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Home My WebLink About06-2408IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Erie Insurance Company A/S/O Hometown, Inc. PO Box 4286 :No: Q(o - a?rD? Bethlehem, PA 18018-0286 Plaintiff(s) VS. Matthew Baker 311 Allen Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: 010"C- ate Issue summon in civil action in the above case and forward 6 i (X) Sheriff or ( )Attorney. Si lure of Attorney Paul J. ennessy, Esquire Date: Attorney Supreme Court ID Number 65396 tt**ttttssst*t*tttttassss*ttt*tttaws:?***:ttttt**tstttttttttssss+??*t*tt WRIT OF SUMMONS IN CIVIL ACTION To: Matthew Baker YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: vL Prothonotary f Attested to be a true and correct copy of the original n VI r y Paul J. Hennessy, Esquire Hennessy & Walker Group 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Erie Insurance Company A/S/0 Hometown Carpentry, Inc. PO Box 4286 Bethlehem, PA 18018 VS. Matthew Baker 311 Allen Street Carlisle, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims 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 person- ally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against vou. 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 any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or croperr., or other rights imoortant to vou. Yowshouid take this paper to your lawyer at once. !f yon 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. Cumberland County Bar Association 2 Liberty Avenue t Carlisle, PA 17013 717-249-3166 or 800-990-9108 : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No: 06-2408 Civil Term AVISO L: han demandado a usted en la carte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes. usted tiene veinte (20) dias de plaza al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita a en persona o con un abogado y entregar a la carte en forma escrim 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 continuar la demands en contra Suva sin previo aviso o notif cation. Ademas, la come puede decidir a favor del demandante y reauiere que usted cumpla con codas [as rrovisiones de esta demanda. Irsted puede perer dinero a sus propiedades u otros derechos importaates pars usted. Lleva esta demands a an abogado lnnwdiaramente. Si no dene abogado o si no time el dinero wfldtwe de pagar tal servide. Vaya en persona o Hams pop telefono a la oficina cuva direction se encuentra escrita abojo pars averiguar donde se paede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 7 .. Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Erie Insurance Company A/S/O Hometown Carpentry Inc. PO Box 4286 Bethlehem, PA 18018 VS Matthew Baker 311 Allen Street Carlisle, PA 17013 : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No:06-2408 Civil Term COMPLAINT 1. Plaintiff Erie Insurance Company is an insurance carrier licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above captioned address. 2. Plaintiff Hometown Carpentry Inc. is a business entity located at the above captioned address. 3. Defendant Matthew Baker is an adult individual residing at the above captioned address. 4. On or about July 2, 2004, The Plaintiff Erie Insurance Company insured Plaintiff Hometown Carpentry Inc. with an automobile policy, policy number Q041430250 said policy covering a 2001 Ford F-350 and carrying with same, I collision coverages. 5. On or about July 2, 2004 at or near Southbound Interstate 81 in Harrisburg, PA the Plaintiff's vehicle which was being lawfully operated by James Slabonik, was struck in the rear by a vehicle being operated by the Defendant. The Plaintiffs vehicle was stopped as was the traffic in front of him when suddenly and without warning the Defendants vehicle struck the Plaintiffs vehicle in the rear, pushing the Plaintiffs vehicle into the stopped vehicle in front of the Plaintiffs vehicle. 6. The negligence of the Defendant consisted of. a) being inattentive; b) striking another motor vehicle lawfully upon the roadway; c) failing to give due regard to the rights, safety point and position of Plaintiffs vehicle; d) failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; e) striking a stopped vehicle: f) operating a vehicle at a speed unsafe for conditions; g) other such negligence that may be developed through continuing discovery and trial of this matter. 7. The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and were due in no manner whatsoever to any act and/or failure to act on part of Plaintiffs. 8. As a result of the aforesaid collision, Plaintiff Erie Insurance Company settled the collision claim of Plaintiff Hometown Carpentry, Inc. in the amount of $2,903.39(said figure includes Plaintiff's first party deductible) representing fair and reasonable reimbursement for the damages sustained. 9. Pursuant to the aforesaid policy of insurance, Plaintiff Erie Insurance Company is subrogated to Plaintiff Hometown Carpentry, Inc. for this loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $2,903.39 together plus costs, interest and such other relief this Court finds equitable and just. I He es?, Esquire messy alker COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Dated: .5 1 / 7 la( n v O C c -n ?f-T, CD -? Paul J. Hennessy, Esquire Hennessy & Walker 142 West Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Erie Insurance Company A/S/O Hometown Carpentry, Inc. In The Court of Common Pleas Cumberland County, Pennsylvania VS. Matthew Baker Civil Action Law No: 06-2408 Civil Term To the Prothonotary: PRAECIPE Please reinstate the complaint in the above action and return to the attorney for service. AA ' Paul J. ennessy, Esqu' Hennessy & Walker N q CT Q n rrnM ru -p 1. T p K Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff Erie Insurance Company A/S/O Hometown Carpentry, Inc. VS. Matthew Baker : Cumberland County, Pennsylvania : In The Court of Common Pleas : Civil Action Law : No: 06-2408 Civil Term CERTIFICATION OF SERVICE I hereby certify that I have served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant on September 7, 2006, by First Class United States mail, addressed as follows: Matthew Baker 311 Allen Street Carlisle, PA 17013 ?-?, ? ?. : --; ; ; -? ;t-? c,??: ` ?.. -^._ SHERIFF'S RETURN - REGULAR CASE NO: 2006-02408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE COMPANY VS BAKER MATTHEW WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BAKER MATTHEW the DEFENDANT at 1435:00 HOURS, on the 5th day of May , 2006 at 311 ALLEN STREET CARLISLE, PA 17013 by handing to MATTHEW BAKER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/08/2006 HENNESSY & WALKER GROUP By 4?i?-- Deputy Sheriff Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA ERIE INSURANCE COMPANY CIVIL ACTION - LAW A/S/O Hometown Carpentry, Inc. P.O. Box 4286 Bethlehem, PA 18018, Plaintiff V. NO. 2006-2408 MATTHEW BAKER 311 Allen Street Carlisle, PA 17013, Defendant ANSWER TO COMPLAINT AND NOW, comes Defendant, Matthew Baker, by and through his counsel, Karl E. Rominger, Esquire, and in response to the Complaint avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Strict proof of the same is demanded at trial. 5. Denied. Strict proof of the same is demanded at trial. 6. Denied. Strict proof of the same is demanded at trial. 7. Denied. Strict proof of the same is demand at trial. 8. Denied. Strict proof of the same is demanded at trial. 9. Denied. Strict proof of the same is demanded at trial. WHEREFORE, Defendant demands Judgment in his favor and against Plaintiff. Defendant further requests that this Honorable Court dismiss the action against him with prejudice. Respectfully Submitted, Rominger & Whare Date: 4)u 2 Z0Dt0 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA ERIE INSURANCE COMPANY CIVIL ACTION - LAW A/S/O Hometown Carpentry, Inc. P.O. Box 4286 Bethlehem, PA 18018, Plaintiff V. NO. 2006-2408 MATTHEW BAKER 311 Allen Street Carlisle, PA 17013, Defendant VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Defendant Matthew Baker in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: k-?Do - Z + 2-ool Karl E. Rominger, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA ERIE INSURANCE COMPANY A/S/O Hometown Carpentry, Inc. P.O. Box 4286 Bethlehem, PA 18018, Plaintiff V. MATTHEW BAKER 311 Allen Street Carlisle, PA 17013, Defendant CIVIL ACTION - LAW NO. 2006-2408 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire Attorney for the Defendant, Matthew Baker, do hereby certify that I this day served copy of the within Answer to Complaint to the following via facsimile and by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Paul Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 Phone: 610.431.2727 Fax: 610.429.3750 Date: Mu , 2 , Z ®Q LO Respectfully Submitted, Rominger & Whare S;2-?-I E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff `- t, , .-a ?? _ ?? i='. a ? A? __c; ?.?, ;. •"? ,?9 -q " t: , r,.?. y, , r ? ..,. _. Erie Insurance Company IN THE COURT OF COMMON PLEAS OF A/S/0 Hometown Carpentry, Inc. CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-2408 CIVIL Matthew Baker 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: Paul J. Hennessy, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2,903.39 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: Paul J Hennessy, Esquire Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectf y su Pad' J. H essy, squire ORDER OF COURT AND NOW, foregoing petition, Esq., and actions) as prayed for. in consideration of the t" Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. .,.? 1`"'' ?? .?• -.... ? ? ?. A Erie Insurance Company IN THE COURT OF COMMON PLEAS OF A/S/0 Hometown Carpentry, Inc. CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-2408 CIVIL Matthew Baker 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: Paul J. Hennessy, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 2,903.39 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: Paul J. Hennessy, Esquire Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RespectfAy sup , foregoing petition, Esq., and 7 1 /.! actions) as prayed for. Esq., are appointed arbitrators in the above captioned action (or By a Court, (_&tA U4 P.J. ' i A Pa J. H essy, squire, ORDER OF COURT in consideration of the ?- Esq., rZD i 4 ;. p ti LL; red Cs ?OJ EA, Co' one. 81ci- P?' ?.?+,ol n p9 N c 0 -7J C7 n7 a^-- w --t / } t i .!-; {'c ? ? ?1 Wit, ro.n ?,.,,? Plaintiff 7 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 - 0a 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 Commonwe th and that we will discharge the duties of our office with fidelity. A. \_ JAM02 lt'v Signature Signa Si tune L S &oxer R Name (Chairman) l Name Name Pc f ?3 le Law Fir4i S 'S. (-42,,r-\av-e_-- . Address 40ji 4-- ukwt?& Law Firm 2" S -rv2 . Address J Law Firm Address (7()o I f/4 city, zip # 110AS cwl yc A (- city, zip lk ) ooaa City, zip # /aAjay 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.) IN a 4f 0 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: , T"( 10 ZDd - W5) Chairman) Date of Award: . 10 ZC0 7 ak"' Notice of Entry of Award ?. : . Now, the day of JuL" , 20 , at q:,M A M., the above award was entered upon the docket and notice thereo given by mail to the parties or their attorneys. Arbitrators!' to be paid upon appeal: $ 13-SO-00 compensation By: Prothonotary Deputy cop,io a? DID' proos " Vii' f _ ? -.7 Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 193 82 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Erie Insurance Company A/S/O Hometown Carpentry, Inc. Vs. Matthew Baker In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: 06-2408 Civil Term PRAECIPE TO REDUCE THE ARBITRATOR'S AWARD To the Prothonotary: Please reduce the Arbitrator's Award entered on July 10, 2007, in favor of Plaintiffs, Erie Insurance Company A/S/O Hometown Carpentry, Inc. and against, Matthew Baker Defendant(s) in the amount of $2,903.30 to judgment. J nnessy, Esquire ennessv v & Walker Plaintiff 7 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No._DL&_- 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 Commonwe th and that we will discharge the duties of our office with fidelity. L T M Signature Signs Si tore ?b b -Z,r' Ir CT , ??•e ' V Y?? ?.L V ° oJCJi1A?IV`?/( ? ? C.1? G 2,? 1,... Name (Chairman) l Name Name Law F' s S% Address +- Law Firm S . l?aru;?ce? . Address J Law Firm Address City, Zip city, Zip city, zip 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.) c. Vc? r e +? c?Ji ? ? i ? LLG<v?. Gt o•.1i •'15? -2 Q h ? o?, ? r 21? 2`?? t'?e Ut f??. ??n.?i•? IS r???e . Arbitrator, dissents. (Insert name if appli Date of Hearing: (D ?O67 .11,: Chairman) ?"p- " Date of Award: to Z- It 7 ?ti?h +1 1Tr '? 6t? Notice of Entry of Award Now, the 174h day of JuL" , 20 , at Q:3a , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 360. DD 111e,..,., ?? M MOM, By: i spa! rtise,. Prothonotary day 9 aoo 7 Erie Insurance Company A/S/O : In The Court of Common Pleas Hometown Carpentry, Inc. Cumberland County, Pennsylvania VS. Matthew Baker : Civil Action Law : No: 06-2408 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA: . SS. COUNTY OF CHESTER Paul J. Hennessy, Esquire, being duly sworn according to law, deposes and says that he represents the Plaintiff(s) in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff(s); and that the above named Defendant(s) is(are) unknown years of age; the address of Defendant(s) is 311 Allen Street, Carlisle, PA 17013; occupation of Defendant(s) is unknown; and Defendant is not in the Military Service of the United States nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and subscribed before me this g I-)Y day of 00y-V6 e- 2007. Public NOTARIAL SEAL THERESA S. CHUPLIS, Notsry Public W"t Chester Born„ Chester County n ? Q a m ` ..? 711 Lo -0 .z 25 V L f (RULE OF CIVIL PROCEDURE NO. 236) - REVISED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO: 06-2408 Civil Term Erie Insurance Company A/S/O Hometown Carpentry, Inc. VS. Matthew Baker NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. 5 ' 41 R THONOTARY u?g 10/11/07 If you have any questions concerning the above, please contact: Paul J. Hennessy, Esquire Attorney or Party Filing 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff Erie Insurance Company A/S/O Hometown Carpentry Inc. PO Box 4286 Bethlehem, PA 18018 VS Matthew Baker 311 Allen Street Carlisle, PA 17013 : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No: 06-2408 Civil Term AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER . ss. Paul J. Hennessy, Esquire, AIC, being duly sworn according to law, deposes and says the above captioned action was a motor vehicle accident. Paul J. H nnessy, Esquire Hennessy & Walker Sworn to and subscribed bef a me this /q 1-Y day of/.!/L,,,2007. 'ARY COMMONWEALTH OF PENNSYLVANIA iVOTA(Ai. SEA,. THERESA S. CHUPLIS. Notary Public West Gltg>gter Soro., Chester Countt'ynn Iftft- y,2 CJ i;? .. Q` V y r _, f N Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street ! West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Erie Insurance A/S/O Hometown Carpentry, Inc. 2200 W. Broad Street, P.O. Box 4286 Bethlehem„ PA 18018-0286 VS Matthew Baker Order to Satisfy To The Prothonotary: r°1!Ova28 RJ I:s? -Ul Attorney for Plaintiffs PEHNS'l' I ;JA. I' r-? :In The Court of Common Pleas :Cumberland County, Pennsylvania :Civil Action Law : No: 06-2408 Please mark the judgment on the above captioned case as Satisfied. The judgment amount has been paid in full. Paul J. Hennessy, Esquir ERIE-1047 It. QOPd A#J C? ?do7 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 i? I orT 23 FIi C Attorney for Plaintiffs E NN S Erie Insurance A/S/O Hometown Carpentry, Inc. 2200 W. Broad Street, P.O. Box 4286 Bethlehem„ PA 18018-0286 VS Matthew Baker Praeciae To The Prothonotary: In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: 06-2408 Please mark the above captioned case as Settled, Discontinued and Ended. Paul J. 14ennessy, Esquire ERIE-1047