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HomeMy WebLinkAbout07-7395 WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W. South St. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 GEICO ASO / ALLAN C. BISHOP: IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNY, PENNA. Plaintiff VS. CIVIL ACTION LAW RING ARU No. p7 - ?3Q5 Civ4 Terrh Defendant JURY TRIAL DEMANDED NOTICE 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 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 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. Court Administrator Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, Pa. 17013 717-240-6200 William A. Addams Attorney for Plaintiff COMPLAINT AND NOW, comes the Plaintiff, GEICO, by its attorney, William A. Addams, and files the following complaint. 1. The plaintiff is GEICO, a corporation authorized to conduct insurance business in the Commonwealth of Pennsylvania with its offices and principal place of business at One GEICO Boulevard, Fredericksburg, VA 22412-0001. 2. The defendant is Ring Aru, an adult individual residing at 710 Cumberland Pointe Circle, Mechanicsburg, PA 17055. 3. The plaintiff issued a policy of automobile insurance to Allan C. Bishop of Mechanicsburg, PA, which was in effect on August 4. Mr. Bishop was the owner of a 2002 Ford Escape which he was driving on August 6, 2006, at about 6 P.M. traveling west on Trindle Road toward Mechanicsburg, PA. 5. At said time, the defendant, Ring Aru, was driving a vehicle traveling South on State Road when he negligently wiand th the Bishop failed to vehicle causat a ing thestop sign, entered Trindle Road, and collided damage hereinafter set forth. 6. The defendant was negligent and careless in: a. failing to stop at the stop sign; b. failing to yield the right of way; c. failing to see the other vehicle in time to avoid a collision; d. failing to have his vehicle under control. 7. As a result of the negligence and carelessness of the defendant, the Ford Escape was a total loss. The vehicle n a loss in the amount of $ 416879 In and a net salvage value of $805, resulting addition there was rental expense of $292.20. WHEREFORE, the plaintiff demand costs suit, against the defndant the in the amount of $14,979.20, plus interest jurisdiction of arbitration under the local rules of court. William A. Addams Attorney for the Plaintiff VERIFICATION William A. Addams hereby verifies that the facts set forth in the foregoing compliant are true and correct to the best of his knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. 6)-7 Date William A. Addams, Esquire Attorney for Plaintiff 4 ? r 0 00 . `'^ ?' ?-J Co 1?1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEICO ASO ET AL VS ARU RING SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ARU RING the DEFENDANT at 1924:00 HOURS, on the 13th day of December-, 2007 at 710 CUMBERLAND POINTE CIRCLE MECHANICSBURG, PA 17055 RING ARU by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Postage .58 r Surcharge 10.00 R. Thomas Kline /,Vld/b7 ?..00 39.'14 12/14/2007 WILLIAM ADDAMS Sworn and Subscibed to By: before me this day Deputy Sheriff e?- of A.D? LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, PA 19422 (215) 654-9944 Attorney for Defendant, Ring Aru GEICO a/s/o ALLAN C. BISHOP Plaintiff V. RING ARU Defendant NO. 07-7395 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Ring Aru, in the above matter. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA LAW OFFIC ROBERT M. DONOVAN By: Thomas Sco nich, Esquire Attorney for Defendant, Ring Aru ` ? ? ? =? r._. t ...-4 ' ??' I J ? d { ? Y? .. , r'" I`mo'` ,. ?' ? , t?-_ rt. -.y? .? ? ? TO: PLAINTIFF You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against y LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1.767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, PA 19422 (215) 654-9944 Attorney for Defendant, Ring Aru GEICO a/s/o ALLAN C. BISHOP Plaintiff V. RING ARU Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-7395 Civil Term _DEFENDANT, RING ARU'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER Defendant, Ring Aru, by and through his attorneys, Law Office of Robert M. files this Answer to Plaintiff's Complaint with New Matter and in support thereof, as follows: 1-7. It is admitted that Defendant, Ring Aru owned the stated vehicle and was the of that vehicle at the time of the subject accident. Pursuant to Pa. R.C.P. 1029(e), all averments of the Plaintiffs' Complaint are denied generally. NEW MATTER 8. Plaintiffs' cause of action is barred by the applicable Statute of Limitations. 9. Plaintiffs' cause of action is barred by Plaintiffs' own contributory negligence. 10. The Provisions of Pennsylvania's Comparative Negligence Act, 42 Pa. C.S. §7102, apply in this case to limit or bar Plaintiffs' cause of action. 11. GEICO a/s/o Allan C. Bishop's cause of action is limited and/or controlled by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1701, et seq., and any amendments thereto, which law is incorporated herein by reference. 12. GEICO a/s/o Allan C. Bishop is precluded from maintaining an action for alleged non-economic loss pursuant to the terms and provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law (75 Pa. C.S. § 1701, et seq., and any amendments thereto), which law is incorporated herein by reference. 13. Pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 C.S. §1701, et seq., and its amendments, Plaintiffs are precluded from pleading, ng into evidence or providing or recovering the amount of benefits paid or payable said Act up to and including the limit or required benefits under said Act. Defendant asserts all of the defenses, limitations and immunities available to him under said Act. 14. Plaintiff has failed to state a claim against Ring Aru upon which relief can be 15. At all times material hereto, Ring Aru acted properly and reasonably. 16. Plaintiffs' claims are barred by the Doctrines of Waiver, Estoppel and/or 17. Plaintiffs' claims are barred by the Limited Tort provisions of the Pennsylvania Motor Vehicle Responsibility Law. 18. Plaintiff's damage claim is barred by the Doctrine of Release. 19. Plaintiff's damage claim is barred by the Doctrines of Accord and Satisfaction. 20. The Court does not have personal jurisdiction over Defendant, Ring Aru. WHEREFORE, Defendant, Ring Aru, demands judgment be entered in his favor and against Plaintiff, GEICO a/s/o Allan C. Bishop, together with all reasonable interest, expenses, counsel fees and costs. LAW OFFICE OF ROBERT M. DONOVAN By: ho as G. Sc pinich, Esquire Attorney for Defendant, Ring Aru VERIFICATION THOMAS G. SCOPINICH, ESQUIRE, hereby deposes and says that he is the attorney for Defendant, Ring Aru, in the within matter; that he is authorized to sign this Verification on behalf of said party; that he has read the foregoing Answer to Plaintiff's Complaint with New Matter and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. 1 4f, /,/ A5 G. S PINICH DATE: 5/12/08 LAW OFFICE OF ROBERT M. DONOVAN BY: Thomas G. Scopinich, Esquire Identification Number 76023 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, PA 19422 Attorney for Defendant, (215) 654-9944 Ring Aru GEICO a/s/o ALLAN C. BISHOP f Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. RING ARU Defendant - - NO. 07-7395 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Defendant's Answer to Plaintiff's Complaint with New Matter was served on all interested counsel by Facsimile and U.S. First Class Mail on May 12, 2008. COUNSEL: Jilliam A. Addams, Esquire 3 W. South Street .O. Box 261 arlisle, PA 17013 -n ?'? v -,cj?', ?-s'? ;-? , ??` ..-- c.9'? '??-r ?" °.^'?'At. F ? . 'y ? ? i ?. .. .,.-.^ ?-t.r WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 43 W. SOUTH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 LOP In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania Civil Action - Law VS. RING ARU REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER And now comes the plaintiff, GEICO, by its attorney, William A. Addams, and makes the following Reply to the Defendant's New Matter: REPLY TO NEW MATTER 8-20. The conclusions of law are denied. WHEREFORE, the plaintiff requests the New Matter be dismissed. Ile William A. ams Attorney for Plaintiff 43 W. South St. Carlisle, PA 17013 717-243-7638 c Ln .1 " V `' Li_1 1J ............................................................................................................................................................................................. ................: GEICO ASO/ALLAN C. BISHOP In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania Civil Action - Law No. 07 -7395 Civil Term VS. RING ARU Defendant CERTIFICATE OF SERVICE AND NOW, this 16`h day of May, 2008, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of Reply via United States Mail, addressed to the party or attorney of record as follows: Thomas G. Scopinich, Esquire Law Office of Robert M. Donovan 1767 Sentry Parkway West Madison Bank Bldg., Suite 240 Blue Bell, PA 19422 Attorney for Defendant William A. Addams Attorney for Plial-trififf'S 43 W. South St. Carlisle, PA 17013 717-243-7638 GEICO/ASO ALLAN C. BISHOP VS. RING ARU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7395 Civil Term 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: William A. Addams counsel for the plaintiff/ddndmt in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ $14,979.20 The counterclaim of the defendant in the action is Alma The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas G. Sco inich, Esquire, 1767 Sentry Pkwy West, Madison Bank Bldg., Ste.240 WHEREFORE. Your petitioner 'no B 11 PA 194 prays your Hoora?ile ?our? toappomt three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, -William A. Addams, Attorney for Plaintiff ORDER OF COURT AND NOW, petition, Esq., and 200____, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY ?"n h? ?._ ; ' ...''a ?` ?' ? . N l.? . ?? ° r ?? q R rµ ?' GEICO/ASO ALLAN C. BISHOP VS. RING ARU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7395 Civil Term 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: William A. Addams , counsel for the plaintiff/dda t in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ $14,979.20 The counterclaim of the defendant in the action is Nana The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas G. Scopinich, Esquire, 1767 Sentry WHEREFORE, your petitioner prays your Honoruable ?o A to whom the case shall be submitted. Pkwy West, Madison Bank Bldg., Ste.240 (3) arbitrators to Respectfully submitted, William A. Addams, Attorney for Plaintiff ORDER OF COURT NOW, petition, Esq., and captioned action (or B L A- l7 , 200 .85 , in"considerhtio/n of the foregoing Esq.,'and?{J . Esq., are appointed arbitrators in abov as prayed for. By ourt, B1 AY Y"`vI P d 'C. a ? sue' m 4ild 901 lb }, . f 7 qj Ifs L ?M +VVY Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.07--_'7315' 1 -,Q?, Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with _fidelity. , Si a Signature Signature 82 Wet L Name ((hairman) Name - -- - Name ( /?7 - :3?, -N V '7N Law firm ?b 2iox$ Address Law Firm Address ?ALQM Lj,p Law Firm Loug? ?tit r S CE Address L a ct I;.?(? i?QI 3 Jt.t- I I S ?. P A City, Zip City, Zip city, /zip ..?` 10169 -- A a dL. -V 166,2;?, We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) FGly 14a Vag r riy_ . - 'pia .ila,. aE '9- & . LC)_ d-5 -ova 17 . Arbitrator, dissents. Date of Hearing: Zj /tai axY < Date of Award: 21 MA .2 Notice of Entry of Award name if 11=1 ? Now, the day of 20rAat ;_?l? , .&.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ J.0.66 By: Prothonotary Deputy ro h v N N ?i -4 i+ a r? V --r -?j ?r -4, N 4=-'> o rfl CIO w CD a ?Y r? IN THE COURT OF COMMON PLEAS OF ( PENNSYLVANIA GFTCO n/.t/n APlann /3,;dh0P Plaintiff .Z;ny 04%1A Defendant File No. FROM AWARD OF BOARD OF ARBITRATORS TO Notice is given that ?/?p yp dnnf . R. n q Anu board of arbitrators entered in this case on F) ? „ - - o „ COUNTY, -73Y5 Civil Term PROTHONOTARY: from the award of the A jury trial is demanded . (Check the line if jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for p 70 ion to proce in forma pauperis. (Strike out the inapplicable clause.) ?- Appellant of Note: The demand for jury trial on appeal from c( Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. Vs of Appellant arbitration is governed by PlaintiflfttkF r Defendant In The Court of Common Pleas of Cumberland County, Pe sylvania No-c- Civil Action Law. Oath We do solemnly swear (or affirm) that we will support, obey a States and the Constitution of this Commonwealth and that we with fidelity. Signa a Signature !-22aauelLA2 ?to-,5 Name (Chairman) ( /7,7-36A7 Law Firm A?U.SG.,. ? T7a e In Name Law Firm b 2QX 1125 Address -I -T?ny...o leo Address L' - ¢-?'cr 1;?1? thn? 3 City, Zip City, zip Award We, the undersigned arbitrators, having been duly appointed and following award: (Note: If damages for delay are awarded, defend the Constitution of the United 11 discharge the duties of our office Signature Name -` / VI-lb ' K/11 Law Firm _362 S004-, 1-t' nbvt r Sheet- Address City, Zip i (or affumed), make the shall be separately stated. . Arbitrator dissents. (Insert name if applicable. Date of Hearing: Z( ja X)2 Chairman) Date of Award: 2 2 A Notice of Entry of Award Now, the day of -bcc- , 20ZA___,at -&.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ . o Wg„ COPY -'AOIM RE?„,1, in ? ilYN4,r?sf rv'l ri ot, I two u nd'1 he'd. M" X0.1, ?G7< ?yg? ° .•, ° -.,,J tii By:"h Prothonotary -GA- r ? 3 - 10 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ? Civil - w GE I CO , a / s / o © Appeal from arbitration ALLAN C. BISHOP (other) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. Q for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) Action La (Plaintift) VS. The trial list will be called on -&I? -A-.-:? ------ and RING ARU Trials commence on 6 / /09 (Defendant) Pretrials will be held on 6 / l 0 f 09 VS. (Briefs are due 5 days before prettials No. 07-7395 Term indicate the attorney who will try case for the party who files this praecipe: William A. Addams Indicate trial counsel for other parties if known: Thomas G. Scopinich, Esquire This case is ready for trial. Date: 4/28/09 Print Name: William A. Addams Attorney for: Plaintiff 0 4 4 RLED--C' F. CE C. OF THE r- W7NCTARY 2009 APR 29 PH 2: 33 C?Z 3 Y3 ?? 71?'•-- t ?2 If yid GEICO a/s/o /ALLEN C. BISHOP, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RING ARU, DEFENDANT 07-7395 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2009, IT IS ORDERED that a bench trial shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 9:00 a.m., Thursday, July 9, 2009. By the_ rt, Edgar-B. Bayley, J. William A. Addams, Esquire For Plaintiff Thomas G. Scopinich, Esquire For Defendant. Court Administrator _ P c - . - L •-7 :sal e ; v GEICO a/s/o /ALLEN C. BISHOP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RING ARU, DEFENDANT 07-7395 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2009, the bench trial currently scheduled for Thursday, July 9, 2009, is cancelled and rescheduled to com1 mence in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Thursday, July 16, 2009. By the Edgar B. Bayley/J. ?- William A. Addams, Esquire For Plaintiff ? THOMAS G. SCOPINICH, ESQUIRE 1767 SENTRY PARKWAY WEST MADISON BANK BUILDING, SUITE 240 BLUE BELL, PA 19422 For Defendant Court Administrator - :sal ?iES ma??, ?r? FILED-- OF THE FRti TH;", :'t'TAPY 2009 JUN 15 f i l 2.4 3 IN GEICO a/s/o ALLEN C. BISHOP, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RING ARU, : DEFENDANT 07-7395 CIVIL TERM VERDICT AND NOW, this Z ? day of July, 2009, following a bench trial, I find in favor of plaintiff and against defendant and award plaintiff damages in the amount of $14,784.20. illiam A. Addams, Esquire For Plaintiff J'fiomas G. Scopinich, Esquire 1767 Sentry Parkway West Madison Bank Building, Suite 240 Blue Bell, PA 19422 For Defendant :sal A FILED-Oi OF THE"'" ?,?; =NARY 2009 M 23 P 3: 09 WILLIAM A. ADDAMS ATTY. I.D. # 06265 43 W. SOUTH ST. P.O. BOX 261 CARLISLE, PA. 17013 717-243-7638 Plaintiff CUMBERLAND County Pennsylvania vs No. 07-7395 RING ARU Defendants Civil Action Law To: Curtis Long, Prothonotary: PRAECIPE Sir: No post trial motion having been filed, please enter a judgment on the July 23, 2009, Verdict in favor of the plaintiff and against the defendant in the amount of $14,784. William A. rams, Esquire Attorney for Plaintiff 43 W. South St. Carlisle, PA 17013 717-243-7638 August 12, 2009 2CQ9 UG 12 A1'll d i *- 13 t f o o o ? 3?q5 aq ?l/ 4 ?, l? •0