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6 FILED: BROWARD COUNTY. FL Howard C. Forman, CLERK 11/24/2014 9:56:11 AM.****
CASE NO.: 12-35355-03
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
HUBERT NOCENTO CASE NO.: 12-35355-03
DIVISION: CIVIL
Plaintiff, BREACH OF CONTRACT
vs. JURY TRIAL DEMANDED
ALLSTATE PROPERTY AND
CASUALTY INSURANCE COMPANY
Defendant(s).
MOTION TO LIFT STAY AND ORDER FOR PARTIAL SUMMARY JUDGMENT
COMES NOW PLAINTIFF, HUBERT NOCENTO, PRO-SE, in the above style captioned cause and moves
this court pursuant to F.R.O.C.P, Rule 56 C (d)(2), Moore’s Federal Practice: 56.91- [1](3d)ed,2013 for
Partial Summary Judgment and Motion to Lift Stay. Plaintitt does not request oral arguments.
(1) On December 21, 2012, Plaintiff filed suit for Breach of Contract for Defendant's Failure to
Satisfy Claim Settlement according to Florida Statute 319.30.
(2) On March 05, 2013 Defendant filed a Motion to Dismiss and/or Compel Appraisal. See Exhibit
(1P).
(3) On April 01, 2013 Plaintiff filed for Default Entry, which was Unopposed. Florida Rules of Civil
Procedures, Rule 1.140 (c). See Exhibit (2P).
(4) On January 09, 2014 this court entered an Order Granting Detendant’s Motion to Compel.
(5) On February 07, 2014, Plaintiff filed Motion in response to the May 20, 2014 order. See Exhibit
(3P).CASE NU.: 1Z-353555-03
(6) On Aprif 28, 2014 Plaintitf complied with the Court Order and forwarded copies to Defendant via
certified mail. See Exhibit Attached (4) (P).
(7) On November 03, 2014 Defendant’s Motion Claimed Plaintiff failed to comply with appraisal
process, which in fact is a “de nova” Issue. Defendant failed to pay the claim in the amount of
$21,496.08 and Breached the Contract.
WHEREAS, grounds for entry of Rule 56 C is based on affirmative defenses of “ordinary course”
of payment and contemporaneous exchange for new value.
WHEREAS, this Court and Defendant received filed copies of the requested response for
appraisal Order Compelling Plaintiff to Comply. See Exhibit (4P).
WHEREAS, the vehicle’s value was not an issue, only the settlement claim amount which was
established and never paid. :
WHEREFORE, Plaintiff seeks relief for Partial Summary Judgment in the amount of $325,709.59,
and Asks that the Stay be Lifted in this action, Ordering Defendant to Pay Plaintiff, setting all other
Triable issues for Jury Trial.
ited on this 24" day of Noyember, 2014.
fubert Nocento, PI , Pro-Se
215 NW 60" Avenue
Margate, Florida 33063-5170
Phone: (954) 260-7062
Respectfully Subj
EnclosureCASE NO.: 12-35355-03
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy ot the toregoing MOTION TO LIFT STAY AND ORDER FOR
PARTIAL SUMMARY JUDGMENT has been submitted via US Certified Mail: #
7014 O50 000) 2628 679 (Returned Receipt Requested) to Allstate Property and
Casualty Insurance Company, or to Attorney for Defendant(s), Yasser R. Kader, Law Offices of
Holly W. Carroll, 110 SE eh Street, Suite 1800, Fort Lauderdale, Florida 33301-5015, Attorney
Direct Phone (954)-767-1394/Fax (954) 774-5473/Phone (954) 760-4878 on this 24°" day of
November, 2014.
Hubert Nocento, Pro Se, Plaintiff
215 NW 60" Avenue
Margate, Florida 33063-5170
Phone: (954) 260.7062IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ATRUE COPY
APR 28 2014
CIVIL DIVISION noWaRD c ronmay
‘CLERK OF THE CiRcUIT
BROWARD COUNTY, FUN
HUBERT NOCENTO ) CASE NO.: 12-35355-03
) JURY TRIAL DEMANDED
Plaintiff, ) MOTION TO COMPLY WITH
) ORDER OF APPRAISAL AND TO
vs. ) LIFT STAY GRANTING PARTIAL
) SUMMARY JUDGMENT
ALLSTATE PROPERTY AND )
CASUAL INSURANCE COMPANY )
: ) Fp>;..
Defendant(s). ) RECE beg
) APR 2 § 0m
MILY RODRIGUEZ Powe LL
Plaintiff's Motion in compliance of
Order of Appraisal; to lift stay and to
Grant Partial Summary Judgment.
COMES NOW PLAINTIFF PRO-SE in the above captioned cause and the undersigned in
this matter and as stated:
Under the surrounding circumstances; Evidently, Defendant’s attempts to delay due
process has failed. See Exhibit 10X (Email) Attached.
Settlement made
(1) Defendant demanded the appraisal process subsequent the Final Settlement of
Claim was paid in the wrong amount. See Exhibit 8X (Copy of Check) Attached.Total Loss
(2) Defendant declared the vehicle a total loss. Consequently, no appraisal process was
necessary to know the amount that was clearly established as stated.
Breach of Contract
(3) Defendant knew, when declaring the vehicle a total loss the property no longer’
becomes the responsibility of the Insured.
(4) Defendant made a decision not to repair the vehicle. Plaintiff agreed and refused to
accept the salvage or pay for the deducted amount that was withheld by Defendant
without authorization from the Insured.
Demand for Payment
(5) Plaintiff demanded the $21,496.08 and refused the disbursed check in the amount
of $13,878.25. Said check was returned for correction to Defendant.
Breach of Contract
(6) Defendant Breach of Contract was intentional, deliberate, willful, and Defendant
should not have forced Plaintiff to purchase the salvage vehicle for $7,617.83.
(7) Defendant had a duty to the Insured to pay the $21,496.08, and take possession of
the salvage and auction the vehicle as it is to the public or take bids to recover the
loss.
(8) Plaintiff can’t be held liable for Defendant’s unwillingness to settle a claim and or :
Defendant’s negligence in not removing the property that was declared a Total Loss
by the Insurer’s Appraiser.
(9) Defendant’s appraiser made an appraisal to declare the vehicle a total loss and
refused to pay the full loss as stated.
(10)Defendant never paid the loss. Defendant referred to Florida Statutes and claimed a
right to make such decision and, in fact, did so.
(11)Defendant needed an appraisal to know the salvage value. Plaintiff was not
interested in the salvage vehicle, if it could not be repaired as expressed by
defendant.
(12)Defendant thought that Plaintiff would pay any.amount for the vehicle without firstasking Plaintiff the question of Intent. No discussion of purchase was exercise by the
parties.
Whereas, one of a like kind must apply since Defendant Breached the Contract and the
vehicle was lien to satisfy the storage.
Whereas, Defendant declared the vehicle a Total Loss and should be held liable for the
vehicle and its whereabouts. It’s a little too late to pay $19,999.16 as requested four years ago.
Plaintiff had to file this case in court. See Exhibit 6X Attached. “There is no completion, no
material, no building, only sawdust in the contraction” (to avoid Breach of Contract), Eyeleads,
D.A. “The uraeus can’t explain the asp to be found” (neither could the Defendant in this case).
Eyeleads, D.A. (Defendant acted in bad faith).
Whereas, had Defendant not decided the vehicle a Total Loss, the Hummer Dealer
would have repaired the vehicle. See Exhibit 5X
Whereas, had Defendant paid the full amount as said and not $13,878.25, this case
would have never been filed for Breach of Contract and Bad Faith.
Whereas, Defendant knew and or should have known that the repair shop had a right to
or not to sell the property according to Florida Law, the Body Shop used that right, and did lien
the vehicle. See Exhibit 2X.
Whereas, Defendant was firm in utilizing the Florida Statute. | The amount of
$21,496.08 was accepted and was not paid. Defendant’s July 31, 2009 letter clearly indicated
that: “If this settlement amount is not accepted, we are requesting that you comply with the
provision in the Allstate Automobile Policy”. Relative to the Right to Appraisal. This letter was
signed on July 31, 2009. See Exhibit 3x.
Whereas, Defendant claim that Plaintiff filed this suit which is correct. Plaintiff denied
that this suit was over “Disputes with respect to the Amount of Damages to the Insured
Vehicle.” See Exhibit 12X (Defendant Motion to Dismiss and/or Compel Appraisal).
Whereas, Plaintiff cites “Post Hoc Ergo Proctor Hoc” as legal foundation to prove |
negligence on Defendant's behalf. Defendant agreed that the vehicle was a total loss and did,
in fact, total the vehicle and insufficiently paid the claim and without consent or agreement
from the Insured. Defendant forced the’Insured to pay for the Salvage. Defendant had a legal
obligation to pay for the storage. Because of the Defendant’s negligence in handling of thisclaim involving said vehicle, Plaintiff suffered loss as indicated. Please be reminded that Insured
demanded the settlement amount, which was never paid.
Whereas, Plaintiff maintains that no appraisal was necessary since the vehicle was
declared a total loss by the Defendant. 7
Whereas, Defendant moved to compel the Appraisal Provision which was allowed by the
court, as argued by cases that was upheld. None of the cases declared the vehicle a total loss
as required by Florida Statute. Under the Surrounding Circumstances of this case and cases-
relied upon by the Defendant, this court erred by granting the Appraisal Provisions since no
need was evident to determine the value of salvage for the Appraisal Process, concerning
amount of damages merely because Plaintiff had a disinterest to purchase the salvage.
Whereas, Plaintiff had no reason to know the value of the salvage. Plaintiff's only
demand was to be paid in full for the claim and not the vehicle.
Whereas, Defendant refused to pay the full amount. No appraisal can force Plaintiff to
pay for the salvage, which was a Total Loss, as declared by the Insurer.
Whereas, Plaintiff saw no need or interest in the salvage and used the right not to seek
the appraisal.
Appraisal Process
Whereas, (1) Since that the Defendant declared on July 31, 2009, as restated to
conclude the final offer, which is as follows:
¢ Actual Cash Value $20,718.00
© Tax $ 1,243.08
e Tag Transfer Fee S 35.00
Subtotal $21,996.08
Less Deductible $ 500.00
Total Settlement Amount $21,496.08
“If this settlement amount is not acceptable, we are requesting that you comply with the
provision in the Allstate Automobile Policy relative to the Right to Appraisal”. Defendant, Direct
Online Appraisal Services, Inc. 200 Banks Rd, Suite 201F, Margate, Florida 33063, 954-974-6071
By Paul Benkovic, Alistate Property and Casualty Insurance Company.Whereas, Defendant did not adhere to their own letter, dated July 31, 2009 and
reneged. Furthermore, Defendant’s letter was automatically cancelled and replaced with the
August 07, 2009 letter. °
(2) Allstate issued a check dated August 10, 2009, for a total settlement offer:
$13,878.25. Please be reminded, the July 31, 2009 letter requested the Appraisal Provision.
Nine days later, Breach of Contract was executed by the Defendant, thereby eliminating the
need of the requirement for Appraisal Process, as stipulated by said letter.
Appraisal Process
Herein stated,
(1) Both have a right to appraisal as expressed by Policy Declaration. See Exhibit 7X.
(2) Defendant declared the vehicle a Total Loss based on Florida Statute 319.30.
(3) Defendant agreed to repair or pay the Actual Cash Value. See Exhibit 3.
(4) Defendant Breached the Contract by Failing to:
(A) Repair the Vehicle
(B) Replace the Vehicle
(C) Pay the Actual Cash Value
(D) Replace with “One of a like kind and quality”
(5) Plaintiff refused to buy the salvage from Defendant
(6) Defendant refused to pay Plaintiff the Actual Cash Value
(7) Defendant refused to fix the vehicle
(8) Defendant abandoned the vehicle and should not have, after declaring the vehicle a
Total Loss. .
(9) Florida’s Statute 713.585 allows the garage to charge storage and/or place a lien on
vehicle for outstanding monies. See Exhibit 2X.
(10)Defendant knew or should have known, after declaring the vehicle a total loss, as
always, the vehicle is the responsibility of the insurer, not the Insured. See Exhibit 11x.
(11) This claim was settled in the amount of $21,496.08. Defendant issued a check in
the amount of $13,878.25, which is in violation, based on Florida Statute 319.30.
Whereas, Defendant knew that this suit is a Breach of Contract Case and stated
differently. . .
Whereas, Defendant circumvented and orchestrated plots to make the impression that
Plaintiff wanted additional money.Whereas, Defendant discussed the case with the court in order to keep information of
motion filed from the Trial Judge. (See Exhibit 10X). . :
Whereas, Defendant should be sanctioned for Interfering with Due Process of Law,
together with the Filing of Wrong Information Stating that “One of a Like Kind” was not in
Plaintiff's Policy.
Whereas, Defendant has tried everything to block, stop, knock and mock the court in
doing wrong. Defendant's only response was the one (1) Motion to Dismiss and/or Compel the
Appraisal Process. Defendant cannot deny wrongful acts. Defendant did everything wrong.
Appraisal Order
Whereas, (1) Plaintiff complied with the court order for Appraisal Provision. (See Exhibit
4X).
Whereas, (2) according to Florida Statute713.585-6, the vehicle in question was sold at
auction to satisfy storage fees. See Exhibit 2X.
Whereas, (3) Defendant knew or should have known after declaring according to Florida
Statute 319.30: “When an insurance company pays the vehicle owner to replace the wrecked
or damaged vehicle with “One of a Like Kind and Quality”.
Whereas, (4) Defendant clearly stated: “Therefore, under this definition, your vehicle is
considered a total loss”. Defendant’s August 07, 2009 signed letter to Plaintiff (Final Offer).
Whereas, (5) Defendant relied on Florida Law to close the case, so as the repair shop
relied on Florida Law to Lien and Auctioned the Vehicle.
Whereas, (6) Defendant failed to remove the vehicle due to the storage amount of
money owed to the repair shop and should have removed the vehicle in August of 2009 after
the Implementation of Florida Statute 319.30 was executed.
Whereas, (7) the vehicle transfer fee was included in the settlement. Plaintiff is no
longer the owner of said vehicle declared a Total Loss by Defendant and the State of Florida.
Whereas, (8) Defendant, according to Florida Law, had 72 hours to act after declaring
the vehicle a Total Loss. Defendant did, as always, NOTHING. ‘ .Whereas, (9) Defendant knows the law, knew ways to use the statute not to repair the
vehicle. Defendant knew the vehicle would have been lien and had ample time to resolve or
. mediate this claim, but refused. Defendant used counsel to indulge in an Act of Bad Faith and
Breach of Contract.
Whereas, (10) Plaintiff had reasons to defend this claim after being forced to pay for the
Salvage and refused to accept to pay the $7,617.83, while Defendant wanted the Statute of
Limitation to run its course.
Whereas, (11) Defendant gave Plaintiff an option: Buy the Salvage because no attorney
will represent you and the Statute of Limitation will, of course, run out.
Whereas, (12) Defendant Breached the Duty to Plaintiff and allowed the vehicle to be
sold and HAS NOT PAID THE CLAIM to Plaintiff.
Whereas, Plaintiff is entitled to a replacement vehicle which is as per the Policy
Declaration Agreement, giving authority and confirmation in light of Defendant's failure to act,
to repair,-to replace, to pay the Actual Cash Value (A.C.V) and/or the replacement vehicle which
is one of a like kind and quality replacement value.
Whereas, Coral Cadillac (The Hummer Dealer) Purchase Order for the replacement
vehicle should be paid to satisfy the loss since no action to fully satisfy the claim was made after
the check was returned to the Defendant. See Exhibit 9X.
Whereas, since the claim was not satisfied and no need was necessary for the appraisal
process, Defendant invoked Florida Law and Statute to claim the vehicle a salvage. Defendant
knew or should have known that no appraisal on a Total Loss was important to enforce or
demand. Plaintiff complied with the order of the court.
Whereas, the settlement agreement was concluded, a check issued, the vehicle
declared a salvage. Whereby, Plaintiffs claim was underpaid by the Defendant, and never
satisfied.
Whereas, Defendant’s letter to request the appraisal has been cancelled automatically
after a short notice of only nine (9) days to satisfy the Appraisal Provision Requirement
intended to resolve repair damages.
Whereas, Defendant directly voided the appraisal by declaring the vehicle a total loss.
See Exhibit 1X. :Whereas, Defendant failed to reissue and or correct the wrong amount on the check
and failed to pay the claim, knowing that the vehicle is a Total Loss. See Exhibit 8X.
Whereas, Defendant had no intention to pay more than $13,878.25 and as a result, after
four (4) years of hardship to Plaintiff accordingly, Defendant must pay Plaintiff the replacement
value in the amount of the purchased amount in the sum of $79,486.59. See Exhibit 9X.
Whereas, Defendant Breach the Appraisal Provision by moving to drop the Appraisal
Provision by Implementing the Statute declaring the vehicle a Total Loss. See Exhibit 1X.
PAYMENT OF LOSS — Part V
In Part: “We may take all or part of the property at the agreed or appraised value”. (Florida:
Allstate Declaration Book. Page 18)
Whereas, Defendant contrary to the established guidelines did the opposite by: valuing
the property before an agreement of an appraised estimate, which is a Breach of Contract by
charging Plaintiff for the Salvage, and not paying the claim in full after the check was returned.
See Exhibit 7x.
Whereas, Defendant cannot revert to the Appraisal Provision since Defendant issue the
letter of Final Loss. See Exhibit 1X.
CONFIRMATION OF LOSS — CACE # 12-35-355-03
{n all concluded reports, the vehicle is a Total Loss and Defendant refused to give
Plaintiff time after the July 31, 2009 letter to comply with the Policy Appraisal Provision. _
(1) The Policy never gave nine (9) days to comply with the appraisal process.
(2) Plaintiff had no time to comply with the letter of July 31, 2009 and never failed to do
so. As evident, the vehicle was considered a Total Loss.
(3) Florida Statute allowed the Insurance to do so as pleased.
(4) Two Settlement offers were made by Defendant. One for $21,496.08 and the other
"for $13,878.25. :
(5)-Plaintiff refused to buy the salvage for $7617.83 and accepted the $21,496.08 by
returning the check back to Defendant. Defendant refused to pay Plaintiff the
$21,496.08.CONCLUSION OF EVIDENCE
PARTIAL SUMMARY JUDGMENT
In Concluding, the acts by Defendant’s August 09'" letter demonstrates intentional and
planned deceptive behaviors, practices of conspiracy by Defendants, who deliberately
conspired and who meticulously, willfully ‘converted the July 31* letter to associate it with the
same total of the August 09 letter , then deducted $7617.83 paying Plaintiff $13,878.25
creating the same payout figures of the Total Claim Amount of $21.489.00 Plaintiff is entitled to
one of a like kind and together with the daily reimbursement of a comparable vehicle which is
$97.00 per day, to be submitted and raise at final submission of the issues to be tried by Jury
Trial. See Exhibits 1X, 3X and 8X.
Whereas, Plaintiff submits to this court pursuant to F.R.C.P Rule56:
CONCLUSION OF FACTS - CACE 12-35355-03
$13,878.25 Issued Check was Returned to Defendant
$ 7,617.83 Defendant's Salvaged Value
$21,496.08 Total of Settlement Claim
Fraudulent Acts
Whereas, Defendant fabricated ways to steal. monies from Plaintiff which was
fraudulently done.
(1) Letter of July 31, 2009 settlement amount $21,496.08 automatically was cancelled.
(2) Letter of August 07, 2009 indicated the following:
S$ 1243.08 6% Sales Tax
$ 35.00 Transfer Fee
$21,496.08 Total Amount
- § 500.00 Deductible
S 7617.83 Salvage
As shown above, both Settlements total mathematically the same amounts $21,496.08.
In order to find way to avoid payment to Plaintiff, Defendant never paid the claim.
Whereas, Plaintiff never received any settlement after returning the check, due to
Defendant’s negligence, Breach of Contract, and Bad Faith. Plaintiff is entitled to Partial
Summary Judgment since no genuine issues are left to be tried in this matter, and according to
law, judgment should be granted.10
Wherefore, Plaintiff asks this Honorable Court that the Stay imposed by the court be
lifted and all issues set for Jury Trial for Breach of Contract, Fraud, Bad Faith and Partial
Summary Judgment granted in the amount of $79,486.59, not limiting interest and court costs
which the court deems just and equitable together with provisions for sanctions.
Respectfully Submitted this 28" day of April, 2014
By: tt}
Hubert Nocento
215 NW 60 Avenue
Margate, Florida 3306311
CERTIFICATE OF SERVICE
| hereby certify that Plaintiff's Motion in Compliance of Order for Appraisal
Process, To Lift Stay and To Grant Partial Summary Judgment, along with a Copy
of the Foregoing Documents, has been mailed to Defendant, at the following
address: Law Offices of Holly W. Carroll, 110 SE 6" Street, Suite 1800, Fort
Lauderdale, Florida 33301-5015, on this 28™ day of April, 2014.
Respectfully Submitted this 28" day of April, 2014
By;
Hubert Nocento
215 NW 60 Avenue
Margate, Florida 33063ix
e
Exaerr 1X
Flor:da
@Allstate... 2°".
@MARGATE FL 33063
You're in good hands
pole bldg gtd fete fetal
HUBERT NOCENTO
215 NW 60TH AVE
MARGATE FL 33063-5179
August 07. 2009
INSURED HUBERT NOCENTO - PHONE NUMBER: 800-286-1693
DATE OF LOSS June 30. 2009 FAX NUMBER 866-373-8073
CLAIM NUMBER 0142126531 OFFICE HOURS Mon-Fri 8 00 am- 5 30 pm.
Sat 8 00 am- 2 00 pm
Dear Mr Nocento
It is unfortunate that we are at an impasse in the settlement discussions on the value of your 2003 Hummer H2 On 07/31/09
[ sent out a letter demanding an appraisal pursuant to the “Right of Appraisal” provision as per Part V—Protection Agaimst
Loss to the Auto p 26 of the Allstate pol y Additonally. have requested the name and contact number for your attorney.
which you have not provided me with Our good faith attempts to achieve an amucable resolution have resulted in no
response or cooperation Asa result, Allstate is tendenng the payment for tts appraised ammount. including the tax and utle
fee less the deductible and any salvage value for the vehicle
Your vehicle is covered by an Allstate Property and Casualty Insurance Company Auto Policy Pursuant to the following
auto policy janguage
Allstate's lrmmut of lability 1s the least of
L the actual cash value of the property or damaged part of the property at the trme of the loss, which may include a deduction
for depreciation. or a
2 me cost to repair or repiace the property Or part 10 tS physical condition ai che time of loss using parts produced by o¢ tui
the velucle’s manufacturer. or parts from other sources including, but not !imuted to, non-onginal equipment manufacturer
subject to applicable state laws and regulations
As the cost to repair the velucle 1s at least 80% or higher than its value Allstate has the chotce of paying to repair or paying
the actual cash value of the velucle Allstate has elected to pay the actual cash value Therefore I have enclosed payment for
actual cash value. which would include the 6% sales tax ($1243 08) and a uile transfer fee of $35 00 for a toral arnount of
$21996 08 less your policy deductible of $500 00 and salvage ($7617 83) fora total settlement offer of $13878 25 Please
note that Flonda law statue 319.30 defines a total loss as “when an insurance company pays the velucle owner to place the
wrecked or damaged velucle with gne of hike land and quality” Therefore under this definmmon. your vehicle 1s considered a
total loss
Accordingly. vehicles deemed a total loss require a salvage certificate of ttle Flonda law also requires that “an insurance
company which pays money as compensation for total loss of a motor vehicle of mobile home shall obtain the certificate of
title for the motor velucle or mobile home and. within 72 hours after receiving such certificate of nile. shall forward such ttle
to the department for processing " Since Allstate ts not in possession of the utle to your vehicle it will be your responsibility
to forward the nile to the State of Flonda and [ will advise them of suchoP went.
should sou decide to reconsader your PosHTAN Lu LO the statue of immanent and surrencer ine ttle to the vemet
> tor payment of
hangs to resapen the claim and rev ners the cane
deduce
the salsa
Sincereis
PAULL BENKOVIC
DAL L BENKROVIC
NOO-2N6- 1693 Ext, S137
silstate Property and Casualty [nsuranes CompanyExXHiait 296 Fewer 2x
TED AMERICAN LIEN & RECOVERY
April 8, 2014
Hubert C Nocento
215 NW 60 Ave
Margate, Florida 33063
RE: 2003 Hummer
VIN#: 5GRGN23UX3H106311
Dear Mr. Nocento,
This letter in confirmation of our conversation. We were hired by Mega Auto Body & Collision Repair, to
place a mechanic's lien on the above mentioned vehicle. The last day of payment or auction on the
vehicle was on October 12, 2012. Since you did not pay off the outstanding charges, the car was offered
up at auction to satisfy the monies owed to the repair facility. We did not receive any bids regarding
this vehicle. So, based on the Florida Statute 713.585, we applied for title on behalf of the repair facility.
Cordially,
wa Ned
Karen Sawyer
“Established in 1964"
(954) 563-1999
UNITED AMERICAN LIES «P.O. BOX 5623 FT. LAUDERDALE, FL 33310
- BRANCHES: FLORIDA & NEW JERSEYExner 3 x
SmnaT BK
Florida Atlantic Central
@WAlistat 5297 W. COPANS ROAD
MARGATE FL 33063
Youre mn good hands.
Felden DANE ee He to Hel
HUBERT NOCENTO
215 NW 60TH AVE
MARGATE FL 33063-5170
July 31, 2009
INSURED HUBERT NOCENTO PHONE NUMBER 800-286-1693
DATE OF LOSS June 30, 2009 FAX NUMBER. 866-373-8073
CLAIM NUMBER 0142126531 OFFICE HOURS: Mon - Fn 8:00 am - 5.30 pm,
Sat 8-00 am - 2:00 pm
Dear Mr Nocento,
It 1s unfortunate that we are at an impasse in the settlement discussions on the value of your 2003 Hummer H2. I wanted to
take this opportunity to restate our offer to conclude this matter, which 1s as follows
. Actual Cash Value $20718 00
. Tax 1243 08
: Tag Transfer Fee 35.00
. Sub total $21996.08 :
. Less deductible 500 00 —
. Total Settlement Amount $21496 08
If this settlement amount 1s not acceptable, we are requesting that you comply with the provision in the Allstate automobile
Policy relative to the nght to appraisal
This provision ts found in Secon V of the policy entitled, “Right to Appraisal.” which states “Both you and Allstate have a
night to demand an appraisal of the juss Each will appoint and pay a competentand disinterested appraiser and will equally
share other appraisal expenses The appraisers, or a judge of a court of record, will select an umpire to decide any differences
Each appraiser will state separately the actual cash value and the amount of loss An award in writing by any two appraisers
will determine the loss amount payable ”
Please consider this letter as our demand that the appraisal process be initiated Please let us know the name, address and
telephone number of your appraiser, so that we may provide that information to our appraiser for contact purposes Also, we
need to let your appraiser know the location of the vehicle In the event you decide to forego the appraisal process and accept
our most recent value of $20718 00 (before tax/tag/deductible), please call me ammediately at 954-978-8137 Once we have
initiated the appraisal process, the amount determined ‘by the appraisal process then becomes the final settlement of the total
loss
0142126531Should you or your appraiser have any questions, please feel free to contact me at the number shown above Allstate will be
using Direct Online for our appraisal Their contact information is below:
Direct Online Appraisal Services, Inc.
2000 Banks Rd Ste 201F
Margate, Fla. 33063
954-974-6071
Sincerely,
PAUL BENKOVIC
PAUL BENKOVIC
800-286-1693 Ext 8137
Allstate Property and Casualty Insurance Company
GENI00198/24/2009 at 11:48 AM
12302
Day:
Evening:
Inspect
Location:
Insurance ALLSTATE
Company:
POMPANO BEACH,
(954) 426-1800x400 Fax:
AUBERT NOCENTO
HUBERT NOCENTO
CORAL CADILLAC
License #:# 39 Federal ID #: 591565757
" THE DEALER IS IN *
5101 N. FEDERAL HIGHWAY
PRELIMINARY ESTIMATE
Written By:
Adjuster:
Job Number:
FL 33064-7091
(954) 427-5360
Claim #0001421126531D01
Policy #
Deductible:
Data of Loss:
Type of Loss:
Point of Impact: 12.
003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int
IN. 5GRGN23UX3H106311 Lic:
ir Conditioning
ruise Control
eyless Entry
Sar Window Wiper
jal Mirrors
verhead Console
Lear Coat Paint
Swer Windows
ower Passenger Seat
4 Radio
‘ssenger Air Bag 7
mmunications System
eilering Package
Prod Date:
Rear Defogger
Intermittent Wipers
Alarm
Steering Wheel Controls
Privacy Glass
Luggage/Roof Rack
Power Steering
Power Locks
Power Mirrors
FM Radio
Search/Seek
Anti-Lock Brakes (4)
4 Wheel Disc Brakes
Cloth Seats
Automatic Transmission
Aluminum/Alloy Wheels
2" Repl Qual Recy Parts frame assy 1
+20%
3 R&l Trailer hitch
4 FRONT SUSPENSION
5 Pepl Bl brake sys 1
Front
Days to Repair
Odometer: 78014
Tilt Wheel
Climate Control
Oual Air Condition
Message Center
Console/Storage
Winch
Power Brakes
Power Driver Seat
Heated Mirrors
Stereo
CD Player
Driver Air Bag
Traction Control
Bucket Seats
4 Wheel DriveJob Number:
08/14/2009 at 11:48 aM
12302
PRELIMINARY ESTIMATE
2003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int:
Rpl exhaust system
ar R&I RT Converter 6 pipe
Q* RéI LT Converter & pipe
10 R&I R&I exhaust assy rearward of
manifolds
11 STEERING GEAR & LINKAGE
12 R&I R&I gear assy m 1.0M
13 P&I P/S cooler m Incl. M
14 Deduct for Overlap -0.3M
15 COOLING
16 Repl Trans cooler 1 228.60 m Incl.
17** Repl A/M Radiator 1 273.00 m Inel.
18 Repl Fan shroud 1 76.74 Incl.
19 Repl Recovery tank 1 70.24 Inel.
20 7 FRONT BUMPER
21 O/H front bumper 1.8
22 Repl Upper cover 1 390 1] Incl.
23 Repl Bumper 1 348.71 Incl. og
24 Add for Clear Coat 0.4
25 HOOD & GRILLE
26 Repl Grille 1 504.80 Incl.
27* Repl Brush guard 1 964 66 03
28 Repl Hood 1 1447 93 41 3.5
23 Add for Clear Coat 14
3 Add for Underside (Complete) 18
31 Repl Louver 1 132.47 Incl
32 Repl RT Hinge assy 1 88 80 03 04
33 Add for Clear Coat ol
34 Repl LT Hinge assy 1 84 43 0.3 o4
35 Add for Clear Coat O.1
3 Repl Insulator pad 1 122.81 Incl
37 FRONT LAMPS
38 Repl RT Headlamp assy 1 276 45 Incl.
+3 ®2epl LT Headlamp assy 1 274 08 Incl
Aim headlamps a5
Pepl RT Park/turn lamp © 1 123 82 Incl
Repl LT Park/turn lamp 1 116.61 incl
“RADIATOR SUPPORT . .
Fepl Radiator support : 1 910.36 9.4 1.8
AIR CONDITIONER & HEATER
Pepl A/M Condenser 1 164.00 m Incl.
FENDER
Repl RT Opper rail i 295.75 58 35 10
Overlap Minor Panel -9 2
Ppr RT Apron panel $ 4.0 14
Overlap Major Non-Adj. Panel -0.2
135
Pepl RT Fender 1
mete. - -12302
Repl
Repl
Repl
Repl
Repl
Repl
Repl
R&I
Repl
Rpr
Rel
Rpr
R&I
Ret
R&T
Ret
Rat
R&I
Ret
R&I
R&I
R&I
R&I
48 AM
PRELIMINARY ESTIMATE
2003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int:
Add for Clear Coat
Add for Edging
LT Fender
Overlap Major Adj. Panel
Add for Clear Coat
Add for Edging
ELECTRICAL
Upper cover
WINDSHIELD
Windshield NAGS
RT Outer molding
Upper molding
Engine shield
Stg rod relay
carpet
RT Wiper arm
FRONT DOOR
LT Outer panel
Overlap Major Adj
Add for Clear Coat
RT Belt w'strip
RT Outer panel
Overlap Major Adj. Panel
Add for Clear Coat
LT Belt w'strip
RT Mirror outside black
LT Mirror outside black
RT Door glass GM
LT Door glass GM
RT Handle, outside black
LT Handle, outside black
RT R&I- trim panel
LT R&I trim panel
RT Nameplate "H2"
LT Nameplate "H2"
ROOF
Roof panel w/sunroof
Overlap Major Adj. Panel
Add for Clear Coat
HAZARDOUS WASTE REMOVAL
COOLANT
EVACUATE
CAR COVER
SET - UP & MEASURE UNIBODY
PULL FT UNTBODY
4 WAEEL AL
Panel
& RECHARGE A/C
QTY EXT.
Pee ey
Pee eee
Job Number:
PRICE LABOR
330.03 1.1
52.87
219.80 2.6
49.60 Incl.
42.63
438.34
255.52 0.7 w
20
32.03 Incl.
SO 3.5
-0.4
0.6
0.3
3.0 3.5
—~ aa
0.6
9.3
0.4
0.4
0.5
os |
0.4
0.4
Q.5
0.5
02
a2
5.9 5 3
-0.4
1.1
10.00 T
24.00 T
125.00 T
10.00 T
20F
40F
49 399 T08/14/2009 at 11:48 AM Job Number:
12302
7 PRELIMINARY ESTIMATE
2003 HUMM H2 8~6.0L-FI 4D UTV BLACK int.
DESCRIPTION QTY EXT. PRICE LABOR
102 Repl Cross rail black 1 298.07 ol
193 INFORMATION LABELS
194 Rpl information labels 03
105 Repl Emission label 1 23.83 Tacl
106 Repl Info label AC caution 1 19 24 Inel
107 STEERING WHEEL
108 Repl Steering wheel 1 281.89 m 0.7 M
1909 STEERING COLUMN
110 Repl Steering column 1 738.65 m 2.2M
ill COWL
112 Repl Cowl grille 1 358.32 1.0 1.4
113 Overlap Minor Panel -0.2
114 ENGINE
115 Repl Air cleaner
Subtotals 12812.63 100.7 31.5
Parts ; 12553 64
Parts Discount $ 9582.98 -10.08 -958.30
- Body Labor 52.6 hrs @$ 40.00/hr 2104.00
Paint Labor 31.5 hrs @ $ 40.00/hr 1260.00
Mechanical Labor 42 1 hrs @ $ 75.00/hr 3157.50
Frame Labor : 6Ohrs @s 45.00/hr 270 00
Paint Supplies 31.5 hrs @ $ 22.00/hr 693.00
Sublet/Misc. 258 99
SUBTOTAL $19338.83
Sales Tax $19338.83 @ 6.00008 1160.33
GRAND TOTAL $20499.16
ADJUSTMENTS: .
Deductible 0.00
CUSTOMER Pay $0.00
INSURANCE pay $20499 16
EPAIR FACILITY CAN ONLY ESTIMATE NOT GUARANTEE THE AMOUNT OF REPAIR TIME
ED FOR YOUR VEHICLE DUE TO PRODUCTION DELaYS SUCH AS PAPTS DELAYS,
RT PRIC. 3 FINAL COSTS OF REPAIRS ARE SUBJECT TO FINAL INVOICING.
IS NO GUARANTEE ON RUST REPAIRS, FOR APPOINTMENTS PLEASE CALL BARRY DUNN
-OLLISION COORDINATOR 954/426-1800 ext. 400“NOTICE OF CLAIM oF LIEN ¢ PROPOSED ‘OR VEHICLE 19 SATISFY LIEN
j ~-Registerad owe,
' 7
!
ve Customer-____ -
CENTO 2S R/O
1 215 NW 60 AVE
: MARGATE Fr, 33963
SDo>/Location
Of Vehicle
MEGA 2UTO BODY
SHOP «&
COLL Zston REPAIR
8238 NB a AVE
UDI RDaLE FL 33304
: 954-523-9337
KNOW ALL- wey sy TRESS e¥ Guly licensed _ eee
auctioneers :~ end ction the following vehicle
to the highest didder, r 713.585 (5) t Ss Statutes, for the Purpose
of satis ft2 lien mentioned tieno-,
for kevairg end/or Sto
€ssessed Fr.
rage
*Fom 98/03/12
)
Smer at the rate
mation Rade. fF
OF any person ¢) @inang
STE a Cemang
cy
= such
2 2nd sending
for hear:ag wich
21 other owne:,
Tang at aay time prior
Sy where the vehicle 15
coszes o:
2A the coun
notzce of sateSpa Exner &%
SETTLEMENT OFFER
This settlement is directed to Allstate insurance company as a good faith attempt to settle
this claim. This letter 1s an attempt to resolve this case without incurring the financial
tune and commitment of litigation in keeping with the provisions regarding the facts and
circumstances as awarded to prevailing party according to law and Florida statute as it
relates to damaged property. Further, delays or non-compliance to settle this claim will
cause severe consequences.
Tendering in full payment of $19,999.16 will be appreciated and will satisfy the claim
and deemed closed. In advance, I wish to thank all for a positive, prompt decision and
attention in this matter.
PLEASE GOVERN YOURSELVES ACCORDINGLY
LY Not
jodénto
Cc. Insurance Division of Florida
Paul Benkovic
Allstate VP
Attorney fileshow viata tating, wan, pn
ror af won
DV Began cts to rnilanetive on
1 Dinan result fro wow nid toa, freezing,
alutticnl tewkiown unless the
lt cl whi tng nod (0
jenta, or the result of
mveefiamioat
il by fire,
lallam, Coveruge is
hres occurs ut the
fiom the anime cause as other
hla palley
il reproducing, recording,
ltting, «4 racelving aystem located in
ness the syntem is permanently
(1 tathe dashbomd, o1
lwcution specifically designed
‘manufacturer for
a radio,
we
c ulno will not apply to loss to any
other upparntus in or on the auto
od for une with those sound systems,
exclusion will not apply If Covernge ZA In
‘hand,
} Sons to any tapou or similar items, unless you
luavo Tape Coverage under this policy,
0) Lope 10 1 comper unit whether or not mounted,
‘Thio oxctusion will not apply ifeamper unit
eoveriye in shown as applicable on the
doclurntions page,
1) Lane to appliances, furniture, equipment and
|weonanrion that wre not built into and form a
sraner,
(12) Loss to your moter home or your travel-traller
while rented to anyone:
premium is shown on the
the rented vehicle.
right todemind an
ich will appoint and pay a
competent and disInterested appraiser and will
equally share other appraisal expenses, The
seas ‘Judge of a court of record, will
select un uinplre to decide any differences, Each
Appraiser will state coparately the actual cash value
‘and the amount of loss, An award in writing by any
$wo appraiser wl determine the lors amount
payable,
Foymentof Lose
Allstate may pay for the loss in money, or may
‘repair or replace the damaged or stolen property.
‘We may, at any time before the loss is pald or the
property is replaced, return at eur own expense any
Stolen property, elther to you or at our option t
‘duress shown on the declarations
payment for any resulting damage
‘or part of the property at the agreed appraised
value JWe may settle any claim or lous elther with
‘your the owner of the property.
Civalte of Liabitlyy
Allstate's limit of Hlabitity 16 the actual cash value of
the property or damaged part of the property ul the
sh value will be reduced
t Coverage as shown on
the declarations page (However, our lability will
‘not exceed what it would coat (0 repulr or repluce
the property or part with other of like kind unl
uallty JThe limit for loss to any taller is $500,
‘An auto and attached trailer ure consldered
‘sepurate autos, und you must pay the deductible, if
‘any, on each, Only one deductible will apply toan
‘auto with a mounted camper ual, If unmounted, a
‘separate deductible will apply (o the aute and
camper unit,
ett
{there is other insurance covering the loss atthe
time ofthe ceden, we wil pay oly our share of
‘dar }, Our share is determines ing
thems ot tte Insurance tothe limits of all other
Inaurance that applles on the same basis and Gnding
the percentage of the total that our Ilmits represent.
When this insurance covers a substitute auto or
non-owned auto, wo will pay only after all other
collectible insurance has been exhausted,
‘When this Insurance covers a replacement autoor
additional auto, this policy won't apply If youhave
‘other collectible Insurance.
‘When more than ono coverage is applicable to the
Jor May recover under rondest coverage
but noi Both. However, any Coverage ZA
deductible will lways apply.
Actia Allstate
Notre oft gue ua Under (ha coverage unless hare
Ue fullcompllance with alte term of this policy,
IN WITNESS WHEREOP, Allstate has caused this
President at Northbrook, Illinois, and, if required by
countersigned In the declarations by an authorized ag
Secretary544484841
@aasiate peur 8D
‘Youre in good hands
Check Details
Policy” 961633920 Issued By
Claim 0142126531 Allstate Property and Casualty Insurance Company
Insured: HUBERT NOCENTO FLORIDA ATLANTIC CENTRAL TOTAL LOSS/THEFT PROCESSOR TEAM
SAMANTHA BROOMFIELD
Payee HUBERT NOCENTO Check 644484841
“216 NW 60TH AVE, Issued Date 8/10/2008
MARGATE, FL 33063-6170 US Amount 13,878.25
Additonal Comments: In payment for Collision and Comprehensive (Full) for Date of Loss 6/30/2009.
Payment Method of Transaction Billed Amount To
Type Settlement Reason Amount Pay
HUBERT NOCENTO/Collision
Loss. Payment Total Loss Regular Collision 13,803 25 USD
HUBERT NOCENTO/Comprehensive (Full) >
Loss Payment Total Loss Glass 7500 USD
3
s
218 NI IARGATE, FL’33063:
2 fe 7% A
PRESENTED WITHIN, THREE AUNDRE!
WSRGGALAG Le GOBRREC PAA 329 GOR aerqe
bea AN THE RANE = AR Har eae If WeTERMA Si te NOT EIR E
THE QRIAIAL NemHrEET Gee Beet BOTHExXHB TAGS)
te ine ewer is in
2. 5101 N. Federal Highway, Pompano Beach, FL. 33064
Broward: (954) 425 - 1800
Tri-County: (954) 930 - CORAL
Date: 11/24/2009 Stock # o
Purchaser: HUBERT o NONCENTO. ss#
Driver's License: D.O.B.
Co-Purchaser: o 0 o SS#
,
Driver's License: D.O.B.
Address: 215 NW 60TH AV City MARGATE State FL Zip___ 33063
Phone: 954-568-81 Business:
New Used Demo
Year * 2009 Make HUMMER Model H-2
Body suv Color SILVER EBONY.
VIN No. SGRGN83289H1024458 10 _1112412009 _
Salesperson: 0
Selling Pnce ‘$74,155.00
This order shall not become binding until accepted by Accessones/Options:
dealer or his authorized representatve. Purchaser by his
execution of this order acknowledged that he has read its
terms and conditions and has received a true copy of this
jorder. .
ICONTRACTUAL DISCLOSURE STATEMENT FOR USED
VEHICLES ONLY: The informaton you see on the
low form for this vehicle 1s part of this contract...
Information on the window form overrides any contrary
provisions on the contract sale.
DEALER SERVICES: include preparation of documents,
laffidavits, notary service, temporary tag (if Applicable),
ditional profits and ail other services connected or
ited with this transaction.
The undersigned has been fully advised of the charges and -
pproves such changes being made a part of this buyer's
jorder.
Year o Make 0
Model o Color
Body Type o Mileage 0
Vin# 0 SUB-TOTAL: $_ 74,155.00
Trade Allowance
DIFFERENCE: ‘$74,155.00
Flonda Law -Waste Battery Fee & Tire Fee $ 1.50
Dealer Services: $ 595.00
TOTAL TAXABLE DIFFERENCE: ‘$_ 74,751.50
State Sales Tax [__6.00%| $4485.09
Tag & Tile ‘$250.00
Comury Tax
Service Coniracts (includes tax)
‘SUB-TOTAL 379,486.59
Purchaser: Balance Owed on Trade
HUBERT 0 NONCENTO CASH BALANCE DUE $_79,A86.59
Less Partial Payment
Co Purchaser: Less Fac Incentve (if applicable) $ 7
0 0 0
CASH DUE CN DELIVERY: $73,486.59
Accepted By AMOUNT TC FINANCE“aaong
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Motion Fo Dismss Eyhibits pdf Notice Of Heaing
Download all as zip
This is an automatic e-mail message generated by the ePortal system. Please DC
RESPOND to this e-mail as the mail box is unattended.
Notice of Electronic Filing
The following transaction was entered on 03/13/2014 03:07:49 PM ET.
Court: Seventeenth Judicial Circuit in and for Broward Count’
Case #: 062012CA035355AXXXCE
Case Style: NOCENTO, HUBERT VS ALL STATE PROPERTY AND CASL
Document Title: Motion To Dismiss
Exhibits
Notice Of Hearing
Filer: Yasser R Kader , Esquire 954-760-4878
Notice has been electronically mailed to:
Name Primary Email
‘asser R Kader, Esquire
Hubert Nocento
Nintira ie nat cant tn
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Nocento v. Allstate
Kader, Yasser (Yasser.Kader@allstate.com) Add t
To bobolitu@hotmail.com
Good Morning Mr. Nocento,
| just received your notice of hearing for March
18%. It is my understanding from the judge’s
assistant that this hearing has already been
cancelled. | just want to make sure that you are
also aware that the hearing has been cancelled?
Please confirm. Also, | never received a
response from you regarding the letter | sent
you last week.
Yasser Kader
Attomey at Law
Staff Counsel
Allstate Insurance Company
Encompass Insurance
110 S.E. 6 Street, Suite 1800
Ft. Lauderdale, FL 33301
Phone: 954-767-1394
Fax: 877-838-0840
This rraterial is privileged and confidential attorney-client communication. To
preserve the privileged nature of this message and our attorney w ork-
product, recipients should adhere to the following.
(1) treat and store this message in a manner consistent with its confidential
nanire
© 2014Microsoft Terms Privacy Developers
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Re: Nocento v. Allstate
To see messages related to this one, group messages by
conversation.
Deborah Rosenbaum (drosenbaum@17th.ficourt
To Kader, Yasser
Cc bobolitu@hotmail com
Good morning Mr. Kader,
| have reviewed the docket and agree with you that the MSJ
should be put on hold until Mr. Nocento ts able to retain an
appraiser and be in compliance with the Court'rs Order of
January Sth, 2014. | will remove the motion from the docket
until such a time when Mr. Nocento is in compliance with
the Court's Order. If you wish to file a motion with the
Court with regard to compliance with the Court's Order of
January 3th then please proceed.
Thank you,
On Tue, Mar 4, 2014 at 6:54 PM, Kader, Yasser
wrote:
Hi Debbie,
l received your message today regarding Mr.
Nacento’s desire to schedule a hearing on his-
Motion for Summary Judgment. | have copied
Mr. Nocento on this message.
We just had a hearing in this case on January
gt on my Motion to Dismiss/Compel
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| received your message today regarding Mr. Nocento’s
desire to schedule a hearing on his Motion-for Summary
Judgment. | have copied Mr. Nocento on this message.
We just had a hearing in this case on January gt on my
Motion to Dismiss/Compel Appraisal. Mr. Nocento was
present and had an opportunity to be heard by the court at
that time.
Judge Rodriguez-Powell granted my Motion to Compel
appraisal and stayed the legal proceedings until the
completion of the appraisal process. (Mr. Nocento--- a stay
of legal proceedings basically puts a halt to any legal
proceedings until the stay is lifted by the court.)
Also, per the court’s order, Mr. Nocento was required to
retain a.certified appraiser within 30 days of the order
signed by Judge Rodriguez-Powell on January gt
1 do not believe Mr. Nocento has retained a certified
appraiser at this point and may be in violation of the court’s
order. A5 minute hearing on the matter maybe appropriate
so Mr. Nocento can explain why he has not complied with
the Court’s order. However, | do not think his Motion for
Summary Judgment should be heard at this time since the
case has been stayed.
Please let me know how Judge Rodriguez-Powell would like
to proceed with this matter. | will make myself available for
hearing on the matter. Thank You.
Yasser Kader
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(2) do not copy, circulate or disclose this message without
first speaking to and obtaining the permisson of the author,
and
(3) do not restate/discuss this message or the advice it may
contain with anyone outside of the fisted recipients wthout
first spealong to the author and obtaining her permisaon.
From: Kader, Yasser
Sent: Wednesday, December 04, 2013 5:24 PM
To: Deborah Rosenbaum; bobolitu@hotmail.com
Subject: Nocento v. Allstate
Please find attached: (1) Motion to Dismiss; (2)
Notice of Hearing; (3) Notice of Filing; and a
copy of the Plaintiffs Insurance Policy which |
will rely on at the hearing. Thanks.
Yasser Kader
Attomey at Law
Staff Counsel
Allstate Insurance Company
Encompass Insurance
110 SE. 6 Street, Suite 1800
Ft. Lauderdale, FL 33301
Phone: 954-767-1394
Fax: 877-838-0840
This material is privileged and confidential attomey-client
communication. To preserve the pnvileged nature of this
message and our attomey work-product, recipents should
adhere to the follomng
© 2014 Microsoft Terms Privacy Developers
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Junk To Kader, Yasser
Drafts Ce bobolitu@hotmail com
Sent Good morning Mr. Kader,
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On Wed, Dec 4, 2013 at 5:24 PM, Kader, Yasser
wrote:
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Please find attached: (1) Motion to Dismiss; (2)
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will rely on at the hearing. Thanks.
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6 FILED: BROWARD COUNTY. FL Howard C. Forman, CLERK 11/24/2014 9:56:11 AM.**** CASE NO.: 12-35355-03 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA HUBERT NOCENTO CASE NO.: 12-35355-03 DIVISION: CIVIL Plaintiff, BREACH OF CONTRACT vs. JURY TRIAL DEMANDED ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY Defendant(s). MOTION TO LIFT STAY AND ORDER FOR PARTIAL SUMMARY JUDGMENT COMES NOW PLAINTIFF, HUBERT NOCENTO, PRO-SE, in the above style captioned cause and moves this court pursuant to F.R.O.C.P, Rule 56 C (d)(2), Moore’s Federal Practice: 56.91- [1](3d)ed,2013 for Partial Summary Judgment and Motion to Lift Stay. Plaintitt does not request oral arguments. (1) On December 21, 2012, Plaintiff filed suit for Breach of Contract for Defendant's Failure to Satisfy Claim Settlement according to Florida Statute 319.30. (2) On March 05, 2013 Defendant filed a Motion to Dismiss and/or Compel Appraisal. See Exhibit (1P). (3) On April 01, 2013 Plaintiff filed for Default Entry, which was Unopposed. Florida Rules of Civil Procedures, Rule 1.140 (c). See Exhibit (2P). (4) On January 09, 2014 this court entered an Order Granting Detendant’s Motion to Compel. (5) On February 07, 2014, Plaintiff filed Motion in response to the May 20, 2014 order. See Exhibit (3P).CASE NU.: 1Z-353555-03 (6) On Aprif 28, 2014 Plaintitf complied with the Court Order and forwarded copies to Defendant via certified mail. See Exhibit Attached (4) (P). (7) On November 03, 2014 Defendant’s Motion Claimed Plaintiff failed to comply with appraisal process, which in fact is a “de nova” Issue. Defendant failed to pay the claim in the amount of $21,496.08 and Breached the Contract. WHEREAS, grounds for entry of Rule 56 C is based on affirmative defenses of “ordinary course” of payment and contemporaneous exchange for new value. WHEREAS, this Court and Defendant received filed copies of the requested response for appraisal Order Compelling Plaintiff to Comply. See Exhibit (4P). WHEREAS, the vehicle’s value was not an issue, only the settlement claim amount which was established and never paid. : WHEREFORE, Plaintiff seeks relief for Partial Summary Judgment in the amount of $325,709.59, and Asks that the Stay be Lifted in this action, Ordering Defendant to Pay Plaintiff, setting all other Triable issues for Jury Trial. ited on this 24" day of Noyember, 2014. fubert Nocento, PI , Pro-Se 215 NW 60" Avenue Margate, Florida 33063-5170 Phone: (954) 260-7062 Respectfully Subj EnclosureCASE NO.: 12-35355-03 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy ot the toregoing MOTION TO LIFT STAY AND ORDER FOR PARTIAL SUMMARY JUDGMENT has been submitted via US Certified Mail: # 7014 O50 000) 2628 679 (Returned Receipt Requested) to Allstate Property and Casualty Insurance Company, or to Attorney for Defendant(s), Yasser R. Kader, Law Offices of Holly W. Carroll, 110 SE eh Street, Suite 1800, Fort Lauderdale, Florida 33301-5015, Attorney Direct Phone (954)-767-1394/Fax (954) 774-5473/Phone (954) 760-4878 on this 24°" day of November, 2014. Hubert Nocento, Pro Se, Plaintiff 215 NW 60" Avenue Margate, Florida 33063-5170 Phone: (954) 260.7062IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ATRUE COPY APR 28 2014 CIVIL DIVISION noWaRD c ronmay ‘CLERK OF THE CiRcUIT BROWARD COUNTY, FUN HUBERT NOCENTO ) CASE NO.: 12-35355-03 ) JURY TRIAL DEMANDED Plaintiff, ) MOTION TO COMPLY WITH ) ORDER OF APPRAISAL AND TO vs. ) LIFT STAY GRANTING PARTIAL ) SUMMARY JUDGMENT ALLSTATE PROPERTY AND ) CASUAL INSURANCE COMPANY ) : ) Fp>;.. Defendant(s). ) RECE beg ) APR 2 § 0m MILY RODRIGUEZ Powe LL Plaintiff's Motion in compliance of Order of Appraisal; to lift stay and to Grant Partial Summary Judgment. COMES NOW PLAINTIFF PRO-SE in the above captioned cause and the undersigned in this matter and as stated: Under the surrounding circumstances; Evidently, Defendant’s attempts to delay due process has failed. See Exhibit 10X (Email) Attached. Settlement made (1) Defendant demanded the appraisal process subsequent the Final Settlement of Claim was paid in the wrong amount. See Exhibit 8X (Copy of Check) Attached.Total Loss (2) Defendant declared the vehicle a total loss. Consequently, no appraisal process was necessary to know the amount that was clearly established as stated. Breach of Contract (3) Defendant knew, when declaring the vehicle a total loss the property no longer’ becomes the responsibility of the Insured. (4) Defendant made a decision not to repair the vehicle. Plaintiff agreed and refused to accept the salvage or pay for the deducted amount that was withheld by Defendant without authorization from the Insured. Demand for Payment (5) Plaintiff demanded the $21,496.08 and refused the disbursed check in the amount of $13,878.25. Said check was returned for correction to Defendant. Breach of Contract (6) Defendant Breach of Contract was intentional, deliberate, willful, and Defendant should not have forced Plaintiff to purchase the salvage vehicle for $7,617.83. (7) Defendant had a duty to the Insured to pay the $21,496.08, and take possession of the salvage and auction the vehicle as it is to the public or take bids to recover the loss. (8) Plaintiff can’t be held liable for Defendant’s unwillingness to settle a claim and or : Defendant’s negligence in not removing the property that was declared a Total Loss by the Insurer’s Appraiser. (9) Defendant’s appraiser made an appraisal to declare the vehicle a total loss and refused to pay the full loss as stated. (10)Defendant never paid the loss. Defendant referred to Florida Statutes and claimed a right to make such decision and, in fact, did so. (11)Defendant needed an appraisal to know the salvage value. Plaintiff was not interested in the salvage vehicle, if it could not be repaired as expressed by defendant. (12)Defendant thought that Plaintiff would pay any.amount for the vehicle without firstasking Plaintiff the question of Intent. No discussion of purchase was exercise by the parties. Whereas, one of a like kind must apply since Defendant Breached the Contract and the vehicle was lien to satisfy the storage. Whereas, Defendant declared the vehicle a Total Loss and should be held liable for the vehicle and its whereabouts. It’s a little too late to pay $19,999.16 as requested four years ago. Plaintiff had to file this case in court. See Exhibit 6X Attached. “There is no completion, no material, no building, only sawdust in the contraction” (to avoid Breach of Contract), Eyeleads, D.A. “The uraeus can’t explain the asp to be found” (neither could the Defendant in this case). Eyeleads, D.A. (Defendant acted in bad faith). Whereas, had Defendant not decided the vehicle a Total Loss, the Hummer Dealer would have repaired the vehicle. See Exhibit 5X Whereas, had Defendant paid the full amount as said and not $13,878.25, this case would have never been filed for Breach of Contract and Bad Faith. Whereas, Defendant knew and or should have known that the repair shop had a right to or not to sell the property according to Florida Law, the Body Shop used that right, and did lien the vehicle. See Exhibit 2X. Whereas, Defendant was firm in utilizing the Florida Statute. | The amount of $21,496.08 was accepted and was not paid. Defendant’s July 31, 2009 letter clearly indicated that: “If this settlement amount is not accepted, we are requesting that you comply with the provision in the Allstate Automobile Policy”. Relative to the Right to Appraisal. This letter was signed on July 31, 2009. See Exhibit 3x. Whereas, Defendant claim that Plaintiff filed this suit which is correct. Plaintiff denied that this suit was over “Disputes with respect to the Amount of Damages to the Insured Vehicle.” See Exhibit 12X (Defendant Motion to Dismiss and/or Compel Appraisal). Whereas, Plaintiff cites “Post Hoc Ergo Proctor Hoc” as legal foundation to prove | negligence on Defendant's behalf. Defendant agreed that the vehicle was a total loss and did, in fact, total the vehicle and insufficiently paid the claim and without consent or agreement from the Insured. Defendant forced the’Insured to pay for the Salvage. Defendant had a legal obligation to pay for the storage. Because of the Defendant’s negligence in handling of thisclaim involving said vehicle, Plaintiff suffered loss as indicated. Please be reminded that Insured demanded the settlement amount, which was never paid. Whereas, Plaintiff maintains that no appraisal was necessary since the vehicle was declared a total loss by the Defendant. 7 Whereas, Defendant moved to compel the Appraisal Provision which was allowed by the court, as argued by cases that was upheld. None of the cases declared the vehicle a total loss as required by Florida Statute. Under the Surrounding Circumstances of this case and cases- relied upon by the Defendant, this court erred by granting the Appraisal Provisions since no need was evident to determine the value of salvage for the Appraisal Process, concerning amount of damages merely because Plaintiff had a disinterest to purchase the salvage. Whereas, Plaintiff had no reason to know the value of the salvage. Plaintiff's only demand was to be paid in full for the claim and not the vehicle. Whereas, Defendant refused to pay the full amount. No appraisal can force Plaintiff to pay for the salvage, which was a Total Loss, as declared by the Insurer. Whereas, Plaintiff saw no need or interest in the salvage and used the right not to seek the appraisal. Appraisal Process Whereas, (1) Since that the Defendant declared on July 31, 2009, as restated to conclude the final offer, which is as follows: ¢ Actual Cash Value $20,718.00 © Tax $ 1,243.08 e Tag Transfer Fee S 35.00 Subtotal $21,996.08 Less Deductible $ 500.00 Total Settlement Amount $21,496.08 “If this settlement amount is not acceptable, we are requesting that you comply with the provision in the Allstate Automobile Policy relative to the Right to Appraisal”. Defendant, Direct Online Appraisal Services, Inc. 200 Banks Rd, Suite 201F, Margate, Florida 33063, 954-974-6071 By Paul Benkovic, Alistate Property and Casualty Insurance Company.Whereas, Defendant did not adhere to their own letter, dated July 31, 2009 and reneged. Furthermore, Defendant’s letter was automatically cancelled and replaced with the August 07, 2009 letter. ° (2) Allstate issued a check dated August 10, 2009, for a total settlement offer: $13,878.25. Please be reminded, the July 31, 2009 letter requested the Appraisal Provision. Nine days later, Breach of Contract was executed by the Defendant, thereby eliminating the need of the requirement for Appraisal Process, as stipulated by said letter. Appraisal Process Herein stated, (1) Both have a right to appraisal as expressed by Policy Declaration. See Exhibit 7X. (2) Defendant declared the vehicle a Total Loss based on Florida Statute 319.30. (3) Defendant agreed to repair or pay the Actual Cash Value. See Exhibit 3. (4) Defendant Breached the Contract by Failing to: (A) Repair the Vehicle (B) Replace the Vehicle (C) Pay the Actual Cash Value (D) Replace with “One of a like kind and quality” (5) Plaintiff refused to buy the salvage from Defendant (6) Defendant refused to pay Plaintiff the Actual Cash Value (7) Defendant refused to fix the vehicle (8) Defendant abandoned the vehicle and should not have, after declaring the vehicle a Total Loss. . (9) Florida’s Statute 713.585 allows the garage to charge storage and/or place a lien on vehicle for outstanding monies. See Exhibit 2X. (10)Defendant knew or should have known, after declaring the vehicle a total loss, as always, the vehicle is the responsibility of the insurer, not the Insured. See Exhibit 11x. (11) This claim was settled in the amount of $21,496.08. Defendant issued a check in the amount of $13,878.25, which is in violation, based on Florida Statute 319.30. Whereas, Defendant knew that this suit is a Breach of Contract Case and stated differently. . . Whereas, Defendant circumvented and orchestrated plots to make the impression that Plaintiff wanted additional money.Whereas, Defendant discussed the case with the court in order to keep information of motion filed from the Trial Judge. (See Exhibit 10X). . : Whereas, Defendant should be sanctioned for Interfering with Due Process of Law, together with the Filing of Wrong Information Stating that “One of a Like Kind” was not in Plaintiff's Policy. Whereas, Defendant has tried everything to block, stop, knock and mock the court in doing wrong. Defendant's only response was the one (1) Motion to Dismiss and/or Compel the Appraisal Process. Defendant cannot deny wrongful acts. Defendant did everything wrong. Appraisal Order Whereas, (1) Plaintiff complied with the court order for Appraisal Provision. (See Exhibit 4X). Whereas, (2) according to Florida Statute713.585-6, the vehicle in question was sold at auction to satisfy storage fees. See Exhibit 2X. Whereas, (3) Defendant knew or should have known after declaring according to Florida Statute 319.30: “When an insurance company pays the vehicle owner to replace the wrecked or damaged vehicle with “One of a Like Kind and Quality”. Whereas, (4) Defendant clearly stated: “Therefore, under this definition, your vehicle is considered a total loss”. Defendant’s August 07, 2009 signed letter to Plaintiff (Final Offer). Whereas, (5) Defendant relied on Florida Law to close the case, so as the repair shop relied on Florida Law to Lien and Auctioned the Vehicle. Whereas, (6) Defendant failed to remove the vehicle due to the storage amount of money owed to the repair shop and should have removed the vehicle in August of 2009 after the Implementation of Florida Statute 319.30 was executed. Whereas, (7) the vehicle transfer fee was included in the settlement. Plaintiff is no longer the owner of said vehicle declared a Total Loss by Defendant and the State of Florida. Whereas, (8) Defendant, according to Florida Law, had 72 hours to act after declaring the vehicle a Total Loss. Defendant did, as always, NOTHING. ‘ .Whereas, (9) Defendant knows the law, knew ways to use the statute not to repair the vehicle. Defendant knew the vehicle would have been lien and had ample time to resolve or . mediate this claim, but refused. Defendant used counsel to indulge in an Act of Bad Faith and Breach of Contract. Whereas, (10) Plaintiff had reasons to defend this claim after being forced to pay for the Salvage and refused to accept to pay the $7,617.83, while Defendant wanted the Statute of Limitation to run its course. Whereas, (11) Defendant gave Plaintiff an option: Buy the Salvage because no attorney will represent you and the Statute of Limitation will, of course, run out. Whereas, (12) Defendant Breached the Duty to Plaintiff and allowed the vehicle to be sold and HAS NOT PAID THE CLAIM to Plaintiff. Whereas, Plaintiff is entitled to a replacement vehicle which is as per the Policy Declaration Agreement, giving authority and confirmation in light of Defendant's failure to act, to repair,-to replace, to pay the Actual Cash Value (A.C.V) and/or the replacement vehicle which is one of a like kind and quality replacement value. Whereas, Coral Cadillac (The Hummer Dealer) Purchase Order for the replacement vehicle should be paid to satisfy the loss since no action to fully satisfy the claim was made after the check was returned to the Defendant. See Exhibit 9X. Whereas, since the claim was not satisfied and no need was necessary for the appraisal process, Defendant invoked Florida Law and Statute to claim the vehicle a salvage. Defendant knew or should have known that no appraisal on a Total Loss was important to enforce or demand. Plaintiff complied with the order of the court. Whereas, the settlement agreement was concluded, a check issued, the vehicle declared a salvage. Whereby, Plaintiffs claim was underpaid by the Defendant, and never satisfied. Whereas, Defendant’s letter to request the appraisal has been cancelled automatically after a short notice of only nine (9) days to satisfy the Appraisal Provision Requirement intended to resolve repair damages. Whereas, Defendant directly voided the appraisal by declaring the vehicle a total loss. See Exhibit 1X. :Whereas, Defendant failed to reissue and or correct the wrong amount on the check and failed to pay the claim, knowing that the vehicle is a Total Loss. See Exhibit 8X. Whereas, Defendant had no intention to pay more than $13,878.25 and as a result, after four (4) years of hardship to Plaintiff accordingly, Defendant must pay Plaintiff the replacement value in the amount of the purchased amount in the sum of $79,486.59. See Exhibit 9X. Whereas, Defendant Breach the Appraisal Provision by moving to drop the Appraisal Provision by Implementing the Statute declaring the vehicle a Total Loss. See Exhibit 1X. PAYMENT OF LOSS — Part V In Part: “We may take all or part of the property at the agreed or appraised value”. (Florida: Allstate Declaration Book. Page 18) Whereas, Defendant contrary to the established guidelines did the opposite by: valuing the property before an agreement of an appraised estimate, which is a Breach of Contract by charging Plaintiff for the Salvage, and not paying the claim in full after the check was returned. See Exhibit 7x. Whereas, Defendant cannot revert to the Appraisal Provision since Defendant issue the letter of Final Loss. See Exhibit 1X. CONFIRMATION OF LOSS — CACE # 12-35-355-03 {n all concluded reports, the vehicle is a Total Loss and Defendant refused to give Plaintiff time after the July 31, 2009 letter to comply with the Policy Appraisal Provision. _ (1) The Policy never gave nine (9) days to comply with the appraisal process. (2) Plaintiff had no time to comply with the letter of July 31, 2009 and never failed to do so. As evident, the vehicle was considered a Total Loss. (3) Florida Statute allowed the Insurance to do so as pleased. (4) Two Settlement offers were made by Defendant. One for $21,496.08 and the other "for $13,878.25. : (5)-Plaintiff refused to buy the salvage for $7617.83 and accepted the $21,496.08 by returning the check back to Defendant. Defendant refused to pay Plaintiff the $21,496.08.CONCLUSION OF EVIDENCE PARTIAL SUMMARY JUDGMENT In Concluding, the acts by Defendant’s August 09'" letter demonstrates intentional and planned deceptive behaviors, practices of conspiracy by Defendants, who deliberately conspired and who meticulously, willfully ‘converted the July 31* letter to associate it with the same total of the August 09 letter , then deducted $7617.83 paying Plaintiff $13,878.25 creating the same payout figures of the Total Claim Amount of $21.489.00 Plaintiff is entitled to one of a like kind and together with the daily reimbursement of a comparable vehicle which is $97.00 per day, to be submitted and raise at final submission of the issues to be tried by Jury Trial. See Exhibits 1X, 3X and 8X. Whereas, Plaintiff submits to this court pursuant to F.R.C.P Rule56: CONCLUSION OF FACTS - CACE 12-35355-03 $13,878.25 Issued Check was Returned to Defendant $ 7,617.83 Defendant's Salvaged Value $21,496.08 Total of Settlement Claim Fraudulent Acts Whereas, Defendant fabricated ways to steal. monies from Plaintiff which was fraudulently done. (1) Letter of July 31, 2009 settlement amount $21,496.08 automatically was cancelled. (2) Letter of August 07, 2009 indicated the following: S$ 1243.08 6% Sales Tax $ 35.00 Transfer Fee $21,496.08 Total Amount - § 500.00 Deductible S 7617.83 Salvage As shown above, both Settlements total mathematically the same amounts $21,496.08. In order to find way to avoid payment to Plaintiff, Defendant never paid the claim. Whereas, Plaintiff never received any settlement after returning the check, due to Defendant’s negligence, Breach of Contract, and Bad Faith. Plaintiff is entitled to Partial Summary Judgment since no genuine issues are left to be tried in this matter, and according to law, judgment should be granted.10 Wherefore, Plaintiff asks this Honorable Court that the Stay imposed by the court be lifted and all issues set for Jury Trial for Breach of Contract, Fraud, Bad Faith and Partial Summary Judgment granted in the amount of $79,486.59, not limiting interest and court costs which the court deems just and equitable together with provisions for sanctions. Respectfully Submitted this 28" day of April, 2014 By: tt} Hubert Nocento 215 NW 60 Avenue Margate, Florida 3306311 CERTIFICATE OF SERVICE | hereby certify that Plaintiff's Motion in Compliance of Order for Appraisal Process, To Lift Stay and To Grant Partial Summary Judgment, along with a Copy of the Foregoing Documents, has been mailed to Defendant, at the following address: Law Offices of Holly W. Carroll, 110 SE 6" Street, Suite 1800, Fort Lauderdale, Florida 33301-5015, on this 28™ day of April, 2014. Respectfully Submitted this 28" day of April, 2014 By; Hubert Nocento 215 NW 60 Avenue Margate, Florida 33063ix e Exaerr 1X Flor:da @Allstate... 2°". @MARGATE FL 33063 You're in good hands pole bldg gtd fete fetal HUBERT NOCENTO 215 NW 60TH AVE MARGATE FL 33063-5179 August 07. 2009 INSURED HUBERT NOCENTO - PHONE NUMBER: 800-286-1693 DATE OF LOSS June 30. 2009 FAX NUMBER 866-373-8073 CLAIM NUMBER 0142126531 OFFICE HOURS Mon-Fri 8 00 am- 5 30 pm. Sat 8 00 am- 2 00 pm Dear Mr Nocento It is unfortunate that we are at an impasse in the settlement discussions on the value of your 2003 Hummer H2 On 07/31/09 [ sent out a letter demanding an appraisal pursuant to the “Right of Appraisal” provision as per Part V—Protection Agaimst Loss to the Auto p 26 of the Allstate pol y Additonally. have requested the name and contact number for your attorney. which you have not provided me with Our good faith attempts to achieve an amucable resolution have resulted in no response or cooperation Asa result, Allstate is tendenng the payment for tts appraised ammount. including the tax and utle fee less the deductible and any salvage value for the vehicle Your vehicle is covered by an Allstate Property and Casualty Insurance Company Auto Policy Pursuant to the following auto policy janguage Allstate's lrmmut of lability 1s the least of L the actual cash value of the property or damaged part of the property at the trme of the loss, which may include a deduction for depreciation. or a 2 me cost to repair or repiace the property Or part 10 tS physical condition ai che time of loss using parts produced by o¢ tui the velucle’s manufacturer. or parts from other sources including, but not !imuted to, non-onginal equipment manufacturer subject to applicable state laws and regulations As the cost to repair the velucle 1s at least 80% or higher than its value Allstate has the chotce of paying to repair or paying the actual cash value of the velucle Allstate has elected to pay the actual cash value Therefore I have enclosed payment for actual cash value. which would include the 6% sales tax ($1243 08) and a uile transfer fee of $35 00 for a toral arnount of $21996 08 less your policy deductible of $500 00 and salvage ($7617 83) fora total settlement offer of $13878 25 Please note that Flonda law statue 319.30 defines a total loss as “when an insurance company pays the velucle owner to place the wrecked or damaged velucle with gne of hike land and quality” Therefore under this definmmon. your vehicle 1s considered a total loss Accordingly. vehicles deemed a total loss require a salvage certificate of ttle Flonda law also requires that “an insurance company which pays money as compensation for total loss of a motor vehicle of mobile home shall obtain the certificate of title for the motor velucle or mobile home and. within 72 hours after receiving such certificate of nile. shall forward such ttle to the department for processing " Since Allstate ts not in possession of the utle to your vehicle it will be your responsibility to forward the nile to the State of Flonda and [ will advise them of suchoP went. should sou decide to reconsader your PosHTAN Lu LO the statue of immanent and surrencer ine ttle to the vemet > tor payment of hangs to resapen the claim and rev ners the cane deduce the salsa Sincereis PAULL BENKOVIC DAL L BENKROVIC NOO-2N6- 1693 Ext, S137 silstate Property and Casualty [nsuranes CompanyExXHiait 296 Fewer 2x TED AMERICAN LIEN & RECOVERY April 8, 2014 Hubert C Nocento 215 NW 60 Ave Margate, Florida 33063 RE: 2003 Hummer VIN#: 5GRGN23UX3H106311 Dear Mr. Nocento, This letter in confirmation of our conversation. We were hired by Mega Auto Body & Collision Repair, to place a mechanic's lien on the above mentioned vehicle. The last day of payment or auction on the vehicle was on October 12, 2012. Since you did not pay off the outstanding charges, the car was offered up at auction to satisfy the monies owed to the repair facility. We did not receive any bids regarding this vehicle. So, based on the Florida Statute 713.585, we applied for title on behalf of the repair facility. Cordially, wa Ned Karen Sawyer “Established in 1964" (954) 563-1999 UNITED AMERICAN LIES «P.O. BOX 5623 FT. LAUDERDALE, FL 33310 - BRANCHES: FLORIDA & NEW JERSEYExner 3 x SmnaT BK Florida Atlantic Central @WAlistat 5297 W. COPANS ROAD MARGATE FL 33063 Youre mn good hands. Felden DANE ee He to Hel HUBERT NOCENTO 215 NW 60TH AVE MARGATE FL 33063-5170 July 31, 2009 INSURED HUBERT NOCENTO PHONE NUMBER 800-286-1693 DATE OF LOSS June 30, 2009 FAX NUMBER. 866-373-8073 CLAIM NUMBER 0142126531 OFFICE HOURS: Mon - Fn 8:00 am - 5.30 pm, Sat 8-00 am - 2:00 pm Dear Mr Nocento, It 1s unfortunate that we are at an impasse in the settlement discussions on the value of your 2003 Hummer H2. I wanted to take this opportunity to restate our offer to conclude this matter, which 1s as follows . Actual Cash Value $20718 00 . Tax 1243 08 : Tag Transfer Fee 35.00 . Sub total $21996.08 : . Less deductible 500 00 — . Total Settlement Amount $21496 08 If this settlement amount 1s not acceptable, we are requesting that you comply with the provision in the Allstate automobile Policy relative to the nght to appraisal This provision ts found in Secon V of the policy entitled, “Right to Appraisal.” which states “Both you and Allstate have a night to demand an appraisal of the juss Each will appoint and pay a competentand disinterested appraiser and will equally share other appraisal expenses The appraisers, or a judge of a court of record, will select an umpire to decide any differences Each appraiser will state separately the actual cash value and the amount of loss An award in writing by any two appraisers will determine the loss amount payable ” Please consider this letter as our demand that the appraisal process be initiated Please let us know the name, address and telephone number of your appraiser, so that we may provide that information to our appraiser for contact purposes Also, we need to let your appraiser know the location of the vehicle In the event you decide to forego the appraisal process and accept our most recent value of $20718 00 (before tax/tag/deductible), please call me ammediately at 954-978-8137 Once we have initiated the appraisal process, the amount determined ‘by the appraisal process then becomes the final settlement of the total loss 0142126531Should you or your appraiser have any questions, please feel free to contact me at the number shown above Allstate will be using Direct Online for our appraisal Their contact information is below: Direct Online Appraisal Services, Inc. 2000 Banks Rd Ste 201F Margate, Fla. 33063 954-974-6071 Sincerely, PAUL BENKOVIC PAUL BENKOVIC 800-286-1693 Ext 8137 Allstate Property and Casualty Insurance Company GENI00198/24/2009 at 11:48 AM 12302 Day: Evening: Inspect Location: Insurance ALLSTATE Company: POMPANO BEACH, (954) 426-1800x400 Fax: AUBERT NOCENTO HUBERT NOCENTO CORAL CADILLAC License #:# 39 Federal ID #: 591565757 " THE DEALER IS IN * 5101 N. FEDERAL HIGHWAY PRELIMINARY ESTIMATE Written By: Adjuster: Job Number: FL 33064-7091 (954) 427-5360 Claim #0001421126531D01 Policy # Deductible: Data of Loss: Type of Loss: Point of Impact: 12. 003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int IN. 5GRGN23UX3H106311 Lic: ir Conditioning ruise Control eyless Entry Sar Window Wiper jal Mirrors verhead Console Lear Coat Paint Swer Windows ower Passenger Seat 4 Radio ‘ssenger Air Bag 7 mmunications System eilering Package Prod Date: Rear Defogger Intermittent Wipers Alarm Steering Wheel Controls Privacy Glass Luggage/Roof Rack Power Steering Power Locks Power Mirrors FM Radio Search/Seek Anti-Lock Brakes (4) 4 Wheel Disc Brakes Cloth Seats Automatic Transmission Aluminum/Alloy Wheels 2" Repl Qual Recy Parts frame assy 1 +20% 3 R&l Trailer hitch 4 FRONT SUSPENSION 5 Pepl Bl brake sys 1 Front Days to Repair Odometer: 78014 Tilt Wheel Climate Control Oual Air Condition Message Center Console/Storage Winch Power Brakes Power Driver Seat Heated Mirrors Stereo CD Player Driver Air Bag Traction Control Bucket Seats 4 Wheel DriveJob Number: 08/14/2009 at 11:48 aM 12302 PRELIMINARY ESTIMATE 2003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int: Rpl exhaust system ar R&I RT Converter 6 pipe Q* RéI LT Converter & pipe 10 R&I R&I exhaust assy rearward of manifolds 11 STEERING GEAR & LINKAGE 12 R&I R&I gear assy m 1.0M 13 P&I P/S cooler m Incl. M 14 Deduct for Overlap -0.3M 15 COOLING 16 Repl Trans cooler 1 228.60 m Incl. 17** Repl A/M Radiator 1 273.00 m Inel. 18 Repl Fan shroud 1 76.74 Incl. 19 Repl Recovery tank 1 70.24 Inel. 20 7 FRONT BUMPER 21 O/H front bumper 1.8 22 Repl Upper cover 1 390 1] Incl. 23 Repl Bumper 1 348.71 Incl. og 24 Add for Clear Coat 0.4 25 HOOD & GRILLE 26 Repl Grille 1 504.80 Incl. 27* Repl Brush guard 1 964 66 03 28 Repl Hood 1 1447 93 41 3.5 23 Add for Clear Coat 14 3 Add for Underside (Complete) 18 31 Repl Louver 1 132.47 Incl 32 Repl RT Hinge assy 1 88 80 03 04 33 Add for Clear Coat ol 34 Repl LT Hinge assy 1 84 43 0.3 o4 35 Add for Clear Coat O.1 3 Repl Insulator pad 1 122.81 Incl 37 FRONT LAMPS 38 Repl RT Headlamp assy 1 276 45 Incl. +3 ®2epl LT Headlamp assy 1 274 08 Incl Aim headlamps a5 Pepl RT Park/turn lamp © 1 123 82 Incl Repl LT Park/turn lamp 1 116.61 incl “RADIATOR SUPPORT . . Fepl Radiator support : 1 910.36 9.4 1.8 AIR CONDITIONER & HEATER Pepl A/M Condenser 1 164.00 m Incl. FENDER Repl RT Opper rail i 295.75 58 35 10 Overlap Minor Panel -9 2 Ppr RT Apron panel $ 4.0 14 Overlap Major Non-Adj. Panel -0.2 135 Pepl RT Fender 1 mete. - -12302 Repl Repl Repl Repl Repl Repl Repl R&I Repl Rpr Rel Rpr R&I Ret R&T Ret Rat R&I Ret R&I R&I R&I R&I 48 AM PRELIMINARY ESTIMATE 2003 HUMM H2 8-6.0L-FI 4D UTV BLACK Int: Add for Clear Coat Add for Edging LT Fender Overlap Major Adj. Panel Add for Clear Coat Add for Edging ELECTRICAL Upper cover WINDSHIELD Windshield NAGS RT Outer molding Upper molding Engine shield Stg rod relay carpet RT Wiper arm FRONT DOOR LT Outer panel Overlap Major Adj Add for Clear Coat RT Belt w'strip RT Outer panel Overlap Major Adj. Panel Add for Clear Coat LT Belt w'strip RT Mirror outside black LT Mirror outside black RT Door glass GM LT Door glass GM RT Handle, outside black LT Handle, outside black RT R&I- trim panel LT R&I trim panel RT Nameplate "H2" LT Nameplate "H2" ROOF Roof panel w/sunroof Overlap Major Adj. Panel Add for Clear Coat HAZARDOUS WASTE REMOVAL COOLANT EVACUATE CAR COVER SET - UP & MEASURE UNIBODY PULL FT UNTBODY 4 WAEEL AL Panel & RECHARGE A/C QTY EXT. Pee ey Pee eee Job Number: PRICE LABOR 330.03 1.1 52.87 219.80 2.6 49.60 Incl. 42.63 438.34 255.52 0.7 w 20 32.03 Incl. SO 3.5 -0.4 0.6 0.3 3.0 3.5 —~ aa 0.6 9.3 0.4 0.4 0.5 os | 0.4 0.4 Q.5 0.5 02 a2 5.9 5 3 -0.4 1.1 10.00 T 24.00 T 125.00 T 10.00 T 20F 40F 49 399 T08/14/2009 at 11:48 AM Job Number: 12302 7 PRELIMINARY ESTIMATE 2003 HUMM H2 8~6.0L-FI 4D UTV BLACK int. DESCRIPTION QTY EXT. PRICE LABOR 102 Repl Cross rail black 1 298.07 ol 193 INFORMATION LABELS 194 Rpl information labels 03 105 Repl Emission label 1 23.83 Tacl 106 Repl Info label AC caution 1 19 24 Inel 107 STEERING WHEEL 108 Repl Steering wheel 1 281.89 m 0.7 M 1909 STEERING COLUMN 110 Repl Steering column 1 738.65 m 2.2M ill COWL 112 Repl Cowl grille 1 358.32 1.0 1.4 113 Overlap Minor Panel -0.2 114 ENGINE 115 Repl Air cleaner Subtotals 12812.63 100.7 31.5 Parts ; 12553 64 Parts Discount $ 9582.98 -10.08 -958.30 - Body Labor 52.6 hrs @$ 40.00/hr 2104.00 Paint Labor 31.5 hrs @ $ 40.00/hr 1260.00 Mechanical Labor 42 1 hrs @ $ 75.00/hr 3157.50 Frame Labor : 6Ohrs @s 45.00/hr 270 00 Paint Supplies 31.5 hrs @ $ 22.00/hr 693.00 Sublet/Misc. 258 99 SUBTOTAL $19338.83 Sales Tax $19338.83 @ 6.00008 1160.33 GRAND TOTAL $20499.16 ADJUSTMENTS: . Deductible 0.00 CUSTOMER Pay $0.00 INSURANCE pay $20499 16 EPAIR FACILITY CAN ONLY ESTIMATE NOT GUARANTEE THE AMOUNT OF REPAIR TIME ED FOR YOUR VEHICLE DUE TO PRODUCTION DELaYS SUCH AS PAPTS DELAYS, RT PRIC. 3 FINAL COSTS OF REPAIRS ARE SUBJECT TO FINAL INVOICING. IS NO GUARANTEE ON RUST REPAIRS, FOR APPOINTMENTS PLEASE CALL BARRY DUNN -OLLISION COORDINATOR 954/426-1800 ext. 400“NOTICE OF CLAIM oF LIEN ¢ PROPOSED ‘OR VEHICLE 19 SATISFY LIEN j ~-Registerad owe, ' 7 ! ve Customer-____ - CENTO 2S R/O 1 215 NW 60 AVE : MARGATE Fr, 33963 SDo>/Location Of Vehicle MEGA 2UTO BODY SHOP «& COLL Zston REPAIR 8238 NB a AVE UDI RDaLE FL 33304 : 954-523-9337 KNOW ALL- wey sy TRESS e¥ Guly licensed _ eee auctioneers :~ end ction the following vehicle to the highest didder, r 713.585 (5) t Ss Statutes, for the Purpose of satis ft2 lien mentioned tieno-, for kevairg end/or Sto €ssessed Fr. rage *Fom 98/03/12 ) Smer at the rate mation Rade. fF OF any person ¢) @inang STE a Cemang cy = such 2 2nd sending for hear:ag wich 21 other owne:, Tang at aay time prior Sy where the vehicle 15 coszes o: 2A the coun notzce of sateSpa Exner &% SETTLEMENT OFFER This settlement is directed to Allstate insurance company as a good faith attempt to settle this claim. This letter 1s an attempt to resolve this case without incurring the financial tune and commitment of litigation in keeping with the provisions regarding the facts and circumstances as awarded to prevailing party according to law and Florida statute as it relates to damaged property. Further, delays or non-compliance to settle this claim will cause severe consequences. Tendering in full payment of $19,999.16 will be appreciated and will satisfy the claim and deemed closed. In advance, I wish to thank all for a positive, prompt decision and attention in this matter. PLEASE GOVERN YOURSELVES ACCORDINGLY LY Not jodénto Cc. Insurance Division of Florida Paul Benkovic Allstate VP Attorney fileshow viata tating, wan, pn ror af won DV Began cts to rnilanetive on 1 Dinan result fro wow nid toa, freezing, alutticnl tewkiown unless the lt cl whi tng nod (0 jenta, or the result of mveefiamioat il by fire, lallam, Coveruge is hres occurs ut the fiom the anime cause as other hla palley il reproducing, recording, ltting, «4 racelving aystem located in ness the syntem is permanently (1 tathe dashbomd, o1 lwcution specifically designed ‘manufacturer for a radio, we c ulno will not apply to loss to any other upparntus in or on the auto od for une with those sound systems, exclusion will not apply If Covernge ZA In ‘hand, } Sons to any tapou or similar items, unless you luavo Tape Coverage under this policy, 0) Lope 10 1 comper unit whether or not mounted, ‘Thio oxctusion will not apply ifeamper unit eoveriye in shown as applicable on the doclurntions page, 1) Lane to appliances, furniture, equipment and |weonanrion that wre not built into and form a sraner, (12) Loss to your moter home or your travel-traller while rented to anyone: premium is shown on the the rented vehicle. right todemind an ich will appoint and pay a competent and disInterested appraiser and will equally share other appraisal expenses, The seas ‘Judge of a court of record, will select un uinplre to decide any differences, Each Appraiser will state coparately the actual cash value ‘and the amount of loss, An award in writing by any $wo appraiser wl determine the lors amount payable, Foymentof Lose Allstate may pay for the loss in money, or may ‘repair or replace the damaged or stolen property. ‘We may, at any time before the loss is pald or the property is replaced, return at eur own expense any Stolen property, elther to you or at our option t ‘duress shown on the declarations payment for any resulting damage ‘or part of the property at the agreed appraised value JWe may settle any claim or lous elther with ‘your the owner of the property. Civalte of Liabitlyy Allstate's limit of Hlabitity 16 the actual cash value of the property or damaged part of the property ul the sh value will be reduced t Coverage as shown on the declarations page (However, our lability will ‘not exceed what it would coat (0 repulr or repluce the property or part with other of like kind unl uallty JThe limit for loss to any taller is $500, ‘An auto and attached trailer ure consldered ‘sepurate autos, und you must pay the deductible, if ‘any, on each, Only one deductible will apply toan ‘auto with a mounted camper ual, If unmounted, a ‘separate deductible will apply (o the aute and camper unit, ett {there is other insurance covering the loss atthe time ofthe ceden, we wil pay oly our share of ‘dar }, Our share is determines ing thems ot tte Insurance tothe limits of all other Inaurance that applles on the same basis and Gnding the percentage of the total that our Ilmits represent. When this insurance covers a substitute auto or non-owned auto, wo will pay only after all other collectible insurance has been exhausted, ‘When this Insurance covers a replacement autoor additional auto, this policy won't apply If youhave ‘other collectible Insurance. ‘When more than ono coverage is applicable to the Jor May recover under rondest coverage but noi Both. However, any Coverage ZA deductible will lways apply. Actia Allstate Notre oft gue ua Under (ha coverage unless hare Ue fullcompllance with alte term of this policy, IN WITNESS WHEREOP, Allstate has caused this President at Northbrook, Illinois, and, if required by countersigned In the declarations by an authorized ag Secretary544484841 @aasiate peur 8D ‘Youre in good hands Check Details Policy” 961633920 Issued By Claim 0142126531 Allstate Property and Casualty Insurance Company Insured: HUBERT NOCENTO FLORIDA ATLANTIC CENTRAL TOTAL LOSS/THEFT PROCESSOR TEAM SAMANTHA BROOMFIELD Payee HUBERT NOCENTO Check 644484841 “216 NW 60TH AVE, Issued Date 8/10/2008 MARGATE, FL 33063-6170 US Amount 13,878.25 Additonal Comments: In payment for Collision and Comprehensive (Full) for Date of Loss 6/30/2009. Payment Method of Transaction Billed Amount To Type Settlement Reason Amount Pay HUBERT NOCENTO/Collision Loss. Payment Total Loss Regular Collision 13,803 25 USD HUBERT NOCENTO/Comprehensive (Full) > Loss Payment Total Loss Glass 7500 USD 3 s 218 NI IARGATE, FL’33063: 2 fe 7% A PRESENTED WITHIN, THREE AUNDRE! WSRGGALAG Le GOBRREC PAA 329 GOR aerqe bea AN THE RANE = AR Har eae If WeTERMA Si te NOT EIR E THE QRIAIAL NemHrEET Gee Beet BOTHExXHB TAGS) te ine ewer is in 2. 5101 N. Federal Highway, Pompano Beach, FL. 33064 Broward: (954) 425 - 1800 Tri-County: (954) 930 - CORAL Date: 11/24/2009 Stock # o Purchaser: HUBERT o NONCENTO. ss# Driver's License: D.O.B. Co-Purchaser: o 0 o SS# , Driver's License: D.O.B. Address: 215 NW 60TH AV City MARGATE State FL Zip___ 33063 Phone: 954-568-81 Business: New Used Demo Year * 2009 Make HUMMER Model H-2 Body suv Color SILVER EBONY. VIN No. SGRGN83289H1024458 10 _1112412009 _ Salesperson: 0 Selling Pnce ‘$74,155.00 This order shall not become binding until accepted by Accessones/Options: dealer or his authorized representatve. Purchaser by his execution of this order acknowledged that he has read its terms and conditions and has received a true copy of this jorder. . ICONTRACTUAL DISCLOSURE STATEMENT FOR USED VEHICLES ONLY: The informaton you see on the low form for this vehicle 1s part of this contract... Information on the window form overrides any contrary provisions on the contract sale. DEALER SERVICES: include preparation of documents, laffidavits, notary service, temporary tag (if Applicable), ditional profits and ail other services connected or ited with this transaction. The undersigned has been fully advised of the charges and - pproves such changes being made a part of this buyer's jorder. Year o Make 0 Model o Color Body Type o Mileage 0 Vin# 0 SUB-TOTAL: $_ 74,155.00 Trade Allowance DIFFERENCE: ‘$74,155.00 Flonda Law -Waste Battery Fee & Tire Fee $ 1.50 Dealer Services: $ 595.00 TOTAL TAXABLE DIFFERENCE: ‘$_ 74,751.50 State Sales Tax [__6.00%| $4485.09 Tag & Tile ‘$250.00 Comury Tax Service Coniracts (includes tax) ‘SUB-TOTAL 379,486.59 Purchaser: Balance Owed on Trade HUBERT 0 NONCENTO CASH BALANCE DUE $_79,A86.59 Less Partial Payment Co Purchaser: Less Fac Incentve (if applicable) $ 7 0 0 0 CASH DUE CN DELIVERY: $73,486.59 Accepted By AMOUNT TC FINANCE“aaong Sea ren email Folders Inbox Junk Drafts Sent Deleted 4 POP Hardship Letter Pictures New folder Quick views Documents Flagged Photos Shipping updates New category GS) ommnetmanimten EKA 9 New — Reply Delete Archive Junk 7 bubert bot Motion Fo Dismss Eyhibits pdf Notice Of Heaing Download all as zip This is an automatic e-mail message generated by the ePortal system. Please DC RESPOND to this e-mail as the mail box is unattended. Notice of Electronic Filing The following transaction was entered on 03/13/2014 03:07:49 PM ET. Court: Seventeenth Judicial Circuit in and for Broward Count’ Case #: 062012CA035355AXXXCE Case Style: NOCENTO, HUBERT VS ALL STATE PROPERTY AND CASL Document Title: Motion To Dismiss Exhibits Notice Of Hearing Filer: Yasser R Kader , Esquire 954-760-4878 Notice has been electronically mailed to: Name Primary Email ‘asser R Kader, Esquire Hubert Nocento Nintira ie nat cant tn © 2014 Microsoft Terms Privacy Developers English (United States)* ana2dt4 ; Search email Mert ol ee le IL - ot Folders Inbox 1 Junk Drafts Sent Deleted 4 POP Hardship Letter Pictures New folder Quick views Documents Flagged Photos Shipping updates New category Outlook - bobolitu@hotmail.com New — Reply Delete Archwe Junk 7 Nocento v. Allstate Kader, Yasser (Yasser.Kader@allstate.com) Add t To bobolitu@hotmail.com Good Morning Mr. Nocento, | just received your notice of hearing for March 18%. It is my understanding from the judge’s assistant that this hearing has already been cancelled. | just want to make sure that you are also aware that the hearing has been cancelled? Please confirm. Also, | never received a response from you regarding the letter | sent you last week. Yasser Kader Attomey at Law Staff Counsel Allstate Insurance Company Encompass Insurance 110 S.E. 6 Street, Suite 1800 Ft. Lauderdale, FL 33301 Phone: 954-767-1394 Fax: 877-838-0840 This rraterial is privileged and confidential attorney-client communication. To preserve the privileged nature of this message and our attorney w ork- product, recipients should adhere to the following. (1) treat and store this message in a manner consistent with its confidential nanire © 2014Microsoft Terms Privacy Developers Nuidert bok Customi your Inb Personalize y Outlook.con colors and lz the options Learn! AdChowwes.” going nt Search email Folders Inbox Junk Drafts Sent Deleted 7 POP Hardship Letter Pictures New folder Quick views Documents Flagged Photos Shipping updates New category Qutloak - bobo! tu@hotmes!.com Re: Nocento v. Allstate To see messages related to this one, group messages by conversation. Deborah Rosenbaum (drosenbaum@17th.ficourt To Kader, Yasser Cc bobolitu@hotmail com Good morning Mr. Kader, | have reviewed the docket and agree with you that the MSJ should be put on hold until Mr. Nocento ts able to retain an appraiser and be in compliance with the Court'rs Order of January Sth, 2014. | will remove the motion from the docket until such a time when Mr. Nocento is in compliance with the Court's Order. If you wish to file a motion with the Court with regard to compliance with the Court's Order of January 3th then please proceed. Thank you, On Tue, Mar 4, 2014 at 6:54 PM, Kader, Yasser wrote: Hi Debbie, l received your message today regarding Mr. Nacento’s desire to schedule a hearing on his- Motion for Summary Judgment. | have copied Mr. Nocento on this message. We just had a hearing in this case on January gt on my Motion to Dismiss/Compel © 2014Microsoft Terms Privacy Developers Save on m data! o Use your hom Internet from + includes 150 G data/mo. See: Bundle anc Me Internet from , for under $65/ months. See o AdChones,~ azote me : Search email Folders Inbox Junk Drafts Sent | Deleted 7 PoP Hardship Letter Pictures New folder Quick views Documents Flagged Photos Shipping updates New category ‘Outlook - bobalitu@hotmail.com New — Reply Deiate Archive junk $ | received your message today regarding Mr. Nocento’s desire to schedule a hearing on his Motion-for Summary Judgment. | have copied Mr. Nocento on this message. We just had a hearing in this case on January gt on my Motion to Dismiss/Compel Appraisal. Mr. Nocento was present and had an opportunity to be heard by the court at that time. Judge Rodriguez-Powell granted my Motion to Compel appraisal and stayed the legal proceedings until the completion of the appraisal process. (Mr. Nocento--- a stay of legal proceedings basically puts a halt to any legal proceedings until the stay is lifted by the court.) Also, per the court’s order, Mr. Nocento was required to retain a.certified appraiser within 30 days of the order signed by Judge Rodriguez-Powell on January gt 1 do not believe Mr. Nocento has retained a certified appraiser at this point and may be in violation of the court’s order. A5 minute hearing on the matter maybe appropriate so Mr. Nocento can explain why he has not complied with the Court’s order. However, | do not think his Motion for Summary Judgment should be heard at this time since the case has been stayed. Please let me know how Judge Rodriguez-Powell would like to proceed with this matter. | will make myself available for hearing on the matter. Thank You. Yasser Kader © 2014Microsoft Terms Privacy Developers rt bot Experience tl faster with th Internet Expl Take emails . with you. Sy! Outlook.corr devices. Use Convers Threading tc emails in a conversatior Stay tuned n Calendar anc miss a thing Outlook.corr Filters help y emails faster newsletters i more. AdChowesver2014 Search email Folders Inbox Junk Drafts Sent Deleted 7 POP Hardship Letter - Pictures New folder Quick views Documents Flagged Photos Shipping updates New.category (Outlook - bobolitu@hotmeall.com Hew Reply Delete Archive turk (2) do not copy, circulate or disclose this message without first speaking to and obtaining the permisson of the author, and (3) do not restate/discuss this message or the advice it may contain with anyone outside of the fisted recipients wthout first spealong to the author and obtaining her permisaon. From: Kader, Yasser Sent: Wednesday, December 04, 2013 5:24 PM To: Deborah Rosenbaum; bobolitu@hotmail.com Subject: Nocento v. Allstate Please find attached: (1) Motion to Dismiss; (2) Notice of Hearing; (3) Notice of Filing; and a copy of the Plaintiffs Insurance Policy which | will rely on at the hearing. Thanks. Yasser Kader Attomey at Law Staff Counsel Allstate Insurance Company Encompass Insurance 110 SE. 6 Street, Suite 1800 Ft. Lauderdale, FL 33301 Phone: 954-767-1394 Fax: 877-838-0840 This material is privileged and confidential attomey-client communication. To preserve the pnvileged nature of this message and our attomey work-product, recipents should adhere to the follomng © 2014 Microsoft Terms Privacy Developers huoert wat Internet + | for $39 Order AT&T U Internet for $3 mos w/ term £ HBO®/HBOG details Get $200 i! Cards Order U-verse Internet $49/rr mos w/term & Reward Card-< AdChower“aysti2o14 Outlook - bobolitu@hotmall.com ‘ ’ New Rept | Delete Archive frm 7 suinert bul , Search ema _ Re: Nocento v. Allstate Office 3: Folders To see messages related to this one, group messages by $9.99/m conversation. Inbox 3 Deborah Rosenbaum (drosenbaum@17th-flcourt Junk To Kader, Yasser Drafts Ce bobolitu@hotmail com Sent Good morning Mr. Kader, Deleted 3 | would request that you forward to you me your courtesy Create and « 7 av your PC, Ma POP copies through regular mailing channels. Windows 8 1 Hardship Letter phone. Thank you, Pictures New folder On Wed, Dec 4, 2013 at 5:24 PM, Kader, Yasser wrote: Quick views Please find attached: (1) Motion to Dismiss; (2) Documents Notice of Hearing; (3) Notice of Filing; and a copy of the Plaintiffs Insurance Policy which | will rely on at the hearing. Thanks. Flagged Photos Shipping updates New catego!