The URL can be used to link to this page

Home My WebLink About10-3081BLED-4 -PIGS THE PP0T ?Fl,(,,'TA}m?r' :1 DOUGLAS LAW OFFICE 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717-243-1790 ma vs Allstate Insurance Company 2010 MAY I 1 PM 12: 09 WILLIAM P. DOUGLAS, ESQ. CW6 L4,iD (,;Ciuw Supreme Court LD.# 37926 PEWYLVA W Plaintiff Defendant NOTICE Civil Action Law ...........................................................................................................: 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 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 May 11"', 2010 ............................................. In the Court of Common Pleas of Cumberland County Pennsylvania No. 2010 - .3 0 ? '? Civil Term BY: ?J'? e Complaint 1. The plaintiff, Thelma Thomas, is an adult individual residing at 1229 Center Mills Rd., Asper, Pennsylvania. 2. The Defendant, Allstate Insurance Company, is a corporation licensed to do business in the Commonwealth of Pennsylvania, with a business address of; Allstate Insurance MED-PAY Central POB # 440519 Kennesaw, GA 30160 3. On March 1St, 2009, the plaintiff was involved in a motor vehicle accident while driving a motor vehicle insured with defendant Allstate. 4. There was a policy of insurance in effect at the time of the accident, with Allstate Insurance Company bearing policy number 0 98 357737 08/03. The contract provided for payment of wage loss that: occurred as a result of said motor vehicle accident. In the present case, the contract provides for the payment of $1,525.33 per month and said amount should be paid as it is within the policy limit purchased of $2,500.00 per month and $50,000.00 total available benefit. A copy of the contract is attached and marked Exhitit "A". 5. On the date of the aforesaid accident, the plaintiff was employed as an in- home care giver and was paid eleven dollars per hour for 40 hours per week and as a result she was paid $440.00 per week for her services. A letter from her employer is attached as exhibit "B" confirming her employment and rate of compensation at the time of the accident. 6. As a result of injuries the plaintiff is unable to perform to the duties of her employment and has been unable to return to her job and has suffered wage loss covered by her insurance policy. 7. A claim for wage loss benefits was made by Thelma Thomas and assigned claim number 0131890824 2YF. Allstate has wrongfully refused to pay her complete wage loss in accordance with the terms of the policy. 8. Allstate did fraudulently, knowingly and intentionally misrepresent and deceive Thelma Thomas with respect to the availability and calculation of wage loss coverage under her policy of insurance. 9. Allstate has frivolously and with no proper foundation for their actions refused to pay full proceeds under their policy of insurance and provide wage benefits in accordance with the terms of the policy. 10. The bad faith conduct of Allstate gives rise to a cause of action pursuant to 42 Pa. C.S.A. §8371. 11. The defendant has failed to promptly and completely investigate all claims arising under the aforementioned contract of insurance and intentionally paid a reduced amount of wage loss. The aforesaid conduct is not supported by law or the language of the insurance contract. 12. The defendant has not acted in good faith to effectuate a prompt, fair and equitable resolution of claims, knowing that liability to pay wage loss is clear and coverage applies, and as a result, the plaintiff has been forced to incur expense to protect her interests. 13. The defendant failed to promptly provide a factually sound explanation for the basis of denial in the insurance policy in relation to the facts or applicable law for denial of the claim. 14. The defendant has willfully, maliciously and/or recklessly withheld benefits from the plaintiff, which constitutes a breach of an implied covenant of good faith and fair dealing. 15. The defendant, in bad faith, has denied payment of wage loss benefits in the amount due under the contract, that being 80% of the actual loss per week, of its insured without a sound legal basis for its denial and in not fully inquiring into the possible basis which might support the insured's claim of coverage benefits. 16. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 17. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Thelma Thomas in accordance with the contract and abide by the terms of said contract. 18. As a result of the aforesaid, the defendant breached its contract and/or warranty, which breach resulted in loss to the plaintiff, and has impeded her ability to meet her financial obligations, as well as causing severe aggravation, inconvenience and emotional distress. 19. The plaintiff hereby requests all remedial relief as provided in 42 Pa. C.S.A. §8371 and payment in full of all past and future reasonable and necessary wage loss claims. 20. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 21. The defendant impliedly and/or expressly warranted that it would, in good faith, provide insurance coverage to Thelma Thomas in accordance with the contract and abide by the terms of said contract. 22. As a result of the aforesaid, the defendant breached its contract and/or warranty, which breach resulted in monetary loss to the plaintiff, as well as aggravation, inconvenience and emotional distress. 23. The plaintiff hereby requests any and all remedial relief as provided in 42 Pa. C.S.A. §8371 including payment in full of all costs and attorneys fees. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A trial is hereby demanded. Respectfully submi ed, wAL William P. Douglas, sq. Attorney for Plai 'ff May IIth 2010 AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. May 11th 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff v. ALLSTATE INSURANCE COMPANY, Defendant 2010-3081 CIVIL TERMc N0 N . .~ ~ ~ ..~ F'7'l ft's ~~~ ~ ~ ~ -?1 ~ CIVIL ACTION -LAW ~'~--'=' ~ ~ -~?~' ~~ ~ T T ; -v ~ ~ '-1 JURY TRIAL DEMANDED ~= a .. Lr PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Allstate Insurance Company, in the above- captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, S~ Date: June Q , 2010 By PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibngslsc.com Attorney for Defendant, Allstate Insurance Company .: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff N0.2010-3081 CIVIL TERM v. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2010, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS %~ By: ICHAEL B. S IB, ESQUI PA 63868 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(cr~,gslsc.com Attorney for Defendant, Allstate Insurance Company ~ ~ '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, N0.2010-3081 CIVIL TERM Plaintiff : v. CIVIL ACTION -LAW ALLSTATE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED ~~--- r ~ ~_ ~~± NOTICE TO PLEAD _ ~'.~ ; `=-= TO: Thelma Thomas, Plaintiff f=~ .: c/o William P. Douglas, Esquire ~' -- Dougl~s Law Office w' _ ~,.°. 43 Wept South Street w Carlisle, PA 17013 -"' You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Date: July ~ , 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS B l~ Y~ MICHA L B. SC IB, ESQUIRE PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib ,gslsc.com Jporternu,~slsc.com Attorney for Defendant, Allstate Insurance Company ~ ~5, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff N0.2010-3081 CIVIL TERM v. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT. ALLSTATE INSURANCE COMPANY. TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Allstate Insurance Company, by and through its attorneys, Michael B. Scheib, Esquire, John C. Porter, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Preliminary Objections to Plaintiff s Complaint. 1. Plaintiff instituted this litigation by filing a Complaint with the Cumberland County Prothonotary on or about May 11, 2010. A true and correct copy of Plaintiff s Complaint is attached hereto, made a part hereof and mazked Exhibit 1. I. FIRST PRELIMINARY OBJECTION -FAILURE TO CONFORM TO RULE OF COURT -STRIKE PLAINTIFF'S COMPLAINT 2. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Pazagraph 1. 3. Plaintiff has failed to verify her Complaint or to indicate that she may be outside of the jurisdiction of the Court and unavailable to provide a verification within the time allowed for the filing of her Complaint. 4. Pennsylvania Rule of Civil Procedure 1024 requires that a party verify their pleading stati g that averments therein are true upon the signer's personal knowledge or information d belief. Pa.R.C.P. 1024(a). 5. ' In the alternative, if the party is outside the jurisdiction of the Court and their verification cannot be obtained within the time allowed for filing of the pleading, a statement to that effect shall satisfy the requirements of Pennsylvania Rule of Civil Procedure 1024. Pa.R.C.P. 1024(c). 6. Plaintiff has failed to satisfy the requirements of Rule 1024 and, therefore, her Complaint must be struck in its entirety pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2) pertaining to Preliminary Objections for the failure of a pleading to conform to Rule of Court. Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Plaintiffs Complaint in its entirety. II. SECOND PRELIMINARY OBJECTION -FAILURE TO CONFORM TO RULE OF COURT -STRIKE PLAINTIFF'S COMPLAINT 7. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Pazagraphs 1 through 6. 8. Plaintiff raises causes of actions for breach of an insurance contract and under statutory and common law insurance bad faith. 9. Plaintiff references a written contract at Paragraph 4 of her Complaint. (Plaintiff s Complaint at ¶ 4.) 10. While Paragraph 4 of Plaintiffs Complaint indicates that a copy of the contract Plaintiff alleges was in effect at the time period in issue was attached to her Complaint, no such copy was attac ed to the Complaint served upon Defendant. 11. copy of that written contract has not been subsequently provided to Defendant. 2 12. I Pennsylvania Rule of Civil Procedure 1019(1) requires that when a claim is based upon a writing, the pleader shall attach a copy of the writing. Pa.R.C.P. 1019(1). 13. Plaintiff has failed to abide by the requirements of Rule 1019(1) and accordingly, her Complaint must be struck in its entirety pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2) pertaining to Preliminary Objections for the failure of a pleading to conform to Rule of Court. Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Plaintiffs Complaint in its entirety. III. THIRD PRELIMINARY OBJECTION -DEMURRER TO PARAGRAPHS 18 AND 2"2 OF PLAINTIFF'S COMPLAINT -STRIKE PARAGRAPHS 18 AND 22 OF PLAINTIFF'S COMPLAINT 14. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Paragraphs 1 through 13. 15. Plaintiff asserts claims for emotional distress ("severe aggravation, inconvenience and emotional distress" and "aggravation, inconvenience and emotional distress") at Paragraphs 18 and 22 of her Complaint. (Plaintiff's Complaint at ¶¶ 18 and 22.) 16. Pennsylvania does not recognize claims or damages for emotional distress based upon breach of contract or statutory bad faith pursuant to Pennsylvania's Bad Faith Insurance Statute, 42 Pa.S.A. § 8371. 17. Accordingly, Paragraphs 18 and 22 of Plaintiffs Complaint must be struck for failure to state claim upon which relief may be granted. 3 WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Pazagraphs 18 and 22 of Plaintiff s Complaint. IV. FOURTH PRELIMINARY OBJECTION - DEMURRER, INSUFFICIENT SPECIFICITY AND FAILURE TO CONFORM TO RULE OF COURT -STRIKE PARAGRAPH 8 OF PLAINTIFF'S COMPLAINT 18. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set' forth herein in Pazagraphs 1 through 17. 19. Plaintiff alleges in Paragraph 8 of her Complaint that Defendant fraudulently misrepresented and deceived her with respect to the availability and calculation of wage loss coverage under her policy of insurance. (Plaintiff's Complaint at ¶ 8.) 20. Averments of fraud in a pleading must be averred with particularity. Pa.R.C.P. 1019(b). 21. Plaintiff fails to identify with particularity how Defendant misrepresented and deceived her with respect to the availability and calculation of wage loss coverage under her policy of insurance. 22. Accordingly, Pazagraph 8 of Plaintiff s Complaint must be struck for failure to conform to Rule of Court and for insufficient specificity. Pa.R.C.P. 1028(a)(2) and (a)(3). 23. Plaintiff has also failed to set forth the elements of a cause of action for fraud including, inter alia, her justifiable reliance on Defendant's alleged misrepresentation and deception. 24. Accordingly, Paragraph 8 of Plaintiffs Complaint must be struck as legally insufficient. 4 WHEI~.EFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Paragraph 8 of Plaintiff s Complaint. V. FIFTI$ PRELIMINARY OBJECTION -DEMURRER -STRIKE PARAGRAPH 14 OF'PLAINTIFF'S COMPLAINT 25. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Paragraphs 1 through 24. 2b. Plaintiff claims at Paragraph 14 of her Complaint that Defendant has "willfully, maliciously andlor recklessly withheld benefits from the plaintiff, which constitutes a breach of an implied covenant of good faith and fair dealing." (Plaintiff s Complaint at ¶ 14.) 27. Pennsylvania does not recognize a claim for the breach of an implied duty of good faith and fair dealing separate and distinct from a breach of contract claim. 28. In addition, Pennsylvania does not recognize a common law tort remedy for bad faith on the part of insurers. 29. Accordingly, Plaintiff s claim in Paragraph 14 of her Complaint of a breach of an implied covenant of good faith and fair dealing is legally insufficient and must be struck from Plaintiff's Complaint. Pa.R.C.P. 1028(a)(4). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Paragraph 14 of Plaintiff s Complaint. VI. SIKTH' PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY - STRIK~ PLAINTIFF'S COMPLAINT 30. ~efendant incorporates herein by reference, as though fully set forth at length, the allegations set Forth herein in Paragraphs 1 through 29. 5 31. ~ Pennsylvania is a fact pleading state. 32. At a minimum, a pleading must set forth concise facts on which a cause of action is based. 33. In Paragraph 7 of her Complaint, Plaintiff claims that Defendant "wrongfully refused to pay her complete wage loss in accordance with the terms of the policy." (Plaintiff's Complaint at ¶ 7 (emphasis added).) 34. Nowhere does Plaintiff indicate what partial wage loss she claims she was paid pursuant to the terms of the policy. 35. In Paragraph 8 of her Complaint, Plaintiff claims that Defendant misrepresented and deceived her as to the "availability and calculation of wage loss coverage under her policy of insurance." (Plaintiff's Complaint at ¶ 8.) 36. Nowhere in Plaintiff s Complaint does she provide a concise statement of facts pertaining to Defendant's representations of the availability and manner of calculation of wage loss coverage. 37. In Paragraphs 9 and 10 of her Complaint, Plaintiff indicates that Defendant has "refused to pay full proceeds" and instead "intentionally paid a reduced amount of wage loss." (Plaintiff s Complaint at ¶¶ 9 and 10.) 38. Nowhere in Plaintiff s Complaint does she provide concise facts setting forth the amount of reduced wage loss she claims she has been paid or the manner in which she claims it was calculated. 39. n Paragraphs 11, 12 and 13 of her Complaint, Plaintiff makes boilerplate averments of efendant's alleged failure to promptly investigate and resolve claims or promptly provide a factu ly sound explanation for a purported denial of the claim. i 6 40. '~ Nowhere in Plaintiff's Complaint does she indicate any dates or times or any other indicia of dilatory behavior on the part of the Defendant that would provide factual support for these bald allegations of lack of promptness. 41. In Pazagraphs 13 and 15 of her Complaint, Plaintiff alleges that the Defendant failed to provide a factually and legally sound explanation basis for its purported denial of Plaintiff s claim of coverage benefits. (Plaintiff s Complaint at ¶¶ 13 and 15.) 42. Plaintiff fails to provide a concise statement of facts that: a. sets forth Defendant's duty to provide an explanation; and b. relates what explanation was provided and how said explanation was deficient. 43. Plaintiffs Complaint is replete with boilerplate statements of law. 44. At the same time, Plaintiffs Complaint has a dearth of facts to support the boilerplate allegations and, therefore, is insufficiently specific. 45. Plaintiff's Complaint should be struck in its entirety for its lack of specificity. Pa.R.C.P. 1028(a)(3). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Plaintiffs Complaint in its entirety. 7 ., ', GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: July ~ , 2010 By: MIC EL B. S EIB, ESQUIRE PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibna,~slsc.com Jporter(a~gslsc.com Attorney for Defendant, Allstate Insurance Company 8 .~ IN THE COiJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, N0.2010-3081 CIVIL TERM Plaintiff . v CIVIL ACTION -LAW ALLSTATE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~~ ~ day of July, 2010, I, John C. Porter, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Preliminary Objections of Defendant, Allstate Insurance Company, to Plaintiff s Complaint, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: c~ MICHAEL B. SCHEIB, ESQUIRE PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib ci~gslsc.com Jporterna,~slsc.com Attorney for Defendant, Allstate Insurance Company MAY. 24. 2414 3:33PM ~ALLSTATE N0. 242 P. b/10 TRtfE COPY FROM RECORD DO~IJGDAS LA'W OPPYCE Ih ~rsrory wttstsaf.l hers urrlo set Rq- hand 43'UV. SOIJ~'Y~ S'Y`. cA~I ST.BPA17a~ atK! !tw of said ex C Aa. rawIY ~do~JG~1~s I kAMp BSQ ~ . . . . , - .~at ~ Thi~~,,. TELEPHOIVE 7I7'-2A3-1790 p~p,~~q~ Supreme Court I.D.Ii 37926 ~~ Cumberland County Pexittsylvania Plalnii£E vs No. 2010 - ~O~'~ Civil Term .. - ! .+_ . Allstate Insurance Co paz~y Defendant ~ Civil Action Law ~~ YOI7 I~AVB BEEN S IN COURT. IF YOU 'WISH TO DEFEND AGAINST THE CLAIMS SET FORTHN THE FOLLOWING PACIFS, YOU MUST T ON WITHIN TWENTY DAYS AFTER THIS COMPLAINT ANA A SER'V'ED, BYE G A WItITTIrN APPEARANCE PERSON ATTORNEY AND GIN WRITING WITH THE COURT YOUR DR'~1~ Oki OBJECTIONS TO TI~'E MS SET FORTH ACIAINST YOU. XOU A, WARNED THAT IF XOU FAIL T DO SO, TT~'E CASE MAY PROCEED WITHOUT YOU AND A .7UDCrMENT MAX E F~N'I'ERED A,GA.IN9T YOU LAY THE COURT W!'TT~OUT FURxI~R NOTICE R ANY MONEY CLAIMED IN THE COMPLAINT OI2 P'OR ANY OTHF..It CLAIM R RELIEF REQUESTED BY THE PLAINTIFF. XOU MAY LOSE MONEY OR PROPERTY' OR OTHER RIGHTS IMPORTANT TO YOU. Y~7'~Ci S~IOIILD TAKE. HIS PAPF~Lt Tp YOUR LAWYER. AT ONCE. IF YOU DO NOT 7iAVE A LAWY , GO TO OR TELEPHONE~TH~ OFFICE SET' ~OR`TH-~_.. _~_.._. _. _ BELOW. THIS OFFI CAN PROVIDE 'YOU WXT'I~ INFORMATION ABOUT HIRING .A LAWYER. IF YOU CANNOT A~RD TO HIRE A LAWYER, TIIIS OFFICE MAY. BE ABLE TO PROVIDE YOYJ H INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVI~S 'TO I~YICrIBI.Yr PERSONS AT A REDUCED FEE OR NO FX~. Gtiazz~besland County Y3arAss 'aflon 32 S. Bedford Street CarlSsle PA 17013 717 24g-316b May 11~', 2Q7.0 BY: PAGE 6114 = RCYD AT 312412010 2;31;41 PM (Genfrai Daylight Time) r SVR;h~e~~~~10"DNIS;82~95 ~ CSID;2059811500 ~ DURATION (mm~s):01~6 T _ MAY.24.2010 3:33PM ALLSTATE No. 202 P. Gila Com~Xaa.n~ Z. The plaintiff Center Mills elma Thomas, is ax1 adult individual reszdix~g at 1229 Asper, Pennsylvania. 2. The Defendan ~ Allstate Insurance Company, is a corporation licensed to da business ~ the Gommoxtiwealth of Pennsylvania, with a business address of; ` .. .~tlstate Insurance MEI7 PAX Central POB#440529 ~ ~ ~ '~ Kenn.esa~,v, GA 30160 3. (7n March 1~; 2009, the plaintiff was involved in a motor vehicle acciedent white dzaving a motor vehicle insured with defendant Allstate. ~. There was a policy of insurance in effect at the time of the accident, with Allstate 7risus'ance Company bearing policy number 0 98 357737 08/03. The contract prided for payment of wage loss that occurred as a result of said motor vehicle accident. In the present case, the contract provides for the paymenit of $1,525.33 per month and said amount should be paid as it is within the policy limit purchased of $2,500.00 perm and $50,000.00 total; available benefit A mpy of the contract is d marked l3xhitit "'A". ~~~U~ 5. On fine date of th,e aforesaid accidenf; the plainti~E was ernplo~~as an in- horne care giver and was paid eleven dollars per hour for 40 hours per week aatd as a result she was paid $440.00 per week for hex services- A, letEex fronn her employer is attached as exhibit 'B" confirnning her employment and rate of caxnpensation at the time of the accident 6. As a xesult of injuries the plaintiff is unable to perform to the duties of rier employment acid has been unable to retuxn to her job and has suffered wage loss cov~'ed by her insuraxue policy. 7. A ctaffun for wage loss benefits was nnade by Thelma Thomas and assigned ctairn xeumber 0.31890824 2YF. Allstate has wrongfully refused to pay hex complete wage loss in accordance with the terms of the policy. 8. Allstate did fraudulea-tty, knowingly and intentioztally misrepresent and deceive Thelma Thomas wath respect to the availability and calculation of wage loss coverage under her policy of insurance. PAGE T110=RGYD AT 5!2412010 2;37;41 PM (Central Daylight Timej ~ SYR:f~eO~~6l10' DNIS;82S95"CSID;20S9811500"DURATION (mm~ss).01~36 r MAY.24.2010 3:33PM ALISTATE N0. 202 P, 8/10 9. Allstate has frivoloxsly and with no proper foundation fox fheiur actions refused to pay dull proceeds undea' their policy of insurance and provide wage benefits iiY accordance with the terms of the policy. 10. The bad faith conduct of Allstate gives rise to a cause of action pursuant to 42 I'a. C.S.A. ~&37~.. 7.~,. The defendant, has failed to prozxxptly and completely investigate all elazms arising vender the afaxernentioned con#'act of insurance and intentior<ally paid a reduced amount of wage Ions. The aforesaid conduct is not supported bylaw or the language of the insurance contract. 12. The defendant has not acted in good faith to effectuate a prompt, fair and -.. e1~Le. rer~uticz~n.. Qf r.~ai~ns~ ~Cnawxng that liabiliJt~r to pa wade loss is clear and, Coverage applies, and as a result, the pY'arxafl.#f'~ias-been forces to incur expense to protect her interests. 13. The defendant failed to promptly provide a factually sound explanation #or the basis of denial in the insurance policy in relation to the facts or applicable law fiox denial of the claim. 74. The defendant, has willfizlly, maliciously and / or recklessly withheld benefits from the plaintiff, which constitutes a breach of an implied covenant of goad faith axtd fair dealing. 1.a. The defendant, ;in bad faith, has denied pay~atent of wage Ions beat the amount due un.d~r the contract, that being 80% of the a er weep of its insured without a sound Iegal basis for its denial ~~ fully inf uiri~ng into the possible basis which :might support the ' ~r~, d's xn o coverage benefits. Z6. Allstate has deliberately acted in conscious disregard and with indifference to the rights of their insured. 17. The defendant ttmpliedly and/or expressly rnrarranted that it would, in good faith, pro~4i.de inswraztce Coverage to Thelma Thomas in accordance ~ ~' ' ' ~ ~- with tTie confracE artid abide by the terms of said contract. i ~S. As a result of the aforesaid, the defendant breached its contract and/or warranty, whic~ breach resulted xn loss to the plaintiff, and has ix~xpeded her ability to re.eet hez #xxtanCial obligations, as well as causing severe aggravation, indonvenien.ce and emotional distress. 19. The plaintiff h ~reby requests all remedial relief as provided in 42 Pa_ C.S.A. ~$37I axYd payment in full of all past and future reasonable and necessary wage ~,oss claims. 20_ Allstate has deliberately acted ixt consci.aus disregard and with indifference to the rights of theiz~ insured. PAGE 8110= RGYD AT 512412010 2:31:41 PM jCer~al Daylight Timej t SYR:hye~0~B110' DNIS:8259~'CSID:2039811500' Dl1RATI0N (mm~ssj:01~6 ,,. }MAY, 24.2010 3:33PM ALtSTATE N0, 202 P, 9/10 '~ 21_ The defendantiimplieclly and/or expressly warranted that it ~rotxld, xn good faith, provide insurance coverage to Thelma Thomas in accordance with the contract and abide by the terms of said contract. 22_ As a result of ~Ehe aforesaid, the defendant breached its contract and/or waz~unty, which breach resulted in monetary Ioss to the plaizitiff, as well as aggravation, ~incozx^vereience and emotional distress. 23. The plaintiff hereby xequests any azZd all remecYial relief as provided in 42 Pa. C.S.A. ~83TF including payment in full of all costs axed attoxxxeys fees. • • ~A~terefnx~.ita~:~armyced t~zt gza~n~ ke e~t'~e_d in~avor•o~' he plainiiff and against the defendant in an amount~in exce.~ of that reguirir~g compuXson, j re~err'aTto'arbztration. A trial is hereby demanded: Respectfully subnti William. l'. Douglas, qq Attorney for Plai 'ff May 11"; 2010 ~~ ~~d~d AFFILIAVTT ~''~ I herby swear or af~Zrm that the foregoing is true and correct to the best of my . ,» ... ~ _ knowledge and jorinformatioz~ and belief. This is made subject ~to the per~aXties o£ 18 pa.C.S. X4904 relating to unsworn falsification to authorities. n n ~ ~ 'w;~Ua~m ~ ouglas May z1~ ~o~o ~ PAGE 9110 ~ RCYD AT 5124120102;31;41 PM (Ger~ral Daylight Time) ~ SYR;h~UU~B110' DNIS:82595~ GSD:2059811500' DURATION (mm~ssj;01~6 DOUGLAS LAW OFFICE 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717-243-1790 '~- ~'1 ~WI~LIAM P. DOUGLAS, ESQ. CJrL''-_~i}pr¢ine CouyC.I.D,#~37926 L.~NI i?t ``,~1L~i In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiff vs No. 2010 - ~$ ~ Civil Term Allstate Insurance Company Defendant Civil Action Law Amended Complaint NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY 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 REDiJCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 July 13, 2010 By. r ~~ . Allstate Insurance Company Your Savings and Opportunities A l (state You're in good hands. Your discount savings for this policy period is: $339.42 (fror an itemized Ilst of your discounts, rater to Your premium far this policy period is: $672.10 This amount reflects the discount savings shown on left Allstate Offers You Innovative ~holces We'd like to introduce you to Allstate Your Choice Auto Insurance, a different kind of car insurance that can reward you like never before. Now, with a Gold or Platinum Protection package you can get a range of innovative features, including: • An immediate $100 off your collision coverage deductible. • A safe driving bonus of up to 5% which can be applied toward your next renewal premium. • Enhanced accident forgiveness - your rates won't go up just because of an accident. • if your new car gets totaled, Allstate can help replace it with a brand new car. Your Choice Auto bundles together the kind of features you want most in car insurance. You simply choose the package that you like best. And you get these great features on top of what you already get from Allstate, such as quality coverage and 24/7 claim service. Consider whether one of the following optional Your Choice Auto packages is right for you: Platinum Protection gackaae • Safe Driving Deductible Reward • A Safe Driving Bonus • Enhanced Accident Forgiveness for Multiple Accidents Gold Protection ackaae • Safe Driving Deductible Reward • Enhanced Accident Forgiveness (covers one accident every three years) If you're looking to lower your premium, consider the Allstate Value Plan, our save money now plan. This option requires you to use the Allstate Easy Pay Plan, a convenient and time-saving service for automatically deducting your insurance payments from your checking or savings account. Also, any accidents occurring while the Allstate Value Plan is part of your policy will notbe eligible for any accident waiver program, nor will any time spent in the Allstate Value Plan apply towards qualification for such a program. New Car Expanded Protection coverage is available for an additional premium to customers who have added either our Gold Protection package or the Platinum Protection package to their policy. With this coverage, if your insured new car is totaled, Allstate can help replace it with a brand new car. It's a good value if you want extra protection for your new car. EXHIBIT "A" .~, iiiiniuiuiiiinmmiewndnummninMi ~ _ __ Allstate Insurance Company You can add a Your Choice Auto package to your policy right away. You don't need to wait for your current insurance to expire. Call your Allstate representative for a quote today! Discounts and Other Savings Opportunities There are a variety of ways to save money on your Allstate auto insurance. Below are just a few of the discounts and savings options that may be available in your area. Please contact your Allstate representative for more information about these and other savings opportunities. Good Student Discount Did you know that if the young driver on your policy is an unmarried student under the age of 25 and meets certain academic criteria, you could be eligible to receive our Good Student Discount? Multiple Policy Discount Customers who currently insure their home, condo, mobile home or apartment through Allstate may be eligible for our Multiple Policy Discount. Accident Waiver Program For eligible long-term customers, there's an Accident Waiver Program that can help prevent the application of an accident surcharge due to an accident, and, in certain cases, enable you io keep your discounts too. Allstate Easy Pay Plan Discount You may also qualify for a premium discount by having your insurance payments automatically deducted from your bank account through the Allstate Easy Pay Plan. And you'll be able to select a convenient day of the month foryour premium withdrawal-either a monthly installment payment or a single Pay in Full option. And you'll avoid the hassle of writing checks and worrying about payments getting lost in the mail. Just contact your Allstate representative, or go to the Customer Care Center at a//sfate.com to apply. If you're already enrolled in the Allstate Easy Pay Plan, the discount has been applied to your policy. X71637 EXHIBIT "A" ~,,,~„~,,,,, Page 2 DrcwtOrr71,2001 -AOtIpID Allstate Insurance Company RENEWAL Auto Policy Declarations ®Allstate You're in good hands. Summary NAMED INSUREDS) YOUR ALLSTATE AGENT IS YOUR BILL James L and Thelma D Nockley & O'Donnell lists your payment options. Thomas (717) 334-6741 1229 Center Mills Rd Aspers PA 17304-9462 P.O. Box 3039 Gettysburg PA 17325 POLICY NUMBER 0 98 357737 08/03 POLICY PERIOD Feb. 3, 2009 to Aug. 3, 2009 at 12:01 a.m. standard time ORIVER(S} LISTED James Thelma DRIVER(S) EXCLUDED None VEHICLES COVERED 1. 02 Ford Focus VEHICLE ID NUMBER LIENHOLDER 3FAFP37382R110472 None 2. 97 Ford Taurus 1FALP52U2VA145778 None Total Premiom Premium for 02 Ford Focus $436.70 Premium for 97 Ford Taurus $235.40 TOTAL =672.10 v Your total premium reNscfs s comb/nsd discount of 5339.42 Youi Polley Etlsetlvs Date !s Feb. 3, 2009 IN ACCORDANCE WfTH SECTION 1725 Of THE MDTDR VEHICLE FINANCU~L RESPONSIBILRY LAW, THIS 18 TD INFORM YDU THAT COLLISION DAMADE TD A RENTAL VEHICLE WILL BE COVERED IF;1 j THE RENTAL VEHICLE IS A FOUR WHEEL PRIVATE PASSENGER AUTOMOBILE OR A UTILRY AUTOMOBILE,AND 2) AT LEAST DNE PREMIUM FOR AUTO COLLISION COVERAGE APPEAIIS ON TOUR POLICY DECLARATIONS. COVERAGE Wlll BE SUBJECT TO DEDUCTIBLES AND TD POLICY TERMS AND CONDRIONS, INCLUDING ANY APPLICABLE ENDORSEMENTS. EXHIBIT "A" aura•oioooaio9o~oioeoi22algW~'io~•Bre NN ~ppl NN NB INNpI~~II ypBpr~~~~ A4c~2~-3 I~~~~~~~~~~~~~i~~~M~n~II~~I~11~~~~~~~N~I~~'~~~~6~N11~~~~IY. oiroUsL'xo~ rwaognxo 3 Allstate Insurance Company Polley Number :098 357787 OBJ03 Your Agent: Hockley 8 O'Donnell (717) 984-8741 Polley EHscllve Date: Feb. 8, 2009 COVERAGE FOR VEHICLE ~ 1 2002 Ford Focus COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Liability Insurance -- Limited Tort • Bodily Injury $100,000 each person Not Applicable $45.95 $300,000 each occurrence • Property Damage $100,000 each occurrence Not Applicable $53.82 Medical Expenses $5,000 each person Not Applicable $19,72 Funeral Expenses $2,500 each person Not Applicable $0.26 Income Loss Each person up to $50,000 maximum benefit Not Applicable $9.17 Subject to $2,500 monthly maximum Uninsured Motorists Insurance $100,000 each person Not Applicable $23.24 Limited Tort /Stacked Limits $300,000 each accident Underinsured Motorists Insurance $100,000 each person Not Applicable $21.19 Limited Tort/Stacked Limits $300,000 each accident Auto Collision Insurance Actual Cash Value $500 $184.53 Auto Comprehensive insurance Actual Cash Valus $0 $78.82 Total Pramtum for 02 Ford Focus =436.70 DISCOUNTS Your premium for this vehicle reflects the following discounts: Multiple Car $61.04 Passive Restraint $12.50 Multiple Policy $25.03 Antilock Brakes $31.58 Premier Plus $96.00 RATING INFORMATION This vehicle is driven over 7,500 miles per year, for pleasure, adult age 46, with no unmarried driver under 25 EXHIBIT "A" WorrtWanuul Pa~e 4 D~th,2001 PADI D • Allstate Insurance Company ®AllState Policy Number : 0 98 357787 08~D3 four Agenl: Hoctley ii O'Donnell (717) 334-6741 v«,'re m good hands Policy EHedire Dale: Feb. 8, 2009 COVERAGE FOR VEHICLE # 2 1997 Ford Taurus COVERAGE LIMITS DEDUCTIBLE PREMIUM Automobile Liability Insurance -- Limited Tort • Bodily Injury $100,000 each person Not Applicable $48.93 $300,000 each occurrence • Property Damage $100,000 each occurrence Not Applicable $57.32 Medical Expenses $5,000 each person Not Applicable $15.56 Funeral Expenses $2,500 each person Not Applicable $0.26 Income Loss Each person up to $50,000 maximum benefit Not Applicable $8.09 Subject to $2,500 monthly maximum Uninsured Motorists Insurance $100,000 each person Not Applicable $23.18 Limited Tort! Stacked Limits $300,000 each accident Underinsured Motorists Insurance $100,000 each person Not Applicable $21.20 Limited Tort /Stacked Limits $300,000 each accident Auto Comprehensive Insurance Actual Cash Value $0 $60.86 Total Premium for 97 Ford Taurus 1235.40 DISCOUNTS Your premium for this vehicle reflects the following discounts: Multiple Policy $12.16 Premier Plus $47.66 Multiple Car $41.21 Passive Restraint $10.24 RATING INFORMATION This vehicle is driven over 7,500 miles per year, 3-9 miles to woric/school, adult age 61, with no unmarried driver under 25 EXHIBIT "A" °m IIINIIIIAlIE111111111111111111111111A11111111 =:= °.r Allstate Insurance Company Policy Number :098 s51T37 08p3 Your Alert: Hockley 3 O'Donnell (717) 881.67/1 Policy Elleclive Dale: Feb. 8, 2009 ~ ~ Your Policy Documents Your auto policy consists of this Policy Declarations and the documents listed below. Please keep them together. - Pennsylvania Auto Insurance Policy form AU10623 - PA Auto Amendatory Endorsement AU14283 - Renewal Offer Guarantee Endorsement form AU10840 IN WITNESS WHEREOF, Allstate has caused this policy to be signed by its Secretary and its President at Northbrook, Illinois, and if required by state law, this policy shall not be binding unless countersigned on the Policy Declarations by an authorized agent of Allstate. ~~ ~ m~~~ ~~ Thomas J. Wilson Mary J. McGinn President Secretary EXHIBIT "A" Inlorrtrtlunual Page 6 O~r31,20W PAOtORYD Allstate Insurance Company ®Allstate Policy Number : O 98 357787 D8~03 Your Ayent: Hockley 8 O'Donnell (717) 33~•67~1 You're in good hands. Pallcy Effective Oels: Fsb. 3, 2009 Important Notice Changes Have Been Made to four A/!state Insurance Policy The enclosed endorsement adds language to your Allstate insurance policy. Please read the new endorsement carefully along with all other information including the enclosed Pdicy Dedarations. A provision is being added to the General Provision section of the poky. This provision, which is entitled "Loss Reduction and Other Items" states that at our discretion, we may provide you with items, memberships, special offers, merchandise, services, dosses, seminars or other things of value designed to help you manage the risks you face. These items maybe provided in any form, including, but not limited to, redemption codes, coupons, vouchers and gift cards. Please note that while this Important Notice highlights significant changes made to your poky, it is not part of your policy. For detailed information about your insurance coverage, please read all of your pdicy documents, including the Pdicy Declarations. ff you have any questions, please do not hesitate to contact your Allstate representative or call the Allstate Customer Information Center at 1-800-ALLSTATE (1-800-255-7828). xc2es~ EXHIBIT "A" °°° IIIIIIIIIIIIIIIIIIIIIIIIIIYIIIIIIINIIIIIIIIIIIIIII Allstate Insurance Company PoUctr Number : 0 98 857787 08 08 Yeur Apent: Hockley 8 O'Donnell (717) 838-6781 Pulictr Elfecllve Dele: Fsh. 8, 2D09 Important Notice Important Information About Your Auto Policy The enclosed Policy Declarations lists important information about your policy, such as your address, the vehicles you've insured, the vehicle identification numbers (VIN) assigned to your insured vehicles, the drivers insured, and the coverages and coverage limits you've chosen. Your Policy Declarations also lists any discounts and surcharges applied to your policy. Because much of the information found on your Policy Declarations is used to help us determine your premium, please be sure to review your Policy Declarations carefully each time you receive one. You may want to add coverage, delete coverage or change your coverage limits -or you may want to change the information concerning the vehicles or drivers your policy insures. Another thing to keep in mind is that you may now qualify for discounts that you previously were not eligible to receive. For instance, in many states, Allstate offers discounts for: • drivers who are age 55 and older who are no longer working; • young drivers, including students under the age of 25; • drivers who have completed approved driver training courses; and • drivers who also insure their homes with Allstate. Please contact your Allstate representative for additional information about discount qualifications, as well as other discounts that may be available. Making ihanges to your policy If you need to make a change to any of the information listed on your Policy Declarations, please notify your Allstate representative of the change as soon as possible. With a few exceptions, ar>y changes Will be effective as of the date you notify us. If you have any questions about this notice, or if you need to update any of the information listed on the enclosed Policy Declarations, please contact your Allstate agent or our Customer Information Center at 1-800-ALLSTATE (1-800-255-7828). X67094 EXHIBIT "A" Allstate Insurance Company ®AIIStdte Policy Number : 0 98 357137 08A3 Teur Ayent: Nockley 6 O'Donnell (717) 334.6741 You ie in good hands. Policy Etfaclhe Dele: Feb. 3, 2009 important Notice State-Required Notices Regarding YourAuto, Motorcycle, Olt-Road Vehicle or Motor Home Insurance Penalties far Insurance Fraud Pl:nnsyhrania law requires us to provide the fdlowing notthcation regarding insurance fraud: My 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. Tort Options lbrailable With Auto, Motorcycle, Off-Road Vehicle or Motor Home Insurance This notice briefly describes the tort options available to you with your auto, motorcycle, off-road vehicle or motor home policy. The laws of the Commonwealth of Pennsylvania require that you be given the right to choose either of the fdlowing two tort options: limited Tort Option -This form of insurance limits your right and the rights of members of your househdd to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other househdd members covered under the policy may seek recovery for all medical and other out-of- pocketexpenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition ~ serious injury, asset forth in the pdicy, or unless one of several other exceptions noted in your pdicy applies. Please note that the Limited Tort option is not available far motorcycles, motor-driven cycles, motorized pedal cycles, off-road vehicles or like-type vehicles. • Full Tort Option -This form of insurance allows you to maintain an unrestricted right fa yourself and other members of your househdd to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other househdd members covered under your pdicy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering or other nonmonetary damages as a result of injuries caused by other drivers. ff you wish to change the tort option indicated on the enclosed Policy Declarations, you must notify your agent, broker, or company, and complete the appropriate form. Discounts Available With Auto or Motor Home Insurance Pennsylvania law requires that we inform you of the availability of the following three discounts: • Passive RestraintDiscount- ff your insured motor vehicle is equipped with airbags or passive seat belts, you may qualify for a premium discount on certain coverages. Passive seat belts are those that fasten without any action by the driver orfront-seat passenger. • Mti-Theft Device Discount -You may qualify for a premium discount on your pdicy's comprehensive coverage if your insured motor vehicle is equipped with a device that would help to prevent your motor vehicle from being elder, such as certain types of alarms. EXHIBIT "A" Page 1 iir"oiiiioiirimmmiionuimRU~um~i~ Allstate Insurance Company Polity Number :0 98 357787 08103 Your AOsnt: Hockley A O'Donnell (T1T) 88~-6T~1 Po(iry E(lecliva Dels: Feb. 8, 2009 • Defensive DriverDiscount-If you're age 55 or older and have successfully completed a Motor Vehicle Driver Improvement Course approved by the Pennsyhrania Department of Transportation, you may qualify fora 5 percent discount on some coverages. In order to be eligible, you must have voluntarily enrolled in the course. The three discounts described above are not available for motorcycles or ofi-road vehicles. VUe offer many other money-saving discounts to qualified policyholders. Any discounts for which you have qualified will be listed on the enclosed Policy Declarations. For more information about any of the discounts we offer, please contact your agent, broker, or company. X5381-2 EXHIBIT "A" Page 2 Allstate Insurance Company ~ Allstate You're in good hands. Polity Number : 0 98 357737 OB/OS Your Apent: HackleY ~ O'Donnell 1717) 834.6711 Pollcy Etlecllve Dale: Fsb. 3, 2009 Important Notice Coverage is availa6/e with certain affiliates of Allstate Please keep in mind that you maybe able to obtain a pdicy from certain Allstate affiliates that has different pdicy features and rates than those of your current policy. However, be sure to note that any price difference between your current pdicy and pdicies offered through these Allstate affiliates can change significantly in future pdicy periods. Even 'If one company's rates are tower than the other's today, they may, in some cases, be higher than the other company's in the future. Similarly, pd'Iry features that are available today in one company may not be available in future policy periods, and features not available today may become available. In addition, the tenure you've earned with your current Allstate company will not carry over to the new company. In some cases, this could limit future renewal offers from the new company. Wle want to help you understand your insurance options in any way that we can. ff you'd like to know more about the information in this notice or about our other insurance products, just contact your local Allstate representative. X68038-1 EXHIBIT "A" °~" ~IAIIAAIIUNII~IIIMlllllllllllllllllllllllll Allstate Insurance Company ~ Allstate Pol Icy Number : 0 90 957787 08/03 Your AOsnl: Nocklsy i O'Donnell (717} 384-5741 vou~re in good hands. Policy EBeglve Dels: Feb. 9, 2009 Policy Endorsement The following endorsement changes your policy. Please read this document carelull~ and keep d with your po/icy. Pennsylvania Auto Amendatory Endorsement -Mrt4za~ I. In the General Provisions section, the following changes are made: A. The When and Where the Policy Applies provision is replaced with the folowing: When and Where the Policy Applies During the poky period, your policy applies to losses to the auto, accidents and occurrences within the United States of America, its territories or possessions or (~nada, or between their parts. B. The folowing provisions are added: What Law Will Apply This policy is issued in accordance with the laws of Pennsylvania and covers property or risks principally located in Pennsylvania. Subject to the following paragraph, arty and all claims or disputes any way related to this poky shall be governed by the laws d Pennsylvania. ff a covered loss to the auto, a covered auto acctident, or any ocher occurrence for which coverage applies under this policy happens outside Pennsylvania, claims or disputes regarding that covered loss to the auto, covered auto acadent, or other covered occurrence maybe governed by the laws of the jurisdiction in which that covered loss to the auto, covered auto accident, or other covered occurrence happened, only if the laws of that jurisdiction would apply in the absence of a contractual choice of law provision such as this. Where Lawsuits May Be Brought Subject to the following two paragraphs, any and all lawsuits in arty way related to this policy shall be brought, heard, and decided only in a state orfederal court located in Pennsylvania. Any and all lawsuits against persons not parties to this poky but involved in the sale, administration, performance, or alleged breach of this policy or involved in any other way with this policy, shall be brought, heard, and decided only in a state or federal court located in Pennsylvania, provided that such persons are subject to or consent to suit in the courts specified in the paragraph. ff a covered loss to the auto, a covered auto accident, or any other occurrence for which coverage applies under this policy happens outside Pennsylvania, lawsuits regarding that covered loss to the auto, covered auto accident, or other covered occurrence may also be brought in the judicial district where that covered loss to the auto, covered auto acadent, or other covered occurrence happened. Nothing in this provision, Where lawsuits May Be Brought, shall impair any party's right to remove a state court lawsuit to a federal court. Action Against Allstate No one may bring an action against us unless: EXHIBIT "A" Page ~ .~~ iifii~niiiiimiiruuumm~mmmmi~ Allstate Insurance Company Policy Number : 0 9a 357787 08N8 tour Apsnt: Hockley A O'Donnell (717) 338-671 Polfcy EIIecNve Dele: Feb. 8, 2009 1. there is full compliance with all policy terms; and 2. the action is commenced within one year of the date the cause of action accrues. However,rf an action is in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under a particular coverage that is shown on the Policy Declarations, such action must be commenced within the time period specified in the Action Against Allstate provision of that particular coverage. b an action is brought asserting claims relating to the existence or amount of coverage, or the amount of loss for which coverage is sought, under different coverages of this pdicy, the claims relating to each coverage shall be treated as if they were separate actions for the purpose of the time limit to commence action. Arbitration Any claim or dispute in any way related to this policy, by a person insured under this policy against us or us against a person insured under this policy, maybe resobed by arbitration only upon mutual consent of the parties. Arbitration pursuant to this provision shall be subject to the following: 1. no arbitrator shall have the authority to award punitive damages or attorney's fees; 2. neither of the parties shall be entitled to arbitrate any claims or disputes in a representative capacity or as a member of a class; and 3. no arbitrator shall have the authority, without the mutual consent of the parties, to cansdidate daims or disputes in arbitration. This provision shall not apply to claims or disputes to which the Part 3, Unhrsured and Underinsu-ed Motorist insurance, ff We Cannot Agree provisions apply. Loss Reduction and Other Items From time to time and in our sde discretion, we may provide you, or allow others to provide you, with: 1. items, memberships, special offers, merchandise, services, classes, seminars or other things of value designed to help you or other persons insured under this pdicy manage the risks you or they face, including, but not limited to, loss reduction or safety-related items; or 2. items, memberships, special offers, merchandise, services, classes, seminars or things of any other type that we think maybe of value to you or someone else insured under this pdicy. These items, memberships, special offers, merchandise, services, classes, seminars or other things of value may be provided in arty form, including, but not limited to, redemption codes, coupons, vouchers and gift cards. II. In Part 1, Automobile Liabilky Insurance, the fdlowing changes are made: A Under Additional Payments Allstate Will Make, item 1 is replaced with the fdlowing: 1. up to $100 per day for loss of wages or salary if we ask that person to attend hearings or trials to defend against a bodily injury suit. We won't pay for loss of other income. We will pay other reasonable expenses incurred at our request. B. Under Exclusions -What is not covered, the fdlowing is added: ^ Page 2 EXHIBIT "A" Allstate Insurance Company ~AIIStdte You're in good hands. Policy Number :098 357737 DaJD3 your Apent: Nockley !k O'Donnell (717) 884-5741 Polity Ellective Oale: Feb. 3, 2009 9. bodily injury or property damage arising out of the participation in any prearranged, organized, or spontaneous: a) racing contest; b) speed contest; or c) use of an auto at a track or course designed or used for racing or high performance driving; or in practice or preparation for any contest or use of this type. C. The Action Against Allstate provision is replaced by the following: Action Against Allstate No insured person may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Part 1-Automobile Liability Insurance, unless there is full compliance with all poky terms and such action is commetrced no later than the last of the folowing to occur: 1. one year after the date of the accident; 2. one year after entry of final judgment or other court order terminating a lawsuit against the insured to determine the insured's liability or the amount of the insured's liability arising out of the accident; 3. one year after we agree to a settlement; or 4. 'rf we have denied coverage and the insured person has thereafter settled with the claimant without any lawsuit being filed to determine the insured's liability ar the amount of the insured's liability arising out of the accident, within one year after the denial of coverage. ff the insured person is subjected to claims arising out of the same accident by more than one person claiming bodily injury or property damage, the time for the insured person to bring an actiat against us shall be determined separately as to the coverage sought or provided with respect to the claims of each of those daiming against the insured person. ff liability has been determined by judgment after trial, or by written agreement among the insured, the other person, and us, then whoever obtains this judgment or agreement against an insured person may sue us up to the limits of this policy. However, no one has the right to join us in a suit to determine legal responsibility of an insured person. 111. In Part 2, Frst Party Benefits Coverage, the folowing changes are made: A. Under Exclusions -What is not covered, the fdlowing is added: . ~) any person arising out of the participation in any prearranged, organized, or spontaneous: (1) racing contest; (2) speed contest; or (3) use of an auto at a track or course designed or used for racing or high performance driving; or in practice or preparation'forony contest or use of this type. B. Under Conditions, item A is replaced by the fdlowing: A. Action Against Allstate No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Part 2-Prat Party Benefits Coverage, EXHIBIT "A" Page s NJiO.010003T08010103012251109• MCD'2t-3 I~I~N~IMIIII~~IIIIIN~~I~M~I~NII{IIIIIIIUII~~II~I~~NNII~I~ Allstate Insurance Company Pollry Number : D 98 857787 08J68 Your Agent: Hoekley A O'Donnell i717' 834-6741 Policy EtlecUve Oele: Feb. 8, 2009 unless there is full compliance with all poky terms. ff benefits have not been paid, such action must be commenced within four years after the date of the accident. ff benefits have been paid, such action must be commenced within four years after the date of the last payment. N. In Part 3, Uninsured Motorists Insurance and Underinsured Motorists Insurance, the fdlowing changes are made: A. Uninsured Motorists Insurance, under An uninsured auto is not, item 3 is deleted. B. In Uninsured Motorists Insurance, under Exclusions-What is not covered, the fdlowing exclusions are added: 4. bodily injury arising out of the participation in any prearranged, organized, or spontaneous: a) racing contest; b) speed contest; or c) use of an auto at a track or course designed or used for racing or high performance driving; or in practice or preparation for any contest or use of this type. 5. bodily injury to anyone while in, on, getting into or out of or when struck by a motor vehicle owned or leased by you or a resident relative which is not insured for Uninsured Motorists Coverage under this poky. 6. bodily injury to you or a resident relative while in, on, petting into or out of or when struck by a non-owned motor vehicle not insured for Uninsured Motorists Coverage under this policy if that non-owned motor vehicle is available for the regular use of you or a resident relative. C. In Uninsured Motorists Insurance, the Action Against Allstate provision is replaced by the following: Action Against Allstate No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under Part 3 -Uninsured Motorists Insurance, unless there is full compliance with all poky terms and such action is commenced within four years after the date of the accident. ff any insured person sues a person believed responsible for the accident without our written consent, we are not bound by any resulting judgment. D. In Uninsured Motorists Insurance, the If We Cannot Agree provision is replaced by the following: If We Cannot Agree ff the insured person and we do not agree on that person's right to receive damages or on the amount, then upon mutual consent, the disagreement will be settled by arbitration. Unless you and we agree otherwise, arbitration will take place in the county in which your address shown on the Policy Declarations is located. ff the insured person and we do not agree to arbitrate, then the disagreement will be resolved in a court of competent jurisdiction. Any and all lawsuits related in any way to this coverage shall be brought, heard, and decided in the county in which your address shown on the Policy Declarations is located. The fdlowing issues may be arbitrated: EXHIBIT "A„ Page 4 Allstate Insurance Company ®AIIStdte Policy Number :0 99 857787 08 08 Tour Agent: HockleT A O'Donnell (717) a84-6781 You're in good hands. Polity EdecNvs Oele: Feb. 8, 2009 1. Whether an insured person is legally entitled to recover damages from the owner or operator of an uninsured auto because of bodily injury to the insured person; or 2. The amount d damages to which an insured person is legally entitled due to bodily injury, subject to the limits of liability as determined by the terms and conditions of this policy. The arbitrators will not have the power to decide any dispute regarding the nature or the amount of the coverage provided by the poky or claims for damages outside the terms of the poky, including, but not limited to, claims for bad faith, fraud, misrepresentation, punitive or exemplary damages, attorney fees and/or interest. Neither of the parties shall be entitled to arbitrate any claims in a representative capacity or as a member of a class. No arbitrator shall have the authority, without the mutual consent of the parties, to consdidate claims in arbitration. Arbitration will take place under the rules of the Pennsylvania Uniform Arbitration Act of 1927 or as agreed to by the parties. All expenses of the arbitration will be shared equally. However, attorney fees and fees paid to medipl and other expert witnesses are not considered arbitration expenses. These costs will be paid by the party incurring them. No one may pursue arbitration under Part 3-Uninsured Motorists Insurance unless there is fu11 compliance with all policy terms. No one may pursue arbitration under Part 3-Uninsured Motorists Insurance unless the demand for arbitration is made within four years after the date of the accident. E. In Underinsured Motorists Insurance, under An underinsured auto is not, item 3 is deleted. In Underinsured Motorists Insurance, under Exclusions-What is not covered, the fdlowing exclusions are added: 4. bodily injury arising out of the participation in any prearranged, organized, or spontaneous: a) racing contest; b) speed contest; or c) use of an auto at a track or course designed or used for racing or high performance driving; or in practice or preparation for arty contest or use of this type. 5. bodily injury to anyone while in, on, getting into or out of or when struck by a motor vehicle owned or leased by you or a reaidem relative which is not insured for Underinsured Motorists Coverage under this pdicy. 6. bodily injury to you or a resident relative while in, on, getting into or out of or when struck by a non-owned motor vehicle not insured for Underinsured Motorists Coverage underthis pdicy if that non-owned motor vehicle is available for the regular use of you or a resident relative. G. In Underinsured Motorists Insurance, the Action Against Allstate provision is replaced by the following: Action Against Allstate No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under hart 3 -Underinsured Motorists Insurance, unless there is full compliance with all poky terms and such action is commenced within four year; otter the date of the accident. EXHIBIT "A" Page 5 °°' IIIYIIIIYYd1lNlllllllllltlllllllllpllllllll! Allstate Insurance Company Pol(ry Number :0 98 357787 08/D3 Your Agenl: Hockley 6 O'Donnell (717) 8a4-6741 Por(ry EffecUre Oels: Fsb. 8, 2009 ff any insured person sues a person believed responsible for the accident without our written consent, we are not bound by any resulting judgment. H. In Underinsured Motorists Irraurance, the If We Cannot Agree provision is replaced by the fdlowing: if We Cannot Agree ff the insured person and we do not agree on that person's right to receive damages or on the amount, then upon mutual consent, the disagreement will be settled by arbitration. Unless you and we agree otherwise, arbitration will take place in the county in which your address shown on the Policy Declarations is located. M the insured person and we do not agree to arbitrate, then the disagreement wilt be resolved in a court of competent jurisdiction. Any and all lawsuits related in any way to this coverage shall be brought, heard, and decided in the county in which your address shown on the Policy Declarations is located. The fdlowing issues may be arbitrated: Whether an insured person is legally entitled to recover damages from the owner or operator of an underinsured auto because ~ bodily injury to the insured person; or 2. The amount of damages to which an insured person is legally entitled due to bodily Injury, subject to the limits d liability as determined by the terms and conditions ~ this poky. The arbitrators will not have the power to decide arty dispute regarding the nature or the amount of the coverage presided by the pdicy or claims for damages outside the terms of the pdicy, including, but not limited to, claims for bad faith, fraud, misrepresentation, punitive or exemplary damages, attorney fees andlor interest. Neither of the parties shall be entitled to arbitrate any daims in a representative capacity or as a member of a class. No arbitrator shall have the authority, without the mutual consent of the parties, to consolidate claims in arbitration. Arbitration will take place under the rules of the Plennsylvania Uniform Arbitration Act of 1927 or as agreed to by the parties. All expenses of the arbitration will be shared equally. However, attorney fees and fees paid to medical and other expert witnesses are not considered arbitration expenses. These costs will be paid by the party incurring them. No one may pursue arbitration under Pad 3-Underinsured Motorists Insurance unless there is full compliance with all policy terms. No one may pursue arbitratlon under Part 3-Underinsured Motorists Insurance unless the demand for arbitration is made within four years after the date of the accident. V. In Part 4, Protection Against Loss To The Auto, the following changes are made: A. The third paragraph of the Mental t;eimburaemenl Coverage insuring agreement is replaced with the following: ff your insured auto is disabled by collision or comprehensive loss, coverage starts the day of the loss. ff it is drivable, coverage starts the day the auto is taken to the garage for repairs. B. Under Exclusions -What is not covered, the fdlowing exclusion is added: 13. loss or damage arising out ~ the participation in any prearranged, organized, or spontaneous: a) racing contest; b) speed contest; or c) use of an auto at a track or course designed or used for racing or high performance driving; Page 6 e EXHIBIT "A" Allstate Insurance Company ®Allstate You're in good hands. Policy Number :0 98 357737 08 03 Your Apsrlt: Mockler 3 O'Donnell (717) 331-6741 Policy Etledivs Date: Feb. 3, 2009 or in practice or preparation for any contest or use of this type. C. The fdlowing is added to the Limits of Liability provision: When more than one coverage is applicable to the loss, you may recover under the broadest coverage but not both. However, any Sound System Coverage deductible will always apply. D. The Action Against Allstate provision is replaced by the fdlowing: Action Against Allstate No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under fart 4 -Protection Against Lass to The Auto, unless there is full compliance with all pdicy terms and such action is commenced within one year after the date of loss. E. The fdlowing provision is added: Loss Payable Clause ff a lienholder and/or Lessor is shown on the Policy Declarations, we may pay loss or damage under this pdicy to you and the Lienhdder and/or Lessor as its interest may appear, except: 1. Where fraud, misrepresentation, material omission, or intentional damage has been committed by or at the direction of you. 2. When the vehicle{s) is intentionally damaged, destroyed or concealed by or at the direction of you or any owner. 3. When you or any owner makes fraudulent statement(s) or engages in fraudulent conduct in connection with any accident or loss for which coverage is sought. The lienholder and/or Lessor must notify us of any change in ownership or hazard that is known. ff you or any owner fails to render proof of loss within the time granted in the pdicy, the Lienholder and/or Lessor must do so within 60 days in the form and manner described in the policy. The lienhdder and/or Lessor are subject to the provisions of the pdicy relating to appraisal, time of payment and bringing suit. We may cancel this pdicy according to its terms. We will notify the Lienhdder and/or Lessor at least ten days prior to the date of cancellation that the cancellation is effective as to the interest of the Lienhdder and/or lessor. Whenever we pay the Lienholder and/or lessor any sum for loss or damage under this pdicy, we will be subrogated to the extent of payment to the rights of the party to whom payment was made. However, these subrogation provisions must in noway impair the rights of the Lienhdder and/or Lessor to recover the full amount of its claim from the insured. The Lienholder and/or Lessor has no greater rights under the provisions of the policy than the insured. All other pdicy terms and conditions apply. EXHIBIi..A" nnr °°' IIIIIIIIIIIIIIIIIBIIIINIIIIIIIIIIIIIIIIIIIIIINAI ~~~ l~l ~~a~(~~ ~~ ~ ~ ~~ ~~~- l S "alp C.:c~1 1~-t /L.M. i `n'om-'l ~ ~{-c~L..t,+~- ~~~-s u~~'-~.~j ~3 ~- ~' AR'-~-lac L~2 tiP~(Z ~ ~~ ~ Y~.7ls ~~~ ~ ~~ ~~ Pte-- - ~ ~L~ ~' P~ l~o~ ~,~ CS2~g~ C lU VERIFICATION I, Thelma Thomas, hereby verify that the facts set forth in the foregoing compliant are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. ~ 4904 relating to unsworn fal,Si#~eation to authorities. july~` ~20~0 Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff N0.2010-3081 CIVIL TERM v. CIVIL ACTION -LAW ~-, r.~ . t._. ALLSTATE INSURANCE COMPANY, -, ,' ~i;` Defendant JURY TRIAL DEMANDED =_ ~ ~. , GJ ~ NOTICE TO PLEAD - `~" TO: Thelma Thomas, Plaintiff c/o William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 _ .~ ,~ _~. .~ -~ ~~~ «_~ N ~ . .y . You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffls Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: July ~ Q , 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. S HEIB, ESQU PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717} 757-3783 Mscheib(a,~slsc.com Jporter ~gslsc.com Attorneys for Defendant, Allstate Insurance Company --~, ~.~ iT~r° ~;.~ _: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff . v. ALLSTATE INSURANCE COMPANY, Defendant N0.2010-3081 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, ALLSTATE INSURANCE COMPANY, TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, .Allstate Insurance Company, by and through its attorneys, Michael B. Scheib, Esquire, John C. Porter, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Preliminary Objections to Plaintiffs Amended Complaint. 1. Plaintiff instituted this litigation by filing a Complaint with the Cumberland County Prothonotary on or about May 11, 2010. After Defendant filed Preliminary Objections Plaintiff filed an Amended Complaint on or about July 14, 2010. A true and correct copy of Plaintiff s Amended Complaint is attached hereto, made a part hereof and marked Exhibit 1. I. FIRST PRELIMINARY OBJECTION - INSUFFICIENT SPECIFICITY - STRIKE PLAINTIFF'S AMENDED COMPLAINT 2. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Paragraph 1. 3. Pennsylvania is a fact pleading state. 4. At a minimum, a pleading must set forth concise facts upon which a cause of action is based. 5. In Paragraph 7 of her Amended Complaint, Plaintiff claims that Defendant "wrongfully refused to pay her complete wage loss in accordance with the terms of the policy." (Plaintiff s Amended Complaint at ¶ 7 (emphasis added).) 6. Nowhere does Plaintiff indicate what partial wage loss she claims she was paid pursuant to the terms of the policy. 7. In Paragraph 8 of her Amended Complaint, Plaintiff claims that Defendant misrepresented and deceived her as to the "availability and calculation of wage loss coverage under her policy of insurance." (Plaintiff's Amended Complaint at ¶ 8.) 8. Nowhere in Plaintiff's Amended Complaint does she provide a concise statement of facts pertaining to Defendant's representations of the availability of wage loss coverage and the manner of calculation of wage loss. 9. In Paragraphs 9 and 10 of her Amended Complaint, Plaintiff indicates that Defendant has "refused to pay full proceeds" and instead "intentionally paid a reduced amount of wage loss." (Plaintiff's Amended Complaint at ¶¶ 9 and 10.) 10. Nowhere in Plaintiff s Amended Complaint does she provide concise facts setting forth the amount of reduced wage loss she claims she has been paid or the manner in which she claims it was calculated. 11. In Paragraphs 11, 12 and 13 of her Amended Complaint, Plaintiff makes boilerplate averments of Defendant's alleged failure to promptly investigate and resolve claims or promptly provide a factually sound explanation for a purported denial of the claim. (Plaintiff s Amended Complaint at ¶¶ 1 1, 12, and 13.) 2 12. Nowhere in Plaintiff s Amended Complaint does she indicate any dates or times or any other indicia of dilatory behavior on the part of the Defendant that would provide factual support for these bald allegations of lack of promptness. 13. In Paragraphs 13 and 15 of her Amended Complaint, Plaintiff alleges that the Defendant failed to provide a factually and legally sound explanation basis for its purported denial of Plaintiffs claim of coverage benefits. (Plaintiffs Amended Complaint at ¶¶ 13 and 15.) 14. Plaintiff fails to provide a concise statement of facts that: a. sets forth Defendant's duty to provide an explanation; and b. ,relates what explanation was provided and how said explanation was deficient. 15. Plaintiff s Amended Complaint is replete with boilerplate statements of law. 16. At the same time, Plaintiff's Amended Complaint has a dearth of facts to support the boilerplate allegations and, therefore, is insufficiently specific. 17. Plaintiffs Amended Complaint should be struck in its entirety for its lack of specificity. Pa.R.C.P. 1028(a)(3). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Plaintiffs Amended Complaint in its entirety. II. SECOND PRELIMINARY OBJECTION - DEMURRER, INSUFFICIENT SPECIFICITY AND FAILURE TO CONFORM TO RULE OF COURT -STRIKE PARAGRAPH 8 OF PLAINTIFF'S AMENDED COMPLAINT 18. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Paragraphs 1 through 17. 3 19. Plaintiff alleges in Pazagraph 8 of her Amended Complaint that Defendant fraudulently misrepresented and deceived her with respect to the availability and calculation of wage loss coverage under her policy of insurance. (Plaintiff s Amended Complaint at ¶ 8.) 20. Averments of fraud in a pleading must be averred with particularity. Pa.R.C.P. 1019(b). 21. Plaintiff fails to identify with particularity how Defendant misrepresented and deceived her with respect to the availability and calculation of wage loss coverage under her policy of insurance. 22. Accordingly, Pazagraph 8 of Plaintiff s Amended Complaint must be struck for failure to conform to Rule of Court and for insufficient specificity. Pa.R.C.P. 1028(a)(2) and (a)(3). 23. Plaintiff has also failed to set forth the elements of a cause of action for fraud including, inter alia, her justifiable reliance on Defendant's alleged misrepresentation and deception. 24. Accordingly, Pazagraph 8 of Plaintiffs Amended Complaint must be struck as legally insufficient. Pa.R.C.P. 1028(a)(4). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Pazagraph 8 of Plaintiff s Amended Complaint. III. THIRD PRELIMINARY OBJECTION -DEMURRER -STRIKE PARAGRAPH 14 OF PLAINTIFF'S AMENDED COMPLAINT 25. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Pazagraphs 1 through 24. 4 26. Plaintiff claims at Paragraph 14 of her Amended Complaint that Defendant has "willfully, maliciously and/or recklessly withheld benefits from the plaintiff, which constitutes a breach of an implied covenant of good faith and fair dealing." (Plaintiff s Amended Complaint at ¶ 14.) 27. Pennsylvania does not recognize a common law tort remedy for bad faith on the part of insurers. Williams v. Nationwide Mut. Ins. Co., 750 A.2d 881 (Pa. Super. 2000); D'Ambrosio v. Pa. Nat. Mut. Cas. Co., 494 Pa. 501, 431 A.2d 966, 970 (1981). 28. Accordingly, Plaintiffs claim in Paragraph 14 of her Amended Complaint of a breach of an implied covenant of good faith and fair dealing is legally insufficient and must be struck from Plaintiff's Amended Complaint. Pa.R.C.P. 1028(a)(4). WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Paragraph 14 of Plaintiff s Amended Complaint. IV. FOURTH PRELIMINARY OBJECTION -DEMURRER TO PARAGRAPH 22 OF PLAINTIFF'S AMENDED COMPLAINT -STRIKE PARAGRAPH 22 OF PLAINTIFF'S AMENDED COMPLAINT 29. Defendant incorporates herein by reference, as though fully set forth at length, the allegations set forth herein in Paragraphs 1 through 28. 30. Plaintiff asserts claims for emotional distress ("severe aggravation, inconvenience and emotional distress") at Paragraph 22 of her Amended Complaint. (Plaintiff's Amended Complaint at ¶ 22.) 31. Pennsylvania does not recognize claims or damages for emotional distress based upon breach of contract (absent wanton or reckless conduct and bodily harm) or statutory bad 5 faith pursuant to Pennsylvania's Bad Faith Insurance Statute, 42 Pa.S.A. § 8371. Rodgers v. Nationwide Mutual Insurance Co., 344 Pa. Super. 311, 496 A.2d 811 (1985). 32. Accordingly, Pazagraph 22 of Plaintiff s Amended Complaint must be struck for failure to state a claim upon which relief may be granted. WHEREFORE, Defendant, Allstate Insurance Company, respectfully requests this Honorable Court to grant this Preliminary Objection and strike Pazagraph 22 of Plaintiffs Amended Complaint. Date: July ..3 ~ , 2010 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MIC L B. S EIB, ESQUI PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a~gslsacom J~orte~~slsc.com Attorneys for Defendant, Allstate Insurance Company 6 VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said parry, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein aze made subject to the penalties of 10 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: July ~ ~ , 2010 C L B. IB, ES UIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff N0.2010-3081 CIVIL TERM v. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3 n ~ day of July, 2010, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Preliminary Objections of Defendant, Allstate Insurance Company, to Plaintiff's Amended Complaint, by United States Mail, postage prepaid, addressed to the parry or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Attorney for Plaintiff] GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MI HAEL B. HEIB, ESQU PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib(a~ g~slsc. com ~orter(a~~slsc.com Attorneys for Defendant, Allstate Insurance Company C'A`AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) c_ma ----------------------------------- - -------------- - -------- - ---------------------------------- - ---- -------------- CAPTION OF CASE 0 .,; (entire caption must be stated in full) THELMA THOMAS, -=D Plaintiff vs. ?G [7 (Z) -.sj o ALLSTATE INSURANCE COMPANY, 7=CD - Defendant. CZ 2010-3081 Civil c - No. T fm 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Obiections of Defendant, Allstate Insurance Co., to Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: William P. Douglas, Esquire (Name and Address) (b) for defendants: Michael B. Scheib, Esquire (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: l I.1 h0 Michael B. Scheib, Esquire Print your name Defendant, Allstate Insurance Company Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff V. ALLSTATE INSURANCE COMPANY, Defendant NO. 2010-3081 CIVIL TERM ' c-) c CIVIL ACTION - LAW ?? v r JURY TRIAL DEMANDED 63 , C-) ?c ca rn ?rn Q? z? CERTIFICATE PREREQUISITE TO SERVICE W OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant, Allstate Insurance Company certifies that: (1) A Notice of Intent to Serve the Subpoena with copies of the Subpoena attached thereto was mailed or delivered to each parry at least twenty (20) days prior to the date on which the Subpoena are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) The attorney for the Plaintiff, William P. Douglas, Esquire has waived the notice period, per the attached Waiver, and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & Me DATED: BY: MIC EL B. CHEIB, S RE #63868 Attorney for Defendant, Alls to Insurance Company 110 South Northern Way York, PA 17402-3737 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff V. ALLSTATE INSURANCE COMPANY, Defendant NO. 2010-3081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Michael B. Scheib, Esquire, counsel for Defendant, Allstate Insurance Company-intends to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. GRIFFITH, STRICKLE4, LERMAN, WLYMOS & DATE: 1114110 BY: MICHAEL BLSCHEIB, ESQUIRE #63868 Attorney for Defendant, Allstate Insurance Company 110 South Northern Way York, PA 17402-3737 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff : NO. 2010-3081 CIVIL TERM V. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Craig Coffman 125 Hay Street Gettysburg, PA 17325 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all documentation pertaining to Thelma Thomas working as a caregiver for your mother, including, but not limited to: timecards, timesheets, receipts for cash payments, copies of 1099's or a W-2 issued, your or your mother's EIN number, notes of acitivities or treatment. huh ickterterma (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michael B. Scheib, Esquire ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKIN_S_ 110 South Northern Way. York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 63868 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff NO. 2010-3081 CIVIL TERM V. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this I ft day of Llovewt bev , 2010, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intent to Serve A Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Plaintiff s Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & C 7S BY: 1 MIC AEL 4CHEIB4,E§QQb'AE#63868 Attorney for Defendant, Allstate Insurance Company 110 South Northern Way York, PA 17402-3737 (717) 757-7602 11.30. 10 1.5:,16 FAX 7172133955 Douglas Law Office _ 0 0 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TITELMA THOMAS, NO. 2010-30S1 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW ALLSTATE INSURANCE. COMPANY, Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS 1, William P. Douglas, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve A Subpoena pursuant to 4009.22. 1 further have no objection to the Defendant serving the Subpoena directed to Craig Coffinan as evidenced by the filing of this Waiver. Dated: < < - ? -G<3(0 Q1\ . Ll:z> WILLIAM P..DOU AS, L QU Counsel for Plaintiff NOU-30-2010 14.40 7172438955 P.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff NO. 2010-3081 CIVIL TERM v. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of b ?P?°we , 20/6, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Plaintiff's Counsel) GRIFFITH, STRICKLER, L RMAN SOLYMOS & CALKINS BY: ?e L. MICHAEL B. S EIB, ESQUIRE #63868 Attorney for Defendant, Allstate Insurance Company 110 South Northern Way York, PA 17402-3737 (717) 757-7602 DOUGLAS LAW OFFICE FCLE[IrOFFIC ? , 43 W. SOUTH ST. OF THE PROTHONOTAR E CARLISLE PA 17013 2Q 10 DEC 14 PM 2: S 7 WILLIAM P. DOUGLAS, ESQ. TELEPHONE 717--24 243-1790 6 Supreme Court I D # 3792 CUMBERLAND COUNTY .. ? N.S. X..'Al1.? . . ......................................................................................................... Thelma Thomas In the Court of Common Pleas of Cumberland County Pennsylvania vs Allstate Insurance Company Plaintiff No. 2011) - 3081 Civil Term Defendant Civil Action Law Plaintiffs Answer to Preliminary Objections of Defendant 1. Admitted. Plaintiffs Answer to Objection 1 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. It is admitted that the plaintiff did not :indicate the amount she was paid by the defendant but it is assumed that the defendant would know what they have paid. 7. Admitted. 8. Denied. The information is contained in the contract of insurance. 9. Admitted. 10. Denied. The plaintiff provided the information as to the amount of her wage at the time of the accident and the insurance contract indicates how it should be paid. 11. Denied as stated. The plaintiff made averments to put the defendant on notice of the reasons and basis of her claim. 12. Denied as stated. The plaintiff put the defendant on notice of the claim give them the date of the accident, the amount of her wages at the time of the accident and a copy of the insurance contract from which they can calculate what should be paid and when. 13. Admitted. 14. Denied. The complaint and the laws of the Commonwealth of Pennsylvania puts the defendant on notice of their duty of good faith and fair dealing. 15. Denied as stated. It is admitted that the plaintiff's complaint puts the defendant on notice of the applicable law. 16. Denied as stated. The plaintiff has alleged sufficient facts to put the defendant on notice of the claims of the plaintiff. 17. Denied as an incorrect legal conclusion. A preliminary objection, on the ground of legal insufficiency, is an allegation that the plaintiff has failed to state facts constituting a cause of action against the defendant in that the facts so alleged do not show any causal connection between the alleged acts or omissions of the defendant and the injury and damages suffered by the plaintiff. A preliminary objection, on the ground of legal insufficiency in the nature of a demurrer should be sustained only when it appears with certainty that the law permits no recovery under the allegations pleaded, and any doubts in the determination should be resolved by overruling the objection.' The court should review all pleadings filed, including those of the party filing the preliminary objection.' However, the court should not deal with questions of law unless and until the resolution of the law is essential to a proper disposition of the matters being litigated.3 A preliminary objection, on the ground of legal insufficiency, in the nature of a demurrer, should not be sustained, unless the law is clear that no recovery is possible.4 If any theory of law will support the pleading challenged by the preliminary objection, the preliminary 1 Gekas v Sharp, 469 Pa 1, 364 A2d 691 (1976). 2 Smith v McDougall, 365 Super Ct 157, 529 A2d 20 (1987). 3 Broido v Kinneman, 375 Pa 568, 101 A2d 647 (1954). 4 Cianfrani v Commonwealth State Employees Retirement Bd., 505 Pa 294, 479 A2d 468 (1984). objection should be overruled.5 The issue raised by a preliminary objection in the nature of a demurrer is not whether the applicable law is clear and free from doubt, or whether the statement of the pleader's claim is sufficiently specific in substance and form, as to entitle the pleader to proceed to trial without amending it. The only issue to be resolved by a preliminary objection on the grounds of legal insufficiency in the nature of a demurrer is whether the facts in the pleadings are sufficient to entitle the plaintiffs to relief.6 Therefore, if a party files a preliminary objection in the nature of a demurrer, and the complaint provides a cause of action under any theory of law, as for example under alternative theories, the preliminary objection should be overruled.? Wherefore, it is prayed that the preliminary objections of the defendant be overruled Plaintiffs Answer to Objection 2 18. The aforesaid answers are incorporated herein and reference is made thereto. 19. Admitted. The defendant told the defendant that it was Allstate's practice to average wages over the period of time which would include when she was not employed which is contrary to the terms of the policy and applicable law. 20. Admitted. 21. Denied. reference is made thereto. 22. Denied. The complaint of the plaintiff gives the: plaintiff sufficient notice of the subject of and facts supporting the plaintiffs claim. 23. Denied. The conduct of the defendant forced the plaintiff to do so. 24. Denied. Wherefore, it is prayed that the preliminary objections of the defendant be overruled. Plaintiffs Answer to Objection 3 25. The aforesaid answers are incorporated herein and reference is made thereto. 26. Admitted. 5 Cianfrani, supra. 6 International Union of Operating Engineers v Linesville Construction Co., 457 Pa 220, 322 A2d 353 (1974). Packler v State Employees Retirement Board, 470 Pa 368, 368 A2d 158, on remand, 33 Cmwlth Ct 452, 382 A2d 158, affd 487 Pa 51, 408 A2d 1091 (1977). The answer to paragraph 12 and 17 is incorporated herein and 27. Admitted. 28. Denied. Although it has been codified under the bad faith statute. Breaching the implied covenant of good faith and fair dealing remains a basis of bad faith conduct. Wherefore, it is prayed that the preliminary objections of the defendant be overruled. Plaintiffs Answer to Objection 4 29. The aforesaid answers are incorporated herein and reference is made thereto. 30. Admitted. 31. Admitted. 32. Denied. The complaint of the plaintiff puts the defendant on notice of a claim for bad faith pursuant to 42 Pa. C.S.A. §8371. Wherefore, it is prayed that the preliminary objections of the defendant be overruled. Respectfully submitted, December 14, 2010 William P-Dou s, Esq. Attorney for the intiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: December 14, 2010 William P. Douglas THELMA THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 10-3081 CIVIL ALLSTATE INSURANCE COMPANY, Defendant .? IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT' BEFORE HESS, P.J. AND MASLAND, J. ORDER AND NOW, this v iS day of March, 2011, the Court being satisfied that the -^s plaintiff's complaint is sufficiently specific to allow for an answer by the defendant and otherwise states a cause of action, the preliminary objections of the defendant are OVERRULED. BY THE COURT, Kevin ./ William P. Douglas, Esquire For the Plaintiff Michael B. Scheib, Esquire John C. Porter, Esquire For the Defendant Mailed Copes 3l l p? "Ooe?z P. J. :rlm II 1" 7 all juiv j3 'TV I -A g 4 e r d Griffith Strickler Lerman Solymos & Calkins John C. Porter, Esquire 110 S. Northern Way York, PA 17402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff NO. 2010-3081 CIVIL TERM CIVIL ACTION - LAW V. JURY TRIAL DEMANDED ALLSTATE INSURANCE COMPANY, Defendant MOTION OF DEFENDANT ALLSTATE INSURANCE COMPANY TO COMPEL PLAINTIFF TO RESPOND TO WRITTEN DISCOVERY And now comes Defendant, ALLSTATE INSURANCE COMPANY, by its counsel, John C. Porter and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel Plaintiffs to Respond to Written Discovery, the grounds for which are as follows: 1. Defendant's counsel has contacted Plaintiff's counsel to discuss this motion and Plaintiff's counsel does not concur in this motion. 2. No Judge has previously ruled on any other issue in this case. 3. Plaintiff instituted this civil action for wage loss benefits pursuant to her Motor Vehicle insurance policy with Defendant, Allstate Insurance Company, by the filing of a Complaint in the Cumberland County Court of Common Pleas. 4. In July 2010, Defendant propounded Interrogatories/Request for Production of Documents by transmitting same to Plaintiffs' counsel. A copy of said Interrogatories/Request for Production of Documents is attached hereto and marked Exhibit 1. 5. In a November 11, 2010 letter an extension to respond to the discovery was granted until November 30, 2010. 6. In February 2011 and April 2011 reminder letters were sent to Plaintiffs' counsel regarding the delinquent discovery responses. A copy of all said correspondence is attached hereto and collectively marked Exhibit 2. 7. These letters were interspersed with at least four telephone calls of the same purpose. 8. Plaintiffs counsel was well-advised a Motion to Compel would be filed if the discovery responses were not received. 9. Plaintiff has not responded to Defendant's Interrogatories/Request for Production of Documents by way of Answers or Objections. 10. The information and documentation requested in the discovery requests is for information regarding Plaintiff's liability and damage claims and Defendant's submission of this discovery constitutes the first stage of the discovery phase of this litigation. 11. Plaintiff's tardiness in responding to the discovery has delayed this litigation. WHEREFORE, Defendant, ALLSTATE INSURANCE COMPANY respectfully request this Honorable Court to issue an Order compelling Plaintiff to respond to the Interrogatories/Request for Production of Documents as described in this Motion within (ten) 10 days from the date of this Court's Order. GRIFFITH, STRICKLER, LERMAN SOLYMOS & KINS BY QL C - John C. Porter, ID #90152 Attorneys for Defendant, ALLSTATE INSURANCE COMPANY 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 EXHIBIT 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, NO. 2010-3081 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFF SET NO.1 To: Thelma Thomas, Plaintiff C/o William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 The . Defendant, Allstate Insurance Company, by its attorneys, Michael B. Scheib, Esquire, John C. Porter, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, hereby demands that Plaintiff answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiant obtains further information between the time the answers are served and the time of the trial. Also, pursuant to Pa. R.C.P. Rule 4009.1, et seq., as amended, Plaintiff is requested to produce for inspection, examination and copying, at the offices of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. Defmition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES : A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. 2 D. "He" and any other masculine pronoun include any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: I. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: a. Its full names; b. The address of its principal place of business; and c. Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: a. State the place at which and the date on which such oral communication occurred; b. Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; C. State the subject and substance of such oral communication; and d. Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof, F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as 3 well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009. 1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). 1. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 1. Please state your full name, date of birth and present address. a. Have you ever used or been known by any other name? If so, please state each other name. b. How long have you lived at your present address? C. If you are married, provide the full name of your spouse and the date of your marriage. d. If you have children, list their names, genders and dates of birth. A 2. What is your present occupation and state the name and address of your present employer. Describe the specific nature of your employment duties and responsibilities. 4. List the names and addresses of your former employers for the past ten years, if any, and describe your employment duties and responsibilities. 7 5. What is your social security number? 6. State the amount of your gross and net income for each of the past six years. 7. On what date did you last work prior to the accident referenced in Paragraph No. 3 of your Complaint. 8. If you have returned to work since the accident referenced in Paragraph No. 3 of your Complaint, either on a full-time or part-time basis, when did you return and state whether the return has been to full-time or part-time employment. 8 9. Exactly how much income, if any, do you claim to have lost to date as a result of the accident referenced in Paragraph No. 3 of your Complaint and state the method of calculating said loss and the facts upon which you rely to base your calculations. 10. Of your own knowledge, will it be necessary for you to have future medical treatment by reason of the accident referenced in Paragraph No. 3 of your Complaint, and, if so, who advised you of the need for treatment and describe the type of treatment discussed. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 9 11. State the name, address, occupation and person whom you expect to call as an expert witness matter on which the expert is expected to testify. field of specialization, if any, of each at trial, and state as to each the subject 10 12. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) 13. a. Set forth the facts to which each expert you have listed is expected to testify; and b. Set forth the opinions to which each such expert is expected to testify. 11 14. Identify and describe any photographs, experiments, videotapes, movies, transparencies, models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered. 15. Identify all residents (by names and ages) of the household in which you currently reside. 12 16. Have you ever filed any claim(s) for worker's compensation benefits for the accident referenced in Paragraph No. 3 of your Complaint or any other incident and, if so, identify the employer, the claim number, describe your injury, and provide the name and address of the insured or self-insured entity to which your claim was made. 17. Have you ever filed any claims for unemployment compensation benefits and, if so, identify the employer and provide the name and address of the insured or self-insured entity to which your claim was made. 18. Have you ever filed a claim for disability insurance and, if so, please identify when the claim was made, the reason for the claim, and the identity of the insurance company or other entity to whom the claim was submitted. 13 19. Have you ever filed a claim or lawsuit for personal injuries and, if so, please identify when the claim and/or lawsuit was filed, the reason for same, the parties involved in any accident or incident, and the claim number and insurance company and/or docket number involved. 20. Identify by name, address, and subject matter of testimony all trial witnesses you intend to call. 21. Please identify: a. Myrtis Coffman; and b. Craig Coffman. 14 22. Are you currently under a physician's care for injuries related to the accident referenced in Paragraph No. 3 of your Complaint and, if so, state the name and address of the physician. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 23. Has any physician advised you to limit or restrict your work, employment or vocational activities due to injuries related to the accident referenced in Paragraph No. 3 of your Complaint and, if so, identify the physician by name and address and describe the limitations and/or advice related to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 24. Has any physician advised you to limit or restrict your activities of daily living, household chores, hobbies, or activities you engaged in (prior to the accident referenced in Paragraph No. 3 of your Complaint) and, if so, identify the physician by name and address and describe the limitations, restrictions and/or advice relayed to you. (A referral to attached medical records shall not constitute a sufficient response to this interrogatory.) 15 25. Have you been convicted of any crime within the past ten (10) years, whether by verdict or plea of guilty or nolo contendere? If so, please state: a. the date of each such conviction; b. the county and state in which you were convicted for each such crime; C. the nature of the felony or misdemeanor of which you were convicted; d. whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; e. the name and addresses of the tribunal imposing sentence; f. the title of the cause and case number assigned by said tribunal to your case; g. the nature of the sentence imposed; and h. the dates and places of any facility in which you were incarcerated, and the date(s) of release. 16 26. Have you, at any time, or are you currently preparing or maintaining any records, notes, logs, ledgers or diaries that in any way describe the communications or interactions between you and any servant(s), agent(s) or employee(s) of the defendant pertaining to the claims made in your Complaint? 27. If you answered "Yes" to the above question, where are said documents located? 28. List any and all dates within the next three months when you and your counsel are available to attend your deposition. 17 PLEASE PRODUCE THE FOLLOWING DOCUMENTS: 1. All photographs in the possession, custody or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for the Plaintiff, showing, representing or purporting to show any and all other matters related to the subject matters of this litigation. 2. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of Plaintiff, Plaintiff s attorney, insurers, or anyone else acting on behalf of the Plaintiff. 3. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question. 4. All documents prepared by Plaintiff, or by any representatives, agents or anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, 18 calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Plaintiff's behalf.) 5. All documents in the possession, custody or control of Plaintiff, Plaintiff's counsel or anyone else acting on Plaintiffs behalf, dealing in any way with the wage loss allegedly incurred and the wage loss claim. 6. If you are maintaining a claim for impairment of earning capacity, please produce copies of your Federal income tax returns for past six (6) years. 7. Please produce your W-2 (wage and tax statements) for the past six (6) years. 8. Produce copies of all trial exhibits. 9. Produce a copy of any records, notes, logs, ledgers or diaries that in any way describe your wage loss, communications or interactions between you and any servant(s), agent(s) or employee(s) of the defendant pertaining to the claims made in your Complaint. 10. Produce any and all documents that support, reflect, or prove that you were employed as a caretaker for Myrtis Travis- at any time. 11. Produce any and all documents that support, reflect, or prove that you earned $11.00 an hour while caretaking for Myrtis Travis at any time. 12. Produce any and all documents that support, reflect, or prove that you worked 40 hours a week while caretaking for Myrtis Travis at any time. 19 GRIFFITH, STRICKLER, LERMAN, Date: July /( r? , 2010 By: PA 63868 JOHN C. PORTER, ESQUIRE PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheibna,gslsc.com Jporter(@gslsc.com Attorneys for Defendant, Allstate Insurance Company 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff V. ALLSTATE INSURANCE COMPANY, Defendant NO. 2010-3081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1-4-1 day of July, 2010, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant to Plaintiff as indicated below, addressed to the party or attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: July _ / 2010 By: PA 90152 110 South Northern Way York, PA 17402-3737 Phone (717) 757-7602 Fax (717) 757-3783 Mscheib@gslsc.com Jporter( gslsc.com Attorneys for Defendant, Allstate Insurance Company 22 PA 63868 JOHN C. PORTER, ESQUIRE EXHIBIT 2 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERTA. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B.SPONAUGLE'+ 'Also Member MD Bar .LL.M (Taxation); also Member CT Bar *Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy February 17, 2011 William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info oslsc.com WEBSITE: www.oslsc.com Michael B. Scheib's EMAIL: MScheib(agslsc.com Re: Thelma Thomas v. Allstate Insurance Company Cumberland County C.C.P. No. 2010-3081 Civil Term Dear Bill: ANN MARGARET GRAB DAVID E. COOK ERICK V. VIOLAGO- JOHN C. PORTER- Please be reminded that Ms. Thomas' answers to Allstate's discovery are delinquent. We had granted a few week extension for answers while you were out of the office late last year, however those weeks and others have since passed. a LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) MICHAEL P. BIANCHINI (1939-2010) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB' THOMAS B. SPONAUGLE°+ 'Also Member MD Bar LL.M (Taxation); also Member CT Bar `Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy April 18, 2011 William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Re: Thelma Thomas v. Allstate Insurance Company Cumberland County C.C.P. No. 2010-3081 Civil Term Dear Bill: ANN MARGARET GRAB DAVID E. COOK ERICKV. VIOLAGO- JOHN C. PORTER- ROBERT D. O'BRIEN Again, please be reminded that Ms. Thomas' answers to Allstate's discovery are delinquent. The few week extension for answers granted while you were out of the office late last year has been expired for months. Please advise when we will receive responses to said discovery so that motions practice can be avoided. Very truly yours, MICHAEL B. SCHEIB 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info(a?aslsc.com WEBSITE: www.aslsc cam Michael B. Scheib's EMAIL: MScheib(aaslsc com bcc: Mr. Robert Lamb, Allstate Claim No. 0131890824 FL Ann Gould, Allstate Claim No. 0131890824 FL I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff V. ALLSTATE INSURANCE COMPANY, Defendant NO. 2010-3081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE .4 AND NOW, this ? day of 2011, I, John C. Porter, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Defendant, ALLSTATE INSURANCE COMPANY, to Compel Plaintiffs to Respond to Written Discovery, by regular mail, addressed to the attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 W. South Street POB 261 Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS ! 'P BY ( John C. Porter, ID #90152 Attorneys for Defendant, ALLSTATE INSURANCE COMPANY 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 THELMA THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION - LAW -?? -- :, . NO 10-3081 CIVIL err" ALLSTATE INSURANCE CO., - Defendant JURY TRIAL DEMANDED -v 7-:3 -n IN RE: DEFENDANT'S MOTION TO COMPEL izz ORDER . AND NOW, this / V day of June, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevin A,. /Hess. P. J. John e. Por*h , ssi- 147 P. bOD310-S.aq- PROTHONOTA C'i 2111 iUM 28 Al's 11: 31 PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff NO. 2010-3081 CIVIL TERM V. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this aC day of :YLj , 2011, I, John C. Porter, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Court's Rule to Show Cause pertaining to Motion of Defendant, ALLSTATE INSURANCE COMPANY, to Compel Plaintiffs to Respond to Written Discovery, by regular mail, addressed to the attorney of record as follows: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS BY John . Porter, ID #90152 Attorneys for Defendant, ALLSTATE INSURANCE COMPANY 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 2011 JUL 20 AM 11: 53 "UMBERL,AND COUNTY PENNSYLVANIA Griffith Strickler Lerman Solymos & Calkins By: John C. Porter, Esquire Attorney ID. 90152 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, Plaintiff NO. 2010-3081 CIVIL TERM V. ALLSTATE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MOTION TO COMPEL To: The Prothonotary Please withdraw Defendant's Motion to Compel. Plaintiff has complied, albeit untimely, with the Court's Order. Date: '?' I lot 1 11 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS By: 4nnl Porter, Esquire Attorney for Defendant Allstate Insurance Company 110 South Northern Way York, PA 17402 Telephone (717) 757-7602 Facsimile (717) 757-3783 jporter@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, NO. 2010-3081 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John C. Porter, Esquire, counsel for Defendant in this action, hereby certify that I caused to serve a true and correct copy of Defendant Allstate Insurance Company's Preaceipe to Withdraw Motion to Compel via first class U.S. Mail on this 19?h day of July, 2011 to the following: William P. Douglas, Esquire Douglas Law Office 43 W. South Street POB 261 Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS PY?'- BY JoC C. Porter, #90152 Attorney for Defendant Allstate Insurance Company 110 South Northern Way York, PA 17402 Telephone (717) 757-7602 Facsimile (717) 757-3783 jporter@gslsc.com ,• .1 ' C7 -z Ln N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THELMA THOMAS, NO. 2010-3081 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this - 2 2 A day of , 2011, it is hereby ORDERED and DECREED that Defendant's Motion to Compel is withdrawn. BY THE COURT: William P b4s '? John C . Porier- Moe