HomeMy WebLinkAbout97-4156 CivilGENERAL ACCIDENT
INSURANCE COMPANY
as Subrogee of Lalmohammed
Abdulaziz,
PLAINTIFF
Vo
PAUL E. HAIGH,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 97-4156
IN RE; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HOFFI3R, P.J.. HESS and OLER. JJ.
ORDER OF COURT
AND NOW, this of July, 1998, upon consideration of the motion for summary
judgment filed by the Plaintiff', and for the reasons stated in the accompanying opinion,
PlaintiWs motion is granted and judgmem is entered in favor of Plaintiff and against Defendant
in the amount of $5,389.23, payable at the rate of $10.00 per month until fully paid, plus costs of
suit, with credit to be given to Defendant for payments made heretofore on the obligation.
BY THE COURT,
J~wes ey Ole J~_~.
DOUGLAS B. MARCELLO, ESQ.
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108
(Attorney for Plaintiff)
PAUL E. HAIGH
411 First Street, Apartment 3
Carlisle, PA 17013
(Defendant, Pro Se)
GENERAL ACCIDENT :
INSURANCE COMPANY :
as Subrogee of Lalmohammed :
Abdulaziz,
PLAINTIFF
PAUL E. HAIGH,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 97-4156
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HOFFER. P.J.. HESS and OLER. JJ.
ORDER OF COURT
Oler, J., July 1998. · '.
In this civil action, the Plaintiff alleges that the Defendant entered into a settlement
agreement with the Plaintiff, whereby Defendant accepted liability for payment of certain
damages arising out of a motor vehicle accident involving Defendant and Plaintiff's insured?
Presently before the court is a motion for summary judgment filed by Plaintiff. For the reasons
stated in this opinion, PlaintiWs motion for summary judgment will be granted.
STATEMENT OF FACTS
The following facts are alleged in Plaintiff's complaint: On April 17, 1997, Defendant
entered into an agreement with the Plaintiff to pay certain damages incurred by Plaintiff's insured
in a motor vehicle accident caused by Defendant's negligence? Under the settlement, the sum of
' Plaintiff's complaint, in paragraphs 2 through 4, avers that the Plaintiff, General
Accident Insurance Company, has become subrogated to all rights of recovery against the
Defendant by its insured, Lalmohammed Abdulaziz, stemming from a motor vehicle accident
involving the Defendant and Marun Abdulaziz.
2 Plaintiff's complaint, in paragraphs 4 and 6, states that the accident occurred on
December 3, 1996.
NO. 97-4156 CIVIL TERM
$5389.23 was to be paid to Plaintiff by Defendant, at the rate of $10.00 per month.3
Specifically, paragraph 6 of Plaintiff's complaint avers that on April 17, 1997, Defendant
entered into an agreement with the Plaintiff to satisfy the damages incurred as a result of
Defendant's alleged negligence and agreed to make payments in the amount of $10.00 per month
until satisfied. Defendant's responsive pleading admits that Defendant entered into the
agreement with the Plaintiff on April 17, 1998, and states that he has made the $10.00 per month
payments since that time.4
Under Pennsylvania law, "[a]fier the relevant pleadings are closed, but within such time
as not to unreasonably delay trial, any party may move for smnmary judgment in whole or in part
as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary
element of the cause of action or defense which could be established by additional discovery or
expert report ...."Pa. R.C.P 1035.2(1).
In the present case, the Plaintiff alleges that the Defendant entered into a settlement with
the Plaintiff. Due to the fact that the Defendant in his answer admits to entering into this
3 Plaintiff's complaint, in paragraphs 6 and 7, avers that the Defendant entered into an
agreement with the Plaintiff to satisfy the damages stemming from a December 3, 1996,
vehicular accident involving the parties, and that Defendant agreed, pursuant to the settlement, to
make payments in the amount of $10.00 per month until the total amount of damages was
satisfied.
4 Defendant's answer, in paragraph 6, admits that the Defendant entered into the
agreement, but denies that he was responsible for the accident.
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NO. 97-4156 CIVIL TERM
agreement and to making payments pursuant to the agreement, it appears to the court that there
is no genuine issue as to whether the parties contracted as alleged by Plaintiff or whether
Defendant is liable in accordance with the agreement.
Accordingly, the court will grant Plaintiff's motion for summary judgment pursuant to
Pennsylvania Rule of Civil Procedure 1035.2(1):
QRDER OF COURT
AND NOW, this 17th day of July, 1998, upon consideration of the motion for summary
judgment filed by the Plaintiff, and for the reasons ~tated in the accompanying opinion,
Plaintiff's motion is granted and judgment is entered in favor of Plaintiff and against Defendant
in the amount of $5,389.23, payable at the rate of $10.00 per month until fully paid, plus costs of
suit, with credit to be given to Defendant for payments made heretofore on the obligation.
BY THECOURT,
s/J. Wesley Oler, Jr.,
J. Wesley Oler, Jr., J.
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NO. 97-4156 CIVIL TERM
DOUGLAS B. MARCELLO, ESQ.
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108
(Attorney for Plaintiff)
PAUL E. HAIGH
411 First Street, Apartment 3
Carlisle, PA 17013
(Defendant, Pro Se)
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