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HomeMy WebLinkAbout05-2642 COMMONWEAL TH OF PENNSYLVANIA COUNTY OF: ctnml:RLABD or - .:(t.Y~ Ct'uJ.-,> 7&un NOTICE OF JUDGMENTITRANSCRIFh CIVIL CASE PLAINTIFF: NAME and ADDRESS 'i-al: CIRCIRRArr IRS. COIIPARY A/S/O 6200 S GILHORl!: ROAD WILLIAN/SDSAR CDRZI L!'AIJUPZl!:LD, OB 45014 -.I VS. Mag, Disl. No MDJ Name: Hart 09-2-01 Address' PAULA P. CORRll:AL 1 COOltnrODSI: SQDARl!: CARLISLI:, PA T"'pho", (717) 240-6564 17013-0000 DEFENDANT: 'BARRICK, PI:LICIA 8 i'OPVI.BW DRIVl!: CARLISLI:, PA 17013 L Docket No.: CV-0000144_05 Date Filed: 4/01/05 NAME and ADDRESS Ai'i'ObQry POR PLAIR'l'IPP : GRl!:GORY 1:. CAsSIJlAi'IS CI!JCIRRAi'I IRSD 4999 LODISI: DR Si'1: 103 Ml!:CBARICSBOltG, PA 17055 ., -.I - THIS IS TO NOTIFY YOU THAT: JUdgment: n""lItJVI' .:rnn~ i'r.TII' fiJ J"dg~'''''"~''d'oc (N,,,,,,... "","-,,,.,.. "","".,. '/ Ii] JUdgment was entered against: (Name) Rlt.1!1!TC"1r R'RT.TC"Tlt. in the amount of $ 1 AQ/; 'Q on: (Date of Judgment) l:i:/n'/n", o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) o This case dismissed without prejudice. Amount of JUdgment JUdgment Costs Interest on JUdgment Attorney Fees Total $ 1.809.21 $ 87.08 $ .00 $ .00 $ 1,896.29 O Amount of JUdgment SUbject to Attachment/42 Pa.C.s. ~ 8127 $ O Portion of JUdgment for physical damages arising out of reSidential lease $ Post Judgment Credits Post JUdgment Costs $ $ Certified JUdgment Total $ 'I,; ------------ ------------ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DA YS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. :. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST - """"" '""" ~ "..,. "'" "" '" ~'n,,, -", .".. ."", """ .""~.,, _" ""OG, . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE · "..." '" ,...., ~ "m,,_ """"" ...""." .,,"" ","',. m, ""OG"~ '~"""" "rou, SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 0", - (:=:J? '" C~"",--e '~'"'""o.lridJ"dg, I certify that this is a true and correct cetSy of the re~' oft~e'~;9ceedjngsi96~~ning t.~e jUdgment Date (""<" ;./. /. /,/ ,. . ""~ Magisterial District Judge My commission expires first Monday of January, 2006 . AOPC 315-05 DAi'1: PRIR'l'l!:]): SEAL 5/03/05 10:41:09 AN D i~ ~ -=- .s- w ~ ~ ~ ~ ? ~I Qs ~ ~ -4::l - ...a t; ~ --J C0 \:) ns ~ ~- ~ t--, (l .jt<-.. ~ o C H:'~ c ~; ~3 -~ ...., = = c.n ::r: :,::.. -( o -., -4 I-n r"Mr -'-l-ril r>.:> :v? Cl 00 -n ~~~~ =1: ;Srn ~ ~ ~ N N GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company als/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi Plaintiff v. GREGORY L. BARRICK Defendant IN THE COlJRT OF COMMON PLEAS CUMBERL.AND COUNTY, PENNSYLVANIA NO. 0.5"- ;2.1....1./;;2.. C;u..L~~ CIVIL ACTION - LAW PETITION OF PLAINTIFF, THE CINCINNATI INSURANCE COMPANY als/o/ WILLIAM AND SUSAN CURZI TO ENTER JUDGMENT The Petition of Plaintiff, The Cincinnati Insurance Company als/o William and Susan Curzi, by and through their attorney, Gregory E. Cassimatis, Esquire, respectfully represents the following: 1. Plaintiff, The Cincinnati Insurance Company is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principle place of business address of P.O. Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cumberland County, Pennsylvania. At all times pertinent hereto, The Cincinnati Insurance Company was the automobile insurance carrier for William and Susan Curzi for a 1999 Volkswagen Beetle, Pennsylvania License Number EHV -4679. 2. Defendant, Gregory L. Barrick is an adult individual residing at 8 Top View Drive, Carlisle, PA 17013. 3. Defendant, Gregory L. Barrick is the parent of Felicia M. Barrick, D.O.B. 10/23/87. 4. On or about May 31, 2003, Susan Curzi was operating a 1999 Volkswagen Beetle, license number EHV-4679. 5. On or about May 31,2003, Felicia Barrick, a minor, was operating a 1997 Jeep Cherokee, license number ERC-4634, owned by her father, Gregory L. Barrick. 6. Felicia Barrick was operating her father's 1997 Jeep Cherokee without a license as she was 15 years old, and did not have legal authority to operate said vehicle. 7. Susan Curzi was proceeding with the right of way straight on Garland Drive, Carlisle, Cumberland County, Pennsylvania. 8. Felicia Barrick was making a left hand turn onto Garland Drive in Carlisle, Cumberland County, Pennsylvania when she collided with the Curzi vehicle causing damages to the Curzi vehicle in the amount of$ 2,309.21. 9. Felicia Barrick fled the scene of the accident and was later apprehended by the Carlisle Police Department. 10. Felicia Barrick has remitted $500.00 to Susan Curzi as reimbursement for her insurance deductible. 11. Plaintiff, Cincinnati Insurance Company has paid a total of $1 ,809.29 to William and Susan Curzi for damages to their 1999 Volkswagen Beetle caused by Felicia Barrick. 12. On April 1, 2005, Plaintiff, The Cincinnati Insurance Company, als/o William and Susan Curzi, filed a civil action against Felicia Barrick in Cumberland County Magisterial District Court 09-02-01 for the sum of $1 ,809.21. See attached a copy of civil complaint marked as Exhibit "A". 13. On May 20,2005, a Judgment was entered for Plaintiff, The Cincinnati Insurance Company and against Felicia Barrick in the amount of $1.,896.29 in the Cumberland County Court of Common Pleas, No. 05-2642. See attached, a true and correct copy of a certified Judgment which is attached hereto as Exhibit "B". 14. More than thirty (30) days have passed since the entry of the Judgment against Felicia Barrick, and said Judgment remains unsatisfied. 15. Pursuant to Pa.C.S.A. 5503, "the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because of the tortious act of the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505." 16. Pa.C.s.A. 5505 states that "Liability ofthe parents under this chapter shall be limited to: (1) The sum of $1 ,000.00 for injuries suffered by anyone person as a result of one tortious act or continuous series of tortious acts." 17. Accordingly, Felicia Barrick's father, Defendant, Gregory L. Barrick should be held liable for the negligence of said minor, Felicia Barrick and be ordered to pay Plaintiff, The Cincinnati Insurance Company afs/o William and Susan Curzi the sum of $1,000.00 as set forth in Pa.C.s.A, Rule 5505. WHEREFORE, Plaintiff prays that the court issue a Rule directed to the Defendant to show cause why judgment in the amount of$l,OOO.OO should not be entered herewith and for any other relief as the court may deem proper. Respectfully Submitted, Date: 9--/t; -oS- By: ~~?c...~ Grego . Cassimatis, Esquire Attorney for Plaintiff VERIFICATION I, Gregory E. Cassimatis, Esquire, counsel for Plaintiff, The Cincinnati Insurance Company als/o William and Susan Curzi, verify that I am authorized to execute this verification and verify that the facts set forth in the Petition to Enter Judgment is true and correct to the best of my knowledge, information, and belief. This Verification is being made based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs behalf. Moreover, the undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 9 ~f) -oS- Name: --.I< Gn:go . Cassimatis, Esquire Attorney for Plaintiff - i=:~F P~i" "..:'(L. \/,::"'~\:!/-, CIVIL COMPLAiNT =',C:>U:'-jj'," Cumberland Mag, '::;'is: ,'j" 09-02-01 P'_.;lNT',F;::' NAME a~.c:: ADDRESS rThe Cincinnati Insurance Company a/s/o William A. Curzi and Susan L. Curzi 6200 South Gilmore Rd. . Fairfield, OR 45014 '- :.. 1'12:1','0' ~a Paula P. Correal 1 Courthouse Square Carlisle, FA 17013 VS. -;"f:leon']M, 240-6564 DEF=NDANT: NAME and AOCRE:SS i Felicia Barrick 8 Topview Drive Carlisle, FA 17013 L I Docket No.: I Date Fled: I CV-144-05 4-01-05 "lUNG COSTS $ SERVING COSTS S TOTAL S AMOUNT 68.50 18.58 8i.08 DATE PAID / / I 4/01 105 TO THE DEFENDANT: The above named plaintiii(s) asks judgment against you for $ 1,809,21 together with costs upDn the fo!lowing ciaim (Civil fines must include citation of the statute or ordinance violated); On or about May 31, 2003, Susan L. Curzi was operating a 1999 Volkswagen Beetle co-owned with her husband, William A. Curzi. As Ms. Curzi was proceeding with the right of way on Garland Dr. in Carlisle, PA the Defendant, Felicia Barrick, made a lefthand turn directly in front of her while traveling in the opposite direction on Garland Dr. and failing to observe traffic in front of her. Defendant, Barrick was operating a 1997 Jeep Cherokee, PA license no. ERC-4634 owned by her father, Gregory Barrick. Ms. Barrick was 15 years of age and not a licensed drivel at the time of the accident. She was excluded from coverage under a policy of insurance issued to her father. Ms. Barrick fled the scene immediately after the accident and was apprehended by the Carlisle Police Department. The Curzi vehicle sustained damages of $2,309.21. Said vehicle was insured by Plaintiff, The Cincinnati Ins. Co" Policy II HRA8806639. Ms. Barrick paid $500.00 to the Curzis for their insurance deductible. Plaintiff, Cincinnati Ins. Co, - issued payment to the Curzis in the amount of $1,809.21 and thereforea6serts a ~laim agaInst Defendant, Felicia Barrick in the amount of $1,809.21. i, Gregorv E. Cassimatis, Esquire verify (hat the facts set forth in this complaintare true and correct to the best at my knowledge, information, and belief. This slalement is made subject to the penalties 01 Section 490,1 of the Crimes Code (18 PA. C.S. S 4904) related 10 unsworn falsification to authorities. Plsmtiff's ,LI,ttorn::y: Gregory E. Cassimatis Address; 4999 Louise Dr., Suite 103 Teleonene', 71 7 -7 91-0400 Mechanicsburg, PA 17055 IF YOU INTEND TO ENTER A OE::ENSE TO THIS CO.liiPL" INT. NOTIFY THiS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HE.^,RING AND P:;ESEiJT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTEPED A.GAINST YOU BY DEFAULT, if vou nave 2 ,:iairn aaainst the p(aintiff 'Nril':;-, is \vithin district justice Iurisdiction and which you intend to' assert 2IYie ~ea~ing, you ,musl f,ile it on ~ compia,int ,Torm at ~hi~ off,i~e, a.t least ti,ve, (5( da.ys ,bef?re the daTe seT ;':,r 1:he:leanng. if 'foU :-'\2.Y2 'J., c.:a::nl aqalnS"l :he :Jlamtl'IT ''!'.'nrC!i IS :lOt Within d!strrct lustlce !urrscicricr:. 'il2-'~/ :"gq..:SS1 ;,i',TOi'~;?.;.~'':.);-^; -ie'in :~:is-.:,ttjCS:lS~!] tn3 ci",)cedurss '.fOU may follow: !f you are~nQ:^squ~r2 C;,:)i1t8ct Tn::3 ,'Jiagis"Zs:-i2i District cliiies: at the address above. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cmmERJ.~ Mag. DisL No: 09-2-01 MDJ Name: Hon Address: PAULA P. C01J1J'R:u, 1 COURTBOUSE SQUARE CARLISLB,PA Tel.phM' (717) 240-6564 17013-0000 .. ATTORIIBY FOR PLAJ:HTIFF : GUGORY E. CASSIMATJ:S CJ:1IICIlIJIIATI J:llISU 4999 LOUISE DR STE 103 MBCBARICSBURG, PI.. 17055 THIS IS TO NOTIFY YOU THAT; Judgment: [i] Judgment was entered for: O~, ';(l,l.{~ C'uL '-I~ NOTICE OF JUDGMSNUfRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fTHE CnlCJ:lI1JiA"l'I :IllS. COHPARY A/S/O 6200 S GILMORE ROAD WJ:LL,IAM/ SUSP CtJRZI l!AJ:B.!'IELD, 011 45014 VS. DEFENDANT: NAME and ADDRESS 'sUR,ICE, FELICIA 8 TOPVJ:BW DRIVE CARLISLE, PI.. 17013 L g:f,~,: CV.~::~~:'-05 ,. (Name) DRPJlDLT .TrmCIM'R1i'I' PLT1!' ,C) '" C::'J ....~"... rJl '11 T! i'-,,3J :8C5 ~~,]'J ~ ~: ~~ 2~2 Cyl! 5;! i~ " -':',,"" "I'1IR t"T."'TWW.''I'''(' TWA ,..nll'D.a-t_~_::~1 ::: [i] Judgment was entered against: (Name) 1Ul.RRTl!Ir, in the amount of $ 1,AQJ; 2Q on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. D Amount of Judgment Subject to AttachmenV42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ i''';> o lI'RI.Tt"!Tll ,---" (Date of Judgment) . - ,.. ~.' $iD2/ft'!iI "~_ r;:, ~' N - ..., (Date & Time) Amount of Judgment $ 1.809.21 Judgment Costs $ 87.08 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,896.29 Post Judgment Credits $ ", Post Judgment Costs $ " ~'~ ------------ ------------ Certified Judgment Total $ ANV PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRYC)F JUDGMENT BY FILING A NonCE OF APPEAL WITH THE PROTHONOTAFlY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlfRANSCRIPT FORM WI1"H YOUR NonCE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUOGEMENT 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 MA V 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 JIJDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPUES WITH THE JUDGMENT. Date ::x ~ 7 ( . ~ _ I-NVI_( , f\4agisterif!.(Disfrici Judge I certify that this is a true and coir~ct coPy of the record' of the"p;qoeedings g6ntaining t6e judgment; / " "..'~' ,/.- /,"', ./ i"" ':.. /.. ,',.. .../,.;i;. " ,_ ,/ .,..:_;::::.- ,J' ,._' ).. -r" ", Date \. .//i' ',J;i f i / .... c. ; . i""", Magisterial District Judge .,.;,0;,",,0,,'" "".". \ \ " , My commission expires first Monday of January, 2006 SEAL AOPC 315.0S DATE PRI:HTBD; 5/03/05 10:41:09 :AK -- - g ';:$. ~ ~ ~ ~\ ~d" ~ rn ,~...~ "'0 ~p' 6)',~:. - (3 .' . Cf' ~u ...., \~ -:y' " ::J: zt.,) yO r:t 'i ~ ::i. ;:- ....l - -- 1"" GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company als/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. O~ - ~'-I../;z.. C!.ic:>L~~ v. GREGORY 1. BARRICK Defendant CNIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this .2 O. day oi1;:;:2~;5, a Rule is hereby issued upon Defendant to show cause why Plaintiffs, Cincinnati Insurance Company als/o William and Susan Curzi, Petition to Enter Judgment should not be granted. RULE RETURNABLE -z..c DAYS FROM SERVICE. J. Of: Fj,LfD-oFFiCE THe P.90l;'1oNOl'ARr 2005 Sf? 20 PH 3: 59 CUA4t::_":"_'~-:':i/ 'I _,,_ PEj.'I<ic,;;;'-(" 1..'->, 'UNlI' " , C"ftv/~lvI1 . ~, I " (, " , .,J! GREGORY E. CASSlMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 Ol)J~f ,. - j :' t f; ~ , ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company aJs/o William and Susan Curzi :or THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2642-CIVIL v. GREGORY L. BARRICK Defendant CIVIL ACTION - LAW PETITION OF PLAINTIFF. THE CINCINNATI INSURANCE COMPANY a/s/o WILLIAM AND SUSAN CURZI TO MAKE RULE ABSOLUTE AND ENTER JUDGMENT AGAINST DEFENDANT The Petition of Plaintiff, The Cincinnati Insurance Company aJs/o William and Susan Curzi, by and through their attorney, Gregory E. Cassimatis, Esquire, respectfully represents the following: 1. On September 16, 2005, Plaintiff filed a Petition with Rule to Show Case to Enter Judgment against Defendant, Gregory L. Barrick in the amount of$l,OOO.OO. A true and correct copy of said Petition to attached hereto, made a part hereof and marked Exhibit "A". 2. On September 20, 2005, the Honorable Kevin A. Hess signed a Rule to Show Cause which was served by the Prothonotary on the Defendant on September 22,2005. A true and correct copy of said Rule to Show Cause is attached hereto, made a part hereof and marked Exhibit "B". 3. The Rule to Show Cause gave Defendant twenty days in which to respond to the Rule. 4. More than twenty days have expired since the Defendant was served with the Rule to Show Cause and no response has been filed. 5. Accordingly, Plaintiff respectfully requests that the court grant its Petition to Make Rule Absolute and enter an Order in favor of Plaintiff and against the Defendant in the amount of $1 ,000.00. WHEREFORE, Plaintiff prays that the court grant its Petition to Make Rule Absolute and enter judgment against the Defendant in the amount of$1,000.00. Respectfully Submitted, Date: /()-19--o::,- By: Greg . Cassimatis, Esquire Attorney for Plaintiff - ~ ),; \10, \ t\ ~ - ------- GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 ATTORNEY FOR PLAINTIFF, The Cincimlati Insurance Company aJs/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 0 ..., 0 = ~; = ." "-" ;g ~0-~ (I) -I :r: f"11 rnfQ -"7 - ," -u 7;-':-.- -o~ u~~ )-~ ~tJ - (J\ c..:; ~ ~: --L ;;-;~~ -u ?~--d ...,... "ole") 0'.7 - S .......~( orn .. c.: f'V -'"I :?-.: ? --< .c- ..0 -.. -..: v. GREGORY L. BARRlCK Defendant CIVIL ACTION - LAW PETITION OF PLAINTIFF, THE CINCINNATI INSURANCE COMPANY a/s/o/ WILLIAM AND SUSAN CURZI TO ENTER JUDGMENT The Petition ofP1aintiff, The Cincinnati Insurance Company alslo William and Susan Curzi, by and through their attorney, Gregory E. Cassimatis, Esquire, respectfully represents the following: 1. Plaintiff, The Cincinnati Insurance Company is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principle place of business address of P.O. Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cmnberland County, Pennsylvania. At all times pertinent hereto, The Cincinnati Insurance Company was the automobile insurance carrier for William and Susan Curzi for a 1999 Volkswagen Beetle, Pennsylvania License Number EHV-4679. 2. Defendant, Gregory L. Barrick is an adult individual residing at 8 Top View Drive, Carlisle, PA 17013. 3. Defendant, Gregory L. Barrick is the parent of Felicia M. Banick, D.O.B. 10/23/87. 4. On or about May 31, 2003, Susan Curzi was operating a 1999 Volkswagen Beetle, license number EHV -4679. 5. On or about May 31,2003, Felicia Barrick, a minor, was operating a 1997 Jeep Cherokee, license number ERC-4634, owned by her father, Gregory L. Barrick. 6. Felicia Barrick was operating her father's 1997 Jeep Cherokee without a license as she was 15 years old, and did not have] egal authority to operate said vehicle. 7. Susan Curzi was proceeding with the right of way straight on Garland Drive, Carlisle, Cumberland County, Pennsylvania. 8. Felicia Barrick was making a left hand turn onto Garland Drive in Carlisle, Cumberland County, Pennsylvania when she collided with the Curzi vehicle causing damages to the Curzi vehicle in the amount of$ 2,309.21. 9. Felicia Barrick fled the scene of the accident and was later apprehended by the Carlisle Police Department. 10. Felicia Barrick has remitted $500.00 to Susan Curzi as reimbursement for her insurance deductible. 11. Plaintiff, Cincinnati Insurance Company has paid a total of $1,809.29 to William and Susan Curzi for damages to their 1999 Volkswagen Beetle caused by Felicia Barrick. 12. On Aprill, 2005, Plaintiff, The Cincinnati Insurance Company, als/o William and Susan Curzi, filed a civil action against Felicia Barrick in Cumberland County Magisterial District Court 09-02-01 for the sum of$1,809.21. See attached a copy of civil complaint marked as Exhibit "A". 13. On May 20,2005, a Judgment was entered for Plaintiff, The Cincinnati Insurance Company and against Felicia Barrick in the amount of$1,896.29 in the Cumberland County Court of Common Pleas, No. 05-2642. See attached, a true and conect copy of a certified Judgment which is attached hereto as Exhibit "B". 14. More than thirty (30) days have passed since the entry of the Judgment against Felicia Barrick, and said Judgment remains unsatisfied. 15. Pursuant to Pa.C.S.A. 5503, "the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because of the tortious act of the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505." ] 6. Pa.C.S.A. 5505 states that "Liability of the parents under this chapter shall be limited to: (1) The sum of$I,OOO.OO for injuries suffered by anyone person as a result of one tortious act or continuous series of tortious acts." ] 7. Accordingly, Felicia Barrick's father, Defendant, Gregory L. Barrick should be held liable for the negligence of said minor, Felicia Barrick and be ordered to pay Plaintiff, The Cincinnati Insurance Company als/o William and Susan Curzi the sum of $1,000.00 as set forth in Pa.C.S.A. Rule 5505. WHEREFORE, Plaintiff prays that the court issue a Rule directed to the Defendant to show cause why judgment in the amount of$l,OOO.OO should not be entered herewith and for any other relief as the court may deem proper. Respectfully Submitted, q 'c ,- Date: t../. )'0(1..) By: 'i ('~;7 -;"""," ,,",I) )~ .'. ';/./J'''''-' ' - ,~-~ {(/ .! Li'i::4...-? ,/ - _Y~"<7'"-~".1.' Gregopf",E'. Cassimatis, Esquire Attorney for Plaintiff VERIFICATION I, Gregory E. Cassimatis, Esquire, counsel for Plaintiff, The Cincirmati Insurance Company alslo William and Susan Curzi, verify that I am authorized to execute this verification and verify that the facts set forth in the Petition to Enter Judgment is true and correct to the best of my knowledge, information, and belief This Verification is being made based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make iliis Velification on Plaintiffs behalf. Moreover, the undersigned understands that tIns statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 9rl)~OS- Name: ~ ."',"" "~"~"?A""""-~ Grego.. . Cassimatis, Esquire Attorney for Plaintiff c"';:"'-,- ...._~...J.'~ '~Ai.,.;,? 2.~::; ;':::;'::'-'::::':::':-.:: I"Qsu~2xl.c.e C.OIIlPs'Iry a/s/'o -', - ...,- =-'3-:;12 P Co:-:-ssl \'Tillj_2ITI ..:.:.;,.. Cu~zi and S~~S0..:-" ~. :=u:-:::,i Cou=:house Squar~ 6200 South Gilmore Rd. Fairfield, OR 45Gl~ Carlisle, PA 1,7013 V-S, :;::.F"::i\!DANT: ;'-.jA",.t~ an:, ,:..0::,:::':.=:;;;;: i Felicia Barrick 8 Topview Drive Carlisle, PA 17013 ~;"LliC",;; 240-6564 '- I Docket No.: I Date Fiied: CV-144-05 4-01-05 j FiUNG COSTS S S=ClVI~JG COSTS S TOT.'\L S AMOU~IT 68.50 18.58 87.08 DATE PAID I I I 4/01 /05 TO THE DEFEi'JDANT The above named plaintiff(s) asi<.s judgment against you tor $ 1,809.21 together wit coSts upon the foliowing claim (Civil fines must include citation of the slatute or ordinance violated) : On or about May 31, 2003, Susan L. Curzi was operating a 1999 Volkswagen Beetle co-owned witt her husband, William A. Curzi. As Ms. Curzi was proceeding with the right of way on Garland I in Carlisle, PA the Defendant, Felicia Barrick, made a lefthand turn directly in front of hel while traveling in the opposite direction on Garland Dr. and failing to observe traffic in front of her. Defendant, Barrick was operating a 1997 Jeep Cherokee, PA license no. ERC-463L o'wned by her father, Gregory Barrick. Ms. Barrick was 15 years of age and not a licensed drj at the time or the accident. She was excluded from coverage under a policy or insurance iSSt to her father. Ms. Barrick fled the scene immediately after the accident and was apprehendec by the Carlisle Police Department. The Curzi vehicle sustained damages of $2) 309.21. Said vehicle vJaS insured by Plaintiff, The Cincinna.ti Ins. Co., Policy Ii HRA8806639. Ms. Barrick paid $500.00 to the Curzis for their insurance deductible. Plaintiff, Cincinnati Ins. Co. issued payment to the Curzis in the amount of $ L 809.21 and therefore asserts a claim ag<riTISl Defendant, Felicia Barrick in the amount of $1,809.21. l, Gre9-0TV E _ Cassimatis, Esouire verify tha.t the facts set forth In this cornpJaJnt'are true and correct 10 the best of my knowledge, information, and beiief. ThiS sTatement is made subject to the penaities of Sec1ion 430<1 of ths Crimes Code (12 Pi:.,. C.S. 34904) related to unsworn falsificallon to authorities. )'" ---- /~~~ ,;JlaJnriff's A,ItDr:18Y: Gregory E. Cassimatis ,6.d6r,9SS: L999 Louise Dr., Suite 103 : 8jeDilDn~: 717-791-0400 ~echanicsburg, PA 17055 iF -'~CU U"'~T:=:\iC: 7,=r E>-1-::,P .1:-'. DE,=E!\,!S:: ::::' ._~;:S 1"JC;-iF"/ TH:E:, iJFi=ICE ;rv1fV1EDI/\TEL. Y AT THS ,~BC LJ\j[; ;:'F~S,c: JT 'JCU.~ C,:'~::==;\::::\E. UNLESS YOU [ -E~::FI~C)l",i= :,!L}i,/!B~~, ''{tJij :',;1U'::l ,{;:,F'::;~-,L,F', ,J:c"T T'~:: ~~/"'hjf\J(~, \.JU ::~, ,.1, ILL S= r::>'J-~P,~:i ,~\:3,L:d!\~ST '(:,:'i._~ 2" D=~,~LiLT. -i2.',,': -'.-,,....---, .;.", ,,~ -'._~ .-, ,~. '.--- , ,-". ~ l i;:.:; ,__;,;,;:;.: : JU ::-:1-2[:0 Exhibit _.~L "~~'-;: ",~- ~,,,=,, "",/ :::;OU/\jT't 0:= CmmE;E.L1~ L.';S~: '=-':~ =\L...,:O,l!\!i]:=:: ~",'~. <::"'-,.::, ;. .....'--'~.;::=-~':- (1S"",:~-(j:" =zr: C=Jl~C:.'l~Z:".!'2= ::l~S ::::J+~::F'2U::: ~~ :: (',lidress P 1-1.0"'"....1'. P. COF..RE1'.L 1. COURTHOUSE SQU~JaE CJUtJ.:.,IS.LE, :!?1>~ E:2(H) S G:L!~Or~~ lE::.C18..D WILLIAK/SUSAN CUR~: I FJ,T"F..!fIE:LD, OR 4150141 '- VS. ~"1DJ N2m~ HOf, ,,,ephone (717) 240.-6564 1.101.3-0000 DEFENDANT: I]"ME 21ld ADDRESS iB~~~IC~F FELIC!A 8 TOPVIm<r DRIVE CARLISLE, Ph 11013 L Docket No.: CV-0000144-0S Date Filed: 4/01/05 ATTORNEY FOR PLAINTIFF : GREGORY E. CASS:tKATIS C:tNCImiATI INSU 4999 LOUISE DR STH 103 MECBANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUD'~ PLTI' C") 1'-,) ;;;:;) C) G.b"; " Judgment was entered for: (Name) '1'WR ~TWCT1\TIIl&'I'1 T1\T!<l -.," (lnv"p z" ~.. j 19; .I :t".. ",,-- -- [i] [i] Judgment was entered against: (Name) PHI\.RRTCIr, FRT.:rCT1l. ~_... "-",.' .-~'~ --..,,~ ~ :-::;':::-:""'" ""--:: ,~9i~ ~:'~'y -~, : __....J ~~,;~' ~~] ,?:r~ '~ j'n in the amount of $ 1 Rqb.29 on: . (Date of Judgment) ;? '$'/O?-I&5 ~ ~_.~~: . f'~~) Defendants are jointly and severally liable. (Date & Time) ;'F'.,..) ........ :;! ::q ~, o o D O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.809.21 Judgment Costs $ 87.08 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.896.29 Post Judgment Credits $ M Post Judgment Costs $ . '~l ------------ ------------ Certified Judgment Total $ Damages will be assessed on: This case dismissed without prejudice. ANY PARTY HAS THE RIGHT TO APPEAL WITlilN 30 DAYS AFTEA THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTAAY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGfSTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date r') - ~ -;:Pj /1 0 (~~ ~G;;)?,~V!~ , MagisterialDistric~ Judge II cerli!)! that this is a true and correct COpy of the record of theproc8edhas containino t6e J'ud,"'ment. I I ...../ ". ' ~. / - '" I Date ,.' ,.",- .' .' " ',;~agisterial Dietnct Judge I 2~)ri-iil-dssiOll expir9s fi:"st fVi-:Jilday Dr :zoos SEAL I:>Z,.:.. T~m::. IT :;~,I>L;Y'~:~D~I.j. .5 , ,~, .1 ~ C' 9.' l;:ES' Exhibit "B" CERTIFICATE OF SERVICE AND NOW, this /c;fj day of Ockb~r , 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that 1 served a copy of the within Petition to Make Rule Absolute on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, P A 17013 By: -~~ / ~~ Gregory:@sassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney LD. # 49619 0x\\\~\ ~ GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 AttorneyLD. #49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company a/s/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. RULE RETURNABLE JJJ DAYS FROM SERVICE. / 1. v. GREGORY L. BARRICK Defendant CIVIL ACTION - LAW AND NOW, this %)+h RULE TO SHOW CAUSE ~e.pte.tr\'oeR. day offuty, 2005, a Rule is hereby issued upon Defendant to show cause why Plaintiffs, Cincinnati lnsurance Company alslo William and Susan Curzi, Petition to Enter Judgment should not be granted. CERTIFICATE OF SERVICE AND NOW, this /'1 t!:- day of OC-hber, 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that I served a copy of the within Praecipe to Change Caption on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, P A 17013 (--? - By: / ~~ Greg . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney J.D. # 49619 .................. - ORIGIN.~,; 1f GREGORY E. CASSIMA TIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717- 791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company a/s/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2642-CIVIL v. GREGOR Y L. BARRICK Defendant CIVIL ACTION - LAW PRAECIPE TO CHANGE CAPTION TO THE PROTHONOTARY: Please change the Defendant in the above matter to Gregory L. Barrick. Respectfully Submitted, By: 7 /' "" c~~J. Gregor . Cassimatis, Esquire Attorney for Plaintiff Date: /O.-19-0S CERTIFICATE OF SERVICE AND NOW, this (Cj-J::!- day of ()c~bu , 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that I served a copy of the within Praecipe to Change Caption on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, P A 17013 By: Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney J.D. # 49619 (. '..1 - .'1 t,." --" -- ---------- 10/24/0'; 03:47 FAI 7177910';24 _~ Harr!s))",:? Lee~ --. . . GREGORY E CASSIMATIS, ESQUIRE 4999 Louise Dllve, Suite 103 Mechamcsburg, P A 17055 717-791-0400 Attorney I.D~ # 49619 ATTOR1\'BY FOR PLAINTIFF, The Cincinnati Insurance Company alslo William and Susan Curzi THE CINCl}."NATI INSIJRA1'lCE CO. as SUBROGEE ofWilIiam and Susan Curzi IN" TIlE COURT OF COMMON PLEAS CUMBERLAND COID.'TY, PENNSYL V AN1A plaintiff NO. 05-2642-ClYJL v. GREGORY 1. BARRICK Defendant CIVIL ACTION - LAW ORDER AJ:\T[) NOW, this :z 1 day of aAW ,2005, upon consideration of Plaintiff's, Cincinnati Insurance Company als/o William and Susan Curzi, petition to Enter Judgment and Rule to Show Case, said Rule is made absolute and judgment is entered in favor of the Plaintiff and against Defendant, Gregory 1. Barrick in the amount of $1,000.00. . /! ;[. I /C? r, /J\ \\) / f4I 002 ~ OCT 2 6 20~ .T. .~ 'J1V I ']<;:0 GJryrf ~ 00 b it 0[[1*' ? r .; ',C '; l ';'} ..~. ~:: "j :: u~ - .."'J. L GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 OOJrl ,. I '., \. "." . ATTORNEY FOR PLAINTIFF, The Cincinnati Insunmce Company alslo William and Susan Curzi " THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2642-CIVIL v. GREGORY L. BARRICK Defendant CIVIL ACTION - LAW PETITION OF PLAINTIFF, THE CINCINNATI INSURANCE COMPANY a/s/o WILLIAM AND SUSAN CURZI TO MAKE RULE ABSOLUTE AND ENTER JUDGMENT AGAINST DEFENDANT The Petition of Plaintiff, The Cincinnati Insurance Company alslo William and Susan Curzi, by and through their attorney, Gregory E. Cassimatis, Esquire, respectfully represents the following: 1. On September 16, 2005, Plaintiff filed a Petition with Rule to Show Case to Enter Judgment against Defendant, Gregory L. Barrick in the amount of$l,OOO.OO. A true and correct copy of said Petition to attached hereto, made a part hereof and marked Exhibit "'A". 2. On September 20,2005, the Honorable Kevin A. Hess signed a Rule to Show Cause which was served by the Prothonotary on the Defendant on September 22,2005. A true and correct copy of said Rule to Show Cause is attached hereto, made a part hereof and marked Exhibit "B". 3. The Rule to Show Cause gave Defendant twenty days in which to respond to the Rule. 4. More than twenty days have expired since the Defendant was served with the Rule to Show Cause and no response has been filed. 5. Accordingly, Plaintiffrespectfully requests that the court grant its Petition to Make Rule Absolute and enter an Order in favor of Plaintiff and against the Defendant in the amount of $1 ,000.00. WHEREFORE, Plaintiff prays that the court grant its Petition to Make Rule Absolute and enter judgment against the Defendant in the amount of$I,OOO.OO. Respectfully Submitted, Date: /(J-!9--o,- By: Greg . Cassimatis, Esquire Attomey for Plaintiff ~A'\:\~\ \ A ~ GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 A TTOR.-NEY FOR PLAINTIFF, The Cincinnati Insurance Company aJs/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUM:BERLAND COUNTY, PENNSYLVANIA Defendant CNIL ACTION - LAW (") ...., 0 = c.; = .." c.n v'........., <.IJ :r! ',,'." f'1 1T;,';', rr1pl ---::. , c' -u ...-. .....,' -o~ ~7f' '" 01;1> CI' ~~Jr- . 1,<: ~c -0 f;::::d ~~~ ~ '';0 N oi-n -, --I .........- ? -~ ..,.. .n ..... -:: Plaintiff NO. v. GREGORY 1. BARRICK PETITION OF PLAINTIFF, THE CINCINNATI INSURANCE COMPANY a1s/o/ WILLIAM AND SUSAN CURZI TO ENTER JUDGMENT The Petition of Plaintiff, The Cincinnati Insurance Company als/o William and Susan Curzi, by and through their attorney, Gregory E. Cassimatis, Esquire, respectfully represents the following: 1. Plaintiff, The Cincinnati Insurance Company is a corporation licensed to sell insurance within the Commonwealth of Pennsylvania with a principle place of business address of P.O. Box 145496, Cincinnati, Ohio 45250-5496 and regularly conducts business in Cumberland County, Pennsylvania. At all times pertinent hereto, The Cincinnati Insurance Company was the automobile insurance carrier for William and Susan Curzi for a 1999 Volkswagen Beetle, Pennsylvania License Number EHV-4679. 2. Defendant, Gregory 1. Barrick is an adult individual residing at 8 Top View Drive, Carlisle, PA 17013. 3. Defendant, Gregory 1. Barrick is the parent of Felicia M. Barrick, D.O.B. 10/23/87. 4. On or about May 31, 2003, Susan Curzi was operating a 1999 Volkswagen Beetle, license number EHV-4679. 5. On or about May 31, 2003, Felicia Barrick, a minor, was operaring a 1997 Jeep Cherokee, license number ERC-4634, owned by her father, Gregory L. Barrick. 6. Felicia Barrick was operating her father's 1997 Jeep Cherokee without a license as she was 15 years old, and did not have legal authority to operate said vehicle. 7. Susan Curzi was proceeding with the right of way straight on Garland Drive, Carlisle, Cumberland County, Pennsylvania. 8. Felicia Barrick was making a left hand turn onto Garland Drive in Carlisle, Cumberland County, Pennsylvania when she collided with the Curzi vehicle causing damages to the Curzi vehicle in the amount of$ 2,309.21. 9. Felicia Barrick fled the scene ofthe accident and was later apprehended by the Carlisle Police Department. 10. Felicia Barrick has remitted $500.00 to Susan Curzi as reimbursement for her insurance deductible. 11. Plaintiff, Cincinnati Insurance Company has paid a total of$1,809.29 to William and Susan Curzi for damages to their 1999 Volkswagen Beetle caused by Felicia Barrick. 12. On April 1, 2005, Plaintiff, The Cincinnati Insurance Company, als/o William and Susan Curzi, filed a civil action against Felicia Barrick in Cumberland County Magisterial District Court 09-02-01 for the sum of$1,809.21. See attached a copy of civil complaint marked as Exhibit "A". 13. On May 20, 2005, a Judgment was entered for Plaintiff, The Cincinnati Insurance Company and against Felicia Barrick in the amount of$l ,896.29 in the Cumberla11d County Court of Common Pleas, No. 05-2642. See attached, a true and COlTect copy of a certified Judgment which is attached hereto as Exhibit "B". 14. More than thirty (30) days have passed since the entry of the Judgment against Felicia Barrick, and said Judgment remains unsatisfied. 15. Pursuant to Pa.C.S.A. 5503, "the court shall ascertain the amount sufficient to fully reimburse any person who has suffered injury because of the tortious act of the child and direct the parents to make payment in the amount not to exceed the limitations set forth in section 5505." 16. Pa.C.S.A. 5505 states that "Liability of the parents under this chapter shall be limited to: (1) The sum of$l,OOO.OO for injuries suffered by anyone person as a result of one tortious act or continuous series of tortious acts." 17. Accordingly, Felicia Barrick's father, Defendant, Gregory L. Barrick should be held liable for the negligence of said minor, Felicia Barrick and be ordered to pay Plaintiff, The Cincinnati Insurance Company alslo William and Susan Curzi the sum of $1,000.00 as set forth in Pa.C.S.A. Rule 5505. WHEREFORE, Plaintiff prays that the court issue a Rule directed to the Defendant to show cause why judgment in the amount of $1 ,000.00 should not be entered herewith and for any other relief as the court may deem proper. Respectfully Submitted, CJ 'r../. r- Date: f~/) v-' By: 0" o ')./ .,'" rt..e:-:~-, /' (<.r"'<!t__.....,,:-:,;7f~ Grego ,)":~ Cassimatis, Esquire Attorney for Plaintiff VERlFICATION l, Gregory E. Cassimatis, Esquire, counsel for Plaintiff, The Cincilmati Insurance Company alslo William and Susan Curzi, verify that I am authorized to execute this verification and verify that the facts set forth in the Petition to Enter Judgment is true and correct to the best of my knowledge, information, and belief. This Verification is being made based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Velification on Plaintiffs behalf. Moreover, the undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 9~!.) 'Os- '-""", Name: , /tb _~.~ryj-~ Grego . Cassimatis, Esquire Attorney for Plaintiff 'I'he Cincinnati "AI"::: 3"~ ;,:=:::::::.::::: Ir~SU1-anC2 CamDEn\'- , 2/ S c' J:'2'.l-':"'::: Cc:::-s2l 'i}illi2.m A. ,_ . -, n ,->U!:"Zl 2.:~G .)\~S~'.:-; , , J.._, ',,-,U=-==- Cou=:nouse Sauare 6200 Sautt Fairfield~ Gilmc!:"e Rd, 02. 45014 Carlisle. FA 17013 ::::.:=:::NCNH: VS, :\JAM;:; 2.n: ,:,ccC"'.;:;:::.:: -p.:-:;c~;o:-;~, 240-6564 Felic:i.2 Barrick 8 Topview Drive Carlisle, PA 17013 L I Docket No.: I Date Fiied: CV-144-05 4-01-05 AMOU~IT DATe PAID FILING COSTS '5 68.50 , I SERVING COSTS - 18.58 / TOT.';L $ 87.08 4/01 / 05 TO I HE DEFENDANT: The above named piaintiff(s) 2S~.S judgment against you Tor $ l, 809.21 together wit costs upon the foliowing claim (Civil Tines must Include ::itation of the statute or ordinance violated): On or about May 31, 2003, Susan L. Curzi was operating a 1999 Volkswagen Beetle co-owned witt her husband, William A. Curzi. As Ms. Curzi was proceeding with the right of way on Garland I in Carlisle, PA the Defendant, Felicia Barrick, made a lefthand turn directly in front of her while traveling in the opposite direction on Garland Dr. and fe.iling to observe traffic in front of her. Defendant, Barrick was operating a 1997 Jeep Cherokee~ FA license no. ERC-463L owned by her father, Gregory Barrick. Ms. Barrick i-li~as 15 years of age and not a licensed drj at the time of the accident. She was excluded from coverage under a policy of insurance isst to her father. Ms. Barrick fled the scene immediately after the accident and was apprehendec by the Carlisle Police Department. The Curzi vehicle sustained damages of $2,309.21. Said vehicle was insured by Plaintiff, The Cincinna.ti Ins. Co., Policy II RRA8806639. Ms. Barrick paid $500.00 to the Curzis for their insurance deductible. Plaintiff, Cincinnati Ins. Co. issued payment to the Curzis in the amount of $1,809.21 and therefore asserts a claim agaciTISl Defendant, Felicia Barrick in the amount of $1,809.21. \1 Gregorv.E. Cass imatis , Esauire verify that the facts Sc;t forth in this complaint are true and correct to the best oi my knowledge. iniormation, and beiief. Thi$ staTement is made subject to the penalties oi Section 4904 of ,he Crimes Code (12 P,L\. C.S. i) 4904) related to unsworn falsification to authorities. .-' ~~ lamtift or AuthOrized ,.c..,gem) >Jlalmiff's L!,rtorilzy: Gregory E. Cassimatis ,t,CU:'22S: ~999 Louise Dr., Suite 103 : 2i9oncns: 717-791-0400 Mechanicsburg, FA 17055 I;:: .':C:U :;\jT~~<[: ; ':; ~h!: t::? ,6 Dt:-=:'-J,S~ TC ~~H:3 '=:C:\/iPi_,2.];""T \:C:iiF''( T:~:::S IJFF1CE if'v1MEDi.!:.,TE:.. Y ,A,T~;-JE I~\SC -:::!_::.:FIHC,f\-iE !J".J!/iBEF" ";-'tJu MU:::1 .t,p::::::r;p, 'T T~E ~i=.L,,;::W\!C3 i::"i\i[ P:::,=:,~-E:"jT YCU,~ [.'~F=\!,S,E. U~.JL=SS YOU = ~':UD{3:\iiEi',~! \/\/i';~,L 5::=: E:...:-'-=.:RED /.\C;.t.,lr\.!S- '/C)j,~ :; , D:.=:=,:',UL'T, :~/:; L,,:;:: "/:~ ,:::: ::;:.!:-:' ~ i i:::: ',';-j!:::.. jl~;' , :" , , at::: '"vnl':,'! /:JU !:l13riO "'::::~:;}-:s:~:::,,: '., -".lith!,,: cj~\i~ bef8re :1:::<:: 'U:::'C:S .- ,~,~_. - ''-' ,-- " , ,"' ~-- " '.- -'~-_.' ,~:Sl .;!'c;, !32.:::: Ti\/€' Exhibit "Al~ C;C>UI\JTY DF' CUJr$ERI~iRl) ~ ..... ,'''' .-.....,. ~," - .-. ,:- :=: I _ - \ \.: - \i''i~ [;'c" 1_: ='~p.lI\III:::: "\0" <"',:-,.1:)::>;::-:'::- QS:~2-G: '':'E!:: :::NC::JEQrl:..~': ::E;'S~ :;:J1C~."1:~:.J,:;:: "... ~ ~,~')J N2me HOI', i P Atr"...A P. COUnt. i 'cd,,", 1 COUR.TBOUSr: SQUl'..RI:: I CARLISLE, PA , I T"'php" (717) 240;-5564 17013-0000 I ATTORNEY FOR PLAINTIFF 6200 S GI:~OEL; 1;:.01:;"[.- WILLIP.lI!JS1[lSAK cU"R.z:r !F~~RFIgLD, OE 4501~ VS. GREGORY E. CASSI:MATIS CI:NCI:NJilATI: I:NStf 4999 LOUI:SE DR STE 103 MECBAHICSBURG, FA 17055 DEFENDANT HM\E and ADDRESS 'BARRIC~, FgLICIh B TO!?VIgw DRIVE CARLISLE, FA 17013 L Docket No.: CV-00001..4-05 Date Filed: 4/01/05 ~- ~ THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT .:nmmnmT PLTl!" C") ,...., ~::::., ....--' ''-::Yf ',\ Judgment was entered for: (Name) THR ~TW~TWRaTT TWR ~nM"'l1>1\lV.'A1 ~:,"" -l :"~:....,.., "r- ~c~~=i _'~: ',..v [i] [i] u. r'",~ C') Judgment was entered against: (Name) "RllllllTC!1r r lI'RT.T~TiIl. Deiendants are jointiy and severally iiable. (Date & Time) . . "jo::!/ni; ~( - f';,,) -"--' ,. .~~i ;S;: t:r; in the amount of $ 1 r 11<11;; 2<1 on: (Date of Judgment) D D D f',,) sj ~.> pi..' .-...... D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,809.21 Judgment Costs $ 87.08 Interest on Judgment $ .00 Attomey Fees $ .00 Total $ 1.896.29 Post Judgment Credits $ , Post Judgment Costs $ '., h: ----------- ------------ Certified Judgment Total $ Damages will be assessed on: This case dismissed without prejudice. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTAIW/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date (~Jj <2fra,vJJ , I ~ , lViagisterialDistrid Judge I certify tilat tilis is a true and c~.r~.~~,tC0PY of the reco~d of the proceedings con.:aining the judgment. I Date l Magisterial District ,Judge! , I fV;y s':)',-i-,n"lission S,;{pi['9S first Monday of J2n~Lsi'Y, 2Cr(vG SEAL ,-',:,)'" r,,"':',..Tr~ n T',J:~');;tiZ'l:~::::'J :~ C' ", ,,,,-- c ." 2,J;:~ Exhibit liB" CERTIFICATE OF SERVICE AND NOW, this rrtJ. day of Ochbn ,2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certifY that I served a copy of the within Petition to Make Rule Absolute on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, PA 17013 By: .~ !~ Grego~assimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney 1.0. # 49619 <;(")x\\ ~l\ ~ GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney LD. # 49619 THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi Plaintiff v. GREGORY L. BARRICK Defendant ATTORNEY FOR PLAINTIFF, The Cincilmati Insurance Company a/s/o William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CNIL ACTION - LAW AND NOW, this .Q{)+h RULE TO SHOW CAUSE ~e.ptem'oe.R. day of-:hrly, 2005, a Rule is hereby issued upon Defendant to show cause why Plaintiff s, Cincinnati Insurance Company aJs/o William and Susan Curzi, Petition to Enter Judgment should not be granted. RULE RETURNABLE .21J J. \! . ' CERTIFICATE OF SERVICE AND NOW, this Nt!:: day of OChber, 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that I served a copy of the within Praecipe to Change Caption on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, PA 17013 ~ By: <-? ~ / c:;;~ Greg . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney J.D. # 49619 /Jp /! .', " // ~ ---- :-::-l r,: " r " GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite] 03 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company alslo William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi Plaintiff v. GREGORY 1.. BARRICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2642-CIVIL CIVIL ACTION - LAW PRAECIPE TO CHANGE CAPTION TO THE PROTHONOTARY: Please change the Defendant in the above matter to Gregory 1.. Barrick. Date: IO-N-O.> Respectfully Submitted, By: '/ ~ tc',~-UT\ Grego . Cassimatis, Esquire Attorney for Plaintiff r'~ , C) -n ::i '. ;-n ..,.",'- t".) ,") Co /" CERTIFICATE OF SERVICE AND NOW, this ('1f-~ day of ()c/,,,,,.., , 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that I served a copy of the within Praecipe to Change Caption on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, PA 17013 , By: c:::,<,<~':-.. Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney J.D. # 49619 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 7] 7-791-0400 Attorney LD. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company alslo William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2642-CIVIL v. GREGORY L. BARRICK Defendant CIVIL ACTION - LAW PRAECIPE TO CHANGE CAPTION TO THE PROTHONOTARY: Please change the Defendant in the above matter to Gregory 1. Barrick. Respectfully Submitted, ,) -;J :-( i;") ". .... '" Date: /0-19-05" By: 'h- ~ .-f'//1~ rt:;,~--.;;/' Gregor . Cassimatis, EsquRe c, Attorney for Plaintiff / CERTIFICATE OF SERVICE AND NOW, this 1'1-t~ day of Od'bc" ,2005, I, Gregory E Cassimatis, Esquire, Attorney for Plaintiff, The Cincinnati Insurance, hereby certify that] served a copy of the within A By: &~~> Grego '. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 79 I -0400 Attorney LD. # 49619 Praecipe to Change Caption on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Gregory L. Barrick 8 Top View Drive Carlisle, PA 17013 ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR PLAINTIFF, The Cincinnati Insurance Company a/s/o William and Susan Curzi THE CINCINNATI INSURANCE CO. as SUBROGEE of William and Susan Curzi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2642-CIVIL v. GREGORY L. BARRICK Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment against the Defendant in the above case settled and satisfied. Respectfully Submitted, Date: 7 -- t -DCo By: Grego . Cassimatis, Esquire Attorney for Plaintiff ~-:') <-:'-j-", :::-.1 r...:'