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HomeMy WebLinkAbout13-6909 20225253 C Y Jer TWI Supreme Court of Pennsvivanla N WRft Court of Common Pleas Civil Cover Sheet F or Prothonotaq Use Onlr: C UMBERLAND COunh' Docket No: The in1brinotion collected on this ,form is used solely Jbr cortr7 administration pinposes. This bi does not supple nierit or replace the filing grid service. of pleadings or other papers as requii bi! laiii or rrtles of court. Commencement of Action: S I3 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin C Lead Plaintiff s Name:, Lead Defendant's Name: T PROGRESSIVE SPECIALTY INS CREDIT CONNECTION AUTO SA I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes l3 No Is this an MDJ Appeal? ❑ Yes W No A Benjamin W. Lawrence,209032 Name of Plaintiff /Appellant's Attorney: ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel 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 ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ 'Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander /Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T Other: ❑ Other: I s.� 'r0 [' ❑ Other: O N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort — Implant ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 l r v ff!! 3- zt ��77 U4 f 1"iE PROTHONO IAR) 2013 NOV 21 Aid 11: 01 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE SPECIALTY INS 'Plaintiff -NO: , �- VS. COMPLAINT IN CIVIL ACTION CREDIT CONNECTION AUTO SALES, INC Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence,209032 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106 -2614 215 - 599 -1500 FAX: 215 - 599 -1505 20225253 C Y Jer TWI 5 V �L� l� 3 S9a�o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE SPECIALTY INS Plaintiff VS. Civil Action No CREDIT CONNECTION AUTO SALES, INC 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 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 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 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 #20225253 } PROGRESSIVE SPECIALTY } Court of Common Pleas INSURANCE COMPANY } Cumberland County } } vs. } } CREDIT CONNECTION AUTO SALES, INC} NO. t 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, Ohio 44124. 2. Defendant, Credit Connection Auto Sales, Inc., ( "CCA "), is a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 1207 Trindle Road, Carlisle, Pennsylvania 17107. 3. Progressive issued a policy of motor vehicle insurance whereby Progressive agreed to insure the motor vehicle involved in this incident ( "Insured Vehicle "), owned by Plaintiff's insured. 4. On or about July 10, 2012 Defendant was the owner of a motor vehicle being operated by its agent, servant, workman and /or employee in the course and scope of Defendant's agency and /or employment when Defendant's vehicle did negligently, recklessly and/or carelessly collide with the Plaintiff Insured's vehicle at or near Walnut Bottom and Start Road, Dickinson, Pennsylvania. 5. The negligence and /or carelessness of the Defendant's agent, servant, workman and /or employee consisted of the following: a. Failing to have its motor vehicle under such control as the situation warranted; b. Operating its motor vehicle in complete disregard of the point and position of Plaintiff's 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 Progressive Insured's vehicle sustained property damage and /or incurred rental charges i in the amount of $3,925.10. 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 Progressive and as a result of the aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $3,925.10 plus interest and costs. W LTMAN, WEINBERG & REIS, CO., L.P.A. Benja W. Lawrence, Esquire PA I.D. 09032 325 Che nut Street Suite 501 Philadelph a, PA 19106 (215) 599 -1500 WWR #09227865 EXHIBIT I Date: 7/13/2012 03:16 PM Estimate ID: 12- 4831849.01 Estimate Version: 1 Supplement: 1 (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts PROGRESSIVE 3950 Hartzdale Drive, Camp Hill, PA 17011 (717) 648.2857 Damage Assessed by: Uc #445726 Lenny Oriel Claim Rep: ELIZABETH HEALY Supplemented By: Uc #445726 Lenny Oriel for supplements, please call 717- 648 -2857 or email: leonard n oriel @progressive.com • Product Type: Auto • Date of Loss: 7/10/2012 Contact Date: 7/13/2012 ` Deductible: 500.00 • Claim Number: 12- 4831849 -01 Insured: DOROTHY ADRIAN ` Owner: JAMES ADRIAN r Address: 147 N PITT ST, CARLISLE, PA 17013 Telephone: Work Phone: (717) 249 -8055 Home Phone: (717) 249 -0970 Mitchell Service: 915624 Description: 2001 Ford Windstar SE Vehicle Production Date: 3/01 Body Style: VanWgn Drive Train: 3.81. inj 6 Cyl 2WD VIN: 2FMZA52431BB62671 License: JBH4650 PA Mileage: 182,445 OEM /ALT: A Search Code: LANCASTERI Color: BLUE Options: PASSENGER AIRBAG, DRIVER AIRBAG, POWER DRIVER SEAT, POWER LOCK, POWER WINDOW POWER STEERING, REAR WINDOW DEFOGGER, AIR CONDITIONING, CRUISE CONTROL TILT STEERING COLUMN, LUGGAGE RACK, REAR ENTERTAINMENT SYSTEM ANTI -LOCK BRAKE SYS., TRACTION CONTROL, FOG LIGHTS, ALUM /ALLOY WHEELS LEATHER STEERING WHEEL, FRONT AIR DAM, TINTED GLASS, SECOND ROW BUCKET SEAT THIRD ROW BENCH SEAT, DRIVER SIDE SLIDING VAN DOOR, ANTI -THEFT SYSTEM 7 PASSENGER SEATING, AM /FM STEREO CASSETTE /CD, ELECTRONIC PARKING AID FRONT BUCKET SEATS, FRONT SEATS WITH POWER LUMBAR SUPPORT, KEYLESS ENTRY SYSTEM PASSENGER SIDE SLIDING DOOR, POWER DISC BRAKES, POWER HEATED EXTERIOR MIRRORS REAR AUDIO CONTROLS, SECOND ROW FOLDING BUCKET SEATS STEERING WHEEL MOUNTED CONTROLS Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units Front Bumper 1 500004 BDY OVERHAUL Frt Bumper Cover Assy 2.8 2 501414 BDY REMOVE /REPLACE Frt Bumper Cover Used /Recycled 175.00 ' INC 3 REF REFINISH Frt Bumper Cover C 2.7 4 Ikq front bumper assmbly 5 Line Markup 1/625.00 43.75 Grille - 6 501421 BDY REMOVE /REPLACE Grille Used /Recycled 60.00 • INC # 7 Line Markup %25.00 15.00 8 500028 BDY REMOVE /REPLACE Grille Mounting Panel Used /Recycled 75.00 ' 1.2 # 9 BDY REMOVE /INSTALL Frt Bumper Assy INC 10 BDY CHECK /ADJUST Headlamps 0.4 11 REF REFINISH Grille Mounting Panel C 1.6 12 Line Markup %25.00 18.75 Front tamps 13 501423 BDY REMOVE /REPLACE R Front Combination Lamp Assembly " Non-OEM 189.00 INC 14 501424 BDY REMOVE /REPLACE L Front Combination Lamp Assembly " Non -OEM 174.00 INC ESTIMATE RECALL NUMBER: 07/13/2012 15:15:20 12- 4831849 -01 Mitchell Data Version: OEM: MAY 2-V Copyright (C) 1994 •2012 Mitchell International Page 1 of b Software Version: 7.0.441 All Rights Reserved Date: 7/13/2012 03 :16 PM Estimate ID: 12- 4831849.01 Estimate Version: 1 Supplement: 1 (F F) 7/73/2012 03:15:44 PM Profile ID: CPA: All Parts Mood 15 500062 BOY REMOVE /REPLACE Hood Panel Used /Recycled 75.00 • 1.0 16 REF REFINISH Hood Outside C 2.6 17 REF REFINISH Add For Hood Underside C 1.3 18 Line Markup 7.25.00 18.75 Coolina 19 500074 BOY REMOVE /REPLACE Cooling Radiator Used /Recycled 50.00 • 2.8 20 Line Markup 7.25.00 12.50 A/C /heater /Ventilation 21 500100 MCH REMOVE /REPLACE Air Cond Condenser M Used /Recycled 40.00 . 0.4 # 22 MCH REMOVE /REPLACE Evacuate 3 Recharge A/C -M 1,4 23 Line Markup 7.25.00 10.00 Front Fender 24 500169 BOY REMOVE /REPLACE R Fender Panel Used /Recycled 50.00 • 1.0 # 25 REF REFINISH R Fender Outside C 1.6 26 REF REFINISH R Add To Edge Fender C 0.5 27 Line Markup %25.00 12.50 Air Boa System 28 501977 MCH REMOVE /REPLACE Air Bag Module- Driver Front M 1 F2 54043BI3 AAA 584.37 0.7 29 501450 MCH REMOVE /REPLACE Air Bag Module - Passenger Front -M IF2Z 16044A74 AAA 976.17 1.4 Front Door 30 501945 BOY REMOVE /REPLACE R Frt Door Shell Used /Recycled 100.00 . 5.4 # 31 REF REFINISH R Frt Add For Jambs & Interior C 1.0 32 REF REFINISH R Frt Door Outside C 2.1 33 Line Markup 7.25.00 45,00 ADDITIONAL OPERATIONS 34 REF ADD'L OPR Clear Coat 3 Additional Costs & Materials 35 ADD'L COST Paint /Materials 415.00 $1 36 900500 BOY . ALIGN WROTE ESTIMATE TO TOTAL LOSS ..... Exlsting 0.0• - Judgment Item # - Labor Note Applies •' Non -OEM - Non - Original Equipment Manufacturer Replacement Part C - Included In Clear Coat Calc KEYSTONE AUTOMOTIVE 1- 800 - RADIATOR PROG JOHNSTOWN BUMPER MART 1.800- RADIATOR NATIONAL 320 DOBSON ST. FREE USA SHIPPING WINDBER PA 15963 (800)438 -2510 (814)467.5531 (800)723.4286 (800) 472.7016 13 •• F02503178 189.00 14 " 1720048 174.00 ESTIMATE RECALL NUMBER: 07/13/2012 15:15:20 12. 4831849.01 Mitchell Data Version: OEM: MAY-12_V Copyright (C) 1994 - 2012 Mitchell International Page 2 of 6 Software Version: 7,0.441 All Rights Reserved Date: 7/13/2012 03:16 PM Estimate ID: 12. 4831849 -01 Estimate Version: 1 Supplement: 1 (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts Recycler Information Section: Weber Bros Auto 1325 E. Main Sheet Unit tit Annville PA 17003 - 1612717 - 867 -5498 800 - 222 - 2528;717. 867 -5498 24 2002 Ford Windstar RIGHT FENDER F6027 VA 50.00 Description: White. 21n Dent at Front Corner, No Lin, , Stoystown Auto Wreckers 5079 Lincoln Highway Stoystown PA 15563 800 -358- 8770;814- 893 -6262 2 2001 Ford Windstar FRONT BUMPER ASSY 101476 VA 175.00 Description: ,BLU,VAN,SE,BUMPER COVER SCUFFED ,REPAIN, W /CORNERING LAMPS, SE, 6 2001 Ford Windstar GRILLE ASSY 101134 VA 60.00 Description: BLK,VAN,LIMITED ,CHROME PL (104. 017491, CHROME, LIMITED, 8 2003 Ford Windstar HEADER PANEL 210536 VA 75.00 Description: , 19 2003 Ford Windstar RADIATOR 113208 VA 50.00 Description: , 21 2002 Ford Windstar CONDENSER 100863 VA 40.00 Description: [679 - 008661, , 30 2003 ford Windstar RIGHT FRONT DOOR 203368 VA 100.00 Description: 7112 & 5D2, SHELL, (ELECTRIC WINDOWS), R, EXC. SEL, LIMITED, Carlisle Auto 6 Truck Salvage,inc 10 Gasoline Alley Carlisle PA 17015 717- 238 - 1500 / 717.76 :717. 249.8477 15 2001 Ford Windstar HOOD 080847 VA 75.00 Description: DK GRN,3.8„ , Disclaimer: The price indications on recycled parts are real or composite values, based on the pricing option selected with ORP. Prices are the latest available of time of Inventory download and are subject to change and availability. To determine actual repairer net or wholesale price, call the automotive recycler of your choice. Certain parts located for this quote are interchangeable but are not an exact match. Cali the automotive recycler of your choice, Prior Damage: penetrating rust holes on It side. ESTIMATE RECALL NUMBER: 07/13/2012 15:15:20 12. 4831849 -01 Mitchell Data Version: OEM: MAY-12_V Copyright (C) 1994 - 2012 Mitchell International Page 3 of 6 Software Version: 7,0.441 All Rights Reserved Date: 7/13/2012 03:16 PM Estimate ID: 12- 4831849.01 Estimate Version: 1 Supplement: 1 (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts ALL MANUFACTURERS REQUIREMENTS REGARDING SEATBELT AND SUPPLEMENTAL RESTRAINT SYSTEM REPLACEMENT MUST BE ADHERED 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 AUTHORIZATION 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. INFORMATION 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 SUPPLEMENT HANDLING PROCEDURES. Estimate Totals Add'1 Labor Sublet I. labor Subtotals Units Rate Amount Amount Totals ii. Part Replacement Summary Amount Body 14.6 46.00 0.00 0.00 671.60 T Taxable Parts 2,548,54 Refinish 16.6 46.00 0.00 0.00 763.60 T Parts Adjustments 156.25 Mechanical 3.9 50.00 0.00 0.00 195.00 T Sales Tax @ 6.000% 162.29 Taxable labor 1,630.20 Total Replacement Parts Amount 2,867.08 Labor Tax @ 6.0007. 97.61 Labor Summary 35.1 1,728.01 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 415.00 Insurance Deductible 500.00 - Sales Tax @ 6.0007. 24.90 Customer. Responsibility 500.00 - Total Additional Costs 439.90 Point Material Method: Rates inif Rate = 25.00 1. Total labor: 1,728.01 II. Total Replacement Parts: 2,867.08 III. Total Additional Costs: 439.90 Gross Total: 5,034.99 IV. Total Adjustments: 500.00 - Net Total: 4,534.99 Less Original Net Total: 4,534.99 Net Supplement Amount: 0.00 S7: Lic*445726 Lenny Oriel 0.00 ESTIMATE RECALL NUMBER: 07/13/2012 15:15:20 12.4831849.01 Mitchell Data Version: OEM: MAY-12_V Copyright (C) 1994. 2012 Mitchell International Page 4 of 6 Software Version: 7.0.441 All Rights Reserved Date: 7/13/2012 03:16 PM Estimate ID: 12. 4831849 -01 Estimate Version: 1 Supplement: 1 (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS, RATHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. Point(s) of Impact 12 Front Center (P), i Right Front Corner (S), 2 Right Front Side (S), 3 Right Side (S), 4 Right Rear Side (S) 5 Right Rear Comer (S), 11 Leff Front Corner (S) Inspection Site: GLENNS TOWING Address: COON CREEK RD GRANTVILLE, PA Inspection Date: 7/13/2012 PROGRESSIVE HONORS THE PREVAILING LABOR MARRET RATE IN YOUR AREA FOR YOUR PROPERTY. IF YOU CHOOSE A SHOP THAT CHARGES IN EXCESS OF PREVAILING LABOR MARKET RATES OR ADDITIONAL COSTS ABOVE THE APPRAISED AMOUNT, YOU WILL BE RESPONSIBLE FOR THE DIFFERENCE. LIFETIME GUARANTEE FOR SHEET METAL AND PLASTIC BODY PARTS The replacement parts written on the estimate are intended to return Your vehicle to its pre -loss 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 -loss condition (assuming proper installation), 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 car 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 otherwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE, NEGLECT, ABUSE 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 BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION 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/M and Qual REPL - These refer to an after - market part, which is a new, non - original equipment manufacturer part. USED /RECYCLED and LKQ - These refer to a used OEM part. REMANUFACTURED and RECOND. and RECORE - These refer to used /recycled OEM parts that have been refurbished. BDY =BODY, BDS =BODY STRUCTURE, REF= REFINISH, GLS=GLASS, FRM= FRAME, MCH= MECHANICAL, ADD'L COST = ADDITIONAL COST, ADD'L OPR= ADDITIONAL OPERATION, FRT= FRONT, RR =REAR, L­ R= RIGHT,UPR= UPPER,LWR= LOWER, ESTIMATE RECALL NUMBER: 07/13/2012 15 :15:20 12- 4831849 -01 Mitchell Data Version: OEM: MAY-12_V Copyright (C) 1994 - 2012 Mitchell International Page 5 of 6 Software Version: 7.0.441 All Rights Reserved Date: 7/13/2012 03:16 PM Estimate ID: 12. 4831849.01 Estimate Version: 1 Supplement: 1 (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts OTR= OUTER, INR= INNER, ASSY= ASSEMBLY, SUSP= SUSPENSION, EXT= EXTENSION, BRR= BRACKET, INST= INSTRUMENT, ATG= ASSEMBLY TIME GUIDE. IF THIS APPRAISAL HAS BEEN PREPARED BASED UPON THE USE OF AFTERMARRET CRASH PARTS, AND IF THE USE OF AN AFTERMARIKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED OR ANY OTHER PART, THE AFTERMARRET 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 A GREEME NT 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 IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $25,000. APPRAISER SIGNATURE Event Log File Created: 07/13/2012 01:16:32 PM Estimate Started: 07/13/2012 03:15:32 PM Estimate Printed: Estimate not printed Estimate Committed: 07/13/2012 03:15:52 PM Estimate Uploaded: 07/13/201203:16:15 PM ESTIMATE RECALL NUMBER: 07/13/2012 15:15:20 12.4831849.01 Mitchell Data Version: OEM: MAY-12_V Copyright (C) 1994 - 2012 Mitchell International Page 6 of 6 Software Version: 7.0.441 All Rights Reserved Date: 7/13/2012 03:16 PM Estimate ID: 12- 4831849 -01 Estimate Version: 1 Supplement: i (F F) 7/13/2012 03:15:44 PM Profile ID: CPA: All Parts PROGRESSIVE 3950 Harttdale Drive, Camp Hill, PA 17011 (717) 648 -2857 Supplement Delta Report Comparison of Estimate 12. 4831849 -01 Supplement 0 and Supplement 1 Damage Assessed by: tic #445726 Lenny Orlei Supplemented By: Lic #445726 Lenny Oriel Insured: DOROTHY ADRIAN Owner: JAMES ADRIAN Vehicle Description: 2001 Ford Windstar SE • Date of loss: 7110/2012 Line Labor Line Item Dollar Labor CEG Item Type Operation Description Part Type Amount Units Unit Added Entries Sl 36 BDY ALIGN WROTE ESTIMATE TO TOTAL LOSS • "'• Existing 0.0• Global Change No Deductible, Customer Responsibility, Labor Rate, or Part Adjustment changes were made. Amount Original Estimate: 4,534.99 Supplement 1 0.00 Orig Total Tax 285.00 Supp 1 Total Tax 285,00 Net Supplement Amount 0.00 Net Total 4,534.99 Program Cale Versions Data Versions Supp 0 7.0.441 MAY _12 V Supp 1 7.0.441 MAY_12 V ESTIMATE RECALL NUMBER: 7/13/2012 15:15:20 12- 4831849 -01 Software Version: 7.0.441 Copyright (C) 1994. 2012 Mitchell International Page i of 1 All Rights Reserved Claim Payment Detail Page 1 of 1 Claim Payment Detail ( 12- 4831849 ) Payment Information Disbursement Number: 323246224 Total Amount: $170.00 Draft Number: 2003237421 Invoice Number: 7611082 Paid To: QCSA HOLDINGS INC Mailing Address: PO BOX 1510 BETTENDORF, IA 52722 -0026 USA In Payment Of: Progressive Invoice Number: 7611082 Vendor Information Name: 1099 Required: Type: Reviewed Summary Issuing Rep: LPJ0001 Approved By: Issue Date: 10 -05 -12 Review Date: Last Updated Rep: LPJ0001 Reviewed By: Bank Information Type: Loss Bank Code: 1CD Stop Reason: Cleared: 10 -15 -12 Stop Date: Exposure Detail: COLL Party Name: ADRIAN, JR JAMES D Amount Paid: $170.00 Property Description: 01 FORD WINDSTAR SE Deductible Taken: $0.00 Payment Type: SUPPLEMENTAL PAYMENT Property Damage: $0.00 Rental: $0.00 http: / /claimspayments/ Alpha /C laimsPaymentsWeb /default. aspx ?page =ClaimPaymentDeta... 8/13/2013 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 sworn falsification to authorities. Benja i W. Lawrence Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 4 _:j-urr= Sheriff t atarataer„t{¢ Jody S Smith Chief Deputy 2013 DEC -4 PH 2: 29 tea. Richard W Stewart CUMBERLAND Solicitor ER'}F";4 PENNSYLVANIA Progressive Specialty Insurance vs. Case Number Credit Connection Auto Sales, Inc. 2013-6909 SHERIFF'S RETURN OF SERVICE 11/25/2013 09:26 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Amanda Baer-Secretary, who accepted as"Adult Person in Charge”for Credit Connection Auto Sales, Inc. at 1207 Trindle Road, Middlesex Township, Carlisle, PA 17013. BRIAN GRZY= SKI, D?•UTY SHERIFF COST: $34.78 SO ANSWERS, November 26, 2013 RONNY ANDERSON, SHERIFF .«,: ��r ,.. John M. Ogden, Esquire PROTh0N `j fa 0 t Law Office of John M. Ogden 201 DEC I0 PH 2: 257 East Market Street 7 York, PA 17403 CUMBERLAND CON7Y (717) 718-0406 PENNSYLVANIA F (717) 846-0687 EMAIL: Ogdenjm@gmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY INS., NO. 13-6909 Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC., Defendant. ANSWER & NEW MATTER NOW COMES the Defendant, CREDIT CONNECTION AUTO SALES, INC., by its counsel, John M. Ogden, and file this Answer & New Matter to the Complaint filed November 21, 2013, stating the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further Answer, this was a one car accident where the insured, James D. Adrian, Jr., sustained a total loss to his vehicle. The insured had leased the vehicle, a 2001 Ford Windstar Van, from the Defendant and was he was fully covered by insurance. 4. Denied. The 2001 Ford Windstar Van was operated by James D. Adrian, Jr., who is not an agent, servant, workman or employee of the Defendant. Mr. James Adrian was a customer of the Defendant who purchased the vehicle involved in the accident from the Defendant. The Defendant nor the Defendant's agents, servants, workmen or employees were driving the vehicle at the time of the crash. The insured, James D. Adrian, Jr., was driving at the time of the crash. 5. Denied. As to lines a. through h., all of the allegations are denied. The Defendant nor the Defendant's agents, servants, workmen or employees were driving the vehicle at the time of the crash. The insured, James D. Adrian, Jr., was driving at the time of the crash. The insured leased the vehicle from the Defendant and was driving it at the time of the crash. 6. Denied. The Plaintiff did not sustain any damages as a result of any negligence by the Defendant. 7. Denied. An insurance company can only be subrogated to the claim of its insured, if its insured had a claim. In this case, the insured, James D. Adrian, Jr., was driving the vehicle at the time of the crash and he does not have any good faith cause of action against the Defendant and never has asserted any claim against the Defendant. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the complaint. NEW MATTER 8. The Plaintiff's complaint must be stricken where it fails to comply with the Pennsylvania Rules of Civil Procedure. 9. The Plaintiff's complaint must be stricken where it fails to state a cause of action for which relief may be granted. 2 10. The Plaintiff's complaint must be stricken where it is barred by the doctrines of laches and estoppel. 11. The Plaintiff's complaint must be stricken where the Plaintiff has unclean hands. 12. The Plaintiff's complaint must be stricken where the Plaintiff failed to mitigate its own damages. 13. The Plaintiff's complaint must be stricken where it has no legal basis to subrogate the claim of its insured. In this case, the insured, James D. Adrian, Jr., was driving the vehicle at the time of the crash and he does not have any good faith cause of action against the Defendant and never has asserted any claim against the Defendant. 14. The complaint was filed in bad faith. 15. The Plaintiff's complaint must be stricken where it fails to state with any specificity under which it is based. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the complaint. Respectfully Submitted, Law Office of John M. Ogden DATE: December 6, 2013 BY: John . O..en 3 John M. Ogden, Esquire Law Office of John M. Ogden 257 East Market Street York, PA 17403 (717) 718-0406 F (717) 846-0687 EMAIL: Ogdenjm@gmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY NO. 13-6909 INSURANCE COMPANY, Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC., Defendant. CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the ANSWER & NEW MATTER through the U.S. Postal Service, postage paid, to the following address: BENJAMIN W. LAWRENCE, ESQUIRE WELTMAN, WEINBERG & REIS, CO., LPA 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 Respectfully Submitted, Law Office of John M. Ogden DATE: 1--- ' - v3 BY: __. Jo'. Ogden John M. Ogden, Esquire Law Office of John M. Ogden 257 East Market Street York, PA 17403 (717) 718-0406 F (717) 846-0687 EMAIL: Ogdenjm©gmail.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY NO. 13-6909 INSURANCE COMPANY, Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC., Defendant. VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the pleading and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. CREDIT CONNECTION AUTO SALES, INC. Date: BY: iP FU.. John M. Ogden, Esquire r,� ryRDTypNoTA Law Office of John M. Ogden 2C/3 DEC 257 East Market Street 3 Pit 2: 03 York, PA 17403 `'C�1BERSA `� CpUNTY YLVA (717) 718-0406 NIA F (717) 846-0687 EMAIL: Ogdenjm©gmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY INS., NO. 13-6909 Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC., Defendant. ANSWER & NEW MATTER NOW COMES the Defendant, CREDIT CONNECTION AUTO SALES, INC., by its counsel, John M. Ogden, and file this Answer & New Matter to the Complaint filed November 21, 2013, stating the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further Answer, this was a one car accident where the insured, James D. Adrian, Jr., sustained a total loss to his vehicle. The insured had leased the vehicle, a 2001 Ford Windstar Van, from the Defendant and was he was fully covered by insurance. 4. Denied. The 2001 Ford Windstar Van was operated by James D. Adrian, Jr., who is not an agent, servant, workman or employee of the Defendant. Mr. James Adrian was a customer of the Defendant who purchased the vehicle involved in the accident from the Defendant. The Defendant nor the Defendant's agents, servants, workmen or employees were driving the vehicle at the time of the crash. The insured, James D. Adrian, Jr., was driving at the time of the crash. 5. Denied. As to lines a. through h., all of the allegations are denied. The Defendant nor the Defendant's agents, servants, workmen or employees were driving the vehicle at the time of the crash. The insured, James D. Adrian, Jr., was driving at the time of the crash. The insured leased the vehicle from the Defendant and was driving it at the time of the crash. 6. Denied. The Plaintiff did not sustain any damages as a result of any negligence by the Defendant. 7. Denied. An insurance company can only be subrogated to the claim of its insured, if its insured had a claim. In this case, the insured, James D. Adrian, Jr., was driving the vehicle at the time of the crash and he does not have any good faith cause of action against the Defendant and never has asserted any claim against the Defendant. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the complaint. NEW MATTER 8. The Plaintiff's complaint must be stricken where it fails to comply with the Pennsylvania Rules of Civil Procedure. 9. The Plaintiff's complaint must be stricken where it fails to state a cause of action for which relief may be granted. 2 10. The Plaintiff's complaint must be stricken where it is barred by the doctrines of laches and estoppel. 11. The Plaintiff's complaint must be stricken where the Plaintiff has unclean hands. 12. The Plaintiff's complaint must be stricken where the Plaintiff failed to mitigate its own damages. 13. The Plaintiff's complaint must be stricken where it has no legal basis to subrogate the claim of its insured. In this case, the insured, James D. Adrian, Jr., was driving the vehicle at the time of the crash and he does not have any good faith cause of action against the Defendant and never has asserted any claim against the Defendant. 14. The complaint was filed in bad faith. 15. The Plaintiff's complaint must be stricken where it fails to state with any specificity under which it is based. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss the complaint. Respectfully Submitted, Law Office of John M. Ogden DATE: December 10, 2013 BY: Al■.ill a •den 3 John M. Ogden, Esquire Law Office of John M. Ogden 257 East Market Street York, PA 17403 (717) 718-0406 F (717) 846-0687 EMAIL: Ogdenjm @gmail.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY NO. 13-6909 INSURANCE COMPANY, Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC•, Defendant. CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the ANSWER & NEW MATTER through the U.S. Postal Service, postage paid, to the following address: BENJAMIN W. LAWRENCE, ESQUIRE WELTMAN, WEINBERG & REIS, CO., LPA 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 Respectfully Submitted, Law Office of John M. Ogden DATE: t g/lO I BY: John/Wien John M. Ogden, Esquire Law Office of John M. Ogden 257 East Market Street York, PA 17403 (717) 718-0406 F (717) 846-0687 EMAIL: Ogdenjm©gmail.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROGRESSIVE SPECIALTY NO. 13-6909 INSURANCE COMPANY, Plaintiff, v. CIVIL ACTION - LAW CREDIT CONNECTION AUTO SALES, INC., Defendant. VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the pleading and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. CREDIT CONNECTION AUTO • SALES, INC. Date: � — �G BY: WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff to I.D. No. 209032 325 Chestnut Street, Suite 501 -e - -- Philadel hia, PA 19106 '�" Phone: 215.599.1500 N) Fax: 215.599.1505 File # 20225253 Progressive Specialty } Cumberland County Insurance Company } Court of Common Pleas } Plaintiff } } vs. } Civil Division } Credit Connection Auto Sales, INC. } No. 13-6909 Defendant } PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 8-15. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. As way of further response, after reasonable investigation Plaintiff is without sufficient information to form a belief as to the truth or falsity of Defendant's averments. Strict proof is therefore required at time of trial. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against Defendant. WELTMAN, WEINBERG & REIS CO., L.P.A. By Benjamin W. Lawrence, Esquire Attorney for Plaintiff VERIFICATION I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Reply to New Matter 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. 9 ^ ,- Benjamin W. /Lawrence, Esq. �3 Date