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Home My WebLink About06-2441REBECCA MITCHELL, Petitioner V. STATEFARM INSURANCE COMPANY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: t L.) L PETITION TO COMPEL ARBITRATION Petitioner, Rebecca Mitchell, through her undersigned counsel, petitions this Court under 42 Pa. Cons. Stat. Ann § 7304(a) for an order compelling arbitration in this matter, and in support represents as follows: Petitioner, Rebecca Mitchell is a citizen of the Commonwealth of Pennsylvania residing at 193 Kutz Road, Carlisle, PA. 2. Respondent, State Farm Insurance Company, is an insurance company duly licensed to do business in the Commonwealth of Pennsylvania with its principal place of business at 555 Southpointe Blvd, Suite 400, Canonsburg, PA. The Petitioner at the time of the accident was living with Eber Fraker who was insured by the aforementioned insurance company. 3. On July 23, 2004, Petitioner was a restrained passenger in the back seat of her daughter's vehicel while they where traveling east on Route 641, when her daughter tried making a left hand turn onto Mill Road. 4. Another driver who was traveling west on Route 641, had been looking at a yard sales along the side of the road when Petitioner's daughter's car turned into the path of hers. The vehicle the Petitioner was traveling in was rotated approximately 90° and traveled 54 feet from the place of impact. Her car came to rest on top of a curb and resting against a parked vehicle in a local grocery stores parking lot. 5. Petitioner was admitted into the Carlisle Regional Medical Center Emergency Room with liver and spleen lacerations which were later the foundation for several more serious medical conditions. 6. The accident and resulting injuries to the Petitioner were solely and partly caused by the negligence of Elizabeth Graham and Kelly Sheilds. 7. At the time of the accident, Elizabeth Graham was insured under a policy with Progressive Insurance, which accepted coverage and settled without litigation. 8. At the time of the accident, Kelly Sheilds was insured under a policy with Nationwide Insurance, which accepted coverage and settled without litigation. 9. As of the date of filing this petition, the respondent has not provided any sufficient evidence that the petitioner is not entitled to Mr. Fraker's uninsured motorist coverage. 10. Petitioner believes there may be UIM coverage available to her and has requested arbitration. WHEREFORE, the petitioner requests this Court issue a rule upon the respondent to show cause, if any it has, why the respondent's should not be submitted to arbitration and thereafter order that the matter be submitted to arbitration. Submitted By, r Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney II) # 81924 Attorney for Petitioner REBECCA MITCHELL, Petitioner V. STATE FARM INSURANCE COMPANY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO: CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the within Petition to Compel Arbitration by First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: 6-/i/ 41 Elaine M. Pivarnik, Claim Representative State Farm Insurance Company Southpointe Operations Center 555 Southpointe Blvd. Suite 400 Canonsburg, PA 15317 Karl E. R mioKarl E. gner Esquire Attorney for Petitioner T?, z_ L REBECCA MITCHELL, PETITIONER V. STATE FARM INSURANCE COMPANY, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-2441 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2006, a Rule is entered against respondent to show cause why the relief requested herein should not be granted. Rule returnable fifteen (15) days from service. Edgar B. Xarl E.Rominger, Esquire For Petitioner V8laine M. Pivarnik, Claim Representative State Farm Insurance Company Southpointe Operations Center 555 Southpointe Blvd. Suite 400 Canonsburg, PA 15317 , J. :sal 0 00 F TI;E " ARY 2K'S 1 -4 PA 12. 5-t L?v?/-i. JI.Pei ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA MITCHELL, Civi(Division Petitioner, No. 06-2441 Civil Term V. RESPONDENT'S RESPONSE TO STATE FARM INSURANCE PETITION TO COMPEL ARBITRATION COMPANY, Respondent. Filed on behalf of: State Farm Insurance Company, Respondent. Counsel of Record for this Party: Stephen J. Summers, Esquire Pa. I.D. #40213 SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. Firm # 911 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 TO: PETITIONER You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof a judgment may/ entered a against GUTHRIE & SKEEL, L.L.P. vV V V #14552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA MITCHELL, Petitioner, V. STATE FARM INSURANCE COMPANY, Respondent. Civil Division No. 06-2441 Civil Term RESPONDENT'S RESPONSE TO PETITION TO COMPEL ARBITRATION AND NOW, comes the Respondent, State Farm Insurance Company, by and through its attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel and Stephen J. Summers, Esquire, and files the following Response to the Petition to Compel Arbitration, and in support thereof avers as follows: 1-2. Paragraphs 1 and 2 of the Petition are admitted. 3-5. In response to paragraphs 3, 4 and 5 of the Petition, it is averred that after reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Strict proof is demanded at the time of trial. 6. Paragraph 6 of the Petition constitutes a conclusion of law to which no responsive pleadings are required. 7-8. In response to paragraphs 7 and 8 of the Petition, it is averred that after reasonable investigation, the Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Strict proof is demanded at the time of trial. 9-10. Paragraph 9 and 10 of the Petition are denied pursuant to Pa. R.C.P. 1029(d) & (e). The Respondent has advised the Petitioner that Mr. Fraker rejected underinsured motorist coverage. Based on the fact that Mr. Fraker does not have underinsured motorist coverage on his policy, the Petitioner cannot present an underinsured motorist claim. WHEREFORE, the Respondent, State Farm Insurance Company, demands that judgment be entered in its favor. NEW MATTER 11. Eber Fraker rejected underinsured motorist coverage on his policy of insurance with State Farm Mutual Automobile Insurance Company. 12. Based on the fact that Mr. Fraker does not have underinsured motorist coverage, this case is not subject to an underinsured motorist arbitration hearing. 13. The Petitioner has failed to state a cause of action upon which relief can be granted. WHEREFORE, the Respondent demands that the Petition be dismissed with prejudice. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: Steph n J. Summers, Esquire Attorneys for Respondent, State Farm Insurance Company. VERIFICATION I, Elaine Haughin, verify that I am a Claim Representative for the State Farm Mutual Automobile Insurance Company, and I am authorized to execute this Verification on its behalf and the statements made in the foregoing Resgopp, to Petition to Compel Arbitration are true and correct to the best ;of %rr=y knowledge,,.. ...... .. . .... .... . information and belief. I understand false statements herein are made subject to the.penalties of 18.••••. .... Pa. C.S. §4904 relating to unsworn falsification to authorities. .... Haughin Date: 6 " - a CO #14552 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within RESPONSE TO PETITION TO COMPEL ARBITRATION, was served upon counsel of record by mailing the same via first class mail, postage pre-paid, this 23`' day of May, 2006, addressed as follows: Karl E. Rominger, Esquire Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 4rf:!YZ / Ste"Ien J. Summers, Esquire Attorneys for Respondent, State Farm Insurance Company. N U UPI i y', i_' N ".x'!71 _? r Curtis R. Long Prothonotary Office of the Protbonotarp Cumberraub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n1, -e2_qLl I CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573