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HomeMy WebLinkAbout02-3558POST & SCHELL, P.C. BY: JOSEPH R. FOWLER and LEE H. ECKELL I.D. # 55661 and 86389 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAiNTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES PROVIDENCE WASHINGTON INSURANCE COMPANIES, Plaintiff LINDA KELLETT, and BOB KINDER & SON, INC. and CERTAiN UNDERWRITERS AT LLOYDS OF LONDON SUBSCRIBiNG TO POLICY #970150MORGAN23-52 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. NOTICE TO DEFEND 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 fuaher notice for"an~ money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral and Information Service Court Administrator's Office Cumberland County Courthouse 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE-(800)990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la n~tificacion. Hace falta asentar una comparencia escrita a o en persona o con tm 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 suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTAT DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE IENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral and Information Service Court Administrator's Office Cumberland County Courthouse 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (800)240-6200 POST & SCHELL, P.C. LEE H. ECKELL, ESQUIRE POST & SCHELL, P.C. BY: JOSEPH R. FOWLER and LEE H. ECKELL I.D. # 55661 and 86389 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 PROVIDENCE WASHINGTON INSURANCE COMPANIES, Pl~mtffi LINDA KELLETT, and BOB KINDER & SON, INC. and CERTAIN UNDERWRITERS AT LLOYDS OF LONDON SUBSCRIBING TO POLICY #970150MORGAN23-52 Defendants ATTORNEYS FOR PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES COURT OF COMMON PLEAS CUMBERLAND COUNTY DECLARATORY JUDGMENT ACTION AND CIVIL COMPLAINT OF PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES Plaintiff, Providence Washington Insurance Companies (hereinafter "Providence Washington") is a corporation organized and existing trader the laws of the State of Rhode Island, and having a principal place of busines's i~ Rhode Island. Defendant, Bob Kinder & Son, Inc., (hereinafter "Bob Kinder & Son") is a corporation organized and existing under the laws of the Commonwealth of Indiana, and having a principal place of business at 9135 N. Meridian Street, Suite B-l, Indianapolis, Indiana, 46260. 3. Defendant Linda Kellett (hereinafter "Kellett") is an adult individual whose address is P.O. Box 252, New Kingstown, PA, 17072. Defendant, Certain Underwriters at Lloyds of London Subscribing to Policy #970150MORGAN23-52 (hereinafter "Lloyds of London") present address is unknown, however it is believed, and therefore averred, that Defendant Bob Kinder & Sons is an authorized agent for service of Lloyds of London in this instance. Count I- Declaratory Judgment Plaintiff v. Bob Kinder & Son~ Inc. and Certain Underwriters at Lloyds of London Subscribing to Policy #970150MORGAN23-52 5. Plaintiff incorporates by reference the preceding paragraphs of its Declaratory Judgment and Civil Complaint as though the same were set forth herein at length. 6. Plaintiff seeks relief under the Declaratory Judgment Act, 12 P.S. §7531, et seq. 7. Defendant Lloyds of London issued Kellett a non-trucking Automobile Policy, No. 970150MORGAN23-52, with a policy period from March 15, 2000 to March 15, 2001. 8. The motor vehicle insured by Lloyds of London is listed as an 82 Kenworth. Plaintiff Providence Washington issued a trucking policy of insurance to a company known as Towaway Express, Inc. d/b/a American Trailer Transporter under the policy number T6B2100762 for the period 4/1/00 through 4/1/01. 10. The Providence Washington Policy provided coverage to Defendant Kellett only while she was driving her truck exclusively for Towaway Express, Inc. 11. On October 11, 2000, Kellett was involved in a motor vehicle accident while operating the 1982 Kenworth, which led to a fuel spill. 2 12. On October 11, 2000, Kellett made her last delivery for Towaway Express between 1:15 pm and 1:45 pm in Lancaster, Pennsylvania. 13. Subsequent to her last delivery, Kellett contacted the Towaway Express, Inc. dispatcher and was informed that there were no more deliveries for Towaway Express, Inc. at that time. 14. Kellett indicated to the dispatcher that she was bringing her tractor to her repair shop for service. 15. At the time Kellett contacted her dispatcher, Kellett was in Lancaster, Pennsylvania, approximately 53 miles east of her home in New Kensington. 16. Upon information and belief, at the time of this motor vehicle accident, Kellett's truck was principally garaged at her home in New Kensington. 17. The October 11, 2000 motor vehicle accident occurred in Carlisle, Pennsylvania, which is approximately 8 1/2 miles west of New Kensinton. 18. At approximately 5:00 p.m on October 11, 2000, Kellett was exiting a shoe store parking lot when her mack's fuel tank smack the top of a concrete barrier and caused a fuel spill. 19. At the request of Towaway Express, Inc., an entity known as H.M.H.T.T.C. Response Team, Inc. provided cleanup and disposal services by removing hazardous materials from the accident site. 20. H.M.H.T.T.C. Response Team, Inc. tendered a bill to Towaway Express, Inc. which was subsequently paid by Providence Washington as Towaway Express Inc.'s insurance carrier. A true and correct copy of the release agreement between H.M.H.T.T.C. Response Team, 3 Inc. and Providence Washington indicating that plaintiff paid H.M.H.T.T.C. Response Team, Inc. $14,500.00 is attached hereto and marked as Exhibit "A." 21. Lloyds of London, through Bob Kinder and Son, denied coverage to Kellett under the non- trucking policy. 22. Lloyds of London, through Bob Kinder and Son, wrongfully denied coverage under the non- trucking policy. WHEREFORE, by and through its undersigned counsel, Plaintiff respectfully requests this Court to issue the following declaration: Plaintiff has no duty to provide coverage or indemnify Defendants, or any other insured under the policy of insurance, No. T6B2100762 with regard to the fuel spill that occurred on October 11, 2000. Defendants must indemnify and/or pay contribution to Plaintiff for all expenses related to this matter, specifically the $14,500.00 paid by Towaway Express, Inc. by and through its insurance-carder, Providence Washington Insurance Companies, to H.M.H.T.T.C. Response Team, Inc. Defendants must reimburse Plaintiff reasonable attomeys fees related to this matter. Such other relief as this Court may deem just. 4 Count II- Negligence Plaintiff v. Defendant Kellett 23. Plaintiff incorporates by reference the preceding paragraphs of its Complaint as though fully set forth herein at length. 24. Prior to 1:15 p.m. on October 11, 2000, Defendant Kellett was operating her truck in Pennsylvania in the course and scope of her employment for Towaway Express, Inc. 25. Between 1:15 p.m. and 1:45 p.m. on October 11, 2000 Kellett made her last delivery for Towaway in Lancaster, Pennsylvania. 26. Kellett was informed after the Lancaster delivery that there were no other deliveries for Towaway Express at that time. 27. While off dispatch, and outside the course and scope of her employment, Kellett then used her tractor as her personnel vehicle, and drove from Lancaster, Pennsylvania to Carlisle, Pennsylvania to a shoe store for her own personnel business. 28. Kellett thereafter negligently, carelessly, and recklessly struck a concrete ramp which ruptured the saddle tank of her tractor, thereby causing approximately 10 gallons of diesel fuel to spill. 29. Defendant Kellett was negligent, careless and reckless in that she: a) b) c) drove too fast under the cimumstances; failed to maintain control of her vehicle; failed to remain attentive; d) failed to maintain a proper lookout for objects in the roadway; e) violated various statutes of the Commonwealth of Pennsylvania pertaining to operation of a motor vehicle; and f) was negligent, careless and/or reckless under the circumstances then existing. 30. State law mandates the cleanup ofhazardons materials which are spilled. 31. Kellett's employer, Towaway Express, entered into a written agreement with H.M.H.T.T.C. Response Team to clean up Kellett's fuel spill pursuant to state law. 32. Providence Washington, the insurance carrier for Towaway Express, then tendered a check in the amo.unt of $14,500.00 to H.M.H.T.T.C. Response team, which represented the balance owed to H.M.H.T.T.C. Response team, as'well as interest, for their services. A true and correct copy of proof of said payment is attached hereto as Exhibit "B." 33. As Kellett Washington individually. negligently, carelessly, and recklessly caused the fuel spill, Providence is thus entitled to indemnification and contribution from Linda Kellett WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of $50,000.00, together with interest, costs, counsel fees, and any other such relief as is just. POST & SCHELL, P.C. JOSEPH R. FOWLER LEE H. ECKELL Attorneys for Plaintiff Providence Washington Insurance VERIFICATION LEE ECKELL, ESQUIRE, hereby states that he is counsel for plaintiff, Providence Washington Insurance Companies, in the within action and verifies that the statements made in the foregoing Plaintiff's Declaratory Judgment Action and Civil Complaint, are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: LEE H. ECKELL, ESQUIRE VERIFICATION BETH JOHNSON, hereby states that she is an authorized representative of plaintiff, Providence Washington Insurance Companies, in the within action and verifies that the statements made in the foregoing Plaintiff's Declaratory Judgment Action and Civil Complaint, are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BETH JOHNSON Exhibit A POST & SCHELL, P.C. BY: JOSEPH R. FOWLER and LEE H. ECKELL I.D. # 55661 and 86389 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES PROVIDENCE WASHINGTON INSURANCE COMPANIES, Plaintiff LINDA KELLETT, and BOB KINDER & SON, INC. and CERTAIN UNDERWRITERS AT LLOYDS OF LONDON SUBSCRIBING TO POLICY #970150MORGAN23-52 Defendants COURT OF COMMON PLEAS 2UMBERLAND COUNTY NOTICE TO DEFEND 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 defemes or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. Lawyer Referral and Information Service Court Administrator's Office Cumberland County Courthouse 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE-(800)990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita a o en persona o con un abogado y entregar a la corte en forma eserita sus defensas o sus objeciones a las demandas en contxa de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en con~:a suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ol~os derechos importantes para usted. LLEVE ESTAT DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE IENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral and Information Service Court Administrator's Office Cumberland County Courthouse 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (800)240-6200 POST & SCHELL, P.C. LEE H. ECKELL, ESQUIRE POST & SCHELL, P.C. BY: JOSEPH R. FOWLER and LEE H. ECKELL I.D. # 55661 and 86389 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 PROVIDENCE WASHINGTON INSURANCE COMPANIES, Plaintiff LINDA KELLETT, and BOB KINDER & SON, INC. and CERTAIN UNDERWRITERS AT LLOYDS OF LONDON SUBSCRIBING TO POLICY #970150MORGAN23-52 Defendants ATTORNEYS FOR PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES COURT OF COMMON PLEAS 2UMBERLAND COUNTY DECLARATORY JUDGMENT ACTION AND CIVIL COMPLAINT OF PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES Plaintiff, Providence Washington Insurance Companies (hereinafter "Providence Washington") is a corporation organized and existing under the laws of the State of Rhode Island, and having a principal place of business in Rhode Island. Defendant, Bob Kinder & Son, Inc., (hereinafter "Bob Kinder & Son") is a corporation organized and existing under the laws of the Commonwealth of Indiana, and having a principal place of business at 9135 N. Meridian Street, Suite B-l, Indianapolis, Indiana, 46260. 3. Defendant Linda Kellett (hereinafter "Kellett") is an adult individual whose address is P.O. Box 252, New Kingstown, PA, 17072. Defendant, Certain Underwriters at Lloyds of London Subscribing to Policy #970150MORGAN23-52 (hereinafter "Lloyds of London") present address is unknown, however it is believed, and therefore averred, that Defendant Bob Kinder & Sons is an authorized agent for service of Lloyds of London in this instance. Count I- Declaratory Judgment Plaintiff v. Bob Kinder & Son~ Inc. and Certain Underwriters at Lloyds of London Subscribing to Policy #970150MORGAN23-52 5. Plaintiff incorporates by reference the preceding paragraphs of its Declaratory Judgment and Civil Complaint as though the same were set forth herein at length. 6. Plaintiff seeks relief under the Declaratory Judgment Act, 12 P.S. §7531, et secl. 7. Defendant Lloyds of London issued Kellett a non-tracking Automobile Policy, No. 970150MORGAN23-52, with a policy period from March 15, 2000 to March 15, 2001. 8. The motor vehicle insured by Lloyds of London is listed as an 82 Kenworth. Plaintiff Providence Washington issued a trucking policy of insurance to a company known as Towaway Express, Inc. d/b/a American Trailer Transporter under the policy number T6B2100762 for the period 4/1/00 through 4/1/01. 10. The Providence Washington Policy provided coverage to Defendant Kellett only while she was driving her truck exclusively for Towaway Express, Inc. 11. On October 11, 2000, Kellett was involved in a motor vehicle accident while operating the 1982 Kenworth, which led to a fuel spill. 2 12. On October 11, 2000, Kellett made her last delivery for Towaway Express between 1:15 pm and 1:45 pm in Lancaster, Pennsylvania. 13. Subsequent to her last delivery, Kellett contacted the Towaway Express, Inc. dispatcher and was informed that there were no more deliveries for Towaway Express, Inc. at that time. 14. Kellett indicated to the dispatcher that she was bringing her tractor to her repair shop for service. 15. At the time Kellett contacted her dispatcher, Kellett was in Lancaster, Pennsylvania, approximately 53 miles east of her home in New Kensington. 16. Upon information and belief, at the time of this motor vehicle accident, Kellett's truck was principally garaged at her home in New Kensington. 17. The October 11, 2000 motor vehicle accident occurred in Carlisle, Pennsylvania, which is approximately 8 1/2 miles west of New Kensinton. 18. At approximately 5:00 p.m on October 11, 2000, Kellett was exiting a shoe store parking lot when her truck's fuel tank struck the top of a concrete barrier and caused a fuel spill. 19. At the request of Towaway Express, Inc., an entity known as H.M.H.T.T.C. Response Team, Inc. provided cleanup and disposal services by removing hazardous materials fi-om the accident site. 20. H.M.H.T.T.C. Response Team, Inc. tendered a bill to Towaway Express, Inc. which was subsequently paid by Providence Washington as Towaway Express Inc.'s insurance carder. A mae and correct copy of the release agreement between H.M.H.T.T.C. Response Team, Inc. and Providence Washington indicating that plaintiff paid H.M.H.T.T.C. Response Team, Inc. $14,500.00 is attached hereto and marked as Exhibit "A." 21. Lloyds of London, through Bob Kinder and Son, denied coverage to Keller under the non- trucking policy. 22. Lloyds of London, through Bob Kinder and Son, wrongfully denied coverage under the non- tracking policy. WHEREFORE, by and through its undersigned counsel, Plaintiff respectfully requests this Court to issue the following declaration: Plaintiff has no duty to provide coverage or indemnify Defendants, or any other insured under the policy of insurance, No. T6B2100762 with regard to the fuel spill that occurred on October 11, 2000. Defendants must indemnify and/or pay contribution to Plaintiff for all expenses related to this matter, specifically the $14,500.00 paid by Towaway Express, Inc. by and through its insurance carder, Providence Washington Insurance Companies, to H.M.H.T.T.C. Response Team, Inc. Defendants must reimburse Plaintiff reasonable attomeys fees related to this matter. Such other relief as this Court may deem just. Count II- Negligence Plaintiff v. Defendant Kellett 23. Plaintiff incorpurates by reference the preceding paragraphs of its Complaint as though fully set forth herein at length. 24. Prior to 1:15 p.m. on October 11, 2000, Defendant Kellett was operating her truck in Pennsylvania in the course and scope of her employment for Towaway Express, Inc. 25. Between 1:15 p.m. and 1:45 p.m. on October 11, 2000 Kellett made her last delivery for Towaway in Lancaster, Pennsylvania. 26. Kellett was informed after the Lancaster delivery that there were no other deliveries for Towaway Express at that time. 27. While off dispatch, and outside the course and scope of her employment, Kellett then used her tractor as her personnel vehicle, and drove from Lancaster, Pennsylvania to Carlisle, Pennsylvania to a shoe store for her own personnel business. 28. Kellett thereafter negligently, carelessly, and recklessly struck a concrete ramp which ruptured the saddle tank of her tractor, thereby causing approximately 10 gallons of diesel fuel to spill. 29. Defendant Kellett was negligent, careless and reckless in that she: a) drove too fast under the circumstances; b) failed to maintain control of her vehicle; c) failed to remain attentive; d) failed to maintain a proper lookout for objects in the roadway; e) violated various statutes of the Commonwealth of Pennsylvania pertaining to operation ora motor vehicle; and f) was negligent, careless and/or reckless under the circumstances then existing. 30. State law mandates the cleanup of hazardous materials which are spilled. 31. Kellett's employer, Towaway Express, entered into a written agreement with H.M.H.T.T.C. Response Team to clean up Kellett's fuel spill pursuant to state law. 32. Providence Washington, the insurance carrier for Towaway Express, then tendered a check in the amount of $14,500.00 to H.M.H.T.T.C. Response team, which represented the balance owed to H.M.H.T.T.C. Response team, as well as interest, for their services. A true and correct copy of proof of said payment is attached hereto as Exhibit "B." 33. As Kellett negligently, carelessly, and recklessly caused the fuel spill, Providence Washington is thus entitled to indemnification and contribution from Linda Kellett individually. WItEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of $50,000.00, together with interest, costs, counsel fees, and any other such relief as is just. POST & SCItELL, P.C. JOSEPH R. FOWLER LEE H. ECKELL Attorneys for Plaintiff Providence Washington Insurance 6 VERIFICATION LEE ECKELL, ESQUIRE, hereby states that he is counsel for plaintiff, Providence Washington Insurance Companies, in the within action and verifies that the statements made in the foregoing Plaintiff's Declaratory Judgment Action and Civil Complaint, are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LEE H. ECKELL, ESQUIRE DATE: VERIFICATION BETH JOHNSON, hereby states that she is an authorized representative of plaintiff, Providence Washington Insurance Companies, in the within action and verifies that the statements made in the foregoing Plaintiff's Declaratory Judgment Action and Civil Complaint, are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BETH JOHNSON Oct 04 O1 02:04p Larry S. Eisman 610 668 3625 p.2 P~ FROM : ROB REIBSTEIN ATTORNEY PHON~ NO. : 610+667+149~ S,.e~. 28 2001 0~:44AM .~I .~ASK OF ALL CLAIMS K~OW ALL MEN BY THESE PRF~ENTS: That we.. H.M.H,T.T.C. I~$PONSE TF, AI~ II~C~ for thc sole considctation of FOURTEEN THOUSAND FIVE HUNDRED DOL. LAI~ AND Y, ERO ~ ($14,500,00) to me in hand paid by PROVlDF~CI~ wASmNOTON INSURANCE COMPANY. · I~WAWAY JKX,~RF.,SS, INC. AiqD MAJ~,Y F. MILLKR (he~fflAf~er 'PAYORS"), the rsoeipt ~,bereof i~ hereby acknowledged, have ~lcascd and discharged, and by the~c presents do for om~elve.q, oar psrent companies, s~bsidlarics, hci~ cxceutors, administr~or~, and assig~ rclc~c and forever di$cha~o the said PAYERS and th~k ogenu, finns, azso¢indon~, cmpotations or organizations, whether atoned her~u or not. nf and from any ~d all c~ms, demands, action~, causes of ~ion including but not Jimlte~ to wrOng~l death ,nd/or survival actions, claims or suits at law or in ~Nuity or whatsoever ~ or nacre, for or because of any coBsoflium '-*'. ..... mbc done by anymae prior to and including th~ date he. tee f matter or thing done, onunea or suu~CUlosses both to gerson, prope~, or via breach of col~lt~ct, on account of nil injuri~e, dmnages, or wheth~ presently known or unlmown, resulting~ or which may in the fithue r~ult, f~m an and/or n~cidc~t whiCh occuu'ed ol~ ct ~ut October 1l, 2000, ii~ thc lid~&tion known ts H.L4H.T.T.C. R~,o~-,3¢ Team. Inc. v. Towawav ~uresL Inc... at ~. ~um~3~' 01~1138 in the Cumbcd~nd County Court ct'Common pleas. The undcrsign~ ~'~uG~, -,,,:~:n0wledges Otat all actior~ brought by H.M.H.T.T.C Re,~ponse Team, lfl¢. preMflfly in suit a~ainst the PAYERS nrc re be approprietety marked ns settled, discontinued end ml,4ed. Wc understand that ~t~d !~ AyORS by r~ason ofag~'cing to this Compromise pa) mc-fit, dcmc~ lisbiJi~/ct'any sort, mai said PAyeRS h~ve mad~ no Ml'er.m~nt or pmmi~e to do or omit to do any act or thing not h~rr*.in scl forth and we ~t~ct understm',d that this Release is made as a compromise avoid expense oncl to tonn/nAte aU controversy mad/or otalms for injurle~ or dam~es of ~hatsoevcr n~turc, alle~mily arising out of ncgligcnc~ caf~leseness, recklessness, nnd/or b~.ach of' c~ntract, known or unknown, including fuMr~ developments thesenf~ in ~tty way growlnS out of or connectc~ with said incident altd/or accident. _ ~, Wc 8~Lit that no representation of fac~ o~ opinion has bccn nude by the said I~A¥ORS or sAyone on their behalf to induce this comprol~qe with respect to the extent, nature or pesmsnenc¥ ct'said in. furies or dances ns to the ilk~R~d of futthe~ c°mplic~dofls or rccovc~y thesc~mn and ~t th~ svm paid is solely by way of compromisc of a di3puted cl-~m, and that in dctcrmlning said sum dun~ has been Lsken into cons~di~tlon th~ fa~t that s~rlous or unexpcctcd consequance~ might in the future result fi~m thg prese~lt injtuies or dam,lges, from said incident end/ur m~cident, ami it is, ther~forc, specifically ag~d that this Release shall be a complete b~r m ell claims or suits for injuries or danmg~ of wlutsoever natUre t~inst I*AYOP-S tesu~dns or to result from said incident m~l/or ~ident. Wc further a~ to illdcxrmi~ end s~ve hannles~ ~. ~c~ b~s. lost ~. ~or b~ of ~ ad~ ~t of ~y inj~ ~or ~ge~ aucg~ly sus~ by H.M.H.T.T.C. ~o Te~. l~c.. OCT 04 20B1 14:17 610 668 ~625 PAGE.02 Oct 04 O1 02:04p Larr~ S. Eisman 610 66B 3625 p.3 FROM ROBERT REIBSTEI~ ATTORNEY PNON~ NO. ' G10.~OGT+1499 Sop. 28 2001 09:4..~c~1 P4 It is 61rther understood and ~grced and made parr hgreotttm ngithcr thc undcrsi~ucd aor our attorneys or representatives will in any way publicizc in eny news or commtmic~tions media. includln~ but not limited m, newspapers, magSZfne~, radio or tctcvision the ~acts or terms smi conditions of this settlement. All parde~ to this ~ expressly egs~ m decline comment on My sspect of this scnlcrnent to My member of thc news mcdi~, It is f~h~r understood and agreed ~he,t we ere rcspons~le ~or be pa!anent of any lien or che~ aS~dnst this senlancot sum. Should ~ny perso~ or cndtl, meke · cteim for p,~.me~t of Shy lime ar che.'gcs agains~ l~ovld'-"ce Wa.~lng~n Insurance Company, Towaway ,~ r c.~, Inc., · ' · wehe~bl, s~,rcctolndanni~and Miller md/or Po~ & $~h~ll, f~r widish wc ~r~ i~al~y l, esponslbl , bom harmless Providence Wa.~ingto~ lnsurmu~c Compeny, Towaw~y ~ess, Inc., Ms~ lvlUler, and/or Post & Sohell, ~om my and ell lie~ts, charges, fees, costs, inmrest and othc~ sums. outlined above ri'om umt~mg ~ oF liability s8~tsi co-defendant, Lind~ Kellclg. or sgeinst an)' policy oftns'urencc issued to Linde Kcllcttg ~ ma)' providc covgr~§o for h~ d~rnsg~ ~Ilo~M by I{.M.H.T.T,C- Response Team, Inu. in this action. This is intcruted to bccomc pa~-~ of thc conSi~lerstion for settic~rtei~t of this claim. Thc undersigned he. by ~.eepts &tits ~s fin,al payment ~r thc ~nsidcralion set ~o~h above. IH vt~ITblESS ~q~.RlilOF, I bsve hereunto ~ my hand snd seal this ~ day AUTB~IC[ZED REPR~EbITATIVE OF EAM, AUTHORIZED REPRESENTATIVE OF ILM. ILT. T.C. RE~PON$1~' TEAM, INC. Sworn to .nd Subscribed before me this ,~ d~y OCT 04 2001 14:17 610 668 3625 PAGE.05 Exhibit B 0 0 0 0 ~. .__ POST & SCHELL, P.C. BY: JOSEPH R. FOWLER and LEE H. ECKELL I.D. # 55661 and 86389 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 PROVIDENCE WASHINGTON INSURANCE COMPANIES, Plaintiff LINDA KELLETT, and BOB KINDER & SON, INC. and CERTAIN UNDERWRITERS AT LLOYDS OF LONDON SUBSCRIBING TO POLICY #970150MORGAN23-52 Defendant., ATTORNEYS FOR PLAINTIFF PROVIDENCE WASHINGTON INSURANCE COMPANIES COURT OF COMMON PLEAS CUMBERLAND COUNTY NO?Q2-3558 ORDER TO SETTLE~ DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter Settled, Discontinued and Ended, upon payment of your costs only. POST & SCHELL, P.C. JOSEPH R. FOWLER LEE H. ECKELL Attome~ ~rPl~ntiff ProhdenceWas~n~on hsurance SHERIFF'S RETURN - CASE NO: 2002-03558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDENCE WASHINGTON INS CO VS KELLETT LINDA ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: KELLETT LINDA but was unable to locate Her deputized the sheriff of WYOMING Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 13th , 2002 , this office was in receipt of the attached return from WYOMING Sheriff's Costs: Docketing Out of County Surcharge Dep Wyomong Co 18.00 9.00 10.00 28.43 .00 65.43 08/13/2002 POST & SCHELL R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ ~3 D~ A.D. -/ ' Prothonotary' ' i arb - ~o~: 570-836-3200 t~ 265 1 ~our~t ~u~t, ~u~a~t~, ~. 18657 ~: 570-836-3078 July 3I, 2002 ] SHERIFF SERVICE, PROCESS RECEIPT AND AFFIDAVIT OF RETURN 08/05/02 Date Received TYPE OF WRIT: Pom,,~a~n~- Date Processed COURT 2002 cv 3558 NUMBER: PLAINTIFF(S): Providence Washington Insurance Companies DEFENDANT(S): Linda A. Kellett ET AL RV El Name or,.d,.id.a,,Company, Corp. etc. SF_ Linda A. KELLE T ADDRESS: [7ownship or Borough c/o The Hit:chells, ]_]_4 Redfield St., Tunkhannock,Pa 1_8657 ~ur~hannock Borough REMARKS: A check of the above address showed that the defendant has not stayed there for at lease the past two years. A check of the US Post Office, Tunkhannock, Pa. showed that the defendant was not known to them and they have not delivered any mail to her at that address. [] See Attached Report [~ Contiqu~d 0n Reverse Side Now on I, RICHARD D. MONTROSS, Sheriff of VWoming County, Pa., do hereby deputize the Shedff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SIGNATURE OF WYOMING COUNTY SHERIFF: I acknowledge receipt of SIGNATURE of Deputy or Clerk and title the writ as indicated above. I hereby Certify and Return that I, [] have personally served, Date Received Expiration/Hearing date [] have served person in charge, [] have Posted Property [] have legal evidence of service as shown in "Remarks". ~have Not Found as shown in "Remarks" PERSON Name and Title SERVED Not served Date of Service Time LOCATION Complete only if different than address above Township or Borough OF SERVICE SERVICE DATE MILES DATE MILES DATE MILES DATE MILES DATE MILES ATTEMPTS 8/1/02, Advance Costs$75.00 Service Fee5.00 Return/Docket~),0O Mileage Feet~ Deputy Fee ].0,07 ~cil;~/~~ ;;ii;il; Misc. T:t:l C;;ts ~ R~fund. . AFFIRMED and subscribed before me this 5th s : ( ' eputy Sheriff) (Print or Type Name) DATE John F. Suhanich / Chief deputy 8/5/02 ,day of August . 20 02 SIGNATURE ~f Sheri~fcor [~y~Sheriff ,¢~ DATE %%, I \-- Slgnatur~of Prothon ao~ or Deputy~.~/ ~k.~_~ J~/S-t~n~ p ' - PAULETTE A. BURNSIDE PROTHONOTARY WYOMING CO. TUNKHANNOCK PA , My Corem ss on Exp res First Mondsy 2 In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Providence Washington Insurance Ccmpanies VS. Linda Kellett et al SERVE: Linda Kellett No. 02 3558 civil Now, July 30, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize'the Sheriff of wycming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now, within Affidavit of Service .,20 .,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of. ., 20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA