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HomeMy WebLinkAbout08-2569J-1 COMMONWEALTH OF PENNSYLVANIA OURT OF COMMON PLEAS Judicial District, County Of Cumberland Enola NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O?' o? Hassar. Habibi I 09-1-03 I Richard S. Dougherty 00 High Street PA 17025 DATE OF JUDGMENT I IN THE CASE OF (Plaintiff) 1O1..... 3/25/08 Dorothy Ellenberger Hassan Habibi CV-0000268-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appeflarlt-was ClaiffjInt '(?ePa. R.C.tp.D.J. No. 1001(6) in action ?? before a District Justice, A COMPLAINT OUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dorothy Ellenberger appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. e9t "?Slcg )within twenty (20) days a er service of rule or suffer entry of judgment of non pros. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ?? , 20 O8 Signature of Proo or Deputy RULE: To Dorothy Ellenberger , appellee(s) fappellantor ttome r agent Name of appellee(s) Sig o (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL, AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) LAYS AFTER filing of the notice of ?' - .; alico.?3?'e COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein u,, (date of service) 20 El by personal service ? by (certified) (registered) rr wi; sender's receipt attached hereto, and upon the appellee, (name) 20 by personal service l by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signah - o c "r1 c? ?f -a+ ITI 21 r c ? E. NO Yil r C= n v ND ? AOPC 312A - 02 ?MMONWEAL.-'-i UF I'S IN -SYLVAN IA COUNTY OF: CUMBERLAND L6ig c st 1J.- I ;9 RICHARD S. DOUGHERTY ,add-ess. 98 S HNOL,A DR STE 1 ENOLA, Phi Teep-cre 717: 7?8-2t905 17025 HABSAN HABI:'?II 400 HIGH ST'S-RET ENOLA, PA 1"025 NOTICE CF JUDGIVIENT/TRANSCRIPT CfVIL CASE f:1-A v TIFF. 1,A_', ,,, -rCR: SS ELLE1 Y'RGER, DOROTHY C/O 0130E 2013 ERIN INS (#010170907015) 21ECHANICSBMIG, PA 17055 J vs. 111ABIBI, ILASSAN 400 HIGH 9TRBET KNOLA, PP, 1701.5 ?- J CV-0000268-07 )atc- Fi?U 9/06/07 mac' 44Y THIS IS TO NOTWF ' YOU ' NAT: --- Judgment: -- FOR PLAINTIFF ? ------ ( Cate ). Judg rr n 1 3/25/08 © Judgrrent'.,.'a: t?r,tore.J x: !Name) ELLBNBBRSVBR, Di',ROTE[Y--_-- © Judgment : as ant err d against: (Name) HABIBI, -- NISSAN 68 in the am(Xur -f 3 4,538. c* f Juagrrc-rt $_4, 381.18 Defencar,ts 'n ic:nt:.,,inc severally ?iable. a igmcirt .rusts 37.30 $_ 1 ; ; - Damages ?v ; e as „ ed on Gate & Tirne :interest on Judgment $_ • 00 ;ttorr eny F:yea ? This case 'v lhout prejudice. ? 4 538 68 Total $ , . Amount 0f JL) ::;riera biect to Attachment/42 Pa.C-S. 8127 1;Do.at Ju ..';n ent Credits $ $ ----.- -- Post Jwd:.'r-'.snl ; osts $ 7 Portion cf .J-.;' ,ent fcr t ,ys,ca! damages Fris+,,g out of 1.1 ------------ residential (a .:c a___-.- ; Certified Judgment Total $ ANY PARTY HAS THI '4K,:-IT T') APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF 1 P)GNIENT 3Y FILIAG A NOTICE OF APPEAL WITH THE 'F1oTHUNO'"AFIY/CLERK OF THE COURT OF COMMON PLEAS CIVIL DIVISION. YOU MUST INCLUDE A COPY CF THIS -OTI'_ E OF JUDGMENTITRIANSCRIPT FORM WI i H (OUR NOT;C = OF APPEAL. EXCEPT AS oTHERVr 3F ,PROVI:')ED IN THE RULES OF CIVIL PROCEDURE FOR MAGIS 7 ERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER NTL"R THE JUDGMENT IN THE COURT OF COMMON PLEAS. AL'_ FURTHER PROCESS MUST COME FROM THE COURT 7'= COMJ40N PLEAS AND NO FURTHER PROCE`;S !0AY EF ;SSUED 13Y THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JCDGru"I -:V'-SPED IN THE COLFIT O" CO-JIVON PLF AS. ANYO AE ht"'iiF "_S'rE C IN THE J:-DGMENT MAY FILE A REOUEST FCR F V` ?',' ',T:SFA :TION WITH THE MAGM'," _R,AL Di5':'"ICT KOGE 1LOGMENT DE3TOR PAYS IN FULL, SETTLES, OR OTHi:R i`. . .:C".IP _I .:3 WITH THE JUGGMENT. MAR 2 5 1lhb [)is ict Judge certify that t? a I :Nect copy of th?.ert` r o` e hoi?e ? r c ti c jc. Jc rect. -- -- -- - - - - -- - r sir ict Judge My comma::?,?? ? : i '?Iy o. J CL;arl' 2012 =E_AL AOPC 315- 17, s PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ?X a copy of the Notice of Appeal, Common Pleas No. 08-2569 , upon the District Justice designated therein on (date of service) April.- 20 0811.1- ? by personal service KI by (certified) (registered) mail, 23.:_ _... ' _._.... sender's receipt attached hereto, and upon the appellee, (name) .. D.o-ro.t.hy. Ellenberger. on April 23, 20 08 ? by personal service [31 by (certified) (registered) mail, 11.1 sender's receipt attached hereto. (SWORN (A FIRMED) AND SUBSCRIBED BEFOR ME THIS DAY OF (A l......_ .. 20 b ¢ , Signatbre of official before whom affidavit was mad" Title of official ii My commission expires on 5afl, ?q.. 20 10 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa A Sdx* Notary Public Carlisle Boro, Cumberland County My Commission Expires Jan. 19, 2010 Member, Pennsylvania Association of Notaries -n ??-7 IT _ z -- r~ r a. r C:j ? T _ C J C cz ,4 AOPC 312A - 02 UUMMUNWEALTti OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. f a <. fir. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. • • I mnq. uw i . Nu. NAME OF D.J. Hassan Habibi 09-1-03 Richard S. Doughert-1,,;, 400 High Street -as:la PA ray)' %- e v DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 3/25/0£ Dorothy Ellenberger Ha;scan abib3. VS CV-0000268-07 This block will be signed ONLY when this notation is required under Pa. If app a as Cla' nt I-Odslft R.C. I.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT UST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Dorothy Ellenberger Name of appellee(s) (Common Pleas No. ?'. '` r C?tJ ) within twenty (20) days RULE: To Dorothy Ellenberger , appellee(s) of appellant or p*7 bW agent Name of appellee(s) `r (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by psrsonalseryice or by certified or registered mail. (2) If you do not fiip a complaint withi6 this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if SoMce was by mail is the date of the mailing. Date: 2008 Signature of Prot or Deputy . YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 appellee(s), to file a complaint in this appeal service of rule or suffer entry of judgment of non pros. r, :v? A 1. Article Addressed to: ft &aj u ric - dt?- S. ?1 ULt ?' lirc A 'i( ?? Aedm Ty KGCeFVeG t k M=N I°? -7-7 lar D. Is delKW address different from Item 1? A Ift If YES, enter delivery address below: No 3 Type a Certified Mail 13 Express mail egistered ? Return Receipt for Mepahoxfte ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? ym 2. Artlole Number (>?anwrsomaM??eer} 7003 3110 0004 5772 6099 Pal Fam 3811, Fetntrery =4 aureneue Retum Reoelpt ?_ 10[ee&aea•M-,M tr - f . • Er O 10o mestic Mail y; No In • suranc e Coverage Prov idei .A M1 N sn 41 Ul Postage $ . 0013 1. Addressed to: M8. x?-?V- C I ?Lr ffe lr 04.) &le Trsj.ra-nce Mt?,aples", certified Fee $2.65 ' Cerdfled Fee O (Endoraertt Raqui ed $2.15 G . C3 C3 (Erftmeenwnc?Requirred) O ? ?Restricted Delivery Fee (Elydorserrisnt Required) $0.00 O ? p " Reetrfutsd DG'Wr Fee (Erxbreement Required) CO ? M Total Postage & Fees $ $5.21 m Taal Postage & Fees M C3 0 r- ¦ Cvrnplt Nems 1, 2, end 3. Mso oofftplete Nem 4 If Restricted Delivery is desired. ¦ .PrNtt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. M 0 ...bav hW-4 o or ¦ OW40ji s Nents 1, 2, aW 3. Also comp?tete NM 4 N Restricted Delivery is desired. ¦ Pflltt yeah name and address on the reverse so VW we can return the card to you. ¦ AMA Vft card to the back of the mailplece, or on the *ont if space permits. ru r`- ul A. ? Apra B. Received by (pWnted Name) c I C. Date of D*my Is rent from Item 1? ? An If Y ate Tess below: ? No s a co ca 3._ Cent Express Mail ? Registered ? Return Receipt for h wdwj% tse ? Insured mail ? C.O.D. 4. Restricted Delivery? (Ex" Fee) ? 11es 2. ArWONtmbw 7003 3110 0004 5772 6082 (?f1rw arwb.lrbr/ PS F=M February 2M DarroM Return Rer Ip 1029iP02-Wl 0 U.S. Postal Service CERTIFIED MAIL,,., RECEIPT (Domestic Mail Only; No Insurance Coverage Providede a * ..I'm George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2569 CIVIL ACTION - LAW HASSAN HABIBI, Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment of non pros in the above-captioned action for failure to file a Complaint, pursuant to Pa. R.C.P. 237.1, and Defendant, Hassan Habibi's Rule issued April 22, 2008, served on Plaintiff on April 23, 2008, against Plaintiff, Dorothy Ellenberger, in favor of Defendant, Hassan Habibi. I do hereby certify that the attached Notice is a true and correct copy of the original Notice of Intention to Enter Default Judgment of Non Pros that was mailed to the Plaintiff on the 11 ' day of June, 2008, pursuant to Pa. R.C.P. 237.1. MAR Dated: June 27, 2008 By George 13. Fd1ler, Jr., I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant P:\F1LES\C1ients\13019\13019.1.non pros Arnas • ` Created: 920/04 0:06PM Revised: 6/11/08 8:53AM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, Plaintiff, V. HASSAN HABIBI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2569 CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: DOROTHY ELLENBERGER, Plaintiff c/o P.O. Box 2013 Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 0 Telephone:(717) 249-3166 MARTSON LAW OFFICES By George B. aller, Jr., Esquire 9813 Ten East High Street Carlisle, PA 17013 - (717) 243-3341 Dated: June 11, 2008 Attorneys for Defendant ?. CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Dorothy Ellenberger c/o P.O. Box 2013 Mechanicsburg, PA 17055 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2008 ? o o w ? D Op s SL+ rn ? c `- v a Q? 9s ? 8 `- Y George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, Plaintiff, V. HASSAN HABIBI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2569 CIVIL ACTION - LAW : JURY TRIAL DEMANDED Notice is hereby given that a Judgment of Non Pros in the above-captioned matter has been entered against you on June Al , 2008. S 1 Liu- P_ - " - P othonotary If you have any questions regarding this Notice, please contact the filing party: MART,%GN LAW OFFI By U George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant (This Notice is given in accordance with Pa. R.C.P. 236.) Notice sent to: Ms. Dorothy Ellenberger c/o P.O. Box 2013 Mechanicsburg, PA 17055 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I . D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER, Plaintiff V. HASSAN HABIBI, Defendant NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PETITION TO OPEN JUDGMENT NON-PROS AND NOW, this 7th day of July, 2008, comes the Plaintiff, Dorothy Ellenberger, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Petition to Open Judgment Non-Pros and in support thereof, avers as follows: 1. The Plaintiff and Petitioner herein, Dorothy Ellenberger is an adult individual Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA currently residing at 207 Four Seasons Lane, Enola, Pennsylvania. 9 2. The Plaintiff is insured by Erie Insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance"), is a corporation registered to do business in Pennsylvania with a place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. The Defendant, Hassan Habibi is an adult individual who currently resides at 400 High Street, Enola, Pennsylvania. 4. On or about September 6, 2007, Erie Insurance Group filed a Complaint with District Justice Richard S. Dougherty on behalf of the Plaintiff for subrogation of damages related to a motor vehicle accident which occurred on February 21, 2007. 5. A hearing was held before District Justice Dougherty on March 25, 2008, wherein Plaintiff was represented by the undersigned counsel on behalf of Erie Insurance Group. 6. Judgment was entered in favor of the Plaintiff in the amount of $4,538.68. See Notice of Judgment Attached as Exhibit "A". 7. Neither Plaintiff nor Erie Insurance Group received Defendant's Notice of Appeal, nor was notice received by counsel. 8. On or about May 16, 2008, Erie Insurance Group filed with the Cumberland County Court of Common Pleas to have the above referenced judgment entered against Mr. Habibi. See Attached as Exhibit "B" 9. In order to have this judgment certified, Plaintiff was required to obtain the signature of the presiding District Justice, which was obtained on May 1, 2008, with no indication that an appeal had been filed. See Attached as Exhibit "C". 10. Subsequently, in a letter dated June 30, 2008 Erie Insurance Group received a letter from counsel representing the Defendant indicating that a Judgment Non-Pros had been entered against the Plaintiff. See Attached as Exhibit "D". 11. It was only then that Plaintiff and/or Erie Insurance Group learned that Defendant had filed an appeal to the District Justice ruling. 12. It appears that service of the appeal and other subsequent documents was attempted by Defendant to the Plaintiff c/o Erie Insurance. 13. It is believed that the Notice of Appeal and Rule to File a Complaint were delivered to Erie Insurance on April 23, 2008 and signed for by Erie Insurance mailroom employee Steven Wilson. 14. However, Mr. Wilson neglected to forward these documents to an adjuster or employee who could notify counsel regarding the appeal. 15. As such, Plaintiff did not receive a Notice of Appeal or Rule to File Complaint and a Judgment Non-Pros was entered against the Plaintiff on June 27, 2008. A true and correct copy of the entry of Judgment Non-Pros is attached hereto as Exhibit "E". 16. Neither Plaintiff nor Erie Insurance Group received a 10-Day Notice from Defendant. 17. Erie Insurance has not been able to locate the Notice of Appeal, Rule of File a Complaint and 10-Day Notice and no adjuster or counsel for Plaintiff was made aware of this appeal or judgment. 18. As such, Plaintiff is forced to file a Petition to Open Judgment in order to preserve her interests in this claim. 19. When seeking to open a Judgment Non-Pros, Pa. R.C.P. 237.3 governs, and states that if the Petition to Open is filed within 10 days after the entry of judgment, the court shall open the judgment if a verified copy of the Complaint is provided and a meritorious cause of action is stated therein. See Verified Complaint attached as Exhibit "F" 20. It is submitted that the District Justice's ruling in Plaintiff's favor is a strong indication of the merits of her case. 21. It is submitted that great injustice and inequity would occur if Plaintiff and/or Erie Insurance were denied the right to recovery from Defendant's appeal which has insufficient factual and legal allegations to present a meritorious defense due to the mistake of a mailroom employee. 22. The mistake of an employee in forwarding documents to a proper party has been held to be a sufficient basis to open a judgment entered by default. See, Campbell v. Heilman Homes, Inc., 233 Pa. Super. 366, 335 A.2d 371 (1975). I 23. This petition was filed as soon as counsel for Plaintiff received notice of this matter after the Judgment Non-Pros was brought to the attention of Erie Insurance on June 30, 2008. 24. Therefore, Plaintiff is able to show all three requisites necessary to have the Judgment Non-Pros opened by the Court. WHEREFORE, the Petitioner Erie Insurance respectfully requests this Honorable Court to open the Judgment Non-Pros entered on June 27, 2008 in the Court of Common Pleas of Cumberland County. JOHNSON, DUFFIE, STEWART & WEIDNER By: K, objc?-M Kelly L. B anno Attorneyskfd Plaintiff Date: -11-1 I G 07/07/2008 11:51 FAX s la 002 VERIFICATION I, Sandra Goodling have read the foregoing Petition and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; 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 wlc? - (a 0-40 Sandra Goodling Date: CERTIFICATE OF SERVICE AND NOW, this -e . day of July, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petitioner to Open 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER a6l? By: Kelly L. 6 nno EXHIBIT "A " COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT y COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOUGHERTY Ada: `g8 S ZROLA DR ST8 1 ENOLA, PA Teloo6l,e (717 j 7.28-2805 17025 DOROTHY ELLENBERGER C/O PO BOX 2013 ERIE INS (#010170907015) KXCNANICSBDRG, PA 17055 ` THIS IS TO NOTIFY YOU THAT: _-. _ Lril?IaiTF .. "`':judgment; . _:FOR,. PLAINTIFF: NAME and ADDRESS fZLLENBSRGER, DOROTHY C/O PO BOX 2013 BRIG INS (#010170907015) LMECHANICS1110RG, PA 17055 J vs. DEFENDANT: NAME and ADDRESS FEABIBI, HASSAN 7 400 WTI= STRCET E>siOLA, PA 1M 5 L J Docket No.: CV-0000268-07 Date Filed: 9/06/07 rz] Judgment was entered for: (Name) ELLENBERGZR, DOROTHY ® Judgment was entered against: (Name) HABIBI, HASSAN in the amount of $ 4, 538.6 -1 F Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. . Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8,127 Portion of Judgment for physical damages arising out of residential lease S - Certified Judgment Total $ 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 P 44$IpIW HOLQER ELECTS T4}:ENTEH~THEJUDGMENT 0 4. CMURTOF.C0MMON-P€.EA.%,ALL FURTJiER PROCESS MUST COME FFIOM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date certify that this is a true aid ct I Date Aect copy, tT pf t e p o et My commission expires first Monday of January, 2012 AOPC 315-07 7 Magisterial District Judge containing the judgment.' Magisterial District Judge SEAL .8 DATE PRINTED 3/25/08 10:37:00 AM EXHIBIT "B" ' 07/07/2008 11:51 FAX Q005 J Y J CL G ' ?9 Q A r E' V f.: IN a y O cY `V EXHIBIT "C" 07/07/2008 11:51 FAX A004 C:+ d. C C /v ,T : COMMONWEALTH OF PE4i'SYLVANIA COUNTY OF k;Vx5aiLAMJJ Maq. DW. Na: 09-1-03 MW Name: Hon ElCRARD S. DOIIGM31MTY Addees: 98 s RNOLA DR OTa 1 E111110L,A. 4A Teiepwne: (717) 7213-2805 17025 JLTTORNZY FOR PLA XTIFF : 30"T L. 803ULNUO 301 WARIM OTREET Po Box 109 LE411Z31E, PA 17043 THIS IS TO NOTIFY YOU THAT: . Judgment: 701 PLAXNTXFF (Date of Judgment) 3/25/08 Judgment was entered far: (Name) >Q'1Z'it Zl?ti?I DOROTHY Judgment -was entered against: Name) >8A>dIHI• H1198A? In the amount of 4, 36.6 Defendants a;e jointly and severally liable. F1 Damages will be assessed on Date & Time M This case difmissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S, § 8127 Portion of Judgment for physical damages arising out of lesidentia; lease $.- Amount of Judgment $ 4,301.19 Judgment Casts $ 157M Interest on Judgment $ • Attorney Fees $ : UFO Total s.4,536.68 Post Judgment Credits $ Post Judgment Costs $ o>ssm??aeaa? Certified Judgment Total $_ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT GY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF TNI$ NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COUNT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLEU THE JUDGMENT 1S ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A RECKMT FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -RECIEIVEID W temoe J DUFFIE , $ 5 2U08 --- - .& . & - 1. naLe 4-s''G"r/ / ^,tacsl.M@; ial District Judge I cart'Y that this is a 1111.114 , d Co e f t dii r >a+nirry th.n th' ?? ? PPY?' ens mr.e ii.idclrncnt. Disirlct Judge NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PWNTIFF: NAME and ADDRESS r8LL3> SMGEE DOROTHY , C/o PO HOx 2013 ERxX IRS 0010170907015) LKECMLANIC22VRG, Pal 17055 _J VS. DEFENDANT; NAME and ADDRESS rEE WX35T, WWSJM -I 400 8IG8 STRZXT PMOYa1?, PA 17 0 2 5 L_ ,J Docket No.: CV-0004268-07 Date Filed: 9/06/07 My commission expires lirs N1 nday Of January. 20&2 SEMI. MAY Md 15-07 DATE PA3311TED: 3/25/08 1007:00 AX EXHIBIT "D" EXHIBIT'S" C` ERIE INS George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WTLLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 0003 DOROTHY ELLENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. NO. 08-2569 CIVIL, ACTION - LAW HASSAN HABIBI, Defendant. : JURY TRIAL DEMANDED Notice is hereby v that a Judgment of Non Pros in the above-captioned matter has been entered against you on 2008. yin"Otary If you have any questions regarding this Notice, please contact the filing patty: MAR N LAW1OFFI I3y ?!> George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant (This Notice is given in accordance with Pa. R.C.P. 236) Notice sent to: 07/01/2008 15:12 FAX 7177952315 4 Ms. Dorothy Ellenberger c% P.O. Box 2013 Mechanicsburg, PA 17055 07/01/2008 15:12 FAX 7177952315 ERIE INS George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant [a 004 DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2569 HASSAN HABIBI, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment of non pros in the above-captioned action for failure to file a Complaint, pursuant to Pa. R.C.P. 237.1, and Defendant, Hassan Habibi's Rule issued April 22, 2008, served on Plaintiffon April 23, 2008, against plaintiff Habibi, Dorothy Ellenberger, in favor of Defendant, Hassan . I do hereby certify that the attached Notice is a true and correct of Intention to Enter Default Judgment of Non pros that was mailed to the Plaintiff on the 11 th day of Junc, 2008, pursuant to Pa. R.C.P. 237.1. t-V S MARZFIcr, OFFI By 6 1 GeorgJr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2008 Attorneys for Defendant 07/01/2005 15:12 FAX 7177952315 ERIE INS 005 1 . FnFt?SlCliaat,\1301Y1i3019.1.??,1? Cmxed: 9,20.04 0:"PM Aa%aed: W11108 S13AM George B. Faller, Jr., Esquire I.D. No. 49813 MARTS ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLE Plaintiff, AS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2569 HASSAN HABIBI, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED TO: DOROTSY ELLENBERGEg, ph&tlff C/o P.O. Box 2013 Mechwdesbur& PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER DvIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEpHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 © Telephone:(717) 249-3166 rj MARTSON LAW OFFICES BY George B. aller, Jr., Esquire 9813 Ten East High StrcL-t Dated: June 11, 2008 Carlisle, PA 17013 - (717) 243-3341 Attorneys for Defendant 07/01/2008 15:12 FAR 7177952315 ERIE INS X006 CERTIFICATE O SERVr['1E I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by dcpositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Dorothy Ellenberger c o P.O. Box 2013 Mechanicsburg, PA 17055 MARTSON LAW OFFICES By`lti ' ( 1C? Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2008 EXHIBIT "F" Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER as subrogee of ERIE INSURANCE GROUP, Plaintiff V. HASSAN HABIBI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW, this 7th day of July, 2008, comes the Plaintiff, Dorothy Ellenberger, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Complaint and in support thereof, avers as follows: 1. The Plaintiff, Dorothy Ellenberger is an adult individual currently residing at 207 Four Seasons Lane, Enola, Pennsylvania. 2. The Plaintiff is insured by Erie Insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance"), is a corporation registered to do business in Pennsylvania with a place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. The Defendant, Hassan Habibi is an adult individual who currently resides at 400 High Street, Enola, Pennsylvania. 4. On or about February 21, 2007, Plaintiff was traveling on Four Seasons Lane, attempting to return to her residence. 5. Defendant was parked in a parking space perpendicular to Four Seasons Lane, and began to back out as Plaintiffs vehicle was traveling lawfully in the roadway. 6. As Defendant backed out into oncoming traffic on Four Seasons Lane, he struck Plaintiffs vehicle, making impact at the right rear wheel, causing damage. COUNT I - NEGLIGENCE Dorothy Ellenberger v. Hassan Habibi 7. Plaintiff incorporates Paragraphs 1-6 herein as if set forth in full. 8. As a result of Defendant's negligent operation of his motor vehicle, Plaintiffs vehicle was damaged. 9. Defendant's negligence consisted of: a. Failure to yield to a vehicle with the right of way before entering the roadway; b. Operating his vehicle in a careless, reckless and negligent manner; C. Failure to ensure a that the vehicle maneuver he was attempting could be made safely prior to attempting such maneuver; d. Failure to yield the right of way to vehicles approaching on the roadway which Defendant was attempting to enter in violation of 75 Pa. C.S.A. § 3324, which constitutes negligence per se; e. Moving a parked vehicle at a time when the movement could not be made safely in violation of 75 Pa. C.S.A. § 3333, which constitutes negligence per se; and Failure to observe the rights of other vehicles traveling lawfully in the roadway; 10. Plaintiff suffered damages in the amount of $4318.18. See Evidence of Plaintiffs damages attached hereto as Exhibit "A". WHEREFORE, the Plaintiff respectfully requests this Honorable Court to open the grant judgment in her favor in an amount sufficient to submit this case to compulsory arbitration. JOHNSON, DUFFIE, STEWART & WEIDNER By: 'KeT1y1.-Boq$flW Attorney fo Pla tiff Date: 07/07/2008 11:51 FAI VERIFICATION I, Sandra Goodling have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities; 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 [a 003 Sandra Goodling Date: CERTIFICATE OF SERVICE AND NOW, this day of July, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petitioner to Open 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bonanno EXHIBIT "A" Req: GOODLING 03/26/2007 AT 02:59 PM JOB NUMBER: LAWRENCE CHEVROLET FEDERAL ID #:232147212 WE'LL BE THERE! 6445 CARLISLE PIKE P. 0. BOX 510 MECHANICSBURG, PA 17050 (717) 766-0284X3345 FAX: (717) 918-2999 ESTIMATE OF RECORD WRITTEN BY: CARL CRONE #131104 03/26/2007 02:59 PM ADJUSTER: KLINGER, DANIEL E. (717)795-2282 INSURED: DOROTHY ELLENBERGER OWNER: DOROTHY ELLENBERGER ADDRESS: 207 FOUR SEASONS LANE ENOLA, PA 17025-0000 EVENING: (717)732-4889 INSPECT LOCATION: ,S CLAIM #010170907015001 POLICY #Q070309822 DEDUCTIBLE: $500.00 DATE OF LOSS: 02/21/2007 AT 04:30 PM TYPE OF LOSS: COLLISION POINT OF IMPACT: 2. RIGHT FRONT PIL INSURANCE ERIE INSURANCE GROUP COMPANY: 4901 LOUISE DRIVE P.O. BOX 2013 MECHANICSBURG, PA 17055 DAY : () - BUSINESS: (717)795-2282 DAYS TO REPAIR 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY VIN: 1G1ZT54835F302357 LIC: ERZ932B PA PROD DATE: 05/2005 ODOMETER: 21709 CONDITION: GOOD AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL TELESCOPIC WHEEL INTERMITTENT WIPERS KEYLESS ENTRY BODY SIDE MOLDINGS DUAL MIRRORS ROOF CONSOLE TRACTION CONTROL CLEAR COAT PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER DRIVER SEAT POWER MIRRORS POWER TRUNK/TAILGATE AM RADIO FM RADIO STEREO SEARCH/SEEK CD PLAYER ANTI-LOCK BRAKES (4) DRIVER AIR BAG PASSENGER AIR BAG 4 WHEEL DISC BRAKES CLOTH SEATS BUCKET SEATS AUTOMATIC TRANSMISSION -------------------------- OVERDRIVE --------------------- ALUMINUM/ALLOY WHEELS NO. OP. -------------------------- - DESCRIPTION --------------------- ---- QTY --------------------------- EXT. PRICE LABOR PAINT 1 FRONT - BUMPER ---- --------------------------- 2 O/H FRONT BUMPER 2.0 3* REPL A/M BUMPE R COVER * 1 250.00* INCL. 2.6 4 ADD FOR C LEAR COAT 1.0 5 FRONT LAMPS 6* REPL RT RECON HEADLAMP ASSY +25% * 1 162.50* 0.3 7 GRILLE 8 REPL MOLDING 1 179.13 0.4 1 03/26/2007 AT 02:59 PM Req: GOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY --------- NO. - - ------- OP. ------- ------------------------------ DESCRIPTION ----------------------------- ------ QTY ------ ------------------ EXT. PRICE LABOR - --------- PAINT ---- --- 9 REPL - EMBLEM 1ST DESIGN 1 ----------------- 25.33 INCL. --------- 10 RADIATOR SUPPORT 11* RPR UPPER TIE BAR S 1.0* 1.0 12 HOOD 13 BLND HOOD 1.5 14 FENDER 15 REPL RT FENDER 1 187.29 2.0 1.8 16 ADD FOR CLEAR COAT 0.7 17 ADD FOR EDGING 0.5 18 DEDUCT FOR OVERLAP -0.3 19 FRONT DOOR 20# RPR RT FT DOOR FRAME 1.0 21 REPL RT OUTER PANEL 1 217.16 5.0 2.0 22 OVERLAP MAJOR ADJ. PANEL -0.4 23 ADD FOR CLEAR COAT 0.3 24 ADD FOR MIRROR 0.3 25 ADD FOR EDGING 0.5 26 ADD FOR INSIDE 0.5 27 REPL RT BODY SIDE MLDG PAINT TO 1 65.17 0.3 0.4 MATCH 28 OVERLAP MINOR PANEL -0.2 29 ADD FOR CLEAR COAT 0.1 30 REAR DOOR 31# RPR RT RR DOOR FRAME 1.0 32 REPL RT OUTER PANEL 1 221.45 5.0 2.0 33 OVERLAP MAJOR ADJ. PANEL -0.4 34 ADD FOR CLEAR COAT 0.3 35 ADD FOR EDGING 0.5 36 ADD FOR INSIDE 0.5 37 REPL RT BODY SIDE MLDG PAINT TO 1 53.71 0.3 0.3 MATCH 38 QUARTER PANEL 39* RPR RT QUARTER PANEL 8.0* 2.0 40 OVERLAP MAJOR ADJ. PANEL -0.4 41 ADD FOR CLEAR COAT 0.3 42 REFN FUEL DOOR 0.3 43 OVERLAP MINOR PANEL -0.2 44 ADD FOR CLEAR COAT 0.1 45 R&I FUEL DOOR 0.3 46 REAR LAMPS 47 R&I RT TAIL LAMP ASSY 0.3 48 REAR BUMPER 49 R&I R&I BUMPER COVER 1.0 50* RPR BUMPER COVER 1.0* 3.0 51 ADD FOR CLEAR COAT 1.2 52# MISCELLANEOUS OPERATIONS 1 53# CAR COVER 1 5.00 T 0.2 54# HAZARDOUS WASTE REMOVAL FEE 1 3.50 T 2 Req: GOODLING S 03/26/2007 AT 02:59 PM JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY --------- NO. ------------------------------------- OP. DESCRIPTION ------------- ------ QTY ------ ------------------- EXT. PRICE LABOR ------------------- -------- PAINT - - --------- 55# ------------------------ FOUR WHEEL ALIGNMENT 1 69.95 T M --- --- 56# AIM HEADLIGHTS 1 T 0.5 57# CORROSION PROTECTION 1 5.00 T 0.1 58# TINT 1 T 0.5 59# FLEX AGENT 2 12.00 T 60# REPL 3M PANEL BONDING ADHEISIVE 1 - -- 42.00 ----- - --------- ------------------------------------- SUBTOTALS =_> - - - - -- 1499.19 ---------- 29.7 -------- 22.3 PARTS 1403.74 BODY LABOR 29. 7 HRS @$ 42.00/HR 1247.40 PAINT LABOR 22. 3 HRS @$ 42.00/HR 936.60 PAINT SUPPLIES 450.00 SUBLET/MISC. 95.45 -------------------- SUBTOTAL ----- --------- ---------- $ -------- 4133.19 SALES TAX $ 4133.19 @ 6.0000% 247.99 GRAND TOTAL $ 4381.18 ADJUSTMENTS: DEDUCTIBLE 500.00 ---------------------------------------------------- CUSTOMER PAY $ 500.00 INSURANCE PAY $ 3881.18 3 03/26/2007 AT 02:59 PM Req: GOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY THIS IS NOT AN AUTHORIXATION TO REPAIR. THE VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMENT IS MADE. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM ERIE INSURANCE ON REQUEST. ABBREVIATIONS WHICH MAY HAVE BEEN USED IN THE APPRAISAL ARE DIFINED AS FOLLOWS: D = DISCONTINUED PART, A = APPROXIMATE PRICE, B = BODY LABOR, D = DIAGNOSTIC, E = ELECTRICAL, F = FRAME, G = GLASS, M = MECHANICAL, P = PAINT LABOR, S = STRUCTURAL, T = TAXED MISCELLANEOUS, X = NON TAXED MISCELLANEOUS, ADJ = ADJACENT, A = ALIGN, A/M = AFTERMARKET, BLND = BLEND, CAPA = CERTIFIED AUTO PARTS ASSOCIATION, D&R = DISCONNECT AND RECONNECT, EST = ESTIMATE, EXT. PRICE = UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL = INCLUDED, MISC = MISCELLANEOUS, NON - ADJ = NON ADJACENT, O/H = OVERHAUL, OP. = OPERATION, NO. = LINE NUMBER, QTY = QUANTITY, QUAL RECY = QUALITY RECYCLED PART, QUAL REPL = QUALITY REPLACEMENT PART, RECOND = RECONDITION, REFN = REFINISH, REPL = REPLACE, R&I = REMOVE AND INSTALL, R&R = REMOVE AND REPLACE, RPR = REPAIR, RT = RIGHT, SECT = SECTION, SUBL = SIBLET, USED = RECYCLED PARTS OF LIKE KIND AND QUALITY, OR BETTER, E.P.C. = ENVIRONMENTAL PROTECTION CHARGE,. LT = LEFT, W/O = WITHOUT, W/ = WITH/, # = MANUEL LINE ENTRY, * = OTHER [I.E., MOTORS DATABASE INFORMATION WAS CHANGED], ** = DATABASE LINE WITH AFTERMARKET PART INCLUDED, N = NOTES ATTATCHED TO LINE. 4 03/26/2007 AT 02:59 PM Req: GOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. ESTIMATE CALCULATED USING A PRESET USER THRESHOLD AMOUNT FOR THE PAINT AND MATERIAL COST. 5 03/26/2007 AT 02:59 PM Req: GOODLING ,S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE DRlCP04 DATABASE DATE 02/2007, CCC DATA DATE 02/2007, AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM (OPTIONAL OEM) OR ALT OEM (ALTERNATIVE OEM) PARTS ARE OEM PARTS THAT MAY BE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OEM VEHICLE DEALERSHIPS. OPT OEM OR ALT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. OPT OEM OR ALT OEM PARTS MAY INCLUDE BLEMISHED PARTS PROVIDED BY OEM'S THROUGH OEM VEHICLE DEALERSHIPS. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (-) ITEMS INDICATE MOTOR NOT-INCLUDED LABOR OPERATIONS. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RELY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECOND. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND BENCHMARK PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS. LABOR OPERATION TIMES LISTED ON THE LINE WITH THE NAGS INFORMATION ARE MOTOR SUGGESTED LABOR OPERATION TIMES. NAGS LABOR OPERATION TIMES ARE NOT INCLUDED. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 6 • No Label No Label No Label No Label Claim Reference Id 010170907015001 File Name PHOT015 File Date 03/26/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LOSSDate:02/211071 ClaimNumber:010170907015001 1 PolicyNumber:Q0703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT016 File Date 0312612007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02/211071 ClaimNumber.010170907015001 PolicyNumber:00703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT014 File Date 03/2612007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:021211071 ClaimNumber:010170907015001 I PolicyNumber:00703096221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT013 File Date 03/26/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02/211071 Claim Number:010170907015001 PolicyNumber:00703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 r. 4 . • No Label No Label No Label No Label Claim Reference Id 010170907015001 File Name PHOTO12 File Date 03126/2007 Label Style:5, CHEV, MALIBU LSI Insured:ELLENBERGER, Note DOROTHY! LossDate:021211071 ClaimNumber:0101709070150011 PolicyNumber:Q0703098221 C1aimReprss LAWRENCE CHEVROLET Photo Location Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOTO11 File Date 0312612007 Label Style:5, CHEV, MALIBU LSI insured:ELLENBERGER, Note DOROTHY! LossDate:021211071 ClaimNumber:0101709070150011 PolicyNumber:Q0703098221 C?aimitepres LAWRENCE CHEVROLET photo Location photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT010 File Date 0310112007 Label Style:5, CHEV, MALIBU LSI Insured:ELLENBERGER, Note DOROTHY! LossDate:021211071 ClaimNumber:0101709070150011 PolicyNumber:00703098221 CleimRepres LAWRENCE CHEVROLET Photo Location Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT09 File Date 0310112007 Label Style:5, CHEV, MALIBU LSI Insured:ELLENBERGER, Note DOROTHY! LossDate:021211071 ClaimNumber:0101709070150011 PolicyNumber:00703098221 ClaimRspres LAWRENCE CHEVROLET Photo Location Photo Taken By CARL CRONE Estimate Indicator E01 .,,i . • No Label No Label No Label No Label Claim Reference Id 010170907015001 File Name PHOT08 File Date 03/01/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02/211071 ClaimNumber:0101709070150011 PolicyNumber:Q0703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT07 File Date 03/01/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02121/071 ClaimNumber:0101709070150011 PolicyNumber:Q0703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT06 File Date 03/01/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02/21/071 ClaimNumber:010170907015001 1 PolicyNumber:Q0703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT05 File Date 03/0112007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02/21/071 ClaimNumber:010170907015001 1 PolicyNumber:00703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 No Label No Label No Label No Label Claim Reference Id 010170907015001 File Name PHOT04 File Date 03101/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02121/07 ClaimNumber:010170907015001 1 PolicyNumber.Q0703098221 ClalmRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT03 File Data 03/01/2007 Label Note Sty1e:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02121/071 ClaimNumber.010170907015001 PolicyNumber:Q0703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 01 01 7090701 50 01 File Name PHOT02 File Date 03/01/2007 Label Note Style:5, CHEV, MALIBU LS1 Insured:ELLENBERGER, DOROTHY LossDate:02121/071 ClaimNumber:0101709070150011 PolicyNumber:Q0703098221 ClalmRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT01 File Date 03/01/2007 Label Note Style:5, CHEV, MALIBU LSD Insured:ELLENBERGER, DOROTHY LossDate:02121/071 ClaimNumber:010170907015001 PolicyNumber:00703098221 ClaimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 '? rv 9 MM r-- ?? m ?i -c DOROTHY ELLENBERGER, Plaintiff V. HASSAN HABIBI, Defendant JUL 0 8 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED k RULE TO SHOW CAUSE AND NOW, this n! ` day of July, 2008, the Plaintiff herein is directed to show cause why the Petition to Open Judgment, should not be granted. Rule1teturnable in za days. J. Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for the Plaintiff George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant ,UNne )?1 ^3 G ? 3i M1! L 5 :8 WV 0 i` n Boot A8ViCtlNC,HiO6 i 3N1 ?O 301-'4C?-O9lU F:\FILES\CGents\ 13019\ 13019. L mot l.wpd Created: 9/20/04 0:06PM Revised: 7/31/08 10:31 AM 13019.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2569 CIVIL ACTION - LAW HASSAN HABIBI, Defendant : JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME TO ANSWER RULE NOW COMES the Defendant Hassan Habibi, by and through his counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves for an extension of time to Answer this Court's Rule to Show Cause, and in support thereof states as follows: 1. This case arises out of a motor vehicle accident on February 21, 2007. 2. Dorothy Ellenberger ("Plaintiff') alleges that Hassan Habibi ("Defendant") backed into her lane of travel, striking her vehicle. 3. Erie Insurance Group, Plaintiff s insurer, filed a Complaint on behalf of Plaintiff on September 6, 2007. 4. A hearing on Plaintiff's Complaint was held before District Justice Richard S. Dougherty on March 25, 2008, and judgment in the amount of $4,538.68 was entered in favor of Plaintiff. 5. On or about April 23, 2008, a Notice of Appeal and Rule to File a Complaint were served on Plaintiff c/o Erie Insurance. 6. On June 11, 2008, Defendant served Plaintiff with a 10 Day Notice. 7. On June 27, 2008, a Judgment of Non-Pros was entered against Plaintiff. 8. Plaintiff filed a Petition to Open Judgment Non-Pros on July 7, 2008. 9. This Court issued a Rule to Show Cause on July 9, 2008. The Rule was returnable 20 days after service. 10. Defendant contends that he has valid insurance coverage through either his personal insurance with Nationwide Insurance or through his employer's insurance. 11. If Defendant has coverage through Nationwide Insurance, then this matter would be subject to intercompany arbitration. 12. On July 17, 2008, Plaintiff's counsel provided Defendant with correspondence indicating that Nationwide was denying coverage for this claim. A copy of this correspondence is attached hereto and incorporated as Exhibit "A." 13. Counsel for Defendant contacted counsel for Plaintiff and requested an extension of time in which to file an answer to this Court's Rule to Show Cause. 14. On July 30, 2008, counsel for Plaintiff notified Defendant's counsel that she did not concur in the request for an extension. A copy of this correspondence is attached hereto and incorporated as Exhibit "B." 15. The attorney responsible for this matter on behalf of Defendant is on vacation until August 11, 2008. 16. This matter was previously assigned to the Honorable Kevin Hess. WHEREFORE, Defendant requests an extension of thirty (30) days in which to file an answer to this Court's Rule to Show Cause. MARTSON LAW OFFICES By ..Pik J George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2008 Attorneys for Defendant RECYCLED PAPER RECYCLARIE W]"fo' R. 1)1_Fi?it; RI(II:ARO t4. Sr1itk.?i,I C. Rm 1\, Emma,, il(. 1:1)\10\1) l:i. A11LRti 1),1111) \\. 1)PLU(, : to yA tirIII ;_ER X1!11 F.RSU.A 1. SflIniv, IEr11, 1:1 13. R1 1 rlr, Kf \ 1,v F (NloryE R:11 1'11 FI, 1CIU(,lrr. iR. N1 \1{K C. ])1.1:1 T jmrH R. NimisKl Nil( if \1'E 1. C.1551U1 Joru?sov DUFFIE July 17, 2008 VIA FACSIMILE - 243-1807 George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Re: Dorothy Ellenberger v. Hassan Habibi Docket No. CV-268-07 Dear Mr. Faller: 1",011FR"r \I. WALKER 1\ ODE 1) 11 \\I.El Ea IL \RETII D. S\061'R Kf[t.Ll L. liO\_1.A\O OF COUNSEL lfol,A('E A. 10flV'stly 1? i.l'F. JiIIP11:1S I 90i 00h) Enclosed please find the insurance documentation we spoke about earlier on the phone. I was mistaken in that this denial of coverage is from Nationwide Insurance, which is your client's personal auto policy. As you already know, their denial of coverage is based upon the allegation that Mr. Habibi was working within the scope of his employment at the time of the accident. It is my handwritten notes when I received this file that the employer's insurance also denied coverage, however, I do not have the name of the employer or its insurance company. As I recall, Mr. Habibi explained to me that he did not want to submit this claim to his employer's insurance because he was not working at the time of the incident. Although I agreed that if coverage were available with Nationwide, this case would be arbritable through ICA. At this time there is no evidence of that, and therefore I see no other way to pursue this matter than that which is presently underway. In the meantime should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER 4 Cam' Kelly L. B AWo KLB: mer:337s62 Enclosure -01 \ ARKET STREET 110. 13O\ 109 LFNIM NF.. PlAW 1-%.A\IA 11043-0109 tl'\I'Gt.ill5\V'.C0\I ; li.7(i 1.4540 FAa\: i 17.i0l.)013 \1AIL@11)S?vCom JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit "A" Nationwi&' On Your Side S" PO Box 2655 * Harrisburg, PA 17105-9971 June 4, 2007 Erie 62 - claim#010170907015 PO Box 2013 Mechanicsburg, PA 17055-0710 OUR INSURED : Hassan Habibi OUR CLAIM NUMBER : 58 37 D 869054 02212007 01 DATE OF LOSS : 02-21-2007 Dear Sir or Madam: We have completed our investigation and we have determined that there is no coverage for this loss. Any questions can be directed to the adjuster below at the number listed below. Sincerely, Nationwide Insurance Company of America Ryan Klos Claims Department 1-(800)889-9872 Ext. 6578 QO ?J Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. iJ H,?,?I??,-,,IH I HII 07/30/2008 14:52 FAX 717 761 3015 JDHW IM 002/002 JF,RRY R. Du i;iL RICI IARD W. ST1 WART C. Roy WOUNLU. 111C 17)Vimn (i. MYfRS llAV1D W. DF.I.UCh JOHN A, STATLFR ILPrCRSON I. SIIIPMAN IEyFREY Li. RFrrm Kh,VSN R. OSBORNE RALPH H. WRIGHT )R. MARK C. OUFHII: JOHN R. NI.NOSKY MICHAEL I. CASSIDY JLOAt-u?isoiv DUFFIE MELISSA PF,fr, (;RrrYY ROBERT M. WALKER WAIF 1). MANLEY ELIZABETH 0. SN(.)VFR KLLLY L, DoNANNO OF COUNSEL HORACE A. JO?INSON F. LLG SIIIPMAN (I9fi'i 7000) WI?ITMR'S1'.C'I' No Ili P) A1AI?, klhnplti?r.IV?m July 30, 2008 VIA FACSIMILE - 243-1807 George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Re: Dorothy Ellenberger v. Hassan Habibi Docket No. CV-268-07 Dear Mr. Faller: Upon further consideration of your request for an extension to file a response to the Rule to Show Cause in this case, I do not believe I can grant an extension for such a matter. While I understand your position that this case may be appropriate for ICA, I do not believe that has any bearing on whether the Judgment in this case should be opened at the present time because you still do not have any indication that coverage will exist. Furthermore, I do not believe that such an extension is in the best interest of my clients. If you intend to oppose our Petition to Open, it is my position that you should do so within the time allotted by the Rule to Show Cain®. If coverage is later discovered, I would not object to submitting this matter to ICA. Finally, I have been instructed by my client that I do not have the authority to grant an extension on this matter for the thirty (30) days you are requesting. I apologize for any inconvenience this may cause. In the meantime should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, KLB:mer.339996 J HNSON, DUFFIE, STEWART & WEIDNER L. oKelly nanno 301 MARKET STREET RO. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.J[)SW.COM 717.761.4540 FAX: 717,761,3015 MAII.0 JI)SWCOM JOHNSON, DUFFIE, STEWART & WF.IUNER, P.C. Exhibit "B" CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion for Extension of Time to Answer Rule was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kelly L. Bonanno, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 MARTSON LAW OFFICES By: Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2008 ,._, ` , ?. ?... Tl c: f___ •-J ,.. _._ '?? _ t ? t ?? ??:: - f ^.- ,.. "{ z , ::'..? ? w, G DOROTHY ELLENBERGER, Plaintiff, V. HASSAN HABIBI, Defendant. AM 0 1 Z047' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this Sa day of A.T 2008, upon consideration of the foregoing Motion for Extension of Time to Answer Rule, it is hereby ORDERED that Defendant is granted a thirty (30) day extension in which to file an answer to the Rule to Show Cause issued by this Court on July 9, 2008. cc: K L. Bonanno, Esquire ohnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff orge B. Faller, Jr., Esquire ARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorneys for Defendant BY THE COURT: l?..a.. Li ?. d : I t1d c- HN '99Z Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I . D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER, Plaintiff V. HASSAN HABIBI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Dorothy Ellenberger, by and through her attorneys Johnson, Duffie, Stewart & Weidner, who files this Petition to Make Rule Absolute by respectfully stating the following: 1. On July 7, 2008, Plaintiff filed a Petition to Open Judgment Non Pros. Attached hereto as Exhibit A is a true and correct copy of the aforesaid Petition. 2. The Court issued a Rule to Show Cause upon all parties to show cause why Petitioner should not be permitted to have the judgment non pros against her opened. The Rule to Show Cause is attached as Exhibit B. 3. On or about July 30, 2008, counsel for Defendant petitioned the Court for an extension of time to Answer the Rule to Show Cause in the above-captioned matter. Defendant's Petition is attached hereto as Exhibit C. 4. On or about August 5, 2008, this honorable Court entered an order granting a thirty (30) day extension of time to file an Answer to the Rule to Show Cause in this matter. A true and correct copy of the Court's Order is attached hereto as Exhibit D 5. Defendant's thirty (30) day extension has passed and Defendant has not responded to the Rule, and has not shown cause as to why the judgment non pros against Plaintiff should not be opened. WHEREFORE, the Petitioner, Dorothy Ellenberger, by and through her counsel, Johnson, Duffie, Stewart & Weidner, respectfully requests that your honorable Court grant the Petition to Open Judgment Non Pros for Plaintiff in this action. JOHNSON, DUFFIE, STEWART & WEIDNER Y: Kelly L. B a o Attorneys r aintiff :350428 CERTIFICATE OF SERVICE AND NOW, this day of November, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition to Make Rule Absolute 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bon n Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-CV-2569 V. HASSAN HABIBI, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PETITION TO OPEN JUDGMENT NON-PROS AND NOW, this 7th day of July, 2008, comes the Plaintiff, Dorothy Ellenberger, by and through his counsel, Johnson, Duffle, Stewart & Weidner, P.C. and files this Petition to Open Judgment Non-Pros and in support thereof, avers as follows: 1. The Plaintiff and Petitioner herein, Dorothy Ellenberger is an adult individual currently residing at 207 Four Seasons Lane, Enola, Pennsylvania. 2. The Plaintiff is insured by Erie Insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance"), is a corporation registered to do business in Pennsylvania with a place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. The Defendant, Hassan Habibi is an adult individual who currently resides at 400 High Street, Enola, Pennsylvania. 4. On or about September 6, 2007, Erie Insurance Group filed a Complaint with District Justice Richard S. Dougherty on behalf of the Plaintiff for subrogation of damages related to a motor vehicle accident which occurred on February 21, 2007. 5. A hearing was held before District Justice Dougherty on March 25, 2008, wherein Plaintiff was represented by the undersigned counsel on behalf of Erie Insurance Group. 6. Judgment was entered in favor of the Plaintiff in the amount of $4,538.68. See Notice of Judgment Attached as Exhibit "A". 7. Neither Plaintiff nor Erie Insurance Group received Defendant's Notice of Appeal, nor was notice received by counsel. 8. On or about May 16, 2008, Erie Insurance Group filed with the Cumberland County Court of Common Pleas to have the above referenced judgment entered against Mr. Habibi. See Attached as Exhibit "B" 9. In order to have this judgment certified, Plaintiff was required to obtain the signature of the presiding District Justice, which was obtained on May 1, 2008, with no indication that an appeal had been filed. See Attached as Exhibit "C". 10. Subsequently, in a letter dated June 30, 2008 Erie Insurance Group received a letter from counsel representing the Defendant indicating that a Judgment Non-Pros had been entered against the Plaintiff. See Attached as Exhibit "D". 11. It was only then that Plaintiff and/or Erie Insurance Group learned that Defendant had filed an appeal to the District Justice ruling. 12. It appears that service of the appeal and other subsequent documents was attempted by Defendant to the Plaintiff c/o Erie Insurance. 13. It is believed that the Notice of Appeal and Rule to File a Complaint were delivered to Erie Insurance on April 23, 2008 and signed for by Erie Insurance mailroom employee Steven Wilson. 14. However, Mr. Wilson neglected to forward these documents to an adjuster or employee who could notify counsel regarding the appeal. 15. As such, Plaintiff did not receive a Notice of Appeal or Rule to File Complaint and a Judgment Non-Pros was entered against the Plaintiff on June 27, 2008. A true and correct copy of the entry of Judgment Non-Pros is attached hereto as Exhibit "E". 16. Neither Plaintiff nor Erie Insurance Group received a 10-Day Notice from Defendant. 17. Erie Insurance has not been able to locate the Notice of Appeal, Rule of File a Complaint and 10-Day Notice and no adjuster or counsel for Plaintiff was made aware of this appeal or judgment. 18. As such, Plaintiff is forced to file a Petition to Open Judgment in order to preserve her interests in this claim. 19. When seeking to open a Judgment Non-Pros, Pa. R.C.P. 237.3 governs, and states that if the Petition to Open is filed within 10 days after the entry of judgment, the court shall open the judgment if a verified copy of the Complaint is provided and a meritorious cause of action is stated therein. See Verified Complaint attached as Exhibit "F". 20. It is submitted that the District Justice's ruling in Plaintiffs favor is a strong indication of the merits of her case. 21. It is submitted that great injustice and inequity would occur if Plaintiff and/or Erie Insurance were denied the right to recovery from Defendant's appeal which has insufficient factual and legal allegations to present a meritorious defense due to the mistake of a mailroom employee. 22. The mistake of an employee in forwarding documents to a proper party has been held to be a sufficient basis to open a judgment entered by default. See, Campbell v. Heilman Homes, Inc., 233 Pa. Super. 366, 335 A.2d 371 (1975). 23. This petition was filed as soon as counsel for Plaintiff received notice of this matter after the Judgment Non-Pros was brought to the attention of Erie Insurance on June 30, 2008. 24. Therefore, Plaintiff is able to show all three requisites necessary to have the Judgment Non-Pros opened by the Court. WHEREFORE, the Petitioner Erie Insurance respectfully requests this Honorable Court to open the Judgment Non-Pros entered on June 27, 2008 in the Court of Common Pleas of Cumberland County. JOHNSON, DUFFIE, STEWART & WEIDNER By: ?<j 0 L029CA Kelly L. anno Attorneys Plaintiff Date: 1 1 -t ( G C( 07/07/2008 11:51 FAX Q002 I, Sandra Gooding have read the ft"oing Petition and hereby affirm that it is true and oornad to the best of my personal knowk dgc or infomabon and belief. This Veffication and statement is made subjed to the penalties of 18 Pa. C.S.A. 64904 misting to unswom falsification to authorities; i verity that all the statements made in the foregoing are true and coned and that false slatemerrts may subject me to the penalties of 18 Pa. C_SA "W. Eris Insurance Group awVAI-otj (400-0 Sandra Goodling Date: CERTIFICATE OF SERVICE AND NOW, this -Tt*1 day of July, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petitioner to Open 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attomey for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER aKijl??-am By: Kelly L. B -A- n TT no EXHIBIT "A" • COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBER LAW CIVIL CASE leap. Dist. No.: 09-2-03 PLAINTIFF: NAME and ADDRESS rsLbs1U=Q3 R DOROTHY Ma Nam.: Rpn. , C/O PO BOX 2013 RICRIRD B. Dt?U648lit1'! J=Z IIfI11111-(#.010170907015) AdOna°" 98 $' »fOL1? DR S'!Iilr:, 1, SLC ! Pal 17055 HHOia, PA -+ << "' s 141 .,Ip :'f 7,2:8-280`5 1?025 DEFENDANT- NAME AndADDh99& ?I3.Z ;< H>Itt81F ;400HIORS;SW ]=LAS PA-17025 DOROTHY ELLI?IIBBRC;31R L J C/O PO BOX 2013 Docket No.: CV-0000268-07 HRI= 120 (#010170907015) Date Filed: 9/06/07 IIX=LXIC88DR6, PA 17055 THIS IS TO NOTIFY YOU THAT: -F Oit © Judgment was entered for: (Name) >8LL>?B3YAEY. DOROTHY © Judgment was entered against: (Name HABIBI, HA88AH in the amount of $ 4,538.60 Defendants are jointly and severally liable. DAmaget will be assessed on,Date &' ime 7#ri case dismissed vvittrout prejudice.. k ? _ Amount of Judgment Subfect to Attachment/42 Pa iC.S. § &127 , Portion of Judgment for physical damages arising out of residential lease $ a Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED. IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE :., ;J #104 ELECTS: 4 NTE IiEJUDGMENT#9THEfiQWMP.CAMMON-PLEAS;,.ALL PURTMERPRWN MUST ' . => COME Fl" THE COURT OF COMMON'PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My commission expires first Monday of January, 2012 AOPC 315-07 SEAL DATE PRINT: 3/25/08 10:3700 AN EXHIBIT "B" 07/07/2008 11:51 FAX fa 005 o. M. TI. ' O IS' V h: mailk, tv M oil ?a EXHIBIT "C" 07/07/2008 11:51 FAX lih 004 COMMONWEALTH OF PENh;SYLVANIA COUNTY OR 9"IllinnZAAAMW M.p. DW. Nm: 09-1-03 MDJ NW= "M RIC AM11 0. DOOMMT1 AA4NR 98 S ED011 DAL 0'X'5 1 RNMA, P, Taphww (717) 728-1605 17025 ATIOMMY 'FOR PL MITIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF; NAME BW ADDRECs rsr.ummam, DOROTST C/O PO BOX 2013 ER=R =6 (0010170907015) LMZCXANXCSBVW, Psi 17055 J vs. DEFE1`)DMI7'; NAME and ADDREiB rm- o x, i11[11Asm "l 400 8I11M 2TREW B?OL>l, Pik 17025 11112 MY L. BONIAMM L -? 301111111AR M ATRJW Docket No.: CV-0000268-07 PO '91M 109 Date Filed: 9/06/07 L»!R!, PAL 17043 THIS IS TO NOTIFY YOU THAT. Judgment: PO: PL8331117!! (Date of Judgment) 3/25/08 l? Judgment was entered for. (Name) . 00202H'= © Judgment was entered against: (Named In the amount DF g 4, 536.6 11 Defendants a;e jointly and severally liable. Damages will 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 residentia; lease $- Amount of Judgment $ 4, 381.1 Judgment Costs $?33T.3i Interest on Judgment $ Attorney Fees $ :ITO Total $ 4,536.61 Post Judgment Credits $ Post Judgment Costs Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT SY FILING A NOTICE OF APPEAL WITH TI# PROTHONOTARY=MK OF THE COURT OF COMMON PLEAS, CIVIL DIVt Kit YOU MUN 194CLUDE A COP V OF THIS NOTICE OF JUDGMENT/1RANSCRiP17 FORM WITH YOUR NOTICE OF APPEAL EXCWrJ AS OTHWWIISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISiTFMCT JUDGW IF THE JUDOI? HOLDER ELECTS TO ENTER THU JUOQMENT IN THE COURT OF COMMON PLI MB. ALL FURTHER PROCESS MusT COM FR= THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL 018TRICT JUDGE. THE MIGIVENT IS ENTERED IN THE COURT OF COMMON PLEAS. ANYONE IN'TE p IN THE JUDGMENT MAY FILE A Rl01I88I FOR ENTRY OF SAT'ISFACTM WITH THE MAGISTERIAL DISTRICT JUDSIE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLM, OR OTHERWISE COMPLIES WITH THE JUDGMENT. RECEIVIND OR z e moe JOHNAON-DUES 2 6 2008 htaaf9te,-lal District Judge f?oNtMy that this is a Irta3 Co py f * dincjs mr.'alning the jud"ent. t- ; ta,stsrial Dis;rlct Judge ?My commission expires Brat Monday of January . 20612 SEA1. MY 0 t lr DATE P:INTEps 3/25/00 10:37:00 AX EXHIBIT "D" EXHIBIT "E" 07/01/2008 15:12 FAX 7177952315 ERIE INS Q003 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILI.IAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East Nigh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERoM : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.08-2569 HASSAN HABMI, CIVIL ACTION - LAW Defendant. JURY TRL LL DEMANDED Notice is hereby Si that a Judgment of Non Pros in the abovecaptioned matter has been entered against you on 17 2008. If y" have any questions rgwdmg this Notice, please contact the filing pally. MAR N LAW OFFI BY G&W B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant (11is Notice is given in accordance with Pa. R.C.P. 236.) Notice sent to: Ms. Dorothy Ellenberger C/o P.O. Box 2013 Mechanicsburg, PA 17055 07/01/2008 15:12 FAX 7177952315 ERIE INS George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High. Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 0004 DOROTHY ELLENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff. : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2369 : CIVIL ACTION - LAW HA.SSAN HABIBI, Defendant. : JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment of non pros in the above-captioned action for failure to file a Complaint, puraamt to Pa. R.C.P. 237. 1. and Defendant, Hassan Habibi's Rile issued April 22, 2008, served on Plaintiffou April 23, 2008, agahtst Plaintiff, Dorothy Ellenba rger, in favor of fit, Hassan Habi"bi. I do hereby certify that the attached Notice is a true and correct copy of the original Notice of Intention to Enter Default Judgment of Non Pros that was mailed to the Pla muff on the 11d' day of June„ 2008, Pu m nt to Pa. R.C.P. 237.1. MAR W OFFI By George B. FAller, Jr., Esquire I.D. No. 49813 Tea East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2008 Attorneys for Da* ndant 07/01/2008 15:12 FAX 7177952315 ERIE INS F: FILgS?CTisr.U?0I91U01i.1 a1w pn.lbm C+aS* *m,at 0"m "imd: 6/IIMli J13AM George B. Falter, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF W LLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Defendant Q005 DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff; CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2569 : CIVIL ACTION - LAW HASSAN HABIBI, . Defendant. JURY TRIAL DEMANDED TO: DOROTHY 91-T WBERGER, Plsfaiiff do P.O. Box 2013 Mecbanlesborg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FARM TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WM11K TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING} AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT WRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. O Dated: June 11, 2008 Cumberland County Lawyer Referral Service Cumbadand County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone.-(717) 249-3166 MARTSON LAW OFFICES y} ?? 4 By tp#?- George B. Faller, Jr., E3quirc'JA498 t 3 Ton East High Street Carlisle, PA 17013 - (717) 243-3341 Attorneys for Defendaant 07/01/2008 15:12 FAX 7177952915 ERIE INS Q006 of the I, Melissa A. Scholly. an authorized agent for Manson Law OfficM hcrebY ccrafythat a copy foregoing Praecipe was sCrvvd this date by depositing same in the Post Office at Carlisle, PA first class mail, Postage prepaid, addressed as follows: Ms- Dowthy EIIanb gw do P.O. BOX 2013 Mehanic8burg, PA 17055 MARTSON LAW OFFICES $y ?Cx Q? Melissa A. Scl?olly TCn East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 27, 2008 EXHIBIT "F" Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER as subrogee of ERIE INSURANCE GROUP, ; Plaintiff V. HASSAN HABIBI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW, this 7th day of July, 2008, comes the Plaintiff, Dorothy Ellenberger, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Complaint and in support thereof, avers as follows: 1. The Plaintiff, Dorothy Ellenberger is an adult individual currently residing at 207 Four Seasons Lane, Enola, Pennsylvania. 2. The Plaintiff is insured by Erie Insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance°), is a corporation registered to do business in Pennsylvania with a place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. The Defendant, Hassan Habibi is an adult individual who currently resides at 400 High Street, Enola, Pennsylvania. 4. On or about February 21, 2007, Plaintiff was traveling on Four Seasons Lane, attempting to return to her residence. 5. Defendant was parked in a parking space perpendicular to Four Seasons Lane, and began to back out as Plaintiff's vehicle was traveling lawfully in the roadway. 6. As Defendant backed out into oncoming traffic on Four Seasons Lane, he struck Plaintiff's vehicle, making impact at the right rear wheel, causing damage. COUNT I - NEGLIGENCE Dorothy Ellenberger v. Hassan Habibi 7. Plaintiff incorporates Paragraphs 1-6 herein as if set forth in full. 8. As a result of Defendant's negligent operation of his motor vehicle, Plaintiffs vehicle was damaged. 9. Defendant's negligence consisted of a. Failure to yield to a vehicle with the right of way before entering the roadway; b. Operating his vehicle in a careless, reckless and negligent manner; C. Failure to ensure a that the vehicle maneuver he was attempting could be made safely prior to attempting such maneuver; d. Failure to yield the right of way to vehicles approaching on the roadway which Defendant was attempting to enter in violation of 75 Pa. C.S.A. § 3324, which constitutes negligence per se; e. Moving a parked vehicle at a time when the movement could not be made safely in violation of 75 Pa. C.S.A. § 3333, which constitutes negligence per se; and Failure to observe the rights of other vehicles traveling lawfully in the roadway; 10. Plaintiff suffered damages in the amount of $4318.18. See Evidence of Plaintiffs damages attached hereto as Exhibit °A°. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to open the grant judgment in her favor in an amount sufficient to submit this case to compulsory arbitration. JOHNSON, DUFFIE, STEWART & WEIDNER By: ? Ke ly . Bo Attorney fo PI tiff Date: 07/07/2008 11:51 FAI VEMCAT ION I. Sandra Goodling have read the foregoing Complaint and hereby affirm that it is true and =red to the best of my personal knOW609e. or pNorrnauon and belief. This verification and statement is made subject to the penaltin of 18 Pa. C.S.A. §4904 relating to unswom faisific adon to aulborities; I verify that all the statements made in the foregoing am true and consot and that false statements may subject me lo the penalties of 18 Pa. C.S.A. §4804. Erie Insurance Group Sandra Goodling [a 003 Date: CERTIFICATE OF SERVICE AND NOW, this day of July, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petitioner to Open 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bonanno EXHIBIT "A" •. 03/26/2007 AT 02:59 PM JOBRNUMBER?DLING S LAWRENCE CHEVROLET FEDERAL ID #:232147212 WE'LL BE THERE! 6445 CARLISLE PIKE P.0. BOX 510 MECHANICSBURG, PA 17050 (717)766-0284X3345 FAX: (717)918-2999 ESTIMATE OF RECORD WRITTEN BY: CARL CRONE #131104 03/26/2007 02:59 PM ADJUSTER: KLINGER, DANIEL E. (717)795-2282 INSURED: DOROTHY ELLENBERGER OWNER: DOROTHY ELLENBERGER ADDRESS: 207 FOUR SEASONS LANE ENOLA, PA 17025-0000 EVENING: (717)732-4889 INSPECT LOCATION: INSURANCE ERIE INSURANCE GROUP COMPANY: 4901 LOUISE DRIVE P.O. BOX 2013 MECHANICSBURG, PA 17055 CLAIM #010170907015001 POLICY #Q070309822 DEDUCTIBLE: $500.00 DATE OF LOSS: 02/21/2007 AT 04:30 PM TYPE OF LOSS: COLLISION POINT OF IMPACT: 2. RIGHT FRONT PIL DAY : 0- BUSINESS: (717)795-2282 DAYS TO REPAIR 2005 CHEV MALIBU LS 6-3.5L-PI 4D SED GRAY INT:GRAY VIN: 1G1ZT54835F302357 LIC: ERZ932B PA PROD DATE: 05/2005 ODOMETER: 21709 CONDITION: GOOD AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL TELESCOPIC WHEEL INTERMITTENT WIPERS KEYLESS ENTRY BODY SIDE MOLDINGS DUAL MIRRORS ROOF CONSOLE TRACTION CONTROL CLEAR COAT PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER DRIVER SEAT POWER MIRRORS POWER TRUNK/TAILGATE AM RADIO FM RADIO STEREO SEARCH/SEEK CD PLAYER ANTI-LOCK BRAKES (4) DRIVER AIR BAG PASSENGER AIR BAG 4 WHEEL DISC BRAKES CLOTH SEATS BUCKET SEATS AUTOMATIC TRANSMISSION -------- OVERDRIVE ---------------------- - ALUMINUM/ALLOY WHEELS NO. OP. ---- DESCRIPTION ---------------------- --- QTY - --------------------------- EXT. PRICE LABOR PAINT 1 FRONT BUMPER --- --------------------------- 2 O/H FRONT BUMPER 2.0 3* REPL A/M BUMPE R COVER * 1 250.00* INCL. 2.6 4 ADD FOR C LEAR COAT 1.0 5 FRONT LAMPS 6* REPL RT RECON HEADLAMP ASSY +25$ * 1 162.50* 0.3 7 GRILLE 8 REPL MOLDING 1 179.13 0.4 1 03/26/2007 AT 02:59 PM Req: GOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY --------- NO. --------- ------- OP. ------- ------------------------------ DESCRIPTION ------------------------------ ----------------- QTY EXT. PRICE --------- ------- LABOR --------- PAINT 9 REPL EMBLEM 1ST DESIGN -------- 1 25.33 ------- INCL. --------- 10 RADIATOR SUPPORT 11* RPR UPPER TIE BAR S 1.0* 1.0 12 HOOD 13 BLND HOOD 1.5 14 FENDER 15 REPL RT FENDER 1 187.29 2.0 1.8 16 ADD FOR CLEAR COAT 0.7 17 ADD FOR EDGING 0.5 18 DEDUCT FOR OVERLAP -0.3 19 FRONT DOOR 20# RPR RT FT DOOR FRAME 1.0 21 REPL RT OUTER PANEL 1 217.16 5.0 2.0 22 OVERLAP MAJOR ADJ. PANEL -0.4 23 ADD FOR CLEAR COAT 0.3 24 ADD FOR MIRROR 0.3 25 ADD FOR EDGING 0.5 26 ADD FOR INSIDE 0.5 27 REPL RT BODY SIDE MLDG PAINT TO 1 65.17 0.3 0.4 MATCH 28 OVERLAP MINOR PANEL -0.2 29 ADD FOR CLEAR COAT 0.1 30 REAR DOOR 31# RPR RT RR DOOR FRAME 1.0 32 REPL RT OUTER PANEL 1 221.45 5.0 2.0 33 OVERLAP MAJOR ADJ. PANEL -0.4 34 ADD FOR CLEAR COAT 0.3 35 ADD FOR EDGING 0.5 36 ADD FOR INSIDE 0.5 37 REPL RT BODY SIDE MLDG PAINT TO 1 53.71 0.3 0.3 MATCH 38 QUARTER PANEL 39* RPR RT QUARTER PANEL 8.0* 2.0 40 OVERLAP MAJOR ADJ. PANEL -0.4 41 ADD FOR CLEAR COAT 0.3 42 REFN FUEL DOOR 0.3 43 OVERLAP MINOR PANEL -0.2 44 ADD FOR CLEAR COAT 0.1 45 R&I FUEL DOOR 0.3 46 REAR LAMPS 47 R&I RT TAIL LAMP ASSY 0.3 48 REAR BUMPER 49 R&I R&I BUMPER COVER 1.0 50* RPR BUMPER COVER 1.0* 3.0 51 ADD FOR CLEAR COAT 1.2 52# MISCELLANEOUS OPERATIONS 1 53# CAR COVER 1 5.00 T 0.2 54# HAZARDOUS WASTE REMOVAL FEE 1 3.50 T 2 Req: GOODLING S 03/26/2007 AT 02:59 PM JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY ---------- NO. ------------------------------------- OP. DESCRIPTION ------- - - ----- QTY ----- --------------------------- EXT. PRICE LABOR PAINT -- ---------- 55# - - -------------------------- FOUR WHEEL ALIGNMENT 1 ------------------------- 69.95 T M 56# AIM HEADLIGHTS 1 T 0.5 57# CORROSION PROTECTION 1 5.00 T 0.1 58# TINT 1 T 0.5 59# FLEX AGENT 2 12.00 T 60# REPL 3M PANEL BONDING ADHEISIVE 1 42.00 ---------- -------------------------------------- SUBTOTALS =_> ---- --------------------------- 1499.19 29.7 22.3 PARTS 1403.74 BODY LABOR 29.7 HRS @$ 42.00/HR 1247.40 PAINT LABOR 22.3 HRS @$ 42.00/HR 936.60 PAINT SUPPLIES 450.00 SUBLET/MISC. ------------------ --------------- 95.45 SUBTOTAL - ---------- $ -------- 4133.19 SALES TAX $ 4133.19 @ 6.0000$ 247.99 GRAND TOTAL $ 4381.18 ADJUSTMENTS: DEDUCTIBLE 500.00 ---------------------------------------------------- CUSTOMER PAY $ 500.00 INSURANCE PAY $ 3881.18 3 Req: GOODLING S 03/26/2007 AT 02:59 PM JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY THIS IS NOT AN AUTHORIXATION TO REPAIR. THE VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMENT IS MADE. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM ERIE INSURANCE ON REQUEST. ABBREVIATIONS WHICH MAY HAVE BEEN USED IN THE APPRAISAL ARE DIFINED AS FOLLOWS- D = DISCONTINUED PART, A = APPROXIMATE PRICE, B = BODY LABOR, D = DIAGNOSTIC, E = ELECTRICAL, F = FRAME, G = GLASS, M = MECHANICAL, P = PAINT LABOR, S = STRUCTURAL, T = TAXED MISCELLANEOUS, X = NON TAXED MISCELLANEOUS, ADJ = ADJACENT, A = ALIGN, A/M = AFTERMARKET, BLND = BLEND, CAPA = CERTIFIED AUTO PARTS ASSOCIATION, D&R = DISCONNECT AND RECONNECT, EST = ESTIMATE, EXT. PRICE = UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL = INCLUDED, MISC = MISCELLANEOUS, NON - ADJ = NON ADJACENT, O/H = OVERHAUL, OP. = OPERATION, NO. = LINE NUMBER, QTY = QUANTITY, QUAL RELY = QUALITY RECYCLED PART, QUAL REPL = QUALITY REPLACEMENT PART, RECOND = RECONDITION, REFN = REFINISH, REPL = REPLACE, R&I = REMOVE AND INSTALL, R&R = REMOVE AND REPLACE, RPR = REPAIR, RT = RIGHT, SECT = SECTION, SUBL = SIBLET, USED = RECYCLED PARTS OF LIKE KIND AND QUALITY, OR BETTER, E.P.C. = ENVIRONMENTAL PROTECTION CHARGE,. LT = LEFT, W/O = WITHOUT, W/ = WITH/, # = MANUEL LINE ENTRY, * = OTHER [I.E., MOTORS DATABASE INFORMATION WAS CHANGED], ** = DATABASE LINE WITH AFTERMARKET PART INCLUDED, N = NOTES ATTATCHED TO LINE. 4 03/26/2007 AT 02:59 PM Req: DOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:D=DISCONTINUED PART A=APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RELY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. NWCPP=NATIONWIDE CRASH PARTS PROGRAM. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. ESTIMATE CALCULATED USING A PRESET USER THRESHOLD AMOUNT FOR THE PAINT AND MATERIAL COST. 5 03/26/2007 AT 02:59 PM Req: GOODLING S JOB NUMBER: ESTIMATE OF RECORD 2005 CHEV MALIBU LS 6-3.5L-FI 4D SED GRAY INT:GRAY ESTIMATE BASED ON MOTOR CRASH ESTIMATING GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE DRlCP04 DATABASE DATE 02/2007, CCC DATA DATE 02/2007, AND THE PARTS SELECTED ARE OEM-PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM (OPTIONAL OEM) OR ALT OEM (ALTERNATIVE OEM) PARTS ARE OEM PARTS THAT MAY BE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OEM VEHICLE DEALERSHIPS. OPT OEM OR ALT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. OPT OEM OR ALT OEM PARTS MAY INCLUDE BLEMISHED PARTS PROVIDED BY OEM'S THROUGH OEM VEHICLE DEALERSHIPS. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN M ITEMS INDICATE MOTOR NOT-INCLUDED LABOR OPERATIONS. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RELY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECORD. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND BENCHMARK PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS. LABOR OPERATION TIMES LISTED ON THE LINE WITH THE NAGS INFORMATION ARE MOTOR SUGGESTED LABOR OPERATION TIMES. NAGS LABOR OPERATION TIMES ARE NOT INCLUDED. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 6 . No Label No Label No Label No Label j Claim Reference Id 010170907015001 File Name PHOT015 File Date 0=612007 Label Note Style:S, CHEV, MALIBU LSE kaend:ELLENBERGER, DOROTHY1 LossOate:0 2/2 110 7 1 CleimNumber:01017000701511 11 PoNWNumber.Q0703090221 CkknRW" Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170!07015001 Floe Name PHOTOIS File Data 03126r2007 Label Nob SW A CHEV, MALIBU Lill kwured:ELLENSERrsEP, DOROTHY) Lowowia:9=11071 CkNmNum60r.0101700070150011 PoNcyt*mdw:QW'03009M ClabratWes Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT014 File Date 0312612007 Label Nob Style:S, CHEV, MALIBU 1.31 kisured:ELLENBERGER, DOROTHYi LossDate:0M111171 ClaimNumber 0101700070150011 PdieyNumber,0070309111M CleknRepros Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Reference Id 010170907015001 File Name PHOT013 File Date 03!26/2007 Label Nob Style:S, CHEV, MALIBU LS1 Msured:ELLENBERGER, DOROTHY{ LossDate:021211071 ClaimNumber.0101709070150011 PolicyNumber.00703096221 Claimft"s Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator EW .', • No Label No Label No Label No Label Claim Reference Id File Name FIN Date Label Note Photo Location Photo Taken By Eatimeb Indicator Claim Reference Id File Name File Data Note Photo Location Photo Taken By EsUmste indk:ator Claim Reisr once Id File Name File Date NOW Photo Location Photo Taken By Estimab IndieaW Claim Reference Id File Name Fib Dab Label Nob Photo Location Photo Taken By Estimate Indicator 010170907015001 PHOT012 0312612007 Style:S, CHEV, MALIBU LSI koured:ELLENSERGER, DOROTHYI LosaDa1a:02/Z11071 CIalmNumber:01017090701S001I PoUcyNumber.Q070309MI CWmRsPres LAWRENCE CHEVROLET CARL CRONE E01 010170907015001 PHOT011 03IM2007 Style:S, CHEV, MALIBU LS) hrsured:ELLENBERGER, DOROTHY1 LossDab:02a11071 CbimNumber.0101709070150011 PolieyNumber-OWM309M CNknRWM LAWRENCE CHEVROLET CARL CRONE E01 010170907015001 PHOTO10 0310112007 Sty%:5, CHEV, MALJSU LSi lnsured:ELLENSERGER. DOROTHYI LoasDab:021211071 Cbimilumbec01017090701 M011 PolicyNumber:00703098221 ClaimRePrea LAWRENCE CHEVROLET CARL CRONE E01 010170907015001 PHOT09 0310112007 StyN:S, CHEV, MALIBU LSI krsured:ELLENBERGER, DOROTHYI LossDab:02121/071 ClaimNumber.01017090701 S0011 PoncyNumber:00709098221 CNimitepres LAWRENCE CHEVROLET CARLCRONE E01 .'„ • No Label No Label No Label No Label Claim Reference Id 010170907015001 File Nam PHOT08 Flle Dab 030112007 Label Nob Style:% CHEV, MALIBU LSD kuuntd:ELLENSERGER, DOROT" LosaDate:02M/071 ClatmNumber:010170907015001 Pollcyllumber.Q07030911221 Claknit" ee Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate indicator E01 Claim Rob once Id 010170907015001 File Name PHOT07 File Data 03!0112007 Label Note St le:5, CHEV, MALIBU 1-81 Inaursd:ELLENBERGER, DOROTHY LossDate:02f211071 ClalmMumber:010170907015001 Policythusber:Q0703089221 CWmRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Clain Reference Id 01 017 0 9 0701 5 0 01 File Name PHOTOti Fite Dab 03/0112007 Label Note Style:S, CHEV, MAL 03U LSI kranred:EL LENBERGER, DOROTHY Lo"Date:02021(07I ClalmNumber:010170INIM 5001 PollcyMumber:Q070J011a221 CkrimRepres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 Claim Raf rence Id 010170907015001 File Name PHOT05 File Date 03/0112007 Label Note Style:S, CHEV, MALIBU LSD lnsured:ELLENBERGER, DOROTHY LoseD8te:02f21/071 ClaimNumber.010170907013001 PollcyNumber:00703098221 CleimRepms Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 No Label No Label NO Label No Label Claim Reference Id 010170907015001 File Nam PHOT04 Fib Dab 03MrMT Label Nob Styb:S, CHEV, MALNU LSI knured:ELLENBERGER, DOROTHY Losdbts:02121107j Cbk**xwbsr01017090701500i j PollcyU mbe Q070301111M CbimRRpres Photo Location LAWRENCE CHEVROLET Photo Talon By CARL CRONE Esdmats Indicator E01 Claim Reference k1 010170907015001 File Name PHOT03 FIB Dab Label 03/01/2007 Nob Style* CHEV, MALMU LSI k»um&ELLENBERGER, DOROTIM Lo"Dow.sa wi Clam sHurmber0101709p7015001 P01icyNember:Q070309922j CblmItepm Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estknate Indicator E01 Cbkn Reference Id 010170907015001 Fib Name PHOT02 Fib Dab 0 310 020 07 Label Note Styb:S, CHEV, MALMU 1.81 Insuwd:ELLENBERGER, DOROTHY L.o"Datr.OM/071 Clahmumber:010170907015001 l PolicyNumber:Q070309924 CbimRspres Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indkxtw E01 Clakn Reference id 010170907015001 Fib Name PHOT01 Fib Dab 0310112007 Label Note Styb:5, CHEV, MAL13U LS) houred:ELLENSERGER, DOROTHY LossDate:02011071 ClaimNumber.010170907015001 J PoilcyNumber:Q07030111=1 ClaimRspme Photo Location LAWRENCE CHEVROLET Photo Taken By CARL CRONE Estimate Indicator E01 C o tea, ' C m JUL 0 8 2008 DOROTHY ELLENBERGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-CV-2569 V. CIVIL ACTION - LAW HASSAN HABIBI, JURY TRIAL DEMANDED Defendant RULE TO SHOW CAUSE AND NOW, this nl ` day of July, 2008, the Plaintiff herein is directed to show cause why the Petition to Open Judgment, should not be granted. Ruletetumable in zc days. J. Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for the Plaintiff George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant 44 . -07 VINVAIA&NN3d AMOY) L9 .s Na o i inr oooa AWIWHiow 3Fa do 301:L4C?-OMU F:1FaXSX1=tt\ 13019\ 13019. t .mot l . wpd COM49h 912OM4 0:06PM Rev nd: 7/31/08 10:31AM 13019.1 George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2569 CIVIL ACTION - LAW HASSAN HABIBI, Defendant. : JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME TO ANSWER RULE NOW COMES the Defendant Hassan Habibi, by and through his counsel, MARTSON DEA.RDORFF WILLIAMS OTTO GILROY & FALLER, and herebymoves for an extension of time to Answer this Court's Rule to Show Cause, and in support thereof states as follows: 1. This case arises out of a motor vehicle accident on February 21, 2007. 2. Dorothy Ellenberger ("Plaintiff") alleges that Hassan Habibi ("Defendant") backed into her lane of travel, striking her vehicle. 3. Erie Insurance Group, Plaintiff s insurer, filed a Complaint on behalf of Plaintiff on September 6, 2007. 4. A hearing on Plaintiffs Complaint was held before District Justice Richard S. Dougherty on March 25, 2008, and judgment in the amount of $4,538.68 was entered in favor of Plaintiff. 5. On or about April 23, 2008, a Notice of Appeal and Rule to File a Complaint were served on Plaintiff c/o Erie Insurance. 6. On June 11, 2008, Defendant served Plaintiff with a 10 Day Notice. 7. On June 27, 2008, a Judgment of Non-Pros was entered against Plaintifff. 8. Plaintiff filed a Petition to Open Judgment Non-Pros on July 7, 2008. 9. This Court issued a Rule to Show Cause on July 9, 2008. The Rule was returnable 20 days after service. 10. Defendant contends that he has valid insurance coverage through either his personal insurance with Nationwide Insurance or through his employer's insurance. 11. If Defendant has coverage through Nationwide Insurance, then this matter would be subject to intercompany arbitration. 12. On July 17, 2008, Plaintiffs counsel provided Defendant with correspondence indicating that Nationwide was denying coverage for this claim. A copy of this correspondence is attached hereto and incorporated as Exhibit "A." 13. Counsel for Defendant contacted counsel for Plaintiff and requested an extension of time in which to file an answer to this Court's Rule to Show Cause. 14. On July 30, 2008, counsel for Plaintiff notified Defendant's counsel that she did not concur in the request for an extension. A copy of this correspondence is attached hereto and incorporated as Exhibit "B." 15. The attorney responsible for this matter on behalf of Defendant is on vacation until August 11, 2008. 16. This matter was previously assigned to the Honorable Kevin Hess. WHEREFORE, Defendant requests an extension of thirty (30) days in which to file an answer to this Court's Rule to Show Cause. MARTSON LAW OFFICES B -) Y George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2008 Attorneys for Defendant i4m . o.?, it'lon R. !)lFi lr RICII:IRU 1%. SrE1A 1iil C. Rl)1 P.I.II)\ER. Iii. Fa11L\U 6,. tit DiS 1) 1\ fU IV, 1?rLCC:. 1{)II\.1 SIAILIR II F1 L:Rtilt\ 1. SIIIPII,1\ Ilan rn 13. INvi rIG Ku%I\ F c),auR\l. R:1LI'II 11. U N01T. II( .\I.lhh C. DI_ITIF Jim\ R. Nimism \llt 11 wl. I. ("\,tisl )l OHNSON J DUFFIE July 17, 2008 VIA FACSIMILE - 243-1807 George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Re: Dorothy Ellenberger v. Hassan Habibi Docket No. CV-268-07 Dear Mr. Faller: 11rl 1?ti:1 PI 1:1. (3111,1: ' \.I ROM;, III M. WALKER \k wl. 0. lI l\I,l \ 1:1 IL 1 1). 5\()4 I'R Kri.l.) L.li()\1.\\U OF COUNSEL I1lni.v ii A. Inllv'wy F LI l[ Snlhlt:l\ I'llt i-_IIIIhI Enclosed please find the insurance documentation we spoke about earlier on the phone. I was mistaken in that this denial of coverage is from Nationwide Insurance, which is your client's personal auto policy. As you already know, their denial of coverage is based upon the allegation that Mr. Habibi was working within the scope of his employment at the time of the accident. It is my handwritten notes when I received this file that the employer's insurance also denied coverage, however, I do not have the name of the employer or its insurance company. As I recall, Mr. Habibi explained to me that he did not want to submit this claim to his employer's insurance because he was not working at the time of the incident. Although I agreed that if coverage were available with Nationwide, this case would be arbritable through ICA. At this time there is no evidence of that, and therefore I see no other way to pursue this matter than that which is presently underway. In the meantime should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Kelly L. B a o KLB:mer 337962 Enclosure X01 MARKET STRL'ET PU. BOX IN LEMON NE, PIIN\S)L\:-1\IA I -J)43 011)9 t1'11'l1.iDSW-COM 17.7h1.4i40 F.-11:11;.;61.3015 %1A1L§j1W\.C011 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Exhibit "A" Nationwid6° On Your Side PO Box 2655 • Harrisburg, PA 17105-9971 ' • June 4, 2007 Erie tcrer? claim#010170907015 PO Box 2013 Mechanicsburg, PA 17055-0710 OUR INSURED : Hassan Habibi OUR CLAIM NUMBER : 58 37 D 869054 02212007 01 DATE OF LOSS : 02-21-2007 Dear Sir or Madam: We have completed our investigation and we have determined that there is no coverage for this loss. Any questions can be directed to the adjuster below at the number listed below. Sincerely, Nationwide Insurance Company of America Ryan Klos Claims Department 1-(800)889-9872 Ext. 6578 J? Q? Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such a person to criminal and civil penalties. •* Rtl tt:If?xA?lx Nit \I.1 MII 07/30/2008 14:52 FAX 717 761 3015 )F,RRY R. DLFFik RICI IARD W. STGWART C. Roy WEIUN@R. JR FnHt]Nn G. MYRAS llAVIU W. DFLUCF: JOHN A. STATUR II3rmRSON I. SHIPMAN 1w'Rl:Y N. Kvrnr KEVIN I:_ OSRORNE RAI,PH H. WRICHT. JR. MARK C. I)UFFII; JOHN R NLNomy MICIIALL 1. CASSOY JOSSW 1a002/002 NIFUSSA PF,EL GRREVY ROURT M. WALKLA WAnf. 1). MANUN E1.IZA mi U. SNOVF[t LAW OFFICES KELLY L.1IONANNO OHNSON COUNSPI. o HORACF: A. JO HN. nV D UFFIE F. LGL S il 1P:t. g .' wRiTh.R%I%x,r ucj I I1 1'; MAI-, k1baidw.v m July 30, 2008 VIA FACSIMILE - 24-1807 George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Re: Dorothy Ellenberger v. Hassan Habibi Dodcet No. CV-288.07 Dear Mr. Faller. Upon further consideration of your request for an extension to file a response to the Rule to Show Cause in this case, t do not believe I can grant an extension for such a matter. While I understand your position that this came may be appropriate for IC& 1 do not believe that has any bearing on whether the Judgment In this case should be opened at the present time because you still do not have any indication that coverage will exist. Furthermore, I do not believe that such an extension is In the best Interest of my clients. If you intend to oppose our Petitial to Open, It Is my position that you should do so within the time allotted by the Rule to Show Cause. If coverage is later discovered, I would not object to submitting this matter to ICA. Finally, 1 have been Instructed by my client that I do not have the authority to grant an extension on this matter for the thirty (30) days you are requesting. I apologize for any inconvenience this may cause. In the meantime should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, 0 J HNSON, DUFFIE, STEWART & WEIDNER Kelly L. onanno K1B:mer.339M 301 MA1UM STREET P.O. BOX 109 LFJAOYNE, PENNSYLVANIA 17043-0109 WWWJr.,W.COM 717.7hI.4540 FAX:717.761.3015 MA11.II#II)SWCOM JOHNSON, DUFFIE, STEWART fir WF.IUNER, P.C. Exhibit "B" CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion for Extension of Time to Answer Rule was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kelly L. Bonanno, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 MARTSON LAW OFFICES By: (rQ'L/nk- 0 Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 31, 2008 q AUA 0110U11? DOROTHY ELLENBERGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2569 CIVIL ACTION - LAW HASSAN HABIBI, Defendant. JURY TRIAL DEMANDED ORDER AND NOW, this S" day of 2008, upon consideration of the foregoing Motion for Extension of Time to Answer Rule, it is hereby ORDERED that Defendant is granted a thirty (30) day extension in which to file an answer to the Rule to Show Cause issued by this Court on July 9, 2008. cc: K L. Bonanno, Esquire ohnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff J rge B. Faller, Jr., Esquire TSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorneys for Defendant BY THE COURT: VAN v:h jr`?S`i':`???m.J 1 Z :ZI I4d S- 9nV 8042 J do. jHi Q ni NOV 1 7 2008 Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com DOROTHY ELLENBERGER, Plaintiff V. HASSAN HABIBI, Defendant NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this i 9` day of ??ew.,.G?r , 2008, upon consideration of the attached Petition and all parties failing to have shown cause why the relief requested on the Petition to Open Judgment Rule to Show Cause is made ABSOLUTE and the Petition to Open Judgment of Plaintiff, Dorothy Ellenberger is hereby GRANTED. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT: tvr::? .111 :Z 'd 6 1 AON BOOZ Johnson, Duffie, Stewart & Weidner By: Andrew P. Dollman I . D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 apd@jdsw.com DOROTHY ELLENBERGER as subrogee of ERIE INSURANCE GROUP, Plaintiff V. HASSAN HABIBI, Defendant NOTICE NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VA YA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Johnson, Duffle, Stewart & Weidner By: Andrew P. Dollman I.D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 apd@jdsw.com DOROTHY ELLENBERGER as subrogee of ERIE INSURANCE GROUP, Plaintiff V. HASSAN HABIBI, Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW, comes the Plaintiff, Dorothy Ellenberger, by and through her counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Complaint and in support thereof, avers as follows: 1. The Plaintiff, Dorothy Ellenberger is an adult individual currently residing at 207 Four Seasons Lane, Enola, Pennsylvania. 2. The Plaintiff is insured by Erie Insurance Company more properly referred to as Erie Insurance Group (hereinafter "Erie Insurance"), a corporation registered to do business in Pennsylvania with a place of business at 4901 Louise Drive, Mechanicsburg, PA 17055. 3. The Defendant, Hassan Habibi is an adult individual who currently resides at 400 High Street, Enola, Pennsylvania. 4. On or about February 21, 2007, Plaintiff was traveling on Four Seasons Lane, attempting to return to her residence. 5. Defendant was parked in a parking space perpendicular to Four Seasons Lane, and began to back out as Plaintiff's vehicle was traveling lawfully in the roadway. 6. As Defendant backed out into oncoming traffic on Four Seasons Lane, he struck Plaintiff's vehicle, making impact at the right rear wheel, causing damage. COUNT I - NEGLIGENCE Dorothy Ellenberger v. Hassan Habibi 7. Plaintiff incorporates Paragraphs 1-6 herein as if set forth in full. 8. As a result of Defendant's negligent operation of his motor vehicle, Plaintiff's vehicle was damaged. 9. Defendant's negligence consisted of: a. Failure to yield to a vehicle with the right of way before entering the roadway; b. Operating his vehicle in a careless, reckless and negligent manner; C. Failure to ensure that the vehicle maneuver he was attempting could be made safely prior to attempting such maneuver; d. Failure to yield the right of way to vehicles approaching on the roadway which Defendant was attempting to enter in violation of 75 Pa. C.S.A. § 3324, which constitutes negligence per se; e. Moving a parked vehicle at a time when the movement could not be made safely in violation of 75 Pa. C.S.A. § 3333, which constitutes negligence per se; and f. Failure to observe the rights of other vehicles traveling lawfully in the roadway; 10. Plaintiff suffered damages in the amount of $4381.18. See Evidence of Plaintiff's damages attached hereto as Exhibit "A". WHEREFORE, the Plaintiff respectfully requests that your Honorable Court grant judgment in her favor in an amount sufficient to submit this case to compulsory arbitration. Respectfully submitted, JOHNSON, FFI TE & WEIDNER By: Andrew P. ollman, Esquire Attorney I.D. No. 209466 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs Date: Id 12/10/2008 13:05 FAX 7177932313 VERIFICATION I, Sandra Goodling have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities; 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. §4004. Erie Insurance Group ?a- Sandra Goodling Dated: r 1c)-018 Ia 003/003 C CERTIFICATE OF SERVICE Lot?y AND NOW, this of December, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Complaint 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: George B. Faller, Jr., Esquire Ten East High Street Carlisle, PA 17013 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Andrew P. Dollman t"? r J f it rw i ?D F:\F1LES\C1ients\13019 Habibi\13019.1.ans1 Created: 9/20/04 0:06PM Revised: 1/14/09 2:28PM 13019.1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DOROTHY ELLENBERGER, Plaintiff, V. HASSAN HABIBI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2569 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT NOW COMES the Defendant Hassan Habibi, by and through his counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby answers Plaintiff s Complaint as follows: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Denied pursuant to Pa. R.C.P. 1029(e). 3. Admitted. 4.-6. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I - NEGLIGENCE Dorothy Ellenberger v. Hassan Habibi 7. The averments of Paragraphs 1 through 6 of this Answer are hereby incorporated by reference. 8.-10. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Hassan Habibi demands judgment in his favor and dismissal of Plaintiff s Complaint with prejudice. By George B. Nadler, Jr I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2009 Attorneys for Defendant MARTSON LAW OFFICES • VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 1i) L::,S. "'-I Hass ibi F:\F1LES\Clients\13019 Habibi\13019.1.ansl CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Answer to Plaintiff s Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew P. Dollman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 MARTSON LAW OFFICES By: c C Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 14, 2009 ? ? c?- ca, -.-. ? ` ?:,' ? "3 f? ?... _r,,, r"" y '?; 4? v Johnson, Duffle, Stewart & Weidner By: Andrew P. Dollman I.D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 apd@jdsw.com DOROTHY ELLENBERGER, Plaintiff V. HASSAN HABIBI, Defendant NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBI TRA TORS TO: The Honorable, The Judges of Said Court Andrew P. Dollman, counsel for Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $4,381.18. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as Arbitrators - Andrew P. Dollman, Esquire (Plaintiff) and George B. Faller, Jr., Esquire (Defendant). dil ev*, 4 Attorneys for Plaintiff j JW1 j 7 A f 11:17 ??dhlS YLI?? '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, D I WARY & WEIDNER By: And P. Dollman 301 Market Street P O Box 109 Lemoyne, PA 17043 (717) 761-4540 Counsel for Plaintiff 446157 CERTIFICATE OF SERVICE AND NOW, this c day of June, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition for Appointment of Arbitrators 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: George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 Counsel for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: drew . Dollman F BY THE COURT: J. ?.e rT1 779 ' ? Andrew P. Dollman, Esquire, 301 Market Street, P O Box 109, Lemoyne, PA 17043 V c George B. Faller, Jr., Esquire, 10 East High Street, Carlisle, PA 17013 d?iC.S im, leer Ce?a1 ?1l :... c n .d Imo, Johnson, Duffie, Stewart & Weidner By: Andrew P. Dollman I.D. No. 209466 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 apd@jdsw.com Attorneys for Plaintiff DOROTHY ELLENBERGER, Plaintiff v. HASSAN HABIBI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-CV-2569 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this It day of June, 2011, in consideration of the foregoing Petition, Esquire and 'W4 Esquire ere appointed Arbitrators i the above-ca toned action. DOROTHY ELLENBERGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAN r , vs. CIVIL ACTION - LAW,- M 08-2569 CIVIL NO . HABIBI HASSAN, Defendant ` ORDER AND NOW, this 1401 day of August, 2011, the appointment of E. Ralph Godfrey, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Matthew A. McKnight, Esquire, is appointed in his place. Joseph Buckley, Esquire Chairman, Board of Arbitrators i/ Court Administrator :rlm (0 p y lm. ed 1.4.1 /1 BY THE COURT, K7??ess, P. J. N!j-E AFL -I Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No- V $ - oZ 5 6 7 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wit fidelity. _ i nature ` S' nature Signature A r 'Jusr.n. I?clcVLLl•? Ca A,-0?} _ LLuTFFLi/vrrNeaJ 1-?n??oa i Name (Chairman) I Name Name Law Firm Address Law Firm Address Law Firm 66 WR-Sl- Address 1-W 3 /I1 cr-t?v,i.s .f41 70 50 J J City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ?? Frih yyL i,f 77k N11 )9"-? /Al 7? T i11 D2GA/`r OF Now, the JPy-hday of 20 // , at le,W- , 4 M., the above award was entered upon the docket and notice t ereof given by mail to the parties or their attorneys. Ar to be paid upon appeal: $ 3,50 • e ( ) Prothonotary By: Deputy Notice of Entry of Award l? r?cr? P• 1? C vo c IV) o L a t- 13 ? s _ =u /rP A Zrn z rn -? - r i f c5cF ` ?' e f Aa . lam'/ CD ?'