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HomeMy WebLinkAbout13-7266 20266414 C Y Jer TWI Supreme Cou1 t a.f Penns, NY «R Court c f Common Pleas Civd °Goy er Sheet For Prothonom-y L'se Only: CUMBERLAND COUrih' Docket No: .. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of'pleadings or other papers as required bi- laiv or rules of court. Commencement of Action: S [a Complaint ❑ Writ of Summons ❑ Petition E th J 1J dictio [3 Declaration of Takin C 4Aa1XNWCx=pany Lead Defendant's Name: T TYLER KUTZ I 0 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? ❑ Yes 13 No Is this an NMJ Appeal? ❑ Yes lB No 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 @1 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 13 Employment Dispute Mass tort) Discrimination C ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ 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 FI LED - O FrCti THE v f ^ fig. Ill+ i t'3 i`u li-,I� I Id DF �9 P�� J 8 CUMB ERLAND CCUIJTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION State Fam �!u ial Automobile IS ' ""' 60it any Plaintiff No: /2 Gv; VS. COMPLAINT IN CIVIL ACTION TYLER KUTZ 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 20266414 C Y Jer TWI e1� 11-24901 1d x92 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION State Farm Mutual Automobile Insurance Company Plaintiff VS. Civil Action No TYLER KUTZ 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 #20266414 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Court of Common Pleas Cumberland County vs. TYLER KUTZ NO. CIVIL ACTION — COMPLAINT 1. Plaintiff is a business organization licensed and authorized to conduct business in the State of Illinois with a place of business located at PO BOX 2371 Bloomington, Illinois 61702. 2. Defendant is an adult individual who at all time pertinent hereto resided at 100 SHED RD NEWVILLE,PA 17241. 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 May 14, 2013 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 Allen and Alexander Spring Road, South Middleton, 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 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 Plaintiff Insured's vehicle sustained property damage and /or incurred rental charges in the total amount of $6,838.51. 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. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $6,838.51 plus interest and costs. WELTMAN, WE NB G & REIS, CO., L.P.A. Benja i . Lawrence, Esquire PA Ikhelstnut 209032 325 Street Suite 501 Philadelphia, PA 19106 (215) 599 -1500 WWR #20266414 EXHIBIT 1 STATE FARM INSURANCE COMPANIES LIKE A GOOD NEIGHBOR, STATE FARM IS THERE 1 STATE FARM DRIVE CONCORDVILLE, PA 19339 PHONE (800) 839 -8050 -- FAX ALL SUPPLEMENT REQUESTS TO (800) 916 -0342 `* ESTIMATE " 05/17/2013 11:49 AM Owner . . W� w ., .. W ..,,,.., _ti.... Owner: BRIAN E LEVAN Address: 104 AUSTIN DR Work/Day: Home/Day: (717)732 -4828 City State Zip: ENOLA, PA 17025 -2685 Cell: (717)497 -1803 Control Information Claim #: 38 -2N36 -02701 Insured Policy # : Loss Date/Time: 05/14/2013 Loss Type: Collision Deductible: $500.00 Ins. Company: State Farm Company Contact: Ray Bond Insured: BRIAN E LEVAN Home /Day: (717)732 -4828 City State Zip: Cell: (717)497 -1803 Claim Rep: Team CP Unit C4 ACC PA NJ Address: Work/Day: (888)713 -4694 Inspection Inspection Date: 05/17/2013 11:42 AM Inspection Type: Field Inspection Location: Residence Contact: Address: 104 Austin Drive Work /Day: City State Zip: Enola, PA 17025 FAX: Primary Impact: Left Rear Corner Secondary Impact: Driveable: No Rental Assisted: Assigned Date/Time: Received Date/Time: 05/16/2013 02:56 PM First Contact Date/Time: Appointment Date/Time: 05117/2013 10:26 AM Appraiser Name: Ray BOND Appraiser License # : 131866 1 Rem ESTIMATE PREPARED BY RAY BOND {ELECTRONIC SIGNATURE) SUPPLEMENTAL REQUEST MUST BE FAXED TO 1- 800 - 916 -0342 PRIOR TO STARTING THOSE REPAIRS. IF NO FAX CALL 1 -800- 839 -8050 ANY SUPPLEMENT TO THIS ESTIMATE REQUIRES THE APPROVAL OF A STATE FARM REPRESENTATIVE PRIOR TO THE PERFORMANCE OF THAT REQUEST. RECYCLED PARTS LOCATED AT AUMILLER'S HALIFAX,PA 1- 800 - 692- 7463,ASK FOR PAT Vehi cle ....._,. ..,..__.._ .. .__. _..,.._ _ __......._. ..., __.. 2000 Subaru Legacy L 4 DR Wagon 05/17/2013 12:20 PM Page 1 of 5 2000 Subaru Legacy L 4 DR Wagon Claim # : 38 -2N36 -02701 05!1712013 11:49 AM 4cyl Gasoline 2.5 4 Speed Automatic Lic.Plate: RATCHET Lic State: PA Lic Expire: VIN: 4S3BH6358Y7310511 Prod Date: Mileage: 130,321 Veh Insp# : Mileage Type: Actual Condition: Code: F2235B Ext. Color: blue Int. Color: Ext. Refinish: Two -Stage Int. Refinish: Two -Stage Options AM /FM Stereo Tape Air Conditioning Aluminum /Alloy Wheels Anti -Lock Brakes Automatic Trans Cruise Control Dual Airbags Intermittent Wipers Keyless Entry System Power Brakes Power Door Locks Power Mirrors Power Steering Power Windows Rear Disc Brakes Rear Window Defroster Rear Window Wiper/Washer Roof /Luggage Rack Split Folding Rear Seat Tachometer Tilt Steering Wheel Tinted Glass Velour /Cloth Seats Damages ' Line Op Guide MC Description MFR.Part No. Price ADJ% B% Hours R Section Replacement & Refinish 1 EU 610 07 Section,RR Body W /Roof RECYCLED PART $1,500.00` +33.00 27.0 SM 2 L 610 13 Section,RR Body W /Roof Refinish 19.7 RF 15.9 Surface 0.6 Two -stage setup 3.2 Two-stage 2 Items MC Message 07 STRUCTURAL PART AS IDENTIFIED BY I -CAR 13 INCLUDES 0.6 HOURS FIRST PANEL TWO -STAGE ALLOWANCE Estimate Total & Entries Other Parts $1,500.00 Paint Materials $512.20 Line Item Markup $495.00 Parts & Material Total $2,507.20 Tax on Parts & Material @ 6.000% $150.43 Labor Rate Replace Repair Hrs Total Hrs Hrs Sheet Metal (SM) $48.00 27.0 27.0 $1,296.00 Mech /Elec (ME) $48.00 Frame (FR) $50.00 Refinish (RF) $48.00 19.7 19.7 $945.60 Paint Materials $26.00 Labor Total 46.7 Hours $2,241.60 Tax on Labor @ 6.000% $134.50 Gross Total $5,033.73 05117/2013 12 26 PM Page 2 of 5 2000 Subaru Legaccyy L 4 DR Wagon Claim f:: 38- 2N36-02701 05117/2013 1149 AM Less: Deductible $500.00 - Net Total $4,533.73 For more information regarding State Farm's promise of satisfaction relating to new non - original equipment manufacturer (non -OEM) and recycled parts, please visit: hftp: / /stB.fm/7X4 or QR code. ' Register online to check the status of your claim and stay connected with State Farm& To register, go to statefarm.com and select Check the Status of a Claim. If you are already registered, thank you! Not available in New Mexico. Alternate Parts Y /00 /00 /00 /00 /00 CUM 00 /00 /00 /00 /00 Zip Code: 17070 HARRISBURG Audatex Estimating 7.0.019 ES 05/17/2013 12:26 PM REL 7.0.019 DT 05101/2013 Copyright (C) 2013 Audatex North America, Inc. 3.8 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO -STAGE REFINISH FORMULA. Op Codes * = User- Entered Value E = NEW PART NG= Replace NAGS EC = ** NON -OEM PART ET = Partial Replace Labor EP = ** NON -OEM PART EU = RECYCLED PART TE = Partial Replace Price PM= REMANIREBUILT PART UM= REMAN /REBUILT PART L = Refinish PC= RECOND PART UC = RECOND PART TT = Two -Tone SB = Sublet Repair N = ADDITIONAL OPERATION BR = Blend Refinish I = Repair IT = Partial Repair CG= Chipguard RI = R & I Assembly P = Check RP = RP- RELATED PRIOR This report contains proprietary information of Audatex and may not be disclosed to any third party (other than the insured, claimant and others on a need to know basis in order to effectuate the claims process) without A udatex Audatex's prior written consent. .� 'SlElt�ft} z.'sar:r�,a�ra} Copyright (C) 2013 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. 0571712013 12:26 PM Page 3 of 5 2000 Subaru Legacy L 4 DR Wagon Claim ft. 33 -2N3 &02701 0511712013 1149 AM Estimate Summary Page Ray BOND Gross Total $5,033.73 Less: Deductible $500.00 - Net Total $4,533.73 Audatex Estimating 7.0.019 ES 05/1712013 12:26 PM REL 7.0.019 DT 05/01/2013 Copyright (C) 2013 Audatex North America, Inc. SM -SHEET METAL ME- MECH /ELEC FR -FRAME RE- REFINISH SY- SYSTEM THIS IS AN ESTIMATE. REPAIR FACILITIES MUST INSPECT THE VEHICLE TO DETERMINE IF ANY REPAIRS NOT LISTED ARE REQUIRED, AND TO CONTACT STATE FARM BEFORE MAKING SUCH REPAIRS. REPAIRER ALSO IS RESPONSIBLE FOR CONDUCTING ANY NECESSARY INSPECTION AND SAFETY CHECKS PRIOR TO AND AFTER COMPLETING REPAIRS. IF THIS APPRAISAL HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS, AND IF THE USE OF ANY 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. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH 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. YOU ARE UNDER NO REQUIREMENT TO USE ANY SPECIFIC REPAIR FACILITY TO PERFORM REPAIRS TO YOUR VEHICLE. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM YOUR CLAIM HANDLER OR ONLINE AT WWW.STATEFARM.COM THIS APPRAISAL INCLUDES ONLY THOSE INCIDENTAL CHARGES, KNOWN AND AGREED UPON BY THE APPRAISER AT THE TIME OF APPRAISAL, INCLUDING TOWING, PROTECTIVE CARE, CUSTODY STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT. ANY TOWING, STORAGE, OR OTHER INCIDENTAL CHARGES KNOWN BUT NOT LISTED ON THE ESTIMATE ARE FORWARDED TO THE CLAIM HANDLER FOR DISPOSITION. FAILING TO PRESENT THIS ESTIMATE TO THE REPAIRING FACILITY BEFORE A REPAIR MAY RESULT IN ADDITIONAL EXPENSE TO YOU. 05/17x2013 12 26 PM Page 4 of 5 2000 Subaru Legacy L 4 DR Wagon Claim # : 35 -2N36 -02701 05/1712013 1149 AM COPY OF THE FORM(S) WAS SENT /GIVEN TO THE CONSUMER ON 05/1712013 12:26 PM Page 5 of 5 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. /jami�in. Lawrence Date / �� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson f. Sheriff r aA7 ttx � Jody S Smith ° r f>"` i ( � J Chief Deputy ",1 C 1 4�"1r7 Richard w Stewart t �, iS yLVA'jl` t� � f State Farm Mutual Auto Insurance Case Number vs. Tyler Kutz 2013-7266 SHERIFF'S RETURN OF SERVICE 12/10/2013 01:40 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Brielle Kutz, sister, who accepted as"Adult Person in Charge"for Tyler Kutz at 100 Shed Road, Lower Mifflin, Newville, PA 17241. DEWS FRY, DEPWrY SHERIFF COST: $41.56 SO ANSWERS, December 11, 2013 RbNW RANDERSON, SHERIFF WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence I.D. No. 209032 325 Chestnut Street Suite 501 Philadelphia, PA 19106 Phone: (215) 599-1500 Fax: (215) 599-1505 File # 20266414 BWL/KMH Attorney for Plaintiffs )4 ON T SUM _8 PH PENSIf �© c,i r STATE FARM MUTUAL AUTO INS vs. TYLER KUTZ TO THE PROTHONOTARY: CUMBERLAND County Court of Common Pleas No.: 2013 7266 ORDER TO SETTLE, DISCONTINUE AND END Kindly mark the above matter settled, discontinued and ended . 11111111111111111111111111111111111111111111111IIIII IIIII IIII IIII WELTMAN, WE BERG & REIS CO., L.P.A. By ' Benjamin Lawrence, Esquire Attorney for Plaintiff