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Home My WebLink About06-5587 Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & : VICKIE S. BAKER and DENNIS NO. 06 - SSA ) BAKER & VICKIE S. BAKER, husband and wife, : Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant PRAECIPE FOR WRIT OF SUMMONS Please issue a Writ of Summons against the following Defendant: George Mers 337 N. 25X Street Camp Hill, PA 17011 GOLDBERG TZMAN, P.C. Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ` (717) 234-6808 (facsimile) Date: / ?-S? Attorney for Plaintiff or "w Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717) 234-4161 (facsimile) Counsel for Plaintiff _ STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS BAKER & VICKIE S. BAKER husband and wife, Plaintiffs, V. GEORGE MYERS, C'cir? ?x--'- NO. O& - S5' S-7 CIVIL ACTION-LAW Defendant WRIT OF SUMMONS TO: George MXers 337 N. 25 Street Camp Hill, PA 17011 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. GOLDBERG TZMA , P. Michael F. Socha Date: '7 / D(e Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiff C? FTI fte) e? y? f } ,a; _ t f"T` :Z7 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com STATE FARM MUTUAL AUTOMOBILE : INSURANCE COMPANY a/s/o DENNIS : BAKER and VICKIE S. BAKER, and DENNIS BAKER and VICKIE S. BAKER husband and wife, ; Plaintiffs V. : Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5587 CIVIL TERM GEORGE MYERS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant George Myers, in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER "47 . Shipm , Esquire Yin e7rs .. #85 301 M arket Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 29, 2006: Michael F. Socha, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER r J ffet§16h J. Shipmarl, Esquire I #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 284168 Attorneys for Defendant r--? ?',? t.? -11 _ i t!? I? ??? y ?f W '7`?) ? _ ?? ?/? .,S , .? ? V ,.1 ?p Michael F. Socha, Esquire I.D. #200988 Goldberg Katzman, P.C. 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS BAKER & VICKIE S. BAKER, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 06-5587 -Civil Term Plaintiffs, CIVIL ACTIGIIN-LAW V. GEORGE MYERS, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, MICHAEL F. SOCHA, ESQUIRE, who being duly sworn according to law deposes and says that on September 26, 2006, he sent a copy of the Writ of Summons by first class mail to Jefferson J. Shipman, Esquire, counsel for Defendant, at Johnson, Duffle, P.O. Box 109, 302 Market Street, Lemoyne, Pennsylvania, who has accepted service of said Writ and acknowledges same by executing an Acceptance of Service, the original of which is attached hereto and made a part hereof. MICHAEL F. SOCHA, ESQUIRE Sworn to and subscribed before me this day of , 2006. Sally A. Mar , Notary Public My Commission Expires: q-174010 ODMA IPCDOCSIDOCY979M3 COMMONWEALTH OF PENNSYLVANIA Noted Seal Saly A. Marsh. Notary Pubic My OF FlartieW% Dat#gn county W C0r11mi6Wm E"m Sept.17. 2010 Member. Pemsyivania Association of Notaries STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, V. GEORGE MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 06-5587 -Civil Term CIVIL ACTION-LAW ACCEPTANCE OF SERVICE I, Jefferson J. Shipman, Esquire, hereby accept service of the Writ of Summons filed on September 25, 2006, on behalf of George Myers, Defendant in the above- captioned matter, and certify that I am authorized to do so. Date: 7 / . Jeffe son J. Shipman, Esquire Johnson Duffie P.O. Box 109 302 Market Street Lemoyne, PA 17043 (717) 761-4540 CJ C-n z y w" ? ?wG Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following paged, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 (717) 232-7536 NOTICIA Le has demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguintes, useted tiene viente (20) dias de plaza al partir de las fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUGICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OPICINA CUYA DIRECCI90N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 (717)232-7536 Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant COMPLAINT Plaintiffs, State Farm Mutual Automobile Insurance Company a/s/o Dennis Baker and Vickie S. Baker and Dennis Baker and Vickie S. Baker, husband and wife, file this Complaint and in support thereof aver the following: 1. Plaintiff, State Farm Mutual Automobile Insurance Company is a business entity authorized to issue automobile insurance policies in the Commonwealth of Pennsylvania, with offices located at 115 Limekiln Road, P.O. Box 257, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Plaintiffs, Vickie S. Baker and Dennis Baker (the Bakers), are adult individuals residing in Cumberland County at 174 County View Estates, Newville, Pennsylvania 17241. 3. Defendant, George Myers, is an adult individual residing in Cumberland County at 34 Creek Bank Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about September 26, 2004 Plaintiff, Dennis Baker (Mr. Baker), was driving northbound in the left hand lane of travel on Route 11, the Carlisle Pike, which has two lanes of travel in each direction. 5. At this time, Defendant was traveling northbound in the right hand lane of travel on Route 11, the Carlisle Pike. 6. At or about this time, Defendant swerved into the left hand lane of travel and impacted Mr. Baker's vehicle on the passenger's side, causing significant damages. 7. Defendant was negligent in that he: a. failed to keep a proper lookout; and b. failed to stay in his lane of travel; and c. improperly entered the left hand lane of travel; and d. failed to maintain proper control of his vehicle; and e. failed to avoid a collision with Mr. Baker. Count I- Negligence State Farm Mutual Automobile Insurance Company a/s/o Dennis Baker and Vickie S. Baker v. George Myers 8. The averments in paragraphs 1 through 7 are incorporated herein by reference as if fully set forth. 9. As a direct and proximate result of Defendant's negligence, Mr. Baker sustained damages to his vehicle in the amount of $4,084.14. 10. The Bakers submitted a claim for the aforesaid losses to Plaintiff State Farm Mutual Automobile Insurance Company, which made payment for those damages and pursues this subrogation action to recover for the losses paid. 2 WHEREFORE, Plaintiff State Farm Mutual Automobile Insurance Company demands judgment against Defendant in the amount of $4,084.14, together with the costs of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. Count II- Negligence Dennis Baker v. George Myers 11. The averments in paragraphs 1 through 10 are incorporated herein by reference as if fully set forth. 12. As a direct result of Plaintiff's negligence, Plaintiff, Dennis Baker, sustained painful and severe bodily injuries, which include but are not limited to severe sprain to his back and neck, both of which may be permanent in nature and may have aggravated pre-existing conditions, all causing him great pain and suffering. 13. By reason of the aforesaid injuries sustained by Plaintiff, Dennis Baker, was forced to incur costs for medical treatment, medications and similar expenses in an effort to cure himself of the injuries sustained in this accident, all to his great damage and financial loss. 14. As a result of the aforesaid injuries, Plaintiff, Dennis Baker, has undergone, and in the future, will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and a claim is made therefore. WHEREFORE, Plaintiff, Dennis Baker, demands judgment against defendant, George Myers, in an amount less than Thirty-Five Thousand dollars ($35,000), together with the costs of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. 3 Count III- Loss of Consortium Vickie S. Baker v. George Myers 15. The averments in paragraphs 1 through 14 are incorporated herein by reference as if fully set forth. 16. As a direct result of Defendant's negligence and the aforesaid injuries suffered by her husband, Dennis Baker, Plaintiff, Vickie S. Baker, has been and may in the future be deprived of the normal comfort, society, services, companionship and consortium of her husband, Dennis Baker, all of which will be to her great detriment, and a claim is made therefore. WHEREFORE, Plaintiff, Vickie S. Baker, demands judgment against defendant, George Myers, in an amount less than Thirty-Five Thousand dollars ($35,000), together with the costs of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. Date: GOLDBERG KATZ AN, P.C. Michael F. Socha Attorney I.D. 4200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiffs 4 VERIFICATION I, Dennis Baker, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 1 ennis Baker Date: VERIFICATION I, Vickie S. Baker, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Vickie S. aker Date: VERIFICATION I, Michael F. Socha, Esquire, hereby acknowledge that I am the Attorney for State Farm Mutual Automobile Insurance Company a/s/o Dennis and Vickie Baker, Husband and Wife, and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Michael F. Socha, Esquire Date: 10 l ,'S?? 0 (o l?? f'^?.? f:-:? L..} ?. ?"? ?? ? ? ??. ' ?Y ? ' ^ ? 3 { l ? IVl , .7', n.} } ? CTS '?` l { ? ,-Y. _ ",? ? 4 .emu ? ? zi ri? ?:_', .. ?w . ? -...3 Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5587 CIVIL ACTION-LAW V. GEORGE MYERS, Defendant CERTIFICATE OF SERVICE On this 301h day of October, 2006, I certify that a copy of the Complaint was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jefferson J. Shipman, Esquire Johnson Duffie P.O. Box 109 302 Market Street Lemoyne, PA 17043 k717) 70 1-4540 GOLDBERG KA ZM , P.C. Michael F. Socha Attorney I.D. 4200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 / (717) 234-6808 (facsimile) Date: 1 3 D/ ?' Attorney for Plaintiffs N :. F U P Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 STATE FARM MUTUAL AUTOMOBILE : INSURANCE COMPANY a/s/o DENNIS : BAKER and VICKIE S. BAKER, and DENNIS BAKER and VICKIE S. BAKER : husband and wife, Plaintiffs Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06-5587 CIVIL TERM GEORGE MYERS, Defendant : JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Michael F. Socha, Esquire Goldberg Katzman P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. JOHNSON, DUFFIE, STEWART & WEIDNER Jeff rsoW. Shipman, F-sc(Uire I.D. : 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY a/s/o DENNIS : CUMBERLAND COUNTY, PENNSYLVANIA BAKER and VICKIE S. BAKER, and DENNIS BAKER and VICKIE S. BAKER : husband and wife, CIVIL ACTION - LAW Plaintiffs V. NO. 06-5587 CIVIL TERM GEORGE MYERS, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATER AND NOW, comes the Defendant, George Myers, by and through his counsel, Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Denied. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 2 and the same are therefore denied. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted only that there was contact between the Plaintiffs' vehicle and the Defendant's vehicle. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are therefore denied. 7. Denied. The averments contained in Paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained in Paragraph 7 and subparagraphs a. through e. are specifically denied. Count I - Negligence State Farm Mutual Automobile Insurance Company a/s/o Dennis Baker and Vickie S Baker v. George Myers 8. Mr. Myers incorporates herein by reference his answers to Paragraphs 1 through 7 above as though fully set forth herein at length. 9. Denied. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied and strict proof demanded at the time of trial. 10. Denied. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, George Myers, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Count II - Negligence Dennis Baker v. George Myers 11. Mr. Myers incorporates herein by reference his answers to Paragraphs 1 through 10 above as though fully set forth herein at length. 12. Denied. The averments contained in Paragraph 12 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in Paragraph 12, relating to the Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to the Plaintiff's alleged medical treatment, and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14, relating to the Plaintiffs alleged pain and suffering, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, George Myers, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Count III - Loss of Consortium Vickie S. Baker v. George Myers 15. Mr. Myers incorporates herein by reference his answers to Paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. After reasonable investigation, Mr. Myers is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16, relating to the Plaintiff, Vickie Baker's, alleged loss of consortium, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, George Myers, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 17. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Financial Responsibility Law. 18. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Doctrine of Comparative Negligence. 19. That the Plaintiffs' alleged cause of action may have been caused by persons or entities not presently involved in this action. 20. That there was a settlement of the alleged property damages. 21. That the Plaintiffs may have failed to mitigate their damages. 22. That the Plaintiff, State Farm, may have overpaid the claims presented. 23. That the Plaintiffs' alleged injuries and damages were not caused by any alleged negligence by Mr. Myers. 24. That the Plaintiffs' alleged injuries and damages were pre-existing. WHEREFORE, the Defendant, George Myers, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JO)ON, DUFFIE, STEWART & WEIDNER Jfferkh J. Shipmah, Esquire torneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 / e-mail: jjs@jdsw.com DATE : t i / G?O ?p Attorneys for Defendant 286157 ! VERIFICATION I, George Myers, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. George Mye s DATE: 286167 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on d? Michael F. Socha, Esquire Goldberg Katzman P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs 286157 JOHNSON, DUFFIE, STEWART & WEIDNER Jeffer on J.`Shipman, Ei(quire I.D. 51785 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant r" r Michael F. Socha, Esquire I.D.#200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161;(717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant PRAECIPE TO APPEND VERIFICATION TO COMPLAINT TO THE PROTHONOTARY: Attached is the Verification signed by a representative of State Farm Mutual Automobile Insurance Company. Please append this to the Complaint filed of record on behalf of the Plaintiffs on October 26, 2006. GOLDBERG ZMAN, P.C. Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: kyzoG Attorney for Plaintiffs ? w VERIFICATION r,. L ( , a representative of State Farm Insurance Company, hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. State Farm Insurance Company B,-VY. N?Lt, ?=?z i .r CERTIFICATE OF SERVICE On this I S day of OvtwSt/ , 2006, I certify that a copy of the foregoing document was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jefferson J. Shipman, Esquire Joh-ison Duffie P.O. Box 109 302 Market Street Lemoyne, PA 17043 (717) 761-4540 GOLDBERG KATZMAN, P.C. Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 _ (717) 234-6808 (facsimile) Date: 1 ?? f Attorney for Plaintiffs ?r 'r1 crN i_ Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs CIVIL ACTION-LAW V. GEORGE MYERS, Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiffs, by and through their counsel, Goldberg Katzman, P.C. file this Reply to Defendant's New Matter and in support thereof aver the following: 17. Denied. The allegation is a conclusion of law to which no response is necessary. 18. Denied. The allegation is a conclusion of law to which no response is necessary. 19. Denied. The allegation is a conclusion of law to which no response is necessary. 20. Denied. The allegation is a conclusion of law to which no response is necessary. 21. Denied. The allegation is a conclusion of law to which no response is necessary. 22. Denied. State Farm did not overpay the claims presented. 23. Denied. The allegation is a conclusion of law to which no response is necessary. 24. Denied. The Plaintiffs' injuries and damages were not pre-existing. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendant's New Matter with Prejudice. GOLDBERG KATZMAN, P.C. r Michael F. Socha Attorney I.D. 4200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 / (717) 234-6808 (facsimile) Date: Attorney for Plaintiffs 2 VERIFICATION I, Michael F. Socha, hereby acknowledge that I am the Attorney for State Farm Mutual Automobile Insurance Company a/s/o Dennis Baker and Vickie Baker and Dennis Baker and Vickie Baker and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. "?k. ( Michael F. Socha, Esquire Date: CERTIFICATE OF SERVICE On this )- ^.( day of NO v e-z S t,- , 2006, I certify that a copy of the foregoing was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jefferson J. Shipman, Esquire Johnson Duffie P.O. Box 109 302 Market Street Lemoyne, PA 17043 (717) 761-4540 GOLDBERG KATZMAN, P.C. Michael F. Socha Supreme Court ID #200988 Attorneys for Plaintiff o pit N co Michael F. Socha, Esquire I.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 2344161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant PRAECIPE TO APPEND VERIFICATION TO PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO THE PROTHONOTARY: Attached are the Verifications signed by Plaintiffs Dennis and Vickie Baker. Please append these to Plaintiffs' Reply to Defendant's New Matter filed of record on behalf of the Plaintiffs on November 28, 2006. RG KA ZM , P.C. GOLDBE Z:2 Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 I ` ?? (717) 234-6808 (facsimile) Date: j? ` 3 9 ( Attorney for Plaintiffs VERIFICATION I, Vickie Baker, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r Date: ?? ?0 ?? VERIFICATION I, Dennis Baker, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Q ?/ ?`` CERTIFICATE OF SERVICE On this -J "O"day of N 9 VfM(f ('- , 2006, I certify that a copy of the foregoing document was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Jefferson J. Shipman, Esquire Johnson Duffie P.O. Box 109 302 Market Street Lemoyne, PA 17043 (717) 761-4540 GOLDBERG KATZM, P.C. 0AW4I'-( "J", Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 3 p J (717) 234-6808 (facsimile) Date: l Attorney fur Plaintiffs r-a c.:a -n C:D -' r i .... c5 - Michael F. Socha, Esquire 1.D. #200988 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANY a/s/o DENNIS BAKER & VICKIE S. BAKER and DENNIS NO. 06-5587 BAKER & VICKIE S. BAKER, husband and wife, Plaintiffs, CIVIL ACTION-LAW V. GEORGE MYERS, Defendant PRAECIPE TO APPEND VERIFICATION TO PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER TO THE PROTHONOTARY: Attached is the Verification signed by Plaintiff State Farm Mutual Automobile Insurance Company. Please append this to Plaintiffs', Reply to Defendant's New Matter filed of record on behalf of the Plaintiffs on November 28, 2006. Date: l ?_/` 1,9 C." GOLDBERG Z .C. - x1le ?_ _ X? I Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney far Plaintiffs From: FAXmaker To: 18662319276 Page: 414 Date: 11121/2006 2:01:15 PM VERIFICATION I, a&15 MO4YA , a representative of State Farm Insurance Company, hereby acknowledge that I have read the foregoing Reply to New Matter and that the facts stated therein are tnie and correct to the best of my knowledge, information. and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S, §4904, relating to unsworn falsification to authorities. State Farm Insurance Company ?Y .. ..... .... .......................... ..... .......... This fax was sent with GFI FAXmaker fax server. For more information. visit: htto://www.afi.com CERTIFICATE OF SERVICE On this (,I* day of I?K,c»r5f l , 2006, I certify that a copy of the foregoing document was served upon the following party or counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Xiferson J. Shipman, Esquire Johnson Duffle P.O. Box 109 302 Market Street Lemoyne, PA 17043 (717) 761-4540 Date: a`l Y( GOLDBERG TZ AN, P.C. Michael F. Socha Attorney I.D. #200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiffs n ' m . 1 ? . ., G1 c-n l:? SHERIFF'S RETURN - NOT SERVED w CASE NO: 2006-05587 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STATE FARM MUTUAL AUTOMOBILE I VS MYERS GEORGE R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MYERS GEORGE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 34 CREEK BANK DRIVE MYERS GEORGE NOT SERVED , as to MECHANICSBURG, PA 17055 SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: So answers* Docketing 18.00 Service .00 Affidavit .00 Thomas ICT-ine Surcharge 10.00 Sheriff of Cumberland County .00 / 28.00? GOLDBERG KATZMAN 11/01/2006 (Irl Sworn and Subscribed to before me this day of , A. D. STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY a/s/o DENNIS : CUMBERLAND COUNTY, PENNSYLVANIA BAKER and VICKIE S. BAKER, and DENNIS BAKER and VICKIE S. BAKER : husband and wife, CIVIL ACTION - LAW Plaintiffs V. : NO. 06-5587 CIVIL TERM GEORGE MYERS, Defendant : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued with prejudice. GOLDBERG KATZMAN, P.C. F? ? 4 CV4'__' Michael F. Socha, Esquire I.D. No. 200988 320 Market Street P.O. Box 1258 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: G