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HomeMy WebLinkAbout04-3941DEBORAH and RICHARD AIELLO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiffs V. NO. Oq - ,39,Y/ CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant PRAECIPE Please issue a Writ of Summons against Charles E. Donnelly, III. KATZMAN, P.C. By: 'l Esquire Attorney/. PO Bob 1 Harribsufg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs Date: August 9, 2004 WRIT OF SUMMONS TO: Charles E. Donnelly, III 428 Reno Street New Cumberland, Cumberland County, PA YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pnotary D puty 112707.1 (J 4Q. d SHERIFF'S RETURN - REGULAR CASE NO: 2004-03941 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AIELLO DEBORAH ET AL VS DONNELLY CHARLES E III CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DONNELLY CHARLES E III the DEFENDANT , at 0010:20 HOURS, on the 13th day of August 2004 at 428 RENO STREET NEW CUMBERLAND, PA 17070 by handing to KATHY YOEMAN - ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.54 Affidavit .00 Surcharge 10.00 .00 43.54 Sworn and Subscribed to before me this day of .Ow ?n for 00 '1 A. D. P a -;rothonotary ,, So Answers : 7 l" R. Thomas Kline 08/16/2004 GOLDBERG, KATZMAN & SHIPMAN ? .? By: Deputy Sheriff Benjamin D. AndntoM Eawne Goldberg Karmen, P.C. PO Bo: 1268 Hamburg, PA 1710&1268 717-234-4161 Attomeya for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. PETITION TO CORRECT NAME: OF PARTY Plaintiff Erie Insurance Exchange, by their undersigned attorney, petitions this Court under Pa. R.C.P. 1033 to correct the name of the Plaintiff in this action, and in support thereof avers the following. 1. In the above-referenced matter, the name of Plaintiff Erie Insurance Exchange was caused to read Deborah and Richard Aiello, the names of Plaintiffs insured, in the Writ of Summons. 2. Plaintiffs requested amendment will merely correct the name of the existing Plaintiff in this case and will not introduce any new causes of action against the Defendant. 3. Defendant Charles E. Donnelly, III will not be unduly prejudiced or surprised by this amendment since Defendant Charles E. Donnelly, III has been an actual party to the action since its inception and prior to the running of the applicable statute of limitations. WHEREFORE, Plaintiff Erie Insurance Exchange respectfully requests that this Court grant Plaintiffs' Petition and correct the name of the Plaintiff from Deborah and Richard Aiello to Erie Insurance Exchange as Subrogee of Deborah and Richard Aiello. GOLDBERG KATZMAN, P.C. By: Benjamin D. Andreozzi, Esquire Attorney I,D. No. 89271 P.O. BoNl y$ Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: October 15, 2004 114417.1 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 Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following. Mr. Charles Donnelly, III 428 Reno Avenue New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. By: Benjamin. D. Andre©zzi, Esquire Date: October 15, 2004 ?'?? ,; __- ;; ,; __ - ??; ;:? ;, t,; OCT 2 2 2004 ?' Benjantin D. Andreozzh Es"re Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. RULE TO SHOW CALrSE ` AND NOW, this -2-1 day of October, 2004, a Rule is hereby issued upon the Defendant to show cause why the relief requested in Plaintiff's Petition to Correct Name of Parry should not be granted, thus allowing the Plaintiff to amend the caption stated on the court documents. Rule returnable within Zo days of the date of service. BY THE COURT. ( a? lv!N fS? i t , rr, t a , s , ? -kS, ttO :21 N 6? 130 W1 r Benjamin D. Andreozzi, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, vs. : NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Erie Insurance Exchange, by their counsel, Goldberg Katzman, P.C. who states: 1. Plaintiff filed a Petition to Correct Name of Party on or about October 15, 2004. Judge Kevin A. Hess signed a Rule to Show Cause on October 29, 2004 directing Defendant to show cause why the relief requested should not be granted. A copy of the Rule is attached as Exhibit "A". 2. The Rule was served on the Defendant, Charles } . Donnelly, III, by letter of November 23, 2004, attached hereto as Exhibit "B". 3. There has been no response filed by the Defendant opposing the Petition to Correct Name of Party. WHEREFORE, Plaintiff Erie Insurance Exchange respectfully requests that this Honorable Court make the Rule absolute and enter an Order which corrects the name of the Plaintiff from Deborah and Richard Aiello to Erie Insurance Exchange a/s/o Deborah and Richard Aiello. GOLDBERG KATZMAN, P.C. By: f'f Benjamin D. ,Andre zzi, Esquire Attorney I. . N . 89271 P.O. Box 12 1 Iarrisburg, PA 17108-1268 (717) 234-4161 Date: 12 ?Ci_ 0 L?- EXHIBIT "A" Benjamin D. AadmozA Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-2344161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. NO. 04-3941 CHARLES E. DONItiTELLY, III, : CIVIL ACTION - LA W Defendant. RULE TO SHOW CAUSE AND NOW, this 19'9 day of October, 2004, a Rule is hereby issued upon the Defendant to show cause why the relief requested in Plaintiffs Petition to Correct Name of Party should not be granted, thus allowing the Plaintiff to amend the caption stated on the court documents. Rule returnable within 20 days of the date of service. BY THE COURT: 151 /byj T, 7 ?/' J. TRUE COPY FROM RECORD In Testimony whereof, f here unto set my hand an he seal ??}}f sal Cour? Pa. T '. (-oyM.1r1 . 7 EXHIBIT "B" 8 Goldberg Katzman A full-service law firm. Arthur i . Goldberg November 23, 2004 X1951-2000) Harry B. Goldberg 11901-1998) Mr. Charles Donnelly, III Ronald x'1.1~ tZll''`a' 428 Reno Avenue Paul J. Esposito New Cumberland, PA 17070 Neil Hendershot J. Jay Cooper Thomas > .Brenner RE: Motor vehicle accident of August 24, 2002 April L. Stranb Kutay Guy H. Brooks Dear Mr. Donnelly: Jerry 1. Russo Michael J. Crocenzi Enclosed please find served upon you, a Rule to Show Cause and Thomas J. Weber copy of the Petition to Correct Name of Party. Steven E. Grubb John DeLorenzo Very t OLirS, Royce L. Morris David M. Steckel Heather L. Paterno A Benian,in D. Andreozzi enjamin D reozzi Cou'`isra Josht:a D. Lod: BDA:ar Arnold B. Kogan Enclosures 116034.1 '20 Nlarket Street, Stra;rVbernr Square I P.J. Box 1268 1 Harrisburg, PA 17105-1268 1 717-234-4161 1717-234-6808 (fax ) '. V1Nb1/. a0 ?C?IJ?Y? Ii(Z tZi71 a I }. CD t l l CERTIFICATE OF SERVICE I hereby certify that l served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Charles E. Donnelly, III 428 Reno Avenue New Cumberland, PA 17070 GOLDBERG KAT7N, P.C r- J"r BY: l C?1 Benjamin D,'Andreo'zzi, Esquire Date: 1Z -Z C).- L F' 117001.1 - z M..A J ? Re P ?nnq ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. ORDER `a-"7 AND NOW, this /O , day of 4, as the Defendant, Charles E. Donnelly, III, has not opposed the Petition to Correct Name of Party, the Court hereby makes the Rule Absolute and directs that the name of' the Plaintiff shall read Erie Insurance Exchange a/s/o Deborah and Richard Aiello. 01 io 05 BY THE COURT: ? :t, 4,303 U ? ?¢?i! ?s;?f. ? ? t S F ?r I?,J'? J1 r,.. f.?. ?,il Benjamin D. Andreozzi, Esquire Goldbetg Katzman, P.C. PO Boa 1268 Harrisburg, PA 17108-1268 717-2344161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 Benjamin D. Andreozzi, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, vs. : NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. COMPLAINT AND NOW, comes Plaintiff, Erie Insurance Exchange a/s/o Deborah and Richard Aiello, by their counsel, Goldberg Katzman, P.C., who states: 1. Plaintiff Erie Insurance Exchange is a business entity with a business address of P.O. Box 2013, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Plaintiff's insured, Deborah Aiello and Richard Aiello, are married adult individuals who reside at 805 Spring Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. To all belief and knowledge, Defendant is an adult individual who resides at 428 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. On or about August 24, 2002, Plaintiff's insureds daughter, Megan Aiello, was traveling westbound on Limekiln Road in Fairview Township, York County, Pennsylvania. 5. On this date, Defendant was traveling eastbound on Limekiln Road, Fairview Township, York County, Pennsylvania. 6. On this date at approximately 1:09 p.m., Defendant's vehicle crossed the center line and subsequently struck the vehicle driven by Megan Aiello. 7. Defendant's actions were negligent in that he: a. failed to operate his vehicle in a safe and prudent manner; b. operated his vehicle at an excessive rate of speed given the conditions of the road; C. operated his vehicle in the direct lane of travel of an oncoming vehicle; and d. allowed his vehicle to enter into the lane of travel designated for oncoming traffic. 8. Defendant's negligent actions were the sole and proximate cause of property damage as well as injuries suffered by Plaintiffs insureds daughter, Megan Aiello. 9. As a result of Defendant's aforesaid negligence, Megan Aiello suffered personal injuries, pain and suffering, lost wages, loss of life's pleasures, and incurred medical bills and other expenses which, but for this accident, would not have occurred. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment in their favor. GOLDBERG KATZMAN, P.C. By: Attorney I.D. i P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: ? ps/o 110466.1 VERIFICATION I, Deb Jacobs, an agent of Erie Insurance Exchange, hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. 54904, relating to unswom falsification to authorities. Deb Jacob' Erie Insurance Exchange Date: °? 3 c7 S CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Charles E. Donnelly, III 428 Reno Avenue New Cumberland, PA 17070 BY Date: N)S 0 t, l? ?s N N IN 4 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Please enter a default judgment in this matter for failure to plead. I attach a copy of the 10-Day Notice and transmittal letter forwarding same to Mr. Donnelly at his last known address. GOLP-BE I TZMAN, P.C. l? By:h Thomas E. Brenner, Esq. Attorney I.D. No. 32085 P.O. Box 1268 Flarrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: April 19, 2005 = :LV March 28, 2005 Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 RE: Vehicle Accident of August 24, 2002 Dear Mr. Donnelly: Enclosed please find a 10-Day Notice of Taking Default Judgment. V B1 BDA:ar Enclosure 120234.1 Benjamin D. Andreozzi, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attomeys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. TEN-DAY NOTICE OF TAKING DEFAULT JUDGMENT TO: Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 DATE OF NOTICE: March 31, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. By: BenjAmin D. dreozzi, Esquire Attorney ID 892 PO Box 12 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: March 31, 2005 120233.1 CERTIFICATE OF SERVICE I hereby certify that I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 By: Date: April 19, 2005 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire 120876.1 ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNIL,LLY, III, CIVIL ACTION - LAW Defendant. NOTICE PURSUANT TO RULE 236 This a(` day of , 2005, judgment by Default was entered upon Charles E. Donnelly, III. Ll?? '/?. ?;? Prothonotary Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCI IANGE A/S/O DEBORAH AND RICHARD AIELLO, Plaintiffs, VS. CHARLES E. DONNELLY, III, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3941 CIVIL ACTION - LAW AFFIDAVIT AS TO MILITARY SERVICE To the best of my knowledge the Defendant in the above-captioned lawsuit is not in the military service. Thomas E. Brenner, Esquire Sworn tg. and subscribed before me this day of April, 2005. Notary Pub c NotaAal Seal I Glenda J. Ebersole, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Oct 21, 2en6 V W 49 Q --4/_-.- 1 RJ n ?i'I N .J N Q G> -n ft1 T Z rt -a ./J Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. MOTION TO ASSESS DAMAGES TO: Charles Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 AND NOW, comes the Plaintiff, Erie Insurance: Exchange, a/s/o of Deborah and Richard Aiello, by its attorneys, Goldberg Katzman, P.C. who state: 1. This matter arises from property damage caused by the negligent acts of Defendant Donnelly on August 24, 2002. 2. Defendant Donnelly failed to respond to the Complaint and Judgment by Default was entered against him on April 20, 2005. 3. Requests for Admission containing copies of damages incurred by Plaintiff were served on or about June 14, 2005 . Defendant Donnelly has not responded to the Request for Admission. (See Exhibit "A"). 4. Pursuant to Pa.R.C.P. 4014(b), the Request for Admission are deemed admitted as a timely response has not been filed. 5. Based upon these Admissions, Plaintiff requests that damages be assessed on the judgment in the amount of $ 7,863.11. (See Exhibit A to Request for Admissions). WHEREFORE, Plaintiff Erie Insurance Exchange requests that the Court issue a Rule upon Defendant Charles E. Connelly, III to show cause why damages should not be assessed on the judgment entered against him in the amount of $7,863.11, together with the costs of suit. GOLDBERG KATZMAN, P.C. By: L4 ? -ii I ?a? ? Thomas E. Brenner, Esq. Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: July 22, 2005 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, vs. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. QUEST FOR ADMISSIONS TO: Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 PLEASE TAKE NOTICE that you are required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned', within thirty (30) days from service hereof, your answers to the Request for Admissions in writing and under oath. Pursuant to Pa. R.C.P. 4014(b), you are required to set forth a verified answer or an objection, to each matter of which an admission is requested, within thirty (30) days after service of these Requests for Admissions. If objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a A . - qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give a lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the Request. He may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he cannot admit or deny it. GOLDBERG KATZMAN, P.C. Date: (I'j a By: , . Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff REQUEST FOR ADMISSIONS The property damages paid by Plaintiff Erie for the vehicle which was a total loss, less salvage, was $7,623.11 as well as car rental expenses of $240.00 due to Defendant Donnelly's actions total $7,863.11. (See Exhibit A). ADMITTED DENIED 08/12/2003, 10:11 ,Claims Management System CSPP032B Check Print Page: 1 Req: JACOBS D ------------------------------------------------------------------------------- CHECK NO 05512086 CMS NO E512086 DATE 09/20/2002 Pay SEVEN THOUSAND NINE HUNDRED TWENTY-NINE AND 611100 DEBORAH A AIELLO & RICHARD E AIELLO Operator To The 805 SPRINT IN 13-4BORGESON Order CAMP HILL PA 17011 8372 of claim 010170632675 For TOTAL LOSS SETTLEMENT 1997 TOYOTA COLLISION EXCHANGED FOR TITLE $$$$$$7,929.61 Loss Date 08/24/2002 Tax Id No Cashed C 10/09/2002 -------------------------------------------------------------------------------- CHECK NO 05424684 CMS NO E424684 DATE 09/05/2002 Pay TWO HUNDRED FORTY AND 00/100 $$$$$$$$240.00 PENRAC INC. DBA ENTERPRISE RENT-A-CAR Operator Loss Date To The 3 CROSSGATE DR STE 201 134MURLATT 08/24/2002 Order MECHANICSBURG, PA 17050 2459 of Claim Tax Id No 010170632675 5216906650 For RENTER:RICHARD AIELLO INV:D157356 Cashed 57MA-001149 C 09/11/2002 ------------------------------------------------------------------------------- CHECK NO 06462238 CMS NO F462238 DATE 05/28/2003 Pay ONE THOUSAND FIVE HUNDRED AND 00/100 $$$$$$1,500.00 MEGAN AIELLO 805 SPRINT LN Operator Loss Date To The CAMP HILL PA 17011 625140ORE 08/24/2002 Order of Claim Tax Id No 010170632675 For FINAL PAYMENT UNINSURED MOTORIST COVERAGE Cashed C 06/06/2003 A CCC Report Reference Number: 29723098 Claim reference: 010170632675001 Loss Incident Date: 08/24/2002 Insured: Aiello & Appr. license: 150533 Policy Number: Q021806376 Introduction Req: JACOBS D Erie Insurance Group Market Valuation Report Adjuster: Wheeler Valuation Date: 08/30/2002 Owner: Deborah Aiello & Richard E Aiello Camp Hill, PA 17011 Appraiser: WHEELER Erie Insurance Group has conducted an appraisal of your 1997 Toyota Camry LE 4 door Sedan located in Camp Hill, PA. The appraisal information was then used to conduct research in your local market to determine the local market value of your car. This Market Valuation Report details the results of that research. It contains the following sections: Section Title: Section Contents: Vehicle Valuation Summary Market Valuation with components VINguard Vehicle Identification Vehicle configuration information VINguard VIN Vehicle History Vehicle history research Local Market Definition Local market basis Valuation Methodology Method used to evaluate the vehicle Vehicle Condition/Considerations Vehicle's pre-accident condition Local market comparable Vehicles Comparable 'vehicles located in market NHTSA Vehicle Recall NHTSA recall notices Appraisal and Valuation Notes Log notes for this file Valuation request: 29723098 (continued) 1997 TOYO CAMRY LE -------------------------= Vehicle Valuation Summary DESCRIPTION OPTION PENNSYLVANIA LOCAL MARKET STATE VALUE VALUE Base value ** $ 9,791.00 $ 9,219.00 Odometer 94,000 - 1,250.00 - 1,250.00 Vehicle equipment: STD AT - Automatic Transmission INCLUDED INCLUDED STD OD - Overdrive INCLUDED INCLUDED STD PS - Power Steering INCLUDED INCLUDED STD PB - Power Brakes INCLUDED INCLUDED STD PW - Power Windows INCLUDED INCLUDED STD PL - Power Locks INCLUDED INCLUDED STD PM - Power Mirrors INCLUDED INCLUDED STD AC - Air Conditioning INCLUDED INCLUDED STD RD - Rear Defogger INCLUDED INCLUDED STD TW - Tilt Wheel INCLUDED INCLUDED STD CC - Cruise Control INCLUDED INCLUDED STD CS - Cloth Seats INCLUDED INCLUDED STD RL - Reclining/Lounge Seats INCLUDED INCLUDED STD BS - Bucket Seats INCLUDED INCLUDED STD DM - Dual Mirrors INCLUDED INCLUDED SL - Rear Spoiler + 131.00 + 131.00 STD AM - AM Radio INCLUDED INCLUDED STD FM - FM Radio INCLUDED INCLUDED STD ST - Stereo INCLUDED INCLUDED STD CA - Cassette INCLUDED INCLUDED SE - Search/Seek INCLUDED INCLUDED CD - Compact Disc Player + 150.00 + 150.00 STD BN - Body Side Moldings :INCLUDED INCLUDED STD IW - Intermittent Wipers INCLUDED INCLUDED STD TG - Tinted Glass :INCLUDED INCLUDED MP - Metallic Paint INCLUDED INCLUDED STD AG - Air Bag INCLUDED INCLUDED STD RG - Passenger Air Bag INCLUDED INCLUDED STD AB - Anti-Lock Brakes (4) INCLUDED INCLUDED ACV prior to averaging $ 8,822.00 $ 8,250.00 CCC Valuation Amount $ 8,536.00 Condition adjustment amount + 137.00 Adjustment for additional considerations + 136.00 Actual Cash Value $ 8,809.00 Prior Damage - 856.54 Pre-tax amount $ 7,952.46 Sales tax 6.00% + 477.15 Value before deductible $ 8,429.61 Deductible - 500.00 Valuation request: 29723098 (continued) 1997 TOYO CAMPY LE Vehicle Valuation Summary (continued) Computerized value $ 7,929.61 The CCC Valuation amount is the average of the local market value and PA state value of the loss vehicle. This amount includes mileage, packages, and all options. As such, proper adjustments have been made for all options which are present on the loss vehicle. The method used to gather fair market values on current year vehicles involves finding new vehicles for sale at the time of valuation, and making necessary adjustments based on the new car prices. Automated sales tax calculation based on applicable state, county and municipal tax rates. Appraiser's signature: VINguard Vehicle Identification ---------- - VIN: 4TIBG22KXVU046185 Insurer Description VINguard Analysis Year 1997 1997 Make Toyota Toyota Model Camry LE Camry B22K B22K Body style 4d Sed 4d Sed Engine 4-2.21-Fi 4-2.21-Fi Trans Automatic Transmission Overdrive Restraints AIR BAGS (DRIVER+PASS.) Air Bags (Driver+Pass. Odometer 94000 Note: 52$ higher than typical vehicle This vehicle was assembled in GEORGETOWN, KY VINguard VIN Vehicle History VINguard has decoded this VIN without any errors. r WARNING - VINguard has detected prior event(s) in this vehicle's history. Central Pene Sales, LLC Check No : 200867' Stock No. : 000390580 795 Sipe Road , Date : 10/23/2002 Sale Date : 10/21/2002 York Haven,..PA 17370 Amount 806.50 Sale No. : 328 Picked Up : 08/30/2002 Year : 1997 Color : GREY VIN 4TIRG22KXVU046185 Tirea 4 Make ; TOYOTA Mileage 94,568 Radio Yee Model CAMRY LE 4DR Row H-018 Battery Note Airbag Dep Keys Yes Advance Charges ERI1 TOWING 85.00 FOR: ERIE INSURANCE - 8/24-8/30 7 days 15/DAY 105.00 P 0 BOX 2013 _ MECHANICSBURG, PA 17055 Proceeds Transmittal Adjuster : LINDA WHEELER ...-.-Claire-Num er--: 01:0170632fiY5001 Pool Charges Date of Loss 08124/2002 Advance Chgs Policy Holder: AIELLO DEBORAH Tow In Owner AIELLO DEBORAH CPS Handling Title Fee Attached please find the sales proceeds check for the Express Tow vehicle listed above. Thank you for allowing Central Penn Sales, LLC to sell your vehicle. Your patronage is appreciated. Buyer Information M & G AUTO WHOLESALE INC 2128 RICHMOND TERRACE STATEN ISLAND, NY 10302 The sale of this vehicle has been reported to NICS "Pennrylvania's Largest Auto Salvage Auction" 190.00 45.00 46.00 5.00 7.50 .00 .00 .00 .00 .00 .00 High. Bid 1,100.00 Total Advance 190.00 Total Pool 103.50 Total Paid C0 Proceed 806.56 x" 6 :0 0 2 p7C 18 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Request for Admissions was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. BY: _ THOMAS E. BRENNER, ESQUIRE Date: S 123060.1 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Petition to Assess Damages was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Date: July 22, 2005 123566.1 r? CJ c; (7 -n c _ `? ._ ?`??_ O? ?? '; -i-, ?i_ ra ?, = C. Ill < n -_ ?.. x7 ? RECEIVED JUL 2 7 2005?r ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, Vs. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. RULE TO SHOW CAUSE AND NOW, this z T" day of July, 2005, Defendant Charles E. Donnelly III, is directed to show cause why damages should not be assessed on the judgment against them. BY THE. COURT: Rule returnable Z-0 days from the date of service. F i C?3 zs :o! !!7 - ?.? ,caz Thomas E. Brenner, Esquire Michael F. Socha, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, vs. :NO. 04-3941 CHARLES E. DONNELLY, 111, : CIVIL ACTION - LAW Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Erie Insurance Exchange, a/s/o of Deborah and Richard Aiello, by its attorneys, Goldberg Katzman, P.C. who state: 1. This matter arises from property damage caused by the negligent acts of Defendant Donnelly on August 24, 2002. 2. Defendant Donnelly failed to respond to the Complaint and Judgment by Default was entered against him on April 20, 2005. 3. Requests for Admission containing copies of damages incurred by Plaintiff were served on or about June 14, 2005. Defendant Donnelly has not responded to the Request for Admission. 4. Pursuant to Pa.R.C.P. 4014(b), the Request for Admission are deemed admitted as a timely response has not been filed. 5. Based upon these Admissions, Plaintiff filed a Motion to Assess damages on July 26, 2005. (See Exhibit "A") 6. On July 29, 2005, the Court directed the Defendant to show cause why damages should not be entered against him. (See Exhibit "B") 7. Defendant has not responded to the Rule to Show Cause within twenty (20) days as ordered by the Court. WHEREFORE, Plaintiff Erie Insurance Exchange requests that the Court enter an Order making the Rule Absolute, assessing damages upon Defendant Charles E. Connelly, in the amount of $7,863.11, together with the costs of suit. GOLDBERG KATZMAN, P.C. 7 By: Thomas E. Brenner, Esq. Attorney I.D. No. 32085 Michael F. Socha Attorney I.D. No. 200988 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Date: December 13, 2005 0111[9 Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plainti ff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. : NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. MOTION TO ASSESS DAMAGES c-, TO: Charles Donnelly, III = 500 Ross Avenue, Apt. D New Cumberland, PA 17070 - ` AND NOW, comes the Plaintiff, Erie Insurance Exchange, a/s/o of Deborah and Richard Aiello, by its attorneys, Goldberg Katzman, P.C. who state: 1. This matter arises from property damage caused by the negligent acts of Defendant Donnelly on August 24, 2002. 2. Defendant Donnelly failed to respond to the Complaint and Judgment by Default was entered against him on April 20, 2005. 1 Requests for Admission containing copies of damages incurred by Plaintiff were served on or about June 14, 2005. Defendant Donnelly has not responded to the Request for Admission. (See Exhibit "A"). 4. Pursuant to Pa.R.C.P. 4014(b), the Request for Admission are deemed admitted as a timely response has not been filed. 5. Based upon these Admissions, Plaintiff requests that damages be assessed on the judgment in the amount of $ 7,863.11. (See Exhibit A to Request for Admissions). WHEREFORE, Plaintiff Erie Insurance Exchange requests that the Court issue a Rule upon Defendant Charles E. Connelly, III to show cause why damages should not be assessed on the judgment entered against him in the amount of $7,863.11, together with the costs of suit. GOLDBERG KATZMAN, P.C. By: \` Thomas E. Brenner, Esq_ Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (117) 234-4161 Attorney for Plaintiff Date: July 22, 2005 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO> Plaintiffs, vs. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. REQUEST FOR ADMISSIONS TO: Charles E. Donnelly, III 323 Bridge Street, Apt A New Cumberland, PA 17070 PLEASE TAKE NOTICE that you are required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned, within thirty (30) days from service hereof, your answers to the Request for Admissions in writing and under oath. Pursuant to Pa. R.C.P. 4014(b), you are required to set forth a verified answer or an objection, to each matter of which an admission is requested, within thirty (30) days after service of these Requests for Admissions. If objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party EXHIBIT ? n a qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give a lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the Request. He may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he cannot admit or deny it. GOLDBERG KATZMAN, P.C. Date: By:- ( Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff REQUEST FOR ADMISSIONS 1. The property damages paid by Plaintiff Erie for the vehicle which was a total loss, less salvage, was $7,623.11 as wellas car rental expenses of $240.00 due to Defendant Donnelly's actions total $7,863.11. (See Exhibit A). ADMITTED DENIED 08/1.2/2003. 10:11 .Claims Management System CSPP03213 Check Print Page: 1 Req: JACOBS D ---------------------------------- - -------------------- CHECK NO 05512086 CMS NO E512086 DATE 09/20/2002 Pay SEVEN THOUSAND NINE HUNDRED TWENTY-NINE AND 61/100 DEBORAH A AIELLO & RICHARD E AIELLO Operator To The 805 SPRINT LN 134BORGESON Order CAMP HILL PA 17011 8372 of claim 010170632675 For TOTAL LOSS SETTLEMENT 1997 TOYOTA COLLISION EXCHANGED FOR TITLE $$$$$$7,929.61 Loss Date 08/24/2002 Tax Id No Cashed C 10/09/2002 ------------------------------------------------------------------------------- CHECK NO 05424684 CMS NO E424684 DATE 09/05/2002 Pay TWO HUNDRED FORTY AND 00/100 $$$$$$$$240.00 PENRAC INC. DBA ENTERPRISE RENT-A-CAR Operator Loss Date To The 3 CROSSGATE DR STE 201 134MURLATT 08/24/2002 Order MECHANICSBURG, PA 17050 2459 of Claim Tax Id No 010170632675 5216906650 For RENTER:RICHARD AIELLO INV:D157356 Cashed 57MA-001149 C 09/11/2002 ------------------------------------------------------------------------------- CHECK NO 06462238 CMS NO F462238 DATE 05/28/2003 Pay ONE THOUSAND FIVE HUNDRED AND 00/100 $$$$$$1,500.00 MEGAN AIELLO 805 SPRINT LN Operator Loss Date To The CAMP HILL PA 17011 625MOORE 08/24/2002 Order of Claim Tax Id No 010170632675 For FINAL PAYMENT UNINSURED MOTORIST COVERAGE Cashed C 06/06/2003 ---------------------------------------------------------------- EXHIBIT w a CCC Report Reference Number: 29723098 Claim reference: 010170632675001 Loss Incident Date: 08/24/2002 Insured: Aiello & Appr. license: 150533 Policy Number: 4021806376 Introduction Req: JACOBS D Erie Insurance Group Market Valuation Report Adjuster: Wheeler Valuation Date: 08/30/2002 Owner: Deborah Aiello & Richard E Aiello Camp Hill, PA 17011 Appraiser: WHEELER Erie Insurance Group has conducted an appraisal of your 1997 Toyota Camry LE 4 door Sedan located in Camp Hill, PA. The appraisal information was then used to conduct research in your local market to determine the local market f This Market Valuation Report details the results of that value o your ca r . research. It contains the following sections: Section Title: Section contents: vehicle Valuation Summary market valuation with components vINguard Vehicle Identification Vehicle configuration information VINguard VIN Vehicle History Vehicle history research Local Market Definition Local market basis Valuation Methodology Method used to evaluate the vehicle vehicle Condition/Considerations Vehicle's pre-accident condition Local Market Comparable Vehicles Comparable vehicles located in market NHTSA Vehicle Recall NHTSA recall notices Appraisal and Valuation Notes Log notes for this file Valuation request: 29723098 (continued) 1997 TOYO CAMRY LE Vehicle Valuation DESCRIPTION OPTION Base value ** Odometer 94,000 Vehicle equipment: STD AT - Automatic Transmission STD OD - Overdrive STD PS - Power Steering STD PB - Power Brakes STD PW - Power Windows STD PL - Power Locks STD PM - Power Mirrors STD AC - Air Conditioning STD RD - Rear Defogger STD TW - Tilt Wheel STD CC - Cruise Control STD CS - Cloth Seats STD PL - Reclining/Lounge Seats STD BS - Bucket Seats STD DM - Dual Mirrors SL - Rear Spoiler STD AM - AM Radio STD FM - FM Radio STD ST - Stereo STD CA - Cassette Summary =____ PENNSYLVANIA STATE VALUE $ 9,791.00 - 1,250.00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED 131.00 INCLUDED INCLUDED INCLUDED INCLUDED -------------- LOCAL MARKET VALUE $ 9,219.00 - 1,250.00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED 131.00 INCLUDED INCLUDED INCLUDED INCLUDED SE - Search/Seek INCLUDED INCLUDED CD - Compact Disc Player + 150.00 + 150.00 STD BN - Body Side Moldings INCLUDED INCLUDED STD IW - Intermittent Wipers INCLUDED INCLUDED STD TG - Tinted Glass INCLUDED INCLUDED MP - Metallic Paint INCLUDED INCLUDED STD AG - Air Bag INCLUDED INCLUDED STD RG - Passenger Air Bag INCLUDED INCLUDED STD AB - Anti-Lock Brakes (4) INCLUDED INCLUDED ACV prior to averaging $ 8,822.00 $ 8,250.00 CCC Valuation Amount $ 8,536.00 Condition adjustment amount + 137.00 Adjustment for additional considerations + 136.00 Actual Cash Value $ 8,809.00 Prior Damage - 856.54 Pre-tax amount $ 7,952.46 Sales tax 6.00% + 477.15 Value before deductible $ 8,429.61 Deductible 500.00 Valuation request: 29723098 (continued) 1997 TOYO CAMPY LE Vehicle Valuation Summary (continued) Computerized value $ 7,929.61 The CCC Valuation amount is the average of the local market value and PA state value of the loss vehicle. This amount includes mileage, packages, and all options. As such, proper adjustments have been made for all options which are present on the loss vehicle. The method used to gather fair market values on current year vehicles involves finding new vehicles for sale at the time of valuation, and making necessary adjustments based on the new car prices. Automated sales tax calculation based on applicable state, county and municipal tax rates. Appraiser's signature: ViNguard Vehicle Identification VIN: 4T1BG22KXVU046185 Insurer Description VINguard Analysis Year 1997 1997 Make Toyota Toyota Model Camry LE Camry B22K B22K Body style 4d Sed 4d Sed Engine 4-2.21-Fi 4-2.21-Fi Trans Automatic Transmission Overdrive Restraints AIR BAGS (DRIVER+PASS.) Air Bags (Driver+Pass.) Odometer 94000 Note: 52% higher than typical vehicle This vehicle was assembled in GEORGETOWN, KY VINguard VIN Vehicle History VINguard has decoded this VIN without any errors. * WARNING - VINguard has detected prior event(s) in this vehicle's history. Central Penn Sales, LLC 795 Sipe Road York Haven,.PA 17370 Year : 1997 Color : GREY Make : TOYOTA Model : CAMRY LE 4DR Note . ERI1 FOR ERIE INSURANCE P O BOX 2013 MECHANICSBURG, PA 17055 _ Proceeds Transmittal Advance Charges TOWING 55.00 8/24-8/30 7 days IS/DAY 105.00 Adjuster LINDA WHKSLER ......_Eiai?rtiinnd?ex'-' -$3O1R$632895BD1 .. _ . Date of Loss 08/24/2002 Policy Holder: AIELLO DEBORAH Owner : AIELLO DEBORAH Attached please find the sales proceeds check for the vehicle listed above. Thank you for allowing Central Penn Sales, LLC to sell your vehicle. Your patronage is appreciated. Buyer Information M & G AUTO WHOLESALE INC 2128 RICHMOND TERRACE STATEN ISLAND, NY 10302 The sale of this vehicle has been reported to NICE lV I 'Ub -" o, vw i ? Check No Y : 20086 ` Stock No. : 00390580 Date : 10/23/2002 Sale Date : 10/21/2002 Amount 806.50 Sale Dio. : 328 Picked Up : 08/3012002 VIN 4TIBG22KXVU046185 Tires 4 Mileage 94,568 Radio Yes Row H-018 Battery Airbag Dep Keys Yes . .. .. ... Pool Charges Advance Chgs 190.00 Tow In 45.00 CPS Handling 46.00 Title Fee 5.00 Express Tow 7.SD .00 .00 .00 .00 .00 .00 High Bid 1,100.00 Total Advance 190.00 Total Pool 103.50 Total Paid CD Proceed 806.56 "Pennsylvania's Largest Auto Salvage Auction" CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Request for Admissions was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 323 Bridge Street, Apt. A New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. BY: THOMAS E. BRENNER, ESQUIRE Date: ??©S 123060.1 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Petition to Assess Damages was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. BY / Thomas E. Brenner, Esquire Date: July 22, 2005 123566.1 ?;?? y 6 d ?- .? RECEIVED JUL 272075 ERIE INSURANCE EXCHANGE : IN THE COURT Or COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, VS. :NO. 043941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. RULE TO SHOW CAUSE AND NOW, this 2 y day of July, 2005, Defendant Charles E. Donnelly III, is directed to show cause why damages should not be assessed on the judgment against them. BY THE COURT: I 1s / . - 0- 14-aa J. Rule returnable -2-v days from the date of service. in 1 &,r-cnV w1we0j, E here unto irri haiw # tFt? 9 said G&W ri Cirdsle, Pa. .. L w F'ttriE<antf?N __._ CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Petition to Assess Damages was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. /l BY Michael F. Socha, Esquire Date: December 13, 2005 t DEC 1 6 2005 ERIE INSURANCE EXCHANGE : IN THE COURT OF COMMON PLEAS A/S/O DEBORAH AND RICHARD : CUMBERLAND CO., PENNSYLVANIA AIELLO, Plaintiffs, vs. :NO. 04-3941 CHARLES E. DONNELLY, III, : CIVIL ACTION - LAW Defendant. ORDER AND NOW, this Lo ` day of December, 2005, based upon the Motion to Make Rule Absolute, this Court directs that damages in the amount of $7,863.11, together with the cost of suit, be awarded to Plaintiff, Erie Insurance Exchange, and against Defendant, Charles E. Donnelly III. BY THE COURT: I've 1104- 1 ul e rnab t date of service. IC,? ,v ?Y" 4 'J'20 HE 1?d m JO FU Thomas E. Brenner, Esquire Michael F. Socha, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE A/S/O DEBORAH AND RICHARD AIELLO, Plaintiffs, vs. CHARLES E. DONNELLY, III, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND CO.,. PENNSYLVANIA NO. 04-3441 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT, Please enter Judgment against the Defendant, Charles E. Donnelly, III, in the amount of $7,863.11, plus costs of suit, pursuant to the Order of December 20, 2005. GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esq Attorney I.D.#32085 320 Market Street Strawberry Square Harrisburg, PA 17108 717-234-4161 Date: 3/2/06 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Praecipe for Entry of Judgment was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 GOLQB,ERG KATZMAN, P.C. Thomas E. Brenner, Esq Date: 3/2/06 C1 :. ?., S ;? ?.i ^' 4, `?. ?? ??e ?4 ?y ",_, 1c `? \ `? ,, ??.. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE A/S/O DEBORAH AND RICHARD AIELLO, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. CHARLES E. DONNELLY, III, Defendant. NO. 04-3941 CIVIL ACTION - LAW AFFIDAVIT I, Thomas E. Brenner, Esquire, hereby certify that the Judgment in the amount of $7,863.11 entered on March 3, 2006 pursuant to an Order of December 20, 2005 in the above-captioned action is the result of a motor vehicle collision which occurred on August 24, 2002. GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esq. Sworn and subscribed before me this day of , 2006. NOTARIAL SEAL JENNIFER L. BOLTZ, Notary Public City of Harrisburg, Dauphin County 4y Commission Expires May 30, 2009 i I w Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE A/S/O DEBORAH AND RICHARD AIELLO, Plaintiffs, vs. CHARLES E. DONNELLY, III, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA :NO. 04-3941 : CIVIL ACTION - LAW PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the docket in this matter as settled, discontinued and ended.. GOLDBERG KATZMAN, P.C. Date: October [ q_,2008 Thomas E. Brenner, Esq. Attorney I.D.#32085 320 Market Street Strawberry Square Harrisburg, PA 17108 717-234-4161 164685.1 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Praecipe for Entry of Judgment was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Charles E. Donnelly, III 500 Ross Avenue, Apt. D New Cumberland, PA 17070 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esq. Date: October ) `{ , 2008 164685.1 _ t-V 5