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HomeMy WebLinkAbout01-4661DARLENE and RICHARD BEASTON, Petitioners ERIE INSURANCE CO., Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PETITION FOR A COURT ORDER APPOiNTING A CHAIR OF AN UNDERINSURED MOTORIST ARBITRATION AND NOW, come the Petitioners Darlene and Richard Beaston, by their attorneys, Angino & Rovner, P.C., and respectfully request this Honorable Court to appoint a chair of an underinsured motorist arbitration. In support, Petitioners respectfully represent the following: Petitioners are adult individuals residing in Newville, Cumberland County, Pennsylvania. 2. Respondent Erie Insurance Co. ("Erie") is an insurance company licensed to do business in the Commonwealth of Pennsylvania with offices located in Cumberland County, Pennsylvania. 3. On June 15, 1998, Petitioner Darlene Beaston was injured in a motor vehicle accident at the intersection of SR 896 and SR 796, New London Township, Chester County, Pennsylvania. 4. On June 15, 1998, Petitioner Darlene Beaston was a named insured on an Erie automobile insurance policy covering the vehicle in which she was a passenger. 5. Said policy was in full force and effect on June 15, 1998, and provided underinsured motorist coverage. 6. The subject automobile accident was caused by the negligence of Lee Matthew Hadley. At the time of the subject accident, Lee Matthew Hadley was underinsured. 233920.1~MTG\LC3 7. By letter dated June 7, 2001, Petitioners named Attorney Timothy Shollenberger as their arbitrator and requested Respondent to select its attorney and arbitrator (see Exhibit A). 8. Erie retained the services of Attorney John Statler. Attorney Statler named Attorney James Nealon as Erie's Arbitrator. 9. Counsel for the Petitions and Respondent have been unable to agree on a Chair for the arbitration panel. 10. The Erie policy provides that if the parties are unable to select a chair, a Court of competent jurisdiction may appoint a chair. 11. This Honorable Court has jurisdiction over the matter given the language of the policy and the fact that the Petitioners reside in Cumberland County. WHEREFORE, Petitioners Darlene and Richard Beaston respectfully request this Honorable Court to appoint a Chair of this underinsured motorist arbitration proceeding. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Petitioners 233920 I\MTG\LC3 2 ANGINO & ROv'NER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 717/238-6791 FAX717/238-5610 NElL J. ROVNER TERRY S. HYMAN DAVID L. LUTZ MICHg,.E L E. KOSIK RICHARD A. SADLOCK JOSEPH M. DORIA JAMES DECI~TI June 7, 2001 Mr. Douglas Kocher Erie Insurance Company 4901 Louise Drive P.O. Box 2013 Mechanicsburg, PA 17055-0710 Re~ Insured: Darlene Beaston Claim No.: Unknown Date of Loss: 6-15-98 Dear Mr. Kocker: We have decided to arbitrate Mrs. Beaston's UIM claim. Please retain counsel and have counsel appoint an arbitrator. We have appointed Attorney Timothy Shollenberger as the insured's arbitrator. Very truly yours, DLL:mtg cc Timothy Shollenberger, Esquire 226859. I\DLL~vlTG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing PETITION FOR A COURT ORDER APPOINTiNG A CHAIR OF AN UNDERINSURED MOTORIST ARBITRATION upon counsel for Respondent by placing same in the United States mail, postage prepaid, addressed as follows: John A. Statler, Esquire Goldberg, Katzman & Shipman 320E Market Street P.O. Box 1268 Harrisburg, PA 17108 Attorney for Respondent Mary T. ~aets 233920.1 hMTG\LC3 DARLENE and RICHARD BEASTON, Petitioners ERIE INSURANCE CO., Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW  ORDER .~ ANytN, OW, this/0, day of~ 2001, IT IS HEREBY ORDERED g~ ....... n that~l~ ]']~l_dt~ ~ is appmnted a~ Chair of ~s ~dennsured motonst ~b~a~o proceeding. ~ ~ BY THE COURT: 233920. I'~VITG'xLC3