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HomeMy WebLinkAbout11-2331FILED-OFF 10F OF THE PROTNONOTAR) 2011 FEB 25 AM 10* 35 CUMBERLAND COUNT" PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Brandon Smith Plaintiff, v. MITCHELL T. GREEN NO. 11-?331 01'k?'t T&M 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 #08916754 &-"D Q? %gaco ? a CV?-905 395(0 aja-a<5 W 3 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Brandon Smith Plaintiff, NO. V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION MITCHELL T. GREEN Defendant. 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 demanda 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 provisiones 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. NORTH PENN LEGAL SERVICES 168 EAST FIFTH STREET BLOOMSBURG, PA 17815 (570) 784-8760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Brandon Smith Plaintiff, NO. V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION MITCHELL T. GREEN Defendant. CIVIL ACTION - COMPLAINT 1. Plaintiff, Progressive Insurance Company, is a corporation licensed and authorized to conduct business in the State of Ohio with a registered place of business located at P. O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Mitchell T. Green, is an adult individual who at all times pertinent hereto resided at 288 Meadows Road, Newville, PA 17241. 3. At all times pertinent hereto, Plaintiff, Progressive, issued a policy of motor vehicle insurance whereby Progressive agreed to insure Brandon Smith. 4. On or about May 27, 2010, Brandon Smith was a passenger in a motor vehicle operated by Defendant. 5. On or about May 27, 2010, the motor vehicle operated by Defendant did negligently and carelessly collide with a tree, subsequent to fleeing the scene of a motor vehicle accident. 6. At all times relevant hereto, Defendant was operating the vehicle while under the influence of alcohol. 7. The aforementioned accident was caused solely by the negligence of the Defendant, Mitchell T. Green, in failing to properly operate his motor vehicle at all times material hereto. 8. The negligence and carelessness of the Defendant, Mitchell T. Green, consisted of the following: a. Failing to have his motor vehicle under such control as the situation warranted; b. Operating his motor vehicle in complete disregard of the point and position of Plaintiff; c. Failing to keep a proper lookout; d. Disregarding traffic control devices; e. Failing to abide by the Rules of the Road and the Motor Vehicle Code of Pennsylvania; f. Operating the vehicle while under the influence of alcohol; and, g. Being negligent as a matter of law as may be relevant through discovery and/or at the time of trial. 9. As a result of the actions and/or omissions of Defendant, Plaintiff's insured was caused to sustain serious and permanent injuries in, on or about his person, including but not limited to injury to his back and neck, all of which has caused him or will continue to cause her a great deal of pain, suffering, and inconvenience, and all of which are permanent in nature, character and duration. 10. As a further result of the actions and/or omissions of Defendant, Plaintiff's insured, has been prevented from attending his usual and customary duties, avocations, and occupations, thereby causing him to sustain a loss of earnings and/or earning capacity, all to his great financial detriment and loss. 11. As a further result of the actions and/or omissions of Defendant, Plaintiffs insured, has been caused to expend various sums of money for medicine and medical attention in an effort to treat and cure himself of his injuries, all to his great financial determent and loss. 12. As a further result of Defendant's negligence and pursuant to the terms and conditions of the policy of insurance issued by Progressive, Progressive paid uninsured motorist benefits to its insured in the amount of $30,000.00 for injuries related to this accident. 13. Pursuant to the terms and conditions of Progressive's policy of insurance, Progressive has been subrogated to the claim of its Insured against Defendant. 14. Pursuant to Progressive's right of subrogation, Progressive is presently due and owing damages related to uninsured motorist coverage benefits paid to it's Insured. WHEREFORE, Plaintiff, Progressive Insurance Company, as subrogee of Brandon Smith, demands that a judgment be entered against Defendant in the amount of $30,000.00, plus interest and costs. WELTMAN, WEINBERG & REIS CO., L.P.A. EXHIBIT 1 ?I Claim Payment Detail ( 1.0--102:0691 ) ---_.__._._...____..._T.__--_. - Payment Information Number: 466849719 Total Amount: $30,000.00 EFT Trace Number: Paid To: BRANDON SMITH, A SINGLE INDIVIDUAL, ONLY" '* ******** **** Payee Address: 207 BIRCH LANE x' CARLISLE, PA 17015 USA w In Payment Of: TENDER OF UM POLICY LIMITS --Vendor Information------- 1099 Required: No Vendor Name: F Vendor Type: --Reviewed 5ummary------.--- - ---- --- - . - - --- ----- __ i 'I - Issuing Rep: VMS0004 I Approved By: JJH0006 ; Issue Date: 07-09-10 Review Date: i Last Updated Rep: VMS0004 Reviewed By: - Bank Information i Type: Loss CDS Code: 12-PCL Stop Reason: Bank Code: AS2 Stop Date: State: PA Cleared: 07-12-10 Area Code: 252 -Exposure Detail: UM Party Name: SMITH, BRANDON Amount Paid: $30,000.00 Exposure: UM Deductible Taken: $0.00 Payment Type: FINAL PAYMENT Medical: $0.00 Workers Comp Wage: $0.00 I Type: http://claimspaymentsweb/Charlie/ClaimsPaymentsWeb/default.aspx?page=ClaimPayme... 12/02/2010 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. 9,116111 Date 29111 JU1. 20 PM 3: 3 rlPY COUNTY ENN VIN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE CO Plaintiff vs. MITCH GREEN Defendant Civil Action No. 11-2331 PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO THE PROTHONOTARY: Kindly issue a Certification of Motor Vehicle Judgment against the Defendant, Mitch Green, above named in the amount of $30,000.00 with 6% interest accruing from 4/25/11. WELTMAN,,,WE1NBERG $.-REIS CO., L.P.A. By: ,' AOgusCJ ber IV, Esqujre PA -- Weltman, Weinberg & Reis Co., L.P.A 325 Chestnut Street Suite 501 Philadelphia, PA 19106-2611 (215) 599-1500 WWR#08916754 S06 d 4,? Ck a Ieoliq q eillrdbulTs IN THE COURT OF COMMON PLEAS CUMBERLAN CIVIL DIVISION D COUNTY' PENNSYLVANIA PROGRESSIVE PREFERRED INS Plaintiff(s) vs. MITCH GREEN N048 -leneea. Ave No. 11-2331 044 4i 11 PA and Defendant(s) 1701'1 ?- _, - FULTON BANK ?L1 Triridle tad " ' 't =_:= ?h Il PA 17611 Garnishee(s) ZZ, -zj -? 3--11 PRA ECIPE FOR WRIT OF EXECUTION - To the Prothonotary: Issue writ of execution in the above matter, (1) directed to the sheriff of CUMBERLAND coun ; (2) against MITCH G 1'Y BEEN, defendant; and (3) against FULTON BANK, garnishee; 4-14. -no po (4) and enter this writ in judgment index y0.00 08F ga.00 it (a) against MITCH GREEN, defendant, and W. 00 (b) against FULTON BANK, as garnishee 5.00 Q -So 4 (c) as a lis pendens against real Property of the defendant in name of garnishee as follows: 1'8.00 -PO AT ,1 (5) Amount due Interest from 4125111 $ 30 000.00 $ Costs to be added 0 ...... .00 ................................. -1 • CO DUE Cp Total $ ........ ................... per so I1. ...................... '0, 000.00 0-4 ID 05,607 Official Note Attorne g*-,2 O y g"/ y for Plaintiff Under Paragraph (1) when the writ is directed to the sheriff of anoth er coun on a transferred judgment may be directed onl Paragraph (3) above should be completed oonly n yito the sheriff of the co ty authorized by Rule 3103O6 , Paragraph (4)(a) should be completed only if entry only in which issued. the county should be indicated. Under Rule 3103(c) a writ issued county entry is required as of course in that coun garnishee is to be included in the writ. of the a ccution in the county of issuance is desired as authorized b Paragraph (4)(b) should be co h' by the prothonotary. certification as to waiver of exemppon mdy,be inl Prop in the the name see Rule 3104sb), y Rule 3104 a ieParate direction at the option mpti n M P P rtY in the name of a O(f )• When the writ issues to another VWR# 08916754 garnishee is attached and entry as a lis pendens is desired. See Rule 3 he writ P pecifc directions to the sheriff as to property, to be levied upon may be included in the praecipe or by WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-2331 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PROGRESSIVE PREFERRED INS, Plaintiff (s) From MITCH GREEN, 4048 Seneca Avenue, Camp Hill, PA 17011 (1) 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: FULTON BANK, 3344 Trindle Road, 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 $30,000.00 Interest Atty's Comm % Atty Paid $178.00 Plaintiff Paid Date: 9/19/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name MICHAEL J. DOUGHERTY ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO, LPA 325 CHESTNUT STREET, SUITE 501 PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-599-1500 Supreme Court ID No. 82259 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Progressive Insurance Company vs. Mitchell Green 4ti}ttr o{ u+nbrr fT i' L t: D - O F F I is 7811 SEP 29 AH 10-:33 'UMBERLAP.1 PENNSYLVAMA Case Number 2011-2331 SHERIFF'S RETURN OF SERVICE 09/27/2011 01:47 PM - Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank at 3344 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to LAUREN GREEN - HEAD TELLER, personally 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 September 28, 2011 to Mitch Green at 4048 Seneca Avenue, Camp Hill, PA 17011. SO ANSWERS, 21 , ? Z' ? r 12?/? September 28, 2011 RON R ANDERSON, SHERIFF S a tsha , Deputy i:;ounb; Sutt? shemtf i0 ecscYt_ Inc, . ?t'i' PR 1 ' is r <. 2 I OCT -5 A H:53' CUMBERLAND PENNSJYL A%N! i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE PREFERRED INS No. 11-2331 Plaintiff(s) A nswem 4o INTERROGATORIES IN ATTACHMENT VS. XXX-XX- 3307 MITCH GREEN and FULTON BANK Defendant(s) FILED ON BEHALF OF: PROGRESSIVE PREFERRED INS Garnishee(s) COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty, Esq. PA ID# 76046 Weltman, Weinberg & Reis, Co., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 (215) 599-1500 WWR#08916754 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE PREFERRED INS VS. MITCH GREEN and FULTON BANK TO: FULTON BANK 3344 TRINDLE RD CAMP HILL PA 17011 Plaintiff(s) No. 11-2331 Defendant(s) INTERROGATORIES IN ATTACHMENT Garnishee(s) Suggested Reference No.:XXX-XX-3307 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. issued. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? I L-19 Ia. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. /w 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? ko 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. rw a-c??s 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 12. If the response to Interroga ry 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Michael J. Dougherty, Esq. PA ID#76046 Weltman, Weinberg & Reis, Co., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 (215) 599-1500 WWR# 08916754 VERIFICATION The undersigned does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that he/she is 1) 60c, (Name) (Title) 19 r of (Company) Garnishee herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Date /D 3 Signature Present Address: Fulton an -4,429 Bonney Read Virginia Beach, VA 23462 Fulton Bank LISTENING IS JUST THE BEGINNNG October 3, 2011 Cumberland County Prothonotary Office 1 Courthouse Square Carlisle, PA 17013 Subject: Writ of Execution- Mitch Green Issuing Party: Progressive Preferred Ins Court: Cumberland County Case/Docket#: 11 2331 Dear Sir: Please be advised that Fulton Bank has no record of any current accounts in the name of Mitch Green, whose funds you are seeking pursuant to the above-referenced Writ of Execution. Also enclosed is a copy of answered Interrogatories. If you have any questions please feel free to contact me Monday through Friday between the hours of 8:30 AM to 5:00 PM, Sincerely, 0,&W &a Chris Land Operations Supervisor Fulton Bank, NA 4429 Bonney Road, Ste. 300 Va. Beach, VA 23462 Phone: 757 222-2309 Fax 757 464-6113 Email: cland a,fultonbank.com cc: Weltman Weinberg & Reis Co, LPA Attn: Michael J. Dougherty, Esquire 325 Chestnut St., Ste. 501 Philadelphia, PA 19106 Enclosure SHERIFF'S OFFICE OF CUMBERLAND COUNTY y R Anderson ,iff ,)dy S Smith Chief Deputy Richard W Stewart Solicitor t rd THE pRoy,10 No -I Zt??Z MAY -3 PM 2: t PUMBERLANQ cOUN7,( PENNSYLVANIA Progressive Insurance Company vs. Mitchell Green Case Number 2011-2331 SHERIFF'S RETURN OF SERVICE 09/27/2011 01:47 PM - Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Fulton Bank at 3344 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to LAUREN GREEN - HEAD TELLER, personally 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 September 28, 2011 to Mitch Green at 4048 Seneca Avenue, Camp Hill, PA 17011. 05/03/2012 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: $97.31 SO ANSWERS, May 03, 2012 RbNWY- R ANDERSON, SHERIFF a f? fowl ? tea. sue' ??, SG ?vD- ?rl CcumySucte >:^.enf Tele^„o`i. In,.