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Home My WebLink About12-2136SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY a/s/o RANDY ROBERTSON P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 r Attorney for Plaintiff 4i < 7? c : _ r COURT OF COMMON PLEAS CUMBERLAND COUNTY V. YRC, INC. 780 W. Birchwood Street Morton, IL 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 NO: /,A - ()/3(0 010 1 -7-,r-M CIVIL ACTION 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 (20) days after the 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 judgmentmaybe 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 'CAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court of Common Pleas Cumberland County I Court House Square Carlisle, Pennsylvania 17013 717-240-6200 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court of Common Pleas Cumberland County' Am/ 1 Court House Square Carlisle, Pennsylvania 17013 C BJ?t 717-240-6200 .•7335? SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 Attorney for Plaintiff 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY: COURT OF COMMON PLEAS a/ s/ o RANDY ROBERTSON CUMBERLAND COUNTY P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 V. YRC, INC. NO: 780 W. Birchwood Street Morton, IL 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 CIVIL ACTION COMPLAINT 1. Plaintiff is an insurance company authorized to write policies of insurance in the Commonwealth of Pennsylvania with an office at the above-stated address. 2. Defendant, YRC, Inc., (hereinafter referred to as "YRC") is a corporation with an office at the above stated address. 3. Defendant, Danny L. Ayers, (hereinafter referred to as "Ayers") is an individual residing at the above-stated address. 4. At all times relevant hereto, the Plaintiff provided automobile insurance for its insured, Randy Robertson. 5. On or about January 6, 2012, Plaintiff's insured was traveling west on Carlisle Pike, Mechanicsburg, Pennsylvania, in the left lane when at or near 5103 Carlisle Pike, the Defendant, YRC by and through its agent, servant, workman and/ or employee, Ayers, did so negligently and carelessly operate a vehicle in the right lane on Carlisle Pike and turned into Plaintiff's insured's lane striking Plaintiff's insured's vehicle and causing the damages set forth more fully hereinafter. 6. The negligence and carelessness of Defendant YRC, by and through its agent, servant, workman and/or employee, Ayers and the negligence of Ayers in his own right consisted of the following: (a) Operating a motor vehicle without due regard for the rights, safety and position of the Plaintiff's insured herein; (b) Driving at an excessive rate of speed under the circumstances; (c) Failing to keep a proper lookout; (d) Failing to keep his motor vehicle under proper and adequate control under the circumstances; (e) Exhibiting a reckless and wanton disregard for the rights and safety of the Plaintiff's insured herein; (f) Violating the various ordinances and statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles under the circumstances; and (g) The Defendant was negligent and careless in many other respects, as will be shown in the hearing on this matter. 7. As a result of the aforesaid negligence and carelessness, Plaintiff's insured's vehicle sustained damages as evidenced by a true and correct copy of estimates attached hereto, made part hereof and referred to as Exhibit "A". 8. As a result of the aforesaid negligence and carelessness, Plaintiff's insured was required to rent a replacement vehicle as evidenced by a true and correct copy of invoice attached hereto, made part hereof and referred to as Exhibit "B". 9. In accordance with the terms of its insurance policy, Plaintiff paid its insured, including the insured's deductible, the sum of $3,229.70. 10. As a result of the aforesaid payment, Plaintiff is subrogated to all right, title and interest in and to its insured's claim. WHEREFORE, Plaintiff, Encompass Insurance Company a/ s/ o Randy Robertson, demands judgment against Defendants, YRC, Inc. and Danny L. Ayers, individually, jointly and severally, in the sum of Three Thousand Two Hundred Twenty-Nine Dollars and Seventy Cents ($3,229.70) together with interest from January 6, 2012 and cost of suit. SANDLER & MARCHESINI, P.C. iaejox-_??? PAUL N. SANDLER, ESQUIRE VERIFICATION L'?Ai.^f.?I, as 5 A a ?. c (name) (capacity) of t = /? C 1 x4 and as such being duly authorized to take this Verification on behalf of 19,19 rf do hereby verify that the (corporation) statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Exhibit "A" ENCOMPASS INSURANCE MID-ATLANTIC CLAIMS REGION P O BOX 16203 READING, PA 19612-6203 TELEPHONE: 1-800-936-4203 FOR SUPPLEMENT REQUESTS CALL (610) 401-2382 OR FAX FORM T0: (866) 352-7031 I ' ** SUPPLEMENT 1 *** 01/09/2012 10:10 AM S1 02/22/2012 09:37 AM Owner Owner: Randy Robertson Address: 2101 Mayfred Lane City State Zip: Camp Hill, PA 17011 Home/Day: (717)737-7449 Home/Evening: (717)315-1540 Work/Day: (717)730-9028 Control Information I Claim # : Z0194406 LW-011 Loss Date/Time: 01106/2012 Deductible: $250.00 Insured: Randy Robertson Address: 2101 Mayfred Lane City State Zip: Camp Hill, PA 17011 Claim Rep: DEB WINTERHALTER Address: Insured Policy # : US 212642590 Loss Type: Collision Home/Day: (717)737-7449 Home/Evening: (717)315-1540 Work/Day: (717)730-9028 Work/Day: (610)401-2352 Inspection _ Inspection Date: Inspection Location: Address: City State Zip: Primary Impact: Driveable: 01/09/2012 09:47 AM RESIDENCE 2101 Mayfred La Camp Hill, PA Right Front Side No Inspection Type: Field Contact: Work/Day: FAX: Secondary Impact: Unknown Rental Assisted: Assigned Date/Time: Company: Contact: Address: RUSSELLLEARN City State Zip: PA Orig Appraiser Name: RUSSELL LEARN Address: City State Zip: PA Received Date/Time: 01/09/2012 09:46 AM Appraiser License # : PA 178916 Work/Day: (717)495-3149 FAX: (877)296-0948 FAX: Appraiser License #: PA 178916 Work/Day: (717)495-3149 FAX: Repairer W Repairer: HOFFMAN FORD Contact: RON Address: 5200 JONESTOWN RD Work/Day: (717)657-1600 City State Zip: HARRISBURG, PA 17112 FAX: (717)657-8249 Email: ron.mccreary@hoffmanford.com Target Complete Date/Time: Days To Repair: 4 02122/2012 09:44 AM Page 1 of 7 2002 Nissan Xterra SE 4 DR Wagon 01109/2012 10:10 AM Claim # : Z0194406 LW-011 02/22/2012 09:37 AM Remarks ESTIMATE REVIEWED WITH VEHICLE OWNER, COPY TO OWNER ESTIMATE REVIEWED WITH BODY SHOP, COPY TO SHOP APPEARANCE ALLOWANCE EXPLAINED TO AND AGREED TO BY VEHICLE OWNER SHOP TO BE PAID FOR SUPPLEMENT Vehicle 2002 Nissan Xterra SE 4 DR Wagon 6cyl Supercharged 3.3 4 Speed Automatic Lic.Plate: EME9490 Lic Expire: Prod Date: 12/2001 Veh Insp# : Condition: Good Ext. Color: SUPER BLACK Ext. Refinish: Two-Stage Ext. Paint Code: KH3 Options Lic State: PA VIN: 5N 1 MD28Y72C539045 Mileage: 53,419 Mileage Type: Actual Code: Z7203B Int. Color: Int. Refinish: Int. Trim Code: 4-Wheel Drive AM/FM In-dash CD Changer Air Conditioning Alarm System Aluminum/Alloy Wheels Anti-lock Brakes Auto Locking Hubs (4WD) Automatic Trans Center Console Cruise Control Dual Airbags Floor Mats Fog Lights Intermittent Wipers Keyless Entry System Leather Steering Wheel Limited Slp Differential Mud/Splash Guards Power Brakes Power Door Locks Power Mirrors Power Steering Power Windows Privacy Glass Rear Window Defroster Rear Window Wiper/Washer Roof/Luggage Rack Side Steps Skid Plates Strg Wheel Radio Control Tachometer Tilt Steering Wheel Tinted Glass Velour/Cloth Seats Damages Line Op Guide MC Description MFR.Part No. Price ADJ% B% Hours R Front Bumper 1 E 5 Bumper,Front 620307Z800 2 E 87 C:over,Front Bumper F20227Z840 3 1021 Clip,Frt Bumper COMPETITIVE PART >> 1-800-LET-NAPA/ LOCAL V ENDOR 4 E 40 Defl,Front Bumper Lwr 620647Z810 5 E 54 Defl,Front Bumper Lwr RT 620247Z840 6 E 94 Shim,Front Bumper RT 620682S41A 7 E 92 Brkt,Front Bumper Mtg RT 620463S500 8 E 135 Brkt,Front Bumper Mtg RT 622707Z800 9 E 521 Brkt,Front Bumper Mtg RT 620483S535 $196.77 -5.00 2.6 SM $290.43 -5.00 INC SM INC SM $244.98 -5.00 INC SM $23.85 -5.00 INC SM $7.48 -5.00 INC SM $13.53 -5.00 INC SM $7.46 -5.00 INC SM $3.48 -5.00 INC SM Front End Panel And Lamps 10 1 42 Headlamp Assy, Halogen RT Repair >> CLEAN AND TOUCH UP PAINTED EDGE. APPEARANCE ALLOWANCE APPLIES 11 AA 42 Headlamp Assy,Halogen RT Appearance Allowance $50.00* >> APPEARANCE ALLOWANCE EXPLAINED TO AND AGREED TO BY VEHICLE OWNER 12 RI 42 Headlamp Assy, Halogen RT R & I Assembly 02/22/2012 09:44 AM 0.3* SM SM 0.3 SM Page 2 of 7 2002 Nissan Xterra SE 4 DR Wagon Claim # : Z0194406 LW-011 01/09/2012 10:10 AM 02/22/2012 09:37 AM 13 OE 98 Lamp,Side Marker RT Replace PXN OE Srpls $33.74 INC SM 14 EC 120 Bulb,Side Marker RT COMPETITIVE PART $2.00* INC SM » 1-800-LET-NAPA/ LOCAL VENDOR 15 E 122 Socket,Frt Sd Marker RT 262507Z800 $12.97 -5.00 INC SM 16 SB 122 Socket,Frt Sd Marker RT Sublet Repair $2.00* 0.3* SM REPAIR WIRING 17 OE 258 Lamp Assembly,Fog RT Replace PXN OE Srpls $83.67 INC SM 18 260 Bulb,Front Fog Lamp RT Replace OEM INC -5.00 SM Radiator S upport 19 1 76 Panel,Radiator Side RT Repair 2.0* SM 20 L 76 Panel,Radiator Side RT Refinish 0.5 RF 0.5 Surface 21 RI 153 Seal,Rad Mounting Pnl R & I Assembly 0.2 SM >> RUBBER SHIELD Front Body And Winds hield 22 E 104 Fender,Front RT F31127ZO31 $287.95 -5.00 1.4 SM 23 L 104 13 Fender,Front RT Refinish 4.0 RF 2.4 Surface 0.5 Edge 0.6 Two-stage setup 0.5 Two-stage 24 E 112 Guard,Fender Mud RT 638507Z800 $40.58 -5.00 INC SM 25 E 114 Flare,Wheel Opening RT 638107Z400 $26.53 -5.00 INC SM 26 E 62 Brkt,Front Fender RT 631407Z830 $8.28 -5.00 INC SM Front Body Interior She etmetal 27 E 108 Skirt,lnner Fender RT 638407Z000 $74.50 -5.00 0.3 SM 28 EC 1243 Retainer,Front Fender RT COMPETITIVE PART $6.00* SM >> 1-800-LET-NAPA/ LOCAL VENDOR Wheels 29 1 924 Wheel,Front RT Repair 0.5* SM >> CLEAN AND POLISH ONLY. APPEARANCE ALLOWANCE APPLIES 30 AA 924 Wheel,Front RT Appearance Allowance $100.00• SM » APPEARANCE ALLOWANCE EXPLAINED TO AND AGREED TO BY VEHICLE OWNER 31 RI 924 Front Wheel R & I RT R & I Assembly INC SM Steerina 32 E 708 46 Tie Rod Assembly,Frt RT D851 OVK90A $156.77 -5.00 0.5 ME >> OWNER REQUEST OE PARTS Manual Entries 33 SB CORROSION PROTECTION Sublet Repair $5.00* 0.3* SM 34 SB BALANCE TIRE Sublet Repair $15.00* SM 35 SB 4 WHEEL ALIGNMENT Sublet Repair $79.95* SM 36 EC HAZARDOUS WASTE REMOVAL COMPETITIVE PART $3.00* SM 37 EC STRIPE TAPE COMPETITIVE PART $12.95* 0.3* SM 38 EC SAFARI SIGNATURE RF COMPETITIVE PART $180.00* S1 SM >> KELLY 265/65R17 357602296 0 12 110S >> DEALER SUPPLIED 38 Items MC Message 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE 46 PRINTABLE ALTERNATE PARTS COMPARE Estimate Total & Entries Gross Parts $1,395.56 OE Surplus Parts $117.41 02/22/2012 09:44 AM Page 3 of 7 2002 Nissan Xterra SE 4 DR Wagon Claim # : Z0194406 LW-011 01/09/201210:10 AM 02/22/2012 09:37 AM Other Parts $203.95 Paint Materials $103.50 Line Item Discount $69.78- Parts & Material Total Tax on Parts & Material @ 6.000% Labor Rate Replace Repair Hrs Total Hrs Hrs Sheet Metal (SM) $45.00 5.1 3.4 8.5 $382.50 Mech/Elec (ME) $45.00 0.5 0.5 $22.50 Frame (FR) $45.00 Refinish (RF) $45.00 4.5 4.5 $202.50 Paint Materials $23.00 Labor Total 13.5 Hours Tax on Labor @ 6.000% Sublet Repairs Tax on Sublet @ 6.000% Towing Gross Total Less: Deductible Add: Appearance Allowance Net Total Actual Supplement Total $190.80 Less: Previous Net Total Net Supplement Total Customer Owes Alternate Parts Y/00/00/00/00/00 CUM 01/00/00/01/01 Zip Code: 17701 NE HBG NORTH 2ND 2/11 Audatex Estimating 6.0.626 S1 02/22/2012 09:44 AM REL 6.0.626 DT 02101/2012 DB 02/15/2012 Copyright (C) 2011 Audatex North America, Inc. $1,750.64 $105.04 $607.50 $36.45 $101.95 $6.12 $100.00 $2,707.70 $250.00- $150.00 $2,607.70 $2,416.90- $190.80 $100.00 1.1 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. THIS IS NOT AN AUTHORIZATION TO REPAIR. THIS APPRAISER IS BASED ON THE DAMAGES INSPECTED BY THE APPRAISER. NO SUPPLEMENTS FOR ADDITIONAL DAMAGES, PARTS, LABOR OR RATE CHANGES WILL BE CONSIDERED WITHOUT APPROVAL PRIOR TO COMPLETION OF ANY SUPPLEMENTAL REPAIRS. IMPORTANT INFORMATION ABOUT ENCOMPASS' CHOICE OF PARTS POLICY . THIS ESTIMATE MAY LIST PARTS FOR USE IN THE REPAIR OF YOUR VEHICLE THAT ARE MANUFACTURED BY A COMPANY OTHER THAN THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. THESE PARTS ARE COMMONLY REFERRED TO AS AFTERMARKET PARTS OR COMPETITIVE PARTS, AND WOULD BE DESIGNATED ON THIS ESTIMATE AS "A/M." SUCH PARTS MAY INCLUDE COSMETIC OUTER BODY CRASH PARTS SUCH AS HOODS, FENDERS, BUMPER COVERS, ETC. ENCOMPASS GUARANTEES THE FIT AND CORROSION RESISTANCE OF ANY AFTERMARKET/COMPETITIVE OUTER BODY CRASH PARTS THAT ARE LISTED ON THIS ESTIMATE AND ACTUALLY USED IN THE REPAIR OF YOUR VEHICLE FOR AS LONG AS YOU OWN IT. IF A PROBLEM DEVELOPS WITH THE FIT OR CORROSION RESISTANCE OF THESE PARTS, THEY WILL BE REPAIRED OR REPLACED AT ENCOMPASS' EXPENSE. THIS GUARANTEE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PART. 02/2212012 09:44 AM Page 4 of 7 2002 Nissan Xterra SE 4 DR Wagon Claim # : Z0194406 LW-011 01/09/201210:10 AM 02/22/2012 09:37 AM HOWEVER, IF YOU CHOOSE NOT TO USE ONE OR MORE OF THE AFTERMARKET/COMPETITIVE OUTER BODY CRASH PARTS THAT MAY BE LISTED ON THIS ESTIMATE IN THE REPAIR OF YOUR VEHICLE, ENCOMPASS WILL SPECIFY THE USE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER NEW OR RECYCLED AT NO ADDITIONAL COST TO YOU. GUARANTEES FROM THE ORIGINAL MANUFACTURER MAY APPLY TO SUCH PARTS; HOWEVER, ENCOMPASS DOES NOT SEPARATELY GUARANTEE THEM. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT MANUFACTUTER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE DEPRECIATION, BATTERY AND THE REPLACEMENT ARE NOTED WHEN APPLICABLE. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIMS CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. AFTERMARKET CRASH PARTS ARE IDENTIFIED IN THIS ESTIMATE WITH THE SYMBOL "EC", rrEP'r (COMPETITIVE PART) AND "EUr' (RECYCLED PART). AN "AFTERMARKET CRASH PART" IS A NON-ORIGINAL MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. NEW, ORIGINAL EQUIPMENT MANUFACTURER, REPLACEMENT PARTS ARE IDENTIFIED BY THE LETTER "E" AND CAN BE LOCATED AT THE ORIGINAL EQUIPMENT MANUFACTURER PARTS DEALER. Op Codes . = User-Entered Value EC = COMPETITIVE PART ET = Partial Replace Labor TE = Partial Replace Price L = Refinish TT = Two-Tone BR = Blend Refinish CG= Chipguard AA = Appearance Allowance E = Replace OEM OE = Replace PXN OE Srpls EP = COMPETITIVE PART PM = Replace PXN Reman/Reblt PC = Replace PXN Reconditioned SB = Sublet Repair I = Repair RI = R & I Assembly RP = Related Prior Damage NG = Replace NAGS UE = Replace OE Surplus EU = RECYCLED PART UM= Replace Reman/Rebuilt UC = Replace Reconditioned N = Additional Labor IT = Partial Repair P = Check 02/2212012 09:44 AM Page 5 of 7 2002 Nissan Xterra SE 4 DR Wagon Claim #: Z0194406 LW-011 01/09/201210:10 AM 02122/2012 09:37 AM This report contains proprietary information of Audatex and may not be disclosed to any third party (other than #Ooo" the insured, claimant and others on a need to know basis in order to effectuate the claims process) without A Uda toV Audatex's prior written consent. a Solera company Copyright (C) 2011 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. 02122/2012 09:44 AM - Page 6 of 7 2002 Nissan Xterra SE 4 OR Wagon Claim # : Z0194406 LW-011 01/09/201210:10 AM 02/22/2012 09:37 AM Estimate Summary Page Gross Total $2,707.70 Less: Deductible $250.00- Add: Appearance Allowance $150.00 Net Total $2,607.70 Actual Supplement Total $190.80 Less: Previous Net Total $2,416.90- Net Supplement Total $190.80 Customer Owes $100.00 Audatex Estimating 6.0.626 S1 02/22/2012 09:44 AM REL 6.0.626 DT 02/01/2012 DB 02/15/2012 Copyright (C) 2011 Audatex North America, Inc. * _ENCOMPASS INSURANCE SUPPLEMENT REQUEST FAX THIS FORM TO (866) 352-7031 ****************************************************************************** IN ORDER TO EXPEDITE GETTING THE SUPPLEMENT ASSIGNED AND INSPECTED, PLEASE COMPLETE ALL INFORMATION THOROUGHLY AND FAX ONLY THIS FORM TO THE ABOVE NUMBER. THIS IS NOT AN AUTHORIZATION TO PROCEED. ONE OF OUR TECHNICIANS WILL CONTACT YOU. ALL SUPPLEMENTS NEED PRIOR APPROVAL. CALL (610) 401-2382 SHOP NAME: SHOP CONTACT NAME: SHOP ADDRESS: SHOP CITY: SHOP ZIP CODE: SHOP PHONE NUMBER: ( ) SHOP FAX NUMBER: CLAIM NUMBER: CUSTOMER'S NAME: TYPE OF VEHICLE: ESTIMATED AMOUNT OF SUPPLEMENT: IS VEHICLE AT SHOP? Y N IS VEHICLE TORN DOWN? Y N SUPPLEMENT ITEMS BEING REQUESTED: 02122/2012 09:44 AM Page 7 of 7 Exhibit "B" A 641AIM Encompass Rental Company: ENTERPRISE RENT-A-CAR Invoice: D600861-5708 Bill To: ENC57RD ENCOMPASS INS ATTN: SANDRA DOLL PO BOX 16203 READING, PA 19612 RENTER INFORMATION: Renter: ROBERTSON, RANDALL RENTAL INFORMATION: Rental Branch Location: ENTERPRISE RENT-A-CAR(570B) 1100 MARKET STREET LEMOYNE, PA 1704:31415 (717) 763-7001 ADDITIONAL CLAIM INFORMATION: Claim Number Z0194406-LW Claim Type: Insured Vehicle Condition: Non-Driveable Date Of Loss: 1/7/12 Insured Name: RANDALL ROBERTSON Owner's Vehicle: 2002 NISSAN XTERR Additional Driver: Repair Facility: HOFFMAN COLLISION CENTER HARRISBURG, PA 17112 (717) 657-1600 VEHICLES RENTED: Effective Date and Year Make Time I I 1/9/12 11:04 AM 2011 FORD RENTAL DETAIL: Rental Period: 1/9/12 to 1/26/12 (18 days) Billed Period: 119112 to 1126112 (18 days) Products and Services Rate Amount 18 DAYS @ T x s a d Sur har es 25.00 $450.00 a e n c g 18 PTA TAX 2.00 $36.00 1 SALES TAX% 8.00% $36.00 Total Charges: $522.00 Less Amount Received: $0.00 Total Amount Due: $522.00 Model I VIN ESCA 1FMCU9DG6BKC38922 Sing I Ending Mileage I Mileage Mileage 9104 9287 183 Rental Invoice Please Return This Portion with Remittance Make Payment To: ENTERPRISE RENT-A-CAR(5799) 2625 MARKET PLACE HARRISBURG, PA 17110 Federal I D:26-4526440 Total Charges: Less Amount Received: Total Amount Due .................... Please include on your check: Invoice#: D600861-570B Rate Charged $25.00 $522.00 $0.00 $522.00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Encompass Insurance Company vs. Danny L. Ayers - t Case Number 2012-2136 SHERIFF'S RETURN OF SERVICE 04/10/2012 08:13 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 10, 2012 at 2013 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Danny L. Ayers, by making known unto himself personally, at 2116 Circle Road, Carlisle Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 7 S N SHA EPUTY SHERIFF COST: $34.45 April 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF GERMAN, GALLAGHER & MURTA C a']n"? ? Attorneys for Defendants BY: Robert P. Corbin, Esq. YRC, Inc. and Danny L. IDENTIFICATION NO.: 17897 Ayers The Bellevue, Suite 500 ?U"BER _AND COUIN" " 200 S. Broad Street i?lNS,(???, t?l1 Philadelphia, Pa 19102 Telephone: (215) 545-7700 corbinr6'6!amfirm.com ENCOMPASS INSURANCE COMPANY: A/S/O RANDY ROBERTSON V. . YRC, INC. AND DANNY L. AYERS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 12-2136 CIVIL TERM ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendants YRC, Inc. and Danny L. Ayers in the above-captioned civil action. Also, said defendants demand trial by jury. GERMAN, GALLAGHER & MURTAGH BY: J?q) /?) Robert P. Corbin Attorney for defendants YRC, Inc. And Danny L. Ayers SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY a/s/o RANDY ROBERTSON P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 oj?f Attorney for Plaintiff ?' 4 ?nf COURT OF COMMON PLEAS CUMBERLAND COUNTY V. YRC, INC. 780 W. Birchwood Street Morton, IL 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 NO: 2012-2136 AFFIDAVIT OF SERVICE I, Paul N. Sandler, Esquire, being duly sworn according to law, deposes and says that a true and correct copy of the Complaint was served upon Defendant, YRC, Inc., on April 16, 2012, via certified mail, as evidenced by a true and correct copy of the signed green card, attached hereto as Exhibit "A". SANDLER & MARCHESINI, P.C. SWORN TO AND SUB(CRIBED BEFORE ME THIS DAY OF Q -?- A. D. 2012. x. _ M N T Y PUBLIC BY: / _ PAUL N. SA R, ESQUIRE Attorney for Plaintiff COM ON' 1 TH OF Pv? V K NOTARIAL SEAL TERESA K SZEWCIAK, Ndm A C 15 Exhibit "A" co O 1 N i A n 3 c? v' I? i N 5 n D m ,z 3 L7 6-' On -? 1 O C3 O 0 W w _lz IE? 1? `rah t±?^ r- ( ^f 2tf J f i 1 . y j s, '' t•R kt W?Li?i1 ?CE?I`31 ! E14NN SYL ` tP I GERMAN, GALLAGHER & MURTAGH BY: Robe 1rt P. Corbin, Esq. IDENTIFICATION NO.: 17897 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephone: (215) 545-7700 corbinr(a?mfirm.com To the PLAINTIFF: You are hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from service hereof or a judgment may be entered agar t you Robert P. Corbin, Attorney for Defendant Attorneys for Defendants YRC, Inc. and Danny L. Ayers ENCOMPASS INSURANCE COMPANY: A/S/O RANDY ROBERTSON V. YRC, INC. AND DANNY L. AYERS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 12-2136 CIVIL TERM ANSWER WITH NEW MATTER OF DEFENDANTS, YRC, INC. AND DANNY L. AYERS TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering defendants are without knowledge' or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 and the same are accordingly denied. Strict proof thereof is demanded. 2. Denied as stated. Defendant YRC, Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 10990 Roe Avenue, Overland Park, Kansas, 66211. 3. Admitted. 943773__ 1 n 4. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and the same are accordingly denied. Strict proof thereof is demanded. 5. Admitted in part, denied in part. It is admitted only that on or about January 6, 2012, a vehicle owned by answering defendant, YRC, Inc. was operated by its employee, Danny Ayers, with the permission of YRC, Inc. The remaining averments of paragraph 5 are denied. All averments of negligence or carelessness on the part of answering defendants are specifically denied. To'the contrary, plaintiff's insured driver, Randy Robertson, made an improper lane change, causing the accident and any and all alleged damages. 6(a)-(g). Denied. All averments of negligence, carelessness or recklessness on the part of answering defendants are specifically denied. 7-10. Denied. Any and all averments of any negligence and carelessness on the part of answering defendants herein are specifically denied. As to the remaining averments of paragraphs 7 through 10 inclusive regarding plaintiff's alleged injuries and/or damages, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of these averments, and the same are accordingly denied. Strict proof thereof is demanded. WHIEREFORE, Defendants YRC, Inc. and Danny L. Ayers respectfully request that this Honorable Court grant judgment in their favor and against Plaintiff. NEW MATTER 11. Answering defendants incorporate by reference paragraphs 1 through 10 inclusive above as if the same were set forth fully at length herein. 943773_1 12. Plaintiff's complaint fails to state a claim or a cause of action upon which relief may be granted. 13. Plaintiff's alleged claims are barred by the applicable statute of limitations. 14. Plaintiff's alleged claims are barred or are substantially reduced by the doctrines of contributory negligence and/or comparative negligence. 15. Plaintiff's alleged claims are barred by the doctrine of assumption of the risk. 16. Plaintiff's alleged claims are barred by the doctrine of laches. 17. Plaintiff's alleged claims are barred and/or limited by the pertinent provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Upon information and belief, plaintiff has failed to mitigate its alleged damages and therefore, is barred from recovery, either in whole or in part. 19. Plaintiff's alleged cause of action must fail due to the defense of unavoidable accident. 20. If plaintiff suffered injuries and/or damages as alleged, which averments are specifically'denied, then the sole and exclusive cause of any such alleged injuries and/or damages was the negligence and carelessness of its insured driver, Randy Robertson, and not that of answering defendants herein. 21. Answering defendants neither caused nor contributed to the alleged accident and/or any of plaintiff's alleged injuries and/or damages. 22. The accident as alleged in plaintiff's complaint was not the result of any negligent act and/or omission on the part of answering defendants. 23. Some or all of plaintiffs alleged injuries and/or damages were preexisting. 943773_1 I 24. Plaintiff s alleged injuries and/or damages, if any, were caused by a prior and/or subsequent''incident unrelated to the present action. 25. Answering defendants were not the proximate cause or factual cause of either the alleged incident or any injuries and/or damages which plaintiff may have sustained as a result of the alleged incident. 26. At all times pertinent hereto, answering defendants, and any duly authorized agent, servant, workman and/or employee of answering defendants, acted with due and proper care under the circumstances then and there existing. 27. Answering defendants reserve the right to assert additional affirmative defenses following the completion of pretrial discovery in this matter. WH8REFORE, Defendants YRC, Inc. and Danny L. Ayers respectfully request that this Honorable Court grant judgment in its favor and against Plaintiff. GERMAN, GALLAGHER & MURTAGH B Y: Robert P. Corbin, Esquire Attorney for Defendants YRC, Inc. and Danny L. Ayers 943773_1 VERIFICATION Robert P. Corbin, Esquire, hereby verifies that he is the attorney for YRC, Inc. and Danny L. Ayers, defendants in the within matter; that in such capacity, he is authorized to execute this verification on their behalf; that he is familiar with the facts set forth in the foregoing answer with new matter and that the same are true and correct to the best of his knowledge, . information and belief; and that he makes this statement subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Robert P. Corbin Dated: '2012 9517901 GERMANY GALLAGHER & MURTAGH BY: Robelrt P. Corbin, Esq. IDENTIFICATION NO.: 17897 The Bellevue, Suite 500 200 S. Broad Street Philadelphia, Pa 19102 Telephones (215) 545-7700 Attorneys for Defendants YRC, Inc. and Danny L. Ayers ENCOMPASS INSURANCE COMPANY: COURT OF COMMON PLEAS OF A/S/O RANDY ROBERTSON CUMBERLAND COUNTY, PA V. NO: 12-2136 CIVIL TERM YRC, INC AND DANNY L. AYERS CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Answer with New Matter of defendants YRC, Inc. and Danny L. Ayers was served upon counsel listed below by United States First Class Mail, postage pre-paid on May oz Y, 2012 and addressed as follows: Paul N. Sandler, Esquire Sandler & Marchesini, P.C. 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 Attorney for plaintiff GERMAN, GALLAGHER & MURTAGH Z?? /? ? BY. Robert P. Corbin, Esquire Attorney for Defendants, YRC, Inc. and Danny L. Ayers 943773_1 SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY a/ s/ o RANDY ROBERTSON P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 Attorney for Plaintiff k? COURT OF COMMON PLEAS CUMBERLAND COUNTY v. YRC, INC. 780 W. Birchwood Street Morton, IL 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 NO: 2012-2136 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiffs, Encompass Insurance Company a/ s/ o Randy Robertson, by and through its attorneys, Sandler & Marchesini, P.C., comes forth and files this Reply to Defendants' New Matter and asserts the following: 11. Plaintiff incorporates the allegations contained in paragraphs 1 through 10 as though each and every allegation was set forth fully at length. 12. Denied. It is denied that Plaintiff's complaint fails to state a claim or a cause of action upon which relief can be granted. 13. Denied. It is denied that Plaintiff's alleged claims are barred by the applicable statute of limitations. 14. Denied. It is denied that Plaintiff's alleged claims are barred or are substantially reduced by the doctrines of contributory negligence and/or comparative negligence. 15. Denied. It is denied that Plaintiff's alleged claims are barred by the doctrine of assumption of the risk. 16. Denied. It is denied that Plaintiff's alleged claims are barred by the doctrine of laches. 17. Denied. It is denied that Plaintiff's alleged claims are barred and/ or limited by the pertinent provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Denied. It is denied that Plaintiff has failed to mitigate its alleged damages and therefore, is barred from recovery, either in whole or in part. 19. Denied. It is denied that Plaintiff's alleged cause of action must fail due to the defense of unavoidable accident. 20. Denied. It is denied that the cause of Plaintiff's damages caused the negligence and carelessness of its insured driver, Randy Robertson. 21. Denied. It is denied that Answering Defendants neither caused nor contributed to the alleged accident and/or any of Plaintiff's alleged injuries and/or damages. 22. Denied. It is denied that the accident as alleged in Plaintiff's Complaint was not the result of any negligent act and/or omission on the part of Answering Defendants. 23. Denied. It is denied that some or all of Plaintiff's alleged injuries and/or damages were preexisting. 24. Denied. It is denied that Plaintiff's alleged injuries and/or damages were caused by a prior and/or subsequent incident unrelated to the present action. 25. Denied. It is denied that Answering Defendants were not the proximate cause or factual cause of either the alleged incident or any injuries and/or damages which Plaintiff may have sustained as a result of the alleged incident. 26. Denied. It is denied that all times pertinent hereto, Answering Defendants, and any duly authorized agent, servant, workman and/or employee of. Answering Defendants, acted with due and proper care under the circumstances then and there existing. 27. Denied. It is denied that Answering Defendants reserve the right to assert additional affirmative defenses following the completion of pretrial discover in this matter. WHEREFORE, Plaintiff, Encompass Insurance Company a/ s/ o Randy Robertson, demands judgment against Defendants, YRC, Inc. and Danny L. Ayers. MARCHESINI, P.C. BY: t l P . SANDLER, ESQUIRE A ornev for Plaintiff SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY a/ s/ o RANDY ROBERTSON P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. YRC, INC. 780 W. Birchwood Street Morton, IL 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 NO: 2012-2136 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Reply to New Matter were served on the 31St day of May, 2012, via first class mail, postage prepaid, to all attorneys and unrepresented parties at the following addresses: Robert P. Corbin, Esquire German, Gallagher & Murtagh The Bellevue, Suite 500 200 S. Broad Street Philadelphia, PA 19102 SANDLER & MARCHESINI, P.C. BY:_ ' P L N. SANDLER, ESQUIRE Attorney for Plaintiff VERIFICATION I, Paul N. Sandler, of the law firm of Sandler & Marchesini, P.C., hereby verifies that the facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SANDLER & MARCHESINI, P.C. BY: PNUL N. SANDLER, ESQUIRE SAI~TDLER & MARCHESINI, P.C. BY PAUL N. SANDLER, ESQUIRE A h I'OI:NEY I.D. 'PTO. 15711 1 X00 W a Inut Street, Suite 2020 Philadelphia, PA 19102 (21-x) 5h~-9300 ENCOMPASS INSURANCE COMPANY a/ s ~ o F:A NDY ROBERTSON P.O. Box 908 1 ~ OU Cornwall Road Monmouth )unction, NJ 08852 ~E ~ ~x- r~~~"~~ ~"r s; ~. acr z2 ~n 2= 2~ Attorney for Plaintiff i T~' COURT OF COMMON PLEAS CUMBERLAND COUNTY YRC, IN(~-. 7~U W. Birchwood Street Morton, I L 61550 and DANNY L. AYERS 2116 Circle Road Carlisle, PA 17013 NO: 2012-2136 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark: the above captioned matter settled, disconi.-inued and ended. SAN ~ ~R & MARCHESII~?I, P.C. _._---._ .~ / EY .~ PAI ~ A DLER, ESQU 1 R I Attorney for Plaintiff