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HomeMy WebLinkAbout13-4465 20196180 C Y Jer DKM Sup reme Court-0-Pennsylvania � �i -� ;�R � Cou • . iif Common Pleas `ivil ~Cover he' '. ForProthowlan• Use Only: C UMBER, County Docket No: x the information collected on this form is used solely for court administration purposes. 77iis form does not supplement or replace the filing and set -ice of pleadings or other papers as required by lain' or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T ALLSTATE INSURANCE COMPANY HOGAN TRANSPORTS INC I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 12 No Is this an NMJ Appeal? 13 Yes Q No Michael J. Dougherty,76046 Name of Plaintiff /Appellant's Attorney: ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E E3 Product Liability (does not include [] Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board 'j Other: ❑ Other: 0 ❑ Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: i Updated 1/1/2011 ioi AA f , 7013 JAIL 29 Pt1 3: 07 CUMBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLSTATE INSURANCE COMPANY r Plaintiff No: vs. COMPLAINT IN CIVIL ACTION HOGAN TRANSPORTS INC PAUL J PALADINO Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty,76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106 -2614 215- 599 -1500 FAX: 215- 599 -1505 20196180 C Y Jer DKM S c: /�/ 98896 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLSTATE INSURANCE COMPANY Plaintiff VS. Civil Action No HOGAN TRANSPORTS INC PAUL J PALADINO Defendants COMPLAINT AND 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 after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) Pa. Identification No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File #20196180 ALLSTATE INSURANCE COMPANY } } Court of Common Pleas } Cumberland County } } VS. } PAUL PALADINO and } } HOGAN TRANSPORTS, INC. } NO. CIVIL ACTION — COMPLAINT 1. Plaintiff is a business organization licensed and authorized to conduct business in the State of Virginia with a place of business located at 3800 Electric Road, Roanoke, Virginia 24018. 2. Defendant, Hogan Transport, Inc., "HTI ", is a business organization licensed and authorized to conduct 'business in the State of Missouri and having as one of its places of business 1000 North 14 Street, St. Louis, Missouri 63106. 3. Defendant, Paul Paladino, is an adult individual who at all times pertinent hereto was located at Aliquippa, Pennsylvania 15001. 4. Allstate issued a police of motor vehicle insurance whereby Allstate agreed to insure the motor vehicle involved in this incident ( "Insured Vehicle "), owned by Plaintiff's insured. 5. On or about May 23, 2013, Defendant, Paladino, was the operator of a motor vehicle owned by Defendant, HTI, which vehicle did negligently, recklessly and /or carelessly collide with the Plaintiff Insured's vehicle at or near Middlesex Road and Route 11, Middlesex, Pennsylvania. COUNT ALLSTATE INSURANCE COMPANY v. PAUL PALADINO 6. Plaintiff hereby incorporates all preceding and forthcoming averments as if fully set forth at length herein. 7. The negligence and /or carelessness of the Defendant consisted of the following: a. Failing to have his motor vehicle under such control as the situation warranted; b. Operating his motor vehicle in complete disregard of the point and position of Plaintiff's vehicle; c. Failing to keep a proper lookout; d. Traveling too fast for conditions; e. Disregarding traffic control devices; f. Failing to abide by the Rules of the Road and the Motor Vehicle Code of Pennsylvania; g. Being otherwise negligent under the circumstances; and, h. Being negligent as a matter of law as may be relevant through discovery and /or at the time of trial. 8. As a direct and proximate result of Defendant's negligence, the Allstate Insured's vehicle sustained property damage and /or incurred rental charges in the amount of $1,433.44. See attached as Exhibit 1" a copy of the damage documentation which documents Plaintiff further intends to introduce at the arbitration in this matter. 9. Pursuant to the insurance policy issued by Allstate and as a result of the aforesaid payment, Allstate became subrogated to the claim of its Insured against Defendant. WHEREFORE, Plaintiff demands Judgment against Defendants, joint and severally, in the amount of $1,433.44 plus interest and costs. COUNT II ALLSTATE INSURANCE COMPANY v. HTI 10. Plaintiff hereby incorporates all preceding and forthcoming averments as if fully set forth at length herein. 11. At all times pertinent hereto, Defendant, Paladino, was acting as the agent, servant, workman and /or employee of Defendant, HTI, in the course and scope of his employment and /or with the express and /or implied permission of Defendant, HTI. 12. Defendant, HTI, is liable for the acts and /or omissions of Defendant, Paladino. 13. As a direct and proximate result of Defendant's negligence, the Allstate Insured's vehicle sustained property damage and /or incurred rental charges in the amount of $1,433.44. See attached as Exhibit "1" a copy of the damage documentation which documents Plaintiff further intends to introduce at the arbitration in this matter. 14. Pursuant to the insurance policy issued by Allstate and as a result of the aforesaid payment, Allstate became subrogated to the claim of its Insured against Defendant. WHEREFORE, Plaintiff demands Judgment against Defendants, joint and severally, in the amount of $1,433.44 plus interest and costs. WELTMAN, WEINBE & REIS, CO., L.P.A. Michael 0ougherty, Esquire PA 1. D. 9 76046 325 Chestnut Street Suite 501 Philadelphia, PA 19106 (215) 599 -1500 WWR #09263501 EXHMIT 1 Report Date: 06/11/2013 Payment Ledger Policy Holder: WILLIAM WASHINGTON Total Amount Paid $933.44 Participant: WILLIAM WASHINGTON Medical Deductible: $0.00 Date of Loss: 05/23/2013 Co-payment Amount $0.00 Clain] Number: 0287666044 Payment/Credit Pa ee/Pa or Date Y Y Check# Amount 05/31/2013 WILLIAM WASHINGTON 550242748 $ 933.44 Allstate Fire and Casualty Ins. Co. Harrisburg Claim Office 6345 Flank Drive Suite 1000 Harrisburg, PA 17112 Phone: (800) 726 -8890 Claim #: 0002876660441301 Workfile ID: ba2e9b23 Estimate of Record Written By: RYAN CALE, License Number: 557484, 5/31/2013 9:51:37 AM Adjuster: CALE, RYAN, (717) 602 -8529 Day Insured: WILLIAM Policy #: 000908848045 Claim #: 0002876660441301 WASHINGTON Type of Loss: Collision Date of Loss: 05/23/2013 12:00 PM Days to Repair: 5 Point of Impact: 05 Right Rear Deductible: 500.00 Owner: Inspection Location: Appraiser Information: Repair Facility: WILLIAM WASHINGTON West Shore Drive -In rcale @allstate.com 3 PRICKLY PEAR DR 5015 Trindle Rd (717) 602 -8529 CARLISLE, PA 17013 -8546 Mechanicsburg, PA 17050 (717) 497 -7341 Other Drive -in BLACKDRAGONSI0 @YAHOO. C OM VEHICLE Year: 2002 Color: black Int: License: masterbo Production Date: Make: LINC Body Style: 4D SED State: PA Odometer: 47597 Model: LS Engine: 8- 3.9L -FI VIN: 1LNHM87A22Y638710 Condition: TRANSMISSION Wood Interior Trim Steering Wheel Controls 4 Wheel Disc Brakes Automatic Transmission Dual Mirrors Message Center SEATS Overdrive Console /Storage RADIO Leather Seats POWER CONVENIENCE AM Radio Bucket Seats Power Steering Air Conditioning FM Radio WHEELS Power Brakes Rear Defogger Stereo Aluminum /Alloy Wheels Power Windows Tilt Wheel Search /Seek PAINT Power Locks Cruise Control CD Chan er /Stacker 9 Clear Coat Paint Power Driver Seat Telescopic Wheel SAFETY OTHER Power Passenger Seat Intermittent Wipers Anti -Lock Brakes (4) Traction Control Power Mirrors Climate Control Driver Air Bag Fog Lamps Heated Mirrors Keyless Entry Passenger Air Bag DECOR Alarm Front Side Impact Air Bags 5/31/2013 9:51:38 AM 111758 Page 1 Claim #: 000287666044D01 Workfile ID: ba2e9b23 Estimate of Record 2002 LINC LS 4D SED 8- 3.9L -FI black Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 BACK GLASS 2 * Rpr Back glass FORD 0 0.00 0.0 NOTE: rope 3 QUARTER PANEL 4 * Rpr RT Quarter panel 0 0.00 8_0 2.2 5 Add for Clear Coat 0 0.00 0.0 0.9 6 Repl Fuel door XW4Z54405A26AA 1 66.78 0.3 0.3 7 Add for Clear Coat 0 0.00 0.0 0.1 8 # Refn Additional Clear Coat 0 0.00 0.0 1.0 NOTE: clear into roof ----- ----- . _.,.,, ,_ ... _ ._ ..._ , __.._....... _.. _ ..,....... _ _ _.... , _._._ _ ....... 9 REAR LAMPS 10 R &I RTTail lamp assy quarter 0 0.00 0.4 0.0 mounted 11 * Rpr RT Tail lamp assy quarter 0 0.00 0_2 0.0 mounted NOTE: wet sand and buff 12 REAR BUMPER 13 R &I R&I bumper cover 0 0.00 1.0 0.0 14 * <> Rpr Bumper cover w/o Sport pkg. 0 0.00 0_5 2.5 15 Overlap Major Non -Adj. Panel 0 0.00 0.0 -0.2 16 Add for Clear Coat 0 0.00 0.0 0.5 17 Repl Cover molding XW4Z17C830AA 1 159.55 0.4 0.0 18 # Refn Partial Refinish w/ Full Clear 0 0.00 0.0 -1.0 19 R&I Valance panel LS 0 0.00 0.3 0.0 20 ** Repl A/M Cover Car 1 5.00 0.1 0.0 21 ** Repl A/M Corrosion Protection 1 10.00 0.1 0.0 22 # Rpr Floor set up 0 0.00 1.0 0.0 23 # Color Tint - minor 1 0.00 0.0 0.5 NOTE: to save door blend 24 ** Repl A/M Flex Additive 1 8.00 0.0 0.0 25 # Rpr Weld tabs 0 0.00 0.2 0.0 26 # Rpr Unibody Pull 0 0.00 1.0 F 0.0 27 ** Repl A/M Weld Thru Primer 1 5.00 0.0 0.0 28 OTHER CHARGES 29 # E.P.C. 1 3.00 SUBTOTALS 257.33 13.8 6.8 5/31/2013 9:51:38 AM 111758 Page 2 Claim #: 0002876660441301 Workfile ID: ba2e9b23 Estimate of- Record 2002 LINC LS 4D SED 8- 3.9L -FI black ESTIMATE TOTALS Category Basis Rate Cost $ Parts 254.33 Parts Discount $ 226.33 -10.0% -22.63 Body Labor 12.8 hrs @ $ 46.00 /hr 588.80 Paint Labor 6.8 hrs @ $ 46.00 /hr 312.80 Frame Labor 1.0 hrs @ $ 46.00 /hr 46.00 Paint Supplies 6.8 hrs @ $ 25.00 /hr 170.00 Other Charges 3.00 Subtotal 1,352.30 Sales Tax $ 1,352.30 @ 6.0000% 81.14 Total Cost of Repairs 1,433.44 Deductible 500.00 Total Adjustments 500.00 Net Cost of Repairs 933.44 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUPPLEMENT REQUEST PROCESS INSTRUCTIONS: ATTENTION REPAIR FACILITY - -in order to review your supplement request. Please complete the supplement request form thoroughly and fax it to 1- 866 - 587 -9857 by submitting this form,this is not an authorizatio to repair. ALL SUPPLEMENTS MUST HAVE PRIOR APPROVAL. FAILURE TO DO SO WILL RESULT IN NON - PAYMENT OF NON - APPROVED SUPPLEMENT Tear down and attempted pulls MUST BE COMPLETED prior to request. Supplement Hotline: 1 -866 587 -9857 Supplement Request Fax Line: 1 -866 587 -9857 *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 5/31/2013 9:51:38 AM 111758 Page 3 Claim #: 000287666044DOI Workfile ID: ba2e9b23 Estimate of Record 2002 LINC LS 4D SED 8- 3.9L -FI black ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D= DISCONTINUED PART A= APPROXIMATE PRICE B =BODY LABOR D= DIAGNOSTIC E= ELECTRICAL F =FRAME G =GLASS M= MECHANICAL P =PAINT LABOR S= STRUCTURAL T =TAXED MISCELLANEOUS X =NON TAXED MISCELLANEOUS ADJ= ADJACENT ALGN =ALIGN A /M= AFTERMARKET BLND =BLEND CAPA= CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D &R= DISCONNECT AND RECONNECT EST= ESTIMATE EXT. PRICE =UNIT PRICE MULTIPLIED BY THE QUANTITY INCL= INCLUDED MISC = MISCELLANEOUS NON -ADJ =NON ADJACENT O /H= OVERHAUL OP= OPERATION NO =LINE NUMBER QTY = QUANTITY RECOND = RECONDITION REFN= REFINISH REPL = REPLACE R &I= REMOVE AND INSTALL R &R= REMOVE AND REPLACE RPR= REPAIR RT =RIGHT SECT = SECTION SUBL = SUBLET LT =LEFT W /O= WITHOUT W /_= WITH /_ #= MANUAL LINE ENTRY * =OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. * *= DATABASE LINE WITH AFTERMARKET N =NOTES ATTACHED TO LINE NAGS = NATIONAL AUTO GLASS SPECIFICATIONS. MQVP = MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM = ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT MANUFACTURER (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 SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. 5/31/2013 9:51:38 AM 111758 Page 4 Claim #: 000287666044D01 Workfile ID: ba2e9b23 Estimate of Record 2002 LINC LS 4D SED 8- 3.9L -FI black Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DR2KD00, CCC Data Date 5/1/2013, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE /Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships. Asterisk ( *) or Double Asterisk ( * *) indicates that the parts and /or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign ( —) items indicate MOTOR Not - Included Labor operations. The symbol ( < >) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non - Original Equipment Manufacturer aftermarket parts are described as Non OEM or A /M. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign ( #) items indicate manual entries. Some 2012 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m =MOTOR Mechanical component. s =MOTOR Structural component. T= Miscellaneous Taxed charge category. X= Miscellaneous Non -Taxed charge category. SYMBOLS FOLLOWING LABOR: D= Diagnostic labor category. E= Electrical labor category. F =Frame labor category. G =Glass labor category. M= Mechanical labor category. S= Structural labor category. (numbers) 1 through 4 =User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.= Adjacent. Algn.= Align. ALU= Aluminum. A /M= Aftermarket part. Bind= Blend. BOR =Boron steel. CAPA= Certified Automotive Parts Association. D &R= Disconnect and Reconnect. HSS =High Strength Steel. HYD= Hydroformed Steel. Incl.= Included. LKQ =Like Kind and Quality. LT =Left. MAG= Magnesium. Non -Adj. =Non Adjacent. NSF =NSF International Certified Part. O /H= Overhaul. Qty= Quantity. Refn = Refinish. Repl= Replace. R&I= Remove and Install. R &R= Remove and Replace. Rpr= Repair. RT= Right. SAS= Sandwiched Steel. Sect = Section. Subl= Sublet. UHS =Ultra High Strength Steel. N= Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Information Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR= Bureau of Automotive Repair. EPA= Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR= Paintless Dent Repair. VIN = Vehicle Identification Number. 5/31/2013 9:51:38 AM 111758 Page 5 Claim #: 000287666044D01 Workfile ID: ba2e9b23 Estimate of Record 2002 LINC LS 4D SED 8- 3.9L -FI black IMPORTANT INFORMATION ABOUT THE NAMED INSURANCE COMPANY'S 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 MAY INCLUDE COSMETIC OUTER BODY CRASH PARTS SUCH AS HOODS, FENDERS, BUMPER COVERS, ETC. THE INSURANCE COMPANY 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 THE INSURANCE COMPANY'S EXPENSE. THIS GUARANTEE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PART. 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, THE INSURANCE COMPANY WILL SPECIFY THE USE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS, EITHER NEW OR RECYCLED AT THE INSURANCE COMPANY'S OPTION, AT NO ADDITIONAL COST TO YOU. THE INSURANCE COMPANY DOES NOT SEPARATELY GUARANTEE THE PERFORMANCE OF ORIGINAL EQUIPMENT MANUFACTURER PARTS, AND MAKES NO REPRESENTATION ABOUT THE AVAILABILITY OF ANY MANUFACTURER'S GUARANTEE. 5/31/2013 9:51:38 AM 111758 Page 6 t. �I a + I � �� III If I��14jlli 'I'flii,�, +ilpi�l, °IjIIVII�I��, x A AL i i F E t i.. d'� 9 d 8� S - �. ��, 9 /-s i' : .. .. .. .� � ....a,2 �..� � � «� .� � m.. .... .� e: . . . :� : : .. . :� : .: ... . 9� 2 � � � y . � � � � » .� y . � �� � \ � :� w � y \\ \m »: � w . , r > :� a :. : . �� � � � � . : a a «. : . , . . :.�: , . a. w . w . <« � <� = .. � » « 7 m� \�: .y y y — , ».«� \� � 2� � v /\ � � � t� � � � � \. �� ©? ^ ^^ < \� Z /\ . ., � , w. . . . y � \ \ � 2 - ��\ . \,� . \ � \� 2. /� � � � \�� �\ �� � .»� � «.» \\ . w :� \�C2<2 \�� ,\ «,� � ° : 2� «� .� 3. : -- © � �Ja� \\ � .� /� \�� / «`� ± y . a; f/ » \� � �� _ � � »�� �: � \� \� \� /<� «:& - -� - a w © » w2 ��� \yx /� � ^� . � � � \ \ � § \ \� .� � � \ � � � . . � \ � \� � � � � � � \ \ / � .. � : , ��� \\ � � � � ,\ . � = � � \ \ \\ \ . � \ � /� � � � � \� � . , > \ , y .. . x �� � > : �� \ � � : ~ \ � j � �� � . \: .�� � \� � � \ / \� . :.� � y .� : � % ~ # � ^� &> � r T; w� « � � / ��¥� \ �� £ . �� � . . ,. «k��� \ .�� : :� � g . . ; ' : � »� f >� . � r�l�� „��� ” � � I li I � i � �y'I �;•z r �z m �a� > y ,. y� K . � ; \ \ \� \ \> { /� . � , � \ \� , \ � . . \ \ \� \ . � � \� \ .: � . \�� � � � � � ` : \ . \ � \\ � � \�� � \ \ ( �\ � {� � f , � � . \ � � , . � � /. ° , � . § � ( � : � \ � �� ` ��. � \ / � � . . . .< ^< >\ � �� ` ° � . � ^ � \ . . . $\ � . \ � \\ � � . . \ ) \ \� ?� � \� : � . . � \\ �� ©�� : �y� \ \ � : . z � � \� A _ � < � \ � `� \�� � . . >� , � � � /.s � ? » } ����. . , ��� , >\ : . �_ : � y . . . . h VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Complaint are true and correct to the best of my knowledge, information and /or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Mich J. Dougherty Date f i� WELTNIAN,WEINBERG&REIS CO.,L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 c. Phone: 215.599.1500 Fax: 215.599.1505 File#20196180 1Y C CD a=mt ALLSTATE INSURANCE COMPANY :=-F �© CD ? CUMBERLAND County t Court of Common Pleas "D vs. PAUL J PALADINO HOGANT TRANSPORTS INC No.: 13-4465 CERTIFICATE OF SERVICE TO THE PROTHONOTARY: On August 8, 2013 Plaintiff served its Complaint in Civil Action upon Defendant, Hogan Transports Inc at 1000 N 4th Street, St Louis, MO 63106 by certified mail, return receipt requested and first class, United States mail, postage-prepaid. The United States Postal Service Track & Confirm receipt number is 7196 9008 9040 1900 7572. WELTMAN, WEINBERG IS CO., L.P.A. By Michael J. Dougherty, Esquire Attorney for Plaintiff UNITED STATES POSPAL SERVICE-., Date Produced: 08/12/2013 WALZ CERTIFIED MAIL SOLUTIONS LLC The following is the delivery information for Certified MaiITM item number 7196 9008 9040 1900 7572. Our records indicate that this item was delivered on 08/08/2013 at 10:14 a.m. in SAINT LOUIS, MO, 63106. The scanned image of the recipient information is provided below. Signature of Recipient: j�oD1 �f Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F ILED-OFTICL Jody S Smith 't't Otp�t nay r�#,x 0'r- THE PROTI•iONOTARY r' r� Chief Deputy ` 2013 AUG 23 M 24 26 *. Richard W Stewart Solicitor OFE ICE OFTPESPEFgr-- CUMBERLAND COUNTY PENNSYLVANIA Allstate Insurance Company vs. Case Number Hogan Transports Inc. (et al.) 2013-4465 SHERIFF'S RETURN OF SERVICE 08/09/2013 10:46 PM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Paul J Paladino, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Beaver, Pennsylvania to serve the within Complaint& Notice according to law. SHERIFF COST: $37.00 SO ANSWERS, —4Z August 20, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. F L E11) i ("�C: WELTMAN,WEINBERG & REIS CO.,L.P.A. �t 3 TAR'- BY: Benjamin W. Lawrence Attorney for Plainti f I.D.No. 209032 T151 OCT 23 PM I: 325 Chestnut Street Suite 501 CUMBERLAND COUNTY Philadelphia, PA 19106 PENNSYLVANIA Phone: (215) 599-1500 Fax: (215) 599-1505 File#20196180 BWL/TWI ALLSTATE INSURANCE COMPANY CUMBERLAND County Court of Common Pleas VS. No.: 13-4465 HOGAN TRANSPORTS INC PAUL J PALADINO ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended . WELTMAN, WEINBERG& REIS CO., L.P.A. By Benjamin W. Lq(werkC, Esquire Attorney for Plaintiff 11111111111 IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII Till IIII