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Home My WebLink About09-0495Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff V. STAR TRANSPORT, INC., Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. bQ -4QC CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO ENFORCE AN EXECUTED RELEASE AND IMPOSE SANCTIONS PURSUANT TO PA.R.C.P. 229.1 AND NOW, comes the Plaintiff, Daily Underwriters of America a/s/o Senad Sabic, and files the following Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1, and in support thereof asserts as follows: 1. On •July 9, 2008 the Defendant, Star Transport, Inc. consented in writing to a settlement of the Plaintiffs' property damage claim and sent the Defendant a Release evidencing the terms of the settlement. 2. The Release was sent to, and executed at, Plaintiffs offices located at P.O. Box 39, Carlisle, Cumberland County, Pennsylvania. 3. On July 14, 2008, the Plaintiff executed a Release evidencing the terms of the settlement reached in a claim for property damage. 4. On December 17, 2008, the Defendant was notified that the Plaintiff would seek to enforce the terms of the executed Release and seek sanctions permitted by Rule of Civil Procedure if the settlement funds were not received within 20 days of the date of the letter. 5. Pursuant to Pa.R.C.P. 229.1(4) & (e), sanctions on the Defendant may be imposed in the form of interest calculated at the rate equal to the prime rate, plus one percent, as listed in the first edition of the Wall Street Journal running from the 21 st day following delivery of the executed release, together with reasonable attorney fees incurred with the preparation of the affidavit. 6. The applicable interest prime rate as listed in the first edition of The Wall Street Journal published for 2008 was 6.5%. on January 31, 2008. 7. Based on applicable interest prime rate as calculated pursuant to Pa.R.C.P. 229.1 (6.5% plus one percent equaling 7.5%), sanctions should be imposed on the Defendant in the amount of $73.02, running from the 21St day after delivery of the Release (August 8, 2008) through the day of filing this affidavit (January 22, 2009). The amount of sanctions increases by $.44 per day until the settlement funds are received. 8. The Plaintiff has been forced to incur filing fees in the amount of $78.50 related to the filing of the instant Petition and is entitled to recovery of the same, together with attorney fees in the amount of $500.00. JOHNSON, DUFFIE, STEWART & WEIDNER By. U Acv Wad D. a ley DATE: :356756 18887-34 CERTIFICATE OF SERVICE AND NOW, this 2Q.FA day of January, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, certified mail postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ms. Jennifer Eickmeier Star Transport, Inc. P. O. Box 909 Morton, IL 61550 Ms. Chuck Weary Star Transport, Inc. P. O. Box 909 Morton, IL 61550 JOHNSON, DUFFIE, STEWART & WEIDNER Of4A By: Wade D. Ma ey .a r-a t_n7 O t? (OV) Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff V. STAR TRANSPORT, INC., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. /59 - : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please forward the attached Affidavit and proposed Order to the appropriate Judge for determination in the above-captioned action. DATE: I tljV(oq JOHNSON, DUFFIE, STEWART & WEIDNER By: l f/ ? ow Wade D: Manl y, squire I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :356309 18887-34 r? W hu' Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff V. STAR TRANSPORT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 229.1 Wade D. Manley, Esquire, counsel for the Plaintiff, Daily Underwriters of America. a/s/o Senad Sabic, deposes and says: 1. A copy of the Release evidencing the terms of the settlement reached in the above-referenced matter is attached hereto as Exhibit "A." 2. A copy of the July 9, 2008 correspondence from the Defendant, Star Transport, Inc. evidencing consent to the settlement and Defendant's drafting of the Release at issue, is attached as Exhibit "B." The Release was sent to, and executed at, Plaintiffs offices located at P.O. Box 39, Carlisle, Cumberland County, Pennsylvania. 3. On December 17, 2008, undersigned counsel notified Defendant that the instant Affidavit would be filed if the settlement funds were not received within 20 days of the date of Attorneys for Plaintiff C n - u? C1 FTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ 49.97 (21 U%,L the letter. A copy of the December 17, 2008 correspondence is attached here as Exhibit "C." 4. Pursuant to Pa.R.C.P. 229.10) & (e), sanctions on the Defendant may be imposed in the form of interest calculated at the rate equal to the prime rate, plus one percent, as listed in the first edition of the Wall Street Journal running from the 21st day following delivery of the executed release, together with reasonable attorney fees incurred with the preparation of the affidavit. 5. The applicable interest prime rate as listed in the first edition of The Wall Street Journal published for 2008 was 6.5%. on January 31, 2008. It was obtained from The Wall Street Journal Prime Rate History web site attached hereto as Exhibit "D." 6. Based on applicable interest prime rate as calculated pursuant to Pa.R.C.P. 229.1 (6.5% plus one percent equaling 7.5%), sanctions should be imposed on the Defendant in the amount of $73.02, running from the 21st day after delivery of the Release (August 8, 2008) through the day of filing this affidavit (January 22, 2009). The amount of sanctions increases by $.44 per day until the settlement funds are received. 7. The Plaintiff has been forced to incur filing fees in the amount of $78.50 related to the.filing of the instant Petition and is entitled to recovery of the same, together with attorney fees in the amount of $500.00. 8. The undersigned certifies that this Affidavit and accompanying documents have been served on representatives for the Defendant. JOHNSON, DUFFIE, STEWART & WEIDNER By: v " ?/V Wade D. Ma e? DATE: I hk(bi :356276 18887-34 C, A, bi f STAR TRANSFORTINC. _ PO BOX 909 MORTON, IL 61550 PH# (309) 266-7613 FAX# (309) 263-2554 Star Claim #: 08182 brasured: STAR TRANSPORT, INC. Date of Loss: 04/24/08 Driver: Jeff Hoagland RELEASE In consideration ($2,115.13) Two thousand one hundred fifteen dollars and thirteen cents. COMES NOW the undersigned Daily Underwriters of America a/s/o Senad Sabic for full and adequate consideration, receipt and sufficiency of which is hereby acknowledged, does hereby release and forever discharge STAR TRANSPORT, INC. and Jeff Hoagland of any and all liability whatsoever, includiog all clams, demands and cause of action of every nature, which the undersigned, their heirs, assigns and successors may have or ever claim to bave, know:a or unknown, resulting ftcm or related to a certain accident on or about the twenty fourth day of April, 2008 follows: all damages and expenses as a result of a collision. FUR'T'HER, the undersigned hereby agrees: 1 • That the above-stated consideration is all the consideration that will be received by the undersigned for this RELEASE and no promise for any further or other consideradoz has been made by anyone. 2. That this RELEASE does not constitute an admission of liability on the part of any person or entity. 3. That this RELEASE is being executed solely in reliance upon the .knowledge, belief and judgement of the undersigned and not upon any repremeotation made by any party- THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND UNDERSTANDS ITS TERMS AND FREELY AND VOLUNTARILY SIGN'S THE SAME. Dated at f 1}'1 C7 this _ day of A JA <7 20? Q& Witness r ill b'4-, 4 *STAR TRANSPORT. INC. July 9, 2008 Daily Underwriters of America PO Box 39 Carlisle, PA 17013 Ref. Star Claim #: 08182 Date of Loss: 04/24/08 Star Driver: Jeff Hoagland Your Claim #: P04-08-7101 Mr. Lay, R.O. Box 905 Morton, Illinois 91550 Rhone 309 / 266.791 3 Fax 309 / 263.2554 We have completed our investigation and are prepared to settle the above referericed claim. Enclosed, please find a general release to be completed and returned to the claims department. Please call if you have any questions regarding this matter. Sincerely, OA-a'-, Amber C. Trone Claims & Insurance Representative atrone startr s ort.com ACE REVIEW FOR DAILY EXPRESS P.O. BOX 39 CARLISLE, PA 17013-0039 (888) 816 - 2436 ESTIMATE AUDIT Insured SENAD SEBIC File Number 1108638/ R60X Claimant SENAD SEBIC Policy Number PAPDUOA25269 Ins Co ACE REVIEW FOR DAILY EXPRESS Claim Number ; L04087201 Assigned By : BRET LAY Date of Loss 04124108 Repair Fac CLIFFORDS BODY SHOP Date Inspected 05108108 4432 POPLAR LEVEL ROAD Auditor Paul Travers LOUISVILLE, KY 40213 Auditor Phone 888-816-2436 Phone/Fax (502) 451-54001(502) 451.5877 Auditor Ex. 247 Federal ID : 61-066.6046 Vehicle 04 VOLVO VNL THIS DOCUMENT IS NOT AN APPRAISAL # Operation Description Part Type/Part Number Price Labor Paint 1 REPAIR LT FRT FAIRING Existing *3.0 2 REFINISH%REPAIR 'LT FRT FAIRING 3 REMOVEIREPLAC FAIRING TRIM STRIP New *87.55 •0.2 4 REPA[R Ltd TM FAIRING - Existing ' 5 REFINISH/REPAIR l.T CENTER FAIRING 6 REWVEIREPLAC ' FAIRING TRIM STRIP New "121,88 "0.2 7 REPAIR LT REAR STEP FAIRING Existing •4.0 8 REF041 H/REPAIR LT REAR S7EP'FAIRING „ „• ............. , '0-- REMOVFJREPLAC- CENTER STEP•WRING MfBRK`I` New "97 6Q . '10' REM&bA901-Ad CENTER FAIRNG TANK MOUNT STRAP New *83.25 60.5 11 ADD'L COST SHOP MATERIALS *30.00 12 ADD'. COST HAZARDOUS WASTE DISPOSAL. *10.00 .. 13 AD&L COST PAINTlMATERIALS 1270.00 * - Judgment Item umaMate is a Tmdomark of Mltc MII Intemetlanal Mltchall Dabs VemIon:APF_OB V Copyright (C)1"4.2003 Mitchell Intomdonal All Rights Raswnd may a. 2009 0259 Plu i l?`I L t? ?x ? -f JERRY R. DUFFLE RICHARD W. STEAVART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT. JR. MARK C. DUFFLE JOHN R. NINOSKY MICHAEL J. CASSIDY Ms. Jennifer Eickmeier Ms. Amber C. Trone Star Transport, Inc. P. O. Box 909 Morton, IL 61550 Re: Property Dame Your Insured : Star File No. : Your Driver . DOL My Client Claim No. I OHNSON DUFFIE December 17, 2008 age Release Executed July 14, 2008 Star Transport, Inc. 08182 Jeff Hoagland 4/24/08 Daily Underwriters of America P04-08-7201 Dear Ms. Eickmeier and Ms. Trone: e MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL. HORACE A. JOHNSON F. LEE SHIPMAN (1965-?006) 22 1':-11;TC: udatx?;??ha=;.c.?=ire As you are aware, on July 14, 2008, my client, Daily Underwriters of America, by its agent, Bret S. Lay, executed a Property Damage Release with regard to the above-referenced matter. I enclose a copy of the Release with this correspondence. On the same day it was executed, it was delivered by Mr. Lay to your offices. To date, Daily Underwriters of America has yet to receive payment of the $2,115.15 due pursuant to the settlement reached and the executed Property Damage Release. Please be advised that Daily Underwriters has authorized me, pursuant to Pennsylvania Rule of Civil Procedure 229.1, to file an Affidavit with the Bedford County Court of Common Pleas seeking interest on the amount due and owing. Pursuant to Pa.R.C.P. 229.1, once parties have entered into an agreement of settlement, the payor shall deliver the settlement funds to the attorney for the payee, or to the payee if unrepresented, within twenty (20) calendar days from the receipt of the executed release. Pa.R.C.P. 229.1(c). 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Ms. Jennifer Eickmeier Ms. Amber C. Trone Star Transport, Inc. December 17, 2008 Page 2 Thereafter, if the settlement funds are not delivered to the plaintiff within the twenty (20) days required, the plaintiff may seek to impose sanctions on the defendant in the form of interest calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal (currently 6.50%, plus 1%) running from the 21St day following delivery of the executed release, together with reasonable attorney fees incurred with the preparation of the affidavit. Pa.R.C.P. 229.1(d) & (e). As of August 3, 2008, sanctions in the form of interest pursuant to Pa.R.C.P. 229.1 equal $50.85. Interest will continue to accrue daily until settlement funds are received. Therefore, please remit payment in the amount of $2,115.15 directly to my office within ten (10) days of the date of this letter, to avoid the imposition of sanctions pursuant to Pa.R.C.P. 229.1. If I am not in receipt of a check in the full amount of $2,115.15 within ten (10) days of the date of this letter, I will file the affidavit pursuant to Pa.R.C.P. 229.1, and request the Court to enter sanctions accordingly. I look forward to hearing from you in this regard. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Ma ey WDM/ch:352988 18887-34 cc: Mr. Bret S. Lay E?"- k)bI? -T, Prime'Rate History Page 1 of 19 Prime Rate History Home I The Current Prime Rate Prime Rate Forecast SiteMap ( Prime Rate Online Poll http://www.wsjprimerate.us/wall_street_joumal_prime_rate history.htm 01/22/09 Prime-Rate History Page 17 of 19 June 29, 2006 8.25 Date of Rate Change Rate (%) September 18, 2007 7.75 October 31, 2007 7.50 December 11, 2007 7.25 January 22, 2008 6.50 January 30, 2008 6.00 March 18, 2008 5.25 April 30, 2008 5.00 October 8, 2008 4.50 October 29, 2008 4.00 December 16, 2008 3.25 (The Current U.S. Prime Rate) December 16, 2008: The Federal Open Market Committee (FOMC) has voted to establish a target range for the fed funds rate of 0% - 0.25%. American banks have responded by cutting their prime lending rate by 75 basis points. Therefore, the U.S. Prime Rate is now 3.25%. The next FOMC monetary policy meeting will be on January 28, 2009. Estimate Your New Mortgage Payment - No SSN Required Home I The Current Prime Rate Prime Rate Forecast SiteMap I Prime Rate Poll Prime Rate Chart Find Out What Your Lowest Monthly Mortgage Payment Could Be Cumulative Average of The U.S. Prime Rate (1947 - Present): 9.842% U.S. Prime Rate Mode (Most Frequent Value; 1947 - Present): 7.5% http://www.wsjprimerate.us/wall_streetjoumal_prime_rate history.htm 01/22/09 CERTIFICATE OF SERVICE AND NOW, this day of January, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, certified mail postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jennifer Eickmeier Star Transport, Inc. P. O. Box 909 Morton, IL 61550 Chuck Weary Star Transport, Inc. P. O. Box 909 Morton, IL 61550 JOHNSON, DUFFIE, STEWART & WEIDNER By: (V )/'? A-? Wade D. ante Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-495 V. STAR TRANSPORT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDMENT TO PETITION TO ENFORCE AN EXECUTED RELEASE AND IMPOSE SANCTIONS PURSUANT TO PA.R.C.P. 229.1 AND NOW, comes the Plaintiff through its undersigned attorneys, and files this Amendment to Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa. R.C.P. 229. 1, and in support thereof state the following: 9. No judge has previously ruled upon any other issue in the same or related matter. 1 C. The Defendant does not concur with this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. Manle DATE: 2 :357780 18887-34 CERTIFICATE OF SERVICE AND NOW, this q?(^ day of February, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, certified mail postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ms. Jennifer Eickmeier Star Transport, Inc. P. O. Box 909 Morton, IL 61550 Ms. Chuck Weary Star Transport, Inc. P. O. Box 909 Morton, IL 61550 JOHNSON, DUFFIE, STEWART & WEIDNER By: V " ?1? Wade D. anley P14 erg Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff V. STAR TRANSPORT, INC., Defendant Attorneys for Plaintiff F-B 0 2 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q2 CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of F?"Y 2009, upon consideration of Plaintiffs' Petition to Enforce an Executed Release and to Impose Sanctions Pursuant to Pa.R.C.P. 229.1, a Rule is issued upon Defendants, to show cause, if any there be, why the executed release should not be enforced and sanctions should not be imposed. RULE RETURNABLE 20 DAYS AFTER SERVICE. r ^} ?JRr 00 83 60Ol 3-H! :10 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 E-Mail: wdm@jdsw.com DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff V. STAR TRANSPORT, INC., ; Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-495 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff/Petitioner, Daily Underwriters of America a/s/o Senad Sabic, by and through his counsel, Johnson, Duffle, Stewart & Weidner, P.C., and files the following Petition to Make Rule Absolute and in support thereof, avers as follows: 1. On January 30, 2009, undersigned counsel filed a Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1 requesting that an order for imposition of sanctions and attorneys fees be entered pursuant to Pa.R.C.P. 229.1. See Plaintiffs' Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa. R. C. P. 229. 1, attached hereto as Exhibit "A. " L_ 2. The Court issued a Rule to Show Cause upon all parties to show cause why Petitioner should not be permitted to withdraw as counsel for Plaintiff in the above action. Said Rule was retumable twenty days after service. 3. The Defendant has not responded to the Rule and has not shown cause why the Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1 should not be granted. WHEREFORE, the Petitioner, Daily Underwriters of America a/s/o Senad Sabic„ respectfully requests that this Honorable Court grant the Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1. JOHNSON, DUFFIE, STEWART & WEIDNER BY: VV J Wade . Ma ley DATE: :363983 18887-34 (., a % CERTIFICATE OF SERVICE AND NOW, this 1144 day of April, 2009, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, certified mail postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ms. Jennifer Eickmeier Star Transport, Inc. P. O. Box 909 Morton, IL 61550 Ms. Chuck Weary Star Transport, Inc. P. O. Box 909 Morton, IL 61550 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. and y A MY 5,U r ?:? d . APR 2) 2009 DAILY UNDERWRITERS OF AMERICA a/s/o SENAD SABIC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-495 V. STAR TRANSPORT, INC., Defendant ORDER OF COURT CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 7-A day of 2009, upon consideration of the attached Petition and all parties failing to have shown cause why the relief requested in the Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1, the Rule to Show Cause is made ABSOLUTE and the Petition to Enforce an Executed Release and Impose Sanctions Pursuant to Pa.R.C.P. 229.1 is hereby GRANTED. In addition to the settlement funds required to be paid pursuant to the applicable Release, the Defendant shall pay Plaintiff $691.12 in sanctions and attorneys fees pursuant to Pa.R.C.P. 229.1. Sanctions shall increase at a rate of $44 per day from April 22, 2009, which the Defendant shall be responsible for until the date that the settlement funds and sanctions and attorneys fees are paid in full to Plaintiff. BY THE COURT- ?W? 'r'te` (? ?7rI,ItLAL4S??? -bofmz/ti 85 : ^ t? Wd 8Z 8dv 6001 ? . ia9-il?