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Home My WebLink About01-0942 FX , PENNSYLVANIA NATIONAL MUTUAL: IN THE COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYL VANIA Petitioner , v. : No.: MISCELLANEOUS -=#01- qqJ CmL \. CIVIL ACTION - LAW SCOTT A. HOLTRY, Respondent Petitioner, Pennsylvania National Mutual Casualty Insurance Company, petitions this Honorable Court pursuant to 42 Pa.C.S.A. ~7305 for the appointment of an arbitrator for Respondent and a neutral arbitrator in this underinsured motorist action and represents as follows: 1. Petitioner, Pennsylvania National Mutual Casualty Insurance Company, is an insurance company to whom Respondent has made a claim for underinsured motorist benefits. 2. Respondent, Scott A. Holtry, is an individual residing at 711 Bloserville Road, Newville, P A 17241, who has made a claim for underinsured motorist benefits against Petitioner. 3. Respondent seeks underinsured motorist benefits pursuant to a policy of insurance No. 1200223285. 4. The accident upon which Respondent's claim arises occurred on SR 641 in West Pennsboro Township, Cumberland County. 5. The policy provides that if the insurer and the insured do not agree in the underinsured motorist action whether the insured is legally entitled to recover damages or as to the amount of damages which are recoverable by the insured and the matter may be arbitrated. 6. It is further provided in the policy that "Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a Judge of a Court having jurisdiction." 7. By correspondence dated January 14,2000, counsel for Petitioner advised counsel for Respondent that Petitioner named William Adams of Carlisle as their arbitrator and requested that Respondent designate their arbitrator as soon as possible, a copy of said correspondence is attached hereto as Exhibit "A" and made a part hereof as if set forth in full. ~ - . ~ "~ ,- .~ -" -.. . -,", " ~ .h ," 8. On February 18, 2000, counsel for Petitioner again requested a response from counsel for Respondent, a copy of said correspondence is attached hereto and made a part hereof as Exhibit "B". 9. A further request for counsel for Respondent was made on May 5, 2000, a copy of said correspondence is attached hereto and made a part hereof as Exhibit "C". 10. To date, counsel for Respondent has not narned an arbitrator. II. Respondent, in spite of oral and written demands by Petitioner, has failed to select an arbitrator in accordance with the terms and provisions of the insurance policy. 12. Respondent's failure to appoint an arbitrator has prevented Petitioner from moving forward to arbitrate this matter. 13. Respondent requests this Honorable Court enter an Order appointing William Douglas as a second arbitrator to serve as if appointed by Respondent and in accordance with the arbitration provision contained in the applicable insurance policy and to appoint a C. Roy Weidner, Jr., as the third arbitrator in this matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Dated: January 5, 2001 ,-',,~A~_ .,,,.~_ L :: ~ .L L )gi , ' ~"~" ~. . ~ v, .'_.;~"" "'>>'-""'iR! THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW _ JOSEPH P. HAFER JAMES K. THOMAS, n ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H. JORDAN, JR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J, SPEAKER DOUGLAS B. MARCELLO PAULJ.DELLASEGA OF COUNSEL JAMES K. THOMAS 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG. PA 17108 (717) 237-7100 FAX (717) 237-7105 WRITER'S DIRECT DIAL NUMBER SARAH W. AROSELL EUGENE N. McHUGH STEPHEN E. GEDULDIG KAREN S. COATES GARY T. lATHROP TODD B. NARVOL JAMES J. DODD-O KEVIN C. McNAMARA BROOKS R. FOLAND JOHN FLOUNLACKER JOHN M. POPILOCK MICHELE J. THORP G. CHRISTOPHER PARRISH CLAUDIO J. DiPAOLO RICHARD K. LAWS DRUMMOND B. TAYLOR (717) 255-7238 E-mail: DBM@tth1aw.com January 14, 2000 Michael 1. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 RE: Insured: Policy No.: D/O/L: Charles L. Holtry, Susan M. Holtry, Scott A. Holtry 126 6223285 9/26/97 Dear Michael: I ani writing pursuant to our phone conversation with regard to the above-captioned matter. As I indicated in our conversation, I have been requested to represent Penn National with regard to your underinsured motorist claim on behalf of Scott Holtry. Please be advised that we have named Attorney William Adams of Carlisle as our arbitrator in this case. Please designate your arbitrator as soon as possible. Our respective arbitrators may then choose a third arbitrator and we can proceed to schedule this matter. I have enclosed Releases to obtain records with regard to your client's claim. First, enclosed please fmd a Release of any and all high school records and information. Secondly, I have enclosed information for the Release of college records. There were some indications in his deposition that he had considered attending college. I would appreciate if you could advise me if he has in fact decided to attend college and, if so, the name of the institution. As you can appreciate, information as to the coverage of the tortfeasor, Mr. Green, is necessary with regard to our claim. I would appreciate if you could forward any information, documents or writings from State Farm with regard to the coverage in defense of Mr. Green. Also, please forward copies of the executed Release and other documents relative to the resolution ofthe underlying case. . . LEHIGH VALLEY OFFICE: 12 E. MARKET STREET, P.O. BOX !l72, BETHLEHEM, PA 18016 (610) 868-1675 FAX (6\0) 868-1702 '.''"C-i--''"''.'l...I-'1!iU__.A ..L Michael 1. Wilson, Esquire January 14,2000 Page 2 I look forward to your response. DBM:sml:83084.1 Enclosures ve~70urs, D~g'B. Marcell THOMAS, TH ~ " ,~~ -, -"-<"_""'"''';-0' "- ",-.,,.} ,<<- c. - "o!::""._.'>,';_"' _0" ,,,,-~_"",,,,),'.i".~; ------- ,'~ - ~- " -, "','" ,,' 8'---',-';" ,-,- -c-' '., ;I/o "" ,"o'~-- -,_~__;"-,, ""__,~,~;,,)~~'h_, ';X.' ""_,1_~,-_, ,;.., ~'f THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPH P. HAFER JAMES K. THOMAS, II ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H. JORDAN, JR.. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUL J. DELLASEGA OF COUNSEL JAMES K. THOMAS 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG. PA 17108 (717) 237-7100 FAX (717) 237-7105 WRITER'S DIRECT DIAL NUMBER SARAH W. AROSELL EUGENE N. McHUGH STEPHEN E. GEDULDIG KAREN S. COATES GARY T. LATHROP TODD B. NARVOL JAMES J. DODD-O KEVIN C. McNAMARA BROOKS R. FOLAND JOHN FLOUNLACKER JOHN M. POPILOCK MICHELE J. THORP G. CHRISTOPHER PARRISH CLAUDIO J. DiPAOLO RICHARD K. LAWS DRUMMOND B. TAYLOR (717) 255-7238 E-mail: DBM@tthlaw.com February 18,2000 Michael J. Wilson, Esquire 816 Derby Avenue CampHiJI,PA 17011-8367 RE: Insured: Policy No.: D/O/L: Charles L. Holtry, Susan M. Holtry, Scott A. Holtry 120 0223285 9/26/97 Dear Michael: I have not received a response to my correspondence of January 14,2000, including the designation of your arbitrator as well as the signing of the Releases so that we can obtain the necessary information. I would appreciate your response at your earliest convenience. Very trulyiiZs, ,/~ I , DouJrlas B. Marcello TH6MAS, THOMAS & H DBM:sml:83084.2 . . LEHIGH VALLEY OFFICE: 12 E. MARKET STREET, P.O. BOX 1172, BETHLEHEM, PA 18016 (610) 868-1675 FAX (610) 868-1702 ^.-. '," ~ '>,r. ,,_,,_., '._'1' _;._,,,"__-<)j_,~,_,_,_,,,_,.. ."',~,o'_~:_""~~_"'_: .,- 'd'~i. THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW . JOSEPH P. HAFER JAMES K. THOMAS, II ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H. JORDAN. JR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAULJ.DELLASEGA OF COUNSEL JAMES K. THOMAS 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG. PA 17108 (717) 237-7100 FAX (717) 237-7105 WRITER'S DIRECT DIAL NUMBER (717)255-7238 dbm@tthIaw.com SARAH W. AROSELL EUGENE N. McHUGH STEPHEN E. GEDULDIG KAREN S. COATES GARY T. LATHROP TODD B. NARVOL JAMES J. DODD-O KEVIN C. McNAMARA BROOKS R. FOLAND JOHN FLOUNLACKER JOHN M. POPILOCK MICHELE J. THORP G. CHRISTOPHER PARRISH CLAUDIO 1. DiPAOLO RICHARD K. LAWS DRUMMOND B. TAYLOR May 5, 2000 Michael J, Wilson, EsqUire 816 Derby Avenue Camp Hill, PA 17011-8367 RE: Insured: Policy No.: D/O/L: I Charles L. Holtry, Susan M. Holtry, Scott A. Holtry 120 0223285 9/26/97 Dear Michael: I have not received a response to any of my prior correspondence in this matter. We have not received the executed releases we have forwarded. You have not identified an arbitrator. I would appreciate it if you would return the executed releases to me so we can proceed with the necessary investigation of this matter. Additionally, unless I hear a response to the request for releases and/or an appointment of an arbitrator within 10 days, it will be necessary for us to file the appropriate Motions. If you have any questions, please do not hesitate to contact me. Best regards, /-r TH~~ THOMAS & HAFER, LLP ./ ,1---, /i ./ ,;'/ DBM/k1s /' Douglas B. Marcello \ . . LEHIGH VALLEY OFFICE: 12 E. MARKET STREET, P.O. BOX 1172, BETHLEHEM, PA 18016 (610) 868-1675 FAX (610) 868-1702 f'\::: I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 5th day of January, 2001: i i I Ii I~ I, I, I I' I I, I' I ! i' , I I I Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 THOMAS, THOMAS & HAFER, LLP ~ By: :118609.1 "' ., " _ '_~'" "",,'C&'C_>.~,_, ,___-.,~,_ _,~, ""'-'-'-~~ -' '2'"' \.) FES ~ 2fJ9\J PENNSYLVANIA NATIONAL MUTUAL: IN THE COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : No.: MISCELLANEOUS ...H a : CIVILACTION-LAW ,..,-{],I-/l/;2 Cc'(),'/ SCOTT A. HOLTRY, Respondent AND NOW, this day of January, 2001, IT IS HEREBY ORDERED that Williarn Douglas is appointed as an arbitrator in the underinsured motorist action. Further, C. Roy Weidner, Jr. is appointed as the third arbitrator in this matter. BY THE COURT 1. "" =- ~--. .- ,- p"'-" .=,-"" ~-,-- ,-,," - -. ~ "--=-~~ ~, >~ =-=~ ':,,! !i PENNSYLVANIA NATIONAL MUTUAL: IN THE COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner " ..i v. : No.: MISCELLANEOUS "fu,. 6/. <f'fcL ~ ~ CIVIL ACTION - LAW SCOTT A. HOLTRY, Respondent AND NOW, this z.,l day of io,u~, 2001, a Rule is issued upon Respondent to show cause why the Court should not enter an Order appointing William Douglas as the second arbitrator and C. Roy Weidner, Jr. as the third arbitrator for the underinsured motorist arbitration ofthis matter. Rule returnable within +- days of service. BY " H i:j 'J n ~! J. , .~ o ~? ~ ~ I' ~ '.. !lili".L! IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNA. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Petitioner No.: Miscellaneous v. Civil Action - Law 6/- C;/id-. Gu;C~~ SCOTT A. HOLTRY, Respondent NOTICE TO PLEAD TO: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY c/o Douglas B. Marcello Attorneys for Petitioner 305 North Front Street PO Box 999 Harrisburg PA 17108 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER OF RESPONDENT SCOTT A. HOLTRY WITHIN 20 DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. /t(Jv~ Michael 1. Wilson Attorney for Scott A. Holtry Pa Atty ID No.: 52680 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 fax ..1 . . "iil",i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNA. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Petitioner No.: Miscellaneous Civil Action - Law v. SCOTT A. HOLTRY, Respondent ANSWER AND NEW MATTER OF RESPONDENT TO PETITION FOR APPOINTMENT OF ARBITRATORS Respondent, Scott A. Holtry (hereinafter "Claimant"), through his undersigned attorney, answers the petition of Petitioner, Pennsylvania National Mutual Casualty Insurance Company (hereinafter "Insurer"): I. Admitted upon information and belief. 2. Denied. Claimant resides in the State of Maryland at the present time. His parents reside at the address alleged by Insurer. 3. Admitted as to the type of benefits sought; admitted upon information and belief as to the policy number alleged. 4. Admitted. 5. No responsive pleading is required. The allegations state a conclusion oflaw or interpretation of a legal document which speaks for itself. 6. No responsive pleading is required. The allegations state a conclusion of law or interpretation of a legal document which speaks for itself. 7. Admitted. 8. Admitted. ~ C i-I ,.' ""d! 9. Admitted. 10. Denied. As of the date of the filing of this Answer, Claimant has designated Attorney John Y aninek his appointed arbitrator and has further agreed with counsel for Insurer to the designated neutral arbitrator, Attorney William Douglas. II. Denied for the reasons set forth in paragraph 10 herein. 12. Denied for the reasons set forth in paragraph 10 herein. 13. No responsive pleading is required. The statement set forth in paragraph 13 is not a statement of fact to be admitted or denied, but rather is a prayer for relief sought. NEW MATTER 14. Claimant incorporates paragraphs I through 13 as if fully set forth. 15. Respondent Insurer is estopped from asserting the subject Petition since it has consented to and accepted the appointment by Claimant of Attorney Yaninek as Claimant's arbitrator and agreement of Attorney Douglas as neutral arbitrator. 16. Insurer has not been prejudiced by any delay in or passage of time in the appointment of arbitrators or commencement of any hearing and, in fact, benefits financially from any delay or passage of time. 17. The issues of Insurer's Petition are moot. 18. Insurer contributed to the issues raised in its Petition by failing to address Claimant's attorney's request to the attorney for Insurer to reconsider the appointment of Attorney William Addams as its arbitrator, since Claimant's counsel and Attorney Addams have been and are adversary attorneys in an unrelated construction case. 19. Insurer contributed to the issues raised in its Petition by failing to address Claimant's attorney's concerns that requests for releases of medical, educational, and employment records of ~~' . , _L Claimant were not proper or justified by the subject policy or law. WHEREFORE, Claimant prays the Court dismiss the subject Petition with prejudice. 1hJ(jv#\ - Michael 1. Wilson Attorney for Scott A. Holtry Pa Atty ID No.: 52680 816 Derby Avenue Camp Hill P A 17011-8367 (717) 774-7018 (717) 774-7019 fax ., ' .""-,,. "- ,l ~'. ~';"""~~:u~;d' i VERIFICATION 1. Michael J. Wilson, attorney for Scott A. Holtry, hereby certifies that the facts set forth in the Answer and New Matter of Respondent to Petition for Appointment of Arbitrators are true and correct to the best of my personal knowledge or information and belief. I make this verifications on behalf of Scott A. Holtry who currently resides outside the Commonwealth of Pennsylvania and is not readily available to provide his verification at the time the referenced pleading was filed. I make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904 (relating to unsworn falsification to authorities). Dated: March 6, 2001 Iltw<<u~ Michael J. Wilson """"......."'" J .. .'1 ~I '"..i' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNA. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Petitioner No.: Miscellaneous Civil Action - Law v. SCOTT A. HOLTRY, Respondent CERTIFICATE OF SERVICE I hereby certifY that on the 6th th day of March, 200 I, a true and correct photostatic copy/copies of the Answer and New Matter etc. was/were served upon the person(s) and in the manner indicated below.. I further certifY that a copy ofthis Certificate was served in the same manner on said person(s) on the 6th day of March, 2001. Service was accomplished by first class mail, postage pre-paid. Served upon: Attorney Douglas B. Marcello 305 North Front Street PO Box 999 Harrisburg P A 17108 jJ1~v -- Michael 1. Wilson Attorney for Scott A. Holtry Pa Arty ID No.: 52680 816 Derby Avenue Camp Hill PA 17011-8367 (717)774-7018 (717) 774-7019 fax I I 1 ~\\10.Oll\CE ~_ ~,- "'-r-I'''N''TAAY U'"r- :'.:"" t.A-I \1 -'~I : t} .. , ,j I'". 1 , 1\,...." ,~,' . ~ \ ,~ ~~ o I KM~ -1 p~ 3: I ~ .r"U'~A'~"'~" A~'D (":()\ IN""" !;\,I ",iOv,..nl.J"'l.i~ ......-_. ,11 '\ PENNS'(LVANIA I ~ <f ,~ i -!~ ,;- , o '* i ~ . I I I I I i I !be , PENNSYLVANIA NATIONAL MUTUAL: IN THE COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY, : CUMBERLAND COUNTY, PENNSYL VANIA Petitioner v. : No.: MISCELLANEOUS 0\ -1 "ti-.. : CIVIL ACTION - LAW SCOTT A. HOLTRY, Respondent 14. Petitioner incorporates the averments of its Petition as if set forth in full. 15. Petitioner has agreed to the appointment of Attorney Douglas as the neutral arbitrator. Claimant has appointed Attorney Yaninek as its arbitrator. Any and all averments of paragraph 15 are denied. 16. Denied. It is denied that the insurer has not been prejudiced due to the delay. 17. Admitted in part and denied in part. It is admitted that it appears that a panel of arbitrators has been constituted. Any and all other averments of paragraph 17 are denied. 18. Denied. The averments of paragraph 18 are denied insofar as they fail to set forth a valid reason for Respondent's delay in this action. 19. It is denied that Respondent has any basis for failing or refusing to respond to Releases for medical, educational and employment records. WHEREFORE, Petitioner requests this Honorable Court enter its Petition. By: Dated: March 23, 2001 :125093.1 ~ . VERIFICATION I hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. PENN~NATIONALM.UTUAL CASUALrv}~S~E COMPANY By: ~ /ku-. Paul Green Dated: :114338.1 3/1- "'2../ 0 I -I ~ ==. "",' 'c )J , c ~ ! I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 23'd day of March, 2001: ,:,1 ~ ~1 , ~j n ~~ Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 '1'1 ;i " "I By: HAFER, LLP / , --.....-~.._._'--.,-~ .... I'j 1 i;1 I' t " I' t pi :118609.1 ~i -~, - - _~O ~ """,,,,,,,,,,",,,,,,,,,.1 SHERIFF'S RETURN - u.S. CERTIFIED MAIL CASE NO: 2001-00942 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL C VS. HOLTRY SCOTT A R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named RESPONDANT ,HOLTRY SCOTT A by United States Certified Mail postage prepaid, on the 23rd day of February ,2001 at 0008:00 HOURS, at 12466 WALNUT COVE CIRCLE GERMANTOWN, MD 20874 , a true and attested copy of the attached PETITION FOR APPOINTMENT Together with OF ARBITRATORS, RULE TO SHOW CAUSE, AND PROPOSED ORDER The returned receipt card was signed by 00/00/0000 on Additional Comments: REWRN CARD NEVER RECEIVED IN SHERIFF'S OFFICE TO DATE, 5/23/01 Docketing Service Certfied Mail Surcharge 18.00 6.20 4.92 10.00 .00 39.12 So an~./ ~ /~ ~ ~~mas Kl ine Sheriff of Cumberland County Sheriff's Costs: Paid by THOMAS, THOMAS & HAFER on OS/23/2001 . Sworn and subscribed to before me this ~DI!:: day of ~ d!J.Q I A.D. / ) . ~. 0 indO.. -,Af"'-r,- r thonotary