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Home My WebLink About13-5075 r -- 16 Supreme Court.of Pennsylvania Cou "� Coin a Pleas X For Prothonotary Use Only: it Cov it ,et I, C U 1 - ER County Docket No: �. Spy r The information collected on this form is used solely court administration ptnposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by laws or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons El Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Kyle Gregory Taime A. Willey I ❑ Check here if you are a Self - Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: David H Rosenberg N Are money damages requested? : ❑X Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits (Check one) outside arbitration limits A is this a Class Action Suit? ❑ Yes 0 No 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑X Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ C ❑ Other: Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco (] Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R. GP. 205.5 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 13- No. 2013 Civil Action - ( ) Law KYLE D. GREGORY TAIME A. WILLEY 852 Lindsey Road 291 N. 30 Street rn� c Carlisle, PA 17015 Camp Hill, PA 17011 =m = JESSICA E. STEVICK wr- ro 7jc:c 852 Lindsey Road r ..z a Carlisle, PA 17015 �q 3:20 a 2 Co C) c DC fi r•; JULIA M. SMITH .mot c 217 Greenfield Estates Carlisle, Pennsylvania 17015 VERSUS Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above - mentioned action. Writ of Summons shall be issued and forwarded to (xx) Attorney David H Rosenberg, Esquire ( #20569) - Matthew P. Rosenberg, Esquire ( #201485) 1300 Linglestown Road - Suite 2 Signatu of Attorney Harrisburg, PA 17110 Date: r WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. by P Deputy Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson e'°° }:, �. Sheriff j_1-. Jody S Smith �x�u UIF TI-IF PRO Chief Deputy 2013 SEP 25 AM !1: 4 2 Richard W Stewart Solicitor OFFCEOF THE StfERiIFr CUMBERL.AQ COUNTY PFNNSYL AN,IA Kyle D Gregory(et al.) vs. Case Number Taime A Willey 2013-5075 SHERIFF'S RETURN OF SERVICE 09/14/2013 03:00 PM-Deputy Shawn Harrison, being duly sworn according ttO. quested Writ of Summons by"personally" handing a true copy to a person represo be the Defendant, to wit: Taime A Willey at 1502 Marlton Road, Mechanicsburg, PA 1N, DEPUTY SHERIFF COST: $56.25 SO ANSWERS, September 20, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Tekosoft.Inc. Johnson, Duffie, Stewart & Weidner By: Anthony T. Lucido, Esquire I.D. No. 76583 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 atl @jdsw.com KYLE D. GREGORY, JESSICA E. : STEVICK and JULIA M. SMITH, Plaintiffs r- F }.'�l -0FF CE OE THE i ROTHO 1OTAR Y C 11 APR 25 PM 12 I. CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant Taime A. Willey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 13 -5075 v. CIVIL ACTION — LAW TAIME A. WILLEY, Defendant PETITION FOR RULE TO SHOW CAUSE WHY INSURANCE PROCEEDS SHOULD NOT BE PERMITTED TO BE PAID INTO COURT AND NOW, comes Petitioner, Erie Insurance Exchange, through its attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition for Rule to Show Cause why insurance proceeds should not be permitted to be paid into Court, and in support thereof avers as follows: 1. The Petitioner, Erie Insurance Exchange ( "Erie "), is an insurance company that conducts business throughout the Commonwealth of Pennsylvania. 2. Respondent, Kyle D. Gregory, is an adult individual residing at 852 Lindsey Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Respondent, Jessica E. Stevick, is an adult individual residing at 852 Lindsey Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. Respondent, Julia M. Smith, is an adult individual residing at 217 Greenfield Estates, Carlisle, Cumberland County, Pennsylvania 17015. 5. Respondent, Rachelle A. Cuff, is an adult individual residing at 245 Florida Avenue, Shenandoah, Pennsylvania 17976, Upon information and belief, Ms. Cuff is the parent and /or natural guardian of Nicholas Ryan, a minor. 6. Respondent, Janelle Cuff, is an adult individual residing at 47 Weston Place, Shenandoah, Pennsylvania 17976. Upon information and belief, Janelle Cuff is the parent and /or natural guardian of Christopher Cuff, a minor. 7. This case arises out of an auto accident that occurred on October 15, 2011 at the intersection of Route 55 and Morea Road in Schuylkill County, Pennsylvania. 8. At the time of the accident, Taime A. Willey was driving a 2004 Saturn. Respondents Gregory, Stevick and Smith were all passengers in her vehicle. 9. Respondent, Rachelle A. Cuff, was the driver of the second vehicle involved in the accident. Minors Nicholas Ryan and Christopher Cuff were passengers in her vehicle. 10. • At the time of the accident, Ms. Willey was an Erie insured under a automobile liability policy number 201 - 650706600. 11. The police report indicates that Ms. Willey made a left-hand turn in front of the oncoming vehicle being driven by Rachelle A. Cuff, resulting in an accident (See Exhibit "A "). 12. On August 28, 2013, a Writ of Summons was filed on behalf of Plaintiffs /Respondents Gregory, Stevick and Smith against Defendant Taime A. Willey (See Exhibit "B "). 13. At this point, that is the only lawsuit arising out of the October 15, 2011 accident. 14. Respondent Rachelle A. Cuff, driver of the second vehicle that struck Ms. Willey's car as it turned in front of her, has not made a claim for personal injuries arising out of this accident, nor has she filed any Complaint within the applicable statute of limitations. 15. Additionally, no claims have been made on behalf of the two minor children -- Christopher Cuff and Nicholas Ryan -- who were passengers in her vehicle at the time of the accident. 16. Upon information and belief, Christopher Cuff's date of birth was March 21, 2005; Nicholas Ryan's date of birth was August 24, 2005. 17. Erie Insurance and undersigned counsel have made efforts to contact Rachelle Cuff and Janelle Cuff, the parents and /or guardians of minors Ryan and Cuff respectively, to determine whether they sustained any injuries in the crash. 18. To date, neither undersigned counsel nor Erie have received any information suggesting that either of the minor passengers sustained compensable injuries in the crash, despite having, on multiple occasions, requested any such information from the parents and /or guardians of the children. 19. Accordingly, upon information and belief, Erie is not aware of any claim for personal injuries that could be made on behalf of minors Christopher Cuff or Nicholas Ryan for benefits under the Erie automobile liability policy covering Defendant Taime Willey. 20. Erie's policy of insurance covering Ms. Willey contains provisions relating to Erie's payment of any legal obligations that may be imposed upon its insured resulting from accidents such as the one described in this Petition. 21. Erie's policy covering Ms. Willey has limits of $100,000. 22. Erie has made a good faith effort to analyze the various claims, exposures and potential obligations of its insured as a result of this accident, and believes that the entire $100,000 in coverage should be made available to Plaintiffs /Respondents Gregory, Stevick and Smith, all of whom are represented by the Handler, Henning & Rosenberg law firm. 23. Erie is filing this Petition in good faith and not in collusion with any of the Respondents listed herein. 24. Erie is requesting that it be permitted to pay into Court its limits of $100,000 in return for an Order discharging Erie of any and all indemnity obligations under the policy of insurance arising from this accident. 25. While the policy for insurance permits Erie to cease its defense obligations once payment of the $100,000 is made, Erie is not at this time seeking a dismissal of its defense obligations to Ms. Willey in the event that payment of the $100,000 policy limits is permitted. 26. Erie claims no interest in the money in controversy and Petitioner further believes that it is in the best interest of the Respondents that it pay the policy limits at issue into the Court, which it is willing and able to do, and have the Court distribute the funds equitably among all Respondents who are making claims and /or will make claims against Erie's insured in connection with this accident. WHEREFORE, Petitioner Erie Insurance Exchange requests that this Court issue a Rule upon Respondents to show cause why Petitioner should not be permitted to pay its policy limits into the Court; and also setting forth a deadline for Respondents Rachelle Cuff and Janelle Cuff, as parents and /or guardians of minors Nicholas Ryan and Christopher Cuff, to file a statement of claim in connection with the subject accident or be forever barred from bringing any future claims against Erie arising out of this accident. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: :619613 Anthony T. Lucido I. D. No. 76583 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 (717) 761 -4540 atl @jdsw.com Counsel for Defendant EXHIBIT A AA•500 TX Incident Number: L03- 1196126 Crash Involves: Commonwealth of Pennsylvania • Police Crash Report REPORTABLE CRASH 0 State Police Vehicle 0 Commonwealth Vehicle . 0 DUI % 1 Fatality ' C) Hit and Run 0 Commercial Vehicle V NIA 0 Work Zone 0 ATV C) Snowmobile PAGE 1 0 Local Police Vehicle 0 Local Gov Vehicle (Police Agency Data] Agency Name PA STATE POLICE - FRACKVILLE Case Closed YES Patrol Zone 11 Investigation Date 10/15/2011 Dispatch Time 11:55 hrs Arrival Time 12 :05 hrs. Investigator HARDNOCK, PAUL E JR Badge Number 10209 Approval Date 10/1812011 Reviewer MORGAN, RICHARD D JR Reviewer Badge Number 05850 Crash Data Date of Crash 10/15/2011 Time of Crash 11:55 hrs Day of the Week SATURDAY Crash Description ANGLE County SCHUYLKILL Municipality MAHANOY TWP Weather Conditions NO ADVERSE CONDITIONS Relation to Roadway • ON TRAVEL LANES Illumination DAYLIGHT Road Surface Conditions DRY # of Units 002 # of People 007 # of Injured 004 • # Killed 000 EMS Agency MAHANOY CITY,RYAN TWP,SHENANDOAH Medical Facility GEISINGER, COALDALE School Bus Related NO School Zone Related YES PennDOT Notified NO Type of Intersection "T" INTERSECTION Special Localism NOT APPLICABLE Work Zone I Wort. Zone YES Work Zone Type MAINTENANCE (SHORT TERM) Where in Wort Zone ACTIVITY AREA Speed Limit 45 MPH Workers Present NO Officer Present No Work Zone Characteristics Road Closed Work on Shoulder . Intermittent or Flagger la Lane Closure ❑ with Detour ❑ or Median ❑ Moving Work ❑ Control ❑ Other 'Principal Road Route Signing STATE HIGHWAY Route Number 0054 Segment Number Travel Lanes 02 Speed Limit 45 MPH Orientation EAST House Number Street Name St. Ending HIGHWAY Intersecting Rd. Used in Intersection Crashes Route Signing STATE HIGHWAY Route Number 1008 Segment Number Travel Lanes 02 Speed Limit 46 MPH Onentation WEST Street Name MOREA St Ending . ROAD ,Distance Front Landmark II"' r L • r vStreet g Landmark 1 Route Number Or Mile Pot Tenths Or Segment Marker Ramp Use Only Feet Street Name Street Ending Or Miles Tenths • Landmark 2 Route Number Or Mile Post Tenths Or Segment Marker Ramp Use Only The above en ry is the Scene to Landmark Landma kr'sh Name Street Ending y a. Latitude: Degrees 40 Minutes 48 • ; Seconds 39 ■ Decimal 071. Longitude: .. Degrees 76 Minutes 06 Seconds 22 Decimal 708 r., F Traffic Control Device NOT APPLICABLE Traffic Control Functioning NO CONTROLS e Lane.Closed PARTIALLY Lane Closure Direction EAST Traffic Detoured NO Estimated Time Closed 30 - 60 MIN. , Event Information Environmental 1 Roadway Potential Factors (EIR) Factor 1 NONE . Factor 2 Factor 3 First Harmful Event in the Crash Most Harmful Event in the Crash Unit Number 001 Harmful Event STRUCK BY UNIT 2 Unit Number 001 Harmful Event STRUCK BY UNIT 2 Indicated Prime Factor DRIVER ACTION Unit Number 001 Prime Factor Driver Action IMPROPER/CARELESS TURNING Prime Factor EnviromentallRoadway Prime Factor Vehicle Failure Prime Factor Pedestrian Action Road Surface Type Special Jurisdiction Printed At: PA State Police - Frackville 1013112011 12:49 PM Page 1 Form #: L03-1196126 AA-%0 TX Incident Number: L03-1196126 Crash Involves: U Fatality L) Work Zone Commonwealth of Pennsylvania Police Crash Report 0 Hit and Run Commercial Vehicle 1) ATV 0 Snowmobile PAGE 2 REPORTABLE CRASH (") State Police Vehicle 0 Local Police Vehicle 0 Commonwealth Vehicle 0 Local Gov Vehicle c 0 E 0 c 7, ca ti a. E Una Number 001 Type Unit Motor Vehicle in Transport Commercial Vehicle No First Name TAIME MI A Last Name . WILLEY Suffix DOB 03/2711992 Telephone Number (717) 559-8576 Street Address 291 NORTH 30TH STREET City CAMP HILL (USA) State PA Zip Code 17011 Gender FEMALE License Number 29735970 License State PA Class C Expiration Date 03/28/2013 Owner/Driver PRIVATE VEHICLE OWNEDILEASED BY DRIVER Driver Presence DRIVER OPERATED VEHICLE Physical Condition APPARENTLY NORMAL Primary Vehicle Code Violation 3322 - VEHICLE TURNING LEFT Person Charged YES AlcoholiDrugs Suspected NO Alcohol Test Type TEST NOT GIVEN Alcohol Test Results Driver Action IMPROPER/CARELESS TURNING . Pedestrian Action Pedestrian Signals Pedestrian Clothing Pedestrian Location 1st Harmful Event STRUCK BYUNIT 2 Left or Right Side Most Harmful YES Utility pole Number ,2nd Harrnlul Event Left or Right Side Most Harmful Utility POle. Number 3rd Harmful Event Lett or Right Side Most Harmful Utility Pole Number 4th Harmful Event Left or Right Side Most Harmful Utility Pole Number Vehicle information Owner First Name TAIME Owner MI A Owner Last Name or Business Name ' WILLEY Suffix Street Address 291 NORTH 30TH STREET City CAMP HILL (USA) State PA Zip Code 17011 Vehicle Type AUTOMOBILE Special Usage NOT APPLICABLE Government Equipment Number Model Year 2004 Vehicle Make SATURN Vehicle Model Vehicle Color SILVER VIN 1G8AZ52F44Z187554 • License Plate HMV0672 Reg. State PA Est. Speed 045 Vehicle Towed YES Towed By HOFFMAN'S TOWING Insurance YES . Insurance Company ERIE INSURANCE CO. Policy Number Q01-650706600 Evpirabon Date Direction of Travel WEST Vehicle Position LEFT TURN LANE Vehicle Movement TURNING LEFT Initial Impact Point 3 O'CLOCK Damage Indicator DISABLING Gradient TOP OF HILL Road Alignment • STRAIGHT Possible Vehicle Failures NONE Trailing Units 0 .)/ Units 0 Type Unit 1 Tag Number Tag Year Tag Stale Unit Make Unit Owner Type Unit 2 Tag Number Tag Year Tag Stale Unit Make . Unit Owner "2 E Engine Size cc Passenger? Saddle Bag/Trunk? Trailer/ Driver Education? Driver Helmet Type Helmet Stayed On? DOT/Snell Designation? Eye Protection? Long Sleeves/ . Long Pants? Over Ant•le Boots/ Passenger Helmet Type Helmet Stayed On/ DOT/Snell Designation? Eye Protection? Long Sleeves/ Long Pants/ Over Ankle Boots? 1Pedalcycle Passenger? Helmet? Head Lights? . Rear Reflectors? . Printed AL PA State Police - Frackville 10/3112011 12:49 PM Page 2 Form it: L03-1196126 AA -500 TX Incident Number: L03- 1196126 Crash Involves: (2) DUI fit N/A {21 Fatality • I ) Work Zone Commonwealth of Pennsylvania Police Crash Report REPORTABLE CRASH 0 State Police Vehicle 0 Commonwealth Vehicle Hit and Run l ft ATV 0 Commercial Vehicle 0 Snowmobile PAGE 3 0 Local Police Vehicle C) Local Gov Vehicle 1 1 Driver/Pedestrian Information 1 Unit Number 002 Type Unit Motor Vehicle in Transport Commercial Vehicle No First Name RACHELLE MI A Last Name CUFF Suffix DOB 06/26/1976 Telephone Number (570) 462 -1929 Street Address 245 FLORIDA AVENUE City SHENANDOAH State PA Zip Code 17976 Gender FEMALE License Number 23935932 License State PA Class C Expiration Date 06/2612012 Owner/Driver PRIVATE VEHICLE OWNED /LEASED BY DRIVER Driver Presence DRIVER OPERATED VEHICLE Physical Condition APPARENTLY NORMAL Primary Vehicle Code Violation Person Charged NO Alcohol/Drugs Suspected NO Alcohol Test Type Alcohol Test Results TEST NOT GIVEN Driver Action NO CONTRIBUTING ACTION Pedestrian Action Pedesinan Signals Pedestrian Clothing Pedestrian Location ls1 Harmful Event HIT UNIT 1 Left or Right Side Mos Harmful YES Utility Pole Number • 2nd Harmful Event Lett or Right Side Most Harmful Utility Pole Number 3rd Harmful Event Left or Right Side Most Harmful Utility Pole Number ath Harmful Event Lett or Right Side Most Harmful Utility Pole Number Vehicle Information Owner First Name RACHELLE Owner MI A Owner Last Name or Business Name CUFF Suffix Street Address 245 FLORIDA AVENUE City SHENANDOAH State ' PA Zip Code 17976 Vehicle Type AUTOMOBILE Special Usage NOT APPLICABLE Government Equipment Number Model Year 2010 Vehicle Mahe NISSAN Vehicle Model MAXIMA Vehicle Color BLACK VIN 1N4AA5AP4AC874562 . License Plate FHB7863 Reg. State PA Est Speed 045 Veh de Towed YES • Towed By HOFFMAN'S TOWING insurance YES Insurance Company TRAVELERS HOME AND MARINE INS. Policy Number 9846174741011 Expiration Date Direction of Travel WEST Vehicle Position RIGHT LANE "CURB" Vehicle Movement Initial GOING STRAIGHT Impact Point 12 O'CLOCK Damage Indicator DISABLING Gradient TOP OF HILL Road Alignment STRAIGHT Possible Vehicle Failures NONE 2 c z c 7 1- a of Units 0 Type Unit 1 Tag Number Tag Year Tag State Unit Make Unit Owner . Type Unit 2 Tag Number Tag Year Tag State Unit Make 'Passenger? Unit Owner m `o 0 2 Engine Size cc Saddle Bag/Trunk/ Trailer? • Driver Education/ Driver Helmet Type Helmet Stayed On? DOT /Snell Designation'? Eye Protection/ Long Sleeves/ Long Pants? Over Ankle Boots? Passenger Helmet Type Helmet Stayed On DOT /Snell Designation/ Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? g • a U v al a Passenger? ,Helmet/ Head Lights? • Rear Reflectors/ Printed At: PA State Police - Frackville 10/31/2011 12:49 PM Page 3 Form #: L03.1196126 AA -50D TX • Incident Number: L03- 1196126 Crash Involves: f0 DUI 'J N/A 0 Fatality 0 Work Zone Commonwealth of Pennsylvania Police Crash Report REPORTABLE CRASH 0 State Police Vehicle 0 Local Police Vehicle 0 Commonwealth Vehicle 0 Local Gov Vehicle PAGE 4 O Hit and Run 0 ATV 0 Commercial Vehicle 0 Snowmobile People Information Unit a 001 Person No. 001 First Name TAIME MI A Last Name WILLEY Suffi. DOB 03/2711992 Street Address 291 NORTH 30TH STREET City CAMP HILL (USA) State PA Zip Code 17011 Phone Number (717) 599.8676 EMS Transport YES Person Type DRIVER Gender FEMALE Injury Severity MINOR INJURY Seat Position DRIVER - ALL VEHICLES Safety Equipment 1 LAP AND SHOULDER BELT USED Safety Equipment 2 FRONT AIR BAG DEPLOYED (FOR THIS SEAT) Extrication . FREED BY NON- MECHANICAL MEANS Ejection NOT EJECTED Ejection Path NOT EJECTED /NOT APPLICABLE People Information Unit # 001 Person No 002 First Name KYLE MI D Last Name GREGORY Suffix DDB 0212811992 Street Address 2045 GOOD HOPE ROAD City ENOLA State PA Zip Code 17025 Phone Number (717) 525 -0939 EMS Transport YES Person Type PASSENGER Gender MALE Injury Severity MODERATE INJURY Seat Position FRONT SEAT RIGHT SIDE Safety Equipment 1 LAP AND SHOULDER BELT USED Safety Equipment 2 FRONT AIR BAG DEPLOYED (FOR THIS SEAT) Extrication EXTRICATED BY MECHANICAL MEANS Ejection NOT EJECTED Ejection Path NOT EJECTED /NOT APPLICABLE People Information Unit # 001 Person No 003 First Name JULIA MI M Last Name SMITH Suffi. DOB 12/08/1992 Street Address 101 NORTH SECOND STREET City NEWPORT State PA Zip Code , 17074 Phone Number (717) 659 -6982 EMS Transport YES Person Type PASSENGER Gender FEMALE Injury Severity MODERATE INJURY Seat Position SECOND ROW- LEFT SIDE OR MOTORCYCLE PASSENGER Safely Equipment 1 LAP AND SHOULDER BELT USED Safety Equipment 2 NONE USED / NOT APPLICABLE Extrication FREED BY NON- MECHANICAL MEANS Ejection NOT EJECTED Ejection Path NOT EJECTED /NOT APPLICABLE People Information Unit # 001 Person No. 004 First Name JESSICA MI E Last Name STEVICK Suffix DOB 08/16/1992 Street Avidress 2045 GOOD HOPE ROAD City ENOLA State PA Zip Code 17025 Phone Number (717) 303-4569 EMS Transport YES Person Type PASSENGER Gender FEMALE Injury Severity MODERATE INJURY Seat Position SECOND ROW - RIGHT SIDE Safety Equipment 1 LAP AND SHOULDER BELT USED Safety Equipment 2 NONE USED 1 NOT APPLICABLE Extrication • EXTRICATED BY MECHANICAL MEANS Ejection NOT EJECTED Ejection Path NOT EJECTED /NOT APPLICABLE Printed At: PA State Police • Frackville 10/3112011 12:49 PM Page 4 Form #: L03- 1196126 AA-500 TX Incident Number: L03-1196126 Crash Involves: (DU / r.) Fatality (!N!A n Work Zone Commonwealth of Pennsylvania Police Crash Report REPORTABLE CRASH r) Hit and Run 0 Commercial Vehicle 0 ATV (-) Snowmobile 0 State Police Vehicle 0 Commonwealth Vehicle PAGE 5 0 Local Police Vehicle 0 Local Gov hi . -E 0 c 0 a a. Unit g 002 Person No 005 First Name RACHELLE ' MI A Last Name CUFF - Suffix DOB 06/2611976 Street Address 245 FLORIDA AVENUE City SHENANDOAH Slate PA Zip Code 17976 Phone Number (570)462-1929 EMS Transport NO Person Type DRIVER Gender Injury Seventy FEMALE i NOT INJURED Seat Position DRIVER - ALL VEHICLES Safety Equipment I LAP AND SHOULDER BELT USED Safety Equipment 2 ' FRONT AIR BAG DEPLOYED (FOR THIS SEAT) EN hication NOT EXTRICATED Ejection NOT EJECTED Ejection Path NOT EJECTED/NOT APPLICABLE c o ;..- E Si 0. g a. Unit a 002 Person No 006 First Name NICHOLAS MI M Last Name ' RYAN Stift DOB 08124/1905 Street Address 245 FLORIDA AVENUE City SHENANDOAH State PA Zip Code 17976 Phone Number (570) 462-1929 - EMS Transport NO Person Type PASSENGER 'Gender MALE Injury Seventy NOT INJURED Seal Position SECOND ROW. LEFT SIDE OR MOTORCYCLE PASSENGER Safety Equipment 1 CHILD SAFETY SEAT USED Safely Equipment 2 NONE USED / NOT APPLICABLE Extrication NOT EXTRICATED Ejection NOT EJECTED Ejection Path NOT EJECTED/NOT APPLICABLE Unit # 002 Person No. 007 First Name CHRISTOPHER MI M Last Name CUFF Suffix DOB 03/21/1905 c o Street Address 47 WESTON PLACE City SHENANDOAH Slate PA Zip Cr.de 17976 f. g Phone Number (570) 462-2122 EMS Transport NO Person Type PASSENGER Gender MALE Injury Seventy NOT INJURED Seat Position SECOND ROW - RIGHT SIDE Safely Equipment 1 CHILD SAFETY SEAT USED Safety Equipment 2 Evtrication NONE USED / NOT APPLICABLE NOT EXTRICATED Ejection _. Ejection NOT EJECTED ... Path NOT EJECTED/NOT APPLICABLE t ROBERT 3 Street Address 304 SPRUCE STREET MI Last Name FREDERICKS Suffix Phone Number (570) 668-3113 City TAMAQUA State PA Zip Code 18252 Printed At: PA State Police • Frackville 1D/3112011 12:49PM Page 5 Form #: L03-1196126 AA-5o0 TX Incident N,jmber: L03- 1196126 Crash Involves: 0 DUI (a) N/A 0 Fatality n Work Zone Commonwealth of Pennsylvania Police Crash Report - REPORTABLE CRASH r) State Police Vehicle C f Local Police Vehicle 0 Commonwealth Vehicle U Local Gov Vehicle n Hlt and Run 0 Commercial Vehicle O ATV 0 Snowmobile PAGE 6 E A Mahaky C_rty Borough appro, 1/2 nide 11.10 T TO SCALE NARRATIVE Crash Synopsis This two vehicle crash occurred as Unit #1 was traveling westbound on SR0054 and attempted to turn left onto the Morea Road. Unit#1 traveled into the path of Unit #2 which was traveling eastbound on SR0054 in the right lane. Unit #2 struck the passenger side of Unit #1. Unit #1 came to final rest on the southern berm of SR0054 facing a southern direction and Unit #2 came to final rest in the eastbound lane of SR0054 facing an eastern direction. Crash Details This two vehicle crash occurred -as Unit #1 was traveling westbound on SR0054 and attempted to turn left onto the Morea Road. Unit#1 traveled into the path of Unit #2 which was traveling eastbound on SR0054 in the right lane. Unit #2 struck the passenger side of Unit #1. Unit #1 came to final rest on the southern berm of SR0054 facing a southern direction and Unit #2 came to final rest in the eastbound lane of SR0054 facing an eastern direction. Physical evidence I observed at the scene consisted of Unit #1 and Unit #2 at their aforementioned positions of final rest. Unit #1 sustained damage to the entire passenger side. Unit #2 sustained heavy damage to the front end. On 10115111 at approx. 1210hrs I interviewed Operator #1 at the scene. Operator #1 Printed At PA State Police - Frackville 10131/2011 12:49 PM Page 6 Form #: L03- 1196126 AA -500 TX Incident N•,imber: , L03- 1196125 Crash Involves: 0 Dui (.) Fatality {!) N/A 0 Work Zone Commonwealth of Pennsylvania Police Crash Report n Hit and Run lam) Commercial Vehicle 1Y ATV i.j Snowmobile PAGE 7 REPORTABLE CRASH C State Police Vehicle Cl Local Police Vehicle I_! Commonwealth Vehicle L) Local Gov Vehicle related that she was traveling westbound on SR0054 and her passengers were giving her directions. Operator #1 related that she was told to turn left at the last minute and failed to see Unit #2 approaching from the western side. Operator #1 related that he was struck in the passenger side by Unit #2. On 10/15/11 at approx. 1215 hrs I interviewed Operator #2 at the scene. Operator #2 related that she was traveling eastbound on SR0054 in the right lane at approx 45mph when Unit #1 made a left turn into the path of her vehicle. Operator #2 related that he could not stop in time and struck the passenger side of Unit #1 with the front end of her vehicle. On 10/15/11 at approx. 1225 hrs I interviewed Witness #1 at the scene. Witness #1 related that he was following Unit #1 westbound on SR0054. Witness #1 related that Unit #1 turned left into the path of Unit #2. Witness #1 related that he had to hit his brakes to avoid the crash. Sp7 -0015 issued to Operator #1 and Operator #2 by mail. Operator #1 was cited under the vehicle code for vehicle turning left. News release prepared and posted. Assisted at the scene by Hoffman's Towing. Printed At: PA State Police • Frackville 10131/2011 12:49 PM Page7 Form #: 103.1196126 EXHIBIT B KYLE D. GREGORY 052 Lindsey Road Carlisle, PA 17015 JESSICA E. STEVIOC 8S2 Lindsey Road Carfsle, RA 17015 •, . IN THE COURT OF COMMON PLEAS ,CUMBERLAND COUNTY; PENNSYLVANIA • • JULIA M. SMITH . : Z17 Greenfield Estates Carlisle, Pennsylvania 17015 VERSUS Plaintiff(s) S • Addreo(es):. No. I3.._ Civil Action - () Law TAIME A. WILLEY 291 N. 3041 Street •amp Hun, PA 17011 TO THE PROTHONOTARY OF SAID COURT: Please Issue a Writ of Summons In the above - mentioned action. Writ of Summons shall be Issued and forwarded to (x:c) Attorney Oavid H Rosenberg, Esquire (#20569) • Matthew P. Rosenberg, Esquire (#201485) 1300 unglestown Road - Suite 2 Harrisburg, PA .17110 Date: • •'SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson • Jody S Smith Chief Deputy Richard W Stewart Sadicrl r Orf CS Or TIS Kyle D Gregory (et al.) vs. Telma A Wiley Case Number 2013-5075 SHERIFF'S RETURN OF SERVICE 13 03:00 PM - Deputy Shawn Mattison, b eing duly swore exor4ing.tolaw - --,•Sommdnsbrpes3rsi a g a tba { = ested lllh#t• copy to a:person represent to Wit Talmo) A Wiley.at 1502 Marlton Road, •MechanIcsburg, PA 17 SHERIFF COST: $58.25 September 20, 2013 . I. • Jr. t/ • r'► %r . tQ OerasdO Milk Tonsil. 6K. SO ANSWERS, r 7 • s - - •• *woo 011i0 .. w.• ..+.w+ .•1 f i1.� •P 1 ._1L0,0t... •wteVili.. AND NOW, this 02 CERTIFICATE OF SERVICE day of April, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition for Rule to Show Cause why Insurance Proceeds should not be permitted to be paid into Court upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Suite 2 Harrisburg, PA 17110 Counsel for Plaintiffs Rachel le A. Cuff 245 Florida Avenue Shenandoah, PA 17976 Respondent Jane Ile Cuff 47 Weston Place Shenandoah, PA 17976 Respondent JOHNSON, DUFFIE, STEWART & WEIDNER By: Anthony T. Lucido KYLE D. GREGORY, JESSICA E. STEVICK, AND JULIA M. SMITH, PLAINTIFFS V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TAIME A. WILLEY, DEFENDANT : NO. 13-5075 CIVIL ORDER OF COURT m • `= AND NOW, this 2nd day of May, 2014, upon consideration of the Petition For r� Rule To Show Cause Why Insurance Proceeds Should Not Be Permitted To Be Paid Into Court, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon Respondents: Kyle D. Gregory, 852 Lindsey Road, Carlisle, PA 17015, Jessica E. Stevick, 852 Lindsey Road, Carlisle, PA 17015, Julia M. Smith, 217 Greenfield Estates, Carlisle, PA 17015, Rachelle A. Cuff, 245 Florida Avenue, Shenandoah, PA 17976 and Janelle Cuff, 47 Weston Place, Shenandoah, PA 17976 to show cause why the Petitioner, Erie Insurance Exchange, is not entitled to the relief requested, specifically payment of its policy limits into Court for all personal injury claims that have or which may in the future arise concerning the automobile accident that occurred on October 15, 2011, involving Erie insured Taime Willey and Respondent Rachelle Cuff. 2. The Respondents shall file an Answer to the Petition within 20 days of this date; 3. The Petition shall be decided under Pa.R.C.P. 206.7 4. Depositions shall be completed within 45 days of this date; 5. Argument shall be held on Thursday, August 7, 2014, in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Notice of the entry of this Order shall be provided to all parties by Petitioner. By the Court, nthony T. Lucido, Esquire Attorney for Petitioner/Defendant tfavid H. Rosenberg, Esquire Attorney for Plaintiffs achelle A. Cuff Respondent .Janelle Cuff Respondent bas ecYie.s fZ :LEcL Sl��y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. GREGORY, JESSICA E. STEVICK, and JULIA M. SMITH, v. TAIME A. WILLEY, Plaintiffs, Defendant. No.: 13-5075 'MONO 1.15;' 12 A1111:45 CUMBERLAND s PENNS YLLAN(Arj.t, CIVILA ACTION - LAW JOINT ANSWER OF PLAINTIFFS KYLE D. GREGORY, JESSICA E. STEVICK, AND JULIA M. SMITH TO PETITIONER ERIE INSURANCE EXCHANGE'S PETITION FOR RULE TO SHOW CAUSE WHY INSURANCE PROCEEDS SHOULD NOT BE PERMITTED TO BE PAID INTO COURT Plaintiffs Kyle D. Gregory, Jessica E. Stevick, and Julia M. Smith (jointly, "Plaintiffs"), by and through their undersigned counsel, hereby file this Joint Answer to the petitioner, Erie Insurance Exchange's ("Erie") Petition for Rule to Show Cause Why Insurance Proceeds Should Not be Permitted to be Paid Into Court. 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. Ms. Stevick currently resides at 76 Smith Road, Gardners, Pennsylvania 17324. 4. Admitted. 5. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 6. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 7. Admitted in part, denied in part. It is believed that this crash occurred at the intersection of Route 54 and Morea Road, not Route 55. 8. Admitted. 9. Admitted. 10. Admitted in part, denied in part. It is admitted only that Ms. Willey was insured with Erie. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 15. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 16. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 17. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 18. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 19. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 20. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 21. Denied. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 22. Admitted in part, denied in part. It is admitted that the entire $100,000.00 in coverage should be made available to Plaintiffs through their law firm Handler, Henning, and Rosenberg. Based upon numerous discussions with both Erie and Erie's counsel, Plaintiffs believe that neither Christopher Cuff nor Nicholas Ryan have a valid personal injury claim against Ms. Willey. Moreover, as Rachelle Cuff has not made a claim for personal injuries arising from the October 15, 2011, crash prior to the expiration of the Statute of Limitations, she is prevented at this late date from doing so. Accordingly, because of the seriousness of the injuries suffered by each of the three plaintiffs, the lack of adequate insurance coverage to compensate each of the plaintiffs for their injuries, and the fact that no other party in the crash has presented an injury claim in over 2.5 years (despite numerous requests from Erie to do so), Plaintiffs are of the position that the Court should allow Erie to pay the entire $100,000 to Plaintiffs as compensation for their injuries. If respondents Rachelle Cuff and Janelle Cuff, as parents and/or guardians of minors Nicholas Ryan and Christopher Cuff do not file a response to the Court's May 2, 2014, Order, in an effort to conserve judicial resources, Plaintiffs do not believe that Court intervention is needed, and funds can be disbursed from Erie to Plaintiffs' counsel. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph. 23. Admitted in part, denied in part. It is admitted only that Erie did not collude with Plaintiffs prior to filing its petition. After reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph. 24. The allegations of this paragraph do not require a response by Plaintiffs. To the extent that a response is required, Plaintiffs reiterate their response to Paragraph 22 in that the Court should permit Erie to pay its limits of $100,000 directly to Plaintiffs, through their counsel. 25. The allegations of this paragraph do not require a response by Plaintiffs. 26. The allegations of this paragraph do not require a response by Plaintiffs. To the extent that a response is required, Plaintiffs reiterate their response to Paragraph 22 in that the Court should permit Erie to pay its limits of $100,000 directly to Plaintiffs, through their counsel. WHEREFORE, plaintiffs Kyle D. Gregory, Jessica E. Stevick, and Julia M. Smith jointly request that this Court issue an order directing Erie to pay its policy limits in whole to Plaintiffs through their attorneys. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: May "v 2014 By: David Rosen rg (20569) 1300 Lingl town Road, Suite 2 Harrisburg, PA 17110 Ph: 717.23 8.2000 Fax: 717.233.3029 Email: rosenberg@hhrlaw.com Dated: May $" , 2014 By: Counsel for Kyle D. Gregory and Jessica E. Stevick Matthew P. Rosenb g (201485) 1300 Linglesto oad, Suite 2 Harrisburg, PA , 110 Ph: 717.238.20 0 Fax: 717.233.3029 Email: rosenberg@hhrlaw.com Counsel for Julia M. Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. GREGORY, JESSICA E. STEVICK, and JULIA M. SMITH, Plaintiffs, v. TAIME A. WILLEY, Defendant. No.: 13-5075 CIVILA ACTION - LAW CERTIFICATE OF SERVICE On the 9th day of May 2014, I hereby certify that a true and correct copy of Joint Answer of Plaintiffs Kyle D. Gregory, Jessica E. Stevick, and Julia M. Smith to Petitioner Erie Insurance Exchange's Petition for Rule to Show Cause Why Insurance Proceeds Should Not Be Permitted to Be Paid Into Court was served upon the following by depositing in U.S. Mail: Anthony T. Lucido Law Offices of Johnson Duffie 301 Market Street Lemoyne, PA 17043 Rachelle A. Cuff, 245 Florida Avenue Shenandoah, PA 17976 Janelle Cuff 47 Weston Place Shenandoah,, PA 17976 HANDLER, HENNING & ROSENBERG, LLP David H 'osenberg, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW KYLE D. GREGORY, JESSICA E. STEVICK, AND JULIA M. SMITH, Plaintiffs VS. TAIME A. WILLEY, Defendant No. 13-5075 CIVIL ENTRY OF APPEARANCE fr 2: N) To the Prothonotary of Schuylkill County: Kindly enter my appearance on behalf of the Respondents, Rachelle A. Cuff, on behalf of Nicholas Ryan, a minor; and Janelle Cuff, on behalf of Christopher Cuff, a minor in regards to the above referenced matter. '?(3 .?"7/ Robert E. Matta, Esquire Attorney ID# 52846 21 Radio Station Road Shenandoah, PA 17976 570-462-2623 Counsel for Respondents, Rachelle A. Cuff on behalf of Nicholas Ryan, a minor and Janelle Cuff on behalf of Christopher Cuff, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/I,A CIVIL DIVISION LAW SPE C,,, 1 L; If OW KYLE D. GREGORY, .• JESSICA E. STEVICK, .• AND JULIA M. SMITH, .• Plaintiffs .• vs. TAIME A. WILLEY, Defendant • • No. 13-5075 CIVIL JOINT ANSWER OF RESPONDENTS RACHELLE A. CUFF, ON BEHALF OF NICHOLAS RYAN, A MINOR AND JANELLE CUFF, ON BEHALF OF CHRISTOPHER CUFF, A MINOR TO PETITIONER ERIE INSURANCE EXCHANGE'S PETITION FOR RULE TO SHOW CAUSE WHY INSURANCE PROCEEDS SHOULD NOT BE PERMITTED TO BE PAID INTO COURT AND NOW, comes the Respondents, Rachelle A. Cuff, on behalf of Nicholas Ryan, a minor, and Janelle Cuff, on behalf of Christopher Cuff, a minor, (jointly, "Respondents") by and through their attorney, Robert E. Matta, Esquire, and sets forth the following Joint Answer to Petition for Rule to Show Cause Why Insurance Proceeds Should Not Be Permitted to Be Paid Into Court filed in the above -referenced action and in support thereof avers as follows: 1. Admitted. 2. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 3. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 4. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 5. Admitted in part. Ms Rachelle A. Cuffs current address is 232 Florida Avenue, Shenandoah, Pennsylvania, 17976. 6. Admitted. 7. Admitted in part. It is believed that the crash occurred at the intersection of Route 54 and Morea Road, Schuylkill County, Pennsylvania. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 14. Admitted. 15. Admitted in part. Admitted only to the extent that no claim has been filed on behalf of the minor children. To the extent that the minor children have additional statutory rights related to the accident, and claims thereof, no claims have been filed to date. Respondents specifically reserve their right to make such a claim. 16. Admitted. 17. Admitted in part, and denied in part. It is admitted only that the Erie has made an effort to obtain information related to the injuries. It is denied that Respondents, on behalf of their minor children, have not sustained compensable injuries. 18. Admitted in part. It is admitted only that Respondents, on behalf of their minor children have made no claims to date. To the extent that the minor children may have compensable injuries, such rights are statutorily defined, and as such, Respondents on behalf of their minor children, although not objecting to the Petition, reserve their rights to make claims for the proceeds. 19. Admitted in part. To the extent that the minor children may have compensable injuries, such rights are statutorily defined, and as such, Respondents on behalf of their minor children, although not objecting to the Petition, reserve their rights to make claims for the proceeds. 20. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 21. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 22. Denied. It is specifically denied that Erie should make available to Plaintiffs/Respondents Gregory, Stevick and Smith, all of the proceeds of the $100,000 in coverage. To the extent that the minor children may have compensable injuries, such rights are statutorily defined, and as such, Respondents on behalf of their minor children, although not objecting to the Petition, reserve their rights to make claims for the proceeds. 23. Denied. After reasonable investigation Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph. 24. The allegations of this paragraph do not require a response by Respondents. To the extent that a response is required, Respondents herein iterate that they do not object to the payment of the $100,000 of insurance proceeds to the Court. To the extent that the minor children may have compensable injuries, such rights are statutorily defined, and as such, Respondents on behalf of their minor children, reserve their rights to make claims for the proceeds. 25. The allegations of this paragraph do not require a response by Respondents. 26. The allegations of this paragraph do not require a response by Respondents. To the extent that a response is required, Respondents herein reiterate that they do not object to the payment of the $100,000 of insurance proceeds to the Court. To the extent that the minor children may have compensable injuries, such rights are statutorily defined, and as such, Respondents on behalf of their minor children, reserve their rights to make claims for the proceeds. WHEREFORE, the Respondents, Rachelle A. Cuff, on behalf of Nicholas Ryan, a minor, and Janelle Cuff, on behalf of Christopher Cuff, a minor, request that this Court issue an order directing Erie to pay its policy limits in whole into the Court, and said funds should be held until an appropriate statement of claim, or a resolution of the claims may be submitted for the Court's approval. Date: S" c?-/ " ?-t2/ Respectfully submitted, Robert E. Matta, Esquire Attorney 1D# 52846 21 Radio Station Road Shenandoah, PA PH: 570-462-2623 Email: Robert.E.Matta@gmail.com 570-6244-7075 Fax Attorney for Respondents, Rachelle Cuff, on behalf of Nicholas Ryan, a minor; and Janelle Cuff, on behalf of Christopher Cuff, a minor VERIFICATION I hereby verify that the statements made in the foregoing Answer to Petition for Rule are true and correct to the best of my knowledge and belief. I understand that false statements are made subject to the penalties of 28 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Jlinelle Cuff, on behalf Christopher Cuff, a minor VERIFICATION I hereby verify that the statements made in the foregoing Answer to Petition for Rule are true and correct to the best of my knowledge and belief. I understand that false statements are made subject to the penalties of 28 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Ra elle A. Cuff, on Nicholas Ryan, a minor Date: S ?,0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW KYLE D. GREGORY, . JESSICA E. STEVICK, . AND JULIA M. SMITH, . Plaintiffs . vs. TAIME A. WILLEY, Defendant • • No. 13-5075 CIVIL CERTIFICATE OF SERVICE On the 21st day of May, 2014, I hereby certify that a copy of the foregoing Joint Answer to Petition for Rule to Show Cause Why Insurance Proceeds Should Not Be Permitted to Be Paid Into Court filed by the Respondents, Rachelle A. Cuff„ on behalf of Nicholas Ryan, a minor, and Janelle Cuff, on behalf of Christopher Cuff, a minor, were served, by depositing same in the United States first-class mail, postage prepaid, to: Anthony T. Lucido, Esauire David H. Rosenberg, Esquire Law Offices of Johnson Duffie Handler, Henning & Rosenberg, LLP 301 Market Street 1300 Linglestown Road, Suite 2 Lemoyne, PA 17043 Harrisburg, 0 / Robert E. Matta, Esquire Attorney ID# 52846 21 Radio Station Road Shenandoah, PA PH: 570-462-2623 Email: Robert.E.Matta@gmail.com KYLE D. GREGORY, : IN THE COURT OF COMMON PLEAS OF JESSICA E. STEVICK, : CUMBERLAND COUNTY, PENNSYLVANIA AND JULIA M. SMITH, PLAINTIFFS : V. : • TAIME A. WILLEY, : DEFENDANT : NO. 13-5075 CIVIL ORDER OF COURT AND NOW, this 24th day of`June, 2014, upon consideration of the Petition For Rule To Show Cause Why Insurance Proceeds Should Not Be Permitted To Be Paid Into Court, and the Responses filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that Argument previously set shall be held on Thursday, August 7, 2014, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., \ J. Anthony T. Lucido, Esquire Attorney for Petitioner/Erie Insurance Exchange r _`• ~.44._ ./1:5-avid H. Rosenberg, Esquire ? Attorney for Plaintiffs, Kyle Gregory and Jessica Stevick -0 =7°- .2 - . —Matthew Rosenberg, Esquire Attorney for Plaintiff Julia Smith o —Robert E. Matta, Esquire Attorney for Respondents, Rachelle Cuff on behalf of Nicholas Ryan, a minor; and Janelle Cuff on behalf of Christopher Cuff, a minor bas C'w 4C_S /`&, LEct._ THE PROTHCNCIA 26614 AUG -7 Alt 9: CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: Anthony T. Lucido, Esquire I.D. No. 76583 Attorneys for Defendant 301 Market Street Taime A. Willey P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 atl@jdsw.com KYLE D. GREGORY, JESSICA E. : IN THE COURT OF COMMON PLEAS OF STEVICK and JULIA M. SMITH, : CUMBERLAND COUNTY, PENNA • Plaintiffs : NO. 13-5075 v. : CIVIL ACTION — LAW TAIME A. WILLEY, • • Defendant • PETITION TO APPROVE MINOR'S SETTLEMENT AND NOW, comes the Petition, Janelle Cuff, as parent and natural guardian of Christopher Cuff, a minor, and Petitions this Honorable Court to approve settlement of the personal injury claims of Christopher Cuff against Taime A. Willey, and Erie Insurance ("Erie") and in support thereof aver as follows: 1. This case arises out of an auto accident that occurred on October 15, 2011 at the intersection of Route 55 and Morea Road in Schuylkill County, Pennsylvania. 2. At the time of the accident, Taime A. Willey was driving a 2004 Saturn. Plaintiffs Gregory, Stevick and Smith were all passengers in her vehicle. 3. Respondent, Rachelle A. Cuff, was the driver of the second vehicle involved in the accident. Minors Nicholas Ryan and Christopher Cuff were passengers in her vehicle. 4. At the time of the accident, Ms. Willey was an Erie insured under an automobile liability policy number 201-650706600. 5. Minor claimant, Christopher Cuff, sustained very minor injuries in the accident, in the nature of bumps, bruises and emotional distress. He has received no medical treatment and is fully recovered. 6. The parties have agreed to settle Christopher Cuff's personal injury claim for $500.00. 7. Janelle Cuff, as parent and natural guardian of Christopher Cuff, joins this Petition and agrees that the proposed total settlement of $500.00 is in the best interest of her son, Christopher Cuff. 8. If this Court so requires, the undersigned counsel shall cause to be filed with the Court a document of the Court's choosing as proof that a total of $500.00 has been deposited in a restricted account for the benefit of Christopher Cuff. 9. If approved by this Court, the settlement will be memorialized by a General Release signed by the Petitioner. 10. No attorneys' fees or costs will be taken from the proposed settlement funds. WHEREFORE, Petitioner, Janelle Cuff, as parent and natural guardian of Christopher Cuff, a minor, along with undersigned counsel, respectfully request this Honorable Court authorize the parties to enter into this agreement and sign the Order disbursing funds as outlined above. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER DATE: By: Anthony T. Lucido, Esquire Attorney I.D. No. 76583 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 7 - 0 atl@jd`sw.c DATE: "/-/v Robert E. Matta, Esquire Attorney I.D. No. 52846 21 Radio Station Road Shenandoah, PA 17976 (570) 462-2623 Counsel for Respondents, Rachelle A. Cuff on behalf of Nicholas Ryan, a minor and Janelle Cuff, on behalf of Christopher Cuff, a minor DATE: '"I / Yl �t Jane a Cuff as rent Natural Guardian of Christopher Cuff, a Minor :643890 VERIFICATION/AFFIDAVIT The undersigned state that the facts set forth in the foregoing PETITION FOR APPROVAL OF MINOR SETTLEMENT are true and correct, and that the compromise detailed in the Petition is in the best interest of my son, Christopher Cuff. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. l'-)fal Janell Cuff, as Parent andalNir Natur Guardian of Christopher Cua inor Date: August 1, 2014 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Approval of Minor's Settlement has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August , 2014: Robert E. Matta, Esquire 21 Radio Station Road Shenandoah, PA 17976 Counsel for respondents, Rachelle A. Cuff on behalf of Nicholas Ryan, a minor and Janelle Cuff, on behalf of Christopher Cuff, a minor JOHNSON, DUFFIE, STEWART &WEIDNER By: Anthony T. Lucido, Esquire 4 4, David H Rosenberg Attorney ID# 20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Rosenberg@hhrlaw.com ED - OFFICE: PROTHOliOrt.i. 211j 2: C1-8.1BERL c 12?.fry PEi%1A, Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. GREGORY, JESSICA E. STEVICK, and JULIA M. SMITH, Plaintiffs, No.: 13-5075 V. CIVILA ACTION - LAW TAIME A. WILLEY, Defendant PRAECIPE Please mark the above captioned matter settled and discontinued. Dated: NIelY HANDLER HENNING & ROSENBERG LIP David enberg AND NOW, this CERTIFICATE OF SERVICE day of October, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Discontinue upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David H. Rosenberg, Esquire Handler Henning & Rosenberg, LLP 1300 Linglestown Road Suite 2 Harrisburg, PA 17110 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: Anthon -0L (ucido KYLE D. GREGORY, JESSICA E. STEVICK, AND JULIA M. SMITH, PLAINTIFFS V. TAIME A. WILLEY, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-5075 CIVIL ORDER OF COURT AND NOW, this 18th day of December, 2014, based on the Court's review of the Petition for Minors' Settlements and the Hearing held in this matter, IT IS HEREBY ORDERED AND DIRECTED that the Minors Settlements for Christopher Cuff and Nicholas Ryan are APPROVED. The $500.00 settlement checks may be released by Erie Insurance to Janelle Cuff and Rachelle Cuff, respectively, the parents of the minor children. -7/"Anthony T. Lucido, Esquire Attorney for Petitioner/Erie Insurance Exchange Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043 By the Court, ./Robert E. Matta, Esquire 21 Radio Station Road Shenandoah, PA 17976 achelle A. Cuff 245 Florida Avenue Shenandoah, PA 17976 Cuff 47 Weston Place Shenandoah, PA 17976 bas CZ/72 1t efty