Loading...
HomeMy WebLinkAbout01-2242JAMES M. HOCKER, PLAINTIFF OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days at, er this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW'YEIL, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or bus'mess before the court. You must attend the scheduled conference or hearing. 2 JAMES M. HOCKER, PLAINTIFF OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. : COMPLAINT BREACH OF CONTRACT AND NOW, this 16th day of April 2001 comes the plaintiff, James M, Hocker, and makes the following Complaint against the defendants as follows: The plaintiff, James M. Hocker, is an adult individual residing at 60 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. The defendant, Ohio Casualty Group, and one of its subsidiaries, American Fire and Casualty Company, has its regional offices situate at 1781 Powderhom Road, Middletown, Pennsylvania 17057. Defendant, AIG Life Insurance Company, is a corporation with its offices located at 501 Cant Road, Suite 200B, Wilmington, Delaware 19809. Defendant, EPS Settlement Group, is a corporation located at 7265 Kenwood Road, Suite 315, Cincinnati, Ohio 45236. The settlement was reached on or about July 21, 2000. ARer extensive litigation, the plaintiffreached a settlement with defendant Ohio Casualty Group which required the defendant to pay to defendant AIG Life Insurance Company the sum of One Hundred Fifty Thousand and no/100 ($150,000.00) Dollars. That sum was used to obtain a structured annuity which paid the plaintiff a monthly payment of $1,524.48 per month beginning on September 10, 2000 and continuing until the plaintiff obtained his sixty-fifth (65th) birthday. A copy of correspondence is marked as Exhibit "A" and is made a part of this Complaint by reference. The defendant, Ohio Casualty Group and/or its subsidiary, American Fire and Casualty Company, on or about July 21, 2000, sent the sum of One Hundred Fifty Thousand and no/100 ($150,000.00) Dollars to EPS Settlement Group or AIG Life Insurance Company. These funds were to be used to begin the structured annuity payments to the plaintiff on September 10, 2000. A copy of the Settlement Proposal is attached hereto and is marked as Exhibit "B" and is made a part of this Complaint by reference. Despite assurances to the plaintiffby defendants that the payment Ohio Casualty Group and American Fire and Casualty Company had been made, the plaintiff discovered that no such payment had been received by AIG Life Insurance Company until after October 2000. The 4 plaintiff did not receive annuity payments from AIG Life Insurance Company until ailer November 3, 2000. The defendants indirectly or collectively breached their duty to properly proceed with the implementations of the settlement as agreed to by the pan'ies. Pla'mtiff seeks damages from the defendants for his lost income, interest, and reasonable legal fees. WHEREFORE, the pla'mtiff requests judgment against the defendants in the mount which is less than Twenty-Five Thousand and no/100 ($25,000.00) Dollars with costs and interest as permitted by law. Date: April 16, 2001 By: Respectfully submitted, IRWIN, M~tNIGHT & HUGHES Marcu~A. McKni~~ '~Fll If l~uire 60 Wegt Pomfret Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff, James M. Hocker 5 EXHIBIT A LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET. COM July 21, 2000 Via Facsimile and Regular Mail Glen Cameron, Litigation Specialist Ohio Casualty P. O. Box 249 Middletown, PA 17057 [IL[ COPY Re: James M. Hocker v. Harrisburg Airport Partnership & PCM Inc. Dear Mr. Cameron: This letter will confirm that we have settled this case. The total settlement is Three Hundred Twenty Thousand and no/100 ($320,000.00) Dollars with One Hundred Seventy Thousand and no/100 ($170,000.00) Dollars in a lump sum and One Hundred Fifty. Thousand and no/100 (S150,000.00) in a structured settlement. ' We will contact Superior Court to settle this case. Please send me the appropriate release together with the other documents required to resolve this case. Very truly yours, MAM/mln cc: Mr. James Hocker Gregory S. Hirtzel, Esq. David A. Fitzsimons, Esq. IRWIN, ly~cKNIGHT]& HUGHES LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B, IRWIN REBECC.4 R. HUGHES DOUGL4S G, MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET. COM IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-) July 27, 2000 Via Facsimile and Overnight Mail CLOPS) Glenn D. Cameron, AIC, Litigation Specialist Ohio Casualty Group 1781 Powderhom Road Middletown, PA 17057 FILl Re'. James M. Hocker v. Harrisburg Airport Partnership and P.C.M. Construction, Inc. Dear Mr. Cameron: I have enclosed the following information regarding the final settlement of this case: 1, A copy of my correspondence to EPS Settlement Group; 2. The original General Release executed by Mr. James M. Hocker; and 3. The executed OCG Secure Customer Authorization Form. As I indicated to you by telephone, Mr. Hocker has serious misgiving regarding the OCG Secure Program. Based on our discussions, however, a traditional check would take much longer to process than the OCG Secure Program. Please process the information necessary to complete this settlement as soon as possible. Very truly yours, MAM/mln Encl. cc: Mr. James M. Hocker Gregory S. Hirtzell, Esq. ** " LA W OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIH M.4 RCUS A. McKNIGH~ IH JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249.6354 E-MAIL: IMHLAW@SUPERNET, COM August 7, 2000 TARA E. WEITZ, REGIONAL OFFICE MANAGER EPS SETTLEMENT GROUP 7265 KENWOOD ROAD, SUITE 315 CINCINNATI, OHIO 45236 FILE COPY RE: CLAIMANT: INSURED: CLAIM NO.: DATE OF LOSS: JAMES M. HOCKER R & R PLASTER AND DRYWALL NC4GF91-304839W SEPTEMBER 27, 1988 Dear Ms. Weitz: I have enclosed a copy of the following items required by your office in order to conclude this setllemem: 1. A copy of the Release; 2. The residence for Mr. James M. Hocker: 60 Mountain View Terrance Newville, PA 17241; 3. A completed EFT Authorization form and a cancelled check; 4, The beneficiary designation which is: Ms. Palricia May Reed 23 North High Sweet Newville, PA 17241 (717) 776-7825; DOB: 03-31-1946 SSN: 184-38-1837; and 5. Birth Certificate of James M. Hocker. Please contact me mediately if you require any additional information. Thank you for your cooperation. MAM:sls Enclosures ce: Mr. James M. Hocker Very truly yours, POST ~, SCHELL, P.C, A'~'ORNEYS AT LAW 1857 WILLIAM PENN WAY P,O. BOX 10248 LANCASTER, PA I 7~05-0248 CAMP HILL, PA 1701I July 25, 2000 Marcus A. McKnight, III, Esquire IRWIN, IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013 RE: Hocker v. P.C.M. Construction, Inc., et al. Ui_ _f c 2000 Dear Mr. McKnight: Pursuant to Mr. Cameron's letter to you of July 21, 2000, enclosed please find a General Release to be executed by Mr. Hocker. I understand that Mr. Hocker will be entering into a separate contract pertaining to the monies being utilized to fund a structured settlement. Kindly forward the executed and notarized General Release to my attention, whereupon Mr. Cameron shall forward to you your client's settlement checkbook pursuant to the OCG Secure Program. Once you are in receipt of that checkbook, I ask that you kindly file praecipes to discontinue this action in both the Court of Common Pleas and the Superior Court. Please call me, if you have any questions. GSH:gfc Enclosure David A. Fitzsimons, Esquire (w/encl.) Mr. Glenn Cameron, Ohio Casualty Group (w/encl.) (Claim No. GFL 91-30-48-39 W) EXHIBIT B SENT BY:EPS 5EIq~E\T$ ; ,-~4- 0 : 15:28 ; UPS 5ETTLL'~EXI$~ 7t7 ~4~ Ckq54,. t,' 5 SETYLEMENT PROPOSAL For JAMES HOCKER Date of Birth: June 14, 1947 Normal Life Expectancy: 2S Years TOTAL SE'[TLEMENT PACKAGE UP FRONT CASH 5170,000 ANNUITY COST Cash Benefit Mon{{hlv Beaelit $1,699 per mont~, guaranteed 10 years, beginning one month from purch~e date, Proposal 3 Guaranteed Cost Benefit g170,000 $170,000 $150,000 $203,880 TOTAL Proposal 4 Guarxateed Cost B~aetit Cask Benefit $170,000 $170,000 Monthly BeuMit $1,524 p~r month, guarant~ until age 65 $150,000 $216,408 beginning on~ month from purchas~ date. TOTAL S~20,000 S386,408 These quote~ are from AIG Life Insurance Company, rated A~4 by the A.M. Be~t Company. Their :~aig~ee is American Home A~arance Company. 07/24/00 16:56 TX/RX N0.0842 P.004 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. M. HOCKER D~e:~lq~ lb ,2001 JAMES M. HOCKER, : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ~ : No.: 01-2242 Civil OHIO CASUALTY GROUP, AMERICAN: CIVIL ACTION - LAW FIRE AND CASUALTY COMPANY, : AIG LIFE iNSURANCE COMPANY, : and EPS SETTLEMENT GROUP, : JURY TRIAL DEMANDED Defendants : 1. Defendants, Ohio Casualty Group and American Fire and Casualty Company, move this Honorable Court to dismiss Plaintiff's Complaint and award attorney fees and costs of this litigation against Plaintiffs. 2. Plaintiffs' action arises out of a Settlement Agreement. 3. Plaintiffs agreed to settle this case in the amount of $320,000, with $170,000 being paid to Plaintiff and $150,000 being in the form of a structured settlement. 4. Plaintiff complains that he did not get the first two payments of the structured settlement in a timely manner. 5. However, Plaintiff's Complaint specifically states that Defendants, Ohio Casualty Group and American Fire and Casualty Company, made the payment to the structured settlement company as it agreed. (Plaintiff's Complaint, ~16). 6. Plaintiff fails to state any cause of action or claim against Ohio Casualty Group and American Fire and Casualty Company, as they performed all duties as set forth in their agreement. 7. Plaintiff's action is obdurate, vexatious and in bad faith and thus entitles Defendants to the award of attorney fees as set forth in 42 Pa.C.S.A. §2503. WHEREFORE, Defendants, Ohio Casualty Group and American Fire and Casualty Company, request this Honorable Court to dismiss Plaintiff's Complaint for failure to state a cause of action and to award attorney fees, costs and other expenses of litigation against Plaintiff pursuant to 42 Pa.C.S.A. §2503. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~)~glo~rth .FrMc r. ta~St~ ;;t squire Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Date: May 10, 2001 :131289.1 AND NOW, this 10th day of May, 2001, I hereby certify that 1 sent a tree and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, II1, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff AIG Life Insurance Company 501 Can' Road, Suite 200B Wilmington, DE 19809 EPS Settlement Group 7265 Kenwood Road, Suite 315 Cincinnati, OH 45236 THOMAS, THO~IA~LLP Douffs~gB. M~tlrcello, Esquire :131264.1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. JAMES M. HOCKER, Plaintiff OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP, Defendants No, 01-2242 Civil State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants, Ohio Casualty Group and American Fire and Casualty Company's Preliminary Objections to Plaintiffs Complaint 2. Identify counsel who will argue case: (a) For Plaintiff: Address: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Defendants: Douglas B. Marcello, Esquire (Ohio Casualty Group and American Fire and Casualty Company) Address: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 argument. Dated: I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: July?~2001 D]b~fglas B. Marcello, Esquire Attorney for Defendants Ohio Casualty Group and American Fire and Casualty Company JAMES M. HOCKER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V~ No.: 01-2242 Civil OHIO CASUALTY GROUP, AMERICAN: CIVIL ACTION - LAW FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP, Defendants TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Ohio Casualty Group and American Fire and Casualty Company, in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 305 Jif/of'th Front Street Pos[Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Date: May 9, 2001 :131262.1 AND NOW, this 9th day of May, 2001, I hereby certify that I sent a m~e and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff AIG Life Insurance Company 501 Can' Road, Suite 200B Wilmington, DE 19809 EPS Settlement Group 7265 Kenwood Road, Suite 315 Cincinnati, OH 45236 By: THOM/J~,, THOMAS & HAFER, LLP D~glas B. Marcello, Esquire :131264.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOCKER, Plaintiff VS. OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE iNSURANCE COMPANY, and EPS SETTLEMENT GROUP, Defendants Civil Action - Law No. 01-2242 JURY TRIAL OF TWELVE DEMANDED PRAEC1PE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A~ Lerman, Esquire, of Griffith, Strickler, Leman, Solymos & Calkins, as attorneys for the EPS SETTLEMENT GROUP, Defendant, in the above- captioned matter and mark the docket accordingly. Defendant, EPS SETTLEMENT GROUP, hereby demands a twelve (12) juror jury trial in the above-captioned action. Date: Robert A. Lermanv ! Attorney for the Defendant, EPS Settlement Group 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. HOCKER, Plaintiff VS. OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP, Defendants Civil Action - Law No. 01-2242 JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of /,~ _, 2001, I, Robert A. Lerman, a member of the finn of GRIFFITH, STRICKLER, LE~, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance as indicated below, addressed to the party or attorney of record as follows: Marcus A. McKnight, Ill, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 (counsel for Plaintiff) AIG Life Insurance Company 501 Cart Road Suite 200B Wilmington, DE 19809 Ohio Casualty Group American Fire and Casualt~ Company 1781 Powderhorn Road Middletown, PA 17057 United States First-Class mail facsimile transmission personal delivery commercial overnight delivery GRIFFITH,~CKLER, LERMAN, Supreme Court ID No. 07490 Attorney for Defendant, EPS Settlement Group 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 acc/eps.prp.z SHERIFF'S RETURN - CASE NO: 2001-02242 P COMMON-~EALTH OF PENNSYLVANIA COUNTY OF CUMB~.RLAND HOCKER JAMES M VS. OHIO CASUALTY GROUP ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,AIG LIFE INSURANCE COMPANY by United States Certified Mail postage prepaid, on the 18th day of April ,2001 at 0008:00 HOURS, at 501 CARR ROAD WILMINGTON, DE 19809 and attested copy of with the SUITE 200B Sheriff attached COMPLAINT & NOTICE receipt card was signed by SIGNATURE ILLEGIBLE 04/24/2001 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing 6.00 CERT MAIL 5.68 Affidavit .00 Surcharge 10.00 .00 21.68 Paid by IRWIN, MCKNIGHT & HUGHES Sworn and subscribed to before me this ~day of ~ .2~50/ A.D. honorary SO aI/swe3~- ~7 ~- ~.5~~ Sheriff of Cumberland County on o5/16/2ool SHERIFF'S RETURN - U.S. CASE NO: 2001-02242 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOCKER JAMES M VS. OHIO CASUALTY GROUP ET AL CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT ,EPS SETTLEMENT GROUP , by United States Certified Mail prepaid, on the 18th day of April ,2001 at 0008:00 HOURS, 7265 KENWOOD ROAD STE 315 CINCINNATTI, OH 45236 Sheriff and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by CHERYL M. 04/20/2001 Additional Comments: , Sheriff of Cumberland who being duly sworn according to law served the postage at , a true Together The returned CAVENDISH on Sheriff's Costs: Docketing 6.00 CERT MAIL 5.68 Affidavit .00 Surcharge 10.00 .00 21.68 Paid by IRWIN, MCRNIGHT & HUGHES Sworn and subscribed to before me this ~3day of ~ .~j A.D. onotary ' ' 'R. Thomas Kl%ne Sheriff of Cumberland County on 05/16/2001 SHERIFF'S RETURN - CASE NO: 2001-02242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOCKER JAMES M VS OHIO CASUALTY GROUP ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT OHIO CASUALTY GROUP but was unable to locate Them deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 16th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 35.25 .00 72.25 05/~s/200~ IRWIN, Sheriff of Cumberland County MCKNIGHT & HUGHES Sworn and subscribed to before me this ~ day of .~t~ ProtMonotar~ ' SHERIFF'S RETURN - CASE NO: 2001-02242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOCKER JAMES M VS OHIO CASUALTY GROUP ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: AMERICAN FIRE & CASUALTY CO but was unable to locate Them deputized the sheriff of DAUPHIN serve Sheriff or Deputy Sheriff who being search and in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 16th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 0S/iS/2001 IRWIN, Sheriff of Cumberland County MCKNIGHT & HUGES Sworn and subscribed to before me this P~ day of~.~ ~2~I A.D. '~ ' Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Handsburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: May 3, 2001 NOTICE & COMPLAINT IN CIVIL ACTION AMERICAN FIRE & CASUALTY CO to GLENN COX, PERSON IN CHARGE : HOCKER JAMES M vs : AMERICAN FIRE & CASUALTY CO Sheriff's Return No. 1223-T - -2001 OTHER COUNTY NO. 01-2242 at 10:05AM served the within upon by personally handing 1 true a~tested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 1781 POWDERHORN RD. MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 9TH day of MAY, 2001 PROTHONOTARY So Answers, Sheriff of Dau~in County, Pa. Deputy'lhi~ff Sheriff's Costs: $35.25 PD 05/03/2001 RCPT NO 149414 MART I N Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AiJD NOW: May 3, 2001 NOTICE & COMPLAINT IN CIVIL ACTION OHIO CASUALTY GROUP to GLENN COX, PERSON IN CHARGE : HOCKER JAMES M vs : AMERICAN FIRE & CASUALTY CO Sheriff's Return No. 1223-T - - -2001 OTHER COUNTY NO. 01-2242 at 10:05AM served the within upon by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 1781 POWDERHORN ROAD MIDDLETOWN, PA 17057-0000 Sworn and subscribed to before me this 9TH day of MAY, 2001 PROTHONOTARY So Answers, Sheffiff of Dauphin County, Pa. Deputy Sheriff Sheriff's Costs: $35.25 PD 05/03/2001 RCPT NO 149414 MARTIN tn The ~ Lour~ of Common Pleas of Cumberland County, Pennsylvania James M. Hocker Ohio Casualty GroUp, et. al. Serve: OhSo Casualty Group HO. 2001-2242 Civil ~NOW, 4/].8/01 hereby deputize the Sheriff of deputation being made at the request and risk of thc Plaintiff. ,20 O t~, I, SHERIFF OF CUMBERLAN-D COU2qT~f, PA, do DauphJ n County to execute this Writ, this Sheriff of Cumberland Count-y, PA within upon by braiding to ~nd made la2own to Affidaxdt of Service ,20 , at o'clock cop3' of the original served the the contents thereof. Sworn and subscribed before me ~his __ day of ,20 Sheriffof COSTS MiLEAGE A_FFIDAVIT County, PA ~n The Cour; of Common Pleas of Cumberland Caunty, Pennsylvania James ~. Hocker Ohio Casualty Group, et. al. Serve: American Fire & Casualty $0, 2001-2242 Civil Company Now, 4 / 18 / 01 ,20 O ~, I, SHERIFF OF CLTM~E~ COLVNT'¥, PA, do hereby deputize the Sheriffof Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within ,20 , at o'clock . M. served the llpoi1 at by handing to and made known to copy of the original gO anSWerS~ the contents Lt~er¢of. Sworn and subscribed before me tSfis _ day of ,2O Sheriff of County, PA COSTS SERVICE MrLEAGE AFFrDAVIT ? X 0 JAMES M. HOCKER, PLAINTIFF OHIO CASUALTY GROUP, AMERICAN FIRE AND CASUALTY COMPANY, AIG LIFE INSURANCE COMPANY, and EPS SETTLEMENT GROUP, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2242 CIVIL TERM .. CIVIL ACTION - LAW .. .. .. _. PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, HI, Esquire, at 60 West Pomfret Slxeet, Carlisle, Pennsylvania 17013. Date: By: Respectfully submitted, IRWIN, MeKNIGHT & HUGHES 60 West Pomfret ~ ') Carlisle, Pennsylvania 170F3~ (717) 249-2353