HomeMy WebLinkAbout05-5526IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PROGRESSIVE NORTHERN INSURANCE COMPANY,
Subrogee of Stella Rowland
Plaintiff,
V.
CASE NO: O S - S S?? L;. Jyl
TYPE OF PLEADING: 1
COMPLAINT IN CIVIL ACTION
WAYNE KELLER
Defendant.
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 #04513187
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PROGRESSIVE NORTHERN INSURANCE COMPANY,
Subrogee of Stella Rowland
CASE NO:
Plaintiff,
V. TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
W AYNE KELLER
Defendant.
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 venue (20) dial de plazo al partir de la
fecha dela demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con
un abogado y entregar a la corte en forma escrita
sus defensas o sus objeciones a las demandas en
contra de so persona. Sea avisado que si usted no
se defiende, la torte tomara medidas y puede
continuar la demanda en contra soya sin previo
aviso o notification. Ademas, la torte puede
decidir a favor del demandante 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 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 Stella Rowland
Plaintiff,
CASE NO: vS SS'-76
V. TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
WAYNE KELLER
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 Northern Insurance Company ("Progressive"), is a corporation with a
registered office located at P.O. Box 43258, Richmond Heights, Ohio.
2. Defendant, Wayne Miller, is an adult individual who at all times pertinent hereto resided at 99
Wolf Bridge Road, Carlisle, Pennsylvania and was the owner of the garage located at 19 Gasoline Alley, Carlisle,
Pennsylvania where the Plaintiff Insured's vehicle was stored.
3. Progressive issued a policy of insurance where Progressive agreed to insure a 1989 BMW
("Insured Vehicle"), owned by Plaintiff's insured.
4. On or about March 15, 2005 the Plaintiff Insured's vehicle was parked at the premises owned by
Defendant located at 19 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania and was at all times under the
Defendant.
care, custody and/or control of Defendant.
5. While the Plaintiff Insured's vehicle was under the care, custody and/or control of Defendant, the
Plaintiff Insured's vehicle was destroyed by fire.
6. Defendant is liable to Plaintiff for all damages sustained by Plaintiff due to Defendant's negligence
and/or carelessness which consisted, inter alia, of failing to have proper security at its facility; failing to adequately
insure the safety of the Plaintiff Insured's vehicle; permitting the Plaintiff Insured's vehicle to be damaged; failing
to maintain the wiring at the facility; and, failing to keep a proper lookout for the safety and security of the Plaintiff
Insured's vehicle.
7. As a direct and proximate result of Defendant's negligence, the Progressive's Insured vehicle
sustained property damage in the amount of $4,610.57.
8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of
$4,360.57. A true and correct copy of the payment and damage documentation is attached hereto and marked as
Exhibit "1".
9. The Plaintiff's 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 Defendants.
11. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from
Defendants the sum of $4,610.57.
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 Defendants jointly and severally the amount of
$4,610.57 and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE
USED FOR THAT PURPOSE.
Respectfully
WELTMAN, WXI$BERG & REIS, CO., L.P.A.
Mi6haeL"J. Dougherty, Esquire
PA I.D.1# 76046
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
(215) 599-1500
WWR#04316141
EXHIBIT I
Vehicle Appraisal Report
Date: 03/2512005 4:02:36 PM
Owner Name: LEE ROWLAND
State: PA - Pennsylvania
Vehicle Year: 1989
Make: BMW Model: 5351
Vehicle VIN: WBAHD2318KBF61741
A74s,7MVIF .
4000 CRUMS MILL RD, STE 201, HARRISBURG, PA 17112
717-540-2551
Prepared By: DOUGLAS J. MOORE # 252395
Claim Number: 05-5634845-01
Date of Loss: 0 3/1 812 0 0 5
Policy Number: 55595009-5
Insured Name: STELLA ROWLAND
To determine the ACV(Actual Cash Value) of your vehicle, we will:
1. Prepare the retail Valuation Report
The N.A.D.A. Official Used Car Guide@ and NMR Blue Book@ provide a " Retail Value " for vehicles of the same year,
make and model as your vehicle. The value is based on a vehicle in clean, dealer-ready condition. The retail value
also takes into consideration the options, trim level package and mileage on your vehicle. Only the options listed
in those guides that affect value are shown in the Valuation Report. You should know that the guide editors believe
that most optional equipment has little or no value on older vehicles, especially if the optional equipment was
inexpensive or tends to deteriorate with age or use. We take the average of the two retail values, as mandated by
state law, and provide you with a detailed copy of the Mitchell Valuation Report.
2. Adjust the average retail value by the amount needed to bring your vehicle to the retail standard
The retail value does not take into consideration your particular vehicle's condition, unrepaired prior damage or
excess wear and tear. We will itemize and estimate the cost of repairs and work that would make your vehicle comparable
to the retail standard assumed by the N.A.D.A. Official Used Car Guide@ and NMR Blue Book®. Progressive does not add
or subtract for generalized "dealer prep" or reconditioning charges as part of the adjustment. There is no absolute
value for a particular vehicle. We may ask you to provide information about the vehicle that's not readily apparent by
inspecting it, such as general maintenance and repair history, whether you are the original owner, title history and
title status (such as clean or rebuilt salvage).
3. Include the value of extraordinary refurbishments or repairs
Vehicles in exceptionally clean condition may appraise at higher than retail value. We also consider the cost and value
of recent refurbishments. In general, though, refurbishment or recent replacement of maintenance type items do not increase
the value of the vehicle, because those items are assumed in the retail value; they are expected to be in place and in
good condition when a vehicle is sold.
1. Average Retail Value
(See Report for details)
2. Adjustment for prior damage
(See itemized damage estimates for details)
Unrepaired Damage $0.00 x 0% $0. 00
Windshield/Glass Damage $0.00 x look $0. 00
Lights/Lens Damage $0.00 x loot $0. 00
Tires $0.00 x 25% $0. 00
Total deductions from Retail Value:
3. Addition for extraordinary refurbishments or repairs
Refurbishments $0. 00
Custom parts or non-factory equipment $0. 00
Total additions to Retail Value:
ACTUAL CASH VALUE:
Add Fees $0.00
Add Tax $4,231.67 x 696 $253.90
Total post-ACV additions:
Subtract deductible amount if applicable $250.00
Subtract salvage value if owner is retaining vehicle $0.00
Total post-ACV deductions:
NET AMOUNT:
$4,231.67
$0.00
$0.00
$4,231.67
$253.90
$250.00
$4,235.57
Vehicle Appraisal Report
Date: 0312512005 4:02:36 PM
Claim Number: 05-5634845-01
A7409Rmlyr
Vehicle Condition Description
(Considering the age and type of vehicle, if excessive wear and tear is noted, repairs necessary to bring the vehicle to the
retail value standard will be shown in a separate, itemized estimate of unrepaired prior damage.)
Interior condition:
Clean/Normal Wear and Tear - Observations:
FROM FOLLOW UP ON HISTORY OF VEHICLE, VEHICLE INTERIOR IN NORMAL CONDITION FOR
A VEHICLE WITH THIS AGE WITH THIS MILEAGE FOR THE HISTORY OF A RECONSTRCDTED
TITLE.
Exterior condition:
Clean/Normal Wear and Tear - Observations:
FROM FOLLOW UP ON HISTORY OF VEHICLE, VEHICLE EXTERIOR IN NORMAL CONDITION FOR
A VEHICLE WITH THIS AGE WITH THIS MILEAGE FOR THE HISTORY OF A RECONSTRCDTED
TITLE.
Tire wear:
(Tread depth less than 3/32" is excessive. See estimate of unrepaired prior damage for deduction).
Actual tread depth: LF NA/32" RF NA/32" LR NA/32" RR NA/32"
Refurbishment Value Estimate
(Only extraordinary refurbishments or repairs add value, because the retail value assumes good
condition of all vehicle components).
Mileage on Mileage Addition
Date Original vehicle at time on the to retail
Refurbishment installed cost of refurbishment refurbishment value
-------------------------- ---------- ----------- ---------------- ------------- -----------
No refurbishments noted.
Custom Parts/Non-Factory Equipment Value Estimate
Date Original
Custom/non-factory parts installed cost
-------------------------- ---------- -----------
No custom parts or non-factory equipment noted.
Mileage on
vehicle at time
of installation
----------------
Mileage
on the
custom part
-------------
Addition
to retail
value
progressiv .com
Vehicle Appraisal Report 074944 ,1 fit
KEYS to understanding actual cash value and your settlement:
* Total loss appraisals are based on a case-by-case assessment of the damaged or stolen
property, its condition, its salability and its probable price in the marketplace immediately
prior to the loss.
A fair and accurate settlement is based on the vehicle's actual cash value (ACV),
which is determined by considering pre-loss condition.
* Appropriate N.A.D.A. retail value and NMR Blue Book retail value reference sources are
used to determine the range of prices for substantially similar vehicles.
SETTLEMENT
Our settlement (less applicable deductible if you're insured with Progressive) is contingent upon our receipt of a "clean"
title with the lien released. Additionally, we'll show you how we arrived at the amount so you can be confident that the
settlement is realistic and fair in the local market. Sales tax and other fees (based on the settlement amount) will be
included in the settlement when required by state regulations.
In most cases, we take care of picking up your damaged vehicle and handling its processing, which is why we need the title.
In some instances, you may retain the salvage, but an appropriate deduction based on the value of the salvage will be made
and there may be additional titling requirements to be completed.
If you feel that your vehicle is worth more or less than our determination, we'll consider what you provide to support your
opinion of actual cash value. If a change in the amount is warranted based on credible evidence, then we will revise
our offer.
If you are a Progressive policyholder and there is still disagreement on the actual cash value, either you or we may request
to proceed under the Appraisal section of the insurance policy contract. You and Progressive each select and pay for a
competent appraiser who will inspect the vehicle, conduct market research about comparable vehicles, and reach an
agreement on actual cash value. The decision of the appraisers will be binding.
progressim.com
Vehicle Appraisal Report
KEYS to understanding actual cash value and your settlement:
* Total loss appraisals are based on a case-by-case assessment of the damaged or stolen
property, its condition, its salability and its probable price in the marketplace immediately
prior to the loss.
* A fair and accurate settlement is based on the vehicle's actual cash value (ACV),
which is determined by considering pre-loss condition.
* Appropriate N.A.D.A. retail value and NMR Blue Book retail value reference sources are
used to determine the range of prices for substantially similar vehicles.
SETTLEMENT
Our settlement (less applicable deductible if you're insured with Progressive) is contingent upon our receipt of a "clean"
title with the lien released. Additionally, we'll show you how we arrived at the amount so you can be confident that the
settlement is realistic and fair in the local market. Sales tax and other fees (based on the settlement amount) will be
included in the settlement when required by state regulations.
In most cases, we take care of picking up your damaged vehicle and handling its processing, which is why we need the title.
In some instances, you may retain the salvage, but an appropriate deduction based on the value of the salvage will be made
and there may be additional titling requirements to be completed.
If you feel that your vehicle is worth more or less than our determination, we'll consider what you provide to support your
opinion of actual cash value. If a change in the amount is warranted based on credible evidence, then we will revise
our offer.
If you are a Progressive policyholder and there is still disagreement on the actual cash value, either you or we may request
to proceed under the Appraisal section of the insurance policy contract. You and Progressive each select and pay for a
competent appraiser who will inspect the vehicle, conduct market research about comparable vehicles, and reach an
agreement on actual cash value. The decision of the appraisers will be binding.
progressiv .com
(A) PRODUC-l.LWS - PASSPORT August 17 , 2003; 1-5:07:35
CMSD2_40 /CMS1,42340 P A C M A N AUG 17 05 - 15:07
OPID: TXP0043 CLAIM PAYMENT INQUIRY TERMID: VT680544
INSD: ROWLAND, STELLA POL: 55595009-5
DOT : MAR 15 05 PF,--PHL FT-GRP- CLM: 055599459 ACTIVE REP: D MOORE
PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 125.00
LINE 1: SALVAGE DIRECT, ONLY****************************************
LINE 2:
LINE 3:
ADDRESS: 42336 GILBERT DRIVE
CITY: TITUSVI',LE
IN PAYMENT OF: ITE10 84480
ST/PR* PA ZIP/CPC: 16354 CNTRY* USA
1099 ? N FEDERAL TAX ID: LAST UPDT REP: DDS0002
CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: D DAVIS
BANK. CODE* AS2 ISSUE DATE APR 18 05 APPROVED BY.
STATE * PA AREA * 194 REVIEW DATE: 00 00
STC? RSN * DRAFT # 439437713 REVIEWED BY:
COMMAND
(A) P26:DU: -1.ZH"S --ASSPOF:T August 17 , 2005, 15:07:35
CMSD2 346 /CMSM234') P A C M A N AUG 17 05 - 15:07
OPID: T>P0043 CLAIM PAYMENT INQUIRY TERM ID: VT680544
INSD: ROWLAND, S'-"ELLA POL: 55595009-5
DO.L : MAR 15 05 PA-PHL FT-GRP- CLM: 055599459 ACTIVE REP: D MOORE
PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 4,235.57
LINE 1: LEE J ROWLAND, ONLY*****************************************
LINE 2:
LINE 3:
ADDRESS: 544 SCHUYLKILL ST
CITY: HARRISBURG ST/PR* PA ZIP/CPC: 17110 CNTRY* USA
IN PAYMENT OF: COMP-89 BMW 535I(RECONST)-LESS $250 DED-PROG OBTN SAL
1099 ? N FEDERAL TAX ID: LAST UPDT REP: DXM0144
CDS CODE * 12 PCL EFT TRACE ISSUING REP: D MOORE
BANK CODE* AS2 ISSUE DATE MAR 25 05 APPROVED BY:
STATE * PA AREA * 270 REVIEW DATE: 00 00
STOP RSN * DRAFT # 439047455 REVIEWED BY:
COMMAND:
Final Statement Page 1 of
Salvage Direct. Inc. 04/19/2005
SDA#: 84480
42336 Titusville, Gilbert
PA ert Drive 16354 SALVA?GDIRECT
Titus
Phone: (814) 827-0300
Fax: (814) 827-9724
www.salvaeedirect.com %IVAMMM
FINAL STATEMENT
Claim #: 055599459 Supplier: Dana Davis
Loss Type: Fire - Comp Progressive Casualty Insurance Company
Insured: Stella Roland Fire & Theft Unit
Owner: Stella Roland 5000 Tilghman St Ste 300
Allentown, PA 18104
Rep: Doug Moore Fax: (610) 336-6870
VIN: WBAHD2318KBF61741 Location: Glenns Towing
Vehicle: 1989 BMW 535 Pickup: in burned down storage facility
Color: Blue 19 Gasoline Alley
Mileage: 0 Carlisle, PA 17013
Auction Item 571168 Buyer: Costy's Auto Sales
Sale Amount: $0.00 2395 South Main St.
ACV: $5,500.00 Mansfield, PA 16933
Gross Return: 0.00%
Loss Date: 03/15/2005 Invoice Date: 04/19/2005 Title Rcv'd Date: 04/04/2005
Storage Start Date: 03/15/2005 Pickup Deadline: 03/23/2005 Cert Rcv'd Date: 04/05/2005
Assignment Date: 03/16/2005 Pickup Date: 03/21/2005 Sale Date: 04/13/2005
PROCEEDS FROM SALE
$0.00
FIELD CHARGES PAID BY SALVAGE DIRECT
TOTAL FIELD CHARGES $0.00
SALVAGE DIRECT CHARGES
ASSIGNMENT: Online Salvage Sale and Transaction -25.00
LOGISTICS: Logistics -95.00
TITLING: Certificate of Salvage Processing -5.00
TOTAL SALVAGE DIRECT CHARGES $-125.00
NET SALVAGE
PRE-PAYMENTS
SUPPLIER SETTLEMENT
SD SETTLEMENT
$-125.00
$0.00
$0.00
$0.00
CURRENT BALANCE
PAYMENT DUE
$125.00
https://secure.salvagedirect.cominewsupplierlformslsuppliersettlement.asp?sda=84480 04/18/2005
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 authorities.
Michael ougherty
Date ?7 /7/01?
7K, Ll
ui
i ° d ''
OV)
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05526 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PROGRESSIVE NORTHERN INS CO
VS
KELLER WAYNE
DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KELLER
the
DEFENDANT , at 2108:00 HOURS, on the 7th day of November , 2005
at 99 WOLFE BRIDGE ROAD
CARLISLE, PA 17013
JOAN KELLER, WIFE
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 4.80
Affidavit .00
Surcharge 10.00
.00
32.80
Sworn and Subscribed to before
me this /40 day of
rUlJ,SJ . D.
Pr tho a y
So Answers:
R. Thomas Kline
11/09/20
WELTMAN
By:
David W. Knauer, Esquire
Attorney I.D. No. 21582
Knauer & Associates, L.S.C.
411-A E. Main Street
Mechanicsburg, PA 17055
Knauer@early.com
717-795-7790
717-795-7793 Fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Progressive Northern Insurance
Company, Subrogee of Stella Rowland
Plaintiffs
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05-5526 Civil Term
Wayne Keller
Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Progressive Northern Insurance Company
Stella Rowland, through their attorney
Michael J. Dougherty, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
You are hereby notified to file a written response to the enclosed Answer
and New Matter pursuant to Pa.R.C.P. 1030 within 20 days from service hereof
or a judgment may be entered against you.
Date: January 17, 2006
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
David Kna er, Esquire
Attorney for Defendant
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
David W. Knauer, Esquire
Attorney I.D. No. 21582
Knauer & Associates, L.S.C.
411-A E. Main Street
Mechanicsburg, PA 17055
Knauer@early.com
717-795-7790
717-795-7793 Fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Progressive Northern Insurance
Company, Subrogee of Stella Rowland
Plaintiffs
V.
Wayne Keller
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05-5526 Civil Term
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER AND NEW MATTER
TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3. Denied as alleged. The Defendant avers to the contrary that after
reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the matter and strict proof thereof is
demanded at time of trial.
4. Admitted.
5. Denied as alleged. The Defendant avers to the contrary that the
Plaintiffs insured rented space in the Defendant's garage and that created a
landlord/tenant relationship and not a bailor/bailee relationship. The Defendant
did not have care, custody, and/or control of the Plaintiffs insured's vehicle.
6. Denied as alleged. The Defendant avers to the contrary that
paragraph 6 of Complaint pled conclusions of law to which no reply is required
under the Pennsylvania Rules of Civil Procedure and strict proof thereof is
demanded at time of trial.
7. Denied as alleged. The Defendant avers to the contrary that after
reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the mater and strict proof thereof is
demanded at time of trial.
8. Denied as alleged. The Defendant avers to the contrary that after
reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the matter and strict proof thereof is
demanded at time of trial
9. Denied as alleged. The Defendant avers to the contrary that after
reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the matter and strict proof thereof is
demanded at time of trial
10. Denied as alleged. The Defendant avers to the contrary that after
reasonable investigation the Defendant is without knowledge or information
sufficient to form a belief as to the truth of the matter and strict proof thereof is
demanded at time of trial.
11. Denied as alleged, The Defendant avers to the contrary that the
Defendant does not owe any money to the Plaintiff.
2
12. Denied as alleged. The Defendant avers to the contrary that the
Defendant does not owe any sum of money to the Plaintiff and therefore any
demands for payment of same are not legitimate.
WHEREFORE, the Defendant demands judgment in his favor and against
the Plaintiff plus costs of suit and attorney's fees.
NEW MATTER
13. The Plaintiff incorporates herein by reference thereto paragraphs 1
though 12 of the within Answer.
14. The relationship between the Plaintiffs insured and the Defendant
was a landlord/tenant relationship.
15. The relationship between the Plaintiffs insured and the Defendant
was not a bailor/bailee relationship.
16. The Defendant did not have care, custody, or control of the Plaintiffs
insured's vehicle.
17. The fire the Plaintiff referenced may have been caused by third
parties not related in any way to the Defendant.
3
WHEREFORE, the Defendant demands judgment in his favor and against
the Plaintiff on the Defendant's New Matter.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
David W. Knauer, Esquire
Attorney for Defendant
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
Date: January 17, 2006 (717) 795-7790
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Progressive Northern Insurance
Company, Subrogee of Stella Rowland
Plaintiffs
V.
Wayne Keller
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05-5526 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 17th day of January,
2006, serve a true and correct copy of the Defendant's Answer and New Matter
To Plaintiffs Complaint on all counsel of record by United States mail, first class,
prepaid addressed as follows:
Michael J. Dougherty, Esquire
Weltman, Weinberg & Reis Co., LPA
325 Chestnut Street
Suite 1120
Philadelphia, PA 19106
f o
David W. Knauer
Attorney for Defendant
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
`
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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 # 04513183
PROGRESSIVE NORTHERN INSURANCE
COMPANY, Subrogee of Stella Rowland
vs.
Cumberland County
Court of Common Pleas
No. 05-5526
WAYNE KELLER
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
13 - 17. 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, Wayne Keller.
WELTMAN, WEINBERG & REIS CO., L.P.A.
J.
A
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.
Date ) 1 >
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WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
I.D. No. 76046
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 03872519
Attorney for Plaintiff(s)
}
PROGRESSIVE NORTHERN INS. CO. }
As subrogee of STELLA ROWLAND }
vs. }
}
WAYNE KELLER }
PROGRESSIVE NORTHERN INS. CO
As subrogee of MICHAEL PALM
vs.
WAYNE KELLER
Cumberland County
Court of Common Pleas
NO. 05 5526 CIVIL ?
Cumberland County
Court of Common Pleas
NO. 05 6257 CIVIL
MOTION TO CONSOLIDATE
All of the above actions involve the same motor vehicle accident that
occurred on March 15, 2005.
2. All of the above matters have been filed as Arbitration cases.
3. All parties and counsel agree that these matters should be consolidated.
4. All the aforementioned cases involve common questions of fact and law.
5. Adjudication of these civil actions at the same time is the most efficient use of
the court's time.
6. Adjudication of these civil actions at the same time will avoid collateral
estoppel, res judicata and inconsistent verdicts in these civil actions.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's
motion and consolidate the above-captioned cases for purposes of discovery and
arbitration with the lead case being Progressive Northern Insurance Company, as
subrogee of Stella Rowland v. Wayne Keller, Cumberland County Court of Common
Pleas, No. 05-5526 CIVIL.
WELTMAN, WEINBYW & RW CO., L.P.A.
BY.
Michael 4! Augherty, Esquire
Attorney or Plaintiff
s
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
I.D. No. 76046
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 03872519
}
PROGRESSIVE NORTHERN INS. CO. }
As subrogee of STELLA ROWLAND }
vs. }
}
WAYNE KELLER }
Attorney for Plaintiff(s)
Cumberland County
Court of Common Pleas
NO. 05 5526 CIVIL
PROGRESSIVE NORTHERN INS. CO
As subrogee of MICHAEL PALM
vs.
WAYNE KELLER
Cumberland County
Court of Common Pleas
NO. 05 6257 CIVIL
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S
MOTION TO CONSOLIDATE
Pennsylvania Rule of Civil Procedure 213 provides that the court, on the motion
of any party may order a joint hearing of any matter in issue and make orders to avoid
unnecessary costs or delay.
In the present matter all of the above actions involve the same motor vehicle
accident, which occurred on March 15, 2005. All of the above matters have been filed
as Arbitration cases.
All parties and counsel agree that these matters should be consolidated.
All the aforementioned cases involve common questions of fact and law.
Adjudication of these civil actions at the same time is the most efficient use of the court's
time. Adjudication of these civil actions at the same time will avoid collateral estoppel,
res judicata and inconsistent verdicts in these civil actions.
jl?
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's
motion and consolidate the above-captioned cases for purposes of discovery and
arbitration with the lead case being Progressive Northern Insurance Company, as
subrogee of Stella Rowland v. Wayne Keller, Cumberland County Court of Common
Pleas, No. 05-5526 CIVIL.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Michael J. Dougherty, Esquire
Attorney for Plaintiff
0
CERTIFICATE OF SERVICE
The undersigned certifies that service of a true and correct copy of the within Motion
to Consolidate was made on 3u1V f3 ad to the Defendants by United States mail,
postage prepaid:
David W. Knauer, Esquire
411A. East Main Street
Mechanicsburg, PA 17055
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
ael J. ougherty, Esquire
ney or Plaintiff
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of •,1
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Michael J. Dougherty, Esquire
I.D. No. 76046
325 Chestnut Street, Suite 1120
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File # 04513187
PROGRESSIVE NORTHERN INS. CO.
As subrogee of STELLA ROWLAND
vs.
WAYNE KELLER
PROGRESSIVE NORTHERN INS. CO
As subrogee of MICHAEL PALM
vs.
WAYNE KELLER
ORDER
AND NOW, this Z(s. t day of
Attorney for Plaintiff(s)
Cumberland County
Court of Common Pleas
NO. 05 5526 CIVIL
Cumberland County
Court of Common Pleas
NO. 05 6257 CIVIL
L 7 , 2006 upon
consideration of Plaintiff, Progressive Northern Insurance Company's motion to
consolidate and all responses thereto, it is hereby;
ORDERED and DECREED that Plaintiff's motion is GRANTED and the above-
captioned cases are consolidated for purposes of discovery and arbitration with the lead
ti
JUL 18 2006
case being Progressive Northern Insurance Company, as subrogee of Stella Rowland v
Wayne Keller, Cumberland County Court of Common Pleas, No. 05-5526 CIVIL.
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RULE 1312-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. S S Z 20 CS
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:
JC%yW r , counsel for the plaintiff/defendant in the above
action (or actions), respectfu epresen that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ !3 , lG ( G, k S
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:
1)6" ; C\ eve r
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully
X?
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
200 ' , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
GEORGE E. HOFFER, P.J.
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RULE 1312-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. S?S 2 20 C:}?
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:
.?
?C Y1C>. !' counsel for the plaintiff/defendant in the above
action (or actions), respect epresen that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is
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:
?j C\
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully
X.
ORDER OF COURT
r
AND NOW, t0 , 200 7 in consideration of the foregoing
petition, Esq., and (r. jj??
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By o ,
P.J.
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PROGRESSIVE NORTHERN
INSURANCE CO., a/s/o STELLA
ROWLAND,
PLAINTIFF
V.
WAYNE KELLER,
DEFENDANT
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-5526 CIVIL TERM
PROGRESSIVE NORTHERN
INSURANCE CO., a/s/o MICHAEL
PALM,
PLAINTIFF
V.
WAYNE KELLER,
DEFENDANT
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-6257 CIVIL TERM
ORDER OF COURT
AND NOW, this day of September, 2007, the appointment of
Hubert X. Gilroy, Esquire, as chairman on the Board of Arbitrators in the above-
captioned cases, IS VACATED. Roger B. Irwin, Esquire, is appointed in his place.
Robert B. Irwin, Esquire
By the Court,
- I - f" "-'?
Edgar B. Ba ey, J.
Court Administrator
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PROGRESSIVE NORTHERN
INSURANCE CO., a/s/o STELLA
ROWLAND,
PLAINTIFF
V.
WAYNE KELLER,
DEFENDANT
PROGRESSIVE NORTHERN
INSURANCE CO., a/s/o MICHAEL
PALM,
PLAINTIFF
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-5526 CIVIL TERM
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WAYNE KELLER,
DEFENDANT
05-6257 CIVIL TERM
ORDER OF COURT
AND NOW, this day of September, 2007, the appointment of
Roger B. Irwin, Esquire, as chairman on the Board of Arbitrators in the above-captioned
cases, IS VACATED. Marlin R. McCaleb, Esquire, is appointed in his place.
By the
H?Id
/Marlin R. McCaleb, Esquire `?o
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Court Administrator DID
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Edgar B. Bayley,
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PROGRESSIVE NORTHERN INSURANCE
Co., a/s/o STELLA ROWLAND, In The Court of Common Pleas of Cumberland
Plaintiff
V. County, Pennsylvania No. 05 _ 5526 CIVIL TERM
WAYNE KELLER -
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with delity.
Signature Signaturq Signa e
II
Marlin R. McCaleb
Name (Chairman)
Law Offices of
Marlin R. McCaleb
Lisa M. Greason
Name
Law Firm Law Firm
TIN 23-2393754
219 East Main Street P.O. Bc
Address Address
E. Ralph Godfrey
Name
?= 1Z ??nLF64.n.
Law Firm
Suite 1
354 Alexander
Mechanicsburg, PA 17055 CarliAle, FAA 17013
City, zip City, zip
14-vrt1,a1. P' ( .
Spring Rd.
Address
Carlisle, PA 17013
City, zip
4f- II(A0 Award # /a430
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
We find in favor of the Defendant and against the Plaintiff.
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing:? 1- ?T -
(Chairman)
Date of Award: /,•l / v7 - SM¢u;
Notice of Entry of Award
Now, the /'?? day of Iner , 2007 , at /p: 6q , ?.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
r1biuators' cornpensation to be paid upon appeal: $-350. Cap
By.
Prothonotary
v
Deputy
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