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Home My WebLink About03-6600 ERIE INSURANCE EXCHANGE, as Subrogee of Edward J. Moran, III, Plaintiff v. Capital One Auto Finance, Defendant IN 1HE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. c>3-'(J.:D) civil PRAECIPE FOR WRIT OF SUMMONS TO TIlE PR01HONOTARY: Please initiate an action by Writ of Summons against Capital One Auto Finance at 3901 Dallas Parkway, PIano, Texas 75093. Date: December 23, 2003 104454.1 GOLDBERG,KA1ZMAN &SHIPMAN,P.C. By: (L~- Tho~renner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ~ tl:.:. .~ 1:" I--~ Ck "/"! <./J i;-':- ~- (::.::.2 C' -:::A 0-1 vI v. C\ .~ " --- ~ r-~ ., , '" , n , e ...., C:--' C::) ,..... C t ~i-~ c~ () -n ..... :!'~" I' 'r..:::: en C ~....,) C:", r', :;:-~ -"-' ?"') iT\ (.,) ,__"~c' ~ ' Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ERIE INSURANCE EXCHANGE, as Subrogee of Edward J. Morau, III Plaintiff Court of Common Pleas Vs. No. 03-6600 In CivilAction-Law CAPITAL ONE AUTO FINANCE 3901 DALLAS PARKWAY PLANO TX 75093 Defendant To CAPITAL ONE AUTO FINANCE: You are hereby notified that ERIE INSURANCE EXCHANE, as Subrogee of Edward J. Moan, III the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Dale DEEMBER 26, 2003 CURTIS R. LONG ::7J;jJ ~u Attorney: Name: THOMAS E BRENNER ESQ Address: POBOX 1268 HARRISBURG PA 171081268 Attorney for: Plaintiff Telephone: (717) 234-4161 Supreme Court ill No. 32085 ERIE INSURANCE EXCHANGE, as Subrogee of Edward J. Moran, III, IN TIlE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 03-6600 Civil v. Capital One Auto Finance, Defendant AFFIDAVIT OF SERVICE AND NOW, comes Plaintiff, Erie Insurance Exchange as subrogee of Edward]. Moran, III, who states: 1. The Writ of Summons in this matter was forwarded by certified mail, return receipt requested and received by Capital One Auto Finance in PIano, Texas on January 8, 2004, as reflected on the attached certified ma,il receipt. GOLDBERG, KATZMAN & SHIPMAN, P.e. By: ~ ,-,. (~ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: January 16, 2004 . Complete It8ms 1, 2, ond 3. AI80 complele 11Im 4 ff Reetric:Ied Delivery Is desll1Jd. . I'llnt your neme ond eddress on the reverse 10 that we can r&lum the cerd to you. . .-.act1thIs cerd to the back of ths meilplece, or on the front ff space permits. 1.__10: B. r-_) [:J Agent [:J c. Doto of ~ Capital One Auto finance 3901 Dallas Parkway PUno, TX 75093 D.Is~__Irom_l? [:JYss W YES, enter doII-r [:J No ",+:1'" o .~ '" 3. -Type t. lC Cer1Ifted Moil ,( [:J~ [:J 1_ MsII [:J c.o.b-:- 4. _ Dollvery? (&tro Fee) ...... [:JYss 2. _ Number ~from _k:e _. PS"'" 3811, August 2001 7002 2410 0001 2356 1246 Oome8tic Return Receipt 102595-02......1Cll!5 EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Capital One Auto Finance Attn: Faith Miller, Legal Department 3901 Dallas Parkway PIano, TX 75093 GOLDBERG, KATZMAN &SHIPMAN,P.C. BY: /1:~~~ --.. .....'. Thomas E. Brenner, Esquire Date: January 16, 2004 104454.1 .,. o ~ '-- r-~i :,,,..,., I...Cl r<l c:: Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg. P A 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as : IN 1HE COURT OF COMMON PLEAS Subrogee of EDWARD MORAN III, : CUMBERLAND Co., PENNSYLVANIA Plaintiff v. Capital One Auto Finance, : NO. 03-6600 Defendant NOTICE TO DEFEM'l YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a writtelll appearance personally or by attomey and ftlingin writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE 1HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW. 1HIS OFFICE CAN PROVIDE YOU WI1H INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, 1HISOFFICEMAYBE ABLE TO PROVIDE YOU WI1H INFORMATION ABOUT AGENCIES mAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUN1Y BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as : IN mE COURT OF COMMON PLEAS Subrogee of Edward Moran III, : CUMBERLAND CO., PENNSYLVANIA Plaintiff v. Capital One Auto Finance, : NO. 03-6600 Defendant COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance Exchange, as subrogee of Edward Moran, III, by it attorneys, Goldberg Katzman, P.c., who states: 1. Plaintiff, Erie Insurance Exchange, is a business entity authorized to issue policies of automobile insurance in the Commonwealth of Pennsylvania with offices at 4901Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Erie insures Edward Moran, III, an adult individual who resides at 165 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant is Capital One Auto Finance, a corporation doing business in the Commonwealth of Pennsyvlvania, including Cumbt~rland County, with a mailing address of 3901 Dallas Parkway, PIano, Texas 75093. 4. On or about December 27, 2001, Defendant wrongfully ordered the repossession of Edward Moran's 1999 Mercury Cougar. 5. In February of2002, the car was retumed to Edward Moran with extensive damage to the rear of the vehicle. COUNT 1- BAILMENT 6. Paragraphs 1 through 5 are incorporated by reference. 7. On or about December 27,2001, Defendant, through its agents, servants or employees, wrongfully took possession of Edward Moran's car. 8. The Defendant took possession of the vehicle with the express or implied requirement that the automobile be retumed to Edward Moran in the same condition as the vehicle was when Defendant took possession. This possession constituted a bailment. 9. The vehicle had no rear damage when Capital One took possession of it. 10. During the time Defendant wrongfully possessed the vehicle, it sustained rear end damage. 11. The damage was solely a result of Defendant's conduct or that of its agents or employees. 12. The actions of Defendant in the mishandling of the vehicle caused damages totaling $1,761.78. 13. Defendant's failure to retum the vehicle to Edward Moran, in the same condition as it was when Defendant took possession of it, has directly and proximately caused Plaintiff to suffer damages in the amount of$1,761.78. 2 14. As a result of these damages, Edward Moran, III presented a claim to Plaintiff. Erie has paid the claim and seeks recovery for the damages paid. WHEREFORE, Plaintiff demands judgment ~mst Defendant Capital One Auto Finance in the amount of $1,761.78, together with intf,rest and costs of suit. COUNT 11- NEGLIGENCE 15. Paragraphs 1-14 are incorporated by reference. 16. Defendant had a duty to prevent damage to Edward Moran's vehicle. 17. Defendant breached this duty by failing to prevent damage to Edward Moran's car. 18. Defendant was negligent in that it a. wrongfully ordered the repossession of Edward Moran's car; b. failed to take proper care of the Moran vehicle; c. failed to ensure that Defendant's ag~nts or employees handled the vehicle with care; and d. allowed the car to be negligently towed and stored, resulting in the damages set forth above. WHEREFORE" Plaintiff demands judgment against Defendant Capital One Auto Finance in the amount of $1,761. 78, together with interest and costs of suit. 3 By: Date: July 7, 2004 GOLDBERG KATZMAN, P.e. CC~~ Thomas E. Brenner, Esquire Attorney J.D. No. 32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234--4161 Attorneys for JPlaintiff 4 VERIFICATION ~\ ~Qr~ \ , hereby acknowledge that I am an authorized representative of Erie Insurance Exchange; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE B~\~tl Date: ~- ~-C}\ 111287.1 HARRISBUR\'S JUN 2811* CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Capital One Auto Finance 3901 Dallas Parkway PIano, TX 75093. GOLDBERG KATZMAN, P.e. Br([i Thomas E. Brenner, Esquire Date: July 7, 2004 110912.1 l) ~- ,. f~ :~:2 7 ~3 --. "., =., c:.~ ..c- '-- C:::'.: r-- , co C) -n :;1 fij :n ,-- urn :00 ell :~j Sd _~ ' I ;.j:~J .::..I~ (..sIn 3~ ~-< ~ - .. .c- w Thorn.. E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys fur Plaintiff ERIE INSURANCE EXCHANGE as : IN TIlE COURT OF COMMON PLEAS Subrogee of EDWARD MORAN III, : CUMBERLAND CO., PENNSYLVANIA Plaintiff v. Capital One Auto Finance, : NO. 03-6600 Defendant AFFIDAVIT OF SERVICE The Complaint was served upon the Defendant, Capital One Auto Finance, on July 10, 2004 as reflected by the certified mail receipt, attached hereto as Exhibit "A". GOLDBERG KATZMAN, P.c. By: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: July 19,2004 EXHIBIT ".A" CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Capital One Auto Finance 3901 Dallas Parkway Piano, TX 75093. By: Date: July 19, 2004 112057.1 ~C) ~~~2 L -~ S! o ~~ r',..) .~:> ~; , .-.," f~,? I'J Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harri,burg, P A 17108-1268 717-234-4161 Attorney' for Plaintiff ERIE INSURANCE EXCHANGE as : IN THE COURT OF COMMON PLEAS Subrogee of EDWARD MORAN III, : CUMBERLAND CO., PENNSYLVANIA Plaintiff v. Capital One Auto Finance, : NO. 03-6600 Defendant PRAECIPE TO DISCONTINUE Please mark this action settled and discontinued. By:\, GOLDBERG KATZMAN, P.e. /~ Ih~~ Thomas E. Brenner, Esquire Attorney 1.0. No. 32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: February 23, 2005 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons( s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Capital One Auto Finance c/o Alan S. Carpel, Esquire 1129 Spruce Street Philadelphia, PA 19107 GOLDBERG KATZMAN, P.e. .--"---." / r? . '--I--.. / [,Lv \ v" v' ,i'" ./"', By:~\../ ~kV\->--------- Thomas E. Brenner, Esquire Date: February 23, 2005 119041.1 .,-K'~_ :C; :::r::- ~ -Tl ("""I GS ...., V"\ ~ ..... cQ '^' u>