Loading...
HomeMy WebLinkAbout05-6257IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Michael Palm CASE NO: ns Plaintiff, V. WAYNL KELLER TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: MICHAEL 1. 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 #04513183 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Michael Palm r O S / Plaintiff, CASE NO: V. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION N'AYNf: KF.LtLR 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 it you fail to do so the case may proceed without you and a judement 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. 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 platy al partir de la fecha dela demanda y la notificacion. Hace falta asentar una comparencia eserita o en persona o con un abogado y entregar a la come en forma eserita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede eontinuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte 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. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE INMEDIATAMENTA. SI NO TIENE ABOGADO A LAWYER OR CANNOT AFFORD ONE, O SINO TIENE EL DINERO SUFFICIENTE DE GO 10 OR TELEPHONE THE OFFICE SET FORTH PAGAR TAL SERVICO, VAYA EN PERSONA O BELOW TO FEND OUT WHERE YOU LLAME FOR TELEFONO A LA OFICINA CUYA CAN GET LEGAL HELP: 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) 244-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE NORTHERN INSURANCE COMPANY, Subrogee of Michael Palm gn?„ CASE NO: OS ' G -1.5 Plaintiff, v. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION WAYNE KELLER Defendant. COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff by and through its counsel, WELTMAN, WEINBERG & REIS, CO., I..l'.A,. and hereby files this Complaint against Defendants jointly and severally. In support thereof, Plaintiff avers as follows. 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 99 Wolf Bridge Road, Carlisle, Pennsylvania where the Plaintiff Insured's vehicle was stored. 3. Progressive issued a policy of insurance where Progressive agreed to insure a Freightliner FL60 ("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 care, custody and/or control of Defendant. 5. White 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 $32,569.56. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $32,069.56. A true and correct copy of the payment and damage documentation is attached hereto and marked as Exhibit "I". 9. the Plaintiff's Insured also sustained damages in the amount of $500.00 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. it. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendants the sum of $31,709.56. 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 $31,709.56 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMr, WEINBERG & REIS, CO., L.P.A. Michael J. Dougherty, Esquire PA I.D. # 76046 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR#04513183 EXHIBIT 1 (A) PRCDUC-1.ZWS - PASSPORT August 17, 2005, 12:33:51 CMSD2340 /CMSM2340 P A C M A N AUG 17 OS - 12:33 OPID: TXP0043 CLAIM PAYMENT INQUIRY TERMID: VT660024 INSD: PALM, MICHAEL POL: 02676970-0 DOL : MAR 15 05 PA-PHL FT-GRP- CLM: 055'005447 ACTIVE REP: D MOORE PAY 70 THE ORDER OF: TOTAL DRAFT AMOUNT: 14,066.55 LINE 1: SOVEREIGN BANK, FOR AND ON BEHALF OF, MICHAEL PALM AND ***** LINE 2: RACHEL NOC'E,DBA M & R TOWING,******************************* LINE 3: ATTN: PAYOFF DEPARTMENT********** ACCT# AV20309071********** ADDRESS: 3 HUNTINGTON QUADRANGLE STE 101 NORTH CITY: r?ELVILLE ST/PR* NY ZIP/CPC: 11747 CNTRY* USA IN P!VsMENT OF: T/L PAYMENT 2000 FRHT, COMP LESS $500, PROG OBTAIN SALVAGE 1099 ? N FEDERAL TAX ID: LAST UPDT REP: SDW0004 CDS CODE * 12 PCL EFT TRACE #: ISSUING REP: S WALTERS BANK CODE* AS2 ISSUE DATE APR 01 05 APPROVED BY: STATE * PA AREA * 270 REVIEW DATE: 00 00 STOP RSN * DRAFT # 439161675 REVIEWED BY: COMMAN-: !A) ?R07)U;:--1.ZWS - ;PASSPORT August 17, 2005, 12:33:53 CMSD2 340 /CMSM2340 P A C M A N AUG 17 05 - 12:33 OPID: TXP0043 CLAIM PAYMENT INQUIRY TERMID: VT660024 INSD: PALM, MICHAEL POL: 02676870-0 DOL . MAR 15 05 PA-PHL FT-GRP- CLM: 0556^05447 ACTIVE REP: D MOORE PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 18,003.01 LINE 1: MICHAEL PALM AND RACHEL NOCE, ONLY************************ LI%1E 2: LINE 3: ADDRESS: 103 RIDGE DRIVE CITY: SHERMANS DALE ST/PR* PA ZIP/CPC: 17090 CNTRY* USA IN PA°MENT OF: T/L 00' FRHTLINER, COMP LESS $500 DED, PROG OBTAIN SALVAGE 1099 ? DT FEDERAL, TAX ID: LAST UPDT REP: SDW0004 CDS C(`DE * 12 PCL EFT TRACE ISSUING REP: S WALTERS BANK CODE* AS2 ISSUE DATE MAR 31 05 APPROVED BY: STATE * PA AREA * 270 REVIEW DATE: 00 00 STCP R?N * :DRAFT # 439161131 REVIEWED BY: COMMAND: Final Statement Page 1 of I Salvage Direct, Inc. 04/29/2005 42336Gilbert 635 SALVAGEDIRECT SDA#: 84479 Titusville, PA 16354 Phone: (814) 827-0300 Fax: (814) 827-9724 www. salyagedirect. com %taxam FINAL STATEMENT Claim #: 055605447 Supplier: Dana Davis Loss Type: Fire - Comp Progressive Casualty Insurance Company Insured: Michael Palm Fire & Theft Unit Owner: Michael Palm 5000 Tilghman St Ste 300 Allentown, PA 18104 Rep: Doug Moore Fav (610) 336-6870 VIN: IFV3GFBC3YHG19165 Location: Glerms Towing Vehicle: 2000 Freightliner FL60 Pickup: in storage facility Color White 19 Gasoline Alley Mileage: 156,000 Carlisle, PA 17013 Auction Item #: 571179 Buyer: C& W Performance Auto Sales Sale Amount: $1,515.00 7730 Carlisle Pike ACV: $32,500.00 York Springs, PA 17372 Gross Return: 4.66% Loss Date: 03/15/2005 Invoice Date: 04/29/2005 Title Rcv'd Date: 04/13/2005 Storage Start Date: 03/15/2005 Pickup Deadline: 03/23/2005 Cert Rcv'd Date: 04/14/2005 Assignment Date: 03/16/2005 Pickup Date: 03/22/2005 Sale Date: 04/21/2005 PROCEEDS FROM SALE $1,515.00 FIELD CHARGES PAID BY SALVAGE DIRECT TOTAL FIELD CHARGES $0.00 SALVAGE DIRECT CHARGES ASSIGNMENT: Online Salvage Sale and Transaction -25.00 LOGISTICS: Logistics -625.00 TITLING: Certificate of Salvage Processing -5.00 TOTAL SALVAGE DIRECT CHARGES $-655.00 SALVAGE DIRECT, INC. 64020 Vendor ID Name Payment Number Check Date S300306 Progressive PA - Fire & Theft Unit PMTON3903 412912005 Our Voucher Number Date Amount Amount Paid Discount Net Amount Paid 055605447 4/27/2005 $860.00 $860.00 $0.00 $860.00 :86C. )0 3860.00 50.00 7860.:0 03/25/05 FRI 08:09 F.AA 440 603 6313 PROGRESSIVE CAS INS CO ?D Yes_ I J No. 'J Tea L1; NO i I U Yes Irl- No . ?! t44 i Other Estimate: Variance: Betterment/ Depreciation: e7 Market: Downtime: Downtime Days: $0.00 $0.00 $0.00 $0.00 $0.00 0 Total Loss: Total Loss, ACV: Salvage Disposal: Storage Days: eyes L1 `N, 1 $28,851.00 0 Salvage: Towing! Storage: Other Costs: Net Salvage: Net Salvage / ACV: $0.00 $0.00 $0.00 $0.00 0 0% F'jlj prints Edit E-Mail Reportl Commercial Vehicle Field Specialist Report REPAIRABLE yes SHOP AGREED S TOW: $ GROSS DEDUCTIBLE: BETTERMENT $ SIU involved: yes Co-insurance: yes CO-INSURANCE Application Lien Holder: NET STORAGE: $ PER TRAY: $ REMARKS vge37-<? 1'3s /sr,7 S1 no TOTAL LOSS yes no ESTII? E: SHOP ESTIMATE $ PRICE: AGREED PRICE $ ACV TOW LOSS: GROSS LOSS: DEDUCTIBLE: BUYER SALVAGE $ no SIU involved: yes e:0:11 no Co-insurance: yes CO-INSURANCE Application: Lien Holder: [a 003 F71I- LOSS NET LOSS AZ d? ACS a??s? 03/31/2006 TH 12;18 FAX 6316310677 Sovereign Bank CA01 PAYOFF INSTRUCTIONS March 31, 2005 Michael Palm, Ind.& Rachel Noce, Ind. dba M&R Towing 103 Ridge Drive Shermans Dale PA 17090 Re.Lease Number-- AV20309071 2000 FREIGHTLINER FL60 VIN# 1FV30FBC3YHG19165 Dear Valued Client, In order for to properly process your payoff request, the following simple instructions should be followed: 1. Your current payoff amount of $14,06655 is good through 04-10-2005. 2. All payments must be either BANK or CERTIFIED check payable to the order of. Sovereign Bank 3 Huntington Quadrangle Suite 101N Melville, NY 11747 Attn: Payoff Department 3. You must provide written instructions indicating where the title should be sent. 4. Please insert current vehicle mileage 5. All Amounts quoted are subject to final confirmation by our Accounting Department. *"Please enclose a copy of this letter along with your payoff check and Instruction letter."* Thank you for making Sovereign Bank your first choice in vehicle and equipment financing. Should you require additional information, please contact your dedicated Sovereign Bank account representative,. We look forward to serving you again in the future. Sincerely, 2002/002 Sovereign Bank PROGRESSIVE CAS INS CO 90/25/05 FRI 08:09 FAX 440 803 Bala House of Wreckers - Car Carriers, Rollbacks, Tow Trucks and Wreckers For Sale 2001 FREIGHTLINER FL-60 Vehicle Details Stock ID: VIN: License Date: Mileage: Engine: Transmission: Description: Price: Power windows Simulators Suspension seat 09511521 HH66718 January 2005 168,178 Cummins 225 hp turbo diesel Automatic 2 doors $34,950 Body Details Century 21' Steel Two Car Carrier Body Style: Carrier Wheel Lift Binders Broom Car start - front and rear Gas can(s) Jack Jumper cables Removable rails Safety chains & straps Shovel Tie down chains Toolbox(es) 2004 Page 2 of 3 3y9s? y?a? yL^P? cw$ 3 c) S f w, OCL ?? /1O2L b3A ?" ? goa ? ?s C-O t ?B? -X650-' =A 375 `v Otto:;!vu_'icuseofiNreckers.convdetails. ann?v :d=3'_3 )3124/2005 PRUGRESSIVE CAS INS CO ;)9/P5rUS FRI 06:10 FAX 440 809 6915 TIouse of Wreckers - Car Carriers, Rollbacks, Tow Trucks and Wreckers For Sale 30" And 48" Toolboxes With Black Doors 2 Trash Cans 2 Gas Cans 4 Tie Down Chains 2 Binders j I (Ask Sales a Question) I I (Mail this listing to a friend) I I [a 005 Page 3 of') House of Wreckers Site Feedback Copyright 2000 - 2005 161 Industrial Way, San Carlos, CA 94070 11 Adminl All Rights Reserved 1-80 -594-0005 r? contact Us 1.650.594-1530 main ;: 1.650-594 1 546 fax 'ntn: ; MUVr.r;ottseofwl•eckers.cocn(details.':Php?v_id=2' 3 O?l?a/inn; 99I25i05 FRI 08:10 FAA 440 603 6313 PROGRESSIVE CAS INS CO 2006 House of Wreckers - Car Carriers, Rollbacks, Tow Trucks and Wreckers For Sale Page I of 3 "7F WE DON'T HAVE IT, WELL FIND 151 industrial Road, San Carlos, CA IT," W70 SINCE 1976 15 minutes south of San Francism Airport 2001 FREIGHTLINER FL-60 PRICE: $34,950 ----------------- ------------- ................ http:;Y,NW A,.plouseofwreckers.com/details.php'7v_id=218 1)3/ 25/05 FRI 08:10 FAX. 440 603 Sala PROGRESSIVE CAS INS CO 007 bvflatbed daho Wrecker Sales Jrecker and rowing Equipment Specialist 1951ndus[rial Way' Mountain Nome, ID 81647 hone: (208) 587-'888 FAX: (2118) 587-7155 1391 Page I of 1 2000 Freightliner FL60 225 HP Cummins 203,905 miles New Cam, Rings, and Injector ump Air conditioning, Cruise ontrol, AM / FM Air Shift PTO Nice, clean Truck! " 21' Chevron Aluminum with Wheellift W 2 - 48" Aluminum Too " Trash Can Mounts Price: $ 27,900.00 USED 'Ira '/www.wreckerbuildcr.com/1391.11tm, 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 1 of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Michael I Dougherty ??/zrl'1S VI SHERIFF'S RETURN - REGULAR CASE NO: 2005-06257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE NORTHERN INSURANCE VS KELLER WAYNE KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE KELLER WAYNE was served upon the DEFENDANT , at 1052:00 HOURS, on the 16th day of December , 2005 at 99 WOLFS BRIDGE ROAD CARLISLE, PA 17013 by handing to JOAN KELLER, WIFE OF WAYNE KELLER 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 a $ ¢ day of l?cv ?vOS? A. D. Pro n tart' So Answers: 7 y? /'.fG t- R. Thomas Kline 12/19/2005 WELTMAN WEINBERG & REIS By: ? D pu y ri iff 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 COURT OF COMMON PLEAS Company, Michael Palm CUMBERLAND COUNTY Plaintiffs V. No. 05-6257 Civil Term Wayne Keller Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Progressive Northern Insurance Company Michael Palm, 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. Respectfully submitted, JUE7 ASSOCIATES, L.S.C. J David W. Knauer, Esquire Attorney for Defendant Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: March 14, 2006 (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, Michael Palm Plaintiffs V. Wayne Keller Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-6257 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. J ', 7 avid W. Kna er, Esquire Attorney for Defendant Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: March 14, 2006 (717) 795-7790 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Progressive Northern Insurance Company, Michael Palm Plaintiffs V. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 05-6257 Civil Term Wayne Keller Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 14th day of March, 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 David W. Knauer Attorney for Defendant Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 q N c _ <r C3 (_1 L, co ? 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 Michael Palm Cumberland County Court of Common Pleas vs. WAYNE KELLER No. 05-6257 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 8?REIS CO., L.P.A. / By Mich 4l J. Dougherty, Esquire Attorney 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. Micha/d': Do, gherty Date z ?% 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 # 03872519 } PROGRESSIVE NORTHERN INS. CO. } Cumberland County As subrogee of STELLA ROWLAND } Court of Common Pleas vs. } } WAYNE KELLER } NO. 05 5526 CIVIL PROGRESSIVE NORTHERN INS. CO. } Cumberland County As subrogee of MICHAEL PALM } Court of Common Pleas vs. } WAYNE KELLER } } NO. 05 6257 CIVIL MOTION TO CONSOLIDATE 1. 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, WEINB & RE CO., L.P.A. By Michael 4?6ugherty, Esquire Attorney or Plaintiff 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 # 03872519 } PROGRESSIVE NORTHERN INS. CO. } Cumberland County As subrogee of STELLA ROWLAND } Court of Common Pleas vs. } } WAYNE KELLER } NO. 05 5526 CIVIL PROGRESSIVE NORTHERN INS. CO. } Cumberland County As subrogee of MICHAEL PALM } Court of Common Pleas vs. I WAYNE KELLER } 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. 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 CERTIFICATE OF SERVICE The undersigned certifies that service of a true and correct copy of the within Motion to Consolidate was made on 3LdV I3 a0t1(tv 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 / Y / Afto115ael J. ougherty, Esquire rneyfor Plaintiff 1) S IN THE COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY, PENNSYLVANIA NO. , 20 ?,- - RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in t' Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: S , counsel for the plaintiff/defendant in the above action (or actions), respectfully risen 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: 6 \'L _ t l WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitte , x ORDER OF COURT AND NOW, k,9Z&ftJA*L (P , 200 1 , in consideration of the foregoing petition, 01 "- Esq., and ?. sa4h ";&? of ma - If '-? Esq., an j I JtaAeg.? _ Esq., are appointed arbitrators in the abo e captioned action (or actions) as prayed for. By a Court, ?1si?3 ?.?h.J 4 V { i f 000 f,d ,C-0 hart I"'ns Koper .p? .55 a? Q Q6" ` te ?ie 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 COURT OF COMMON PLEAS OF INSURANCE CO., a/s/o MICHAEL CUMBERLAND COUNTY, PENNSYLVANIA PALM, PLAINTIFF V. WAYNE KELLER, DEFENDANT 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. By the Court Robert B. Irwin, Esquire Edgar B. Ba Court Administrator :sal i- C/)l CL c C c?.t PROGRESSIVE NORTHERN INSURANCE CO., a/s/o STELLA ROWLAND, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WAYNE KELLER, DEFENDANT : 05-5526 CIVIL TERM PROGRESSIVE NORTHERN INSURANCE CO., a/s/o MICHAEL PALM, PLAINTIFF 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. H,?Id /Marlin R. McCaleb, Esquire ?Vpq Q,Iq 0 Court Administrator 00 :sal By the tagar b. bayiey, o t C)6- J-- ? ? ys PROGRESSIVE NORTHERN INSURANCE Co., a/s/o MICHAEL PALM, In The Court of Common Pleas of Cumberland Plaintiff V. County, Pennsylvania No. 05 - 6257 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 fidelity. 1 44 Signature Signature. Signature Marlin R. McCaleb Lisa M. Greason Name E. Ralph Godfrey Name Name (Chairman) Law Offices of Marlin R. McCaleb Law Firm TIN 23-2393754 219 East Main Street Address Mechanicsburg, PA 17055 City, Zip Q Law Firm P.O. B,bx 385 Address 03a lisle, PA 1,7013 City;' Zip Law Firm Suite 1 354 Alexander Spring Rd. Address Carlisle, PA 17013 City, zip # l I (o Co # Ja430 Award 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' -- Chairman) _ Date of Award: 11- l? -07 t) u Me, Notice of Entry of Award Arbitrators' compensation to be paid upon appeal: $ 350.04 , the 14*? day of 20?,_, at ff: /L A . M., the above award Now, as entered upon the docket and notice thereof given by mail to the parties or their attorneys. By; Prothonotary ?r Deputy co IRR l C > 33 (Z CO , Cod ??her4Y .` LL pi#4 yam, - d?? __II '?` I?I?'?1o1 D?