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Home My WebLink About10-0401PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. 016654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. 081894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 EXCHANGE ERIE INSURANCE A SUBROGEE OF WILLAIM KOVACH AND MARY KOVACH P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KATALINA MATOS CORTES 6754 E. CEDAR AVENUE, UNIT B DENVER, CO 80224 AND LEONICIO SALAS 10000 E. ALAMEDA AVENUE, APT. 610E DENVER, CO 80247 AND WILLIAM J. MINNICK 22 BATT AVE WILLOW STREET, PA 17584 AND FLAHART TRANPORT INC. 752 NOTTINGHAM ROAD PEACH BOTTOM. PA 17563 NOTICE THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. fV O c C - X- 77 • _c 77 CIVIL COMPLAINT AVISO YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN 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„ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LO aa• 0 C? -_J ?J rl rn Le han demandado a Listed en la torte. Si usted quiere defenderse de estas demandas expuestas an [as paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notification. Listed debe presenter Una apariencia escrita o an persona o por abogado y archivar an Is corte sus defenses o sus objetiones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, Is corte tomara medidas y puede entrar Una orden contra usted sin previo aviso o notification o por cuaigier queja o alivio que espedido an la petition de demands. Listed puede perder dinero, sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 4 9 -Z - 63 6) ?C1- &? Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Cjedi eo3s'8 R-lk- a343? PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF WILLAIM KOVACH AND MARY KOVACH P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KATALINA MATOS CORTES 6754 E. CEDAR AVENUE, UNIT B DENVER, CO 80224 EKED LEONICIO SALAS 10000 E. ALAMEDA AVENUE, APT. 610E DENVER, CO 80247 AND WILLIAM J. MINNICK 22 BATT AVE WILLOW STREET, PA 17584 AND THIS IS AN ARBITRATION MATTER FLAHART TRANPORT INC. 752 NOTTINGHAM ROAD PEACH BOTTOM. PA 17563 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. I () ?, ! I J11 U ? c ,,,A" ( fcrA CIVIL COMPLAINT NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN.§201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire bring action upon a cause whereof the following is a statement: 1. The Plaintiff. Erie Insurance Exchange ("Plaintiff'), is a corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of William Kovach and Mary Kovach, herein the ("Insureds") under a policy of insurance issued by Plaintiff. 2. Defendant, Katalina Matos Cortes, is an individual residing at 6754 E. Cedar Avenue, Unit B, Denver, CO 80224. 3. Defendant, Leonico Salas, is an individual residing at 10000 E. Alameda Avenue, Apt. 61 E, Devner, CO 80247. 4. Defendant, William J. Minnick, is an adult individual residing at the above captioned address. 5. Defendant, Flahart Transport Inc., is a Pennsylvania Corporation doing business within this Commonwealth with an address captioned above. 6. At all times hereinafter mentioned the Defendant Katlina Matos Cartes was the agent, workman, servant, employee of the Defendant Leonico Salas then and there in engaged in the business of the Defendant Leonico Salas within the course and scope of her employment. Additionally, at all times hereinafter mentioned the Defendant William J. Minnick was the agent, workman, servant, employee of the Defendant Flahart Transport, Inc. then and there in engaged in the business of the Defendant Flahart Transport, Inc. within the course and scope of his employment. 7. On or about January 24, 2008, Plaintiffs Insured's vehicle was traveling on SR 581, Hampden Township, Pennsylvania when her vehicle ran over concrete and debris in the scattered in the right lane of SR 581. The debris in the roadway resulted from an earlier accident in which a tractor trailer, driven by Defendant William Minnick and owned by Defendant Flahart Transport, Inc., impacted the center concrete barrier separating the east and westbound lanes after a vehicle driven by operated by the Defendant Katalina Matos Cortes and owned by Defendant Leonico Salas failed to yield when entering the highway causing the damages hereinafter set forth. 8. Plaintiff avers that the personal property if the Insured was damages as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Three Thousand Three Hundred Ninety Seven and 861100 ($3,397.86) plus the Insured's deductible of One Thousand and 00/100 ($1,000.00) a total of Four Thousand Three Hundred Ninety Seven and 861100 ($4,397.86) Dollars. A true and correct copy of the estimate is attached hereto and made part hereof as Exhibit "A." Count I Erie Insurance Exchange v. Katalina Matos Cortes 9. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was due to the negligence of the Defendant, Katlina Matos Cartes, in that she: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to drive at a speed and in the manner that would allow her to stop within the assured clear distance ahead; g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; h. did operate the motor vehicle without due regards for the rights, safety and position of the Insured at the point of aforesaid; i. did operate the vehicle without Insurance; j. did fail to maintain financial responsibility; and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland, Section 3323 of the motor vehicle code, pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. Leonico Salas 11. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The said occurrence was due to the negligence of the Defendant, Leonico Salas, in that he: a. negligently entrusted his vehicle to another operator for use when he knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the motor vehicle properly; b. negligently entrusted his motor vehicle to a person which he knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrusted his motor vehicle to a person known, should have known or in the exercise of reasonable care would have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrusted her motor vehicle to another person who he knew, should have known or in the exercise of due care would have known would cause damages to another; and e. negligently entrusted his motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. Count III Erie Insurance Exchange v. William J. Minnick 13. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 12 inclusive of this Complaint as fully as though same were herein and set forth at length. 14. The occurrence was the result of the negligence of the Defendant William J. Minnick, in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did permit or allow the vehicle to strike and collide with the concrete barrier; g. did fail to drive at a speed and in the manner that would allow them to stop within the assured clear distance ahead; h. did operate the motor vehicle without due regard for the rights, safety and position of the Insured at the point of aforesaid and in a reckless manner; i. attempted to proceed without allowing Defendant Cortes' vehicle to merge into traffic; failed to remove debris from the roadway immediately after striking the barrier;and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland pertaining to the operation of motor vehicles. Count IV Erie Insurance Exchange v. Flahart Transport Inc. 15. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 14 inclusive of this Complaint as fully as though same were herein and set forth at length. 16. The occurrence was the result of the negligence of Defendant Flahart Transport Inc, in that they: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did permit or allow the vehicle to strike and collide with the concrete barrier; g. did fail to drive at a speed and in the manner that would allow them to stop within the assured clear distance ahead; h. did operate the motor vehicle without due regard for the rights, safety and position of the Insured at the point of aforesaid and in a reckless manner; attempted to proceed without allowing Defendant Cortes' vehicle to merge into traffic; failed to remove debris from the roadway immediately after striking the barrier;and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland pertaining to the operation of motor vehicles. 17. Defendant Flahart Transport Inc. is vicariously liable for the acts and omissions of its employees, Defendant William J. Minnick, as those acts or omissions were committed during the course of, and within the scope of, their employment with Defendant. WHEREFORE, Plaintiff demands judgment against the Defendant upon each court in an amount not in excess of Fifty Thousand.,agd 00/100 ($50,000.00) dollars to ethe with costs of suit. L /? ate Paul F. D'Emilio, Esquire Identification No. 16654 E-mail address: pauld(M-demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: paulsO-demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 ATTORNEY VERIFICATION Attorney Paul M. Schofield, Jr., Esquire is the attorney for the Plaintiff in this case. This verification is being made on behalf of the Plaintiff who are currently outside the jurisdiction of this court and the verification of none of them can be obtained within the time allowed for filing this Pleading. This verification is being made in accordance with PA.R.C.P. 1024. Plaintiff's counsel verifies that the information contained in the foregoing Complaint is true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA.C.S.A Section 4904 relating to unsworn falsification to authorities. ?? DATE: ? n t V11 1, / zulm. Schofield, Jr., Esquire Exhibit "A" 0 0 Req: ROWLES ,C 01/31/2008 AT 02:41 PM 010170960860001 ERIE INSURANCE GROUP HARRISBURG CLAIMS OFFICE P.O. BOX 11 PLAINFIELD, PA 17081 (717)245-9826 FAX: (717)240-0696 ESTIMATE OF RECORD WRITTEN BY: DAVID SWARNER #135102 01/31/2008 02:38 PM ADJUSTER: DAVID SWARNER #135102 INSURED: WILLIAM & MARY J KOVACH CLAIM #010170960860001 OWNER: WILLIAM & MARY J KOVACH POLICY #Q051303235 ADDRESS: 3 ALEXANDRIA CT DATE OF LOSS: 01/24/2008 AT 04:15 PM MECHANICSBURG, PA 17050-0000 TYPE OF LOSS: COLLISION EVENING: (717)796-2181 POINT OF IMPACT: 21. UNDERCARRIAGE INSPECT BOBBY RAHAL TOYOTA OTHER LOCATION: MECHANICSBURG, PA REPAIR BOBBY RAHAL TOYOTA BUSINESS: (717)691-0500 FACILITY: 6305 CARLISLE PIKE 4 DAYS TO REPAIR MECHANICSBURG, PA 17050 LICENSE # 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED GREY MET INT: VIN: 4T1BE32K62U5 81358 LIC: DBP-9883 PA PROD DATE: ODOMETER: 152795 AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL INTERMITTENT WIPERS BODY SIDE MOLDINGS DUAL MIRRORS CONSOLE/STORAGE ROOF CONSOLE CLEAR COAT PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER MIRRORS AM RADIO FM RADIO STEREO CASSETTE SEARCH/SEEK CD PLAYER DRIVER AIR BAG PASSENGER AIR BAG CLOTH SEATS BUCKET SEATS 5 SPEED TRANSMISSION OVERDRIVE FULL WHEEL COVERS - ----- ----------------- --- ----------------- NO. OP. ----------------------------- DESCRIPTION ----------------------------- QTY ----- EXT. PRICE LABOR ----------------- PAINT ---------- ----------------- 1 - COOLING 2* REPL LT UNDER COVER 1 86.97* 0.2 M 3* REPL UNDER COVER RETAINER 8 10.08* 4# REPL RETAINER 1 10.55 5 RECYCLED ASSEMBLIES N 6* REPL USED TRANS ASSY; 2.4 LITER * 1 750.00* 8.5 M (R&I ENGINE/TRANS ASSY) +25% * 74 TRANSFER USED ASSY 1 1.0 M 8# ROAD TEST & ADJUST LINKAGES 1 1.0 M 94 TRANSMISSION SERVICE 1 160.00 T 10 EXHAUST SYSTEM N 11* REPL CONVERTER & PIPE US BUILT 1 870.20* M 0.7 M 12* REPL CONVERTER & PIPE GASKET FRONT 1 14.92* 1 Req: ROWLES ,C 01/31/2008 AT 02:41 PM 010170960860001 ESTIMATE OF RECORD 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED GREY MET INT: --------- NO. -------- OP. ------------------------------ DESCRIPTION ---- QTY ---------------------------- EXT. PRICE LABOR PAINT ----- - -- --------- 13* -------- REPL ------------------------------ CONVERTER & PIPE GASKET REAR ---- 1 ---- - ---- ----------- 3.46* 14# REPL HANGER 1 14.35 15# REPL HANGER 1 27.84 16 FRONT SUSPENSION 17* REPL USED SUB FRAME +25$ 1 750.00* M 5.0 M 18# SUBL FOUR WHEEL ALIGNMENT 1 70.00 T 19# MISC. 1 20# SUBL DIAGNOSTIC TIME 1 84.95 T 21# ****************************** 1 ****************************** 22# AGREED PRICE/ (4) DAYS CYCLE 1 TIME WITH 23# OWNER & DAVE ® REPAIR SHOP 1 24# ****************************** 1 ****************************** --------- -------- ------------------------------ SUBTOTALS ==> ----- --------------------------- 2853.32 16.4 0.0 LINE 6 USED SUBFRAME & TRANSMISSION PRICED BY (CARL) AT AUMILLERS AUTO PARTS 1-800-692-7463 QUOTE# 105654. TRANSMISSION WOULD HAVE A 1 YEAR WARRANTY SUPPLIERS PART DESCRIPTION: ENGINE -4CYL(2AZFE ENG)FED,IMAX,TOVER,(FCF),2.4L (VIN E 5TH DIGIT 2AZFE ENG 4 CY LINE 11 NO LISTING PER FISHER AUTO PARTS (STEVE) 717-249-1492 PARTS 2538.37 MECHANICAL LABOR 16.4 HRS ®$ 79.00/HR 1295.60 SUBLET/MISC. 314.95 ---------------------------------------------------- SUBTOTAL $ 4148.92 SALES TAX $ 4148.92 @ 6.0000% 248.94 TOTAL COST OF REPAIRS $ 4397.86 ADJUSTMENTS: DEDUCTIBLE 1000.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 1000.00 NET COST OF REPAIRS $ 3397.86 VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMENT IS MADE. THIS IS NOT AN AUTHORIZATION TO REPAIR. 2 0 0 Req: ROWLES ,C 01/31/2008 AT 02:41 PM 010170460860001 ESTIMATE OF RECORD 2002 TOYO CAMRY LE 4-2.4L-Fl 4D SED GREY MET INT: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RELY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER (IE..MOTORS DATABASE INFORMATION WAS CHANGED). **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. 0 Req: ROWLES C 01/31/2008 AT 02:41 PM 010170960860001 ESTIMATE OF RECORD 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED GREY MET TNT: ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE ARM8521, CCC DATA DATE 01/01/2008, AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER- OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM (OPTIONAL OEM) OR ALT OEM (ALTERNATIVE OEM) PARTS ARE OEM PARTS THAT MAY BE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OEM VEHICLE DEALERSHIPS. OPT OEM OR ALT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. OPT OEM OR ALT OEM PARTS MAY INCLUDE "BLEMISHED" PARTS PROVIDED BY OEM'S THROUGH OEM VEHICLE DEALERSHIPS. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (-) ITEMS INDICATE MOTOR NOT-INCLUDED LABOR OPERATIONS. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECOND. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND BENCHMARK PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS. LABOR OPERATION TIMES LISTED ON THE LINE WITH THE NAGS INFORMATION ARE MOTOR SUGGESTED LABOR OPERATION TIMES. NAGS LABOR OPERATION TIMES ARE NOT INCLUDED. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 4 Req: ROWLES ,C 01/31/2008 AT 02:41 PM 010170960860001 ESTIMATE OF RECORD 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED GREY MET INT: RECYCLED PART SUPPLIERS LINE LINE DESCRIPTION PRICE 6 USED TRANS ASSY; 2.4 LITE +25% STOCK NO.: M72170 $ 750.00 LKQ - MIDWEST (866)557-2677 OH,IN,PA,MI,MD,IN,IL,WI,MN,IO 1436 TRIPLETT BLVD. AKRON, OH 44306 5 0 0 Req: ROWLES c 01/31/2008 AT 02:41 PM 010170960860001 ESTIMATE OF RECORD 2002 TOYO CAMRY LE 4-2.4L-FI 4D SED GREY MET INT: ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 0 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 OPTIONAL OEM PARTS OPTIONAL OEM SELECTION METHOD: MANUALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN OPTIONAL OEM PART WAS AVAILABLE: 0 NO. OF OPTIONAL OEM PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 RECONDITIONED PARTS RECONDITIONED SELECTION METHOD: MANUALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT A RECONDITIONED PART WAS AVAILABLE: 0 NO. OF RECONDITIONED PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 RECYCLED PARTS NO. OF TIMES USER WAS NOTIFIED THAT A RECYCLED PART WAS AVAILABLE: 4 NO. OF RECYCLED PARTS THAT APPEAR IN THE FINAL ESTIMATE: 2 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Erie Insurance Exchange vs. Flahart Transport, Inc. ~~,,~Ytr ~~ia~~u6r,rr~aa i~"I~t'~-~~' ~`' ~~ .v i, 201 FED 19 ~~~ ~': ;; ~} Cir, hu~ _ ~- ,•~~~~ Case Number 2010-401 SHERIFF'S RETURN OF SERVICE 01/20/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Flahart Transport Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 01!20/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: William J. Minnick, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint and Notice according to law. 02/02/2010 12:06 PM -Lancaster County Return: And now February 2, 2010 at 1206 hours I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Flahart Transport, Inc. by making known unto Carol Young, adult in charge at 752 North Nottingham Road, Peach Bottom, PA 17563 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/02/2010 Lancaster County Return: And now, February 2, 2010 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for William J. Minnick the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Lancaster and therefore return same NOT FOUND. Current resident of 22 Batt Avenue #6, Willow Street, PA 17584 advised Deputies William J. Minnick moved one year aao. SHERIFF COST: $53.00 February 12, 2010 Ai Cour-pguit~ Sh~s;'fi. 7e+eos;'t. ; ..,. l OF 2 SHERIFF'S OFFICE ~~ 50 NORTH DUKE STREET, P.O. BOX 83480, LAI`dCASTER, PENNSYLVANIA, 17608-3480 - (717} 299-8200 SHERIFF SERVICE ' -3-I PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/5/ 2. COURT DOCKET NUMBER 3~ Erie Insurance Exchange as subrogee of William Kovach and Mary Kovach 2010_401 H Z 3. DEFENDANT/5/ 4. TYPE OF DOCUMENTTO RESERVED n Katalina Matos Cortes, Leonico Salas, William J. Minnick and Flahart Transport Inc Civil Complaint x SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED William J. Minnick 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 22 Batt Avenue, Willow Street, PA 17584 LANCASTER County to e: request and risk of the plaintiff 8. SPECIAL INSTRUCTIONS OR OTHER ISH , ...,:..., ,...,~.,~ ....t...~,« ~„~ ,,,,~,,,, .,, ~reoF according to law. This deputation being made at the TION THAT WILL ASSIST IN EXPEDITING SERVICE: i CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff I n u n or attachin an evyi g po g y property under within writ may leave same without a watchman, in custody of whomever is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE ~~ ~aul F. D'Emilio, Esquire ' 610-338-0338 If l~ la .SEND NOTICE OF SERVICE COPY TO ME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) Paul F. D'Emilio, Esquire 905 W. Sproul Road, Suite 105, Springfield, PA 19064 __ z ~, z ~ .~s. _-,.~ ~ ~, 13. I acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above J.MELENDEZ 295-3685 1-21-10 2-18-10 ere y an tat '..have personally served, ave ega evi ence o service as s own In emar s , ave execute as shown in "Re ",the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, com r oration tc. t he addr inserte below b handin TRUE and ATTESTED C PY thereof. 17 ere certl an return a ecause am una a to ocate t e in Ivl ua , om an , cor oration, etc., name a ove. 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. ~ No Service See Remarks Below 20. Address of where.served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM / PM Boro, TWP, State and ZIP Code) ES.T7E.D.S.T -~ I ~ 24. Advance Costs 25. Service Costs R# ~'~~~JZ. 150._ 59.50 30. S.T.A.: ~~-' ~~ 31. AFFIRMED Dep. Int 26. Notary Costs ~t~ ~ ~ ~~~~ ~ Gv~ 20 Date Miles ~Dep.lnt Dep. Int 28. Total Costs 29. COST DUE OR REFUND ~~J ~~~~~ ~ ~~~~- ~~~~ ~~~C~~l~- c~ F'.~' cl ~~' 7 `2' 2r.-t ~ J i~~/o i ~ x~~'r'.._.,.~ ~ j G f ~ :_ ,~~ SHERI~F'SOFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717) 299-8200 ~S SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT of RETURN 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER Erie Insurance Exchange as subrogee of William Kovach and Mary Kovach 2010-401 3. DEFENDANT/5/ 4. TYPE OF DOCUMENTTO RESERVED Katalina Matos Cortes, Leonico Salas, William J. Minnick and Flahart Transport Inc ' Civil Complaint SERVE 5. NAME OF INDIVIDUAL COMPANY CORPORATION ETC. TO BE SERVED Flahart Transport Inc 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 752 North Nottingham Road, Peach Bottom, PA 17563 vcr v r rcc v i nrn Now, aAI~AR~ 28 2010 . I SHERI OF O o ereby deputize the Sheriff of LANCASTER County to exec n e return thereof according to law. This deputation being made at the request and risk of the plaintiff eriff ~ 8. SPECIAL INSTRUCTIONS OR OTHER ATION THAT WILL ASSIST IN EXPEDITING SERVICE: CUMBERLAND CO ! ~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OFWATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without Ifabiliry on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before shedfPs sale thereof. 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR print Name 10. TELEPHONE NUMBER 11. DATE ~~ Paul F. D'Emilio, Esquire 610-338-0338 - ~ I~ f /O. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) Paul F. D'Emilio, Esquire 905 W. Sproul Road, Suite 105, Springfield, PA 19064 13. I acknowledge receipt of the writ NAME of authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above J . MELENDEZ 295-3685 1-21-10 2-18-10 ere y an tat ;have personally served, ave ega ew ence o service as s own In emar s , i ave execute as shown in "Remarks",the writ or complaint described on the individual, compa ,corporation, etc., at the address shown above or on the individual, com or oration etc. t th address ins rte below handino a TRUE and ATTESTED COPY thereof. t 7. I I nereoV cerCml ana return a NU I FUUNU because am una a to ocate t e I~ivi ua . mm~anv. cnrnnratrnn are Hama a nva R# 30. Remarks: S.T.A.: 31. AFFIRMED and subscribed to before me 34. day of 37. Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES ~~ 18. Name and title of individual Served(if not shown above) (Rela ' nship to Defendant) CARD ~/ou~J ~ ~rzs~ -,,a ~~ 1 g, ~'- No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM / Boro, TWP, State and ZIP Code) ~ ~ ~- t ~es:T/ .os.T ` a6 I o • 23. Attempts Date Miles Dep. int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int ~ ~ ~ ~.S 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Costs 29. COST DUE OR REFUND ~' ** ** 20 ' 32. Sig 35. Sio of ~~ I36. D"ate ~ ~~ LANCASTER COUNTY PA 3 H n 3 H H x ii~n~:~~,«~ MINTZER, SAROWITZ, ZERIS, LEDVA &MEYERS, LLP BY: GEORGE W. VOKOLOS, ESQUIRE Attorney I.D. No. 88508 Centre Square, West Tower 1500 Market Street Suite 4100 Attorney for Defendants, WILLIAM J. MINNICK AND FLAHART TRANPORT INC. Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002150.000034 ERIE INSURANCE EXCHANGE AS SUBROGEE OF WILLIAM KOVACH AND MARY KOVACH COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. KATALINA MATOS CORTES AND LEONICIO SALAS AND WILLIAM J. MINNICK AND FLAHART TRANPORT INC. NO. 10-401 ENTRY OF APPEARANCE TO THE PROTHONOTARY: n c -,~, ~=~, ,_, =:;' ..~ t _- .~ N d -n w CJ'i ~- Kindly enter our appearance on behalf of defendants, WILLIAM J. MINNICK AND FLAHART TRANPORT INC., in the within action. MINTZER, SAROWITZ,'ZERIS, LEDVA & MEYERS, LLP '' BY: _ GEQ~GE,W. VOKaOLf7S, E~[I Attorney"for Defenda~its, WILLIAM J. MINNICK AND FLAHART Dated: February 22, 2010 TRANPORT INC. ._. -i- ~~; ~~ .:~~ . _, ,..~, _~-~,,_. l~ C ~(r' _.~ ..~ MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS, LLP BY: GEORGE W. VOKOLOS, ESQUIRE Attorney I.D. No. 88508 Centre Square, West Tower 1500 Market Street Suite 4100 Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 002150.000034 ERIE INSURANCE EXCHANGE AS SUBROGEE OF WILLIAM KOVACH AND MARY KOVACH vs. KATALINA MATOS CORTES AND LEONICIO SALAS AND WILLIAM J. MINNICK AND FLAHART TRANPORT INC. YOU ARE HEREBY NOTj,EZED TO PLEAD TO A PLEADING WITHIN"'T'WENTY .{20),'DAY~.-' OR A JUDGMENT WILL BE ENTEF,.ED A~rFCI~I GEORGE W, ATTORNEY I r Att4rfiey for Defendants, WILLIAM J. MINNICK AND FLAHART TRANPORT INC. ~ COPY OF HEREOF, COURT OF COMMON PLEAS CUMBERLAND COUNTY c~~ K~> 10-401 ~.~ ` ~ NO G ~ it j . - r-- _ rv ~~ -~- :-,-, _ ~. ~:i~ . _ ~_ i - ' -,=~ ~~ ~~, : -- ~~-~ ? -< DEFENDANTS, WILLIAM J. MINNICK AND FLAHART TRANPORT INC.'S, ANSWER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof at trial, if deemed material. 2. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof at trial, if deemed material. 3. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth or falsity of the averments contained in this paragraph and, therefore, denies same and demands strict proof at trial, if deemed material. 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted only that on or about January 24, 2008, that Answering Defendant, William J. Minnick, was an employee of Defendant, Flahart Transport, Inc. The remainder of the allegations contained in the corresponding paragraph are mere conclusions of law to which no responsive pleading is required and, accordingly, they are deemed denied. Any allegations with respect to negligence or other wrongdoing on the part of Answering Defendants are denied. Strict proof is demanded at the time of trial, if deemed material. 7. Denied. It is specifically denied that Answering Defendants were, in any way, negligent, careless and/or reckless. To the contrary, at all times relevant herein, Answering Defendants acted in accordance with the applicable standard of care. It is specifically denied that the Plaintiff, Erie Insurance Exchange, as subrogee of William Kovach and Mary Kovach, sustained any injuries and/or was injured as alleged. It is specifically denied that a dangerous and/or defective condition existed as alleged. Moreover, this averment is denied as a conclusion of law to which no responsive pleading is required. Strict proof is demanded at the time of trial, if deemed material. 8. Denied. It is specifically denied that Answering Defendants were, in any way, negligent, careless and/or reckless. To the contrary, at all times relevant herein, Answering Defendants acted in accordance with the applicable standard of care. It is specifically denied that the Plaintiff, Erie Insurance Exchange, as subrogee of William Kovach and Mary Kovach, sustained any injuries andlor was injured as alleged. It is specifically denied that a dangerous and/or defective condition existed as alleged. Moreover, this averment is denied as a conclusion of .law to which no responsive pleading is required. Strict proof is demanded at the time of trial, if deemed material. COUNT I -ERIE INSURANCE EXCHANGE V. KATALINA MATOS CORTES 9. Denied. This averment is not directed to Answering Defendants. Insofar as this averment is deemed directed to Answering Defendants, said averment is denied and strict proof is demanded at the time of trial, if deemed material. l0a-k. Denied. This averment is not directed to Answering Defendants. Insofar as this averment is deemed directed to Answering Defendants, said averment is denied and strict proof is demanded at the time of trial, if deemed material. COUNT II -ERIE INSURANCE EXCHANGE V. LEONICIO SALAS 11. Answering Defendants incorporate by reference its answer to all previous allegations in all previous paragraphs as though same were set forth herein at length. 12a-e. Denied. This averment is not directed to Answering Defendants. Insofar as this averment is deemed directed to Answering Defendants, said averment is denied and strict proof is demanded at the time of trial, if deemed material. COUNT III -ERIE INSURANCE EXCHANGE V. WILLIAM J. MINNICK 13. Answering Defendants incorporate by reference its answer to all previous allegations in all previous paragraphs as though same were set forth herein at length. 14a-k. Denied. It is specifically denied that Answering Defendants were, in any way, negligent, careless and/or reckless. To the contrary, at all times relevant herein, Answering Defendants acted in accordance with the applicable standard of care. It is specifically denied that the Plaintiff, Erie Insurance Exchange, as subrogee of William Kovach and Mary Kovach, sustained any injuries and/or was injured as alleged. It is specifically denied that a dangerous and/or defective condition existed as alleged. Moreover, this averment is denied as a conclusion of law to which no responsive pleading is required. Strict proof is demanded at the time of trial, if deemed material. COUNT IV -ERIE INSURANCE EXCHANGE V. FLAHART TRANSPORT, INC. 15. Answering Defendants incorporate by reference its answer to all previous allegations in all previous paragraphs as though same were set forth herein at length. 16a-k. Denied. It is specifically denied that Answering Defendants were, in any way, negligent, careless and/or reckless. To the contrary, at all times relevant herein, Answering Defendants acted in accordance with the applicable standard of care. This averment is denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that the Plaintiff, Erie Insurance Exchange, as subrogee of William Kovach and Mary Kovach, sustained any injuries and/or was injured as alleged. It is specifically denied that a dangerous and/or defective .condition existed as alleged. Insofar as the alleged agents, servants, workmen and/or employees of Answering Defendants are not specifically named, said individuals must be deemed to have been independent contractors working on their own behalf at all times relevant herein. Strict proof is demanded at the time of trial, if deemed material. 17. Denied. It is specifically denied that Answering Defendants were, in any way, negligent, careless and/or reckless. To the contrary, at all times relevant herein, Answering Defendants acted in accordance with the applicable standard of care. This averment is denied as a conclusion of law to which no responsive pleading is required. It is specifically denied that the Plaintiff, Erie Insurance Exchange, as subrogee of William Kovach and Mary Kovach, sustained any injuries and/or was injured as alleged. It is specifically denied that a dangerous and/or defective condition existed as alleged. Insofar as the alleged agents, servants, workmen and/or employees of Answering Defendants are not specifically named, said individuals must be deemed to have been independent contractors working on their own behalf at all times relevant herein. Strict proof is demanded at the time of trial, if deemed material. WHEREFORE, Answering Defendants, William J. Minnick and Flahart Transport, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against all other parties to this matter. NEW MATTER 1. At all times relevant herein, there existed the Pennsylvania Comparative Negligence Act, the relevant portions of which are incorporated herein by reference. Plaintiff's claims are limited and/or barred by the terms of that Act. 2. If Plaintiff was injured as alleged, said allegation being specifically denied, then said injuries were caused through the sole carelessness, recklessness and/or negligence of the Plaintiff. 3. If Plaintiff was injured as alleged, said allegation being specifically denied; then said injuries were caused by the carelessness, recklessness and negligence of third parties over whom Answering Defendant had no control or right of control. 4. Plaintiff has failed to join indispensable, necessary, and proper parties. 5. Plaintiffs claims fail to state any cause of action against Answering Defendant upon which relief can be granted. 6. Plaintiff s claims are barred by the Statute of Limitations. 7. Plaintiff s claims are barred by the applicable Workers' Compensation Act 8. Plaintiff s claims are barred by statutory and/or common law. 9. At all times relevant hereto, Answering Defendant acted in a reasonable and proper manner. 10. Plaintiff assumed the risk of all injuries alleged, which limits and/or bars all claims. 11. At all times relevant hereto Answering Defendant acted in a reasonable and proper manner. 12. Plaintiff s claims are barred because of an express or implied contract and/or release. 13. Plaintiff s claims are barred because of the doctrines of single controversy, merger and bar, res judicata and/or Collateral. Estoppel. 14. Plaintiff's claims are barred by the doctrine of Accord and Satisfaction. 15. Plaintiff s claims are barred because of the Doctrine of Waiver and/or Estoppel. 16. Plaintiff s claims are barred because the Court lacks jurisdiction over the subject matter of this lawsuit. 17. Plaintiff s claims are barred because of an improper venue. 18. Plaintiff s claims are limited and/or barred by the Statue of Frauds. 19. Plaintiff s claims are limited and/or barred by the parol evidence rule. 20. Plaintiffs claims are barred because of the Doctrine of Superseding and Intervening Cause. 22. Plaintiffs claims are barred because of his ownership and operation of a motor vehicle without insurance as required under the Pennsylvania Motor Vehicle Financial Responsibility Act as found in 75 Pa.C.S.A. §1701, et. seq. 23. Plaintiffs injuries are not permanent in nature nor a significant impairment of any major bodily function and/or system and, as such, Plaintiff is precluded from seeking redress for his injuries pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act, as found in 75 Pa.C.S.A. §1701, et. seq.. 24. Plaintiff s claims are barred by the appropriate provisions of the No-Fault and/or Financial Responsibility Act. 25. Defendants assert a right to a credit or set-off in the amount of any previous UIM benefits secured by plaintiff against any jury verdict that may be entered against defendant. ~ ~ ,.~ MINT.ZER, SARO~JVITZ, ZERI,,~;'~EDVA & MEYERS, LLP '' BY: ~ .,.~.~; GEOREiE W:-flS, F~(ZUIRE Attorney fc~r".k~efendants, WILLIAM J. MINNICK AND FLAHA~tT TRANPORT INC. Dated: February 22, 2010 VERIFICATION The averments or denials of facts contained in the foregoing are true, based upon the signer's personal knowledge or information and belief. If the .foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn -,a _. falsification to authorities. ,,; ' : +fsj,. GEORGE~YW. VO O S, ESQUIRE Dated: February 22, 2010 Erie Exchange v. Katalina Matos Cortes, et al. 2150.34 Answer to Complaint with New Matter 4= PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS SUBROGEE OF WILLAIM KOVACH AND MARY KOVACH VS. KATALINA MATOS CORTES AND : LEONICIO SALAS AND : WILLIAM J. MINNICK AND FLAHART TRANPORT INC. COMMON PLEAS COURT CUMBERLAND COUNTY NO 10-401 z ? . o rn N r ? ? Cl) CIVIL COMPLAINT ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter settled, discontinued and ended upon payment of your cost only. F. D'Emilio, Esquire iey for Plaintiff