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Home My WebLink About03-1631 STATE FARM INSURANCE COMPANIES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - 11.'6/ Q;U'L(~\ JASON TONKOVIC Defendant CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fol/owing pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 STATE FARM INSURANCE COMPANIES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ()~ - /1.:,31 CIVIL ACTION - LAW G..;,( ~'in.."I JASON TONKOVIC Defendant COMPLAINT 1. The Plaintiff is a corporation engaged in the insurance business and having a regional office located at P.O. Box 41, ConCOrdville, Pennsylvania 19331, 2. Defendant Jason Tonkovic is an adult individual residing at 1550 Williams Grove Road, Mechanicsburg, Pennsylvania 17055. 3. At all times relevant hereto, Plaintiff issued a pOlicy of insurance covering a 1995 Ford Escort, owned by John J. Rhan, now deceased. 4. Solely as a result of Defendant's negligence as set forth herein, Plaintiff paid damages to John J. Rhan in the amount of THREE THOUSAND THREE HUNDRED AND SIX and 71/100 ($3,306.71) DOLLARS, for which Plaintiff is subrogated in this action. 5. The facts and occurrences hereinafter related took place on or about March 13, 2002, at the intersection of Park Avenue and Allen Street in the Borough of New Cumberland. 6. At the time and place aforesaid, Mr. Rhan was the owner of a 1995 Ford Escort, which was then and there being operated south on Allen Street by Kristen Marshal/. 7. At the time and place aforesaid, Defendant was the owner and operator of a motor vehicle proceeding east on Park Avenue. S. At the time and place aforesaid, Defendant failed to stop for the stop sign for traffic traveling on Park Avenue, and entered the intersection directly into the path of Mr. Rhan's vehicle resulting in a collision and the damages hereinafter set forth, 9. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant in that he: a) failed to yield the right-of-way; b) failed to stop for a stop sign at the intersection; c) failed to keep a proper lookout for other vehicles; and d) was otherwise careless and negligent in striking the Plaintiff's vehicle, 8, Solely as a result of the Defendant's negligence, Mr. Rhan sustained damages to his vehicle in the amount of THREE THOUSAND THREE HUNDRED SIX and 71/100 ($3,306.71) DOLLARS. 2 THEREFORE, Plaintiff demands jUdgment against the Defendant in an amount not in excess of mandatory arbitration limits. Dated: I..{ JJ () 2> Respectfully submitted, WIX, WENGER & WEIDNER By R~ tI Wx Richard H, Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 I VERIFICATION I, Tom Whartnaby, a Claim Representative for State Farm Insurance Companies, have read the foregoing Complaint which has been drafted by counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C,S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Dale: 4/7/03 r:'h - SHERIFF'S RETURN - REGULAR - CASE NO: 2003-01631 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND -- - .:PI STATE FARM INSURANCE COMPANIES VS TONKOVIC JASON CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TONKOVIC JAOSN the - - ..... .. DEFENDANT at 2117:00 HOURS, on the 6th day of May 2003 .. .. at 1550 WILLIAMS GROVE ROAD LOT 110 - MECHANICSBURG, PA 17055 by handing to - .... '.. ,.. JASON TONKOVIC a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.42 .00 10.00 .00 40.42 So Answers: ,~~a~~.. ~,. f' ...y,i~~ d .r- ".;,...t~ ~ #".,,,;-.,,,(..1C:"'~-~"1 " ...,~~ R. Thomas Kline "'!II! . .. iii .. . ... 41 .. 05/07/2003 WIX WENGER .. ;jj .. Sworn and Subscribed to before By: me this /~ ~ day of ~ \~ A.D, ~ t2 /iuil-~ ,On: P othonotary I ~J Stare F'C'lrm TsnrC'lnr.p Co. vs Case No. 03-163] Tonkovic Statement of Intention to Proceed To the Court: " Plaintiff intends to proceed with the above captioned matter. Print Name Richard H. Wix, Esq. Sign Name Date: 1 0 I ? 0 I 0 6 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230,2 goveming the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. L Rule of civil Procedure New Rule of Civil Procedure 230,2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure, The termination of these cases for inactivity was previously govemed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230,2 is tailored to the needs of civil actions, It provides a complete procedure and a uniform statewide practice, preempting local rules, This rule was promulgated in response to the decision of the Supreme Court in Shop v, Eagle, 551 Pa, 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 190 I," Rule of Judicial Administration 190 I (b) has been amended to accommodate the new rule of civil procedure, The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable, 11 Inactive Cases The purpose of Rule 230,2 is to eliminate inactive cases from the judicial system. The process is initiated by the court, After giving notice of intent to terminate an action for inactivity, the course ofthe procedure is with the parties, If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute," If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue, a, Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230( d) for relief from the order of termination, An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed, The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action, If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2), B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230,2, a c ~ -u CC; me ~;;:.;':;.-T ..., i~~:: t~l.: -;;;:0- ~'~ f"..:l c:::::l c:::::l a" o CJ -I N (..) -0 3:. ~ ~.~ :80 O(:S ~ ::r{ '20 "''-lTl ~ ~ tf! o c..".,