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HomeMy WebLinkAbout05-3126IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Salko Kudozovic CASE NO: O S - 312 Plaintiff, V. DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants. TYPE OF PLEADING: COMPLAINT IN CIVIL 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 Philadelphia, PA 19106 (215) 599-1500 W WR #04085197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Salko Kudozovic nn // Qs - ???L l Iu?l 'l CASE NO: Plaintiff, V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants. NOTICE TO DEFEND NOTICE 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: AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demanddeas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha dela demanda y la notificacion. Hace falta asentar una comparencia escrita o on persona o con on abogado y entregar a la corte on forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra soya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner 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 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 REFERENCE SERVICE 4TH Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Salko Kudozovic //]] y- CASENO: ©s-,31Z(o l".lu.C I?JL.Y? Plaintiff, ` V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants. COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendants jointly and severally. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Casualty Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Donald Young, is an adult individual who at all times pertinent hereto was acting as an agent, servant, workman and/or employee for Defendant, Budget Auto Center, Inc. with a place of business located at 319 South Yd Street, Lemoyne, Pennsylvania 17111. 3. Defendant, Budget Auto Center, Inc., is business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its places of business 319 South 3rd Street, Lemoyne, Pennsylvania 17043. 4. Progressive issued a policy of insurance where Progressive agreed to insure a 1999 Volkswagen Passat GLS ("Insured Vehicle"), owned by Plaintiffs insured. 5. On or about October 30, 2003 the motor vehicle owned by Defendant, Budget Auto Center, Inc., and operated by Defendant, Donald Young, did negligently, carelessly and/or recklessly collide with the Progressive Insured's vehicle at or near Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 6. At all times material hereto Defendant, Donald Young, was acting individually and/or as the agent, servant, workman and/or employee of Defendant, Budget Auto Center, Inc., and in the course and scope of his employment with the express and/or implied permission of Defendant, Budget Auto Center, Inc.. 7. As a direct and proximate result of Defendants' negligence, the Progressive's Insured vehicle sustained property damage and rental charges in the amount of $4,289.63. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $3,339.63 for property damage to the Insured vehicle. A true and correct copy of the payment and damage documentation is attached hereto and marked as Exhibit "1", 9. The insured also sustained damages of $500.00 representing her deductible. 10. Pursuant to the terms and conditions of the insurance policy, Progressive also paid rental charges incurred on behalf of their Insured in the amount of $450.00. A true and correct copy of the payment documentation is attached hereto and marked as Exhibit "2". 11. 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 Defendants. 12. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendants the sum of $4,289.63, 13. 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 Defendants jointly and severally the amount of $4,289.63 plus interest and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WERQ$IEW Ik REIS, CO., L.P.A. Michael J. ou erty, I PA I.D. 7604 325 Chestnu treet Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR#04085197 Date: Estimate ID: Estimate Version: Committed Profile ID: PROGRESSIVE Damage Assessed By: LICENSE #133768 STEVE TATERUS Claim Rep: STEVE TATERUS (717) 791-5146 Product Type Auto Date of Loss: 10130/03 Deductible: 500.00 Claim Paid: Y Policy No: 60312892-002 Claim Number: 03-1727156-01 Insured: SALKO KUDUZOVIC Address: 2 MARSHALL DR. APT K4 CAMP HILL, PA 17011 Telephone: Home Phone: (717) 732-2309 Mitchell Service: 913368 10/31103 04:13 PM 03-1727156-01 0 Mech:all part types Description: 1999 Volkswagen Passel GLS Vehicle Production Date: 3199 Body Style: 4D Sed Drive Train: 1.BL Turbo Inj 4 Cyl 5A VIN: WVWMA63B0XE518329 License: FDT8684 PA Mileage: 43,729 OEM/ALT: A Search Code: MECHANICSI Color: SILVER Options: ALUM/ALLOY WHEELS, AIR CONDITIONING, POWER STEERING, POWER WINDOWS POWER DOOR LOCKS, TILT STEERING WHEEL, CRUISE CONTROL, ELECTRIC DEFOGGER AUTOMATIC TRANSMISSION, AM-FM STEREO/CDPLAYER(SINGLE), PASSENGER-FRONT AIR BAG 4-DOOR, DRIVER-FRONT AIR BAG Line Item Entry Number Labor Type Operation Line Item Description Part Type/ Part Number Dollar Amount Labor Units WHEEL 1 302957 BDY REMOVEIREPLAC£ WHEEL Used/Recycled 35.00' 0.3 2 250 AUTO 800-334-9811 QUOTE#387323 3 LINE MARKUP %25.00 8.75 4 303214 BDY REMOVEIREPLACE WHEEL COVER 3BO 601147D FED 48.75 REAR DOOR 5 302164 BDY REMOVE/REPLACE L REAR DOOR SHELL 3B5 833 051 K 427.80 4.5 6 REF REFINISH L REAR DOOR OUTSIDE C 2.0 7 REF REFINISH L REAR ADD FOR JAMBS & INSIDE C 1.0 8 302272 BDY REMOVE/REPLACE L REAR OTR DOOR HANDLE ASSY 3130 837 207 G GRU 36.85 INC # 9 REF REFINISH L REAR OTR HANDLE C 0.4 QUARTER PANEL 10 302419 BOY REPAIR L SIDE BODY PANEL ASSEMBLY Existing 6.0'# 11 REF REFINISH L SIDE BODY PANEL C 3.4 12 302431 BDY REPAIR L REAR OTR QUARTER WHEELHOUSE PANEL Existing 1.5`# REAR SUSPENSION 13 302747 MCH REMOVE/REPLACE L REAR SUSP SHOCK ABSORBER -M 3B5 513 031 B 140.15 1.6 # REAR BUMPER 14 302903 BOY REMOVE/INSTALL REAR BUMPER ASSY 0.6 15 302905 BDY REPAIR REAR BUMPER COVER Existing 1.0' 16 REF REFINISH REAR BUMPER COVER C 2.0 17 302920 BOY REMOVE/REPLACE L REAR BUMPER GUIDE 365 807 393 A 9.50 18 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 3.00' ADDITIONAL OPERATIONS 19 REF ADD'L OPR CLEAR COAT 2.4 20 ADO'L COST PAINT/MATERIALS 201.60' 21 900500 FIRM " ALIGN STRUCTURAL / REPAIR / PULL Existing 2.0' ESTIMATE RECALL NUMBER: 10131103 16:13:47 03-1727156-01 UltraMate is a Trademark of Mitchell International Mitchell Data Verston: OCT_03_A Copyright (C) 1994 - 2002 Mitchell International Page 1 of 4 UltraMate Ve rsion: 4.8.012 All Rights Reserved 22 23 900500 BDY' 24 900500 MCH' 25 900500 BIDS ' 26 900500 REF' PULL TIME IS FOR LEFT QTR PANEL REMOVE/REPLACE 4 WHEEL ALIGNMENT REMOVEIREPLACE MOUNT & BALANCE ALIGN CAR COVER MANUAL ENTRIES REMOVE/REPLACE FLEX ADDITIVE - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Add'I Labor 1. Labor Subtotals Body Bdy-S Refinish Frame Mechanical Units Rate Amount 13.9 40.00 0.00 0.3 40.00 0.00 11.2 40.00 0.00 2.0 42.00 0.00 1.6 42.00 0.00 Taxable Labor Sublet Amount 0.00 3.00 0.00 0.00 0.00 Labor Tax @ 6.000 % Labor Summary 29.0 III. Additional Costs Taxable Costs Sales Tax @ 6.000% Total Additional Costs Date: 10131103 04:13 PM Estimate ID: 03-1727156-01 Estim ate Version: 0 Committed Profile ID: Mech:all part types Sublet 59.99' 0.0' Sublet 8.00' 0.0' Sublet 3.00' 0.3' Sublet 8.00' 0.0' Totals II. Part Replacement Summary 556.00 T Taxable Parts 15.00 T Parts Adjustments 448.00 T Sales Tax @ 84.00 T 67.20 T Total Replacement Parts Amount 1,170.20 70.21 1,240.41 Amount IV. Adjustments 204.60 Insurance Deductible 12.28 Customer Responsibility 216.88 8.75 6.000% 46.97 829.76 Amount 500.00- 500.00- 1,240.41 829.76 216.88 2,287.05 500.00- 1,787.05 1. Total Labor: it. Total Replacement Parts: III. Total Additional Costs: Gross Total: IV. Total Adjustments. Net Total: Point(s) of Impact 8 Left Rear Side (P) Inspection Date: 10/31103 ESTIMATE RECALL NUMBER: 10131103 16:13:47 03-1727156-01 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_03_A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.012 All Rights Reserved Page 2 of 4 Date. Estimate ID: Estimate Version: Committed Profile ID: 10131103 04:13 PM 03-1727156-01 0 Mech:all part types 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 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 The replacement parts written on the estimate are intended to return your vehicle to its pre-loss condition with proper installation. After repair, if any sheet metal or plastic body part included in the estimate fails to return your vehicle to its pre-loss condition (assuming proper installation), in terms of form, fit, finish, durability or functionality, Progressive will arrange and pay for the replacement of the part, to the extent not covered by a manufacturer's or other warranty. This service will be performed at no cost to you (including associated repair and rental car costs). To obtain service under this Guarantee, call Progressive at 1-800-274-4641. This Guarantee applies as long as you own or lease the vehicle. This Guarantee is not transferable and terminates if you sell or 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 THAT WILL RETURN YOUR VEHICLE TO ITS PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION OR USE OF THESE PARTS. ** PART TYPE TERMS AND ABBREVIATIONS ** NEW AND OEM OR PART NUMBER DISPLAYED -- THESE REFER TO A NEW, ORIGINAL EQUIPMENT MANUFACTURER PART. NON-OEM AND A/M AND QUAL REPL -- THESE REFER TO AN AFTER-MARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANUFACTURER PART. USED/RECYCLED AND LKQ -- THESE REFER TO A USED OEM PART. REMANUFACTURED AND RECOND. AND RECORE -- THESE REFER TO USED/RECYCLED ESTIMATE RECALL NUMBER: 1013110315:13:47 03-1727156-01 UltraMate is a Trademark of Mitchell International Mitchell Data Version: OCT_03_A Copyright (C) 1994 - 2002 Mitchell International Page 3 of 4 UltraMate Version: 4.8.012 All Rights Reserved OEM PARTS THAT HAVE BEEN REFURBISHED. Date'. Estimate ID: Estimate Version: Committed Profile ID: 10131103 04:13 PM 03-1727156-01 0 Mech:all part types 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.*** MISC. PROGRESSIVE WILL ONLY BE RESPONSIBLE FOR ADDITIONAL &4?R? NDLING CHARGES WHEN WARRANTED UP TO TWO DAYS P T ISAL HA DATE IN BOTH REPAIRABLE AND TOTAL LOSS SITUATION . 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 air bags have deployed. Dual-stage air 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 MITCHELL® AIR BAG SERVICE & REPAIR MANUAL, or OEM information. ESTIMATE RECALL NUMBER: 10131103 16:13:47 03-1727156-01 Ultra Mate is a Trademark of Mitchell International Mitchell Data Version: OCT_03_A Copyright (C) 1994 - 2002 Mitchell International Page 4 of 4 UltraMate Version: 4.8.012 All Rights Reserved age: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N DEC 01 04 - 10:42 OPID: TXP0043 CLAIM PAYMENT INQUIRY TERMID: VT610116 INSD. KUDUZOVIC, SALKO POL: 60 312892-2 DOL : OCT 30 03 PA-HARRIS-BRN- CLM: 031727156 ACTIVE REP: D ABELE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,552.58 LINE 1: SALKO KUDUZOVIC AND LINE 2: VICTORY AUTO GROUP ONLY LINE 3: ADDRESS: 2 MARSHALL DR. APT K4 CITY: CAMP HILL ST/PR* PA ZIP/CPC: 17011 CNTRY* USA IN PAYMENT OF: SUPPLEMENT-99 PASSAT 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SAT0010 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: S TATERUS BANK CODE* AS2 ISSUE DATE NOV 10 03 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 431549184 REVIEWED BY: COMMAND: Date: 12/01/2004 Time: 10:43:06 AM ague: 2 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N DEC 01 04 - 10:42 OPID: TXP0043 CLAI M PAYMENT INQUIRY TERMID: VT610116 INSD:, KUDUZOVIC, SALKO POL: 60 312892-2 DOL : OCT 30 03 PA-HARRIS-BRN- CLM: 031727156 ACTIVE REP: D ABELE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,787.05 LINE 1: SALKO KUDUZOVIC AND LINE 2: CORNERSTONE FED. C.U ONLY LINE 3: ADDRESS: 2 MARSHALL DR. APT K4 CITY: CAMP HILL ST/PR* PA ZIP/CPC: 17011 CNTRY* USA IN PAYMENT OF: COLL DMG-99 PAS SAT LESS $500 DED 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SAT0010 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: S TATERUS BANK CODE* AS2 ISSUE DATE OCT 31 03 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 431352010 REVIEWED BY: COMMAND: Date: 12/01/2004 Time: 10:43:06 AM . ARMS - Automated Rental Management System (Patent Pending) III PROGRESSIVE INS Pagel of 2 Automated Rental Manag 11/ Create A Find A Action Items I Completed Actions I Reports Administ Reservation Customer Office: 30272 MECHANICSBURG PA Assigned to: Yourself Invoicing. for KUDUZOVIC,SALKOClaim No.031727156 INDIVIDUAL PAYMENT Make payment to: ENTERPRISE RENT-A-CAR (5799) 3 CROSSGATE DRIVE STE 201 MECHANICSBURG, PA 170502459 Federal ID: 52-1690665 Check Number for your payment Total Charges: Less Amount Recei Total Amount Due Please include on your check: Invoice Number: D163 F Print Rental History too Use the "'Print"' button from your browser after clicking the Print Statemenf" button RENTAL: Rental Branch Location: ENTERPRISE RENT-A-CAR (5713) 3401 HARTZDALE DRIVE CAMP HILL, PA 170117200 (717) 975-5586 INVOICE: Invoice Number: D163665-5713 Invoice Date: 11/15/03 CLAIM: Renter: KUDUZOVIC, SALKO Claim Number: 031727156 Claim Type: Insured Vehicle Condition: Date of Loss: Insured Name: NOTEBOOK: IZI?I f!f_l BILLING DETAIL: Authorized Policy Daily Rate/ Maximum Dollars: 0.00/0.00 Days: Rate: Direct Bill Percent Total Authorized: -Policy Limit Actual Rental Rental Period: 10/31/03 to 11/14/03 (15 days) Billed Period: 10/31/03 to 11/14/03 (15 days) Actual Days: 2 DAYS @ 26.99 13 DAYS @ 26.99 2 DAYS DW @ 11.99 2 DAYS PAI @ 3.00 15 TRANSTAX 2.00 1 SALES TAX% 8.00 Direct Bill Percent Total Charges: Amount Received: Total Amount Due: https://www.enterprise.com/armsweb/handleitem?actionltenilndex=5 11/19/03 ARMS - Automated Rental Management System (Patent Pending) Page 2 of 2 NOTEBOOK: 11/15/03 7:00 AM R - Invoice received for an amount due of $467.24 11114/03 126 PM R - Ticket 163665 closed on 11114103 at 422 PM. 11/6/03 8:52 AM S - Last Day Set - Other - Please supply your reason 1116/03 8:52 AM S -- ANTICIPATED RPR COMPLETION DATE 11/6/03 8:52 AM S - Last authorized day will be 11/14/03. 11/6/03 8:52 AM S - LAST DAY OF RENTAL SET BY TATERUS, STEVE at 8:52 AM. 10/31103 3:42 PM R - Ticket 163665 opened on 10131103 at 4:31 PM. 10/31/03 2:08 PM S - Authorization sent at 2:08 PM for 8 days at $28.991day. 10/31/03 2:08 PM S - Authorized by TATERUS, STEVE. 10/31/03 2:08 PM S - Direct Bill Authorization set at 100 % 10/31/03 2:08 PM S - INSURE HAS $30/DAY CVG, ALSO HAS COMP+COLL ON 10/31/03 2:08 PM S - POLICY $500 DED 10/31/03 2:07 PM R - Authorization confirmed by Enterprise at 2:07 PM. 10131103 2:07 PM R - Reservation number 783756. S= Sent, R= Received, N= Note To Self All times are in EST Releet 11, flay Mow - Top_Of_Pago Contact Us I Terms and Conditions I Sign Out Q Copyright 200 https://www.enterprise.com/armsweb/handleitem?actionltemindex=5 11/19/03 age: 3 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N DEC 01 04 - 10:43 OPID: TXP0043 CLAIM PAYMENT INQUIRY TERMID: VT610116 INSD: KUDUZOVIC, SALKO POL: 60312892-2 DOL : OCT 30 03 PA-HARRIS-BRN- CLM: 031727156 ACTIVE REP: D ABELE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 450.00 LINE 1: ENTERPRISE RENT A CAR INC. (ONLY)************** ************* LINE 2: LINE 3: ADDRESS: 3 CROSSGATE DR STE 201 CITY: MECHANICSBURG ST/PR* PA ZIP/CPC: 17050 CNTRY* USA IN PAYMENT OF: DIRECT BILLING - D163665-5713 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SAT0010 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: S TATERUS BANK CODE* AS2 ISSUE DATE NOV 19 03 APPROVED BY: STATE * PA AREA * 252 REVIEW DATE: 00 00 STOP RSN * DRAFT # 431732949 REVIEWED BY: COMMAND: Date: 12/01/2004 Time: 10:43:06 AM 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 ft Date 0 1 V I a C7 :? O IA _ Of ;, m Tai C P u ?? n..) G C7 { -L G? F?; 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 # 04085197 PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Salko Kudozovic Cumberland County Court of Common Pleas vs. DONALD YOUNG AND BUDGET AUTO CENTER NO. 05-3126 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Civil Action in the above-captioned matter. WELTMAN, WEINBE REIS CO., L.P.A. By Attorney for , Esquire °o -yy ;tf 3 C? ea+ ? ? ? ? ", "? T ?` ? { P.O. Box 431 319 South Third Street Letnoyne, PA 17043 E-mail- MIchae1LCoons@aoLcoro September 15, 2005 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANY, Subrogee of Salko Kudozovic Plaintiff Vs CASE NO: 05-3126 DONALD YOUNG and BUDGET AUTO CENTER, INC. ll ms wGYS Defendatds I, Michael L Coons, of Budget Auto Center, Inc, would like to enter a defense in the above referenced case. The following are answers to the complaint filed by the Plaintiff; 1. Unknown 2. Unknown 3. Correct 4. Unknown 5. Denied, No information provided to attest to the driving manor, or what vehicle was driven. 6. Denied, Unknown if Donald Young was acting at the time of the accident m the capacity of an employee of Budget Auto Center, Inc. There is no information in the complain as to what he was driving, or who owned it. 7. Denied 8. Unknown 9. Unknown 10. Unknown 11. Unknown 12. Denied 13. Denied I respectfully ask that the Court dismiss this claim. There has been no evidence produced that Budget Auto Center, Inc, owned the vehicle that was involved in the accident, nor has there been information forwarded to us as to the type, make, model or VIN of the vehicle they allege was owned by Budget Auto Center Iinc, and involved in the accident. c? ? o c o o cn C?lia"' rni7 M ITIT F? N b O U r - kD a? 01 Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Defendant Budge Auto Center, Inc. 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 PROGRESSIVE CASUALTY INSURANCE COMPANY, SUBROGEE OF SALKO KUDOZOVIC Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-3126 Civil Term DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants TYPE OF PLEADING: ANSWER TO COMPLAINT IN CIVIL ACTION ANSWER AND NOW comes Defendant Budget Auto Center, Inc. ("Budget"), by and through its attorneys the Law Offices of Leslie David Jacobson and hereby files the following Answer to Plaintiffs Complaint and in support thereof states as follows: 1. Admitted on information and belief. 2. Admitted in part and denied in part. It is admitted that Defendant Budget's place of business is located at 319 South 3rd Street, Lemoyne, Pennsylvania 17111. It is denied that Defendant Donald Young ("Mr. Young") who at all times pertinent hereto was acting as an agent, servant, workman and/or employee for Budget. 3. Admitted. 4. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to from a belief as to the veracity of the averment. 5. Denied. It is denied that on or about October 30, 2003 the motor vehicle owned by Budget and operated by Mr. Young, did negligently, carelessly, and/or recklessly collide with the Progressive Insured's vehicle at or near Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 6. Denied. It is denied that at all times material hereto Mr. Young was acting individually and/or as the agent, servant, workman and/or employee of Budget, and in the course and scope of his employment with the express and/or implied permission of Budget. 7. Denied. It is denied that as a direct and proximate result of Defendants' negligence, the Progressive's Insured vehicle sustained property damage and rental charges in the amount of $4,289.63. 8. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to from a belief as to the veracity of the averment. 9. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to from a belief as to the veracity of the averment. 10. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to from a belief as to the veracity of the averment. 11. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to from a belief as to the veracity of the averment. 12. Denied. It is denied that pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendant the sum of $4,289.63. 13. Denied. It is denied that 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. 2 WHEREFORE, Defendant Budget Auto Center, Inc. respectfully requests this honorable court enter judgment in favor of Defendant and against Plaintiff. THE LAW FFICES OF LESLIE DAVID JACOBSON l Dated: January 6, 2006 lie D. Jacobson D# 52673 8150 Derry Street Harrisburg, PA 1711 717.909.5858 FAX: 717.909.7788 Attorney for Defendant Budget Auto Center, Inc. VERIFICATION 1, Michael L. Coons, Officer of Budget Auto Center, Inc., do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: January 5, 2006 By: Mfc ael`h. Coons PROGRESSIVE CASUALTY INSURANCE COMPANY, SUBROGEE OF SALKO KUDOZOVIC Plaintiff Vi. DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-3126 Civil Term TYPE OF PLEADING: ANSWER TO COMPLAINT IN CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 6`h day of January, 2006, 1, Chad Julius, legal assistant at the Law Offices of Leslie D. Jacobson, attorney for the Defendant Budget Auto Center, Inc., hereby certify that on this day I served the within Answer upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Michael J. Dougherty, Esquire WELTMAN, WEINBERG & REIS, CO., L.P.A. 325 Chestnut Street, Ste. 1120 Philadelphia, Pa 19106 LAW OFFICES OF LESLIE D. JACOBSON By: Chad Julius, Le Assistant 8150 Derry Street, Harrisburg, PA 17111.5260 PHONE: 717.909.5858 4 Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Defendant Budge Auto Center, Inc. 8150 Deny Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 PROGRESSIVE CASUALTY INSURANCE COMPANY, SUBROGEE OF SALKO KUDOZO V IC Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-3126 Civil Term DONALD YOUNG and BUDGET AUTO CENTER, INC. Defendants TYPE OF PLEADING: ANSWER TO CROSS-COMPLAINT IN CIVIL ACTION DEFENDANT'S ANSWER TO THE CROSS-COMPLAINT OF DONALD YOUNG AND NOW comes Defendant Budget Auto Center, Inc., by and through its attorneys the Law Offices of Leslie David Jacobson and hereby files the following Answer to the Cross- Complaint of Donald Young, and in support thereof states as follows: 14. Denied. It is denied that at all times relevant hereto, Defendant Donald Young was an agent, employee, servant or workman of Defendant Budget Auto Center, Inc., and that Defendant Donald Young was acting in the scope of his employment. 15. Denied. It is denied that as such agent, employee, servant or workman, Defendant Donald Young is entitled to be defended by Defendant Budget Auto Center, Inc., and said Defendant Budget Auto Center, Inc., is liable for any damages obtained by Plaintiff against Defendant Donald Young, either on a theory of agency directly, or by indemnification. WHEREFORE, Defendant Budget Auto Center, Inc. respectfully requests this Honorable Court enter judgment in favor of Defendant against Donald Young and to dismiss the Cross- Complaint. THE LAW;®FFICES OF LESLIE DAVID JACOBSON Dated: March 1. 2006 eslie D. Jacobson D# 52673 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 Attorney for Defendant Budget Auto Center, Inc VERIFICATION I, Michael L. Coons, Officer of Budget Auto Center, Inc., do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: a/2?? v / By: M? M ae1IL-'Coons PROGRESSIVE CASUALTY INSURANCE COMPANY, SUBROGEE OF SALKO KUDOZO V IC Plaintiff V. DONALD YOUNG and BUDGET AUTO CENTER, INC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-3126 Civil Tenn TYPE OF PLEADING: ANSWER TO CROSS-COMPLAINT IN CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this Is` day of March, 2006, I, Chad Julius, legal assistant at the Law Offices of Leslie D. Jacobson, attorney for the Defendant Budget Auto Center, Inc., hereby certify that on this day I served the within Defendant's Answer to the Cross-Complaint of Donald Young upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Eugene R. Campbell, Esquire 2205 East Market Street York, Pa 17402 Michael J. Dougherty, Esquire WELTMAN, WEINBERG & REIS, CO., L.P.A. 325 Chestnut Street, Ste. 1120 Philadelphia, Pa 19106 LAW OFFICES OF LESLIE D. By: ( /- v . f / v Chad Julius, Legal'Assistan 8150 Derry Street, Harrisburg, PA 1711 1.5260 PHONE: 717.909.5858 ?.> _. ,,. PcooceSS'% v e. ` QSlla 1_? Su? ve. ,TY\s uL f`0.v,Cf- C? U?yl 0? Sc411C n K u A o-ZoU C_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. `3 I A (D 20 O S V. D O n a l d ??u n 9 c?c?ef : Au ?o RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: M 1 G6aet .I • ZD?c e6 , counsel for the plainti defendant in the above action (or actions), respectfully represe is that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ q, 9 ?O 3 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: h,?r WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully su tted, ORDER OF COURT AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, GEORGE E. HOFFER, P.J. 040'b5)17 s?_ J PC0(yeSStVe- TC( uCC1.MC2 (??b 0? So C OSLta 1-? ??//CompaAy, .SuLroyre, huA©Z outc- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 31a.(p 20 OS V. Dona `gnu ny ar ?+dGje? X, , n le RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: M1G+r\ae? ?. het counsel for the plainti defendant in the above action (or actions), respectfully represelitsstthat: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S y .1? 7. ? 3 The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully su tted, ORDER OF COURT AND NOW, , 1 a 200 ? , in consideration of the fo egoing petition, Esq., and W Esq., and Esq., are a pointed arbitrators in the above captioned action (or action as prayed for. By the rt, 1 rF arF -^-??J. 04 0 cb 5117 o? JJ a/?B \ Q? l c ",ire c 1 _ 1 r p? -/? i W y< ?I :h Ild a i Mqgood 7l I ! ? .I??lid PROGRESSIVE CASUALTY INSURANCE COMPANY, PLAINTIFF V. DONALD YOUNG AND BUDGET AUTO CENTER, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3126 CIVIL TERM ORDER OF COURT AND NOW, this k1 day of May, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Carol J. Lindsay, Esquire, Chairman, shall be paid the sum of $50.00. ? `'arol J. Lindsay, Esquire Court Administrator :sal a? M By the Cou Edgar B. Bayley, A60 "., Olt d > C C=3 y `1 N v WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Samantha Tran Estevez, Esquire Attorney for Plaintiff(s) I.D. No. 89204 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04085197 PROGRESSIVE INSURANCE CO. CUMBERLAND County Court of Common Pleas vs. DONALD F YOUNG NO. 05 3126 CIVIL TERM ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended. WELTMAN, WEINBERG & REIS CO., L.P.A. By Saman a ran Estevez, Esq re Attorney for Plaintiff O 4;° ...a cA s ,?-. n _ r?: ? :`? L ' ` `+ ? > ; C .? ? -?