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HomeMy WebLinkAbout05-4793RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ................................................. .......... EDWARD G. GEBHART and PATRICIA A. GEBHART, Plaintiffs 35 Regency Woods North Carlisle, PA 17013 NO. (Ds-'?'?43 V 'CIVIL ACTION BRIAN E. NACE, Defendant 01 U. '_* L - F" LAW 463 Rich Valley Road ;JURY TRIAL DEMANDED Carlisle, PA 17013 ......................................................................................................................: PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action against Defendant. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff. Date: j r Richard F. Maffet , Jr., Esq. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. ro onotary Dated: Al o?? BY I ( Deputy G °Ct ? r , EDWARD GEBHART and PATRICIA A. GEBHART, Plaintiffs VS. BRIAN NACE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4793 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days or suffer a judgment of non pros. TO THE PLAINTIFFS: RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: L Prothonotary. ?.- t' <-? i'. `7 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff EDWARD G. GEBHART and PATRICIA E. GEBHART, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4793 Civil Term v BRIAN E. MACE, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 RICHARD F. MAFFETT, JR., ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EDWARD G. GEBHART and PATRICIA A. GEBHART, Plaintiffs v BRIAN E. MACE, Defendant NO. 05 - 4793 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this ? day of May, 2006, comes the Plaintiffs, EDWARD G. GEBHART and PATRICIA A. GEBHART, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represent the following: 1. Plaintiff, Edward G. Gebhart, is an adult individual who currently resides at 35 Regency Woods North, Carlisle, Cumberland County, PA, 17013. 2. Plaintiff, Patricia A. Gebhart, is an adult individual who currently resides at 35 Regency Woods North, Carlisle, Cumberland County, PA, 17013. 3. Defendant, Brian E. Nace, is an adult individual who currently resides at 463 Rich Valley Road, Carlisle, Cumberland County, PA, 17013. 4. On September 17, 2003, at about 7:19 a.m., Plaintiff Edward G. Gebhart was driving his vehicle headed East on Wertzville Road, in Silver Spring Township, Cumberland County, PA. 5. At the same time, Defendant Brian E. Nace, was also driving his truck headed East on Wertzville Road, in Silver Spring Township, Cumberland County, PA, to the rear of Plaintiff Edward G. Gebhart's vehicle. 6. At the aforesaid time and place, traffic slowed, causing Plaintiff Edward G. Gebhart to slow his vehicle, but Defendant failed to stop his truck, causing the front of Defendant's truck to strike the rear of Plaintiff Edward G. Gebhart's vehicle, as a result of all of which, Plaintiff Edward G. Gebhart suffered severe physical injury. 7. Defendant Brian E. Nace owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his automobile in such a way as not to cause harm or damages to said other persons, and to Plaintiff Edward G. Gebhart in particular. 8. The collision and all of the injuries and damages to Plaintiffs herein related are the direct result of the careless, reckless, and negligent manner in which Defendant operated his automobile as follows: 2 a. failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including Plaintiff's vehicle; b. traveling too fast for conditions, in violation of 75 P.S. 3361; C. failing to maintain adequate control over his vehicle; d. failing to yield the right of way on the roadway; e. failing to apply his brakes in time to avoid striking Plaintiff's vehicle; and, f. following Plaintiff's vehicle too closely. 9. As a direct and proximate result of the aforesaid collision, Plaintiff Edward G. Gebhart suffered injuries including, but not limited to, the following: a. cervical sprain/strain; b. cervical disc injury; C. aggravation of cervical degenerative disc disease; d. concussion; e. thoracic sprain/strain; f. lumbar sprain/strain; g. lumbar disc injury; and, h. aggravation of lumbar degenerative disc disease. 3 10. As a result of the injuries he received from the aforesaid collision, Plaintiff Edward G. Gebhart has incurred in the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of his aforesaid injuries. 11. As a further result of the aforesaid collision, Plaintiff Edward G. Gebhart suffered a loss of earnings, and permanent impairment of his earning capacity and power, and claim is made therefore. 12. As a further result of the aforesaid collision, Plaintiff Edward E. Gebhart has suffered permanent diminution of his ability to enjoy life and life's pleasures. 13. As a result of the injuries he received from the aforesaid collision, Plaintiff Edward E. Gebhart has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 14. As a direct and proximate result of the aforesaid collision, Plaintiff Edward E. Gebhart has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, EDWARD G. GEBHART, demands judgment against Defendant, BRIAN E. NACE, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest 4 and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT a• 15. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 14 above as fully as though herein set forth at length. 16. Plaintiffs Edward G. Gebhart and Patricia A. Gebhart are husband and wife. 17. As a result of Defendant's negligence as set forth above, resulting in injuries to Plaintiff Edward G. Gebhart as detailed above, Plaintiff Patricia A. Gebhart has been deprived of the consortium, assistance and society of her husband, Edward G. Gebhart, all of which has been to her great damage and loss. WHEREFORE, Plaintiff PATRICIA A. GEBHART demands judgment against Defendant BRIAN E. NACE, in an amount in excess of Thirty-Five Thousand ($35,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, A7?? i- LU IV )., Richard F. Maff tt, r., Esq. 5 I, EDWARD G. GEBHART, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: ? n WARD G. GEBHART, Plaintiff I, PATRICIA A. GEBHART, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: ?5-? ATRICIA A. GEB ART, Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Casey G. Shore, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: 5 - 00-0(0 )LI ? " k"-je Z' Richard F. Matt t, Jr., Esq. G. c r.: .c Lys y. CP 3: _ W C-t • A Jenni H. Allen, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jallen@ngplawfirm.com EDWARD GEBHART and PATRICIA A. GEBHART, Plaintiffs VS. BRIAN NACE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4793 - CIVIL : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Brian Nace, with regard to the above-captioned matter. Respectfully submitted, NEALON GKDVER & PERRY By: Date: (n'_7 - OCo I.D. 311 241 rth Front Street Harrisburg, PA 17110 (717) 232-9900 i CERTIFICATE OF SERVICE AND NOW, this ?? day of June, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, return receipt requested, addressed to: Richard F. Mafett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 r t:- T ntr= CJ -i 1 _ _s.. ,.:. rn Ly ?. Jenni H. Allen, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jailen@ngplawfirm.com EDWARD GEBHART and PATRICIA A. GEBHART, Plaintiffs VS. BRIAN NACE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4793 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Edward and Patricia A. Gebhart c/o Richard F. Mafett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON GOVER & PERRY By: k#: 84311 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: (o--7 - bCo Jenni H. Allen, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jallen @ ngplawfirm. com EDWARD GEBHART and PATRICIA A. GEBHART, Plaintiffs VS. BRIAN NACE, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-4793 - CIVIL : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1.-3. Admitted upon information and belief. 4.-5. Admitted. 6.-14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 15. No response required. COUNT 2 16. Admitted upon information and belief. 17. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein by reference thereto as if set forth at length. 19. Plaintiffs claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant respectfully requests that the Complaint filed against him be dismissed with the cost of this action. NEALON GOVER & PERRY By: Jen VAllbn, Esquire Att n y I.D. No. 84311 241 orth Front Street Harrisburg, PA 17110 Date: Cn - 7 - 0(-o (717) 232-9900 VERIFICATION I, Jenni H. Allen, Esquire, make this Verification on behalf of the Defendant, Brian Nace, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this -? -0., day of June, 2006, 1 hereby certify that I have served the foregoing ANSWER TO COMPLAINT WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, return receipt requested, addressed to: Richard F. Mafett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 ?? ? ?.>, ? < ? :? -n ,.; nir= W,? _? T 1 G? C} ? -?n ..'.? `. 3 n `? ??- ?? `77 -4 .. ..Y CC- J4.793 (2,viC?1 VERIFICATION I, Brian Nace, verify that the statements made in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER 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. Date: G 2 4 Brian ace ' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 01")?a IN THE MATTER OF: COURT OF COMMON PLEAS EDWARD & PATRICIA GEBHART TERM, CUMBERLAND -VS- CASE NO: 05-4793 BRIAN NACE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JAMES G. NEALON, III, ESQ* certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/14/2007 MCS on behalf of ?sf,? AMES G. NEALON, III, ES6. Attorney for DEFENDANT R1.33 133-H DE11-0687397 65531-LO1 V COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: EDWARD & PATRICIA GEBHART -VS- BRIAN NACE COURT OF COMMON PLEAS TERM, CASE NO: 05-4793 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ROBERT C. ZIBINSKY, D.C. MEDICAL RECORDS & XRAYS TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of JAMES G. NEALON, III, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. if the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/23/2007 CC: JAMES G. NEALON, III, ESQ. - PATRICIA HOFFMAN - MCS on behalf of JAMES G. NEALON, III, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361262 65531-C02 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDWARD & PATRICIA GEBHART VS. BRIAN NACE File No. 05-4793 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROBERT C ZIBINSKY D.C. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Q= Inc 1601 Market Street, Site 800 Pliladelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JAMES G. NEALON. III. ES ADDRESS: 2411 NORTH FRONT STRE TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, MAY 14 2001 Date: fl? I rZQ Co 7 r- Seal of the Court 65531-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT C. ZIBINSKY, D.C. 3028 MARKET STREET CAMP HILL, PA 17011 RE: 65531 EDWARD G. GEBHART Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 09-17-2003 to the present. Subject : EDWARD G. GEBHART 35 REGENCY WOODS, CARLISLE, PA 17013 Social Security #: XXX-XX-8693 Date of Birth: 09-24-1944 R1.31S 133-H SU10-0682166 65531-LO1 ;l v 1 -fl cn fJ v C.S EDWARD G. GEBHART and PATRICIA E. GEBHART, Plaintiffs' V. BRIAN E.-NACE, Defendant IN-THE COURT OF COKI[ON PLEAS OF CUKBERLAND COUNTY, PENNSYLVANIA NO. 05-4793 CIVIL R f `' 312;,1, The Petition for Appointment of Arbitrators shall be substantially in, the following gorm; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE,, THE JUDGES OF SAID COURT: RiSClard F Maffett, Jr. Esq. counsel for the plaintiff A10ftH i t in the above action (nm=M), respectfully represents that: 1, . The above-captioned action (x=xxUdvm) is (xx) at issue. 2. The claim of the plaintiff in the action is $_ 50,000.00 The counterclaim of the defendant in the action is NIA The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Richard F. -Maffett, Jr., Esq. ; James G. Nealon, III, Esq., Nealon, Gover & Perry WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Res ectfully submitted, ?f . J Richard F. Maf e t, Jr., Esq. ORDER OF COURT AND NOW, , 19 in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. INf v Y 7 r k> m r-w EDWARD G. GEBHART and IN - THE COURT OF COMMON PLEAS OF PATRICIA E. GEBHART, CMIBI LAND C UNTY, PENNSYLVANIA Plaintiffs NO. 05-479? V. - BRIAN E. NACE, ' Defendant ' "KUTtR 13127-1, The Petition forAppointment of Arbitratoz in, the following ,form; PETITION FOR APPOINTMENT OF TO THE HONORABLE,. THE JUDGES OF SAID COURT: Richard F,, Maffett, Jr Esct, counsel for .the p the above action (axXs ), respectfully represents t' 1, . The above-captioned action kcaxxx2iom) is (x 2. The claim of the plaintiff* in the action is The counterclaim of the defendant in the acti CIVIL shall be substantially of f }k Mums t in at: RS) at issue- 50,000.00 n is N/A The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Richard ?.-Maffett, Jr., Esq.; James G. Nealon, III, Esq., Nealon, Gover & Pe WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing pa'tition, Esq. , and 7 , M__ Res ectf ORDER OF COURT Richard / ao?Q 'D , in consideration of the above-captioned action (or actions) as prayed for. Esq., D-t e appdinted arbitrators in he ?.I% J. u ly submitted, J? . Maf e t, Jr., Esq. C ? 0 a { ``' -rt J } z? r7l I- z t? J Gl._ l N N{ Lij Lt p ?_ 7 C3 LAJ ?.- ?? F MaEf tloj Nei Pa voi Ja?? a???i pw? EDWARD G. GEBHART and PATRICIA A. GEBHART, Plaintiffs vs BRIAN E. NACE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4793-CIVIL CIVIL ACTION - LAN : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS upon counsel of record by First Class United States Mail, addressed as follows: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: V13/it Richard F. Maffett, r., Esquire Attorney for Plaintiffs Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 C? -on cue m ? on -c RICHARD F. MAFFETT, JR., ESQUIRE Attorney I.D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiffs .............................................................................................: EDWARD GEBHART and :IN THE COURT OF COMMON PLEAS PATRICIA A. GEBHART, 'CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-4793 V BRIAN NACE, 'CIVIL ACTION - LAW Defendant ;JURY TRIAL DEMANDED ..................................................................................................... PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, this ? k day of ^Y"-, 2008, comes the Plaintiffs, EDWARD GEBHART and PATRICIA A. GEBHART, by their attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 18. Denied. Plaintiffs' Averments in Paragraphs 1 through 18 are incorporated by reference as though set forth herein fully at length. 19. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that Plaintiffs' claims are barred in any way by the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, A--? // 11-?Illlbll Richard F. Maff t, J?rl' Esq. 2 VERIFICATION I, RICHARD F. MAFFETT, JR., ESQUIRE, have read the foregoing Plaintiffs, Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I.verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: , RICHARD F. MAFFETT, J ES IRE 41 • ' • ..................................................................................................... EDWARD GEBHART and :IN THE COURT OF COMMON PLEAS PATRICIA A. GEBHART, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-4793 V BRIAN NACE, :CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ....................................................................................................: CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing PLAINTIFFS' REPLY TO DZFA2VANT'S 11W ArATTSR upon counsel of record by First Class United States Mail, addressed as follows: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: A-? J/, 4X? )'/ / Richard F. Maffett, r., Esquire Attorney for Plaintiffs (717) 233-4160 ? N G:J r' si Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. VS- - `j7 ? 3 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with elity. SignatAe Si Signature 5 /1 z Name (Chairman) Name Name 'S 2 i d, S r jn w a r" URa LANf OFFIcer ? Law Firm Law Firm C;) 61 ez 0- T 21 S. P) Address Address L Law Firm Address C-e Pe- n -o'13 1-7011 / jo / City, zip City zip City, zip,01 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) f3 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: i o $ Date of Award: b Notice of Entry of Award Now, the '116 day of _, 20 01 , at q:oo , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350 ..00 By: Prothonotary Deputy IS, C3 POPU- Est Copl? Ana ?" ' G Jam'' ?'?'os '10 James G. Nealon, III, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jnealon@ngplawfirm.com EDWARD GEBHART and PATRICIA A. GEBHART, Plaintiffs BRIAN NACE, VS. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4793 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Brian Nace appeals from the award of the Board of Arbitrators entered in this case on April A jury trial is demanded X . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that: (1) The compensation of the arbitrators has been paid, or (2) Application has been made for permission to proceed in forma pa peris. (Strike out the inapplicable cause.) By: James G. Nealon, III, Esquire Atty. I.D. #46457 2411 N. Front Street Harrisburg, PA 17110 (717)232-9900 Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.7(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. CERTIFICATE OF SERVICE AND NOW, this day of April, 2008, 1 hereby certify that I have served the foregoing document on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, return receipt requested, addressed to: Richard F. Mafett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 M10 1? wt, na ()?M --tit & VVV(I Q J es G. Nealon, III, Esquire '6A, 1 O ? - J 77 oa ?? ? p ? 7 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: © for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) EDWARD G. GEBHART and PATRICIA E. GEBHART, (Plaintiff) VS. BRIAN E. NACE (Defendant) VS. ? Civil Action - Law ® Appeal from arbitration (other) The trial list will be called on 0 8 119 / 2 0 0 8 and Trials commence on „ 09/ 15/ 2008 Pretrials will be held on 0 8/ 2 7/ 2 0 0 8 (Briefs are due S days before pretrials No. 05-4.793 Ciyil,Term Indicate the attorney who will try case for the party who files this praecipe: Richard F. Maffett, Jr., Esquire 2201 North Second Street, Harrisburg, PA 17110 (717-233-4160) Indicate trial counsel for other parties if known: James G. Nealon, III, Esquire 2411 North Front Street, Harrisburg, PA 17110 This case is ready for trial. Signed: / L:`' ` T L? // Print Name: Richard F. Maf fett, Jr. Date: 71 d Attorney for: P l a i n t i f f s fT) i?.j Y . 'N \ 61 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Dated: ?IZSJig IL4 1 / / Richard F. Maffet Jr., Esq. t? \J yt,: A RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiffs ....................................................................................................... EDWARD GEBHART and PATRICIA A. ::IN THE COURT OF COMMON PLEAS GEBHART, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 05-4793 V BRIAN NACE, 'CIVIL ACTION - LAW Defendant ;JURY TRIAL DEMANDED ......................................................................................................: To: Brian E. Nace, Defendant and his attorney James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 NOTICE OF INTENT TO OFFER DOCUMENTARY EVIDENCE PURSUANT TO RULE 1311.1 AND NOW, this 'fly day of August, 2008, comes Plaintiffs EDWARD G. GEBHART and PATRICIA E. GEBHART, by their attorney, Richard F. Maffett, Jr., Esq., to provide notice they intend to offer all or part of the following documents, copies of which are attached hereto, into evidence at the trial of the appeal from the award of arbitrators, in the manner provided by Rules of Civil Procedure 1311.1 and 1305: 1. Copies of nine (9) color photographs depicting damage to Plaintiff's van; -OL 2. Copies of six (6) color photographs depicting damage to Defendant's pick-up truck; 3. Copies of three (3) color photographs depicting final resting place of Plaintiff's van; 4. Nationwide Century II Auto Policy for Edward G & Patricia 09/17/03 09/26/03-08/05/04 09/23/03-01/07/04 03/02/04-04/13/04 03/24/04-04/12/04 Holy Spirit Hospital Good Hope Family Physicians Robert C. Zabinski, D.C. Michael Cordas, D.O., Arlington Orthopedics HealthSouth 6. CPARC Leave Request Slip for 09/17/03-09/19/03; 7. CPARC Leave Request Slip for 09/19/03; 8. CPARC Leave Request Slip for 09/23/03; 9. CPARC Leave Request Slip for 11/26/03; and, 10. CPARC Leave Request Slips for 03/02/043 and 04/13/04. Respectfully submitted, /L11 JI Richard F. Maffe J , Esq. Gebhart, for policy period from 03/29/03 to 09/29/03; 5. Medical Records: Date Provider 09/17/03 Silver Spring Ambulance & Rescue Association 2 i .. CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Notice of Intent to Offer Documentary Evidence Pursuant to Rule 1311.1 upon counsel of record by personal service upon: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: g ls?? ?' -1i=:z- - Z > Richard F. Maffett r. Esq. C? '= t ?` I1?r ? "? -? ? . k ?, jr, n. RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 171 10 (717) 233-4160 Attorney for Plaintiffs ....................................................................................................... EDWARD GEBHART and PATRICIA A. IN THE COURT OF COMMON PLEAS GEBHART,CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs NO. 05-4793 V BRIAN NACE, ;CIVIL ACTION - LAW Defendant :,JURY TRIAL DEMANDED ......................................................................................................: PLAINTIFFS' STIPULATION TO LIMITATION OF MONETARY RECOVERY PURSUANT TO RULE 1311.1 TO: Brian Nace, Defendant, and his attorney James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 AND NOW, this JfA day of .r? 2008, comes the Plaintiffs, EDWARD GEBHART and PATRICIA A. GEBHART, by their attorney, Richard F. Maffett, Jr., Esquire; and, pursuant to Pa.R.C.P. 1311.1, stipulate to $25,000.00 as the maximum amount of damages recoverable upon the trial of the appeal from the award of arbitrators in the above-captioned matter. Respectfully submitted, d', Richard F. Maff tt, Jr., Esq. p, h. CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Stipulation to Limitation of Monetary Recovery Pursuant to Rule 1311.1 upon counsel of record by personal service upon: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: U/>S?Og. a Richard F. Maffet , J ., Esq. C= r7-: ; r*fl -n ? ?-zt ?t r-. s ' r f 44.• ?y r4 l) EDWARD G. GEBHART and PATRICIA A. GEBHART, Plaintiffs V. #Il IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. NACE, CIVIL ACTION - LAW Defendant 05-4793 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 27th day of August, 2008, a pretrial conference was held before Edgar B. Bayley, Judge, present for the Plaintiffs is Richard F. Maffett, Jr., Esquire, and Defendant's counsel is Casey G. Shore, Esquire. This is an automobile accident case which has been appealed by Defendant from an award before a Board of Arbitrators. It is a rear-end accident in which liability is admitted. Plaintiffs seek general damages for soft-tissue injuries. The estimated time of trial is one day. Defendant's attorney is not available for a jury pick on Monday, otherwise, the jury may be picked at any time. Plaintiffs' counsel will be trying case No. 10, Cupp versus Weis Markets, before this case. Richard F. Maffett, Jr., Esqi 2201 North Second Street Harrisburg, PA 17110 For the Plaintiffs Casey G. Shore, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendant Court Admin Prothonotary pcb l- c .{ II EDWARD G. GEBHART and PATRICIA E. GEBHART : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V BRIAN E. NACE NO. 2005-4793 CIVIL TERM ORDER OF COURT AND NOW, September 16, 2008, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the November 17, 2008 trial term. The Prothonotary is directed to relist this case for the November 17, 2008 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. /Richard F. Maffett Jr., Esquire For the Plaintiff .//James G. Nealon, III, Esquire For the Defendant Court Administrator (26F 4 rt?da VINVA-l,ASNN3d 9 ? :6 WV L f 83S 9001 #11 EDWARD G. GEBHART and IN THE COURT OF COMMON PLEAS OF PATRICIA A. GEBHART, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs C ° C7 C;o T1 V. NO. 05-4793 CIVIL TERM D BRIAN E. NACE, ; Defendant CIVIL ACTION - LAW. IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, October 29, 2008, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Richard F. Maffett, Jr., Esquire. Present for the Defendant was Casey G. Shore, Esquire. This is an automobile accident case which has been appealed by Defendant from an award before a Board of Arbitrators. The Plaintiff has agreed that any jury verdict would be reformed not to exceed $25,000.00 and give an appropriate notice to the Defendant with regard to submitting medical reports, et cetera. The Defendant has conceded negligence. The issue to be decided by the jury will be causation and the amount of damages. Estimated time for the trial is one day. There are no apparent conflicts. This case was not reached on the September trial list to the disappointment of both parties. We would hope that it could be one of the first cases to go during this trial term. Settlement is not likely. Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 For the Plaintiffs Casey G. Shore, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendant Prothonotary Court Administrator srs EDWARD G. GEBHART and IN THE COURT OF COMMON PLEAS OF EDWARD G. GEBHART as Administrator of the CUMBERLAND COUNTY, PENNSYLVANIA Estate of PATRICIA A. GEBHART, CIVIL ACTION - LAW Plaintiffs NO. 05-4793 CIVIL TERM V BRIAN E. NACE, Defendant IN RE: CAPTION AMENDED ORDER OF COURT AND NOW, this 20th day of November, 2008, the caption of the within case is amended to substitute for Patricia A. Gebhart, Edward G. Gebhart, Administrator of the Estate of Patricia A. Gebhart. By the Court, ? Richard F. Maffett, Jr., Esquire For Plaintiffs ,/James G. Nealon, III, Esquire For Defendant :bg CO- rl ? SS a i//,A 1106 1,4 44 K7 A. Hess, J. e°?Z P'+?.4 es ) ?--? i ? °! t„"; ;'?" _ ?. _ EDWARD G. GEBHART and the IN THE COURT OF COMMON PLEAS OF ESTATE OF PATRICIA A. CUMBERLAND COUNTY, PENNSYLVANIA GEBHART, Plaintiffs CIVIL ACTION - LAW NO. 05-4793 CIVIL VS. BRIAN E. NACE, Defendant VERDICT 1. We, the jury, find in favor of the Plaintiff, Edward Gebhart, and against the Defendant, Brian Nace, in the amount of. $ 1041 a. 71 73 -2- 2. On a claim of loss of consortium, we award the Estate of Patricia Gebhart the amount of: $ OOU . 00 Date: It- 2.0 -ZOO R Foreperson: b?p- ca?ve,-- I ??? C? zi CASE NO.: / i COURTROOM NO.: G' DOCKET NO.: DS V W3 DATE: /I I7 O uror # Name Random No. 1 66 WEISEL, NANCY -1949113377 2- 1 SEfH ¦a`IrRi RR 7 A T T T f / 'l l i - 4 74 HEFFERNAN, CATHERINE A -1796653695 5 72 LEHMAN, JUDSON L. -1606547493 6 84 WOODINGS, RUTH S. -1546544263 VALERIE -1 9 64 WAGGONER, BRET -1321331063 10 63 Epp E••_AM*?i- -1312174680 12 - 4 -888136955- 13 73 GINTER, DENISE D. -709483648 1-11 - d ?-- 15 39 MOORE, JUDITH E -589329712 16 61 17 iA7 A tyKe A ?iFF *_ -376674252 17 79 SAVAGE, KENNETH -222802019 18 58 ELLERMAN, LEROY E. JR. 211399463 19 77 KEMPER, MATTHEW B. 377963415 20 81 HASTING, JOSEPH 498963219 2 ( 69 RITCHEY, LINDSEY P. 536992130 22 90 DAWSON, GERALD 626670869 23 86 MARPOE, RONALD G 800567887 24 83 ADAMS, HARRY E. JR. 842394712 5 68 KEHNER, KEVIN J 1011681573 26 61 MILLER, JOHN E JR 1061527914 27 91 NEMETH, NANCY M. 1073584818 28 93 MCCULLOUGH, KARLA 1206290480 29 32 DROZDOWSKI, DUANE W 1278766699 () 46 ?v¢f-ER-S, onE4S R Mi5,5;,,s 1308771985 31 52 BERKHEIMER, CHASE W. 1359785342 32 76 MARAVIC, CAROLYN J 1434564014 33 85 WEIKSNER, VICTORA M 1590102598 34 62 KNIGHT, ROXANNE 1992465315 3 5 60 ASBURY, EDWARD D. 2142013869 Monday, November 17, 2008 )4u..Io A&-,;?q(ek -IL Page 1 of 1 pl? RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................................................................................. EDWARD G. GEBHART and EDWARD G. GEBHART, as Administrator of the Estate of Patricia A. Gebhart, Plaintiffs NO. 05 - 4793 Civil Term v :CIVIL ACTION - LAW BRIAN E. NACE, Defendant ............................................................................................................: PLAINTIFFS' BILL OF COSTS AND NOW, this 25th day of November, 2008, comes the Plaintiffs, EDWARD G. GEBHART and EDWARD G. GEBHART, Administrator of the Estate of Patricia A. Gebhart, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully submit the following Bill of Costs regarding the above-captioned matter: Date Description Amount 09/14/05 Writ of Summons $ 55.50 09/27/05 Sheriff's Service Upon 35.57 Defendant 02/12/08 Appointment of Arbitrators 24.00 07/25/08 Praecipe For Trial 25.00 Total: $ 140.07 1? WHEREFORE, Plaintiffs, EDWARD G. GEBHART, and EDWARD G. GEBHART as Administrator of The Estate of Patricia A. Gebhart, respectfully request that the Prothonatary assess the aforesaid costs against Defendant, BRIAN E. NACE, to be added to the amount of compensatory damages awarded against Defendant. Respectfully submitted, Richard F. Maffett, Jr., Esq. VERIFICATION I, RICHARD F. MAFFETT, JR., ESQUIRE, have read the foregoing Plaintiffs' Bill of Costs and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: /61 J- RICHARD F. MAFFETT JR. ESQ. RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date 9/14/2005 Receipt Time 14:38:02 Receipt No. 168629 GEBHART EDWARD G ET AL (VS) NACE BRIAN E Case Number 2005-04793 Received of PD RICHARD F MAFFETT JR ESQ IM Total Non-Cash..... + 55.50 Check# 11822 Total Cash......... + .00 Change ............. - .00 Receipt total...... = 55.50 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount WRIT OF SUMMONS 35.00 CUMBERLAND CO GENERAL FUND TAX ON WRIT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 5.00 CUMBERLAND CO GENERAL FUND AUTOMATION FEE 5.00 CUMBERLAND CO AUTOMATION FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL 55.50 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEBHART EDWARD G ET AL VS NACE BRIAN E RECEIVED OCT - 5.200 VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NACE BRIAN E the DEFENDANT at 2041:00 HOURS, on the 27th day of September, 2005 at 463 RICH VALLEY ROAD CARLISLE, PA 17013 by handing to BRIAN NACE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.20 Postage .37 Surcharge 10.00 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 09/28/2005 RICHARD MAFFETT JR By: vl/ Deputy Sh iff A. D. Prothonotary .11 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date 2/12/2008 Receipt Time 8:55:46 Receipt No. 204782 GEBHART EDWARD G ET AL (VS) NACE BRIAN E Case Number 2005-04793 Received of PD RICHARD F MAFFETT JR ATTY IM Total Non-Cash..... + 24.00 Check# 13652 Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $24.00 ------------------------ Distribution Of Payment ---------------------------- Transa.ction Description Payment Amount APPT OF ARBITRA 24.00 CUMBERLAND CO GENERAL FUND $24.00 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 7/25/2008 Carlisle, Pa 17013 Receipt Time 8:45:27 Receipt No. 212121 GEBHART EDWARD G ET AL (VS) NACE BRIAN E Case Number 2005-04793 Received of PD ATTY MAFFETT RL Total Non-Cash..... + 25.00 Check# 14003 Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $25.00 ------------------------ Distribution Of Payment ----- -------- ------ --------- Transaction Description Payment Amount PRAECIPE TRIAL 25.00 CUMBERLAND CO GENERAL FUND $25.00 RICHARD F. MAFFETT, JR. ATTORNEY AT LAW Prothonotary of Cumberland County Cost Advanced 7/24/2008 14003 Office Sovereign Gephart, E 05-4793 Praecipe/Trial Listing 25.00 25.00 .If, CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Bill of Costs upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 Dated: kA U" j ,,, -, llsI6 R Richard F. Maffe , Jr , Esq. w, -t tNu -, cp , ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................................................................................ EDWARD G. GEBHART and EDWARD G. GEBHART, as Administrator of the Estate of Patricia A. Gebhart, Plaintiffs NO. 05 - 4793 Civil Term v :CIVIL ACTION - LAW BRIAN E. NACE, Defendant ............................................................................................................: PLAINTIFFS' MOTION FOR DELAY DAMAGES AND NOW, this 25th day of November, 2008, comes the Plaintiffs, EDWARD G. GEBHART and EDWARD G. GEBHART, Administrator of the Estate of Patricia A. Gebhart, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represent the following: 1. Plaintiffs' cause of action accrued on September 17, 2003, as a result of a motor vehicle accident. 2. Plaintiffs filed a Praecipe For Writ of Summons on September 14, 2005, which was first served upon Defendant on September 27, 2005. (See Exhibits A & B attached.) 3. Defendant's sole written offer of settlement was made on October 4, 2004, in the amount of $3,500.00. (See Exhibit C attached.) 4. Defendant's aforesaid settlement offer did not contain an express clause continuing the offer in effect for at least ninety (90) days or until commencement of trial whichever occurs first; and, as a result, does not comply with the requirements of Pa.R.C.P. 238(b(1)(I) and (B)(2) for a valid settlement offer when calculating delay damages. (See Exhibit C attached.) 5. On November 20, 2008, after trial by jury, verdicts were rendered awarding compensatory damages to Plaintiff Edward G. Gebhart in the amount of $10,271.32; and, $1,000.00 to Edward G. Gebhart, Administrator of the Estate of Patricia A. Gebhart. 6. Pursuant to Pa.R.C.P. 238(a)(2), Plaintiffs are entitled to delay damages calculated from September 27, 2006, one (1) year after the date original process was first served, through November 20, 2008, the date of the verdicts. 7. Plaintiff Edward G. Gebhart is entitled to delay damages totaling $1,927.47, calculated as follows: 2006 7.25% Prime Rate + 1.0% = 8.25% Applicable Interest Rate $10,271.32 Verdict x 8.25% _ $847.38 09/27/06 through 12/31/06 = 96 Days 96 Days/365 Days = .2630 $847.38 x .2630 = $222.86 Delay Damages for 2006 2007 8.25% Prime Rate + 1.0% = 9.25% Applicable Interest Rate $10,271.32 Verdict x 9.25% _ $950.10 Delay Damages for 2007 2 2008 7.25% Prime Rate + 1.0% = 8.25% Applicable Interest Rate $10,271.32 Verdict x 8.25% _ $847.38 01/01/08 through 11/20/08 = 325 Days 325 Days/365 Days = .8904 $847.38 x .8904 = $754.51 Delay Damages for 2008 8. Plaintiff Edward G. Gebhart, Administrator of the Estate of Patricia A. Gebhart is entitled to delay damages totaling $187.66, calculated as follows: 2006 7.25% Prime Rate + 1.0% = 8.25% Applicable Interest Rate $1,000.00 Verdict x 8.25% = $82.50 09/27/06 through 12/31/06 = 96 Days 96 Days/365 Days = .2630 $82.50 x .2630 = $21.70 Delay Damages for 2006 2007 8.25% Prime Rate + 1.0% = 9.25% Applicable Interest Rate $1,000.00 Verdict x 9.25% = $92.50 Delay Damages for 2007 2008 7.25% Prime Rate + 1.0% = 8.25% Applicable Interest Rate $1,000.00 Verdict x 8.25% = $82.50 01/01/08 through 11/20/08 = 325 Days 3 325 Days/365 Days = .8904 $82.50 x .8904 = $73.46 Delay Damages for 2008 WHEREFORE, Plaintiffs, EDWARD G. GEBHART, and EDWARD G. GEBHART as Administrator of the Estate of Patricia A. Gebhart, respectfully request that delay damages be assessed against Defendant, BRIAN E. NACE, to be added to the amount of compensatory damages awarded against Defendant in the amount of $1,927.47 for EDWARD G. GEBHART; and, $187.66 for EDWARD G. GEBHART, Administrator of the Estate of Patricia A. Gebhart. Respectfully submitted, Richard F. Maffett, Jr., Esq. 4 It RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , .................................. a................................................................................ EDWARD G. GEBHART and PATRICIA A. GEBHART, Plaintiffs 35 Regency Woods North Carlisle, PA 17013 Gi"Y ni - v, OM N J N' NO. DS-'?79?3 l.lvLl??L V :CIVIL ACTION - LAW BRIAN E. NACE, Defendant 463 Rich Valley Road ;JURY TRIAL DEMANDED Carlisle, PA 17013 ...................................................................................................................: PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action against Defendant. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff. Date: oj I > chard F. Maffet Jr., Esq. Ri WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE. ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Dated: g ,Epq- I,-/, a, rx zs 1/ cy u 1, y 9 Ya.zY -0 w?l?' mny ha;'¢) EXHIBIT:; .a ' aZ.,'0 ?d4? 3 gr 0- A-4 Ce __:A?'dsk. i"t:-. 'lay CASE NO: 2005-04793 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEBHART EDWARD G ET AL VS NACE BRIAN E RECEIVED OCT - 5.2005 VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NACE BRIAN E the DEFENDANT , at 2041:00 HOURS, on the 27th day of September, 2005 at 463 RICH VALLEY ROAD CARLISLE, PA 17013 BRIAN NACE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.20 Postage .37 Surcharge 10.00 .00 35.57 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 09/28/2005 RICHARD MAFFETT JR By: tl" Deputy ShgPlIff EXHIBIT B Prothonotary ` ~` Anstate,RRRISBURG DPAV1 711 2-2 765 0 0 0 You're in good hands. RICHARD MAFFETT JR 2201 N 2ND ST HARRISBURG PA 17110-1007 October 04, 2004 INSURED: BRIAN NACE DATE OF LOSS: September 17, 2003 CLAIM NUMBER: 1554713345 B19 RE: Edward Gebhart PHONE NUMBER: 800-726-8890 FAX NUMBER: 717-540-7540 OFFICE HOURS: Mon - Fri 8:00am - 5:30pm Dear Mr. Maffett, I have reviewed the information you have provided and based on that information, I am prepared to extend an offer of $3,500.00. This includes your client's wage loss. If your client is agreeable, please advised and I will forward the necessary release. Sincerely, Patricia Hoffiwn, SCLA Patricia Hoffman, SCLA 717-540-7554 Allstate Insurance Company EXHIBIT C RECEIVED OCT - g 70A4 GEN1001 1554713345 B 19 1'` 1001)['S180(3o]o4lOo4O1T01)U0201()1001)003 '' CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Motion For Delay Damages upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 A-4 Dated: Richard F. Maffet , Jr., Esq. t... ?.a <: ::;'7 ?`;? -r ?». _.. ??..? '.: ?.? , 7;? ?.? ?` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................................................................................. EDWARD G. GEBHART and EDWARD G. GEBHART, as Administrator of the Estate of Patricia A. Gebhart, Plaintiffs NO. 05 - 4793 v :CIVIL ACTION - BRIAN E. NACE, Defendant ............................................................................................................: PRAECIPE Civil Term LAW Please mark the above-captioned matter settled and discontinued. Dated: December 19, 2008 /L_j d, Richard F. Maffe t, Esq.