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Home My WebLink About04-5207IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C4 - .';167 Civil Action - ( X ) Law ) Equity Robert Esworthy and Judy Esworthy, his wife, 283 Burn Hill Road Shermansdale, PA 17090 Versus Plaintiff(s) & Addresses JURY TRIAL DEMANDED Daniel S. Wilson t/d/b/a Wilson Mechanicals 115 Old York Road Dillsburg, PA 17019 Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to( ) Attorney (X )Sheriff Timothy A. Shollenberqer, Esq. Shollenberqer & Januzzi, LLP 1820 Linqlestown Road Harrisburq, PA 17110 (717) 234-3700 Names/Address/Telephone No. of Attorney Si /rf orn Supreme Court ID No. 34343 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAV COMMENCED AN ACTION AGAINST YOU. 0 Prothonotary Date: Deputy ( ) Check here if reverse is issued for additional information 7 C SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs ROBERT ESWORTHY and JUDY ESWORTHY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED 0"ECIPE FOR CHANGE OF ADDRESS OF COUNSEL FOR PLAINTIFFS' ' , TO THE PROTHONOTARY: Please be advised that the address of the undersigned counsel has changed to the following: Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 (717) 728-3200 FAX: (717) 728-3400 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: T' otX43 Sh enbe r D# 3 Date: j Z • ?.O? SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY • ENOLA, PA 17025 (717) 728-3200 - FAX (717) 728-3400 And now, this day of Neveynl%r, 2004, 1 hereby certify that a true and correct copy of the foregoing Praecipe for Change of Address for Counsel for Plaintiffs has been served upon the following via U.S. Mail: Daniel S. Wilson t/d/b/a Wilson Mechanicals 115 Old York Road Dillsburg, PA 17019 SHOLLENBERGER & JANUZZI, LLP By: Ti thy . S lenb ger I.D. #34343 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY • ENOLA, PA 17025 (717) 728-3200 • FAX (717) 728-3400 t`? ?.? i r."-'.?- ? ?7 Q p ?.. i7 !--) ._{ '[?,'J - iti a ... . :f...? _::? !>t C:? `?. 4 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT ESWORTHY and JUDY ESWORTHY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEATH The death of Robert Esworthy, a party to the above action, during the pendancy of this action is noted upon the record. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Ti t y A. Shollenberger, Esquire Attorney for the Deceased Party 2225 Millennium Way Enola, Pa 17025 SHOLLENBERGER 8 JANUZZI, LLP 2225 MILLENNIUM WAY • ENOLA, PA 17025 (717) 728-3200 • FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (7`17)728-3400 Attorneys for Plaintiff ROBERT ESWORTHY and JUDY ESWORTHY, his wife, Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thisanci day of March, 2005, 1 hereby certify that a true and correct copy of the foregoing Notice of Death has been served upon the following via U.S.Mail: Daniel s. Wilson t/d/b/a Wilson Mechanicals 115 Old York Road Dillsburg, PA 17019 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ?/Px Z?4e" By: Ti of II er r ire 2 SHOLLENBERGER& JANUZZI, LLP 2225 MILLENNIUM WAY • ENOLA, PA 17025 (HR) 728-32W • FAX J717) 728-34D n ?, ?_. _? -? ;= „- .... 4__ :.. -, `., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-05207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESWORTHY ROBERT ET AL VS WILSON DANIEL T/D/B/A WILSON M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT WILSON DANIEL S T/D/B/A but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 30th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County So answers.. . 18.00 9.00 10.00 R. Thomas Kline 56.00 Sheriff of Cumberland County .00 93.00 11/30/2004 SHOLLENBERGER & JANUZZI Sworn and subscribed to before me this day of A.D. L-1, , lX 6 . ?j 4 Prothonotary WILSON MECHANICALS to wit: in his bailiwick. He therefore COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST.,YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSrTRWTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ 2 COURT NUMBER Robert Esworthv et al 4-5207 riyil 3 DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Daniel S. Wilson t/d/b/a Wilson Mechanicals i Writ of Summons -S ( ? SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Daniel S. Wilson t/d/b/a Wilson Mechanicals 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWIP, STATE AND ZIP CODE) AT 115 Old York Road Dillsburg,JA 17019 7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE 41DEPUTIZE G C€RT. n1L U 1ST CLASS MAIL U POSTED U OTHER NOW _ October 21 2004 I, SHERIFF OF OW COUNTY, P , do hereby de a the sheriff of York COUNTY to execute r d m t ,according to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Please mail return of se?ryice to Cupbe 11 County Sheriff. Cumberland- -r- Thank you. cxa V NOTE: ONLY APPLICABLE ON WRIT OF E CUTION: . WAIVER OF CHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in session, after not person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. • • • •..?.•.? T.a i+vu.?cw vn i 1 VRI9C T vnivmr, i vrt area ansnv uKt 10. TELEPHONE NUMBER 11. DATE FILED TIMOTHY SIIOLLFI?T13I?„G#. 1°20 LINGLESTOWN RD. I13G, P^ 17. 10 234-3700 10-1°-04 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed 4 nonce is to be mailed). Gina' erlar)d Co SjjE, R TFF SPACE BELOW FOR USE OF THE SHERIFF DO NOT WRITE OW TM LU+E 13. 1 acknowledge receipt of the writ 1 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. Al I R E NS 10- 2 2- 04 11-17-04 16. HOW SERVED: PERSONAL ( RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESSPE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dat of ervice 20 Time of Se ce 21 ATTEMPTS Date Time Miles Int. Date Time M es Int. Date Time Miles Int. Date Time Miles Int. Date Time it Int Date Time Miles Int 115 Ta-7 l (A `4? fit,.. 7? 22. REMARKS: i4?1 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27 Postage 25_. _Sub Total 29. Pound 30. Notary 31. Surchg. 32 Tot. Cost 33 Cost or Relu Check No 7 5.00 O - 5f? 00 3 34. Foreign County Cos 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed t?p re me this J ANSWERS NOV , 0, . 2 42, day of 20 _ 43 -FIVIMMY / NOy RY - 44. Signature of Sheriff 45. j 46. Signature of York 47. AT IiOSD 1.5-04 48. Signature of Foreign 49 DATE County Sheriff - - ----- ---.. ....? 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Shenfrs Office 4. BLUE - Shenfrs Office SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED VOLUNTARY SUBSTITUTION OF JUDY L. ESWORTHY PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT ESWORTHY AS A PARTY PLAINTIFF' 1. 1 Judy L. Esworthy, Personal Representative of the Estate of Robert Esworthy am the successor in interest of Robert Esworthy, who is a plaintiff herein, and desire to substitute myself for Robert Esworthy as a plaintiff herein. 2. The material facts on which my right of succession and substitution is based are as follows: Robert Esworthy passed away on February 21, 2005. As wife of Robert Esworthy, I was appointed Administrator of the Estate of Robert Esworthy on April 8, 2005. A copy of the Short Certificate - Letter Testamentary is attached as Exhibit "A". 3. 1 do hereby voluntarily substitute myself as a plaintiff herein in the place and stead of Robert Esworthy. SiggAture Successor 2$3 Burn Hill Rd. Shermansdale, PA 17090 Date: SHORT CERTIFICATE - LETTERS TESTAMENTARY COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF PERRY Estate No: 5005-0072 I, Wendy M. Welfley in and for the County of Perry, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 8th day of April, 2005 LETTERS TESTAMENTARY on the Estate of ROBERT W ES WORTHY deceased, were granted to Judy L. Esworthy having first been qualified well and truly to administer the same. And I further certify that no revocation of said Letters appears of record in my office. Date of Death February 21, 2005 Given under my hand and seal of office this Social Security No. 199-05-7242 8th day of April. 2005 ?L?.?? epu ? Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL 11 EXHIBIT ?- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff ROBERT ESWORTHY and JUDY ESWORTHY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this3rd_ day of May, 2005, 1 hereby certify that a true and correct copy of the foregoing Voluntary Substitution has been served upon the following via U.S.Mail: Daniel S. Wilson t/d/b/a Wilson Mechanicals 115 Old York Road Dillsburg, PA 17019 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By. A. ShoXnbefger, Esquire ?? N C > ?) 'ti I?: ?' t ??i":1 L" ?. ?.? C.J ?.J -? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Robert Esworthy and Judy Esworthy, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. Daniel S. Wilson t/d/b/a Wilson Mechanicals, Defendant CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. JOHN-SON, DUFFIE, STEWART & WEIDNER DATE: ///-) /0_5 ffeFson J. Shipman,lEsgi h . #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on November 7, 2005: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs JOHNWN, DUFFIE, STEWART & WEIDNER 7 er"sdfi J. Shipman, Ifsquire I . #: 51785 3 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 262424 r^ ^ I ;iCi Ci) :.y 1 ... CID - Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Robert Esworthy and Judy Esworthy, his wife, Plaintiffs V. Daniel S. Wilson t/d/b/a Wilson Mechanicals, Defendant TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED PRAECIPE PLEASE issue a Rule upon the Plaintiffs to file a Compliant within twenty (20) days after service hereof, or suffer judgment of non pros. JOFN, DUFFIE, STEWART & WEIDNER DATE: J,gfferson J. Shipman, Esgt #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant RULE TO: Timothy A. Shollenberger, Esquire, Shollenberger & Januzzi, LLP, 2225 Millennium Way, Enola, PA 17025, Attorney for Plaintiffs A Rule is hereby issued upon Plaintiffs to file a Complaint within twenty (20) days of service hereof, or suffer judgment of non pros. Protho otary / DATE: ?jU ?t oZDOS 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on November 7, 2005: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiffs DUFFIE, STEWART & WEIDNER 7 erson J. Shipman, Esgi #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 262422 r.? ,^y <`1 =rt C',. _ .-t T ^?'? {Tt ?-? ,.... `Cl ?.i ? ?? ??? G7 ?.: i fl ?5 ..? ' ?? 4., SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED USTED HA SIDO DEMANDADO/A EN CORTE. S usted desea defenderse de las demandas que se presentan mas adelante en Ias siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELEFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMACI6N A CERCA DE C6MO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COUNTI And now, comes the Plaintiff, Judy Esworthy, Individually and as Administrator of the Estate of Robert Esworthy, Deceased, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. Plaintiff, Judy Esworthy, is an adult individual who currently resides at 283 Burn Hill Road, Shermansdale, Perry County, Pennsylvania. 2. Plaintiff, Robert Esworthy passed away on February 21, 2005. 3. On May 5, 2005 Plaintiff, Judy Esworthy, as the personal representative of the Estate of Robert Esworthy, substituted herself as the Plaintiff in place of her deceased husband, Robert Esworthy, by virtue of Letters Testamentary granted by the Court of Common Pleas of Perry County on April 8, 2005. A copy of a Voluntary Substitution and the Short Certificate, Letters Testamentary are attached hereto as Exhibits A and B. 4. Defendant, Daniel S. Wilson, t/d/b/a Wilson Mechanicals, is an adult individual whose last known address 115 Old York Road, Dillsburg, York County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on May 1, 2003 at or about 2:10 p.m. on Wertzville Road (S. R. 944) and Keystone Drive (S.R. 114). 6. At the aforesaid time and place, Plaintiff, Judy Esworthy, was the operator of a 1999 Ford Explorer. 7. At the aforesaid time and place, Defendant, Daniel S. Wilson was the operator of a 1993 short utility vehicle. 8. At the aforesaid time and place, the Plaintiff, Judy Esworthy, was operating the 1999 Ford Explorer west on Wertzville Road. 9. At the aforesaid time and place, Robert Esworthy was a passenger in the vehicle being operated by the Plaintiff, Judy Esworthy. 10. At the aforesaid time and place Defendant, Daniel S. Wilson, was operating the 1993 short utility vehicle South on Keystone Drive, attempting to cross Wertzville Road onto Route 114. 11. The intersection of Keystone Drive and Wertzville Road is governed by a traffic signal. 12. Defendant, Daniel S. Wilson, drove the 1993 short utility vehicle into the intersection when the light was red for traffic proceeding south on Keystone Drive whereupon the vehicle he was operating collided with the vehicle being operated by Plaintiff, Judy Esworthy. 13. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Daniel S. Wilson, in operating the 1993 short utility vehicle in a careless, reckless, manner as follows: a. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls. b. In failing to properly observe traffic signals controlling defendant's direction of travel. c. In failing to stop his vehicle when facing a steady red traffic control signal in violation of Section 3112(a)(3)(i) of The Pennsylvania Motor Vehicle Code. COUNT II JUDY ESWORTHY vs. DANIEL S. WILSON. T/D/B/A WILSON'S MECHANICAL 14. Paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 15. As a result of the aforesaid collision, Plaintiff, Judy Esworthy has suffered serious and permanent injuries, including, but not limited to the following: a. Aggravation of previously asymptomatic bilateral carpal tunnel syndrome; b. Peripheral nerve entrapment; c. Neuropathy; d. Bruising on chest, sternum, left knee, right hip and abdomen; e. Cervical/thoracic sprain and strain; f. Fibromyositis; g. Left shoulder acromial bursitis; h. Aggravation of degenerative disc disease of the cervical spine; i. Right upper extremity and shoulder injury; j. Emotional upset ; k. Peripheral nerve entrapment neuropathy; and 1. Cervical radiculopathy. 16. As a direct and proximate result of the aforesaid injuries, Plaintiff, Judy Esworthy, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, Judy Esworthy, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, Judy Esworthy, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, Judy Esworthy, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 20. As a further result of this collision, Plaintiff, Judy Esworthy, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa.C.S.A. Section 1719. 21.As a further result of the aforesaid injuries, Plaintiff, Judy Esworthy, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 22. Plaintiff, Judy Esworthy, was the named insured on a policy of insurance issued to her by Safe Auto, bearing policy number APA 2592890 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated herein as Exhibit C. Therefore, Plaintiff, Judy Esworthy, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Judy Esworthy, demands judgment against Defendant Daniel S. Wilson, t/d/b/a Wilson's Mechanical for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III JUDY ESWORTHY AS ADMINISTRATOR OF THE ESTATE OF ROBERT ESWORTHY V. DANIEL S. WILSON T/D/B/A WILSON'S MECHANICAL 23. Paragraphs 1 through 22 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a result of the aforesaid collision, Robert Esworthy suffered serious injuries, including, but not limited to the following: a. Left brachioplexopathy; b. Left elbow tendonitis; c. Aggravation of arthritis of the left elbow; d. Partial tear or strain of the radial collateral ligament of the left elbow; e. Fibromyositis; f. Left shoulder injury with bone bruise of the humeral head in the area of the rotator cuff insertion and aggravation of arthritis of the glenohumeral joint; and g. Cellulitis of the right lower extremity with large anterior compartment abscess. 25. As a direct and proximate result of the aforesaid injuries, Robert Esworthy, had undergone great pain and suffering until the time of his death on February 21, 2005 for which damages are claimed. 26. As a further result of the aforesaid injuries, until the time of his death, Robert Esworthy sustained diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 27. As a further result of this collision, until the time of his death, Robert Esworthy incurred reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa.C.S.A. Section 1719. 28. As a further result of the aforesaid injuries, until the time of his death, Robert Esworthy incurred financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 29. Robert Esworthy, was the named insured on a policy of insurance issued to him by Safe Auto, bearing policy number APA 2592890 which was in effect on the date of the above referenced collision. Robert Esworthy selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated herein as Exhibit C. Therefore, Plaintiff, Robert Esworthy, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Judy Esworthy as the Administrator of the Estate of Robert Esworthy demands judgment against Defendant Daniel S. Wilson, t/d/b/a Wilson's Mechanical for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys f9r Plaintiff „ Z Z" ZZ By:. ? #34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED VOLUNTARY SUBSTITUTION OF JUDY L. ESWORTHY PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT ESWORTHY AS A PARTY PLAINTIFF 1. 1 Judy L. Esworthy, Personal Representative of the Estate of Robert Esworthy am the successor in interest of Robert Esworthy, who is a plaintiff herein, and desire to substitute myself for Robert Esworthy as a plaintiff herein. 2. The material facts on which my right of succession and substitution is based are as follows: Robert Esworthy passed away on February 21, 2005. As wife of Robert Esworthy, I was appointed Administrator of the Estate of Robert Esworthy on April 8, 2005. A copy of the Short Certificate - Letter Testamentary is attached as Exhibit "A". 3. 1 do hereby voluntarily substitute myself as a plaintiff herein in the place and stead of Robert Esworthy. ?? hJ Signature o Successor G? `- 283 Burn dill Rd. -, Shermansdale, PA 17090 _ Date: N SHORT CERTIFICATE - LETTERS TESTAMENTARY COMMONNKLALTN OF PENNSYLVANIA COUNTY OF PERRY ss. Estate No: 5005-0072 1, Wend} 1 9. Welfley in and far the County of Perry. in the Commonwealth of Pennsylvania, DO 14 hRE13Y CERTIFY that on the Sth day of April, 2005 LETTERS TESTAMENTARY on the Estate of ROBERT W ESWORTHY deceased, were granted to Judy L. I;sworthv having first been qualified well and truly to administer the same. And I further certify that no rev ocation of said Letters appears of record in my office. Date of Death February 21, 2005 Given under my hand and seat of office this Social Security No. 199-05-7242 8th day of April, 2005 - ?, Prcpu Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL 0 MAC C AV r 4`1 RCNEWAL DEi;LARATIONS a [?pRtp FULL TORT PERSONAL A POLICY If1SUf8nceTEIS D?ATIONS PAGE WITH POLICY FOR1[S AND ENDORSEMENTS COMPLETES THE POLICY. THIS POLICY WILL CONTINUE IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM, WHEN DUE. POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE AGENCY 1 PROD FROM o APA 2592890 03/15/03 091151 03 STATE AUTO PROP. CAS. 6687 00 NRMEO INSURED AND ROBERT W6 JUDY L ESWORTHY 283 BURN HILL RD SHERMANS DALE PA 17090 WILLIAM J MOORE INSURANCE PO BOX 310 NEW BLOOMFIELD PA 17068 TELEPHONE 717/582-2189 IF YOUR POLICY PROVIDES COLLISION COVERAGE FOR A COVERED AUTO IT WILL ALSO PROVIDE COLLISION COVERAGE FOR A NON-OWNED AUTO YOU RENT FOR SO DAYS OR LESS DURING THE POLICY TERM. NON-OWNED AUTO MEANS A PRIVATE PASSENGER AUTO, PICKUP, VAN OR "TRAILER" NOT OWNED BY OR FURNISHED OR AVAILABLE FOR THE REGULAR USE OF YOU OR ANY "FAMILY MEMBER". (NOTICE PROVIDED PER PA. ACT 63 OF 1990) VEHICLES COVERED ST TER YR MAKE-DESCRIPTION SER NUMBER SYM CLASS SIZE ST AM RATE TIER 1 PA 053 91 MERCU GRAND MARQ 2MECM75P4MX677937 07 818120 I MEDALIST 02 PA 053 99 FORD EXPLORER IFKZU34E4XZB78981 11 802120 I MEDALIST 03 PA 053 02 CHEVR BLAZER 1GNDT13W32K231696 11 802120 C MEDALIST COVERAGE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE COVERAGE LIM ITS OF LIABILITY PREMIUMS AUTO 1 2 3 A LIABILITY-BODILY INJURY L PROPERTY DAMAGE $ 300,000 EACH ACCIDENT 92.00 102.00 102.00 C UNINSURED MOTORISTS-NON STACKED BODILY INJURY $ 300,000 EACH ACCIDENT 14.00 12.00 16.00 C UNDERINSURED MOTORISTS-NON STACKED BODILY INJURY $ 300,000 EACH ACCIDENT 27.00 23.00 29.00 FIRST PARTY BENEFITS - MEDICAL EXPENSE BENEFIT UP TO $ 5,000 20.00 19.00 24.00 WORK LOSS BENEFIT UP TO $ 15 000 SUBJECT TO A MAXIMUM OF ? 1,000 PER MONTH INCL INCL INCL FUNERAL EXPENSE BENEFIT UP TO $ 2,500 INCL INCL INCL ACCIDENTAL DEATH BENEFIT $ 5,000 INCL INCL INCL D DAMAGE TO YOUR AUTO- ACTUAL CASH VALUE LESS DEDUCTIBLE OTHER THAN COLLISION $ 50 DEDUCTIBLE 23.00 38.00 43.00 COLLISION $ 250 DEDUCTIBLE 101.00 117.00 PRIME OF LIFE PLAN INCL INCL INCL TOTAL BY AUTO 176.00 295.00 331.00 TOTAL TERM PREMIUM $802.00 N wvm I *****CONTINUED ON NEXT PAGE*******PAGE 11 __ n0/£e'd TESL EHS LTL 'OS3 1NnE b WI-1-1IM TS:ST E00E-ZT-,kHW tiq'd ?d101 .?r ¦M¦ ( Mir 1n50I8f1c?pmspa3v???gg v CBTHIS DECLARATIONS THE POLICY. THIS INDICATED UPON VA I &MNMNAL ubl.LA0.A11 FULL TORT PERSONAL ^010 POLICY PAGE WITU POLICY FORMS AND ENDORSEMENTS COMPLETES POLICY WILL CONTINUE IN FORCE FOR THE PERIOD :.ID PAYMENT OF THE PREMIUM. WHEN DUE. 3 PWcY NUMBER POLICY PERIOD FROM TO APA 2592890 03/15/03 09/15/03 i NAMED INSURED AND ADDRESS 6 ROBERT W & JUDY L ESWORTHY 283 BURN HILL RD SHERMANS DALE PA 17090 COVERAGE IS PROVIDED IN THE STATE AUTO PROP. & CAS WILLIAM J MOORE INSURANCE PO BOX 310 NEW BLOOMFIELD PA 17068 TELEPHONE 717/582-2189 nCENCY ]PROO 6687100 *** YOUR STATE AUTO COMPANIES AUTO POLICY HAS BEEN DISCOUNTED AS SHOWN BELOW: ***PRIME OF LIFE DRIVER DISCOUNT OF 15% APPLIES TO DRIVER 2*** ***PRIME OF LIFE DRIVER DISCOUNT OF 152 APPLIES TO DRIVER 1*** PREMIUMS REFLECT AUTO/HOME DISCOUNT OF: 3 .00 52.00 57.00 PASSIVE RESTRAINT DISCOUNT HAS BEEN APPLIED TO AUTO 1,2,3 MULTI-CAR DISCOUNT APPLIED TO AUTO 1,2,3 SIZE OF CAR DISCOUNT APPLIED TO AUTO 1 2,3 ANTI-THEFT DISCOUNT APPLIED TO AUTO 2, PREMIUMS REFLECT SAFE DRIVER DISCOUNT FOR AUTO 1,2,3 ANTI-LOCK BRAKE DISCOUNT OF 5% APPLIED TO AUTO 2,3 DRIVER ID DRIVER NAME 01 ROBERT W ESWORTHY 02 JUDY L ESWORTHY FORM # DATE AUTO FORM DATE AUTO FORM DATE AUTO FORM DATE AUTO AU671 02/01 ALL PPOOOf 04/86 ALL PP0005 12/89 ALL PP0151 08/97 ALL PPAU23 06/92 ALL IL0910 01/81 ALL AU650 06/92 ALL AU154 01191 ALL AU0421 08/02 001 AU0417 08/02 001 PP0551 11/92 001 AU0421 08/02 002 AU0417 08102 002 PP0551 11/92 002 PP0305 08/86 002 AU0421 08/02 003 AU0417 08/02 003 PPO551 11/92 003 PP0305 08/86 003 0 0 r c m s h P N a a C r EC 0 0 0 0 0 0 s o•. 0 ?r tei70'd TZSL ZeS LTG 'nS3 1Nf1H b WbI-Idifl ZS:ST £00Z-ZT-.IHW VERIFICATION l KcS Z YS"ovc'rtx hereby acknowledge that I am a Plaintiff in this action and that ( have read the C ,C) 1r ) Q i %"i-- and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: H 9NOLLLN CWZX i ]AHVZLI. LLP 1310 LIB LX=w WAD • P.0. WS 40515 3 KAXAfM7 0. PA 17106'0515 (110) 134-1100 0 PAS ;0111 111.3:1] SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this c day of uV • , 2005 1 hereby certify that I have served the foregoing Complaint to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 7 By: /X Z -A Ti ) oIIen ger, Ft quire Y > ?'} 11 . .? _. 1 t ? l i1 ' .! V Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Robert Esworthy and Judy Esworthy, his wife, Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. Daniel S. Wilson t/d/b/a Wilson Mechanicals, Defendant CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. JOHN N, DUFFIE, STEWART & WEIDNER 7 Jefferson J. Shipman, Esquire I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: 717-761-4540 Attorneys for Defendant DATE: /I3/06" Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Robert Esworthy and Judy Esworthy, his wife, Plaintiffs V. Daniel S. Wilson t/d/b/a Wilson Mechanicals, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Daniel s. Wilson t/d/b/a Wilson Mechanicals, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and respectfully answers Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted upon information and belief. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. The averments contained in Paragraph 13, and subparagraphs a. to c., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNT II JUDY ESWORTHY v. DANIEL S. WILSON T/D/B/A WILSON'S MECHANICAL 14. Mr. Wilson incorporates herein by reference his answers to Paragraphs 1 through 13 above as though fully set forth herein at length. 15. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 and the same are therefore denied and strict proof demanded at the time of trial. 18. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 and the same are therefore denied and strict proof demanded at the time of trial. 22. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Daniel S. Wilson T/D/B/A Wilson's Mechanical, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT III JUDY ESWORTHY AS ADMINISTRATOR OF THE ESTATE OF ROBERT ESWORTHY v. DANIEL S. WILSON T/D/B/A WILSON'S MECHANICAL 23. Mr. Wilson incorporates herein by reference his answers to Paragraphs 1 through 22 above as though fully set forth herein at length. 24. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24, relating to Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. 25. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25 and the same are therefore denied and strict proof demanded at the time of trial. 26. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 26 and the same are therefore denied and strict proof demanded at the time of trial. 27. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 27 and the same are therefore denied and strict proof demanded at the time of trial. 28. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 28 and the same are therefore denied and strict proof demanded at the time of trial. 29. Denied. After reasonable investigation, Mr. Wilson is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 29, relating to Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Daniel S. Wilson T/D/B/A Wilson's Mechanical, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 30. That the Plaintiff's alleged cause of action may be barred in whole or in part by the applicable statute of limitations. 31. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 33. That if it should be found that there was any negligence on the part of Daniel S. Wilson t/d/b/a Wilson's Mechanical, which is specifically denied, then in that event any such negligence was not a proximate cause, nor factual cause of Plaintiff's alleged injuries. 34. That the Plaintiff's alleged injuries may have been pre-existing the date of this accident. 35. That the Plaintiffs may have failed to mitigate their injuries and damages as alleged, 36. That the Plaintiffs alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. 37. That the Plaintiffs alleged cause of action may have been caused by a superceding and/or intervening cause. WHEREFORE, the Defendant, Dennis S. Wilson t/d/b/a Wilson Mechanicals respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. 264312 Respectfully submitted, DATE: 11-3106 JOHNSON, DUFFIE, STEWART & WEIDNER Jefprson J. Shipman, Etgt Att rneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant VERIFICATION I, Daniel S. Wilson of Wilson Mechanicals, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. WILSON MECHANICALS Ui?mnM Wilson DATE: 264329 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on / O Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Je rson J. Shipman! Esquire 1.[X#: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Judy Esworthy, individually and as Administrator of the Estate of Robert Esworthy, deceased, by and through her attorneys, SHOLLENBERGER AND JANUZZI, LLP, files this Reply to New Matter of Defendant, Daniel S. Wilson, t/d/b/a Wilson Mechanicals (hereinafter "Defendants"), and, in support thereof, respectfully represents the following: Paragraphs 30 through 37 of Defendant's Answer and New Matter to Plaintiff's Complaint are incorporated herein by reference as set forth in full. 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 32. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 33. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 34. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 36. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 37. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 6 da of MM 2006 1 hereby certify that I have served the foregoing Reply t edM w Mattbr to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Ti y . oll erg r, E uir r> ?• ?? ? tl ?> ? __? t- `7' _- L.. t.. } ? ?? :,) ti% Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Robert Esworthy and Judy Esworthy, his wife, Plaintiffs V. Daniel S. Wilson Udfbla Wilson Mechanicals, Defendant TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, D FIE, STEWART & WEIDNER By Atto eys I.D. #: 51785 301 arket Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant DATE: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on 'S !o Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Qtit,+,.it.t.v Jeffer n J. Shipman, Esquire I.D. * 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 1: Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 Attorney for Defendant Robert Esworthy and Judy Esworthy, his wife, v. Plaintiffs Daniel S. Wilson t/d/b/a Wilson Mechanicals, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 04-5207 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff PLEASE TAKE NOTICE that Defendants intend to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objection is made, the subpoena may be served. JOH , DUFFIE, STEWA & WEIDNER By Jeff son J. Shipman, Esquire Atto neys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant DATE: % +_: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on MCI,- -3 ? de, 1, Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff JOH By DUFFIE, STEWART & WEIDNER I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 0. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Robert Esworthy and Judy Esworthy, Plaintiffs vs. File No. 04-5207 Daniel S. Wilson Ud/b/a Wilson Mechanicals, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Exchange (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records, correspondence, reports, including medical at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID 51785 ATTORNEY FOR: Defendants BY THE COURT: r hhoonotary/Clernk, Civil Division Deputy DATE: c5N. Seal of the Court (Eff.7{97) 7 ? Q -t 1 ... ? i ?l?_ CJ ??y LJ `7J - `: {_ JLAY ESWORTHY, Individually and as Administrator of the Estate of FUBERT Ems, Deceased, Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 52o7 20QtL RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. Sho I I enbe rge r , counsel for the plaintiffAtdombw in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Judy Esworthy-$50.000 Robert Esworthy-$50, 000 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anyone f rom the I aw f i nns of Sho I I enberger S J anuzz i , LLP, Eno I a PA or Johnson, Duffie, Stewart S Weidner, Lemoyne, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Timothy A. Shollenberger, I Shollenberger S Januzzi, LI 2225 Millennium Way Enola PA 17025 717-718-3200 AND NOW, , 200___, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY P # 3 ? O ro 6` d -c C=n rtI. sue' JIAY ESWORTHY, Individually and as Adninistrator of the Estate of FUBERT ESWOR HY, Deceased, Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON NECI-IAN I CALS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. NO. 5207 20_0 IL RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Timothy A. Sho I I enbe rge r , counsel for the plaintiff ftfa w in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $_ Judy E swo r t hy- $5 0.0 0 0 Robert E swo r t hy- $ 5 0 , 0 0 0 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anyone from the I aw f i n-ns of Sho I I enberger S Januzz i , LLP, Eno I a PA or Johnson, Duffie, Stewart S Weidner, Lemoyne, PA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Timotl Sholh 2225 P Enola 717-7: petition, Esq., an captione By Court, Y E AR B. BAYLEY -C A V S??? CASA s? C CIO e No?,o a? C?. C= -n ?7 . • 3 C) r , tOJ i =° CS JUDY ESWORTHY, individually and as IN THE COURT OF COMMON PLEAS OF Administrator of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ESWORTHY, deceased, Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS Defendant NO. 5207 2004 CIVIL NOTICE OF MEETING OF ARBITRATORS PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Monday, October 15, 2007, at 2:00 o'clock P.M. in the Old Courthouse, 2°d Floor Hearing Room, Carlisle, Pennsylvania. Date: ?--.3 1- Taylor P. Andrews, Esquire Dennis J. Bonetti, Esquire Philip C. Briganti, Esquire By: TO: Dennis J. Bonetti, Esquire 1011 Mumma Road, Ste 201 Lemoyne, PA 17043 Andrews, Chairman Philip C. Briganti, Esquire 74 West Pomfret Street Carlisle, PA 17013 Jefferson J. Shipman, Esquire 301 Market Street Lemoyne, PA 17043 Bulletin Board Prothonotary's Office Cumberland County Court House Carlisle, PA 17013 Timothy A. Shollenberger, Esquire 2225 Millennium Way Enola, PA 17025 Court Administrator's Office Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 p n Y- rn ? -0 F" t? 1 W ?? c Plainti ff Sew `??? S Defendant Oath In The Court of Common Pleas of Cumberland County, Pennsylvania No.?- .?ZD 7 Civil Action - Law. We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fi Si a iatuv i e DaMI 9v zr? Name (Chairman) Name Name Law Firm Address City, zip Law Firm Address City, Zip # /031 L dm Firm /0// Ailf lM o Ad Address ZtR4oIMf-,, ?A City, zip /01 I # i88g8 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded,, they shall b s ar tely tated.) V) ,e 7-Il.e Pr / 4'c n , ttr` Q 1t (eit tf? e cl ac aC?? S'dz? ?O ?lvs c?e ?ti ? .?ra .e was C-.Lk I(C4 /C-- ,0?rSJRN7L ?c? a C ?3? a??d a'S Cabv k 9,0- ' 23 F (C Date of Hearua.g: /'l d _ e 7 Date of Award: /N F -d 7 ^-!D'-10-41 96 ? rs u4 ? -/- D . Arbitrator, d ski ts. (Insert name if a r .,+1 s, , .? . 3.117 F 1 { Notice of Entry of Award ]P Now, the 36x` day of N py • , 20 , at : p 3 , p .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. A,kit, +,ors' compensation 1 la- to be paid upon appeal: S 350 . By: ?,_-?- Prothonotary Deputy &I lei f$k, CaP1es dies J Soo . ?71- ? p1 „I o? -? ? roo C..3 i r°r ? p 1 1 i- 2z SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO APPROVE` COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS AND NOW comes the Petitioner, Judy Esworthy, as the Testatrix of the Estate of Robert Esworthy and does hereby petition the Court as follows: 1. Your Petitioner, Judy Esworthy, is an adult individual who currently resides at 1814 Beach Parkway, Unit 201, Cape Coral, FL 33904. 2. The Petitioner is the personal representative of the Estate of her late husband, Robert Esworthy, by virtue of Letters Testamentary issued by the Court of Common Pleas of Perry County on April 8, 2005. A Short Certificate evidencing the grant of letters is attached hereto and incorporated by reference herein as Exhibit "A." 3. This petition is required by the provisions of 20 Pa.C.S. §3323. 4. Robert Esworthy received personal injuries in a motor vehicle collision that occurred on May 1, 2003, and was the subject of the above-captioned civil action. Robert Esworthy passed away during the pendency of the action from causes unrelated to the collision, and the Petitioner substituted herself as the representative of Robert Esworthy for purposes of the legal action. A copy of the Voluntary Substitution is attached hereto and incorporated by reference herein as Exhibit "B." 5. As a result of the aforesaid collision, Robert Esworthy sustained the following injuries: A. Aggravation of previously asymptomatic bilateral carpal tunnel syndrome; B. Peripheral nerve entrapment and neuropathy; D. Chest, sternum, left knee, right hip and abdomen bruising; E. Cervical/thoracic sprain and strain; F. Fibromyositis; G. Left shoulder acromial bursitis; H. Aggravation of degenerative disc disease of the cervical spine; 1. Emotional upset. 6. In connection with the treatment for his collision-related injuries, Robert Esworthy incurred recoverable medical bills totaling $4,187.39. All bills have been paid by insurance, and no liens have been asserted in conjunction with the payment of the bills. 7. Erie Insurance Company, the insurer of the alleged tortfeasor and his employer, offered $15,000.00 in settlement of Mr. Esworthy's claim. 8. Petitioner believes that said offer of settlement is fair and reasonable and should be accepted. 9. Erie and the Petitioner have agreed to the language of a proposed Release of All Claims against the Defendants named in the lawsuit. A copy of said Release is attached hereto and incorporated by reference herein as Exhibit "C." 10. Robert Esworthy's Last Will and Testament bequeathed all of his property to his wife, the Petitioner; there are no other beneficiaries to his estate. 11. Robert Esworthy had no dependents at the time of his death. 12. The Petitioner believes and therefore avers that 100 percent of the proceeds of the settlement be considered an asset of the estate for Pennsylvania Inheritance Tax purposes, although given the spousal exemption, no tax would be due. 13. There are no outstanding medical bills or funeral expenses related to this matter. 14. There are no minor beneficiaries to this settlement. 15. There are no incapacitated beneficiaries to this settlement. WHEREFORE, the Petitioner, Judith Esworthy, respectfully requests this Honorable Court approve the settlement, allocate 100 percent of the proceeds to the estate and allow the Petitioner to execute the Release which is attached hereto as Exhibit "C," and discontinue the above-captioned action. Dated: January2g 2008 Respectfully submitted, Attorney for G:1TIM CASE FILES- OPEN1Esworthy, RoberhPleadings1112807 PETITION FOR APPROVAL OF SETTLEMENT [cs].doc SHOLLENBERGER & JANUZZI, LLP SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACT ION - LAW JURY TRIAL DEMANDED VOLUNTARY SUBSTITUTION OF JUDY L. ESWORTHY PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT ESWORTHY AS A PARTY PLAINTIFF 1. I Judy L. Esworthy, Personal Representative of the Estate of Robert Esworthy am the successor in interest of Robert Esworthy, who is a plaintiff herein, and desire to substitute myself for Robert Esworthy as a plaintiff herein. 2. The material facts on which my right of succession and substitution is based are as follows: Robert Esworthy passed away on February 21, 2005. As wife of Robert Esworthy, I was appointed Administrator of the Estate of Robert Esworthy on April 8, 2005. A copy of the Short Certificate - Letter Testamentary is attached as Exhibit "A". 3. 1 do hereby voluntarily substitute myself as a plaintiff herein in the place and stead of Robert Esworthy. -1 Signature o Successor 283 Burn Hill Rd. - C-11 Shermansdale, PA 17090 Date: rv { 0 0 SHORT CERTIFICATE - LETTERS TESTAMENTARY COMMONWEALTH OF PENNSYLVANIA COUNTY OF PERRY 5S: Estate No: 5005-0072 I, Wendy M. Welfley in and for the County of Perry, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 8th day of April, 2005 LETTERS TESTAMENTARY on the Estate of ROBERT W ESWORTHY deceased, were granted to Judy L. Esworthy having first been qualified well and truly to administer the same. And I further certify that no revocation of said Letters appears of record in my office. Date of Death February 21, 2005 Given under my hand and seal of office this Social Security No. 199-05-7242 8th day of April, 2005 1 epu Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL i' t r i i f GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Judy Esworthy, Administrator of the Estate of Robert Esworthy, Deceased, intending to be legally bound hereby, and in consideration of the payment of Fifteen Thousand ($15,000.00) Dollars and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my agents, assigns, and heirs hereby remise, release and forever discharge, Daniel S. Wilson t/d/b/a Wilson Mechanicals, his executors, administrators, personal representatives, successors, agents, or his assigns and Erie Insurance Company, their officers, directors, workmen, employees, and insurers, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen injuries or damages relating to an accident which allegedly occurred on or about May 1, 2003, on Wertzville Road (S.R. 944) and Keystone Drive (S.R. 114) in Cumberland County, Pennsylvania, which resulted in the certain civil action filed in the Court of Common Pleas of Cumberland County to No. 04-5207, which is hereby discontinued. It is understood and agreed that this is the compromise of a disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the party released, and that the Releasee denies liability therefor and intends merely to avoid further litigation and buy his peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. It is further understood and agreed that each and every person, attorney, carrier, agency, entity or association which claims to have a lien or claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation, is aware of this Release and J its terms and I understand that said released party hereunder is relying expressly upon this unconditional express warranty in making payment hereunder. In further consideration of the above payment I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Daniel S. Wilson, t/d/b/a Wilson Mechanicals, his agents, employees, insurance carriers and attorneys from all claims, demands and suits for damages, costs, loss of services, expenses or compensation which I, my heirs, insurers, employers, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way growing out of the injuries or damages sustained by Robert Esworthy in this accident. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this day of 2008. WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Judy Esworthy, Administrator of the Estate of Robert Esworthy, deceased SS. On the day of 2008, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above named herein, and who executed the foregoing Release and have acknowledged to me that they voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. 318732 Notary Public 2 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 94- _ day of January, 2008, 1 hereby certify that I have served the foregoing Petition to Approve Compromise Settlement and Distribution of Proceeds to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Sh lenberger, Esquire, m ?; c.. , ?? ? ?r? ? ? ?, ?? ? _•? ? ?? wU+ 31 2ooeK ? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this 7 day of 6Anf , 2008, upon consideration of the attached Petition, it is hereby ordered that the Petitioner is authorized to enter into a settlement in the gross amount of $15,000.00, the entire sum of which shall be deposited into the Decedent's estate for distribution in accordance with the Pennsylvania Probate, Estates and Fiduciaries Code. Petitioner is authorized to sign a Release and to mark the matter settled, discontinued and ended as to the Respondents. BY THE COURT- c : Ti ?no thy A. Shollenberger, Esq. 'Jefferson J. Shipman, Esq. a/7?oS YNV/'OA'z- N Yid ££ :Z Wd L- 533 OGOZ Re'v` a ?._ 3Hi J4 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 7"day of 2008 1 hereby certify that I have served the foregoing Praecipe to Discontinue to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: L4= i Ti o by A. ho a ger, Esquire Shollenberger & Januzzi 2225 Millennium Way Enola, PA 17025 717-728-73200 2 x? C t ?-P `z. c? t t't G . "S7 -r Q ? 4,?Z SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Administrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued with prejudice as to the claims of Judy Esworthy individually ONLY. Respectfully submitted, SHOL E GER & JANUZZI, LLP By Ti thy . Shol e e ger, Esquire Attorney for Plaintiff x.0708 Dated: Shollenberger & Januzzi 2225 Millennium Way Enola, PA 17025 717-728-73200 1 ? r-? 0 t =n C v.?+? iY:R rs 3 1..0 4 t r Nk- SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Adminstrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, ended, and discontinued with prejudice as to the claims of Robert Esworthy individually. Respectfully submitted, oate mooz?, A(,,aoa SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff IF, ".,J. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-4300 Attorneys for Plaintiff JUDY ESWORTHY, Individually and as Adminstrator of the Estate of ROBERT ESWORTHY, Deceased Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5207 V. DANIEL S. WILSON, t/d/b/a WILSON MECHANICALS, Defendants AND NOW this0lb day of March 2008, 1 hereby certify that I have served the following Praecipe to Discontinue on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jefferson J. Shipman Law Offices of Johnson Duffie 301 Market Street Lemoyne, PA 17043 SHOLLENBERGER & JANUZZI, LLP By -. ?? e-a =art ?. c? ;_?_., ? : ..? '?, , .. -? T ? ? P` '? k ? ? ?: _? ' V? ?.. ?... ?? Yi F?' 4yiJJ1 '1 ' y