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Home My WebLink About02-1662IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, Vo CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants. CASE NO: O~ --/(s,~,,~kx TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE Pa. I.D. #66096 WILLIAM T. MOLCZAN, ESQUIRE Pa I.D. ~47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02487191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants. NOTICE TO DEFEND 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 personally or by attorney and filing in writing with the court your defenses or objections 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 any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, Case No.: VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants. COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, by and through its counsel, Sherry D. Lowe, Esquire and WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendants, Cassandra Bacon and Dan Hixon a/k/a Daniel Hixon. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Cassandra Bacon (hereinafter referred to as "Defendant Owner"), is an adult individual with a last known address of 37 Dorset Avenue, Millville, New Jersey 08332. 3. Defendant, Daniel Hixon a/k/a Dan Hixon (hereinafter referred to as "Defendant Driver"), is an adult individual with a last known address of 1652 Treasure Lake, Box 196, Dubois, Clearfield County, Pennsylvania 15849. 4. Progressive issued a policy of insurance where Progressive agreed to insure a 1995 Kawasaki, VIN#48324893 ("Insured Vehicle"), owned by Plaintiff's insured, Jordan Deitch. 5. At all times mentioned herein, Progressive's insured was the owner of said Insured Vehicle. 6. At all times mentioned herein, it is believed and therefore averred that Defendant, Cassandra Brown, ("Defendant Owner") was the owner of a vehicle involved in an accident on April 7, 2000 ("Defendant Owner' s Vehicle"). 7. At all times mentioned herein, it is believed and therefore averred that Defendant, Daniel Hixon a/k/a Dan Hixon, ("Defendant Driver") was the driver of a vehicle involved in an accident on April 7, 2000. 8. On or about April 7, 2002, Defendant Driver negligently operated Defendant Owner's Vehicle causing damage to the vehicle owned and operated by Progressive's insured. 9. As a direct and proximate result of Defendant's contributory negligence, Progressive's insured suffered property damage in the amount of $5,769.17. 10. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $5,769.17, which represents the property damages sustained to its Insured's Vehicle. A true and correct copy of the record of the drafts paid by Progressive to and on behalf of its Insured is attached hereto as Exhibit "A" and made a part hereof. 12. 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 Defendant. 13. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendant the sum of $5,769.17. 14. Repeated demands have been made upon Defendant for payment of the aforesaid sum; however, Defendant has willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, demands Judgment against Defendants, Cassandra Bacon and Daniel Hixon a/k/a Dan Hixon, in the amount of $5,769.17 or, in the alternative, contributory damages in an amount to be determined by the Court and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molcz~, Esquire Pa I.D. # 47437 -- Sherry D. Lowe, Esquire PA I.D. # 66096 Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Bldg. 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02487191 VOID IF NO? ~RESENTED WITHIN 6 MO1Fi~ ~R DAT~ OF ISSUE ~0~y # I~sur~d Date Issued Ar~ Code D~a~ ~o~2~7.OOl DEI~C~ JO~Dm~ '~72~/~o00 ~s2 6~4~3~40 KINGDON DAVID 4/ 7/2000 PA PAY ~ mm~D ~PL~ TO KIN~ON 88 ~A Pay To Dollars $~******'3~:7.70** CODE 12PCL MEC~ANICSBLTR~ PA 17055 PROGRESSIVE NORTHEP. N INSUP. ANCE COMPDI~TY ~y NOT NE~TIARLE AUTHORIZED SIGNATURE ? ?O ~,6 ?Oil' REP ID :BDS0002 ORG CODE :30272 Form # 27130 - 02/90 SEVEN AND 84/100 · PR~sSI~ NOR~ INS~cE COMP~ TO A~: P.O. BOX 9600~ W~HINGTON DC 20090-6008 ~Y NOT NI~,C~TIABT.~'. AUTHORIZ~ID $'rGN.~TU~R ? ?0 ~ ?O,o ~P ID :~A0004 ORG CODE :302~2 For~ # 27130 ~ 02/90 02487191 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsificahon to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. "~ Williar~/r~. ~zan, Esquire PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff Vo : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : TO THE PROTHONOTARY: Please emer my appearance on behalf of Defendant, Cassandra Bacon, in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Doug~a~c~eli6, Esquire 305 Nql~lfFront Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Bacon Date: May 1, 2002 :166917.1 I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 1st day of May, 2002: William T. Molczan, Esquire Weltmata, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorney for Plaintif2') :166907.1 By: T~f~/~OMAS & HAFER, LLP ~o~glas B. PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 02-1662 : CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a&/a DANIEL HIXON, : Defendants : 1. Plaintiff filed a Complaint, a copy of which is attached hereto and made a part hereof as Exhibit "A" without admitting the truth thereof. 2. Plaintiff has named Cassandra Bacon as a Defendant in this action. 3. The sole allegation against Cassandra Bacon is that she was the owner of the vehicle involved in the accident of April 7, 2000 (PlaintiWs Complaint, ¶6 in which she is misnamed as Cassandra Brown). 4. Plaintiff fails to state a cause of action and fails to allege any act or omission of Ms. Bacon that would give rise to liability with regard to the allegations in the Complaint. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint. Date: May 1, 2002 :166903.1 By: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Douglas B~cello, Esquir 305 Noi~h From Street, 6 TM Fl. P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Bacon IN ~ COURT OF COMNION PLEAS OF CUMBEiLLAND COUNTY, PENNSYLVANIA CIVIL DrvISION PROI3KESSIVE INSUKANCE COMPANIES, S~btogee uf~%rdan De[tch, Plaintiff, CASSANDRA BACON AND DAN 141XON A,~K/A DAN~Er. itlXON, Dc['cndants. CASINO: o;~ - Ih. bP-- TYPE OF PLF. ADING: CO[FIPLAINT IN CTVII', ACTION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD O!~ Tt ils PAKTY; SI-IEKKY D. LOWE, F. gQUIRE P~. LD. #66096 W'ILI.TAM T. MOLCZ~, F~QUI~ P~ ID. ~437 ~'r~, ~ERO & ~IS CO., L.P.A. ~71 g Koppcr~ Building 436 Seven~ Avc~u~ Pit, burgh, PA 15219 (412) 43&7955 ~K ~02497101 COPY FRoM RE~ORO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ?ENNSYLVAlqIA clvrl., DIVISION PROGRESStVI5 INS~CE COMI'ANLES, Subrogcc orJord~n Deitch, Plaintiff, VS. CASSANDRA BACON AND DAN HIXON A/FdA DANIEL HIXON, Defendants. Case 'No.: NOTICe,,, TO DEFEND YOU HAVE BEEN SUED 1N COUKT. If you wish to defend against thc claims set fo~h in the follawing pages, you must take utltion within TWh'lqTY (20) days aRcr this complaint and notice arc served, by entering a wrlttcn"appcaranc¢ personalty Or by attom~.~' and filing.in writing With the court your defenses or objections to th~ '`laims s~t forth against you, YOu are warned {hat if you rail to do so the mac may proc~d without you and a judgment may be entered alfainst you by the court without further notice for any money claimgd in thc complaint or for any olher claim or relief requested by thc Pl'aintiffi You may los,' money or properbd or other rights important to you, YOU SHOUI.D TAKE TI.liE PAPER TO YOUR LAWYEII AT ONCE. IF YOU DO NOT IIAVE A LAWYER O11. CANNOT AVFORD ONE, OO TO OR, TEI.F. PHONE TIlE OFFICE SET FORTH BEI,OW TO FIND OUT WlIERE YOU CAN GET I.EGAL IIELP. LAWYER REFERRAL SERVICE C~iW~BEI~AND COUNTY BAR A$$OCIATIOIN *- L~TY A~NUE CARl,ISLE, PA 17013 (717) 249-31 66 IN TIlE COURT OF COMMON PLF-.,~ OF CUMBERLAND cOLrNTY, PENNSY~.VANIA CIVIL DIVISION PROGKES$IVI{, INSURANCE COMPANIES, Subro~ee of Jordan Deitch, Plaintiff, CASSANDRA BACON AND DAN HIXON A/K/A. DANIEL I4IXON, D~fcndants- C~se No.: COMI'I.IINI IN CIVIL ACTION AND NOW COMES, Plaintiff, Pro~r~ssivo Lnsuran~'o Companies, Subrogee of Jordan I~itoh, by and through its counsel, Sherry D. Lowe, Esquire and WELTMAN, WEINBER.r.i & REIS, CO., L.P.A., and hereby files this Complaint Itgainst Defendants, Casr, anctru Bacon and Dan Hixon ifflc/l,. Daniel Hixon. In Support thereof, Phlntitf svers as follows: Plainti[T, Progr,;asive Insurance Company ("Progt~ssiv¢"), is a corporation with a rpgisleted ofilcc located st P.O. Box 4325[q, Richmond Heights, Ohio. 2. Dcfcndaut, Cassandra Bacon (hcreinallcr r~ferrcd to as "r)ei~nd~mt Own~'r"), is an attult individual with a l.',st lmown address or 37 Dorset Avenue, Millville. New .lemey 08352. 3. De£endant. Daniel llixon s/k/a Dan Hiaon (h,rt:inat't~r rcffermd to as "Di;£endant Driver"), is ~l adult individual with a last known address o£ 1t~52 'rr~asu.m Lake, Box 196, Dubois, Clearfidd County, Pennsylvania 15849. 4. Progrpssi,~e issued a policy of i~.quranee where Progressive 8gt'egd to insure a 1995 Kawasaki, VIN#48~24893 ("Insut'ed Vehicle"), owned by Plaintiff's insured, Jordan Deiteh. 5, At all times m~ntloned herein, Progws.qive's insured wa.q th~ own. er or said Insur~l Vchlcle. 6. At -~il thnes mentioncd herein, it is believ~.'d sad ~her~fore averred that Defcn&nt, Cassandra Biown, ("Dci=d~nt O~ur") ~s ~e o~er of a vehicle i{~volved E an accident o~ April 7, 2000 O~er'~ 7. At a[[ Limes ~enQon~l her~, it i~ believed and {hero,ow ave~d that DeFendant, D~iel ~a Dan Hixo~, ("Def~dant Driver") wt~s the trivet ora vehicle involved in an accident on April 7, 2000. 8. On or abt~ut April 7, 2002, Defendant Driver n~g~tly opc~ted Defendant O~cr'~ Vehicle causing damage to the vehicle o~d ~d op~Tated by Pro~sive's ~sured, 9. ~ ~ direct ~d prong result of D~f~dant's ~on~buto~ neghgcnc=, ~o~essiv~'s i~ur~d suffe~d prop~y ~magg in th~ amour of $5,769.17. 10. Pursuant to ~e t~s and oonditions of ~o iosmncc po~y, Pro~gsive ~id $5,769.17, whigh ~senLg the prope~ damages s~cd m i~ ~ed'~ Vehicle. A ~e and co~cg~ oopy record of~e &aRs paid by Prog~i~e to ~d on behal~ofi~ Ins~ed is aRaoh~ h~reto ~ E~ibit "A" and made a par hereof, 12. Purs~nt to ~g i~urance policy issued b~ Pro.salve an6 as a rosull of said a~r~aid Proi~ssive ~cam~ s~brogated to ~ claim o~ iR Insured against Defen~t. 13. Pursing to Pro~ssi~'~ gght of subrogation, ~o~sivo is prcg~tly d~ and owed ~om Defendan~ ~he sum of $5,769.17, 14, Repoated d~ands have be~ made upon Defender for pa~ent or the afo~id sum; ~owcver, Defendi~nt has ~ll[uily ~ited and re~d to pay ~c sum due and owing ~ WI-IEI(h-FORE, pl.~intifl'~ Progressive Insure,ce Companies. Suhragce of J~rd-~n Deitch, ¢lem-~nds Sucl~;m¢~t -~§~i~.~t Dcl'enchnts. Csssandra Bacon and DsnieJ Hixou in thc ~ltcruafive, contributor~ dam'-,g~s in ~n smount to b~ determined by the Court and cos~. THIS JS AN ATI'EMPT TO COLI,ECT A DEBT AND ANY INFORMATION OBTAIN'ED SHALL BE USED I;OR THAT I'Ui~tPOSE- Rcspect£u]ly Submitted; 'WELTMAN, WEINBERO & REIS, CO., L.P.A. She~ D. Lowc, PA LD. ~ Wel~n, Wfiub~g & Reis, Co., 2718 K~s Bldg. 436 7a~ ~vcnue Pi~burg~ PA 1~219 (412) 434-79~5 ~02487191 The under, il,mod do~s hereby ,,;eri~ subject, to the p~;nalfies of 18 Pa.C,S. S~ction 4904 r~lat~ng to un.~wom hlsification to author[ti~, She is an attorney for the I~laintiff herein; make.~ thLq Vcrl fication baacd -pon the facts as supplied to her by thc [~lah~tiff and/or it.~ agents and b¢¢auee thc Plaindffls outsldc the jurisdiction of the court and the PI,qntifr's Voril'i~a~ion cam~ot be obtained within the time allowed ~or filing of th~.s pl,ading, and that th, ['acB set forth in the foregoing plcading ~e true and correct to thc b~st of her la~owledge, information and beliefi ,ay AI,~'OBOOZL~ nY NOT NEGOTIARLE AUTHORIZED SIGNATURE '~P-H) ' :BDS0002, ORG CODE :30272 I ~ ua~ To .* HOm~A ACC~.,~ ~Y~° '-~*-*:~ N.ati. onal City Bmik .NOT NEGOTIABLE 'I~_,P IT) :RLA0004 ORG CODE I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 1st day of May, 2002: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorney for Plaintif/) :166907.1 By: D/Suglas B. Marcello PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-1662 CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : AND NOW, this day of May, 2002, Defendant, Cassandra Bacon's Preliminary Objections are granted and Plaintiff's Complaint is dismissed. BY THE COURT: Jo PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW aYk/a DANIEL HIXON, : Defendants : AND NOW, this day of May, 2002, Defendant, Cassandra Bacon's Preliminary Objections are granted and Plaintiff's Complaint is dismissed. BY THE COURT: PROGKESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : AND NOW, this day of May, 2002, Defendant, Cassandra Bacon's Preliminary Objections are granted and Plaintiff's Complaint is dismissed. BY THE COURT: PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-1662 CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : AND NOW, this day of May, 2002, Defendant, Cassandra Bacon's Preliminary Objections are granted and Plaintiffs Complaint is dismissed. BY THE COURT: PROGRESSIVE INSURANCE COMPANIES, Subrogce of Jordan Deitch, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 ; CASSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : AND NOW, this day of May, 2002, Defendant, Cassandra Bacon's Preliminary Objections are granted and Plaintiff's Complaint is dismissed. BY THE COURT: PRAECIPE FOR ! JgTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. CASSANDRA BACON and DAN HIXON, affJa DANIEL HIXON, Defendants No.: 02-1662 Civil Dated: :166925.1 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant, Cassandra Bacon's Preliminary Objections to Plaintiff's Complaint. Identify counsel who will argue case: (a) For Plaintiff: Address: Wililam T. Molczan, Esquire 2718 Koppers Building 436 Seventh Avenue Philadelphia, PA 15219 (b) For Defendant: Douglas B. Marcello, Esquire (Cassandra Bacon) Address: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 I will notify all parties in writing within two days that this case has been listed for May 1, 2002 Argument Court Date: May 22, 2002 Dou~las~ello~quire I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 1st day of May, 2002: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorney for Plaintiff) :166907.1 ~T~ It~OMAS & HAFER, LLP By: /D / ouglas B. Marcello AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. CASSANDRA BACON and DAN HIXON, a/k/a DANIEL HIXON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 02-1662 : : CIVIL ACTION - LAW : 1. Plaintiff, Aaron S. Rohm, filed an action for personal injuries arising out of a motorcycle accident that occurred on or about April 7, 2000. 2. Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, has filed an action arising out of the same accident. The facts, circumstances and witnesses as well as the parties are the same for both actions. 4. at time of trial. WHEREFORE, Defendant, consolidate the aforesaid actions. Date: May 1, 2002 :166931.1 It would be judicially efficient to consolidate the actions, both for discovery and Cassandra Bacon, requests this Honorable Court to By: Respectfully submitted, T_HOMAS, THOMAS & HAFER, LLP Douglas B/'~ar-e/5Ilo, Es~ui, re 305 North~F'ront Street, 6 Fl. P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendant Bacon I certify that the foregoing documem in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 1st day of May, 2002: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (Attorney for Plaintifj) :166907.1 By: 16ouglas B. Marcello-"~ HAFER, LLP AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant PROGRESSIVE INSURANCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED IN THECOURT OFCOMMONPLEAS COMPANIES, Subrogee of Jordan Deitch, Plaintiff CASSANDRA BACON and DAN HIXON, a/k/a DANIEL HIXON, Defendants : CUMBERLAND COUNTY, pENNSYLVANIA : No.: 02-1662 / : : CIVIL ACTION - LAW : AND NOW, this ~ day of May, 2002, a Rule to Show Cause is hereby issued upon all other parties as to why the actions should not be consolidated. Rule returnable within .20 days-~t~· .t~.~,'t~ ' BY THE COURT: / PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitcb, Plaintiff Vo CASSANDRA BACON and DAN HIXON, a/k/a DANIEL HIXON, Defendants V. AARON S. ROHM Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 02-1662 : : CIVIL ACTION - LAW . : TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons to join the following as Additional Defendant in the above-captioned case: Aaron S. Robin, 2965 Enola Road, Carlisle, PA 17013. Counsel for the Plaintiffis: William T. Molc?an- Esquire, Wel~_ an- Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 Seventh ACenue, Pi~tsb~~- Date: May 13, 2002 // L/ ~ uglas B. Marcello, Esquire TO: Aaron S. Rohm YOU ARE NOTIFIED THAT Defendant, Cassandra Bacon HAS JOINED YOU AS AN ADDITIONAL DEFENDANT IN THIS ACTION, WHICH YOU ARE REQUIRED TO DEFEND. Date: :166904.1 Prothonotary, Civil Divisio~ I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 13th day of May, 2002: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (.~ttorney for Plaintif~ :166907.1 By: 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 717-237-7125 AARON S. ROHM, DAN HIXON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-7011 CIVIL ACTION - LAW JURY TRIAL DEMANDED PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff CASSANDRA BACON and DAN HIXON a/k/a DANIEL HIXON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 02-1662 CIVIL ACTION - LAW PLAINTIFF AARON S. ROHM'S ANSWER TO PETITION TO CONSOLIDATE ACTIONS. l. Admitted. 2. Denied. After reasonable investigation, Plaintiff Aaron S. Rohm is without knowledge or information sufficient to form a belief as to the truth of this averment. 3. Denied. As is evidenced by the caption of the two actions, the parties are not the same for both actions. After reasonable investigation, Mr. Rohm is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph. 4. Denied. For reasons set forth in new matter hereinafter, this averment is denied. WHEREFORE, Plaintiff Aaron S. Rohm requests that the Petition to Consolidate Actions be denied. NEW MATTER. 5. Paragraphs 1 through 4 are realleged and incorporated herein. 6. Until Mr. Rohm was served on May 10, 2002 and received on May 13, 2002 the rule to show cause regarding consolidation, Mr. Rohm was unaware that Progressive Insurance Companies had filed an action to No. 02-1662. 7. The petition to consolidate actions does not include pleadings from either action, nor does it include even the briefest description of the claim filed by Progressive Insurance Companies. 8. There is nothing in the Petition to Consolidate Actions which would indicate that the facts, circumstances and witnesses are the same for both actions. 9. Mr. Rohm has not been provided with any pleadings, discovery, or any other documentation pertaining to the action filed by Progressive. 10. Mr. Rohm has no knowledge or information regarding the action filed by Progressive and accordingly, is unable to provide the Court with specifics as to why the two actions should not be consolidated. WHEREFORE, Plaintiff Aaron S. Rohm requests that the Petition to Consolidate Actions be denied. WAGMAN KREIDER & WRIGHT Da~d A Krexder, Atto~heYs for Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct.ID. No.: 38022 CERTIFICATE OF SERVICE I hereby certify that I have this day served a tree and correct copy of the foregoing Plaintiff Aaron S. Rohm's Answer to Petition to Consolidate Actions upon the person set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WAGMAN KREIDER & WRIGHT David A Kre~der, Attorneys fo Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 PRAECIPE FOR I,I~TING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. : IN THE COURT OF COMMON PLEAS AARON S. ROHM, Plaintiff, V. DAN HIXON, Defendant PROGRESSIVE INSURANCE : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-7011 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS COMPANIES, Subrogee of Jordan Deitch, Plaintiff ; V. _. C~SSANDRA BACON and DAN HIXON,: CIVIL ACTION - LAW a/k/a DANIEL HIXON, : Defendants : V. AARON S. ROHM : Additional Defendant : State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): : CUMBERLAND COUNTY, pENNSYLVANIA : No.: 02-1662 ~ Defendants' Petition to Consolidate Actions. Identify counsel who will argue case: (a) For Plaintiff CRohm): David A. Kreider, Esquire Address: 222 East Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 For Plaintiff (Progressive): Address: Sherry D. Lowe~ Esquire 2718 Koppers Building 436 Seventh Avenue Philadelphia, PA 15219 argument. Dated: :166925.2 (b) For Defendant: Douglas B. Marcello, Esquire (Hixon and Bacon) Address: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 I will notify all parties in writing within two days that this case has been listed for Argument Court Date: July 24, 2002 May 29,2002 ~~~e...~,, ~- '- I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 29~h day of May, 2002: David A. Kreider, Esquire Wagman, Kreider & Wright 222 E. Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 (Counsel for .Plaintiff) Sherry D. Lowe, Esquire Weitman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA~ 15219 (Jfttorney for Plaintiff Progressive Insurance Companies) :157592.1 THOMAS, THOMAS & HAFER, LLP SHERIFF'S RETURN - CASE NO: 2002-01662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE INSURANCE COMPANIE VS BACON CASSANDP~A ET AL OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HIXON DAN A/K/A DANIEL HIXON but was unable to locate Him in his bailiwick. deputized the sheriff of CLEARFIELD County, serve the within WRIT TO ADD'L DEFEN. He therefore Pennsylvania, to On May 21st , 2002 attached return from CLEARFIELD this office was in receipt of the Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Clearfield Co 51.39 .00 88.39 05/21/2002 R./Thomas Klin~_~ Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this ~. day of J~_~__~ A.D. Prothonotary In The Court of Common Pleas off.~3em~fi~dd County, Pennsylvania Sheriff Docket # 12370 PROGRESSIVE INSURANCE COMPANIES 02.1662 civil term vs. BACON, CASSANDRA al COMPLAINT SHERIFF RETURNS NOW MAY 14, 2002 AFTER DILIGENT SEARCH IN MY BAILIWICK I RETURN THE WITHIN COMPLAINT "NOT FOUND" AS TO DAN HIXON A/K/A DANIEL HIXON, DEFENDANT. SEVERAL ATTEMPTS NOT HOME. Return Costs Cost Description 51.39 SI-IFF. ItAWKINS PAID BY: CUMBERLAND CO. SHFF. Sworn to Before Me This ]~-]-/]./Day Of ~2002 Prothonotary My Commission Expires 1st Monday in Jan 2006 Cleadield Co., C[~: ~id, PA So Answers, Sheriff Page 1 of I Return this form to O_,nberland County Sheriff's office. · In ~he CoUrt of Common Pleas of Cumberland County, Pennsylvania Progressive Insurance Ccmpanies VS. Cassandra Bacon et al SERVE: Dan Hixon a/k/a Daniel Hixon NO. 02 1662 civil Now, April 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and SUbscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: SHERRY D. LOWE, ESQUIRE Pa. I.D. #66096 WILLIAM T. MOLCZAN, ESQUIRE Pa I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02487191 TRUE COPY FROM RECORD IR Tes~.~,m~/~here~f, I hera u~o ~t my hand IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, VS. CASSANDRA BACON AND DAN HLXON A/K/A DANIEL HIXON, Defendants. Case No.: NOTICE TO DEFEND 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 personally or by attorney and filing in writing with the court your defenses or objections 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 any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deiteh, Plaintiff, Case No.: VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants. COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, by and through its counsel, Sherry D. Lowe, Esquire and WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendants, Cassandra Bacon and Dan Hixon a/k/a Daniel Hixon. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Cassandra Bacon (hereinafter referred to as "Defendant Owner"), is an adult individual with a last known address of 37 Dorset Avenue, Millville, New Jersey 08332. 3. Defendant, Daniel Hixon a~k/a Dan Hixon (hereinafter referred to as "Defendant Driver"), is an adult individual with a last known address of 1652 Treasure Lake, Box 196, Dubois, Clearfield County, Pennsylvania 15849. 4. Progressive issued a policy of insurance where Progressive agreed to insure a 1995 Kawasaki, VINg48324893 ("Insured Vehicle"), owned by Plaintiff's insured, Jordan Deitch. 5. At all times mentioned herein, Progressive's insured was the owner of said Insured Vehicle. 6. At all times mentioned herein, it is believed and therefore averred that Defendant, Cassandra Brown, ("Defendant Owner") was the owner of a vehicle involved in an accident on April 7, 2000 ("Defendant Owner's Vehicle"). 7. At all times mentioned herein, it is believed and therefore averred that Defendant, Daniel Hixon a/kYa Dan Hixon, ("Defendant Driver") was the driver of a vehicle involved in an accident on April 7, 2000. 8. On or about April 7, 2002, Defendant Driver negligently operated Defendant Owner's Vehicle causing damage to the vehicle owned and operated by Progressive's insured. 9. As a direct and proximate result of Defendant's contributory negligence, Progressive's insured suffered property damage in the mount of $5,769.17. 10. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $5,769.17, which represents the property damages sustained to its Insured's Vehicle. A true and correct copy of the record of the drafts paid by Progressive to and on behalf of its Insured is attached hereto as Exhibit "A" and made a part hereof. 12. 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 Defendant. 13. Pursuant to Progressive's fight of subrogation, Progressive is presently due and owed from Defendant the sum of $5,769.17. 14. Repeated demands have been made upon Defendant for payment of the aforesaid sum; however, Defendant has willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff, Progressive Insurance Companies, Subrogee of Jordan Deitch, demands Judgment against Defendants, Cassandra Bacon and Daniel Hixon a/k/a Dan Hixon, in the amount of $5,769.17 or, in the alternative, contributory damages in an amount to be determined by the Court and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. Sherry D. Lowe, Esquire PA I.D. # 66096 Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Bldg. 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR.#02487191 'Cimim.% Insur6d [ DaZe Issued [ Area Coda tDraf~ DRITCH, JOP. DA~ ] ~/21/2066 252 ~er 416852326 KIN~DON DAVIn ¢/ ?/~000 PA PA:midrib PAY ~ ~p~m F~FrZ S~ ~ V0/~00 in,~ Paymen~ ~f 56-3~9 Dotl~rs ~*'~**~*'35~. 70'* CODE 12PCL NatiOnal City Bank ~SHLAND~ PROG~ESSiVE NORTHEP. N INSURANCE COMPANY ~¥ NOT NEGOTIABLE AUTHORIZED S I ~NATURE ? ?0 ~ ?O"' REP ID :BDS0002 ORG CODE :30272 Form # 27130 - 02/90 Dollars $*****'4~ 177.8~** P,~,, t~o.~h National City Bank Pay ~2co XNZ~C~ aS mm~o~ ':0 L, i, ;~D ~,.o, q AUTHORTZ~D STGNATu~E- ? ?0 ~'8 ?Off' REP ID :RLA0004 ORG CODE :30272 Form # 27130 - 02/$0 02487191 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiffand/or its agents and because the Plaintiffis outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. Williar~l': M SHERIFF'S RETURN - REGULAR CASE NO: 2002-01662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE INSUR3kNCE COMPANIE VS BACON CASSANDRA ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon ROHM AARON S the ADD'L DEFENDANT, at 1948:00 HOURS, on the 21st day of May at 2965 ENOLA ROAD , 2002 CARLISLE, PA 17013 by handing to AARON S ROHM a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 3~ day of ~ Prot~'not ary ' R. Thomas Kline 05/29/2002 THOMAS THOMAS HAFj~ Deputy~Sh~-~i f f 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AARON S. ROHM V. DAN HIXON Civil Action No.: CI-01-71C,C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff V. CASSANDRA BACON and DAN HIXON, aIk/a DANIEL HIXON · Civil Action : : No.: CI-02-1662 PRAECIPE Plaintiff Aaron Rohm withdraws his objections to the motion for consolidation of the above two captioned cases· WAGMAN KREIDER & WRIGHT David A. Kreider, -Affomeys for Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 CERTIFICATE OF SERVICE. I hereby certify that I have this day served a tree and correct copy of the foregoing Praecipe upon the persons set forth below and in the manner indicated: First class mail, postage prepaid: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Sherry D. Lowe, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 James G. Nealon, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Date: -~N KREIDER & WRIGHT Dav~ A. Kreider, At~omCy,~_Ior Plaintiff Aaron S. Rohm 222 E. Orange Street, P.O. Box 1522 Lancaster, PA 17608-1522 (717) 397-7000 S.Ct. ID. No.: 38022 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff No. 02-1662 VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON Defendants AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JEFFREY S. GOLEMBIEWSKI, ESQUIRE PA I.D.#64373 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02487191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff No. 02-1662 VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON Defendants AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared Jeffrey S. Golembiewski, Esquire, who, being duly sworn according to law, deposes and says that on April 4, 2002, he did cause to be sent to Defendant, Cassandra Bacon, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at her last known address of 37 Dorset Avenue, Millvulle, NJ 08332. A true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "1" and made a part hereof. Service is deemed to be perfected as of April 13, 2002, the date of delivery. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subsc~d before ~tBs~ JEFFR¢:'¢'~. ~OLEMBIEWSKI, ESQUIRE PA I.D.#64373 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02487191 · Complete items 1, 2, Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Articte Addressed to: C, Signature X ~"~'~--~'., ~ ~2 ~,.. ~ - i-I Agent [] Addressee D. Is delivery address different f~orn item 1 ? [] Yes If YES, enter delivery address below: I'-I No 3..~ _ ice Type er~ified Mail [] Registered [] Insured Mail [] Express MaiJ [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 381 1, March 2001 Domestic Return Receipt 102595-01-U-1424 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff No. 02-1662 VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON PETITION FOR ALTERNATE SERVICE AS TO DAN HIXON Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: GERIANNE HANNIBAL, ESQUIRE PA I.D.#66622 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02487191 NOTICE OF PRESENTATION TO: Dan Hixon a/k/a Daniel Hixon 1652 Treasure Lake Dubois, PA 18501 Kindly take notice that the within Petition for Alternate Service will be~resent/e~l Judge, Cumberland County Courthouse. ///~ Atto-"me~y ~r- Plaintiff~v to the Motions CERTIFICATE OF SERVICE The undersigned qertifies that a true and correct copy of the within Petition for Alternate Service was served on the ~'-*h day of ~--~--¢~e.~K,,-- ,20~, by first class, U.S. Mail, postage-prepaid, addressed as follows: ' Dan Hixon a/k/a Daniel Hixon 1652 Treasure Lake Dubois, PA 18501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON Defendants No. 02-1662 PLAINTIFF'S PETITION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and petitions this Honorable Court to enter an Order allowing service upon Defendant, Dan Hixon a/k/a Daniel Hixon, by Certificate of Mailing Postal Form 3817, postage prepaid, addressed to 1652 Treasure Lake, Dubois, PA 18501, averring in support of the following: 1. On or about April 4, 2002, Plaintiff filed a Complaint in Civil Action against Defendant in the amount of $5,769.17 together with continuing interest thereon at the rate of 6% per annum from the date of judgment and costs. 2. When the Sheriff of Clearfield County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, indicating that after a diligent search consisting of several attempts, Defendant was not home, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 1652 Treasure Lake, Dubois, PA 18501. A true and correct copy of Plaintiff's Postal Request is attached hereto, collectively marked as Exhibit "2", and made a part hereof. 5. Plaintiff contacted the Clearfield County Directory Assistance, a representative from which could neither confirm nor provide a current address for Defendant. 6. Plaintiff contacted the Clearfield County Tax Assessment office, a representative from which could not confirm Defendant's current physical address. 7. Plaintiff contacted the Clearfield County Voter Registration office, a representative from which indicated that Defendant is not registered to vote in Clearfield County, and therefore could not confirm an address. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WHEREFORE, Plaintiff respectfully requests this Honorable Court permit Plaintiff to serve Defendant, Dan Hixon a/k/a Daniel Hixon, with the Complaint in Civil Action by permitting the Plaintiff to mail a copy of the Complaint in Civil Action to Defendant at his last known at, dress being]1652 Lake, Dubois, PA 18501 by Certificate of Mailing Pos~-~817, po~ prepaid.[ f! GE~ANNE HANNIBAL, ESQUIRE PA I.D.#66622 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Treasure SHERIFF'S RETURN - OUT OF COUNTY ~ASE NO: 2002-01662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE INSURANCE COMPANIE VS BACON CASSANDRA ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HIXON DAN A/K/A DANIEL HIXON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CLEARFIELD County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On May 21st , 2002 , this office was in receipt of the attached return from CLEARFIELD Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Clearfield Co 51.39 .00 88.39 R."Thomas Kline~__ Sheriff of Cumberland County 05/21/2002 WELTMAN WEINBERG REIS Sworn and subscribed to before me this day of A.D. Prothonotary In The Court of Common Pleas of Cd~ County, Pennsylvania Sheriff Docket # 12370 PROGRESSIVE INSURANCE COMPANIES 02.1662 civil term VS. BACON, CASSANDRA al COMPLAINT SHERIFF RETURNS NOW MAY 14, 2002 AFTER DILIGENT SEARCH IN MY BAILIWICK I RETURN THE WITHIN COMPLAINT "NOT FOUND" AS TO DAN HIXON A/K/A DANIEL HIXON, DEFENDANT. SEVERAL ATTEMPTS NOT HOME. Return Costs Cost Description 51.39 SHFF. HAWKINS PAID BY: CUMBERLAND CO. SHFF. Sworn to Before Me This J~-~/(]fl~ay Of ~__/~2002 dF.i'd. Prothonotary My Commission Expires 1st h~,onday in J[n. 2006 Cleerfield Co., Ci~.: ~;~:. PA So Answers, Sheriff Page I of I Return this form to C~nberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, PennsylVania Progressive Insurance Companies VS. Cassandra BacOn et al SERVE: Dan Hixon a/k/a NO. 02 Daniel Hixon 1662 civil ]~OW, April 9, 2002 . , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Shefiffof Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Iq'OW, within Affidavit of Service ~20 .,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and Subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MI1.EAGE AFFIDAVIT County, PA WELTMAN, WEINBERG & REIS Co., L.P.A. ATTOI~NEYS AT LAW 2718 Koppers Building CLEVELAND 436 Seventh Avenue 216.685.1000 Pittsburgh, PA 15219 412.434.7955 COLUMBUS www.weltman.com 614.228.7272 CINCINNATI 513,723.2200 DETROIT 248,362.6100 WILLIAM T. MOLCZAN 412.434.7955 Fax 412.434.7959 wmolczan~}weltman.com Postmaster Dubois, PA 18501 July 18, 2002 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the folloxving: Name: Dan Hixon Address: 1652Treasure Lake,.Box 196 - Dubois, PA 18501 NOTE: The name and last 'known address are required for change of address intbt-mation. The name, ifknoxvn, and post office box address are required for boxholder infom~ation. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester: William T. Molczan~ Esquire, Attorney for Plaintiff~ Progressive Insurance Companies 2. Statute or regulation that empowers me to serve process: N/A 3. The names of all known parties to the litigation: Dan Hixon and Cassandra Bacon 4. The Court in which the case has been or ~vill be heard: Court of Common Pleas of Clearfield County 5. The docket or other identifying number if one has been issued: The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTIAN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFOMRATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION I001). July 18, 2002 Page 2 I certify that the above information is rote and that the address infomaation is needed and will be used solely for service of legal process in connection ~vith actual or prospective litigation. Jamie N. Miller, Paralegal WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Address Pittsburgh~ PA 15219 City, State, ZIP Code FOR POST OFIFCE USE ONLY BOXHOLDER'S POSTIVlARK Not known at address given. Moved, left no forward address. __No such address. No change of address on file. xGOOd as Addressed. PLEASE INDICATE PHYSICAL ADDRESS NEW ADDRESS or NAME aud STREET ADDRESS WWRg02487191 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff VS. CASSANDRA BACON AND DAN HIXON NWA DANIEL HIXON Defendants No. 02-1662 AFFIDAVIT Gerianne Hannibal, being first duly sworn according to law deposes and says that she is an attorney for the Plaintiff, authorized to make this Affidavit; that she, and not the Plaintiff makes this affidavit because she, and not the Plaintiff has first hand knowledge of the facts set forth in the foregoing Petition for Alternate Service which are true and correct to the best of her knowledge, information and belief. ! Wherefore, affiant requests that this Court enter an Order for alt~nate servib, e My Commissio~ F_x, pires July 15, L:~06 Attorney for Plaintiff Sworn to, and subscribed before me / _ _ this ~ day of 20 .,.")~;) . requested. IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JORDAN DEITCH Plaintiff VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON Defendants No. 02-1662 ORDER OF COURT AND NOW, to-wit, this day of ,20 , upon consideration of the foregoing Petition for Service Pursuant to Special Order of Court and its attached supporting affidavit, it is hereby ORDERED, ADJUDGED and DECREED, that the service of the Complaint in Civil Action may be made on Defendant, Dan Hixon a/k/a Daniel Hixon, by permitting the Plaintiff to mail a copy of the Complaint in Civil Action to the Defendant at his last known address being 1652 Treasure Lake, Dubois, PA 18501 by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff Vo CASSANDRA BACON AND DAN HIXON, a/k/a DANIEL HIXON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1662 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of September, 2002, upon consideration of PlaintiWs Petition for Alternate Service, the motion is granted in that service may be made upon Defendant Dan Hixon, a/k/a/Daniel Hixon, by: 1. First class and certified mail to Defendant at his last known address, with service being considered complete upon mailing; 2. Publication of notice once circulation in Clearfield County; and 3. Publication of notice once circulation Journal. in a newspaper of general in a newspaper of general in Cumberland County and in the Cumberland Law BY THE COURT, J~ey Oler~) ,,,Geriane Hannibal, Esq. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff ,,~Douglas B. Marcello, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendant Bacon ~ Dan Hixon 1652 Treasure Lake Dubois, PA 18501 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, VS. Plaintiff, CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, Defendants, VS. AARON ROHM, Additional Defendant. No. 02-1662 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE Filed by plaintiff counsel Gerianne Hannibal Esquire PA ID 66622 (412) 434-7955 Weltman Weinberg & Reis Co LPA 2718 Koppers Building 436 7th Ave Pittsburgh PA 15219 WWR #02487191 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jordan Deitch, Plaintiff, VS. CASSANDRA BACON AND DAN HIXON A/K/A DANIEL HIXON, VS. AARON ROHM, Defendants, Additional Defendant. No. 02-1662 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the docket settled, discontinued, and ended with prejudice in the above- captioned action. W~vlAN, WEIN~RG & REI~/~O., L.P.A. / ~:~erR3ANNE H~BAL / PA I.D. ~66622 Weltman, Weinberg & Reis Co./L.P.A. 2718 Koppers Building 436 Seventh Avenue Pi~sb~gh, PA 15219 (412) 434-7955 WWR ~02487191 YVRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1669 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PPL ELECTRIC UTILITIES CORPORATION, Plaintiff (s) From DAVID PEPPERMAN AND KATHY PEPPERMAN, 25 N. 17TM STREET, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PENNSYLVANIA STATE BANK, 2148 MARKET STREET, CAMP HILL, PA, 17011 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6061.51 Interest FROM 2/26/02 Atty's Comm % Atty Paid $32.25 Plaintiff Paid Date: DECEMBER 23, 2002 (Seal) REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court 1D No. 07172 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon~ Deputy R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 121.24 Advertising Law Library .50 Prothonotary 1.00 Mileage 20.70 Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 TOTAL $ 250.44 Advance Costs: 250.44 Sheriff's Costs: 250.44 $ 000.00 Refunded to Atty on 10/09/03 Sworn and Subscribed to before me This ,133&lay of~__ So Answers; By Claudia A. Brewbaker