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Home My WebLink About95-04660 FEll - 2 lDUD , \ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/kla T.H.E. INSURANCE 1995-4660 IN CIVIL ACTION -us- PlaintiJJ(s) HARRISBURG TAXICAB and BAGGAGE COMPANY De/endant(s) RULE TO SHOW CAUSE AND NOW, to-wit; this ~ day of I==c.LlUl> ..,<:1.. D ... after review and consideration, a Rule is issued upon Plaintiff to S .. Plaintiff's counsel should not be allowed to withdraw its appearance. Rule Returnable: ..!:d.!:tl",..; z.o J."ls !;; -ScJoJ,''-c. J. ('l (; ,~ c' --, " -J I t..J ~:; c.. ,- 0' . .-_u ~ . ~ '. '.;: .~ , ~'. ~. ' :.:; t<. ./ :,:.:." ..;. . . ..- ~ ~ ,,.. 6 ': ., , ) :'>'\'. ....., ~.: ;: '~I I" ;',' -.,::~ ~j ., suit, 5, Plaintiff's counsel advised Plaintiff that they could not proceed without further input from the Plaintiff's new representative in charge of this matter, Subscl(lH'ntly, Plaintiff's counsel was contacted by a company called Willis. Rollinson, which c1nil111'd to be Plaintiff's.Insurer's Claim Administrator on certain pending claims against Defcndant. which were included in Plaintiff's suit, Plaintiff's counsel contacted Lamont Hanlcy and its client regarding confirmation of this information, 6, Plaintiff's counsel continued to await word from Plaintiff. Beginning on or about February 2, 1998, Plaintiff's counsel received various communications from a second company, Ron Coleman and Associates, Ltd, ("Ron Coleman") claiming to be the Plaintiff's Claims Administrator and Litigation Manager, 7. Plaintiff's counsel again contacted Lamont Hanley and its client for confirmation of the Plaintiff's position in regard to its new representative, Ron Coleman, and continued to prompt Lamont Hanley and its client for a response over several intervening months, 8, Plaintiff's counsel received word from Lamont Hanley on or about May 7, 1998 that Petitioner's services were no longer required as the offices of Ron Coleman were going to pursue the claims of the Plaintiff. Thereafter a fee dispute arose between Plaintiff's counsel, Lamont Hanley and Ron Coleman resulting in additional delay. 9, On or about July 9, 1999, Petitioner received the attached correspondcncc from Plaintiff indicating that Plaintiff has no interest or authority to pursue the c1nims in the above referenced suit, as is more specifically shown by Plaintiff's lettcr dated ,Jnly !I, 1999, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof, 10. Thereafter on July 9, 1999, August 10, 1999 and August 25, 1999 Petitioner prompted the offices of Ron Coleman for a response as to continuing legal reprcsentation in 3 this matter, as is more specifically shown by Petitioner's correspondence, 11Il1I'ked Exllil,it, "D-1" through "B_3" and, made a part hereof, 11. That to date, there has been no response from Ron Coleman, nor any additional information from Plaintiff in regard to continuing representation in this matter. 12. That your Petitioners have experienced chronic difficulties in communicating with Plaintiff and other entities which have arisen from Plaintiff's and others' failure and refusal to promptly respond to written correspondence, 13, That the aforementioned circumstances have severely compromised .vOUI' Petitioner's ability to deliver legal services, prepare for trial and provide appropriate legal representation to Plaintiff. 14, That the above-captioned matter has not been listed for trial nor has any Praecipe been filed for placement of the action upon any trial list, 15, That the withdrawal of your Petitioners at this time will not prejudice the rights of Plaintiffs, others, Defendants or their respective counselor delay judicial resolution of this matter. WHEREFORE, your Petitioners respectfully moves this Honorable Court for leave to withdraw their Appearance as counsel for Plaintiff in the above-captioned matter, APPLE AND APPLE, p.e. l.. " '/ ~. " .....,. .e, .' - ALLIED t_ -T2J"" .~..~~ July 9, 1999 t(Q){PY James Apple Attorney at Law Apple & Apple, P.C. 4650 Baum Blvd. Pittsburg, PA 15213 RE: Allied Specialty, Inc. v. Harrisburg Taxi Cab and Baggage Co. Your File No.: 25322 Dear Mr. Apple: As a follow-up to our discussion of the other evening, I wish to confirm that Allied Specialty Insurance has no interest, nor any longer the authority to pursue the recovery of deductibles on behalf of the Generali. As I advised you we were under the impression that the above mentioned issue had stagnated permanently and no monies had, or ever would be recovered from Harrisburg Taxi. As also discussed, any attempt to continue litigation in pursuit of~ unpaid deductibles will need the approval of Generali. In this vein, I suggest directing your inquiries to Mr. Ron Coleman, who physically possesses the files involved with this litigation, and continues to be an active third party administrator handling Generali matters. If any further information is needed regarding this or any other Generali matter, please do not hesitate to contact the undersigned. e Sutack, Jr. JLS/jw cc: William P. Gregory. P.A. Attorney at Law ALLIED SPECIALTY INSURAJ.'1CE, INC, k . !04SI Gulf Boulovord, Tn::lSure Island, Flonda 33706 . 813 367-6900' 1 800 :37-33SS . FAX 8r.rJ6?:i~1:J1T o~o.. --~- APPLE and APPLE P.C. Attorneys at Law 4650 BAUM BOULEVARD - PITTSBURGH, PA 15213-1217 ...,.r.. 412-68:!-1466 ToolI_. 800-477-2775 F~ 41:-682-3138 .JAMBS a. APPLa , . CH~..8&NNBTT JQaL L HAUSMAN MARYLOUIS& WAQN&I\ MARVIN oJ. APPU. 01' CDUN..L Julv 9. 1999 John S. Ramsey Ron Coleman and AlllIOCiates, Ltd. P.O. Box 35002 Richmond VA 23235-0013 Re: Allied Specialty Insurance, me. ~~;~TtO" Dear Mr. Ramsey: Please be advised of the current status of this matter. AtJ you know, in October of 1998 our office, as counsel of record, received a copy of the Cumberland County Court's Purge List of inactive cases. Our office had previously received instructions to close our file from our client on or about May 7, 1998, as per the attached Exhibit A. We notified your office of the Court's action in our letter of October 7, 1998 (Exhibit B), Because your office could not find the files in question and refused to take any action, per your letter of October 14, 1999 (Exhibit C), we forwarded your letter to our client and requested their instructions. We were authorized to file a Petition for Case to Remain Open, detailing the facts in this caSe, which is enclosed for your reference (Exhibit D). The Defendant hired a new attorney and has filed the attached Answer (Exhibit E). The Court automatically scheduled an argument on the Petition, as per the Order of October 27, 1998 (Exhibit F,) Our office attended a Rule Returnable Hearing before Judge OIer, who entered the Order of February 11, 1999 (Exhibit G) that depositions be taken to create a factual record for the Court to make its ruling on whether this case should J'f'TJlA.in open. Pursuant to Ju -lge Olcr's Order, depositions were scheduled several times, however, due to scheduling conflicts, the Defendant was not able to take ita first deposition until Thursday, July =- 8, 1999. We expect that the transcribed copy of the deposition will be available in approximately two weeks. In the meantime, we have been in contact with both Lamont Hanley and our client, Allied, through their representatives Marian Marilla. and Jim Sutek, who indicate that Allied will not sit for depositions to pursue this case. Allied indicates that they are not responsible for pursuing these claim deductibles, since the claims were assigned to your office. Allied does not have custody of the claims records, and they have advised us that your office received custody of all claims records directly from Generali pursuant to an agreement with your office. AtJ we infonned you in our October 15, 1998 correspondence (Exhibit H), the only file we have is our own work product, which contains is some policies, claim deductible summaries and correspondence. A few claim files were shipped to Pennsylvania in 1996 for a meeting, but were returned to the Treasure Island office immediately thereafter, as per the UPS shipment record attached (Exhibit I), . We note that previously our office recL'ived correspon~ence regarding the adjllStment of certain claims from both Willis Rollinson and your office, so it appears that others than Allied had possession of the claim files and worked them at some point. Interestingly, one of Defendant's main contentions at deposition in regard to actual prejudice was that he did not have access to .. .; .;~i r oJ?:J ....;... _ .._oJ. __ his record:! as they were d'.':Itroyed in " winter rooC collapse. Howl.."/er, it appeal'.'l that I::'efendant'3 los3 oC the record:! allegedly occurred shortly a.fter the suit was tiled in August 1995, so that any delay which occurred since the claims were assigned to your office probably did not prejudice the DeCendant, as his recorda were allegedly lost long beCore, If the Judge keeps the case open, your .office will obviously need to produce the claims files for discovery and trial. At this time, since our client is indicating that they are not going to proceed in this matter, we are once again inquiring whether your office has located the pertinent files and iC you are now ready to retain substitute counsel to proceed in this matter. We strongly suggest that you take immediate action in this matter during the two week period during which the deposition is being transcribed, as our office has been instructed to cease our representation in this case. To facilitate mattera, our office will provide you with a signed Praecipe for Substitution oC Counsel. Our invoice for our reasonable fee Cor work performed in this matter, including the work your office refused to undertake to keep the case from being dismissed by the Court on its own Motion, will be forwarded to our client at this time. As soon as we receive the Defendant's deposition transcript pursuant to the Order, we will advise, so you may pa.y the Court reporter's costs for your copy. It will be up to your office to decide if you wish to close thili case, or obtain substitute counsel to conduct further depositioDll for Judge Oler to make his decision. If we do not hear from you by July 20, 1999, we will be Corced to advise the Defendant's attorney that we are leaving the case and, if necessary, to petition the Court to allow us to withdraw, as per our client's instructioDll. Thank you for your attention to this matter. Very truly yours, APPLE AND APPLE, P.C. JRA/lsi Enclosure cc: Lamont, Hanley and Associates, Inc ATIN: Pat Balboni 1138 Elm Street, P.O. Box 179 Manchester, NH 03105-0179 cc: Allied Specialty Insurance ATIN: Marian Marilla/ Jim Sutek 10451 Gulf Blvd. Treasure Island FL 33706 (c~[P1f APPLE and APPLE p.e. Attorneys at Law -1650 BAUM BOULEVARD - PITTSBURGH, PA 15213-1237 TZL.412.682-1466 ToU ro-, 80Q-4i7-2775 F.., 412-682-3138 JAMEa R. APPLE CIIARLBI P. BENNBTT . JOBL B. HAUSMAN MARYLOU11S WAONEI\ MARVIN J. APPLS, or COUNI&L AUlfust 10. 1999 John S. Ramsey Ron Coleman and Associates, Ltd. P.O. Box 35002 Richmond VA 23235-0013 Re: Allied Specialty Insurance, Inc, vs: Harrisburg Taxicab and Baggage Co, AAfile: 25322 CERTIFIED MAIL. RETUR,"l RECEIPT REQUESTED Dear Mr. Ramsey: Please be advised of the current status of this matter, We are still awaiting your response to our letter of July 9, 1999, a copy of which is attached for your review, As you know, a deposition was taken by the Defendant on July 8, 1999, and we have received the transcript, Attached is the bill from the Court Reporter for the copy provided to our office, which we send to you for payment, as set forth in our letter of July 9, 1999. Our client has advised, both directly and through Lamont Hanley, that they are no longer the party in interest in this matter, and that they will not authorize our office to proceed any further with this case. Kindly review the enclosed correspondence, We need to have your response as soon as possible in regard to this matter, regarding your pursuit of these claim deductibles, which were assigned to your office some time ago. Apparently the only reason we are still involved is because onr name continues to be of record in the proceedings, Therefore if we hear nothing from you by August 16, 1999, our office will file a Motion to Withdraw with the Court, as per our client's instructions. Please recall that as we informed your office previously Allied does not have custody of the claims records, and they have advised us that your office received custody of all claims records directly from Generali pursuant to an agreement with your office. The only file we have is our own work product, which contains is some policies, claim deductible summaries and correspondence. THIS IS YOUR FINAL NOTICE THAT WE MUST HEAR FROM YOUR OFFICE BY AUGUST 20,1999, OR OUR PETITION TO WITHDRAW FROM THIS CASE WILL BE PREPARED AND FILED WITH TIlE COURT, It will be up to your office to confer with the real party in interest -: '.1 D - Z . ;.~:....-' ..:_ ~:, ". 0 0 D e.. --~~,. .-...., The undersigned counsel of record for Plaintiff, verifies that the statements of fact contained in the foregoing document are true and correct to the best of his knowledge, information and belief, The undersigned understands that false statements herein are made subject to the penalties of 18 Pa, C,S.A. 64904, relating to unsworn falsification to authorities, APPLE AND APPLE, P.C, Dated: 1- lIP .DD By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T,H.E. INSURANCE 10915-4660 IN CIVIL ACTION -vs- Plain/iff(s} HARRISBURG TAXICAB and BAGGAGE COMPANY De/endanl(s} RULE TO SHOW CAUSE AND NOW, to.wit; this day of 1999, after review and consideration, a Rule is issued upon Plaintiff to Show Cause why Plaintiff's counsel should not be allowed to withdraw its appearance, Rule Returnable: BY THE COURT: J. 6 J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E, INSURANCE 1995-4660 IN CIVIL ACTION .tls. PlainIiJJ(s} HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant(s) ORDER OF COURT AND NOW, to.wit; this day of 1996, after review and consideration, the Petition of Apple and Apple, P,C, is Granted, It is therefore ORDERED, ADJUDGED, and DECREED, that leave is hereby granted to Plaintiff's Counsel, Apple and Apple, P,C. to withdraw their appearance AM counsel of record for Plaintiff in the above-captioned matter, BY THE COURT: 7 i , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E. INSURANCE 1995-4660 IN CIVIL ACTION -us- Plain/iU(s) HARRISBURG TAXICAB and BAGGAGE COMPANY Dejendant(s) CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Allied Specialty Insurance 10451 Gulf Boulevard Treasure Island, FL 33706 Ron Coleman and Associates, Ltd. P.O. Box 35002 Richmond VA 23235-9313 Samuel L. Andes, Esquire 525 N 12th Street Lemoyne P A 17043 Dated: 1-210- 00 By: , 8 >- It) '>- 0; r: -- .... ".~ N :~} ll,r , --, ,.-,,": ~~ i ,.:~ (~. , ) , LL I , .' L. : n" ~ ~ , I . -' '- ,-. . , -- Ct .~) ., Dated: JI~Wg By: a~~f<<1t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E.INSURANCE 1995-4600 IN CIVIL ACTION -vs- PlaintiJJ(s} HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant(s} pERTmICATIONOF SERTICE I hereby certify that 1 am this day serving a true and correct copy of Plaintiff's Petition For Case to Remain Open and Rule to Show Causc upon thc person(s) and in the manner indicated below: Service by first class mail, postage prcpaid and addresscd as follows: John M. Shugars, Esquire 2459 Walnut Street Harrisburg, PA 17103-1750 Harrisburg Taxicab and Baggage 50 Market Street Lemoyne, PA 17043 2 ~ .s (; '" u: t...: (~ ~)...'" "",P . -, ... ~li, ..~~.:; Lt..,.. .-. --, ~:.) ~ ~ ' .J 2,1- a. 'r0 I .-1..:': LWl' - -" --IL -. .j(ij c;: -1' ~: 0~'~ F- _. d. U. cc ':'l CJ 0' U ALLIED SECURITY INSURANCE,: IN THE COURT OF COMMON PLEAS INC, aka T.H.E, INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs, NO. 4660 Civil 1995 HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant. CIVIL ACTION - LAW NOTICE TO PLEAD TO: Allied Security Insurance, Inc. aka T,H.E. Insurance, Plaintiff You are hereby notified to file a written response to the enclosed Answer within twenty (20) days from service hereof or a judgment may be entered against you, BY: John M. Shugars, Esquire Attomey for Defendant Supreme Court I.D. No, 44180 Law Office of John M. Shugars 264 South Progress Avenue Suite 1 - Rear Harrisburg, PA 17109 (717) 545-8700 ALLIED SECURITY INSURANCE,: IN THE COURT OF COMMON PLEAS INC. aka T.H.E. INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 4660 Civil 1995 HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant. CIVIL ACTION - LAW DEFENDANTS ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, by and through its counsel, John M. Shugars, Esquire, and files its Answer to Plaintiffs Complaint as follows, to wit: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. Whether said insurance policy was canceled or terminated is a legal conclusion to which no responsive pleading is required. By way of further answer, to the extent that the paragraph implies termination by wrongful conduct on the part of the Defendant, same is specifically denied. It is admitted that the said policy is no longer in force. 8. Denied. It is specifically denied that the outstanding balance due Plaintiff on the policy, if any, is in excess of Twenty Five Thousand Dollars ($25,000.00) and proof thereof is hereby demanded at trial. 9. Denied. It is specifically denied that Plaintiff is due any legal interest as damages on the disputed debt. 10. Denied, It is specifically denied that Defendant has willfully failed and refused to pay the amount Plaintiff claims is due. In fact, by way of further answer, Defendant has made numerous demands upon Plaintiff to provide proof of the amount of the alleged outstanding balance and the manner in which same was determined. To date, Plaintiff has been either unable or unwilling to do so. WHEREFORE, the Defendant respectfully requests this Honorable Court dismiss Plaintiffs Complaint and enter judgment for the Defendant. Respectfully submitted, M. John M, Shugars, Esquire Supreme Ct. No. 44180 Attorney for Defendant LAW OFFICE OF JOHN M. SHUGARS 264 South Progress Avenue Suite 1 - Rear Harrisburg, PA 17109 (717) 545-8700 Dated: September 27,1995 2 VERIFICATION I verify that the facts in the foregoing Answer are true and correct to the best of my knowledge, information and belief, I understand that statements made herein, iffalse, are subject to the penalties of 18 Pa. C,S. Section 4904 (Crimes Code) relating to unsworn falsification to authorities, w;JJ1~ ~O--A1:6J~ William K. Dempster, Administrator for Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this ;27~( day of J~f~ ,19 9.!J'", a true and correct copy of the foregoing answer was served by the depositing the same in the U.S. Mail, first class, postage prepaid, at Harrisburg, PA upon the following persons: Marylouise Wagner, Esquire APPLE and APPLE Attorneys at Law 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Altorney(s) for Plaintiff By: 1'i. JJ?- ohn M. Shugars, Esquire Supreme Court I.D, NO. 44180 Attorney for Defendant Law Office of John M, Shugars 264 South Progress Avenue Suite 1 - Rear Harrisburg, PA 17109 (717) 545-8700 ALLIED SECURITY INSURANCE, INC., a/k/a T.H.E. INSURANCE, Plaintiff . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . v. : CIVIL ACTION - LAW . . HARRISBURG TAXICAB and BAGGAGE COMPANY, Defendant . . . . : No. 95-4660 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of February, 1999, upon consideration of Plaintiff's Petition for Case To Remain Open - Rule To Show Cause, and following an argument held on this date in accordance with the Order of Court dated October 27, 1998, in which Plaintiff was represented by Marylouise Wagner, Esquire, and Defendant was represented by Samuel L. Andes, Esquire, and pursuant to an agreement reached in open court by counsel, disposition of this matter is deferred, counsel are further requested to provide a record upon which the issue of prejudice to the Defendant and any other issues which counsel deem pertinent are developed, and counsel are requested to notify the Court at such time that they wish a reargument to be held. In addition, counsel are requested to supplement the record within 60 days of today's date pursuant to counsels' agreement. J. MARYLOUISE WAGNER, ESQUIRE Firm No. 719 4650 Baum Boulevard pittsburgh, PA 15213-1237 on LU:9 '!:I 6/ ~~JI:~ For the Plaintiff t,............ m-"JUl. ,., '.. CJ.:J.. v:" - -I} ..2Mlf........'J.". co&r~l~~minfstr,atOr _.....I.J.~\..t-...:;:j L:1 \: ': '.'//\7. '\'~." '\ I:J~I /J.;\/.;("".... ,.." ~." .~~ , ., --. .! ...... . '.."',~"'" . ,It.:o..) SAMUEL L. ANDES, ESQUIRE 525 N. Twelfth Street Lemoyne, PA 17043 For the Defendant wcy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/Va T.H.E.INSURANCE 1995-4660 IN CIVIL ACTION -"s- PlaintiJ!(s) HARRISBURG TAXICAB and BAGGAGE COMPANY PETITION FOR CASE TO REMAIN OPEN- RULE TO SHOW CAUSE Defendant(s) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq, PA J.D. No, 37942 ClIarles F. Bennett, Esq. PA J.D. No. 30541 Joel E, Hausman, Esq, PA J.D. No. 42096 lIfarylouisc Wagner, Esq. PA I.D. No, 61095 APPLE AND APPLE, P.C. Firm No, 719 4650 Baum Boulcvard Pittsburgh, PA 15213-1ZJ7 Tclcphonc (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC, a/Va T,H.E. INSURANCE 1995.4660 IN CIVIL ACTION -"s- PlaintiJl(s} HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant(s} PETITION FOR CASE TO REMAIN OPEN-RULE TO SHOW CAUSE AND NOW, comes Plaintiff, by and through its attorneys, Apple and Apple, P.C, and petitions this Honorable Court to Issuc a Rulc Upon thc Defendant To Show Causc Why the petitioner is not cntitled to have the above-captioncd Casc Remain Opcn and scts forth in support thcrcof, as follows: 1. On or about Septcmbcr 1, 1995, thc Plaintiff, an Insurcr, commenced a suit against Dcfcndant, Plaintiff's Insurcd, for the recovcry of ccrtain claim deductiblcs incurrcd by Defendant pursuant to thc policics of insurancc issucd by Plaintiff to the Defcndant. 2, Thercaftcr, on Scptcmber 28, 1995, the Dcfcndant filcd an Answcr to thc Complaint through his counsel, John M. Shugars, Esquirc, 3. Subscqucnt to the filing of thc Answer, thc Plaintiff and thc Dcfcndant, through their respcctivc counsel, cntcrcd into scttlcmcnt ncgotiations and informal discovcry, A formal discovcry Request for Production of Documcnts was servcd by hand.dclivcry on the Defendant's counscl on July 8, 1996 at a scttlcmcnt mceting in Harrisburg, PA. 4. Settlement ncgotiations stallcd on or about May of 1997, and Plaintiff's counscl began preparation of a Motion to Compcl Dcfcndant's rcsponsc to thc Requcst for Production and to preparc for trial. 5. Bcforc filing thc Motion to Compcl, Plaintiff's counscl contacted the Plaintiff 2 for consultation and witness information for trial. At that timc, Plaintiff's counscl discovcrcd that there had been significant personncl changcs in Plaintiff's busincss, Spccifically, Plaintiff's counsel had been rctained through thc collection agency known as Lamont lIanlcy and Associates, Inc. ("Lamont Hanlcy) and had dcalt directly with Plaintiff's in-housc Receivable Administrator, Marian Marilla from Plaintiff's Trcasurc Island, Florida office, Plaintiff's counsel was informcd that Ms, Marilla was no longcr in chargc or thc claims in thc instant suit, 6. Plaintiff's counscl advised Plaintiff that they could not proceed without further input from the Plaintiff's new representative in charge of this matter. Plaintiff's counscl awaited word from the Plaintiff's ncw reprcscntative in charge of the claims pertaining to the Defendant. 7. In November of 1997, Plaintiff's counsel was contacted by a company claiming to be Plaintiff-Insurcr's Claim Administratoron ccrtain pending claims against the Dcrendant, which were included in Plaintiff's suit, Plaintiff's counsel contactcd Lamont Hanley and its client regarding confirmation of this information, 8. Plaintiff's counsel continucd to await word from Plaintiff, Beginning on or about February 2, 1998, Plaintiff's counsel rcccived various communications from a. second company, Ron Coleman and Associates, Ltd, of Richmond, Virginia ("Ron Colcman") claiming to bc thc Plaintiff's Claims Administrator and Litigation Managcr, 9. Plaintiff's counsel again contactcd Lamont Hanlcy and its client for confirmation of the Plaintiff's new representation, and continued to prompt Lamont Hanlcy and its client for a response ovcr the intervcning months, 10. Plaintiff's counsel rcceivcd word from Lamont Hanlcy on or about May 7, 1998 that the offices of Ron Colcman wcrc going to pursuc the claims in thc instant suit, 11. Thcrcaftcr, a fee disputc arosc bctwccn Pla.intiff's counscl, Lamont Hanlcy 3 and Ron Coleman, which resulted in a furthcr stalcmatc ovcr thc conduct or litigation, 12, At this time, Plaintiff's counscl has been inrormed that no other attorney is entering an appearance on thc behalf of thc Plaintiff. 13. Plaintiff's counsel is still endeavoring to obtain advicc from thc Plaintiff to determine if Plaintiff's counsel will resume conduct of thc litigation or file a Pctition to Withdraw. 14. Plaintiff's claim administrators have becn working throughout the pendancy of this action to resolvc claims pending against the policics issued by Plaintiff to Dcfendant, and to update the balance duc to Plaintiff from the Dcfcndant as claims are rcsolvcd, which action will ultimately clarify issues for trial, if the suit is not resolvcd through settlcment. 15, No party will be prejudiccd by allowing thc pcnding litigation to rcmain on the active case list. WHEREFORE, for the foregoing reasons, Plaintiff requests this Honorable Court to Issue a Rule upon the Defendant-Respondcnt to SholV Cause Why thc abovc-captioncd case Should Not Remain Open. Respectfully Submitted, APPLE AND APPLE, P.C. Dated: \j) ,~~/q r{ By: Attorney 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E, INSURANCE J 996.4600 IN CIVIL ACTION '''B- P/ainli1J{B} HARRISBURG TAXICAB and BAGGAGE COMPANY Defendanl{B} CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: John M. Shugars, Esquire 264 South Progress Avenue Suite 1, Rear Harrisburg, PA 17109 Dated: In - ~ ':> Arb By, ~~'X~ 6 .. ALUED SECURITY INSURANCE, INC., ) a/k/a T,H,E, INSURANCE, ) Plaintiff ) ) vs. ) ) HARRISBURG TAXICAB and ) BAGGAGE COMPANY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 1995-4660 ANSWE~ AND NOW comes the above-Defendant, by Its attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Case to Remain Open: 1. Admitted, although Defendant denies that It owes any monies to Plaintiff or that Plaintiff's claim Is otherwise valid. 2. Admitted, 3, Admitted In part and denied In part. It Is admitted that the parties had various discussions through their counsel and that some Information was exchanged. Defendant Is not aware of the Request for Production of Documents that was allegedly hand delivered on that date. 4. Denied as stated. Serious settlement discussions were terminated long before May of 1997 and the parties had conducted no serious settlement discussions for some time prior to that date, 5. Denied. The averments set out In Paragraph 5 of Plaintiff's Petition all relate to facts which are within the exclusive c:ontrol of Plaintiff and not known to Defendant, even after reasonable Inquiry and Investigation. Accordingly, Defendant denies those statements and demands proof thereof at hearing, 6. Denied for the reasons set forth In the answer to Paragraph 5 above, 7. Denied for the reasons set forth In the answer to Paragraph 5 above, 8, Denied for the reasons set forth In the answer to Paragraph 5 above, 9. Denied for the reasons set forth In the answer to Paragraph 5 above. 10, Denied for the reasons set forth In the answer to Paragraph 5 above. 11. Denied for the reasons set forth In the answer to Paragraph 5 above. 12, Denied for the reasons set forth In the answer to Paragraph 5 above. 13, Denied for the reasons set forth In the answer to Paragraph 5 above. 14. Denied for the reasons set forth In the answer to Paragraph 5 above. 15. Denied. This litigation Is now more than three years old and there has been no activity whatsoever on the docket In this matter for a period substantially In excess of two years. As Plaintiff's own Petition makes clear, all of the cause of that delay rests with the Plaintiff and Its counsel and other representatives. Defendant has suffered significant prejudice In this matter because the witnesses, documents, and other testimony and evidence which Defendant will require to properly defend this case have become unavailable, In whole or part, to Defendant because of the passage of time. The delay In this matter, which has been caused entirely by Plaintiff and Its representatives, has prejudiced Defendant significantly and Its defense to this claim. WHEREFORE, Defendant asks this Court to dismiss this action, with prejudice, In accordance with the Rules of Appellate Procedure, ~ Attorney for Defendant Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 . . , . COMMONWEALTH OF PENNSYLVANIA ) ( 55.: COUNTY OF CUMBERLAND ) CLYDE C. BACHERT, being duly sworn according to law, deposes and says that the facts set forth In the foregoing ANSWER are true and correct to the best of his knowledge, Information, and belief. ~ ci 6~,p<-<A0 CLYD C. BACHERT Sworn to and subscribed before me this '1f1L day of ill.QQ..nt.b~ ,1998. Llnvi t...m ,lRlMLt~ Notary bllc, NOTARIAl. ~ NIt... - ,t NablyP\M: t.na,n.\lam, ~r~, '"" ~1.1"'j;~~,./.jf1:r... iVt, ~ --....--...."..........,.. " ~t ~~r. , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE. INC. a/k/a T.H.E. INSURANCE NO. 9i-Q(;00 (ll.-(,4L~r-- IN CIVIL ACTION -\IS' Plainli1J(s) HARRISBURG TAXICAB alld BAGGAGE COMPANY COMPLAINT Defendant(s} CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R, Apple, Esq, PA I.D, No, 37942 Charles F, Bennett, Esq, PA I.D, No, 30541 James S, Alter, Esq. PA I.D. No, 35164 Joel E, Hausman, Esq, PA !.D, No, 42096 VMnrylouise Wagner, Esq, PA I.D, No, 61095 APPLE AND APPLE. p.e. Firm No, 719 4650 Baum Boulevard Pittsburgh, PA 15213.1ZJ7 Tclcphonc ('112) 682-1466 Fax (412) 682.3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE. INC. alkla T,H.E. INSURANCE NO. IN CIVIL ACTION -vs- PlaintiJJ(s) HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant(s) 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 upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other 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 Service Court Administrator Cumberland County Courthouse Carlisle PA 17013 Telephone {1l7) 240-6200 1 ~enewal of Number T,H.E. INSURANCE COMPAtly M~:TAIRIE. L,\ COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Policy No. 0092V/0304 Producer NATIONAL ALLIANCE BROKERAGE BROOKSIDE OFFICE PARK TWO 61 MCMURRAY ROAD SUtTE 204 PITTSBURGH PA 15241 Name Insured and HailIng Address HARRISBURG TAXICAB , BAGGAGE COMPANY (AS PER IL12011185) 50 MARKET STREET LEMAYNE PA 17043 Policy PerIod: From 03/20/92 to 03/20/93 mailing address shown above. Pol icy Ch.lnges Effective Ol/,~, )l Business Description: TAXI CAB at 12:01 A.M. Standard Time at IN RETURN FOR THE PAYMENT OF THE PREMIUM, AtlD SUBJECT TO ALL TEI1MS OF TillS POLlCI'. fiE AGREE WITH YOU TO PROVIDE THE INSURANCE :,S S':'ATEll IN Till S 1'<11. i ,", . THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, FULL TERM PREMtUM BUSINESS AUTO COVERAGE FORM S 288,108.00 S S s S S S TOTAL PREMIUf1S TAX/FEE/SURCHARGE TOTAL POLICY CHANGE 288,108,00 250,00 288,358.00 s S S S Premium shown Is payable:S S S at inception: 1st Anniversary; 2nd l\llni';ersarj': Porm( s) and CAOOOl:"90 CA22380!90 II.l~Ol~~e5 Endorsement(s) made part of this policy at time CA01800790 CA03020187 CA20011290 CA22370790 CA24021290 IL00030689 IL0021118S IL09,00181 OSLOOI0187 OVL1850689 of issue Countcrsl;r.cd: Ay ,....u I. th:': 1 ....(~ ;;:"rrf~';en~,'l I':" EXHIBIT . /:I. ~ . we 5/1 J/qJ ,- ,.',:." "TRUE AN T.II,E, INSURANCE COMPANY Mt:'!'AIIUE, I.A COMMERCIAL LINES POLICY COMMON POLICY Dtx:LAAATIONS CERTIFIED COPY" ',' ~, . (~OP)Y' Renewal of Number 0092V/0304 polley No. 003LVOl199 Producer NATIONAL ALLIANCE BROKERAGE BROOKSIDE OFFICE PARK TWO 61 MCMURRAY ROAD SUITE 204 PITTSBURGH PA lS 2 41 Name Insured and Halling Address HARRISBURG TAXICAB , BAGGAGE COMPANY (AS PER IL1201118S) SO MARKET STREET LEMAYNE PA 11043 Policy Period: From 03/20/93 to 03/20/9~ mailing address ~hown above. at l2:01 A.M. Standard Time at Business Description: TAXI CAB IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF TillS POLICY, WE ACREE WITII YOU TO PROVIDE TilE INSURANCJ:: ~_S STATJ::D IN TillS I'l.'l THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR W11ICII A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, FULL TERM PREMtUM BUSINESS AUTO COVERAGE FORM s 340,710.00 s r'URSU.~NT,OSCCTK)NI"t\Gr63, s EFFEC'fi\iE 6'30/;10, l>,MENr.'H~G GEe'l iON 1'125, TITLE 7t: OF Tl1E s Pt:NNSVLVANI~ C.CNSOUD~\Ti::D ST "'TUTES THF;~"C: IS NO COVER- S A0El\vAit~SLE UNDEi~ THIS POUCS FOR COLL ISION OAMAGE s TO RF.i-\l AL 'JEHICLES, S I i i 1 I i , TOTAL PREMlm~S S TAX/FEE/SURCHARGE S TOTAL S 340,7\,),(10 2011.110 HO,~IO.OO 'I Premium shown is payable:S S S 340,910,00 at Incept ion: lst Anniversary: 2nd Ann,versary: Form(s) and CAOOO1l290 ILOOOH689 DCAO070392 Endorsement(s) made part of this policy at time of CAOl800790 CA200ll290 CA22371292 CA22380790 IL002lllBS IL02~60BB6 IL09100lBl IL1201118S OVLIBS06B9 iSSUe! ------- C,~untcrsiqncd: By we 5/1J/93 ;:l;i"r:;:~-'=-:;;:"-;;-;'I~;,";~n'-:;-~-;-}e------ .}) - a EXHIBIT . . . . . - . , \ ' T,H.E. tNSURANCE COMPANY METAtRIE. LA BOSINESS AUTO COVERAGE FORM DECI~TIONS ITEM 1. NAMED INSURED HARRISBURG TAXICAB , BACGAGE POLICY NO. 003LVOl199 FORM OF BOSINESS: TAXI CAB ITEM 2. SCHEDULE OF CO\IERAGt:S AND COVERED AUTOS Thi~ policy prcvlli~3 CQVC'~ye~ ~ll~r~ ~ column bel!)'...:. f..l;',,,l th(!'in. ..:',....:.1 j'.' shown as covered autos. ': ,; C~'flr\JV 11 ,h.r....', : II ,:; I: .lpr L I :.. 1 t.:lH pr";!, l I:n COVER ED COVERACES AUTOS LIABILITY INSURANCE 7 PERSONAL INJURY PROTECTION (PtPI 7 ADDED P,l.P, LIMIT TilE MOST WE Wll.L PAY fOR ANY om; ACCID!-;f1T OR I.OSS S 250000 CSL SEPARATELY STATED IN EACH PIP ENDORSEMENT LESS S OED SEPARATELY STATED IN EACII PIP ENDORSEMENT S S S S B5. 11-1: 1)('_ S S S fU~I3t1P.RI;;I~r M S l'IO.J.12,') I " S B5,13LOO 7 AUTO MED PAYMENTS UNINSURED MOTORISTS UNDERINS MOTORISTS PHYStCAL DAMAGE: COMPREIIENSIVE COVERAGE <- ACTUAL I SSee Sch DEO fOR EACII CASII I COV AUTO fOR ALl. LOSS S VALUE ORI EXC, fIRE OR LIGHTNING COST or I S OED f'OR EACII REPAIR I COV AUTO fOR LOSS Bl S WIIICII- I MtSClltEf OR VANDAI.ISM EVER 151 SSee Sch DED rOR !-;ACH LESS I COVERED AUTO S SPEcIrtED PERILS COVERAGE COLLISION COVERAGE +- TOWING AND LABOR SSee Sch rOR EACH ,DISABLEMENT or A PRIVATE PASSENGER AUTO S Premium For Endorsements S Estimated Total PremIum S Total Tax/ree/Surcharge S Totai Due S 340....10.00 2')U. VO 340.910,00 Tax: fee: 200,00 Sur: ENDORSEMENTS ATTActIED TO TUIS COVERAGE FORM: "",, "':-." "" . \) ,t .' COMMERCIAL AUTO POLICY NUMBER: 3LV01l99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE COVERAGE AMOUNT AND BASIS OF DEDUCTIBLE Bodily Injury Liability s s s s s S 1,000.00 per claim per occurrence Property Damage Liability per claim per occurrence Bodily Injury Liability and Property Damage Liability Combined per claim per occurrence (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. BODILY INJURY LIABILITY COVERAGE DEDUCTIBLES PER CLAIM --If the dw.uctible is on a "per claim" basis, the deductible amount applies: 1. Under the Bodily Injury Liability or Property Damage Liability Coverage, respectively: a, To all damages because of "bodily injury" sustained by one person, or b. To all damages because of "property damage" sustained by one person or organization, as the result of anyone "occurrence", 2. Under Bodily Injury Liability and ?roperty Damage Liability Coverage combined to all damages because of "bodily injury" and "property damage" sustained by one person or organization as the result of anyone "occurrence". CA007(0392) PAGE 1 OF 2 EXHIBIT '6 . . . . . :1 (") .0.... . , PER OCCURRENCE --If the deductible is on a "per occurrence" basis, the deductible amount applies: 1. Under the Bodily Injury Liability or Property Damage Liability Coverage, respectively: ,a. To all damages because of "bodily injury" as the result of anyone "occurrence", or b. To all damages because of "property damage" as the result of anyone "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence", 2. Under Bodily Injury Liability and Property Damage Liability Coverage combined to all damages because of "bodily injury" and "property damage" as the resu;t.E anyone "occurrence" regardless of the number of pcr~ons or organizations who sustain damages because of that "occurrence", 3. The terms of this insurance, including those with respect to: (a) Our right and duty to defend any "suits" seeking those damages: and (b) Your duties in the event of an "occurrence", claim, or suit apply irrespective of the application of the deductible amount. B. PROPERTY DAMAGE LIABILITY COVERAGE DEDUCTIBLE The damages that would otherwise be payable under LIABILITY COVERAGE Eor "property damage" caused in anyone "claim" will be reduced by the "Property Damage" Per "occurrence" Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. C. DEFINITIONS "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmEul conditions. D. OOR RIGHT TO REIMBURSEMENT To settle any claim or "suit" we may pay of any deductible shown in the Schedule. you must reimburse us for the deductib:e the deductible we paid. all or any part If this happens. or the part of CA007(0392) PAGE 2 OF 2 ~:,' :~ I, \-,~j::":-: ~ - :-~: ;,~,., .. .::~;'f::~\i~~t{r ~,.;;..;:~;:. ,~~~:'t:.< )t;1J~~~ .:-.~';0"-; ;~~}::-l-' '1 1 2 NAME 3 CLYDE BACHERT 4 BY MR. ANDES 5 BY MS. WAGNER 6 7 8 9 10 11 12 ..:J 13 14 15 16 17 18 19 20 21 22 23 24 25 . ---.../' 2 WITNESS DIRECT CROSS REDIRECT RECROSS 4 69 22 73 CJ 1 2 3 4 5 6 7 8 9 10 11 12 ,,-, 13 \ -J 14 15 16 17 18 19 20 21 22 23 24 25 --- . ,- '".. 3 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. MR, ANDES: Let met start out with a little introductory statement, I am Samuel Andes. I represent the D~fendant, Harrisburg Taxicab and Baggage Company, in this matter. We are here to take the deposition of Clyde Bachert, who is the president of this company. And we're doing this pursuant to the court's order that we supplement the record so that we can intelligently present argument in support of or to oppose the Plaintiff's petition to continue this matter, or continue this case. And Mary Lou Wagner is here -- Mary Louise, I'm sorry, Wagner is participating by telephone from her office in Pittsburgh; is that correct? MS. WAGNER: That is correct. MR. ANDES: Okay. I would propose the usual stipulations, by which I mean that the witness will waive reading and signing the complaint. We will accept the certification of the stenographer, ) 1 2 3 4 5 6 7 8 9 10 11 12 ~.~; 13 .....,; 14 15 16 17 18 19 20 21 22 23 24 25 , -..J 4 And that all objections, except objections as to the form of the question, will be waived until trial or hearing, Is that -- are those satisfactory? MS, WAGNER: That's agreeable. MR. ANDES: Okay. Then I'm ready to proceed. Would you please swear the witness? CLYDE BACHERT, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. ANDES: Q Would you state your full name for the record? A Clyde C, Bachert, Jr. Q And Mr. Bachert, what is your business address? A 50 Market Street, Lemoyne, Pennsylvania, 17043, Q Do you hold a position with Harrisburg Taxicab and Baggage Company? A I'm the owner and president of the company. Q And how long have you held those positions? A March of 1983. "") 1 o 5 Okay. We're here in part to deal with an 2 action filed against Harrisburg Taxicab and Baggage 3 Company by Allied Security Insurance, also known as 4 T.H.E. Insurance. Are you somewhat familiar with the 5 claim they filed? 6 7 A o Yes, from reviewing it with you, Sam. Okay, And they filed a complaint on the 8 31st of August of 1995 seeking to recover monies they 9 claim to be due under two policies of insurance, 10 One for the year 20, March, 1992 to 20, 11 March, 1993; and the second from 20, March, 1993 to 20, 12 March, 1994, Are you aware of those? .- 13 14 o A ,-J Yes. When the complaint was originally filed, 15 did you engage an attorney to defend the case? 16 17 A o My business did. I personally didn't. Okay. And what was the name of the 18 attorney that your company engaged? 19 A I believe it was John Sugars. 20 0 Now, in 1992 and 1993 did the company -- 21 strike that. Were you personally involved in arranging 22 insurance for the company? 23 A Yeah, normally reviewing rates and how 25 24 it's going to work, yes. Was there someone else at the company who o 'J 0 1 2 3 4 5 6 7 8 9 10 11 12 .....-. 13 ......./ 14 15 16 17 18 19 20 21 22 23 24 25 '-.,./ , 6 did that type of work, who oversaw that under you? A Yes, I had an administrator. He would do the paperwork, the actual day to day details of it, a What was his name? A William Dempster, a Is William Dempster still with Harrisburg Taxicab? A No, he's not. a Do you know about when he left? A January of '98. a Okay. When this claim came in was Mr, Dempster the one who first contacted an attorney and prepared the response to it? A Yes. a Since that time, when the company engaged me to represent it in the defense of this case and particularly in defense to the petition to have the case remain open, have you and I discussed some of the information I need to defend the case? A We -- you advised me things I needed to do and get together, yes. a Could you tell us about some things that I told you you need that are not available at this time? A Accident histories, drivers from the "') 1 2 3 4 5 6 7 8 9 10 11 12 ,..._~ 13 '--J 14 15 16 17 18 19 20 21 22 23 24 25 "----' accidents. Unfortunately we had a building that collapsed and records were damaged. It was excessive, S50,000 worth of damage at the property from a storm. We had severe weather. Q Let me go back a step, Let me get this somewhat more organized, Let's talk first about records, papers and physical records. A Okay. Q The records from 1992 and 1993 that would include records of automobile collisions and insurance claims and disputes, by 1995 where were they kept? A They were kept t the -- we bought a another company in York, Pennsylvania, And it was a large building, So out of convenience, older records were kept there, Q And where was that building located? A 555 South George Street. Q And what type of a building was it? Was it an office. a warehouse, a garage, what? How would you describe it? A It was a car dealership, a large building. Q And where were the records kept, in what part of the building? A In the offices, the office section, -'- 0 1 Q How many stories was the building? 2 A Two story, 3 Q Was the office on the first or second? 4 A Second floor. 5 Q All right. Now, you mentioned there was 6 some ice or water damage? 7 A Yes. B Q Could you remember approximately when 9 that occurred? 10 A No, but we can, I me an, call the 11 insurance companies and find out, 12 Q Did it occur after this action was filed ,....-. 13 in '95? J 14 A Yes, during. 15 Q Okay. 16 A I'm not 17 Q Either after or during 1995? lB A Yell. 19 Q Can you -- did you personally see the 20 damage? 21 A Yes, 22 Q What happened? Describe it. 23 A It was a large, flat roof. It was 24 winter, and we had a -- it was freezing, and then the 25 water -- it was excessive water. And the building, the -....../ 8 ') 1 2 3 4 5 6 7 8 9 10 11 12 . -- 13 \ , '.../ 14 15 16 17 18 19 20 21 22 23 24 25 ..J 'J interior walls -- or the roof cOllapsod inside the interior walls, People were inuldo tho building at the time. It was -- it was devastating, It was sea ry. Q Did you havo a chanco to inspect the portion of the building where these records had been stored? A Yeah, I wont tl-arough the whole building seeing it, It was -- well, since then the building was demolished, Q Bofore you demolished the bUilding, what was the condition of the records, the files? A Destroyed, mean, soaking wet and nasty, ice frozen. Because it was days until it was cleaned up. Q All right. And when it was cleaned up, what was done with the contents of the building? A Hauled away. Q And what was done with the building itself? A Torn down. Q As a result of that did you lose all or most or some portion of your records? A Everything was gone, Q Okay, ,""] 1 2 3 4 5 6 7 8 9 10 11 12 13 --.../ 14 15 16 17 18 19 20 21 22 23 24 25 J 10 Comput.ers, files, cabinets, desk. It was A just gone. o Now, you also mentioned drivers. Let me ask a few questions about Harrisburg Taxicab. How many drivers does it have right now? A There's over 500 drivers right now. o Are they employees of the company? A No, they're independent contractors. o And how do they operate? Do they lease something from you? A They rent the car on a daily basis. They come in. They rent it. And a lot of guys are part time. They drive. They rent the car, and they go out and they drive. It's a standard practice in this industry. o Is there -- can you describe the level of turnover of these people? Do they routinely stay and work for 20 years and retire? Do they stay six months? A Nobody does in the transportation business. It's not a career. It's a stepping stone type business. Some stay around. Good drivers who like it stay around. Problem drivers don't stay around. o The drivers that would have been involved in accidents in '92 and '93. 11 A They're problem drivers. They wouldn't be around. Q Have you been able to get a list of -- of collisions or accidents and made any effort to locate those drivers? A Yeah, we -- we tried to with local police departments. And even like the policemen, there's officers who have retired without incident numbers, without dates, without some -- I was hoping to get maybe a computer generated log or something. And locally, Officer Bitner who ran traffic safety, he's retired. I wanted something to start a fact finding to be able to, you know -- to establish a pattern, you know, something that was -- would give information, a guide. Q And were you able to locate drivers that worked for or worked driving cabs at that time and were involved in these collisions? A I can't really say because I didn't follow the accidents. And drivers aren't going to come out -- I mean, they're eight years ago or seven years ago is a long time. Where were you, or do you remember? And if -- if a driver had two or three accidents, he's not going to come out and say, you know -- it's like, .~ "-' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '--'" 12 Clyde, that's so long ago. Q How many of the drivers that you had working for you in '92 and '93, particularly the drivers that had accidents, how many of them what portion of them would you say are still working for you? A I wouldn't be able to tell because we've We've went from probably 200 drivers back then And plus we've expanded four times. Q The -- the drivers that -- that were -- strike that. When men -- people drive cabs for you, do you keep personnel files on them? A No. Q Do you frequently have a phone number or a home address for them? A We have a lease agreement, a rental agreement, but that changes every year. I mean, you have to upgrade them every year. Q Do you keep records of their addresses and their phone numbers? A Current drivers, yes. Q When they leave you and they no longer drive for you, do you keep in contact with those grown. to now. drivers? A In passing, but not -- not as a habit, ~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 ...., , 14 15 16 17 18 19 20 21 22 23 24 25 ---- no. Q What do you mean in passing? A If you see them. I mean contact, maybe you see them around. Q My question is, do you make an effort? Do you keep a file A No. Q -- of former drivers? A No. Q Do you keep their addresses and phone numbers? A No, they get archived, and we probably keep them for a year. No, I think we keep them three years. I think that's the routine. After the accident and everything, you -- because we had tons of files that went back to the 80s. And it was a question, you know, we were told, you know, you have to keep them three years. Or if there's a contract, it may say five years, but that's what you keep. Q Were those the records that were destroyed when that building roof collapsed? A Yeah, yes. Q What's your experience been with drivers, former drivers? Do they stay -- do they have permanent 1 J ~ 1 2 3 4 5 6 7 8 9 10 11 12 ---~. '\ 13 '--" 14 15 16 17 18 19 20 21 22 23 24 25 ,--",' 1 ~ homes? Do they stay in the Harrisburg, York area, or do they go elsewhere? A They travel. I mean, good drivers stay. But problem -- you know, drivers do travel. They-- and they can drive cab anywhere. They can leave here and go to Pittsburgh and drive. They can go to Florida. They can go to the shore, somewhere seasonal. They work here in the winter when it's busy, and then they go to Ocean City, New Jersey for the summer where it's busy. Q Has that been your expe~ience with these drivers? A Yeah, urn-hum. Q The policy, was there an agent or a representative of the company that sold that policy to you, to your company? A Initially there was a gentleman by the name of Mike Kingabee who I went to Florida and met with, had dinners, stayed down. And I was -- I was probably the first policy in Pennsylvania that they wrote. Q Was he the person who represented the insurance company? A Yes. Q Was he employed by them, or was he an (J 1 2 3 4 5 6 7 8 9 10 11 12 '-, '. 13 J '-...../ 14 15 16 17 18 19 20 21 22 23 24 25 ---./ 16 A I'm not sure, because then it got -- Mr. Kingabee was terminated or left, and then -- that's when things got confusing. Because there was another gentleman, Snyder, who was doing -- he was the counterpart to Kingabee in that office for these taxi programs. And he was friendly with a broker in Pittsburgh. And then I became a pawn caught in the game because the two brokers -- two staff people from T.H.E. were fighting over sales and production. And they had the two brokers, and I was right in the middle as we're on the Susquehanna River. And I'm Harrisburg Taxi, but I'm on the west -- I'm on -- I'm Harrisburg Taxi, but my office is located in Lemoyne. And that's when it just got into a feud of whose account it was. Q When you first bought the policy, who explained it to you? Who told you what coverage you had? A Kingabee. Q Kingabee did? A Yes. Q And is that before you dealt with Metz? A Yes. Q So first Kingabee, and then through Mr. .,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 ......,' 14 15 16 17 18 19 20 21 22 23 24 25 ',-/, 1 7 Kingabee you were assigned to deal with Metz, who was a broker or representative in Philadelphia? A Yes. Q And then there was -- at some point you dealt with a man named Snyder at T.H.E.? A Well, I dealt with -- yes, at T.H.E. But T.H.E. terminated -- when Kingabee left, T.H.E. terminated or ended the relationship with Philadelphia. Q With Metz? A With Metz. And then I had to go to Pittsburgh. And by speakerphone I dealt with Mr. Snyder who explained what Kingabee -- why Kingabee left. And he wasn't doing things right, and there was confusion. And at that time Mr. Snyder made the remark, Kingabee left too much money on the table. And I was not real happy with T.H.E. So I left them. I left T.H.E. almost immediately. Q Do you know Snyder's first name? A No, but Snyder ended up leaving because Snyder was going to come to work for the Pittsburgh broker. He was going to work in-house. Now, I don't know where Snyder's at today. Q Do you know the name of the broker in Pittsburgh? -- \ '-' 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '........ 18 A Research Underwriters in Monroeville. Q How about Metz? Do you know the name of his agency? A No, because they -- they change. They get bought out. Q Have you made any effort to locate Kingabee since this lawsuit started? A Had office staff call just to confirm where were people around to see where they're at and no help. I understand Kingabee is selling cars. Q Do you know where? A No, in Florida. Q But you don't know where? A Yes. Q What about Snyder? Were you able to obtain his first name or locate him? A No, because I -- Snyder's kind of a common name. Smith, Jones, I mean, Snyder. Q Okay. Without the testimony of your drivers, are you able to -- to really understand this claim or defend it properly? A No, because I'm really not -- because of the experience I had with the -- with the sales department, and T.H.E. in general, it's really and now the length of this going on so long, it's ,J'") 1 2 3 4 5 6 7 8 9 lO 11 l2 " - l3 ~../ l4 l5 l6 l7 l8 19 20 2l 22 23 24 25 , -' 20 ask for it. But I need a date of that claim. And it turned out to be $ll,500. But on my loss runs it showed it 55,000. And at that time then I was really annoyed with T.H.E. And they -- their explanation of that was it was a typographical error. And that's an extreme typographical error. So I did not care for them. And my loss runs, when the Kingabee-Snyder battle took place, had -- the whole personality had changed. So I mean, this thing progressively gets worse, even now to believe that nine, eight years later now we're in a legal battle. How many other I mean, I'm curious how many other companies, you know, T.H.E. is pursuing. Because they wrote -- they wrote some other policies locally. Q Without being able to locate Kingabee and get his testimony, are you able to -- strike that. Not having Kingabee available to testify, does that impair or damage your ability to defend this claim and the interpretation of the policy? A Certainly. Because he's the one that initially started it. And he -- he worked for T.H.E. So I think Miss Wagner probably could look back and try to find him. ~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 '-' 14 15 16 17 l8 19 20 21 22 23 24 25 -/ :'1 But he will benefit me because he left on bad terms as it was, because he did call me. MR. ANDES: Okay. That's all the questions I have. MS. WAGNER: Okay. Mr. Bachert, I have some questions for you. Before I start, Sam, I'm just going to put a small objection to relevancy to the issue of the drivers and the loss run. And we can go over that with Judge Oller. But our position would be that this is a case for claim deductibles on adjusted claims. So that Mr. Bachert will not really be required to produce any of those drivers to defend the claim for claim deductibles. MR. ANDES: MS. WAGNER: the deductibles are owed. MR. ANDES: I understand that's your contention, but I don't agree with that. As I understand, in part, the dispute is what the deductible is, whether it's a set number of dollars per occurrence or a set number of dollars per injury. And the drivers would have testimony on that. That is critical. But particularly when when all we have are your records, we would need the the Well, I understand -- The claims were paid, and ] 1 2 3 4 5 6 7 8 9 10 11 12 ..--.., 13 .. '-.../ 14 15 16 17 IS 19 20 21 22 23 24 25 -.-/ drivers to -- to tell us whether your records are accurate or not. But we can argue about that later, and I'm sure the judge will give us an opportunity to do that. MS. WAGNER: I think you're correct. I'm going to proceed with the questioning of Mr. Bachert, if that's okay. MR. ANDES: Fine. CROSS-EXAMINATION BY MS. WAGNER: Q Mr. Bachert, you said that your interest in the company is that you are the president and owner; is that correct? A Correct. Q And did you found this company, or did you buy it from someone? A I bought it from someone. Q Who did you buy it from? A That's -- it's Miss Wagner or Mrs. Wagner? Q Miss. A Miss, okay. That wad a little bit confusing, because there were -- there were several owners. And it took almost a year and a half until 22 23 '" 1 there was partners who funded it, and Sam was involved 2 with the deal at the time. 3 There was an owner who was buying it but 4 never paid for it. So there was probably five people 5 that were involved. Name-wise, Earl Brandt. Brandt 6 I mean, I think he's in Pittsburgh, in fact, today. 7 Earl Brandt. He was one of the gentleman that had to 8 be paid. I'll put it to you like that. 9 Q Anyone else? 10 A Jack Kelly. 11 MR. ANDES: Who was the old guy? He was 12 an older man. Who was that that had run it before? 13 Was that Kelly? J 14 THE WITNESS: Well, no. Kelly was, at 15 that time, about 45. There was -- there was five 16 people that were involved that had that had to 17 literally sit down and figure it out. 18 It took a year and a half. I was running 19 the company on a management agreement. And you're 20 right. I said I was running it. I was owner -- I 21 was owning it and running it in '83, but it wasn't 22 really settled until the middle of '94. 23 24 MR. ANDES: No, '84. THE WITNESS: I'm sorry, '84. 25 BY MS. WAGNER: '--_/ ,~ 1 2 3 4 5 6 7 8 9 10 11 12 ,,-..,,. 13 , '-...,/ 14 15 16 17 18 19 20 21 22 23 24 25 "'-~' 2 'I Q And how about all those documents about the purchase and the management agreement? Do you still have those documents? A The stocks and bonds were held in -- at the PUC attorneys, Mette, Evans & Woodside. They're like -- they kept those. They're like documents, the stock certificates. Because this company goes back to 1908. Q Okay. So you've been involved with it since 1983? A Right. Q And in the middle of 1984 you actually became the owner? Are you the sole owner? A Yes. Q Okay. And what are your responsibilities? Are you an on hands manager? A I'm -- I'm described as an operations person, okay. I'm not a administrative person. I don't go in the actual flow of the paperwork. I do operations. I like sales. I like the customer relations. I don't get into the I don't like being in the office. I don't like sitting here today. I'm not very good at these kind of things. But as far as how many people need to be ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 ''''''.-.... .' 14 15 16 17 18 19 20 21 22 23 24 25 ~ 25 moved or what type of equipment needs to be bought, that's what I'm comfortable doing. I'm known for that in this industry. Q Okay. And so since you're the operations person, you hire an administrator; is that correct? A Yes. Q And who is your administrator now? A Tiffany. And I don't even know Tiffany's last name. You know, it's -- I check records. If -- I do review the mail every day, and then I, you know, send it -- you know, take care of it. And that's one reason when your stuff came in, Sam and I go back -- are friends. And I said, hey, I got different -- MR. ANDES: Just listen to the question and answer the question. She asked you who it was. It's Tiffany, you don't know her last name? THE WITNESS: Yeah, she's there. You can call and ask her name. MR. ANDES: So we aren't here all day, if she wants more information, Mr. Bachert, she'll ask for it. THE WITNESS: Okay. Thanks. BY MS. WAGNER: Q Where is Tiffany's office located? I"', 1 2 3 4 5 6 7 8 9 10 11 l2 13 , , ,..,/ 14 15 16 17 18 19 20 21 22 23 24 25 26 A Same as mine. Q So you're in the same building at 50 Market Street? A Yes. Q Okay. And do you see Tiffany every day? A Yes. Well, when I'm there daily, yes. But I'm not there every day. Q Okay. And that's because why? A I have four other offices. Q Okay. And are they for Harrisburg Taxi, or they're for other businesses? A Other businesses. Q I'm sorry. My phone cut out. Did you say they're for other businesses? A Yeah, I own other businesses. Q Okay. And have you ever employed an accountant? A Yes. Q And does the accountant is it the same accountant for all your businesses? A No. Q Okay. Who is the accountant for the Harrisburg Taxi? A For the past three years it's Trout Ebersole out of Lancaster. ,r') 1 2 3 4 5 6 7 8 9 10 11 12 13 ; '-- 14 15 16 17 18 19 20 21 22 23 24 25 J 27 Q Can you spell that for the court reporter and mysel f? MR. ANDES: T-R-O-U-T. Ebersole is E-B-E-R-S-O-L-E, I bel ieve. BY MS. WAGNER: Q Thank you. And your counsel, Mr. Andes, asked you some questions about hiring an attorney. You said originally when you were first served with a complaint in '95 that your administrator, Bill Dempster, took care of hiring Attorney Sugars; is that correct? A Yes. Q Okay. And did you have a personal relationship with Mr. Sugars? A No, I -- this is a small town. We know each other. Q Did you ever have meetings with him? A No. Q So that was all handled through Mr. Dempster? A Yes. Q And do you know when you ceased using Mr. Sugar's offices? A No. I thought this was allover when -- I mean, when Bill left -- Bill and I worked for seven t1 '--'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 ~ 28 years together. Bill moved on. And as far as files and status, you know, I asked him to bring me up to speed. And in the transition another woman was hired for -- Q That was before Tiffany? A Yes. Q Okay. And who was that? A Jill. And you're going to ask me her last name. I'm sorry. I don't know it. But we can find it. I'm a first name kind of person. Sorry. Q Urn-hum, okay. So you have -- you have employment records for both Jill and Tiffany who replaced Mr. Dempster; is that correct? A Yes, yes. But we're dealing with '97 now, or '98, '98, '99. Q Were there other people since? A No, not doing the insurance work and accident procedures and things like that. Q Okay. Bill Dempster left in January of 1998; is that correct? A Yes. Q Okay. So then Jill was hired for some period in 1998; is that correct? A About six, seven months. Q And then Tiffany started when? 1"'\ 1 2 3 4 5 6 7 8 9 10 11 12 .'~ 13 . '-...../ 14 15 16 17 18 J 9 20 21 22 23 24 25 2'1 A Tiffany was there as a receptionist like secretary. I'm sorry. I won't say receptionist, secretary. And Tiffany was actually doing more of the processing. Because after the experience with T.H.E. we started keeping individual files. We sent we kept -- we keep copies of. If I anything we the records I have now I can look at and pictures of accidents, names, dates, and what was involved, yes. Q Okay. So you have duplicate records? A No, I have records of current stuff. Q And they're duplicates of what you send to the insurance company; is that correct? A Today, yes. Q Okay. A But not back then, which frustrates me because we wouldn't be going through this. You and I could sit down and just -- like the $55,000 claim. I can go back -- I mean, that one I know, and I will hunt that one down. Q That one you know still exists? A Oh, no, it's settled. It was settled for 11,500. Q And did you ever pay the claim deductible? J'") 1 2 3 4 5 6 7 8 9 10 11 12 .-----', , 13 : - 14 15 l6 17 18 19 20 21 22 23 24 25 \ ---./ 30 A Yes, we did pay claim deductibles. Q Did you pay it for that one that you know is settled that you're talking about? A I couldn't tell you that without going back. Q Do you think you did, and do you think it's one of the ones A If it was an -- we paid a lot of deductibles, and that's when the philosophy at T.H.E. changed. We -- we -- we had at that time when accidents were reported, that's why this is confusing, why this thing has grown so much, you know, eight years later. And this is still going up when we were away from them so long. We were paying deductibles with the claims. Because that's how it was established. Q Did you receive invoices for claim deductibles? A That I can't tell you. Q And who would know whether you received invoices for claim deductibles? A That would be Bill. That would go back to Bill, how it worked. Q Okay. Now, if an invoice for claim deductibles came in on a policy in your typical handling, that would be with the accounts payable stuff ) 31 2 1 I would assume? A Believe it or not, no. Because it would 3 have went with the accident. Because we would deal 4 with the driver, all right. 5 The driver would -- we would -- the 6 driver would have to -- my drivers, because of being a 7 in Pennsylvania, it's a Commonwealth State, and not to 8 prejudice the driver, you have to show him what took 9 place. 10 And then the driver would sign a release 11 saying yes, this is what went on in the accident. 12 i . .' '-.-' 13 14 l5 16 l7 Okay. So what you're saying is if you Q got an invoice for claim deductibles -- A I'll shorten it for you, Miss Wagner. Q No, I'm going to ask you the questions. A Okay. 18 seven claim deductibles on it, would you make a copy or Q If you got an invoice that had six or 19 would you put four files together with one invoice? 20 Now you can respond. 21 22 23 24 25 .J A I don't know. I don't do that work. Q And you never did? A And never did. Q But Mr. Dempster was the person you hired to do it? ,I) 1 2 3 4 5 6 7 8 9 10 11 l2 ...._" 13 ......,.. 14 15 16 17 l8 19 20 21 22 23 24 25 ../ 32 A Yes. Q Okay. A And if it yes. Q Okay. If he received an invoice, say any time prior to the institution of our complaint in '95, where would he have kept that invoice? A You better ask him that. Q Okay. A I flew him down to -- to Florida to resolve some of these questions. And your client did not even -- your clients said, oh, I thought you were just coming here to visit. Q When did you supposedly fly A Not supposedly, we -- I can ask Bill when he went down there. But he flew right to the office there, and they didn't even have to sit down with him and try to resolve, you know, get everything together. Q Right. You said you're going to ask Bill? A No, I didn't say I'm asking Bill. I said you can ask Bill. Q I think you -- just a minute ago you said you can ask Bill when he flew down? A Yeah, okay. That's correct. You can ask Bill. ,") ",-~-""P 1 2 3 4 5 6 7 8 9 10 11 12 ",--.., 13 '-...../' 14 15 16 17 18 19 20 21 22 23 24 25 "'-'" . .--.'-..... 33 Q No, I'm sorry. Did you say that you can I'll have the court reporter read it back. You can tell us. A All right. MS. WAGNER: You want to read it back? (Answer read.) BY MS. WAGNER: Q Mr. Bachert, you said -- you used the pronoun I. I can ask Bill. Do you know where to get in touch with Bill Dempster now? A Not right this minute, ~ut I'll -- Q Come on. A I can't, ma'am. t'll call. Do you want me -- Sam? Q Do you know where he is? A No, I don't. In fact, he sold his home. Because I went out to his home where he used to live. I mean, his house is sold. Q Okay. Where did he used to live? A Bellview Park, Harrisburg. Q And do you know the address? A What's that? Q Do you know the address? A 2406, it's in the book, the phone book. But he has they have sold the home, okay. r) ., 1 2 3 4 5 6 7 8 9 10 11 12 - '~" 13 -..-' 14 15 16 17 18 19 20 2l 22 23 24 25 -../ 34 Q Okay. A His wife has a job in Pittsburgh now. Q And when did this selling of the home occur to your knowledge? A I don't recently obviously. His wife worked for the state. She's an attorney. And now she got employed with a firm in Pittsburgh. That's what I got from the people that were at the door of the house. Q And when did you go to the house? A Probably in the last month. Q Okay. And you weren't able to speak with Mr. Dempster personally? A No, I wasn't, ma'am. Q But do you think you would be able to locate him? Do you think anybody would be able to locate him? A Yeah, I'm -- I mean, the man's a good guy. He's a businessman. I'm sure if we went through personnel at the state and found out where he went. I mean, he has a social security number. You know, I'm sure you could you can take the time and track him down. Go ahead. Q Have you contacted directory assistance or anything like that to see if there's a new number for Mr. Dempster? 3~ r') 1 2 A No, I didn't. Q Okay. And you didn't inquire with the 3 post office recently to find out what his new address 4 is, did you? 5 A No, I didn't. 6 Q Okay. 7 A I went to his house. I'm sorry. 8 Q That's okay. And you said you went to 9 his house recently? lO A Yeah, one evening I was in town, and I II stopped by. A guy showing up at 8:00 at night knocking l2 on the door, and it's like, who are you? I explained .--.} '-' l3 who I was, and we got talking. 14 And they informed me that, you know, they 15 bought the home, and the Dempsters moved, and you know, 16 they didn't -- maybe they -- they didn't go out of 17 their way to say, hey, they moved here thinking maybe 18 I'm a serial killer or something. 19 Q Right. But they gave you a general idea 20 where we could look for Mr. Dempster now? 21 A Yeah, Pittsburgh. It's a little, small 22 town on the east coast. It would probably be easier 23 for you to find him than me out there. 24 Q Excellent. Let me ask you this. You 25 said that Mr. Dempster was handling these things for -' ~ 1 you until he left you in 1998. 2 How many times would you say that you 3 were in contact with him between 1998 when he left and 4 recently when you went to his home? 5 A Maybe three, four. 6 Q Okay. 7 A I ran into him early in spring at a local 8 landscape Country Markets, a landscaping store here. 9 Q Um-hum. So to your knowledge he was 10 still in and around town? 11 A Yes, in April, May, April, March, April. 12 Q Was that March or April of '99 or '98? /-'\ l3 A Yeah, , 99. '- , 14 Q If you know? 15 A In ' 99, just this past 16 Q Just in the spring? 17 A Yes. l8 Q Okay. Thank you. All right. When your 19 attorney was asking you some questions he asked you 20 about insurance agents or brokers, and we got into the 2l matters regarding Mr. Kingabee and Mr. Metz. Do you 22 have an insurance broker now? 23 A Yes, I do. 24 Q And who would that be? 25 A The same one that I've had after this .-., , 36 ) .........." 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,..~., J happened. The name of the broker is Ron Hanbrick? Q Ron Kanbrick? A Yes. Q And you began using him when? A Years ago when I left all these other -- when I got away from both of those guys. Q Okay. Can you give me -- A I did not -- Q -- what year we're talking about? A I really don't know. I mean, I'm with them more than three. I can tell you that. Q You would be able to find out how long you've been using Mr. Hanbrick? A Yes. Q And how would you find that out? A I would just call -- call him up. Q Okay. And just to clarify, do you think that you used Ron Hanbrick at the same time you were with T.H.E. and Allied on these two policies? A No, not at all. Q Did it overlap, or was it separate? A Not at all. I ended up going under assigned risk, because I disliked the service that came from T.H.E. with my local -- with a local broker. And at that time I started researching 37 3R I) 1 for agents and -- you know, to handle cabs. And I 2 ended up with Ron Hanbrick. 3 Q Okay. Let me ask you this. You said 4 that you disliked their se~vice. Do you know whether 5 you were cancelled for non-payment of these claim 6 deductibles? 7 A I know I left them. I went into assigned 8 risk by choice, that I know, after the meeting in 9 Pittsburgh. Because I flew -- I flew out to 10 Pittsburgh, and we didn't agree with the -- with the 11 loss runs and the deductibles. l2 And Mr. Snyder kind of had me vulnerable /'.-" l3 where I had no choice. And I said, I do have a choice. ----/ 14 And before I was back in Harrisburg I had -- I had l5 insurance written. 16 So however T.H.E. wants to represent it, 17 that's up to them. But I can represent what I did. l8 Q Okay. And that would be that you applied 19 through the state to be in the assigned risk pool? 20 21 22 23 24 A Yes. Q A Is that correct? Q Yes. And when did that happen? That period of time after -- when I was A 25 dealing with Snyder. J () 1 2 3 4 5 6 7 8 9 10 11 l2 l3 14 15 l6 l7 18 19 20 21 22 23 24 25 .'-" '~' J Q Do you know what year? A No, it would have been whenever I had the insurance with them to the best of my knowledge. Q Would Mr. Hanbrick have custody of those records? A No, not at all. Because Ron didn't get involved until a year or so later. Q Okay. Where would the records about assigned risk be maintained? A They're gone. They were in the because I at that time I bought the office in York. And then I was working in York building that office. Q Okay. So they were part of the records were lost in this building collapse? Yes. Okay. Do you recall some correspondence that were A Q at some point in 1996 when you sent a letter to my office with a counter -- with an offer of settlement in it? MR. ANDES: You mean he personally sent a letter, or someone on his behalf? BY MS. WAGNER: Q It's signed by him. Unfortunately I can't show him a copy. A No, it's okay. 39 40 ") 1 MR. ANDES: What's the date of the 2 letter? 3 BY MS. WAGNER: 4 Q It's October. Hang on one second. 5 A I remember it. 6 Q Do you remember it? 7 A What was the date though, Miss Wagner? 8 Q I believe it's October 5th. 9 A In a staff -- in a meeting with Bill, 10 staff we have meetings, review meetings as I call II them, bring me up to speed meetings, recommended by Mr. l2 Sugars. And you're an attorney, everything's ,~ -......) 13 negotiable. 14 I gave a peace offering. It would have l5 been cheaper than getting into -- you know, I offered l6 you $5,000 to get this thing to go away. l7 Q So you were involved with it in '96 as 18 far as an offer? 19 A Yes, I mean, $5,000 was -- you know, it 20 was a nuisance factor, cost of doing business. You 21 know, what did Allied want? 22 And Mr. Sugars and Bill -- Mr. Sugars 23 told Bill, make an offer, you know, to get -- it would 24 be easier than going in and dealing with -- 25 Q Right. f,...._,/ i" 1 2 3 4 5 6 7 8 9 10 11 12 , 13 i ~ , I -...._~ 14 15 16 l7 l8 19 20 2l 22 23 24 25 ...-' 4 1 A -- this. And it probably would have been because we're adding up expenses now. Q And then did Bill subsequently have a conversation with you, and that's where this letter was generated from? A Right. Q Okay. And then do you recall in March of '97 receiving a counter offer from me? A No, not off -- I -- I receive I remember where Bill told me you did not -- you know, you didn't accept our offer, and that's all I knew. Q Okay. And at some point -- does this jive with your recollection? At some point I received a letter from your counsel around May of '97 advising that you guys no longer employed him to represent you; is that correct? A That I don't know. Q Okay. You don't remember that? A No. Yeah, that I don't remember, no. Q Okay. And you don't have any -- do you have any records of when you terminated Mr. Sugars' representation? A I didn't really terminate him, because when I received the blue -- the file with the brief, whatever you call it, I called him to find out what was ') 1 2 3 4 5 6 7 8 9 lO 11 12 "'-" l3 1 .-...../ 14 l5 16 17 l8 19 20 21 22 23 24 25 J 42 going on here. And he says, Clyde, I thought it was over. We didn't hear anything. So then -- Q I have a letter that says something significantly different than that. A That's fine. You may have that. But I mean, I can tell you I called this man and I said, what's going on? He said, Clyde, I didn't hear anything from them. We were done. And I said, give me whatever you have. And, you know, that's when I called Sam. And I said, Sam, look into this and see what we have to do. I'm sorry. Q Do you have a copy of Mr. Sugars' letter? It does not appear to have a date on it, but it's stamped faxed by John Sugars, date 11/16/98, carbon copied to you, Clyde? A Whatever I have from Mr. -- whatever I would have gotten -- no -- Sam has whatever I have. How's that sound? Okay. I mean, that's how I deal with it. As I told you, I don't like paperwork. It frustrates me. So I just give it to counsel and say here. Q Right, right. But what I'm trying to do t) 1 2 3 4 5 6 7 8 9 lO 11 l2 ----.., l3 i ',.-J l4 l5 l6 l7 l8 19 20 21 22 23 24 25 '.J <l3 here is learn about your record keeping activities. A Well, you're asking the wrong my record keeping activities, good luck. Now, if you ask me how to get to Pittsburgh and pick you up and go to dinner, I can do that real easy. If Sam says to me, I need my boat picked up and taken to a dealer, I can do that. If you want trees taken out or a bulldozer, I can do that. Paperwork, I hate it. Q So you've always employed somebody to handle A I always had paper shufflers. I think there's a purpose for you guys. Q Okay. And I'm trying to establish -- where did you keep your records after the collapse of this building in 1995? A Right now I have a home in Harrisburg. Q Urn-hum. A And they are stored in the -- in the it's a it's a house, and they're stored there. Q Okay. And are those Harrisburg Taxi records or other records? A They're everything probably. Q Okay. And why is it that you keep them at home? A Well, after the building collapsed I -- I ') 1 2 3 4 5 6 7 8 9 10 II 12 ,..'-.... 13 \ ~ 14 15 16 l7 18 19 20 2l 22 23 24 25 I .J 44 bought this property. Well, my office in Harrisburg we kind of maxed out. We put in a large addition to it in -- it's just easier. My -- the house in the city is about a mile away from the house -- the office in Lemoyne, and it's actually -- it's actually a large warehouse. And we renovated it into a house, and I keep limousines there. I keep my bike there, my boat there. Q Okay. When -- when you have these records stored at home, how do people like Bill Dempster and Tiffany and Jill get access to the corporate records that are stored there? A They have keys. They go in the garage, in the I mean, you have to see the building to believe it. They just go in. There's tables. There's a large conference room there. It's kind of like a office. Q And again, clarify for me, when did you buy that building and start storing records there? MR. ANDES: That's two questions. You want to know when he bought the building? BY MS. WAGNER: Q Yes, please, and then when he started storing the records there? A I guess I bought the building, I believe ") 1 2 3 4 5 6 7 8 9 10 11 12 ..r---.." 13 \ -...-J 14 15 16 17 18 19 20 21 22 23 24 25 ---,,' ;1 ~ -- Milspaw, Chip. You were in on that, Sam. MR. ANDES: I don't remember when you bought the building. THE WITNESS: It was like early 90s I bought that building. BY MS. WAGNER: Q Okay. What's the address of that building? A You're not going to believe this, dear, but this building collapsed also. I had a -- I have a great -- MR. ANDES: Just what's the address? THE WITNESS: l4l6 Lawton Street. BY MS. WAGNER: Q 1416, I'm sorry. A Lawton, L-A-W-T-O-N. Q Okay. And when did you begin storing records there? A After we ren -- we renovated -- MR. ANDES: Just give her a date, if you know. THE WITNESS: After the York deal, after BY MS. WAGNER: Q That would be after 1995? ,r') 1 2 3 4 5 6 7 8 9 10 11 12 ~"'i 13 '~ 14 15 16 17 18 19 20 21 22 23 24 25 ---,' 46 A Yeah, whatever. Shortly after the York incident. Because we had modular trailers brought in for like a big unit, double-wide trailer put there, an office. And then we set up in the parking lot for six, seven months. And I ended up selling the business building in York. Q Is it your testimony that you had records both at 555 South George Street in York and at 1416 Lawton Street? A Impossible, no. Q Okay. So when -- put this in a time line for us, Clyde. A I can't without going back and checking. We can easily do that. Q Give me your best recollection for now. A I was able to move into that house Q On Lawton Street? A Thanksgiving of '97. I had a dinner party there. So it could have been in '96, because it was back under roof and being renovated. It took a year and a half to renovate the building, or a little longer with approvals from the city and stuff. Q So you're assuming you bought it in '95? A No, I'm assuming I bought it in early 90s. It was -- it was a parking garage. And I bought ) 1 2 3 4 5 6 7 8 9 10 11 12 '~-"" 13 I - 14 15 16 17 18 19 20 21 22 23 24 25 ,/ 47 it to park -- my original office was in Harrisburg in the 80s. I -- I still own the property in Harrisburg. It was a garage. I bought a -- Sam bought up a lot of properties. And we -- then I bought the warehouse. Because as I was growing I needed more space. And the warehouse was about two or three __ straight down the street to the river, and it was a large parking garage. Q Okay. So you bought it in the 90s? A And then that collapsed in '83 that building collapsed. Then the York building collapsed. And thank God it wasn't fire and how that -- you know, this was water and snow and ice. This was nature in its entirety. So now I'm getting frustrated. Sorry. Q So -- A Yes, I had -- Q One more time for us. 1416 Lawton Street was purchased in the early 90s? A Yes. Q And that's the place where you store records now? A Yes. Q And you think you began storing records r') , ' 1 there in 1996? Was that what you said? 2 A Once it was under roof and we made 3 it's a strong building, like the roof collapsed. 4 Yeah, when? Q 5 I don't know without sitting down and A 6 going through it. I mean, I'm an active kind of guy. 7 So you said you wouldn't know without Q 8 sitting down and going through it. When's the last 9 time you looked at any of the records at Lawton Street? 10 I never do. A 11 You never have? Q 12 No. What I will do is I will call Chip, A :) 13 who I bought the building from, who's a lawyer. His 14 wife's a judge in town. Her car was in the building 15 when it collapsed. 16 I will have Sam look at his records. I 17 mean, that's what I'll I'll pay someone to go and 18 accumulate this stuff. 19 Right. And so you don't really know Q 20 what's there, correct? 2l I know your stuff's not there. I can say A 22 that. I mean, I'll fly out. I'll have one of my 23 pilots come get you, and you can start looking at them 24 today. Do you want someone to pick you up? 25 Q I'd love to do that. './ "') 1 2 3 4 5 6 7 8 9 10 11 12 13 -'.-.oj 14 15 16 17 18 19 20 21 22 23 24 25 J 49 All right. MR. ANDES: Don't argue with her. What time? Just answer the questions. A THE WITNESS: I'm not arguing, but I don't have time. I don't know. MR. ANDES: You answered the question. BY MS. WAGNER: Q What's in Harrisburg? A It's all new. Because that building -- the building in Harrisburg collapsed, and there was about $350,000 worth of renovations to that building. I live there now as -- I have a home outside the city. But when I stay in the city, I can stay there. Q And that -- that place we're talking about now is 1416 Lawton? A Right. Q Okay. And the 555 South George Street where it's your contention that the records pertaining to these policies were kept, you made an insurance claim on that? A Yes. Miller's Mutual. How's that? I know them. And they wrote me a check, no problems. Q Okay. And that was for damage in '95; is that correct? (, 1 2 3 4 5 6 7 8 9 10 11 12 '---., 13 .........' 14 l5 16 17 18 19 20 21 22 23 24 25 , -/ 50 A No, whatever -- you can check with them. I never I mean, whatever the -- whatever year that was. Q Okay. You're not sure? If they paid it, they would have probably paid it in '96, because the damage was in '95? A I don't know. It was a while ago. Now there's a hospital there. Everything was torn down, and they put a hospital there. Q Okay, okay. Can you tell me when did you hire Mr. Andes? You've made some comments that he's been a partner of yours throughout some of your business transactions. When did you specifically start using him for your legal representation? A I was -- I was having a bad day, I guess. Sam and I know each other from many -- Sam actually represented my ex-wife in her first divorce. Q Okay. A So you take it from there. Sam's been Sam's been on the merry-go-round for a long time. Q Okay. A He doesn't handle all my work. He handles my frustration work. Q Okay. So when did you hire him for this case, Clyde? {~ 1 2 3 4 5 6 7 8 9 10 11 12 ..- " 13 \ '...../ 14 15 16 17 18 19 20 21 22 23 24 25 i '-'" ~ 1 A Just now when you finally met him. I should have hired him -- I should have made Bill come up and see Sam, but Bill was dealing with you guys. Q Okay. So you didn't hire -- from the time that Mr. Sugars was handling your case back in '96, and then you sent me an offer in '96, at some time after that meeting in '96 you didn't really have a formal attorney working on this until you hired Mr. Andes to respond to my petition? A I thought it was over. I thought it was done. Q I'm not asking you what you thought. I'm just asking you, was that true? A Sugars was handling it. Q To your knowledge Sugars was handling it until when? A Yes, until you -- until you sent me a document. Then I called Sugars to ask him what was going on. He said he didn't hear nothing from you. Nothing you know, his knowledge -- well, you ask him what he thought. Q Well, I have a letter that says what he thought. A All right. He thought he was done, good. Q Right. ,~ 1 A :'2 And then at that time -- well, then -- 2 then I said, Sam, here's a package. 3 4 Q A Right. And that was just last fall? Whenever it was. Sam probably got five 5 or six little projects going on -- projects going on 6 right now for me. 7 Q Okay. 8 A And another dozen lawyers in Harrisburg 9 and York and Adams County. 10 Q Okay. Let me ask you some questions 11 specifically about the lawsuit. Have you read the 12 complaint? , ,~i 13 A 14 Q No. Okay. Have you discussed it with your 15 lawyer, your lawyer now, Mr. Andes? 16 A 17 Q 18 nature of this claim is purely for claim deductibles? Okay. And do you understand that the 19 A 20 Q 21 A Sam, take care of it, yes. Look into it. No. You don't understand that? No, because I don't understand how after 22 after eight years, if it's clearly, Miss Wagner, for 23 claims deductibles, we should have had a factual 24 number. 25 From what I understand from Bill back ,) 1 2 3 4 5 6 7 8 9 10 11 12 p~ 13 . ~ '...../ 14 15 16 17 18 19 20 21 22 23 24 25 ,~/ 53 then, this number just kept changing. We could never get a real number because the woman that -- T.H.E. had a lot of turnover also, okay. Q Okay. Do you understand that the process of claim deductibles is that once a claim is made on the policy it goes through the insurance company until the adjustors work on it and it's finally settled? A Right. And then that claim should be $1,000. Do you understand that? Q I understand that. I'm asking you if you understand it? A It should have been for $1,000 per accident. Q Okay. A Okay. Now, that's clear. Q And you understand that, correct? A If it's $1,000 per accident, because there's no way you have 40 or 50. With five times the amount of cars today, we don't have that many deductibles. So you understand that. I can show that today. Q Well, what I'm saying is you understand that it's $1,000 per occurrence, correct? A No, no, per accident. Q okay. ') 1 2 3 4 5 6 7 8 9 10 11 12 ......,.. l3 \ , '-J 14 15 16 17 18 19 20 21 22 23 24 25 -../ S4 A There's a difference. Per accident. If -- per accident. Do you understand per accident, per occurrence, the difference? Q So it's your understanding that it's $1,000 A No, no. It's our understanding, because you said it was per accident. We can go back now. That one I know I have on the record. Q But that's what your understanding is? A Yeah. Q $1,000 per accident? A Yes. Q So every time an accident is adjusted and settled, it would be $1,000 that you would owe? Is that your understanding? A No, I'm I understand when I submit an accident it's $1,000, okay. It cost -- Q So you're -- A Whether there's seven different incidents in that accident, I only pay $1,000. Q So what I'm -- then I'm asking you, when do you pay this claim deductible? A When we had a fund with them, a draw down. And then we would pay -- and then we had to refurbish it as we used it, which conveniently T.H.E. !") 1 2 3 4 5 6 7 8 9 10 11 12 -1 13 .~ 14 15 16 17 18 19 20 21 22 23 24 25 ,....,/ ~5 could never -- could never do a balance on the draw down, which was -- which was a problem. Q Okay. Did your accountant maintain records on what was A No, because the accountant was gone. I also, through all this love and affection, went through a divorce that lasted three and a half years. Q Okay. A So my life is real -- Q Let's talk about the accountant first. Who is your accountant now? A Q since when? A Q them? A We already said that, Trout Ebersole. Okay. And they've been your accountant For three years. Okay. Who was the accountant before You're going to love this. I went through accountants like divorce guys go through girlfriends. Sorry. There was, on a yearly -- because through my divorce we thought that I was going to go bankrupt. Q Um-hum. A So we had a bankruptcy accountant. Q Okay. And who was that? ') 1 2 3 4 5 6 7 8 9 10 11 12 ...-'", 13 .J 14 15 16 17 18 19 20 21 22 23 24 25 ...-' ~6 A I -- Jewish guy. I -- I have to get his name. He's here in Harrisburg, Market Street. MR. ANDES: Mark Greenberg? THE WITNESS: Mark Greenberg, yeah. You remember that. Sam wouldn't represent me in my divorce. He was mean. BY MS. WAGNER: Q I can't believe that. A Oh, yeah. He was terrible, mean. Q So tell me more about the accountants. Who else did you use? A God, we had -- we had his, hers and ours during the divorce. Q And who were they? Do you know? MR. ANDES: Are you asking who the company accountants were? MS. WAGNER: Yeah, I'm really looking for the company accountant, Sam. MR. ANDES: Do you remember who the company accountant was prior to Trout Ebersole? THE WITNESS: There was one in the changeover, but he couldn't keep up. He -- it was more than what he thought it was. MR. ANDES: What was his name? THE WITNESS: It was a Pol ish name. A r) 1 guy was -- guy who moved here from, I think, Scranton 2 or something. And he was recommended by -- he said, 3 you know, get an accountant that will sit with you. He 4 moved here, a young guy, family. 5 6 MR. ANDES: Where was his office? THE WITNESS: Here in Camp Hill. I make 7 them come to me. I'm sorry. 8 MR. ANDES: Who was it before that? 9 10 THE WITNESS: Before that, Mayer. MR. ANDES: John Mayer, M-A-Y-E-R? He 11 was your accountant then for some time? 12 THE WITNESS: Yeah. ,._", , I '-...../ MR. ANDES: Where's he now? 13 14 THE WITNESS: I don't know. 15 MR. ANDES: John Mayer was not a 16 Certified Public Accountant. He was a public 17 accountant. 18 MS. WAGNER: Okay. 19 MR. ANDES: He had an office out of his 20 home, I think, in Lancaster. Is that correct? 21 THE WITNESS: Something like that. He 22 would come into the office and work, and I pay him. 23 And then there was Bill. Bill, but he got frust -- I 24 mean, with the divorce and Cathy, we had an accountant 25 for a few -- four, five years. Bill, Bill. J 57 r') 1 2 3 4 5 6 7 8 9 10 11 12 ",--. 13 J 14 15 16 17 18 19 20 21 22 23 24 25 ,J He was out on Linglestown, out by conrail in the industrial development. We can find Bill. But between my wife, she got an accountant out of Hershey who came in and did audits, and I was in the hole for __ back then a smaller company, I was in the hole for about a million and a half dollars. And everybody was figuring I was going to pack it in. And then Greenberg came in. And then they realized that I was going to survive. John -- John Fritz, John. MR. ANDES: Sheraton was involved? THE WITNESS: Was involved. There was many. MR. ANDES: She only wants to know the people that represented the corporation. BY MS. WAGNER: Q Yeah, anybody who would have access to any corporate records. That's what we're really trying to figure out, if they're -- there is some -- MR. ANDES: They would be John Mayer; Bill, whose last name he can't recall, and a fellow in Camp Hill for a brief time whose name I can't recall. And I'll have to have Mr. Bachert check and see who those accountants were and try to provide you with those names. ~8 ~ ::J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "'-._' ~9 MS. WAGNER: Okay. Thank you. MR. ANDES: Urn-hum. THE WITNESS: Are we done? BY MS. WAGNER: Q No, I have a couple more questions. Just give me one second, please. A Urn-hum. Q Okay. We talked briefly about this on one of our other questions. I asked you about what you've looked at at Lawton Street in terms of records. Have you gone through all your records to see if there are any -- any records remaining from this time, or have you assumed they all went in the -- in the building collapse in 1995? MR. ANDES: I object to the form of the question. You can ask him if he knows they were destroyed, but I object to the use of the term assumed, as the alternate is -- the alternative to his reviewing the records. Do you understand my objection? MS. WAGNER: Yes, I do. MR. ANDES: Okay. If you could rephrase that, maybe we can get past that problem. BY MS. WAGNER: Q Okay. Clyde, have you go~e through the records that are in existence now to make sure there 0 ,,#.,,' 1 2 3 4 5 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 2l 22 23 24 25 .- J 60 are no records from the policy period '92-93, and '93-94? A Yes. Q Okay. And what have you discovered? A All of those -- all the stuff -- all the when we when we put -- when we did the addition at the office in Lemoyne in '94-95, we also had construction being -- I settled, I believe, in '94 on my divorce. '95 we put the addition. We had the collapse. All the records, because I went through this with the PUC, I went because of keeping X amount of records we had -- they were gone. So all the -- I designed the building in Harrisburg to have a storage section and all -- everything that came from when the building -- all the new stuff that was held went over there. So there's no accidents. There's no payroll. There's no sales tax. There's no leases. There's -- everything is prior to when we moved in that building. That building was safe in '95. Q And that's Market Street in Lemoyne? A No, that's 1416 Lawton Street in Harrisburg. Q Okay. ."") 1 2 3 4 5 6 7 8 9 10 11 12 .-, 13 , , "-.-/ 14 15 16 17 18 19 20 21 22 23 24 25 -J 61 A And everything is stacked in files. There's there's 20 file cabinets, five drawers, and there's the stuff. Q And that's where all the records are now; is that correct? A Yeah, yes. Q And there -- there are none at 555 South George Street because that's a hospital now? A Yeah, that's a hospital now. Q Okay. How about 50 Market Street, Lemoyne where your office is? A Year to date. That's the only thing we keep there. Q I'm sorry. I didn't hear that. The phone cut out. A The only thing we keep there now is year to date. Q Year to date? A January 1 through. And of course, there's a layover of a month. You close out the year, and then it all gets boxed and taken over to put there. So if anyone wants -- if you would have done this before the collapse, we would have been -- you and I would have had fun. Q Well, now, let me ask you this. This ') 1 2 3 4 5 6 7 8 9 10 11 12 ..-....."\ l3 \".,-,' 14 15 16 l7 18 19 20 21 22 23 24 25 / y 62 collapse happened in 1995. Our complaint was filed August 31st of 1995. You're telling me about three months after we filed the complaint -- I'm sorry. Not three months. But it would have been in the winter of '95 after the late summer of '95 when I filed the complaint that all these records disappeared? Is that correct? A No. MR. ANDES: I object to the form of the question. No one's used the word disappeared. He's told you truthfully what happened. You've asked for documentation to confirm that there was an insurance claim. He's told you he's not certain whether it was '95. He believes it was , 95. But the word disappeared has never come up in this deposition until you injected it in your question and asked him to confirm it. And I object to that. BY MS. WAGNER: Q I'll be glad to change the word. It wasn't intended to A I mean, this -- Miss Wagner -- Q When the records -- what word would you use? 63 '~ 1 MR. ANDES: Destroyed was the word he 2 used in his answer repeatedly. 3 4 MS. WAGNER: Okay. MR. ANDES: And he's told you how they 5 were destroyed. They did not disappear. 6 THE WITNESS: Years ago when I attempted 7 to try to make peace with your client sending Bill down 8 to figure this out -- 9 BY MS. WAGNER: 10 Q I don't want to talk about that yet. I 11 do have a couple questions about that. I'm talking 12 about your destroyed records. '-..... . J 13 A We will do a lot better by being social 14 and friendly. 15 Q If I filed my compliant in August of 16 1995, and it was the winter after that in 1995 that the 17 roof collapsed, the records got wet and were destroyed, 18 did anyone ever communicate that to my office to your 19 knowledge? 20 21 A I don't know. Q Okay. When Bill Dempster had a meeting 22 with me in 1996, did he -- did he document that these 23 records were destroyed? 24 A I wasn't with you and Bill at that time. 25 I don't know. -j .--- 1 1 2 3 4 5 6 7 8 9 10 11 12 ..-'" 13 ".,../' 14 15 16 17 18 19 20 21 22 23 24 25 -..J 64 Q Do you if a request for production was served on Mr. Sugars at that meeting in July of 1996, did anybody ever answer that request and say that the records were destroyed? A I don't know. Q Okay. Now, you wanted to tell me about when Bill went to Florida. Do yo~ want to tell me what date that was? A I don't know. Q To the best of your knowledge? A I know he went down. Q Do you have an idea of what year? A No. Before Q Was it before my office sued you or after? A Before. Q And you don't know who he was meeting with there? A No. Q But you could ask him? A Well, you can ask your client who he was supposed to meet with. Q Now, you also mentioned when you were talking about your personnel files and recreating records of -- I'm sorry. Strike that. ,~ 1 2 3 4 5 6 7 8 9 10 11 12 ;-. 13 I I \ . '-.-/ 14 15 16 17 18 19 20 21 22 23 24 25 G 65 You talked about your personnel files and records of addresses of drivers, and you mentioned a person by the name of Officer Bitner. Who is that? A He was the traffic safety officer in Harrisburg. And I was hoping to get a printout. Dominantly at that time we were an intercity cab company, and I was hoping to go and get all the accident reports to see who was all involved. Q And when were you hoping to do that? A Since you and I met in Pittsburgh -- or in Carlisle. Q Okay. So that was since this past fall? A Yes. Q And what did you find out? A He's no longer with the city police. Q And did you say, I think in your testimony, that you thought he had retired? A He -- well, I'm just yeah. I -- he's no longer with the Harrisburg Police. Q But you don't know for sure if he retired? A No, I don't know for sure, no. Q Okay. And why were you going to go to him for accident reports? A Harrisburg Police -- we call Harrisburg 66 . .-.,.-.. n '.,~...:' 1 police for every accident. 2 Q Um-hum. 3 A And they have an incident number. And I 4 was hoping he could go and get into his files. And I 5 would -- it's $15 an accident. And that would support 6 my position with T.H.E. 7 Here's you're saying hypothetical, and 8 I don't want to help you as I'm getting frustrated with 9 this whole thing. 10 Q We'll be done soon. 11 A If you say there's 100 accidents, I owe 12 you $100,000. And I come out and show you eight or ten .--., , , '-.,F 13 accidents with Harrisburg, well, then you can always 14 say, well, Clyde, here's one from Hershey, and here's l5 one from carlisle, which, you know, that would be fair. 16 But I know the majority of accidents took 17 place in Harrisburg. So I would have the accidents, 18 and then I could see what kind of damage. And you and 19 I would be on a fair playing field, you know, a 20 non-prejudice -- it wouldn't I would have an 21 opportunity to support what I'm saying. 22 Q Because you would be replacing the 23 records you lost in the building collapse? 24 A I don't know. Jus t a guide. I would 25 have accidents. And not -- J ') 1 2 3 4 5 6 7 8 9 10 11 12 ,...-"" 13 J 14 15 16 17 18 19 20 21 22 23 24 25 V 67 Q You would have some of the information? A Yeah, some, yes. Q Okay. Is there any reason you can't get those accident reports because Officer Bitner is not there anymore? A Well, it's -- it's not a standard practice to walk into a police station and say I mean, they laugh at you to go back eight years and say, let me have these record. Q Right. But to your knowledge they haven't -- A Well, they haven't volunteered to help. Nobody over there volunteered to go get them. Q I understand that. A Okay. Q And you didn't serve them with a subpoena to go get them yet? A Not yet. Q Okay. And you mentioned during your testimony that you had office staff call around to locate people. Can you tell me who that was and when that was? MR. ANDES: Do you mean who the office staff were? BY MS. WAGNER: o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~J 68 Q Yes. A I don't understand your question, call around. Q Well, I took those notes from -- from your direct testimony that you had office staff call around to locate people like Mr. Kingabee, like Mr. Snyder. Do you know who you -- who helped you do that? A I did some of the calling, Jamie paroda did some of the calling, P-A-R-O-D-A. Q Who's that? A Driver manager. Q okay. And who else? A It could have been Trudy. Q Who's Trudy? A She's a reservation agent. Q okay. A And I get -- I walked in, and I gave them some names and just, call to go get a feel. Like Marion Marino. She left T.H.E., but now she's back. Q Okay. A You know, it's just to find who's who on the playing field. Q Okay. And so you were assisted in doing ,,) 1 2 3 4 5 6 7 8 9 10 11 12 .'~-.... 13 , , .....-/ 14 15 16 17 18 19 20 21 22 23 24 25 J 69 that by Trudy and Jamie? A Yeah, more so, not me. I could have called myself. Q But you're the president? You directed them to do that for you? A I said, just call up and see -- you know, find out. That's how research underwriters said Snyder wanted to come work for him, because he left T.H.E. And you know, the whole thing just gets more confusing as we go along. Q Right. And so when did you have Trudy and Jamie do this? A After o~r meeting in Carlisle. Because Sam said Q Okay. That was since the fall? A Yeah. Q Okay. A Once I got involved in it. Can I -- MS. WAGNER: I don't think I really have any other questions. MR. ANDES: I have a couple questions. MS. WAGNER: Okay. REDIRECT EXAMINATION BY MR. ANDES: Q In 1992 and 1993 how many municipalities 1 1 2 3 4 5 6 7 8 9 10 11 12 ,-\ 13 J 14 15 16 17 18 19 20 21 22 23 24 25 J 70 or -- strike that. How many counties did your cabs operate in? A We -- we covered the entire state because of Conrail. Q You had some kind of a contract with Conrail? A Yes. Q And what was that? A Transporting railroad crews. We went to Virginia Beach, as far as Virginia Beach south, Conway -- no, Youngstown, Ohio, Binghamton, New York, Northern York or mid-state York, and as far as Oak Island, New York City. So cars were allover the state. Q So it would be safe to say that you operated in more than 100 municipalities, counties, boroughs, townships? A Thousands, if you take it into consideration. Q Okay. You mentioned this Officer Bitner. Was he someone who would do you a favor if you asked him to other -- beyond -- above and beyond what the police department would officially do? A Yes, it's -- yes. Q Is there anyone there now who would do that for you now if you asked them? ,~ 1 2 3 4 5 6 7 8 9 10 11 12 - 13 ....) 14 15 16 17 18 19 20 21 22 23 24 25 I -../ 72 Initially we would just call in, and T.H.E. had another company, Allied Specialties, which was really owned by T.H.E. And even their cost of service had gone up because they were trying to charge me for services. Q The information that you have been provided so far by Allied identifies claim numbers, it identifies the name of the person who was injured, and a date of loss and a date of entry, but does it identify your cab or your driver or the location of this -- each incident? A No, it identifies who they wrote -- who they paid. Q Okay. A And then as you can -- well, as you can see, it's not -- it's 1790.10. It's different prices. It's not where -- and you'll see the same date where there's prices five or six times. Q But aside from that, looking at this information that T.H.E. has provided to you in the past when this thing first came up, you're not able to determine where the accident took place or who the driver was? A No. Q Or what incident report may have been ') ....-"") 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .J 73 filed; is that right? A Correct. Q And that's why it's important that you locate the drivers who worked for you at that time to find out about each individual accident? A Correct. Q And now you're not able to do that; is that right? A Right. MR. ANDES: That's all the questions I have. THE WITNESS: Thank you. RECROSS-EXAMINATION BY MS. WAGNER: Q I just have a little bit of recross. Do you know, Clyde, whether you or any of your attorneys have ever served T.H.E. with a request for more thorough information on the claims, T.H.E. or Allied? A Not formally served, but you know, requested. I mean, to fly down there and meet with them, I think that was pretty professional. And then when you get there, oh, we thought you were just coming here to visit. And that's when I finally decided we were I mean, we were leaving. Q Okay. So there was an informal attempt, ''J ~,.. . 1 2 3 4 5 6 7 8 9 10 11 12 ---. 13 J 14 15 16 17 18 19 20 21 22 23 24 25 '-/' 74 but nu formal paperwork was issued to produce those documents; is that correct? A Well, there was really no reason to back then. Q Okay. A We -- we had a cost of business problem. We didn't agree with the policies, the way they were written from one time to the next. Q Um-hum. And how about do you know if there was ongoing correspondence -- I met with Bill personally in 1996. Do you know whether there was ongoing correspondence that he might have asked me for any of this information which was destroyed? A I don't know. Q Okay. Are you aware of the fact that at the meeting there were some of our claims files there, about eight different samples? Did anyone ever tell you that? MR. ANDES: At what meeting? BY MS. WAGNER: Q At the meeting with Attorney Sugars in 1996? A No, I'm not. Because I was hoping for some logic in that we could get this resolved. And as Bill said, he came back -- we still disagree with the n ::) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,J way the files were accumulated. Q Okay. But you -- you do know or you don't know whether there were claim files actually there? A That I don't know. Q Okay. A I know when I met with Snyder in Pittsburgh he agreed with me and wanted to rewrite he wanted to cancel the policy and rewrite it. And I refused. I know that. Q That doesn't apply to -- A It applies to this. Believe it or not it does. Because that's when I said goodbye. Q Okay. But you -- nobody refused to show you the claim files at that meeting? A Where at? Q Or the files weren't even there? A In Pittsburgh? Q Yeah. A Just verbally communicating like you and I are. And once I had Mr. Snyder understand what Mr. Kingabee wrote, and I had the policy with me showing the broker, and the broker read it to him explaining Clyde was correct, Mr. Kingabee then said, well, the policy's cancelled. 75 n , ' 1 2 3 4 5 6 7 8 9 10 11 12 C) 13 14 15 16 17 18 19 20 21 22 23 24 25 'J 76 MR. ANDES: You mean Mr. Snyder? THE WITNESS: Mr. Snyder said the policy's cancelled. And I said, good for you. BY MS. WAGNER: Q That doesn't match what you told me earlier. A Yes, it does. Because I left there and then came home and rewrote the policy. I went under assigned risk. Q Okay. So do you know how this policy was cancelled? Did you get a notice of cancellation? A Bill would have got it, but we left. And I was I was with a new company. Q Okay. So do you think you have the records anywhere of how this policy was cancelled? A No, because then we -- Snyder, in fact Q You did obtain other insurance through the assigned risk pool; is that correct? A Yes. Q Okay. A And I also -- now that you are refreshing my memory, I had dinner with Mr. Snyder in Lancaster. Q And when was that? A Around April of -- and I know why I remember the date. Around April of 1994, after this ') " 1 2 3 4 5 6 7 8 9 10 11 12 ~ , 13 J 14 15 16 17 18 19 20 21 22 23 24 25 -../ 77' happened. Because it was a very uncomfortable meeting. We ran into each other on another deal. And he, at that time, was in the process of leaving T.H.E. Q Okay. A And we met at a bar/restaurant in Lancaster, and I -- Q For social purposes? A He was doing a deal on another business -- he was working with another business, and I was working with another company. Q So it was business, but not related to Harrisburg Taxicab? A Yeah, but unfortunately he was in a bad position, and then he agreed that I got screwed by T.H.E. Q Okay. So I'm going to object to that as being irrelevant. A No, it's factual. Q Well, I'm going to put the objection on -the record. We'll let Judge Oller sort through it later. A Because he actually sat away from me at the table. I remember that now. And even the people came and asked what was -- Q And you don't remember what his first (j -""'-#: 1 2 3 4 5 6 7 8 9 10 11 l2 ~ 13 14 15 16 17 18 19 20 21 22 23 24 25 J 78 name is, right? A I would -- if I knew it -- if I heard it, I would know it. Q Okay. A I want to say Jim Snyder or Bill Snyder. It's a short Q A common name? A Yeah, it's a common name. Q Okay. A I'll be embarrassed if it's not even Snyder now. MS. WAGNER: Sam, thank you. I don't have anymore questions. I don't know if you have anything else. MR. ANDES: No, I don't have anything else. While you're on the phone, I guess we can close the record on this deposition. (Whereupon, the deposition was concluded at 11:23 a.m.) f) .i\.~,.. 1 2 3 4 5 6 7 8 9 10 11 12 0 l3 14 l5 16 17 18 19 20 21 22 23 24 25 ,J COUNTY OF DAUPHIN ss COMMONWEALTH OF PENNSYLVANIA I, Donna E. Richards, a Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania, do hereby certify that the foregoing is the testimony of Clyde Bachert. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said Reporter-Notary Public, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that I am not a relative or employee or attorney or counsel to any of the parties, or a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. I further certify that the said deposition constitutes a true record of the testimony given by the said witness. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of JUIY'~ Donna E. Richards R?R Notary Public Nolana! Seal Donna E Richards, NOI~rv Public HarrtGburq. Dauphin f:C"J"'v My Commission F)t'pltn~ ';lllv :.'2~ .?1t'l" Mtl1iit;i-"~-~;;~ISYIYd'li<l ASSrk.i;;iIJ;~;~1ri~ 79 . '" _._ ,.,,____~_ .&","_."",,';<.^~_.~;~. -d:'-'-'.. . 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1:22 51:7 2:4 3:7 3:K '97141 50141 4:17 26:2 56:10 56:16 5K:24 3:22 4,6 4:11 2K:14 41:K 41:14 46:IK 53:IK 61:10 accounts III 30:25 21:3 21:15 21:18 '98141 500111 10,6 accumulate III 4K:IK 22:9 23:11 23:23 6:10 2K:15 25:15 25:20 27:3 2K:15 36:12 525111 1:15 accumulated III 75:1 27:6 39:20 40:1 '99141 28:15 36:12 55,000 III 20:3 accurate III 22:2 44:20 45:2 45:12 36:13 36:15 555141 7:17 46:K action 141 1:5 5:2 45:20 49:2 49:6 49:IK 61:7 K:12 79:17 50:11 51:9 52:15 -)- 5thlll 40,8 active I~I 4K:6 71:1 56:3 56:15 56:19 activities I~I 43:1 56:24 57:5 57:K 1111 61:19 43:3 57:10 57:13 57:15 1001~1 66:11 70:15 -6- actual 1]1 57:19 5K:1I 5K:14 6:3 15:16 5K:20 59:2 59:15 10:02111 1:14 69111 2,4 24:19 59:21 62;9 63:1 11,50011129:23 Adams III 52,9 63:4 67:23 69:21 11116/98111 42:16 -7- adding III 41:2 69:24 73:10 74:19 11:23111 78:19 73111 2:5 addition J1I 44:2 76:1 78:15 12TH III 1:15 611.'6 60:9 annoycdlll 20:4 1416161 45:13 45:15 -8- address 1114,16 12:15 answeq1125:16 U6 46,K 47:19 49:16 33:21 33,23 35:3 49:2 63:2 64:3 (41.'23 8111 1:14 45:7 45:12 answered III 49:6 17043111 4:IK 80SI~1 13:16 47:2 addresses 1]1 12:19 answers III 79,9 1790.10111 72:16 8:00111 35:11 13:10 65:2 appear II I 42:15 1908111 24:K adjusted I~I 21:11 APPEARANCES III 1983131 4:25 24:10 -9- 54:13 1:17 1984111 24:12 90S141 45.'4 46:25 adjustors III 53:7 APPLEIZII:IK UK 1992111 5:10 5,20 47:10 47:2ll administer III 79:4 appliedll13K:IK 7:9 69;25 71:15 administrative III 24:18 applies 11175: 12 1993161 5,11 5,11 -A- administratoq41 6:2 applYll1 75:11 5,211 7:9 69;25 25,5 25:7 27;1) approvals III 46:22 71:15 a.ml~1 U4 7K:19 advised III A/K/AIII 6,20 April 161 36:11 36:11 1:2 IIUGIIES, ALBRIGIIT, FOLI/. & NATAI.E 7 I 7-540-0220\7 I 7-393-5 101 Index Page 1 archived - common CI.YDE BACHERT Multi-Page '" 36,11 36: 12 76:24 begm III 45:17 I'no 26,2 39:12 chance III 9:5 76,25 behalflll 39:21 39:14 43:15 43:25 change 121 IK.'4 62:21 archi vcd III 13:12 believes III 62:14 44,14 44,19 44:21 changed 121 20,9 area III 14:1 Bcllview III 44,25 45,3 45:5 30:10 JJ.20 45,K 45:10 46,6 arguc PI 22,3 49:3 benefit III 2L1 46:21 47:12 47:12 changcovcr III 56:22 arguing 11149.'4 best 1'1 39:3 46:15 4K:3 4K:13 4K,14 changcs 1'1 12:17 argument III 3:15 64:10 49,9 49:10 49:11 changing III 53:1 arranging III 5:21 bettcr 121 32:7 63:13 59,14 60:14 60:16 charge III 72.'4 60,21 60:21 66:23 asidclll 72,19 betwcen 1)1 3:2 bulldozcfl " 43:7 cheaperlll 40:15 assigncd 111 36:3 5K:3 check 141 25:9 49:23 17:1 busincss 1111 4:15 J7.23 3K:7 3K,19 beyond 121 70:2 I 70:21 50:1 58:23 39:9 76,9 76:IK big III 5,16 10:20 10:21 checking III 46,3 19:19 40:20 46:5 46:13 assistance III )4,23 bike III 44:8 50:13 71:2 74:6 Chip 121 45:1 48:12 assisted III 68:25 BiIIllIl 27:9 27:25 77:8 77:9 77:11 choice 1)1 38:8 38:13 assume III 31:1 27:25 28:1 28:19 businesses III 26:11 3K:13 assumed 121 59:13 30,21 30:22 32:14 26:12 26,14 26:15 city III 14:9 44:4 59,17 32:19 32:20 32:21 26:20 46:22 49:13 49:13 assuming PI 46:23 32:23 32:25 JJ.9 businessman III 34:18 65:15 70:13 71:3 33:10 40:9 40:22 46,24 40:23 41:3 41:10 busy 121 14,9 14:10 CIVIL III 1:5 attcmpt II I 73:25 44:10 51:2 51:3 buy III 22:17 22:19 claim 1)01 5:5 5:9 attempted III 63:6 52,25 57:23 57:23 44:19 6:11 18:21 19:22 attorncy IIZI 5:15 57:25 57:25 58:2 buying III 23:3 20:1 20:21 21:11 5:IK 6:12 27:7 58:21 63:7 63:21 21:13 21:13 29:18 27:10 34,6 36:19 63:24 64:7 74:10 -C- 29:24 30:1 30:16 40:12 51:K 74,21 74:25 76:12 7K:5 30:20 30:23 31:13 79:14 79:15 Binghamton I" 70:11 CIII 4:14 31:18 38:5 49:21 52:18 52:18 53:5 attorncys 121 24:5 bit IZI 22:23 73:15 cab III 14:5 65:6 53:5 53:8 54:22 73:16 Bitner III 11:11 65:3 72:10 62:13 72:7 75:3 audits III 58.'4 67:4 70:19 71:2 cabinets 121 10:1 75:15 August 1)1 5:K 62:2 blue III 41:24 61:2 claims III 7: 11 19:16 63:15 boat 121 43,6 44:8 cabs 141 11:17 12:11 21:11 21:16 30:15 authorizcd II I 79.'4 Boca 1)1 38:1 70:1 52:23 73:18 74:16 1S,8 15:9 automobile III 7:10 15:10 Camp 121 57:6 58:22 clarify 121 37: 17 44:18 available 121 6:23 bonds III 24:4 cancel III 75:9 clcaned 121 9:15 20,19 book 121 33:24 33:24 cancellation III 76:11 9:16 aware 141 5:12 71:3 boroughs III 70:16 cancellcd III 38:5 clcaflll 53:15 71:24 74:15 75:25 76:3 76:11 clcarIY!1152:22 bought 1211 7:12 76:15 away 111 9:18 15:11 15:12 16:17 18:5 client 1)1 32:10 63:7 30:13 37:6 40:16 22:18 25:1 35:15 eafl41 7:21 10:11 64:21 44:5 77,22 39:11 44:1 44:21 10:13 48:14 clients III 32:11 44:25 45:3 45:5 carbon III 42:16 close 121 61:20 78:16 -8- 46:23 46:24 46:25 care 141 20:7 25:11 Clyde(I'1 1:10 2:3 47:3 47:4 47:4 27:10 52:16 Bachert 1141 1:10 47:10 48:13 3:12 4:8 4:14 2,3 3:12 4:8 career III 10:20 12:1 42:2 42:8 4:14 4:15 21:5 boxed III 61:21 Carlisle III 65:11 42:17 46:12 50:25 21:12 22:7 22:12 Brandt III 23:5 23:5 66:15 69:13 59:24 66:14 73:16 25:21 33:8 5K:23 23:7 cars 1)1 IK:IO 53:19 75:24 79:6 79,6 brief 121 41:24 58:22 70:13 coast 1'1 35:22 badl)1 21,2 50:15 briefly III 59:8 case III 3:17 5:15 collapse 111 39:14 nl3 bring 121 28,2 40:11 6:16 6:IK 6:19 43:14 59:14 60:10 Baggage 141 1:8 broker110115:19 16:7 21:11 50:25 51:5 61:23 62:1 66:23 3,9 4,20 5:2 17:2 17:22 17:24 CathYll1 57:24 collapsed 1121 7:2 balance II I 55:1 36:22 37:1 37:24 caught III 16,8 9:1 13:22 43:25 bankrupt III 55:22 75,23 75:23 ceased III 27:22 45:10 47:11 47:12 47,12 48:3 48:15 bankruptcy III 55:24 brokers 1411 5, 17 16:9 certain III 62:14 49:10 63:17 bar/restaurant III n5 16:11 36:20 Certainly III 20:22 collision III brought III 71:16 basis III 10:11 46:2 certificates III 24,K collisions 1)1 7:10 battlc 121 21)'K 20:12 building 1461 7:1 certification 121 3:4 1),4 ILlK 7:14 7:16 7:IK Beach 121 71UO 70:10 7,22 7:24 K:I 3:25 comfortable III 25:2 became III 16:8 24:13 8,25 9:3 9,6 Certified III 57,16 coming IZI 32: 12 73:22 71.'24 9:K 9,9 9:11 certify 141 795 79,7 comments III 50:11 began PI 374 47:25 9,17 9:19 1),22 79,1) 79,18 common 141 LI Index Page 2 'J HUGHES, ALBRIGIIT, FOLT.l & NATALE 717-540-0220\717-393-5101 18:18 78,7 78,8 corporate 131 44:12 deal I'I 5,1 17, I (.8,5 Commonwealthl113L7 58: 18 23,2 3U 42:20 directed III 694 79,2 79:5 corporation III 58:15 45:22 77.'2 77:8 direction III 79:11 communicate III 6118 correct 1"1 3,20 dealer(11 43:6 directly III 79,16 communicating III 75,20 3,21 22,6 22:14 dealership III 7:21 companies 131 8,11 22:15 25:5 27:11 dealing 14128: 14 38,25 directory III 34.'23 20,14 28:13 28,20 28:23 40,H 5U disagree III 74:25 29:13 32:H 38,21 dealt 141 16,23 17:5 disappear III 63:5 company 1111 1,8 41:16 4K,20 49,25 disappeared (II 3: III 3:12 4:20 53:16 53:23 57:20 17,6 17:11 62:6 4:22 5:3 S:IK 61,S 62:7 73:2 dearlll 45;9 62: III 62:16 5:20 5:22 5:25 73:6 74:2 75:24 decided III 73:23 discovered III 60:4 6:15 7:13 1ll:7 76:IK deductible 1'1 21:20 discrepancies III 19:16 14,15 14:16 14:23 correspondence 1'1 39:16 29:25 54:22 discussed 131 6:IK 22:13 22:16 23:19 24:8 29:13 53,6 74: III 74,12 deductibles 1111 21:11 52:14 56:16 56:IK 56:20 cost 141 40:20 54:17 21:14 21:17 30:1 disliked J2I 37:23 5K:5 65:7 71:22 72,3 74,6 30,9 30:14 30:17 38:4 72:2 76:13 77:10 counsel 161 3:3 30:20 30,H 31:13 dispatcher III 71:IK complaint 191 3:24 27:6 41:14 42:23 31:18 3K,6 3K:11 dispute III 21:20 5:7 5:14 27:9 79,14 79:16 52:18 52:23 53:5 disputes III 7:11 32:5 52:12 62:1 counter 13139: 18 53:20 4('K divorce 11150:17 55:7 62:3 62:6 counterpart III defendlsl 5:15 6:19 compliant III 16,5 IK:21 20:20 21:13 55:19 55:22 56,6 63:15 counties 121 70:1 Defendant 141 56:13 57:24 60:9 computer II I 11:10 70:15 1,9 document 131 51:1K 1:11 1:23 3,9 Computers III 10:1 Country III 36:8 defense 131 63:22 concluded III 78:IH County 1'1 1:3 52:9 6:16 documentation III 62:12 6:17 condition III 9;12 79:1 demolished 131 9:10 documents 141 24:1 conference III 44:16 couple (II 59:5 63:11 9:11 24:3 24:7 74:2 confirm I" IH:8 69:21 Dempsterllsl 6:5 docsn't11150:22 75:11 62:12 62:IH course III 61:19 6,6 6:12 27:10 76:5 confusing 151 15:15 court 111 1:1 27:1 27:20 28:13 28:19 dollars 111 21:21 21:22 16:3 22:H 30:11 33:2 31:H 33:10 34:12 58:6 69:9 court'sll13:13 34:25 35:20 35:25 Dominantly III 65:6 confusion 131 17:15 coverage III 16:18 44:11 63:21 done I'I 9:17 9:19 19:4 covered III 70:3 Dempsterslll 35:15 42:9 51:11 51:24 Conrail (l15H:1 70:4 crews III 70,9 department 141 15:16 59:3 61:23 66:10 70:6 eritiealll121:H IH:24 70:22 71:4 Donna 111 1:12 79:3 consideration III 70:18 departments III 11:7 79:24 constant III 19;3 CROSS III 2:2 deposition 111 1:10 door 131 34:8 35:12 constitutes III 79:19 CROSS-EXAMINATION 3:11 62:17 78:17 double-wide III 46:3 III 22:10 78:IH 79,H 79:18 dOWDI311 9:21 construction III 60,8 14:19 contact 111 12:23 CUMBERLAND III describe 111 7:20 15:6 23:17 29:IH 13:3 1:2 8:22 10:16 29:20 32:9 32:15 36:3 curious 11120,13 contacted 131 described III H:17 32:16 32:23 34:22 6:12 current 131 12:21 29,11 designed III 47:H 48:5 4H:H 34:23 custody III 60:14 50,H 54:24 55:2 39;4 desk III contention 131 21:19 10:1 63:7 64:11 73:20 49:19 customer II I 24:21 destroyed 1101 9:13 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14:19 12,K 12:1ll 12,21 12:H 13:8 13,24 39:H 4214 days III 9: 14 direct 1'1 2:2 4,1ll 13:25 14.'3 14,4 1 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page '" Commonwealth - drivers CLYDE BACHERT Index Page 3 driving - hate CLYDE BACHERT Multi-Page'" 14: 12 18,2U 19,2U ex-wifelll 5lU7 findlOg II I 1 U3 gentleman 1'1 14:17 21:8 21:13 21:23 exact III 19"9 fine 121 22:9 42,h Ih,4 2),7 22,1 31:h 65,2 EXAMINATION 121 fire III 47:13 George 141 7:17 46:S 734 4:10 h9:23 finnlll 34,7 49:IS 61:s driving III 1 U7 Excellent II I 35:24 firstl"l 6:12 7,h girlfriends III 55,2U duelll 5,9 except 121 3:5 4:1 S:3 14:20 15:24 given III 79:19 dulYl21 4:9 79:S excessive 121 7:2 15,25 16:17 Ih:25 glad III 62:21 duplicate III 29:10 S"5 17,19 IS,16 27,s God 121 47:13 56:12 duplicates III 29,12 existl21 19,10 19:12 2s,1O 50,17 55:10 goes 121 24,S 53:6 during 141 S,14 s:17 existence III 72:21 77:25 59:25 five I"I gone I"I 9:24 10:2 56:13 67:19 exists III 13:19 23,4 39:10 55:5 59:11 29:21 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signcd CLYDE BACHERT Multi-Pagc ". 3.10 52: II 75,23 relations (II 24,21 result(11 '1:22 43,5 51.'22 reading 121)) 3:24 relationship 121 17:K retire III HUK scary(11 9:4 ready III 46 27:14 retired (41 1 "K 11:12 Scranton III 57:1 real 141 17:17 43.'5 relativc 121 7'1:1) 65,17 65,21 screwed III 77:14 53,2 55:9 79:15 revicw 121 25: 10 40:10 scaling 1113,4 realized III 58:9 releascll131:1O revicwcd III 15:13 scasonallll 14:K really 1171 ILl9 IK:20 relevancy III 21:7 revicwinglll 5,6 sccond (61 5: II K:3 IK,22 IK:24 19:21 remain III 6:IK 5,23 59:18 8:4 15:25 40.'4 20:4 21 :12 23:22 remaining III 59,12 rewritc (21 75:K 75:9 59,6 37:10 41:23 48:19 remark(1I 17:16 rewrotc 11176:8 secretary 121 29:2 51,7 56:17 58:18 69,19 72:3 74:3 remembcrllll 8,8 Richards (11 1:12 29:3 reason (11 25:12 67:3 11:23 40,5 40:6 79:3 79:24 scction (21 7:25 60:15 74:3 41:10 41:18 41:19 right (151 8:5 9:16 secured (II 19:24 receipt (II 19:25 45:2 56,5 56:19 10:5 10:6 16:12 sccurity (11 1:1 76:25 77:23 77:25 17:14 23:20 24:11 5:3 34:20 receivc (21 30: 16 41:9 ren(11 45:19 31:4 32:15 32:18 receivcd 141 30:19 renovatc (II 33:4 33:11 35:19 see 1171 8:19 13:3 46:21 13.'4 15:7 18,9 32:4 41:13 41:24 renovated (11 44:7 36:18 40:25 41:6 26:5 34:24 42:12 receiving (II 41:8 45:19 46:20 42:25 42:25 43:16 44:14 51:3 58:24 recently (41 34:5 renovations III 4K:19 49:1 49:17 59:12 65,8 66:18 49:11 51:24 51:25 52:3 35:3 35,9 36:4 rent (11 10:11 10:12 52:6 53:8 67:10 69:6 72:16 72:17 receptionist (21 29:1 10:1) 69:11 71:9 73:1 seeing (II 9:9 29:2 rental III 12,16 73:K 73:9 78:1 seeking 1115:8 recollection 121 41:13 repeatedly (II 63:2 risk (61 37:23 38:8 selling JlI 18: 10 34:3 46,15 3K:19 39:9 76:9 46:5 recommendcdl21 40:11 rephrasc III 59:21 76:IK send (21 25:11 29:12 57,2 replaced (II 28:13 river (21 16:12 47:8 sending (II 63:7 record (101 3:14 4:13 replacing (II 66:22 Ron 151 37:1 37:2 scnt 151 29:7 39:17 43:1 43:3 54:8 report (11 71:10 71:17 37:18 38:2 39,6 39:20 51:6 51:17 67:9 71:21 77:20 72:25 roof (11 8:23 9:1 78:17 79:19 reported (II separate (II 37:21 30:11 1):22 46:20 48:2 records 1601 7:2 reporter(ll 27:1 48:3 63:17 scrial(\) 35:18 7:7 7:7 7,9 33:2 79:12 room (I' 44:16 scrve(11 67:16 7:10 7:14 7:23 Rcporter-Notary III routinC(1113:14 served (41 27:K 64:2 9:6 9:12 9:23 79:10 73:17 73:19 12:19 13:21 19:10 routinely (II 10:17 scrvice (11 37:23 38:4 19:12 21:25 22:1 reports (11 65:8 65:24 RPR(21 67:4 1:12 79:24 72:4 25,9 28:12 29:7 29:10 29:11 3<;:5 represent (61 3:9 run 121 21:8 23:12 services (II 72:5 39:8 39:13 41:21 6:16 38:16 38:17 running (11 23:18 set 141 21:21 21:22 43:14 43:21 43:21 41:15 56:5 23:20 23:21 46:4 79:21 44:10 44:12 44:19 representation 121 41:22 runs (11 20:3 20:8 settled (11 23:22 29:22 44:24 45:18 46:7 50:14 38:11 29:12 30:3 53:7 47:23 47:25 48:9 representative 121 14:15 54,,4 60:8 48:16 49:19 55:4 58:18 59:10 59:11 17:2 -S- settlement III 39:18 59:12 59:19 59:25 represcntcd (11 14:22 safcl21 60:21 70:14 seven (61 11:21 27:25 60:1 60:10 60:12 50:17 58:15 safety (21 11:12 65:4 28:24 31:18 46:5 61:4 62,6 62:24 request (11 64:1 64:3 sales (51 54:19 63:12 63:17 63:23 73:17 15:16 16:10 several (II 22:24 18:23 24:20 60:19 64,4 64:25 65:2 requestcd III 73:20 Sam (221 severe (II 7:4 66:23 76:15 5,6 21:6 required III 21:12 23:1 25:13 33:14 Sheraton III 58:11 recovcr III 5,8 rescarch (21 18,1 42:11 42:12 42:19 shore III 14:8 recreating (II 64:24 69:7 43:5 45:1 47:3 short III 78:6 recross (21 2:2 73:15 researching III 37:25 48:16 50:16 50:16 shortcn 11131: 14 RECROSS-EXAMINATION rescrvation III 68:17 51:3 52:2 52:4 Shortly (1146: I (II 73:13 rescrvcd (II 52:16 56:5 56:18 3,6 6'1:14 78:12 showls( 3"8 39:24 REDIRECT (21 2:2 6'1:23 resolvcI2132,1O 32:17 Sam's (21 50:19 50:20 53:20 66,12 75:14 reduced III 79:11 resolvcd (II 74:24 samplcslIl 74:17 showed 11120:3 refreshing III 76:21 respcctive III 3:3 Samuel JlII:21 1:22 showing 121 35:11 respond (21 31:20 3,K 75:22 refurbish III 54:25 51:9 sat I\) shufners III 43:11 refuscd 12175: 10 75,14 77:22 respOnSC(1I 6:13 satisfactory III sign III 3L10 regarding II I 36,21 4,4 related III 7711 responsibilities III 24,16 says 141 .P:'" 42:4 signcd III 3'1,23 Index Page 8 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 ,- Multi-Page'''' significantly - trees CL YDE BAClIIlRT ') slgmf.cantly 111 42,5 standard IJI 11I:14 SUCifIlI 64,14 47,13 59,1 nl2 signing 1213:4 3:24 b7,b Sugar'slll 27.'23 7K,12 sitl'l 19,14 23:17 start 161 3:7 1 LI3 Sugarslll15,19 27: III Thanks 11125,23 29,IK )2,lb 57:3 2Lb 44:19 4S,23 27:14 4lU2 41U2 Thanksgiving 1'1 4b,IK silling 1'1 24,23 4K,5 50:13 41U2 42,lb 51:5 their'slll 7LI3 4K:K stllrtedl1l IK:7 21U3 51:14 5LI5 51:IK they've 111 55,13 six 161 2K:25 29,b 37:25 64,2 74:21 1lI:IK 2K:24 44:23 7LI Sugars' 121 thinking III 35:17 31:17 4b.'4 52:5 41:21 72:IH state 111 4,12 31:7 42:14 thorough III 73:IK small 1'1 21:7 27:15 34:b 34:19 3K:19 summer(21 14:10 thought 1111 27:24 35:21 70:3 70,13 62,5 )2,11 42:2 51:10 smaller(115K:5 statement III 3:K supplement III 3:14 51:10 51:12 51:21 station III b7:7 51:23 51:24 55:22 Smith III IH:IH support 1'1 3:15 5b:23 b5:17 73:22 snowl'l 47:14 status 111 2K:2 M:5 M,21 Thousands III 70:17 Snyder(211 16.'4 stay 1101 10:17 HUK supposed III 64:22 three 1111 11:24 13:13 17:5 17:12 17:15 10:21 10:22 10:22 supposedly 121 32:13 13:IK 26:24 36,5 17:20 17:21 IH:15 13:25 14:1 14:3 32:14 37:11 47:7 55:7 IK:IH 3H:12 3K:25 49:13 49:14 survive III 58,9 55:15 62:2 b2,4 6K:7 69:7 75:7 stayed 111 14:19 Susquehanna III 16:12 through 1201 9:K 75:21 76:1 76:2 stenographerlll 3:25 swearlll 4:7 16:25 27:19 29,17 76:16 76:22 7H:5 stenographically III 34,IK 3K:19 4H,6 7K,5 7H:11 79:9 sworn 121 4,9 79:H 4H,H 53:6 55:6 Snyder's 1'1 17:19 step III 7:5 55:6 55:19 55:19 17:23 IH:17 stepping III 1lI:20 -T- 55:21 59:11 59:24 soaking(11 9:13 still III T-Il-()-lI-TIII 27:3 bO:1I 61:19 76:17 6:6 12:5 77:20 social 1'1 34:20 63:13 24:3 29:21 30:13 T.H.BIJlI 1:2 5:4 77:7 36:10 47:2 74:25 15:2 16:10 17:6 throughoutll( 50:12 sold 141 14:15 33:16 stipulated III 3:2 17:7 17:7 17:17 Tiffany 191 25:H 33:IH 33:25 STIPlILATI()N 1113:1 17:IH IH:24 20:4 25:17 26:5 2H:5 solel'l 24:13 20:14 211:23 29:5 2H:12 2H:25 29:1 stipulations III 3:23 30:9 37:19 37:24 29:3 44:11 someone 17' 5:25 stock 111 24:7 3H:16 53:2 54:25 Tiffany's 121 25:H 22:17 22:IH 39:21 4H:17 4H:24 70:20 stocks III 24:4 M:b bK:21 b9:H 25:25 somewhat 121 stone III 10:20 71:24 72:2 72:3 times 14' 12,9 36:2 5:4 72:20 73:17 73:IH 53:IH 72:IH 7:6 stopped III 35:11 77:3 77:15 today 111 somewhere 111 14:H storage 1'1 60:15 T.H.B.1I1 17:5 17:23 23:6 24:23 29:14 4H:24 soon III 66: III store 121 36,H 47:22 table 121 17:16 77:23 53:19 53:21 sorry 1111 3:19 19:2 stored 1'1 9:7 43:IH tables III 44:15 together 141 6:21 19:11 23:24 26:13 43:19 44:10 44:12 taking III 79:7 2H:1 31:19 32:17 2H,9 2H:1O 29:2 stories 111 H: I 33:1 35:7 42:13 taxlll 60:19 tons III 13:16 45:15 47:16 55:20 storing 141 44: 19 44:24 taxi 161 16:5 16:13 toolll 17:16 57:7 61:14 62:3 45:17 47:25 16:14 26:10 26:23 took 191 20:H 22:25 64:25 stonnlll 7:3 43:20 23:IH 27:10 31:H sortlll 77:20 story III H:2 Taxicab 111 1:7 46:20 66:16 bH:4 sound III 42:211 straight II I 47:H 3,9 4:20 5:2 72:22 south 1'1 7:17 46:H street 11"1 1:15 4:17 6:7 H),4 77:12 tom 121 9:21 50:H 49:IH 61:7 70:10 7:17 26:3 45:13 telephone 121 1:19 touehlll 33:10 spaeelll 47:6 4b:K 46:9 4b:17 3,19 town 16' 15:6 27:15 47:H 47:20 4H:9 telling III 62:2 35:10 35:22 36:10 speak III 34:11 49:IH 56:2 59:10 4H:14 speakerphone III 17:11 60,22 611:23 bl:H ten 111 66,12 Specialties 111 bl:IO tennlll 59,17 townshipslll 70:16 72:2 tenninate III track 121 34:22 71:25 specifically 121 51U3 strike 1'1 5,21 12:11 41:23 52,11 20:IH 64:25 70:1 tenninated 141 Ib:2 traffic 1'1 11:12 b5,4 speed 121 strong III 4H,3 17:7 17:H 41:21 71:2 2H:3 40:11 trailerlll 46:3 spell III 27:1 stuff I"I 25:12 29:11 tennsl21 21:2 59:10 spring 121 3b:7 36:16 30:25 46,22 4H:IH terrible III 56:9 trailers 11146:2 SSIII 60,S 61U7 bl:3 testified 111 4,9 transactions III 50:13 79:1 stuff's III 4H,21 testify 111 21U9 transition III 2H:3 stacked 11161:1 submitl'l 54,lb testimony 191 IH:19 transportation III 10:19 staff 111 Ib:9 IK,H subpocnalll 67:16 21UH 21:23 46,7 Transporting III 70:9 4119 4lUO 67.20 b7:24 bK:5 subsequently 111 41:3 65:17 67:211 bK:5 travel 121 14,3 14:4 stampcdlll suehlll 79:15 79:b 79:19 trees III 43,7 42,lb thank 161 27:b 36,IK --- HUGHES, ALBIlIGHT, F()L'l1: & NATALE 717-540-0220\717-393-5101 Index Page 9 trial - Youngstown CLYDE BACHERT Multi-Page 1>1 trial,,! 3,b 4,3 usuall'l 3,23 23:14 23,24 25:18 tricdlll II,b 25:23 45:4 45:13 Trout PI 2b,24 55:12 -V- 45:22 49:4 56:4 56:21 56:25 57:6 5b:20 VIII 1:5 57:9 57:12 57:14 Trudy 141 68:15 68:16 verbally III 75:20 57:21 58:12 59:3 69,1 69,11 63:6 73:12 76:2 trucPI 19:9 51:13 Virginia IZI 70:10 79,8 79:20 79:21 70:10 79:19 visit(]1 woman 1'1 28:3 53:2 15:6 32:12 truthfully III 62:11 73:23 Woodside III 24:5 try 141 20:24 32:17 volunteered 1'1 67:12 word 1'1 62:10 62:16 58:24 63:7 67:13 62:21 62:24 63:1 trying 141 42,25 43:13 vulnerable III 38:12 worked )7111 : 17 11:17 58:18 72:4 20:23 27:25 30:22 turned III 20:2 -w- 34:6 73:4 turnover 1'1 10:17 worse III 20:11 53,3 Wagner 14'1 1:19 worth 121 7:3 49:11 two 1'1 5,9 8:2 2:5 3:18 3:19 written 12138:15 74:8 11:24 16,9 16:9 3:21 4:5 19:15 16:11 37:19 44:20 20:24 21:5 21:16 wrong III 43:2 47:7 22:6 22:11 22:20 wrote 161 14:21 20:15 type 1'1 6,1 7:18 22:21 23:25 25:24 20:15 49:23 72:12 27:5 31:14 33:5 75:22 10:21 25:1 71:16 33:7 39:22 40:3 typewriting III 79:11 40:7 44:22 45:6 -x- typieallll 30:24 45:14 45:24 49:7 typographical 1'1 20:5 52:22 56:7 56:17 XIII 60:12 20:6 57:18 58:16 59:1 59:4 59:20 59:23 -y- -U- 62:20 62:23 63:3 63:9 67:25 69:19 year 1"1 5:10 12:17 urn-hum 1101 14:13 69:22 73:14 74:20 12:18 13:13 22:25 19,5 28:11 36:9 76:4 78:12 23:18 37:9 39:1 43:17 55:23 59:2 waive III 3:24 39:7 46:21 50:2 59:7 66:2 74:9 waived 1'1 3:5 4:3 61:12 61:16 61:18 61:20 64:12 uncomfortable III 77:1 walk III 67:7 yearly III undcr 171 5,9 6:1 walked III (J8:19 55:21 37:22 46:20 48:2 walls 1'1 9:2 years 1111 10:18 11:21 76,8 79:11 9:1 11:22 13:14 13:18 understand 1'21 18:10 wants 141 25:21 38:16 13:20 20:11 26:24 18:20 21:15 21:18 58:14 61:22 28:1 30:12 37:5 21:20 52:17 52:20 warehouse 141 7:19 52:22 55:7 55:15 52,21 52:25 53:4 44:6 47:5 47:7 57:25 63:6 67:8 53,9 53:10 53:11 water 141 8:6 8:25 yet 1]1 63:10 67:17 53:16 53:20 53:22 8:25 47:14 67:18 54:2 54:16 59:19 weatherlll 7:4 York 1141 7:13 14:1 67:14 68:2 75:21 wcstll! 16:13 39:11 39:12 45:22 underwriters 121 18:1 46:1 46:6 46:8 69:7 wet 121 9:13 63:17 47:12 52:9 70:11 unfortunately 131 7:1 WHEREOF(II 79:21 70:12 70:12 70:13 39:23 77: I 3 whole 141 9:8 20:9 young III 57:4 unit III 46:3 66:9 69,9 Youngstown III 70:11 up 1241 9:15 9:16 wife 1]1 34:2 34:5 17:20 28:2 30:13 58:3 35:11 37:16 37:22 wife's 1'1 48:14 38:2 38:17 40:11 WilliamlZl 6:5 41:2 43:4 43:6 6,6 46:4 46,5 47:4 winter 141 8:24 14,9 48:24 51:3 56:22 62:4 63:16 62:17 69:6 72:4 within 1'1 79:4 72:21 upgradclIl 12:18 without 1111 11:8 11:9 11:9 18:19 uscd 111 U8 33:17 19:19 20:17 30:4 33:19 37,18 54:25 46:13 48:5 48,7 62:10 63:2 71:9 using '41 27,22 37:4 witness 1211 2,1 37,1) 50:14 3,23 4,7 4,8 I ndex Page 10 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 r--, .. \ -' SHERIFF'S RETURN - REGULAR CASE NO: 1995-04660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLIED SECURITY INSURANCE INC VS. HARRISBURG TAXICAB & BAGGAGE TIMOTHY REITZ CUMBERLAND County, Pennsylvania, who to law, says. the within COMPLAINT upon HARRISBURG TAXICAB AND BAGGAGE COMPANY defendant, at 1159:00 HOURS. on the 6th day of September 1995 at 50 MARKET STREET LEMOYNE, PA 17043 . Sheriff or Deputy Sheriff of being duly sworn according was served the ,CUMBERLAND County, Pennsylvania, by handing to WILLIAM DEMYSTER, ADMINISTRATOR a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. . Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.96 .00 2.00 528.96 So answer~~~ R. Thomas K11ne, Sher1ff APPLE AND APPLE ~ "__ og,W 1995 ~, ;1'~~ by if /~//--. Dep y Sher Sworn and subscribed to before me this wlS''e:' day of .iIL...../...-- 19 ~'5 A. D. n ~ Q. /1.,./:'. . . ~ ~r~t~onotat~ .-. '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E. INSURANCE NO. 1006-4660 IN CIVIL ACTION -va- I'lainIiJJ(a) HARRISBURG TAXICAB AND BAGGAGE COMPANY Defendant(a) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff's attorneys, Apple and Apple, P.C, and moves this Honorable Court to make absolute the Rule entered in this case on February 3, 2000, averring as follows: 1. That your Petitioners were engaged as counsel for Plaintiff and on September 1, 1995 commenced the instant action against Defendant, Plaintiff's Insured, for recovery of certain claim deductibles incurred by Defendant pursuant to the policies of insurance issued by Plaintiff to the Defendant. 2. That chronic dilliculties in communicating with Plaintiff and other circumstances have severely compromised your Petitioner's ability to deliver legal services, prepare for trial and provide appropriate legal representation to Plaintiff. 3. That your Petitioner presented a Petition to Withdraw Appearance-Rule to Show Cause to this Honorable Court. 2 4. On February 3, 2000, a Rule was entered directing the Defendant to respond to counsel's Petition to Withdraw Appearance within twenty (20) days. 5. The Rule issued by the Court was made returnable within twenty (20) days of service. 6. Petitioners served the Rule on or about February 25,2000 and filed an Affidavit of Service with the Court on March 1,2000. 7. Plaintiff hns been apprised of the R,lIe Returnable date and no response hns been received. 8. By letter dated March 1, 2000, Defendant through counsel, has advised Petitioner and this Honorable Court that they will not oppose Petitioner's Motion to Withdraw Appearance. WHEREFORE, Plaintiff prays that an Order of Court be issued, making absolute the Rule issued by the Court on February 3, 2000, and that leave be granted to Plaintiff's Counsel, Apple and Apple, P.C. to withdraw theirs appearance as counsel of record for Plaintiff in this action. Respectfully Submitted, APPLE AND APPLE, p.e. Dated: 1~ 3 . ._,'-". VERIFICATION The undersigned counsel of record for Plaintiff herein, verifies that the statements of fact contained in the foregoing document are true and correct to the best of his/her knowledge, information and belief. The within verification is made by counsel and not by Plaintiff. Counsel, and not Plaintiff, possesses first-hand knowledge of the facts contained in the foregoing document. I understand that false statements herein are made subject to the penalties of 18 Po.. C.S.A. ~4904, relating to unsworn falsification to authorities. APPLE AND APPLE, p.e. Dated: ~~ / '- Cl r= c- C" -: 7 , ~~"-~ " f'':: ~''''. , }o', ".. '- .' , .-. - ,-' .-=, ,,") ');.~ , .. . ,- r_~ 'iiCJ - . ....;.J{.l.. .... > OJ 'j C. c:.) U -.''". . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ALLIED SECURITY INSURANCE, INC. a/k/a T.H.E. INSURANCE 19911-4660 IN CIVIL ACTION -11'- PlaintiJ1(.) HARRISBURG TAXICAB and BAGGAGE COMPANY Defendant(8) AFFIDAVIT OF SERVICE IlY..F.ffiST CLASS MAIL I, Marylouise Wagner, Esquire hereby Certify that I am this date serving true and correct copy of the Rule to Show Cause issued in the above-captioned proceeding by Judge OIer on February 3, 2000, by First Class Mail, postage prepaid, and addressed to the Plaintiff and Defendant and third parties as follows: Allied Specialty Insurance ATTN: Jim Sutak 10451 Gulf Boulevard Treasure Island FL 33706 Samuel L. Andes, Esquire 525 N. 12th Street Lemoyne, PA 17043 Ron Colcman and Associates, Ltd. ATTN: John S. Ramscy P.O. Box 35002 Richmond, VA 23235-9313 I verify that the statements containcd in the foregoing Affidavit are truc and correct. I understand that falsc statemcnts hercin arc madc subjcct to thc pcnalties of 18 Pa. C.S. fi4904, rclating to unsworn falsification to au horities. ~lU( ~tt~e }rQ AFFIANT Apple and Apple, P.C. 4650 Baum Blvd. Pittsburgh, PA 15213 (412) 682-1466 1--"2.S-0b DATE ~ r- ~ .:3 (5 .. 5~ - ~6 ::c 0~ ~i!: c.. 9~ q - c... I ~z u. I:.. tI:l" c: 'B~ .r oa: F ::c ~ ~ 0 0