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HomeMy WebLinkAbout14-5633 Supreme Co.' ennsylvania COU leas For Prothonotary Use Only. 1M Docket No: r's CUM eti0m County i - 5(033 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ® Writ of Summons 0 Petition E Q Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: ERIE INSURANCE COMPANY EMMANUEL BEDIAKO T I Are money damages requested? El Yes D No Dollar Amount Requested: Owithin arbitration limits . (check one) [3 outside arbitration limits N. Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff/Appellant's Attorney: GEORGE A. MILLER, ESQ. 13 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 Ton) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment ®x Motor Vehicle 0 Debt Collection:Other [3 Board of Elections 13 Nuisance Dept.of Transportation Q Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include Q Employment Dispute: Emass tort) Q Slander/LibeU Defamation Discrimination C 0 Other: Employment Dispute:Other Zoning Board T0 Other: Z E3Other: O MASS TORT Asbestos N E3Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 13 Toxic Waste [3 Other: D Ejectment [3Common Law/Statutory Arbitration B © Eminent Domain/Condemnation [3Declaratory Judgment Ground Rent ®Mandamus 13 Landlord/Tenant Dispute Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL.LIABILITY [3 Mortgage Foreclosure:Commercial13 Quo Warranto 0 Dental 0 Partition D Replevin 0 Legal 0 Quiet Title 0 Other: Q Medical 13 Other: Q Other Professional: Updated 1/1/2011 I SEP 22 PM 12: ",8 CUMBERLA1,14D COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, CASE NO. 14 - 56-33 Civ ��EXa1 Plaintiff, CODE NO. VS. TYPE OF PLEADING: EMMANUEL BEDIAKO and UNITED COMPLAINT IN CIVIL ACTION ROYAL ENTERPRISES, INC., FILED ON BEHALF OF: Defendants. ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: GEORGE A. MILLER, ESQUIRE Pa. I.D.No. 22525 BROMBERG&MILLER FIRM I.D..No. 937 1030 Fifth Avenue, Suite 102 PITTSBURGH, PA 15219 File No. 58571 (412) 232-0440 0 *115. Pb AT" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, Plaintiff, VS. No. EMMANUEL BEDIAKO and UNITED ROYAL ENTERPRISES, INC., Defendants. 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 attorney and filing in writing with the court your defense 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 BRING 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. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, Plaintiff, vs. No. EMMANUEL BEDIAKO and UNITED ROYAL ENTERPRISES,INC., Defendants. COMPLAINT IN CIVIL ACTION AND NOW come(s) ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, by and through attorney, GEORGE A. MILLER, ESQ., and BROMBERG & MILLER,Attorneys at Law,and file(s)the within COMPLAINT IN CIVIL ACTION as follows: 1. The Plaintiff is ERIE INSURANCE COMPANY a/s/o KAREN M. TRYNOSKI, an insurance company authorized to do business in Pennsylvania, whose business address is 100 Erie Insurance Place, Erie, PA 16590. 2. The Plaintiff s insured is Karen M.Trynoski,("Trynoski"),an adult individual and the owner of real property located at 6301 Brandy Lane, Mechanicsburg, PA. 3. Defendant, Emmanuel Bediako, (`Bediako"), is an adult individual whose address is 2732 Meadow Trace Dr., Grayson, GA 30017. 4. Defendant, United Royal Enterprises, Inc., ("United"), is a company whose business address is 7685 The Bluffs Ste E, Austell, GA 30168. 5. On or about February 14,2013,Defendant Bediako was operating the motor vehicle of Defendant United, within the scope of his employment with said company, in such negligent fashion around the bend on Brandy Lane,Mechanicsburg,PA,Cumberland County,so as to cause the trailer to detach, the trailer then proceeding across the surface of the real property of Trynoski, where it came to rest. 6. As a result of such negligence, the property of Trynoski was damaged, and the cost of repairs totaled$7,060.75,which sum was paid by Plaintiff on behalf of Trynoski,less any deductible. 7. A copy of the police report,damage estimates and checks are attached hereto and marked collectively as Exhibit "A." The said Exhibits will be offered at trial pursuant to Pa. R.C.P., Rule 1305. 8. Plaintiff paid such sums pursuant to a policy of insurance, and seeks to recover such amount,including any applicable deductible,from the within Defendants by means of its right of subrogation. 9. Defendant United is responsible for said damages by because Defendant Bediako was operating their motor vehicle within the course and scope of his employment. 10. Defendant Bediako is responsible for said negligence as a consequence of his negligence in failing to maintain control of the motor vehicle, failing to adhere to traffic laws, driving at an excessive rate of speed, and failing to avoid causing damage to insured's property. 3 11. Plaintiff has demanded payment of this sum from both Defendants, which demand has been denied. WHEREFORE,the Plaintiff demands j udgment against both Defendants,jointly and severally, in the sum of$7,060.75, together with costs of suit. Respectfully submitted, BROMBERG& MILLER BY: i GEORGE A. MILLER, Esquire Attorney for Plaintiff 4 VERIFICATION The undersigned, Adoes hereby verify that he/she is the ��ld/ 0 of 1112 ,Plaintiff herein,that he/she is authorized to make this verification on behalf of the Plaintiff,and that the facts contained in the foregoing COMPLAINT IN CIVIL ACTION are true and correct to the best of his/her knowledge and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ERIE INSURANCE COMPANY By: itle File No. 58571 NOTIFICATION OF ACCIDENT INVESTIGATION HAMPDEN TOWNSHIP POUM DEPARTMENT 230 SOUTH SPOIMNG HILL ROAD,MEMICSKOG,PA 17055-3097•(717)761-2609 REPORTABLE: Naffs Is borsby plwo that the aaakcat fndfcatad below b bofsp 1nr+atlwtcd by Nampdon Township ❑ PoUca DWartmmt and that tha C0nmomrvm0 of Pennsibmb PoBq AccWant Napoit will be Wtbmlttod a•vta.arlb.d M fTaollan iT4a(cj of tha llhhinfa Leda. NON-REPORTABLE. THIS b a NON-REPORTAWA IMMO t as bt-m bad by the WhIcle Cada.Tha Inforraatfan aubmined below In obtalnap by tha Omm for your coavaalance In having fm aro"r Infaemailon for your Infaraaaa ewnWV. TWS 16 TN!OW.Y INFORMATION THE MJOE WLLL NAVE.NO REPORT WILL BE MADE. POUCE MMENT N NIVER TIME AIA VM OF ACCIMIT u►�taZtJo D 0 1 ra i LWAMNOF ACCOOff OFIIf I NAW G n."K'i v rZ GPS lA1MBER NUMBER OFNUMBER NUMBER ' 13 T N-76 59 38 W OF W i13 UNfli TOWED O OF fA11LLJTIES 0 OF INJUAIE! /4 f�C .UNIT# UWr#2 V Ll30AttY r II N60 1;L(:_1 MAI` YFA mu OR s t1EG stAnE RARKKED'f p {9. ItAi!< rr "�ifiir r tWMf®7 p O tE / _L• N Jt.2 OUT-W-STARVW ORIS Omo OWNER OTY.Sumd b tl+ m s& � PIZ& i�CODE OaVtt YEAR Aii11E V'3 v Yf n MAKE MOOR �1 O 7 OCT t l �T' 0 M W O lm rfm IlV OOf Q N O Wo UTAT YO NEI 7O{MINO . TOWEDT YO N� COMPMar.. MWED} COMPANf OnA01BIT t PO MPACT. um Qfi�10W POW 'ACF S - Wm �1L1U 4 j• `J ai '1t0 Nma NE WAU A 6Z.1 Zi ` yj— sm a TY.sultapcom I �rj��� a ZIpc OE rr r aRlll 1 FtI01E �-� mOlOFrtfN� {. ��� im hA OOW.WI,f] DFtKiEANBI p PC gO1MAV91 SOg I'I91 ME CAWMEA n - CAfItMBt n1 WE iaapcm &Y a.-lt' CItY.sON ZIP CON Us ml t d allFl1C/ mm F as NL 1 ,521 ca'�fiRo B�"oor rn4 ° " c'�`ot+Ra• BOOT"m IKEI"M OF 11Ar ANO.OF KQUIOOW M ABE OF W tW AIM MAYERAU Y O N alai O Ann M U MALS Y p R p ONO KraKK1w1� SAI" �wa� tet. ,_ caAwwr E/ 4 alr�nRtTlalf pi Q-� ,.� �p A,{l0+� ��• `IOIR@_ \P�W,JCYIKI. 11ESdiPIl01f OF OAMAOfD PIgpER1Y 5$ Lli—4 V(O 'a' � � e i.v��l cw �):^.'} , ry awnlR h I'Vi��,l� 7 0� l ;t PWNE rlZ- �,•��5� � [�b,.�kt� �`x�,l��t>-, i o�t� Utz (A't"_ , 1 110:f EXHIBIT a • �... .. 564 10. l 1-Emmanuel Sediako.Bodtako was travelling southlwest on Salem Church Rd and the Brandy Ln turn,when he rear of his trailer went over a large curb and damaged:property belonging to 6301 Brandy!^The lawn,had _. Ore marks,and tore up the grass and had large rocks dragged abodt l(i t across the skft of tha lawn.Boom— also elli m -lso damaged parts of his vehicle and left debris on the lawn.Karen Trynoskl Is the property owner at MCI,! Brandy Ln.Trynoskl followed Bediako to 350 Salem Church Rd until I arrived.Sediako drove,through ths'lawn, r. down Brandy Ln,made a right onto Basehore Rd,and then wound up at 330 Salem Church Rd,where his original destination was for his d'eli'very:The witness,Dan Eleenhuth,said that-he was behind the trailer when he . & whim run over the curb and lawn and Badiako made no attempt to slap after If happened.Bedlako never ads an attempt to transfer his•ihsurance Information to the property owner after the accident happened and so did not call police.Bodiako also was not supposed to be an that road in the first place,since there are oated signs where there are no trucks/trallers allowed on th*road.Bediako said that he was lost and-he was st trying to get to 350 Salem Church Rd.I took photos of the.property damage.NOAIF given to Bediako and Bedialto was Issued EA5a C 4 8 d929daM929 to o atte dell VignerOv.Cle Erie Insurance Ede100 Erie Insurance PI. ihSUt'aI'1CPi Erie, PA 16530 Phone:(800)458-0811 Description Quantity Unit Prtcs Per RC Depreciation ACV it�liriiw►r :5tructurr(Erie­017) :oft=017. M TRYNoSK} ift.'App ROORPU—ft n Q Exterior Front Length: 32'10" Width: 23' Height: 8'Flat Walls: 893.34 SF Walls-subs: 893.34 SF Walls-subs-cas-bsbd: 860.76 SF Doors: 0.00 SF Windows: 0.00 SF Openings: 0.00 SF Missing Walls: 0.00 SF Floor: 755.17 SF Ceiling: 755.17 SF Perim(F): 111.661F Perim(C): 111.66 LF 1 Misc.EA item 1 $8,000.00 EA $8,000.00 $1,600.00 Of $6,400.00 Q Per Kingdom Concrete proposal to remove and replace 711.E of tapered concrete curbing.20pcs of rebar and 125Y of concrete. labor and materials,and road flagging included. 2 Lawn,Grade&Seed-Replace 213.00 $0.34 SF $72.42 $14.48✓ $57.94 Q for repairs to ground from ruts. 3 Bark Mulch-Replace 12.00 _ $8.91 SY $106.92 $21.38✓ $85.54 4 Landscaper's Work 4 $40.S0 HR $162.00 $32.40 If $129.60 Q labor and material to replace small shrubs and plants destroyed by vehicle behind curbing. Exterior Front-Subtotal(4 Items) $11,341.34$1,6616.86 ",673.08Flotxplan-5ubbatal (4 items) ;8,341.34$1,668.26 ",673.08 Page 1 of 9 Claim 010171285642 12/05/2013 12/05/2013 Claims Management System CSPP032B 14:30 Check , Print Page: 1 Req: MEHALICX ,H ------------------- -------------------------------- CHECK NO 0121154422 CMS NO LK54422 DATE 05/13/2013 Pay SIX THOUSAND FIVE HUNDRED SIXTY AND 75/100 KAREN M TRYNOSKI AND $$$$$$6,550. 75 PNC BANK NATIONAL ASSOCIATION Operator Loss Date To The 6301 BRANDY LANE SSGSHEFFIEL 02/14/2013 Order MECHANICSBURG PA 17050-2891 of Claim Tax Id No 017-010171285542 For PARTIAL PAYMENT DWELLING COVERAGE- VEHICLE DAMAGE. Cashed OTHER STRUCTURES COVERAGE C 05/21/2013