HomeMy WebLinkAbout96-01932
TRACI BARTOSIC, AS PARENT AND :
NATURAL GUARDIAN OF
AARON BARTOSIC, A MINOR,
Plaintiff:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 960 I'i 1~. C,,;:..t 7J,.'<.
ERIE INSURANCE GROUP,
Defendant
DECLARATORY JUDGMENT ACTION
JURY TRIAL DEMANDED
ACTION FOR DECLARATORY RELIEF
AND NOW comes the Plaintiff, Traci Bartosic, in her capacity
as Parent and Natural Guardian of Aaron Bartosic, a minor, by and
through her attorney, Leslie M. Fields, Esquire, and respectfully
represents as follows in support of this Action for Declaratory
Relief:
1. Plaintiff, Traci Bartosic, is an adult individual
currently residing at 390 West Snyder Avenue, Lansford, Carbon
County, Pennsylvania 18232. She is the parent and natural guardian
of Aaron Bartosic, her minor son.
2. Defendant, Erie Insurance Group, is a corporation duly
licensed in the Commonwealth of Pennsylvania to do business as an
insurance company, with a primary place of business located at 4901
Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Backqround Alleqations
3. During the afternoon hours of August 12, 1993, Plaintiff's
minor children, Joshua Bartosic and Aaron Bartosic, together with
other minors, were playing on and around a sewer cover and adjacent
creek in a wooded area along Dock Street, near its intersection
with Snyder Avenue in the Borough of Lansford, Carbon county,
Pennsylvania.
4. At approximately 5:55 p.m. on Auguot 12, 1993, after they
were finished playing, Plaintiff's minor children, Joshua Bartosic
and Aaron Bartosic, together with JeOBe Breiner and Michael
Breiner, both minors, emerged from the wooded area and attempted to
cross Dock Street near its intersection with Snyder Avenue and West
Ridge Street, when Joshua Bartosic and Jesse Breiner were struck by
a 1983 Datsun Stanza automobile operated by Dennis J. Reis, 304
East Patterson Street, Lansford, who was driving westbound on Dock
Street.
5. As a direct and proximate result of being struck by the
automobile operated by Dennis J. Reis, Joshua Bartosic sustained
fatal injuries; Jesse Breiner also died.
6. At the time of the aforesaid accident, Aaron Bartosic was
standing near his brother, Joshua Bartosic, and eyewitnessed the
automobile striking him and causing the fatal injuries to him.
7. As a direct and proximate result of the accident, and
Aaron Bartosic's sensory and contemporaneous observation of it and
the fatal injuries sustained by his brother, Joshua Bartosic, Aaron
Bartosic has experienced severe emotional impact and suffered
significant mental pain and suffering, emotional distress, anguish,
anxiety and various physical injuries resulting therefrom
including, but not limited to, nausea, headaches, nervousness,
sleeplessness and lack of appetite.
B. Aaron Bartosic has undergone and in the reasonable future
will continue to have to undergo psychological treatment, including
intensive counseling, because of the emotional and physical
injuries he has suffered as a result of watching his brother be
struck and killed by the car.
9. At all relevant times herein, the PlaintH f, Traci
Bartosic, had an automobile insurance policy with Defendant, Erie
Insurance Group, which provisions were in full force and effect at
the time of the aforesaid accident. Defendant has a copy of the
policy in its possession and therefore it will not be attached to
this complaint.
10. The aforesaid automobile insurance policy provides for
first party benefit coverage to the "insured," which the policy
defines as "a minor in your custody." Aaron Bartosic was and is a
minor in the custody of Plaintiff, Traci Bartosic, and therefore he
is entitled to first party benefits under the policy.
11. According to the aforesaid automobile insurance policy,
first party benefits include but are not limited to medical care,
medications, and psychiatric and psychological services.
12. Despite repeated demands by the Plaintiff, Traci
Bartosic, the Defendant, Erie Insurance Group, through its branch
office in Bethlehem, Pennsylvania, has refused to provide first
party benefit coverage to Aaron Bartosic for the emotional and
physical injuries he suffered as a result of the automobile
3
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TRACII3ARTOSIC, AS PARENT AND
NATURAL GUARDIAN OF
AARON IlARTOSIC, A MINOR,
PluintitT
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANI^
CIVIL ACTION - LA \V
v,
ERIE INSURANCE GRotH'.
Dcfcndunt
NO, lJ6 ,1932
DECLARATORY JUDGMENT ACTION
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter my Appearuncc on behulf of Dctcndunt, Eric Insurllncc Group, in thc IIbove.
captioned aClion, rcscrving thc right to liIc IIIi1rthcr Answcr or othcrwisc rcspond to thc
pleadings,
IIARTMAN & MILLER, P,C.
By: ~Ib.t-
u 'M, HlIrtman, Esquire
uprcl11c Ct. (,)), 11219112
Onc Kcystonc PlazlI, Suitc 107
Front lInd Murket Strcets
P. 0, Box 786
1I11rrisburg. PA 171118.11786
Datcd: L//J).;lltJ{;
I
Atlorl1cys Illr ))elcndllnt. Eric Insurance Group
CERTIFICATE OF SERVICE
I, Juck M, lIurtmun, ES\IUire, hereb)' certil)' thutllllllthis duy servingu copy oflhe
lorcgoing documenluponlhe person(s) und in the Illunner indicated below, which service
satisfies the requircmcnts 01' the Pennsylvania Rules 01' Civil Procedure, by depositingn copy 01'
same in the United States mail. Iirst-eluss postage prepaid, us lilllows:
Leslie M, Fields, Esquire
Coslopoulos, Fostcr & Fields
831 Market Street! 1',0, l30x 222
LelJloyne,PA 17043
HARTMAN & MILLER, P,C.
l3y:~'nc. .
k M. Hartman. Esquire
'upreme Ct. 1.0. #21902
One Keystone Plaza. Suite 107
Front und Markct Streets
1'. O. 130x 786
Ilurrisburg, P A 17108-0786
Dated: 'f.;2,;)./ <'/0
/
Allorneys for Delcndunt, Erie Insurance Group
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