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Home My WebLink About01-6089Thomas E. Brenner, Esquire OOLDBERG, KATZMAN & SHIPMAN, P.e. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. -- &OP9 : BARRY LIMPPO, : Defendant : NOTICE YOU HAVE BEEN SLED 1N 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 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 ALAWYER 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 (717) 249-3166 (800) 990-9108 NOTICIA Le has demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguintes, useted tiene vicine (20) dias de plaza al partir de las fecha de la demanda y la notificacion. Usted debe presemar una apariencia escrita o en persona o pot 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 notification y pot cualquier quja o puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUGICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OPICINA CUYA DIRECCI9ON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQU1R ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 ARorney I.D. No: 32085 Attorney for Plaintiff BRIAN p. GOGETS, : IN THE COURT OF COMMON PLEAS OF BARRy LIMPPO, Plaintiff Defendant : CUMBERLAND COUNTY, PENNSYLVANIA :No.7 COMPLAINT AND NOW, comes the Plaintiff, Brian P. Gogets, by his attorneys, Goldberg, Katzman & Shipman, P.C., who states the following: 1. Plaintiff, Brian P. Gogets, is an adult individual residing at R. D. #2, Jonestown, Lebanon County, Pennsylvania 2. Defendant, Barry Limppo, is an adult individual residing at 227 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The events hereinafter set forth occurred on November 15, 2000 at on the exit ramp for 581 where it intersects with Route 15 near Camp Hill, Cumberland County, Pennsylvania. 4. At the time and place aforesaid Plaintiff, Brian P. Gogets, was operating a 2000 Hyundai Elantra and was stopped on the exit ramp for Route 15 South. 5. At the time and place aforesaid, Defendant, Barry Limppo, was operating a 1992 Volkswagen Jetta, and traveling behind the vehicle operated by Plaintiff'Gogets. 6. This accident occurred on the exit ramp of westbound Route 581 at the Route 15 South interchange near Camp Hill, Cumberland County, Pennsylvania. 7. This accident occurred as Defendant, Barry Limppo, permitted or caused his vehicle to strike the rear of the vehicle owned by Brian Gogets that was traveling ahead of him on the roadway. 8. (a) (b) (c) (d) 9. Defendant Limppo was negligent in that he: was inattentive in the operation of his motor vehicle on the roadway; failed to observe the presence of other vehicles on the roadway; was operating his vehicle at an excessive speed on the highway; and allowed his vehicle to strike the vehicle owned by Plaintiff'Gogets. Solely as a result of the negligence of Defendant Limppo, the vehicle of Plaintiff Gogets was damaged and declared a total loss, having a net vaiue orS11,548. WHEREFORE, Plaintiff, Brian P. Gogets, demands judgment against Defendant, Barry Limppo, in the amount of $11,548, together with interest and costs of suit. This is an amount requiring submission of this claim to arbitration pursuant to the Locai Rules of Court. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ .~"~~~7~,__.-------~ Thomas E. Brenner, Esquire Il)g: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff. 2 VERIFICATION I, Brian P. Gogets, hereby acknowledge that I am a Defendant in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belie£ I understand that any false statements herein are made subject to penalties of t8 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: SHERIFF'S RETURN CASE NO: 2001-06089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOGETS BRIAN P VS LIMPPO BARRY - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIMPPO BARRY the DEFENDANT , at 1705:00 HOURS, at 11 WEST LISBURN ROAD BOWMANSDALE, PA 17008 ANDREW STEWART, ROOMMATE on the 3rd day of January , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this [~' day of ~O~iZ~ A.D. D. / ;Prof~onotary ' ~ ! So Answers: R. Thomas Kline 01/04/2002 GOLDBERG KATZMAN SHIPMAN By, ,~/ /~ / De~ut~Sh~f ~ Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, Plaintiff Vo BARRY LIMPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-06089 PRAECIPE TO ENTER JUDGMENT BY DEFAULT Please enter default judgment against Defendant Barry Limppo for failure to plead to the Complaint. I hereby certify pursuant to Pa.R.C.P. 237.1 that the required notice of intent to take default was forwarded to Mr. Limppo on February 25, as reflected on the attached document 78954.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thom~-~-'~Brenner, Esquire ID#: 32085 PO Box 1268 Hardsburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff BRIAN P. GOGETS, BARRY LIMPPO, Plaintiff Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-06089 NOTICE TO: Barry Limpo 11 West Lisbum Road Bowmansdale, PA 17008 Date of Notice: February 25, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GOLDBEtI~a~~fl&SHIPMAN, P.C. ID#:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 ARomeyforPlaintiff 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: Bar~ Limpo 11 West Lisbum Road Bowmansdale, PA 17008 Date: February 25, 2002 75733.1 GOLDBERG, KATZMAN & SFIIPMAN, P.C. Thomas E. Brenner, Esquire Attorney for Plaintiff 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: Barry Limppo 11 West Lisburn Road Bowmansdale, PA 17008 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney for Plaintiff MAY 0 '7 2002 Thomas E. Brenner, Esquire GOLDBERG, KATZMAlq &SHIPMAN, P.C. P.O. Box 1268 Han'isburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, Plaintiff BARRY LIMPPO, ' Defendant · : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-06089 RULE TO SHOW CAUSE AND NOW, this ~9 day of May, 2002, Defendant Barry Limppo is directed to show cause why damages should not be assessed on the judgment against him. Rule returnable 2-0 . days from service BRIAN P. GOGETS, Plaintiff V. BARRY LIMPPO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-06089 PETITION TO ASSESS DAMAGES AND NOW, comes the Plaintiff, by his attorneys, Goldberg, Katzman, Shipman, P.C. who state: 1. Plaintiff Brian Gogets sustained property damages as a result of a motor vehicle accident caused by Defendant Bany Limppo. 2. Defendant Limppo has not responded to the Complaint and judgment by default was entered by this Court on March 28, 2002. 3. Requests for Admissions, a copy of which is attached hereto as "Exhibit A", were forwarded to Defendant Limppo on April 2, 2002, and no response has been received to those Requests. Pursuant to Pa.R.C.P. 4014(b), as the Requests have not been answered, they are deemed admitted. WHEREFORE, Plaintiffrequests that the Court issue a Rule upon Defendant Limppo to show cause why the Court should not assess damages on the Judgment in the amount of $10,362.25. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. ~Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff Exhibit A Thomas E. Brennex, Esquire GOLDBERG, KATZMAlq & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, Plaintiff V. BARRY LIMPPO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2001-06089 REQUEST FOR ADMISSIONS TO DEFENDANT BARRY LIMPPO TO: Mr. Barry Limppo 11 West Lisburn Road Bowmansdale, PA 17008 PLEASE TAKE NOTICE that you are required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned, within twenty (20) days from service hereof, your answers to the request for Admissions in writing and under oath. Pursuant to Pa. R.C.P. 4014(b), you are required to set forth a verified answer or an objection, to each matter of which an admission is requested, within twenty (20) days after service of these Requests for Admissions. If objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give a lack of infoJmation of knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the infossuation known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. He may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he cannot admit or deny it. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~---~- ' ' Thomas E. Brenner, Esquire 320 Market Street, Strawbeny Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff REQUEST FOR ADMISSIONS 1. The damages caused by Barry Limppo in the accident of November 15, 2001, resulted in the total loss of the vehicle of Brian Gogets, a 2000 Hyundai Elantra and destruction of CD Player, as reflected on Exhibit "A", hereto, having a total loss, net value of $10,362.25. ADMITTED DENIED 04y!2~2001 Claims Management System CSPP032B 14:40 Check Print Page: 1 -- Req: JACOBS ,D CHECK NO P833014 CMS NO P833014 DATE 12/22/2000 PayTEN THOUSAND NINE HUNDRED FORTY-EIGHTAND 00/100 $$$$$10,948.00 SOVEREIGN BANK Operator Loss Date To The 35NMEADOWCR 11/15/2000 Order of Claim Tax Id No 010170523493 For TOTLA LOSS SETTLEMENT IN FULL COLLISION Cashed C 01/03/2001 CHECK NO 03487670 Pay ONE HUNDRED AND 00/100 CMS NO C487670 DATE 01/23/2001 $$$$$$$$100.00 BRIAN P GOGETS RD 2 BOX 4130A Operator Loss Date To The JONESTOWN PA 17038-9514 35NELLIS 11/15/2000 Order of Claim Tax Id No 010170523493 REIMBURSEMENT FOR CD PLAYER COLLISION LOSS For Cashed C 01/30/2001 CHECK NO 03324344 CMS NO C324344 Pay THIRTY-TWO A/qD 39/100 DATE 12/01/2000 For BRIAN GOGETS C038460 FIRST PARTY BENEFITS - MEDICAL SERVICE DATE: 11-15-2000 TO 11-15-2000 Cashed C 12/07/2000 $$$$$$$$$32.39 THE GOOD SAMARITAN HOSPITAL 4TH & WAI,NUT STREETS Operator Loss Date To The LEBANON, PA 17042 37KKAUFFMAN 11/15/2000 Order of Claim Tax Id No 010170523493 2307941600 ~,I~.ER E NSURANCE GROUP "~1~0 Erie Insurance Place · Ede, PA 16530 INBUR~D TOTAL LOSS REPORT fCLAIM NUMBER ........... Otot?ds> w-q DATE OF LOSS - ADDRESS OWNER YEAR LOCATION TOWING CHARGE I STORAGE PER DAY ERIE WILL PAY STORAGE UNTIL TIRES % WORN LF % RF % LR % RR % SPARE % VALUATION # NAME OF SALESPERSO. N CONTACTED VALUE QUOTED NAME OF SALESPERSON CONTACTED VALUE QUOTED ........ COMMENTS MARKET VALUE OLD DAMAGE ADDITIONAL CONSIDERATION $ to 9oo.---- TOTAL ,VALUE $ ~'~ %TAX GRAND TOTAL DEDUCTIBLE TOTAL SETTLEMENT O.R. SALVAGE SETTLEMENT TITLE HOLDBACK CHECK $ /o. q'9~&''° E~3~225 PA 12/97 MATERIAL DAMAGE ADJUSTER ~LICENSE /~/(~- ____ DATE NOTICE: ANY PERSON WHO KNOWINGLY AND WITH ~ TO ~.AUO ANY INSURANCE COMPANY OR OTHER PERSON fiLES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM COIITAINIIffi ANy MRumlALLY FALSE INFORMATIOI~ OR CONCEALS FOR THE PURPOCE OF MISLEADING, INFURMATION CONCERNING ANY FACT MATERIAL THERETO COR1MIT~ A ERAU~ II~A#CE ACT, WRICO P3 A CRIME AND SUBJECT~ THE PERSON TO CIIIMINAL AND CIVIL Pr:NALTIES. · .~%tra~ Penn Sales, LLC ?~5 Sipe Road York Haveq, PA 17370 Year : 2000 Color : GREEN Make : HYUNDAI Model : ELANTRA Note : ERI1 FOR: ERIE INSURANCE P. O. BOX 2013 MECHANICSBURG, PA 17055 Check No : 117924 Stock No. : 00316262 Date Amount VIN Mileage Row Airbag : 02/14/2001 Sale Date : 02/12/2001 : 1,185.75 Sale No. : 034 Picked Up : 11/20/2000 : K~HJF35F6YU958156 Tires : 4 : 18,499 Radio : Yes · N-012 Battery : : Yes Keys : Yes Advance Charges TOWING 100.00 11/15-11/20 6 days 12/DAY 72.00 Proceeds Transmittal Adjuster : CHUCK STEINER Claim Number : 010170523493001 Date of Loss : 11/15/2000 Policy Holder: GOGETS BRIAN Owner : GOGETS BRIAN Attached please find the sales proceeds check for the vehicle listed above. Thank you for allowing Central Penn Sales, LLC to sell your vehicle. Your patronage is appreciated. Buyer Information GREENE AUTO 559 CHESTNUT ST MAYFIELD, PA 18433 The sale of this vehicle has been reported to NICB. Pool Charges Advance Chgs Tow&Fuel Adj CPS Handling Storage Title Fee Carstart Express Tow 172.00 41.00 44.00 25.00 5.00 21.25 6.00 .00 .00 .00 .00 .00 High Bid Total Advance Total Pool% Total Paid 1,500.00 172.00 142.25 .00 Proceed 1,185.75 ~Pennsylvania's Largest Auto Salvage Auction" ~AY 'ONE THOUSkND Claim No. 0101] stock No.. 0031E Federal ID 795~ YORK 3-S0 CH]3~ ~0. s~o 117 4 February:~14, 2001 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: Barry Limppo 11 West Lisburn Road Bowmansdale, PA 17008 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Thomas E. Brenner, Esquire Attorney for Plaintiff Thom~ E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, p.C. P.O. Box 1268 I-htris~ PA 1710S-126S Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, : IN THE COURT OF COMMON PLEA-g--~ Vo BARRY LIMPPO, Plaintiff Defendant · CUMBERLAND COUNTY, · PENNSYLVANIA .. · NO. 2001-06089 .' .' _MOTION TO MAKE RULE ABSOLUTE, AND NOW, Comes the Plaintiff, Brian Gogets, by his attorneys, Goldberg~ Katzman & Shipman, P.C. who state: 1. This Court, by Order of the Honorable Kevin A. Hess of May 8, 2002, directed that the Petition to Assess Damages be served on Defendant Limppo. (Exhibit "A") Service of that Order was made on October 9, 2002, as reflected on the Certified Mailing Receipt and cover letter, attached hereto as Exhibit "B". 2. Defendant Limppo has not opposed the assessment of damages on the Judgment previously entered against him. WHEREFORE, Plaintiff requests the entry of Sudgment against Defendant Barry Limppo in the amount of $10, 362.25 as set forth in the Petition to Assess Damages. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~ ~ Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff 2 Exhibit A Thomas E. Brenner, F..squire GOLDBERG, KATZMAN & SHIPMAN, P~C P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN p. GOGETS, · IN THE COURT OF COMMON PLEAS OF BARRY LIMPPO, Plaintiff Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06089 RULE TO SHOW CAUSE AND NOW, this J~ day of May, 2002, Defendant Barry Limppo is directed to show cause why damages should not be assessed on the judgment against him. Rule returnable ~ days from service BRIAN p. GOGETS, Plaintiff Vo BARRY LIMPPO, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, · PENNSYLVANIA NO. 2001-06089 PETITION TO ASSESS DAMAGER AND NOW, comes the Plaintiff, by his attorneys, Goldberg, Katzman, Shipman, P.C. who state: 1. Plaintiff Brian Gogets sustained property damages as a result of a motor vehicle accident caused by Defendant Barry Limppo. 2. Defendant Limppo has not responded to the Complaint lind judgment by default was entered by this Court on March 28, 2002. 3. Requests for Admissions, a copy of which is attached hereto as "Exhibit A", were forwarded to Defendant Limppo on April 2, 2002, and no response has been received to those Requests. Pursuant to Pa.R.C.P. 4014(b), as the Requests have not been answered, they are deemed admitted. WHEREFORE, Plaintiffrequests that the Court issue a Rule upon Defendant Limppo to show cause why the Court should not assess damages on the Judgment in the amount of $10,362.25. Date:_ ~(~o& GOLDBERG, KATZMAN & SHIPMAN, P.C. as 15 Brenner, Esqmre 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff BRIAN P. GOGETS, : IN THE COURT OF COMMON PLEAS O~' Plaintiff : CUMBERLAND COUNTY, · PENNSYLVANIA v. · NO. 2001-06089 BARRY LIMPPO, . Defendant REQUEST FOR ADMISSIONS TO DEFENDANT BARRY LIMPPO TO: Mr. Barry Limppo 11 West Lisburn Road Bowmansdale, PA 17008 PLEASE TAKE NOTICE that you are required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned, within twenty (20) days from service hereof, your answers to the request for Admissions in writing and under oath. Pursuant to Pa. R.C.P. 4014(b), you are required to set forth a verified answer or an objection, to each matter of which an admission is requested, within twenty (20) days after service of these Requests for Admissions· If objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give a lack of information of knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insuf~cient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. He may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he cannot admit or deny it. Date: GOLDBERG, KATZMA~ & SHIPMAN, P.C. By: ~--~~- - Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff REQUEST FOR ADMISSIONS 1. The damages caused by Bany Limppo in the accident of November 15, 2001, resulted in the total loss of the vehicle of Brian Gogets, a 2000 Hyundai Elantra and destruction of CD Player, as reflected on Exhibit "A", hereto, having a total loss, net value of $10,362.25. ADMITTED DENIED 14:40 Claims Management System CSPPO32B Check Print Page: 1 Req: JACOBS ,D CHECK NO P833014 CMS NO P833014 DATE 12/22/2000 -- Pay TEN THOUSAND NINE HUNDRED FORTY-EIGHT AND 00/100 SOVEREIGN BANK $$$$$10,948.00 To The Operator Loss Date Order 35NMEADOWCR 11/15/2000 of Claim Tax Id No 010170523493 For TOTLA LOSS SETTLEMENT IN FULL COLLISION Cashed C 01/03/2001 CHECK NO 03487670 CMS NO C487670 DATE 01/23/2001 .... Pay ONE HUNDRED AND 00 / 100 BRIAN p GOGETS $$$$$$$$100.00 RD 2 BOX 4130A To The JONESTOWN PA 17038-9514 Operator Loss Date Order 35NELLIS 11/15/2000 of Claim Tax Id No 010170523493 For REIMBURSEMENT FOR CD PLAYER COLLISION LOSS Cashed ~ C 01/30/2001 CHECK NO 03324344 CMS NO C324344 DATE 12/01/2000 PayTHIRTY-TWO AND 39/100 THE GOOD SAMARITAN HOSPITAL 4TH & WALNUT STREETS To The LEBANON, PA 17042 Operator Order 37KKAUFFMAN of Claim 010170523493 For BRIAN GOGETS C038460 FIRST PARTY BENEFITS - MEDICAL SERVICE DATE: 11-15-2000 TO 11-15-2000 $$$$$$$$$32.39 LoSS Date 11/15/2000 Tax Id No 2307941600 Cashed C 12/07/2000 -,~.ERIE INSURANCE GROUP Erie Insurance Place · F-de. PA 16530 II%~URED TOTAL LOSS REPORT ADDRESS OWNER ADDRESs YEAR LOCATION TOWING CHARGE --'-- ERIE WILL PAY STORAGE UNTIL TIRES % WORN IMOD~E.L I STORAGE PER DAY [LUATION # COMMENTS EIG~225 PA 12/97 LF % RF % LR _% RR °/, SPARE % CONTACTED VALUE QUO"I~-'-' ' - VALUE QUOTED MARKET VALUE OLD DAMAGE ADDITIONAL CONSIDERATION TOTAL ~/ALUE GRAND TOTAL DEDUCTIBLE TOTAL SETTLEMENT O,R. SALVAGE SETTLEMENT TITLE HOLDBACK CHECK MATERIAL DAMAGE ADJUSTER ~ NOTlCa IIIO'Pr:II~WllelelIMIIa~NiOV~iliiOi~TT0~,jW0 ............ ....L_!.C_E_N_S_E ~ DATE .., ,.a.~ ~ oR ~ p~ R~ Aa AP~TB~ FOR I~S~ ~ ~A~T 0~- ~ P~ALT~S. Central Pe~n Sales, LLC ~795 S%pe Road ~ork Haveq, PA 17370 Year : 2000 Make : HYUNDAI Model : ELANTRA ~ote : FOR: Color : GREE~ ERI1 ERIE INSURANCE P. O. BOX 2013 MECHANICSBURG, PA 17055 Check No : 117924 Stock No. : 00316262 Date Amount VIN Mileage Row Airbag 02/14/2001 Sale Date : 02/12/2001 1,185.75 Sale No. : 034 Picked Up : 11/20/2000 IG~HJF35F6YIJ958156 Tires : 4 18,499 Radio : Yes N-012 Battery Yes Keys : Yes Advance Charges TOWING 100.00 11/15-11/20 6 days 12/DAY 72.00 Proceeds Transmittal Adjuster : CHUCK STEINER Claim Number : 010170523493001 Date of Loss : 11/15/2000 Policy Holder: GOGETS BRIAN Owner : C~DGETS BRIAN Attached please find the sales proceeds check for the veb/cle listed above. Thank you for allowing Central Penn Sales, LLC to sell your vehicle. Your patronage is appreciated. BUyer Information GREENE AUTO 559 CHESTNUT ST MAYFIELD, PA 18433 High Bid The sale of this vehicle has been reported to NICB. Pool C~arges Advance Chgs Tow&Fuel Adj CPS Handling Storage Title Fee Carstart Express Tow 172.00 41.00 44.00 25.00 5.00 21.25 6.00 .00 .00 .00 .00 Total Advance Total Pool% ~otal Paid% 1,500.00 172.00 142.25 .00 Proceed 1,185.75 'Pennsylvania's Largest Auto Salvage Auction- 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: Barry Limppo 11 West Lisburn Road Bowmansdale, PA 17008 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Thomas E. Brenner, Esquire Attorney for Plaintiff Exhibit B 320 MARKET STREET · STRAWBERRY SQUARE P.O. BOX 1268 ° HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 * 717.234.6808 (FAX) GOLDBERG, KATZMAN ATTORNEYS AT LAW SHIPMAN, P.C. October 7, 2002 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTItUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONAI,D M. KATZMAN PAUL J. ESPOSITO NEll, HENDERSHOT J. JAy COOl'Ell THOMAS E. BRENNER JOHN A. STATLER APRIl. L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo NIlCHAEL J. CROCENZ[ TttOMAS J. WEBER STEVEN g. GRUBB JOIIN DELORENZO JOHN R. NINOSKY ROYCE L. MORR[S DAVID M. STECKEL HEATHER L. PATERNO CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Barry Limppo 3304 Sunnyside Avenue Harrisburg, PA 17109 Re.' Motor Vehicle Accident of 11/15/00 Our Client: Brian Gogets Claim No. 010170523493 Dear Mr. Limppo: I enclose a copy of the Rule to Show Cause entered by the Cumberland County Court. -'ThOmas E. Brenner TEB/klf Enclosure 62394.5 CARLISLE OFFICE: 717.245.0597 * YORK OFFICE: 717.843.7912 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee C. Date of Delivery D. Is delivery If YES, 17 []Yes [] No [] Registered [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2, Article Number PS Fo~ 3811, August 2~1 Do~[ic Return R~eipt ~02595~2-M~5 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: Barn] Limppo 3304 Sunnyside Ave. Harrisburg, PA 17109 Date: Thomas E. Brenner, Esquire Attorney for Plaintiff BRIAN P. GOGETS, : Plaintiff : '. v. : BARRY LIMPPO, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06089 AFFIDAVIT I attest that the Judgment in this matter of $10,362.25 against Barry L. Limppo, resulted from a motor vehicle accident which occurred in Dauphin County, Pennsylvania on November 15, 2000. Date: 5'/'~/0) GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorney for Plaintiff Sworn to and subscribed before me this ~ day of ~ ,2003. Notary Public My Commission Expires: 95301.1 Notarial Seal Christine H. Hakel, Notary Pul:~l~. City_ of Harrisburg, Dauphin County My ~,ommisslon Expires Apr. 4, 2005