Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-5520
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM OF/6 7/0 9 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D 9, Sd ?v NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. --b 2 70r 3 vs --eaGPs-0 9 1)4 ' , V Ca"t q This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE &APPE AL. so-(- of RON-y-DSPW PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appelf"(s) appellee(s), to file a complaint in this appeal (Common Pleas No. CI _ ?? ?p ) within twenty (20) days er service of rule or suffer entry of judgment of non pros. Signature of -anw wy or agent RULE: To , appellee(s) me of appaWs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .7 , 20 (? 9 s - ,. Signature f Proftnotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF , ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 ;0 V r Ct,y COMMONWEALTH OF PENNSYLVANIA` . rni iniTV nC'• CUMBERI&M Mag. Dist. MDJ Name: Hon. 09-2-02 JESSICA BRENBAEER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717) 240-6564 17013 NOTICE OF JUDGMENT/TRANSCRIPT M,a,w RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rORR, PAUL 6e DARLENE 50 EAST HIGH ST C/O PAUL BRADFORD ORR,ESQ LGARLISLE, PA 17013 J VS. DEFENDANT: NAME and ADDRESS rPINTYA, MIKE, ET AL., 612 N HANOVER ST CARLISLE, PA 17013 ALLISON MURRAY L J 612 N HANOVER ST Docket No.: LT-0000205-09 CARLISLE, PA 17013 Date Filed: 7/02/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ORR, PAUL & DARLENE Judgment was entered against PINTYA, MIKE in a 0 Landlord/Tenant action in the amount of $ 3,570.25 on 7114/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 885 , 00. The total amount of the Security Deposit is $ 885.00 Total Amount Established bj MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 3, 35.00-$ . 0 = $ 3,435.00 Physical Damages Leasehold Property $ .00-$ . 00= $ .00 Damages/Unjust Detention $ -no -$ _0 0- $ _ 00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ _nn L/T Judgment Amount $ 301435-00 ? Attachment Prohibited/ Judgment Costs $ 135,25 42 Pa.C.S. § 8127 *LEASE ENDS Attorney Fees $ -00 ? This case dismissed without prejudice.E CTIVE 7/31/09rotal Judgment $ 3,570.25 AND ACCORDING ? Possession granted. PLAINTIFF, Post Judgment Credits $ NOT BE Post Judgment Costs $ Fil Ce "fi dgment Total $ Possession granted if mo udgment is no sa Is le y eviction. ? Possession not granted,, efendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. T7 14)(-A Date Qi6t6-", Magisterial District Judge rtl y at t is is a true an Corr ct copy o the record o the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012. SEAL AO PC 315A-08 PAUL AND DARLENE ORR Plaintiff V. ALLISON MURRAY, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09 - .r d--" CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow ALLISON MURRAY to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. G ? Date: U ?7 ??jgof Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 Zi?09 A Ei? l.rt r r t`r?, postal Service,. !TIFIFD MAILTM RECEIF I ".TM cc Er- M Postage $ f i i" :? ? ru Certified Fee Z. . :. •, J Po?? C3 C3 Return Receipt Fee (Endorsement Required) ?• 0 i Fjer?% i c? O C3 Restricted Delivery Fee (Endorsement Required) !j C? ?? '??j,? •_ . r. Total Postage & Fees $ `.A ? \ ?. ._ rU Sent To i^'• V ------ ------------------- Street, Apt No.: S ?. or PO Box No. 6 r - ---- f ?t s? • IyQKOIId M1 Cify, State, ZIP+4 if _ n a-4 17 r'- tL'?L31?' 0 Er ? Postage $ / T f? Certified Fee ti Postmark p0 Return Receipt Fee /./C) (Endorsement Required) -H°tv? O Restricted Delivery Fee (Endorsement Required) 4, ? C%i> rl- Total Postage & Fees $ rU S To c''f 'awl Ollhr(?ct Orr' 1-- -------- or-t ? Street, Apt. No.l ? - f°-&.Yw ------ i --------------- - O or PO Box No. Z--1-P-+- --- ' ----(I- t----------------------------------- City, State, -- S e PA ' -7 ®1 z, PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALCOUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served of ^4-51,0 all" a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) f 7 20? by personal service Lrby (certified) (rd4iq wd) mail, sender's receipt attache hereto, and upon the appellee, (name) on r 7 20_?Of ? by personal service U'by (certified) (re is d) rr ° I, sen ,s receipt attached hereto. C7 ..r (SWORN) FFIRMED)AND S BSCRIB D BEFORE ME t G-3 rn_ THIS DAY OF , 2009 natc 0i Signature of olfic? alb fo whom affida if was made Title of official My commission expires on v ?A 7 20 NOTARIAL.SM PROTHONOTARY, NOTARY PUBLIC CA JS{.E CUMBERtANO COUNTY WL WHOUSE `Ct)MMISSION E)O?IRES JAN*Y4, 2010 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 0-A' -7101 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 4 9 - -'!r! p2 v NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. --b i?di3 OF -711541d t I C?? A , f'2? e !).cAZ4U--P . lhe,& &^-. . -/I. ACZJ11 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. so-fun of Roear wy a Do" If appellant was//?laimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon A1, 44 / 4ri- 11 appellee(s), to file a complaint in this appeal Name of appeflse(s) (Common Pleas No. ®C . within twenty (20) days er service of rule or suffer entry of judgment of non pros. F / Signature o/ RULE: To ?d4 , appellee(s) t oratbmey or agent me a ee s (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by.persQnal service or by certified or registered mail. (2) If yolydo J p6t . file a aor oin' tMithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 3 T e• date bf serviceof this ' ` y O ? if,'service was by mail is the date of the mailing. Date: 'y ? 20? Drf ?lkLE • li 6 `F ' .1 A 7? Y STgnatTire?fProtlronotary ? DWW YOU IIIIWS INCLUDE.-A COPY OW THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: Patrick C. Lamb, Esquire Anne R. Myers, Esquire ylambna,mooclaw.com; amyers(a?mooclaw com ATTORNEY I.D. NOS. 70817/201900 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PENNSYLVANIA 19103 (215) 564-6688 (tel) (215) 564-2526 (fax) Empire Fire and Marine Ins. Co. as subrogree of Kuntz & Son, Inc. Plaintiff, V. Patricio Leon and Ribbs Trucking Defendants. Empire Fire and Marine Ins. Co. as subrogree of Kuntz & Son, Inc. Plaintiff, V. Ribbs Trucking and Defendants, . ATTORNEYS FOR DEFENDANT, GREENWICH INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-2216 CIVIL TERM CIVIL ACTION COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-4474 CIVIL TERM Greenwich Insurance Co. Garnishee. CIVIL ACTION DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Greenwich Insurance Co. ("Defendant Greenwich Insurance"), by and through its undersigned attorneys, Marks, O'Neill, O'Brien & Courtney, P.C., hereby responds to Plaintiff Empire Fire and Marine Insurance Co.'s ("Plaintiff Empire Insurance") Motion to Compel All DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pa e 1 of 19 {PH300226.1} Defendants to Answer Plaintiff's Requests for Production of Documents and First Set of Interrogatories [sic].1 A. Response in Brief Defendant Greenwich Insurance answered Plaintiff Empire Insurance's Request for Production of Documents within the time frame agreed upon between the parties. In response, Defendant Greenwich Insurance provided a copy of every single responsive documents in its claim adjuster's file with regard the requests for production that Plaintiff seeks to enforce through its motion to compel. Without a single telephone call to counsel, as required by the rules of this Court, Plaintiff Empire Insurance filed its Motion to Compel claiming that Defendant Greenwich Insurance "has failed to completely response to the following requests 1, 4, 5, 9, 22, 32, 35, 36, and 37" and has filed a motion to compel more complete and unconditional responses and for sanctions. Even after a teleconference in which Defendant Greenwich Insurance, in Response to Plaintiff's Motion to Compel, stated it produced every responsive document to the Interrogatories challenged in Plaintiff's Motion to Compel, and promised to supplement as other documents were uncovered, Plaintiff Empire Insurance insisted on going forward with its Motion to Compel. Plaintiff Empire Insurance's Motion to Compel should be denied as fruitless because Defendant Greenwich Insurance has produced every known document-in its claim adjuster's file-responsive to Plaintiff Empire Insurance's requests 1, 4, 5, 9, 22, 32, 35, 36, and 37 and has 1 Plaintiff's Motion to Compel appears to be misnamed. Plaintiff has only made issue of Defendant Greenwich Insurance's responses to requests for production nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37, in the text of Plaintiff's Motion to Compel. No interrogatories were served along side the Request for Production of Documents, at issue in the text of Plaintiff's motion to compel. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pace 2 of 19 {PH300226.11 promised to supplement its response to Plaintiff Empire Insurance's Request for Production of Documents if and when other responsive documents are found. See Defendant Greenwich Insurance Defendant Greenwich Insurance's Responses to Plaintiff s Request for Production of Documents, and documents at Greenwich 00001-00095 provided in response, attached and incorporated as Exhibit E, at Paragraph 12, Page 3 of 23 ("The following answers are based upon Greenwich's current knowledge. Additional information may be in documents that Greenwich has not yet received and or reviewed, or with witnesses that Greenwich have not yet interviewed and or deposed. As a result, Greenwich reserve the right to supplement their responses to Plaintiffs' Requests, in conformity with Pa.R.C.P. No. 4007.4."). As a result, Plaintiff's motion to compel and for sanctions should be denied as fruitless and excessive for all the reasons set forth below. B. Background Facts Defendant Greenwich Insurance issued a single insurance policy-Policy No. AE00017592-to Ribb's Trucking, for the period 12/01/04 to 12/01/05. On 8/11/2006, Ribb's Trucking and Plaintiff Empire Insurance's insured, Kuntz & Son, Inc., were involved in a motor vehicle accident causing Kuntz & Son, Inc. $62,313.00 in damages. Greenwich Insurance refused coverage for the damage suffered by any party, in the 8/11/2006 accident, as it fell outside the policy period for Policy No. AE00017592. Empire Insurance paid its insured, Kuntz & Son, Inc., $62,313.00 for the damages Kuntz & Son, Inc. suffered. In the above captioned matters Plaintiff Empire Insurance seeks to execute a judgment against Patricio Leon and Ribb's Trucking by attaching the proceeds from Greenwich Insurance Policy No. AE00017592 arguing that the rules and regulations promulgated by the Federal Motor Carrier Safety Administration, in conformity with the Federal Motor Vehicle Carrier DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pace 3 of 19 {PH300226.1} Safety Act, require Greenwich Insurance to cover the loss suffered by Kuntz & Son without regard to whether or not the liability insurance policy that Greenwich Insurance issued to Ribb's Trucking had expired. C. Admissions and Denials 1. Defendant Greenwich Insurance admits that on or about April 8, 2008, Plaintiff Empire Insurance filed a complaint, in Case No. 08-2216 against Defendants Patricia Leon and Ribb's Trucking and after judgment issued a writ of garnishment against a policy of insurance, Policy No. AE00017592, issued by Greenwich Insurance for the period 12/01/04-12/01/05. In addition, Plaintiff Empire Insurance filed a second action before this court, on August 13, 2008, in Case No. 08-4474, a declaratory judgment action, alleging that Plaintiff Empire Insurance is entitled to the proceeds of Greenwich Insurance Policy No. AE00017592 under the rules and regulations promulgated by the Federal Motor Carrier Safety Administration, in conformity with the Federal Motor Vehicle Carrier Safety Act because Greenwich Insurance Policy No. AE00017592 amounts to a MCS-90 type endorsement. See Writ of Garnishment, Case No. 08- 2216 and Complaint, Case No. 08-4474, attached and incorporated as Exhibits A and B, respectively. 2. Defendant Greenwich Insurance admits that on or about June 3, 2009, Plaintiff Empire Insurance served Defendant Greenwich Insurance with Plaintiff's Request for Production of Documents Directed to All Defendants and Garnishee ("Empire Fire and Marine's Request for Production of Documents"), under the caption for both Case No. 08-2216 and Case No. 08-4474. See Plaintiff Empire Insurance's Request for Production of Documents, attached and incorporated as Exhibit C. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 4 of 19 {PH300226.1} 3. Defendant Greenwich Insurance admits that on July 2, 2009, Defendant Greenwich Insurance requested an extension of time, until July 16, 2009 to answer Plaintiff Empire Insurance's Request for Production of Documents. See Email Correspondence, dated July 2, 2009, attached and incorporated as Exhibit D. 4. Defendant Greenwich Insurance admits that it served responses to Plaintiff Empire Insurance's Request for Production of Documents, on July 16, 2009, as promised in its July 2, 2009 correspondence. See Certificate of Service, at page 23 of 23, Defendant Greenwich Insurance's Responses to Plaintiffs Request for Production of Documents, and documents at Greenwich 00001-00095 provided in response, attached and incorporated as Exhibit E. 5. Defendant Greenwich Insurance denies it failed to provide an adequate, complete, and timely answer Empire Fire and Marine's Request for Production of Documents. See Exhibit E. In fact, Defendant Greenwich Insurance produced every known document to responsive to Plaintiff Empire Insurance's requests 1, 4, 5, 9, 22, 32, 35, 36, and 37. In fact, with the exception of Defendant Greenwich's response to Plaintiff Empire Insurance's Request No. 1, Defendant Greenwich Responses to each of the interrogatories that Plaintiff Empire Insurance has put at issue clearly state that Defendant Greenwich Insurance provided "all responsive documents in Greenwich's possession, custody, and control." Defendant Greenwich limited its response to Plaintiff Empire Insurance's Request No. 1-which was worded expansively enough to require the production of every insurance policy ever issued to Ribb's Trucking, including those policies that were not issued by Defendant Greenwich Insurance-to policy No. AE00017592, the onlypo lice that Defendant Greenwich Insurance issued to Ribb's Trucking. The accident at issue between Ribb's Trucking and Plaintiff Empire Insurance's insured Kuntz & Son, Inc. (causing Kuntz & Son, Inc. $62,313.00 in damages that Plaintiff Empire DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pace 5 of 19 {PH300226.1 } Insurance paid) occurred nearly three years ago, on August 11, 2006. The policy of insurance that Defendant Greenwich Insurance issued to Ribb's Trucking, policy No. AE00017592, was for the one year term of December 1, 2004 through December 1, 2005. The accident in question occurred 9 months outside the policy period for policy No AE00017592. Defendant Greenwich Insurance has very few documents, in its possession, custody, and control in regards to an investigation in the underlying claim and the policy of insurance itself because Defendant Greenwich Insurance denied coverage soon after notice of the August 11, 2006 accident between Ribb's Trucking and Plaintiff Empire Insurance's insured, Kuntz and Son. 6. Defendant Greenwich Insurance denies that it withheld documents responsive to Requests Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37. • Request for Production No. 1 requested a complete copy of any and all insurance polices issued to Ribb's Trucking, Inc., including all endorsement pages.2 Defendant Greenwich provided a copy of the insurance policy No. AE00017592 ("Ribb's Policy") See Exhibit E at Greenwich 0002-00021. Policy No. AE00017592 is the only insurance policy at issue in this litigation, and the only insurance policy that Defendant Greenwich issued to Ribb's Trucking, Inc. • Request for Production No. 4 requested a copy of any and all communication to a government agency regarding Ribb's' policy.3 Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for Production No. 4 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 5 similarly requests copies of any and all communication between Greenwich Insurance and any governmental agency regarding Ribb's Policy.4 2 See Plaintiff's Request for Production No. 1 ("A complete copy of any and all insurance policies issued to Ribb's Trucking, Inc., including all endorsements and declarations pages.") s See Plaintiffls Request for Production No. 4 ("Any and all communication to governmental agency regarding Ribb's' policy"). DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 6 of 19 (PH300226.1) Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for Production No. 5 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 9 requests an itemization of the date and amount of any and all payments made by Ribb's Trucking and Greenwich Insurance.5 Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for Production No. 9 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 22 requests the name and address of the Greenwich Insurance employee who notified the Federal Motor Carrier Safety Administration that the Ribb's policy was no longer effective.6 Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for Production No. 22 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 32 requests all correspondence between Federal Motor Carrier Safety Commission and Greenwich Insurance.7 There is no government agency known as the "Federal Motor Carrier Safety Commission." Greenwich Insurance therefore assumed that Plaintiff Insurance was requesting all correspondence between Federal Motor Carrier Safety Administration and Greenwich Insurance. Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for 4 See Plaintiff's Request for Production No. 5 ("Any and all correspondence or copies of any communication, no matter the form, including but not limited to cancellation notices or confirmation, between Greenwich Insurance Company, its officers, agents, shareholders, and or employees and any governmental agency or department regarding a policy of insurance issued by Greenwich Insurance Company to Ribb's Trucking, Inc."). 5 See Plaintiff's Request for Production No. 9 ("A[n] itemization of the date and the amount of any and all payments, premiums or otherwise, made by Ribb's Trucking, Inc., its officers and/or agents to Greenwich Insurance Company regarding any policy issued by Greenwich Insurance Company."). 6 See Plaintiff's Request for Production No. 22 ("The name, home and business address of the employee of Greenwich Insurance Company or its agent who processed or notified any governmental agency regarding any change in status or validity of an insurance policy underwritten by Greenwich Insurance Company for Ribb's Trucking."). See Plaintiff's Request for Production No. 32 ("Any and all communications, documents, correspondence, inquiries or memorandums between the Defendant Greenwich Insurance Company and the Federal Motor Vehicle Safety Commission."). DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pave 7 of 19 1PH300226.11 Production No. 32 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request For Production No. 35 requests a list of all claims made by Ribb's Trucking to Greenwich Insurance between 12/1/2004 and 9/21/2007.8 Greenwich produced all responsive documents in its claim adjuster's file. See Exhibit E at Greenwich 00024, 00025, 00026, 00027, 00028, 00029, 00030, 00031,00032,00034,00035,00036,00037 ' 00038, 00039, 00040, 00041, 00042, 00043, 00044. Responsive documents beyond Greenwich those listed here have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 36 requests copies of cancellation notices sent to the Federal Motor Carrier Safety Administration, the Department of Transportation, and ICE or any other governmental agency.9 ICE is not defined. The only government agency known 1:0 Greenwich Insurance, under this acronym is Immigration and Customs Enforcement, which Greenwich believes have no applicability to the dispute between Greenwich Insurance and Plaintiff Empire Insurance. Greenwich produced all responsive documents in its claim adjuster's file. Documents responsive to Request for Production No. 36 have not been found to be within Greenwich Insurance's possession, custody, or control. However, Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. • Request for Production No. 37 requests the name and address of the Greenwich employee who sent cancellation notices with regard to Ribb's Policy to any governmental agency. 10 Greenwich produced all responsive documents in its claim adjuster's file: Documents responsive to Request for Production No. 37 have not been found to be within Greenwich Insurance's possession, custody, or control. However, 8 See Plaintiff's Request for Production No. 35 ("A list of all claims made by Ribb's Trucking, Inc. to Greenwich Insurance Company for the period December 1, 2004 through September 21, 2007 providing the date of loss, the claimant and the amount paid if any."). 9 See Plaintiff s Request for Production No. 36 ("Copies of any cancellation notices sent to FMVCSA, (DOT), ICE or other government agency.") 10 See Plaintiff's Request for Production No. 37 ("The name, home and business address of the employee of the carrier or its agent who processed or notified any governmental agency of cancellation of insurance policy.") DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pa e 8 of 19 {PH300226.11 Greenwich Insurance has promised to provide all responsive documents, in conformity with Pa.R.C.P,. 4007.4, if and when such documents are discovered. 7a. Defendant Greenwich Insurance denies that it withheld production of Ribb's Trucking insurance policy. See Exhibit E at Greenwich 0002-00021. 7b. Defendant Greenwich Insurance denies that it withheld all Ribb's cancellation notices. Policy No AE00017592 was not cancelled, it expired. As a result, cancellation notices were not necessarily issued on policy No. AE00017592. If such notices were issued, they are no longer within Greenwich Insurance Co.'s possession, custody, or control„ 7c. Defendant Greenwich Insurance denies that it withheld its communications with Plaintiff's claim agents and others. See Exhibit E at Greenwich 000022, 00023, 00024, 00025, 00037-39, 00040, 00041, 00042, 00043, 00044, 00047-00095. 7c[sic]. Defendant Greenwich Insurance Co. admits that it issued a policy of insurance to Ribb's Trucking, specifically policy No. AE00017592. Defendant Greenwich Insurance Co. denies that it withheld premium payment information. It may well be that Ribb's Trucking made a single premium payment, at the time that policy No. AE00017592 was issued, and as a result, no premium payment information ever existed. However, if premium payments were made, no documentation with regarding to premium payments made by Ribb's Trucking remains within Defendant Greenwich Insurance Co.'s possession, custody, or control. 7d. Defendant Greenwich Insurance denies that it has concealed the identity of its employees or agents responsible for Ribb's insurance policy administration. See Exhibit E at Greenwich 00010, 00022, 00024, 00025, 00040, 00041, 00042, 00043, and 00044. 7e. Defendant Greenwich Insurance denies that it has concealed its internal communications regarding the Ribb's insurance policy and cancellation thereof. Specifically, DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Paze 9 of 19 {P11300226.1} the policy at issue, policy No. AE00017592, was not canceled it expired, on its own terms, on December 1, 2005. See Exhibit E at Greenwich 00094. 7f. Defendant Greenwich Insurance Co. denies that it withheld information concerning the required reporting to the Federal Governmental Agency responsible for regulating its insured Ribb's. Defendant Greenwich Insurance has searched its claim adjuster's files and no such correspondence has been found within Greenwich Insurance Co.'s possession, custody, or control. 7g. Defendant Greenwich Insurance Co. denies that it failed to identify the documents it produced, other than as required by the Pennsylvania Rules of Civil Procedure. The note to Pa.R.C.P. No. 4009.12 encourages parties responding to document requests to identify documents produced through a system of numbering. Defendant Greenwich Insurance Co. bates labeled the documents that it produced and identified those documents as Greenwich 0001- 00095. Defendant Greenwich Insurance Co. then stated that documents Greenwich 0001-00095 represented all responsive documents within Defendant Greenwich Insurance Co.'s possession, custody, or control. 7h. Defendant Greenwich Insurance Co. denies that attached improper conditions to its responses. Defendant Greenwich Insurance Co. reserved the following rights. (1) Reserving all questions as to competence, relevance, materiality, privilege, and admissibility as evidence for any purpose in any subsequent proceedings or at the trial of this or any other action; (2) The right to object to the use of any documents produced, or the subject matter of any such documents, in any subsequent proceedings or at the trial of this or any other action on any ground; (3) The right to object on any ground to a demand for other discovery proceedings involving or relating to the subject matter of these Requests for Production of Documents; (4) DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 10 of 19 {PH300226.1} The right at anytime to revise, correct, supplement, clarify and/or alnend the objections and responses to these Requests for Production of Documents. The reservation of these rights is in complete accord with the Pennsylvania Rules of Civil Procedure especially in light of Pa.R.C.P. No. 4003.1 that "[i]t is not ground for objection that the information sought will be inadmissible at trial if the information sought is reasonable calculated to lead to the discovery of admissible evidence. Clearly the Pennsylvania Rules of Civil Procedure anticipate that some inadmissible evidence will be secured in discovery, Defendant Greenwich Insurance Co. was merely reserving its rights to object to the admissibility of evidence in reservations (1) and (2). Pa.R.C.P. No. 4007.4(2)(a) and (b) places an affirmative duty upon Greenwich Insurance Co. to corrects its responses to Plaintiff's Request for Production of Documents upon learning that its responses were incorrect when made or were correct when made but are no longer correct. It is the right to uphold its responsibilities under Pa.R.C.P. No. 4007.4(2)(a) and (b) that Greenwich Insurance Co. was reserving in reservation (4). Finally, Greenwich Insurance Co. reserved its right to object on any ground to a demand for other discovery proceedings. This reservation of right simply allows Greenwich to answer any motion to compel, such as the one currently before this court, that Plaintiff Empire Insurance might file against Greenwich Insurance Co. 7i. Defendant Greenwich Insurance admits that a verification was not provided at the time that Defendant Greenwich served responses to Plaintiff Empire Insurance's Request for Production of Documents. However, a verification was subsequently provided. See Exhibit F, attached and incorporated to these responses. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 11 of 19 {PH300226.1} 8. As set forth in paragraph 7g, above, Defendant Greenwich Insurance Co. denies that it failed to identify the documents it produced, other than as required by the Pennsylvania Rules of Civil Procedure. Defendant Greenwich Insurance denies that it failed to identify documents withheld from discovery as to the Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37 that are subject to this Motion to Compel. Greenwich Insurance's records reveal that the only policy that Greenwich Insurance Co. issued to Ribb's Trucking was Greenwich Insurance Policy No. AE00017592 and Greenwich Insurance Co. clearly answered that it was providing "all responsive documents in Greenwich's possession custody or control, pertaining to Greenwich Insurance Policy No. AE00017592. " As set forth in paragraph 7h, above, Greenwich Insurance Co. denies that attached improper conditions to its responses. C. Arguments and Authorities (1) Defendant Greenwich did not withhold documents responsive to Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37 on the basis of objection. 9. Pa.R.C.P. No. 4019 clearly provides that Defendant Greenwich cannot be sanctioned for withholding discovery on the basis of objection. See Pa.R.C.P. No. 4019(a)(2) (noting that a failure to act may be excuses if "the party failing to act has filed an appropriate objection"). 10. Moreover, Defendant Greenwich did not without discovery on the basis of objection in response to Plaintiff Empire Insurance's as to the Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37, that are subject to Plaintiff Empire Insurance's motion to compel and for sanctions. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Paze 12 of 19 {PH300226.1} (2) Plaintiffs motion to compel and for sanctions should be denied as fruitless. 11. Defendant Greenwich Insurance has produced every known responsive document in its files, as to the Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37, that are subject to Plaintiff Empire Insurance's motion to compel and for sanctions. And Defendant Greenwich Insurance has promised to supplement its response to Plaintiff Empire Insurance's Request for Production of Documents if and when other responsive documents are found, in conformity with Pa.R.C.P. 4007.4. See Exhibit E, at Paragraph 12, Page 3 of 23 ("The following answers are based upon Greenwich's current knowledge. Additional information may be in documents that Greenwich has not yet received and or reviewed, or with witnesses that Greenwich have not yet interviewed and or deposed. As a result, Greenwich reserve[s] the right to supplement their responses to Plaintiffs' Requests, in conformity with Pa.R.C.P. No. 4007.4."). 12. As a result, granting Plaintiff Empire Insurance's motion to compel and for sanctions would be fruitless. Plaintiff Empire Insurance already has every known documents responsive to the Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37, that are subject to Plaintiff Empire Insurance's motion to compel and for sanctions, and Defendant Greenwich Insurance has promised to provide other responsive documents if and when such documents become known to Defendant Greenwich Insurance. (3) Plaintiffs motion to compel and for sanctions should be denied as beyond the scope of permissible discovery, under the Pennsylvania Rules of Civil Procedure. 13. In support of its claims that it is entitled to the proceeds of Greenwich Insurance Policy No. AE00017592, Plaintiff Empire Insurance has attached to other pleadings that it has filed in this matter a document from the FMCSA ("Federal Motor Carrier Safety Administration") that evidences that Greenwich Insurance Policy No. AE00017592 was DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pa 2e 13 of 19 {PH300226.1} effective on 12/01/04 and that the FMCSA was not notified of its "cancellation" until 9/21/2007. The problem for Plaintiff Empire Insurance's reliance on the documents that it has secured from the FMCSA is that the majority of federal courts hold that the rules and regulations promulgated by the Federal Motor Carrier Safety Administration, in conformity with the Federal Motor Vehicle Carrier Safety Act, do not affect the allocation of loss between insurance carriers. See Travelers Ins. Co. v. Transport Ins. Co., 787 F.2d 1133, 1140 (7th Cir. 1986; Occidental Fire & Casualty Co. v. Int'1 Ins. Co., 804 F.2d 983, 986 (7th Cir. 1986); Carter v. Van ig lder, 803 F.2d 189, 192 (5th Cir. 1986); Grinnell Mut. Reinsurance Co. v. Empire Fire & Marine Ins. Co., 722 F.2d 1400 (8th Cir. 1983; Carolina Cas. Ins. Co. v. The Underwriters Ins. Co., 569 F.2d 304, 313 (5th Cir. 1978); Prestige Cas. Co. v. Michigan Mut. Ins. Co., 99 F.3d 1340, 1348 (6th Cir. 1996). 14. The Third Circuit, in Carolina Cas. Ins. Co. v. Ins. Co. of N. Am., focused on the public policy considerations behind the rules and regulations promulgated by the Federal Motor Carrier Safety Administration, in conformity with the Federal Motor Vehicle Carrier Safety Act-as they pertain to the very MSC-90 endorsement upon which Plaintiff Empire Insurance relies-and recognized that insurers cannot free themselves of their federal duties to protect the public. However, the Third Circuit recognized that the federal regulations "are not so radically intrusive as to absolve ... insurers of otherwise existing obligations under applicable state tort law doctrines or under contracts allocating financial risk among private parties." Carolina Cas. Ins. Co. v. Ins. Co. of N. Am., 595 F.2d 128, 138 (3`d Cir. 1979). 15. Empire Insurance has first hand knowledge of this rule of law and the fact that the federal courts governing the interpretation of federal law for this Commonwealth have found that the MCS-90 does not allocate risk between insurance carriers. See Fireman's Fund Ins. Co. v. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 14 of 19 {PH300226.1} Empire Fire & Marine Ins. Co., 152 F. Supp. 2d 687 (E.D. Pa. 2001) (noting that "application of the relevant I.C.C. regulations does not determine which insurer is responsible for providing primary coverage" and finding that the Court must ... resort to an analysis of the insurers' individual policies") 16. In short, the majority view holds that the MCS-90-upon which Plaintiff Empire Insurance relies-is designed to put the public's interest above that of the insurance and trucking companies. Once that goal is met, the insurance contracts and state law govern the analysis as to the allocation of loss between insurers, such as Plaintiff Empire Insurance and Defendant Greenwich Insurance. See Travelers Ins. Co., 787 F.2d at 1140. 17. As a result, the only means by which Plaintiff Empire Insurance might possibly attach the proceeds of the Policy No. AE00017592 is by establishing that Plaintiff Empire Insurance has a contractual right, or a right under the laws of this Commonwealth, to the proceeds of Policy No. AE00017592. 18. Other than Plaintiff's request for Policy No. AE00017592 between Greenwich and Ribb's-which was fully and completely answered, see Exhibit E at Greenwich 0002- 00021-not a single Request for Production, issued by Plaintiff Empire Insurance goes to the heart of the matter between the dispute between Plaintiff Empire Insurance and Defendant Greenwich Insurance which is (1) how is the allocation of loss addressed in the insurance contracts; and (2) how is the allocation of loss handled by state law. 19. Keeping the issues between Plaintiff Empire Insurance and Defendant Greenwich Insurance in mind, it is clear that Plaintiff Empire Insurance's motion to compel and for sanctions should not be granted. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 15 of 19 {PH300226.1} (4) Plaintiff Empire Insurance request for sanction is wholly unreasonable. 20. The Pennsylvania Superior Court has instructed that when a discovery sanction is at issue the trial court should be guided by the following factors: (i) the nature and severity of the discovery violation; (ii) the defaulting party's willfulness or bad faith; (iii) prejudice to the opposing party; (iv) the ability to cure the prejudice; and (v) the importance of the precluded evidence in light of the failure to comply. See Croydon Plastics Co., Inc. v. Lower Bucks Cooling & Heating, 698 A.2d 625, 629 (Pa. Super. Ct. 1997). 21. There is no discovery violation at issue. Defendant Greenwich Insurance reviewed its claim adjuster's file and produced to Plaintiff Empire Insurance every responsive document responsive to the Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37 that was in its claim adjuster's file. Defendant Greenwich Insurance has also promised to provide every responsive document that it might later find. 22. In so far as Defendant Greenwich Insurance has produced every document in its claims adjuster's file that is responsive to Plaintiff Empire Insurance's Request for Production Nos. 1, 4, 5, 9, 22, 32, 35, 36, and 37 and promised to provide every responsive document that Greenwich Insurance might later find, Greenwich Insurance cannot be said to be willful or acting in bad faith. 23. No prejudice to Plaintiff Empire Insurance can be found in so far as the allocation of loss and state law is determinative of the dispute between Plaintiff Empire Insurance and Defendant Greenwich Insurance, and not a single request for production at issue-other than DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 16 of 19 (PH300226.1) Request No. 1 which was answered in full-goes to the determinative issue between Plaintiff Empire Insurance and Defendant Greenwich Insurance. 24. Any prejudice that Plaintiff Empire Insurance could be said to have suffered can and will be cured if and when Defendant Greenwich Insurance uncovers other responsive documents, beyond its claim adjusters file, as Defendant Greenwich Insurance has promised to do. 25. The documents that Plaintiff Empire Insurance claims have been willfully withheld-correspondence between Defendant Greenwich Insurance-internal memoranda regarding losses resulting from the accident between Kuntz & Son and Ribb's Trucking-and the name and address of the Greenwich Insurance employee that notified the Federal Motor Carrier Safety Administration that Policy No. AE00017592 had expired--are simply not at issue in this matter. Moreover, Plaintiff Empire Insurance has in its possession documents, from the Federal Motor Carrier Safety Administration, that the Federal Motor Carrier Safety Administration was first notified that Policy No. AE00017592 had expired on 9/21/2007. The date when the Federal Motor Carrier Safety Administration was first notified that Policy No. AE00017592 had expired is known to all and is not at issue in the dispute between Plaintiff Empire Insurance and Defendant Greenwich Insurance. The dispute between Plaintiff Empire insurance and Defendant Greenwich Insurance boils down to two questions: (1) whether or not the federal regulations which require and govern the MSC-90 endorsement "are ... so radically intrusive as to absolve ... insurers of otherwise existing obligations under applicable state tort law doctrines or under contracts allocating financial risk among private parties." Carolina Cas. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pa a 17 of 19 {PH300226.1 } Ins. Co. v. Ins. Co. of N. Am., 595 F.2d 128, 138 (3`d Cir. 1979);11 and (2) how does applicable state tort law doctrine or and the contracts at issue allocate the financial risk of loss as between Plaintiff Empire Insurance and Defendant Greenwich Insurance. D. Conclusion 26. For all the reasons stated above, Plaintiff Empire Insurance's motion to compel and for sanctions should be denied. Respectfully submitted this 7t" day of August, 2009, MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. By: /1JLe 4,j?7m&av Patrick C. Lamb, Esquir - No. 70817 Anne R. Myers, Esquire - No. 201900 1800 John F. Kennedy, Blvd., Suite 1900 Philadelphia, PA 19109 (215) 564-6688 Attorneys for Greenwich Insurance Co 11 The Third Circuit says that they are not. Id. (holding that federal regulations "are ... not so radically intrusive as to absolve ... insurers of otherwise existing obligations under applicable state tort law doctrines or under contracts allocating financial risk among private parties."). DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Page 18 of 19 1PH300226.1) CERTIFICATE OF SERVICE I, Anne Myers hereby certify that on August 7, 2009, I caused a true and correct copy of the foregoing DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL to be sent via U.S. Mail to all parties of record to the parties listed below: Paul F. D'Emilio, Esquire Paul M. Schofield, Jr., Esquire James P. McCoy, Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Patricio Leon 241497 1h Street East Elmhurst, NY 11369 Ribb's Trucking Inc. 116 Hobart Avenue Bayonne, NJ 07002 MARKS, O'NEILL O'BRIEN & COURTNEY, P.C. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Pa a 19 of 19 {PH300226.1} Exh?bit .. A Office of the Sheriff MICHAEL P. WALSH i Sheriff ?ctavr>t? Louis L. Redding City/County Bldg. 800 N. French Street Wilmington, DE 19801 (302)395-8450 .AFFIDAVIT OF SERVICE STATE OF DELAWARE) ) SS NEW CASTLE COUNTY). RECEIVED SEP 10 2008 03- Re: EMPIRE FIRE AND MARINE INSURANCE CO AS SUBROGEE OF KUNTZ AND SON INC VS. GREENWICH INSURANCE COMPANY Civil Action No. 08_22160SW Jeffrey Maddocks, being duly sworn, deposes that he/she is a Deputy Sheriff and avers that he/she served upon and left personally upon KIM BLOON FOR GREENWICH INSURANCE COMPANY. AT: 1201 NORTH MARKET STREET, SUITE #501, WILMINGTON, DELAWARE 19801, a copy of Out of State Execution and attachment on 8/25/2008 at 11: 3 1 AM. The Deponent further avers that he/she knew the pers d to be the same person as mentioned in the Out of State document. 7907 y _,.• TY SHERIFF CASTLE COUNTY STATE OF DELAWARE). NEW CASTLE COUNTY) )SS BE IT REMEMBERED that on September 5, 2008 personally came before me, the Subscriber, a Notary Public of the State of Delaware, Jeffrey Maddocks, a Deputy Sheriff of New Castle County and State of Delaware, and stated that the facts stated above are true and correct. SWORN AND SUBSCRIBED before me, the date and year aforesaid. '?GNotary Public WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NOOS-2216 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF NEW CASTLE COUNTY: To satisfy the debt, interest and costs due EMPIRE FIRE and MARINE INSURANCE COMPANY, as Subogee of KUNTZ & SON INC., Plaintiff (s) From PATRICIA LEON, 224 Dubois St., New Burgh, NY 12550 RIBB'S TRUCKING, INC., 116 Hovart Avenue, Bayonne, NJ 07002 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: GREENWICH INSURANCE, 1201 N. Market St., Wilmington, DE 19801 Proceeds from Insurance Polley NO. AECO017592 and to notify the ganrishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $62,1.31.00 L.L. $.50 Interest - $234.00 Atty's Comm % Atty Paid $129,50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 7/21/08 (Seal) C s R. Long, P onota By: Deputy REQUESTING PARTY: Name PAUL F. D'EMILIO, ESQUIRE Address: 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 Attorney for: PLAINTIFF Telephone. 610-338-0338 Supreme Court ID No. 16654 ra P. r C= ' cn c^ e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PR.AECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment Empire Fire and Marine Insurance Company as ® Other Subrogee of Kuntz & Son Inc. VS. File No. 08-2216 Patricio Leon and Ribb's Trucking, Inc, Amount Due $62,131.00 Defendant's Interest $234.90 Greenwich Insurance Company Garnishee Atty's Comm : Costs $412.00 _ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumb e r land County, for debt, interest and costs, upon the following described property of the defendant (s) Proceeds from Insurance i)olicv no AECO017592 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of_Cumher land County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Proceeds from Insurance nolicv no AE00017 92 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis penden against real estate of the defendant(s) described in the attached exhibit. Date ' 112AF Signature: Print Name: aul F. D' Emilio, Esquire Address: 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Attorney for: Plaintiff Telephone: 610-338-0338 Supreme Court ID No: 16654 CUMBERLAND COUNTY COURT OF COMMON PLEAS OFFICE OF THE DISTRICT COURT ADMINISTRATOR WRIT OF EXECUTION NOTICE You are being served with a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. Fallowing is a list of the major exemptions under Pennsylvania and Federal law: 1. $300 statutory exemption; 2. Bibles, school books, sewing machines, uniforms and equipment; 3. Most wages and unemployment compensation; 4. Social Security benefits; 5. Certain retirement funds and accounts; 6. Certain veteran and armed forces benefits; 7. Certain insurance proceeds; and 8. Such other exemptions as may be provided by law. If you have any exemption, you should do the following promptly; (1) fill out the attached claim form and demand for a prompt hearing; and (2) Deliver the form or mail it to the Court Administrator's Office at the following address: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 You will be assigned a hearing date BY PHONE between the hours of 8:30 am and 4:30 pm, Monday through Friday, so please ensure that a telephone number where you can be reached appears on the enclosed Claim of Exemption form in the space provided. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 (This side of the form to be completed by the Judge.) CUMBERLAND COUNTY COURT OF COMMON PLEAS CLAIM FOR EXEMPTION COURT ORDER On the basis of the Claim for Exemption found on the reverse side of this form the Court hereby ORDERS: A. For the personal property in possession of the defendant the $300 statutory exemption is hereby: (check appropriate box) {_} Set aside in kind (specific property to be set aside in kind): (_) Paid in cash following the sale of property levied upon. B. The following additional exemptions are allowed: (specify property) C. For property that is in the possession of a third party, it is hereby ordered that (check appropriate box): (_) the $300 statutory exemption is allowed: (_)in Cash; (_)in kind: (specify property) (_) Social Security benefits are exempted in the amount of $ (_) Other (the following items are also exempted): Amount Item Hearing Date:_ Date: Judge: r _ `S Date (_) Mailed (_) Hand delivered Defendant name: Address: Home phone: ?} - Business phone: (_)_- Please indicate a number where you can be reached between the hours of 8:30 am and 4:30 pm, Monday though Friday: ?) - I, the above named defendant, claim exemption of property from levy or attachment as follows: A. From my personal property in my possession which has been levied upon, I desire that my $300 statutory exemption be (check one of the following): (_) Set aside in kind (specific property to be set aside in kind): (_) Paid in cash following the sale of the property levied upon. B. I claim the following exemption (indicate specific property and basis of exemption): Amount Specific Property Basis of Exemption C. From my property which is in the possession of a third party, I claim the following exemptions (check whichever applies): (_) $300 statutory exemption: (_) in Cash; (_) in kind (specify property): {_} Social Security benefits on deposit in the amount of $ (_) Other (specify amount and basis of exemption): Amount Specific Property Basis of Exemption I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me BY PHONE between the hours of 8.30 am and 4:30 pm, Monday through Friday, at the number indicated above. I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (This side of the form to be completed by Defendant) CUMBERLAND COUNTY COURT OF COMMON PLEAS CLAIM FOR EXEMPTION PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF EMPIRE FIRE AND MARINE INSURANCE COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF KUNTZ & CUMBERLAND COUNTY SON INC. 13810 FNB PARKWAY OMAHA, NE 68154 NO. 08-2216 CIVIL TERM VS. PATRICIO LEON 2414 97TH STREET EAST ELMHURST, NY 11369 AND RIBB'S TRUCKING INC. 116 HOBART AVENUE CIVIL ACTION BAYONNE, NJ 07002 DEFENDANTS AND GREENWICH INSURANCE COMPANY 1201 N. MARKET STREET WILMINGTON, DE 19801 GARNISHEE TO: GREENWICH INSURANCE COMPANY INTERROGATORIES TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. The word "Defendant" means any one or more of the Defendants named above. B. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the Garnishee, it also attaches all property of the Defendant which comes into the Garnishee's possession thereafter until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance of the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather bythe amounts deposited and withdrawn during the intervening period. C. These Interrogatories are of a continuing nature; therefore, you shall be required to file supplemental Answers to Interrogatories if there is any subsequent change in the information set forth in your Answers. 1. At the time you were served, did any one or all of the Defendants maintain any savings, checking or any other type of account with you? 2. If the answer to Interrogatory No. 1 is in the affirmative, set forth separately for each such account the following: a. The name or names in which the account is maintained; b. The balance in the account as of the date of service; C. The name and address of each signatory to the account; d. The date the account was first opened; e. The date and amount of the last withdrawal from said account; and f.. The account number. 3. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property, certificates, choses in action, or security of any kind or nature owned solely or in part by anyone or all of the Defendants? 4. If the answer to Interrogatory No, 3 is in the affirmative, set forth separately with regard to each property, certificate, chose in action or security owned solely or in part by any one or all of the Defendants the following: a. A description; b. The date it came into your possession; C. The name and address of all persons or entities having any interest therein; and d. The value thereof. 5. At the time you were served, or at any subsequent time, did you owe any one or all of the Defendants any money or were you liable to Defendants on any negotiable or other written instruments? 6. If the answer to Interrogatory No. 5 is in the affirmative, set forth separately with regard to each obligation due and owing to the Defendants or any of them the following: a. The amount for which you are liable; The name and address of each person, in addition to the Defendants, to whom you are also liable on the same obligation; c. The date the obligation was incurred; and d. If any payment has been made on the obligation, the dates and amounts of all such payments and the name of the payee or payees. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by any one or all of the Defendants or in which any one or all of the Defendants held or claimed any interest? 8. If the answer to Interrogatory No. 7 is in the affirmative, set forth separately with regard to each item of property the following: a. A description; b. The value; C. The date it came into your possession; d. If there are any other persons having any interest in the property, set forth the names and addresses of such persons; and If any portion of the property was released to any one or all of the Defendants or anyone acting on behalf of any one or all of the Defendants, set forth the date upon which the property was released, a description thereof, and the value of that which was released. At the time you were served or at any subsequent time did you hold as fiduciary, any property in which any one or all of the Defendants had an interest? C ? - 10. If the answer to Interrogatory No. 9 is in the affirmative, set forth separately with regard to each item of property held by you as fiduciary the following: a. A description; b. The value; C. The name and address of every person having an interest therein; and d. The date it came into your possession. 11. At any time before or after you were served, did any one or all of the Defendants transfer or deliver any property to you or to any person or place pursuant to your directions or consent? 12. If the answer to Interrogatory No. 11 is in the affirmative, set forth separately with regard to each payment, transfer or delivery the following: a. A description as to the property paid, transferred or delivered; b. The dollar amount of the money paid, transferred or delivered; C. The name and address of the person who paid, transferred, or delivered the same to you; d. The date of the payment, transfer or delivery; e. The reason for the payment, transfer or delivery; and f. At whose direction the payment, transfer or delivery was made. 13. At any time after you were served did you pay, transfer or deliver any money or property to any one or all of the Defendants or to any person or place pursuant to any one or all of the Defendants' direction or otherwise discharge any claim of any one or all of the Defendants against you? 14. If the answer to Interrogatory No. 13 is in the affirmative, set forth separately with regard to each payment, transfer or delivery the following: a. A description as to the property paid, transferred or delivered; b. The dollar amount of the money paid, transferred or delivered; C. The name and address of the person to whom same was paid, transferred or delivered; d. The date same was paid, transferred or delivered; e. The reason for the payment, transfer, or delivery; and f. At whose direction the payment, transfer or delivery was made. 15. At any time during the period from the time of service of the Writ of Execution to the date of filing of the Answers to these Interrogatories, did any one or all of the Defendants maintain, deposit or assign with or to you any Certificates of Deposit, Letters of Credit, Mortgage, Note, negotiable instrument, Lease or chose in action? 16. If the answer to Interrogatory No. 15 is in the affirmative, set forth separately with regard to each instrument the following: a. A description; b. The date and circumstances under which it came into your possession; C. The date it was released by you (if applicable); d. Where appropriate, the account number thereof; and e. The term, face value or amount set forth thereon. 17. Did you ever issue a policy of insurance or indemnity to or for the benefit of Defendants? A. If so, Set forth the 1. Policy number 2. Type of policy 3. List the coverages and amounts 4. Effective Dates 5. Name of insured Date: Date cancelled or terminated Date cancellation effective. Paul F, D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 N1 E xn,bit EI A 1') _ 1?u PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQ IF ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 3380338 DEPART ATTORNEY FOR PLAINTIFF E E FIREANN MARINE INSURANCE COMPANY AS SUBROGEE OF KUNTZ & SON INC. 13810 FNB PARKWAY OMAHA, NE 68154 , vs. RIBBS TRUCKING, INC, 116 HOBART AVENUE BAYONNE, NJ 07002 AND x GREENWICH INSURANCE COMPANY 70 SFAVIEW AVENUE S_...MEMST 068. NOTICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717) 249-3166 800) 990.9108 AVI$O oivi t ,ars+ r.: . r: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717) 2493166 800) 990-8108 3 218 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. a8•`'4g7Y '1%'E COPY FROM RECORD In TwjirMy 'k-fir i.1 Nre !tt?I m1 my t::;n x ' 9 + SSam Cwtit? c4disle P-1. t±.,y.. ,S?'?X YOU SHOULD TAKE TkIS PAPER TO YOUR LAWYER AT ONCE. IF YOU p0 NOT NAVE A LAWYfER, OO TO-OR TaWHOHE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROADE YOU WITH IWORWt7KINABOUT kNRiNCs A LAWYER `MAYS A84.ETT P?YtxJWfACN 4RRMA?T1?ipr1?A80?tR AG£N??S T}ilti7 MAY OFFfR kEtiAl: BE,ItVtCS$ TO ELIOI8IE PER50N& AT A REDUCED FEF OR NO FEE. LLEVE ESTA DEMANOA A UN ABOGADOIW4EDVATAMENTE. W NO TIENE ASOGAOO O &i NO TENS EL MIM SUM ELATE PAPA PAGAR TAL S . RVICIO. MAYA EN PERSONA O LLAME FOR A kA OF INA GUYA D?CCION SE ENCUENTRA ZMU PARR AVERIGUAR DONDE LISTED PUEDE C MSEOUIR ASISTENGIA LEGAL PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF EMPIRE FIRE AND MARINE INSURANCE COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF KUNTZ & CUMBERLAND COUNTY SON INC. 13810 FNB PARKWAY OMAHA, NE 68154 , NO. VS. RIBBS TRUCKING, INC. 116 HOBART AVENUE BAYONNE, NJ 07002 AND GREENWICH INSURANCE COMPANY 70 SEAVIEW AVENUE ,??ECLARATORY JI"1?GI?EAIT ACTtt3N Plaintiff by its attorney, Paul F. D'Emilia, Esquire, brings this action upon a cause whereof the following is a statement: 1. The Plaintiff, Empire Fire and Marine Insurance Company (hereinafter "Empire") Is a Nebraska Corporation engaged in the insurance business with a statutory home office located at13810 FNB Parkway, Omaha, NE 68154 and a main administrative office or principal place of business located at 1400 American Lane, Schaumburg, IL 60196. It is authorized to transact business and had transacted business in the 1 Commonwealth of Pennsylvania. 2. Defendant Greenwich Insurance Company is a liability insurance company authorized to do business within the Commonwealth of Pennsylvania having a principal place of business at Seaview House, 70 Seaview Avenue, Stamford, CT 06902-6040. 3. Ribbs Trucking, Inc. is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal office at 116 Hobart Avenue, Bayonne, NJ 07402 4. Can August 11, 2006, when a motor vehicle owned by the Defendant, Ribb's Trucking Inc. and insured by the Defendant Greenwich Insurance Company was traveling -southbound on 1-81, Hampden Township, Pennsylvania when the vehicle drifted across three lanes of travel and struck Plaintiffs insureds vehicle causing the damages hereinafter described, 6. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Fifty Four Thousand Seven Hundred Two and 02/100 ($54,702.02) Dollars plus the Insured's deductible of Two Thousand Five Hundred and 001100 ($2,600.00) Dollars plus the towing and storage being Four Thousand Nine Hundred Twenty Eight and 981100 ($4,928.9$) Dollars for a total of Sixty Two Thousand One Hundred Thirty One and 001100 ($62,131.00) Dollars. A true and correct copy of the checks issued are attached hereto, made part hereof and marked Exhibit "A." 6. A Complaint was filed in the Common Pleas Court of Cumberland County, No. 08-2216 on April 8, 2008 captioned in the matter of Empire Fire and Marine Insurance 2 Company as Subrogee of Kuntz & Son, Inc. v. Patricio Leon and Ribb's Trucking, Inc. A true and correct copy of the Complaint is attached hereto and made part hereof and marked Exhibit "B". 7. The service of the Complaint was made on the Defendants on April 11, 2006 and Notice to Enter Default Judgment was given. S. A Default Judgment was entered against the Defendant Ribbs Trucking on June 9, 2008 in the sum of $62,131.00. 9. Defendant Ribbs Trucking, Inc. (U.S. Dot 815546) is licensed by and subject to the Federal Motor Vehicle Carrier Safety Act of the United States of America and the rules and regulations promulgated by the Federal Motor Vehicle Carrier Safety Administration thereunder. 10. According to the records of the Federal Motor Vehicle Safety Commission, Defendant Greenwich Insurance Company issued a Property damage liability insurance policy to Defendant Ribb's Trucking, Inc, effective December 1, 2004 for a term expiring on September 21, 2007. Policy number EC-17592 11. Federal regulations state that the policy must remain in effect until it is replaced or cancelled according to special cancellation requirements which are independent of the policy's cancellation requirements. (49 C.F.R. 387.313) 12. The policy was effective as of the date of the loss and in effect until September 21, 2007 according to F. M. C.S.A. regulations. 13, F.M.C.S.A. was never notified of cancellation of the Insurance prior to the loss. 14. The policy issued by the Defendant was valid, binding and effective at the time of the injury and Plaintiff as Judgment Creditor of Greenwhch's insured is the beneficiary of 3 the liability insurance policy. 15. Under the terms of the Insurance policy, Defendant is obligated to and to indemnify Plaintiff in the suit up to the limits of the policy. 16. Plaintiff has made a demand upon Defendant as required by the terms and conditions of the policy to provide coverage as required under the policy, but the Defendant has refused and neglected to do so. 17. Defendant's disclaimer of liability Is without basis and in bad faith. 18. As a result of Defendant's disclaimer, Plaintiff may be required to retain counsel to defend herself in the suit and to incur attorney's fees and costs in connection with the defense. 19. There is a just and actual controversy between the parties. 20. Failure to adjudicate the claims contained herein will result In eminent and inevitable litigation between the parties. WHEREFORE, Plaintiff respectfully requests your Honorable Court enter judgment as follows- A. Declare Defendant, Greenwich independent insurance Company, to be obligated to indemnify Plaintiff for the amount of its judgment up to the limits of liability of the policy. 13. Order Defendant to bear all future costs of the defense; D. Award attorney's fees and expenses to Plaintiff for fees and expenses for bringing this action; and E. lastly, grant such other relief as the Court may deem appropriate. aui F. D'Emillo, Esquire Attorney for Plaintiff 4 VK131FIC to Mary K. Mashek, Subrogation Representative with Empire Fire and lMarine Insurance Company in the above captioned matter verities that the facts contained in the foregoing Declaratory Judgment Action are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904 relating to unswom falsification to authorities. j 1 1 DATE: 't 1 f t f i r i Representative r.- rage i of i From Origin ID: JSDA KimbedyAdams XL America, Inc. 70 Seaview Avenue Seaview House Stamford, CT 06902 (203)964-5263 Felerm. ft- Ship Dale:12AUG08 AdI ft 1 LB System. 5785286dWET8061 Accoun*:S -"""" SHIPTO:8475175229 BILL SEWER Bridget LaSalle XL. 20 N MARTINGALE RD STE 200 SCHAUMBURG, IL 601732414 divery Address Bar Code 11 1111110111111111111111 Ref # Legal/Adams Invoice # PO # Dept # TRK# 7993 6300 9050 XH NOHA WED -13AUG Al STANDARD OVERNIGHT 60173 IL-US ORD fter printing this label: Use the'Prinf button on this page to print your label to your laser or inkjet printer. Fold the printed page along the horizontal line. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. aming: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional ling charges, along with the cancellation of your FedEx account number. ;e of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any tim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an ditional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, 3uding intrinsic valueof the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or eclat is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $500, 1. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx rvice Guide. tps://www.fedex.com/shipping/ht ml/en/PrintIFrame.html 8/12/2008 k\ I_ xh)bit C PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF EMPIRE FIRE AND MARINE INSURANCE COMPANY AS SUBROGEE OF KUNTZ & SON INC. VS. PATRICIO LEON AND RIBB'S TRUCKING INC. EMPIRE FIRE AND MARINE INSURANCE COMPANY AS SUBROGEE OF KUNTZ & SON INC. ; VS. RIBBS TRUCKING, INC. AND GREENWICH INSURANCE COMPANY COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 08-2216 CIVIL ACTION COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 08-4474 PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO ALL DEFENDANTS AND GARNISHEE And now comes the undersigned counsel in the above entitled case, pursuant to the Pennsylvania Rules of Civil Procedure, and requests production of the documents hereinafter described. This material will be examined and/or photocopied; photographic negatives will be processed and photographs reproduced. Said documents and 1 tangible things are to be produced at the Law Office of Paul F. D'Emilio, LLC 905 West Sproul Road Suite 105 Springfield, PA 19064. A written Response to this Request is required within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. 4007.4. The word "accident" when used refers to the collision involving a Ribbs truck vehicle on August 11, 2006. RECORDS TO BE PRODUCED 1. A complete copy of any and all insurance policies issued to Ribb's Trucking, Inc. including all endorsements and declarations pages. 2. All correspondence from Greenwich Insurance Company to Ribb's Trucking, Inc. and Patricia Leon. 3. Any and all correspondence between Defendant Greenwich Insurance Company and officers and/or shareholders and/or employees of Ribb's Trucking, Inc. 4. Any and all communication to governmental agency regarding Ribbs' policy. 5. Any and all correspondence or copies of any communication, no matter the form, including but not limited to cancellation notices or confirmation, between Greenwich Insurance Company, its officers, agents, shareholders, and or employees and any governmental agency or department regarding a policy of insurance issued by Greenwich Insurance Company to Ribbs Trucking Inc. 6. Any reservation of rights letters sent to any Defendant regarding the accident. 7. Any letters declining coverage regarding the accident. 8. Any and all notices of cancellation of the insurance for Ribb's Trucking, Inc. at any time. 2 9. A itemization of the date and the amount of any and all payments, premiums or otherwise, made by Ribb's Trucking, Inc., its officers and/or agents to Greenwich Insurance Company regarding any policy issued by Greenwich Insurance Company. 10. The entire contents of any investigation file or files and other documentary material in your possession which relates to the accident at issue in this litigation (excluding references to mental impressions, conclusions or opinions respecting the value or merit of the claim or defense or respecting strategy or tactics and privileged communications from and to counsel). 11. Any and all statements concerning this action, as defined by Rule 4003.4, including, but not limited to statements of any witnesses or of the parties, their respective agents, servants or employees. 12. All accident or incident reports prepared as a consequence of this accident. 13. Any and all reports prepared by any governmental agency, department or division which relate to this accident. 14. All photographs or videotapes taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 15. All photographs or videotapes taken of any injuries allegedly resulting from this accident. 16. Any and all documents containing the names and home or business addresses of all individuals contacted as potential witnesses. 17. Reports and curricula vitae of any and all experts who will testify at trial. 18. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by 3 Defendant, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 19. To the extent not already provided in response to the preceding Requests, any and all documents which set forth the nature and amount of any damages to the vehicle driven by Defendant or his agent resulting from this accident. 20. Any and all documents and communications containing the name, home and business address and qualifications of all persons who have been retained or specially employed by Defendant(s) in anticipation of litigation or preparation for trial and who are not expected to be called as witnesses at trial or as to whom no such decision has yet been made, and attach any documents or communications received from said person(s). If there are no documents or communications, then the name of said person(s) as well as their home and business addresses should be provided. 21. The name, home and business address of the insurance carrier investigators employed by the Defendant(s) or its insurance carrier to investigate this claim, treatment of the Plaintiff(s), witnesses, or any other aspect of the accidents that form the basis of Plaintiff(s) Complaint. Also, attach any documents, records or communications of or prepared by the investigator acquired as a result of their investigation (s), including but not limited to telephone calls, correspondence, facsimiles, e-mail, billing, inspections or observations, interviews, statements and/or findings. 22. The name, home and business address of the employee of Greenwich Insurance Company or its agent who processed or notified any governmental agency regarding any change in status or validity of an insurance policy underwritten by Greenwich Insurance Company for Ribb's Trucking. 4 23. The name, home and business address, background and qualifications of any and all persons in the employ of Defendant(s), who in anticipation and/or preparation of litigation, is expected to be called to trial. 24. Copies of internal memoranda, inter-office memos, facsimiles, e-mail or other documents or communications regarding this claim, made by the Plaintiff(s) and/or any agent and/or employee of Plaintiff(s), or their insurance carrier(s). 25. Any and all reports, communications and/or documents prepared by Defendant(s) or their employee(s)/agent(s) containing the facts, circumstances and causes of this accident. 26. The name and address of the adjuster who adjusted the loss to Ribb's Trucking, Inc. 27. All property damage estimates rendered for any object belonging to the Plaintiff(s) and/or Defendant(s) which was involved in this accident. 28. Any and all press releases concerning this accident or any accident relating to this lawsuit. 29. Any and all documents or other tangible materials of any nature whatsoever which you plan to have marked for identification at a deposition or trial, introduce into evidence at a deposition or trial, or about which you plan to question a witness at a deposition or trial. 30. Any and/or all documents or communications of any nature whatsoever which relate, refer or pertain to Plaintiff(s), any other party to this action, the accident, accident site and/or any instrumentality involved in the accident described in Plaintiff(s) Complaint. 5 31. All documents and/or communications relating to any facts on the basis of which it is asserted that the conduct of the Plaintiff(s) contributed to the happenings of the alleged occurrence or to the alleged injuries or losses suffered allegedly as a result of this accident. 32. Any and all communications, documents, correspondence, inquiries or memorandums between the Defendant Greenwich Insurance Company and the Federal Motor Vehicle Safety Commission. 33. Copies of any checks or records of payment to the Defendant Ribb's Trucking, Inc. for damages to its vehicle. 34. Copies of any checks or records of payment to the Defendant Ribb's Trucking, Inc. for medical expenses to its driver. 35. A list of all claims made by Ribb's Trucking, Inc. to Greenwich Insurance Company for the period December 1, 2004 through September 21, 2007 providing the date of loss, the claimant and the amount paid if any. 36. Copies of any cancellation notices sent to FMVCSA, (DOT)„ ICE or other government agency. 37. The name, home and business address of the employee of the carrier or its . agent who processed or notified any governmental agency of cancellation of insurance policy. UA&L aul F. D'Emilio, Esquire Attorney for Plaintiff 6 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF EMPIRE FIRE AND MARINE INSURANCE COMPANY AS SUBROGEE OF KUNTZ & SON INC. COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 08-2216 PATRICIO LEON . AND RIBB'S TRUCKING INC. CIVIL ACTION EMPIRE FIRE AND MARINE INSURANCE COMPANY AS SUBROGEE OF KUNTZ & COMMON PLEAS COURT OF CUMBERLAND COUNTY SON INC. VS. NO. 08-4474 RIBBS TRUCKING, INC. AND GREENWICH INSURANCE COMPANY CERTIFICATE OF SERVICE I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of Plaintiffs Request for Production of Documents Directed to All Defendants in the above- entitled matter has been served upon the following person on the 03 day of June, 2009 by first-class U.S. Mail, postage prepaid: Patrick C. Lamb, Esquire Anne R. Myers, Esquire MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. 1800 John F. Kennedy Blvd., Suite 1900 Philadelphia, PA 19103 (215) 564-6688 Paul F. D'Emilio, Esquire Attorney for Plaintiff xhibit Page 1 of 1 Myers, Anne R. From: Myers, Anne R. Sent: Thursday, July 02, 2009 2:12 PM To: 'Paul M. Schofield, Jr.'; 'PaulD@demiliolaw.com' Subject: Empire Fire and Marine Ins., Nos. 08-2216 and 08-4474 This email confirms that Greenwich Ins. may have until July 16 to serve timely responses to Plaintiffs Request for Production of Documents. Anne R. Myers Attorney at Law Marks, O'Neill, O'Brien & Courtney, P.C. Suite 1900 1800 John F. Kennedy Boulevard Philadelphia, PA 19103 215-832-4248 Direct 1215-564-6688 Office 1215-564-2526 Fax I www.mooclaw.com This message and any documents accompanying it contain information from the law firm of Marks, O'Neill, O'Brien & Courtney, P.C. which may be confidential and/or legally privileged. The information is intended only for the use of the individual or entity named as the original addressee. If you are not the intended recipient, you are hereby notified that any disclosure; forwarding, downloading, printing, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail or telephone and destroy the original transmission and attachments. 8/7/2009 xhibit " F MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. BY: Patrick C. Lamb, Esquire Anne R. Myers, Esquire plambAmooclaw.com; amyers anmooclaw.com ATTORNEY I.D. NOS. 70817/201900 1800 JOHN F. KENNEDY BOULEVARD SUITE 1900 PHILADELPHIA, PENNSYLVANIA 19103 (215) 564-6688 (tel) (215) 564-2526 (fax) Empire Fire and Marine Ins. Co. as subrogree of Kuntz & Son, Inc. Plaintiff, V. Patricio Leon and Ribbs Trucking Defendants, and Greenwich Insurance Co. Garnishee. Empire Fire and Marine Ins. Co. as subrogree of Kuntz & Son, Inc. Plaintiff, V. Patricio Leon and Ribbs Trucking and Greenwich Insurance Co. Defendants, Garnishee. ATTORNEYS FOR DEFENDANT, GREENWICH INSURANCE CO. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-2216 CIVIL TERM CIVIL ACTION COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-4474 CIVIL TERM CIVIL ACTION DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 1 of 23 To: Empire Fire and Marine Ins. Co., as subrogee of Kuntz & Son, Inc. by and through its counsel of record, Paul F. D'Emilio and Paul M. Schofield, Jr. 905 W. Sproul Road, Suite 105, Springfield, PA 19064 Greenwich Insurance Co. ("Greenwich"), by and through its undersigned attorneys, Marks, O'Neill, O'Brien & Courtney, P.C. hereby responds to Plaintiff's Request for Production of Documents Directed to all Defendants and Garnishee, served on January 8, 2009, as follows: GENERAL OBJECTIONS The following General Objections to Plaintiff's Document Requests are incorporated by reference to Greenwhich's Answers to Plaintiffs' Requests. The assertion of the same, similar, or additional objections or the submission of partial answers in Answers to Plaintiffs' Requests, as provided below, does not amount to a waiver of these General Objections. 1. Greenwich objects to Plaintiff s Document Requests to the extent that they seek information that is protected from disclosure by the attorney-client privilege, the work product doctrine, Pa.R.C.P. No. 4003.3, or any applicable other privilege, law, rule, or immunity. 2. Greenwich objects to Plaintiff s Document Requests to the extent that they seek trade secret, proprietary, confidential, financial, or commercially sensitive information, the disclosure of which could negatively impact Greenwhich's competitive or business position or result in a breach by Greenwich of an obligation to a third party to maintain such confidential information. 3. Greenwich objects to Plaintiff s Document Requests to the extent that they seek information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. 4. Greenwich objects to Plaintiffs Document Requests to the extent that they are over broad, or in response are unduly burdensome and/or require unreasonable efforts or expense on behalf of Greenwich. 5. Greenwich objects to Plaintiff's Document Requests to the extent that they are vague or ambiguous. 6. Greenwich objects to Plaintiff's Document Requests to the extent that they require answers beyond the scope required by all applicable rules of civil procedure and evidence. 7. Greenwich objects to Plaintiff's Document Requests to the extent that they seek premature discovery of expert testimony. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pace 2 of 23 8. Greenwich objects to Plaintiffs Document Requests to the extent that they impose an obligation on Greenwich to provide information for or on behalf of any person or entity other than Greenwich, and/or seek information that is not Greenwhich's possession, custody, or control. 9. Greenwich objects to Plaintiff's Document Requests to the extent that the information sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive than Greenwich. 10.. Greenwich objects to Plaintiff s Document Requests to the extent that the burden of deriving or ascertaining the information sought is substantially the same for Plaintiffs as for Greenwich. 12. The following answers are based upon Greenwhich's current knowledge. Additional information may be in documents that Greenwich has not yet received and or reviewed, or with witnesses that Greenwich have not yet interviewed and or deposed. As a result, Greenwich reserve the right to supplement their responses to Plaintiffs' Requests, in conformity with Pa.R.C.P. No. 4007.4. CONDITIONS AS TO PRODUCTION OF DOCUMENTS Greenwich's production of documents in response to Plaintiffs' Requests is made without waiving in any way, but on the contrary intending to preserve, the following: 1. All questions as to competence, relevance, materiality, privilege, and admissibility as evidence for any purpose in any subsequent proceedings or at the trial of this or any other action. 2. The right to object to the use of any documents produced, or the subject matter of any such documents, in any subsequent proceedings or at the trial of this or any other action on any ground. 3. The right to object on any ground to a demand for other discovery proceedings involving or relating to the subject matter of these Requests for Production of Documents. 4. The right at anytime to revise, correct, supplement, clarify and/or amend the objections and responses to these Requests for Production of Documents. Subject to and without waiving these General Objections and Conditions and to Production of Documents, or any other objection or claim of privilege, Greenwich hereby answer and object to Plaintiffs' Requests for Production of Documents, as follows. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 3 of 23 RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Request No. 1 A complete copy of any and all insurance policies issued to Ribb's Trucking, Inc., including all endorsements and declarations pages. Answer Greenwich objects to this Request for Production to the extent that it seeks information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Subject to this objection, see attached Greenwich Insurance Policy No. AE00017592. Request No. 2 All correspondence from Greenwich Insurance Company to Ribb's Trucking, Inc. and Patrici[o] Leon. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwhich's possession, custody, or control. Subject to this objection, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pace 4 of 23 Request No. 3 Any and all correspondence between Greenwich Insurance Company and officers and/or shareholders and/or employees of Ribb's Trucking, Inc. Answer Greenwich objects to this Request for Production to the extent that it seeks information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich fizrther objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. Request No. 4 Any and all communication to governmental agency regarding Ribbs' policy. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 5 of 23 Request No. 5 Any and all correspondence or copies of any communication, no matter the form, including but not limited to cancellation notices or confirmation, between Greenwich Insurance Company, its officers, agents, shareholders, and or employees and any governmental agency or department regarding a policy of insurance issued by Greenwich Insurance Company to Ribbs Trucking, Inc. Answer Greenwich objects to this Request for Production to the extent that it is over broad or unduly burdensome and requests documents that were generated by Empire Ins. Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. Request No. 6 Any reservation of rights letters sent to any Defendant regarding the accident. Answer Greenwich objects to this Request for Production to the extent that it is over broad; Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pate 6 of 23 Request No. 7 Any letters declining coverage regarding the accident. Answer Greenwich objects to this Request for Production to the extent that it is over broad; Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. Request No. 8 Any and all notices of cancellation of the insurance for Ribbs Trucking, Inc. at any time. Answer Greenwich objects to this Request for Production to the extent that it is over broad; Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 7 of 23 Request No. 9 A[n] itemization of the date and the amount of any and all payments, premiums or otherwise, made by Ribbs Trucking, Inc., its officers and/or agents to Greenwich Insurance Company regarding any policy issued by Greenwich Insurance Company. Answer Greenwich objects to this Request for Production to the extent that it is over broad; Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control pertaining to Greenwich Insurance Policy No. AE00017592. Request No. 10 The entire contents of any investigation file or files and other documentary material in your possession which relates to the accident at issue in this litigation (excluding references to mental impressions, conclusions or opinions respecting the value or merit of the claim or defense or respecting strategy or tactics and privileged communications from and to counsel). Answer Greenwich objects to this Request for Production to the extent that it is over broad or unduly burdensome and requests documents that were generated by Empire Ins. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 8 of 23 Request No. 11 Any and all statements concerning this action, as defined by Rule 4003.4, including, but not limited to statements of any witnesses or of the parties, their respective agents, servants or employees. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Subject to these objections, attached are all responsive documents in Greenwich's possession, custody or control. Request No. 11 Any and all statements concerning this action, as defined by Rule 4003.4, including, but not limited to statements of any witnesses or of the parties, their respective agents, servants or employees. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 9 of 23 Request No. 12 All accident or incident reports prepared as a consequence of this accident. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. Reauest No. 13 Any and all reports prepared by any governmental agency, department or division which relate to this accident. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 14 All photographs or videotapes taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control.. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 10 of 23 Request No. 15 All photographs or videotapes taken of any injuries allegedly resulting from this accident. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Request No. 16 Any and all documents containing the names and home or business addresses of all individuals contacted as potential witnesses. Answer Greenwich has not yet identified those individuals that it will call as witnesses in this above captioned matters. Greenwich reserves the right to supplement this response, as provided for in the Pennsylvania Rules of Civil Procedure and the orders of the court when such witnesses are identified. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 11 of 23 Request No. 17 Reports and curricula vitae of any and all experts who will testify at trial. Answer Greenwich has not yet identified those individuals that it will call as expert witnesses in this above captioned matters. Greenwich reserves the right to supplement this response, as provided for in the Pennsylvania Rules of Civil Procedure and the orders of the court when such expert witnesses are identified. Request No. 18 Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Defendant, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 12 of 23 Request No. 19 To the extent not already provided in response to the preceding Requests, any and all documents which set forth the nature and amount of any damages to the vehicle driven by Defendant or his agent resulting from this accident. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 20 Any and all documents and communications containing the name, home and business address and qualifications of all persons who have been retained or specially employed by Defendant(s) in anticipation of litigation or preparation for trial and who are not expected to be called as witnesses at trial or as to whom no such decision has yet been made, and attach any documents or communications received from said person(s). If there are no documents or communications, then the name of said person(s) as well as their home and business addresses should be provided. Answer Greenwich objects to this Request for Production as seeking information that is beyond the scope of discovery, as outlined by the Pennsylvania Rules of Civil Procedure. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 13 of 23 Request No. 21 The name, home and business address of the insurance carrier investigators employed by the Defendant(s) or its insurance carrier to investigate this claim, treatment of the Plaintiff(s), witnesses, or any other aspect of the accidents that form the basis of Plaintiff(s) Complaint. Also, attach any documents, records or communications of or prepared by the investigator acquired as a result of their investigation(s), including but not limited to telephone calls, correspondence, facsimiles, e-mail, billing, inspections or observations, interviews, statements and/or findings. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 22 The name, home and business address of the employee of Greenwich Insurance Company or its agent who processed or notified any governmental agency regarding any change in status or validity of an insurance policy underwritten by Greenwich Insurance Company for Ribb's Trucking. Answer Greenwich objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Poze 14 of 23 Request No. 23 The name, home and business address, background and qualifications of any and all persons in the employ of Defendant(s), who in anticipation and/or preparation of litigation, is expected to be called to trial. Answer Greenwich has not yet identified those individuals that it will call as witnesses in this above captioned matters. Greenwich reserves the right to supplement this response, as provided for in the Pennsylvania Rules of Civil Procedure and the orders of the court when such witnesses are identified. Request No. 24 Copies of internal memoranda, inter-office memos, facsimiles, e-mail or other documents or communications regarding this claim, made by the Plaintiff(s) and/or any agent and/or employee of Plaintiff(s), or their insurance carrier(s). Answer Greenwich objects to this Request for Production to the extent that it is over broad or unduly burdensome and requests documents that were generated by Empire Ins. Greenwich further objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pace 15 of 23 Request No. 25 Any and all reports, communications and/or documents prepared by Defendant(s) or their employee(s)/agent(s) containing the facts, circumstances and causes of this accident. Answer Greenwich objects to this Request for Production to the extent that it requires answers beyond the scope required by all applicable rules of civil procedure and evidence that is protected by the attorney client privilege and the attorney work doctrine. Subject to this objection, attached are all responsive documents in Greenwich's possession, custody or control. Request No. 26 The name and address of the adjuster who adjusted the loss to Ribb's Trucking, Inc. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous. The loss to Ribb's Trucking, Inc. was not insured by Greenwich. Subject to this objection, attached are all responsive documents in Greenwich's possession, custody or control. Request No. 27 All property damage estimates rendered for any object belonging to the Plaintiff(s) and/or Defendant(s) which was involved in this accident. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous. Greenwich further objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 16 of 23 Request No. 28 Any and all press releases concerning this accident or any accident relating to this lawsuit. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 29 Any and all documents or other tangible materials of any nature whatsoever which you plan to have marked for identification at a deposition or trial, introduce into evidence at a deposition or trial, or about which you plan to question a witness at a deposition or trial. Answer Greenwich has not yet identified documents responsive to this Request For Production. Greenwich reserves the right to supplement this response, as provided for in the Pennsylvania Rules of Civil Procedure and the orders of the court when such documents are identified. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Paee 17 of 23 Request No. 30 Any and/or all documents or communications of any nature whatsoever which relate, refer or pertain to Plaintiff(s), any other party to this action, the accident, accident site and/or any instrumentality involved in the accident described in Plaintiff(s) Complaint. Answer Subject to the objections contained in this DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS see all documents attached in response to DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS and all documents attached to Defendant Greenwich's pleadings in the above captioned matters. Request No. 31 All documents and/or communications relating to any facts on the basis of which it is asserted that the conduct of the Plaintiff(s) contributed to the happenings of the alleged occurrence or to the alleged injuries or losses suffered allegedly as a result of this accident. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is seeks information that is not in Greenwich's possession, custody, or control. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pape 18 of 23 Request No. 32 Any and all communications, documents, correspondence, inquiries or memorandums between the Defendant Greenwich Insurance Company and the Federal Motor Vehicle Safety Commission. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous and suggests that such communications, documents, correspondence, inquiries or memorandums actually exist and further suggests the extent to which such communications, documents, correspondence, inquiries or memorandums exist. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 33 Copies of any checks or records of payment to the Defendant Ribb's Trucking, Inc. for damages to its vehicle. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous and suggests that such communications, documents, correspondence, inquiries or memorandums actually exist and further suggests the extent to which such communications, documents, correspondence, inquiries or memorandums exist. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 19 of 23 Request No. 34 Copies of any checks or records of payment to the Defendant Ribb's Trucking, Inc. for medical expenses to its driver. Answer Greenwich objects to this Request for Production to the extent that is vague or ambiguous and suggests that such communications, documents, correspondence, inquiries or memorandums actually exist. The loss to Ribb's Trucking, Inc. was not insured by Greenwich. Therefore no such documents exist. Request No. 35 A list of all claims made by Ribb's Trucking, Inc. to Greenwich Insurance Company for the period December 1, 2004 through September 21, 2007 providing the date of loss, the claimant and the amount paid if any. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is vague or ambiguous and suggests that such communications actually exist and further suggests the extent to which such communications exist. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 20 of 23 Request No. 36 Copies of any cancellation notices sent to FMVCSA, (DOT), ICE or other government agency. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Greenwich further objects to this Request for Production to the extent that is vague or ambiguous and suggests that such communications actually exist and further suggests the extent to which such communications exist. Attached are all responsive documents in Greenwich's possession, custody or control. Request No. 37 The name, home and business address of the employee of the carrier or its agent who processed or notified any governmental agency of cancellation of insurance policy. Answer Greenwich objects to this Request for Production as seeking information that is not relevant to the subject matter of this litigation and is not reasonably expected to yield information relevant to the allegations of the complaint, to the proposed relief, or to the defenses of any defendant in the above captioned matters. Attached are all responsive documents in Greenwich's possession, custody or control. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Page 21 of 23 Respectfully submitted this 16th day of July, 2009, MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. By. Patric C. Lamb, Esquire )1o. 70817 Anne R. Myers, Esquire - No. 201900 1800 John F. Kennedy, Blvd., Suite 1900 Philadelphia, PA 19109 (215) 564-6688 Attorneys for Greenwich Insurance Co DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S RE WEST FOR PRODUCTION OF DOCUMENTS Pa a 22 of 23 CERTIFICATE OF SERVICE I, Anne Myers hereby certify that on July 16, 2009, I caused a true and correct copy of the foregoing DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS to be sent via U.S. Mail to all parties of record to the parties listed below: Paul F. D'Emilio, Esquire Paul M. Schofield, Jr., Esquire James P. McCoy, Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Patricio Leon 2414 970i Street East Elmhurst, NY 11369 Ribb's Trucking Inc. 116 Hobart Avenue Bayonne, NJ 07002 MARKS, O'NEILL O'BRIEN & COURTNEY, P.C. DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pate 23 of 23 c7 rJ H c \,, I Or-? N ° o A _ N ,tom 5 r ?' XCL ADMINISTRATIVE OFFICE Seaview House 70 Seaview Avenue Stamford, CT 06902-6040 (800) 688-1840 F7- ?. GREENWICH INSURANCE COMPANY HOME OFFICE 1201 North Market Street Suite 501 Wilmington, DE 19801 (800) 688-1840 Named Insured: RIBB'S TRUCKING, INC. Address: 1042 BROADWAY City/State2ip: BAYONNE NJ 07002 Policy Period: From: 12/01/2004 To: 12/01/2005 at 12:01 A.M., Standard Time at your mailing address shown above. Business Description: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE , AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. ` .? . PREMIUM Commercial Property Coverage Part $ 0.00 Commercial General Liability. Coverage Part $ 0.00 Commercial Crime Coverage Part $ 0.00 Commercial Inland Marine Coverage Part $ 0.00 Commercial Automobile Coverage Part $ 135,027.00 Boiler and Machinery Coverage Part $ 0.00 Taxes / Surcharges $ 1,350.27 Policy Premium: $ 136,377.27 Premium For Certified Acts of Terrorism: $ Excluded GIC-CP02 (2103) Page 1 0, 2003, XL Environmental, Inc. Insured Copy GREENWICH 00002 Policy Number: AE00017592 Renewal of: New Policy Premium For Non-Certified Acts of Terrorism: $ Excluded Form(s) and Endorsements(s) made a part of this policy at time of issue `: Omits applicable Forms and Endorsements If shown In specific Coverage Part / Coverage Form Declarations. Broker Name: New York Pacific Associates, Inc. Address: Suite A3 3285 Veterans Memorial Hwy City/State/Zip: Ronkonkoma, NY 11779 IN WITNESS WHEREOF the Company has caused this Policy to be signed by its President and Secretary and countersigned on the Declarations page by a duly authorized agent of the Company. Odin SECRETARY Countersigned: 1W. _A&*VAe4 . PRESIDENT (Authorized Representative) THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. GIC-CPD2 (2/03) m, 2003, XL Environmental, Inc. Page 2 Insured Copy GREENWICH 00003 New POO Renewal Of Number Policy No. AE00017592 REM ONE Named Insured and Mailing Address: RIBB'S TRUCKING, INC. 1042 BROADWAY BAYONNE, NJ 07002 C(L.AERCIAL AUTO COVERAGE PART BUSINESS AUTO DECLARATIONS (No., Street, Town or City, County, State, Zip Codef C_. CA 00 0312 93 ® The Declarations include a second part designated "Part 2." Policy Period: From 12101/2004 to 12!0112005 12:01 A.M., Standard Time at your mailing address shown above Form of Business: ® Corporation ? Partnership ? Individual OR ? Other IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO - SCHEDULE OF Thb poLY provides anly those coverages where a charge is shown it the premium column below. Each of these ooverages will apply COVERAGES AND COVERED AUTOS or y b dlose "autos" sho wn as covered "autos`. Autos" are shown as covered "autos" fora particular coverage by the wiry of one M nvvn rffr,u.-",6fi.....e.ery,R=0Cn At rTne- ..sn..,a A. w., n- c.. Y.. .??__ COVERED AUTOS (Entry of one or more of the LIMIT symbols from the COVERED COVERAGES AUTOS Section of the PREMIUM Business Auto Coverage THE MOST WE WILL PAY FOR ANY ONE Form stows which autos are ACCIDENT OR LOSS covered autos) LIABILITY 01 $ 1,000,000 CSL $124,035 PERSONAL INJURY PROTECTION (P.I.P.)" 05 SEPARATELY STATED IN EACH P.I.P. END MINUS $ If Any Ded. ADDED P.I.P. (or equivalent added No-fault cov) SEPARATELY STATED IN EACH ADDED P.I.P. ENDORSEMENT PROPERTY PROTECTION INS.(P.P.I.) SEPARATELY STATED IN THE P.P.I. ENDORSEMENT MINUS (Michigan Orgy) $ 0 Deductible FOR EACH ACCIDENT AUTO MEDICAL PAYMENTS 05 SEE POLICY/ENDORSEMENTS $7,898 UNINSURED MOTORISTS (UM) 06 SEE POUCY/ENDORSEMENTS $2,988 UNDERINSURED MOTORISTS (when not included in UM Cov.) 06 SEE POLICY/ENDORSEMENTS Included P ACTUAL $ Ded. FOR EACH COVERED AUTO, BUT NO DIED. COMPREHENSIVE COVERAGE CASH APPLIES TO LOSS CAUSED BY FIRE OR H D VALUE OR LIGHTNING- Y A. SPECIFIED CAUSES OF LOSS COST OF $25 Deductible FOR EACH COVERED AUTO FOR S M COVERAGE REPAIR LOSS CAUSED BY MISCHIEF OR VANDALISM I A WHICHEVER C G. COLLISION COVERAGE IS LESS $ Deductible FOR. EACH COVERED AUTO- A E MINUS L TOWING & LABOR $ for each disablement of a private passenger auto FORMS AND ENDORSEMENTS APPLYING TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE': See Endorsement #001 Attached PREMIUM FOR ENDORSEMENTS $126 ESTIMATED TOTAL PREMIUM $135,027 Covered DESCRIPTION PURC E TERRITORY: Town & State Where the Auto No. Year Model; Trade Name; Body Type Serial Number (s); Vehicle Identification Number (VIN) Original Cost New Actual NEW (N} Cost & USED (U) Covered Auto will be principally garaged See Schedule of Covered Autos You Own CLASSIFICATION Covered Auto N Radius of Operation (In Miles) Business use s=s i Size GVW, GCW o Vehicle Seating C i Age Group Primary Rating Factor Secondary Code EcCEPT for towing all physical damage loss is payable to you and the loss payee named below as interests ma ear at th a f th ti l o. erv ce r-retail c=eon m•l apac ty Liab Da a Rating Factor y pp e me o e oss See Schedule of Covered Autos You Own s Entry optional if shown in Common Policy Declaration B w Fors and Endorsements applicable to this Coverage Part omitted if shown elsewhere in the policy. y Authorized Representative THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY MCCL 01/07/2005 KESS 0005061827 GREENWICH 00004 ,IJD1 (2/03) Page 1 Includes copyrighted material of insurance Services Office, Inc, with its permission. Copyright, Insurance Services Office, Inc., 1993 Insured Copv POLICY NUMBER: AE00017592 C -*i rrcu TUC= rrnne'n CA 00 0312 93PART 2 BUSINESS AUTO DECLARATIONS (Continued) COVERAGE - PREMIUMS, LIMITS (Absence of a deductible or limit entry in any column below means that the limit or deductible AND DEDUCTIBLES entry in the corres ondin ITEM TWO column applies instead) LIABILITY P.I.P. ADDEO PIP. P.PI (Mlch.OnW AUTO. MED. PAY. COMPREHENSIVE SPEC. CAUSES OF LOSS COLLISION TOWING & LABOR (:overed Auto No. Limit (in Thor- sands Premium unit, minus dad. shown below Premium umir Premium Limit a minus dad. shown below Premium Umit (In Thou- sands Premium Limit" minus ded. shown below Premium Limit .. Prerrium Umit " minus ded. shown below Premium Limit per dis- ablemert Premium 7 2 See Sche dule of Covered Autos You Own 3 Total Premium Add? Coverage(s) - Premium. Lim Deductible: 'Limit stated In each applicable P.I. P. or P.P.I. Endorsement "Limit stated in ITEM TWO. ITEM FOUR - SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS. LIABILITY COVERAGE RATING BASIS, COST OF WIPF STATE ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH $100 COST OF HIRE FACTOR IF UAB.COV. IS PRIMARY) PREMIUM NJ If Any Flat Included cost of hire means the total amount you Incur for the hire of autos' you don't own (rat including 'autos' you borrow or rent from your partners or employees or their family members). Cost of Mrs does not include charges for services performed by motor carriers of property or passengers. TOTAL PREMIUM Included PHYSICAL DAMAGE COVERAGE LIMIT OF INSURANCE ESTIMATED ANNUAL RATE PER EACH $100 COVERAGES THE MOST WE WILL PAY, DEDUCTIBLE COST OF HIRE ANNUAL COST OF HIRE PREMIUM $ WHICHEVER IS LESS MINUS $ COMPREHENSIVE ACTUAL DEDUCTIBLE FOR EACH COVERED AUTO, BUT NO DEDUCTIBLE CASH APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING VALUE $ WHICHEVER IS LESS MINUS $25 SPECIFIED COST OF DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS CAUSED PERILS REPAIRS BY MISCHIEF FOR VANDALISM OR $ WHICHEVER IS LESS MINUS $ COLLISION DEDUCTIBLE FOR EACH COVERED AUTO ITEM FIVE SCHEDULE FOR NON-OWNERSHI P LL461LiTY TOTAL PREMIUM NAME INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM Number of Employees 26-100 $126 Other than a Social Service Agency Number of Partners Number of Employees Social Service Agency Number of Volunteers $126 ITEM SIX - SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS - LIABILITY COVERAGE - PUBLIC AUTO OR LEASING RENTAL CONCERNS Estimated Yearly RATES UMS PREM ? Gross Receipts ? Per $100 of Gross Recel is ? Per Mile I ? Mileage LIABILITY COVERAGE AUTO MEDICAL PAYMENTS LIABILITY COVERAGE AUTO MEDICAL PAYMENTS When used as a premium basis: TOTAL PREMIUMS FOR PUBLIC AUTOS MINIMUM PREMIUMS Gross Receipts means the total amount to which you are entitled for transporting passengers, mail or merchandise during the policy period regardless of whether you or any other carrier originate the transportation. Gross Receipts does not include: A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operating under their own ICC or PUC permits. B. Advertising Revenue. C. Taxes which you collect as a separate Item and remit directly to a governmental division. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing units operated during the policy period. FOR RENTAL OR LEASING CONCERNS Gross Receipts means the total amount to which you are entitled for the leasing or rental of "autos" during the policy period and includes taxes except those taxes which you collect as a separate item and remit directly to a governmental division. Mileage means the total of all live and dead mileage developed by all the "autos" you leased or rented to others during the policy period. '01 (2103) includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1993 Page 2 GREENWICH 00005 C. ? ENDORSEMENT #001 This endorsement, effective 12:01 a.m., 12/01/2004 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. It is hereby agreed that this policy is amended as indicated. It is agreed that under Item Two, Forms and Endorsements Contained in This Policy At Its Inception section of the Policy Declarations Page, is amended to include the following: Endorsement No. 001 Endorsements Attached to the Policy AUS1 02 03 Schedule Of Covered Autos You Own - Extension of Declarations Endorsement No. 002 In Witness Endorsement CA0302 12 93 Deductible Liability Coverage CA0001 10 01 Business Auto Coverage Form CA9948 09 02 Pollution Liability - Broad Coverage For Covered Autos - Business Auto Motor Carrier And Truckers Coverage Forms MCS90 04 00 Motor Carrier Endorsement IL0021 07 02 Nuclear Energy CA2305 12 93 Wrong Delivery of Liquid Products CA2230 11 04 New Jersey Personal Injury Protection CA2114 01 04 New Jersey Uninsured Motorists and Underinsured Motorists Co CA2001 1.0 01 verage Lessor-Additional Insured And Loss Payee Endorsement No. 003 Additional Insured - Lessor Endorsement CA0038 12 02 War Exclusion CA2369 12 02 Exclusion Of Certified Acts Of Terrorism And Other Acts Of Terrorism Above IL0017 11 98 Minimum Statutory Limits Common Policy Conditions IL0208 07 02 New Jersey Changes - Cancellation And Nonrenewal All other terms and conditions remain the same (Authorized Representative) GU207 (07/99) KESS 01/07/2005 GREENWICH 00006 ``- SCHEDULE OF COVERED AUTOS YOU OWN' EXTENSION OF DECLARATIONS POLICY NUMBER: AE00017592 ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN ..(Or e uivalent No-Faun cov.) -See ITEM FOUR for hired or borrowed "autos." Covered DESCRIPTION PURC HASED TERRITORY: Town & State Where the Auto No. Year Model; Trade Name; Body Type Serial Numbers • Vehicle Identificattorn Number (VIN) Original Cost New Actual NEW (N) Costa Used U Covered Auto will be principally garaged 001 1997 KW CONSTRUCT # 1)"D89XSVJ748744 Terr. 023, NJ 002 1998 PTRB CONVENTION # 1XP5DB9X5WN444815 Terr. 023, NJ 003 1999 KW CONSTRUCT # 1)0(WDa9)XXJ799501 Tarr. 023, NJ ' 004 2000 PTRB CONVENTION # 1XP6089X4YD487003 Tem. 023. NJ 005 2000 PTRB CONVENTION # 1XP5OB9X3YNSWlS7 Terr. 023, NJ 006 2000 PTRB CONVENTION # IXP5DB9X5YN539653 Tem. 023, NJ 007 2000 PTRB CONVENTION # 1XP5DB9XGYD480883 Terr. 023, NJ 008 2000 PTRB CONVENTION # 1XP5DB9X0YNS05331 Tarr. 023. NJ 009 2001 KW CONSTRUCT # 1XKDDB9)(21J874707 Tern 023, NJ 010 2001 KW CONSTRUCT # iXKWDB9X41R870846 Tarr. 023, NJ 011 2002 KW CONSTRUCT # 1XKDD89XO21892236 Tern. 023, NJ 012 2002 PTRB CONVENTION # 1XP6DB9)W2N575869 Ten. 023, NJ 013 2003 PT W CONVENTION # 1XP5DB9X13D595751 Terr. 023, NJ 014 2000 EAST TRAILER # 1E1U1X285YRL28391 Terr. 023, NJ 015 2000 EAST TRAILER # tE1U1X288YRE29829 Terr. 004, NJ CLASSIFICAT ION Covered Auto No. Radius of Operation (In Miles) Business use s=service r'retall C=comm'I Size GVW, GCW o Vehicle Sealing Capacity Age Group Primary Rating Factor Secondary Rating Factor Code EXCEPT for towing all physical damage loss is payable to you and the loss payee named below as interests may appear at the time of the loss 001 200+ c 050659 002 200+ c 050659 003 200+ c 050659 004 200+ c 050659 005 200+ c 050659 006 200+ c 050659 007 200+ c 050659 008 200+ c 050659 009 200+ c 030659 010 200+ c 050659 011 200+ c 050659 012 200+ c 050659 013 200+ c 050659 014 200+ c 050659 015 200+ c 050659 COVERAGES -PREMIUM, LIMITS AND DEDUCTIBLES (Absa mcfa delEtiealimterdyin ayookrm below nmmt dt a W ardeduc0sertyinte a naSpwft rTTEMTWOeokrmappres krslead UABILiTY P.I.P. ADDED PAR. PROP. PROT_ iMkh. only) AUTO. MED. PAY. UNINSURED MOTORIST'S COAAPREHENSNE SPECIFIED PERILS COLLISION TOWING & LABOR Covered Auto No. Limit (In Thou- sands) Premium Umit • minus deduWble shown below Premium Urdr Premium Limit • minus deductible shown below um Limit (in Thousands) Premium Limit (In Thousands) Premium rrit•• min daductlWe shorn below Premium unit •• Premium Unit •• minus deductible shown below Premium $25 per disablement Premium 001 5.996 5 384 35 152 002 5.996 5 384 35 152 003 5,996 5 384 35 152 004 5,996 5 384 35 152 005 5,996 5 384 35 152 006 5,996 5 384 35 152 007 5.996 5 384 35 152 008 5.996 5 384 35 152 009 5.9% 5 384 W 152 010 6,996 5 384 35 152 011 5,996 5 384 35 152 012 5.996 5 384 35 152 013 6.996 5 384 35 152 014 767 5 58 015 767 5 58 Total Premium .. . or t' mi rn AUS1 (2/03) Page 1 ?003, XL Environmental, Inc. GREENWICH 00007 Insured Cow SCHEDULE OF COVERED AUTOS YOU OWN EXTENSION OF DECLARATIONS POLICY NUMBER: AE00017592 rrCU TuDec _ cruGnt ti C nC r _AUr-Dr. I dl rrnC Vni1 nWN "Inr a idvatPnt Nr?_Faudt mu \ -Rap ITEM FnIIR for hired or hrurnwaA lxurfmC Covered DESCRIPTION PURC HASED TERRITORY: Town b State Where the Auto No. Year Model; Trade Name; Body Type Serial Number (s); Vehicle Identification Number (VIN) Original Cost New ACtwl NEW (N) Cost 8 Used Covered Auto will be principally garaged 016 2001 EAST TRAILER # 1EtU1X281111K30480 Tern. 023, NJ 017 2004 EAST TRAILER # lElFOU2894RD34643 Terr. 023. NJ 018 2002 EAST TRAILER #1E1U1X2W2R113134 Terr.023,NJ 019 2002 EAST TRAILER # lElUIX2392RD32095 Tern 023, NJ 020 2002 EAST TRAILER # SE1UIMX2RC31969 Terf. 023.14J 021 2003 EAST TRAILER # 1E1U1X2883RK32469 Terr.023. NJ 022 2003 EAST TRAILER # tEtU1X2843RK32470 Terr. 023, NJ 023 2003 EAST TRAILER # lElUIX2533RH32476 Terr. 023, NJ 024 2004 EAST TRAILER # 1E1F9U2804RD34644 Terr.023, NJ 025 2004 EAST TRAILER # SE1U1X2834RM34105 Terr.023. NJ 026 2004 EAST TRAILER # 1E1Ui)(2834RL34005 Terr. 023, NJ 027 2001 PTRB CONVENTION # 1)(P5D69X81 N562138 Tarr. 023, NJ 028 2003 EAST TRAILER # 1E1U1X2853RH324e3 Terr. 023, NJ 029 2003 EAST TRAILER #1E1U1X2863RK32471 Tetr.023.NJ 030 2003 EAST TRAILER # 1E1UiX2863RH32455 Tarr. 023, NJ CLASSIFICATION Covered Auto No. Radius of Operation (In Miles) Business use s=service r-retail c=comet 1 Size GVW, GCW o vehicle Seating Capacity Age Group Primary Rating Factor Secondary Rating Factor Code EXCEPT for towing all physical damage loss is payable to you and the loss payee named below as Interests may appear at the time of the loss 016 200+ c 050659 017 200+ c 050659 018 200+ c 050659 019 200+ c 050659 020 200+ c 050659 021 200+ c 050859 022 200+ c 050859 023 200+ c 050659 024 200+ c 050659 025 200+ c 050659 026 200+ c awe 59 027 200+ c 050659 028 200+ c 050659 029 200+ c 050659 030 200+ c 050659 COVERAGES LIMITS AND DEDUCTIBLES Obsereedodedj*6orM*er6yinaVooknnbebNnv stttfte6rritordedidba rkyfnftcotrewmingfiEMTWOodumappresistaad LIABILITY P.I.P. ADDED P.I.P. PROP. PROT (Mich. only) AUTO. MED. PAY. UNINSURED MOTORISTS COMPREHENSIVE SPECIFIED PERILS COLLISION TOWING s LABOR Covered Auto No. Umll (In Thou- sands) um limit • minus deductible shown below remium Umlt• Premium Unit • minus deducible shown below remitun Urril (In Thmmnds) Premium Und an Thousands) Premium t- minxis deductible shown below Premium Pr?emdum Unit" minus deductible shown below PrerNun $25 per disabletrtant Premium 016 767 5 58 017 767 5 58 018 787 5 68 019 767 5 58 020 767 5 58 021 767 5 58 022 767 5 58 023 767 5 58 024 767 5 56 025 767 5 58 026 767 5 58 027 5,996 5 152 35 384 028 767 5 58 029 767 5 58 030 767 5 b8 TOW Premium `VS1 (2103) Page 1 103, XL Environmental, Inc. GREENWICH 00008 C SCHEDULE OF COVERED AUTOS YOU OWN EXTENSION OF DECLARATIONS • POLICY NUMBER: AE00017592 REM THREE - SCHEDULE OF COVERED AUTOS YOU OWN -tnr erruivnient No.Fa11R rnv 1 C ... 4Z.. ITCI1d Cnl to in. ki-A Covered A t - DESCRIPTION - --------- • -- - °.. ?..? .... PURCHASED ....._..................cu vl IUVII V1Y?.u dYnN. TERRITORY: Town & State Where the u o Year Model; Trade Name; Body Type Serial Number s ; Vehicle identf cation Number IVIN) OW Cost New j ilud NEW (N) Cost & Used U Covered Auto will be principally garaged 031 2001 EAST TRAILER 00000000000003047e Tern. 023, NJ 032 2001 PTRB CONVENTION # 1XP5D89X71N544W8 Tert. 023; NJ 033 2004 EAST TRAILER # 1 EIUM884RL33986 Ten. 023, NJ 034 2004 EAST TRAILER # 1E1U1Y2814Rt.33988 Tern. 023, NJ 035 2004 EAST TRAILER # tE1U1Y2854RL33988 Terr. 023, NJ 036 2004 EAST TRAILER #1EtU1Y2834R634220 Terr.023,NJ 037 1996 FRHT CONVENTION # 1 FUYDSEB7TP672056 Tarr. 023, NJ 038 2000 PTRS CONVENTION # IXP5DB9XXYN523741 Terr. 023, NJ 039 1999 FRHT CONVENTION # 1F1JP0CZB00LA37100 Tarr. 023, NJ Covered Auto No. CLASSIFICATION Radius of Business Size GVW. GCW o Age Primary Secondary Code Operation use Vehicle Seating Group Rating Rating (In Miles) smservice Capacity Factor Factor r--retail rrcomm'l EXCEPT for towing all physical damage Was is payable to you and the loss payee named below as Interests may appear at the time of the loss 031 200+ c 050659 032 2W+ c 050659 033 200+ c 050659 034 200+ c 050669 035 2D0± c 050659 036 200+ c 050659 037 200+ c 050659 038 200+ c 050859 039 200+ c 0506% COVERAGES -PREMIUM. LIMITS AND DEDUCTIBLES Obsenoe ofa deduclle or6mterby inaryeotrmbebwff' mmteHhe GritordeducWe entry in the cmeqxnft M34 applies Coveted Auto No. LIABILITY Limit (In ernium Thar- sands) P.I.P. Limit* Prendurn minus deductible shown below ADDED P.I.P. Limit* Premium PROP. PROT_ Mich. only) Unit • Premium minus deductible shown below AUTO. MID. PAY. Limit Premium (In Thousands) UNINSURED MOTORISTS . Unit Premtlan (in Thousands) COMPREHENSIVE r it- n-inu Prernlum deductible shown below SPECIFIC PERILS Limit" Premium COLLISION Limit - Piemlum minus deductible shown below TOWING b LABOR = per disablement Premium 031 767 5 58 032 6.9116 5 384 35 152 033 767 5 58 034 767 5 58 035 767 5 58 036 767 5 58 037 5 996 5 384 35 152 038 5 996 5 384 35 152 039 5,996 5 384 35 152 Total Premium o g s - mo m, Im u e: a o ,,, o?„ AUS1 (2103) 2003, XL Environmental, Inc. Page 1 rr ??•?..... v.. .. ... r.,uv. ?.. ?.w --4wIITl 11111cm Iwov. Inellrprl Cnnu GREENWICH 00009 IN WITNESS ENDORSEMENT GREENWICH INSURANCE COMPANY ADMINISTRATIVE OFFICE: SEAVIEW HOUSE 70 SEAVIEW AVENUE STAMFORD, CT 06902-6040 STATUTORY HOME OFFICE: 1201 NORTH MARKET STREET SUITE 501 WILMINGTON, DE 19801 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS. WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company. President IL MP 9104 0704 GIC KESS 01/07/2005 Kenneth P. Meagher Secretary Insured Copy GREENWICH 00010 POLICY NUMBER: AECO017592 CA 03 0212 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY COVERAGE This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. I his endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 12/0112004 Named Insured Countersigned by (Authorized Representative) SCHEDULE Liability Deductible: $ 2,500 Per "Accident" "Bodily Injury" Deductible: $ Per Person $ Per "Accident" "Property Damage" Deductible: $ Per "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) LIABILITY COVERAGE is changed as follows: 2. Per Accident A. LIABILITY COVERAGE DEDUCTIBLE The damages that would otherwise be payable un- The damages caused in any one "accident" that would der LIABILITY COVERAGE for all "bodily injury" otherwise be payable under LIABILITY COVERAGE caused in any one "accident" will be reduced by the will be reduced by the Liability Deductible shown in the "Bodily Injury" Per "Accident" Deductible shown in Schedule prior to the application of the LIMIT OF the Schedule prior to the application of the LIMIT INSURANCE provision. OF INSURANCE provision. B. BODILY INJURY LIABILITY COVERAGE C. PROPERTY DAMAGE LIABILITY COVERAGE DEDUCTIBLES DEDUCTIBLE 1. Per Person The damages that would otherwise be payable under LIABILITY COVERAGE for "property damage" caused The damages that would otherwise be payable un- in any one "accident" will be reduced by the "Property der LIABILITY COVERAGE for "bodily injury" Damage" Per "Accident" Deductible shown in the sustained by any one person, in any one "accident," Schedule prior to the application of the LIMIT OF will be reduced by the "Bodily Injury" Per Person INSURANCE provision. Deductible shown in the Schedule prior to the D. OUR RIGHT TO REIMBURSEMENT application of the LIMIT OF INSURANCE provision. To settle any claim or suit we will pay all or any part of any deductible shown in the Schedule. You must reimburse us for the deductible or the part of the deductible we paid. CA 03 02 12 93 Copyright, Insurance Services Office, Inc., 1993 GREENWICH 00011 C: ENDORSEMENT #004 This endorsement, effective 12:01 a.m., 02/03/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of a return premium of $5442.89: DELETE Vehicle #1, 1997 KW Tractor #48744 Liab (1 MIL CSQ Med Pay (5000) UM (35,000). Tax TOTAL ANNUAL PREMIUM $5996 384 152 65.32 $6597.32 All other terms and conditions remain the same. P/R (.825) $4948 316 125 53.89 $5442.89 RIP Authorized Representative KESS 0310212005 Page 1 GREENWICH 00012 c.: C ENDORSEMENT #005 This endorsement, effective 12:01 a.m., 02/08/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of no change in premium: DELETE Vehicle #9, 2001 KW #74707 Liab (1MIL CSL) Med Pay UM TOTAL Tax TOTAL ANNUAL PREMIUM $5996 384 152 $6532 65.32 $6597.32 P/R (.811) $4863 311 123 $5297 52.97 $5349.97 R/P ADD Vehicle 2005 Peterbilt #63557 G-T23 CLASS:50659 Liab (1 MIL CSL) Med Pay UM TOTAL Tax TOTAL ANNUAL PREMIUM $5996 384 152 $6532 65.32 $6597.32 P/R (.811) $4863 311 123 $5297 52.97 $5349.97 A/P All other terms and conditions remain the same. Authorized Representative KESS 03/0212005 Page 1 GREENWICH 00013 ENDORSEMENT #006 This endorsement, effective 12:01 a.m., 03/14/2005 forms a part of Policy No. AECO017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of a return premium of $1197.84: DELETE Vehicle #17, 2004 East Trailer #34643 Vehicle #24, 2004 East Trailer #34644 Liab (1 MIL CSL) PIP TOTAL Tax TOTAL ANNUAL PREMIUM $767 58 $825 8.25 $833.25 P/R (.718) $551 . 42 $593 5.92 $598.92 x 2= $1197.84 RIP All other terms and conditions remain the same. KESS 04/1112005 Page 1 Authorized Representative GREENWICH 00014 ENDORSEMENT #007 This endorsement, effective 12:01 a.m., 03115/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of an additional premium of $595.90: ADD Vehicle 2005 East Trailer #35126 G-T23 CLASS:67659 Liab (1 MIL CSL) Med Pay Tax TOTAL ANNUAL PREMIUM $767 58 8.25 $833.25 P/R (715) $548 42 5.90 $595.90 A/P All other terms and conditions remain the same. Authorized Representative KESS 04/11/2005 Page 1 GREENWICH 00015 ENDORSEMENT #009 This endorsement, effective 12:01 a.m., 03/17/2005 forms a part of Policy No. AEC0017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of no change in premium: Endorsement # 8, the vin # on the addition of the 2005 East Trailer is amended to: lElUIY2825RG35125 All other terms and conditions remain the same. Authorized Representative KESS 05/02/2005 Page 1 GREENWICH 00016 ENDORSEMENT #010 This endorsement, effective 12:01 a.m., 03/31/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of an additional premium of $4426.83: ADD Vehicle #46, 1999 Kenworth Tractor #2511 G-T23 CLASS:50659 ANNUAL PREMIUM P/R (.671) Liab (1 MIL CSL) $5996 $4023 Med Pay 384 258 UM 152 102 Tax 65.32 43.83 TOTAL $6597.32 $4426.83 All other terms and conditions remain the same. Aut GREENWICH 00017 ENDORSEMENT #011 This endorsement, effective 12:01 a.m., 05/25/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of an additional premium of $1302.90 ADD 3 TRAILERS 2005 East Trailer #36503 2005 East Trailer #36504 2005 East Trailer #36505 G-T23 CLASS: 67659 Liab (1 MIL CSL) Med Pay TOTAL Tax TOTAL ANNUAL PREMIUM $767 58 $825 8.25 $833.25 P/R (.521) $400 30 $430 4.30 $434.30 x 3 =$1302.90 All other terms and conditions remain the same. GREENWICH 00018 C C ENDORSEMENT #012 This endorsement, effective 12:01 a.m., 07/11/2005 forms a part of Policy No. AE00017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of an additional premium of $652.46: ADD 2005 Mac #10115 ADD 2005 Mac #10116 G-T23 CLASS:67659 Liab (1 MIL CSQ Med Pay NJ Surcharge All other terms and conditions remain the same. GREENWICH 00019 ENDORSEMENT #019 This endorsement, effective 12:01 a.m., 07/26/2005 forms a part of Policy No. AEC0017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of no change of premium: ENDORSEMENT #13 is amended to read an additional premium of $724.17 All other teams and conditions remain the same. GREENWICH 00020 ENDORSEMENT #020 This endorsement, effective 12:01 a.m., 11/18/2005 forms a part of Policy No. AECO017592 issued to RIBB'S TRUCKING, INC. by Greenwich Insurance Company. In consideration of an additional premium of $259 + 4.53 (NJ Surcharge), the following vehicle has been added to this policy, Veh#61, 1998 Volvo Tractor, S/N: 4VG7DACJ7WN748535 Coverage/Limits/Deductibles- Liability $1,000,000 PIP BASIC Comp $3,000 Coll $3,000 UM/UIM $1,000,000 All other terms and conditions remain the same. GREENWICH 00021 Yw4LINSURANCE 505 Eagleview Boulevard Suite 100 Exton, PA 19341-0636 USA Phone 800-327-1414 Fax 610-458-8667 www.xiinsurance.com August 25, 2008 Frank Ribeiro Ribb's Trucking, Inc. 1042 Broadway Bayonne NJ 07002 RE: Insured Driver Claimant Date of Loss Issuing Company Policy Our File No. Dear Mr. Ribeiro : ACKNOWLEDGEMENT OF LOSS Ribb's Trucking, Inc. Victor Ramon Ramos Sui-Ling Pan 11/18/05 Greenwich Insurance Company AE00017592 08138430 This is to acknowledge receipt of the above-mentioned claim. Please direct all inquiries to my attention using the claim number referenced above. Thank you for your assistance and cooperation. If you have any questions, please contact me at (800) 823-7351, extension 9487 or at Aill.Helmig@xlgroup.Com. mss-, ` `r Bill Helmig Claims Analyst cc: New York Pacific Associates, Inc. GREENWICH 00022 Greenwich Select U?saz?nc Company, Indian Harbor Insurance Company, XL Insurance America. Inc.. XL h surance Company of New Yak, Mr.. Company, XL Specialty Irm anoe Company Members of the XL Capital group F • o 40 - . - No Op ° 1.? a?QIL t TM ?g p ~ ' y d? . o u. 0 10 fir. ` r v-? a I Ito +? ''.`JJ N.O s 0:010 ?IMI 00 2 RQ? O? Oldo. 4 1q aar? ? h>Q to .? C) LCJ3 0 -? 0 ID M O m 3? m w O K C O vtn a . GREENWICH 00023 C. YALINSURANCE Fax If this Fax is unclear, please contact Bill Helmig at 610-321-2901 520 Eagleview Boulevard PO Box 636 Exton, PA 19341-0636 USA Phone 800-327-1414 +1 610-458-0570 To: Fax No.: Frank Ribeiro 201-339-9366 Company/Division: Date: Page 1 of 1 Ribbs Trucking 11/1/07 CC: Fax No. From Name and Division: Fax No. Bill Helmig adjusting 610-458-2519 RE: [Auto Liability claim od 8/11/06 SUBJECT On October 22, 20071 faxed you requesting insurance information for an automobile claim of 8111106 involving Patricio Leon. A claim has been presented to XL/Greenwich by Allied Interstate as Subrogee of Empire Fire and Marine Insurance who incurred $62,131 in damages as a result of this accident. A review of the police report indicates that Ribb's may have liability for this damage. The claim is being presented to XL/Greenwich based on a filing with the F.M.C.S.A. However the XL/Greenwich policy expired on 12/1/05, prior to this loss. To date I have had no response regarding your insurance information. I have since received information from Allied that Ribbs may have had a policy with Progressive around that time, but the policy was cancelled prior to this loss. Please be advised that if this claim is pursued against Greenwich, we will be forced to join Ribb's in the litigation. If you had insurance at the time of this claim, please provide that insurance information and a contact as soon as possible. If Ribb's was uninsured for this loss, I suggest you contact Allied Interstate to attempt a resolution. Their contact information is : Allied Interstate Attn: Eric Fisher File # 402940 800-423-5305 x5516 Please call me with any questions. Greervmch Insurance Company. Indian Harbor Insurance Company. XL Insurance America, Inc., XL Insurance Company of New York Inc., XL Select Insurance Company, XL Spedafty Insuranoe Company Members of the XL Capital group The information contained in this facsimile message is privileged and confidential information intended only for the use of the individual and/or entity named above. If the reader of the message is not an intended recipient, or the employee or agent responsible to deliver it. to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address by mail. Thank you. GREENWICH 00024 Q YALINSURANCE Fax If this Fax is unclear, please contact Bill Helmig at 610-321-2901 520 Eagleview Boulevard PO. Box 636 Exton, PA 19341-0636 USA Phone 800-327-1414 +1 610-458-0570 To: Fax No.: Frank Ribeiro 201-339-9366. Company/Division: Date: ' Page 1 of 1 Ribbs Trucking 10/22/07. CC: Fax No. From Name and Division: Fax No.. _ [Bill Helmig adjusting 610-458-2519 RE: Auto Liability Insurance SUBJECT: Frank, I spoke. with you last week about a claim that was being. presented, by Empire Fire & Marine against Ribbs Trucking involving. a 8/11/06 accident with Patricio Leon. The XL/Greenwich Insurance policy with. Ribb's " expired. on.12/1/05. Please advise who had Ribb's Trucking's. auto. liability insurance in August 2006 and we. will direct the claimant to that company. If you. would like. to discuss, please give me a call at 610-321-2901. Thanks! Bill Helmig. Cyeerwirh Inwrarce Company. Wan Harbor Insuranoe Company, XL tnwrance Amenca. Inc.. XL Insurance Company of New York inc,. XL Select Insurance Company. XL Specialty In rands Company Members or MOM Capital group The information contained in this facsimile message is privileged and confidential information intended only for the use of the individual and/or. entity named above. If the reader of the message is not an intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the. above address by mail. Thank you. GREENWICH 00025 1Q1-1L- Clr too 11 rnuri- ' ' • t COMAA0Al1At'IEALTIH OF PEMSnVAINiA '^--e POLICE CW H TimG FORAIII raom AA 600 2 5 3? a o z i l -JUL f U:J/ 10 U-LO'3 trash NUwv%r P1156905 mow T ypo t 'd'r "' C? Kt & Run Vehide Q MegalN Packed Q l egaDy Paled Q Non • Mptodzed w twna+erdei Vd*k ® Yes Q SbtesO 0esad From ©Tn Q hnamVacE Padtstrtan Orl O edtiaa O inv+hreel0+air ex reNaCash No , 'takiaa' or sPtedestr/an an Skates in Who~ eti . C /ete FOR AC Section 2S YeS Complete Form A uratmo nt$t None Mi DAU of 6b-dil lM-DO-Y" b1 7Rle1 p T- M. 2 oE 07 197 Odue? Wt ANhaa h a i nber o L-1 el 3 7-7aG?o765 I Ader?at ?stae. z q C, t Ctrl l1 v2S7' r N J I 3 t'e ri Uctaas. Mober State Glass LL L" 5z8? S S NY fl ? °s s+rs? ?eserlal/hya?al Condldon ?r RL CID No O Reg* Drugs d MedkaUon ? c q t+Wiriral * c) IMegai mw U P-VO Q Medkatbn tv /?. C) Aja .tkd O Nootrot and ONg,. 0lklk(WA C:) Mad © kkk QO Ask-p Q Unknawn toono? rma ive? Tact Nol Glveo Q lrcath O Other Pdinary tkhlde lode YFrlation Claw? Q Blood ©W&te C) TTV W n' ;f w yes Ow S Q Ttst Reused (] ?s?k ?1Mt d hnr t'rrream t-tkirer OWmd 3-tkkll AW Scone Test 6h en © Contaminated (ksults t 7`? t wwc 4-Kit and Nun "0 Driver 9-Unknown L ? + 00-No Appk" 02=Plivate Vahir ie not 04-state Par" Vehide 07=mwkpal Polite Vah 09:Fedar+l Gov Veh OtaPrWAte Vehide OOn*V OWnedltased by Dnwai 0s¦PENNOUT Vahlde 08--Qther mLmbpal 484)OW 0 Z Low9d by 044 OY-Wigd X%Nde 05*Othw State GovVah GovgMnWjt Vehide 99AMknown Ouyner Irbje Name Owner test Name ar fua - Name U/ hedosrnwy skip this S m".,V R 1641 Rum 114 e ) NG. 1N l f . - Address / Ot t State y tVahttls MA •Make 1116 *-OBKr Aver: BA YOtshta N;E 0') oc?2. ACT c- ? ? VMt Model year vehum mo" tsee TM P S 1 $ '? Z t N S y 5 $ di o o I tS Dr-v c w-r5 j tIMM F41* flag. state ft speed MA* Towed Towed BY 13 l w N b c Yes (Z too (? "?? rJuranm tympany PORcy NO m Yes tO "0 Q Un- t SC-O-r s Pew j C-r? / 21 o S O• (i -? tw Pass. Veh 4-moblomodular tome 7.Serri iraikr Tog No Ta Year Taq St 1 2sTowhy Truk socaanper 8200w 3 Tow V U184 Trbaer 6"Trakr %Wkndwn O Q9 x,29 $ OG EE y (? aYR t O 3 Q v slat Usaesa O eAiY LJ VeA &N* bm OSvfatge Trud< 20--Wigyde6 Skye. wcwmqf t at Z ?o 007-.4iaer?y S 02-Moiorcyde O07 Van Z 1=Utl Pufakytb Pasawn ssenpet 0 h Kable ? per oa-gold Ot?kta 09?town 03; t iOo5rwwmoble 22.Norr I.Moy UtSm ff Truck i 1=faun F 234bM 6 R?it6faatr t 02-Arob.1mc, akTlactorlrOW QmRad 10-'t]ran9e 03eW tt ] t?FiMpk ftf Or, Comt>?tr Farm 12eCa OW Equip 2524?Train At Scekon 26) 13 7V .Tta8sy 03=Po5m 22RTwin trafar o8-Other Emergency t3+Trrpb Tresar Odsc2ma s. 2yy? (!f 20'04 •27.Comrriere ??D c veht 99 1 known Ftvm M Section 27) t 1=PuV p T??ansPOft 99.1into ov+n Fnltial Lnnati lbfiat Damaatt IAdkaror O 7? 01•tZOCtM*po u 1Ss: ?tfniteo ? ? 3=Diubbnp ?iradlcnt 3.DowniY7i ? triRVei a,T' iitlK3 8 AOomserK ? 12??dt 12 lop. g§A)f AOwn 9 tswn lx 461httnowe 9s?nkttUVtn "~ a waam (MALI PM4M DT COPY GREENWICH 00026 ?+pAv _LS. u l VV . A-& LAD%Ai 1 JVL 1 VU/ AU U 1-0-2 18668064 COMAOMMMM 00; 'A,?,fll?llIl?l?? Crash Nr Mgoo c !S9 3 0 .3 O If It if 5 G g o GVWR 4 ?a?fL ?V? vv ao ove?she tread Yes No ae as Q Uakmwn . ? BAYoNN?s 1 1-1 NQ'?oya?z l1 d" oa$ IS5 L (?rso lbslr 1'4na Q AsrW treespat y'? CO" ?°" O Mt AmBoAk O flat tied O Ttudc Tractor taobtaN l? CO YawEndosad eox ©t?uu ®°rac+? Not wpPG?ew. S f O our p , d o if Q Tradmr/Seml•naller(j) Q Cneo Tanis o cow** taxer Hp?fi ?y v OitSlU6a oe JY 1ru* - Cam oa VASMkIMAMOM O t? am Emw 1.dfit uamdow a crew © ?'T?stN v'?a, ?t9at mio t7 k*dadk9 aM9'U rya "97, Z7 _ to Oak Trade (2 Axles, 6 ? SaegieUeh Tnuk O or Ma?o wxNrJ O B???AnA?ih?an 1?? El El I El n ©?*t btw+kaown Ottu<r Q E ®huckJtrotlar(s) 0 unkr?vwa MO?-?Sa c t e No Reltuo 2 r Re We 0-- ra?t -0 Jh IMMnawrt - - GVWR oeaRice load O Yes Q so cliv sxt. ilv Q UalmwNs m J- LIJ uSMr kx. vac R io atoeAr twos r0 Mot Aplrlic" C) Flat Bed O Auto Treespon Q cad WMCfV% .Veh•rmuertQn_ ale O Truk Tractor (Bobtail) O $W A O vwf mcbsed Box 0 Dump Q But g QdS9NU-TrdA*r } or Car D O H i l d d T o car t b tanot0o kttxer Q t>tAernle?nown ax ?A aYsd ?a 1s Med . anaut O t t a i Smelt Bw?Sesra 5 O FLPV lwp,:$k& wnh?Na: r, P?taee at peg^ O Q Yes Q ldp (x - p gt t harar dous material class 1 9 44 o R* V* Th4 %7 Aides, 6 l 71 l Silts) BttS tljeats Mort ihm 15 O SH+sla Wait itudt p or Mage?urte- C kulutGng Ow re ndv" Tn tiekgo ? , --- rM( wA 0 O =of IAx (? Unknown a Q F] r r Release mefitefor t m so Belease i ? Reka? OcarredQ9 o Unk?n ftmDOT COPY GREENWICH 00027 11U--LiL- V if 00. 11 V IRA J ` 181368OG8+? ' toNgWi0i14 tT40 Of POMSYLVAM A ,j POLICE aMN REPORTING FORM AA 5fl0 2 `? `?'?- !,{Q 3 G FX71 7 I 1 ?l J JVL ? V J4 f LU U LUZ ?ra?,N nb? 1111113111 P1156905 Viltk* Fn Q NR&Rtn TMSPM Vehicle O Atasallr Parked U WAY Pardsd p No • MotwUW COmMMW VoWde i -" O Atdes6lart O PedaVan on sues, Q MAW Fran p train Q Pt+antom vetude to wvwm 4dtii , OR PWAM s Crags ®Yes D No (rl Y44 complete R7rrn Q 'Pedestrran• a' 'Wes tan og, Skater, iA 1Nheeklta1r W. eta Form 111 sectkrt z tJw Ne P1rst Name WO Veto of #kV4 (MM-DD-Y1 M ty 2. l-T d y p o? z t IT DOW Last Name Tvk on Numbei L 7/?' S'G 6 - GSs Sl /1 ? G o "*M r c' I Lin* a 1 ?f 3?e KA-c?1A2 R.n t?cs?r z°? f 7 0 ? G s Dr1Ver Manse number S OWN ! ?oaagGR Ply A/cohoUAruns ed Ostrer or ltdna -m 0&wkw eorre/6orr CD No O Mega) wV95 co Madw'ttion Q0 O U"'SftO D'% Q Fatigue Q Ateditatioh O AkQtlot Q AksJ1JO? and thugs O tntkwwn O pug p side q "eep © MOM" 0 ?bor rest 7Vne ® test ft 61"A 0 Breath Q Ohre' "?'?'yar'?° Co* tltolldort -,wow p stood p U*m Q ?natk g C? Ye: ®No N O N ar :er -h0 T"tRes & © Test Refused O ? Te ? G' Asa 1=0dwf Operated 3mWar Had Scene VAN* 4-M and Run ? st at n w s i . - . C lts Ode k am o evu 244 o nown r 9-Vo OwneNDrJvmr go.Not Apppc-w 02-P"w Wide Not 04.state PaRce Vd*?& 07-munldpel Paid Veh 09=Fedefal Guv Veh 01=Private Vehkb Owned/ Omefteased by DOW OSmKNNDOT V9*M 08=other Mu" m sapotttet D Leosad by vi(wer o3..Rented Vehicle 0660ther state Gov Veh Gouerrment vehicle 99?ntawwn c m . Owrtar Name *~r tart Umme m iuclnew Name f A.dasbrv+, skip t!r& SacNors). orlva li M I 'r 1. 2 0 MIS Aridness ! slam f Vahitte Make 'Amin code 5.56 mmvtwpj q? 17034 57??tNC1 l4 1 Nto" Year Val+ide MQM (ste r ieft) 1% m g A o z IF z r, o a v?lc+?a Ilceust plate . sate Est. speed Vwd& Towed Towed Sy Reeg ? ? ?- (t $ ? T Z t I+ r p t W Tes ONO Aj YG- J LY 3?L J ]?': t . P . . afrange tnswattce Company ® Yes One CD ugwwn Gmelfl-c- r7a i7 lyi9IL1N[>r GL (oGG 3 o a ?? i-TowkV Past. Veh 4vM0bil&Vkdi lar NOme 7eSm+T(5 t M No Tag Year Tag St ff. =eT OOc~ a_? ? U0* yI- ' 3.Tm0tkbv b?g ugs9i T?ztikt 6GFuY Trattet 9=Unkriown oa of on ids MOM d ? -' O ? e ?? Usane r O y Yift co y re YErL TM 05--iargeTnuk 2p.Unicyrk.BJQd4, i O O 1z fornnercial a ?Yettow O t 07a IAr Tiky?le 01.Automobite o6 ? 02s4btorgde 07=Van 2ia01her Fedald/de 00.4 of Appncablo c 01-fu 4 t3?Taxl 00-Gdd 01. Blue 09aSrown p2.pJn tO?Jb?ernoixte 2?n4torSa A Bu 4"maD Truk tlmla= EV'p 23=1?ot5e m Rider 02.Nnbutanco 21aTraclw Tfa?as 03ePotice 22;twtnYraitet 02=Red 1 e 03=Y?e t lwh pie (if 42 , fete rwin 12?onsv t Equ1P 24sTrah JK section 13&ATV 25?TroRay 0 . Ena9enq 23..7x', Jwix 31 t todi d Y l v 31 04=GMD 19=lk?kJtOVm 2=4dJV OkB{MtC S (y'70'or•21:Cor>tplety tl tfxrTypeSpecveh t18=Olher Farm At seer J 2n 19?nk. Type Sp?Yeh 99=Unkno.m? = ? e t e 11. e Transport •Wrknov+n ra a/ tmaact-psm RaJrJatte bdicator fir 3?Oownlutl tread Atkrrrment 00=NoreCoYt M 1a-tlederc?rdage f V Ot.t2::dodc fotnts iSz1&A*dfidl Ore 1mw 2-Tundbnat (.J 1 Usabing H21 t?lbvi4 4..BM Md i 1 id ` TOp of f10 tT?1 11 t?.Straigiht ? ED 2 13-Too 99?Unknown nrt> n ram a A&U0000 PK"HO 7T COPY GREENWICH 00028 .LIU 1L Of VU. 11 VllVrr a .laic. a -1 w w "wa ' issssoss?. r--- COMMYRALTH OF ti POUCE ?G! PC G TlfdG?ORM 00 ll.w Cush lagnbor paw. Aq 500 C ? 15- 336 0 a S c? con*utw If ! ? 5 la 9 0 7 -wi-c-two I Was OWN E? 7} 5 t? -13 1 s 4 bier tymrt. d fj ? F F4' 1 s d N s Address S9V l??2s.cs ?D GYM ?3Z8f? ovend:e toad O Yes co ate c >hm V I 1. c.s7o wd ?smote zi O ?inf<newB I?l?l t 1 03 G > !noon tcc nl t? l t O Not AppUahtQ O' Flattsxd O At1t4 Ttinspart O ce.aey m&W# MW-,, CbnNkarratlar O '?klldtiTki[tar(?ebRil? n !lot AmW*lo ar O ViNFr *sa soar - 0.018W O sys P Cer - adY Aacvrd if O . Traccorrst?ni-Trap6r{? O d o llt A4 di i k l ? ? ? a7 Cb C me Tank c:) ecacrete Wker O osfw?IUnknown ufa e wvy tiu p G- L mwe ir O 0. A t CDAW,=aatfit4zYMeirP 4 (Seaw 9•+sabople, © o Yes ® No v 1tAgtt? ardour taate?w clan &914, UnkTrutk R Axiof. 0 { Sao flan t{ O fOnpb s7nkTn,dc ? a More Ades} O ?? Indtld?lq >? A!r? a . a ? El Ontnown O 0dw I O s: a?Ax O ? ? ? ? O Trstd/Traller(s) Kkkaft* 1=1b Release i Release _OCWmdfa (kd&oyyn link va !lumber of A1des Cate1K Pbaa1 ?.yKitlr !lint! Address Qv" QYttdze Lord a CDC oft Katy O i1n ya ? ? it USDOW SIC-G^I PUC A''- 7 Cara! BedV T./e. O NatApptkable O AlA0 TtinspbA C] RXBed (? GarbagdRek" c'?allata3Rlen O NotAppliCWO O TnsdrTremor(Bo6tadQ 0 VVIVEa46W a0x 0 Ce o ?aft p Dump O am b O P Cyr • 001p Record If O nadOr/semHra cKO NaYMat iMaard tKsplay4d MedNs 611"y Vok • Cannot O ig N,wrdeur At5ra*r?t O Coattete M ?cr (' OthrrlUnknoWn ?br light Tiuck Nant1,,Mbtt•Vas, pawl, &1S laopb, ©Tld1uP aP SW wRll HaxMpt Pfar4fdl © O Yes Q No b t•dy oust ter<ot c? MnY ?? O ft)* iJn{t 1kyck El Ardas, 6 Bns faore lbep is ? ? ? D 0 Xgle Wt truck p or Mora ANIN) ? otnar O nmut of A?j?"kaawn C ((?~? 1 ? f El El vnlmown O O *UOUt'ratter(s) _ ._ Refaesa hwkw0? 1 = tab"* 1"Rol Ocrosd 99 r-Utkkftwa raw r#A-s wcomp PEWOOT DOPY GREENWICH 00029 iV iL. V. VV•i1 LIMI ' 188680884• l _J• COMMOMNEALTH OF PENNSYLVANIA POLICE CRASH REPOR'nNG FORM Page Mcoo s ^ ?')S'g3366 E K IIN91111¦I a...,.1 P 1156905 A t we? D erAcapent er D1-VdM -AB VBhidee 7'Padss n pp2?Fraf+t Seat tAiddlt Position 03? t s Ri l W ono / AppSwbfe G Amp k 0,*9 0kW v*lt ljW ism 02atap salt U 22e.rotirlf%g d 1 A d l Ad 03 B d x rort g eat e n r ar . op e l Use 3?Pa?5 q r 04-Scc9W Row - l?d?t S?We Or i l DS;? Os.Clrld Sol Sect used 9dlnbgWn U d M9ao?2 Poa i on se ser OWsmad Row - Pi trc side INS edt Jsed Impeb H a /Trotap?06 B F .remsk 07-11,ira Row or dnater - atey` 59.tc Used Im*WV Sae uo« Ope C)r Grvow - , ??d, Linbwwn 30 MAW 09.Yhird Row or Greater - p Oci ? BBabdt o mw Opcnip9 T t F/ m Ro S ? 10.5kC er Secoors a 7rudaab tt=tn ocher Etrcloaed C t+d0fed Pasenye? Arw O ? toxao = ied l M, l4luble F otafrant Ak Dag, ?or Ina Seaq eonran?+* t gag =lifer 7?TMou¢s Root Opersing tConveaDrk 02.SIde Air D Thq Sea M . 2.Mayo/1ryury 12A h ppp? ArW 3sMeder+$s OBedc Of fti*. Eire 3aTraSr h*m t' o3=Otlser Type Air eat' Oeplayed OAcMdWi Air B&O Oepl d Y ? gtM VetJcle eater;or Unk I5e B W ? ads t? t - ? t MU2 1 ? 9 ?1 wn it 99=Unbwwn Ma t.Air 0ep Switch off u o t oy N u mm t peels ild. ]=Exx"md By Medtanical Means L%* M" sewrd W Non - Medmkd Mums ?J M Baq.ReWmd Vrior Yo Cra ?0 8 UbUftdwn It Air gag Oepbyed q„Unknowit EµSAgeney, LQS`t PerNNSgaRp M.dtce?tlaeleb- (-?S Ys')?J• CtnnT?r2. Dekt.?a? cn-J O( 6 t p 6 0 7 S f M U o! 03 o d t o 1 J 1117 noocaa?F aaa Nana / Addrvsx / Phone ers - - GEMS Transport o0erebor Q Ycs ® No o2 4co0 Name / Aclamss I Phone wale tic , fiV15 TYimport >>Lor - (3 Yes d No unitm t© t7 DaLJ 1 -??L JDt 1 s? ?E1 _ Neale / Addfess / Phon! d fame as' O or bor _ W EMS TtBnspoft p s 1 C) Y. ONO Unit No Person No v Date of" '(MM-0D-YrM A B C (`??-?F F G H ) Oo? -t 1 1 F IFIE] FIET 1 Home / Addr"s I Plhone ? Sam as - !MS Ranspott op-4w O Yes O No Unit No larior No Date o Birth (MM-DD-VYY'A A e C 0 E FF G HH t O 7 - - ????m 111lu Name / AddMss / Phone © l.--r..l EMS Tmnspon O Yes Unit No Flacon No D•Mee7 Dale of Rk1h (MM-DD-YYYY) A B C D E F G W-1 m m o c?-c?-r maac?a?cr?a?oQa Mama / Addmp I Phone Osman" . F5 Tansprt aPKn O Yt s O No PENNOM COPY GREENWICH 00030 1? 1L. wit VU.1L. LLAAL VL?V ivva wiaa .r a, aavr .. •rw?a ? - .l96680684 ?? ` - - - S COPRMONWEALY14 OF PENNSYLVANIA J • POUCB CRASH K PORTING FORM . ffo AA 500 4 - S? 3N0 I n L JCPA. a Luf lU V L.UZ Crash Number P 1156905 Crash Desc*fe?:n- (? OdJOn Gbileion 2=Head on 4rMde " Pedeta un 0" ! 7- ?,,7 J 7_Rtx EnA ??ear ? ? +9Cti0A? Ob1? 1Ft ?IbNh t: R bn to veer, ?'j"? 13On TravW Carm 3=Mealen 5-.*ftkle Toffimay 74" ftw "Amoco") sha" p k ?f2 d" 6 "R ` - a, f t &ft* tone 9-uftawn o c is x ?/ M t Street 5;;DaWA 6-O W A n Y?SaeQ Bet F±1 It&eoeelri.n: '°«"aStia °teel41ten1 t=sleets r L :J 99FAh d F oa ag e. wr Road sr,. ton Otg . 0--or/ tdud OTC 4.F Pak nea 9=00w . t O tablet L' 3.?t0e 7a w a7.1.e 0 r Eve tJR U4 NMb*r , d a CD eMM" lwn Qlatm Even9 x "It hhet or WA 3 ,.I m su"M M? t,?, 2 ? O TEM 2 3 2 i 03-111 Unit 4 33 ?c tin Or Abutment S Other Tretfit UNt Of 4bittde _ Eva><s Jq 3 ? 01-1 Seauentfat 08 d t ? Animal D"t Ww ipitt 04 Ww • 3*6 t d WM OVw M nt R Ordd T 0 a+ t , t t p . m ire *ra n q'r Olpett 39*k ItoadNaY Eq k*- t l udc W Vnot I 4M4R Mag sox K t ..d...J 12=2nxi 0 Choi 2 t jt mf4clafand Mena Event t?R MaetT vtil?tY Pde Nutpber Unit "D ' Z t M Q 15 ? (laM 5 Sauter C 2 tell Odw TralNc Unit 48ehk OUwt iTwd_Objeet Sttrrbbery a??iltt tl fa?etdt Object . O Z 2 Q -TT 1?t TU 51 U By ihro?n 00. Fufu?9 e tbMK?FlIt Q w?k 2Ypt t cum Rai @1d PB O M . a+1112f tial 2 tonv8le Or 542r" k Vf" 1Lr olwrian a p . ' t7ktl No Hann Evat* Most unit No Marrs t?rmt 1 o Z d ( criedrash a.. rreHr eiu r w awtmoL orA.r.tcftan !W ,7dir "I . B?Y ea0a"e C t On Tho Wtang 02 [_nngg N?andJHdd Phone 5yd?? Road O.AIiMwtng91 Fire Phono 19xMaldrlg UtpF airli+wrenrnaslittes?verr Poturtw cbors I?t! s O C 2 3 aiwtutne ?a?MMy 1°r? oWt From Wra g t tfieg ftont ?f0 OOd4" ttaS goad Condldm 4cersnd+v) O,?COrdldont INSubstante On noadvwy. 02 WeadmrCaiddtions 13-pad olo dardats ?° °'9 we 21 ? Og ?amAfter Stop 22„Oreyl7nrkr?0 CAm _XiOw At Cum 03000atYUNdw Condidpns Id-lteken Or Cradled P^4nwt ? ? V T ' '6' 04-Dlet h Raadwzy 15L.iCh0 tltrstntaad 05 tadeOe Aoad?vay?Y Z&?Otkr Hoodwa?Fa 06e0t1tuMiraatfi!lttooeadd 2 dJ TOO FBSt.Fd GendRiora et T .4 ewke 25zFrdhxe To MdnNM wopar speed &I 2t3 &ffR"1Aglat (4d Chase) t ? 12s t?7+Gbre t9-Onri baironmental Fsctae OB*iA'Otk Zane ReWed 99=tlnktawn c?o 5 e o Z7-04) PO t3:t7egaNp s <JdAoe3 2g.PaiurQ 7 vse SpedaGiEd gVP t t_Gtekss Oc IBnC 92rA eA By PtiOr" Co dfCm t ? .n or 55 wt n Kontrof omc=bl rggaw 9?9?1lnk?itown Ot""?g Actio?ts 1&? 1. t R 0 . g ?aus aeddv,, . o,=revs Y*M ?.yj, u isyiwTer t( Ba 02-0iadce s y te 4 Y ( "eerirpSyftam 09= A O ? T 8 , Z i 3 4 ID I OS3bwr rap i I=MMkrad 9raOw> bkled t-Uneeowal5fu'ted N o G t O 4 2 ZOd tmWW>o TOw1rtq fa OTT 1 EE 21= 3 s Q lMndt4?dd 9 unit ail 1 t 2 9--1 n Pedeats dinfF? 03aWorkiig _ i l s- ?-•?+ Or le tl =fntetin90r f 4 At dt taJ aving Vs*w Od veto* ncka . iamb « Uait No Factor code woa p j I C? l7 1 ez- ?". ? mg Iking, unNa9. b99? Or Pbt,r+g 93-1lekrgwn EIR Y 0 P L?t11J1 0 C) ® O 1I EIR is the Ptime &Ctar vnhNu Q ? j ) a d unit no O Z FIB L ---? ?,--' 7^ leave thin Ab Wank PE:WWT COPY GREENWICH 00031 IW-14- 17 f IUO: 1L rtwri- 16868068 4 - ? - - --- - - -- COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORnNG FORM p? AA boo 6 17rdicer 1 s? 33 ?? a 1 -3YJL 111/ 10 U'-t c" c ??????????U? Crashu+unber p 1156905 1 1 t• ' i i ? f 1 I t ? 1 i `? ? ; Wltnesa Nsma A }ess Main f/voN4x ?it.1'Q4?Tt.! 2 Narad wand addiaand wig:et; Acddwd 4?veW ion ?' faun Ia' odd C® t ",%r Da 0 Nom Q?c-rscs l' 8 7 f+U vst'' & UM ?e 01 Utik wv Doti L +? y'? Z s BO714- UurlS w :r cst t &3 Uiv?TS 'T?h. :. op `. 7 v+u rvcrs =- Cam, It>?v ?Ma1N?i?.r? k ? sc o 7 ? - • C - - tut S W me TRAI LC Z. 44 m-Tt is Tr &{, AtaosS ak ob PJC wcr& WbS 7dttri CflnltrJ $c`. E o$ II 0!e <-- o$ oO s ,ll,? Qv(? v-a-- r0i?-??r t1N ?7- C-oaa vi wuo T h6sblol 1'YOPCA vz"e, oN v8 r? ?6 s3c i y 4, p Tcp rll ?r7 /f2? w•s,s Q+L v,w. ?N c ?2es?? ??' w•NUxl -- ff "Jo Ivre- r*z Lc, 7G.?s' At, -m r '1b 0r2127, utrm,, !4g" Wo (007C.OtAt A.3 Oocthir -5-r"ci< 141n, K 34) (kf. 9p, dv7' z )A 4,&n17yLlto mol WC'r "(, A S S ? elT tier, utp 1 o W wrja1J r NO 1J aYLllri SU ftMt??? 0 ?0G pumDu' COPY GREENWICH 00032 lb-1L- IOf 106: 1L rIRA7- 186680684 l 1-JlDL r1L/10 U-LO4 As authorized, the following Is 8 Certified Copy of the requested report. Cotrtr??sv!?eE Pennsylvania State Police GREENWICH 00033 110-1L-' 10f mb:1L rrnnt- t -?vJC r1J/ 18 U-L8'i Claim #= 402940.01(12) I ! I ! I I I I I I I RTE 81 IV I ?w - i5c . I . I SB I GREENWICH 00034 AV-16- G! W0.14 rnVCl- .t C • Claim 401540-01(12) 1 -JOL V -LIf LO U-404 HOW ACCIDENT OCCURRED: j . I Prior to this accident, the 10 was traveling 65mph Southbound on Route 81 in the right lane. The 10 claims that the Garbage truck was also Southbound in the left lane. The Garbage truck was slightly in front of the IV. i The 10 only remembers seeing his tailfights prior to the collision. The 10 daims that the Garbage truck came across both lanes and into the right lane. The 10 jammed on his brakes and swerved to the right The 10 thinks that the Garbage truck was traveling at approximately 60mph. The Garbage truck collided with the IV's 4 driver's side door, hood and front of tank POI to the Garbage truck was the passenger bed area and landing I gear. Both vehicles were still together and went off to the right shoulder. WHAT HAPPENED AFTERWARDS: I Following the accident the 10 lost Consciousness and then finally came to. Two State troopers arrived at the scene and took a report The ambulance arrived and transported the 10 to the hospital. The IO does not know if the driver of the Garbage truck reported any injuries. There were no citations given to the 10 and the police claimed he was not at fault The 10 heard later that there was a Van involved in the accident. The 10 only heard someone had to be out out of this Van. The 10 never saw a Van on the road or after. i 1 DAMAGES:. . DESCRIBE DAMAGE TO CONTACT VEHICLE: DRIVER'S FRONT DOOR, HOOD, MIRROR, AND 1 FRONT O TANK WAS CONTACT VEHICLE TOWED FROM SCENE? YES I IF TOWED: NAME/ADDRESWELEPHONE # OF TOW FACILITY OR SHOP. UNAVAILABLE DESCRIBE DAMAGE TO OTHER VEHICLE: POSSIBLY PASSENGER BED AREA AND I LANDING GEAR WAS OTHER VEHICLE TOWED? UNKNOWN DID THE POLICE RESPOND? YES IF YES: NAME OF POLICE DEPARTMENT STATE WHO CALLED THEM? UNKNOWN HOW MANY OFFICERS RESPONDED? TWO THEIR NAMES, IF KNOWN. UNAVAILABLE POLICE REPORT M UNAVAILABLE ANY C11ATIONSIWARNINGS? NO ANY ARRESTS MANE? WHOM? NO WI ESS: NAME/ADDRESSJTELEP14ONE #: NONE PASSENGERS: # PASSENGERS IN CONTACT VEHICLE NONE # OF PASSENGERS IN OTHER VEHICLE: UNKNOWN INJURIES O CON PERSON: WERE YOU INJURED? YES IF YES: WHAT PARTS OF BODY WERE INJURED? HEAD, RIBS, BACK HOW DID YOUR BODY MOVE OR DID YOU STRIKE ANYTHING IN THE VEHICLE? NOT SURE WERE YOU TRANSPORTED FROM THE SCENE? YES GREENWICH 00035 110-14"' b f 06: 14 Chum- ' C. Claim 402940-OL (I2) OF FNJSPfTAL: t -:1104 rt7! -Lis u- et5q C, # OF AND WHO AUTHORIZED IT? SPECIALISTS, ETC.. SPECIALTY WITH TH16 OR ANY OTHER MEDICAL PROVIDER FOR WITH NI ANY OTHER ACCIDENT? IF YES: ASCERTAIN IF IT WAS A PRIOR AUTO ACCIWNT OR WORK-RELATED INJURY. ASCERTAIN DATE OF OCCURRENCE AND PRIOR INJURY WHEN THIS LOSS' OCCURRED? IF YES: IF MEDICAL PROVIDER DIFFERS FROM :CURRENT PROVIDER, SECURE NAME, ADDRESS & PHONE LISTING OF PRIOR IF YES: - SECURE GENDER OF OCCUPANTS & WHATEVER INFORMATION IS KNOWN ADDRESS, TEL A OF ATTORNEY: 2006 Administrative Claita service Tel: 888-221-5945 Fax: 888-227-3299 The diagram below is An estimation of the facts as given %w"Vy V1%, TVl Lj.cI'18 1 rmnn.I f n 1 V,-"I /-1 ,- GI\19 I STATE HEALTH CENTER FISHBURN ROAD •. HERSHEY, PA; DATE UNKNOWN- FOUR VISITS } GREENWICH 00036 iu-14- of vo.1t rnVtr- . p 0'141%?artation %" r4M A &n1nfdratOr6. CIVIC. lob gcwL4erri CR-oad t11nw Cumbcrfand, (Rectnsifvanin t7ozo 9 Tq- 774'2600 October a, 2006 Mr. Rex Leeper Zurich . 13810 FNH Parkway Omaha, NE 68154-5202 RE: Claim: Policy: Insured: D/L: File: Dear Mr. Leeper. 402940 CLO660838 Kuntz & Son, Inc. 8/11/06 T8103731 1-OVJL r1U/ AO U-40-1 5 UM-M-2700 6 OCTl Z ?Ay 4114 Attached pieasc find ACV and salvage bids, ACV I was only able to obtain an ACV by calling Sterling dealers and they advised that this is a rare truck with a lift axle and mlve aluminum wheels. Most of these trucks come through with a dump body. I also contacted two stainless steel tanker sales and one advised that the tank was worth 530,000 and the other advised $32,000, so I figure $30,000 would be a fair price. This brings the net total of tank and cab and chassis in the amount of $67,066.66. Hcnvever, the stated amount policy of $65,000 applies. SALVAGE BIDS I have attached two salvage bids. One from C&H Truck Salvage who shows no interest in the truck, and one from Thomas Hribar Truck & Equipment in the amount of $7,797.00. The insured will retain the salvage for $7,797.00. He advised that he found a 2002 truck that he would like to replace this truck with and he needs that tank so that he can have it fixed and mounted on this truck " GatmsV4*na@ men( Si4figne' 4 9 Pk GREENWICH 00037 lYJ-1L- b! YJ8:1,1 rmA9- I ? Mr Rex Leeper Pge. 2 (M03731) TOWING & STORAGE _--JUZ Y17I18 U-Z84 As Per MY last report, towing and storage was paid by Rivers Truck Center in the amount of$3,555.30. They are charging $292,50 for dismantling all of the complete front to find the damages to the engine and checking for the oil leak > OkV?ATYONS It is the recommendation of this writer that settlement be structured as follows: ACV $65,000.00 Towing 3,555.30 Body Shop tabor to dismantle to check for ding to engine 292.50 Total $68,847.80 Less Salvage. 7,797.00 Less Deductible 2,500. 0.0 Net to Insured $58,550.80 799 "--M The insured stated that the replacement truck that he has found, they-will not bold for ' very long so he would like to settle this as quickly as passible. When we receive the police report, we will forward Name to your office. This will conclude this claim and we will be closing our file. If you should have any questions or comments, please contact the undersigned. We thank you again for the assignment. Sincerely, Transportation Program Administrators, Inc. Ron Winner RWrah Enclosure GREENWICH 00038 1V 14 VI V4J. 1J 111VLi r 1 : 07? 4""rtaf ion Program Administrators. q4w Cna+ba 4ma. Spal"I fvanta [Tom "onc 717- 774'-2600 a?kx 717-274-2700 1 ?VJ4 L LO/ LO U"G0'3 C 'inc. F?ntau?????9--4 Date oli.o9?_ t•,1ft;_IVT-------- VIN. :tc IFf, ",Ytl ??.._----- i3tstlc-ltr:txll Adja8LrrterIts (see atinc lunclIN) ------------------ ?JOtc ?. Address 'halts„ i?at? ?ri Cash Prue $p2,9 r lote. Actctranis a y. State. 7i? _----- Casti Frlce $ 3.t?l?- -- tpte Name, _ _ ._ - -- tliona - -_ Adclre: -?9- -_ -?4-. ---------- IZ - e3^ CasIi I'ricc---- F4--- _ --- Iola N.itttt- Adcfvc„gS ----------- -__-__ City. State, zip _.._..----------- i Moe ------------ Cash Price Average '3 ; _,.7d4,k4 _------ ' ????uV ???i?D ???1?'ut2 /ldjustrnt;nts 19 ? iscc corittuclils) atncnts_ _ Y.I _______________________.__-.____ _-- _ --------------•------_-_-- _ Appetisers Sign GREENWICH 00039 ACLINSURANCE 520 Eagleview Boulevard PO Box 636 Exton, PA 19341-0636 USA Phone 800-327-1414 +1 610-458.0570 Fax If this Fax is unclear, please contact Bill Helmig at 610-321-2901 To: Fax No.: Frank Ribeiro 201-339-9366 Company/Division: Date: Page 1 of 1 Ribbs Trucking 10/22/07 CC Fax No. From Name and Division: Fax No. [Bill Helmig adjusting 610-458-2519 RE. Auto Liability Insurance SUBJECT: „ Frank, I spoke with you last week about a claim that was being presented by Empire Fire & Marine against Ribbs Trucking involving a 8/11/06 accident with Patricio Leon. The XL/Greenwich Insurance policy with Ribb's expired on 12/1/05. Please advise who had Ribb's Trucking's auto liability insurance in August 2006 and we will direct the claimant to that company. If you would like to discuss, please give me a call at 610-321-2901. Thanks! Bill Helmig GREENWICH 00040 ]wL INSURANCE 520 Eagleview Boulevard PO Box 636 Exton, PA 19341-0636 USA Phone 800-327-1414 Fax 610-458-8667 www.xlinsurance.com October 16, 2007 Eric Fisher Allied interstate Commercial Services 31229 Cedar Valley Dr. Westlake Village, CA 91362 RE: insured Your Insured Date of Loss Issuing Company Policy No. Ribbs Trucking Empire Fire & Marine August 11, 2006 Greenwich Insurance Company AE00017592 Dear Mr. Fisher: This acknowledges receipt of your fax dated September 7, 2007 regarding the above- referenced matter. We regret to advise you that coverage for Ribbs Trucking expired on December 1 2005. Regards, Bill Helmig Claims Manager BH/mbn Grsw*ich GREENWICH 00041 ,Y" nc.. x? seleU Insurance may. SpWalty incur C° H1h ?° Mn,ranee M,erfeq irc . XL hisuranoB ^Pe?y rn New York. i Members or the XL Capital Woup .N August 25, 2008 ACKNOWLEDGEMENT OF LOSS Frank Ribeiro Ribb's Trucking, Inc. 1042 Broadway Bayonne*NJ 010,02 RE: Insured Ribb's Trucking, Inc. Driver Victor Ramon Ramos Claimant Sui-Ling Pan Date of Loss 11/18/05 Issuing Company Greenwich Insurance Company -Policy AE00017592 Our. File No. 08138430 Dear'Mr. Ribeiro This is to acknowledge receipt of the above-mentioned claim. Please direct all inquiries to my attention using the claim number referenced above. Thahk you for your assistance and cooperation. If you have any questions, please contact me at (800) 823-7351, extension 9487 or at Bill.Helmig@xlgroup.Com:' Regards, Bill Helmig Claims Analyst cc: New York Pacific Associates, Inc. GREENWICH 00042 FAR NUMBER: 631-580-5688 August 25, 2008 ACKNOWLEDGEMENT OF LOSS Claudia Fallon New York Pacific Associates, Inc. Suite A3 3285 Veterans Memorial Hwy Ronkonkoma NY 11779 RE: Insured Driver Claimant Date of Loss Issuing Company Policy Our File No. Dear Ms. Fallon : Ribb's Trucking, Inc. Victor Ramon Ramos Sui-Ling Pan 11/18/05 Greenwich Insurance Company AE00017592 08138430 This is to acknowledge receipt of the above-mentioned claim. Please direct all inquiries to my attention using the claim number referenced above. Thank you for your assistance and cooperation. If you have any questions, please contact me at (800) 823-7351, Bi11.Helmigoxlgroup.Com. extension 9487 or at Regards, Bill Helmig Claims Analyst cc: Ribb's Trucking, Inc. GREENWICH 00043 Ace Westchester Claims P_0. Box 25154 ° Lehigh Valley, PA 18002-5154 ace westchester www.ace4na.com Fax Transmission specialty gr up To: G From: This message is intended Br' ON (((/// Manny Molina only for the use of the cc: Fax: individual or entity to 866-635-5688 which it is addressed and may contain infor- Company/Department: Tel: mation that is privileged. 800-306-7743 ext_ 7872 confidential and exempt Fax: Date: from disclosure under 610-458-8667 August 14, 2008 applicable !ax'. Tel: E-mail: manny.inolina@acc-ina.com Re: Pages including cover: New Claim Your insured: Ribbs Trucking Your Policy # AE00017592 Claimant: Sui-Ling Pan Date of Accident Oct. 9, 2006 J+L' - rb , /a 0 USl tN('e?r eN ?s ??dL" ?104 000% GREENWICH 00044 LZO/T00 W1 SfATT?TVBt lfKiV'TATT WIV Arc ?n r i vsn VW.v .... CAESAR & NAPOLI . A1TORmn AT I Aw 350 BROADWAY JAMES C. Nmou NFw YORK, NEW. YORK 100131.3911 Or c0i"d TAO LW ZkzesoW (212) 226-2100 Rosexr STM DANA Bd. NORMa AFr FAx (212) 226-3224 RxwueD Bmm • aW adx~ In Newlersey 1C to /ks July 23, 2008 A estch pecialty Claims PO1 o 4 o, M• 0 Attention: Liability Claims Claimant: Sui Ling Pau Insured: Ribbs Tracldng - Policy No: H08293855 A.- -October 9, 2006 Dear Sir/Madam: Our File No. B29011JNQQ , ., This.fufn iepreseri s; the above-namedclaiinant in all claims resulting-from4njuries•andlor dar&ages;as-a xesu t igYxheaeg!igence o ybur.in§uied. Please final hole of oui epxe_s"enfatiSn-inthis mafterand direct all fintlier' co;m4unii:vw ; ng . and inquiries to ouraffices.' As ?vell;,please, advise us of the•nSnae of the adjust rand oth? claim' - number assigned. Lastly, we request written notification of the policy limits of your insured's.liability policy. Thank you. truly J C. Napoli •',1'lQA7JAi. :?r ?i7.X11,:•:_r:;?:i?`aitO'•: 1. sa`tlk:'.:a:L,..1::+) ;.$1'.:lnrafi:Ga.r.? • JCN/QQ . 3:1 aIs=.: -FZEE sugmdr rras?-fo 00cowr0S-. yz nnsfii=l?ic:s2s s aces rra aLillcxlat sc oTtpc ?r?inz;s?sIIg cS tf? srx? b`i ? ic?;s o nr? r?'? zs ApJ rQuni rz z1rs?CCL 3yq glwof a1I v.4F&coulmm cslroia;: gaci-s?:saiszs:I? o??s??orc?r?sn?:o??ostt rt=zrr?q• • • - , , - .7?72'? isbrsiz?rx?z ??s ?ao?x.?r'szucti clgr4tsn? rsr ?? c1?ls:: ?? ? , Izr? rul:u;?r, s?rc - . GREENWICH 00045 -- _ _ _ - _ -, OD72959400212451419 Received 814/2008 tzniznnfB 'akTT%TXM rf\TV. - -- __•--_- - - - - --- - 0 ace westchester specialty group August I4; 2008 Caesar & Napoli Attn: James C. Napoli 350 Broadway New York , NY 10013-3911 RE: Your Client: Insured: Policy # Date of Accident: Your File No: Mr. Napoli: Sui-Ling Pan Ribb's Trucking 00 8293 85 5 October 9, 2006 82901 LJNQQ C. Are Westchester Claims P.0_ Box 25154 Lehigh Valley, PA 18002. 5154 800-306-7743 exL 7872 tel 866-635-5688 fax manny.molina@ace-ina.com www.ace-ina.com Manny Molina Claims Representative Please be advised that our company insured Ribb's Trucking in March 2007 to March 2008. 1 contacted our agent to obtain the prior carrier's info. Our agent's info is: Trident Insurance Attn: Priscilla Gomez 10101 Reunion Place _ Suite 450 San. Antdnio, TX 78216 Ph: 210-342-8808 I spoke with Marsha at Trident Insurance who advised me that the insurance carrier that would have insured Ribb's for your client's date of accident would be: Excel Capital Insurance Grenich Insurance Agency Policy # AEC0017592 Ph: 212-915-7000 / Ph: 800-327-1414 Fx: 610458-8667 Contact: Brian Sanders I have faxed your letter of rep to Brian Sanders at Excel Capital Insurance. If you have any other questions in regards to claim I can be reached at 800-306-7743 ext. 7872. Thank you, ?f7anno i presentative GREENWICH 00046 L7.n/ennlm SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX SUI L1 iG PAN MOTION FOR DEFAULT JUDGMENT - Plaintiff - j ..wooH ?xNN ??NrN 4n C- - against - Index No.: 302974/07 ANTONIO CHEA, AUGUSTO CHBA, RIBBS TRUCKING INC. AND VICTOR RAMON RAMOS - Defendant - PLEA4QE TAKE NOTICE, that upon the annexed affirmation of James C. Napoli, duly affirmed on July 23, 2008, together with the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at an IAS Motion Support Part, Room 217 thereof, at the Bronx County courthousd located at 851 Grand Concourse, Bronx, NY 10451, on August 13, 2008, at 9:30 A.M., or as soon thgeafter as:counsel caa be heard, for an. Order, pursuant to CPLR §3215(a)(b),-directing that a Default Judgment be entered against Defendants VICTOR RAMON R&MOS and RIBBS TRUCKING, or in the alternative, setting this matter down Or an inquest in favor of the Plaintiff, assessing damages in a sum certain or fdr a sum which can, by computation, be made certain, awarding costs; attorneys' fees and sanctions to'Plaintfffs attorneys, and for such other and further relief which to this Court seems just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served upon the undefsigned within seven (7) days prior to the return date of the within application. ' Dated: New York, NY July 23, 2008 Yours, etc., JAMES C. NAP LI Caesar & Napol Attorneys for PI ' .g _ SUI-LING PAN •. 350 Broadway, I& Floor 1 GREENWICH 0004 { 7 LZo/too(n 5TWT)WW «uv'T?TT Vnv - - New York, NY 10013 '212-226-2100 Our File No. B29011.JNQQ TO: VICTOR RAMON RAMOS 1519 Metropolitan Ave., #1 G Bronx, NY 10462 RIBBS TRUCImG INC 116 Hobart Avenue Bayonne, NJ 07002 KAY & GRAY Attorneys for Defendant(s) , ANTONIO CHEA and AUGUSTO CIMA 875 Merrick Avenue Westbury, NY 1.1590 -(516)229-4400 ACE Westchester-Specialty Claims PO Box 5374 Chicago, IL 60680 Policy #: H08293855 Attention: Liabili ty Claims Scottsdale Insurance Company 8877 N. Gainey Center Drive Scottsdale, AE 85258 Policy #: CTS 7210506 Attention: Liability Claims Greenwich Insurance Company 1201 N. Market Street Wilmington, DE 19801 Policy No.: AE00017952 Attention- Liability Claims Y V _OM ^?O osoo woo-..ocn b Z ??N?yON Q C`!v X 2 - - GREENWICH 00048 LZO/800 $A[I?IVIQ QNVINI ROY cTa?ei ?7ro w.v --__ •-- .- ?_r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -- -- X SUI Lh TG PAN AFFIRMATION - Plaintiff - Index No.: 302974/01 - against - ANTONIO CHEA, AUGUSTO CHEA, RIBBS TRUCKING INC. AND VICTOR RAMON RAMOS - Defendant - James C. Napoli, an attorney at law, duly admitted to practice law before the Courts of the State of New York, and Member of CAESAR &.NAPOLI, attorneys for Plaintiff(s) herein, affums the following to be true under the penalties of penury. Your affirmant, fully familiar with-the facts and circumstancea surrounding the within _ issues, submits this affirmation in support of the within application for an Order; pursuant to CPLR §3215(a)(b), directing that a default judgment be entered against the Defendants, •VICTOR RAMON'RAMOS and.RIBBS TRUCKING, or, in the altdrnative; setting. this matter down for an inquest in favor of the Plaintiff, assessing damages in a sum certain or for a sum which can., by computation, be made certain, awarding costs, attorneys' fees and sanctions to Plaintiff's attorneys,-and for such other and father relief which to this Court seems just and prope'r. The within action was brought on behalf of Plaintiff, and involves a claim for the grievous and permanent personal injuries suffered by the Plaintiff when she was a Passenger who `o 0 - was struck by the vehicle owned by Defendant, R1:BBS TRUCKING and-operated by Defendant ._ oon $o _ VICTOR RAMON RAMOS. Annexed hereto and made a part hereof as Exhibit "A"is a copy at , ofPlaintiff's Summons and Verified Complaint. The Summons and Verified Complaint were >• ci s served on.Defendants and a copy of the Affidavits of Service thereof are annexed hereto and P ,;g w "' made a part hereof as Exhibit "B': 1 - -•-- - GREENWICH 00049 LZ01900(a amin" Qum' aov 9T6L5LLZT£ %Vd L£:£Z 900Z/£T/80 CPLR § 3012(a) provides that: 3012(a) Service of pleadings. Service of an answer or reply shall be made within DMMMdays after service of the pleading to which it responds. (Emphasis added) This Court's attention is respectfully directed to make note of the date in which the Defendants were properly served with the Summons and Verified Complaint, to wit: November 29, 2007. More than 7 months have passed since said Defendants were served, and to date, no appearance , answer or reply has been forthcoming from either Defendant, nor their representatives. The Defendants have failed, not only to make an appearance, but have also willfully and deliberately neglected to request an extension of time to answer and/.or make an appearance, In addition, by letter dated January 2, 2008, your affirmant advised Defehdants.of their default, requested that an answer be interposed to avoid a Default Judgment being entered and that the summons and complaint be turned over to his insurance carrier. This letter was sent by certifidd mail, return receipt requested and receipt thereof acknowledged by Defendants': •; , signature. Copies of said letters are annexed hereto-and made a part hereof as ZrIsibit "C". It is apparent that thvDefendants will not proceed witli their defense. In spite of the fact - that your affirmant's office has determined the Defendants herein to be the proper parties to this action, and has to this date proceeded in the prescribed manner to unveil their roles and ultimate culpable conduct iri the events Which led to the within- accident, said Defendants have willfully and deliberately failed-to-make an appearance and defend those claims asserted against them and, therefore, have defaulted. Thus, the Defendants' default herein has been intentional or willful on their part; designed 8 to prejudice or hamper Plaintiffs ability to litigate this action expeditiously. Plaintiff(s) z g a has(have) a meritorious cause of action and it is your affirmanf s belief that sound public policy a N N and judicial equity mandates that the issues involved herein be decided on the merits '_ ANN v a . In view of the foregoing, the within application is made pursuant to CPLR §3215(a), z it which states: - §3215. Default judgment. 2 -`- GREENWICH 40050 LZO/LOOO 311Im Q11V'INI ???' ST6LSLLZT£ YVd L£:£Z 800Z/£T/80 (a) Default and entry. When a Defendant has failed to.aUUeaT. plead' of proceed to trial of an action...., the plaintiff inky seek a default judgment agaainst him. If the plaintiffs claim is for a. certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after-the default. The clerk, upon submission of the requisite proof, shall enter judgment for the amount demanded in the complaint or stated in the notice service pursuant to-subdivision (b) ofrule 305, plus costs and interest.- (Emphasis added) For all of the foregoing reasons, it-is respectfully requested that in addition to the specific relief sought herein, that costs, attomeys' fees and sanctions be awarded to Plaintiffs attorneys, to be paid by Defendants due to their cavalier disregard exhibited herein, including the necessity of the within application, in the event this Count sees fit not to enter a default judgment at this time. No previous application for the relief sought herein has been made td this or any other -8 0 l?p N ??OM ! 4 b" fV h M CourL WHEREFORE, it is respectfully requested that an Order be entered, pursuant to CPLR §32I5(a)(b), directing that a default judgment be entered against Defendants VICTOR RAMON RAMOS and RODS TRUCKING herein or, in the alternative, setting thi$-matter down, for an inquest in favor of the Plaintiffs, atsessing damages.iu a sum certain or for a sum Ws ich can, by computation, be made certain, a*arding costs, attorneys' fees and sanctions to Plaintiffs attorneys, and for such other and further relief which to this Court seems just and proper. Dated; New York, NY June 23, 2008 J APOLI ' 3 -GREENWICH 00051 :ZO/8000 HXIWM Q1NVUI H3V SIBLSLLZTt: XV8 LCM SOOZ/£i120 V 3!9!4X3 c.cuis001p} 9II"N GNrINI HaV ST6LSLUT£ Iva 8£:£4 goo?/£T/8o LZd/OTO?J $11I2IVA[ Q?IV'IrII MV STUSLLZT£ INA 8£:£Z SOOZ/£T/SO SUPREME COURT OF THE STATE OF NEW YORK Index No.: ' COUNTY OF BRONX Date Purchased: SvI-DING PAN -X SUMMONS -plaintiff - Plaintiffs designate Bronx County as the place of trial. - against - The 7? asis of venue is: ANTONIO CHEA, AUGUSTO CHl?A Defendant's residence RIBBS TRUCKING INC AND VICTOR RAMON .Defendant reside at: RAMOS -1519 Metropolitan Ave. #1G -Defendant - Bronx, NY 10462 To the above named Defendants: 'You are hereby-summoned to answer the complaint in this actionrand to serve a copy, of your answer, or, if the complaint is not served with this sungnons, to serve a notice of on the Plaintiff's attorney(s) within twenty days after the service. of this summons, exclT?ee?the. day ofservice, whereservice is made by delivery upon youpersonaUywithin the state, or, with&30 days after completion of service wheie service is made in•auy other manner. In case ofyour failure #o appear or answer, judgment will be taken against Yqu by.ilefault for the relief-demanded in•the complaint. -Dated: New York, NY November 16, 2007 / C, C4 z° p??0 N ? ANN o z u. TO: ANTONIO CHEA - 625 Rugby Road, 0A Brooklyn, NY 11230 AUGUSTO CHEA 625 Rugby Road, #3A Brooklyn, NY 11230 RIBBS TRUCKING INC 116 Hobart Avenue Bayonne, NJ 07002 VICTOR RAMON RAMOS 1519 Metropolitan Ave., #1G Bronx, NY 10462 Caesar &.Nap Attoracys for tiaaiin_d_ff SUM LING PAN 350 Brdadway, 10' Floor New York, NY 10013 212-226-2100 Our File•No. B*Z901 I JNQQ GREENWICH 00054 LZO/TTOIA amiux QI1 mi Env ST6LSLLZT£ YV,d W£Z 800Z/£T/80 a w p O N Z.'a;?•?'o n '£9^ v? -tau M SUPREME COURT OF THE STATE OF NEW YORK COUNTY'OF BRONX -- --- X V19RIFMD-COMPLAINT SUI LING PAN Index No.: - Plaintiff - Date Purchased: - against - ANTONIO CHEA, AUGUSTO CHEA, RMBS TRUCKING INC AND VICTOR RAMON RAMOS ' - Defendant - Plaintiffs, by their attorneys, CAESAR & NAPOLT, complaining of the Defendants, respectf illy allege, upon information and belief: AS AND FOR A FMT CAUSE OF ACTION ON BEHALF OF Siff- T ING PAN 1. At all times herein mentionedi Plaintiffs weke, and still are, residents of the County ofY NGS, State ofNew-York 2: At all-times herein mentioned, Defendant ANTONIO CHBA was, and still is, a resident of the County ofKings, State ofNew York. 3. At all times herein mentioned, Defendant AU GUSTO CH}?A was, and still is, a resident of the County of Kings, State ofNew York 4. At all times herein mentioned, Defendant RIBBS TRUCKING INC was, and still is doing business in the State of New Jersey. 5. At all times herein mentioned, Defendant VICTORRAMONRAMOS was, audsUll is, a resident of the County of Bronx, State of New York 6_ .-At all times herein mentioned, Defendant ANTONIO CHBA was the owner of a motor vehicle bearing New York State registration number DCG9663. 7• At all times herein mentioned, Defendant AUGUSTO CHEA operated the aforesaid motor vehicle bearing New York State registration number DCG9663. _ • .;s GREENWICH 00055 LZO/ZT01M amim QtQV mi a3v 9T6L4LLZT£ YVd 8£ t £Z 800Z/£T/80 t 0 Q rn a SO '0 C14 ?! a 1-44A 'A' az M 8. At all timeshdrein mentioned, Defendant AUGUSTO CHEA operated the aforesaid motor vehicle with the permission-of Defendant ANTONiO'CHEA 9. At all times herein mentioned, DefeddantAUGUSTO CHEA operated the aforesaid motor vehicle with the consent of Defendant ANTONIO CHEA. 10. At all times herein mentioned, Defendant AUGUSTO CHSAoperated the aforesaid motor v-chicle in the scope of his employment. 11. At all times herein mentioned, Defendant ANTONIO CHEA managed the.afoiesaid motor vehicle. 12. At all times herein mentioned, Defendant AUGUSTO CHEA managed the aforesaid motor vehicle. 13. At all times herein mentioned, Defendant ANTOWO CHEA controlled the aforesaid motor vehicle. 14. At all timcsherein mentioned, Defendant AUGUSTO CHEA controlled the aforesaid- motor vehicle. 15. At all times herein mentioned, Defendant RM13S-TRUCKING INC was the owner of a motor vehicle bearing New Jersey-State registration number AH669N. 16. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated a motor vehicle bearing New Jersey State registration number AH669N. I, 17. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated the aforesaid motor vehicle with the knowledge of Defendant RMBS TRUCKING INC. 18. At all-times herein mentioned, Defendant VICTOR RAMON RAMOS operated the aforesaid motor vehicle with the permission of DeferidantR.IBBS TRUCKING INC. 19. At all times-herein mentioned, Defendant VICTOR RAMON RAMOS operated the aforesaid motor vehicle with the consent of Defendant R11313S TRUCKING INC. 20. At all dines herein mentioned, Defendant RIBBS TRUCKNG INC managed the aforesaid motor vehicle. 2-1. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated t& aforesaid motor vehicle in the course of employment. GREENWICH 00056 LZo/£Tofgl gAtIux MT mi aov SUL4LLZi£ YVd 6£:£Z 800Z/£i/So 22. At all times herein mentioned, Defendant VICTOR RAMON RAMOS managed the aforesaid motor vehicle. 23. At all' tunes herein mentioned, Defendant RIBBS TRUCIC NG INC controlled the aforesaid motor vehicle. 24. At all times herein mentioned, Defendant VICTORRAMONRAMOS controlled the aforesaid motor vehicle. 25. At all times herein ieationed, Plaintiff SIR LING PAN' was a passenger in the vehicle owned by Defendant ANTONIO CBEA and operated by Defendant A(JGUSTO-CHEA. 26. At all times herein mentioned, the Bruckner Expressway; it or nearHunts Point, Bronx,'NY, were public ioadways and/or thoroughfares. 27. That on October *9, 2006, at the aformentioned location, the aforementioned motor vehicles-were-involved in a collision. 28. That as a result of the aforesaid contact, Plaintiff SUI T ING PAN. was injured. 29. That the aforesaid occurrence was caused wholly and solely by reason of the - negligence of the Defendants without any fault or negligence on the part of the. Plaintiff contributing thereto. 30. That Defendants were negligent, careless and reckless.in the ownership, operation, management, maintenance, supervision, use and control ofthe aforesaid vehicle and the Defendants were otherwise negligent, careless and reckless under the.circumstances then and- there prevailing. Y 31-. That. by reason of the foregoing, Plaintiff SUI LING PAN sustained severe and permanent personal injuries; and Plaintiff SUI LING PAN was otherwise damage4. 32. That PlaintiffSUI-L]NG PAN sustained serious injuries as defined by §5102(dkof 4 the insurance. Law of the State of New York.. o . w N. 33. That Plaintiff SUI-LING PAN sustained serious injuries and economic loss greater a 2$g, a , -'; %0 than basic economic loss as defined by §5104 of the Insurance Law of the State ofNew York. Cog =.Q v N 34. That Plaintiff -SIJI LING PAN is not seeking to recover any damages for which Uq -- h 2 e. Plaintiff has been reimbursed by no-fault insurance and/or.for which no-fault insurance is obligated i - GREENWICH 00057 LZO/6Tofn HNI2YVIQ awilm Hav 9T6L4LLZIE %Vd W£Z 8009/£1/$0 to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 35. That this action falls within one or more of the exceptions set forth in CPLR §1602 including but not-limited to•§1602(6) & (7). 36-- That by reasoa of the foregoing, PlaintiffSUI-LING PAN has been damaged in asum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demand(s) judgment against the Defendants herein on all causes of action, in a sum exceeding the jurisdictional iimits.of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, NY November 16, 2007 •,. - Yours; ct•. JAMES Al'OLI - • Caesar apoli Attorneys for Plaintiff SUI-LING PAN 350 Broadway, I Wx' Floor New York, NY 10013 212-226-2100 Our File No. B2901 I JNQQ y L 41 O O M ? '-? ?+ O N aO?OtN•f ?.`6NN v Uozv1= M LZO/STOIM . -7 HNIIM QNVUJ $DV GREENWICH 00058 1 916L9LLZT£ YVrI 6£:£Z 900Z/£T/80 A'TTORNEY'S VERIFICATION V Q P•1 R, . qQ.? O Cn coo z ?- M ?zo/azo@j JAMES C. NAPOLI, an attorney duly admitted to.practice before the Codrts of the State ofNew York, aff has the following to be true under the pepalties of perjury: I am an attorney at CAESAR & NAPOLI, attorneys of record for PlainWY(s),SLA LING PAN. I have -read the - annexed COMPLAINT and know the contents thereof; and the same are true to my knowledge, except those matters therein which dre stated to be alleged upon information and belief, and as to . those matters I believe them to be true. My belief, as to those matters thereip not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because PIair itiff(s) is/are not presently in the county wherein I maintain rdy offices. DATED: New York, NY November 16,.2007 TAMES C. NAP Y HKI2lVIt qX INI HDV t R . ?i ..Y GREENWICH 00059 9T6L9LLZT£ XVd 6£:£Z 900Z/£T/90' +!q!4x3 LzoiLTOln HOUR amvliNI zav STBLSLLZT£ YV3 06:£Z SOOZ/£T/80 GREENWICH 00061 ?!G!4x3 916LSLLZT£ TVA 06:£Z 800Z/£T/90 no/8T00 ENIUM ONIPIN[I &7V SUPREME COURT OF'THE STATE OF NEW YORK Attomey: CAESAR & NAPOU - 40 'COUNTY OF BRONX SUl-LING PAN Index.#: 30297412007 Plaintiff(s) Date-Filed: - against - Purchased: November 20. 2007 ANTONIO CHEA•E-T AL AFFIDAVIT OF SERVICE Defendant(s) Attorney File #1: B29011.JNQQ STATE OF NEW YORK: COUNTY OF NEW YORK ss: S" CLARK BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOTA PARTYTO THIS ACTION, OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STAT4 dF NEW YORK. That on Noverirber 21.2007 at.01:15 PM at THE OFFICE OF THE SECRETARY OF STATE . 123 WILLIAM STREET NEW YORK, NY 10038 deponent served the within true copy of the SUMMONS & VERIFIED COMPLAINT on RIBBS TRUCKING INC. therein named, SECRETARY By service upon the N Y.S. Secretary of State under Section 253.of the Vehicle and Traffic Law by delivering a true copy OF STATE . to MS. LARIETTE POWELL, AUTHOR12M to accept thereof, and tendering.the required fee of $10.00. MAILING- Deponent enclosed a true copy, of same in a ppstpakl wrapper properly addressed to defendant at defendant's last -known resideneg/acfual place of business at 116 HOBART A1/ENUE BAYONNE. NJ 07002 and-depositsd•said wrapper in a'post office or official depository under exclusive pre and custody of the United States Postal Service within Now York'State on'NoveMbeF 28, 2007 by CE"FIED MAIL RETURN RECEIPT REQUESTED RECEIPT 97007 0710 0002 7569 7433 ih an envelope marke&PERSONAL & CONFIDENTIAL and not indicating an the outside envelope thereof, by ietum address or otherwise that the communicattotrIs from an attorney or concerns an action against the party to be served. Deponent further states that he describes the person actually served as follows: Sex Skin Color Hair Color Age (gpprox.) Height (Apprax.) Weight (Approx) FEMALE BROWN BLACK 49 5'S 210 v The Sumr6ons Served had endorsed thereon the Index number and date of filing. rv Sworn tome on: November 26, 2007 t.trma Forman- Notary Public. Stale of New York No.OtF05031305 Qualified In New York County. Commission Expires August 1, 2010 Robin td. Forman Notary Pubflc? State of New York No. 01F061254t5 Qualified In New York County Commission Expires April 18, ,JAM ?Q _ v a Larry Yee Nay Public. Slate at New York StI:H RK No. Ot License #:1187234 OualNied In in Newyork County Commission Ezp7res July 26, 2009 Docket #: 523172 GREENWICH 00062 LZO/tiT n aNI2IYA[ Qmmi HDV STOL94LZTE IVA ov:cz 900Z/£T/80 6UPREME COURT OF THE STATE OF NEW YORK Attomey: -CAESAR & NAPOLI - 4b COUNTY OF BRONX SUI-LING PAN - Index #: 30297412007 Plaintiff(s) Purchased: November 20, 2007 against Date Filed: ANTONIO CHEA ET AL AFFIDAVIT OF SERVICE • Defendant(s) Attorney Fite #1: B29011.JNQQ STATE OF NEW YORK: COUNTY OF NEW YORK ss: 'WILLIAM MORRISON BEING. DULY SWORN.DEPOSES AND SAYS DEPONENT IS NOTA PARTY T.O THIS ACTION AND OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE SY-ATE OF NEW YORK. That on Noyember 29, 2007 at 07:45 AM at 1519 METROPOLITAN AVE #I G BRONX, NY 10462 deponent served-the-within true copy/aopies of the SUMMONS & VERIFIED COMPLAINT on VICTOR RAMON RAMOS, the defendant/respondent therein-named. AFFIXING ' by affixing a true copy/copies of each to the door of said premises, which is the defendants/respondents dwelling TO DOOR- houselusual place of abode vkAlft the state- Deponent was unable. with due diligence to rind the defendant/respondent or a person of suitable age and discretion, thereat, having called there on: November 24, 2007 AT 3:58 PM November 27, 2007 AT 12:05 PM November` 29, 2007 AT 7:45 AM MAILING Deponent enclosed a true copy/copies of same in a postpaid wrapper properly addressed to the defendant/respondent at the defendantWresponderirs last known residence at 1519 MEIROQOLITANAVE#1G BRONX,.N1(10462 and depositd said wrapper in a post office or official depository' under excluslve care and custody of the United Stafes.Postal Service within NeW York State brl•tJovembet 30, 2007 by 12EGULAR FIRST CLASS MAIL in an envelope marked PERSONAL & CONFIDEUTIAL and not indicating on the outside envelope thereof, by return address or otherwise that the communication is from an attorney or concerns an acpon agalnst the party to be - served. Spoke with MS. SMITH. NEiGH90R, who stated that the defendant/respondent lives at the aforementioned address but was unable to divulge the defendants/respondenrs'place of empioymdnt. PERSON SPOKEN TO REFUSED TO STATE TRUE FIRST AND/OR.LAST. NAMES MILITARY Person spoken to was asked whether the defendant was in the military service of the State of New York or the United SERVICE States and received•a negative reply. Upon information and belief based'upon the conversation and obsewatlon as aforesaid deponent avers that the defendant is not in the military service of lire State of New Y oM_ he DrAted States as that term is defined M the statutes of the State of New York or the Federal Soldiers and Saiiorsslre` 1ct. ---? X-i Ct jt The Summons Served had endorsed thereon the index number and date of filing. fir- f Co Swom tome on: November 30, 2007 / ?- Linda Forman - Ko Orman Larry Yee ' Notary Public. State of New York Notary Public. State of New York Notary Public, State of New York WILLIAM' MORRiSOW No.01FOS031305 No.01F06125415 No. o1YE5o156a2 QuaGHed in New York County QuaHhed In New York County Qualiffed In New York County License 870436 Commission Expires August 1, 2010 Commission Expires April 18. Commission Expires July ?6. 2W9 . )nno Docket 523169 GREENWICH 00063 LZO/oZ0 in 3NI2IViV: QAIvul a3v 5T6L5LLZT£ IVA W£Z 900Z/£T/go gl4x3 s LZO/TZOM GREENWICH 00064 HNIHVII GXV'INI H3V ST6LSLLZTB YVd 06:fZ 80OZ/8T/80 GREENWICH 00065 }tgt4X3 LZO/ZZOq IINI aIV'INI HaV 4T6LSLLZT£ YVd T6:9Z 800Z/VT/80 CAESAR & NAPOLI ATTORNEYS AT I.Aw 350 BRoaDW" JAILS C. Niteou NEw YORK, NEw Yom 100133911 or comma .TmF.EY N. RUM Tk'xotvE: (212) 226-2100 ?? r STm TAO LW Bzcmm DMU M N0=HC u4?- Fax (212) 226.3224• aGo adM14W M X&WjVW January 2, 2008 VA CERTIF -MAM, ILR.R. and REGULAR MAIL. ANTONIO CB EA 625 Rugby Road, #3A Brooklyn, NY 11230 AUGUSTO CHEA 625 Rugby Road, #3A Brooklyn, NY 11230 RIBB'S TRUCKING INC GO Frank Ribeiro 156 Bank Stieet:3A New York, NY 10014 VICTOR RAMON RAMOS- 1.519 Metropolitan Ave., #1G Bronx, NY 10462 Re:. Sui-Ling Pan v. Chea and Jtainos et al Date of accident: October•9,, 2006 Our File No.: B•29011.JNQQ Dear Sir: On November 21, 2007, November 29, 2007 and December 3, 2007 you were served with a copy of a Summons and Complaint in the above matter, copies of which are enclosed. To date, we have not received your answer and you are ndw in default. V "Kindly turn this Summons and Complaint over to your attorney or insurance carrier so that they may put in an answer on your behalf. If we fail to hear from either you, your attorney or insurance carrier within twenty (20) days of receipt of thus fetter, we shall have no alternative but to take a default against you for the amount sued for in the Complaint. R Very truly yours, C SAR & NAPOLI J C. APOLI JCN/qq Enclosufe .. GREENWICH 00066 LZO/£Zo[n aNI2Mq amriUI HOV 9T6L9LLZT£ Wa T6:£Z 800Z/£T/80 CAESAR & NAPOLI -Page 2- -CC: Geico . • 750 Woodbury Road Woodbury, NY 11797 Clain #: 015234475-0101-030 Attention: Liability Claims Scottsdale Insurance Company. 8877 N. Gainey Center Drive Scottsdale, AE 85258 Ref#: J071121-53732.46 Attention: ]amiability Claims RMB'S TRUCKING INC 116 Hobart Avenue Bayonne, NJ 07002 XASA A3MRM t M R Lzo/?zo¢j GREENWICH 00067 aAII amw a0V 4TOLSLLZT£ YVd Tt:£Z 800Z/£T/80 J AFFMAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: Queenie Quo being duly swom, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in New York County in the State of Now York. I served a true copy of the annexed MOTION FOR DEFAULT JUDGMENT on July 24, 2008 by mailing the same in a sealed envelope, with postage prepaid thereon, iri a post office or official depository of the U.S. Postal Service within the'SWe ofNew York, addressed to the last known address of the addressee as indicated below: VICTOR RAMON RAMOS 019 Metropolitan Ave, #10 Bromr, NY 10462 XAY & GRAY Attorneys.for Defendant(s) ANTONIO CIiEA and AUGUSTO CHEA 875 Merrick Avenue Westbury, NY 11590 (516) 229-4400 RIBBS TRUC 3NG INC 116 Hobart Avenue Bayonne, M 47007 ACE Westchester Specialty Claims PO Box 5374 . Chicago, IL 60680 Policy #:1108293$55 Attention: Liability Claims 01 FA5,UUZU-e-V CommiWon GREENWICH 00068 LZO/Szon aNI2TiK amNI goy cTRre1,7ro 9v., Tom.-- ---- Scottsdale Insurance Company Greenwich Insurance Company 8877 N. Gainey Center Drive 1201 N. Market Street Scottsdale, AE 85258 Wilmington, DE 19801 Policy #: CTS 1210506 Policy No.: AEC0017952 Attention: „Liability Claims Attention Liability Claims 49 UZU/o27 1 index No. 302974/07 S,J COURT OF THE STAT$ OF NEW YORK OF BRONX " .90 - Plaintiff - - against - ANTONIO CHBA, AUGUSTO CHEA, RIBBS TRUCKING INC. AND VICTOR RAMON RAMOS - Defendant - MOTION FOR DEFAULT JUDGMENT JCP,esar & Napol tidtornieysfor. '?2sintl,?'' 24-2i6-22'06 TO: r • -• - .-..._-............... .?.,... ..,,,-as-?wa.?.va.en.s.,mnN......v.,:.. .. .. t•. .,,e .a. GREENWICH 00069 • --j -- . , vim. . lij 0 0 ! o o C7 ; , ,',A' 1 a N ? N 1 I r T" N Q O co - e} O ?• Co .9 \ Q I a ?? i xpsodoav i ' Vt ?` U Ri o A r4 to { -51 ? + r1 a. 0 (d Q O C3, o F4 W E-1 to W. 04 O H?Cs ? VY d & d I A , rq ? j J m Cfj 44 1 . f?. . n i . 1 i GREENWi H OODIO 2' INSURANCE CC? 505 Eagleview eoulemd Suite 100 Exton, PA 19341-06'36 USA Phone 800-327-1414 Fax 610-458-8667 www.xgnsurance.com August 12, 2008 James C. Napoli Caesar &.Napoli 350 Broadway New York, New York RE: Insured Your Client Date of Loss Dear Mr. Napoli: 10013-9311 Ribb's Trucking, Inc. Sui-Ling Pan October 9, 2006 RibbThis acknowledges receipt of a second notice of claim filed by your client, Sul-Ling Pan, against Per copy of the enclosed letter, we notified you on December 4 2007 that the Policy issued by Greenwich Insurance Company to Ribb's Trucking, Inc. (AEC0017592) expired on 2005. cember 1, De Greenwich Insurance Company will not be responding on behalf of Ribb's Trucking., Inc. Regards, Bill Helmig, bike President Claim Department Manager BH/mbn Enclosure ,,,?" Comperry.? Hrb, ,?,,,,,? GREENWICH 00071 n% A CO^%1MV, XL Spec Wtj, hwuance COA1PenY nvxa ? •Ine.. XL tnsury? ?,„?„?, of New York, Inc., Members of the XL C Ptw group YARL mUkANCE C" ` December 4, 2067 James C. Napoli; Caesar & Napoli: 350 Broadway New York, NY 10013 RE: Insured Ribb's Trucking, Inc. Your Clir"nt Sul-Ling Pan Date of Loss October 9, 2006 Policy NQ. AEC0017592 Dear Mr. Napoli:; 520 Eagleview Boulevard PO Box 636 Eldon, PA 19341-0636 USA Phone 800-327-1414 Fax 610-458-8667 www.xlinsurance.com This acknowledges receipt of your letter dated November 15, 2007 regarding the above incident. The policy issued to Ribb's Trucking expired on December 1, 2005. We suggest you.contact Ribb's Trucking directly in order to obtain their insurance information at the time of loss. Regards, Bill Helmig Vice President - Claim Department Manager BH/mbn GREENWICH 00072 Greenwich Insurance Conpai%incr= Harb" Insrrdnce Company, XL tnsuranoe /Unerioe. Inc.. Wrsinarice Company of New Yod(4 Inc.. . XL Select 4awance Company. *L Specialty Nsrnarwe Company Members of the XL capital group C.. JAMS C. NArou JEFFREY N. REJAN TAO UN DANA K NOWMCRAFr -also adrntrmd to NowJersey CAESAR & NAPOLI ATTORNEYS AT LAW 350 BROADWAY NEW YORK, NEw YORK 10013-3911 TE m,HoNE. (212) 226-2100 FA x- (212) 226-3224 November 15, 2007 Greenwich Insurance Company 1201 N. Market Street Wilmington, DE 19801 Attention: Liability Claims Dear Sir/Madam: Claimant: Insured: Policy No: D/A: Our File No: Sui-Ling Pan R.ibbs Trucking Inc. AE00017952 October 9, 2006 B29011.JNQQ Of counsel ROBERT STEM RICHARD BECKER Please be advised that this firm represents the above-named claimant for all claims resulting from injuries as a result of the negligence of your insured. Please make note of our representation in this matter and direct all further communication and inquiries directly to our office. In addition, please advise this office of the name of the claims adjuster and file number assigned to this matter. policy. Lastly, we request written notification of the policy limits of your insured's liability Thank you for your anticipated cooperation in this matter. Very y yours, f J S .N I JCN/qq -- X.L. Amerim, lhc. Delaware Service Office NOV 19 2007 RECEIVED ?le4 \Z??ta? GREENWICH 00073 e1 9 'ON" A! -y{ • V E? idibg T'RUCK&G 1 44C. A VICr P, DN RAMOS t 1 - Defetidant - PLUASE TAKE NOTICE, that upon the annexed affirmation. of James C. Napoli, duly of med on-fuly 23, 2009, toWt4er'with a exhibits annexed thereto, and open all the pludings aud:-pt-tiaestUngs he ratofore had* p-=-r4 tbie and igu0# wilf move t- is- Catut at,an: TABS- Motinn.. Supptsrt: Part, Room 217 thereof; at the Brwx County courthouse 'lodated at .8$1 Grand Gonc"emse, Bronx, I 104-51. ort August 1 , 2%; 8; at 910 A.M., Q_as soon; -hmefter as counsel- r: urW-licaad, --fpr an Order, pwmant-to CLLR §-52a $(Oft'direetintg°that a Default Jiadgaont be entered against Defendants VICTOR RA;.1n ON' RAtM and R `f'R CT G, or in the altowatiye, -setting this matter down for an inquest in favor ofthePlahi iff, assessing,.damages in. a sum certain or for a sure which can, by computation, be made certain, awarding costs, attorneys' fees and sanctions to Plaintiff s attorneys, and for such other and further relief which to this Court seems just and proper. A "E TA ETHER i IATI.C1 , that answering affidavits., if any, are to be served upon the undersigned within seven (7) days prior to the re_ appEcat on. b#ted: New York, NY i 34"M July 23, 2008 Yours, etc., X'L-??erica, Inc. aesar&Napal .. Delaware .SeVice 01"ce Attorneys for l l_ 'ntiff s LING PAN 30 Broadway; I0h Floor RECEIVED 1 t: GREENWICH 00074 O OS?OCM N N z %0 C13 3 C?pq 3"? ? [_. r?b v ``.:.: 1 Brt?n?r» 104( 11bart 1?aenue Bayonne; NJ 07002 KAY & GRAY Attorneys for befendant(s) T o CHEA and AUGUSTO CHE'A 875 Merrick Avenue Westbury; NY 11590 (516) 229-4400 ACE Westchester Specialty Claims PO Bax $374 Chicago; TL 60680 Policy #: H08293-855 Attention:. Liability Claims Scottsdale Insurance Company 8877 N: Gainey Center Drive Scettsdde, AE 8525.8. Policy #: CTS 12.10506 Attention: Liability Claims Greenwich Insurance Company 1201 N. Market Street Wilmington, DE 19801 Policy No,:. AEC0017952 Attention: Liabili ty 0619- claims r 2 GREENWICH 00075 .R0&' -r-0 .?' 6F TIESTATE-OF NEW TOR AIR Pl i> - ItndeX NO.-- 302974/07 against - ANTONIO CHEA, AUGUgTO CHEA, RIBBS TRUCICTI G INC. AND VICTOR RAMON RAMOS - Defendant - ----------------------------y------------------------------X James C. Napoli, an attorney at law, duly admitted to practice, law before the Courts of the State. of New York, and Member. of CAESAR & NAPOLI, attorneys for Plaintiff(s). herein, affirms the following to be true under the penalties of perjury. Your affirmant, fully familiar with,the facts and circumstances suzrounding the: within issues, submits this affirmation in support of the within application for an Order, pursuant to CPLR.§3215(a)(b), directingthat a default judgment be entered against the Defendants, VICTOR RAMON RAMOS and RMBS TR.UCMG,.or, in the alternative, setting.thismatter down for an inquest in favor of the` Plaintiff, assessing damages in a sum certain or for a sum which can, by computation, be made certain, awarding costs, attorneys' fees and sanctions to Plaintiffs attorneys, and for such other and further relief which to Phis Court seems just and proper. The within action was brought on behalf of Plaintiff, and involves a claim for the M ? ?3? VN L_ t W v oz w grievous and permanent personal injuries suffered by the Plaintiff when she was a Passenger who was struck by the vehicle owned by Defendant, RIBBS TRUCMG and operated by Defendant VICTOR. RAMON RAMOS. Annexed hereto and made a part hereof as Exhibit "A" is a copy of Plaintiffs Summons and Verified Complaint. The Summons and Verified Complaint were served on Defendants and a copy of the Affidavits of Service thereof are annexed hereto and made apart hereof as Exhibit "B ". GREENWICH 00076 r - lr' at•:cli''tlte long t1?c t( res nds: Y5 014 W., This Coin's attentleais Fespectfully'd od to mako note of the date in which the.befendants were properly.se rived with the Summons- and Verified Complaint, to wit: November 29, 2007. More than months have passed since said Defendants were served, and to date, no appearance, answer or reply has been forthcoming from either Defendant, nor their representatives. The Defendants have failed, not only to make an appearance, but have also willfully and deliberately neglected to request an extension of time to answer and/or make an appearance. In addition, by letter, dated Januarq 2, 2008, your affirmant -advised Defendants of their default, requested that an answer be intetpdsed to avoid a Default Judgment being entered and that the summons and complaint be turned over-to his insurance carrier. This letter was sent by certified mail, return receipt requested and receipt thereof acknowledged by Defendants'- . signature. Copies of said letters are annexed hereto and made a part hart*f as Exhibit "e". it is apparent that the Defendants will not proceed with their defense. In spite of the fact that your affirmanes office has determined the Defendants herein to be the proper parties to this action, and has to this date proceeded in the prescribed manner to unveil their roles and ultimate culpable conduct in the events which led to the within accident, said Defendants have willfully and deliberately failed to make an appearance and defend. those claims asserted against them and, therefore, have defaulted. 't'hus, the Defendants' default herein has been intentional or willful on their part; designed to prejudice or hamper Plaintiffs ability to litigate this action expeditiously. Plaintiff(s) o o M has(have) a meritorious cause of action and it is your affirmanfs belief that sound public policy 3 N and judicial equity mandates that the issues involved herein be decided on the merits. ?v In view of the. foregoing, the. within application is made pursuant to CPLR §3215(a), z which states: §3215. Default judgment. .2 GREENWICH 00077 Pe&ult and ,. VAOU a-DdeadW hW6iW fn a W- pf: wed to txl ®4' l?X1y?..,?.d1e;1??iYlII rt] T C. •1??? .j?EiS ? is ??' ?. aPl????t ' ? ni?;de•#tt-l.c1.?lrie ?I2.4311E'ttRX Br ?3 dftt. The clerk, uplmsFS#iitan'6ft tst?flof, shl enter judgment* for the amount deknded iii the cowplaint ok stated w the notice so ioe pursua»t te subdivis o (lr) of rule 505-,-plug' costs and iiite_xest.,: (lrmphasis. adddd) For all of the fotegoing reasotis, it is respectfully requested that in addition to the specific relief sought herein, that costs, attorneys' fees and sanctions be awarded to Plaintiff's attorneys, to be paid by Defendants due to their cavalier disregard exhibited herein, including the necessity of the within application, in the event this Court sees fit not to enter a default judgment at this time. No previous application for the relief sought herein has been made to this or any other Q O cn ,? ??O N n Z?k. E+1 Court. WHEREFORE, it is. respectfully requested that an Order be entered, pursuant to CPLR §3215(a)(b), directing that a default judgment be entered against Defendants VICTOR RAMON RAMOS and R MBS TRUCKING herein or., in the alternative, setting this matter down for an inquest in favor of the Plaintiffs, assessing damages in a sure certain or for a sum which can., by computation, be made certain, awarding costs, attorneys' fees and sanctions to Plaintiffs attorneys, and for such other and further relief which to this Court seems just and proper. Dated: New York, NY June 23, 2008 J ? . APOLI 3 GREENWICH 00078 Z, GREENWICH 00079 0 23 z ,;ly'A A 6? o 64 Upp u"?x rn Thb -basis of ventie is: ANTONIO CHEA, AUGUSTO CHEA Defendhnt's residence RIBBS TRUCKING INC AND VICTOR RAMON RAMOS Defendant reside at:_ '1519 Metropolitan Ave. #I G --?`--?„ Defendant - Bronx, NY 10462 To the above named Defendants: CT OF T `STATE. QF W YORK )?: Ctex No;? tow.' Asod- -.Plato-lai3tt desigtiate,Bronx County as the pjw&of trial. - against - Yo.u are hereby summoned to answer the complaintin answer, or, ifthe Qosnplaint is not served wAth this s. se action, and to serve a copX on the Plaintiffs adbrney.?s) within twee da ?ois?, to serve. a.not}ce of dayof service, where service is made by deliver the service of this summons , exclusive' i 30 days after completion of Service where service is©rr made in You Pany?er.athersonall the state;'or,thizY3A manner. to appear or answer, judgment will be taken against In.c?se of complaint. You . by default for the relief demand d?nlt- Dated: New York, DIY November 16, 2007 TO: ANTONIO CHEA. - 625 Rugby Road, 43A Brooklyn, NY 11230 AUGUSTO CHBA 625 Rugby Road, #3 A Brooklyn,. NY 11230. RIBBS TRUCKING INC 116 Hobart Avenue. - BaYonne, NJ 07002 VICTOR RAMON RAMOS 1519 Metropolitan Ave., #1G Bronx, NY 10462 Caesar & Na l.amti Attorneys 7 ff SLJI-LINCr PAIV 350 $roadway, 10" Floor New York, NY 10013 212-226-2100 Our File No. B29011.JNQQ 1. GREENWICH 00080 , GY" - Plaintiff- - against - ANTONIO CHEA, AUGUSTO CHEA, RIBBS TRUCKING INC AND VICTOR RAMON RAMOS - Defendant - ??p rrom?I; Index Xo.: Date: Purchased: Plaintiffs, by their attorneys, CAESAP, & NAPOLI, complaining of the Defendants, respectfully allege, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION - O? 13?I?A?LUp' .OF SUI.: I:ll!T`?.PAN i . At all times herein mentioned; Plaintiffs were, and still are, residents of the County of KINGS, State of New York. 2. At all times herein mentioned, Defendant ANTONIO CHEA was, and still is, a resident of the County of Kings, State of New York. 3. At all times herein mentioned, Defendant AUGUSTO CHEA was, and still is, a resident of the County of Kings, State of New York. 4. At all times herein mentioned, Defendant RIBBS TRUCKING INC was, and still is doing business in the State of New Jersey. 5. At all times herein mentioned, Defendant VICTOR RAMON RAMOS was, and ill L 0 Q.Y .r .M Z Q. C? 3s8fi1C4 V R3 ? `? a c? w M is, a resident of the County of Bronx, State of New York. 6. At all times herein mentioned, Defendant ANTONIO CHEA was the owner of a motor vehicle bearing New York State registration number DCG9663. 7. At all times herein mentioned, Defendant AUGUSTO CHEA operated the aforesaid motor vehicle bearing New York State registration number DCG9663. .;. t t GREENWICH 00081 8: At all times herein'mentiomed, Defendant AfJGLXSTO CHEA operated the aforesaid Motor vehi -'w the Penai%itsn of'Defex t ANTOtf CI A. 9. ALAI times herein mentioned, Defendant AUGUSTO CMA operated the aforesaid motor velfiele With the consent of Defendant ANTONIJO CM- A. 10. At all tithes herein mentioned, Defendant AUGUSTO CHEA operated the aforesaid motor vehicle in the scope of his employment. .11. At all times herein mentioned, Defendant ANTONIO CHEA managed the aforesaid motor vehicle. 12. At all times herein mentioned, Defendant AL GUSTO CHEA managed the aforesaid motor vehicle. 13. At all times herein mentioned, Defendant ANTONIO CHEA controlled the aforesaid motor vehicle. 14. At all times herein mentioned, Defendant AUGUSTO CHEA controlled the aforesaid motor vehicle. 15. At all times herein mentioned, Defendant RIBBS TRUCKING INC was the owneP- of a motor vehicle bearing New Jersey State registration number AH669N. . 16. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated a motor vehicle bearing New Jersey State registration number AH669N .. 17. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated the aforesaid motor vehicle with the knowledge of Defendant RIBBS TRUCKING INC. 18. At all-times herein mentioned, Defendant VICTOR RAMON RAMOS operated the M Q Q M ?} {3?p a Nry o P. ZIA +?NCV ? m?Nv V? ?vi7 wZ w M aforesaid motor vehicle with the permission of Defendant RIBBS TRUCKING INC. Z 19. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated the aforesaid motor vehicle with the consent of Defendant RIBBS TRUCKING INC. 20. At all tunes herein mentioned, Defendant RIDES TRUCKING INC managed the aforesaid motor vehicle. 21. At all times herein mentioned, Defendant VICTOR RAMON RAMOS operated tie aforesaid motor vehicle in the course of employment. GREENWICH 00082 22: At-all. tiffs herein mentioned,.Defendant VLCTORRAMQli-"'-.i25:managed the aforesaid-?.Itk? ?ehi?ls. 23. At all. tomes herein mentioned, 'Deflndapt RIBBS TRUCKING INC eentrolled the aforesaid, motor v4hicle. 24. At all times herein mentioned, Defendant VICTOR RAM-ON RAMOS controlled the aforesaid motor vehicle. 25. At all times herein mentioned, Plaintiff SUI-LING PAN was a passenger in the vehicle owned by Defendant ANTONIO CHEA and operated by Defendant AUGUSTO CHEA. 26. At all times herein mentioned, the Bruckner Expressway, at or nearHunts Point, Bronx, NY, were public roadways and/or thoroughfares. 27. That on October 9, 2006, at the aformentioned location, the aforementioned motor vehicles were involved in a collision. 28. That as a result of the aforesaid contact, Plaintiff SUI-LING PAN was injured. 29. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 30. That Defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. 31. That by reason of the foregoing, Plaintiff SUI-LING PAN sustained severe and permanent personal injuries; and Plaintiff SUI-LING PAN was otherwise damaged. 32. That Plaintiff SUI-LING PAN sustained serious injuries as defined by §5102(dlof the Insurance Law of the State of New York. `o ? w a 33. That Plaintiff SUI-LING PAN sustained serious injuries and economic loss greater °?°Orn than basic economic loss as defined by §5104 of the Insurance Law of the State of New York o 34. That Plaintiff SUI LING PAN is not seeking to recover any damages for which aQ Q N .. o z Wu. Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated GREENWICH 00083 s- tai reimburse Plaintiff. Pfi of is -s,?elr?ig to re4over only those damagm not recovoza le though rw faultinsurance titiddr t ie facts and circumstances in this action. 35. That this-Action falls within one or more: of the exceptions set forth do CPLRt: §1602 including but not limited to § 1602(6) & (7). 36. That.by reason o f the foregoing, Plaintiff SUI-LING PAN has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demand(s) judgment against the Defendants herein on all causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. { Dated! New York, NY November 16, 2007 Yours, et IAMES APOLI Caesar apoli Attorneys for Plaintiff y SLID-LING PAN 350 Broadway, 10" Floor New York, NY 10013 212-226-2100 Our File No. B29011.JNQQ 0 ?O ??NIV es p?NN t? v ti .z M GREENWICH 00084 f' ATTOPMY,18- VERIFICATION JA -, WOTA an attomayduly ' admitted to praetact before the Cgurts. of -the- state . .efRow York, of ifts the fbUowin8 to be true under the penalties of perjury I am an attorney°at CAESAR & NAPOLI, attorneys of reeord for Eiaiatiflls),SLTI-LM pAK I have read. the annexed COMPLAINT and know the content's thereof, and the same are true to my Imowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon Imowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff(s) islare not presently in the county wherein 1 maintain my offices. DATED: New York NY November 16, 2007 a ??p N ,Q" atr.?s.. O t'1 ?p p b N N 0 V ? y v ? c+? GREENWICH 00085 GREENWICH 00.086 C.. SUPREME COURT OF TH5 STATE OF NEW YORK Attorney: CAESAR & NAPOLI -40 03UNTY OF BRONX SU11-t. KG F AN Index #: Z02974.M7 Plaintiff(.0 Gl?#e .Paled: A M©N10 CHEA ATAL AFFIOAVIlT QF°' St*t3'V{C 3 Defendant(s). it, Attbmey File #1: 82001 tANQQ STATE OF NEW YORK COUNTY OF NEW YORK ss: SIEH CLARK BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION, OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN. THE 517ATE OF NEW YORK. That on November 21, 2007 at 01:15 PM at THE OFFICE OF THE SECRETARY OF STATE 123 WILLIAM STREET NEW YORK, NY 10038 deponent served the within true copy of the SUMMONS & VERIFIED COMPLAINT on R1BBS TRUCKING INC. therein named, SECRETARY By service upon the N.Y:S. Secretary of State under Section-253 of the Vehicle and Traffic Law by. delivering a true copy OF STATE to MS. LORIETTE POWELL, AUTHORiZED to accept thereof, and tendering the required fee of $10.00. MAILING Deponent enclosed a true eopy of same Ina postpaid wrapper property addressed to defendant at defendant's fast known residence/ad461 place of business. at 116 HOBART AVENUE BAYONNE, NJ 07,502 and deposited said wrapper in a post office or official depository under exduslve..care and custody of the United States Postal Service within New York-.State on November 26, 2007 by CtRTiF1ED MAIL-RETURN RECEIPT R60UESTEU RECEIPT #7007 0710 0092.7669 7433 irtan envelope marked PERSONAL &CONFIDENTIAL and notindicating on the outside envelope thereof, by return address or otherwise that the communication is from an attomby or concerns an action against the party to be-served. Deponent further states that he describes the person actually served as follows: Sex Skin Color Hair Color Age (Approx.) Height (Approx:) Weight (Approx) FEMALE BROWN BLACK 49 65 210 The Summons Served had endorsed thereon the Index number and date of filing. Swom to me on: November 26, 2,007 Linda Forman Notary Public, State of New York No.01FOS031305 Qualified in New York County Commission Expires August 1. 2010 Robin Notary Public, State of New York No. 01F06125415 Qualified in New York County Commission Expires April 18, ?nnc Lary Yee Notary Public, State of New York No. OIYE5015682 Qualified in New York County Commission Expires July 26. 2009 r? CZ) C - ;* License. #: 1187234 Docket #: 523172 GREENWICH 00087 SUPREME COURT OF THE STATE OF NEW YORK AttomeY. CAESAR & NAPOLI - 40 t-AUNTY OF SROMX OlJi:?LiNt; NUJ Index 30297,41, Off? `. Plainfiff6s) Purchases; NoviaMbef 2.0.20G7 ? { ' We File` 1Qfb`C I?1_A ET Aj- AFFIOAMIT OF SERVICE Defendant(s) AttBmey File #1: 82901 f.JNQQ STATE OF NEW YORK: COUNTY OF NEW YORK ss: WILLIAM MORRISON BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION AND OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK That on November 29, 2007 at 07:45 AM at 1519 METROPOLITAN AVE #1 G BRONX, NY 10462 deponent served-the-within true copy/copies of the SUMMONS & VERIFIED COMPLAINT on VICTOR RAMON RAMOS, the defendanflrespofidenttherein named, APPIXING by affirartg a true coNlcopies of each to the door of said premises, which is the defendant's/respondent's dwelling TO DOOR house/usual place of abode within the state. Deponent was unable, with due diligence to find the defendant/respondent or a person of suitable age and discretion, thereat, having called there on: November 24, 2007 AT 3:58, PM November 27, 2007 AT 12:05 PM Nevediber 29, 2007 AT T.45 AM NlyifUNG Di3ponebtenclosed a true capyleopies of same in a postpaid wrapper properly addressed to the defendant/rasporWent at the defendant'slresponderirs last known -residencef at 1519 METROf30urm AVE'#1G BRONX; NY 10462 and deposited said wrapper in a post office or official depository under exclusive care and custody of the United States Posthl Service within New York.Slate on November M. 2007 by REGULAR FIRST CLASS MAIL in an envelope marked PERSONAL & CONFIDtNTIAL and not indicating On the outside envelope thereof, by return address or otherwise that the communication is from an attorney or concerns an action against the party to be - served. Spoke with MS. SMITH, NEIGHBOR, who stated that the defendant/respondent lives at the aforementioned address but was unable to divulge the defendanrs/respondenrs place of employment. PI=RSON SPOKEN TO REFUSED TO STATE TRUE FIRST AND/OR LAST NAMES Y MILITARY Person spoken to was asked whether the defendant was in the military service of the State of New York or the United SERVICE States and received a negative reply. Upon information and belief based upon the conversation and obsewtion as aforesaid deponent avers that the defendant is not In the military service of the State of New y .the brited States as that term is defined in the statutes of the State of New York or the Federal Soldiers and Sailors t4i?ct. C-3 xi r The Summons Served had endorsed thereon the Index number and date of filing, n W _ O co Swom to me on: November 30, Ueda Forman Notary POlic,.State of New York No. 01FOS031305 Qualified in New York County Commission Expires August 1, 2010 'Robi -onnan Notary Public, State of New York No. 01 F06125415 Qualified in New York County Commission Expires April 1B. ,3nno Larry Yee Notary Public, State of New York No. 01YE5015682 Qualified in New York County Commission Expires July 26, 2009 WILLIAM MORRISON'-- License 870436 Docket $23169 GREENWICH nnnQo 0 H CARSAR & NAPOU t1WORMY6 AT LAW 350 )BROAUMW J : f; oct NL?o Y M, bravo' 3c?m 1W1 N]1 JrA II?7. I?rr T9LEPHOrr$: (2.12) 22?=2-1A0 Dv km- so ?c F=-- (212) 2'26-3224 "axto-ad.?fffaQ:fn lVeurJertry . January 2, 2008 V CERTIFIED MAii._ R R R and ? tUN 1 UNLU C A GUI,AR MAID, 625 Rugby Road, #3A Brooklyn, NY 11230 A.UGUSTO CHEA 625 Rugby Road, #3A Brooklyn, NY 11230 RIBBB'S TRUCKING INC C/O` Frank Ribeiro 156. Bank Street 3A New York, NY 10014 VICTOR RA.M°ON RAMGS 1519 Metropolitan Ave., #'1 G Bronx, NY 10462, Dear Sir: of C "Wd i='? Sit BAR Re: Sui-Ling Pan v. Chea and Ramos et al Date of accident: October 9, 2006 Our File No.: B29011.JNQQ On November 21, 2007, November 29, 2007 and December 3, 2007 you were served with a copy of a Summons and Complaint in the above matter, copies of which are enclosed. To date, we have not received your answer and you are now in default. Y Kindly turn this Summons and Complaint over to your attorney or insurance carrier so that they may put in an answer on your behalf. If we fail to hear from either you, your attorney or insurance carrier within twenty (20) days of receipt of this letter, we shall have no alternative but to take a default against you for the amount sued for in the Complaint. Very truly yours, C SAR & NAPOLI J C• APOLI JCN/qq Enclosure GREENWICH 00090 CAESAR & NAPOLI -:Page CC: Geieo 750 Wowbu y Road Woodbury , Icy 11797 Claim #: 015234475-0101-030 Attention: Liability Claims Scottsdale Insurance Company 8877 N. Gainey Center Drive Scottsdale, AE 85258 Ref#: J071121-53732.46 Attention: Liability Claims RIBB'S TRUCKING INC 116 Hobart Avenue Bayonne, NJ 07002 X13AGA1SFORMMEF3 v GREENWICH 00091 STATE OF NEW YORK, COUNTY 0`V MW Y' ORK Queenie (ciao being duly sworn, deposes and says: I am over 18 years of age, I aryl not a party to State of New York. the action, and I reside in New York County in the I served a true copy of the annexed MOTION FOR DEFAULT JUDGMENT on July 24, 2008 'by 111ailing the same in a scaled envelope, with postage prepaid thereon, in a post office or official ofthe addrof the U.S. Postal Service within the State of New York, addressed to the last known addr of the addressee as indicated below: .. ens VICTOR AAMON RAMOS 1 S19 Metropolitan Ave., #1 G RIBBS "TRUCKING INC Bronx, NY 10462 116. Hobart Av. q nye KAY & GRAY Bayonne, NJ 07002 Attomeys for Defendant(s) ACE Westchester Specialty Claims ANTONIO CHEA and AUGUSTO CIjEA PO Box 5374 875 Merrick•Avenue Chicago, IL 60680 Westb[uy, NY 11590 Polityy #: H08293855 (516) 229-4400 Attention: Liability Claims GREENWICH 00092 Scottsdale Insurance Company 8877 N. Gainey Center Drive Greenwich Insurance Company Scottsdale, AE 85258 1201 N_ Market Street Policy #: CTS 1210506 Wilmington, DE 19801 Attention „Liability Claims Policy NO.: A1C0p 17952 Attention: Liability Claims ? a t` Yy 1 L?' :1 ? H 3 ? ??? ?S?a +AAI"li J? u.? J'-??3ti%"?lo/, +??3v?':?`??-1?1j?`r?.UR 1V q#GV nT - F YS y`tH'- ,? F' ?`{??il yeF 'k 4- hu ?'S' 3F?c " ?i" A£ 'kFe'?t 3..a s A ? ' ?. F64, ?+F fF. ? "'y r'?+ `<+ N't ?}:?i l?y.2?`?, y ?... yJ' .,' } f o:s 'zr.sss* x: £" x • 1 y ' v Z?r ?/k fF }t'1Y. 1?{} T t p fZ ? L ?b '} .. ??, : ? xr 3 ' ??. S ?? ?? Sys fa.T ?Y a?'e'??t?? - , .. a r ? ? -} Try s _ JSE/ ii7 rcadw4y, i 1i1dQ? ?F a . ,?? -'"'?{?•,? k ? ??'"+"?J ? '.?,i'?rY"^"?s ems s. ?"?` J r y f s ? 3r?'?"=;? JAI pg' x r1,x # r? ? ?y'# ?w, Eby. 1^ny F i ? '? 3#{0 y { U r S rybf ;•, '?k•?"1 S A A 1 _ 4C r z ,t <t = zy- ?(f ??y:yyY,? ?',r i (?s 6.5 k d 1 f' ? y #J,h.L ??'?"e H SiM 'f. 'Mf Y?TY. s'Y'„},f ; y _ l t c: c31s tf93 yz '?'# ¢,?pxa O? ? r4 . ?"'?x>• ? ?f.i?kt ?i Ft??rr r ?KZ f ?3r ?, lr r t y r { r r s ?. r5 ? '_ f Tn E2 0 e:. XL Insurance #fegulatRry Services,fSrogp t 210 . f, 1 N Market Street; Suite 50 W1001 tt©n, DE 40B01 066ne S.0'2-6&t-7416 - Pax-302-778,419.0 •EXTON. PA OFFICE STAMF( D. QFFICES SALES, a MARKE=G ? Boal, Greg Ludlow ? Bakalar, Gary - XL1- NY ? Cordisco, Christine ? Edo, Evelyn ? Nishikawa, Dennis -XLI -CA ?. Claims Department ? Murphy, Sean ? Sehoberth, Uwe -XLI- Chicago, IL ? Crawford, Linda ? Quaile, Laura (Jones) ? Wolovnick, Evelyn - XLI - NY Duclos, Dave Seaview Geiger, Carol ? Bennett, Lee Green, Lori Oft. ggai Nick lnss g F1 Col'han, Sharon 1lel a Bill F1 Duncan, Janet Alan C1 Hde Kallmeyer,T4nmy l' ? lanello, Marge Kammerer, Mike ? Kovacs, Mike Kelly., Angie ? Marmol,1'rae? Lavoie, Bob - __ ? McCarty, Rich Lavoie, Mary - Mims, Sarah Meagher, Ken H Moyer, Gwen Miller, Dick El Noonan, Mary Ann Netts, Camille Norris Jim El Rodman, Christine , El Southern Johanna Roof, Jeff , Sanders, an SCHA B G. FF1CE Smith, Lindie ? Glancy, John - XLDP Steel, Tina ? Llaneta, Ben Valihura, Peggy 0 LaSalle, Bridget Amodeo, Diane 'XLI (Casualty) - XL Professional Cullen, Steve - XL Marine & Energy Dowd, Chip-XL Specie. Fomchenko, Steve XLI (Property) Cunningham, Jayne E. - XL Equine Gregorio, Reina-XL Seleet Harris, Joe - XLI Risk Mgt (Primary) Kane, Dennis - XLI -NY - XL Aerospace Oliver, Manta- XLI - NY Tuhy, Paul -XL1 Claims ? URGENT Please Reply ? ? For Review ?. Please Handle [] ? Please Comment ? As Requested Comment: I was told to forward "Legal items to your attention. Ed. 05/1"6 GREENWICH 00094 FedEx Ship Manager - Print Your Labet,xs) Page I of I Kittrberty Sloan ?taa: t2tM't?: iaarketStreet vrtiakgrap,?q 1Bd01 IS. 2 N. 1) (fir iiigale Road Suite ??? 0173 ft-ha tr'r burgi !L 69.17.3- S' ??r,1 F' y i Ref.' R& 164700 t)ept # THU - 31dUL Ai. i 7919 3523 43-16 STANDARD OVM1G- H t 60173 I After p?ntIny this label: 1. llse.ihe'Rrk t' button on this page to print your label to your laser or inkjet printer. 2. t'-'old the, printed page along the horizontal line. 3. Place label in shipping poach and affix it to your shipment so that the barcode portion of the label can be read and scanned. Waming: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could [esult:in additional billing charges, along with the cancellation ofyour FedEx account number. Vse of this system consiitutes your agreement to the service conditions in the current Fed..Ex Service Guide, available on fedex com.Fedgxwill not be :responsible fof any clainr in excess of $100 Pee package, whether the result of toss, damage, delay, nondelivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge. document your acitual loss and file a Timely clakn.Umitations found in ft current FedEx Service Guide apply. Your right to recover from FedEx for any loss, Including intrinsic valueof the package, loss of sales, income interest, profit, attorneys fees, costs, and other forms of damage whether direct, incidental,consequenlial, or special is limited to the. greater of $100 or the aul *fted declared value- Recovery cannot exceed actual documented toss.Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable Instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. Global Home I FedEx Mobile I Service Info I About FedEx I Investor Relations I Careers I fedex.com Terns of Use I Privacy Policy I Site Map This site is protected by copyright and trademark taws under US and International law. All rights reserved. ®1995-2008 FedEx GREENWICH 00095 https:Jtw,,vw,fedex.coin/sliipping/sliipAction.handle?method=doContinue 7130/2008. I? h)'b it '" Empire Fire and Marine Ins. Co. as COURT OF COMMON PLEAS subrogree of Kuntz & Son, Inc. CUMBERLAND COUNTY Plaintiff, V. No. 08-2216 CIVIL TERM Patricio Leon and Ribbs Trucking Defendants, CIVIL ACTION and Greenwich Insurance Co. Garnishee. Empire Fire and Marine Ins. Co. as COURT OF COMMON PLEAS subrogree of Kuntz & Son, Inc. CUMBERLAND COUNTY Plaintiff, V. No. 08-4474 CIVIL TERM Patricio Leon and Ribbs Trucking Defendants, CIVIL ACTION and Greenwich Insurance Co. Garnishee. VERIFICATION I, Patti Tyler, verify that I have reviewed DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS and the documents that were produced in response to the same, on behalf of Defendant Greenwich Insurance Co, and that the facts stated in DEFENDANT GREENWICH INSURANCE CO.'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification By: `i rV 200 AUG 1 0 Al I! : f 1 PAUL F. ORR, DARLENE G. ORR, Appellees v MIKE PINTYA, ALLISON MURRAY, Appellants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : COMMON PLEAS NO.: 09-5520 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 PAUL F. ORR, IN THE COURT OF COMMON PLEAS OF DARLENE G. ORR, CUMBERLAND COUNTY, PENNSYLVANIA Appellees v CIVIL ACTION - LAW MIKE PINTYA, ALLISON MURRAY, COMMON PLEAS NO.: 09-5520 Appellants COMPLAINT AND NOW, comes the Appellees, by and through their attorney, Paul Bradford Orr, Esquire, and respectfully represents the following: 1. Appellees, Paul F. & Darlene G. Orr, reside at 260 S. College Street, Carlisle, Cumberland County, Pennsylvania 17013 and are the Co-Owners of property located at 612 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Co-Appellants, Mike Pintya and Allison Murray, leased property from the Appellees located at 612 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, under the terms of a lease that had an effective date of August 1, 2008 whereby the rent was $885.00 per month. (See copy of Lease Attached and Marked as Appellees Exhibit "A") 3. While the Appellants made monthly rental payment in a timely manner for approximately five (5) months, they failed to make timely rental payments from November 2008 until they were forced by the Eviction process to vacate the property on or about August 10, 2009 by way of an Order of Possession issued by District Justice Jessica Brewbaker. (See Monthly Rental Collection Spreadsheet Order for Possession Attached and Marked as Appellees Exhibit "B" & "C") 4. As a result of a hearing held before District Justice Brewbaker on or about July 14, 2009, a Judgment was entered against Co-Appellants in the amount of $3,570.25. However, that Judgment did not include a final rent bill nor did it include a final bill, nor did it include a final bill for damages done to the property. (See copy of Judgment Attached and Marked as Appellees Exhibit "D") 5. Upon the vacating of the above referenced property, the Landlord made an inspection of said property and noted damages, including but not limited to carpet, walls, and additional trash removal that was in excess of $885.00. 6. Appellants filed a Notice of Appeal from District Justice Judgment on or about August 9, 2009 in the Cumberland County Court of Common Pleas. (See Notice of Appeal Attached and Marked as Appellees Exhibit "E") 7. By way of the above Notice of Appeal, Geoffrey M. Biringer, Esquire, entered his appearance on behalf of the Appellants through his position as Counsel for MidPenn Legal Services, located at 401 E. Louther Street, Suite 103, Carlisle, PA 17013. (See copy of Cover Letter from opposing Counsel dated August 7, 2009 and received by Appellees Counsel on August 10, 2009 Attached and Marked as Appellees Exhibit T") 8. Although requested by the undersigned, Opposing Counsel has, to date, not provided the Appellees with a forwarding address for the Appellants in this matter. (See copy of Correspondence to Opposing Counsel dated August 13, 2009 Attached and Marked as Appellees Exhibit "G") 9. Appellees are requesting that the filing of this Complaint be sufficient under the Landlord Tenant Act for giving written notice to the tenants as to why their security deposit has been forfeited. 10. Appellees are respectfully requesting sanctions be assessed in this matter as there is no basis in Law or Fact for the filing of this frivolous Appeal. 11. Appellees have incurred additional expenses, subsequent to the Judgment entered by District Justice Brewbaker on July 14, 2009, as follows: a. Additional Court expenses of $134.50 as they were required to obtain the services of Irving Wallace, Certified Constable, for the service of an Order for Possession. b. Upon vacating the property, the Borough of Carlisle's Water and Sewer Authority informed the Appellees that there was overdue Water and Sewage bills totaling $489.29 which were required to be paid and if they were not paid, the water would be shut off on the new tenant now living in said property. C. Of the Lease, Appellees are entitled to their Attorney Fees due to Appellants default and breach of said Lease. To date, Counsel Fees for the Appellees total $1,250.00. Further, Appellees will incur additional Legal Fees if this Civil Complaint Proceeds to incur additional Litigation. WHEREFORE, Appellees are respectfully demanding from the Appellants the following: a. Total rent now due and outstanding $3,600.00; b. Filing fees, Court Costs, and Constable Service Fees $269.75; C. Unpaid Water and Sewer Bills $489.29; d. Attorney Fees $1,250.00 to date; e. Damages to the property upon vacating property on August 10, 2009, $925.00. Additionally, Appellees are requesting punitive damages as a result of Opposing Counsel filing this Appeal. Date: ? 2S o9 Submitted: Paul Bradford Orr, Esquire Attorney for Appellees 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 PAUL F. ORR, DARLENE G. ORR, Appellees v MIKE PINTYA, ALLISON MURRAY, Appellants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMON PLEAS NO.: 09-5520 ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for the Appellees; 2. He is authorized to make this verification on their behalf; 3. The facts set forth in the foregoing Civil Complaint are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ?? ?i Respectfully submitted, LA PVF P L B RD ORR ByPaul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellees Superior Court ID# 71786 PAUL F. ORR, DARLENE G. ORR, Appellees v MIKE PINTYA, ALLISON MURRAY, Appellants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMMON PLEAS NO.: 09-5520 CERTIFICATE OF SERVICE I hereby certify that on this day of August, 2009, 1 mailed a copy of the Civil Complaint to the following address by U.S. Mail, postage prepaid to: Geoffrey M. Biringer, Esquire MidPenn Legal Service 401 E. Louther Street Suite 103 Carlisle, PA 17013 Attorney for Appellees 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 1.. tnd Ion-d C-eyj RESIDENTIAL LEASE 16- THIS AGREEMENT, made this day of ?q-t JLIS4 eL9 by and between PAUL F. ORR and DARLENE G. ORR of 260 South College Street, Carlisle, Cumberland County, Pennsylvania, hereinafter called Lessor, and ke. o 01, and !'t L is {?L t 9-°11 Q t*-exq of at 4r S to , Cumberland County, Pennsylvania, hereinafter called Lessee. PREMISES WITNESSETH: That Lessor, in consideration of the rents hereinafter covenanted and to be paid by the Lessee, and in consideration of the covenants hereinafter stipulated to USE be performed by the Lessee and in consideration of the mutual covenants and agreements hereinafter mentioned, does hereby demise, let and lease unto thhef Le?ssee, AV-n, GL-?- /? . lT? Vl O c 3? C2 S , 0"[JI, PA t-7013- 1. RM Said pr ises atie leased for a term of 16k iri.0 "t 1P IV I,- , beginning the t *F- day of , L 4V*, and ending the day of , upon the covenants and conditions hereinafter set forth. RENT 2. The Lessee shall pay to Lessor as rent for the leased remises uring th term of this lease the total ?m of Dolla C ($ 10 (4 . -- , payable in monthly ' s llmewf t4 I on Dollars ($ wit he first payme du n e to r- nd each successive payment due and payable the first of each calendar mo uri the term of this lease. i RENEWAL 3. Should Lessee continue in possession of the said premises after the expiration of the term of this lease, then at the option of the Lessor, such holding over may be held and deemed a renewal of this agreement for another P1?V" and so on from to , until notice is given for removal, ch renewal being subject to the terms a conditions of this lease agreement. LATE AND 4. A late charge of ten percent (10%) of the amount of rent due for the monthly SERVICE rental period shall be assessed for any payment not made within ten (10) days after the CHARGES date it is due and a service charge of Twenty-Five Dollars ($25.00) will automatically be made for each instance in which a check is returned unpaid by the Lessee's bank for any reason whatsoever. If Lessee pays by personal check and more than one check is returned for insufficient funds or for any other reason, Lessor has the right to demand cash, a certified check, cashier's check or money order in payment of all future rents. Appellees Exhibit ..A„ SECURITY t 5 1 -ssee ha this ate deposited with essor the additional sum of DEPOSIT ? Dollars ($) recei of which is hereby acknow ged y Li ssor as security for the ul and faithful performance by Lessee of the afore-mentioned terms, conditions and covenants of this lease on Lessee's part to be performed and kept and for the cost of any trash removal, house cleaning and repair or correction of damage in excess of normal wear and tear. This security deposit or any balance thereof shall be returned after the Lessee has vacated and left the premises in an acceptable condition and surrendered all keys and if the Lessee shall have made all payments due hereunder and performed all such covenants and agreements contained herein. If Lessor determines that any loss, damage or injury chargeable to the Lessee hereunder exceeds the security deposit, the Lessor, at his option, may retain the said sum as liquidated damages or may apply the sum against any actual loss, damage or injury and the balance thereof will be the responsibility of Lessee. It is further understood and agreed that the said security deposit is not to be considered as the last payment under this Lease, but that should the Lessee be in default in the payment of any rent herein reserved or any portion thereof, Lessor may at Lessor's option appropriate and apply any portion of the security deposit as may be necessary to the payment of the overdue rent or other sums expressly constituting rent hereunder. ACCEPTANCE 6. Lessee acknowledges that he has examined the leased premises and his and acceptance of this agreement is conclusive evidence that said premises are in good and DELIVERY satisfactory order and repair unless otherwise specified herein; and the Lessee agrees that no representations as to the condition of the premises have been made and that no agreement has been made to redecorate, repair or improve the premises unless hereinafter set forth specifically in writing. The Lessor will deliver the leased premises and all common areas in a clean, safe and sanitary condition, free of rodents and vermin and in complete compliance with all applicable laws. SPECIAL 7. PROVISIONS L r (? D -We o,? XY4 LESSEE'S 8. Lessee covenants and agrees that he will, without demand: DUTIES RENT a. Pay the rent and all other charges herein reserved as rent, on the days and times that the same are made payable, without fail, and if Lessor shall at any time or times accept said rent or rent charges, or other required payments, after the same shall become due and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute or be construed as a waiver of any of Lessor's rights, including Lessor's right of distraint and other process. GOOD ORDER b. Keep the demised premises in good repair during the term of and REPAIR this lease, reasonable wear and tear and damage by accidental fire or other casualty not occurring through negligence of Lessee or those employed by or acting for Lessee alone excepted. The Lessee agrees to surrender the demised premises in the same condition in which he has herein agreed to keep the same during continuance of this lease. SIDEWALKS c. Keep the demised premises, including the sidewalk in good and TRASH and orderly condition at all times. In addition, Lessee shall be responsible for garbage or trash removal, and for removal of snow and ice in accordance with Borough and/or other applicable ordinances. UTILITIES d. PaP the follow' g utilities as the samy beco uee and payable: ? ? ` Z1.1 l ` e V 1 S 1G?1r t T tic l( GOOD ORDER e. Keep and maintain in gob and substantial repair and in and REPAIR good and safe and sanitary condition at their own cost and expense, the interior of the leased premises. Lessee agrees to perform all minor repairs such as replacement of lightbulbs, ballasts, faucet washers, etc. Lessee further agrees to notify Lessor immediately of mechanical malfunctions, changes or any other condition which is of a major consequence. ORDINANCES f. Comply with any requirements of any of the constituted public and authorities, and with the terms of any statute of the Commonwealth of REGULATIONS Pennsylvania or the federal government or local ordinance or regulation applicable to Lessee or their use of the demised premises and save Lessor harmless from penalties, fines, costs or damages resulting from failure to do so. CONDUCT OF g. Lessee will not conduct himself or herself in any unlawful or BUSINESS immoral way in or about the demised premises, and will not conduct himself or herself in such way that may endanger the buildings from fire or cause a forfeiture of any fire insurance that the Lessor has or hereafter may have on the buildings. 9. Lessee covenants and agrees that he will do none of the following things with out the consent, in writing, of Lessor first had and obtained: ASSIGNMENT a. Except as otherwise specifically set forth herein, assign this lease nor sublet the premises or any part of the premises covered by this Lease without the prior written consent of Lessor. RENOVATIONS b. Make any renovations or structural changes, additions or improvements to the leased premises without having first obtained Lessor's written consent, which consent shall not be unreasonably withheld. Such changes, additions or improvements shall be made at Lessee's expense, and shall become property of the Lessor upon termination of this Lease. INSPECTION 10. Lessee covenants and agrees that Lessor shall have the right at all reasonable times by himself or his duly authorized agents to go upon and inspect the demised premises and every part thereof. This provision shall authorize the Lessor to post a "For " Rent sign and to show said premises at reasonable hours to prospective tenants during the last ninety (90) days of the term herein. PERSONAL 11. Lessor shall not be responsible for damage from any cause to personal PROPERTY property of Lessee in the leased premises, and Lessee shall be required to carry his own insurance on such personal property. ADDITIONAL 12. In the event of the failure of Lessee to promptly perform any of the RENT covenants and conditions of this Lease, Lessor may go upon the demised premises and perform such covenants, the costs thereof, at the sole option of Lessor, to be charged to Lessee as additional and delinquent rent. FIRE 13. In the event of the destruction of the demised premises by fire, water damage, governmental action or acts of God, then: a. In the event that the demised premises are totally destroyed or so damaged by fire or other casualty not occurring through fault or negligence of the Lessee or those employed by or acting for him, that the same cannot be repaired or restored within a reasonable time, this lease shall absolutely cease and determine, and the rent shall abate for the balance of the term. b. If the damage caused as above be only partial and such that the premises can be restored to the then condition within a reasonable time, the Lessor may, at his option, restore the same with reasonable promptness, reserving the right to enter upon the demised premises for that purpose. The Lessor also reserves the right to enter upon the demised premises whenever necessary to repair damage cause by fire or other casualty to the buildings of which the demised premises are a part, even though the effect of such entry be to render the demised premises or a part thereof untenant-able. In either event, the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demises premises rendered untenantable and the duration of the Lessor's possession. If a dispute arises as to the amount of rent due under this clause, Lessee agrees to pay the full amount claimed by Lessor. Lessee shall, however, have the right to proceed by law to recover the excess payment, if any. c. Lessor shall make such election to repair the premises or terminate this lease by giving notice thereof to Lessee at the leased premises within thirty (30) days from the day Lessor received notice that the demised premises had been destroyed or damaged by fire or other casualty. d. Lessor shall not be liable for any damage, compensation or claim by reason of inconvenience or annoyance arising from the necessity of repairing any portion of the building, the interruption in the use of the premises, or the termination of this lease by reason of destruction of the premises. e. The Lessor has let the demised premises in its present condition and without any representations on the part of the Lessor. It is understood and agreed that Lessor is under no duty to make repairs or alterations at the time of letting or at any time thereafter, except as otherwise provided for in this agreement. DEFAULT 14. If the Lessee: a. Does not pay in full within ten (10) days from the date it is due any and all installments of rent, and/or does not pay in full when due other charges or payments herein reserved, included or agreed to be treated or collected as rent, and/or any other charge, expense or cost herein agreed to be paid by the Lessee, or b. Vacates the demised premises, or removes or attempts to remove, or manifests as intention to remove any goods or property therefrom otherwise than in the ordinary and usual course of business, without having first paid and satisfied the Lessor in full for all rent and other charges then due or that may thereafter become due until the expiration of the term above mentioned, or c. Fails to observe or perform any of the other terms, covenants or conditions of this lease on the part of Lessee to be observed and performed, which failure persists after the expiration of twenty (20) days from the date Lessor gives notice to Lessee calling attention to the existence of such failure, provided however that if the matter which is the subject of the notice is of such a nature that the same cannot reasonably be corrected within twenty (20) days, then no default shall be deemed to have occurred if Lessee, before the expiration of the twenty-day period from the date of giving of the aforesaid notice by Lessor, commences the curing of the default and diligently prosecutes the same to completion, d. Becomes insolvent or makes an assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against the Lessee, or a bill inequity or other proceeding for the appointment of a receiver for the Lessee is filed, or if proceedings for reorganization or for composition with creditors under any state or federal law be instituted by or against Lessee, or if the real or personal property of the Lessee shall be sold or levied upon by any Sheriff, Then and in any or either of said events, there shall be deemed to be a breach of this lease, and thereupon and without entry or other action by Lessor: 1. The rent for the entire unexpired balance of the term of this lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by the Lessee, including but not limited to legal expenses and attorney's fees, including those incident to the recovery of possession, brokerage and/or putting the demised premises in good order or for preparing the same for re-rental, or at the option of Lessor any part thereof, and all costs, shall, in addition to any and all installments of rent already due and payable and in arrears, and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent, and/or any other charge, expense or cost herein agreed to be paid by the Lessee which may be due and payable and in arrears, be taken to be due and payable and in arrears as if by the terms and provisions of this lease, the whole unpaid balance of unpaid rent and other charges, payments, taxes, costs and expenses were on that date payable in advance; and if the lease or any part thereof is assigned, or if the premises or any part thereof is sublet, Lessee hereby irrevocably constitutes and appoints Lessor as Lessee's agent to collect the rents due by such assignee or sublessee, and apply the same to the rent due hereunder, without in any way affecting Lessee's obligation to pay any unpaid balance of rent due hereunder, or in the event of any of the foregoing at any time at the option of Lessor; 2. This lease and the terms hereby created shall determine and become absolutely void without any right on the part of the Lessee to save the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken; whereupon Lessor shall be entitled to recover damages for such breach in an amount equal to the amount of rent reserved for the balance of the term of this lease, and other charges, payments, costs and expenses referred to in subparagraph 1 hereof. REMEDIES 15. In the event of any default as above set forth in paragraph 18, the Lessor, or anyone acting on Lessor's behalf, at Lessor's option: a. May without notice or demand enter the demises premises for the purpose of distraining or levying on any goods or chattels therein. b. May lease said premises or any part or parts thereof to such person or persons as may, in Lessor's discretion, seem best, and the Lessee shall be liable for any loss of rent for the balance of the then-current term. c. If rent and/or any charges hereby reserved as rent shall remain unpaid on any day when the same ought to be paid, Lessee hereby empowers any Prothonotary or attorney of any court of record to appear for Lessee in any and all actions which may be brought for rent and/or the charges, payments, costs and expenses reserved as rent, or agreed to be paid by the Lessee, and/or to sign for Lessee an agreement for entering in any competent court an amicable action or actions for the recovery of rent or other charges or expenses, and in said suit or in said amicable action or actions, to confess judgment against Lessee for all or any part of the rent specified in this lease and then unpaid, including, at Lessor's option, the rent for the entire unexpired balance of the term of this lease, and/or other charges, payments, costs and expenses reserved as rent or agreed to be paid by the Lessee, and for interest and costs together with attorney's commission of five percent (5%). Such authority shall not be exhausted by one exercise thereof, but judgment may be confessed as aforesaid from time to time as often as any of said rent and/or other charges reserved as rent shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the original term and/or during any extension or renewal of this lease. d. When this lease shall be determined by a condition broken, either during the original term of this lease or any renewal or extension thereof, and also when and as soon as the term hereby created or any extension thereof shall have expired, it shall be lawful for any attorney, as attorney for Lessee, to file an agreement for entering in any competent court an amicable action in judgment and ejectment against Lessee, and all persons claiming under Lessee for the recovery by Lessor of possession of the herein demised premises, for which this lease shall be his sufficient warrant, whereupon, if Lessor so desires, a Writ of Possession may issue forthwith, without any prior proceedings whatsoever, and provided that if, for any reason, after such action shall have been commenced, the same shall be determined and the possession of the premises hereby demised remain in or be restored to Lessee, Lessor shall have the right upon any subsequent default or defaults, or upon the termination of this lease as hereinbefore set forth, to bring one or more amicable action or actions, as hereinbefore set forth, to recover possession of the said premises. CUMULATIVE 16. All the remedies hereinbefore given to Lessor and all rights and remedies EFFECT given to him by law and equity shall be cumulative and concurrent. No determination of this lease or the taking or recovery of the premises shall deprive Lessor of any of his remedies or actions against the Lessee for rent due at the time, or which, under the terms hereof, would in the future become due, as if there has been no determination, or for sums due at the time of which, under the terms hereof, would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenants, or the resort to any other remedy herein provided for the recovery of rent, be construed as a waiver of the right to obtain possession of the premises. Similarly, no exercise of any of Lessor's rights given to him by law and equity, or exercisable in accordance with the terms and provisions of this lease agreement, shall deprive Lessor of any of his remedies or actions against the Lessee under the terms of the Agreement of Sale referred to hereinabove. SUBORDINATION 17. This lease is subject and subordinate to the lien of all mortgages now or at any time hereinafter placed upon any part of Lessor's property, which includes the apartments, to extensions or renewals thereof, and to all advances now or hereafter made on the security thereof. Lessee agrees, on request, to execute such further instruments evidencing such subordination as Lessor may request, and if Lessee fails to do so, Lessor is empowered to do so in the name of Lessee. MECHANICS' 18. The Lessee shall have no right to encumber or subject the interest of the LIENS Lessor in the demised premises to any mechanics, materialmens or other liens of any nature whatsoever, and upon the filing of any such lien, the failure of the lessee to have the same removed from record promptly shall constitute a violation of this agreement and entitle Lessor at his option to take any legal action elsewhere in this agreement reserved to said Lessor. QUIET 19. It is further understood and agreed, that subject to the terms of this lease, POSSESSION Lessee, paying the rent hereby reserved, and performing and observing the several covenants hereof, may peacefully hold and enjoy the said premises throughout the duration of this lease without any interruptions by the Lessor, its heirs or assigns or any person lawfully claiming through him. APPLICATION 20. Lessor shall have the right to apply any payments made by Lessee to the OF PAYMENTSsatisfaction of any debt or obligation of Lessee to Lessor according to Lessor's sole RECEIVED discretion and regardless of the instructions of Lessee as to the application of any such FROM LESSEEsum, whether such instructions be endorsed upon Lessee's check or otherwise, unless otherwise agreed upon by both parties in writing. The acceptance by Lessor of a check or checks drawn by others than Lessee shall in no wise affect Lessee's liability hereunder nor shall it be deemed an approval of any assignment of this lease by Lessee. LESSOR'S 21. If during the last month of the term of this lease or any renewal or extension ENTRY AT of the said term Lessee shall have removed all or substantially all of the Lessee's property END OF from the premises, Lessor may, prior to the expiration or termination of the term of the LEASE lease without releasing Lessee from any obligations to repair or restore the demised premises or to pay the rent in full, and without any elimination or abatement thereof, immediately enter upon and alter renovate and redecorate the premises. NOTICE 22. All notices which are required or are permitted to be given hereunder shall be in writing and shall be deemed to have been duly given if personally delivered or sent by United States certified mail, prepaid: A. If to Le?°j , addressed A, lc- 61176 t+-CiS[P TP,4 17013 J B. If to Lessee, a Pressed to: tCl ? ? ?t l? 11 B Cs?(? cS`E- . ?w??s??? ?r4 I ?af Such addresses may be changed at any time and from time to time by like written notice given by either party to the other. It is further understood and agreed that notice to either of the Lessees shall constitute and be deemed notice to both. OTHER 23. The marginal titles appearing in this lease are for purposes of each reference PROVISIONS and shall not be considered a part of this lease or in any way to modify, amend, or affect the provisions thereof. BINDING 24. All rights and liabilities herein given to or imposed upon the respective EFFECT parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of Lessee unless the assignment of such assignee has been approved by Lessor in writing as aforesaid. IN WITNESS WHEREOF, the parties hereto have executed these presents, intending to be legally bound, on the day and year first above written. WITNESS: ) 2_0 (SEAL) (SEAL) l (SEAL) (SEAL) >dj D a Z a V- N fA ? N! Q a•^ ? O N ft! Y p O O O O O O O O p W ° U Q U9 2 w W ° O O ° G& O O p 8 aD O F- g ?y o co a ? N N Q a co ° ° ° W ? O g 9 pO o w g N ,,Npp N N Appellees Exhibit „B" o nb g , M w ccx f?9 N! CSF CO) ow COMMONWEALTH OF PENNSYLVA ???IMM ORDER FOR POSSESSION COUNTY OF: CUMBERLAND g RETURN AND NOTICE Mag. Dist. No.: INTIFF: NAME and ADDRESS 09-2-02 FORR, PAUL & DARLENE MDJ Name: Hon. BY: --- ---HO EAST HIGR ST JESSICA BREi1BAEER C/O PAUL BRADFORD ORR,ESQ Address: 18 g HANOVER ST STE 106 LCARLISLE, PA 17013 CARLISLE, PA vs. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 240-6564 17013 5PINTYA, MIKE, ET AL. 612 H HANOVER ST CARLISLE, PA 17013 PAUL A DARLMM ORR 50 EAST HIGH ST C/O PAUL BRADFORD ORR,ESQ CARLISLE, PA 17013 Judgment Amount $ Costs in Original LT Proceeding $ Costs in this Proceeding $ Attorney Fees $ Total $ 3,435.00 135.25 134.50 .00 3,704.75 7 J 7 L J Docket No.: LT-0000205-09 Date Filed: 7/02/09 Time Filed: 2:26PM Date Order Filed: 7/27/09 Irv THE MAGISTERIAL DISTRICT JUDGE: The above named plaintiff, having obtained a judgment for possession of real property located at: Address if any: 612 N MW U 91RS . CkMSLE, PA 1701 Requests that you issue an ORDER FOR POSSESSION for such property. Date: 7/27/09 Plaintiff: (Signature on File) To: IRVING WALLACE ORDER FOR POSSESSION zfSlt+t*er Certified Constable) You are hereby directed to deliver actual possession to plaintiff, or his agent, of real property located at (Give location and/oraddress): 619 g ANnygg_STRSM ('.ABLTRTX_ PA i7niq Date: 7197 nq Time: 2o26 pm `cam Magisterial District Judge CJ_ Date: _-7- o?Time: f Certified Constable ? Defendant (Name): RETURN ? Adult person in charge (Name): Served with copy of ORDER FOR POSSESSION and served with NOTICE TO VACATE on (Date of service): at (Location and Address): ? Since none of the above found, served by posting a copy of the complaint conspicuously on the premises at (Date): (Time): ? Order satisfied by payment of rent in arrears and costs ? Premises vacated without forcible entry and ejectment Amount Paid $ Distribution ? Forcible entry and ejectment (Date): $ To (Time): $ To ? Returned within five business days following delivery of possession to plaintiff or satisfaction by payment of rent $ To in arrears and costs. $ To Expenses and fees of sheriff or certified constable $ $ To $ To (Signature of Sheriff or Certified Constable) (Print Name and Title) NOTICE TO DEFENDANT TO VACATE If you, and all the occupants of this property not authorized by the ner to be present thereon, do not vacate this property within ten (10) days after the (date of service) 3 day of IV L Z 2 Vim' , the law authorizes me to use, and I must use, such force as may ha narecSarv to enter uDon this property, by the breaking in of any door or otherwise, and to eject you and all unauthorized occupants. If necessa on after 12:01 AM. At any time before acts Appellees )erty is made in execution of the Order for Possession, the defendant may, in a case for the re- covery of possession : f pay rent, satisfy the Order for Possession by paying to the executing officer the rent actually in arrears and the cost of Exhibit Complete if judgment, tlely on failure to pay rent. Rent in Arrears $ 3434i-00 costs $ 969 _ 75 AOPC 311 B-08 r COMMONWEALTH OF PENN p Cd741 RI v M COUNTY OF WI : CD 11 if Ii I nnnn Mag. Dist. No.: M DJ Name: Hon. 09-2-02 BY: P ?••...____ JESSICA BREiIBAKER Address: 18 39 RMOVER ST STE 106 CARLISLE, PA Telephone: (717 240-6564 17013 PAUL alt DARLEM ORR 50 BAST HIGH ST C/O PAUL BRADFORD ORR,ESQ CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rORR PAUL alt DARL? , 50 BAST HIGH ST C/O PAUL BRADFORD ORR,BSQ LCARLISLB, 'PA 17013 J VS. DEFENDANT: NAME and ADDRESS rPINTYA, MISB, ET AL. ? 612 a HANOVER ST CARLISLE, PA 17013 L J Docket No.: LT-0000205-09 Date Filed: 7/02/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) OAR, PAUL ali D71R.LIB Judgment was entered against PINTYA, MIKE in a ?a Landlord/Tenant action in the amount of $ 3,570.25 on 7/14109 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 885.00. The total amount of the Security Deposit is $ 885.00 Total Amount Established bt MDJ Less • Security Deposit Applied = Rent in Arrears $ 3, 35.00-$ .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ _00-$ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 *LEASE ENDS Attorney Fees ? This case dismissed without prejudice. CTIVE 7/31/49rotal Judgment AND ACCORDING Post Judgment Credits F-1 Possession granted. T pLAITI", Q Possession granted if money judgment ? Possession not granted. $ Adjudicated Amount 3,435.00 $ .00 $ 00 $ _00 $ -00 $ $ 3,435_00 135_25 $ -00 $ 3,570.25 Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Appellees Exhibit "D„ LL NOT BE Post Judgment Costs NEWED. Certified Judgment Total My commission expires first Monday of January, 2012. AOPC 315A-08 SEAL 1' .C r COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of ; _., y .. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 ' - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. r r°...?'` ?..+y?...?}'6.,. ? a?.+t?=» wm?.d?..?.?y< a? i'?" •? s, k, »?s?....,?:"? ?e4'. u?'., d'+? ?+? ..t ADDRESS OF APPELLANT nY .} STATE ZIP CODE ATE OF JUDGME IN T¢IE CASE OF (F'" 1 ` i t i y This block will be signed ONLY when this notation is required under Pa. If appellant was, laimant (see Pa. R. C.P. D. J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Do" PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary { Enter rule upon ?r' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. Ch r ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of toratbmey or agent RULE: To ,.?:a.?"` _ ? . ,?v}t,.(? .°°?.,?,.• . appellee(s) f m o/appe#Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If YOob`enbt fitea eoq 91'#A#0 in this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) 1,9q date 'of service of this,'nj* i"rvice was by mail is the date of the mailing. a Date: : 213, 1,. Signature f Prothonotary or Deputy y • YOU Itl1U3 'INCLUDE-A COPy OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. F ; .7s AOPC 312-02 Appellees Exhibit WHITE - COURT FILE TO BE FILED WITH PROTI "E" RT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPE E SERVED ON DISTRICT JUSTICE N idPenn Legal Services ?e 401 East Louther Street, Suite 103, Carlisle, PA 17013 Phone 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-528 D M (9 M S"'j IF ? I www.midpenn.org cyu V AUG 1 0 2009 • ? a 0 BY ....... E-4 ........ CERTIFIED RETURN RECEIPT REQUESTED August 7, 2009 Paul and Darlene Orr c/o Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Re: Orr v. Pintya 09-5520 Dear Mr. and Mrs. Orr: PUS IV?. Please be advised that I now represent the Defendant in the above. Enclosed you will find a Notice of Appeal, Praecipe to Enter Rule to File Complaint, and Rule to File. Should you have any questions in this regard, please feel free to contact me. Sincerely, Geoffrey M. Biringer '! T SC Appellees " LExhibit „F, Paul Bradford Orr, Esquire Robin Starner, Office Manager/Notary Public August 13, 2009 SENT VIA FAX ONLY TO: 243-8026 Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 RE: Orr v. Pintya Docket No.: 09-5520 Notice of Appeal from District Justice Judgment Dear Attorney Biringer: OF COUNSEL Allen C. Welch, Esquire Email: CrimDefl@aol.com As you are aware, I represent the Appellee's in the above captioned matter. Tomorrow, I will be preparing a Complaint and filing it at the Cumberland County Prothonotary's Office. Please advise your client's that I will also be requesting counsel fees and sanctions for filing a frivolous appeal. There is no basis in fact for an appeal in this matter, according to my client's...... In any event, I will look forward to receiving your answer in the appropriate time frame whereby I will move forward for an expedited hearing on the merits of your appeal immediately. In closing, I am also respectfully demanding the current mailing address of your client's in order to comply with the Landlord/Tenant Act. Sincerely, 3. OAA,.o I Paul Bradford Orr, Esquire PBO/rls cc: Paul & Darlene Orr Appellees 'p,tMtlb `btX A = IfAD\ Exhibit „G„ PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGH STREET, CARLISLE, PA 17013 PHONE (717) 258-8558 FAX (717) 258-5289 Email: yaulon,@embggmail.com e ,. .... %. t Vt MEMORY TRANSMISSION REPORT PAGE 001 TIME AUG-13-2009 03:46PM TEL NUMBER 7172585289 NAME Paul B. Orr Law Offices FILE NUMBER 615 DATE AUG-13 03:46PM TO $2438026 DOCUMENT PAGES 001 START TIME AUG-13 03:46PM END TIME AUG-13 03:46PM SENT PAGES 001 STATUS OK FILE NUMBER 615 ** SUCCESSFUL TX NOT ICE *** PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGI-I STRBET, CARLISLE, PA 17013 PHONE (717) 2564558 PAX 1717) 256-8289 R . MMAL&MM Peal H-df-d a-, e 1LO1vin BRba -, OM- VA-S -,Wft*-W Public OF C?i1N8BL AO?n C. W?1el?, S?yulr? August 13, 2009 SENT VIA FAX ONLY TO: 243-8026 Geoffrey M. Biringer, Esquire Mid Penn Lagal Services 401 E. Louthar Street Suite 103 Carliale, PA 17013 RE: Corr %r- INntya Docket Na.: 09-5520 Notice of Appeal from Olatrict Justice Judgrnsnt Haar Attorney Biringer_ Am you are aware, I rapresent the Appellae's in the above captioned matter. Tomorrow, 1 will be preparing a Complaint and filing It at the Cumberland County Prothonotnry's Office. Please advise your client's that 1 will also be requesting counsel fees and sanctions for filing in frivolous appeal. Thera is no basis in fact for an appeal in this matter, according to my client's..... . In any avant, 1 will look forward to receiving your answer in the appropriate time frame whereby 1 will move forward for an expedited hearing on the merits of your appeal immediately. In closing, 1 am also raspectfully demanding the current mailing address of your cliant's in order to comply with the Landlord/Tanant Act. Sincerely, a. a.?. Paul Bradford Orr, Esquire PBO,Iris cc: Paul 8 Darlene Orr 'tD?«wiz?.e moult wa1air - tWLAD\ ?,_ OF TK- 7'-AU IARY 2 9 , 9 i' c'U r i1 "• t, j / -r,r PAUL F. ORR, DARLENE G. ORR, Appellees V. MIKE PINTYA, ALLISON MURRAY, Appellants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5520 CIVIL TERM PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant, Allison Murray, in the amount of $3,600.Orfor outstanding rent due, $269.75 for Filing Fees, Court Costs, and Constable Service Fees, $489.29 for an unpaid Water and Sewer Bill, $1,250.00 for Attorney Fees, $925.00 for Damages to the property as prayed for in the Complaint, for failure to file and Answer to Appellee's Complaint. ('\ A /7/? By: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellee's Supreme ID No. 71786 PAUL F. ORR, DARLENE G. ORR, Appellants V. MIKE PINTYA, ALLISON MURRAY, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5520 CIVIL TERM TO: Mike Pintya & Allison Murray DATE OF NOTICE: September 24, 2009 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE APPELLANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. :edlO treet Carlile. P 1 13 Phone: (717 249 1 By: Paul Bradford Orr, Eft 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellant Supreme ID No. 71786 PAUL F. ORR, DARLENE G. ORR, Appellees IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MIKE PINTYA, ALLISON MURRAY, Appellants :NO. 09-5520 CIVIL TERM CERTIFICATE OF SERVICE I, Paul Bradford Orr, Esquire, Attorney for the Appellees, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same via first class mail, postage prepaid, addressed as follows: Allison Murray c/o Mid Penn Legal Services 401 E. Louther Street Suite 103 Carlisle, PFN013„ By: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney for Appellee's Supreme ID No. 71786 `led -??e & Miel^14"X 6u"47 lq.oo Pay. A-Lqy CK-* a3?a k-44 a31&1 AIi`ee A4a• 1W PAUL F. ORR, DARLENE G. ORR, Appellees V. MIKE PINTYA, ALLISON MURRAY, Appellants TO: ALLISON MURRAY, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 09-5520 CIVIL TERM NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 43 day of Od , 2009, the following Judgment was entered against you in the above captioned action: judgment in the amount of $3,600.00, plus extra costs totaling $2,961.04 for a total Judgment amount of $6,561.04 as prayed for in the Complaint for failure to file an Answer to Appellee's Complaint. Date /a -13.OS' Prothonotary /,eL I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P.236 is: Allison Murray c% MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013