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HomeMy WebLinkAbout12-1924THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, PA 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordir(2subrolaw.us Firm File No.N12-0024 I r i ._r.y;., _. i L-i C' FL r? 2Gl ,21 ?°Z 2G FI1 1: 23 1, 7 "IAND COUNTY J 4' 1, P EE 11? SY 7,ANI IA Attorney for Plaintiff, Nationwide Amity Insurance Company of'America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA One W. Nationwide Blvd. Columbus, OH 43215 Plaintiff, vs. BENUEL K. KING 3430 Big Spring Road Blain, PA. 17006 and, MICHELLE MANCE 120 S. Carlisle Street Newbloomfield, PA 17068 Defendants. CIVIL ACTION-LAW I Vi I C.A.No. o7pla??9o?4 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notification. Hace faits asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma sus defensas o sus objections a las demandas en contra de su persona. Ses avisado que si usted no se defrende la torte tomara modidas ypuede continuar ila demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .mkaio375pd G TH a_)?R 4)s? THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, PA 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjr(- ,subrolaw.us Firm File No.N12-0024 Attorney for Plaintiff, Nationwide Affinity Insurance Company of America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA One W. Nationwide Blvd. Columbus, OH 43215 Plaintiff, vs. BENUEL K. KING 3430 Big Spring Road Blain, PA 17006 and, MICHELLE MANCE 120 S. Carlisle Street Newbloomfield, PA 17068 CIVIL ACTION-LAW C.A. No. Defendants. COMPLAINT Plaintiff Nationwide Affinity Insurance Company of America ("Nationwide") by and through its undersigned attorney, hereby alleges and states as follows: The Parties 1. Plaintiff Nationwide is an Ohio insurance company with a principal place of business at the above address. Nationwide is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Michelle Mance ("Mance" or "Owner") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. On information and belief, defendant Benuel K. King ("King" or "Operator") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Allegations Common To All Counts 4. On or about May 17, 2010, Nationwide had in effect a valid contract of automobile insurance with Evelyn Craig (the "policyholder"), providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by that policyholder. That automobile insurance police also provided uninsured motorist bodily injury protection in the event of injury to the policyholder. In this action, the nature of the relationship between Nationwide and the policyholder is that of insurance carrier subrogee to insured subrogor. The policyholder is not a party to this lawsuit. 2 5. On the aforesaid date, the Nationwide policyholder, hereafter referred to as the "insured," was involved in a collision with a uninsured motor vehicle owned by defendant Mance and operated by defendant King in his capacity as agent, servant, workman, or employee of defendant owner, hereafter referred to as the "defendant vehicle". 6. At the time of the incident, the insured was crossing the pedestrian crosswalk at the intersection of N College Road and West 10th Street in Carlisle, Cumberland County, Pennsylvania. The defendant vehicle carelessly struck the insured, causing injuries. 7. The operator of the defendant vehicle was negligent and careless and the proximate cause of this incident in that the operator: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; d. in addition to traditional negligence as alleged above, the operator of the defendant is negligent per se for violating the above referenced statutes and for breaching the duties of care which are reflected within those statutes; 3 8. Pursuant to the aforesaid policy of insurance, Nationwide became liable for damages that arose out of this accident. As a result of that liability, Nationwide indemnified its policyholder and made payments to or on behalf of its policyholder. 9. Due to this incident, Nationwide incurred economic damages in the form of property damage benefits, medical expenses, personal injury protection benefits, and uninsured and/or underinsured motorist bodily injury benefits paid to or on behalf of the policyholder in the amount of $50,000.00. 10. Pursuant to the principles of equity, the common law, certain statutory provisions, and the contract of insurance Nationwide is subrogated for all money paid and seeks recovery of all sums paid totaling $50,000.00. WHEREFORE, Plaintiff demands judgment for $50,000.00, in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI (Nationwide vs. defendant Operator) 11. Nationwide repeats and realleges all of the foregoing paragraphs, as well as all of the following paragraphs, as if set forth at length within this Count. 12. Defendant Operator is liable as the negligent driver. 13. Defendant Operator is liable per se for allowing the defendant vehicle to be operated on the roadway without maintaining the required liability insurance. Defendant Operator's actions in this regard constitute an ultra vires act; had defendant Operator abided by 4 the financial responsibility laws and refrained from operating the defendant vehicle on this occasion, the collision would not have occurred. WHEREFORE, Plaintiff demands judgment for $50,000.00, in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT II (Nationwide vs. defendant Owner) 14. Nationwide repeats and realleges all of the foregoing paragraphs, as well as all of the following paragraphs, as if set forth at length within this Count. 15. Defendant Owner is liable under the doctrine of Respondeat Superior for the negligence of the operator of the defendant vehicle. 16. Defendant Owner was negligent in entrusting the defendant vehicle to someone who defendant Owner knew or should have known was a dangerous, inexperienced, unlicensed, uninsured, or careless motor vehicle operator. 17. As the financially responsible owner of the defendant vehicle, Defendant Owner is responsible for the damages caused by the operation of the defendant vehicle. 18. Defendant Owner is vicariously liable for the actions of the operator of the defendant vehicle. 19. Defendant Owner is liable as the negligent driver. 20. Defendant Owner is liable per se for allowing the defendant vehicle to be operated on the roadway without maintaining the required liability insurance. Defendant Owner's actions in this regard constitute an ultra vires act; had defendant Owner abided by the 5 financial responsibility laws and prevented the operation of the defendant vehicle on this occasion, the collision would not have occurred. WHEREFORE, Plaintiff demands judgment for $50,000.00, in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawfor ,r. (Bar Id. No. 202188) Attorney for Plaintiff, Nationwide Affinity Insurance Company of America Dated: 6 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. By: Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plaintiff, Nationwide Affinity Insurance Company of America Dated: ???-- ?h \ 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 13 All bl. I .? t lei L. TE ',k-; •J ? 9. g t ,ir, Jody S Smith Chief Deputy Richard W Stewart Solicitor Nationwide Insurance Company vs. Benuel K. King (et al.) Case Number 2012-1924 SHERIFF'S RETURN OF SERVICE 03/27/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Benuel K. King, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 03/27/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michelle Mance, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 04/09/2012 Perry County Return: And now, April 9, 2012 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Michelle Mance the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. 04/09/2012 09:15 AM - Perry County Return: And now April 9, 2012 at 0915 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Benuel K. King by making known unto himself personally, at 3430 Big Spring Road, Blain, Pennsylvania 17006 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, April 12, 2012 RON ~ R ANDERSON, SHERIFF Nationwide Affinity Insurance IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Company PERRY COUNTY BRANCH Versus Benuel K. King & Michelle Mance No. 2012-1924 Cumberland Co. SHERIFF'S RETURN And now April 9 , 2012 : Served the within name Benuel K. King the defendant(s) named herin, personally at his place of residence in Sheriffs Office- Courthouse, New Bloomfield, Perry County, PA, on April 9 , 2012 at 9:15 o'clock AM by handing to Benuel K. King, defendant 1 copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to before me this So answers day of COMMONWEALTH OF PENNSYLVANIA =INGER MARGANotary Public BCounty My Comuary 16, 2016 true and atteste d Deputy Sheriff of Perry County SHERIFF'S RETURN In the Court of Common Pleas Of the 41s` Judicial District of Pennsylvania- Perry County Branch No. 2012-1924 Cumberland Co. Nationwide Affinity Insurance Company VS Michelle Mance 120 S. Carlisle St. New Bloomfield, PA 17068 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Michelle Mance, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Michelle Mance at 120 S. Carlisle St., New Bloomfield, PA 17068. NOT FOUND. DEFENDANT MOVED TO 205 GEARY AVE., APT. B, NEW CUMBERLAND, PA 17070. Sincerely, Sworn and subscribed to before me this day of 2012. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F, FLICKINGER, Notary Public Bloomfield Boro, Perry County My Commission Expires February 16, 2016 Carl E. Nace Sheriff of Perry County I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, Plaintiff V. ; BENUEL K. KING, ; Defendant V. MICHELLE MANCE, Defendant No. 2012-1924 CIVIL ACTION - LAW C-) ?) c -03: rnrn -0 z;V ? rn PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of defendant, Benuel K. King. Papers may be served at the address set forth below. Respectfully Submitted, ?A Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 u -r- s z t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, : Plaintiff V. No. 2012-1924 BENUEL K. KING, Defendant V. CIVIL ACTION - LAW MICHELLE MANCE, Defendant CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this day of April, 2012, I served a copy of the foregoing Praecipe to Enter Appearance by Regular Mail, to the person(s) listed below: Stewart C. Crawford, Jr., Esquire 223 North Monroe Street Media, PA 19063 Michelle Mance 120 South Carlisle Street New Bloomfield, PA 17068 -? - Z4?u randi L. Jones Zellers Paralegal for Kevin E. Prosser, Esq. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, PA 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjr(a),subrolaw.us Firm File No.N12-0024 1A, Attorney for Plaintiff, Nationwide Amity Insurance Company of America IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA One W. Nationwide Blvd. Columbus, OH 43215 Plaintiff, vs. BENUEL K. KING 3430 Big Spring Road Blain, PA 17006 and, MICHELLE MANCE 120 S. Carlisle Street Newbloomfield, PA 17068 Defendants. CIVIL ACTION-LAW C.A. No. 1,2 - IQ ay PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this Complaint an additional thirty 0) days. STEWART C. CRAWFORD, ESQ r Attorney for Plaintiff, Nationwide Affinity Insurance Company of America Dated: Mtn 11. 7S Pd A k# aa'11a& J2 t+ a__) #L9 7? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , w.? Sheriff --; C-- Jody S Smith ,. c Chief Deputy Richard W Stewart c!> p ..?? ?..?, Solicitor OF r ?v Nationwide Insurance Company Case Number vs. 2012-1924 Benuel K. King (et al.) SHERIFF'S RETURN OF SERVICE 05/07/2012 08:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2012 at 2026 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle Mance, by making known unto herself personally, at 205 Geary Avenue, 2nd Floor, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEP SHERIFF COST: $45.00 May 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , Lit, NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA,' 1'C LVMh?A Plaintiff V. No. 2012-1924 BENUEL K. KING, Defendant V. CIVIL ACTION - LAW MICHELLE MANCE, Defendant NOTICE TO PLEAD To: Nationwide Affinity Insurance Company of America c/o Stewart C. Crawford, Jr., Esquire 223 North Monroe Street Media, PA 19063 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Attorney for Defendant King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, Plaintiff V. No. 2012-1924 BENUEL K. KING, Defendant V. CIVIL ACTION - LAW MICHELLE MANCE, Defendant ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes Defendant, Benuel K. King, by and through his counsel Kevin E. Prosser, Esquire, and brings this Answer to Plaintiff's Complaint and avers as follows: The Parties 1. No response required. 2. No response required. 3. Admitted. Factual Allegations Common To All Counts 4. Denied. Defendant King is without knowledge as to the truth of this averment, and same is therefore denied with strict proof demanded. 5. Denied. Defendant King is without knowledge as to the truth of this averment, and same is therefore denied with strict proof demanded. 6. Denied. Defendant King was not carelessly operating a motor vehicle on May 17, 2010. Strict proof is demanded. 7. Denied: a. Denied. Defendant King was not careless, inattentive or distracted when operating the motor vehicle. b. Denied. Defendant King operated the vehicle in a safe, non-hazardous manner. c. Denied. Defendant King did not operate his vehicle with reckless, willful, or wanton disregard for the safety of others. d. Denied. Defendant King was not negligent per se and breached no duty of care. 8. Denied. Defendant King is without knowledge as to the truth of this averment, and same is therefore denied with strict proof demanded. 9. Denied. Defendant King is without knowledge as to the truth of this averment, and same is therefore denied with strict proof demanded. 10. No response required. WHEREFORE, Defendant King prays This Honorable Court shall dismiss the Complaint with prejudice. COUNTI 11. No response required. 12. Denied. Defendant King was not negligent. 13. Denied. Defendant King is not liable per se, as he breached no duty of care. WHEREFORE, Defendant King prays This Honorable Court shall dismiss the Complaint with prejudice. COUNT II 14. No response required. 15. Admitted in part and denied in part. It is denied that Defendant King is negligent but it is admitted that if Defendant King is found to have been negligent, that Defendant Owner is liable under the doctrine of Respondeat Superior. 16. Admitted in part and denied in part. It is denied that Defendant King was a dangerous, inexperienced, unlicensed, uninsured, or careless motor vehicle operator, but it is admitted that if Defendant King is found to have been so, Defendant Owner was negligent. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. WHEREFORE, Defendant King files this Answer. NEW MATTER 21. Plaintiff s Claim is barred by the statute of limitations. WHEREFORE, Defendant King prays This Honorable Court shall dismiss the Complaint with prejudice. Respectfully Submitted Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Attorney for Defendant King ATTORNEY VERIFICATION Undersigned Counsel, Kevin E. Prosser, Esquire, hereby verifies and states that: 1. He is the attorney of record for Benuel K. King, defendant. 2. He is authorized to make this verification on his behalf 3. The facts set forth in the foregoing Answer to Plaintiff's Complaint with New Matter are true and correct to the best of his knowledge, information, and belief. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Attorney for Defendant King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, Plaintiff V. No. 2012-1924 BENUEL K. KING, Defendant V. CIVIL ACTION - LAW MICHELLE MANCE, Defendant CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this d y of May, 2012,1 served a copy of the foregoing Answer to Plaintiff s Complaint with New Matter by Regular Mail to the person(s) listed below: Stewart C. Crawford, Jr., Esquire 223 North Monroe Street Media, PA 19063 Michelle Mance 120 South Carlisle Street New Bloomfield, PA 17068 l \- i L. Jones Zellers Paralegal for Kevin E. Prosser, Esq. F.\FILES\Clients\14783 Mmce-Winters\14783. I. prat Revised. 5/30/12 1015AM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES r T7 "' I.D. 49813 ' 10 East High Street Carlisle, PA 17013 (717) 243-3341 -> Attorneys for Defendant Michelle Mance NATIONWIDE AFFINITY INSURANCE IN THE COURT OF COMMON PLEAS OF, COMPANY OF AMERICA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2012-1924 CIVIL ACTION - LAW BENUEL K. KING, and MICHELLE MANCE, : Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant Michelle Mance in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON W OFF E,? By C 61?6 George B. Faller, Jr., Esq I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Michelle Mance Dated: 5/310/12 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stewart C. Crawford, Jr., Esquire THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 North Monroe Street Media, PA 19063 Mr. Benuel K. King 3430 Big Spring Road Blain, PA 17006 MARTSON LAW OFFICES By l Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 5/30/12 F:\FILESTlients\14783 Mance-Winters\14783.1.ansl Revised: 5/30/12 2?38PM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES j I.D. 49813 g 10 East High Street ?k t 7i i. 1 till i F Carlisle, PA 17013 Cr{a,!S tr'`r (717) 243-3341 Attorneys for Defendant Michelle Mance NATIONWIDE AFFINITY INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY OF AMERICA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BENUEL K. KING, and MICHELLE MANGE, Defendants NO. 2012-1924 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT MICHELLE MANCE'S ANSWER WITH CROSSCLAIM TO PLAINTIFF'S COMPLAINT After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 2-3. Admitted. 4.. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 5. It is specifically denied that Defendant King was acting as an agent, servant or employee of Defendant Mance. To the contrary, he was acting on his own behalf. 6. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment. 7-8. Denied pursuant to Pa. R.C.P. 1029(e). 9-10. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. WHEREFORE, Defendant Michelle Mance demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. COUNTI (Nationwide v. Defendant Operator) 11. The averments of paragraph 1 through 10 of this Answer are hereby incorporated by reference. 12-13. The averments of these paragraphs refer to a party other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant Michelle Mance demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. COUNT II (Nationwide v. Defendant Owner) 14. The averments of paragraph Ithrough 13 of this Answer are hereby incorporated by reference. 15. Denied. To the contrary, the driver was not acting as the agent, servant or employee of the Defendant Michelle Mance, but was acting on his own behalf. 16. Denied. To the contrary, Defendant Michelle Mance did not entrust the vehicle to Defendant Benuel K. King to operate in Carlisle on the day in question. By way of further response, Defendant Mance had no reason to believe Defendant King was not a competent driver. 17-18. Denied. To the contrary, Pennsylvania law does not provide for ownership liability. 19. Denied. Defendant Mance was not the driver. 20. Denied. To the contrary, the fact that the vehicle was or was not insured is not relevant and the existence of insurance is inadmissible in a personal injury case. This case is in essence a subrogation action for the Nationwide insured and Nationwide's rights to recover can rise no higher than its insured. Therefore, the fact that the vehicle which struck the Nationwide insured was or was not insured would not be admissible in the trial of this matter. WHEREFORE, Defendant Michelle Mance demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. CROSSCLAIM (Michelle Mance v. Benuel King) 21. The averments of paragraphs 1-20 of this Answer are hereby incorporated by reference. 22. If the facts as plead in Plaintiff's Complaint are true, then Defendant Mance demands judgment against Defendant King for any amounts which would be adjudged against her and/or for contribution and/or indemnity. WHEREFORE, Defendant Michelle Mance demands judgment in her favor and dismissal of Plaintiffs Complaint with prejudice. MARTSON LAW OFFICES By% George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Michelle Mance Dated: VERIFICATION The foregoing Answer to Complaint are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Michelle Mance FAFILESUients\14783 Mance-Winters\14783, Lansl CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stewart C. Crawford, Jr., Esquire THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 North Monroe Street Media, PA 19053 Kevin E. Prosser, Esquire 400 Market Square Newport, PA 17074 MARTSON LAW OFFICES By Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: L'/ Is// ~i 11 SU~CI~. r /~~t~y', ~ Plaintiff 1..~ u ,1I~1~•i~ r~ C~ ~S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~2t~ ~. ri t Q (~ - ~-~-~ . Q1/~! ~ Defendant ~ ll.L~ RULE 1312-1 The Petition fo:r Appointment of Arbitrators shall be substantially iris Following form: PETITION FOR APPOINTMENT OF ARBITRATORS -. ^ ~?. i., TO THE HONORABLE, THE JUDGES OF SAID COURT: Cry ~ . , counsel for the plaintif defendant in the above action (or actions), respectfully rep nts that: 1. The above-captioned action (or actions) is (are) at issue. ?. The claim of plaintiff in the action is $ ~ ~ ~~ , ~ ~ __ T'he counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: S~jc~.~~t ~~~ ~~ - ~~ ~y ~~ ~• ~~1~~ ~~, ~ Sevin ~ • ~-+~~~er, ~~q . U WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, J' ,,,, ORDER OF COURT AND NOS', petition, Esq., and _ captioned action (or actions) as prayed for, Kevin A. Hess, P.J. 200 , in consideration of the foregoing Esq., and _ _ Esq., are appointed arbitrators in the above By the Court, ~ ga~t~a ~~ NATIONWIDE AFFINITY, INSURANCE COMPANY OF AMERICA_ Plaintiff vs. BENUF,I. K. KIND and MICHELLE MANGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I,AW NO. 12-1924 CIVIL ORDER ,,, `. - '-., ~i=,_ ~~ :-~. __ ._ .. ~ . `~~ ._ ..._ ~ - _ _, ' ~ ., ; , rv ~ ~ ~-+.- l ~ ~ : =, _. r ~ ~_ ~ ;. ~ AND NOW, this ~ B" day of November, 2012, the appointment of Tiffany Cartwright, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Paul Edger, Esquire, is appointed in her place. BY THE COURT, ~/~ ~ ,d .~ ,rte '~ James Flower, Jr., Esquire Chairman Paul Edger, Esquire '~ Court Administrator ''r bah :rlm Kevin A. Hess, P. J. 1 ~ SI~a r~ a f p~ PJ e6A0-rt wV&_ A In The Court of Common Pleas of Cumberland or PIaintiff County, Pennsylvania NoaoA- tq2* Defendants Civil Action-Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. S ..-d — Si- ature Signature Sig ature Name (Chairman) Name Name 11V'Ue.,_ /4 sW / Z�C" I,emi1' 4t, 5a• Law ea!;eEt '-C fie✓ �y5o Law Firm Law Finn Law Firm . 1 SS s 114,vvw S4 Soty C. 5t. 2,03 Address n Address Address �,�.`-,lc. P� /za i 7 C4Y cS rC ,� l �f .L(��� ,�sL. c L So 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.) < c G7 1�-!TL yn A41 Arbitrator,-dissents.-(Insert name-if-applicable.) - Date of Hearing: V1rMan) Date of Award: „� J S'---t 3 Notice of Entry of Award Now, the ISV'k day of * 20 /3 at ef.2 , f'.M., the above award was entered upon the docket and notice ther f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S Prothonotary Deputy ED 201 Y 15 1 .2 4, GU PB RLA ND CoUj ,' , MANIA