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Home My WebLink About04-0881 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C]VIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA ]9103 vs. COURTEOUS RENTALS, INe. 50 Market Street Lemoyne, P A ] 7043 and ASHLEY BACHERT ]00 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 17] 5 Flintlock Court Middletown, P A 17057 NOTICE You have been sued in CQurL, If yOU wiSh to defend against the claims set forth in the follONPB j')3.Qes, )'Ol;llTUSt take actlon within t""€nty (20) days alter this complaint and notice are served, tJy enter-irE a written a~ce personally or by attorney and filing in W!"l1:inq witti the court yaw; defenses or objectlOI1 to the c1.aims set forth against you. You are warned that if :yay fail to do so the case may: proceed without you and a judc:rrnent may be entereB. aqainst you by the court wiehout further notice Ior any money claimed in the complaint or for any other claim or relief requested by the plaint~ff. YOl,l rray lose rroney or property or otner rlghts lmportant to you. YOU SHOUlD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU IX) NOT HAVE A LAWYER OR CANNOT AFFDRD ONE, GO TO OR TELEPHONE THE OFFI CE SET FDRTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION Lawyer Referral and Information service One Reading Center Philadelghia, Pennsylvania 19107 Telephone, (215) 238-1701 Docket No. 04 - PI I (!lC~~L'-r~ AVISO Le han demandado a listed en 1a corte. 8i listed quiere defenderse de est as demandas eXtJl:lestas en Ias paginas siguientes_\ listed tiene veinte (20) dias de plaza a1 r:e.rtir ae 1a fecha de 1a derranda y 1a notlficacioD. Hace falta asentar una ccnparencia escri ta 0 en ~rsona 0 con W1 a.l;qjado y entreqar a 1a corte en tOmB escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado qtJ.e 8i listed no Be defiende, 1a corte tamara mediaas y puede continuar 1a demanda en contra suva sin previa aviso 0 notificaci6n. Ademas, 1a corte puede decidir a favor del derrandante y re~iere CJ4e listed cumpla con tc:das las provisiones tie esta derranda. Usted puede perd~r dinero 0 sus propiedades 0 otros Berecnos lmportantes para usted. LLEVE ESTA DEMANDA A UN == IlMDIATlMNI'E. 81 NO TIENE == 0 SI N:J TIENE EL DINERO SUFICIENTE DE P.AGAR TAL SERVICO, VAYA EN PERS(:W\ 0 LLAME POR TELEFDNO A IA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE 8E PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE LICENCIADOS DE FILADELFIA Servicio De Referencia E Informaci6n Legal One Readlng Center Filadelfia, Pennsylvania 19107 Tel~fono: (215) 238-1701 MCCORMICK & PRIORE ATfORNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA 19103 vs. Docket No. 04-881 Civil Term COURTEOUS RENTALS, INe. 50 Market Street Lemoyne, PA 17043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-caption Civil Action for an additional thirty (30) days. McCORMICK & PRIORE ~ ~ BY' '- V\ . H'.JOS H~ON,m Attorney J.D. No: 42323 Attorneys for Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-0161 Dated: July 12, 2004 McCORMICK & PI<IORE ATIORNEYS AT LAW ':Y ~. c;n '" c;:, c::--> -=- o -h -, -,..: nl::n " -Oln s-J~~ ":?i::{.;' -,!,,-j (-- ~~ G> ...;:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIA nON One Logan Square Philadelphia, PA 19103 vs. COURTEOUS RENTALS, INe. 50 Market Street Lemoyne, PA 17043 and ASHLEY BACHERT ] 00 Reed Drive Marysville, P A ] 7053 and LORETTA FERSTER 1715 Flintlock Court Midd]etown, P A 17057 Docket No. DECLARATORY JUDGMENT COMPLAINT Plaintiff, Legion Insurance Company ("Legion") and the Pennsylvania Property & Casualty Insurance Guaranty Association ("PP&CIGA"), by and through their attorneys, McCormick & Priore, hereby brings this action for declaratory relief under the Pennsylvania Declaratory Judgment Act, 42 Pa. e.S.A. Section 7531-7542, and prays that this Honorable Court declare that no duty to defend and/or indemnify and/or coverage exists for certain claims under a Business Auto Policy issued to defendant, Courteous Rentals, Inc, and in support thereof avers and says the following: FACTUAL BACKGROUND MCCORMICK & PRIORE ArroRNEYS AT LAW 1. Plaintiff, Legion Insurance Company (hereinafter "Legion"), is a licensed insuran4ce company in the Commonwealth of Pennsylvania with offices at One Logan Square, Philadelphia, Pennsylvania 19103. 2. PP&CIGA is an association of insurers licensed to write property and casualty insurance on a direct basis in The Commonwealth of Pennsylvania which, subject to statutory limits, assumes the insurance policy obligations of licensed insolvent insurers in Pennsylvania for residents and/or property located in the state. 3. PP&CIGA has, subject to statutory limits, assumed the insurance policy obligations of Legion Insurance Company in connection with the matters at issue in this declaratory judgment action. 4. Defendant, Courteous Rentals, ]nc., (hereinafter "Courteous Rentals"), is a corporation duly organized under the laws ofthe Commonwealth of Pennsylvania with its registered office and principal place of business at 50 Market Street, Lemoyne, Pennsylvania 17043. 5. Defendant, Ashley Bachert, is an adult individual who resides at 100 Reed Drive, Marysville, Pennsylvania] 7053. 6. Defendant, Clyde Bachert, is an adult individual who resides at 100 Reed Drive, Marysville, Pennsylvania 17053 and who was at all times material hereto the owner and president of Courteous Rentals. 7. Defendant, Loretta Ferster, is an adult individual residing at 1715 Flintlock Court, Middletown, PA 17057 and who is the named plaintiff in a lawsuit brought against, among others, Ashley Bachert and Courteous Rentals titled Ferster v. Courteous Renta]s, Inc., et aI., -2- MCCORMICK & PRIORE ArroRNEYS AT LAw C.C.P. Phila. Co., October Term, No. 3474 (hereinatter "the Ferster action"), 8. A true and correct copy of the complaint filed in the Ferster action is attached hereto as Exhibit "A." 9. On or about August 25, 2000, Courteous Rentals was the named insured on a Business Auto Insurance Policy, policy number No. CA6]236942, issued by Legion (hereinatter "the policy"). A true and correct copy of the policy, including its Declarations Page and Terms and Conditions, is attached hereto as marked collectively as Exhibit "B". I O. At all times material hereto the policy provided liabi lity coverage lor covered bodily injury, caused by an accident, and resulting from the ownership, maintenance or use of "covered autos" as defined by the policy. ] 1. Courteous Rentals and Ashley Bachert are presently being provided with a defense by Legion Insurance Company on connection with the Ferster action pursuant to a full reservation of rights. ]2. Under the ternIS ofthe policy issued by Legion to Courteous Rentals, Legion undertook to provide liability coverage as follows: SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a "covered auto." See Business Auto Coverage FornI, CA 0001 0797, at p.2. 13. The policy also includes the following relevant definitions of terms used therein: -3- MCCORMICK & PRIORE ArroRNEYS AT LAW SECTION V - DEFINITIONS E. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker." N. 'Temporary worker" means a person who is fumished to you for a finite time period to support or supplement your workforce in special work situations such as "employee" absences, temporary skill shortages and seasonal workloads. See Business Auto Coverage Form, CA 0001 0797, at p.l O. 14. The policy also contains the following exclusions which provide, in pertinent part, as follows: 4. Employee Indemnification and Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and on the course of: (I) Employment by the "insured;" or, (2) Performing the duties related to the conduct of the "insured's" business; or 5. Fellow Employee. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. See Business Auto Coverage Form, CA 000] 0797, at p. 3. ] 5. The policy also states in pertinent part as follows: AUTO RENTAL AGENCIES This endorsement modifies the insurance provided under the Business Auto Coverage Form. A. The following is added to SECT]ON] - COVERED AUTOS: A covered "auto" is an "auto" held by you for rental on a short term basis (Jess than 12 months) or used in connection with your business of renting -4- MCCORMICK & PRIORE ArroRNEYS AT LAw "autos" to others, and reported to us in accordance with the provisions of item B. below. "Autos" which are not reported to us are not covered under this insurance. See Auto Rental Agencies Endorsement, Form 160027 (11-94), 16. With respect to who is an insured undcl' the policy, the policy states in pertinent part as follows: ]. Who Is An Insured The following are "insureds": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (J )-(5) [Not applicable] See Business Auto Coverage Form, CA OOOl 0797, at p.2. 17. The policy also contains an endorsement providing in pertinent part as follows with regard to cancellation: COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 2. We may cancell this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. * * * b. 30 days before the effective date of cancellation if we cancel for any other reason. See Common Policy Conditions, IL 00 17 ] I 85. 18. Plaintiffs incorporate herein by reference all other telms and provisions of the policy attached hereto as Exhibit "B". -5- MCCORMICK & PmORE ArroRNEYS AT LAw COUNT I - DECLARATORY RELIEF ] 9. Plaintiffs incorporate herein by reference the allegations set forth in paragraphs I through] 8 above as though more fully set forth herein at length. 20. On or about August 25, 2001J. defcndant. Linda Ferstcr was a passcnger in a vehicle owned by Courteous Rentals and operated by Ashley Bachert. 21. It is alleged that Ms. Ferster sustained fairly severe injuries to her right hand and wrist, among other things, after Ms. Bachert rear-ended another vehicle on Route]] in Pennsboro Township in Cumberland County, Pennsylvania (hereinafter "the accident"). 22. At the time of the accident, Ms, Bachert, who was then ]6 years old, was operating the car owned by Courteous Rentals with a Pennsylvania leamer's pemlit. 23. Courteous Rentals is owned by Ms. Bachert's father, Clyde Bachert. 24. Mr. Bachert reported in connection with the Ferster action that his daughter was at all times material hereto an employee of Courteous Rentals. 25. Mr. Bachert further reported in connection with the Ferster action that his daughter, Ashley Bachert, was permitted to drive one of the company's rental vehicles about once per week under the supervision of an adult licenced driver. 26. Ashley Bachert was not listed as a regular user of Courteous Rentals' vehicles. 27. At the time of the accident, according to the facts reported to Legion by Mr. Bachert, his daughter was driving to pick up checks for Courteous Rentals from as yet undisclosed locations. 28. It is believed and therefore averred that at the time of the accident at issue in this matter Ms. Ferster, the plaintiff in the underlying action, was Mr, Bachert's girltriend and that -6- MCCORMICK & PRIORE AITORNEYS AT LAW she was acting as Ms. Bachert's licensed adult supervisor at the time of the accident. Ms. Ferster and Mr. Bachert, upon information and belief, have since married. 29. It is believed and therefore averred that Ms. Bachert was operating the vehicle owned by Courteous Rentals and involved in the accident for personal use unrelated to thc business of Courteous Rentals. 30. It is believed and therefore averred that Ms. Bachert was operating the vehicle owned by Courteous Renta]s and involved in the accident for personal use unrelated to the business of Courteous Renta]s with the knowledge and consent ofMr. Bachert. 3]. The subject policy specificaJly provides that only autos held for rental on a short term basis or used in connection with Courteous Rental's business of renting autos to others are "covered autos" for purposes of coverage. 32. Alternatively, it is believed and therefore averred that at the time of the accident and aJl times material hereto Ms. Ferster was an agent, servant, or employee of Courteous Rentals such that the claims asserted by her against defendants in the Ferster action are exclllded from the policy's coverage. 33. It is believed and therefore averred that Courteous Rentals, Inc, is a "family run" operation. 34. It is believed and therefore averred that Clyde Bachert does not privately own any vehicles in his own name. 35. It is believed and therefore averred that Clyde Bachert regularly uses company owned vehicles for his own personal use unrelated to any business of Courteous Rentals. 36. It is believed and therefore averred that the Mustang involved in the accident was -7- MCCORMICK & PRrORE AITORNEYS AT LAw at all times material hereto a vehicle held primarily for the personal use of Clyde Bachert and/or members of his family. 37. Vehicles owned by Courteous Rentals and held for the personal use of its employees and/or members of their families are not covered autos under the policy. 38. It is believed and therefore averred that Ms. Bachert was not operating the Courteous Rentals auto involved in the accident for legitimate business purposes and, therefore, that neither she nor Courteous Rentals would be entitled to coverage for the claims asserted in the Ferster action. WHEREFORE, plaintiffs, Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, pray that this Honorable Court issue the following declaratory relief: (a) Neither Legion Insurance Company nor the Pennsylvania Property & Casualty Insurance Guaranty Association have any obligation to defend or indemnify either Courteous Rentals, Inc. or Ashley Bachert in connection with the claims asserted in the matter ofFerster v. Courteous Rentals, Inc.. et aI., C.C.P. Phila. Co., October Term, No 3474. (b) Legion Insurance Company and/or the Pennsylvania Property & Casualty Insurance Guaranty Association are permitted to withdraw entirely from the defense of any and all claims asserted against the defendants in Ferster v. Courteous Rentals, et al.; -8- MCCORMICK & PRIORE ATIORNEYS AT LAW Dated: (c) any other relief deemed appropriate by the Court based on the facts and evidence presented in the prosecution of this declaratory judgment action including, but not limited to, possible recission or cancellation of the policy. McCORMICK & PRIORE BY: 4 Penn Center, Suite 800 ] 600 JFK Boulevard Philadelphia, Pennsylvania 19103 (215) 972-0161 (215) 972-5580 Fax Attorneys for PlaintitTs, Legion Insurance Company and The Pennsylvania Property & Casualty Insurance Guaranty Assoc. -9- MCCORMICK & PRIORE ATIORNEYS AT LAW . -- I, ~/d 4hdAII y I ! VERIFICATION , states that he/she is authorized to make this verification on behalf of Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, plaintiffs herein and, that the statements made in the foregoing Declaratory Judgment Complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of] 8 Pa. c.S.A. Section 4904 relating to unsworn falsification to authorities. ~. '>t(~ .J .,;/9 /~ -11- MCCORMICK & PmORE ATIORNEYS AT LAw "-' C-;:) = <;T' =:t ,-) '1 .-\ ~:D t,,~ rT~ C) -0 ~"" '-:'? o -i f( p Cg", 1. v, ~.' ~ ,~ :~ f" .. . -'y, ~ ~ III _.... :-J () -,.; ri: 8 \) i' 1 "Tl:--l ..... ~ ~ -.. - ,~~) If' {L) 0 . ) ~ , , (-:,"J ;:'.,,-' SHERIFFIS RETURN - REGULAR CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE COURTEOUS RENTALS INC was served upon , at 1220:00 HOURS, on the 3rd day of March DEFENDANT at 50 MARKET STREET LEMOYNE, PA 17043 KRICY STRECHER, COORDINATOR, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriffls Costs: Docketing Service Affidavit Surcharge 18.00 11.04 .00 10.00 .00 39.04 Sworn and Subscribed to before -t> me this /q- day of ~ ~'i A.D. n. ~Q ~ .-- ~rothonotary ,~ So Answers: r~~ R. Thomas Kline 03/17/2004 MCCORMICK & PRIORE B~-L~~ - -/ ~puty Shen.ff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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: BACHERT ASHLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 17th, 2004 , this office was in receipt of the attached return from PERRY sheriff's Costs: Docketing Out of County Surcharge Dep Perry Co So answers: 6.00 9.00 10.00 .00 .00 25.00 03/17/2004 MCCORMICK & R. Thomas Kline Sheriff of Cumberland County PRIORE Sworn and subscribed to before me this ft?~ day of-711A--uV .2iJ-V 'f A . D . .'~ ( Lv- 0 ~;f/,~<< -n prothonota:r'y SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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: FERSTER LORETTA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 17th, 2004 , this office was in receipt of the attached return from DAUPHIN Sheriffls Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 54.25 03/17/2004 MCCORMICK & PRIORE So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 11~ day of7n.u--u~ 20-0,\ A.D. ~v- (). ~ ,{ p . Prothonotary' fi? In The Court oJ Common Pleas of Cumberland County, Pennsylvania Legion Insurance Company Property & Casualty Ins Guar Assoc VS. Courteous Rentals Inc et al Loretta Ferster SERVE: No. 04-881 civil Now, March 2, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,........., --,?,j /' ,-~' ~r /,.&':;.., w }:..,..'>:::~.; !-r~- _....,.. ..... ._:If. ..-.'.' A ~;:.s"~..,......;.:'l1:',,-ot:. ,t" I'-"'~'''l',.,.~.....7 r 6 ~ ""':.f '"".<-.......".'. .'-.... Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the 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 $ $ @ffice ilf tffl~ ~4~:riff William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (7]7) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LEGION INSURANCE COMPANY PENNSYLVANIA vs County of Dauphin FERSTER LORETTA sheriff's Return No. 1642-T - -2004 OTHER COUNTY NO. 04-881 AND NOW:March 10, 2004 at 10: 30AM served the within NOTICE & COMPL. IN DECLARATORY JUDGEMENT upon FERSTER LORETTA by personally handing to LORETTA FERSTER 1 true attested copy (ies) of the original NOTICE & COMPL. IN DECLARATORY JUDGEMENT and making known to him/her the contents thereof at 1715 FLINTLOCK COURT MIDDLETOWN, PA 17057-0000 Sworn and subscribed to So Answers, Jf~ before ~ ,~. '~.&P~" Sheriff of Dauphin County, Fa. PROTHONOTARY By ,~A~' Deputy Sheriff Sheriff's Costs: $29.25 PD 03/09/2004 RCPT NO 189844 S8 En Tbe Court (]if Common Pleas of Cumberland County, Pennsylvania Legion Insurance Company Property & Casualty Ins Guar Assoc VS. Courteous Rentals Inc et al Ashley Bachert SERVE: No. 04-881 civil Now, March 2. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~'7 ' .-- ~ ;;.., w ::!..../:{.~~ ~ ,..........~,....,.~'":.;-;~..t:...t: .-i""~ l::.:.....~~ ..,~~<1f ,,,,,{ ",.',.~".,,_.... . 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 of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN In the Court of Common Pleas Of the 41't Judicial District of Pennsylvania- Perry County Branch Legion Insruance Co. Property & Casualty Inc. Gaur. Assoc.. vs Ashley Bachert 100 Reed Dr. Marysville, P A 17053 NO. 2004-881 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Ashley Bachert, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint, to the above named Defendant(s) Ashley E. Bachert, of 100 Reed Dr. Marysville, PA 17053 NOT FOUND. Defendant moved from this address over I year ago. Moved out of Perry County. '3:l r Jk Sworn and subscribed to before me this _ day of , 2004. Sheriff of Perry County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYL V ANlA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, P A 19103 vs. COURTEOUS RENTALS, INe. 50 Market Street Lemoyne, PA 17043 and ASHLEY BACHERT ] 00 Reed Drive Marysville, P A ] 7053 and LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 Docket No. 04-881 Civil Term PRAECIPE TO REINSTATE COMPLAINI: TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-caption Civil Action for an additional thirty (30) days. Dated: 'b' 'V\ - 0,\ MCCO~ICK & PRIORE By: V\ H.JOS Attome I. . No: 42323 Attorneys or Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, P A 19103 (2]5) 972-0]6] MCCORMICK & PRIORE ArroRNEYs AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER n ~; --:; f:-: r;;:: ....., = = ..:- :g :;:;.- -< I W Civil Ternl Docket No. 04-881 ; ~~ I :<( :" ~:~.,~., t:.~~: ?:j -<. .....' ::~;.: o '" ."" :T::n 111,- ""m -10 06 :r:!:i 80 c5rn --< ~ '< l;-? Ul W NOTICE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you ITUlst take action within twenty (20) days after this complaint and notice are served, by entering a written a~ perscm1ly "" by attorney an:l filing in writing with the court your defenses or objection to the claims set forth against you. You are warned that if you fail to do so the case rray prcceed without yoo an:l a jud;Jrrent rray 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 rray lose rr=ey or property or other rights important to you. AVISO Le haIl derrandado a listed en la corte. Si listed quiere defe::1derse de estas derrandas expuestas en las paginas siguientes ,usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci6n. Race falta asentar una carparencia escrita 0 en persona 0 ccn un al:x::::ga.do y entregar a 1a corte en foma escrita BUS defensas 0 SUS objeciones alas demandas en contra de su persona. Sea avisa.d::J que si usted. no se def iende I la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificaci6n. Ademas, la corte puede decidir a favor del derrandante y requiere que usted currpla con t<::das las provisiones de esta derranda. Usted. puede perde~r dinero 0 sus propiedades 0 otros derechos importantes para usted. YOU SHOULD TAKE TIlIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CD TO OR TEIEPHrnE THE OFFICE SET F1JRIH IlELCW TO FIID CJJr WHERE YCXJ = GET LEGAL HELP. LLE\lE FSrA Dl~ A ill Af!f:1:liM:tJ INMEDIATI\MENI'E. SI ID TIENE NrI.'!NXJ 0 SI ID TIENE EL DINERO SUITCIENI'E DE PAGAR TAL SERVICD, VAYA EN PERSCNA 0 LLAME roR TELEFONO A L~ OFICINA OJYA DIRE=CN SE ENC\JENTRA ESCRITA ABJ\JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BARASSOCIA TION Lawyer Referral and Illfoffilation S~rvice 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 CUMBERLAND COUNTY BAR ASSOCIA nON Lawyer Referral and Information ServIce 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MCCORMICK & PmOPE ATI'ORNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION EGION INSURANCE COMPANY ENNSYLVANIAPROPERTY & ASUALTY INSURANCE GUARANTY SSOCIATION vs. OURTEOUS RENTALS, INC. and SHLEY BACHERT and ORETTA FERSTER Civil Term Docket No. 04-881 NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT 0: LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 IMPORTANT NOTICE OU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE ERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR EFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU CT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE NTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY R OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR ELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 McCORMICK & PRJrORE BY: 8 Dated: April 28, 2004 H.JOS 4 Penn 1600 JF Boull:vard Philadelphia, Pe:nnsylvania 19103 (215) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs, Legion Insurance Company and The Pennsylvania Property & Casualty Insurance Guaranty Assoc. MCCORMICK & PmORE AITORNEYS AT LAw () c ,;:...- .~i;yt ,. (/j .,' r",:-:' fL ::~ -< "'-> = = '""" ~ X-" m- ,- :om ,tJ~ o ~Ij. b:d z(') Om ~ .n -< =:Jr ~ -< I W --." ::r.: '>? en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION VS. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Civil Term Docket No. 04-881 NOTICE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you TTUlst take action within twenty (20) days after this complaint and notice are served, by entering a written awearance pm3cr1all y or by attorney and filing in writing with the court your defenses or objection to the claims set forth against you. You are warned that if you fail to do so the case rray proceed without ycu and a iucl3m=nt nay 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 nay lose rrrney or property or other rights important to you. AVISO Le han dema.ndado a listed en la corte. Si listed quiere defenderse de estas derrandas expuestas en las paginas siguientes, listed tiene veinte (20) dias de plazo al fE.rtir de la fecha de la derrenda y la notificaci6n. Hace falta asentar una ~ia escrita 0 en persona 0 con illl ab::9acb y entregar a la corte en foma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea. avisado que si usted no se defiende, la corte to":nara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificaci6n. Ademas, la corte puede decidir a favor del demandante y requiere que usted currpla con tcdas las provisiones de esta demanda. Dsted. puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU IX) NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR ~ THE OFFICE SET FamI BELCW TO FIW cur WHERE YUJ CAN GET LEI3I\L HELP. LLE\IE = DEMAND/>. A UN AOCGI\IX) INMEDIATAMENI'E. SI ID TIENE AOCG= 0 SI ID TIENE EL DINERD SUFICIEmE DE PAGAR TAL SERVICO, VAYA EN PERSCNA 0 LLAME POR TELEFONO A IA OFICINA OJYA DIRECCICIN SE ENOJENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA TION Lawyer Referral and Infonnatiun Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 CUMBERLAND C0UNTY BAR A~SOCIATION Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MCCoRMICK & PRIORE ATIORNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION EGION INSURANCE COMPANY ENNSYLVANIAPROPERTY & ASUALTY INSURANCE GUARANTY SSOCIATION vs. OURTEOUS RENTALS, INe. and SHLEY BACHERT and ORETTA FERSTER Civil Term Docket No. 04-881 NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT 0: COURTEOUS RENTALS, INC. 50 Market Street Lemoyne, P A 17043 IMPORTANT NOTICE OU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE ERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR EFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU CT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE NTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY ROTHERIMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR ELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 McCORMICK & PRIORE Dated: April 28, 2004 BY: ~ PH YRON, Center, Suite 160 FK Boulevard Philadelphia, Pennsylvania 19103 (2]5) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs, Legion Insurance Company and The Pennsylvania Property & Casualty Insurance Guaranty Assoc. MCCORMICK & PRIORE ATIORNEYS AT LAw Q ~:,; ~,~ -:}t;'. rC,i '~J _.' ZC (J)';~ t2.l-: ~~"f< )..~c~. ~ ~ ::1: ;;;, , t..:> ~l -, -c. -T1 f~tn ~':1,'1: 6Q 1-4~ ..")-..... ':;,:-..,. H1 6 .-A 'l5 :.< -0 :;l:: ('.:l .' U' .r;- IN THE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA 19103 vs. Docket No. 04-881 Civil Term COURTEOUS RENTALS, INC. 50 Market Street Lemoyne, P A 17043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-ca.ption Civil Action for an additional thirty (30) days. McCORMICK & PRIORE H Dated: t) / ')/ 0 i By: H.JOSE Attorney. ,No: 4232 Attorneys for Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-01161 MCCORMICK & PRIORE ATIORNEYS AT LAw -r:,(-f!i Q.!rl"' t~i,"; ;;:1'. ~~" \: .. c~ Pc 2: ::;! () C ..., = = .&:- :::;: ...,. :..-: o "11 -l ::c -0 rn.-- "TJF!i C06. C) --I -'1--.' '~~ :~J >....C) 'f.5rn ..-! '" ~:q ..(.. w -;:.; ry o tJ:> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA 19103 vs. Docket No. 04-881 Civil Term COURTEOUS RENTALS, INe. 50 Market Street Lemoyne, PA 17043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-caption Civil Action for an additional thirty (30) days. McCORMICK & PRIORE I/A. P ~YR Atto LD. No: 323 Attorneys for Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-0161 Dated: June 15, 2004 McCORMICK & PmORE ATTORNEYS AT LAW (J '" 0 = c co> ..., ~'::, ...- <- ::;:J ~ ~ = ffipg :1:: f'.) -om -~9 -~ C' ----to -0 :T: =F1 0..,. ;-, ::c .'";;>,C) '-. csm S~:; ~..~ ::=1 :::> .r.- ::0 --( ~- -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION v. DOCKET NO. 04-881 COURTEOUS RENTALS, INC., ASHLEY BACHERT, AND LORETTA FERSTER ANSWER OF DEFENDANT, LORETTA FERSTER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted 5. Denied as to Ms. Ferster's address. 6. Denied. 7. Admitted. 8. Neither admitted nor denied. 9. Admitted. 10. Neither admitted nor denied. The Plaintiffs allegations contained in this paragraph constitute conclusions oflaw to which no responsive pleading is required. 11. Neither admitted nor denied. Plaintiff is unaware ofthe relationship currently between Legion Insurance Company, Ashley Bachert and Courteous Rentals. 12. Neither admitted nor denied. The insurance policy speaks for itself. By way of further answer, the allegations contained within this paragraph constitute conclusions oflaw to which no responsive pleading is required. 13. Neither admitted nor denied. The policy speaks for itself. 14. Neither admitted nor denied. The policy speaks for itself. 15. Neither admitted nor denied. The insurance policy speaks for itself. 16. Neither admitted nor denied. The insurance policy speaks for itself. 17. Neither admitted nor denied. The policy speaks for itself. ]8. This is an incorporation paragraph to which no response is needed. Defendant hereby incorporates her responses to paragraphs 1 - 17. COUNT I - DECLARATORY RELIEF 19. Answering defendant incorporates by reference answers to paragraphs' one through eighteen as though fully incorporated herein by reference. 20. Admitted in part. It is admitted that Ms. Bach,~rt rear-ended another vehicle. Ms. Ferster, as a result, sustained severe injuries to her wrist and hand among other InJunes. 21. Admitted. 22. Admitted. 23. Admitted. 24. Neither admitted nor denied. Answering defendant caunot speak for Mr. Bachert. 25. Neither admitted nor denied. Answering defendant cannot speak for Mr. Bachert. 2 26. Neither admitted nor denied. The policy speaks for itself. 27. Neither admitted nor denied. Plaintiff does not have knowledge of what Mr. Bachert reported to Legion Insurance. 28. Neither admitted nor denied. 29. Denied. 30. Neither admitted nor denied. Answering defendant cannot speak for Mr. Bachert. 31. Neither admitted nor denied. By way of furthf:r answer, the allegations contained within this paragraph of Plaintiffs Complaint constitutes conclusions oflaw to which no responsive pleading is required. 32. Denied. By way of further answer, the allegations contained within this paragraph of Plaintiffs Complaint constitute conclusions oflaw to which no responsive pleading is required. Furthermore, it is specifically denied that Ms. Ferster was an agent, servant, or employee of Courteous Rentals at the time of the accident. 33. Neither admitted nor denied. 34. Neither admitted nor denied. 35. Denied. 36. Denied. 37. Denied. 38. Denied. It is specifically denied that Ms. Bachert was operating the Courteous Rental vehicle involved in the accident for non-legitimate purposes. WHEREFORE, answering Defendant demands judgment in their favor and against Plaintiff, together with interest and cost. 3 NEW MATTER 39. Plaintiffs claims are barred by the applicable statute oflimitations. 40. Plaintiffs Complaint fails to state a claim or a cause of action to which relief may be granted against defendant. 4]. Plaintiff does not have jurisdiction over defendant. WHEREFORE, answering Defendant demands judgment in their favor and against Plaintiff, together with interest and cost. SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 4 CERTIFlCATE OF SERVII[Jj; This is to certifY that a true and correct copy of the enclosed Answer of Defendant, Loretta Ferster to Plaintiffs Complaint with New Matter, was mailed by first class U.S. mail on July 6, 2004 to the following: H. Joseph Byron, III, Esquire McCormick & Priore 4 PeM Center, Suite 800 ] 600 JFK Boulevard Philadelphia, P A 19103 E~ (") r;;; <".,. ""'r';";',.' ..... ...~ rl'!r; . :;:...,::'.: (J} :~. ~f'~ ...-. ~S; - o.~ ,...., -= = ..,- ~ . , -..J ",. :w.: !?, :I'.." rnp -om ::n<;:1 <;:i~f I.,.i 0"- '..' C) .....~rn S -,.. ':i:J =-< ';CJ .z;- en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS,INC. and ASHLEY BACHERT and LORETTA FERSTER Civil Term Docket No. 04-881 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiffs, Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, and against defendant, Courteous Rentals, Inc., for failure to answer or otherwise respond to the Declaratory Judgment Complaint in the above-captioned action. The Complaint was served upon Courteous Rentals on March 3, 2004 by the Cumberland County Sheriff. A copy of the Sheriffs Return of Service is attached hereto as Exhibit" A." A copy of the Notice of Intention to Take Default served upon Courteous Rentals, Inc. on April 28, 2004 by the undersigned attorney for plaintiffs is attached hereto as Exhibit "B." McCORMICK & PRIORE By: .b\ . U/l-AA dr\ P-.../,.. ; In JO~;H'"'iho'N, ~~ Attorney for Plaintiffs MCCORMICK & PRIORE ATIORNEYS AT LAW Exhibit A SEERIFFIS RETURN - OUT OF COUNTY CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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: BACHERT ASHLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT i~ NOTICE On March 17th, lQ04 , this office was in receipt of the attached return from PERRY sheriffls Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Perry Co .00 .00 25.00 03/17/2004 MCCORMICK & PRIORE So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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: FERSTER LORETTA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the wi thin COMPLAINT ," NOTICE On March 17th, lQ04 , this office was in receipt of the attached return from DAUPHIN Sheriffls Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 54.25 03/17/2004 MCCORMICK & PRIORE So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary In The Court oJ Common. 'Pleas of Cumberland County, Pennsylvania Legion Insurance Canpany Property & Casualty Ins Guar Assoc VS. Courteous Rentals Inc et al Loretta Ferster SERVE: No. 04-881 civil Now, March 2. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ,/'j ;7 ~. .-;." ~I' /~." ~"::::"'''''.....,,,:::'-~ . - -..,-".-. ,.,..". ..-,.....- ....., "'-~~.. ,_...-..~':.t': *~,,,,""',J' "",..~...t7 j'.- ..~..-::/ ~,,~. ..-''''''' . Sheriff ofCuroherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20__ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @ilite of tlt~ ~4~xiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michae] W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LEGION INSURANCE COMPANY PENNSYLVANIA vs County of Dauphin FERSTER LORETTA Sheriff's Return No. 1642-T - -2004 OTHER COUNTY NO. 04-881 AND NOW:March 10, 2004 at 10:30AM served the within NOTICE & COMPL. IN DECLARATORY JUDGEMENT upon FERSTER LORETTA by personally handing to LORETTA FERSTER 1 !:rue attested copy(ies) of the original NOTICE & COMPL. IN DECLARATORY JUDGEMENT and making known to him/her the contents thereof at 1715 FLINTLOCK COURT MIDDLETOWN, PA 17057-0000 Sworn and subscribed to So Answers; JI!~ ~'~~~;::;" I Sheriff of Dauphin County, Pa. PROTHONOTARY By ,~A~' Deputy Sheriff Sheriff's Costs: $29.25 PD 03/09/2004 RCPT NO. 189844 SS !n Tbe COllrt of Common Pleas of Cumberland County, Pennsylvania Legion Insurance Company Propert~ & Casualty Ins Guar Assoc VS. Courteous Rentals Inc et al SERVE: Ashley Bachert Now, March 2, 2004 hereby deputize the Sheriff of Perry No. 04-881 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. a 4' /..,. ~ /, ?",. ~,{"",/,~::/. ,~ ._~- ". -~ -.'^ ~ ,,"- .... ,A "'-~~"'","~,~;r,...t' ,;". ,.---". ..,.,..-....7 8~. '~,.-"{ .,"~-,-,~,.,,~. '- Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of , 20__ Sheriff of Cumberland County, PA Affidavit of Service ,20_, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN In the Court of Common Pleas Ofthe 41" Judicial District of Pennsylvania- Perry County Branch Legion Insruance Co. Property & Casualty Inc. Gaur. Assoc.. vs Ashley Bachert 100 Reed Dr. Marysville, P A 17053 NO. 2004-881 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Ashley Bachert, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint, to the above named Defendant(s) Ash]ey E. Bachert, of 100 Reed Dr. Marysville, P A 17053 NOT FOUND. Defendant moved from this address over 1 year ago. Moved out of Perry County. Sworn and subscribed to before me this _ day of , 2004. sOZJiJ ( ~ kN{ce Sheriff of Perry County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA 19103 vs. COURTEOUS RENTALS, INC. 50 Market Street Lemoyne, P A ] 7043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, PA 17057 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the foll0.-4.n3 p:iqes, ~ rrust take action within tv..enty (20) days a"Iter this complaint and notice are served, OY Emteriqg a written ~ p:'!rsonally or by attorney and filirB in wfiti.rq witii the court yot.l+ defenses or cibjectJ.Ot1 to the Claims set forth against you. You are warned that if yep fail to do so the case nay': proc:eed without ypu and a juc:klrrent may be enterea aqainst you by the court w,~Ehout further notice ror any money claimed :In the complaint or for any other claim or relief requested by the plainf~ff. YOl,l rray lose rroney or property or otner rlghts J.mportant to you. YOU SHOUlD TAKE '!HIS PAPER TO YOUR lAWYER AT ONCE. IF' YOU ro NOT HAVE A LAWYER OR CANNOT AFFDRD ONE, GO TO OR TELEPHONE THE OF'F'ICE SET FDRTH BELOW TO F'IND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION Lawyer Referral and Information Service One Reading Center Philadelp.hia, Pennsylvania 19107 ~elephone, (215) 238-1701 Docket No. O'-l -if! C!.iUl.l~en.w, AVISO Le han demandado a listed en la corte. . Si usted quiere defenderse de estas demandas expl,lestas en Tas paginas siguientes~ listed tiene veinte (20) dias de plaza aI partir ae la fecha de la derranda y la notlficaci6n. Race falta asentar una carparencia escrita 0 en ~sona 0 con un al;x:gado y entregar a la corte en forrra escrita sus defensas 0 SUS obj eciones alas demandas en contra de su persona. Sea avisado q)Je si listed no se defiende, la corte tomara meditlas y puede co;ntinu,ar la demanda en contra suya Sln prevlo aV1SO a notificaci6n. Ademas, la corte puede decidir a favor del demandante y reqpiere qqe usted cumpla con todas las provisiones ae esta demanda. Dstect 'Quede _perdE;!r dinero 0 sus propiedades 0 otr08 aerecfios lmportantes para usted, LLEVE ESl'A DEMANDA A UN N!fJ2N:D IIMDIATI'MENI'E. S1 NO 'ITEm N!fJ2N:D 0 S1 NO TIEm EL DlNERO SUFICIENIE DE P.AGI\R TAL SERV1CO, VAYA EN PERSONA 0 LLAME POR TELEFONO A lA OF1CINA CLlYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIAC10N DE L1CENC1ADOS DE F1LADELF1A Servicio De Referencia E Informacion Legal One Reading Center Filadelfia, Pennsylvania 19107 Telefono: (215) 238-1701 ---- TRUE COpy FROM RECORD 111 Tei:imlll1Y whereof, i nilI'll wite ~e!. my hiind ;.m,j the 00ii1 Ii; $<lid Coori at Carlisle, Pa. r";i~ _liifi... ~fYI'::J ,.r/....~ "An -" > } . ,,~.... r: ,~~'-i! - Pr':Jthono!.a tv . , MCCORMICK & PRIORE ATIORNEYS AT LAw Exhibit B MCCORMICK & PRIORE, P.c. ATTORNEYS AT LAw 4 Penn Center Suite 800 1600 JOM F. Kennedy Blvd. Philadelphia.Pa.19103 (215) 972-0161 Fax (215) 972-5580 www.mccormickpriore.com NEW JERSEY omCE ]03 Cmnegte Center Suite 203 Princeton, N,J. 08540 g<>lea;e~;Y to g<>~ (609) 716.9550 Fax (609) 716.8140 July 9,2004 Clyde Bachert Courteous Rentals, Inc. 50 Market Street Lemoyne, PA 17043 Re: Ferster v. Ashley Bachert and Courteous Rentals, Inc. Named Insured: Courteous Rentals, Inc. Date of Loss: August 25, 2000 Our Claim No: 11917 Dear Mr. Bachert: Enclosed please find a copy of a Praecipe to Enter Default Judgment against Courteous Rentals, Inc., which was forwarded to the Court of Common Pleas of Cumberland County on this date. Very truly yours, .k\ ~ C\~h {hMAA- H. Jose;~B;;nYm '1J'- I HJB:ko Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Civil Term Docket No. 04-881 NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: COURTEOUS RENTALS, INC. 50 Market Street Lemoyne, P A 17043 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 McCORMICK & PRIORE Dated: April 28, 2004 I ,-; / ~ BY:='-' '-yIM{O I/l ~'.J..M...AA--.. 1H~ JOS~~k BYR1>N, III, Esquir~ - - 4 Penn Center, Suite 800 ] 600 JFK Boulevard Philadelphia, Pennsylvania ]9103 (215) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs, Legion Insurance Company and The Pennsylvania Property & Casualty Insurance Guaranty Assoc. MCCORMICK & PRIORE AITORNEYS AT LAW COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA AF}'IDA VIT OF NON-MILITARY SERVICE H. Joseph Byron, III, Esquire, being duly sworn according to law, states that he is an attorney with the law firm of McCormick & Priore, attorneys for plaintiffs; that he is authorized to make this affidavit on behalf of plaintiff; and that to the best of his knowledge, information and beliefthe defendant, Courteous Rentals, Inc., is a Pennsylvania corporation with its principle place of business at 50 Market Street, Lemoyne, Pennsylvania 17043; and that this defendant is not and/or would not be in the Military Service ofthe United States, nor any State or Territory thereof, or its allies as defined in the Soldiersl and Sailors' Civil Relief Act of 1940 and the amendments thereto. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. -JLp~~~ ~ Attorney for Plaintiffs Sworn to and subscribed before me this tf" day of July 2004. LL!J.~. Notary Public COUMOHWEALTH OF PENNSYLVANIA Qly~=~ 1 ~Carnmlo.el.. E"I*W MlIy 13, 2lllII MemMr. Penno\'lYMa A....._ 01_.... MCCORMICK & PRIORE ATl'ORNEYS AT LAW t~~~ -:....... CY F t3 ;;; ~J ~ ~ ~ F ~ - IA ::/:::) ~ ~ r~-.' - , . ~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, PA 19103 vs. Docket No. 04-881 Civil Term COURTEOUS RENTALS, INC. 50 Market Street Lemoyne, P A 17043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, PA 17057 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in the above-caption Civil Action for an additional thirty (30) days. McCORMICK & PRIORE By: ~ H. OS H] a, Attorn y I.D No: 423 Attorn for Plaintiff, Legion Insurance Company's Four Penn Oenter, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-0161 Dated: August 5, 2004 MCCORMICK & PRIORE ArroRNEYS AT LAW ......' c::~:, (;;:::> .<0- \.i.~~ C,,.) :""" (.;'j SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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: BACHERT ASHLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 22nd , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 07/22/2004 MCCORMICK & PROIRE So answers :>/' -~/-~k</ R. Thomas Kline Sheriff of Cumberland County -~ Sworn and subscribed to before me this ,Z?!E day of V.ir .2//tJ 'f A.D. rl Lp' o.h~f(..., .~ '- r--t rot onotary -/u, 100 Reed Drive Marysville, PA was sold at Sheriff's sale. The staff at Perry County Sheriff's office knew this and just returned all of the paperwork and did not enter this case into their computer. In The Court of Common Pleas of Cumberland County, Pennsylvania Legion Insurance Company et al vs. Courteous Rentals Inc. et al SERVE: Ashley Bachert 04-881 civil No. Now June 21, 2004 , , r, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being rnade at the request and risk of the Plaintiff. r;~eee<'4'~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and rnade known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VrT $ $ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BACHERT ASHLEY the DEFENDANT , at 0013:00 HOURS, on the 13th day of August , 2004 at 217 W LOCUST ST ENOLA, PA 17025 by handing to ASHLEY BACHERT a true and attested copy of NOTICE together with REINSTATED COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.84 .00 10.00 .00 39.84 r~ ..~~~ R. Thomas Kline 08/16/2004 MCCORMICK & PRIORE Sworn and Subscribed to before me this .~/~r day of Q <A.J .2 0(.)'/ A.D. ~~J't~. o.IrIJ~fl,-..llP~ I.. t',prothonotary r > Brigid a. Alford, Esquire Supreme Court ID #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108-0741 (717) 236-9377 (717) 236-9316 (facsimile transmission) email: briaidalford@att.net LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY : ASSOCIATION, IN THE COURT OF COMMON PLEAS CUMBERLAND' COUNTY, PENNSYLVANIA Plaintiffs NO. 04-881 CIVIL TERM v. COURTESY RENTALS, INC., ASHLEY BACHERT and LORETTA FERSTER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances of Brigid a. Alford, Esquire and Boswell, Tintner, piccola & Alford on behalf of Defendant Ashley Bachert. Respectfully submitted, By: ~ Brigid . Alford, Esq I e Supreme Court 1.0. 8590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Ashley Bachert Date: (Uff"'! O'f CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follow::;: H. Joseph Byron, III, Esquire McCormick & Priore 4 Penn Center - Suite 800 1600 JFK Boulevard Philadelphia, PA 19103 Courteous Rentals, Inc. 50 Market Street Lennoyne, PA 17043 Loretta Ferster 17'15 Flintlock Court Middletown, PA 17057 By: ~t~2. ~ Brigid . Alfofd, quire Date: {OIl'll'" ~ f'_..' C::',) C:::, ...~,. C) ..,.." r,...) Brigid Q. Alford, Esquire Supreme Court lD #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 (facsimile transmission) email: briaidalford@att.net LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-881 CIVIL TERM v. COURTESY RENTALS, INC., ASHLEY BACHERT and LORETTA FERSTER, Defendants NOTICE TO PLEAD TO: Legion Insurance Company Pennsylvania Property & Casualty Insurance Guaranty Association CIO H. Joseph Byron, III, Esquire McCormick & Priore 4 Penn Center - Suite 800 1600 JFK Boulevard Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BOSWELL, TINTNER, PICCOLA & ALFORD By: ~d~Alf~d,~ Date: 101''1101 Brigid Q. Alford, Esquire Supreme Court ID #38590 BOSWEll. TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 (facsimile transmission) email: briaidaiford@att.net LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 04-881 CIVIL TERM v. COURTESY RENTALS, INC., ASHLEY BACHERT and LORETTA FERSTER, Defendants DEFENDANT ASHLEY BACHERT'S ANSWER TO COMPLAINT WITH NEW MATTER Defendant Ashley Bachert, by her attorneys, Brigid a. Alford, Esquire and Boswell, Tintner, Piccola & Alford, answers Plaintiffs' Complaint, a.s follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 1; the same are therefore denied and proof thereof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 2; the same are therefore denied and proof thereof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 3; the same are therefore denied and proof thereof demanded. 4. Admitted. 5. Admitted only that Ashley Bachert is an adult individual. 6. Admitted only that Clyde Bachert is an adult individual; denied that his residence is the same as that of Ashley Bachert. As to thEl averments of ownership and presidency, Defendant Ashley Bachert is without knowledge or information sufficient to form a belief as to the truth of those averments; the same are therefore denied and proof thereof demanded. 7. Admitted that Loretta Ferster is an adult individual, and is the plaintiff in the lawsuit referenced in Paragraph 7 the remaining averments are denied. 8. Admitted. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 9; the same are therefore denied and proof thereof demanded. 10. Denied as stated; the policy at issue speaks for itself. 11. Admitted as to Ashley Bachert; not known as to Courteous Rentals. -2- 12. Denied as stated; the policy at issue speaks for itself. 13. Denied as stated; the policy at issue speaks for itself 14. Denied as stated; the policy at issue speaks for itself 15. Denied as stated; the policy at issue speaks for itself 16. Denied as stated; the policy at issue speaks for itself 17. Denied as stated; the policy at issue speaks for itself 18. Paragraph 18 is a paragraph of incorporation to which no response is required. ANSWER TO COUNT 1- DECLARATORY RELIEF 19. Defendant Ashley Bachert incorporates herein by reference her answers to Paragraphs 1-18, above. 20. Denied; there is no Defendant Linda FerstElr. By way of further answer, Defendant Ashley Bachert avers that she is without knowle,dge or information sufficient to form a belief as to the averments of vehicle ownership; the same are therefore denied and proof thereof demanded. 21. Denied as stated. By way of further answer, Defendant Ashley Bachert incorporates herein by reference the facts alleged within hl3r Answers and other pleadings filed on her behalf in the Philadelphia County Court of Common Pleas action cited by Plaintiff herein in Paragraph 7 of its Complaint. 22. Admitted that, at the time of the accident, Defendant Ashley Bachert was 16 years old and held a properly issued Pennsylvania learner's permit. She is without -3- knowledge or information sufficient to form a belief as to the averments of vehicle ownership; the same are therefore denied and proof thereo'f demanded. 23. Admitted that Clyde Bachert is the father of DE3fendant Ashley Bachert. As to the remaining averments, DefendantAshley Bachert is without knowledge or information sufficient to form a belief as to the averments of vehicle oWnElrship; the same are therefore denied and proof thereof demanded. 24. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 24; the same are therefore denied and proof thereof demanded. 25. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 25; the same are therefore denied and proof thereof demanded. 26. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 26; the same are therefore denied and proof thereof demanded. 27. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 27; the same are therefore denied and proof thereof demanded. 28. Paragraph 28 sets forth a conclusion of law to which no response is required. As to the averments regarding the relationships between Ms. Ferster and Mr. Bachert, those averments are admitted. -4- 29. Admitted that Ms. Bachert was operating the vehicle involved in the accident; the balance of Paragraph 29 is denied. 30. Admitted that Ms. Bachert was operating the vElhicle involved in the accident with her father's knowledge and consent; the balance of Paragraph 30 is denied. 31. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 31 ; the same are therefore denied and proof thereof demanded. 32. Paragraph 32 sets forth a conclusion of law to which no response is required. 33. Admitted that Courteous Rentals, Inc. is a corporation. The balance of Paragraph 33 is denied. 34. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 34; the same are therefore denied and proof thereof demanded. 35. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 35; the same are therefore denied and proof thereof demanded. 36. Defendant is without knowledge or informatiion sufficient to form a belief as to the truth of the averments set forth in Paragraph 36; the same are therefore denied and proof thereof demanded. 37. Paragraph 37 sets forth a conclusion of law to which no response is required. 38. Paragraph 38 sets forth a conclusion of law to which no response is required. -5- WHEREFORE, Defendant Ashley Bachert demands judgment be entered in her favor and against the Plaintiffs, and that the Plaintiffs' claim for declaratory relief be denied in its entirety. NEW MATTER 39. Plaintiffs fail to set forth a claim upon which relief can be granted. 40. The applicable statute of limitations may serve to bar all or part of Plaintiffs' claims. 41. The doctrines of estoppel and waiver may selve to bar all or part of Plaintiffs' claims. 42. Defendant Ashley Bachert incorporates herein by reference any and all averments of New Matter set forth within her Answer to the pleadings filed by Loretta Ferster in the Philadelphia County Court of Common PiE~as action cited by Plaintiffs in Paragraph 7 of their Complaint. WHEREFORE, Defendant Ashley Bachert demands judgment be entered in her favor and against the Plaintiffs, and that the Plaintiffs' claim for declaratory relief be denied in its entirety. Respectfully submitted, By: ~i.r Brigid Q. Iford, quiI' Supreme Court ID #38 0 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Defendant Ashley Bachert Date: 1,,1/,< (0'/ VERIFICATION Brigid O. Alford, Esquire, being duly sworn according to law, deposes and says that she is the attorney for Defendant Ashley Bachert; that said Defendant Bachert cannot rnake the verification to the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter because Defendant Bachert's verification cannot Ibe obtained within the time allowed for filing, and that the facts set forth in the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter are true and correct upon her personal knowledge, information and belief. Lb..;'.L ~ ~. Brigid O.DAlford, Esq e Date: (0(1'-/101 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Defendant's Answer to Plaintiffs' Complaint with New MattElr by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: H. Joseph Byron, III, Esquire McCormick & Priore 4 Penn Center - Suite 800 1600 JFK Boulevard Philadelphia, PA 19103 Courlteous Rentals, Inc. 50 Market Street Lemoyne, PA 17043 Loretta Ferster 1715 Flintlock Court Middletown, PA 17057 t-f>>;. Jj.0 .2 - fJ1f=. Brigid a. Alf d, Esq~ire Date: ( '(1,//01 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 Civil Term PLAINTIFFS' REPLY TO DEFENDANT. LORETTA FERSTER'S. NEW MATTER 39. The averment set forth in paragraph 39 of defendant's answer with new matter constitutes a conclusion of law which, therefore, is deemed under the Rules to be denied. 40. The averment set forth in paragraph 40 of defendant's answer with new matter constitutes a conclusion oflaw which, therefore, is deemed under the Rules to be denied. 41. The averment set forth in paragraph 41 of defendant's answer with new matter constitutes a conclusion of law which, therefore, is deemed under the Rules to be denied. WHEREFORE, plaintiffs, Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, respectfully demand that the declaratory relief prayed for in their complaint in this action be granted. McCORMICK & PRIORE Date: October 21, 2004 By: H. JO E H RON, Atto I.D. No: 423 Attorneys for Plaintiff, Legion Insurance Company Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-0161 -1- MCCORMICK & PRIORE AITORNEYS AT LAW CERTIFICATION OF SERVICE H. Joseph Byron, III, Esquire hereby certifies that I am attorney for the plaintiff in the within action; that I am duly authorized to make this certification; and that on the day of October, 2004, I did cause a true and correct copy of Plaintiffs' Reply to Defendant, Loretta Ferster's New Matter to be forwarded by first-class United States mail to counsel, addressed as follows: Bridgid Alford, Esquire 315 North Front Street P.O. Box 741 Harrisburg, PA 17108 Robyn Goldenberg, Esquire One Liberty Place - 34th Floor 1650 Market Street Philadelphia, PA 19103 Clyde Bachert 100 Reed Drive Marysville, P A 17053 By: MCCORMICK & PRIORE ArroRNEYs AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 Civil Term PLAINTIFFS' REPLY TO DEFENDANT. ASHLEY BACHERT'S. NEW MATTER 39. The averment set forth in paragraph 39 of defendant's answer with new matter constitutes a conclusion oflaw which, therefore, is deemed under the Rules to be denied. 40. The averment set forth in paragraph 40 of defendant's answer with new matter constitutes a conclusion of law which, therefore, is deemed under the Rules to be denied. 41. The averment set forth in paragraph 41 of defendant's answer with new matter constitutes a conclusion of law which, therefore, is deemed under the Rules to be denied. 42. To the extent that any averment in the Answer with New Matter referenced in this paragraph sets forth allegations offact contrary to the factual averments in plaintiffs complaint in this action said averments are denied and proof thereof is demanded at the time of trial. Further, as to and to the extent that defendant's incorporated pleading sets forth additional facts not plead or referenced in plaintiffs complaint, plaintiff states that, after reasonable investigation, it lacks sufficient knowledge or information to form a belief as to said averments which, therefore, are also denied. Finally, as to and to the extent that defendant's incorporated pleading sets forth allegations which constitute conclusions oflaw, said averments are deemed -1- MCCoRMICK & PRIORE AITORNEYS AT LAw denied under the Rules. WHEREFORE, plaintiffs, Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, respectfully demand that the declaratory relief prayed for in their complaint in this action be granted. McCORMICK & PRIORE By:_ -l-, h~_ H.JO E H RON~ Atto y .D. No: 42323 Attorneys for Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 972-0161 Dated: October 21, 2004 -2- MCCORMICK & PRIORE ArroRNEYS AT LAw CERTIFICATION OF SERVICE H. Joseph Byron, III, Esquire hereby certifies that I am attorney for the plaintiff in the within action; that I am duly authorized to make this certification; and that on the day of October, 2004, I did cause a true and correct copy of Plaintiffs' Reply to Defendant, Ashley Bachert's New Matter to be forwarded by first-class United States mail to counsel, addressed as follows: Bridgid Alford, Esquire 315 North Front Street P.O. Box 741 Harrisburg, PAl 71 08 Robyn Goldenberg, Esquire One Liberty Place - 34th Floor 1650 Market Street Philadelphia, PA 19103 Clyde Bachert 100 Reed Drive Marysville, PA 17053 By: MCCORMICK & PRIORE ArroRNEYs AT LAW Brigid Q. Alford, Esquire Supreme Court 10 #38590 BOSWEll, TINTNER. PICCOLA & ALFORD 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (717) 236-9316 (facsimile transmission) email: briaidalford@att.net LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY : ASSOCIATION, IN THE COUIRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 04-881 CIVIL TERM COURTESY RENTALS, INC., ASHLEY BACHERT and LORETTA FERSTER, Defendants PRAECIPE TO SUBSTITUTE VERIIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Attorney's Verification filed with Defendant Ashley Bachert's Answer to Plaintiff's Complaint with New Matter filed on or about September 3,2004. Respectfully submitted, Date: {D/,)&I/o1 By: < ./J~ Brigid . Alford,~ Supreme Court 1.0. #38590 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street, P.O. Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for DSifendant Ashley Bachert VERIFICATION I, Ashley Bachert, hereby verify that the facts contained in the foregoing Answer to Plaintiffs' Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. ~~.A1~~ ~ A hley Babttef( Dale: /c/zI2D:J1 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to Substitute Verification by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: H. Joseph Byron, III, Esquire McCormick & Priore 4 Penn Center - Suite 800 1600 JFK Boulevard Philadelphia, PA 19103 Courteous Rentals, Inc. 50 Market Street Lemoyne, PA 17043 Loretta Ferster 17'15 Flintlock Court Middletown, PA 17057 By: ~2~ Brigid ,Alford; Es ire Date: (Ol)..q(ot 0 ~ 0 c." ~.;. <:;;.:> -n _l'~ ,.t: ~- .-\ ~ ,>. / .,f""'" :"C-~ , i c:> rl1F: ....::: ". I -n i'11 r " :~ .' :.:-JO " ob r:', ~ "J;'~~f <. -0 ~~~;_~ Ii.. 'J ::J:; <:)0 p(~-. c....:> tjrf1 -'~ ..A .~.~.. ~.,."~ --' t') :.0 -(, 0.... -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYL VANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETT A FERSTER Docket No. 04-881 PLAINTIFFS' MOTION TO COMPI~L THE DEPOSITION OF DEFENDANT. LORETTA FERSTER Plaintiffs, Legion Insurance Company ("Legion") and the Pennsylvania Property & Casualty Insurance Guaranty Association ("PP&CIGA"), by and through their attorneys, McCormick & Priore, hereby move this Honorable Court for an Order compelling the deposition of defendant, Loretta Ferster, and in support thereof avers as follows: 1. This is a declaratory judgment action which arises in connection with the matter of Ferster v. Courteous Rentals. et aI., C.c.P. Phila. Co., October Term, No 3474. an action for personal injuries allegedly sustained by plaintiff/defendant, Loretta Ferster, as the result ofan August 25,2000 motor vehicle accident. 2. The underlying Ferster action and this declaratory judgment action are not consolidated. 3. The depositions of defendant, Loretta F erster. Clyde Bachert (Courteous Rentals), and Ashley Bachert were previously noticed in connection with this declaratory judgment action for Thursday, February 24, 2005. MCCORMICK & PRIORE ArroRNEYS AT LAw 4. The February 24,2005 depositions were cancelled, however. at the request of Robin Goldenberg, plaintiff s counsel for Loretta F erster in the F erster matter, so that the depositions could be scheduled to take place in this declaratory judgment action and the underlying Ferster action at the same time as Ms. Goldenberg objected to producing Ms. Ferster for two depositions. 5. The undersigned was further informed by Attorney Goldenberg that Ms. Ferster would not be permitted to answer questions at a deposition in this declaratory judgment action that might impact her claims in the Ferster action unless all counsel in both actions had an opportunity to participate in Ms. Ferster's deposition. 6. It is believed and, therefore, averred that as of the filing of this Motion to Compel, no efforts have been undertaken to arrange for the deposition of Ms. Ferster in the Ferster action and, despite repeated efforts by the undersigned to reschedule Ms. Ferster's deposition in this declaratory judgment action, Attorney Goldenberg has refused to cooperate in this regard. 7. Additionally, based on prior representations of counsel, it is believed and, therefore, averred that Ms. Goldenberg will attempt to restrict the scope of any examination of Loretta Ferster in any deposition conducted in this declaratory judgment action if she believes that the questioning and/or Ms. Ferster's testimony will have an affect on plaintiffs claims in the Ferster action and/or cover areas on which Ms. Ferster may be deposed at a later date in the Ferster action. 8. The consolidation of this declaratory judgment action with the underlying F erster action would be improper. 9. Plaintiffs have a right under the Rule of Civil Procedure to Ms. Ferster's deposition in connection with this declaratory judgment action. -2- MCCORMICK & PRIORE ArroRNEYs AT LAw 10. Ms. Ferster cannot refuse to appear for a deposition in connection with this case on the pretext of giving a deposition at a later date in this case and the underlying Ferster action at the same time and then refuse in all efforts to schedule that "joint" deposition. 11. Loretta Ferster's failure to submit to a deposition in this declaratory judgment action has and continues to prejudice plaintiffs in this matter. 12. Loretta Ferster should be compelled to appear for a deposition in this case and required to answer any and all questions within the scope of discovery pennitted under the Pennsylvania Rules of Civil Procedure without regard to the fact that she may also be deposed at a later date in connection with the Ferster action. WHEREFORE, plaintiffs, Legion Insurance Company and the Pennsylvania Property & Casualty Insurance Guaranty Association, respectfully request that this Court order the defendant, Loretta Ferster, to appear for a deposition in this declaratory judgment action and give testimony, without regard to the fact that she may be deposed at a later date in the Ferster action, within thirty (30) days of the date of this Order or suffer sanctions upon further application to this Court. McCORMICK & PRIORE BY: -3- MCCORMICK & PRlORE ArroRNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT. LORETTA FERSTER This declaratory judgment action involves coverage issues in connection with an August 25, 2000 motor vehicle accident. The defendant, Loretta Ferster, was allegedly injured in that accident and is the plaintiffin the matter of Ferster v. Courteous Rentals, Inc., et al., which is pending in the Philadelphia Court of Common Pleas at October Term 2003, No. 3474. The depositions of all the defendants in this case, including Ms. Ferster, were previously noticed for February 24, 2005. At the request of plaintiff s attomey in the underlying Ferster case, however, those depositions were cancelled so that they could all be scheduled to take place in this case and in the underlying Ferster case at the same time. The cases are not consolidated. The undersigned was advised at that time by Ms. Ferster's attorney that ifhe chose to proceed with Ms. Ferster's deposition in this case, Ms. Ferster would not be pernlitted to answer any questions that might also be the subject of Ms. Ferster's deposition in the Ferster case. Rule 4007.1 of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, as follows: MCCORMICK & PRIORE AITORNEYS AT LAw (a) A party desiring to take the deposition of any person ltpOn oral examination shall give reasonable notice in writing to every other party to the action, except that no notice need be given a defendant who was served by publication and has not appeared in the action. A party noticed to be deposed shall be required to appear without subpoena. Ms. Ferster's February 24, 2005 deposition was properly noticed. Thereafter, plaintiffs herein agreed to the cancellation of her deposition so that an effort could be made, for the convenience of Ms. Ferster and her attorney, to schedule her deposition so that it could be taken in this case and in the underlying Ferster personal injury action at the same time. Since then, counsel for plaintiffs herein has attempted unsuccessfully to obtain dates from Ms. Ferster's attorney for purposes ofrescheduling Ms. Ferster's deposition, but counsel refuses to cooperate in this regard and, to date, will not provide dates for purposes ofrescheduling Ms. Ferster's deposition. Note, also, that the undersigned has not unilaterally noticed Ms. Ferster for deposition in this case given counsel's refusal to cooperate because of the prior representation that, if Ms. Fersterwas deposed separately in this case, the scope of her deposition would be limited by her attorney. Counsel for Ms. Ferster cannot insist on producing Ms. Ferster for only one deposition in two separate actions and then refuse to cooperate with scheduling efforts in this regard. Plaintiffs wish to move forward with this declaratory judgment action and should not be restricted in their efforts in this regard by efforts, or the lack thereof, to conduct and complete discovery in a separate lawsuit. The fact that Ms. Ferster may also be required to give a deposition at a later date in her own personal injury action is no justification for refusing to give a deposition in this separate declaratory judgment action nor is it proper grounds for limiting the scope of Ms. Ferster's deposition in this case. -2- MCCORMICK & PmORE ArroRNEYs AT LAw For these reasons, plaintiffs respectfully request that this Court order the defendant, Loretta Ferster, to appear for a deposition in this case in confonnity with the applicable state and local rules of civil procedure and to testify without any limitation associated with the fact that she may be required at a later date to give a deposition in the underlying F erster personal injury action. McCORMICK & !'RIORE BY: 4 Penn Center, Suite 800 1600 JFK Boulevard Philadelphia, Pennsylvania 19103 (215) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs -3- MCCORMICK & PRIORE ArroRNEYS AT LAW VERIFICATiON I, H. Joseph Byron, III, Esquire state that I am an attorney with the law firm of McCormick & Priore, attorneys for plaintiff herein, Legion Insurance Company and that the statements made in the Motion to Compel Deposition of Loretta F erster are true and correct to the best of my knowledge, information and belief. MCCoRMICK & PmORE ATTORNEYS AT LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETT A FERSTER Docket No. 04-881 CERTIFICATION OF SERVICE H. Joseph Byron, III, Esquire hereby certifies that he is attorney for plaintiffs in the within declaratory judgment action and that on the (p(V day of July, 2005, he did cause a true and correct copy ofthe attached Motion to Compel the Deposition of Defendant. Loretta Ferster to be forwarded by first-class United States mail addressed as follows: Brigid Alford, Esquire 315 North Front Street P. O. Box 741 Harrisburg, P A 17108 Edward Tuite, Esquire Marshall, Dennehey, Warner & Goggin 1845 Walnut Street Philadelphia, PA 19103-4797 Robyn Goldenberg, Esquire One Liberty Place _34'h Floor 1650 Market Street Philadelphia, PA 19103 J. David Byerly, Esquire Campbell, Edwards & Conroy, P.c. Three Glenhardie Corporate Center 1265 Drummers Lane, Suite 200 Wayne, PA 19087 Courteous Rentals, Inc. 50 Market Street Lemoyne, P A 17043 McCORMICK & PRIORE BY: , Esquire IfTs 4 Penn Center, Suite 800 1600 JFK Boulevard Philadelphia, Pennsylvania 19103 (215) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs MCCORMICK & PmORE ArroRNEYS AT LAW o C' ,-> ~ = c..r' <.- c- \~ < :2. - t.>) -Q ,.....:""" f':'? ("',:) 0) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETT A FERSTER Docket No. 04-881 ORDER AND NOW, this_dayof ,2005, upon consideration of plaintiffs' Motion to Compel the deposition of Loretta Ferster, and any response thereto, it is hereby ORDERED and DECREED that said motion is hereby GRANTED. It is further ORDERED that the defendant, Loretta Ferster, shall appear for deposition in this action within thirty (30) days ofthe date of this Order or suffer sanctions upon further application to this Court. It is further ORDERED that it shall not be grounds for objection at said deposition that the questioning may be the subject of a later deposition in the underlying Ferster personal injury action or that Ms. Ferster's answers may adversely affect her personal injury claim(s). BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIA nON vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 ORDER AND NOW, this _ dayof , 2005. upon consideration of plaintiffs' Motion to Compel the deposition of Loretta Ferster, and any response thereto, it is hereby ORDERED and DECREED that said motion is hereby GRANTED. It is further ORDERED that the defendant, Loretta Ferster, shall appear for deposition in this action within thirty (30) days of the date of this Order or suffer sanctions upon further application to this Court. It is further ORDERED that it shall not be grounds for objection at said deposition that the questioning may be the subject of a later deposition in the underlying Ferster personal injury action or that Ms. Ferster's answers may adversely affect her personal injury c1aim(s). BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY : PENNSYL VANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 ORDER AND NOW, this_dayof ,2005, upon consideration of plaintiffs' Motion to Compel the deposition of Loretta Ferster, and any response thereto, it is hereby ORDERED and DECREED that said motion is hereby GRANTED. It is further ORDERED that the defendant, Loretta Ferster, shall appear for deposition in this action within thirty (30) days ofthe date of this Order or suffer sanctions upon further application to this Court. It is further ORDERED that it shall not be grounds for objection at said deposition that the questioning may be the subject of a later deposition in the lmderlying Ferster personal injury action or that Ms. Ferster's answers may adversely affect her personal injury claim(s). BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 ORDER ANDNOW,this_dayof ,2005, upon consideration of plaintiffs' Motion to Compel the deposition of Loretta Ferster, and any response thereto, it is hereby ORDERED and DECREED that said motion is hereby GRANTED. It is further ORDERED that the defendant, Loretta Ferster, shall appear for deposition in this action within thirty (30) days of the date of this Order or suffer sanctions upon further application to this Court. It is further ORDERED that it shall not be grounds for objection at said deposition that the questioning may be the subject of a later deposition in the underlying Ferster personal injury action or that Ms. Ferster's answers may adversely affect her personal injury claim(s). BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYL VANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 ORDER AND NOW, this dayof ,2005, upon consideration of plaintiffs' Motion to Compel the deposition of Loretta Ferster, and any response thereto, it is hereby ORDERED and DECREED that said motion is hereby GRANTED. It is further ORDERED that the defendant, Loretta Ferster, shall appear for deposition in this action within thirty (30) days of the date ofthis Order or suffer sanctions upon further application to this Court. It is further ORDERED that it shall not be grOlmds for objection at said deposition that the questioning may be the subject of a later deposition in the underlying Ferster personal injury action or that Ms. Ferster's answers may adversely affect her personal injury claim(s). BY THE COURT: J. LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-881 CIVIL vs. COURTEOUS RENTALS, INC., ASHLEY BACHERT, and LORETTA FERSTER, Defendants IN RE: PLAINTIFFS' MOTION TO COMPEL ORDER AND NOW, this I ~. day of July, 2005, a brief argument on the within motion to compel is set for Thursday, September 8, 2005, at 3:45 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, .",courteous Rentals, Inc. flbin Goldenberg, Esquire XDavid Byerly, Esquire .A3dward Tuite, Esquire flrigid Alford, Esquire For the Defendants J .,4J. A'- Joseph Byron, III, Esquire For the Plaintiffs :rlm "1.,r!X\;.";\-1 \C:i\'I\:~r,1 t I ~ I('~i""_:-'" f ,,- , '.:>~'Mnl""\ 1\..'-1\: :!,_' ""'~I 1\..1 SO :2 ~Jd 81 lnrsooz AHvl0i\OHJ.Od:l 3Hl :10 3::1i3:'O-0311:1 ! H .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYL VANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIA nON vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No 04-881 PLAINTIFFS' PRAECIPE TO WITHDRAW MOTION TO COMPEL THE DEPOSITION OF DEFENDANT. LORETTA FERSTER TO THE PROTHONOTARY: Kindly mark plaintiffs Motion to Compel the Deposition of Defendant, Loretta Ferster, in this matter as "WJTHDRA WN." McCORMICK & PRIORE BY: , Esquire ffs Dated: July 28, 2005 MCCORMICK & PRIORE AITORNEYS AT LAw .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY: PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. COURTEOUS RENTALS, INC. and ASHLEY BACHERT and LORETTA FERSTER Docket No. 04-881 CERTIFICATION OF SERVICE H. Joseph Byron, III, Esquire hereby certifIes that he is the attorney for plaintiffs in the within declaratory judgment action and that on the 28th day of July, 2005, he did cause a true and correct copy of the attached Praecipe to Withdraw Motion to Compel the Deposition of Defendant, Loretta Ferster to be fOlwarded by first-class United States mail addressed as follows: Robyn Goldenberg, Esquire One Liberty Place _34th Floor 1650 Market Street Philadelphia, P A 19103 Brigid Alford, Esquire 315 North Front Street P. O. Box 741 Harrisburg, P A 17108 Courteous Rentals, Inc. 50 Market Street Lemoyne, PA 17043 4 Penn Center, Suite 800 1600 JFK Boulevard Philadelphia, Pennsylvania 19103 (215) 972-0161 (215) 972-5580 Fax Attorneys for Plaintiffs MCCORMICK & PRIORE ArroRNEYS AT LAW , " " . :',j,;,~ ,,"'H!P '!^~W,,"'"". ,.. ..... r-...., ~) C) Co:) -n c.:.,n "":::c,. :;i (:'.:: '. C-) ;"11 I f'_) ~--,.< LG .~ en c:::- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYL VANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION vs. DOCKET NO. 04-881 COURTEOUS RENTALS, INC., ASHLEY BACHERT and LORETTA FERSTER PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Loretta Ferster, in connection with the above-captioned matter. l J\ ./ / LA W or~ C.T}I;AUCHARD P. HAAZ BY: . // RICH !f HAAZ Atto y LD. No. 28491 1845 Walnut Street, Suite 610 Philadelphia, P A 19103 (215) 985-9699 SEIKEN, RUBIN & ASSOCIATES M. SEIKEN tto ey LD. No. 31650 1 5 Walnut Street, Suite 610 hiladelphia, P A 19103 (215) 567-2300 '" c~-:,., = 0' () '1 --I I-n :-l1p \?3 --<: V -,,"" ...-0:"'" (.-.) {';:) -.! " .,) 1Ill" SHERIFF'S RETURN - OUT OF COUNTY )' CASE NO: 2004-00881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY PA VS COURTEOUS RENTALS INC 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 WITNESS , to wit: BACHERT CLYDE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within SUBPOENA On May 9th , 2006 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County Postage 18.00 9.00 10.00 24.00 .78 61.78 05/09/2006 MCCORMICK & s~,e . ~, /-~'--..-~-:--:;;:~ . ~....--"~.- ~ .- R. Thomas Kline Sheriff of Cumberland County PRIORE Sworn and subscribed to before me this If +t.... day of ~ :Jd ~1ry ...\" .~ \~~ ~Ne. t>..~ ~ ~ - ~e.~'("I~ do..\<. ~~ fY1\o..~ ~ tn The Court of Common Pleas of Cumberland County, Pennsylvania Legion Insurance Company et al .. . VS. Courteous Rentals Inc et al SERVE: Clyde Bachert No. 04-881 civil Now, May 3, 2006 , r, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .. r~~V"~~ Sheriff of Cum berland County, P A Affidavit of Service Now, May 5 , 20~ at 3:05 o'clock P. M. served the vvithin Subpoena & Notice of Taking Deposition upon Clyde Bachert at 1130 Chambersburg Road, Gettysburg, PA 17325 by handing to Clyde Bachert a copy of the original Subpoena & Notice and made known to Clyde Bachert the contents thereof. Jonathan Bankert Sworn and subscribed before methis_dayof N/A ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ 18.00 6.00 $ 24.00 RI. 5/8/a:i -"-' " .. ,J ',' U v ,1 j \1 .J'_~ (' ._;_-"U..J,J.) , C" \-I. h I V" up Or....:o \I '1- ,\",; ';W;t. "--"_.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION LEGION INSURANCE COMPANY PENNSYLVANIA PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION One Logan Square Philadelphia, P A 19103 vs. COURTEoes RENTALS, INC. 50 Market Street Lemoyne, P A 17043 and ASHLEY BACHERT 100 Reed Drive Marysville, P A 17053 and LORETTA FERSTER 1715 Flintlock Court Middletown, P A 17057 Docket No. 04-881 Civil Term PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-referenced declaratory judgment action "discontinued." Dated: November 3,2006 McCORMICK & PRIORE By: H.JOS Attorn J.D. No: 42 3 Attorneys for Plaintiff, Legion Insurance Company's Four Penn Center, Suite 800 1600 John F. Kennedy Boulevard Philadelphia, P A 19103 (215) 972-0161 MCCORMICK & PRIORE ATTORNEYS AT LAW --------- ---------- ~ =~ {.~ c,;;- - .,ro...- {~ -..i-_'::;'" \ 0'1 Q. .-\ -'(.-1" \'I\C, t-) I':~ -~ ,::.< -0 :~fA , . ...-." ~ ,,-'-' .1'>' ~E: r:-? c1'l \.P