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Home My WebLink About13-7265 Supreme Count of Pennsylvania WWR# 20156454 C Y Jer TWI Court of Common Pleas Civil Cover Sheet ForProlhottotan' L %se Ott4y: C UMBERLAND `,, Counh' Docket No: LS The in bi mation collected on this form is used solely for court administration puiposes. This form does not supplement or replace the filing and sen4ce of pleadings or other papers as required by laiv or rules of court. Commencement of Action: S a 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 INSut NICOLE A BAKER I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: El within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes E3 No Is this an N MJ Appeal? ❑ Yes 63 No A Name of Plaintiff /Appellant's Attorney: Benjamin W. Lawrence,209032 ❑ 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 ❑ 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 1il >aa �I,�Y1 ❑ Other: 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 ►`I' ED -O F ICE L.'F THE PRO H'ot�u TAR '11\11 '1 13 DEC - 9 PM C: � CUMBERLAND Coutq T y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE SPECIALTY INSOf -rf} Ci� Plaintiff NO: VS. COMPLAINT IN CIVIL ACTION NICOLE A BAKER 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 20156454 C Y Jer TWI Q.g, 4'16.3 ec� i��Aga�3 1ugz /8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE SPECIALTY INSWa & COrnPQ'ry Plaintiff VS. Civil Action No NICOLE A BAKER 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 #20156454 PROGRESSIVE SPECIALTY INSURANCE COMPANY Court of Common Pleas Cumberland County vs. NICOLE A BAKER 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, Ohio 44124. 2. Defendant is an adult individual who at all time pertinent hereto resided at 143 E MAIN ST MECHANICSBURG,PA 17055. 3. Plaintiff issued a policy of motor vehicle insurance whereby Plaintiff agreed to insure the motor vehicle involved in this incident ( "Insured Vehicle "), owned by Plaintiff's insured. 4. On or about April 3, 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 200 East Strawberry Avenue, Mechanicsburg, Pennsylvania. i i 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 Plaintiff's vehicle; i 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 Plaintiff Insured's vehicle sustained property damage and /or incurred rental charges in the total amount of $1,561.52. 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 Plaintiff and as a result of the aforesaid payment, Plaintiff became subrogated to the claim of its Insured against Defendant. i i EXHIBIT 1 Date: 4110/2012 01:30 PM Estimate ID: 12- 5014606 -01 Estimate Version: 0 Committed Profile ID: CPA: All Parts PROGRESSM 3950 Hartzdale Drive, Camp Hill, PA 17011 Damage Assessed by: Lic#272085 David Klick Claim Rep: Nova Mccullough (800) 776 -4737 Product Type: Auto ' Date of Loss: 4/3/2012 ' Deductible: 500.00 " Claim Number: 12- 5014606 -01 Insured: CHRISTOPHER RHOAD Claimant: CHRISTOPHER RHOAD Address: 237 E MAIN ST, MECHANICSBURG, PA 17055 Telephone: Work Phone: (717) 780 -7125 Home Phone: (717) 648 -8872 Owner: CHRISTOPHER RHOAD Address: 237 E MAIN ST, MECHANICSBURG, PA 17055 Telephone: Work Phone: (717) 780 -7125 Home Phone: (717) 648 -8872 Mitchell Service: 916623 Description: 1998 Lincoln Navigator Vehicle Production Date: 3198 Body Style: 4D Ut Drive Train: 5AL Inj 8 Cyl 16 Valve 4W D VIN: 5LMPU28L2W W46817 License: GDR0824 PA Mileage: 181,605 OEMIALT: A Search Code: LANCASTER1 Color: BLACK Options: PASSENGER AIRBAG. DRIVER AIRBAG, POWER LOCK, POWER WINDOW, CRUISE CONTROL TILT STEERING COLUMN, LUGGAGE RACK ANTI -LOCK BRAKE SYS., RUNNING BOARDS FOG LIGHTS, ALUMIALLOY WHEELS, 4WD OR AWO, TINTED GLASS, AUTO AIR CONDITION SECOND ROW BUCKET SEAT, THIRD ROW BENCH SEAT, THIRD ROW REMOVABLE SEAT VARIABLE ASSISTED STEERING, ANTI -THEFT SYSTEM, AUTOMATIC HEADLIGHTS AIR SUSPENSION, AM /FM STEREO CASSETTE, DRIVER MEMORY SEAT EXTERIOR MEMORY MIRRORS, FRONT BUCKET SEATS WITH POWER DRIVER SEAT KEYLESS ENTRY SYSTEM, LEATHER AND WOOD STEERING WHEEL, LIMITED SLIP DIFFERENTIAL POWER HEATED EXTERIOR MIRRORS, REAR WINDOW WIPER, STEERING WHEEL AUDIO CONTROLS STEERING WHEEL MOUNTED CONTROLS Line Entry Labor Line Item Part Type( Dollar Labor Item Number Type Operation Description Part Number Amount Units Liftgate 1 601183 BDY REMOVE/INSTALL Liftgate Handle 02 # 2 601184 BDY REMOVEIINSTALL Liftgate Lock Cylinder 0.2 # 3 602050 BDY REPAIR Liftgate Shell Existing 1.5'# 4 REF REFINISH Liftgate Outside C 2,9 5 602055 BDY REMOVE /REPLACE Liftgate Adhesive Nameplate F85Z 7842528 AA 36.67 0.2 6 602056 BDY REMOVE /REPLACE Liftgate Adhesive Nameplate F85Z 7842528 BA 32.18 0.2 7 602060 BDY REMOVEIINSTALL Liftgate Glass Moulding Existing 0.4 #r 8 601219 GLS REMOVE/INSTALL Liftgate Glass 0,3 9 601233 BDY REMOVE /INSTALL UftgateWiperArm Existing 0.2 #r 10 602066 BDY REMOVEIINSTALL Liftgate Stop Existing 0.1 r Rear Lamps 11 602098 BDY REMOVE/INSTALL L Rear Combination Lamp 0.3 # 12 602099 BDY REMOVE /REPLACE R Rear Combination Lamp Assembly Qual Recycled Part 35.00 ' 0.6 # 13 Line Markup 3'025.00 8.75 14 602107 BDY REMOVEIINSTALL Back -Up Lamp 0.3 # 15 601342 BDY REMOVE /INSTALL Stop Lamp 0.2 # Rear Bumper 16 BDY OVERHAUL Rear Bumper Assy 1,4 17 602125 BDY REMOVE /REPLACE Rear Bumper Cover Remanufactured 375.00 INC 18 REF REFINISH Rear Bumper Cover C 2.0 19 602116 BDY REMOVE /REPLACE Rear Bumper Pad YL7Z 17B807 ABPTM 100.58 INC 20 602134 BDY REMOVEIREPLACE Rear Bumper Cover Support YL7Z 17E855 AB 118.65 INC 21 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 3.00 " ESTIMATE RECALL NUMBER: 04/1012012 10:37:03 12- 5014606 -01 Mitchell Data Version: OEM: MAR Copyright (C) 1994 - 2012 Mitchell International Page 1 of 5 Software Version: 7.0.440 All Rights Reserved Date: 4/10/2012 01:30 PM Estimate ID: 12- 5014606 -01 Estimate Version: 0 Committed Profile ID: CPA: All Parts ADDITIONAL OPERATIONS 22 REF ADD'L OPR Clear Coat 1.6 Additional Costs & Materials 23 ADD'L COST Paint/Materials 162.50 24 900500 BDY ' ADD'L LABOR OP CAR COVER Sublet 4.00 " 0.2* MANUAL ENTRIES 25 900500 REF REMOVE /REPLACE FLEX ADDITIVE Sublet 8.00 ' 0.0* * - Judgment Item # - Labor Note Applies ** Non -OEM - Non - Original Equipment Manufacturer Replacement Part C - Included in Clear Coat Cale r - CEG R &R Time Used For This Labor Operation CONTINENTAL AUTO PARTS 768 FRELINGHUYSEN AVE. NEWARK NJ 07114 (973) 621 -0006 (888) 368 -7227 17 ** 1056.0282R 375.00 Recycler Information Section: Newcomers Truck Parts, Inc. 6405 Nunnery Rd. Waynesboro PA 17268 717 - 762 - 1532;717 -762 -2558 12 2000 Lincoln Navigator RIGHT TAIL LAMP ASSY A05035 VA 35.00 Description: 5 -00, QTR MTD . Disclaimer: The price indications on recycled parts are real or composite values, based on the pricing option selected with QRP. Prices are the latest available at 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. Call the automotive recycler of your choice. Prior Damage: SCRATCHES AND DINGS THROUGHOUT ENTIRE VEHICLE ESTIMATE RECALL NUMBER: 04/1012012 10:37:03 12- 5014606 -01 Mitchell Data Version: OEM: MAR Copyright (C) 1994 - 2012 Mitchell International Page 2 of 5 Software Version: 7.0.440 All Rights Reserved Date: 4/1012012 01:30 PM Estimate ID: 12- 5014606-01 Estimate Version: 0 Committed 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 SHORN INCLUDES TIME OR ALLOWANCE FOR MEASURING, BEFORE, DURING AND AFTER THOSE REPAIRS. YOU A-RE 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. EsUmat® Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount To _ II. Part Replacement Summary Amount Body - Units 46.00 0.00 4.00 280.00 T Taxable Parts 706.08 Refinish 6.5 46.00 0.00 0.00 299.00 T Parts Adjustments 8.75 Glass 0.3 46.00 0.00 0.00 13.80 T Sales Tax @ 6.000% 42.89 Taxable Labor 592.80 Total Replacement Parts Amount 757.72 Labor Tax Q 6.000 % 35.57 Labor Summary 12.8 628.37 III. Additional Costs Amount IV. Adjustments Amount _......_ _. ....... _..__........._._ Taxable Costs 165.50 Insurance Deductible 500.00 - Sales Tax ® 6.000% 9.93 Customer Responsibility 500.00 - Total Additional Costs 175.43 Paint Material Method: Rates Init Rate = 25.00 I. Total Labor: 628.37 II. Total Replacement Parts: 757.72 III. Total Additional Costs: 175.43 Gross Total: 1,561.52 IV. Total Adjustments: 500.00 - Net Total: 1.061.52 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 AFTERMARXET 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. ESTIMATE RECALL NUMBER: 04/1012012 10:37:03 12- 5014606 -01 Mitchell Data Version: OEM: MAR Copyright (C) 1994.- 2012 Mitchell International Page 3 of 5 Software Version: 7.0.440 All Rights Reserved Date: 4/1012012 01:30 PM Estimate ID: 12- 5014606 -01 . Estimate Version: 0 Committed Profile ID: CPA: All Parts Inspection Site: CSC CAMP HILL, PA 17011 Inspection Date: 4/10/2012 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 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- 000 -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 vour 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, FRINI= FRAME, MCH= MECHANICAL, ADD'L COST = ADDITIONAL COST, ADD'L OPR= ADDITIONAS, OPERATION, FRT= FRONT, RR= REAP,, L =LEFT, R= RIGHT,UPR= UPPER,LWR= LOWER, OTR= OUTER, INR= INNER, ASSY= ASSEMBLY, SUSP= SUSPENSION, EXT= EXTENSION, BRK= BRACKET, INST = INSTRUMENT, ATG= ASSEMBLY TIME GUIDE. IF THIS APPRAISAL HAS BEEN PREPARED BASED UPON THE USE OF AFTERMARKET CRASH PARTS, AND IF THE USE OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED OR ANY OTHER PART, THE AFTERMARKET 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: ESTIMATE RECALL NUMBER: 04/10/2012 10:37:03 12- 5014606 -01 Mitchell Data Version: OEM: MAR Copyright (C) 1994 - 2012 Mitchell International Page 4 of 5 Software Version: 7.0.440 All Rights Reserved Date: 4/10/2012 01:30 PM Estimate ID: 12- 5014606-01 Estimate Version: 0 Committed Profile ID: CPA: All Parts 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 $15,000. APPRAISER SIGNATURE Event Log File Created: 04 /10/2012 10:26:09 AM Estimate Started: 04110 /2012 10:28:07 AM Estimate Printed: 04 /10/2012 10:37:08 AM Estimate Committed: 04/10/2012 10:37:03 AM Estimate Uploaded: 04110 /2012 01:30:48 PM ESTIMATE RECALL NUMBER: 04/10/2012 10:37:03 12- 5014606 -01 Mitchell Data Version: OEM: MAR V Copyright (C) 1994 - 2012 Mitchell International Page 5 of 5 Software Version: 7.0.440 All Rights Reserved Claim Payment Detail Page 1 of 1 Claim Payment Detail 12-5014606 � Payment Information Disbursement Number: 473819117 Total Amount: $1,061.52 EFT Trace Number: Invoice Number: € Paid To: CHRISTOPHER RHOAD, Mailing Address: 237 E MAIN ST MECHANICSBURG, PA 17055 USA i In Payment Of: COLL -98 LINCOLN NAVIGATOR -LESS 500 /DED . Vendor Information Name: 1099 Required: Type: Reviewed Summary a_ _...._....._.__. _. ....... -.._ Issuing Rep: DRK0012 Approved By: Issue Date: 04 -10 -12 Review Date: Last Updated Rep: DRK0012 Reviewed By: { Bank Type: Loss Bank Code: AS2 Stop Reason: Cleared: 04 -11 -12 Stop Date: Exposure Detail: COLL Party Name: RHOAD, CHRISTOPHER Amount Paid: $1,061.52 Property Description: 98 LINCO NAVIGATOR Deductible Taken: $500.00 Payment Type: FINAL PAYMENT Property Damage: $0.00 Rental: $0.00 http: / /claimspayments/ Alphar' ClaimsPa - ymentsWeh /default.asps ?page= ClaimPaymentDeta... 8/16/2013 Y 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. B amin W. Lawrence Date l /` L SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r ,of Ftrot,/� - Jody S Smith Chief Deputy ' I &<1 -8 r; Richard W Stewart ;; .w- Solicitor ,F �t1 ;� vi i ENlNSyi_Vr NI Progressive Specialty Insurance vs. Case Number Nicole A Baker 2013-7265 SHERIFF'S RETURN OF SERVICE 01/06/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicole A Baker, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 143 E. Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055.The current resident Matt Matula have lived here for four months per the Mechanicsburg Postmaster mail is delivered to the address provided. SHERIFF COST: $55.60 SO ANSWERS, January 06, 2014 RONNIS ANDERSON, SHERIFF SO' WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence, Esquire I.D. No.209032 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 20156454 Attorney for Plaintiff(s) PROGRESSIVE SPECIALTY INSURANCE COMPANY VS. NICOLE A BAKER TO THE PROTHONOTARY: rn rri Cumberland County „�' r . {7, Court of Common Pleas <= D NO. 2013 7265 PRAECIPE TO REINSTATE Kindly reinstate the Complaint in Civil Action in the above - captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Benjamin W. Lawrence, Esquire Attorney for Plaintiff II. ispn cif 1 IS`7q'101 e 3o 87 SHERIFF'S OFFICE OF CUMBERLAND COUNTY LE f; ;. r Ronny RAnderson I -D -O Hc.: Sheriff :i' I HE P OT ONOTAi s f Jody S Smith Chief Deputy Richard W Stewart Solicitor (;PEKE QF THE F-.HEF,IF 2i111 JUN —4 PM 3: 1-; CUMBERLAND COUNTY PENNSYLVANIA Progressive Specialty Insurance vs. Case Number Nicole A Baker 2013-7265 SHERIFF'S RETURN OF SERVICE 04/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicole A Baker, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 05/09/2014 09:30 AM - The requested Complaint & Notice served by the Sheriff of York County upon Palmer Price, Husband, who accepted for Nicole A Baker, at 246 Walnut Street, York, PA 17403. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, May 27, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleoseff. Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerlebere'S q,,, PETER J. MANGAN, ES Sheriff Michael S. Hose Solid Richard E Rice Chief Deputy, Operations Chief Deputy, Administrate PROGRESSIVE SPECIALTY INSURANCE COMPANY vs. NICOLE A. BAKER Case Number 13-7265 SHERIFF'S RETURN OF SERVICE 05/09/2014 09:30 AM - DEPUTY BRANDON POLASH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY HANDING ATRUE COPY TOA PERSON REPRESENTING THEMSELVES TO BE PALMER PRICE, HUSBAND, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR NICOLE A. BAKER AT 246 WALNUT STREET, YORK, PA 17403. SHERIFF COST: $25.24 May 22, 2014 Affirmed and subscribed to before me this 22ND day of MAY NOTARY 2014 14-10( Azag-4 BRANDON POLASH, DEPUTY RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES .t Progressive Specialty Insurance Company Plaintiff vs. NICOLE A BAKER TO THE PROTHONTARY: otHoNA IN THE COURT OF COMMON PLEAS20(4 CUMBERLAND COUNTY, PENNSYLVAN1f N 14 CIVIL DIVISION �aE� �, Civil Action No. 2013 7265 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant NICOLE A BAKER above named, in the default of an Answer, in the amount of $1561.52 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $1561.52 $0.00 $0.00 $1561.52 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benjamin W. Lawren 209032 20156454 C Y Jer HOH Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 And that the last known address of the Defendant is : NICOLE A BAKER 246 WALNUT ST YORK, PA 17403 aA41)' 5 lb, se) Elb.ffr I 1-244061; A"1th gi&,2100S'i? Progressive Specialty Insurance Company Plaintiff vs. NICOLE A BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 2013 7265 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that theollow n Order of Judgment was entered against you on eZb\\`- (xx) Assumpsit Judgment in the amount of $1561.52 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non -Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award NICOLE A BAKER 246 WALNUT ST YORK, PA 17403 Prothonotary Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE SPECIALTY INS Plaintiff vs. NICOLE A BAKER Defendant Case No. 2013 7265 IMPORTANT NOTICE TO: NICOLE A BAKER 26WALNUT STJUN3° Old YORK, PA 17403 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT 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 PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 i WELTMAN, WEINB 'G & REIS CO., L.P.A. By: Michael Dougherty P.A.I.D.# 76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 (215) 599-1500 (215) 599-1505 20156454 Y P H I Progressive Specialty Insurance Company Plaintiff vs. NICOLE A BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 2013 7265 NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, NICOLE A BAKER is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: NICOLE A BAKER 246 WALNUT ST YORK, PA 17403 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. AFFIANT Department of Defense Manpower Data Center ,Status Report Pursuant to Sen, cemcrnbe s Civil Relief Act Last Name: BAKER First Name: NICOLE Middle Name: A Active Duty Status As Of: Aug -06-2014 Results as of : Aug -06-2014 10:02:20 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .✓. ..._ '---Y- - -_ No NA rt This response reflects the individuals' activeduty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ± SNA . _. :"�'. , . • No� } i� NA This response reflects Where the individual left active duty status within 367 bays preceding the Active Duty Status Date I i; f: The Member ort-lis/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA • ., NA ' -_ . . y.:YNW/ NA This response reflects whether Hie Individual or-his/tier unit has received early notification .to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed: Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility .Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: OCU5WFD3KOBF660 Progressive Specialty Insurance Company Plaintiff vs. NICOLE A BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 2013 7265 PRAECIPE FOR DEFAULT JUDGMENT 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 215-5'99-1500 FAX: 215-599-1505 20156454 C Y Jer HOH Judgment Amount $1561.52