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Home My WebLink About03-2368CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT Plaintiff COURTEOUS RENTAL, INC. Defendant · NO.-- t.'P : · CIVIL DIVISION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE YOU HAVE BEEN SUED IN COURT· IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT Plaintiff Vo COURTEOUS RENTAL, INC. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ma-- o2j ¢ CIVIL DIVISION- LAW COMPLAINT The Plaintiff, CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of THREE THOUSAND, THREE HUNDRED FIFTY ($3,350.00), along with interest thereon from June 25, 2001, upon a cause of action of which the following is a statement: 1. The Plaintiff, CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT is a Reciprocal Exchange operating under the laws of the State of Missouri, having an office and place of business at 9201 State Line Road, Kansas City, Missouri 64121-9658. 2. The Defendant, COURTEOUS RENTAL, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 50 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. F:\USER\BONNIEJO\COMP\WORK\29245com.wpd: 12May03 3. As set forth in a true and correct copy of the Plaintiff's information hereto attached, marked as Exhibit "A" and made a part hereof, insurance coverage of the kind and description set forth on said Exhibit was provided thereby creating a premium due and owing in the amount of Sixteen Thousand, Three Hundred Thirty- Seven ($16,337.00) Dollars. 4. The prices charged for said insurance coverage provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay therefor. 5. Defendant made certain payments and also become entitled to certain credits against the charges aforementioned, as more particularly shown on the Statement of Account, attached hereto, marked as Exhibit "B" and made a part hereof, to the total amount of Twelve Thousand, Nine Hundred Eighty-Seven ($12,987.00) Dollars. 6. The balance due and owing by Defendant to Plaintiff is the sum of Three Thousand, Three Hundred Fifty ($3,350.00) Dollars, as appears by the Statement of Account hereto attached, marked as Exhibit "B" and made a part hereof. 7. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\BONNIEJO\COMP\WORK\29245com.wpd: 12May03 3 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND, THREE HUNDRED FIFTY ($3,350.00) DOLLARS, together with interest thereon from June 25, 2001. Respectfully submitted, , P.C. Robert D. Kodak ~ 407 North Front Street~ Post Office Box #11848 ~'-~. Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORK\29245com.wpd: 12May03 4 DODSON'GROUP® CUSTOMER NUMBER ,.,...~, 'WCO0000 ,A Policy issued by Casualty Reciprocal ExChange. a Dodson Group Company : ~ CO. NO. 17728 " AU]EN~ ~'"FE~IVE: 05/14/20~1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Wcoo0o00 POLICY NUMBER: wCP 1022975 Agent's Name and Address :~m~'~~, ~F!~n, PA 19064 ITEM 1: Named Insured and Address I2EM~ PA 17O43 The Named Insured Is - CzcN Other Workplaces Not Shown Above: See Exter~sion of Information Page Policy pertod from: o5/14/2oo'~ to: 04/0:3./2002 12:01 AM At 'the Insured's Mailing Address ITEM 2: ITEM 3: A - Workers Compensation Insurance: Part One of the policy applies to The Workers Compensation Law of the states listed B - Emp oyers Liability Insu. raaco: Part Two of the policy applies to work In each state listed In Item 3.A. the limits of our liability under Part Two are: Bodily injury By Accldellt $ 113o, ooo each accident Bodily InJUr~ By Disease S 5o0, ooo pollgy limit Bodily Injury By Disease ~; lo0,ooo each employee C - Other States Ih~urartce: Part Three of the policy applies to the states, it any, listed here: All states other than North Dakota, Ohio, Washington, West Virginia, Wyoming, and ?,totes designated In Item 8.A. D - This policy Irlcludes these endorsements and schedules; ~O0000OJ% ~,~000403 ~000406 WC370601 WC3706U2 ~i370E03A ITEM 4: The. premium for this policy will be determined by our Manuals of Rules, C ossifications, Rates and Rating Plans. All Information required below is subject to vertflcatl°n and change by audt. See Extension of Information Page Adjustments of PremiUm Shall be Made: ~ Pram lum Discount Expense Constant Total Estimated AnnUal PremiUm $ 12,225 SUmharge Deposit Premium $ 12,637 Total Deposit Premium $ 12, 63'7 MinimUm Premium $ 84,2 (i:'A) RETURN PREMIUM 3,700 Includee Cal~y~gh[ Matadai o," The N~lloltal C;auncil On Componsatlon Inaor~llcg Used with lis parmle~ld~, 1~3 Natiall~l Council 9201 STATE LINE ROAD - WC000001A (ED. 8-92) o6/22/~ool 1-800-825.9489 / DOD N GROUP® POLICY NUNIBER ~ CUSTOMEFI NUMBER 'oooi .E~X,TENSION OF INFORMATION PAGE WC0CO001A WORKERS' COMPENSATION COVERAGE PROVIDED IN STATE(S) OF'- CATION CODE NO PRE~IIUM BASIS TOTAL ESIllVlATED ANNUAL REMUNERATION PER ~100 OF EST[MATED ANNUAL REMUNERATION PREMIUM 817 951 0938 154,566, 32~,2oa. 9.54 ~4,746. .92 .32 1,041. .8300 2,684.- .U337 612. OI 7.830 (ED. 5-88) 06/~,2/2001 ABSENCE OF PAYROLL DENOTES "IF ANY" WCP 102297504 HOME CF~. CCPY WORKerS -¢ ~E~SAT!ON EXDD,.qDN GROUP, P O BOX 219658 KANSAS OITY MO 64'121-9658 1-800-825-9489 AUDIT PERIOD ..o5 :4/2ooz To CUSTC~MER ~ 0001022975 CASUalTY RECIPROCAL EXC~ WCP 1022975-04 05/14/2001 11/27/2001 WCP10~2975-03 CAGIER # 17728 0411537 FEIN.~ 2316962~7 RISK_ID ~ 1. COURTEOUS P. ENTASS INC ASSOCIATED ~iPECIALTY 50 MARKET ST INSURANCE ~ENCY, INC. LEMOYi~, PA 17043 1001 BA~TIMORE PIK~ SUITE 307 SPRINGFIELD,i PA 19064 ENTITY OF I~SURED - CORPORATION CLASS SEE ATTACHED SCHEDUI~E FOR CLASSIFICATION OF OPERATIONS DESCRIPTION TOTA5 STANDARD PREMIUM PREMIUM DISCOUNT PREMIUM $11,420 $697- TOTAL EAI~N~D PRNMIUM TAXES %$3.0,723 $361 TOTAL PREMIUM ORIGINAL ESTIMATED PREMIUM RETURN t:REMIU~! DUE $11,084 $12,637 $1,553- T~IS PR~MIU~ ADJUSTM~-~NT WIL~ BE REFLECTED ON YOUi{ NEXT BILLING INVOICE ISSUE DATE 05/02/2002 WCP 102297504 WORKERS C ~ENSATICN FINAL AtOll' STATEMENT DO N GROUP® P O BOX 219658 KANSAS OITY MID 64121-96.58 1-800-825-9489 AUDIT PERIOD WCP 1022975-04 05/14/2001 12/27/2001 WCP1022975-03 (L~RIER ~ 17728 FEiN ~ 2~.k~96~57 RISK ID ~ 1. COURTEOUS R~NTALS INC ASSOCIATED f~PECLALTY 50 MARKET ST INSURANCEA~ENCY, INC, LEMOY~E, PA 17043 100l BA~TIM¢IRE PIYd~ SUITE 307 SPRINGFIELD, PA 190~4 CUSTOMER $ 0001022975 CASUAI.TY RECIPROC%L EXCH 0411537 POLICY PAGE 1 CLASSIFICATION OF OPERATIONS ST LOC CODE CLASSIFICATION DESCRIPTIO~ TOT-TERM REMUN PA 0001 AUTOMOBILE SERVICE C~TERS EFFECTIVE DATES 05/~4/2001 - 05/1~/2001 817 LIMOUSINE SERVICE 951 SAL~SM~N 953 OFFICE IF ANY 137,579 iF ANY 198,078 SUB-TOTAL 9898 EXPERIENCE MOD - TENTATIV~ 9036 RATE DEVIATION - D~BIT 9889 SCH~DUT~E MODIFICATION DEBZT 0938 EMPLOYER ASSBSSMENT .0337 TOTAL FOR PENNSYLVANIA RATE 4.01 9.54 0.92 0.32 ,8300 ,00% .00% TERM PREMIUM 0 13,125 0 634 13,759 2,339- 361 11,420 ISSUE DATE DODSOM G~OU~ ~0.3~0 OCT. 3 i. 880~ 1~: 55PM P.7×10 OCT.Si.~9~ L~:55PH DODSOH GROUP H0,390 P. ~/10 VERIEICATION I, CHERYL GAGGE!xIS, Manager, Cost Management, of CASUALTY RECIPROCAL EXCI-IA~GE, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. CASUALTY RECIPROCAL EXCIIANGE 29245 F:\USER.\BONlqIEJO\COMI~WORK\29245 ~m,wlxk 23 AW03 9'd 3d ~U~OH ~ ddflHH Ndg~:~O £0, EE ~dU CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT, plaintiff COURTEOUS RENTAL, INC. defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2368 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAiNT DEFENDANT, Courteous Rental, by its attomey, JOSEPH T. SUCEC. respectfully answers Plaintiff's complaint as follows: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Neither admitted nor denied without a separate calculation of the numbers involved. 6. Denied. Plainfiffprovides no evidence a final payment has not been made, only that such payment had not been accounted for by Plaintiff. 7. Denied. Plaintiff has provided no verification that such demands were made. WHEREFORE, Defendant requests that Plaintiff's claim be dismissed, and that Defendant be required to pay Plaintiff nothing in the above matter. Respectfully submitted, Date: Attorney for Defendant 1618 Derry Street Harrisburg, PA 17104 (717)234-0782 joesucec@iwl .net Page 1 CERTIFICATE OF SERVICE I do hereby certify that on this ~ day, ~-~ , Q002, that I served a true and correct copy of the Answer in Casualty Reciprocal Exchanqe v. Courteous Rental by regular mail, to the following: Robert D. Kodak, Esq. Knupp, Kodak, & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, Pennsylvania 17108-1848 Attorney SHERIFF'S RETURN - REGULAR CASE NO: 2003-02368 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASUALTY RECIPROCAL EXCHANGE VS COURTEOUS RENTAL INC SHANNON SHERTZER , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE COURTEOUS RENTAL INC DEFENDANT , at 1150:00 HOURS, at 50 MARKET STREET LEMOYNE, PA 17043 DAVE SPRECHER, DESK MANAGER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of May the together with by handing to ADULT IN CHARGE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /2 ~ day of So Answers: R. Thomas Kline 05/22/2003 KNUPP KODAK IMBLUM Deputy Sheri f fJ~~j CASUALTY RECIPROCAL EXCHANGE SUBSCRIBERS AT V. COURTEOUS RENTAL, INC. : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : 03-2368 CIVIL TERM IN RE: ARBITRATION .ORDER OF COURT AND NOW, November 26, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Gregory B. Abeln, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, Gregory B. Abeln, Esquire Chairman Court Administrator CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT, Plaintiff COURTEOUS RENTAL, INC. Defendant : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania NO. 03-2368 CIVIL : CIVIL DIVISION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO Cumberland County Prothonotary Dated: December 23, 2003 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Ptaintiff