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HomeMy WebLinkAbout09-2493IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne CASE NO: (A-dqq3 0;vil _(t°.1"1m Plaintiff, V. ERIC DIXON and BRIAN SHUGHERT Defendants. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: AUGUST J. OBER, IV, ESQUIRE Pa. I.D. #94701 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 501 Philadelphia, PA 19106 (215) 599-1500 WWR #07187360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVEINSURANCE COMPANY, Subrogee of Carol Ahne Plaintiff, CASE NO: V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION ERIC DIXON and BRIAN SHUGHERT Defendants. NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an attorney in filing in writing with the Court your defenses or objections to 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 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: AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demanddeas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha dela demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE SERVICE 4TH Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne CASE NO: O?• 1 y Plaintiff, V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION ERIC DIXON and BRIAN SHUGHERT Defendants. 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 Defendants jointly and severally. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Eric Dixon, is an adult individual with a last known address of 96 B Street, Carlisle, PA 17013. 3. Defendant, Brian Shughert, is an adult individual with a last known address of 88 Cold Springs Road, Carlisle, PA 17013. 4. Progressive issued a policy of insurance where Progressive agreed to insure a 1995 Dodge Dakota ("Insured Vehicle"), owned by Plaintiff's insured. 5. On or about June 6, 2007 the motor vehicle owned by Defendant, Brian Shughert, and operated by Defendant, Eric Dixon, did negligently, carelessly and/or recklessly collide with the Progressive Insured's vehicle at or near 512 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 6. At all times material hereto Defendant, Hapeman, was acting individually and/or as the agent, servant, workman and/or employee of Defendant, Brian Shughert, and in the course and scope of his employment. 7. As a direct and proximate result of Defendants' negligence, the Progressive's Insured vehicle sustained property damage and rental charges in the amount of $4,092.31. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $3,592.31 for property damage to the Insured vehicle, less $675.00 which was recovered through salvage. A true and correct copy of the payment and damage documentation is attached hereto and marked as Exhibit "I". 9. The insured also sustained damages of $500.00 representing his deductible. 10. Pursuant to the terms and conditions of the insurance policy, Progressive also paid rental charges incurred on behalf of their Insured in the amount of $160.00. A true and correct copy of the payment documentation is attached hereto and marked as Exhibit "2". 11. Pursuant 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 Defendants. 12. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendants the sum of $3,577.31. 13. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff demands Judgment against Defendants jointly and severally the amount of $3,577.31 and costs. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. EXHIBIT I CMSD2340 /CMSM2340 P A C M A N OPID: CEV0002 CLAIM PAYMENT INQUIRY INSD: ANNE, CAROL A DOL : JUN 06 07 PA-MECHAN-BRN- CLM: 074920189 ACTIVE PROGRESSIVE 5920 Landerbrook Dr. Mayfield His., OH 44124 Progressive. com DEC 05 08 - 15:24 TERMID: ?02C POL: 55574092 -8 REP: J REEDER PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 3,526.31 LINE 1: CAROL A ANNE, ONLY****************************************** LINE 2: LINE 3: ADDRESS: 512 NORTH HANOVER STREET CITY: CARLISLE ST/PR* PA ZIP/CPC: 17013 CNTRY* USA IN PAYMENT OF: COLL TOTAL LOSS MINUS DED-95 DAKOTA-PRG OBTS SALVAGE 1099 ? N FEDERAL TAX ID: LAST UPDT REP: MXC0235 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: M CURZI BANK CODE* AS2 ISSUE DATE JUN 18 07 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 451830185 REVIEWED BY: CMSD2340 /CMSM2340 P A C M A N DEC 05 08 - 15:24 OPID: CEV0002 CLAIM PAYMENT INQUIRY TERMID: ?02C INSD: AHNE, CAROL A POL: 55574092 -8 DOL : JUN 06 07 PA-MECHAN-BRN- CLM: 074920189 ACTIVE REP: J REEDER PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 66.00 LINE 1• COULSON'S TOWING INC. ONLY ********************************* LINE 2• ************************************************************ LINE 3: ADDRESS: 425 RANGE END RD I CITY: DILLSBURG ST/PR* PA ZIP/CPC: 17019 CNTRY* USA I IN PAYMENT OF: TOWING - 95 DAKOTA 1099 ? Y FEDERAL TAX ID: 251834337 LAST UPDT REP: SWW0006 CDS CODE * 09 PCL EFT TRACE #: ISSUING REP: S WITHJACK BANK CODE* AS2 ISSUE DATE JUN 14 07 APPROVED BY: STATE * PA AREA * REVIEW DATE: 00 00 STOP RSN * DRAFT # 451759108 REVIEWED BY: EXHIBIT 2 1 PROGRESSIVE 5920 Landerbrook Dr. Mayfield Hts., OH 44124 Progressive. com CMSD2340 /CMSM2340 P A C M A N DEC 05 08 - 15:24 OPID: CEV0002 CLAIM PAYMENT INQUIRY TERMID: ?02C INSD: ANNE, CAROL A POL: 55574092 -8 DOL : JUN 06 07 PA-MECHAN-BRN- CLM: 074920189 ACTIVE REP: J REEDER PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 160.00 LINE 1: ENTERPRISE RENT-A-CAR LINE 2: LINE 3: ADDRESS: ENTERPRISE RENT-A-CAR 800 NORTH HANOVER ST CITY: CARLISLE ST/PR* PA ZIP/CPC: 17013-1538 CNTRY* IN PAYMENT OF: ENTERPRISE RENT-A-CAR RENTAL INVOICE # 571OD715252 1099 ? Y FEDERAL TAX ID: 430724835 LAST UPDT REP: JCR0025 CDS CODE * EFT TRACE #: 710000958 ISSUING REP: J REEDER BANK CODE* CTB ISSUE DATE JUN 21 07 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 760919747 REVIEWED BY: VERIFICATION PAGE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, that August J. Ober, IV is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. -La'?( o Dat FAi TAP 2C" U ti 20 Pit 54 *18.5a Pb AT7Y c??- S4o8ag9 ? aayoao Sheriffs Office of Cumberland County R Thomas Kline ? Ln at `lunhe't Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF '?:E "- `HE Sr•ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/24/2009 08:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 2050 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric Dixon, by making known unto Kim Dixon, mother of defendant, at 96 B Street, Carlisle, Cumberland County, Pennsylvania, 17013, its contents and at the same time handing to him personally the said true and correct copy of the same. 04/24/2009 05:33 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1733 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian Shughert, by making known unto Brian Shughert personally, at 88 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, 17013, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $54.80 April 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF .;wz_ Deput Sheriff Docket No. 2009-2493 Porgressive Insurance v Eric Dixon CD cam i; .- 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: j s@jdsw.com PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne, Plaintiff Counsel for Defendant Shughert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 09-2493 Civil ERIC DIXON and BRIAN SHUGHERT, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Brian Shughert only in the above-captioned matter. Date: June 15, 2009 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Jejers6rTJ. Shipman, Esquire A ney I.D. No. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Shughert CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 15, 2009: August J. Ober, IV, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?f- 7f // Jeff er on J. Shipm n, Esquire FILEQ- C t-R E OF THE 2009 JUN 16 Phi 1: 53 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne, Plaintiff V. ERIC DIXON and BRIAN SHUGHERT, Defendants Counsel for Defendant Shughert IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2493 Civil JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Progressive Insurance and its counsel, TO: Eric Dixon August J. Ober, IV, Esquire 96 B Street Weltman, Weinberg & Reis Co., LPA Carlisle, PA 17013 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 YOU ARE REQUIRED to plead to the within Answer with New Matter and Cross- claim within 20 days of service hereof or a default judgment may be entered against you. JOH3Aor.D. , DUFFIE, STEWART & WEIDNER By: rson J. Shipman, Es uire ney INo. 51785 Date: June 25, 2009 Attorneys for Defendant Shughart JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant Shughert PROGRESSIVE INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, Subrogee of Carol Ahne, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . CIVIL ACTION - LAW V. NO. 09-2493 Civil ERIC DIXON and BRIAN SHUGHERT, : Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSS-CLAIM OF DEFENDANT BRIAN SHUGHART TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Brian Shughart, by and through his counsel, Jefferson J. Shipman and Johnson, Duffle, Stewart, and Weidner and files the following Answer with New Matter and Cross-claim to Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. Admitted. except as to the spelling of Defendant's last name, which is correctly spelled Shughart. 4. Denied. After reasonable investigation, Mr. Shughart is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 4 and the same are therefore denied. 5. Denied. The averments contained in paragraph number 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph number 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph number 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. After reasonable investigation, Mr. Shughart is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 8 and the same are therefore denied. 9. Denied. After reasonable investigation, Mr. Shughart is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 9 and the same are therefore denied. 2 10. Denied. After reasonable investigation, Mr. Shughart is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied. 11. Denied. After reasonable investigation, Mr. Shughart is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 and the same are therefore denied. 12. Denied. The averments contained in paragraph number 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. The averments contained in paragraph number 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, Defendant Brian Shughart respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 14. That the Plaintiffs alleged loss was caused solely by Co-Defendant, Eric Dixon. 15. That the Plaintiff has failed to state a cause of action against Defendant Brian Shughart. 3 16. That if it should be found that there was any negligence on the part of Mr. Shughart, which is denied; then, in that event, any such negligence was not a proximate cause of Plaintiffs damages. 17. That Defendant Shughart owed no duty of care to the Plaintiff. 18. That the Plaintiffs alleged cause of action may be barred by Plaintiffs comparative negligence. 19. That the Plaintiffs alleged cause of action may have been caused by an intervening, superseding cause. 20. That the Plaintiff's alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. That the Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. CROSS-CLAIM PURSUANT TO PA. R.C.P. 1031.1 BRIAN SHUGHART v. ERIC DIXON 22. That the Defendant Eric Dixon is solely liable on the underlying cause of action as asserted in Plaintiffs Complaint. 44. That Defendant Eric Dixon may be liable to or with cross-claimant Shughart on any cause of action alleged by Plaintiff arising out the accident in question. 45. That Defendant Eric Dixon may be liable to or with cross-claimant Shughart for contribution and/or indemnification. 4 WHEREFORE, Defendant Brian Shughart respectfully requests that judgment be entered in his favor and against all other parties. Respectfully submitted, JO, NV N, DUFFIE, STEWART & WEIDNER Jefferson J. Shipman, esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Shughart Date: June 25, 2009 5 VERIFICATION I, Brian Shughart, have read the foregoing Answer with New Matter and Cross- claim, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. A r Brian Shug Date: 369444 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter and Cross- claim has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 25, 2009: August J. Ober, IV, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Eric Dixon 96 B Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER Je er on J. Ship n, Esquire Acv U ZM9 JUN 2b PM 2: ` 7 PEN SY MIA PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne, Plaintiff V. ERIC DIXON and BRIAN SHUGHERT, Defendants NO. 09-2493 CIVIL TERM CIVIL ACTION - LAW 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: Jefferson J. Shipman, counsel for Defendant Shughert in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: August J. Ober, IV, Esquire (Plaintiff) and Jefferson J. Shipman, Esquire (Defendant Shughert) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ,Reqpectfully submitted, JO NSON, DUFFIE, STF.,0VIIART & WEIDNER Date: July 1, 2009 AND NOW, this Esq. and captioned action (or actions) as prayed for. i J. Shipman, Esquirb for Defendant Shughert 2009, in consideration of the foregoing petition, Esq. are appointed arbitrators in the above- By the Court, Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT Esq., and 370568 t? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 2, 2009: August J. Ober, IV, Esquire Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Eric Dixon 96 B Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeff rson J. Shipman, Esquire r FIL.P I i f ?8l?.0o Pra w-rr! C?? X41 RT'? PROGRESSIVE INSURANCE COMPANY, Subrogee of Carol Ahne, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2493 CIVIL TERM V. CIVIL ACTION - LAW ERIC DIXON and BRIAN SHUGHERT, ; Defendants 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: Jefferson J. Shipman, counsel for Defendant Shughert in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: August J. Ober, IV, Esquire (Plaintiff) and Jefferson J. Shipman, Esquire (Defendant Shughert) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ` J JI Date: July , 2009 A ORDER OF COURT Esq 370568 AND NOW. this pectfully submitted, INSON, DUFFIE, STJ )NART & WEIDNER i J. Shipman, Esquirk for Defendant Shughert 2009, in cons on of the foregoing petition, Esq. are appointed arbitrators in the above- By a Court, M?CALA Edg r B. Bayley captioned action (or actions) as prayed for. FILP" Cif: TQ? i4?? A • Db??V 9- •blXoj WELTMAN, WEINBERG & REIS CO., L.P.A. BY: August J. Ober IV, Esquire I.D. No. 94701 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 WWR # 07187360 Attorney for Plaintiff(s) PROGRESSIVE INSURANCE COMPANY, vs. ERIC DIXON BRIAN D SHUGHERT, CUMBERLAND County Court of Common Pleas NO. 09 2493 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant(s), Eric Dixon, in the amount of $3,577.31 plus interest and costs for failing to file an answer to Plaintiff's Complaint which amount has been pled as a sum certain in Plaintiffs Complaint. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Plaintiffs address as, c/o Weltman, Weinberg & Reis Co., LPA, 325 Chestnut Street, Suite 501, Philadelphia, Pennsylvania 19106 and that Defendants' last known addr ss is 96 B Street, Carlisle, Pa 17013. Weltman,Rn;r/ eis Co., LPA By st IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY Case no: 09 2493 CIVIL TERM Plaintiff VS. ERIC DIXON BRIAN D SHUGHERT Defendants NON-MILITARY AFFIDAVIT The undersigned, Michael J. Dougherty, attorney for the Plaintiff, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. That the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. That based upon investigation it is the undersigned's belief that the Defendant(s), Eric Dixon are not in the military service; and That this belief is supported by the attached certification of Mary M. Snavely-Dixon, Director of the Department of Defense - Manpower Data Center. Weltman, Weinberg & Reik¢o., LPA By 4 1-11" 1 AtdOttt J sauire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 7M KS6 . Co PROGRESSIVE Plaintiff vs ERIC DIXON Civil Action No. 09 2493 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , ERIC DIXON 96 B STREET CARLISLE, PA 17013 is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the Defendant , ERIC DIXON 96 B STREET CARLISLE, PA 17013 is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of NOTARY PUBLIC Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-11-2009 08:27:56 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency DIXON ERIC Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/fac/t)is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/ I 1 /2009 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNIDPKYDVEW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/11/2009 e 2 Z F, -- - ?.. 1. '- 414.00 Pp AT'M CICI J4o89711 e c2 4170 1 al • • • Y 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INS Plaintiff vs. Civil Action No. 09 2493 CIVIL TERM ERIC DIXON NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on ?/? Jp9 (xx) Assumpsit Judgment in the amount of $3577.31 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: ERIC DIXON 96 B STREET CARLISLE, PA 17013 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY Plaintiff vs. ERIC DIXON BRIAN D SHUGHERT ERIC DIXON 96 B STREET CARLISLE,PA 17013 NO. 09 2493 CIVIL TERM Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on () Assumpsit Judgment in the amount of $ plus interest and costs. (XX) Trespass Judgment in the amount of $3,577.31 plus interest and costs. (XX) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary Bv: PROTHONOTARY (OR DEPUTY) WELTIVIAN, WEINBERG & REIS CO., L.P.A. BY: August J Ober, IV, Esquire I.D. No. 94701 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 07187360 PROGRESSIVE INSURANCE COMPANY t ." .- ~~..rU- .li -~', ~„ i ., t. Attorney for Plain6ff(~~~Q ~` 7~ 27 i j2; ~Nt ~u~ CE,~~Y _~, ~:: ~ la~s~ Cumberland County Court of Common Pleas vs. ERIC DIXON N0.09 2493 CIVIL TERM PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO THE PROTHONOTARY: Kindly issue a Certification of Motor Vehicle Judgment against the Defendant(s), Eric Dixon, above named in the amount of $3577.31. WELTMAN, WEINB,~CRG & RElS CO., L.P.A. By ~er, Iv, Esquire Plaintiff $~ oo P A ATN e ~' eR8(o9 b 1 ~ a45s~ FILED-QFPIC" OF- 1 I'F PRD T HONDTAR'{, 2011 JAN 31 PM 2: 03 IaUMDERLAND CQUN I ? PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE CO Plaintiff vs. ERIC DIXON Defendant No. 09 2493 CIVIL. PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: August J Ober IV, Esquire PA I.D.#94701 Weltman, Weinberg & Reis Co., L.P.A. 325 Chestnut Street Suite 501 Philadelphia, PA 19106-2611 (215) 599-1500 WWR#7187360 evc-t? gosrzg? 90S 18yY R-IL .;?Svy` Y 1 1% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE CO Plaintiff vs. ERIC DIXON Defendant Civil Action No. 09 2493 CIVIL PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO THE PROTHONOTARY: Kindly issue a Certification of Motor Vehicle Judgment against the Defendant, Eric Dixon, above named in the amount of $3,577.31 with 6% interest accruing from June 22, 2009. Date of Accident was 06/06/07, Claim Number, 074920189. WELTIKN, WFINRG & REIS CO., L.P.A. A gus b AV, Esquire A 1 01 an, Weinberg & Reis Co., L.P.A. 25 Chestnut Street Suite 501 Philadelphia, PA 19106-2611 (215) 599-1500 WWR#07187360 IN THE COURT OF COMMON PLEAS&&,&?IOUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INS Plaintiff(s) vs. No. 09 2493 CIVIL TERM ERIC DIXON Defendant(s) and CITIZENS BANK 4 i b 1 eo'H sle Pf: 9 Garnishee(s) f } co Pal nol( PRAECIPE FOR WRIT OF EXECUTION = -v = To the Prothonotary: t Issue writ of execution in the above matter, (1) directed to the sheriff of6AD,1 "county; (2) against ERIC DIXON er 96 B STREET, CARLISLE, PA 17013, P defendant; and (3) (4) against CITIZENS BANK garnishee; and enter this writ in judgment index (a) against (b) against (c) as a lis pendens against real property of the defendant in name of garnishee as follows (5) Amount due Interest Costs to be added Total $ 3577.31 $ 613.34 ............................................... $ 4190.65 ............................................... a1,a. 80 - 4a..as owc - So LL. e?' ?os?9o9 P.#a7&q&,S Official Note ?' Under paragraph (I) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count., in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4)(a) should be completed only if entry of the execution in the county of issuance is desired as authorized by Rule 3104(a)(1). When the writ issues to another county entry is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of a garnishee is attached and entry as a lis pendens is desired. See Rule 3104(c). defendant, and as garnishee-494' 00 W77Y 54.80 Dar 78.50 'r 14,00 of oo s. Co 5.00 " 01 ,50 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2493 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PROGRESSIVE NORTHERN INS, Plaintiff (s) From ERIC DIXON, 96 B Street, Carlisle, PA 17013 ( l ) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CITIZENS BANK, 4101 Carlisle Pike, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,577.31 Interest -- $613.34 Atty's Comm 0/ Atty Paid $212.80 Plaintiff Paid Date: 6/8/12 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.25 Other Costs 1 7i)24 ?- - David D. Buell, Prothonotary Deputy Name : MICHAEL J. DOUGHERTY, ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO., LPA 325 CHESTNUE STREET, SUITE 501 PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-599-1500 Supreme Court ID No. 76046 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Ito Chief Deputy - Richard W Stewart Solicitor OF Progressive Northern Insurance Company vs. Case Number Eric Matthew Dixon (et al.) 2009-2493 SHERIFF'S RETURN OF SERVICE 06/18/2012 01:27 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1327 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Eric Dixon, in the hands, possession, or control of the within named garnishee, Citizens Bank, 4101 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Jeffery R. Lessner, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on June 19, 2012 to Eric Dixon at 96 B Street, Carlisle, PA 17013. SO ANSWERS, June 19, 2012 RON R ANDERSON, SHERIFF Wil iam Cline, Deputy C?u?iya ii f ,errfP c-,a,:*=. Inr. Cl) C , IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO UN cn r- ?r3rn f CIVIL DIVISION r o PROGRESSIVE NORTHERN INS Plaintiff(s), vs. 09 2493 CIVIL TERM ERIC DIXON Defendant(s , and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1_ to _12_) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a CHECKING account in the name of the defendant, ERIC M DIXON , with an available balance less tt the Garnishee's Processing Fee of $125.00, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared PENNY DONALDSON who being sworn according to the law deposes and says that she is the Legal Clerk, Operations Sen and that the statements set forth in foregoing Answers to Interrogatories are true and cor to the best of her knowledge, information, and belief. Penny Donaldson Sworn and subscribed before me this IOTH day of JULY , 2012. ' Notary Public COMMONJ_ Ep,LTH OF PENNSYLVANIA Notarial Seal h{Ci41tJ@r. {t5t 5I3Kld3 Not s ell fv? /L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION 09- PROGRESSIVE NORTHERN INS, Plaintiff(s), vs. ERIC DIXON, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkways Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax Certificate of Service I, Penny Donaldson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, prepaid, this IOTH day of JULY , 2012. WELTMAN WEINBERG & REIS CO, LPA 325 CHESTNUT ST, STE 501 PHILADELPHIA, PA 19106 MICHAEL J DOUGHERTY 325 CHESTNUT ST, STE 501 PHILADELPHIA, PA 19106 ERIC M DIXON 96 B ST CARLISLE, PA 17013 Penny Donaldson WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File#7187360 Attorney for Plaintiff(s) 6 ILED- PRO FFIGE O'NOTAR1 2x12 JUL 34 PM 4? 04 fit. CIVI MOT Y 1.Y?+l lA PROGRESSIVE NORTHERN INS vs. ERIC DIXON BRIAN D SHUGHERT Cumberland County Court of Common Pleas NO. 09 2493 CIVIL TERM PRAECIPE TO WITHDRAW BANK ATTACHMENT AS TO GARNISHgE, CITIZENS BANK TO THE PROTHONOTARY: Kindly withdraw Plaintiffs Bank Attachment as to Garnishee, CITIZENS BANK, in the above-captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Michael J. Dougherty, Esquire Attorney for Plaintiff % R.< PdI k"?-N to 0 SHERIFF'S OFFICE-OF CUMBERLAND COUNTY Ronny RAnderson Fg E_0-113 i:11 � �AE .PRO—AONOT.�n�Sheriff .t Jody SSmith ~' -" Chief Deputy �70/1SEP 19 AN 11,: ( | ��a�VVS�wa� �+��� CUMBERLAND COH@—Y Solicitor *pm�mp�Esm�� PENNSYLVANIA_. . ` Progressive Northern Insurance Company Case Number vs. | 2O0S'2403 Eric Matthew Dixon (et ai) | SHERIFF'S RETURN OF SERVICE 08M8/2012 01:27 PM 'V0Uiam Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 18. 2012 at 1327 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, towit: Eric Dixon, in the hands, possession, or control of the within named garnishee, Citizens Bank,41O1 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17O11. by handing to Jeffery R. Lessner, Assistant BnanchyNaneger. penonno|| three copies cf intenngatoheehoge� with ieoufthawhtofexeoudonandmndathoconbento there of known to him. The writ of execution and notice to defendant was mailed on June 19, 2012 to Eric Dixon at 96 B Street, Cadie|e, PA 17013. 09/18/2013 Ronny R. Anderson. Sheriff, who being duly sworn according to |aw, abataa this writ of execution is returned eoABANDONED. No action on writ in over Gmonths. SHERIFF COST: $83.20 SO ANSWERS, September 18, 2013 RONNY RANDERSON. SHERIFF ^p"W j (c)CountySuite Sheriff,Teleosoft,Inc, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - i 1,L E f)>_- THE H Sheriff nt "�rarl � f'FO ,; dOTt'kR Jody s smith 2013 S P 19 AM 11- . Chief Deputy , Richard W Stewart CUMBERLAND COUNTY Solicitor ORfJC6 OF r ESREREF.P PENNSYLVANIA Progressive Northern Insurance Company Case Number vs. 2009-2493 Eric Matthew Dixon (et al.) SHERIFF'S RETURN OF SERVICE 1211412012 12:22 PM-Jason Kinsler, Deputy Sheriff,who being duly sworn according to law, states that on December 14, 2012 at 1222 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Eric Dixon, in the hands, possession, or control of the within named garnishee, Citizens Bank,665 North East Street, Carlisle, Cumberland County, Pennsylvania, by handing to Tabitha J. Zarichansky,Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 17,2012 to Eric Dixon at 96 B Street, Carlisle, PA 17013. NOTE: When this writ was served back in June 2012,the defendant's mother called and advised that the defendant was incarcerated in Dauphin County Prison and was believed to be doing a lengthy prison sentence. 09/18/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.63 SO ANSWERS, 6�� -— .a, September 18, 2013 RONNY R ANDERSON, SHERIFF - 7j r�s� (cs iountySui':e Sheriff,Teleosoft,Inc.