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Home My WebLink About02-3861IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jason A. Taylor, Plaintiff, ERIC NYMAN, Defendant. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02674072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCECOMPANIES, Subrogee ofJasonA. Taylor, Plaintiff, VS. ERIC NYMAN, Defendant. 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 ~vith 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 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 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION PROGRESSIVE INSURANCE COMPANIES, Subrogee of Jason A. Taylor, ERIC NYMAN, Plaintift; Defendant. CASENO: 0.~. 3~C! ~ COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff, Progressive Insurance Companies, Subrogee of Jason A. Taylor, by and through its counsel, Jeffrey S. Golembiewski, Esquire and WELTMAN, WEINBERG & REIS, CO., L.P.A., and hereby files this Complaint against Defendant, Eric Nyman. 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, Erick Nyman, is an adult individual with a last known address of 67 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Progressive issued a policy of insurance where Progressive agreed to insure a I989 Chevrolet Camaro ("Insured Vehicle"), owned by Plaintiff's insured, Jason A. Taylor. 4. At all times mentioned herein, Progressive's insured was the owner of said Insured Vehicle. 5. At all times mentioned herein, it is believed and therefore averred that Defendant, Eric Nyman, ("Defendant Owner") was the owner and driver of a vehicle involved in an accident on August 19, 2000 ("Defendant Owner's Vehicle"). 6. On or about August 19, 2000, Defendant Owner negligently, recklessly and carelessly operated Defendant Owner's Vehicle causing damage to the vehicle o~vned and operated by Progressive's insured by striking the Insured Vehicle. 7. As a direct and proximate result of Defendant's negligence, the vehicle owned by Progressive's Insured sustained property damages in the amount of $1,802.81. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $1,802.81, which represents the property damages sustained to its Insured's Vehicle, as a result of Defendant's negligence. 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 "1" and made a part hereof. 9. Under the terms of the insurance policy issued by Progressive, its insured also sustained damages in the amount of $1,000.00, which represents the deductible amount under the policy of insurance. 10. Due to the amount of property damage to Progressive's lnsured's vehicle, Progressive secured salvage expenses in the amount of $335.00, leaving a balance due and owing of $3,137.81. i 1. 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. 12. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendant the sum of $3,137.81, which represents the property damage claim of $1,802.81, the deductible payment of $1,000.00 suffered by Plaintiff's insured and salvage expenses of $335.00. l 3. 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 Jason A. Taylor, demands Judgment against Defendant, Eric Nyman, individually,in the amount of $3,137.81 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. qJe~'tJey SI. Golembiewski, Esquire PA I.D. # 64373 Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Bldg. 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02674072 Page: 1 Document Name: untitled CMSD2340 /CMSM2340 P A C M A N OPID: BKB0002 CLAIM PAYMENT INQUIRY INSD: TAYLOR, JASON A DOL : AUG 19 00 PA-EBNSBg-BRN- CLM: 005202800 ACTIVE NOV 01 00 - 10:17 TERMID: VT690036 POL: 60615994-0 REP: G MICCO PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 1,167.81 LINE 1: LINE 2: LINE 3: CITY FINANCIAL IN THE ACCOUNT ****************************** OF JASON TAYLOR, ****************************************** ACCOUNT NUMBER 38693-373001********************************* i~DDRESS: 1532 ROUTE 286 SOUTH CITY: INDIANA ST/PR* PA ZIP/CPC: 15701 CNTRY* USA IN PAYMENT OF: T/L OF '89 CAMARO LESS $1,000 DED PROG OBTAINS SALV 1099 ? N FEDERAL TAX ID: CDS CODE * 12 PCL EFT TRACE #: BA_N-K CODE* AS2 ISSUE DATE : SEP 18 00 STATE * PA AREA * 406 STOP RSN * DP, AFT # : 418094867 LAST UPDT REP: GRM0006 ISSUING REP: G MICCO APPROVED BY: REVIEW DATE: 00 00 REVIEWED BY: C OM/Van_ND: Date: 11/01/2000 Time: 10:17:53 AM Page: 1 Document Name: untitled CMSD2340 /CMSM2340 ~ P A C M A N OPID: BKB0002 CLAIM PAYMENT INQUIRY INSD: TAYLOR, JASON A DOL : AUG 19 00 PA-EBNSBG-BRN- CLM: 005202800 PAY TO THE ORDER OF: LINE 1: LINE 2: LINE 3: ACTIVE TOTAL DRAFT AI~OUNT: NOV 01 00 - 10:17 TERMID: VT690036 POL: 60615994-0 REP: G MICCO 635.00 SALVAGE DIRECT, ******************************************* ADDRESS: 160 ROOSEVELT AVENUE CITY: YORK ST/PR* PA ZIP/CPC: 17404 CNTRY* USA IN PAYMENT OF: TOW/STORAGE OF 1989 CHEX~/ CA/~ARO 1099 ? Y FEDERAL TAX ID: 251852167 CDS CODE * 12 PCL EFT TRACE #: BANK CODE* AS2 ISSUE DATE : SEP 22 00 STATE * PA AREA * 252 STOP RSN * DP. AFT # : 418168820 LAST UPDT REP: TMG0005 ISSUING REP: T GARLOCK APPROVED BY: REVIEW DATE: 00 00 REVIEWED BY: CO M~LAND: Date: 11/01/2000 Time: 10:17:47 AM 02674072 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him 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 his knowledge, information and belief. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JASON A. TAYLOR Plaintiff VS. ERIC NYMAN Defendant No. 02-3861 PRAECIPE TO SETTLE, DISCONTINUE AND END 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#02674072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE INSURANCE COMPANIES, SUBROGEE OF JASON A. TAYLOR Plaintiff vs. Civil Action No. 02-3861 ERIC NYMAN Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle Discontinue and End the above captioned matter upon the records of the Court and mark the costs paid. By: ~~ 0'~/~ '/~ d' (~~/ GERIA'NNE HANNIBAL, ESQUIRE PA I.D.#~22 Weitman, W~inb~g 8, Reis Co., L.P.A. 2718 Koppe~$ Bidg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02674072 Sworn to and sub§c, riibed before me this SHERIFF'S RETURN - REGULAR CASE NO: 2002-03861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE INSURANCE COMPANIE VS NYMAN ERIC SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NYMAN ERIC the DEFENDANT , at 2006:00 HOURS, on the 19th day of August at 67 FAIRWAY DRIVE , 2002 CAMP HILL, PA 17011 BERNT NYMAN, FATHER a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this J2~ day of ~ ~ ~ A.D. {5r6thonot ary So Answers: R. Thomas Kline 08/20/2002 WELTMAN WEINBERG REIS/ - ~/fr~pu~//Sheri f f