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Home My WebLink About00-08292 > BRIAN MASCHMEYER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW ; NO: ('y) --P;('9~ CL~L~~ AMY BASSNEY and, ALLSTATE INSURANCE COMPANY Defendants : JURY TRIAL DEMANDED 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 TIllS 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 our WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 (717) 232-7536 .,_. . v.'O~ - '~~-&~=, " ~ ,-" =' "".' -~> ----..;,1 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. S1 NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUG1CIENTE DE PAGAR TAL SERVIC10, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OP1CINA CUYA DIRECC190N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR AS1STENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, PA 17013 (717) 232-7536 ~ "'~~'_.d'"'~ "."V'" ~ - .,C'~ BRIAN MASCHMEYER Plaintiff : IN TIffi COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : NO: t'O - 6'.2.9.J- ~ t..u-- AMY BASSNEY and, ALLSTATE INSURANCE COMPANY Defendants : JURy TRIAL DEMANDED AND NOW, comes the Plaintiff, by and through their attorneys, Goldberg, Katzman & Shipman, P.C., and state: COUNT! 1. Plaintiff Brian Maschmeyer is an adult individual residing at 143 North Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Amy Bassney is an adult individual residing at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Allstate Insurance is a business entity engaged in the issuance of policies of insurance including auto property insurance with a local office at 6345 Flank Drive, Suite 1000, Harrisburg, Dauphin County, Pennsylvania. 4. This matter arises from a motor vehicle accident that occurred on June 3, 1999, and actions subsequent thereto regarding the handling of a property damage claim by Defendant Allstate Insurance. 5. On the aforesaid date, Brian Maschmeyer was the owner of a 1992 Volkswagen Jetta. ;".i,' 6. Defendant Amy Bassney was the owner of a 1991 Toyota Celka. 7. This motor vehicle accident occurred at the intersection of Fairview Street and York Road in South Middleton Township, Cumberland County, on Tune, 1999, at approximately 4:45 p.m. 8. Defendant Bassney pulled out from a stop sign into the path of the vehicle operated by Brian Maschmeyer resulting in a collision of the vehicles. 9. This accident arose solely as a result of a negligence of Defendant Bassney in that she: (a) failed to observe other vehicles on the roadway; (b) pulled out from a stop sign into the path of the vehicle operated by Plaintiff, who had the right of way at the intersection; (c) failed to obey the laws of the Commonwealth regarding intersections controlled by stop signs; and (d) operated her vehicle in a manner so as to cause a collision with the vehicle operated by PlaintiffMaschmeyer. 10. Solely as a result of the negligence ofPlaintiffBassney, the Maschmeyer vehicle was declared a total loss, having a value of Five Thousand Three Hundred Eleven Dollars and Fifty Cents ($5,311.50). In an addition a rental vehicle was required for Fifteen days resulting in the expense of Three Hundred Five Dollars and Seven Cents ($305.07). WHEREFORE, Plaintiff Masclulleyer requests a judgment be entered against Defendant Bassney in the amount of Five Thousand Six Hundred Sixteen Dollars and Seven Cents ($5,616.07), together with interest and cost of suit. - - '. ".~ .'.~"'""",",-~ ~<..=""'--~<",'-, '",.- <,. ",,\~I COUNT IT Brian Maschmeyer v. Allstate Insurance 11. The averments of Paragraph 1 to 10 are incorporated herein by reference. 12. At the time of the aforesaid accident, Amy Bassney was insured with Defendant Allstate Insurance Company. 13. Immediately following the accident, Lauren Davis, a claims representative of Allstate acknowledged the claim ofPlaintiffMaschmeyer and agreed that Allstate would be responsible for the property damage caused by Ms. Bassney. 14. Acting in reliance on the Allstate representation, damage documentation including the total loss paperwork and rental vehicle proof for the Maschmeyer vehicle was gathered and forwarded to Allstate. Allstate did not advise Mascbmeyer of another pending claim or that their policy for Bassney had a Five Thousand Dollar ($5,000) limit. 15. When the proof of the damages incurred by Mr. Maschmeyer was presented to Defendant Allstate, Maschmeyer was advised that Allstate had already disbursed over ninety percent (90%) of the property damage policy limit to another claimant and failed to reserve the funds appropriate to pay the claim of Defendant Maschmeyer. 16. Defendant Allstate asserlll that their property damage policy limit was Five Thousand Dollars ($5,000). 17. Utilizing a proration of the claims presented from the accident, 55.44% of the policy property damage limit should have been reserved and set aside for the claim of Brian Maschmeyer, .", ~- ,,,' ',~~ ""'~'-'-",.'~__'~ ~',.'_t_'" 'j'~,,,> ~ which amounts to Two Thousand Seven Hundred Twenty-seven Dollars and Fifty Cents ($2,727.50). 18. Allstate negligently processed the claims arising from this accident and failed to reserve the policy proceeds to pay the claim ofPlaintiffMaschmeyer as they had orally committed to, and now require Defendant Maschmeyer to pursue a claim against Ms. Bassney whose insurance coverage has been nearly exhausted. 19. Allstate's negligence consisted of: a. Misrepresentation of the manner in which the claim would be processed which was relied upon to his detriment by PlaintiffMaschmeyer; and b. Failing to set aside funds to pay the Maschmeyer claim; c. Misrepresenting the amount of property damage coverage available to resolve the claim which was relied upon to his detriment by Plaintiff Maschmeyer; and d. Violated the standards of the Unfair Insurance Practice Act including: 1. 40 P.S. $ 1171.5(a) 3: Misrepresenting the financial condition (amount of insurance coverage) of their insured. 2. 40 P.S. ~ 1175(a) 10: (i) misrepresenting pertinent facts as to the coverage at issue: (ii) failing to act promptly with respect to communication about the Maschmeyer claim; J': --'-''',- - ~ ,_, ~r "_, ' -.,<-., -,-",," ",J (vi) not attempting in good faith to effectuate prompt, fair and equitable settlements where Allstate's liability was clear; (vii) Compelling persons to commence litigation to recover amounts due under an insurance policy; and (viii) Attempting to resolve a claim for less than a reasonable man would believe he is entitled to receive. WHEREFORE, plaintiff demands judgment against Allstate Insurance in the amount of Two Thousand Seven Hundred Twenty-seven and Fifty Cents ($2,727.50) together with interest and cost of suit. This amount requites subruission of this claim to compulsory arbitration pursuant to the local rules of coutt. Respectfully subruitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquite Attorney I.D. No. 32085 320 P.O. Box 1268 Harrisburg, PA 17108-129-68 Telephone: (717) 234-4161 Attorney ftr Plaintiff Date: I i I p! ex:> 54292.1 ,!;- -~- ._.',c o1~~,I' ",' 'o..-,,,,j,:'l C'~' ."'-, ,~ "'1.0" , . -',- '~i . . VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts stated herein are true and correct to the best of my knowledge, information and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications to authorities. By ~i-Y ,. DATE: /1-1 S- ZtJtP(/ 54155.1 '% ii'::'''''; , ~.'_.~::, ~'iif"~~MiWlIl~NO.'-' .liiJ;i~ _ . , ..~X_"~ ""~--"-^' '.<--~*~li\!tiWllfitriilit!i ~_o, ___. '~"''''''~""" . .. ", '"' ' " --,- .~ ... ~' -",'- ,- - ~" ' ~ ~ ~ ([j ~ ~ ~ l .0< .0z (: j-''', c: , , '. a L. 8 Vi -:~ \; ---, C0 C> ~,'~-!, - !-,) ~ .R.J { tj:! (J~' 6"'- r::: V, ~ co '~:.,;: ,--- '-.- ., d ~ i'-; ~ - .. ~ :.,.) - oj \0 -". ~ ',- "" '~,- ",- ,~- , ' --~ ..~ - ~-. '~,',",~'", ,-k ,~ , ,,~~ ,." II BRIAN MASCHMEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. AMY BASSNEY and, ALLSTATE INSURANCE COMPANY Defendants : No. 8292 CIVIL 2000 NOTICE OF HEARING To: Thomas E. Brenner, Esquire Goldman, Katzman, Shipman, PC 320 Market Street P. O. Box 1268 Harrisburg, PAl 7108 Heather Faust Killiam & Gephart 218 Pine Street Harrisburg, PA 17101 J. Michael Flanagan, Esquire Flanagan & Benner I 50 East Chestnut Street Lancaster, P A 17602 Karen Durkin, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 John Baranski 35 East High Street Carlisle, PAl 70 13 AND NOW this 14th day of March, 2001, you are hereby notified that the Arbitrators appointed in the above captioned matter will hold a hearing for the purpose of their appointment as follows: Date: April 9, 2001 Time: 1:15 P.M. Place: Office of Attorney James M. Bach 352 S. Sporting Hill Road Mechanicsburg, PA 17050 Counsel shall immediately notify all arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making all arrangements with counsel and the arbitrators for a suitable date, time, and place. Parties wishing to argue legal points will be expected to have copies of relevant materials for each arbitrator and opposing counsel at the commencement of the hearing. Date: If' ~;J.", I ~??~ ttMES M. BACH, Chairman 352 South Sportmg Hill Road Mechanicsburg, P A 17050 (717) 737-2033 cc: Court Administrator Prothonotary Bulletin Board .I, ~ I ~ ,.-, "~ ~, -- " '~, L ~ , "IlA^~( , -z, IV' \~ BRIAN MASClIMEYER, Plaintiff IN THE COURT OF CO~lMON PLEAS OF CL~ERLAND COUNTY, PENNSYLVANIA NO. 8292 CIVIL JU! 2000 AMY BASSNEY and, ALLSTATE INSURANCE COMPANY RULE 1312~1. The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINTHill,T OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner , counsel for the plaintiff/~[~ in the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plaintiff in the action is $ 5,616.07 The counterclaim of the defendant in the action is () The following attorneys are wise disqualified to sit as interested in the case(s) as counselor are other- arbitrators: Thmn::l~ R_ RTPnnP-T_ J. Michael Flanagan, Karen Durkin WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND NOW, ORDER OF COURT foregoing petition, Esq., and ,iiud~./ ~~- , ~ ;2n-I, in consid~ry't~on ,of the / Esq., ~~ ,Esq., are appo~ed arbitrators in the above-captioned action (or actions) as prayed for. Bythe~AAIV"\ { 1/' f-V-'II P. J. i-~'~' "" ". ~ I '1 , ~ -, ,"~" , ,-- .'-'-"'~~ ~">~- -- a "~< -'<',- Tll!I'I!lIP, --. o Dl __ _-t. >,-";~"'~ '" ,,'C ,'.. _,-"", '''""~V" "-,-',",' ,,,,,o-'''d'o.''_'"-'''' ~, !' ':!- f, .\\, " :.. \,,', .' , . 1...(. .~ '- ~, 1\,' ",-:~,:, I 'c.' vU:\i.i~;'~~ 11.,....,-, h ~"''''~.H\\' .,,1\ \(I.\:l \~'C\\j\ 0;')\ _Ii " 1if,1W~_f-\llIlin ~\!\ -~~" iJ;-\41i!l:S:ffi'p~llRl"_"'W",'!h"'1-!"''''_*;et'!\"Ij'F<''io/H-\1.W~\iltl1'''''i!~'''",!1n'j~l~#l~~1!'>'l,"}:-tV'!"\"/~~lW$Nl'iIlffl!!J!l"~1l t ,---- ,- :-"_ I. '-~'-"~'-'-""1"-"k~-.'---' ',~',I.- ',---, ,,,;'--'-~,(d,.d,"," ,- ",-,,,,,,"-.J,,--,,,-Ir-,...,,. ---~ " CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: 1. Michael Flanagan, Esquite Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 Attorney for Amy Bassney Karen Durkin, Esquire 135 Sipe Avenue Hummelstown, PA 17036 Attorney for Allstate GOLDB TZMAN & SHIPMAN, P.C. Date: ;)..- ( :l. '; ( 0 \ ,,,,.,...-' '-. Thomas E. Brenner, Esquire Attorney lD. No. 32085 59529.1 .it ~i ';, '~ ',-~;" ,-~' ~~;'.~' II , ~' -if(! f" iit;~~~liM-' '"III\'jijllillllli~ ' ''"'' "" "~ ""~' ""'- ., _"0'"'-" ", - '"-~ ~" ~.;;,'~..; "0'_' _" ?[f?~ ~ ~ ....... C0 0 C\ k. 0 ~ ~ D; _r ')JV" ,~" u p:: ~ '--(""-- -"'~--'-- ,..-."> "'_0' ~.' ") ."',,,:, OJ [Ii ~ , f: ",..............""~ ~~ , I. ~~ .II ~,.J f SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-08292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASCHMEYER BRIAN VS BASSNEY AMY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ALLSTATE INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within COMPLAINT & NOTICE On December 13th, 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 6.00 9.00 10.00 29.25 .00 54.25 12(13(2000 GOLDBERG, KATZMAN So ans~"~~,, -;;:7,," ,," " ~ ~ ,- 'R( T~m~s Kline" , Sheriff of Cumberland County & SHIPMAN Sworn and subscribed to before me this J f!; day of It tll~ dtvD A.D. ~ Q Ik~;~<<~ ~ Prothonotar . I,' ~ , . ~~" " SHERIFF'S RETURN - REGULAR ..- , CASE NO: 2000-08292 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASCHMEYER BRIAN VS BASSNEY AMY ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BASSNEY AMY was served upon the DEFENDANT , at 0014:00 HOURS, on the 12th day of December, 2000 at CUMBERLAND CO SHERIFF'S OFFICE 1 COURTHOUSE SQ CARLISLE, PA 17013 by handing to AMY BASSNEY 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 Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before me this /f~ day of JJ1.uMA Pu,.....:Lrmu A. D. ()~ 0_ 11.,(7";." i#' rothonotary SO?JZ?4~~~~ R. Thomas Kline 12/13/2000 GOLDBERG, KATZMAN & SHIPMAN BYS~!:;,s~~ 101 "I I'> @ifirt of llrP ~4P~iff William T. Tully Solicitor Ralph G. McAllister ChiefDepuly Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant CbiefDepuly Dauphin Counly Harrisburg, Peunsylvania 17l 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MASCHMEYER BRIAN vs County of Dauphin ALLSTATE INSURANCE COMPANY Sheriff's Return No. 2737-T - -2000 OTHER COUNTY NO. 00-8292 AND NOW: December 8, 2000 at 11:37AM served the within COMPLAINT upon ALLSTATE JNSURANCE COMPANY by personally handing , to ANNE BERRY, MARKETING CLAIMS MANAGER 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 6346 FLANK DRJVE SUITE 1000 , HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, Jf~ ::"'o;::;:n CO~~ Deputy ttrHf ~ before me this 8TB day of DECEMBER, 2000 (\ .~ C!-. {f)~.Muo I PROTHONOTARY Sheriff's Costs: $29.25 PD 12/01/2000 RCPT NO 144029 FRITZ ~ ~ ,j, "' -' "",L ,- . In The Court of Common Pleas of Cumberland County, Pennsylvania Brian Maschmeyer VS. Amy Bassney, et. al. Serve: /Ill s ta te Tnsurance Company No. 20-8292 Civil Now, 11/30/00 , 200 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of nr11Jrhi n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,.' r~~' Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy ofthe original .: and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ - ~ ~" ~ .., .0 ~_~' ]" ~ ~"- ',- " " ,#.- ,... BRIAN MASCHMEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNSYLVANIA v. : CIVIL ACTION -LAW AMY BASSNEY and ALLSTATE : NO. 00-8292 CIVIL TERM INSURANCE COMPANY, Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant Allstate Insurance Company only, with respect to the above-captioned matter. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: ~~J D , ESQUIRE Attorney J.D. #29563 JOHN J. MCNALLY, Ill, ESQUIRE Attorney J.D. #52661 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendant Allstate Insurance Company only , ^ p-' - d' " ~ -i-'~~'"'''''- '0-" >,,",,,-,-",,'.","," kd," , ,--, iKj .d /. CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon fue following below-named individual(s) by depositing same in fue U.S. Mail, postage pre-paid at Hershey, Dauphin County, Peffilsylvania this c1-i day of December, 2000. SERVED UPON: Thomas E. Breffiler, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street - Strawberry Square P.O. Box 1268 Harrisburg, PeffilSylvania 17108-1268 Michael Flanagan, Esquire Flanagan & Beffiler 150 East Chestnut Street Lancaster, PA 17602 urkfu, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP ,-~ ~' ~_-,-,.'__". _d,___ I, ""i . Thomas E. Brenner, Esquire Attorney LD. No. 32085 Goldberg, Katzman & Shipman, P.C. 320 Market Stteet, Sttawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff BRIAN MASCHMEYER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACfrON-LAW AMY BASSNEY and, ALLSTATE INSURANCE COMPANY : NO: 00-8292 Defendantl; : JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Brian Maschmeyer, by and through his attorneys, Goldberg, Katzman & Shipman, P.C., and states: 20. This paragraph is denied as it sets for a legal conclusion to which no response is necessary. , ~-- " -, > .. ,"' .. o ~~",=,~'''. <"='<"'''~'. -'0",--' I" I," ...: r J,,: 0 , '~; ~ WHEREFORE, Plaintiff requests that judgment be entered against Defendant, Amy Bassney, in the amount of $5,616.07, togethet with interest and costs of suit. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~ Thomas E. Brenner, Esquire AttorneyI.D. No, 32085 320 P.O. Box 1268 Harrisburg, PA 17108-129-68 Telephone: (717) 234-4161 Attorney for Plaintiff Date: ll/~ I <::J \ 57720.1 2 '0 '.,1 I '"', o~ '<'~, '.",_,A'",o"I' :"'-;:j ~ VERIFICATION PURSUANT TO PA. R.C.P. No. l024(c) Thomas E. Brenner, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this verification as an attorney because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has a greater personal knowledge of the information than that of the party for whom he malces this verification; and that he has sufficient knowledge or information and belief based upon his investigation of the matters averred or denied in the foregoing document; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the courr, and verification of none of them can be obtained within the tinle allowed for the filing of the document; and that this statement is made subject to the penalties of 18 Pa. e.S. S\4904, relating to nnsworn falsification to authorities. Date: III? IDt ~~, renner, Esquire "I ,~ I , CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Michael J. Flanagan, Esquire 1520 Locust Street, 10th FI. Philadelphia, PA 19102 Karen Durkin, Esquire 135 Sipe Avenue Hummelstown, PA 17036 GOLD TZMAN & SHIPMAN, P.C. ~~~~ Date: I ( It/vr By: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 . .-" *~ I'". ~'"'~' ~,' "'~T""" '1.'-' ~ l,! , FLANAGAN AND BENNER BY: J. MICHAEL FLANAGAN, Esquire Identification No. 23149 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Amy Bassney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW ACTION BRIAN MASCHMEYER Plaintiff No. 00-8292 -v- AMY BASSNEY and ALLSTATE INSURANCE COMPANY Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter fue appearance of Flanagan and Benner on behalf of Defendant Amy Bassney in fue above-captioned action. All papers may be served at 150 East Chestnut Street, Lancaster, Pennsylvania 17602. FLANAGAN Attorneys ~ / ;' / By: ~-- J 'i ." -" ~ ~ , -0.' . CERTIFICATE OF SERVICE I hereby certify fuat a true and correct copy of me foregoing document has been served by First Class Mail, postage prepaid, upon me following: Thomas E. Bremer, Esquire Goldberg, Katzman, Shipman PC P. O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for plaintiff FLANAGAN AND BENNER Attorneys for Defendant DATE: ;'p-:l-b-(TV By: ic ae Flanagan, Esquire I.D. No. 23149 d" um: .hlIm' "~"~d" l!i.ill.li*lIiiil:l.ii;' ~~_.r"~--~UfMifflfijli\l.'~~. m II :'r ,JfJ^~_,L ,~ ,)lU",_,_, ,)iI'h~' . ^',,",. ,<, . , ~'.',' -> '" " "', _._, _ 'M'^, q,,= '" ,~ ~ \ i 0 c' n c C':::., ',":,', -:''''- ;.::;1 0,- .- -':1 rc :"'-'j rn f"'.-l l-~) 2::J, :"0,) Z,C- ~~ ~~~) -. #-:) ~'"- ~2~ ...-'.,. r',~) '"_.' - :z. ::> ,c':~ =-< 0) --",", - ". .., ' ~, , ',I ,I BRIAN MASCHMEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW AMY BASSNEY and ALLSTATE : NO. 00-8292 CIVIL TERM INSURANCE COMPANY, Defendants : JURY lRIAL DEMANDED NOTICE TO PLEAD To: Brian Maschmeyer, and his attorney, Thomas E. Bremer, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: ~//,9,/t r By: DURKIN, ESQUIRE Attorney I.D. #29563 JOHN J. MCNALLY, III, ESQUIRE Attorney J.D. #52661 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant Allstate . '"~ " -,~ ,-, ~< "-""-,,,,,,~, .,' . "",' ~; BRIAN MASCHMEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW AMY BASSNEY and ALLSTATE : NO. 00-8292 CIVIL TERM INSURANCE COMPANY, Defendants : JURY TRIAL DEMANDED ANSWER OF DEFENDANT ALLSTATE TO COMPLAINT WIrn NEW MATTER AND NOW, comes the Defendant Allstate, by and through its attorneys, James, Smith, Durkin & Connelly, LLP, to Answer Plaintiffs Complaint and aver New Matter as follows: 1. Admitted. 2. Admitted as to the name of Defendant Bassney, The remaining averments cannot be confirmed or denied and strict proof thereof is demanded at trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The averments contained in paragraph nine (9) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 10. Denied. The averments contained in paragraph ten (10) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. WHEREFORE, Defendant Allstate respectfully requests that this Honorable Court enter "I I I I I I I I I I I I I judgement in its favor and against the Plaintiff in this action. COUNT IT Brian Maschmever v. Allstate 11. The answers to paragraphs one (1) through ten (10) are incorporated herein by reference. 12. Admitted. 13. Denied. It is denied that Lauren Davis spoke to Plaintiff inlmediately following the accident. To the contrary, the claim representative was Heather Dostal. It is further denied that Lauren Davis or Heather Dostal ever agreed that A11state would be responsible for the property damage caused by Defendant Bassney. To the contrary, Plaintiff had advised both Heather Dostal and Lauren Davis that he would recover his property claim through his own auto collision coverage with Erie. 14. Denied. On June 11, 1999, Allstate advised Plaintiff that the policy liniit for Defendant Bassney was Five Thousand Dollars ($5,000.00). At that same time, Plaintiff was advised that Nancy Woodard had submitted her claim, for property damage. After reasonable investigation, the Defendant is without knowledge or infoffilation sufficient to form a belief as to the truth of the averments of paragraph fourteen (14) and strict proof of the same is demanded at trial. 15. Denied as stated. At no time did Plaintiff present proof of his property damage. To the contrary, Plaintiff s carrier contacted Allstate and was advised that the other pending claim had been paid and that approximately Three Hundred Dollars ($300.00) was remaining on Defendant Bassney's policy. Moreover, Plaintiff s carrier was advised that the other claimant had no other coverage available to her. In order to protect Defendant . "', -",'--- ,', .." "_,,'I ,"~ ; ,'/iU,'X,' ,'_""-" ",,',; ,", ,....1>, - ';i Bassney, Allstate opted to pay the other claimant since Plaintiff was going to recover from his own carrier. 16. Admitted. 17. Denied. The averments contained in paragraph seventeen (17) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 18. Denied. The averments contained in paragraph eighteen (18) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. It is further denied that Allstate committed to pay the claim of Plaintiff. Furthermore, Plaintiff has been fully compensated by his insurance carrier, Erie. 19. Denied. The averments contained in paragraph nineteen (19) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial WHEREFORE, Defendant Allstate respectfully requests that this Honorable Court enter judgement in its favor and against the Plaintiff in this action. NEW MATTER 20. The answers in paragraphs one (1) through nineteen (19) are incorporated herein by reference. 21. At the time of this accident, Defendant Bassney was insured by Allstate Insurance Company. 22. Defendant Bassney's insurance coverage provided for a Five Thousand Dollar ($5,000.00) property limit for damages sustained as a result of an accident. A copy of said declaration page is attached hereto as Exhibit "A". . '-" .~ . , ~, ' -~ ,~,-- ~' -. -,,-- i:l [I i:1 I! 23. Plaintiff advised Allstate on June 11, 1999 that he would be seeking coverage for his damages through his own carrier, Erie Insurance. 24. Plaintiff was advised on June 11, 1999 that the third vehicle involved in the accident had made a clain1 and that the total coverage available was Five Thousand Dollars ($5,000.00) under Defendant Bassney's policy. 25. Knowing the third vehicle had no coverage available to her and having been assured that Plaintiff had coverage in effect, Allstate paid Four Thousand Six Hundred Seventy-five offer was refused. ,;~ ,1 1 ;1 :I I , , j II II IJ Dollars and Fifty-three Cents ($4,675.53) to the owner of the third vehicle. 26. Allstate did offer the linlits remaining on Defendant Bassney's policy to Erie but that 27. At no tinle did A11state misrepresent to Plaintiff the policy limits available under Defendant Bassney's policy. 28. A11state communicated promptly with Plaintiff about the coverage available under Defendant Bassney's policy. 29. Any damages or losses allegedly sustained by the Plaintiffs were caused'or contributed to by the contributory or comparative negligence of Plaintiff Brian Maschmeyer. 30. Said negligence consisted of, but is not limited to: (a) failing to keep a proper lookout for motor vehicle traffic on the roadway; (b) failing to keep alert and maintain a proper lookout while operating his vehicle; (c) failing to exercise due care and caution while driving on the roadway, given the circumstances then and there existing; and (d) failing to use headlights; (e) violating the provisions of 75 Pa.C.S.A. ~3361, Driving Vehicle at Safe Speed. 31. The Plaintiff Brian Maschmeyer was comparatively negligent to a degree greater than fue causal negligence, if any, of Defendant, fue existence of such negligence on fue part of Defendant being expressly denied. If it is determined fuat Defendant is liable to fue Plaintiffs, Defendant avers that fue Plaintiffs' recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. ~7102 et seq. 32. Plaintiff assumed the risk of his injury. 33. The Plaintiff's actions are barred or linlited pursuant to fue tel1l1S of fue Pennsylvania Motor Vehicle Responsibility Act, 75 Pa.C.S. ~ 1701 et seq., fue provisions of which are incorporated herein by reference. 34. Plaintiff's Complaint fails to state a claim upon which relief can be granted. WHEREFORE, Defendant Allstate respectfully requests fuat this Honorable Court enter judgement in its favor and against fue Plaintiff in this action. Respectfu11y submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: 0/11/8/ , ESQUIRE Attorney J.D. #29563 JOHN J. MCNALLY, ill, ESQUIRE Attorney J.D. #52661 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant Allstate w=~ .._, "".)j I , , I I i j I I I I I j i il iJ I 01 i1 I h Ii :1 , 'I Ii II I i I I , 1 i I I . ~-, _~~,. ~'~,~-~- .'_~~"' 'A'_"~. <.. -'. ~"'_'",,' CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this / r dayof ~A>> ,2001. SERVED UPON: Michael Flanagan, Esquire FLANAGAN & BENNER 150 East Chestnut Street Lancaster, PA 17602 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 urkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP .. ,. ;'[;j 1 Ii u 'I 1 11 I' !~ .[ i , , '~I , j 'i i I I Ii J ,! i 11 cJ J :i ",1 Ii [i j I 1,1 , "i :1 Ii !I " " II 11 ,:J I] I' 0' ',{ :1 " q l1 Ii J ~ i " li i1 :1 . "'~ ^ ~ " VERIFICATION The undersigned, LAUREN DAVIS, hereby verifies 1hat the facts set forth in Defendant Allstate's Answer with New Matter are true and correct to the best of her knowledge, infomtion and belief and further states 1hat false statements herein are made suQject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. :X/1J~ -DLj{~ LAUREN DAVIS .'. -'.H il Ii :.-i :i I I I II II iJ I ~I J "I I ,I 'I j ':1 I I 01 I i I I I "1 I II I] I ':1 I 1 , I I I " , 1- I. ~".;;;; .,' ., " Allstate Insurance Company 6345 Flank Drive, Suite 1000 Harrisburg, Pa. 17112 800-726-8890 or 717-540-7500 ~ ALLSTATE You're in good hands. February 20, 2001 Claim #: Insured: Claimant: 15534-4042-9 ULD Amy Bassney Brian Maschmeyer To Whom It May Concern: We have received your request for a policy declaration sheet The original is a computer generated and no duplicate is kept In fact, there is no physical policy fileo Amy Bassney is insured with Allstate under policy #698427359 with Property Damage limits of $5,000.00 per occurrence, Attached is a copy of a computer printout that confirms the above. Sincerely, J:, ,,{ ,,,;6[(..LUUc;l>~ KELLY OLSON Frontline Performance Leader los Subscribed and sworn to before me this ;), ooJ... day of t<> b\",,-...~ ' 2001 '~-~~J '\Jot2;-1;9,1 (:' , '" "~::,\~':iJi)rHl',," ," i,'I,"';.; ", "",\:;:" TWfL "')Lt~'i"''-; - ~,;--".,. ':," ,II' ~\^)~:imissi~~_Expires ~~ ,~~iS';" ~ ~.,-,-" '~'~~...A:Q.'" --1~ 1 ):' ,~ .. Thomas Eo Brenner, Esquire Attorney LD, No. 32085 Goldberg, Katzman & Shipman, P.e. 320 Market Street, Strawberry Square PoO. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff BRiAN MASCHMEYER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW AMY BASSNEY and, ALLSTATE INSURANCE COMPANY, NO: 00-8292 Defendants JURY TRIAL DEMANDED 1IIIIIIA.'.I...')IIII:11111 ...............w.w.. ..........,.............,...,.....,........'.'...'.....'.'...',....',.....,'. Jr:::mrr:J:J}r}tftt):t!j:f~ ,t:"::,:::;:,:,,::,::,:,,::,:,:::,:::::,:::::,:::::::::::,,)::::(:' ::::::::,::::,:::::::::::,:::::::::::,:::;:::::,:::::,::;:::::::":::::,::;: :.,.:.:.;.:.:.'.:.:.:.:-:.;.:.:::,:,::;,:,::;,:,:::,:"::,:,:':::':.,:",, ::':::::..:~?~:;:::::::::~::::H@:H:mtH::::::: ::':::::::;:::~::::::;~:~::::::::::~::'::::::::f.:~:::::::::::::.:.:.:.", :::.:.:.:.:.:~.~ ::::::::::::~: ;:::;:::::r::;:::::::'::::::::': :,:,,::;;,:;:;;;,; ~~::~J:t:tf~::;t::;:;:::::::::;:::::;,:::, ::::::::::::::::L........ AND NOW, comes the Plaintiff, Brian Maschmeyer, by and through his attorneys, Goldberg, Katzman & Shipman, P,C" and states: 200 Objection. This paragraph violates the provisions ofthe Pennsylvania Rules of Civil Procedure in that it seeks to incorporate 19 other paragraphs into a single paragraph. To the extent that a response is deemed necessary it is denied, 2 I. Admitted, 22, Denied in parto The letter of February 20, 2001 references the Property Damage Limit, it is not a copy of the declaration. 23, Denied as stated, Allstate told Plaintiff to seek coverage with his carrier (Erie) rather than paying his claim, 24. Denied as stated. Allstate told Plaintiff to seek coverage with his carrier (Erie) rather I' l~ ii i 0' ~ iJ f: ! than paying his claim, " 'i' 25, Denied, Allstate rather than pro rating their coverage for the damages to the vehicles as they had indicated they would do, unilaterally chose to pay the third vehicle damage claim over j! 1j ); that of Mr. Maschmeyer. 26. Admitted, 27, Denied as stated, Allstate did misrepresent the manner in which it would allocate its policy limits to the two (2) vehicle damage claims, 28, Admitted, 29, Denied, This paragraph states a legal conclusion to which no response is necessary, 30, Denied. This paragraph states a legal conclusion to which no response is necessary, 31. Denied, This paragraph states a legal conclusion to which no response is necessary, 32, Denied, This paragraph states a legal conclusion to which no response is necessary, 33, Denied, This paragraph states a legal conclusion to which no response is necessary, 34. Denied, This paragraph states a legal conclusion to which no response is necessary, 2 .. - ~'. ~~<"," '~-a.,~." " " - ''IlJ:~~ WHEREFORE, Plaintiff Brian Maschmeyer requests that the Complaint of Defendant, Allstate be dismissed with prejudice, GOLDBERG, KATZMAN & SHIPMAN, P.c. a~ By: Thomas E. Brenner, Esquire Attorney LD, No, 32085 320 PoOo Box 1268 Harrisburg, PA 17108-129-68 Telephone: (717) 234-4161 ~~~: ~ (4(01 Attorney for Plaintiff 3 (i. i 11, it 11 Ii ( 10 Ii I: il VERIFICATION ii Ii i: I, i; if II Ii " ,; Ii I: I: II Ii Ii Ii i'" il If: , " Ii ;1 I' II !i k I, Brian Maschmeyer, hereby acknowledge that I am a Plaintiff in this action 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, Section 4904, relating to unsworn falsification to authorities. Date: ~ , --;; ii, !': :': ~,: r, ;! i: CERTIFICATE OF SERVICE i: I i: l~. 10 rf r i~< '0 I hereby certify that I served a copy of the foregoing document upon the person( s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pemsylvania and addressed as follows: 1. Michael Flanagan, Esquire Flanagan and Bemer 150 East Chestnut Street Lancaster, P A 17602 Attorney for Amy Bassney Karen Durkin, Esquire 135 Sipe Avenue Hummelstown, PA 17036 Attorney for Allstate '. i I: I '0 ~:; , Ii: I:' I If: 1: f I I Ii r l Date L-i { lJ I 0 I GOLDBERG, KATZMAN & SHIPMAN, P.c. By ~~- Thomas ,Bremer, Esquire Attorney LD, Noo 32085 ^ , ~ ~. "~.." ~, ~'.'"- . , '~.', '.', '~,,~,',,"" , .'- 'v . .,J , ,.,,,,' , 'r FLANAGAN AND BENNER BY: J. MICHAEL FLANAGAN, Esquite Identification No. 23149 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Amy Bassney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL - LAW ACTION BRIAN MASCHMEYER Plaintiff No. 00-8292 -v- AMY BASSNEY and ALLSTATE INSURANCE COMPANY Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT AMY BASSNEY TO COMPLAiNT WITH NEW MATTER NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to fIle a written response to dle widlin New Matter within twenty (20) days from dle date of service hereof or a default judgnlent may be entered against you. ANSWER COUNT I 1. The plaintiff is not personally known to Amy Bassney and accordingly paragraph 1 can neidler be admitted or denied. 2. The name of Amy Bassney is admitted. The current address is 6959 Wertzville Road, Enola, PA 17025. 3. The name and address of Allstate Insurance is admitted. 4. It is admitted only dlat an accident occurred on June 3, 1999. ., "1 5. Ownership of the Volkswagen Jetta involved in the collision is not personally known to Amy Bassney and accordingly paragraph 5 can neither be admitted or denied. 6. Amy Bassney was the owner of a 1991 Toyota Ce1ica. 7. It is acknowledged that this accident occurred in the vicinity of Fairview Street and York Road in South Middleton Township. 8. It is admitted that Amy Bassney stopped at the stop sign before pulling out into the roadway when the collision with Brian Maschmeyer occurred. 9. Denied. 10. The value of the Maschmeyer car is not known to Amy Bassney and accordingly under Peffilsylvania Rules of Civil Procedures said allegation is deemed denied and proof is demanded. WHEREFORE, Amy Bassney asks that judgment be entered in her favor and against the plaintiff in this action. COUNT II Brian Maschmeyer v. Allstate Insurance 11. - 19. The allegations of paragraphs 11 through 19 are directed to a party other than answering defendant and accordingly no response is required. WHEREFORE, Amy Bassney asks that judgment be entered in her favor and against the plaintiff in this action. NEW MATTER DIRECTED TO PLAINTIFF 20. If this action was not filed within the governing statute of limitations, the statute of limitations is hereby raised and preserved. - 2 - WHEREFORE, Amy Bassney asks fuat judgment be entered in her favor and against dle plaintiff in this action. FLANAGAN AND BENNER Attorneys for Defendant By: - 3 - '.. ",," VERIFICATION I hereby verify that dle averments of dle foregoing document are true and correct to dle best of my knowledge, information and belief. To dle extent dlat any of dle averments are based upon an understanding or application of law, I have relied upon counsel in making dtis Verification. I understand dlat I am subject to dle penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to audlorities for any false statements made herein. (2~~~ rllli.,.I&.w/ I I I I I i,:j I i'~i 91 i:i I :., i :, !~j ii [:1 I',j 'I I:! i'i :"i ['1 !:1 ii ;:, ':1 :'1 ;'1 , , CERTIFICATE OF SERVICE I hereby certify fuat a true and correct copy of the foregoing document has been served by First Class Mail, postage prepaid, upon the following: Thomas E. Breooer, Esquire Goldberg, Katzman, Shipplall PC P. O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for plaintiff Karen Durkin, Esquire James, Smith, Durkin & Coooelly P. O. Box 650 Hershey, PA 17033-0650 Attorneys for Allstate Insurance DATE: ( - I )'- f) 1 FLANAGAN AND BENNER Attorneys for Defendant ;i By: . Michael Flanagan, Esquire I.D. No. 23149 "~, 'I i ~~ 'aMli!~~~~'illliii~1"'lll'illi.iUlilll!,!In~!IiIh'm'~.J.:'".' '"' ~iII>1' t ill~ .~-- " (') 0 0 ~ ~l'; L.. ---'1 ~w, .... :~~ Xi ~e -,~,m ~~ _>~ r--1 g;> ~~g 1":'0 "'tI ~o :::0: 0,-'-' ~O 5>8 W /-',rn $::I ~ N 5; \D -< LL ",~'~m_~' ~"-~~~".--. "'~,,~,', ,po" '~"''''~'' , ~,,- ~,~ .,,' ,. ^' ~ , II ,. "'"h~"~;;, "- .. < ',; BRIAN MASCH MEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 8292 CIVIL 2000 V ) AMY BASSNEY and, ALLSTATE INSURANCE COMPANY Defendants 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 fidelity, ~J..!l TcJ..uN Heather Faust AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the foHowing award: (Note: if damages for delay are awarded, they shaH be separately stated), E. ~~:"-~;t.' :: ;z::;: .: :t:;~ ~~ '1 ~o I . Arbitrator, dissents. (Insert name if appiicableo) Date of Hearing: yo - ,- () I j,..-?n ~ JOI..M.B".~ ~ Jill, Date of Award: '1- ? - 0 / ~ TaU!'t Heather Faust NOTICE OF ENTRY OF AWARD </;07 Now, the gfu day of AorH, 2001at t:t5 P,M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, By: Pro~' 12. f6 ,j _J C1~t~ f1 ~ $ aVlO, em Arbitrators' compensation to be paid upon appeai: J*l flij ,. lililJliIil:Mi\;' "1i'~"'''''Ji.lll-':U&tilil~~~~.~~miillfi;;;I:H:ir.-$~'';;;";J'''",ilt~~;;,A''i.~_>ll~_~1~~t,jfJ~ii!lfJi~~_~~lii!;rlI!i_ ' 1~- p( ~- ~ :J~.4- '~ ./J'Yl4.".a..d- "f-IO' 01 -_.~._------- 3~r' fJ ~~,~t. .I~, 12.0. .Dl 1t/11 ~cP' UII Ill! ~,~,--~.~~ .~< --"" ~J~ ,;J - 91. .lJ , lu..o~. ..::...... -r- J If jJ~ &w.r. JJJ." tf. /71()f. ofJ'(, ,.,. (') -o~f rn(, ~~~t r::c; <- ~~F:; )>c= :::::; -< ~-~c ',,~. . 1~ >1 ::::::; \,,0 00:- I,) '_. ,r; :::::: '::J ,") ,< -~ , '.....~" . I it APR 1 0 ZOOl r.fJ BRIAN MASCHMEYER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA AMY BASSNEY and, ALLSTATE INSURANCE COMPANY Defendants : No. 8292 CIVIL 2000 C/ OATH We do soiemnly 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 fidelity, ~JJ\ Heather Faust tauN AWARD award: We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following (Note: If damages for delay are awarded, they shall be separately stated), ~~ "Po;-;f? -t~~ " ,_7 2;".2 . .s-o ' '1~ r ~o I , Arbitrator, dissents, (Insert name if appticableo) Date of Hearing: $"- 'J - 0 / p.-~ ~ JsmesM'Bach'~ ~ Date of Award: <( - 1 - 0 / ~ Heather Faust 1- oCU,J..N:. NOTICE OF ENTRY OF AWARD I.f.:01 Now, the 9~ day of M, 2001at4oll6 P,M" the above award was entered upon the docket and notice thereof given by mail to the, parties or their attorneys, ~ r2.~ k,,' Prothonotary , 0 By: q"-:r-'-- Q ~ Deputy Arbitrators' compensation to be paid upon appeal: $ ;;2 90. rri) Thomas E. Brenner, Esquire Attorney LD. No. 32085 Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff BRIAN MASCHMEYER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vo CIVIL ACTION-LAW AMY BASSNEY and, ALLSTATE INSURANCE COMPANY, NO: 00-8292 Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark this matter as settled, discontinued and ended. GOLDBERG TZMAN & SHIPMAN, P.c. By: Thomas E. Brenner, Esquire Attorney J.D. No. 32085 320 P.O. Box 1268 Harrisburg, PA 17108-129-68 Telephone: (717) 234-4161 ~:~: 5 J d-{jD) Attorney for Plaintiff iii-';';'''''';'' '~mli I, 'iH " , 'liii~il1l!~~~iiilWin~ ~JI'I,,J.n. """"~1lJN,~J:." ~~~}~,-~~",~",,~~~jdJm,J'e .-,>"W,,~]),,]' ",:. ,11LH .U,,,~,,,. ",,). <. '" ~,.. ,~,~.,~_,' 1 ' r~ .,,^, . > , ~,~-,,~,,'~' "~ ill '.-J. " .b-.:-h.'" ~ .,,' --~ "'1 0 0 C) C -'(t s: L "UOJ C- " !i2 n' :::<:: ::1:5 t;5:;. ! '.', cr, :"~j -<~." ,', . '-:0 '. ~C) ~. r:J ~.. ~'i', z:Cs :,}!: ~~? ~~ ;;;2 S";) ~ -,,1 ::> ),. ::n en -:;:: " '-" ,~~ -~