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Home My WebLink About04-3378THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR Identification No.: 81894 21 S. 210t Street Philadelphia, PA 19103 (215) 988-9600 ,ESQUIRE Attorney for Plaintiff Erie Insurance Company COURT OF COMMON PLEAS 4901 Louise Drive CUMBERLAND COUNTY Mechanicsburg, PA 17055 Individually and as Subrogee on behalf of George Koch and George Koch 73 Old Federal Road Camp Hill, PA 17011 VS. Michael Sheibley 614 Apple Drive Mechanicsburg PA 17055 NO.:0q- UC?,? 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 JUDGEMENT 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) 24903166 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Erie Insurance Company COURT OF COMMON PLEAS 4901 Louise Drive CUMBERLAND COUNTY Mechanicsburg, PA 17055 Individually and as Subrogee on behalf of George Koch and George Koch 73 Old Federal Road Camp Hill, PA 17011 NO.: 04 - VS. Michael Sheibley 614 Apple Drive Mechanicsburg PA 17055 COMPLAINT IN CIVIL ACTION 1. George Koch (the "Plaintiff"), is an adult individual residing at the address above-captioned. 2. Plaintiff, Erie Insurance Company is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is Subrogated to the rights of the Plaintiff arising out of the within claim. 3. Michael Sheibley (the "Defendant"), is an individual residing at the above-captioned address. 4. At the special instance, plaintiff delivered to the defendant(s) merchandise on the dates, of the kinds, in the amounts and for the prices set forth in a true and correct copy of plaintiff's :books of original entry attached hereto, made part hereof, and marked Exhibit "A". 5. Defendant(s) accepted said merchandise without complaint, for repair, service and consignment sale. 6. The prices set forth in Exhibit "A" are the market prices for the said merchandise, and are the prices which the defendant(s) agreed to pay therefor. 7. All the credits, if any, to which the defendant(s) is(are) entitled are set forth in Exhibit "A" 8. At all times material hereto the Plaintiff was insured by plaintiff, Erie Insurance Company. 9. As a result of the Defendants' negligence, Erie Insurance Company, has made compensation for said properly loss to the Plaintiff. 10. Plaintiff, Erie Insurance Company, Individually and as Subrogee on behalf of the Plaintiff, has paid money to the Plaintiff for property loss in the amount of $2,300.00, for which Plaintiff demands remuneration from the Defendant. WHEREFORE, Plaintiffs, George Koch and Erie Insurance Company, Individually and as Subrogree on behalf of George Koch, claim damages from the Defendant, in the amount of $2,300.00, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & BY PAUL A. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiffs PO1D 2009901 VERIFICATION PAUL M. SCHOFIELD, JR.,ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authpr7Lties PAUL A. SCHOFIELD, JR.,ESQUIRE Dated: June 30, 2004 EXHIBIT "A" . tea,, plar?D?95? SSG RECORDED STATEMENT c(nm+ NurdeER ERIE INSURANCE GRCSUP" SUMMARY H ERIE, AdFD INSURED FVS OF TAKEN I3Y txPLAIN -WA (J A DR. (]C 1;]tiMFNE55 rj OTNFR: J DAl F 7 AKCN TIME ? F N ( S 4 0 r?18 /03 I c `? F1 r r.' j _ - LOCATION OE LOSS t(, 1'l1N9UREDM1NITREBS p pATE TE /A d -i_ - OF LOSS DAY OFWFEK 111dE (.I AM1, WEATHER N /A POIIGE SFA7 BELTS' DRIVER ? YES [! Nn -.. ..: .__,.•"?c:..'. __ _ --__. _ .__ __.. PASSFNGFR F1 YES LINO SUMMARY /b ?.>7 ?/ltLcc 7f cy /?_CJ c'?{o 9'' 9 f at(' r , r r? ?_if y? 1.10 e r e ?U P a _..? . If ?) 9' v r)/1h.; t, c.crcc. _< <r ?? d l.?? ??_vc t., 6 ?71.r.Y L? itlptxcoA A Ac --- ?l?c?vorn(?zz?te_?D?-s JDu9ov, -- q ? e.¢rcaL> C1.9 n ? /?`'t.c_,d+-e n_ ?-2? ya e JrZ) ? ? /..1? x.>_ 1?VL.S ?L?uJ e F?_ o-t..r? - 5oc - _ ., rn /!r ' 1 ° } C'-C / 4 Li t2 a q Y r 'N_ /L-0 s 103 cAc4-) GATE SIGNED C-23 30/86 (Ft) (E) LRW ERIE INSURANCE EXCHANGE HOMEPROTECTOR POLICY AMENDED DECLARATIONS 01 * * ULTRACOVER EFFECTIVE 05/27/03 ATTACH THIS TO YOUR POLICY. REASON FOR AMENDMENT - ADDED ITEM(S) TO PERSONAL ARTICLES COV AA7027 REILLY INSURANCE GROUP 04/17/03 TO 04/17/04 Q52 1705268 H GEORGE KOCH & JANET KOCH 73 OLD FEDERAL ROAD CAMP HILL PA 170111-2048 AGENT - REILLY INSURANCE GROUP AGENT PHONE - (717) 233-4001 O 16170 6 9 5(' r y 6..c.A. AS LISTED BELOW OR ON REVERSE SIDE 2843 NORTH FRONT STREET HARRISBURG PA 17110 1268 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17011 HAMPDE TWP, CUMBE CO PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION .1975, FRAME, PROTECTION CLASS A. PROPERTY IS WITHIN 500 FEET OF A FIRE HYDRANT AND WITHIN 2 MILES-OF A RESPONDING FIRE DEPARTMENT. THE AMOUNT OF INSURANCE APPLYING TO THE DWELLING IS THE REPLACEMENT COST AT THE TIME OF THE LOSS. SECTION I - PROPERTY PROTECTION AMOUNT OF INSURANCE DWELLING $ 197,000 OTHER STRUCTURES $ 39,400 PERSONAL PROPERTY $ 147,750 LOSS OF USE LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MONTHS SECTION II - HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY - EACH OCCURRENCE $ 300,000 MEDICAL PAYMENTS TO OTHERS - EACH PERSON $ 1,000 ADDITIONAL CHARGE DUE TO THIS CHANGE $ 29.00 SECTION I DEDUCTIBLE $ 500. APPLICABLE FORMS - 2005 02/01, HP-PA 02/01, OF-8705 06196, OF-6523 08/98, UF9013 04/01, HP-FP 02/03, UF4043 02/03, HP-CT 12/01, HP-AAN 01/97, IM-PA 09/02, IM-100 09195, IM-ZZ 10198. PRIMARY RESIDENCE-MORTGAGEE AMERICHOICE FCU 20 SPORTING GREEN DRIVE MECHANICSBURG PA 17050-2392 SEE REVERSE SIDE AGTMTRSAM 05/28/03 NO BUSINESS PURSUITS ARE CONDUCTED AT THE PREMISES, EXCEPT AS FOLLOWS - ADDITIONAL COVERAGES YOUR BASIC DWELLING PREMIUM REFLECTS A DEDUCTIBLE CREDIT ENHANCEMENT ENDORSEMENT INCLUDES UP TO $10,000 AMOUNT OF INSURANCE FOR SEWERS OR DRAIN BACKUP COVERAGE PREMISES ALARM SYSTEM - TYPE 2 MULTI-POLICY DISCOUNT APPLIES WE COVER THE FOLLOWING CLASSES AMOUNT OF OF INLAND MARINE PROPERTY INSURANCE JEWELRY, AS SCHEDULED - DED NONE $ 29,429 MUSICAL INSTRUMENTS - DED NONE $ 7,900 SCHEDULE OF COVERAGES BY ITEM JEWELRY 1) LADIES DIA RG .25CT 2) LADIES DIA RG .90CT 3) LADIES 18K RG W 3 ROWS OF DIAM 4) LADIES TENNIS BRACELET 2 CT 5) LADIES DIAMOND & EMERALD RING 6) LADIES 14KT GOLD TANZANITE DIAMOND SLIDE W TAN 1.70CT AND .31CT DIAMOND 7) LADIES 14KT GOLD TANZANITE DIAMOND EARRINGS 1.2CT TAN AND .9 CT DIAMOND 8) LADYS 14KT TANZANITE DIAMOND BRACELET W TAN 7.6CT AND 1.9 D IAMOND 9) LADYS 14KT PRINCESS CUT INVISIBLE DIAMOND SLIDE W DI AMONDS 1.95 10) 14 KT ITALIAN YG LDS TANZANITE DIAMOND RING. 3.97 CTS. BAQ UATTE DIAM .99 CARAT. VS2-SI1. COLOR I-J MUSICAL INSTRUMENTS 1) MW SHEIBLEY VIOLIN IN EXCELLENT CONDITION AMOUNT OF INSURANCE $ 850 $ 4876 $ 8400 $ 1000 $ 2799 $ 1670 $ 695 $ 3950 $ 1890 $ 3299 $ 7900 DJO CONTINUATION NOTICE AA7828 MC GOWAN INSURANCE AGCY JAMES CASSELLS & BARBARA CASSELLS 18 DRAPER. CIR LITITZ PA 17543-9032 AGENT - MC GOWAN INSURANCE AGCY AGENT PHONE - (717) 786-2011 ERIE INSURANCE EXCHANGE HOMEPROTECTOR POLICY ULTRACOVER 11/14/02 TO 11/14/03 Q59 1403683 H 13 SOUTH LIME STREET QUARRYVILLE PA 17566 0000 COVERAGE BEGINS AND ENDS AT 12.01 AM STANDARD TIME AT THE LOCATION OF THE INSURED PROPERTY. UNTIL TERMINATED, THIS POLICY WILL CONTINUE IN FORCE. LOCATION OF RESIDENCE PREMISES IF OTHER THAN STATED IN ITEM 1 OR IF SPECIFIC DESIGNATION IS NEEDED. ZIP CODE - 17543 MANHIM TWP, LANCA CO PROPERTY INFORMATION - PRIMARY RESIDENCE, YEAR OF CONSTRUCTION 1989, FRAME, PROTECTION CLASS B. PROPERTY IS WITHIN 1000 FEET OF A FIRE HYDRANT AND WITHIN 4 MILES OF A RESPONDING FIRE DEPARTMENT. AUTOMATIC ADJUSTMENT OF COVERAGE WAS APPLIED. YEARLY INCREASE ON DWLG IS 3%. THE AMOUNT OF INSURANCE APPLYING TO THE DWELLING IS THE REPLACEMENT COST AT THE TIME OF THE LOSS. SECTION I - PROPERTY PROTECTION AMOUNT OF INSURANCE PREMIUMS DWELLING $ 261,500 $ 618.00 OTHER STRUCTURES $ 52,300 PERSONAL PROPERTY $ 196,125 LOSS OF USE LOSS SUSTAINED NOT TO EXCEED 12 CONSECUTIVE MONTHS SECTION II - HOME AND FAMILY LIABILITY PROTECTION PERSONAL LIABILITY - EACH OCCURRENCE $ 500,000 MEDICAL PAYMENTS TO OTHERS - EACH PERSON $ 2,000 PREMIUM CHARGE FOR INCREASED LIABILITY LIMITS $ 23.00 FULL TERM PREMIUM FOR THIS RESIDENCE - - - - - - $ 641.00 FULL TERM ADDITIONAL COVERAGE PREMIUM - - - - - $ 92.000 TOTAL PREMIUM FOR THIS POLICY - - - - - - - - - $ 549.00 SECTION I DEDUCTIBLE $ 250. APPLICABLE FORMS - 2005 02/01, HP-PA 02/01, UF8705 06 196*, UF6523 08/98*, OF-9013 04/01*, HP-AAN 01/97, UF2106 05/01*. SEE REVERSE SIDE AGTSM BJA 10/05/02 NO BUSINESS PURSUITS ARE CONDUCTED AT THE PREMISES, EXCEPT AS FOLLOWS - ADDITIONAL COVERAGES PREMIUMS PREMISES ALARM SYSTEM - TYPE 2 $ 31.00OR MULTI-POLICY DISCOUNT APPLIES $ 61.00CR 1NN110 Account No. 6003PA Attention: MICHELE MOORE Please Reply To: Metropolitan Reporting Bureau Box 926, William Penn Annex Philadelphia, PA 19105-0926 Phone: (800) 245-6686 Fax No: (800) 343-9047 www.metroreporting.com Request for a(n) Burglary ERIE-PA VM 08/19/03 Report. Please return this form with report. > If this event did not occur in your jurisdiction, could you tell > us what other police department might have covered it? INSURED: GEORGE KICK CLAIM No: 010170695684 LRW DATE OF LOSS: 07/31/2003 POLICY NO.: Q521705268 HP LOSS STREET : 614 APPLE DRIVE TIME OF LOSS: 10:00 LOSS CITY : MECHAANICSBURG , PA Description INSURED DROPPED VIOLIN OFF TO HAVE MIKE SHEIBLEY SELL IT FOR INSURED SAYS VIOLIN WAS STOLEN FROM MIKE SHEIBLEY'S OFFICE 07/31/ Police Dept. : MECHANICSBURG POLICE DEPT [) If there is a charge for this service, please enclose your bill with the report and our check will be issued promptly. Very truly yours, H. J. Holden, Claim Department *9690618* BOROUGH OF MECHANICSBURG POLICE DEPARTMENT JACK C. RIrrER 36 Went Allen street DAVID J. 3POTTS Mayor Mechanlceb rg, PA 17055-6203 Chief of Police (717) 691.3300 FAX (717) 697-2671 (717) 691.3300 EMERGENCY 911 August 22, 2003 To Whom it May Co;icern. I am writing in reference to your recent request for a copy of our investigative report concerning the Theff of Unlawful Taking or Disposition investigation in which your insured is a victim or claimant. Please be advised that departmental policy prohibits the release of reports of this nature to any party except law enforcement agencies, unless under court order to do so. Hcwever, 1 can rrnf'tn that there is a report on file where our department,1+as contacted by Mir - Koch on ;upa:t CIO, 2003. M,.. Koch repo;ted cppreximately one yes:- he left two i?: V'inall$'„^.tt' !;rte.'. tt,".'oi CCh?II•lov t? cell 0me was a vintii, rnarlr hl y Sc eihlc-v vzlll sari at ,:T ^ -^^ and the other c student v?•.Nin valued at $LO.i nn C ill 04. 2003 Koch was in town and stopeed to check w;1.h Scheibley who advised Kr,,;h that he couldn't G,nd the vinMins. Sche'bie; told him to check back in a month. M1. Rcheibley instructed this officer he would attempt to locate the violins and let me know if he did, incident number 20030800127 and grime Report Number 0495-2003 were assigned and the primary investigator is Ptim. Timothy E. Dyer. Hopefully, this information will allow you to proceed or settle the claim(s). If you require additional verification, please contact the investigative officer named above. Sincerely, David J. SpotYs , . '7HE BOROUGH OF MEC 4ANICSBURG - A GOOD PLACE TO LIVE" ERIE,, ERIE INSURANCE GROUP KERRY J. RITCHEY, CPCU AIC, Claimsm iaaer Branch pffice • 4901 Louise Dr. • Rossmoyne Business Cenler • PA. Box '1013 • Mechanicsburg. PA 1 7055-0 71 0 (717) 795-8200 • Toll Frv.a 1-800 38T 130E • Fax (717) 796-2315 • unrn,.oricinsurrmce..com George Koch & Janet Koch 73 Old Federal Road Camp Hill, PA 17011-2048 Dear Mr & Mrs Koch : August 8, 2003 Re: ERIE Claim # 010170695684 Loss Date: 07/31/03 Enclosed you will find Proof of Loss and Personal Property Inventory forms which we would like you to complete as a prerequisite to considering your claim for payment. List the stolen items, stating the product/item description, manufacturer, model number, options/features, age of item, and the value claimed for each. Please have the documents notarized and return them to me in the envelope provided. Enclose any receipts or cancelled checks that will support your claim. In keeping with the terms of your policy, you must complete the Proof of Loss and Personal Property Inventory forms, have them notarized, and return them to us within 60 days. ??Sinc hre Lori Renaldi-Wagar Telephone Claims Representative 717-795-2288 288 /LRW PD5 Enclosures: Personal Property Proof of Loss Envelope Inventory ,.?:JQ6 r 13 The ERIE Is Above All In SERVICE, Since 1925 PROOF OF LOSS I CLAIM NUMBER ERIE INSURANCE CDNCEACMENTorAgAUO I , D lD C / 9 Slo?'?/ GROUP We do not provide coverage for any insured who has intentionally concealed EME® or misrepresented any material fact or circumstance relating to this insurance. Was there other insurance on the property for which claim is being made hereunder? ? YES X NO Describe Amount of other insurance $ ...................other company If claim is for theft, pilferage or larceny, states whee uthorities were advised. YES ? NO G r L Ml?i'r4Wwomen TWJ4e'r hen) .?9 (Where)......... OYEP f h . ?. f'? ..................... ? `Z?3C?iCC1, a'? Any A,.,. A1,,,,AM.11ffat may be required will be fumished on call, and considered a part hereof. The said loss did not originate by any act, design or procurement on the part of anyone we protect. Any other information that may be required will be furnished and considered a part of this proof. In consideration of any payment made from this proof, the undersigned hereby assigns and transfars to T"e ERIE and agrees that The ERIE is subrogated to each and all claims and demands against any persons, firms or corporation arising from or connected with such loss or damage to the extent of the amount of such payment. The undersigned agrees he will assist The ERIE in the prosecution of such claims and will execute any and all papers necessary in effecting recovery. It is expressly understood and agreed, that the furnishing of this form to the Insured or the preparing of proofs by an adjuster, or any Agent of The ERIE, is an act of courtesy and is not a waiver of any rights of The ERIE. is&s Alit z /h, C'cul3 , Dated at .................ll..........isl....e ..... ........ ............ Ai?o ........this ..................Q......... M ............_................. day of ..........} ?iS ............. ......... . ..................... q (year) Subscribed and sworn to before me this ....... (] ......................... day of............ ? l A.M.MV ......._.._.__ .......................... . ..... "" _ll arl `iye ............. . ......._.............................. .. Lisa 0. 0 C-496102 t`''Y ?.oTrnM/IMIM?iafl s D rn D c m D m g? s 0 ]}}]K Q? b y ie a? 3 1 3 s 90-1 Zm OC2 UD 6 a m ?m ?m S ?a ohm o = o C C 7 r s= o ? 3 v ?rn a =n 6 a S9 rm (q/J ti 2 "' 0 4 ,i??Ca ?Ati •„ k s rn i I I ?T T' I n? I 1 ? I ? ? ??I I r on 0 z 3 om as ^? T y ? ? C mQ 4 ?o a< 0 n o IcffWO?D] N (V m? 3' C O y O w? d m n f m Z C 1 L 3 z 0 C? r September 8, 2003 To whom it may concern: Description of Items Provided to Mr. Sheibley for consignment sale. 1) Dropped off with Mr. Sheibley for consignment sale I "Jusek" student violin with case and bow and one Sheibley violin, case and bow. The approximate date spring of 2002, around mid March. We cannot find the claim check, which apparently was misplaced during a recent move. 2) The student violin was originally purchased in 1989 from Cagnoli's (Palmyra). It was purchased in conjunction with the Cumberland Valley High School student music program. It had a black case and bow. It carries a brand name "Juzek" we believe made in Czechoslovakia. We estimate the value Ca? $500. 3) The Sheibley violin was purchased in 1993 and has a "Babenruth" Germany stamp - 1989 date on the inside. I have attached an appraisal by Mr. Sheibley @ $7900. The violin had a case costing approx $600 with a "Case & Cover" brand name on it. We believe it was a German case. It was black nylon outside with a red velvet interior. It had a hygrometer to indicate humidity inside the case. There was also a bow originally costing approx $1200. The violin and case were purchased from Mr. Sheibley. The bow was purchased from Deb Anderson, Becky's former violin teacher. 4) Mr. Sheibley met my daughter and her boyfriend in a bar in Harrisburg. Mr. Sheibley clearly remembered the violins and commented how he was trying to sell them. 5) Per my conversation on 8/19/03 with Mr. Sheibley the only thing he can find is the Sheibley violin. I have since picked up the violin. Unfortunately the case and bow along with the student violin with case and bow are unable to be located. At this point the value of those items is estimated at $2300. George G. Koch "AIRMISBURG Rebecca L. Koch KFIgRY .J. RITE! ILY. (W: l INSURANCE GROUT' urlrc • 401 loll Frw; I.SH :.. ,. Ii 'I;.. ME'. Michael Sheibley 614 Apple Drive Mechanicsburg, PA 17055 October 15, 2003 RE: Our Insured: George Koch Date of Loss: 07/31103 Our Claim #: 010170695684 Dear Mr. Sheibley: This is to advise that we are the insurance carrier for the above named policyholder, with regard to a missing violin and bow. We have paid our insured $1,800.00 under his policy for this loss and are now looking to your for reimbursement of our claim. Our investigation reveals that our insured placed these items under your care, custody, and control, and they then went missing. If you have insurance for this type of loss, please forward this matter to your carrier for handling. If you are not insured, please contact me to arrange for payment. You may reach me at (717) 795-2339. Thank you. Respectfully, Q. Bobbi M erkl Subrogation Sp ialist II SM C: George Koch AA 7027 Reilly Insurance Group The ERIE Is Ahcv AI In SER?,dCP„ . S.,,,x '9P5 J, ON I ERIE INSURANCE GROUP ERIE. CERTIFIED MAIL Michael Sheibiey 614 Apple Drive Mechanicsburg, PA 17055 November 21, 2003 RE: Our Claim #: 010170695684 Our Insured: George Koch Date of Incident: 07/31/03 Dear Mr. Sheibley: We had previously written to you requesting reimbursement of our claim. To date, we have had no response. Since our investigation reveals that you are responsible for this damage, we are seeking reimbursement of our claim in the amount of $2,300.00. If we do not have a response from you within 30 days of receipt of this letter, we will have no alternative but to file suit against you. Please contact me at 1-800-382-1304, ext. 339 to discuss this. Thank you. Respectfully, Bobbi erk Subrogation S ialist 11 BM C: George Koch AA 7027 Reilly Insurance Group The ERIE is Ahcnie All In SERUCE.. . Sit.cc i PH ¦ Complete Items 1, 2, and S. Also complete A. Item 4 tt Restricted Delivery is desired x ¦ Print your name and address on the reverse so that we can return the card to you. e. ¦ Attach this card to the back of the nreilpiece, or on the hont If space permits. 0 apart 0 Addressee by ( naed Nerve) I C. Date ivory AMarxs horn Mom t? > tleivary adtlreae bebw: No ?r e cl? a c d A,Q 3.9ervice Type )-706-5 ? t;wMW hW ? &pivaa Mail ? Registered 0 Return R" W for Merchandise Q insured Mail ? C.O.D. d ?, 5,4 h?v do 64 --1 4. ResMctetl DIMW P Oft Fes) D Yee 2 Article Number R 7003 answoomserricoieap 1680 0004 8959 8404 PS Form 3811, August mi Domestic Ratum AWIR 51bda#Ne40 1. Article Addressed to: D. M dsix ! M YE& Ni,r. ; G?ae? S/le;bfe,v- 6/y ,fipple 0., ve 5 jORMSSMa NO! 25 " Erie Insurance Attn: Bobbi Maerkl 4901 Louise Dr. %n(;ll:uaA? ? mirtl.l:) Rossmoyne Business Center P.O. Box 2013 Mechanicsburg, PA 17055-0710 Dear Ms. Maerkl, I am an artist. Communication is easier for me when I write. If you try to call during the day when I am creating, lt is difficult for me to get my thoughts together.1 will explain to the best of my ability the way I see this situation. I do hope this Is not an insurance fraud problem for you. It was about 1993, if I remember correctly, that I sold Mt. Koch a Sheibley manufactured violin. It Is a Stadivad model, one piece slab cut, maple back, with light gold and orange varnish. It is labeled by the maker. The price I received was approximately $1300. 1 didn't see the violin again until one year ago. One year ago, his daughter, Rebecca brought it to me. She wanted money for it. The violin needed a bridge, soundpost adjustment, strings, and possibly more. I told her that I wouldn't buy it back because I wasn't in business to do that, but that I would take lt on consignment. She sold that would be fine. She left the violin here. I gave her paperwork. Check with her to trace that paperwork. I saw Rebecca in a bar one night and we spoke of the violin. I told her lt hadn't been sold. That is the last time I spoke with her. One weekend evening, quite late, Rebecca's father showed up here. He wanted the violin. I told him I was closed. I suggested he return during regular hours. He came back later with no paperwork. I told him 1 would look for the violin, even though h was more difficult without the paperwork. A Mechanicsburg police officer, Officer Dire, called here. I told him of Mr. Koch's late night, weekend visit and his negative, verbally offensive behavior. I searched for the violin and found it. I called Rebecca's father and suggested that Rebecca come to get her violin. If he was going to come instead, I told him he needed to sign a release paper. He came late one afternoon and I gave him the above mentioned, Shelbley violin. He signed a release paper. I gave him a copy. He left with the violin, thanked me, and seemed happy. I walked him to the end of the driveway. s1 HARRISBURG Iaim o1W 706956e8y4 DEC 1 1 2W 614 Apple Urfa • ,1(,: hanicsl a g, N 17,055 • f, 17) '66-09(7,-1 ? ERIE, ERIE INSURANCE GROUP Iq:MY J. RMKY. CPC U. AC f;am. 11:vm{Nu f R rnui OIWO. • 001 Luuis?o Ur. RosaKvy Ht urv '? l onrnr NU Lkx 20!:., FA G !.' 171 : P.,'Y I' u.a W 1 Gi. Crr; . I ,, ', r3 Pwrn n ,u!, . r Michael Sheibley 614 Apple Drive Mechanicsburg, PA 17055 December 11. 2003 RE: Our Insured: George Koch Claim #: 010170695684 Date of Loss: 07/31103 Dear Mr. Sheibley: This is in response to your correspondence received in our office this date. We are well aware that our insured did recover one of his violins from your shop. There was also a student violin that was left in your possession that has not been recovered by our insured. This is the violin for which our insured submitted an insurance claim and was reimbursed for under his policy. We are requesting that you forward this matter to your insurance carrier for resolution. Thank you. Respectfully, Bobbi Mae 11 Subrogation Specia t II BM C: George Koch AA 7027 Reilly Insurance Group The ERIE Is Above All In SER\^CE- • Sirre 1926 Vi Vt j? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE COMPANY ET AL VS SHEIBLEY MICHAEL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEIBLEY MICHAEL the DEFENDANT , at 1546:00 HOURS, on the 13th day of July , 2004 at 614 APPLE DRIVE MECHANICSBURG, PA 17055 by handing to DARYL ZWEIZIG, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.14 10.00 R. Thomas Kline .00 36.14 07/14/2004 GORDON & WEINBERG Sworn and Subscribed to before me this ' day of P.' 9"`{ A.D. a. , 1+2T Po honotary By: / ?? l Dep y Sheriff ERIE INSURANCE COMPANY and GEORGE KOCH, Plaintiffs V. MICHAEL SHEIBLEY, Defendant To: Prothonotary of Said Court: IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2004 - 3378 CIVIL ACTION - LAW MANDATORY ARBITRATION Preempt Of Appeax'anct Kindly enter my appearance for the above Defendant in the above action Respectively submitted, 711 0 Dated The Law Office of John M. Glace to lacy„ Esquire 132 1 ahmt Street H - b g, PA 17101-1612 Telephone: 717-238-5515 Telefax: 717-238-6929 Supreme Ct. ID: 23933 cc: Paul M. Schofield, Esquire tl N ? ?-? . _ '1 _,,, 4, ? ^i i'1'". ? ^ j't .; ?r. -_ _ n -±; . . _ T _'?. .L.' ,,. 'i.. -fi??, C_. ? U) `l.' -?: . ?., ERIE INSURANCE COMPANY, and GEORGE KOCH, Plaintiffs V. MICHAEL SCHEIBLEY, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20004 - 3378 CIVIL LAW - LAW MANDATORY ARBITRATION Notice to Plead To: Erie Insurance Company and George Koch, by and through their attorney, Paul M. Schofield, esquire: AND NOW this day of September, 2004, you are hereby notified that an action of law has been brought against your interest and that you have twenty (20) days to plead responsively from the date of service hereof or a Judgment may be entered against you or factual pleadings may be deemed admitted. The Law Office of John M. Glace 1ut Sreet JV7e17 ace, Esquire HPA 17101-1612 T 717-238-5515 T -238-6929 9 Supreme Ct. ID: 23933 Counsel for Defendant ERIE INSURANCE COMPANY and GEORGE KOCK Plaintiffs VS. MICHAEL SHEIBLEY, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 3378 CIVIL ACTION at LAW MANDATORY ARBITRATION Answer with New Matter AND NOW this day of September comes Defendant, above named, by and through his attorney and presents this Answer with New Matter as follows: 1. Neither admitted nor denied. Defendant after reasonable investigation is unable to determined Plaintiff Koch's residence; but for the averment of the underlying Complaint; which he will not contest. 2. Admitted upon review of Exhibit A; but for the Insured's valuation of the "Sheibley "violin. 3. Admitted. 4. Denied. Defendant admits selling to Plaintiff Koch for his the minor daughter a violin. He denies receiving any violin from Plaintiff at a later date. Defendant admits receiving for consignment sale from Plaintiff Koch's daughter, then an adult only the violin that he had made in his on premises shop. Receipt of a student violin, a violin bow, a violin case as nonsensical. 5. Defendant admits receiving by special circumstances from Defendant Koch's adult daughter for consignment sale her violin that had been hand made by him. Defendant would not receive any other violin, bow or case. By way of further answer the Sheibley violin was returned to Defendant Koch in response to the coercive behavior of that Defendant, notwithstanding his lack of ownership or bailment status. 6. Denied as stated and strict proof is demanded otherwise. 7. - 8. Denied. Defendant is not privy to the contraclual relationship between Plaintiffs and is unable to responsively plead to this averment. Strict proof is demanded at time of trial. 9. - 10. Denied. Defendant denies any negligent act involving the loss of any property reported by Plaintiff Koch. Further Defendant is without knowledge of any compensation paid to Koch from Erie and demands proof at time of trial. WHEREFORE Defendant MICHAEL SCHEIBLE'Y demands Judgment in his favor. New Matter 11. Defendant incorporates by reference all his responsive pleading to the underlying Complaint as if set forth in full. 12. Defendant Koch was not the owner of the property described in Plaintiffs` Exhibit A, either the Sheibley violin or other property for which Defendant Koch filed claim, Accordingly the instant Complaint fails for lack of a necessary party. 13. Plaintiff insurer incorrectly or as a response to an incorrect claim accepted Plaintiff Koch's claim and made compensation. Defendant is not responsible for the insurer's misfeasance and/or malfeasance relative to their inswance contract. 14. The Sheibley violin was returned to Plaintiff Koch after he verbally coerced Defendant to return his adult daughter's property. By his acceptance of such: a. Plaintiff Koch waived further claim against Defendant; and b. Plaintiff Koch reached satisfaction and accord with Defendant relative to return of any bailment; and c. Plaintiff Koch is equitably stopped from any Anther claim. 15. Plaintiff Koch received improper and/or incorrect compensation from Plaintiff insurer and Defendant is not liable for misfeasance and/or malfeasance of Plaintiff Koch by and through his insurer. WHEREFORE Defendant MICHAEL SCHEIBLEY demands Judgment in his favor. Respectfully submitted, The Law Office of John M. Glace John M. 1 Esquire Supreme :23933 132-134 alnut Street Harrisburg, PA 17101-1612 Telephone: (717)238-5515 Telefax: (717)238-6929 Counsel for Defendant VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my understanding and belief. 1. understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unswom falsification to authorities. Date: 23-F YD.(-- CERIM ATE OF SERVICE I HEREBY CERTIFY that this day of September, 2004 I have served a true and correct copy of the foregoing Answer with New Matter, by first class mail, postage pre-paid, upon: Paul M. Schofield, esquire Gordon & Weinberg, PC 21 South 21 st Street Philadelphia, PA 19103 Counsel for Plaintiffs LAW OFFICES of JOHN M. GLACE Glace, Esquire Walnut Street PA. 17101-1612 1?.4717) 238-5515 Identification No. 23933 Counsel for Defendant <> o ?-- ? -?, ?? --+ ??? - ., ?= _,.,,--, ? - , _„ - .. ??: ?: - , ? ?, _ Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0J4 - 337A CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573