Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
13-2616
ri-- Supreme Co " Pea nsylvania C ol ur Of +COInItl0 leas For Prothonotary Use Only: Tj C° iIYC per "Sheet nu Docket No: `rT County — ,Lffl ,� p The information collected on this form is used solely for court administration purposes. This form does - not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons © Petition ® Transfer from Another Jurisdiction Declaration of Taking E C Lead laint' s Name: Lead Defend is Name: T I Are money damages requested? Yes No Dollar Amount Requested: within arbitration limits (check one) rl outside arbitration limits U N Is this a Class Action Suit? ® Yes No Is this an MDJAppeal? 19 Yes ® No A Name of Plaintiff/Appellant's Attorney: , Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment Motor Vehicle 0 Debt Collection: Other ® Board of Elections Nuisance Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S Product Liability (does not include [3 Employment Dispute: E mass tort) ® Slander/Libel/ Defamation Discrimination ® C ® Other: Employment Dispute: Other Q Zoning Board T Other: 1 [3 Other: O MASS TORT ®J Asbestos N ® Tobacco ® Toxic Tort -DES ® Toxic Tort Implant REA PROPERTY MISCELLANEOUS ® Toxic Waste U Ejectment Other: � Ejectment Law /Statutory Arbitration B [3 Eminent Domain /Condemnation Declaratory Judgment J Ground Rent Mandamus Landlord/Tenant Dispute J Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial Qu o Warranto ® Dental Q Partition Replevin rl Legal ® Quiet Title Other: 0 Medical [3 Other: © Other Professional: COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. a-6 1 CJ'4 NOTICE OF APPEAL Cilek 5 OYL- Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. N E OF MDJ ADDRESS OF APPELLANT C STATE ZIP CO r DAT JUDGMENT IN THE CASE OF Plaln q VS DOCKET No. SIGNATURE OF AP LLANT OR ATTORNEY OR AGENT Y'Y'v - ( . - )9 , 303 - - o13 &A This bock will be signed ONLY when this notation is required under Pa. I appellan la' ant ee Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before agisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dat of the mailing. VINVA tASNI Date: 20 AiNnoo ONVU38KIIJ Rd r_ Signature of Prothonotary or Deputy OC "-Z Rd 6 A yy�$W ff G'0Z YOU MUST INCLUDE A COPY OF THE )ffljl t�fi �J M� FORM WITH THIS NOTICE OF APPEAL. � � ` ` i do1.4A0 - It AOPC 312 -05 003 30 IGt � 0-f,�90 37� COMMONWEALTH OF PENNSYLVANIA Notice Of Judgmefltiffranscript Civil COUNTY OF CUMBERLAND Case Cathy D Burgett Mag• Dist. No: MDJ- 09 -3 -03 V MDJ Name: Honorable Susari K. Day Merle R Witter Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717 486 -7672 Cathy D Burgett Docket No: MJ- 09303 -CV- 0000 -2013 411 N Baltimore Ave Case Filed: 1/31/2013 Mount Holly Springs, PA 17065 Disposition Details Disposition Summary Disposition Disposition Date la ti Defendant 04/11/2013 Docke No �- Merle R Witter Judgment for Defendant MJ- 09303 -CV -0000010 -2013 Cathy D Burgett ANY PARTY HAS THE RIGHT TO APPEAL WITHIN ON PLEAS, CIVIL H DIVISION. O YOU MUST INCLUDE A COPY I OF O TH S THE PROTHONOTARYICLERK OF COURT OF COM JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHER NTER THE J T E COMMON PLEAS, ALL FURTHER I I PROCESS MUST COME FROM THE HOLDER ELECTS TO EN COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. AY FILE A UNLESS THE JUDGME SATISFACTION WITH THE MAGISTERI CO DI TT RICT JUDGE IF ANY JUDGMENT DEBTOR PAYS N SETTLES, REQUEST FOR ENTRY OF OR OTHERWISE COMPLIES WITH THE JUDGMENT. t h Date Magisterial District Judge Susan K. Day certi t at t is is a true an correct copy o t e recur o t e procee rags containing t e Iu gment. - _Date -- —.— - -- MagisteriaFflistrict�ndge ` Page 1 of 2 Printed: 04/1112013 3:03:05PM 111 MDJS 315 . i Cathy D Burgett bucket too: -6MJ - 09303- CV- Q0�00�01tJ13 V. Merle R Witter _v;�t'\ \ r�•�� � Q"'�. �r�� � -c(� �' �,}`�•�S� „r Participant List Private(s) Laurie B. Tilghman, Es q. Twanda Turnker Hawkins Law Ofc [� � 7535 Windsor Dr Allentown, PA 18195 -1032 4 I Plaintiff(s) Cathy D Burgett _ 411 N Blti A ..-amore ve•- _ _ � ,.,_ , _r�.. _ .;,. ._ . - --•__ _ ._....�.. ._,- _...,.__.Ra ._ Mount Holly Springs, PA 17065 µ Defendant(s) Merle R Witter 506 S.Market Street Mechanicsburg, PA 17055 . ;.. E P MDJS 315 Page 2 of 2 Printed: 04/11/2013 3:03:05PM Postal Service,. CERTIFIED MAIL,. RECEIPT .. ::, . .., m ' ICE nE+ aI�se"� � �5� A L � �•� t`- THE PRo Postage $ $0.46 0065 co nn t a Carded Fee $3.10 118 2UI (�A!�/ p 2 0 1'H 1: rq 37 C3 Ratum Receipt Fee Postmark CUMBERLAND COUNTY C3 (Endorsement Required) $2.55 Here PENNSYLVANIA Restricted Delivery Fee p (Endorsement Required) $0.00 Ln � Totat Postage&Fees $ $6.11 05/13/2013 Sent 7o ` C33`6W; Ao:; --_\............. ................---....... r%- or PO Box No. City,State,ZlP+� I v_ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF_ A� If ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served ❑ a copy of the Notice of Appeal,Common Pleas No. ,upon the Magisterial District Judge designated therein on (date of service)^—1 l ,20 by personal service ❑ by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name) ,on T- 20 —]by personal service® by(certified)(registered)mail, sender's receipt attached hereto. (SWORN) FFIRMED���,,QQND SUBSCRIBED BEFORE ME Tl' 5XAY0Ffr�,20 Si nature of official eforP wh a>i!daw was made *Signe Cant Prothonotary Cumberland County,Cartisirt,PA. 'KAy Comnslssion Expires the First Monday of 1at301-'. Title of official My commission expires on ,20 AOPC 312A-05 Mount Hol l y-Sii i ergs - MOUNT HOLLY .SPRINGS. PannsZlvania 17065999$ 05/13/2013 4(BOW-275-5 877077 03:36:19 PM Product ct Sales Receipt Descri tion Sale Unit Final p Qty Price Price MECHANICSBURG PA 17055 $0.46 Zone-1 First-Class Letter 0.30 oz. Expected Delivery: Tue 05/14/13 Return Ropt (Green Card) $2.55 111 Certified $3.10 Label 0: 70111150000189116437 Issue PVI: $6.11 Total: $6.11 Paid by: Cash $6.11 $5 For tracking or inquiries go to USPS.com-or call 1-800-222-1811. Order stamps at usps.com/shop or call 1.-800-Stamp24. to Go to usps.com/clicknship ,print shipping labels with postage. 'For . other information call 1-800-ASK-USPS. �.�Rn�xesrrrrrtrcrcrwrcr:rxr�rrrcxx�xrrxsrrx��xxt ' xx�xxxrxrr�xrrrxrrxrrrrrrrxxrrrrx�c:r*xrxrcrrr Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. nxxrxr�`�trxrrrarxrxxxvcarrrx•rwr�rrrc�rxr�rrxrrrrc • - �rxrrxr�rr�r:e:rrr�x�rrrrcr�rxxsrrxrrx�rrc�rrrrrrrxrxx ' Bill#: 1000302490395 Clerk: 08 All sales final on stamps and postage Refunds for guaranteed services only r' Thank you for your business �kr�rrrcrxtrksx�rxrc:r�cx�rrrxxxrcrcrrckr�cxrxtrsrar "•f � 5,; _ :'f `'='��r: �� irrr�rrrrrx rr rsr �rxxrxr�xxxrcrxearxsrirzxrstxx tar�csr for,Nt':.. ,.s. > w._;•''t HELP US SERVE YOU BETTER � �' '•``:�.•„�•�.r•, .� � Go to: https://Postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS rrrsrxsrrrrrrr�xrxsr�xtrrrrx******�'*****�crxrxrxr�r • xwrrxrr�x*xrrrrxrrrxrrxrcrrx�*xx�rxxxrrrrn�rxr Customer- Copy ENZ0241321.1- LAW OFFICES OF TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Marle R. Witter Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: 610-398-5492 "1.1 CATHY D. BURGETT, -s COURT OF COMMON PLEAS ..,�:3; Plaintiff OF CUMBERLAND COUNTYr°'n r=- =7) vs. NO. 13-2616 w c MARLE R WITTER, Defendant ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Marle R. Witter in reference to the above captioned case. i AURIE B. TILG•MAN, ESQ. Attorney for Defendant Marle R. Witter I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX)Regular First Class Mail June 7, 2013 ENZ0241321.1- LAW OFFICES OF TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Marie R. Witter Identification No. 89936 Iron Run Corporate Center `_, 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 ..g 1 -a Telephone: 610-398-5492 Pi - T_7:7 -o r-r1 CATHY D. BURGETT, COURT OF COMMON PLEA; ca ' OF CUMBERLAND COUNTS 6 Plaintiff ›.c.) . r)-71 vs. NO. 13-2616 N ,' MARLE R WITTER, ; Defendant DEMAND AND PERFECTION FOR JURY TRIAL TO THE CLERK: Defendant, Marie R. Witter, DemandS a Jury Trial of twelve (12) in reference to the above captioned case. ovIMPIFW LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Marie R. Witter I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by: (XXX) Regular First Class Mail June 7, 2013 ENZ0241321.1- LAW OFFICES OF TWANDA TURNER-HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Marie R. Witter Identification No. 89936 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B r-) ; Allentown, PA 18195-1032 Telephone: 610-398-5492 m c- rri G -,0 r CATHY D. BURGETT, COURT OF COMMON PLEAS wr- v cAa Plaintiff OF CUMBERLAND COUNTY NO. 13-2616 = ?c vs. A C 4 MARLE R WITTER, Defendant PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, Cathy D. Burgett, to file a Civil Action within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. �•tl l 4.40115171g1li"! LAURIE :. TIL t MAN, ES . Attorney for Defendant Marie R.Witter RULE TO FILE CIVIL ACTION AND NOW, day this 13 da of (,N► R , 2013, a Rule is hereby granted upon Plaintiff to file a Civil Action within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. ='•T .()NOTARY;` : _ Our File No. ENZ0241321.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Marle R. Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 C .Y .a CATHY D. BURGETT, COURT OF COMMON PLEAS rn m C OF CUMBERLAND COUNTY Plaintiff mr:" N VS. NO. 13-2616 ' �F MARLE R WITTER, C) CD rr Defendant CERTIFICATE OF SERVICE 1, Laurie B. Tilghman, Esquire, hereby certify that a time-stamped copy of the Rule to File Complaint was served June 20, 2013 by United States Mail, First Class,postage prepaid, upon: Cathy D Burgett,pro se 411 N Baltimore Ave Mount Holly Springs PA 17065 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant Marle R. Witter June 23, 2013 J7 LED-OF ICE u:�- i H POTHONOTAr{Y Cathy Burgett 2013 JUN 26 PM 2: 39 411 N Baltimore Ave. CUMBERLAND COUNTY Mt Holly Springs, PA 17065 PENNSYLVANIA RE: Burgett vs Witter Court Number: 13-2616 Your Honor, c©m1 On Jan. 2,2013 at approximately 7:17 pm, my family's quite time was shattered. Upon looking out my window, I saw a strangers'car parked where my car was once parked. My car was now in front of my neighbors home. After handling the crash and destruction of my car I went into my home. I immediately called the insurance company of the drunk driver that had just totaled my car. Encompass Insurance stated they "take full responsibility for this accident". I was also informed to rent a vehicle and to start shopping for a"new car". Despite my questions of how do I know what vehicle I can shop for I was told, by Encompass,that everything would be taken care of. I rented a car from Enterprise of Carlisle on Jan. 3, 2013. PENRAC, LLC is Enterprises parent company. On Friday, Jan. 4,2013,while speaking to the Encompasses appraiser. I was again informed that Encompass would be taking"full responsibility for this accident". And to enjoy the weekend while I shopped for a"new car". Enterprise account statement is Exhibit A Jan.7,brought a phone call from the appraiser, informing me that once we talked about a price for my car. `By state law,we only have to pay for your rental car for three more days". And"We will also only pay for three more days of the garage storage fees for your car". On Jan.18,2013, Encompass Insurance stopped.paying for my rental car. Before I had received the necessary paperwork from Encompass to start any process in my claim. A letter dated Jan. 25 arrived and it states, "we are in the process of investing your claim"And, "We need an additional 30 days to conclude our investigation". Further"within the next 30 days ...with our proposed resolution". Another letter arrives,dated Jan 29,restating what the Jan. 25 letter stated"We are in the process of investigating your claim", "we need an additional 30 days" and"... Within the next 30 days with our proposed resolution." Exhibits B and C. While Encompass was still investigating,processing my claim, and considering a resolution. I was driving a rental, as my car had been destroyed. Finally, on Feb. 22, I was able to return the rental to Enterprise. Over 30 days after Encompass stopped"assuming full responsibility for this accident". The amount quoted from the appraiser fell very very well below the cost of a new car. The quote did not even cover the cost of a used car. Therefore, I am unable to replace my car due to Encompasses lack of "assuming full responsibility"', Living in South Central Pa, residents experience varied weather seasons. When the humidity is low. Our skies are an intense shade of blue,thin wispy clouds are floating on a gentle breeze. Our car windows are lowered. While driving down a country road our breathing is relaxed.An odd feeling comes from our neck,we reach up to find out what is the cause. Insistence pain that brings tears to the drivers eyes follows. The driver's reaction to the pain is to jerk the steering wheel. At 2,700 pounds the car is now careening toward the edge of the road. First impact is a mail box. Second impact a fence. Stopped, finally the car has come to rest in a Koi pond. The above is An Accident A black Lexus,takes a female to attend her mandatory AA evening meeting for her DUI arrest. Leaving Carlisle the Lexus heads south. The driver turns left to enter an establishment for a beverage. Time passes the driver having his fill exits a parking lot and turns left. The driver is talking on his phone and suddenly impact into a parked car. The Lexus is stopped. January 2,2013 Merle Witter, already a deemed habitual offender by the courts,was the driver of that Lexus. He made the decision to drink again,to drive again,to destroy someones else's property. To leave another in debt and without the car the victim had purchased. The above is A Choice It was not my choice to be a victim of anothers negligence. It is not my choice to be left with a rental car bill of$1006.85 charged to my credit card. It is not my choice to destroy my car. PA gives many opportunities to drunk drivers to redeem themselves. Many times those drivers choose to continue on their own path.At times that path crashes into the innocent. We,the victims,are left without vehicles and in debt. Because, someone else made a negligent choice.Negligent persons need held to a standard of fully compensating victims for what they have destroyed . Hopefully then all .drunk drivers will think once more. And ask themselves if the consequences of satisfying a thirst is worth the cost of replacing their victims property. Please I am asking, no begging that Encompass is held to its full responsibility. And that I am awarded the fullest amount of compensation that is allowed by state law in this judgment. Respectfully Submitted this day by: Cathy Burgett Page I of I PENRAC,LLC,800 NORTH HANOVER ST,CARLISLE,PA 17013I538(717) 258-4495 RENTAL AGREEMENT REF# 748542, 497055 - RENTER BURGETT,CATHY SUMMARY OF CHARGES DATE&TIME OUT Charge Description Date !auantity Per Rate Total 01/0312013 03:42 PM TIME&DISTANCE 01/03-01/20 18 DAY $25.25 $45450 DATE&TIME IN TIME&DISTANCE 01Z21 -02/22 33 DAY $24.25 $800.25 02/22/2013 05:09 PM REFUELING CHARGE 01/03-02/22 4 GALLON $4.51 $18.04 BILLING CYCLE YOUNG DRIVER FEE(18-99) 01/03-02122 - - WAIVED CALENDAR DAY Subtotal: $1,272.79 Taxes&Surcharges VEH 03 2013 CHEV CRUZ 41LT PUBLIC TRANSPORTATION 01/03-01/22 20 DAY $2.00 $40.00 VIN#1G1PC5SB2D7125430 ASSISTANCE LIC#HPM8040 PENNSYLVANIA STATE SALES 01/03-02/22 6% $75.28 MILES DRIVEN 466 TAX VEHICLE RENTAL TAX 01/03-02/22 2% , $25.10 VEH#2 2012 NISN SENT 4DRS PUBLIC TRANSPORTATION 01/23-02/22 31 DAY $2.00 $62.00 VIN#3N1AB6AP7CL688134 ASSISTANCE , LIC#BZP2021 Total Charges: $1,475.17 MILES DRIVEN 128 Will-To/Deposits VEH#12012 FORD FUSI SE4 ENCOMPASS INS-READING** VIN#3FAHPOHA4CR273674 TIME&DISTANCE 01/03-01/18 16 DAY LIC#HYHO460 PENNSYLVANIA STATE 01/03-01/18 1 PERCENT 6% MILES DRIVEN 5451 SALES TAX PUBLIC TRANSPORTATION 01/03-01/18 16 DAY BILL TO ACCOUNT ASSISTANCE 01103-01/18 1 PERCENT 2% ENCOMPASS INS-READING** VEHICLE RENTAL TAX Subtotal: ($468.32) ATTN: DOLL,SANDRA ■ PO BOX 16203 Total Amount Due $0.00 READING,PA 196126203 CLAIM INFO PAYMENT tkFicilikAtiON 20241321-ON AMOUNT PAID TYPE CREDIT CARD NUMBER LOSS DATE: 01/02/2013 $1,006.85 Visa xxxx)=xxxxx7910 PENDING CLAIMANT SHOP: TOTAL LOSS PHONE: (999)999-9999 ATTN: TOTAL LOSS 2/22/2013 '��1- .. Encompass7 encompassinsurance.com Creating protection around you P.O.Box 16203,Reading,PA 19612 Kathleen Rifle Claims Representative Telephone (610)401-2316 (800)936-4203 x12316 January 25, 2013 Facsimile (866)254-5158 Internet kathleen.rittle@encompassins.com CATHY BURGETT , 411 N BALTIMORE AVE MOUNT HOLLY SPRINGS PA 17065 Our Claim Number:Z0241321 TK Date of Loss: 01/02/2013 __-- Claimant. Cathy Burgett Our Insured.Constance and Merle Witter Insuring Company. Encompass Indemnity Company Dear Cathy Burgett: We are in the process of investigating your claim. We need an additional 30 days to conclude our investigation. Receipt of the Pa certificate of salvage and the signed notorized Power of Attorney. We will respond to your claim within the next 30 days with our proposed resolution. If at that point we need additional time, we will notify you. In the meantime, if you have any questions or comments relative to this claim, please feel free to call me between 07:45 am to 04:30 pm (EST). Sincerely, KatVzen Rittfe CC: 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 the payment of a fine of up to$15,000. f-- - Encompass encompassinsurance.com Creating protection around you P.O.Box 16203,Reading,PA 19612 Krista Strause LPCS, FCLA \ Liability Assistant Telephone (610)401-2341 (800)936-4203 x12341 January 29, 2013 Facsimile (866)254-4887 Intemet kiista.strause @encompassins.com CATHY BURGETT 411 N BALTIMORE AVE MOUNT HOLLY SPRINGS PA 17065 Our Claim Number.-Z0241321 ON Date of Loss:0.1/0212013__ Claimant: Cathy Burgett Our Insured. Constance and Merle Witter Insuring Company. Encompass Indemnity Company Dear Cathy Burgett: We are in the process of investigating your claim. We need an additional 30 days to conclude our investigation. We are awaiting an invoice to pay from Enterprise for the rental portion of your claim. This notice is being sent in accordance with Chapter 146.6 of Pennsylvania Insurance Regulations.. We will respond to your claim within the next 30 days with our proposed resolution. If at that point we need additional time,we will notify you. In the meantime, if you have any questions or comments relative to this claim, please feel free to call me between 07:00 am to 4:00 pm (EST). Sincerely, 7l rista Strause LPCS,. FCLA CC: 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 the payment of a fine of up to$15,000. ENZ0241321.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Merle R. Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B `'� Allentown, PA 18195 - Telephone: (610) 398-5492 CATHY D. BURGETT, COURT OF COMMON PLEAS N b OF CUMBERLAND COUNTY Plaintiff NO. 13-2616 vs. =� MERLE R WITTER, Defendant NOTICE TO PLEAD TO: Cathy D. Burgett, Pro se Plaintiff 411 N Baltimore Ave Mount Holly Springs, PA 17065 YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), MERLE R. WITTER, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter DATED: < < ENZ0241321.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQ. Merle R. Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CATHY D. BURGETT, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO. 13-2616 MERLE R WITTER, Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant,Merle R. Witter,by and through the undersigned counsel, answer(s)the Plaintiff's Complaint, a copy of which is attached hereto, as follows: Paragraph 1: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 2: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 3: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained m the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 4: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 5: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 6: : DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained' in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs) Complaint. Said averments are therefore denied. Paragraph 7: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 8: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 9: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 10: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained; in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 11: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 12: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 13: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 14: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 15: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. WHEREFORE, Defendant, Merle R. Witter, demands Judgment in His favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 1. Accord and Satisfaction Plaintiff's claim is barred under the legal doctrine of Accord and Satisfaction. 2. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 3. Affirmative Defenses Answering Defendant reserves the right to assert at the time of trial any and all affirmative defenses revealed through discovery. WHEREFORE, Defendant, Merle R. Witter demands Judgment in His favor and against all parties. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter h ne 23, 2013 r� pl-?li 1 I�� t� I J\ C`:. �.. _� `�. 1 ✓ %1 l d � ill: !Hf Cathy Burgett 411 N Baltimore Ave. 2013 JUN 26 Phi 2: 39 Mt Holly Springs, PA 17065 DUMBERLAHD GOUNT ' RE: Burgett vs Witter PEN '5YLYAtI;A Court Number: 13-2616 Your Honor, LD On Jan. 2, 2013 at approximately 7:17 pm, my family's quite time was shattered. Upon looking out j my window, I saw a strangers' car parked where my car was once parked. My car was now in front of my neighbors home. After handling the crash and destruction of my car I went into my home. I immediately called the insurance company of the drunk driver that had just totaled my car. Encompass Insurance stated they "take full responsibility for this accident". I was also informed to rent a vehicle and to start shopping for a"new car". Despite my questions of how do I know what vehicle I can shop for I was told,by Encompass, that everything would be taken care of. I rented a car from Enterprise of Carlisle on Jan. 3, 2013. PENRAC, LLC is Enterprises parent `z company. On Friday,Jan. 4, 2013,while speaking to the Encompasses appraiser. I was again informed ✓✓ that Encompass would-be taking"full responsibility for this accident". And to enjoy the weekend while I shopped for a"new car". Enterprise account statement is Exhibit A Jan.7,brought a phone call from the appraiser, informing me that once we talked about a price for my C� car. "By state law,we only have to pay for your rental car for three more days". And"We will also only pay for three more days of the garage storage fees for your car". On Jan.18, 2013,Encompass Insurance stopped paying for my rental car. Before I had received the necessary paperwork from Encompass to start any process in my claim. A letter dated Jan. 25 arrived 5 and it states, "we are in the process of investing your claim"And, "We need an additional 30 days to conclude our investigation".Further" within the next 30 days....with our proposed resolution". Another letter arrives,dated Jan 29,restating what the Jan. 25 letter stated"We are in the process of investigating your claim", "we need an additional 30 days" and"... Within the next 30 days with our proposed resolution." Exhibits B and C. While Encompass was still investigating,processing my claim, and considering a resolution. I was driving a rental, as my car had been destroyed. Finally, on Feb. 22, 1 was able to return the rental to Enterprise. Over 30 days after Encompass stopped "assuming full responsibility for this accident". The amount quoted from the appraiser fell very very well below the cost of a new car. The quote did not even cover the cost of a used car. Therefore,I am unable to replace my car due to Encompasses lack of "assuming full responsibility". Living in South Central Pa, residents experience varied weather seasons. When the humidity is low. Our skies are an intense shade of blue, thin wispy clouds are floating on a gentle breeze. Our car windows are lowered. While driving down a country road our breathing is relaxed.An odd feeling comes from our neck,we reach up to find out what is the cause. Insistence pain that brings tears to the drivers eyes follows. The driver's reaction to the pain is to jerk the steering wheel. At 2,700 pounds the car is now careening toward the edge of the road. First impact is a mail box. Second impact a fence. Stopped, finally the car has come to rest in a Koi pond. The above is An Accident A black Lexus,takes a female to attend her mandatory AA evening meeting for her DUI arrest. Leaving Carlisle the Lexus heads south. The driver turns left to enter an establishment for a beverage. 10. Time passes the driver having his fill exits a parking lot and turns left. The driver is talking on his phone and suddenly impact into a parked car. The Lexus is stopped. January 2,2013 Merle Witter, already a deemed habitual offender by the courts,was the driver of that Lexus. He made the decision to drink again,to drive again,to destroy someones else's property. To leave another in debt and without the car the victim had purchased. 2 The above is A Choice It was not my choice to be a victim of anothers negligence. It is not my choice to be left with a rental 3 car bill of$1006.85 charged to my credit card. It is not my choice to destroy my car. PA gives many opportunities to drunk drivers to redeem themselves. Many times those drivers choose to continue on their own path.At times that path crashes into the innocent. We,the victims, are left without vehicles and in debt. Because, someone else made a negligent choice. Negligent persons need H held to a standard of fully compensating victims for what they have destroyed . Hopefully then all drunk drivers will think once more. And ask themselves if the consequences of satisfying a thirst is worth the cost of replacing their victims property. Please I am asking,no begging that Encompass is held to its full responsibility. And that I am awarded `�j, the fullest amount of compensation that is allowed by state law in this judgment. Respectfully Submitted this day by: Cathy Burgett i VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Merle R. Witter, and the facts set forth in the foregoing pleading are true and correct to the best of His knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unworn falsification to authorities. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter CERTIFICATE OF SERVICE I do hereby certify that on July 18, 2013 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter Our File No. ENZ0241321.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQUIRE Merle R. Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CATHY D. BURGETT, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PLAINTIFF NO. 13-2616 VS. MERLE R WITTER, DEFENDANT ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Merle R. Witter, in reference to the above- captioned case.. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. ENZ0241321.1- LAW OFFICES OF TWANDA TURNER- HAWKINS ATTORNEY FOR DEFENDANT LAURIE B. TILGHMAN, ESQUIRE Merle R. Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 CATHY D. BURGETT, COURT OF COMMON PLEAS OF COUNTY PLAINTIFF NO. 13-2616 VS. MERLE R WITTER, DEFENDANT DEMAND FOR JURY TRIAL TO THE CLERK: Defendant, Merle R. Witter, Demand(s) a Jury Trial of twelve (12) in reference to the above-captioned case. LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter I hereby certify that I have served a copy of this paper upon all other parties or their attorney'of record by regular First Class mail. August 11,2013 F!L L D-014 F I'�' Cathy Burgett 411 N Baltimore Ave. '� � ' i Mt. Holly Springs, PA 17065 CUMBERLAND COUNTY PENNSYLVANIA RE: Burgett vs Witter Court Number 13-2616 Complaint Your Honor, This is my response to Mr. Witter's legal counsel's, Ms Tilghman,recent letter. For fourteen paragraphs their response is the same. DENIED. Stating denied does not change the facts of the events that began on January 2, 2013. The second sentence states, "The averments contained in the corresponding paragraph of Plaintiffs Complaint are not directed to answering Defendants." "Answering defendants"an odd statement. I must be asked a question from the defendant to give an answer. No questions asked,therefore no answers are given. Ms Tilghman's further states, "... the defendant is without knowledge or information sufficient..." I object, also,to this part of the recent letter. Perhaps,Mr. Witter does not remember these events and facts from this,his seventh DUI. With a BAC of 0.272 he simply may not remember. But not only is Ms Tilghman his attorney, she also is an employee of the insurance company. If Mr. Witter does not have in his possession the needed information. Ms. Tilghman does have access to the records and therefore the information that Mr. Witter needs. Your Honor, again,I ask that I be awarded the fullest amount of compensation that is allowed by state law in my complaint. I attest to the best of my knowledge that the above facts and details are true. Respectfully Submitted by, Cath urgett I11c1 eni M HOLLY SPRINGS Incident#: Report 13-003 Officer. Ptlm.Jason M.Beltz Badge: 283 WEDNESDAY Dispatched. Assisting: Report Date: 1/2/2013 Time: 7:22 PM Incident Date:: 1/2/2013 rime:19:22 Location: 411 N BALTIMORE AVENUE Shift: 2 1/3/2013 Nature of Call: DRIVING UNDER THE INFLUENCE Complainant. COMM OF PA Phone#. Work#: Race: DOB: Age., Sex: Vehicle Involved. Make: LEXUS year. 2004 Model: Type: SW Color" BLACK Reg' DGF2908 State: PA Sticker. Value Stolen: Suspects/Perpetrators: Name Address WITTER,MERLE R 506 S MARKET STREET,MECHANICSBURG M White 4/27/1943 Irtnes IOthers: Name ' Address Type BURGETT,CATHY D 411 N.BALTIMORE AVE.,MT.HOLLY SPRINGS PA (717)486-3970 Victim Description of Incident: On 01102/2013, 1 was on duty in full uniform and driving a marked Patrol car when I was dispatched to 411 N Baltimore Avenue,for a traffic Accident with no injuries reported. I arrived on Scene and observed that a Black 2004 Lexus SUV, bearing Pa. Registration: DGF2908,here after referred to as Unit 1, had struck the rear of a 1996 Madza sedan, Bearing Pa. Registration: EJK1646, here after referred to as Unit 2. 1 met with the owner of unit 2,Cathy Burgett,who stated that she was inside the house when she heard a loud crash.Upon exiting the house she saw that unit 1 had struck her vehicle. Burgett stated that the driver was still in the vehicle and appeared to be uninjured. I checked Unit 1 and identified the driver as Merle Witter, by his Pa.Driver's license.Witter stated that he just ran off the roadway.As I spoke with Witter, his speech was slurred and I could detect a distinct odor of an alcoholic beverage emanating from Witter's Breath.Witter's eyes were bloodshot and glassy. 1 asked Witter if he had anything to drink.Witter stated that he had one beer. Witter also stated that he had just dropped off his Daughter at a drunk driving place(AA Meeting), but could not name where the place was located.Witter appeared to be confused and disheveled. I asked Witter to exit the vehicle and walk to the sidewalk.Witter walked with a staggered gait. At this time I had Witter perform a PBT.The Results showed 0.236.Witter was asked to remove his glasses and I attempted to Checked for HGN. Witter continued to turn his head during the test. I instructed him to keep his head still and follow with his eyes only.Witter then stopped complying with the test and just stared straight ahead.Witter's eyes did not pursue smoothly and I observed 2 clues. I attempted to Place Witter in the starting position for the Walk and turn.Witter could not follow simple directions and had to be reset several times.Witter could not keep his balance and started the test too soon.Witter walked nine steps down the line failing to walk on the line.Witter missing Heel-to-toe steps on all steps.Witter then turned without keeping his foot planted and walked 12 steps back.Witter made no attempt to walk in the fashion shown and no effort to walk on the line.6 clues were observed. Witter was shown the one leg stand.Witter raised his leg and lost his balance, raising his arms to balance and dropping his foot to keep from falling.Witter's test was stopped for his safety. I informed Witter that due to Observations, it was my opinion that he was under the influence of alcohol Page 1 of 2 n , Incident MT HOLLY SPRINGS lnddent#: Report 1 13-003 and/or drugs to a degree that rendered him incapable of safe driving. I informed him that he was under arrest for DUI. Witter was transported to Carlisle Regional Medical Center to have legal Blood Drawn.Witter was read the DL-26 Form,and He signed the consent portion. At 20:33,Lab Tech,David Dutrow,drew blood from Witter's right arm, Dutrow,sealed the blood and turned the kit over to me.The blood kit was then placed into evidence upon my return to the borough. Witter was then transported to Cumberland County Prison to be processed for DUI. Atlantic Diagnostic labortories results showed a Ethanol BAC of 0.272 Burgett came to the Police station and reported that the insurance company totaled her vehicle because of this accident and had to rent a vehicle because this was the only vehicle she owned. Officer's Signature Date I Page 2 of 2 October 2, 2013 c-, ,.,� (- -1 -0 c:., –i Cathy Burgett ni,a) c°-> ,rrs 411 N Baltimore Avenue :;-_ `4 —is Mt Holly Springs, PA 17065 2 c c • RE: Burgett vs Witter m c c c_ r> eD . Court Number 13-2616 I ' "11 Cri 4 Complaint -‹ Your Honor, Over thirty days have passed without a response from Encompass insurance regarding my letter dated August 11, 2013. As a single disabled mother in our current economy, finances are a huge challenge. The car that Merle Witter choose to destroy was fully paid for by me. The actions of Encompass Insurance, not assuming"full responsibly"and not paying fully for a rental car are unacceptable. An insurance company should not be allowed to make someone a victim,twice. Please your Honor,read my letters that have been submitted and decide in my favor. Our lives must be made whole again. I need to tell my little girl,who saw the accident,that things are ok now. I am asking that I be awarded the fullest amount of compensation that is allowed by state law in my complaint. I attest to the best of my knowledge that the above facts and details and all others previously submitted are true. Respectfully Sub 'tted by, 6 , po l Cath :urgett October 2, 2013, Cathy Burgett 411 N Baltimore Avenue Mt Holly Springs,PA 17065 RE: Burgett vs Witter Court Number 13-2616 Complaint Your Honor, Please review all documents that I have submitted regarding this case and issue your decision. Thank You, A 49 '/' Cat Burgett June 23, 2013 ` LEG-CrF10E THE PRCTnONOTA Cathy D Burgett 7E I3 N0Y 12 PM 2: 24 411 N Baltimore Ave. CUMBERLAND COUNTY Mt Holly Springs, PA 17065 PENNSYLVANIA vs Court Number: 13-2616 Merle R Witter 506 S Market St. Mechanicsburg, PA 17055 Motion Your Honor, On Jan. 2, 2013 at approximately 7:17 pm, my family's quite time was shattered. Upon looking out my window, I saw a strangers'car parked where my car was once parked. My car was now in front of my neighbors home. After handling the crash and destruction of my car I went into my home. I immediately called the insurance company of the drunk driver that had just totaled my car. Encompass Insurance stated they "take full responsibility for this accident". I was also informed to rent a vehicle and to start shopping for a"new car". Despite my questions of how do I know what vehicle I can shop for I was told, by Encompass,that everything would be taken care of. I rented a car from Enterprise of Carlisle on Jan. 3, 2013. PENRAC, LLC is Enterprises parent company. On Friday, Jan. 4, 2013, while speaking to the Encompasses appraiser. I was again informed that Encompass would be taking"full responsibility for this accident". And to enjoy the weekend while I shopped for a"new car". Enterprise account statement is Exhibit A Jan.7, brought a phone call from the appraiser, informing me that once we talked about a price for my car. `By state law,we only have to pay for your rental car for three more days". And"We will also only pay for three more days of the garage storage fees for your car". On Jan.18, 2013, Encompass Insurance stopped paying for my rental car. Before, I had received the necessary paperwork from Encompass to start any process in my claim. A letter dated Jan. 25 arrived and it states, "we are in the process of investing your claim"And, "We need an additional 30 days to conclude our investigation". Further"within the next 30 days ...with our proposed resolution". Another letter arrives, dated Jan 29, restating what the Jan. 25 letter stated"We are in the process of investigating your claim", "we need an additional 30 days" and "... Within the next 30 days with our proposed resolution." Exhibits B and C. While Encompass was still investigating,processing my claim, and considering a resolution. I was driving a rental, as my car had been destroyed. Finally, on Feb. 22, I was able to return the rental to Enterprise. Over 30 days after Encompass stopped"assuming full responsibility for this accident". The amount quoted from the appraiser fell very very well below the cost of a new car. The quote did not even cover the cost of a used car. Therefore, I am unable to replace my car due to Encompasses lack of "assuming full responsibility". Living in South Central Pa, residents experience varied weather seasons. When the humidity is low. Our skies are an intense shade of blue, thin wispy clouds are floating on a gentle breeze. Our car windows are lowered. While driving down a country road our breathing is relaxed.An odd feeling comes from our neck, we reach up to find out what is the cause. Insistence pain that brings tears to the drivers eyes follows. The driver's reaction to the pain is to jerk the steering wheel. At 2,700 pounds the car is now careening toward the edge of the road. First impact is a mail box. Second impact a fence. Stopped, finally the car has come to rest in a Koi pond. The above is An Accident A black Lexus, takes a female to attend her mandatory AA evening meeting for her DUI arrest. Leaving Carlisle the Lexus heads south. The driver turns left to enter an establishment for a beverage. Time passes the driver having his fill exits a parking lot and turns left. The driver is talking on his phone and suddenly impacts into a parked car. The Lexus is stopped. January 2, 2013 Merle Witter, already a deemed habitual offender by the courts, was the driver of that Lexus. He made the decision to drink again,to drive again,to destroy someones else's property. To leave another in debt and without the car the victim had purchased. The above is A Choice It was not my choice to be a victim of anothers negligence. It is not my choice to be left with a rental car bill of$1006.85 charged to my credit card. It is not my choice to destroy my car. PA gives many opportunities to drunk drivers to redeem themselves. Many times those drivers choose to continue on their own path.At times that path crashes into the innocent. We,the victims, are left without vehicles and in debt. Because, someone else made a negligent choice. Negligent persons need held to a standard of fully compensating victims for what they have destroyed . Hopefully,then all drunk drivers will think once more. And ask themselves if the consequences of satisfying a thirst is worth the cost of replacing their victims property. Please I am asking,no begging that Encompass is held to its full responsibility. And that I am awarded the fullest amount of compensation that is allowed by state law in this judgment. I attest to the best of my knowledge that the above facts and details are true. Respectfully Submitted this day by: 02; �3 &,y_att Page 1 of 1 PENRAC,LLC,800 NORTH HANOVER ST,CARLISLE, PA 170131538(717) 258-4495 ����� C /A RENTAL AGREEMENT REF# � T'� 748542 49705S RENTER BURGETT, CATHY SUMMARY OF CHARGES DATE&TIME OUT Charge Description Date Quantity Per Rate Total 01/03/2013 03:42 PM TIME&DISTANCE 01/03 -01/20 18 DAY $25.25 $454.50 DATE&TIME IN TIME&DISTANCE 01/21 -02/22 33 DAY $24.25 $800.25 02/22/2013 05:09 PM REFUELING CHARGE 01/03-02/22 4 GALLON $4.51 $18.04 BILLING CYCLE YOUNG DRIVER FEE(18-99) 01/03-02/22 WAIVED CALENDAR DAY Subtotal: $1,272.79 Taxes&Surcharges VEH#3 2013 CHEV CRUZ 41LT PUBLIC TRANSPORTATION VIN# 1G1PC5SB2D7125430 ASSISTANCE 01/03 01/22 20 DAY $2.00 $40.00 LIC# HPM8040 PENNSYLVANIA STATE SALES 01/03-02/22 6% $75.28 MILES DRIVEN 466 TAX VEHICLE RENTAL TAX 01/03 -02/22 2% $25.10 VEH#2 2012 NISN SENT 4DRS PUBLIC TRANSPORTATION 01/23 02/22 31 DAY $2.00 $62.00 VIN#3N1AB6AP7CL688134 ASSISTANCE LIC# BZP2021 Total Charges: $1,475.17 MILES DRIVEN 128 Bill-To/ Deposits VEH#1 2012 FORD FUSI SE4 ENCOMPASS INS-READING** VIN# 3FAHPOHA4CR273674 TIME&DISTANCE 01/03-01/18 16 DAY LIC# HYHO460 PENNSYLVANIA STATE 01/03-01/18 1 PERCENT 6% MILES DRIVEN 5451 SALES TAX PUBLIC TRANSPORTATION 01/03-01/18 16 DAY BILL TO ACCOUNT ASSISTANCE ENCOMPASS INS-READING** VEHICLE RENTAL TAX 01/03 -01/18 1 PERCENT 2% ATTN: DOLL,SANDRA Subtotal: ($468.32) PO BOX 16203 Total Amount Due $0.00 READING, PA 196126203 CLAIM INFO PAYMENT INFORMATION Z0241321-ON AMOUNT PAID TYPE CREDIT CARD NUMBER LOSS DATE: 01/02/2013 $1,006.85 Visa xxxxxxxxxxxx7910 PENDING CLAIMANT SHOP: TOTAL LOSS PHONE: (999)999-9999 ATTN: TOTAL LOSS 2/22/2013 t Encom pass- encom a ssinsurance.com ..5 Creating protection around you P.O.Box 16203,Reading,PA 19612 Kathleen Rittle Claims Representative Telephone (610)401-2316 (800)936-4203 x12316 January 25, 2013 Facsimile (866)254-5158 Internet kathleen.rittle@encompassins.com CATHY BURGETT 411 N BALTIMORE AVE MOUNT HOLLY SPRINGS PA 17065 Our C laim Number:Z0241321 TK Date of Loss: 01/02/2013 Claimant: Cathy Burgett Our Insured: Constance and Merle Witter Insuring Company: Encompass Indemnity Company Dear Cathy Burgett: (We are in the process of investigating your claim. We need an additional 30 days to conclude our investigation. eceipt of the Pa certificate of salvage and the signed notorized Power of Attorney. We will respond to your claim within the next 30 days with our proposed resolution. If at that point we need additional time, we will notify you. In the meantime, if you have any questions or comments relative to this claim, please feel free to call me between 07:45 am to 04:30 pm (EST). Sincerely, Kathleen Qittle CC: 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 the payment of a fine of up to$15,000. Encompass encornpassinsurance_com ..._.' Creating protection around you P.O.Box 16203,Reading,PA 19612 Krista Strause LPCS, FCLA Liability Assistant Telephone (610)401-2341 (800)936-4203 x12341 January 29, 2013 Facsimile (866)254-4887 • Internet krista.strause©encompassins.com CATHY BURGETT 411 N BALTIMORE AVE MOUNT HOLLY SPRINGS PA 17065 Our Claim Number:Z0241321 ON Date of Loss: 01/02/2013 Claimant: Cathy Burgett Our Insured: Constance and Merle Witter Insuring Company: Encompass Indemnity Company Dear Cathy Burgett: /We are in the process of investigating your claim. We need an additional 30 days to conclude our investigation. We are awaiting an invoice to pay from Enterprise for the rental portion of your claim. This notice is being sent in accordance with Chapter 146.6 of Pennsylvania Insurance Regulations.. We will respond to your claim within the next 30 days with our proposed resolution. If at that point we need additional time,we will notify you. In the meantime, if you have any questions or comments relative to this claim, please feel free to call me between 07:00 am to 4:00 pm (EST). Sincerely, Krista Strause LPCS, FCL54 CC: 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 the payment of a fine of up to$15,000. August 11, 2013 Cathy D Burgett vs Court Number 13-2616 Merle R Witter Motion Your Honor, This is my response to Mr. Witter's legal counsel's,Ms Tilghman,recent letter. For fourteen paragraphs their response is the same. DENIED. Stating denied does not change the facts of the events that began on January 2, 2013. The second sentence states,"The averments contained in the corresponding paragraph of Plaintiffs Complaint are not directed to answering Defendants." "Answering defendants" an odd statement. I must be asked a question from the defendant to give an answer. No questions asked,therefore no answers are given. Ms Tilghman's further states,"... the defendant is without knowledge or information sufficient..." I object, also,to this part of the recent letter. Perhaps,Mr. Witter does not remember these events and facts from this,his seventh DUI. With a BAC of 0.272 he simply may not remember. But not only is Ms Tilghman his attorney, she also is an employee of the insurance company. If Mr. Witter does not have in his possession the needed information. Ms. Tilghman does have access to the records and therefore the information that Mr. Witter needs. Your Honor, again, I ask that I be awarded the fullest amount of compensation that is allowed by state law in my complaint. I attest to the best of my knowledge that the above facts and details are true. Respectfully Submitted by, Cathy Burgett 15%/1 —, *iv Incident MT HOLLY SPRINGS Incident#: Report 13-003 officer Ptim.Jason M.Benz Badge: 283 WEDNESDAY Dispatched: Assisting: Report Date: 1/2/2013 Time: 7:22 PM Incident Date:: 1/2/2013 I Time:19:22 Location: 411 N BALTIMORE AVENUE Shift: 2 1/312013 Nature of Call: DRIVING UNDER THE INFLUENCE Complainant: COMM OF PA Phone#: Work#: Race: DOB: Age: Sex: Vehicle involved: Make: LEXUS Year: 20Q4 Model: Type: SW Color: BLACK Reg' DGF2908 State: PA Sticker: Value Stolen: Suspects/Perpetrators: I Name Address WITTER,MERLE R 506 S MARKET STREET,MECHANICSBURG M White 4/27/1943 Witness/Others: Name Address Type BURGETT,CATHY D 411 N.BALTIMORE AVE.,MT_HOLLY SPRINGS PA (717)486-3970 Victim Description of Incident On 0110212013,!was on duty in full uniform and driving a marked Patrol car when I was dispatched to 411 N Baltimore Avenue,for a traffic Accident with no injuries reported.I arrived on Scene and observed that a Black 2004 Lexus SUV,bearing Pa.Registration:DGF2908,here after referred to as Unit 1, had struck the rear of a 1996 Madza sedan,Bearing Pa. Registration: EJK1646,here after referred to as Unit 2. I met with the owner of unit 2,Cathy Burgett,who stated that she was inside the house when she heard a loud crash.Upon exiting the house she saw that unit 1 had struck her vehicle. Burgett stated that the driver was still in the vehicle and appeared to be uninjured. I checked Unit 1 and identified the driver as Merle Witter,by his Pa.Driver's license.Witter stated that he just ran off the roadway.As I spoke with Witter,his speech was slurred and I could detect a distinct odor of an alcoholic beverage emanating from Witter's Breath.Witter's eyes were bloodshot and glassy. I asked Witter if he had anything to drink.Witter stated that he had one beer. Witter also stated that he had just dropped off his Daughter at a drunk driving place(AA Meeting), but could not name where the place was located.Witter appeared to be confused and disheveled. I asked Witter to exit the vehicle and walk to the sidewalk.Witter walked with a staggered gait. At this time I had Witter perform a PBT.The Results showed 0.236.Witter was asked to remove his glasses and I attempted to Checked for HGN. Witter continued to turn his head during the test.I instructed him to keep his head still and follow with his eyes only.Witter then stopped complying with the test and just stared straight ahead.Witter's eyes did not pursue smoothly and I observed 2 clues. I attempted to Place Witter in the starting position for the Walk and turn.Witter could not follow simple directions and had to be reset several times.Witter could not keep his balance and started the test too soon.Witter walked nine steps down the line failing to walk on the line.Witter missing Heel-to-toe steps on all steps.Witter then turned without keeping his foot planted and walked 12 steps back.Witter made no attempt to walk in the fashion shown and no effort to walk on the line.6 clues were observed. Witter was shown the one leg stand.Witter raised his leg and lost his balance,raising his arms to balance and dropping his foot to keep from falling.Witter's test was stopped for his safety. I informed Witter that due to Observations, it was my opinion that he was under the influence of alcohol Page 1 of 2 Incident MT HOLLY SPRINGS Indent#: Report 13-003 and/or drugs to a degree that rendered him incapable of safe driving. I informed him that he was under arrest for DUI. Witter was transported to Carlisle Regional Medical Center to have legal Blood Drawn.Witter was read the DL 26 Form,and He signed the consent portion. At 20:33,Lab Tech,David Dutrow,drew blood from Witter's right arm, Dutrow,sealed the blood and turned the kit over to me.The blood kit was then placed into evidence upon my return to the borough. Witter was then transported to Cumberland County Prison to be processed for DUI. Atlantic Diagnostic labortories results showed a Ethanol BAC of 0.272 Burgett came to the Police station and reported that the insurance company totaled her vehicle because of this accident and had to rent a vehicle because this was the only vehicle she owned. Officer's Signature Date Page 2 of 2 November 7, 2013 Cathy Burgett vs Court Number 13-2616 Merle R Witter Motion Your Honor, Over fifty-five days have passed without a response from Encompass insurance regarding my letter dated August 11,2013. As a single disabled mother in our current economy, finances are a huge challenge. The car that Merle Witter choose to destroy was fully paid for by me. The actions of Encompass Insurance, not assuming"full responsibly"and not paying fully for a rental car are unacceptable. An insurance company should not be allowed to make someone a victim,twice. Our lives must be made whole again. I need to tell my little girl, who saw the accident,that things are alright now. I am asking that I be awarded the fullest amount of compensation that is allowed by state law in my complaint. The bills must be paid and another vehicle purchased. I attest to the best of my knowledge that the above facts and details are true. Respectfully Submitted by, C &i'91 Cathy Burgett November 7, 2013, Cathy D Burgett 411 N Baltimore Avenue Mt Holly Springs, PA 17065 vs Court Number 13-2616 Merle R Witter 506 S Market St Mechanicsburg, PA 17055 Motion Your Honor, Fact 1 Fifty five days have passed without a response from Mr. Witter's attorney. Fact 2 At no point has Mr. Witter,his attorney or Encompass Insurance offered me any settlement. Please, review all documents that I have submitted regarding this case. Please, award me the maximum amount permitted by state law. This document, as well as all others have been served to Mr. Witter's attorney. All facts and information within stated are correct and true to the best of my knowledge. Th. You, diA4.0517/ Ca 4 Burgett c: Laurie Tillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY NO. 13-2616 vs. _ MERLE R WfI-1'ER, Defendant -- MOTION FOR SUMMARY JUDGMENT/CERTIFICATION OF COUNS , L AND NOW, comes the Defendant(s), Merle R. Witter, by and through the undeigrfl Counsel, Laurie B. Tilghman, Esquire, and hereby moves the Court to enter an Order granting summary judgment in favor of Defendant and dismissing Plaintiff's Complaint, with prejudice. In support of this Motion, Defendant avers as follows: 1. The instant Civil Action arises out of a motor vehicle accident that occurred on January 2, 2013. Plaintiff is seeking payment for property damage caused to her vehicle as a result of the subject motor vehicle accident. This is the first motion to be decided by the Court regarding the within matter. 2. Plaintiff is pro se, and originally filed a Complaint in District Court 09-3-03 located at 229 Mill Street, PO Box 167, Mount Holly Springs, PA 17065. 3. The Honorable Susan K. Day adjudicated the matter on April 11, 2013. An award was entered in Defendant's favor. See, Exhibit A, copy of Municipal Court award. 4. Plaintiff subsequently filed an Appeal of Judge Day's Order, and filed a Complaint in the Cumberland County Court of Common Pleas. See, Exhibit B, copy of Appeal, and Exhibit C, copy of Plaintiff's Complaint. 5. On July 22, 2013, an Answer and New Matter was filed on behalf of Defendant. See, Exhibit D, copy of Defendant's Answer. 6. Defendant's New Matter Affirmative Defenses included the defense of Accord and Satisfaction. 7. On or about February 12, 2013, Encompass Insurance issued check # 102481114 in the amount of $1,195.50 made payable to Cathy Burgett for payment of property damage sustained to Ms. Burgett's vehicle as a result of the subject motor vehicle accident. See, Exhibit E,copy of settlement check issued to Plaintiff. 8. On February 22, 2013, Plaintiff cashed check # 102481114 from Encompass Insurance. Id. 9. In light of the foregoing, it is respectfully submitted that Plaintiff's Complaint must be dismissed, with prejudice, as resolution of this matter has already taken place by way of Plaintiff accepting and cashing the check rendered as payment for property damage caused to her vehicle as a result of the January 2, 2013, subject motor vehicle accident. WHEREFORE, Defendant respectfully requests the Court to enter an Order granting Summary Judgment in Defendant's favor and dismissing Plaintiff's Complaint, with prejudice. D4CL(ki\LO LAURIE B. TILGHMAN,ESQ. Attorney for Defendant(s) Merle R. Witter 2 ,0',..,-,,,-,4„r—,--,,....., - .•,.,, __ '''''''''',.,...a.,...,, A .e-rm )4kf-keL._ e-1 COMMONWEALTH OF PENNSYLVANIA ` Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND ; :ii t Case; om Mag.Dist. No: MDJ-08-3-03 Cathy D Burgett MDJ Name: Honorable Susan K.Day V. Address: 229 Mill Street Merle R Witter P.O. Box 167 Mount Holly Springs,PA 17065 Telephone: 717-486-7672 Laurie B. Tilghman, Esq. Docket No: MJ-09303-CV-0000010-2013 Twanda Turnker Hawkins Law Ofc Case Filed: 1/31/2013 7535 Windsor Dr Allentown, PA 18195-1032 A'pR F) 2013 Disposition Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000010-2013 Cathy D Burgett Merle R Witter Judgment for Defendant 04/11/2013 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Susan K.Day kar, I certify that this is a true and correct copy olli a record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:04/11/2013 3:03:05PM �___ �,�.� �,�,�.. -_ � s, _� ,��..� ,. -� � . ��. .. ~�. �� Cathy Burgett COMMONWEALTH OF PENNSYLVANIA 411 H Baltimore Aye. Mt Holly Spga,PA 17065.1604 COURT OF COMMON PLEAS NOTICE OF Al�r-z- =-. FROM Judicial District,County Of ,i2IL-6rld/7„/ MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /3 /6 CM I NOTICE OF APPEAL 4leL .s-9-13 SP- Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. T MDJ I �� &crn— —b -3 —03 hn 6 la ' i .10), k Da ADDRESS OF APPELLANT / STATE ZIP CO .A . . , ,. '— If ■ b A ' . ' t I i DAT JUDGMENT N THE CASE OF Rein: (Defendant) LI ii i - -ri, 13 DO T No. SIGNATURE OF AP LL OR ATTORNEY OR AGENT r -()93o3 - Air ')t b -ao I 3 This block will be signed ONLY when this notation is required under Pa. I appellan la nt ee Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No.1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before agisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case, within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)In action before Magisterial District Judge. IF NOT USED,detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s),to file a complaint in this appeal Name of appellees) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mall. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mall Is the da of the mailing. VIN\A1ASNH3d Date: .20 )d 11CC ONV1JJ Wfl3 Signature of Prothonotary or Deputy OE :2 Wd 6- AVW CIUZ YOU MUST INCLUDE A COPY OF THE,NQj kt QiCMENT/�I2ANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ,..,t H iL.o .1rt_ 73!.4j0-0.311:1 AOPC 312-05 $163,s-5 id: PI PP C4.Sk Rizt d-26373 �� _. . _ r � . � ;� - .- �� - s - � �.. CIrti6g4 J,me 23,2013 = ` ; .= = t- 777T5 - `i F i C= 'c` THE PRO NOs u R Cathy Burgett - - 411 N Baltimore Ave. 2013 JUN 26 PM 2: 3G Mt Holly Springs,PA 17065 - CUMBERLAND GOUNTY RE:Burgett vs Witter PENNSYLVANIA Court Number: 13-2616 Your Honor, _ _ 1, r C - v\k- \- On Jan.2,2013 at approximately 7:17 pm, my family's quite time was shattered. Upon looking out my window, I saw a strangers' car parked where my car was once parked.My car was now in front of my neighbors home. After handling the crash and destruction of my car I went into my home. I immediately called the 2. insurance company of the drunk driver that had just totaled my car. Encompass Insurance stated they "take full responsibility for this accident". I was also informed to rent a vehicle and to start shopping for a"new car". Despite my questions of how do I know what vehicle I can shop for I was told,by Encompass, that everything would be taken care of. I rented a car from Enterprise of Carlisle on Jan. 3,2013. PENRAC,LLC is Enterprises parent `Z company. On Friday,Jan. 4,2013,while speaking to the Encompasses appraiser. I was again informed ✓✓ that Encompass would be taking"full responsibility for this accident". And to enjoy the weekend while I shopped for a"new car". Enterprise account statement is Exhibit A Jan.7,brought a phone call from the appraiser,informing me that once we talked about a price for my car. "By state law,we only have to pay for your rental car for three more days". And"We will also only pay for three more days of the garage storage fees for your car". On Jan.18,2013,Encompass Insurance stopped paying for my rental car.Before I had received the necessary paperwork from Encompass to start any process in my claim. A letter dated Jan. 25 arrived 5 and it states, "we are in the process of investing your claim"And, 'We need an additional 30 days to conclude our investigation".Further"within the next 30 days_...with our proposed resolution". Another letter arrives, dated Jan 29,restating what the Jan.25 letter stated"We are in the process of investigating your claim", "we need an additional 30 days"and"... Within the next 30 days with our proposed resolution." Exhibits B and C. While Encompass was still investigating,processing my claim, and considering a resolution. I was driving a rental, as my car had been destroyed. Finally, on.Feb. 22,I was able to return the rental to �j, Enterprise. Over 30 days after Encompass stopped"assuming full responsibility for this accident". The amount quoted from the appraiser fell very very well below the cost of a new car. The quote did not even cover the cost of a used car. Therefore,I am unable to replace my car due to Encompasses lack of "assuming full responsibility". 601 " -- _ _ Living in South Central Pa, residents experience varied weather seasons.When the humidity is low. Our skies are an intense shade of blue,thin wispy clouds are floating on a gentle breeze. Our car 7 windows are lowered. While driving down a country road our breathing is relaxed.An odd feeling comes from our neck,we reach up to find out what is the cause. Tnsistence pain that brings tears to the drivers eyes follows.The driver's reaction to the pain is to jerk the steering wheel. At 2,700 pounds the car is now careening toward the edge of the road. First impact is a mail box. Second impact a fence. Stopped,finally the car has come to rest in a Koi pond. t • The above is An Accident A black Lexus,takes a female to attend her mandatory AA evening meeting for her DUI arrest Leaving Carlisle the Lexus heads south. The driver turns left to enter an establishment for a beverage. • Time passes the driver having his fill exits a parking lot and turns left. The driver is talking on his phone and suddenly impact into a parked car. The Lexus is stopped. January 2,2013 Merle Witter, already a deemed habitual offender by the courts,was the driver of that 1 Lexus. He made the decision to drink again,to drive again,to destroy someones else's property. To leave another in debt and without the car the victim had purchased. 2 . The above is A Choice It was not my choice to be a victim of anthers negligence. It is not my choice to be left with a rental 3 car bill of$1006.85 charged to my credit card. It is not my choice to destroy my car. PA gives many opportunities to drunk drivers to redeem themselves. Many times those drivers choose to continue on their own path At times that path crashes into the innocent. We,the victims, are left without vehicles and in debt. Because, someone else made a negligent choice.Negligent persons need. 1(4. held to a standard of fully compensating victims for what they have destroyed.Hopefully then all drunk drivers will think once more. And ask themselves if the consequences of satisfying a thirst is worth the cost of replacing their victims property. Please I am asking,no begging that Encompass is held to its full responsibility. And that I am awarded �j. the fullest amount of compensation that is allowed by state law in this judgment. Respectfully Submitted this day by: Cathy Burgett e: _ .. �, � �_ � _ .�. r--_ ENZ0241321.1- LAW OFFICES OF TWANDA TURNER HAWKINS ATTORNEY FOR DEFENDANT LAURIE B.'I1LGBMAN,ESQ. Merle R.Witter Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown,PA 18195 Telephone: (610)398-5492 CATHY D. BURGETT, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-2616 MERLE R WITTER, Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant,Merle R.Witter,by and through the undersigned counsel, answer(s)the Plaintiff's Complaint,a copy of which is attached hereto,as follows: Paragraph 1: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 2: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 3: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 4: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 5: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 6: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 7: DENIED pursuant to Pa.R.C.P. I029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 8: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied Paragraph 9: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 10: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 11: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs) Complaint. Said averments are therefore denied. Paragraph 12: DENIED pursuant to Pa.RC.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 13: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiffs) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiffs) Complaint. Said averments are therefore denied. Paragraph 14: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). To the extent a responsive pleading is required, after reasonable investigation, answering Defendant(s) is/are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of Plaintiff(s) Complaint. Said averments are therefore denied. Paragraph 15: DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. The averments contained in the corresponding paragraph of Plaintiff(s) Complaint are denied as conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded. WHEREFORE, Defendant, Merle R Witter, demands Judgment in His favor and against all parties. DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 1. Accord and Satisfaction Plaintiff's claim is barred under the legal doctrine of Accord and Satisfaction. 2. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 3. Affirmative Defenses Answering Defendant reserves the right to assert at the time of trial any and all affirmative defenses revealed through discovery. WHEREFORE, Defendant, Merle R. Witter demands Judgment in His favor and against all parties. 412 (' 'L to to T LAURIE B. T,GHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter c_............,,_..........,....._...___._ , _----_,... `��c-� 4.....\` ice' ENCQ�F SS ' z. ...' i 192,40 1 1 14 : ;44.1 UNDERW TT:f I BY: ,N WR A`N C'e, I S 8 kq ENCOMPASS INDEMNITY COMPANY . - 8 1r1 630t3b583g. VOID IF BLUE BACKGROUND IS ABSENT • THIS DOCUMENT CONTAINS A WATERMARK-HOLD UP TO LIGHT TO VIEW Claim,Number' Desk Code ` " tnstlred/Clfent Issuirq Oft. - ZO 241321 ON NUTTER, CONSTANCE AND you No. ZO drefix&Contract No. US —235469581 Claimant Date of Loss .BURGETT, CATHY 01/02/13 From thru(Dates) In Payment of CLAIM FOR PROPERTY DAMAGE PAY ONE THOUSAND ONE HUNDRED NINETYFOUR AND 50/100THS _-- Dollars 7O CATHY BURGETT Dollars • Cents ********$1,194.50 THE 411 N BALTIMORE AVE ORDER MOUNT HOLLY SPR PA 17065 e.s 'C .4&546604.. OF � hi P JPMorgan Chase Bank,N.A. Columbus,Ohio , VOID IF NOT CASHED IN SIX MONTHS FROM MON P II'010 248 L L L411' 1:0441 L54431: 63486E836v _.. SW46584870 y 3 - 1I �x r "' 11- 3 {t a .4w m0 NI _��Fn 14 1 R m mZ , og a 9 tn� S 3n E " 9 n 0,: m d Cm Ola ro is y 0I'D f G o-i _°F9 J m cos O C'� Tm n��6 CO v� h3 ry � as z� N▪ }w 13 a s rn n3 .1.1� �. ,-., � ig P �` = rr P, 4o c B C !a 4: "te' Z2 cy Ldp co 11 t t i<3 Q CI- nm 2.�s c �°. °i c _I O n 1 v I 3 -• cfrri T',, n Z� arr ID 4 -a R r, n m_rg "•.<1 N R mN a F Z8 13 I m agsi % -p e Paid Date 02/25/13 Account Number 634865836 Check/Serial Number 102481114 Check/Serial Amount 1,194.50 Sequence Number 4590317093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-2616 MERLE R W11.1'ER, Defendant BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 2 STATEMENT OF FACTS Defendant hereby incorporates by reference the Certification of Counsel as a Statement of Facts. 3 SUMMARY JUDGMENT IS APPROPRIATE WHERE THERE ARE NO ISSUES OF MATERIAL FACT IN DISPUTE Summary judgment is appropriate and should be granted "where the pleadings, deposition testimony, answers to interrogatories and admissions, together with affidavits, demonstrate that no genuine triable issues of fact exist and that the moving party is entitled to judgment as a matter of law." Smitley v. Holiday Rambler Corp., 707 A.2d 520, 525 (Pa. Super. 1998). The burden of proof is on the moving party. Id. The record must be reviewed in the light most favorable to the non-moving party. Long v. Yingling, 700 A.2d 508, 512 (Pa. Super. 1997). Summary judgment should be granted in cases where the facts at issue are clear and free from any doubt. Eddy v. Harraty, 694 A.2d 639, 643 (Pa. Super. 1997), citing Pa.R.C.P. 1035.3. Here, there are no genuine issues of material fact. Indeed, Plaintiff's Complaint arises out property damage sustained to her motor vehicle as a result of an accident that occurred on January 2, 2013. On or about February 12, 2013, Encompass Insurance issued check #102481114 in the amount of $1,195.50 made payable to Cathy Burgett for payment of said property damage. On February 22, 2013, Plaintiff cashed check #102481114. Defendant's Answer clearly raises the Affirmative Defense of Accord and Satisfaction. As such, it is respectfully submitted that all causes of action or, in the alternative, claims for damages set forth in Plaintiff's Complaint, must be limited, barred, restricted and/or extinguished by reason of Plaintiff's prior acceptance of an offer made by Encompass to resolve the within matter. For the foregoing reasons, it is respectfully submitted that Defendant's Motion for Summary Judgment must be granted. 4 CONCLUSION For the foregoing reasons, Defendant respectfully requests that Summary Judgment be entered in His favor and against Plaintiff. CumLA LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO. 13-2616 MERLE R WILIER, Defendant CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of the within Motion for Summary Judgment was served upon all other parties or their attorney of record by First Class Mail on November 6, 2013: Cathy Burgett 411 N Baltimore Ave Mount Holly Springs, PA 17065 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Merle R. Witter CATHY D. BURGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • • MERLE R. WITTER, : 2013 - 2616 CIVIL Defendant : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 27TH day of NOVEMBER, 2013, we will treat the Plaintiffs Motion dated June 23, 2013, and filed November 12, 2013, as a response to Defendant's Motion for Summary Judgment. By the Cour� Edward E. Guido, J. Cathy Burgett 411 North Baltimore Ave. Mt. Holly Springs, Pa. 17065 / Laurie Tilghman, Esquire 7535 Windsor Drive Allentown, Pa. 18195-1032 :sld 6fiesMa./G4 ///274) . January 8, 2014 RE: Burgett vs Witter Court Number 13-2616 Appeal Your Honor, The attached correspondence arrived 361 days after Witter decided to total my car. Encompass Insurance incompetence ceases to amaze me. Due to the continuing mishandling of my case with the above parties, please decide to award the maximum amount of financial compensation allowed in this matter. S'nce ely Yours, eizi(72_ Ca urgett c v, : -.Xi--c-') :24. M. f A • M ZO - Mid-Atlantic Encompass PO BOX 16203 c matalg protection aroww.rou READING PA 19612-6203 111 1111111111'1111811111111111111'1111111'1'111'11111'111111111' CATHY BURGETT 411 N BALTIMORE AVE MOUNT HOLLY SPRINGS PA 17065-1604 December 27,2013 INSURED: Constance and Merle Witter PHONE NUMBER: 800-936-4203 DATE OF LOSS: January 02,2013 FAX NUMBER: 866-298-7967 CLAIM NUMBER: Z0241321 EA OFFICE HOURS: Mon-Fri 8:00 am to 4:30 pm LOCATION OF LOSS: 411 N Baltimore Ave, Mount Holly Springs,PA, — PA CLAIMANT(S): Cathy Burgett Re: Your Claim Status Dear Cathy Burgett, We are writing to update you on the status of the claim listed above. Currently: • We are waiting for the completion of repairs. We will continue to update you on the status of the claim until it is resolved. If you want to discuss any concerns or questions regarding the claim process,please feel free to call at 610-401-2307 and refer to the claim number listed above. Sincerely, __ROLAap&,ora Ray Napkora 610-401-2307 Encompass Indemnity Company . 0 I PRAECIPE FOR LISTING CAS FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) C, , CAPTION OF CASE -=n' . 01;' (entire caption must be stated in full) si"+ •-^`, Cathy Burgett C' =`� vs. .p C) ._:. -:.. '2'--S) t:.? ` Merle Witter 37—,,:..-t c No. 2616 13 Term 1. State matter to be argued(i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Cathy Burgett, pro se, ' (Name and Address) 411 N. Baltimore Ave. Mt. Holly Springs, PA 17065 (b) for defendants: Laurie B. Tilghman, Esq. (Name and Address) Law Offices of Kenneth S. O'Neill, 7535 Windsor Dr. Ste 101-B Allentown, PA 18195 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 4,2014 I Signature l C ( 'e R---r—(2 %„iv, Print your name Defendant, Merle Witter Date: January 23, 2014 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. 1 cs\CI.1'S FA thi Cl.— 100 I NO IZ* 3i L Appeal 13-2616 Burgett vs Witter Your Honor, Due to my serious health condition and the need for medical care I am unable to attend toda ''s r k scheduled argument. None the less, all evidence I have previously submitted and�tiiei* Ll'Nfr, letter are facts and therefore true. I am not an attorney, understanding the working of this or any court systems are therefore very difficult. Finding information on procedures is very limited. What has not and is not limited is the extreme financial burden and health issues this case has caused. Jan. 2013, a habitual offender named, Merle Witter, driving drunk yet again, destroyed my car. His choice. I was told by not one but two Encompass Insurance employees "to go shopping for a new car." When I questioned how that was possible when no one had inspected my car, I was informed that "Encompass had assumed full responsibility for the accident and would be handling everything." That was only the first lie from an employee of Encompass Insurance. The appraiser stated that I only had three days to finish handling my affairs, return the rental car and clear out my car. An appraiser's statement that it is "a state law to only give three days." If I did not do as he asked, Encompass would stop paying for the rental car and the storage at the garage for my totaled vehicle. All rental fees and storage fees would be deducted from any check I was to receive. Five and a half weeks later I finally received a check from Encompass Insurance. This was how long it took Encompass to investigate and gather the information they stated they needed to handle the insurance claim. While I was only given three days. With my vehicle totaled I was forced to drive a rental vehicle. The charges for 5.5 weeks of rental went on my credit card. Those charges caused over the limit fees and negative filings on my credit score and credit reports. I am paying the rental bill, interest and all fees. Not Encompass Insurance that"accepts full responsibility for the accident claim." Evidence of the rental fees have already been submitted. The extremely small amount of payment did not cover the cost of "shopping for a new car" let alone a used car. But wait there is that matter of over$1000 of rental vehicle charges to my credit card and fees that were not assumed by Encompass Insurance. So after paying the credit card charges I am still in debt. Without a car. And without any financial resources to shop for any vehicle. So Ms Tilgman's response was to file for a trail. Ms Tilgman has wrongly stated that I have not asked for any settlement. Due to no offer of any type of settlement being offered. And her demand for a trail. I have asked at the end of many of my letters, evidence previously submitted to her and the courts, for the maximum amount permitted by law. Please, return my life to the way it was before a drunk made a choice to take away my car and leave my little girl and myself in debt. Please, I pray that I may have your decision in my favor. Respectfully Submitted by, Cathy Burgett Cell 717-701-3650 L \. p '6,(-;AN \ rev.% 61A) , T rvut b ra 1 CATHY BURGETT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MERLE WITTER, DEFENDANT : NO. 13 -2616 CIVIL IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J. AND EBERT, J. ORDER OF COURT AND NOW, this 16th day of April, 2014, upon consideration of the Defendant's Motion for Summary Judgment, an examination of the record of the case to date, and after oral argument presented by Defendant's counsel; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion for Summary Judgment is DENIED. /Cathy Burgett, Pro Se Plaintiff /Laurie B. Tilghman, Esquire Attorney for Defendant bas By the Court, CPI felLED- OF THE FF`�,. f1UNC rf� 2014 JUL 25 Pm 1 PEENS YL V t� ��A NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, Plaintiff vs. MERLE R W11"I.ER, Defendant COURT OF COMMON PLEAS OF COUNTY NO. 13-2616 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Laurie B. Tilghman, Esq., counsel for Defendant, Merle R. Witter, in the above -captioned matter respectfully represents that: 1. The above -captioned matter is pending with the court. 2. The Plaintiff's claim is this action is less than $50,000.00. 3. Defendant does not have a claim. 4. The following individuals are interested in the case as parties and/or counsel or are otherwise disqualified to sit as arbitrators: Cathy D. Burgett, pro se Plaintiff Laurie B. Tilghman, Esq. Wm+ Pd � lv aF3oso s WHEREFORE, your Petitioner(s) pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: Respectfully submitted, LAURIE B. TILGHMAN, ESQ. I.D. No. 89936 Law Offices of Kenneth S. O'Neill 7535 Windsor Drive, Ste 101-B Allentown, PA 18195 (610) 398-5492 Counsel for Defendant, Merle Witter IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, Plaintiff vs. MERLE R W11"1ER, Defendant COURT OF COMMON PLEAS OF COUNTY NO. 13-2616 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esq., counsel for Defendant, Merle R. Witter, do hereby certify that I am on this day serving a true and correct copy of Defendant's Petition for Appointment of Arbitrators upon all parties and/or counsel of record via postage prepaid first class United States mail addressed as follows: Dated: / /d/( y Cathy D. Burgett, Pro Se 411 N Baltimore Avenue Mount Holly Springs PA 17065 X22 LAURIE B. TILGHMAN, ESQ. I.D. No. 89936 Law Offices of Kenneth S. O'Neill 7535 Windsor Drive, Ste 101-B Allentown, PA 18195 (610) 398-5492 Counsel for Defendant, Merle Witter t- ��. it'r^),O' WO e0 r. 2.0111 JUL 30 PPS 2.41 CUMBERLAND O A �f .� PENNS IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CATHY D. BURGETT, Plaintiff vs. MERLE R WITTER, Defendant COURT OF COMMON PLEAS OF COUNTY NO. 13-2616 ORDER OF COURT AND NOW this 36-4 day of (--J , 2014, in consideration of the foregoing petition, , Esq. and lil/11-6/..)>-ter•-• Esq., Esq. are hereby appointed as Arbitrators in the above -captioned matter as prayed for in Defendant's accompanying Petition to Appoint Arbitrators. BY THE COURT: i Cali ,y b . /3ut5mm Litur; a 6. `T`(54mh , L%S� �f; G's �; /ed c `7/3%14 CATHY D. BURGETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. MERLE E. WITTER, Defendant : CIVIL ACTION — LAW : NO. 13-2616 CIVIL ORDER AND NOW, this Z 6' day of August, 2014, the appointment of Andrea Shaw, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Julie Wehnert, Esquire, is appointed in her place. phanie Chertok, Esquire Chairman Court Administrator _i ' :rim PIA Z9/iy BY THE COURT, Kevi A. Hess, P. J. ✓�2 �- L/ Defendant We do solemnly swear (or affirm) States and the Constitution of this fidelity. In The Court of Common Pleas of Cumberland County, Pennsylvania No. 13 - 2 / L Civil Action -Law. Oath that we will support, obey and defend the Constitution of the United Commonwealth and that we will dischar,2 the duties of our office` Nair& (Chairman) Name "' ( W ,Wur Address CaZtit City, - /73/3 Zip Law 'Firm qa) Mirs� Address i-ifktYlo PR- I7o'-( City, Zip JULIE A . &)hJi Name Law Firm 330 MAP -6£r ST- Address dAmP rh f QiV li) t I City, Zip Award We, the undersigned arbitrators., having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) -� r ) KS"- 'oitrator-dissents-(-Insertnarne-if -applicab l -e:) -.-... Date of Hearing: 2- l jRf Date of Award: 12-1 1114 Notice of Entry of M1ard Now, the / day of . at , P .M., the above award was entered upon the docket and notice thereof given by mail to the paries or their attorneys. Arbi .rs' compensation to be paid upon appeal: S V/W .SZ) Prothonotary By: Depury THE PROTHONCIAI:C, 2tli4 0:EC PH 2: 23 CUM8ERLAND COUNTY PENNSYLVANIA irri.e ($' imeti/ eet-v-- 6,7S/ AV4///5/