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Home My WebLink About07-0144PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 vs. NO. 0 7 - NY TINA RENNINGER 1341 KINER BLVD. CIVIL ACTION 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 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 RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PAUL F. D-EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 VS. NO. 07 -Iqy r TINA RENNINGER 1341 KINER BLVD. CIVIL ACTION CARLISLE PA 17013 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE COMPLAINT The Plaintiff, Erie Insurance Group by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: The Plaintiff, Erie Insurance Group is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 4901 Louise Drive, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Shawn Good and Michelle Good, ("Insured") under a policy of insurance # Q081507702, issued by Plaintiff. 2. The Defendant, Tina Renninger, is an individual residing at 1341 Kiner Blvd., Carlisle, PA 17013. 3. On or about August 4, 2005, Plaintiff's Insured was traveling on Walnut Bottom Road, Carlisle, PA when a motor vehicle owned Penrac, Inc. and rented by the Defendant, Tina Renninger and operated by Kevin Myers struck the Insured's vehicle in the rear causing the damages herein after mentioned. 4. Plaintiff avers that the motor vehicle of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Five Thousand Eight Hundred Four and 07/100 ($5,804.07) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of Six Thousand Three Hundred Four and 07/100 ($6,304.07) Dollars. 5. The said occurrence was do to the negligence of the Defendant, Tina Renninger, in that she: a. entrusted the vehicle to an operator for use when she knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the vehicle properly; b. negligently entrusted the vehicle to a person which she knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust the motor vehicle to another person who she knew, should have known or in the exercise of due care would have known would cause damages to another; d. negligently entrusted the vehicle to a person known, should have known or in the exercise of reasonable care could have known, was going to drive the vehicle in an improper, dangerous or reckless manner; e. negligently entrust the motor vehicle to another person who she knew, should have known or in the exercise of due care would have known was an authorized driver of the vehicle; and f. negligently entrust the motor vehicle to another person who she knew, 2 should have known or in the exercise of due care would have known did not maintain financial responsibility. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. L UL F. ILIO, QUIRE ATTORNEY FOR PLAINTIFF 3 VERIFICATION I, Bobbi Maerkl, Claim Representative for Erie Insurance Group, PLAINTIFF in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: LL4- Bobbi Maerkl 4 Lr? co Wi q CT1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, NO. 07-144 Plaintiffs, PRAECIPE FOR APPEARANCE V. TINA RENNINGER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. (Jury Trial Demanded) TINA RENNINGER, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Tina Renninger, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SAEEL, L.I.R. By: Kevin-D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of January, 2007. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 SUMMERS, McDONNELL, HUDOCK, GUTHRIE "KEEL, L.L.R. By: _ Kevin D. Rauch, Esquire Counsel for Defendant C`? ,- ?_ ?T? -,-? ?, ? ;? C..:.? ?_ ?,... ._, - { l . ? _ _. CJ ..,ti __7_'? >, ? ii1 yE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, CIVIL DIVISION NO. 07-144 ANSWER AND NEW MATTER V. TINA RENNINGER, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. L,_, )_ Q Q., A14.1. `_NA--- Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. (Jury Trial Demanded) TINA RENNINGER, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Tina Renninger, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After a reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments. Therefore, said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part, denied in part. It is admitted that the Defendant, Tina Renninger, is an individual residing at 1341 Kiner Boulevard, Carlisle, Pennsylvania. It is denied that the Defendant's zip code is 17013. To the contrary, The Defendant's zip code is 17015. 3. After a reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments. Therefore, said averments are denied and strict proof thereof is demanded at the time of trial. 4. After a reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments. Therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. a. Denied. It is specifically denied that Defendant, Tina Renninger, lent the rented vehicle to Kevin Myers. To the contrary, Kevin Myers operated the motor vehicle without the permission of Ms. Renninger. b. Paragraph 5b states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. C. Paragraph 5c states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. d. Paragraph 5d states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. e. Paragraph 5e states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. f. Paragraph 5f states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Tina Renninger, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 6. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 7. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 8. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 9. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Tina Renninger, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: V" Dk QZ.-4-3-% Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?ebK Tina Renninger #15236 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3 day of February, 2007. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. I L, _;?) I\C? By: Kevin D. Rauch, Esquire Counsel for Defendant c? r- ? ? o -n rTl rn- tv PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD VS. NO. 07-144 TINA RENNINGER : CIVIL ACTION REPLY TO NEW MATTER Plaintiff, by its attorney, Paul F. D'Emilio, Esquire, replies to the New Matter of the Defendant and set forth as follows: 6-9. Denied. The allegations are conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. Furthermore, the allegations contain conclusions of fact and the material facts upon which they are based are not pleaded with particularity as required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that the New Matter filed by the Defendant be stricken. Respectfully Submitted. guaA, ' , ' Paul F. D'Emilio, Esquire Attorney for Plaintiffs 905 W. Sproul Road Suite 105 Springfield, PA 19064 (610) 338-0338 VERIFICATION Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-captioned matter verifies that the facts contained in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE:_ S W17 Paul F. D'Emilio Attorney for Plaintiff i PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF SHAWN GOOD AND MICHELLE GOOD : COMMON PLEAS COURT OF : CUMBERLAND COUNTY VS. : NO. 07-144 TINA RENNINGER : CIVIL ACTION CERTIFICATE OF SERVICE I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter in the above-entitled matter has been served upon the following person on the,;lL_ day of March, 2007 by first-class U.S. Mail, postage prepaid: John A. Lucy, Esqurie Summers, McDonnell, Hudock Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 aul F. D'Emilio, Esquire Attorney for Plaintiff C? ? ? ?? ? ? - ? ? -s, ' t' ` ? •? . _r? ' r}? -` 'i?-?t t' ? 4 ?? " , .? ..r SHERIFF'S RETURN - REGULAR CASE NO: 2007-00144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS RENNINGER TINA MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RENNINGER TINA the DEFENDANT , at 2009:00 HOURS, on the 19th day of January-, 2007 at 1341 KINER BLVD CARLISLE, PA 17013 TINA RENNINGER 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 5.28 Affidavit .00 Surcharge 10.00 .00 33.28 aq.0"? Sworn and Subscibed to I p0 before me this day by handing to So Answers: R. Thomas Kline 01/22/2007 PAUL DEMILIO j y. B Deputy Sheriff of A. D. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, V. CIVIL DIVISION NO. 07-144 PETITION FOR LEAVE TO WITHDRAW AS COUNSEL TINA RENNINGER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I.D. #203948 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. (Jury Trial Demanded) TINA RENNINGER, Defendant. PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes the Petitioner, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., by Kevin D. Rauch, Esquire, seeking leave with this Honorable Court to withdraw as counsel for Defendant and avers as follows: 1. This personal property damage claim arises out of a motor vehicle accident which occurred on August 4, 2005, on Walnut Bottom Road in Cumberland County, Carlisle, Pennsylvania. 2. As a result of this collision, Erie Insurance Group (Hereinafter "Erie"), as subrogee of Shawn Good and Michelle Good, filed a Complaint and averred that as a result of the collision, their insureds incurred costs of repairs in the amount of $5,804.07, as well as a deductible of $500 for a total of $6,304.07. 3. As a result of this Complaint, State Farm Insurance Company (Hereinafter "State Farm") hired the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., ("hereinafter "Summers McDonnell") to defend the interest of their insured, Tina Renninger. 4. On or about January 31, 2007, Summers McDonnell filed a Praecipe for Appearance on behalf of the Defendant, Tina Renninger. 5. On or about February 23, 2007, the Defendant filed an Answer and New Matter to Plaintiffs Complaint. 6. On or about March 9, 2007, State Farm Insurance Company issued a letter to their insured which indicated that coverage may not be available and that they were in the process of reviewing the same. Additionally, State Farm Insurance Company reserved their right, under the policy, to deny coverage in its entirety. (See Letter dated March 9, 2007 attached hereto as Exhibit "A.") 7. On April 17, 2007, the Defendant, Tina Renninger, was informed by State Farm that she did not have coverage for the above referenced accident. (See letter dated April 17, 2007, attached hereto as Exhibit "B.") 8. Further, in State Farm's letter of April 17, 2007, State Farm Insurance Company declined to pay for any additional services performed by Summers McDonnell. However, it was noted that the Defendant had the option to retain the services of Summers McDonnell to continue to defend her in this matter, at her own cost. 9. Upon receipt of the April 17, 2007 letter, Defense Counsel attempted to contact the Defendant, Tina Renninger, via phone to no avail. 10. On June 13, 2007, Attorney John Lucy attempted to contact the Defendant Tina Renninger via letter. In this letter, Attorney Lucy urged the Defendant, Tina Renninger, to contact the law firm of Summers McDonnell and inform them of her intention to continue to retain their services. (See letter dated June 13, 2007, attached hereto as Exhibit "C.") 11. The Defendant, Tina Renninger declined to respond to counsel's letter of June 13, 2007. As a result, Defense Counsel attempted to contact Ms. Renninger by telephone, to no avail. 12. On July 16, 2007, Defense Counsel sent a second follow-up letter to Ms. Renninger which reiterated that State Farm Automobile Insurance had withdrawn coverage regarding the above-referenced matter and urged Ms. Renninger to contact the law firm immediately. (See letter dated July 16, 2007, attached hereto as Exhibit 11D.") 13. On or about July 22, 2007, Ms. Renninger contacted the law firm of Summers McDonnell and indicated that she did not wish to continue with the retention of their services. Despite Ms. Renninger's desire to dissolve this relationship, and her indication that she did not desire outside counsel, Summers McDonnell granted Ms. Renninger time to either reconsider or seek substitute counsel. 14. Defense Counsel has given Ms. Renninger thirty (90) days to reconsider her decision; however, it appears that Ms. Renninger has decided not to continue with the services of this law firm. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Defendant and allow Petitioner to withdraw his appearance as counsel in the above-captioned matter. Respectfully submitted, SUMMERS, MgbONNELLfHUDOCK, GUTHRIE & EEL, L.L By: J n . Lucy squire unsel for efendant State Farm Insurance March 9, 2007 Companies *** CERTIFIED MAIL - RETURN RECEIPT REQUESTED *** Tina A Renninger 1341 Kiner Blvd Carlisle, PA 17015-9733 RE: Policy Number: Claim Number: Date of Loss: our Insured: Dear Ms. Renninger: 6399-407-38L 38-L156-412 August 4, 2005 Tina A. Renninger I ?? (a STATE FARM INSURANCES State Farm Insurance 555 Southpointe Blvd. 4th Floor Canonsburg, PA 15317 We have received notification of an incident alleged to have occurred on or about August 4, 2005 at Walnut Bottom Rd, Carlisle, Pa. State Farm Mutual Automobile Insurance Company may have no duty to pay, indemnify, defend, or otherwise perform under the policy referenced above because: It is questionable whether the provisons of the policy concerning the reporting of a claim or suit have been violated by failure to immediately forward to the company every demand, notice of claim, summons or other process received by you or your representative. It is also questionable whether the vehicle involved in the accident constitutes either temporary substitute, newly acquired or a non-owned automobile or car, as defined in the policy, or a trailer as covered in the policy. For these reasons, and for any other reasons which may become known, State Farm Mutual Automobile Insurance Company reserves all its rights under the policy, including the right to deny rV coverage entire If you ha-M.--e analys soon a>>s anv=>?n= o sible. ri as Tina A Renninger Page 2 March 9, 2007 Any action taken by State Farm Mutual Automobile Insurance Company, or any of its authorized representatives, to investigate, evaluate, pay, defend, or otherwise adjust any claim presented, shall not waive any terms or conditions of the policy mentioned above, nor shall any such actions waive any of our other rights. The Company does not intend by this letter to waive any policy defenses not stated above, but specifically reserves the right to assert such additional policy defenses at any time. Upon receipt of this letter, please immediately contact claim representative Sheila Walters at 724-743-5159 or 800-276-4340. If you have any questions regarding this letter, you may also contact me at my direct-dial number listed below. Sincerely, Stuart Setcavage Claim Team Manager 724-743-5142 State Farm Mutual Automobile Insurance Company cc cc: Kevin Rauch Esq MAR 12 2310 7 BY --------------------- State Farm Mutual Automobile Insurance Company April 17, 2007 Tina Renninger 1341 Kiner Blvd Carlisle, PA 17015-9733 CERTIFIED MAIL & US Regular Mail RE: Claim #: 38-L156-412 Insured: Tina Renninger Date of Loss: August 4, 2005 Dear Ms. Renninger, STATE FARM 4h INSURANCE B Southpointe Operations Center / Attn: Suit Unit ?? 555 Southpointe Blvd, Suite 400 Canonsburg, PA 15317 As you know by way of letter dated March 26, 2007 from Jim Nicodemus, State Farm has determined that there is no coverage for the accident involving the Enterprise Rental Car. Therefore, the defense of the lawsuit filed by Erie Insurance Group against you is not covered. However, you have the option to continue to retain Summers, McDonnell, Hudock, Guthrie and Skeel as your attorneys at your cost. State Farm will not pay for any services performed by the Summers firm as of the date of receipt of this letter. You also have the option to seek your own counsel to defend you in this matter, or to represent yourself. As you may recall, Erie Insurance is seeking $6,304.07 for damages they claimed were caused by a vehicle driven by Kevin Myers that struck a vehicle owned by Shawn and Michelle Good. Please feel free to contact me if you have any questions or if you would like to discuss this matter. Sincerely, Sheila Walters Claim Representative (724)743-5159 State Farm Mutual Automobile Insurance. HOME OFFICE: BLOOMINGTON, ILLINOIS 61710-0001 Cc: John A Lucy Summers McDonnell Hudock Guthrie & Skeel 1017 Mumma Road Lemoyne PA 17043 Tyrone Isaac State Farm Agent 226 South Third Street LeMoyne PA 17043 uY-- --- -- - - - - - - - -- -- June 13, 2007 Tina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 RE: Erie Insurance Group v. Renninger Our File No. 15236 Dear Ms. Renninger: Please be advised that I am in receipt of a letter from State Farm Mutual Automobile Insurance Company which indicates that the damages incurred as a result of the above-referenced matter are not covered by your insurance. Therefore, the defense of this lawsuit filed by Erie Insurance Group will not be paid for by State Farm Insurance. As State Farm Insurance indicated in their letter dated April 17, you have the option to continue to retain our firm; however, it should be noted that the defense of this lawsuit will be paid at your cost. Upon receipt of this correspondence, kindly contact me regarding your interest in having our firm continue to represent you in this matter. If you do not elect to continue with this firm for the defense of the above-referenced matter, I strongly recommend that you seek counsel in this matter. Although State Farm has denied you coverage in this matter, you may still be liable for the damages incurred as a result of the accident. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, John A. Lucy JAL:Iam July 16, 2007 Tina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 RE: Erie Insurance Group v. Renninger Our File No. 15236 Dear Ms. Renninger: Please be advised after review of my file, you have not yet responded to my June 13, 2007, letter. As I stated in my letter, State Farm Mutual Automobile Insurance Company has withdrawn coverage regarding the above-referenced matter. As such, I will be filing a Motion to Withdraw as counsel within two weeks of this letter. Additionally, I strongly encourage that if do not decided to retain our firm to continue to represent you that you seek outside counsel regarding this matter. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, John A. Lucy JAL:lam CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR LEAVE TO WITHDRAW AS COUNSEL has been mailed by U.S. Mail to counsel 1 a--` of record via first class mail, postage pre-paid, this 1 day of (5 Q?- , 2007. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 Tina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 SUMMERS, McD LL, HUDOCK, GUTHRIE & DEL, .L.P. By: / ,I'-**- ,...?. d6hn LW, Esquire Cou el for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, V. TINA RENNINGER, Defendant. AND NOW, this CIVIL DIVISION NO. 07-144 (Jury Trial Demanded) RULE TO SHOW CAUSE day of 2007, upon consideration of the foregoing Petition for Leave to Withdraw as Counsel, the Court grants a Rule to Show Cause why the appearance of Kevin D. Rauch and Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Tina Renninger, should not be allowed to be withdrawn. RULE RETURNABLE WITHIN DAYS FROM THE DATE OF SERVICE OF THIS RULE. ALL PROCEEDINGS TO STAY MEANWHILE. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Tina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 J. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 ?? C? ? ...? <_. °?? _? ?$=; c,.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, NO. 07-144 Plaintiffs, AMENDMENT TO DEFENDANT'S V. PETITION FOR LEAVE TO WITHDRAW AS COUNSEL TINA RENNINGER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I.D. #203948 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. TINA RENNINGER, Defendant. (Jury Trial Demanded) AMENDMENT TO DEFENDANT'S PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 15. No Judge has ruled upon any other issue in the same or related matter. 16. Defendant has attempted to contact opposing counsel in regards to his concurrence or non-concurrence of the above-referenced petition. However, Defense Counsel has been unable to contact opposing counsel and, therefore, Defense Counsel has not obtained opposing counsel's concurrence. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Defendant and allow Petitioner to withdraw his appearance as counsel in the above-captioned matter. Respectfully submitted, SUMMERS, Mc NNELL, HUDOCK, GUTHRIE L, L.L.P. By: hn A. Lucy, E uire Counsel for De ndant L CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDMENT TO DEFENDANT'S PETITION FOR LEAVE TO WITHDRAW AS COUNSEL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 5tn day of November, 2007. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 Tina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKTz9L, L.L.P. By: A. Lucy, Esquire sel for Defendant r---3 '-) ` r,... ?.y3 f 1 .nyF e r: in ERIE INSURANCE GROUP, IN THE COURT OF COMMON PLEAS OF as subrogee of SHAWN GOOD CUMBERLAND COUNTY, PENNSYLVANIA and MICHELLE GOOD, Plaintiffs V. CIVIL ACTION - LAW TINA RENNINGER, Defendant NO. 07-144 CIVIL TERM ORDER OF COURT AND NOW, this 13`' day of November, 2007, upon consideration of the Amendment to Defendant's Petition for Leave To Withdraw as Counsel, a Rule is hereby issued upon all parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, dui F. D'Emilio, Esq. 905 West Sproul Road Suite 105 Springfield, PA 19064 Attorney for Plaintiff vin D. Rauch, Esq. John A. Lucy, Esq., 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Attorneys for Defendant /ina Renninger 1341 Kiner Boulevard Carlisle, PA 17013 A :rc Aj.If tyb; Aso 4 8 J :8d 9' 48. N ?OOl ?t?44 jC7 - -037L4 r • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, NO. 07-144 Plaintiffs, PRAECIPE TO MAKE RULE ABSOLUTE V. TINA RENNINGER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I.D. #203948 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15236 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. (Jury Trial Demanded) TINA RENNINGER, Defendant. PRAECIPE TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., by Kevin D. Rauch, Esquire, seeking leave with this Honorable Court to make the Rule issued by Judge Wesley Oler on November 16, 2007, absolute and avers as follows: 1. On or about October 22, 2007, the law firm of Summers McDonnell filed a Petition for Leave to Withdraw as Counsel. 2. On or about November 7, 2007, the law firm of Summers McDonnell filed an Amendment to their Motion to Withdraw as counsel. 3. On or about November 16, 2007, Judge Oler issued a Rule to Show Cause as to why the Petitioners relief requested should not be granted. This Rule was returnable within ten days of service. 4. The Rule to Show Cause lapsed on November 26, 2007, and no party to the above-referenced matter has filed an Answer to the Rule to Show Cause and, therefore, there are no issues disputed as to material fact. 5. As the Plaintiff has not filed an Answer to the Rule to Show Cause, it is hereby averred that Plaintiff concurs in the above Praecipe to Make Rule Absolute. WHEREFORE, Petitioner seeks leave with this Honorable Court to make Rule Absolute and to terminate Petitioner's representation of the Defendant and allow Petitioner to withdraw his appearance as counsel in the above-captioned matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,,.SKEEL, L.L.P. By "vin u. Kaucn, tsquire JJohn A. Lucy, Esquire Counsel for Defendant r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this o? day of crvu , 2008. Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: fin D' Rauch, Esquire in A. Lucy, Esquire unsel for Defendant N CZ2 q= Cm ?s ? N 3 :5 '? cr -c JAN 302008 ,,KI I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP, CIVIL DIVISION as subrogee of SHAWN GOOD and MICHELLE GOOD, Plaintiffs, NO. 07-144 V. TINA RENNINGER, Defendant. (Jury Trial Demanded) ORDER AND NOW, this day of 2008, upon petition of Kevin D. Rauch, Esquire, and the firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., it is hereby ORDERED, ADJUDGED, and DECREED that leave is granted upon the Petitioners to withdraw their appearance as counsel for the Defendant. J. Distribution to: Kevin D. Rauch, Esquire mmers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Raul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, PA 19064 ma Renninger 1341 Kiner Boulevard Carlisle, PA 17013 BY THE COURT: VINVAtilSM43d m.wn 8 6 :11 WV I - 833 SOOZ kNl(riRiOdd 3HI JO CHO-am