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Home My WebLink About04-0740IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Noel Diaz AMERIKA HOOVER Plaintiff, Defendant, CAS NO: 0 TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: GERIANNE HANNIBAL, ESQUIRE Pa. I.D. #66622 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 03442925 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DWISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Noel Diaz Plaintiff, AMERIKA HOOVER CASE NO: TYPE OF PLEADING: COMPLAINT 1N CIVIL ACTION Defendant. 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 other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 249 3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSWE CASUALTY INSURANCE COMPANY, Subrogee of Noel Diaz Plaintiff, AMERIKA HOOVER Defendant. CASE NO: TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Casualty Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 89480, Cleveland, OH 44101. Defendant is an adult individual with a last known address of 476 Highland Street, Harrisburg PA 17113. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2001 Toyota Corolla ("Insured Vehicle"), owned by Plaintiff's insured. 4. On or about March 4, 2002 defendant negligently, recklessly and carelessly operated a Vehicle causing damage to the vehicle owned and operated by Progressive's insured by striking the Insured Vehicle in Mechanicsburg PA. 5. As a direct and proximate result of Defendant's negligence, the vehicle owned by Progressive's Insured sustained property damages in the amount of $ 3,460.07. A true and correct copy of the repair bills are attached hereto as Exhibit "1" and made a part hereof. 6. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $2,960.07, which represents the property damages sustained to its lnsured's Vehicle. A true and correct copy of the record of the drafts paid by Progressive to and on behalf of its Insured are attached hereto as Exhibit "2" and made a part hereof. 7. Under the terms of the insurance policy issued by Progressive, its insured also sustained damages in the amount of $500, which represents the deductible amount under the policy of insurance. 8. Pttrsuant to the insurance policy issued by Progressive and as a result of said aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. 9. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendant the sum of $3,460.07. 10. Repeated demands have been made upon Defendant for payment of the aforesaid sum; however, Defendant has willfully failed and refused to pay the sum due and owing to Progressive. 11. Defendant had no liability insurance coverage at the time of the accident in violation of the Pennsylvania Financial Responsibility Law. WHEREFORE, Plaintiff, demands Judgment against Defendant in the amount of $3,460.07 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted:, ,~ pG~. g 6~1, Esquire Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Bldg. 436 7~ Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03442925 03/04/2002 at 01:57 PM 02-7852989-01 74659 PROGRESSIVE INSURANCE COMPANIES Harrisburg Claims Office 5053 Ritter Rd. Suite 101 Mechanicsburg, PA 17055 (800)274-4499 Fax: (717)697-6711 ESTIMATE OF RECORD Written by: BRIAN SCHLEIG #140291 03/04/2002 01:56 PM Adjuster: B~NDON CRABTREE # Insured: Owner: Address: Other: Business: NOEL DIAZ NOEL DIAZ 212 E. MAIN ST. APT.1 SHIREMANSTOWN, PA 17011 (717)763-7671x0000 (717)260-7157x0000 Claim #02-7852989-01 Policy# Date of Loss: 03/04/2002 at 09:30 AM Type of Loss: Collision Point of Impact: 1. Right Front Inspect Location: DRIVE IN Repair Facility: FAULKNER WODY WORKS 2060 Paxton St. Harrisburg, PA 17111 Business: (717)238-7324 Days to Repair License # 2001TOYO COROLLA LE 4-1.8L-F! 4D SED RED Iht: VIN: 2T1BR12E12C580865 Lic: BLR4416 PA Prod Date: Air Conditioning Intermittent Wipers Clear Coat Paint Power Windows FM Radio Search/Seek Cloth Seats Automatic Transmission Rear Defogger Body Side Moldings Power Steering Power Locks Stereo Driver Airbag Bucket Seats Overdrive Odometer: 5527 Tilt Wheel Dual Mirrors Power Brakes AM Radio Cassette Passenger Airbag Recline/Lounge Seats NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1# Rpr set up and measure 2.0 F 2# Rpr pull unibody 3.0 F 03/04/2002 at 01:57 PM 74659 ESTIMATE OF RECORD 2001TOYO COROLLA LE 4-1.8L-FI 4D SED RED Int: 02-7852989-01 NO. OP, DESCRIPTION QTY EXT. PRICE LABOR PAINT 4 FRONT BUMPER 5 O/H front bumper 2.2 6 Repl Bumper cover 1 138,84 Incl. 2.6 7 Add for Clear Coat 1.0 8 Repl Absorber 1 56.27 Incl. 9 Repl Reinforcement i 112.54 Incl. 10 Repl Trim molding i 46.01 11 FRONT LAMPS 12 Repl RT Headlamp assy i 137.29 Incl. 13 Aim headlamps 0,5 14 Repl RT Signal lamp 1 82.58 Incl. 15 COOLING 16 Repl Upper tie bar i 109.03 s 1.5 0.5 17 Repl RT Side panel 1 30.90 s 2.0 0.5 18 Overlap Minor Panel -0,2 19' R&I RT Radiator assy upper bracket 0.2 20 HOOD 21 Repl Hood I 183.97 1.0 2.8 22 Overlap Major Adj. Panel -0.4 23 Add for Clear Coat 0.5 24 Add for Underside(Complete) 1.4 25 Repl Insulator I 142.07 Incl. 26 Repl RT Hinge 1 22.26 0.3 0.3 27 Repl LT Hinge i 22.26 0.3 0.3 28 FENDER 29 Repl RT Fender i 91.01 2.0 2.0 30 Overlap Major Adj. Panel -0.4 31 Add for Clear Coat 0.2 32 Add for Edging 0.5 33 Deduct for Overlap -0.4 34 Repl RT Fender liner i 76.79 Incl. 35 Repl RT Fender brace I 8.89 36 Repl RT Front panel 1 58,76 s 4.0 0.5 37 Overlap Minor Panel -0.2 38* Rpr RT Upper rail s 1.5 0.5 39 Overlap Minor Panel -0.2 40* Rpr LT Fender 0.5 1.4 2 03/04/2002 at 01:57 PM 74659 ESTI~TE OF RECORD 2001TOYO COROLLA LE 4-1.8L-FI 4D SED RED Int: 02-7852989-01 NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 41 42 43 44 45 46* 47 48 49 50 51 52 53 57# 58# 59# Overlap Major Adj. Panel Add for Clear Coat WINDSHIELD Repl Washer reservoir I 103.82 0.3 PILLARS, ROCKER & FLOOR Rpr RT Hinge pillar outer w/o rocker molding Overlap Minor Panel Add for Clear Coat FRONT DOOR Blnd RT Outer panel R&I RT Belt molding 0.3 R&I RT Body side mldg LE red 0.3 R&I R&I trim panel 0.4 Subl HAZARDOUS WASTE DISPOSAL 1 2.00 T Repl SEAM SEALANT 1 12,00 T Repl RUST PROOF I 15.00 T Repl UNDERCOAT 1 10.00 T FLEX ADDITIVE ONE BUMPER I 8.00 T CAR COVER i 3.00 T 0.2 -0.4 0.2 s 0.3 1.0 -0,2 0,2 Subtotal s =:> 1474.30 22.5 15.6 Estimate Notes: this vehicle is a 2002 model, was not in the database, wrote vehicle as a 2001. no prior dmg noted on vehicle, shop to call for reinspection if additional damage is found, did not open hood as insd was driving vehicle, advised insd that vehicle was not safe to drive 3 02/04/2002 at 01:57 PM 74659 ESTIMATE OF RECORD 2001TOYO COROLLA LE 4-1.8L-FI 4D SED RED Int: 02-7852989-01 Parts 1422.30 Body Labor 17.5 hrs @ $ 38.00/hr 665.00 Paint Labor 15.6 hrs 0 $ 38.0g/hr 592.80 Frame Labor 5.0 hfs ~ $ 38.00/hr 190.00 Paint Supplies 15.6 hrs 8 $ 18.00/hr 280.80 Sublet/Misc. 51.00 SUBTOTAL $ 3202.90 Sales Tax $ 3202.90 ~ 6.0000% 192.17 TOTAL COST OF REPAIRS $ 3395,07 ADJUSTMENTS: Deductible 500.00 TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 2895.07 Our Promise The replacement parts written on the estimate are intended to return the property to its pre-loss condition with proper installation. After repair, if any sheetmetal or plastic body part included in this estimate is defective or otherwise fails to meet industry standards for form, fit, finish, durability, functionality or safety, Progressive will arrange and pay for the replacement of the part, including associated repair costs and rental during these repairs, to the extent not covered by another warranty. This commitment applies as long as you own or lease the vehicle. If you have a problem with a replacement part, call Progressive at I (800) 274-4641. KEY TO PARTS ABBREVIATIONS OEM~A new, Original Equipment Manufacturer part A/M:A new, After-Market part: also known as a new, Non-OEM part Used or LKQ:A used/recycled OEM part Recond or Recore:A used OEM part that has been reconditioned or 4 03/04/2002 at 01:57 PM 74659 ESTIMATE OF RECORD 2001TOYO COROLLA LE 4-1.8L-FI 4D SED RED Int: 02-7852989-01 remanufactured. Appraiser Sig~lature ~- This estimate represents an AGREED PRICE based on all known damages at this time. The repairer agress to complete and guarantee all listed repairs, and all towing and storage charges included in this estimate. THIS IS NOT AN AUTHORIZATION OF REPAIR. NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION. Progressive will only be responsible for additional storage or misc. handling charges when warranted up to two days post this appraisal date in both repairable and total loss situations. Repair Shop Manager's Signature The vehicle owner may be responsible for additional cost above the appraised amount. There is no requirement to use a specific repair shop, however, the insurer can provide a list of repair shops that will be able to repair the vehicle to its pre-damage condition. This appriasal may include aftermarket crash parts as replacement parts. If the use of an aftermarket crash part voids the existing warranty on the part that it replaces, or any other part, than the aftermarket part listed on this estimate will have a warranty that meets or exceeds the warranty of the original manufacturer. Aftermarket part descriptions on this appraisal are preceeded with A/M. An aftermarket crash part is a non-original equipment manufacturer (Non-OEM) replacement part. either new or used, for any of the non-mechanical parts that generally constitue the exterior of the motor vehicle, including inner and outer panels. 5 03/04/2002 at 01:57 PM 74659 ESTIMATE OF RECORD 2001TOYO COROLLA LE 4-1.8L-FI 4D SED RED Int: 02-7852989-01 Abbreviation Legend: LKQ:like kind in quality, A/m:aftermarket, Recond=recondition, O/H=overhaul. Repl=Replace, Rpr:Repair, Refn:Refinish, Sect=Section, R&I:Remove and install, Algn=Align, Subl=Sublet, Bind:Blend. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES, THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D:DISCONTINUED PART A:APPROXIMATE PRICE B:BODY LABOR D:DIAGNOSTIC E~ELECTRICAL F:FRAME G=GLASS M=MECHANICAL P:PAINT LABOR S:STRUCTURAL T:TAXED MISCELLANEOUS X:NON TAXED MISCELLANEOUS ADJ:ADJACENT ALGN:ALIGN A/M=AFTERMARKET BLND~BLEND CAPA:CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST:ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC:MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP:OPERATION NO:LINE NUMBER QTY:QUANTITY QUAL RECY:QUALITY RECYCLED PART QUAL REPL:QUALITY REPLACEMENT PART RECOND:RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R:REMOVE AND REPLACE RPR=REPAIR RT~RIGHT SECT:SECTION SUBL=SUBLET LT=LEFT W/O:WITHOUT W/ :WITH/_ ~-MANUAL LINE ENTRY *:OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGE~]. **~DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTOMOBILE GLASS SERVICE, THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION, COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE. CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE, 6 02/04/2002 at 01:57 PM 74659 ESTIMATE OF RECORD 2001TOYO COROLLA LE 4-1.SL-FI 4D SED RED Iht: 02-7852989-01 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ARM8426 Database Date 10/2001 and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Non-Original Equipment Manufacturer aftermarket parts are described as AM or Qual Repl Parts. Used parts are described as LKQ, Qual Recy Parts, RCY. or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided from National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Pathways - A product of CCC Information Services Inc. P.06,%C VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PO.~_.S. §4904 relating to unswom falsification to authorities that he/she is Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing document are Ixue and correct to the best of his/her knowledge, information and belief. T~TRL P.86 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Noel Diaz Plaintiff, vs. PRAECIPE TO ATTACH EXHIBIT "2" COMPLAINT AMERIKA HOOVER Defendant, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: GERIANNE HANNIBAL, ESQUIRE PA I.D.#66622 Welt(nan, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 151219 (412) 434-7955 WWR#03442925 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, SUBROGEE OF Noel Diaz Plaintiff, VS. AMERIKA HOOVER Defendant, CivilActionNo. '~---)q" '-'~/'~ ('~/'{ PRAECIPE TO ATTACH EXHIBIT "2" TO COMPLAINT TO THE PROTHONOTARY: Please attach the enclosed exhibit "2" to Plaintiff's Complaint filed on ~(~ ~ {~/, DATED: WELTMAN, WEINBEI~G &~E~ CO., L.P.A. GE PA L~[~:~662~2 Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building Pittsburgh, PA 15219 (412) 434-7955 WWR#03442925 CERTIFICATE OF SERVICE A true and correct copy of the within Praecipe to Attach Exhibit "2" has been served by U.S. Mail, Postage Pre-Paid, on the dayof "'~-¢4¢ ~¢'q~ 20~_,~upon the following: Amerika Hoover 476 Highland Street Harrisburg, PA 17113 Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N FEB 18 04 8:30 OPID: JXK0075 CLAIM PAYMENT INQUIRY TERMID: V6010472 INSD: DIAZ, TARA L POL: 55295835-2 DOL : MAR 04 02 PA-MECHAN-BRN- CLM: 027852989 ACTIVE REP: B CRABTREE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 2,895.07 LINE 1: LINE 2: LINE 3: FAULKNER BODY WORKS, ************************************** ADDRESS: 335 FULTON ST CITY: ENOLA ST/PR* PA ZIP/CPC: 17025 CNTRY* USA IN PAYMENT OF: COLLISION DAMAGE TO 02 TOYOTA COROLLA LESS $500 DED 1099 ? Y FEDERA~ TAX ID: 232370427 CDS CODE * 12 PCL EFT TRACE #: BANK CODE* AS2 ISSUE DATE : MAR 14 02 STATE * PA AREA * 252 STOP RSN * DRAFT # : 423974052 LAST UPDT REP: BXC0063 ISSUING REP: B CRABTREE APPROVED BY: M MURRAY REVIEW DATE: 00 00 REVIEWED BY: COMMAND: I: l'lli i i Date: 02/18/2004 Time: 08:30:26 AM Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N OPID: JXK0075 CLAIM PAYMENT INQUIRY INSD: DIAZ, TARA L DOL : MAR 04 02 PA-MECHAN-BRN- CLM: 027852989 ACTIVE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: LINE 1: LINE 2: LINE 3: FEB 18 04 - 8:30 TERMID: V6010472 POL: 55295835-2 REP: B CRABTREE 65.00 FAULKNER BODYWORKS **************************************** ADDRESS: CITY: HARRISBURG ST/PR* PA ZIP/CPC: CNTRY* USA IN PAYMENT OF: TOWING 1099 ? N FEDERAL TAX ID: CDS CODE * 12 PCL EFT TRACE #: BANK CODE* AS2 ISSUE DATE : APR 11 02 STATE * AREA * 252 STOP RSN * DRAFT # : 424220918 LAST UPDT REP: SWW0006 ISSUING REP: S WITHJACK APPROVED BY: REVIEW DATE: 00 00 REVIEWED BY: COMMAND: Date: 02/18/2004 Time: 08:30:18 AM SHERIFF'S CASE NO: 2004-00740 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE CASUALTY INS CO VS HOOVER AMERIKA RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT HOOVER AMERIKA but was unable to locate Her deputized the sheriff of DAUPHIN serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 17th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge t0.00 Dep Dauphin Co 26.75 .00 63.75 03/17/2004 ~.. ~':: ~ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this /~ day of ~g~.~ A.D. Prothonotary t ' The Court of Common Pleas of Cumberland County, Pennsylvania Progressive Casualty Insurance Coff~any VS. Amerika Hoover SERVE: s~me No. 04-740 civil February 20, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin . County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon at by handing to a m~d made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed betbre lne this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy CommonweaRh of Pennsylvania County of Dauphin AND NOW:March 9, 2004 COMPLAINT HOOVER AMERIKA to AMERIKAHOOVER of the original COMPLAINT to him/her the contents thereof at 476 HIGHLAND ST HBG, PA 17113-0000 : PROGRESSIVE CASUALTY INSURANCE CO : HOOVER AMERIKA Sheriff's Return No. 1232-T - -2004 OTHER COUNTY NO. 04-740 at 5:15PM served the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 10TH ~ of ?CH, 2004 t PROTHONOTARY Deputy Sheriff Sheriff's Costs: $26.75 PD 02/23/2004 RCPT NO 188946 KC PROGRESSIVE CASUALTY INSURANCE COMPANY, subrogee of Noel Diaz, Plaintiff V. AMERIKA HOOVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-740 CIVIL TERM The answer to Paragraph 6 is incorporated herein by reference. The answer to Paragraph 6 is incorporated herein by reference. The answer to Paragraph 6 is incorporated herein by reference. The conclusion of law is denied. denied. 7. 8. 9. 10. ANSWER AND NOW, comes the Defendant, Amerika Hoover, by her attorney, William A. Addams, ofHanft & Knight, P.C., and files the following Answer to the Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. After reasonable investigation, the Defendant is without knowledge sufficient to form a belief as to the truth of the averment. The same is there denied. 4. Denied in accordance with Pa. R.C.P. 1029(e). 5. Denied in accordance with Pa. R.C.P. 1029(e). 6. After reasonable investigation, the Defendant is without knowledge sufficient to form a belief as to the troth of the averments regarding the Plaintiff's damages. The same are therefore 11. Objected to as not relevant. WHEREFORE, the Defendant requests the Complaint be dismissed. HANFT & KNIGHT, P.C. Wilh~am A..~ns Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant VERIFICATION Amerika Hoover hereby verifies that the facts set forth in the foregoing Answer are tree and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. Amerika Hoover CERTIFICATE OF SERVICE AND NOW, this 26th day of March, 2004, I, Mary M. Price, an employee of Hanfi & Knight, P.C., hereby certify that I have served a copy of the Answer by mailing the same by United States mail, postage prepaid, to: Gerianne Hannibal, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. oq- 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: respectfully represents that: The following attorneys are. interested in the case(s) as counsel or a,.[e otherwise disqualified;~sit as arbitriatisi~'~;~errl'~r"/fl.O WHEREFORE~,'~p~&?r ~?)~y~ur Honorable Court to app~i~nt'thre'e (~3) arb~ ~w'w~hh~m--~t[ e submitted. ORDER OF COURT foregoing p~,N~ ~~.~ actions) as prayed for. o , ~9~0 , in conside/nation ~f the Esq., .~~/~~ , Esq., are appointed arbitrators in the above captioned action (or By t~e~ PROGRESSIVE CASUALTY INSURANCE COMPANY a/s/o NOEL DIAZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-740 CIVIL TERM AMERIKAHOOVER IN RE: ARBITRATION PANEL ORDER OFCOURT AND NOW, May 18, 2004, the Court having been informed that David Fitzsimons, Esquire, is unavailable for the above-captioned arbitration hearing, David Lopez, Esquire, is appointed in his stead. By the Court, ,.,David Baric, Esquire Chairman Court Administrator Ge~g~-.~ H~ffc~r, I P'J' V, In The Court of Co,on Pleas of Cumberland County, Pennsylvania OATH I~e do sole~mty swear (or affirm) That we will sup.~or=, obev/~nd defend The Constitution of The United States and ~e ConstiTu:~on of ]~h~s Common- · ~eal=h and =ha= we will dischar,e the du~ o~r ~ w~d~[~y. We, =he ~dersisned arbitrators, havTn~ been duly appointed and swo~ (or affixed), ~ke =he foll~ns award: (Note: If d~8~ for dele7 are awarded, =hey shall be separately stated.) applicable.) Date of Hearing: Date of Award: award was entered upon =he and notice =hereof given o~-mail =o =he par=les or their attorneys. Arbitrators' compensation :o be paid upon appeal: $ J ,mm __ By: ~ono =ar7 PROGRESSIVE CASUALTY INSURANCE COMPANY, subrogee of Noel Diaz, Plaintiff AMERIKA HOOVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-740 CIVIL TERM NOTICE SCHEDULING ARBITRATION HEARING The above-captioned case is scheduled for Monday, September 13, 2004 at 9:00 a.m. in the 2nd floor hearing room of the old courthouse, Carlisle, Pennsylvania, as the time and place for the hearing, at which time and place you are required to appear and present such testimony as you may have in this case. Any person for whom this date and time is not satisfactory, with the approval of the Chairman, will be expected within ten (10) days to arrange a new date and time suitable for all, schedule the hearing room and send new notices. ~/g~~ DATE: June 14, 2004 David A. Baric, Chairman Gerianne Hannibal, Esquire Weltman, Weinberg & Reis Company, L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 DavidLopez, Esquire --~ /Y/~"~/~ ~//~t. oN~' LopezNeuharth, LLP 401 East Louther Street, Suite 101 Carlisle, P~etmsylr~agia 17013 Bulletin Board Prothonotary's Office Cumberland County Courthouse Carlisle, Pennsylvania 17013 William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 ~9.~mas E~,9..wer, Esquire - no .571~ S,~di'g;'~ff, FI'0w~& Lindsay 2109'~ke-'t'~et ~ Camp Hill,'~enns"y$v~a 17011 Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013