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Home My WebLink About04-4653 'au! 1. Hennessy Esquire 'Iennessy & Walker Group 142 W. Market Street West Chester, PA 19382 510-431-2727 A.ttorney 1.D. 65396 Attorney for Plaintiff : In The Court of Commqn Pleas \fewark Insurance Company NS/O Maria Santiago and Peter Gaddis ~.O. Box 9033 3ethpage, NY 11714 AND Maria Santiago and Peter Gaddis in their own right 50 Cumberland Avenue ~enns Grove, NJ 08069 :Cumberland County, Pennsylvania : Civil Action Law :No:04 -f./t-SJ (2.1'u'll{-~ vs. James A. Stouter 5213 Royal Drive Mechanicsburg, PA 17055 Praecipe to Issue Writ of Summons Prothonotary: Kindly issue a Writ of Summons with regard to the above captioned case. Thank you. Please forward to Sheriff's Department for service. NEWA-l003 '; /);7 II ';J llr! t , . ./1 r;,/// . (k1"L;;r::"'\ Paul . Henn!'8'sy, Esquire : Hennessy &tWalker, Group Date: 9/14/04 l ?VN~ t- ~ ~ .......... Lv DC/( ~ D . ~ -- _ \' ~ J C> D ~ '---Z~ ,.--.. ,-' 1""", r:-;...... -',2 l-:l "n '~~:n " ,-= --~ T:~? >;Q "V ;-:'~ -, \..C- , - Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS NEW ARK INSURANCE COMPANY AlS/O MARIA SANTIAGO AND PETER GADDIS P.O.BOX 9033 BETHPAGE, NY 11714 AND MARIA SANTIAGO AND PETER GADDIS IN THEIR OWN RIGHT 50 CUMBERLAND AVENUE PENNS GROVE, NJ 08069 Court of Common Pleas Plaintiff Vs. No. 04-4653 CIVIL TERM In CivilAction-Law JAMES A. STOUTER 5213 ROYAL DRIVE MECHANICSBURG, PA 17055 Defendant To JAMES A. STOUTER You are hereby notified that NEW ARK INSURANCE COMPANY AlSfO MARIA SANTIAGO AND PETER GADDIS AND MARIA SANTIAGO AND PETER GADDIS IN THEIR OWN RIGHT, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date SEPTEMBER 16, 2004 CURTIS R. LONG Prothonotary "- BY~"--o." P. ~~ Deputy , C Attorney: Name: PAUL J. HENNESSY, ESQUIRE Address: HENNESSY & WALKER GROUP "'-. ~. ,.. 142 W. MARKET STREET WEST CHESTER, PA 19382 Attorney for: Plaintiff Telephone: 610-431-2727 Supreme Court ID No. 65396 SHERIFF'S RETURN - REGULAR CASE NO: 2004-04653 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEWARK INSURANCE COMPANY ET AL VS STOUTER JAMES A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS STOUTER JAMES A was served upon the DEFENDANT , at 1636:00 HOURS, on the 20th day of September, 2004 at 5213 ROYAL DRIVE MECHANICSBURG, PA 17055 KATHLEEN STOUTER, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.62 .00 10.00 .00 37.62 Sworn and Subscribed to before me this ,;I!!.w. day of ~.:.v.~" d.bV'i A.D. fl. Q fh;~/~ '-- ~thonotary So Answers: ?""~-"~~1' R. Thomas Kline 09/21/2004 HENNESSY WALK/i GRO~ By: 7~ fill" Deputy Sheriff , ... Paul J. Hennessy, Esquire Hennessy & Walker Group 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Newark Insurance Company A/S/O Maria Santiago AND Peter Gaddis P.O. Box 9033 Bethpage, NY 11714 AND Maria Santiago AND Peter Gaddis in their own right 50 Cumberland Avneue Penns Grove, NJ 08069 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: 04-4653 vs. James A. Stouter 5213 Royal Drive Mechanicsburg, PA 17055 :'iOTICE A VISO You have been sued in coun:. lfyou wish to d.efend against t.."tc claims set forth. in the following pages. you must tJ.k.e Jc:tion within twenty (20) days after this complaint and notice are served. by entering a wt;iuen appcaranc: pcrson~ :111y or by aaomcy and filing in writing with the court your defenses or objections to the claims set forth against you. You arewarncd.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 ootite for any monc:y claimed in the complaint or (or any other claim or retief requested by the plaintiff. You may lose money or property or otner rights important to you. L::: h3n dc::nandado a usted en la corte. Si u$tcd quier.: d~fendersc de estas dcmandas expuestaS en las paginas siguientes. l1stcd tiene veinte (20) di33 de plaza a1 partir de 1a fecba de !la demanda y la notific:acion. Haec fala aenW' una. comparencia escrita 0 en per30na 0 con un abogado y enttcgar a la corte en forma <:scrita. JUS defema3 0 JUS objeciones a las dc:mandas en contra de su persona. Sea avisado que si usted no se defiende. 1a corte tomar:1 medidas ':! puedecontinuar la dc:manda en coom suya sin pr<:vio J.viso 0 notificacion. Ademas. 101 corte puede decidir a favor del demandan[c: ':! re~uiere que usted c:.lmpla con todas las provision~, de esta demanda. U sted puedc perer dinero 0 5U5 propicd.adc:s U otras derecho5 import3l1te5 para usted. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 LleYiJ uta dema/fda a un "bogado illmediata,,"1U~ Si no ti(ne aboglzdo 0 si 110 ticn~ d dinuo Jujlcieme de pagar tal s~rYici(J'. Va,a en persDna Q U4~ por t~JifQ"'Q a la ofidna cu~~a direccion J~ enaulItra ncrita abajo para av~rigfla" dande se plltde canseJ"ir asisttJlcia I.gal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 Yorrshould t/lke this pap~T' to your lawyer at anCL flyau do no' Jtfl"'~ " lawyer or cannot afford on~. go tD or uf~phone tire offic~ set fortlr b~lq)fl to find out wheTt 1011 ca" gtt Iqal h~lp. ., II Paul J. Hennessy, Esquire Hennessy & Walker Group 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney 1.0. # 65396 Attorney Ji)r Plaintiffs , Newark Insurance Company NS/O Maria Santiago and Peter Gaddis P.O. Box 9033 Bethpage, NY 11714 And Maria Santiago and Peter Gaddis : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No: 04-4653 vs James A. Stouter COMPLAINT I. Plaintiff Newark Insurance Co. is an insurance carrier licensed to conduct business in the State of New Jersey and various states. 2. Plaintiffs Maria Santiago is an adult individual residing at the above captioned address. 3. Plaintiff Peter Gaddis is an adult individual residing at the above captioned address. Defendant James A. Stouter is an adult individual residing at the above captioned address. 4. On or about September 21, 2002 Plaintiff Newark Insurance Co. insured plaintiffs Santiago and Gaddis with a personal auto insurance policy, policy number 425461223909. The policy provided coverage for Personal Injury Protection coverages. 5. On or about September 21, 2002, at or near U.S. Route 13 and Leapsic Road in Dover, Delaware, Defendant Stouter, while operating a 2000 Ford F-250, PA TAG # YHE-5836 did negligently, carelessly and or recklessly strike/collide into Plaintiff vehicle causing damages to The Plaintiffs vehicle. As the result of the negligence of the d,~fendant The Plaintiff incurred personal injury protection payments in the amount of $35,989.14, of which $28,341.88 was on behalf of Peter Gaddis. Payments were made pursuant to the Delaware Personal Injury Protection Statute. II 6. The negligence of the Defendant consisted of: a) failing to yield right of way; b) being inattentive; c) striking another motor vehicle lawfully upon the roadway; d) failing to give due regard to the rights, safety point and position of Plaintiff's vehicle; e) failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; f) other such negligence that may be developed through continuing discovery and trial of this matter. 70 The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and were due in no manner whatsoever to any act and/or failure to act on part of Plaintiffs. 8. Newark Insurance Company is subrogated to PlaintiiIs Santiago and Gaddis for this loss. 9. As a result of the aforesaid collision Plaintiffs Santiago and Gaddis sustained injuries to and about their persons requiring medical attention and treatment, said iIijuries included but were not limited to cervical strain/sprain, lumbar sprain/sprain, bruising and contusions. 10. As a result of the aforesaid policy of insurance, Plaintiff Newark Insurance Co. paid the PIP claims of Plaintiffs Maria Santiago and Peter Gaddis in the amount of$35,989.74(representing and fair and reasonable reimbursement for said medical bills and injuries). WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $ 35,.989.7 4 to~ether plus costs, interest and such 69ter r"ef<.th,i~ Court finds eqwtable and Just. /\ // i // // /' / ..') I)d- " tf __ .' ~(Art'i2v/ u 1Pau[ J. I;l$lmessy, squire Hennessy& Walker Group / II COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER :ss The Undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorites. If applicable, this affidavit is made on behalf of the Plaintim)); that the said Plaintifll:s) is/are unable and unavailable to make this verification on its/hislher own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. RC.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file. ? J1IJ Dated: 1/26/05 / l ~'~_ "'l , , .-'fl .-' .-"\" \"..... -."\ \\", 1..)) \ C,} -~ ~."" ,..,,";' {,.J' - ---- SHERIFF'S RETURN - REGULAR CASE NO: 2004-04653 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEWARK INSURANCE COMPANY ET AL VS STOUTER JAMES A ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STOUTER JAMES A the DEFENDANT , at 1150:00 HOURS, on the 7th day of February, 2005 at 5213 ROYAL DRIVE MECHANICSBURG, PA 17055 by handing to KATHLENE STOUTER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ?'~~-'<~ R. Thomas Kline Sworn and Subscribed to before 02/08/2005 HENNESSY & WALKER GROUP BY__/~ 4- ~ ~ lJ Dep~ty s~eriff me this Il) ""' day of ],-LL<-~'"'<i de,-' </ A. D. lit/V/. Q )lu{J.~v rf7 I Prothonotary . Peter J. Speaker, Esquire Attorney I. D. No. 1.0. 42834 Derek D. Bahl, Esquire Attorney 1.0. No. 87851 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: osoeaker(@tthlaw.comldbahl((i)tthlaw.com Attorneys for Defendant James A. Stouffer NEWARK INSURANCE COMPANY IN THE COURT OF COMMON PLEAS A/S/O MARIA SANTIAGO and PETER: CUMBERLAND COUNTY, PENNA. GADDIS, Plaintiffs Civil Action Law v. No. 04-4653 JAMES A. STOUTER, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Peter J. Speaker, Esquire, Derek D. Bahl, Esquire and Thomas, Thomas & Hafer, LLP as counsel for Defendant in the above matter. Respectfully submitted, Tomas, Thomas & Hafer, LLP by C_ ~ CJckt Peter . Speaker, Esquire Derek D. Bahl, Esquire Date: 2- ( 2-C[ ( ~ ." CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing Entry of Appearance by first class mail, postage prepaid, addressed to the following: Paul J. Hennessy, Esquire Hennessy & Walker Group 142 W. Market Street West Chester, PA 19382 Thomas, Thomas & Hafer, LLP Date: 2. (2.- Y (c r by ~~~~ Derek D. Bahl, Esquire "70 b E;; c. "" " g; N <SO' 3 ~I J::"- "-0 Peter 1. Speaker, Esquire Attorney l. D. No. l.D. 42834 Derek D. Bahl, Esquire Attorney l.D. No. 87851 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania \7\ 08-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: osoeaker[a:ltthlaw.com/dbahliWtthlaw.com Attorneys for Defendant James A. Stouffer NEWARK INSURANCE COMPANY IN THE COURT OF COMMON PLEAS A/S/O MARIA SANTIAGO and PETER: CUMBERLAND COUNTY, PENNA. GADDIS, et al. Plaintiffs Civil Action Law v. No. 04-4653 JAMES A. STOUTER, Defendant NOTICE TO PLEAD To: Plaintiffs c/o Paul J. Hennessy, Esquire Hennessy & Walker Group 142 W. Market Street West Chester, PA 19382 You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. TH MA~ THO~ ~~ ILP Derek . Bahl, Esquire Date: '-( ('2- ( ( 6 <0 Peter 1. Speaker, Esquire Attorney J. D. No. J.D. 42834 Derek D. Bahl, Esquire Attorney J.D. No. 87851 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: osoeakeruv.tthlaw.com/dbahl(a)tthlaw.com Attorneys for Defendant James A. Stouffer NEWARK INSURANCE COMPANY IN THE COURT OF COMMON PLEAS AlS/O MARIA SANTIAGO and PETER: CUMBERLAND COUNTY, PENNAo GADDIS, et al. Plaintiffs Civil Action Law v. Noo 04-4653 JAMES A. STOUTER, Defendant DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT Defendant James A. Stouffer (incorrectly sued as James A. Stouter), by and through his undersigned counsel, hereby responds to Plaintiffs Complaint as follows: I. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph I, and therefore denies same and demands strict proof thereof. 20 Admitted upon information and belief. 3. Admitted upon information and belief as to Plaintiff Gaddis, and admitted as to Defendant. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4, and therefore denies same and demands strict proof thereof. 5. The allegations contained in Paragraph 5 are denied as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, all such allegations are denied pursuant to Pa.R.C.P. I 029( e) and strict proof of said allegations is demanded. 6. The allegations contained in Paragraph 6 are denied as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, all such allegations are denied pursuant to PaoR.CoP. I 029( e) and strict proof of said allegations is demanded. 7. The allegations contained in Paragraph 7 are denied as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, all such allegations are denied pursuant to Pa.R.C.P. I 029( e) and strict proof of said allegations is demanded. 8. The allegations contained in Paragraph 7 are denied as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, Defendant states that, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8, and therefore denies same and demands strict proof thereof. 9. The allegations contained in Paragraph 9 are denied as conclusions of law requiring no response under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed necessary, all such allegations are denied pursuant to Pa.R.C.P. I 029( e) and strict proof of said allegations is demanded. 2 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 10 concerning the amount allegedly paid by Plaintiff Newark Insurance Co. to Plaintiffs Santiago and Gaddis or the basis for such payment, and therefore denies same and demands strict proof thereof. As to whether the amount allegedly paid by Plaintiff Newark Insurance Coo to Plaintiffs Santiago and Gaddis represented fair and reasonable reimbursement for alleged medical bills incurred and injuries allegedly sustained, Defendant states that this allegation is a conclusion of law requiring no response under the Pennsylvania Rules of Civil Procedure; to the extent that a response is deemed necessary, however, Defendant denies said allegation pursuant to Pa.R.C.P. 1029(e) and demands strict proof of said allegation. WHEREFORE, Defendant James A. Stouffer demands judgment in his favor and against Plaintiffs, together with costs of suit. NEW MATTER 110 Paragraphs 1-10 above are hereby incorporated by reference as if fully set forth at length. 12. On December 19, 2003, Plaintiff Santiago, for and in consideration of the sum of$14,000.00, executed the General Release attached hereto as Exhibit "A". 130 The General Release attached as Exhibit "A" releases Defendant, Defendant's insurer Mutual Benefit Group and Luff Lawn & Garden from "any and all actions, causes of action, claims or demands for damages, costs, loss of use, loss of services, expenses, compensation, consequential damage or any other thing whatsoever 3 on account of, or in any way growing out of, any and all known and unknown personal injuries and death and property damage resulting or to result from" the incident described in the instant Complaint. 14. The General Release attached as Exhibit "A" also releases Defendant, Defendant's insurer Mutual Benefit Group and Luff Lawn & Garden from "any and all liens, debts, or other charges that might be held by or with any medical practitioner, other insurance carrier or any other person, firm, corporation or other entity whatsoever arising from the above-referenced occurrence". 15. On June 6, 2005, Plaintiff Gaddis, for and inconsideration of the sum of $33,000.00, executed the Full Release of All Claims and Demands of Peter Gaddis Against James Stouffer and the Mutual Benefit Insurance Group attached hereto as Exhibit "B". 16. The Full Release attached as Exhibit "B" releases Defendant and Mutual Benefit Insurance Group from "any and all claims, actions, causes of actions, including wrongful death and survival actions, demands, rights, damages, costs, property damage, loss of wages, expenses, hospital medical and nursing expenses, accrued or un-accrued claims for loss of consortium, loss of support or affection, loss of society and companionship on account of or in any way growing out of, any and all known and unknown personal injuries, including death, and all other damages resulting from" the incident described in the instant Complaint. 17. The Full Release attached as Exhibit "B" resulted in the dismissal of the arbitration matter Gaddis v. Stouffer, C.A. No: 04C-06-159 FSS, instituted by Plaintiff 4 Gaddis against Defendant in the Superior Court of the State of Delaware in and for New Castle County, Delaware. 18. A copy of the Stipulation of Dismissal executed by counsel for Plaintiff Gaddis and Defendant in the aforementioned arbitration matter is attached hereto as Exhibit "C". 190 Any and all claims asserted by Plaintiff Santiago and/or Plaintiff Gaddis in this matter are or may be barred by the affirmative defenses of accord and satisfaction, arbitration and award, estoppel, laches, payment, release, res judicata, statute of limitations and/or waiver. 20. The vehicle operated by Plaintiff Santiago at the time of the incident described in the instant Complaint, and in which Plaintiff Gaddis was a passenger at the time of the incident described in the instant Complaint, was, at the time of the incident described in the instant Complaint, registered in the state of New Jersey, registration number 504845197460702. 21. As such, New Jersey law governs Plaintiff Newark Insurance Company's subrogation claim. 22. New Jersey law, like Pennsylvania law, does not an alleged injured party's insurer to recover personal injury protection ("PIP") benefits paid to its insured. 23. Plaintiff Newark Insurance Company's PIP subrogation claim in this matter is not viable under the applicable state law. 24. Furthermore, to the extent that applicable state law does allow for PIP subrogation, any and all claims asserted by Plaintiff Newark Insurance Company are or 5 may be barred by the affirmative defenses accord and satisfaction, arbitration and award, estoppel, laches, payment, release, res judicata, statute oflimitations and/or waiver by virtue of the General Release attached as Exhibit "A", the Full Release attached as Exhibit "B" and the Stipulation to Dismiss attached as Exhibit "C". 25. To the extent that Plaintiff Newark Insurance Company has a viable subrogation claim, that claim is or should be satisfied by the funds paid to Plaintiffs Santiago and Gaddis by Defendant's insurer Mutual Benefit Group in consideration for the General Release attached as Exhibit "A" and the Full Release attached as Exhibit "B", respectively. WHEREFORE, Defendant James A. Stouffer demands judgment in his favor and against Plaintiffs, together with costs of suit. Respectfully submitted, Th mas, Thomas & Hafer, LLP by ~ Z5otJ- Peter 1. Speaker, Esquire Derek D. Bahl, Esquire Date: '1( ~( (o~ 6 - - v {Vi eJq 212 -c, --- GENERAL RELEASE For and in Consideration of the payment to me/us of the sum of Fourteen thousand and no/l00 Dollars ($ 14000) and other good and valuable consideration, l/we being of lawful age, have released and discharged, and by these presents do for myself/ourselves, my/our heirs, executors, administrators and assigns, release, acquit and forever discharge Luff lawn & Graden. Inc.. James Stauffer & Mutual Benefit arOUD and any and all actions, causes of action, claims or demands for damages, costs, loss of use, loss of seNices, expenses, compensation, consequential damage or any other thing whatsoever on account of, or in any way growing out of, any and all known and unknown personal injuries and death and property damage resulting or to result from an occurrence or accident that happened on or about the 21st day of Seotember, 2002, at or near the Rt. 13 IIwe hereby acknowledge and assume all risk, chance or hazard that the said injUries or damage may be or become pennanent, progressive, greater, or more extensive than is now known, anticipated or expecledo No. promise or inducement which is not herein expressed . has "been made to meius, i1iid in e^~-utin9 this release. tA-,,'e do not rely upon any statement or representation made by any person, firm or corporation, hereby released~ or any agent, physician, doctor or any other person representing thein or any of them, concerning the nature, extent or duration of said damages or losses or the legal liability therefore. l/we also agree to forever discharge and save hannless forever the Releasees from any and all liens. debts or other charges that might be held by or with any medical practitioner, other insurance carrier or any other person, finn, corporation or other entity whatsoever arising from the "bove-referenced occurrence. I/We understand that this seWement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of rlBbility on the part of the persons, firms and corporations hereby released by whom liability is expressly denied. l/we further agree that tliis ;elease shall not. De pleaded by metus as a bar to any claim or suil This release contains the Entire Agreement between the parties hereto and the terms of this release are contractual and not a mere recital. . I/We further state that I/we have carefully read the foregoing release and know the contents thereof, and Ifwe sign the same as my/our own free act. . 'lr&~ . q~l\ o't'lCt gj WItnesS' . r'lJA hand and seal thIS l day of \ r .,}t\ , 20 <) ~ Caution: Read Before Signing! ~v..vL/l AddressJ;.,.Jt\ \LI" rn 1 he 1 \ct[o' { . '1(:'-111 tJj,uL ,j f1/)ito/:r fYlftlUA SIIMI. 00 TIFFANY F CAMERON NOTARY PUBLIC STATE OF DELAWARE My Commission Expi~s May 28, 2005 EXHIBIT .Q ~ A FULL RBI,RASE OF ALL CLAlMS AND llEMANDS OF PETER GADDIS AGAINST JAMF:S STOUFFER AND THE MUTUAL BENEFIT INSURANCE CROUP I'eler Gadd;" for and 111 consideration of rhe sum 0( Thmy-Three- Thou.<and-Do1\ars ($33.000.00), the ree,'ipt whereof is hereby aclalowledged, does hereby for hiDl,c!f, his heirs. executors, adminimators, successors :U1d assigns, and any aDd all other persons, finns, cmple,ycr" corporations, associalions. or partnerships release, acquit and forever discharge JAMES STOUFFER AND THE MUTUAL BENEfIT INSURANCE GROUP of ant! [rom any and all claims, actions, causes of actions, including sU""lVal and wrongful death actions, demands, rJghts, damages. cost'. property damage, loss of wages, expenses, hospital medical and nursing expenses, accrued 01" un-at.:cructl l.;'-l:J.ims fur tu~s ur consurtium, !Ol\S of :-:uppOIT or affectIOn! loss of society and companionship on account of or in any way growing out of, any and all knoW11 and . -. .. -. . unknown personal mJunes, mcludlllg death, and ail ,;lher damage< re"ult1l1g from an automobile accident which (\ccurrc:d .on m about September 2L 2002,. in Kent County, Ddaware. It is understood and agreed that, lhis,settl~ment.is jn. full compromise of a doubtful and d,sputeu claim as tu both questions of liability"and .a< -IClthc nature and extent llr the mjuries and damages, and .that neither this release nor the payment pursuant thereto shall be construed a\ an admis"ion of liability, such being denic~. II is further understood and agreed that the undersigned parties rely wholly upon the undersigned's Judgment. helief, and Imowledge of the n?lure, extent, effect, and duratIOn of said . injuries and liability lhereforeand is made"';tho~t reliance upon any statement or representation of the party or parties hereby released or their reprcsel1tatives. I have read this release and under~!!lnd iL, S' d ~.C~~.""~i:_ ~-' ,11,'0" : .,~..,..-y.y.....,...< "'1"-"-" PETER GAl)mS Dated: J::)k!05 l~~;Lu~L--- \\olTNESSED EXHIBIT I b ORiGINAL IN THE SUPERIOR COURT OF nit: STATE OF DELA \V AR~: IN AND FOR m:w CASTLE COUNTY pETER GADDIS, c.A. NO.: 04C.06-159 FSS Plaintiff. ARBlTRA TION CASE v. JAMES A. STOUFI'ER, nJRY OF TWELVE DEMANDED Defendant. STIPULATiON or DISMISSAL IT )S HEREBY STIPULA TED by and bet"veen C01.Ulse] for Plainti.ff and counsel for Defendant that this action brought against Defendant James A. Stouffer be dismissed with pre)\ldicc. The case is dismissed based upon an agreement between the parties. KF;NT & MCBRIDE, P.c. BY: Arthur w uir 1202 Kirkwood Highway Wilmington, DE 19805 Atlomey for Plaintiff David C. Malatesta. Jr., Esq. 1105 Market Street Suite 500, 51h Floor Wilmington, DE 19801 Attorney for Defendant so ORDr,RED THIS 0.6. Y OF ._,2005. J. EXHIBIT I G VERIFICATION I, James A. Stouffer, hereby verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. if No C (, Date <7a;;.~~ CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing Entry of Appearance by first class mail, postage prepaid, addressed to the following: Paul J. Hennessy, Esquire Hennessy & Walker Group 142 W. Market Street West Chester, PA 19382 Thomas, Thomas & Hafer, LLP by ~(SJJ. Date: l.( (2- ( (0 (;, Derek Do Bah1, Esquire Paul J. Hennessy, Esquire Hennessy & Walker 142 West Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Newark Insurance Company A/S/O Maria Santiago and Peter Gaddis and Maria Santiago and Peter Gaddis in their own right VS. James A. Stouter To the Prothonotary: Attorney for Plaintiffs : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No: 04-4653 PRAECIPE Please mark the above action as Dismissed Without Prejudice. ~? o r:; ,..., = = C' - ~ -< N W o ." :C, :n fir 'ur.:!J; :'S:~Y r.,_~() -".-T\ ":<?6 ':"'rn o -1 ;riS '< "'" ~ '-!? s:- -.J