HomeMy WebLinkAbout10-3451
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DONNA MOWRY, PR41W COURT OF COMMON PLEAS OF
Plaintiff CUMy"BERLAND COUNTY, PENNSYLVANIA
L..'y rl ,l `f
V. : CIVIL ACTION - LAW
NO: ?O 3 7.Sf (?u
INFINITY INSURANCE, : JURY TRIAL DEMANDED
Defendant
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PETITION TO COMPEL ARBITRATIONXIMIUI ?r=
Petitioner, Donna Mowry, through her undersigned counsel, petitions this Coui?undar".42
Pa. Cons. Stat. Ann § 7304(a) for an order compelling arbitration in this matter, and: suUort
represents as follows:
1. Petitioner, Donna Mowry is a citizen of the Commonwealth of Pennsylvania
residing at 168 Amy Drive, Carlisle, Pennsylvania 17013.
2. Respondent, Infinity Insurance, is an insurance company duly licensed to do
business in the Commonwealth of Pennsylvania with its principal place of business at 3700
Colonnade Parkway, Birmingham, Alabama 35243.
3. On May 27, 2007, Petitioner was the driver of the vehicle and was traveling East
on the Harrisburg Pike at the intersection of the Harrisburg Pike and South Middlesex Road.
4. Another driver who was traveling North on South Middlesex Road and was
stopped at the red light at the intersection of Harrisburg Pike and South Middlesex Road
proceeded through the intersection of Harrisburg Pike and South Middlesex Road failing to yield
to oncoming traffic.
5. Petitioner followed up with her family physician complaining of neck pain and
diagnosed with cervical sprain with pain and tinnitus.
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6. The accident and resulting injuries to the Petitioner were solely caused by the
negligence of Matthew Coover.
7. At the time of the accident, Matthew Coover was insured under a policy with
Allstate Property and Casualty Insurance Company, which accepted coverage and is still in
litigation.
8. As of the date of filing this petition, the respondent has not provided any
sufficient evidence that the petitioner is not entitled to UIM/UI motorist coverage.
9. Petitioner believes there may be UIM/UI coverage available to her and has
requested arbitration.
WHEREFORE, the petitioner requests this Court issue a rule upon the respondent to
show cause, if any it has, why the respondent's should not be submitted to arbitration and
thereafter order that the matter be submitted to arbitration.
Date: t ? 10
Respectfully Submitted,
Rominger & Associates
Karl . ominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Donna Mowry
I
DONNA MOWRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
NO:
INFINITY INSURANCE, : JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day
served a copy of the within Petition to Compel Arbitration/UIMIUI by First Class Mail, postage
prepaid, at Carlisle, Pennsylvania, addressed as follows:
Infinity Insurance
3700 Colonnade Parkway
P.O. Box 830189
Birmingham, Alabama 35243-3219
Date: wt--D-?
Respectfully Submitted,
Rominger & Associates
Karp. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Donna Mowry
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DONNA MOWRY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
NO. 10-3451 CIVIL
INFINITY INSURANCE,
Defendant JURY TRIAL DEMANDED
IN RE: PLAINTIFF'S MOTION TO COMPEL ARBITRATION
RULE TO SHOW CAUSE
AND NOW, this 2 ~' day of May, 2010, upon consideration of the foregoing petition, it is
hereby ordered and decreed as follows:
1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to
the relief requested;
2. the respondent shall file an answer to the petition within twenty (20) days of service;
3. the petition shall be decided under Pa. R.C.P. No. 206.7;
4. argument is set for Thursday, July 8, 2010, at 3:00 p.m. in Courtroom Number 4; and
5. notice of the entry of this order shall be provided to all parties by the petitioner.
BY THE COURT,
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Kevi A. Hess, J.
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DONNA MOWRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v• :CIVIL ACTION -LAW
NO: 10-3451
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INFINITY INSURANCE, :JURY TRIAL DEMANDED ~ ~, ~~
Defendant ; ~ i~' c.~ ---.
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PRAECIPE TO DISCONTINUE 2 ,- ~-;
MOTION TO COMPEL ARBITRATION x ~~ `"
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TO THE PROTHONOTARY:
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Kindly discontinue the Motion to Compel Arbitration in the above captioned matter and
cancel the Argument now scheduled for July 8, 2010.
Date: July 8, 2010 Respectfully submitted,
ROMINGER & ASSOCIATES
Kazl E. Rominger, Esquire
155 South Hanover Street
Cazlisle, PA 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Defendant