HomeMy WebLinkAbout08-1922
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
CIVIL DIVISION - ARBITRATION
No.: 08 - jqaa, l2 i vi I Term
CIVIL COMPLAINT
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
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION
AUTOMOBILE INSURANCE
COMPANY as subrogee of No.:
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
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 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 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
Monica Gallmon,
CIVIL DIVISION - ARBITRATION
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
Defendants.
No.: 0 a- t I?, ( fiuw
COMPLAINT
AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Monica Gallmon, 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
Monica Gallmon, 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. Monica Gallmon is an adult individual residing at 2706 Lexington Street,
Harrisburg, Pennsylvania 17110.
3. Defendant, Parvinder Singh, is an adult individual residing at 2696 Bonnie
Avenue, Doraville, Georgia 30340.
4. Defendant, Sukhvinder Singh, is an adult individual residing at 16742 Carrollton
Creek Lane, Houston, Texas 77084.
5. At all times relevant hereto, Gallmon was the owner and operator of a 2002
Dodge Caravan automobile.
6. At all times relevant hereto, Gallmon maintained a policy of automobile insurance
with State Farm which covered her aforementioned vehicle.
7. Pursuant to its policy of insurance, State Farm retains subrogation rights against
any party liable for causing damage to Gallmon's aforementioned vehicle.
8. At all times relevant hereto, Sukhvinder Singh was the owner of a 2005
Freightliner truck bearing Texas license plate number R9CL53.
9. At all times relevant hereto, Parvinder Singh was an employee and/or agent
and/or representative of Sukhvinder Singh, and was operating Sukhvinder Singh's
aforementioned vehicle within the course and scope of his employment and/or agency and/or
representation.
10. On or about May 29, 2007, Gallmon was traveling north in the left travel lane of
State Route 81 in Carlisle, Pennsylvania, at or near milepost 42.
11. Suddenly and without warning, Parvinder Singh, who had been traveling in the
right travel lane of State Route 81, did enter the left travel lane and did strike Gallmon's vehicle,
causing damage thereto.
12. The force of the aforementioned collision pushed Gallmon's vehicle into the grass
median, causing additional damage to Gallmon's vehicle.
13. Following the collision, Parvinder Singh fled the scene.
14. At all times relevant hereto, Gallmon was proceeding in a lawful manner and had
the right of way.
15. As a result of the aforementioned incident, the damages suffered by Gallmon
include, but are not limited to, damage to her vehicle and expenses associated with the use of a
rental vehicle.
16. Pursuant to its policy of insurance with Monica Gallmon, Plaintiff State Farm
paid damages in the amount of $7,238.19 as a result of the aforementioned damages suffered
Gallmon.
COUNT I - NEGLIGENCE
State Farm Mutual Automobile Insurance Companv
as subrozee of Monica Gallmon v. Parvinder Singh
17. Paragraphs 1-16 above are incorporated by reference herein as if more fully set
forth at length below.
18. The careless, negligent and reckless conduct of Parvinder Singh was the direct
and proximate cause of the damages suffered by Monica Gallmon, and that conduct is more
particularly set forth in the lettered paragraphs below:
a. In failing to control his vehicle;
b. In failing to look or watch where his vehicle was
being operated;
C. In changing lanes without first ensuring that it was
reasonably safe to do so;
d. In entering Gallmon's lane of travel;
e. In failing to yield the right of way to Gallmon;
f. In striking Gallmon's vehicle;
g. In failing to avoid striking Gallmon's vehicle;
h. In pushing Gallmon's vehicle into the grass median;
i. In failing to use his brakes or braking mechanisms;
j. In failing to recognize that Gallmon had control of
the left travel lane;
k. In operating his vehicle in a careless, negligent and
reckless manner;
1. In operating his vehicle in violation of the
Pennsylvania Motor Vehicle Code; and
m. In failing to provide Gallmon with the standard of
care owed to her under the existing circumstances.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Monica Gallmon, demands judgment in its favor and against the defendant,
Parvinder Singh, in the amount of $7,238.19, exclusive of interest and costs.
COUNT II - NEGLIGENCE
State Farm Mutual Automobile Insurance Company
as subrozee of Monica Gallmon v. Sukhvinder Singh
19. Paragraphs 1-18 above are incorporated by reference herein as if more fully set
forth at length below.
20. The careless, negligent and reckless conduct of Sukhvinder Singh was the direct
and proximate cause of the damages suffered by Monica Gallmon, and that conduct is more
particularly set forth in the lettered paragraphs below:
a. In failing to properly train his employee and/or agent
and/or representative;
b. In failing to properly supervise his employee and/or
agent and/or representative;
C. In allowing and/or permitting his employee and/or
agent and/or representative to act or omit to act as
described in paragraph 18; and
d. In failing to provide Gallmon with the standard of
care owed to her under the existing circumstances.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Monica Gallmon, demands judgment in its favor and against the defendant,
Sukhvinder Singh, in the amount of $7,238.19, exclusive of interest and costs.
Respectfully Submitted,
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY LLP
By. ?r.
Travis LM c 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 plaintiffs 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 unworn falsifications to authorities.
??irnA?-?. ? ?YYl_G`r P A nmp.t ? ?mK??
Travis L. McElhaney, Esquire O
Dated: M n y A, L O O S
PI)
cry
O
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Heather E. Klebe
Identification No.: 201310
240 N. 3rd Street, 9d' Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY a/s/o
MONICA GALLMON,
Plaintiff,
V.
PARVINDER SINGH and
SUKHVINDER SINGH
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION NO.: 08-1922
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of defendants, Parvinder Singh and
Sukhvinder Singh in the above-referenced matter.
RAWLE & HENDERSON LLP
BY:
Gary N. Stewart
Heather E. Klebe
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
Our File No.: 250405
Date:
2373085-1
G
CERTIFICATE OF SERVICE
I hereby certify that on today's date, a true and correct copy of the foregoing entry
of appearance was served by first-class mail, postage prepaid, upon all attorneys of
record, addressed as follows:
Travis L. McElhaney, Esquire
Christopher P. Deegan, Esquire
Weber, Gallagher, Simpson,
Stapleton, Fires & Newby, LLP
Two Gateway Center, 14th Mr.
Pittsburgh, PA 15222
RAWLE & HENDERSON LLP ? /- A?.
By:
Gary N. Stewart
Heather E. Klebe
Dated:
2373085-1
-a
c.tt
un
TO THE WITHIN NAMED PARTIES:
You are hereby notified to plead to the enclosed
ANSWER WITH NEW MATTER, within twenty
(20) days from th of service hereof or default
judgment wil r gainst you.
RA
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Heather E. Klebe
Identification No.: 201310
240 N. 3`d Street, 9"' Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
LLP
for Defendants
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY a/s/o
MONICA GALLMON,
Plaintiff,
V.
PARVINDER SINGH and
SUKHVINDER SINGH
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION NO.: 08-1922
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
Defendants, Parvinder Singh and Sukhvinder Singh, by and through their
attorneys, Rawle & Henderson LLP, answer plaintiff s complaint as follows:
1. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 1 of the
complaint and therefore said averments are denied.
2373144-1
2. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 2 of the
complaint and therefore said averments are denied.
3. Admitted upon information and belief.
4. Admitted upon information and belief.
5. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 5 of the
complaint and therefore said averments are denied.
6. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 6 of the
complaint and therefore said averments are denied.
7. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 7 of the
complaint and therefore said averments are denied.
8. Admitted upon information and belief.
9. Denied. The averments contained in paragraph 9 of the complaint contain
conclusions of law to which no responsive pleading is required and to the extent that they
are deemed otherwise, they are denied and strict proof thereof is demanded at trial.
10. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 10 of the
complaint and therefore said averments are denied.
2373144-1
11. Denied. It is specifically denied that Parvinder Singh suddenly and
without warning entered the left travel lane striking Gallmon's vehicle and causing
damage thereto, and strict proof thereof is demanded at trial.
12. Denied. Defendants specifically deny any negligence, carelessness or
recklessness and strict proof thereof is demanded at trial. By way of further answer,
defendant is without information or knowledge sufficient to form a belief as to the truth
of the remaining averments contained in paragraph 12 of plaintiffs complaint and,
therefore, said averments are denied. By way of further answer, paragraph 12 of
plaintiff's complaint contains conclusions of law to which no responsive pleading is
required and to the extent that they are deemed otherwise, they are denied.
13. Denied.
14. Denied.
15. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 15 of the
complaint and therefore said averments are denied.
16. Denied. Defendants have insufficient knowledge or information upon
which to form a belief as to the truth of the averments contained in paragraph 16 of the
complaint and therefore said averments are denied.
COUNT I - NEGLIGENCE
State Farm Mutual Automobile Insurance Company
as subrogee of Monica Gallmon v. Parvinder Singh
17. Paragraphs 1 - 16 above are incorporated by reference herein as fi more
fully set forth at length below.
2373144-1
18. (a. - m.) Denied. Defendants deny any negligence, carelessness or
recklessness and demand strict proof thereof at trial. By way of further answer,
paragraph 18 and its subparts of plaintiff's complaint contain conclusions of law to which
no responsive pleading is required and to the extent that they are deemed otherwise, they
are denied.
WHEREFORE, defendants Parvinder Singh and Sukhvinder Singh respectfully
request that this Honorable Court dismiss plaintiff's complaint with prejudice, deny the
relief requested therein, enter judgment in favor of defendants and against plaintiff, and
grant such other and further relief as this Honorable Court deems just and proper.
COUNT II - NEGLIGENCE
State Farm Mutual Automobile Insurance Company
as subrozee of Monica Gallmon v. Sukhvinder Singh
19. Paragraphs 1 - 18 above are incorporated by reference herein as fi more
fully set forth at length below.
20. (a. - d.) Denied. Defendants deny any negligence, carelessness or
recklessness and demand strict proof thereof at trial. By way of further answer,
paragraph 20 and its subparts of plaintiff s complaint contain conclusions of law to which
no responsive pleading is required and to the extent that they are deemed otherwise, they
are denied.
WHEREFORE, defendants Parvinder Singh and Sukhvinder Singh respectfully
request that this Honorable Court dismiss plaintiff's complaint with prejudice, deny the
relief requested therein, enter judgment in favor of defendants and against plaintiff, and
grant such other and further relief as this Honorable Court deems just and proper.
2373144-1
NEW MATTER DEFENSES
21. Plaintiff's Complaint fails to state a claim upon which relief can be
granted.
22. The damages alleged by plaintiff were caused solely or in part by the
negligence of plaintiff, its agent or employee.
23. If the event alleged in the Complaint occurred as alleged by plaintiff,
which is denied, it was caused by plaintiff, its agent or employee and was in no way
caused by an act or omission on the part of defendant or its agents.
24. No conduct on the part of defendant or its agents contributed to plaintiff's
alleged damages.
25. Any damages sustained by the plaintiff were entirely or substantially
caused by the negligence of plaintiff, its agent or employee, including contributory
negligence, comparative negligence, and/or the negligence of other parties or persons for
whom defendant has no responsibility, and not by the culpable conduct or negligence of
the defendant or its agents.
26. Plaintiff's claims are either barred or should be reduced as a result of the
plaintiffs or its agent's own contributory/comparative negligence and/or assumption of
the risk.
27. The damages complained of by plaintiff pre-existed or were sustained
after the accident which is the subject matter of the Complaint.
28. Plaintiff failed to mitigate its damages, if any.
29. Any alleged occurrence complained of by plaintiff, said occurrence being
specifically denied by defendant, was the result of an unavoidable accident or sudden
emergency.
30. Service of process was improper/insufficient.
31. This Honorable Court lacks jurisdiction over defendant.
2373144-1
WHEREFORE, defendants Parvinder Singh and Sukhvinder Singh respectfully
request that this Honorable Court dismiss plaintiff's complaint with prejudice, deny the
relief requested therein, enter judgment in favor of defendants and against plaintiff, and
grant such other and further relief as this Honorable Court deems just and proper.
RAWLE &
By:
Date:
?I i?iloP
Sad . Stewart:
Bather E. Klebe
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
Our File No.: 250405
2373144-1
VERIFICATION
GARY N. STEWART, ESQUIRE, hereby states that he is a member of the law
firm of Rawle & Henderson LLP, attorneys for defendants, Parvinder Singh and
Sukhvinder Singh, that he is authorized to take this verification on behalf of said
defendants. The undersigned verifies that he has read the within pleading and that the
same is true and correct to the best of his knowledge, information and belief. The
undersigned understands that the statements set forth in said pleading are made subject to
the penalties of 18 Pa. Cons. Stat. Ann. §4904 relating to unsworn falsification to
authorities.
DATED:
2373144-1
CERTIFICATE OF SERVICE
I hereby certify that on today's date, a true and correct copy of the foregoing
document was served by first-class mail, postage prepaid, upon all attorneys of record,
addressed as follows:
Travis L. McElhaney, Esquire
Christopher P. Deegan, Esquire
Weber, Gallagher, Simpson,
Stapleton, Fires & Newby, LLP
Two Gateway Center, 14"' Flr.
Pittsburgh, PA 15222
Dated:
RAWLE & HENDERS LLP
Bv:
Gary N. Stewart
Heather E. Klebe
2373144-1
?
%; . .?.r
}
® .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
CIVIL DIVISION - ARBITRATION
No.: 08-1922 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
14'' Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
46
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ARBITRATION
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY as subrogee of
Monica Gallmon,
CIVIL DIVISION
No.: 08-1922 Civil Term
Plaintiff,
VS.
PARVINDER SINGH and
SUKHVINDER SINGH,
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 defendant, Sukhvinder Singh, by Certified
Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing,
showing that the Complaint was delivered on April 7, 2008, 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.
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY LLP
r f G
ravis L. c lhaney, quire
U ?, Counsel for Plaintiff
Dated:
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery A-deslred.
¦ Print your name and address on the reverse
so that we can retum the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A Signature
x ? Agent
? Add,
B. Reoyiv by (Prf ) Date of Delivery
D. Is delivery adds d(fferent from item 1? ? Yes
If YES, enter delivery address below: ? No
T ce Type
rtified Mall ? Express Mail
gistered etum Receipt for Merchandise
ured Mall /ffC.O.D.
t 4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rrenster from service labeo 7006 0100 0002 8841 2849
Ps Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540
Sukh, vir4r Sinyh
Aal*? -rx- -7-?Ax-tl
?"' j 7! 4
?j
"T'i
f~
{ 4,7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
CIVIL DIVISION - ARBITRATION
No.: 08-1922 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
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ARBITRATION
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY as subrogee of
Monica Gallmon, No.: 08-1922 Civil Term
Plaintiff,
VS.
PARVINDER SINGH and
SUKHVINDER SINGH,
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 defendant, Parvinder Singh, by Certified
Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing,
showing that the Complaint was delivered on May 5, 2008, 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.
Respectfiilly submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY LLP
Travis L. McElhaney, Esquire
Counsel for Plaintiff
Dated: M., ? ? x008
• • • « • ii :i1??F :i Sri"'ii ?'Y`V 'Yr •+? L.. L..
¦ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the maiiplece,
or on the front If space permits.
V4?fj6AO1'Er cle Addressed to: S%n h
f1a?516?+,TY -7709 A. Signature
1 47 q-? ,4/roll jor 6"
X ? Ages 'g? ? Addres
ceived by (Printed Name) C. Date of Dqjh
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
3. SyvIce Type
Certified Mail ? Egress mail
? Registered XRetum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Ex" Fee) ? yea
2. Article Number 7006 0100 00 02 8841 4 812 .
(rmnsfer from servke label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-024N-1540
EXHIBIT
A
n ?.???
__
__ C. J
,,,? , ,
'
'"
r ?
4`
?. ,? ? ?
,
.
_ v?
.. _ . -:,
l {,'
ti; `,! _-k
<,.'-
-;i
?3 c `'
_,?
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
Defendants.
CIVIL DIVISION - ARBITRATION
No.: 08-1922 Civil Term
PROOF OF SERVICE
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
14`h Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ARBITRATION
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY as subrogee of
Monica Gallmon, No.: 08-1922 Civil Term
Plaintiff,
VS.
PARVINDER SINGH and
SUKHVINDER SINGH,
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 defendant, Parvinder Singh, by Certified
Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing,
showing that the Complaint was delivered on May 5, 2008, 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.
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY LLP
Travis L. McElhaney, Esquir
Counsel for Plaintiff
Dated: M a, ?L1?
r
¦ Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mail piece,
or on the front If space permits.
Vlcle Addressed to:
Y
147 q- ???roll?vr ?/ k
A Signature
X E3 Agent
? Addressee
ived by (Prlrrted Name) C. Date of oyve?r
D. is delNery address ditw t from Rem is address from Rem 1? "? Yes
If YES, enter delivery address below: ? No
3. S2vlce Type
Certified Mail ? Express Mail
? Registered XRetum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number ?006 0100 0 1 0 2 8841 4 812 .
(rMsfer from service label)
PS Form 3811, .February 2004 Domestic Return Receipt 102595.02-M-1540
E EXHIBIT
A
? ,,-_3
_
L
f;::::
i ?
..... ?._
? 1 :...
'-?,
f ? .. i
y
p +y
v "Yw
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
CIVIL DIVISION - ARBITRATION
No.: 08-1922 Civil Term
REPLY TO NEW MATTER
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
14'' Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDERj SINGH,
Defendants.
CIVIL DIVISION - ARBITRATION
No.: 08-1922 Civil Term
REPLY TO NEW MATTER
AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Monica Gallmon, 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 Reply to New Matter:
21. The averments set forth in paragraph 21 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
22. The averments set forth in paragraph 22 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
23. The averments set forth in paragraph 23 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
24. The averments set forth in paragraph 24 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
25. The averments set forth in paragraph 25 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
26. The averments set forth in paragraph 26 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
27. The averments set forth in paragraph 27 are denied pursuant to Pa.R.C.P.
1029(e) and strict proof of the same is demanded at the time of trial.
28. The averments set forth in paragraph 28 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
29. The averments set forth in paragraph 29 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
30. The averments set forth in paragraph 30 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
31. The averments set forth in paragraph 31 constitute conclusions of law to
which no response is necessary and are therefore deemed denied. Strict proof of the same
is demanded at the time of trial. By way of further response, these averments are denied
pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of
trial.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Monica Gallmon, demands judgment in its favor and against the defendants,
Parvinder Singh and Sukhvinder Singh, in the amount of $7,238.19, exclusive of interest
and costs.
Respectfully Submitted,
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY LLP
By:
Tr is L. McEI ey, re
Counsel for Plaintiff Es i
W
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 Reply to New Matter 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:
Trav' L. McElh y, Es uire
CERTIFICATE OF SERVICE
I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the
foregoing REPLY TO NEW MATTER was mailed via U.S. first class mail, postage prepaid,
upon the following party this2 8 day of May, 2008:
Gary N. Stewart, Esquire
Rawle & Henderson LLP
240 N. 3`d Street, 9'h Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
(Attorney for Defendants)
Travi L. McElhan , Esqu' e
Counsel for Plaintiff
r?-?
?
a 4.r
:
. ,;}.-:-
-
'
N
t++
S-kolke, -fox w\ iglu 606
` NUAC) tAbo Lkt- tiMQX(-CkJOC t
nwc oj-? subr?e.? o?
MCK-i Ca Gox\fnOnl
VS.
"V0.,'V\ncLe c' S??CJ?fI (a
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Q, 20_
S v?.1?1?v ?(1C???? ?in oh,
??-fe?da,rrt'sRULE 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:
'_ cav is L , tY1 c jjha &? A . Es g A'w , counsel for the ainti efendant in the above
action (or actions), respec y repr seats that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ I P, I!> O
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Re ly sub ,
?a??'s 1-. X4 zakic y,Lsy??
ORDER OF COURT
AND NOW,
petition,
200 , in consideration of the foregoing
Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY
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 1a day of June, 2008:
Gary N. Stewart, Esquire
Heather E. Klebe, Esquire
Rawle & Henderson LLP
Payne Shoemaker Building
240 N. Third Street, 9t' Floor
Harrisburg, PA 17101
(Attorneys for Defendants)
` /K-6
LZAACre
Travis L. McElhaney, Esquire
Counsel for Plaintiff
ra
,- ??
+
J
CZ) -.yr
.
?
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
CIVIL DIVISION - ARBITRATION
No.: 08-1922 Civil Term
NOTICE OF EVIDENTIARY
SUBMISSION PURSUANT TO
Pa.R.C.P. 1305
Defendants.
Filed on behalf of Plaintiff
Counsel of Record for this Parry:
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
14a' Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Monica Gallmon,
CIVIL DIVISION - ARBITRATION
Plaintiff,
VS.
PARVINDER SINGH
and SUKHVINDER SINGH,
Defendants.
No.: 08-1922 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,
Dated: I
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY LLP
Tra s L. McElh ey, Esqu'
Counsel for Plaintiff
.,.,. ... RBZ0006Z
date: 08-29-07
iwsruws '
STATE FARM FIRE AND CASUALTY COMPANY
AUTO PAYMENTS BY COL
named insured
GALLMON , MON = CA
COL 4 O O
page: 1
policy number
03 9 8- 3 7 8- 3 E32
date of loss
O 5- 2 9- 0 7
C denotes consolidated payment
P denotes previous data
E denotes EFT payment
LuL: 'I VU inaeimit : o i00 .v.7 air rcov: V. wV exp ense: U. VV
payment number payee amount status COL pay cd rsn reporting party
113335189) BIK'S AUTO COLL 395.08 PAID 400 3 Named Insu
113149249J BIK'S AUTO COLL 80.14 PAID 400 1 Named Insu
113711157J MONICA GALLMON 5,710.87 PAID 400 2 Named Insu
COL 5 O 1
C denotes consolidated payment
P denotes previous data
E denotes EFT payment
payment number payee amount status COL pay cd rsn reporting party
E 113335507K ENTERPRISE RENT 203.22 PAID 501 3 Named Insu
E 113635939K ENTERPRISE RENT 595.88 PAID 501 1 Named Insu
EXHIBIT
,un r.fr RBZ00032
date: 08-29-07
IrfYYfMC? time: 01:42 PM
STATE FARM FIRE AND CASUALTY COMPANY
VEHICLE DAMAGE REPORT
.................................
m
W, b
date of loss
05-29-07
Estimate Vehicle Info ?
.k Vehicle Owner: GALLMON, MONICA k
Vehicle Description: 02 DODGE CARAVAN PASSENGER VAN GOLD C/C ?
.k k
-r -?r -*r -A- -rtr?r -r -k?rik jk jk?rtkit?r?r-r3r-rs*r-JRr-r-Rr-Jc-r'zr-irtk"ArI1rIArtk'*kMawr-Jr-A- ?r-r
EXHIBIT
STATE FARM INSURANCE COMPANIES
LIKE A GOOD NEIGHBOR, STATE FARM IS THERE
1 STATE FARM DRIVE
CONCORDVILLE, PA 19339
PHONE (800) 839-8050 -- FAX ALL SUPPLEMENT REQUESTS TO (800) 916-0342
CD LOG NO 612 -3
CLAIM INFORMATION
CLAIM ## 38-L234-30901
COMPANY STATE FARM
FAX
INSURED GALLMON,MONICA
CLAIMANT
INSPECTION
TYPE FIELD
PRIMARY POI RIGHT DOOR
APPRAISER NAME JACKIE RAVENEL
LICENSE # 150155
ADDRESS
CITY STATE
ZIP
OWNER
REPAIR
GALLMON,MONICA
2706 LEXINGTON ST
HARRISBURG PA 17110-
BIK'S AUTO COLLISION
1101 BERRYHILL STREET
HARRISBURG PA 17104-
SHOP PHONE (717) 234-5615
06-05-07 11:43 AM
SUPPLEMENT S3 08-24-07 5:55 PM
POLICY #
CLAIM REP CLAIM REP,EXT 4180
WORK PH# (888) 713-4694
LOSS DATE 05-29-07
LOSS TYPE COLLISION
SECOND POI
INSP DATE 06-05-07
LOCATION JOE'S AUTOMOTIVE
CITY STATE HARRISBURG
WORK#
HOME#(717) 213-0313
CAR IN
CAR OUT
REPAIR DAYS
REG. ID 25 1856150
FAX (717) 234-1450
VEHICLE
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN
6CYL GASOLINE 3.3 FLEX
OPTIONS
TWO-STAGE - EXTERIOR SURFACES
HEATED WINDSHIELD
HEATED REMOTE CONTROL MIRRORS
POWER WINDOWS
MOTORIZED SLIDING DOOR
ANTI-LOCK BRAKE SYSTEM
CRUISE CONTROL
BODY COLOR GOLD C/C
CONDITION
TWO-STAGE - INTERIOR SURFACES
DRIVER POWER SEAT
POWER DOOR LOCKS
PRIVACY GLASS
HEATED TAILGATE GLASS
TILT STEERING WHEEL
MILEAGE 92,249
VIN 2B4GP44342R697314
-1-
PA
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
LICENSE # ENS 7041 CODE N663
LICENSE STATE PA VEH INSP #
REMARKS:
ESTIMATE WAS PREPARED BY JACKIE RAVENEL (ELECTRONIC SIGNATURE)
SUPPLEMENTAL REQUEST MUST BE FAXED TO 1-800-916-0342 PRIOR TO STARTING THOSE
REPAIRS. IF NO FAX CALL 1-800-839-8050 EXT 8526
ESTIMATE PREPAIRED BY GREG BEARD (ELECTRONIC SIGNATURE)
SUPPLEMENT REQUEST MUST BE FAXED TO 1-800-916-0342
PRIOR TO STARTING THOSE REPAIRS. IF NO FAX CALL 1-800-839-8050 EXT 8526
S2 SUPPLEMENT BY GREG BEARD 135814. DIRECTION TO PAY SIGNED AT SHOP
BUMPER COVERS & DOOR HANDLES DO NOT MATCH FINISH PRIOR TO LOSS
QUALITY RECYCLED PARTS AVAILABLE AT
STEINER'S AUTO SALVAGE LEBANON,PA 1-800-640-3390
S1 SUPPLEMENT BY GREG BEARD 135814. DIRECTION TO PAY SIGNED AT SHOP
OP CODES:
* = USER-ENTERED VALUE E = REPLACE OEM NG = REPLACE NAGS
EC = ** NON-OEM PART UC = RECOND PART UM = REMAN/REBUILT PART
EU = RECYCLED PART EP = ** NON-OEM PART PC = RECOND PART
PM = REMAN/REBUILT PART TE = PARTL REPL PRICE ET = PARTL REPL LABOR
IT = PARTIAL REPAIR I = REPAIR L = REFINISH
BR = BLEND REFINISH TT = TWO-TONE CG = CHIPGUARD
SB = SUBLET N = ADDITIONAL OPERATION RI = R&I ASSEMBLY
P = CHECK RP = RP-RELATED PRIOR UP = UP-UNRELATED PRIOR
OP GDE MC DESCRIPTION MFR.PART NO.
- PRICE AJt BW
-- HOURS R
-- --- -- -----------
N 0018 FRONT BUMPER COVER -----------
R& ADDITIONAL OPERAT --- --- -- -----
INC -
1
I 0018 COVER,FRONT BUMPER REPAIR 4.0*1
L 0018 10 COVER,FRONT BUMPER REFINISH 3.1*4
2.0* SURFACE
0.6 TWO-STAGE SETUP
0.5 TWO-STAGE
>>REFINISH WITHIN PANEL BOUNDARIES
E 0014 RET,FRT BUMPER COVE RT 4857610AA 4.45 2.2 1
RI 0027 ORNAMENT,FRT BMPR CVR R&I ASSEMBLY 0.2 1
RI 0010 DEFL,FRONT BUMPER R&I ASSEMBLY 0.4 1
RI 0566 GRILLE ASSEMBLY R&I ASSEMBLY 0.2 1
EU 0042 HEADLAMP ASSY,HALOG RT RECYCLED PART 125.00* +25 INC 1
N 0973 HEADLAMPS AIM ADDITIONAL OPERAT 0.4 1
BR 0083 PANEL,HOOD BLEND REFINISH 1.6 4
1.1 BLEND
0.5 TWO-STAGE
N 0762 A/C EVAC RECHRG & RCV ADDITIONAL OPERAT S2 1.8 2
EP 0731 CONDENSER,A/C ** NON-OEM PART 218.00 Sl 1.8 2
EU 0104 FENDER,FRONT RT RECYCLED PART 125.00* +25 3.1 1
>>LINER INC WITH FENDER
L 0104 FENDER,FRONT RT REFINISH 2.8 4
1.8 SURFACE
-2-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
0.5 EDGE
0.5 TWO-STAGE
E 1023 CABLE,ANTENNA RT 4685765AC 15.91 0.8 1
E 0116 MAST,ANTENNA RT 4685574 19.00 0.1 1
EU 0106 SKIRT,INNER FENDER RT RECYCLED PART INC* INC 1
E 0921 01 COVER,FRONT WHEEL LT 4766971AA 74.75 1
E 0922 01 COVER,FRONT WHEEL RT 4766971AA 74.75 1
I 0970 SUSP ALIGN,4 WHEEL SUBLET 79.95* 2
I 0166 07 PILLAR,WINDSHIELD RT REPAIR 3.0*1
L 0166 10 PILLAR,WINDSHIELD RT REFINISH 0.4*4
0.3* SURFACE
0.1 TWO-STAGE
>>REFIN ISH WITHIN PANEL BOUNDARIES
I 0182 07 PANEL,BODYSIDE FRON RT REPAIR 3.5*1
L 0182 10 PANEL,BODYSIDE FRON RT REFINISH 1.8*4
1.0* SURFACE
0.8 TWO-STAGE
>>REFINISH WITHIN PANEL BOUNDARIES
EU 0208 DOOR ASSEMBLY,FRONT RT RECYCLED PART 550.00* +25 2.5 1
L 0208 DOOR SHELL,FRONT RT REFINISH 3.5 4
1.9 SURFACE
1.0 EDGE
0.6 TWO-STAGE
RI 0243 W/STRIP,FRT DOOR BO RT R&I ASSEMBLY 0.5 1
EU 0253 PNL,INNER DOOR TRIM RT RECYCLED PART 100.00* +25 INC 1
>>SPECIFY TRIM CODE & COLOR WHEN ORDERING PART
EU 0497 APPLIQUE,FRT DOOR F RT RECYCLED PART INC* INC 1
E 0072 01 MLDG,FRONT DOOR SID RT RQ44ABVAA 61.45 0.4 1
EU 0236 MIRROR,OUTER R/C RT RECYCLED PART 50.00* +25 INC 1
EU 0232 HINGE,FRONT DOOR UP RT RECYCLED PART 0.2 1
L 0232 HINGE,FRONT DOOR UP RT REFINISH 0.4 4
0.3 SURFACE
0.1 TWO-STAGE
EU 0234 HINGE,FRONT DOOR LW RT RECYCLED PART INC* 0.2 1
L 0234 HINGE,FRONT DOOR LW RT REFINISH 0.4 4
0.3 SURFACE
0.1 TWO-STAGE
EU 0226 ROD,FRONT DOOR CHEC RT RECYCLED PART INC* 0.2 1
RI 0306 CYL,FRONT DOOR LOCK RT R&I ASSEMBLY INC 1
L 0212 HANDLE,FRONT DOOR 0 RT REFINISH 0.4 4
0.3 SURFACE
0.1 TWO-STAGE
RI 0212 HANDLE,FRONT DOOR 0 RT R&I ASSEMBLY INC 1
I 0190 07 PILLAR,CENTER RT REPAIR 2.0*1
L 0190 10 PILLAR,CENTER RT REFINISH 0.7*4
0.5* SURFACE
0.2 TWO-STAGE
EU 0288 DOOR ASSEMBLY,REAR RT RECYCLED PART 550.00* +25 2.7 1
L 0288 DOOR SHELL,REAR RT REFINISH 4.3 4
2.6 SURFACE
-3-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
1.0 EDGE
0.7 TWO-STAGE
RI 0329 W/STRIP,RR DOOR BOD RT R&I ASSEMBLY 0. 5 1
E 0240 01 MLDG,REAR DOOR SIDE RT SU98AJ6AA 58.50 0. 4 1
RI 0322 HANDLE,RR DOOR OUTE RT R&I ASSEMBLY INC 1
I 0390 PANEL,BODYSIDE OUTE RT REPAIR 9. 0*1
>>REPAIR TIME ALLOWED IS AFTER PULL COMPLETED
N COLLISION PULL ADDITIONAL OPERAT 3. 0*1*
>>INC SETUP & PULL A & B PILLARS & RR QTR
I PINCH WELD REPAIR REPAIR 0. 5*1*
L PINCH WELD REFINISH REFINISH S2 0. 5*4*
0.5* SURFACE
L 0390 PANEL,BODYSIDE OUTE RT REFINISH 2. 2*4
2.2* SURFACE
INC TWO-STAGE
>>REFINISH WITHIN PANEL BOUNDARIES
RI 0351 MLDG,QUARTER SIDE RT R&I ASSEMBLY 0. 2 1
RI 0534 TAILLAMP ASSEMBLY RT R&I ASSEMBLY 0. 3 1
N 0553 REAR BUMPER COVER R&I ADDITIONAL OPERAT 0. 9 1
>>PAINT CHIPS RT SIDE NOT FROM THIS LOSS--PRIOR DAMAGE
N M03 FLEX ADDITIVE ADDITIONAL OPERAT 3.00* 1*
N M14 CORROSION PROTECTION ADDITIONAL OPERAT 0. 4*4
N M21 REFRIGERANT ADDITIONAL OPERAT 76.31* S1 0. 0*1
»2.6 LBS R134A @ 29.35 PER POUND
N M58 CLEAN FOR DELIVERY ADDITIONAL OPERAT 0. 5*1
N M69 GLASS CLEAN UP ADDITIONAL OPERAT 0. 5*1
>>CLEAN BROKEN GLASS FROM INTERIOR OF VEH
N SEAM SEALER ADDITIONAL OPERAT 6.00* 0. 2*1*
L JAMBS REFINISH 0. 5*4*
0.5* SURFACE
N ADHESIVE CLEAN UP ADDITIONAL OPERAT 0. 1*4*
N MASK JAMBS ADDITIONAL OPERAT 0. 3*4*
N NIB SANDING/DE-NIB ADDITIONAL OPERAT 0. 8*4*
SB REMOVE HAZARDOUS WASTE SUBLET 3.00* 0. 0*1*
N RETAPE MLDGS ADDITIONAL OPERAT S2 0. 1*4*
N CAR COVERS ADDITIONAL OPERAT 5.00* S2 0. 2*1*
L TOUCH-UP BOLTS REFINISH S2 0. 1*4*
0.1* SURFACE
N BACK TAPE MLDGS ADDITIONAL OPERAT S2 0. 2*4*
N FREON OIL ADDITIONAL OPERAT 2.81* S2 1*
70 ITEMS
MC MESSAGE
01 CALL DEALER FOR EXACT PART # / PRICE
07 STRUCTURAL PART AS IDENTIFIED BY I-CAR
10 INCLUDES AUDATEX TIME TO CLEAR ENTIRE PANEL.
FINAL CALCULATIONS & ENTRIES
-4-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
PARTS
GROSS PARTS
OTHER PARTS
PAINT MATERIAL
ADJUSTMENTS DISCOUNT MARKUP
LINE ITEMS $ 375.00
PARTS & MATERIAL TOTAL
TAX ON PARTS & MATERIAL @ 6.000%
LABOR RATE REPLACE HRS REPAIR HRS
1-SHEET METAL $ 42.00 15.1 27.7
2-MECH/ELEC $ 42.00 1.8 1.8
3-FRAME $ 48.00
4-REFINISH $ 42.00 22.7 1.9
5-PAINT $ 21.00
LABOR TOTAL
TAX ON LABOR @ 6.0001
SUBLET REPAIRS
TOWING
STORAGE
GROSS TOTAL
LESS: DEDUCTIBLE
NET TOTAL
LESS: PREVIOUS NET TOTAL
NET SUPPLEMENT TOTAL
$ 308.81
$ 1,811.12
$ 516.60
$ 3,011.53
$ 180.69
$ 1,797.60
$ 151.20
$ 1,033.20
$ 2,982.00
$ 178.92
$ 82.95
$ 6,436.09
$ 250.00-
$ 6,186.09
$ 6,186.09-
$ 0.00
PXN Y/00/00/00/00/00 CUM 01/01/00/00/00 GEOCODE: 17070 HARRISBURG
AUDATEX PENPRO W0412 S3 LOG612 -3 08-24-07 18:05:31
REL 4.12.20 DT 08/07
(C) 1993 - 2006 AUDATEX NORTH AMERICA, INC.
4.8 HRS WERE ADDED TO THIS EST. BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA.
ESTIMATE CALCULATED USING THE 2.5 HOUR MAXIMUM ALLOWANCE FOR TWO-STAGE
REFINISH OF NON-FLEX, EXTERIOR SURFACES.
-------------------------------------------------------------------------------
SM-SHEET METAL ME-MECH/ELEC FR-FRAME RE-REFINISH SY-SYSTEM
THIS IS AN ESTIMATE. REPAIR FACILITIES MUST INSPECT THE VEHICLE TO DETERMINE
IF ANY REPAIRS NOT LISTED ARE REQUIRED, AND TO CONTACT STATE FARM BEFORE
MAKING SUCH REPAIRS. REPAIRER ALSO IS RESPONSIBLE FOR CONDUCTING ANY
-5-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
NECESSARY INSPECTION AND SAFETY CHECKS PRIOR TO AND AFTER COMPLETING REPAIRS.
-6-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN
CLAIM # 38-L234-30901 LOG 612 -3
ESTIMATE SUMMARY PAGE
JACKIE RAVENEL
NET SUPPLEMENT TOTAL
LESS: PREVIOUS NET TOTAL
GROSS TOTAL
LESS: DEDUCTIBLE
NET TOTAL
LESS: PREVIOUS NET TOTAL
NET SUPPLEMENT TOTAL
06-05-07 11:43 AM
S3 08-24-07 5:55 PM
$ 0.00
$ 6,186.09-
$ 6,436.09
$ 250.00-
$ 6,186.09
$ 6,186.09-
$ 0.00
AUDATEX PENPRO W0412 S3 LOG612 -3 08-24-07 18:05:31
REL 4.12.20 DT 08/07
(C) 1993 - 2006 AUDATEX NORTH AMERICA, INC.
YOU ARE UNDER NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP.
ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER
FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING
INFORMATION, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS
AND PAYMENT OF A FINE OF UP TO $15,000.
FAILING TO PRESENT THIS ESTIMATE TO THE REPAIRING FACILITY BEFORE A REPAIR MAY
RESULT IN ADDITIONAL EXPENSE TO YOU.
COPY OF THE FORM(S) WAS SENT/GIVEN TO THE CONSUMER ON:
-7-
QUALITY REPLACEMENT PARTS REPORT
CD LOG NO 612 -3 DATE 08-24-07
VEHICLE
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN
6CYL GASOLINE 3.3 FLEX
OPTIONS
TWO-STAGE - EXTERIOR SURFACES
HEATED WINDSHIELD
HEATED REMOTE CONTROL MIRRORS
POWER WINDOWS
MOTORIZED SLIDING DOOR
ANTI-LOCK BRAKE SYSTEM
CRUISE CONTROL
TWO-STAGE - INTERIOR SURFACES
DRIVER POWER SEAT
POWER DOOR LOCKS
PRIVACY GLASS
HEATED TAILGATE GLASS
TILT STEERING WHEEL
SUPPLIER PART
PART DESCRIPTION NUMBER
SUBSTITUTED FOR
OEM PART
NUMBER
SUPPLIER CLS SRC
CODE
COOLING AND AIR CONDITIONING
CONDENSER,A/C
MO1K300054
MO1K300054
4957
4809227AD
4809227AD
4809227AD
001 1
002 1
003 1
KEY TO CLASSIFICATION/SOURCE CODES
CLS = CLASSIFICATION CODE:
C - CAPA CERTIFIED PART QUOTED BY LISTED SUPPLIER
M - REMANUFACTURED/REBUILT PART
R - RECONDITIONED PART
S - OEM SURPLUS PART
SRC = SOURCE CODE:
1 - NON ORIGINAL EQUIPMENT MANUFACTURER PART
3 - ORIGINAL EQUIPMENT MANUFACTURER (OEM) PART
DETAILED DISTRIBUTOR LIST
001 - PXN6106 NAPA PARTS
CALL YOUR LOCAL NAPA STORE
1-800-LET-NAPA, GA 30339
(800) 538-6272 (000) 000-0000
002 - PXN9471 NAPA PARTS NWPP
CALL YOUR LOCAL NAPA STORE
1-800-LET-NAPA, GA 30339
(800) 538-6272 (000) 000-0000
-1-
2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN 06-05-07 11:43 AM
CLAIM # 38-L234-30901 LOG 612 -3 S3 08-24-07 5:55 PM
003 - PXN9968 PERFORMANCE RADIATOR
8342-54 STATE ROAD #12
PHILADELPHIA, PA 19136
(877) 723-4286 (215) 333-1610
AUDATEX PENPRO W0412 S3 LOG612 -3 08-24-07 18:05:32
REL 4.12.20 DT 08/07
GEOCODE: 17070 SA: HARRISBURG
(C) 1993 - 2006 AUDATEX NORTH AMERICA, INC.
-2-
*** SUPPLEMENT RECONCILIATION ***
-------------------------
-------------------------
CD LOG NO 612 -3 SUPPLEMENT S3
CLAIM # 38-L234-30901 POLICY #
INSURED GALLMON,MONICA INSP DATE 06-05-07
OWNER GALLMON,MONICA APPRAISER JACKIE RAVENEL
VEHICLE 2002 DODGE CARAVAN GRAND SPORT 4 DR PASSENGER VAN
SUPP 3 NET TOTAL
SUMMARY NET TOTAL DATE
SUPP 2 80.14 07-11-07
SUPP 3 0.00 08-24-07
TIME
1:53 PM
5:55 PM
APPRAISER
GREG BEARD
JACKIE RAVENEL
0.00
-1-
38L234309, Monica Gallmon, 29-05-2007
Rental Invoice
Rental Vendor Information
Enterprise Rent-A-Car (5765)
ENTERPRISE RENT-A-CAR
HARRISBURG, PA 17104-1710
717-238-7541
Claim Information
Claim Number. 381-234309
Insured Name: GALLMON, MONICA
Renter Name: GALLMON, MONICA
Driver Name:
Date of Loss: 0529/2007
Bill Start Date: 05/31/2007
Bill End Date: 0620/2007
Page 1 of 1
Billing Detail
Description Rate Amount
21 DAYS @ 30.99 650.79
21 TRANSTAX 2.00 42.00
1 SALES TAX% 8.00 52.06
Total Ticket Charges: $744.85
Total Amount Received: $148.97
Total Billed to Others:
Total Amount Due: $595.88
Remit To Address: 2625 MARKET PLACE
HARRISBURG
HARRISBURG, PA 17110
Invoice Number. 576513667294
Group/Branch Location: 5799
EXHIBIT
.3 1 http://sfnet.opr.statefarin.org/RentalMan, 8/29/2007
38L234309, Monica Gallmon, 29-05-2007
Rental Invoice
Rental Vendor Information
ENTERPRISE RENT-A-CAR
HARRISBURG, PA 17111-1035
717-564-9444
Claim Number. 381-234309
Insured Name: GALLMON, MONICA
Renter Name: GALLMON, MONICA
Driver Name:
Date of Loss: 05/29/2007
Rental
Bill End Date: 07/17/2007
Page 1 of 1
Billing Detail
Description Rate Amount
8 DAYS @ 27.55 220.40
8 TRANSTAX 2.00 16.00
1 SALES TAX% 8.00 17.63
Total Ticket Charges: $254.03
Total Amount Received: $50.81
Total Billed to Others:
Total Amount Due: $203.22
Remit To Address: 2625 MARKET PLACE
HARRISBURG
HARRISBURG, PA 17110
Invoice Number: 5702D256732
Group/Branch Location: 5799
http://sfnet.opr. statefarm. org/RentalManagement2/aspx/Pages/frmViewB ill.aspx?format=J... 8/29/2007
CERTIFICATE OF SERVICE
I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the
foregoing NOTICE OF EVIDENTIARY SUBMISSION PURSUANT TO Pa.R.C.P. 130?was
mailed via U.S. first class mail, postage prepaid, upon the following party this day of
August, 2008:
Gary N. Stewart, Esquire
Heather E. Klebe, Esquire
Rawle & Henderson LLP
240 N. 3'd Street, 9' Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
(Attorneys for Defendants)
Counsel for Plaintiff
ate- --.?
' -r Fri
f
•
r.w ... ?? J
_?
L ="?: r C'7
Q *7.
^G
S't ckk e.. rG,t m MlA`iu G`\
kvxko Kok;?kke.
a, ? r O IN THE COURT COM
CUMBERLAND COUNTY,
?t1?41?c - NO.D?-- to a Q
VS.
?1 acv`?,nc? e?' S ?r?c?h o„c
RULE 1312-1 The Petition for Appointment of Arbitrators shall be
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
71ca4?.S L. m LEJ? ?: counsel for the ainti efendant
action (or actions), respec y repr seats that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $_ 9 2i ?!) S. 10,
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise
as arbitrators:
PLEAS OF
SYLVANIA
20
in the
the above
Wified to sit
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
whom the case shall be submitted.
Re ly su tte ,
raV,'S L. X1 lanc
ORDER OF COURT
AND NOW, 200 - J n onsid
petition, Esq., and
Esq-, and Esq., are appointed
captioned action (or actions) as prayed for.
Court,
r ? K(ALII
'AR B. BAYLEY
rators to
LsU??rc
he foregoing
fo?
in the above
ti
! 1
CERTIFICATE OF SERVICE
I, Travis L. McElhaney, Esquire, do hereby certify that a true and
copy of the
foregoing PETITION FOR APPOINTMENT OF ARBITRATORS was ma?led via U.S. first
class mail, postage prepaid, upon the following party this I '-k_ day of June, 2008:
Gary N. Stewart, Esquire
Heather E. Klebe, Esquire
Raw le & Henderson LLP
Payne Shoemaker Building
240 N. Third Street, 9 h Floor
Harrisburg, PA 17101
(Attorneys for Defendants)
Ik-6
Travis L. McElhaney,
Counsel for Plaintiff
? ti?
??
F
STATE FARM MUTUAL AUTO INS.
SUBROGEE OF MONICA GALLMON
Plaintiff
PARVINDER SINGH and
SUKHVINDER SINGH
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 08 - 1922
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.
C-L- I
IRWIN & McKNIGHT
Law Firm
60 W. POMFRET ST.
Address
CARLISLE. 17013
City, Zip
SALZMANN HUGHES. PC
Law Firm
354 ALEXANDER SPRING RD
Address
CAUTSLE, 1701
City, zip
Name
SUSAN KAY rANDTRLLO LAW FIRM
Law Firm
4111 n_ GLENF'TNNAN PTA CE
Address
MECHANICSBURG, 17055
city, zip
10 3-;
//11d7 Award
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.)
b?t r'ui.4 tN F*V04 o i At t /?llftw• tr FF IZW /!>?O?.r? ?'?
r7 Z3?d,?9 Plug ,vr"rS7 Goss
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: oq h of a 6
Date of Award: `C (1 e j0S
Signature
PA RTCTA R_ BROWN
Name
Notice of Entry of Award
Now, the day of A A 206j& at 9,06'a-, &M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitr4tors' compensation to be paid upon appeal: $ S V0. 66
By:
Prothonotary
Deputy
7 Q i?lo " Ltf
received ce 4.0
Cor?p?
10 ,pfoki a
werved
r
1
W
f
-4 cA
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Heather E. Klebe
Identification No.: 201310
240 N. 3`d Street, 9t' Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
STATE FARM MUTUAL AUTOMOBILE : COURT OF COMMON PLEAS
INSURANCE COMPANY a/s/o CUMBERLAND COUNTY
MONICA GALLMON,
Plaintiff,
CIVIL ACTION NO.: 08-1922
V.
PARVINDER SINGH and
SUKHVINDER SINGH
Defendants
NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that Defendants, Parvinder Singh and Sukhvinder Singh appeal the
Award of the Board of Arbitrators entered in this case on November 3, 2008.
A jury trial is demanded.
I hereby certify that compensation of the arbitrators has been paid.
Dated: \1 D %
RAWLE & HEND N LLP
By:
Stewart
Heather E. Klebe
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
2669713-1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Defendant's Notice of
Appeal from Award of Arbitrators, was served upon the below listed counsel this date by first-
class mail, postage prepaid.
Travis L. McElhaney, Esquire
Christopher P. Deegan, Esquire
Weber, Gallagher, Simpson,
Stapleton, Fires & Newby, LLP
Two Gateway Center, 14th Mr.
Pittsburgh, PA 15222
RA'
By:
Dated: ?\ 2 OK
2669713-1
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
Our File No.: 250405
r.?
-a
RAWLE & HENDERSON LLP
By: Gary N. Stewart
Identification No.: 67353
By: Heather E. Klebe
Identification No.: 201310
240 N. 3`a Street, 9th Floor
Payne Shoemaker Buildings
Harrisburg, PA 17101
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
STATE FARM MUTUAL AUTOMOBILE : COURT OF COMMON PLEAS
INSURANCE COMPANY a/s/o CUMBERLAND COUNTY
MONICA GALLMON,
Plaintiff,
CIVIL ACTION NO.: 08-1922
V.
PARVINDER SINGH and
SUKHVINDER SINGH
Defendants
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Settled, Discontinued and Ended, with
Prejudice.
RAWLE & HENDERSON LLP
By: /Z/
Stewart
Heather E. Klebe
Attorneys for Defendants,
Parvinder Singh and
Sukhvinder Singh
WEBER, GALLAGHER, SIMPSON,
STAPLETON, FIRES & NEWBY, LLP
By:
ravis L. Mc haney, E //ire
Attorneys for Plaintiff,
State Farm Automobile Insurance Company
a/s/o Monica Gallmon
Dated:
2687006-1
,'
ca `,-
??.:?
C';
?? _.
.,,.?
?`
t ? '?Y
.. ?'? Fes'-