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HomeMy WebLinkAbout12-6511.. ~~ ~ J-..:J k: ,.. JOHNSON, DUFFIE, STEWART 8c WEIDNER By: Julia A. Phillips, Esquire I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail jap@jdsw.com . _.__ ~.~ ,..~i~~_j ~ P. " ~~ f n, a+ l ~ Attorney for Plaintiffs ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS KERRY YOUNG and KERRY YOUNG, as an individual, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION -LAW v. NO. 1~-~SI~ ~(V( ALTEC CAPITAL TRUST and ANTHONY SPROWLS. Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 '~~./ - r-.~t ~~p3.1 S ~~ l u~~qS ~~~ AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demands 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 falls de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o pro.piedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 JOHNSON, DUFFIE, STEWART ~ WEIDNER By: Julia A. Phillips, Esquire I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: japsw.com ERIE INSURANCE EXCHANGE a/s/o KERRY YOUNG, and KERRY YOUNG, as an individual, Plaintiffs, v. ALTEC CAPITAL TRUST and ANTHONY SPROWLS, Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Defendants. COMPLAINT AND NOW, come the Plaintiffs, Erie Insurance Exchange a/s/o Kerry Young and Kerry Young, as an individual, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and respectfully submit the following: 1. Plaintiff, Erie Insurance Exchange ("Erie"), is a Pennsylvania insurance company with a place of business located at 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Kerry Young, is an adult individual residing at 727 Medway Road, Hagerstown, Maryland 21740 3. At all relevant times, Kerry Young was insured by Erie. Mr. Young's 2004 Toyota Corolla was insured by Erie under policy number Q012004462M. 4. Defendant, Anthony Sprowls, is believed and therefore averred to be an adult individual residing at 251 Sparta Road, Prosperity, Washington County, Pennsylvania. 5. At all relevant times, i~efendant, Anthony Sprowls, was operating a 2008 GMC truck owned by Defendant, Altec Capital Trust, and insured by West Penn Power. 6. Defendant, Altec Capital Trust, is a Pennsylvania company with a place of business located at 313 South Seventh Street, Connellsville, Fayette County, Pennsylvania 15425. 7. On or about October 31, 2011, Kerry Young was operating his 2004 Toyota Corolla on State Highway 316 traveling north in the left lane in Guilford Township, Franklin County. Pennsylvania. 8 On or about October 31, 2011, Defendant, Anthony E. Sprowls, was operating Defendant Altec Trust's 2008 GMC truck traveling north in the right lane on State Route 316 in Guilford Township, Franklin County, Pennsylvania. 9 Suddenly, and without warning, Defendant, Anthony Sprowls, caused his vehicle to make alert-hand turn from the right lane of State Route 316 into the left lane directly in front of the individual Plaintiff's lane of travel with the apparent intention of making a U-turn to proceed onto State Route 316 south. 10. As a result of the Mr. Sprowls' attempt to make a left turn in front of the individual Plaintiff's vehicle, a collision occurred between the vehicles. 11. As a direct result of the collision, Mr. Young's 2004 Toyota Corolla sustained damage in the amount of $7,196.02. 12. Erie's insured, Mr. Young, was caused to pay a $500.00 deductible as a direct result of the collision. 13. As a direct result of the collision, the Plaintiffs sustained damages in the amount of $7,696.02. COUNT I -NEGLIGENCE Erie Insurance Exchange a/s/o Kerry Younq and Kerry Younq v. Anthony Sprowls 14 Paragraphs 1 through 13 of Plaintiffs' Complaint are incorporated herein by reference thereto as if fully set at length. 15. The above-referenced collision and damages were directly and proximately caused by the negligence of Anthony Sprowls in that he: a. failed to utilize reasonable care in the operation of the vehicle; b. failed to keep his vehicle under proper and adequate control so as to avoid striking the Young vehicle; c. failed to be alert and keep a proper lookout for other vehicles on the roadway; d. operated the vehirle inattentively without regard to the rights and safety of others; e. attempted to make aleft-hand turn in front the Plaintiff's vehicle without regard to the rights and safety of others including the Plaintiff; f. failed to merge into the left-hand lane with proper and adequate control; and g. failed to apply his brakes in sufficient time to avoid striking the Young vehicle. 16. As a direct and proximate result of Defendant, Anthony Sprowls' negligence, he struck the vehicle operated by Kerry Young, thereby causing damages in the amount of $7,696.02. WHEREFORE, Plaintiffs demand judgment against the Defendants in the amount of $7,696.02 together with interest, delay damages, and costs of suit as deemed appropriate. COUNT II -NEGLIGENCE/NEGLIGENT ENTRUSTMENT Erie Insurance Exchange a/s/o Kerry Young and Kerry Younq v Altec Capital Trust 1'7. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated by reference herein as if set forth in full. 18. As stated above, the vehicle driven by Defendant Anthony Sprowls, which struck the Young vehicle, was owned by Altec Capital Trust. 19. It is believed, and therefore averred, that Altec Capital Trust, as the owner of the vehicle. had control over the vehicle and permitted Anthony Sprowls to operate the vehicle on October 31, 2011. 20. It is believed, and therefore averred, that Altec Capital Trust knew or should have known that Anthony Sprowls was incompetent to operate the vehicle and likely to operate the vehicle in such a manner as to create an unreasonable risk of harm to the persons and property of others. 21. As a direct and proximate result of Defendant, Altec Capital Trust's, negligent entrustment of the vehicle to Anthony Sprowls as described, the collision between the vehicles occurred causing damages in the amount of $7,696.02. WHEREFORE, Plaintiffs demand judgment against the Defendants in the amount of $7,696.02 together with interest, delay damages, and costs of suit as deemed appropriate. COUNT III - NEGLIGENCENICARIOUS LIABILITY Erie Insurance Exchange a/s/o Kerry Young and Kerry Young v. Altec Capital Trust 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated by reference herein as if set forth in full. 23. At all relevant times, Defendant, Anthony Sprowls, was an employee, agent and/or servant of Altec Capital Trust. 24. At the time of the accident, Defendant, Anthony Sprowls, was operating a vehicle owned by Defendant, Altec Capital Trust. 25. Further, at the time of the accident, Anthony Sprowls was driving the vehicle in the course and within the scope of his employment, agency relationship, and/or master-servant relationship, with Defendant, Altec Capital Trust. 26. The negligence of Defendant, Anthony Sprowls, or in the scope of his employment, agency relationship, and/or master-servant relationship, caused damages in the amount of $7,696.02 and Defendant, Altec Capital Trust is vicariously liable. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against the Defendants in the amount of $7,696.02, together with interest, delay damages, costs and any other relief which the Court deems proper. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. J ia~ . Phillipd Es uire Atto y I. D. No. 7256 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jap@jdsw.com Attorneys for Plaintiffs Date: October 18, 2012 VERIFICATION I, Kerry Young, hereby acknowledge that I am a Plaintiff in this action; that I have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: August 1~ , 2012 VERIFICATION I, Susan Hatch, an authorized representative of Erie Insurance, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statemE:nt is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities; f 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. X4804 .r'', ,° , ~, fr Susan Hatch, SCLA Erie Insurance ~ ~.~' ~~~ Date: August _, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~- j ~~, ~_ . r•., Sheriff _; ~ `" ° t~ ~ ~ ~ ~ `' =- _ ~gLlli,,, of ~:inar~r,, , ~ 1-~~~. ~~~THJP~? tt'-6i"1 '• Jody S Smith Chief Deputy ~~ ~~ ~~~ ~ ~ F~ ~; ~ ~' Richard W Stewart :~,~~S~K~,~~i~ ~t~UNT a Solicitor ``~~ ~ ~ ~ P EFdN S YLVr~ ~ i I~ Erie Insurance Exchange Case Number vs. Altec Capital Trust (et al.) 2012-6511 SHERIFF'S RETURN OF SERVICE 10/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Altec Capital Trust, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Fayette County, Pennsylvania to serve the within Complaint and Notice according to law. 10/22/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Anthony Sprowls, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Washington County, Pennsylvania to serve the within Complaint and Notice according to law. 11/02/2012 The requested Complaint & Notice served by the Sheriff of Fayette County upon Elena Kehres, General Manager, who accepted for Altec Capital Trust, at 313 S. Seventh Street, Connellsville, PA 15425. Gary D. Brownfield, Sr., Sheriff, Return of Service attached to and made part of the within record. 11/08/2012 The requested Complaint & Notice served by the Sheriff of Washington County upon Anthony Sprowls, personally, at 251 Sparta Road, Prosperity, PA 15329. Samuel Romano, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.45 November 16, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO SHERIFF .LAMES B. DALESSANDRO CHIEF DEPUTY Court Docket #: 2012-6511 County of Washington, Commonwealth of Pennsylvania ERIE INSURANCE EXCHANGE a/s/o KERRY YOUNG and KERRY YOUNG, as an individual vs. ANTHONY SPROWLS COURTHOUSE SQUARE SUITE 303 100 WEST BEAU STREET WASHINGTON, PA 15301 724-228-6840 FAx 724-223-4719 Sheriff File Number - 12003933 Affidavit of Service COMPLAINT I hereby CERTIFY and RETURN that on 11/8/2012 at 2:40 PM at SHERIFF'S OFFICE 100 W BEAU STREET ROOM 303 WASHINGTON, PA 15301 the within COMPLAINT, was served on ANTHONY SPROWLS, the defendant named therein, in the following manner: PERSONAL PERSON By delivering to and leaving with ANTHONY SPROWLS personally a true copy thereof, said person being known or identified to me as the person mentioned and described therein. SERVICE ATTEMPTS Date: 10/31/2012 @ 10:00 AM - 251 SPARTA ROAD PROSPERITY, PA 15329 Date: 11/6/2012 @ 11:00 AM - 251 SPARTA ROAD PROSPERITY, PA 15329 Date: 1 l/8/2012 @ 2:40 PM -SHERIFF'S OFFICE 100 W BEAL' STREET ROOM 303 WASHINGTON, PA 15301 Fees Received from Attorney: FIRST DEFENDANT BASE COST ($24.50) POSTAGE ($1.00) MILEAGE ($39.20) Total: $64.70 Attorney Name: ,ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Affirmed & Subscribed to before Me 11/9/2012 BRADY PASCOE, Deputy Sheriff No Publ ~JO"~~4~r1A~. S ~ ~~~Q-~ ~~ o ~ z~aUI.ETTe. i*ANI~.i.a, N~o ry ~~buc Sheriff of Washington County M commission ex ~"~a~hirr3t~f., '~Vashington County, PA y p i~0i?'tT1lSSIDfI ~XDifGS FP_i7f11AP"J 71 7f11d ,.- ~, ~~ , i~,~/~y' wr. ._ ;,~; q , ~• _. rayehe CounR' Courlhnuse CourtDocket# 12-6511 CIVIL County CUMBERLAND Gary D. Brownfield, Sr. Sheriff FAYETTE COUNTY Pennsylvania 61 East Main Street Uniontown, Pennsylvania 15401 TELEPHONE: 724-43-1295 -FAX: 724-430-4030 vs. ALTEC CAPITAL TRUST Z 2857 Affidavit of Service COMPLAINT I hereby certify and return that on Nov 2 2012 at 2:06PM I have personally served a COMPLAINT ON IILTEC CAPTIAL TRUST, DEFENDANT BY SERVING ELENA KEHRES, GENERAL MANAGER, WAREHOUSE & LOGISTIC, SERVED AT WEST PENN POWER CO Attorney Name: CUMBERLAND CO SHERIFF ONE COURTHOUSE SQUARE ROOM 303 CARLISLE, PA 17013 Costs $ 3 82 FURLONGNIDONISH Deputy Sheriff s~~~ GARY D. BROWNFIELD SR., SHERIFF FAYETTE COUNTY, PA Sworn I sub ed efore me ~~~ •ission Expires This day of ~Jl~--' F`~ ~ ,lanuary 201 ~ R0~': i~:. ':~g Prothonotary F ,;, . ~ ~sylvania RECEIVED FROM CUMBERLA D CO SHERIFF DATE 11/5/2012 RECEIPT NO. 33807 RECEIPT AMOUNT 39.82 RECEIVED BY TP PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE a/s/o ) CASE NO. 12-6511 KERRY YOUNG and KERRY YOUNG, ) as an individual, ) Plaintiffs, ) NOTICE OF APPEARANCE V. ) ) Filed on behalf of Defendants Anthony ANTHONY SPROWLS and ) Sprowls and West Penn Power Company WEST PENN POWER COMPANY, ) DEFENDANT REPRESENTED BY OUT Defendants ) OF COUNTY COUNSEL ONLY Counsel of Record for this Party: Joseph E. Starkey, Jr., Esq. PA I.D. No. 84997 80 Cabin Hill Drive Greensburg, PA 15601 T: (724) 838-6080 F: (234) 678-2515 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE a/s/o ) KERRY YOUNG and KERRY YOUNG ) as an individual, ) CASE NO. 12-6511 Plaintiffs, ) V. ) ANTHONY SPROWLS and ) WEST PENN POWER COMPANY ) Defendants. ) NOTICE OF APPEARANCE TO PROTHONOTARY/CLERK OF SAID COURT: Please enter the appearance of Joseph E. Starkey, Jr., Esq., 800 Cabin Hill Drive, Greensburg, PA 15601 as counsel of record for the Defendants Anthony Sprowls and West Penn Power Company. Dated: March 25, 2013 ANTHONY SPROWLS and WEST PENN POWER COMPANY By: Jo E. Starkey,Jr., E q. A orney for Allegheny ower 800 Cabin Hill Drive Greensburg, PA 15601 T: (724) 838-6080 F: (234) 678-2515 PA ID. No. 84997 CERTIFICATE OF SERVICE 1,Joseph E. Starkey,Jr., Esq.,hereby certify that on March 25, 2013, 1 served a true and correct copy of the foregoing Notice of Appearance upon the following in the manner indicated: REGULAR U.S. MAIL Julia A. Phillips, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 JosegW. §raik'ev.Jr. `;DNSYCVA at]f"'T , NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE a/s/o ) CASE NO. 12-6511 KERRY YOUNG and KERRY YOUNG, ) as an individual, ) Plaintiffs, ) ANSWER AND NEW MATTER V. ) Filed on behalf of Defendants Anthony ANTHONY SPROWLS and ) Sprowls and West Penn Power Company WEST PENN POWER COMPANY, ) DEFENDANT REPRESENTED BY OUT Defendants. ) OF COUNTY COUNSEL ONLY Counsel of Record for this Party: NOTICE TO PLEAD ) Joseph E. Starkey, Jr., Esq. PA I.D. No. 84997 TO: Plaintiffs ) 80 Cabin Hill Drive You are hereby notified to file a written ) Greensburg,PA 15601 response to the enclosed NEW MATTER ) T: (724) 838-6080 within twenty (20) days from service ) F: (234) 678-2515 hereof or a judgment may be entered ) against ) sel for Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE a/s/o ) KERRY YOUNG and KERRY YOUNG ) as an individual, ) CASE NO. 12-6511 Plaintiffs, ) V. ) ANTHONY SPROWLS and ) WEST PENN POWER COMPANY ) Defendants. ) ANSWER AND NEW MATTER AND NOW come the Defendants, Anthony Sprowls and West Penn Power Company,by and through their undersigned counsel, and for their Answer and New Matter to Plaintiffs' Compaint, state as follows: ANSWER 1. Defendants admit, upon information and belief, the allegations of Paragraph 1. 2. Defendants admit,upon information and belief, the allegations of Paragraph 2. 3. After reasonable investigation, Defendants lack sufficient information to form a belief as to the truth of the allegations of Paragraph 3 and,therefore, deny them. 4. The allegations of Paragraph 4 are admitted. 5. With regard to the allegations of Paragraph 5, Defendants admit that, at the time of the incident described in Plaintiffs' First Amended Complaint, Mr. Sprowls was operating the truck identified in Paragraph 5. 6. The allegations of Paragraph 6 are admitted. 7. Defendants admit,upon information and belief, the allegations of Paragraph 7. 8. The allegations of Paragraph 8 are admitted. 9. The allegations of Paragraph 9 are admitted in part and denied in part. Defendants admit that Mr. Sprowls carefully and with due caution attempted to negotiate a U- Turn to proceed South on State Route 316. The remaining allegations of Paragraph 9 are denied in accordance with Rule 1029(e). 10. The allegations of Paragraph 10 are denied in accordance with Rule 1029(e). 11. The allegations of Paragraph 11 are denied in accordance with Rule 1029(e). 12. After reasonable investigation,Defendants lack sufficient information to form a belief as to the truth of the allegations of Paragraph 12 and,therefore,deny them. 13. After reasonable investigation, Defendants lack sufficient information to form a belief as to the truth of the allegations of Paragraph 13 and,therefore, deny them. COUNT 14. Defendants restate their answers to Paragraph 1 through 13 as if set forth herein in their entireties. 15. The allegations of Paragraph 15 and each of its subparts are denied in accordance with Rule 1029(e). 16. The allegations of Paragraph 16 are denied in accordance with Rule 1029(e). WHEREFORE,Defendants demand judgment in their favor and against Plaintiffs. COUNT II 17. Defendants restate their answers to Paragraph 1 through 16 as if set forth herein in their entireties. 18. Defendants admit the vehicle Mr. Sprowls was operating at the time of the collision was leased by West Penn Power Company from Altec Trust. The remaining allegations of Paragraph 18 are denied in accordance with Rule 1029(e). 19. Defendants admit that West Penn Power Company had control over the vehicle and permitted Mr. Sprowls to operate it on October 31,2011. The remaining allegations of Paragraph 19 are conclusions of law and are,therefore, denied. 20. Defendants deny the allegations of Paragraph 20 in accordance with Rule 1029(e). 21. Defendants deny the allegations of Paragraph 21 in accordance with Rule 1029(e). WHEREFORE,Defendants demand judgment in their favor and against Plaintiffs. COUNT III 22. Defendants restate their answers to Paragraph I through 21 as if set forth herein in their entireties. 23. With regard to the allegations of Paragraph 23,Defendants admit that, at the time of the incident described in Plaintiffs' First Amended Complaint,Mr. Sprowls was an employee, agent and/or servant of West Penn Power Company. 24. The allegations of Paragraph 24 are admitted. 25. The allegations of Paragraph 25 are conclusions of law and are,therefore,denied. WHEREFORE,Defendants demand judgment in their favor and against Plaintiff. NEW MATTER 26, The Plaintiffs' damages, if any,were caused in whole or in part by the comparative negligence of Kerry Young in failing to operate his vehicle in a safe manner. 27. Plaintiffs' claims are barred, in whole or in part, because Kerry Young had the last clear chance to avoid the collision but,nevertheless, failed to do so. 28. Plaintiffs fail to state a claim for Negligent Entrustment for which relief can be granted. 29. At the time of the collision, Plaintiff Kerry Young was operating his vehicle at an unsafe speed for conditions. 30. Prior to the collision, Kerry Young was operating his vehicle in the right north bound lane of State Highway 316 when he suddenly, and without warning, switched to the left north bound lane of State Highway 316 in an attempt to pass the vehicle being driven by Anthony Sprowls. 31. The acts of Plaintiff, Kerry Young, as described in Paragraph 30, caused and/or contributed to the accident. 32. At all times relevant, Anthony Sprowls was operating the West Penn Power vehicle in a reasonable manner. Dated: March 25, 2013 ANTHONY SPROWLS and WEST PENN P WER CO ANY By: Yeph E. Starke , Jr., Esq. ttorney for Alle wer 800 Cabin Hill Drive Greensburg, PA 15601 T: (724) 838-6080 F: (234) 678-2515 PA ID. No. 84997 VERIFICATION I, DANIEL W. ROMANO, JR., Claims Supervisor for West Penn Power Company, state that I have read the foregoing ANSWER AND NEW MATTER, and upon information and belief, I believe the facts and assertions contained therein, having been prepared with the assistance of employees and agents of West Penn Power Company upon which I have relied, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: PA a ti Z -Lo 1 3 Daniel W. Romano, Jr. CERTIFICATE OF SERVICE I, Joseph E. Starkey, Jr., Esq.,hereby certify that on March 25, 2013, I served a true and correct copy of the foregoing Answer and New Matter upon the following in the manner indicated: REGULAR U.S. MAIL Julia A. Phillips, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 J&4h E. Starkey, Jr. t }� 1 2013 APR -4 PM 1: 43 JOHNSON,DUFFIE,STEWART&WEIDN # Y 1FW By: Julia A. Phillips, Esquire Attorney for Plaintiffs I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jap @jdsw.com ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS KERRY YOUNG and KERRY YOUNG, as an individual, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION — LAW V. NO. 12-6511 ANTHONY SPROWLS and WEST PENN POWER COMPANY, Defendants. ACCEPTANCE OF SERVICE I, Joseph E. Starkey, Jr., Esquire, counsel for Defendants, Anthony Sprowls and West Penn Power Company, in the above-captioned matter, hereby accept service and acknowledge receipt of the First Amended Complaint filed by the Plaintiffs, Erie Insurance Exchange a/s/o Kerry Young and Kerry Young, as an individual, in the above-captioned action. I certify that I am authorized to accept service on behalf of Defendants, Anthony Sprowls and West Penn Power Company. seph E. Starkey, Jr., E uire Director, Claims FirstEnergy 800 Cabin Hill Drive Greensburg, PA 15601 Counsel for Defendant, West Penn Power Company Date: March e2013 531157 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Acceptance of Service has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 3, 2013, as follows: Joseph E. Starkey, Jr., Esquire Director, Claims FirstEnergy 800 Cabin Hill Drive Greensburg, PA 15601 Counsel for Defendants, Anthony Sprowls and West Penn Power Company JOHNSON, DUF I EWART &WEIDNER E BY: 4'L J is . P fillips, quire FILED-OFFICE OF THE PROTHONOTARY 2013 APR 12 PM 1: 29 CUMBERLAND COUNTY -PENNSYLVANIA JOHN$oN,DUFFIE,STEWART&WEIDNER By: Julia A. Phillips, Esquire Attorney for Plaintiffs I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717)761-4540 E-mail: jap@jdsw.com ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS KERRY YOUNG and KERRY YOUNG, as an individual, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION — LAW V. NO. 12-6511 ANTHONY SPROWLS and WEST PENN POWER COMPANY, Defendants. PLAINTIFFS' REPLY TO DEFENDANTS' NEW(MATTER AND NOW, come the Plaintiffs, Erie Insurance Exchange a/s/o Kerry Young and Kerry Young, as an individual, by and through their counsel, Johnson, Duffie, Stewart & Weidner, and file this Reply to the Defendants' New Matter as follows: 26. Denied. It is denied that the Plaintiffs' damages were caused in whole or in part by the comparative negligence of Kerry Young in failing to operate his vehicle in a safe manner. By way of further response, the allegations of Paragraph 26 sets forth a legal conclusion to which no response is required. 27. Denied. It is specifically denied that the Plaintiffs' claims are barred in whole or in part because Kerry Young had the last clear chance to avoid the collision, but failed to do so. 548676 By way of further response, the allegations of Paragraph 27 set forth a legal conclusion to which no response is required. 28. Denied. Paragraph 28 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 29. Denied. It is specifically denied that at the time of the accident Kerry Young was operating his vehicle at an unsafe speed for conditions. 30. Admitted in part; denied in part. It is admitted that Kerry Young was operating his vehicle in the right northbound lane of State Highway 316 until he noticed the vehicle driven by Anthony Sprowls turn into his lane of travel. Mr. Young then merged into the left northbound lane of travel to provide the Defendant room to enter. It is denied that Kerry Young operated his vehicle suddenly and without warning. 31. Denied. Paragraph 31 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 32. Denied. Paragraph 31 sets forth a legal conclusion to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. By way of further response, the Plaintiffs set forth all of their allegations contained in their First Amended Complaint as if fully set forth at length herein. 548676 WHEREFORE, Plaintiffs, Erie Insurance Exchange a/s/o Kerry Young and Kerry Young, as an individual, respectfully request that judgment be entered in their favor and against Defendants. Respectfully submitted, JOHNSON, DUFFIE, STEWART&WEIDNER By: J is . P illips, acre A om y I. . 0^ 256 30 arket Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jap@jdsw.com Attorneys for Plaintiffs Date: April 11, 2013 548676 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 11, 2013, as follows: Joseph E. Starkey, Jr., Esquire Director, Claims FirstEnergy 800 Cabin Hill Drive Greensburg, PA 15601 Counsel for Defendants, Anthony Sprowls and West Penn Power Company JOHNSON, DUFFIE, STEWART&WEIDNER BY: Jull i lips, squire 548676 I [ rkrt `1 (Jtttti , TM r� ;013"0-C,-;"-;11P1°;4°I: LI,O CUMBERLAND COUNTY PENNSYLVANIA JOHNSON,DUFFIE,STEWART&WEIDNER By: Julia A. Morrison, Esquire Attorney for Plaintiffs I.D. No. 307256 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jam @jdsw.com ERIE INSURANCE EXCHANGE a/s/o : IN THE COURT OF COMMON PLEAS KERRY YOUNG and KERRY YOUNG, as an individual, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : CIVIL ACTION — LAW v. : NO. 12-6511 ANTHONY SPROWLS and • WEST PENN POWER COMPANY, • Defendants. • PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, JOHNSON, D FFIE, STEWART &WEIDNER By: ;, � , 1'I7 . orrison, Esquire torney I.D. No. 307256 61 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jam @jdsw.com Attorneys for Plaintiffs Date: October 8, 2013 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 8, 2013, as follows: Joseph E. Starkey, Jr., Esquire Director, Claims FirstEnergy 800 Cabin Hill Drive Greensburg, PA 15601 Counsel for Defendants, Anthony Sprowls and West Penn Power Company JOHNSON, DUFFIE, STEWART &WEIDNER BY: O� is A. Morrison