Loading...
HomeMy WebLinkAbout12-3551SANDLER & 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 EARL W. MCCLEEREY, JR. P.O. Box 908 1100 Cornwall Road Monmouth Junction, NJ 08852 rJ I C r Attorney for Plaintiff - n ' COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. MAX MCALLISTER 709 Florence Circle Mechanicsburg, PA 17050 NO: la - of oi,i??pk 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 is an individual residing the above-stated address. 3. On or about January 16, 2012, Plaintiff's insured's vehicle was parked at 804 Kent Drive, Mechanicsburg, Pennsylvania, when the Defendant did so negligently and carelessly operate a vehicle causing said vehicle to strike Plaintiff's insured's parked vehicle and causing total damages to Plaintiff's insured's vehicle. 4. The negligence and carelessness of the Defendant consisted of: (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; 0 4103.'')5 Pt Arrr Cif 65$(0 (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. 5. As a result of the aforesaid negligence and carelessness, Plaintiff's insured's vehicle was totally damaged as evidenced by a true and correct copy of the Total Loss Evaluation attached hereto, made part hereof and referred to as Exhibit "A". 6. 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". 7. The Plaintiff received salvage as evidenced by a true and correct copy of the salvage report attached hereto, made part hereof and referred to as Exhibit "C". 8. At all times relevant hereto, Plaintiff provided a policy of insurance to its insured, Earl W. McCleerey, Jr., covering the vehicle damaged in the accident. 9. In accordance with the terms of its policy, Plaintiff paid its insured the sum of $11,632.34, including the insured's deductible. 10. As a result of the aforesaid payment, Plaintiff is subrogated to all right, title and interest in and to its insured's payment. WHEREFORE, Plaintiff, Encompass Insurance Company a/ s/ o Earl W. McCleerey, Jr., demands judgment against Defendant, Max McAllister, in the sum of $11,632.34 together with interest from January 16, 2012 and cost of suit. & YAARCHESINI, P.C. PAUL N. SANDLER, ESQUIRE VERIFICATION I, J-1 - a"" tV,? r.vo.L , as S? . Scdor- RF110 (name) (capacity) of FXC o..I P/9- Sl ZVJ C G. and as such being duly authorized to take this Verification on behalf of fJ T-J C G 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 unworn falsification to authorities. DATED: 061 G I ? a BY: Exhibit "A" Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 I" -A- udarex Autosource Valuation • Sells remy.m A• 0 LS V8 Sport 4D Sedan Russ Learn Claimant Encompass Insurance Insured Mccleereyjr, Earl W Mid-Atlantic RCO Branch Claim Z0194751 OC-011 P.O. Box 16203 Loss Date 01/16/2012 Reading PA 19612-6203 Loss Type Collision Policy US 280943453 Other Primary Impact 10 Total Loss yes Estimate Amount 8441.80 Inspection City Grantville Inspection State PA VIN 1LNHM87A36Y600229 Decodes as 2006 Lincoln LS V8 Sport 4D Sedan Accuracy Decodes Correctly History Activity was reported o Autosource activity: Reported by Liberty Mutual Insurance in New Castle, PA on January 18, 2012. Call them at (215)641-0400 regarding Claim: 021641946-02 (Request: 30271088 DOL: 01/16/2012 Odometer: 122,562). o Autotrak activity: (NONE). o Audatex/Estimating activity: Reported by LIBERTY MUTUAL - BLUE BELL on January 18, 2012. Call them regarding Claim: 021641946-02. DOL:0111612012 with a primary impact point of Left Front Corner. o Sales history activity: (NONE) NICE Repc-'t 2006 V8 Sport 4D Sedan NICB/ISO L031 LIBERTY MUTUAL CORPORATION Member Claim 021641946-02 Loss Date 01/16/12 Type of Loss VALUATION Phone (215)641-0400 Point of Impact Left Front Corner NICB/ISO L005 LIBERTY MUTUAL INSURANCE COMPANY Member Claim 21641946 Loss Date 01/16/12 Type of Loss PROPERTY/CASUALTY Phone 2156410400 Reported Phone Number Analysis 2006 1-icoln !,E,? Sport 4D Sedan No Vehicles Advertised at (717) 732-1185 No Vehicles Advertised at (717) 991-0480 Version: 2 Page: 1 02103/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Valuation Szwtirvify 2 .D 00C fz-i oc V6 Sport Sedan See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A. Base Price $11,825 $11,993 $11,909 Engine Transmission Odometer -2,775 -2,705 -2,740 Equipment 1,925 2,180 2,053 Value Before Adjustments $10,975 $11,468 $11,222 Value Before Condition Adjs. $11,466 $11,222 Suggested Total Condition Adj. 692 $11,914 General Sales Tax 6 .000% 714.84 Title Fee he market value displayed may not Transfer Fee' _ reflect the activity detected by VINSOURCE and/or NICB research. Deductible -500.00 Net Adjusted Value ?I Salvage/Other Vehicle VaIL A,10r3 FROdil 2006 i.i?r,cr=ln LS VS Sport 4D Sedan City/State Mechanicsburg, PA Mechanicsburg, PA Price $11,993 $11,993 Year 2006 2006 Make Lincoln Lincoln Model LS LS Edition V8 Sport V8 Sport Door 4D 4D Body Sedan Sedan Drive 2WD 2WD Engine 8 Cylinder 3.9 Engine 8 Cylinder 3.9 Engine 0 Transmission 5 Speed Automatic 5 Speed Automatic 0 Color Not Applicable CERAMIC WHITE Odometer 68,400 Mi(Typical) 122,530 Mi(Actual) -2,705 Convenience Options Garage Door Opener Garage Door Opener Automatic Dimming Mirror Automatic Dimming Mirror Air Conditioning Air Conditioning Tilt Steering Wheel Tilt Steering Wheel Reverse Sensing System 85 Telescopic Steering Whl Telescopic Steering Whl Version: 2 Page: 2 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 41) Sedan AS Request: 30359284 Dual Zone Auto A/C Dual Zone Auto A/C Cruise Control Cruise Control Rain-Sensing W/S Wipers Rain-Sensing W/S Wipers Cargo/Trunk Net 0 Heated W/S Wiper Washers Heated W/S Wiper Washers Rear Window Defroster Rear Window Defroster Rem Trunk-L/Gate Release Rem Trunk-UGate Release Strg Wheel Radio Control Strg Wheel Radio Control Other Optional Equipment Leather Steering Wheel Leather Steering Wheel Wood Interior Trim Wood Interior Trim Sport Suspension Sport Suspension Head Airbags Head Airbags High Intensity Headlamps 170 Tachometer Tachometer Center Console Center Console Traction Control System Traction Control System Tinted Glass Tinted Glass Lighted Entry System Lighted Entry System Overhead Console Overhead Console Navigation System 565 Rear Side Airbags 155 Intermittent Wipers Intermittent Wipers Dual Airbags Dual Airbags Anti-lock Brakes Anti-lock Brakes Trip Computer Trip Computer Fog Lights Fog Lights Stability Cntrl Suspensn 220 Side Airbags Side Airbags Keyless Entry System Keyless Entry System Power Accessories Power Brakes Power Brakes Heated Power Mirrors Heated Power Mirrors Power Door Locks Power Door Locks Power Steering Power Steering Power Windows Power Windows Dual Power Seats Dual Power Seats Radio/Phone/Alarm Options Alpine Audio System 0 Alarm System Alarm System Theft Deterrent System Theft Deterrent System Digital Signal Processor 0 AM/FM In-dash CD Changer AM/FM In-dash CD Changer Roof Options Power Moonroof Power Moonroof Seat Options Driver Seat Memory Driver Seat Memory Climate Cntrl Frnt Seats Climate Cntrl Frnt Seats Bucket Seats Bucket Seats Leather Seats Leather Seats Heated Frnt & Rear Seats 200 Wheel Options Aluminum/Alloy Wheels Chromed Alloy Wheels 250 Version: 2 Page: 3 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Packages Audiophile Sound System 280 Elite Package Premium Package 255 Autosource Value Before Condition Adjustments 11,468 Seats Minor Wear Minor Wear Carpets Minor Wear Minor Wear Int Trim Minor Damage Minor Damage Glass Good Moderate Damage -185 Headliner Good Minor Wear -70 Body Minor Damage Minor Damage Paint Minor Wear Good 195 Ext Trim Good Moderate Damage -130 Engine Minor Wear Well Maintained 485 Transmission Minor Wear Minor Wear Battery Receipt:$147 01/03/12 100 Front Tires Good New 222 Rear Tires Good New 75 692 Prior Damage 0 "N.A.D.A. Vehicle Description: 2006 LINC LS-V8 Sedan 4D Sport N.A.D.A. values are as of January, 2012 from the Eastern Edition. Base Value $11,825 Mechanical Engine $0 Transmission $0 Equipment Navigation System 800 Power Sunroof 675 Audiophile Sound System 450 Equipment Subtotal $1,925 Mileage: 122,530 Mi $ -2,775 $10,975 These current N.A.D.A. values are furnished under license from NADASC. All values Copyright © NADASC 2012. The values in the N.A.D.A. guide assume a vehicle in clean condition. Appropriate deductions should be made to put a vehicle in salable condition. Version: 2 Page: 4 02/03/12 09:12 I N.A.D,A. Vahan.'. 2006 i. w=c ir= LS V8 Sport 4D Sedan Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Special Note on Older Vehicles: N.A.D.A.'s editors believe that most optional equipment has little or no value on older vehicles. This is especially true of options that cost relatively little to begin with and which deteriorate with age or use. Sport Vehi?Je Sal.age Title Summary 200C V8 No Branded title history found for this VIN. Processed on 02/03/12 8:34 AM. Title History is powered by Experian AutoCheck. The Experian data contained in this report involves the conveyance of information provided to Experian by uto,Chk other sources. Accordingly, neither Experian nor Audatex can, or will, be an insurer or guarantor t Jy, Wibr, ,.3•I?; Ex of the accuracy or reliability of the Experian data. Valuation Notes 2006 ! inn A. V8 Sport 4D Sedan Adjustments of Special Note ° An adjustment of $100 was made for the receipts provided for the reported Battery. ° Loss vehicle was reported to have: ° A receipt for Battery valued at $147 on 01/03/12. Front Tires described as New valued at $341 purchased on 01/03/12. ° A mileage adjustment of 5.00 cents per mile/kilometer has been applied. This adjustment is based on the vehicle year, vehicle category, and market area. Mileage adjustments are rounded to the nearest five dollars. Mileage adjustments are capped at 40% of the vehicle's starting value. o Information provided by Encompass Insurance ° Loss vehicle description was provided by Encompass Insurance ° All values are in U.S. dollars. Autosource Valuation Process ° Over 3,800,000 vehicles are entered weekly into the database used for researching this value. This database includes dealer inspected, dealer inventory, dealer advertised, phone verified and advertised private party vehicles. ° The originating search area for this valuation was Mechanicsburg, Pennsylvania. ° This vehicle was previously valued by Autosource. If this vehicle was valued by another company for the same loss, any differences in value are due to the differences in the reporting of the loss vehicle information, market area or methodology. If this was valued for a different loss date, differences in value would be due to the differences in the time frame. ° The value of the Package adjustments displayed include only those items that cannot be purchased individually. Other equipment items included in the package that can be purchased separately are adjusted with the vehicle equipment, and these adjustments are noted by the applicable options. Other Adjustments or Comments ° ADDITIONAL RECENT REPAIRS: NEW BATTERY $147 01-03-12 WATER PUMP.ANTIFREEZE AND LABOR $215.90 11-29-11 ° Autosource is sending an updated valuation as the Experian link has been re-established; please check for potential title history. ° The tax was calculated based on a date of loss of 01/16/2012 using zip 17050, in MECHANICSBURG, Cumberland County, Pennsylvania. The city may vary from search area to reflect correct tax location. Conditioning Notes ° INTERIOR ° Seats: 1 tear smaller than a credit card. Leather shows slight surface cracks. ° Carpets: Slight stains. ° Int Trim: Slight scuffs or scratches. ° Glass: 4 or more chips or bull's eyes less than 1 quarter in size, that are repairable and don't impede the view to safely operate the vehicle. ° Headliner: Slight stains. ° EXTERIOR ° Body: No surface rust. RT REAR DOOR DENT PER V-O WAS NOT THERE PRIOR TO CLAIM. ° Paint: No obvious damage. Ext Trim: Scrapes or peeling paint on chrome and bumper covers. FRONT AND REAR COVERS SHOW SCRAPE MARKS Version: 2 Page: 5 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 G MECHANICAL ° Engine: No obvious leaks. ° Transmission: UNABLE TO DETERMINE TIRES ° Rear Tires: 80-100% or tread remains. 8/32 REPRESENTATIVE VEHICLES 2006 L:! ?? -:Jr Ll -- V8 Sport 4D Seda7 The Autosource database contains inspected dealer inventories, dealer advertisements, phone verified vehicles, and private party advertisements from thousands of sources including automotive publications, newspapers and Web sites. Autosource uses vehicles comparable in year, make and model within the specified market area, expanding as necessary, to determine the loss vehicle's local market value. This valuation includes a representative sample of the vehicles used to calculate the typical starting price. The market search originated from Zip Code 17050, as determined by the vehicle owner's principally garaged area. Autosource located 35, 2006 Lincoln LS vehicles which were used to determine the typical vehicle price. Adjustments have been made to the comparable vehicles for value differences in vehicle description as indicated in the "Veh Adj" field. The sum of the 35 comparable vehicles is $446,564 for an average price of $12,759. The asking or actual sale price is displayed for each vehicle. If a vehicle has been sold, the sold price is displayed with an (S) indicator. The selling price may be substantially less than the asking price. In the case of this 2006 Lincoln LS, the difference between the asking price and selling price is generally 6%. This selling price adjustment has been applied to the typical price. Additional adjustments have been made to the typical vehicle price taking into consideration the loss vehicle's mileage, equipment and condition. All adjustments are vehicle specific and reflect driving habits and condition for the vehicle's market. A mileage adjustment of 5.00 cents per mile has been applied. Taking into consideration the vehicle specifics, the fair market value is $11,914. Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (610)367-2081 City Boyertown State PA Price $12,991 Date 11/27/11 Distance 73mi Veh Adj $0 VIN 1LNHM87A36Y600490 Stock P91695131 Adj Price $12,991 Seller Fred Beans Ford Odometer 71,032 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-L/Gate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (301)604-8560 City Laurel State MD Price $12,998 Date 10/16/11 Distance 78mi Veh Adj $0 VIN 1LNHM87A86Y638765 Stock 7854440 Adj Price $12,998 Seller CarMax Odometer 72,812 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Navigation System, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain- Sensing W/S Wipers, Rem Trunk-L/Gate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels, Automatic Transmission Version: 2 Page: 6 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (610)789-9420 City Havertown State PA Price $11,995 Date 12/11/11 Distance 93mi Veh Adj $0 VIN 1LNFM87A06Y638377 Stock GP7202 Adj Price $11,995 Seller Piazza Honda Of Drexel Hill Odometer 49,707 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated Front Seats, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain- Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels 4 Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (215)793-3700 City Ambler State PA Price $9,995 Date 11/20/11 Distance 95mi Veh Adj $0 VIN 1LNFM87A56Y612650 Stock F4438 Adj Price $9,995 Seller Bergey's Ford Odometer 99,802 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels 5 Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (866)435-4572 City Ambler State PA Price $11,495 Date 01/09/12 Distance 95mi Veh Adj $0 VIN 1LNFM87A86Y622136 Stock 144140140 Adj Price $11,495 Seller Dealer Odometer 75,103 Source Cars.com Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (267)269-8201 City Philadelphia State PA Price $11,490 Date 01/15/12 Distance 100mi Veh Adj $0 VIN 1LNHM87A36Y615720 Stock Adj Price $11,490 Seller Dealer Odometer 68,408 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated Front Seats, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Navigation System, Version: 2 Page: 7 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 7 Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (703)368-5390 City Manassas State VA Price $11,994 Date 10/23/11 Distance 104mi Veh Adj $0 VIN 1LNHM87A56Y627092 Stock 10555 Adj Price $11,994 Seller Battlefield Ford Imports Odometer 84,355 Source "Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (703)330-4461 City Manassas State VA Price $12,995 Date 11/27/11 Distance 104mi Veh Adj $0 VIN 1LNFM87A66Y612706 Stock 10236 Adj Price $12,995 Seller Maximum Deals Odometer 67,085 Source *Leading Internet Auto Site Details 8 Cylinder 3.9 Engine, Automatic Transmission, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Navigation System, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-L/Gate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (888)841-4113 City Manassas State VA Price $12,995 Date 01/01/12 Distance 104mi Veh Adj $0 VIN 1LNHM87A56Y624094 Stock NAS124 Adj Price $12,995 Seller Dealer Odometer 69,215 Source Cars.com Details 8 Cylinder 3.9 Engine, 5 Speed Automatic, Automatic Dimming Mirror, Air Conditioning, Dual Airbags, Alarm System, Anti-lock Brakes, Dual Zone Auto A/C, Cruise Control, Center Console, Rear Window Defroster, Driver Seat Memory, Fog Lights, Bucket Seats, Garage Door Opener, Head Airbags, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Heated Power Mirrors, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Dual Power Seats, Compact Disc W/Tape, Rain-Sensing W/S Wipers, Rem Trunk-L/Gate Release, Side Airbags, Leather Seats, Sport Suspension, Strg Wheel Radio Control, Leather Steering Wheel, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Aluminum/Alloy Wheels 10 Vehicle 2006 Lincoln LS V8 Sport 2WD 4D Sedan Phone (703)494-9121 City Occoquan State VA Price $10,467 Date 10/07/11 Distance 108mi Veh Adj $0 VIN 1LNHM87A26Y627194 Stock M16612A Adj Price $10,467 Seller Malloy Lincoln Mercury Mitsub Odometer 111,850 Source craigslist-North Carolina Version: 2 Page: 8 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Details 5 Speed Automatic, Anti-lock Brakes, Air Conditioning, Automatic Dimming Mirror, Alarm System, Aluminum/Alloy Wheels, Bucket Seats, Cruise Control, Compact Disc W/Tape, Center Console, Dual Airbags, Rear Window Defroster, Heated Power Mirrors, Driver Seat Memory, Dual Zone Auto A/C, Dual Power Seats, Fog Lights, Garage Door Opener, Head Airbags, Heated Front Seats, Heated W/S Wiper Washers, Intermittent Wipers, Keyless Entry System, Lighted Entry System, Leather Steering Wheel, Leather Seats, Navigation System, Overhead Console, Power Brakes, Power Door Locks, Power Steering, Power Windows, Rain-Sensing W/S Wipers, Rem Trunk-UGate Release, Side Airbags, Sport Suspension, Strg Wheel Radio Control, Tachometer, Trip Computer, Traction Control System, Theft Deterrent System, Telescopic Steering Whl, Tinted Glass, Tilt Steering Wheel, Wood Interior Trim 005 l ncoin _'3 V8 Suort 4D Seda Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to $15,000. • • Secla7 Engine Options Transmission Options * 8 Cylinder 3.9 Engine STD * 5 Speed Automatic STD Other Optional Equipment Convenience Options * Anti-lock Brakes STD * Air Conditioning STD Special Factory Paint $695 * Automatic Dimming Mirror STD * Center Console STD * Cruise Control STD * Dual Airbags STD * Cargo/Trunk Net * Fog Lights STD * Rear Window Defroster STD * Head Airbags STD * Dual Zone Auto A/C STD * High Intensity Headlamps $595 * Garage Door Opener STD * Intermittent Wipers STD * Heated W/S Wiper Washers STD * Keyless Entry System STD * Reverse Sensing System $295 * Lighted Entry System STD * Rain-Sensing W/S Wipers STD * Leather Steering Wheel STD * Rem Trunk-L/Gate Release STD Metallic Paint $295 * Strg Wheel Radio Control STD * Navigation System $2,000 * Telescopic Steering Whl STD * Overhead Console STD * Tilt Steering Wheel STD Pearlescent Paint $695 Power Accessories Power Adjustable Pedals $195 * Heated Power Mirrors STD * Rear Side Airbags $545 * Dual Power Seats STD * Side Airbags STD * Power Brakes STD * Stability Cntrl Suspensn $775 * Power Door Locks STD * Sport Suspension STD * Power Steering STD * Tachometer STD * Power Windows STD * Trip Computer STD Radio/Phone/Alarm Options * Traction Control System STD * Alpine Audio System * Tinted Glass STD * Alarm System STD * Wood Interior Trim Compact Disc W/Tape STD Seat Options * Digital Signal Processor * Bucket Seats STD * AM/FM In-dash CD Changer TYP * Climate Cntrl Frnt Seats $300 * Theft Deterrent System STD * Driver Seat Memory STD Wheel Options Version: 2 Page: 9 02/03/12 09:12 Claim: Z0194751 OC-011 Autosource Valuation 2006 Lincoln LS V8 Sport 4D Sedan AS Request: 30359284 Heated Front Seats $295 Aluminum/Alloy Wheels STD * Heated Frnt & Rear Seats $700 * Chromed Alloy Wheels $875 * Leather Seats STD Roof Options * Power Moonroof $1,295 Option Packages * Audiophile Sound System $995 Includes Alpine Audio System, Digital Signal Processor, AM/FM In-dash CD Changer * Elite Package $4,225 Includes Alpine Audio System, Chromed Alloy Wheels, Digital Signal Processor, High Intensity Headlamps, AM/FM In-dash CD Changer, Navigation System, Stability Cntrl Suspensn * Premium Package $2,795 Includes Alpine Audio System, Climate Cntrl Frnt Seats, Cargo/Trunk Net, Digital Signal Processor, Heated Front Seats, AM/FM In-dash CD Changer, Power Moonroof, Wood Interior Trim Base retail price $39,945 $55,340 Editions available for the same body style (in order of original cost, increasing): *V8 Sport * Indicates loss vehicle equipment. This report contains proprietary information of Audatex and shall not be disclosed to any third party (other than the insured or claimant) without Audatex's prior written consent. If you are the insured or claimant and have questions regarding the description of your vehicle, please contact the insurance company that is handling your claim. Information within VINsource/NICB is provided solely to identify potential duplicative claims activity. User agrees to use such information solely for lawful purposes. Tax rates contained herein are based on general sales tax data provided by Vertex Inc. Excise, use, registration, licensing and other taxes and fees that may be applicable are not included. Audatex makes no representations or warranties concerning the applicability or accuracy of such tax data. Report Generated by Audatex, a Solera Company US Pat. No 7912740132 © 2012 Audatex North America, Inc. All Rights Reserved. Version: 2 Page: 10 02/03/12 09:12 Exhibit "B" I ARMS® - Automated Rer, danagement System Page 1 of 1 46 @ Om Encompass Rental Company:ENTERPRISE RENT-A-CAR Invoice: D252946-5701 Bill To: ENC57RD ENCOMPASS INS ATTN: SANDRA DOLL PO BOX 16203 READING, PA 19612 RENTER INFORMATION: Renter: MCCLEERY, EARL RENTAL INFORMATION: Rental Branch Location: ENTERPRISE RENT-A-CAR (5701) 6515 CARLISLE PIKE MECHANICSBURG, PA 170502376 (717) 795-8500 ADDITIONAL CLAIM INFORMATION: Claim Number :Z0194751-OC Claim Type: Insured Vehicle Condition: Driveable Date Of Loss: 1/16/12 Insured Name: Owner's Vehicle: 2006 LINCOLN Additional Driver: Repair Facility: TOTAL LOSS HARRISBURG, PA 17105 (999) 999-9999 VEHICLES RENTED: Effective Date and Year Make Model VIN Starting Ending Mileage Rate Time Mileage Mileage Charged 2/3/12 8:28 AM 2012 FORD FUSI 3FAHPOJG6CR164292 9847 10647 800 2/4112 9:00 AM 2012 FORD FUSI 3FAHPOJG6CR164292 9847 10647 800 $25.00 Rental Invoice RENTAL DETAIL: Rental Period: 2/3/12 to 2/13/12 (11 days) Billed Period: 2/4112 to 2/13/12 (10 days) Products and Rate Amount Services 10 DAYS @ 25.00 $250.00 1 FUEL 28.71 $28.71 Taxes and Surcharges 10 PTA TAX 2.00 $20.00 1 SALES TAX% 8.00% $20.00 Total Charges: $318.71 Less Amount Received: $28.71 Total Amount Due: $290.00 Please Return This Portion with Remittance Make Payment To: ENTERPRISE RENT-A-CAR (57A1) P.O. BOX 3108 BOSTON, MA 02241 Federal I D:26-4526440 Total Charges: Less Amount Received: Total Amount Due......... Please include on your check: Invoice: D252946-5701 $318.71 $28.71 $290.00 https://www.armsweb.com/armsweb/closedcustomerfile.do 3/22/2012 Exhibit "C" ¦ . Copart Seller Access - Inv; Display Page 1 of 1 I • Invoice Display Lot #: 12008432 Options: Lot Display for Lot # 12008432, New Search COPART AUTO AUCTIONS Date 3/22/12 8 PARK DRIVE GRANTVILLE, PA 17028 Visit us at www.copart.com PHONE (717) 861-7400 All Amounts are in USD TAX ID# 061423251 FINAL INVOICE Copart Lot# 12008432 76 PA - HARRISBURG Loss Date 1/16/12 called in 1/31/12 P/U cleared 1/31/12 Pickup Date 2/01/12 original Title 2/13/12 Trans Title 3/07/12 Sale Document 3/09/12 Loss Type COLLISION Description 06 LINC LS WHITE Vehicle ID# 1LNHM87A36Y600229 License#/ST HOD1894 PA Mileage 122,530 Pickup From FAULKNER BODY SHOP 2060 PAXTON ST HARRISBURG, PA 17111 (717) 213-3300 ADVANCE CHARGES PAID BY COPART CN14 PIP190A ALLSTATE INS.PAYMENT PROCESSOR ENCOMPASS INSURANCE PO BOX 650271 DALLAS, TX 75265 0271 claim# Z0194751 Policy# US 280943453 Loss code cn14 Reference# Insured EARL MCCLEEREY Owner EARL MCCLEEREY TOW SERVICE . . . . . . . . . . . . . . 85.00 STORAGE . . . . . . . . . . . . . . . . 560.00 TOTAL ADVANCE CHARGES . . . . . . . ---- . . 645.00 COPART SERVICE CHARGES PIP PROGRAM CHARGE. . . . . . . . . . . 90.00 TOTAL COPART SERVICE CHARGES. . . . ----------- . . 90.00 TOTAL DUE COPART . . . . . . . . . . . . . . 735.00 PROCEEDS FROM SALE . . . . 2050.000R *Bid Raised By Internet* PREVIOUS PAYMENTS FROM COPART. . . . . . . . 1315.00 NET DUE COPART . . . . . . . . . ------------ . .00 COPART PAYMENTS DETAIL COPART CHECK# 00524919 03/15/12 1,315.00 SALE INFORMATION Lot# 12008432 sold To 625907 OMEGA AUTO SALES Sale Date 3/15/12 6441 DICKENS AVE Sale Amount 2050.00 PHILADELPHIA, PA 19142 ACV 11914.00 (215) 729-6323 Repair Est 8442.00 Return 17.2% Item# 1153 Invoice Date 3/15/12 Cert# 67141305202 Invoice Amount .00 USD Payment From Buyer 3/20/12 REMIT TO: COPART 4665 BUSINESS CENTER DRIVE Reported To NICE 3/20/12 FAIRFIELD, CA 94534 Copyright(g) 1998 - 2012 Copart, Inc. - http://www.cooart.com Privacy Policy Copart Access is a service for Registered Copart Sellers. Copart Access and the Copart Auction System (CAS) represent proprietary technologies protected by law. Misuse or abuse of any kind will result in membership revocation and possible criminal prosecution. Copart is not responsible for inaccuracies in data reported by CAS and the Copart Access system. The user assumes all risk of data loss and errors. https:Hseller.copart.com/c2/search.html?_eventld=invoiceDisplay&execution=els3 3/22/2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY,,, Ronny R Anderson -0 Sheriff ; Di C111no". Jody S Smith 1 Chief Deputy Cn Richard W Stewart Solicitor OFFICE t -I-E S-(ERIFF c.R - rr? - Encompass Insurance Company vs. Max Eugene McAllister, Jr Case Number 2012-3551 SHERIFF'S RETURN OF SERVICE 06/12/2012 07:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2012 at 1920 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Max Eugene McAllister, Jr., by making known unto himself personally, at 709 Florence Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 June 14, 2012 RYAN BURGETT, DE SO ANSWERS, RON R ANDERSON, SHERIFF !Cj CountySuiie Sher-ff. Tejecsoft. Inc. 2012 JUL `) p1? 11 ? 21 A Y ERI Johnson, Duffle, Stewart & SY?ykj4 Wei?'tHN By: Julia A. Phillips I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 7614540 jal@jdsw.com ENCOMPASS INSURANCE COMPANY a/s/o EARL W. McCLEEREY, JR., Plaintiff V. MAX McALLISTER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Max McAllister, in the a captioned action. JOHNSON, DUFF(11,,,STEVVART & WEIIDNER BY: ' Date: July 16, 2012 Attorneys for Defendant IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3551 Ju LaA. Att . D. W,2. 7256 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for8.laiaW be#- 505564 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance been duly served upon the following counsel of record, by depositing the same in the Un States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 16, 2012: Paul N. Sandler, Esquire Sandler & Marchesini, P.C. 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 JOHNSON, DUFFIE, STEWART & WEIDNER By: J 505564 PROTijoNOTARY 2 12 JJL 18 A 11 04 k'v P NNS LVANIA TY Johnson, Duffle, Stewart & Weidner By: Julia A. Phillips I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap@jdsw.com ENCOMPASS INSURANCE COMPANY a/s/o EARL W. MCCLEEREY, JR., Plaintiff, V. MAX MCALLISTER, : Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3551 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT, MAX MCALLISTER, TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Max McAllister, by and through his Johnson, Duffie, Stewart & Weidner, P.C., and Julia A. Phillips, Esquire, and files the withi Preliminary Objections to Plaintiffs Complaint, and in support thereof states the following: 1. Plaintiff commenced this action or about June 6, 2012, by tiling its civil Complaint. 2. In its Complaint, Plaintiff alleges that on January 16, 2012, its subrogee, Earl McCleerey, Jr, had parked his vehicle at 804 Kent Drive, Mechanicsburg, Pennsylvania, the Defendant negligently and carelessly operated his vehicle, causing his vehicle to strike of Plaintiffs subrogee. 3. Defendant files these Preliminary Objections pursuant to Pennsylvania Rules Civil Procedure 1028(a)(2) and 1028(a)(3) based upon the boilerplate allegation in Pa 4(g) of the Plaintiffs Complaint Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(2) and 1028(a1(3) 4. Pennsylvania Rule of Civil Procedure 1028(a)(2) states that: "Prelim objections may be filed by any party to any pleading and are limited to the following failure of a pleading to conform to law..." Pa. R.C.P. 1028(a)(2). 4. Further, preliminary objections are appropriate where the Complaint insufficiently specific. See Pa. R.C.P. 1028(a)(3). 5. The law in this Commonwealth with respect to pleading is that a Complaint set forth the material facts upon which the cause of action is based in a concise and sum form. Pa. R.C.P. 1019(a). 6. The Complaint must also be sufficient enough to apprise the Defendant of claim being asserted against him and summarize the material facts needed to support the clai See Cardenas v. Schober, 783 A.2d 317, 325 (Pa. Super. 2001). 7. Paragraph 4(g) of the Plaintiffs Complaint sets forth a boilerplate allegation negligence against the Defendant. 8. More specifically, Paragraph 4(g) alleges that the Defendant "was negligent a careless in many other respects, as will be shown in the hearing on this matter." 9. This allegation of Paragraph 4(g) violates Pa.R.C.P. 1028(a)(2) and (3) it is vague and contains insufficient specificity as to the Defendant's alleged negligence therefore fails to conform to applicable law. 2 10. A defendant is permitted to move to strike off an insufficient statement in pleading if it is too indefinite. See Connor v. Allegheny General Hospital, 461 A.2d 600, (Pa. 1983). 11. It is particularly important to strike Paragraph 4(g) of the Plaintiffs Complaint so as not to allow the Plaintiff to assert new causes of action or theories of liability at a later 1 under the guise of merely amplifying what has been timely pleaded. See Blair v. Mehta, 67 D.& C. 4'h 246, 254 (Lycoming CCP, June 10, 2004, Kieser, J.); Connor v. Allegheny Gen Hospital, 461 A.2d 600, 603 (Pa. 1983); Arner v. Sokol, 96 A.2d 854, 856 (Pa. 1953). 12. Accordingly, Defendant files these Preliminary Objections to strike Pa 4(g) of Plaintiffs Complaint for failure to comply with Pa. R.C.P. 1028(a)(2) and (3). WHEREFORE, Defendant, Max McAllister, respectfully requests that this Court grant his Preliminary Objections Pursuant to Pa.R.C.P. 1028(a)(2) and (3) and to Paragraph 4(g) from Plaintiffs Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Ju i Phillip I. No. 307 56 301 Market StFeef Lemoyne, PA 17043 (717) 761-4540 jap@jdsw.com Counsel for Defendant, Max McAllister Dated: July 17, 2012 3 CERTIFICATE OF SERVICE AND NOW, this 17th of July, 2012, the undersigned does hereby certify that she did date serve a copy of the DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAI COMPLAINT upon the other parties of record by causing same to be deposited in the U States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Paul N. Sandler, Esquire Sandler & Marchesini, P.C. 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (Counsel for Plaintiff) JOHNSON, DUFFIE, STEWART & WEIDNER By: s?-?Ra°NaNOcA0" Johnson, Duffle, Stewart S Weidner By: Julia A. Phillips I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap@jdsw.com 1012 At}G -1 aM g: QI ?? GtlMg-RLAS9 GOUN PEiNSYLVA Attorneys for Defendant ENCOMPASS INSURANCE COMPANY a/s/o EARL W. MCCLEEREY, JR., V. Plaintiff, MAX MCALLISTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3551 CIVIL ACTION - LAW STIPULATION OF COUNSEL It is hereby stipulated by and between Paul N. Sandler, Esquire, counsel for Plaintiff, Julia A. Phillips, Esquire, counsel for Defendant, that the allegations set forth in Paragraph of the Plaintiffs Complaint is hereby withdrawn. SANDLER & MARCHESINI, P.C. BY: auI N. Sandler, Esquire 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 Counsel for Plaintiffs Date: 9 llr7 )(,a_ JOHNSON, DUFFIE, STEWART & WEIDNEF BY:? AD. ' lips 7256 301 Market Street Lemoyne, PA 17043 (717) 761-4540 jap@jdsw.com Counsel for Defendant Date: 507087 ~~,~ ~:f7-i:i~~'i ~~12 AI~~ 14 ~M i3: I..}.; c:.v~i~~RLH3ti~ C~tiiV~`t' Johnson, Duffie, Stewart & Weidner ~-'~NSYLV~NI`A By: Julia A. Phillips, Esquire I.D. No. 307256 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap@jdsw. com ENCOMPASS INSURANCE COMPANY a/s/o EARL W. MCCLEEREY, JR., Plaintiff, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX MCALLISTER, Defendant NOTICE TO PLEAD TO: Plaintiff, Encompass Insurance Company a/s/o Earl W. McCleerey, Jr. c/o Paul N. Sandler, Esquire Sandler & Marchesini, P.C. 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 NO. 12-3551 CIVIL ACTION -LAW AND NOW, this 13~h day of August, 2012, you are hereby notified to plead respons within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFI BY: ART & WEIDNER Ju Phillips, s ire At r y I.D. No. 30 56 301 Market Street Lemoyne, PA 17043 (717) 761-4540 Counsel for Defendant, Max McAllister 507242 Johnson, Duffle, Stewart & Weidner By: Julia A. Phillips, Esquire I.D. No. 307256 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jap@jdsw.com ENCOMPASS INSURANCE COMPANY a/s/o EARL W. MCCLEEREY, JR., Plaintiff, v. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3551 CIVIL ACTION -LAW MAX MCALLISTER, ', Defendant . ANSWER OF DEFENDANT, MAC MCALLISTER, I'I TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Max McAllister, by and through his counsel, Julia P~. Phillips, Esquire, and Johnson, Duffle, Stewart & Weidner, P.C., and files the following Answ~r and New Matter to Plaintiffs' Complaint, and states as follows: '~, 1. It is admitted that the Plaintiff is who it says it is. 2. Admitted. 3. It is admitted that a collision occurred between the Plaintiff's insured's vehi which was parked on the road at 804 Kent Drive, Mechanicsburg, Pennsylvania, and the vehicl operated by the Defendant. As to the remainder of the allegations in Paragraph 2, Defendant i without sufficient information as to the truth or falsity of said averments, therefore, sal averments are denied and strict proof thereof is demanded at the time of trial. 505564 4. Paragraph 4 and all of its subparts set forth legal conclusions to which np response is required. To the extent a response is deemed necessary, said averments ark denied and strict proof thereof is demanded. By way of further response, Paragraph 4(g) withdrawn from the Plaintiff's Complaint pursuant to a Stipulation between the parties. 5. Insofar as Paragraph 5 refers to a written document, the document speaks itself. 6. Insofar as Paragraph 6 refers to a written document, the document speaks itself. 7. Insofar as Paragraph 7 refers to a written document, the document speaks itself. 8. After reasonable investigation, Defendant is without sufficient information as the truth or falsity of said averments. Therefore, said averments are denied and strict thereof is demanded at the time of trial. 9. After reasonable investigation, Defendant is without sufficient information as the truth or falsity of said averments. Therefore, said averments are denied and strict thereof is demanded at the time of trial. 10. Paragraph 10 sets forth a legal conclusion to which no response is required. T the extent a response is deemed necessary, said averments are denied and strict proof th is demanded at the time of trial. WHEREFORE, Defendant, Max McAllister, respectfully requests this Honorable Cour enter judgment in his favor and against the Plaintiff without costs imposed upon him. NEW MATTER By way of additional answer and reply, Defendant, Max McAllister raises the followi new matter: 11. Discovery may reveal that some or all of the Plaintiff's damages were caused acts or omissions of other persons, entities or parties other than Max McAllister. 505564 12. Discovery may reveal that some or all of the Plaintiff's damages pre-existed the date of the subject accident and were not caused or aggravated by the accident. 13. Discovery may reveal that some or all of Plaintiff's damages were caused b~ events or occurrences subsequent to the date of the alleged accident involving Max McAllister. 14. Discovery may reveal that the Plaintiff and/or its subrogee failed to mitigate damages. WHEREFORE, Defendant, Max McAllister, respectfully requests this Honorable enter judgment in his favor and that Plaintiffs' Complaint be dismissed. JOHNSON, DUF~II~'T~WART & WEIDNER BY: ~ ~~ Od~S~I Jul' Phillips Es ire Att y I . D. N 30 256 301 Market Street ~ P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: August 13, 2012 Counsel for Defendant 505564 VERIFICATION I, Max McAllister, hereby acknowledge that I am a Defendant; that I have read the foregoing Answer to Plaintiffs Complaint with New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 C.S. §4904, relating to unsworn falsification to authorities. Max McAllister Date: August ~ , 2012 505564 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Plaintiff Complaint with New Matter has been duly served upon counsel of record by the depositi same in the United States 1S` Class Mail, postage prepaid, in Lemoyne, Pennsylvania, of August 13, 2012: Paul N. Sandler, Esquire Sandler & Marchesini, P.C. 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 JOHNSON, DUFFI~, S~WART & WEIDNER By: Juli~~J Phillips 505564 SANDL;ER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY [.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 54-9300 ENCOMPASS INSURANCE COMPANY a/s/o E';ARL W. MCCLEEREY, JR. P.O. Box 908 1100 Cornwall Road n,l(1-!--)1] th Ttt?rction, NJ 08852 ' Attornev for Plaintiff -0 77 V- COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. MAX MICALLISTER 709 Flor6nce Circle Mechanicsburg, PA 17050 NO: 12-3551 PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANT, MAX MCALLISTER. Plaintiff, Encompass Insurance Company a/s/o Earl W. McCleerey, Jr., comes forth and files this Reply to the New Matter of Defendant, Max McAllister. and answers as follows: 11. Denied. It is denied that discoverv may reveal that some or all of the Plaintiff's damages were caused by acts or omissions of other persons, entities or parties other than Max McAllister. 12. Denied. It is denied that discovery may reveal that some or all of the Plaintiff's damages pre-existed the date of the subject accident and were not caused or aggrava I ted by the accident. 13. Denied. It is denied that discovery may reveal that some or all of Plaintiff's damages were caused by events or occurrences subsequent to the date of the alleged accident involving Max McAllister. 14. Denied. It is denied that discovery may reveal that the Plaintiff and/or its subrogee failed to mitigate their damages. WHEREFORE, Plaintiff, Encompass Insurance Company a/ s/ o Earl W. McCleerey, Jr., demands judgment in its favor against Defendant, Max McAllister, plus interest, costs and fees and other relief deemed appropriate by the Court. SANDIGER & MARCHESINI PAUL N. SANDLER, ESQUIRE Attorney 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) 563-9300 ENCOMPASS INSURANCE COMPANY a/s/o EARL. W. MCCLEEREY, JR. P.O. Bon: 908 1100 Cornwall Road Monmouth Junction, NJ 08852 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vS. MAX MCALLISTER 709 Florence Circle Mechanicsburg, PA 17050 NO: 12-3551 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Reply to New Matter were served on the 20`" day of August, 2012 via first class mail, postage prepaid, to all attorneys and unrepresented parties at the following addresses: Jm I la A. Phillips, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemovne, PA 17043-0109 SANDLER SINI, P.C. BY: PAUL. N. SANDLER, ESQUIRE Attorney for Plaintiff VERIFICATION 1, Paul N. Sandler, of the law firm of Sandler & Marchesini, P.C., herebv verifies that the facts set forth in the foregoing Plaintiff's Reply to Defendant, Max McAllister's 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. SANDI,,EP,,,,& MARCHESINI, P.C. ? BY:K PAUL N. SANDLER, ESQUIRE ENCOMPASS INSURANCE CO., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV~~,NIA vs. CIVIL ACTION -LAW MAX MCALLISTER., NO. 12-3551 CPJIL Defendant ORDER AND NOW, this lg ~ day of October, 2012., the appointment of a Board of Arbitrators in the above-captioned case is VACATED. George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, ~ George B. Faller, Jr., Esquire ~ Court Administrator :rlm ~Py hnGi.~`e~ `~f~q~a ~~ f ' Kevin .Hess, P. ;f. _; -. . -=; `-- , _ - ~, _. SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY LD. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 ENCOMPASS INSURANCE COMPANY a/s/o EARL W. MCCLEEREY, JR. vs. MAX MCALLIS ~ ER Attorney for Plaintiff t _, :'.J t ~ ~ t~."tip ~; ~t. •+ -., .~ ~b R i.1 ~. G iJ~~~~ ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 12-3551 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter Settled, Discontinued, and Ended. SANDLE CHESINI, P.C. r3Y:/ PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff