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HomeMy WebLinkAbout06-2013P \PILE$VDATAEILEVGener.1ACwrcutA11393 LcomlAmas Created: 9/20/04 0 '06PM R,,1,cd'. 4/10/06 11-05AM 11393 1 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs VALERIE FITE and JOHN FITE, her husband, 304 Widders Drive Mechanicsburg, PA 17055 Plaintiffs, V. ISABEL HEATH, 521 E. Winding Hill Road Mechanicsburg, PA 17055 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ? l NO. OL - d nl3 n -L); CIVIL ACTION - LAW I JURY TRIAL DEMANDED 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 maybe entered againstyoubythe courtwithout further notice for any money claimed in the Complaint or for any other claim or reliefrequested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MART EARDO IL` S & OTTO George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VALERIE FITE and JOHN FITE, her husband, 304 Widders Drive Mechanicsburg, PA 17055 Plaintiffs, V. ISABEL HEATH, 521 E. Winding Hill Road Mechanicsburg, PA 17055 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 61? - ;-) p 13 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs are adult individuals residing as husband and wife at 304 Widders Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is an adult individual residing at 521 East Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On October 28, 2004, Plaintiff, Valerie Fite, was the operator ofa 1984 Ford Thunderbird bearing Pennsylvania registration plate DAB 1825. 4. On October 28, 2004, Defendant was the owner and operator of a 2001 Ford Taurus bearing Pennsylvania registration plate DCA2965. On October28, 2004, at approximately 7:30 p.m., Plaintiff, Valerie Fite, was operating her vehicle when she lawfully stopped for a stop sign facing south on SR 2004 at the intersection of SR 174. At the same time and place, Defendant failed to stop at the stop sign going north on SR 2004 at intersection of SR 174 when she collided with the left front quarterpanel of Plaintiffs' vehicle. Plaintiffs elected the Full Tort option on their automobile insurance policy. COUNT I - NEGLIGENCE Valerie Fite v. Isabel Heath 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. This accident occurred as aresult of the Defendant's negligence and was due in no manner to any act, or failure to act, on part of Plaintiffs. 10. Defendant's negligence consisted of the following: a. failing to properly operate and control her motor vehicle; b. failing to keep alert and maintain aproper lookout for the presence ofothermotor vehicles from the streets and highways; C. operating her vehicle in careless disregard forthe safetyof others and Plaintiffs in particular in violation of 75 Pa. CSA § 3361; d. failing to operate her vehicle in such a manner as to comply with the assured clear distance ahead; and e. failing to observe the presence of Plaintiffs' vehicle when the Defendant knew or should have known of the presence of Plaintiffs' vehicle. 11. As aresult ofDefendant's negligence, Plaintiff Valerie Fite sustained serious bodily injury as described, in part, as follows: a. Head laceration; b. Concussion; C. Neck and shoulder pain; d. Lower back; C. Chronic cervical pain; f. Left foramina] hard disc complex at C5-6; g. High grade left foraminal stenosis; h. Diffuse degenerative disc disease; i. Type grade I anterolisthesis of C4 on C5; j. Reversed lordotic alignment to the cervical spine; k. Mild spinal stenosis at C5-6; and 1. Noncompressive disc bulges. 12. Asa direct and proximate result offlefendant's negligence, carelessness and recklessness, Plaintiff, Valerie Fite, suffered injuries and damages which include but are not limited to the following: a. past, present and future pain and suffering; b. loss of life's pleasures; b. loss of income; loss of earning capacity; and d. medical expenses. WHEREFORE, Plaintiff, Valerie Fite, hereby demands judgment in her favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. COUNT II - LOSS OF CONSORTIUM John Fite v. Isabel Heath 13. Paragraphs I through 12 are incorporated herein by reference. 14. Asa direct and proximate result ofthe aforesaid negligence ofDefendant, saidnegligence being a direct and proximate result ofthe aforesaid injuries to his wife, Plaintiff, John Fite, has lost and will continue to lose the companionship, comfort, society, services and other forms ofconsortium ofhis wife. WHEREFORE, Plaintiff, John Fite, hereby demands judgment in his favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. DEARDORFF WILLIAMS & OTTO By George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: April 10, 2006 VERIFICATION The foregoing Complaint is based upon information which has been gathered by mycounsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false averments, I maybe subject to criminal penalties. I YQAA ( Valerie Fite John Fite F PILES\DATAFILEIGe rvI\C-rzc,, 11393.1.mI {(? - l y?_ V ?"?.? ? f^ Vj ?i {'? ? V In 1 `?? ? ?\J ? ? ..J f? ? ?1 ?f J '^ '`/ t..y ^? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FITE VALERIE ET AL VS HEATH ISABEL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEATH ISABEL the DEFENDANT at 2000:00 HOURS, on the 12th day of April , 2006 at 521 E WINDING HILL ROAD MECHANICSBURG, PA 17055 ISABEL HEATH by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Postage .39 Surcharge 10.00 .00 38.07 Sworn and SubscriWR 6 to bit-ore me this day of A. D. So Answers: R. Thomas Kline 04/13/2006 MDW&O By: Deputy Sheri 17- Prothonotary qw. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VALERIE FITE and CIVIL DIVISION JOHN FITE, her husband, Plaintiffs, NO. 06-2013 V. PRAECIPE FOR APPEARANCE ISABEL HEATH, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15128 M6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VALERIE FITE and CIVIL DIVISION JOHN FITE, her husband, Plaintiffs, NO. 06-2013 V. ISABEL HEATH, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Isabel Heath, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15TH day of December, 2006. George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evin D. Rauch, Esquire Counsel for Defendant c i r r; co c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VALERIE FITE and JOHN FITE, her husband, Plaintiffs, CIVIL DIVISION NO. 06-2013 V. ISABEL HEATH, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. ?It . ? h I." IJA.,l Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VALERIE FITE and CIVIL DIVISION JOHN FITE, her husband, Plaintiffs, NO. 06-2013 V. (Jury Trial Demanded) ISABEL HEATH, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, ISABEL HEATH, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof there of is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that a collision occurred between the vehicles on the date, time and place identified. The remainder of the averments in Paragraph 6 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof there of is demanded at the time of trial. COUNT I - NEGLIGENCE VALERIE FITE v. ISABEL HEATH 8. In response to Paragraph 8, the Defendant reiterates and repeats all of her responses in Paragraph 1 through 7 as if fully set forth at length herein. 9. Paragraph 9 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. 10. Paragraph 10, and all of its subparts, state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. 11. Paragraph 11, and all of its subparts, state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. 12. Paragraph 12, and all of its subparts, state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. WHEREFORE, Defendant, ISABEL HEATH respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT II - LOSS OF CONSORTIUM JOHN FITE v. ISABEL HEATH 13. In response to Paragraph 13, the Defendant reiterates and repeats all of her responses in Paragraph 1 through 12 as if fully set forth at length herein. 14. Paragraph 12 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof there of is demanded at the time of trial. WHEREFORE, Defendant, ISABEL HEATH respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 14. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 15. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 16. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 17. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, ISABEL HEATH, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Isabel Heath #15128 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, thiv34 day of January, 2007. George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Y Kevin 'd. Rauch, Esquire Counsel for Defendant - E ? `-' ; F.\FILES\DATAFILE\General\Cuaent\11393\1 msl/tde ti Revised: 2/28/07 4:54PM 11393.1 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs VALERIE FITE and JOHN FITE, her husband, Plaintiffs V. ISABEL HEATH, Defendant JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiffs, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Defendant's New Matter as follows: 14. Denied. To the contrary, Defendant, Isabel Heath, through her insurance carrier, Motorists Mutual Insurance Co., has acknowledged that the accident occurred solely as the result of her negligence, recklessness and carelessness. The only issue in this case would be the amount of damages which Plaintiffs are entitled. See Exhibit "A" containing the written confirmation of this fact. 15. The averments of this paragraph are conclusions of law to which no response is required. To the extent a response may be deemed required, this averment is denied. 16. Denied. To the contrary, Plaintiffs are covered by the full tort option and a copy of their declaration sheet reflecting the full tort option is attached hereto as Exhibit "B." 17. Denied. To the contrary, Defendant has admitted that the accident is solely her responsibility and the only issue for the Court or jury to determine in this matter is the amount of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2013 CIVIL ACTION LAW damages to which Plaintiff would be entitled. WHEREFORE, Plaintiffs, Valerie Fite and John Fite, hereby demand j udgment in their favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. MARTSON LAW By . Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 1, 2007 Attorneys for Plaintiffs 10/20/2006 09:18 It 7.0A6/2006 02:42 717-2, 1850 to 11:AST HIC-al srRrbT L"ENMMAWN1,11 On U% 7l.l.r;rtuo., r, 17171243-3341 r %A NIWLK (7171 243-185a 1,,-ri!1t'0,T Wwmindwo. torn N0.962 9001 MDW & 0 PAGE 02/ 0') ATTI)rtN1.V% ZC ('r)I;!VgULLORS AT L,%\ \V11 1 toN r. M.k+e,so\, JUlty B. Fuwl.cx l11 marl. K. pr?\tenrrRrr• 1'H, A-4AS J, W1LI.I,"•ed" 11?» V. (JTTO UT ctaf7kov 13. F,?! Id-x JA." •{iu1C.) l?l il71 It I Septftuber 21, 2006 VIA IACSIMIL.E (0090-6431) Ms. Xolanda R. Caruso Senior Litigation Adjuster The Motorists Insurance Group 2674 Monroeville Blvd. Momxwville, PA 15146-2344 RE: YouT Insured: Our Client: Your Claim No.: Date of Loss: Our File No.: Dear Ms. Caruso: lsabel Heath Valerie Fite and John Fite 3-739'773 10/28/04 11393.1 CARL C. RI%cll D,xvloA. F:Tisl?u)?. CHRIS' omairt E. Rx•r .It-4,NmR L. SPFARS E 1111 A11Y A. bf.;%,4 A47c'11ASL J. C01-1.1-A 7C•:, II.TmW,.fry I\I I.ir when I spoke to you at the end of last week. you indicated that this file was on your Supervisor's desk to obtain some authority. At this point, I = willing to cOudnuc your e*easion to answelr the Complaint for another week. By that time, hopefiilly, you will have your evaluation concluded. I would, however, need confirmation from you that the accident was caused solely by the negligence of your insux , Isabel Heath. In addition, You advised that th,et'e was $2'77,375.99 remaining in her $300,000.00 single litnitpolicy. 1wanted to c mfmn dlk there were no issues ofcoverage, as well. Otherwise, I will need to go ahead and get a formal Answer to the Complaint filed well in advance of October 28, 2006. Very '1 © RFF WILLIAMS & OTTO e g. F / 1 GBF/nlm' cc: Mr. and Mrs. Jahn Fite FMWIDATAM.P.AMmKC,rrmn)73-U LyrA Confirmed: 1tt1,P 0 Date (:?4 lvrutc?r:?rto? ?c)vl<-H Acy ? 10/16/2006 02:39PM Exhibit "A" 3LGRPA BRIE ERIE INSURANCE EXCHANGE NSGFMNCE PIONEER FAMILY AUTO POLICY GROUP oo Ere ins. P+ CONTINUATION NOTICE t' PA 16530 AGENT ITEM 2. POLICY PERIOD POLICY NUMBER AA7637 ANTHONY & EVANS INS AGY 07/02/04 TO 07/02/05 Q07 0203797 H ST JOHN G FITE & VALERIE C H FITE 304 WIDDERS DRIVE MECHANICSBURG PA 17055-9745 AGENT - ANTHONY & EVANS INS AGY 650 WYNDAMERE ROAD ***** AGENT PHONE - (717) 938-4507 LEWISBERRY PA 17339 0000 ************************************************************ * CONGRATULATIONS! A PIONEER EXPERIENCE RATING CREDIT HAS * BEEN APPLIED TO YOUR POLICY PREMIUM. ************************************************************ ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS DDP 1 91 BUIC LESABRELTD 1G4HR54C9MH482127 PA 4F 6 A1BL-M MM50 2 84 FORD T BIRD 1FABP4635EH2 4997 PA .4F-K A2AS-M FM50 ITEM 5. INSURANCE IS PROVIDED WHERE A PREMIUM OR INCL, IS SHOWN FOR THE COVERAGE. COVERAGES, LIMITS AND ANNUAL PREMIUMS ARE AS FOLLOWS- - THE LI ABI LI T?- PRO BODILY INJU PROPERTY DA FIRST PARTY B MEDICAL EXP INCOME LOSS INJ INSURA INJ A10 CAL D MA #1 #2 *****GOOD DRIVER RATES APPLY***** 3)OPTION APPLIES TO ALL PRIVATE PASSENGER VEHICLES. --- I?100M/ACCN $300M/ACC 86 /MONTH, $15M MAXIMUM 12 TS COVERAGE- 2 ERSON $300M/ACC-STACKED 19 COMPREHENSIVE - $50 COLLISION - $200 DED C-STACKED 146 80 68 10 2 19 146 85 TOTAL ANNUAL PREMIUM FOR EACH AUTO $ 496940 474 TOTAL ANNUAL POLICY PREMIUM ITEM 6. APPLICABLE POLICY ENDORSEMENTS EXCEPTIONS TO DECLARATIONS ITEMS ALL AUTOS - FAP 04/97, OF L06 05/01, AFM1 10/98, AFPA03 04/03. AUTO 1 - AFPU01 04/03. AUTO 2 - AFPU01 04/03. :JLTI POLICY DISCOUNT APPLIES - AMOUNT OF DISCOUNT IS $g 67 kSSIVE RESTRAINT DISCOUNT APPLIES - AUTOMATIC BELTS AUTO 1 **************************************************************************** * YOU HAVE BEEN INSURED WITH THE ERIE FOR AT LEAST 15 YEARS. THIS POLICY WILL O**RECEIVE *A DEFENSIVE *DRIVER *PLAN SURCHARGE **OR*FUTURE ACCIDENTS. * Exhibit "B" I . ?ft VERIFICATION The foregoing Plaintiffs' Response to Defendant's New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal ?kL At, Valerie Fite John Fite CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Plaintiffs' Response to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 MARTSON LAW OFFICES By: 6? ?. Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 1, 2007 C? r Y rt s %-? ?? r F41LES\C1ients\11393\I 1393.1.pra l Created. 03107100 09.48:31 AM Revised. 12/06/07 02:46:46 PM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs VALERIE FITE and JOHN FITE, her husband, Plaintiffs, V. ISABEL HEATH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02013 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTSON LAW OFFICES By , _W. I George B. alle , Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ,2 - } - p 7 Attorneys for Plaintiffs 0 C' C= ? N ' 3 - =1.= LF7 .r - rn 2 ••