The URL can be used to link to this page

Home My WebLink About12-2162 ?< a } i " :.. C _C? . tv ANGINO & ROVNER. P.C. Michael E. Kosik, Esquire Attorney IDO : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik!a angino-rovner.com DOROTHY HAMILTON IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW _ NO. /0 1- c2g001 (2ivi l 10V DAVID DRAKE, Defendant 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 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 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 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 O 2 Liberty Avenue s Carlisle, PA 17013 (717) 249-3166Ip3.7S (?? ??87aa3 Rfa '73 y5jr 495857 NOTICIA Le han demandado a usted en la corte. Si asted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR. TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 49585? ANG[NO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 171 10-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik(q_)angino-rovner.com DOROTHY HAMILTON Plaintiff, V. DAVID DRAKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Dorothy Hamilton is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 25 Weatherburn Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant David Drake is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. The facts and occurrences hereinafter related took place on April 16, 2010, on Wertzville Road (Pa. Route 944) at Carol Lane in East Pennsboro Township, Cumberland County, Pennsylvania. 495957 4. At that time and place, Plaintiff Dorothy Hamilton was operating a 2003 Saturn which was stopped on Wertzville Road waiting for traffic to clear to turn left into her development. 5. At that time and place, Defendant David Drake was operating a 1991 Chevrolet S 10 pick-up truck directly behind Plaintiff's vehicle. 6. At that time and place, Defendant David Drake operated his vehicle without paying attention to traffic and, suddenly and without warning, violently slammed into the rear of the Plaintiffs stopped vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Dorothy Hamilton are the direct and proximate result of the negligent, careless and reckless manner in which Defendant David Drake operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to travel at a safe speed; (d) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiffs car. (e) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (f) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 49587 CLAIM I DOROTHY HAMILTON V. DAVID DRAKE 8. Paragraphs 1 through 7 of Plaintiff's Complaint are incorporated herein by reference. 9. Plaintiff Dorothy Hamilton sustained painful and severe injuries which include but are not limited to severe head pain, neck pain, and low back pain as well as general shock to her nervous system. 10. By reason of the aforesaid injuries, Plaintiff Dorothy Hamilton was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 11. Because of the nature of her injuries, Plaintiff Dorothy Hamilton has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Dorothy Hamilton has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 13. Plaintiff Dorothy Hamilton continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Dorothy Hamilton has sustained uncompensated work loss, and claim is made therefor. 495857 15, As a result of the aforementioned injuries, Plaintiff Dorothy Hamilton may sustain work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Dorothy Hamilton demands judgment against Defendant David Drake in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II DOROTHY HAMILTON V. DAVID DRAKE 16. Paragraphs 1 through 15 of Plaintiff's Complaint are incorporated herein by reference. 17. Before the subject motor vehicle accident, Defendant David Drake consumed alcoholic beverages, or other drugs, which caused him to become intoxicated and impaired. 18. Defendant David Drake while impaired and under the influence of drugs and/or alcohol drove his vehicle at an excessive rate of speed. 19. After consuming alcoholic beverages, or other drugs, Defendant David Drake knew or should have known that he was severely intoxicated and unable to safely operate a motor vehicle. 20. Defendant David Drake knew or should have known that his operation of a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 21. Defendant David Drake's failure to travel at a safe rate of speed and collision on the roadway displayed willful, negligent and reckless indifference towards the rights of others on the roadway. 22. Defendant's conduct constitutes wanton and willful negligence, is outrageous and entitles Plaintiff David Drake to an award of punitive damages. 495857 WHEREFORE, Plaintiff Dorothy Hamilton demands judgment against Defendant David Drake in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGM0,,&'"VN,Iz'R. P. C. IGlichael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 495857 VERIFICATION I, DOROTHY HAMILTON, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WI DOROTHY HAMILTON Dated: Aar z o 1 Z- 203648 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0 0,1N' ai ? ttn:r,,?p7ft? 4: iLE.C- UMCE PP,CTHQNOTAP Y .a ' THE' 2012 APR 20 AM 8= 45 CUMI RLAND COUNT'S PENNSYLVANIA Dorothy Hamilton vs. David Toby Drake Case Number 2012-2162 SHERIFF'S RETURN OF SERVICE 04/13/2012 05:33 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1733 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Toby Drake, by making known unto himself personally, at 5865 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEP SHERIFF COST: $43.45 April 18, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF a MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Brigid Q. Alford, Esquire ID# 38590 By: Allison L. Krupp; Esquire ID# 30'701.3 4200 Crurns Mill Road, Suite B Harrisburg, PA 171 I 7l 7-651-3710 Attornevs for Defendant David Drake DOROTHY FIAM[LTON Plaintiff, E~,= ~ .~. Q~~ 2~ ~H ~~ Z~ ~~ IN THE COURT OF COMMON E-'LEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v NO. 12-2162 CIVIL TERM DAViD DRAKE Defendant JURI! TRIAL DEN[ANDED PRAECIPE FOR ENTRY OF APPEARANCE TO 7~HE PROTHONOTARY: Kindly enter the appearance of Brigid Q. Alford, Esquire, Allison L. Krupp, Esquire and Marshall, Dennehey, Warner, Coleman & Goggin on behalf of Defendant David Drake in the above-captioned malaer. Date: 10/19/2012 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN s/ Brigi Q. Iford, Esqui e PA. LD. 38590 ' 4200 Crurns Mill Road; Suite B Harrisburg, PA 171 I2 P: (717) 651-3710 F: (7I 7) 651-9630 baalford~)mdwc~:.com a MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN . ~ " s/'~ Allison L. Krupp, Esqui PA. I.D. 307013 4200 Crums Mill Road, ,Suite B Harrisburg, PA 17112 P: (717) 651-3510 F: (717) 651-9630 alkrup~la`~,rridwc~.com CERTIFICATE OF SERVICE I hereby certify that, this 19`" day of October, 2012, I have served a true and. correct copy of the foregoing document upon the following individual, by first class mail, postage repaid, and addressed as follows: ANGINO & ROVNE,R, P.C. Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 Attorney.; or Plainii~f Dorothy Hamilton Date: 10/ 19/2012 ~~ ~.._ ._ S.~ L Brig d Q. lford, squ' e s/_ _ Allison L. Krupp, Esquire ~ ~ ~ a I f ~,. f:. ~ .-- r: : ' ~ ~ `a E . i a . : t i •.~ ,-~~ir r~~ r ~~;-~ r, ,~.~, , a~ A l ,.. Y t ~1 i f'`t ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-rr~ail: mkosik@angino-rovner.com DOROTHY HAMILTON Plaintiff, v. DAVID DRAKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 12-2162 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff Dorothy Hamilton, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton's Complaint fails to state a cause of action on which relief can be granted. To the contrary, Plaintiffls Complaint sets forth a cause of action for negligence in the operation of a. X12613 motor vehicle and gross, reckless, and outrageous conduct in operating a motor vehicle while extremely intoxicated resulting in the rear end accident and Plaintiff Dorothy Hamilton's injuries. 24. Denied. This averment is a conclusory statement unsupported by any factual averments, and therefore, no further response is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton's injuries and damages were caused by the acts or omissions or any unidentified person other than Defendant Drake and over whom Defendant Drake had no right of control. To the contrary, Plaintiff Dorothy Hamilton's injuries were caused by the negligent, reckless, and outrageous conduct of the Defendant who operated a motor vehicle while extremely intoxicated causing him to strike the rear of Plaintiff Dorothy Hamilton's car at a high rate of speed causing her injuries and damages. 2.5. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff s injuries and damages were in whole or in part the result of a pre- existing condition and were not caused or exacerbated by the Defendant's negligent, reckless, and outrageous conduct. To the contrary, it is averred that all of the injuries and damages set forth in Plaintiff s Complaint are the direct, factual cause of Defendant's negligent, reckless, and outrageous conduct in operating a motor vehicle while extremely intoxicated resulting in the rear end accident and Plaintiff Dorothy Hamilton's vehicle. 26. Denied. This averment is a conclusory statement unsupported by any factual statements, and therefore, no further response is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton's injuries and damages were caused by any act, event, or condition other than the motor vehicle accident resulting from 512613 Defendant Drake's negligent, reckless, and outrageous conduct when he struck Plaintiff Dorothy Hamilton in the rear at a high rate of speed as set forth in Plaintiff's Complaint. 27. Denied. This averment is a mixed conclusion of fact and law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton's claims or damages are barred in whole or in part by her alleged failure to mitigate her damages. To the contrary, at all times, Plaintiff Dorothy Hamilton followed the advice of her treating physicians and did everything she could to minimize the effects of the injuries on her activities of daily living. 28. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied the Defendant Drake's conduct in negligently, recklessly, and outrageously operating a motor vel-iicle while extremely intoxicated and strike Dorothy Hamilton's car from the rear at a high rate of speed was not the factual cause of her injuries and damages as set forth in Plaintiffs Complaint. To the contrary, Defendant Drake's negligent, reckless, and outrageous conduct was the factual cause of all of Plaintiff s injuries and damages. 29. Denied. This averment is a conclusion of law to which no responsive pleading is required. Ta the extent that a further response may be deemed proper, it is specifically denied that Plaintiffs claims are barred or limited by the application of the Pemisylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701 et. seg 30. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton selected limited tort on her automobile insurance policy. To the contrary, Plaintiff Dorothy Hamilton had a full tort policy as reflected on her enclosed declaration 512613 page attached hereto as Exhibit A. Furthermore, Plaintiff Dorothy Hamilton's tort selection is irrelevant since Defendant Drake was convicted of driving under the influence of alcohol as set forth in 75 Pa.C.S.A. §1705(d)(i). 31. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied Plaintiffs cause of action is barred or otherv~~ise limited by the doctrine of superseding or intervening cause. By way of further response, Plaintiff Dorothy Hamilton maintains that doctrines of superseding or intervening cause are inapplicable to her cause of action against Defendant Drake where her vehicle was struck in the rear at a high rate of speed by the Defendant who was extremely intoxicated resulting in her injuries and damages. 32. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a further response may be deemed proper, it is specifically denied that Plaintiff claim is barred by the applicable statute of limitations. Plaintiffs cause of action is based upon a motor vehicle accident which occurred on April 16, 2010 as set forth in Plaintiff s Complaint. Plaintiff s Complaint was filed in Cumberland County on Apri15, 2012 before the two- year anniversary of the accident, and the two year statute of limitations as set forth in 42 Pa.C.S.A. X5524. Plaintiff s Complaint was served by the sheriff of Cumberland County on April 13, 2012 within the time period permitted under the Pennsylvania Rules of Civil Procedure. 33. Denied. This averment is a conclusion of law to which no responsive pleading is required. 'I'o the extent that a further response may be deemed proper, it is specifically denied that the Plaintiff Dorothy Hamilton's claim is barred or otherwise limited by doctrines of waiver and~or estoppel. By way of further response, Plaintiff Dorothy Hamilton maintains that the doctrines of waiver and/or estoppel are inapplicable to her claim. 512613 34. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Dorothy Hamilton. was negligent in any manner upon the cause of action stated in her Complaint, and therefore, it is denied the doctrine of comparative negligence is in any way applicable to Plaintiff's cause of action. As previously stated, the accident resulting in Plaintiff's injuries and damages as set forth in her Complaint was a rear end accident which occurred when she was stopped waiting for approaching traffic. Defendant Drake was extremely intoxicated and travelling at a high rate of speed and failed to observe her stopped vehicle, striking the rear of her vehicle pushing it down the highway and causing her physical injuries and damages. Plaintiff Dorothy Hamilton maintains that there are no facts which would give rise to negligence on her part. WHEREFORE, Plaintiff respectfully request that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant. 51?.613 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717} 238-6791 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANLA: COUNTY OF DAUPHIN SS. AFFIDAVIT I, MICHAEL E. KOSIK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and the facts set forth in the foregoing Reply to New Matter, are true and correc~he best of my knowledge, information, and belief. F,. Kosik Sworn to and subscribed `~- I~efore rime this ~ day of I~0`! ~~, 2012. e Notary Public My Commission Expires: COMMONW4RAL'rli Otr' PENNSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public Susquehanna Twp;, Dauphin County My Commission Expires March 18, 2013 512613 This CONTINUATION Page, Wlth P~'»r Jacket Form 8 5 3 7 And Forms And Endorsements Listed Below CO~:TINUES your PERSONAL AUTO POLICY INSURER: PROPERiY ~ CASUALTY INSURANCE COMPANY OF HARTFORD ~rFOrtv 4040 VINCENNES CIRCLE, INDIANAPOLIS, IN 46268 DECLARATIONS POLICY NO. 55 PHJ526189 Named Insured -and TON, JAMES AND- DOR THY Melling Address -r 339 WOODBRIDGE DR ETTERS,PA 17319 ,.. Policy Period 12:01 A.M. Standard Time at the Address of the Named Insured --CFROM 0 5 - i 6 - 0 9 TO 0 5 -16 - i 0 TERM: 1 YEAR BILLING ID NUMBER: X Producer Name: Code: 349992 rrTSmn~t~R SERVICE: 1-800-423-6789 CLAIM SERVICE: 1-877-805-9918 TOTAL POLICY PREMIUM: $ 1392.00 0 0. s r p on o or a um r as err. 1 03 FONT GRAND AM SE1 1G2NF52E23M597700 C672DJ 013 2 03 STRN L300 iG8JW54R63Y5272i2 C364DJ 013 COVERAGE IS PROVIDED ONLY WHERE A PREMIUM IS SHOWN FOR THE AUTO AND COVERAGE. YOUR POLICY AFFORDS COLLISION COVERAGE TO A VEHICLE YOU MAY RENT ON A SHORT TERM BASIS BECAUSE YOU HAVE PURCHASED COLLISION COVERAGE ON AT LEAST ONE OF THE VEHICLES DESCRIBED 1N YOUR POLICY. THE BROADEST AMOUNT OF COLLISION COVERAGE AND THE LOWEST DEDUCTIBLE THAT APPLIES TO ANY OF YOUR VEHICLES APPLIES TO THE ONE YOU RENT. THE COLLISION COVERAGE THAT APPLIES TO RENTAL VEHICLES IS SUBJECT TO ALL TERMS APPLYING TO COLLISION COVERAGE IN YOUR POLICY INCLUDING EXCLUSIONS. COVERAGES AND LIMITS OF LIABILITY PREMIUMS BY AUTO 1 2 A. LIABILITY BODILY INJURY EACH PERSON $ EACH ACCIDENT $ PROPERTY DAMAGE EACH ACCIDENT $ C. UNINSURED MOTORISTS: STACKED BODILY INJURY EACH PERSON $ EACH ACCIDENT $ UNDERINSURED MOTORISTS: STACKED BODILY INJURY EACH PERSON $ EACH ACCIDENT $ 100, 000 300,000 $ 172.00 150.00 100,000 $ 90.00 72.00 i00,ODfl 300,000 $ 49.00 49.00 ioo,ooo 300,000 $ 35.00 35.00 CC+UNTERSIGNED SY ~- AUTHORIZED AGENT --CONTINUED ON PAGE 2---- 000000 FORM A-+IS00-0 (Ed. 2104} AV _ (~ ~. ~~ ~"` . DEC~,ARATIONS (CONTINUED) POLICY NO. 55 PHJ526189 ~~ NAMED INSURED: HAMILTON, JAMES AND DOROTHY D. DAMAGE TO YOUR AUTO AUTO AUTO OTHER THAN COLLISION 1 2 ACV LESS DEDUCTIBLE $FULL FULL COLLISION ACV LESS DEDUCTIBLE $ 500 500 TOWING & LABOR COSTS EACH DiSABLEMEN'T $ 50 50 1 2 ACV = ACTUAL CASH VALUE $ 59.00 27.00 $ 209.00 120.00 $ 6.00 6.00 FIRST PARTY BENEFITS: $ 152.00 143.00 ADDED MEDICAL EXPENSE BENEFIT UP TO $ 50,000 ADDED WORK LOSS BENEFIT UP TO $50,000 SUBJECT TO A MAXIMUM OF $2,500 PER .MONTH ADDED FUNERAL EXPENSE BENEFIT UP TO $2,500 EXTRAORDINARY MEDICAL BENEFITS $100,000 $ 9.00 9.00 --------------------------------------------------------- TOTAL PREMIUM EACH AUTO $ 781.00 611.00 --------------------------------- ------------------- ACCT NO. X TOTAL POLICY PREMIUM $ 1,392.00 LOSS PAYEE/ADDITIONAL INSURED AUTO PA STATE EMPLOYEE AUTO G M A C P1 PO BOX 67012 P2 P O BOX 674 HARRISBURG PA 171067012 MINNEAPOLIS MN 55440 FORMS AND ENDORSEMENTS NOW MADE PART OF THIS POLICY: A-504fl-1 LIFETIME CONTINUATION AGREEMENT A-5260-1 WAIVER OF COLLISION DEDUCTIBLE A-5261-0 SUPPLEMENTAL DEATH BENEFIT ENDORSEMENT A-5719-0 COVERAGE FOR DAMAGE TO YOUR AUTO EXCLUSION ENDORSEMENT A-5579-2 LIMITED MEXICO COVERAGE A-5897-0 PERSONAL AUTO INSURANCE PROGRAM SPECIAL EXTENSIONS OF COVERAGE A-5701-5 PENNSYLVANIA SURCHARGE DISCLOSURE STATEMENT A-5995-0 ENHANCED VALUE ENDORSEMENT - DIMINISHING COLLISION DEDUCTIBLE A-5904-4 AMENDMENT OF POLICY PROVISIONS - PENNSYLVANIA A-6075-0 ENHANCED COV PERM INSTALL AUDIO VISUAL DATA REC TRANS EQUIP THE AUTOS DESCRIBED IN THIS POLICY ARE PRINCIPALLY GARAGED AT THE ADDRESS SHOWN ON PAGE 1 RATING INFORMATION: STACKED UM/UDM FULL TORT APPLIES FORiYI A-~8Q0-@ (Ed. 2104) AV DECLARATIONS (CONTINUED) POLICY NO. 55 FHJ526189 NAMED INSURED: HAMILTON, JAMES AND DOROTHY * PLEASE NOTE THE FOLLOWING ITEMS ARE ENCLOSED FOR YOUR REVIEW: PLIMH-2071 ACCOUNT CREDIT CAF-1863-3 NOTICE OF TORT OPTIONS DRA-1014-2 PENNSYLVANIA SURCHARGE DISCLOSURE STATEMENT DRA-769-0 ANTI-FRAUD NOTICE DRA-900-3 NOTICE TO POLICYHOLDER Because a vehicle is equipped with an air bag safety feature your policy premium has been reduced. Because a vehicle is protected by an anti-theft device, we were able to give you an additional credit. You have insured more than one vehicle on your policy and have received a multi-car premium reduction. Call us toil-free at 1-800-423-6789 if you have any questions or changes to your policy. if you're ever in an accident ... report it right away! Put the resources, reputation and resolve of The Hartford to work for you immediately! Call 1-877-805-9918. DRIVER INFORMATION NO. NAME DOB MS SEX OCC LIC # DT LIC 1 HAMILTO~I,JAMES R 040743 M M RETIRED 11947986 PA 040759 2 HAMILTON,DOROTHY L 032546 M F ACCOUNTANT 18988938 PA 032562 04-09-12 04-09-12 04-09-12 FORM A-4~0-0 {Ed. ?109} AV CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all coursel of record via postage prepaid first class United States mail addressed as follows: Brigid Q. Alford, Esquire Marshall, Uennehey, Warner, Coleman & Coggin 420 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: ~ J ~ ~ ~ ~' ,. , ~ ~ r ' ~~.. Michelle M. Milojevich 512613 OF THE PROTHONOW`tY 201'3 APR 29 PM 313 CUMBMAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Michael E.Kosik,Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 Attorneys for Plaintiff(s) E-mail: mkosik @angino-rovner.com DOROTHY HAMILTON IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNA. V. CIVIL ACTION - LAW NO. 12-2162 DAVID DRAKE, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. A ER,P,C.. ichael squire I.D.No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 524194 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Allison L. Krupp,Esquire Marshall,Dennehey, Warner,Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 r Michelle M. Milojevich Dated: 4/26/13 524194