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Home My WebLink About03-3274Thomas E. Bmmer Esquire I.D. #32O$5 GOLDBERG, KATZI~t~I & SHIPMAN, P.C. 320 Mank~t Street p, O. Box 12~$ H~isburg. PA 1710~-12~8 (717) 234-4~6~ Coumel fc~ Plaintiff ERIE INSURANCE COMPANY Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NOT CE YOU HAVE BEEN SUED IN COURT. If you wish to defend against thc 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 wdtin$ 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOUDO 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le hah demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al portir de la fecha de la demanda y la notificacion. Us'ted debe presentor una apariencia escrita o en persona o por abogado y orchivor 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 nofificacion y pot cualquier quja o puede pexder dinero o sus propiedades o 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 O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland CountyBarAssoci~ion 2Liberty Avenue Car~sl~ PA17013 1-800-990-9108 ERIE INSURANCE COMPANY Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY', PENNSYLVANIA 03 - COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance Company, by its attorneys, Goldberg, Ka -tnnan & Shipman, P.C. 1. Plaintiff Erie Insurance Company is a business entity authorized to issue policies of insurance within the Commonwealth of Pennsylvania with an address of 4701 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Terri Kaylor is an adult individual residing at 139 Falmouth Road, Bainbridge, Lancaster County, Pennsylvania. 3. This claim is based upon a Judgment Note signed by Defendant Kaylor on September 18, 2001. The Judgment Note is attached as Exhibit A. 4. Judgment is not be'mg sought by confession against a natural person in connection with a consumer credit transaction. 5. The note evidenced Defendant Kaylor's commitment to make installment payments to satisfy a property damage obligation arising from a motor vehicle accident on October 10, 2000, which occurred in Middletown, Dauphin County, Pennsylvania. 6. Despite her commitment to make monthly payments, Ms. Kaylor made payments totaling only $450 and has not made a payment since May, 2002. 7. The Sud~nent Note states that if Defendant Kaylor f~ils to make monthly payments, the entire amount of the damages becomes due and payable. 8. Pursuant to the terms of the attached Judgment Note, Ms. Kaylor owes the remainder of the property damages amounting to a total principal sum of $8,237.91, plus interest at the rate of 6% per annum and all other costs of suit. 9. Judgment has not been entered on this instrument in any jurisdiction. JUDGEMENT NOTE $8,687.91 ~/2~t /~ ,2001 The undersigned, Terri Kaylor, hereby promises to pay to Daniel and Nancy Heitzman, their successors and assigns and Erie Insurance Company, the principal amount of $5,103.50, payable in accordance with the conditions hereafter set forth.. The amount of $5,103.50 will be paid in monthly installments of at least $50.00 per month, with payment being made directly to Erie Insurance Group, or its Attorneys. This amount is being paid to satisfy a claim for property damage arising from an accident of October 10, 2000 in Middletown, Dauphin County, Pennsylvania, in which a vehicle operated by Terri Kaylor collided with a vehicle owned by Daniel L. Heitzman and Nancy Heitzman resulting in total damages of $8,687.91, plus filing fees and costs of $103.50. The parties have agreed to a settlemant whereby Terri Kaylor will pay $5,000 plus costs of $103.50. Upon completion of the monthly payments, the remainder of the property damage amount will be forgiven and this Note marked satisfied. However, should Terri Kaylor, fail to make the payments described above, the unpaid amount of the total damages will be due. Upon failure to make payments as herein agreed in this Note, I hereby authorize and empower any attorney of any Court of record of Pennsylvania or elsewhere, to appear for and confess judgment against me for the remaining sum due and payable hereon, pursuant to Pa.R.C.P. 295 l(a)(1) with or without declaration, with costs of suit, interest at the rate of 6% per annum, attorney's fees, release of errors and without stay of execution. I also waive any right of inquisition on any real estate that may be levied upon to collect this Note. I do hereby voluntarily condemn the same and authorize the Prothonotary to enter said voluntary condemnation upon any fled facias that may be issued to collect said judgment. I further agree that said real estate may be sold on fled facias, and I hereby waive and release ail relief from any and all appraisement, stay of execution, exemption or bankruptcy laws of this or any other state now in force or hereafter to be passed. This Note is executed without duress or coercion and with my full and complete understandhag of the consequences upon my failure to make payment as agreed. IN WITNESS WHEREOF, the unders'lgned has caused this Note to be executed on the day and year above written. ATTEST: Terri Kaylor 45732.1 VERIFICATION I, ~~~verify that I am an authorized representative of ~ ~ lnt r uSeU l'a~CjoCi¢ ~tPYl fhbaets2 2 7miCP~!s~ialfOrl:°2 ~i I~lin~irm~:ti~e~ ~ that This Verification and statement is made subject to the penalties of18 Pa.C.S. §4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ERIE INSURANCE COMPANY 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE COMPANY V TERRI KAYLOR Plaintiff Defendant NO. 03-3274 Civil Term PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Scott E. Albert, Esquire on behalf of the Defendant, in the above captioned action. Scott E. Albert, Esq. Attorney for Defendant I.D. No. 53398 50 East Main Street Mount Joy, PA 17552 (717) 653-7374 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE COMPANY Plaintiff TERRI KAYLOR Defendant No. 03-311,74 Civil Term NOTICE TO PLEAD TO: THOMAS E. BRENNER, ESQUIRE ATTORNEY FOR ERIE INSURANCE COMPANY, PLAINTIFF YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Counterclaims within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Scott E. Albert, Esq. \ Attorney for Defendant I.D. 53398 50 East Main Street Mount Joy, PA 17552 (717) 653-7374 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE COMPANY Plaintiff V TERRI KAYLOR Defendant No. 03-3274 Civil Term ANSWER AND NEW MATTER AND NOW, comes the Defendant, Terri Kaylor, by her attorney, Scott E. Albert, Esq. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. The averment calls for a conclusion of law to which no answer is required. 8. Admitted. 9. Admitted. WHEREFORE, the Defendant, Terri Kaylor, prays that the Plaintiff, Erie Insurance Company, take nothing on its Complaint and that the same be dismissed. NEW MATTER 10. Defendant, Terri Kaylor, is indigent and unable to pay the agreed to monthly amount. WHEREFORE, the Defendant, Terri Kaylor, prays that the Plaintiff, Erie Insurance Company, take nothing on its Complaint and that the same be dismissed Scott E. )~lbert, Esq. - Attorney for Defendant ID No. 53398 50 East Main Street Mount Joy, PA 17552 717-653-7374 VERIFICATION I, Tern Kaylor, hereby verify that the facts set forth in the within Answer and New Matter are tree and correct to the best of my knowledge, information and belief. I understand that false statements made therein may subject me to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Tern y CERTIFICATE OF SERVICE I, Scott E. Albert, Esq., attorney for the Defendant, Terri Kaylor, hereby certifies that on this date, a tree and correct copy of the foregoing document was served by first class mail, postage prepaid upon the following: Thomas E. Brenner, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: Scott E. Albert, Esq. \ I.D. #53398 Attorney for Defendant 51) East Main Street Mount Joy, PA 17552 (717) 653-7374 SHERIFF'S RETURN - CASE NO: 2003-03274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLkND ERIE INSUR3kNCE COMPANY VS KAYLOR TERRI OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , KAYLOR TERRI but was unable to locate Her in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On August 4th , 2003 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 50.90 .00 87.90 08/04/2003 So answers.~,~--- /~/?/~ Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this 27~ day of ~..~ ~ ~3 A.D. Prothonotary SHF:RIFF'S 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ Erie Insurance Company 3 DEFENDANT/S/ Terri Kaylor SERVE ~' 5 NAME OF INDIWDUAL COMPANY. CORPORATION, ETC, TO BE SERVED Terri Kay].or 6 ADDRESS (Street or RFP, Apartmenl NO., City, Boro, Twp, State and ZIP Code) AT 139 Falmouth Road Bainbridge, PA 7 iNDICATE UNUSUAL SERVICE: ~i~DEPUTIZE [] OTHER C~nberland July 1£ U3 Now, 20 , I, SHERIFF OF ~r , COUNTY, PA., do her.,r,r,r,r,r,r,r,r~.by .qkeputize the She~iff. f.f.f.~f La~caster County to execute this Wri.~f~furn the[eof to law. This deputation being made at the request and risk of the plaintiff. ~ .;'~ ;-.;;~. ~.~ :i,~ ~ · 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C~nberland PLEASE TYPE DO NOT DETACH ANY COPIES. 2 COURTNUMSER 03-3274 civil 4 TYPE OF WRIT OR COMPLAINT Notice & Complaint NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any proberty under within writ may leave same without a watch man, ih custody of whomever is found in possession, after hotifyir~g person of levy or attachment, withe ut/iabilit y on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriR*s sale thereof 9. SIGNATURE el ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE T[-~Ac~ ~;,o,'h',~.~ G~T,DR~ ~ZM~ ~ ~RTP~A~ 717-234-4161 7 / 1 0 /0 3 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 13or complamt as md~cated abovel acknowledge receipt of the writ } NAME of Authorized LCSO Deputy or C~erk 14. Date Received 15 E xpiration/Headng date · ~",1NETTE WALTON (717) 295-3609 7/15/03 8/11/03 16 I hereby CERTIFY and RETURN that,ft~hg~e p?r~onally served [] have legal evidence of service as shown in "Remarks" E~ have execu ed as shown n "Remarks",thewri orcompaintdescrbedon heindivdual, company, corpora ion, ec,.a headdressshownaboveorontheindividual, company, cor- potation, etc., at the address insert~ below by handing a TRUE a~d A~ESTED COPY thereof t7 ~1 hereby ce~ifyand return a NOT FOUND becausel am unable to locate the individual, company, corporation, etc,,named above (See remarks below) 18 Name and lide of individual served (if not shown above) (Relationship to Defendant) 19. ~No~ I I. , 31 AFFIRMED ancJ subscribed to before me ff~is .. 34. day of ~ '~J~ ~/ 20 MY COMMISSION EXPIRE8 1. WHITE - Issuing Au~ori~ ~. PJNK - A~omey 3- CANARY - Shedfl'~ Office 4. BLUE - Sheriff's Office //.~/,~ SO ANSWER. 32 Si nature . 33 Dat 35 Signature of Sheriff ERIE INSURANCE COMPANY Plaintiff : IN THE COUP.[[' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Defendant PLAINTIFF'S REPLY TO NEW MATI'ER OF DEFENDANT KAYLOR AND NOW, comes the Plaintiff, Erie Insurance Company, by its attorneys, Goldberg, Kai~an & Shipman, P.C. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). WI~REFORE, Plaintiff Erie Insurance Company requests that the New Matter of Defendant Terd Kaylor be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY · Brenner, Esquire Attorney I.D. No. 32085 320 Market S~reet P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney ~,r Plaintiff I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Plaintiff; that I have read the foregoing Reply to New Matter; and 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 unswora falsification to authorities. Thomas E. Brenner, Esq. CERTWICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Scott E. Albert, Esq. 50 East Main Street Mount Joy, PA 17552 Date: 100374. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire : IN THE COURT OF COMMON PLEAS OF ERIE INSURANCE CO14PANY, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 03-3'~,74 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner, Esquire , counsel for the plaintifl~le~ii~sR in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $8,237.91 ~lus costs and interest. The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Scott E. Albert, Esquire, counsel for defendant. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ~ER~KATZMAN~& SHIPMAN, P.C. By: ORDER OF COURT Thomas E. Brenner, Esquire AND NOW, / , ~, in consideration of the ' foregoing petition,Esq., Esq., ~d ~x ~ ~ /~/Y~5 ~ . Esq., ~ appointed ~bitrators in the above captioned action (o~ r actions) ~ pmy~r, a ~ .~dlJ .... ERIE INSURANCE TERRI KAYLOR I~N RE: ARBITRA' AND NOW Barbara Zimmerm hearing, Debra W~ COMPANY: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-3274 CIVIL TERM FION PANFI ORDER OF COURT October 31, 2003, the Court having been informed that m, Esquire, is unavailable for the above-captioned arbitration let, Esquire, is appointed in her stead. By the Court, ./~/illiam Yocum, EsqUire Chairman Court Administrator ERIE INSURANCE COMPANY, Plaintiff TERRI KAYLOR, Defendant : NO. OATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3274 ,CIVIL TERM We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity, AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If 4amagqs for delay are ~awarded, they ~halI be s~p, arately stated.) . . . ~bi~ator, mssents. (~se~ name it appi]sa~ . ---~ . ~ ..~TICE OF ENTRY OF AWARD Now, the l ?+kday or .I )~-c ,2(~1~, atlO :/4'~, ]~.M., the above award was entered upon the docket and notice thereof given3qy mail to the parties or their attoyfi'~ys. Artibitrators'compensation to be (3~2'-~) Paid upon appeal: Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE COMPANY, Plaintiff V. TERRI KAYLOR, Defendant NO. 03-3274 Civil Term PRAECIPE TO WITHDRAW ANSWER AND NEW MATTER TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The Defendant, Ten5 Kaylor, requests that her Answer and New Matter filed on August 21, 2003 in the above-referenced matter be withdrawn without prejudice. Date: December 15, 2003 Scott E. Albert, Esq. Attorney for Defendant I.D. No. 53398 50 East Main Street Mount Joy, PA 17552 (717) 653-7374 ERIE INSURANCE COMPANY Plaintiff Vo Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : : : No. 03-3~74 : : PRAECIPE FOR ENTRY OF JUDGMENT Please enter Judgment on the Award of Arbitrators entered on December 17, 2003 in the amount of $8,237.91 plus interest at 6% per annum and costs of record. G OLDBERG, KATZMAN & SHIPMAN, P.C. BY: ~ ~' Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Pla'mtiff Date: January 22, 2004 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Scott E. Albert, Esq. 50 East Main Street Mount Joy, PA 17552 Date: January 22, 2004 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: ? Thomas E. Brenner, Esquire ir , OL-201 (5-02) I CERTIFICATION OF Bureau of Driver Licensing P.o. Box ~0037 MOTOR VEHICLE JUDGMENT Han'iaburg, PA 17106-0037 -------------------~ TO THE BECRETARY OF TRANSPORTA'nON This is to certiflJ that on ~ 2004 __ _ a judgment for $ 8~_23.7.91 plus $_ _ .... was entered against the following: ................ (AMOUNT) (Please use a separate form for eaci~) COURT INFORMATION COURT Co~n Pleas ~OUNTY (hnaherland ~ NUMBER 3274 ~ YEAR 2003 JUDGMENT DEBTOR (Pleaae Print or Type) ~ LAST SEX DATE OF aIRTH ~ MIDDLE LAST~.~..~r[,O~. CIAL SECURITY NUMBER DRNER ~_.~M~ER 010170517292 26 25 1390 ~] Check this block if defendant is a resident of another state JUDGMENT CREDITOR Erie Insurance l~cbange (HAME) [~O Sox 2013 (STREET ADDRESS) P. echanicsburR, PA 17055__ -- (CITY & STATE) REPRESENTATIVE FOR THE JUDGMENT CREDITOR (If applicable) '~b¢~sa$ E. Brenner, Esquire (NAME) 1268 (STREET ADDRESS) Ea:crtsburg, PA 17108-1268 (CITY & STATE) (ZIP) 717-234-4161 (TELEPHONE NUMBER) (TELEPHONE NUMBER) SE FROM A MOTOR VEHICLE ACCIDENT- SIXTY DAYS HAVE ELAPS~ ARO I THE ENTRY OF SAID JUDGMENT, AND THE SAME HAS NO/ut:t:r~ ~AKEN THEREFROM* IN WITNESS WHEREOF, i have hereunto affixed my hand and seal of the eouff this Day of .~~~&~ SEAL RETURN COMPLETED FORM TO: (SIGNAT~JRE I~F CLERK ~ JUI:~E OF TH COURT IN WHICH THE JUDGMENT WAS RENDERED) Bureau of Driver Licensing, P.O. Box 60037, In Testimony whereof, I h~re unto set my hand and the seal ef said Court at Carlisle, Pa. Harrisburg, Pennsylvania 1710(~.C{~37 ~~ ERIE KERRY J. RITCHEY, CPCU, AIC Ol~im~ ERIE INSURANCE GROUP Branch Office · 4901 Louise Dr · Rossmoyne Business Center · PO. Box 2013 · Mechanicsburg, PA 17055 0710 (717) 795-8200 · Toll Free 1-800-382-1304 · Fax (717) 795-2315 · www.erieinsurance,com June 15, 2004 Cumberland County Courthouse Prothonotary's Office 1 Courthouse Square Carlisle, PA 17013 Erie Claim #: 010170517292 Erie Insured: Daniel Heitzman Date of Loss: 10-10-2000 Defendant: Terri Kaylor Docket: 3274 Dear Sir: I certify that the above-captioned Judgment is a result of a Motor Vehicle Accident. Sincerely, Sandra Goodling Subrogation Specialist Thomas E. Brenner, Esquire Reprentative of Erie Insurance Group SG:dll The ERIE Is Above All In sERvIcE~ · Since 1925