HomeMy WebLinkAbout10-1390w
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as _
Subrogee for CASE NO. 10 - ?3q0 Civil le?rht
CARA KEIPER,
CODE NO.
Plaintiff,
VS.
DEBORAH DUNN
and ANN STUM,
TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF:
Defendants. ERIE INSURANCE EXCHANGE,
as Subrogee for
CARA KEIPER, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
?ORGE A. MILLER, ESQUIRE
Pa. I.D. No. 22525
BROMBERG & MILLER
FIRM I.D. No. 937
1030 Fifth Avenue, Suite 102
PITTSBURGH, PA 15219 O
s
(412) 232-0440 4aa, 00 Pb ATf`/
ce 38t3
Q,,T*
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, Case No.
as Subrogee for
CARA KEIPER,
Plaintiff,
VS.
DEBORAH DUNN
and ANN STUM,
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 defense 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 BRING 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.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ERIE INSURANCE EXCHANGE, CIVIL DIVISION
as Subrogee for
CARA KEIPER, Case No.
rd
Plaintiff,
VS.
DEBORAH DUNN
and ANN STUM,
Defendants.
COMPLAINT IN CIVIL ACTION
AND NOW come(s) ERIE INSURANCE EXCHANGE, as subrogee for CARA
KEIPER, Plaintiff, by and through their attorney, GEORGE A. MILLER, ESQ., and BROMBERG
& MILLER, Attorneys at Law, and file(s) the within COMPLAINT IN CIVIL ACTION as
follows:
1. The Plaintiff is Erie Insurance Exchange, subrogee for Cara Keiper,
maintaining a branch office at 4901 Louise Drive, Mechanicsburg, PA 17055.
2. Defendant Deborah Dunn is an adult individual whose address is 300 Long
Meadow Street, Mechanicsburg, PA 17055.
3. Defendant Ann Stum is an adult individual whose address is 300 Long
Meadow Street, Mechanicsburg, PA 17055.
4. On or about June 6, 2008, Defendant Deborah Dunn, operated the motor
vehicle of her mother, Ann Stum, at or near the on ramp to State Route 581 from US Route 15
North, in such negligent fashion, as to collide with the rear of the motor vehicle of the Plaintiff
subrogor, Cara Keiper.
•
5. As a proximate result of such collision, the Plaintiff's subrogor suffered
damages totaling Four Thousand One Hundred Sixty-eight Dollars and Fifty-seven Cents
($4,168.57), which sum, less the subrogor's deductible, has been expended by Plaintiff pursuant to
a contract of insurance, and Plaintiff now seeks to recoup such expense, including the deductible,
from the Defendants by means of subrogation.
6. Defendant Deborah Dunn was not in possession of a valid operator's license
at the time of the collision.
7. Defendant Ann Stum permitted her daughter, Deborah Dunn, to operate the
said motor vehicle, and is therefore civilly liable for all damages sustained by the Plaintiff pursuant
to 75 Pa.C.S.A. Section 1574 (a,b).
8. Estimates, bills, and other receipts are attached hereto and marked collectively
as Plaintiff's Exhibit "A."
9. Plaintiff intends to offer the attached Exhibits into evidence pursuant to
Pennsylvania Rules of Civil Procedure, Rule 1305. The repairs have been performed.
10. Plaintiff has demanded this sum from both Defendants, which demand has
been refused.
WHEREFORE, the Plaintiff demands judgment against both Defendants, jointly and
severally, in the sum of $4,168.57, together with costs of suit.
Respectfully submitted,
BROMBERG & MILLER
BY: 1 ?•
GEORGE A. MILLER, Esquire
ERIE INSURANCE EXCHANGE,
as Subrogee for Cara Keiper, Plaintiff
-2-
VERIFICATION
I verify that the statements made in this Complzint in Civil Action are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to
unsworn falsification to authorities.
ERIE INSURANCE EXCHANGE
By. ?_ - 1?i- A k" A /S
Title
#:f3 7AMAL S v
MKWMWDbt4 ftM CWd*WWW
a4 Expos Dacw*w 29, 2412
Subway Auto Body Collision
Center Co.
1231 Ritner Highway
Carlisle,PA 17013
243-9978
I BILL TO
Keiper, Cara
3430112 Walnut St
Harrisburg, PA 17109
Invoice
DATE INVOICE #
611812008 3949E
DESCRIPTION HOURS PER HOUR AMOUNT
2007 Saturn ION 2
Repair Right Rear Damage as per Estimate
ERIE Insurance Group
Labor Hours for Repairs 11.4 44.00 501.60T
Refinish Hours 15.7 44.00 690.80T
Parts 1,929.37 1,929.37T
Frame Work 4 4600 184.OOT
Paint and Supplies
Sublet 15.7 23.00
5.00 361.10T
5.OOT
PA Sales Tax 600% 220.31
Thank You For Your Business ! ! ! Total
$3,892.18
h
ERIE
INSURANCE AUTHORIZATION FOR PAYMENT
GROUP
ERIE ? ? ?
m
A Member Company of the Erie Insurance Group h assigned Claim Number . ?.?? 0`?S!? DD j
for Polic Number . .l .?S' ?? ? ................. which covers a losslaccident that occurred on:
......(C. I q? ...................... .
(Date of L=a/Accident)
The named insured(s) under the policy is/are:
... r3... r P. i W. . ...................................................................................................
(Type or Print N a) and Address[es])
b% ?a...w% !??u..::.,.....:. k?.
......1.4:.....l .................................
Ve .icle Aergs) name .................................................................................................
(Type or Print Nameja) and Addreasies))
The vehicle which is involved in this loss/accident is:
ri.... .......... XON... A ............. .1. 13 .>S?.F? :?..13 .oZ? ...
(Year) (Make) (Model)
The owner(s)/less ee(s) identified below has/have selected:
Subway Auto Body Collision Center
(Name of Repair Shop)
1231 Ritner Highway Carlsile
(Address) (City)
(Vehicle Identification Number / V.I.N.)
(717) 243-9978
(Ara Code / Telephone Number)
PA 17013
(State) (Zip Code)
Repairs have been completed to my/our satisfaction. I have been provided a copy of the final repair estimate,
Payment is hereby authorized to the above repair shop in the amount of
Total repair amount: $329X l.l?r..... Deductible ount $51 x:00 Amount due shop $ 3 s.? ....
# 251854056.a 6 / S' d,8
' ? 7-- . ........... -7 (Shoo Federal Mentification Number) (Signature of ownern Cuft.) {I?te)
(Type or Print Name and Address)
II . ... • • ... • .. • ...... • • ....... • • • . • . • • • •
a,???
i•($? Q ... ............................................................... j?
(W 643s) (Date) (Signature of Owner/Lessee) (Late)
.................................. ........................;....
(Type or Print Name and Address)
Return properly executed form to:
ERIE INSURANCE GROUP
Atta: MARY LUCKENBAUGH
4901 Louise Drive, Rossmoyne Business Center
P.O. BOX 2013
Mechanicsburg, PA 17055-0710
(Upon receipt of Authorization Form, Repair Invoice, and Photos, the ERIE will make payment to the repair shop identified above.)
NOTICE: 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.
...?.,.,? - r'kuLv111aLCU LxCuLi11 lviaiiagement z)ystem Page I of I
1SERIE INSURANCE
Rental Company: ENTERPRISE RENT-A-CAR
Invoice: 072122 5710
-- 010ilmaisbo
Bill To:
ERIE INSURANCE
ATTN: MARY LUCKENBAUGH
4901 LOUISE DRIVE
MECHANICSBURG, PA 17055
RENTER INFORMATION:
Renter: KEIPER, CARLA
RENTAL INFORMATION:
Rental Branch Location:
ENTERPRISE RENT-A-CAR (5710)
800 NORTH HANOVER ST
CARLISLE, PA 170131538
(717) 258-4495
ADDITIONAL CLAIM INFORMATION:
Claim Number :010170980017001
Claim Type: Insured
Vehicle Condition: Unknown
Date Of Loss:
Insured Name:
Owner's Vehicle: SATURN ION
Additional Driver.
Repair Facility:
SUBWAY AUTO BODY
CARLISILE, PA 17013
(717) 243-9978
VEHICLES RENTED:
Billing Detail:
Rental Period: 6/9108 to 6/18108 (10 days)
Billed Period: 6/9/08 to 6118/08 (10 days)
Description Rate: Amount:
10 DAYS Q $23.74 $237.40
10 PTA TAX $2.00 $20.00
1 VRT %2,00 $4,75
1 SALES TAX 0/06.00 $14.24
TOTAL CHARGES: $276,39
Less Amount Received: $0.00
AMOUNT DUE .......... $276.39
Effective Date
and Time Year Make Model VIN Starting Ending
Mileage
Mileage Mirage
6/9/08 8:34 AM 2008 DODG CALI 11331-1132813980625422 11839 12131 292
Rental Invoice
Please Return This Portion with Remittance
Make Payment To:
ENTERPRISE RENT-A-CAR (5799)
2625 MARKET PLACE
HARRISBURG,, PA 17110
Federal ID:52-169W65
https://www.enterprise.com/annsweb/approveinvoice
Total Charges: $276.39
Less Amount Received: $0,00
Total Amount Due .................... $276.39
Please include on your check:
Invoice: D721223-5710
6/19/2008
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~" "'
Sheriff c~ ~l7ARY
~~~+~~~tt? dt~ ~~ura~irr/~i~0
Jody S Smith
Chief Deputy ~ ,,-~ ,~. ~~~Q M~~ -~ ~~ ~~ ~ i
,~~
Edward L Schorpp
Solicitor ~eF}:;~ ~~ -~E s~~si~~ ~ ,~
CUMSC~u?~'~ t,~£)tJi~iY
~~~N
Erie Insurance Exchange Case Number
vs.
Deborah Dunn (et al.) 2010-1390
SHERIFF'S RETURN OF SERVICE
03/01/2010 10:54 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 1,
2010 at 1054 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Deborah Dunn, by making known unto Ann Stum, Mother of defendant at 300
Longmeadow Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the
same time handing to her personally the said true and correct copy oft a same.
VALERIE WEAR ,DEPUTY
03/01/2010 10:54 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 1,
2010 at 1054 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ann Stum, by making known unto herself personally, at 300 Longmeadow Street,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time han ~ g to
her personally the said true and correct copy of the same.
VALERIE WEARY, DEPUTY
SHERIFF COST: $53.44
March 02, 2010
SO ANSWERS,
RON r R ANDERSON, SHERIFF
(ci Cam!ySulte Shc:ri}f, TeiROSUtt. Inr,_
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEIPER,
Plaintiff,
vs.
DEBORAH DUNN AND
ANN STUM,
Defendant.
CIVIL DIVISION
No.: 10-1390
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PRAECII'E TO ENTER DEFAULT
JUDGMENT
Code: 010 -Contract
File 57746
Filed on Behalf of:
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEII'ER,
Plaintiff
Counsel of Record for this
Party:
GEORGE A. NIILLER, ESQUIRE
PA I.D. #22525
BROMBERG & MII:LER
Firm I.D. No. 937
1030 FIFTH AVENUE, STE. 102
PITTSBURGH, PA 115219
(412) 232-0440
~I~.Op PA A`f1,/
Cr~'39o?,a
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1~1o~++ca. ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEIPER,
Plaintiff, CIVIL DIVISION
vs.
DEBORAH DLJNN AND
ANN STUM,
Defendant. No.: 10-1390
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO: PROTHONOTARY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
KINDLY ENTER DEFAULT JUDGMENT IN THE ABOVE CASE AGAINST THE
DEFENDANTS, DEBORAH DUNN AND ANN STUM, in the amount of FOUR
THOUSAND ONE HUNDRED SIXTY EIGHT AND 57/100 DOLLARS ($4168.57)
plus costs and interest from the date of entry, the Defendant (s)
having failed to file an Answer to the Complaint.
More than ten (10) days have elapsed since serving the
Defendant(s) with a copy of the "IMPORTANT NOTICE", a copy of
said Notice with the PROOF OF SERVICE being attached hereto as
EXHIBIT "A".
i~
GEO E A. MILLER, Esq.
A orney for Plaintiff
030 FIFTH AVENUE, STE. 102
PITTSBURGH, PA 15219
(412) 232-0440
Pittsburgh, PA 15219
(412) 232-0440
PROOF OF SERVICE
THE UNDERSIGNED, George A. Miller, Attorney for Plaintiff
herein, does hereby verify that the IMPORTANT NOTICE, a copy of
which is attached hereto, was mailed to the Defendant(s) herein
on March 31, 2010, by U.S. Mail, First Class, F~ostage Paid.
This statement is made subject to the penalties of 18
Pa.C.S., Section 4904, relating to unsworn falsifications to
authorities.
-2-
Pittsburgh, PA 15219
(412) 232-0440
PROOF OF SERVICE
THE UNDERSIGNED, George A. Miller, Attorney for Plaintiff
herein, does hereby verify that the IMPORTANT NOTICE, a copy of
which is attached hereto, was mailed to the Defendant(s) herein
on March 31, 2010, by U.S. Mail, First Class, Postage Paid.
This statement is made subject to the penalties of 18
Pa.C.S., Section 4904, relating to unsworn falsifications to
authorities.
GEO~GE A. MILLER, Esquire
-2-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEIPER,
Plaintiff, CIVIL DIVISION
vs.
DEBORAH DUNN AND
ANN STUM,
Defendant. No.: 10-1390
TO.
ANN STUM
300 Long Meadow Street
Mechanicsburg, PA 17055
Date of Notice: March 31, 2010.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET :FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17f~1~3
Telephone: (717) 249-31 6- 00-990-9108
File 57746
George A. Miller, Esq.
Attorney for Plaintiff
1030 Fifth Avenue, Ste. 102
Pittsburgh, PA 15219
(412) 232-0440
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEIPER,
Plaintiff, CIVIL DIVISION
vs.
DEBORAH DUNN AND
ANN STUM,
Defendant. No.: 10-1390
TO: DEBORAH DUNK
300 Long Meadow Street
Mechanicsburg, PA 17055
Date of Notice: March 31, 2010.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 1~3
Telephone: (717) 249-31 800-990-9108
File 57746
George A. Miller, Esq.
Attorney for Plaintiff
1030 Fifth Avenue, Ste. 102
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ERIE INSURANCE EXCHANGE, as
Subrogee for CARA KEIPER,
Plaintiff, CIVIL DIVISION
vs.
DEBORAH DUNN AND
ANN STiTM,
Defendant. No.: 10-1390
NOTICE OF JUDGMENT
TO: DEFENDANT (s) ABOVE NAMED:
DEBORAH DUNN
300 Long Meadow Street
Mechanicsburg, PA 17055
TAKE NOTICE, that on ~/~/ /0 JUDGMENT was entered
against you and in favor of t-he Plaintiff(s) in the amount of
FOUR THOUSAND ONE HUNDRED SIXTY EIGHT AND 57/100 DOLLARS
($4168.57) plus costs and interest from date of entry.
PROTHONO Y
By:
Depu