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Home My WebLink About03-2187John R. Ninosky, Esquire Attorney I. D. No. 78000 Benjamin D. Andreozzi, Esquire Attorney I.D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff SPANKEY'S AUTO SALES, INC. 701 East Locust Street Mechanicsburg, PA 17055 Plaintiff V. REBECCA ZEIGER, 4 Country Club Place East Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O~ NOTICE TO: REBECCA ZEIGER 4 Country Club Place East Camp Hill, PA 17011 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, e4usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 John R. Ninosky, Esquire Attorney I. D. No. 78000 Benjamin D. Andmozzi, Esquire Attorney I.D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff SPANKEY'S AUTO SALES, INC. IN THE COURT OF COMMON PLEAS 701 East Locust Street Mechanicsburg, PA 17055 Plaintiff V. REBECCA ZEIGER 4 Country Club Place East Camp Hill, PA 17011 Defendant · CIVIL ACTION - LAW · NO. 03-,2hP7 : CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT AND NOW, comes the Plaintiff, Spankey's Auto Sales, Inc., by and through its counsel, Goldberg, Katzman & Shipman, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiffis a business entity located at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is an adult individual whose last-known address is 4 County Club Place East, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about May 13, 2002, Plaintiff allowed Defendant to take a 1996 Volkswagen Jetta, Vehicle No. 3VWSA81H8TM051107, for a test drive with a friend as her father prepared to purchase the vehicle. 4. On or about this date, Plaintiff, while operating Defendant's vehicle, was seen swerving and waving to passing motorists and generally operating the vehicle in an unsafe manner. 5. At approximately 6:45 p.m. on May 13, 2002, Plaintiffwas contacted by Officer McAndrew of the Hampden Township Police, who indicated that Defendant's vehicle was involved in a collision with another vehicle and that it had to be towed. 6. Plaintiff'incurred expenses of $100.00 in towing the vehicle. A copy of the invoice from Interstate Towing and Recovery, Inc. is attached hereto as Exhibit "A". 7. The vehicle was delivered to Defendant with the express or implied requirement that the vehicle be returned to Plaintiffin the same condition as the vehicle was delivered to Defendant. 8. The above-referenced vehicle was delivered to Defendant in a good working order with no known defects. 2 9. When the vehicle was returned to Plaintiff, it was in a damaged condition. 10. Damages to the vehicle amounted to $7,829.65. A copy of the damage appraisal is attached hereto as Exhibit "B". 11. As a direct and proximate result of Defendant's failure to return the above- referenced vehicle in the same condition as when given to Defendant, Plaintiff has suffered damages in the amount of $7,929.65. COUNT I BAILMENT Spankey's Auto Sales, Inc. v. Rebecca Zeieer 12. reference. The facts as set forth in Paragraphs 1 through 11 are incorporated herein by 13. On or about May 13, 2002, Plaintiff delivered an automobile to Defendant for the purpose of Defendant taking a test drive as her father purchased the vehicle. 3 14. The vehicle was delivered to Defendant with the express or implied requirement that the automobile be returned to Plaintiff in the same condition as the vehicle was delivered to Defendant. 15. defects. The vehicle was delivered to Defendant in a good, working order with no known 16. During the time Plaintiff took the vehicle for a test drive, it was operated in a negligent, careless and reckless manner, thereby causing a collision. 17. The vehicle had to be towed from the location of the collision, resulting in Plaintiff incurring expenses of $100.00. See Exhibit "A". 18. The accident occurred solely as a result of Defendant's conduct. 19. The collision caused the vehicle to sustain various damages totaling $7,829.65. 20. Defendant's failure to return the vehicle to Plaintiff in the same condition as it was delivered to Defendant has directly and proximately caused Plaintiff'to suffer damages in the amount of $7,929.65. 4 WHEREFORE, Plaintiff Spankey's Auto Sales, Inc. demands judgment against Defendant in the amount of Seven Thousand Nine Hundred Twenty-Nine and 65/100 ($7,929.65) Dollars, together with interest, delay damages and costs of suit, which is an amount requiring this matter to be submitted to compulsory arbitration. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Benjamin D. Attorney I.D. No. 89271 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff DATE: 93896.1 Exhibit A INTERSTATE TOWING & RECOVERY, INC. PENNSYLVANIA TURNPIKE COMMISSION AUTHORIZED SERVICE GARAGE P.O. Box 205 · Camp Hill, PA 17001-0205 · (717) 730-7102 Date: CITY STATE. 71P :IRCL~ ONE E/B W/B N/B S/B PHONE · WORK 4~ TIME RECEIVED EVENING # OTHER// TIME COMPLETED IYEAR MAKE I MODEL I COLOR STATE UCENSE # YIN ~ Service Performed/Towed To: iNSURANCE CQ NAME OF MOTOR CLUB IPOLICY # MILEAGE FINISH FINISH START START TOTAL TOTAL iNS CLAIM # MEMBERSHIP # . ~ J EXPIRES: PICK-UP/SERVICE CHARGE: J MILEAGE DESCRIPTION OF WORK PERFORMED ON THE ROAD TOW/PICK-UP CHARGE MI.@$ I hereby authorize the above repair work to be done l~. along with the necesaar7 material, and grant you and/or~[0rage your employees, permission to operate the car, truck, or[ vehicle herein described on streets, highways, ori el~ewhera for the purpose of test ng and/or insl~"tiom A mechanic's lien is hereby acknowledged on above car, truck, or vehicle to secure the amount of repair hereto. If it becomes necessary for Interstate Towing Recovery, Inc. to employ a collection agency and/or an attorney to collect this amount. I the undersigned agreel to pay all court costs plus a reasonable attorney's fee i and/or collection agency tee. It ia understood that Interstate Towing & Recovery, assumes no responsibility for loss or damage bY theft. fire or other circumstances beyond their cont-tol to~ vehicles placed with them for storage, sale or repairs. AIJTHORIZED BY ' ),~TE WHITE - ITR, INC. COPY CANARY * P.T.C. COPY SERVICE TIME CLUB # C-ONE ON ARRIVAL @ /Mile: Days @ S Per Day! Parts l Subletl SubtotalI Tax! Subtotal~ Towing Charges Motor Club Pays! TOTA-LDU£ : /CO ~C PINK- CUSTOMER COPY GOLDENROD - M/C COP'/' Exhibit B RECOMMEND VEHICLE IS: Total Loss Date: 5/21/02 11:50 AM Estimate Ip: 2059129 Estimate Version: 1 Supplement: 1 (F) 5/21/02 11:49:40 Al Profile ID: CUSTOMIZED Property Damage Appraisers 5137 Devonshire Road Suite F Harrisburg, PA 17112 (717) 545-1187 Fax: (717) 545-1947 This is not an authorization to repair. Appraisers do not have authority to guarantee payment. Appraisals are subject to review by the insurance company for final approval. No claim, supplement or otherwise will be honored without prior inspection and approval. We reserve the right to inspect any and all damages prior to repair. This appraisal shall include a description of repairs, known at the time of the appraisal, necessary to return the vehicle to its predamaged condition, including labor involved, cost of all parts, necessary painting or refinishing and all sublet work to be done. Authorization to order parts and or start repairs is the sole responsibility of the vehicle owner. A copy of this appraisal has been provided to the vehicle owner. Damage Assessed By: Dan Klinger #133791 Supplemented By: Dan Klinger #133791 Condition Code: Good Date of Loss: 5/13/02 Contact Date: 5/17/02 Deductible: 0.00 File Number: 2050129 Claim Number: 1200013773 Insured: Spankey's Auto Sales Telephone: Work Phone: (717) 737-7777 Appraised For: KEVIN TATMAN Arrival Date: 5/17/02 Inspected: 5/21/02 Mitchell Service: 917367 De. scription: 1996 Volkswagen 3etta GLS Vehicle Production Date: 11/95 Body Style: 4D Sed Drive Train: 2.0L InJ 4 Cyl 4A VZN: 3WNSA81H8TM051107 Ucense: NO PLATE Mileage: 78,377 Color: violet Options: AZR. CONDITIONING, POWER STEER[NG, POWER BRAKES, POWER WINDOWS, POWER DOOR LOCKS TILT STEERZNG WHEEL, CRUISE CONTROI~ ELECTRZC DEFOGGER, AM-FM STEREO AM-FM STEREO CASSETrE, POWER SUNROOF, AUTOMATIC TRANSMISSION PASSENGER FRONT AIR BAG, POWER REMOTE MIRROR, DRIVER FRONT AIR BAG ESTIMATE RECALL NUMBER: 5/21/02 11:34:22 2050129 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: APR_02_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.7.007 All Rights Reserved Page 1 of 6 Date: Estimate ID: Estimate Versio'n: Supplement: Profile ID: 5/21/02 11:50 AM 2050129 1 1 (F) 5/21/02 11:49:40 Al CUSTOMIZED Une Entry Labor Item Number Type I 900500 BDY* 2 3 500007 BDY 4 AUTO REF 5 500008 BDY 6 AUTO REF 7 500009 BDY 8 ' 500010 BDY 9 500016 BDY 10 AUTO REF 11 500018 MCH 12 936000 13 936003 14 500278 BDY 15 AUTO REF 16 AUTO REF 17 500279 BDY 18 500280 BDY 19 500281 BDY 20 500029 BDY 21 AUTO REF 22 AUTO REF 23 24 700001 BDY 25 739542 BDY 26 739543 BDY 27 702190 BDY 28 702540 BDY 29 702550 BDY 30 700021 BDY 31 700022 BDY 32 703140 BDY 33 703740 BDY 34 703950 BDY 35 705848 BDY 36 AUTO REF 37 700826 BDY 38 706040 BDY 39 706050 BDY 40 701743 BDY 41 AUTO REF 42 706810 BDY 43 739570 MCH 44 701762 MCH 45 700844 MCH 46 701765 MCH 47 71S480 MCH 48 900500 BDY* 49 701010 GLS 50 700779 REF Operation REMOVE/REPLACE REMOVE/REPLACE REFINISH REMOVE/REPLACE REFINISH REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REFINISH REMOVE/REPLACE ADD'L COST ADD'L COST REMOVE/REPLACE REFINISH REFINISH REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REFINISH REFINISH REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE CHECK/ADJUST REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTALL REMOVE/INSTAll REMOVE/REPLACE REMOVE/INSTAll REMOVE/INSTALL REPAIR REFINISH REMOVE/REPLACE REMOVE/INSTALL REMOVE/INSTALL REMOVE/REPLACE REFINISH REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REMOVE/REPLACE REPAIR REMOVE/REPLACE BLEND ESr[MATE RECALL NUMBER: Mitchell Data Version: UltraMate Version: Line Item Description RT 3/4 FRONT CLIP LINE MARKUP %25.00 FRT REPLACE BUMPER FRONT BUMPER REPLACE GRILLE GRILLE COMPLETE R REPLACE HEADLAMP ASSEHBLY L REPLACE HEADLAMP ASSEMBLY REPLACE RADIATOR SUPT RADIATOR SUPPORT REPLACE A/C CONDENSER -M FREON &. OIL COOLANT REPLACE HOOD HOOD ADD FOR UNDERSIDE R HOOD HINGE L HOOD HINGE HOOD INSULATOR R REPLACE FENDER R FENDER ASS( R ADD TO EDGE FENDER *** END OF ATG SECTION INFORM LABEL AIR COND CAUTION LWR GRILLE FILLER GRILLE EMBLEM HEADLAMPS R PARK/SIGNAL LAMP LENS & HOUSING L PARK/SIGNAL LAMP LENS & HOUSING R FRT MARKER LAMP ASSEMBLY L FRT MARKER LAMP ASSEMBLY HOOD INSULATOR RETAINER CO01 tNG RADIATOR CO01JNG FAN SHROUD L FENDER PANEL L FENDER OUTS[DE R FENDER liNER R FENDER SIDE MLDG L FENDER SIDE MLDG R FRONT BODY APRON -S R APRON ASSEMBLY COMPLETE R UPR FRONT BODY SIDEMEMBER -S AIR BAG MODULE-DRIVER SIDE -M AIR BAG MODULE-PASSENGER SIDE -M R AIR BAG COVER -M AIR BAG CONTROL UNTr -M AIR CLEANER ASSEMBLY -M TRIM AND RECONDITION LKQ PARTS W/SHIELD GLASS R FRT DOOR OUTSIDE 5/21/02 11:34:22 2050129 APR_O2_A 4.7.007 UltraMate Is a Trademark of Mitchell International Copyright (C) 1994 - 2000 Mitchell International All Rights Reserved Part Type Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part Qual Recycled Part New Qual Recycled Part Qual Recycled Part Existing Existing Existing Existing New Existing Existing Existing Qual Recycled Part Qual Recycled Part Qual Recycled Part New New New New Qual Recycled Part Existing Sublet Dollar Labor Amount Units 1,500.00 * 0.0' 375.00 ~ INC* INC C 1.5 INC* INC C 1.0 INC* 0.3 # INC* 0.3 # INC* 3.3 # 1.5 INC* 2.0 30.00 * 12.00 * INC* 0.7 C 2.2 C 1.0 0.3 0.3 0.2 INC* 2.5 # C 1.3 C 0.5 0.74 INC* 0.4 INC* 0.2 0.4 0.2*# 0.2*# 0.2*# 0.2*# 14.40 * 2.6*# INC*# 1.5'# C 1.8 INC* 0.4 0.2 0.2 INC* 6.0*# 1.0 INC* 2.5 872.00 1.0 # 627.00 0.8 ~'" 90.00 INC # 432.80 1.1 INC* 0.5 3.0* 365.00 * 0.0'# C 1.0 Page 2 of 6 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 722760 722780 723300 723770 701698 AUTO 727840 727850 728290 900500 931010 936001 AUTO 933003 933005 933006 933012 933017 933018 AUTO AUTO BDY REMOVE/INSTALL BDY REMOVE/INSTALL BDY REMOVE/~NSTALL BDY REMOVE/INSTALL BDY REPA[R REF REF"[NISH BDY REMOVE/INSTALL BDY REMOVE/INSTALL BDY REMOVE/INSTALL FRM* REPAIR MCH ALIGN ADD'L COST REF ADD'L OPR REF ADD'L OPR BDY ADD'L OPR FRM ADD'L OPR REF ADD'L OPR REF ADD'L OPR ' REF ADD'L OPR ADD'L COST ADD'L COST R FRT DOOR MOULDING R FRT REAR V[EW MIRROR R FRT DOOR TR~M PANEL R FRT OTR DOOR HANDLE ROOF PANEL ROOF PANEL R ROOF SIDE MOULDING L ROOF SIDE MOULDING SUNROOF ASSY PULL FRONT UNIBODY FRONT SUSPENSION TOWING CLEAR COAT T~NT COLOR RESTORE CORROSION PROTECTION FRAME/RACK SET UP STR.[PE COLOR SAND & BUFF MASK FOR OVERSPRAY PAiNT/MATERiALS HAZARDOUS WASTE DISPOSAL * - .ludgement Item # - Labor Note Applies C - Included in Clear Coat Calc Date: 5/21/02 11:50 AM Estimate ID: 2050129 Estimate Versioh: 1 Supplement: I (F) 5/21/02 11:49:40 Al Profile ID: CUSTOMIZED 0.2 0.6 # INC 0.2 # Existing 3.0* C 2.7 .~ 0.3 0.3 1.5 Existing 3.0* Sublet 49.95 * 0.0' 172.00 * 2.9 0.5* 7.00 * 0.4* 2.0* 15.00 * 0.4* 1.0' 5.00 * 0.2* 359.10 * 3.00 * Remarks QUALITY RECYCLED PARTS: 1 AUMILLERS AUTO PARTS 717-896-3994 BILL $1500.00 2 NEW CUMBERLAND AUTO PARTS 717-774-1190 CHR.[S $1800.00 Pdor Damage NO PRIOR DAMAGE EST[MATE RECALL NUMBER: Mitchell Data Version: UltraMate Version: 5/21/02 11:34:22 2050129 UltraMate Is a Trademark of Mitchell International APR_02_A Copyright (C) 1994 - 2000 Mitchell International 4.7.007 All Rights Reserved Page 3 of 6 Date: 5/21/02 11:50 AM Estimate ID: 2050129 Estimate Ve~ioh: Supplement: 1 (F) ~21/02 11:49:40 A! Profile ID: CUSTOM[ZED The follow±rig ±s a list of abb:eviations/symbols commonly found appraisals: BDY=Body, BDS=Body structure, REF=Refinish, GLS=Glass FRM=Frame, MCH=Mechanical, FRT=Front, RR=Rear, L=Left, R=Right, UPR=Upper, LWR=Lower, OTR=Outer, INR=Inner, ASSY=Assembly, SUSP=Suspension, EXT=Extension, BRKT=Bracket, INST=Instrument, ATG=Assembly Time Guide, ADD'L COST=Additional Cost, ADD'L OPR= Additional Operation, QUILL REPL PART=Quality Replacement Part, QUAL RECYCLED PART=Quality Recycled Part, H/LAMP=Headlamp, W/SHIELD=Windshield, MLDG=Moulding, D=Discontinued Part, A=Approximate Price, B=Body Labor, D=Diagnostic, E=Electrical, F=Frame, G=Glass, M=Mechanical, P=Paint Labor, S=Structural, T=~axed, ADJ=Adajacent, ALGN=Align, A/M=Aftermarket, BLND--Blend, CAPA=Certified Auto Parts Association, EST=Estimate, INCL-Included, R&I=Remove and Install, R&R=Remove and Replace, LKQ=Like Kind and Quality Parts, (Used OEM or Non-OEM (A/M), O/H=Overhaul, B=Betterment. If at any time you do not understand a particular symbol or abbreviation, contact the insurer for an explanation. Add'l Labor Sublet 1~.. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary _.. Amount Body 32.6 38.00 7.00 0.00 1,245.80 T Taxable Parts 3,901.94 Refinish 20.5 38.00 20.00 0.00 799.00 T Parts AdJustments 375.00 Frame 5.0 40.00 0.00 0.00 200.00 T Sales Tax @ 6.000% 256.62 Mechanical 5.4 46.00 0.00 49.95 298.35 T Taxable Labor 2,543.15 Labor Tax @ 6.000 % 152.59 Labor Summary 63.5 2,695.74 Additional Costs Taxable Costs Sales Tax Total Replacement Parts Amount Non-Taxable Costs Total Additional Costs 4,533.56 Amount IV. AdJustments Amount 404.10 Insurance Deductible 0.00 @ 6.000% 24.25 Customer Responsibility 0.00 172.00 600.35 Total Labor: 2,695.74 Total Replacement Parts: 4,533.56 Total Additional Costs: 60J~.,35 Gross Total: 7,8Zg:65 ESTZMATE RECALL NUMBER: 5/21/02 1~.:34:22 2050129 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR_02_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.7.007 All Rights Reserved Page 4 of 6 Date: 5/21/02 11:50 AM Estimate ID: 2050129 Estimate Versio6: 1 Supplement: 1 (F) 5/21/02 11:49:40 A~ Profile ID: CUSTOM[ZED Total AdJustments: 0.00 Net Total: 7,829.65 Less Original Net.Total: 7,829.65 Point(s) of l~mpact 12 Front Center Insurance Co: Universal Underwriters Group Address: Penn Center West Bldg 4 Suite 313 Pittsburgh, PA 15276 Work Phone: (412) 494-3231 Fax Phone: (877) 867-1096 Tnspection Site: SPANKEYS AUTO BODY Body Shop: Total Loss It is understood that the body shop listed on this appraisal, if one is listed, agrees to complete and guarantee all repairs listed on this appraisal for the amount listed on this appraisal. All repairs must be completed in strict accordance to the manufacturer's specifications and recommendations. Costs above the appraised amount may. be the responsibility of the vehicle owner. There is no requirement to use any specified repair shop. Information regarding repair facilities which will be able to repair the vehicle for the appraised amount is available from the insurer. Deductibles may not be listed on the appraisal. Ail deductibles and betterments must be collected from owner prior to release of vehicle. Any incidental charges known at the time of appraisal, such as towing, betterment, storage, etc., are contained in this appraisal. This appraisal may include the use of aftermarket crash parts. An aftermarket crash part = a nonoriginal equipment manufacturer (Non OEM) Replacement Part, either new or used for any of the non- mechanical parts that generally constitute the exterior of the motor vehicle, including inner and outer parts. If the use of an after- market crash part voids the existing warranty on the part being replaced or any other part, the aftermarket crash part shall have a warranty equal to or better than the remainder of the existing warranty. Aftermarket crash parts are warranted by the manufacturer or distributor of the aftermarket parts and not the manufacturer of the vehicle. Aftermarket parts can be identified by the following symbols: A/M, QUALITY REPLACEMENT PARTS, QRP & DOUBLE ASTERISK**ITEMS. EST[MATE RECALL NUMBER: 5/21/02 L1:34:22 2050129 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR 02 A Copyright (C) 1994 - 2000 Mitchell [nternaUonal UltraMate Version: 4.7.007 All Rights Reserved Page 5 of 6 Date: 5/21/02 11:50 AM Estimate ID: 2050129 Estimate Versio6: 1 Supplement: ! (F) 5/21/02 11:49:40 AF Profile ID: CUSTOMIZED "Any person who knowingly, and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects the person to criminal and civil penalties." ESI~MATE RECALL NUMBER: 5/21/02 12:34:22 2050129 UltraMate is a Trademark of Mitchell International Mitchell Data Version: APR_02_A Copyright (C) 1994 - 2000 Mitchell International UltraMate Version: 4.7.007 All Rights Reserved Page 6 of 6 VERIFICATION I, ~0~ ~%%~ hereby acknowledge that Spankey's Auto Sales, Inc. is a Plaintiff in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Complaint, that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: SPANKEY'S AUTO SALES, INC. By: Name: Title: ,C~ ~--~ ~ (,~4- -- SHERIFF'S RETURN - REGULAR CASE NO: 2003-02187 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPANKEY'S AUTO SALES INC VS ZEIGER REBECCA CPL. 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 ZEIGER REBECCA the DEFENDANT at 4 COUNTRY CLUB PLACE EAST · at 1938:00 HOURS, on the 9th day of May CAMP HILL· PA 17011 by handing to DALE ZEIGER, FATHER a true and attested copy of COMPLAINT & NOTICE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ ~ day of ~L~/ ~ A.D. tP~othonotary So Answers: R. Thomas Kline 05/12/2003 GOLDBERG KAT ZMAN/~MAN ~ By: ' .- / .... Deputy Sqner i f f~-~. 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. R SECCA ZEmER, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-2187 CIVIL TERM CIVIL ACTION - LAW JURY TRIAl, DEMANDED 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 Answer with New Matter of Defendant Rebecca Zeiger to Plaintiff's Complaint 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 ma)' be entered against you by the Court without further notice for any money claimed in the Answer with New Matter of Defendant Rebecca Zeiger to Plaintiff's 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. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenne, Suite 503 Camp Itill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2187 CIVILTERM CIVIL ACTION - LAW JURY TRIAl. DEMANDED ANS'vVER WITH NEW I~_ATTER OF DEFENDANT REBECCA ZEIGER TO PLAINTIFF'S COMPLAINT AND NOW, comes thc Defendant, Rebecca Zciger, by her attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint: 1-2. Paragraphs 1 and 2 of the Complaint are admitted. 3. Paragraph 3 of the Complaint is admitted in part and denied in part. It is admitted that Plaintiff allowed Defendant to take the subject automobile for a test drive on the date stated. Thc remaining allegations in paragraph 3 are denied. On the contrary, Defendant's father was not preparing to purchase the vehicle in question but had accompanied Defendant to test drive and inspect the vehicle. 4. Paragraph 4 of the Complaint incorrectly avers that Plaintiff was operating Defendant's vehicle. On the contrary, Defendant was operating Plaintiff's vehicle. The remaining allegations in paragraph 4 of the Complaint are denied generally pursuant to Pa. R.C.P. 1029(e). 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 5 of the Complaint pertaining to Officer McAndrew's contact with Plaintiff. Therefore, they are denied and strict proof is demanded. Defendant further denies that her vehicle was involved in a collision with another motor vehicle. On the contrary, Defendant was driving Plaintiff's vehicle when it was involved in a collision. 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6 of the Complaint. Therefore, they are denied and strict proof is demanded. By way of further answer, there is nothing on Exhibit "A" which indicates the date of service or the nature of the service provided. 7. The allegations in paragraph 7 of the Complaint regarding an "express" requirement are specifically denied. Certainly Defendant inte~aded to return Plaintiff's vehicle in the same condition it was in when she took it for the test drive. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 8 of the Complaint. Therefore, they are denied and strict proof is demanded. 9. Paragraph 9 of the Complaint is admitted. 10. Paragraph I0 of the Complaint is admitted to the extent that a repair estimate in the stated amount was attached to the Complaint as Exhibit "B'. 2 11. Paragraph 11 of the Complaint is admitted to the extem that Exhibits "A" and "B" add up to the stated amount. However, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the lxuth of Plaintiff's allegations regarding the amoum of damages actually incurred. Therefore, they are denied and strict proof is demanded. COUNT I BAILMENT SPANKEY'S AUTO SALES, INC. V. REBECCA ZEIGER 12. In response to paragraph 12 of the Complaint, Defendant incorporates herein by reference paragraphs 1 through 11 above as though set forth at length. 13. In response to paragraph 13 of the Complaint, Defendant incorporates herein by reference paragraph 3 above as though set forth at length. 14. In response to paragraph 14 of the Complaint, Defendant incorporates herein by reference paragraph 7 above as though set forth at length. 15. In response to paragraph 15 of the Complaint, Defendant incorporates herein by reference paragraph 8 above as though set forth at length. 16. The allegations in paragraph 16 of the Complaim are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are specifically and generally denied. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 17 of the Complaint. Therefore, they are denied and strict proof is demanded. By way of further answer, Exhibit "A" to Plaintiff's Complaint does not provide the date or nature of service allegedly provided. 18. The allegations in paragraph 18 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 19. In response to paragraph 19 of the Complaint, Defendant incorporates herein by reference paragraph 10 above as though set forth at length. 20. In response to paragraph 20 of the Complaint, Defendant incorporates herein by reference paragraph 11 above as though set forth at length. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in this Defendant's behalf sustained. NEW MATTER 21. Plaintiff's Complaint fails to state a claim against Defendant upon which relief can be granted. 22. Defendant believes, and therefore avers, that any damages allegedly suffered by the Plaintiff were, or are, covered by an insurance policy issued to Plaintiff by Universal Underwriters Group pursuant to which Defendant, as a permissive user of the vehicle, would qualify as an insured driver. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in this Defendant's behalf sustained. Date: June 16, 2003 Respectfully subrmtted, LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate A[/enue, Suite 503 Camp Hill, PA 17011 Telephone No. (71.7) 731-0988 Identification No. 55453 (Attorney for Defendant) 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER, (DEFEnDAnT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2187 CIVILTERM CIVIL ACTION - LAW JURY Tm/d, DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Rebecca Zeiger herein, and that she caused a true and correct copy of Answer with New Matter of Defendant Rebecca Zeiger to Plaintiff's Complaint to be served by regular first class mail upon: Dated: June 16, 2003 John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268; Attorney for Defendant 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 03-2187 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Rebecca Zeiger. Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES Date: June 16, 2003 By: Identification No. 55453 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (r INTIVF) VS. REBECCA ZEIGER, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 03-2187 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Rebecca Zeiger herein, and that she caused a true and correct copy of ~earance_ to be served by regular first class mail upon: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: June 16, 2003 E. Kinzel, Esquire for Defendant 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PL r TIFF) VS. REBECCA ZEIGER~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 03-2187 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file and attach the attached Verification to Answer with New Matter of Defendant Rebecca Zeiger to Plaintiff's Complaint, that had been filed with the Court on or about June 17, 2003. Date: June 23, 2003 Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES JoAnne E.~nzS~q~, Esquire Attorney fo~' Defendant Identification No.55453 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2187CIvILTERM CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Rebecca Zeiger, verify that the statements made in the foregoing Answer with New Matter of Defendant Rebecca Zeiger to Plaintiff's Complaint are tree and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~0~/7/~, ~ (Defendant) 03HB-00084 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant Rebecca Zeiger SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER, (OI~rENOANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 03-2187 CIVILTERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant Rebecca Zeiger herein, and that she caused a true and correct copy of Praecipe to Attach Verification to be served by regular first class mail upon: Dated: June 23, 2003 John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 eyE. K~nzel Es rare John R. Ninoskry, Esquire Attorney I. D. No. 78000 Benjamin D. Andreozzi, Esqtfire Attorney I.D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff SPANKEY'S AUTO SALES, INC. Plaintiff REBECCA ZEIGER Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 03-2187 Civil Term PLAINTIFF, SPANKEY'S AUTO SALES, INC.'S RESPONSE TO DEFENDANT, REBECCA ZEIGER'S NEW MATTER 21. Denied. The averments contained in Paragraph 21 are conclusions of law and fact to which no response is required. Ifa response is deemed to be required, the averments contained therein are specifically denied. 22. Denied. It is specifically denied that any damages suffered by Plaintiff are covered by any insurance policy other than that of the Defendant. WHEREFORE, Defendant's New Matter should be dismissed and judgment should be entered in favor of the Plaintiff. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John R. Ni~6sk~, Esquire Attorney I{D/dXlo. 78000 Benjamin 135 Andreozzi Attorney I.D. No. 89271 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and m the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania: JoAnne E. Kinzel, Esq. Law Offices of Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, Pa 17011 Date: GOLDBERG, }CATZMAN & SHIPMAN, P.C. Benjamin D.~eozzi, Esquire P.O. BOX 1)~6/8~ Harrisburg/PA 17108-1268 Telephoh~ (717) 234-4161 Attorneys for Plaintiff IN THE COURT OF COI~tI~tON PLEAS OF THE NINTH 3UDICIAL DISTRICT OF PENNSYLVANIA Waiter Williams and 3anet Wilt-Williams a/k/a 3anet Wilt, Plaintiffs Northern Construction Associates, And Harry L. Grossman, And Michael E. Garman Defendants Civil Action No. 2003-02305 3ury Trial Demanded PRAECIPE TO REINSTATE COMPLAINT PURSUANT TO Pa. R.C.P. 401(b)(1) To the Prothonotary: Kindly reinstate the ¢ornpla/ntfiled in this action pursuant to Pa. R.C.P. 401(b)(1) and forward the Cornpla/ntto the Sheriff for service on the Defendants. Date: July 1, 2003 By: Respectfully Submitted: Keil:h A. Noll, Esquire Pa. Sup. Ct. ID No. 81968 Maxwell Law Offices 92 West Main Street Waynesboro, PA 17268 Phone: (717) 762-2118 Attorney for Plaintiffs Walter Williams and Janet Wilt- Williams a/k/a Janet Wilt 03HB-00084 GOLDBERG, KATZMAN & SHIPMAN, P.C. Benjamin D. Andreozzi, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone Number: (717) 234-4161 Attorneys for Plaintiff SPANKEY'S AUTO SALES, INC., (PLAINTIFF) VS. REBECCA ZEIGER, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 03-2187 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Benjamin D/~ndr~ozzi, Esquire 320 Market(Stre/at/- Strawberry Square P.O. Box 1~8~ Harrisburg, PA 17108-1268 Attorney for Plaintiff Court I.D. ~.5 (~ 2~ I