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Home My WebLink About06-1172 f,lfILESIDA T AFILEIProgressive7837lCun'enll 1931deccoml Created: oJ2()!()5 \)()()PM Revised 3/1/06 1028AM George B. Faller, Jr., Esquire LD. No. 49813 Michael J. Collins, Esquire LD. No. 200427 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS OF CUMB RLAND COUNTY, PENNSYLVANIA v. NO. CIVIL AMERICAN INDEPENDENT INSURANCE COMPANY, PHILLIP HALL, and ALEXANDER VELASQUEZ, Defendants. DECL NOTICE TORY JUDGMENT You have been sued in court. If you wish to defend gainst the claims set forth in the following pages, you must take action within twenty (20) days after this C mplaint and Notice are served, by entering a written appearance personally or by attorney and filing i writing with the court your defenses or objections to the claims set forth against you. You are wa ed that if you fail to do so, the case may proceed without you and a judgment may be entered against y u by the court without further notice for any money claimed in the Complaint or for any other claim or reli f requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR A WYER AT ONCE. IF YOU DO NOT HAVEALAWYER,GOTOORTELEPHONETHEOFFI ESETFORTHBELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IRING A LAWYER. George B. Faller, Jr., Esquire LD. No. 49813 Michael J. Collins, Esquire 1.0. No. 200427 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMB RLAND COUNTY, PENNSYLVANIA NO. OAt -1172 C;J ---r~ CIVIL. (TION - LAW PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, AMERICAN INDEPENDENT INSURANCE COMPANY, PHILLIP HALL, and ALEXANDER VELASQUEZ, Defendants. DECLA TORY JUDGMENT COMPLAINT AND NOW, comes the Plaintiff, PROGRESS VE NORTHEASTERN INSURANCE COMPANY, by and through its attorneys, MARTSON D ARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiffis Progressive Northeastern Insur ce Company (hereinafter "Progressive"), licensed to do business in Pennsylvania, with a business ad ess of 50 53 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant American Independent Insurance C mpany (hereinafter "AIIC"), is a company licensed to do business in Pennsylvania, with a business a dress of River Park I, 1000 River Road, Conshohocken, Montgomery County, Pennsylvania 1946 . 3. Defendant Alexander Velasquez is an indi idual residing at 2601 Glenwood Drive, Apt. 3G, Brooklyn, Kings County, New York 11210. 4. Defendant Phillip Hall is an individual residin at 1919 Penn Street, Harrisburg, Dauphin County, Pennsylvania 17102. 5. This action is brought by Progressive, p rsuant to the Declaratory Judgments Act, 42 Pa.e.S. 9 7531, et seq., to determine its rights and respons bilities under an automobile insurance policy number 15462739-5 issued to George Lee. A true and acc rate copyofthe Policy is attached hereto as Exhibit "A." 6. The underlying incident occurred on J anu 26,2005, at approximately 2: 15 p.m., at the intersection of Livingston and Smith Streets in Brookl , Kings County, New York 11201. 7. The underlying incident was a two car motor ehicle accident involving a vehicle operated by George Lee and one operated by Alexander Velasque , but owned by Phillip Hall. 8. Plaintiff conducted a registration and claims earch both of which indicate that the vehicle Alexander Velasquez was operating on the dayofthe accide t was insured by AIle. A true and accurate copy ofthe registration report and claims search are attached ereto as Exhibits "B" and "C" respectively. 9. Plaintiffbelieves that the AIlC policy issued to Phillip Hall would provide coverage for Alexander Velasquez and Phillip Hall for George Lee's i juries. 10. As a result of the incident, George Lee all gedly sustained injuries. II. On or about December 1,2005, George Lee i itiated an uninsured motorists claim (UM), by mailing Plaintiff a Demand for Arbitration. A true and acc ate copy of the Demand for Arbitration is attached hereto as Exhibit "D." 12. Under Mr. Lee's policy with Plaintiff, the a plicable New York Automobile Accident Indemnification Endorsement provides $25,000.00 per perso and $50,000.00 per accident for protection against bodily injuries arising from accidents with uninsured! nderinsured motorists. A true and accurate copy of insured's policy with Plaintiffis attached hereto s Exhibit "A." 13. The UM provision under the policy is inappr priate if the tortfeaser who injured Mr. Lee is insured. Because ofthe registration report and claims searc attached to this Complaint as Exhibits "B" and "C," Plaintiff believes AIIC should provide liability c verage to Alexander Velasquez. 14. All parties necessary for the resolution of this tter and whose rights and obligations may be affected thereby, have been joined as parties to this act" on. 15. An actual controversy exists between the parti named herein and the Declaration sought will substantially aid in determining an appropriate resolu ion. i I \ WHEREFORE, Plaintiff, Progressive Northeaste~ Insurance Company, requests this Court to enter a Declaratory Judgment regarding the parties' respecti~e rights, duties and legal relationships with respect to the insurance policies at issue specifically: I A. Declaring Alexander Velasquez i1sured by American Independent Insurance Company during the time in which the underlying accident occurred; B. Declaring the vehicle involved in the ~nderlying accident, owned by Phillip Hall and operated by Alexander Velasquez to be insured by American Independent insurance Company during the time n which the underlying accident occurred; C. That Progressive owes no duty unde its UM provision, because of the availability of insurance through American In ependent Insurance Company; D. Declaring Progressive, under the terms of the Policy, is not obligated to compensate George Lee for any clai s or losses suffered by him as a result ofthe underlying incident; E. Awarding costs of this action to P F. Awarding such other relief as the ourt may deem just and proper. By: Geo e . Faller, Jr., Esquire LD. No. 9813 Michael . Collins, Esquire I.D. No. 00427 10 East igh Street Carlisle, A 17013 MARTSON DEARDORFF WILLIAMS & OTTO .~ / Attorney for Plaintiff Date: March 1,2006 .. '" :',:~~:~~L~A"" r-;<h1bd- A Print Page I of2 DART BROKERAGE CORP 57SEFORDHAM ~RONX, If( 10458 nri\1o ._"_~ GEORGE ill 3851 RESIDENTIAL DR UTICA, NY 1 3501 Policy number. 15(62739-5 Underwritten by: ?rng1MSNt \.Iol1l'll!astl!m lnsurance (0 December27,2004 Pc1icV Period: FQb21,200S-Aug 21. 1005 Pagelo12 71g.36S.s&S6 DART IlROIlEIAGE CORP Contact your agent br plfSOnahed SllNice. driveinsul'lnce.com Make payments, chKk billing activity, update policy inbmlalion Of ,heel:: status of a claim. Auto Insurance Coverage Summary This is your Renewal Declarations Page .80-925.281, To report a clom, Of rt your agent is \lI'Ia\Ia~abIe, The coverages, limits and policy penod shown apply only if YO'J pay for this policy to renew. Yourmverage begins on February 21, 2aQSat 12:01 a.m, This policy expires an August 21, 2005 at 12:01 a.m. 'four insurence policy and any policy endorsements contain a fuU explanation of your coverage. Th~ policy oontsaCl is lonn 9608 NY (04/03) The "'ntoO is modified by forms 1033 NY (04/04) and 6073 NY (09/01), Supplementary UninsuredlUnderinsured Motorist: (SUM) The maximum amoun1 payable under SUM coverage shall be the pollcys SUM r.mits reduced and thus off>et by motor vehicle bodily in;.ry liability insurance policy or bond paymerrts received tram. or on behalf oj, any negligent party inl/Olved in the acddent, as specified in the SUM endorsement. Drivers and household residents GEORGE lEE Additiooallmlllrnation: Da1f~81n1l Deai:'19i7'"" NarTPCl insured ~ MarillllSIilQlI Mall! .. .................'Siilgie'.... Form648gNY(lMI4) I (onlilMd IE-C(QJiPlW Exhibit A http://sharedapps2/0nlineArchiveDocumentViewerlPrintPreview.aspx?Index= 154627395DECP... 12/06/2005 Print Page 2 of2 FolicynlJ'llber 15462739-5 GtollGEliE PagtlO12 Outline of coverage 1992 Lo.... SC 400 CP VIN: ITBUl3OClN001B0J2 Garaging Zip Code: 13502 l.imil$ Deductlbll PrfI'IIlOOl L'iabiiitY'To.i:ittie~' . Bo,i~ I'ju~ lia~li1y mmo eadl pt~I$IO,OOO"th "o<lent $167 Including Supplemental Spousalliabilrty Prnpony Oamage liability 110,000 each accident 211 Ma'ridaia~ Pe~ona'( iiiju~ Protection' :$~?~~~~ :~0 :~~~.. $200' 181 ACid'iiionaIPe-rso"nil(iiijuiY'proteCtian 4 Out-of-state Guest Occupancy Only opiioiiiifsas"jC"EconomiC'Loss'" $i5))OOeaCh'~"" '''-8 AggregaJfNO:iauliiii"irtSAvai~b~ '.Iji;ooo" ." Death Benefit $2.000 MaxirJ1Jm Monthly WrA loss $2,000 Other Reasonable & Ne"ssa~ Expens" (per dayl $21 5u'ppfemenia~ ilnii-isii1idiunderins'ure"(j' MotOrist" . -$2S;OOO'eadi '~SO;OOO "e&h '~'(d'dent' -.." 16 MedicafpaymentS ........ n. .. ..........."......... "'i5:000'eaCh'~oi)"-"""'" .-....".-......... 5 iOiiilsnilliitiipoiieyp;ollliiiiit ' $632 Premium discounts - i99iGi,UiiC400C? ....,... Aiiti4:o;i8ia~"" Vift ... Jiiilil30CINOD1BOJT AmtlJIIt Desaipticln .....'liy.. . . 'PaSSiveRestraiiiC' ..... ilt Mease review the Rating Information provided in the Required Information Notice, fmm 3072. included in this m~~ng. Ia a d"cription of discoun~ which may be available if you qualify, Premium surdlarges This policy is not surmarged, Surcharges may be app~ed in the Mure as Oltlined in the Rating Inmation provided in lhe Required Information Notice, Form 3072.lnduded in this mailing. New York Motor Vehicle Law Enforcement Fee The New York Motor Vehicle law Enforcement Fee is required by law and is used to fund activities relating to the detection, prosecution, or reduction of auto thefts. Policy tier This policy bas b..n assigned to the Mid-Marker tier. For COmpany use only VIN JTBUl30WKl01BOJ2 lIAB COMP COll II PIP 18 MiM ISI Rated Dnver GEORGtlEE kmn&mtN(11iU4) ~C604,1I MN,CC,GO 34,ac:AAH1l5U E-C~ll>>1f http://sharedapps2/0nlineArchiveDocurnentViewer/PrintPreview _aspx?Index= 154627395DECP .__ 12/06/2005 '"' '-.. ::;~: :'-\,;,~"" -- l><-~\ b' t- D PENNSVlVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT Zl2~/05 PAGE 1 074246 050540734000142 004 OWNER PHIL LIP HALL 1919 PENN S1 PO BOX 3864 HARRISBURG PA 17102 LESSEE NONE TITlE NUMBER TAG NUMBER VIN 61037855 FTM4639 IFBSS31'l8XHB28452 NO NO TITLE DATE REGISTRATION BODY TYPE ODOMETER READING !tACTUAL MILEAGE DUPLICATE TITLE COUNT VEHICLE VEAR STOLEN DATE , 10/16/04 EXPIRY DATE: 07/05 I SW 99,842lE MAKE MODEL RENEWAL WID PREVIOUS TAG LI ENS STOPS !'"ORD 042800013000124 001 o 1999 TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE k' W~ jJJ~ /llb~ 1'111 q tJ55H /'d'1 ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO llOX 68691 HARRISllURG, PA 17106-8691 Soueh4rn Auto TS9 Service Po O. Box 60470 Philadelphia. PA 19145 Phone:215-:334-66Qo F8l<: 215-3:34-0'7'75 . INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-Of-STATE 717-391-6190 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US Exhibit B ... t.~ ~',: ~.~ ',':,:,'/"'" \ (X~lb)t ~ 'SO ClaimSearch - The Integrated SL. _,on I Page 2 of2 ~nnatRilport 'I About ISO Claim Search I User Manuals and Guides I User Profile I Loo Out ISOnet Home I ISO Corporate Home Copyright@ 2004 ISO Properties, Inc. AIJ rights reserved. IttpS:/ /claimsearch.iso_comlClaimsInquiry/iq~en_ srch Jesults.asp?action=RO&hit_ typ=N&srch=2&src... 03111/2005 .--- ' - tx~)b it ~ LAW FIRM OF MICHAEL LEVITIS & AssOCIATES, P.C. 217186'" STREET, 2"" Floor . BROOKLYN, NEW YORK 11214 TEL (718) 333-0790 ( FAX (718) 333-2057 December 1,2005 Certified mail- return receipt requested 7004 11600003 8983 1083 Progressive Insurance Company Attn: Sandra Ginberg RE:055296067 75-20 Astoria Boulevard, Suite 320 East Elmhurst, NY 11370 RE: Claimant(s): George Lee Insured: Dial A: Claim #: Our File #: George Lee 1/26/2005 055296067 2005-25 Dear Sondra Ginberg: Enclosed please find REQUEST FOR UM ARBITRA nON for the above referenced matter. Please be advised that as per CPLR g7503(c): ". " Unless the party served with demand for UM arbitration applies to stay same within 20 days after such service, he shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of the limitation of time". See CPLR !i7503(c). Please call me if you have any questions. l;~'Y' eata M.K. /, " i" '--~:('\ ,<'0 L/ ", ^frl. 'I'':'' ~~y -:--3~ '"1.:;; Exhibit D ~ .. : - . .' . The original ofthU demand mwt be served on the other party by oeD,S, cenified ma.il-relurn rtteipt requested. Three (3) copies ofthU deDW1d, together with corresponding copi~ ofthe eno.3nement and decbl1uions page. mwt be fi.lc:d at 1633 Broadway. N cw York. NY 10019_6708. A non-n:fundable administrative fee: in the amount of two tNndre<i ~ru..: fifty dolhn ($250) isduc and payoable at the time offiling this dem~d. REQUEST FOR ClsUM ARBITRATION OR~M ARBITRATION (") CHOOSE ONE ONLY (choice of forum for resolution of the dispute is subject to th~ information contained in the declarations sheet, if provided) DATE: \)~C..RJM \?e.r To the Respondent (Thenaror:oflhe~) r (' (Sendtbc thepanyontriwmthedemmdisblSnfIlllOe. Wbmtli1cdbyaninsurCld..tMoripIaI.shIlIbc tdircc:t1y arbttntian is lQllIht siiliertheomcetrbcrelhedailn Iw ~ ~ortheot1icec;losCllllttothe~oftbcincuJred..) p \ l L.D<()~ the cWms: offt.oeofthe ~ undd'" _base pohcy City GQ~ bs&.1e.v 0.. d. N\( \ , Sl1 , t.c 3>20 1\.,,70 7 S; -2.0 ()<:.+Oc-lo... f;l....l...v r ~.t- Tdephondl(8) ~o::,-""'n_'-{o Faxfll& S-ol~'l':ObS PLEASE TAKE NOTICE that the filing party, a party to an insurance policy providing for protection against loss due to personal injuries sustained in accidents involving uninsured, underinsured or hit.and-run motorist that provides for arbiuation of disputes, arising thereunder in accordance with the rules of the Ame.rican Arbitration Association, hereby demands arbitration hereunder. The Issuing Compan)' 'Pro ~ I~<:''' I Jl(... Address of the Insurer's Claims Offi (if known) Name of the Individual with Whom the. Claim was Discussed S OIA~ be.... Name of the Policyholder Ge.ar 9 "-- Le..e , Address and Telephone Number of the Policyholder (on date ofarodent) Address Stale Zip Code T", I,.I..l,a '-' c...(. CB~cur ' ,.' r L~Jntr,~~: ~~ ~S- V'v\C\ r \ \,\,,-,<; lo.c, I;' .::~ .._~,-:... 'Skofe;., \ ~'1 , \Cl"2"o~ .,(. Policy Number Claim File Numhe Applicable Policy Limits Name(s) of Applicant (s) G €.J;l '5 <, lQ..~ Effective From to Tortfeasor's Policy Limits Check if a minor Amount Claimed Q $ ---1 00 000.0'0 Q $ L Q $ N aIDe of Leg31 Representative 1" Da,e of the ACCIdent I 1-1 ,i, '" J ,to", S+l:'i!.L~~~;;J,:- ~ THE. NATURE OF Dlspt..-rt AND THE. INJURES ALLEGED (iluacbaddnJonal sheets.ifn~ry.a1tbougholfcnorscujcment sboWd Dot be mcluded) f J _ -'.4 ~ninsured Q Underinsured Q Hit-and-Run You are hereby notified that copies of our arbitIauon agreement and this demand are being filed with the American Arbitration AssociaLion located at 1633 Broadway. New Yark., NY, 1 0019~6708. with a request that it commence administration of th~ arbitration. Please taKo further nouce that, pursuant to is 7503 (c) of the Civil Practice Law and Rules, unless, within twen!:)' (20) da)'s after se.rvice of this Dnrumd fOT ArbitTatWn or Notice of Intention to Arbitrate:, you apply to stay arbitration; you will thereafter be precluded from objecung mat a valid agreemenl was not made or has not been complied with and from asserting in court the bar of a limitation ofume. f}~ Signed 11:: - , U (Msy be Si.St'ad. by a Rcpl'aCP.tIIg~..) Name. Addre". Tde~'iEl;!~a.J..!;;1(!1;lI1&Qf the Repre",mative , I ,,~Ii'S'ireet, 2nd Floor Biwklyn, NY 11214 Name. Address, Tdephone and Facsimile; Number for the AppliCU1[ TeIePhond7(gi:.':;>-c7Q.C Faxv(f) ''>::'3 - ?.057 Telephone ( Fax ( '. VERIFICATION I,~t\~~G\~ who is (A ~'~~k<' ",,'t"'IV\\lu\rf Progressive Northeastern Insurance Company acknowledge I have the authority to execute this Verification on Progressive Northeastern Insurance Company, and certify the foregoing Complaint is based upon information which has been gathered bymy counsel in the preparation ofthe lawsuit. The language of this Amended Complaint is that of counsel and not my own. I have read the document and to the extent the Amended Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subjectto the penalties ofl8 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that ifIknowinglymake false averments, I may be subject to criminal penalties. PROGRESSIVE NORTHEASTERN INSURANCE COMPANY By: F \I'ILESIDA T AFILEIProgres,ive7837$\menl\ 193\deccoml J$ ~~ . ~. ~ -..\ -:t~~ 0'1 0 l.J' .....- <--^' . \ \ ' Vl n' ~) .-.- '-;K' ... .~ :.::.1 , . . -< , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Plaintiff NO. 06-1172 CIVIL v. CIVIL ACTION - LAW AMERICAN INDEPENDENT INSURANCE COMPANY, PHILLIP HALL and ALEXANDER VELASQUEZ, Defendants DECLARATORY JUDGMENT PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John P. Stengel, Esquire, of Eager, Spinello, Quinn & Stengel as attorney of record on behalf of the Defendant American Independent Insurance Company in the above captioned action. EAGER, SPINELLO, QUINN & STENGEL D'I'd~liOG BY: J.n . en el, Esquire At!ney for efendant A rican Ind pendent Insurance Co pany I.D. No. 64041 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 , ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: George B. Faller, Jr., Esquire Michael J. Collins, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 EAGER, SPINELLO, QUINN & STENGEL Dated: L BY: J I , Jon P. ten el, Esquire Atto ey for efendant Am ican Ind pendent Insurance Company 1.0. No. 64041 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 , "'-;'\ c. !. ('~ , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE NORTHEASTERN INC C VS AMERICAN INDEPENDENT INS CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: AMERICAN INDEPENDENT INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLT,NOTC, REQ PROD DOC 27th , 2006 , this office was in receipt of the On March attached return from MONTGOMERY ~ ~...~ R. Thomas "~l e Sheriff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co Postage 18.00 9.00 10.00 33.00 1. 35 71. 35 03/27/2006 MDW&O Sworn and subscribed to before me :J../JV(,. day of ~ A.D. this /71€:. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01172 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE NORTHEASTERN INC C VS AMERICAN INDEPENDENT INS CO R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HALL PHILLIP but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLT,NOTC, REQ PROD DOC On March 27th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 6.00 9.00 10.00 29.25 1. 35 55.60 03/27/2006 MDW&O ~ '~';7 ~. answ'. // './-'-::~='~/ ---- ~ ..' ,-..;;..,-.c~;.;.:;:.~~;:;:'::------ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this J'1t' day o~ .z &-6 (.. A.D. Prothonotary he Court of Common Pleas of Cumberland County, Pennsylvania . Progressive Northeastern Insurance Canpany ~(!/ VS. I\merican Independant Insurance Canpany et al SERVE' N 06-1172 civil . sane o. Now, March 2, 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~y~~ Sheriff of Cumberland County, PA Affidavit of Service within 'sl9 C/A- D0 'f" , 2~, at J).;)..(; o'clock L M. served the Now, upon at :'5 CAjII) e... byhandingto r'LQ--f'l J~ vl,'.,..p a copy of the original and made known to the contents thereof, So answers, ~~~ COSTS SERVICE MILEAGE AFFIDAVIT j~:):^-''l ~ ~-=-'l .:1: - ~ :!",:,1<Io:::V :.:;,., ill ~ C-J '-,,"', r'j $ ,-." ..c::: [;1 ..;::..... ~_.. ....-.~. ", ~ 0 , -..,., ::::a '- 1 :::;: l'} \,1: l R . NolOlY PubliC NORRISTOWN BOROUGH MONTGOMERY COUNTY '. ., 3 2008 M', CO,1111'ICo,lon E\iJlft'. Dee, , w C/1J $ In The Court of Common Pleas of Cumberland County, Pennsylvania Progressive Northeastern Insuranc;::e CClllpany VS. I\merican Independant Insuranc;::e CClllpany et al SERVE: Phillip Hall No. 06-1172 civil Now, March 2. 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff, , r~~~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffite of tqr ~4rriff William T. Tully Solicitor Charles E, Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PROGRESSIVE NORTHEASTERN INSURANCE vs County of Dauphin HALL PHILLIP Sheriff's Return No. 0352-T - -2006 OTHER COUNTY NO. 06-1172 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HALL PHILLIP the DEFENDANT named in the within NOTICE/COMPLAINT & REQUEST and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND. March 21, 2006 HOUSE IN REAL ESTATE, VACANT Sworn and subscribed to before me this 21ST day of MARCH, 2006 ji!p Sheriff of Dauphin County, Pa. ~~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs: $29.25 PD 03/06/2006 RCPT NO 215435 . ~ F: \FILESIDA T AFILElProgressive7837\Current\ 193\praJ/nlm Created: 9/20/04 0:06PM Revised: 7/6/06 11:37AM 7837.193 George B. Faller, Jr., Esquire I.D. No. 49813 Michael J. Collins, Esquire I.D. No. 200427 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1172 CIVIL ACTION - LAW AMERICAN INDEPENDENT INSURANCE COMPANY, PHILLIP HALL, and ALEXANDER VELASQUEZ, Defendants DECLARATORY JUDGMENT PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. By Geo B. Faller, Jr., Esquire I.D. Number 49813 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 S & OTTO Attorneys for Plaintiff Date: July 6,2006 " .. CERTIFICATE OF SERVICE L Nichole L. Myers, an authorized agent for MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John P. Stengel, Esquire EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, P A 1760 I MARTSON DEARDORFF WILLIAMS & OTTO By lchdi ~ f4fn= Nichole L. Myers 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 6, 2006 -1 -:':+-t C') .. ... _....I _,....i (i'1