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Home My WebLink About14-0639 r Supreme Ca W, nnsylvania COtt M O lea For Prothonotary Use Only: C �� Vtr t pocket No CUMBERLAND 1 County The information collected on this form is used solely for court administration purposes. This farm does not supplement or replace the filin and senlice ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: S I, Complaint D Writ of Summons ❑ Petition G Transfer from Another Jurisdiction D Declaration of Taking E c Lead Plaintiff's Name: Lead Defendant's Name: I LEWIN J. SNYDER SHAMROCK TRUCKING LLC Are money damages requested? 0 Yes O No q Dollar Amount Requested: XD within arbitration limits I (check one) ❑ outside arbitration limits U N Is this a Class Action Suit? M Yes 13 No Is this a n MDJ Appeal? ❑ Yes % No A Name of Plaintiff /Appellant's Attorney: _ —� JOH N. KELL D Check here if you have no attorney (ar Sel Rep re se nted [ Pro Sel LItigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do nor inchrde 1tta.0 Tvrtl CONTRACT (do nol include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution Cl Debt Collection: Credit Card ❑ Board of Assessment ® Motor Vchicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance _ _ - D Dept. of Transportation ❑ Premises Liability —_ _ ❑ Statutory Appeal: Other S O Product Liability (does not include _ E mass fort) D Employment Dispute, — _ D Slander /Libel/ Defamation Discrimination C ❑ Chher. ❑ Employment Dispute: Other ❑ Zoning Board D Other: ❑ Other:- -- Q MASS TORT _ — ❑ Asbestos ❑ Tabacco D Toxic Tort - DES C7 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment Ll Common Law /Statutory Arbitration B ❑ Other: Q Eminent Domain /Condemnation ❑ Declaratory Judgment - - - - - -- d Ground Rcnt ❑ Mandamus -- - - - ❑ Landlordjcnant Dispute ❑ Non - Domestic Relations ❑ Mortgage foreclosure: Residential Restraining Order PROFESSIONAL. LIABLITV ❑ Mortgage Foreclosure: Commercial O Quo Warranto 0 Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Vpdate•d 11112011 b".r, THE PF.,a t HO;'O llArt 't' 2014 FEB -4 PM 1': 7 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF THE 9 JUDICIAL DISTRICS CUMBERLAND COUNTY, PENNSYLVANIA Lewin J. Snyder and Civil Action - Law Mary Snyder, His Wife, Plaintiffs 1� I VS. No. � 4a 3 a Shamrock Trucking, LLC and William Nanthavong, Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims or relief requested by the plaintiff. You may also 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). Pennsylvania Bar Association Lawyer Referral Service Tel. 1- 800 - 692 -7375 (PA only) Tel. 717 - 238 -6715 (outside PA) THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. KELLER, KELLER AND BECK, LLC By IN THE COURT OF COMMON PLEAS OF THE 9 TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Lewin J. Snyder and Civil Action - Law Mary Snyder, His Wife, Plaintiffs VS. No. Shamrock Trucking, LLC and William Nanthavong, Defendants COMPLAINT 1. The Plaintiffs, Lewin Snyder and Mary Snyder, are adult individuals and husband and wife, and they reside at 10625 Ash Drive, Waynesboro, Franklin County, Pennsylvania 17268. 2. Defendant Shamrock Trucking, LLC, is a business entity believed by the Plaintiffs to be a limited liability company, which maintains a business address at 1996 B Stout Drive, Warwick, Bucks County, Pennsylvania 18974. 3. Defendant William Nanthavong is an adult individual whose last address known to the Plaintiffs is 377 West Broad Street, Apartment 7, Souderton, Montgomery County, Pennsylvania 18964. 4. At all relevant.times, Defendant William Nanthavong was an employee and /agent of Defendant Shamrock Trucking, LLC, acting within the course and scope of such employment and /or agency. 5. On October 15, 2012, the Plaintiffs were owners of a 2004 Dodge Neon automobile, VIN No. 1B3ESE56C24D64522. 6. On the said date, at about 10:44 a.m., Plaintiff Lewin Snyder was driving his said automobile westbound in the right hand westbound lane of SR 581 in Lemoyne, Cumberland County, Pennsylvania. 7. At the said time, Defendant William Nanthavong, acting within the scope and course of his employment and /or agency with Defendant Shamrock Trucking, LLC, was driving a tractor trailer owned by Defendant Shamrock Trucking, LLC westbound in the left hand westbound lane of SR 581 when he negligently caused or allowed the said tractor trailer to move to its right, entering the right hand westbound lane occupied by the Plaintiffs' vehicle and collide with the said vehicle in that lane. 8. The negligence of Defendant Nanthavong consisted of negligence per se and of a failure to exercise ordinary and reasonable care to avoid causing injury and damage to other persons and vehicles on the highway in various respects including the following: A. The Defendant failed to drive the said tractor trailer entirely within the left hand westbound lane and caused or allowed it to move into the right hand westbound lane without first ascertaining that the movement could be made with safety in violation of 75 Pa. C.S. §3309 of the Pennsylvania Vehicle Code. B. The Defendant drove the said tractor trailer in careless disregard for the safety of persons and property in violation of 75 Pa. C.S. §3714 of the Pennsylvania Vehicle Code. C. The Defendant failed to observe the Plaintiffs' said automobile. D. The Defendant failed to operate the said tractor trailer so as to avoid colliding with Plaintiffs' said automobile. 9. As a direct result of the negligence of Defendant Nanthavong, which is also attributable to Defendant, Shamrock Trucking, LLC, the Plaintiffs' Dodge Neon sustained extensive damage, particularly to the body of the automobile and along the left side of the vehicle. 10. The reasonable and necessary cost of repairs to the said automobile as a result of the said damage was at least $4,333.74, as reflected by the estimate attached hereto and marked "Exhibit A." 11. The fair market value of the Plaintiffs' said automobile was $4,950.00, not including sales tax and transfer fee, at the time of the accident, as reflected by the valuation summary attached hereto and marked "Exhibit B." WHEREFORE, the Plaintiffs demand judgment against the Defendants in the amount of $4,333.74, together with costs. KELLER, KELLER AND BECK, LLC By IIA n ler A Supreme Ct. I.D. #25577 343 -B South Potomac Street Waynesboro, PA 17268 (717) 762 -3331 Attorney for the Plaintiffs Estimate of Record RO Number; 8359 Vehicle: 2004 DODG NEON SXT 4D SED 4- 2.0L -FI RED Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 FENDER 2 * Repl LKQ LT fender assy +25% 5012671AD 1 125.00 1.7 1.8 3 Add for Clear Coat 0.7 4 R&I LT Fender liner w/o R/T 0.3 _... _.. ...., ..... 5 WHEELS 6 ** Repl RECOND LT /Rear Wheel, alloy 5272685AA 1 189.00 m 0.3 15" (WKK) 7 # Repl LT Rear Tire - KUHMO SOLUS 1 105.27 KR21 B36% NOTE: QUOTE FROM CAVETOWN AUTO PARTS (301) 791 - 2700 8 # 185 / 60R15 84T 1 9 # Sub] Tire Mount And Balance 1 15.00 X 10 # Repl Valve Stem 1 2.50 T 11 # Repl Tire Disposal Fee 1 4.00 X 12 # Repl Thrust Angle Alignment 1 79.95 X NOTE: 4 WHEEL ALIGNMENT 13 FRONT DOOR 14 * Repl LKQ LT door assy; 4 door models 5012461AJ 1 312.50 1.5 3.3 +25% 15 Overlap Major Adj. Panel -0.4 16 Add for Clear Coat 0.6 17 LT Add for power units 0.4 18 R &I LT Belt w'strip 0.3 19 * Repl LKQ LT Body side mldg paint to QK58TZZ 1 Incl. 0_3 0_3 match 20 Add for Clear Coat 0.1 21 R&I LT Applique 0.3 22 ** Repi A/M LT Mirror assy electric 4783567AP 1 83.00 0.5 23 * Repl LKQ LT Glass Chrysler 5115681AA 1 Incl. 0_5 24 * R &I LT Run channel 0.3 25 R &I LT Handle, outside paint to match 0.3 26 R &I LT R &I trim panel 0.4 27 REAR DOOR 28 * Repl LKQ LT door assy +25% 4783629 1 250.00 1.4 3.1 29 Overlap Major Adj. Panel -0.4 30 Add for Clear Coat 0.5 31 R&I LT Belt w'strip 0.3 32 * Repl LKQ LT Body side mldg paint to QK60TZZ 1 Incl. 0_3 0_3 match 33 Add for Clear Coat 0.1 34 R &I LT Applique front 0.3 35 R &I LT Applique rear 0.3 36 * R&I LT Run channel 0.3 37 R&I LT Handle, outside paint to match 0.3 11/06/2012 5:09:21 PM 010248 Page 2 EXHIBIT A Estimate of Record RO Number; 8359 Vehicle: 2004 DODG NEON SXT 4D SED 4- 2.0L -FI RED 38 R &I LT R &I trim panel 0.4 39 QUARTER PANEL 40 * Repl LKQ LT quarter panel; 4 door 5080655AA 1 250.00 14.5 2.8 +25% 41 Overlap Major Adj. Panel -0.4 42 Add for Clear Coat 0.5 43 # Rpr LKQ DE -TRIM 2.5 44 REAR BUMPER 45 Repl Bumper cover w/o exh tip 5114170AB 1 330.00 1.0 2.8 46 Add for Clear Coat 1.1 47 # Repl Thrust angle alignment 1 69.95 X 48 # Repl Corrosion Protection 1 T 0.4 49 # Cover Car For Protection 1 5.00 X 0.2 50 # Hazardous Waste Removal 1 3.50 X SUBTOTALS 1,824.67 28.9 17.2 NOTES Estimate Notes: COPY OF ESTIMATE GIVEN TO OWNER. QUAL RECY QUOTES FROM D &D (301) 582 - 2280 ESTIMATE TOTALS Category Basis Rate Cost $ Parts 1,644.77 Body Labor 28.9 hrs @ $ 42.00 /hr 1,213.80 Paint Labor 17.2 hrs @ $ 42.00 /hr 722.40 Paint Supplies 17.2 hrs @ $ 26.00 /hr 447.20 Miscellaneous 179.90 Subtotal 41208.07 Sales Tax $ 2,094.47 @ 6.0000% 125.67 Grand Total 4,333.74 Deductible 250.00 LT Rear Tire - KUHMO SOLUS KR21 40.17 B36% CUSTOMER PAY 290.17 INSURANCE PAY 4,043.57 11/06/2012 5:09:21 PM 010248 Page 3 11/07/12 10:29 AUTOSOURCE Page 1 Via: Multiple AS Request: 31728533 Version: 2 ADMINISTRATIVE DATA 2004 DODGE NEON SXT 4D SEDAN Patricia Kohle Claimant: State Farm Insurance Insured:Lewin Snyder Concordville CTLU Branch Claim:38 -1Q57 -03301 1 State Farm Drive Loss Date:10 /15/2012 Concordville PA 19339 Loss Type:Collision Policy: Other: VALUATION SUMMARY 2004 DODGE NEON SXT 4D SEDAN 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: $4,800 $4,985 $4,893 Engine: Transmission: Odometer: -150 -270 -210 Equipment: 400 135 268 --------------- - - - -- Value Before Adjustments: $5,050 $4,850 $4,950 Value Before Condition Adjs.: $4,850 $4,950 Suggested Total Condition Adj.: 0 Total Condition Adjusted Mkt Val: $4,950 General Sales Tax: 6.0000. 297.00 Title Fee: 0.00 -------------- Warning-------- - - - - -- THE MARKET VALUE DISPLAYED MAY NOT Transfer Fee: 55.00 REFLECT THE ACTIVITY DETECTED BY VINSOURCE AND /OR NICB RESEARCH. Deductible: - 250.00 Net Adjusted Value: 5,052.00 Salvage /Other:- VINSOURCE ANALYSIS 2004 DODGE NEON SXT 4D SEDAN VIN: 1B3ES56C24D645229 Decodes as: 2004 Dodge Neon SXT 4D Sedan Accuracy: Decodes Correctly History: Activity was reported • AUTOSOURCE ACTIVITY: (NONE). • AUTOTRAK ACTIVITY: (NONE). 11/07/12 10:29 AUTOSOURCE Page 2 Via: Multiple AS Request: 31728533 Version: 2 EXHIBIT B I verify that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Mary Snyd r 9 t I verify that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: —1✓ �� ` Lewin Y. Snyc'f -6r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION • ='' l•W LEWIN J. SNYDER and - - MARY SNYDER, his wife, v c-, --TS- : . No. 14 -639 = °c Plaintiffs, p -i c.-'' Cil v. PRAECIPE FOR APPEARANCE SHAMROCK TRUCKING, LLC and WILLIAM NATHAVONG, Filed on behalf of: Defendants. . Defendant Shamrock Trucking, LLC JURY TRIAL DEMANDED. Counsel of Record for this party: Michael E. Lang, Esq. MARGOLIS EDELSTEIN 983 Third Street Beaver, PA 15009 (724) 774 -6000 (724) 774 -4400 Fax Pa. I.D. No. 56758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEWIN J. SNYDER and CIVIL DIVISION MARY SNYDER, his wife, Plaintiffs, V. SHAMROCK TRUCKING, LLC and . WILLIAM NATHAVONG, Defendants. No. 14-639 PRAECIPE OF APPEARANCE To: Prothonotary Kindly enter the Appearance of MARGOLIS EDELS _LEIN and Michael E. Lang on behalf of the Defendant Shamrock Trucking, LLC in the above-captioned case. JURY TRIAL DEMANDED. MARGOLIS EDELS1EIN Mic Esquire 983 d Street Bea er, PA 15009 PA I.D. No 56758 CERTIFICATE OF SERVICE I hereby certify that on the 6th day of March, 2014, a true and correct copy of the within Praecipe for Appearance was placed in the United States Mail, First Class postage prepaid addressed to the following: John N. Keller, Esq. Keller, Keller and Beck, LLC 343-B South Potomac Street Waynesboro, PA 17268 Counsel for Plaintiffs MARGOLIS EDELS1EIN Michael ng, squire Counsel or Defen n Shamroi Trucking, LLC Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • THE E i d i O M1 HON° (0111 1AR 17 AM 10: 00 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF THE '14E RIFF Lewin J Snyder vs. Shamrock Trucking, LLC (et al.) Case Number 2014 -639 SHERIFF'S RETURN OF SERVICE 02/06/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shamrock Trucking, LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bucks, Pennsylvania to serve the within Complaint & Notice according to law. 02/06/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: William Nanthavong, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Complaint & Notice according to law. 02/19/2014 11:15 AM - The requested Complaint & Notice served by the Sheriff of Bucks County upon John Elvin, who accepted for Shamrock Trucking, LLC, at 1996 B Stout Drive, Warwick, PA 18974. Edward J. Donnelly, Sheriff, Return of Service attached to and made part of the within record. 03/06/2014 09:40 AM - The requested Complaint & Notice returned by the Sheriff of Montgomery County, the within named Defendant William Nanthavong, not found. Russell Bono, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $62.49 SO ANSWERS, 1 March 12, 2014 RONNY R ANDERSON, SHERIFF (c) Cou^tySuite Sheriff, Teieosoif, Inc. 377 WEST BROAD STREET, APT. 7, SOUDERTON, PA 18 EXP: 03/06/2014 C7) (9 Cs1 NANTHAVONG, WIL Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OPF CUMBERLAND COUNTY/ it CHINON,' OFFICE OF THE SHERIFF Richard W Stewart Solicitor Lewin J Snyder vs. Shamrock Trucking, LLC (et al.) Case Number 2014-639 SERVICE COVER SHEET [Service Details: Category: Manner: Notes: [Serve To: Name: Primary Address: Phone: Alternate Address: Phone: 'Civil Action - Complaint & Notice Deputize Expires: 03/06/2014 Zone: Warrant: William Nanthavong 377 West Broad Street Apt. 7 Souderton, PA 18964 DOB: [Final Service: Served: Personally Adul Adult In Charge: Relation: Date: Deputy: In Charge Posted - Other (Attorney/ Originator: Name: IJohn N Keller Service Attempts: Date: Time: 717-762-+3331 Time: Mileage: 7/, 9e) Mileage: Deputy: [Notes / Special Instructions: Duck goil.ch Ica • .3.d3Q s..431:20HS; AiNn33 Am8314(391"4 Now, February 06, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby depu ff of Montgomery Count! to execute service of the documents herewith and make return thereof according to law ";43. ez NV 1 Return To: Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 (c*)CounlySolte Shaf iff Teleasoll. Ronny R Anderson, Sheriff Bucks County Case # 201430263 Invoice to be mailed to County Sheriffs Office Attn: JOHN N KELLER Special Instructions Notes 74iACTIC1 4 ::14 FCR ) 02/11/2914 1 - PC 4C91775:5 TTL PQ.ILD TOTPL V.4:"!r:;;: 2/ /O/C BUCKS COUNTY OC SHERIFF'S RETURN 1 of 1 Filed 2 /4 /2014 in CUMBERLAND COUNTY Bucks Case # 201430263 Rec'd 2/11/2014 Special Instructions Action Civil Action COMPLAINT Plaintiff LEWIN J SNYDER - VS - Defendant SHAMROCK TRUCKING LLC 1996 B STOUT DR WARWICK, PA 18974 Address Served if Different nder Pa. R.C.P. #402 A) (i) Defendant personally served (A) (2) (i) Family Member 2) (i) Adult in Charge of Residence A) (2) (ii) Manager/Clerk at Deft's Lodging C (A) (2) (iii) Person ' h.)r of Business u„,, By Handling to • 0 EZ-VIA, By Posting Not Served 30 Days Ran Out Defendant Moved Defendant Unknown Checked Post Office Forwarding Address Defendant Not Home Address Vacant Deputy needs better address No Forwarding Twp./Boro By Depu Witness At ///5-- o'clock The above document wa information listed above Pennsylvania. So answers: ) on the defendant as per s. Com&wea1th of Sh Affi ed d Subscribed be ucks Coun e on this day 0=2 ijy Prothontary Affirmed and subscribed before e on this day Notary Public My Com. Exp. ZONE 6 /042 C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU 5;�r F� F� PENNSYLVANIA CIVIL DIVISION 7- LEWIN J. SNYDER and MARY SNYDER, his wife, Plaintiffs, v. - SHAMROCK TRUCKING, LLC and WILLIAM NATHAVONG, Defendants. To: Plaintiffs You are hereby notified to file a written Response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Mich Esq. U ' Y TRIAL DEMANDED. : No. 14 -639 : ANSWER AND NEW MATTER : TO COMPLAINT Filed on behalf of: . Defendant Shamrock Trucking, LLC Counsel of Record for this party: Michael E. Lang, Esq. MARGOLIS EDELSTEIN 983 Third Street Beaver, PA 15009 (724) 774 -6000 (724) 774 -4400 Fax Pa. I.D. No. 56758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. LEWIN J. SNYDER and CIVIL DIVISION MARY SNYDER, his wife, No. 14 -639 Plaintiffs, v. SHAMROCK TRUCKING, LLC and WILLIAM NATHAVONG, Defendants. ANSWER AND NEW MATTER TO COMPLAINT Defendant, by its counsel, Margolis Edelstein, file the following answer and new matter to Plaintiffs' complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the Defendant Nathavong was acting within the course and scope of his employment while operating a truck owned by Shamrock Trucking. The remaining allegations contained in paragraph 7 are denied. 8(a) - (d). Denied. 9. Denied. 10. Denied. 11. Denied. WHEREFORE, Defendants deny liability to the Plaintiffs and demand judgment in their favor. New Matter 12. Plaintiffs have failed to properly mitigate their damages. 13. Plaintiffs do not have standing to pursue the claims made in that the Plaintiffs have already been made whole for the damages alleged. JURY TRIAL DEMANDED. MARGOLIS EDELS1'EIN Michael 983 Third Str-et Beaver, " ' 15009 PA ID o. 56758 VERIFICATION V I id , an authorized representative of SHAMROCK TRUCKING, LLC, verify that the statements of fact made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, information and belief and that I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Date: By ., SHAMROCK TRUCKING, LLC u orized representative, •r; CERTIFICATE OF SERVICE I hereby certify that on the: 1 day of March; 2014, a true and correct copy of the within Answer and New Matter was placed in the-United States Mail, First Class postage prepaid addressed to the following: John N. Keller, Esq. Keller, Keller and Beck, LLC 343 -B South Potomac Street Waynesboro, PA 17268 Counsel for Plaints MARGOLIS EDELSTEIN Michael Counsel Shamroc • tefen• rucking, L 1311i f:PR -2 PM 2: 18 GVBERL AND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Lewin J. Snyder and Mary Snyder, His Wife, Plaintiffs vs. Shamrock Trucking, LLC and William Nanthavong, Defendants Denied. . Civil Action - Law . No. 14 -639 REPLY TO NEW MATTER 12. 13. Denied. It is specifically denied that the Plaintiffs have been "made whole." The collision coverage payment from the Plaintiffs' insurance carrier, State Farm Fire and Casualty Company, on account of the damage to their vehicle, was reduced by the $250.00 deductible under the Plaintiffs' policy. Moreover, they had no coverage and received no payment for their loss of use of the damaged automobile or rental of a replacement vehicle. Furthermore, State Farm Fire and Casualty Company has reserved its equitable subrogation interest and right with regard to any recovery by the Plaintiffs in this action. See Pa. R.C.P. 2002(d). WHEREFORE, the Plaintiffs demand judgment against the Defendants, together with costs. KELLER, KELLER AND BECK, LLC By f4P-10-./ J.f 17 Keller / PA Supreme Ct. I.D. #25577 343 -B South Potomac Street Waynesboro, PA 17268 (717) 762 -3331 Attorney for the Plaintiffs I verify that the facts set forth in the foregoing reply to new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /14 I verify that the facts set forth in the foregoing reply to new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Mary ndAY CERTIFICATE OF SERVICE I, John N. Keller, Esquire, attorney for the Plaintiffs, certify that I served the foregoing reply to new matter upon the following persons at the following addresses, by depositing same in the United States mail, First Class postage prepaid: Michael E. Lang, Esquire MARGOLIS EDELSTEIN 983 Third Street Beaver, PA 15009 Date: KELLER, KELLER AND BECK, LLC By John . :el -r Pa .Supreme Ct. I.D. #25577 34_> B South Potomac Street Waynesboro, PA 17268 (717) 762 -3331 Attorney for the Plaintiffs IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA Lewin J. Snyder and Mary Snyder, His Wife, Plaintiffs vs. . Civil Action - Law . No. /1"--C357 c Shamrock Trucking, LLC and z William Nanthavong, cf Defendants r—� <a C) =c3 PRAECIPE --i TO THE PROTHONOTARY: Please mark this case "settled and discontinued." CSI CD KELLER, KELLER AND BECK, LLC By Keller PA Supreme Ct. I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for the Plaintiffs -n rri ri c•D