Loading...
HomeMy WebLinkAbout07-5452 swARTZ caMPBELL LLc By: DAVID A. DuBOIS, ESQUIRE Attorney ID No.: 200762 Two Liberty Place 50 S. 16~' Street, Floor 28 Philadelphia, PA 19102 (215) 299-4338 ATTORNEY FOR PLAINTIFFS UNIVERSAL UNDERWRITERS GROUP, as subrogee of FREYSINGER PONTIAC GMC BUICK, INC. P.O. Box 29195 Shawnee Mission, KS 66201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY and FREYSINGER PONTIAC GMC BUICK, INC.: CIVIL ACTION -LAW 6251 Carlisle Pike Mechanicsburg, PA 17050 Plaintiffs v. No•: Orf - 5'f5a (,~ivi 1 TrM ASHLEE LYN BALL . 330 Federal Street . Camden, NJ 08103 Defendant PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiffs, Universal Underwriters Group, as subrogee of Freysinger Pontiac GMC Buick, Inc., and Freysinger Pontiac GMC Buick, Inc., and against Defendant, Ashlee Lyn Ball, in the amount of $3,588.00, in accordance with the judgment entered against Defendant in Magisterial District Court 09-3-05 on May 25, 2007, a certified copy of which is attached hereto. SWARTZ CAMPBELL LLC Dated: ~-`" Ol By: David A. ois, Esquire Attorney for Plaintiffs SWART2 CAMPBELL LLC ATTORNEYS AT LAW r SWARTZ CAMPBELL LLC By: DAVID A. DuBOiS, ESQUIRE Attorney ID No.: 200762 Two Liberty Place 50 S. 16~' Street, Floor 28 Philadelphia, PA 19102 (215) 299-4338 ATTORNEY FOR PLAINTIFFS UNIVERSAL UNDERWRITERS GROUP, COURT OF COMMON PLEAS as subrogee of FREYSINGER PONTIAC OF CUMBERLAND COUNTY GMC BUICK, INC. P.O. Box 29195 Shawnee Mission, KS 66201 and FREYSINGER PONTIAC GMC BUICK, INC.: 6251 Carlisle Pike Mechanicsburg, PA 17050 Plaintiffs v. ASHLEE LYN BALL 330 Federal Street Camden, NJ 08103 CIVIL ACTION -LAW No.. Defendant CERTIFICATE OF SERVICE I, DAVID A. DuBOIS, ESQUIRE, Attorney for Plaintiffs, hereby certify that a true and correct copy of the foregroing Praecipe to Enter Judgment was served via first- class United States mail, postage prepaid, on the date listed below upon the following: Ashlee Lyn Ball c/o Edna Mahan Correctional Facility for Women P.O. Box 4004 Clinton, NJ 08809 SWARTZ CAMPBELL LLC Dated: ~-~ ~ By: David A. is, Esquire Attorney for Plaintiffs SWARTZ CAMPBELL LLC AT.TORN EVS AT LAW A ~: ~ COMMONWEALTH OF PENN~ANIA `` - ~' COUNTY OF: CDi11~ERI~ Mag. Dist. No.: 09-3-05 MDJ Name: Hon. 1LART. 1111ARTI1~ Address: 507 ~ YOR~ ST ][BCHANICSBDR(~, PA Telephone: (717) 766-4575 17055 ATTORMS7[ FOR PLAIlIITIFF DAVID A. DDBOIS 50 S 16TH STR$ST APT/STB 28 PHILADELPHIA , PA 19102 NOTICE O~UD CM S T/TRANSCRIPT L VIL A E VIL CASE PLAINTIFF: oaess PLAINTIFF: NAME and ADDRESS ~msv mm~sa aar-rxais~amt rr a[i rv>drly IIIImRi1RTR 6RP - FREYSI~iGBR PT c~c~C PO BOZ 29195 PO HOZ 29195 8H,11~6 11I88IOH, =8 66201-9195 SHAtif8E8 1[ISSIO>eT, SS 66201-9195 VS. DEFENDANT: NAME and ADDRESS ra71LL, ASHLEE LYN ~ 3 3 0 FED>I{3t71L STREBT APT/ STS C/O CAIImE~I CTY CO>itRECT FACIL LCAl11m~I, IIIJ 08103 J Docket No.: CY-0000131-07 Date Filed: 4/19/07 THIS IS TO NOTIFY YOU THAT: Judgment: DSI~AOLT JQDGl~lflT PLTF (Date of Judgment) 5/25/07 Judgment was entered for: (Name) OI~IV IIlRDR11RTR (~}RP-FRHYSI11~fiER P ® Judgment was entered against: (Name) HALL, ASHLBE LYB in the amount of $ 3, 588.0 Defendants are jointly and severally liable. Damages wilt be assessed on Date & Time 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 Judgment Costs $ 3, 500.00 $ • Interest on Judgment $ Attorney Fees $ . 00 Total $ 3, 588.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Totat $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, 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 ~' COME FRONT THE COUFit OF CiJMMON PLEA$"AND NO FURTHER PROCESS~MA-Y BE ISSUED BY THE, MAGISTERIAL DISTF~~CT~JtID'EiE ' UNLESS THE JUDGMENT fS ENTERED IN TFlE COURT OF COMMON PLEAS,'ANYONE INTERESTED IN THEJUDGNIQNT' MAY FILE A REGIUEST FDR ENTRYOF SATISFACTION 1NITH THE'MAGISTERIAL DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, , °` SETTLES, OR OTHERWISE CONI}'+i~1~S WITH THE JUDGMENT. '- ,, .t ,,, ,,. ,. , ~. ; . , , >~- D~t~ °~ ~ ~ ~~ ~f/ _ AJtagls~eiial District Judge, ._~. ~= Ice: ify t of this: is. a true alnci-Cor °co y of the record o1'the proceedings ;containing the judgment. 0 Date ~ ,Magisterial District Judge My commission expires first Monday of January, 2.012 SEAL J AOPC 315-06 DATE PRI]~TBD: 5/25/07 10:27:00 Alit ~~~ . ~~' ... v ~~ ~ ~ ~_ ~' ~! Fa .~ ~ _ b ~ '~" ~ ~~ SWARTZ CAMPBELL LLC By: DAVID A. DuBOIS, ESQUIRE Attorney ID No.: 200762 Two Liberty Place 50 S. 16th Street, Floor 28 Philadelphia, PA 19102 (215) 299-4338 UNIVERSAL UNDERWRITERS GROUP, as subrogee of FREYSINGER PONTIAC GMC BUICK, INC. and FREYSINGER PONTIAC GMC BUICK, INC.: v. ASHLEE LYN BALL ATTORNEY FOR PLAINTIFFS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTiO1V' - Lr"-~~J~' No.: 07-5452 AFFIDAVIT DAVID A. DuBOIS, ESQUIRE, being duly sworn according to law, deposes and says as follows: 1. I am an associate with the law firm of Swartz Campbell LLC and am licensed to practice law in the Commonwealth of Pennsylvania. 2. We are counsel for Plaintiffs, Universal Underwriters Group and Freysinger Pontiac GMC Buick, and as such I am fully familiar with the facts of this proceeding. 3. Judgment in this case was entered in favor of Plaintiffs and against Defendant Ashley T.vn Ball on September 14, 2007 by the Court of Common Pleas of Cumberland County. 4. Pennsylvania law provides that "whenever any person fails within 60 days to satisfy any judgment arising from a motor vehicle accident, the judgment creditor may forward to the department a certified copy of the judgment". 75 Pa. C.S. §1771. 5. This judgment does not arise out of a motor vehicle collision. 6. This judgment arises out of Defendant's act of stealing a 2006 Hyundai Sonata owned by Freysinger and insured by Universal, and a $3,500.00 check drawn on Freysinger's account, which was done by providing SWART2 CAMP6ELL LLC ATTORNEYS AT LAW ~~ Freysinger with a 2006 Mitsubishi Eclipse which turned out to be stolen. See "Complaint", attached hereto as Exhibit "A". 7. The Commonwealth Court of Pennsylvania has held that "motor vehicle accident", as the term is used in the Pennsylvania Motor Vehicle Financial Responsibility Law, includes those situations in which the use or operation of a motor vehicle results in injury to persons or damage to property. See generally Smith v. Commw. of Pennsylvania, Dept. of Transportation, 892 A.2d 36 (Pa. Commw. 2005). 8. In this case, Defendant's use of a motor vehicle (the 2006 Mitsubishi Eclipse) resulted in damage to Freysinger's property, consisting of diminution of the value of the 2006 Hyundai Sonata and the loss of the $3,500.00 check drawn on Freysinger's account. 9. Therefore, this judgment arises out of a "motor vehicle accident" as the term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Law. SWARTZ CAMPBELL LLC Sworn d subscribed to befor me this ~~ day of ~:~'~-~t-t~~~~007. c By: NOT`J Y PUBLIC David A. D is, Esquire F,~ean McGovern, Notary Pnb~e d~".°~ ~~~. X11 SWARTZ CAMPBELL LLC ATTORNEYS AT LAW ._-_=~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No: 09-3-05 DJ Name: Honorable Mark W. Martin Address: ~ 507 N. York Street Mechanicsburg, PA 17055 Telephone: ~ 717-766-4575 AMOUNT DATE PAID FILING COSTS $ / / SERVING COSTS $ / / TOTAL $ 88.00 / / CIVII. COMPLAINT PLAI.ATTIFFS: UNIVERSAL UNDERWRITERS GROUP AS SUBROGEE OF FREYSINGER PONTIAC GMC BUICK, INC. P.O. BOX 29195 SHAWNEE MISSION, KS 66201-9195 AND FREYSINGER PONTIAC GMC BUICK, INC. 6251 CARLISLE PIKE MECHANICSBUR.G, PA 17050 VS. DEFENDANT: ASHLEE LYN BALL c/o CAMDEN COUNTY CORRECTIONAL FACILITY 330 FEDERAL STREET CAMDEN, NJ 08103 DOCKET NO: DATE FILED TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $3,500.00 together with costs upon the following claim (civil fines must include citation of the statute or ordinance violated): Plaintiff, Universal. Underwriters Group, insured Plaintiff Freysinger Pontiac GMC Buick, Inc., under a policy of business liability insurance. On or about August 18, 2006, Defendant entered into an agreement with Freysinger Pontiac to trade a 2006 Mitsubishi Eclipse fora 2006 Hyundai Sonata which was owned by Freysinger Pontiac. As the Sonata was worth more than the Eclipse, Freysinger Pontiac transferred title of the Sonata to Defendant (Exhibit "A"), and provided Defendant with a check for $3,500.00 (Exhibit "B").Plaintiff Freysinger Pontiac then took possession of the Eclipse. The Eclipse turned out to be stolen from another car dealership. Freysinger Pontiac was able to recover the Sonata, and submitted a claim to its insurance carrier, Universal, which has adjusted the claim and paid to or on behalf of its' insured the sum of $1,000.00, representing the total loss minus Freysinger Pontiac's $2,500.00 deductible. Freysinger Pontiac sustained the loss of its' $2,500.00 deductible. Defendant's actions constitute fraud and theft by deception upon Plaintiffs, for which claim is hereby made. I, DAVID A. DuBOIS, ESQUIRE, verify that the facts set forth in this co plaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties f~the Crimes Code (18PA.S. C.A § 4904) related to the unsworn falsifications to authorities. DAVID A. DuB I SQUIRE, Atty for Plaintiff PLAINTIFF'S ATTORNEY: DAVID A. DuBOIS, ESQUIRE ADDRESS: 50 S. 16TH STREET, FLOOR 28 SWARTZ CAMPBELL, LLC PHILADELPHIA, PA 19102 (215) 299-4338 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER, YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for hearing. If you have a claim against he plaintiffwhich is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-94 r~r~~ v ~ ~ r.a l m~. ~ ~ . c~ ~~~ ~ ~ a a ~ 1 J ~--,~- ~ -~ ~ ~ ~ , _ ~ r /'