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HomeMy WebLinkAbout08-2671of IML COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT I I COMMON PLEAS No. 71 0-1 ,1 1 T& rm NOTICE OF APPEAL F; Iec! '4/a 6/03 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAM OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. , &"( F-, -Rc-0 I -- /-/ S IOF i APPELLANT CITY ZIP CODE II i- 1 /l 4&-rr c i,to W -C P& I I I I I- TE OF JUDGMENT IN THE CASE OF (PLAN nHI-) 3-Z1,2 - off C' I?( E- ??I CLAIM NO. vs. W ; IV : 441, A Las SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR C\f -000dL©? - 071 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. signawre o on ry or Deputy If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. 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 w ' ( I %'Q, vv" R • LX4-tClk G-%AJ S ?. , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule r suffer entry o 'udgm t of non pros. Signature of appellant or his attorney or agent RULE: To (!-?' I f ?->r^ A - t-E.L?G.v.j \ t-- , appellee(s) Name of appellee(s) (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. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED N?rr . r U- UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND MULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year by personal service ?by (certttied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , 1:1 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint acoompanying.theabove Novice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , [:]by personal service Mby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature ofAtdant Signature of onlael before wham affidavit was made Tide of oBdal My commission expires on , year N To n J 7,!r7 U Ta r i 7 S6 Cn b C _Jm tD Ti os - aloz l Lava 71-rft r C' CMMONWEALTH OF PENNSYLVANIA rni INTY nF- CUMBERLAND Mag. Dist. No.: 09-1-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBELL, CAROL E 661 LUTHER ROAD HARRISBURG, PA 17111 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE CONKONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 CAROL E. BELL 661 LUTHER ROAD HARRISBURG, PA 17111 THIS IS TO NOTIFY YOU THAT: FOR DEFENDANT Judgment: ® Judgment was entered for: (Name) (Date. of Judgment) 3/26/08 LATCHAW JR, WILLIAM A ® Judgment was entered against: (Name) BELL, CAROL E in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $__ 0 Judgment Costs $-_ 00 Interest on Judgment $ • Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ 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 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 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. MAR Z t IWO Date W . ?-xsyt^?, I certify that this is a true and correct copy of the record of the L J VS. DEFENDANT: NAME and ADDRESS FLATCHAW JR, WILLIAM A ? 300 S FILBERT ST MECHANICSBURG, PA 17055 L J Docket No.: CV-0000608-07 Date Filed: 12/28/07 Date My commission expires first Monday of January, 2014 Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 X 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L L) ?^'? ?-C r ss AFFIDAVIT: I hereby swear or affirm that I served 9a copy of the Notice of Appeal, Common Pleas No. 0 '9- " Z L -4-) , upon the District Justice designated therein on (date of service) M• 0 r year 2 t3 O [apy personal service E]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name W 11 `__?? Le.. -: e, W A v- on LA ) Z year Z-o 0F , 1:1 by personal service [3 by (certified) (registered) mail, sender's receipt attached hereto. D'and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year LyQ 8 , [:]by personal service ®by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME n THIS -DAY OF YEAR 01W-E5 Signature ofAfflant Signature of official before whom ah9davif was made Title of oftial ( My commission expires on ? yean?Uly . PROTHONOTARY, NU1ARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTH(JUSE MY COMMISSION EXPIRES JANUARY 4.2( rr r?r 110 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DDIST. NO. OR NAME OF D.J. OF (PLAINTIFF) NO. CV YEAR ?? ,_, a9 E Y t)?? , LT YEAR CITY STATE ZIP CODE SIGNATURE OF AP LL TOR HIS A ORNE S. 4 This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R. C. P. J.i=. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1009(6)) in action before district Justice, rIe A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (201) days after filing his NOTICE of APPEAL. Signature o Prothonotary or epu y 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.J.P. 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 A L t r k appellee(s), to file a complaint in this appeal Name o7app le ee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non prc: ignat o pellant or is attorney or age; r RULE: To , appellee(s) ame Hppe (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. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERELi r;vt,,; UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing Date: , Year White Prothonotary Copy Green - Court File Copy Yellow Appelant's Copy Pink Appellee Copy Gold D. J. Copy Signature of Prothonotary or Deptm, (Domestic Only; Provided) M ti n F d li i f m o orma or e very n N M Postage $ r 5? ' u Q Certified Fee $2. `uc 9 _ rk C3 Rewm Receipt Fee 1 F; Q (Endorsement Aegwred) 1 Q U 2aO Restricted Delivery Fee I (t! CI i t+ C] (Endorsement Required) ^ ?? co r- . S Ai .0 Total Postage & Fees $ 'c' • ' 1 l ?!" ru Sent To Nv.! ------------ ------ 1711- : --------------------- p Street, Apt. or PO Box No. 3 o C S . C-: ( b c,+- S+ ........................................` ...............--°--------..`-----........... City State, ZIP+4 ,? y/?.e- ?S P A ?? PS Form r3800. Augu,?t ? r. veT ?ev ¦ Complete items 1, 2, and 3. Also complete st na re I item 4 if Restricted Delivery is desired. X 13 Agent ¦ Print your name and address on the reverse ? Addressee { so that we can return the card to you. eceiv by Pn ted Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES, enter delivery address below: ? No I W M LE+-TC???1 J?: { 305 N tC},'Q-yL-: C?S 3. Service Type .Certified Mail ? Express Mail i ? Registered ? Return Receipt f or Merchandise ? Insured Mail ? C.O.D. l 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 2 7007 26$0 DDDO 2367 336 2 j (transfer from service labeq - PS Form 3811, February 2004 Domestic Return Receipt .10259$-QZ M-1540 '1, t',OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist. No 09-1-01 MDJ Name. Hon. CHARLES A. CLMUMT, JR Addre55 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone (717 774-5989 17070 CAROL E. BELL 661 LUTHER ROAD HARRISBURG, PA 17111 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ • 01 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject 1o Attachment/42 Pa.C.S. §8127 Portion of Judgment for physical damages arising out of residential lease S_ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total r $ .00 Post Judgment Credits $ Post Judgment Costs $ 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 JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE 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. MAR 2 7 2008 Date U ?_? I certify that this is a true and correct copy of the record of the Date My commission expireslirst Monday of January, 2014 os - alo7l C' evil Te - rt NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBELL, CAROL B 661 LUTHER ROAD HARRISBURG, PA 17111 L J VS. DEFENDANT: NAME and ADDRESS rLATCHAW JR, WILLIAM A 300 S FILBERT ST MECHANICSBURG, PA 17055 L J Docket No.: CV-0000608-07 Date Filed: 12/28/07 (Date. of Judgment) 3/26/08 LATCHAW JR, WILLIAM A BELL, CAROL E ?-, Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2671 JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants NOTICE 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 serve, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 0 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Se usted desea defenderse de las demandas que se prsentan 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 fall 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. Used 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 O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 9f Common Pleas of York County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a , minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT 1. The Plaintiff is Carole E. Bell, who resides at 661 Luther Road, Harrisburg, Dauphin County, Pennsylvania, 17111. 2. The Defendant is Jewely Rae Latchaw, a minor, who resides with her father, William A. Latchaw, Jr., at 300 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On November 21, 2007, Plaintiffwas eastbound and stopped in a line of traffic on Simpson Ferry Road, in Lower Allen Township, Cumberland County, Pennsylvania. 4. Defendant, driving a car owned and entrusted to her use by her father, was also eastbound on Simpson Ferry Road. 5. Defendant was inattentive to the line of stopped traffic and could not stop in time, running into the back of Plaintiff's vehicle. 6. The impact of the collision pushed Plaintiff's car into the rear of a third vehicle, that was also stopped in the line of traffic. 7. Lower Allen Township Police Officer Thomas E. Gelnett responded to the accident, issuing Defendant a citation for "following too closely," noting Defendant's inattention to traffic conditions in his Collision Investigation Report (Exhibit A). 8. The collision, caused by Defendant's negligence resulted in damage to the front and rear of Plaintiff's vehicle. 9. The cost to repair Plaintiffs vehicle was $2368.89. Plaintiff also expended $15.00 for a copy of the police report Exhibit B). WHEREFORE, Plaintiff prays this Honorable Court enter a judgment in her favor, and Order Defendant to pay her the amount of $2383.89, plus court costs as well as any other relief the Court may deem appropriate. Respectfully Submitted, Dated: Patricia J. Romano 4711 Locust Lan Harrisburg, PA 17109 717-657-0632 Id. No. 88161 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Date: b 6 2f EXHIBIT A '. , r Complaint Report Commonwealth of Pennsylvania Complaint Information Lower Allen Twp Complaint Number: Locked Record: Follow Up: Call For Service: LAT2007-11-01153 l No l No I PTANR Description PNONREPORTABLE CRASH Status Priority: Method Received Datelfime Received Cleared 0 Radio Dispatch 1 11/21/2007 12:06 PM Day of the Week How Handled Wednesday Officer Assigned i?"ts table accident. Jewely Latchaw ran into the back of Carol Bell who was then pushed into the back of Larry Liskey. Information was exchanged between Bell and Latchaw. Liskey said he did not have any damages and did not wish to have anything fixed. See additional comments. Complaint Location Street Number: Street Block: Predirection Street Name: Street Type: Postdirection 5200 I SIMPSON FERRY RD - Road P.O. Box: Cross-Predirection Cross Street Name: Cross Street Type: Highway Name: Highway Number: Highway Milepost: Rural Route: County: Jurisdiction Number: Cumberland Location Township Magisterial District: City: Political Subdivision: Lower Allen Township Mechanicsburg State: Zone Number: Zip: Area: Grid: Residence Type: Unit Type: PA 2 17055 1208 Unit Number: Latitude: Longitude: Location Type: Country: -76.9820500 40.2177700 Highway/Road/Alley United States of America (USA) Location Description: Complaint Information Salutation First Name Middle Name Last Name Suffix CAROL E BELL Date of Birth Race Sex 3/2011962 White Female Address 661 LUTHER RD Apartment City: State: Zip Code HARRISBURG PA 1 17111 PAOne Number 1 Phone Number 2 Area Code Ntxnbar Ext Phone Type 717 4336680 Cell Notify Complainant Call Taker ID Dispatcher ID cNET Complaint a: No JTMCCO CMGEMB 449400 User Defined Field 1 User Defined Field 2 UNIT #2 DRIVER User Defined Field 3 User Defined Field 4 Complainant Associate Information Page 1 Salutation Firsc Name Middle Name Last Name Suffix T ewely Rae Latchaw Date of Birth Race Sex 1/2511991 hite Female Address 300 S Filbert St Apartment cif State Zip Code Mechanicsburg PA 17055 Area Code 717 Number Ext Phone Type User Defined Field 1 Unit #1 operator User Defined Field 2 User Defined Field 3 User Defined Field 4 Salutation First Name Larry Middle Name Last Name Liskey Suffix Date of Birth 5/11/1968 Race White Sex Male Address 5169 E Trindle Rd Apartment Lot 1 City Mechanicsburg State PA Zip Code 17055 717 13190674 Phone NtrmbW 2 Type Area Code Number Ext Phone Type 717 User Defined Field 1 User Defined Field 2 Unit #3 operator User Defined Field 3 User Defined Field 4 Officers Involved Name Thomas - 1825 - Lower Allen 825 Location Dispatched Street Number: Street Block: Predirection Street Name: Street Type: Postdirection 5223 SIMPSON FERRY RD - Road P.O. Box: Cross-Predirection Cross Street Name: Cross Street Type: Highway Name: Highway Number: Highway Milepost: Rural Route: County: Jurisdiction Number: Cumberland CU Location Township Magisterial District: City: Political Subdivision: HM State: Zone Number: Zip: Area: Grid: Residence Type: Unit Type: PA Unit Number: Latitude: Longitude: Location Type: Country: United States of America (USA) Location Description: Dispatched Enroute 11/21/200712:15 PM Arrived Gearetl 11/21/2007 12:15 PM 11/2112007 12:57 PM User Defined Field t User Defined Field 2 7 User Defined Field 3 User Defined Field 4 Attachments Page 2 File Type: Word Document file Name - Accident Exchange Sheet Description: Accident Exchange Sheet User Defined Field 1 User Defined Field 2 User Defined Field 3 User Defined Field 4 Related Incidents Involved Property/Evidence Comments report by Officer Gelnett. Unit #1, driven by Jewely Latchaw, was eastbound on Simpson Ferry Rd behind Unit #2. Unit #2, driven by Carol Bell, was eastbound on Simpson Ferry Rd and was stopped behind Unit #3 in a line of Unit #3, driven by Larry Liskey, was eastbound on Simpson Ferry Rd in front of Unit #2 and-was stopped in a line of traffic. haw said she looked into the parking lot of the Windsor Park Shopping Center to see if a friend was there yet when she looked up she could not stop in time and ran into the back of Bell. Bell was then pushed into the c of Liskey. had damaged to the front of her car but it was drive able. Latchaw was not injured. II had damage to the rear and front of her car but it was also drive able. Bell complained of neck pain but clined EMS. Bell was wiping her head around demonstrating what happened and was very upset over her car ing damaged. :y said he did not have any damage to his vehicle and was no one was injured. He gave me a business card his information on it and stated he did not want any claim filed or anything done about his vehicle due to was no damages. exchanged information between Latchaw and Bell and advised them to contact their insurance companies and provide them with the information on the exchange sheet. I issued Latchaw a citation for "Following too Field 1 Defined Field 2 Defined Field 4 CAD Messages Comment 11/2112007 12:06:53 OperlD: JTMCCOCT>3 VEHS - NOW PULLED INTO THE PLAZA PLOT Comment 11/21/2007 12:15:32 OperlD: CMGEMBDP>Res: 1825 Disp Page 3 k J. L P--V 5IM-7 - i l- o 115 3 RECEIPT of COLLISION INVESTIGATION NON-REPORTABLE 'E LOWER ALLEN TOWNSHIP POLICE DEPARTMENT REPORTABLE D 1993 HUMMEL AVENUE, CAMP HILL, PA 17011 - (717) 975-7575 1746 1A1 (C) of the PAMVC reouired involved Parties in a reportable crash to receive notification the crash is being investigated by a police officer. This form is your notification. lte: Occur Time: Disp: o Arr: alr Clr: ' ocation: a oa Geo Code: VO y UNIT # VEHI LE INF RMATION UNIT # oL VEHICLE INFORMATION Owner: f\- Owner: Ca r? 1 ?_ Address: 3oa s , Address: LAO Phone: Phone:. C 'I IZ -- ?s? VIN#: l G i N S a y v ?r3?o`? 8 VIN#: 4 3V i s ?? 3 1V W C%0(1-7 License Plate: ?j Lw y ar: do-00 License Plate: 1 V y Model cl$ Make: OA,,?L \ Color: Make: Color: A INSURANCE INFORMATION INSURANCE INFORMATION Company: Company: 5lk- ar Policy #: Policy #: $' (U - (,,)7 - -L$ IN Phone -7n 33 - o Phone #: Towed to: N Towed to: tj Towed by: Towed by: Phone #: Phone #: OPERATOR INFORMATION OPERATOR INFORMATION Name: J ?vaek-1 ?c?.. Name: C(X-C-off E - Address: 30o s . ?. \ S`r Address: i L A,-,.,. ' \ Phone #: DOB: Phone #: DOB: -5 do -c.? OLN: ao)Q5-7$ Clash Sex: M F R ?4 OLN: lEoi+ !> Ctai Sex: M Rape A B C D E F G H I PEOPLE INFORMATION / NAME / ADDRESS / DOB / PHONE v-S'U57 A Citation/Warning Unit#1 (Section/Subsectio) Cl. Citation/Warning Unit#2 (Section/Subsection) Officer's Name: ?.? _ / h O:ncz? L'. r? Bad e No. i 'a7'? Officer's Signature: I3IBIT B E? 3-26-08 TOTAL COST REIMBURSEMENT Repair of 1981 VW Rabbit LS $ 2268.89 Purchase of spare tire housing and Rear body section 50.00 Purchase of rear bumper assembly 50.00 Copy of police report 15.00 All costs and fees incurred in filing civil complaint and any other relief court may deem appropriate. PARTS COST STATEMENT 1/08/08 Purchase of 1 VW Rabbit body: $50 spare tire housing rear body section Paid Cash to Jim Moul of Jim's Auto Repair, 105 Texaco Rd, Mechanicsburg PA 17050 1/18/08 Purchase of 1 VW Rabbit rear bumper assembly $50 Paid Cash to Luke Wagner of Wagner's VW Service, 144 S. Fairlane, Grantville PA 17028 TOTAL $100 01/23/2008 at 02:55 PM 77162 JOE GRAVINO BODY AND PAINT SHOP Federal ID #:231429981 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 PRELIMINARY ESTIMATE Written By: Joseph A. Gravino, Jr Adjuster: Insured: Carol E Bell Claim # Owner: Carol E Bell Policy # Address: 661 Luther Rd Deductible: Harrisburg, PA 17111 Date of Loss: Other: (717)561-2885 Type of Loss: Cellular: (717)433-6680 Point of Impact: Job Number: 1943 Inspect Location: f }` Insurance Business: (717)921-8823 Company: Days to Repair 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1# Repl Set up and measure 1 2.0 F 2# Repl Pull to align (Unibody) 1 4.0 F 3# Repl Spare Tire Housing LKQ 1 5.0 4# Repl Rear Body Section LKQ 1 10.0 1.5 5# Repl RT Tailamp Assy LKQ 1 50.00 Incl. 6# Rpr Install LKQ Rear Bumper Assy 1.0 7# Rpr Install LKQ Front Bumper 1.0 Absorber RT 8# Rpr RT Quarter Panel 8.0 2.5 9# R&I RT QTR Panel Mouldings 0.5 10# Rpr Rear Floor 4.0 11# Tint Color 1 0.5 12# Seam Sealer 1 5.00 13# Repl Cover vehicle for overspray 1 8.00 T 0.3 14# Repl Hazardous waste removal 1 3.50 T 15# Repl Clean and detail for delivery 1 10.00 T ------------------------------------------------------------------------------- Subtotals ==> 76.50 35.8 4.5 1 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: Parts 55.00 Body Labor 29.8 hrs @ $ 44.00/hr 1311.20 Paint Labor 4.5 hrs @ $ 44.00/hr 198.00 Frame Labor 6.0 hrs @ $ 46.00/hr 276.00 Paint Supplies 4.5 hrs @ $ 23.00/hr 103.50 Sublet/Misc. --- ----- -- -- ---------- 21.50 ------- ------------------ SUBTOTAL ----- $ 1965.20 Sales Tax $ 1965.20 @ 6.0000% 117.91 GRAND TOTAL $ 2083.11 This estimate is based on our initial inspection. Occasionally, additional worn and/or damaged parts are discovered upon commencement of repairs. This estimate cannot allow for such contingencies. All damaged parts will be discarded unless we are otherwise notified prior to disposal. All parts prices subject to invoice. *** Color on plastic parts*** When refinishing plastic parts it is common to see a slight color variation between the refinished plastic part ie: mirrors, moldings, bumpers, door handles, etc. when compared to the surounding or adjacent metal panels. This same variation can be seen on many of the plastic parts with original OEM paint. This is due to the refinishing processes, and various viewing angles of the color. 2 O:/20/2008 at 08:51 AM 77162 Job Number: 1995 JOE GRAVINO BODY AND PAINT SHOP LLC License #:245660 Federal ID #:261372201 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 ESTIMATE OF RECORD Written By: Joseph A. Gravino, Jr 03/20/2008 08:51 AM Adjuster: Insured: Carol E Bell Owner: Carol E Bell Address: 661 Luther Rd Harrisburg, PA 17111 Cellular: (717)433-6680 Other: (717)561-2885 Company: ( Claim # Inspect Location: L? Insurance Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 1981 VW RABBIT LS 4-1.7L 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mir rors Recline/Lounge Seats -------- 5 Speed Transmission -------------------------- -------------- ---------- ------- -------------- NO. OP. DESCRIPTION -------------------- QTY EXT. PRICE -------------- LABOR PAINT ----------------- ---------------------- 1# Repl Rear ------ Trailer Hitch 1 92.56 1.0 2# 16oz Paint ----------------------- 1 38.70 -------------- ---------- ------- ---------------------- --- Subtotals =_> 131.26 1.0 0.0 Parts 131.26 Body Labor --------------------- 1.0 hrs @ $ -------------- 44.00/hr ---------- 44.00 ------- SUBTOTAL $ 175.26 Sales Tax $ 175.26 @ 6.0000% 10.52 --------------------- GRAND TOTAL -------------- ---------- $ ------- 185.78 1 CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 41 Ir day of k6A),?? , 2008, I, Katherine A. Frey, 6"' Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Katherine A. Frey ??> -- .,,n f r. ?`: ?.? _ ._;; ?? '; r: ? - Johnson, Duffle, Stev?art & Weidner Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-454 E-mail: kib@jdsw.com CAROL E. BELL V. JEWELY R. LATC WILLIAM A. LATC Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2671 Civil Term N, a minor and/or CIVIL ACTION - LAW N, JR., her father Defendants NOTICE YOU HAVE E the following pages, i served, by entering a your defenses or objo so the case may prc without further notice requested by the Plai EEN SUED IN COURT. If you wish to defend against the claims set forth in ou must take action within twenty (20) days after this Complaint and Notice are written appearance personally or by attorney and filing in writing with the Court ctions to the claims set forth against you. You are warned that if you fail to do ceed without you and a judgment may be entered against you by the Court for any money claimed in the Complaint or for any other claim or relief stiff. You may lose money or property or other rights important to you. YOU SHOUL 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 WIT INFORMATION ABOUT HIRING A LAWYER. IF YOU CA NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WIT INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERS NS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO LISTED HA IDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se pr sentan m6s adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacibn 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 ted 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 r medio solicitado por el demandante puede ser dictado en contra suya por la Corte sin ma's avis adicional. Usted puede perder dinero o propiedad u otros derechos importantes para ust d. LISTED DEB LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE N ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERL INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED Nc QUE ESTA OFICII OFREZCAN SERVI CUALIFICAN. PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE k LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0,109 Phone: (717) 761-454 E-mail: klb@jdsw.com Attorneys for Defendants CAROL E. BELL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2671 Civil Term JEWELY R. LATCH , a minor and/or CIVIL ACTION - LAW WILLIAM A. LATCH , JR., her father Defendants PLAINTIFF' 1. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1. Therefore, such allegations are specifically denied, arid strict proof thereof demanded at trial. 2. Admitt d. 3. Admittd. 4. Admittd in part. Denied in part. It is admitted that Defendant Jewely Latchaw was driving a vehicle owned by her father at the specified time. However, the remainder of this averment is denied to the extent that it implies that Defendant William Latchaw was in any way negligent or in any way caused the amages claimed by the Plaintiff. 5. Admittd in part. Denied in part. It is admitted that an accident occurred. However, the remainder of Paragraph 5 is specifically denied to the extent that it implies that Defendants were in any way negligent or caused the damages claimed by the Plaintiff. 6. Admittd in part. Denied in part. It is admitted that this is Plaintiff's description of the accident. However, the alleged third vehicle obtained no visible damage, and its owner and operator reported no damages therefore, strict proof of this collision is demanded at trial. 7. Admittd in part. Denied in part. It is admitted that Defendant Jewely Latchaw was issued a citation as described. However, the remainder of this averment is denied to the extent that it implies that Defend nts were in any way negligent or caused the damages claimed by Plaintiff. 8. Deni form a belief as to are specifically den 9. Deni form a belief as to are specifically den WHEREFO, in their favor and di Answering Defendants are without knowledge or information sufficient to truth of the allegations contained in Paragraph 8. Therefore, said allegations and strict proof thereof demanded at trial. Answering Defendants are without knowledge or information sufficient to truth of the allegations contained in Paragraph 9. Therefore, said allegations and strict proof thereof demanded at trial. Defendants respectfully request that this Honorable Court enter a judgment iss Plaintiffs complaint with prejudice. NEW MATTER By way of fu answer and response, Defendants submit the following new matters: 10. That if it is found that Defendants were negligent, which is specifically denied, then such negligent was not the proximate or factual cause of Plaintiff's damages. 11. That Plaintiff has failed to state a claim for which relief can be granted. 12. That 7aintiff's vehicle is a 1981 Volkswagen Rabbit with over 259,000 miles, and the value of said vefar exceeded by the alleged cost of repairs. WHEREFOR , Defendants respectfully request that this Honorable Court enter a judgment in their favor and dis iss Plaintiffs complaint with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: , A"? - Kelly L. B n nno, Esquire I.D. No.: 11 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff VERIFICATION The undersig ed says that the facts set forth in the foregoing complaint are true and correct. This verification is ade subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to a Date: Kelly L. Bonann CERTIFICATE OF SERVICE I HEREBY C RTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 22"d day of July, 2008, addressed to the following: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bonan :337711 r?.T C=-w tf ? ?rr, ? ?"` mot': 4 --? ?. ??t"Y ?r ? J' ... ^. Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2671 CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please enter a Judgment upon Default against the Defendant in the subject matter in the amount of $2,383.89. I certify that a Complaint was filed in Cumberland County on June 3, 2008, and was served upon Defendant's attorney by U.S. mail, First Class, no later than June 12, 2008 (copy of letter 6/9/08). To date, Defendant has not filed an Answer in Cumberland County, and has declined to return or file the Acceptance of Service, although acknowledging receipt of the Complaint by telephone contact. Attached are the Affidavits required under Pa.R.C.P. 1037. 1 ' Dated: By: Patricia J. Rom o, Esquire 4711 Locust L e Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Jul 25 2008 1:07PM MARIANNE E RUDEBUSCH ESQ 717-557-1512 p.2 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657.0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO, 08-2671 JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants IMPORTANT NOTICE PURSUANT TO PA.R. .P. NO.2371(a)(2l YOU ARE INDEFA[JLT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE AS PROVIDED UNDER PA.R,C.P. 1026(a), UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A FEARING, AND YOU MAY LOSE YOUR 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 F ORTH 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. PATI\ICIA I ROMANO, ESQ. 4711 Locust Lane Harrisburg, PA 17109 ATTORNEY AT LAW (717) 657-0632 Fax (717) 657-1512 June 9, 2008 Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: BELL V. LATCHAW NO. 08-2671 Dear Attorney Bonanno: Enclosed please find a time-stamped copy of the Complaint that was filed with the Court of Common Pleas of Cumberland County on June 3, 2008, as well as an Acceptance of Service. Kindly sign the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. Thank you for your attention to this matter. Please feel free to contact my office should you have any questions.,_. Very truly yours, ?M? f a Patricia J. Romano PJR/kaf Enclosures cc: Carol E. Bell (w/encl.) JOE GRAVIN09S BODY AND PAINT SHOP I'HONE 717-234-8969 1S NORHT 27TM STREET (PMMROOK) HARRISBURG, PA 17103-1803 FAX 717-234-8343 AFFIDAVIT I, Joseph A. Gravino, Jr., owner and operator of Joe Gravino's Body and Paint Shop, do certify to the following: 1. I provided an estimate for and conducted the repairs to a 1981VW Rabbit belonging to Carol E. Bell, subsequent to a collision on November 21, 2007. Attached are two itemized bills setting forth the charges for labor and material used in repair of property. The rear trailer hitch destroyed in collision was omitted on original invoice. Final cost was lower than initial estimate due to owner aiding and purchasing used parts to expedite repair job. 2. I operate a reputable and qualified auto body shop, having been in business over 50 years. My Federal ID# at time of repair was 231429981; my current Federal ID# is 261372201. My current Motor Vehicle Physical Damage Appraiser License number is 245660. I follow all guidelines set up to use fair market pricing. I work with many insurance companies on collision work and these charges are within an acceptable range. 3. All repairs listed on attached itemized bill(s) were necessary to repair this vehicle to its pre-damaged condition. All prices for labor and material are fair and reasonable and those customarily charged, less in this case due to owner acquiring parts as previously stated. 4. These charges reflect work performed to repair collision damage only. I certify that all statements in this affidavit are true and correct to the best of my knowledge. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the'Ot day of 2008, before me the undersigned officer, _4j-A-4" personally appeared JOSEPH A. G#AVIY?D, JR., satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FREY, NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 01/2j/2008 at 02:55 PM 77162 JOE GRAVINO BODY AND PAINT SHOP Federal ID #:231429981 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 PREL1141MMY ESTIMATE Written By: Joseph A. Gravino, Jr Adjuster: Insured: Carol E Bell Claim # Owner: Carol E Bell Policy # Address: 661 Luther Rd Deductible: Harrisburg, PA 17111 Date of Loss: Other: (717) 561-2885 Type of Loss: Cellular: (717)433-6680 Point of Impact: Job Number: 1943 Inspect Location: ??,? ;,G? /, Y Insurance Business: (717)921-8823 Company: Days to Repair 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------- NO. ----------- OP. ----- ---------- DESCRIPTION ------------------------------ ---- QTY -------- EXT. PR ------------ ICE LABOR -------- PAINT 1# Repl - Set up and measure ---- 1 -------- ------------ 2.0 F -------- 2# Repl Pull to align (Unibody) 1 4.0 F 3# Repl Spare Tire Housing LKQ 1 5.0 4# Repl Rear Body Section LKQ 1 10.0 1.5 5# Repl RT Tailamp Assy LKQ Z 50.00 Incl. 6# Rpr Install LKQ Rear Bumper Assy 1.0 7# Rpr Install LKQ Front Bumper 1.0 Absorber RT 8# Rpr RT Quarter Panel 8.0 2.5 9# R&I RT QTR Panel Mouldings 0.5 10# Rpr Rear Floor 4.0 11# Tint Color 1 0.5 12# Seam Sealer 1 5.00 13# Repl Cover vehicle for overspray 1 8.00 T 0.3 14# Repl Hazardous waste removal 1 3.50 T 15# ----------- Repl ------ Clean and detail for delivery --------------------------- 1 10.00 T --- Subtotals ==> ---- -------- 76.50 ------------ 35.8 -------- 4.5 1 01/23%2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: Parts 55.00 Body Labor 29.8 hrs @ $ 44.00/hr 1311.20 Paint Labor 4.5 hrs @ $ 44.00/hr 198.00 Frame Labor 6.0 hrs @ $ 46.00/hr 276.00 Paint Supplies 4.5 hrs @ $ 23.00/hr 103.50 Sublet/Misc. ------------------ -------- ---- --- -- --------- 21.50 SUBTOTAL $ -------- 1965.20 Sales Tax $ 1965.20 @ 6.0000% 117.91 GRAND TOTAL $ 2083.11 This estimate is based on our initial inspection. Occasionally, additional worn and/or damaged parts are discovered upon commencement of repairs. This estimate cannot allow for such contingencies. All damaged parts will be discarded unless we are otherwise notified prior to disposal. All parts prices subject to invoice. *** Color on plastic parts*** When refinishing plastic parts it is common to see a slight color variation between the refinished plastic part ie: mirrors, moldings, bumpers, door handles, etc. when compared to the surounding or adjacent metal panels. This same variation can be seen on many of the plastic parts with original OEM paint. This is due to the refinishing processes, and various viewing angles of the color. 2 DI/23%2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIaTE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: w 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. 01/23%2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: i Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 01/01/2008, 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 Recy 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. 4 03/20%2008 at 08:51 AM 77162 Job Number: 1995 JOE GRAVINO BODY AND PAINT SHOP LLC License #:245660 Federal ID #:261372201 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 ESTIMATE OF RECORD Written By: Joseph A. Gravino, Jr 03/20/2008 08:51 AM Adjuster: Insured: Carol E Bell Owner: Carol E Bell Address: 661 Luther Rd Harrisburg, PA 17111 Cellular: (717)433-6680 Other: (717)561-2885 Inspect ?. Location: Insurance Company: Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair s 1981 VW RABBIT LS 4-1.7L 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1# Repl Rear Trailer Hitch 1 92.56 1.0 2# 16oz Paint 1 38.70 ------------------------------------------------------------------------------- Subtotals =_> 131.26 1.0 0.0 Parts 131.26 Body Labor 1.0 hrs @ $ 44.00/hr 44.00 ---------------------------------------------------- SUBTOTAL $ 175.26 Sales Tax $ 175.26 @ 6.0000% 10.52 GRAND TOTAL $ 185.78 1 b3/20/2008 at 08:51 AM Job Number: 1995 77162 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: 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 0/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. 03/20/2008 at 08:51 AM Job Number: 1995 77162 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 03/01/2008, 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 Recy 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. 3 AFFIDAVIT I, Carol E. Bell, owner of 1981 VW Rabbit, do hereby certify that I purchased used parts to help Joe Gravino's Body and Paint Shop repair the aforementioned automobile. I purchased the following parts for CASH. $50 1 VW Rabbit body (for spare tire housing and rear body section) Purchased from Jim Moul of Jim's Auto Repair, 105 Texaco Rd, Mechanicsburg PA 17050 $50 1 VW Rabbit front and rear bumper assembly Purchased from Luke Wagner of Wagner's VW Service, 144 Fairlane, Grantville PA 17028 $100 Parts Total I certify that all information stated above is true and correct. &,t z a. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the AV day of 2008, before me the undersigned officer, personally appeared CAROL E. BOLL, isfactorily proven to be the person whose name is subscribed to the within document and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FRED NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 t CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of , 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 -ry By: Katherine A. Frey r CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this C,,?Aj day of 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, certified mail, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: 4(. - '(k Katherine A. Frey ?x -71 K ?? t Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2671 CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please enter a Judgment upon Default against the Defendant in the subject matter in the amount of $2,383.89. I certify that a Complaint was filed in Cumberland County on June 3, 2008, and was served upon Defendant's attorney by U. S. mail, First Class, no later than June 12, 2008 (copy of letter 6/9/08). To date, Defendant has not filed an Answer in Cumberland County, and has declined to return or file the Acceptance of Service, although acknowledging receipt of the v Complaint by telephone contact. Attached are the Affidavits required under Pa.R.C.P. 1037. r p i Dated: 1 By: Patricia J. Rom o, Esquire 4711 Locust L e Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Jul 25 2008 1:07PM MARIANNE E RUDEBUSCH ESQ 717-557-1512 p.2 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL, E. BELL, Plaintiff V. JEWELY R. LATCHAW, a , minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-2671 CIVIL ACTION - LAW IMPORTANT NOTICE PURSUANT TO PA R C P. NO.237.,1(a)f2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE AS PROVIDED UNDER PA.R,C.P. 1026(a), 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 PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPERTO YOUR LAWYERAT ONCE. IF YOUDO 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, i? PATNICIA I ROMANO, ESQ. ATTORNEY AT LAW 4711 Locust Lane Harrisburg, PA 17109 June 9, 2008 Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: BELL V. LATCHAW NO. 08-2671 Dear Attorney Bonanno: (717) 657-0632 Fax(717)657-1512 Enclosed please find a time-stamped copy of the Complaint that was filed with the Court of Common Pleas of Cumberland County on June 3, 2008, as well as an Acceptance of Service. Kindly sign the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. Thank you for your attention to this matter. Please feel free to contact my office should you have any questions Very ly yours, Patricia J. Romano PJR/kaf Enclosures cc: Carol E. Bell (w/encl.) JOE GRAVIN09S BODY AND PAINT SHOP PHONE 717-234-8%9 18 NORHP 27TH STREET (PENBROOK) HARRISBURG, PA 17103-1803 FAX 717-234-8343 AFFIDAVIT I, Joseph A. Gravino, Jr., owner and operator of Joe Gravino's Body and Paint Shop, do certify to the following: 1. I provided an estimate for and conducted the repairs to a 1981 VW Rabbit belonging to Carol E. Bell, subsequent to a collision on November 21, 2007. Attached are two itemized bills setting forth the charges for labor and material used in repair of property. The rear trailer hitch destroyed in collision was omitted on original invoice. Final cost was lower than initial estimate due to owner aiding and purchasing used parts to expedite repair job. 2. I operate a reputable and qualified auto body shop, having been in business over 50 years. My Federal ID# at time of repair was 231429981; my current Federal ID# is 261372201. My current Motor Vehicle Physical Damage Appraiser License number is 245660. I follow all guidelines set up to use fair market pricing. I work with many insurance companies on collision work and these charges are within an acceptable range. 3. All repairs listed on attached itemized bill(s) were necessary to repair this vehicle to its pre-damaged condition. All prices for labor and material are fair and reasonable and those customarily charged, less in this case due to owner acquiring parts as previously stated. 4. These charges reflect work performed to repair collision damage only. I certify that all statements in this affidavit are true and correct to the best of my knowledge. COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN On this the "Ot day of , 2008, before me the undersigned officer, personally appeared JOSEPH A. CAAVII?D, JR., satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. f REY NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 01/2j/2008 at 02:55 PM 77162 JOE GRAVINO BODY AND PAINT SHOP Federal ID #:231429981 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 PRELIIIINARY ESTIMATE Written By: Joseph A. Gravino, Jr Adjuster: Insured: Carol E Bell Claim # Owner: Carol E Bell Policy # Address: 661 Luther Rd Deductible: Harrisburg, PA 17111 Date of Loss: Other: (717) 561-2885 Type of Loss: Cellular: (717)433-6680 Point of Impact: Job Number: 1943 w Inspect Location: /??tflt ?Y ' r Illl ?J" -`? Insurance Business: (717)921-8823 Company: Days to Repair 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ----------------------------------------------------7-------------------------- 1# Repl Set up and measure 1 2.0 F 2# Repl Pull to align (Unibody) 1 4.0 F 3# Repl Spare Tire Housing LKQ 1 5.0 4# Repl Rear Body Section LKQ 1 10.0 1.5 5# Repl RT Tailamp Assy LKQ 1 50.00 Incl. 6# Rpr Install LKQ Rear Bumper Assy 1.0 7# Rpr Install LKQ Front Bumper 1.0 Absorber RT 8# Rpr RT Quarter Panel 8.0 2.5 9# R&I RT QTR Panel Mouldings 0.5 10# Rpr Rear Floor 4.0 11# Tint Color 1 0.5 12# Seam Sealer 1 5.00 13# Repl Cover vehicle for overspray 1 8.00 T 0.3 14# Repl Hazardous waste removal 1 3.50 T 15# Repl Clean and detail for delivery 1 10.00 T ------------------------------------------------------------------------------- Subtotals ==> 76.50 35.8 4.5 1 01/23%2008 at 02:55 PM Job Number: 1943 77162 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: Parts 55.00 Body Labor 29.8 hrs @ $ 44.00/hr 1311.20 Paint Labor 4.5 hrs @ $ 44.00/hr 198.00 Frame Labor 6.0 hrs @ $ 46.00/hr 276.00 Paint Supplies 4.5 hrs @ $ 23.00/hr 103.50 Sublet/Misc. --------------------- ---- ------- -- - - - - 21.50 - SUBTOTAL - - - --- $ ------- 1965.20 Sales Tax $ 1965.20 @ 6.0000% 117.91 GRAND TOTAL $ 2083.11 This estimate is based on our initial inspection. Occasionally, additional worn and/or damaged parts are discovered upon commencement of repairs. This estimate cannot allow for such contingencies. All damaged parts will be discarded unless we are otherwise notified prior to disposal. All parts prices subject to invoice. *** Color on plastic parts*** When refinishing plastic parts it is common to see a slight color variation between the refinished plastic part ie: mirrors, moldings, bumpers, door handles, etc. when compared to the surounding or adjacent metal panels. This same variation can be seen on many of the plastic parts with original OEM paint. This is due to the refinishing processes, and various viewing angles of the color. 2 01/23%2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: 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. 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: i Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 01/01/2008, 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 Recy 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. 4 O3/20/2008 at 08:51 AM 77162 Job Number: 1995 JOE GRAVINO BODY AND PAINT SHOP LLC License #:245660 Federal ID #:261372201 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 ESTIMATE OF RECORD Written By: Joseph A. Gravino, Jr 03/20/2008 08:51 AM Adjuster: Insured: Carol E Bell Owner: Carol E Bell Address: 661 Luther Rd Harrisburg, PA 17111 Cellular: (717)433-6680 Other: (717)561X885 Inspect Location: Insurance Company : Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair s 1981 VW RABBIT LS 4-1.7L 2D SED Int: VIN: 1VWCB9178BV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT -------------------------------------------------------------------------- 1# Repl Rear Trailer Hitch 1 92.56 1.0 2# 16oz Paint 1 38.70 ------------------------------------------------------------------------------- Subtotals =_> 131.26 1.0 0.0 Parts 131.26 Body Labor 1.0 hrs @ $ 44.00/hr 44.00 ---------------------------------------------------- SUBTOTAL $ 175.26 Sales Tax $ 175.26 @ 6.0000% 10.52 ---------------------------------------------------- GRAND TOTAL $ 185.78 1 b3/20/2008 at 08:51 AM 77162 Job Number: 1995 ESTMK&TE OF RECORD 1981 VW RABBIT LS 4-1.71, 2D SED Int: w 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 0/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/ 4=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. 03/20/2008 at 08:51 AM Job Number: 1995 77162 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 03/01/2008, 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 Recy 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. 3 AFFIDAVIT I, Carol E. Bell, owner of 1981 VW Rabbit, do hereby certify that I purchased used parts to help Joe Gravino's Body and Paint Shop repair the aforementioned automobile. I purchased the following parts for CASH. $50 1 VW Rabbit body (for spare tire housing and rear body section) Purchased from Jim Moul of Jim's Auto Repair, 105 Texaco Rd, Mechanicsburg PA 17050 $50 1 VW Rabbit front and rear bumper assembly Purchased from Luke Wagner of Wagner's VW Service, 144 Fairlane, Grantville PA 17028 $100 Parts Total I certify that all information stated above is true and correct. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the Qj?day of 2008, before me the undersigned officer, personally appeared CAROL E. B AL, isfactorily proven to be the person whose name is subscribed to the within document and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FREX NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of , 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 1 By. Katherine A. Frey CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants CERTIFICATE OF SERVICE 4t- I AND NOW, this day of 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, certified mail, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Katherine A. Frey ? -ur- ? F ? ? ? e p -;? c ? ?,, ? , ..? r... 'T1 r (??- O ? ? ` ('J 9J ? .. (..a , 4 ? ,.4 _? J ? t_ `? ,?y .. ? ? ?. ?I ? ? `" U"! V` ?? 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 CAROL E. BELL Plaintiff Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father Defendants NO. 08-2671 Civil Term CIVIL ACTION - LAW PLAINTIFF'S PETITION TO OPEN JUDGMENT UPON DEFAULT AND NOW, this 28th day of July, 2008, comes the Defendants, William and Jewley Rae Latchaw, by and through their counsel, Johnson, Duffie, Stewart & Weidner, P.C. and files this Petition to Open Judgment of Default and in support thereof, avers as follows: 1. The Petitioner William A. Latchaw is an adult individual, Petitioner Jewley Rae Latchaw is his minor daughter, both individuals reside at 300 S. Filbert Street, Mechanicsburg, PA 17055. 2. The Plaintiff, Carol E. Bell is an adult individual currently residing at 661 Luther Road, Harrisburg, PA 17111. 3. On or about June 3, 2008, Plaintiff filed a Complaint against Petitioners with the Cumberland County Court of Common Pleas as the result of an appeal from a District Justice Ruling in favor of Petitioners. 4. On July 21, 2008, Plaintiff sent correspondence to the Petitioners stating that a Default Judgment would be entered on July 31, 2008, if Petitioners did not file an answer to Plaintiff's Complaint. See Correspondence attached as Exhibit "A". 5. Enclosed with Plaintiffs July 21, 2008, correspondence was a Praecipe for Judgment Upon Default, however, no 10-Day Notice was attached, nor was one served upon Petitioners. See Exhibit "A". 6. In response, Petitioners filed an Answer with New Matter, which was clocked in by the Cumberland County Prothonotary on July 23, 2008, at 1:41 p.m. See a copy attached as Exhibit "B". 7. In addition, Petitioner contacted Plaintiff's counsel notifying her that the Praecipe was improper as sent, and lacked a 10-Day Notice. 8. For reasons unknown, Plaintiff proceeded to file the Praecipe for Judgment Upon Default with the Cumberland County Prothonotary on July 23, 2008, at 1:55 p.m. See a copy attached as Exhibit "C". 9. Therefore, Petitioner's Answer was, in fact, filed prior to Plaintiffs attempt at having a Default Judgment entered. 10. Plaintiff filed the Praecipe before the expiration of the ten (10) days as stated in her July 21, 2008, correspondence (Exhibit "A"), and further, failed to attach any 10-Day Notice to the Praecipe. 11. Upon learning that Plaintiff had, in fact, filed the Praecipe for Judgment Upon Default, counsel for Petitioners sent Plaintiffs counsel a letter again explaining that no 10-Day Notice had been filed or served upon Petitioners, and therefore Default was not appropriate as Petitioners had filed an appropriate Answer. See Correspondence attached as Exhibit "D". 12. On July 28, 2008, Petitioners received notice from the Prothonotary of Cumberland County that Judgment had been entered against them. See Notice of Judgment attached as Exhibit "E". 13. Upon learning this, counsel for Petitioners contacted the Cumberland County Prothonotary regarding the lack of a 10-Day Notice and was told that they had notified Plaintiff that a 10-Day Notice was required, and Plaintiff had faxed one to be filed. 14. On Friday, July 25, 2008, at 1:07 p.m., two days after Petitioners had appropriately filed an Answer, the Prothonotary accepted a 10-Day Notice from Plaintiff via facsimile. This Notice contained no certificate of service, no date, and was lacking other required information. See a copy of the 10-Day Notice attached as Exhibit "F" 15. Furthermore, this 10-Day Notice was accepted two days after Judgment had been filed against Petitioners and was not included in the documents received by Petitioners from Plaintiff, nor was the Notice included in the time-stamped documents Petitioners received with the Notice of Judgment. See Exhibit "C". 16. Plaintiff has failed to serve Petitioners with a proper 10-Day Notice, and furthermore, has made misrepresentations to the Court that this was done, therefore causing Default to be entered against Petitioners without just cause or proper procedure. 17. As such, Petitioners are forced to file a Petition to Open Judgment in order to preserve their interests in this claim. 18. 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. 19. It is submitted that Petitioners have already filed an Answer with the Cumberland County Prothonotary and, therefore, no Default should have been entered, and no further Answer is required. 20. Further, Petitioners are requesting that the Judgment against them be opened well in advance of the expiration of 10 days. 21. Finally, the District Justice ruling in favor of Petitioners provides sufficient evidence that Petitioners have a meritorious defense to Plaintiff's claims. 22. Furthermore, Judgment Upon Default was only entered against Petitioners based upon Plaintiff's misrepresentations to the Prothonotary that a 10-Day Notice had been served upon Petitioners. 23. The entry of Judgment against Petitioners was an error by the Prothonotary, who did not verify that no answer had been received prior to the entry of Judgment and who also accepted a 10-Day Notice with no Certificate of Service two full days after Judgment had already been entered against Petitioners. 24. It would be a great injustice to Petitioners to allow this Judgment against them to remain. 25. As a result of Plaintiffs clear disregard for the procedural requirements for entering Judgment, and a result of Plaintiffs misrepresentations to the Court as to the service of the 10-Day Notice, Petitioners seek attorney's fees to compensate them for the time and effort expanded in attempting to open this Judgment. WHEREFORE, the Petitioners, William and Jewley Latchaw, respectfully request this Honorable Court to open the Judgment Upon Default entered on July 23, 2008 in the Court of Common Pleas of Cumberland County. JOHNSON, DUFFIE, STEWART & WEIDNER By: 4<d4t"? Kelly L. Ba no Attorneys r laintiff Date: VERIFICATION I, Kelly Bonanno 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 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. Bonanno Dated: C 0 G 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 Petition to Open Judgment Upon Default upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Patricia J. Romano 4711 Locust Lane Harrisburg, PA 17109 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bo a no 339615 PATRICIA J. RODANO, ESQ. ATTORNEY AT LAW 4711 Locust Lane Harrisburg, PA 17109 July 21, 2008 Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: BELL V. LATCHAW NO. 08-2671 Dear Ms. Bonanno: (717) 657-0632 Fax(717)657-1512 Enclosed please find the Praecipe for Judgment Upon Default and the requisite Affidavits in accordance with Pa.R.C.P. 1037. Damages will be assessed in the amount of the repair bills on July 31, 2008, unless prior to the date of assessment you, by written praecipe, file with the Prothonotary a request for trial on the issue of such damages. An Affidavit of this mailing notice will be filed with the Prothonotary. Very truly yours, -? - a Patricia J. Ro o PJR/kaf Enclosures cc: Carol Bell JUL RECSIVSD 2 2 2W JOHNSON DUFFIE Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2671 JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please enter a Judgment upon Default against the Defendant in the subject matter in the amount of $2,383.89. I certify that a Complaint was filed in Cumberland County on June 3, 2008, and was served upon Defendant's attorney by U.S. mail, First Class, no later than June 12, 2008 (copy of letter 6/9/08). To date, Defendant has not filed an Answer in Cumberland County, and has declined to return or file the Acceptance of Service, although acknowledging receipt of the Complaint by telephone contact. Attached are the Affidavits required under Pa.R.C.P. 1037. Dated: By: Patricia J. Rom , Esquire 4711 Locust L fel arrisburg, PA 17109 H 717-657-0632 Id. No. 88161 PATIXICIA I ROMANO, ESQ. 4711 Locust Lane Harrisburg, PA 17109 ATTORNEY AT LAW (717) 657-0632 Fax (717) 657-1512 June 9, 2008 Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: BELL V. LATCHAW NO. 08-2671 Dear Attorney Bonanno: Enclosed please find a time-stamped copy of the Complaint that was filed with the Court of Common Pleas of Cumberland County on June 3, 2008, as well as an Acceptance of Service. Kindly sign the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. Thank you for your attention to this matter. Please feel free to contact my office should you have any questions._..___,_ Very truly yours, ?ikil?""?' f a Patricia J. Romano PJR/kaf Enclosures cc: Carol E. Bell (w/encl.) JOE GRAVINO'S BODY AND PAINT SHOP PHONE 717-2.34-8969 18 NORHT 2,ff sTREET (P'ENBROOK) HARRISBURG, PA 17103-1803 FAX 717-234-8343 AFFIDAVIT I, Joseph A. Gravino, Jr., owner and operator of Joe Gravino's Body and Paint Shop, do certify to the following: 1. I provided an estimate for and conducted the repairs to a 1981VW Rabbit belonging to Carol E. Bell, subsequent to a collision on November 21, 2007. Attached are two itemized bills setting forth the charges for labor and material used in repair of property. The rear trailer hitch destroyed in collision was omitted on original invoice. Final cost was lower than initial estimate due to owner aiding and purchasing used parts to expedite repair job. 2. I operate a reputable and qualified auto body shop, having been in business over 50 years. My Federal ID# at time of repair was 231429981; my current Federal ID# is 261372201. My current Motor Vehicle Physical Damage Appraiser License number is 245660. I follow all guidelines set up to use fair market pricing. I work with many insurance companies on collision work and these charges are within an acceptable range. 3. All repairs listed on attached itemized bill(s) were necessary to repair this vehicle to its pre-damaged condition. All prices for labor and material are fair and reasonable and those customarily charged, less in this case due to owner acquiring parts as previously stated. 4. These charges reflect work performed to repair collision damage only. I certify that all statements in this affidavit are true and correct to the best of my knowledge. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the C% day of 2008, before me the undersigned officer, personally appeared JOSEPH A. , RC, satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FREY, NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 01/23/2008 at 02:55 PM Job Number: 1943 77162 JOE GRAVINO BODY AND PAINT SHOP 4 Federal ID #:231429981 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 PRELIMINARY ESTIMATE Written By: Joseph A. Gravino, Jr Adjuster: Insured: Carol E Bell Claim # Owner: Carol E Bell Policy # Address: 661 Luther Rd Deductible: Harrisburg, PA 17111 Date of Loss: Other: (717)561-2885 Type of Loss: Cellular: (717)433-6680 Point of Impact: Inspect Location: j J Insurance ?. Business: (717)921-8823 Company: Days to Repair 1981 VW RABB IT LS 4-1.6L-FI 2D SED Int: VIN: 1VWCB91 78BV1 20929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipe rs Tinted Glass Diial Mirrors Recline/Loun ge Se ats 5 Speed Transmission ------------- - ---- -------------------- -------- ------------ NO. ----- OP. - --------------- DESCRIPTION --------------- QTY ---- EXT. PRICE LABOR -------------------- PAINT -------- ------------ 1# ----- Repl --------------- Set up and measure 1 2.0 F 2# Repl Pull to align (Unibody) 1 4.0 F 3# Repl Spare Tire Housing LKQ 1 5.0 4# Repl Rear Body Section LKQ 1 10.0 1.5 5# Repl RT Tailamp Assy LKQ 1 50.00 Incl. 6# Rpr Install LKQ Rear Bumper Assy 1.0 7# Rpr Install LKQ Front Bumper 1.0 Absorber RT 8# Rpr RT Quarter Panel 8.0 2.5 9# R&I RT QTR Panel Mouldings 0.5 10# Rpr Rear Floor 4.0 11# Tint Color 1 0.5 12# Seam Sealer 1 5.00 13# Repl Cover vehicle for overspray 1 8.00 T 0.3 14# Repl Hazardous waste removal 1 3.50 T 15# Repl Clean and detail for delivery ---------------------- 1 ---- 10.00 T -------------------- -------- ------------ ----- -------- Subtotals =_> 76.50 35.8 4.5 1 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: f Parts 55.00 Body Labor 29.8 hrs @ $ 44.00/hr 1311.20 Paint Labor 4.5 hrs @ $ 44.00/hr 198.00 Frame Labor 6.0 hrs @ $ 46.00/hr 276.00 Paint Supplies 4.5 hrs @ $ 23.00/hr 103.50 Sublet/Misc. -------- ----- -- -- ---------- 21.50 ------- ------------------ SUBTOTAL $ 1965.20 Sales Tax $ 1965.20 @ 6.0000% 117.91 GRAND TOTAL $ 2083.11 This estimate is based on our initial inspection. Occasionally, additional worn and/or damaged parts are discovered upon commencement of repairs. This estimate cannot allow for such contingencies. All damaged parts will be discarded unless we are otherwise notified prior to disposal. All parts prices subject to invoice. *** Color on plastic parts*** When refinishing plastic parts it is common to see a slight color variation between the refinished plastic part ie: mirrors, moldings, bumpers, door handles, etc. when compared to the surounding or adjacent metal panels. This same variation can be seen on many of the plastic parts with original OEM paint. This is due to the refinishing processes, and various viewing angles of the color. 2 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: 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. 3 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 01/01/2008, 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 Recy 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. 4 O:/20/2008 at 08:51 AM 77162 Job Number: 1995 JOE GRAVINO BODY AND PAINT SHOP LLC License #:245660 Federal ID #:261372201 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 ESTIMATE OF RECORD Insured: Owner: Address: Cellular: Other: Inspect Location: Written By: Joseph A. Gravino, Jr 03/20/2008 08:51 AM Adjuster: Carol E Bell Carol E Bell 661 Luther Rd Harrisburg, PA 17111 (717)433-6680 (717) 5612885 / Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Insurance Company: (j 1981 VW RABBIT LS 4-1.71, 2D SED Int: Days to Repair 0 VIN: 1VWCB917BBV120929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------- ----------------------------------------------------------------- 1# Repl Rear Trailer Hitch 1 92.56 1.0 2# 16oz Paint 1 38.70 ------------------------------------------------------------------------------- Subtotals =_> 131.26 1.0 0.0 Parts 131.26 Body Labor 1.0 hrs @ $ 44.00/hr 44.00 ---------------------------------------------------- SUBTOTAL $ 175.26 Sales Tax $ 175.26 @ 6.0000% 10.52 ---------------------------------------------------- GRAND TOTAL $ 185.78 1 03/20/2008 at 08:51 AM 77162 Job Number: 1995 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: 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 0/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. 03/20/2008 at 08:51 AM 77162 Job Number: 1995 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 03/01/2008, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. DPT 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 Recy 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. 3 AFFIDAVIT I, Carol E. Bell, owner of 1981 VW Rabbit, do hereby certify that I purchased used parts to help Joe Gravino's Body and Paint Shop repair the aforementioned automobile. I purchased the following parts for CASH. $50 1 VW Rabbit body (for spare tire housing and rear body section) Purchased from Jim Moul of Jim's Auto Repair, 105 Texaco Rd, Mechanicsburg PA 17050 $50 1 VW Rabbit front and rear bumper assembly Purchased from Luke Wagner of Wagner's VW Service, 144 Fairiane, Grantville PA 17028 $100 Parts Total I certify that all information stated above is true and correct. 61-44- a-a- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS On this the t day of 2008, before me the undersigned officer, personally appeared CAROL E. B AL, isfactorily proven to be the person whose name is subscribed to the within document and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FRED NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of , 2008, I, Katherine A. Frey, 6t-1- U- 0 Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Tim By: Katherine A. Frey CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of Q"k:? 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, certified mail, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: J ' NA- K! A. Frey B COPY C> C_ . 0 -n Johnson, Duffle, Stewart & Weidner -- -n °-?_ Kelly L. Bonanno r _ -° `= - I.D. No. 200811 - - 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Phone: (717) 761-4540 E-mail: klb@jdsw.com CAROL E. BELL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2671 Civil Term JEWELY R. LATCHAW, a minor and/or CIVIL ACTION - LAW WILLIAM A. LATCHAW, JR., her father Defendants NOTICE 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 Telephone: (717) 249-3166 AVISO USTED 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 par 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 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: klb@jdsw.com CAROL E. BELL Plaintiff V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father Defendants NO. 08-2671 Civil Term CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1. Therefore, such allegations are specifically denied, and strict proof thereof demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that Defendant Jewely Latchaw was driving a vehicle owned by her father at the specified time. However, the remainder of this averment is denied to the extent that it implies that Defendant William Latchaw was in any way negligent or in any way caused the damages claimed by the Plaintiff. 5. Admitted in part. Denied in part. It is admitted that an accident occurred. However, the remainder of Paragraph 5 is specifically denied to the extent that it implies that Defendants were in any way negligent or caused the damages claimed by the Plaintiff. 6. Admitted in part. Denied in part. It is admitted that this is Plaintiff's description of the accident. However, the alleged third vehicle obtained no visible damage, and its owner and operator reported no damages, therefore, strict proof of this collision is demanded at trial. 7. Admitted in part. Denied in part. It is admitted that Defendant Jewely Latchaw was issued a citation as described. However, the remainder of this averment is denied to the extent that Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA it implies that Defendants were in any way negligent or caused the damages claimed by Plaintiff. 8. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph B. Therefore, said allegations are specifically denied and strict proof thereof demanded at trial. 9. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 9. Therefore, said allegations are specifically denied and strict proof thereof demanded at trial. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and dismiss Plaintiffs complaint with prejudice. NEW MATTER By way of further answer and response, Defendants submit the following new matters: 10. That if it is found that Defendants were negligent, which is specifically denied, then such negligent was not the proximate or factual cause of Plaintiff's damages. 11. That Plaintiff has failed to state a claim for which relief can be granted. 12. That Plaintiff's vehicle is a 1981 Volkswagen Rabbit with over 259,000 miles, and the value of said vehicle is far exceeded by the alleged cost of repairs. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and dismiss Plaintiff's complaint with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. B n nno, Esquire I. D. No.: 11 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff VERIFICATION The undersigned says that the facts set forth in the foregoing complaint are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Date: Kelly L. Bonann CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 22"d day of July, 2008, addressed to the following: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly L. Bonan :337711 Patricia J. Romano, Esquire n 4711 Locust Lane ' ?- -+ Harrisburg, PA 17109 ` 717-657-0632 IN) ^ 3T No. 88161 Id - `- . Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2671 CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please enter a Judgment upon Default against the Defendant in the subject matter in the amount of $2,383.89. I certify that a Complaint was filed in Cumberland County on June 3, 2008, and was served upon Defendant's attorney by U.S. mail, First Class, no later than June 12, 2008 (copy of letter 6/9/08). To date, Defendant has not filed an Answer in Cumberland County, and has declined to return or file the Acceptance of Service, although acknowledging receipt of the Complaint by telephone contact. Patricia J. Romano, Esquire C) ti _ Q 4711 Locust Lane Harrisburg, PA 17109 '„ 717-657-0632 -w Id. No. 88161 Attorney for Plaintiff i? F17 - -I CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2671 JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please enter a Judgment upon Default against the Defendant in the subject matter in the amount of $2,383.89. I certify that a Complaint was filed in Cumberland County on June 3, 2008, and was served upon Defendant's attorney by U. S. mail, First Class, no later than June 12, 2008 (copy of letter 6/9/08). To date, Defendant has not filed an Answer in Cumberland County, and has declined to return or file the Acceptance of Service, although acknowledging receipt of the Complaint by telephone contact. Attached are the Affidavits required under Pa.R.C.P. 1037. _ r c Dated: By: Patricia J. Rom o, Esquire 4711 Locust L e Harrisburg, PA 17109 717-657-0632 Id. No. 88161 PATIXICIA I ROMANO, ESQ. 4711 Locust Lane Harrisburg, PA 17109 ATTORNEY AT LAW (717) 657-0632 Fax(717)657-1512 June 9, 2008 Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 . RE: BELL V. LATCHAW NO. 08-2671 Dear Attorney Bonanno: Enclosed please find a time-stamped copy of the Complaint that was filed with the Court of Common Pleas of Cumberland County on June 3, 2008, as well as an Acceptance of Service. Kindly sign the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. Thank you for your attention to this matter. Please feel free to contact my office should you have any questions._____ Very truly yours, ?? f a Patricia J. Romano PJR/kaf Enclosures cc: Carol E. Bell (w/encl.) JOE GRAVIN09S BODY AND PAINT SHOP PHONE 717-234-8969 18 NORHT 2,ff STREET (PENBROOK) HARRISBURG, PA 17103-1803 FAX 717-234-8343 AFFIDAVIT I, Joseph A. Gravino, Jr., owner and operator of Joe Gravino's Body and Paint Shop, do certify to the following: 1. I provided an estimate for and conducted the repairs to a 1981VW Rabbit belonging to Carol E. Bell, subsequent to a collision on November 21, 2007. Attached are two itemized bills setting forth the charges for labor and material used in repair of property. The rear trailer hitch destroyed in collision was omitted on original invoice. Final cost was lower than initial estimate due to owner aiding and purchasing used parts to expedite repair job. 2. I operate a reputable and qualified auto body shop, having been in business over 50 years. My Federal ID# at time of repair was 231429981; my current Federal ID# is 261372201. My current Motor Vehicle Physical Damage Appraiser License number is 245660. I follow all guidelines set up to use fair market pricing. I work with many insurance companies on collision work and these charges are within an acceptable range. 3. All repairs listed on attached itemized bill(s) were necessary to repair this vehicle to its pre-damaged condition. All prices for labor and material are fair and reasonable and those customarily charged, less in this case due to owner acquiring parts as previously stated. 4. These charges reflect work performed to repair collision damage only. I certify that all statements in this affidavit are true and correct to the best of my knowledge. COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN On this the cx day of 2008, before me the undersigned officer, personally appeared JOSEPH A. VI , JR., satisfactorily proven to be the person whose name is subscribed to the within document and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. f Notary Public NOTARIAL SEAL KATHERINE A. PREY, NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION IXPiRES SEPT. 2, 2010 01/23/2008 at 02:55 PM Job Number: 1943 77162 JOE GRAVINO BODY AND PAINT SHOP Federal ID #:231429981 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 PRELIMINARY ESTIMATE Written By: Joseph A. Gravino, Jr Adjuster: Insured: Carol E Bell Claim # Owner: Carol E Bell Policy # Address: 661 Luther Rd Deductible: Harrisburg, PA 17111 Date of Loss: Other: (717)561-2885 Type of Loss: Cellular: (717)433-6680 Point of Impact: Inspect Location : Insurance Business: (717)921-8823 Company: Days to Repair 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: VIN: 1VWCB9178BVI20929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1# Repl Set up and measure 1 2.0 F 2# Repl Pull to align (Unibody) 1 4.0 F 3# Repl Spare Tire Housing LKQ 1 5.0 4# Repl Rear Body Section LKQ 1 10.0 1.5 5# Repl RT Tailamp Assy LKQ 1 50.00 Incl. 6# Rpr Install LKQ Rear Bumper Assy 1.0 7# Rpr Install LKQ Front Bumper 1.0 Absorber RT 8# Rpr RT Quarter Panel 8.0 2.5 9# R&I RT QTR Panel Mouldings 0.5 10# Rpr Rear Floor 4.0 11# Tint Color 1 0.5 12# Seam Sealer 1 5.00 13# Repl Cover vehicle for overspray 1 8.00 T 0.3 14# Repl Hazardous waste removal 1 3.50 T 15# Repl Clean and detail for delivery 1 10.00 T -------------------------------------------------------------------------------- Subtotals ==> 76.50 35.8 4.5 1 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: Parts 55.00 Body Labor 29.8 hrs @ $ 44.00/hr 1311.20 Paint Labor 4.5 hrs @ $ 44.00/hr 198.00 Frame Labor 6.0 hrs @ $ 46.00/hr 276.00 Paint Supplies 4.5 hrs @ $ 23.00/hr 103.50 Sublet/Misc. ---- -------- ----- -- -- --------- 21.50 -------- -------------- SUBTOTAL $ 1965.20 Sales Tax $ 1965.20 @ 6.0000% 117.91 GRAND TOTAL $ 2083.11 This estimate is based on our initial inspection. Occasionally, additional worn and/or damaged parts are discovered upon commencement of repairs. This estimate cannot allow for such contingencies. All damaged parts will be discarded unless we are otherwise notified prior to disposal. All parts prices subject to invoice. *** Color on plastic parts*** When refinishing plastic parts it is common to see a slight color variation between the refinished plastic part ie: mirrors, moldings, bumpers, door handles, etc. when compared to the surounding or adjacent metal panels. This same variation can be seen on many of the plastic parts with original OEM paint. This is due to the refinishing processes, and various viewing angles of the color. 2 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: 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 0/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. 01/23/2008 at 02:55 PM 77162 Job Number: 1943 PRELIMINARY ESTIMATE 1981 VW RABBIT LS 4-1.6L-FI 2D SED Int: s Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 01/01/2008, 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 Recy 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. 4 03/20/2008 at 08:51 AM 77162 Job Number: 1995 JOE GRAVINO BODY AND PAINT SHOP LLC License #:245660 Federal ID #:261372201 "OUR 54TH YEAR IN BUSINESS" 18 North 27th Street Harrisburg, PA 17103 (717)234-8969 Fax: (717)234-8343 ESTIMATE OF RECORD Written By: Joseph A. Gravino, Jr 03/20/2008 08:51 AM Adjuster: Insured: Carol E Bell Owner: Carol E Bell Address: 661 Luther Rd Harrisburg, PA 17111 Cellular: (717)433-6680 Other: (717)561-2885 Inspect Location: Insurance /rZ 7 Company: (?i? Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: 1981 VW RABBIT LS 4-1.7L 2D SED Int: Days to Repair s VIN: 1VWCB9178BVI20929 Lic: EPY 7764 PA Prod Date: Odometer: Intermittent Wipers Tinted Glass Dual Mirrors Recline/Lounge Seats 5 Speed Transmission ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------- ----------------------------------------------------------------- 1# Repl Rear Trailer Hitch 1 92.56 1.0 2# 16oz Paint 1 38.70 ------------------------------------------------------------------------------- Subtotals =_> 131.26 1.0 0.0 Parts 131.26 Body Labor 1.0 hrs @ $ 44.00/hr 44.00 ---------------------------------------------------- SUBTOTAL $ 175.26 Sales Tax $ 175.26 @ 6.0000% 10.52 ---------------------------------------------------- GRAND TOTAL $ 185.78 1 03/20/2008 at 08:51 AM 77162 Job Number: 1995 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: 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 0/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. 03/20/2008 at 08:51 AM 77162 Job Number: 1995 ESTIMATE OF RECORD 1981 VW RABBIT LS 4-1.7L 2D SED Int: 7-stimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide EOA9200, CCC Data Date 03/01/2008, and the parts selected are OEM-parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. APT 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 Recy 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. 3 AFFIDAVIT I, Carol E. Bell, owner of 1981 VW Rabbit, do hereby certify that I purchased used parts to help Joe Gravino's Body and Paint Shop repair the aforementioned automobile. I purchased the following parts for CASH. $50 1 VW Rabbit body (for spare tire housing and rear body section) Purchased from Jim Moul of Jim's Auto Repair, 105 Texaco Rd, Mechanicsburg PA 17050 $50 1 VW Rabbit front and rear bumper assembly Purchased from Luke Wagner of Wagner's VW Service, 144 Fairlane, Grantville PA 17028 $100 Parts Total I certify that all information stated above is true and correct. 6J-t./M COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN On this the ?eday of 2008, before me the undersigned officer, personally appeared CAROL E. B AL, isfactorily proven to be the person whose name is subscribed to the within document and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public NOTARIAL SEAL KATHERINE A. FREK NOTARY PUBLIC LOWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES SEPT. 2, 2010 r t? CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this V day of , 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Katherine A. Frey CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, certified mail, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Katherine A. Frey JERRY R. DUFFIE RICHARD W. STEWART FILE MELISSA PEEL GREEVY ROBERT M. WALKER W NLEY D M C. ROY WEIDNER, JR. A ADE . EDMUND G. MYERS ELIZABETH D. SNOVER DAVID W. DELUCE L A W O F F I C E S KELLY L. BONANNO JOHN A. STATLER JEFFERSON J. SHIPMAN OHNSON OF COUNSEL JEFFREY B. RETTIG J HORACE A. JOHNSON KEVIN E. OSBORNE RALPH H. WRIGH WRIGHT, JR. DUFFIE F. LEE SHIPMAN MARK C. DUFFIE (1965-2006) JOHN R. NINOSKY MICHAEL J. CASSIDY 14-1 E MAIL: 1;l1)01td;wA'0x1) July 23, 2008 VIA FACSIMILE 657-1512 and REGULAR MAIL Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Re: Carol E. Bell v. William A. Latchaw, Jr. Docket No. CV-608-07 Dear Ms. Romano: I am in receipt of your July 21, 2008, correspondence in which you attempted to serve me with what appears to be a 10 Day Notice. Please note that the document you have submitted is not a proper 10-Day Notice, and does not comply with the Pennsylvania Rules of Civil Procedure. In addition to its procedural impropriety, you were aware that the Answer had erroneously been filed in Dauphin County, and received a copy. You knowingly attempted to benefit from my clerical error, which I believe you will find to be a violation of the Rules of Professional Conduct. In any event, my error was noted prior to your correspondence and a proper Answer has been filed in Cumberland County. The fact that I have not signed your Acceptance of Service is irrelevant at this point. I have reviewed the rule of Civil Procedure noted in your letter and would point your attention to the fact that the Rule refers to the assessment of damages in a Judgment Upon Default or Admission. The relevant section of Rule 1037 states that "The prothonotary, on praecipe of the plaintiff shall enter judgment against the Defendant for failure to file within the required time a pleading to a complaint which contains a notice to defend or except as provided by subdivision (d), is. We have not admitted that any for any relief admitted to be due by the defendant's pleading damages are due to your client. I would point your attention to the appropriate Rule, which is Pa. R.C.P. 237.1 which states that "No judgment of non pros for failure to file a complaint or by default for failure to plead shall be entered by the prothonotary unless the praecipe for entry includes a certification that a written notice of intention to file the praecipe was mailed or delivered." The rule goes on to say that, notice must be given "after the failure to plead to a complaint, and at least ten days prior to the date of the filing of the praecipe to the party against whom 301 MARKET STREET P.O. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WWW.IDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Patricia J. Romano, Esquire July 23, 2008 Page 2 judgment is to be entered and to the party's attorney of record, if any." Pa. R.C.P. 237.5 provides the text which must be contained in a proper 10 day notice as required by Pa. R.C.P. 237.1(a)(2). This was clearly never done as I did not receive any notice 10 days prior to your attempt to have a default entered. Although I understand that your position is that our Answer was untimely, in accordance with the rules, it in fact, is not untimely until the expiration of the ten days provided for in the ten day notice. Since no proper ten day notice was served, I am in full compliance with the Rules and further, no default can be entered for your client. Further, from our conversation today, it appears that you have filed this praecipe, which is wholly inappropriate and in violation of the Rules. Your repeated refusal to follow the Pennsylvania Rules of Civil Procedure is causing further delay for the resolution of this matter, and further expense for both clients involved. If you continue to proceed in this manner and continue to file things that do not comply with the Rules which require me to submit additional and unnecessary filings or do other unnecessary work, I will be forced to ask the Court to assess attorney's fees against you. Finally, our $1,000 settlement offer still stands. Please notify your client that I intend to issue discovery this week unless we reach some sort of settlement agreement. At the conclusion of discovery I intend to have this case listed for arbitration. In the meantime, should you have any questions, please do not hesitate to contact me. Very truly yours, OHNSON DUFFIE, STEWART & WEIDNER Kelly L. Bonanno KLB:339285 22740-2285 JERRY R. DUFFIE RIC.IIARD W STEATART C. ROY WE•IDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, IR MARK C. DUFFIE JOHN R. NINOSKY MICHAI I: J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. M.ANLFY ELIZABETH D. SNOVER KELLY L. BONANNO JLy-1i?isoN DUFFIE FAX COVER LETTER TO: Patricia J. Romano, Esquire DATE: FROM: Kelly L. Bonanno, Esquire FAX NO RE: Bell v. Latchaw PAGE: OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) S-V Al Pago July 23, 2008 657-1512 1 of 3 HARD COPY WILL FOLLOW IN TODAY'S MAIL The information contained in this facsimile message is confidential information protected by statute as privileged. It is intended for the use of the individual named above and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service. 301 N$ARKI:'F STREET P.O. BOY 109 LEMOYNE, PENNSYLVANIA 17043-0109 Wt'l'WIDSWCONVI 1117.761.4540 FAX: 717.761.3015 MAILQIDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. PROTHONOTARY'S OFFICE Court House - Carlisle, PA 17013 In accordance with Rule 236 of the P s lvania Supreme Court, this is to notify you that the following (order) (decree) judgment was entered against you in this office. Plaintiff l 'llro? E QP ?? Defendant _ Wi 11iQ Laic 1.u) Jr. Date 20QL_ # (oq I Civil 200g lerwt RECEIVE JUL 2 81000 JOH s Prothonotary p K 8 Ju1 25 2008 1:07PM MRRIRNNE E RUDEBUSCH ESQ 717-657-1512 p.2 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, it, minor and/or WILLIAM A. LATC'HAW, JR, her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-2671 CIVIL ACTION - LAW IMPMANT NOTICE PURSUANT TO PA.I3 QP, NO.237.1(aN2l YOU ARE 11%TDEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE AS PROVIDED UNDER PA.R,C.P. 1026(a). UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE of THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A IIEARING, AND YOU MAY LOSE YOUR 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 F ORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIltING 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. F' ) h.J ?.? _r r`? ? - *"i ' ^ ?? _:.j Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2671 CIVIL ACTION - LAW PRA CF IPE TO WITHDRAW_ PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please withdraw the Praecipe for Judgment Upon Default that was filed on July 23, 2008, regarding the above captioned matter. Dated: ? C By: 1" 11 Patricia J. Romano, 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 89161 ca r1l) cY i r? F;,7 27 '70 JUL 312008 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 CAROL E. BELL Plaintiff Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father Defendants NO. 08-2671 Civil Term CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this T ' day of 2008, the Plaintiff herein is directed o.1-- to show cause why the Petition to Open Judgment should not be granted. Rule returnable i 1 Xelly L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for the Petitioners f' itricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Attorney for the Plaintiff 1 P'l S- "TJ NOZ tj 0.4 411H 7 . , Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2671 JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants PLAINTIFF'S PETITION TO VACATE DEFAULT JUDGMENT ENTERED FOR PLAINTIFF AND NOW, comes the Plaintiff, Carol E. Bell, by and through her attorney, Patricia J. Romano, Esquire, and respectfully files the following Petition to Vacate Default Judgment, and in support thereof avers as follows: 1. On July 23, 2008, the Cumberland County Prothonotary entered a default judgment in the subject matter for Plaintiff (Exhibit A). 2. Plaintiff avers that she is not entitled to the Judgment, the Judgment being the result of mutual errors by both Plaintiff and Prothonotary. 3. Immediately upon learning ofthe erroneously entered Judgment, Plaintiff filed a Praecipe to Withdraw Default Judgment on July 28, 2008 (Exhibit B). 4. On July 28, 2008, Defendant filed Plaintiffs (sic) Petition to Reopen Judgment Upon Default. 5. A hearing is scheduled in this matter before this Honorable Court on August 20, 2008 (Exhibit Q. 6. Plaintiff agrees with Defendant that Plaintiff is not entitled to the Judgment, making a hearing in this matter unnecessary. WHEREFORE, in the interest of judicial economy and fairness, Plaintiff asks that the Default Judgment be vacated and Defendant's Petition to Reopen be denied as moot. Respectfully Submitted, V a- , I)- il-I -kP ? L,,,,- Patricia J. Romano, Es uire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 . -V Dated: - (4 2 EXHIBIT A PROTHONOTARY'S OFFICE Court House - Carlisle, PA 17013 In accordance with Rule 236 of the P lvania Supreme Court, this is to notify you that the following (order) (decree) judgmen was entered against you in this office. Plaintiff Girl E. Ref) Defendant Wi jliam A. La+6ato.dr- Date 20M- # o'ilo'11 Civil 2008 a m & Prothonotary 0 K B RECEIVED JUL 2 82008 J H EXHIBIT B FILED--0-=IC' OF T',r F„??TY aAQ? Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2671 JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants PRAECIPE TO WITHDRAW PRAECIPE FOR JUDGMENT UPON DEFAULT To the Cumberland County Prothonotary: Please withdraw the Praecipe for Judgment Upon Default that was filed on July 23, CIVIL ACTION - LAW 2000 JU 30 PIN 12: 4, 7 2008, regarding the above captioned matter. Dated: ? 19- 9'/C) By: Patricia J. Romano, 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 EXHIBIT C 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 Attorneys for Defendants (. CAROL E. BELL Plaintiff JUL 31 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father Defendants NO. 08-2671 Civil Term CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this J? ('0day of 2008, the Plaintiff herein is directed to show cause why the Petition to Open Judgment should not be granted. Rule returnable / J. V,Ke?ily L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for the Petitioners ,,Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Attorney for the Plaintiff I CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. JEWELY R. LATCHAW, a, : CIVIL ACTION - LAW minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants CERTIFICATE OF SERVICE , 2008, I, Katherine A. Frey, AND NOW, this ? day of k6?? Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: Katherine A. Frey t-' ,;? C? "? c.a T ?? J ? ? ! ( ? ?1 { .y ,... .. 1 l? . ? ` _ t: ? :i? e . sr V, Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants AUG 18 2008,„/ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2671 CIVIL ACTION - LAW ORDER TO VACATE DEFAULT JUDGMENT ENTERED FOR PLAINTIFF AND NOW, this " day of 2008, upon review of the attached Petition to Vacate Default Judgment, it is hereby ORDERED that Plaintiffs Default Judgment against Defendant is vacated and Defendant's Petition to Reopen Judgment Upon Default is denied as moot. THE CO E. GUIDO, J. Distribution: /tricia J. Romano, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 ,Aelly L. Bonanno, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 1 ONVA VS11i ,d ?G "I WJ 61 5 AV 808Z ?ti t? 1 U/t ti C 31H IJO 011.1 1i 4?i?11Y CAROL E. BELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2671 CIVIL TERM JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20th day of August, 2008, the default judgment previously entered is stricken. atricia J. Romano, Esquire F/elly or the Plaintiff L. Bonanno, Esquire r the Defendants J srs • - K JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I. D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 E-mail: jrn@jdsw.com CAROL E. BELL, V. Plaintiff JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants TO THE PROTHONOTARY: Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE NO. 2008-2671 CIVIL TERM CIVIL ACTION - LAW PLEASE substitute my appearance as the attorney for the Defendants in the above- captioned matter. Date: November 20, 2008 351263 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ??A L?4411n Joh . Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing Praecipe has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 JOHNSON, DUFFIE, STEWART & WEIDNER By: ohn R. Ninosky h.2 t__.. .' l i . r?;y F ?, ?..? "' ' ? .. !?? { ?-. ^.A «.. "ti CAROL E. BELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : NO. 08-2671 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninoksy, counsel for the Defendants in the above action respectfully represent that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Patricia J. Romano, Esquire (Plaintiff) and John R. Ninoksy, Esquire (Defendants) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOH SON, DUFFIE, TEWART & WEIDNER Joh R. Ninokky, Esquire Date: November 21, 2008 Attorney for Defendants ORDER OF COURT AND NOW, this day of foregoing petition, Esq. and action as prayed for. By the Court, P.J. 2008, in consideration of the Esq., and Esq. are appointed arbitrators in the above captioned 351267 ??? t`-) ?_ ? f ?- ? ??s _ k 1 ?' ' ^? ' re "' ;' ? : ? _ k f . . \. ?,! s `' ? ?" ,t '' ? > 2« V ...?. s`?? .. r '.:l Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CAROL E. BELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants NO. 08-2671 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS Patricia J. Romano, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $2,368.89, plus court costs and filing fees. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Patricia J. Romano, Esquire and Kelly L. Bonanno, Esquire of Johnson, Duffle, Steward & Weidner, P.C. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, C Dated: (} ( j Patricia J. Romano,; 4711 Locust Lane Harrisburg, PA 17 09 717-657-0632 Id. No. 88161 CAROL E. BELL, Plaintiff V. JEWELY R. LATCHAW, a, minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2671 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of ?n?QJyui?- , 2008, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Kelly L. Bonanno, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 By: , I& Katherine A. Frey ?C ? ?-? ? U _ ?' ` rv': d I ?? 3 W ? s v ?, ._- a ??,, s: CAROL E. BELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEWELY R. LATCHAW, a minor and/or WILLIAM A. LATCHAW, JR., her father, Defendants NO. 08-2671 CIVIL TERM CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninoksy, counsel for the Defendants in the above action respectfully represent that: The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Patricia J. Romano, Esquire (Plaintiff) and John R. Ninoksy, Esquire (Defendants) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, JOHNSON, DUFFIE, TEWART & WEIDNER 11" )1 Joh R. Ninosky, Esquire Date: November 21, 2008 Attorney for Defendants ORDER OF COURT AND NOW, this ID?k day of LU1AAL 2008, in consideration of the foregoing petition,WA.tJcrt ?e `;?d 0 6Z&L , Esq., and P a W% L/9c ? Esq. and . Loc_ , Esq. are appointed arbitrators in the above captioned action as prayed for. By a Court, CM_ _ P.J. 351267 F-- czi cV - ?• ? oq ? "kz -r,7 fu C ? CZ) ?. qq .a. J w D. a Karoo, b-t tl???N L " ?? n k,141 b-t Joh^ (?, ???°p8 DO ? .''f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL E. BELL No. 08-2671 Civil Term Plaintiff V. JEWELY R. LATCHAW, a minor and/or CIVIL ACTION - LAW WILLIAM A. LATCHAW, JR. her father Defendants ORDER AND NOW, on ' day of , l7Dg , in consideration of the foregoing plead th W- is appointed replacement arbitrator in the above captioned action as prayed for. BY O T, _ ( C\j ?. i;. rS C_ L cc L..3 ? Q N ? J Q Cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL E. BELL No. 08-2671 Civil Term Plaintiff V. : JEWELY R. LATCHAW, a minor and/or CIVIL ACTION - LAW WILLIAM A. LATCHAW, JR. her father Defendants DECLINATION OF APPOINTMENT AND REQUEST FOR APPOINTMENT OF REPLACEMENT ARBITRATOR AND NOW, comes an Apppointed Arbitrator, Sarah E. McCarroll and respectfully requests this Court appoint a replacement arbitrator and avers as follows: 1. Sarah E. McCarroll was appointed arbitrator in the above captioned case on December 10, 2008. 2. The proposed hearing date for the case is February 10, 2009. 3. Sarah E. McCarroll will be on maternity leave well before the proposed hearing date and is unable to serve as arbitrator. 4. A replacement arbitrator should be appointed so the hearing can be scheduled in a timely manner. Wherefore, Sarah E. McCarroll respectfully requests this Court appoint a replacement arbitrator for the above captioned case. Respectfully Submitted, Sarah E. McCarroll PA 91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 CAROL E. BELL, PLAINTIFF V. WILLIAM A. LATCHAW, JR., DEFENDANT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-2671 CIVIL TERM ORDER OF COURT AND NOW, this 3\ _day of December, 2008, the appointment of Richard Stewart, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Christopher Rice, Esquire, is appointed in his place. By. e#fif Court, /rlin McCaleb, Esquire Chairman Christopher Rice, Esquire Richard Stewart, Esquire Court Administrator eaPY :sal lip ,;zs e&ELCL 1*1? 4? &-V Edgar B. Bayley, J. 1-5 IJJ CAROL E. BELL, In The Court of Common Pleas of Cumberland V. Plaintiff JEWELY R. LATCHAW, a minor and/or County, Pennsylvania No. 08 _ 2671 CIVIL TERM WILLIAM A. LATCHAW, her father, Defendant s 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 with delity. Signature Signature Si ture Marlin R. McCaleb Name (Chairman) Law Offices - Marlin R. McCaleb Christopher E. Rice Name Martson Deardorf Williams & Otto Matthew A. McKnight Name Law Firm TIN: 23-2393754 219 East Main Street Address Law Firm 10 East High Street Address Law Firm 60 West Pomfret Street Address Mechanicsburg, PA 17055 Carlisle, PA 17013 Carlisle, PA 17013 City, Zip City, zip city, zip ? Il'?83 I (wQ U Award # 114-0'] 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.) We find in favor of the Plaintiff and against the Defe dant, LV R, ?f ?rflrfkl in the amount of /?0 but in favor of the Defendant, Lc/illla*t, and against the Plaintiff. .,Arbitrator, dissents. (Insert name if i Date of Hearing: Date of Award: -' Notice of Entry of Award Now, the 1a1*" day of 20 0 9 , at A .M., the above award was entered upon the docket and notice thereof given by mail to the parties oI their attorneys. Arbitrators' compensation to be paid upon appeal: $ (171? zkzz" By: Prothonotary Deputy 0 co i T ?l9?'