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HomeMy WebLinkAbout14-3314 Supreme Coot of��Pennsylvania Cour leas For Prothonotary Use Only: CivilgCu e sheetIVV. Docket N !rt CU,liberlarid County rf. 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 lain or rules of court. Commencement of Action: S Ej Complaint 0 Writ of Summons I- Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Atlantic States Ins.Co. William Adams T Dollar Amount Requested: (within arbitration limits I Are money damages requested? !-i Yes 0 No � dtd? (check one) []outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes JE No Is this an MDJAppeal? 13 Yes [@ No A Name of Plaintiff/Appellant's Attorney: Lloyd S. Markind, Esq. Check here if you have no attorney(are a Self-Represented [Pro Sej 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 C' Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ( Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other Board of Elections 0 Nuisance Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S ❑ Product Liability(does not include 0 Employment Dispute: mass tort) E ElSlander/Libel/Defamation Discrimination C El Other: Employment Dispute:Other Zoning Board �© Other: ,I, I r1i Other: O MASS TORT Asbestos N 0 Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0Ejectment [] Common Law/Statutory Arbitration B E] Other: El Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Q Mandamus Landlord/Tenant Dispute ©Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin n Legal [3 Quiet Title 0 Other: 0 Medical E] Other: Subrogation Other Professional: Updated 1/1/2011 MARKIND LAW GROUP, P.C. By: Lloyd S. Markind, Esquire PA ID No. 52507 102 Browning Lane CLI"S'? L A; 'fi n Building B, Suite 1 �%�, @ �t� Cherry Hill,NJ 08003 (856) 616-8710/8716 (Fax) Lloyd.Markind@MarkindLaw.com Attorneys for Plaintiff File No. 1046461 ATLANTIC STATES INS. CO., as Subrogee IN THE COURT OF COMMON of/to its insured, RB HOBAUGH & SON, INC. PLEAS OF CUMBERLAND COUNTY, 1195 River Rd., Box 302 PENNSYLVANIA Marietta, PA 17547, Plaintiff, CIVIL ACTION—LAW V. WILLIAM ADAMS No. 3 400 1 st Street Carlisle,PA 17013, Defendant. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Cumberland County Bar Association 32 S Bedford St. OW� S It 3, 7.S Carlisle, PA 17013 Pon,9 Gny AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientas, usted tiene veinte (2) dias de plazo al partir de la fecha de la demanda y la notificaion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra sya sin previo aviso o notificaion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL A LA OFICINA CUY A DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 MARKIND LAW GROUP, P.C. By: Lloyd S. Markind, Esquire PA ID No. 52507 102 Browning Lane Building B, Suite 1 Cherry Hill,NJ 08003 (856) 616-8710/8710 (Fax) L1oyd.Markind@MarkindLaw.com Attorneys for Plaintiff File No. 1046461 ATLANTIC STATES INS. CO., as Subrogee IN THE COURT OF COMMON of/to its insured, RB HOBAUGH & SON, INC. PLEAS OF CUMBERLAND COUNTY, 1195 River Rd., Box 302 PENNSYLVANIA Marietta, PA 17547, Plaintiff, CIVIL ACTION—LAW V. WILLIAM ADAMS No. 400 1 st Street Carlisle, PA 17013, Defendant. COMPLAINT Plaintiff, Atlantic States Ins., Co., as Subrogee of/to its insured, RB Hobaugh& Son, Inc., hereby files this Complaint against Defendant, William Adams, and, in support hereof, avers as follows: Parties,Jurisdiction and Venue 1. Plaintiff is an insurance business corporation with offices at the address set forth above. 2. Subrogor is a corporation with an address as set forth above. 3. Defendant is an adult individual with an address as set forth above. 4. The Court has original jurisdiction over the subject matter of this action by virtue of 42 Pa.C.S. § 93 1. 5. The amount in controversy in this action is less than$50,000.00, exclusive of interest and costs. 6. The events from which this action arises occurred in Cumberland County, Pennsylvania. Factual Background 7. At approximately sometime before 10:13 p.m. on May 20, 2013, a vehicle owned by Subrogor ("Subrogor's Vehicle")was legally parked on Franklin Street in Carlisle, Pennsylvania. 8. At approximately sometime before 10:13 p.m. on May 20, 2013, Defendant was operating a rental vehicle ("Defendant's Vehicle") Westbound on Franklin Street in Carlisle, Pennsylvania. 9. At approximately 10:13 p.m. on May 20, 2013, Defendant negligently swerved Defendant's Vehicle to the right side of the road and collided with Subrogor's Vehicle (the "Accident"). 10. A true and correct copy of the Carlisle Police Department Reportable Accident Exhange of Information is attached hereto and marked Exhibit A. 11. As a direct result of the Accident, Subrogor suffered damage to Subrogor's Vehicle in the amount of$9,808.86 plus tow charge of$100.00. 12. A true and correct copy of the Valuation Summary is attached hereto and marked Exhibit B. 13. On the date of the Accident, Subrogor held an automobile insurance policy underwritten by Plaintiff(the "Policy"). 14. Plaintiff paid Subrogor the amount of$9,908.86 under the Policy for the property damage to Subrogor's Vehicle as sustained in and resulting from the Accident. 15. Subrogor assigned to Plaintiff their right of recovery against all persons or parties legally liable to Subrogor for any and all damages suffered or sustained as a result of, or otherwise arising from, the Accident. COUNT ONE—NEGLIGENCE 16. All preceding paragraphs of this Complaint are incorporated herein as though fully set forth at length. 17. At all relevant times, Defendant had a duty to act with reasonable caution, diligence and care so as not to threaten the safety of, or cause harm to, others while operating Defendant's Vehicle. 18. Defendant breached that duty when, on May 20, 2013, Defendant negligently swerved Defendant's Vehicle to the right side of the road and collided with Subrogor's Vehicle. 19. Defendant's breach of the aforementioned duty was a direct and proximate cause of the property damage that Subrogor sustained and/or incurred which is attributable to and/or arising out of the Accident. 20. Defendant is liable to Subrogor for all damages that Subrogor suffered as a result of Defendant's negligence. 21. As assignee of Subrogor's right of recovery against all persons responsible for such damages, Plaintiff is entitled to recover from Defendant the sum of$9,908.86, together with all other.amounts which may be authorized by contract and/or law without limitation. 22. Defendant has not paid Plaintiff the aforestated sum as of the date of filing this Complaint notwithstanding demand for payment. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of$9,908.86, together with all applicable interest, costs of suit, collections costs, inclusive of, without limitation, reasonable attorneys' fees, and all such other and further relief as the Court may deem just and equitable. Markind Law Group, P.C. DATED: Lloyd S. Markind, Esquire Attorney for Plaintiff PA I.D. No. 52507 102 Browning Lane,Bldg B,Ste 1 Cherry Hill,NJ 08003 856/616-8710/8716 (Fax) L1oyd.Markind@MarkindLaw.com VERIFICATION I, Lloyd S. Markind, hereby state and verify that my firm is counsel for Plaintiff in this actions; that we have reviewed certain documents and/or other records provided to us by Plaintiff for the filing of a Complaint in this action; that Plaintiff is located outside this jurisdiction; that a substitute certification executed by an officer or employee of Plaintiff will be filed as soon as the same is received; and that the Complaint filed herewith is true and correct to the best of my knowledge, information, and belief. I understand that the statements made therein are subject to the penalties of 18 Pa. C.S.4994 relating to unsworn falsifications to authorities. DATED: BY: Lloy . Markind Exhibit A o4►Kz�� CARLm POLICE DEPARTMENT 240 Lincoln Street Carlisle,Pa 17013 717.243.5252 Xft REPORTABLE ACCIDENT EXCHANGE OF INFORMATION ❑NON-REPORTABLE Incident t 2013.05.1041 Location: 815 FRANKLIN ST Date:5!20113 Badge#: Time Occurred:2213 Officer. T DOLAN 2718 Primary Road: FRANKLIN ST Speed: 25 TICIDI: NA #of Lanes: 2 Intersecting Road: NA Speed: T/CIDI: #of Lanes: U nitcleReg#:u VIN#:' ]StaA HOLDINGS,INC Telephone#: 29 N LAKEWOOD AVE.STE 100,TULSA,OK 74117 Make:CHRYS Model:SW Color.RED Operator: WILLIAM 0 ADAMS OLN: D.0.13:� Address: 40015r STREET,CARLISLE,PA 17013 Phone#: 717•3864397Insurance Co. UNK Policy#: Insurance PhoneOccupant Unit#01 Name:VICTORIA C WOLF D.0.8:Address:283 FROST RD,GARDNERS,PA Phone#: 1 Seat Position: FRON I Witness(es):FORREST BROWN Unit# Vehicle Reg#: ViN#: State:PA 02 Vehicle Owner:RB HOBAUGH&SON,INC Telephone#: Owner's Address:98 HERMAN AVE,LEMOYNE,PA 170433 Year; 2006 1Make: FORD Model:SW Color; WHi [Address: perator: LEGALLY PARKED OLN: D.O.B: State: Phone#; SIB AIB surance Co. ATLANTIC STATES Policy#: insurance Phone#:� ccupant Unit#: Name: D.O.B: SIB AIBddress: Phone#; Seat Position: itness(es):BYRON GESSNERMONEO Additional Information: SM 1 Notice• Copies of accident reports are available by mail only unless emeraerm dr%m$Ua9S$Prevail.Enclose a chock or money order in amount of$1,%00 and send to: Cadialo Police DeoartmUt 63 West South St.,Carlisle,PA 1713 s 'i'xv rna tu►xxir�rsumt i►ecrr� CRASH REPOR�t'wn ►cssr�vux�;:s �s05/21/13 �TWDIYCARL PAGE: ' l CRASK JM�MSR: F0014274 INCIDENT NUMBER: 20130501041 CAR CASH CLOSED: Y - -- AGENCY: 21402 CARLISLE DISP-TM: 2213 ARRV-TM: 2215 PATROL-ZN: 100 PRECINCT: 240 LINCOLN SP INV-DT: 05-20-2013 INVESTIGATOR: DOLAN JR, THOMAS W BADG: 0016 APP-DT: 00-00-0000 REVIEWER: BADG: 0000 } COUNTY: 21 CUMERLAND MUNICIPALITY: 402 CARLISLE r} CRS-DT: OS-20-2013 TN: 2213 #UNITS 2 #PROP: 2 #nW: 1 WILL.- REPORTABLE: KILL:REPORTABLE: Y NOTIF SIWY MAINT: N PmamOT PROP: N SCH BUS RELATED: N SCH ZON RELATED: N FOLLOW IIP: Y CITY PROP DAN: Z CRASH DSSCs 4 ROL TO RDWYs 1 ILLUM: 2 WEATHER: 1 RDWY SURF COND: 0 INTERS TYP: 00 SPEC LOC: 0 SPEC JURIS: RDWY SURF TYPE: PRINC RD - CNTY: 21 RT#: SBO: #LNS: 02 SPD LIM: 25 ORIENT: S STR N'4: FRANKLIN ST ST HOUSE#: 815 RT S IN8EC RD - CNTY: RT#: SBG: #LKS: SPD LIM: RT SIGN: STR NM: LANDMARKI - RT#: MILEPOST: 0000 SEG MARKER: ORIENT: STR NM; DIST FR CRASH -, T: MI: .0 LANDMARK2 - RT#: MILEPOST: 0000 8EG HARKER: ORIBKT: STR EM: TRA,F CONTROL DEVICE TYPE: 0 FUNCTIONING: 0 WORK ZONE - TYP: IAC:: SPEED LIM: WORKERS PRES: LN CLOS: RD CL/DETOUR: SHLD/MBD WK: MOVING WK: FLAGGER: OTHER: LANE CLOSED DUE TO CRS: 0 DIRECT: TRAF DETOUR: EST TM CLOSE: FIRST HARMFUL EV: 02 UN#: 01 MOST HARMFUL EV: 02 UN#: 01 ENV/RDWY FACTORS: 00 PRIME FACTOR: D 01 UN#: 01 0,4ERGENCY TRANSPORT - EMS AGENCY: CUMBERLAND GOODWILL MED FACILITY: CARLISLE REGIONAL MEDICAL CENTER WITNESS: GESSNER, BRYON K PH: lumm ADDR: 815 FRANKLIN ST, CARLISLE, PA 17013 WITNESS: BROWN, FORREST L PH: Vomme ADDR: 830 FRANKLIN ST, CARLISLE, PA 17013 ON MONDAY, 5/20/13, AT ABOUT 2213 HOURS, I RESPONDED TO A TWO VEHICLE INJURY CRASH IN FRONT OF 815 FRANKLIN ST, WITHIN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY. I ARRIVED ON THE SCENE AND"FOUND THAT UNIT 1, FA JFS2433, WAS A 2D13 RED CHRYSLER TOWN AND COUNTRY. THE VEHICLE HAD SEVERE FRONT LEFT SIDE, DISABLING DAMAGE. THE FRONT. QUARTER PANEL HAD BMW PUSHED BACK TO TO FRONT WINDOW AREA. THE FRAM OF THE MOTOR ON THE LEFT SIDE WAS EXPOSED AND INN FRONT END WAS OBLITERATED. UNIT 2, PA YKV1443, WAS A 2006 FORD VAN. THE VEHICLE HAD SEVERE LEFT FRONT END DAN= WHERE UNIT 1 STRUCK IT. UNIT 2 WAS LEGALLY PARAHD ON THE EAST SIDE OF FRANKLIN ST. mb'Luv 'ktW kUUUC1t)j%Ur! AMUL !VAJ.L" 1NrVK!'Y►'A-J.VA4 KZbUUttl* OIAALSPI PAGE: 2 CRASH REPORT 05/21/13 TWDI CARL CRASH NUMBER, F01014274 INCIDENT NUMBER: 20130501041 CAR ------------------------------------------------------------------------ UNIT 1 PASSENGER, VICTORIA WOLF WAS IN THE FRONT PASSENGER SEAT. SHE WAS DISORIENTED AND CONFUSED, BUT CONSCIOUS. THSRB WAS A LACERATION TO Mm RIGHT UPPER LIP AND SWELLING AROUND HER RIGHT EYE. I NOTED THAT BOTH FRONT RBAGS OF UNIT I HAD THE DRIVER SIDE ALSO DEPLOYED. ANOTHER A (( WOLF ILD) WAS PROPBRTTLRBAG AROUND THE LOWER LEG Y OF RESTRAINED IN A CAR SEAR DIRECTLY BEHIND WOLF. THE DRIVER, WiLLLAM ADAMS, WAS OUTSIDE THE VESICLE WALKING AROUND THE SCENE. ADAMS STATED THAT HE WAS NEARING HIS SEATBELT AND THAT HE WAS NOT INJURED. ADAMS STA'T'ED THAT HE SWERVED TO KISS A CHILD WHO RAN OUT INTO THE STREET. ADAMS STATED THAT HE HAD JUST LEFT WZMYS AND THAT HE TRAVELED ON N HANOVER ST TO SPRING RD. HE THEN TURNED ONTO COURTYARD DRIVE AND THEN TO FRANKLIN ST. ADAMS STATED THAT HE WAS TRAVELING SOUTH ON FRANKLIN ST AT ABOUT 25-30 MPH. -ADAMS STATED THAT A 10-12 YEAR OLD MALE WITH LIGHT BLONDE HAIR, i A LONG SLEEVE WHITE SHIRT AND DARK PANTS OR SHORTS RAH INTO HIS PATH OF TRAVEL JUST BEFORE THE CRASH SITE. ADAMS ORIGINALLY STATED THAT HE FIRST SAW THE YOUTH ABOUT 40 YARDS PRIOR TO THE CRASH SITE. HE STATED THAT THE MALE WAS WALKING ON THE SIDED-LX ON THE EAST SIDE OF FRANKLIN ST. ADAMS STATED THAT HE WAS ABOUT 15 YARDS NORTH OF THE YOUTH WHEN HE SAW HIM. I EXPLAINED THAT THE STATEMENT THAT ADAMS WAS GIVING ME WAS PHYSICALLY IMPOSSIBLE FOR THE YOUTH TO BE ROUMMY 40 YARDS PRIOR TO THE CRASH SITE, THEN BE ABLE TO RUN OUT IN FRONT OF ADAMS NEAR THE CRASH SITE IF ADAM WAS TRAVEL110 AT 25-30 MPH. ADAMS THEN CHANGED HIS STORY AND SAID THAT HE ONLY SAN LEGS ON THE EAST SIDE OF FRANKLIN ST, BEFORE HE SAW THE YOUTH RUN INTO HIS PATH. I NOTED THAT HE CAVE A COMPLETE DESCRIPTION OF THE YOUTH DURING HIS PRIOR STATEMENT, BUT IN THIS ONE ONLY SAID THAT HE SAN LEGS. WHEN I BROUGHT THE INCONSISTENCY OF HIS STATEMENT TO THE FOREFRONT, ADAMS THEN STATED THAT HE FIRST SAN THE YOUTH ABOUT ABOUT 15 YARDS PRIOR TO THE CRASH SITE. i THS CRASH SCENE WAS A FLAT ROADWAY WITH NO PHYSICAL VISUAL OBSTRUCTIONS. I NOTED THAT THE AREA OF THE CRASH WAS NOT LIT AND IT WAS DIFFICULT TO SBE. THERE WERE STREETS LIGHT ILLUMINATING THE STREET AT FRANKLIN A C AND FRANKLIN AND D STREETS. ACCORDING TO ADAMS' ORIGINAL STATEMENT, HE WAS ABOUT 60 YARDS PRIOR TO THE CRASH SITE WHEN HE FIRST SAW THE YOUTH. -THE YOUTH WAS AT30TTP 20 YARDS SOUTH OF HIS VEHICLE, WHICH WAS TRAVELING AT 25-30 MPH. I NOTED THAT THERE WAS A FAINT TIRE MARK IN THE SOUTHBOUND LANE ABOUT 15 YARDS BEFORE TH$ CRASH. , THE TIRE MARK TURNED TOWARD THE Lffi+T (EAST) SIDS OF THE ROAD. ADAMS STATED THAT THIS WAS THE AM THAT HE SWERVED TO HISS THE YOUTH. ANOTHER TIRE MARK WAS FOUND THAT TURNED TO THE RIGHT (NUT) JUST PRIOR TO THE IMPACT POINT WITH UNIT 2. ADAMS STATED THAT HE HAD TURNED THE VEHICLE TO TRY AVOIDING THE CRASH. j NEIGHBOR BYRON QRSSRER STATED THAT HE WAS IN HIS DRIVE40AY ABOUT 5 MINUTES BEFORE THE CRASH WHEN HIS GIRFRIEND LEFT. HE DID HOT SEE ANY KIDS IN THE STREET AND THAT THERE WERE NO KIDS OUT ON A SCHOOL NIGHT USUALLY. GLESSNER HEARD THE CRASH. HE STATED THAT HE DID NOT HEAR ANY SKIDDING OR SOUNDS OF A VEHICLE ATTEMPTING TO STOP PRIOR TO THE CRASH. NEIGHBOR FORREST BROWN STATED THAT THERE WERE TYPICALLY NO KIDS ON THE STREET DURING A SCHOOL NIGHT. BROWN HEARD THE CRASH, BUT DID NOT SEE IT. BROWM CAME OUT OF HIS HOUSE AND OBSERVED ADAMS WALKING AROUND THE CRASH 1 1 LnDlAu 'L7rsls rtxlu.L9DZUKU M1tCiH k'VLll:6 ytY!•\J1ULH1'1Vr1 K:SDvvKl:n Sz05/21/13 ,TWD1rC�ARL • PAGE: 3 CRASH REPORT CRASH kUMBER: F0914274 INCIDENT NUMBER: 20130501041 CAR ----------------- -------------------------- ADAMS- STAITEDTHAT INITIALLY YAKID BROWN _HAD RUNINTOHIST WOLF HPATHEsN OF TRAVEL. THE VEHICLE. ADAMS THEN I LATER TRAVELED TO C,ARLISLS REGIONAL ER AND SPORE WITH VICTORIA WOLF. SHE TOLD ME THAT SHE HAD RENTED THE VEHICLE FROM ENTERPRISE IN CARLISLE TO CELEBRATE HER DAUGHTER'S BIRTHDAY, WHICH WAS ON 5/19/13. WOLF STATED THAT TTOTHEE CRASH. SHETSTTFATTED THAT SHE HAD PICKED UP ADAMS NATTABO13T 2EPRIORTON WERE R TURKEY HILL OR FUEL ON IN 1300 HOURS AT HIS HOUSE- WOLF SATED THAT SHE LET ADAMS DRIVE THE VEHICLE. SHE DID REMEMBER ANYTHING ABOUT THE CRASH. THERE WAS No REASONABLE EXPLANATION FOR THE CRASH. BASED ON THE SCENE DYNAMICS AND ADAMS'• STATEMENTS, THERE IS LITTLE CREDIBILITY THAT A YOUTH RANBErxN A SWERVEINTO HIS AABOUTBiSEYARA3rS8FORESICAL EVIDENCE AT THE CRASH AND STRUHCK ACLLEEGALLY 1 PARKED VEHICLE. UNIT 1 WAS AT FAULT FOR THE CRASH. I WILL CONDUCT A FOLLOW UP INTERVIEW WITH WOLF IN AN ATTEMPT TO GATHER ADDITIONAL INFORMATION ABOUT THE CRASH. SND ------------------------ UNIT NUMER: 01 TYPE: O1 COMMERCIAL 'HOLDINGS U 8009999999 OWNR Nom: FAN' OWNR ADDR: 6929 N LAKEWOOD AVE TULSA OR 74117 VIN. YR: 2013 MAKE: 06 LIC PLATE: PA TRAV SPD: 025 INS CO,PO,PH: 99999999 6009999999 TOW TO,BY;PH: 301 N COLLEGE ST, CARLISL LEBO'S GARAGE 249-29 7172492977 # TRL UNITS: 0 TYP UNIT: TAG NO,YR,ST: TYP UNIT: TAG NO,YR,ST: VEHICLE COL: 02 TYP: 01 SPEC USAGE: 00 ROLE: 1 POSITION- 03 INIT IMP PT: 11 DAMAGE: 3 DIR TRAY: S MOVEMENT: 01 GRAD: 1 ALIGNM: 1 ALCOH,DRG SUS.P: 1 TEST TYP: 0 RESULT: PHYSICAL COND: 0 OWNER/DVR CD: 03 DVR PRESENCE: 1 PEDESTRIAN SIGNAL: PED LOC: VIOLATION CD: CHARGED: HARM EVENT 1: 02 L/R: MHE: Y UTIL POLE#: DRIVER ACTION 1: 01 HARM EVENT 2: L/R: MHE: UTIL POLE#: DRIVER ACTION 2: HARM EVE3: L/R: MHE: UTIL POLE#: DRIVER ACTION 3: NT HARM EVENT 4: L/R: MHE: UTIL POLE#: DRIVER ACTION 4: VEH FAILURES: 00 PEDEST ACTION (45F1) DVR RRSTRICTIONS COMPL: DVR ENDORSEMENT C'OMPL: DVR LICENSE KPL: AVOIDANCE MANEUVER: UNDER RIDE INDICATOR; EMERGENCY IMPACT USE: DRUG TEST TYPE: RESULTS: Exhibit B and condition. AN adjustments are vehicle specific and reflect driving habits and condition for the vehicle's market A mileage adjustment of 4.00 cents per mile has been applied. Taking Into consideration the vehicle specifics,the fair market value is$10,072. Valuation Summary See N.A.D.A See Valuation Autosourcet Value Section Datall Section N.A.D.A. N.A.D.A-Retail Autosouice Average $ $9,372 9,474 $9,575 210 los ............. ii "inlSSftN tdOntetrar 436 -83 -600 -625 115 -205 ...... .. 58,450... 510,132l *A rip It ............. W 60009. 563.86 ........... ........... 01. bid f*0 10%00.. 7 7- V .............. . .......... ...... ... ....... . ........... ........... 7 77777���4"w .. ..................... [Vehicle ValustionDetall Typical Vehicle T Lu�s Vehicip. Adjustment ,yp!Cal Vehic i_tyltta Lemoyne,PA Lemoyne,PA 9,372 $9,372 YBSE_2006 2006 ma.Ford Ford E-250 E-250 STD STD t#ef0?.2D 21) 94 Cargo Van Cargo Van 2WD 2WO Vie.Not Applicable Not Applicable a Cylinder 5.4 Engine 210 0 Cylinder 4.6 Engine ...... tic 0 4 Speed Automatic AUIOM2 4 Speed White p Cpiof.Not Applicable 435 1 20,029 W(Typical) 09.205 MI(Actual) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 01 cape,o (., �a�„ �°��,�� r ray Jody S Smith ';f ,11�,? 20 s c . Chief Deputy Richard W StewartLAiw YL��1 �1�, Solicitor PENHS Atlantic States Ins. Co. as Subrogee of/to its insured, RB Hobaugh &S Case Number vs. 2014-3314 William Adams SHERIFF'S RETURN OF SERVICE 06/10/2014 09:31 PM- Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint&Notice by handing a true copy to a person representing themselves to be Linda Whalen, Grandmother, who accepted as"Adult Person in Charge"for William Adams at 400 1st Street, Carlisle Borough, Carlisle, PA 17013. CHRISTOP SHARPS, DEP JTY SHERIFF COST: $34.78 SO ANSWERS, June 12, 2014 RONO R ANDERSON, SHERIFF -IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATLANTIC STATES INS. CO. A/S/O RB HOBAUGH & SON, INC. Plaintiff vs. WILLIAM ADAMS Defendant : No. 14-3314 :CIVIL ACTION PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in lieu of the Attorney Verification originally attached. Lloyd S. Markind, Esquire Attorney for Plaintiff ID #52507 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 FILE NO.: 1046461 ra Y`, VERIFICATION I, Q..\-\13\-�� 1��C\\(\c (l,5 verify that am an Authorized Representative for the Plaintiff, ATLANTIC STATES INS. CO. A/S/O RB HOBAUGH & SON, INC. , and are duly authorized to take this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. BY:(4ouc C/2Lc elaAC& Representative of Plaintiff, ATLANTIC STATES INS. CO. AIS/0 RB HOBAUGH & SON, INC. DATE:(,(' /L'- 3 Lloyd S. Markind, Esquire (ID #52507) Markind Law Group, P.C. 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: 1046461 pi..tt r . i -.R0 TQ{;py� 4 H�,qUfi� ��il'; 20A AV; 2 5 Ptl 2: U CUMBERLAND COU ' -v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE1�1`I�SYLVANIA CIVIL ACTION - LAW •• ATLANTIC STATES INS. CO. A/S/O RB HOBAUGH & SON, INC. Plaintiff vs. WILLIAM ADAMS Defendant :No. I 331 : TERM : CIVIL ACTION PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of Plaintiff, ATLANTIC STATES INS. CO. A/S/O RB HOBAUGH & SON, INC. , and against Defendant, WILLIAM ADAMS , for failure to answer or otherwise respond to the Complaint. 1. The Complaint was served upon defendant on by Sheriff. A copy of the Proof of Service is attached hereto as Exhibit A. 2. A Notice Praecipe to Enter Default Judgment was served upon Defendant by regular mail on 7/11/14. 3. A copy of the Notice is attached hereto as Exhibit B. A copy of the Certification of Service of the Notice is attached hereto as Exhibit C. Pursuant to the Notice, Defendant had 10 days in which to answer the Complaint. The ten (10) days expired on 7/21/14. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Assess damages in the principal amount of $.00, being the amount demanded in the Complaint, together with contractual attorney fees of $.00 and interest of $.00 for a total of $.00, together with costs of this action. Date: Ain I �1 Lloyd S. Markind, Esquire (ID #52507) ATTORNEY FOR PLAINTIFF v kt 0 d p, s oda an3/ fithIeJ )2 .# 3ioaato ' Lloyd S. Markind, Esquire (ID #52507) Markind Law Group, P.C. 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: 1046461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ` 2 clU� ATLANTIC STATES INS. CO. A/S/O RB : No. 1 4 — J� HOBAUGH & SON, INC. Plaintiff : TERM vs. WILLIAM ADAMS Defendant TO: WILLIAM ADAMS 400 1ST STREET Carlisle PA 17013 Date: August 9, 2014 : CIVIL ACTION NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Confession of Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings P/ds/Pf IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Markind Law Group, P.C. Lloyd S. Markind, Esquire at this telephone number: 856-616-8710 ' Lloyd S. Markind, Esquire (ID #52507) Markind Law Group, P.C. 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: 1046461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised ATLANTIC STATES INS. CO. A/S/O RB : No. HOBAUGH & SON, INC. Plaintiff : TERM vs. : CIVIL ACTION WILLIAM ADAMS Defendant CERTIFICATION OF NON-MILITARY SERVICE Lloyd S. Markind, Esquire, hereby certifies and says that he is the attorney for the plaintiff; that he is authorized to make this certification on behalf of plaintiff; that the above-named defendants WILLIAM ADAMS reside(s) at 400 1ST STREET, Carlisle PA 17013; and that the defendant(s) WILLIAM ADAMS is/are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Affidavit also certifies that the address of the plaintiff is , , . I verify that the foregoing statement of facts 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.A. 4904 relating to unsworn falsifications to authorities. Date: Al( �F MARKIND LAW GROUP, P.C. Lloyd S. Mar ind, Esquire (ID #52507) ATTORNEY FOR PLAINTIFF Department of Defense Manpower Data Center Status Report Pursuant to Seraicenternbers Civil Relief Act Last Name: ADAMS First Name: WILLIAM Middle Name: Active Duty Status As Of: Aug -14-2014 Results es of : Aug -14-2014 06:12:01 AM SCRA 3.0 :. .:. .:.:. .:.:.:. ...:A'Sn Active D[/y.L4n:Adflve UfjfittaYLs: 8YC- ....:. ... .. Willis : Service:Perrtppn*r Aotiv#P.. itafOtt te: _.__.. Aciht6Pety d`Pate: :.:.: NA :.:.:. Act ve�rr#tiN tshd Dat@.:. :... NA No NA NA This response reflects the individuals' active duty status based on the Active Duty Status Date :. .:. .:.:. .:.:.:. .:.:.:.:. The Merntierorllis1Fiedlint Was#totifiedara:Fuhuie t alt-UptoAedvettuty@wAuIMe.Dut1!:Sts10 rete: tettAtalueDuty:Wlthlrt369; 5.0 atticihre:but}rStgtus:Dute ..... .::.tprderNptifitaPttpi"rtd,Data NA {1PI e.Pttty Start 1-.41@•.... .... :.:.:. Act ve�rr#tiN tshd Dat@.:. :... .,. .. .:.. .. ........:.StglUs. ... .. .. ., . 8elvtcq.Corapolhenf .. :.. NA NA No NA This response reflects where the Individual left active duly status within 367 days preceding the Active Duty Stat s Date :. .:. .:.:. .:.:.:. .:.:.:.:. The Merntierorllis1Fiedlint Was#totifiedara:Fuhuie t alt-UptoAedvettuty@wAuIMe.Dut1!:Sts10 rete: ...... ..... ....... .,, .::... Q'rdyritot bpnste4351e ..... .::.tprderNptifitaPttpi"rtd,Data NA No ervi.ce:Cumpos ri1 NA NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 4121 YA- Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains The Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: YC941387B0BFN70 Ronny R Anderson Sheriff Jody $ Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i ell littorri imot,1 SED Atlantic States Ins. Co. as Subrogee of/to its insured, RB Hobaugh & S vs. Wiliam Adams Case Number 2014-3314 SHERIFF'S RETURN OF SERVICE 06/10/2014 09:31 PM - Deputy Christopher Sharpe, being duly swom according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Linda Whalen, Grandmother, who accepted as "Adult Person in Charge" for William Adams at 400 1st Street, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $34.78 CFfRISTQPJiel SHARPE, DEPUTY SO ANSWERS, June 12, 2014 RON R ANDERSON, SHERIFF cci CountySuire Sheriff, Telensoft Inc Lloyd S. Markind, Esquire (11052507) Markind Law Group, P.C. 102 Browning Ln, Bldg 13, Ste I Cherry Hill NJ 08003 (856) 616-8710 Attorney for Plaintiff File No.: 1046461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised ATLANTIC STATES INS. CO. A/S/O R13 HOBAUGH & SON, INC. Plaintiff vs. WILLIAM ADAMS Defendant TO: WILLIAM ADAMS 400 1ST STREET Carlisle PA 17013 . No. : TERM : CIVIL ACTION NOTICE OF INTENTION TO TAKE DEFAULT DATE OF NOTICE: July jl 2014 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice as set forth above, a, judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Disclosu rc arkind Law Group_,..11 C... Lloyd S. Markind, Esquire Attorneys for Plaintiff You are hereby advised, pursuant to the Fair Debt Collection Practices Act, that this firm is deemed to be a debt collector attempting to collect 11 debt and any information obtained will be used for that purpose. Lloyd S. Markind, Esquire (ID #52507) Markind Law Group, P.C. 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: 1046461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Rule of Civil Procedure No. 236) Revised ATLANTIC STATES INS. CO. A/S/O RB : No. HOBAUGH & SON, INC. Plaintiff : TERM vs. : CIVIL ACTION WILLIAM ADAMS Defendant CERTIFICATION PURSUANT TO Pa. R.C.P. 237 The undersigned hereby certifies that on 7/11/14 I mailed a true and correct copy ,by regular mail, of NOTICE OF INTENTION TO TAKE DEFAULT to: WILLIAM ADAMS 400 1ST STREET Carlisle PA 17013 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. MARKIND LAW GROUP, P.C. Lloyd S. ar ind, Esquire (ID #52507) ATTORNEY FOR PLAINTIFF