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HomeMy WebLinkAbout07-4359ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOSHUA ASH, Individually and as parent and natural guazdian and WILLOW ASH, a Minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. STACEY BOWERS and ALLSTATE INSURANCE COMPANY, Defendants NO. ~7- X359 Civil Term ACTION FOR DECLARATORY JUDGMENT 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 appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze 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 Bar Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 356563 JOSHUA ASH, Individually and as parent and natural guardian and WILLOW ASH, a Minor, Plaintiffs v. STACEY BOWERS and ALLSTATE INSURANCE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ACTION FOR DECLARATORY JUDGMENT NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apaziencia escrita o en persona o por abogado y archivaz en la torte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes paza usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 356563 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintil~s) E-mail: mkosik@angino-rovner.com JOSHUA ASH, Individually and as parent and natural guardian and WILLOW ASH, a Minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. STACEY BOWERS and : ALLSTATE INSURANCE COMPANY, ACTION FOR DECLARATORY Defendants JUDGMENT COMPLAINT 1. Plaintiff Joshua Ash is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 135 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Willow Ash is a minor individual, who is the daughter of Plaintiff Joshua Ash and whose date of birth is August 28, 2001. 3. Defendant Staley Bowers, is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 2 Surrey Lane, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant Allstate Insurance Company (hereinafter referred to as "Allstate") is an insurance carrier licensed to write insurance policies in the Commonwealth of Pennsylvania, pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701 et seq, and whose corporate headquarters is at 2775 Sanders Road, Northbrook, IL 60062-6127. 356563 5. The facts and occurrences hereinafter related took place on or about July 5, 2006, at 5:59 p.m. on Interstate 95 northbound, near the town of Walterboro, South Carolina. 6. At that time and place, Defendant Staley Bowers was operating a 1993 Honda and was traveling north on Interstate 95 in the left lane of travel. 7. At that time and place, Plaintiff Joshua Ash was a right front seat passenger in the 1993 Honda driven by Defendant Staley Bowers. 8. At that time and place, the minor Plaintiff Willow Ash was a rear seat passenger in the 1993 Honda driven by Defendant Staley Bowers. 9. At that time and place, Defendant Staley Bowers was traveling too fast for conditions and ran off the left edge of the roadway. 10. Defendant Staley Bowers over corrected as she attempted to re-enter the highway and lost control of the car which skidded before traveling back into the median where she struck several trees. 11. As a result of the violent collision, Plaintiffs Joshua Ash and Willow Ash sustained serious personal injuries. 12. At the time of the accident, Defendant Staley Bowers was operating a vehicle owned by Joshua Ash and which was insured by State Farm Mutual Automobile Insurance Company. 13. At the time of the accident, Defendant Staley Bowers was a full time student and maintained her legal residence at the home of her parents, Stephen and Kristin Bowers, at 2 Surrey Lane, Mechanicsburg, PA. 14. Defendant Staley Bowers' parents maintained their automobile insurance coverage with Defendant Allstate Insurance Company. 356563 15. Plaintiff Joshua Ash on his own behalf and on behalf of his daughter Willow Ash ha presented a claim for injuries they sustained as a result of the July 5, 2006 accident to both State Farm and Allstate. 16. Defendant State Farm has tendered or essentially tendered its policy limits on each of the Plaintiffs claims. 17. Plaintiff Joshua Ash initially notified Allstate of the claim on August 9, 2006 by both telephone and letter. See letter of August 9, 2006 attached as Exhibit A. 18. Plaintiff Joshua Ash, through his attorney, received a response from Allstate and sent afollow-up letter August 31, 2006. See letter attached as Exhibit B. 19. Defendant Allstate never responded, and Plaintiffs counsel sent a third letter dated January 3, 2007. See letter dated January 3, 2007 attached as Exhibit C. 20. Plaintiffs counsel again wrote to Defendant Allstate on January 24, 2007 indicating he expected a tender of Allstate's liability limit and requesting a response from Allstate. See letter dated January 24, 2009 attached as Exhibit D. 21. On February 9, 2007, Plaintiffs counsel sent a certified letter to Defendant Allstate again requesting coverage for Defendant Staley Bowers on her parents' policy with Defendant Allstate. See letter February 9, 2007 attached as Exhibit E. 22. Defendant Allstate through a claim representative did respond via telephone but never responded in writing to Plaintiff Joshua Ash's counsel's letter. 23. Plaintiff Joshua Ash's counsel sent afollow-up letter to the Allstate representative on March 9, 2007 with additional information. See letter of March 9, 2007 attached as Exhibit F. 356563 24. Plaintiff's counsel never received a response from Defendant Allstate and sent another certified letter on March 26, 2007. See letter dated March 26, 2007 attached as Exhibit G. 25. Defendant Allstate still did not respond, and on April 20, 2007, Plaintiff's counsel again wrote to Allstate requesting a response. See letter dated Apri120, 2007 attached as Exhibit H. 26. Plaintiff Joshua Ash maintains that Defendant Allstate has an obligation to provide excess liability coverage to Defendant Staley Bowers as an insured under the Allstate policy purchased by his parents. 27. Plaintiff Joshua Ash has waited to hear from Defendant Allstate for over more than a year since the date of the accident without any response. 28. Defendant Allstate has failed to respond to numerous inquires and has neither accepted nor rejected the claim. 29. Plaintiff Joshua Ash individually and as parent and natural guardian of Plaintiff Willow Ash believes that they have a substantial and direct interest in the Allstate policy covering Stephen and Kristi Bowers and Defendant Staley Bowers. 30. Plaintiff Joshua Ash will only incur additional expenses and attorney's fees by filing suit against Defendant Staley Bowers, as will State Farm who has essentially tendered its policy limits on Plaintiff's claim. 31. Plaintiff Joshua Ash believes that the declaratory judgement action will resolve any uncertainty as to the availability of excess liability coverage on Defendant Staley Bowers for Plaintiffs claims. 356563 32. Plaintiff Joshua Ash maintains that this action for declaratory relief will settle issues concerning his and his daughter's rights as well as the status of Defendant Staley Bowers as an insured under Defendant Allstate's policy. 33. Plaintiff Joshua Ash maintains that an action for declaratory relief will speed the determination of issues related to coverage and more quickly resolve or abort the need for further litigation. WHEREFORE, Joshua Ash on his own behalf, as well as on behalf of his minor daughter, Willow Ash, respectfully requests this Court to issue a decree that Defendant Allstate is an excess insurer for this loss directing Defendant Allstate to accept and handle the claim or defend Defendant Staley Bowers in any claim asserted in Cumberland County against Defendant Staley Bowers as a result of the motor vehicle accident. Date: AN O P.C. ichael E. osik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 356563 VERIFICATION I, JOSHUA ASH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ~~ A ASH Dated: ANGINO & RC INER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 171141708 717/2386791 FAX 717/238.5610 W W W.ANGINO•ROVNER.COM EMAIL: MKOSIK@ANGINO-ROVNER.COM August 9, 2006 Mr. Richazd Ozegovich Allstate Insurance Company PO Box 71389 North Charleston, SC 29415-1389 RE: Claimant: Joshua Ash and Willow Ash Your Insured: Steven Bowers Claim #: 155 5433 109UR0 D/Loss: 7/5/06 Dear Mr. Ozegovich: RICHARD C. ANGINO MICHAEL E. KOSIIC NEII. J. ROVNER RICHARD A. SADLOCK )osEP11 M. MELII.i.O JOAN L. STEHULAK DAViD L. LUTZ LISA M. B. WOODBURN DARYL E. CHRISTOPHER Please accept this letter as afollow-up to my telephone conversation with you on Tuesday, August 9, 2006 concerning the above-referenced claim. At that time, I advised you that we have been retained to represent Joshua Ash and his daughter, Willow, for injuries they received in a motor vehicle accident on July 5, 2006. I would appreciate if you would provide me with a copy of the report if you have received one as Joshua Ash was not even aware where one could be requested in South Cazolina where the accident occurred. Joshua advised me that the accident occurred when his girlfriend, Staley Bowers, was driving his 1993 Honda Accord from Florida to North Cazoiys~a. She appazently left the highway in the left passing lane when she was traveling slightly in e-:;:~Ya of the posted speed limit of 70 miles per hour. She became alarmed when she left highway and overcorrected causing her caz to travel back across the right lane of the highway and shoulder where she again attempted to overcorrect, after which she lost control of the vehicle. This certainly does appear to be a cleaz liability accident where Staley was negligent in the operation of the vehicle resulting in the accident. At this point, I do not have any medical records, but I am enclosing copies of medical bills which the client brought in when I met with him. It is my understanding that Joshua sustained an injury to his left hand were he has plates and six screws and is anticipated will lose some range of motion of the left wrist. Fortunately, he was right hand dominate. His other major injury was to the face and jaw. He lost six teeth in the front in the lower jaw and has a fracture to the upper jaw or facial bones with some additional loss of teeth. The teeth are currently being held with a band, however, he was advised that the teeth in the upper arch have also been disrupted to the point that they will soon die, and he will have to undergo extensive 333224/ ~/ ~J ~!,- Ms. Janita Douglas August 9, 2006 Page 2 orthodontic as well as oral and maxofacial treatment to repair these injuries. The loss of teeth was so extensive that there was also some bone loss. Joshua was working as a gazdener specializing in Japanese Gardens and Bonsai with Nature's Way Nursery. He was supposed to return to work after his vacation but has been unable to return to work since the time of the accident. He does not have any work loss coverage under the policy and, therefore, a claim will be made. He was also supposed to start school at Harrisburg Area Community College this fall. At this point, he is hopeful that he will be able to begin classes and will be able to participate in his class activities in spite of the injuries. I will be happy to update you as soon as I have additional information. His daughter, Willow Ash also sustained significant injuries. She suffered a fracture to her right arm, and it sounded like it was somewhere in the mid-shaft, however, I am not certain if it involved both the ulna and radius. She also suffered fractures to the tibia and fibula of the right leg and that there is some question concerning its positioning since they were not able to place her foot in proper position in the cast. These fractures also require pinning, however, the pins were recently removed by the doctors that they saw after returning to the Harrisburg area at Hershey Medical Center. Obviously, given the severity of the accident, they may have sustained other injuries. I know the airbags did deploy in the front seats, however, Willow was seated behind the driver's seat where the majority of the impact occurred. As soon as I have additional information, I will be happy to forward it on to you. MEK/mmm Enclosures (medical bills) 333233 ANGINO ~ RC 7NER, P.C. 4503 NORTH FkONT STREET HARRISBURG, PA 1711x1708 717/2386791 FAX 7 1 7/23 85 6 10 www.ANCUaaROVNER.coM EMAIL: MKOSIIC@ANGINO-ROVNER.COM August 31, 2006 Mr. Richard Ozegovich Allstate Insurance Company PO Box 71389 North Charleston, SC 29415-1389 RE: Claimant: Joshua Ash and Willow Ash Your Insured: Steven Bowers Claim #: 155 5433 109UR0 D/Loss: 7/5/06 Dear Mr. Ozegovich: RICHARD C. ANGINO MICHAEL E. KOSIIC NEIL J. ROVNER RICHARD A. SADLOCK JOSEPH M. MELII.i.O JOAN L. STEIIULAK DAVID L. LUTZ LISA M. B. WOODBURN DARYL E. CHRISTOPHER I have not heard from you in response to my letter of August 9, 2006 and my prior telephone call to you. I would appreciate if you would provide me with a copy of the police report for this accident as well as advise me of your position on accepting liability for this claim. I have not yet received medical information but will be happy to forward it to you as it is received. I look forward to hearing from you concerning this n~,att~. MEK/mmm E. Kosik 335232 333224 ~~ ` ' ` , ANGINO St ROB _~TER, P.C. 4503 NORTH FRONT STREET fiARRISBURG, PA 171141708 717/2386791 FAX 717/Z38.5610 W W W.ANGINbROVNEILCOM EMAIIs MKOSIKCANGIN03tOVNERCOb1 January 3, 2007 Mr. Richard Ozegovich Allstate Insurance Company PO Box 71389 North Charleston, SC 29415-1389 RE: Claimant: Your Insured: Claim #: D/Loss: Dear Mr. Ozegovich: Joshua Ash and Willow Ash Steven Bowers 155 5433 109UR0 7/5/06 RICHARD C. ANGINO MICHAEL E KOSIIc NEII. J. ROVNER RICHARD A. $ADLOCK JosErH M. MEi n i n JOAN L. sTexauX DAVID L. LUTZ LISA M. B. WOpDBURN DARYL E. CHRISTOPHER I have not heard from you since the beginning of this claim. I would appreciate if you could advise me if you are willing to provide excess liability coverage for this accident. I have received a letter from Allstate advising that they will not provide first-party coverage, but I have never heard a position concerning liability coverage. It was my understanding that your policy provided coverage for Staley Bowers under her father's policy, Steven Bowers. Please advise me of Allstate's position on this matter. Thank you for y e~~ d cooperation. MEK/mmm Michael~~. Kosik 344771 ` , ~,VW ~~ ~1~TGINO &. ROB ~1ER, P.C. 4503 NORTH ~tONT STREET xARRISSURG, PA 1711a1708 717/23&6791 FAX 717/2363610 W W W.ANGIIdCYROVNER.COM EMAIIs MKOSIIC~ANGINO~ROVNER.COM January 24, 2007 Mr. Richazd Ozegovich Allstate Insurance Company PO Box 71389 North Charleston, SC 29415-1389 RE: Claimant: Your Insured: Claim #: D/Loss: Deaz Mr. Ozegovich: Joshua Ash and Willow Ash Steven Bowers 155 5433 109UR0 7/5/06 RICHARD C. ANGINO NEn). RovNER JosEPii M. MELIIl,o DAVID L. Lv'Iz MICHAEL E. KOSIK RICHARD A. SADLOCK Lisa M. B. WooDBURN DARYL E. CHRISTOPHER I previously wrote to you concerning a potential excess liability claim on behalf of my clients, Joshua and Willow Ash. It was my understanding that Allstate provided coverage to Steven Bowers, and as you know Staley Bowers was operating the caz which resulted in my client's injuries. I am ~altcipating a tender of the policy limits on the vehicle that she was driving almost any day now. if your policy provides for excess, obviously, I would need your conseriz and cooperation if we are going to accept that money as a partial settlement. I believe that you have had more than sufficient time to do an investigation and determine coverage issues and, therefore, I would appreciate your advising me of your posi~d4~'tS~j-#lus claim. MEK/mmm 346176 ~~~ ~ c~1vGIlVO & RIM~1vER, P.C. ~ 4503 NORTH ~tONT STREET IL9RRISBURG, PA 17110.1708 717/238b791 FAX ?17/23&5610 W W W.ANGINO~ROVNER.COM EMAIIs MKOSIIC@ANGIN4ROVNER.COM CERTIFIED & REGULAR MAIL RETURN RECEIPT REQUESTED Februazy 9, 2007 Mr. Richazd Ozegovich Allstate Insurance Company PO Box 71389 North Chazleston, SC 2941 S-1389 RE: Claimant: Joshua Ash and Willow Ash Your Insured: Steven Bowers Claim #: 155 5433 109UR0 D/Loss: 7/5/06 Dear Mr. Ozegovich: RICHARD C. ANGiNO MIGZiAE1 E. KOSIIc NEn. J. ROVrrER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. WOODBURN DAVID L. LITIZ DARYL E CHRISTOPHER I would appreciate if you would get back in touch with me and advise me of your position towards providing excess coverage for Staley Bowers under her parents' policy. I have been advising you that I was awaiting a tender of the underlying policy limits in both Joshua and Willow Ash's case. I have now received a tender on Joshua's case, and I expect one will be forthcoming in Willow's case in the not too distant future. I was advised that Staley Bowers was covered under her parents' policy, and I attempted to get a copy of the declaration page that was in effect at the time of this accident. Unfortunately, the family did not have this available any longer, however, they did obtain the enclosed letter from their agent which confirmed that Staley was covered under her pazents' policy at the time of this accident. I would appreciate you providing me with a copy of the declazation page in effect at the time of the accident and advising me if you are willing to review this case. If you are denying coverage, I would appreciate your providing me with the basis for your denial promptly. MEK/mmm Enclosure 348120 ~~ • .~ ~ ~ r~ ~~ ~ ..- .-. O rlJ ~ ~~ Postage $ 0 ~ - ._ Certifted Fee O O Return Receipt Fee (End~ement Required) Postmark p~ Here ~ Restric'-:ed Delivery Fee ~ (Endorsement Required) r-3 Total Postage & Fees ~t1 O Sent To O !~ ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we'cart return the card to you. ^ Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Anrt~icle Addressed to: ~~ ~~ "713 ~`1 a~ ups-l~ ~s A. Signature B Received by (Printed Name) C. Date of Delivery L. Gr4 R+4 ~ S D. Is delivery address different from Rem 1? 0 No If YES, enter delivery address below: 3. Service Type ~S Certified Mail ^ Express Mail D Registered ~,Hetum Receipt for Men;handise ^ Insured Maii ^ C.O.D. 4. Restricted Delivery?(Extra Fee) ^ Yes ` 2. ArticieNumber 7005 116 ~~04 241 1385 (fiansfer from service label) Domestic Retum Receipt io25s5-o2-M-t5e PS Form 3811, February 2004 "L~ r +Aivcnvo & Rc ~nvER, P.C. 4503 NORTH FRONT SI'REE7' HARRISBURG, PA 171141708 717/238b791 FAX 717/2385610 W W W.ANGIN4ROVNER.COM EMAIIs MKOSDC@ANGINO~ROVNER.COM Mazch 9, 2007 Mr. Bill Gwaltney Allstate Insurance Company PO Box 71389 North Charleston, SC 29415-1389 RE: Claimant: Joshua Ash and Willow Ash Your Insured: Steven Bowers Claim #: 155 5433 109UR0 D/Loss: 7/5/06 Deaz Mr. Gwaltney: RICHARD C. ANG1N0 MICHAEL E KOSIIC NEII. J. ROVNER RICHARD A. SADLOCK JosEPH M. MELII1.o LISA M. B. WOODEURN DAVm L. LUTZ DARYL E CHRISTOPHER I understand that you were waiting for a decision from the Pennsylvania office concerning coverage. You were hopeful to receive that answer shortly after I spoke with you, however, I have not heazd anything further. In advising my clients as to the reason for the delay, he provided me with some additional information which I think it would be difficult for Allstate to deny coverage. Apparently, Staley Bowers is a full time student and that her legal address is her pazents home. She was en route to visit her pazents at the time of the accident in North Cazolina. It was also my understanding that she is a named insured on the policy, and I believe given these circumstances she would be entitled to coverage for this accident. I would appreciate your getting back in touch with me as soon as possible concerning this claim. ~~,.., ~ MEK/mmm 3503]9 ~~ J~ •' ANGINO & RO' ~]ER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/2386791 FAX 717/238.5610 W W W.ANGIIdCYROVNER.COM EMA1Le MICOSIICCANGINO~ROVNER.COM March 26, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bill Gwaltney Allstate Insurance Company PO Box 71389 North Chazleston, SC 29415-1389 RE: Claimant: Your Insured: Claim #: D/Loss: Deaz Mr. Gwaltney: Joshua Ash and Willow Ash Steven Bowers 155 5433 109UR0 7/5/06 RICHARD C. ANG1N0 NEn.). ROVNER JOSEPtI M. MEL11L0 DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK LLSA M. B. WOODBURN DARYL E. CHRISI'OPI~R As you know I represent Joshua and Willow Ash for injuries they received in a motor vehicle accident on July 5, 2006. I initially contacted your office on August 9 in follow up to my telephone conversation with a Richazd Ozegovich. At that time, I provided you with the details concerning the motor vehicle accident as well as requested a copy of the report if you had one. I have written to either Mr. Ozegovich or yourself on a number of occ?sions since August attempting to determine Allstate's position with respect to coverage in this claim. I believe that Allstate has had more than sufficient opportunity to investigate this case and certainly any coverage issues, and I do not believe it is unreasonable to have requested some decision within the first six months since the accident. Since Staley Bowers is a Pennsylvania resident, I can advise you that any action that would be started in this claim would be started here in Pennsylvania, and I believe that Pennsylvania also is the appropriate jurisdiction for any claim against Allstate for breach of contract. If an action is brought in Pennsylvania, we have the right to bring a claim for bad faith conduct under insurance policies for which I am sure the adjusters from Pennsylvania can advise you provides for punitive damages, attorney's fees, and costs for bad faith conduct on the part of an insurance company. We have pursued, and there aze a number of cases involving, unreasonable delays in insurance companies responding. At this point, I believe that Allstate's failure to respond concerning coverage in this matter is unreasonable. 350319 ~I In I ~ , V~ r ~^~1 Mr. Bill Gwaltney March 26, 2007 Page 2 I would appreciate your immediately advising of your position concerning coverage in this matter. I have given you more than enough information and time to determine coverage and believe that coverage should be provided under the circumstances of this case. Your prompt attention to this matter would be l_/Michael E. Kosik MEK/mmm ~ f CERTIFIED MAILT,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provides ° ~ ~' ~ ~ ~ I ~ r7J Postage $ ~ p Certified Fee ~J h ~ Retian Receipt Fee Postmark (Endcrsfinent Required) Here p Restr'e;ted Delivery Fee 3~a~-off ..0 (Endoreement Required) rl ~ Total Postage & Fees rrl p ent To p f~ Street, Apt. No.; or PiD Box No. City State Z1P+4-------- :rr rr ----- ------- --- -- - -------------------°----------- ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: ~'}1~l ~ ~~ 6w~~ ~z orbs ~ C~ . a9y~s -~3g~ A. Signature ^ Agent B Received by (Printed Name) C. e f iv L.. ~=~-~,~ D D D. Is delivery address different from item 1 ^ If YES, enter delivery address below: ^ o 3. Service Type Certified Mail ^ Express Maii ^ Registered ~Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Exha Fee) ^ Yes 2. Article Number (Transfer from service label) 7 0 5 116 ~ 0 ~ 0 4 2 410 16 9 9 PS Form 3811, February 2004 Domestic Retum Receipt 7 ULD.`lSilL-M-1540 ~ n i ArT~nvo ~. Rot L~R, P.C. 4503 NORTH FRONT ST'REET' HARRISBURG, PA 171141708 717/2386791 FAX 717/2385610 W W W.ANGINO•ROVNER.COM Eupn . MKOSIK@ANGIIV(}ROVNER.COM Apri120, 2007 Mr. Bill Gwaltney Allstate Insurance Company PO Box 71389 North Chazle^~~al, SC 29415-1389 RE: i;laimant: Your Insured: Claim #: D/Loss: Deaz Mr. Gwaltney: Joshua Ash and Willow Ash Steven Bowers 155 5433 109UR0 7/5/06 RICHARD C. ANGII~U MICHAEL E. KOSIIC Nm J. RovNER RICHARD A. SADLOCK JosErH M. MELU to LISA M. B. woonsuRx DAVID L. LUTZ DARYL E. CHRLSTOPIIEIZR Almost another month has passed without any response. In my last letter, I advised you that your delay in responding was jeopardizing a claim against your insured. I also brought to your attention that a Pennsylvania statute authorizes bad faith claims. I can assure you that I do not believe that it will be a problem getting an assignment from your insured in this case to bring a claim against Allstate since your insured believes that coverage exists for this accident. If I am forced to institute suit against Staley Bowers because of Allstate's failure to respond, you will only be confirming your disregard for your insured under these circumstances. Your prompt attention to this matter ~pegt,~}. MEK/mmm 353418 ~ /- , ~ ~_ ~ f ('"l h~ ~,. . _~ _ i 7? r_ ~ ~' ii ?~ VI 7~- v U{ , ~ C ^' ~ • s ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOSHUA ASH, Individually and as parent IN THE COURT OF COMMON PLEAS and natural guardian and WILLOW ASH, CUMBERLAND COUNTY, PENNA. a Minor, Plaintiffs v. N0.074359 STACEY BOWERS and ALLSTATE INSURANCE COMPANY, ACTION FOR DECLARATORY Defendants JUDGMENT AFFIDAVIT OF SERVICE This is to certify that on the 27th of July, 2007 a true and correct copy of the Complaint to Civil Action No. 074359 was mailed to Allstate Insurance Company, 2775 Sanders Road, Northbrook IL 60062-6127 by certified mail, return receipt requested. A copy of the certified mail receipt 7000 0520 0021 1075 7612 is attached hereto. Michelle. M. Milo~evich ACCEPTANCE OF SERVICE This is to certify that a true and correct copy of the above-noted Complaint was served upon the Allstate Insurance Company via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No: 7000 0520 0021 1075 7612 is attached hereto. Sworn to and subscribed before me this day of 2007. Notary Public NOTARIAL SEAL CqY IUIRRIH38UR~DAIJPMI~NC~IfY Michelle M. Milojevi 361973 . ...,.., `.~ ~ 7 F„ _ ~ ~.~ ~ .~~f~ ~ .~ _ • _, ;ERTIF IED MAIL REC EIPT Domest ic NTai ! Only : No In suranc e Coveraae Nra f11 r-~ N M1 Postage $ O ~ CertKled Fee ,-~ IL O O O rU O O O O N • Complete items 1, 2, and 3. Also complete Rem 4 R Restricted p~~y ~ ~~. • Prir>t your name and address on the revers, so that we can return the card to you. ^ Attach this card to the back of the maUpiece, or on the front if space permRs, 1. Article Add-esaed to: ~~„I'tJrL.U~~Q~Q.Q ~~ O`~77~.~Q./td,U1~S /C~~, ~~~h~al~, .ZL ~ood~- ~~~7 2. Artkde Nurnbar a '~h Williams, A®t. r X Allstate Ms. Co. ^ Apent O Addr~ssea B. Received by (Printed ~1 C. Date at Delivery ' ~ ~uur D. Ia delivery address duierent from kern 17 ^ Yes ~~~~ ~~~~ ~~w:~ZNo 3. TYPe CNtlfied Mail ^ Express Mail ~ Reglatered O Return Receipt for Marchand ^ insured Mau ^ C.O.D. 4. Restricted Delivery't (Exba Fs~ ^ Yes ~a.,~.~, ~©oo ova o ao a ( ~ o ~ s ~~ / a Ps F«ttt 3811. F+awry zoo4 00 R.~ __- ~ -- ____ ,or..,,M.,,~, Retum Receipt Fee Postmark (Endorsement Required) .Here Restricted Delivery Fee (Endorsement Required) Total Postage & Fees a c~- ~' _~, ~° ~ ~ . "3* C ,~ tx J t -..] n 3 ~. ~~ N Q T _. -_~ 1. .'_9~ -~ ('7 ,.. ~'T F? SHERIFF'S RETURN - REGULAR CASE NO: 2007-04359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASH JOSHUA ET AL vs BOWERS STACEY ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWERS STACEY the DEFENDANT at 1806:00 HOURS, on the 6th day of August 2007 at 135 STANFORD COURT MECHANICSBURG, PA STACEY BOWERS 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 14.60 Postage .58 Surcharge 10.00 .00 ~11716Y /~ / 43.18 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/07/2007 ANGINO & ROVNER By: ~. Deputy Sheri f A.D. ANGINO & ROVNER, P.C. Michael E. ICosik, Esquire Attorney ID# :36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238791 FAX (717) 238-5610 Attorneys for Plaintiffs) E-mail: mkosik@angino-rovner.com JOSHUA ASH, Individually and as parent IN THE COURT OF COMMON;PLEAS and natural guardian and WILLOW ASH, CUMBERLAND COUNTY, PENNA. a Minor, Plaintiffs v. STACEY BOWERS and ALLSTATE INSURANCE COMPANY, Defendants N0.074359 ACTION FOR DECLARATORY JUDGMENT PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action withdrawn without prejudice. AN R, P.C. 1 E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiff DATED: 8/24/07 cc: Mr. Bill Gwaltney Allstate Insurance Company Claim #: 155 5433 109UR0 363389 t'~ ~ t ~ -~, ~,-; ~° ;_ ~ ~~ ~'n ~ ~ -ri :- ~ ~ -- ~. ~ ~~ .=- ~ v °~ ~? -.t