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Home My WebLink About01-6008COMPLAINT - ARBITRATION LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW KEVIN P. KENDIG, 74 Kline Rd., Shippensburg, PA 17257 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 as subrogee of Plaintiff KEVIN P. KENDIG Plaintiffs, VS. PAUL KENDIG, 4357 Roxbury Rd., Shippensburg, PA 17257 Defendants. No.: 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 an 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 that 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 CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 COMPLAINT - ARBITRATION LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW KEVIN P. KENDIG, 74 Kline Rd., Shippensburg, PA 17257 and NATIONWIDE INSURANCE COMPANY, No.: Ot~ t,,oo £ ~ '-[---t,.-. P.O. Box 2655, Harrisburg, PA 17105 as subrogee of Plaintiff KEVIN P. KENDIG Plaintiffs, VS. PAUL KENDIG, 4357 Roxbury Rd., Shippensburg, PA 17257 Defendants. COMPLAINT 1. Plaintiff Kevin P. Kendig is an adult individual residing at 74 Kline Road, Shippensburg, Pennsylvania, Cumberland County, Pennsylvania 17257 (Hereinafter "Plaintiff Kevin Kendig') 2. Plaintiff Nationwide Insurance Company is a corporation, registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, with an address of P.O. Box 2655, Harrisburg, PA 17105. (Hereinafter "Plaintiff Nationwide") 3. Defendant Paul Kendig is an adult individual residing at 4357 Roxbury Road, Shippensburg, Pennsylvania 17257. (Hereinafter "Defendant Paul Kendig") 4. On or about October 21, 1999, Plaintiff Kevin Kendig was the owner of a garage situated on property located at 74 Kline Street, Shippensburg, Cumberland County, Pennsylvania 17257. (Hereinafter "the garage") 5. At the date and time aforesaid, Plaintiff Kevin Kendig was the owner of a 1997 Harley Davidson Sportster motorcycle which was being stored by Plaintiff Kevin Kendig in the garage. (Hereinafter "the 1997 Harley Sportster") 6. At the date and time aforesaid, Plaint iff Kevin Kendig was also the owner of a 2000 Harley Davidson Sportster motorcycle which was also being stored by Plaintiff Kevin Kendig in the garage. (Hereinafter "the 2000 Harley Sportster") 7. At ail times relevant hereto, Plaintiff Nationwide issued an automobile liability policy to Plaintiff Kevin Kendig, which covered the 1997 Harley Sportster and the 2000 Harley Sportster, and which was in full force and effect. 8. At the date and time aforesaid, Defendant Paul Kendig was using an acetylene torch to weld a baler in the garage. 9. As a direct, proximate, legal, and efficient result of Defendant Paul Kending's welding, a spark from the welding torch ignited a fire in the garage. 10. As a further direct, legal, proximate, and efficient result of Defendant Paul Kendig's welding, the garage was totally consumed by fire, including the 1997 Harley Sportster as well as the 2000 Sportster, which were being stored in the garage. 11. The damages set forth above were in no way caused by the actions or inactions of the Plaintiffs. 12. Pursuant to its above-mentioned policy of insurance, Plaintiff Nationwide compensated Plaintiff Kevin Kendig in the amount of $17,795.50 and Plaintiff Kevin Kendig paid two $500.00 deductibles, for a grand total of $18,795.50 in damages. 13. Plaintiff Nationwide is now entitled to the statutory, legal, contractual, and equitable right of Subrogation, of the above amounts, which total $17,795.50, and is thus entitled to all settlements, payments, judgments, and the like, from the Defendant/tortfeasor up to that amount, and Plaintiff Kendig is entitled to the $1000.00 he paid in deductibles. WHEREFORE, Plaintiffs demand that judgment be entered against Defendant and for Plaintiffs in an amount in excess of $17,795.50, exclusive of interest and costs, but less than the jurisdictional level for arbitration, along with such other further relief as may be necessary and proper. By: Respectf~~ ~L JOHNSTON, JR. Allentown, PA 18105-1995 (610) 437-5001 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.: I, L. PAUL JOHNSTON, JR., ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa.R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory materials in the file. The reason this verification is made on Plaintiffs' behalf is because Plaintiffs were unable to come to Plaintiffs' Counsel's office in the time required for execution, and this verification can be replaced with a verificatio~amtiff upon written request. . PAL,~.~U.~'JOHNSTON, JR., ESQUIRE Attorney I.D. No. 68774 SWORN TO AND SUBSCRIBED before me this [~' th day of 0o.~ ~4 ,2001. Notary Public 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 My Commission Expires: SHERIFF'S RETURN - C~SE NO: 2001-06008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KENDIG KEVIN P ET AL VS KENDIG PAUL OUT OF COUNTY 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: KENDIG PAUL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRA/qKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th , 2001 , this office was in receipt of the attached return from FRANKLIN Sheriff.s Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 40.70 .00 77.70 11/30/2001 L PAUL JOHNSTON JR R ./Thomas Kl-ine Sheriff of Cumberland County Sworn and subscribed to before me this /2~ day of ~ ~/ A.D. / ; Prothonotary' Iff The Court of Common Pleas of Cumberland County, Pennsylvania Kevin P. Kendig VS. Paul Kendig SERVE: same No. 01 6008 civil Now, November 5 ,20. Ol _, I, SHERIFF OF CLrMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cmmberland County, PA NOW~ within Affidavit of Service , 20 at o'clock ~ M. served the upon at by handing to and made Imown to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20¸ Sheriffof COSTS SERVICE MILEAGE AFFDAVIT County, PA SHERIFF'S RETURN - CkSE NO: 2001-60080 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF~ KENDIG KEVIN P VS KENDIG PAUL REGULAR RONALD H WIEG~kND , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KENDIG PAUL the , at 1515:00 Hour, on the 16th day of November , 2001 at 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 DOROTHY KEN-DIG (WIFE) a true and attested copy of NOTICE AND COMPLAINT by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 9.00 Service 9.00 RONALD H WIEGAND Affidavit 4.00 ~ ~ ~,/~_~_.~.~ Surcharge 10.00 By Mileage 8.70 'Deputy Sheriff/ 11/20/2001 L PAUL JOHNSTON JR 40.70 Sworn and Subscribed to before me t~ ~-~ day of I Ch -a?.9~,~,s'~"~ Notary Public I Jesse R. Ruhl, Esquire Attorney I.D. No. 55798 350 West Market S~eet York, PA 17401 (717) 8544)066 (717) 8544339 KEVIN P. KENDIG and NATIONWIDE INSURANCE CO. PAUL E. KENDIG, Plaintiffs, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6008 CIVIL TERM Defendant. ANSWER WITH NEW MATTER NOW COMES Defendant Paul Kendig, by his attorney, Jesse Raymond Ruhl, Esquire, and files the within Answer to Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 7 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at thai. 8. Admitted. Denied. It is specifically denied that a spark fi:om the welding torch ignited a fire in the garage. 10. Denied. It is specifically denied that the fire was caused by Defendant's welding. 11. Denied. It is specifically denied that the damages were not caused by the actions or inactions of the Plaintiffs. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments contained in paragraph 12 of Defendant's New Matter. Strict proof thereof, if relevant, is demanded at trial. 2 13. Denied. It is denied that Plaintiffs are entitled to subrogate against Defendant. WHEREFORE Defendant Paul E. Kendig demands judgment in his favor and against Plaintiffs, together with costs. NEW MATTER 14. Defendant has already compensated Plaintiff Kevin Kendig for this loss pursuant to the judgment entered by the Court of Common Pleas of Cumberland County, Civil Action No.: 00-6052 Civil Term. WHEREFORE Defendant Paul E. Kendig demands judgment in his favor and against Plaintiffs, together with costs. February 11, 2002 LAW OFFICE OF JESSE RAYMOND RUHL ~~54~9~/' ~'~.~ Esquire 350 West Market Street York, PA 17401 (717) 854-0066 (717) 854-4339 (fax) Attorney for Defendant Certificate of Service I hereby certify that on February 11, 2002, a tree and correct copy of the foregoing Answer with New Matter was served by first class mail, postage prepaid, upon the following: L. Paul Johnston, Jr., Esq 1144 W. Hamilton St. P.O. Box 1995 Allentown, PA 18105-1995 Holly L. Belt 4