HomeMy WebLinkAbout13-5081 Supreme Court of- Pennsylvania ` W RN 20161229 C Y Jer JIH
Cou bf Common' Pleas
av&C6 n Sh e! ForProfhonotan' Use Ontr: �
C UMBERLAND„' County Docket No: r� ,
172e information collected on this fibrin is used solely for court administration purposes. 17ris form does not
supplement or replace the filing and service of pleadings or other papers as required by lair.° or rules of court.
Commencement of Action:
S IN Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin
C Lead Plaintiffs Name: Lead Defendant's Name:
T UNITED FINANCIAL CASUALTY DAVID BALEY
I
C Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
A Is this a Class Action Suit? E3 Yes 151 No Is this an MDJ Appeal? 13 Yes Il No
Name of Plaintiff /Appellant's Attorney: Michael J. Dougherty,76046
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
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S ❑ Premises Liability ❑ Statutory Appeal: Other
E
E3 Product Liability (does not include ❑ Employment Dispute
Mass tort) Discrimination
T O laander/Libel/Defamation 13 Employment Dispute: Other ❑ Zoning Board
Other:
I S ❑ W_R0--r_ &Zld�_
O ❑ Other:
N MASS TORT
❑ Asbestos
B ❑ Tobacco REAL PROPERTY MISCELLANEOUS
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Updated 1/1/2011
OF THE r OT i1? O 13C
2013 AUG 28 fYI t: 10
CUMBERLAND COUNTY
PENNSYLVANIA
IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
UNITED FINANCIAL CASUALTY JJ��
Plaintiff 1 � Il/�
No:
VS.
COMPLAINT IN CIVIL ACTION
DAVID BALEY
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Michael J. Dougherty,76046
WELTMAN, WEINBERG & REIS CO., L.P.A.
325 CHESTNUT STREET SUITE 501
PHILADELPHIA, PA 19106 -2614
215- 599 -1500
FAX: 215 - 599 -1505
20161229 C Y Jer JIH
6 A
a
etol 7- 26
989
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
UNITED FINANCIAL CASUALTY
Plaintiff
VS. Civil Action No
DAVID BALEY
Defendant
COMPLAINT AND 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 warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you b 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249 -3166
I
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff(s)
Pa. Identification No.209032
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File #20161229
}
UNITED FINANCIAL CASUALTY }
INSURANCE COMPANY } Court of Common Pleas
} CUMBERLAND County
}
}
vs. }
}
DAVID BALEY } NO.
CIVIL ACTION — COMPLAINT
1. Plaintiff is a business organization licensed and authorized to conduct
business in the State of Ohio with a place of business located at 5920 LANDERBROOK
DRIVE, MAYFIELD HEIGHTS, OH 44124.
2. Defendant is an adult individual who at all time pertinent hereto resided at
1100 FARMINGTON DR APT 42, VACAVILLE, CA 95687.
3. UNITED FINANCIAL CASUALTY issued a policy of motor vehicle
insurance whereby UNITED FINANCIAL CASUALTY agreed to insure the motor vehicle
involved in this incident ( "Insured Vehicle "), owned by Plaintiff's insured.
4. On or about August 24, 2012 Defendant was the operator of a motor
vehicle which vehicle did negligently, recklessly and /or carelessly collide with the Plaintiff
Insured's vehicle at or near 1501 Harrisburg Pike, Carlisle, Pennsylvania.
5. The negligence and /or carelessness of the Defendant consisted of the
following:
a. Failing to have his motor vehicle under such control as the situation
warranted;
b. Operating his motor vehicle in complete disregard of the point and
position of Plaintiffs vehicle;
c. Failing to keep a proper lookout;
d. Traveling too fast for conditions;
e. Disregarding traffic control devices;
f. Failing to abide by the Rules of the Road and the Motor Vehicle Code of
Pennsylvania;
g. Being otherwise negligent under the circumstances; and,
h. Being negligent as a matter of law as may be relevant through discovery
and /or at the time of trial.
6. As a direct and proximate result of Defendant's negligence, the UNITED
FINANCIAL CASUALTY Insured's vehicle sustained property damage an incurred
rental charges in the total amount of $6520.72. See attached as Exhibit "1" a copy of the
damage documentation which documents Plaintiff further intends to introduce at the
arbitration in this matter.
7. Pursuant to the insurance policy issued by UNITED FINANCIAL
CASUALTY and as a result of the aforesaid payment, UNITED FINANCIAL CASUALTY
became subrogated to the claim of its Insured against Defendant.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of
$6520.72 plus interest and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Benjami . Lawrence, Esquire
PA I. 209032
32 estnut Street
Suite 501
Philadelphia, PA 19106
(215) 599 -1500
WWR #20161229
x
EXHIBIT 1
Claim Payment Detail Page 1 of 1
Claim Payment Detail { 12- 2440179 )
Payment Information
Disbursement Number: 475701966 Total Amount: $5,520.72
EFT Trace Number: Invoice Number:
Paid To: AMERICAN TRANSPORT
Mailing Address: 175 WARM SUNDAY WAY
MECHANICSBURG, PA 17050 USA
In Payment Of: COLL DAMAGE REPAIR LESS DEDUCTABLE
Vendor Information
Name: 1099 Required:
Type:
Reviewed Summary
Issuing Rep: BGM0003 Approved By:
Issue Date: 10 -01 -12 Review Date:
Last Updated Rep: BGM0003 Reviewed By:
Bank Information
Type: Loss Bank Code: AS2
Stop Reason: Cleared: 10 -09 -12
Stop Date:
Exposure Detail: COLL
Party Name: AMERICAN TRANSPORT, Amount Paid: $5,520.72
Property Description: 03 GREAT DANE TRAILER Deductible Taken: $1,000.00
Payment Type: FINAL PAYMENT Property Damage: $6,520.72
Rental: $0.00
http : / /claimspayments /Alpha /ClaimsPaymentsWeb /default. aspx ?page= ClaimPaymentDeta... 5/20/2013
Data: 2/27/2013 02;04 PM
Esthneto ID:• 12. 244017942
Estimate version: 0
PreurnInary
Profile ID: ' Pannsylvania - PCA
Progressive
800 Red Brook Blvd Sulto 200, Owings M1119 . MD 21117
(410) 971 -0135
Fax: (410) 356 -4964
Email: BMAYO1 @PROGRESSIVE.00M
Damage Ai89asad By: Bill Mayo Clalm Rep; William Mayo
Product Type Trailer x r 7
Date of Lass: 8/24/2012 4/
Deductible: 1,000.00
claim Number. 12- 244017942
Insured: AMERICAN TRANSPORT
Owner: AMERICAN TRANSPORT
Mitchell Owl= 912566
Description: 2003 Trailer Section Dry Van Drive Train:
Type/Component: Trailer Section License: PT3688T PA
VIN: IGRAA062436324449 $earch Code: PCAPA
OEM /ALT: A
Line Entry Labor lJns Rom Part Type/ Dollar Labor
Item Number TYPO Operation Description Part Number Amount Unite
1 200337 BDY REMOVEIREPLACE L Ctr Side Panel N.A. 101.00 ' 7.0
2 900$00 BDY' REMOVE/REPLACE 6 Addtional Left Side Panels 54 each Now 606.00 ` 33.0'
3 200049 ODY REMOVE/REPLACE L Lwr Rail N.A. 186.89 " 20.0
4 200342 BDY REMOVEANSTAL,L L iGak Panel ExhWng 0.00 10.1
5 900600 BDY • REPAIR 3 Right Cross Member Ends Existlny 3 . 0 "
DD'
6 936007 AL COST Shop Materials 184'33
" - Judgment Item
ESTIMATE RECALL NUMBER: 02WI201314:04:36 12- 2440178 -02
Mitchell Data Version: OEM: JAN 13_V0227 Page 1 of 4
MAPP JAr'1S Vc224 Copyright(C) 1994- 2013 Mitchell International
SoBwere Version: 7,0.489 All Rights Reserved
b00 /100f�j XVJ LZ :60 8LOZ /b0 /60
Date: 212712013 02:04 PM
Estimate ID: 12.244017842
Estimate Veraioa: 0
Preliminary
Proflly In: * Pennsylvania - PCA
ALL MANUFACTURERS REQUIREMENTS REGARDING SEATBBI•T AND SUPPLMgNTAL
R}3STRAINT SYSTEM REPLACE14ENT MUST BE ADHERICD TO, IF ADDITIONAL PARTS
OR OPERATIONS ARE NECESSARY TO PROPERLY ACCOMPLISH THIS, PLEASE
CONTACT THE ESTIMATING CLAIMS REPRESENTATIVE.
THIS IS A DAMAGE ASSESSMENT ONLY - NOT AN AU'T'HORIZATION TO REPAIR
-BASED ON DAMAGE VISIBLE OR CERTAIN AT THE TIME IT WAS WRITTEN.
IF FRAME OR UNIBODY REPAIR IS INCLUDED'ON THIS ESTIMATE, THE AMOUNT
SHOWN INCLUDES TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND
AFTER THOSE REPAIRS.
YOU ARE 'UNDER NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP.
INFOMTTON REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR
THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE
COMPANY,
TO ENSURE PROPER AND PROMPT PAYMENT FOR ADDITIONAL DAMAGE DISCOVERED
DURING THE COURSE OF REPAIRS, CONTACT PROGRESSIVE FOR SUPPLMUM
HAMMING PROCEDURES •
Estimate Totals
Add'l
Labor Sublet Amount
L Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary
Body
73.1 75.00 0.00 0.00 5,482.50 T Taxably Parts 90389
Taxable Labor
5,482.50 Total Replacement Parts Amount 903.89
Labor Summary 73.1 5,482.54
Amount TV. Adjustments Amount
IIL Additional Coats 1,000,00 -
134.33 Insurance Deductible
Taxable Coats
Total Additional Costa
134.33 Customer Responsibility 1,000A0-
1. Total Labor: 5,482.50
N. Total Replacement Parb: 908.69
ILL Total Additional Costs: 134.33
Groas Total: 6,520.72
N. Total Adjustments: 1,000.00•
"Total: 5.520.72
This Is a greflMinary eat mat .
Additional changes to the estlmate May be reaulr d for the actual re ir.
ESTIMATE RECALL NUMBER: 0=71201314:04:38 12. 244017942
Mitchell Data Version: OEM: JAN..13 V0227 page 2 of 4
MAPP:JAN_13_vo22 Copyrig ht ( C ) 19%. 2013 ell International
All Rights Reserved Mitchell
Software version: 7.01183
b00 /zooln XVA 1Z :60 EtOZ /b0 /E0
• Gate: =712013 02:04 PM
E6tlmn% it): 12.244017$ -02
Eatlmdte Version: 0
Preliminary
Profile ID: '' Pennsylvania - PCA
Inepeetion Site: TRUCK STOP
Address: 17015 CARUSIE PIKE
CARSILE , PA
(popeotion Date: 1012412012
PROGRESSIVE HONORS THE PREVAILING LABOR MARKET RATE IN YOUR AREA FOR
YOUR PROPERTY. IF YOU CHOOSE A SHOP THAT CHARGES IN EXCESS OF
PREVAILING LABOR MARKET RATRS OR ADDITIONAL COSTS ABOVE THE APPRAISED
AMOUNT, YOU WILL BE RESPONSIBLE FOR THE DIFFERENCB.
LIFRTIME GUARANTEE FOR SHR2T METAL AND PLASTIC BODY PARTS
The replacement parts written on the estimate are intended to return
your vehicle to its pre -lose condition With proper installation. After
repair, if any sheet metal or plastic body part included in the
estimate fails to return your vehicle to its pre -lose condition
(assuming proper ir'istallation), in terms of form, fit, finish,
durability or functionality, Progressive will arrange and pay for the
replacement of the part, to the extent not covered by a manufacturer's
or other warranty. This service will be performed at
no cost to you (including associated repair and rental ear costs). To
obtain service under this Guarantee, call Progressive at
1- 800 - 274 - 4641. This Guarantee applies as long as you own or lease the
vehicle. This Guarantee is not transferable and terminates if you
sell or o th erw i s e transfer your vehicle.
THIS GUARANTEE DOES NOT COVER NORMAL wM AND TEAR OR AAMAGR CAUSED BY
IKPROPER MAINTENANCE, NEGLRCT, ABU OR SUBSEQUENT ACCIDENT. THIS
GUARANTEE IS LIMITED TO ARRANGING FOR THE SELECTION OF REPAIR PARTS
THAT WILL RETURN YOUR VEHICLE TO ITS PRE - LOSS CONDITION. ACCORDINGLY,
PROGRESSIVE WILL NOT B9 LIABLE FOR ANY INDIRECT, INCIDENTAL OR
CONS$QURNNTIAL DAMAGES THAT RESULT FROM THE YNSTALLATION OR USE OF
THESE PARTS.
Part Type Terms and Abbreviations
NEW and OEM or part number displayed - These refer to a new, original
equipment manufacturer part.
NON -OEM and A/9 and Qual REPL - These refer to as after- market part,
which is a new, non - original equipment manufacturer part.
USED /RECYCLED and LKQ - These refer to a used OEM part.
REMANUB'ACTURED and RECOND. and RECORE - These refer to used /recycled
OEM parts that have been refurbished. 8DY =BODY, BDS - BODY STRUCTURE,
REF - REFINISH, GLS- GLASS, FRM!n8RAM8, MCH MECHANICAL, ADD'L
COST =ADDITIONAL COST, ADD'L OPR =ADDITIONAL
OPERATION, FRT- FRONT, RR -REAR, L =LEFT, R =RIGHT,UPR =UPPER,LWR�LOWSR
OTR- OUTER, INR- INNER, ASSYmASSEMBLY, SUSP =gUSPRNSYON, EXT- EXTENSION,
BRK.ARACKET, INST.INSTRUMENT, ATG= ASSEMBLY TIME GUIDE.
IF THIS APPRAISAL HAS BERN PREPARED BASED UPON THE USE OF AFTERET
ESTIMATE RECALL NUMOM 021271201314:04:36 12- 2440179 -02
Mitchell Data Version: OEM: JAN _ 13_V0227
Y0224 Copyright (C)1894 - 2019 Mitchell international onal S of 4
MAPP:JAN_93
Software Version: 7AAS9 All Rights Reserved
400 /600 @1 XV� IZ :60. 6LOZ /00 /60
Data: 212712013 03:04 PM
Estimate 10: 12- 2440179-02
l°stimate vereiorr 0
Preliminary
Proflie 10: * Penneylvanla - PCA
CRASH PAgT9, AND IF THE USE OP' AN AFTERMARXXT CRASH PART VOIDS THE
EXISTING WARRANTY ON THE PART BEING REPLACED OR ANY OTHER PART, THE
AFT33RMAPMT CRASH PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN
THE REMAINDER OF THE EXISTING WARRANTY.
REPAIR SHOP'S AUTHORIZED REPRESENTATIVE'S SIGNATURE INDICATING
AGREEMENT ON COST TO RETURN THE VEHICLE TO PRE -LOSS CONDITION
INCLUDING TOW /STORAGE CHARGES:
SHOP SIGNATURE:
EST. COMPLETION DATE,
ANY PERSON WHO KNOWINGLY AND WITH THE INTENT TO INJURE OR DEFRAUD ANY
INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE,
INCOMPLETE, OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE
SUBJECT TO IMPRISOM4ENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF
UP TO $15,000•
APPRAISER
SIGNATURE
ESTIMATE RECALL NUMBER: 02127=1314:04:36 12- 2440179.02
Mitchell Date Version: OEM: JAN 13 VO227
MAPPOAM3 V0224 Copyright (C) 1994 - 2013 Mitchell Intarnatlonal Page 4 of 4
$pf ra Version: 7.0.483 All Rights Reserved
900 /900 Xtl.1 LZ ".60 ELOZ /90/60
a `
VERIFICATION
I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear
and affirm that the averments in the attached Complaint are true and correct to the best
of my knowledge, information and /or belief. These averments are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Ben!a Pl W. Lawrence
Date ���'
WELTMAN,WEINBERG&REIS CO.,L.P.A. l'IF- PROT1tifiNU i-•i
BY: Benjamin W Lawrence, Esquire Attorney for Plaintiff(s)
I.D. No. 209032 2313 DEC -9 PM 3: 10
325 Chestnut Street, Suite 501
Philadelphia, PA 19106 CUMBERLAND COIF i
Phone: 215.599.1500 PENNSYLVANIA
Fax: 215.599.1505
File#20161229
UNITED FINANCIAL CASUALTY
CUMBERLAND County
Court of Common Pleas
vs.
DAVID BALEY
NO. 13 5081 CIVIL
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Civil Action in the above-captioned matter.
WELTMAN, WEINBERG & • IS CO., L.P.A.
By /
Benj- W Lawrence, Esquire
Atto = for Plaintiff
N
1117S i-34_
Pliy
2k i? illa904
2 ..af9o'7
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
I.D. No. 76046
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 20161229
UNITED FINANCIAL CASUALY
vs.
DAVID BALEY
TO THE PROTHONOTARY:
Attorney for Plaintiff(s) c c' .t
P1 rn r=-
Z. r- -0 r
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zc D:t
Ti
-i CJS
CUMBERLAND County
Court of Common Pleas
NO. 13-5081 CIVIL
PRAECIPE TO REINSTATE
Kindly reinstate the Complaint in Civil Action in the above -captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Michael J. Dougherty, Esquire
Attorney for Plaintiff
7.1