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HomeMy WebLinkAbout04-4807 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA ; NO. 0 t.j -tf~()? BARBARA GABERT, v. SANDRA CRONE, : CIVIL ACTION -LAW Defendant PRAECIPE Please initiate a civil action against Sandra Crone. B . Brenner, Esquire Attorney ID #32085 PO Box 1268 Harris burg, P A 171 08-1268 717-234-4161 Attorneys for Plaintiff Date: September 22, 2004 WRIT OF SUMMONS TO: Sandra Crone 6400 Spring Road Shermansdale, Perry County, Pennsylvania YOU ARE NOTIFIED TIIAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACnON AGAINST YOu. P<o~t By:/f} 1JnJCi~r)jU'nl f f Deputy' 111747,1 G '--2 / ),I Co (L .:...L., Vl d- c. o ~ N ~ ~ C^) " , ~ Q) '~~ -~ '!\ 0 ~ ('...: '- o ' ){) g= ~, . :t: ' (J. l[) '~QJ ~ ~ 0-c;L :_L ...--., ':_.! "" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GABERT BARBARA VS CRONE SANDRA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CRONE SANDRA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 4th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 23.50 .00 60.50 10/04/2004 GOLDBERG KATZMAN so~answ~~",,~ ____-----/~~/ ,~-,,~:.>~? --- ~~~-,._~:-".- / R. Thomas Kline Sheriff of Cumberland County SHIPMAN Sworn ~nd sUbscribe~o before me this ~ day of ~~ ~oo 1 Ai 9,"At,! '~" lJ ,,' . ) . p= oo~ , ,.,><rr~ In The Court of Common Pleas of Cumberland County, Pennsylvania Barbara Gabert VS. Sandra Crone N September 28. 2004 OW, hereby deputize the Sheriff of Perry No. 04-4807 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~ Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Sworn and subscribed before me this _ day of ,20_ Affidavit of Service ,20_,at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2004-4807 Cumberland County Barbara Gabert VS Sandra Crone 6400 Spring Rd. Shermansdale, PA 17090 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit, Sandra Crone, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons, for the above named Defendant(s) Sandra Crone at 6400 Spring Rd. Shermansdale, PA 17090 NOT FOUND. DEFENDANT IS REPORTED TO BE LIVING SOMEWHERE IN NEWPORT.PA Sworn and subscribed to before me this 30.J1day of Sefk'A>/~' 2004. -:111 tt(j?lllJV' i~f' R.U NOTARIAL SEAL I MAIlGARET f. fUCKlNGfR, NOrM\' PVIUC BLOOMFIElD BORG., f'fRIIY COUNlY MY COMMISSION EXPIRES FEB. 18, 20llI SOAZ/r Jk Carl E. Nace Sheriff of Perry County BARBARA GABERT, : IN THE COURT OF COM1v1:0N PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 0'-1- 4 </6 7 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE Please initiate a civil action against Sandra Crone. GOLD KATZMAN, P.e. B . Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff WRIT OF SUMMONS o '0, "" 4:- n"il:i foo ~~ ~ -<~ I\J g", \0 c::: ' ~~ ~ '"-1-., _ ""<(=) ~ ,.,.., - IC Date: September 22, 2004 TO: Sandra Crone 6400 Spring Road Shermansdale, Perry County, Pennsylvania YOU ARE NOTIFIED mAT mE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST you. , ';' "': I (i. rid Prodw~:: - 1 By: ;) mnr!! dJYy\'{)}\01 7 Deputy I ~ '''__ ,.."", ,"", 'J. '.,-,' ": ' . "''',' " I"~, \\;;> ":.,.;': ' :'~f _ :"': ";J~~: 111747.1 ~ Thomas E. Brenner, Esquire Goldberg Katzman, P.c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff BARBARA GABERT, : IN THE COURT OF COMMON PLEAS : CUMBERLA:)JD CO., PENNSYLVANIA Plaintiff : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE Please reissue a Writ of Summons for service upon Defendant Sandra Crone at a new address of 857 East Lowther Street, Carlisle, Cumberland County, Pennsylvania. GOLDBt<~RG KATZMAN, P.e. -- ," 11? (--~_J~~ {;~r-~ By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: January 5, 2005 .-_.' J __..... ';;:- r' .~ ?~ 1'--' t'.-J ....-::.:.;. <:..J1 <- ~ o :~.: ......, ~'<. ~ \oR C,.) (J. o -n .-1 -r-~ nl~ rn :go S2~: \:~~~ '-, BARBARA GABERT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. OY-lf?O'1 (2,<.>; CT 8l.YY\ v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE Please reissue the Writ of Summons against Sandra Crone. GOLDBERG KATZMAN, P.c. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: February 14, 2005 WRIT OF SUMMONS Sandra Crone 6400 Spring Road S ansdale, Perry County, Pennsylvania YOU ARE IFIED THAT THE ABO COMMENCED AN A By: onotary '? ,~ i"""" <:< ~ ~ .~ ::;'-' ''::;:'' ""-- ~ fA ""f'\ .... -cP '-" -.. :x -- .r w ..,.' "" ... ... BARBARA GABERT, : IN THE COURT OF COMMO PLEAS : CUMBERLAND CO., PENNS LV ANIA Plaintiff : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE Please reissue the \Vrit of Summons against Sandra Crone. GOLDBERG KATZMA , P.c. By: r :re f1 Thomas E. Brenner, Esqui e Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-126 717-234-4161 Attorneys for Plaintiff Date: March 29, 2005 WRIT OF SUMMONS 0: Sandra Crone 43 Dana Street S ersville, Luzerne County, Pennsylvania YOU ARE OTIFIED THAT THE ABO COMMENCED AN ION AGAINST Y D 111747.1 ~ ~.) -'I (.) \.-- ~ . 1 r.....j SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04807 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GABERT BARBARA VS CRONE SANDRA R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CRONE SANDRA ut was unable to locate Her in his bailiwick. He therefore returns he -- WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , CRONE SANDRA 857 EAST LOUTHER STREET CARLISLE, PA 17013 PER EX-HUSBAND, DEFENDANT IS LIVING IN WILKES-BARRE AREA WITH HER MOTHER, BETTY KLEMCHESKI. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 .00 5.00 10.00 .00 33.00 So answers: _,~- '.> .c,...-:--::;::~--""""_, ...,.,.,, ../ ,-.",.,.-..", _..__' ---~~=~~~::~~- .' Sheriff of Cumberland County /' -~-- GOLDBERG KATZMAN 03/01/2005 Sworn and subscribed to before me this J day of ~/k~ 0/a_,1::D, ~.;~~' ~ . othonotary --~7"<J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GABERT BARBARA VS CRONE SANDRA R. Thomas Kline , Sheriff or Deputy Sheriff wh being duly sworn according to law, says, that he made a diligent se rch and and inquiry for the within named DEFENDANT , to wit: CRONE SANDRA but was unable to locate Her in his bailiwick. He theref re deputized the sheriff of LUZERNE County, pennsylva ia, to serve the within WRIT OF SUMMONS On April 11th , 2005 , this office was in receipt of he attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne Co Postage So -7 18.00 9.00 10.00 27.00 .74 64.74 04/11/2005 GOLDBERG KATZMAN R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before day of ~ '(l ( me this ~ d. 6t ~ -~. In The Court of Common Pleas of Cumberland County, Pem~sylvania Barbara Gabert vs. Sandra Crone No. 04-4807 civi Now, March 31. 2005 , I, SHERIFF OF CUMBERLAND COUNT , P A, do hereby deputize the Sheriff of T,117.prn@ County to execute this !writ, this deputation being made at the request and risk of the Plaintiff. .~~~ ~t':::::C;~ Sheriff of Cumberland County, P Affidavit of Service Now, , 20_, at o'clock M. se ved the within upon at by handing to a copy of the original and made !mown to the contents therec f. So answers, Sheriff Df Count) PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ rbD (570) 825-1860 FA : (570) 825-1849 Luzerne County Sheriffs Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 CUMBERLAND COUNTY 04-4807 BARBARA GABERT vs SANDRA CRONE STATE OF PENNSYLVANIA LUZERNE COUNTY SS: duly sworn day of WRIT OF the within named, by handing to HER SWOYERSVlLLE personally, atHER RESIDENCE, REAR 243 DANA S1REET, in the County of Luzerne, State of Pen sylvania, a true and attested copy and making known the contents thereof. Sworn to and subscribed before me ~# Sheriff of Luzerne County this SEVEN1H day of APRIL 20 ~ ('\; ~, n //L ,-. '...J-.-\. I '{_,/~J'- Prothonotary of Luz~me County I " Thomas E. Brenner, Esquire Carly]. Wismer, Esquire GOLDBERG KATZMAN, P.C 320 Market Street, P,O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE, as subrogee of BARBARA GABERT Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW SANDRA CRONE Defendant :NO. 04 - 4807 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/Answer, New Matter and Counterclaim 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 South Bedford Street Carlisle, P A 17013 1-800-990-9108 NOTICIA Le ban 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus de fens as o sus objectiones alas demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y par cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO TMMEDIATAMENTE. ST NO TTENE ABOGADO 0 ST NO TTENE EL DINERO SUFTCTENTE DE P AGAR TAL SERVICTO, VA Y A EN PERSONA 0 LLAME POR TELEPONO A LA OFICTNA CUYA DIRECCTON SE ENCUENTRA ESCRTTA ABAJO PARA A VERTGUAR DONDE SE PUEDE CONSEGUTR ASISTENCTA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 1-800-990-9108 124083.1 Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOlDBERG KATZMAN, P.c. 320 Market Street, P.O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT Plaintiffs vs, : CIVIL ACTION -LAW SANDRA CRONE Defendant :NO. 04 -4807 COMPLAINT AND NOW, comes Plaintiff, Erie Insurance Exchange as subrogee of Barbara Gabert, by her attorneys, Goldberg Katzman, P.c., who avers as follows: 1. Plaintiff Erie Insurance Exchange (hereinafter Erie) is a business entity with an office located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania authorized to issue policies of insurance. 2. Barbara Gabert is an adult individual residing at 11 North 5th Street, Newport, Perry County, Pennsylvania, who at relevant times maintained automobile insurance coverage with Plaintiff Erie. 3. Defendant Sandra Crone is an adult individual currently an inmate at the Cumberland County Prison, 1101 Fairmont Road, Carlisle, Cumberland County, Pennsylvania. 4. This matter involves an auto accident which occurred on December 18, 2002. 5. On December 18, 2002 at approximately 6:49 a.m., Defendant was traveling westbound along Wertzville Road, Cumberland County, Pennsylvania, when she crossed over the center dividing line entering the eastbound land striking Viola Smeltzer's vehicle, a 1993 Chevrolet Blazer. 6, Defendant's vehicle spun off Ms. Smeltzer's vehicle and struck Ms. Gabert's vehicle, which was traveling eastbound on Wertzville Road. 7, Defendant Crone was negligent, careless and reckless in: failing to safely operate her motor vehicle; crossing over the center dividing line into oncoming traffic; failing to keep her vehicle under control; and failing to avoid striking the Gabert vehicle. As a direct result of Defendant's negligence and recklessness, the Gabert vehicle was declared a total loss with a net value of $5,622.50. Plaintiff incurred damages for towing and storage ($400.00); rental of a substitute vehicle ($140,00); and damage to personal property of $53.37. 9. Ms, Gabert submitted a claim for the aforesaid losses to Plaintiff Erie, 8. a. b. c. d. which made payment for these damages and pursues this subrogation action to recover for the losses paid. WHEREFORE, Plaintiff Erie Insurance Exchange, as subrogee of Barbara Gabert, demands judgment against Defendant Sandra Crone in the amount of $6,215.87 together with interest and costs of suit. GOLDBERG KATZMAN, P.c. By: Thomas E. Brenner, Esquire Attorney rD #32085 Cady J. Wismer, Esquire Attorney rD # 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: August 17,2005 ~ VERIFICATION I~~PJ' - -Skr7~0 , hereby acknowledge that I am an authorized representative of Erie Insurance Exchange; that I have read the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE By: c::;; a- - r-€ "r= Date: 111287.1 \-\ARRlseuR<:l A\}G 1221b CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Inmate Sandra Crone Cumberland County Prison 1101 Fairmont Road Carlisle, P A 17013 GOLDBERG KATZMAN P.C (~ BY: Thomas E. Brenner, Esquire Date: August 17, 2005 o ':.-';' s?.,. ,,-;:.."':;0 ~ ?:" '~;~1 ..- CO c;?, ::;?, ~D f,....r~:,:\ 7;,,'~: .-:_~ 'rA .;..-'-~ '~ t.~) 0' f"j (..I' Thomas E. Brenner, Esquire Goldberg Katzman, P,C PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for PLaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN TIlE COURT or COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO, 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default against Defendant Sandra Crone for failure to respond to the Complaint. A copy of the Ten-Day Notice is attached hereto, GOLDBERG KATZMAN, P.c. By ur:::Jt------- Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: October 4, 2005 I II. lIi~i ----..--.-- A full-service law firm. September 20, 2005 Inmate Sandra Crone Cumberland County Prison 1101 Fairmont Road Carlisle, P A 17013 RE: Erie Insurance Exchange a/s/o Barbara Gabert v, Sandra Crone Dear Ms, Crone: Enclosed please find a Ten-Day Notice of Taking DefaultJudf,>ment for your failure to respond to the Complaint in the above matter. .YO~ Thomas E. Brenner TEB:ar Enclosure 126437.1 1110mas E. Brenner, Esquire Goldberg Katzman, p,c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for PLaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04--4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant TEN-DAY NOTICE OF TAKING DEFAULT JUDGMENT TO: Sandra Crone Cumberland County Prison 1101 Fairmont Road Carlisle, P A 17013 DATE OF NOTICE: September 20, 2005 YOU ARE IN DEFAULT BECAUSE YOU I-IAVE 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 WITI-IOUT 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 I-lAVE 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 South Bedford Street Carlisle, P A 17013 1-800-990-9108 GOLDBERG KATZMAN, p,c. ..., , By: ( ,.' h-y~ )X~4U_- Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiff Date: September 20,2005 126436.1 1110mas E. Brenner, Esquire Goldberg Katzman, P.e. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff v. SANDRA CRONE, Defendant : IN THE COURT or COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 : CIVIL ACTION - LAW APPIPAVIT AS TO MILITARY SERVICE To the best of my knowledge the Defendant Sandra Crone is not in the military servIce. Sworn to and subscribed before me this 5 ~ day of October, 2005 ~tlbQ!jpALJdJ Notary P hc t"/<</-_.' (' P "---1 ~ jL~~~ Thomas E. Brenner, Esquire Notarial Seal Glenda J, Ebersole. Nota'}' Public City Of Harnsburg. Dauphin County My Commission Expires Oct. 21, 2006 Member, Pennsvlwmia i'.S5OClatlon Of Notanes CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon theperson(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Sandra Crone c/o B-J. Klemchcfski 243 Dana Street Swoyersville, PA 18704 GOLDBERG KATZMAN, P.c. r=-------> It' r~ \ ~~__ By:- - -- '--' Thomas E. Brenner, Esquire Date: October 4, 2005 127026,1 ~11-\~ F ~'\) C> ~ ~ ~ ~ - Vr ::b R' i:=- t' -1...- C) "'~ r- ~.~ C) C..r1 ..::rl (:"""1 :~ (,;.:~ I --l 1"'11 ~r:.; 1-- 2_' 'i' c) :T:::: ,,~:::l (3 ~,,)f-~~ --. " c.') ~;::" t...-i -< . Thomas E. Brenner, Esquire Goldberg Katzman, P.e. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTIOi\ - LAW Defendant MOTION TO ASSESS DAMAGES AND NOW, comes the Plaintiff Erie Insurance Exchange, as subrogee of Bar bar aGabert, by its attorneys, Goldberg Katzman, P.c., who avers: 1. This matter arises from the Defendant's negligence which caused Plaintiff to incur damages in the amount of $5,926.37. 2. Plaintiff flied a Complaint on August 18, 2005 to which Defendant has not flied an answer. 3, Plaintiff served a Ten-Day Notice of Taking DefaultJudgment on or about September 20, 2005. 4. Plaintiff filed a Praecipe for Entry of Default Judgment on October 7, 2005. 5. Plaintiff served a Request for Admissions regarding the damages caused by Defendant's negligence on or about November 1, 2005, to which Defendant failed to respond. 6. Pursuant to Pa.R.C.P. 4014(b), the Requests for Admission are deemed admitted, as a timely response has not been flied. (See Exhibit "A"). 7, Based upon these admissions, Plaintiffs request that damages be assessed on the Judgment in the amount of $5,926.37, WHEREFORE, Erie Insurance Exchange a/ s/ 0 Barbara Gabert request that the Court enter a Rule upon Defendant, Sandra Crone, to show cause why damages should not be assessed on the Judgment against her in the amount of $5,926.37, together with the costs of suit. GOLDBERG K,ATZMAN, p,c. .....~~ B(i~ kJ,~ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: December 7, 2005 129080,1 " Thomas E, Brenner, Esquire Goldberg Katzman, P,C PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for PLaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVlL ACTION - LAW Defendant REQUEST FOR ADMISSIONS TO: Sandra Crone c/o B.J. Klemchefski 243 Dana Street Swoyersville, P A 18704 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,CP, 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 qualify his answer or deny only a part of the matter of which an admission is requested, ~ EXHIBIT ~A ~ 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. D ,I! / ate: I q I D ') ~'i_/) ,. J"lj/ / .'\ 1/, () )1, /!)~/ B ' ',..~' i -',-or'''', , y: '-__' '-----., ...,. v ~ ... Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorney for Plain1iff REQUEST FOR ADMISSIONS 1. The Gabert vehicle insured by Erie was a total vehicle loss with a net value of $5,333,00 as a result of Crone's negligence. (See Exhibit A). ADMITTED DENIED 2. Damages were incurred by Gabert and paid by Erie Insurance from this accident in the amount of $400.00 for towing and storage, vehicle rental of $140,00 and damage to personal property in the amount of $53,37. (See Exhibit "B ") ADMITTED DENIED -' CHECK NO R684695 CMS NO R684695 DATE 01/27/2003 Pay FIVE THOUSAND THREE HUNDRED THIRTY AND 00/100 To The . Order of For $$$$$$5,330.00 CHARTER ONE AUTO FINANCE ACCT # 0053379844 Operator 35NBORGESON Loss Date 12/18/2002 Claim 010170653587 Tax Id No TOTAL LOSS COLLISION A35N C Cashed 01/31/2003 . -~-------------~--------------------------------------------------------------- ~ EXHIBIT ~A I< l;; -" ;f l2/26/20UJ AT 08:54 AM Req: JACOBS ,D 010170653587001 ERIE INSURANCE GROUP HARRISBURG OFFICE P.O. BOX 621 BOILING SPRINGS, PA 17007--0621 (717) 486-8756 FAX: (717)486-4056 ESTIMATE OF RECORD WRITTEN BY: C. STEINER #152145 12/26/2002 08:24 AM ADJUSTER~ C. STEINER #152145 INSURED: BARBARA GABERT OWNER: BARBARA GABERT ADDRESS: 24 S 5TH STREET NEWPORT, PA,17074-0000 EVENING: (717) 567-7278 CLAIM #010170653587001 POLICY #Q062306405 DATE OF LOSS: 12/18/2002 AT 06:50 AM TYPE OF LOSS: COLLISION POINT OF INPACT: 15. TOTAL LOSS INSPECT MILLER & SAMS TOWING LOCATION: 6487 CARLISLE PIKE MECHANI CS BURG , PA 17055 BUSINESS: (717) 697-9972 DRIVE IN REPAIR ZIMMERMANS AUTOMOTIVE SRVC. FACILITY: 2234 S.YORK STREET MECHANICSBURG, PA 17055 BUSINESS: (717) 766 -7656 DAYS TO REPAIR LICENSE # 231857420 1994 NISS ALTlMA GXE 4-2.4L-FI 4D SED BEIGE INT:TA~ VIN: IN4BU31D9RC121367 LIC: PA PROD DATE: AIR CONDITIONING REAR DEFOGGER INTERMITTENT WIPERS TINTED GLASS DUAL MIRRORS CLEAR COAT PAINT POWER BRAKES POWER WINDOWS POWER MIRRORS AM RADIO STEREO CASSETTE DRIVER AIR BAG PASSENGER AIR BAG CLOTH SEATS BUCKET SEATS 5 SPEED TRANSMISSION ODOMETER: 59249 TILT WHEEL BODY SIDE MOLDINGS POWER STEERING POWER LOCKS FM RADIO SEARCH/SEEK POSITRACTION RECLINE/LOUNGE SEATS ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT -----------------------------------------------------------~------------------- 1# *THIS IS A TOTAL LOSS VEHICLE* 1 2 INFORMATION LABELS 3 RPL INFORMATION LABELS 0.3 4 REPL VACUUM DIAGRAM 1 2.22 INCL. 5 REPL AIR BAG LABEL UNDER HOOD 1 6.39 INCL. 6 REPL CAUTION LABEL OIL 1 1.31 INCL. 7 REPL CAUTION LABEL RADIATOR CAP 1 1. 95 INCL. 8 REPL CAUTION LABEL RADIATOR FAN 1 2.51 INCL. 9 REPL EMISSION LABEL MANUAL TRANS 1 2.49 INCL. FEDERAL 10 RECYCLED ASSEMBLIES 11* REPL USED LT 3/4 FT SHEET METAL * 1 2250.00* 6.5 10.2 +25% * 12 AIM HEADLAMPS 0.5 1 Req: JACOBS ,D 010170653587001 INT:TAN ---~----------------------------------____________n____________________________ NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ----------------~---------------------------------~._--------------------------- 13 AC SERVICE M 1.4 14 REFN, EDGES 1.0 15 R&I INSULATOR 0.3 16 REFN UNDERSIDE HOOD 1.6 17* REPL USED LT 3/4 FT PART INR * 1 INCL. * 8.0* 2.0 STRUCT +25% * 18 WINDSHIELD 19 REPL GLASS NISSAN XE, GXE, SE 1 328.46 3.5 20 RESTRAINT SYSTEMS 21 . REPL FRONT SENSOR 1 79.72 M 0.7 M 22 REPL AIR BAG SENSOR 1 238.10 M 1.0 M 23 REPL DRIVER AIR BAG wlo CRUISE 1 690.25 M 0.5 M CONTROL TAN 24 REPL PSNGR AIR BAG TAN 1 691.77 M 1.0 M 25 REPL CONTROL MODULE 1 697.55 M 1.3 M 26 FRONT DOOR 27* REPL USED LT DOOR ASSY +25% 1 625.00* 1.6 3.2 28 OVERLAP MAJOR ADJ. PANEL -0.4 29 ADD FOR CLEAR COAT 1.1 30 ADD FOR POWER UNITS 0.3 31 REFN MIRROR 0.5 32 R&I MIRROR 0.4 33 R&I OUTSIDE HANDLE 0.3 34 R&I WEATHERSTRIP 0.3 35 R&I LOCK 0.3 36 R&I MOLDING BELT 0.3 37 REPL LT BODY SIDE MLDG 1 68.07 0.3 38 OTHER CHARGES 39# TOWING 1 225.00 40# STORAGE 7 175.00 ---------------------------------------------------------------------- --------- SUBTOTALS ==> 6085.79 28.8 19.2 ------------------------------------------------------------------------------- ESTIMATE NOTES: USED PARTs FROM: AUMILLERS AUTO PARTS, CONTACT CARL, @ PH #800-692-7463 PARTS BODY LABOR PAINT LABOR MECHANICAL LABOR PAINT SUPPLIES OTHER CHARGES 24.3 HRS 19.2 HRS 4.5 HRS @$ 38.00/HR @$ 38.00/HR @$ 48. 00 /HR 5685.79 923.40 729.60 216.00 350.00 400.00 ---------------------------------------------------- SUBTOTAL SALES TAX $ 8304.79 $ 7904.79 @ 6.0000% 474.29 2 12/26/2002 AT 08:54 AM Req: JACOBS ,D 010170653587001 ESTIMATE OF RECORD 1994 NISS ALTlMA GXE 4-2.4L-FI 4D SED BEIGE INT:TAN ----~-----~----~------------------------------------ TOTAL COST OF REPAIRS $ 8779.08 ADJUSTMENTS: DEDUCTIBLE 500.00 ---------------------------------------------------- TOTAL ADJUSTMENTS NET COST OF REPAIRS $ 500.00 $ 8279.08 THIS IS NOT AN AUTHORIZATION TO REPAIR. THE VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMENT !S.MADE. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. 'THERE IS}JO REQUIREMENT TO USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM ERIE INSURANCE ON REQUEST. ABBREVIATIONS WHICH MAY HAVE BEEN USED IN THIS APPRAISAL ARE DEFINED AS FOLLOWS: D = DISCONTINUED PART, A = APPROXIMATE PRICE, B = BODY LABOR, D - DIAGNOSTIC, E = ELECTRICAL, F = FRAME, G = GLASS, M = MECHANICAL, P = PAINT LABOR, S = STRUCTURAL, T = TAXED MISCELLANEOUS, X = NON TAXED MISCELLANEOUS, ADJ = ADJACENT, A = ALIGN, A/M = AFTERMARKET, BLND = BLEND, CAPA = CERTIFIED AUTO PARTS ASSOCIATION, D&R = DISCONNECT AND RECONNECT, EST = ESTIMATE, EXT. PRICE = UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL = INCLUDED, MISC = ]"IISCELLANEOUS, NON - ADJ = NON ADJACENT, O/H = OVERHAUL, OP. = OPERATION, NO. = LINE NUMBER, QTY = QUANTITY, QUAL RECY = QUALITY RECYCLED PART, QUAL REPL = QUALITY REPLACEMENT PART, RECOND = RECONDITION, REFN = REFINISH, REPL = REPLACE, R&I = REMOVE AND INSTALL, R&R = REMOVE AND REPLACE, RPR = REPAIR, RT = R!GHT, SECT = SECTION, SUBL = SUBLET, USED = RECYCLED PARTS OF LIKE KIND AND QUALITY, OR BETTER, E.P.C. = ENVIRONMENTAL PROTECTION CHARGE, LT = LEFT, W/O = WITHOUT, W/ = WITH/, # = MANUEL LINE ENTRY, * = OTHER [ I.E., MOTORS DATABASE INFORMATION WAS CHANGED], ** = DATABASE LINE WITH AFTERMARKET PART INCLUDED, N= NOTES ATTACHED TO LINE, 3 Req: JACOBS I~ 12/26/2002 AT 08:54 AM 010170653587001 ESTIMATE OF RECORD 1994 NISS ALTIMA GXE 4-2.4L-FI 4D SED BEIGE INT:TAN ~~ PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT, OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF HISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL F~ CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D=DISCONTINUED PART A=APPROXlMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUSADJ=ADJACENT ALGN=ALIGN A/M=AF'TERMARKET BLND=BLEND CAPA=CERTIFIEDAUTOMOTlVEPARTSASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PIUCE=UN'iTPRiCE MULTIPLIED BY. THE QUANT!TY INCL=INCLUDED MISC=MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBERQTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART RECOND=RECONDITION.REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED]. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS=NATIONAL AUTO GLASS SPECIFICATIONS. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. ESTIMATE CALCULATED USING A PRESET USER THRESHOLD P~OUNT FOR THE PAINT AND MATERIAL COST. IF THIS ESTIMATE INDICATES USED PARTS WERE SPECIFIED, KIND AND QUALITY, OR BETTER. IF THIS ESTIMATE INDICATED CRASH PARTS WERE SPECIFIED, THESE REPLACEMENT PARTS ARE EQUIPMENT MANUFACTURERS. USUALLY, AFTERMARKET PARTS ARE OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THEY A/M FROM USED ARE TO BE OF LIKE , AFTERMARKET NONORIGINAL ON THE EXTERIOR IF THIS APPRAISAL INDICATES IT INCLUDES AFTERMARKET CRASH PARTS, AND IF THE USE OF AFTERMARKET CRASH PART OR PARTS VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED, OR ANY OTHER PART, THE AFTERMARKET CRASH PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINING WARF~TY OF THE PART BEING REPLACED, PROVIDED BY THE PART MANUFACTURER AND ERIE INSURANCE. 4 12/26/2002 AT 08:54 AM Req: JACOBS ,D 010170653587001 ESTIMATE OF RECORD 1994 NISS ALTlMA GXE 4-2.4L-FI 4D SED BEIGE' INT:TAN ESTIMATE BASED ON MOTOR CRASH ESTIMATIN~GUIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GUIDE ARF3789 DATABASE ,DATE 12/2002 AND THE PARTS . SELECTED ARE OEM-PARTS.MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY, HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM OR QUAL REPL PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED A,S RECORE. NAGS PART NUMBERS AND PRICES ARE PROVIDED FROM NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. PATHWAYS - A PRODUCT OF CCC INFORMATIC~ SERVICES INC. 5 l2/26/2002 AT 08:54 AM ESTIMATE OF RECORD 1994 NISS ALTlMA GXE 4~2.4L-FI 4D SED BEIGE ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: Req: JACOBS , D 010170653587001 INT:TAN AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 0 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 6 CCC Req: JACOBS ,D Erie Insurance Group Market Valuation Report Adjustcer: Steiner Report Reference Number: 30252474 Claim reference: 010170653587001 Los~ Incident Date: 12/18/2002 Insured: Gabert Appr. license: 152145 Policy Number: Q062306405 Introduction Valuation Date: 12/24/2002 Owner: Barbara Gabert 24 S 5th Street Newport, PA 17074 Appraiser: STEINER Erie Insurance Group has conducted an appraisal of your 1994 Nissan Altima GXE 4 door Sedan located in Newport, 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 Contcents: -------------- -------------- ----------------- ----------------- 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 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: 30252474 (continued) 1994 NISS A~TlMA GXE ========================== Vehicle Valuation Summary ========================== DESCRIPTION OPTION PENNSYLVANIA LOCAL MARKET STATE VALUE VALUE $ 4,571.00 $ 4,268.00 + 772.00 + 772.00 Base value ** Odometer 59,249 Vehicle equipment: STD S5 - 5 Speed Transmission STD OD - Overdrive PO - positraction PS - Power Steering PB - Power Brakes PW - Power Windows PL - Power Locks PM - Power Mirrors AC - Air Conditioning RD - Rear Defogger TW - Tilt Wheel CS - Cloth Seats RL - Reclining/Lounge Seats BS - Bucket Seats DM - Dual Mirrors AM - AM Radio FM - FM Radio ST ~' Stereo' CA - Cassette SE - Search/Seek STD STD STD STD STD PREDOM STD STD STD STD STD STD PREDOM PREDOM PREDOM PREDOM 211.00 211.00 INCLUDED INCLUDED + 21.00 + 21,00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED SYD BN - Body Side Moldings STD IW - Intermittent Wipers STD TG - Tinted Gla.ss STD AG - Air Bag STD RG - Passenger Air Bag ACVprior to averaging CCC Valuation Amount Condition adjustment amount INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED $ 5,153.00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED $ 4,850.00 5,001.50 0.00 $ + Actual Cash Value $ 5,001.50 $ 5,001.50 + 300.09 500.00 Pre-tax amount Sales tax 6.00% Deductable Computerized value $ 4,801.59 TheCcCVall-iation amount is the average of the local market value and PAstate 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 Valuation request: 30252474 (continued) 1994 NISS ALTlMA GXE ==================== Vehicle Valuation Summary (continued) =============6====== 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: IN4BU31D9RC121367 Insurer Description VINguard Analysis --------------------------------- --------------------------------- 1994 Nissan Altima GXE BU31D 4d Sed 4-2.4l-Fi 5 Speed Transmission Overdrive Restraints AIR BAGS (DRIVER+PASS.) Air Bags (Driver+Pass.) Odometer 59249 Note: 40% less than typical vehicle This vehicle was assembled in SMYRN~, TN ========================= VINguard VIN Vehicle History ======================== Year Make Model 1994 Nissan Altima BU31D 4d Sed 4-2.4l-Fi Body style Engine Trans VINguard has decoded this VIN without any errors. ISO Vehicle History: ISO response indicates no history for this VIN. =========================== Local Market Definition =========================== The local market value for your 1994 Nissan Altima GXE 4 Door Sedan was defined by ZIP code 17074 -- Newport, PA. Adjacent markets were also searched as secondary sources to locate comparable vehicles. Details of the specific . markets searched fo'llow'. The State of pennsylvania is composed of 8 distinct local markets. The following 1 local market was used in the preparation of this Market Valuation ~eport. :-rarrisburg, FA ~ Primary local market vehicle database. 'laluation request: 30252474, (continued~ ,~9~4 NISS A~TIMi\ GXE --------------------- Local Market Def'n't'on (cont'nued) --------------------- --------------------- . ~ . . ~ ---~~-~~---~--------- In this market, tee maintains a database of 1,661 inspected dealer vehicles located at 24 dealerships, and 19,897 dealer advertised, and 9,182 privately advertised vehicles taken from 29 local papers or magazines. This local database also includes 3,301 vehicle valuations researched in the last 90 days. cce searched all local vehicle databases in Pennsylvania to establish the statewide market value. The consolidated Pennsylvania database includes 19,787 inspected dealer vehicles located at 237 dealerships and 70,649 dealer advertised and 39,391 privately advertised vehicles taken from 165 local papers or magazines. The statewide database also includes 19,751 valuations recently completed in the state. From this 1 local market, comparable vehicles were selected based on the year, make, model, body style, and engine configuration of your vehicle. Adjustments were made to the value of each comparable vehicle to compensate for differences in year, model, body style, engine configuration, packages, options, and mileage. For your vehicle's Market Valuation Report, CCC identified 6 advertised vehicles as most comparable to your vehicle, and used their values to determihe the Local Market Value. Vehicles are determined to be comparable to the loss vehicle based on: * Nearness'to the loss vehicle's primary garage location * Similarity of model, equipment, and odometer * Precision of the data (inspected versus advertised) =========================== Valuation Methodology =========================== This Vehicle Market Value Report was prepared for Erie Insurance Group by CCC Information ,Services Inc. CCC has been preparing Market Valuation Reports for the insurance industry since 1981. CCC physically inspects vehicles for sale at vehicle dealerships in the local markets, and subscribes to local newspapers and automotive publications in these markets. CCC maintains vehicle databases containing these inspected dealership vehicles along with the dealer and private party advertised vehicle information. When Erie Insurance Group requests a Vehicle Market. Value Report from CCC, they provide CCC the VIN (Vehicle Identification Number) of the loss vehicle. Decoding this VIN identifies the exact vehicle for which the local market value will be done. See the VINguard Vehicle Identification section. Erie Insurance Group also provides CCC the vehicle owner's zip code. This identifies the local market that will be used to determine the market value. See the Local Market Definition section. valuation request: 30252474 (continued) 1994 NISS A~TIMA GXE Finally;'Erie"Insurance Group'provides CCC with the' configuration of the loss vehicle including equipment, odometer, condition, maintenance, etc, This information is the starting point for determining the local market value. 'Jsing thiE; information, CCC searches its databases to find comparable -.rehicles in the ,loCalrharket. Each vehicle is compared to the loss vehicle, a,nd, adjustments ,are made for differences in model, equipment, and odometer. Those vehicles that .are deemed most comparable to the loss vehicle are used to determine the local market value. See the Local Market Definition section. _Zl..fter the Adjusted Value for each comparable vehicle is calculated (see the Gocal Market Comparable vehicles section), CCC calculates the. Local Market Value. This calculation is a weighted average. Using a weighted 'average allows those vehicles most similar to the loss vehicle to contribute a gr~ater percentage to the Local Market Value than less similar vehicles. Factors that determine similarity are: * Nearness to the loss vehicle's primary garage location * Equivalency of model, equipment, and odometer * Precision of the data (inspected versus advertised) UsingcLweighted average results in more accurate local market value as the vehicies most similar and closest to the loss vehicle contribute more to the market value than less'similar, more distant vehicles. Pennsylvania Market Valuations are based on the average of the local market value and the statewide market value. The methodology used to establish your market value is described below, The statewide market value is based on all Pennsylvania valuations for a comparably equipped 1994 Nissan Altima GXE. ===========~================== Vehicle Condition ============================== Erie Insurance Group uses Condition Inspection Guidelines to determine the condition of key components of the loss vehicle. These guidelines are specific to geographic location, year, and vehicle type. The guidelines describe physical characteristics for each of the components. Based on these guidelines, Erie Insurance Group determines the condition of the vehicle prior to the loss. Category Condition Adjustments MECHANICAL Engine Average private $0 Appraiser comment: MEETS CRITERIA Transmission Average private $0 Valuation request: 30252474 (continued) 1994 NISS ALTIMA GXE Category Condition Adjustments Appraiser comment: MEETS CRITERIA PAINT Average private $0 Appraiser comment: MEETS CRITERIA TIRES Front Tires Average private Appraiser comment: MEETS CRITERIA Rear Tires Average private $0 $0 Appraiser comment: MEETS CRITERIA BODY/GLASS Average private. Appraiser comment: MEETS CRITERIA INTERIOR Average private Appraiser comment: MEETS CRITERIA $0 $0 ------- ------- Total Adjustments: $0 * The condition Inspection Guidelines provide information based on vehicle age, vehicle type, and geographic location. Your vehicle has been identified as being located in the Pennsylvania region as an older passenger car. *'rhe Condition InspectionGuidelines,and all dollar ac1ju8tments,are determined by surveys, inspections, and interviews with dealerships across the United States. --~--~~~---------~~-~----------------------------------------~-----~----------- ~~~~~~~~~~=~~~~~~~~~~~ Local Market Comparable Vehicles ~~~~~~~;;~~=~~~~~~~~~~~ Valuation reqUest: 30252474 (continued) 1994 NISS ALTlMA GXE ============================= Local Advertisements ============================ Phone/ Compared Source/Location/Year Model Odometer Date Price To Loss Harrisburg Patriot News (814) 542-9349 $ 4,500 Mount Union, PA. 40 Miles From Newport 1994 Altima GXE 105,000 10/27/2002 York Sunday News (717) 266-4717 $ 3,200 Manchester, PA. 36 Miles From Newport 1995 Altima XE 125,000 11/10/2002 Lancaster Sunday News (717) 278-2735 $ 3,500 Lancaster, PA. 53 Miles From Newport 1994 Altima GXE 117,000 10/20/2002 Auto Locator (717) 567-9622 $ 2,850 Newport, PA. , Less Than 1 Mile From Loss Location 1995 Altima XE unknown 12/13/2002 Harrisburg Patriot News (717) 243-9810 $ 3,500 Carlisle, PA. 19 Miles From Newport 1994 Altima XE unknown 11/10/2002 Harrisburg Patriot News (717) 243-4573 $ 3,800 Carlisle, PA. 19 Miles From Newport 1994 Altima GXE unknown 10/13/2002 $ 5,328 $ 4,882 $ 4,819 $ 3,657 $ 4,860 $ 4,930 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ NHTSA Recall Notices ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The National Highway Traffic Safety Administration has issued 1 safety related recall notice that may apply to the above valued vehicle, For additional information or assistance, call CCC customer service at 1-800-621-8070 and follow the automated operator's instructions. Please use your valuation request number for reference. NHTSA ID: 94V035000 Issued: 02/14/1994 No. of vehicles: 206,000 Engine movement can be transmitted to the airflow meter/filter housing and support bracket, which,is mounted-in-the engine-air duct, causing the throttle cable housing to pullout of the cable guide. This may prevent the throttle from returning to the idle position when the gas peds>l is released. If this were to. occur while the vehicle is in motion, loss of throttle cOhtrol could result in an accident. Nissan will reposition the throttle cable housing in the support bracket to provideadditibhal slack for engine movement. A rubber stopper will be clamped to the cable to maintain the correct position for.the cable at the support bracket. In addition, the throttle cable will,be tested for pullout resistance from the guide in the event the Valuation request: 30252474 (continued) 1994NISS ALTlMA GXE ====================== NHTSA Recall Notices (Continued) ======================= cable was damaged. The throttle assembly will be replaced, if necessary. System: Fuel; throttle linkages and control. Vehicle Description: Passenger vehicles. Note: If your vehicle is presented to an authorized dealer on an agreed uponservice date and the remedy is not provided within a reasonable time and freeof charge or the remedy does not correct the defect or honcompliance, ,pleasecontact Nissan service at 1-310-532-3111. Also, contact the National highway traffic safety administration's auto safety hotline at 1-800-424-9393. ======================== Appraisal and Valuation Notes ======================== The loss vehicle has been valued as ah older vehicle in the pennsylvania region with 40% less than average miles of 98,200. The following options are not included in valuation: Clearcoatpaint Backup vehicles may be one year newer than the loss vehicle. Proper adjustments were made to reflect model, year and mileage differences for this valuation. Included in our backup are similar models to the loss vehicle. Proper adjustments were made for this valuation. We have added the following standard options to the loss vehicle: Overdrive Notice: This valuation has been prepared in accordance with the pennsylvania Appraisal Act 31 PA Code Chapter 62. Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete, or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000. (C) Copyright 2002 CCC Information Services Inc. All rights reserved, The trade names and/or trademarks used herein are m.;-ned by their respective trademark owners. TER , ;. i- Ii:::":: CHARTER ONe . ,. "I'~ AUTO FINANCE 228 I':OS\ Moin Street, Ste. 300 RochasW, NY 1460~ December 27,2002 ERIE INSURANCE GROUP Attention: CHARLES STEINER Fax No.: 717-486-4056 Re: Customer: Account No.: Vehicle ID No.: Claim No.: BARBARA WRIGHT GABERT 0053379844 1 N4BU31 D9RC121367 010170653587-001 Dear Mr. Steiner: The purpose of this letter is to confirm that Charter One Auto Finance, Corp., will guarantee release of title / lien on the above. referenced vehicle upon receipt of a check in the amount of $5,330.00. This dollar amount may not pay the loan balance in full and does not release our customer(s) from their financial obligation for the remaining balance. Please forward paymenu as indicated b€Jow: REGULAR MAil: Charter One Auto Finance, Corp. Attention: Payoff Department P.O. Box 40440 Rochester, NY 14604 OVERNIGHT MAil ONLY: Charter One Auto Finance, Corp. Attention: Payoff Department 218 E<3st Main Street, Suite 300 Rochester, NY 14604 WE ALSO REQUIRE THAT yOU PROVIDE US WITH TUE ADDRESS TO WHICH mE TITLE Is TO BE MAILED. If NO MAIJ..ING ADD~SS IS PROVIDED THE TITlE WILL BE MAlLED TO TH!:: ADDRESS AS IT APPEARS ON YOUR. CHECK. If you require further assistance, please contact us at (800) 247-5685. amm ..." %/1.7/2004 07:58 Claims Management System Check Print CSPP032B Page: 6 Req: JACOBS ,D ---------------------------------------------------.---------------------------- CHECK NO 05886434 CMS NO E8E:6434 DATE 01/03/2003 Pay FOuK HUNDRED AND 00/100 To The Order of For $$$$$$$$400.00 CENTRAL PENN SALES LLC PO BOX 397 YORK HAVEN, PA 17370 0397 Oper-ator 35NBORGESON Loss Date 12/18/2002 Claim 010170653587 Tax Id No 2330651010 ADVANCE CHARGES # 00405586 COLLISION C Cashed 01/10/2003 ~~----------------------------------------------------------------------------- CHECK NO 05829100 Pay ONE HUNDRED FORTY AND 00/100 To The Order of For CMS NO E829100 DATE 12/30/2002 PENRAC INC. DBA ENTERPRISE RENT-A-CAR 3 CROSSGATE DR STE 201 MECHANICSBURG, PA 17050 2459 $$$$$$$$140,00 Operator 23KMEADOWCR Loss Date 12/18/2002 Claim 010170653587 Tax Id No 5216906650 57MA-001226 INV# D171483 TRANSPORTATION EXPENSE Cashed 01/06/2003 C !.. EXHIBIT " '-' w B ~ ~ t) -" ~ " 06/17/2004 07:58 Claims Management System Check Print CSPP032B Page: 1 Req: JACOBS ,D ------------------------------------------------------------------------------- CHECK NO 06531707 CMS NO F531707 DATE 06/13/2003 Pay FIFTY-THREE AND 37/100 To The Order of BARBARA W GABERT 24 S 5TH STREET NEWPORT PA 17074-1006 $$$$$$$$$53.37 Operator 2 IlRIGGS Loss Date 12/18/2002 Claim 010170653587 Tax Id No For PARTIAL PAYMENT UNINSURED MOTORIST COVERAGE REIMBURSEMENT FOR GLOVES AND HANDBAG C Cashed 06/25/2003 . , '" ( I ....,............. ,Vl,.(/,,~ ___..........,. . v , fI f..d( boP-- 3M?.) " G~{ lad'\. ." '" "'--""'-'''"'.,.:;--~ -.--' .,_.. '", .... ......., ..-- ". .-- 4k-r~ r~' ItA. ~ I()-/f'-' , '..,'. .... J Q; Ms a.bara Wright Gabert 24 South 5th Sl I'ieWport,. PA 17074,.1006. ....,..... c,' ,....-- ..--- '.. HARRISBURG JUN 03 1003 .. :}21(\ G0 O(~S ;J-CJ. q/} f}r/0 j, [- 0 fey ('5, J7 Me!, - -~ --------------- id' . MILlER& SAIVIS TOWING , , 6980 Wertzville Road Enola, Pennsylvania 1}025 l)aY Phone (717) 691-9972 NightPhclne (717) 582-7757 , DATE I"'" - . A MI REOUES1.\\ 2i<- \''>-" ~-~, ' 'P:M:~' €!i-.I?{) LDCATJ(}N OFVEHICL.E ~~t_~"--~~~ "--:--------~'--THDNi~_=~~~-----_= ADDf";ESS -' Z/f' MILEAGE SERVICE TIME EXTRA PERSON FINISH FINISH FINISH START ," START START TOTAL TOTAL TOTAL y,," MA~Doalc~OR DRIVER. , \<>c",<l'-\t'.... STA.TE lIC.NQ. VEHlCU:: 1.0. NO. SPECIAL EQUiPMENT o SlINGIHOISTTOW o FLAT TIRE [] SINGLE LINE WINCHING [] WHEEL LIFT o OUT OF GAS [] DliAl LINE WINCHING o FLAT SEDIRAMP o WRECK [J SNATCH slOcKs [J SCOTCH BLOCKS o START o RECOVERY [] DOlLY [] LOCK OUT [] D v~~~go REMARKS MILEAGE CHARGE , ~ J~~'L\)~~0JI , -- -,.~'_'_.,,-,.'---'--~'-'-, ...".-."-..--, .........-"]'".--... TOWING CHARGE ,_?'1<; : 00 ...._..~>'_.um.___...,.~_.___..."__ "r- LABOR CHARGE , f--'----,-------,",---------- ......- , --, m""r--""';"-- STORAGE CHARGE n~ :00 o?l:.<So0tJ~'1- -__'~-_m_"T-"-"""- , :L.O,,,,,,,:\,__~_____ , ..~_.~---_......,.--.~. , , OPERATOR'S SlGNAlVR'E TOTAL 400 :00 ......,-.,.--~-rl' ~Q(:i ......"v '-J All1l-l0RlZED SIGNATURE tiJ-\.,n "Road Service \jl\N \}::; LUll) '"Duel''' f 9784 \ .-_"::;..J,."=' v,,\....""':I. i-L.t-UVl>:J/ t:!;UV - Automated Rental Management System Invoice Review/Approval Adj: POESCHL, NF~CY u C?FICS: -SR.Il1 017 Invoice: 5701 D171483 Inv Dt: 12/28/02 Claim#: 010170653587001 Rental: ENTERPRISE RENT-A-CAR 5523 CllliLISLE PIKE MECHANICSBURG 717-795-8500 Fed ID: 52-1690665 PA 170502451 Type: I Renter: GABERT BARBARA Rental start/End: 12/21/02 12/27/02 Bil1ing start/End: 12/21/02 12/27/02 Policy Daily: Max: Limits 20.00 900.00 Authorized Rate: .00 Days: 14 Pct: 100 % Authorized Qty 7 7 1 Limits Rate 24.49 2.00 8.00 280.00 Freq /DAY /DAY /PCT POLICY LIMIT Amount 171 .43 14 .00 13.71 Description DAYS @ TRANSTAX SALES TAX% Total Charges: F3~Exit 199.14 Amount Rcvd: 59.14- Total Due: F5~View Rental F11~Send to Adjustor Press <ENTER~ to Continue Bottom 140.00 F12~Previous )ate: 12/30/2002 Time: 9:13:43 AM 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: Sandra Crone c/o BJ Klemchefski 243 Dana Street Swoyersville, P A 18704 GOLD]lliRG KATZMAN, p.c. / ) ,/// , )g' //", I ~ i ~I ",' /.', ' B' \ .0". __ (Y--lo~~/ ~-M-GI\-b\:S . BRENNER, ESQUIRE Date: November 1,2005 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: Sandra Crone c/o B.J. I<Jemchefski 243 Dana Street Swoyersville, P A 18704 GOLDBERG KATZMAN, P.c. By: 1~ )A~. Thomas E. Brenner, Esquire Date: December 7, 2005 ,j " --<.. -~ DEC 1 4 2005 s ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plain tiff !(J) : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v, SANDRA CRONE, : ClVILACTION - LAW Defendant RULE /vi AND NOW, this J 5 day of December, 2005, Defendant Sandra Crone, is directed to show cause why damages should not be assessed on the Judgment. Rule returnable d'f) days from the date of service. J. Thomas E. Brenner, Esquire Goldberg Katzman, p,c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Erie Insurance Exchange, as subrogee of Barbara Gabert, by its attorneys, Goldberg Katzman, P,c., who aver: 1. This matter arises from the Defendant's negligence which caused a motor vehicle accident resulting in property damage to Plaintiff and payment of a claim by Erie Insurance Exchange in the amount of $5,926,37, 2. Plaintiff filed a Complaint on August 18, 2005 to which Defendant has not filed an answer, 3. Plaintiff served a Ten-Day Notice of Taking DefaultJudgment on or about September 20, 2005, 4. Plaintiff flied a Praecipe for Entry of Default Judgment on October 7, 2005, 5. Plaintiff served a Request for Admissions regarding the damages caused by Defendant's negligence on or about November 1, 2005, to which Defendant failed to respond. 6. Pursuant to Pa.R.CP. 4014(b), the Requests for 1'\dmission are deemed admitted, as a timely response has not been filed, 7. Based upon these admissions, Plaintiff flied a Motion to Assess Damages on December 12, 2005, (See Exhibit "A"). 8. On December 15, 2005, the Court directed the Defendant to show cause why damages should not be entered against her, (See Exhibit "B"). 9. Defendant has not responded to the Rule to Show Cause within twenty (20) days as ordered by the Court. WHEREFORE, Erie Insurance Exchange al sl 0 Barbara Gabert requests that the Court enter an Order Making the Rule Absolute, assessing damages against Defendant, Sandra Crone, in the amount of $5,926.37, together with the costs of suit. Date: January 25, 2006 G()LDB'EThG KATZMAN, P ,c. - ~ . , I \t/ ~y:4 ~~"V- -ThomasE. Brenner, Esquire >'\ttorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff 5, Plaintiff served a Request for Admissions regarding the damages caused by Defendant's negligence on or about November 1,2005, to which Defendant failed to respond. 6, Pursuant to Pa.R.C.P. 4014(b), the Requests for Admission are deemed admitted, as a timely response has not been flied. (See Exhibit "A"). 7. Based upon these admissions, Plaintiffs request that damages be assessed on the Judgment in the amount of $5,926.37. WHEREFORE, Erie Insurance Exchange a/ s /0 Barbara Gabert request that the Court enter a Rule upon Defendant, Sandra Crone, to show cause why damages should not be assessed on the Judgment against her in the amount of $5,926.37, together with the costs of suit. GOLDBERG KATZMAN, P.c. /~ B{L~ l!5,~ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiff Date: December 7, 2005 129080,1 Thomas E. Brenner, Esquire Goldberg Katzman, p.c PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for PLaintiff ERIE INSURAt'JCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant REOUEST FOR ADMISSIONS TO: Sandra Crone c/o B.J. Klemchefski 243 Dana Street Swoyersville, P A 18704 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 qualify his answer or deny only a part of the matter of which an admission is requested, ~ EXHIBIT co iA -" ~ '" 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 ill) D ~ /~)) ',/) ( 1'1/ , / );\ , 1 VI--: f!) " By: ~ ~L- (/='1C'M~ Thomas R Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717 -234-4161 Attorney for Plaintiff ~2/26/2002 AT 08:54 AM Keq: uALU~~ ,~ 020170653587001 . " " ERIE INSURANCE GROUP HARRISBURG OFFICE P.O., BOX 621 BOILING SPiUNGS,'l?A 17007-0621 (717) 486-8756 FAx:. (717) 486-4056 ESTIMATE ,OF RECORD WRITTEN BY: C. STEINER #152145 12/26/2002 08:24 AM ADJUSTER; c. STElNEI<- #152145 INSURED: BARBARA GABERT OWNER: BARBARA GABERT ADDRESS: 24,S 5TH STI<-EET NEWPOI<-T, PA17074-0000 EvENING: (717) 5'67-7278 CLAIM #010170653587001 POLICY #Q062306405 DATE OF LOSS: 12/18/2002 AT 06:50 ~Y1 TYPE OF LOSS: COLLISION POINT OF' IMPACT: 15. TO'I'AL LOSS INSPECT MILLER & SAMS TOWING LOCATION: 6487 CARLISLE PIKE MECHANICSBURG, PA 17055 REPAIR ZIMMERMANS AUTOMOTIVE SRVC. FACILITY: 2234 S.YORK STREET MECHANICSBURG, PA 17055 BUSINESS: (717)697-9972 DRIVE IN BUSINESS: (717) 766-7656 DAYS TO REPAIR LICENSE # 231857420 1994 NISS ALTIMA GXE 4-2.4L-FI 4D SED BEIGE INT:TAN VIN: 1N4BU31D9RC121367 LIC: PA PROD DATE: AIR CONDITIONING REAR DEFOGGER INTERMITTENT WIPERS TINTED GLASS DUAL MIRRORS CLEAR COAT PAINT POWER BRAKES POWER WINDOWS POWER MIRRORS AM RADIO STEREO CASSETTE DRIVER AIR BAG PASSENGER AIR BAG CLOTH SEATS BUCKET SEATS 5 SPEED TRANSMISSION ODOMETER: 5924 9 TILT WHEEL BODY SIDE MOLDINGS POWER STEERING POWER LOCKS FM RADIO SEARCH/SEEK POSITRACTION RECLINE/LOUNGE SEATS NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ---------------------~-------------------------------------~--~---------------- 1# *THIS IS A TOTAL LOSS VEHICLE* 1 2 INFORMATION LABELS 3 RPL INFORMATION LABELS 0.3 4 REPL VACUUM DIAGRAM 1 2.22 INCL. 5 REPL AIR BAG LABEL UNDER HOOD 1 6,39 INCL. 6 REPL CAUTION LABEL OIL 1 1.31 INCL. 7 REPL CAUTION LABEL RADIATOR CAP 1 1.95 INCL, 8 REPL CAUTION LABEL RADIATOR FAN 1 2.51 INCL. 9 REPL EMISSION LABEL MANUAL TRANS 1 2.49 INCL. FEDERAL 10 RECYCLED ASSEMBLIES 11* REPL USED LT 3/4 FT SHEET METAL * 1 2250.00* 6.5 10.2 +25% * 12 AIM HEADLAMPS 0,5 1 ~2/26/2002 AT 08:54 p~ NO. ESTIMATE OF RECORD 1994 NISS ALTIl'1A GXE4-2 .4L~FI. 4DSED BEIGE Key: u~~UDb ,0 010170653587001 INT: TAN OP. DESCRIPTION .. -------------------------------------------------- PAIN'T QTY EXT. PRICE,LABOR , , ----------------~-------------------------------------------------------------- M 1.4 13 14 15 16 17* 18, 19 20 21 22 23 24 25 26 27* 28 29 30 31 32 33 34 35 36 37 38 39# 40# AC SERVICE REFNEDGES R&1 INSULATOR REFN UNDERSIDE HOOD REPL USED LT 3/4 FT PART INR STRUCT +25% WINDSHIELD REPL GLASSNISSAN XE, GXE, SE RESTRAINT SYSTEMS REPL FRONT. SENSOR REPLAIR . BAG SENSOR ' ' . REPL DRIvER AIR BAG wlo CRUISE CONTROL TAN REPL PSNGR AIR BAG TAN REPL CONTROL MODULE FRONT DOOR REPL USED LT DOOR ASSY +25% OVERLAP 11AJOR ADJ. PANEL ADD FOR CLEAR COAT ADD FOR POWER UNITS REFN MIRROR R&I MIRROR R&I OUTSIDE HANDLE R&I WEATHERSTRIP R&I LOCK R&I MOLDING BELT REPL LT BODY SIDE MLDG OTHER CHARGES TOWING STORAGE 1.0 0.3 * 1 * INCL. * 8 . 0 * 1.6 2.0 1 328.46 1 79.72 1 238.10 1, 690.25 1 691.77 1 697.55 1 625.00* 1 68.07 3.5 M 0.,7 M M 1.0 M M 0.5 M M .1.0 .M M 1.3 M 1.6 3.2 -0.4 1.1 0.3 0.5 0.4 0.3 0.3 0.3 0.3 0,3 ------------------------------------------------------------------------------- 1 7 225.00 175.00 28.8 19,2 ------------------------------------------------------------------------------- SUBTOTALS ==> 6085.79 ESTIMATE NOTES: USED PARTS FROM: AUMILLERS AUTO PARTS, CONTACT CARL @ PH #800-692-7463 PARTS BODY LABOR PAINT LABOR MECHANICAL LABOR PAINT SUPPLIES OTHER CHARGES 24.3 HRS 19 . 2 HRS 4.5 HRS SUBTOTAL SALES TAX @$ 38, OO/HR @$ 38.00/HR @$ 48. 00 /HR 5685.79 923.40 729.60 216.00 350.00 400.00 2 $ 8304.79 $ 7904.79 @ 6.0000% 474.29 '.2/26/2002 AT 08:54 1\11 ESTIMATE OF RECORD 1994 NISS ALTIlf~ GXE 4-2.4L-FI 4D SED BEIGEINT:TAN ~~~: U~~VP~ {~ 010170653587001 . - . . . , - . . ~-~~----------~~--------~'-~-----~---~---~-----------'- TOTAL COST OF REPAIRS AD.mSTMEN-TS ; DEDUCTIBLE $ 8779.08 500.00 TOTAL ADJUSTMENTS NET COST OF REPAIRS $ 500,00 $ 8279.08 THIS IS NOT AN AUTHORIZATION TO REPAIR. THE VEHICLE OWNER MUST AUTHORIZE ALL REPAIRS. ERIE INSURANCE RESERVES THE RIGHT TO REINSPECT ALL SUPPLEMENTS BEFORE PAYMEN, T rs MAD, Er COSTS ABOVE c THE APPRAISED AMOUNT" MAY BE THE RESPONSIBILITY OF THE VEHIcLE OWNER. 'THERE IS NO REQtJrREMENT TO USE ANY SPECI];'IED REPA1R SHOP. IN~ORMATION REGARDING REPAIR FACILITIES WHICH WILL BEABLE,TO REPAIR THE VEHICLE FOR THE APPAAISED AMOUNT MAY BE AVAILABLE FROM ER1E INSURANCE ON REQUEST. , ' . ., . .' - . ABBREVIATIONS' wHICH MAY HAVE BEEN USED IN THIS APPRAISAL ARE DEFINED AS FOLLOWS: D =' DISCONTINUED PART, A = APPROXIMATE PRICE, B = BODY LABOR, D DIAGNOSTIC, E = ELECTRICAL, F = FRAME, G= GLASS, M = MECHANICAL, P = PAINT Ll'.BOR, S= STRUCTURAL, T = TAXED MISCELLANEOUS, X = NON TAXED MISCELLANEOUS, ADJ =' ADJACENT, A = ALIGN, A/M = AFTERMARKET, BLND = BLEND, CAPA = CERTIFIED Au~O PARTS ASSOCIATION, D&R = DISCONNECT AND RECONNECT, EST = ESTIMATE, EXT. PRICE = UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL = INCLUDED, MISC = MISCELLANEOUS, NON - ADJ = NON ADJACENT, O/H = OVERHAUL, OP. = OPERATION, NO. = LINE NUMBER, QTY = QUANTITY, QUALRECY = QUALITY RECYCLED PART, QUAL REPL = QUALITY REPLACEMENT PART, RECONb = RECONDITION, REFN = REFINISH, REPL = REPLACE, R&I = REMOvE AND INSTALL, R&R = REMOVE AND REPLACE, RPR = REPAIR, RT = RIGHT, SECT = SECTION, SUBL = SUBLET, USED = RECYCLED PARTS OF LIKE KIND AND QUALITY, OR BETTER, E.P.C. = ENVIRONMENTAL PROTECTION CHARGE, LT = LEFT, W/O = WITHOUT, W/ = WITH/, # = MANUEL LINE ENTRY, * = OTHER [ I.E., MOTORS DATABASE INFORMATION WAS CHANGED], ** = DATABASE LINE WITH AFTERMARKET PART INCLUDED , N= NOTES ATTACHED TO LINE. 3 ESTIMATE OF RECORD 1994 NISS ALTlMA GXE 4-2.4L-FI 4D SED BEIGE, INT:TAN J.\.'-'-:i. .....~ ~......~~~ 1- 010170653587001 ~2/26/2002 AT 08:54 FJ1 ~NfPERSON WHO KNOWINGLY ANDWITH'INTENT TO DEFRAUD FJi{ INSuRANcE COMPAl~ OR OTHER PERSON FILES F~ APPLICATION FOR INSURANCE OR STATEMENT, OF CLAIM COl'JTAINING Al~.MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF \HSLEADING, , INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL .~~ CIVIL PENALTIES. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO' DESCRIBE WORK TO BE DON~OR PARTS TO BE REPAIRED OR REPLACED, D~DISCONTlNUED PART A~APPROXlMATE PRICEB=BODY LABOR D~DIAGNOSTIC E=ELECTRICAL F=FRAME G~GLASS M~MECHANlCAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUSADJ=ADJACENTALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIRDAuTOMOTlVE. PARTS AS SOCIlI.T ION "D&R=DISCONNECTAND RECONNECT EST~ESTIMATEEXT. PRICE~UN:tTPRICEMULTIPi.IED BY THE QUANTITY INCL=INCLUDED MISC~MISCELLANEOUS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATIONNO=LlNE l~ER QTY=QUANTITY QUAL RECY=QUALITy RECYCLED PART QUALREPL=QUALITY REPLACEMENT, PART RECOND=RECONDITIONRE:FN~REFINISil REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVEANDREPLACE RPR=REPAIR RT~RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHDUT wi =WITH/ ,#=MANUAL LINE ENTRY *=OTHER tIE..MOTORS DATABASE INFORMATION WAS CHANGEDI. **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS~NATIONAL AUTO GLASS SPECIFICATIONS. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE FBY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT MAY BE AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION! BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. ESTIr~TE CALCULATED USING A.PRESET USER THRESHOLD Al10UNT FOR THE PAINT AND MATERIAL COST. IF THIS ESTIMATE INDICATES USED PARTS WERE SPECIFIED, KIND AND QUALITY, OR BETTER. IF THIS ESTIMATE INDICATED CRASH PARTS WERE SPECIFIED, THESE REPLACEMENT PARTS ARE EQUIPMENT MANUFACTURERS. USUALLY, AFTERMARKET PARTS ARE OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. THEY A/M FROM USED ARE TO BE OF LIKE , AFTERMARKET NONORIGINAL ON THE EXTERIOR IF THIS APPRAISAL INDICATES IT INCLUDES AFTERMARKET CRASH PARTS, AND IF THE USE OF AFTERMARKET CRASH PART OR PARTS VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED, OR ANY OTHER PART; THE AFTERMARKET CRASH PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINING WARRANTY OF THE PART BEING REPLACED, PROVIDED BY THE PART MANUFACTURER AND ERIE INSURANCE. 4 ~--:l. - - , ~2/26/2002 AT 08: 54 JlJ'101017065358700'-- ESTIMATE OF RECORD 1994 NISS ALTlMA GXE 4-2.4L-FI 4D SED BEIGE' INT:TAN '. .-' . .-.. ESTIMATE. BASED ON MOTOR CRASH ESTIMATING GUIDE. 'UNLESS OTHERWISE NOTED ALL ITEl'1S ARE DERIVED FROM THE GUIDE ARF3789 DATABASE DATE 12/2002 AJ\lJ) THE PARTS "SELECTED,ARE OEM-PARTS,MAl-JUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT !,1.i".NUFACTURER. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE' PARTS JI.ND/ORLABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN HODIFIEDORMAY HAVE COME FROM AN ALTERNATE DATA SOURCE, NON-ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM OR QUAL REPL PARTS. USED PARTS ARE DESCRIBED As LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND PRICES ARE PROVIDED FROM NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN (#J' ITEMS INDICATE MANUAL ENTRIES. PAT~AYS~, A PRODUCT OF CCC INFORMATION SERVICES INC. 5 ~2/26/2002 AT 08:54 AN ESTIMATE OF RECORD 1994 NIBS ALTIMA GXE 4~2.4L-FI, 4D SED BEIGE , ,-. . -. ALTERNATE PARTS USAGE AFTERMARKEt PARTS' , . .- .' AFTERMARKET SELECTION METHOD: 010170653587001 INT : TlI.N AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 0 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 0 6 CCC ~~~~ U~~VDu---~ Erie Insurance Group Market Valuation Report 1'.djuster: Steiner 'Valuation Date; 12/24/2002 Owner; Barbara Gabert 24 S'5th Street Newport, PA, 17074 Appraiser; STEINER Report Reference Number: 30252474 Ciaim reference: 010170653587001 Loss InCident Date: 12/18/2002 Insured; Gabert A.ppr. license; 152145 ?olicy Number; Q062306405 Introduction Erie Insurance Group has conducted an appraisal of your 1994 Nissan Altima GXE4door Sedan located in Newport, 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 contain$;, the ,following sections;, Section Contents: Section Title; -----'-----'---------. -------------- ----------------~- ----------------- Vehicle', Valuation Summary Marltet 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 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: 30252474 {continued} 1994 NISS ALTIMA GXE =============~============ Vehicle Valuation Summary ========================== DESCRIPTION OPTION PENNSYLVAN1A LOCAL MARKET STATE VALUE VALUE $ 4,571.00 $ 4,268.00 + 772.00 + 772.00 Base value ** Odometer 59,249 Vehicle STD STD STD S'rD STD STD STD PREDOM STD STD STD STD STD STD PREDOM PREDOM PREDOM. PREDOM equipment: S5 - 5 Speed Transmission OD - Overdrive PO - positraction PS - Power Steering PB - Power Brakes PW - Power Windows PL - Power Locks PM - Power Mirrors At - Air Conditioning RD - Rear Defogger TW - Tilt IIlheel CS - Cloth Seats RL - Reclining/Lounge Seats BS - Bucket Seats DM - Dual Mirrors AM - AM Radio FM - FM Radio ST ~'Stereo CA - Cassette SE - Search/Seek 211.00 INCLUDED + 21. 00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED 211.00 INCLUDED + 21. 00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED ,INCLUDED INCLUDED INCLUDED i;;TD IW - Intermittent Wipers StD" TG - Tinted Glass STD AG - Air Bag STD RG - Passenger Air Bag ACV' prior to averaging' CCC,Valuation Amount condition adjustment amount INCLUDED INCLUDED INCLlJDED INCLUDED 5,153.00, INCLUDED INCLUDED INCLUDED INCLUDED $ 4,850.00 5,001.50 0.00 $ $ + Actual Cash Value Pre-tax amount Sales tax 6.00% Deductable $ 5,001.50 $ 5,001.50 + 300.09 500.00 Computerized value $ 4,801.59 , 'TheCCc. Vahiationamount ,is ,the aV",rageofthe local market value and PAstate value' or the lcissvehicle'; Thisamciunt includes mileage, packages" and all options. As such, proper adjustments have been made for all options which are present on the loss yehicle. The method used to gather fair ,market values on current year vehicles involves ,finding Valuation request: 30252474 (continued) 1994NISS ALTIMA GXE ====~=============== Vehicle Valuation Summary (continued) =============~====== 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: IN4BU31D9RC121367 Insurer Description VINguard Analysis Year !1ake Model 1994 Nissan Altima GXE BU31D 4d Sed 4-2.41-Fi 5 Speed Transmission Overdrive Restraints AIR BAGS (DRIvER+PASS.) Air Bags (Driver+Pass.) Odometer 59249 Note: 40% less than typical vehicle This vehicle was assembled in SMYRNA, TN ========================= VINguard VIN Vehicle History ======================== 1994 Nissan Altima BU31D 4d Sed 4-2,4l-Fi Body style Engine Trans VINguard has decoded this VIN without any errors. ISO Vehicle History: ISO response indicates no history for this VIN. =========================== Local !1arket Definition =========================== The local market value for your 1994 Nissan Altima GXE 4 Door Sedan was defined by ZIP code 17074 -- Newport, PA. Adjacent markets were also searched as secondary sources to locate comparable vehicles. Details of the specific , markets' searched fo'llow'. The State of Pennsylvania is composed of 8 distinct local markets. The following 1 local market was used in the preparation of this Market Valuation c:arrisburs, f>A - Priniary local market vehicle database: chduation request: 3025:2474 (continUed), 1994 NISS ALTIMA GXE .. ==~====~====~=~=~=~==Local Market Definition (continued) =~=~===~============= :In this market,CCC maintairis a database of'I,661 inspected dealer vehicles located at 24 dealerships, and 19,897 dealer advertised, and 9,182 ,privately ~dvertisedvehicles taken from 29 local papers or magazines. ,This local ::!atabase'also incllides'3,301 vehicle valuations researched' in the last 90 Clays. CCC searched all local vehicle databases in Pennsylvania to establish the statewide market value. The consolidated Pennsylvania database includes 19,787 inspected dealer vehicles located at 237 dealerships and 70,649 dealer advertised and 39,391 privately advertised vehicles taken from 165 local papers or magazines, ,The statewide,database also, includes' 19,751 valuations :i:-ecently coiripleted in the st'ate. ' ' From this 1 local market, comparable vehicles 'were selected based on the year, make, model, body style,and engine configuration of your vehicle. Adjustments Were made to'the value of each comparable vehicle to compensate for differences in year, model, body style, engine configuration, packages, options, and mileage. For your vehicle's Market Valuation Report, CCCidentified 6 advertised vehicles as most comparable to your vehicle, and used their values to determine the Local Market Value. Vehicles are determined to be comparable to the loss vehicle based on: * Nearness to the loss vehicle's primary sarage location * Similarity of model, equipment, and odometer * Precision of the data (inspected versus advertised) =========================== Valuation Methodology ==================~======== This Vehicle Market Value Report was prepared for Erie Insurance Group by CCC Information .services Inc. CCC has been preparing Market Valuation Reports for the insurance industry since 1981. CCC physically inspects vehicles for sale at vehicle dealerships in the local markets, and sUbscribes to local newspapers and automotive publications in these markets. CCC maintains vehicle databases containing these inspected dealership vehicles along with the dealer and private party advertised vehicle information. When Erie Insurance Group requests a Vehicle Market Value Report from CCC, they provide CCC the VIN (Vehicle Identification Number) of the loss vehicle. Decoding this VIN identifies the exact vehicle for which the local market value will be done. See the VINguard Vehicle Identification section. Erie Insurance Group also provides CCC the vehicle owner's zip code. This identifies the local market that will be used to determine the market value, See the Local Market Definition section. Valuation request: 30252474 (continued) 1994 NISS ALTIMA GXE Finally;'EriecInsurance Group provides CCC with the configuration of the loss vehicle including equipment, odometer, condition, maintenance, etc. This information is the starting point for determining the local market value. _'swg this information, CCC searches its databases to find corrLparable 'jehicles in the local market., Each vehicle is,compared to the loss vehicle, ~nd adjustments,.aremade for. differences in model, equipment, and odometer. Those vehicles,that .are deemed most comparable to ,the,loss vehicle are used 0':0 determine the,local market value. Seethe Local Market Definition section." -'\.fter the Adjusted,-Value'for each comparable vehicle is calculated (see ,the c.,ocal Market Comparable Vehicles,section),ccC calculates ,the Local Harket ValUe.'Thiscalculacion is aweighted'average, Using a weighted average a1:Lpws those vehicles most similar to, the loss' vehicle to contribute a g~~ater percentage to the Local Market Value than less similar vehicles. Fact6rs'that determine.similarity are: Nearness to the loss vehicle's primary garage location Equivalency of model, equipment, and odometer precision of the data (inspected Versus advertised) " " Using a Weighteci,average results in.moreaGGurate,local.market value as the -v-ehiGles'most siinilarahdclosest' to.the'l6ss vehicle coritribute mOre to the' market value than less ' similar, more distant vehicles. Pennsylvania Market Valu<,\tions are basedon the average of the local 1!1arket value. and the statewide market value. The ,methodology used to 'establish your market value is described below. The statewide market value is based on all Pennsylvania valuations for a comparably equipped 1994 NissanAltima GXE. =======~===~===============~== Vehicle Condition =~============================ Erie Insurance Group uses Condition Inspection Guidelines to determine the condition of key components of the loss vehicle. These guidelines are specific to geograPhic location, year, and vehicle type. The guidelines describe physical characteristics for each of the components_ Based on these guidelines, Erie InsuranGe Group determines the condition of the vehicle prior to the loss. Category Condition Adjustments MECHANICAL Engine Average private $0 Appraiser comment: MEETS CRITERIA Transmission Average private $0 Valuation request: 30252474 (continued) 1994 NISS ALTIMA GXE Category Condi tion Adjustments Appraiser comment: MEETS CRITERIA PAINT Average private $0 Appraiser comment: MEETS CRITERIA TIRES 'Front Tires Average ' private Appraiser comment: MEETS CRITERIA Rear Tires Average private $0 $0 ~DDraiser comment: MEETS CRITERIA 30DY/GLASS ,Average private. ~DPraiser comment: MEETS CRITERIA INTERIOR Average private ~ppraiser comment: MEETS CRITERIA $0 $0 ------- ~------ Tot~l Adjustments: $0 ------------------------------------------------------------------------------- * The Condition Inspection Guidelines provide information based on vehicle agejvehicle type, and geographic location. Your vehicle ,has been identified as being located in the Pennsylvania region as an older passenger car. ."'- ~. * The Concliti()n Inspection Guidelines', and ali'dol1ar acljustments;are determined by surveys, inspections, and interviews with dealerships across the United ,States. , . . , ' . " - ' ~--~-~-~----------~---~--~---------------------------'---------~----------------- =="'=="'==="''''='"='''=;:,''''''=== L~cal Market Comparable Vehicles ~=="'==="'=~='="'======~=== Valuation request: 30252474 (continued) 1994 NISS ALTlMA GXE ===========================~= Local Advertisements ============================ Phone/ Compared Source/Location/Year Model Odometer Date Price To Loss --------------------------------------- -------------- Harrisburg Patriot News (814) 542-9349 $ 4,500 Mount Union, PA. 40 Miles From NeWport 1994 Altima GXE 105,000 10/27/2002 York Sunday News (717) 266-4717 $ 3,200 Manchester, PA. 36 Miles From Newport 1995 Altima XE 12S,000 11/10/2002 Lancaster Sunday News (717) 278-2735 $ 3,500 Lancaster, PA. 53 Miles From Newport 1994 Altima GXE 117,000 10/20/2002 Auto Locator (717) 567-9622 $ 2,850 Newport, PA. , Less Than 1 Mile From Loss Location 1995 Altima XE unknown 12/13/2002 Harrisburg Patriot News (717) 243-9810 $ 3,500 Carlisle, PA. 19 Miles From Newport 1994 Altima XE unknown 11/10/2002 Harrisburg Patriot News (717) 243-4573 $ 3,800 Carlisle, PA. 19 Miles From, Newport 1994 Altima GXE unknown 10/13/2002 $ 5,328 $ 4,882 $ 4,819 $ 3,657 $ 4,860 $ 4,930 =====~=====================~ NHTSA Recall Notices =======~===================== The National Highway Traffic Safety Administration has issued 1 safety related recall notice that may apply to the above valued vehicle. For additional information or assistance, call CCC customer service at 1-800-621-8070 and follow the automated operator's instructions. Please use your valuation request number for reference. NHTSA ID: 94V035000 Issued: 02/14/1994 No. of vehicles: 206,000 Engine movement can be transmitted to the airflow meter/filter housing and support bracket;' which is' mounted-in -the, engine-air duct, causing the throttle cable housing to pullout of the cable guide. This may prevent the throttle from returning to the idle position when the gas If' this were to, occur while the vehicle is in motion,loss of throttle controlc6uld result in an acc:ident. .Nissan, .will reposition the throttle cable housing in the support bracket, to provide addi tional slack for engine movement. A rubber stopper will be clamped to the cable to, maintain the correct position for the cable at the support bracket. In addition, the throttle cable will be tested for pull ,out resistance from the guide in the event the Valuati'on :r-equest: 30252474 (continued) 1994NISS ALTlMAGXE =====~=~=======~====== NHTSA Recall Notices (Continued) ==============~====~=== cable was damaged. The throttle assembly will be replaced, if necessary. , System: Fuel; throttle linkages and control. Vehicle Description: Passenger vehicles. Note: If your vehicle is presented to an authorized dealer on an agreed uponservice date and the remedy is not provided within a reasonable time and freeof charge or the'remedy does not correct the defect,or,I1onc:ompliance, pleasecontact Nissan service at 1-310'- 532~3111 . 11.1 so, contact the Na t ional highwayt raff i c safety administration's auto safety hotline at 1-800"424-9393. ======================~= Appraisal and Valuation Notes =~====================== The loss vehicle 'has been valued as an older vehicle' in the Pennsylvania region with 40% less than average miles of 98;200. The following options are not included in valuation: Clearcoat,Paint Backup vehicles may be one year newer than the loss vehicle. Proper adjustments were made to reflect model, year and mileage differences for this valuation. Included in our backup are similar models to the loss vehicle. Proper adjustments were made for this valuation. We have added the following standard options to the loss vehicle: Overdrive Notice: This valuation has been prepared in accordance with the Pennsylvania Appraisal Act 31 PA Code Chapter 62. Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete, or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000. (C) Copyright 2002 CCC Information Services Inc. All rights reserved. The trade names and/or trademarks used herein are owned by their respective trademark owners. TER '--- .-= ~ . AUTO FINANCE 228 East Main Stree, St.. 3[}~ Roco"ter, NY 14604 December 27, 2002 ERIE INSURANCf GROUP Attention: CHARLES STEINER Fax No.: 717-486-4056 Re: Customer: Account No.: VehiclelD No.: Claim No.: BARBARA WRIGHT GABERT 0053319844 1 N4-BU31 D9RC121367 010170653587-001 Dear Mr. Steiner: The purpose of this letter is to confirm that Charter One Auto Finance, Corp., will guarantee release of title! lien on the above-referenced vehicle upon receipt of a check in the amount of $5,330.00. This dollar amount may not \)ay the loan balance in full and does not release our customer(s) from their financial obligation for the remaIning balance. Please fOlWard payments as indicated below: REGULAR. MAIL: Charter One Auto Finance, Corp. Attention: Payoff Department P.O. Box 40440 Rochester, NY 1 4604 OVERNIGHT MAIL oNl.Y: Charter One Auto Finance, Corp_ Attention: Payoff Department 228 East Main Street, Suite 300 Rochester, NY 14604 WF- ALSO RfQ.U1RE: THAT YOU PROVIDE US WITH THE ADDRESS TO WHICH mE TITLE IS TO BE MAILW. If NO MAILING ADDR.l>SS IS PROVII>fD THE TITlF; WILL BE MAllEI> TO THf A[)DR.J::SS AS IT APPEARS ON YOUR. CHtCK. If you require further assistance, please contact us at (800) 247-5685. 'f1'm "" 07:58 Check Print ------------ CHECK NO 05886434 Pay FOUK rtufIDRED FBD 00/100 To The Order of For CENTRJI.L PENN SALES LLC PO BOX 397 YORK HAVEN, PA 17370 0397 ADVANCE CHARGES # 00405586 COLLISION ----------- ------------ --------------- .t"'a~e: Req: JACOBS u ,D CMS NO E886434 DATE 01/03/2003 $$$$$$$$400.00 Loss Date 12/18/2002 Tax Id No 2330651010 C Cashed 01/10/2003 Operator 35NBORGESON Claim 010170653587 -------------------- ------------------ ------------------------------------------------------------------------------- CHECK NO 05829100 Pay ONE HUNDRED FORTY AND 00/100 To The Order of For PENRAC INC. DBA ENTERPRISE RENT-A-CAR 3 CROSSGATE DR STE 201 MECHANI CSBURG , PA 17050 2459 57n~-001226 INV# D171483 TRANSPORTATION EXPENSE CMS NO ES29100 DATE 12/30/2002 Operator 23KMEADOWCR Claim 010170653587 $$$$$$$$140,00 Loss Date 12/1S/2002 Tax Id No 5216906650 C Cashed 01/06/2003 ------------------------------------------------------------------------------- !, EXHIBIT ~ ~13 :, :#. 06/17/2004 07:58 claims Management System Check Print CSPP032B Page: 1 Req: JACOBS ,D ------------------------------------------------------------------------------- CHECK NO 06531707 Cl'1S NO F531707 DATE 06/13/2003 Pay FIFTY-THREE AND 37/100 $$$$$$$$$53.37 To The Order of BARBARA W GABERT 24 S 5TH STREET NEWPORT PA 17074-1006 Operator 2IIRIGGS Loss Date 12/18/2002 Claim 010170653587 Tax Id No For PARTIAL PAYMENT UNINSURED MOTORIST COVERAGE REIMBURSEMENT FOR GLOVES AND HANDBAG C Cashed 06/25/2003 U-e{ 0()a:5b'-l~ U"""--'f - -. - ....,-.:..,.,.,-~~,.,.... -'::"c ,-- .' .Wk'.~ir~' l~'~ IJ-/fl- i' ~ ~;,'.;" ! . -. . ", , , Ms _B~batili Wright Gabert 24 SoUth 5th Sl &'Wport, P^ 1 ?074~1()()G :~;"... f/-:;' ,:,~!'~. ,W i,;:.:j., ;: i: ",' :..: ~ ~ :t HARRISBURG JUN 03 '2003 . :Perf,60 'J-q. q-1 j, cf- 0 ('5 ' S 7 J;/c ( , Ofov-rS ~wf{ fey - i'" .- - .._---~._'._-_.- .>,.... "..-,.' --, ~'_.... -.- ^ ~ !. .,;.. - ,~. ...-", '~""',','" , . , , MllLER& SAMSTOWING , " 6980 Wertzville Road Enola, peimsylVania 17025 Q<ly Phone (717) 697-9972 , NightPh"ne (7il) 582-7757 DATE T""E ; " A.M, II\<OU<~\.<. \ '\..." ,~-(> 1- ,,' P.M,tl'\- ' 'f'h\1{) lOCATION OF VEt-!lCLf ""'~. Nf:M~~A"'-,'.' ;.: """ ~ PHONE e s" " , '.. ""tDO~SS . IJ1> " " , MILEAGE SERVICE TIME ',' EXTRA: PERSON , , , FINISH' FII"SH FINISH , START " START START , TOTAL , TOTAL TOTAL YEAR ~~~DaJccwR DRIVEl'! , ' \.<;"<;'<l'-~ , ST.e..TE L1C.ND. VEHIClE to. NO. " " , . SPECIAL EQUIPMENT o SlINGIHOIST TOW o FLATTIRE o SINGLE LINE WINCHING o WHEEL LIFT o OUT OF GAS o bUAL LINE WINCHING o FLAT BEDIRAMP o WRECK o SNATCH BLocks o SCOTCH BLOCKS o 8T ART o RECOVERY o DOLLY o LOCK OUT 0 0 VEHICLE "DW:~D '? \-..e REMARKS MfLEAGE CHAflGE , ~J~ J -_._------_.~--~'- _.__m.~ , ..._n_)_.____... TOWING CHARGE -_?'?oS".i,,~()- ~-_._~----_._- LABOR CHARGE I , " c't1\)<\~ftL( ----------. I .'- -_.......-..---.l-.-~-. SIORAGECHAFl(;E _J};>_~_2 ~""~~i- , llL"'~~__ , ------.--'.. I " I oP'El'M,TOR'S SIGNATURE '-\00 :00 ,.-:-'-".::::.3 ~Q~ TOTAL AUTHO~IZED SIGNA.1'URE 9784 tiKI'" "Road Service \J{1.~ 0;; 2.\iJ1 "ODut'''' F \ - --- ,--~C"-_._- .--J. - -~'-'--~"''-'1 "'~"--'"'-''-..... =:Ilvoice: .Inv Dt: [1 " ." '_alIlt'iT: 5701 D171483 12/28/02 010170653587001 Rental: ENTERPRISE RENT-A-C.~~ 5523 CAP~ISLE PIKE HEc-illl-1H CSBURG 717-795-8500 Fed ID: 52-1690665 PA 170502451 Type: I ?:.enter: GIU3ERT B1LRBARA Rental Start/End: 12/21/02 12/27/02 Billing Start/End: 12/21/02 12/27/02 policy Daily: l'1ax: Limits 20.00 900.00 Ituthorized Rate: .00 Days: 14 Pet: 100 'k Authorized Qty 7 7 1 Limits Rate 24.49 2.00 8.00 280.00 Freq /DAY /DAY /PCT POLICY LIMIT AmoUnt 171. 43 14.00 13.71 Description DAYS @ TRANSTAX SALES TAX'k Total Charges: F3~Exit 199.14 Amount Rcvd: 59.14- Total Due: F5~View Rental F1l~Send to Adjustor Press <ENTER> to Continue Bottom 140.00 F12~Previous late: 12/30/2002 Time: 9:13:43 AM . . 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: Sandra Crone c/o BJ. Klemchefski 243 Dana Street Swoyersville, P A 18704 GOLDJlli~G KATZMAN, P.c. / J //// ,/ ~~r ' k\ // '\ ). I .' '_. /0 '" ' B~: ,~. -- I&::::)I...H.~,~' ""f-M-GMA-$ ,BRENNER, ESQUIRE Date: November 1, 2005 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: Sandra Crone c/o B.J. Klemchefski 243 Dana Street Swoyersville, P A 18704 GOLDBERG KATZMAN, p,c. By: ~)!~ Thomas E. Brenner, Esquire Date: December 7,2005 ~ :-~ "::= ;.i:_I);;l':':10'iZii'f ......-r f 1 \j r,c,~ , 4 Z'JC5 -'.- ".' ERIE INSUR.c-\NCE EXCHANGE as subrogee ofBARBAR.c\ GABERT, Plaintiff iy7;-:^'. . , ( : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO" PENNSYLVANL\ : NO. 04-4807 v, SANDR.c\ CRONE, : CIVIL ACTION - LAW Defendant RULE ('" AND NOW, this /5 day of December, 2005, Defendant Sandra Crone, is directed to show cause why damages should not be assessed on the Judgment Rule returnable d'O days from the date of service, ~"'" By:rHE COURT) /r // l -/ ,,- '" J m ! EXHIBIT 13 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing Rule to Show Cause was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Sandra Crone c/o B.J. Klemchefski 243 Dana Street Swoyersville, PA 18704 GOLDBERG KATZMAN, P.c. By: '. \ ) / I'!(" I ., . j',) v" _'_'_ v __~.,_ ~__._.. Thomas E. Brenner, Esquire Date: January 25, 2006 '7 '('"1 C,.,j i f'./i;i ,'''' : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : NO. 04-4807 v, SANDRA CRONE, : CIVIL ACTION - LAW Defendant ORDER AND NOW, this J,.J day of F ~" 2006, based upon the Motion to Make Rule Absolute, this Court directs that damages in the amount of $5,926.37, together with the costs of suit, be awarded to Plaintiff Erie Insurance Exchange, as subrogee of Barbara Gabert, and against Defendant Sandra Crone, J. ('0.._ ',":-, ( , r' ~ \ .;. < \~" " ,,- ? ~, ~ " c ( " ;, c", ~.. f ~ > r-''.., '.",-.: 't \~: 'K;. , - "\ "i ; Z I :21 tiel z- 8J:l9GQZ A81/1C'::;\);'i1(;~;d :]Hl :10 :1;jUi::'-{H1H f - Thomas E. Brenner, Esquire Goldberg Katzman, p.e PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attomeys for Plaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant PRAECIPE Please enter Judgment against Defendant Sandra Crone in the amount of $5,926.37 pursuant to the Order issued by Judge Guido dated February 2, 2006. GOLDBERG KATZMAN, P.c. !!L-- By: Tomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: April 27, 2006 t . I (t r. "J 0- I:; - 'f ........L..... I.) . ~ ~ ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plain tiff : IN THE COURT OF COMMON PLEAS : CUi\1BERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LAW Defendant ORDER AND NOW, this ,-1 f' - 0 - . (7 dayof.fl..^Jl.r 0,2006, based upon the Motion to Make Rule Absolute, this Court directs that damages in the amount of $5,926.37, together with the costs of suit, be awarded to Plaintiff Erie Insurance Exchange, as subrogee of Barbara Gabert, and against Defendant Sandra Crone. J. 'r"l:7::1 ,~,~ r-n~i? i!""'''''~ , .-.,,' ,.. '.'...-...., j' ",.... ,I'll ~"'''''''''n.. . f,~ .~.,.~<J.t}t~{;~(I': wi~:,',,'i<Y..,f. ~\' ;,;';,.:.' ~,~, ~i~~ ~~~';~' ':,~. ~', ,; lJ , , ".... ~,'"".~ , "~.". "'~~;IOWIl' ~1 '''i".:.r.; tf.:'..o..roi .,;'~) ii.Ml_ ... ,,..,.',< ....."'... ~. r-.~.'_ ..i::,.....'.c .,. .~ V~I Ml '*~ ria ~~ ';7)Uf~ :{1~:;;~7. ~(. Froth .1tJ;t<l~ OOOllrt ( . - CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Sandra Crone c/o B.J. Klemchefski 243 Dana Street Swoyersville, P A 18704 GOLDBERG KATZMAN, P.c. //) ( ~ -.' --- By: Thomas E. Brenner, Esquire Date: April 27, 2006 S0~ ~ .j~ \.).I -..l -.J - +- C.J\ ~ ")b 'J. ~ ~ '^, , <.oN ~ ~ 0, c;: "....,...:. -;:.~ .::. .r .' -,-- \ v> /:;; :<::. () ..,\ :?-r) f~;tfj ;-. -, .~. , ' d..; --:'" > ~- ::- .- .' :):,\~!\ (. _.~, <.)1 -' <-:J ',",- Thomas E. Brenncr, Esquirc Goldberg Katzman, P.e. PO Box 1268 l-Iarrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as subrogee of BARBARA GABERT, Plaintiff : IN THE COURT OF CO:Mj\;ION PLEAS : CUMBERLAND CO., PENNSYLVANIA : NO. 04-4807 v. SANDRA CRONE, : CIVIL ACTION - LA\X1 Defendant AFFIDAVIT T, Angela .A. Runk, hereby affirm that the judgment in this matter is the result of a motor vehicle accident which occurred on December 18, 2002. Date: October 11, 2006 Sworn and subscribed to before me this .J.L day of October, 2006. ~J(}r1J- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen A. ClaI1<, NQtary Public Oily Of Harrisburg, Dauphin County Mi Commission ExpII'1IJJ1,Ine 28, 2010 Member, Pennsylvanl, ~~Q/l of Notaries ~ ~ . -p ~ % t- "Q ~ - ~ P- ~ ~ \ -t C' :D t; e t=- o- _