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Home My WebLink About10-6998F:\F1LES\Clients\3050 Donep \Curtent\633 Bupp\3050,633.complaintl Revised: 9/30/10 11:40AM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF T'FILP D OVFOF? DTAf2Y 20?u K'11V -3 Ft-1 2: 55 COUNTY 3--1 °,'SYLVA NIA DONEGAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff V. KEITH QUERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ?a'00 Pd•? 0 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA DAVID T. BUPP, Plaintiff CIVIL ACTION - LAW KEITH QUERRY, Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff is an insurance company licensed to do business in Pennsylvania with an address at P.O. Box 302, Marietta, Pennsylvania 17547. 2. The Defendant Keith Querry is an adult individual residing at 1514 '/Z Rear Moore Street, Huntingdon, Pennsylvania 16652. 3. On or about January 25, 2008, Defendant Keith Querry caused an automobile accident with the Plaintiff's insured, David T. Bupp. 4. As a result of that automobile accident, Mr. Bupp's vehicle was damaged in the amount of $3,904.80. 5. On or about May 8, 2008, Defendant Keith Query signed a written agreement to re- pay Donegal Mutual Insurance Company for the damages which he caused. A copy of the Settlement Agreement in the amount of $3,904.80 is hereby attached as Exhibit "A." 6. To date, Mr. Querry has paid only $400.00, leaving a balance due of $3,504.80. 7. Despite repeated demand for payment, no further payment has been forthcoming. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $3,504.80, plus interest and costs. MARTSON LAW OFFICES By Ge r aller, r., Esqt I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I 0--410 Date: ?A R-CLED-ER a RFCYCLABLE b,? . FILE NO: PAE-PA-01-08-0025084 (68) INSURED: David T. Bupp D/L: 1/25/08 SETTLEMENT AGREEMENT -' -T-his-Agmement entered into his 8th day of May, 2008 by and between Donegal Mutual Insurance Companies and Keith Querry of 10 Memorial Lane, Newville, PA 17241. Witnesseth: WHEREAS, the said Keith Querry desires to settle and.compromise the damages he/she inflicted upon the property of David T. Bupp resulting from a motor vehicle accident which occurred on 1-25-08 at or near Hanover & Louther Streets, Carlisle, PA, said damages being in the amount of $3,904.80. It is hereby agreed that Keith Querry will pay the sum of no less than $100.00 per month to Donegal Mutual Insurance Companies beginning on 6/30/08, and continuing each and every month thereafter until the said $3,904.80 is paid in full. If the financial situation of Keith Querry improves, he/she shall immediately increase the amount of the monthly payment and further realizes that a lump sum payment of the damages can be made at any time. af7 I ny-1,aymrr7t:#samomiffi --R leen-(4,9),days?latc;,tlis-ag:cement-sl?all-be.n-default•ard it-is-hereby agreed that the entire amount then owing shall become due and payable. The said Keith Querry hereby authorizes any attorney of any Court of Record to appear for him/her in such Court at any time hereafter and confess a judgment without process in favor of Donegal Companies for the unpaid amount plus-costs and interest and the said Keith Querry further consents to immediate execution upon said judgment. Further, Keith Querry acknowledges that the said judgment arises from a motor vehicle accident and the Motor Vehicle operating privileges of Keith Querry shall be revoked upon default and judgment hereunder. IN WITNESS WHEREOF, the undersigned hereto does set his hand and seal the day an year first above written, with intention of being legally bound hereby. Affirmed to and subscribed Before me this_2L ay of ,20og Notary Pub c a AL 36 My Commission Expires: X (SEAL) 17 4Querry (SEAL) NOTARIAL. SEAL • , ..:.; CtJWDIAA. BREWBAKER,.NCYtWPUBUC Ca X69 Born. CumberAW*County 06/0512008 b1:42 MUM UM 74 M CommIsslon ms Apr114, 2009 Exhibit "A" FILE NO: PAE-PA-01-08-0025084 (68) INSURED: David T. Bupp D/L: 1/25/08 EXPLANATION OF RIGHTS IN CONNECTION WITH SIGNING OF INSTRUMENT CONTAINING CONFESSION OF JUDGMENT, AS REQUIRED BY OPINION OF SUPREME COURT OF THE UNITED STATES RE: NOTE IN FAVOR OF DONEGAL MUTUAL INSURANCE COMPANY, AND AGAINST THE UNDERSIGNED, CONTAD4 NG A CONFESSION OF JUDGMENT DATE: 5-8-08 AMOUNT: $3,904.80 The undersigned clearly and specifically understand that by signing the note above referred to, Containing a Confession of Judgment clause: 1. We and each of us authorize the Prothonatory or any Attorney of any Court of record to enter a judgment against the undersigned, or either of us, at its discretion and in its favor without notice and without declaration of default for non-payment, which entry will give the holder a lien as security for payment upon the real property (including the home) owned by the undersigned at the time of entry, and a lien on personal property owned by the undersigned at the time it is given to the sheriff for'execution. 2. We and each of us waive all rights to notice and to have an opportunity to be heard Y--?-•- 's, undeistannc?in tliaf'ihe only method to challenge this judgment would be by proceedings in Court to open or strike it, which proceedings would result in substantial attorneys' fees which the undersigned would have to pay. (Without such clause containing a Confession of Judgment the holder would have to file suit against the undersigned which would give the undersigned an opportunity for a hearing which the undersigned does not have by reason of the Confession). The undersigned acknowledge receipt of a copy of this affidavit and certify that after reading and fully understanding it, the undersigned have signed this affidavit intentionally, understanding and voluntarily waiving all the above rights, being willing to sign such note despite the consequences set forth above. Affirmed to and subscribed Before me this 30 ' v of 2008. -0241-4 0j dIrl, Notary Public ommis 06105/2008 01 42 SPion E M Expires: 5C85 72 ejt?77 Keith erry (SEAL) (SEAL) NOTARIAL SEAL CLAUDIA A. BREW&WR, NOTARY PUBLIC Carlisle SM. Cumberfand County M Commission Expires April 4, 2009 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Ci t?. ane M. L old F:\FILES\Clients\3050 Donegal\Current\633 Bupp\3050.633. complaint I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FiLFL-OFFICE Jody S Smith ?tiyttr ui ?;in frrr?t?rb OF THIE Chief Deputy fl) Richard W Stewart '010 DEC 22 Phi 2: ? l Solicitor ., P1=t4NSY LVAN1A Donegal Mutual Insurance Company vs. Case Number Keith Querry 2010-6998 SHERIFF'S RETURN OF SERVICE 11/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Keith Querry, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, PA to serve the within Complaint and Notice according to law. 11/15/2010 03:07 PM - Huntingdon County Return: And now November 15, 2010 at 1507 hours I, William G. Walters, Sheriff of Huntingdon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Keith Querry by making known unto himself personally, at Huntingdon County Prison, 300 Church Street, Huntingdon, Pennsylvania 16652 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 December 21, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (Cj C.OtI;1ty7Ui/? ??2t'I`{. iE:i?^t;50?f. (:^;. SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Donegal Mutual Insurance Company as Subro ee of David T. Bupp Vs. Keith Querry 15141/2 Rear Moore Street Huntingdon, PA 16652 No. 6998 Term:2010 Now, this 15th day of November 2010 at 1507 HOURS I served the within Notice and Complaint Keith by handing to Keith y Prison, 300 Church Street, PA 16652 upon at one true and correct copy/copies of the within Notice and Complaint and made known to Keith Querry the contents thereof. So Answers, Sworn and subscribed to before me this day of 2 ) 0 , A.D. otary Public COr?? NOTARIAL SLVAMA Tammy S. Foor, Notary Public Huntir-'on Boro, Huntingdon Cbumly expires October 26 William G. Walters, Sheriff A 41 De u L P tY ?y . Cressman, Jr Chief Deputy/Deputy Costs: Rec. & Doc. Service Mileage/Postage Surcharge Affidavit Miscellaneous Total Costs $4.00 $5.00 $27.00 Paid 1k1LES\Clients\3050 Donegal\Current\633 Bupp\3050.633.pral I _ ?t1.. George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEN - ?" 3: E MARTSON LAW OFFICES Uii'i ER'LAi!? ,? i'i ,. I.D. 49813 tNP SY vz',I'air. 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS OF COMPANY, as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA DAVID T. BUPP, Plaintiff NO. 2010-6998 V. CIVIL ACTION-LAW KEITH QUERRY, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Keith Querry in the amount of $3,504.80 plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe, in the form attached hereto, was mailed to the Defendant at the address indicated thereon, on August 4, 2011, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: 8/17/11 MARTSON LAW OFFICES By George B. Foer, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C? ? 3Q 3 "1 ;J '.\=7_'.S\Clientsl?050 DonegalTurrent1633 Bupp\3050.633.tendaynotl George B. Faller, Jr., Esquire; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff UUNtUAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff V. KEITH QUERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6998 CIVIL ACTION-LAW : JURY TRIAL DEMANDED IMPORTANT NOTICE TO: KEITH QUERRY DATE OF NOTICE: 8/4/11 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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. DAMAGES WILL BE ASSESSED AGAINST YOU IN THE AMOUNT OF THE REPAIR ESTIMATE UNLESS YOU FILE A WRITTEN PRAECIPE WITHIN TEN (10) DAYS REQUESTING A TRIAL ON DAMAGES. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON L OFF By_ _ --- -- - '4 George B. Taller, ., Esquire I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff J t ^-,q,, Cu re,6A-. wp0050 633.01 George ]B. Faller, Jr., Esquire NIAR'TSOrSf DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 :East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-6998 CIVIL ACTION - LAW KEITH QUERRY, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF APPRAISER I do depose and state that I am a licensed appraiser; that the appraisal of $3,904.80 attached hereto is true and correct and accurately sets forth the damages to the value of the 2004 Dodge Dakota owned by David T. Bupp and; that I have been engaged in the appraisal business for _W years and am qualified and capable to evaluate the appraisal as attached; and the repairs were necessary and the value indicated thereon was the amount by which the damages to this automobile would fairly and reasonably have been evaluated. This statement and appraisal are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides th#t if I make knowingly false averments, I may be subject to criminal penalties. Jack ' ti? in name) George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff V. KEITH QUERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6998 CIVIL ACTION-LAW Defendant : JURY TRIAL DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) George B. Faller, Jr., Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant Keith Querry above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 1514 1/2 Rear Moore Street, Huntingdon, PA 16652. Said Deefendant's lace of employment is unknown. C ?r George B. aller, Jr., squire Sworn to and subscribed before me this day of , 2011. Notary Public George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff V. KEITH QUERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6998 CIVIL ACTION-LAW Defendant : JURY TRIAL DEMANDED AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS George B. Faller, Jr., Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant Keith Querry was given to him by mail on August 4, 2011. Sworn to and subscribed before me this day of , 2011. A';A5A George IT.-faller-Jr., Es u re Notary Public CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Keith Querry 1514 % Rear Moore Street Huntingdon, PA 16652 MARTSON LAW OFFICES By lt,?Uy Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 8/17/11 F TILES\Clients\3050 Donepl\3050.Current\3050.633 Bupp\3050.633.pra2 FILED-OFFICE OF THE PROTHONOTARY George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALAR FEB 15 PM 3: 28 MARTSON LAW OFFICES CUMBERLAND COUNTY I.D. 49813 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DONEGAL MUTUAL INSURANCE COMPANY, as subrogee of DAVID T. BUPP, Plaintiff V. KEITH QUERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-6998 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SATISFY THE JUDGMENT TO THE CUMBERLAND COUNTY PROTHONOTARY: Please mark the default judgment against Keith Querry in the above-captioned action as satisfied and the matter discontinued. MARTSON LAW O Dated: 2/15/12 BY ;4?11L''/ Lea George B.` Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Ck14astt?3 VA-1- a'11113 -{ CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTSON LAW OFFICES hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Keith Querry 609 Juniata Avenue Huntingdon, PA 16652 MARTSON LAW OFFICES By f ?? Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 2/15/12