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HomeMy WebLinkAbout13-7580 Supreme Co ennsylvania a Cour# . O ho leas For Prothonotary Use (Only. C 1 � # Docket No: CU LAND; County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CHUBB INDEMNITY INS. CO. A /S /O SUPINKA MAGDALENE HENCH T' Are money damages requested? Yes No Dollar Amount Requested: Owithin arbitration limits I (check one) Ooutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: PAUL N. SANDLER, ESQUIRE 0 Check here if you have no attorney (are a Self-Represented 1Pro 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 0 Intentional ( Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment n Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) Slander /Libel/ Defamation Discrimination Other: Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O < MASS TORT 0 Asbestos N [3 Tobacco E] Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: El Ejectment E] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute Non - Domestic Relations [I Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto 0 Dental E] Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical ❑ Other: 0 Other Professional: Updated 1/1/2011 SANDLER & MARCHESINI, P.C. - ' ' 4 BY: PAUL N. SANDLER, ESQUIRE Attorney for Plazrlgf# ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 IA Philadelphia, PA 19102 I �` �` `" ' lL`ilArd (215) 568 -9300 CHUBB INDEMNITY INSURANCE COURT OF COMMON PLEAS COMPANY a/ s/ o MICHAEL CUMBERLAND COUNTY AND VIVIAN SUPINKA NO. /3 V. MAGDALENE HENCH CIVIL ACTION NOTICE AV1SO You have been sued in court. If you wish to defend Le ban demandado a usted en la torte. Si usted quiere against the claims set forth in the following pages, you must take defenderse de estas demandas expuestas en las paginas siguientes, action within twenty (20) days after the complaint and notice are usted tiene veinte (20) dias de plazo al partir de la fecha de la served, by entering a written appearance personally or by attorney demanda y la notification. Place falta asentar una comparencia and tiling in writing with the court your defenses or objections to the escrita o en persona o con on abogado y entregar a la torte en forma claims set forth against you. You are warned that if you fail to do so escrita sus defensas o sus objeciones a las demandas en contra de su the case may proceed without you and a judgment may be entered persona. Sea avisado que si usted no se defiende, la torte tomara against you by the court without further notice for any money medidas y puede continuer la demanda en contra soya sin previo claimed in the complaint or for any other claim or rel ief requested by aviso o notification. Ademas, la torte puede decidir a favor del the plaintiff. You may lose money or property or other rights demandante y requiere que usted cumpla con todas las provisiones important to you. de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT LLEVE ESTA DEMANDA A UN ABOGADO AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA HELP. EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA Court of Common Pleas AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA Cumberland County LEGAL. I Court House Square Court of Common Pleas Carlisle, Pennsylvania 17013 717- 240 -6200 Cumberland County I Court House Square Carlisle, Pennsylvania 17013 717 - 240 -6200 �. a4Q 7 6� SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568 -9300 CHUBB INDEMNITY INSURANCE COURT OF COMMON PLEAS COMPANY a/ s/ o MICHAEL CUMBERLAND COUNTY AND VIVIAN SUPINKA 600 Independence Parkway P.O. Box 4700 Chesapeake, VA 23327 -4700 NO. V. MAGDALENE HENCH 154 N. West Street Carlisle, PA 17013 CIVIL ACTION COMPLAINT 1. Plaintiff is an insurance company authorized to underwrite policies of insurance in the Commonwealth of Pennsylvania with an office at the above - stated address. 2. Defendant, Magdalene Hench, is an individual residing at the above - stated address. 3. At all times relevant hereto, the Plaintiff provided a policy of insurance on a vehicle owned by Michael and Vivian Supinka which was parked on the 100 block of South College Street, Carlisle, Pennsylvania. 4. On or about November 3, 2012, Defendant and/or an agent, servant, workman and /or employee of the Defendant, did so negligently and carelessly operate a vehicle causing said vehicle to collide with the Plaintiff's insureds' parked vehicle and causing the damages set forth more fully hereinafter. 5. The negligence and carelessness of the Defendant and/ or by and through her agent, servant, workman and/or employee, consisted of the following: (a) Operating a motor vehicle without due regard for the rights, safety and position of the Plaintiff's insureds 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 insureds 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. 6. As a result of the aforesaid negligence and carelessness, Plaintiff's insureds' vehicle sustained total damages as evidenced by a true and correct copy of the total loss evaluation attached hereto, made part hereof and referred to as Exhibit "A ". 7. As a result of the aforesaid negligence and carelessness, Plaintiff's insureds' incurred towing, storage charges and salvage expenses as evidenced by a true and correct copy of the invoice attached hereto, made part hereof and referred to as Exhibit "B ". 8. In accordance with the terms of its policy, after receiving a credit for salvage, Plaintiff paid its insureds the sum of $18,868.00 including the insureds' deductible. 9. As a result of the aforesaid payment, Plaintiff is subrogated to all right, title and interest in and to its insureds' claim. WHEREFORE, Plaintiff, Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka, demands judgment against Defendant, Magdalene Hench, in the sum of $18, 868.00 together with interest from November 3, 2012 and the costs of suit. SAN E MARCHESINI, P.C. By: PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff V ERIFICATION I, Ado%✓`/ as &CCCt y S&CryrSJ n (nam� (capacity) of C ��*, 6« "'(p and as such being duly authorized to take this Verification on behalf of CO . do hereby verify (corporation) that the statements made in the foregoing Complaint in Civil Action 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. DATED: /Z-�iZ- k.5 BY: C L KNISTIE . YLIN Notary Public - Reg. # 347485 Ow Co Commonwealth of Virginia mmission E)ires July 31, 2016 Exhibit "A" 'A u Sokr. datex compaiy AUtosourC@ Market - Driven Valuation TM Administrative Data Grieco Appraisal Sery Claimant Chubb Group of Ins Cos Insured Michael Supinka Eastern IA's Branch Claim 040512120812 600 Independence Parkway Loss Date 11/02/2012 Chesapeake VA 23327 -4700 Loss Type Collision Policy Other Primary Impact 12 Repair Estimate 15114.95 Inspection City Indiana Inspection State PA Appraiser Name Katherine Stewart Total Loss yes VINSOURCE Analysis VIN JN8AS5MV1AW103836 Decodes as 2010 Nissan Rogue SL 4WD 4D Wagon Accuracy Decodes Correctly History No activity was reported NICB Report No NICB /ISO Activity Reported Phone Number Analysis No Vehicles Advertised at (724) 422 -7838 Valuation Summary See N.A.D.A See Valuation Autosource/ Value Section Detail Section N.A.D.A. N.A.D.A. Retail Autosource Average Base Price $18,700 $18,340 $18,520 Engine Transmission Odometer 1,850 1,010 1,430 Equipment 75 -470 -198 Value Before Adjustments $20,6251 $18,880 $19,753 2010 Nissan Rogue SL 4WD 4D Wagon Value Before Condition Adjs. $18,8801 $19,753 Suggested Total Condition Adj. 0 Total $19,753 General Sales Tax 6.000% 1,185.18 Title Fee 0.00 Transfer Fee 0.00 Deductible -0.00 Net Adjusted Value 20,938.18 Salvage /Other - Salvage Valuation Vehicle Data Inspection Location Indiana, PA Autosource Market Value $19,753 Repair Estimate $15,115 Total Loss Percentage 76.52% Point of Impact Front Salvage Value Predicted Salvage Value $5,241 Low Salvage Value $4,640 High Salvage Value $5,717 Number of Vehicles 23 This salvage value was provided by Copart on November 13, 2012. Salvage Value is derived from data provided to Audatex by Copart. Since the Salvage Value is a prediction of gross salvage return, there is no guarantee that the salvage vehicle will be sold for the predicted value. Neither Copart nor Audatex can, or will, be an insurer or guarantor of the accuracy or reliability of the Copart data. The above information is provided as a tool to assist the insurance company in determining whether a vehicle is economically repairable. The determination of whether a motor vehicle is a total loss is solely the responsibility of the insurance company. Loss Vehicle Valuation 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 15701, as determined by the vehicle owner's principally garaged area. Autosource located 51, 2010 Nissan Rogue 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 51 comparable vehicles is $984,594 for an average price of $19,306. 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 2010 Nissan Rogue, the difference between the asking price and selling price is generally 5 %. 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 5.50 cents per mile has been applied. Taking into consideration the vehicle specifics, the fair market value is $19,753. Claim 040512120812 Request 31759475 Page 2 2010 Nissan Rogue SL 4WD 4D Wagon Vehicle Valuation Detail Typical Vehicle Loss Vehicle Adjustment City /State Indiana, PA Indiana, PA Price $18,340 $18,340 Year 2010 2010 Make Nissan Nissan Model Rogue Rogue Edition SL SL Door 4D 4D Body Wagon Wagon Drive 4WD 4WD Size Not Applicable Not Applicable Engine 4 Cylinder 2.5 Engine 4 Cylinder 2.5 Engine 0 Transmission Continuously Variable Tr Continuously Variable Tr 0 Color Not Applicable White Odometer 37,380 Mi(Typical) 18,975 Mi(Actual) 1,010 Equipment Convenience Options Air Conditioning Air Conditioning Tilt Steering Wheel Tilt Steering Wheel Tire Pressure Monitor Tire Pressure Monitor Strg Wheel Radio Control 0 Floor Mats Floor Mats Cruise Control Cruise Control Rear Window Defroster Rear Window Defroster Illuminated Visor Mirror Illuminated Visor Mirror Other Optional Equipment Center Console Center Console Traction Control System Traction Control System Fog Lights 0 Anti -Lock Brakes Anti -Lock Brakes Head Airbags Head Airbags Halogen Headlights Halogen Headlights Intermittent Wipers Intermittent Wipers Keyless Entry System Keyless Entry System Lighted Entry System Lighted Entry System Privacy Glass Privacy Glass Overhead Console Overhead Console Roof /Luggage Rack Roof /Luggage Rack Side Airbags Side Airbags Dual Airbags Dual Airbags Tinted Glass Tinted Glass Trip Computer Trip Computer Tachometer Tachometer Skid Plates Skid Plates Stability Cntrl Suspensn Stability Cntrl Suspensn Rear Window Wiper/Washer Rear Window Wiper/Washer Power Accessories Power Door Locks Power Door Locks Claim 040512120812 Request 31759475 Page 3 2010 Nissan Rogue SL 4WD 4D Wagon Typical Vehicle Loss Vehicle Adjustment Power Brakes Power Brakes Power Windows Power Windows Power Steering Power Steering Power Mirrors Power Mirrors Radio /Phone /Alarm Options AM /FM CD Player AM /FM CD Player Bose Sound System 0 Alarm System Alarm System Roof Options Power Moonroof -470 Seat Options Velour /Cloth Seats Velour /Cloth Seats Bucket Seats Bucket Seats Split Folding Rear Seat Split Folding Rear Seat Wheel Options Aluminum /Alloy Wheels Aluminum /Alloy Wheels Packages Cargo Mat Set Cargo Mat Set Autosource Value Before Condition Adjustments 18,880 Seats Good Good Carpets Good Good Int Trim Good Good Glass Good Good Headliner Good Good • Body Good Good Paint Good Good Ext Trim Good Good Mechanical Engine Well Maintained Well Maintained Transmission Well Maintained Well Maintained Front Tires Good Good Rear Tires Good Good Total 0 Prior Damage 0 Condition Adjustment 0 Net Condition Adjustment 0 Total $18,880 N.A.D.A.Value ** * *N.A.D.A. Vehicle Description: 2010 NISSAN Rogue -4 Cyl. Utility 4D SL AWD N.A.D.A. values are as of November, 2012 from the Eastern Edition. Base Value $18,700 Mechanical Engine $0 Transmission $0 Equipment Claim 040512120812 Request31759475 Page 4 2010 Nissan Rogue SL 4WD 4D Wagon Aluminum /Alloy Wheels Included Luggage Rack 75 Equipment Subtotal $75 Mileage: 18,975 Mi $1,850 r_"rtrmvrtmroin $20,625 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. 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. Valuation Notes • Adjustments of Special Note • A mileage adjustment of 5.50 cents per mile /kilometer has been applied. This adjustment is based on the vehicle year, vehicle category and market area. Mileage adjustments are capped at 40% of the vehicle's starting value. • No special adjustments were made for this vehicle. • Information provided by Chubb Group of Ins Cos ° Loss vehicle description was provided by Chubb Group of Ins Cos ° 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 Indiana, Pennsylvania. ° The VIN decoded correctly. • Other Adjustments or Comments ° The tax was calculated based on a date of loss of 11/02/2012 using zip 15701, in Indiana, Indiana County, Pennsylvania. The city may vary from search area to reflect correct tax location. Original Equipment Guide Engine Options Transmission Options * 4 Cylinder 2.5 Engine STD Continuously Variable Tr STD Other Optional Equipment Convenience Options * Anti -Lock Brakes STD * Air Conditioning STD Chrome Grille $170 Automatic Dimming Mirror * Center Console STD * Cruise Control STD * Dual Airbags STD * Rear Window Defroster STD Fog Lights TYP * Floor Mats TYP * Head Airbags STD * Illuminated Visor Mirror STD • Halogen Headlights STD Mud /Splash Guards $125 • Intermittent Wipers STD Strg Wheel Radio Control TYP • Keyless Entry System STD Trunk/Cargo Organizer • Lighted Entry System STD * Tire Pressure Monitor STD Leather Shift Knob * Tilt Steering Wheel STD Leather Steering Wheel Power Accessories • Overhead Console STD Heated Power Mirrors • Privacy Glass STD Power Drivers Seat • Roof /Luggage Rack STD * Power Brakes STD Claim 040512120812 Request 31759475 Page 5 iw1 vi i I icuuiui I iNa uUNWt vcuw v i v Roof Options Heated Front Seats Power Moonroof $950 Leather Seats Wheel Options * Split Folding Rear Seat STD * Aluminum /Alloy Wheels STD * Velour /Cloth Seats STD Option Packages Aluminum Kick Plate $130 * Cargo Mat Set $185 Includes Floor Mats, Cargo Protector(s) Leather Package $1,950 Includes Automatic Dimming Mirror, Power Drivers Seat, Heated Front Seats, Leather Shift Knob, Leather Steering Wheel, Leather Seats, Pwr Driver Lumbar Supp, Power Windows Premium Package $2,230 Includes Bose Sound System, Fog Lights, AMIFM In -dash CD Changer, Strg Wheel Radio Control, Trunk/Cargo Organizer, Tonneau /Cargo Cover, Camper/Towing Package, Xenon Headlamps, XM Satellite Radio, Intelligent Key, Bluetooth Hands -Free System Rear Bumper Protector $60 Base retail price $23,930 Loss Vehicle manufacturer's suggested retail price as reported $24,115 Editions available for the same body style (in order of original cost, increasing): S, *SL, S Krom * Indicates loss vehicle equipment. Recall Bulletins No recall bulletins have been issued that apply to this vehicle Pennsylvania Regulatory Statement 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. Claim 040512120812 Request 31759475 Page 6 2010 Nissan Rogue SL 4WD 4D Wagon Vehicle Locator Service After your claim is settled, Autosource provides free assistance in locating your next vehicle. Your request can be submitted online 24hrs. per day at http: / /www.support.audatex.us. Under Additional Services click the Autosource Vehicle Locator Service Form link to complete the VLS form. Or you can call us Monday through Friday, between 8:00 AM and 5:00 PM, Pacific time at (800)351- 3133, ext 7428. Our specialists will work with you to find a new or used vehicle in your area. About Your Valuation 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 © 2012 Audatex North America, Inc. All Rights Reserved. Claim 040512120812 Request 31759475 Page 7 Exhibit "6" LEBO'S GARAGE & TOWING, LLG 4 O� _ 301 N. COLLEGE STREET =, CARLISLE PA 17013 /vo, (717) 249 -2977 FAX: (717) 249 -8060 - __-- --------- - - - - -. -- -- ---- -- - - DATEI . � TIME . - -._ REOUESTEDBY - . -- -NO - - - -- - - - - - --- ----- NAME /! 5 or ADDRESS CITY STATE ZIP .I ,, % LOCATION OF VEHICLE YEAR, MAKE, MODEL STAT LIC. P TE NO. VEHICLE I.D. N0. REGISTERED OWNER i r �,,.� ; MILEAGE .ter± ±," ::Yv SERVICE TIME EXTRA PERSON FINISH FINISH FINISH START - � -� I-) START ' START t TOTAL { TOTAL TOTAL EaS�N �ORTOW SPECIAL EQUIPMENT j lam' ACCIDENT ❑ABANDONED ❑FLAT TIRE ❑ SINGLE LINE WiNCHING AREIE ❑ STOLEN CAR ❑ OUT OF GAS ❑ DUAL LINE WINCHING Q UNREGISTERED Cl BREAK DOWN ❑ IMPOUNDED Q STATOR BLOCKS LI TOW ZONE LI LOCK OUT L7 ❑ SCOTCH BLOCKS Q SNOW REMOVAL LI START O ❑ DOLLY .i TYPE OF TOW TOWED PER ORDER OF VEHICLE TOWED TO "cQmOIST TOW as -TATS PONICF -,,, FIRST TOW °`` .. f Y �FLAT BED I..LOCAL POLICE 1 .V L_ � #� -/✓ .-„ �' SECOND TOW DE Lp ST R G FROM �+ T0� TOWING CHARGE DAYS U $ PAD BY :'^'" �� MILEAGE CHARGE I ❑CASH Q HEM RIVERS LIC. NO. L I •."� '._ ' �'/ f ^ `'% 1 EXTRA PERSON REDITCARD QML.' SPECIAL EQUIPMENT VISA ❑ AMEX EXP. DATE ^ _ LABOR CHARGE CC NO. �' ( / '- ' f C / L`Lk STORAGE { >EJ OPERATORS SIGNATURE DATE / 7 TRUCK NO,,j� ` 6 SUB -TOTAL i AU H Al E IONA RE DAT TAX E IC R LEASED DATE TOTAL L 15 ( j Thank You I i � 1 i I LEBO S GARAGE TOWING �LE b S 301 t1 OItEGO 0 301 N COLLEGE ST � FS, CARLISLE, PA 17U1 CARLISLE, PA 17013 1 =' 11'10:2012 13:07:06 11;1012 4U4b400b Merchant ID; 0�'ii0000fi1969I19 ro 1�lerchanilD; f OZ95997 Terminal ID, 029S99i4" Terminal lD' 178262554995 178262554995 CREDIT CARD VISA SALE K yyXyxy X9791 CARD XXXX AXXXX9791 CAFiU = 7;4001 INVOICE 720001 IPlVOICE bU0473 Batch 000072 6atd1'. 06335D Approval Code 01274D ppprovai Code, SN ped Et�flY �letl od; Swiped En>ry Aletlio4'. cent Mode; Online lwlode'. SALE PIOUNT SKI C OST9�s cop CUSTOMER COPY i 'i 9 ii ;I I J 1 I 1 i Af Aron A uto Bod Inc. 1 _ +t f 1 `'�;1 irr .> t Date Invoice 4 -" 11/19/2012 h1F 15013 Bill To Ship To SAPINKA P.O. Number Perms Rep Ship Via F.O.B. Project 11/19/2012 Ouantity Item Code Desc+iPtion Price Each Amount 10 Storage Charges 10 DAYS FOR STORAGE 30.00 300.00 6.00% 0.00 I! fll�'lllIIIIIIII!Ill`IIIIIIIIIIiIII �IIIIIIIIIIhllll{ fill! lillllll�lll'lllillilllll�llll] <TAAT TOW 10868523 27233624 TOwf)OCL? Total $300.00 E J REMITTANCE: 10362601 i DATE: 01/18/2013 INSURA AUR) AUCTIONS Remittance Payable To: Insurance Auto Auctions, Inc. Chubb Group of Insurance Companies - ECSC Attn: Settlement Group PO Box 4700 15369 Dunnings Hwy Chesapeake, VA 23327 -4700 East Freedom, PA 16637 Attn: Salvage Dept Phone (8141695 -4776 Fax: {8141695 -3116 E -mail IAA_ASAP_Altoona @iaai.com Total Salvage Information Account of Sale Act_ v_ity ° ACV IAA Stock #: 000 - 10556689 Sales $5.250.00 25.00 lAA Branch: Altoona IAA Charges Fed. Tax I,D. 954455113 Consignment Flat Fee $55.00 0.26 Adjuster: Jennifer Shea Fuel Surcharge $0.00 0.00 Insured: MICHAEL & VIVIAN SUPINKA Tow $105.00 0.50 Owner: MICHAEL & VIVIAN SUPINKA Advance Chg Service Fee $0.00 0.00 Claim #: 040512120812 Re -Run Fee $0.00 0.00 Policy #: Storage Fee $0.00 0.00 Vehicle: 2010 NISSAN ROGUE IAA - Title Processing Fee $5.00 0.02 Damage: Front & Rear/ Bundled Enhancement Fee $0.00 0.00 VIN: JN8AS5MV1AW103836 Detail -Wash Only $15.00 0.07 ACV. $21,000.00 NICE Date: 1/18/2013 Less IAA Charges ($180.00) (0.88) Net IAA Return $5,070.00 24.14 Outside Charges Advanced by IAA Storage $300.00 1.43 Less Outside Charges ($300.00) (1.43) Payment Amount $4,770.00 22.71% Buyer Information Interstate Auto Center, Inc. 27276 Kenworth PI Harrisbura. SD 57032 -8102 Resale Certificate #: 43001460428791 (PA) Elanaed Days Analysis Date of Event: Date Days Loss 111/2/2012 -- Assigned 11/17/2012 16 Released 11/20/2012 4 Pickup 11/20/2012 1 Title Recd 12/24/2012 35 Sale Doc. Recd 1/4/2013 12 Auction Date 1/16/2013 13 Buyer Payment NIA 0 Remittance 1/18/2013 3 Elapsed Total Days: 78 IAA Doc. RP002.rpt 0 EC520 -130204 _i912 0358 005 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0,0i, 0114-tON, Jody S Smith Chief Deputy 'a i{t J A N -8 AM cj: Richard W Stewart Solicitor 3. w ,, P E.N SYLVRNS ' Chubb Indemnity Insurnace Company A/S/O Michael and Vivian Supinka Case Number vs. Magdalene Hench 2013-7580 SHERIFF'S RETURN OF SERVICE 12/30/2013 08:38 PM- Deputy Shawn Harrison, being duly sworn according to law, served t req ested Complaint & Notice by handing a true copy to a person representing themselves to •� Brow , friend,who accepted as"Adult Person in Charge"for Magdalene Hench at 154 N. f-t, Ca isle Borough, Carlisle, PA 17013. r SH• `1.7 +ISO► , : Y SHERIFF COST: $34.78 SO ANSWERS, December 31, 2013 RONf4Y R ANDERSON, SHERIFF 0314971136.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CHUBB INDEMNITY INSURANCE COMPANY a/s/o MICHAEL and VIVIAN S UPIN KA V. MAGDALENE HENCH ATTORNEY FOR DEFENDANT Magdalene Hench COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7580 NOTICE TO PLEAD TO: Chubb Indemnity Ins Co a/s/o Michael & Vivian Supinka, Plaintiff C/O Paul Sandler, Esq. Sandler & Marchesini, P.C. 1500 Walnut St Ste 2020 Philidelphia, PA 19102 YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), MAGDALENE HENCH, TO PLAINTIFF'S(S) COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench DATED: C9iC9-6 (14 0314971136.1- LAW OFFICES OF KENNETH S. ONEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CHUBB INDEMNITY INSURANCE COMPANY a/s/o MICHAEL and VIVIAN S UPINKA v. MAGDALENE HENCH ATTORNEY FOR DEFENDANT Magdalene Hench COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7580 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Magdalene Hench, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1 DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 2. ADMITTED. 3 DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 4. DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 5. (a-g, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 6. DENTED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 7. DENTED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 8. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. 9. DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. By way of further answer, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. WHEREFORE, Defendant, Magdalene Hench, demands Judgment in Her favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 10. Negligence of Third Party The injuries/damages allegedly suffered by the Plaintiff(s) as set forth in the Civil Actions/Complaints were caused solely by the acts, conduct, negligence, carelessness, and/or recklessness of individuals and/or entities over whom answering Defendant(s) has/have no control, nor the right to control, nor the duty to control. 11. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. WHEREFORE, Defendant, Magdalene Hench, demands Judgment in Her favor and against all parties. c, LAURIE B. 1 ILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Magdalene Hench, and the facts set forth in the foregoing pleading are true and correct to the best of Her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench CERTIFICATE OF SERVICE I do hereby certify that on February 26, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench Our File No. 0314971136.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CHUBB INDEMNITY INSURANCE COMPANY A/S/O MICHAEL AND VIVIAN SUPINKA V. MAGDALENE BENCH Al I ORNEY FOR DEFENDANT Magdalene Hench COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7580 ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Magdalene Hench, in reference to the above captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench I hereby certify that I have served .a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0314971136.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-13 Allentown, PA 18195 Telephone: (610) 398-5492 CHUBB INDEMNITY INSURANCE COMPANY A/S/O MICHAEL AND VIVIAN SUPINKA V. MAGDALENE HENCH ATTORNEY FOR DEPENDANT Magdalene Hench COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-7580 DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Magdalene Hench, Demand(s) a Jury Trial of twelve (12) in reference to the above captioned case. JAA LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. Our File No. 0314971136.1- LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101 -B Allentown, PA 18195 Telephone: (610) 398 -5492 CHUBB INDEMNITY INSURANCE COMPANY A/S /O MICHAEL AND VIVIAN SUPINKA V. MAGDALENE HENCH TO THE CLERK: ATTORNEY FOR DEFENDANT Magdalene Hench COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13 -7580 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Request for Production of Documents Directed to Plaintiff, Chubb Indemnity Ins Co a/s /o Michael & Vivian Supinka, were served this date by United States Mail, First Class, postage prepaid, upon: Paul Sandler, Esq. Sandler & Marchesini, P.C. 1500 Walnut St Ste 2020 Philidelphia, PA 19102 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Magdalene Hench Dated: February 26, 2014 Fi't -ED-OFFICE SANDLER & MARCHESINI, P.C. THE PRO THONO.IAR`i: ATTORNEY I.D. NO. 15711 2011i MR -6 PH 2,: tehney for Plaintiff BY: PAUL N. SANDLER, ESQUIRE 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 CUMBERLAND COUNTY PENNSYLVANIA CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 PLAINTIFF'S REPLY TO DEFENDANT, MAGDALENE HENCH'S NEW MATTER Plaintiff, Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka, by and through its attorneys, Sandler Sr Marchesini, P.C., comes forth and files this Reply to Defendant, Magdalene Hench's New Matter and asserts the following: 10. Denied. It is denied the injuries/ damages suffered by the Plaintiff(s) as set forth in the Civil Actions/Complaints were caused solely by the acts, conduct, negligence, carelessness, and/ or recklessness of individuals and/ or entities over whom answering Defendant(s) has/ have no control, nor the right to control, nor the duty to control. 11. Denied. It is denied the Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. WHEREFORE, Plaintiff, Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka, demands judgment against Defendant, Magdalene Hench. BY: SANDLE MARCHESINI, P.C. , PAUL T. 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) 568-9300 CHUBB INDEMNITY INSURANCE COMPANY a/s/o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH ■•■■111■11■ Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Reply to New Matter were served on the 4th day of March, 2014, via first class mail, postage prepaid, to all attorneys and unrepresented parties at the following addresses: Law Offices of Kenneth S. O'Neill Laura B. Tilghman, Esquire 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 BY: SANDLER & MARCHESINI, P.C. AUL 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 Defendant, Magdalene Hench'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. BY: SANDLER & MA CHESINI, P.C. P N. SANDLER, ESQUIRE 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 CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH .LED- L1 ICr: THE PROT HOt- O'r.LR 2U!ff Aug 4ttifr fo§ Plaintiff CUMBERLAND COUNT Y PENNS YLVAN!A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO DISCOVERY REQUESTS AND NOW, comes Plaintiff, Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka, by and through its attorneys, Sandler & Marchesini, P.C., to file the following Motion to Compel Answers to Interrogatories and Request for Production of Documents and avers as follows: 1. This is a claim arising out of damage to Plaintiff's insured's motor vehicle which occurred on or about November 3, 2012. 2. On or about March 28, 2014, Plaintiff forwarded Interrogatories and Request for Production of Documents to Defendant. A true and correct copy of the correspondence is attached as Exhibit "A". 3. Pursuant to the Pennsylvania Rules of Civil Procedure, Defendant's responses were due on or before April 28, 2014. 4. On May 7, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. A true and correct copy of the correspondence is attached as Exhibit "B". 5. On July 9, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. Plaintiff advised that if the discovery answers were not received within the next ten (10) days, Plaintiff would file a Motion to Compel. A true and correct copy of the correspondence is attached hereto as Exhibit "C". 6. On July 22, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. Plaintiff advised that if the discovery answers were not received within the next ten (10) days, Plaintiff would file a Motion to Compel. Plaintiff requested defense counsel to contact him and advise whether she concurred or opposed the Motion. A true and correct copy of the correspondence is attached hereto as Exhibit "D". 7. To date, Defendant has failed to answer Plaintiff's discovery requests. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order compelling Defendant to provide full, complete and verified answers to all Plaintiff's Interrogatories and all documents identified in Plaintiff's Request for Production of Documents within twenty (20) dates hereof. BY : SANDLER & MARCHESINI, P.C. 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) 568-9300 CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL This is a claim arising out of damage to Plaintiff's insured's motor vehicle which occurred on or about November 3, 2012. On or about March 28, 2014, Plaintiff forwarded Interrogatories and Request for Production of Documents to Defendant. A true and correct copy of the correspondence is attached as Exhibit "A". Pursuant to the Pennsylvania Rules of Civil Procedure, Defendant's responses were due on or before April 28, 2014. On May 7, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. A true and correct copy of the correspondence is attached as Exhibit "B". On July 9, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. Plaintiff advised that if the discovery answers were not received within the next ten (10) days, Plaintiff would file a Motion to Compel. A true and correct copy of the correspondence is attached hereto as Exhibit "C". On July 22, 2014, Plaintiff forwarded a correspondence to Defendant's counsel concerning Defendant's overdue discovery responses. Plaintiff advised that if the discovery answers were not received within the next ten (10) days, Plaintiff would file a Motion to Compel. Plaintiff requested defense counsel to contact him and advise whether she concurred or opposed the Motion. A true and correct copy of the correspondence is attached hereto as Exhibit "D". To date, Defendant has failed to answer Plaintiff's discovery requests. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order compelling Defendant to provide full, complete and verified answers to all Plaintiff's Interrogatories and all documents identified in Plaintiff's Request for Production of Documents within twenty (20) dates hereof. MARCHESINI, P.C. 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) 568-9300 CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 CONCURRENCE OF COUNSEL I hereby certify that I sent a letter to Defendant's counsel on July 22, 2014 attached hereto as Exhibit "C" advising that the within Motion to Compel would be filed. I requested that Ms. Tilghman contact me within ten (10) days of the correspondence to advise whether she concurred or opposed this Motion. On July 29, 2014, I received a call Ms. Tilghman and she advised me that she unable to concur. BY : SANDIER & MARCHESINI, P.C. AUL . 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) 568-9300 CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Compel Answers to Interrogatories and Request for Production of Documents was served on counsel of record for Defendant on this 31st day of July, 2014 by first class mail, postage prepaid as follows: Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 BY : SANDL r ' & ► ARCHESINI, P.C. PA L SANDLER, ESQUIRE Attorney for Plaintiff VERIFICATION I, PAUL N. SANDLER, Esquire, hereby verify that the facts set forth in the foregoing Motion to Compel Answers to Plaintiff's Interrogatories and Request for Production of Documents 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.A. Section 4904 relating to unsworn falsification to authorities. BY : SAND HESINI, P.C. PAUL N. ` A NDLER, ESQUIRE Attorney for Plaintiff Exhibit "A" • SANDLER & MARCHESINI, P.C. ATTORNEYS AT LAW PENNSYLVANIA OFFICE 1500 Walnut Street Suite 2020 Philadelphia, PA 19102 phone 115.568.9300 / fax 215,568.4776 email: TCohen@Sandler-Marchesini.com March 28, 2014 Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 a NEW JERSEY OFFICE 1040 Kings Highway North Suite 300 Cherry Hill, NJ 08034 phone 856.663.7171 /fax: 856.663.7222 Re: Chubb Indemnity Insurance Company a/s/o Michael and Vivian Supinka v. Magdalene Hench Cumberland County CCP, No.: 13-7580 Dear Ms. Tilghman: Enclosed please find Plaintiff's Interrogatories and Request for Production of Documents addressed to Defendant, Magdalene Hench. Kindly respond in the time prescribed by the Pennsylvania Rules of Civil Procedure. Very truly yours, Enclosures GAINS \CHUBB \SUPINKA\CORRESPONDENCE \Tilghman.03-28-14.wpd Exhibit "B" • SANDLER & MARCHESINI, P.C. ATTORNEYS AT L A W PENNSYLVANIA OFFICE 1500 Walnut Street Suite 2020 Philadelphia, PA 19102 phone 215.568.9300 /fax 215.568.4776 email: psandle;^ a candler-marchesini.com May 7, 2014 Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 NEW JERSEY OFFICE 1040 Kings Highway North Suite 300 Cherry Hill, NJ 08034 phone 856.663.717/ /fax: 856.663.7222 Re: Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka v. Magdalene Hench Cumberland County CCP, No.: 13-7580 Dear Ms. Tilghman: On March 28, 2014, we forwarded you Interrogatories and a Request for Production of Documents addressed to Defendant, Magdalene Hench. Your client's answers are overdue. I would appreciate your attention to same. PNS/ tms G:\IVNS\CH U BB\SUPINKA\CORRESPONDENCE\Ti Ighman.5-7-14. wpd Exhibit "C" SANDLER & MARCHESINI, P.C. ATTORNEYS AT L A W PENNSYLVANIA OFFICE 1500 Walnut Street Suite 2020 Philadelphia, PA 19102 phone 215.568.9300/fax 215.568.4776 email: TCohen@Sandler-Marchesini.com July 9, 2014 Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 NEW JERSEY OFFICE 1040 Kings Highway North Suite 300 Cherry Hill, NJ 08034 phone 856.663.7171 /fax: 856.663.7222 Re: Chubb Indemnity Insurance Company a/s/o Michael and Vivian Supinka v. Magdalene Hench Cumberland County CCP, No.: 13-7580 Dear Ms. Tilghman: On March 28, 2014, we forwarded you Interrogatories and a Request for Production of Documents addressed to Magdalene Hench. We have not received answers to the same. If we do not receive the discovery answers in the next ten (10) days, we will file a Motion to Compel. Very Truly Yours, ODD S. COHEN TSC/tms G:\I\INS\CHUBB\SUPINKA\CORRESPONDENCE\Til ghman.07-09-14.wpd Exhibit "D" S PENNSYLVANIA OFFICE 1500 Walnut Street Suite 2020 Philadelphia, PA 19102 phone 215.568.9300 / fax 215.568.4776 email: psandlet@sandler-marchcsitti.com SANDLER & MARCHESINI, P.C. A1TORNEYS AT L A W July 22, 2014 Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 NEW JERSEY OFFICE 1040 Kings Highway North Suite 300 Chevy Hill, NJ 08034 phone 856.663.7171 /fax: 856.663.7222 Re: Chubb Indemnity Insurance Company a/ s/ o Michael and Vivian Supinka v. Magdalene Hench Cumberland County CCP, No.: 13-7580 Dear Ms. Tilghman: We forwarded you Interrogatories and a Request for Production of Documents addressed to Magdalene Hench on March 28, 2014. To date, we have not received your client's responses. Please be advised we will be filing a Motion to Compel. Please contact me within ten (10) days of your receipt of this correspondence to advise whether you concur or oppose this Motion. Very Truly Yours, PNS/ tms G: \ I \ INS \ CHUBB \ SUPINKA \ CORRESPONDENCE \ Tilgtanan.7-22-14. CHUBB INDEMNITY INSURANCE COMPANY a/s/o MICHAEL AND VIVIAN SUPINKA, Plaintiff v. MAGDALENE HENCH, Defendant Countp of €umberianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-07580 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO DISCOVERY REQUESTS c ORDER OF COURT AND NOW, this] day of August 2014, upon consideration of Plaintiff's Motion to Compel Defendant's Answers to Discovery Requests, a RULE is issued upon Defendant to show cause why the relief requested should not be,granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendants. Plaintiff shall file proof of service prior to this Court entertaining a Motion to Make Rule Absolute. Defendant SHALL include a proposed Order with any response. RULE RETURNABLE twenty (20) days from the date of service. Distribution: ,- Paul N. Sandler, Esq. -- Laurie B. Tilghman, Esq. ecpW ;a;-fd s/:. -/,q Thomas A. Placey -r 7 • 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 CHUBB INDEMNITY INSURANCE COMPANY a/ s/ o MICHAEL AND VIVIAN SUPINKA v. MAGDALENE HENCH � { THE PRO if .. +'�iOTAR i r Attorney for It,)1/1116) -2 PH U p��1HSYL� COUFdTY A NIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-7580 AFFIDAVIT OF SERVICE I, Paul N. Sandler, Esquire, being duly sworn according to law, deposes and says that a true and correct copy of Plaintiff's Motion to Compel together with the Court's Order dated August 21, 2014 was served upon counsel for Defendant, Laurie B. Tilghman, Esquire, on August 29, 2014, via first-class mail, postage pre -paid, as evidenced by a true and correct copy of the correspondence, attached hereto as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE MET ISR DAY OF Pc' A,D:2014. NOTARY PUBLI BY: SANDLER & M CHESINI, P.C. L N. SANDLER, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PEN SYLVANIA OTARIAL SEAL TERESA M. SZEWCZAK. Notary Public City of Philadelphia, Piga. County CQrfrninion A 8.2015 Exhibit "A" • SANDLER & MARCHESINI, P.C. ATTORNEYS AT L A W PENNSYLVANIA OFFICE 1500 Walnut Street Suite 2020 Philadelphia, PA 19102 phone 215.568.9300 / fax 215.568.4776 email: psandler@sandler-marchesini.coni August 29, 2014 Laurie B. Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Allentown, PA 18195 NEW JERSEY OFFICE 1040 Kings Highway North Suite 300 Cherry Hill, NJ 08034 phone 856.663.7171 /fax: 856.663.7222 Re: Chubb Indemnity Insurance Company a/s/o Michael and Vivian Supinka v. Magdalene Hench Cumberland County CCP, No.: 13-7580 Dear Ms. Tilghman: Enclosed please find a copy of Plaintiff's Motion to Compel Defendant's Answers to Discovery together with a Rule issued upon Defendant to show cause why the relief should not be granted. Very Truly Yours, PNS/tms Enclosures G: I \ INS \ CHUBB \ SUP1NKA \ CORRESPONDENCE \ Tilghman.8-29-14.wpd