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Home My WebLink About95-04922 ~ ~ .~ 1 7i . ~ . ~ ) 2 'J .S c..J f pL. 1J ro \6 0- ::r- . o -,t' <- " . . I , : I I ! l I i Thomas E. Brenner. Eiquire J.D. No, 320BS GOLDBERG, KAT'lMAN " SIIIPMAN, P.C. 320 Mutel Slre.1 P,O. Bo. 1268 H.niobu... PA 17108-1268 Auomev (or PI.inliff CINCINNATI INSURANCE COMPANIES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW Plaintiff v. qj' ,.' I;q 22 /' . . J (/{[~Lf!.__ NO. PROGRESSIVE and JEFFREY INSURANCE COMPANY C. RUCH, Defendants I r I I i 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/Answer, New Matter and Counterclaim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. r 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. THOMAS E. CHEFFINS, COURT ADMINISTRATOR Cumberland County Courthouse 1 Courthouse Square Fourth Floor Carlisle, PA 17013-3387 (717) 240-6200 ,\ ., NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de p1azo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. THOMAS E. CHEFFINS, COURT ADMINISTRATOR Cumberland COlnty Courthouse 1 Courtho~se Square Fourth iJoor Carlisle, PA l,~t3-3387 (717) 240-6200 11Iom.. E. Brenner. &quire J.D. No. 32015 GOLDBERG, KATZMAN" SIIIPlIlAN. P.C. 310 Marke. Stne. P ,0. Box 1261 lI.rriob.". PA 17101.1261 AUomtv (or PlaintifT CINCINNATI INSURANCE COMPANIES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff CIVIL ACTION - LAW v. NO. PROGRESSIVE INSURANCE COMPANY and JEFFREY C. RUCH, Defendants COMPLAINT AND NOW, comes Cincinnati Insurance Companies, by its attorneys, GOldberg, Katzman & Shipman, P.c., and state the following: COUNT I Cincinnati Insurance companies v. proaressive Insurance ComDanv 1. Plaintiff, Cincinnati Insurance Companies (hereinafter "Cincinnati"), is a business entity licensed to issue policies of insurance throughout the Commonwealth of Pennsylvania with an office address of P.O. Box 3413, Camp Hill, CUmberland County, Pennsylvania 17011. 2. Defendant, Progressive Insurance Company, is a business entity licensed to issue policies of insurance in the Commonwealth of Pennsylvania and maintains an office at Trindle Road Town Center, 6 state Road, Suite 102, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant, Jeffrey C. Ruch is an adult individual residing at 402 Barrington Court, Palmyra, Lebanon County, Pennsylvania 17078. 4. The events hereinafter set forth arise from a motor vehicle accident that occurred on October 22, 1994. At the time, Jeffrey Ruch was operating a 1984 GMC truck owned by his wife, Stacy Ruch, with her permission. The GMC truck was insured by Progressive Insurance on policy number 8552999-0. 5. On October 22, 1994, Jeffrey Ruch was a part-time employee of G. Mernrni and Sons Bakery, Inc., insured by the Plaintiff, Cincinnati Insurance Companies. On October 22, 1994, Mr. Ruch had available to him the vehicles owned by G. Mernrni and Sons Bakery, Inc., to be used for the business purposes of the company, including deliveries. 6. On October 22, 1994, without the permission or authorization of G. Mernrni and Sons Bakery, Inc., Jeffrey Ruch operated his personal vehicle, the GMC truck, to make a delivery and was involved in a motor vehicle accident on 2 I ~ , ~ Market street in Hampden Township, Cumberland County, Pennsylvania, with a 1990 Honda Accord operated by Leon Yannacci. 7. Claims were presented by Mr. Yannacci for property damage and personal injuries arising from the motor vehicle accident. 8. The claims were presented to Progressive Insurance which has wrongfully denied coverage for these claims as reflected on Exhibit "A" hereto. Moreover, Cincinnati asserts that the exclusion cited is not applicable as a charge was not collected for the transportation by Jeffrey Ruch. 9. Cincinna~i has negotiated a settlement of those claims, including payments for property damage in the amount of $3,976.01, car rental expenses of $2,104.87, and personal injuries to Mr. Yannacci in the amount of $200.00. The total amount paid by cincinnati was $6,280.88. 10. Despite demands upon Progressive Insurance for payment under their auto liability policy issued to Stacy Ruch, Progressive has refused to reimburse Cincinnati. 3 COUNT II cincinnati Insurance Companies v. Jeffrev Ruch 11. The averments of paragraphs 1 to 10 are incorporated herein by reference. 12. In the alternative, if it is determined that Progressive Insurance has no obligation to pay the claims arising from the negligent conduct of Defendant Jeffrey Ruch, then Mr. Ruch is liable to reimburse Cincinnati for the monies paid. 13. Defendant Jeffrey C. Ruch in utilizing his private vehicle without the permission or authorization of G. Memmi and Sons Bakery, Inc., was acting outside the scope and course of his employme!lt. Therefore the damages set forth in paragraph 9 are the responsibility of Defendant Ruch. WHEREFORE, the Plaintiff Cincinnati Insurance Companies requests that this Honorable Court: a. Declare that Progressive Insurance Company Policy No. 8552999-0 provided coverage for Jeffrey Ruch at the time of the accident on October 22, 1994; 4 I ! ! i 1 i I Je I I I l ! I f i 1 i I I .1 /i ,II ':~l f ~';'t;l /i;' --~l' A , i . . ' I "' , January 5, 1995 JEFFREY C RUCH 402 BARRINGTON CT PALMYRA, PA 17078 Our Insured : Stacey Ruch Claim Nutnber: 940818290 · Date of Loss : October 22, 1994 Please be advised that we completed our investigation of the above captioned loss. 'Please also be advised that we must deny coverage to you for the above captioned loss for the foUowing reasons : At the time of the above captioned loss it has been diac:overcd that you were delivering bread for Memmis Bakery in Hershey, P A According to policy number 088552999-0 issued to Stacey A Ruch, the fonn and addition being I044A and 10-91 respec;tive1y, and exclusion under Part 1- Liability reads as foUows: . EXCLUSIONS - This coverage does nol apply to: (I) Bodily injury or property damage resulting from the ownership, maintenance or use of a vehicle when used to cany persons or property for a charge. This exclusion does nol apply to shared expense car pools.. For the above reasons. we must respectfuUy deny coverage to you for this loss. If you have any questions regarding this matter, please feel free to conlact the undersigned. PROGRESSIVE COMPANIES Gary C.Lesh Claims Representative GCL:emk / elcl2:ruch ~l\l\\S'\II JANIO 98 cc:Leon Yannacci 1020 Baythome Dr. Mechanicsburg, PA 17055 Cincinnati Ins, Co. Attn: Steve Herb PO Box 3413 Camp Hill, PA 17011 )\(.i-"b:1 A v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW CINCINNATI INSURANCE COMPANIES, Plaintiff PROGRESSIVE INSURANCE COMPANY and JBFFREY C. RUCH Defendants NO. 95 - 4922 CIVIL PRAECIPB FOR BRTRY OF APPBARARCE TO THB PROTHONOTARY: Please enter the appearance of the undersigned for Defendant, Jeffrey C. Ruch, only. (~ ' / "cf~//:, {;'~'f Jona~han M. Cr1st, Bsq, AtbOrney ID NO. 29936 226 W. Chocolate Avenue Hershey, PA. 17033 (717) 533-6600 DATE: (e /:-' .-:'>/~J/ CINCINNATI INSURANCE COMPANIES, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . PROGRESSIVE INSURANCE COMPANY : NO. 95 - 4922 CIVIL and JEFFREY C. RUCH . . Defendants . . CERTIFICATE OF SERVICE I, JONATHAN M. CRIST, ESQ., attorney for the Defendant, JEFFREY C. RUCH, have this day served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE, upon the person(s)or entities indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Hershey, Pennsylvania, and addressed as follows: Thomas E. Brenner, Esq. GOLDBERG, KATZIIAH & SBIPIIAH 320 Market Street P.O. Box 1268 Harrisburg, PA. 17108-1268 Progressive Insurance Company Trindle State Town Ctr. 6 State Road, Suite 102 Mechanicsburg, PA. 17055 --..... Dated: /< I >,~ j '--- ~:{#,/// t:::; Jonathan M. Cr st, B q. Attorney ID NO, 29936 226 W. Chocolate Avenue Hershey, PA. 17033 (717) 533-6600 F Ifll.ESlDATAFlLOOEN()()('9'f171)HPRA III.. CrcIW IQI09I9~ 10 16. AId RMMd 1M)q"'~102112AM 71)1'\ . ' . . CINCINNATI INSURANCE COMPANIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO. 95-4922 CIVIL PROGRESSIVE INSURANCE COMPANY: and JEFFREY C. RUCH, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MAR TSON, DEARDORFF, WILLIAMS & OTTO in behalf of Defendant Progressive Insurance Company in the above matter. MARTSON, DEARDORFF. WILLIAMS & OTTO Attorneys for Defendant Progressive Insurance Companies Dated: October 9, 1995 A,' . . CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A. first class mail, postage prepaid, addressed as follows: Thomas E. Brenner. Esquire Drew P. Gannon, Esquire GOLDBERG, KATZMAN & SillPMAN, P,C. 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 Jered L. Hock, Esquire METZGER, WICKERSHAM. KNAUSS & ERB Mellon Bank Building 111 Market Street P.O. Box 93 Harrisburg, PA 17108-0093 lAMS & OTTO By . Attorneys {or Defendant Progressive Insurance Companies Dated: October 9, 1995 :CHERIFr".' 1',ET'.JRr. !.; [C:~..':"" A h CASE NO: 1995-049:::: P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CINCINNATI INSURANCE COMPANIES VS. PROGRESSIVE INSURANCE CO ET AL KENNETH E~SSERT .' ShPflff ':,r !lpplJty Sherl.ff (If CUMBERLAND County. Pennsylvanla. who be.ng duly sworn accordlng to law, says, the wlthin COMPLAINT upon PROGRESSIVE INSURANCE COMPANY waE served the defendant, at 1015:00 HOURS. on the 19th daj' of Septembpr 199:, at G STATE ROAD. SUITE 10: MECHANICSBURG. PA 17055 , CUMBEIiLANl~____. County. Pennsylvania. by handlng to EUNJ'=.E_ ~:OTHE:.._S.1.i\I~AS_SrSTANT a true and attested copy of the COMPLAINT and at the same tlme dIrect long Her att.:en~l-':'n tC) the contents ther€'of. Sherlff's Costs: Docl<:\?tlnq Ser....lct.? ~ AffldavH Surcharge 16.00 5.04 .0':) ::.0\:" So answE'io)t~, .:/~ . ,..---~~. ;/,~ lr:--T}iQm-;:.suKrlr:e.' -~eiHr-u, ~-~~'G0LDBERG KAT=MAN & SHIFMAN '0. -is" ('19/26/1"195 {' 4 1 J '1 bv U_h_r {uT:; ',fJ'" /t~~~:,U . " - Sworn an~ SUbSCll~~~ ~0 ~.~f::\r'l~ ~~ t h, f; ',1 C!- ,j " .,.. ,'f ,,~. "f:b...,.___ t q ____'i.\ A. r . _r...., t- (,', 7~..... ... _,,1,.1) , / I ' r;,.~,l.}-I":-'rl,-:,.jr'" I ";t r . . c ;: .1 nI:J._OUrT CT .:mmO:1 ~i.:-s "'T" ,-..- ,,- ,,~:......,-l'~"'''~''''1 P-"'r:coyl,,--i- . .__ ~ '--.1,..._.;.::::.._",10-.",......,.......',' .:.a.... _........ Cincinnati Insurance Companies 'is. Jeffrey C. Ruch :-fa. 95-4922 CiyiI Term ---. ::- ~ow, September 18. 1995 :9_!. S:~'::F OE' C~G:::?..!.A."lD COt.~':'''!'. ?~ co :=::Jy . . . - -- .. c:..::uc: c.e .':~..:% 0: Lebanon ,.-=" ..... --.... .:"il( ',V..:. ~ . - ---- ...., ... .. . .. . .... -,..- =:s =?u::.::cn :::.:1i --.-- u == ~.:.=t ::Q :-~ at :::: :~::r. "P"'/'/.// . // f' ~---...< 1_0~ Sl1e..~ =! C:::::!:lu'..1I:G C~WUl'. ?:t. _~ ~.-l_~.a. or"... . ~~...... ==e..~~ ~ow, !g -. o'.:!cc ~L !::-.-d .. :.:: wi";';." ~poa ~t by ==~ :a . ~ Ct == ~.~. .,1 ,- UlQ -~,.:- bawu :0 ::.: . . .::::=:s ::'==1.. So~ Shc:5' at CD=t'/'. h. 5wcr:: :ma S'.:Csc-.b:d bCcrc =: ::::! ay ci !9_ COSTS sn:vrcz ~!!U,;\GE .-\.::LlJA.47 oS s ,_ o---a ('OMPLAIN'!' & NOTICE No. QS-4922 CIVIL TERM I,ebanon. PA, Scptembcr 25,1995 CINCINNATI INSURANCE CO. (RETURN TO CUMBERLAND CO. SHERIFF) l~CKET PAGE 8854 vs. JEFFREY C. RUCH STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Deborah A. Miller, Chief Deputy Sheriff, being duly sworn according to law, deposes and says that she served the within COMPLAINT & NOTICE upon JEFFREY C. RUCH, the within named DEFENDANT, by handing a true and attested copy thereof, to him, personally, on September 22, 1995, at 3:45 o'clock P.M., at the Sheriff's Office, 400 South Eighth Street, Lebanon (City), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, .'-. t'. "J-o~, '//' ~:..)~;,.:r"~ /1_ ,~"1-':"~ CH;,~FrE;~ s,.r ~...~' v: N4S _ / "'~/~tL,e J' J''''~ SHER V .'V':S' this 25th day of September, A.D., 1995 "-:~~~dJ,f;;.~ ..~.4.oC.../ Notary Public I ,~~(l,f.. -. I :~~L"1\'Y: ',...., '. ":I:-:~:'~: I v) {_~1'h~T . 'r--~ . *( . ~ ';": " SHERIFF'S COSTS IN ABOVE Advanced costs paid on 9/20/95 Check No. Costs incurred: Refund: Check No. 2104 PROCEEDINGS 010682 Amount Amount Amount 75.00 25.25 49.75 All Sheriff's Costs shall bc due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911. P.L. 1072 '" - .. ... .. CERTIFICATE OF SERVICE I, Jared L. Hock, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, hereby certify that I served a true and exact copy of Praecipe for Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this 17th day of October 1995, on the following: George B. Faller, Esquire Martson, Deardorff, Williams & otto 10 E. High street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant Progressive Insurance Company Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Cincinnati Insurance Company METZGER, W~S~::~_KNAUSS Jered L. H~:--' Attorneys for Defendant Ruch P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 & ERB cc: Jonathan M. Christ, Esquire F ',flt.t:l'>~II^T^Hl.r..inHJlI("~ "'~'^SS 11.1_ \.,..... IH"~~lUl1lOf'..C MmMd 1110 nlUOO UP" 1:JP, . CINCINNA TIINSURANCE COMPANIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO, 95-4922 CIVIL PROGRESSIVE INSURANCE COMPANY: and JEFFREY C. RUCH. Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT PROGRESSIVE INSURANCE COMPANY TO: CINCINNATI INSURANCE COMPANIES, Plaintiff, and its attorney, DREW p, GANNON. ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MA TIER WITHIN 1WENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU, AND NOW. comes Defendant Progressive Insurance Company, by and through its attorneys. Martson. Deardorff. Williams & Otto. and hereby responds to Plaintiffs Complaint as follows: 1-3, Admitted based on infonnation received, 4, Admitted. 5-6, Denied pursuant to Pa, RC.P. 1029(e), 7-8, Admitted coverage was denied, however it is denied that said denial was wrongful. 9, Denied pursuant to Pa R,C.P. 1029(e), By way of further denial, if Cincinnati has negotiated a settlement of those claims and is now presenting a subrogation claim, they are estopped ITom denying that they do not have insurance coverage for th~ vehicle and for the actions of Mr. Ruch, In addition, it is denied that the settlement was reasonable, 10, Admitted, WHEREFORE, Defendant Progressive Insurance Company demands judgment in its favor and dismissal ofPlaintilfs Complaint with prejudice, . ',. 1 ,', I' F. 'f~'" , "COf11t: L\)~;s i3';llt~!it ; :J!H)ral Eltwn<it: 8tml;lll t\(r:1(1f~ntal Df~att1 Benr:tll EXCLUSIONS We " "I ;,,,mc<: [,,"""10, ' I bodily injury Sustained by any person 'Nhde ,ntenlion. allv causing or allempting to cause bodily injury to " Hlmsell ti rll~r Sell ,r Any other person nor will we pay an Accidental Death 8,;nf'llt on behall of fhat oerson SustalOed by any person while commltling j 10il)ny o Sustained by any person '.'Jhde seeKing '0 I'lude lawtul apprenenslon or arrest by 1 la'N entorcP""~nt nHrr.lal -l SustalOed by any person wnlle malOtaln- no or uSing a motor vehicle knowlOgly cunverted by lhat person However, thiS ,'xcluslon I~ I does not apply to You, or " Any relative Sustamed by any person whO, al the time . IlJp r1cc:dent IS lheowner of one or more registered motor vehicles and none ot those motor vehicles have In etfect the Ilnanclal responsibility reqUlled by the Pel1l15YIVal1la Molar Vehicle F,nanclal ResponSibility Law or ~ Is occupying a motor vehicle owned by thai person for which the financial responSiolhty reqUired oy Ihe Pennsylvania Motor Vehicle F,nanc,~1 Responsibility L~w IS not In :ti'L! -l1 - ,blalfll!tJ 0/ any I:f~rson rndHllaHllcq IH ISing a motor vehicle while locatetJ lor '"se as a reSidence or premises ;uSIJllletJ oy any person InJured as d ",sull 01 cOnduct Within the course at Ihe bUSiness 01 repalllng, servICing or other. '"se maintaining motor vehicles ThiS ';xcluslon (7 I does not apply II the conduct is all the bUSlOess premises, Sustained oy a pedestllan II the accldenl occurs oulslde 01 Pennsylvania ThiS '~xcIUSlon 18) does not apply to' a You: or b ,\Ily relative 9 Sustained by any person white occupying a A recrealional vehicle deSigned lor use off public roads: or b A motorcycle, moped, or similar Iype vehicle, 10 Caused by or as a consequence 01 a, Discharge of a nuclear weapon I even If accidental), b War (declared or undeclared), c CiVil war: ~ d I nsurrectlon: or e Rebellion or revolution, 11 F rom or as a consequence of the follow- Ing, wnether controlled or uncontrolled or however caused a, Nuclear reaction, b Radlalian: or Radioactive contamination c LIMITS OF LIABILITY The limits 01 liability shown In the Declarations lor the lirst party benefits that appl, are the most we will pay to or for each Inlured as the result 01 anyone accident ThiS IS the mnst we Will pay regardless at the number of ~2 VF.RIFICA TION ( ~ ,n 1l1l:'C~1\1'- r, v.t:!.M'1 . who is clu"" ;AIJ',t;,,~'-1rr"'E of Progressive Insurance Company and acknowledges that helshe has the authority to execute this Verification in behalf of Progressive Insurance Company certifies that the foregoing Answer with New Matter of Defendant Progressive Insurance Company is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer with New Matter of Defendant Progressive Insurance Company is that of counsel and not my own, I have read the document and to the extent that the Answer with New Matter of Defendant Progressive Insurance Company is based upon information which I have given to my counsel. it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter of Defendant Progressive Insurance Company is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. , Progressive Insurance Company 1rJ1.:i/ (I) Jl~0--- .\ftLUIIlAT~"'m>I~l- CERTIFICATE OF SERVICE I hereby certifY that a copy of the foregoing Answer with New Matter of Defendant Progressive Insurance Company was served this date by depositing same in the Post Office at Carlisle. PA. first class mail, postage prepaid. addressed as follows: Drew P. Gannon, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O, Box 1268 Harrisburg. P A 17108-1268 Jered L, Hock, Esquire METZGER, WICKERSHAM, KNAUSS & ERB Mellon Bank Building III Market Street P.O, Box 93 Harrisburg, PA 17108-0093 MARTSO DEARDORFF, WILLIAMS & OTTO Attorneys for Defendant Progressive Insurance Companies Dated: Decenber 22. 1995 - . Drew P. Gannon, Esquire Attorney 10174680 GOLD8ERG, KATZMAN' SHIPMAN, P.C. Attorneys for Plaintiff 320E Market Street Strawberry Square P.O. Box 1268 Harrisburg. PA 17108-126B (717) 234-4161 CINCINNATI INSURANCE COMPANIES Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. CIVIL ACTION - LAW PROGRESSIVE INSURANCE COMPANY and JEFFREY C. RUCH, Defendants NO. 95-4922 Civil PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT PROGRESSIVE INSURANCE CO. AND NOW, comes Plaintiff by and through its attorneys, Goldberg, Katzman & Shipman, P.c., and hereby responds to Defendant Progressive Insurance Company's New Matter as follows: 14.-16. The allegations of paragraphs 14 through 16 constitute conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, the allegations of paragraphs 14 through 16 are specifically denied. 17. It is denied that any of the rights or defenses listed in Defendant Progressive Insurance company's policy, which was attached to New Matter as Exhibit "A", apply to the claim of the Plaintiff. Furthermore, the policy speaks of itself. ~"".:,.".~ilIt< ___r....... ,-. ., . .....FO... Pl.intiff requ..to ju....nt in its ,.vor .nd against the Defendant. '. RespectfullY submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: AM f i fl,M\(f- D eW P. Gannon, Esquire 320E Market street P.O. BOX 1268 Harrisburg, PA 17106-1268 (717) 234-4161 Attorneys for Plaintiff ... Date: Hi~q~ CINCINNATI INSURANCE COMPANIES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTlf, PENNSlfLVANIA v. : CIVIL ACTION - LAW . . PROGRESSIVE INSURANCE COMPANlf and JEFFREY C. RUCH, Defendants : NO. 95-4922 CIVIL . . : IfOTICIA USTED HA SIOO DEMANDADO/A EN CORTE. si usted de sea defenderse de las demandas que se present an mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar ace ion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la tlemanda 0 cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos import antes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGAOO INMEDIATAMENTE. 51 USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. THOMAS E. CHEFFINS, COURT ADMINISTRATOR cumberland County Courthouse One Courthouse Square Fourth Floor Carlisle, PA 17013-3387 PHONE: (717) 240-6200 CINCINNATI INSURANCE COMPANIES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTlf, PENNSlfLVANIA . . . . v. . . CIVIL ACTION - LAW : PROGRESSIVE INSURANCE COMPANY and JEFFREY C. RUCH, Defendants . . NO. 95-4922 CIVIL : . . AlfS1fD WITH lID DTTO 01' DBI'BlfDAIfT RQCR. WITH COUHTBRLCAIM AND NOW, comes Defendant Jeffrey C. Ruch, by his attorneys Metzger, WiCkersham, Knauss' Erb, and makes Answer to Plaintiff's Complaint as follows. COUNT I Cincinnati Insurance Companies v. proaressive Insurance ComDanv 1. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. Admitted. 3. Admitted. 4. Admitted. 5. As to first sentence, part-time employment status admitted; as to remaining averments of this sentence, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. Second sentence denied. On the contrary, on the date in question, G. Memmi and Sons Bakery, Inc. ("Memmi"), did not have a vehicle available for Defendant Ruch. 6. Involvement in accident on date, at location, and with other identified vehicle admitted. Allegation that operation of GMC truck was without permission or authorization of Memmi denied. On the contrary, defendant is advised to aver and therefore avers that the same was with permission and authorization of Memmi. By way of further answer, paragraph 5 above is incorporated by reference. 7. Admitted only that certain claims were presented by Mr. Yannacci for property damage. Liability for those claims denied. As to the remaining averments, after reasonable investigation, responding Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 8. These averments are directed to a party other than responding Defendant, so that no answer is required of responding Defendant. If an answer is required, admitted only that a document labeled Exhibit A purporting to be a letter of Progressive to Ruch is attached to the Complaint. Remaining allegations constitute conclusions of law to which no answer is required. If an answer is required, denied, except that it is admitted that Ruch collected no charge for the transportation as such. -2- 9. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 10. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. COUNT II Cincinnati Insurance companies v. Jeffrev Ruch 11. Paragraphs 1-10 above are incorporated by reference. 12. Denied. On the contrary, Defendant Ruch was not negligent and is not liable to reimburse Cincinn~ti for any monies whatsoever. By way of further answer, Cincinnati is not entitled to reimbursement, as set forth elsewhere in this Answer with New Matter and incorporated herein by reference. 13. First sentence denied. On the contrary, Ruch was utilizing the private vehicle with permission, authorization, and knowledge of Memmi and was acting within the scope and course of his employment for the benefit of Memmi. second sentence constitutes a conclusion of law to which no answer is required. If an answer is required, denied for reasons set forth elsewhere in this Answer with New Matter and incorporated herein by reference. -3- WHEREFORE, Defendant Jeffrey Ruch demands that Plaintiff's Complaint be dismissed and that judgment be entered in his favor, together with the costs of this action. Further, he requests that this Honorable Court take such additional action as is just and equitable under the circumstances. If.. MATTBR 14. (a) If cincinnati, as an insurer of Memmi, paid Mr. lfannacci's damages as alleged, of which strict proof is demanded, then by making such payments, Cincinnati acknowledged that the accident was one for which Memmi and Cincinnati were responsible because Ruch was delivering Memmi's products for the benefit of Memmi and with Memmi's knowledge, authorization, and consent. (b) If Cincinnati made payment as set forth in sub- paragraph (a) above, then, for purposes of this accident, Ruch was an insured of Cincinnati under the policy in which Memmi was allegedly the named insured. 15. If Ruch was an insured of cincinnati, as set forth in paragraphs 14(a)-(b) above or otherwise, then Cincinnati cannot claim reimbursement or otherwise seek return of the payment from Ruch, as Ruch was Cincinnati's own insured. 16. If Ruch was not Cincinnati's insured for the purposes of this accident, which is denied, then Cincinnati's alleged payments were the act of a gratuitous volunteer for which Cincinnati is not entitled to reimbursement. -4- 17. To the extent that the cause of the accident is at issue in this case, Defendant Ruch reserves all defenses preserved for him under Pa. R.C.P. 5 1030(b) and under any other applicable law. 18. Plaintiff's claim is or may be barred by estoppel. 19. The actions of cincinnati, first, in making payment as though Ruch were its insured and its coverage applied, then in demanding reimbursement from Ruch even though he was its insured for the matters in question, and then in claiming that it owed no coverage so that in effect it was a gratuitous volunteer with no rights to reimbursement, constitute bad faith on the part of cincinnati. WHEREFORE, Defendant Jeffrey Ruch demands that Plaintiff's Complaint be dismissed and that judgment be entered in his favor, together with the costs of this action. Further, he requests that this Honorable Court take such additional action as is just and equitable under the circumstances. COUHTDCLAIM Jeffrey Ruch v. Cincinnati Insurance ComDanv 20. Paragraphs 1-13 of Plaintiff's Complaint are incorporated herein by reference, without adoption or admission and for purposes of this Counterclaim only. 21. Paragraphs 1-18 above are incorporated by reference. -5- CBRTII'ICATB 01' SBRVICB AND NOW, this ~ day of January, 1996, I, Jered L. Hock, of Metzger, Wickersham, Knauss' Erb, attorneys for Defendant Jeffrey Ruch, hereby certify that I served the foregoing Answer with New Matter of Defendant Ruch, with Counterclaim this day by depositing the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN' SHIPMAN, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 George B. Faller, Esquire HARTSON, DEARDORFF, WILLIAMS' OTTO Ten East High Street carlisle, PA 17013 ~ F \f1LES'JJATAF1t.E'-liF.NI.""Hl'. :J\~'ST111al f'lelled O},I~~o.IO"~Pt.t 1t.rY'lMll Q\.'OII%OQH;Ol^M TRl'\'\ CINClNNATIINSURANCE COMP ANIES. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW NO. 95-4922 CIVIL PROGRESSIVE INSURANCE COMPANY: and JEFFREY C. RUCH. Defendants JURY TRIAL DEMANDED STIPln.ATION It is hereby stipulated this :l ~ day of May. 1996. between Cincinnati Insurance Companies. Plaintiff. and Progressive Insurance Company. Defendant. as follows: I. The Plaintiff commenced this action by tiling a Complaint on or about September IS. 2. The Plaintiff. Cincinnati Insurance Companies. and the remaining Defendant. Progressive Insurance Company. hereby agree and stipulate to have this matter resolved through binding arbitration. 3. PI.untiffand Defendant have agreed upon the selection ofG. Thomas Miller. Esquire as Arbitrator for the binding arbitration pursuant to the Uniform Arbitration Act of 1980. 4. This Court shall retain jurisdiction solely for the purpose of entering and enforcing any judgment entered by the Arbitrator. 1995. Respectfully submitted. DJL'~ Counsel for Plaintiff. Cincinnati Insurance Companies George aller. Jr. Esquire Counsel for Defendant. Progressive Insurance Company . -' ... I. .- Drew P. Gannon, Baquira Attorney IDI74680 GOLDIIBIlG, ~1IGIf " IBIPIIIUI, P.C. Attorneya for Plaintiff 320B Market Street strawberry Square P.O. Box 1268 Harriaburq, PA 17108-1268 (717) 234-4161 CIIfCIIfRATI Ilf8URAHCB COMPAlfIBS . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNA. . . . vs. . . . CIVIL ACTION - LAW . PROGRB8SIVB Ilf8URAHCB COMPANY . . and JUftBY C. RUCR, . NO. 95-4922 civil . Defendants . . 8TIPULATIOlf It is hereby stipulated this I~ day of ~ 1996, between Cincinnati Insurance Companies, Plaintiff; Progressive Insurance company, Defendant; and Jeffrey Ruch, Defendant, as follows: 1. The Plaintiff commenced this action by filing a Complaint on or about September 15, 1995. 2. The Plaintiff hereby agree. and stipulate. to withdraw with prejudice any and all claims against Defendant, Jeffrey Ruch. 3. Defendant Ruch hereby agrees and stipulates to withdraw with prejudice any and all counterclaims against the Plaintiff, no.u L ~.1IOqUUW LD. No. 3201S GOLDIIIUl,ItA1ZMAN A SIDlMAN, P.C. 320....... _ P.O. .... 1261 HonIIlIula.'A 17101-1261 .M_ h "'111II" CDlCDDlATI IIfstJRAHCB CCIIPARIBS, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff CIVIL ACTION - LAN v. NO. 95-4922 Civil PROORBSSIVB IIfstJRAHCB COIIPANY and JBlPPRBr C. IWCB, Defendants 'DR&Rt"'IPR TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, GOLDBERG, KATZMAN &: SHIPMAN, P.C. ~--~' r''J BY': "~J':~""""" --'Thomas E. Brenner, Esquire ID': 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17l08-1268 (7171 234-4161 Attorney for plaintiff I/~IJ'(