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HomeMy WebLinkAbout13-3963 Supreme Court" of Pennsylvania Court o f Common Pleas For Prothonotary Use Only: C ivil "Cov Sheet Docket No: CUMB County 13 The inforntalion collected on this far is used solely for court administration purposes. This fornt does not supplement or replace the fi ling and service of pleadin,€7s or other papers Cis required by law or rules of court. Commencement of Action: S (] Complaint El Writ of Summons El Petition E Transfer from Another Jurisdiction M Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Estate of Marc C. Kornfeld, by Jennifer C. Kornfeld, Adrrij Hayden T. Werner I Are money damages requested? 9 Yes El No Dollar Amount Requested: Elwithin arbitration limits O (check one) noutside arbitration limits N Is this a Class Action Suit? El Yes E No Is this an MDJAppeal? Yes l No A Name of Plaintiff' /Appellant's Attorney: Hubert X. Gilroy, Esquire E� ("'h€€;k here, ifyou have €€ca a It €� €ne (a. €t .0 a Self-Represented JF'ro See l,iti„;astt) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 117 Buyer Plaintiff Administrative Agencies F7 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Qx Motor Vehicle Debt Collection: Other 0 Board of Elections E] Nuisance Q Dept. of Transportation S 0 Premises Liability Q Statutory Appeal: Other Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel/ Defamation Discrimination 0 C 0 Other: ( Employment Dispute: Other E] Zoning Board T Other: I f7 Other: O MASS TORT 0 Asbestos N rl Tobacco 0 Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: 0 Ejectment [] Common Law /Statutory Arbitration B F1 Eminent Domain /Condemnation rl Declaratory Judgment Ground Rent 0 Mandamus Landlord/Tenant Dispute E] Non - Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [7 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition Replevin El Legal M Quiet Title El Other: rl Medical 0 Other: E] Other Professional: Updated 1/1/2011 i Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 2013 JUL 1 PM 2: 1 0 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA Ten East High Street Carlisle, PA 17013 717 - 243 -3341 Attorneys for Plaintiffs ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C. KORNFELD, Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD,: Plaintiff V. : NO: 2013 - 3 7P� CIVIL TERM HAYDEN T. WERNER, Defendant 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 Plaintiffs. 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: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 (0 03. 1Z! C # .27iee FAFILES \Clients \14891 Kornfeld \14891.2 personal injury\] 4891.2.cotn Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717 -243 -3341 Attorneys for Plaintiffs ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C. KORNFELD, Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD,: Plaintiff V. : NO: 2013 - CIVIL TERM HAYDEN T. WERNER, Defendant : COMPLAINT AND NOW, comes the Jennifer C. Kornfeld, Administrator of the Estate of Marc C. Kornfeld, by and through her attorneys, MARTSON LAW OFFICES, and in support of her Complaint avers as follows: 1. Plaintiff, Jennifer C. Kornfeld, is an adult individual residing at 1104 Gregor Court, Mechanicsburg, Cumberland County, PA and is the Administrator of the Estate of Marc C. Kornfeld ( "Decedent "). 2. Marc C. Kornfeld died on August 4, 2012. 3. Jennifer C. Kornfeld was appointed the Administrator of the Estate of Marc C. Kornfeld on September 10, 2012, by the Cumberland County Register of Wills, No. 2012 - 00978. 4. Defendant, Hayden C. Werner, is an adult individual residing at 30 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 5. On or about August 4, 2012, Plaintiff's Decedent, Marc C. Kornfeld, was operating his 2009 Pontiac G6 in the northbound lane of West Rosegarden Boulevard, Upper Allen Township, Cumberland County, Pennsylvania. 6. At that time, Defendant Werner was operating a 2004 Saturn Ion in the eastbound lane on West Grantham Road, Upper Allen Township, Cumberland County, Pennsylvania. 7. At that time, the Plaintiff's Decedent's vehicle had stopped at a stop sign controlling the intersection of West Rosegarden Boulevard and West Grantham Road. 8. Plaintiffs Decedent then checked for oncoming traffic and after ensuring that it was safe to enter the intersection proceeded to cross West Grantham Road. 9. Defendant Werner, while traveling eastbound on West Grantham Road, was traveling at 67 mph. 10. The posted speed limit on West Grantham Road is 35 mph. 11. At the aforesaid time and place, Defendant Werner failed to stop his 2004 Saturn Ion, and collided with the vehicle operated by Marc C. Kornfeld. COUNT I - NEGLIGENCE JENNIFER C. KORNFELD. as ADMINISTRATOR OF THE ESTATE OF MARC C. KORNFELD v. HAYDEN T. WERNER 12. The averments of Paragraphs 1 through 11 of this Complaint are hereby incorporated by reference. 13. At all times relevant hereto, Defendant Hayden T. Werner owed a duty of care in the operation of the vehicle he was driving. 14. The collision was caused by the negligence, recklessness, carelessness and outrageous reckless indifference of Defendant Hayden T. Werner, in that he: a. Failed to keep his eyes on the traffic ahead; b. Drove at a speed in excess of the posted speed limit; C. Failed to apply his brakes in time to avoid a collision with the vehicle in front of him; d. Failed to operate and control his vehicle to the extent that he could bring it to a safe stop without colliding with vehicles in front of him; and e. Failed to operate his vehicle in accordance with existing traffic conditions. 15. The collision, which is described herein, caused the death of Marc C. Kornfeld, and was the direct and proximate result of the negligence of Hayden T. Werner. WHEREFORE, Plaintiff demands judgment against Hayden T. Werner in an amount in excess of the mandatory arbitration limits. COUNT II- WRONGFUL DEATH JENNIFER C. KORNFELD, as ADMINISTRATOR OF THE ESTATE OF NL4,RC C. KORNFELD v. HAYDEN T. WERNER 16. The averments of Paragraphs 1 through 15 of this Complaint are hereby incorporated by reference. 17. Plaintiff, in her capacity as administrator, personal representative, and as beneficiary, brings this claim for Wrongful Death against the Defendant pursuant to 42 Pa. C. S.A. §8301(b) and Pa. R.C.P. 2202. 18. Plaintiff's Decedent, Marc C. Kornfeld, did not bring any other action during his lifetime and no other action for the death of Marc C. Kornfeld has been commenced against the Defendant or any other persons. 19. The Plaintiff's Decedent, Marc C. Kornfeld, was survived by the following statutory beneficiaries: Name Address Relationship Jennifer C. Kornfeld 1104 Gregor Court Wife Mechanicsburg, PA 17055 Paul A. Kornfeld 306 Widders Drive Son Mechanicsburg, PA 17055 Sharon L. Simone 191 Keila Avenue Daughter Lewisburg, PA 17837 Daniel E. Kornfeld 101 Pelham Road Son Syracuse, NY 13214 20. This civil action is brought to recover, on behalf of the said statutory beneficiaries, damages legally available under the said Act of Assembly. 21. As a direct and proximate cause of the Defendant's aforesaid negligence, Plaintiff suffered and Defendant is liable for the following damages: a. Funeral expenses for the Decedent, Marc C. Kornfeld; b. Expenses to the Estate relating to the Decedent, Marc C. Kornfeld's death; C. The deprivation and injury as a result of the loss of support, comfort, counsel, aid, association, care, and services of the Decedent, Marc C. Kornfeld, sustained by Jennifer C. Kornfeld, Paul A. Kornfeld, Sharon L. Simone, and Daniel E. Kornfeld; and d. Such other relief as the Honorable Court deems appropriate in this wrongful death action. WHEREFORE, Plaintiff demands judgment against Defendants for all damages which would be recoverable under the Pennsylvania Wrongful Death Act plus interest and costs. COUNT III- SURVIVAL ACTION JENNIFER C. KORNFELD, as ADMINISTRATOR OF THE ESTATE OF MARC C. KORNFELD v. HAYDEN T. WERNER 22. The averments of Paragraphs 1 through 21 of this Complaint are hereby incorporated by reference. 23. In her capacity as Personal Representative of Marc C. Kornfeld, Plaintiff, Jennifer C. Kornfeld, brings this Survival Action pursuant to the Pennsylvania, Survival Act, 42 Pa. C. S.A. §8302 et seq. 24. This survival action is brought to recover all damages legally recoverable by the Estate of Marc C. Kornfeld under the Pennsylvania Survival Act. 25. As a direct and proximate cause of the carelessness, negligence, and wanton and reckless misconduct ofthe Defendant as set forth herein, the Plaintiff's Decedent, Marc C. Kornfeld, died due to the grievous injuries he sustained.. 26. As a direct and proximate cause of the carelessness, negligence, and wanton and reckless misconduct of the Defendant as set forth herein, the Plaintiff's Decedent, Marc C. Kornfeld, experienced intense pain, suffering and emotional distress prior to his death. 27. Said action for pain and suffering is compensable and survives the death of Marc C. Kornfeld. 28. By reason of the death of Marc C. Kornfeld, his Estate has been deprived of his earnings during the remainder of what would have been his life expectancy, less the cost of his personal maintenance. 29. As a direct and proximate cause of the Defendant's actions, Marc C. Kornfeld suffered and Defendant is liable to Plaintiff for the following damages: a. Decedent Marc C. Kornfeld's pain and suffering between the time of his injuries and the time of death; b. Decedent Marc C. Kornfeld's total estimated future earning power less his estimated cost of personal maintenance; C. Decedent Marc C. Kornfeld's loss of retirement and Social Security benefits; and, d. Decedent Marc C. Komfeld's loss of enjoyment of life. WHEREFORE, Plaintiff demands judgment against Defendant for all damages which would be recoverable under the Pennsylvania Survival Act plus interest and costs. COUNT IV - PUNITIVE DAMAGES JENNIFER C. KORNFELD, as ADMINISTRATOR OF THE ESTATE OF MARC C. KORNFELD v. HAYDEN T. WERNER 29. The averments of Paragraphs 1 through 28 of this Complaint are hereby incorporated by reference. 30. The actions of the Defendant were recklessly indifferent to the rights of Plaintiff and other motorists on the highway and constitute outrageous conduct on his part. WHEREFORE, Plaintiff demands judgment against Defendant for damages in excess of the mandatory arbitration limits, punitive damages, costs, delay damages and any other relief that the Court deems just and reasonable under the circumstances. MARTSON LAW OFFICES By: Hubert X. Gilr y, Esquire Attorney I.D. Vo. 29943 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Date: ��� `3 Attorneys for Plaintiff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r ennifer . Kornfeld Dated: < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. PRAECIPE FOR APPEARANCE HAYDEN T. WERNER, c� Defendant. Filed on behalf of: -�� DEFENDANT, ern cap HAYDEN T. WERNER C — � Counsel of Record for this party: JEFFREY A. RAMALEY,ESQUIRE Pa. I.D. #41559 ZIMMER KUNZ, PLLC Firm#920 The Grant Building 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 JURY TRIAL DEMANDED (412) 281-8000 1062819 9999.0700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. HAYDEN T. WERNER, Defendant. PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Kindly enter the appearance of JEFFREY A. RAMALEY, ESQUIRE and ZIMMER KUNZ, PLLC on behalf of the Defendant, HAYDEN T. WERNER in the above- captioned lawsuit. ZI , PLLC F REY A. LE , ESQUIRE ATT YS DE NDANT, HAYDEN T. WERNER 1062819 9999.0700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. HAYDEN T. WERNER, Defendant. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within PRAECIPE FOR APPEARANCE was forwarded to counsel below named by United States Mail on the 23`d day of July, 2013. Hubert X. Gilroy, Esquire Martson Deardorff Williams Otto Gilroy &Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 (Attorney for Plaintiff) WER , SQUIRE N ANT, HAYDEN T. WERNER 10628 19 9999.0700 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 20113 A U9 14 N All I " iN 0- 23 Richard W Stewart CUNBEF�LA�i[) CoUqp( Solicitor OFF!CC OF T14Z 0ER IF P PENlYsYLY41V Estate of Marc C. Kornfield by Jennifer C. Kornfield, Administrator of Case Number vs. Hayden 013-3963 yden T Werner SHERIFF'S RETURN OF SERVICE 07/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Hayden T Werner, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice and Plaintiffs First Request for Production of Documents according to law. 07/18/2013 10:06 AM-The requested Complaint&Notice served by the Sheriff of York County upon Robert Zweifel, Stepfather,who accepted for Hayden T Werner, at 30 Wooded Run Drive, Dillsburg, PA 17019. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, August 13, 2013 RbNO R ANDERSON, SHERIFF (c)CourqSufte Sheriff,'Toleosoft,inc- SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN,ESQ. Sheriff Solicitor F(e'uben B Zeager Richard E Rice,11 Chief Deputy, Operations Chief Deputy,Administration ESTATE OF MARC C. KORNFELD, by JENNIFER C. KORNFELD,ADMINISTRATOR Case Number OF vs. 201.3-3963 CIVIL HAYDEN T. WERNER SHERIFF'S RETURN OF SERVICE 07/18/2013 10:06 AM-DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE AND PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ROBERT ZWEIFEL, STEP FATHER,WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR HAYDEN T. WERNER AT 30 WOODED RUN DRIVE, DI LLSBURG, PA 17019. MICHAEL EfONOVAN, DEPUTY SHERIFF COST $44.47 SO RS, August 07,2013 RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial seal Sheila E.Cook,Notary Public City of York,York County MY Commission,Expires Feb.1 2027 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ----------- -------- ----------- -------- ----------- ---------------------- -------------------------- --------­­----------NOTARY Affirmed and subscribed to before me this 7TH day of AUGUST 2013 (c)CountySuite Sheriff,Teleosoft,Inc- t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. MOTION FOR APPROVAL OF CONFIDENTIALITY AGREEMENT HAYDEN T. WERNER, Defendant. Filed on behalf of: DEFENDANT, HAYDEN T. WERNER Counsel of Record for this party: JEFFREY A.RAMALEY,ESQUIRE Pa. I.D. #41559 ANJALI M. NAIR,ESQUIRE Pa. I.D. #309499 ZIMMER KUNZ,PLLC Firm#920 The Grant Building 310 Grant Street, Suite 3000 -, Pittsburgh, PA 15219 JURY TRIAL DEMANDED (412) 281-8000 m cz, CD { :2 C") (nr NI -7r 1083637 6456.2597 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. MOTION FOR APPROVAL OF CONFIDENTIALITY AGREEMENT AND NOW comes Defendant, HAYDEN T. WERNER,by and through his attorneys, JEFFREY A. RAMALEY, ESQUIRE, ANJALI M.NAIR, ESQUIRE and ZIMMER KUNZ, P.L.L.C, and files the within Motion and in support thereof sets forth the following: 1. This matter stems from a motor vehicle accident. 2. During discovery,Plaintiff requested that the Defendant produce the claims notes prepared and kept by Defendant regarding the subject. 3. Plaintiff and Defendant entered their Confidentiality Agreement whereby Defendant will agree to turn such claims notes over to the Plaintiffs and, in exchange, Plaintiff has agreed to the terms set'forth in the Confidentiality Agreement attached as Exhibit"A"hereto. 1083637 6456.2597 4. Defendant requests that this Honorable Court approve the Confidentiality Agreement and Protective Order enclosed herein for the same to be filed with the Court. Respectfully submitted, ZIM 1 R KL Z, P.L.,I/C. F ' A. L . L '4'; SQ IRE ANJALI M. NAIR, ESQUIRE ATTORNEY FOR DEFENDANT, HAYDEN T. WERNER 1083637 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within MOTION FOR APPROVAL OF CONFIDENTIALITY AGREEMENT was forwarded to counsel below named by United States Mail on the 24th day of October, 2013: Hubert X. Gilroy,Esquire Martson Deardorff Williams Otto Gilroy&Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 (Attorney for Plaintiff) ZI ER KUNZ, P .L.C. ' 1 • t_ i- Ar A ''EY,ESQUIRE A''JALI M. NAIR, ESQUIRE ATTORNEY FOR DEFENDANT, HAYDEN T. WERNER 1083637 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C.KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. CONFIDENTIALITY AGREEMENT HAYDEN T. WERNER, Defendant. Filed on behalf of: DEFENDANT, HAYDEN T. WERNER Counsel of Record for this party: JEFFREY A.RAMALEY,ESQUIRE Pa. I.D. #41559 ZIMMER KUNZ, PLLC Firm#920 The Grant Building 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 JURY TRIAL DEMANDED (412) 281-8000 EXHIBIT 1078656 6456.2597 "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER WHEREAS, Documents or information containing confidential, proprietary and business information and/or trade secrets (`Confidential Information') is likely to be disclosed or produced during the course of discovery in this litigation. WHEREAS, The parties to this litigation may assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the Confidential Information and could place that party at a competitive disadvantage. WHEREAS, To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the parties enter the following agreement and intend to be legally bound as follows: 1. Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as `Protected Documents.' Except as otherwise indicated below, all documents or discovery responses designated by the producing party as `Confidential' which are marked or stamped `Confidential' (or any similar designation) are entitled to confidential treatment as described below. 1078656 6456.2597 2. At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation of discovery material is appropriate, the party or parties receiving the Protected Documents shall certify to the Court that the parties cannot reach an agreement as to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party or parties disclosing or producing the Protected Documents shall have fifteen (15) days from the date of certification to file a motion for protective order with regard to any Protected Documents in dispute. The party or parties producing the Protected Documents shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment. If the party or parties producing the Protected Documents do not timely file a motion for protective order, then the Protected Documents in dispute shall no longer be subject to confidential treatment as provided in this Agreement. All Protected Documents are entitled to confidential treatment pursuant to the terms of this Agreement until and unless the parties formally agree in writing to the contrary, a party fails to timely move for a protective order, or a contrary determination is made by the Court as to whether all or a portion of a Protected Document is entitled to confidential treatment. 3. Protected Documents and any information contained therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as provided for below. 4. Protected Documents and any information contained therein shall be disclosed only to the following persons (`Qualified Persons'): 1078656 6456.2597 a. the parties to this action, including the Plaintiffs and current or former agents, servants or employees of Defendant who are deposed in this matter; b. Counsel of record in this action for the party or parties receiving Protected Documents or any information contained therein; c. Employees of such counsel (excluding experts, consultants, and investigators) assigned to and necessary to assist such counsel in the preparation and trial of this action; d. Any witness noticed for depositions or designated as trial witnesses, or any witness questioned during a deposition, hearing or at trial. A witness who is not a party or a representative of a party shall be furnished with a copy of this Agreement before being examined about, or asked to produce, Protected Documents and instructed that the Protected Documents are to be held strictly confidential; e. Any independent expert, consultant, or similar person who has been retained by counsel to provide assistance, expert advice, technical consultation, or testimony in this litigation, and the employees of such experts, consultants or similar persons when working in connection with this litigation under the direct supervision of said persons. All persons who are provided Protected Documents subject to this paragraph shall be provided a copy of the Agreement and instructed that the Protected Documents are to be held strictly confidential and that this Agreement is binding on them. All such persons shall agree to the provisions in this Agreement and execute the acknowledgement attached hereto as Exhibit"A". f. The Court and Court officials involved in this litigation (including Court reporters, persons operating video recording equipment at depositions and any special master appointed by the Court); g. Pursuant to a subpoena by a Court or administrative agency, subject to the terms of Paragraph 8 below; h. Any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper. 1078656 6456.2597 Protected Documents and any information contained therein shall be used solely for the prosecution and defense of this litigation. 5. The term `copy' as used herein means any photographic, mechanical, electronic, or computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of such document or thing. 6. Nothing in this Agreement prevents any party from using Protected Documents at a deposition, in motions, briefs, court hearings or at trial. To the extent that Protected Documents or information contained therein are used in depositions, at hearings, in motions, or at trial, such documents or information shall remain subject to the provisions of this Agreement, along with the transcript pages of the deposition testimony and/or trial testimony referring to the Protected Documents or information contained therein. The party seeking to designate pages of a deposition, hearing or trial transcript and exhibits thereto as confidential must, within 30 days after receiving the deposition, underline the portions of the pages of the transcript and any exhibits thereto that are confidential and mark such pages with the following legend: `Confidential, Subject to Confidentiality Agreement.' Until the expiration of the 30 day period, the entire deposition, hearing or trial transcript will be treated as subject to protection against disclosure under this Agreement. If no party timely designates confidential information in a deposition, hearing or trial, then none of the transcript or its exhibits will be treated as confidential. Prior to filing any Protected Documents with the Court, counsel agree to request that any Protected Documents submitted or presented to, or filed with,the Court shall be placed under seal and shall not be available to persons other than the Court and the persons authorized by this Confidentiality Agreement. 1078656 6456 2597 7. Any court reporter or transcriber who reports or transcribes testimony in this action shall agree that all `confidential' information designated as such under this Agreement shall remain `confidential' and shall not be disclosed by them, except pursuant to the terms of this Agreement, and that any notes or transcriptions of such testimony (and any accompanying exhibits)will be retained by the reporter or delivered to counsel of record. 8. If another Court or administrative agency subpoenas or orders production of Confidential Material that a party has obtained under the terms of this Agreement, such party shall within 10 business days of receipt of the subpoena and prior to disclosing documents pursuant to the subpoena notify the party or other person who designated the document as confidential of the pendency of such subpoena or order. 9. Nothing in this Agreement shall prevent or otherwise restrict counsel from rendering advice to their clients and, in the course thereof, relying generally on examination of Protected Documents. Counsel, however, shall not disclose Protected Documents to any client other than the Plaintiff in this Action. 10. Inadvertent or unintentional production of documents or information containing Confidential Information which are not designated `confidential' shall not be deemed a waiver in whole or in part of a claim for confidential treatment. 11. The party, parties or any other person receiving Protected Documents shall not under any circumstances sell, offer for sale, advertise, or publicize Protected Documents or any information contained therein. 12. After termination of this litigation, the provisions of this Agreement shall continue to be binding. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Agreement 1078656 6456.2597 following termination of this litigation. Nothing in this Agreement shall prevent any party or other person from seeking modification of this Agreement. 13. Within ninety (90) days after termination of this action by dismissal, judgment, or settlement, counsel for the party or parties receiving Protected Documents shall return the Protected Documents to the counsel for the party or parties disclosing or producing the Protected Documents. All copies of Protected Documents must be returned to the counsel for the party producing the documents or destroyed (including permanent and absolute deletion of any electronic or computerized document). The party or parties receiving the Protected Documents shall keep their attorney work product which refers or relates to any Protected Documents. Attorney work product may be used in subsequent litigation provided that such use does not disclose Protected Documents or any information contained therein. 14. This Agreement shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. By signing below, the attorney warrants that they have authority to execute on behalf of their client(s). 1078656 6456.2597 ESTATE OF MARC C. KORNFELD, by JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD / / ,- n� ubert X. Gilro;,Esquire Date Martson Dears..rff Williams Otto Gilroy : Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 • 1078656 6456.2597 HAYDE 1 RNER ___-q,/// i► i o-a 3 -c 2 /3 Jeffrey A. Ramal- squire Date The Grant Building 310 Grant Street, Suite 3000 Pittsburgh,PA 15219 1078656 6456.2597 • IT IS SO ORDERED this day of 2013. J. 1078656 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. ACKNOWLEDGMENT OF CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER I, the undersigned, have read the Confidentiality Agreement and Protective Order ("Agreement and Order") in the above-captioned case and I understand its content and agree to its terms, conditions, and provisions. I understand that I am barred from divulging to anyone the Confidential Information as defined in the Agreement and Order, provided to me or that of which I have, or will become aware as a result of discovery in this case. I understand that my responsibility extends to not divulging such confidential information to anyone else except as required to participate in the discovery process or at hearing or trial. I understand that this document is the"Exhibit A" referred to in the Agreement and Order. I also understand and agree that all Confidential Information provided to me is subject to the Agreement and Order and is to be treated as confidential and used only in this proceeding, and that I shall not make disclosure of any Confidential Information or other confidential or proprietary information disclosed to me, except as permitted by this Agreement and Order. I agree to be bound by the terms of the Agreement and Order and agree to subject myself to the jurisdiction of the Court of Common Pleas of Allegheny County for the purpose of enforcing 1078656 6456.2597 said Agreement and Order. I further understand that I may be held in contempt of Court, sanctioned, and fined if I violate the terms of the Agreement and Order. By: Print Name: Title: Address: Date: 1078656 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V y 1A V. C ? cam' yS ANSWER AND NEW MATTER ;•,:; co C-3 HAYDEN T. WERNER, Defendant. Filed on behalf of: , y n DEFENDANT, �� ...- HAYDEN T. WERNER -7 To: Plaintiff You are hereb t to file a written response to the Counsel of Record for this party:JEFFREY A. RAMALEY, ESQUIRE enclose w Matter with twenty(20)day of service here or a judgment may be ntered against you. Pa. I.D. #41559 LFFREYJ RAMAL sQut ZIMMER KUNZ, PLLC Firm#920 The Grant Building 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 JURY TRIAL DEMANDED (412) 281-8000 1066838 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. HAYDEN T. WERNER, Defendant. ANSWER AND NEW MATTER AND NOW comes the Defendant, HAYDEN T. WERNER, by his attorneys, JEFFREY A. RAMALEY, ESQUIRE and ZIMMER KUNZ, PLLC, and files the following Answer and New Matter to Plaintiffs Complaint and, in support thereof, avers as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraphs 1, 2, 3, 5, 17, 18, 19, 20, 23, 24 and 28 of Plaintiff s Complaint and, as such, same are deemed to be denied and strict proof thereof is demanded. 2. The averments contained in paragraphs 4, 6 and 10 of Plaintiff s Complaint are admitted. 3. The averments contained in paragraphs 7, 8, 9, 14, 21, 25, 26, 27and the first paragraph numbered 29 and paragraph 30 are denied. 4. The allegations contained in paragraph 11 of Plaintiff s Complaint are admitted in part and denied in part. It is admitted that on the approximate time and place set forth in Plaintiff s Complaint that there was a collision between a motor vehicle operated by this Defendant and a motor vehicle operated by another individual. Moreover, it is averred that the 1066838 6456.2597 accident in question occurred when the other motor vehicle suddenly and without warning entered into the path of this Defendant resulting in a collision which this Defendant could not avoid. 5. In response to paragraph 12, 16, 22 and the second paragraph numbered 29, which incorporate the preceding paragraphs of said Complaint, Defendant, in response thereto, incorporates herein by reference as if set forth at length the averments contained in this pleading. 6. The allegations contained in paragraph 13 of Plaintiff's Complaint constitute mere conclusions of law to which no responsive pleading is required. In the event it is determined that a response is required, Defendant incorporates herein by reference as if set forth at length the averments contained in this pleading. 7. The allegations of negligence contained in paragraph 15 of Plaintiff's Complaint are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in the aforementioned paragraphs of Plaintiff's Complaint and, as such, same are deemed to be denied and strict proof thereof is demanded. WHEREFORE, Defendant requests that judgment be entered in his behalf and against the Plaintiff. NEW MATTER 8. Plaintiff is barred from pleading,proving and/or recovering the amount of any benefits paid or payable as set forth in §§1719 and 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 1066838 6456.2597 9. Plaintiff's Complaint fails to state a claim on which relief may be granted as to the claim for punitive damages. 10. The motor vehicle accident in question occurred solely as a result of the decedent's negligence in failing to stop or otherwise yield the right-of-way at the intersection in question. WHEREFORE, Defendant requests that judgment be entered in his behalf and against all other parties to this action. ZIM. UNZ, JEFFRE A Y, ESQUIRE ATTORNEYS FO DEFENDANT, HAYDEN T. WERNER I II 1066838 6456.2597 VERIFICATION I, HAYDEN T. WERNER, have read the foregoing Answer and New Matter to Plaintiffs-, Complaint. The statements therein are correct to the best of my personal knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn fabrication to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. HAYD N T. WERNER Date: g 1111)3 i 1066838 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. HAYDEN T. WERNER, Defendant. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the within ANSWER AND NEW MATTER was forwarded to counsel below named by United States Mail on the 28th day of October, 2013. Hubert X. Gilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 (Attorney for Plaintiff) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 ZIMM777: � ) JEFF 4Y A. MALEW, E UIRE ATTO IZ-DEF NT, HAYDEN T. WE 1066838 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. CONFIDENTIALITY AGREEMENT HAYDEN T. WERNER, Defendant. Filed on behalf of: DEFENDANT, HAYDEN T. WERNER Counsel of Record for this party: JEFFREY A. RAMALEY,ESQUIRE Pa. I.D. #41559 ZIMMER KUNZ, PLLC Firm#920 The Grant Building 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 JURY TRIAL DEMANDED (412) 281-8000 C) rn ri t .i r (J)C'� - 7 C < ;1 "fit f 1 G:) Cr) -1 1078656 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER WHEREAS, Documents or information containing confidential, proprietary and business information and/or trade secrets (`Confidential Information') is likely to be disclosed or produced during the course of discovery in this litigation. WHEREAS, The parties to this litigation may assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the Confidential Information and could place that party at a competitive disadvantage. WHEREAS, To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the parties enter the following agreement and intend to be legally bound as follows: 1. Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as `Protected Documents.' Except as otherwise indicated below, all documents or discovery responses designated by the producing party as `Confidential' which are marked or stamped `Confidential' (or any similar designation) are entitled to confidential treatment as described below. 1078656 6456.2597 2. At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation of discovery material is appropriate, the party or parties receiving the Protected Documents shall certify to the Court that the parties cannot reach an agreement as to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party or parties disclosing or producing the Protected Documents shall have fifteen (15) days from the date of certification to file a motion for protective order with regard to any Protected Documents in dispute. The party or parties producing the Protected Documents shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment. If the party or parties producing the Protected Documents do not timely file a motion for protective order, then the Protected Documents in dispute shall no longer be subject to confidential treatment as provided in this Agreement. All Protected Documents are entitled to confidential treatment pursuant to the terms of this Agreement until and unless the parties formally agree in writing to the contrary, a party fails to timely move for a protective order, or a contrary determination is made by the Court as to whether all or a portion of a Protected Document is entitled to confidential treatment. 3. Protected Documents and any information contained therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as provided for below. 4. Protected Documents and any information contained therein shall be disclosed only to the following persons (`Qualified Persons'): 1078656 6456.2597 a. the parties to this action, including the Plaintiffs and current or former agents, servants or employees of Defendant who are deposed in this matter; b. Counsel of record in this action for the party or parties receiving Protected Documents or any information contained therein; c. Employees of such counsel (excluding experts, consultants, and investigators) assigned to and necessary to assist such counsel in the preparation and trial of this action; d. Any witness noticed for depositions or designated as trial witnesses, or any witness questioned during a deposition, hearing or at trial. A witness who is not a party or a representative of a party shall be furnished with a copy of this Agreement before being examined about, or asked to produce, Protected Documents and instructed that the Protected Documents are to be held strictly confidential; e. Any independent expert, consultant, or similar person who has been retained by counsel to provide assistance, expert advice, technical consultation, or testimony in this litigation, and the employees of such experts, consultants or similar persons when working in connection with this litigation under the direct supervision of said persons. All persons who are provided Protected Documents subject to this paragraph shall be provided a copy of the Agreement and instructed that the Protected Documents are to be held strictly confidential and that this Agreement is binding on them. All such persons shall agree to the provisions in this Agreement and execute the acknowledgement attached hereto as Exhibit"A". f. The Court and Court officials involved in this litigation (including Court reporters, persons operating video recording equipment at depositions and any special master appointed by the Court); g. Pursuant to a subpoena by a Court or administrative agency, subject to the terms of Paragraph 8 below; h. Any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper. 1078656 6456.2597 Protected Documents and any information contained therein shall be used solely for the prosecution and defense of this litigation. 5. The term `copy' as used herein means any photographic, mechanical, electronic, or computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of such document or thing. 6. Nothing in this Agreement prevents any party from using Protected Documents at a deposition, in motions, briefs, court hearings or at trial. To the extent that Protected Documents or information contained therein are used in depositions, at hearings, in motions, or at trial, such documents or information shall remain subject to the provisions of this Agreement, along with the transcript pages of the deposition testimony and/or trial testimony referring to the Protected Documents or information contained therein. The party seeking to designate pages of a deposition, hearing or trial transcript and exhibits thereto as confidential must, within 30 days after receiving the deposition, underline the portions of the pages of the transcript and any exhibits thereto that are confidential and mark such pages with the following legend: `Confidential, Subject to Confidentiality Agreement.' Until the expiration of the 30 day period, the entire deposition, hearing or trial transcript will be treated as subject to protection against disclosure under this Agreement. If no party timely designates confidential information in a deposition, hearing or trial, then none of the transcript or its exhibits will be treated as confidential. Prior to filing any Protected Documents with the Court, counsel agree to request that any Protected Documents submitted or presented to,or filed with,the Court shall be placed under seal and shall not be available to persons other than the Court and the persons authorized by this Confidentiality Agreement. 1078656 6456.2597 7. Any court reporter or transcriber who reports or transcribes testimony in this action shall agree that all `confidential' information designated as such under this Agreement shall remain `confidential' and shall not be disclosed by them, except pursuant to the terms of this Agreement, and that any notes or transcriptions of such testimony (and any accompanying exhibits)will be retained by the reporter or delivered to counsel of record. 8. If another Court or administrative agency subpoenas or orders production of Confidential Material that a party has obtained under the terms of this Agreement, such party shall within 10 business days of receipt of the subpoena and prior to disclosing documents pursuant to the subpoena notify the party or other person who designated the document as confidential of the pendency of such subpoena or order. 9. Nothing in this Agreement shall prevent or otherwise restrict counsel from rendering advice to their clients and, in the course thereof, relying generally on examination of Protected Documents. Counsel, however, shall not disclose Protected Documents to any client other than the Plaintiff in this Action. 10. Inadvertent or unintentional production of documents or information containing Confidential Information which are not designated `confidential' shall not be deemed a waiver in whole or in part of a claim for confidential treatment. 11. The party, parties or any other person receiving Protected Documents shall not under any circumstances sell, offer for sale, advertise, or publicize Protected Documents or any information contained therein. 12. After termination of this litigation, the provisions of this Agreement shall continue to be binding. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Agreement 1078656 6456.2597 following termination of this litigation. Nothing in this Agreement shall prevent any party or other person from seeking modification of this Agreement. 13. Within ninety (90) days after termination of this action by dismissal, judgment, or settlement, counsel for the party or parties receiving Protected Documents shall return the Protected Documents to the counsel for the party or parties disclosing or producing the Protected Documents. All copies of Protected Documents must be returned to the counsel for the party producing the documents or destroyed (including permanent and absolute deletion of any electronic or computerized document). The party or parties receiving the Protected Documents shall keep their attorney work product which refers or relates to any Protected Documents. Attorney work product may be used in subsequent litigation provided that such use does not disclose Protected Documents or any information contained therein. 14. This Agreement shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. By signing below, the attorney warrants that they have authority to execute on behalf of their client(s). 1078656 6456.2597 ESTATE OF MARC C. KORNFELD, by JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD / / ubert X. Gilro;, Esquire Date Martson Dears srff Williams Otto Gilroy : Faller Martson Law Offices Ten East High Street Carlisle, PA 17013 1078656 6456.2597 HAYDE RNER i �- a3 —c2 0/3 Jeffrey A. Ramal- , squire Date The Grant Building 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 1078656 6456.2597 IT IS SO ORDERED this 624ay of Afeljarriklet , 2013. J. C) "3 a. LA.+ •*--/ W 2%.• 1/1 CD r r a , r—X cD nz-n • E.3 r4, 04.4y a• fibop...3 1078656 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD, by CIVIL DIVISION JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, v. HAYDEN T. WERNER, Defendant. ACKNOWLEDGMENT OF CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER I, the undersigned, have read the Confidentiality Agreement and Protective Order ("Agreement and Order") in the above-captioned case and I understand its content and agree to its terms, conditions, and provisions. I understand that I am barred from divulging to anyone the Confidential Information as defined in the Agreement and Order, provided to me or that of which I have, or will become aware as a result of discovery in this case. I understand that my responsibility extends to not divulging such confidential information to anyone else except as required to participate in the discovery process or at hearing or trial. I understand that this document is the "Exhibit A"referred to in the Agreement and Order. I also understand and agree that all Confidential Information provided to me is subject to the Agreement and Order and is to be treated as confidential and used only in this proceeding, and that I shall not make disclosure of any Confidential Information or other confidential or proprietary information disclosed to me, except as permitted by this Agreement and Order. I agree to be bound by the terms of the Agreement and Order and agree to subject myself to the jurisdiction of the Court of Common Pleas of Allegheny County for the purpose of enforcing 1078656 6456.2597 said Agreement and Order. I further understand that I may be held in contempt of Court, sanctioned, and fined if I violate the terms of the Agreement and Order. By: Print Name: Title: Address: Date: 1078656 6456.2597 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF MARC C. KORNFELD,by CIVIL DIVISION JENNIFER C. KORNFELD,Administrator of the ESTAIE OF MARC C. KORNFELD, NO.: 2013-3963 CIVIL TERM Plaintiff, V. HAYDEN T. WERNER, in c:D rn Defendant. c=t r—• r." (_ CA) 7". • • :1 ORDER OF COURT AND NOW,this / day ofuc,tokl. , 2013, it is hereby Ordered that the attached Confidentiality Agreement and Protective Order are approved. J. 0.4),-Dce,E P2atticL . rn z•e• .- A441 P1-14 1-1 ca.Dy — -.1 7;› 1083637 6456.2597 F:\FILES\Clients\14891 Komfeld\14891.2 personal injury\14891.2.ANS.NewMatter.wpd , r 1 7 a I7 h+1 Created: 9/20104 0:06PM 2013 � Revised: I1/4/13 1042AM 15 AH W 31 Hubert X. Gilroy, Esquire CUMBERLAN MARTSON DEARDORFF WILLIAMS & OTTO PENNSYLVANIA 1) cou 1-1, I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C. KORNFELD, Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD,: Plaintiff V. : NO: 2013 - 3963 CIVIL TERM HAYDEN T. WERNER, Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, Estate of Marc C. Kornfeld, by Jennifer C. Kornfeld, Administrator of the Estate of Marc C. Kornfeld, by their attorneys, Martson Law Offices, sets forth the following in response to New Matter file by the Defendant: 8. ADMITTED. 9. DENIED. On the contrary,Plaintiff's Complaint sets forth factual allegations which merit a claim for punitive damages. The allegations as set forth in Plaintiff's Complaint are incorporated herein by reference thereto. 10. DENIED. The motor vehicle accident in question occurred solely as a result of the negligence of the Defendant,Hayden T. Werner. The allegations as set forth in Plaintiff's Complaint are incorporated herein by reference thereto. WHEREFORE, Plaintiff requests that Defendant's New Matter be dismissed and that Judgment be entered in favor of Plaintiff against Defendant. MARTSON LAW OFFICES By e4 Hubert X. Gilroy, Es ire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: November j , 2013 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. �rC. ld Dated: -7 2-z l S F.\FILES\Clients\14891 Kornfeld\14891.2 personal injury\14891.2.Pet.CourtApproval.Settlement wpd fl+jf. F i iE r r`W T HON "i Created 9/20/04 0 06P Revised. 1/21/14 11 45A 2034 JAN 2 1 PM 1: 55 Hubert X. Gilroy, Esquire [�J` MARTSON DEARDORFF WILLIAMS & OTTO CUMIERLANO COUNTY I.D. 29943 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C. KORNFELD, Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD,: Plaintiff v. : NO: 2013 - 3963 CIVIL TERM • HAYDEN T. WERNER, • Defendant PETITION FOR COURT APPROVAL OF SETTLEMENT Petitioner, Jennifer C. Kornfeld, Executrix of the Estate of Marc C. Kornfeld, sets forth the following: 1. Petitioner, Jennifer C. Kornfeld, is an adult individual residing at 1104 Gregor Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner was appointed Executrix of the Estate of Marc C. Kornfeld on September 10, 2012, by the Cumberland County Register of Wills at No. 2012-0098. A copy of the Letters Testamentary is attached hereto and marked Exhibit `A' (the caption above erroneously suggests that Petitioner was the "Administrator" of the Estate. However, there was a will involved in the Estate as set forth below, and Petitioner was appointed as Executrix of her deceased husband's Estate). 3. Marc C. Kornfeld (the "Decedent") died on August 5, 2012, as a result of injuries suffered in an automobile accident which took place on March 4, 2012,on West Rose Garden Boulevard,Upper Allen Township,Cumberland County, Pennsylvania. 4. At the time of his death,the Decedent was married to the Petitioner and had a Last Will and Testament which was filed at the above referenced Estate, a copy of which is attached hereto and marked Exhibit `B.' 5. Pursuant to Article V of the of the Will,the Decedent left his entire Estate to his surviving spouse, Jennifer C. Kornfeld, Petitioner herein. 6. The Decedent, Marc C. Kornfeld, was born on July 25, 1941, and was 71 years of age at the time of his death. 7. Petitioner instituted the above captioned action on behalf of the Estate of Marc C. Kornfeld alleging that Defendant,Hayden T. Werner,was the cause of the automobile accident which caused the death of the Decedent. 8. Defendant Werner is represented by Jeffrey A.Ramaley,Esquire,of the firm of Zimmer Kunz, 310 Grant Street, Suite 3000, Pittsburgh, Pennsylvania, 15219. 9. The vehicle Defendant Werner was operating at the time of the accident in question was insured by Progressive Insurance Company(Progressive)with a single limit policy of$100,000.00. 10. Progressive,on behalf of itself and on behalf of Mr.Werner,has tendered the insurance policy limits of$100,000.00 and requests in return a complete and general release releasing Progressive and Mr.Werner from any and all claims relating to the accident. 11. Petitioner has determined that a settlement of this case consistent with the offered tendered by Progressive and Mr. Werner is appropriate under the circumstances. 12. Pursuant to the mentioned Will of the Decedent, Petitioner is the sole beneficiary of the Decedent's Estate and, pursuant to 72 P.S. Section 9116(A)(1.1)(ii)Inheritance Tax owing in this matter is calculated at the rate of zero percent in that the surviving spouse of the Decedent is the sole beneficiary. Accordingly,there was no need to request that the Pennsylvania Department of revenue become involved in this settlement in order to allocate any of the proceeds of the settlement between a Wrongful Death action and a Survival action. 13. It is the Petitioner's position that, technically, Court approval of this settlement does not need to be obtained pursuant to Pennsylvania Rule of Civil Procedure 2206 because there is no minor or incapacitated person involved in this action. Additionally, as noted above, in light of the fact that there is no Inheritance Tax owing on any of the proceeds from the settlement, Petitioner does not need the Court to apportion or allocate the settlement proceeds between any Survival action or Wrongful Death action. However, Petitioner seeks this Court's approval at the request Defendant and Attorney Ramaley based upon the custom of Defendants in this type of action to request a Court approval in any death action, and courts of this County and other Pennsylvania Counties have participated in approving a settlement where the parties agree. 14. In light of the fact that this an agreed upon settlement between the parties and based upon the other factors as outlined above, Petitioner believes that a hearing to approve this settlement is not necessary. 15. The attorney for Defendant Werner and for Progressive agrees with the Petitioner's request for Court approval of this settlement and also concurs in Petitioner's suggestion that a hearing before the Court is unnecessary in light of the circumstances of this settlement. An email from Attorney Ramaley confirming this fact is attached hereto and marked Exhibit `C.' 16. No prior Judges have been involved in this case between these parties to date. 17. Defendant Werner and Progressive have requested the Petitioner to execute a release agreement in the form as attached hereto and marked Exhibit `D.' Wherefore, the Petitioners request this Honorable Court to issue an Order approving the settlement as set forth above. MARTSON LAW OFFICES By I Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: January "( , 2014 EXHIBIT "A" REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA - '' it., 4nA6Wir /,,• -------- �j.''��- 'tea"�-�- ,�'.� No. 2012- 00978 PA No. 21- 12- 0978 ;` Estate Of: MARC C KORNFELD ■t .. (First,Middle,Last) s Late Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY •' Deceased ,,f' Social Security No: 188-32-4865 ,,r WHEREAS, on the 10th day of September 2012 an instrument dated UNDA TED MARC C KORNFELD (First,Middle,Last) late of UPPER ALLEN TOWNSHIP, CUMBERLAND County, who died on the 5th day of August 2012 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JENNIFER CATHERINE KORNFELD who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of September 2012. J-i r�C(( ; -)C `�1, frL l t ' ') Register of Wills (/ /) f( ( � ( C'iSrnn eputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) EXHIBIT "B" Thr O = i SEP I Q r r 4: 3 j LAST WILL AND TESTAMENT OF U'.;ui1 CUMBERLAND CO PA MARC CHARLES RORNFELD I, MARC CHARLES KORNFELD, a resident of Mechanicsburg, Cumberland County, Pennsylvania, declare this is my Will. I. I revoke all wills and codicils that I have previously made. II. I am married to JENNIFER CATHERINE KORNFELD and all references in this Will to "my wife" are to her. I have three (3) children whose names are PAUL ARTHUR KORNFELD, SHARON LOUISE KORNFELD and DANIEL ERNEST KORNFELD. I have no deceased children. The terms "my child" and "my children" as used in this Will shall include any other children hereafter born to or adopted by me. III. It is my intention by this Will to dispose of all property which I may own. However, I hereby elect not to exercise any power of appointment exercisable by a will which I now have or which may hereafter be conferred upon me. No pro- vision of this Will shall be construed as an exercise in whole or in part of any such power. IV. I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate in such amounts as he shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as personal representative shall designate. Further in this connection I authorize my personal representative to expend funds from my estate in such amount as my personal representative shall consider necessary and desirable for the purchase, erection, and inscription of a suitable marker for my grave. • V. I give, devise and bequeath all other tangible property owned by me at the time of my death together with all insurance policies thereon unto my wife, JENNIFER CATHERINE KORNFELD, if she survives me by thirty (30) days. In the event she fails to survive me by thirty (30) days, I give, devise and bequeath all said tangible personal property with all insurance policies thereon in as nearly equal shares as practicable to such of my children as survive me by thirty (30) days. Particular items shall be allocated among them as they agree if they are of age. If they are of age, as to property about which there is not unanimous agreement, I direct my executrix to list each piece of property on separate identical slips of paper and then allow DANIEL, PAUL, and SHARON to draw a slip in rotation in the order above until all such slips are drawn. In the event neither my wife nor my children survive me by thirty (30) days and in the event there are no issue of my children, I give, devise and bequeath all the rest, residue and remainder of my personal property to my sister, JEAN H. KORNFELD of 1614 Allison Avenue, Northwest, Washington, District of Columbia 20011. In the event that none of the above named have survived me by thirty (30) days I hereby give, devise and bequeath all the rest, residue and remainder of my personal property to the CORNELL UNIVERSITY SCHOOL OF INDUSTRIAL AND LABOR RELATIONS to set up a scholarship for the son or daughter of a union official, if the son or daughter of such official is studying in the field of labor relations. I give, devise and bequeath all the rest, residue and remainder of my real estate to my wife, JENNIFER CATHERINE KORNFELD, if she survives me by thirty (30) days. If she does not survive me by thirty (30) days, then to my children and to their issue per stirpes. If my children have no issue and do not survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue and remainder of my real estate equally to my sister, JEAN H. KORNFELD. If none of the above survive me by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder of my real estate to the CORNELL UNIVERSITY SCHOOL OF INDUSTRIAL AND LABOR RELATIONS. Page 2 of 4 • • VI. I appoint JENNIFER CATHERINE RORNFELD executrix of this my Last Will and Testament. In the event of the renunciation or death, resignation, or inability to act for any reason whatsoever of said wife, I nominate, constitute and appoint JEAN H. KORNFELD, my sister of this my Last Will and Testament. I hereby relieve my executrix from the necessity of posting security in connection of such in any jurisdiction in which her or she may be called upon to act as far as I am able by law to do so. VII. In addition to the powers conferred by law, I authorize my executrix in her absolute discretion: A. To retain in the form received and to sell either at public sale or private sale any real or personal property. B. To manage real estate. C. To invest and reinvest in all forms of property without being confined to legal investments and without regard to the principle of diversification. D. To compromise claims without court approval and without the consent of any beneficiary. VIII. I direct that any and all inheritance, estate, or transfer taxes imposed upon my estate passing under my Will shall be paid out of the principal of my residuary estate. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first of which bear my signature in the margin for the purpose of identification of this day of , 1993. ?eV / (SEAL) Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Ruby D. Weeks, Marylyn Lapato, Shirley Clevenger and MARC CHARLES KORNFELD, the testator and the witnesses, respectively whose names are signed to the attached or foregoing instrument, consisting of four (4) typewritten pages, this page included, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of their knowledge the testator was at that time eighteen (18) years or older, of sound mind and under no constraint or undue influence. Q! /4;;; arc Charles Kornfeld, Tes. -tor Ruby D. W eks, Esquire , ori;)424(.6L, Marylyn to Shirley Cle enger I Subscribe, sworn to and acknowledged before me by MARC CHARLES KORNFELD, the testator, and subscribed and sworn to before me by Ruby D. Weeks, Marylyn Lapato, and Shirley Clevenger, witnesses this Jz day of � (7P/rcz,C�cJ, 1993. q364)7777, -- Notary Public Notarial Seal Sharon Carl BoroKCumbe Nasty pubgo MY Commission Expires Jan.?2 Page 4 of 4 • EXHIBIT "C" Hubert X. Gilroy From: Jeffrey A. Ramaley <ramaley @zklaw.com> Sent: Friday, January 17, 2014 7:47 AM To: Hubert X. Gilroy Cc: Jeffrey A. Ramaley Subject: Kornfeld v.Werner Attachments: Jeffrey A Ramaley.vcf Hubert: I have reviewed the proposed petition for court approval of settlement. I agree with the contents,join in the petition and agree with your request that the matter be approved without a hearing. Jeffrey A. Ramaley Zimmer Kunz, PLLC Shareholder (412)434-5408 Wo rk (412) 281-8000 Work ramaley @zklaw.com 310 Grant Street, Suite 30000 Pittsburgh, PA 15219 http://vvvvw,zklaw.com This e-mail message,which is from a law firm,contains CONFIDENTIAL and PRIVILEGED INFORMATION. In addition.the information may be protected by state and federal laws,including,without limitation,the provisions of the Health Insurance Portability and Accountability Act of 1996(HIPAA),which prohibit unauthorized disclosure. If you have received this communication in error(you are not the addressee or authorized to receive the message for the addressee), you may not use,copy or disclose the message or any information contained in the message. If you have received this e-mail in error,please advise the sender immediately by reply e-mail and delete this message 1 EXHIBIT "D" FULL AND FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS that I, JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD, deceased, (Releasor),being of full legal age and of sound mind, for and in;onsideration of the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS lawful money of the United States of America to me in hand paid by Defendant, HAYDEN T. WERNER, (Releasees),the receipt whereof is hereby acknowledged, do hereby release and forever discharge, and by these presents do for myself, my heirs, successors and assigns,release and forever discharge Defendant, HAYDEN T. WERNER, his insurers, heirs, successors, assigns and any other persons or legal entities from any and all liability, claims, causes of action, damages, costs, expenses or demands of any kind whatsoever in law or in equity, AND, SPECIFICALLY FROM ANY CLAIMS OR JOINDERS FOR SOLE LIABILITY, CONTRIBUTION, INDEMNITY OR OTHERWISE, which against Defendant, HAYDEN T. WERNER, he ever had,now have or which he may have in the future, or which his heirs, executors, successors and assigns hereinafter can or may have by reason of any bodily or personal injury, damages to property and the consequences thereof, known or unknown, foreseen or unforeseen, arising out of a motor vehicle accident that occurred on August 4, 2012 or which may arise as a result of the incident set forth in the Complaint filed in the Court of Common Pleas of Cumberland County at docket number 2013-3963. It is expressly agreed that the Releasor will defend, indemnify and hold harmless the Releasees from any claims arising out of the accident in question including, but not limited to, any claims of any automobile insurers,health insurers, workers' compensation carriers, or any 1094993 6456 2597 government entity for any amounts paid to or on behalf or to be paid on behalf of the Releasor as a result of the accident in question. It is expressly warranted by me that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of the party or parties released, or their representatives, concerning the nature and the extent of my injuries, damages or legal liability therefore; and that the acceptance of the consideration set forth is in full accord and satisfaction of a disputed claim for which liability is hereby expressly denied. I hereby declare that I fully understand the terms of this settlement, that the amount stated herein is the sole consideration for this Release and that I have voluntarily accepted the said sum for the purpose of making a full and final compromise of my said claim. This agreement shall be construed that, wherever applicable, the use of the singular number shall include the plural number and the masculine gender shall be construed to include the feminine or neuter gender. It is further understood and agreed that, in addition to the execution of a Full and Final Release,the Plaintiff will sign a stipulation for dismissal with prejudice. I HAVE READ THE ABOVE,CONSULTED WITH MY ATTORNEY, UNDERSTAND THE SAME,AND AGREE TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS RELEASE AGREEMENT. 1094993 6456.2597 IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 2013. (SEAL) Witness ESTATE OF MARC C. KORNFELD, by JENNIFER C. KORNFELD, Administrator of the ESTATE OF MARC C. KORNFELD 1094993 6456.2597 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF ) On this day of , 2013, before me personally appeared JENNIFER C. KORNFELD,Administrator of the ESTATE OF MARC C. KORNFELD, deceased,to me known, and known to me to be the person described in and who executed the above instrument and that she acknowledged to me that she executed the same. Notary Public Sworn to and subscribed before me this day of 2013. NOTARY PUBLIC My commission expires: 1094993 6456.2597 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel.it is true and correct to the best of my knowledge,information and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. (: \ ` JENNIEER C. KORNFELD, ExeLutnx of the Estate of Marc C.' r / \- ' / 3 t- „-D-c,Fi-ict Hubert X. Gilroy, Esquire A„j- THE FRBTNONo 1AR 1 MARTSON DEARDORFF WILLIAMS & OTTO 21JI4 JAN 23 PM I. 33 I.D. 29943 10 East High Street CUMIERLANO COUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Plaintiff ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C.KORNFELD,Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD, : Plaintiff v. : NO: 2013 - 3963 CIVIL TERM HAYDEN T. WERNER, . Defendant . ORDER AND NOW this,.23 ay of January, 2014, upon the consideration of the attached Petition for Court Approval of Settlement, and it appearing that all parties have reached an agreement in connection with settlement in this case and all parties have requested the Court to approve the settlement without a hearing,and it further appearing to the Court that the Pennsylvania Department of Revenue does not need to issue any opinion in this matter in that there will be no Pennsylvania Inheritance Taxes owing from the proceeds of this settlement, and it further appearing to the Court that there are no minor children or incapacitated parties who will receive proceeds from this settlement that the Court would need to address pursuant to Pennsylvania Rule of Civil Procedure 2206, it is ordered and directed as follows: 1. The settlement between the parties as set forth in the Petition for Court Approval of Settlement filed by the Plaintiff in the above matter is approved. 2. Progressive Insurance shall pay the gross settlement fund of $100,000.00 to the Plaintiff. 3. The Plaintiff is authorized to execute the release attached to the Petition as Exhibit `D' and deliver that release to the Defendant and Progressive Insurance. 4. This action is hereby settled and dismissed with the Court only retaining jurisdiction to enforce the terms of this Order as set forth above. BY THE ir RT, Judge cc: ‘794bert X. Gilroy, Esquire Jeffrey A. Ramaley, Esquire /12.246L /7 ICY F:\FILES\Clients\14891 Kornfeld\14891.2 personal injury\14891.2.Praecipe wpd t" S� 1('�''(',,,j(��; 1"�`P� ': Hubert X. Gilroy, Esquire 2514 FEB 14 PH 1: 11 q‘y, MARTSON DEARDORFF WILLIAMS & OTTO I.D. 29943 CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ESTATE OF MARC C. KORNFELD, by : IN THE COURT OF COMMON PLEAS OF JENNIFER C. KORNFELD, Administrator : CUMBERLAND COUNTY, PENNSYLVANIA of the ESTATE OF MARC C. KORNFELD,: Plaintiff • v. : NO: 2013 - 3963 CIVIL TERM HAYDEN T. WERNER, • • Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTSON LAW OFFICES By Hub X. Gilroy, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 12, 2014 CERTIFICATE OF SERVICE I, Shelly Taylor, an authorized agent for MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeffrey A. Ramaley, Esquire Zimmer Kunz 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 TSO LAW OFFICES Sh- ly ' . Tay/ 11 E..t High treet isle, PA 17013 (717) 243-3341 Dated: February 12, 2014