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Home My WebLink About06-1155 F'J;ILESIDA TAF1LE\DonegaI30SOICurrentIJ621362.comlemm Created: 1:.'-129103 S24At\1 Revised: 2/21/06 90lAM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff JONATHAN LISS and ANDREA LISS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. :2001.. .- tlsS'" JESSICA 1. PETERS, Defendant CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and ajudgment may be entered against you by the court without furthernotice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMA TlON ABOUT HlRING A LAWYER. IF YOU CANNOT AFFORD TO HlRE A LAWYER, THlS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cwnberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JONATHAN LISS and ANDREA LISS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 0&- //'O'S {j;J I~ JESSICA 1. PETERS, Defendant CIVIL ACTION - LAW COMPLAINT I. Plaintiffs, Jonathan Liss and Andrea Liss, are adult individuals residing at 1050 Oakdale Drive, York, Pennsylvania 17404, 2. Defendant, Jessica 1. Peters, is an adult individual residing at 706 West King Street, 151 Floor, York, Pennsylvania 17404. 3. On or about February 23, 2005, Plaintiffs were the owners and Plaintiff Andrea was the operator of a 1998 Honda Civic that was traveling northbound on Richland Avenue in West Manchester Township, York County, Pennsylvania. 4. On or about February 23, 2005, Defendant was the owner and operator of a 1996 Ford Taurus preparing to enter onto Richland Avenue from a business driveway in West Manchester Township, York County, Pennsylvania. 5. On or about February 23, 2005, Defendant made a left hand turn onto Richland Avenue and collided with Plaintiffs' vehicle. COUNT I - Negligence Jonathan Liss and Andrea Liss v. Jessica L. Peters 6, Plaintiffs hereby incorporate by reference the averments contained in Paragraphs I through 5 of this Complaint. 7. The accident was directly and proximately caused by the negligence, recklessness and carelessness of Defendant in that she, among other things: a. Operated her vehicle in a careless, reckless, and negligent manner; b, Failed to keep her vehicle under proper control; c, Failed to keep a proper look-out; d. Failed to use due care under the circumstances; e. Made a left hand turn into oncoming traffic; f. Operated an uninsured vehicle; and g. Failed to abide by the rules ofthe road, the ordinances of the local municipality, and the laws of the Commonwealth of Pennsylvania. 8. At all times material hereto, Plaintiff Andrea acted with due care and was not contributorily negligent. 9. As a result of Defendant's negligence, the Ford collided with the Plaintiffs' vehicle causing the damages hereinafter set forth. 10. The collision caused damage to Plaintiffs' vehicle in the amount of$4,235.39. A true and correct copy of the repair estimate is attached hereto as Exhibit "A." WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$4, 185 .39, plus attorneys' fees in the amount of $500.00, costs, interest, and any other relief that the court deems appropriate. COUNT II - Breach of Contract Jonathan Liss and Andrea Liss v. Jessica 1.. Peters 11. Paragraphs 1-10 are incorporated herein by reference. 12. Defendant agreed to settle the case with Plaintiffs. 13. Plaintiffs, by way of their insurer, Donegal Mutual Insurance Company, forwarded a written settlement agreement dated August 15,2005, to Defendant for execution. A true and correct copy of the agreement is attached hereto as Exhibit "B." 14. Defendant signed and returned said agreement and began to make payments. 15. As of October 4,2005, Defendant has failed to make any further payments under the written agreement. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of$4, 185.39, plus attorneys' fees in the amount of $500.00, costs, interest, and any other relief that the court deems appropriate. MARTSON DEARDORFF WILLIAMS & OTTO By (!J.. J.,vL ? K-. Christopher E. Rice, Esquire 1.0. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: J ~ Z.8~ 0 r, DONEGAL MUTUAL INSURANCE COMPANY 1195 RIVER ROAD P.O. BOX 302 MARIETTA, PA 17547-0302 (717) 426-1931 FAX: (717) 426-7023 CD LOG NO 1264 -0 ESTIMATE DATE 03-02-05 CLAIM INFORMATION CLAIM # PAE-0494769-83 COMPANY DONEGAL MUTUAL FAX (717) 426-7023 INSURED LISS CLAIMANT N/A FILE HNDLR DENISE SHEARER LOSS PAYEE NONE 2ND PAYEE N/A POLICY # CLAIM REP WORK PH# LOSS DATE LOSS TYPE FILE # ACCT # N/A 4748 (717) 426-1931 02-23-05 COLLISION N' /A N/A INSPECTION TYPE PRIMARY POI APPRAISER NAME LICENSE # WORK PHONE ADDRESS CITY STATE ZIP FIELD FRONT END RIGHT DAVID MICKLEY 133454 (717) 259-5668 P.O. BOX 545 EAST BERLIN 17316- SECOND POI FAX INSP DATE LOCATION CITY STATE (717) 259-5682 03-02-05 SANG & SONS YORK PA PA OWNER LISS, ANDREA W. & JONATHAN 1050 OAKDALE DR. YORK PA 17403- WORK#(717) 851-2613 HOME#(717) 854-9180 REPAIR VEHICLE 1998 HONDA CIVIC OX 2 DR COUPE 4CYL GASOLINE 1.6 OPTIONS TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES POWER STEERING CONDITION VIN IHGEJ6126WLI08895 LICENSE # CODE H025 REMARKS: OP CODES: * = USER-ENTERED VALUE E = EC REPLACE ECONOMY UC EU = LIKE KIND & QUAL.PRT EP PM PXN REMAN/REBUILT TE = IT PARTIAL REPAIR I = REPLACE OEM RECONDITIONED PRT REPLACE PXN PARTL REPL PRICE REPAIR NG = REPLACE NAGS UM = REMAN/REBUILT PRT PC = PXN RECONDITIONED ET = PARTL REPL LABOR L REFINISH -1- EXHIBIT "An DATE 03-02-05 LOG 1264 -0 .1998. HONDA CIVIC DX 2 DR COUPE CLAIM # PAE-0494769-83 CG = CHIPGUARD RI = R&I ASSEMBLY RP = RELATED PRIOR BR BLEND REFINISH TT = TWO-TONE SB = SUBLET N ADDITIONAL LABOR P CHECK AA = APPEAR ALLOWANCE UP UNRELATED PRIOR OP GDE MC DESCRIPTION MFR. PART NO. ----------- ------------ PRICE AJ% B% HOURS R 7.2 4 REFINISH 6.0 Surface 1.2 Two-stage EU 0619 07 SECTION,FRONT BODY RT LIKE KIND & QUAL. 1,500.00* +25 >>Located Aumillers 1-800-692-7463 Quote # 45275 0006 COVER,FRONT BUMPER REFINISH 2.5 Surface 0.6 Two-stage setup 0.5 Two-stage 1910lP2AOOO REPAIR R&I ASSEMBLY R&I ASSEMBLY REPAIR REFINISH 0.7 Surface 0.1 Two-stage 17230P2FAGO R&I ASSEMBLY R&I ASSEMBLY BLEND REFINISH 0.9 Blend 0.5 Two-stage RT R&I ASSEMBLY RT R&I ASSEMBLY RT R&I ASSEMBLY RT R&I ASSEMBLY RT R&I ASSEMBLY ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR ADDITIONAL LABOR SUBLET REPAIR REPAIR REPAIR REPLACE ECONOMY COMPLETE FRONT END 0623 L 14.8*1 3.6 4 L 0.2 1 2.0*1 0.2 1 0.2 1 3.0*1 0.8 4 30.10 TANK,COOLANT RECOVERY FENDER,FRONT LT MLDG,FENDER SIDE L/R MLDG, FENDER SIDE R/R SIDE MEMBER ASSEMBL RT SIDE MEMBER ASSEMBL RT E 0764 I 0103 RI 0124 RI 0125 I 0514 07 L 0514 0.1 2 0.5 1 0.5 1 1. 4 4 40.60 RESONATOR,AIR CLEANER MLDG,ROCKER PANEL LT MLDG,ROCKER PANEL RT PNL,FRONT DOOR OUTE RT E 0808 RI 0141 RI 0142 BR 0210 INC 1 0.3 1 0.3 1 0.3 1 0.5 1 1* 1* 1* 0.5*1* 0.4*1* 0.1*1* 0.1*1* 0.1*1* 1* 1* 2.0*1* 2.0*3* 1.0*3* 0.1*1* RI 0232 RI 0238 RI 0267 RI 0132 RI 0228 N N N N N N N N N SB I I I EC PNL,INNER DOOR TRIM MLDG,FRONT DOOR BEL MLDG,FRONT DOOR SID MIRROR,OUTER R/C HANDLE,FRONT DOOR 0 R-134 REFRIGERANT REFRIGERANT OIL FLEX ADDITIVE COLOR TINT PINSTRIPES-TAPE DISABLE AIR BAG DISABLE BATTERY CORROSION PROTECTION 2 WHEEL ALIGNMENT HAZARDOUS WASTE REMOVA UNIBODY SET-UP AND MEA CORRECT FRONT SWAY CORRECT RT FRONT SAG WASHER FLUID 8.50* 1.00* 8.00* 12.50* 10.00* 49.95* 3.00* 2.50* 32 ITEMS -2- ~998. HONDA CIVIC DX 2 DR COUPE CLAIM # PAE-0494769-83 DATE 03-02-05 LOG 1264 -0 MC MESSAGE 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS OTHER PARTS PAINT MATERIAL $ 70.70 $ 1,592.45 $ 260.00 ADJUSTMENTS DISCOUNT MARKUP LINE ITEMS $ 375.00 PARTS & MATERIAL TOTAL TAX ON PARTS & MATERIAL @ 6.000% $ 2,298.15 $ 137.89 LABOR RATE REPLACE HRS REPAIR HRS I-SHEET METAL $ 40.00 17.9 8.2 $ 1,044.00 2-MECH/ELEC $ 45.00 0.1 $ 4.50 3-FRAME $ 42.00 3.0 $ 126.00 4-REFINISH $ 40.00 13.0 $ 520.00 5-PAINT $ 20.00 LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET TOWING STORAGE @ 6.000% $ 1,694.50 $ 101. 67 $ 3.00 $ 0.18 @ 6.000% GROSS TOTAL LESS: DEDUCTIBLE $ 4,235.39 $ 500.00- NET TOTAL $ 3,735.39 PXN No ADP PENPRO W0410 ES LOG1264 (C) 1993 - 2004 -0 03-02-05 09:34:00 REL 4.10 SW12/04 DTOl/05 ADP CLAIMS SOLUTIONS GROUP, INC. 2.9 HRS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO A CRIMINAL AND CIVIL PENALTIES. ABBREVIATION LEGEND: LKQ = LIKE KIND IN QUALITY, A/M = AFTERMARKET, RECOND = RECONDITION, O/H= OVERHAUL, REPL = REPLACE, RPR = REPAIR, REFN = REFINISH, SECT = SECTION, R & I = REMOVE AND INSTALL, ALGN = ALIGN, SUBL = SUBLET, BLND = BLEND, ASSY= -3- MDW&6 1'.1 ( )ii~l \.1 i<.I.', .'\i:'.:;.1 .\1 'II \c \ ,\ I Tl,II,\),'!,,, ..'\:. ('()( _"_'II : "k:-- ,\! L\\\ TIIIPIIO'>,I F.\ISIMILI hI"! R:,>[j 1717) 243~3341 i 7(7) 14.1,1 X5D \\\Vw01Jwo,C(l!\l WiLl 1\\1 F J'vl\I(lsii\ .1011'\ B, F\)\\ill-!{ lJf DA'\JfI K Dr-_\IIi)()ll.Ii rHO\!\S J. \\"Ii 11\ \l~!< !V() V. OTTO [j] (i!'llR(jl' B. F\ 1.1 11,11<.* (\RI (' R:\Ul )),\\'11) A. FI17\i\III\,S J1..\\!!) R (1.\11_1)\\',\) ClflliS,!)l'!ll'l? F RI'1 11,,\.J!!l, I Sl'l\iI" ! lll_l.-\IZ\ ,\ l)l.\' I() E.\S! HI(IH Smll I C\KU"1 \. PI'~,,,\'\\ \:-"\.\ ('70\1, . n, '..Ii:, l '.1111' II ( ! il..,\, ";,' , ~ \- ;', August 15, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Jessica Peters 706 West King Street, )" Floor York, PA 17404 RE: Jonathan & AH\.ii~a Liss Our File No. 3050,362 Dear Ms. Peters: As you stated via our telephone conversation, you are willing to pay $25.00 each month until the remainder of your balance is paid in full. This oral settlement agreement was approved by my client. [am sending this letter to memorialize the agreement between Donegal Mutual Insurance Company and you. The total amount owed as of to day's date is $4,210.39 (damages plus cost of suit). After we receive your initial payment of$25.00 (remaining balance of $4, 185.39), your balance will accrue interest at 6%. Enclosed is a calculation of the amount of interest you will incur. We ask that you please acknowledge that you accept this agreement and are willing to pay the installment payments of $25.00 each month by signing this letter below and returning it in the envelope provided on or before August 31, 2005, along with your initial check of$25.00. Please remember, before the end of each month you must provide our office with a certified check or money order for at least $25 .00 until the entire balance is paid in full. All checks can be made payable to MDW &0 and sent to the address stated above. [fyou fail to make any payments, you agree to pay all reasonable attorney's fees, costs, and interests in the collection of this debt. You have also agreed that you will increase the amount when your financial situation improves and you provide Donegal with the right to increase their demand at any time. Very tru Iy yours, MARTSON DEARDORFF WILLIAMS & OTTO t~4L r ~ Christopher E. Rice 6- /" 'bve. -'--~ I agree to make payments and abide by the terms of this agreement as s CER/mmp Enclosure cc: Mr. Alfred K. Myers (P AE 049 47 6968) I:. \)'1 Ll:S\DA T AFl\- E\DonegaIJ050\Currem\J62\361 jp';: I " F il " 'I A T 1 il ~ A [) vie F EXHIBIT "B" AD\' () C i\ (' Y ."\1 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own, We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. )~~iPVJ Jo~athaP Liss '-1 t{M/~LA ,~~) Andrea Liss f. \1' I LESIDA T AI' J LE\Donegal3 050\CurrenlIJ 62\J62~om 10 "F" """ ~. ~ '" <::> -. ~ ~ ...0 ~ ~) ~ 'J Z -\-- c:J ...21 J:. ~ (7) ", .c'\ ~\ \;, ~j., 0) ro,:) C) -- - r<' "-.-' ~ <;:.' f - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006.01155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LISS JONATHAN ET AL VS PETERS JESSICA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PETERS JESSICA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 21st , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage So 18.00 9.00 10.00 24.78 .78 62.56 03/21/2006 MDW&O tR.. Thomas Kl ine Sheriff of Cumberland County Sworn and subscribed to before me this /7 e. day of 7h; J.OD ~ A . D . Prothonotary 0~ :r ' COUNTY OF Y$RK OFFICE OF tHE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 2 COURT NUMBER 06-1155 civil 4 TYPE OF VVRIT OR COMPLAINT Civil CaT(plaint C I CA 21)06-1155 1 PLAINTIFFI$I Jonathan Liss and Andrea Liss 3 DEFENDANT/51 T ' L P te uess1ca . e rs SERVE { . NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLO ...... Jessica L. Peters ..". 6 ADDRESS (STREET OR RFO VJITH BOX NUMBER. APT NO. CI'TY, BORO. TWP . STATE AND ZIP CODE) AT 706 West King Street, 1st Floor, York, PA 17404 1 lMD'CA1E SERVICE- Q, PERSOMAl Q PERSON IN CHARGE XIloEPUTIZE o~~~n Ll1ST CLASS MAJl U POSTED !..J OTHER NOW March 1 ,20~ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th~~ake retu~n t ccording to law This deputization being made at the request and risk of the plaintiff. r ~~< uP , . . SHERIFF OF YO COUNTY I. SPECIAL INSTRUCTIONS OR OTHER IN FORMA nON THAT IMLL ASSIST IN EXPEDITING ffll"fEo F CO U NT Y CUnber land ADVANCE FEE PAID BY ATTY. Please mail return of service to CUnberland County Sheriff. Thank you. NOTE: ONLY APPUCAllLE ON WRIT OF EXECUTION: M.B. WAIVER Of WATCHMAN - Any deputy lohenft levying upon Of attaching any property under withm wrIt may leave same without a w.u:hmln, '" CU$IOdy 01 whomever is found in possession. after notifying person of leVy or attachment. WIthout liabitity on the part of such deputy (Jt the sheri" to any plaintiff herem for ant Iou. deItruc:tion. or removal oIlny property before sheriffs sale thereof. 9. T'(fE NIIM!' OIlllAOORESS of I\TTORNEY I ORIGINATOR and SIGNATU 7 Chnstopher E. Rice, 10 East High St. Carlisle PA 1701 12. SEND NOJlCE OF SERVICE COPY TO NAME AND ADDRESS BELO area sl be completed If notice IS to be mailed) Chr1Stopher E. Rice, Esq., Martson Deardorff williams & otto 10 East Hi h Street Carli 1 10 TELEPHONE NUMBER 11. DATE FILEO 717-243-3341 2/2B/2006 13. I~recetptoflhewrit Olccmpoinl..__ MJ MCG ILLY 0 1.. HOW seRVED PERSONAL~ RESIDENCE~ POSTED ( J POE ( J SHERIFF'S OFfICE ( ) OTHER ( SEE REMARKS BELOW 17. 0 I hereby certifY' and return _ NOT FOUND beCause 11m unable to locale Ihe tndividual. compIny. etc. named above. (see remarks beJow.) t8. NAME AMO'TlTL \. SERVED lUST A.DDRESS HERE 'F NOT SHOYM-'BOVE (Re\lltionshipto Oetendanl) 19. 0.1e or $ervic:e 20. Time of Service j2;cr3 2 A Dale Twne Miles Int 41. AFFIRMED 42 day 01 of <- NO AR AL~K' NOTARY LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12,2009 ..=-~ C]?~ t-<. FOR:WILL A~M HOSE, SHERIFF 48 ,.~~~~~Ofeign 3/16/06 49 DATE ~ - ~ ~ <fJOl-*' '\ ---- ~t":" :\<'0- '", .~",. r. ^i'c,~.,; ~ ....:...H,_'_.J.~~'4.~...::1:~;;;.;; " "'-"" -', '~.'-, ,C. "." ,,'\','''' -~ -"'>t~i~f=-~~;,~~~:~~ '~'^" ,)()\a-t\~! c<bi'~) Ac, 'of ~-;"'"-"';iJ:ri(f"D1'-"~"'_~ ",',.,,"': _._J.......2 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OITO J.D. 90916 10 East High Street Carlisle, PA 17013 (7 \ 7) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN LlSS and ANDREA LlSS, Plaintiffs v. : NO. 2006-1155 JESSICA L. PETERS, : CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiffs and against Defendant in the amount of$4, 185.39, plus interest and costs of suit as prayed forin the Complaint, for failure to file an Answer to Plaintiffs' Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed tothe Defendant at the address indicated thereon, on May 16, 2006, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTTO By ~~r (1.-: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: July 13,2006 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.0. 90916 10 East High Street Carlisle, PAl 70 \3 (717) 243-3341 Attorneys for Plaintiff JONATHAN LlSS and ANDREA LlSS, : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. ; NO. 2006-1155 JESSICA L. PETERS, : CIVIL ACTION - LAW Defendant IMPORTANT NOTICE TO: JESSICA L. PETERS DATE OF NOTICE: May 16,2006 706 West King Street, 1" Floor, York, PA 17404 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENTMA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. .THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAMAGES WILL BE ASSESSED AGAINST YOU IN THE AMOUNT OF THE REPAIR ESTIMATE UNLESS YOU FILE A WRITTEN PRAECIPE WITHIN TEN (10) DAYS REQUESTING A TRIAL ON DAMAGES. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(7l7) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By ~4--L- 5; )(? Christopher E. Rice, Esquire Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO 1.0. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JONATHAN LISS and ANDREA LISS, ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. ; NO. 2006-1155 JESSICA L. PETERS, Defendant : CIVIL ACTION - LAW AFFIDAVIT OF APPRAISER I do depose and state that I am a licensed appraiser; that the appraisal of$4,235.39 attached hereto is true and correct and accurately sets forth the damages to the value of the 1998 Honda Civic owned by Jonathan Liss and Andrea Liss and; that I have been engaged in the appraisal business for .Lt years and am qualified and capable to evaluate the appraisal as attached; and the repairs were necessary and the value indicated thereon was the amount by which the damages to this automobile would fairly and reasonably have been evaluated. This staternentand appraisaJ are made subject to the penalties ofl8 Pa C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if! make knowingly false averments, I may be subject to criminal penalties. jlv1,c/1/'r~ b' <fi'Nt.Le'{ Print Name DONEGAL MUTUAL INSURANCE COMPANY 1195 RIVER ROAD P.O. SOX 302 MARIETTA, PA 17547-0302 (717) 426-1931 FAX: (717) 426-7023 CD LOG NO 1264 -0 DATE 03-02-05 ESTIMATE CLAIM INFORMATION CLAIM # PAE-0494769-83 COMPANY DONEGAL MUTUAL FAX (717) 426-7023 INSURED LISS CLAIMANT N/A FILE HNDLR DENISE SHEARER LOSS PAYEE NONE 2ND PAYEE N/A POLICY # N/A CLAIM REP 4748 WORK PH# (717) 426-1931 LOSS DATE 02-23-05 LOSS TYPE COLLISION FILE # N'/A ACCT # N/A INSPECTION TYPE PRIMARY POI APPRAISER NAME LICENSE # WORK PHONE ADDRESS CITY STATE ZIP FIELD FRONT END RIGHT DAVID MICKLEY 133454 (717) 259-5668 P.O. BOX 545 EAST BERLIN 17316- SECOND POI FAX INSP DATE LOCATION CITY STATE (717) 259-5682 03-02-05 SANG & SONS YORK PA PA OWNER LISS, ANDREA W. & JONATHAN 1050 OAKDALE DR. YORK PA 17403- WORK#(717) 851-2613 HOME # (717) 854-9180 REPAIR VEHICLE 1998 HONDA CIVIC DX 2 DR COUPE 4CYL GASOLINE 1.6 OPTIONS TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES POWER STEERING CONDITION VIN IHGEJ6126WLI08895 LICENSE # CODE H025 REMARKS: OP CODES: * = USER-ENTERED VALUE E = EC = REPLACE ECONOMY UC = EU = LIKE KIND & QUAL.PRT EP = PM = PXN REMAN/REBUILT TE = IT = PARTIAL REPAIR I REPLACE OEM RECONDITIONED PRT REPLACE PXN PARTL REPL PRICE = REPAIR NG = REPLACE NAGS UM = REMAN/REBUILT PRT PC = PXN RECONDITIONED ET = PARTL REPL LABOR L = REFINISH -1- DATE 03-02-05 LOG 1264 -0 1998 HONDA CIVIC DX 2 DR COUPE ~IM # PAE-0494769-83 CG = CHIPGUARO RI = R&I ASSEMBLY RP = RELATED PRIOR TT = TWO-TONE N = ADDITIONAL LABOR AA = APPEAR ALLOWANCE BR = BLEND REFINISH So = SUBLET P = CHECK UP = UNRELATED PRIOR PRICE AJ% B% HOURS R MFR. PART NO. OP GDE MC DESCRIPTION 7.2 4 REFINISH 6.0 Surface 1.2 Two-stage EU 0619 07 SECTION, FRONT BODY RT LIKE KIND & QUAL. 1,500.00* +25 >>Located Aurnillers 1-800-692-7463 Quote # 45275 L 0006 COVER, FRONT BUMPER REFINISH 2.5 Surface 0.6 Two-stage setup 0.5 Two-stage E 0764 TANK, COOLANT RECOVERY 19101P2AOOO I 0103 FENDER, FRONT LT REPAIR RI 0124 MLDG,FENDER SIDE L/R R&I ASSEMBLY RI 0125 MLDG,FENDER SIDE RIR R&I ASSEMBLY I 0514 07 SIDE MEMBER ASSEMBL RT REPAIR L 0514 SIDE MEMBER ASSEMBL RT REFINISH 0.7 Surface 0.1 Two-stage l7230P2FAOO R&I ASSEMBLY R&I ASSEMBLY BLEND REFINISH 0.9 Blend 0.5 Two-stage PNL,INNER DOOR TRIM RT R&I ASSEMBLY MLDG,FRONT DOOR BEL RT R&I ASSEMBLY MLDG,FRONT DOOR SID RT R&I ASSEMBLY MIRROR, OUTER RIC RT R&I ASSEMBLY HANDLE, FRONT DOOR 0 RT R&I ASSEMBLY R-134 REFRIGERANT ADDITIONAL LABOR REFRIGERANT OIL ADDITIONAL LABOR FLEX ADDITIVE ADDITIONAL LABOR COLOR TINT ADDITIONAL LABOR PINSTRIPES-TAPE ADDITIONAL LABOR DISABLE AIR BAG ADDITIONAL LABOR DISABLE BATTERY ADDITIONAL LABOR CORROSION PROTECTION ADDITIONAL LABOR 2 WHEEL ALIGNMENT ADDITIONAL LABOR HAZARDOUS WASTE REMOVA SUBLET UNIBODY SET-UP AND MEA REPAIR CORRECT FRONT SWAY REPAIR CORRECT RT FRONT SAG REPAIR WASHER FLUID REPLACE ECONOMY COMPLETE FRONT END 0623 L 14.8*1 3.6 4 0.2 1 2.0*1 0.2 1 0.2 1 3.0*1 0.8 4 30.10 0.1 2 0.5 1 0.5 1 1.4 4 40.60 RESONATOR, AIR CLEANER MLDG,ROCKER PANEL LT MLDG,ROCKER PANEL RT PNL,FRONT DOOR OUTE RT E 0806 RI 0141 RI 0142 BR 0210 INC 1 0.3 1 0.3 1 0.3 1 0.5 1 1* 1* 1* 0.5*1* 0.4*1* 0.1*1* 0.1*1* 0.1*1* 1* 1* 2.0*1* 2.0*3* 1. 0*3* 0.1*1* 0232 0236 0267 0132 0228 RI RI RI RI RI N N N N N N N N N SB I I I Ee 8.50* 1.00* 8.00* 12.50* 10.00* 49.95* 3.00* 2.50* 32 ITEMS -2- 1998. HONDA CIVIC DX 2 DR COUPE ''=U,IM # PAE-0494769-83 MC MESSAGE 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR DATE 03-02-05 LOG 1264 -0 FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS OTHER PARTS PAINT MATERIAL $ 70.70 $ 1,592.45 $ 260.00 ADJUSTMENTS DISCOUNT MARKUP LINE ITEMS $ 375.00 PARTS & MATERIAL TOTAL TAX ON PARTS & MATERIAL @ 6.000% $ 2,298.15 $ 137.89 LABOR RATE REPLACE HRS REPAIR HRS I-SHEET METAL $ 40.00 17.9 8.2 $ 1,044.00 2-MECH/ELEC $ 45.00 0.1 $ 4.50 3-FRAME $ 42.00 3.0 $ 126.00 4-REFINISH $ 40.00 13.0 $ 520.00 5-PAINT $ 20.00 LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET TOWING STORAGE @ 6.000% $ 1,694.50 $ 101. 67 $ 3.00 $ 0.18 @ 6.000% GROSS TOTAL LESS: DEDUCTIBLE $ 4,235.39 $ 500.00- $ 3,735.39 NET TOTAL PXN No ADP PENPRO W0410 ES LOG1264 -0 03-02-05 09:34:00 REL 4.10 SW12/04 DT01/05 (C) 1993 - 2004 ADP CLAIMS SOLUTIONS GROUP, INC. 2.9 HRS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO A CRIMINAL AND CIVIL PENALTIES. ABBREVIATION LEGEND: LKQ = LIKE KIND IN QUALITY, AIM = AFTERMARKET, RECOND = RECONDITION, O/H= OVERHAUL, REPL = REPLACE, RPR = REPAIR, REFN = REFINISH, SECT = SECTION, R & I = REMOVE AND INSTALL, ALGN = ALIGN, SUBL = SUBLET, BLND = BLEND, ASSY= -3- Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO !.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JON A THAN LISS and ANDREA LISS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs V. : NO. 2006-1155 JESSICA 1. PETERS, CIVIL ACTION - LAW Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at 706 West King Street, 1st Floor, York, P A 17404. Said Defendant's place of employment is unknown. ~~).~ Christopher E. Rice, Esquire Sworn to and subscribed before me this 13tL day of~, 2006. tij 1ft (~) No ubhc COMMONWEALlH OF PENNSYLVANIA Notarial Sea' Mary M. Price. Notary Public Carlisle Boro. Cumberland County My Commission Expires Aug. 18, 2007 Member, Pennsvlvanla Association of Notaries Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO !.D, 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JONATHAN LISS and ANDREA LISS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2006-1155 JESSICA 1. PETERS, : CIVIL ACTION - LAW Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTS ON, DEARDORFF, WILLIAMS & OITO, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, anotice of intention to enter default judgment against the Defendant was given to her by mail on May 16,2006. U-~ '7. tZ.,.'- Christopher E. Rice, Esquire Sworn to and subscribed before me this ~ day Of~, 2006. ~~G~ Not ubhc COMMONWEALtH OF PENNSYLVANIA Notarial Seal !1al)' M. Price, Notal)' Public CarlISle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Ms. Jessica L. Peters 706 West King Street, I" Floor York, PA 17404 MARTS ON DEARDORFF WILLIAMS & OTTO By ~vtQ~ M . Price Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: 1/13)06 ~~ ~ ~ ~ ~ ~r . ~ ~ ~ ~ \'" ~ ~ -f ..~) _on \::':-~ t- 1.;, ,- c.:) .' r") , . .. " Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OITO !.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JONATHAN LISS and ANDREA LISS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2006-1155 JESSICA 1. PETERS, : CIVIL ACTION - LAW Defendant TO: JESSICA L. PETERS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the I~ay of.. J~ ,2006, the following Judgment was entered against you in the above-captioned action: jUd~ount of$4, 185.39, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Date: ~ 1,_" lor. +j I I hereby certifY that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Jessica L. Peters 706 West King Street, I" Floor York, 17304