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HomeMy WebLinkAbout11-7451 rJ?P CI hL+ L.U k v E G- 9 2• ! 2' LAM? LC ROBERT D. KODAK, ESQUIRE KODAK LAW OFFICES, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff STATE AUTO INSURANCE IN THE COURT OF COMMON PLEAS COMPANIES Cumberland COUNTY, PENNSYLVANIA Plaintiff 1'?9 v KIMBOB, INC. doing business as CIVIL ACTION - LAW Gemini Equipment Business Trust Defendant(s) 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 and filing in writing with the court your defenses 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 G q?O0 Pd A6 i ??6 5P2 'S'e 9 . AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR TSENE UN ABOGADO, LLAME O VA AGA DLA INMEDIATAMENTE. SI USTED NO SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES SOBRE POSIBLE QUE ESTA OFICINA LE LDEGALEOS SIN CARGO INFORMACION A AGENCIAS QUE OFREZCAN S PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 STATE AUTO INSURANCE IN THE COURT OF COMMON PLEAS COMPANIES Cumberland COUNTY, PENNSYLVANIA Plaintiff NO. v KIMBOB, INC. doing business as CIVIL ACTION - LAW Gemini Equipment Business Trust Defendant(s) COMPLAINT The Plaintiff, STATE AUTO INSURANCE COMPANIES, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of NINETEEN THOUSAND SIX HUNDRED SIXTEEN DOLLARS AND SEVENTY- ONE CENTS ($19,616.71), along with interest as set forth herein, upon a cause of action of which the following is a statement: 1. The Plaintiff, STATE AUTO INSURANCE COMPANIES, is a corporation organized and existing under the laws of the State of Ohio, having its principal office and place of business at 518 East Broad Street, Columbus, OH 43215. 2. The Defendant, KIMBOB, INC. doing business as Gemini Equipment Business Trust, is a corporation having its principal office and place of business at 840 Market Street, Suite 33333, Lemoyne, Cumberland County, PA 17043. 3. Defendant, KIMBOB, INC. doing business as Gemini Equipment Business Trust, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, as more fully set forth on the Pennsylvania Department of State Corporation Bureau print out attached hereto, marked Exhibit "A" and made a part hereof. COUNT I Period 311110 through 311/11 4. The averments of paragraphs 1 through 3 above are incorporated the same as if fully set forth at length herein. 5. Defendant contracted with Plaintiff for the purpose of Plaintiff providing various insurance policies and insurance coverages to and on behalf of Defendant, at Defendant's request. Specifically, a business automobile policy (BAP2288199 for the period 3/1/10 through 3/1/11), a commercial general liability policy (PBP2557790 for the period 3/1 /10 through 3/1 /11) and a workers compensation policy (WCP2161565 for the period 3/1 /10 through 3/1 /11). 6. The prices charged for said insurance policies were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay to Plaintiff. 3 r.\ T icFR\ RnRTN\ COMM PLEAS CMP & FORMS\CCP COMPLAINTS\1 N to Z\STATE AUTO 38214.wpd 7. After calculating all premiums, payments, credits, and audits, the balance due and owing by Defendant to Plaintiff for the aforesaid policies for the period March 1, 2010 through March 1, 2011 is Sixteen Thousand One Hundred Thirteen Dollars and Fifty Cents ($16,113.50) as set forth on Plaintiff's statement of account attached hereto, marked Exhibit "B" and made a part hereof. 8. The balance due and owing by Defendant(s) to Plaintiff is the sum of Sixteen Thousand One Hundred Thirteen Dollars and Fifty Cents ($16,113.50), as appears by Exhibit "B" hereto. 9. Plaintiffs Invoices, policies and applications are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant(s). 10. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse and neglect to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant (s) the sum of Sixteen Thousand One Hundred Thirteen Dollars and Fifty Cents ($16,113.50), together with interest as set forth herein. F:\USER\ROBIN\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\1 N to Z\STATE AUTO 38214.wpd 4 COUNT II Period 6/11/09 - 6/11/10 11. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 10 herein, the same as if fully set forth at length herein. 12. Defendant contracted with Plaintiff for the purpose of Plaintiff providing various insurance policies and insurance coverages to and on behalf of Defendant, at Defendant's request. Specifically, a business automobile policy (BAP22224879 for the period 6/11/09 through 6/11/10), a commercial general liability policy (PBP2493167 for the period 6/11/09 through 6/11/10) and a workers compensation policy (WCP2133634 for the period 6/11/09 through 6/11/10). 13. The prices charged for said insurance policies were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay to Plaintiff. 14. After calculating all premiums, payments, credits, and audits, the balance due and owing by Defendant to Plaintiff for the aforesaid policies for the period June 11, 2009 through June 11, 2010 is Three Thousand Five Hundred Three Dollars and Twenty One Cents ($3,503.21) as set forth on Plaintiff's statement of account attached hereto, marked Exhibit "C" and made a part hereof. F:\ USER\ ROBIN\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\1 N to Z\STATE AUTO 38214.wpd 5 15. The balance due and owing by Defendant(s) to Plaintiff is the sum of Three Thousand Five Hundred Three Dollars and Twenty One Cents ($3,503.21), as appears by Exhibit "C" hereto. 16. Plaintiffs Invoices, policies and applications are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant(s). 17. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse and neglect to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the following sums: Count I: the sum of Sixteen Thousand One Hundred Thirteen Dollars and Fifty Cents ($16,113.50), plus interest at the statutory rate from April 1, 2011; and Count II: the sum of Three Thousand Five Hundred Three Dollars and Twenty One Cents ($3,503.21), plus interest at the statutory rate from July 11, 2010; F:\USER\ROBIN\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\1 N to Z\STATE AUTO 38214.wpd 6 For a total balance due and owing of NINETEEN THOUSAND SIX HUNDRED SIXTEEN DOLLARS AND SEVENTY-ONE CENTS ($19,616.71) plus interest and court costs. Respectfully submitted, KODAK LAW OFFICES, P.C. 7 Jdffty I . Troutman, Esquire ID#53984 Robert D. Kodak, Esquire ID# 18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff F:\USER\ROBIN\COMM PLEAS CMP & FORMS\CCP COMPLAINTS\1 N to Z\STATE AUTO 38214.wpd ? r. r 7! , ION ?-' Page 1 of 2 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Fy Business Name Esv Business Entity ID Jerify \)erify Gerfification (:niine Orders Register fat Online Orders Order Good Standing Order Certified Documents :girder Business List My Images Search for Images Business Entity Filing History Date: 9/13/2011 (Select the link above to view the Business Entity's Filing History) Business Name History Name KIMBOB, INC. Name Type Current Name Business Corporation - Domestic - Information Entity Number: 189355 Status: Active Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: Officers 10/18/1972 PA MCCORMICK RD PO BOX 58 BOWMANSDALE PA 17008-0 Cumberland No Address Name: ROBERT M MUMMA II Title: President Address: P 0 BOX 5 CAMP HILL PA 17001-21 Name: WILLIAM D BOSWELL Title: Secretary Address: P 0 BOX 5 CAMP HILL PA 17001-21 Name: ROBERT M MUMMA 11 Title: Treasurer Address: P 0 BOX 5 CAMP HILL PA 17001-21 Name: FRANKLIN RUSHONG JR Title: Vice President Address: P 0 BOX 5 CAMP HILL PA 17001-21 https://www.Corporations.state.t)a.u-,/corn/soc Wit. ?rN'ti'1 _ 1 Page 1 of 1. Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services y Bushes: `dame y ius n s Entity ID we r; y erify Certfication 11N?ne Orders Register ?o- Online Orders Order Good Standing Order Certified Documents Order iusiness List Myimages Search for images f t'?*e Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. commonwealth of PA Privacy Statement Business Entity Filing History Date: 9/13/2011 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type GEMINI EQUIPMENT BUSINESS TRUST Current Name Business Trust - Domestic - Information Entity Number: 2577346 Status: Active Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 4/22/1994 11:21:12 AM PA 614 N FRONT ST STE A HARRISBURG PA 17101-0 Dauphin No Address Officers Name: ROBERT M MUMMA 11 Title: President Address: BOX E BOWMANSDALE PA 17008-21 Name: ROBERT M MUMMA II Title: Treasurer Address: BOX E BOWMANSDALE PA 17008-21 https://www.corporations.state pe ??/??'' 7:.-2 ^94.5 1e,,71 PAGE ?•/^= INSURED; POLICY: ACCOUNT NO: EFFECTIVE DATE: EXPIRATION DATE: BILL ACCOUNT SUMMARY Kimbob Inc SAP2288199, PBP2557790, WOP2161565 CL00033333 03/01/10 06123/10 PROCESS DATE DE qR PTiON 03/13110 BAP New Business 03/13/10 PBP New Business 03/13/10 WCP New Business 03/13110 Invoice due 4/3110 04/17110 BAP Chng eff 4/14110 04121/10 PBP Chng eff 4/16/10 04/21/10 PBP Chng eff 4/16/10 04/21110 WCP Chng eff 4116/10 04122/10 BAP Chng eff 4/13/10 04/26/10 Payment 05/05/10 BAP Chng eff 4/30/10 05111/10 Invoice due 611/10 06/02/10 BAP Chng elf 5126/10 06/05/10 Request Nonpay Cancel-all pies 06/19110 PBP Chng eff 4116110 06/24/10 BAP Cancellation eff 6123/10 06/24/10 PBP Cancellation eff 6123/10 06/24/10 WCP Cancellation eff 6/23/10-Subject to Audit 07/12/10 Invoice due 8/2/10 08/11/10 Invoice due 8/2/10 09110/10 Invoice due 812/10 10/11/10 Invoice due 8/2110 11/10110 Invoice ,1P 8//1jj0 _. 12/10/10 WCP Audit Processed 311110 to 6123110 - 12/10110 Invoice due 8/2/10 01/11/11 Invoice due 8/2/10 INVOICE AMOUNT AMO N $ 42,694.00 $ 50,280.00 $ 27,741.00 $ 12,074.50 $ 3.00 $ 1,087.00 $ (5,304.00) $ (922.00) $ (3,578.00) $ (27,051.00) $ (12,074,50) $ (1,557.00) $ 15,851.52 $ 3.00 $ 34.00 $ 15,848.52 $ - $ 406.00 $ (7,885.00) $ (30,012.00) $ 12,478.60 $ 3.00 $ 12,478.60 $ - $ 12,478.60 $ - $ 12,478.60 $ - $ 12,478.60 $ - $ (17,754.00) $ 16,113.50 $ - 16,113.50 $ $ 16,113.50 Total Rolicy Premium BAP Total Pplicy Premium PBP Total Pplicy Premium WCP Invoice chgs Total Paid 4 -? $ 7,322.00 S 14,448.00 $ 6,409.00 $ 9.00 $ (12,074.50) S 16,113.50 0-6/A?/2p'.?. '.?:.'.2 490-4551471 rA?,P?,__, T,_T?,A.?=A^S ^AGr 26/2= INSURED: POLICY: ACCOUNT NO: EFFECTIVE DATE: EXPIRATION DATE: BILL ACCOUNT SUMMARY Kimbob Inc SAP2224879, PBP2493167, WCP2133634 CL00020848 06/11/09 01/23/10 PROCESS INVOICE DATE- DESCRIPTION AMOUNT AMOUNT 05/12109 WCP Renewal $ 20,855.00 05/21109 BAP Renewal $ 11,046.00 05/21/09 invoice due 6/11109 $ 2,903.10 $ 3.00 05/30/09 WCP Chng eff 6111/09 $ 30.00 06110/09 BAP Chng eff 8/27108-prior term-deleted 2002 Ford PU $ (573.00) 06/10/09 BAP Chng eff 6/11/09-deleted 2002 Ford PU $ (716.00) 06/14/09 Payment $ (2,903.10) 06/16109 BAP Chng eff 6/11/09-deleted various vehicles $ (1,978.00) 06/19/09 Invoice due 7/11/09 S 2,063,70 $ 3.00 06123/09 PBP Renewal S 35,815.00 07/07109 PBP Chng eff6/11/09-amended schedule $ 9,025.00 07/21/09 Invoice due 8111/09 $ 4,988.23 $ 3.00 07127109 Payment $ (2,063.70) 08/21/09 Invoice due 9/11109 S 5,273.40 $ 3.00 08/26109 Payment $ (4,988.23) 09/13/09 Payment $ (5,273.40) 09/18/09 PBP Chng eff 8127/09-deleted various items $ (1,810.00) 09/21/09 Invoice due 10112/09 $ 12,142.66 $ 3.00 09/29109 - d d 601 $ 3,706.00 10/23/09 PBP Audit PreceSc_d fill 116&611 I log $ 2,021 00 0/23/09 WCP Audit Processed 6/11/08 to 6111/09 Sw 13.568.00 11/04/09 Payment $ 12,142.66) 11/20109 Invoice due 12/11/09 $ 31,606.70 $ 3.00 12121/09 Invoice due 12111/09 $ 15,592.00 $ 3.00 12/31/09 Payment $ (18,038.70) 01/21/10 Invoice due 2/11/10 $ 10,608,39 $ 3.00 02/04/10 Payment $ (6,784.00) 02/18/10 Invoice due 3111 /10 $ 7,052.85 $ 3.00 02118/10 Payment $ (6,784.00) 02/26110 WCP Cancel eff 1/23/10-Subject to Audit $ - 03112110 BAP Cancel eff 1123/10 $ (3,173.00) 03/121,JQ ??AE Cancel eff 1/23/10 $ (16,210 M 04/091`10 WCP Cancellation Audit 6/11109 to 1/23110 $ (9,155.00) 04/20/10 Invoice due 5111110 $ 3,503.21 $ 3.00 05/21/10 Invoice due 5/11/10 $ 3,503.21 $ - 06/21/10 Invoice due 5111/10 AgpMoomp $ 3,503.21 $ - a A5!O?/2A'.'. 7: PAGE 67/25 _. 07/21 /10 08105/10 I rnvoice due: 5/11 /10 Final Notice Sent $ ;1,503.21 $ 1_ 3,503.21 $ 3,503.21 Total Policy Premium SAP Total Policy Premium PBP Total Policy Premium WCP PaP Audit 08/09 WCP Audit 08109 BAP Chng eff 8127/08 Invoice chgs Total Paid $ 5,179.00 $ 26,820.00 $ 15,436.00 $ 2,021.00 $ 13, 568.00 $ (573.00) $ 30.00 (58,977.79) $ 3,503.21 411111jMMMMMMM? VERIFICATION I, V /ck-?C C- t} C'Clle L11 Dr -SpPC1r,'t_ (name) (title) of STATE AUTO INSURANCE COMPANIES, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. STATE AUTO INSURANCE COMPANIES By: Title: Dated: KI#38214 / CLT#111609 KIMBOB SHERIFF'S OFFICE OF CUMBERLAND COUNTY L 4' 11 7 , 1; Ronny R Anderson 'i Sheriff 4??tit3, kt ?R?+nbrr???t Jody S Smith = ° ? ] 1 I OCT -7 PM ? I ^y Chief Deputy CUMBEF%'LAjri0 C I,'i Richard W Stewart PEM4SY° ? A' 1I? Solicitor State Auto Insurance Companies Case Number vs. 2011-7451 Kimbob, Inc. SHERIFF'S RETURN OF SERVICE 09/30/2011 01:23 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 30, 2011 at 1323 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimbob, Inc. d/b/a Gemini Equipment Business Trust, by making known unto Lori Perry, Office Manager for Kimbob, Inc. at 840 Market Street, Suite 158, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $44.44 October 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ; C'. CouMYSIAe'rEi!'!?r. le i CS,^.'t. Inc l I 2Q 2 JUL 11 P? t : 20 STATE AUTO INSURAN 1 A IN THE COURT OF COMMON PLEAS laintiff CUMBERLAND COUNTY, PENNSYLV v NO. 2011-7451 KIMBOB, INC. doing business as Gemini Equipment Business Trust Defendant(s) CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s), KIMBOB, INC. doing bu mess as Gemini Equipment Business Trust, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages as follow. Amount claimed in Plaintiff's Complaint (Count I) ........................ $ 16,11 .50 Amount claimed in Plaintiff's Complaint (Count II) ....................... $ 3,50 .21 Less payments, if any ................................................. $ .00 Interest at the rate of 6% per annum from 4/1/11-7/12/12 (2.65 per diem) (Count I) $ 1,24C.20 Interest at the rate of 6% per annum from 7/11/10-7/12/12 (0.58per diem) (Count II) $ 424.56 Total ............................................................... $ 21,28 .47 I hereby certify that a written Important Notice of the intent to file this Praecipe was railed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice() is/are attached. ar"A s (S, Sopd aN C-O D?4 KODAK LAW OFFICES, P.C. ¢ o{?'Ge &1CNUA By 98y r Ro odak, Attorney for Plaintiff DATED: 1 I ?? l? a Judgment entere d 47- -ago essed as ve KODAK LAW OFFICES, P.C. CAMERON MANSION 1 elel Robert D. Kodak 407 NORTH FRONT STREET 717.238• Jeffrey L. Troutman POST OFFICE BOX 11848 Facs HARRISBURG, PA 17108-1848 717.23 June 21, 2012 1 L E, Ell C) 11 " KIMBOB INC DBA GEMINI EQUIPMENT BUSINESS TRUST C/O ROBERT E CHERNICOFF ESQ CUNNINGHAM & CHERNICOFF PC 2320 N 2"D STREET HARRISBURG PA 17110 RE: State Auto Insurance Companies VS: Kimbob, Inc. doing business as Gemini Equipment Business Trust No. 2011-7451, Court of Common Pleas, Cumberland County, PA Our File No. 38214 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are foL Office of the Prothonotary of Cumberland County, you have not filed responsive pleadin Complaint filed against you to the above term and number, nor has any attorney entered an ap on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you ( action as set forth in this Notice, we, at the expiration of time indicated therein, will request of the Prothonotary of Cumberland County to enter judgment against you in the amount as said Complaint. Very truly yours, KODAK LAW OFFICES, P.C. Raderr 2), ?o&W ROBERT D. KODAK, ESQUIRE rkodak@kodaklaw.com RDK/ akr Enclosures c AIDA HUST CAMPBELL HIGHTOWER & ADAMS 4645 S LAKESHORE DRIVE STE 11 TEMPE AZ 85282-7127 X101 in the to the not take Le Office forth in 111609 STATE AUTO INSURANCE COMPANIES, Plaintiff v KIMBOB, INC. doing business as Gemini Equipment Business Trust Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7451 CIVIL ACTION - LAW IMPORTANT NOTICE / AVISO IMPORTANTE TO/ A: KIMBOB, INC. doing business as Defendant(s) / Defendido(s) Gemini Equipment Business Trust DATE OF NOTICE / FECHA DEL AVISO: Tune 21, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE 0:)U] YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPE T) OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE I PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER' LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ....................................................................................................................................................................................................................................... USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SO ER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE' DIEZ DI DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CON SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEME TE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. E TA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONStGUIR ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 STATE AUTO INSURANCE COMPANIES, Plaintiff v KIMBOB, INC. doing business as Gemini Equipment Business Trust Defendant(s) TO/ A: KIMBOB, INC. doing business as Gemini Equipment Business Trust IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. 2011-7451 CIVIL ACTION - LAW Defendant(s) / Defendido/a, You are hereby notified that on 2012 the following Judgment has been entered against you in the above-captioned case. Por este medio se le esta notificando que el de del 2012 siguiente(Fallo) ha sido anotado en contra suya en el caso enci do a el epigrafe. Date: Fecha : on*Mf tonotario judgment entered in the amount of $ 2128147 I hereby certify that the name and address of the proper person(s) to receive this notice KIMBOB INC DBA GEMINI EQUIPMENT BUSINESS TRUST C/O ROBERT CHERNICOFF ESQUIRE 2320 N 2ND STREET HARRISBURG PA 17110 ;/as /la Attorney for Plaintiff Abogado del Demandante x.712 AUK '2 PM ?: 2K STATE AUTO INSURANCE APGI3 1 si ' AIN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYL ANIA Plaintiff, v. No. 2011-7451 Civil Term KIMBOB, INC., doing business as : Gemini Equipment Business Trust CIVIL ACTION - LAW Defendant(s) ANSWER TO COMPLAINT WITH NEW MATTER TO: Jeffrey L. Troutman, Esquire Robert D Kodak, Esquire Kodak Law Offices, P.C. 407 N Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 NOW COMES, Robert M. Mumma, II and responds to the Complaint in this matter, filed by State Auto Insurance Companies through its attorneys, including New Matter as follows: 1. Admitted. 2. Denied. Entity filings for Kimbob and Gemini are shown at Exhibits A to the Complaint. 3. Denied. See Answer No. 2. COUNTI 4. No response. 5. Admitted that State Auto provided insurance in a joint policy to Kimbob and Gemini. 6. Denied. The prices charged in this Complaint are not the prices agreed upon or for the items insured under the policy. These reputed additional charges are disputed and inappropriate. The Defendants have never agreed to pay the audited premiums. 7. Denied. The balance is not due and owing. 8. Denied. Plaintiff has charged inappropriate rates and for items that should not have been included. 9. Admitted that the documentation is not attached. Defendants demand to be provided with specific documentation to answer this allegation. 10. Defendants have repeatedly refused to pay because they were over billed and payments previously made were misapplied by Plaintiff to Defendant's account. COUNT II 11. No response. 12. See Answer No. 5. 13. See Answer No. 6. 14. See Answer No. 7. 15. See Answer No. 7. 16. See Answer No. 9. 17. See Answer No. 10. 2 NEW MATTER Defendant, Gemini Equipment Business Trust, a party to this joint policy is presently in Bankruptcy in the Middle District of Pennsylvania (Case No. 05-03489) ar Plaintiffs are aware of the Bankruptcy proceedings. Plaintiffs should be precluded fro proceeding due to the automatic stay. Dated: August 2, 2012 Zspectfully Submitted, cz-t Robert M. Mumma, II Box F Grantham, PA 17027 (717) 448-1127 PRO SE EE'S l DST fj - cc- e!?- ell /tit t ?u iu/ VERIFICATION I, Robert Mumma, II, hereby verify that the statements of fact contained in tlhe attached document are true and correct to the best of my knowledge, information a belief. I understand that this Verification is made pursuant to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Robert M. Mumma, 11 CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of August, 2012, a copy of the foregoing Answers to Complaint and New Matter was served upon the person(s), at the address and in the manner indicated below: SERVICE VIA UNITED STATES MAIL FIRST CLASS POSTAGE PREPAID TO: Jeffrey L. Troutman, Esquire Robert D Kodak, Esquire Kodak Law Offices, P.C. 407 N Front Street, P.O. Box 11848 Harrisburg, Pa 17108-1848 iab- X4 -, j l1 Robert M. Mumma, 11 0TH01-NOTAi 'f 2312 AUG -9 AM 11: 41 CUMBERLAND COUNTY PENNSYLVANIA KODAK LAW OFFICES, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff STATE AUTO INSURANCE COMPANIES Plaintiff v IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA NO. 2011-7451 KIMBOB, INC. dba Gemini Equipment Business Trust ' CIVIL ACTION - LAW Defendant(s) Plaintiff's Reply to Defendant's New Matter The Plaintiff, STATE AUTO INSURANCE COMPANIES, by its attorneys, KODAK LAW OFFICES, P.C., files its Reply to Defendant's New Matter and in support thereof states as follows: Plaintiff incorporates by reference the averments contained in Paragraphs 1 through 17 of Plaintiff's Complaint, the same as if fully set forth at length herein. Admitted in part and denied in part. It is admitted that Gemini Equipment Business Trust is currently the debtor in the Middle District of Pennsylvania bankruptcy case No. 05-03489. Any implication that Kimbob, Inc. is in bankruptcy is denied in that Kimbob, Inc. F:\USER\ROBIN\MISC\REPLY TO NM CC etc\38214 reply to rim.wpd has not filed bankruptcy. The averment that Plaintiff should be precluded from proceeding due to the automatic stay is denied as a conclusion of law to which no response is required. By way of further Answer, the debt that is the subject of Plaintiff's Complaint was incurred after the bankruptcy filing by Gemini Equipment Business Trust. Therefore, the debt is post-petition debt and is enforceable in state court proceedings. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor, and against Defendant, for the amount prayed for in Plaintiff's Complaint. Respectfully submitted, KODAK LAW OFFICES, P.C. J L. TROUTMAN, ESQUIRE #53984 for Robert D. Kodak, Esquire #18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff F:\ USER\ ROBIN\ MISC\ REPLY TO NM CC etc\38214 reply to nm.wpd VERIFICATION I, JEFFREY L. TROUTMAN, state that I am not a party to the action but that, at the request of the Plaintiff, and based upon knowledge, information, records and documents supplied to me by the Plaintiff, the averments set forth in Plaintiff's Complaint are true. A Verification executed by the Plaintiff will be supplied as soon as it becomes available. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: F ( //? CERTIFICATE OF SERVICE I, Robin Z. Shahan, Secretary for ROBERT D. KODAK, ESQUIRE and JEFFREY L. TROUTMAN, ESQUIRE, hereby certify that on l ?a true and correct copy of the Plaintiff's Reply to Defendant(s) New Matter, in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail, deposited at Harrisburg, Pennsylvania, addressed as follows: KIMBOB INC dba GEMINI EQUIPMENT BUSINESS TRUST PO BOX F GRANTHAM PA 17027 KODAK LAW OFFICES, P.C. Robin Z. Shaha cretary for Robert D. Kodak, Esquire State Auto Insurance Companies In the Court of Common Pleas of Cumberland Plaintiff Kimbob, Inc., d/b/a Gemini Equipment Business Trust County, Pennsylvania No. 11 -7451 Defendant Civil Action—Law. Oath We 1�n solemnly swear(or affirm)that we will support, obey and defend the Constitution of the Unite ates t n Commonwealth a that we will discharge the duties ur9ffY.-_e-wit ide.KE nstitut n I s tj Z7 Wi. ature nature iganature Z& W Delano A Lantz James DeCinti Richard D. Koch Name(Chairman) Name Name Delano M. Lantz & Associates Pion Johnston Law Firm Law Firm Law Firm 4 North Hanover Street 355 North 21st St., Suite 102 Six Clouser Road Address Address Address Carlisle 17013 Camp Hill 17011 Mechanicsburg 17055 City, Zip City, Zip City, Zip Award We,the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) va4s 'Th �A-VV r F/A 14-1 a,,/ * 3,�V3-�Al Arbitrator, dissents. (Insert name if applicable.) Date of He Date of Award: (Chairman) Notice of Entry of Award Now,the day of , 20�_, at M.,the above award was entered upon:the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ JV/IL- 906 By: ,000e Prothonotary Deputy jr7 16 All lj � "UMBERLAND Ctj;!.J� PENNsYLVAt IN RE: IN THE COURT OF COMMON PLEAS STATE AUTO INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANIES, Plaintiff, No. 11-7451 Civil Action - Law , VS. c-s ; KIMBOB INC. d/b/a ter'' " J GEMINI EQUIPMENT BUSINESS " -; -� oo - r� TRUST, i-- Defendant =C:;, v t PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of Darrell C. Dethlefs, Esquire on behalf of Kimbob, Inc. d/b/a Gemini Equipment Business Trust in the above captioned matter. Respectf 1 submitted, Darrel . Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Date: May 8, 2013 IN RE: IN THE COURT OF COMMON PLEAS STATE AUTO INSURANCE CUMBERLAND COUNTY,, PENNSYLVANIA COMPANIES, Plaintiff, No. 11-7451 Civil Action - Law VS. KIMBOB, INC. d/b/a GEMINI EQUIPMENT BUSINESS TRUST, Defendant CERTIFICATE OF SERVICE I hereby certify that I am more than 18 years of age, and that on May 8, 2013, a copy of the foregoing Praecipe to Enter Appearance was filed with the Cumberland County of Common Pleas, and served upon the following using United States Postal Service, First Class Mail; Robert D.Kodak,Esquire Robert M. Mumma 11, President Jeffrey L Troutman,Esquire Kimbob, Inc. d/b/a 407 N. Front Street Gemini Equipment Business Trust P.O. Box 11848 Box F Harrisburg, PA 17108-1848 Grantham, PA 17027 Respectful s bmitted, Respectful — Darrell #_. ethlefs, Esquire Dethlefs-Pykosb Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Date: May 8, 2013 IN RE: IN THE COURT OF COMMON PLEAS STATE AUTO INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANIES, Plaintiff No. 11-7451 Civil Action - Law vs. - rrt, KIMBOB, INC. d/b/a x_;u GEMINI EQUIPMENT BUSINESS ,r- 'CO ' TRUST, f -� Defendant �. NOTICE OF APPEAL 4 FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Kimbob, Inc. d/b/a Gemini Equipment Business Trust appeals from the award of the board of arbitrators entered in this case on April 16, 2013. (A copy of the Award is attached). G 'ri A jury trial is waived. m W w I hereby certify that the compensation of the arbitrators has been paid. °o ca° z` Respectfully u fitted, , iz -< Darrell ' . Dethlefs Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Y c���`2 State Auto Insurance Companies In the Court of Common Pleas of Cumberland Plaintiff Kimbob, Inc., d/b/a Gemini Equipment Business Trust County, Pennsylvania No. 11 _7451 Defendant Civil Action-Law. Oath We do-'solemnly swear(or affirm) that we will support, obey and defend the Constitution of the Unite sates thnstitution tl 's Commonwealth a� that we will discharge the duties ur of e witl ide.it, . Signature J -� S'r " at.L e g �S nature Delano M. Lantz James DeCinti Richard D. Koch Name (Chairman) Name Name Delano M. Lantz & Associates Pion Johnston Law Firm Law Firm Law Firm 4 North Hanover Street 355 North 21st St., Suite 102 Six Clouser Road Address Address Address Carlisle 17013 Camp Hill 17011 Mechanicsburg 17055 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: f (Note: If damages for delay are awarded, they shall be separately stated.) 'T7 �V"; ��lGi%Yi7'T` `1iy d l d�j f �L>> �+���) i`� F C (l''z�J '. �6��=1� ��Ie"L- y Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: ���`� �G ��/3 Date of Award: �f �G, ��� -� (Chairman) Notice of Entry of Award Now,the me day of � 20 at I_ _ _ �- .1�4* the above award was entered upon the docket andpotice thereof given by mail to the pgrties or their attornevs. Arbitrators' compensation to be paid upon appeal: S TRUE COPY FROM RECORD _' y hAnd--' P1'GthonoLary and the sea of said CnJn ai Carlisle, P>alt uty This��av of 1, ► Prothonotary IN RE: IN THE COURT OF COMMON PLEAS STATE AUTO INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA COMPANIES, Plaintiff, No. 11-7451 Civil Action - Law VS. KIMBOB, INC. d/b/a GEMINI EQUIPMENT BUSINESS TRUST, Defendant CERTIFICATE OF SERVICE I hereby certify that I am more than 18 years of age, and that on May 8, 2013, a copy of the foregoing Notice of Appeal was filed with the Cumberland County of Common Pleas, and served upon the following using United States Postal Service, First Class Mail; Robert D.Kodak,Esquire Robert M. Mumma II, President Jeffrey L. Troutman, Esquire Kimbob, Inc. d/b/a 407 N. Front Street Gemini Equipment 13usiness Trust P.O. Box 11848 Box F Harrisburg, PA 17108-1848 Grantham, PA 17027 Respectful submitted, Darrell . ethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Date: May 8, 2013 :2 t301. 21 110: 1,,. Darrel C.Dethlefs,Esquire ID#58805 (�i 41tri f GU; ,.� Y Group, PENNSYLVANIA Dethlefs- Pykosh Law Grou , LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com STATE AUTO INSURANCE IN THE COURT OF COMMON PLEAS COMPANIES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. KIMBOB, INC. d/b/a No. 2011-7451 GEMINI EQUIPMENT BUSINESS TRUST, Defendant(s) : CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, comes the Petitioner, Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, counsel for the Defendant, Kimbob Inc. d/b/a Gemini Equipment Trust, and hereby files the within Petition for Leave to Withdraw Appearance, and in support thereof avers as follows: 1. On August 29, 2011, State Auto Insurance Companies, (hereinafter"Plaintiff'), brought a civil suit against Kimbob, Inc. d/b/a Gemini Equipment Business Trust (hereinafter "Defendant"). 2. Plaintiff brought an action in Assumpsit against the Defendant to recover the sum of $19,616.17 along with interest. 3. On or about July 17, 2012 a default judgment was entered against the Defendant by the Court of Common Pleas of Cumberland County Prothonotary's office. 4. Following the default judgment, Robert M. Mumma, II, president of Kimbob, Inc represented Defendant in the above-captioned action. 5. On or about May 8, 2013, Defendant retained Darrell C. Dethlefs, Esq. and Dethlefs- Pykosh Law Group, LLC, as counsel, on an hourly basis to perform legal work in relation to the above-captioned action. Said work was performed at 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 6. On May 8, 2013, undersigned counsel filed a Notice of Appeal on Defendant's behalf. 7. The undersigned counsel has contacted Defendant regarding the payment of legal fees currently owed. 8. Defendant has made promises to make payment which payment has not been made. 9. Defendant currently has an outstanding balance of$997.50. 10. Pursuant to the Rule of Professional Conduct 1.16(b), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or, (7) other good cause for withdrawal exists. 11. Pursuant to Rules of Professional Conduct 1.16(b)(5) and (6), the representation has resulted in an unreasonable financial burden by the client's failure to fulfill an obligation to the lawyer regarding the lawyer's services (in excess of$997.50). 12. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3)requiring mandatory withdrawal pursuant to Rules of Professional Conduct 1.16(a)(1), (5), (6) and (7) 12. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3) requiring mandatory withdrawal pursuant to Rules of Professional Conduct 1.16(a)(1), (5), (6) and (7) allowing permissive withdrawal, and for all the reasons set forth herein, the undersigned counsel cannot continue to represent the above-captioned Defendant in this action. 13. Withdrawal by undersigned counsel will not further delay this matter insofar as a timely appeal was filed on behalf of Defendant. 14. As reflected by the attached Certificate of Service, a copy of the foregoing Petition has been served upon all counsel of record and all parties. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court grant the within Petition and enter an Order granting leave to withdraw entry of appearance for the Defendant, Kimbob, Inc, and to grant any other or further relief which the Court deems just and equitable. Respectfully' submitted, Date: 1U-1 DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs, Esquire Attorney ID #58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs @aol.com Petitioner Darrel C. Dethlefs, Esquire ID#58805 Dethlefs- Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com STATE AUTO INSURANCE IN THE COURT OF COMMON PLEAS COMPANIES, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. KIMBOB, INC. d/b/a No. 2011-7451 GEMINI EQUIPMENT • BUSINESS TRUST, Defendant(s) : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Leave to Withdraw Appearance was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Robert D. Kodak, Esquire Robert M. Mumma, II, President Jeffrey L. Troutman, Esquire Kimbob, Inc. d/b/a 407 N. Front Street Gemini Equipment Business Trust P.O. Box 11848 Box F Harrisburg, PA 17108-1848 Grantham, PA 17027 Respect j _ 1j -d, Date: DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs, Esquire Attorney ID #58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs @aol.com STATE AUTO INSURANCE •▪ IN THE COURT OF COMMON PLEAS OF COMPANIES, •▪ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—LAW KIMBOB, INC., d/b/a • GEMINI EQUIPMENT • BUSINESS TRUST, • Defendant •▪ NO. 11-7451 CIVIL TERM IN RE: PETITION FOR LEAVE TO WITHDRAW APPEARANCE ORDER OF COURT AND NOW, this 28th day of October, 2013, upon consideration of the Petition for Leave To Withdraw Appearance, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ' r Christyle L. Peck, J. v4obert D. Kodak, Esq. Jeffrey L. Troutman, Esq. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 - / �` F r- Attorney for Plaintiff cnr >a ,/barrel C. Dethlefs, Esq. � 2132 Market Street s: F� Camp Hill, PA 17011 Attorney for Defendant I v1 obert M. Mumma, II President Kimbob, Inc. d/b/a Gemini Equipment Business Trust Box F Grantham, PA 17027 Defendant :rc t4( r tE (1 1r Darrell C. Dethlefs, Esquire Attorney I.D. #58805 CUMBERLAND COUNTY Dethlefs-Pykosh Law Group, LLC PENNSYLVANIA 2132 Market Street Camp Hill, PA 17011 Telephone—(717) 975-9446 Fax—(717) 975-2309 Ddethlefs(ajaol.com STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANIES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—LAW KIMBOB, INC., d/b/a GEMINI EQUIPMENT BUSINESS TRUST, : Defendant : NO. 11-7451 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Dethlefs-Pykosh Law Group, LLC,by Darrell C. Dethlefs, Esquire, counsel for the Defendant, Kimbob, Inc., d/b/a Gemini Equipment Trust, and hereby files the within Motion to Make Rule Absolute, and in support therof avers as follows: 1. On October 21, 2013, Petitioner, Darrell C. Dethlefs, Esquire and Dethlefs-Pykosh Law Group, LLC, filed a Petition for Leave to Withdraw Appearance. 2. On October 28, 2013, this Honorable Court, by the Honorable Judge Christylee L. Peck, signed an Order issuing a Rule to Show Cause upon Plaintiff and Defendant to show cause why the relief requested in Petitioner's, Darrell C. Dethlefs', Petition for Leave to Withdraw Appearance should not be granted. 3. Said Rule was returnable by filing an Answer in the form of a written response at the Office of the Prothonotary in and for this Honorable Court within twenty (20) days of service. 4. No response to the rule has been filed by the Plaintiff or the Defendant. 5. It has been more than 20 days since the Rule was issued. WHEREFORE, Petitioner respectfully requests this Honorable Court make the Rule Absolute and grant Petitioner's Petition for Leave to Withdraw Appearance. Respectfully submitted, / )01 ( I I Date: Darrell . Dethlefs, Esquire Attorney I.D. #58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Telephone—(717) 975-9446 Fax—(717) 975-2309 Ddethlefsaol.com Darrell C. Dethlefs, Esquire Attorney I.D. #58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Telephone—(717) 975-9446 Fax—(717) 975-2309 Ddethlefs @aol.coin STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANIES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : CIVIL ACTION—LAW KIMBOB, INC., d/b/a GEMINI EQUIPMENT • BUSINESS TRUST, • Defendant : NO. 11-7451 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Make Rule Absolute was served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Robert D. Kodak, Esquire Robert M. Mumma, II, President Jeffrey L. Troutman, Esquire Kimbob, Inc., d/b/a 407 N. Front Street Gemini Equipment Business trust P.O. Box 11848 Box F Harrisburg, PA 17108-1848 Grantham, PA 17027 Respectfully ii itted, Date: /)� G� � 1 Darrell C. r'Iefs, Esquire DETHLEFS-PYKOSH LAW GROUP, LLC Attorney I.D. #58805 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Ddethlefs @aol.com STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANIES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—LAW • KIMBOB, INC., d/b/a • GEMINI EQUIPMENT • BUSINESS TRUST, Defendant : NO. 11-7451 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 26th day of February, 2013, upon consideration of the Petition for Leave To Withdraw Appearance, and no response having been filed thereto, and upon further consideration of the Motion To Make Rule Absolute, the Petition for Leave To Withdraw Appearance is granted. Defendant is hereby ordered to retain counsel within 30 days of the date of this Order. BY THE COURT, Christy ee L. Peck, J. ob D. Kodak, Esq. q Jeffrey L. Troutman, Esq. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff M rn rri TY C/) N Darrel C. Dethlefs, Esq. < '`' --' '.: 2132 Market Street nc -a • Camp Hill, PA 17011 ry t Attorney for Defendant -_ �:. =_ ./Robert M. Mumma, II President Kimbob, Inc. d/b/a Gemini Equipment Business Trust Box F Grantham, PA 17027 Defendant •rc t eS / 'Za4 l!L Z/2.?/'Y ="yr) ABRAHAM LAW OFFICES, LLC 45 East Main Street, Hummelstown, PA 17036 717-566-9380;abelaw@comcast.net; Fax 566-9385 Attorney for Defendant, Kimbob, Inc. d/b/a Gemini Equipment Business Trust STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 11 - 7451 KIMBOB, INC. d/b/a/ GEMINI EQUIPMENT BUSINESS TRUST Defendant : CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE Please enter the appearance of James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, as attorney for Defendant, KIMBOB, INC, d/b/a Gemini Equipment Business Trust, in the above-captioned action. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Hummelstown, PA 17036 717-566-9380 Attorney for Defendant, KIMBOB, INC., d/b/a Gemini Equipment Business Trust DATE: 3/21/14 CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following person(s) at the following address on the date stated below: Robert D. Kodak, Esq. Jeffrey L. Troutman, Esq. 407 North Front St. PO Box 11848 Harrisburg PA 17108 DATE: 3/21/14 James W. Abraham, Esquire ABRAHAM LAW OFFICES, LLC ‘45 East Main Street, Hummelstown, PA 17036 717-566-9380;abelaw@comcast.net; Fax 566-9385 Attorney for Defendant, Kimbob, Inc. d/b/a Gemini Equipment Business Trust STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 11 - 7451 c-) KIMBOB, INC. d/b/a/ GEMINI : CIVIL ACTION - LAW EQUIPMENT BUSINESS cn TRUST -<> cp r - Defendant :17> MOTION TO WITHDRAW AS COUNSEL AND NOW, comes James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, counsel of record for Defendant, Kimbob, Inc. d/b/a Gemini Equipment Business Trust, and files the following: 1. On or about March 19, 2014, Robert M. Mumma, II, the principal and sole officer/owner of Defendant, Kimbob, Inc. d/b/a Gemini Equipment Business Trust (hereinafter "Mumma") retained James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania (hereinafter "Counsel") for legal representation in the above -captioned action. 2. On March 21, 2014, Counsel filed a Praecipe to Enter Appearance as counsel for Mumma. 3. After Counsel filed the Entry of Appearance, Counsel and Mumma met to discuss the action herein, and other matters, on or about April 30, 2014, at which time Counsel and Mumma incurred a complete breakdown in communication and irreparable disagreement as to this action, and at which time, Mumma left Counsel's office and indicated and/or stated as he was leaving, that he would no longer be using Counsel as his attorney for this action. 4. Since the April 30, 2014 meeting, Mumma has not contacted Counsel in regard to this action and there have been no discussions or authorization by Mumma for Counsel to proceed with representation in the case. 5. Counsel submits that Mumma has no intention of maintaining Counsel as his attorney for this action and Counsel and Mumma are unable to reach any agreement on any aspect of this case and are at a total impasse. 6. Counsel has contacted the attorney for Plaintiff, Robert D. Kodak, Esquire, and Attorney Kodak has advised that there is no objection by Plaintiff to Counsel's Motion for Withdrawal as Counsel for Mumma. 7. Counsel submits that there is no prejudice to Mumma if Counsel's Motion is granted as Mumma has had more than sufficient time and opportunity to secure another attorney for representation in this action. WHEREFORE, Counsel respectfully requests Your Honorable Court to grant Counsel's Motion To Withdraw As Counsel and order that James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, is no longer attorney of record for Defendant, Kimbob, Inc., d/b/a Gemini Equipment Business Trust, in the above -captioned action and is excused from any and all court appearances in this action. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Hummelstown, PA 17036 717-566-9380 DATE: 7/30/14 CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class and/or certified mail to the following persons at the following addresses: Robert D. Kodak, Esquire 407 North Front Street PO Box 11848 Harrisburg PA 17108 (regular mail and email) Robert M. Mumma II Box F Grantham PA 17027 (certified mail) DATE: 7/30/14 James W. Abraham, Esquire s STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 11 - 7451 KIMBOB, INC. d/b/a/ GEMINI EQUIPMENT BUSINESS TRUST Defendant : CIVIL ACTION - LAW RULE may..- Y w if .l--• AND NOW, this 41U day of saQGnus , 2014, a Rule is hereby issued upon Defendant, Kimbob, Inc. d/b/a/ Gemini Equipment Business Trust, to show cause as to why the relief requested in the Motion To Withdraw As Counsel, filed herein, should not be granted. /� This Rule is returnable within (20 days upon service of the aforesaid Motion upon Defendant. BY THE COURT: 4c/C, Chri lee L. Peck, Judge c: ert M. Mumma, II, Box F, Grantham, PA Sobert D. Kodak, Esq., PO Box 11848, Harrisburg PA 17108 —James W. Abraham, Esquire, 45 E. Main St., Hummelstown, PA 17036. 1eai Pb4 ILL ttAy • ABRAHAM LAW OFFICES, LLC 45 East Main Street, Hummelstown, PA 17036 717-566-9380;abelaw@comcast.net; Fax 566-9385 Attorney for Defendant, Kimbob, Inc. d/b/a Gemini. Equipment Business Trust STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA c Plaintiff rn cn r-- KIMBOB, INC. d/b/a/ GEMINI : CIVIL ACTION - LAW �c EQUIPMENT BUSINESS TRUST i> v. :NO. 11 -7451 Defendant -mac; MOTION TO MAKE RULE ABSOLUTE AND NOW, comes James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, counsel of record for Defendant, Kimbob, Inc. d/b/a Gemini Equipment Business Trust, and files the following: 1. On July 30, 2014, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania (hereinafter "Counsel") filed a Motion To Withdraw as Counsel (hereinafter "Motion") as to Defendant, Kimbob, Inc. d/b/a/ Gemini Equipment Business Trust, which company's principal and sole officer/owner is Robert M. Mumma, II (hereinafter "Mumma"). 2. On August 4, 2014, a Rule to show cause was issued by the Court as to why the Motion should not be granted, which Rule was returnable within twenty (20) days from service upon Mumma, and said Rule was mailed to Mumma on August 4, 2014 by the Court, as indicated by the Prothonotary and/or Court Administrator's Office's notes of "Copies Mailed", on said Rule. A true and correct copy of the Court's Rule, as well as the Rule with the aforesaid notes, are attached hereto as Exhibit "A". 3. Additionally, Counsel served Mumma with the Motion by certified mail and the Rule by certified mail, which Motion was received by Mumma on July 31, 2014 and the Rule was received by Mumma on August 18, 2014. A true and correct copy of the Post Office certified mail return receipt cards confirming receipt of the Motion and Rule by Mumma are attached hereto as Exhibit "B". 4. More than twenty (20) days has passed since the August 4, 2014 mailing of the Rule to Mumma by the Court, and as of September 8, 2014, twenty (20) days has passed since the receipt and service of the Rule upon Mumma by certified mail on August 18, 2014, and Mumma has not filed a response to the Motion. 5. Counsel respectfully submits that Mumma has had more than sufficient time to respond to and/or answer the Motion, and now has failed to respond to and/or answer the Motion within the time allocated and ordered by the Court pursuant to the Rule, and Mumma has had more than sufficient time to retain other counsel and has failed to do so. WHEREFORE, Counsel respectfully requests Your Honorable Court to grant Counsel's Motion To Withdraw as counsel for Defendant in this action and be excused from any and all court appearances and proceedings in this action. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Hummelstown, PA 17036 717-566-9380 DATE: 9/9/14 STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 11 - 7451 KIMBOB, INC. d/b/a/ GEMINI EQUIPMENT BUSINESS TRUST Defendant : CIVIL ACTION - LAW RI -4" rn cc' Zt' (flr- -4 < Z C") 1,0 CD AND NOW, this .94 day of kct.451--- , 2014, a Rule is hereby issued upon Defendant, Kimbob, Inc. d/b/a/ Gemini Equipment Business Trust, to show cause as to why the relief requested in the Motion To Withdraw As Counsel, filed herein, should not be granted. This Rule is returnable within 020 days upon service of the aforesaid Motion upon Defendant. BY THE COURT: c: Robert M. Mumma, II, Box F, Grantham, PA 17027 Robert D. Kodak, Esq., PO Box 11848, Harrisburg PA 17108 James W. Abraham, Esquire, 45 E. Main St., Hummelstown, PA 17036. p STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. n c c : NO. 11- 7451 -12Z1-- --f rnW -. -,F • zrn c � KIMBOB, INC. d/b/a/ GEMINI : CIVIL ACTION - LAW ut 1 n m EQUIPMENT BUSINESS TRUST -c cis na. = -,, z Q =-, Dc _ �^ -< .s- :r-- �` Defendant RULE AND NOW, this `%U day of alL , 2014, a Rule is hereby issued upon Defendant, Kimbob, Inc. d/b/a/ Gemini Equipment Business Trust, to show cause as to why the relief requested in the Motion To Withdraw As Counsel, filed herein, should not be granted. This Rule is returnable within (2 0 days upon service of the aforesaid Motion upon Defendant. BY THE COURT: Chri lee L. Peck, Judge c: ert M. Mumma, II, Box F, Grantham, PA 17027 �Drt D. Kodak, Esq., PO Box 11848, Harrisburg PA 17108 games W. Abraham, Esqu� e,,5 E. Main St., Hummelstown, PA 17036. • P2.41• IES s J `COMPLETE; THIS SECTION;ON;DELIVERY;: Comple e Items 1, 2, and 3. Also complete item 4 if Restricted -Delivery is desired. • ■ Print your name and address on the reverse so that we can retum the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r h4 k to00- a- a X r b (Printed Name) r ,fie '`) T)1 vv D. Is delivery address different from item If YES, enter delivery address below: 0 No 2 3. Se ce Type edified Mall° 0 Priority Mall Express'" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? {Extra Fee) ' 0 Yes _2 Arilds N,arr.l _ 7014 1200 0002 211? 1425 PS Form 3811, July 2013 Domestic Return Receipt SENDER •eOMPLFTE 7NIS SECTION; • Complete items f, rand 3. Also complete item 4 if Restricted°Delivery is.desired. • Print your name•and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4/3 el{ -r- . /✓iv ktnrfn.a. 12 C 6- ,rt,s4 Vt'r►¢ A LK.... (4 / )62.7 COMPLETE,THIS SECTION•OND'ELIVERY D Agent 0 Addressee ' D. Is delivery address different from Rem If YES, enter delivery address below: No 3. Service Type Registered 0 Insured Mail 0 Priority Mall Express D Retum Receipt for Merchandise ' 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 7014 1200 0002 2117 1432 PS Form 3811, July 2013 Domestic Retum Receipt �VLI✓ CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail to the following persons at the following addresses: Robert D. Kodak, Esquire 407 North Front Street PO Box 11848 Harrisburg PA 17108 Robert M. Mumma II Box F Grantham PA 17027 DATE: 9/9/14 James W. Abraham, Esquire STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS COMPANIES : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 11 - 7451 mW KIMBOB, INC. d/b/a/ GEMINI : CIVIL ACTION - LAW .rT; EQUIPMENT BUSINESS, TRUST r— Defendant > c r r"} Y ,27. �.A ORDER Fri AND NOW, this /a tZ day of k , 2014, in consideration of the Motion To Withdraw As Counsel and Motion To Make Rule Absolute, as filed herein, it is hereby ordered that said Motions are granted and that Defendant's Counsel of Record, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, is no longer counsel and/or counsel of record for Defendant, and said Counsel is hereby excused from any and all court appearances and/or proceedings as to Defendant and/or the above -captioned action. 2) i / 3 'r - A 54itiyt Ce e ,1/t .76) aar BY THE COURT: Christylee . Peck, Judge c:ert M. Mumma, II, Box F, Grantham, PA 17027 ert D. Kodak, Esq., PO Box 11848, Harrisburg PA 17108 James W. Abraham, Esquire, 45 E. Main St., Hummelstown, PA otufts.41. 9 izPy m elq PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE {entire caption must be stated in fulls STATE AUTO INSURANCE COMPANIES (Plaintiff) vs. KIMBOB, INC. doing business as Gemini Equipment Business Trust p (Defendant) vs. (check one) ri Civil Action — Law n Appeal from arbitration (other) Indicate the attorney who will try case for the party who files this praecipe: Jeffrey L. Troutman, Esquire, Kodak Law Offices, P.C. Indicate trial counsel for other parties if known: No attorney has entered an appearance on behalf of Defendant since Defendant's most recent counsel was granted leave to withdraw as counsel per Order of Judge Peck dated September 12, 2014. This case is ready for trial. Date: November 14, 2014 Signed: Print Na Jeffrey L. Troutman Attorney for: Plaintiff amk s 9q -pid ai4t- Da- 30155 12-431 UPI5 CERTIFICATE OF SERVICE I, Robin Z. Forry, Secretary for Robert D. Kodak, Esquire and Jeffrey L. Troutman, Esquire , hereby certify that on , a true and correct copy of the Praecipe for Listing Case for Non -Jury Trial , in the above -captioned matter was served upon the Defendant (or Defendant's counsel), via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: KIMBOB INC PO BOX 5 CAMP HILL PA 17001 KODAK LAW OFFICES, P.C. Robin Z. Forry, S retary to Robert D. Kodak, Esquire and Jeffrey L. Troutman, Esquire STATE AUTO INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANIES, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — LAW KIMBOB, INC., d/b/a GEMINI EQUIPMENT BUSINESS TRUST, Defendant : NO. 11-7451 CIVIL TERM IN RE: NONJURY TRIAL AND NOW, this 26th day of November, 2014, a pretrial conference in this case is scheduled for Monday, March 9, 2015, at 3:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by each party in accordance with the local Cumberland County Rules of Procedure 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in this case is scheduled for Friday, April 10, 2015, at 9:30 am., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Jeffrey L. Troutman, Esq. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Kimbob, Inc. P.O. Box 5 Camp Hill, PA 17011 Defendant Court Administrator :rc L4d cte-&87'i //-5'j,-/94-c-) depes ma/e./ i ye/4