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HomeMy WebLinkAbout07-4944~ . D'1- Y 9 y y G.~.~.-l ~~.~, WRIT OF EXECU'T'ION (MONEY .IUDGMENTS) & ATTACHMENT P.R.C.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION -- LAW Capital City Cab Service, Inc. Writ No. 2007-CV-02532-NT' VS. F,rie Insurance Company 4901 Louise Drive Mechanicsburg, PA 17055 TO THE SHERIFF OF CUMBERLAND: therein. Amount Due: $5,842.50 COSTS Plaintiff Paid: $23.00 Attorney: $3.00 This Writ: $29.00 Attys. Comm: $200.00 To satisfy the debt, interest and costs against Erie Insurance Company, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: Any + all property available. and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (2) [f property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Wednesday, July 25, 2007. Stephen E. Farina, t': othonotary Requesting Party: Joseph 'T. Sucec, Esquire Attorney's ID No.: 74482 325 Peach Glen- idaville Road Gardens, PA 17324 (717)677-9284 By: ~L~`~~~G~ Deputy AND NOW, Writ re-issued Stephen E. Farina, Prothonotary ~ -O ~1 °9 ~~ °Q fi W d' C"~ ~ C.~. ~ U `TI -- ~ T~ - ~ ~ iz7r" ~~ i') -F". - ~-,~ =.» _ f - ,. _J .~_._: C . ~{i'1 __ t~ A ~. •-~C ~; _ iJ~ Johnson, Duffie, Stewart & Weidner By: Jefferson J. Simpson I.D. No. 51785 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Erie Insurance Company CAPITAL CITY CAB SERVICE, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007-CV-4944 ERIE INSURANCE COMPANY IN CIVIL ACTION AND NOW, this >' T' day of September, 2007, comes the Defendant, Erie Insurance Company, by and through his counsel, Johnson, DufFe, Stewart & Weidner, P.C. and files this Petition to Open Default Judgment and Stay Execution and in support thereof, avers as follows: 1. The Defendant and Petitioner herein, Erie insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance"), is a corporation registered to do business in Pennsylvania with ~ place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 2. The Plaintiff and Respondent herein, Capital City Cab Service, Inc. (hereinafter "Capital City Cab"), is a corporation authorized to do business in Pennsylvania with an office located at 362 S. Front Street, Steelton, Pennsylvania 17113. 3. On or about May 8, 2006, Capital City Cab filed a Complaint with Magisterial District Judge Joseph Solomon of Dauphin County relative to an automobile accident that allegedly occurred between a Capital City Cab car and Steven Weber. 4. The Complaint did not indicate Erie Insurance as a Defendant nor does it indicate a date of the alleged accident. 5. The only allegations made by the Plaintiff are that Steven Weber was negligent in an automobile accident that occurred between himself and a car owned by the Plaintiff. 6. Counsel for the Plaintiff reinstated the Complaint with the Magisterial District Judge Solomon's office and requested that Erie Insurance Company be added as another Defendant on August 15, 2006. A true and correct copy of the Reinstated Complaint is attached hereto as Exhibit A. 7. Plaintiff's Reinstated Complaint is essentially the same document as the original Complaint against Steven Weber and Plaintiff failed ~o allege any facts showing that Erie Insurance is liable for the alleged accident. 8. Even presuming that Plaintiff was intended to bring an action against Steven Weber as an Erie insured (incidentally Erie Insurance has not been able to locate an insured named Steven Weber at the address provided on the Reinstated Complaint by the Plaintiff) no direct cause of action is proper against Erie Insurance. 9. Plaintiff attempted service of the original Complaint upon Steven Weber by constable, however, the constable was unsuccessful in his attempts and the Complaint was dismissed as to Steven Weber. A true and correct copy of the dismissal is attached hereto as Exhibit B. 10. Plaintiff had Magisterial District Judge Solomon's ofFce send the reinstated Complaint and Notice of Hearing to Erie Insurance via certified mail. 11. It is believed that these documents were deliWered to Erie Insurance on August 16, 2007 and signed for by Erie Insurance mailroom employee Steven Wilson. See, copy of Green Card attached hereto as Exhibit C. 12. However, Mr. Wilson neglected to forward these documents to an adjuster or employee who could notify counsel regarding the hearing. 13. As such, no notice of intent to defend was given, and a default judgment was entered against Erie Insurance on September 11, 2006; A true and correct copy of the entry of default judgment is attached hereto as Exhibit D. 14. During these events, counsel for the Plaintiff made no attempt to contact Erie Insurance regarding this case and never made a request for payment. 15. Rather, Plaintiff had the default judgment for $5;842.50 entered against Erie Insurance in the Court of Common Pleas of Dauphin County on or about March 15, 2007. A true and correct copy of the entry of judgment is attached hereto as Exhibit E. 16. Erie Insurance has not been able to locate a Rule 236 Notice for that entry of judgment and no adjuster was made aware of this judgment. Furthermore, Plaintiff failed to contact Erie Insurance for payment. 17. Plaintiff then filed a praecipe for a Writ of Execution on or about July 25, 2007, which was simultaneously transferred to Cumberland County. A true and correct copy of the praecipe for Writ of Execution is attached hereto as Exhibit F. A true and correct copy of the Writ of Execution is attached hereto as ExFtibif G. 18. In the Writ of Execution, Plaintiff requests the Slheriff of Cumberland County to levy upon all property located at 4901 Louise Drive, Mecharhicsburg, PA. 19. The office located at 4901 Louise Drive is a regional office for Erie Insurance containing some 200 employees. 20. On or about September 11, 2007, the Cumberland County Sheriff's Office presented themselves at the regional office in Mechanicsburg and requested permission to enter, inventory and levy upon all property located at the office. 21. Employees of Erie Insurance immediately notified counsel, Johnson, Duffle, Stewart & Weidner, who tried to track down the judgment which was the source of the levy and tried to contact counsel for the Plaintiff in order to avoid the major disruption that would be caused by the Sheriffs levy and inventory of the regional office. 22. However, counsel for Erie Insurance was unable to find a solution to prevent the levy and the Sheriff was permitted to enter. 23. That day, counsel located the judgment at issue and reviewed the case history with the clerks at Magisterial District Judge Solomon's office in Harrisburg. 24. Counsel for Erie Insurance has been in contact with Plaintiff's counsel requesting further information so that a claim file could be opened, reviewed, and processed for payment, if rightfully owed. 25. However, counsel for Plaintiff has refused to cooperate by providing even the fundamental information of the date on which the accident occurred or the police report. 26. Without this fundamental information, Erie Insurance cannot open a claim file nor pay the judgment. 27. As such, Erie Insurance is forced to file a Petition to Open Judgment and Stay Execution in order to presence its interests in investigating this claim. 28. When seeking to open a judgment by default, three factors must be present: (1) the petition to open is promptly filed; (2) there is a reasonable excuse for failure to respond; and (3) a meritorious defense is shown. 29. It is submitted that a strong meritorious defense exists to this claim as Erie Insurance is clearly not a proper party to this action. 30. Rather, its alleged insured Steven Weber is the' only proper party to such a negligence/auto accident case as he is the only alleged negligent actor. 31. There are neither allegations that Erie Insurance was negligent towards the Plaintiff nor any allegations forming a cognizable cause of action against Erie Insurance. ~- 32. Even assuming that Plaintiff seeks payment from Erie Insurance upon a policy that covers Steven Weber, a suit against Erie Insurance is improper. See, Carrozza v. Greenbaum, 866 A.2d 369, 387 (Pa.Super. 2004). 33. It is submitted that great injustice and inequity would occur if Erie Insurance were forced to pay upon a default judgment enter upon a Complaint with insufficient factual or legal allegations to afford relief due to the mistake cif a mailroom employee and Plaintiff's failure to contact Erie Insurance for processing of its claim. 34. The mistake of an employee in forwarding a complaint to a proper party has been held to be a sufficient basis to open a judgment enter by default. See, Campbell v. Heilman Homes. Inc., 233 Pa. Super. 366, 335 A.2d 371 (1975). 35. This petition was filed as soon as counsel for Petitioner teamed the full procedural history of this matter after this case was brought to the attention of Erie Insurance by the Sheriffs levy on September 11, 2007. 36. Therefore, Petitioner is able to show all three requisites necessary to have the default judgment opened by the Court. 37. Pennsylvania Rule of Civil Procedure 3122 permits either the Court for the county in which the original Writ of Execution was entered o~ the Court for the county in which the writ was transferred to stay an execution upon. cause shown pursuant to Pennsylvania Rule of Civil Procedure 3121(b). 38. Furthermore, once a Writ of Execution is transferred to another county, the underlying judgment is also transferred. 39. Therefore, in the interest of judicial. economy, Erie Insurance files this Petition to Open and Stay Execution in Cumberland County. WHEREFORE, the Petitioner Erie Insurance respectfwlly requests this Honorable Court to open the default judgment entered on September 11, 2006 in the Court of Common Pleas of Dauphin County and entered in the Court of Common Pleas of Cumberland County on July 25, 2007 and execution upon that judgment be stayed pursuant to Pennsylvania Rule of Civil Procedure 3121(b). JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffers J. Shipman, Esquire Elizabeth D. mover, Esquire Attorneys for'~Petitioner Erie Insurance Date: D9/ly/07 COMMONWEALTH OF PENNSYLVANIA • rrar tt~-iv n~• DAUPHr~ ~--- _._.. - . 12-1-03 a~ rime: rte. ~7'OS~PS,rS . 130L09~pE~ . ^..~'~p.~.'N. ~80~T SAP .:.:: B$$~I8BU7,tG, PS . y' ~'~ .~ ~~ : • ~~ 17102-0000 r;~717}Z55-1365 ~~ :. • • . AMOUNT ~ DATE PAiD G COSTS ~ / / ~rac~ "_ __ ~ _ ~1.. _.1 SERVECE CASTS $' / / CONSTABLE ED. $ ! / ~~ 1~?~ . TO THE DEFENDANT: The above named piaindff{s) asks judgment against you for $ _ . costs upon the following daim (Civil fines must include citation violated): L ,~~ .1~ ~~CVtn I.UebeE' ~,1,'!l5 tt'P~i+~i@~t 111, ~z ~,I~SC' ~ ` ~ j~1Cc iae'8 ~~ ~ ~~ Whrch, fi~aL, ovr i!el~~c(,~ . (.t>2 ~~~e SreKr,~~ fir Gvl;' Zuss~s~ i, ~'"~' •~~- `" verify tirdt the facts set forth in this ~ are true and 0o to the best of my imovviedge, information, and beB•ef. This, statement is made subjec,~t th the penalties of • Section 4904 of the Crimea•~ {18 PA. C.S. g 4904) related to unswom falsification to authorities. • • • S_ Zs_-~ t~_Ca... ..._... .c.~.ets. . • a ~• CIVIL CO ~+ P1A1Ni1FF: w~~aAnn~ss ~ ~k ft-R~ ~, cA ~ ~ ~ ~ ty b Serv~c2 34~ Sov~tk. ~r®ri-t ~fi ". L gtec~~{oa ~ ~P' t'i 113 :. J VS. ,~ ~ . DEFENDANT: ~. wv~ ana . i- 5~'evtn l,~eb~er .. ~ Stiq K,gl,t~.~ds-~ L Steelton ~~ 1-ri~~. Docket No.: L V 1 5~ S - cis- . Date Filed: s--- ~ g _ ~, ~ Ikfadant # 2 ~ . die I~~~re 4901 Inrim 1~ive RC7tS3T17~nL' H]9iI1P..SS ~A.1t£C " P 0 ]3aac 201.3 ~sh~g, PA 17x55 ~ • ~fy Q" . ~''`" . J ~ together with statute or.aniinance AY __..~e~iCT.... 7t~~' ~n ~ A~ess- ~r.~~~.x~~. ~s ~e rt. - T~~ l,~ti t ~r~ Q'~ Telephone: _ _ ~'? ! 7 .- L"1? -928 y ~ s2heo(M ~ n"9 ~ , ~~7-'~~-- .~' !F YpU iNTi:ND TO ENTER A DEFENSE TO, THIS COMPLAINT, YOU SHOULD 50 f~IOTIFY THIS OFFICE (MMEDIATI=L~r " ~ AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARINd AND PRESENT YOUR DEFENSE. • UNLESS YOU DO, JUDGMENT MAYBE ENTERED AGAINST YOU BY DEFAULT. ~ _ ff you have a claim against tine p{aintiffff which is within district justice jurisdiction and which you intend ,' - " to assert at•the hearing, You rlwst file it on a complaint form at this office at (east free days before ~ . the date set for the hearing. ~ ~ .. . • if: you ara disabled and require a .r+B~Qn~ttte.acxx~vir~atlon to gain access tc~ i#re serial [fisMet • wit artd'tEs~ , please contact the Ya~is#eriai Disb#ct Court at the ab~ ~e a ar :. . • ~u 'Habra to p nrv `cie vares~iortafion. _ J ~ -~(- . AOl'C 308A-02 ~ ~ ~ ~.l ~ . COAAMONWEALTH OF PENNSYLVANIA COUNTY OF: DAIIPHI>8 Map. Dist. Na: is-1-o3 MDJ Name: Hon. JOSEPH S . 80LOIL08 "~"°°~~ 1705 ]~ FitOI1T ST H»itI88IIltQ, PA Taiapnona: (717) a55-1365 1710a-0000 NOTICE OF JUDGMENTRRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESs CAPITAL CITY CAB 8E>it`fICB, INC ~ 36a s F~eosT sTRSET STSELTON, PA 17113 L J VS. DEFENDANT: NAME and ADDRESs rMEBE>it, BTEVElI, ET AL. 549 SID STIREET STEELTO]N<, PA 7113 J08EP8 S . SOL01fOII L J 1705 Y FjtOI1T ST Docket No.: CV-0000185-06 ~StI880ZtO, PA 1710a-0000 Date Filed: 5/18/06 THIS IS TO NOTIFY YOU THAT: NEHEft, STEYElI DEF 001 Judgment: DI8ILISSED K/O P»tEJ'ODICS (Date of Judgment) Judgment was entered for: (Name) Judgment was entered against: (Name)_ in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Timi -This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ . 00 Judgment Costs $ - ~ Interest on Judgment $ - Attomey Fees $ . 00 Total $ . 0 0 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 BAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WRH THE PROTHONOTAiiY/CU:RK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTR'RANSCRiPT FORM WITH YOyR NOTK:E OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISISUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FlLE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true Date My commission expires first Monday of January, a012 Magisterial District Judge AOPC 315-06 DATE Pst.?.IfITaD: la/06/06 10 a 15 s 00 AIL Magisterial District Judge copy of the record of the proceedings containing the judgment. SEAL EXF} IBIT v ''~_..... ._ __J -• N O N O tl1 i ~ C~ .O C7 ~ ~ ftt t.47 d t7 t`- r CI iBIT C ~~~ - 0-Zt ~pwp10S Hd3S0~ ~aW ~0 t ~., W~l.~;tt ~OOZ 'tt COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRtPT ' COUNTY OF: DAIIPHIIi< CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 12 -1- 03 rCAPITAL CITY 0718 SSitYICS, III<C MDJ Name: Hon. 3 62 S FitOiiT STitEBT JOSEPH S . SOLOI[ON STESLTO~t, PA 17113 Adams: 1705 )i FitOHT ST H7IYRISBII7tA, PA ~' J VS. DEFENDANT:. NAME and ADDRESS TalePhone: (717) 2 5 5 -13 6 5 1710 2 - 0 0 0 0 r1fEBEit, STEVEIR, . ET AL . ~ 549 HIGSLAIID STitEET STEELTOI~, P7- 7113 ~oissPH S . BoLOII[ON L_ J 1705 III FitOI#T S? Docket. No.: CQ-0000185-06 H~IBBIIitQ, PA 17102-0000 Date Filed: - 5/18/06 ..THIS 1S TO NOTIFY YOU THAT: Judgment: DEF7IIILT JBDt~T PLTF (Date of Judgment) 9/11/06- Judgment was entered #or: (Name) CAPIT3IL CITY CAS • Snit, YICB, . ITT Judgment was entered against: (Name) EEIE ~~$ ~~'~ in the amount of $ 5, 842.5 Amount of Judgment $ 5.695.00 Defendants are jointly and severally.liable. Judgment Costs $~~~ Damages will be assessed on Date. & Time Interest on Judgment $ ^ Attorney Fees $' . 00 This case dismissed without.prejudice. Total $ 5, 842.50 Amount of Judgment Subject to Att~Chment/42 Pa.C.S. § 8127 post Judgment Credits $ $ Post Judgment Costs $ . Portion of Judgment for physical damages arising out of - ~ ~M----- _ residential lease ,$ ~~ Certified Judgment Total $ .ANY PARTY HAS THE RIGHT Tb APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF~JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OFTHECOURT OF COMMON~PLEA$, CIVIL DIVISION. YOU MUSt INCLUDE A COPY OF THIS NOTICE OF JUDGMENT(TRANSCRIPT FORM WITH.YOUR NOTICE•OF APPEAL. • EXCEPT AS OTHERWISE PROVIDED' IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE ' JUDGEMENT.HOLDER ELECTS TO ENTER THE:IUbGMENTIN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MIDST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN: THE JUDGMENT MqY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH•THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETI1fS, OR OTHERWISE COMPLIES WITH THE JUDGMENT, • d f ` , , -.: ~~ ~ Dafe ~ ~ ~ •te~I Dlst7ict Ju~g~' :I'cert•ify that this is a true an rrecf copy of the record of the proceedings conty~og the judgment Date , AtJagl~tLraT District Jus~e y. ` . ~ fCT ,.p~~ ~,Jt.. aoi2 `te>~ar ~`- My commission expires first Monday of January, ~ ~ ~.~,~~ AOPC 315-06. ~X~ (V~ ~ ~: y r-~~r~e~ vQTt~l'1l11. O /17 /A6 7 ~:3:2 s. DG 'PI[ ~ ... . - BEFORE THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE laurti~ P v. ERIE INSURANCE COMPANY CIVIL ACTION•LAW t No~. C~~ ~ ~V ~ ~~3a` ~ V ~fi dcfendant ~' ~~, ,y _:~ UY TO THE PROTHONOTARY OF DAUPHIN COUNTY.. 4`•' On Septeanber 11, 2406, a for 55842.50 was erntered by MaB~..t of Joseph Solomon for Plaintiff agsmst flefendant Eno I Comp~Y judgrrr/oirt is attached. Please enter same in tlris matter. 31 l S (y7 J . Sncoc, Esq. 7 ,Attorny for Defendac-t 325 Peach Olen-Idaville Road Gam, PA 17324 (717)577-9284~.com joC3ucecCc~pao Q ~~~ .. :~,~ ~"+ =~ r=~~ ~. "i«-- .., ,_ Distdbu~tion: ~rG ~i~ww~u "Y~ Pa ~ ?pt 3 K 9 at l~wi isa ~nk~ ~~+~^icsbN~y~ ~4• ! ~US~ - .~xH~s~T E . P~,~,a+=25 ~~ 0~3 D ~~. ~r~ PRAECIPE FOR WRIT 0~ EXECUTION - (MONEY 1UD6MENTS) P.R.C.P. 3101 to 3119 /~ r IN THE COURT OF COffUfON PLEAS OF DAUPNIN 1.sGt t ~,~,~, v~tC~2 COU~NcTY, PENNSYLVANIA tit No ~ ~~ Team ~,.~d7 No ..,. _~.r Tena 19 - Asrount due / _.~ ~~ ~: 1ncKest ('~ Acty's Comm. ~ ~~ c `~ ~ and Costs = TO THE PROTHONOTARY OF SAID COURT: ISSUE pR1T OF EXECUTION IN THE ABOVE'~,AT ~ , IpwlpKO~ ~ ~ o~ (1) Directed to~~th++e Sheriff of Coanty, Pennsylwnis, (2) again st ~._._. ~-..5~~.-1 Se~C_ ~].~ e,>rL (3) and rgalast 1;;~ -C ~ Ne(s}~ (4) snd Iadez this writ (a) against Lfj~ Dcfeadant(s) snd Z (b) aaarnsc Garnishee(a~ as s lis pendeas against the real property of the defendant(s) In the aswe of the Garaiabee(s) as follo.vs; (Specifically describe properry and note any speclfrc direction to Sheaff) luaaish 4 copies fot real estate lery) y ~--a j t ~ joeY~y ~~t lQ b~. r /~ (f) Ezdapdon has (not) been Halved. 7 jzs~a~ Dated ~oseplh T. S u-ceC, F ach g~N-1c1awlle 32;5 ~ ~ c-~ 3 a~- Gac~n~~ Attom for 1 qdf s WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.RC.P. 3101 TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION -LAW Capital City Cab Service, Inc. Writ No. 2007-CV-02532-NT VS. Amount Due: $5,842.50 Erie Insurance Company COSTS 4901 Louise Drive Plaintiff Paid: $23.00 Mechanicsburg, PA 17055 Attorney: $3.00 This Writ: 529.00 Attys. Comm: $200.00 O THE SHERIFF OF CUMBERLAND• To satisfy the debt, interest and costs against Erie Insurance Company, Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: Any + all property available. and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (2) If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorable Richard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Hamsburg Wednesday, July 25, 2007. Stephen E. Farina, Prothonotary By: Deputy Requesting Party Joseph T. Sucec, Esquire Attorney's ID No.: 74482 325 Peach Glen- Idaville Road Gardens, PA 17324 (717) 677-9284 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary ~X~t~e~-r G VERIFICATION I, .~ - Q. !~ have read the foregoing Petition and hereby affirm that ~t is true and correct to the best of my personal knowledge, or information and belief. This Verfication and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsificat~n to authorfies; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4804. Erie Insurance Group Gated: / '"' /L~ CERTIFICATE OF SERVICE AND NOW, this ~7~ day of September, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petitioner to Open and Stay Execution and Proposed Rule to Show Cause upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Respondent JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~!~ Eliz th D. Snover C'a ~~ ['~ C_~. ~ ~7 "r11~. ~ ~ r i , ~ .. ~ r~ V t ~ ~•~ _ " li l~.I ~ 4 ...,e : la ryp . ~ ~ ~~ ~. f ~D . ~ C V CAPITAL CITY CAB IN THE COURT OF COMMON PLEAS OF SERVICE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ERIE INSURANCE COMPANY, Defendant N0.07-4944 CIVIL TERM ORDER OF COURT AND NOW, this 24~' day of September, 2007, upon consideration of Defendant Erie Insurance Company's Petition To Open Default Judgment and Stay Execution, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, December 17, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~;~~r1~~,~ ~e°1~d ,~ 1 £ ~ { 1 ~~ 5Z dS tQ~Z A~N1Gti+~r-~.iU~d ~H.L ~4 ~~(?~?G-Ci3l~~ 6. Briefs shall be submitted at least seven days prior to argument. IT IS FURTHER ordered that execution upon the judgment shall be stayed pending disposition of this petition. ~seph T. Sucec, Esq. 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorney for Plaintiff ~fferson J. Shipman, Esq. Elizabeth D. Snover, Esq. 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc BY THE COURT, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per court order. Sheriffs Costs: Advance Costs: 150.00 Sheriff's Costs: 111.12 Docketing 18.00 $ 38.88 Poundage 2.18 Advertising Law Library Prothonotary 37.50 Refunded to Atty on 09/27/07 Mileage 13.44 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 111.12 So Answers; ~.~~ ' ~, ~ '"~' R. Thomas Kline, Sheriff 1 By Claudia A. Brewbaker ~o~~~ ~d;. ~' `:,~~~: i~~~~ .~~a~ G J ,r WRIT OF EXECUTION (MONEY JUDGMENTS) & ATTACHMENT P.R.C.P. 3101 'TO 3149 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN CIVIL ACTION -LAW ~~~~~ ~~ Capital City Cab Service, Inc. Writ No. 2007-CV-02532-N1' V S. Erie Insurance Company 4901 Louise Drive Mechanicsburg, PA 17055 ~7,',O TfIE; Sflr,Kfl+F OC CUMBERLAND: therein. Amount Due: $5,842.50 COST'S Plaintiff Paid: $23.00 Attorney: $3.00 This Writ: $29.00 Attys. Comm: $200.00 'I'o satisfy the debt, interest and costs against Erie Insurance Company, Defendant(s). (1 j You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest You are also directed to attach the property of the defendant not levied upon in the possession of as Garnishee(s) as follows: Any + all property available. and to notify the Garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (2j If property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him or her that he or she has been added as a garnishee and is enjoined as above stated. WITNESS, the Honorai>le Pichard A. Lewis, President Judge of the Court of Common Pleas of Dauphin County at the City of Harrisburg Wednesday, July 25, 2007. Stephen E. Farina, Prothonotary Requesting Party: Joseph T. Sucec, Esquire Attorney's ID No.: 74482 325 Peach Glen- Idaville Road Gardens, PA 17324 (717) 677-9284 AND NOW, Writ re-issued Stephen E. Farina, Prothonotary B C~~~~ Deputy 1•~~Y IN~fI~, ~ t8 tl~t 3@R ~ ~, s~lal Of s~~d ~~~ ~ ~# C~'li~le, Pa. Prgp~U~ C7 BEFORE THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE plaintiff, CIVIL ACTION-LAW v. No. 07-4944 CIVIL TERM ERIE INSURANCE COMPANY defendant . Capital City Cab company, through its attorney Joseph T, Sucec, Esq., hereby answers Defed- nat's Petition to Reopen Judgment, averring as follows: i . Admitted. 2. Admitted. 3. Admitted. 4. Denied in part. Erie Insurance is a named party to the action in the reinstated Complaint (see Defendant/Petitioner's Exhibit A). 5. Admitted. 6. Admitted. 7. Admitted. 8. Defendant avers a conclusion of law, without citing precedent, at least in paragraph 8, to sup- port his conclusions. 9. Neither admitted nor denied without further information provided by Defendant. 10. Admitted 11. Admitted 12. Admitted 13. The entry of default judgment was itself mailed to Erie Insurance, giving them fair notice of the case at hand. 14. Denied in part. While Plaintiffs counsel made no such attempts, representatives of Capftal City made multiple attempts, both thoough owner Ayal Salame and office manager Linda Belle, to contact Erie Insurance about the case. In each case, both Belle and Salame were told that no one was available to resolve the issue, or that a "message" should be left. 15. Admitted. After multiple attempts to resolve the issue informally, and six months time, Capi- tal City decided to enter the judgment in the county in which it was rendered. 16. Admitted in part in that no Pa. R. C. P. 236 notice was rendered. However Pa. R. C. P. 236(e)states that the effect of no rule 236 notice is not a fatal error; in this particular matter, springing from a magisterial district justice judgment, fair notice would at very least be given to Defendant through the mailing/receipt of the entry of the district justice judgment. 17. Admitted. 1$. Admitted. 19. Neither admitted nor denied without further information from Defendant. 20. Neither admitted nor denied without further information from Defendant. 21. Neither admitted nor denied without further information from Defendant. 22. Neither admitted nor denied without further information from Defendant. 23. Neither admitted nor denied without further information from Defendant. 24. Adntted as to contact with Defendant's counsel. 25. Neither admitted nor denied. However, Defendant's counsel has given every indication that Defendant wants to relitigate a claim for which it has had multiple notice. Upon receiving the original summons, which Defendant admits, Defendant could have given notice to defend, and appeared at the Magisterial District Judge hearing. Upon receiving notice of the entry of Judg- meirt from the Magisterial District Judge, Defendant had a full thirty days to affect an appeal to the Court of Common Pleas. Defendant chooses to ignore those options, instead waiting until a sherifFs levy more than two years after the commencement of the case. 26. Denied. Erie Insurance can pay the judgment at any time. Its own internal procedures regazding claim files, etc... are not the basis of statute or existing case law. There is no mandatory reason under the law that a claim file of any sort be prerequisite to payment of an existing judg- ment that a Defendant has had multiple chances to litigate. 27. Denied. No right exists in precedent, statute, or constitution, that maintains that Erie Insur- ance must be allowed to investigate a claim it has chosen to ignore until the commencement of a sheriff s levy. 28. Defendant's averment is a conclusion of law, not requiring an answer. 29. Defendant's averment is a conclusion of law, not requiring an answer. 30. Defendant's averment is a conclusion of law, not requiring an answer. 31. Admitted. 32. Defendant's averment is a conclusion of law, not requiring an answer. 33. Denied. Providing that Erie has a meritorious argument in this regard, this court is referred to the lengthy statement Plaintiff submits in pazagraph 25 of this answer; Defendant had multiple chances to challenge Plaintiffs contentions, it chooses now to do so only after Plaintiff has taken the time and expense to entry a judgment and request a sheriil's levy. 34. Denied. Mere allegations of negligence or mistake absent more will not suffice to justify a failure to appear or answer a complaiirt so as to warrant granting relief from a default judgment. Duc n v. Wee Wheelers. Inc. 423 Pa. Super. 251, 257.620 A.2d 1206,1210 (1993) also see Flynn v~Ame.;i,~ West ,~trlines, '~42 A.2d b95, 701(Pa. Super. 1999) (mm~ing to pat- terns of misfeasance and mistake). 35. Denied in its conclusion. While Defendant's counsel certainly filed the petition answered here immediately upon learning of the case, Defendant itself had well over a yeaz after each of its two opportunities to learn of the matter. Defendant simply chose to ignore those opportunities, and contact its lawyer when the sheriff arrived. In this, Erie Insurance's actions fail the test estab- lished in ~lvnn v. America West_ irlines, at 698 . While Defendant's counsel had bare notice of the judgment here, Defendant itself had considerably snore. 36. Denied. Petitioner fails at at least two of the three requisites stated. Plaintiffs do not concede a meritorious claim Assuming, however, such exists, the lack of tin~liness on the part of Defendants and the total ignorance of notice on two different occasions defeat Defendant's bid to reopen the judgment in this case, 37. Defendant's averment is a conclusion of law, not requiring an answer. 38. Defendant's averment is a conclusion of law, not requiring an answer. 39. Neither Admitted nor Denied. WHEREFORE, for the foregoing reasons, Plaintiff Capital City Cab Service requests that Plain- ti~s Petition to Reopen Judgment be denied, and that execution of said judgment be allowed to go forward under the Pennsylvania Rules of Civil Procedure. Res t submitted, /~zj~ Jo~'eph T. Sucec, Esq. (ID # 74482) Attorney for Capital City Cab Service 325 Peach Glen-Idaville Road Gardners, PA 17324 (717)677-9284 joesucec@paonline.com BEFORE THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE plaintiff, CIVIL ACTION-LAVV v. No. 07-4944 CIVIL TERM ERIE INSURANCE COMPANY defendant I hereby certify that, on this 12th day of October 2007, I served a true and correct copy of Plain- tiff sANSWER TO DEFENDANT PETITION TO REOPEN JUDGMENT AND STAY EXECUTION on the following: Jefferson J. Shipman, Esq. 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Service was by first-class mail. AFFIDAVIT OF VERIFICATION As an officer for the corporate Plaintiff in the foregoing mat- ter, I swear that the facts above set forth are true and correct to the best of my knowledge, information and belief. I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities as set forth at 52 Pa. Code 1.36. Date f~ ~(( ~ (~ C"? ~ ~ C _„_, _+~ r', _ ~. ~.. ~ ~~L~ ! . T' i' 1 ' ~~ ' t. ~... ~~ .i ~i ., ~ CS _ tt3 . ~ f CAPITAL CITY CAB SERVICE, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-CV-4944 ERIE INSURANCE COMPANY : IN CIVIL ACTION ORDER OF COURT AND NOW, this day of 2007, upon review of the Defendant's Motion to Compel and Extend Deadlines, it is hereby ORDERED that: 1. Ayal Salame and Linda Belle shall present themselves to the Defendant for a deposition within 60 days from the date of this Order; 2. All depositions shall be completed within 60 days from the date of this Order; 3. Argument shall be rescheduled to , 2008, at .m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Jefferson J. Shipman Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Plaintiff f CAPITAL CITY CAB SERVICE, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-CV-4944 ERIE INSURANCE COMPANY ~~ IN CIVIL ACTION ORDER OF COURT AND NOW, this day of 2007, upon review of the Defendant's Motion to Compel and Extend Deadlines, it is hereby ORDERED that: 1. Ayal Salame and Linda Belle shall present themselves to the Defendant for a deposition within 60 days from the date of this Order; 2. All depositions shall be completed within 60 days from the date of this Order; 3. Argument shall be rescheduled to , 2008, at .m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Jefferson J. Shipman Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Plaintiff I CAPITAL CITY CAB SERVICE, INC., v. ERIE INSURANCE COMPANY NO. 2007-CV-4944 IN CIVIL ACTION ORDER OF COURT AND NOW, this day of 2007, upon review of the Defendant's Motion to Compel and Extend Deadlines, it is hereby ORDERED that: 1. Ayal Salame and Linda Belle shall present themselves to the Defendant for a deposition within 60 days from the date of this Order; 2. All depositions shall be completed within 60 days from the date of this Order; 3. Argument shall be rescheduled to , 2008, at .m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Jefferson J. Shipman Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Johnson, Duffie, Stewart & Weidner By: Jefferson J. Simpson I.D. No. 51785 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CAPITAL CITY CAB SERVICE, INC., v. ERIE INSURANCE COMPANY NO. 2007-CV-4944 IN CIVIL ACTION DEFENDANT ERIE INSURANCE COMPANY'S MOTION TO COMPEL DEPOSI TONS PER PETITION TO OPEN DEFAULT JUDGMENT AND TO EXTEND DEADLINES AND NOW, this 12~? aay of November, 2007, comes the Defendant, Erie Insurance Company, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Motion to Compel Depositions and to Extend Deadlines and in support thereof, avers as follows: 1. The Defendant herein is Erie Insurance Company more properly referred to Attorneys for Erie Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA as Erie Insurance Group (hereinafter "Erie Insurance"). t 2. The Plaintiff herein is Capital City Cab Service, Inc. (hereinafter "Capital City Cab"). 3. On or about September 14, 2007 Erie Insurance filed a Petition to Stay Execution and to Open the Default Judgment of $5,842.50 entered against Erie Insurance in the Court of Common Pleas of Dauphin County and transferred to Cumberland County. 4. That Petition was granted by the Honorable Judge Oler by Order of Court dated September 24, 2007 which states: 1. A Rule is issued upon the Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an Answer to the Motion within 21 days of the date of this Order; 3. The Petition shall be decided under Pa.R.C.P. 206.7; 4. Depositions shall be completed within 49 days from the date of this Order; 5. Argument shall be held on Monday, December 17, 2007 at 1:30 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. A true and correct copy of the Order of Court is attached hereto as Exhibit A. 5. Plaintiff filed an Answer to Defendant's Petition on or about October 12, 2007 wherein Plaintiff stated that the Owner of Capital City Cab, Ayal Salame, and office manager, Linda Belle, made several attempts to contact Erie Insurance. Plaintiff's Answer to Petition, ¶ 74. • 6. Counsel for the Defendant attempted to schedule the depositions of Linda Belle and Ayal Salame, but when counsel for the Plaintiff was unable to produce available dates for Mr. Salame within the deposition deadline Defendant issued subpoenas to attend and testify upon Mr. Salame and Ms. Belle. 7. The subpoenas to attend and testify stated that Ms. Belle and Mr. Salame were to appear on November 6, 2007 at 10:00 a.m. and 10:30 a.m. respectively. True and correct copies of the subpoenas are attached hereto as Exhibits 8 and C. 8. On November 5, 2007 counsel for the Plaintiff contacted counsel for the Defendants and indicated that, despite knowledge of the subpoena, Ayal Salame would not present himself for a deposition. 9. Counsel for the Plaintiff also indicated that he has not been able to contact Linda Belle, who is no longer an employee for Capital Cab. 10. On November 6, 2007, counsel for the Defendant, put on the record the failure to Mr. Salame and Ms. Belle to appear despite the subpoenas issued. A true and correct copy of the Deposition Transcript is attached hereto as Exhibit D. 11. When seeking to open a judgment by default, three factors must be present: (1) the petition to open is promptly filed; (2) there is a reasonable excuse for failure to respond; and (3) a meritorious defense is shown. • 12. In order to prepare for the Argument currently scheduled for December 17, 2007, it is necessary that Erie Insurance take the depositions of Mr. Salame and Ms. Belle to learn what contact was made with representatives of Erie Insurance by these individuals and to learn the substance of the action underlying the judgment in order to satisfy the requisites for a reasonable excuse and a meritorious defense. 13. It is submitted that the deposition deadline should be extended for another 60 days and that Argument on the Petition to Open Judgment be scheduled after the expiration of the deposition deadline, so that Erie Insurance can take the depositions of Mr. Salame and Ms. Belle. 14. It is further submitted that the Court should compel the attendance of Mr. Salame and Ms. Belle at a deposition within 60 days from the date of the Order. 15. The Honorable Judge Oler has previously issued an Order in this matter. 16. Counsel for the Plaintiff, Capital Cab, was apprised of the contents of this Motion and did not concur. WHEREFORE, the Petitioner Erie Insurance respectfully requests this Honorable Court issue an Order extending the deposition deadlines for 60 days and schedule Argument on Defendant's Petition to Open Default Judgment after the expiration of that deposition deadline. It is further requested that the Court compel the attendance of Ayal Salame and Linda Belle at depositions within the 60 days from the date of the Order. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferso~J. Shipm~rf, Esquire Elizabe D. Snover, Esquire Attorneys for Petitioner Erie Insurance l~ 2~ ~ Date: 1 CAPITAL CITY CAB IN THE COURT OF COMMON PLEAS OF SERVICE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ERIE INSURANCE COMPANY, Defendant NO. 07-4944 CIVIL TERM ORDER OF COURT AND NOW, this 24`" day of September, 2007, upon consideration of Defendant Erie Insurance Company's Petition To Open Default Judgment and Stay Execution, it is ordered that: 1. A Rule is issued upon Plaintiff to show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Monday, December 17, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. IT IS FURTHER ordered that execution upon the judgment shall be stayed pending disposition of this petition. Joseph T. Sucec, Esq. 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorney for Plaintiff Jeffe son J. Shipman, Esq. E1' abeth D. Snover, Esq. 3 1 Market Street .O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc BY THE COURT, 'JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASS[DY Joy=~vso~r DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 146 E-MAIL 1cgQjdsw.com Ayal Salame Capital City Cab Service 362 South Front Street Steelton, PA 17113 Re: Capital City Cab v. Erie Insurance Dear Mr. Salame: Certified Mail EXHIBIT ~~~~ ~ ~~ S. Douahnrty Enclosed please find a Subpoena To Attend And TestiTfv and Notice Of Deposition for your appearance at a deposition scheduled on November 6, 2007 at 10:30 A.M. The deposition will take place at the law offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, PA. Very truly yours, JOHNSON, DUFFIE, STEWART &WEIDNER ~~~~ C , ~~~~~~ Linda C. Greenleaf, Paralegal to Jefferson J. Shipman Enclosures cc: Joseph T. Sucec, Esquire 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM October 25, 2007 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Capital City Cab Service, Plaintiff v• File No. 07-4944 Erie Insurance Company, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Ayal Salame You are ordered by the court to come to Law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Specify Courtroom or other place) at Lemoyne ,Cumberland County, Pennsylvania, on November 6. 2007 at 10:30 o'clock, A. M., to testify on behalf of Defendant m the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a): Name: Elizabeth D. Snover, EsQUire Address: 301 Market Street Lemoyne, PA 17043 Telelahone: 717.7~a 1-4540 Supreme Court ID 200997 BY THE COURT: s Prothonotary/Cler ivil Division Date: D Seal f t e Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7197) 9 v~e'g v c ~`+ ~.+ ~~ ~ ~:,tr a m m Gf lL a° m ~, m U ;- ~-,-. :t~i~ LLB LL~ m ~ ST `, mm ,m °~ ~, ~E mE ~ a .o ~~ mm ~~ m ti 'B ;m0 °' EQ m ~~'. ~ ¢~ cn ~~ o SQZO 6+96 2DDD D'CZD ZDDZ ' JERRY R. DUFFIE RICHARD W. STEWART • ~ C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY jo~rsoN DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADED. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER.'S EXT. NO. 146 E-MAIL lcgtaljdsw.com Ayal Salame Capital City Cab Service 362 South Front Street Steelton, PA 17113 Re: Capital City Cab v. Erie Insurance Dear Mr. Salame: Certified Mail EXHIBIT / ~~~~ ~ ~7 S. Oouflherty~ .~t~hGr Enclosed please find a Subpoena To Attend And Testify and Notice Of Deposition for your appearance at a deposition scheduled on November 6, 2007 at 10:30 A.M. The deposition will take place at the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA. Very truly yours, JOHNSON, DUFFIE, STEWART &WEIDNER Linda C. Greenleaf, Paralegal ~` to Jefferson J. Shipman Enclosures cc: Joseph T. Sucec, Esquire 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL ~ JDSW.COM October 25, 2007 JOHNSON, DUFFIE, STEWART &WEIDNER, P.C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Capital City Cab Service, Plaintiff v File No. 07-4944 Erie Insurance Company, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Aral Salame You are ordered by the court to come to Law offices_ of Johnson, Duffle, Stewart ~ Weidner, 301 Market Street, Lemoyne, PA 17043 (Specify Courtroom or other place) at Lemoyne ,Cumberland County, Pennsylvania, on November 6, 2007 at 10:30 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a): Name: Elizabeth D. Snover, EsQUire Address: 301__ Market Street Lemoyne, PA 17043 Telephone: 717- 761-4540 Supreme Court ID 200997 BY THE COURT: s Prothonotary/Cler ivil Division Date: 07 Seal f t Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) 59L0 6fi96 2000 02L0 LOOL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA II CAPITAL CITY CAB SERVICE, Plaintiff v. II ERIE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW No. 07-4944 Civil Term Oral Deposition of AYAL SALAME DATE: Tuesday, November 6, 2007 TIME: 10:40 a.m. PLACE: Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. O. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 ORIGIf~AL 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'APPEARANCES: For the Plaintiff: (No appearance) For the Defendant: ELIZABETH SNOVER, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 I N D E X Page 4 APEX Reporting Service 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S MS. SNOVER: Now is the time and place for a deposition of Ayal Salame. It is currently 10:40. Mr. Salame was sent a subpoena to attend and testify to be present at this office at 10:30. As I said, it is now 10:40. He is not present. We will enter as Defendant's Exhibit 1 a copy of a certified letter sent to Ayal Salame containing a subpoena to attend and testify which was sent via courtesy copy to Joseph Sucec, the attorney for Capital City Cab Service. Ayal Salame is the owner of Capital City II Cab Service. We will also put on the record that I received a telephone call from Joseph Sucec yesterday relaying to me that despite his advice that his client Mr. Salame attend this scheduled deposition, that his client would not be present. Mr. Sucec communicated to me that he informed his client of the risks and potential consequences of failing to appear at the deposition scheduled at this time and this place, but that his client refuses to appear. It should also be noted that it now being slightly after 10:40 a.m. on the date scheduled for APEX Reporting Service 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Belle's deposition, that she has also not presented I~for her deposition which was scheduled for 10:00 this morning. We are putting these items on the record in order to support a potential motion to compel and to extend the deposition deadlines relative to a petition to open the judgement in Capital City Cab v. Erie Insurance, Cumberland County, Docket No. 2007-4944. (Deposition Exhibit No. 1, the Subpoena, was produced and marked for identification.) (The deposition was concluded at 10:43 a.m.) APEX Reporting Service ' JERRY R. DUFFLE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY Ayal Salame Capital City Cab Service 362 South Front Street Steelton, PA 17113 Re: Capital City Cab v. Erie Insurance Dear Mr. Salame: Certified Mail EXHIBfT ~~~~ ~ ~7 S. Dougherty Enclosed please find a Subpoena To Attend And Testify and Notice Of Deposition for your appearance at a deposition scheduled on November 6, 2007 at 10:30 A.M. The deposition will take place at the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA. Very truly yours, Enclosures cc: Joseph T. Sucec, Esquire JOHNSON, DUFFIE, STEWART &WEIDNER Linda C. Greenleaf, Paralegal to Jefferson J. Shipman 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JD FoN MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WR.ITER'S EXT. NO. 146 E-MAIL lcg{~jdsw.com October 25, 2007 JOHNSON, DUFFIE, STEWART &WEIDNER, P. C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Capital City Cab Service, Plaintiff v, File No. 07-4944 Erie Insurance Company, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Ayal Salame _ You are ordered by the court to come to Law offices of Johnson, DufFe, Stewart 8~ Weidner, 301 Market Street, Lemovne, PA 17043 (Specify Courtroom or other place) at Lemoyne ,Cumberland County, Pennsylvania, on November 6, 2007 at 10:30 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a): Name: Elizabeth D. Snover, EsQuire Address: 301 Market Street Lemovne. PA 17043 Telephone; ?17-751-4540 Supreme Court I D 200997 BY THE COURT: s Prothonotary/Cler ivil Division Date: 'ly D' Seal f t Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) ~. :~ .~ ~i~ ~~;~ ~~ i~ ~ ~ ;~ .4 2 ~N o ;m 00 :~ a ~~ `o ;U 59L0 696 2000 O'CLO LOOL Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Elizabeth D. Snover I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 CAPITAL CITY CAB SERVICE, Plaintiff v. ERIE INSURANCE COMPANY, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4944 CIVIL TERM NOTICE OF DEPOSITION TO: Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorneys for Capital City Cab Service PLEASE TAKE NOTICE, the pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of the following individuals, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all maters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address fisted below and submit to examination under oath. Said depositions will be taken at the following place or location and time: Johnson, Duffle, Stewart ~ Weidner 301 Market Street Lemoyne, PA 17043 Date: November 6, 2007 Deponents: Linda Belle at 10:00 A.M. Ayal Salame at 10:30 A.M. You are invited to attend and examine the witnesses as you deem fit. JOHN , DUFFIE, STEWART & WEIDNER By Jeff son J. Shipman, Esquire Attorneys I.D. #: 51785 Elizabeth D. Snover Attorneys I.D. # 200907 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE : l 4l '~/v7 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served, upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on f ~ ~ 5 ~ ' Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorneys for Capital City Cab Service JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I.D. #: 51785 Elizabeth D. Snover I,D. # 200997 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant ~'E~1VC~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS s'~W~~ N~ CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, Plaintiff v. ERIE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW No. 07-4944 Civil Term Oral Deposition of AYAL SALAME DATE: Tuesday, November 6, 2007 TIME: 10:40 a.m. PLACE: Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. O. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 2 APPEARANCES: For the Plaintiff: (No appearance ) For the Defendant: ELIZABETH SNOVER, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I N D E X Witness (None ) 19 20 21 22 23 24 25 (Exhibits No . 1 ( Subpoena ) Page 4 APEX Reporting Service ~ • 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E _D I N G S MS. SNOVER: Now is the time and place for a deposition of Ayal Salame. It is currently 10:40. Mr. Salame was sent a subpoena to attend and testify to be present at this office at 10:30. As I said, it is now 10:40. He is not present. We will enter as Defendant's Exhibit 1 a copy of a certified letter sent to Ayal Salame containing a subpoena to attend and testify which was sent via courtesy copy to Joseph Sucec, the attorney for Capital City Cab Service. Ayal Salame is the owner of Capital City Cab Service. We will also put on the record that I received a telephone call from Joseph Sucec yesterday relaying to me that despite his advice that his client Mr. Salame attend this scheduled deposition, that his client would not be present. Mr. Sucec communicated to me that he informed his client of the risks and potential consequences of failing to appear at the deposition scheduled at this time and this place, but that his client refuses to appear. It should also be noted that it now being slightly after 10:40 a.m. on the date scheduled for APEX Reporting Service s 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Ms. Belle's deposition, that she has also not presented for her deposition which was scheduled for 10:00 this morning. We are putting these items on the record in order to support a potential motion to compel and to extend the deposition deadlines relative to a petition to open the judgement in Capital City Cab v. Erie Insurance, Cumberland County, Docket No. 2007-4944. (Deposition Exhibit No. 1, the Subpoena, was produced and marked for identification.) (The deposition was concluded at 10:43 a.m.) APEX Reporting Service • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 C E R T I F I C A T E 2 3 I, Sharon L. Dougherty, a Notary Public for the 4 Commonwealth of Pennsylvania, do hereby certify: 5 That the witness named in the deposition, prior 6 to being examined, was by me first duly sworn or 7 affirmed; 8 That said deposition was taken before me at the 9 time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. I further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. ~ --~. ~. r ,~ .~ /' ~"' ~~rr~!`' j f s r 1` `,. ~~haron . ,Doug rty w ~,,,. APEX Reporting Service ~ JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR EDMUND G. MYERS DAVID W. DELUGE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY Jo~soN j~UFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER.'S EXT. N0. 146 E-MAIL 1cgC'~jdsw.com Ayal Salame Capital City Cab Service 362 South Front Street Steelton, PA 17113 Re: Capital City Cab v. Erie Insurance Dear Mr. Salame: Certified Mail EXHIBIT r~~~~ ~9 s. oo~wna.e„ Enclosed please find a Subpoena To Attend And Testifir and Notice Of Deposition for your appearance at a deposition scheduled on November 6, 2007 at 1,0:30 A.M. The deposition will take place at the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA. Very truly yours, JOHNSON, DUFFIE, STEWART &WEIDNER Linda C. Greenleaf, Paralegal .~' to Jefferson J. Shipman Enclosures cc: Joseph T. Sucec, Esquire 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAILC~JDSW.COM JOHNSON, DUFFIE, STEWART &WEIDNER, P. C. October 25, 2007 ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Capital City Cab Service, Plaintiff v. File No. 07-4944 Erie Insurance Company, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: Ayal Salame 1. You are ordered by the court to come to Law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Specify Courtroom or other place} at Lemoyne ,Cumberland County, Pennsylvania, on November 6, 2007 at 10:30 o'clock, A. M., to testify on behalf of Defendant in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, incEuding but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a): Name: Elizabeth D. Snover, Esquire Address: 301 Market Street Lemoyne. PA 17043 Telephone: 717- 701-4540 Supreme Court ID 200997 BY THE COURT: 5 Prothonotary/Cler ivil Division Date: y/off 10 Seal f t e Court Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) ;~ ;C~~~ ~~ i~ 2 0 m 0 5922 6+96 2220 2'CZ2 Z22z V v Johnson, Duffle, Stewart & Weidner Attorneys for By: Jefferson J. Shipman, Esquire Defendant I.D. No. 51785 Elizabeth D. Snover I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 CAPITAL CITY CAB SERVICE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 07-4944 CIVIL TERM ERIE INSURANCE COMPANY, Defendant NOTICE OF DEPOSITION TO: Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorneys for Capital City Cab Service PLEASE TAKE NOTICE, the pursuant to the Rules of Civil Procedure, counsel for the Defendant, will take the deposition of the following individuals, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all maters not privileged, which~~are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said depositions will be taken at the following place or location and time: • ~ V Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Date: November 6, 2007 Deponents: Linda Belle at 10:00 A.M. Ayal Salame at~10:30 A.M. You are invited to attend and examine the witnesses as you deem fit. JOHN , DUFFIE, STEWART & WEIDNER By Jeff son J. Shipman, Esquire Attorneys I.D. #: 51785 Elizabeth D. Snover Attorneys I.D. # 200907 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE : /!ll'y~l 07 ~ r r CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served. upon the following, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on I ~ a 5 '-] Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorneys for Capital City Cab Service JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers'~on J. Shipman, Esquire I.D. #: 51785 Elizabeth D. Snover I, D. # 200997 P.O. Box 109 Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant s ~ v CERTIFICATE OF SERVICE AND NOW, this Z~da y of November, 2007, the undersigned does hereb certify that she did this date serve a copy of the fore oin y record b 9 g Motion upon the other parties of y causing same to be deposited in the United States Mail ' prepaid, at Lemoyne, Pennsylvania, addressed as follows: ~ first class postage Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER r~..~ : ~ ~ _ ,,.k --"'~ _ •_: `~- --n -- ,;,..= :, ~.. ; : :~ : , ~ -;=~ ~.. -~" ~:,1 CAPITAL CITY CAB SERVICE, INC., Plaintiff v. ERIE INSURANCE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4944 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL AND EXTEND DEADLINES BEFORE OLER, J. ORDER OF COURT AND NOW, this 10`h day of December, 2007, upon consideration of Defendant's Motion To Compel and Extend Deadlines, following a telephone conference on December 7, 2007, with counsel in the persons of Joseph T. Sucec, Esq., on behalf of Plaintiff and Elizabeth D. Snover, Esq., on behalf of Defendant, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Depositions relating to Defendant's Petition To Open Default Judgment and Stay Execution shall be completed within 60 days of December 7, 2007; 2.The deposition of Ayal Salame shall be conducted at the offices of Defendant's counsel at 301 Market Street, Lemoyne, Pennsylvania, on Monday, January 28, 2006, at 10:00 a.m.; 3.Ora1 argument on Defendant's Petition To Open Default Judgment and Stay Execution is scheduled for Monday, March 3, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; 4. Briefs shall be submitted at least seven days prior to argument; and E ;f t~~ . ~_ Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Elizabeth D. Snover I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 CAPITAL CITY CAB SERVICE, Plaintiff v. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4944 CIVIL TERM ERIE INSURANCE COMPANY, Defendant ~ ,~ . INTERROGATORIES TO: Capital City Cab Service, Plaintiff c/o Joseph T. Sucec, Esquire 325 Peach Glen-Idaville Road Gardners, PA 17324 INTERROGATORY 1 State the full name of Defendant, along with both the national/regional corporate address, and any corporate address within 50 miles of the city of Harrisburg, PA. Also include the relevant telephone numbers for each. ANSWER: Erie Insurance Group regional office for Harrisburg is Physical Address: Harrisburg Branch Office, 4901 Louise Drive, Rossmoyne Business Center, Mechanicsburg, PA 17055-4878 Mailing Address: Harrisburg Branch Office, Erie Insurance Group, P. O. Box 2013, Mechanicsburg, PA 17055-0710 Phone: (717) 795-8200 Toll Free: (800) 382-1304 The corporate Name office is located at 100 Erie Insurance Place Erie, PA 16530-0001 Phone: (814) 870-2000 Toll Free: (800) 458-0811. It is believed that no other corporate office exists within 50 miles of Harrisburg, PA. INTERROGATORY 2 For the corporate location within fifty miles of Harrisburg described in your answer to Interrogatory 1, state the name, business address, and telephone number for any supervisory personnel employed by Eire Insurance, involved in the decision-making process regarding both current and potential litigation. Included in your answer should be both persons currently with the responsibility described above in this interrogatory, and any persons with said responsibility at the relevant times described in the pleadings for this matter. ANSWER: Stephen R. Granoff, CPCU P.O. Box 2013 Mechanicsburg, PA 17055 (717) 795-8200 INTERROGATORY 3 For the corporate location within fifty miles of Harrisburg described in your answer to Interrogatory 1, state the name, business address, and telephone number for any supervisory personnel employed by Erie Insurance, responsible for both the receipt and proper transfer of incoming mail. Included in your answer should be both persons currently with the responsibility described above in this interrogatory, and any persons with said responsibility at the relevant times described in the pleadings for this matter. ANSWER: Steven Wilson P.O. Box 2013 Mechanicsburg, PA 17055 (717) 795-8200 INTERROGATORY 4 In Defendant's Petition to Open Default Judgment and Stay Execution, you describe a mailroom employee, as having received the initial Magisterial District Judge summons on behalf of Erie Insurance. For the instance described therein, state: a) the employee's full name b) the employee's current or last-known address c) the employee's status and job responsibilities with Erie Insurance at the relevant times therein d) the employee's current status and job responsibilities if still employed by Erie Insurance or any affiliated persons. e) the employee's business address if still employed by Erie Insurance or any affiliated persons. f) the breadth and manner of any disciplinary action, if any, taken against the employee due to the incident described in paragraph of Defendant's Petition to Open Default Judgment and Stay Execution ANSWER: Steven Wilson P.O. Box 2013 Mechanicsburg, PA 17055 (717) 795-8200 Steven Wilson is a Mailroom Clerk responsible for the acceptance, handling, and distribution of mail that comes to the Harrisburg Branch. Steven Wilson is still employed by Erie Insurance Group in that capacity. The Harrisburg Branch has a mailing address of P.O. Box 2013 Mechanicsburg, PA 17055. No disciplinary action has been taken. INTERROGATORY 5 For the incident described In Defendant's Petition to Open Default Judgment and Stay Execution, describe any other disciplinary action taken against any other Erie Insurance employee. For each specific action, state: a} the employee's full name b) the employee's current or last-known address c) the employee's status and job responsibilities with Erie Insurance at the relevant times therein d) the employee's current status and job responsibilities if still employed by Erie Insurance or any affiliated persons. e) the employee's business address if still employed by Erie Insurance or any affiliated persons. f} the breadth and manner of the disciplinary action taken. ANSWER: No disciplinary action has been taken. INTERROGATORY 6 Describe the mailroom policy at the Erie Insurance corporate office in Mechanicsburg, PA regarding the handling of legal documents received through United States mail at that location. Specifically state or describe as is appropriate: a) The person or persons with the responsibility for receipt of the mail, both currently and at the relevant times described in the pleadings for this matter. b) The policy for the transfer of legal documents at the location described above, as in the person or persons to whom the documents should be transferred, and what priority, if any, is given documents received related to litigation. c) State whether the facts given in your answers to either a) or b) (or both) of this interrogatory have changed from the times described in the pleadings for this matter to that of the present. ANSWER: a. Steve Wilson b. Steven Wilson picks up the mail tubs every business morning at the post office at 7.am. He signs for all pieces of certified mail at that time but does not review the pieces. The tubs of mail, which are estimated to include 1,400 items per day, are taken back to the Mechanicsburg office of the Defendant. At that time the following Erie employees sort the mail: Wanda King; Steven Wilson; Sue Ann Shaffer; Virginia Manfred; Karen Lebo; Tammy Wargo; and Denise Carroll. Legal documents in the mail usually reference either an adjuster or another Erie employee handling the matter. Those items are given to the employee as indicated on the letter. {f a {egal document does not reference a contact or individual, the documents are given to Stephen Granoff for review and distribution. c. The only policy that has changed since the timeframe described in the pleadings is that the envelopes are not longer kept and stapled to the item of mail, all envelopes are now discarded. INTERROGATORY T Describe any oral testimony Defendant intends to present at the hearing scheduled for March 3, 2008 in this matter. For each instance, state: a) the name, business address, and telephone number of each intended witness. b) the nature and content of each witness' testimony c) whether any documents will be used to refresh memory or for some other purpose than to be introduced as physical evidence. For each such document, describe the nature and content of each. ANSWER: Assuming the Court will accept evidence at the argument scheduled for March 3~d, the Defendant anticipates that it will present the testimony of: Stephen R. Granoff, CPCU P.O. Box 2013 Mechanicsburg, PA 17055 (717) 795-8200 Mr. Granoff will testify as to the facts as alleged in the Petition. It is not anticipated that any documents will be used to refresh Mr. Granoff s memory, however, Defendant reserves the right to do so. Defendant reserves the right to update its answer to this Interrogatory and present any other witnesses as appropriate. INTERROGATORY 8 State whether Defendant intends to introduce any physical evidence, including documents, to support the claims made in Defendant's Petition to Open Default Judgment and Stay Execution either before or during the hearing scheduled for this matter on March 3, 2008. For each, state: a) the nature of the document/physical evidence b) the method used to create the document/physical evidence c) the persons involved in creating the document/physical evidence d} the content of the document/physical evidence and the relevance of said content to Defendant's claims in this matter. ANSWER: _ ._ _ The Defendant does not anticipate presenting any documents at the argument scheduled for March 3, 2008. 1 VERIFICATION I am a representative of the Defendant, and I hereby verify and state that the facts set forth in the foregoing Answers Interrogatories are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. ERIE INSURANCE GROUP Dated: ~~ ~ ~ ~ - d Steph n R. Granoff, CPCU CERTIFICATE OF SERVICE AND NOW, this 21St day of February, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Answers to Interrogatories upon the other parties of record by causing same to be sent via facsimile transmission to 717-677-0470 and deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph T. Sucec, Esquire 325 Peach Glen- Idaville Road Gardners, PA 17324 Attorney for Respondent JOHNSON, DUFFIE, STEWART & WEIDNER 4 By: Eliz et .Shover J ~ ~ i~~'i "~" ~~ t -~R7 ~ -~ F .,..i ~.:...~ _.C:, .., C>~J +~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, :CIVIL ACTION - LAW Plaintiff . No. 07-4944 v. ERIE INSURANCE COMPANY, Defendant oral Deposition of AYAL SALAM DATE: Monday, 7anuary 28, 2008 TIME: 10:09 a.m. PLACE: 301 Market Street Lemoyne, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. 0. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 r, /'a'•' I fr ~~ -- `,y; ^. ~ _ a u. 1 APPEARANCES: 2 For the Plaintiff: 3 JOSEPH T. SUCEC, ESQUIRE 325 Peach Glen-Idaville Road 4 Gardners, PA 17324 5 For the Defendant: 6 ELIZABETH D. SNOVER, ESQ UIRE 7 JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market street 8 P. O. Box 109 Lemoyne, PA 17043-0109 9 10 11 12 13 14 15 16 17 18 I N D E X 19 Witness Page No. AYAL SALAM 20 Examination by: Ms. Snover 3 21 22 23 24 Exhibits Page No. No . 1' (Ci vi 1 Complaint) 6 25 APEX Reporting Service 2 1 P R O C E E D I N G S 2 3 S T I P U L A T I O N 4 It is hereby stipulated by and between counsel for the 5 respective parties that signing, sealing, certifying, and 6 filing are hereby waived, and that all objections, except to 7 the form of the question, are reserved to the time of trial. 8 9 AYAL SALAM, 10 having been sworn, testified as follows: 11 12 EXAMINATION 13 BY MS. SNOVER: 14 q Good morning, Mr. salam. My name is Elizabeth 15 snover. I represent Erie Insurance Group, and we are here 16 today related to a lawsuit that was filed by Capital city cab 17 against Mr. Steven Weber and Erie Insurance Group. 18 we filed a petition to open a judgement that was 19 entered in the Court of Common Pleas of Dauphin County and Z~ then Cumberland County, and we are just here today to try to 21 get to the bottom of that whole process and the factual 22 underlinings of that claim. so that is why we have you here 23 today to give a deposition. 24 A Okay. 25 Q Have you ever given a deposition before? 3 APEX Reporting Service 4 1 A Yes. 2 Q so you are familiar with the fact that there is a 3 court reporter here who will be taking down everything that 4 you say. Therefore, your answers need to be verbal. A nod or 5 a shake of the head indicating yes or no is not necessarily 6 going to be registered by the court reporter. 7 A Yes. 8 q so if you could keep your answers verbal, I would 9 appreciate it. 10 Also, if you need me to rephrase a question or if 11 you didn't hear me and you'd like me to repeat it, just let me 12 know. z want to make sure that everybody understands each 13 other here. 14 A okay. 15 q Also, to help out the court reporter, wait until 16 I finish asking the question for you to begin answering just 17 so she can take everything down, and Y will afford the 18 same courtesy to you. 19 Do you have any questions? 20 A No. 21 Q Mr. Salam, what your relation or position with 22 Capital City Cab? 23 A I am the owner of Capital City cab, and 24 president. 25 Q Is capital city Cab a corporation? APEX Reporting Service 5 1 A Yes. 2 Q How long have you been the owner and president of 3 Capital Ci ty Cab? 4 A since 1997. 5 Q so it is safe to say you-were there acting as 6 president and owner in 2006? 7 A Yes. 8 Q How many drivers do you have for capital city 9 cab? 10 A We don't have drivers. we have leasee drivers. 11 Q so does that mean that Capital City Cab actually 12 owns the t axis, the vehicles? 13 A Yes. 14 Q And then you have I guess independent contractors 15 who lease access to the vehicles and then I guess pay rent for 16 use of the vehicles. 17 A Correct. 18 Q How many vehicles does Capital City Cab own? 19 A It varies. 20 Q Approximately. 21 A It varies. 22 q Can you estimate how many they own now? 23 A Between 50 and 60. 24 Q I am going to show you what T would like to have 25 I marked as v-1. APEX Reporting Service 1 (reposition Exhibit No. ~-1, the Civil Complaint, 2 was produced and marked for identification.) 3 4 BY Ms. SNOV ER: 5 Q This is a Civil Complaint that I will represent 6 to you that I obtained from district justice Solomon's office 7 that was fi led initially, as you can see in sort of the upper 8 right-hand corner, on May 18th, 2006. 9 we also have a notation for the bottom of the 10 page on the left-hand side that it was reinstated on August 11 15th, 2006. Have you ever seen this document before, 12 Mr. salam? 13 A No. 14 Q so you didn't fill out this document? 15 A No. 16 Q oo you know who would have filled out this 17 document? 18 A It says Linda Belle on it. so I guess that is 19 Linda. 20 Q goes it look like Linda Belle's handwriting? 21 A I don't remember Linda's handwriting, but if she 22 -- because she's the one that was in charge of claims. so 23 that -- if I know come out of my .office, Linda takes care of 24 it. 25 Q You said Linda Belle was in charge of claims? 6 APEX Reporting Service 1 A Yes. 2 q what does that mean? 3 A That means she's the one that communicated 4 between the insurance companies and Capital City Cab, settle 5 claims and negotiate. 6 q so she would be the one who would typically fill 7 out district justice complaints and take care of any other 8 filings that were necessary to pursue those claims? 9 A Yes, ma'am. 10 q were you aware of the circumstances surrounding 11 the accident that is referred to in this Complaint? 12 A No. 13 Q So you -- 14 A I probably have the file, but I am not familiar 15 with any -- right now we have about 15 outstanding pending 16 accidents. So I really don't know specifically which one is 17 this. 18 Q You said that you have a file possibly on this 19 particular a ccident? 20 A I don't know. I am not familiar with it. In the 21 last two yea rs I have been gone from the country more than I 22 am here. so tragic circumstances that I had to be out of the 23 country. So z am doing some catch-up now. 24 Q goes Linda Belle still work for Capital city? 25 A No, she got sick and she left. She was stressed APEX Reporting Service 8 1 out and she left maybe eight months ago, about eight months, 2 something like that. 3 Q would it be Linda eelle who would keep the claims 4 files? 5 A Yes, most of the claims -- not most of them -- 6 even all of them was under Linda's supervision until she left. 7 Q Anybody else who would work on claims with Linda? 8 A NO. 9 Q when a district justice complaint would be filed 10 and a heari ng would be scheduled, who would attend the hearing 11 for Capital City Cab? 12 A Mainly Linda, and if that is necessary, then 13 Mr. sucec would be there. 14 Q I see at the bottom of what we have as ~-1, this 15 Complaint, that Mr, sucec is listed as Capital City Cab's 16 attorney. 17 If you know, is he generally listed as the 18 attorney on these complaints or just the ones where you 19 anticipate that he will be at the hearing? 20 A well, we try to not use him because, you know, 21 attorneys f ees is very high. so -- but since our relationship 22 with Mr. su cec is such that if we need him he is available to 23 us. so we really use his name on various occasions. 24 Q ~o you know who Steven Weber is? Have you ever 25 ` met Steven Weber? APEX Reporting Service 9 1 A No. 2 Q Do you ever remember hearing about Linda speaking 3 to Steven weber or any communications with Steven weber 4 regarding this accident? 5 A No. 6 Q I guess it's safe to say you have no specific 7 recollecti on of Linda talking with you about this particular 8 accident? 9 A No. I don't recall, no. 10 Q so you wouldn't know who the driver was that was 11 connected with this accident? 12 A No. 13 Q were you involved at all with the salvage, 14 repair, or any work that would have occurred for the vehicle 15 that was i nvolved in this accident? 16 A I am not even sure if I was in the country on 17 that. I'm not sure. As I said -- as I stated, I have been 18 two years, more than two years in tragic circumstances that I 19 had to be traveling between Israel and the united states. 20 so I kind of -- I don't even recall this. 21 MR. SUCEC: He can go into specifics if you want 22 to. 23 M5. SNOVER: If you don't mind telling me. It's 24 not someth ing I am entitled to know. 25 THE WITNESS: It's personal. APEX Reporting Service 10 1 BY MS. SNOVER: 2 Q who would be in charge of seeing that vehicles 3 get repaired, maintenance on the vehicles, maybe if there is 4 an accident, seeing if a vehicle is totaled and that sort of a 5 process? Is there a particular individual? 6 A Yeah. we have two mechanics. we have certified 7 mechanics, an d they change too because ... 8 Q Do you know who that might have been in 2006? 9 A Not offhand. 10 Q who are the mechanics now? 11 A The mechanic now is Stanley Betz. That is the 12 mechanic, and the other one, he is not -- the certified 13 mechanic it D on Hodges. The other mechanic is on vacation. 14 Q Mr. Hodges, would he have worked for Capital city 15 Cab in 2006? 16 A No. He is just an inspector. He does the 17 inspection. 18 Q Mr. Getz, would he have worked -- 19 A It could be, yes. 2006 or 2007 he join us. They 20 change. Mechanics come and goes. so T'm not sure about the 21 year. 22 Q would you know why Erie Insurance was sued as a 23 defendant in this case? were they somehow involved in the 24 accident directly or was it related to the fact that Mr, weber 25 said he wasn't insured, if you know? APEX Reporting Service 11 1 A That is just an assumption, that if Erie was 2 sued. 3 MR. sUCEC: It calls for a certain degree of 4 speculation. 5 THE WITNESS: I assume that Erie was involved. 6 Linda was working with me for quite a time. 7 BY MS. SNOVER: 8 q In the answer to our petition that was filed by 9 your attorney, it says that -- and this it paragraph 14. 10 "Multiple attempts were made to contact Erie Insurance, both 11 through Mr. Salam and office Manager Linda Belle to contact 12 Erie Insurance about the case. In each case, both Belle an 13 Salam were told that no one was available to resolve the issue 14 or that a message should be left." 15 Q Did you ever contact Erie? 16 A occasionally if Linda would have a brick wall, 17 then she will tell me to call, and I will make a phone call, 18 but she's the one that ... 19 Q Do you remember calling Erie regarding this 20 accident? 21 A Regarding this accident specifically, no, but 22 calling Erie insurance, many times. 23 Q Who do you typically call whenever you call Erie? 24 A It's all of the time is different because it's 25 claims. You call the claim department and every time somebody APEX Reporting Service 12 1 else pick up the phone. 2 Q so when you call a receptionist who puts you back 3 into the claims department, and then you are put to an 4 adjustor or a claim person and you don't know who that would 5 be. 6 A NO. 7 Q It depends upon who you get put back to. 8 A Correct. 9 Q If you would ever contact Erie, would you ever do 10 it via a letter or is it always through a phone call whenever 11 you have don e it yourself? 12 A when z have done it, just on the phone. 13 Q The phone number that you would call for Erie, if 14 you know, is that the Mechanicsburg office? 15 A I don't know. I don't recall. 16 Q But it's safe to say that when you call Erie, 17 it's a large r office where you would be put into the claims 18 department, not necessarily an adjustor who is working out of 19 their home, whatever impression you get from the phone call? 20 A You call whatever phone number you receive. 21 Q How do you get phone numbers or contact 22 information? 23 A sometimes they give you as the phone number to 24 call to cont act the local office instead of call the 1-800 25 number, and in many occasions they do that. APEX Reporting Service 13 1 Q The "they" that gives you the information is the 2 person that is involved in the accident or -- 3 A No. Erie Insurance. In many occasions they give 4 a local phone number and then you come to find out that is 5 just an adjustor that have nothing to do with the case. Then 6 we apologize. Then we call the 800 number and get back on 7 track. 8 Q Is it a policy of capital City cab if a driver, a 9 leasee driver, is involved in an accident, for them to get 10 insurance information from the other person in the accident? 11 A Yes. 12 Q Are they supposed to write down the insurance 13 company, policy number? what is the general instructions that 14 you give? 15 A Yes, they are supposed to get all of the 16 information if they are involved in an accident, yes. 17 Q Then once your leasee driver gets that 18 information, do they give it to you or do they give -- or did 19 they give that to Linda? 20 A To Linda. 21 q Then Linda would get the file together and start 22 with the claims process. 23 A Yes. we have our insurance company that needs to 24 be informed to. 25 Q Who was your insurance company? APEX Reporting Service 14 1 A Depends when. we change insurance companies too. 2 Q Do you know who that would have been in 2006? 3 A Not offhand. 4 Q who have you had in the past as insurance 5 companies, if you remember any names? 6 A American Country, North America Specialty, First 7 Keystone. we have quite -- I don't remember. Risk, another 8 one. 9 Q Have you ever had trouble with Erie Insurance in 10 the past on other claims? 11 A Not to my knowledge. All insurance companies, 12 when they w ant to pay out, they are very slow and we wait 13 until almos t the last minute to file at the district justice, 14 because to me the statute of limitation -- but, yes, insurance 15 company hav e the tendency to neglect their part. 16 Q would you have any knowledge of how the amount of 17 damages cla imed in the Complaint was reached? 18 A It's usually the -- I don't know in this case, 19 but usually when the down time, the transfer of equipment, the ZO total value of the vehicle, all of these components make the 21 total. 22 Q It says in the complaint that the vehicle was 23 totaled. 24 A Total loss? 25 Q Right. APEX Reporting Service 15 1 A Probably total loss. 2 Q If you have any specific recollection of the car 3 that was involved here -- 4 A I really don't know what we are talking about. 5 Q okay. 6 A I don't. 7 Q How many accidents would you say leasee drivers 8 get in i n about a year, if you can guess. 9 A Quite a bit. I'd say 70 percent of them are not 10 our faul t, but being there is -- z guess we are accessible. 11 Q whenever a vehicle is a total loss, do you find 12 a replacement vehicle for it? Do .you salvage it? what is 13 usually done whenever the vehicles are totaled? 14 A It depends. If it's a total loss, then it will 15 be sitti ng for too long, and we have to pay storage on it, 16 then we need to get rid of it as soon as we can. sometimes we 17 sell it for parts. Sometimes we just take it to the junk 18 yard. 19 Q But whenever you say a vehicle is a total loss, 20 it`s not repairable. 21 A Not repairable, correct, or it cost too much 22 money to repair. 23 q Right. 24 A More than what the value would be. 25 Q If there is a claim file back at the office on APEX Reporting Service 16 1 this accident, would you be able to locate that file? ~ A Yes. 3 Q If a police report is made on an accident, is 4 that something that is typically put in the claims file? S A It's supposed to, but if that claim is too old, 6 then you know what happens to claims that they are old. Then 7 you might find some documents on them. 8 Q Is it something that you tell your drivers, 9 always get the police involved, file a police report? 10 A Mainly, yes, but on various occasions no, and 11 then, the last couple years, Harrisburg police are very 12 reluctant to come to an accident scene. They say exchange 13 information. 14 Q Would there be any special file created or any 15 documentation if a driver were to get injured in an accident 16 on the job? 17 A If the driver gets injured? 18 Q Yes. 19 A Not specific file, but it would be in the file. 2D Q would that be something that would be in the 21 claims file or somewhere else? 22 A All of this have to do with claims. 23 Q Y know we have been over this, but if you have 24 any specific recollection of a driver being injured in an 25 accident -- APEX Reporting Service 17 1 A No, I don't. I don't even recall -- Y don't know 2 what we are talking about. Honest. I don't know. I need to 3 go back and dig. when did this occur? How long ago? 4 Q Well, there is no date on the Complaint of when 5 the acci dent occurred, but the complaint was first filed on 6 May 18th, 2006. 7 A May 18th. That means two years prior to that, 8 Q Yeah. 9 A So I don't really remember. 10 Q The accident, you are guessing, probably happened 11 sometime between 2004 and 2006? 12 A Right. 13 what make a different is Puc requirement for us 14 to keep the documentation just for two years and sometimes we 15 get rid of -- not intentionally -- get rid of the wrong file 16 because of that requirement. 17 Q whenever there is an accident involving one of 18 your cab s, do you have to make a report to the Puc? 19 A No. 20 Q Are each of your vehicles separately licensed 21 with the Puc or is just the whole company licensed with the 22 PUC? 23 A well, we have a certificate of convenience from 24 the Puc and the taxi cabs are licensed by Penn~oT with the Puc 25 authoriz ation. APEX Reporting Service 18 1 2 3 4 5 6 7 8 9 10 11 I, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So would Penn~oT separately license each vehicle or -- A Yes. Q If you remember, did anybody at Erie take your statement regarding this accident? A Not to my -- I don't recall, no. MS. SNOVER: I don't think I have anything else. Thank you. (The deposition was concluded at 10:30 a.m.) x ~r x ~: APEX Reporting Service 19 1 2 3 4 5 6 7 8 9 10 11 i 12 ~ 13 'I 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; That said deposition was taken before me at the time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. T further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. APEX Reporting Service m >c s i N ~GOhJ1MONVyEALTH OF PENN3YLI~ANIA .. ' . •' ,, _ CO U --- ...:. - - . NTY OF: ' DA. -~ ~. an tSa. _ G,~..~ , . PLAiNTtt=F: tdAM'c and ADnRESS ~.`'~ ~~~;` ~~_.~12--1,Q3~~ ~, ~~. ~ 1-~~p(fa~ Cray CAb ~ervice~ „-1 .'~: JO~I~PH,~ 30 ~ 3Ga`i Sotr~. Q~t~on-t ~sJf', '. ,~ ~•-r~:'~4-~N. - FROZ'F!.' .STRE?~.' ~ L `~ter~ton ~ 1 ll` iZ 113 J 1 ~'~ r: .'. •. 17~0~-QQQ© DI=FEPtDAtdT: #Z ' wu~anaaoo~ss ~ ~ ~: .,~ ,,.. ~~r,e-`~7~.7) 255-1355 ~ S~'eV~n ~/Je~et` ~ ~_ ~~q N~~ht~-~dS-~ ~_ ~ Stt:eltor QPr i?ilk ~ . , ~~. L J it ~: , _ ' _ Docket No.. C.V I Si; S `^ s~ i _s ^' ~ ~ Date Flied: ~ ~ • J--_ $ r~ :~~ . ~ . - _ ,... AMOUNT GATE PAID `~ ~ ;; Ikfexiant # 2 • ,~, ~ G COSTS ; ~ / i i~lfl I11Slffa1'1C2 . ,$ SER1~tCE CASTS $' ~ .. / .. ~ ~~ $tsi.rtesS C`siter , CONSTA13t.E ED. $ i / P 0 EaQC 20].3 , - _ ~:.-~~~'~. :.._~::.. S' l!S'1 ~t6 ~Nbchnicsburg, PA 17055 ~` ' . TO THE DEFENDANT: Tice above named plaintiff(s) asks judgment against you #or $~ together with "~~~ '' ` ~ costs upon the following claim•~(Civil fines must include citation of'the statute or.ordinance . ~.~ ,violated): - , ~' ~; ; ~ ~s -.~ i ;~ 1 1 seven ~1 eb ~r W ~ 5 i1,c~~i 1r~en~' t r~, ~2 ~a,~ s~ Cj ~ l4 ~Cc iae~ h ~ ~ • ., ~~ ~- ~~ (.Uhich,~v€~C avr Vel~~c I,e L(>2 ,Af~e Sre~irl.~T ~~~ -' ~•: ,4.~ ,^_~; QUA Lv55e5, .~ ~ 1~~ 1st /31ce~•K Q ~' Sav~, ^~ • ~~5~ , ~~~ 't. ~ .,, ~ ~? 1, _` " ~ ,;C.~+c~ ~~'~~ verify #hat the facts set forth in thls,complairrt are true and Correct to the hest of my knowledge; information. arui belief. Th[s statemsrrt is made subject to the per:alties o-f , $edion 4904 of the Crime~•Cocle (i8 PA. C.S. g 4904) related to unswom falsification to authorities. ,, At~mey- _~ .~d,~rio p~l , ~L~ L~ ~°~ ~ Address: ~"~ ~ •' ~2Atji. ~a ~L° t1 `=r'-i~ P ~~'C K"'{ ;etepnone: - e7 ! '] . ~~? ~-928 ~ - -•~'r.yie~ ~7-~.~Z~•• .{ . ~IF YOU INTEND TO ENTER A•DEFENSE TD PHIS COMPLAIN', YOU SHOULD SO f~OTIFY THIS OFF[GE IMl1~EDlAT~L~C " "~ SAT THE ABODE TELEPHONE NiJNIt3ER. YOU MUST A~PPEAFt AT THE HEARING AND PRESENT YOUR i]EFENSE. ~~UNLES9 YOGI ©O aUDGMENi` MAY BE ENTERED AGAI~tST YOU BY DEFAULT.. . , , ~_~ t~. .,~ if you have a claim against the plaintiff which is within district justice jurisdiction and W#~ich you intend to assert at•the hearing, you must fine.it on a complaint form ~at this offios at least eve days before -the date set #or the hearing ~ .. . If you are disabled and requtr~ a r~t~~{e.ai~tnmodatlon to gain access to ijte Magisterial DisixiEt • • .~_ urn artdrrts~seivlces, please contact ihs Magts#~tal Dlstrlct,Court at the ~$c,ra aeidress.Qr. • .. . .. _ - ~ u e oo pro a transpor'~ioi~. • : . . AOPC 308A-02 :' ,~., --, ~ ~~- =~a ~° -rt Y S ~ 1 ~~ ~~ .y ..~ ~G t_> 1 2 3 4 5 6 7 8 9 10 11 12 ~I 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY SERVICE, CIVIL ACTION - LAW Plaintiff No. 07-4944 Civil Term v. . ERIE INSURANCE COMPANY Defendants oral Deposition of LINDA BELLE DATE: Monday, .7anuary 28, 2008 TIME: 10:58 a.m. PLACE: 301 Market Street Lemoyne, Pennsylvania TAKEN BY: Defendant APEX REPORTING SERVICE By: Sharon L. Dougherty P. 0. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 UilIGIIVNL APEX Reporting Service 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: For the Plaintiff: 705EPH T. SUCEC, ESQUIRE 325 Peach Glen-Idaville Road Gardners, PA 17324 For the Defendants: ELIZABETH D. SNOVER, ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P. o. Box 109 Lemoyne, PA 17043-0109 Witness LINDA BELLE Examination by: Ms. Snover Exhibits (None) I N D E X Page No. 3 APEX Reporting Service 3 1 P R O C E E D I N G S 2 3 S T I P U L A T I O N 4 It is hereby stipulated by and between counsel for the 5 respective parties that signing, sealing, certifying, and 6 filing are hereby waived, and that all objections, except to 7 the form of the question, are reserved to the time of trial. 8 LINDA BELLE, 9 having been sworn, testified as follows: 10 11 EXAMINATION 12 BY MR. SNOVER: 13 q Ms. Belle, have you ever given a deposition 14 before? 15 A No. 16 Q I will give you some instructions just as a 17 general guide. This is really just a question-and-answer 18 session. I will ask you some questions and you will give me 19 the answers and the court reporter will take everything that 20 we say down. 21 So because there is a court reporter taking it 22 all down, I need you to keep your answers verbal. shaking of 23 the head or nodding of the head is not really going to 24 register for the court reporter. 25 APEX Reporting Service 4 1 A Yes. 2 Q Keep your answers verbal. Also wait until I am 3 done asking a question before you start answering so that we 4 are not speaking over each. 5 If you don't understand a question or you need me 6 to rephrase, just ask me. I will be happy to. 7 I don't anticipate this taking very long, but if 8 you need a break, let me know and we can take a break at 9 anytime. 10 You are not a party to this case. so what I 11 usually do is z give the option of whether or not you want to 12 read and sign the transcript. 13 we have already agreed to what is called the 14 usual stipulations, but since you are not a party, you have 15 the option of, after the court reporter takes down all of the 16 testimony today, she can, if you want to, send you a copy of 17 the typed up transcript. You can go ahead and review all of 18 your answers and make sure there weren't any typos that the 19 court reporter didn't mishear or anything. You really can't 20 change the substance of your testimony. lust making sure that 21 everything was accurately put down. 22 Then you would sign it and send it back to her 23 and then she would send out the transcripts to everybody. 24 You can do that if you'd like to. some people 25 think it's a hassle and not really worth it. so they don't do APEX Reporting Service 5 1 it. So it's up to you. 2 Is that something you would like to do today? 3 MR. SUCEC: I would like to reserve the right, 4 but for the moment, no. That is probably the best way to do 5 it. It depends on how this goes. 6 BY MS. SNOVER: 7 Q ~o you have any questions for me before we get $ started? 9 A NO. 10 Q Ms. Belle, the reason why we have subpoenaed you 11 here today is, I represent Erie Insurance Group. My name is 12 Elizabeth Snover. Erie Insurance has been sued by capital 13 city Cab related to an automobile accident. 14 You are actually listed on the Complaint in that 15 case as the signatory, and your name has also been mentioned 16 in certain pleadings, and that is why we were alerted to you 17 maybe having some information for us in this case. 18 A okay. 19 Q I am going to show you what we have already 20 marked as o-1, just for your reference there, to give you some 21 background about the particular case that we are interested 22 in. 23 Ms. Belle, when did you start working for Capital 24 City Cab? 25 A I think it was 2001 or 2002. APEX Reporting Service 6 1 Q when did you leave? 2 A About eight months ago. 3 q what was your position at Capital city Cab? 4 A when I left I was manager. 5 Q What would be your duties as a manager? 6 A collect leases, oversee the drivers, file claims, 7 do billing. 8 q during your time between 2001 and around 2007, 9 were you al ways assigned those duties? 10 A No. 11 q In 2006, would it have been your responsibility 12 to oversee claims? 13 A Yes. 14 Q z have shown you what we marked as ~-l, and that 15 is a Compla int that I got from District justice Solomon's 16 office. If you look at the Complaint in the upper right-hand 17 corner, we have capital city Cab v. Steven weber as the first 18 defendant, and then the second defendant is Erie Insurance 19 Group. 20 It states that the complaint was filed on 21 May 18th, 2 006. 22 ~o you have any specific recollection of filing 23 this compla int or seeing this paper before? 24 A Yeah, I filed this. 25 Q That would have been a part of your duties as the APEX Reporting Service 1 person in charge of claims? 2 A Yes. 3 Q Typically whenever a district justice action 4 complaint gets filed, is it you that fills out the Complaint? 5 A Yes. 6 Q Then you are the one that would file it with the 7 correct district justice? 8 A Yes. 9 Q I know that on the upper right-hand corner it 10 says that the date the complaint was filed was May 18th, 2006, 11 but if you look down at the left-hand side, sort of towards 12 the bottom, it says reinstated August 15th, 2006. 13 I will represent to you that I went through and I 14 looked at the file with the district justice office, and 15 whenever this Complaint was initially filed in May, only 16 Steven weber was listed as a defendant. 17 Then later whenever the Complaint was reinstated 18 in August of 2006, Erie Insurance was added as a defendant. 19 so that is why the Complaint looks the way that it does. That 20 is what I found by looking at the docket. 21 ~o you have any recollection of filing that first 22 Complaint in May of 2006 against Steven weber? 23 A I don't remember, but -- it's my handwriting. So 24 I must have filed it. 25 Q ~o you remember any details about the accident APEX Reporting Service 8 1 that is described in this Complaint? Z A NO. 3 Q so would you know the date of the accident, when 4 that occurred? 5 A No. 6 Q Do you remember having this Complaint reinstated? 7 A Honestly, no. $ Q so you don't remember adding Erie Insurance as a 9 defendant? 10 A No, I don't remember. I mean, if -- I have done 11 it because it 's here, but I don't remember because I took care 12 of many diffe rent cases. 13 Q Sure. 14 A And I haven't been there in the last eight 15 months. so I don't remember any of it. 16 Q That is okay. ]ust what you remember. 17 Do you have any recollection why Erie Insurance 18 would have be en added? was Erie Insurance involved in the 19 accident, an employee maybe was driving a car, or was it 20 because Erie Insurance was an insured? They were the 21 insurance com pany for Mr. Weber or somebody else? 22 A Honestly, I don't remember. 23 Q In your work as the person in charge of claims, 24 is it typical in an automobile accident to sue an insurance 25 company, list an insurance company as a defendant? Is that APEX Reporting Service 9 1 something you would normally do? ~ A Sometimes. 3 Q when would that sometimes happen? what 4 circumstances would prompt you to do that? 5 A If they deny the claim. 6 Q ~o you have any recollection of Erie denying the 7 claim related to this accident? $ A NO. 9 Q oo you remember who was driving the cab involved 10 in the acci dent? 11 A I would have to look at the file. 12 Q ~o you have any memory of there being a police 13 report for this accident? 14 A Nine chances out of ten there was a police 15 report. 16 Q It says in the Complaint that the vehicle was 17 totaled and that you were seeking the loss there. ~o you 18 remember th e vehicle being totaled in the accident? 19 A Yeah. 20 Q ~o you remember what kind of vehicle it was? 21 A I am not sure if that was the Ford Taurus or 22 Sable. I'm not sure. 23 Q .lust what you remember. I understand it's been a 24 long time. If you would know the model year of the vehicle, 25 if you can remember? APEX Reporting Service 10 1 A No. Not without a file. 2 Q It was your responsibility at Capital City Cab to 3 create a claims file for each accident. Is that a fair 4 statemen t? 5 A Uh-huh. Yes. 6 Q so more likely than not there is a claim file for 7 this cla im. 8 A If there -- I mean, I couldn't tell you now. I 9 haven't been there in eight months. Y don't know what they do 10 now. 11 q But you were there whenever this Complaint was 12 filed in May of 2006. 13 A Yes. 14 Q So if you remember, was there a claim file that 15 you made regarding this accident? 16 A judgment file, yes. 17 q How long does capital City Cab keep claim files? 18 A until the statute runs out and then we discard 19 them, or unless there is a judgment. We keep the judgment. 20 Q whenever you create the claim file for the 21 Complaint, do you usually speak to the driver about what 22 happened in the accident? 23 A Yes. 24 Q Do you remember speaking to the driver about this 25 I accident? APEX Reporting Service 11 1 A I am not even sure which accident this is. 2 Q whenever a driver provides you with information 3 about the accident, is it typical for them to give you the 4 name and address of the other person involved in the accident? 5 A Yes. 6 Q Is it the policy of Capital City Cab to get that 7 name and address information? 8 A Yes. 9 Q Is it also something that Capital city encourages 10 their dri vers to do -- 11 A Yes. 12 Q -- to call the police and get a police report? 13 A If they don't call the police, then Capital cab 14 calls the police, if they can't. 15 Q Is it also encouraged for drivers to get 16 insurance information of the other person involved in the 17 accident? 18 A Yes. 19 Q You may or may not have the specific 20 recollection, and that is really what I am interested in, but 21 is it safe to say that since Erie Insurance was added, that 22 that information was obtained somehow by the driver in the 23 accident, whether it was the policy or another person that was 24 involved in the accident? 25 A I really couldn't tell you right now. APEX Reporting Service 12 1 Q But typically if an insurance company is involved 2 on a complaint, is that because that is who the other driver 3 said they were insured with? 4 A Yes. 5 q ~o you have any recollection of how the damage 6 amount of $5,695 was calculated? 7 A Total loss of the car, equipment change, the $ lettering. 9 Q What is lettering? 10 A The lettering of the vehicle. 11 Q what is that, the Capital City Cab sign on the 12 outside? 13 A Yeah, the logos. 14 Q How many claims would you say you would handle 15 for Capital City Cab in a year or a month, or how many are you 16 generally juggling for them? 17 A It's hard to say. Maybe at least 20 or more 18 sometimes. Depends on the accident. 19 Q whenever a complaint is filed down at the 20 district j ustice office, is it your responsibility to show up 21 for the ca b company and testify? 22 A Yes. 23 Q when is it that the Capital City Cab attorney 24 would be c alled in to assist you at the ~~ hearings? Is that 25 something that is always done or does it depend upon the case? APEX Reporting Service 13 1 A Depends upon the case. Sometimes we would need 2 him, sometimes we wouldn't. 3 Q Is it typical that you would list the attorney on 4 the complaints? 5 A Yes. 6 Q so that is not necessarily an indication of 7 whether or no t the attorney would be at the hearing. 8 A Right. 9 q what kind of evidence do you usually present on 10 behalf of the cab company of these hearings? 11 A It depends on the accident and -- honestly, I 12 haven't been to any, not yet. 13 q You never had to go to a hearing? 14 A No. 15 Q Is that just because usually the claims don't get 16 to a hearing? 17 A Right. 18 Q Is that because they are either settled or you 19 get a default judgment? 20 A A lot of them are settled right out of court. 21 Q ~o you remember trying to contact somebody from 22 Erie Insurance regarding this claim? If you remember. 23 A No. I mean, I contact a lot of people, but I'm 24 not sure exactly who now. 25 Q In the Answer that was filed to our petition, it APEX Reporting Service 14 1 was said by Mr. sucec that both you and Mr. Salam made several 2 attempts to contact Erie Insurance but you were told that 3 either s omebody wasn't available to handle the issue or you 4 should l eave a message. Is that something that rings a bell 5 with you regarding this claim? 6 q I am not sure if it was about that claim, but it 7 has happ ened. 8 Q whenever you contact Erie Insurance about a 9 claim, w ho do you call or who do you contact? 10 q we call the claims department. 11 Q That is in Mechanicsburg? 12 q No, it's -- I'm not sure exactly where they are 13 at. It' s a 1-800 number. 14 Q Then you speak to somebody in claims? 15 q well, you tell them what happened and they give 16 you a cl aim number. Then you always got to call somebody 17 else. 18 Q That somebody else that you have to call -- 19 q would be a claim adjustor or something. 20 Q So those attempts are made prior to filing the 21 district justice action or after? 22 q Before. 23 Q so is it a fair statement to say that if those 24 efforts to settle the claim don't work out, then you do the 25 district justice action? APEX Reporting Service 15 1 A Yes. 2 Q Do you remember getting default judgments against 3 Erie in oth er cases? Is that something that was typical or 4 out of the ordinary? 5 A No, this is the first time I heard of anything. 6 Q How do you usually effectuate service of the 7 district ju stice complaints on defendants? Constable? $ certified m ail? what is your -- 9 A constable. 10 Q ~o you have any specific recollection of how Erie 11 was served in this case? 12 A If it was local, it was constable. 13 Q Do you remember making any attempts to contact 14 steven webe r regarding this case? zs he somebody that sticks 15 out in your mind? 16 A No. 17 Q There is nothing about, after you look over the 18 Complaint, that jogs your memory about the specific story 19 behind this case, even with the totaled vehicle? 20 A No, I don't remember. 21 Q This complaint was initially filed in May of 22 2006. ~o y ou have any recollection or can you tell based upon 23 your normal practices when the accident may have occurred? ~o 24 you usually -- the accident occurred and you take a couple 25 I months to try to get it settled before you do the district APEX Reporting Service 16 1 justice or -- 2 A This is before -- maybe about three or four 3 months before the statute of limitation runs out, if we can't 4 get it settle d within the two years. 5 q I realize that you don't have any specific 6 recollection of the date of the accident here, but it could 7 have been an instance where the accident happened in 2004 and $ the statute w as about to run, so the complaint was filed in 9 2006? 10 A I'm not really sure without the file. 11 Q Is it typical to file a district justice action 12 after an acci dent promptly within, you know, a year after the 13 accident or a couple of months? 14 A No. we try to settle first. 15 Q You usually try to take the full -- or almost 16 those two yea rs to get that done? 17 A unless we -- I mean, unless there is -- that they 18 really fight, you know. 19 Q what would happen if you would get a denial, a 20 quick denial? Is that an instance where you might file a 21 district just ice action? 22 A I don't remember that happening. I don't 23 remember one like that. 24 Q You don't remember having any insurance company 25 just deny the claim outright? APEX Reporting Service 17 1 A No. 2 Q After default judgment is entered against a 3 defendant or an insurance company, do you still make efforts 4 to settle or do you basically cut off contact with the S insurance company and let the sheriff or whomever try to 6 collect th at? what is the usual procedure for that? 7 A usually file judgment. 8 Q Then do you try to get the defendant to pay the 9 judgment d irectly by contacting them directly or do you just 10 send the s heriff? 11 A No. we file judgment and send it to the sheriff. 12 q So once it gets to the point of no return, so to 13 speak, whe n you get a judgment, you just get the sheriff? 14 A Yes. 15 Q oo you remember dealing with anybody at Erie 16 Insurance, any specific individual that you liked to deal with 17 over there by doing the claims work with Capital city cab, any 1$ names that stick out? 19 A No. 20 Q You were generally assigned to a random person 21 and you tr y to work with them? 22 A Yes. 23 q so no specific contact over there. 24 A No. 25 Q Do you have any recollection of whom you might APEX Reporting Service 18 1 have spoke with about this particular case over there? 2 A NO. 3 Q yid anybody else at Capital City Cab help you 4 handle the c laims or did you just handle them on your own? 5 A No, I did them. 6 Q oo you remember who Capital city cab's insurance 7 company, the company, the actual company would have been in S 2006, if you remember? 9 A I'm not sure. No. 10 Q ~o you remember any companies that they worked 11 with in the past? 12 A As far as our insurance company? 13 Q Yeah. Exactly. 14 A First Keystone. They are the only ones I really 15 remember. 16 Q Is it typical after an accident like the one 17 described in the complaint that you would submit a claim also 18 to your own insurance company? 19 A Depending on the accident, if it was our fault or 20 not. 21 Q would you ever file a district justice complaint 22 if you thoug ht the accident was your fault or capital city 23 Cab's fault? 24 A No. 25 Q So more likely than not, given the past history, APEX Reporting Service ' 19 1 there was a claim submitted to capital City's insurance 2 company related to this accident? 3 A No. No, I'm not sure. I am not sure what you 4 mean there. 5 Q well, if you filed a complaint because you were 6 seeking recovery, it says here that Steven weber was the one 7 who was negligent, not the Capital City Cab driver. $ A Right. 9 Q Would it have been typical under those type of 10 situations to submit a claim to capital city Cab's own 11 insurance company and then also try to recover from -- 12 A No. Not if it's not our fault. 13 Q so only if it's your fault then you give the 14 information to Capital city cab's insurance company. 15 A Right. 16 Q If the car was a total loss and it couldn't be 17 used anymore, would you have to fill out some paperwork with 18 PennDOT or with the PUC letting them know that that car was no 19 longer in service? Zo A PennDOT, we have to take it off the -- what do 21 they call that -- they say a name for a list. 22 Q what kind of list would that be? lust a list of 23 the vehicles in use? 24 A I can't think -- 25 MR. SUCEC: Are you talking about the APEX Reporting Service I I i lj 2II 3 I 4'~ 51 6 71 8' 9 10 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 20 registration perhaps? THE WITNESS: Well, yeah, but they use a different name. But it's basically the same thing. It's when we renew the tags, there is a vehicle list. we would have to take that off because otherwise it would still show on there. BY MR. SNOVER: Q Because you don't need to have it registered if it's not running. A Right Q Yes. It saves confusion too. A From year to year, I don't need this one, you know. q ~o you have any recollection of what happened to the vehicle -- I think you said it may have been a Taurus that was involved in the accident. would it have been salvaged? ~o you remember what might have happened to it? A No. I am not sure if it was still -- I'm not sure if it was still in salvage or if we scrapped it. Q Is it usual whenever you fill out the complaint form with the district justice that you don't include the date of the accident on the form? A No, usually I do. q ~o you have any recollection of why you might have left it off in this case? A No. I might have been really swamped with doing APEX Reporting Service ' 21 1 quite a few of them at that time. 2 M5. SNOVER: T don't think I have anything else 3 for you, Ms. Belle. Thank you for showing up today. 4 (The deposition was concluded at 11:29 a.m.) 5 ~ ~ ~ ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APEX Reporting Service 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; That said deposition was taken before me at the time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. I further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. APEX Reporting Service n~ ~ „,,, ~ -~ lJ ` _ .~ ~ 4! .. ~' ' _~ l "~ CAPITAL CITY CAB IN THE COURT OF COMMON PLEAS OF SERVICE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW ERIE INSURANCE COMPANY, Defendant NO. 07-4944 CIVIL TERM IN RE: DEFENDANT ERIE INSURANCE COMPANY'S PETITION TO OPEN DEFAULT JUDGMENT AND STAY EXECUTION BEFORE OLER, J. ORDER OF COURT AND NOW, this 12`" day of March, 2008, upon consideration of Defendant Erie Insurance Company's Petition To Open Default Judgment and Stay Execution, following oral argument and a thorough review of the record, the petition is denied and the stay of execution provided for in the order of court dated September 24, 2007, is vacated. "Joseph T. Sucec, Esq. 325 Peach Glen-Idaville Road Gardners, PA 17324 Attorney for Plaintiff / Jefferson J. Shipman, Esq. Elizabeth D. Snover, Esq. 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0109 Attorney for Defendant eo ~ ~ ~.~ t ~~.~ 3~~~.~og -~i'1 BY THE COURT, t ra ~ st~~~ t`, r ~ J'f , ` ~''` _ ~~~ ~. {1 i.iVJ.Uiili..'i ~ t ~; L t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, plaintiff V. no. 07-4944 CIVIL TERM ERIE INSURANCE GROUP, defendant CIVIL ACTION -LAW PRAECYPE TO MARK CLOSED To the prothonotary: p~ti5y4 ol,vlt~ Kindly mark as closed the matter at , as the matter has been agreed to and fully satisfied~by the~~arties. The reqquisite a has been paid at the time of filing. Thank you. ,~~vt L('n~ed d- endec,~ ~ 71~~ ~~ se h T. Sucec, Esq. (PA74482) 25 Peach Glen-Idaville Road Gardners, PA 17324 (717)677-9284 cell: (717)315-2359....:. ~, ~ -~ ~, AFFIDAVIT OF VERIFICATION As a named party or representative thereof in the foregoing matter, I swear that the facts above set forth are true and correct to the best of my knowledge, information and belief. I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsi- fication to authorities as set forth at 52 Pa. Code 1.36. Date ~` ~~ ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL CITY CAB SERVICE, plaintiff V. no. 07-4944 CIVIL TERM ERIE INSURANCE GROUP, defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE On this~~l~lday July, 2008, I hereby certify that I served, by first-class mail, a true and correct copy of Plaintiff s Praecipe to Mark Closed on the following: Jefferson J. Shipman, Esq. Elizabeth Snover, Esq. 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 {.. w zit, i «4y.» .~Na' I ~ j e __, . r•' fy _..: yn .~ F ~. . F'