The URL can be used to link to this page

Home My WebLink About05-2263IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. Plaintiff, CASE NO: Og _ d.2Q , V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIR Pa. I.D. #76046 WELTMAN, WEINBERG & REIS CO. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 W WR #04179550 CQ7c? I L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. Plaintiff, CASE NO: V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 in filing in writing with the Court your defenses or objections to 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 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: LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demanddeas expuestas en las paginas siguientes, usted fiene veinte (20) dias de plazo al partir de ]a fecha dela demanda y ]a notificacion. Hace falta asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, Is corte puede decidir a favor del demanddme y requiere que usted cumpla con todas las provisions de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TIENE AB( O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSE( ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. Plaintiff, V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. CASE NO: pS _ a?`3 TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff by and through its counsel, WELTMAN, WEINBERG & L.P.A., and hereby files this Complaint against Defendants jointly and severally. In support thereof, P as follows: 1. Plaintiff, Progressive Northern Insurance Company ("Progressive"), is a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Harris Marine, Inc., doing business as Harrisburg Seaplane Base, is organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and h; Of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Li 200 ("Insured Boat"), owned by Plaintiff s insured. 4. On or about September 18, 2004 the Plaintiff Insured's boat was stored at Defendant's business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defen Plaintiff Insured's boat was caused to be damaged. CO., avers with a business as one Malibu of the 6. Defendant's negligence and/or carelessness which consisted, inter alia, of failing to have the boat prol failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions safety of the boat based on the weather conditions which Defendant knew or should have known were were about to occur; failing to place the boat at a safe location under the circumstances; and, f reasonably in the securing and protecting the boat. 7. As a direct and proximate result of Defendant's negligence, the Progressive's sustained property damage in the amount of $2,158.14. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid $1,658.14. A true and correct copy of the payment and damage documentation is attached hereto at Exhibit "I". 9. In addition, the Plaintiff's Insured also sustained damages in the amount of $500.00 his deductible. 10. Pursuant to the insurance policy issued by Progressive and as a result of said Progressive became subrogated to the claim of its Insured against Defendant. 11. Pursuant to Progressive's right of subrogation, Progressive is presently due and Defendant the sum of $2,158.14. 12. Defendants have willfully failed and refused to pay the sum due and owing to Progressive. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Repeated demands have been made upon Defendants for payment of the aforesaid sum; ty secured; ensure the curring or ng to act rred boat sum of larked as payment, from WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $2,158.14 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WE"G & REIS, CO., L.P.A. Michael PA I.D/ 76046 nut Street , Esquire Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR#04179550 interest BE Date: 11/1 Estimate ID: 04 Estimate Version: 0 Committed Profile ID: CuS PROGRESSIVE 5053 RITTER ROAD SUITE 101 MECHANICSBURG, PA 17055 (717) 791-5178 Fax: (717) 697-6711 Damage Assessed By: LICENSE#273265 ANDREW DOLLMAN Claim Rep: ANDREW DOLLMAN (717) 791-5178 ' Product Type Boat ' Date of Loss: 09/18/2004 ' Deductible: 500.00 Policy No: 39039012-002 ' Claim Number: 04-3907050-01 Insured: RAYMOND SANTANNA Address: 102 THISTLETOWN DR HUMMELSTOWN PA 17036 Telephone: Work Phone: (717) 238-8321 , Home Phone: (717) 566-2571 Mitchell Service: 911000 Description: 00 LOWE MALIBU 200 Vehicle Production D t 0 VIN: OMCS63361900 a e: 0/00 OEM/ALT: A Color: BLUE Search Code: MECHANICSI Line Entry Labor Line Item Item Number Type Operation Descriptic 1 900500 MCH' REPAIR 2 900500 MCH" REPAIR 3 900500 MCH' REPAIR 4 900500 MCH' REPAIR 5 900500 MCH' REPAIR 6 900500 MCH' REPAIR 7 8 900500 MCH' REPAIR 9 10 900500 MCH' REPAIR 11 12 900500 MCH` REPAIR 13 900500 MCH' REPAIR MANUAL ENTRIES PORT PONTOON STARBOARD PONTOON REPLACE PORT REAR FENCE REPLACE PORT FRONT FENCE REPLACE STARBOARD REAR CORNER REPLACE MOORING COVER AMERICAN CANVAS 419-382-8450 REPLACE ENGINE COWL JIM'S ANCHORAGE 814-658-3464 REPLACE NAVY STYLE ANCHOR (2) BASS PRO SHOPS 28 LBS. FREIGHT AND PROP PRICE HANDLED AS SUPPLEMENT ' - Judgement Item ESTIMATE RECALL NUMBER: 11/17/2004 14:21:23 04-3907050-01 Mitchell Data Version: Ultra Mate is a Trademark of Mitchell International OCT_04_A Copyright (C) 1994 - 2004 Mitchell International UltraMate Version: 5.5.008 All Rights Reserved Part Type/ Part Number Existing Existing New New New New New New Existing Existing 02:21 PM Labor nt Units 1.0' 1.0" 00' 1.5' 00' 1.5' 12' 0.2' 29' 0.0" 09' 0.5' 98' 0.0' 0.0' 0.0' 1 of 4 Date: 11/17/ 00402:21 PM Estimate ID: 04-390 050-01 Estimate Version: 0 Committed Profile ID: CUST MIZED ** PART TYPE TERMS AND ABBREVIATIONS ** NEW OR OEM OR PART NUMBER DISPLAYED--THESE REFER TO A NEW ORIGINAL EQUIPMENT MANUFACTURER PART. NON-OEM, A/M AND QUAL REPL--THESE REFE TO AN AFTERMARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANU ACTURER PART. USED/RECYCLED AND LKQ--THESE REFER TO A USED/RECYCLED OEM PARTS THA HAVE BEEN REFURBISHED. BDY=BODY, BDS=BODY STRUCTURE, REF=REFINISH, GLS=GLASS, FRM=FRAME,MCH=MECHANICAL, ADD'L C ST=ADDITIONAL COST, ADD'L OPR=ADDITIONAL OPERATION, FRT=FRONT, RR=REAR, 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. Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Mechanical 5.7 65.00 0.00 0.00 370.50 T Taxable Parts 1,665.48 Taxable Labor Sales Tax @ 6. 370.50 00% 99.93 Labor Tax @ 6.000% 22.23 Total Replacement Parts Amount 1,765.41 Labor Summary 5.7 392.73 III. Additional Costs Amount IV. Adjustments Total Additional Costs 0.00 Insurance Deductible Amount 500.00- Customer Responsibility 500.00- 1. Total Labor: 392.73 it. Total Replacement Parts: 1,765.41 III. Total Additional Costs: 0.00 Gross Total: 2,158.14 IV. Total Adjustments: 500.00- Net Total: 1,658.14 Inspection Site: CITY ISLAND HARRISBURG, PA Inspection Date: 10/20/2004 ESTIMATE RECALL NUMBER: 11/17/2004 14:21:23 04-3907050-01 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT 04 A _ _ C opyright (C) 1994-2004 Mitchell International Ultra Mate Version: 5 Pa 5 008 e 2 of 4 . . All Rights Reserved Date: 1 Estimate ID: 0 Estimate Version: 0 Committed Profile ID: C THE VEHICLE OWNER MAY BE RESPONSIBLE FOR ADDITIONAL COST ABOVE THE APPRAISED AMOUNT. THERE IS NO REQUIREMENT TO USE A SPECIFIC REPAIR SHOP, HOWEVER, THE INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT WILL BE ABLE TO REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY INCLUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS. IF THE USE OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE AFTERMARKET PART LISTED ON THIS ESTIMATE WILL HAVE A WARRANTY THAT MEETS OR EXCEEDS THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEDED WITH A/M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR C THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. 02:21 PM IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE, THE AMOUNT SHOWN INCLUDES TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND APTER THOSE REPAIRS. 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 esti ate fails to return your vehicle to its pre-loss condition (assuming pro er installation), in terms of form, fit, finish, durability or functionality, Progressive will arrange and pay for the replacement of the part, to the extent not covered by a manufacturer's or other warranty. This service will be performed at no cost to you (including associated repair and rental car costs) To obtain service under this Guarantee, call Progressive at 1-800-274-4641. This Guarantee applies as long as you own or lease the vehicle. This Guarantee is not transferable and terminates if you sell or oth rwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED Y IMPROPER MAINTENANCE, NEGLECT, ABUSE OR SUBSEQUENT ACCIDENT. THIS GUARANTEE I LIMITED TO ARRANGING FOR THE SELECTION OF REPAIR PARTS THAT WILL RETURN YOUR VE ICLE TO ITS PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATIO OR USE OF THESE PARTS. THIS ESTIMATE REPRESENTS AN AGREED PRICE BASED ON ALL KNOWN DAMAGES AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL LISTED REPAIRS, AND ALL TOWING AND STORAGE CHARGES INCLUDED IN THIS ESTIMATE. ***THIS IS NOT AN AUTHORIZATION OF REPAIR.*** ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** ESTIMATE RECALL NUMBER: 11/17/2004 14:21:23 04-3907050-01 Mitchell Data Version: OCT04 A Copyright is a Trademark of Mitchell International Ultra Mate Version: OCT-8 (C) 1994 - 2004 Mitchell International Pa e 3 of 4 All Rights Reserved PROGRESSIVE WILL ONLY BE CHARGES WHEN WARRANTED UP TO TWO DAYS LOSS SITUATIONS. RESPONSIBLE FOR ADDITIONAL Date: 11/17/2 040221 PM Estimate ID: 04-390 050-01 Estimate Version: 0 Committed Profile ID: CUSTO IZED STORAGE OR MIS C. HANDLING POST THIS APPRAISAL DATE IN BOTH REPAIRABLd AND TOTAL ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE Ci OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY M; FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORM MATERIAL IS A CONCERNING CRIME AND SUBJECTS TTHELPETHERE?O RSC I'T?II? TL FRAUDULENT T PENALTIES. APPRAISER SIGNATURE REPAIR SHOP MANAGER'S SIGNATURE Event Log File Created: Estimate Started: Estimate Printed: Estimate Committed: Estimate Uploaded: 11/17/2004 01:47:27 PM 11/17/2004 01:49:09 PM 11/17/2004 02:19:04 PM 11/17/2004 02:21:23 PM Estimate not Uploaded ESTIMATE RECALL NUMBER: 11/17/2004 14:21:23 04-3907050-01 Ultr Mitchell Data Version: OCT_04_A CoaMate is a Trademark of Mitchell International pyright (C) 1994 - 2004 Mitchell International UltraMate Version: 5.5.008 All Rights Reserved OR IALLY , WHICH 4 of 4 Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N FEB 08 0- 13:39 OPID: DAW0025 CLAIM PAYMENT INQUIRY TERMID: 680494 INSD: SANTANNA, RAYMOND C JR POL: 390 9012-2 DOL : SEP 18 04 PA-MECHAN-BRN- CLM: 043907050 ACTIVE REP: A OLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1[658.14 LINE 1: RAYMOND C SANTANNA JR., ONLY***************************** ** LINE 2: LINE 3: ADDRESS: 102 THISTLETOWN DR CITY: HUMMELSTOWN ST/PR* PA ZIP/CPC: 17036 CNTRY* USA IN PAYMENT OF: COLL. DAMAGE TO 00 LOWE, LESS. DED. 1099 ? N FEDERAL TAX ID: LAST UPDT REP: APD0003 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: A DOLLMAN BANK CODE* AS2 ISSUE DATE NOV 17 04 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 437038303 REVIEWED BY: COMMAND: Date: 02/08/2005 Time: 01:39:11 PM VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear affirm that the averments in the attached Complaint are true and correct to the best knowledge, information and/or belief. These averments are made subject to the of 18 Pa.C.S.A. §4904 relating to unsworn falsification to J. Date l ? f 1 L -T t ' i v7 4.? SHERIFF'S RETURN - REGULAR CASE NO: 2005-02263 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE NORTHERN INS CO VS HARRIS MARINE INC DBA HARRISBU GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRIS MARINE INC D/B/A HARRISBURG SEAPLANE BASE the DEFENDANT , at 1117:00 HOURS, on the 6th day of May 2005 at 333 SOUTH FRONT STREET WORMLEYSBURG, PA 1 by handing to RON MOROZ, MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Subscribed to before me this //1?` day of ?{ o? 017 J? A. D. rothonotar So Answers: f R. Thomas Kline 05/09/2005 WELTMAN WEINBERG REIS By.:. n Deputy Sh ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff, HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE Defendant 'TYPE OF PLEADING: ANSWER TO CO PL FILED ON BEHAL OF DEFENDANT MAR INE PROPERTIES. INC d/b/a/ HARRISBURG SE PLANE BASE (improperly led as Harris Marine, Inc.) COUNSEL OF RE OF THIS PARTY: JAMES W. JOHNS PA ID# 23319 HOLLSTEIN, KEA CATTELL, JOHNS GOLLSTEIN. P.C. 1628 JOHN F. KEN SUITE 2000 PHILADELPHIA. 215-320-3260 ENTRY OF APPEARANCE PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. CASE NO: 05-22 RD OF 1, ESQUIRE, NG, N& EDY BLVD. 19103 d/b/a Please enter my appearance on behalf of defendant Marine Properties.. I Harrisburg Seaplane Base (improperly plead as Harris Marine, Inc.). HOLLSTEIN KEATING CATTEI JOHNSON & GOLDSTEIN, P.C. L By:l? --Az .lames W.Jol soil Josette F. S vak Attorney for Defendants 10247 00099 TN45911 CERTIFICATE OF SERVICE 1, Josette F. Spivak, Esquire do hereby certify that a copy of Defendant's Entry of Appearance was served on January 19, 2006, via U.S. first class mail upon the fallowing: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 F. Spiv4, Esquire 11024700098 1'N4592 ,? crt rC1 / Y?j,f f1l Jh1/? {'?I ? aG} 4Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND C PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY CASE NO: 05-2263 Subrogee of Raymond C. Santana, Jr. TYPE OF PLEADING: Plaintiff, ANSWER TO COMPL/ HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE FILED ON BEHALF O SEAPLANE BASE DEFENDANT MARINE- PROPERTIES, INC. d/ /a/ HARRISBURG SEAPLANE BASE (improperly pled as Harris Marine, Inc.) Defendant COUNSEL OF RECORD OF OF THIS PARTY: JAMES W. JOHNSON, ESQUIRE JOSETTE F. SPIVAK, 'SQUIRE PA 1D4 23319 / 82356 HOLLSTEIN, KEATING, CATTELL, JOHNSON & GOLDSTEIN, P.C. 1628 JOHN F. KENNEDY BLVD. SUITE 2000 PHILADELPHIA. PA 9103 215-320-3260 ANSWER TO COMPLAINT WITH NEW MATTER Defendant Marine Properties, Inc. d/b/a Harrisbun, Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Flollstein, Keating, Cauell. Johnson Goldstein, P.C. responds to Plaintiff s Complaint and avers as follows: :1024700099 FN4544} Denied. Despite reasonable investigation answering Defendant lacks information to admit or deny the remaining averments of this paragraph, and therefo#e same are denied with strict proof thereof demanded at trial if deemed material thereto. 2. Denied in part, admitted in part. It is denied that Harris Marine, Inc. ?s a business organization licensed and authorized to conduct business in the Commonwealth of Marine Properties, Inc., improperly plead as Harris Marine, Inc., d/b/a Harrisburg is a Pennsylvania corporation. It is admitted that 333 South Front Street, the place of business of Marine Properties, Inc., d/b/a Harrisburg Seaplane Base. 3. Denied. Despite reasonable investigation answering Defendant lacks information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. 4. Denied. Despite reasonable investigation answering Defendant lacks information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. Denied. Despite reasonable investigation answering Defendant information to admit or deny the remaining averments of this paragraph, and Ivania. Base, PA is same are same are sufficient same are denied with strict proof thereof demanded at trial if deemed material thereto. 6. Denied. Answering Defendant specifically denies it was negligent or careless in its care of the boat. Despite reasonable investigation answering Defendant lacks su 3cient 110247 00099 IN45441 information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. 7. Denied. Despite reasonable investigation answering Defendant lacks information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. 8. Denied. Despite reasonable investigation answering Defendant information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. 9. Denied. Despite reasonable investigation answering Defendant information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. 10. Denied. This paragraph is a conclusion of law to which no response 11. Denied. This paragraph is a conclusion of law to which no response 12. Denied. Despite reasonable investigation answering Defendant information to admit or deny the remaining averments of this paragraph, and denied with strict proof thereof demanded at trial if deemed material thereto. same are same are sufficient same are sufficient same are required. s required. sufficient same are :1024700088 1 N4544) WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a 1 Base, improperly pled as Harris Marine, Inc., respectfully requests judgment: in its against Plaintiff, together with the award of costs and attorney fees. NEW MATTER Plaintiff's claim is barred by the common law defense of act of God. 2. This Complaint fails to set forth a cause of action for which relief 3. This Court lacks jurisdiction of the persons of Defendant Harris 4. Answering Defendant violated no legal duty to Plaintiff. 5. The action is barred by the applicable Statute of Limitations. 6. The plaintiff was guilty of the sole negligence which was the damages complained of. 7. The plaintiff was guilty of contributory negligence. 8. The plaintiff was guilty of comparative negligence of a greater negligence of the defendant, which negligence is denied. 9. The alleged damages sustained by the plaintiff are the proximate and/or omissions of parties over which defendants exercised no control. 10. Plaintiff is not the real party in interest. Seaplane and be granted. Inc. cause of that the of the acts 10247.ooo8g:'rN45441 1 1. Plaintiff lacks standing to bring this action. 12. Answering Defendant incorporates by reference the terms of the Agreement, a copy of which is attached hereto as Exhibit "A", including, but not Paragraph 10 which states: "Lessor is not responsible for any damage or loss in water levels, storms, floods, vandalism, or other events beyond the control of the asserts same in defense of the action. :age Lease ited to, by changes ,essor," and 13. Answering Defendant incorporates by reference the terms of the Dockage Lease Agreement, including, but not limited to. Paragraph 12 which states: "Dockage of s4id vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage," and asserts same in defense of the action. Exhibit "A." 14. Plaintiff s claim is barred by the terms, limitations and conditions se} forth in the agreement. 15. Answering Defendant reserves the right to supplement its New indicated during discovery. as 10247 00089 FN4544} WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a Base, improperly pled as Harris Marine, Inc., respectfully requests judgment: in its against Plaintiff, together with the award of costs and attorney fees. HOLLSTEIN KEATJNG CATTELL JOHNSON & GOLDSTEIN, P.C. By:- d??? James W. J/?hnson, Esquire PA I.D. #23319 v JosetteF. Spivak, Esquire PA I.D. # 82356 1628 John F. Kennedy Blvd. Suite 2000 Philadelphia, PA 19103 215-320-3260 Counsel for Defendant Mari Inc. d/b/a Harrisburg Se, improperly pled as Harris Mar_ Seaplane and Properties, ne Base. Inc., ;10247 00088.TN4544) CERTIFICATE OF SERVICE 1, Josette F. Spivak, Esquire do hereby certify that a copy of Defendant's Complaint with New Matter was served on January 19, 2006, via U.S. first class following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Josette F. SpWak, Esquire ver to the upon the 110247 00088.TM)47} 01/43/2006 FR1 15:40 FAX VERIFICATION I, Michael Bowers, hereby state that I am President of Defendant Marine Pr d/b/a Harrisburg Seaplane Base, improperly pled as I:lairis Marine, Inc. and that I a to make this Verification on its behalf. I also state that the facts contained in the fo Answer with New Matter are true and correct to the best of my knowledge, inforul; 'belief. This Verification is made subject to the penalties of 18 Pa. C. S. § 4904 rel unsworn falsification to authorities. 114 C,?? J r Michael Bowers Dated:1..- IQ ? ah(7 7 fa004/029 ertigs, Inc. authorized going on and ing to i0247VX)88: N46l5) m x 3 6 rt q ? ?? ? ?, ??? WORMLEYSBURG RIVERSIDE CITY ISLAND_, MAY 15 THRU OCT. I, 2004 MAY 31 THRU OCT- I, 2004 MAY I IHRU OCT. 15, 2004 DOCKAGE LEASE AGREEMENT All information must be filled out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease. the boat will be pulled and you will not be allowed back in. This agreement made between B & B Holdings„inc. and Lessor, and named Lessee. -),('. -'c4 Home Phone t, Z c Work hone i X-v ne Base hereinafter called Boat Registration# FR -;3 - ?4GBoat Make e, Boat Year,2,, Length .?>/ Engine HP Engine Year Engine Model i` Jet Ski Make Jet Ski Registration # Providing for the rental of dock space for the berthing of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions. If boat is in the marina after the lease termination date, Lessee will be billed $10.00 per day as additional rental. Lessee agrees to pay unto the Lessor in consideration of the dock space famished, the total sum of S S14 SLIP NUMBER ,J- y _ I D ,? ?; <,?:.:<„tit-•7 ,?,?.?n, 1. Lessor agrees to furnish space at its docks for berthing of the above vessel. 1 Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that be/she is the owner of the above-described boat This contract becomes null and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners. 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly. 7. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himself/herself. No work may be done by an outside contractor without written permission from the Lessor. 8. All pets shall be on a secured leash when at the marina. Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks). 9. In an emergency situation. Lessor shall be permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. 10. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances. 11. Water skiing or swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. 12. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage, 13. No vessel shall be advertised for sale in the marina. 14. Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Marina. One Primary Permit per vessel/ household will be issued. No trailers are permitted on par" lot. 15. Lessor reserves the right to exclude those whose actions are en ive to thers. a Lessor, B&B H- ° o mgs, c. and Harrisburg Lessee Seaplane Base/ DATE: y j 1d DATE: =e __ <_?; WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04179550 PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. Cumberland County Court of Common Pleas vs. HARRIS MARINE, INC. dba HARRISBURG SEAPLANE BASE No. 05-2263 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 1 - 15. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. As way of further response, after reasonable investigation Plaintiff is without sufficient information to form a belief as to the truth or falsity of Defendant's averments. Strict proof of same is therefore required at time of trial. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against Defendant, Harris Marine, Inc. dba Harrisburg Seaplane Base. WELTMAN, WEINBERG &)REIS CO., L.P.A. By MXI)0,6I J. Dougherty, Esquire Pl orney for Plaintiff VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Reply to New Matter are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. hael J. Dougherty 7J a Date ;1 r', (? ?`cF^ ? •;? ?1 ?. ` ? { . ? ? .? (. ? .? p.J HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Josette F. Spivak IDENTIFICATION NO. 23319 / 82356 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD SUITE 2000 PHILADELPHLk, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY n ? o CIVIL DIVISION CASE NO: 05-2263 -f - =' -? `-; L DEFENDANT MARINE PROPERTIES, INC. d/b/a HARRISBURG SEAPLANE BASE, improperly pled as HARRIS MARINE, INC.'S MOTION TO CONSOLIDATE Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Hollstein, Keating, Cattell, Johnson and Goldstein, P.C. Lereby moves this Honorable Court to Consolidate the above -captioned actions for all purposes pursuant to Pa. R.C.P. 213(a). 1. Plaintiff Progressive Northern Insurance Company filed the above captioned action in the Cumberland County Court of Common Pleas on behalf of Subrogee Raymond C. Santana, Jr. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 2. Plaintiff and plaintiff-subrogee have alleged property damage to his boat allegedly docked at Defendant's Marina on or about September 18, 2004. Exhibit "A." 3. Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., filed its Answer with New Matter on or about January 20, 2006. A true and correct copy of Defendant's Answer with New Matter is attached hereto as Exhibit "B." 4. Plaintiffs' complaint arises out of the same transactions or series of transactions as are alleged in the matters of: a. Progressive Northern Insurance Company, Subrogee of James Ford v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3270. A true and correct copy of Plaintiff s Complaint is attached hereto as Exhibit "C." b. Progressive Northern Insurance Company, Subrogee of Edwin Ullom v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2264. A true and correct copy of Plaintiff s Complaint is attached hereto as Exhibit "D." C. Progressive Northern Insurance Company, Subrogee of Greg Sharrar v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3271. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "E." d. Progressive Northern Insurance Company, Subrogee of Jim Sauerwine v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3932. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "F." 5. Upon information and belief the Plaintiffs' claims relate to flooding which occurred in September 2004 as a result of the remnants of Hurricane Ivan. 6. All of the plaintiffs' seek to recover in subrogation for property damage claims paid to their insureds for damage to the insureds' boats which were allegedly docked at Defendant's Marina in September 2004. {10247.00088:JFS1410) 2 7. Pennsylvania Rule of Civil Procedure 213(a) provides: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. 8. These cases should be consolidated for purposes of discovery, arbitration and trial in order to avoid, unnecessary costs to both the Court and the parties and because all of the aforementioned Complaints involve common questions of law and fact, and arise from the same transaction or occurrences. Rozonowski v. Penn. Nat'l Mutual Casualty Ins. Co., 343 Pa. Super 7 (1985); Lohmiller v. Weidenbaugh, 302 Pa. Super. 174 (1982), rev'd on other grounds, 503 Pa. 329 (1983). 9. Consolidation of these actions for discovery and trial will also avoid prejudice which could result from multiple hearings and inconsistent rulings. 10. Plaintiff s Counsel does not oppose this motion to consolidate. WHEREFORE, Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests the Court grant its Motion to Consolidate the above captioned actions for all purposes under the caption and docket of {10247.00088:JFS1410} . 3 Progressive Northern Insurance Company, Subrogee of Raymond C. Santana, Jr. v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2263. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: !A I.D. # 23319// osette F. Spivak, Esquire 'A I.D. # 82356 { 10247.00088:JFS 1410} 4 ?jcl?i bi't" ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, r- Subrogee of Raymond C. Santana, Jr. -CASE NO: - Plaintiff, v. TYPE OF PLEADING:' COMPLAINT IN CIVIL. AcnoN. _ HARRIS MARINE, INC., d/b/a H[A RRISBURG SEAPLANE BASE - - _.•- .. - Defendants.. FILED ON BEHALF OF:. Plaintiff .. ?' _ _ . _ . ._. _ ' COUNSEL OF RECORD OF " - THIS PARTY: - MICHAEL J. DOUGHERTY, ESQUIRE Pa: I.D. #76046 = WELTMAN, WEINBERG & REIS CO., L.P.A.. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04179550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. CASE NO: Plaintiff, V. TYPE OF PLEADING: ' .. COMPLAIN'T' IN CIVEL ACTION. - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE - Defendants.._.. NOTICE TO DEFEND NOTICE AVISO _ • I R YOU HAVE BEEN SUED IN COURT. If you wish to -LE HAN DEMANDADO A USTED EN LA=; _ ,_'= :- defend against the claim set forth in the following pages, : i? : CORTE. Si toted quierc defenderse de estas _ - you must take action within twenty (20) days after,this demanddeas expuestas en las paginas siguientes, ~* - - _ complaint and Notice are served, by entering a-written- :.. usted tiene veinte (20) dial de plazo al partir de la appearance personally or by an attorney' in Sling inn :-, fecha dela-demanda y la notificaeion. Hace falt .: . '.. _ ` :; writing with the Court your defenses or d- b*-- tioias to - • • asentar una comparencia escrits o en persona o con to the claims set forth against you..You?i+e•warned that; - ua abogado_y_cntregar a la:eorte en forma escrita , ; if you fail to do so the case may proceeds thouf.you"arid ' r • ., . ., __ ?:• -- sus defenses o sus objeciones a las demandas en ~ a judgment may be entered against t you by the Court • : - : - Comm trde su persona. Sea avisado que si usted no -;;: ;.-- -- - witbout fiuther notice for money claimed in the C. omplaint se defiendc, Ii torte tomara m4das y puede :._-- .. 4. _ or for any other claim or relief requested.by the = contuiuar la demands c. in.-contra suya sin previo plaintiff. You may lose money or propetty air othd aviso o notification. Ademas, Ia torte puede rights important to you. decidir a favor del demandante y re"ere que usted , cun*a con todas las provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos inWrtantes pare usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO INIVIEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY' BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. CASE NO: Plaintiff, V. TYPE OF PLEADING: ` , . COMPLAINT IN CIVEL ACTION HARRIS MARINE,-INC., d/b/a HARRISBURG SEAPLANE BASE Defendants:. - - _ . ' - = -- COWLAINr IN CIVIi ACTION NOW --COMES,' Plaintiff by aad' through. its counsel; t.WELTMAN,_ WEINBERG '& REISY'CO.;. .i T :?? w L.P.A.; grid h-rTo iy files-this Co.... iiit against Defendants jointly.and_sevcrally. In support thcreof,.Plaintiff•avers as followsr°?° .l ?\ •:tT i.• •s. ••.r?? ?? _-`-• ..i =t•J x'r?•'n? _'?t =!a_T::.-_?= ? ,. =_?- '\: i..2i ': - ..- •: - -? .'_ .. ?•_.. _ •.- ..L- -• :?.. .: ,•7_ -«.t.' •:?:. _--•.. ;. ?:.. -. .• .• •_. .. .3 X7:.1. ::?. . .•• .. Conspan C Pro- gressive");' is . a corporation _wztr ;a ' r ???s?Plainti ffProgrcssiliii_ oithem".-Insurance. Y = registered-offtec located at-P.O. Box X4325&; Richmond-Heights; Ohio. -•?,?•?.;::;:::,?:: - '-' 2. -- =Defendant, Harris' 1Vlarinc,` Inc., 'doing business as 'Harrisburg Seaplane Base, is a business •-• organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormieysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Lowe Malibu 200 ("Insured Boat"), owned by PtaintifPs insured. 4. On or about September 18, 2004 the Plaintiff Insu red's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insurod's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or. carelessness which•coiWsted, intef alia, of failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper. precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur; failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. • As 4- direct and proximate: result -of. Defendant's negligence, the Progressive's Insured boat sustained property damage in the amount of $2,158.14. _ 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid 'the sum, of $1,65814 A true- and correct copy of the payment and -damage documentation is attached hereto and. mar ed as_ Exhibit f.1„ _ .. _ :. _ .• •• • . - - 9.-- In addition,.-the- Plaintiffs- Insured also sustained damages in the amount of $500.00 representing • ? - ._ -his deductible. - . . - - -- -. ?_.....- _ .`:`_ .• . - •_ - - ..:;. ... •. s- ?? '' -''=`i.• - -- _ •ys; it ... • _. '. t:?, ,w t'i r: _:.?:3•:1._ •:. •: •' »:.• .: ..s._. r.__:'_ •..: ..... ... ._. ??:.. ._ '. •: »•.r. .: ..:_ -. ::z?.:=.. .: _. _: ... ?:..:".. ,•• • Pursuant to the insurance poligi issued by Progressive and as a resuft of said aforesaid payment, .._.. n: Progressi -- .:,..a. r the claim of its-Insured ag - - ."-- - • - •:... - - -. - - -? : , va became subrogaitd to ainst Defendant: - `» t•_ _ .. - .-.. ., ._ •._ .._ ._.. ,. .: - _ -?•1.f.gti_sj... -•=w*:?itj? :mss. ?`.V.:?l',S. .= • •• - =11: ..Pursuant to., Progressive's -right Of subrogation, Progressive is tly ; due 'and owed .from : sDefendant th,6 sum'of $2; 15814. _ 12. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. _ WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $2,158.14 plus interest and costs. --:: - ?• - THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WER4JOG & REIS, CO., L.P.A. ' .._.::;`:;K: , .• ?. .. _ Michael ugrtecty; EsgUin': ..;- ' PA I. ?6046 . ..... 3 tstnut Street _ cite 1120:-- . Philadclphia;.PA:_19106 .:. . • _ :: ,?.. .. _.. _:. (215) 599-1500 .k- .,• . ±.:?:? .._. _.._ :,.. _ ......'_..:WWR#04179550:•• .. ..:• - J .. N./L'• ??iti __.? . .3SrL•V??i3 ?4i •. l: - .\.. _.._ ?L.." _ _".. -?.-.. _ .. •- • ''1 -..- I ?4'L rC'••--_•_ ._.•wAt. ??:.? • .+.. _V ???? ?1a?.': _ y..i ?i:? . _ _ ., '. .: s . ' --? I Fi?? i 1 -- s Date: 11117/2004 02:21 PM Estimate 10: 043907050-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED -- PROGBE$SflfE W53 RfTTER ROAD SUITE 101 MECHANICSBURG, PA 17055 (717) 791-5178 Fax: (717) 697.6711 Damage Assessed By. LICENSEft273265 ANDREW DOLLMAN Claim Rep: ANDREW DOLLMAN (717) 791-5178 ''Product Type Boat Date at loss: o lWO04 • Deductible: 500.00 Poky No: 39039012-002 • - • claim Number:. 043907050-01 insured: RAYMOND SANTANNA Address: 102 THIS•fLETOWN_DR•HUMMELSTOWN, PA 17036 ' Telephone: Work Plwrtie: (717i 38-8321= Home Phone: (717) 566-2571 : . C.:, %-VJ:;r. Mitchell Service: 911000 Deso i)6on: f 00 LOWE MALIBU 200 Vehicle Production Date: 00100 . VIN: 0MCSt33361900 . = .. - . - :•? :.<";.: OEWALT: A Search Code: MECHANICSI '::•': Color BLUE Line Entry Labor Line Item Part Typer Dollar Labor Item Number Type Operation Description Part Number Amount - Units MANUAL ENTRIES = -= 1 900500 MCH' REPAIR%`- - PORT PONTOON Existing 2 900500 MCH• REPAIR STARBOARD PONTOON Existing = - • ' 1.0' '- 3 900500 MCH' REPAIR REPLACE PORT REAR FENCE - New _ 425.00 ' 1;5' 4 900500 MCH' - REPAIR ' - REPLACE PORT FRONT FENCE. Naw +173_DD'' `f:S• `` 5 900500 MCH' REPAIR REPLACE STARBOARD REAR CORNER _ New 6 9005W MCH' REPAIR - REPLACE MOORING COVER. New 6.0- 7 AMERICAN CANVAS 419.382-8450 8 900500 MCH' REPAIR REPLACE ENGINE COWL New 570.09 0.5' 9 JIM'S ANCHORAGE 814-658-3464 .. . 10 900500 MCH' REPAIR REPLACE NAVY STYLE ANCHOR (2) New 69.98 ' 0.0• 11 BASS PRO SHOPS 28 LOS. 12 900500 MCH' REPAIR FREIGHT AND PROP Existing 0.0' 13 900500 MCH' REPAIR PRICE HANDLED AS SUPPLEMENT ExlsUng d.0' ' - Judgement Item ESTIMATE RECALL NUMBER: 1111712004142123 04-3907050-01 UitraMate is a Trademark of Michell internalional Mitchell Data Version: OCT 04 A Copyright (C) 1994 - 2004 Mitdw4 Mtemational UltraMate Version: 5.5.008 An Rights Reserved Page 1 of 4 Date 11117!2004 02:21 PM Estimate ID: 04-390705041 Estimate Version: 0 Committed Profile ID: CUSTOMIZED ** PART TYPE TERMS AND ABBREVIATIONS ** NEW OR OEM OR-:'PART NUMBER DISPLAYED--THESE REFER TO A NEW ORIGINAL EQUIPMENT MANUFACTURER PART. NON-OEM, A/M AND QUAL REPL---THESE REFER" ' TO AN AFTERMARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANUFACTURER PART. USED/RECYCLED AND LKQ--THESE REFER TO A USED/RECYCLED OEM PARTS THAT HAVE BEEN REFURBISHED. BDY=BODY, BDS=BODY STRUCTURE, REF=REFINISH, GLS=GLASS, FRM=FRAME,MCH=MECHANICAL, ADD'L C ST=ADDITIONAL COST, ADD'L OPR=ADDITIONAL OPERATION, FRT=FRONT, RR=REAR, 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. - Add1 ' . - . tabor Sublet 1. Labor Subl otets _ j Unils . Rate' : Amount Amount Totals Mechanical ' 5.7 65.00 0.00 0.00 370. T50 _ - _ •- - -_, - Taxable tabor _ 37&50 tabor Tax aQ 6.000x' 2223 Labor Summary 5.7 IN. Additional Costs-.::.:-• -:- - ' _ . Total Additional Costs .." .'•_?:. - --•':+ :.sly: I??.'''.i??:?T{-c%.y^??-'• :-1 l.'f '- - 4: 7 If. Part Replacement Summary Amount Taxable Parts Saks Tex _ (? 6000% :`: 1 99.9 Total Replacement Parts Amount 1,765.4 IV. Adjustments Insurance Deductibte ' _ _ 5010 Customer Responsibility : 500.0 I. Total Labor:. - • _ - ' - :x=;7 tl. TofafReptaaei?reritparLs::;? ' =1; ?.q - ? ul. Tofeil Additlorial irosts:_ ? -- 0•0 Gross Total: IV_ Totai-Adjustmednts. .... 500.0 Net.Tota1• .._ :_:1:6513:.t 39273 Amount - 0.00 • - - Inspection Site: CITY ISLAND HARRISBURG, PA Inspection Date: 10!2012004 ESTIMATE RECALL NUMBER: 11/17/2004 14:21:23 04-3907050-01 UIZraMate is a Trademark of Mitchell International Mitchell Data Version: OCT 04 A Copyright (C) 1994 - 2004 Mitchell international UltraMate Version: 5.5.008 All Rights Reserved Page 2 of 4 Date: 1111712004 02.21 PM Estimate 10: 04-3907050-01 Estimate Version: 0 Committed Profile 10: CUSTOM OED THE VEHICLE OWNER MAY BE RESPONSIBLE FOR ADDITIONAL COST ABOVE THE APPRATS£D AMOUNT. - -THERE: IS NO- •REQUIREMENT-•TO`USE A SPECIFIC REPAIR -:- SHOP, HOWEVER, THE INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT ' WILL BE ABLE TO REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY INCLUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS. IF THE USE OF AN AFTEP.MARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE AFTERMARKET PART LISTED ON THIS ESTIMATE WILL HAVE A WARRANTY THAT MEETS OR EXCEEDS THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEDED WITH A/M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR.OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. .IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE,' THE AMOUNT- ?. _ SHOWN INCLUDES- TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND AFTER' THOSE -. -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 reXten_ % not covered by a manufacturer's or-- other' warranty. This-,service wi-ll:-be -: performed .at no''cost to you (including associatieci:=z OWlr-and rental 'car:-costs):- TOZO4 is _ service ' under this Guarantee, ca31':Prog?essive at 1-800-274r`.46417.--'-' applies as long as you`own or"lease the vehicle..-This Guarantee is not transferable and terminates if you sell or oth -" " -rwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED_-BY"IMPROPE; MAINTENANCE, NEGLECT, ABUSE OR SUBSEQUENT ACCIDENT. THIS GUARANTEE IS--LIMITED-.' 'ARRANGING FOR THE SELECTION OF REPAIR PARTS THAT WILL RETURN YOUR VEHICLE..TO_I' PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR-ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION OR USE 0- THESE PARTS. THIS ESTIMATE REPRESENTS AN AGREED PRICE BASED ON ALL KNOWN DAMAGES AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL LISTED REPAIRS, AND ALL TOWING AND STORAGE CHARGES INCLUDED IN THIS ESTIMATE. ***THIS IS NOT AN AUTHORIZATION OF REPAIR.*** ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** ESTIMATE RECALL NUMBER 1111712004 44:21:23 04-M7050-01 U baMate Is a Trademark of MitdreR Intemational MNchetl Data Version: OCI oa A Copyright (C) 1994 - 2004 Mt" Intematlonal Ull raMste version: 5.5.008 AM Rights Reserved Page 3 of 4 Date: 1111712004 0221 PM Estimate ID: 04-390705M Estimate Version: 0 Committed Profile ID: CUSTOMIZED PROGRESSIVE WILL ONLY BE RESPONSIBLE FOR ADDITIONAL STORAGE OR MISC. HANDLING CHARGES WHEN - WARRANTED UF--TO:-TWb--DAYS--POST -T•HI-S APPRAitAL-DATE _ 'IN BOTH -REPAIRABLE AND.TOTAL. LOSS SITUATIONS. ` ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AW APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERE O CO TS FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PER76 I D CIVIL PENALTIES. APPRAISER SIGNATURE - Lz' -J .REPAIR "SHOP MANAGER ` S SIGNATURE . Event Log 1!172004 01:4727 PM " _ .. .. - • - ' Z? ?'• - - -Estimate Started' .. - .. -'111172004"01:49:09 PM' - - .... ? .. • .: -- -s - _ •. _ . - . I •• -- Estimate Printed: 72004 OZ 19:04 PAR -. ' _ - - Estimate Committed: =11/1712004 "0221:23 PM :- = - - - -• - : _ _ - _ _ _ • : _ _ Estimate uploaded: _ - " Estimate not uploaded ESTIMATE RECALL NUMBER: 11117!2004 14:21:23 04-3907050-01 tll&vlWate is a Trademark of M ichad international Mitchel Data Version: OCT 04 A Copyright (C) 1994 - 2004 Mitchell International ultraMate Version: 5.5-DOB Al Rights Reserved Page 4 of 4 -Page: 1 Document Nacre: untitled CMSD2340 /CMSM2340 P A C M A N FEB 08 05 - 13:39 OPID: DAW0025 CLAIM PAYMENT INQUIRY TERMID: VT680494 INSD: SANTANNA, RAYMOND C JR POL: 39039012-2 DOL- : __ SEP- 18 -04- PA-MECHAN--BRN- ' _CLM:.:. 043907.050 - -_ ACTIVE - - REP: A Dor.LMAN J. PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,658.14 LINE 1: RAYMOND C-SANTANNA JR., ONLY**********+***f***************** LINE 2: LINE 3: ADDRESS: 102 THISTLETOWN DR CITY: HUMMELSTOWN ST/PR* PA ZIP/CPC: 17036 CwTRY.* U, .IN PAYMENT OF: COLL. DAMAGE TO 00 LOWE, LESS. DED. 1099 ? N - FEDERAL TAX ID: LAST UPDT REP: APD0003:. CDS CODE * 12 • PCL EFT - TRACE - # : 'ISSUING REP: A DOI MAk.:• BANK CODE* AS2 ISSUE DATE :, . NOV 17 04 APPROVED BY: :,_, STATE *. PA AREA * 252 REVIEW DATE: 06-160- _ STOP RSN * DRAFT # 437038303 REVIEWED BY: r - - C014MAND : Date: 02/08/2005 Time: 01:39:11 PM VERIFICATION I, Michael J. Dougherty, 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. §4944 relating to unworn falsification to autho 'es. Mi el J. Do rty - -- .r. Date E)Choo,+ B s SIM* 'URNEY r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNrx? -. PENNSYLVANIA `? CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY CASE NO: 05-2263 Subrogee of Raymond C. Santana, Jr. Plaintiff, HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE Defendant TYPE OF PLEADING: ANSWER TO COMPLAINT CD -? CJ? _ Q C.?1 FILED ON BEHALF OF : DEFENDANT MARINE PROPERTIES, INC. d/b/a/ HARRISBURG SEAPLANE BASE (improperly pled as Harris Marine, Inc.) COUNSEL OF RECORD OF OF THIS PARTY: JAMES W. JOHNSON, ESQUIRE JOSETTE F. SPIVAK, ESQUIRE PA ID# 23319 / 82356 HOLLSTEIN, KEATING, CATTELL, JOHNSON & GOLDSTEIN, P.C_ 1628 JOHN F. KENNEDY BLVD. SUITE 2000 PHILADELPHIA, PA 19103 215-320-3260 ANSWER TO COMPLAINT WITH NEW MATTER Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Hollstein, Keating, Cattell, Johnson and Goldstein, P.C. responds to Plaintiff s Complaint and avers as follows: 110247.00088:7N4544) 1. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 2. Denied in part, admitted in part. It is denied that Hams Marine, Inc. is a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania. Marine Properties, Inc., improperly plead as Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, is a Pennsylvania corporation. It is admitted that 333 South Front Street, Wormleysburg, PA is the place of business of Marine Properties, Inc., d/b/a Harrisburg Seaplane Base. 3. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 4. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 5. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 6. Denied. Answering Defendant specifically denies it was negligent or careless in its care of the boat. Despite reasonable investigation answering Defendant lacks sufficient (I0247.00088:TN4544) information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 7. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 8. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 9. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 10. Denied. This paragraph is a conclusion of law to which no response is required. 11. Denied. This paragraph is a conclusion of law to which no response is required. 12. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 110247.00088: TN4544 } WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests judgment in its favor and against Plaintiff, together with the award of costs and attorney fees. NEW MATTER 1. Plaintiff's claim is barred by the common law defense of act of God. 2. This Complaint fails to set forth a cause of action for which relief may be granted. 3. This Court lacks jurisdiction of the persons of Defendant Harris Marine, Inc. 4. Answering Defendant violated no legal duty to Plaintiff. 5. The action is barred by the applicable Statute of Limitations. 6. The plaintiff was guilty of the sole negligence which was the proximate cause of damages complained of. 7. The plaintiff was guilty of contributory negligence. 8. The plaintiff was guilty of comparative negligence of a greater degree that the negligence of the defendant, which negligence is denied. 9. The alleged damages sustained by the plaintiff are the proximate result of the acts and/or omissions of parties over which defendants exercised no control. 10. Plaintiff is not the real party in interest. { 10247.00088:TN4544) 11. Plaintiff lacks standing to bring this action. 12. Answering Defendant incorporates by reference the terms of the Dockage Lease Agreement, a copy of which is attached hereto as Exhibit "A", including, but not limited to, Paragraph 10 which states: "Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor," and asserts same in defense of the action. 13. Answering Defendant incorporates by reference the terms of the Dockage Lease Agreement, including, but not limited to, Paragraph 12 which states: "Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage," and asserts same in defense of the action. Exhibit "A." 14. Plaintiff's claim is barred by the terms, limitations and conditions set forth in the agreement. 15. Answering Defendant reserves the right to supplement its New Matter as indicated during discovery. 11 0247.00088 _TN4544 } WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests judgment in its favor and against Plaintiff, together with the award of costs and attorney fees. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: ':'James W. J son, Esquire PA I.D. # 3319 Josette F. Spivak, Esquire PA I.D. # 82356 1628 John F. Kennedy Blvd. Suite 2000 Philadelphia, PA 19103 215-320-3260 Counsel for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., { 10247.00088:TN4544 } CERTIFICATE OF SERVICE I, Josette F. Spivak, Esquire do hereby certify that a copy of Defendant's Answer to the Complaint with New Matter was served on January 19, 2006, via U.S. first class mail upon the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Josette F. Spi ak, Esquire 11 0247.00088:TN4547) ` r&()04/029 t i 1.5-40 VAX ? i vVRIFI 1 r Joe endant urine propert "; that I axn president of Def orized =ereby state t. c. and that a autl} a h is 1vltarlue-, 1chael owe?'sy fed ? roperly P ed in the f oregoin .` y ur Seaplane gaSe, imp the faces contemn `' cl that ` aeon ';?arrysb g also qtare I My informs. U-nowledge, `i n tiola on ats behalf. t of ?p4 relating td 'tto make t}i?s v e and correct to the best er e true l8 t? pa C. i Et Sy,?et riew IVia t to the penal es of suVlec bel• atlon is made is ?lerific lef. anon to authorities. ,?uns?orn falsrfic i . i t { It ; i 1 i WORMLEYSBURG RIVERSIDE CITY ISLAND MAY 15 THRU OCT. 1. 2004 MAY 31 THRU OCT. 1, 2004 MAY 1 THRU OCT_ 15,20N DOCKAGE LEASE AGREEMENT All information must be filled out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease, the boat will be pulled and you will not be allowed back in. This agreement made between LB? & B Holdings,4nc. and H sburg Seaplane Base hereinafter called Lessor, and named Lessee `1 -?? (` ?'q q? __ 13 I C1Cf j r. Home Phone, cc- -a5'11 Work hone - Emergency Phone., Address j?? tfr?r??/s??ryE?, ii?} j 7Q i6 Boat Registration# ?',? 3.: ^??t=Boat Make "Zoi4-r. Boat Year.?_-r,,, _Length Engine HP Engine Year Engine Model Jet Ski Make Jet Ski Registration # Providing for the rental of dock space for the berthing of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions- If boat is in the marina after the lease termination date, Lessee will be billed S10.00 per day as additional rental. Lessee agrees to pay unto the Lessor in con*ideration of the dock space furnished, the total sum of S `r=C?..? SLIP NUMBER - jo= b ls? cowl& oll, I. Lessor agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance- 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she is the owner of the above-described boat. This contract becomes null and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners- 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly- 7. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himself/herself. No work may be done by an outside contractor without written permission from the Lessor. 8. All pets shall be on a secured leash when at the marina. Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks). 9. In an emergency situation. Lessor shall be permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. 10. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances. 11. Water skiing or swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also- 12. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor.Q,u account of damage or loss regardless of how caused. It is understood between the pahies that this instrument is not a bailment or . contract of wharfage. 3. No vessel shall be advertised for sale in the marina. 4. Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Manna. One Primary Permit per vessel/ household will be issued. No trailers are permitted on 4pari lot. 5_ L essor reserves the right to exclude those whose actions ave to thers. k Lessor, B&B Ho ings, c. and Harrisburg Lessee Seaplane Base EXHIBIT DATE- ?/ j S?t? DATE- tiY6101 I , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, -14'- Subrogee of James Ford ? pt? Z_? CASE NO: Plaintiff, TYPE OF PLEADING: - _ _ - = eOMPLA NT IN CIVIL ACnON HARRIS MARINE, INC., dlbla HARRISBURG SEAPLANE BASE Defendants. FILED ON BEHALF OF: . Plaintiff COUNSEL.QF RECORD OF z:_ THIS PAR'T'Y: MICHAEL J. DOUGHERTY, ESQUIRE Pa. I.D. #76046 WELTM N, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04276307 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford. Plaintiff, V, HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE = Defendants.' NOTICE TO DEFEND CASE NO: TYPE OF PLEADING: COMPLAINT IN CIVIL. ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to AVISO LE HAN DEMANDADO A USTED EN LA = : "-- . - : ": defend against the claim set forth in the following pages, CORTE. Si usted quiere defendersc de cstas _ you must take action witbin twenty (20) days.after.tbis,- demanddeas expuestas en us paginas siguientes, . a wn ten convlaint and Notice are served, by en" g usted ticne veinte (20) dins de plazo al partir de la appearance personally or by an attorney in filiiig:ui ' fecba dela demanda y la notification. Hace falta .. ,:...._ : ; writing with the Court your defenses or objections to asenw una comparencia escrits o en persona o con.. _.. -:::-:.: •: „- to the claims set forth against you. You-sit warned that' un abogado y entregar a la torte en forma escrita _ .. :: : i?. if you fail to do so the case may proceed without-yori and'- 'siis defensas•o sin objeciones a las demandas en - . , a judgment may be entered against you bj the Court .:- contra de su persona. Sea avisado que si usted nc without further notice for money claimed in the Complaint se defiende-, la torte tomara medidas y puedt or for any other claim or relief requested by then _ _ _ .. _ contiauar la dennsWa en contra suya bin previo ;., .. plaintiff. You may lose money or property or other aviso o notification. Ademas, is corte puede _ rights irMortant to you. decidir a favor del dtmandante y requiere que usted _ cu=Vla con todas In provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos importantes Para usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO . INMEINATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DutECCION SE ENCUENTRA ESCRiTA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3I66 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford CASE NO: Plaintiff, V. _ TYPE OF PLEADING: ' = - COMPLAIM IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE - ` . _ - Defendants. _ COMPLAINT IN CIVIL ACTION AND -NOW COMES,Plaintiff-by'aad'thr_ough its counsel, WELTMAN,-WEINBERG &-12EIS; :CO an4.herebV-files this Cori plaint'agairis' Defendants jointly.and severally. In support thereof?.Plaintiff avers-- --- - - - - - . .. _ - •J •:-r _?•r.i•ar• -l a :.? ?.. ' . _... 7:-.-1; . -Flaintiff- Progressive - Northern: Insurance. -Company.--C-Progressive" is a, corporation with` a registered.officeloeated at P.O. Bois 43258, Richmond Heights, Ohio. ` - - `'- ' 2. Defendant, Harris Marine'' 'Inc:, doing busiricss'_-as• 'Harrisburg Seaplane Base, is a business • - organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Starcraft Pontoon Boat ('Inured Boat"), owned by Plaintiffs insured. 4. On or about September 11, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the can, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted; inter alia, of: failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on'the weather conditions which Defendant knew or should have known were occurring or were about to occur, failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As a direct- and proximate result of Defendant's negligence, the Progressive's Insured boat _ sustained property damage in the amount of $2,723.09. _ 8. Pursuant to the terms and conditions of the, insurance policy, Progressive paid the sum of 52;473.09: A true and correct copy of the payment and damage documentation is attached hereto and-ntark? d as;;_. . Exhibit "1„ • 9.. - th addition,-the Plaintiff's -Insured also sustained damages in the amount of-5250.00 representing _ his deductible. - 10. Pursuant to the insurance policy issued by Progressive and-as a result of said aforesaid payment, Progressive became.subrogated to the.claim of its Insured against Defendant:. e! -0 4 i alt. !Mc 11. Pursuant to Progressive's right of subrogation, Progressive, is presently.due and owed from v? Defendant thi"sum of $2,723.09. 12. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff' demands Judgment against Defendant in the amount of $2,723.09 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: f WELTMAN, IE , & REIS, CO., L.P.A. Mu 1=1 a. jivur'"F-Ity, J6.01j"AA%' PA LD, f# 76046 325 Chestnut Street • Suite 1120 Philade]phia-:PA -19106 (215) 599-1500 -W WR#04276307 _--ic-- :• . - r.x EXHIBrr 1 Daw- 10I0?7609.A 'ESuma?te 0 ./mate VB- d _ _.,.n47E Progressive Insurance 5053 Ritter Road Suite 101 Mechanicsburg. PA 17055 (717) 791-5478 Fax: {717} 697-6711 Date: 10/081200412. Estimate V. 04-3867609-01 Estimate Version: Q Committed Profile ID: CUSTOMIZED Damage Assessed By: LICENSEOV3265 ANDREW DOL.LMAN Claim Rep: ANDREW DOL8LMAN Product TYPO Boat Date of LOSS: 0911/2004 Deductible: - - 250.00' - Pocky No: 41567436-001 Claim Number. 04-38b7609-01 Insured: ,JAMES FORD Address:: 408 SYLVAN STREET MARYSVILLE, PA 17053 Telephone:. Work Phone: - (717) 834-3515 Home phone: (717) 457-2458 Mitchell Service; 911000 Description: 00 STARCRAFT PONTOON BOAT Vehicle Production Date: 00100 VIN: STR50699KS00 Search Code: IIAECHANtCS1 OEM/ALT: A Color. BLUEITAN ' Line Entry Labor _ L.Ine Iteni Part TYPE/ Item Number Type Operation Description - Part Number 1 900500- MCH* ' REMOVEIREPLACE REPLACE LEFT REAR*FF-NCE N+ 2 _ 600500 MCH* REMOVEIREPLACE:- REPLACE RIGHT REAR FENCE New 3 900500 MCH*•-. REMOVEIREPLACE REPLACE LEFT FRONT FENCE New . 4-. 900500 MCH* REMOVEIREPLACE INSTALL DECALS ON ENTIRE BOAT New 5 SHIPPLN6 PRICE INCLUDED IN PARTS PRICES 8- CRATE CHARGE ALSO INCLUDED IN PARTS PRICES 7 900500 MCH* REMOVEIREPLACE REPLACE MAXXIMA DOCKING LIGHTS New a WWW.PARTSSYSTEMS.COM 9 900500 MCH* REPAIR REPAIR RIGHT PONTOON Existing * • Judgement Item A&n Labor Sublet :bor Subtotals Units Rate Amount Amount Totals Mechanical 7.0 55.00 0.00 Q.00 455.00 T Taxable Labor 455.00 Labor Tax @i 6.000% 27.30 w Summary 7.0 482.30 TE RECALL NUMBER: 101031200412:42:02 04-3867609-01 UltraMste Is a Trad- -- - :.: ;t . ;.:: ;' Dollar Labor Amount Units , 383.40: 0.5` ;n: ::890.8Q* 1.0* .?:.. 58.00 * 3.0* 36.85 * 0.0* i.S* IL Part Replacement Summary Taxable Parts Sales Tax Total Replacement Parts Amount Amount 2.113.95 6.000% 126.94 2.240.79 ,. astercoup?mad tWAG rYt nrio.co ` e@jU Tcountymad ne 10tOSt2? 08:50 AtA E)OIRmW,@prOgress?e•?rn T0: Andrew Q- _L.. . - . cc: re parts Subject: Starc i.in9 of the parts- for Pr And? a the bre?dov `v real fence $944.90 L ef {Port) re fence _ $383.40 - $53 , 00 ed ghippinc 1• t rear € $80g-10 a lacement pieces Ri-C31--t Pei i9Middle ce $690. t0 fence and other r ating and guest 3. it front fenca right iron crating - 2 ?t 4 Le al kit for the quote inc3Udes • 5' DeC emg plug tax, . - - .. . - .- :. _. " •• . :The abpve it - Znc - ' . - - TborXs ,)a- Marine• - asr-er county Laube gt 2Z2 A 1541 px1otl, 7 859 -112 torCO?'t?`arine • ?pTa ,: ....`• - - - ` : ..:. :. '. _ - ` •.? ?: :.. . ' . i { s r._ vrWW • lane ' • -- ' art.- 't ••..... ... _ .r : 7•` -... -... '_.. ' . - .. - • PAge: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 12:42 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: VT650190 INSD: FORD, JAMES G POL:. _.41567436-1 DOL SEP 11 04 PA-MECHAN--BRN- CLM: 043867609 ACTIVE ., REP:--A- DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 2,473.09 LINE 1: JAMES G FORD II, ONLY ************************** ****'?**#***** _ LINE 2: LINE 3: ADDRESS: 408 SYLVAN STREET -CITY c ' MARYSVILLB ST/PR* PA ZIP/CPC : 17053 .:.:r . :.: CNTRY U ' IN PAYMENT'OFs COLL DMG TO 00 STARCRAFT, LESS $250 DEDUCTIBLE -- _: 1099 ? N FEDERAL TAX ID: LAST UPDT REP: APD0003 ; CDS CODE * 12 PCL EFT TRACE #z ISSUING REP: A DOLLMANC-.-;: - BANK CODE * - AS 2 I S SUE DATE OCT 08 04 -APPROVED BY : ; • _;_ -_-- - _ f • . ' - STATE * PA AREA * 252 - REVIEW DATE : '00-•00 STOP RSN-* DRAFT # 436399936 REVIEWED BY: )ate: 03/04/2005 Time: 12:42:27 PM VERIFICATION I, Michael J. Dougherty, 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 authori es. - '-?eq Michael . Dou &rty - =Date ???`? ?? r c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY,- Subrogee of Edwin Ullom. CASE NO: •Plaintiff, V. TYPE OF PLEADING: - - COMPLAINT ]N`CIVIL ACTION - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. FILED ON BEHALF OF: Plaintiff -- T' :. -^ COUNSEL OF RECORD OF THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIRE Pa. LD. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04141976 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Edwin UlIorn CASE NO: Plaintiff, V. TYPE OF PLEADING: COMPLAINT IN CIVEL ACTION HARRIS MARINE, INC., d/b/a .- . : . _ HARRISBURG SEAPLANE BASE _ Defendants. _ NOTICE TO DEFEND NOTICE AVISO ' _. _ . YOU HAVE BEEN SUED IN COURT. If you wish to LE HAN DEMANDADO A USTED EN LA '' defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estas =,; _ .. ` '' = r you must take action within twenty (20) days after this. • ` ' . • - demanddea_s expuestas en las paginas siguientes, ?_ . _ .:.. itten complaint and Notice are served, by entering awr iisted tieinc veinte. (20) dies de plazo al partir do appearance personally ai by an attorney in filing in •' ' feciia dela demanda y la notification. Hace falta _ ?- :._ . •: i ? : writing with the Court your defenses or objections_to , << _ ..: - . asentar una comparencia escrita o en persona o coif. _ to the claims set forth against you. You are warned that un abogado y entregar a is carte en forma esari tai if you fail to do so the case may proceed without yuand• sus defensas o sus ob}eciones a las demandas en_. - , • a judgment may be entered against you by the Court' ....... ' : - contra de su persona. Sea avisado que si usted no. .: ? - » `• without further notice for trioncy claimed in the Complaint _ _. . : se defiende, la torte tomara wedidas y puede ' .i or for any other claim or relief requested by the.--'--. . continuer la demanda7en contra says sin previo • - plaintiff. You may lose money or property or other- aviso o notification. Ademas, la torte puede - rights important to you. - - decidir a favor del demandante .y requiere que usted - cumpla con Codas las provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otras drechos iniportantes para usted: 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: LLEVE ESTA DEMANDA A UN ABOGADO INMED1ATAMENTA. SI NO T[E'NE ABOGADO O SINO TiENE EL DWERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Edwin Ullom CASE NO: Plaintiff, V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE TYPE OF PLEADING: COMPLAINT IN CIVM ACTION : Defendants: _ _... -?- -- -_--- - -___- COMPLAINT IN CIVEL ACTION -'AND NOW'COMES PlaintifT,by aria= tlirougli' its counsel, WEL'IZViAN; _WEnvsERG & REIS,, CO.,_ V- LA., and hereby files this Con'plairit against Defendants jointly and severally: In support thereof. Plaintiff avers . • . - ,. as:follows•_?;.. _ _L .. .. _...- _:-.-..: - _-:._.:: __. _ ._ ..__ , . . -: ; .• _ :1 : -. ? . , -- •:?:_s - .:=:; --- . _ '. ':_:': _•s:;i.,. z. - _••-''`? :::i:?:`s:'-_,r-= •; •. ;•.?,r}?wr-."':•":' __'_.:'::::=.•..:'- -:• :i::4=:?.1_ .--i.-.:'-:...?: ..:_ .. .„ ..-: ;. .•.. ? _: r. : _..:< . Plaintiff;: Progressive--Northern- Insurance-;Companyi-%{"Progressivc'?; is a: aorpoiation'v'vith a rcg gli&%0bio:-% - istered'officd located at P.O- Box 43258, Rich xhd Hei .2.7 - - Defendant, Harris* Marinc, Inc.; doing' business' i§ . Harrisburg Seaplane Base, is a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wonmleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 1999 Tracker Pontoon Boat ("Insured Boat", owned by Plaintiffs insured. 4. On or about September 18, 2004 the Plaintiff' Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. Wlu7e the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted, inter alia, of failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur; failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat 7. As a direct and proximate- result" of Defendant's•..negligence, the Progressive's Insured boat sustained property damage in the amount of 519,500.00. - 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of 519,500.00: A. true and correct copy of the payment and damage documentation is attached hereto.and._nwkcd as . Exhibit "1" = - .:.: - - = - - - - - - 9. - Pursuant-to-the insurance policy issued by Progressive and as a result of said aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. - 10.. Pursuant to Progressive's right. of subrogation, Progressive is presently due and owed from Defendant-the sum-of S 19500.00: - 12. Repeated demands- have been made upon Defendants for payment of the aforesaid sum; however, ,.: ?. Defendant has willfully failed and:ref ised to pay the sum due and owing to Progressive. _ •• VnMREFORE, plaintiff demands Judgment against Defendant in the amount of $19,500.00 plus interest and costs. THIS Is AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WE4 & REIS, CO., L.P.A. _ . :.. - _. ,. :. Michael Ypfou erty, Esquire - - PA I.D. 604 325 Chestnut S Suite 1120 :_:.. - .. -... _ ..::. _ . Philadelpbia,'PA 19106 (215) 599-1500 • .:. : ' __--. _ : -. - ? . .-- - -= ._.. --,.° _._.:. ; _•?-_..? -. - - . - 'VVWR#0414197b..:..::.??:.._.?:,?- :?• . 7r Date: 1 On 312004 02:00 PM Estimate ID: 043847062-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED Progressive Insurance 5053 Ritter Road Suite 101 Mechanicsburg. PA 17055 (717) 794-5178 Fax: (717) 697-6711 Damage Assessed By: UCENSE*273265 ANDREW DOLLMAN Clain Rep: ANDREW DOLLMAN (717) 791-5178 ProductType Date of Loss: Deductible: Policy No: Insured: Address: Telephone: Boat 09/1x/2004 250.00 - 42360716-000 EDWIN ULLOM - 4423 AVON DRIVE HARRISBURG. PA 17112 Home Phone: (717) 652-0244 Claim Number. 043647062-01 Mitchell. Service: 911000 Description: 99 TRACKER PONTOON BOAT Vehicle Production Date: 00100 VIN: BW27161D999 OEWALT: A Search Code: TRAINI Color: - GRAY Una Entry Labor Una Item Part Type/ Item. Number Type Operatlon Description Part Number • ` ' _ 1 900500 MCH' REPAIR REPLACE RIGHT LOG New -- - 2 900500 MCH' REPAIR REPLACE LEFT LOG New 3 900500 MCH' REPAIR - REPLACE RIGHT DECK EXTRUSION New 4 - 900500 MCH• REPAIR REPLACE RIGHT SIDE RAIL COMPLETE. New 5 900500 - MCH' REPAIR DECAL RT StDE OF BOAT New ' 6 900500 MCH• REPAIR REPLACE MARINE RADIO/CD PLAYER _ New 7 900500 MCH' REMOVE/INSTALL REMOVEIINSTALL CABIN SIDES FOR ACCESS Existing 8 900500 MCH• REPAIR WELDING FOR EXTRUSION Sublet 9 900500 MCH" REPAIR DETAIL BOAT Existing 10 900500 MCH' REPAIR REPAIR BIMINI TOP Sublet ' 11 HARRISBURG SEAT COVER 717-238-9611 12 900300 BDY' REMOVE/REPLACE RECONDITIONED CAVITATION PLATE Sublet 13 900500 MCH' REPAIR REPAIR CAVITATION PLATE 'Existing 14 900500 MCH' REPAIR REMOVERNSTALL PROP Existing ' - Judgement Item ESTIMATE RECALL NUMBER: 10/13200414:00:34 043847062-01 UitraMate is a Trademark of Mitchell International Mitchell Data Version: OCT 04 A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.014 All Rights Reserved Dollar Labor -Amount ' - • Uri is 4.200.00'`= 8 .0' {_ _ _ 4.200'00''--8 0- _ „- ' l • 471?16' - 2.5• vE p 266;19' : 3.0' ' - -' ''A-250:00'';0.3' '? 150`00 • ; 0.0- , 53.00 . ' O.0' ' 100.00 • INC' 3.0' O.r Page 1 of 3 Data- 10113R004 02:00 PM Estimate ID: 04-3647062-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED Add'I Labor sublet 1. Labor Subtotals Units Rate Amount Amount Totals Mechanical 34.5 65.00 0.00 205.00 2,447.50 T Taxable Labor Labor Tax @ 7.000% Labor Summary 34.5 10. Additional Costs Total Additional Costs 2,447.50 171.33 2,618.83 I Part Replacement Summary Amount Taxable Parts 9,651.35 Sales Tax ® 7.000'x. 675.59 Total Replacement Parts Amount 10,326.94 Amount N. Adjustments Amount 0.00 Insurance Deductible 230.00 Customer Responsibility 260.00• 1. Total Labor- 2.618.83 11. Total Replacement Parts: 10,326.84 in. Total Additional Costs: 0.00 Gross Total: 12.945.77 IV. Total Adjustments: 250.00 Net Total: 12,695.77 Inspection Site: CITY ISLAND HARRISBURG, PA Inspection Date: 0987/2004 ...:.. - .. .. •, _ THE - VEHICLE= OWNER. MAY HE RESPONSIBLE.; FOR- ADDITIONAL- COST =:ASOVE.. THE . ' :_.... - -, r ; •-- -- ti THERE IS NO REQUIREMENT TO USE lY`.3PECIFIC 'REPAIR _ APPRAISED; At P ' _ : Y _ O$W .-i.-THE !INSURER: CAN':PROVIDE A: LIST' OF 3;tii, :t SHOPS:: T$AT -B SHOP . , . WILL B&'-ABLE:--T07 REPAIR-•THE - 3TEHICLE TO ITS. PRE-D21MAE" CONDITION...: :??:? . - THIS APPRAISAL''MAY"'I1?ICLUDE ' FT T CRASS PARTS. Aq REPI ACEKENT - - __ PARTS _ F THL:;IISE°OF;-ArT T-.-CRASH PART VOIDS. TIE--EXISTING-'-- WARRANTY ON THE PART THAT IT REPLACES; OR ANY OTHER PART; THM THE ' ' - .. . AFTEFOGUMT PART LISTED ON THIS ESTIMATE WILL HAVE A•- WaRRANTr THAT MEETS OR-EXCEEDS THE' WARRANTY •OF THE ORIGINAL MANUFACTURER. __ .. •. .! .,,:,. AFTETOWUMT PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEEDED WITH A/M. AN AFTE>RMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLANT PART, EITHER NEW OR USED, FOR ANY OF THE NON bIECHANICAL PARTS THAT GENERALLY CONSTITUTE THE'EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. LIFETIME GUARANTEE FOR SHEET ANAL 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 ESTIMATE RECALL NUMBER: 101131200414:00:34 043847062-01 UltraMate Is a Trademark of Mitchell International Mitchell Date Version: OCT 04 A Copyright (C) 1994 - 2002 Mitchell International Page 2 of 3 UltraMate Veralon. 4.8.014 All Rights Reserved Date: 1011312004 02:00 PM Estimate tD: 04-3647062-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED 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 1-600-274-4641. This Guarantee applies as long as you own or lease the vehicle. This Guarantee is not transferable and terminates if you sell or otherwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED BY EMPROPER 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 HE LIABLE FOR ANY' INDIRECT;`' INCIDENTAL OR CONSEQUENTIAL DAMAGES TgAT__. RESULT FROK 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 EQUI PK NT M[ANUF'ACTURLR - PART. NON-OEM A_ ND A/N AND QUAL REPL -- THESE REFER TO AN A TER-1?ARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANUFACTURER PART. USED/RECYCLED AND LKQ -- THESE. -REFER To, A USED OEM PART. REMMIMFACTURED AND RECOND. AND _RECORE. =THESE REFER TO USED/RECYCLED. OEM PARTS THAT HAVE BEEN : REFUABISHED . - THI$a ESTIMATE' REPR$SENTS 'AN AGREED PRICE--BASED- ON- -ALL KNOWN-- AT TSL3 TINA:': `'THB` 1tEPAIRER" AGREES '.1'O. COMPL_ETE- AND • GUARANTE E: ALL: "? 'LIS'1'ffiD•'REPRtitS;" ]4N17"ALh To Na AND- -STORAGE--CHARGES::'.INCLU>PFDr:IN;;THIS_.•--Y -... _ .: : # # t.T8I3'' KNOT 'AN' _AUTH_ORI ZA - - _ - - ' :: _ _ TSON- OF'REPAIR:=***' _R Yt. .. -' '•' • - =,r f *NO? -9UPPZ?EidENTS-WI` .. _.. ! .. .- R' UTHOItI ??: TROUT PRIG A YJITION O REINSPECTION. .. - ._ - _ .. ._ ..._ - _._. . _: . •. •• . - • :4.. ? :l '?_ .- - .- • "?{ .__.e.1 - .1•/?..L PROGRESSIVE• WILL ONLY Ek'RESPONSIBLE- FOR'ADDITIONAL STORAGE OR MISC.::. HANDLING =CHARGES - WHEN- WARRANZ 'UP AYS POST THIS APPRAISAL .: - - _ DATE IN BOTH REPAIRABLE AND ?ATIONS. APPRAISER SIGNATURE REPAIR SHOP MANAGER'S SIGNATURE WARNING: Accidental air bag deployment is possible. Personal Injury may result. Avoid area near steering wheel and instrument panel even N air bags have deployed. Dual-stage ale bag modules may be present that could contain an undeployed stage. When disposing of a deployed dual-stage air bag. always treat it as a 'live' module. See appropriate MITCHEIAV AIR SAG SERVICE a REPAIR MANUAL, or OEM Information. ESTIMATE RECALL NUMBER: 10/131200414:00:34 04-3847062-01 UltraMate Is a Trademark of Mitchell Intemational Mitchell Date Version: OCT 04 A Copyright (C) 1994 - 2002 Mitchell tntematlonal Page 3 of 3 Ultramate Version: 4.6.014 All Rights Reserved TOTAL LOSS vs, REPAIR ANALYSIS WORKSEWET M l) COST TO REPAIR:... - -- - - - -.:; Initial Cost of Repair .............................. ... $ N5, 77 Documented Open Items (Anticipated Supplements)...... Plus Rental Cost (Based on Formula: Total labor hours / 4) .. plus s._ s 5-00-00 SPA, /Vsr 72 2).-COST TO TOTALr - - .- _ .. ?: 4 I do Total-Cost• j(/ ?j 1...%..'-?- :.1..11 L?Zr. .. _ _ -(V _ Report mcl taxes eL1•• ..•.• ........................ ). ; ACV • 1/ _.? ..... $ •, f • 4? : r.,-.--' S._. T.:.11? t•-'L?••?'Y???•?y;:'r..??wt\.--_,??•?..". '__.: ??-L7 :?'f.?s •: 2'_.. :1. - - ?• _ ??? .?. _•?•• •_• •f_?-s=l. 013 Tow & Storage charges ...................................... p $ _ •_ :w _•j+?•:ti, r•.r. ".fit 1? ?-_ _ ?7 y'i-'. .?.?M .?_t_ .:• i y• '..•' - ? _ -. w.•• •. ?••••?•i••.•_.....•••.••_•. ••r • • i _ •. o'it..• ?-.?•.?» ?w•-?: :,;'yi I Plus--, $=r125r6 t • ••..•• _.•••• • •.•• N, :i I,?'T ? - •???': - 'y •• j_:'.??i,}?i•::- - '-Ywt?_??.._t... n:. ' _..:._.J:.. :??:.? i?- r•: f °i s r - .i+1C.:Y' • _ Salme bid .......................................................... minus w . _ _---? •ti-_- -.-?.:Y-_.?.-? - _{ - .. •t?a_:_.?_ . __:?: . ' -?. - j:_3?=- 65'x:: 0 ? ?__- -_ _.. - _ _. _ _ . ** All total losses must be reviewed by a team leader, manager, or trainer prior to any payment authority being granted. **'? *** Granting of payment authority must include FSN documentation of photo review** *** A rep must consult with a team leader, manager, or pd trainer on any vehicle they believe should be totaled notwithstanding the fact that the economic analysis indicates otherwise. *** Sept 2003 Document Imaging Service Center has added this page to your original document to alert you of special circumstances regarding your document. PLACARD This is to notify you that the following page(s) are: Black/White Photos Original RECEIVED is a Photo Copy of: Check 1?ji -Certificate Registration This is to notify you that the following item(s) were removed from this document: Non-Scanned Item- SENT INTEROFFICE Description: Non-Scanned Item - NOT SENT INTEROFFICE Description: Dlskotte or CD ROM - SENT INTEROFFICE Video - SENT INTEROFFICE Audio Recording -NOT SENT INTEROFFICE Revision 4/2005 • L ?,'.'1 .r:-ru -_ :;l•?:s?f..r-? ?-l'.. ? -i:?=ice-fly .i .1 TISH AND 0AT--;C TO A TE OF TrrLE EDWIN C ULLOM D JTROS s JANINE R ULL014 4423 AVON DR kt? ~? HARRISBURG PA 17112-1504 `st,•' • ?• ? 4w '? ' ? . ?• '' '''??, < < •? ?, ? RiiYERSS SIDS Foil LEG164b) Ian 71?L Dtaxids UP L s • i,Z' ''t Deft or BUJ27161D999 .HUT '+;, r .? ??• ' • G.i ±:,..- Han I ttsm? ' ? Caa•-??. 44 .??. a?.: ... •y . r Soeld Mass fiat of be 5t# djs Z7 c..,bwm. 4 rr??rN (•Cgpst.+?? _ _ - s .1 i? t?` /J .r_''y .d • ' :. !s '. r,•T.? •4 • t.•- .'`r'A+{ Pall, . _ by ?? 1 ? ?ti• / -c ±4 • .. ._ - ' 1141 `? 1 lbwi y4'•' ??? y j?• K ?`t_ - . •c .y'°?":-?'= ' .a: ?r ;3,.??. a '?"-??:???: Al -b V. TMTTM ?' r ` '? - ?t.:• ., `wA • .a •i+?,?-..-_? :v?1"-r?'.;?.-.: ? Mi•? =-•). mil, r Page: 1 Document Name: untitled S. CMSD2340 /CMSM2340 P A C M A N JAN 04 05 - 16:57 OPID: DCM0012 CLAIM PAYMENT INQUIRY TERMID: VT690707 :INSD: ULLOM, EDWIN C POL:-42360716-0_ D'OL - : SEP 18 -'04- - PA-MECHAN-BRN `=- 04384`7.062''"'ACTIVE REP:-:: A ` DOLI;MAN;; PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 19,500.00 LINE 1: EDWIN C ULLOM, ONLY*******************************?********? LINE 2: , LINE 3: ADDRESS: 4423 AVON DRIVE . -CITY: HARRISBURG ST/PR*.`•PA - ZIP/CPC: 17112.,......•. CNTRY*. U, = III : PAYMENT • OF . COLL TA TO 9 9: BC?AT , ' PROG _ OBTAINS SALVAGE , , '•' l{ 99 ?" I3 FEDERA:C TAX ID: LAST: UPDT. REP:•.•APD0003 - _CDS._.CODE:=* ..:12• PCL _ , . :. EFT.:TRACE= .t --._ :.. __ __ W? . ?= ' ? _ S DING - R$P, z _" A•' DOLLNI?iN!= ; _.,: . '2 K - M-- AS2 ISSUE DATE OCT=04:=::=:-APPRQVSD? BY- TAPE ? ?•. *; -,PA: '-' ARE;a: - : : I3ATB a ' _" :+;0 40 ,?_ -' R$VIBW 252 1 7 . . , _ . , . , - *'- - STOP RSN * DRAFT# kWl EWER - -BY : 43652136 i . -fir. ....; - - . ?'-: ,;:... :i;:?-?...t•`=::7i- :t.':: '.? - - - -?- r--• }? _ _ , _ _ . ?f ? . - r :_ :.t " '.'.?.` • :???" "? 3uerar, : i :a'. _ ?• t' : ... 1..I?Mrn..:r-:r:_ :iz.. -t- ?'=t??Y• D:{ ':i•Twiltf• - '- `-" : - - i .? ._ .. -. .: e. ??...: -{?•?i ••::. •j':$•.-... ? •` 'rte -_ •`: - - .. _ •L :. 1 - .. . .: .. -' _ .._. - --___ _.. _. .. .___.. • . .. ? _ _. . ._ ...__ -?..-__... .. h: __ . •L ?_ * _ •1 :• ? alb.. •y- •. -? - .•_ .. - +i-saib?.__ :.t+?it: .. ..•t+:•r_ =:: __.. .. r:. _.: ..a .... ....._ •_-_ • -i .: ? _ z,'.Cl:-„`z-? _? ?.:?-. .. ..,v1.:•.. _,- _. _.- _ ' .} J"'??'?,?M-f.:_? jY?1•.•!s!F1.• .•??JM1• ?,i!'.r':;?r. ... .-i a -t!.:•a:b:: ? t? • - i _ ':.??.. - , _ _ •• : _,"d:w:. •" - - ?. ._ -. .. '-` f ?' A • - • `•isi? - _ _• - _ ?f.i•f:..- ..-?.1: ,Tf? •+: .. -. -. - - ???1:i ..f._ ?•' - -'•^?i-.v?f!K late: 01/04/2005 Time: 04:57:47 PM r, VERIFICATION I, Michael J. Dougherty, 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 Imowledge, 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. -' - Mi ael ou - Dge- -• , ~_ • t.- •r : ya». Wit'-••: -!'?:• :.. ?• ;..:• _ .- :-_?_... .? ..a:. r??L_.?`:+• ?arw:9'? •?.« a`:i'• .yr.::?-Z=7Ft=.. •i?.5" J• EX t) i6+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg Shang- Plaintiff', V. - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. .:. CASE NO: TYPE OF PLEADING: _-COMPLAINT IN-CPAL ACTION FILED ON BEHALF OF: Plaintiff = _ . COUNSEL OF RECORD OF -_: THIS PARTY: - ..MICHAEL J. DOUGHERTY, ESQUIRE Pa. I.D. (#76046 WELTMAN, WEJNBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR ##04276311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CrnL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg Shatrar Plaintiff, CASE NO: V. TYPE OF PLEADING: COWLA NT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE - = _ Defendants. NOTICE TO DEFEND NOTICE Avi80 ' YOU HAVE BEEN SUED IN COURT. If you-wish to LE HAN DEMANDADO A USTED EN LA defend against the claim set forth in the following pages, CORTE. Si •usted quiere defenderse de estas - you must take action within twenty (20) days after this-- - ;= J manddeas expucstas en 1as paginas siguienits,- :r complaint and Notice are served, by entering a written j usted tiene veinte (20) dins de plaza al partir de la appearance personally or by an attorney in filing in _ feeha dela demanda y la notification. Hace falta writing with the Court your defenses or objections to asentar una comparencia escrita o en persona a con..._... .: :.. -; • : to the claims set forth against you. You are warned that- _ _ , ; , . un abogado.y entregar a la carte en forma ewrita__?;,, if you fail to do so the case may proceed without yoti arnd:= ' sus defenses o sus objeciones a las demandas en : ..... . a judgment may be entered against you by the'CourV.`.,=--- - contra de su persona. Sea avisado que A usted no:. ...,.-_„.,: Without further notice for money claimed in the Complaint ~ _ se defiende, la carte tornara medidas y puede ,- ... or for any other claim or relief requested by the'.: _':': - " F6ii uai la &manda en contra suya sin previo You may lose money or property or othei plaintiff. Y Y P aviso a notification. A •- demas, la torte puede - rights important to you. = = decidir a favor del demandante y requiere que usted. cumpla con todas las provisions de esta deman& usted puede perder dinero o sus propiedadas u otros drechos importantes pare usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TWNE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENI'KA ESCRTTA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg Sharrar Plaintiff, V. CASE NO: TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE ' -Defendants.-- -- COMI'LAYNT IN CIVIL ACTION - ' ' - --- AND NOW COMES, Plaintiff by and tl rotig?i_ its -counsel---WELTMAN; WEINBERG & REIS,- CO., , . L.P.A., and_her?b file's this Coiiiplaint aganist-D'eftn6&nts idintly and severally. In support thereof; Plaintiff-avers-:,. - .:1. :•,Plaintifly Progressive Northern::Irisurancc: Company("Progres'sive'),--is a coiporatioin with--a?:,:.,• registered office Ioaated at P.O. Box 43258, Richmond-Heights; Ohio. . ?; . 2.- Defendant, Harris Marina; Ync ; doing' busiiicss "as" Harrisburg Seaplane Base, is -a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2003 Sun Tracker (`Insured Boat'), owned by Plaintiff's insured. 4. On or about September 19, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted, inter alia, of failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur; failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As' a: direct and proximate `result of =Defendant's- negligence, the Progressive's Insured boat- . sustained property damage in the amount of $7,449.15. ;,. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of ! , •. $6,944: t 5.: A_ true and -correct copy of the payment and damage documentation is attached hereto and _marked as., Exhibit "1". -... = .: _ .._ ... - - _.... _ - - - - - 9: :. -.In-additioni:the Plaintiffs-Insured also sustained damages in the amount of $250.00 representing.; his deductible. to. Pursuant to the insurance policy issued by Progressive and as a result of said aforesaid payment, - -Progressive became subrogatied to.th_e claim of its.insuied•against Defendant. • _- .••! _ •f.w' ?.??f:_s .. ;1 •r' - ..r... - __• _ • ... .. _ • -• .. •.. . .- .?, Vl•N•??=I...: pia-L ::.:?? ' 41: - Pursuant fo-- Progressive's right of subrogation, Progressive is presently due.and owed-,from .. Defendant the suia'of $7;449.15. 12. Repeated demands have bedii Inade upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. a WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $7,449.15 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN INBERC & REIS, CO., L.P.A. - - ...... _. _ . - . = . Michael J.- Dougherty; Esquire.. PA M. # 76046 _ - : - 325 Chestnut Street. . Suite 1120 -Philadelphia, PA _.19106 , . . (215) 599-1500 WWR#0427630.7:-,E ,s . ., :;:•.i.•._ °z --'t silt: --'- - .... ?:i :?{ -.... .?__:.. .. - _. - ? .-? - .•_ - _ - "- • .. -71 ?? `' :L ._ ? EX?iIBTI' I Date: 01/18/200510:25 AM Estimate ID: 043809859-01 Estimate Version: 1 Supplement: 1 (F) 0111 &M510:18:1 S P Profile ID: CUSTOMIZED . FRIGN SSPH 5053 RITTER ROAD SUITE 101 MECHANICSBURG. PA 17055 (717) 791.5178 Fax: (717) 697.6711 Damage Assessed By. LICENSE0273265 ANDREW DOLLMAN Claim Rep: ANDREW DOLLMAN (717) 791-5178 Supplemented By: LICENSE#273265 ANDREW DOLLMAN • Product Type Boat ` Date of Loss: 091192004 • Deductible: 500.00 - Policy No: 35294164-001 ' Clalm Number. 043809859-01 insured: GREG SHARRAR•.=-" : _ Address: 1815 ENGLISH AVE MEt;HANICSBURG, PA 17055 Telephone: Work Phone: (717) 545-3758 Home Phone: (717) 79548895 ° -- --Mitchell Service: 911000 Description: Vehicle Production Date: 00(00 VIN: OT685144 OEMIALT: A Search Code: MECHANICS/ - - Color. IVORY ?. Line Entry Labor Line Item Pert Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units MANUAL ENTRIES - - :. - 1 900500 MCH' REPAIR REPLACE STARBOARD LOG New 3.490.00 8,0 2 900500 MCH' REPAIR REPLACE STARBOARD DECK EXTRUSION 3 PIECINew 3 900500 MCH' REPAIR REMOVE INSTALL RIGHT FENCING Existing 4 PARTS AVAILABLE FROM RYAN VYGAS 5 AT BASS PRO SHOPS- 6 410489-2500 EXT 4480 T 900500 MCH* REPAIR HAULING CHARGES Sublet 413.00 ' 0.0' 8 INCLUDES HAULING. TRAILER FEE, 2ND MAN FEE - - • _ 9 900500 MCH' REPAIR DETAIL. BOAT INTERIOR Existing 2;0' 10 900500 MCH' REPAIR SHOP SUPPLIES Sublet 11 I s l 00500 MCH• REPAIR 9 WELDING SUBLET TO"HANDLED AS SUPPL.EMISublet 375.00 0.0' 12 s i 900500 MCH' REPAIR FREIGHT CHARGES HANDLED AS A SUPPLEMENrwblet 625.00' 0.0' ' - Judgement Item ESTIMATE RECALL NUMBER: 1011 312004 10:47:08 04-3809859-01 UttraMate is a Trademark of Wddreti International Wt hell Data Version: DEC_04 A Copyright (C) 1994 - 2004 Mitchell International UttiaMate Version: 5.5.008 All Rights Reserved Page 1 of 4 1. Labor Subtotals Units Rate Mechanlcai 13-5 65.00 Taxable Labor Labor Tax Labor Summary 13.5 Ill. Additional Costs Total Additional Costs Add1 Labor Amount 0.00 ® 6. Sublet Amount Totals 1.428.00 2.305.50 T 2.305.50 DD0 % 136.33 2.443.83 Date: 01/181100510:25 AM Estimate ID: 84380985E-01 Estimate Version: 1 Supplement- 1 (F) 01/18x2005 1D:1815 A Profile ID: CUSTOMIZED 11. Part Replacement Summary Amount Taxable Parts 3,640.00 Sales Tax 6.0009E 218.40 Total Replacement Parts Amount 3,858.40 Amount IV. A44ustments 0.00 Insurance Deductible Customer Responsibility Amount 500.01 500.0( 1. Total'Labor. 2,443.1: Il. Total Replacement Parts: - 3.88.45 ( - Ili. Total Additional Costs: :. . 0.0( Gross Total: - 6.302.2: . IV. Total Ad)ustments: 500.0( ` - Net Totat: 5.8022; Less Original Net Total: 4.742.2: Net Supplement Amount 1.060.01 S1: LICENSE#273265 ANDREW DOLLMA1.060.0( -.... •..... - _ . Inspection Site:.. BIG BEE BOATS MARYWLLF . Inspection Date: 09/27/2004 ' THE VEHI • LF RESPO Oil?7 NS IBL£". tOR ADDITIONAL 'COST C ER' MAY;`BE ,ABOVE THE _: APPRAISED:'AMOUN7'.=..:.THEME : IS. NO REQUIREMENT TO USE A SPECIFIC REPAIR-i_ - SHOP, HQWEVER.:.::TIE`? INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT .. WILL BE.-ABLE--.TO.-REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY'lNGLUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS.--IF THE•USE?OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING PARTS.--IF WARRANTY-ON-THE - THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE * _ AFTERMARKET PART LISTED ON THIS :: ESTIM.A,TE WILL HAVE A WARRANTY THAT - MEETS OR EXCEEDS*THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEEDED WITH A/M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS-THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE, THE AMOUNT SHOWN INCLUDES TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND AFTER THOSE REPAIRS. LIFETIME GUARANTEE FOR SHEET METAL AND PLASTIC BODY PARTS ESTIMATE RECALL NUMBER: 10113x200410:47:06 04-3809859-01 UltraMate Is a Trademark of Mltdnell International Mitchell Data Version: DEC 04 A Copyright (C) 19M - 2004 lAtchell International Page 2 of 4 1 ntrfltulatw Vwrsion- 55.008 AN Rights Reserved Date: 01/162005 10:25 AM Estimate ID: 043809859-01 Estimate Version: 1 Supplement: 1 (F) 01118200510:18:151 Profile tia: CUSTOMIZED The replacement parts written on the estimate are intended to return y our vehicle to its pre-loss condition with proper installation. After :-- -: repair, if any sheet metal or plastic body part included in the estim ate fails to return your vehicle to its pre-loss condition (assuming p roper installation), in terms of form, fit, finish, durability or func tionality, 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 associat ed repair and rental car costs). To obtain service under this Guarante e, call Progressive at 1-800-274-4641. This Guarantee applies as long as you own or lease the vehicle. This G uarantee is not transferable and te_rminates_.if you sell or. otherwise t ransfer your vehicle. -• THIS GUARANTEE DOES NOT COVER NORMAL-WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE, NEGLECT, ABUSE _OR SUBSEQUENT ACCIDENT. - - THIS.GUARANTEE IS LIMITED TO ARRANGING FOR THE SELECTION OF REPAIR PAR TS THAT WILL RETURN YOUR VEHICLE TO ITS PRE-LOSS CONDITION. -ACCORDING -= - LY,*PROGRESSIVE WILL NOT BE LIABLE FOR-'ANY INDIRECT, INCIDENTAL OR CON== - SEQUENTIAL.DAMAGES THAT RESULT FROM THE.-INSTALLATION OR USE OF THESE P ARTS. * * PART TYPE TERMS. AND-.ABBREVIATIONS.. * * . _ . NEW AND OEM OR PART NUMBER DISPLAYED -- THESE REFER T0-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. = - REMP,NUFACT(IFt p: ANp==-RECOND-.-„"D-:RECORE.:--:THESE -REFER- TO bSED/RECYCLED?'== = OEM :PARTS.- THAT. HAVk BEEN- REFURBISHED-.-- THIS:- ESTIMATE- REPRESENTS AN--AGREED- PRICE :BASED ON ALI; -KNOWN= DAMAGES:. -= AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL ---- =" =t -:LISTED=:REPAI%S,.:-AND-ALL TOWING.-_AND_ STORAGE- CHARGES --INCLUDED IN _ THIS ' ...- ESTIMATE. ***THIS IS NOT AN AUTHORIZATION OF REPAIR-.*** ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** PROGRESSING WILL ONLY BE RESPONSIBLE FOR ADDITIONAL HANDLING CHARGES WHEN WARRAN' U TO AYS POST DATE IN BOTH REPAIRABLE AN ;7T ? =ATIONS. APPRAISER SIGNATURE REPAIR SHOP MANAGER'S SIGNATURE STORAGE OR MISC. THIS APPRAISAL ESTIMATE RECALL NUMBER: 10/13200410:47:08 04-3809859-01 UltraMate is a Trademark of Mitchell Intematimal Mitchell Data Version: DEC 04 A Copyright (C) 1994 - 2004 Mitchell International ullraMate Version: 5.5.008 AN Rights Reserved Page 3 of 4 Event L06, File Created: Estimate Started: Estimate Printed: Estimate Committed. Estimate Uploaded: 101132004 08:39:09 AM 01118rZ0051"7:27 AM 011181200510:20:28 AM 01/18720051025:29 AM Estmate not uploaded Date: 0111820051025 AM Estimate ID: 043809859.01 Estimate Version: 1 Supplement 1 (F) 01118200510:18:151 Profile ID: CUSTOMIZED ESTIMATE RECALL NUMBER: 10/132004 10:47:08 04-3809859-01 UltraMete Is a Trademark of Michel International Mitchell Data Version: DEC 04 A Copyright (C) 1994 - 2004 Mitchell, Intemational UI1raMate Version. 5.5.008 AN Rights Reserved Page 4 of 4 Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:24 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD: SHARRAR, GREG POL-: 35294164-1 DOL : SEP 19 04 PA-MECHAN-BRN- CLM: 043809859 ACTIVE REPc A DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 4,742.23 LINE 1• GREG SHARRAR AND*t*t*******************t**********,?**** LINE 2• GREAT SOUTHERN BANK, ONLY******,t******************#********* LINE 3: Q ADDRESS: 1815 ENGLISH DRIVE CITY: MECHANICSBURG ST/PR* PA ZIP/CPC: 17055 CNTRY*__U IN PAYMENT OF: COLL DAMAGE TO 03 SUN TRACKER, LESS. DED. 1099 ? N FEDERAL TAX ID: LAST UPDT REP: APDO003 CAS CODE * 12 PCL -EFT-TRACE #: ISSUING REP: A DOLLIAN:.._, _ ': BANK CODE* AS2 - '-- ISSUE' DATE OCT -13 "04. APPROVED BY: STATE * ' PA ARFA *-252 REVIEW DATE : al STOP RSN-* DRAFT # 436520246 REVIEWED BY: COMMAND.- Date: : .:.. - 03/04/2005 Time: 02:24:27 PM Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:25 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD: SHARRAR, GREG POL -35294164-1 DOL : SEP 1-9-- 04 PA-MECHAN-BRN CLM: 043809859 ACTIVE REP-:---A DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,060.00 LINE 1: GREG SHARRAR AND** *********************'***************?*? LINE 2: GREAT SOUTHERN BANK, ONLY************?**********?***:******t LINE 3: ADDRESS: 1815 ENGLISH AVE CITY: MECHANICSBURG ST -PR* PA ZIP/CPC: 17055_.-_-_.... CN'TRY* _I CN IN- PAYMENT-OF: -COLL. SUPPLE24ENTAL CHARGES FOR PONTOON BOAT 10 9 9 -? ?_N = FEDERAL TAX ID :: _ LAST UPDT REP : APD00 03_•-_ •• _ CDS CODB' *' 12 -'PCL EFT TRACE = * :: - = = Y ISSUING REP:. A DOLI,MAN - - - " BANK* CODE*;•'AS2 --'-ISSUE- :bAT9 'JA& id- 05 APPROVED BY .. - V - STATE'- - , * PA -AREA # .:.252• - REVIEG?-DATE.: STOP - RSN- * DRAFT J : 437991349 REVIEWED BY :_- _ COMMAND . Date: 03/04/2005 Time: 02:25:36 PM VERIFICATION I, Michael J. Dougherty, 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 Imowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification t authorities. Michael D gherty Date - - - •.:..:_;:,.1? _ - - e)C6)6,'- F 4 W fC U O o. w U W O N Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Jim Sauerwine CASE NO: M321 Plaintiff, _ - ~Y - -i TYPE OF PLEADING:-' _ ~ = COMPLADIT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a - HARRISBURG SEAPLANE BASE - ,: Defendants. - FILED ON BEHALF OF: Plaintiff ---,-v-'COUNSEL OF RECORD OF THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIRE Pa. 1D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04352149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford. Plaintiff, CASE NO: V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., dtbla HARRISBURG SEAPLANE BASE;"{ • - - - - Defendants.-,.. NOTICE TO DEFEND NOTICE AVIS! - YOU HAVE BEEN SUED IN COURT. If you wish to LE HAN DEMANDADO A USTED EN L,A- defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estas YOU must take action within twenty (20) days-after this demanddeas expuestas en ins paginns siguientes, ' complaint and Notice are served. by entering a written usted tiene veinte (20) dial de plaao al partir de la . .. _ .. _ . appearance personally or by an atiorney iii filing iII' ` _ fecba dela demanda y In notification. Hace falta... . ,,. writing with the Coiiit your defenses or objections to-_ : ," asentar una comparencia escrita o en persona o con. to the claims set forth against you. You sm, warned that _ un abogado.y entregar a Is cone en forms escrita if you fail to do so the cast may proceed :without you-and' -sus defensas'o sus objeciones a las demandas en - i a judgment may be entered against you by',the'C d.. t t contra de su persona. Sea avisado que si usted without further notice for money claimed-in the Complaint se defiende, In torte tomara medidas y puede or for any other claim or relief requested by the -- :. - ' : :- 'continuar la-demanda en contra suya sin previo , . plaintiff. You may lose money or propeg' or other: .. :. _ : aviso o notification. Ademas, la torte puede . rights important to you. _ decidir a favor del demandante y requiere quo usted ' cumpla con iodas las provisioner de esta demanda: eked puede perder dinero o sus propiedadas u otros drecbos importantes para ustcd. 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 13ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMBNTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TEL.HFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ' III Tl? COURT OF WNWON PLEAS* OP CUMBERLAND COUNTY, PENNSYLVANIA' CIVIL. DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford Plaintiff, CASE NO: V. TYPE OF PLEADING: 10 - COWLAINT IN CIVIL ACTION HARRIS MARINE; INC., d/b/a - 04 HARRISBURG SEAPLANE BASE - -' = = • _ - `' Defendants: , • . IT; COMPLAINT IN CIVIL ACTION 'NOW 'COMES, Plaintiff :by and through its coi A I•; ?WELTMAN,' WEINBERG `& REIS CO:; -; - .. L.P;.A., pith ereby_ files this Complaint against Defendants jointly and severally. In support thereof Plaintiff avers 44. ZZ as follows: :,; ,.:P.1i iitif _:.Progressive••-Northem.•Insurance" Company. ("Progressive % is _a..corporataon wit}i. a _:- registcred'ofEic6-16cated'at P.O. Box 43258; Richmond*Hdights, Ohi a 2:D'fcndant, 'Harri s Mainic;?' tic:, doing business as' Harrisburg Seaplane= Base, is ?:a -business- _ ? - organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Starcraft Pontoon Boat ("Insured Boat"j, owned by Plaintiffs insured. 4. On or about September 23, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. b. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to - .. Defendant's negligence and/or carelessness which•consisted, intrr-alia, of failing to have the boat properly secured; - - failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur, failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As a direct and proximate result of Defendant's negligence, the Progressive's Insured boat sustained property damage in the amount of $21,494.40. r - - 8. ` Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of _ $21,244.40. A ,true and correct copy of the payment and damage documentation is attached hereto and marked as _ 9...... _ In. addition, the Plaintiffs Insured also sustained damages in the amount of $250.00- representing • - - his deductible. 10. - Pursuant to the insurance policy issued by Progressive and as a'result of said aforesaid payment, . =Progressive•became subr_ogated to the claim of its Insured against Defendant. .11. Pursuant to Progressive's right of subrogation, Progressive ?is~presently due and owed "from- ..,.__ -. - .. .;. :..- is ..._..... -:_ ... .. .. ___ .. .-.,. _ .. - .. .. ._ -_._ ... • Defendant the sum of $21,494.40. :i ZTi? . : :e;l• "12. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. _ WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $21,494.40 plus interest and:costs: - - . .._ :•- .. - THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submi WEL Respectfully RG & REIS, CO., L.P.A. -Michael L Dougherty, Esquire PA LD. #76046 - 325 Chestnut Street - - ,- _ Suite 1120 - - -- Philadelphia,•PA 19106 = . (215) 599-1500 .. ?__ ..... _ ..: _ :.. _. WVVR#04352149:. .. - :_ .. .? .. .S_ .Y i. _ ... 1 1 ' NADAguides.com - New Car Prices, Used Car Values Used Values: Result October 25, 2004 0 print this page Used Average High = . Trade-In Retail Retail Base Price. _ .. ' - - S13,300 $15,850 $ 17,900 _ .. - ; Options -Power Boat: ENTERTAINMENT T.V. 13" Color: $80 $95 $105 Power Boat: GALLEY Range - Electric: $390 $455 $505 Refrigerator - AC/DC - $350 $410 $455 6 cu. ft.: - Power Boat: MISCELLANEOUS OPTIONAL EQUIPMENT :. Air Conditioning / . :. _ Heating System - $760 $885 $980. 12,000btu: = Generator /-5-KW - $1,765 $2 050 $2 275 Gas: , , Hardtop 16' - 20'.Boat: $855 $995 $1,105 - --TOTAL PRICE 5171500 $20,740 5231325 Notes (*)INCLUDES THE VALUE OF THE OUTBOARD MOTOR. (**)INCLUDES THE VALUE OF THE OUTBOARD MOTOR AND TRAILER. (***)INCLUDES THE VALUE OF THE TRAILER. Boats and Personal Watercraft 1994 TRACKER MARINE SUN TRACKER SERIES PARTY CRUISER('') Page I of 3 •NADAguides.com - New Car Prices, Used Car Values Next Steps Get another-pace Vehicle Specifications Length: Model Name/Description: Boat Type: Hull Material: Beam: Engine: Net Weight: 32' PARTY CRUISER(*) Pontoon Boats Aluminum 8'6" l 90 HP Gasoline 5,200 $ack t? Top.• % .. - - ; Value Explanations Manufacturers Suggested List Pricing --- {January and May • •:editions ONLY We have included manufacturers suggested ?` - : ? retail pricing to assis in the financing, insuring and appraising :-a: i - ,ofvessels.iThis pricing will appear in the High Retail column . for the current year only, if available. The value listed . -- _ reflects the approximate price of the boat when it is brand _ " ? - . ed by the manufacturer and rices are furaish P w The MSR _ . p . . ne are assumed to be correct. Value Range -- The values listed are' derived from the .market place. These values are based on the boats overall condition. _: , • - Used Trade-In (Low Book) - This column reflects the average trade-in value of a clean used boat "ready for resale". This may also be considered the low book value. Average Retail - The average retail column reflects those boats in clean condition with no visible damage or defects. This boat will show some moderate wear and tear and will be in running condition. The buyer may need to invest in either minor cosmetic or mechanical work. High Retail --- The high retail column reflects those boats in excellent condition. Like new!! This boat will show very little wear and tear and all equipment will be functioning, and the engine(s) are in good running condition. This boat has been meticulously maintained or restored and will not require any reconditioning. Page 2 of 3 +NADAguides_com - New Car Prices, Used Car Values Loan Value Explanation - This guide.does not have an established "Loan Value" designation. Lenders will use a percentage of either the Average Trade-In, Average Retail, or High Retail values. The determination of which column valuation is used is based on the lending institutions own internal policies and guidelines. Back to Top OCap "tht 1004 NADA Appraisal Geeid m lw- All Rights Reserved ONADASC 2004. All Rights Rasenad. Page 3 of 3 =age: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:13 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD; SAUERWINE, JIM POL: 39099080-3 DOL SEP '-23 04- PA?-MECHAN-BRN= CLM: 043833649 ACTIVE REP.:_. A : DOLLMAN , PAY TO THE ORDER • OF : TOTAL DRAFT AMOUNT : 21.204.40- LINE 1• JIM SAUERWINE, ONLY *****************?************?******* LINE 2: LINE 3: ADDRESS: 217 ALLENDALE WAY CITY: CAMP HILL ST/PR* PA ZIP/CPC: 17011 CNTRY* t IN PAYMENT OF: FULL AND FINAL SETTLEMENT TOTAL LOSS TO 94 TRACKER--250 DED 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SSS0009 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: S SCHFIFE L-S:• BANK CODE* AS2 ISSUE DATE NOV 02 04 APPROVED BY: _ M MURRAX :_ STATE * PA AREA * 252 REVIEW DATE: 0 0,00 STOP RSN * DRAFT # 436779.121 REVIEWED BY: . --' ••. . C014KAND . Date: 03/04/2005 Time: 02:13:58•PM VERIFICATION I, Michael J. Dougherty, 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 ' ade subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to `u orities. Michael . Dou erty e ?,:? •-• •r:.? ;• - - . -- -- --- r HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Josette F. Spivak IDENTIFICATION NO. 23319 / 82356 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD SUITE 2000 PHILADELPHIA, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL DIVISION V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE CASE NO: 05-2263 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT MARINE PROPERTIES INC. d/b/a HARRISBURG SEAPLANE BASE, improperly pled as HARRIS MARINE, INC.'S MOTION TO CONSOLIDATE Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Hollstein, Keating, Cattell, Johnson and Goldstein, P.C. hereby moves this Honorable Court to Consolidate the above -captioned actions for all purposes pursuant to Pa. R.C.P. 213(a). Plaintiff Progressive Northern Insurance Company filed the above captioned action in the Cumberland County Court of Common Pleas on behalf of Subrogee Raymond C. Santana, Jr. Exhibit "A." Plaintiff and plaintiff-subrogee have alleged property damage to his boat allegedly docked at Defendant's Marina on or about September 18, 2004. Exhibit "A." Defendant Marine Properties, Inc. deb/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., filed its Answer with New Matter on or about January 20, 2006. Exhibit "B." Plaintiffs' complaint arises out of the same transactions or series of transactions as are alleged in the matters of: • Progressive Northern Insurance Company, Subrogee of James Ford v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3270. Exhibit "C." • Progressive Northern Insurance Company, Subrogee of Edwin Ullom v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2264. Exhibit "D." • Progressive Northern Insurance Company, Subrogee of Greg Sharrar v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3271. Exhibit "E." • Progressive Northern Insurance Company, Subrogee of Jim Sauerwine v. Harris Marine, Inc., d/b/.a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3932. Exhibit "F." Upon information and belief the Plaintiffs' claims relate to flooding which occurred in September 2004 as a result of the remnants of Hurricane Ivan. All of the plaintiffs' seek to recover in subrogation for property damage claims paid to their insureds for damage to the insureds' boats which were allegedly docked at Defendant's Marina in September 2004. Pennsylvania Rule of Civil Procedure 213(a) provides: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. These cases should be consolidated for purposes of discovery, arbitration and trial in order to avoid unnecessary costs to both the Court and the parties and because all of the aforementioned Complaints involve common questions of law and fact, and arise from the same transaction or occurrences. Rozonowski v. Penn. Nat'l Mutual Casualty Ins. Co., 343 Pa. Super 7 (1985); Lohmiller v. Weidenbaugh, 302 Pa. Super. 174 (1982), rev'd on other grounds, 503 Pa. (I 0247.00088:JFS 14101. 2 329 (1983). Consolidation of these actions for discovery and trial will also avoid prejudice which could result from multiple hearings and inconsistent rulings. Plaintiff's Counsel does not oppose this motion to consolidate. WHEREFORE, Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests the Court grant its Motion to Consolidate the above captioned actions for all purposes under the caption and docket of Progressive Northern Insurance Company, Subrogee of Raymond C. Santana, Jr. v. Harris Marine, Inc., d/b!a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2263. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: /James W. J son, Esquire PA I.D. # 319 Josette F. Spivak, Esquire PA I.D. # 82356 { 10247.00088:JFS 1410} . 3 CERTIFICATE OF SERVICE I, Josette F. Spivak, Esquire, do hereby certify that a copy of Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc.'s Motion to Consolidate and Memorandum of Law has been served on plaintiff s counsel listed below by first class mail, postage pre-paid on this day of , 2006: Samantha Tran Estevez, Esquire Weltman, Weinberg, and Reis Co. 325 Chestnut Street, Sutie 1120 Philadelphia, PA 19106 C = r-a c? - rn a 'NOV so zoo PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL DIVISION CASE NO: 05-2263 th ORDER AND NOW this _ day of 2006, upon consideration of Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc.'s Motion to Consolidate and any opposition thereto: vS It is hereby ORDE]ZED that Defendant's Motion to ConsolidatekGRANTED; and It is further ORDERED that the following actions: Progressive Northern Insurance Company, Subrogee of Edwin Ullom v Harris Marine Inc. d/b/a Harrisburg, Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2264; Progressive Northern Insurance Company, Sub )gee of James Ford v Harris Marine, Inc. d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3270; Progressive Northern Insurance Company, Subrogee of Greg Sharrar v. Harris Marine Inc. d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3271; and, Progressive Northern Insurance Company, Subrogee of Jim Sauerwine v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3932, will be consolidated for purposes of discovery and trial under the lead case of Progressive Northern Insurance Company, Subrogee of Raymond C Santana Jr. v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2263. 9C :2 V 9` 31-14090oz °rtii S rr`f. c HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Justin S. Walker/Jennifer E. Thompson IDENTIFICATION NO. 23319/84194/203973 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD., SUITE 2000 PHILADELPHIA, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CASE NO: 05-2263 [LEAD CASE] [CONSOLIDATED WITH] HARRIS MARINE, INC., d/b/a 2005-2264 HARRISBURG SEAPLANE BASE 2005-3270 2005-3271 Defendant. 2005-3932 MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MARINE PROPERTIES, INC. d/b/a HARRISBURG SEAPLANE BASE (improperly pled as Harris Marine, Inc.) Defendant, Marine Properties, Inc., d/b/a Harrisburg Seaplane Base (improperly pled as Harris Marine, Inc.) (hereinafter "Harrisburg Seaplane Base"), by and through its undersigned counsel, Hollstein Keating Cattell Johnson & Goldstein, P.C., hereby respectfully moves this Honorable Court for an Order granting its Motion for Summary Judgment pursuant to Pa.R.C.P. 1035.1. In support of this Motion, Harrisburg Seaplane Base submits the following: 1. PROCEDURAL HISTORY 1. Plaintiff, Progressive Northern Insurance Company (hereinafter "Progressive"), commenced these five (5) related suits by filing five (5) separate Complaints in the capacity of Subrogee for the following insureds on the dates listed below: { 10247.00088:JT0313 } Insured Raymond C. Santana, Jr. Edwin Ullom James Ford Greg Sharrar Jim Sauerwine Date Action Commenced April 21, 2005 April 21, 2005 June 20, 2005 June 22, 2005 July 23, 2005 (True and Correct copies of Plaintiff's Complaints are attached hereto as Exhibits "A-E" respectively). 2. Defendant, Harrisburg Seaplane Base, entered its Appearance and filed Answers to the Complaints with New Matter on January 20, 2006 denying all allegations of liability. (True and Correct Copies of the Answers to Plaintiff's Complaints are attached hereto as Exhibit «F„ 1 3. Plaintiff subsequently filed a Reply to New Matter on behalf of their insureds denying all New Matter. 4. On November 22, 2006, Defendant Harrisburg Seaplane Base filed a Motion to Consolidate, which was granted by Judge Ebert on December 5, 2006. Judge Ebert ordered that all five (5) cases be consolidated under the lead case number for insured Raymond C. Santana, Jr., Case No.: 2005-2263. II. FACTUAL BACKGROUND 5. In this case, Plaintiff, Progressive, is seeking to recover amounts it was contractually obligated to pay to five (5) insureds for property damage allegedly incurred as a result of the severe flooding which occurred on or about September 18-19, 2004, when the 1 The Answers to the five (5) Complaints are identical and thus, in the interest of economy, Defendant has attached only the Answer to the Complaint filed in the lead case. Defendant will provide the Answers to the remaining Complaints, if the Court so desires. {10247.00088:JT0313} t remnants of Hurricane Ivan dumped up to nine and one-half (9 %2) inches of rain in the Commonwealth of Pennsylvania. 6. Plaintiff alleges that each of its respective insureds in this case had boats stored at Harrisburg Seaplane Base and that the boats sustained damage as a result of the severe weather conditions. Plaintiff also alleges that pursuant to the terms of certain insurance polices with its insureds, it was obligated to pay for the damage sustained. See Exhibits "A-E." 7. As a result of the severe flooding and damage caused by Hurricane Ivan, both the President of the United States and the Governor of Pennsylvania declared disaster areas in 46 counties of the Commonwealth, including Dauphin and Cumberland counties. See The PA Emergency Management Agency Situation Report #15 attached hereto as Exhibit "G." 8. In addition, there were as many as 2000 evacuations ordered in Dauphin County as a result of Hurricane Ivan. 9. Plaintiff's insureds all executed slip-rental agreements for the 2004 season (May 31- October 1, 2004) for either Defendant's City Island or Riverside facility. (True and Correct Copies of the executed Slip-Rental Agreements are attached hereto as Exhibit "H"). 10. Pursuant to the terms of the slip-rental agreements, the Lessees (Plaintiff's insureds) had the obligation to properly moor and secure their vessels and to maintain them in a safe and seaworthy condition. 11. Furthermore, each identical slip rental agreement executed by Plaintiff's insureds expressly released Defendant Harrisburg Seaplane Base from damages such as alleged in this case. Specifically, the slip-rental agreements provided the following: 10. Lessor [Defendant Harrisburg Seaplane Base] is not responsible for any damage or loss caused by changes in water levels, storms, floods ...or other events beyond the control of the Lessor. {10247.00088:JT03131 T 12. Dockage of said vessel is at the risk of the Lessee [Plaintiffs insureds] and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood that this instrument is not a bailment or contract of wharfage. (See Exhibit "H," emphasis in the original) 12. Plaintiff alleges that on September 18, 2004, Plaintiff's insureds all had their respective boats docked in the slip each had rented from Defendant Harrisburg Seaplane Base. 13. Plaintiff alleges that as a result of the severe storm on September 18, 2004, its insureds's boats were damaged and that it paid out on their respective claims. Plaintiff is now attempting to be reimbursed through the instant subrogation claims filed against Defendant Harrisburg Seaplane Base. 14. However, the claims asserted in this action are barred pursuant to the terms of the slip-rental agreements entered into by Plaintiff's insureds. 15. Therefore, Plaintiff's complaints filed against the Defendant Marina are barred and should be dismissed by this Honorable Court pursuant to the instant Motion for Summary Judgment. III. LEGAL AUTHORITY 16. Summary judgment is warranted if the record evidence shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 17. Summary judgment is also warranted if the moving party shows that the adverse party failed to prove an essential element of its claim. { 10247.00088:JT0313 } 18. Under Pennsylvania law, the slip-rental agreements executed by the Plaintiffs insureds releases Defendant, Harrisburg Seaplane Base, from liability, and waives their rights to bring the instant claims. Such agreements are valid and enforceable. 19. As the subrogated insurer, Progressive stands in the shoes of its insureds and is bound by the terms of the slip-rental agreements. 20. For the reasons contained in the instant motion, and those to be more fully contained in the briefing on these issues, there is no genuine issue of fact as to the applicability of the terms of the slip-rental agreements. Therefore summary judgment is appropriate. WHEREFORE, Moving Defendant, Marine Properties, Inc., d/b/a Harrisburg Seaplane Base improperly pled as Harris Marine, Inc., respectfully requests that his Honorable Court grant summary judgment against the Plaintiff Progressive Northern Insurance Company and dismiss Plaintiffs Complaints with prejudice. RESPECTFULLY SUBMITTED: HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: Is es W. Johnson, I.D. # 23319 in S. Walker, I.D. #84194 Jennifer E. Thompson, I.D. # 203973 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. Date: 3 -3 / -..2 061P { 10247.00088:JT03131 CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the foregoing Motion for Summary Judgment, and the documents in support thereof, were served on the following via first-class mail, postage pre-paid: Samantha Tran Estevez, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 HOLLSTEIN ]KEATING CATTELL & GOLDSTEIN, P.C. By: J tin S. Walker, I.D. #84194 ttorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. Date: ? - 3 /- iau F- { 10247.00088:JT0313 } r, k??; 4- A 4r,+- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION . PROGRESSIVE NORTHERN INSURANCE COMPANY, ?- Subrogee of Raymond C. Santana, Jr. CASE NO: Plaintiff, - TYPE OF PLEADING : =' - v. : . COMYLAINT IN CTVM ACTION... HARRIS MARINE, INC., d/b/a - HARRISBURG SEAPLANE BASE - - Defendants..- FII.EDtON BEHALF OF:. ,. Plaintiff - COi3NSE bF RECORD OF - THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIRE Pa: I.D. #76046 = WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215} 599-1500 WWR #04179550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee ofRaymond C. Santana, Jr. CASE NO: Plaintiff, V. TYPE OF PLEADING: . COMPLAINT IN CPAL ACTION. HARRIS MARINE, INC., d/b/a - - - HARRISBURG SEAPLANE BASE Defendants. ' NOTICE TO DEFEND NOTICE AVISO.:. - YOU HAVE BEEN SUED IN COURT. If you wish tD . LE HAN DEMANDADO A USTED EN LA ---=- -defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estai. you must take action within twenty (20) days afie; kt demanddeas expuestas en In paginas siguientes, laintVand Notice are saved, by eateiing a -written usted tiene veinte (20) dial de plazo a] partir de la comp appearance personally or by an attorney m filing in ; fecha dela-demanda y la notificacion. Hace falta _ _ -- writing with the Court your defenses or oliectioas j to - asenfar una comparencia escrita o en persona o con, to the claims set forth against-you you. ie warned that:- :_ - uia.abogado _ysntregar a ia_corte en forma escrita ::- if you fail to do so the case may proceed!vith6t# yo_"and ' 'sus defenses o sus objec'iones alas demandas en a judgment may be entered against you lsjr-thc Cbi rf • - , contra de su persona. Sea avisado que si usted no :,__ ,_ _-• . : _ _ without fiuther notice for money claimed in the. ComPsaint se deft Y end0. lieorte toward medidar y puede .. _ .. . A. or for any other claim or relief requested by the ' - continuer Ia do -=- da cn=contra suya sin pmvio plaintiff. You may lose money or propetty of odiie ' aviso o notificacion. Ademas, la corte puede rights important to you. - decidir a favor del demandante y requiere que usted cwnpIa con todas [as provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos inVortantes pare usted. 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 WIiERE YOU CAN GET LEGAL HELP: LLEVE ESTA DEMANDA A UN ABOGADO BOAMIATAMENTA SI NO T1ENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SFERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Raymond C. Santana, Jr. Plaintiff, CASE NO: V. TYPE OF PLEADING: - - = •'- - COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE '- • ._.:..... -.-__ .-- _- '" -Defendants: " - - - - - - - •-- --COMPLAINT IN CIVIL ACTION ' pNp NOW`COMES,'Plaintiff by;arid'througli its counsel, '.WELTMAN,_WEINBERG'& REISr C - L.P A.; and li66i files-this Coriiplaiiit against Ei6bidauts jointly.and severally. In support thereof,. Pjaiptiq avers- .i .. z; CZ- Lt. L ii-=• - _,_ .:.... ._ •:..L-'Z? _1'.a_-?L, -- _ - •_r?,ah, !..r.:? Y..a •,,..: --_ _ - ..a:a _?:j ff Pro ~essivae iVoithem ..Insurance Company-, ( "Pro8ressive"},i a y _T - •? .. tion" _witti , e o- !- _ ..1: r ? =Pisinti , y 8r s corpora _ . - ...ar = registicred office located at P.O. Box 43258; Richmond Heights, Ohio. 2 _ ' Defendant,-"Hams' 141aiinc, Inc., dotng'-lius as 'Harrisburg Seaplane Base, is a business -- organization licensed and authorized to conduct business in. the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043- 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Lowe Malibu 200 ("Insured Boat"), owned by Plaintiff s insured. 4. On or about September 18, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness whichicoiisisted, inter alia, of. failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur; failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As - a - direct and proximate: result - of. Defendant's negligence, the Progressive's insured boat -sustained property damage in the amount of $2,158.14. - 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the surim of $1,658.14. A true-and correct copy of the payment and damage documentation is attached hereto and-Aiarl4ed asp.. , . - '`- Exhibit "I" .. = _ - . 9,-_ In additionthe-P_ lainti rs.Insured also sustained damages in the amount of $500.00 representing 7 -ai_• - - -his deductible_ y 10.._.. Pursuant to the insuince. policy. issued by Progressive and as a result of said-aforesaid pay.=t, • =-`.-. ?.u_? ?: Progressive became iubrogated to the claim of its-Insured against Defendant: ,_- . ... _ - _. . "• __ . . - - .. - .. ??er ??-ice.. .--s.!r:?.C _ HV??1l:: sr - • . .rte - a '_ -' . •_ :istiL.` -s • r -- • - • _. _ ..., ` -', • •f ?-..a•. _-,• -.Pursuant to•.Progressive's.right .of subrogation, Progressive. is'#nL= i 'iiiid •owed•.from?;,_<< Defendaiit-the-sum of 527;158:14. 12. Repeated dimands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $2,158.14 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WEINOG & REIS, CO., L.P-A. - - - - -• ----- • _- .. . ..:..:.. .. .. ? ? -- -..._ _ - - - nnicnaci ugncny> csquuc`- ? . - - _..:_ 76046 PA 1. - = - 3 estnut Strut , hiladelphia,-.PA=-19106 - • - P - _: (215) 599-1500 _..:WWR.#04179550. Art- :::: _ _ EXHIM 1 Date: 1111712004 0221 PM Estimate ID: 043907050-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED PQOGBESSM 5053 RITTER ROAD SUITE 101 MECHANICSBURG, PA 17055 (717)791-5178 Fax: (717) 697-0711 Damage Assessed By LICENSEf1273265 ANDREW DOLLMAN Claim Rep: ANDREW DOLLMAN (717) 791-5178 "Product Type Boat ' Date of lass: 091182004 Deductible: 500-00 Policy No: 39039012-002 . "-_ ....- "- : ' Claim Number: 043907050-01 Ins wed: RAYMOND SANTANNA Address: 102 THISTLETOWN DR_HUMMELSTOWN, PA 17036 Telephone: Work Phone: (717j 238-8321-- Home Phone: (717) 566-2571 - Mitchell Service: 911000 Descrom: Im LOWE MALIBU 200 ' Vehicle Production Date: 00/00 _ VIN: OMCS63361900 OEMIALT: A Search Code: MECHANICSI Color. BLUE Line Entry Labor Line Item Pert Typel Dollar Labor Item Number Type Operation Description Part Number Amount -= Units _ MANUAL ENTRIES -- -= - -- • - 1 900500 MCH* REPAIR'.`- PORT PONTOON E31sbg 2 900500 MCH* REPAIR STARBOARD PONTOON Existing -- 3 900500 MCH* REPAIR REPLACE PORT REAR FENCE ' New `429.00' 4 900500 MCH* -REPAIR' REPLACE PORT FRONT FENCE- New - 173_003:5• 5 900500 MCH'• REPAIR REPLACE STARBOARD REAR CORNER . New 18:120.2' B 900500 MCH' ' REPAIR REPLACE MOORING COVER- New 0.0'- 7 AMERICAN CANVAS 419-:182-8450 8 900500 MCH' REPAIR REPLACE ENGINE COWL New 570-09 0.5' _ 9 JIM'S ANCHORAGE 814-658.3464 - 10 900500 LICH' REPAIR REPLACE NAVY STYLE ANCHOR (2) New 69.98 ' 0.0' 11 BASS PRO SHOPS 28 LBS. 12 900500 MCH* REPAIR FREIGHT AND PROP Existing _ 0.w 13 9005DO MCH* REPAIR PRICE HANDLED AS SUPPLEMENT Existing Or ' Judgement Item ESTIMATE RECALL NUMBER 11117120041421:23 04,3907050-01 UltraMate is a Trademark of Mitc hetl International Mitchell Data Version: OCT 04 A Copyright (C) 19W - 2004 M+tsheit International Page 1 of 4 Ul"Mate version: 5.5.008 AI Rights Reserved Date: 11117)2004 02:21 PM Estimate ID: 04-3907050-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED ** PART TYPE TERMS AND ABBREVIATIONS ** NEW OR OEM OR'-PART NUMBER DISPLAYED--THESE REFER TO A NEW ORIGINAL EQUIPMENT MANUFACTURER PART. NON-OEM, A/M AND QUAL REPL--THESE REFER- TO AN AFTERMARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANUFACTURER PART. USED/RECYCLED AND LKQ--THESE REFER TO A USED/RECYCLED OEM PARTS THAT HAVE BEEN REFURBISHED. SDY=BODY, bDS=BODY STRUCTURE, REF=REFINISH, GLS=GLASS, FRM=FRAME,MCH=MECHANICAL, ADD'L C ST=ADDITIONAL COST, ADD'L OPR=ADDITIONAL OPERATION, FRT=FRONT, RR=REAR, 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. Akddl Labor Sublet 1. Labor Subbb3fs _ -_Urft. _ __ lute' _ :Mount Mwunt Mechanical 5.7 65.00 0.00 0.00 Taxable Labor tabor Tax @ 6.000%- Totals 11. Part Replacement Summary Amount 370.50 T Taxable Parts j` 1,665.'4 Sales Tax 99.9 370.50 2223------ Total Replacement Parts Amount 1,765:4 . Labor Summary 5.7 Ill. Additional Costs•.: - - -' Total Additional Costs _ 39273 Amount IV. Adjustrnents Insurance Deductible -- _ _ • - Customer Responsibility . _ _ - I. 7oGal Labor:. _ - • • . . _ fl. Total ReplaoementparLs Ill. TotalAddido6al Coosts .. , _ Gross Toth:' IV. Total -Adjustments: Net Total• - Inspection Site: CITY ISLAND HARRISBURG, PA Inspection Date: 1020f2004 ESTIMATE RECALL NUMBER: 11117Q0041421:23 04-3907050-01 UltraMate is a Trademark of Mltche9 International Mitchell Data Version: OCT 04 A Copyright (C) 1994 - 2004 Mitchell tritemational UltraMate Version: 5.5.008 All Rights Reserved Artwunt 300.0 .-3927 ' "2.158.1 500.0 .:1:658:.1 Page 2 of 4 Date: 111172004 02.21 PM Estimate to: 04-3907050-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED THE VEHICLE OWNER MAY BE RESPONSIBLE FOR ADDITIONAL COST ABOVE THE APPRAISED AMOUNT. -THERV IS NO REQUIREMENT-"TO-USE A SPECIFIC REPAIR SHOP, HOWEVER, THE INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT ' WILL BE ABLE TO REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY INCLUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS. IF THE USE OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE AFTERMARKET PART LISTED ON THIS ESTIMATE WILL HAVE A WARRANTY THAT MEETS OR EXCEEDS THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEDED WITH A/M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR.OF THE MOTOR VEHICLE., INCLUDING INNER AND OUTER PANELS. IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE,- THE AMOUNT, SHOWN INCLUDES-TIME OR ALLOWANCE FOR MEASURING BEFORE;--bURING AND. AFTER-THOSE-'! - 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. Affer repair, if any sheet>.metal• or-plastic body part included in _the estimate; -'"-"- • fails to return your.vehicle to :Asz pre-loss condition,_(assuining propel .installation), in terms of form, fit, finish, durability-or functionality, Progressive will arrange and pay for-the replacement of the`pa. to the_A;KreA _ not covered by a manufacturer's or-- other. .warranty. This-.service- wi-11: be-.- a - Performed -::_ 'girl--and rental -car.:tcosts) j To?obtai: - at no cost to you (including - assaciated-:= P -- service under this Guarantee, caIl':FtogressiVe at 1-500-274x4641': ^ _ This.-Guarantee applies as long as you- "own or-lease the vehicle-,-This ..Guarantee is not transferable and terminates if you sell or oth :- -rwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSEI):$Y'IMFFf6PE; MAINTENANCE, NEGLECT, ABUSE OR SUBSEQUENT ACCIDENT. THIS GUARANTEE IS_LIMITED'-' "ARRANGING FOR THE SELECTION OF REPAIR PARTS THAT WILL RETURN YOUR VEHICLE•.TO- I' PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR.ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION OR USE O: THESE PARTS. THIS ESTIMATE REPRESENTS AN AGREED PRICE BASED ON ALL KNOWN DAMAGES AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL LISTED REPAIRS, AND ALL TOWING AND STORAGE CHARGES INCLUDED IN THIS ESTIMATE. ***THIS IS NOT AN AUTHORIZATION OF REPAIR.*** ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** ESTIMATE RECALL NUMBER: 111172004 1421:23 04.3907050-01 UttraMate is a Trademark of Wcheit Intemational Mit&AA Data Version: OCI O4 _A Copyright (C) 1994 - 2004 .Madwe International UttraMate version: 5.5.008 AN Rights Reserved Page 3 of 4 • Date: 1 111 712004 02, 21 PM Estimate ID: 04-3907050-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED PROGRESSIVE WILL ONLY BE RESPONSIBLE FOR ADDITIONAL STORAGE OR MISC. HANDLING CHARGES WHEN WARRANTED UP-'T0- TWO- -DAYS -POST - T-HI-S APPRAISAL- DATE- -IN -BOTH -REPAIRABLE AND.TOTAL LOSS SITUATIONS. 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 THERE O C TS FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERS d I D CIVIL PENALTIES. APPRAISER SIGNATURE - - .REPAIR' SHOP MANAGER'S SIGNATURE.'___.____ - • - 11H7/Z004 0_11:4727 PM _ - - - _ - - y - Z' ?' -ESfirnBtE Started. - _ 11/1711004 01.49:09 PM - J - • - w ? y Estimate Printed: :11/17/'1004 Q219 04 PFR _ - _ Esbniate Committed: _ -11/1722004.02'21:23 PM - - - Estimate Umta ed:' ' - - ` Estimate not uploaded _ = -- z.? _. _ -- - - - ESTIMATE RECALL NUMBER 11/171200414:21:23 04-3907050.01 UldaMate is .a Trademark of 1Wtcha krtarrrationat Mitdwd Data Version: OCT 04_A COPrW (C) 1W -2004 Mttchell Intemational Page 4 of 4 UltraMate Version. 5.5A08 AN Rights Reserved . VERIFICATION 1, Michael J. Dougherty, 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 unworn falsification to autho4es. :- ._ ? .. _. -Date = - Mi el J. Do erty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Edwin Ullom- -f CASE NO: -- - -- -- --- -- -Plaintiff, v: TYPE OF PLEADING: COWLALNT--1 N`C1VEL ACTION - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. FILED ON BEHALF OF: = -. Plaintiff COUNSEL OF RECORD OF - THIS PARTY: MICHAEL L DOUGHERTY, ESQUIRE Pa. I.D. #{76046 WELTMAN, WEINBERG & REIS CO., L P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #104141976 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Edwin I llom Plaintiff, V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND NOTICE AVISO" YOU HAVE BEEN SUED IN COURT If you wish to LE HAN DEMANDADO A USTED EN LA defend against the claim set forth in the following pages, CORTE. Si ustod quiere defenderse de estas you must take action within twenty (20) days atber this.., : demanddeas expuestas en las pagim siguientes, : - _ complaint and Notice are served, by entering a written _ listed tieuic.veinte (20) dies de plazo al partir de la'. appearance personally or by an attorney in filing in-- fecha Bela demanda y la notification. Hace falta writing with the Court your defenses or objections.to asentar una comparencia escrita o en persona o cop.. to the claims set forth against you. Yon are warned that . un abogado y entregar a la torte en forma escaita, if you fail to do so the case may proceed without yott and sus defenses u sus ob}ociones a las demandas en-;- judgment may be entered against you by the Couri:- a contra de su persona. Sea avisado que $i usted no.' • ?._ _ .. `?..._ _ without further notice for money claimed in the Complaint se defiende, Ia torte tomes medidas y puede or for any other claim or relief requested by the.:- continuer la demanda_ =en contra suya sin previo plaintiff You may lose money or property or other- aviso o notification. Ademas, la torte puede rights important to you. -- decidir a favor del demandante y requlePG quc usted cumpla con Codas les provisioner de esta derrranda usted puede perder dinero o sus propiedadas u otros dmrhos importances pare usted: 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: CASE NO: LLEVE ESTA DEMANDA A UN ABOGADO ]NMMED1ATAMENI A. SI NO TIENE ABOGADO O SINO T1ENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION •32 SOUTH BEDFORD STREET CARLISLE. PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, - Subrogee of Edwin Uilom CASE NO: Plaintiff, V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE ' Defendants: ' COMPLAINT IN CIVIL ACTION AND' I+IUW'COMES, Plaintiff;try arid- through its counseli WELTMAN; _WEINBERG & 1tE1S,, CO., - - LY A., aiid hcrcby*filcs this Corimplairit against Defendants jointly and severally.-- In support thereof; Plaintiff avers - L? - _ -- .c .}: Plaintiff; Progressive-.-Northern. Insurance Company=?(`'Progressivc'7; is• a corporation with a = stered"dfficd located'at P.O. Box 43258,-Richriiond Heiglits;•Ohio.: = 2:._. Defendant, Harris. Marine,- ME, dofng' business i`i* Harrisburg Seaplane Base, is a business organization licensed and authorized to conduct Business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wornileysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 1999 Tracker Pontoon Boat {"Insured Boat'j, owned by Plaintiffs insured. 4. On or about September 18, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. Wlu3e the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff hwared's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted, inter alia, of failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur; failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As a direct and proximate- iesulf • of Defendant's••-negligetnce, the Progressive's Insured boat - sustained property damage in the amount of 519,500.00. , 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of 519,500.00: A true and correct copy of the payment and damage documentation is attached hereto-and mirked as Exhibit "1". = = = - - - - 9: - Pursuant to-the insurance policy issued by _Progressive and as a result of said aforesaid payment, Progressive becairie subrogatod to the claim of its Insured against Defendant. 10. Pursuant to Progressive's right. of subrogation. Progressive is presently due and owed from _ Defendant-the sum-of $19;500.00: s:.. •, _ _- -. . r ?:.; _';.__- is `_•;- - - - ....:'.+ .z . ?.:__ -:.St.. _,_4.i,?,.ta ? .: ... . - ? -• •- .r .- "• - - ' - -- k; " 12. Repeated demands-have been made upon Defendants for payment of the aforesaid sum; however,~ _,. Defendant has will -ullj failed and:refused to pay the sum due and owing to Progressive. -. .. - - - ' WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of 519,500.00 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WEWI & REIS, CO., L.P.A. Michael' erty, Esquire - PA LD. 604 325 Chestnut S t Suite 1120 Phila&lpbia,'PA 19106 (215) 599-1500 WWR#04141976.--.:: . -- - EXHIBIT l Date: 1 Oh 3!2004 02:00 PM Estimate 1D: 04-3847062-01 Estimate Version: 0 Committed Profile iD: CUSTOMIZED Progressive Insurance 5053 Ritter Road Suite 101 Mechanicsburg. PA 17055 (717) 791-5178 Fax: (717) 697-6711 Damage Assessed By: UCENSENM265 ANDREW DOLLMAN Claim Rep: ANDREW DOLLMAN (717) 791-5178 ProduciType Boat Date of Loss: 09N812004 Deductible: 250.00 = Policy No: 42360716-M Claim Number. 043647062-01 - ` insured: EDWIN UL:LOM - - - : : - Address: 4423 AVON DRIVE HARRISBURG, PA 17112 Telephone: Home Phone: (71T) 6529214 , :::?:... _ • Mtlchell.Service: 911000 Description: 99 TRACKER PONTOON BOAT Vehicle Production Date: 00100 -•_ .: VIN: 81.1,127161D999 ; OEM/ALT: A Search Code: TRAINI - - - Color:- GRAY ?. _ ?.- :. ;• Entry Labor Una Item Part Type/ Dollar Labor Number Type Operation Description Part Number _ -Amourrt . -Units - , M _ 900500 MCH* REPAIR REPLACE RIGHT LOG New -- 4.M' 8A' 900500 MCH* REPAIR REPLACE LEFT LOG Now <.200'00 "8A• :?_] 900500 MCH* REPAIR . = REPLACE RIGHT DECK EXTRUSION . _: Now :: •16:OG,';c1;'s' ?,w " 900500 MCH* REPAIR REPLACE RIGHT SIDE RAIL COMPLETE _ New 2.5• M 900300 - MCH• REPAIR DECAL RT SIDE OF BOAT New '260518 ` 3.0' 800500 MCH• REPAIR REPLACE MARINE RADIO/CD M AYER New 900500 MCH' REMOVEANSTALL REMOVEANSTALL CABIN SIDESFORACCESS Existing 0• 900500 MCH• REPAIR WELDING FOR EXTRUSION Sublet .150:00' a 0* 900500 MCH' REPAIR DETAIL BOAT Existing 900500 MCH* REPAIR REPAIR BIMINI TOP Sublet 55.00' '0.0' . " HARRISBURG SEAT COVER 717-0119811 900500 BDY' REMOVEIREPLACE RECONDITIONED CAVITATION PLATE Sublet _ 100.00 Div 900500 MCH' REPAIR REPAIR CAVITATION PLATE Existing 3.0' 900500 MCH* REPAIR REMOVEANSTALL PROP Existing O.Y - Judgement Rem ESTIMATE RECALL NUMBER: 101131200414:00:34 043847062-01 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: OCT 04 A Copyright (C) 19M - 2002 Mitchell international Page 1 of 3 UOraMate Version: 4.8.014 Ali Rights Reserved Add'1 Labor Sublet L Labor Sublotais Units Rate Amount Amount Totals Mechanical 34.5 65.00 0-00 205.00 2,447.50 T Taxable Labor Labor Tax @ 7.000% Labor Summary 34.5 IQ. Additional Costs Total Additional Costs 2.447.50 171.33 2,618.53 Amount 0.00 Date- 1011312004 02:00 PM Estimate ID: 04-3647062-01 Estimate Version: 0 Committed Profile ID: CUSTOMIZED 1L Part Replacement Summary Amount Taxable Parts 9,651.35 Sales Tax ® 7.000% 675.59 Total Replacement Parts Amount 10.32634 N. Adjustments insurance Deductible 250.00 Customer Responsibility 250.00. 1. Total Labor-. 2.618.83 IL Total Replacement Parts: - - 10.326.94 In. Total Additional Costs: 0.00 Gross Total: 12.945.77 _ - -- - _; - : N. Total Adjustments: 250.00 Not Total: 12,695.77 Inspection Site: CnY ISLAM) HARRMBURG.PA Inspection Date: 09127/2004 - THE-VEHICLE-OWNER. MAY BE RESPONSIBLE-'-FOR- ADDITIONAL.:-COST :ABOVE.. THE _. :.' - ?•_ APPRAISED;,AM 1OUNT._ ;, THERE IS NO REQUIREMENT TO USE 1l;= SPECIFIC -REPAIR. 'r te. SHOP, H0 318R;. THE:!.INSURER. CAN-_PRQVIDE A_-LIST- OF REPAIR"OPS' TEAT :a- ?.: - i - WILL BE:.=ABLE= .TO REPAIR --THE--VEHICLE TO ITS .PRE-DAMAGE CONDITION. THIS APPRAISAL:"IM1?Y`'INCLUDE `ETERMlARKET CRASH PARTS- AS REPLACEMENT ` EXISTING = PARTS. ' _.IF. TH "IISE "OT.W AFTER1 AMMT70ti5H PART VOIDS, THE* WARRANTY _ON THE"PART THAT IT REPLACES; OR ANY OTHER PART, THAN THE AFTERM UUMT PART LISTED ON THIS ESTIMATE WILL HAVE A--wA.RRANTr THAT MEETS OR-EXCEEDS THE • M RRANTY • OF THE ORIGINAL MANUFACTURER. . _- .... ,t , AFTERMlARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEEDED WITH A/M. AN AFTERWMET CRASH PART IS A NON-ORIGINAL EQUIPMENT .MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE'ERTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. 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 ESTIMATE RECALL NUMBER: 101131200414:00:34 04.3647062-01 UltraMate Is a Trademark of Mitchell International Mitchell Date Version: OCT 04 A Copyright (C) 1994 -2002 Mitchell Mtemstional Page 2 of 3 UttraMate Version: 4.8.014 All Rights Reserved Date: 1011312004 02.00 PM Estimate tD: 04-3647062-01 Estimate Version: 0 Committed Profile ID, CUSTOMIZED 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 1-600-274-4641. This Guarantee applies as long as you own or lease the vehicle. This Guarantee is not transferable and terminates if you sell or otherwise transfer your vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE, NEGLECT., ABUSE OR SUBSEQUENT ACCIDENT. THIS GUARANTEE IS LIMITED TO ARRANGING FOR THE-SELECTION OF REPAIR PARTS TEAT ?- WILL RETURN YOUR VEHICLE TO ITS PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE f WILL NOT BE LIABLE FOR ANY ZNDZRECT;_'INCIDENTAL OR CONSEQUENTIAL. DAMAGES. THAT^. • RESULT FROM THE INSTALLATION OR., USE OF .THESE PARTS . :'': ?t•: *+ 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. ; a ,. USED/RECYCLED AND LKQ -- _THESB__ REFER TO A USED OEM PART. REMANUFACTURED AND RECOND. AND RECORE:'_----THESE REFER TO USED/RECYCLED. _ ?. OEM PARTS THAT HAVE BEEN`REFURBISHED.:;; 'THIS ESTIL4l1TE' REPR$SENTS'AN'?AGREEb BRICE:'BASED- ON• •ALL 1LN0WN:,DAM3kGES,1-- ' ?. ....,; . -AT _ TII2.8 TIL4E .- = `' THE i` tEPiI -- AGREES TO 'COMPLETE-- AND =ARANTEE- ALL---. •?--:jw.:.,, - •- -: ,...r. •. ---moo 'LI_STED"REPiikR -AND•'ALL TOWING' AND--STORAGE"-CHARGES. INCLtJQgDe:IN;rTHIS;,:- ?__`?"'; _?' a.-... •EaSTli.?i?..ii??..1=.L. ._, _ - _.. ..- _°. s:..w" rr`?.?•iR''•?'_?'.?? -y. •=:#**THIS'- IS''NOT'-.-AN' AUTHORIZATION' OF'REPAIR;-***- ' - - _: _ r??I?•-'` _? : *_*NO' 9"EF0 E i"kiTBOU'r PRIOR' AL1TR0RIEATI61 - REINSPECTION.*** _`"_•;":a: "`_ :?, = PROGRESSIVE WILL ONLY BE RESPON9113LS`FOR°ADDI-TIONAL STORAGE OR MISC.::.-_: _ HANDLING=CHARGES WREN-WARRANT UP S POST-THIS APPRAISAL T,6%?11 DATE IN BOTH REPAIRABLE AND TUAT APPRAISER SIGNATURE REPAIR SHOP MANAGER'S SIGNATURE WARNING: Accidental air bag deployment Is possible. Personal Injury may result. Avoid area near steering wheel and Instrument panel even if ale bags have deployed. Dual-stage air bag modules may be present that could contain an undeployed stage. When disposing of a deployed dualstage air bag, always treat it as a -flue' module. See appropriate MRCHELL® AIR BAG SERVICE & REPAIR MANUAL, or OEM Information. ESTIMATE RECALL NUMBER: 10t1312004 14:00:34 043847062-01 UltraMate Is a Trademark of Mitchell International MltcheR Data Version: OCT 04 A Copyright (C) 1904 - 2002 Mitchell International Page 3 of 3 UttraMate Version: 4.6.014 . All Rights Reserved TOTAL LOSS vs, REPAIR ANALYSIS WORKSHEET - 1 COST TO REPAIR: Initial Cost of Repair (Initial Estimate) ................................. $ U., ?q6, 77 Documented Open Items (Anticipated Supplements)...... plus $ J00 Rental Cost (Based on Formula: Total labor hours / 4) .. pluses ` Y S, 72 - 2) =COST TO T©TAL? - --- -.. ?a• , _ :.. - _ -_ .'? - ___ . l texes) t i o VAR Re ' -f ACV O :. . $ ` ' ..,,._ ........................... tbc p r : ( ........ _ J f • ..: =_ . : - _ .. i t_ .. . his . .................. COSt.. - _Reuta - _ p a!1(y Tow & Storage- charges.......... ............................... phis ...=J :.- •_ -=•?33-a+.•: ;.-. ?:e :. ' L. _ 7S7 i-%--: ?•7)'• ?--?-:5 :. !- ••?.-'•f-- :. - - -._ ... _. _ r •1.5:;•-:?, 7.•..•< •:d s. - .. : plus: $-125:Od ? :: • , : ••?~ A ....... ='t7• • • :? ?a::-_ P-; _ ._ 'Cf.??.i. •_••y`,?-' - - __.._ 1 _ _ G?.. - -: a i '?t• - -i:Ae •. 5 !•:..••. ?4•. a- : : b .......:........:..::: ._....:......... Salvage ...: ............... *** All total losses must be reviewed by a team leader, manager, or trainer prior to any payment authority being granted *** *** Granting of payment authority must include FSN documentation of photo review *** *** A rep must consult with a team leader, manager, or pd trainer on any vehicle they believe should be totaled notwithstanding the fact that the economic analysis indicates otherwise. *** - Sept 2003 Document Imaging Service Center has added this page to your original documerd to alert you of special circumstances regarding your document. PLACARD This is to notify you that the following page(s) are: Black/White Photos Original RECEIVED is a Photo Copy of: Check itle -Certificate f Registration This is to notify you that the following item(s) were removed from this document: Non-Scanned Item- SENT INTEROFFICE Description: Non-Scanned Item - NOT SENT INTEROFFICE Description: Diskette or CD ROM - SENT INTEROFFICE Video - SENT INTEROFFICE /Audio Recording -NOT SENT INTEROFFICE Revision 4/2005. •?U - - - - - -.r:.t••:? PM =w ? _ QNWEALTH OF PENNS'Y Tt`,¢r? ?, t _ `.'rte •?yA «!. -:. :_ ..-=:.ti ??+?. - ?iY"? IA`FISH AND BOAT`C•' -v=?Elt3?'FICATE OF TITLE TO A-B ?? :. ? .-tel.. _ ? :? :c• ?d4, ' ?'?;•: 1 EDWIN C ULLOM AND - - ' JAN INE R ULLOH JTROS 3' ?r ?• 4423 AVON DR HARRISBURG PA 17112-1504 N.R'(SEE REVEMU SIDE FOR LEGIPID)' q -,_ lyii ?. • _. - - • D..a of dftb.l Io.. TWw& anoA. :.s' i :PA' V ` HUT BUJ27161D999 Non IAesd6odee NmVr ' i ?' (?' :. z?= Iiresr r. Rdig Srhl Noa?ii'- 4 •' r d(? 6[K ?.R fbe Ent •._::_ _ y?• Mi ? . 16.ltm.Jhi. F43 ead Sam Cami¦{oa +.+ c Nol 1_6 r THAT T142 ??J r ? -? '? ? ' sµ? ,;. r: ' _ ?Y,? ?i"7i+i'a'L ?: ??ss '•L?' ni7 .. ??-? ?'g• __ - }:k.-''- ?? , _ ?• wit` - :4:,... .__".?_. ----- --- - ---...__._....__._...... ..:.`tea!=:. ;?C?•? ???"`?; Page: 1 Document.Name: untitled CMSD2340 /CMSM2340 P A C M A N JAN 04 05 - 16:57 OPID: DCM0012 CLAIM PAYMENT INQUIRY TERMID: VT690707 ?;INSD.s ULLOM, EDWIN C - POL: - 42360716-0 _ ' DOL SEP 18 ' 04, ' PA-MECHAN-BRN-. =' =--043 847.062-" ` ACTIVE REP c. A - DOLLMAN,; _ PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 19,500.00 -DINE 1: EDWIN C ULLOM, ONLY********************************?******* LINE 2: - LINE 3: -ADDRESS: 4423 AVON DRIVE "CITY: HARRISBURG ST/PR*...PA • ZIP/CPC: 17112?:?... C1TRY*. U, III PAYMENT, OF : COLL,_ T/-L TO 99: BOAT, : _PROG : OBTAINS SALVAGE = ~ - __ 1099 - .?. N FEDERAL- TAX ID: LAST: UPDT: REP: :APD 0003 1 : =:12• PCL _ :. EFT._TRACE=.-- - •---- --_ 'a? -?= ?5$?ING °- RSP z 14= D0LI,NIN , v;BpK: CODE* AS2- . • = _ ISSUE DATE OCT=-14? 04:a?-APPRQVBD BY:i M.•. ,?;??;' - ", M? :;;; ` " Y :3TATE• =?:*-:PA=- .,??i , y?,Y. .?: _ .. _- - ARS$:. __ ' * -252.x'-_ : = .??.. .. : _ . _ 00 • ' STOP RSN _ z -?s...._ . _ _ '-? _ ' DRAFT # 436 521301 t1R$VIEFTD y - -- --- . _ _.. • L z _ra ri cr - mr-ltLz: -_ ?:.. "_?? _ l:•?:•_.. - •a'?a- r?l r._ - :?^.. - -• e•. _? _...__._ ._.... ._. ",4.: f•.1 - " ;?• l w - -. r . • •M? Y?"':.. _ _;;.-•:a.itLr:»': ?: ?.:?-:-?'- !?7'r?S4-r:. Syr'-r..rw-s/w :.4AtR•:.?rJa?r.« ..t. .'=:v.L'.:r:.:: ice: i..ci_._? --ss'•'•=_ _ late: 01/04/2005 Time: 04:57:47 PM r VERIFICATION I, Michael J. Dougherty, 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 unswora falsification to authorities- el u MA' Date _. .}i `?! j _F_.c r .;? •• ..?. -' - ??''[':T?':.?•.. r : _ +: _ ...... _ - ?:. ? !L:-... - - -. a...?.`aYe1.?.. ^:?: ?" ,:mac wsr:. ."'_' •. tit•::i i L?Fr= ' =rR-o - ?.S-.? :._ _ •' - _.- -. - C?cl?ibil ?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Fords L-74 CASE NO: 'Plaintiff, TYPE OF PLEADING: COMPLAINT IN CWM AC'I'ION_ HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendants. FILED ON BEHALF OF: Plaintiff COUNSEL-OF RECORD OF - - THIS PARTY: NIICHAEL J. DOUGHERTY, ESQUIRE 'Pa. I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04276307 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford. Plaintiff, V. HARRIS MARINE, INC., d/b/a - HARRISBURG SEAPLANE BASE Defendants. . --- _ CASE NO: TYPE OF PLEADING: COMPLAINT IN CIVIL. ACTION " NOTICE TO DEFEND NOTICE - AVISO YOU HAVE BEEN SUED IN COURT. If you wish to LE HAN DEMANDADO A US77ED EN LA - - - _ "' defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estas you must take action within twenty (20) days.aRcr.this-.. . _ demanddeas expuestas ea las paginas siguientes, complaint and Notice are served, by entering a.wr}lten usted time veinte (20) digs de plazo al partir de la appearance personally or by an attorney in 51irig in fecha dela demanda y la notification- Hace falta writing with the Court your defenses or objections to asentar una comparencia escrita o en persona o con:_ - to the claims set forth against you. You-are wanacd that un abogado y cntrcgar a is torte en formz escrita . if you fail to do so the case may procccd--without yiiu'and = - ° siis defenses o sus objeciones a las demander cu - _' a judgment may be entered against you by the Cbw _ contra de su persona. Sea avisado que si usted no without further notice for money claimed in the Complaint se defiende, la torte tomara medidas y puede : _,i • - - _ . or for any other claim or relief requested_by the. _ . = :. ° . :. contipuar la deniaiida en contra suya sin previo ..... : - . Plaintiff. You may lose money or property or otlur " aviso o notification. Ademas, la torte puede _ rights important to you. decidir a favor del dernandante y requiem que usted _ cumpia con todas las provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos importantes pare usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO . INMEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford CASE NO: Plaintiff, V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE - - Defendants. COMPLAINT IN CIVIL ACTION - -'AND Y OW- COMES, Plaintiff by' and tliTOiigh its counsel, WELTMAN, WEINBERG L:P.A:, aiid ?heireliyfiles this Complaint•agninsf Defendants jointly.and severally. In support thereof,: Plaintiff av_em-.::- - .:Plaintiil~_-ProgressiverNorthcrn:.Insumce_-Company.._("Progressive"),_ is a•eoipordtion. with' a - .. --.?._.::rs:- :, •- :._?-.res. .. _ ........- -----...._. _.--=_. __ .--- __--= _ - - - . _ _ - • =regigtcred-office• o.cated at P.O. Box 43238,_ Richmond Heights, Ohio. 2. t*fcndant, Hams IiMarine, Inc:, doing busiricss'`as Harrisburg Seaplane Base, is a business == organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Stareraft Pontoon Boat ("Insured Boat'), owned by Plaintiff s insured. 4. On or about September 11, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff' Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted, inter alia, of. failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on'the weather conditions which Defendant knew or should have known were occurring or were about to occur, failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As a direct- and proximate result of Defendant's negligence, the Progressive's Insured boat _ sustained property damage in the amount of $2,723.09. ` 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $2;473.09: A true and correct copy of the payment and damage documentation is attached hereto and-niarked as Exhibit "1". ---- - -9.: _---:---: In. addition, .the Plaintiffs -Insured also sustained damages -in• the amount of $250.00 representing his deductible. ~ 10. Pursuant to the insurance policy issued by Progressive and as'a result of said aforesaid payment, ?•: ?.: . Progressive became.subrogated to the.claim of its Insured against Defendant: _ - - • 11. Pursuant to Progressive's right of subrogation, Progressive, is presently due and owed,from w Defendant the sum of $2,723.09. - _- 12:: Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $2,723.09 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PUTPOSE. Respectfully Submitted: ; WELTMAN, ER & REIS, CO., L.P.A. i-J. Dougherty, Esquire-.- PA LD. # 76046 325 Chestnut Street Suite 1120 - -.:• - - - ---- - Philadelphia;YA -19106 (215) 599-1500 -;-'"-'- - -•--- =- -- -_ . _: -_ ?--=- - -- .....?. _ . ?+_--:?.----_ -_??-. -WWRf!(14276307 <?...a.:-, ?::?: - - _ . --. -- -- •-• - - - _ •- , EXHIBIT 1 ' 6 Data: 7SOga 0? 3g Estimate N: 0 tevers osCuna d --'s'W_E Date: 10108/2004 12. Estimate 10: 04-3857609-01 Estimate Version: 0 Committed Profile 10: CUSTOMIZED Progressive Insurance 5053 Ritter Road Suite 101 Mechanicsburg. PA 17055 (717) 791-5178 Fax: (717)69T-6T11 Damage Assessed By: LICENSE#273265 ANDREW DOLL.MAN CKalm Rep: ANDREW DOLLMAN (717) 791-5178 Product Type Boat Date of toss: 0911lrA" Deductible'- 250.00 - Policy No: 41567436-001 Claim Number: 043867609-01 insured-. JAMES FORT?"" Address:: 408 SYLVAN STREET MARYSVILLE. PA 17053 Teleph" • . Work Phone, " (717) 834-3515 home phone. (717) 957 2458 Mitchell Service. 911000 Description: 00 STARCRAFT PONTOON BOAT Vehicle Production Date: 00100 VIN. STR50699lC900 OEMIALT: A Search Coda: MECHANKCSI Color. BLUEtrAN ' Line Entry Labor _ Line Iteni • Part TYPel Rem Number Type Operation Description Part Humber 1 900500• MCH• ' REMOVEIREPLACE REPLACE LEFT REARTFENCE New . 2 900500 MCH'- REMOVEIREPLACE:• • REPLACE RIGHT REAR FENCE Now 3 900500 MCH'•-• REMOVEIREPLACE REPLACE LEFT FRONT FENCE NOW -4-. 900500 MCH* REMOVEIREPLACE INSTALL DECALS ON ENTIRE BOAT New 5 SHIPPING PRICE INCLUDED IN PARTS PRICES 8 CRATE CHARGE ALSO INCLUDED IN PARTS PRICES 7 900500 MCH* REMOVEIREPLACE REPLACE MA=MA DOCKING LIGHTS New 8 WWW.PARTSS"TEMS.COM 9 900500 MCH* REPAIR REPAIR RIGHT PONTOON Existing ' - Judgement item Dollar Labor Amount Units ' •-. 9,44.90'-.1.0• .:,? `• i 383.40 ' O.S' j 1.0• . $8.00' .. ... 3.0' 36.85' 0.0' 1.5' Add? Labor Sublet ibor Subtotals Units Rate Amount Amount Totals IL Part Replacement Summary Amount Mechanical 7.0 65.00 OM 0.00 455.00 T Taxable Parts 2.11395 Sales Tax 6.000% 126.84 Taxablo Labor 455.00 Labor Tax 0 6.000% 27.30 Total Replacement Parts Amount 2.240.19 3,r Summary 7.0 482.30 XE RECALL NUMBER 1010&1200412:42:02 043867609-01 1.11trallate Is a TmA- "lancastercountymad To: Andrew_P_Doilman@Progress+ve.com neguno.com" cc: <lancastercountymarl Subject: Starcratt Parts _ ne 10/0812004 08:50 AM Andy - I have the breakdown for pricing of the parts- 1. Left (port) rear fence - $944.90 2. Right rear fence - $383.40 •• 3. Right Middle Fence - $805.10 4. Left front fence - $690.80 - 5. Decal kit for right front fence and other replacement pieces - $58.00 _ :-_The above items plus tax. The quote includes crating and_guestimated-shipping cost's Thanks, - - Dale Hartman Lancaster-County Marine, Inc. Rt. 272 (4 Lauber Rd. ). Akron, PA'17501 (717) 859-1121 www.lancastercountymarine:cozn= Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 12:42 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: VT650190 INSD: FORD, JAMES G -II_. POL: _.41567436-1 DOL SEP_it 04 PA-MECHAN-BRN- CLM: 043867609 ACTIVE REP: A DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 2,473.09 LINE 1• JAMES G FORD II, ONLY*************************************** LINE 2: LINE 3: ADDRESS: 408 SYLVAN STREET -CITY;' MARYSVILLE ST/PR* PA ZIP/CPC: 17053.:.:; . _ CNTRY U IN PAYMENT-OF: COLL DMG TO 00 STARCRAFT,. LESS $250 DEDUCTIBLE -_1099 ? N FEDERAL TAX ID: LAST UPDT REP: APD0003 , CDS CODE * 12 PCL EFT TRACE ISSUING REP: A DOLLMAN= BANK CODE*-AS2 ISSUE DATE OCT 08 04 -APPROVED BY: :-STATE * PA AREA * 252 REVIEW DATE: 00-00. VM STOP RSN-* DRAFT # 436399936 REVIEWED BY: 'COMMAND: -- - - ---- - - - _ Date: 03/04/2005 Time: 12:42:27 PM VERIFICATION I, Michael J. Dougherty, 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 unswom falsification to authori es. Michael . Dou erty .Data - = - -. _ ..... - - - - - -- ex IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg Shan-ar Plaintiff,- - - V. - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE M Defendants. 2OOf-•0)1?7J: `CASE NO: 'TYPE OF PLEADING: COMPLAINT IN•CIVIi. ACTION:. FILED ON BEHALF OF: . - Plaintiff - - COUNSEL OF RECORD OF - -.:THIS PARTY. - MICHAEL J. DOUGHERTY, ESQUIRE Pa. I.D. #76046 = WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadclphia, PA 19106 (215) 599-1500 WWR #04276311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg ShaTrar CASE NO: Plaintiff, V_ TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION HARRIS MARINE, INC., d/b/a _ _ • - -- • _ _ HARRISBURG SEAPLANE BASE - - : . = - Defendants. - - = - -= - "'- =? . NOTICE TO DEFEND - - NOTICE AVISO .. _ . ;.; YOU HAVE BEEN SUED IN COURT. If you-wish to LE HAN DEMANDADO A USTED EN LA defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estas dgmanddeas expuestas en las paginas siguientes.:..: i? .,- - you must take action within twenty (20) days after this -- complaint and Notice are served, by entering a written u'sted time veinte (2D) dias de plaza al partir de la appearance personally or by an attorney in_filing in : fecha dela demands y la notificacion. Hace writing with the Court your defenses or objections to - .? :;?? •? ::? asentar una comparencia escrita o en persona o coa::: to the claims set forth against you. You are warned that= _ z umbogado.y entregar a Is corte en forma escrita, _. if you fail to do so the case may proceed without you" and = = sus defeiuai o sus objeeiones a las demandas en : __ _ r,? • r ` - a judgment may be entered against you by the'Court='.: --- - - contra de su persona. Sea avisado que si usted :- without further notice for money claimed in the Complaint se defiende, la corte tomara medidas y pucde Y , or for any other claim or relief requested by contiriuai is dernanila en contra suya sin prcvio ,_. plaintiff: You may lose money or property or othei aviso o totificacion. Ademas, la corte puede rights important to you. deeidir a favor del demandante yrequiere que usted. . _ cumpla con todas las provisions de esta demands. usted puede perder dinem o sus propiedadas u otros drechos importantes para usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUiR ASISTENCIA LEGAL LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Greg Sharrar Plaintiff, V. CASE NO: TYPE OF PLEADING: COMP'LAINP IN CWM ACTION HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE -Defendants. ?- -_ -- - -- CO1ViPLAINT IN CIVIL ACTION - -'AND NOW COMES, Plaintiff ?by and tl}rougli_ its counsel; WELTMAN; WEINBERG & ItEIS, _CO., • , _ L.P.A, and.her?by file's this Coiiiplaint against Defendants jointly and_severally. In support thereof; Plaintiff avers. as, follows: _ _1. :_::: Plainti ,-Progressive Noithern? e: Company("_Progressive').•_is a corporation witli-:a; ::i!-!. registered office locatedlat P.O. Box 43258, Richmond7Heiglit9; Ohio.:-- ,.>.__ ::?? _- :- ••_ .. 2. Defendant, H"i lad inc; Inc.; doing" busi-is as Harrisburg Seaplane Base, is- a business organization licensed and authorized to conduct bitsincss in the Commonwealth of Pemnylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2003 Sun Tracker. ("Insured Boat'), owned by Plaintiffs insured. 4. On or about September 19, 2004 the Plaintiff Insured's bat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff Insured's boat was under the care, custody and/or control of Defendant, the Plaintiff Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which consisted, inter alia, of- failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur, failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As- A: = direct and proximate` `result . 'of = Defendant's. negligence, the Progressive's Insured boat.. _ sustained property damage in the amount of $7,449.15. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $6,949:15. -A--p= and-correct copy of the payment and damage documentation is attached hereto and marked as-,. . Exhibit "1". -• _.: _ ..._ ._ . :. _ ._._ .._ i - _ . - - - - 9;...:-- -:In-addition, the Plaintiff's•insured also sustained damages in the amount of $250.00.reprc*!nting .; his deductible. ..... _ ` -10. Pursuant to the insurance policy_ issued by Progressive and as a result of said aforesaid payment, - -Progressive became subrogated to.the claim ofitslnsured against MfcridanG °1l. Pursuant fo- Progressive's right of subrogation, Progressive is presently due• and owed ,from := . Defendant the suffi of $7;449.15. -, :.-W 12. Repeated domands Mire tech `made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $7,449.15 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN4/41NBERG & REIS, CO., L.P.A. Michael J: Dougherty;•Esquire• _ PA LD. # 76046 _ 325 Chestnut Street- . Suite 1120 _ _ Philadelphia, PA-19106 (215) 599-1500 W WR#0427630.7:•t _ ? z _ ?-- ,. .t .t.s T_:?t_ •L__ fad'?:-•`:__ _ _.?-i .::1 .__ _.... .-_...___.. _ _w ? ._. ,l - .. _ _._ EXHIBIT I Date: 011181200510:25 AM Estimate ID. 04-3809859-01 Estimate Version: 1 Supplement: 1 (F) 01118r200510"18:15 P Profile tD: CUSTOMIZED PROGRESSIVE 5053 RITTER ROAD SUITE 101 MECHANICSBURG. PA 17055 (717) 791-5178 Fax: (717) 697.6711 Damage Assessed By. LIC=NSE9273265 ANDREW DOLLMAN Calm Rep: ANDREW DOLLMAN (717) 791-5178 - Supplemented By: LICENSE#273265 ANDREW DOLLMAN ' Product Type Boat ` Date of Loss: 091192004 ' Deductible: 500.00 - Policy No: 35294164-001 ' Claim Number. 043809859-01 Insured: GREG SHARRAR. - -' Address: 1815 ENGLISH AVE MECHANICSBURG. PA 17055 Telephone: Work Phone: -'(717) 545-3758 Home Phone: (717) 7954MS - °- --Mitchell Service: 911000 Description: Vehicle Production Date: 00100 VIN: OT695144 OEM/ALT: A Search Code: MECHANICSI - Color: IVORY = Line Entry Labor Line Item Part Type/ Dollar Labor item Number Type Operation Description Part Number Amount Units MANUAL ENTRIES - - - - - - 1 900500 MCH* REPAIR REPLACE STARBOARD LOG New 3.490.00- 8.0- 2' 900500 MCH' REPAIR REPLACE STARBOARD DECK EXTRUSION 3 PIECNew : 150:00" 3 900500 MCI' REPAIR REMOVE MISTALL RIGHT FENCING Existing 4 PARTS AVAILABLE FROM RYAN VYGAS 5 AT BASS PRO SHOPS- 6 410-689•-2500 EXT 4480 7 9005W MCH* REPAIR HAULING CHARGES Sublet 413.00 0.0' g INCLUDES HAULING. TRAILER FEE. 2ND MAN FEE - ' 9 900500 MCH' REPAIR DETAIL BOAT INTERIOR Existing 2.0` _ 10 900500 MCI' REPAIR SHOP SUPPLIES Sublet lS.00'` d.0' S1 11 900500 MCH* REPAIR WELDING SUBLET TO B€ HANDLED AS SUPPLEMOWM 375.00' 0.0` S1 12 900500 MCH* REPAIR FREIGHT CHARGES HANDLED AS A SUPPLEMEN'1Sublet 625.00' 0.0` ` - Judgement Item ESTIMATE RECALL NUMBER: 10/132004 10-.47-M 04-3809859-01 U1traMate is a Trademark of Mitchell International MitdWl Data Version: DEC 04 A Copyright (C) 1994 - 2004 Drell IMemallonal UttraMate Version: 5.5.008 AN Rights Reserved Page 1 of 4 Date. 01/18200510:25 AM Estimate ID: 04-3809859-01 Estimate Version: 1 Supplement 1 (F) 01/1812005 10:18:15 A Profile 10: CUSTOMIZED Addl Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Mechanical 13.5 65.00 0.00 1.428.00 2.305.50 T Taxable Parts 3,640.00 Sales Tax Q 6.000% 218.40 Taxable Labor 2,305.50 Labor Tax ® 6.000% 138.33 Total Replacement Parts Amount 3,858.40 Labor Summary 13.5 2.443.83 Ili. Additional Costs Amount IV. Adjustments Amount Total Additional Costs 0:00 insurance Deductible 500.0( Customer Responsibility 500.0( 1. Totallabor: 2.443.8: 1k. Total Replacement Parts: - 3.858.4( Ili. Total Additional Costs. 0.0( Gross Total: - 6.3022: IV. Total Ad]ustme nts: 500-0( - Net Total: 5.802.2; Less Original Net Total: 4,742.2: - - Net Supplement Amount 1.060.0( S1: LICENSE#273265 ANDREW DOLLMA1.060.0( - Inspection Sfte: BIG BEE BOATS - - . , _ -- - == MARYSOLLE inspection Date: 09/27/2004 THE VEHI'CL_E' ER':M7?Y':BE, RESPONSIBLE;"FOR ADDITIONAL COST, ABOVE THE APPRAISED:AMOUNZ':-...TfIERE, IS; NO REQUIREMENT TO USE A SPECIFIC REPAIR-'--::' SHOP, HOWEVE) ,;_! f#F..INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT -' :''' WILL BE.-ABLE--TO;-REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY'=INC-LUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS.--IF THE •USE•=•OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING - WARRANTY-ON'THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE ?:•_ AFTERMARKET PART LISTED ON THIS ESTIMATE WILL HAVE A WARRANTY THAT "-" MEETS OR EXCEEDS'THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEEDED WITH A/M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS'THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE, THE AMOUNT SHOWN INCLUDES TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND AFTER THOSE REPAIRS. LIFETIME GUARANTEE FOR SHEET METAL AND PLASTIC BODY PARTS ESTIMATE RECALL NUM13ER: 10013200410:47:08 04-3809859-01 UktraMate Is a Trademark of Mitchell International Kitchen Data Version: DEC 04 A CopyrlgM (C)1994 - 2004 WAchetl International Page 2 of 4 4 n>.^t,A,=t^ V^mInn- SS.008 AD Rights Reserved Date: 01!182005 1025 AM Estimate 1D: 04380985941 Estimate Version: i Supplement: 1 (F) 01/18200510:18:151 Profile la: CUSTOMIZED The replacement parts written on the estimate are intended to return y our vehicle to its pre-loss condition with proper installation. After =:-- - = repair, if any sheet metal or plastic body part included in the estim ate fails to return your vehicle to its pre-loss condition (assuming p roper installation), in terms of form, fit, finish, durability or func tionality, 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 associat ed repair and rental car costs). To obtain service under this Guarante e, call Progressive at 1-800-274-4641. This Guarantee applies as long as you own.or lease the vehicle. This G uarantee is not transferable and te_rminates_if you sell or-otherwise t ransfer your vehicle. - THIS GUARANTEE DOES NOT COVER NORMAL-WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE, NEGLECT, ABUSE_OR SUBSEQUENT ACCIDENT. = THIS.GUARANTEE IS LIMITED: TO ARRANGING FOR THE SELECTION OF REPAIR PAR TS THAT WILL RETURN YOUR VEHICLE TO ITS PRE-LOSS CONDITION. -ACCORDING: -- LY, - PROGRESSIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CO_N:-:-!' _ SEQUENTIAL. DAMAGES THAT RESULT FROM THE: INSTALLATION OR USE OF THESE P ARTS. ...._ - - :.. - .... - * * PART TYPE TERMS. AND: _ ABBREVIATIONS NEW AND OEM OR PART NUMBER DISPLAYED -- THESE REFER TO A NEW, ORIGINAL EQUIPMENT MANUFACTURER PART. - -- NN-OEM AND A/M AND QUAL REPt: THESE •REFER TO AN AFTER-MARKET PART,--.--WHICH IS A NEW, NON-ORIGINAL-EQUIPMEN_T_MANUFACTURER..PART. - = = USED/RECYCLED AND LKQ -- THESE REFER TO A USED OEM PART.. _- i :•.=:-:REMANUFACTUR$p:`.AIIJ)- ECONQ.-.MD:.RECORE_:THESE -REFER- TO USED:/R_ECYCLED: -POEM::PARTS:.- HAT.',HA11E_-BEEN• REFURBISHED-.-- -- Y.' • . ` :'. THIS:. ESTIMATE- REPRESENTS AN--AGREED- PRICE -BASED ON ALI; -KNOWN= DAMAGES:- -= - AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL - _ '' - -<- "=LISTED=,REPAI%S,::'AND, ALL 'TOWING.'_AND_ STORAGE- CHARGES.--INCLUDED IN_THIS ' ' -- - ESTIMATE. - ..- . ?: z__ ***THIS IS NOT AN AUTHORIZATION OF REPAIR-.***-- ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** PROGRESSIVE WILL ONLY BE RESPONSIBLE FOR ADDITIONAL I AAYS PO TI NSST DATELINGBOTTHREPAIHRAB E AN T &UTO APPRAISER SIGNATURE REPAIR SHOP MANAGER'S SIGNATURE ESTIMATE RECALL NUMBER 101132004 10:47:08 043809859-01 UltraMate is a Trademark of Mitchell International MdChell Data Version: DEC 04 A Copyright (C)1994 - 2004 Mitoheil Intemationat UaraMate Version: 5.5.008 AN Rights Reserved STORAGE OR MISC. THIS APPRAISAL Page 3 of 4 Event Log File Created: Estimate Started: Estimate Printed: Estimate Committed: Estimate Uploaded: 101132004 08:399 AM 01118/200510:17:27 AM 01118200510:20:28 AM 01111110M 10:2S:29 AM Estimate not uploaded Date: 01118200510:25 AM Estimate 1D: 04-3809859.01 Estimate Version: 1 Supplement 1 (F) 01!18(200510:18:15 f Profile ID-. CUSTOMIZED ESTIMATE RECALL NUMBER: 10/13200410:47 8 04-3809659-01 UltraMete Is a Tradernwk of WAche111Mematlonai M'dchell Date Version: DEC 04 A Co *W (C) 1994 - 2004 k0dreti International UltraMate Version: 5.5.008 AB Rights Reserved Page 4 of 4 Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:24 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD: SHARRAR, GREG _ POL 35.294164-1 DOL SEP 19 04 PA-MECHAN-BRN- CLM: 043809859 ACTIVE REP: A DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 4,742.23 LINE 1: GREG SHARRAR AND********************#*****#*********#****t LINE 2: GREAT SOUTHERN BANK, ONLY*f********************************* LINE 3: Q ADDRESS: 1815 ENGLISH DRIVE CITY: MECHANICSBURG ST/PR* PA ZIP/CPC: 17055 CNTRY*._U IN PAYMENT OF: COLL DAMAGE TO 03 SUN TRACKER, LESS. DED. 1099 ? N FEDERAL TAX ID: LAST UPDT REP: APD0003 CDS CODE * 12 PCL -EFT• TRACE #: ISSUING REP: A DOLLbjAN:.._, -BANK CODE* AS2 ISSUE-DATE :- OCT -13 •04. APPROVED BY: STATE * PA -AREA * - 252 - -- REVIEW DATE: STOP RSN'* DRAFT # 436520246 REVIEWED BY: COMMAND: Date: 03/04/2005 Time: 02:24:27 PM "Page: 1.Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:25 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD: SHAR_RAR_ , GREG --- POL- ,35294164-1 DOT., : SEP 19 04 PA-MECHAN-BRN -CLM: 043809859 ACTIVE REP-:-A -DOLLMAN PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,060.00 LINE 1: GREG SHARRAR AND****t****,x***t***t**** *'****************#* LINE 2: GREAT SOUTHERN BANK, ONi,Y*********************************#* LINE 3: ADDRESS: 1815 ENGLISH AVE _ CITY: MECHANICSBURG ST/PR* PA ZIP/CPC: 1.7055.- _:. CNTRY* I IN-PAYMENT'-OF:= -COLL. SUPPLEMENTAL CHARGES FOR PONTOON BOAT 1099"- ?-N FEDERAL TAX ID:: LAST UPDT REP: APD0003 _ CDS -CODE'--* -_Y2 --PCL EFT TRACE =#_ --_ • ISSUING REP :. A DOLL,MAN BANK- *;-AS-2 - -ISSUE DATE JA1?F i8' "05 APPROVED. "BY ?STATE'-" * PA AREA * -:.252•• - RSVftVi-DATE:. - Ofli`00? =L? , rte` STOP- RSN- * DRAFT A 437991349 REVIEWED BY:_ COMMAND : Date: 03/04/2005 Time: 02:25:36 PM VERIFICATION I, Michael J. Dougherty, 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 P&C.S.A. §4404 relating to unsworn falsification t authorities. Michael D gherty dl? ,F" k, ?, + r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Jim Sauerwine CASE NO: V J .3 9 3 Z Plaintiff, - ~ v - TYPE'OF PLEADING: - COMPLAINT IN CPgL ACTION HARRIS MARINE, INC., d/b/a - HARRISBURG SEAPLANE BASE Defendants. - FILED ON BEHALF OF: Plaintiff =-,COUN_ SEL OF RECOR_ D OF THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIRE Pa. ED. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04352149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford. Plaintiff, V. - -' - - - - HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE; ::'- - - CASE NO: TYPE OF PLEADING: COMPLAINT IN CIVIL AC'T'ION Defendants: - - • .. _ _ NOTICE TO DEFEND - - NOTICE AVISO - YOU-HAVE BEEN SUED IN COURT. If you wish to _ _ LE HART DEMANDADO A USTED EN I A defend against the claim set forth in the following pages, CORTE. Si usted quiere defenderse de estas _ you nwst take action within twenty (20) days after this demanddeas expuestas on las paginas siguientes, _ complaint and Notice are served, by entering a -written - o steel tiene veinte (20) dial de plazo al partir de la appearance personally or by an attorney ft filing fecha dela demands y la notification writing with the Court your defenses or objections to'- asentar una comparencia escrita o on persona o con. .3_ to the claims set forth against you. You aie.watned tbet un abogado.yentregar a la torte en forma escrita., : _ if you fail to do so the case may proceed _withdut you- aiiid `- = -sus dlcfensas`o sus abjeciones a lay detrtandas en ,, _ ;z, a judgment may be entered against you by, the-CouA .:' : ' -f" contra de su persona. Sea avisado que si usted no _. _; ,.,... i4*hout fiulber notice for money claimed-in the Complaint se defiende, la torte tomara medidas y puede or for any other claim or relief requested by the = : - • , : continuar la demands on contra suya sin previo is - plaintiff. You may lose money or property or, otfier-- aviso o notification. Ademas, la torte puede :. _ •, _,, ;. rights important to you. - decidir a favor del demandante y rcquiere quo usted cumpli con today las provisions de esta demands: - itsted puede perder dinero o sus propiedadas u otros drechos importantes para usted. 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: LLEVE ESTA DEMANDA A UN ABOGADO U MEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r' IN THE COURT OF CONWON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of James Ford CASE NO: Plaintiff, V. TYPE OF PLEADING: .y COMPLAINT IN CIVIL ACTION HARRIS MARINE; INC., d/b/a HARRISBURG SEAPLANE BASE ' - - ..' Defendants: r _.... ----- - COMPLAINT IN CIVIL ACTION _ - ' ' - 1lND'-NOM=COMB, Plaintiff ltj and through its counsel; WEL'IMAN,' WEINBERG --& REIS; _ L.P.A, arl¢,hereby fees this Complaint against Defendants jointly and severally. In support thereof,.Plaintqavers•L. _ .w -- as follows:_ ?_- -- -. :;Pro®ressiva Noithern. Instuance• CompanY _ C`Progressive'J,_ -is a..corporation. wit}i• a` . -r- - .. - - - :: ' • -` registered'offic6-losated'at F.O. Box 43258; Richmond-Heights,-Oleo: - - - - Harris - Maiirie;' #sic:, '6 ing -buiiriess ds= Harrisburg Seaplane = Base, is =a -business- - organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 333 South Front Street, Wormleysburg, Pennsylvania 17043. 3. Progressive issued a policy of insurance where Progressive agreed to insure a 2000 Starcraft Pontoon Boat ("Insured Boat'), owned by Plaintiffs insured. 4. On or about September 23, 2004 the Plaintiff Insured's boat was stored at Defendant's place of business and was at all times under the care, custody and/or control of Defendant. 5. While the Plaintiff' Insured's boat was under the can, custody and/or control of Defendant, the Plaintiff' Insured's boat was caused to be damaged. 6. Defendant is liable to Plaintiff for all damages sustained to the Plaintiff Insured's boat due to Defendant's negligence and/or carelessness which-consisted, intcr-alia, of failing to have the boat properly secured; failing to take proper precautions to ensure the safety of the boat; failing to take proper precautions to ensure the safety of the boat based on the weather conditions which Defendant knew or should have known were occurring or were about to occur, failing to place the boat at a safe location under the circumstances; and, failing to act reasonably in the securing and protecting the boat. 7. As a direct and proximate result of Defendant's negligence, the Progressive's Insured boat sustained property damage in the amount of $21,494.40. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of _ $21,244.40. A true and correct copy of the payment and damage documentation is attached hereto and. marked as:: Exhibit"1". - - `--- - . - _.. - . - -.- - - -. - ----- - - -9..--- _ In_ addition, the Plaintiffs insured also sustained damages in the amount of $250.00 representing i. - his deductible. _ •- • . - _ . - 10.. Pursuant to the. insurance policy issued by Progressive and as a'resuit ofsiid aforesaid payment, . _ Progre s ssivc.l e - -ubr of its Insured against Defertdank' _ogated to the claim o 11. Pursuant to Progressive's right of subrogation, Progressive. is presently due and owed from. ., Defendant the sum of $21,494.40. - ?a e . - ?-' . _.?.. i ; .?-? -- -?.+ ?, r-^ - -- _ = - ,__, .••!:' ._.. :??'••• .?: ,••-r.•;n is-? -:. -12. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, -: Defendants have wilifully failed and refused to pay the sum due and owing to Progressive. _ WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $21,494.40 plus interest and,costs: - , - -. - _ - THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submi WELTI4M INB RG & REIS, CO., L.P.A. - .-.. .. - ..? . - _ -Michael 3: ougberty, Esquire PA I.D. # 76046 -- - 325 Chestnut Street -Suite 1120 _ Philadelphia,-PA 19106 : • - - (21S)599-1500 - - - - .: _ -_= WWR#1043521-49-.--' • =:`= - - -.. . ._. -_._ .. .. _. -_.. - - - - = 1. - ._. ? .. .. ..a. -.? _ EXHIBIT l • NADAguides.com - New Car Prices, Used Car Values ?Quer ? in ? Used Values: Result Boats and Personal Watercraft ?_?;• 1994 TRACKER MARINE SUM TRACKER SERIES PARTY CRUISER(*) October 25, 2004 ® p2nt this pagg Used Average High Trade-In Retail Retail Page 1 of 3 -.Base Price--- S13,300 $15,850 $17,900 - ; Options _ ?Powei- Boat: ENTERTAINMENT - T.V. 13" Color. $80 $95 , $105 Power Boat: GALLEY Range - Electric: $390 $455 $505 Refrigerator - ACIDC - $350 - $410 $455 6 cu. $.: Power Boat: MISCELLANEOUS OPTIONAL EQUIPMENT :. Air Conditioning V -Heating System - $760. $885 _ -: $980. I2,000btu: Generator /-5-KW - $1,765 $2,050 $2,275 = = Gas: _ Hardtop 16'- 20'-Boat: $855 $995 $1,105 • --TOTAL PRICE 517,500 $20,740 $23,325 Notes (*)INCLUDES THE VALUE OF THE OUTBOARD MOTOR. (**)INCLUDES THE VALUE OF THE OUTBOARD MOTOR AND TRAILER. (***)INCLUDES THE VALUE OF THE TRAILER -NADAguides.com - New Car Prices, Used Car Values Next Steps Get another c Vehicle Specifications Length: Model Name/Description: Boat Type: Hull Material: Beam: Engine: Net Weight: 32' PARTY CRUISER(*) Pontoon Boats Aluminum 8' b" 1 90 HP Gasoline 5,200 Back to To-p•? • -,-.; - Value Explanations _ Manufacturers Suggested List Pricing - (January and May . -: :-editions ONLY) We have included manufacturers suggested ., . retail pricing!to assist in,the financing; insuring and appraising ==: ,z = : ;: ;•_: -,: of vesselsA is pricing will appear in the High Retail column for the current year only, if available. The value listed .: _ :! ::: •- • _ reflects the approximate price of the boat when it is brand are furnished by the manufacturer and rices new The MSRP . . p are assumed to be correct. Value Range - The values listed are derived from the _..:market place.- These values are based on the boats overall - ` • - condition. _ _ .. : _ ." Used Trade-In (Low Book) - This column reflects the average trade-in value of a clean used boat "ready for resale". This may also be considered the low book value. Average Retail - The average retail column reflects those boats in clean condition with no visible damage or defects. This boat will show some moderate wear and tear and will be in nnnning condition. The buyer may need to invest in either minor cosmetic or mechanical work. High Retail -- The high retail column reflects those boats in excellent condition- Like new! ! This boat will show very little wear and tear and all equipment will be functioning, and the engine(s) are in good running condition. This boat has been meticulously maintained or restored and will not require any reconditioning. Page 2 of 3 • •NADAguides.com - New Car Prices, Used Car Values Page 3 of 3 Loan Value Explanation - This guide.does not have an established "Loan Value' designation. Lenders will use a percentage of either the Average Trade-In, Average Retail, or High Retail values. The determination of which column valuation is used is based on the lending institutions own internal policies and guidelines. Back_to Top Wap.wight 104 NADA Appraisal Guidm lie. All Right Rererwed ONADASC 104. All Right/ Raer?ed- Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N MAR 04 05 - 14:13 OPID: JES0018 CLAIM PAYMENT INQUIRY TERMID: V6010477 INSD: SAUERWINE, JIM POL: 39099080-3 DOL : = SEP-_23 04--' PA-MECHAN-BRN= CLM: 043833649 ACTIVE REP.:_ A. DOLLMAN - PAY TO THE ORDER-OF: TOTAL DRAFT AMOUNT: 21,204.40- LINE 1: JIM SAUERWINE, ONLY ************{*************** ********** LINE 2: LINE 3: ADDRESS: 217 ALLENDALE WAY CITY: CAMP HILL ST/PR* PA ZIP/CPC: 17011 CNTRY*- L IN PAYMENT OF: FU LL AND FINAL SETTLEMENT TOTAL LOSS TO 94 TRACKER--250 DED 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SSS0009 CDS CODE * 12 PCL EFT TRACE ISSUING REP: S SCHEIFE_L-E:• - BANK CODE* AS2 ISSUE DATE NOV 02 04 APPROVED BY: M MUR,RAY ?- STATE * PA AREA * 252 REVIEW DATE: 00-.00 STOP RSN * DRAFT # 436779121 REVIEWED BY: C014KAND : _ Date: 03/04/2005 Time: 02:,13:58-PM VERIFICATION L Michael J. Dougherty, 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 subject to the penalties knowledge, information and/or belief. These averments =ies. of 18 Pa.C.S.A. §4904 relating to unsworn falsification Michael . Dou erty Date'" HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Josette F. Spivak IDENTIFICATION NO. 23319 / 82356 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD SUITE 2000 PHILADELPHIA, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : CIVIL DIVISION V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE CASE NO: 05-2263 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT MARINE PROPERTIES INC. d/b/a HARRISBURG SEAPLANE BASE, improperly pled as HARRIS MARINE, INC.'S MOTION TO CONSOLIDATE Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Hollstein, Keating, Cattell, Johnson and Goldstein, P.C. hereby moves this Honorable Court to Consolidate the above -captioned actions for all purposes pursuant to Pa. R.C.P. 213(a). Plaintiff Progressive Northern Insurance Company filed the above captioned action in the Cumberland County Court of Common Pleas on behalf of Subrogee Raymond C. Santana, Jr. Exhibit "A." Plaintiff and plaintiff-subrogee have alleged property damage to his boat allegedly docked at Defendant's Marina on or about September 18, 2004. Exhibit "A." Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., filed its Answer with New Matter on or about January 20, 2006. Exhibit "B." Plaintiffs' complaint arises out of the same transactions or series of transactions as are alleged in the matters of: • Progressive Northern Insurance Company, Subrogee of James Ford v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3270. Exhibit "C." • Progressive Northern Insurance Company, Subrogee of Edwin Ullom v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2264. Exhibit "D." • Progressive Northern Insurance Company, Subrogee of Greg Sharrar v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3271. Exhibit "E." • Progressive Northern Insurance Company, Subrogee of Jim Sauerwine v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-3932. Exhibit "F." Upon information and belief the Plaintiffs' claims relate to flooding which occurred in September 2004 as a result of the remnants of Hurricane Ivan. All of the plaintiffs' seek to recover in subrogation for property damage claims paid to their insureds for damage to the insureds' boats which were allegedly docked at Defendant's Marina in September 2004. Pennsylvania Rule of Civil Procedure 213(a) provides: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. These cases should be consolidated for purposes of discovery, arbitration and trial in order to avoid unnecessary costs to both the Court and the parties and because all of the aforementioned Complaints involve common questions of law and fact, and arise from the same transaction or occurrences. Rozonowski v. Penn. Nat'l Mutual Casualty Ins Co., 343 Pa. Super 7 (1985); Lohmiller v. Weidenbaugh, 302 Pa. Super. 174 (1982), rev'd on other grounds, 503 Pa. (I 0247.00088:JFS 1410} 2 329 (1983). Consolidation of these actions for discovery and trial will also avoid prejudice which could result from multiple hearings and inconsistent rulings. Plaintiff's Counsel does not oppose this motion to consolidate. WHEREFORE, Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests the Court grant its Motion to Consolidate the above captioned actions for all purposes under the caption and docket of Progressive Northern Insurance Company, Subrogee of Raymond C. Santana Jr. v. Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, Cumberland County Court of Common Pleas, Case No. 05-2263. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: James W. J on, Esquire ,OA I.D. # 26319 Josette F. Spivak, Esquire PA I.D. # 82356 (10247A00 UFS1410). 3 CERTIFICATE OF SERVICE I, Josette F. Spivak, Esquire, do hereby certify that a copy of Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc.'s Motion to Consolidate and Memorandum of Law has been served on plaintiff's counsel listed below by first class mail, postage pre-paid on this6 ??,day of '2006: _&, Samantha Tran Estevez, Esquire Weltman, Weinberg, and Reis Co. 325 Chestnut Street, Sutie 1120 Philadelphia, PA 19106 VERIFICATION I, Michael J. Dougherty, 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 unworn falsification t authorities. Michael D gherty ... Date • • f V ` - •• - - - -- ••.... ? _:.-.. Tt..?, - -- - - - -- . _ _ . C, k, ?-, ? r, C7 C= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX4;; ry .. PENNSYLVANIA 'F CIVIL DIVISION_ r r PROGRESSIVE NORTHERN INSURANCE COMPANY CASE NO: 05-2263 Subrogee of Raymond C. Santana, Jr. TYPE OF PLEADING: Plaintiff, ANSWER TO COMPLAINT HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE SEAPLANE BASE Defendant N c ? cr --{7 fT tm f --i1 .X Q 0 Urn a --•i on FILED ON BEHALF OF : DEFENDANT MARINE PROPERTIES, INC. d/b/a/ HARRISBURG SEAPLANE BASE (improperly pled as Harris Marine, Inc.) COUNSEL OF RECORD OF OF THIS PARTY: JAMES W. JOHNSON, ESQUIRE JOSETTE F. SPIVAK, ESQUIRE PA ID# 23319 / 82356 HOLLSTEIN, KEATING, CATTELL, JOHNSON & GOLDSTEIN, P.C. : 1628 JOHN F. KENNEDY BLVD. SUITE 2000 PHILADELPHIA, PA 19103 215-320-3260 ANSWER TO COMPLAINT WITH NEW MATTER Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., by and through its counsel Holdstein, Keating, Cattell, Johnson and Goldstein, P.C. responds to Plaintiff's Complaint and avers as follows: (10247-00088-.TN4544) Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 2. Denied in part, admitted in part. It is denied that Harris Marine, Inc. is a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania. Marine Properties, Inc., improperly plead as Harris Marine, Inc., d/b/a Harrisburg Seaplane Base, is a Pennsylvania corporation. It is admitted that 333 South Front Street, Wormleysburg, PA is the place of business of Marine Properties, Inc., d/b/a Harrisburg Seaplane Base. 3. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 4. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 5. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 6. Denied. Answering Defendant specifically denies it was negligent or careless in its care of the boat. Despite reasonable investigation answering Defendant lacks sufficient j 10247.00088.TN4544} information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 7. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 8. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments.of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 9. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. 10. Denied. This paragraph is a conclusion of law to which no response is required. H. Denied. This paragraph is a conclusion of law to which no response is required. 12. Denied. Despite reasonable investigation answering Defendant lacks sufficient information to admit or deny the remaining averments of this paragraph, and therefore same are denied with strict proof thereof demanded at trial if deemed material thereto. ( I0247.00088:TN4544) WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests judgment in its favor and against Plaintiff, together with the award of costs and attorney fees. NEW MATTER 1. Plaintiff's claim is barred by the common law defense of act of God. 2. This Complaint fails to set forth a cause of action for which relief may be granted. 3. This Court lacks jurisdiction of the persons of Defendant Harris Marine, Inc. 4_ Answering Defendant violated no legal duty to Plaintiff. 5. The action is barred by the applicable Statute of Limitations. 6. The plaintiff was guilty of the sole negligence which was the proximate cause of damages complained of. 7. The plaintiff was guilty of contributory negligence. 8. The plaintiff was guilty of comparative negligence of a greater degree that the negligence of the defendant, which negligence is denied. 9. The alleged damages sustained by the plaintiff are the proximate result of the acts and/or omissions of parties over which defendants exercised no control. 10. Plaintiff is not the real party in interest. (10247.00089IN4544) It. Plaintiff lacks standing to bring this action. 12. Answering Defendant incorporates by reference the terms of the Dockage Lease Agreement, a copy of which is attached hereto as Exhibit "A", including, but not limited to, Paragraph 10 which states: "Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor," and asserts same in defense of the action. 13. Answering Defendant incorporates by reference the terms of the Dockage Lease Agreement, including, but not limited to, Paragraph 12 which states: "Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage," and asserts same in defense of the action. Exhibit "A" 14. Plaintiff's claim is barred by the terms, limitations and conditions set forth in the agreement. 15. Answering Defendant reserves the right to supplement its New Matter as indicated during discovery. ( 10247.00088_TN4544) WHEREFORE, Answering Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., respectfully requests judgment in its favor and against Plaintiff, together with the award of costs and attorney fees. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By_ 4.- '..-'James W. J on, Esquire l' PA I.D. 4723319 Josette F. Spivak, Esquire PA I.D. # 82356 1628 John F. Kennedy Blvd. Suite 2000 Philadelphia, PA 19103 215-320-3260 Counsel for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc., { 10247.00088:TN4544} CERTIFICATE OF SERVICE I, Josette F. Spivak, Esquire do hereby certify that a copy of Defendant's Answer to the Complaint with New Matter was served on January 19, 2006, via U.S. first class mail upon the following: Michael J. Dougherty, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 (10247.00088:TN4S47 ) U004/029 Tiic. ;10247.Mgg:7N46151 •W'ORMkEYSBURG RIVERSIDE CITY ISLAND MAY 15 THRU OCT. L 2004 MAY 31 THRU OCT. 1.2004 MAY i THRU OCT. 15, 2004 DOCKAGE LEASE AGREEMENT All information must be filled out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease, the boat will be pulled and you will not be allowed back in_ This agreement made between B & B Holdings, Inc. and H sburg Seaplane Base hereinafter called Lessor, and named Lessee t? - 0 ' qe- 3 --! 3 Home Phone <t Work hone 3 3-t73r?a Emergency Phoned 6 ,1 - ; Address JL?n ?C' /F771"I°?SZ j 7-' 36 Boat Registration# F,4 36 ^. ?,! Boat Make Boat Year-I,,_,, Length Engine HP Engine Year Engine Model Jet Ski Make Jet Ski Registration #, Providing for the rental of dock space for the berthing of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions. If boat is in the marina after the lease termination date, Lessee will be billed $10.00 per day as additional rental- Lessee agrees to pay unto the Lessor in consideration of the dock space furnished, the total sum ofS 5 r-0 c- SLIP NUMBER - Jc? ?? J?r Eariat' r/,ad: dZ? L Lessor agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she is the owner of the above-described boat. This contract becomes null and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himself/herself. No work may be done by an outside contractor without written permission from the Lessor. All pets shall be on a secured leash when at the marina. Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks). In an emergency situation, Lessor shall be permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances. Water skiing or swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor jaA account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage. No vessel shall be advertised for sale in the marina. Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Marina. One Primary Permit per vesseU household will be issued No trailers are permitted on par ' lot. Lessor reserves the right to exclude those whose actions are ff ve to thers. k Lessor, B&B Hot' ings, tc. and Harrisburg Lessee Seaplane Base DATE: LVI! ?/Z"Z DATE: EXHIBIT ???? ? ? Fx . ? PA Emergency Management Agency Ivan Flooding Situation Reports September 28, 2004, Situation Report #15 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY Situation Report #15 DR-1557, 1555 Joint Field Office (JFO) As of: 6:00 p.m., September 28, 2004 (New information in bold) DATE: September 28, 2004 SUBJECT: Hurricane Ivan INCIDENT SUMMARY: * The remnants of Hurricane Ivan passed through the Commonwealth on September 17th and 18th, dropping up to nine and one-half inches of rain. The National Weather Service confirmed that 8 F1 tornados touched down: 3 in Bedford, 2 in Juniata, 2 in Franklin, and 1 in Cumberland counties. There were 3 areas of "blowdowns" (straight-line winds funneled through terrain features) causing the loss of thousands of trees in Juniata, Bedford and Huntingdon counties. Historical flooding occurred in Williamsburg, Huntingdon County on the Frankstown Branch of the Juniata River and in Beech Creek Station, Clinton County on Bald Eagle Creek. Many streams overflowed their banks, forcing evacuations, interrupting utilities and blocking roadways. * There are 12 confirmed storm related fatalities. * President Bush approved Disaster # FEMA-1557-DR for Individual Assistance and limited Public Assistance. The included counties are: Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Bucks, Butler, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Cumberland, Dauphin, Fulton, Franklin, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder, Susquehanna, Tioga, Union, Washington, Wayne, Westmoreland, and Wyoming, York. * This brings the total of presidentially declared counties to forty-six. STATE GOVERNMENT PRIORITIES * Assist affected citizens to find all available assistance in returning to their homes and re-establishing their lives * Restore normal commerce throughout the state * Provide support to county & local municipal governments * Provide current and accurate disaster information and recommendations to the public STATE AGENCY ACTIONS * Governor Rendell declared a disaster emergency in the following forty-seven counties: Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Bucks, Butler, Cameron, Carbon, Centre, Clarion, Clinton, Clearfield, Columbia, Cumberland, Dauphin, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder, Somerset, Susquehanna, Tioga, Union, Washington, Wayne, Westmoreland, Wyoming and York. * The Governor had requested that the US Secretary of Agriculture provide Emergency Conservation Program funding to assist Pennsylvania's farmers. * Representatives from the Department of Environmental Protection regional offices continue to assist local water and sewer authorities to return to normal operations. * PEMA continues to coordinate with voluntary organizations that are engaged in a variety of victim support services. Volunteer Organizations Active in Disasters (VOAD) has staffed two Disaster Recovery Centers (DRCs) and is continuing to recruit and encourage participation at the other centers. * The Department of Health continues monitoring reports of hospital admissions and other treatment to identify potential disease outbreaks in addition to continuing to supply tetanus vaccine to counties for all emergency responders, upon request. * State Departments and Agencies conducted assessments of damage to their facilities and made provisions to continue normal services to citizens. * The Department of Labor and Industry continues coordination of Conservation Corps teams to assist with debris removal and flood clean-up. * The American Red Cross reported that all of their shelters were closed effective on September 25, 2004. * The Department of Health, through clinics, is continuing to provide tetanus immunizations to emergency responders and flood recovery workers when requested by County Emergency Management Agencies. * The activities of the Planning Section (ESF #5) within the State EOC have been secured and all duties have been transferred to the JFO Planning Section. As of 4 p.m. September 26, 2004 the State EOC has been returned to normal operations. COUNTY ACTIVITIES: * Emergency declarations were made by the elected officials in: Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Bucks, Butler, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Potter, Pike, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Union, Washington, Wayne, Wyoming, Westmoreland, and York. * Counties continue to support the establishment of disaster recovery centers. * All 46 counties filing emergency declarations have reported Public Assistance Damage. IMPACT ON INDIVIDUALS * Preliminary damage assessment is ongoing. To date the following have been identified: o 223 bridges damaged, 11 destroyed o 559 roads damaged, 6 destroyed o 133 water control facilities damaged, 9 destroyed o 125 Public Buildings damaged, 12 destroyed o 7 Pennsylvania Liquor Control Board retail stores damaged * The State Department of Education reported that nineteen school districts have damaged facilities. * Some local roadways remain closed. * The PUC reported that 2,500 customers remain without gas service. It may take 6-8 weeks until service is fully restored. * Water and Sewer systems o Although an estimated 33 have experienced flooded and/or damaged facilities, the majority of municipal water suppliers are providing treated water. There are numerous pressure and quantity problems and approximately 17 suppliers currently are under a boil water advisory o Most sewer systems are returning to normal operations. An estimated 53 facilities have been flooded and/or damaged. o 201 Utility systems damaged, 8 destroyed. PROJECTED STATE ACTIONS * The Department of Community and Economic Development is planning to provide temporary housing for victims, if federal funding becomes available. * The Department of Environmental Protection will continue to search for orphan drums and heating oil tanks, provide absorbent materials to fire departments, inspect high hazard dams on its watch list, provide residential well water test kits and instructions for disinfecting wells, and track status of flood impacted water treatment and sewage treatment plants. * The departments of Agriculture, Health, and Environmental Protection will collaborate to provide information detailing what to do to clean up homes, businesses and restaurants. * A total of thirteen Disaster Recovery Centers (DRCs) are schedule be opened to assist affected citizens. The first four DRCs were opened on Monday, September 27, in Allegheny, Blair, Northampton and Susquehanna counties. Four DRCs are scheduled to open on Tuesday, September 28, in Armstrong, Beaver, Dauphin and Washington counties. Two DRCs are scheduled to open on Wednesday, September 29, in Lycoming and Clearfield counties. Two DRCs are scheduled open on Thursday, September 30, in Luzerne and Columbia counties. The thirteenth DRC scheduled to open in Bucks County remains pending due to location approval. PEMA, the Departments of Aging, Agriculture, Community and Economic Development, Environmental Protection, Insurance, Health, Labor and Industry, Military and Veterans Affairs, Transportation and others will provide staff to the DRCs. * PEMA will develop a video explaining the Public Assistance application process, and will distribute forms through the county Emergency Management offices. * Public Assistance Preliminary Damage Assessment will begin on Wednesday, September 29, 2004. * Community outreach efforts include coordination with FEMA to establish better coverage for flood stricken counties. Community Relations teams have distributed information in twelve counties on September 28, 2004. In coordination with FEMA's Speaker's Bureau, staff will participate in an event in Harrisburg, Dauphin County, on the evening of September 29, sponsored by Mayor Stephen Reed. * The Joint Field Office (JFO) staff has begun processing payments for the Other Needs Assistance Program (ONA) of the Individual and Households Programs. * As of September 28, 2004, there were approximately 12,970 individual registrations for Hurricane Ivan for assistance. To date, almost $8.5 million of assistance has been approved for individuals. * The Pennsylvania Department of Public Welfare (DPW), Office of Mental Health and Substance Abuse Services is assisting 15 counties with crisis counseling program grant applications for nine crisis counseling programs; draft applications are anticipated by COB, September 28. DPW affirms this is the largest number of applications seen to date. * DPW is working to identify additional staffing needs for county and state Mental Health Response Teams (MHRTs) at the Disaster Recovery Centers (DRCs). State Mental Hospital MHRTs may be needed to supplement county MHRTs staffing the DRCs. DRC training is being provided to State Mental Hospital MHRT members. FEDERAL AGENCY ACTIONS * The disaster Joint Field Office for Hurricane Ivan opened at 7:00 a.m. on September 26, 2004, at 2801Valley Road, Harrisburg, PA 17110. It is staffed by federal and state employees. * FEMA has approved the Commonwealth's request to activate the Disaster Legal Services Program. Content Last Modified on 9/29/2004 6:22:42 AM G WORMLEYSBURG RIVERSIDE CITY ISLAND _ MAY 15 THRtJ OCr. 1. 2MI MAY 31 TfiRU OCT. 1. mu MAY 1 TNRU 04fT 13. 2004 DOCKAGE LEASE AGREEMENT All information must be tillod out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease. the boat will be pulled and you will not he allowed buc< in. This agreement made between_fL& H l loldirIgs, In p. and Harrisburg Seaplane Hasc hereinafter called Lesser, and named Lcssoc J&L-'ssq f ,,,,,jJ4omc Phone*. 0 _ ~ work Phone:-~ Emergency Add Phone' res s Boat Registrationl!Ij-?Q,L Mgr Boat Make_ Boat Year err. Length u7 Engine RP hngine Year-_ Engine Model _ Jet Ski Makc_ Jet Ski Registration # _ Providing for the rental of dock space for the berthing; of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract. depending on weather and river conditions. If boat is in the marina after the lease termination date. Lessee will be billed $10.00 per day as additional rental. Lessee agrees to pay unto the Lessor in consideration of the dock space furnished, the total sum of Si v." SLIP NUMBER- a i . Lessor agrees to furnish space at its docks for berthing of the ubnve vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she Is the owner of.the above-described boat. This contract becomes nnll and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners. 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to he tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition. Procure and keep in Torce the policy or Marine: Insurance providing adoquate coverage for hull protection and Indemnity, to moor and secure the ve!c•sel properly with a minimum of "" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner. avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the mtalmum standard in this contract. Lessee will be billed aecordingly. 7. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee: himself/herself. No work may be dour by an outside contractor without written permission from the Lessor. S. All pets shall be on a secured leash when at the marina Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks). 9. in an emergency situation, Lessor shall he permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. to. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism. or other events beyvnd the control of the Lessor. No refitnd5 will be given on dock space under any circurnstances. 11. Water skiing ur swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. 12. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action ap,Rlnst the Lessor on account of damage or loss rcgltrdless of how caused. It is understood between the parties that this Instrument Is soot a bailment or contract of wharfage- 13. No vessel shall be advertimed for salt in the marina. 14. Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Marina. One Primary Permit per vessel household will be issued. No trailers arc permitted un parking lot. Is. Lcssnr reserves the right to exclude those whose actions are offe naive to others. i_e.SSOr. 8&li 1 ii?1 :ngx. c. and Harrisburg Lcs ? •r Seaplane Rase On rr: DATE.. V140-1 cPnm : HSl3_SE-f LANET0N-PADPA PH01, E NO. : 7 1 7763025 1 Au q_ _ 17 2005 12: 35PM P2 c %V0RMI.FY-Sl31 w, CITY iSLAN'Li X MAY15T11Rt:(WI,1._'.'lii: M. AY 31T1IRII(X-'1-.1.2004 MA 1 tl(RIIt)(A.15.2(K)4 DOCKAGE LEASE AGREEMEN V All information (rust he lilted otit and lease must be signed or no slip will he given. Anv4Prlt: c:uoght in a slip without U signed lease, the hc,3t will be pulled acid you will not be allow4NI hack in. This agreement made between H & B HOldin s, t c. nd Harrisburg Seaplane Base hereinafter cniled 1_essor, and named Lessee &r, Awn -54 trtz: 836 - - Home Phone 1796-a-imr Work P nc s -37511' E.in c y Phone Address jr /- t' s ?? s /7o SS - Boat Rcgistratiunk PdSOS'G Boat ake tJ ()a( Ycarai13 Length_a?/f Engine HP ....-Engine Year Engine Model _ Jet Ski Makc Jet Ski Registration # _ Providing for the yenta! of dock space for the berthing of a boat owned by the Les_see for the 2004 docking se=son commencing on or about the specified date at the top of this contract, depending on weather and river conditions, if boat is in the marina after the lease termination date. Lessee will be billed $10.00 per day as additional rental. Lessee agrees to pay unto the Lessor in consideration of the dock space furnished. the total sum of 5_ k'oy.I3 SLIP NUMAi?R C - &_ I . Lessor agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or pertnit the use of his/her assigiecd dock spate- Lessee warrants that he/she Is the owner of the above-described boat. This contract becomes null and void if Lessee sells his/her vessel. We will not Ftuarantee your spot to the new owners. S. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, prcmcure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line,-and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly. 7. Lessee may work on his/her vessel in the ocarina as long as such work does not interfere with the rights or the right of way of outer Lessees or the operation of the marina as long as the work is performed by the Lessee himself/herself. No work may be done by an outside contractor without written permission from the Lessor- . All pets shall be on a secured leash when at the marina. Further. it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of bit/her pet as may occur cm the Lessors property (including docks). 4. In an emergency situation, Lessor shall be permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. 10. Lessor is not responsible for any damage or loss caused by changes in water levels. storms, floods. vandalibm, or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances. .11. Water skiing or (swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. 12. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or less regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage. 13. No vessel shall he advertised for sale in the marina. 14. Lessee trust display issued parking permit on vehicle when on marina properly. Due to space limitation, only one vehicle per bom is allowod in Marina. One Primary Permit per vessel household will be issued- No trailers are permitted on parking lot- 15. Lessor reserves the right to exclude those whose action are offensive to others. Lessor, B&B din nc. and Harrisburg Lessee Seaplane Base DATE: _ ??-/L° DATE: a 'POM : HSB_SEAPLPkETON-PADPA F"ONE NO. : 717763025t Auq. 17 20M 12:34PM Pt <441G l..f .?i...rr e .. WORMI I-) Sfit K(" ltlV!-.RSII-)V X CIT1' Itil A'til MAY 1, 111 RI; tK 1. 1. 4U)I MAN ;1 fffit(I (H T. 1.2pt?•1 M,XV 1 -1lt14t: 1 I? ?l)<11 DO("KA(;F LEASH ACiREI- iiN i' All information must he filled oaf and lease muNt be signt:d ur nv slip will he given. Any4atu caught in a slip without a yigneJ lea-4e, the hoat will he nulled and you will not I)4: allowed hack in. This agreement made between 9-;t B Holdings, inc. and Harrisburg Scapltlne Base hercinlltler caller} Lessor, and named Lessee , Home Phonc 6/ -4. ark Phone 157/ ?r+o Emergency Phone___,.La „3 -:3 7-S/S'-., Address_ Boat Registration# L l?Mak .Set., 7'x.2 % Boat Year 1?gS/I.r_nKth d Engine HP Engine Year _Engine Model Jet Ski Make Jet Ski Registration # _ Providing for the rental of dock spacc for the berthing of a boat owned by the Lesa:ee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions. If boat is in the marina after the least termination date., Lessee will be billed $10.00 per day as additional rental. Lessee agrees to pay unto the Lessor to sa rration of the dock-space furnished., the total sum o?'S_? .rV SLIP NUMBER /O~Jo J/3C?afr 76 S- is 1. L.cssnr agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to soft, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she is the owner of the above-described boat. This contract becomes null and void if Lessee sells hht/her vessel. We will not guarantee your spot to the new owners. 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina. in a competent and careful manner. avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to mest the minimum standard In this contract, Lessee will be billed accordingly. 7. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himf:elf/herself. No work may be done by an outside contractor without written permission from the Lessor. 8. All pets shall be on a secured leash when at the marina. Further, it is the pct owner's obligation and responsibility to clean up Immediately and dispose of excrement of his/her pet as may area on the Le,;sors property (including docks). 9. In an emergency situation, Lessor shall be permitted to move Lessee's boat- Lessee will be billed at the Lessor's prevailing rate for the services. 10. Lessor is not responsible for any damage or foss caused by changes in wutar levels, storms, floods. vandalism. or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances- 11. Water skiing or swimming from the dock or in the tnarion is expressly prohibited. Fite torches or such are prohibited also- 12. Dockage of said vessel Is at the risk of the Lessee and the Lcssce expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. it is undtrstood between the parties that this Instrument is not a bailment or contract of wharfage. 13: No vessel shall be advertised for sale in the marina. 14. Lessee must display issuldd parking permit on vehicle when on marina property. Due to space limitation. only. ortc vehicle per boat is allowed in Marina- One Primary Permit per vessel/ household will he issued. No trailers are permitted on parking lot. 15. Lessor reserbes the ri t to exclude those whose actions are off ve to others.. 01 lessor, B&13 old' gs, n . and Harrisburg Lessee Seaplane Base DATE ?I 1 DATE- / Jl(41q v _. /' _ WORMLEYSBIJRG RIVERSIDE CITY ISLAND MAY 15 THRU OCT. 1. 2004 MAY 31 THRU OCT. 1. 2004 MAY I THRU OCT. 15, 2004 DOCKAGE LEASE AGREEMENT All information must be filled out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease, the boat will be pulled and you will not be allowed back in. This agreement made between B & B Holdings, Inc. and Harrisburg Seaplane Base hereinafter called Lessor, and named Lessee 413 - 13 40, Home Phone S E c- 25-71 Work honed r? Emergency Phone,,, Address je,_ i,'stleG eu';^ 1?r.4'e 1? f? +??T/sic ;sue tf} j7G:16 Boat Registration# /',a 3 1. Boat Make Boat Year{,,, Length/ Engine HP Engine Year Engine Model Jet Ski Make Jet Ski Registration # Providing for the rental of dock space for the berthing of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions. If boat is in the marina after the lease termination date, Lessee will be billed $10.00 per day as additional rental. Lessee agrees to pay unto the Lessor inconsideration of the dock space furnished, the total sum of $ -S`C-i - - SLIP NUMBER /e '? br e-cz 7 ;Zz-.cam, 1. Lessor agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she is the owner of the above-described boat. This contract becomes null and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners. 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. 6. Lessee agrees to maintain his/her vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marine Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly. 7. Lessee may work on his/her vessel in the marina as long as such work does not interfere with the tights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himself/herself No work may be done by an outside contractor without written permission from the Lessor. 8. Ail pets shall be on a secured leash when at the marina. Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks)- 9. In an emergency situation, Lessor shall be permitted to move Lessee's boat- Lessee will be billed at the Lessor's prevailing rate for the services- 10. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor- No refunds will be given on dock space under any circumstances. It. Water skiing or swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. 12- Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage. 13. No vessel shall be advertised for sale in the marina. 14. Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Marina. One Primary Permit per vessel/ household will be issued. No trailers are permitted on p'ar' lot. 15. Lessor reserves the right to exclude those whose actions are ffe ive to others. ?/ Lessor, B&B Hol ings, c. and Harrisburg Lessee Seaplane Base DATE: DATE: 1"illtit ?? /i ' WORMLEYSBURG RIVERSIDE CITY ISLAND X MAY 15 THRU OCT. i. 2004 MAY 31 THRU OCT_ 1. 2004 MAY I THRU OCT. 15, 2004 DOCKAGE LEASE AGREEMENT All information must be filled out and lease must be signed or no slip will be given. Anyone caught in a slip without a signed lease, the boat,.vill be pulled and you will not be allowed back in. This agreement made between B & B Holdings, Inc. and Harrisburg Seaplane Base hereinafter called Lessor, and named Lessee G -i"? t, Home Phone G? - >?YWork Phone (9i Emergency Phone ?' 31e- x(57-7.s- Address 47 r-s Boat Registration# Boat Make Boat Year /?F Length 3o Engine HP Engine Year Engine Model Jet Ski Make Jet Ski Registration # Providing for the rental of dock space for the berthing of a boat owned by the Lessee for the 2004 docking season commencing on or about the specified date at the top of this contract, depending on weather and river conditions. If boat is in the marina after the lease tenmination date, Lessee will be billed S10.00 per day as additional rental- Lessee agrees to pay unto the Lessor in consideration of the dock space furnished, the total sum of u d ?? gin' SLIP NUMBER - / ? i . Lessor agrees to furnish space at its docks for berthing of the above vessel. 2. Lessor shall retain the right to designate dock space. 3. All dock space rent shall be payable in advance. 4. Lessee agrees not to sell, transfer, assign or permit the use of his/her assigned dock space. Lessee warrants that he/she is the owner of the above-described boat. This contract becomes null and void if Lessee sells his/her vessel. We will not guarantee your spot to the new owners. 5. Lessee can only dock said vessel that is on this agreement. No other boat or PWC is permitted to be tied to vessel. b_ Lessee agrees to maintain hisiber vessel in a safe and seaworthy condition, procure and keep in Force the policy of Marne Insurance providing adequate coverage for hull protection and Indemnity, to moor and secure the vessel properly with a minimum of 3/8" nylon line, and to Operate the vessel, when in the vicinity of Lessor's docks and marina, in a competent and careful manner, avoiding wakes and damage to the docks or other vessels. If Lessor has to change any lines on your boat to meet the minimum standard in this contract, Lessee will be billed accordingly. T Lessee may work on his/her vessel in the marina as long as such work does not interfere with the rights or the right of way of other Lessees or the operation of the marina as long as the work is performed by the Lessee himseif'herself. No work may be done by an outside contractor without written permission from the Lessor. 8. All pets shall be on a secured leash when at the marina. Further, it is the pet owner's obligation and responsibility to clean up immediately and dispose of excrement of his/her pet as may occur on the Lessors property (including docks). 9. In an emergency situation, Lessor shall be permitted to move Lessee's boat. Lessee will be billed at the Lessor's prevailing rate for the services. 10. Lessor is not responsible for any damage or loss caused by changes in water levels, storms, floods, vandalism, or other events beyond the control of the Lessor. No refunds will be given on dock space under any circumstances. 11. Water skiing or swimming from the dock or in the marina is expressly prohibited. Fire torches or such are prohibited also. 12. Dockage of said vessel is at the risk of the Lessee and the Lessee expressly waives any claims or causes of action against the Lessor on account of damage or loss regardless of how caused. It is understood between the parties that this instrument is not a bailment or contract of wharfage. 13- No vessel shall be advertised for sale in the marina. 14- Lessee must display issued parking permit on vehicle when on marina property. Due to space limitation, only one vehicle per boat is allowed in Marina- One Primary Permit per vessel/ household will be issued. No trailers are permitted on parking lot. . 15_ Lessor reserves the right to exclude those whose actions ar?epff?ennsive o others. Lessor, B&B H din , nc. and Harrisburg Lessee Seaplane Base DATE: V/// 14, DATE: it 1 C `f n ?-? ,, ,?,.} ?=;? -?, ? _ _ r,? ,: ._,? -? •. t ?:?? `.?? HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Justin S. Walker / Jennifer E. Thompson IDENTIFICATION NO. 23319 / 84194 / 203973 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD., SUITE 2000 PHILADELPHIA, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY Subrogee of Raymond C. Santana, Jr. Plaintiff, V. ' HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CASE NO: 05-2263 [LEAD CASE] [CONSOLIDATED WITH] 2005-2264 2005-3270 2005-3271 2005-3932 PRAECIPE LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. The matter to be argued before the court: Defendant's Motion for Summary Judgment filed with the court March 31, 2008. 2. Counsel for Plaintiff: Samantha Tran Estevez, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Counsel for Defendant: James W. Johnson, Esquire Justin S. Walker, Esquire Hollstein Keating Cattell Johnson & Goldstein, PC 1628 J.F.K. Blvd., Suite 2000 Philadelphia, PA 19103 W247.00088:JT0615 ) 3. I, Jennifer E. Thompson, Esquire, attest that I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: July 9, 2008 By: Date: May 9, 2008 Respectfully Submitted HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. Je Mfer E. Thomj? n, I.D. #203973 tt eys for Defendant Marine Properties, Inc. a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. (10247.00088JT0615) r,YJ ?p dim ` Z r r - E r n 5 ?; w. HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN P.C. BY: James W. Johnson / Justin S. Walker / Jennifer E. Thompson IDENTIFICATION NO.233 19 / 84194 / 203973 EIGHT PENN CENTER 1628 JOHN F. KENNEDY BLVD., SUITE 2000 PHILADELPHIA, PA 19103 Phone: (215) 320-3260 Fax: (215) 320-3261 Attorneys for Defendant Marine Properties, Inc. d/b/a Harrisburg Seaplane Base, improperly pled as Harris Marine, Inc. PROGRESSIVE NORTHERN INSURANCE COMPANY IN THE COURT OF COMMON PLEAS Subrogee of Raymond C. Santana, Jr. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION V. CASE NO: 05-2263 [LEAD CASE] [CONSOLIDATED WITH] HARRIS MARINE, INC., d/b/a 2005-2264 HARRISBURG SEAPLANE BASE 2005-3270 2005-3271 Defendant. 2005-3932 PRAECIPE LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please re-list the within matter, for the next Argument Court. The matter to be argued before the court: Defendant's Motion for Summary Judgment filed with the court March 31, 2008, previously scheduled for argument date of July 9, 2008 and postponed by counsel for Plaintiff. 2. Counsel for Plaintiff Samantha Tran Estevez, Esquire August J. Ober, IV, Esquire Weltman, Weinberg & Reis Co. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 { 10247.00088:JTI053 } Counsel for Defendant: James W. Johnson, Esquire Justin S. Walker, Esquire Hollstein Keating Cattell Johnson & Goldstein, PC 1628 J.F.K. Blvd., Suite 2000 Philadelphia, PA 19103 3. I, Jennifer E. Thompson, Esquire, attest that I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 Respectfully Submitted HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN, P.C. By: rpd r E. ThompsonLY.D. #203973 ys for Defendant Marine Properties, Inc. a arrisburg Seaplane Base, improperly pled as s Marine, Inc. Date: September 8, 2008 { 10247.00088:JT1053 } -? ??? ?r fi r-? .. . - r ;;-?; ? "?? . Q ? ? _? ? , ? AUGUST J. OBER, IV, Esquire Identification Number 94701 Weltman, Weinberg & Reis, Co., LPA 325 Chestnut Street Suite 501 Philadelphia, PA 19106 215-599-1500 Progressive Northern Ins. Co., a/s/o Raymond C. Santana, Jr. Attorney For Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Harris Marine, Inc. d/b/a Harrisburg Seaplane Base Consolidated at No. 05-2263 PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiff, by and through his attorney, August J. Ober, IV, Esquire, hereby avers the following in support of this Response to Defendant's Motion for Summary Judgment: Pursuant to Rule 1035.2, Summary Judgment shall not be granted when there is a genuine issue of material fact as to a necessary element of the Plaintiff's cause of action. 2. Here, Plaintiff's Insureds claim that Defendant took exclusive control of the respective boats on or about September 18 - 19, 2004. . 3. A bailment is created, contrary to the terms of the contract, when Defendant assumed control over the boats. See Taylor v. Phila. Parking Authority, 156 A.2d 525 (1959). 4. On or about September 18, 2004, Plaintiffs Insureds went to Defendant's Dock and observed Defendant's employees attempting to move the docked boats to a nearby piece of land that was situated on higher ground. Plaintiff s Insureds were informed by Defendant's employees that their boat could not be moved due to a lack of man-power. Thereafter, Plaintiff s Insureds moved their boats themselves to the aforementioned nearby piece of land. Defendant's employees then agreed to remove and secure the boats from the water, at which point Plaintiff s Insureds left the boats in the Defendant's possession and control. Thereafter, Defendant's employees allowed the boats to be swept back into the water, resulting in the damages sought in Plaintiff s complaint. 5. "One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other's reliance upon the undertaking." Restatement 2d, Torts § 323, cited in, Boyce v. United States Steel Corp., 285 A.2d 459 (1971). 6. Over the course of years leading up to September 18, 2004, Defendant has secured and/or stored Plaintiff's Insureds' boats during harsh weather and over the winter at the conclusion of the boating season. 7. A course of dealing is a sequence of previous conduct between parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their conduct. A course of dealing between parties gives meaning to or supplements their agreement. Restatement 2d, Contracts § 223. It is not required that a course of dealing be consistent with the meaning the agreement would have apart from the course of dealing. Restatement 2d Contracts § 223, comment. 8. Through Defendant's annual securing and storing of Plaintiff's Insureds' boats, a course of dealing was established by Defendant. Wherefore, for all of the above reasons, counsel respectfully requests that Defendant's Motion shall be denied. By: Aug?Ober, IV, Esquire Att ev for Plaintiff AUGUST J. OBER, IV, Esquire Identification Number 94701 Weltman, Weinberg & Reis, Co., LPA 325 Chestnut Street Suite 501 Philadelphia, PA 19106 215-599-1500 Progressive Northern Ins. Co., a/s/o Raymond C. Santana, Jr. V. Harris Marine, Inc. d/b/a Harrisburg Seaplane Base Attorney For Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Consolidated at No. 05-2263 CERTIFICATE OF SERVICE I, August J. Ober, IV, Esquire, hereby depose and state that a true and correct copy of the within Response to Defendant's Motion for Summary Judgment was forwarded to the following interested individual by first class United States mail postage pre-paid: HOLLSTEIN, KEATING, CATTELL, et al. Jennifer E. Thompson, Esq. 1628 JFK Blvd., Suite 2000 Philadelphia, PA 19103 WELTMAN, WEINBERG & REIS By: Aber, IV, E for Plaintiff Progressive Northern Ins. Co., a/s/o Raymond C. Santana, Jr. V. Harris Marine, Inc. d/b/a Harrisburg Seaplane Base ORDER CUMBERLAND COUNTY COURT OF COMMON PLEAS Consolidated at No. 05-2263 And now, this day of , 2008, upon consideration of Defendant's Motion for Summary Judgment and Plaintiff's Response thereto it is hereby ORDERED and ADJUDGED that Defendant's Motion for Summary Judgment is DENIED. BY THE COURT J. ? Y7 y y f p:. ITI ?ti7 "? PROGRESSIVE NORTHERN IN THE COURT OF COMMON PLEAS OF INSURANCE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA a/s/o Raymond C. Santana, Jr., PLAINTIFF V. HARRIS MARINE, INC., d/b/a HARRISBURG SEAPLANE BASE, DEFENDANT NO. 05-2263 CIVIL IN RE: SUMMARY JUDGMENT BEFORE OLER, JR., J., AND EBERT, J. ORDER OF COURT AND NOW, this 9th day of January, 2009, after careful examination of the Complaint in this matter, the Defendant's Answer thereto, the briefs filed by the parties and after argument, the Court finds that genuine issues of material fact do exist between the parties and accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion for Summary Judgment is DENIED. ZAugust J. Ober IV Esquire Attorney for Plaintiff 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 ? Jennifer E. Thompson, Esquire Attorney for Defendant Eight Penn Center 1628 John F. Kennedy Blvd., Suite 2000 Philadelphia, PA 19103 bas By the Court, VfNVAI&SfNN-?d AlNncr 11 :4 Wd 6- NV Ell J-ONC)?t Clod 3H1. '40-?MiLi WELTMAN, WEINBERG & REIS CO., L.P.A. BY: August J. Ober, Esquire Attorney for Plaintiff(s) I.D. No. 94701 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04179550 PROGRESSIVE INSURANCE COMPANY As Subrogee of RAYMOND C SANTANA JR CUMBERLAND County Court of Common Pleas vs. HARRIS MARINE, INC. DBA HARRISBURG SEAPLANE BASE NO. 05 2263 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended . WELTMAN, WEINBEbIBrEIS CO., L.P.A. By - August J. Ober, , Esqu Attorney r PI ntiff i ?.? I ft.. - I"'tl S NO DEC _' il2:!9