Loading...
HomeMy WebLinkAbout02-0104 SAIDIS SHUFF, FLOWER & LINDSAY ATI'0RI~YS.AT,LAW 26 W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 03--lVq : CIVIL ACTION - LAW : ESTATE OF DANIEL N. THUNDU, : JURY TRIAL DEMANDED Defendant : 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Dated:]-~-O~ SAI.D~I,S, SHUFF, FLOWER & LINDSAY ~oseph L. Hitchings, ~Esquire Supreme Court I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY A~TOP,/~*AT~AW 26 W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff V. ESTATE OF DANIEL N. THUNDU, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: ~-]Off : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : : COMPLAINT AND NOW, comes the Plaintiff, Rebecca A. Negley, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of her Complaint against the Defendant as follows: 1. residing at 21 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Daniel N. Thundu, at the time of the subject accident, was an adult individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Daniel N. Thundu, died as a result of injuries suffered in the subject accident, and as such his Estate has been named as the Defendant in this action. 4. On Friday, January 14, 2000, at approximately 11:00 p.m., Plaintiff was operating a 1998 Honda Accord, Pennsylvania Registration number BXZ-577, in an eastbound Plaintiff, Rebecca A. Negley, is an adult individual SAIDIS SHUFF, FLOWER & LINDSAY A'ITORI~TS*AT*LAW 26 W. High Street Carlisle, PA direction on Lisburn Road in Upper Allen Township, County, 5. Pennsylvania. At said time and place, Cumberland Defendant Daniel N. Thundu was operating a 1996 Volkswagen GTI VR6 with Pennsylvania Registration number BZD-3581, in an westbound direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 6. Lisburn Road is a two lane state road with one lane of travel in each direction with a posted speed limit at the place in question of 35 miles per hour. 7. At said time and place, the vehicle being operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediately in front of the vehicle driven by Plaintiff, causing the vehicles to collide. COUNT I - NEGLIGENCE 8. Paragraphs 1 through 7 hereof are incorporated by reference as if the same were more fully set forth at length herein. 9. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent conduct of the Defendant, including but not limited to: a) operating a vehicle in a reckless manner; SAIDIS SHUFF, FLOWER & LINDSAY A'ITOI~/~'YS,AToLAW 26 W. High Street Carlisle, PA b) failing to maintain a proper lookout; c) failing to have his vehicle under proper control; d) failing to stop his vehicle before colliding with the vehicle being operated by Plaintiff; e) traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; f) failing to stay in his lane of travel; crossing over and into the lane of travel of Plaintiff's vehicle; h) operating a vehicle while under the influence of alcohol to the extent that he was unable to safely operate said vehicle; i) operating a vehicle while his blood alchol level was .1690 and in excess of the legal blood alcohol limit; and j) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence. 10. As a direct and proximate result of the careless and negligent conduct of Defendant, Plaintiff sustained the following injuries and/or aggravations of pre-existing conditions, some or all of which may be permanent: SAIDIS SHUFF, FLOWER & LINDSAY ATfORI~YS*AT*LAW 26 W. High Street Carlisle, PA a) b) c) d) e) f) h) 11. broken right hand; fractured right ankle; fractured cheekbone; laceration to the back of the head; various cuts, contusions and bruising to her legs, torso and face; neck and back pain; loosened lower left molar; general pain and suffering. Plaintiff suffered numerous cuts and abrasions to her legs which have resulted in permanent, visible scars on both legs. 12. As a direct and proximate result of the careless and negligent conduct of the Defendant, Plaintiff also suffered psychiatric injuries, some or all of which may be permanent, including but not limited to emotional trauma, anxiety attacks and post-traumatic stress disorder. 13. As a result of the accident and injuries suffered therein, Plaintiff was unable to attend college classes and was unable to work, resulting in a loss of wages. 14. As a result of the accident and injuries sustained therein, Plaintiff has suffered serious and permanent injury which required treatment for which she has incurred medical SAIDIS SHUFF, FLOWER & LINDSAY A~IDRNEYS*AT*LAW 26 W. High Street Carlisle, PA bills and expenses and may require further medical and psychiatric treatment in the future. 15. As a result of the accident and injuries sustained therein, Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss. 16. All injuries and damages as set forth herein, suffered by Plaintiff, Rebecca A. Negley were proximately caused by the negligence of Daniel N. Thundu. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COUNT II - NEGLIGENCE PER SE 17. Paragraphs 1 through 16 hereof are incorporated by reference as if the same were more fully set forth at length herein. 18. The actions and conduct of the Defendant, as set forth in Count I, including but not limited to, Defendant's failure to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles and his operating a motor vehicle while under the influence of alcohol constitutes negligence per se. SAIDIS SHUFF, FLOWER & LINDSAY AT~OP, NI/~*AT.LAW 26 W. High Street Carlisle, PA 19. As a result of the Defendant's negligence per se, the Defendant is liable for the injuries and damages suffered by the Plaintiff arising out of the subject accident. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COD'NT III - PUNITIVE DAMAGES 20. Paragraphs 1 through 19 hereof are incorporated by reference as if the same were more fully set forth at length herein. 21. The Defendant's conduct, as set forth herein, including but not limited to, operating a vehicle at approximately 72 miles per hour in a 35 mile per hour zone, and operating a vehicle while under the influence of alcohol with a blood alcohol level of .1690, constitutes outrageous conduct and a reckless indifference to the interest of others. 22. As a result of Defendant's outrageous conduct, his reckless indifference to the interest of others, and the serious injuries resulting to Plaintiff from said conduct, the imposition of punitive damages is appropriate. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs, interest, punitive SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*AT*LAW 26 W. High Street Carlisle, PA damages, attorneys fees and such further relief as the Court deems appropriate under the circumstances. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATI*O~YS*AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Rebecca A. Negley 0 ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 v. : CIVIL ACTION - LAW : ESTATE OF DANIEL N. THUNDU,: JURY TRIAL DEMANDED : Defendant : ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of Daniel N. Thundu and certify that I am authorized to do so. Date: tep en . iey, sq. 02HB-00008 ;. LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, VS. ESTATE O1~ DANIEL N. Tm.rigor, D~.anO~OANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CML TERM CML ACTION = LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by and through its counsel, Donald R. Dorer, Esquire, Jacobs & Saba, who respectfully states and supports aH these preliminary objections as follows: 1. This lawsuit, arising out of a tragic motor vehicle collision on January 14, 2000 in Upper Allen Township, Cumberland County, Pennsylvania, was commenced by the filing of a Complaint with this Honorable Court on or about January 8, 2002. A true and correct copy of said Complaint is attached hereto as Exhibit "A". 2. The only allegations in the Complaint identifying the Defendant are as set forth in paragraphs 2 and 3 as follows: Daniel N. Thundu, at the time of the subject accident, was an adult individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant, Daniel N. Thundu, died as a result of injuries suffered in the subject accident, and as such his Estate has been named as the Defendant in this action. 3. The case is captioned: "Rebecca A. Negley, Plaintiffv. Estate of Daniel N. Thundu, Defendant", and no where in either the caption, or body, of the Complaint is the identification of the personal representative of the Estate set forth. 4. Letters of Administration were issued to Steven D. Tiley, Esquire by this Honorable Court on or about January 7, 2002, with a tree and correct copy of said Letters of Administration attached hereto as Exhibit "B". 5. Counsel for the Defendant herein believes and thus avers that Steven D. Tiley, Esquire, and as personal representative of the Estate of Daniel N. Thundu, was indeed requested by counsel for the Plaintiff to take out Letters of Administration as per a copy of enclosed correspondence from Steven D. Tiley, Esquire to Mrs. Susan Thundu dated December 28, 2001, enclosed herewith as Exhibit "C". 6. Steven D. Tiley, Esquire executed an "Acceptance of Service" "...on behalf of the Estate of Daniel N. Thundu..." on January 10, 2002, with a tree and correct copy of said Acceptance of Service being attached hereto as Exhibit "D". 7. As a civil action cannot be had against an Estate, but rather must be made against the personal representative thereof, the Defendant respectfully prays this Honorable Court to strike and dismiss Plaintiff's Complaint pursuant to Nelson vs. Estate of Jonathan Massev. 455 Pa. Super 71,686 A.2d 1350 (1996), with a true and correct copy of said case attached hereto as Exhibit "E". WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to strike and/or dismiss Plaintiff's Complaint for lack of conformity to law. Respectfully submitted, LAW/O OF I CO CI5~. Doter, Esquke Kttomey for Defendant Identification No. 39126 Date: January 31, 2002 Exhibit A SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA REBfiCCA k. N~'.Ey, Plaintiff ESTATE OF DANIEL N. THI3NDU, Defendant IN THE.COLrr~ OF CO~ON PLEAS CUMBERLAND aOUNTY, PENNSYLVANIA NO.: 02--/0¥ CIVIL ACTION - LAW gORY TRIAL DEMANDED 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 ~ff% served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOPdD ONE, GO TO OR TELEPHONE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEG:Z! THE OFFICE HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9!08 SAiDrS, SH~FF, FLOWER & LINDSAY · quire Supreme Court I.D. 26 West High Street Carlisle, PA 17013 (7!7) 243-6222 Astorney fcr Plaintiff TF JE COPY FROM RECORD Proth0n~-'~,W/ ~ REBECCA A. NEGLEY, Plaintiff ~ESTATE OF DANIEL N. THUi~DU, Defendant : IN THE COURT OF COMMON PLEAS - : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: : CIVIL ACTION - LAW : JURy TRIAL DEMANDED COMPLAINT .... AND NOW, comes the Plaintiff, Rebecca A. Negley, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of her Complaint against the Defendant as follows: SAIDIS 5HUFF, FLOWER & LINDSAY W. Hig~ Street Carlisle, PA residing at 21 West Green Street, County, Pennsylvania 17055. 2. Daniel N. Thundu, '.at Plaintiff, Rebecca A. Negley, is an adult individual Mechanicsburg, CUmberland the time of the subject accident, was an adult individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Daniel N. Thundu, died as a result of injuries suffered in the subject accident, and as such ~is Estate has been named as the Defendant in this action. ..... day, January ~4, 2000, at approximately 11:00 p.m., Plaintiff was operatin~ a 1998 Honda Accord, ---g-s=~_.__©n n=rm__ BIZ-577, in an eastbound SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hi-~h Street Carlisle, PA direction on Lisburn Road in Upper Allen'Township, Cumberland County, Pennsylvania. 5. At Said time and place, Defendant Daniel N. Thundu , was operatin~ a 1996 Volkswagen GTI VR6 with Pennsylvania Registration number BZD-3581, in an westbound direction on Lisburn Road in Upper Allen Township', Cumberland County, Pennsylvania. 6. Lisburn Road is a two lane state road with one lane of travel in each direction with a posted speed limit at the place in question of 35 miles per hour. 7. At said time and place, the vehicle bein~ operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediately in front of the vehicle driven by Plaintiff, causing the vehicles to collide. COUNT I - NEGLIGENCE 8. Paragraphs ! through 7 hereof are incorporated by reference as if the same were more fully set forth at length herein. 9. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent conduct of the Defendant, including bu5 not limited to: a) operasin~ a vehicle in a reckless map~er; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street C..arllale, PA b) fai±ing to maintain a proper lookout; c) failing to have his vehicle under proper control; d) failing to stop his vehicle before colliding with the vehicle being operated by Plaintiff; e) traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; f) failing to stay in his lane of travel; g) crossing over and into the lane of travel of h) Plaintiff's vehicle; operating a vehicle while under the influence of alcohol to the extent that he was unable to safely operate said vehicle; i) operating a vehicle while his blood a!chol level was .1690 and in excess of the legal blood alcohol limit; and j) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence. i0. As a direct and proximate result of the careless and negligent conduct of Defendant, Plazntiff sustained the following injuries and/or aggravations of pre-existing conditions, some or all of which may be permanent: 3 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA b) c) d) e) f) b~ ':eh right hand; fractured right ankle; fractured cheekbone; laceration to the back of the head; various cuts, contusions and bruising to her legs, torso and face; neck and back pain; loosened lower left molar; general pain and suffering. Plaintiff suffered numerous cuts and abrasions to visible scars on of the careless and the Defendant, Plaintiff also suffered some or all of which may be permanent, amxiety attacks her legs which have resulted in permanent, both legs. 12. As a direct and proximate result negligent conduct of psychiatric injuries, including but not limited to emotional trauma, and post-traumatic stress disorder. 13. As a result of the accident and injuries suffered therein, Plaintiff was unable to attend college classes and was unable to work, 14. wniTk ~=c.,~d resulting in a loss of wages. As a result of the accident and injuries sustained Plaintiff has suffered serious and permanent injury treatment for "~ s~= ' ~,~=~ = ~ ~ ~--= ...... nas .... u .... m~d_ca, SAIDIS ~HUFF, FLOWER & LINDSAY bills psychiatric 15. therein, ahd exp=nses and may require Iurt~r medical and treatment in the future. - As a result of the accident and injuries sustained Plaintiff has suffered an interruption of her daily' 17. reference as if herein. .habits and pursuits to her detriment and loss. 16. All injuries and damages as set forth herein, suffered by Plaintiff, Rebecca A. Ne~ley were proximately caused by the negligence of Daniel N. Thundu. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COLrNT II - NEGLIGENCE PER SE Paragraphs 1 through 16 hereof are incorporated by the same were more fully set forth at length 18. The actions and conduct of the Defendant, as set forth in Count !, including buE hOE limited to, Defendant's failure to comply with the provisions of the Pennsylvania. Motor Vehicle Code relating to the operation of motor vehicles and his operating a motor vehicle while under the influence of alcohol consTituTes negligence per se. SAIDIS SHUFF, FLOWER & LINDSAY W. High Street Carlisle, PA 19. As result of the Defendant' .2egligence per se, the Defendant is liable for the injuries and damages suffered by the Plaintiff arising out of the subject accident. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COLrNT III - PUNITIVE DAY-AGES "- 20. Paragraphs 1 through 19 hereof are incorporated by reference as if the same were more fully set forth at length herein. 21. The Defendant's conduct, as set forth herein, including but not limited to, operating a vehicle at approximately 72 miles per hour in a 35 mile per hour zone, and operating a vehicle while under the influence of alcohol with a blood alcohol level of .1690, constitutes outrageous conduct and a reckless indifference to the interest of others. 22. As a result of Defendant's outrageous conduct, his reckless indifference to the interest of others, and the serious injuries resulting to Plaintiff from said conduct, tke imposition of punitive damages is appropriate. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgmen5 agains~ the Defendant, Estate of Daniel amcun5 in excess of $25,000.00 plus c$sts, Thundu, in an interest, punitive SAIDIS $ HUFF, FLOWER & LINDSAY 26 W. Hi§h Street Carlisle, PA damages, att heys fees and such furthe. 'relief deems appropriate under the circumstances. as the Court Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~O~eph L. Hitchings, ~ire Attorney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER 8l LINDSAY 26 ',V. High SU'eet C~rlisle, PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Rebecca A. Negley ~J ~' ~ Exhibit B PM fREY~TILEY Register of Wills oflCUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2002-00012 PA No. ESTATE OF THUNDU DANIEL N WHEREAS, CUMBERLAND COUNTY died on the 14th day of and WHEREAS, the grant of letters of administration is required for the administration of the estate, 21'-02-0012 Late of MONROE TOWNSHIP , Deceased Social Security No. 20Q-72-3161 THUNDU DANIS~ N , late of MONROE TOWNSHIP January 2000; THEREFORE, I, .MARY C. LEWIS ~ , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to TILEY STEPHEN D who has duly qualified as administrator(rix) of the estate cf the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTy COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 7th day of January 2002. r Register of wills **NOTE** ALI, NAMES A~O~IE APPEAR (lAST. FIRST, MIDDLE) Exhibit C ROBERT M. FREY OF COUNSEL STEPHEN D. TILEY ROBERT G. FREY FREY & TILEY ATTORNEYS-AT-LAW 5 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 December 28, 2001 Mrs. Susan Thundu 31 'Ashbu~'Drive Mechanicsburg, PA 17055 Re: Estate of Daniel N. Thundu Dear Mrs. Thundu: Please accept my sympathies for the loss of your husband. I am sure that the Holidays and the upcoming anniversary of his death are very difficult times for you and my thoughts and prayers are with you. As you know, Rebecca Ann Negley has an automobile negligence action against Mr. Thundu's Estate. The attorney for Ms. Negley is Joseph L. Hitchings at the law firm of Saidis, Shuff, Flower & Lindsay here in Carlisle. In order to prosecute this legal action. Mr Hitchings has asked that I take out Letters of Administration for your husband's estate Therefore, I have been hired to do this and have filed a Petition for Grant of Letters of Administration, which Mr. Hitchings prepared. I expect that Letters of Administration will shortly be j.ssued to me. If for some reason you would prefer to administer your husband's estate I am sure that these proceedings could be reversed in your favor. On the other hand, assuming that you are satisfied to have me serve as Administrator, the Register of Wills Office has requested that you sign a renunciation form in favor of my being named as Administrator. Therefore, enclosed you will find that form and, if this is satisfactory to you, I ask that you sign it and return it to me in the er~closed envelope. On the assumption that I am going to administer your husband's estate, I ask for certain information so that I can comply as best I can with legal requirements for administration. I am sure that Mr. Hitchings has already asked you these and possibly other questions but I am duty bound [o make an invesfigation of the facts. First of all, are you aware of any Will of your husband? If he had a Will then we n~ed to file that with the Court. I assume that I have your name and address correct Mr. Hitchings indicated that your husband has a minor daughter who lives with you. Kindly provide her name and birth date and confirm that she Jives with you. Kindly also confirm that Daniel Thundu did not have any other children. Are you aware of any assets in Mr. Daniel Thundu's name alone. Assets wnich he and you owned jointly as husband and wife automatically pass to you at his death and are irrelevant to , administration of his estate. I do not need to know anything about joint assets: Probably most of your assets were held jointly. Items of persona! property which you acquired together during the course of marriage, such as furniture, will probably be owned jointly. Items such as automobiles, bank accounts, and real estate are controlled by their title. If they are titled or named in joint names as husband and wife then they are so owned and are not an asset for administration in the estate. Mrs. Sttsalt T/tttltdtt Re: Estate of Daaiel N. T]tttttdtl December 28. 2001 Page 2 Fr~ &Til~ On the ~ther hand, anything titled or named in Mr. Thundu's name alone is an asset which must pass through the estate. Kindly advise as to any assets of the estate. Evidently, Rebecca Negley has a claim against the estate ~hich is likely to far exceed its assets and, therefore, there will be no net estate to distribute to you and your daughter. You should know, however, that your joint property, your separate property, and the assets of your daughter, are not subject to the claims against the estate regarding the automobile accident. Are you aware of any other debts, whether paid or not, or claims against the estate? These ~ , would be debts in your hus_and s name alone, if you have a copy of the funera~ bill. it would be convenient to receive that. · Again, ultimately I expect that Mr. Hitchings will prepare most of the documentation and do most of the work in connection with the administration of the estate and my primary function will be to oversee that work. Nevertheless, I appreciate you contacting me directly so that I can fulfill my duty to investigate the assets, liabilities, and heirs of the estate. Again, please accept my sympathies for the loss of your husband. Sincerely yours, Stephen D. Tiley SDT/tl Enclosures cc: Joseph L. Hitchings, Esquire RENUNCIATION _ ._~In Re Estate of DANIEL N. THUNDU, deceased. To the Register of Wills of CUMBERLAND County, Pennsylvania. The undersigned SUSAN THUNDU, wife of the above.decedent, hereby renounce(s) the right to administer the estate and respectfully a~k(s) t~ of Administration her WITNESS h~d this ~m '~'~'5'~.7.5~.~.~. day of , 19_ Susan Thundu (signature) 31 Ashburg Drive Mechanicsburg~ PA 17055 (Addreis) (Signature) (Addrcss) (Signature) (Addr~s) Exhibit D SAIDIS JFF, FLOWER LINDSAY W. High Street Carlisle, PA REBECCA A. NEGLEy, Pla~tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 v. : CIVIL ACTION - LAW ESTATE OF DANIEL N. THUNDU,: IURY TRIAL DEMANDED : Defendant : ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of Daniel N. Thundu and certify that I am authorized to do so. Date: Stephen D. Tiley, Esq. Exhibit E 1350 Pa. states his available resources in view of his lack of employment. Thus, this would result in a confiscatory and unfair order. He fur~ ther argues it improperly converts assets into income. We observe that it is earning capacity and other financial reso~,rces which are consid- ered in determining support, not just current actual earnings. See Blaisure v. Blaisure, s~pra (ability to pay support is determined primarily by the parent's financial resources and earning capacity). The aetuul calcula- tions utilized herein are supported by the record. Absent some showing by appellant that this method is erroneous, it must be upheld. See Dugery v. Dugery, 276 Pa. Su- per. 51, 419 A.2d 90 (1980) (court has power and duty to look beyond the actual earnings of the parties and consider the value and extent of their other financial resources). We therefore find the support order is sup- ported by the calculati6hs in the record and is not so large or unreasonable as to be confiscatory. See Fra~kenfield v. Feeser, su- Order affirmed. Julius NELSON, Appellant, ESTATE of Jonathan MASSEY, Appellee. Superior Court of Pennsylvania. . Argued Sept. 17, 1996. Filed Dec. 31, 1996. 686 ATLANTIC REPORTER, 2d SERIES tained objections and dismissed Complainant appealed. The Superior Cour~ No. 3404 Philadelphia 1995, Del Sole, J., held; that complainant was not entitled to amend complaint to name personal representative of decedent's state as defendant after statute of limitations had run. Affirmed. 1. Parties ¢=95(6) Complainant was not entitled to amend complaint to name personal representative of decadent's estate, rather than estate itself, as defendant in action arising from automobile action, after statute of limitations had nm, when complainant failed to offer evidence of fraud or concealment, complainant was ad- vised of decedent's death months before limi- tations period expired, decedent's estate had no duty to advise complainant of personal representative's name, and personal repre- sentative's identity was not concealed. 2. Executors and Administrators It was responsibility of complainant seeking to bring action against personal rep- resentative of decedent's estate to inquire of register of wills in county of decedent's rasi- deuce to determine ff personal representative had been appointed, and, if inquiry led him to believe that no administrator had been ap- pointed, to take action to have such person appointed in timely manner. 3. Executors and Administrators ¢~420 Action cannot be m~?}tained. ~gains~: de- cedent's estate. Joan Atlas, Philadelphia, for appellant. Michael Saltzburg, Philadelphia, for appel- lee. Complainant filed action arising out of automobile accident against decedent's es- tate. Estate filed preliminary objections, and complainant moved for leave to amend complaint to substitute personal representa- tive as defendant. The Court of Common Pleas, Philadelphia County, Civil Division, No. 3584 March Term 1995, Maier, J., sus- Before DEL SOLE, BECK an.d_ POPOVICH, JJ. DEL SOLE, Judge: This is an appeal from a trial court order granting Appallee's preliminary objections and striking Appellant's Complaint which was filed against the "Estate of Jonathan NELSON v. ESTATE OF MASSEY Cneas686 A.2d ]SSO (Pa. Super. 1996) Massey," rather than the personal represen- of the decedent's estate. We affirm. ~n December 9, 1992, Appellant was in- in an automobile accident with Jona- than Massey, who was insured by State iFarm Insurance Company. Appellant and Farm sought to resolve matters through a non binding Alternate Dispute Resolution, but a settlement was not realized. Appellant then filed suit against Jonathan Massey in August of 1994, however unbe- kno~'nst to Appellant, Mr. Massey had died a. few months earlier on May 3, 1994. Counsel for State Farm advised Appellant of Mr. Maesey's death in January of 1995. As a result of obtaining this information, Appel- ]ant discontinued his action and on March 30, 1995 filed the Complaint at issue against the Estate of Jonathan Massey. In June, Appel- lee filed preliminary objections. Appellant answered and filed a motion for leave to amend the complaint to substitute the per- sonal representative as the defendant. The court issued an order in August, sustaining the preliminary objections and dismissing the Complaint. Appellant acknowledges that because of the decedent's death the Statute of Limita- tions was extended for ,one year from his death, to May 3, 1995. Although the second action filed by Appellant was within this time period, it named as a defendant, the estate rather than the personal representative. The trial court found that because an action cannot be had against an estate but must be made against a personal representative, Ap- pellsnt's complaint had to be dismissed.. Ill Appellant argues that Appellee en- gaged in fraud by not providing him with timely notice of the decedant's death and failing to disclose the identity of the adminis- trator who resided in Ohio. Therefore, he Was unable to file a timely Complaint naming the administrator rather than the estate. Appellant asserts that his failure to name a personal representative is a defect which may be corrected by amendment, and the trial court erred in not permitting him to such In support of his position cites to t~'o cases, Myers v. The 1, 440 Pa. Super. 176, 655 A.2d ?a. 1351 176 (1995), and Finn v. Dugar~ 260 Pa. Su- per. 367, 394 A.2d 595 (1978). Our reading of these cases causes us to conclude that they do not support Appeliant's position, but rather confirm the action taken by the trial court. In Myer~ this court affirmed a trial court's order sustaining pre- liminary objections and dismissing a com- plaint fried against the estate of a decedent. This court upheld the trial court's decision which found that the estate of the decedent was not a proper party-defendant. We went on to hold that even where an estate has not been raised and no personal representative appointed, the plaintiffs remedy is to secure the appointment of a personal representative by applying to the Register of Wills for the issuance of letters testamentary or letters of administration. In support of its ruling this court in Myers cited to Finn v. Duga~, au- pr~ In Finn it was also held that "all actions that_ survige a decedent must be brought by or against a personal representa- tire." Finn v. Duga~ 260 Pa. Super. at 369, 394 A.2d at 596 This court in Finn noted that there was no active concealment of the personal representative shown and that it was the plaintif£s responsibility to have pro- caned the appointment of an administrator ff one had not been appointed. This court ruled that an amendment to the Complaint to later name the administrator could not be _ made since the statute of limitations had run. [2] Likewise in this case, despite Appel- lant's claims, he has offergd nothing which would suggest fraud or concealment. Appel- lee advised Appellant of the decedent's death months before the statute of limitations would have expired. Appellee had no duty to advise Appellant of the name of the personal representative and there is no claim made which would suggest that the identity of this individual was concealed. Although it was later determined that the estate was raised in Ohio, the decedent was a resident of Phila- delphia and it was Appeliant's responsibility to inquire of the Register of Wills of Phila- delphia County to determine if a personal representative had been appointed. If such inquiry lead him to believe that no adminis- trator had been appointed, Appellant should have taken action to have such a person 1352 Pa. appeinted in a timely manner. See Myers v. Estate of Wilks, supro, and Finn v. Duga~, supro~ [3] Because Appellant failed to act in ~ timely manner to amend his Complaint to name an administrator instead of the estate and because an action cannot be maintained against an estate, the trial court was correct in granting Appellee's Preliminary Objec- tions and dismissing Appellant's complaint. Order Affn'med. 686 ATLANTIC REPORTER, 2d SERIES 1. Contempt ~'63(1) In contempt proceeding, final order is order which finds respondent in contempt and imposes sanctions. 2. Divorce ~=~280 Partial contempt order which found hus- band partially in contempt of divorce decree incorporating property settlement, but which did not impose sanctions, was not final, ap- pealable order. 3. Husband and Wife a=,281 As a general rule, posttrial motions may not be filed from claim involving enforcement of marital agreements. Rules Civ. Proc., Rule 1920.52, 42 Pa.C.S.A. Timothy O. Nolen, Blue Bell, for appellant. Lawrence F. Flick, Norr/stovm, for appel- lee. Jennifer Lynn DRISSEL, Appellant, David W. DRISSEL, Jr., Appellee. Superior Court of Pennsylvania..~ Submitted Sept. 17, 1996. Filed Dec. 31, 1996. Wife filed petition for contempt against husband for violation of property settlement agreement entered into as part of divorce decree. The Court of Common Pleas, Mont- gomery County, Civil Division No. 93-03708, Subers, J., found husband partially in con- tempt and dismissed husband's exceptions and wife's cross exceptions. Both parties appealed. The Superior Court, No. 442 Phil- adelphia 1996, Del Sole, J., held that partial contempt order in divorce action was not final, appealable order. Appeal quashed. 1. The lower court opinion incorrectly suggests that the parties should have appealed to this court from the May 1995 Partial Contempt Or- der. However, that Order, which did not impose sanctions against Husband, was not a final order Before DEL SOLE, BECK and POPOVICH, JJ. DEL SOLE, Judge: [1,2] Husband David W. Drissel and Wife Jennifer Lynn Drissel were divorced in May 1994. The divorce decree incorporated by reference a property settlement executed by the parties in March 1994. Subsequently, Wife £fled a Petition for Contempt for Viola- tion of the Property Settlement Agreement. Following a hearing, Husband was found part/ally in contempt in May 1995, however, sanctions were not imposed. Husband filed "Exceptions" to the May 1995 Order and Wife filed "Cross Exceptions." The excep- tions and cross-exceptions were dismissed on January 5, 1996 pursuant to Pennsylvania Rule of Civil Procedure 1920.52, 42 Pa.C.S.t Husband filed an appeal to this court from the January 1996 Order dismissing the ex- ceptions and cross-exceptions and Wife filed a cross-appeal. In an interesting twist of events, both Husband and Wife now concede that the trial court properly dismissed their and therefore not appealable. In a contempt proceeding, the final order is the order which finds the respondent in contempt and imposes sanctions. Sonder v. Sonder, 378 Pa. Super. 474, 549 A.2d 155 (1988). SAIDIS SHUFF, FLOWER & LINDSAY 2§W. High S~'eet REBECCA A. NEGLEY, Plaintiff V. STEPHEN D. TILEY, Personal Representative and Administrator of the ESTATE OF DANIEL N. THUNDU, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-104 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Dated :'1- ~-~' SAIDIS, SHUFF, FLOWER & LINDSAY ~S°~eL~o~ c~s; 6~ire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High $1reet Carlisle, PA REBECCA A. NEGLEY, Plaintiff STEPHEN D. TILEY, Personal Representative and Administrator of the ESTATE OF DANIEL N. THUNDU, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-104 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes the Plaintiff, Rebecca A. Negley, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files this A~mended Complaint, as of course, pursuant to Pa.R.C.P. 1028(c) (1)and avers in support thereof as 1. Plaintiff, Rebecca A. Negley, is an adult residing at 21 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Daniel N. Thundu, at the time of the subject accident, was an adult individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, 17055. 3. Daniel N. Thundu died as a result of injuries suffered in the subject accident on January 14, 2002. 4. After Mr. Thundu's death, no estate was opened by his relatives or heirs, so Plaintiff's counsel made arrangements for Stephen D. Tiley, Esquire to serve as follows: individual Pennsylvania SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA Administrator of Mr. Thundu's estate, and a Petition for Letters of Administration was filed with the Cumberland County Register of Wills Office. 5. Letters of Administration for the Estate of Daniel N. Thundu were issued to Stephen D. Tiley, Esquire, by the Register of Wills of Cumberland County on January 7, 2002. A true and correct copy of the Certificate of Grant of Letters is attached hereto, incorporated herein and marked as Exhibit 6. Stephen D. Tiley is an attorney and member of' the Cumberland County Bar, and has a professional address of 5 S. Hanover St., Carlisle, PA 17013. 7. Stephen D. Tiley, Esquire as personal representative and administrator of the Estate of Daniel N. Thundu accepted service of the original Complaint in this matter on January 10, 2002 a true and correct copy of Acceptance of Service is attached hereto incorporated herein and marked as Exhibit "B". 8. The Acceptance of Service form executed by Mr. Tiley stated that he was authorized to accept service, and was filed with this Court on January 22, 2002. 9. On Friday, January 14, 2000, at approximately 11:00 p.m., Plaintiff was operating a 1998 Honda Accord, Pennsylvania Registration number BXZ-577, in an eastbound 2 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 10. At said time and place, Defendant Daniel N. Thundu was operating a 1996 Volkswagen GTI VR6 with Pennsylvania Registration number BZD-3581, in an westbound direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 11. Lisburn Road is a two lane state road with one lane of travel in each direction with a posted speed limit at the place in question of 35 miles per hour. 12. At said time and place, the vehicle being operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediately in front of the vehicle driven by Plaintiff, causing the vehicles to collide. COUNT I - NEGLIGENCE 13. Paragraphs 1 through 12 hereof are incorporated by reference as if the same were more fully set forth at length herein. 14. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent not limited to: a) conduct of the Defendant, including but operating a vehicle in a reckless manner; 3 SAIDIS SHUFF. FLOWER & LINDSAY 26 W. High S~reet Carlisle, PA b) c) d) e) f) g) h) i) J) failing to maintain a proper lookout; failing to have his vehicle under proper control; failing to stop his vehicle before colliding with the vehicle being operated by Plaintiff; traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; failing to stay in his lane of travel; crossing over and into the lane of travel of Plaintiff's vehicle; operating a vehicle while under the influence of alcohol to the extent that he was unable to safely operate said vehicle; operating a vehicle while his blood alchol level was .1690 and in excess of the legal blood alcohol limit; and failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence. 15. As a direct and proximate result of the careless negligent conduct of Defendant, Plaintiff sustained the following injuries, aggravations of pre-existing conditions, or symptoms, some or all of which may be permanent: and 4 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA a) b) c) d) e) f) g) h) 16. her legs which have resulted in permanent, both legs. 17. As a direct and proximate result of the careless negligent conduct of the Defendant, Plaintiff also suffered psychiatric injuries, some or all of which may be permanent, including but not limited to emotional trauma, and post-traumatic stress disorder. 18. therein, fractured right hand; fractured right ankle; fractured cheekbone; laceration to the back of the head; various cuts, contusions and bruising to her legs, torso and face; injury to the neck and back resulting in neck and back pain; loosened lower left molar; general pain and suffering. Plaintiff suffered numerous cuts and abrasions to visible scars on and anxiety attacks As a result of the accident and injuries suffered Plaintiff was unable to attend college classes and was unable to work, resulting in a loss of earning capacity. 19. As a result of the accident and injuries sustained therein, Plaintiff has suffered serious and permanent injury 5 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA which required treatment for which bills and expenses and may require psychiatric treatment in the future. 20. therein, she has incurred medical further medical and As a result of the accident and injuries sustained Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss of enjoyment life. 21. Ail injuries and damages as set forth herein, suffered by Plaintiff, Rebecca A. Negley, were proximately caused by the negligence of Daniel N. WHEREFORE, Plaintiff, Rebecca A. against the Defendant in an amount in excess of $25,000.00 plus costs and interest. of Thundu. Negley, demands judgment COUNT II - NEGLIGENCE PER Sm 1 through 21 hereof are incorporated by 22. Paragraphs reference as if the same were more fully set forth at length herein. 23. The actions and conduct of the Defendant, as set forth in Count I, including but not limited to, Defendant's failure to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles and his operating a motor vehicle while under the influence of alcohol constitutes negligence per se. 6 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 24. As a result of the Defendant's negligence per se, the Defendant is liable for the injuries and damages suffered by the Plaintiff arising out of the subject accident. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant in an amount in excess of $25,000.00 plus costs and interest. COUNT III - PUNITIVE DAMAGES 25. Paragraphs 1 through 24 hereof are incorporated by reference as if the same were more fully set forth at length herein. 26. including but approximately The Defendant's conduct, as set forth herein, not limited to, operating a vehicle at 72 miles per hour in a 35 mile per hour zone, and operating a vehicle while under the influence of alcohol with a blood alcohol level of .1690, constitutes outrageous conduct and a reckless indifference to the interest of others. 27. As a result of Defendant's outrageous conduct, his reckless indifference to the interest of others, and the serious injuries resulting to Plaintiff from said conduct, the imposition of punitive damages is appropriate. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREFORE, ?laintiff, Rebecca A. Negley, demands judgment against the Defendant in an amount in excess of $25,000.00 plus costs, interest, punitive damages. DATED:~ ~SAIDIS, SHUFF, FLOWER & LINDSAY x,~seph L. Hitchings, ~/quire Attorney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff Register of Wills of CUMBER. LAND County, Pennsylvania Certificate of Grant of Letters ESTATE OF 2002-00012 PA No. THUNDu DANIEL N Late of Deceased 21-02-0012 Social WHEREAs, THUNDU DANIEL N CUMBERLAND COUNTy , died on the and Security No. 200-72-3161 , late of _.MONROE TOWNSHIP _14th day of Januar~ 2000; WHEREAs, the grant of letters of administration is required for the administration of the estate. -- THEREFORE, I, MARy C. LEWIS in and for the County of ~CUMBERLAND _, Register of Wills i _, n the Commonwealth of Pennsylvania, have this day granted Letters of Administration to (TILE~ STEPHEN D -- who bas duly qualified as administrator(rix)_ of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUI~Ty COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal ~f my Office on the 7th day of Januar~ 2002. ~egisuer of ~itls **NOTE** ALL AIAMEs ABOVE /~PPF2%R (LAST, FIRST, MIDDLE) SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Strut Carlisle, PA REBECCA A. NEGLEY, Plaintiff V, : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 : CIVIL ACTION - LAW : ESTATE OF DANIEL N. THUNDU,: JURy TRIAL DEMANDED : Defendant : ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of Daniel N. Thundu and certify that I am authorized to do so. Date: Stephen D. Tiley, Esq. SAIDIS SHUFF, FLOWER & LINDSAY ATrORb~YS.AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. a A. Nhgle~t' SAIDIS gHUFF. FLOWER & LINDgAY 26 W. High Street Carlisle, PA CERTIFICATE%S~RVICE hereby certify I served a true and corf~ect copy of the foregoing Amended Complaint Pursuant to PA.R.C.P. 1028©(1) upon all parties of record via United States Mail, postage prepaid, addressed as follows: Stephen D. Tiley, Esquire 5 S. Hanover St. Carlisle, PA 17013 Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Ave. Suite 503 Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY 02I-1~-00008 ~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant R~P_X:CA A. NEGLEY, VS. Sx~a-~ D. TILEY, PERSONAL REPRF, SENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DAN~a~L N. THUNDV D~.~'~NDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BI~N.N 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 Answer to Amended Complaint with New Matter and Notice are served by entering a written appearance personally or by attorney and fding in writing with the court your defenses or objections to the claims set forth against you. You are warned that ff 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 Answer to Amended Complaint with New Matter or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET T.I~GAL I-H~.t.p. 02~1B-000~8 ~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0985 Attorneys for Defendant REBECCA A. NEGLEY, VS. S'rv~agN D. Tn_~y, PBRSONAL REPRF~ENTATIVE AND ADM]NI~rRATOR OF TI~ ES'rATE OF DANr~ N. ~ DEFENDANT IN THE COURT OF COMIVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CWR, TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER TO AMENDED COMPLAINT WITH NEW MATTER OF DEFENDANT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11.- 27. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §I029(e). WI-IItRBFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff'S Complaint, and to enter judgment against the Plaintiff. and in favor of the Defendant. 28. Paragraphs 1 through 27 are incorporated herein by reference, and made a part hereof as if set fo~h in full. 29. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvani~ Motor Vehicle Financial Responsibility Law. 30. The claims of the Plaintiff are barred pursuant to the applicable Statute of Limitations, 42 Pa.C.S.A. §5524 insofar as the Plaintiff failed to initiate a hwsuit against Stephen D. Tiley, Personal R~resentative and Administrator of the Eatate of Daniel N. Thundu until the Amended Complaint was filed with this Honorable Court on or about February 8, 2002 in response to Preliminary Objections of Defendant to Plaintiff's Complaint, incorporated herein by reference and attached hereto as Exhibit "A". WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff.and in favor of the Defendant. Respectfully submitted, LAW O I OF OBS /tABA By: i~I~ ~~/ Doh~] R. Dorer, Esquire ~' ' Attorney for Defendant Identification No. 39126 Date: February 21, 2002 02HB-00008 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, VS. Sx~'lt~ D. THEY, PERSONAL REP~ATIVE AND ADMINISTRATOR OF THE ESTATE OF DANmL N. ~U D~'g, NDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CIVIL TERM CML ACTION- LAW JURY TRIAL DEMANDED VERIFICATION I, Stephen D. Tiley. Esouire. Personal Representative and Admlnintrator of tha Estate of Daniel N. Thundu , verify that the statements made in the foregoing Answer to Amended Complaint with New Matter of Defendant , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate al~er investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unsworn falsifications to authorities. Dated:~~,~o~. ~ephe~{ D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu Exhibit A o~,m-oooOs LAW OFFICES OF JACOBS & SABA ..... 21~.4 :S~nate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, VS. ESTATE OF DANIEL N. TmrN~u, DEFENDANT IN THlg COURT OF COMMON PLEAS CUMBERLAND COUNlqff, PENNSYLVANIA NO. 02-104 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of ,2002, upon consideration of the foregoing Preliminary Objections, it is hereby ORDERED that: A Rule is issued upon the Plaintiff to show cause as to why the relief requested herein should not be granted. Rule returnable days after service.. [] The Preliminary Objections shall be decided under Pa.R.C.P. 206.7. Argument shall be held on the Cumberland County courthouse. ., 2002, in Court Room __ of [] Notice of the entry of this Order shall be provided to all parties by the Defendant. BY THE COURT: 0~I.-IB-00008 LAW OFFICES OF JACOBS & SABA . ~-~2L4,Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, VS. ESTATE OF DANIEL N. TmJNDU, DEFENDANT IN THE COURT OF CO1VIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-104 CIVIL TERM CML ACTION LAW JURY TRIAL DEMANDED >~ '~- PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by and through its counsel, Donald R. Dorer, Esquire, Jacobs & Saba, who respectfully states and supp0~s all these preliminary objections as follows: 1. This lawSUit, arising out of a tragic motor vehicle collision on January 14, 2000 in Upper Allen Township, Cumberland County, Pennsylvania, was commenced by the filing of a Complaint with this Honorable Court on or about January 8, 2002. A true and correct copy of said Complaint is attached hereto as Exhibit "A'. 2. The only allegations in the Complaint identifying the Defendant are as set forth in paragraphs 2 and 3 as follows: Daniel N. Thundu, at the time of the subject accident, was an adult individual residing at 1602 West Lisbum Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant, Daniel N. Thundu, died as a result of injuries suffered in the subject accident, and as such his Estate has been named as the Defendant in this action. 3. The case is captioned: "Rebecca A. Negley, Plaintiffv. Estate of Daniel N. Thundu, Defendant", and no where in either the caption, or body, of the Complaint is the identification of the personal representative of the Estate set forth. 4. Letters of Administration were issued to Steven D. Tiley, Esquire by this Honorable Court on or about January 7, 2002, with a true and correct copy of said Letters of Administration attached hereto as Exhibit "B". - "~ ..... ~' "5. Counsel for the Defendant herein believes and thus avers that Steven D. Tiley, Esquire, and as personal representative of the Estate of Daniel N. Thundu, was indeed requested by counsel for the Plaintiff to take out Letters of Administration as per a copy of enclosed correspondence from Steven D. Tiley, Esquire to Mrs. Susan 2rhundu dated December 28, 2001, enclosed herewith as Exhibit "C". . 6. Steven D. Tiley, Esquire executed an "Acceptance of Service" "...on behalf of the E~tate o'fi)aniel N. Thundu..." on January 10, 2002, with a tree and correct copy of said Acceptance of Service being attached hereto as Exhibit "D". 7. As a civil action cannot be had against an Estate, but rather must be made against the personal representative thereof, the Defendant respectfully prays this Honorable Court to strike and dismiss Plaintiff's Complaint pursuant to Nelson vs. Estate of Jonathan Masse¥, 455 Pa. Super 71, 686 A.2d 1350 (1996), with a true and correct copy of said case attached hereto as Exhibit "E'. WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to strike and/or dismiss Plaintiff's Complaint for lack of conformity to law. Respectfully submitted, LAW OF~/CES OF ,]'~COBS ~ . Dorer, Esquire Attorney for Defendant Identification No. 39126 Date: January31, 2002 SAIDIS SHUFF, FLOWER & LINDSAY W. High Street Carlisle. PA REBECCA A. NE~7 ~Y, Plaintiff Vo ESTATE OF DANIEL N. THIINDU, Defendant :CUMBERLAND UNTY, : CIVIL ACTION - L~W : ~T'O?.Y TRIA~ DE~D~I'DED IN THE COUTM OF CO.ION PLEAS PENNSYLVANIA lqOTICE 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 ~t%: se~'ed, 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. _~U YOU SHOIFbD TAKE THiS PAPE?. TO YOUR LAVSfER AT ONCE. IF v~- DO NOT .~2AVE A LAWYER OP. CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT. WHERE YOU CA=N GET ~G'r HELP. Cumberland ~punty Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Da~ed:}-~-0% SAintS, SF~FF, FLOWER & LIN~SAY /o~eph L. Hitchin~s, ~Esquire Supreme Court I.D. ~ 65'551 26 West High Street Carlisle, PA 17013 (717) 243-6222 A~torney fcr Plaintiff 'f R JE COPY FROM m TeStmo f I Mre unto sat my I- c SAIDIS iHIIFF, FLO%~T..R & LINDSAY 26 W. Hi~ Street C. lrlisleo PA REBECCA A. Vo NEGLEY, Plaintiff RESTATE OF DAaN'IEL N. THUN~U, A~ NOW, through her attorneys, Saidis, avers in support of her Complaint follows: 1. Plaintiff, Rebecca A. Neg!ey, County, 2. accidenT, residing at 21 West Green Street, Mechanicsburg, Pennsylvania 17055. Daniel N. Thundu,~;:at Lisburn Road, 17055. 3. Defendant, Daniel N. Thundu, Shuff, Flower & Lindsay, against the Defendant Defendant : COMPLAINT comes the Plaintiff, Rebecca A. NO.: CIVIL ACTION J-GRY TRIAL DESU~NDED Negley, by and and as is an adult individual Cumberland the time of the subject was an adult individual = ~'~ r~s_c_..g at 1602 West Mechanicsburg, Cu~beriand County, Pennsylvania died as a result of injuries suffered in the subject accident, and as such ~is Estate has been named as the Defendant in this action. ~ On ~ '-' 2000 =~ approximately 11:00 .~_a=y, January ~ ~' '~= oueratinc a ~.m., '=;~ ' was ~ce= Honda Accord, -=.,..=~.,=~.== Registrau±on nur~er ~XZ-577, in an eastbound IN THE COURT OF CO~SMON PLEAS CUMBERLAND COUNTY, PEN-NSYLVA.N'IA SAIDIS SHUFF, FLOWER & LINDSAY 2,5 W, Hi{h Carlislm, PA direction on Lisburn Road in Upper Allen Township, County, Pennsylvania. 5. At Baid time and place, Defendant Daniel N. Thundu was operating a 1996 Volkswagen GTI V-R6 with Pennsylvania Registration number BZD-3581, in an westbound direction on in Upper Allen Township', Cumberland County, Lisburn Road Pennsylvania. of travel Cumberland Lisburn Road is a two lane state road with one lane in eacha!rec~!on" ~' with a .posted soeed~ limit at the place in question of 35 miles per hour. 7. At said time and place, the vehicle being operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediately in front of the vehicle driven by Plaintiff, causing tke vehicles to collide. COUNT I - ~GLIGENCE ! through 7 hereof are incorporated by same were more fully set forth at lengtk ~. Paragraphs reference as if the herein. 9. The collision of the Defendant's vehicle with the Plal.~=_== s vehicle was a direct and proximate result of th~' careless and negligent no~ limited to: a) ooera:ing a vehicle in a reckless mapz, er; conducu of the Defendant, including falling to maintain a proper lookout; ._ b) II c) failing to have his vehicle under proper control; d) failing to stop his vehicle before colliding with ~'~,~: ~. the vehicle being operated by Plaintiff; e) traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; f) failing to stay in his lane of travel; ~ ~ ::~: g) crossing over and into the lane of travel of Plaintiff's vehicle; h) operating a vehicle while under the influence of SAIDIS SHUFF, FLOWER & LINT)SAY 25 W. High Carlisle, PA alcohol to the extent that he was unable to safely operate said vehicle; i) j) operating a vehicle .1690 and in excess limit; and failing to com. ply with the provisions of the while his blood a!chol level was of the legal blood alcohol Pennsylvania ~4otor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence. i0. As a direct and proximate result of the careless a~d negligent conduct of Defendant, Plazntiff sustained the fo!!owin~ injuries and/or aggravaticns of pre-existing conditicns, some or all of which may be permanent: SAIDIS $ HUFF, FLOWER & LIN'DSAY 26 W. Hlg.h Street Cartiale, PA a) b) c) d) e) f) g) h) !!. bl~ in right hand; fractured right ankle; fractured cheekbone; laceration to the back of the head; various cuts, contusions and bruising to her legs, torso and face; neck and back pain; loosened lower left molar; general pain and suffering. Plaintiff suffered numerous cuts and abrasions to visible scars on her legs which have resulted in permanent, both legs. 12. As a direct and proximate result of the careless and negligent conduct of the Defendant, Plaintiff also suffered psychiatric injuries, some~r all of which may be permanent, including but not limited to emotional trauma, a~{iety attacks and poss-traumatic stress disorder. !3. As a result of the accident and injuries suffered therein, Plaintiff was unable to attend college classes and was unak!e to work, resulting in a loss of wages. 14. "kick re.__i_e~ trea-_menu fcr wr. zcn she .-.as As a result of the accident and injuries sustained Plaintiff has suffered sericus and permanent'inju_~f in_"__ed~=-~ "medical SAIDIS ~ HUFF, FLOWER & LINDSAY Carlisle. PA bills and ex~,e-ses and may require furt~-~ medical and psychiatric treatment in the future. t5. As a result of the accident and injuries sustained therein, Plaintiff has ~.habits and pursuits to 16. All injuries suffered by Plaintiff, suffered an interruption of her daily' her detriment and loss. and damages as set forth herein, Rebecca A. Ne~iey were proximately caused by the neg!igence of Daniel N. Thundu. ~U,-.'EREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COUNT II - NEGLIGENCE PER 17. Paragraphs 1 through 16 hereof are incorporated by reference as if the same were more fully set forth at length herein. 18. The actions and conduct of the Defendant, as set forth in Count i, inc!udin9 but not limited to, Defendant s failure to comply with the provisions of the Pennsylvania Motor Vehicle Code re!atin~ to the operation of motor vehicles and his operatin~ a motor vehicle while under the influence of alcohol constitutes negligence per se. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Carlisle. PA 19. As~ result of the Defendant' ~91igence per se, the Defendant is liable for the injuries'and damages suffered by the Plaintiff arising out of the subject accident. ?~EREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COUNT III - PU~ITIV~ DAI~kGES -~-:~ 20. Paragraphs 1 through 19 hereof are incorporated by reference as if the same were more fully set forth at length herein. 21. The Defendant's conduct, as set forth herein, including but not limited to, operating a vehicle at approximately 72 miles per hour in a 35 mile per hour zone, and operating a vehicle while with a blood alcohol level of under the influence of alcohol .1690, constitutes outrageous conduct and a reckless indifference to the interest of others. 22. As a result of Defendant's outrageous conduct, his reckless indifference to the interes~ of others, and the serious injuries resulting to Plaintiff from said conduct, imposition of punitive damages is appropriate. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment agains: the Defendant, Estate of Daniel N. Thundu, in an amcun~ in excess of $25,000.00 ~!us c~sts, inserest, punitive SAIDIS S HUFF, FLOWER & LINDSAY W. High Street Carlisle. PA damages, att .eys fees and such furthel Celief as deems approprzate under the circumstances. the Court Respectfully sub,it ted, DATED: SAIDIS, Sh-JFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff -. ? ;; 7 SAIDIS SHUFF, FL0%VER & LINDSAY 26 W. Carlial~. PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false .sSatements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Rebecca A. Negley (J '~ ~ Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2002-00012 PA No. ESTATE OF ~HUNDU DANIEL N 21-02-00!2 Late of MONROE TOWNSHIP Deceased Social Security NO. 200-72-3161 WHEREAS, TMUNDU DA/qIEL N , late of CUMBERLAND COUNTY died on the i4th day of and WHEREAS, the Grant of letters of administration is required for the administration of the estate MONROE TOWNSHIP January __ 2000; THEREFORE, I, MARY 'C. LEWIS , Register.of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, have this day 9ranted Letters of Administration to TILEY STEPHEN D (LaSi', rl~S'l', mluJb~) who ha~ duly qualified as administrator(rix) ! of the estate of the above named decedent and has agreed to a~minister the estate according ~o law, all of which fully appears of record in my Office at CUMBERLAND COUNTy COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the 7th daYof January 2002. ~ Regi'suer of ~ills +*NOTE** ALI, NAMES ABO%rE APPEAR (I~ST, FIRST, MIDDLE) FREY & TILEY A~-~ORNEYS-AT-LAW $ SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPI~EN D. TIL~¥ ROBERT G. FREY TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 December 28, 2001 Mrs. Susan Thundu 31-~Ashbu'Pg 'Drive Mechanicsburg, PA 17055 Re: Estate of Daniel N. Thundu Dear Mrs. Thundu: Please accept my sympathies for the loss of your husband. I am sure that the Holidays and the upcoming anniversary of his death are very difficult times for you and my thoughts and prayers are with you. As you know, Rebecca Ann Negley has an automobile negligence action against Mr. Thundu's Estate. The altomey for Ms. Negley is Joseph L. Hitchings at the law firm of Saidis, Shuff, Flower & Lindsay here in Carlisle. In order to prosecute this legal action. Mr Hitchings has asked that I take out Letlers of Administration for your husband's estate Therefore, I have been hired to do this and have filed a Petition for Grant of Letters of Administration, which Mr. Hitchings prepared. I expect that Letters of Administration will shortly be issued to me. If for some reason you would prefer to administer your husband's estate I am sure that these proceedings could be reversed in your favor. On the other hand, assuming that you are satisfied to have me serve as Administrator, the Register of Wills Office has requested that you sign a renunciation form in favor of my being named as Administrator. Therefore, enclosed you will find that form and, if this is satisfactory to you, t ask that you sign it and return it to me in the enclosed envelope. On the assumption that I am going to administer your h,~sband's estate, I ask for certain information so that I can comply as best I can with legal requirements for administration· I am sure that Mr. Hitchings has already asked you these and possibly other questions but I am duty bound to make an investigation of the facts. First of ail, are you aware of any Will of your husband? If he had a Will then we need to file that with the Court. I assume that I have your name and address correct. Mr. Hitchings indicated that your husband has a minor daughter who lives with you. Kindly provide her name and birth date and confirm that she lives with you. Kindly also confirm that Daniel Thundu did not have any other children. Are you ewe:e of any assets in Mr. Daniel Thundu's name alone. Assets WhiCh he and you owned jointly as husband and wife automatically pass to you at his death and are irrelevant to administration of his estate. I do not need to know anything about joint assets: Probably most of your assets were held jointly. Items of personal property which you acquired together during the course of marriage, such as furniture, wi, probably be owned jointly. Items such as automobiles, bank accounts, and real estate are controlled by the.ir title. If they are titled or named in joint names as husband and wife then they are so owned and are not an asset for administration in the estate. ~lt'$. SttSatt Thttttdtt Re: Estate of Da.iel N. ~']ttt~tdtt December 28. 2001 Page 2 Frey & Tile)' On the ~ther hand, anything ti[ted or named in Mr. Thundu's name alone is an asset which must pass through the estate. Kindly advise as to any assets of the estate. Evidently, Rebecca Negley has a claim against the estat~.~'¢hich is likely to far exceed its assets and, therefore, there will be no net estate to distribute to you and your daughter. You should know, however, that your joint property, your separate property, aqd the assets of your daughter, are not subject to the claims against the estate regarding the automobile accident ~ · ,~f~'you aware of any other debts, whether paid or not, or claims against the estate? These would be debts in your husband's name alone, if you have a copy of the funera! biil. it would be convenient to receive that. Again, ultimately I expect that Mr Hitchings will prepare most of the documentation and do most of the work in connection with the administration of the estate and my primary function will be to oversee that work. Nevertheless, I appreciate you contacting me directly so that I can fulfill my duty to investigate the assets, liabilities, and heirs of the estate. Again, please accept my sympathies for the loss of your husband. SDT/tl Enclosures Sincerely yours, cc: Joseph L. Hitchings, Esquire RENUNCIATION In Re Estate of DANIEL N. THUNDU, deceased, To the Register of Wills of CUMBERLAND County, Pennsylvania. The undersigned SUSAN THUNDU, wife of' th¢.abov~_d...~cedent hereby renounce(s) the right to administer the estate and respectfully a~k(s) t~ of Administration~/ · be issued to STEPHEN D. TILEY · //7' '<,? "'~"/ / WITNESS her hand this day of ., 19 ~'" l'~'l'~'f'i'l:l-~'i SusanThundu (Sisnamre) 31 Ashburg Drive Mechanicsburg~ PA 17055 (Address) (Signalure) (Addr~O (Signature) (A.~r~) REBECCA A. NEGLEY, Plaintif£ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 v. : CIVIL ACTION - LAB/ : ESTATE OF DANIEL N. THUNDU,: JURY TRIAL DEMANDED : : ~c. Defendant : ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of Daniel N. Thundu and certify that I am authorized to do so. Date: Stephen D. Tiley, Esq. SAIDIS JFF, FLOWER LINDSAY W. High Street Carlisle, PA 1350 states his available resources in view of his lack of employrnent. Thus, this would result in a confiscatory and unfair order. He fur- ther argues it improperly converts assets into income. We observe that it is earning capacity and other financitd resources which are consid- ered in determining support, not just current actual earnings. See Blais~ire v. Blaisure, s*tpra (ability to pay support is determined primarily by the parent's financial resources and earning capacity). The actual calcula- tions utilized herein are supported by the record. Absent some showing by appellant that this method is erroneous, it must be upheld. See Dugery v. Dugery, 276 Pa. Su- per. 51, 419 A.2d 90 (1980) (court has power and duty to look beyond the actual earnings of the parties and consider the value and extent of their other financial resources). We therefore find the support order is sup- ported by the calculatidfls in the record and is not so large or unreasonable as to be confiscatory. See Fraakenfield v. Feeser, au- pm. Order affirmed. Pa. 686 ATL.~NTIC REPORTER, 2d SERIES ~' rained objections and dismissed complaint.. ~ Complainant appealed. The Superior Court, No. 8404 Philadelphia 1995, Del Sole, J., held that complainant was not entitled to amend r complaint to name personal representative of decedent's state as defendant after statute of -- limitations had run. Affwmed. Julius NELSON, Appellant, v. ESTATE of Jonatl~an MASSEY, Appellee. Superior Court of Pennsylvania. · Argubd Sept. 17, 1996. Filed Dec. 31, 1996. 1. Parties ~'95(6) Complainant was not entitled to amend . complaint to name personal representative of deeedent's estate, rather than estate itself, as defendant in action arising from automobile action, after statute of limitations had run, when complainant failed to offer evidence of fraud or concealment, complainant was ad. vised of decedent's death months before limi- tations period expired, decedent's estate had no duty to advise complainant of personal representative's name, and personal repre- sentative's identity was not concealed. 2. Executom and Administrators It was responsibility of complainant seeking to bring action against personal vel> resentative of deeedent's estate to inquire of register of wills in county of decedent'a resi- dence to determine if personal representative had been appointed, and, if inquiry led him to believe that no administrator had been al> pginted, to take action to have such person appointed in timely manner. 3. Executors and Administrators ~=q20 Action cannot be .m~!r]tained. }gain~.t..: de- cedent's estate. Joan Atlas, Philadelphia, for appellant. Michael Saltzburg, Philadelphia, for appel- lee. Complainant ~ed action arising out of automobile accident against decedent's es- tate. Estate ~ed preliminary objections, and complainant moved for leave to amend complaint to substitute personal represents- tive as defendant. The Court of Common Pleas, Philadelphia County, Civil Division, N9. 3584 March Term 1995, Maler, J., sus- Before DEL SOLE, BECK and_ POPOVICH, JJ. ' DEL SOLE, Judge: This is an appeal from a trial court order granting Appellee's preliminary objections and striking Appellant's Complaint which was filed against the "Estate of Jonathan ........~.. '* NELSON v. ESTATE OF MASSEY Pa. 1351 Massey," rather than the personal represen- 176 (1995), anc~ Finn v. Duga~, 260 Fa. Sm tative of the decedent's estate. We affn'm, per. 367, 394 A.2d 595 (1976). · l On December 9, 1992, Appellant was in- Our reading of these cases cau'ses us to in an automobile accident ~qth John- conclude that they do not support Appellant's than Massey, who was insured by State position, but rather confirm the act/on taken Irises. fence Company. Appellant and by the trial court. In Myers, this court Farm so'~'h~ to resolve matters affirmed a trial court's order sustaining pre- through a non binding Alternate Dispute limina~2~ objections and dismissing a com- Resolution, but a settlement was not realized, plaint filed against the estate of a decedent. ~: Appellant then filed suit against Jonathan This court upheld the trial com'c's dec~sion Massey in August of 1994, however unbe- which found that the estate of the decedent kno~-nst to Appellant, Mr. Massey had died a~ was not a proper party-defendant. We went few months earl/er on May 3, 1994. Counsel on to held that even where an estate has not for Farm advised Appellant of Mr. been raised and no personal representative death in January of 1995. As a appointed, the plaintiffs remedy is to secure result of obtaining this information, Appel- the appointment of a personal representative lent discontinued his action and on Murch 30, by applying to the Register of Wills for the 1995 filed the Complaint at issue against the issuance of letters testamentary or letters of Estate of Jonathan Massey. In June, Appel- administration. In support of its ruling this lee filed preliminary objections. Appellant court in Myers cited to Fi~n v. Du£an, answered and filed a motion for leave to pta. In Finn it was also held that "all amend the complaint to substitute the per- actions that._ sumS~e .a decedent must be sonal representative as the defendant. The brought by or aqa~nst a personal representa- court issued an order in August, sustaining th'e." Finn v. Duga~, 260 Pa. Super. at 369, the preliminary objections and dismissing the 394 A.2d at 596 This court in Fb~n noted Complaint. that there was no active concealment of the personal representative shown and that it Appellant acknowledges that because of was the plaintiffs responsibility to have pro- the decedent's death the Statute of Limita- cured the appointment of an administrator if tions was extended for ,one year from his one had not been appointed. This court death, to May 3, 1995. Although the secoud ruled that an amendment to the Complaint to action filed by Appellant was ~xqthin this time later name the administrator could not be ' period, it named as a defendant, the estate made since the statute of limitations had run. rather than the personal representative. The trial court found that because an action [2] Likewise in this case, despite Appel- cannot be had against an estate but must be lant's claims, he has offered nothing which made against a personal representative, Ap- would suggest fraud or concealment. Appel- pellant's complaint had to be dismissed, lee advised Appellant of the decedent's death months before the statute of limitations [1] Appellant argues that Appellee en- would have expired. Appellee had no duty to gaged in fl'aud by not providing him with advise Appellant of the name of the personal timely notice of the decedent's death and representative and there is no claim made failing to disclose the identity of the adminis- which would suggest that the identity of this trator who resided in Ohio. Therefore, he individual was concealed. Although it was was unable to file a timely Complaint naming later determined that the estate was raised the administrator rather than the--estate, in Ohio, the decedent was a resident of Phila- Appellant asserts that his failure to name a delphia and it was Appellant's respens~ility per~onal representative is a defect which to inquire of the Register of Wills of Phila- may be corrected by amendment, and the delphia County to determine ff a personal ~al court erred in not permitting him to representative had been appointed. If such ~,~-ko such action. In support of his position inquiry lead him to believe that no adminis- Appellant cites to two cases, Myers v. The trator had been appointed, Appellant should ~,.~,.r,~,stat~ofWilks, 440 Pa. Super. 176, 655 A.2d have taken action to have such a person 1352 Pa. ,;86 ATLANTIC REPORTER,' 2d SERIES appointed in a timely manner. See Myers v. Estate of Wilks, supra, and Finn v. Dugan, supra [3] Because Appellant failed to act in 'a timely manner to amend his Complaint to name an administrator instead of the estate and because an action cannot be maintained against an estate, the trial court was correct in granting Appellee's Preliminary Objec- tions and dismissing Appellant's complaint. Order Affirmed. 1. Contempt ~63(1) In contempt proceeding, final order is order which finds respondent in contempt and imposes sanctions. 2. Divorce q~280 Part/al contempt order which found hus- band partially in contempt of divorce decree incorpo~ting property settlement, but which did not impose sanctions, was not final, ap- pealable order. 3. Husband and Wife ~='281 As a general rule, posttrial motions may not be filed fi'om claim invoMng enforcement of marital agreements. Rules Civ. Proc., Rule 1920.52, 42 Pa.C.S.A. Jennifer Lynn DRISSEL, Appellant, David W. DRISSEL, Jr., Appellee. Superior Court of Pennsylvania. Submitted Sept. 17, 1996. Filed Dec. 31, 1996. Wi/e filed petition for contempt against husband for violation of property settlement agreement entered into as part of divorce decree. The Court of Common Pleas, Mont- gomery County, Civil DMsion No. 93-03708, Subers, J., found husband partially in con- tempt and dismissed husband's exceptions and wife's cross exceptions. Both parties appealed. The Superior Corn% No. 442 Phil- adelphia 1996, Del Sole, J., held that partial contempt order in divorce action was not final, appealable order. Appeal quashed. I. The lower court opinion incorrectly z-uggestz that the parties should have appealed to this courl [mm the May 1995 Partial Contempt Or- der. However, that Order, which did not impose ~nctlo~s against Husband, was not a final order Timothy O. Nolen, Blue Bell, for appellant. Lawrence F. Flick, Non'istown, for appel- lee. Before DEL SOLE, BECK and POPOVICH, JJ. DEL SOLE, Judge: [1,2] Husband David W. Driasel and Wife Jennifer LTnn Drissel were divorced in May 1994. The divorce decree incerporated by reference a property settlement exeruted by the parties in March 1994. Subsequently, Wife filed a Petition for Contempt for Viola- tion of the Property Settlement Agreement. Following a hearing, Husband was found partially in contempt in May 1995, however, sanctions were not imposed. Husband fried "Exceptions" to the May 1995 Order and Wife filed "Cress Exceptions." The exeep- tions and cross-exeeptlons were dismissed on January ~, 1996 pursuant to Pennsylvania Rule of CM/Procedure 1920.62, 42 Pa.C.S.t Husband filed an appeal to this court from the Janua.~, 1996 Order dismissing the ex- ceptions and cross-exceptions and Wife fried a cross-appeal. In an interesting t~ist of events, both Husband and Wife now concede that the trial court properly dismissed their and therefore not appealable, la a contempt proceeding, the final order is the order which finds the respondent in contempt and imposes sanctions. $onder v. $onder, 378 Pa. Super. 474, 549 A.2d 155 (1988). 02HB-00008 ~ · LAW OFFICES OF JACOBS & SABA - .-C~214 Senate Avenue, Suite $05 · Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, PLAIN'I'I~'F VS. ESTATE OF DANIEL N. Tmm~v, DEFENDANT IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUlVrY, PENNSYLVANIA No. 02-104 CWIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of tho.attached Preliminary Objections of Defendant to Plaintiff's Complaint to be served by regular first class mail upon: Date: Janua 31 2002 Joseph L. Hitchings, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 1~~ Donald R. Doter, Esquire Attorney for Defendant 02HB-00008 ' ' ,~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rm~ECCA A. NEGLEY, PLAIIN'I'IFF VS. S'r~a-~m~ D. THEY, PERSONAL ]~I~PRESENTA'llVE AND ADMINISTRATOR OF THE ESTATE OF DAI~,~:,. N. THtrNOU, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CIV~ T~RM CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Amended Complaint with New Matter of Defendant to be served by regular first class mail upon: Date: Feb 21 2002 Joseph L. Hitchings, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 l~o~'a~d R. Dorer, Esquire Attorney for Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff V. ESTATE OF DANIEL N. THUNDU Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : : REPLY TO NEW MA TTER AND NOW, comes Plaintiff, Rebecca A. Negley, by and through her undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and replies to Defendant's New Matter as follows: New Matter 28. Paragraphs 1-27 of Plaintiffs Complaint are incorporated herein by reference as if the same were more fully set forth at length herein. 29. The averments in Paragraph 29 constitute conclusions of law to which no responsive pleading is required. 30. The averments in Paragraph 30 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments of Paragraph 30 are deemed factual in nature, it is specifically denied that the claims of the Plaintiff are barred pursuant to the applicable Statute of Limitations, as the Complaint was filed prior to the expiration of the Statute of Limitations, 42 Pa.C.S.A. {}5524, and the Amended Complaint which was filed in this matter was filed as of course, pursuant to Pa. R.C.P. 1028(c)(1). The Amended Complaint was filed as a means to correct the caption so that it reflected the personal representative and administrator of the Estate of Daniel N. Thundu, Stephen D. Tiley, who had been SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA served with the original Complaint and had been aware of and participating in the litigation prior to the expiration of the Statute of Limitations. WHEREFORE, Plaintiff, Rebecca A. Negley, respectfully demands judgment in her favor as set forth in her Amended Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY DATED:~~ ~,5' ~ J~seph L. Hitchir~g~s, EsqUire Attorney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Rebecca A.~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this~.4~day of /~r.~ ,2002, I, Joseph L. Hitchings, Esquire hereby certify that I served a true and correct copy of the foregoing Reply to New Matter upon the following via United States Mail, postage prepaid, addressed as follows: Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Ave. Suite 503 Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY Joseph L. Hitchings, Esquirc~,J Attorney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 02I-IB-00008 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY~ PLAINTIFF VS. STEPHEN D. TILEY, PERSONAL ]2~PRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DANIEL N. Tmn~u, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 Cw~ TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS TO REQUEST FOR ADMISSIONS OF PLAINTIFF, REBECCA A. NEGLEY, ADDRES~qED TO DEFENDANT Respectfully submitted, L^w oF 4egBs BY:~°//nald P,. Doter, Esquire Attorney for Defendant Identification No. 39126 Date: August 1, 2002 SAIDIS SI-ID-fi, FLOWER & LINDSAY ATrOR/~YS*ATsLAW 26 W. High Street Carlisle, PA o The lawsuit docketed to the above term and number arises out of a motor vehicle collision involving the Plaintiff and Daniel N. Thundu which occurred on January 14, 2000 on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. Admit / Deny. As a result of the motor vehicle collision of January 14, 2000, Daniel N. Thundu died immediately or within a short period thereafter. Admit Deny Upon investigation, counsel for the Plaintiff determined that an estate had not been raised on behalf of Daniel N. Thundu as of October, 2001. On October 29, 2001, counsel for the Plaintiff wrote to MargaretDriscoll of Nationwide Insurance Company requesting that their insured provide a certified copy of the death certificate for Daniel N. Thundu. A true and correct copy of the letter of October SAIDIS SHUFF, FLOWER & LINDSAY ATroRI~*AT*LAW 26 W. High Street Carliale, PA o o 29, 2001, is attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth at length. Admit Deny By letter dated November 13, 2001, Margaret Driscoll of Nationwide Mutual Insurance Company advised counsel for the Plaintiff that Nationwide cannot comply with the request for a certified copy of Daniel Thundu's death certificate. A true and correct of the November 13, 2001, letter is attached hereto as Exhibit "B" and incorporated by reference as if more fully set forth at length herein. ~dm±t Deny During the fall of 2001, counsel for the Plaintiff engaged Stephen D. Tiley, Esquire of Carlisle to take the appropriate steps to open an estate on behalf of Daniel N. Thundu, and a Petition for Grant of Letters SAIDIS SHUFF, FLOWER & LINDSAY ATrOI~YS*AT.LAW 26 W. High Street Carlisle, PA o of Administration was filed with the Cumberland County Register of Wills Office on or about December 21, 2001. Admit Deny On December 27, 2001, counsel for Plaintiff sent a letter to Margaret Driscoll of Nationwide Mutual Insurance Company advising her of the filing of the Petition for Grant of Letters of Administration on December 21, 2001. A true and correct copy of the December 27, 2001, letter is attached hereto as Exhibit "C" and incorporated by reference as if more fully set forth at length herein. Admit Deny. By letter dated December 28, 2001, Stephen D. Tiley, Esquire, advised Susan Thundu, the widow of Daniel N. Thundu, that he has been asked to serve as Administrator of her deceased husband's estate and further requested information from her so that he could comply with the legal requirements for administration of the estate. A true and correct copy of the SAIDIS SHUFF, FLOWER & LINDSAY A~TORI~Y~*AT*LAW 26 W. Hlsh Street Carlisle, PA December 28, 2001, letter is attached hereto as Exhibit "D" and incorporated by reference as if more fully set forth at length herein. Admit Deny On January 3, 2002, Susan Thundu, widow of Daniel N. Thundu executed a Renunication of the right to administer the estate and asked that Letters of Administration be issued to Stephen D. Tiley. This Renunication was filed with the Cumberland County Register of Wills Office on January 4, 2002. A true and correct copy of the Renunciation is attached hereto as Exhibit "E" and incorporated by reference as if more fully set forth at length herein. / Admit Deny. On January 7, 2002, Letters of Administration were issued to Stephen D. Tiley, Esquire, on behalf of Daniel N. Thundu. / Admit Deny. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. 11. The pending lawsuit was commenced by the filing of a Complaint with this Court on January 8, 2002, under the caption of Rebecca A. Negley, Plaintiff versus the Estate of Daniel N. Thundu, Defendant and was served upon Stephen D. Tiley, Esquire, by letter from counsel for the Plaintiff dated January 9, 2002, which included an Acceptance o~ Service form. / Admit Deny The Acceptance of Service form was signed by Stephen D. Tiley, Esquire, and dated January 10, 2002, and provides as follows: "I accept service of the Complaint in the above-captioned action on behalf of the Estate of Daniel N. Thundu and certify that I am authorized to do so." The Acceptance of Service was filed with the Cumberland County ?rothonotary's Office on January 22, 2002. A true and correct copy of the Acceptance of Service is attached hereto as Exhibit "F" and SAIDIS SHUFF, FLOWER & LINDSAY ATYORI~YSsATsLAW 26 W. High SWeet Carlisle, PA 12. 13. incorporated by reference as if more fully set forth at length herein. Admit Deny On or about January 31, 2002, counsel for the Defendant filed Preliminary Objections to the Complaint requesting that the Complaint be stricken and/or dismissed for lack of conformity to law as a result of the action naming the estate as Defendant. Admit Deny On February 8, 2002, the Plaintiff filed an Amended Complaint, as of course, pursuant to Pa.R.C.P. 1028 (c) (1) under the caption Rebecca A. Negley, Plaintiff versus Stephen D.Tiley, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Defendant. ~dm±~ Deny 02HB-00008 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 .Attorney's for Defendant I~RE¢¢A A. NECLE¥, PLAINTIFF VS. STEPHEN D. TILEY, PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DANIEL N. THUNDU, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CIVIL TERM CIVIL ACTION = LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Answers to Request for Admissions of Plaintiff, Rebecca A. Ne~lev. Addressed to Defendant to be served by regular first class mail upon: - Date:~ Joseph L. Hitchings, Esquire Saidis, Shuff, Plower & Lindsay 26 West High Street Carlisle, PA 17,0,~.~ Donald~ Doter, Esquire Attorney for Defendant 02HB-00008 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ease No.: 02-104 Civil Term Rebecca A. Negley, Plaintiff vs. IURY TRIAL DEMANDED Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Defendant MOTION FOR SUMMARY JUDGMENT OF DEFENDANT, STEPHEN D. WILEY, ESQUIRE, PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DANIEL N. THUNDU, IDEFENDANT AND NOW, comes the Defendant, Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Defendant, by and through counsel, Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylwmia, who, in support of this Motion, respectfully state as follows: This lawsuit was commenced by the filing of a Complaint captioned "Rebecca A. Negley, Plaintiff vs. Estate of Daniel N. Thundu, Defendant" at the above term and number on or about January 8, 2002, with a tree and correct copy of this Complaint being attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth herein. An Acceptance of Service form was executed by Stephen D. Tiley, Esquire on January 10, 2002, with a tree and correct copy of the executed Acceptance of Service form being attached hereto as Exhibit "B" and incorporated by reference as if more fully set forth herein. o Defendant filed Preliminary Objections of Defendant to Plaintiff's Complaint on February 1, 2002, with a true and correct copy (less attached exhibits) attached hereto as Exhibit "C", and incorporated by reference as if more fully set forth herein. Thereafter, Plaintiff filed Amended Complaint on February 8, 2002, with a true and correct copy being attached hereto as Exhibit "D" and incorporated herein by reference as if more fully set forth herein. In pertinent part, and as relevant to the within Motion, Plaintiff's Amended Complaint alleges as follows: Daniel N. Thundu died as a result of injuries suffered in the subject accident on January 14, 2002. Atler Mr. Thundu's death, no estate was opened by his relatives or heirs, so Plaintiff's counsel made arrangements for Stephen D. Tiley, Esquire to serve as Administrator of Mr. Thundu's estate, and a Petition for Letters of Administration was filed with the Cumberland County Register of Wills office. o Letters of Administration for the Estate of Daniel N. Thundu were issued to Stephen D. Tiley, Esquire, by the Register of Wills of Cumberland County on January 7, 2002. A true and correct copy of the Certificate of Grant of Letters is attached hereto, incorporated herein and marked as Exhibit "A". o Stephen D. Tiley, is an attorney and member of the Cumberland County Bar, and has a professional address of 5 S. Hanover St., Carlisle, PA 17013. Stephen D. Tiley, Esquire as personal representative and administrator of the Estate of Daniel N. Thundu accepted service of the original Complaint in this matter on January 10, 2002 a true and correct copy of Acceptance of Service is attached hereto incorporated herein and. marked as Exhibit "B".8. The Acceptance of Service,' form executed by Mr. Tiley stated that he was authorized to accept service, and was filed with this Court on January 22, 2002. The relevant factual procedural background ofth/s matter as pertinent and relevant to the within Motion is as set forth in Plaintiff's Answers to Request for Admissions of Defendant, Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Addressed to the Plaintiff, attached hereto as Exhibit "E", incorporated by reference as if more fully set forth herein. o The claims of the Plaintiff are ban'ed pursuant to the applicable Statute of Limitations 42 Pa.C.S.A. §5524 insofar as the Plaintiff failed to properly initiate a lawsuit against Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu until the Amended Complaint was filed with this Honorable Court on or about February 8, 2002 in response to Preliminary Objections of the Defendant to Plaintiff's Complaint beyond the expiration of the applicable Statute of Limitations date of January 14, 2002. WHEREFORE, for the foregoing reasons, the Defendant, Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu, seeks the granting of the within Motion for Summary Judgment pursuant to Pa.R.C.P. § 1035, and this Honorable Court is respectfully requested to issue a Rule upon Plaintiff to show cause why, if any she may have, as to why the within Motion for Summary Judgment should not be granted, and judgment entered in favor of the Defendant. Respectfully submitted, LAW £ By:/ At Identification No. 39126 mey for Defendant Date: February 4, 2003 SAIDIS HUFF, FLOWER & LINDSAY {'7'fOR.N~ySoAT'L{W W. High Street Carlisle, PA REBECCA .A. NE,~-.EY, Plaintiff Vo ESTATE OF DANIEL N. THUNDU, Defendant : iN THE COU~ OF 'COM~[ON PLEAS : CUMBERLAL~D _OUNTY, PENi~SYLVANIA : : NO.: : CIVIL ACTION- I~W : : d-gRY TRIAL DEMh_NDED NOTICE TO DEFE~ 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 LA~ER AT ONCE. IF YOU DO NOT 5LAVE A .LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FI~D O~F ~ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 SAiD!S, SR~FF, FLOWER & LINDSAY /0seph L. HitcJin~s, ~s_qui~e Suo~=m~ Cour~ I D ~ 6~55! 26 West High Street Carlisle, PA 17013 (7!7) 243-6222 Actorney fcr Plaintiff SAIDIS lUFF, FLOWER & LINDSAY :fi W. High Street C.~rli$1e, PA REBECCA A. NEGLEY, Plaintiff V. : IL' THE COURT OF CO~hMON PLEAS : Cb%!BERLiMNID COUNTY, PENNSYLVANIA : : NO.: : CIVIL ACTION - I~W : ESTATE OF DA-NIEL N. THUN~DU, : J~oP, Y TRIA_L : Defendant : COMPLAINT ~x~ NOW, comes the Plaintiff, Rebecca A. Neg!ey, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of her Complaint against the Defendant as follows: 1. Plaintiff, Rebecca A. Neg!ey, is an adult individual reszd_,~g at 21 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Daniel N. Thundu, at tko tim,_= of the subject accident, was an adult individual residing at 1602 West .......... _, C .... =-_and County, Pennsylvania i70~5. 3. Defendant, Daniel N. Thundu, died as a result of injuries ~==~=' in .~= subject , SU_~__~ t.._ accident and as such ~is Estate has been named ~= t~ ,~-----~--nt in ..... ~ this action. 4. On Friday, Ja---uarl; 14, 2000, at approximately !1:00 n.m., Plaintiff was ome~=~- ~ --~$ Honda Accord, Pe---nss'i"a---la Re=i-tra.-_ion xu.-.i~er K'<Z-~77 in a.. eastbound SAIDIS ;HUFF, FLOWER & LINDSAY A'l'l'O RN'~$o AT oLA W 26 W. Hi~h Street Carlisle, PA direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 5. At Said time and place, Defendant Daniel N. Thundu was operating a 1996 Volkswagen GTI VR6 with Pennsylvania Registration number BZD-3581, in an westbound direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 6. Lisburn Road is a two lane state road with one lane of travel in each direction with a posted speed limit at the place in question of 35 miles per hour. 7. At said time and place, the vehicle being operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediately in front of the vehicle driven by Plaintiff, causing the vehicles to collide. COUNT I - ~GLIGENCE 8. Paragraphs ! through 7 hereof are incorporated by reference as if the same were more fully set forth at length herein. 9. The collision of the Defendant's vehicle with the Plaintiff's vehicle was a direct and proximate result of the careless and negligent conduct cf the Defendant, including bun non !imi~ed to: a) o~era~ing a vehicle in a reckless manner; SAIDIS FLOWER LINDSAY ~TTORNEY$ oAToLA~ !6 W. High SB'eet Carlisle. PA b) fal±ing to maintain a proper lookout; c) failing to have his vehicle under proper control; d) failing to stop his vehicle before colliding with the vehicle being operated by Plaintiff; e) traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; f) failing to stay in his lane of travel; crossing over and into the lane of travel of Plaintiff's vehicle; h) operating a vehicle while under the influence of alcohol tc the extent that he was unable to safely operate said vehicle; i) operating a vehicle while his blood a!choi level was .1690 and in excess of the legal blood alcohol limit; and j) failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they _ relate to the aforesaid acts of = ] n~g_igence. i$. As a direct and proximate result of the careless and negligent conduct of Defendant, Plaintiff sustained the fo!!owin~ injuries an.i/or aggravanions of pre-existing ~~-=~.--, so~e or ~=m of wn-~- may be permalenE: SAIDIS FLOWER LINDSAY 26 W. Hi~ Street Carlisle, PA a). bL '%en right hand; b) fractured right ankle; c) fractured cheekbone; d) laceration to the back of the head; e) various cuts, contusions and bruising to her legs, torso and face; f) neck and back pain; g) loosened lower left molar; h) general pain and suffering. 1!. Plaintiff suffered numerous cuts and abrasions to her legs which have resulted in permanent, visible scars on both legs. 12. As a direct and proximate result of the careless and negligent conduct of the Defendant, Plaintiff also suffered psychiatric injuries, some or all of which may be permanent, including but not limited to emotional trauma, a~iety attacks and pos5-traumatic stress disorder. 13. As a result of the accident and injuries suffered therein, Plaintiff was unable to attend college classes and was unable to work, resulting in a loss of wages. !4. As a result of the accident and -n3u .... sustained nker_in D]a f , ~- z ......... s e_~_ sericu, s and permanent inju~f wki~ ..... ~=~ treatment for whisk s~e kas ..... =artec medical SAIDIS ~rUFF, FLOWER .~ LINDSAY 6 W. High Carlisle, PA bills and exp=nses and may require fu. rtP&r medical and psychiatric treatment in the future. 15. As a result of the accident and injuries sustained therein, Plaintiff has suffered an interruption of her daily' habits and pursuits to her detriment and loss. 16. All injuries and damages as set forth herein, suffered by Plaintiff, Rebecca A. Negley were proximately caused by the negligence of Daniel N. Thundu. W~2EREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COUNT II - AIEGLIGENCE PER SE 17. Paragraphs 1 through 16 hereof are incorporated by reference as if the same were more fully set forth at length herein. 18. The actions and conducn of the Defendant, as set fornh in Count i, including but not limited to, Defendant's failure to comply With the provisions of the Pennsylvania. ~Iotor Vehicle Code relating to the operation of motor vehicles and his operating a motor vehicle while under the influence cf alcohol constitutes negligence per se. SAIDIS HUFF, FLOWER & LINDSAY A~/'ORNEY~sAT*LAW 25 W. High Street Carlisle, PA 19. As result of the Defendant' ~egligence per se, the Defendant is liable for the injuries and damages suffered by the Plaintiff arising out of the subject accident. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant, Estate of Daniel N. Thundu, in an amount in excess of $25,000.00 plus costs and interest. COUNT III - PUNITIVE DA24AGES 20. Paragraphs 1 through 19 hereof are incorporated by reference as if the same were more fully set forth at length herein. 21. The Defendant's conduct, as set forth herein, including but not limited to, operating a vehicle at approximately 72 miles per hour in a 35 mile per hour zone, and operating a vehicle while under the influence of alcohol with a blood alcohol level of .1690, constitutes outrageous conduct and a reckless indifference to the interest of others. 22. As a result of Defendant's outrageous conduct, his reckless indifference to the interest of others, and the serious injuries resulting to Plaintiff from said conduct, tke . __ a~_op,__te. imposition of punitive damages ~= .... ~ WHEKEFOKE, Plaintiff, Kebecca A. Negiey, demands judgmen~ agains5 nke Defendann, Estate of Daniel N. Thundu, in an amcun5 in excess of c2~ 000 00 ~!us costs, ~=~=st punitive SAIDI$ ~q3FF, FLOWER LINDSAY w. High Street Carlisle, PA damages,' att' heys fees and such furt'he_ relief as the Court deems appropriate under the circumstances. Respectfully submitted, SAIDIS, Sh-JFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 7 SAIDIS HUFF, FLOWER & LINDSAY 26 W. Hi.gh Su'eet Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATED: Rebecca A. Negley ~ "~ ~ 5AIDIS FLOWER LINDSAY RN~Y$.AToLAW ¥'. High Street arlisle, PA REBECCA A. NEGLEY, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 02-104 : CIVIL ACTIC.)N - LAW : ESTATE OF DANIEL N. THUNDU,: IURY TRIAL DEMANDED : Defendant : ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of DanieI N. Thundu and cerl:ify that Iarn authorized to do so. Date: Stephen D. Tiley, Esq. 02HB-O0008 LAW OFFICES OF JACOBS & SABA 21_4 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, VS. ESTATE OF DANIEL N. ~u, DEFENDANT IN THE COI~T OF COMMON PLEAS CUMBEreD COUNTY, PENNSYL~.V .A~,. : , No. 02-104 CML TERM CML ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by and through its counsel, Donald R. Dorer, Esquire, Jacobs & Saba, who respectfully states and supports all these preliminary objections as follows: 1. This lawsuit, arising out of a tragic motor vehicle collision on January 14, 2000 in Upper Allen Township, Cumberland County, Pennsylvania, was commenced by the filing of a Complaint with this Honorable Court on or about January 8, 200:2. A true and correct copy of said Complaint is attached hereto as Exhibit "A". 2. The only allegations in the Complaint identifying the Defendant are as set forth in paragraphs 2 and 3 as follows: Daniel N. Thundu, at the time of the subject accident, was an adult individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant, Daniel N. Thundu, died as a result of injuries suffered in the subject accident, and as such his Estate has been named as the Defendant in this action.. 3. The case is captioned: "Rebecca A. Negley, Plaintiffv. Estate of Daniel N. Thundu, Defendant", and no where in either the caption, or body,, of the Complaint is the identification of the personal representative of the Estate set forth. 4. Letters of Administration were issued to Steven D. Tiley, Esquire by this Honorable Court on or about January 7, 2002, with a true and correct copy of said Letters of Administration attached hereto as Exhibit "B". - ~_" -~ .... 5. Counsel for the Defendant herein believes and thus avers that Steven D. Tiley, Esquire, and as personal representative of the Estate of Daniel N. Thundu, was indeed requested by counsel for the Plaintiffto take out Letters of Administration as per a copy of enclosed correspondence from Steven D. Tiley, Esquire to Mrs. Susan Thundu dated December 28, 2001, enclosed herewith as Exhibit "C". 6. Steven D. Tiley, Esquire executed an "Acceptance of Service" %..on behalf of the Estate 0f ~'aniel N. Thundu..." on January 10, 2002, with a true and correct copy of said Acceptance of Service being attached hereto as Exhibit "D". 7. As a civil action cannot be had against an Estate, but rather must be made against the personal representative thereof, the Defendant respectfully prays this Honorable Court to strike and dismiss Plaintiff's Complaint pursuant to Nelson vs. Estate of Jonathan Massey, 455 Pa. Super 71,686 A.2d 1350 (1996), with a true and correct copy of said case attached hereto as Exhibit "E". WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to strike and/or dismiss Plaintiff's Complaint for lack of conformity to law. Respectfully submitted, fi s oF JXCC,Ss & s/ X / Identification No. 39126 Date: Janua~ 31, 2002 SAIDIS UFF, FLOWER ~ LINDSAY ~eAT*LAW i W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff V. STEPHEN D. TILEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-].04 CIVIL ACTION - LAW Personal Representative and : Administrator of the : ESTATE OF DANIEL N. THUNDU, : JURY TRIAL DEMANDED : Defendant : NOTICE TO DEFEND HELP. You have been sued in court, if you wish to defend against the claims set forth in the fcilowing pages, you must take action within twenty (20) days afmer this Amended 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 ~o the claims set forth against you. You are warned that if you fail tc do so the case may proceed without you and a judgment may be entered against you by the court without further notice fo~ any' money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE =Hz OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 2 Liberty Avenue ~rlisle,~- PA ~/~-~'1.3 1-800-99C-9108 SAID!S, SHUFF, FLOWER & LINDSAY S~reme Court i.D. ~ 6~51 26 West High Street Carlisle, PA 17013 {717) 243-6222 Aztorney for Plaintiff SAIDIS {UFF, FLOWER gt LINDSAY .TTORNEYSsATsLAW W. High Street Carlisle, PA REBECCA A. NEGLEY, Plaintiff V. STEPHEN D. TILEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 02-104 : CIVIL ACTION - LAW Personal Representative and : Administrator of the : ESTATE OF DANIEL N. THUNDU, : JURY TRIAL DEMANDED Defendant : AMENDED COMPLAINT AND NOW, comes the Plaintiff, Rebecca A. Neg!ey, by and ~hrough her attorneys, Saidis, Shuff, Flower & Lindsay, and files nkis .~ended Complaint, as of course, pursuann to Pa.R.C.P. 1028(c) (1)and avers in support thereof as follows: 1. Plainniff, Rebecca A. Negley, is an adult individual residing at 21 Wes~ Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Daniel N. Thundu, a~ the time of the subject accident, was an adui~ individual residing at 1602 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Daniel N. Thundu died as a result of injuries suffered in the subject accident on Jan. uary 14, 2002. 4. After Mr. Thundu's death, no estate was opened by his re!snives or heirs, so Plaintiff's counsel made arrangements for Stephen D. Tiley, Esquire to serve as SAIDIS 3FF, FLOWER : LINDSAY TORNEY$.AT*LAW , W. High Street Carlisle, PA Administrator of Mr. Thundu's estate, and a Petition for Letters of Administration was filed with the Cumberland County Register of Wills Office. 5. Letters of Administration for the Estate of Daniel N. Thundu were issued to Stephen D. Tiley, Esquire, by the Register of Wills of Cumberland County on January 7, 2002. A true and correct copy of the Certificate of Grant of Letters is attached hereto, incorporated herein and marked as Exhibit 6. Stephen D. Ti!ey is an attorn, ey and member of the Cumberland County Bar, and has a professional address of 5 S. Hanover St., Carlisle, PA 17013. 7. Stephen D. Tiley, Esquire as personal representative and adminisSraEor of the Estate of Daniel N. Thundu accepted service of the original ComplainE in this matter on January 10, 2002 a true and'correct copy of Acceptance of Service is attached hereto incorporaSed herein and marked as Exhibit "B". 8. The Acceptance of Service form execu5ed by Mr. Tiley stated that he was authorized to accept service, and was filed with this Court on January 22, 2002. 9. On Friday, January 14, 2900, at approximately !1:00 p.m., Plaintiff was operating a 1998 Honda Accord, Pennsylvania Registration number BXZ-577, in an eastbound SAIDIS JFF, FLOWER '. LINDSAY 'T~RNEYS.AT.LAW W. High Street Carlisle, PA direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 10. At said time and place, Defendant Daniel N. Thundu was operating a 1996 Volkswagen GTI VR6 with Pennsylvania Registration number BZD-358!, in an westbound direction on Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. 1!. LisbUrn Road is a Two lane state road with one lane of travel in each direction with a post:ed speed limit at the place in question of 35 miles per hour. 12. At said time and place, the vehicle being operated by Daniel N. Thundu, crossed the centerline into the eastbound lane of travel immediazely in front of the vehicle driven by Plaintiff, causing the vehicles to collide. COUNT I - NEGLIGENCE 13. Paragraphs ! through 12 hereof are incorporated by reference as if the same were more fully set forth at length herein. 14. The collision of zhe Defendant's vehicle with the Plaintiff's vehicle was a a__=c~ _.. proximate resu!~ of the careless and negligent conduct of the Defendant, including but not limi5ed to: a) operating a vehicle in a reckless manner; SAIDIS UFF, FLOWER t LINDSAY 'I'URNEYS,AT,LAW ~W. High Street Carlisle. PA b) failing to maintain a proper lookout; c) failing to have his vehicle under proper control; d) failing to ssop his vehicle before colliding with the vehicle being operated by Plaintiff; e) traveling at an excessive rate of speed, 75 miles per hour in a 35 mile per hour zone; f) fail'nc to sSav in his lane of travel; g) crossing over and into 5he lane of ~ravel of Plaintiff's vehicle; h) operaSing a vehicle while under the influence of alcohol to the extent 5hat he was unable to safely operase said vehicle; i) operating a vehicle while his blood alchol level was .1690 and in excess of %he legal blood alcohol limit; and j) failing t0 comply with %he provisions of the Pennsylvania Motor Vehicle Code relating to the oueration of motor vehicles, specifically as ~hey relate to the aforesaid acts of negligence. 15. As a direct and proximate result of the careless and neg!igen5 conduct of Defendant, Plaintiff sustained the following injuries, aggravations of pre-existing conditions, or symptcms, some or all of which may be permanent: SAIDIS ~UFF, FLOWER ~ LINDSAY '~I'ORNEYSsATst. AW W. High Street Carlisle, PA a) b) c) d) e) h) fractured right hand; fractured right ankle; fractured cheekbone; laceration to the back of the head; various cuts, contusions and bruising to her legs, torso and face; injury to the neck and back resulting in neck and back pain; loosened lower left molar; general pain and suffering. Plaintiff suffered numerous cuts and abrasions to her legs which have resu!ned in permanent, visible scars on both legs. 17. As a direct and proximaEe result of the careless and negligen~ conduct of the Defendanz, Plaintiff also suffered psychiazric in=uries, some or all of which may be permanent, including but not limited ~o emotional trauma, anxiety attacks and posz-nraumazic stress disorder. As a result of the acci~ ~nt and injuries suffered ~herein, Plaintiff was unable to aztend college classes and was unable to work, resulting in a loss of earning capacity. 19. As a result of the accident and injuries sustained therein, P!aint~ff has suffered serious and permanent injury SAIDIS UFF, FLOWER ~ LINDSAY W. High Street Carlisle, PA which required treatment for which she has incurred medical bills and expenses and may require fur~zher medical and psychiatric treatment in the future. 20. As a result of the accident and injuries sustained therein, Plaintiff has suffered an interruption of her daily habits and pursuits to her detriment and loss of enjoyment of life. 21. Ail injuries and damages as set forth herein, suffered by Plaintiff, Rebecca A. Negley, were proximately caused by the negligence of Daniel N. Thundu. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant in an amount in excess of $25,000.00 plus costs and interesT. COUNT II - NEGLIGENCE PER SE 22. Paragraphs ! through 21 hereof are incorporated by reference as if Ehe~ same were more fully set forth at length herein. 23. The acuions and conduct of the Defendant, as set forth in Count i, including but ncE limited to, Defendant's failure ~c comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles and his o~erating a monor vehicle while under the influence of alcohol constitutes negligence per se. 6 SAIDIS UFF, FLOWER ~ LINDSAY ,~"I'ORNEYS · AT · LA IA/ IV. High Street Carlisle, PA 24. As a result of the Defendant's negligence per se, the Defendant is liable for the injuries and damages suffered by the Plaintiff arising out of Ehe subject accident. WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant in an amount in excess of $25,000.00 plus costs and interest. COUNT III - PUNITIVE- DAmaGES 25. Paragraphs 1 through 24 hereof are incorporated by reference as if the same were more fully set forth a5 length herein. 26. The Defendant's conduct, as set forth herein, including but not limited to, operating a vehicle at approximasely 72 miles per hour in a 35 mile per hour zone, and operaSing a vehicle while under the influence of alcohol with a blood alcohol level of .1690, constitutes outrageous conduct and a reckless indifference to 5he interest of others. 27. As a result cf Defendant's ousragecus conduct, his reckless indifference to the interest of others, and the serious injuries resulting to Plaintiff from said conduct, the imposition of punitive damages is apprspria~e. SAIDIS JFF, FLOWER . LINDSAY TUlg~'s~,s AT ..' A W W. High Street Carlisle, PA WHEREFORE, Plaintiff, Rebecca A. Negley, demands judgment against the Defendant in an amounu in excess of $25,000.00 plus costs, interest, punitive damages. SAiDIS, .qHUFF, FLOWER & LINDSAY ~J 2ph L. Hitchings, ~quire Anncrney I.D. # 65551 26 West Eiigh Street Carlisle, PA 17013 (717) 243-6222 Attcrney for Plaintiff 8 Register of Wills of CU?4BERLAND County, Pennsylvania Certificate of Grant of Letters Mo. 2002-00012 PA No. 21-02-0012 ESTATE OF TL.q3NDU DANIEL N "(/~'1', ~ J-l~'i', ~.~lJ~ ~ .~ ) Late of Deceased MONROE TOWNS]ZIp Social Security No. 200--72-3161 ~n~-..,~S, _Ti~JNDU DA_~IEL N , late of MONROE TOWNSH!o MBERr.~z~ C0~TY , died cn the i4th day of Janua~ 2000; i Wu=mmv°, the grant of letters of administration for the adminiszration of the estate. THEP~FOP~, i, MA3.Y C. LEWIS and for the County of CUM. BERL~_N-D , Register of Wills , in the. ~monwea!th of Pe~m-sy!vania, have this day granted ]Letters of Administration has du!v cua!ifi=d as a'.~ ~-- ~ - - ~ cm .... s~=to~(rix) ~ of the estate ~he above named decedent and has agreed to administer the estate according !aw, all of which fully appears cf record in my Office at C%%~ERr._A~%~ .~TY COb~.T HOUSE C~RLrSLE o=~cvr~r~ iN TESTiMONW WHEREOF, i have hereunto set my hand and affixed the seal %v Office cn ~= 7t~ day cf January 2002. ~egis=er of ~iiis EXHIBIT **NOTE** rA/~L ALL~S A2~OVE A-PPF2L~ (LAST, FIRST, MIDDLE) 5AIDIS ~, Iq.0WER EINDSAY V. High Sffeet ;artisle, PA REBECCA A. NEGLEY, Plaintiff V. ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA ' NO.: 02-104 · CIVIL ACTION- LAW ESTATE OF DANIEL N. THUNDU, · JURY TRIAL DEMANDED Defendant · ACCEPTANCE OF SERVICE I accept service of the Complaint in the above-captioned action on behalf of the Estate of Dardel N. Thundu and certify that I am authorized to do so. Date: phen D. Tiley, Esq. SAIDIS [.IFF, FLOWER ~ LINDSAY W. High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subjec5 to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATED: ~//.~/C ~ Rebe~cca A. Negley'~) ~ SAIDIS ~FF, FLOWER LINDSAY '"l~J~',~ · AT~ LA W W. High Street Carlisle, PA CERTIFICATE OF, SERVICE hereby certify that i served a true and cor~ct , 2o.¢ .p.._T, copy of the foregoing Amended Complaint Pursuant to PA.R.C.P. 1028©(1) upon all parties of record via United States Mail, postage prepaid, addressed as follows: Stephen D. Tiley, Esquire 5 S. Hanover St. Carlisle, PA 17013 Donald R. Doter, Esquire Jacobs & Saba 214 Senate Ave. Suite 503 Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY 02HB-0O008 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, PLAINTIFF VS. STEPI-I N D. TILEY, PERSONAL RRPRF3ENTATIVE AND ADMINISTRATOR OF TItE ESTATE OF DANIEL N. ~U, DEFENDANT IN ~ COURT OF COMMON PLEAS ~ERLA_ND COUNTY, PENNSYLVANIA No. 02-104 CML TERM CIVIL ACTION - LAW JURY TRIAL iDEMANDED REQUEST FOR ADMISSIONS OF DEFENDANT~ STEPHEN D. TILEY~ ESQUIRE~ PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DANIEL N. THUNDU, ADDRESSED TO THE PLAINTIFF TO: Rebecca A. Negley c/o Joseph L. Hitchings, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, Plaintiff propounds to the Defendant the following requests for admission, for the purposes of the pending action only. Each request should be answered fully and unless admitted, any answers shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. Pursuant to Rule 4014(b), unless an answer or objection ils received to these requests withing thirty (30) days after service, they shall be considered "admitted". Respectfully submitted, BY:D~nlld~~R~!D ore~i E,~!'~i,r!/' Attorney for Defendant Identification No. 39126 Date: June 7, 2002 The lawsuit docketed to the above term and number arises out of a two motor vehicle collision occurring during the late evening hours of January 14, 2000 in Cumberland County, Pennsylvania. Admit ~ Deny As a result of the motor vehicle collision of JanuaEt 14, 2000, Defendant's decedent, Daniel N. Thundu, died immediately or within a short period thereafter. Admit /// Deny Upon investigation, and communication with representatives of Nationwide Mutual Insurance Company, the insurer of Defendant's decedent, Daniel N. Thundu, counsel for the Plaintiff determined that an Estate had not been raised on behalf of Defendant's decedent, Daniel N. Thundu, as of late 2001 as reflected in a letter from Plaintiff's counsel to Margaret Driscoll of Nationwide Mutual Insurance Company dated October 29, 2001, attached hereto as Exhibit "A", and incorporated by reference as if more fully set forth herein. Admit ~'/ Deny During the fall of 2001, counsel for the Plaintiff, Joseph L. Hitchings, Esquire, engaged Stephen D. Tiley, Esquire of Carlisle to take appropriate steps to open an Estate on behalf of Defendant's decedent, Daniel lq. Thundu. Admit t// Deny__ A Petition for Grant of Letters of Administration was filed with the Register of Wills with this Honorable Court on or about December 21, 2001. Admit v// Deny __ Counsel for the Plaintiff', Joseph L. Hitchings, Esquire sent a letter to Margaret Dfiscoll of Nationwide Mutual Insurance Company dated December 27, 2001 advising her of the filing of the Petition for Grant of Letters of Administration on December 21, 2001. A true and correct copy of this letter to Ms. Driscoll is attached hereto as Exhibit "B" and incorporated by reference as if more fully set forth herein. Admit / Deny__ By letter dated December 28, 2001, Stephen D. Tiley, Esquire sent a letter to Mrs. Susan Thundu, the widow of the late Daniel N. Thundu, essentially advising her of Mr. Tiley's involvement in the proposed raising of' an Estate for Defendant's decedent, Daniel N. Thundu, and requesting, inter alia, that Mrs. Thundu execute a renunciation form in favor of Mr. Tiley being named as Administrator. Mrs. Susan Thundu cooperated with the various requests made of her by Stephen D. Tiley, Esquire, executed the renunciation form and retunfing it to Stephen D. Tiley, Esquire. A true and correct copy of the letter sent by Stephen D. Tiley, Esquire to Mrs. Susan Thundu dated December 28, 2001 is attached hereto as Exhibit "C" and incorporated by reference as if more fully set forth herein. Admit ~ Deny __ Letters of Administration were issued by this Honorable Court to Stephen D. Tiley, Esquire on January 7, 2002. Admit ,// Deny __ This lawsuit was commenced by the filing of a Complaint with this Honorable Court on January 8, 2002 captioned: "Rebecca A. Negley, Plaintiffv. Estate of Daniel N. Thundu, Defendant". Admit ~ Deny__ 10. On January 9, 2002, counsel for Plaintiff served a letter upon Stephen D. Tiley, Esquire enclosing a copy of the Complaint filed on January 8, 2002, requesting that Stephen D. Tiley, Esquire execute and return a "Acceptance of Service" form. Stephen D. Tiley, Esquire complied with this request. A tree and correct copy of the letter sent by counsel for the Plaintiff, Joseph 1,. Hitchings, Esquire to Stephen D. Tiley, Esquire dated January 9, 2002 is attached hereto as Exhibit "D" and incorporated by reference as if more fully set forth herein. Admit / Deny VERIFICATION I verify that the statements made in the responses to Request for Admissions of Defendant are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. DATED: Rebecca A. NegleYO '~' JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attomey@s$fl-law.com October 29, 2001 WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (71/')737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Margaret Drisco]] Nationwide Mutual Insurance Company 1137A Kennebec Drive Chambersburg, PA 17201 Re: Your Insured: Susan Thundu Your Claim No.: 58 37 C 858184 01142000 01 Our Client: Rebecca Ann Negley Date of Accident: 1/14/00 Dear Ms. Driscoll: I am in receipt of your letter dated October 22, 2001. To give you a status update, please be advised that a Complaint has been drafted. However, upon checking with the Courthouse, in order to file the same we were advised that an Estate was never opened on blt. Thundu. Accordingly, it will now be necessary for us to open up an Estate for him so that we have a legal entity which we can bring the action against. Would you please have your insured provide me with a certified copy of the Death Certificate for Mr. Thundu. We are, on course, wxlling to pay any charges ~rom the Coroner's office incurred in obtaining the certified copy. Thank you for your attention to this matter. Sincerely, JLH:tdm Cc: Rebecca Ann Negley J~s~ph OL. Hitchi~ngs / LINDSAY JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (71/-') 243-6486 EMAIL: attorney@ssfl-law.com December 27, 2001 JAi'I - 4 - WEST SHORE OFFICE: 2109 MARKET STREET CA.MP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Nargaret Driscol! Nationwide Nutual Insurance Company 1137A Kennebec Drive Chambersburg, PA 17201 Re: Your Insured: Susan Thundu Your Claim No.: 58 37 C 858184 01142000 01 Our Client: Rebecca Ann Negley Date of Accident: 1/14/00 Dear Ms. Driscoll: Enclosed please find a copy. of the Petition for Grant of Letters of Administration filed with the Register of Wills on Friday, December 21, 2001. This is a necessary step in order to open up an estate so that I have a legal entity who i can serve the Complaint upon. i will provide you with a courtesy copy of the Complaint when it is filed and served. JLH:rlm Cc: Rebecca Ann Negley Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY h ~L% Hi. tc~ngs FREY & TILEY ATTORNEYS-AT-LAW 5 sOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 ROBERT M. FREY OF COUNSEL STEPHEN D, TILEY ROBERT G. FREY TELEPHONE (717) 243-5838 FACSIMILE (717) 243-6441 December 28, 2001 Mrs. Susan Thundu 31 Ashburg Drive Mechanicsburg, PA 17055 Re: Estate of Daniel N. Thundu Dear Mrs. Thundu: Please accept my sympathies for the loss of your husband. I am sure that the Holidays and the upcoming anniversary of his death are very difficult times for you and my thoughts and prayers are with you. As you know, Rebecca Ann Negley has an automobile negligence action against Mr. Thundu's Estate. The attorney for Ms. Negley is Joseph L. Hitchings at the law firm of Saidis, Shuff, Flower & Lindsay here in Carlisle. In order to prosecute this legal action. Mr Hitchin§s has asked that I take out Letters of Administration for your husband's estate. Therefore, I have been hired to do this and have filed a Petition for Grant of Letters of Administration, which Mr. Hitchings prepared. I expect that Letters of Administrabon will shortly be issued to me. If for some reason you would prefer to administer your husband's estate I am sure that these proceedings could be reversed in your favor. On the other hand, assuming that you are satisfied to have me serve as Administrator, the Register of Wills Office has requested that you sign a renunciation form in favor of my being named as Administrator. Therefore, enclosed you will find that form and, if this is satisfactory to you, I ask that you sign it and return it to me in the er~closed envelope. On the assumption that I am going to administer ),our h~sband's estate, I ask for certain information so that I can comply as best I can with legal requirements for administration. I am sure that Mr. Hitchings has already asked you these and possibly other questions but I am duty bound [o make. an investigatioq of the [acts. First of all, are you aware of any Will of your husba.qd? If he had a Will tl~en we. n~ed to file that with the Court. I assume that l have your name and address correct. Mr. Hitchings indicated that your husband has a minor daughter who lives with you. Kindly provide her name and birth date and confirm that she lives with you. Kindly also confirm that Daniel Thundu did not have any other children. Are you aware of any assets in Mr. Daniel Thundu's name alone. Assets wnich he and you owned jointly as husband and wife automatically pass to you at his death and are irrelevant to , administration of his estate. I do not need to know anything about joint assets. Prol~ably most of your assets were held jointly. Items of persona', property which you acquired together during the course of marriage, such as furniture, wil~ probably be owned jointly. Items such as automobiles, bank accounts, and real estate are controlled by th6ir title. If they are titled or named in joint names as husband and wife then they are so owr~ed and are not an ass~.~t for administration in the estate. Frey & Tile)' Mrs. Sttsa~t Thtutdu Re: Estate of Daaiel N. Thtmdtt December 28. 2001 Page 2 On the other hand, anything titled or named in Mr. Thundu's name aIone is an asset which must pass through the estate. Kindly advise as to any assets of the estate. Evidently, Rebecca Negley has a claim against the estate which is likely to far exceed its assets and, therefore, there will be no net estate to distribute to you and your daughter. You should know, however, that your joint property, your separate property, aqd the assets of your daughter, are not subject to the claims against the estate regarding the automobile accident. Are you aware of any other debts, whether paid or not, or claims against the estate? These would be debts in your husband's name alone, if you have a copy of the fu.qera! bi!l. it would be convenient to receive that. Again, ultimately I expect that Mr. Hitchings will prepare most of the documentation and do most of the work in connection with the administration of the estate and my primary function will be to oversee that work. Nevertheless, I appreciate you contacting me directly so that I can fulfill my duty to investigate the assets, liabilities, and heirs of the estate. Again, please accept my sympathies for the loss of your husband. Sincerely yours, S DT/tl Enclosures cc: Joseph L. Hitchings, Esquire RENUNCIATION In Re Estate of' DANIEL N. THUNDU, deceased. To the Register of' Wills of CUMBERLAND County, Pennsylvania. SUSAN THUNDU, wife of' the above de. cedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Lette' of Administration WITNESS her hand this __ day of 19 Susan Thundu (Sisaatur=) 31 Ashburg Drive Bleehaniesburg, PA 17055 (Address) (Signature) (Address) (Sigaatar'-) (Addr,~s) JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMFS D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTIvIAN, II S .OlS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attomey@ssfl-law.com www.ssfl-law.com January 9, 2002 ~ SHORE OFFICE: 2109 MARKET STREET CA~,LP HILL, PA 17011 TELEPHONE: C717)737.3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Stephen D. Tiley, Esquire 5 S. Hanover St. Carlisle, PA 17013 Re: Rebecca Negley v. Estate of Daniel N. Thundu Dear Steve: Enclosed please find for service upon your client a certified copy of the Complaint I have filed in the above-captioned matter. I have also enclosed an Acceptance of Service form for your signature. Please return the same to me for filing. Very truly yours, JLH:rlm cc: Margaret Drisco!l SAIDIS, SHUFF, FLOWER & LINDSAY Nationwide Mutual Insurance Company 1!37A Kennebec Drive Cna.:~ersburg, PA 17201 02HB-00008 ~ ' LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant REBECCA A. NEGLEY, PLAINTIFF VS. STEPHEN D. TILEY, PERSONAL REPRESENTATIVE AND ADMINISTRATOR OF THE ESTATE OF DANIEL N. THUNDU, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-104 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Request for Admissions of Defendant, Stephen D. Tiley, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Addressed to the Plaintiff to be served by regular :first class mail upon: Date: June 7, 2002 Joseph L. Hitchings, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 170!~ lt/ Donald R. Dorer, Esquire Attorney for Defendant 02HB-00008 LAW OFFICES OF JACOBS & SABA ~14 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT ~ca A. Negley, Plaintiff VS. uire, Personal Representative · Administrator of the Estate of Daniel N. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ease No.: 02-104 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Motion for Summary Jud,gment of Defendant, Stephen D. Tiley, Esquire, Personal Representative and Administrator of the Estate of Daniel N. Thundu, Defendant to be served by regular first class mail upon: Robert C. Saidis, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Date: February 4, 2003 Marcus A.~ McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street C~arli/sled, PA 17013 t~ ; Attorney for Defendant REBECCA A. NEGLEY, Plaintiff STEPHEN D. TILEY, Personal Representative and Administrator of the ESTATE OF DANIEL N. THUNDU, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-104 CIVIL TERM c Defendant : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of the law firm of Saidis, Shuff, Flower & Lindsay on behalf of the Plaintiff, Rebecca A. Negley, in the above captioned case. Respectfully Submitted, Dated: 2003 Robert C. Said~s, ~s~zfi~e Supreme Court I.D. No. 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter our appearance on behalf of the Plaintiff, Rebecca A. Negley, in the above captioned case. ,2003 Date: Respectfully Submitted,  HT & HUGHES / oJ.a.~/e~ D~_e_s,~squire - . _up er. ae ourt I.D. No. 58884 2'_ _r_cyrS. III, Esquire ~u, Jg .r~e Court I.D. No. 25476 "~est Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, James D. Hughes, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: ,2003 Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 . GHT &~~HUGHES ~?ames~l~ghes, Esquire No. 8884 ~ ~W'e~o. m~ fret~Pro_fes sional Building ~.. est ~Pomfret Street ,/Igarlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Rebecca A. Negley PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sukmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pleurae ] i~t the within matter for the next Arcjanent Court. CAPTION OF CASE (entir~ caption must be stated in b,ll ) Rebecca A. Negley, Stephen D. Tiley, Esquire Personal Representative and Administrator of the Estate of Daniel N. Thundu, ( P1 ai ntiff) ( Deferx/ant ) 19 State matter to be argued (i.e., plaintiff's n~tion for new tr~a], defendant's dor~trrer to ccmplaint, etc.): Defendant's Motion for Su~u~ry Judgment 2. Identify counsel who w~ ] ] argue case: (a) for pl ~ntiff: ~s: (b) for defendant: Acktr~ss: Marcus A. McKnight, III, Esquire Irwin, McKni§ht & Hughes 60 West Pomfret Street Carlisle, PA 17013 Donald R. Doter, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 ~amp Hill, PA 17011 I w~ ] ] notify al ] parties in writing within tm~ days that this case has been Ii-ted for ~t. 4. Arcjare~t Court Date: July 23, 2003 Dated: March 18, 2003 Marcus A. McKnigh~J Esquire REBECCA A. NEGLEY, Plaintiff STEPHEN D. TILEY, ESQUIRE, PERSONAL REPRESENTATIVE and ADMINISTRATOR of the ESTATE of DANIEL N. THUNDU, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 104 - 2002 CIVIL TERM : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW, this ! ~~day of March, 2003, comes the Plaintiff, REBECCA A. NEGLEY by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Motion for Summary Judgment filed by Defendant, STEPHEN D. TILEY, ESQUIRE, PERSONAL REPRESENTATIVE and ADMINISTRATOR of the ESTATE of DANIEL N. THUNDU, averring as follows: The averments of fact contained in paragraph one (1) of the Motion are admitted. The averments of fact contained in paragraph two (2) are admitted. o The averments of fact contained in paragraph three (3) are admitted. The averments of fact contained in paragraph four (4) are admitted. Plaintiff's Amended Complaint referenced in paragraph five (5) and attached as Exhibit "D" to Defendant's Motion speaks for itself and therefore no response is required. To the extent that a response is required, any inconsistencies between the reprinted portions of Plaintiff's Amended Complaint in Defendant's Motion and Plaintiff's original Amended Complaint are specifically denied and strict proof thereof is demanded at trial. The averments contained in paragraph six (6) are denied as stated. It is admitted that the Plaintiff's Answers to Request for Admissions, attached as Exhibit "E" to the Defendant's Motion for Summary Judgment, are relevant. Any remaining averments, including any inference that the Answers are the sole relevant facts, are specifically denied and strict proof thereof demanded at trial. By way of further answer, Exhibit "E" specifically details that the subject estate was in existence prior to the filing of the initial Complaint:. The averments of fact contained in paragraph seven (7) of the Motion are conclusions of law to which no response is required. To the extent a response is required, the averments are denied and strict proof thereof is demanded at trial. By way of further answer, the more proper designation of Stephen D. Tiley as personal representative and administrator of the estate of Daniel N. Thundu in Plaintiff's Amended Complaint did not introduce a new party to the case, where the estate was in existence at the time of filing the Complaint. See .Estate of Robert A- .Grouse v. Miller & Norford~ Inc, 42 Pa. D&C 4th 408 (Cumb. Cty. 1999), aff'd No. 1619 2 MDA 1999 (Pa. Super. 2000). Accordingly, the applicable Statute of Limitations 42 Pa. C.S.A. {}5524 does not serve as a bar to Plaintiff's claims. WHEREFORE, Plaintiff Rebecca A. Negley respectfully requests that this Court deny Defendant's Motion for Summary Judgment. Respectfully submitted, By: IRWI~cKNIG/1jI~T & HUGHES Supreme ~oulrt~quire James D. Hughes, Esquire Supreme Court I.D. No. 58884 Douglas G. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorneys for Plaintiff, Rebecca A. Negley VERIFICATION The foregoing document on behalf of the Plaintiff, Rebecca A. Negley, is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are tree and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the Plaintiff pursuant to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: March 18, 2003 Marcu~~~Es~ CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Date: March 18, 2003 IRWIN, McKNIGHT & HUGHES West ?omfret_'~o~ssional Build~g 60 West Pomfret Str-?'eet--..~ j Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Rebecca A. Negley REBECCA A. NEGLEY, Plaintiff STEPHEN D. TILEY, ESQUIRE, Personal Representative and Administrator of the Estate of DANIEL N. THUNDU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0104 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE HOFFER, P.J, and OLER, J.* ORDER OF COURT AND NOW, this 22nd day of May, 2003, upon consideration of Defendant's Motion for Summary Judgment, and following oral argument held on May 21, 2003, Defendant's motion is denied. Estate of Robert Gouse v. Miller and Norford, Inc., 48 Cumberland L.J. 240 (1999), 42 Pa. D. & C.4th 408, afl'd, 760 A.2d 436 (Pa. Super. Ct. 2000). Marcus A. McKnight, Esq. Attorney for Plaintiff Donald R. Dorer, Esq. Attorney for Defendant irc BY THE COURT, Vesley Oler~., J.' * Guido, J., did not participate in the consideration or disposition of this case. REBECCA A. NEGLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW STEPHEN D. TILEY, Personal : 02-104 CIVIL TERM Representative and Administrator of the ' ESTATE OF DAN/EL N. THUNDU, : Defendant : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. Mci<night, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Date: March 10, 2004 Respectfully Submitted, IRWIN & . U.~J_~gh[ IH, Esqmre REBECCA A. NEGLEY, ~a~tiff STEPHEN D. TILEY, Personal Representative and Administrator of the ESTATE OF DANIEL N. THUNDU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : : 02-104 CIVIL TERM _. _. .- : JURY TRIAL DEMANDED C ERTIFICATE OF SERVICE I, Marcus A. McKnight, I~, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Donald R. Domr, Esquire Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Date: March 10, 2004 IRWIN & ~ ~N/GHT West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Rebecca A. Negley