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Home My WebLink About05-1473 . . FORRY, ULLMAN, ULLMAN & FORRY, P.C. BY: PATRICIA MESHON, ESQUIRE Attorney I.D, No. 65216 One Montgomery Plaza, Suite 900 Norristown, PA 19401 Attorneys for Plaintiff, State Farm Insurance Company STATE FARM INSURANCE COMPANY NEWTOWN SQUARE 8 CAMPUS BLVD. PO BOX 499 NEWTOWN SQUARE, PA 19073 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA, . \......--.- : NO.: oS' - JAf13 ClUJ... /0vY\. Ys. FERNANDO GENAO 1427 REGINA STREET HARRlSBURG, PA 17103 And ALLSTATE INSURANCE COMPANY 309 LAKESIDE DRIVE SUITE 200 HORSHAM PA 19044 9226 ROOSEVELT BLVD. PHILA., PA NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the clams 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 RlGHTS IMPORT ANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE OR KNOW ALA WYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service 100 West airy Street (Rear) Norristown, P A 19404-0268 Telephone No, (610) 279-9660, Ex!. 201 FORRY, ULLMAN, ULLMAN & FORRY, P.C. BY: PATRICIA MESHON, ESQUIRE Attorney LD. No, 65216 One Montgomery Plaza, Suite 900 Norristown, P A 19401 Attorneys for Plaintiff, State Farm Insurance Company : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA, STATE FARM INSURANCE COMPANY NEWTOWN SQUARE 8 CAMPUS BLVD, PO BOX 499 NEWTOWN SQUARE, PA 19073 : NO. ()r;;- lLJ11 Clu;L ~~ VS, FERNANDO GENAO 1427 REGINA STREET HARRISBURG, PA 17103 And ALLSTATE INSURANCE COMPANY 309 LAKESIDE DRIVE SUITE 200 HORSHAM PA 19044 9226 ROOSEVELT BLVD. PHILA., PA COMPLAINT 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above captioned address. 2. Defendant, Fernando Genao, is an adult individual and was the non- permissive driver of the motor vehicle involved in this accident on May 18, 2003, and at all times pertinent hereto resided at the above-captioned address. 3. Defendant, Allstate Insurance Company, is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above-captioned addresses. 4. On May 18,2003, a motor vehicle insured by the Plaintiff, hereafter the insured vehicle, was involved in an accident after Defendant, Fernando Genao, took this vehicle without permission of the insured. 5. On the aforesaid date, the insured vehicle was driven by Defendant, Fernando Genao, into vehicles parked on South Front Street near the intersection with First Avenue in Wormleysburg, Pennsylvania when the Defendant, Fernando Genao, who was traveling down South Front Street, carelessly struck one vehicle and pushed it into another vehicle causing damages to the insured vehicle. COUNT I PLAINTIFF vs. FERNANDO GENAO 6. Plaintiff incorporates paragraphs 1 through 5 inclusive as if fully set forth at length herein. 7. Defendant, Fernando Genao, was negligent and careless and the sole cause of this incident in that Defendant: (a) operated the vehicle at an unsafe rate of speed; (b) was inattentive; (c) failed to make proper observation; (d) violated local laws and the laws of the Commonwealth. 8. Defendant is liable as the negligent driver. 9. Defendant is liable for failing to stop at the intersection. 10. Pursuant to the aforesaid policy of insurance, Plaintiff paid for property damages to the insured vehicle that arose out of this incident. 11. Due to this incident, expenses were incurred for damage to the insured vehicle, towing, storage and car rental. 12. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling approximately $13,000.00. 13. Plaintiff also has incurred attorney's fees and costs to recover the money paid due to Defendant, Fernando Genao's negligence and non-permissive use. WHEREFORE, Plaintiff requests Judgment against Defendant, Fernando Genao, in the amount of $ 13,000.00 together with attorney's fees plus interest and costs of suit. COUNT II PLAINTIFF vs. ALLST ATE INSURANCE COMPANY 14. Plaintiff incorporates paragraphs I through 13 inclusive as if fully set forth at length herein. 15. As a result of the motor vehicle accident of May 18,2003, Defendant, Allstate Insurance Company, asserted a claim for subrogation against Plaintiff, State Farm Insurance Company. 16, Defendant, Allstate Insurance Company, filed suit in the Court of Common Pleas of Cumberland County on or about November 12, 2004, captioned Allstate Insurance Company alslo Christel A. Gill v. Ethelinda Adams and Fernando Genao. No. 04-5635 Civil Term. (See copy of Complaint at Exhibit "A".) 17. The vehicle driven by Defendant, Fernando Genao, was insured by Plaintiff, State Farm Insurance Company. 18. Defendant, Allstate Insurance Company, and Plaintiff, State Farm Insurance Company, are signatories of the Inter-Company Arbitration Agreement. ~ ..'..'. 19. Defendant, Allstate Insurance Company's suit against Plaintiff, State Farm Insurance Company's insured, Ethelinda Adams, is in violation of the Inter-Company Arbitration Agreement. 20. Defendant, Allstate Insurance Company, has failed to exhaust all its administrative remedies by filing a suit pursuant to the motor vehicle accident of May 18, 2003. 21. As a result of Defendant, Allstate Insurance Company's failure to comply with the Inter-Company Arbitration Agreement, Plaintiff, State Farm Insurance Company, has incurred attorney's fees and costs to defend the matter of Allstate v, Adams and Genao, No. 04-5635 Civil Term. 22. Plaintiff, State Farm Insurance Company, is entitled to attorney's fees and costs of suit for the defense of the matter Allstate v. Adams and Genao pursuant to the Inter-Company Arbitration Agreement. 23. Plaintiff, State Farm Insurance Company, is entitled to attorney's fees and costs of suit for the defense of the matter of Allstate v. Adams and Genao as a matter of law. WHEREFORE, Plaintiff demands judgment against, Defendant, A1Jstate Insurance Company, for attorney's fees plus interest and costs of suit. FORRY, ULLMAN, ULLMAN & FORRY, P.c. BY: , ?drdlffi /71 J(fr\ Patricia Meshon, ESquire VERIFICATION I, Patricia Meson, attorney for Plaintiff, State Farm Insurance Company, verify that the facts set forth in Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.c. /f"'/"j /J'" ,/ By: : /-'{:c/'/I..l.(t/,( / il.. t?'L2flj,!,;r~\. Patricia Meshon, Esquire __, __, ~. .._................... v......." .........' " lJJ.ll.J..U Cl1.nJS1 .1.1'" li!:IVV.,) 12/02/2004 23,61 n7B6&9395 KEU- y PARKS PAI3E '62 , .... ,13 - fil.. #02-1)4. t40 LAW OmCE5 OF STEWART C. eRA WFOlID :n BY: StewartC. Crawt'ord:m A1TORNEYI.D.: 011827 (") 223 North Moutoe STl8et !!! P.O.1Jox I! < Media, J>A 19063 m Telcpiloo.., (610) 565-7050 '0 W IN THE COURT OF COMMONPL:EAS OF ~COl1NTY,l"ENNSYL4mA CIVlL ACTION-J.A W Bu; c:::t: :z 1'1' -.:::-y -c;~ 0" "'0 =..." rn'" ;;QM ;x..., II> :;t: -c:> - N "tI AU- Insuraa<;e Company alilo CiJristeI A. Gill 309 Lakcaido Drl"., Sui;le 100 fluIsbmn. PI. 19044 IN CIVlL AC'IlON NO: 04l- J:WS Qi~\ol'~ Vi. Ethelinda L. Adams 1131lltn1le 419 Wo=IsdoJf.l'A 19567 TR'JE COPY r'!:'-0'..; r.:ECORO 1'I1'~1oVhBr1';; . _ . 'i.r..u60AlWIland ;~~~~ o~~. ." (;Or~.. PL - ~:~~ and FetD/IIldQ Gomao 1427 Regina Stre<< ffarri&bw-g, PA 17103 NOTICE TO D~~ Y <nJ have been sued in court. If you wish to defend agaimt the claims set forth in tbe following pages, you mUBt take action within twenty (20) days after this complaint and notice are served, . by enterinS il wntteQ. 6ppellllll1"'" personally or by an attomey and filing in writing with the court your defenses or objections to the claims set forth agaiIlst you. Yo.. are wll1.tled that if you fail to do so the case may proceed without you and ajudgmeJlt may be ~ against you by the court 'l11ilJiom' ~ notice for any money claimed in the complaint OJ: fot any other relief ...quesred by the plaiJltiff. You may lose 'money or PLOI'''l'ty or other rights imporlllnt to you. YOU SHOULD TAl<.E TInS PAPER. TO YOUR LAWYER AT ONCE. IF YOU DO NOT1JAVE A LAWYER, GO TO OR 1ELEPHONE THE OFFICE SET FORlH BELOW. TIllS OFFICE CANNOT PROVIDE YOU WITH-INFORMATION ABOUT HIRING A LAWYER. If' YOU CANNOT AFFORD TO HIRE A LAWYER, TInS O:FFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AOENCIES THAT MAY OFFER LEGAL SERVICES TO EUGABLE PERSONS AT A REDUCED FEE OR. NO fEE. CUMBERLAND COUNTY BARASSOClATION 3Z soum BEDFOlU> STREET CARLlSLE,PA 11013 (717) :Z49-316ti (800) 990-9108 4_1__IV~ ~,.~O rAA V~V~,~~~,~ ~lAJ.'b t'-AKM.~_ IgJ004 12/02/2004 23:61 71 786693S5 KE1-L Y PARKS PAGE 03 :File {# 02-04-140 LA WOl'PlCESOF S!EW ART C. eRA WFORD ,BY: stew.rtC. Ctllwfiml.Esq~ ATTOltNEYI.D. #fJ9827 213 North Monroe Street P.O, BI>>< E MediI', PA 19063 l'elepbone: (61 o~ 565-7050 IN THE COVllT OF COMMON PLEAS OF CUMBEBLAND COIDnY, I'E!'lN$YL V.c\NU. CIVIL ACTION-UW AlIstaUr ~ Compeny.a1s1o Christel A. Oil! 309 LIlkC41idc Drive. Suite 100 Harsham. PA 19044 IN crvn. ACflON NO: VI. EtheliDdaL. jl.dams 1131 Route 419 Woruelodorf,PA 19567 &Dd FemaDdo Genao l4~7 Regina Street Harrisburg. PA 17]03 'COMPLAJNT I. Plaintiff is an imurance oompany licensed and BUthon:zed to do business in the Commonwc:aith 9!Pennsylvania with one afits principle places of business at the above captioned address. 2. Defendant Ethelinda Adams is an ad.u1t individual and was 1Iw owner of the motOr vehicle involved in thh accident on May 18. 2003, lIUd ut all .times pminent beret.. resided at the abQve-caption"d address. 3. Defendant Femando Genao is an adult individual and: lit all times pertinc.nt bereto resided at the above'uptioned address and was the opeIator of Defendant 0_'. motor vehicle and did so as an agent, ~ workman or employee on behalf of the owner. ~...(......,..... ~..~o 444 V~VV,~~~'V ,:)J.1\..Lr.. r~~._ "Yvuo On May IS, 2003, a moJ ~cle insun:d by the 1>laintift ~dle I insumi vehicle, was involVed in an incident with Defem1ants. On the aforeS!lid date. th~ins~d vehicLe wII&legaUy parked on South . Pront Street IICIIr the ~on with Fim Avenue in Wormlsysburg. pennsylvllDia wbero the DIofeDdant, who _ travelina down south Front I Street, carelessly struck ~ inswed vebicle aDd pushing it imo another vehicle causing damages !to the insUI-ed vehicle. , Dm:ndant driver was n~g'ent aDd careless and the sole cause of this Uwident in that Oefendmjt: (8) operated thevehlcle at an umafe rate of speed; (b) was ina+ve; (c) failed 10 Jj2ake proper obsl:lVation; (d) violaled lbcallaws lIIld me laws of the Commonwealth. Purs\Iant to the afotesBiJ policy of insurance, Plaintiffbeeame liable for damages that arose out o~ this inl:ideJ:lt, Due to this incident, ,,+es were incuued ~r "'iI'W'gt" to ~ ins-uml vdJicl~ towing, stoIllge fd car rc2IW. ' Pursuant to the afote88id policy of i>>suxaoce, tbe Common Law and gov<<Dillg statutes, Pl~i$ subrogated for all money paid and seeks recovery of1hc:sc: SUlllS tbwng $4,565.54. I i i COUNT [ PLAIN'llFF YO. FERNANDO GENAO I Plaintiff incorporates pllrag%llphs I tbrough 9 inclusive as if fully set forth at length hmeln. I Defendant is liable as tOe negligent dri1ter. I l~ Defendant is liable for failing to stop at tile intersection. WHEREFORE, Plabnitf Q""J.... ju~t for S4,565.54 plus interest and costs of suit. 12f02f2ee4 23:01 . 10. 11. 7179&&9395 KEL.l Y 'PAI<KS PAGE M 4. 3. 6. 7. i. 9. ._f"fV~ ~~:~~ r'AA OlU~11117J STATE FARM INS @006 . 12/B2/2B64 23:01 KEU.. y PARKS ~ 0!l 71.7B&6S3S5 'COUNT~ 1>LAINTIFFin. ETHELINDA ADAMS 13. Plaintiffincozporale8 ~ 1 through t2 inclusive as iffully set forth lit leagth herein. 14. Oefendaut 0W1lef is liable'under the Doctrine of Respondent Superior for -the flllgUgeuce of Defendant driver. 15. De1endant OWller _ negligent in eno:utrting this D:I0t0r v!lhicle to 1iODleone who Defendm:lt latew or could Iwre known was a dangmlus, ,unlio:ensed, inexperieoced or careless with a motor vehicle. WHEttBFORE. pJaintjjf dewands judgment for S4,S65.54 plus interest lIIJd costs of suit. JlL.Jr!6~ STEWART C. CRAWFORD. iESQ AtIllmey for Plaintiff ._,__,v~ ~_._v rAA U~V~I~~~I~ - - ;)+J\J.b .1'.tUUJ. J.N;:) ~007 . 12/62/2664 23;61 717B569395 KELL V PARKS PAGE: j;J6 . . VERlFICA.TION The U11dersigDed verifies that tile statements contained in the ~oing Complaint lIfC-tme quc;l <:OneCt. The unde:rsigDcd uuderstsnds that false statements hen=in are made subject to the penalties of 18 Pa C.S. Section 4904,....latina to UDSWOttl fit1sifi(;lltioD to lluthorirles. MJrtt~ STEWART C. CRAWFORD, ES Allstate Insurance Company "9- ~\0 - <n. ~ ,,0. "i,- ...c.-cJ b ~ f =f?- -L '~',;.,'l - C~, , ._-i ~'''-) ."' 8 ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS GENAO FERNANDO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea hand and inquiry for the within named DEFENDANT , to wit: ALLSTATE INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefor deputized the sheriff of MONTGOMERY County, pennsylvani , to serve the within COMPLAINT & NOTICE On April 18th , 2005 , this office was in receipt of t e attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 6.00 9.00 10.00 33.00 .00 58.00 04/18/2005 FORRY ULLMAN ./ So answer~ / .::::~~""...-::~-:;;;-:o--:..;- R. Thomas Kline Sheriff of Cumberland County FORRY ULLMAN Sworn and subscribed to before me this 0( )- day of ~ i__ CXOQ,' A.D. fA' D:. , P?;2h~~~ SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2005-01473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS GENAO FERNANDO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: ALLSTATE INSURANCE COMPANY but was unable to locate Them in his bailiwick. He therefor deputized the sheriff of PHILADELPHIA County, Pennsylvani , to serve the within COMPLAINT & NOTICE On April 18th , 2005 , this office was in receipt of t e attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141.00 04/18/2005 FORRY ULLMAN So ans\\T",r-s-;-c7 , -".-') --- ~'" ~.2~ R. Thomas Kline Sheriff of Cumberland County ,// ULLMAN FORRY Sworn and subscribed to before me this ~--- day of c::.?.==,~ A.D. ?:;?tfl;;ot~~ ~ t.--l:~ -~k~ ..'. - SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2005-01473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS GENAO FERNANDO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea hand and inquiry for the within named DEFENDANT , to wit: GENAO FERNANDO but was unable to locate Him in his bailiwick. He therefor deputized the sheriff of DAUPHIN County, pennsylvani , to serve the within COMPLAINT & NOTICE On April 18th , 2005 , this office was in receipt of t e attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 26.25 1. 48 64.73 04/18/2005 FORRY ULLMAN So ansv.:,:7S..s~;~-:? ~~~ -.".,""'-..-.- /, -'- ...----. ----- -~~~~~- R. Thomas Kline Sheriff of Cumberland County -..:::::;> ULLMAN FORRY Sworn and subscribed to before me this c2 \-....__ day of O~ c::2o c.~ A.D. t.~~~ - Prothonotary -~ In Tbe Court of Common Pleas of Cumberland County, Penn ylvania state Farm Insurance Company VS. Fernando Genao et al SERVE: Fernando Genao 05-1473 c'vB No, Now, March 21, 2005 , I, SHERIFF OF CUMBERLAND COUNTY P A, do hereby deputize the Sheriff of Dauphin County to execute this rit, this deputation being made at the request and risk of the Plaintiff. ,;9' 0h ~('?# . .,,;.../.X ..r ~~e:.4'<.4~:~~~ . Sheriff of Cumherland County, PA Affidavit of Service Now, ,20 ,at o'clock M. se ed the within upon at by handing to a copy of the original' and made known to the contents thereo . So answers, -r., -.,' .' i., Sheriff of " Co;~~, PA.:.' ,,''''' 2"-, ,20_ COSTS SERVICE MILEAGE AFFIDA VIT ~ ii_, Sworn and subscribed before me this _ day of $Ci '--"- . .,,,, $ @ffb:~ of flp~ ~4cJ:iff William T. Tully Solicitor 1. Daniel Basile Chief 0 puty Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chi f Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania STATE FARM INSURANCE COMPANY vs County of Dauphin GENAO FERNANDO Sheriff's Return No. 0518-T - -2005 OTHER COUNTY NO. 05-1473 CIVIL AND NOW:March 23, 2005 at 2:16PM served the within NOTICE & COMPLAINT upon GENAO FERNANDO by personally handing to AGELIA MATEO, RESIDENT 1 true attested copy(i s) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1427 REGINA STREET HARRISBURG, PA 17103-0000 NOT ARIAL SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, :;~ Sheriff 0' Dauph' Sworn and subscribed to before me this 25TH day of MARCH, 2005 ~tdJ Dep Costs:$26.2 03/22/20 5 RCPT NO 205109 MP - In.court of Common Pleas of Cumberland County, Penn ylvania State Farm Insurance Company VS. . Fernando Genao et al SERVE: Allstate Insurance Canpany 05-1473 ci il No. Now, March 21, 2005 , I, SHERIFF OF ClJl\iffiERLAND COUNTY, P A, do hereby deputize the Sheriff of Montganery County to execute this rit, this deputation being made at the request and risk of the Plaintiff. ~~ ~. -r ""',;:.:;;?~ "f'::~.R SheriffofCurnberland County. PA Now, Affidavit of Service ,) it ~ c/l .. .3 (i , 20 tJS: at / t j.f: 'clock ;1-- M. se d the (} r ~42-- / f t/;C:. within by handing to V5t/ A'.,4;/c-/ l/jJ ;2~-;3 ;'4(/ /;: C<c7 ' upon jL-..----:~ Df/fle: at Cr ;If I 'E I?f ~1 a copy of the original' ()/-j?el- pr -:/'v and made known to ;/13# /0 . the contents thereo . So answers, IJ;-I;4t> jt!lc;p/ /-- J' ",'-6) Sheriff of County, PA COSTS SERVICE :MILEAGE AFFIDAVIT $ R NOIUlY Public NORRIS TOWN BOROUGH,MONTGOMERY COUNTY' My Commission Expires Dee' 3. 2008 $ ~ ;{ b R. THOMAS KLINE Shariff EDWARD L SCHORPP SaUdtor OFFICE OF THE SHERIFF One Courihouse Square Carlisle, Pennsylvania 17013 RONN R, ANDERSON hief Deputy JO Y S. SMITH Real Estate Deputy TO: Hon. John Durante Montganery County Sheriff RE: , State Farm Insurance Com any VS Fernando Genao et al 05-,1473 civil, ~ar Sheriff: Enclosed please find Notice and Complaint to be served upon Allstate Insurance Caupany 309 Lakeside Drive suite 200 Harsham, PI'. 19044 in your County. ond us your return of service. ~t~ttlN'3tlN~~,0;; 54 C;'r1 d f'- j v _ Very truly yours, REL~TIO!l (POSITION //1 /' /.# ./3 L,..,I~/, ~~.f~A' PL''::EJf SE;;,'CE _ J p / ~ ~ ~. Thomas Kline, Sheriff TIME OF SEA\~CE / r 3CJ ~tl' , Cumberland County, P~ania OlT< n< ~ri<I.~Gf .;> , NUMBER OF ~TTEM?TS I /J;j- [.-; /lL DPUTY_ IItfyJlAl III fa J DEPUTY /! n l:J I ..., VICE u,l1df l~ST DAY OF SER ' ~ ( ,) ) \ :\" ( I' " .' . I~ The Court Of Common Pleas of Cumberland County, Penn ylvania State Farm ~rsurance Company 1 'vs.. Fernando Genao et al SERVE: Allstate Insurance Canpany No. 05-1473 c vil Now, March 21, 2005 , I, SHERIFF OF CUMBERLAND COUNT hereby deputize the Sheriff of Philadelohia County to execute this rit, this deputation being made at the request and risk of the Plaintiff. ~,?" "/' .-;" . v.~" .~:c:.n"'~<. ~f"~i'~~ , Sheriff of Cumberland County, P Affidavit of Service within c f\ '\ /\ ~\>_t 'f <J- r I'l.\<-\. ~ , 20 0 ~ ,at \, 0' clock \ . M. se ed the Now, ""--,........., --- [' upon \ \ '9 \~ \~.L10SuRArJ~ _v at qXAb e.v'S (.J \J<Q. \'1"' ~~\J':J, ';) by handing to E-,~ ~ <:, Q-':J tV I\...-..Q.... a copy of the original' and made known to ~ the contents ther of. So answers, ( C' ~7'=-~; ) ~~ .... ',).-0 u""" ....>\Q.l\...i Co nty, PA COSTS Sworn i(1~Ub'orib1ifi: ~ SERVICE me this day of 200S MILEAGE AFFIDAVIT COMMONWLALfH Ur rf.r..I"SYLVANIA OT ARIAL SEAL I SUSAN l. ROSENFELD, Notary Public City of Philadelphia, Phila, County ,/ My CommiSSion Ex~'ces M2rch 11, 2008 $ $ RECEIVED MAY 09 2005Y '" FORRY, ULLMAN, ULLMAN & FORRY, PC By: Patricia Meshon, Esquire Attorney J.D. No. 65216 One Montgomery Plaza Suite 900 Norristown, PA 19401 (610) 278-7520 Attorneys for Defendant, Ethelinda 1. Adams and Plaintiff, State Farm Insurance Company Allstate Insurance Company a/s/o Christel A. Gill vs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Ethelinda 1. Adams and Fernando Genao CIVIL ACTION - LAW and DOCKET NO.: 04-5635 and 05-1473/ State Farm Insurance Company VS. Fernando Genao and Allstate Insurance Company ORDER And now this 10 day of ~ ,2005 upon consideration of the Petition to Consolidate and any responses thereto it is hereby ORDERED and DECREED that the above-captioned matters are consolidated for all purposes, including arbitration and trial. All pleadings shall be filed pursuant to the Court term and " Genao and Allstate. / J. , , ~ ,. '" t , ~ ~ '" L \.r r , ~, f \r '>~\ :t. ~ FORRY, ULLMAN, ULLMAN & FORRY, p,c. BY: PATRICIA MESHON, ESQUIRE Attorney 1.0, No, 65216 One Montgomery Plaza, Suite 900 Norristown, PA 19401 Attorneys for Plaintiff, State Farm Insurance Company STATE FARM INSURANCE COMPANY NEWTOWN SQUARE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA, VS, NO: 05-1473 FERNANDO GENAO And ALLSTATE INSURANCE COMPANY PRAECIPE TO REMOVE AND/OR STRIKE COUNT II OF COMPLAINT TO THE PROTHONOTARY: It is agreed among counsel that Count II of the Complaint in the matter of State Farm VS. Allstate and Genao may be stricken. By: STE~ESQUJRE ~ ~ n>lL PATRICIA MESHON, ESQUIRE By: J. (.,) - -" L^J (,n_ - FORRY, ULLMAN, ULLMAN & FORRY, P.c. BY: DAVID R. FRIEDMAN, ESQUIRE Attomey I.D. No. 76494 One Montgomery Plaza, Suite 900 Norristown, PA 19401 Attorneys for Plaintiff, State Fann Insurance Company STATE FARM INSURANCE COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. vs. FERNANDO GENAO : NO.: 05-01473 and ALLSTATE INSURANCE COMPANY PETITION FOR APPOINTMENT OF ARJIUTRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Friedman, counsel for the Plaintiff in the above action, respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the Plaintiff in this action is $13,000.00. The counter claim of Defendant is $4,565.54. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: David R. Friedman, Esquire. Stewart e. Crawford, Esquire. WHEREFORE, your petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. FORRY, ULLMAN, ULLMAN & FORRY, P.e. BY: ~ rv}(2~ David R. Friedman, Esquire ORDER OF THE COURT AND NOW, ,2005, in consideration of the foregoing petition, , Esq. , , and , Esq., are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, J. (:) 1-~ -- "-' ~ - \ (f1 ...:? - \) ~ --- U( \) D -J r- ~ ~:~, ~ <J~ .-\ -r: "'\~ (-':';: fnF':-, S::. -~r::J' .,;.-- -nl.....;. ~ \~\~~! ~ ':~:J.<:-~ -- ,/-,-(\ '~:,~ o 'D :c< :;;- v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1473 CIVIL TERM STATE FARM INSURANCE COMPANY FERNANDO GENAO V. ALLSTATE INSURANCE COMPANY IN RE: ARBITRATION ORDER OF COURT AND NOW, August 8,2005, the Court having been informed that the above-captioned case has been settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Ruby D. Weeks, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, GJlWY)J Ruby D. Weeks, EsqUire)' 10 West High Street Carlisle, PA 17013 -JYl,,:;.,J-I Court Administrator 1'/1/&>.)--- r- N ?;. 0 ~. .' I-:: :::: '{59. ~Q '~t% c: 0- ~~ '6 ~ a:J , <.J) ~ .,g ~ E; :SS 07- '.);a". ~)?J .'r ...."- (/) ".J7-:. r-'. ;"nlb ;.1.\0- :Z 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA STATE FARM INSURANCE COMPANY v. : NO.: 05-01473 FERNANDO GENAO And ALLSTATE INSURANCE COMPANY PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Enter judgment in favor of Plaintiff and against Defendant. Fernando Genao for want of an answer. ( ) Assess Damages as Follows Debt $ 13,000.00 $ Interest $ Total $ 13,000.00 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNT AS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. [certify that written notice of intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. R.C.P.237.1 ~ Attorney for Plaintiff David R. Friedman, Eso'! 76494 Print/Type Name and I.D Number (610) 278.7520 Phone Number This &, Rday of ctM7:JfLI l ,2006, judgment is entered in favor of Plaintiff and against Defendant, Fernando G nao by default for want of an answer and damages assessed at the sum of $13,000.00 as per the above certification. ~ FORRY, ULLMAN, ULLMAN & FORRY, P.e. David R. Friedman, Esquire Attorney LD, No.: 76494 One Montgomery Plaza Suite 900 Norristown, PA 19401 ST ATE FARM INSURANCE COMPANY Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A. : NO.: 05-01473 FERNANDO GENAO And ALLSTATE INSURANCE COMPANY PRAECIPE TO ENTER JUDGMENT TO THE PROHONOTARY: Please enter judgment in favor of Plaintiff, State Farm Insurance Company, and against Defendant, Fernando Genao for failure to answer the Complaint. A copy of the Dauphin County Sheriff Order for Service showing that service was made on the 23rd day of March, 2005, is attached hereto and marked as Exhibit U AU. A Copy of the Ten (10) Day Default Notice and the Certified Mail Receipt showing that date of delivery was January 7, 2006, are attached hereto and marked as Exhibit uBu. Please assess damages in the amount of $13,000.00 plus interest, penalties and cost of suit, being the amount demanded in the Complaint. FORRY, ULLMAN, ULLMAN & FORRY, P.c. ~~ DAVID R. FRIEDMAN,ESQUIRE Attorney for Plaintiffs Date: March 27, 2006 FORRY, ULLMAN, ULLMAN & FORRY, P.e. David R. Friedman, Esquire Attorney LD. No.: 76494 One Montgomery Plaza Suite 900 Norristown, PA 19401 STATE FARM INSURANCE COMPANY Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A. : NO.: 05-01473 FERNANDO GENAO And ALLSTATE INSURANCE COMPANY AFFIDAVIT OF NON-MILITARY SERVICE DA vrD FRIEDMAN, ESQUIRE states that, Fernando Genao, Defendant in the within action, is over eighteen years of age, his last known address is 1427 Regina Street, Harrisburg, P A 17103 and is not in the military or naval service of the United States of America, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of 1940 and its amendments. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.c. ~ DAVID FRIEDMAN, ESQUIRE BY: !Lrl'l I DATE: 'J ,:x -Ds FORRY, ULLMAN, ULLMAN & FORRY, P.e. David R. Friedman, Esquire Attorney LD. No,: 76494 One Montgomery Plaza Suite 900 Norristown, PA 19401 STATE FARM INSURANCE COMPANY Attorney for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A. : NO.: 05-01473 FERNANDO GENAO And ALLSTATE INSURANCE COMPANY CERTIFICATION OF ADDRESSES I certify that the addresses of the parties to this action are as follows: Plaintiff: State Farm Insurance Company 8 Campus Boulevard, P.O. Box 499 Newtown Square, PA 19073 Counsel: David R. Friedman, Esquire One Montgomery Plaza, Suite 900 Norristown, PA 19401 Defendant: Fernando Genao 1427 Regina Street Harrisburg, PA 17103 Counsel: None on Record Sworn and subscribed before me this ~'1f' day of March 2006 _ J<oJ;.1.i. LJ ~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Karla H. Wi\\iarrs, Notary Public Nor';~:()\Nn Bora, Montgomery County I MYc....~missionExPresJan.14,2010 M;-l';loel, i-'ennsylva.nla Association of Notaries EXH\B\T \~ (f: Jitt of :tly~ ~lr~:rL_f William T. Tully SoliCitor J. Danicl Basile Chief Deputy Mary Jane Snyder IU:aI Estate Deputy Michacl W. Rinehart Assistant OliefDeputy DltUPhin County Hanisburg, PennsylVlUlia 171 01 ph: (I J 1) 255.2660 fiIx: (717) 25.5-2889 Jack Lotwick Sheriff Commonwealth of PeIUIsylvania : STATE FARM INSURANCE COMPA'NY vs. County of Dauphin GllNAO FERNANDO Sheriff's Return No. 05J.S-T - -2005 OTHER COUNTY NO; 05-1473 CIVIL AND NOW:Ma~ch 23, 2005 at 2: 16PM served the within NOTICE & COMPLAINT upon GENAO F.ERNANDO by personally handing to AG~IA MAT~O, RESIDENT 1 true attested copy(ies) of the original NOTICE &. COMPI.AJ:N'1' and making known to him/he~ the contents thereof at 1427 REGXNA STREET HARRISBURG, PA 17103"0000 Sworn and $ubscri:bed to before me this 25TH day of MARCH, 2005 So Answers, Jf~ NCTARlAL SEAL MARY IANI'. SNYDER, Notary Public Higbspire, Dauphin County My Commission Expires Sept. 1,2006 03/22/2005 ~&J MP '313 (/:0 39'1d NIIWllIl A&JD3 661>1:LLLIH91 1:1:1:1 913131:/11:/1>13 I,n Tbe Court of COD...-.ton Pleas of Cumberland Lounty, Pennsylvania State Farm Insurance Company . vs. Fernando Genao et al SERVE: Fe:mandc, ~ No. 05-1473 civi~ Now March 21, 2005 - , , r, SHERIFF OF CUMBERLAND COUNTY, ~A, do Dauphjn County to execute this Writ, this hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. r~~t:~ . ShoriffofCumb.".land COunty. i'A Affidavit of Service Now, , 20_. at o'clock M. served the within . upon, _ at by handing to a copy' of the original . and mace knOVin to the contents thereof So ariswers, . SWOT'll and subsctibed before me this ~ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT <=;> ;0 c.n .. '" ~ ::;?'("~e m ~ .jJ~.:t"..)o oeo;,~'!l~ m :.,.~:.;2~ - ;1.'_ -",z <c: :;= ;: -. ':: {'".~ m - "(":"-'C' , __ '.',"1't,':' $0 ;i~i:!' w Sheriff of ,- $ 913/rfJ 39\!d N'ilWTln ^~~O.:l 66l>ULL13t9t It:lt 91313l/tlll>0 E){tUB'" l~ . Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. , Article Addressed to: D, Is delivery address different from item 1 . II YES, enter delivery address below: F(.r n ancLo Cxncw /l-f:;) '71?tji na 3freef- L/t1rnS k2D-;j r PA / r; /{J 3 . 3. ~ice Type ~ertilied Mail 0 Express Mail o Registered ~eturn Receipt for Merchandise o Insured Mail 0 C,O,D, 4, Restricted Delivery? (Extra Fee) DYes , Article Number (Transfer from service labeQ S Form 3811, February 2004 7004 0750 0002 7772 4053 Domestic Return Receipt 10259S-Q2.M.1540 1t,~..\!l.4o't':.)::~'~":!-!"'''i''\ u..; ~ fT1 LI1 CJ S ru l"- I"- I"- Postage ru CJ CJ Return Reciept Fee CJ (Endorsement Required) o Restricted Delivery Fee LI1 (Endorsement Required) I"- CJ Certified Fee Total Postage & Fees $ s CJ SenITo . G. -. ,,: CJ ...kr.DQIX1,Q...___?:(!J(.l:Q.....mn.........:.___.m.mm.... I"- ;?~:i;~:4L:t~:~1~~J.t):I,l::LJSiru. ~ ..f..dm___.m.____m. . . .\ 0 '~"p~ . .--' -r-,t )y,L;;},).-- FORRY, ULLMAN. ULLMAN & FORRY. P.e. David R. Friedman, Esquire Attorney I.D. No. 76494 One Montgomery Plaza, Suite 900 Norristown, PA 19401 Attorney for Plaintiff, (610) 278.7520 State Farm Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLA.ND COUNTY, P A 8T A TE FARM INSURANCE COMPANY v. No.: 05-01473 FERNANDO GENAO and ALLSTATE~URANCECOMPANY NOTICE OF INTENTION TO TAKE A DEFAULT JUDGMENT TO: Fernando Genao 1427 Regina Street Harrisburg, PA 17103-0000 DATE OF NOTICE: January 3,2006 YOU ARE INDEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLES YOU ACT WITHIN TEN (10) DAYS FOR THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ----~_..~._-~.---------_.._---_._._-_._-----_.._--_._-_._----_.__...._-_._-_.,--_._._---~.__... "-_.~~------- LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TION 32 South Bedford Street Carlisle, P A 17013 (717)249-3166 F::d):9~Y'PC DAVID R. FRIEDMAN, ESQUIRE Attorney for Plaintiff ~ ;z) ~ -6q t\:- ...0 (") r'~ ~ , ,-,":1 :-) \) ,-,", -" >""\~ F - - C> (-' -.:( (/( ~ 1 " a- ~ C" ~ -c: ~ ~ ()0 .-,., - - ~ 1- ".---- R' .. ('''' wi (' (RULE OF CIVIL PROCEDURE NO. 236 - REVISED) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A. v. FERNANDO GENAO : NO.: 05-01473 and ALLSTATE INSURANCE COMPANY NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. ~. If you have any questions concerning the above, please contact: ~ ~ David R Friedman, Esquire Attorney or Party Filing One Montgomerv Plaza, Suite 100 Address Norristown, PA 19401 (City, State, Zip) (610) 278-7520 Phone No. FORRY ULLMAN David R. Friedman, Esquire Attorney LD. No.: 76494 One Montgomery Plaza Suite 900 Attorney for Plaintiff Norristown, PA 19401 STATE FARM INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA : NO.: 05-01473 v. FERNANDO GENAO and ALLSTATE INSURANCE COMPANY Defendant AFFIDAVIT DAVID FRIEDMAN, ESQUIRE, being duly sworn according to law, deposes that he is a representative of Plaintiff; that he is authorized to make this affidavit on behalf of Plaintiff; that the transaction referred to in the complaint is in connection with a motor vehicle accident I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BY~O DAVID FRIEDMAN Attorney for Plaintiff ~ DATE: ~ ~ w ^J lS C> " It. D- :.J ~ ~ \f- ~ ()..l b lJ) +- ~ -:r:- \"..' 'c.;;.; c~ e-'n -f') ~~ .,) '" X;:' cP