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HomeMy WebLinkAbout07-2391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: e,ULL Richard E. Kramer, Plaintiff, VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: Richard E. Kramer, Plaintiff, vs. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if youTail 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, CIVIL DIVISION - ARBITRATION No.. Plaintiff, VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Richard E. Kramer, by and through its counsel, Travis L. McElhaney, Esquire, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Richard E. Kramer, is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at P.O. Box 2371, Bloomington, Illinois 61702. 2. Richard E. Kramer is an adult individual residing at 19903 Blue Heron Lane, Hagerstown, Maryland 21742. Defendant, Donald S. Yesacavage, is an adult individual residing at 19304 Heritage Lane, Hagerstown, Maryland 21742. 4. Defendant, Sun Motor Cars, Inc., is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at 4444 Carlisle Pike, Camp Hill, Pennsylvania 17011. 5. At all times relevant hereto, Kramer was the owner of a 2003 Porsche 911 Carrera automobile. 6. At all times relevant hereto, Kramer maintained a policy of automobile insurance with State Farm which covered his aforementioned automobile. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Kramer's aforementioned vehicle. 8. At all times relevant hereto, Sun Motor operated an automobile dealership and service center at 4444 Carlisle Pike, Camp Hill, Pennsylvania 17011. 9. At all times relevant hereto, Yesacavage was an employee and/or agent and/or representative of Sun Motor, and was acting within the course and scope of his employment and/or agency and/or representation. 10. Sometime prior to May 3, 2005, Kramer made a service appointment with Sun Motor for a recall notice on his aforementioned vehicle. 11. Sun Motor was to pick up Kramer's vehicle at his personal residence and drive it to their place of business for service. 12. On or about May 3, 2005, Sun Motor's employee and/or agent and/or representative Yesacavage arrived at Kramer's residence to pick up his vehicle, whereupon Kramer entrusted his vehicle to the exclusive care, custody and control of Sun Motor. 13. While driving Kramer's vehicle north on Interstate 81 to Sun Motor's place of business, Yesacavage did strike a loose and/or excess piece of asphalt, causing damage to Kramer's vehicle. 14. As a result of the aforementioned incident, the damages suffered by Kramer include, but are not limited to, damage to his vehicle. 15. Pursuant to its policy of insurance with Kramer, Plaintiff State Farm paid damages in the amount of $10,886.68 as a result of the damage to Kramer's vehicle. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subroeee of Richard E. Kramer v. Donald S. Yesacavage 16. Paragraphs 1-15 above are incorporated by reference herein as if more fully set forth at length below. 17. The careless, negligent and reckless conduct of Yesacavage was the direct and proximate cause of the damages suffered by Kramer, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control Kramer's vehicle; b. In failing to remain alert to existing road conditions while operating Kramer's vehicle; C. In failing to look or watch where he was operating Kramer's vehicle; d. In operating Kramer's vehicle at an unsafe speed for the existing circumstances; e. In failing to use the vehicle's brakes or braking mechanisms; f. In striking loose and/or excess asphalt with Kramer's vehicle; g. In causing damage to Kramer's vehicle; h. In failing to avoid causing damage to Kramer's vehicle; i. In operating Kramer's vehicle in a careless, negligent and reckless manner; and In failing to provide Kramer with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Richard E. Kramer, demands judgment in its favor and against the defendant, Donald S. Yesacavage, in the amount of $10,886.68, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subroeee of Richard E. Kramer v. Sun Motor Cars, Inc. 18. Paragraphs 1-17 above are incorporated by reference herein as if more fully set forth at length below. 19. The careless, negligent and reckless conduct of Sun Motor, by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damages suffered by Kramer, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly train and/or supervise its employee and/or agent and/or representative; b. In allowing its employee and/or agent and/or representative to act or omit to act as described in paragraph 17; C. In failing to return Kramer's vehicle to him in substantially the same condition it had occupied when entrusted to the exclusive care, custody and control of Sun Motor; d. In causing damage to Kramer's vehicle while it was entrusted to Sun Motor's exclusive care, custody and control; and e. In failing to provide Kramer with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Richard E. Kramer, demands judgment in its favor and against the defendant, Sun Motor Cars, Inc., in the amount of $10,886.68, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: r?ti?S Travis L. McE ey, Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Dated: -'1z3 0 7 Travis L. McElhanEs it 1 ??l z V d v Z) ,-t- G -n Fn > GJ ?Ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, Plaintiff, VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., CIVIL DIVISION - ARBITRATION No.: 07-2391 Civil Term PROOF OF SERVICE Filed on behalf of Plaintiff Defendants. Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 07-2391 Civil Term Richard E. Kramer, Plaintiff, vs. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. PROOF OF SERVICE I, Travis L. McElhaney, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon Donald Yesacavage by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Civil Complaint was delivered on May 4, 2007, is attached hereto as Exhibit "A". I also verify that the statements in this Proof of Service 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. Dated: ?3 07 Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP G Travis L. Mc lh , Esquire Counsel for Plaintiff 4 ¦ Complete Items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse X 0 Add. so that we can return the card to you. gecei (Printed Name) - C. D4rte iF Dell 111111 Attach this card to the back of the mailpiece. Lff1t?11( O' 7 or on the front if space Dermits. 1. Article Addressed to: 61 0-(j j ?e SOLUL V tle- IN14 f ? C 2 (`fit-12 D. Is delvery address diff6knt from item V U lee If YES, eater delivery address below: 0 No 3. Se r?ice Type Certified Mail 0 Express Mail 113 `Registered Return Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number 7002 2410 0006 0987 7366 (Pansfer from service tabeq Ps Form 3811, February A4 Domestic Return Receipt 102595-02-M-1540 t-- c.--? -tt nil "-v C r i r'l 7 WILLIAM E. DENGLER, ESQUIRE Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o RICHARD E KRAMER V. DONALD S. YESACAVAGE & SUN MOTOR CARS, INC. ATTORNEY FOR DEFENDANTS, SUN MOTOR CARS, INC & DONALD S. YESACAVAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-2391 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on behalf of Defendants, Donald S. Yesacavage and Sun Motor Cars, Inc. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendants, Sun Motor Cars, Inc. And Donald Yesacavage Dated: ? ? U? C) c p m m WILLIAM E. DENGLER, ESQUIRE Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o RICHARD E. KRAMER V. DONALD S. YESACAVAGE & SUN MOTOR CARS, INC. ATTORNEY FOR DEFENDANTS, SUN MOTOR CARS, INC & DONALD S. YESACAVAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-2391 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendants, Donald S. Yesacavage and Sun Motor Cars, Inc. in the above captioned matter. Respectfully submitted, HENDRZAK & LLOYD Dated: ? ? U LIAM E. DENGLER, ESQUIRE Attorney for Defendants, Sun Motor Cars, Inc. And Donald Yesacavage nn' Ln c-) SHERIFF'S RETURN - REGULAR CASE NO: 2007-02 91 P COMMONWEALTH OF ENNSYLVANIA: COUNTY OF CUMBER D STATE FARM MUTUA AUTOMOBILE VS YESACAVAGE DONALp S ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland Count ,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SUN MOTOR CARS INC the DEFENDANT ,I at 1327:00 HOURS, on the 9th day of May , 2007 at 4444 CARLISLB PIKE CAMP HILL, PA 1"A011 DAVE FOORE, ADUU IN CHARGE by handing to a true and atteoted copy of COMPLAINT & NOTICE together with and at the sameltime directing His attention to the contents thereof. Sheriff's Costs Docketing Service Affidavit Surcharge So Answers: 18.00 11.52 .00 10.00 R. Thomas Kline .00 39.52 05/10/2007 WEBER GALLAGHER SIMPSON STAPLE Sworn and Subsc'bed to before me this day of , A. f WILLIAM E. DENGLER, ESQUIRE Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o RICHARD E KRAMER V. DONALD S. YESACAVAGE & SUN MOTOR CARS, INC. ATTORNEY FOR DEFENDANTS, SUN MOTOR CARS, INC & DONALD S. YESACAVAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-2391 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT 1-2. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs Complaint, and therefore, denies same and demands strict proof thereof at trial. 3-4. Admitted. 5-7 Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs Complaint, and therefore, denies same and demands strict proof thereof at trial. 8. Admitted. 9. Admitted. It is admitted that Mr. Yesacavage was an employee of Sun Motor Cars, Inc., of the alleged incident he was delivering the vehicle to Sun Motor Imports, Inc., which is located at 4434 Carlisle Pike at the request of Mr. Kramer. 10. Denied. It is specifically denied that Mr. Kramer made a service appointment with Sun Motors for a recall notice on his aforementioned vehicle. 11. Denied. It is specifically denied that Sun Motors was to pick up Kramer's vehicle at his personal residence and drive it to their place of business. 12. Denied. It is specifically denied that on May 3, 2005, Sun Motors' employee picked up Kramer's vehicle at his residence. 13. Denied. It is specifically denied that vehicle was being taken to Sun Motors, Inc. on the date of the alleged accident. It is admitted that Mr. Yesacavage was operating the vehicle on Interstate 81 at approximately the 8-Mile marker it struck a piece of asphalt causing damage to the Kramer vehicle. 14. Denied. The allegations contained in this paragraph constitute conclusion of law to which no responsive pleading is required. 15. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs Complaint, and therefore, denies same and demands strict proof thereof at trial. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company As submee of Richard E. Kramer v. Donald S. Yesacavage 16. Answering Defendant incorporates by reference the answer to paragraphs 1 to 15 inclusive, as fully as though the same were here set forth at length. 17(a j). Denied. The allegations contained in these paragraphs constitute conclusion of law to which no responsive pleading is required. At all times relative hereto Mr. Yesacavage operated COUNT II -NEGLIGENCE State Farm Mutual Automobile Insurance Company As subrogee of Richard E. Kramer v. Sun Motor Cars, Inc. 18. Answering Defendant incorporates by reference the answer to paragraphs 1 to 17 inclusive, as fully as though the same were here set forth at length. 19(a-e). Denied. The allegations contained in these paragraphs constitute conclusion of law to which no responsive pleading is required. WHEREFORE, Answering Defendants pray that Plaintiffs Complaint be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendants. Respectfully Submitted, HENDRZAK & LLOYD p WILLLk"M E. DENGLER, ESQUIRE Attorney for Defendants Dated: _ d 7 VERIFICATION Daniel Sunderland, Vice President, on behalf of Sun Motor Cars, Inc., a party in this action, verifies that the statements made in the foregoing Answer to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4944, relating to unworn falsification to authorities. p6-/Cr_67 Date i- Daniel Sunderland State Farm a/s/o Richard Kramer VERIFICATION Donald Yesacavage, a parry in this action, verifies that the statements made in the foregoing Answer to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date Donald Yesacavage State Farm a/slo Richard Kramer CERTIFICATE OF SERVICE I, William E. Dengler, Esquire hereby certify that a true and correct copy of the foregoing document was sent via First Class United States Mail, postage prepaid to the following counsel: Travis L. McElhaney, Esquire Christopher P. Deegan, Esquire Weber, Gallagher, Simpson, Stapleton, Fines & Newby LLP Two Gateway Center, 14th Floor Pittsburgh, PA 15222 Dated: C a1/ HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendants b CJ 4. _ - a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, Plaintiff, vs. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. CIVIL DIVISION - ARBITRATION No.: 07-2391 Civil Term PETITION FOR APPOINTMENT OF ARBITRATORS Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. 485635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 #..- .w. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 07-2391 Civil Term Richard E. Kramer, Plaintiff, vs. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. PETITION FOR APPOINTMENT OF ARBITRATORS TO: The Honorable Judges of the Cumberland County Court of Common Pleas Travis L. McElhaney, Esquire, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue; 2. The claim of Plaintiff in the action is for $10,886.68. The Defendant has not presented a Counterclaim. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Travis L. McElhaney, Esquire; Christopher P. Deegan, Esquire; and William E. Dengler, Esquire. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Travis L. McElhaney, Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff I%.- -W1 CERTIFICATE OF SERVICE I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS was mailed via U.S. first class mail, postage prepaid, upon the following party this 57 day of October, 2007: William E. Dengler, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 (Attorney for Defendants) -==7' 'e /z-,, Tra is L. McElh ey, Esqui Counsel for Plaintiff O p -C F 4 -' t L? m . A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 07-2391 Civil Term Richard E. Kramer, Plaintiff, VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. ORDER OF COURT AND NOW, , 20 0, in consideration of the foregoing Petition, , Esquire, and Esquire, and squire are appointed arbitrators in the above captioned action as prayed for. y the urt Ck J. ?- Cx7 uit- _ Cj :j C3 pool,,- C.ple, ? f VM 11a1 ?? l t? 101 STATE FARM MUTUAL AUTOMOBILE INSURANCE, PLAINTIFF V. DONALD S. YESADAVAGE, ET AL., DEFENDANTS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2391 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2007, the appointment of David J. Lanza, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Russell R. Wert, Esquire, is appointed in his place. By the Co ^tA AA Edgar B. Bayley, R. Mark Thomas, Esquire Chairman Russell R. Wert, Esquire 2225 Millennium Way Enola, PA 17025 Court Administrator sal Co L wO C\j LLf ?] C\j ! [Ziff ? ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, CIVIL DIVISION - ARBITRATION No.: 07-2391 Civil Term Plaintiff, NOTICE OF EVIDENTIARY vs. SUBMISSION PURSUANT TO PaJLC.P.1305 DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, Plaintiff, vs. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. CIVIL DIVISION - ARBITRATION No.: 07-2391 Civil Term NOTICE OF EVIDENTIARY SUBMISSION PURSUANT TO Pa.R.C.P. 1305 Exhibits attached hereto will be presented as evidence at the time of trial. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhan , Es e Counsel for Plaintiff Dated: l ` `2 f..*. ?..N RBZ0006Z date: 02-06-06 1NfYf/NC 1?/??1?{?1? yT.?.,•{y.??'::?:::::;:;:; •. ?:? i:•:::ii}i}.. '.} riiif .?y '!}?'?' STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AUTO PAYMENTS BY COL ........:................................... named insured KRAMER ? R =CHARD E COL 4 O 3 page: 1 policy number 03 -72 -3 S).2 -2 0A date of loss 0-5-03-OS C denotes consolidated payment P denotes previous data E denotes EFT payment COL: 403 indemnit : 10 636.68 dir rcov: 0.00 exp ense: 0.00 payment number payee amount status COL pay cd rsn reporting party 121988509) RICHARD E. KRAM 10,636.68 PAID 403 1 Named Insu EXHIBIT ¦•*¦ •¦" RB Z 0 0 0 3 2 date: 02-06-06 "¦°¦•"°? time: 0 6 : 0 8 PM STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VEHICLE DAMAGE REPORT .......................................... ... date of loss 05-03-05 ??????????-Ar lklk-*rtk-Ae-+r-+rtlle-Jr-Jrc?r??r?r-je-r-Rc?c-*etrl* %Ar jk-rAc-3c.2e-2+r Estimate Vehicle Info A Vehicle Owner: KRAMER, RICHARD ?r Vehicle Description: 03 Porsche 911 Carrera 2D Conv GREEN EXHIBIT 071m? Date: 5/18/2005 05:12 PM Estimate ID: 20-5906-34001 Estimate Version: 0 Committed Profile ID: CUSTOMIZED Damage Assessed By: Lori Lewis Type of Loss: Collision Date of Loss: 5/3/2005 Deductible: 250.00 Claim Number: 20-5906-34001 State Farm Insurance Companies 210 Dill Ave Frederick, MD 21701 Appraised For: Processor Team 3 (888) 613-3966 Insured: RICHARD KRAMER Address: 19903 BLUE HERON LN HAGERSTOWN, MD 21742-1606 Telephone: Work Phone: (301) 733-2500 Home Phone: (301) 739-5690 Mitchell Service: 911314 Description: 2003 Porsche 911 Carrera Body Style: 2D Conv Drive Train: 3.6L Inj 6 CyL 5A RWD VIN: WPOCA29903S651404 License: KHG 16928 MD Mileage: 28,419 OEM/ALT: A Search Code: CAPITOL Color: GREEN Options: Anti-Lock Brake Sys. (ABS), Alan/Alloy Wheels, Air Conditioning, Power Steering, Power Brakes, Power Windows, Power Door Locks, Power Passenger Seat, Tilt Steering Wheel, Cruise Control, Electric Defogger, Leather Seats, Automatic Transmission, Traction Control/Electronic, Premium Sound Sys., Power Driver Seat, CD Changer (Trunk Mounted), AM-FM Stereo/CDPlayer(Single), Passenger-Front Air Bag, Power Remote Mirror, Auto-Level Suspension, 4 Wheel Disc Brakes, Driver-Front Air Bag. Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 100408 BDY REPAIR FRONT BODY SPARE WHEEL WELL -S Existing 3.0 *# 2 REF REFINISH/REPAIR FRONT BODY SPARE WHEEL WELL -S 0.5 * 3 900500 MCH* REMOVE/REPLACE 0 RING FOR 2 New 2.98* 0.0 * 4 100522 NCH ALIGN FOUR WHEEL -M 3.1 5 104255 MCH REMOVE/REPLACE CTR REAR SUSP CROSSMEMBER -M 996 331 261 10 162.24 1.8 # 6 104256 MCH REMOVE/REPLACE REAR SUSP STRUT -M 996 331 171 04 58.84* # 7 104376 MCH* REMOVE/REPLACE TRANS OIL COOLER 722 270 049 5 466.99 1.0 * 8 102775 MCH REMOVE/INSTALL ENGINE & TRANS ASSY -M 10.6 * 9 102776 MCH REMOVE/INSTALL W/AUTO TRANS -M 0.0 * 10 900500 MCH* REMOVE/REPLACE TRANSMISSION New 7,208.99* 0.0 * 11 102959 MCH* REMOVE/REPLACE FRT ENGINE UNDER COVER 996 504 527 02 97.72 0.3 12 102960 MCH* REMOVE/REPLACE FRT ENGINE RETAINER 999 507 657 09 0.58 13 900500 MCH* REMOVE/INSTALL ENGINE FROM TRANSMISSION Existing 2.4 * 14 900500 MCH* REPAIR BLEED COOLING SYSTEM Existing 0.5 * 15 102961 MCH* REMOVE/REPLACE CTR ENGINE UNDER COVER 996 504 043 02 89.57 0.3 # 16 102962 MCH* REMOVE/REPLACE L ENGINE UNDER COVER 996 504 561 00 34.53 0.2 17 102963 MCH* REMOVE/REPLACE NUT 999 049 028 40 1.38* EST IMATE RECALL NUMBER: 5/18/2005 17:12:00 20-5906-34001 UltraMate is a Trademark of Mitchell International Mitchell Data Ve rsion: APR OS A Copyright (C) 1994 - 2004 Mitchell International Page 1 of 4 UltraMate Version: 5.0.205 ALI Rights Reserved Date: 5/18/2005 05:12 PM Estimate ID: 20-5906-34001 Estimate Version: 0 Committed Profile ID: CUSTOMIZED 18 102964 MCH* REMOVE/REPLACE REAR ENGINE UNDER COVER 996 504 129 01 77.26 0.3 19 900500 MCH* REPAIR CHECK CHARGING SYSTEM-CHARGE SYSTEM Existing 0.5 * 20 900500 MCH* REMOVE/REPLACE ANTIFREEZE/COOLANT New 44.34* INC * 21 900500 MCH* REMOVE/REPLACE TRANS FLUID New 29.84* INC * 22 933005 REF* ADDIL OPR RESTORE CORROSION PROTECTION 0.1 * 23 933008 REF ADD'L OPR CHIP RESISTANT MATERIAL APPLICATION 10.00* 0.2 * 24 AUTO ADD'L COST PAINT/MATERIALS 13.20* * - Judgement Item # - Labor Note Applies ESTIMATE RECALL NUMBER: 5/18/2005 17:12:00 20-5906-34001 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR_05_A Copyright (C) 1994 - 2004 Mitchell International Page 2 of 4 UltraMate Version: 5.0.205 ALL Rights Reserved Date: 5/18/2005 05:12 PM Estimate ID: 20-5906-34001 Estimate Version: 0 Committed Profile ID: CUSTOMIZED Add't Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 3.0 36.00 0.00 0.00 108.00 Taxable Parts 8,275.26 Refinish 0.8 36.00 10.00 0.00 38.80 Sales Tax a 5.000% 413.76 Mechanical 21.0 97.00 0.00 0.00 2,037.00 Total Replacement Parts Amount 8,689.02 Non-Taxable Labor 2,183.80 Labor Summary 24.8 2,183.80 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 13.20 Insurance Deductible 250.00- Sales Tax a 5.000% 0.66 Customer Responsibility 250.00- Total Additional Costs 13.86 1. Total Labor: II. Total Replacement Parts: III. Total Additional Costs: Gross Total: IV. Total Adjustments: Net Total: Point(s) of Impact 12 FRONT CENTER (P) Inspection Site: PORSCHE/AUDI DEALER Inspection Date: 5/18/2005 Body Shop: PORSCHE/AUDI DEALER Address: 1450 ROCKVILLE PIKE ROCKVILLE, MD 20847 Telephone: (301) 770-3600 Fax phone: (301) 468-2614 ESTIMATE RECALL NUMBER: 5/18/2005 17:12:00 20-5906-34001 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR_05 A Copyright (C) 1994 - 2004 Mitchell International UltraMate Version: 5.0.205 All Rights Reserved 2,183.80 8,689.02 13.86 10,886.68 250.00- 10,636.68 Page 3 of 4 Date: 5/18/2005 05:12 PM Estimate ID: 20-5906-34001 Estimate Version: 0 Committed Profile ID: CUSTOMIZED *NOTICE - REPAIRS TO THIS VEHICLE MAY REQUIRE SPECIFIC WELDING EQUIPMENT AS RECOMMENDED BY THE MANUFACTURER. ESTIMATE RECALL NUMBER: 5/18/2005 17:12:00 Mitchell Data Version: APR_05_A UltraMate Version: 5.0.205 20-5906-34001 UltraMate is a Trademark of Mitchell International Copyright (C) 1994 - 2004 Mitchell International All Rights Reserved Page 4 of 4 SUN MOTOR CAR,Sr INC. 4444 Carlisle Pike Camp Hill, PA 17011 BODY SHOP:-717-737-9416. SALE$:.717-737 1' = SERVICE: 717-737-Wn PARTS; 717.757-3034 ESTIMATE OF REPAIRPOSTS ESTWTE s os OIA Ng" 1 , i r 41 ? r? STREET L?Q i 7. [ 0 j 131y 41 re r Cmi 4 {? y? sT OIP. PHONE: HOME 1 Sb f 0 .c?1 = 77/?r boa -MMMM YEAH, 'aDa JdAKE 0"'SC?Jq JdDo& Qrr MOM _ -ULMGE PAINT CODE PRC V. DATE BODY 0 sErlel? No. {.1 X ?9?JU 3 rw PR W WrALSOPREPAIRSAMPORFlMMM4Wr PARTWOR IWOM $ auaLErN? .. 1r 4 u 11 1% 50 21 102- jel goo oo 5 .? ? • r ?? ?,? b' Soy 04-2" tai q ?? Y ?. Sol a4 o I "1 11 1/ 1 M ?04h McAV W1 0!i I{ e ckA r s•," ouidn flw ?? a713 0% 0)r re G r.w ?s3te, tv 9a`i •; S73 0.3 7} ,s Al 99 Sol 657 01 61 Go- oalw? 000 mB .501> 'b'J 73 10, • rti? ale pDQ o`l3 a0`1 I ?! (Er 4 • 44WA rE ? 1 ALL REPAIRS To BE PAID IN FULL UPON•PQMPL -TMI PARTS qa 930 `- % .1 t " hrs. Labor &_-.-- psr hr. Th¦ abmm In an admate based an our Irspedlon and tin" net cover any ddiUonsl parts or labor which may he wq&W WW the wank has been Waned up.. QCdelOAaay alter the YrOr% has •at?tad. wom or admnagad path an dsouve4d wh1 * are not evld.M ell AIM W InspedllwoL ?MEaYN ef,•tlde 1he *but% Priam we net guammmd, and aft for Insmr5aln aooepWme c*- RUST WORK NOT GUARANTEED. PAINT & MATERIALS eo SUBLET, TOWING aW . SUBTOTAL jQ? Q 791-6 - TAX 651- TT' JUMMOOR ,.lo /I lei ? 23 b GRAND TOTAL VO 39dd EXHIBIT ? 3 ZGOP969TOE ZS:ST 900Z/E1/90 CERTIFICATE OF SERVICE I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the foregoing was mailed via U.S. first class mail, postage prepaid, upon the following party this / ?41 !,Z day of November, 2007: William E. Dengler, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 (Attorney for Defendants) Travis L. McElhan y, Esquir Counsel for Plaintiff ;7 CAD STATE FARM MUTUAL AUTOMOBILE : IN THE COURT OF COMMON PLEAS OF INSURANCE CO., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DONALD S. YESADAVAGE, ET AL., : DEFENDANTS : 07-2391 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. R. Mark Thomas, Esquire, Chairman, shall be paid the sum of $50.00. By the Court,- -X/I/ / Edgar B. Bayley, J. R. Mark Thomas, Esquire Court Administrator :sal ,IT 7 ? ' t L-L /Z/a.107 ':::X? etas `, 6 ? b s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, Plaintiff, Defendants. CIVIL DIVISION - ARBITRATION No.: 07-2391 Civil Term PRAECIPE TO SETTLE DISCONTINUE AND END Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. 485635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14'' Floor Pittsburgh, PA 15222 VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Richard E. Kramer, CIVIL DIVISION - ARBITRATION No.. Plaintiff, VS. DONALD S. YESACAVAGE and SUN MOTOR CARS, INC., Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: 3 By: 1VI`EElh4no, Esquire her P. Deegan, Esquire for Plaintiff C'? ?' C? ?? <.:? ? - ?.....? ?r?! -. 7 ?_ - .,. - , _ -?-t ?? ???