HomeMy WebLinkAbout08-2854
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL Civil Division
AUTOMOBILE INSURANCE
COMPANY, No. OS +.28s?I ?? u t
Plaintiff,
COMPLAINT IN CIVIL ACTION
V.
IRDIZ HRNJIC and RAMIZA
HRNJIC,
Defendants. (Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#16212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,
V.
IRDIZ HRNJIC and RAMIZA
HRNJIC,
Defendants.
Civil Division
No.
NOTICE TO DEFEND
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 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 COURT ADMINISTRATOR
4T" FLOOR, CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,
V.
IRDIZ HRNJIC and RAMIZA
HRNJIC,
Defendants.
Civil Division
No. 1-9 Q - -? S,3-T al-4 7-ct,,_
COMPLAINT IN CIVIL ACTION
AND NOW, comes the Plaintiff, State Farm Mutual Automobile Insurance
Company, by and through its attorneys, Summers, McDonnell, Hudock, Guthrie &
Skeel, L.L.P., and Stephen J. Summers, Esquire, and Kevin D. Rauch, Esquire, and
files the following Complaint in Civil Action, and in support thereof avers as follows:
1. Plaintiff, State Farm Mutual Automobile Insurance Company (hereinafter
"State Farm"), is an Illinois mutual company with a principal place of business in
Bloomington, Illinois. Plaintiff is licensed to transact insurance business in the
Commonwealth of Pennsylvania.
2. Defendants, Irdiz and Ramiza Hrnjic are adult individuals who reside at 6
Kingsbridge Circle, Carlisle, Pennsylvania 17013.
3. At all times relevant hereto, Defendants insured a 2002 Mercedes Benz
ML500 under a policy of insurance issued by Plaintiff which provided collision coverage.
4. On May 3, 2006, the Defendants' vehicle was damaged.
5. Defendants subsequently made a claim to Plaintiff for the property
damage and were issued two checks by State Farm totaling $2,746.63.
6. In the spring of 2007, the Defendants' vehicle was repossessed by Citadel
Federal Credit Union. It was at this point that Plaintiff learned that the repairs for which
Defendants received payment were never made.
7. Citadel Federal Credit Union sought the difference between the remaining
loan amount and the actual cash value of the vehicle at the time of its repossession.
Thus, Plaintiff made a second payment in the amount of $2,746.63, despite having
issued a payment in this amount previously.
8. As Plaintiff made a double payment on the same vehicle, Defendants
have been unjustly enriched.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company
seeks judgment in its favor and against Defendants in the amount of $2,746.63 plus
attorney's fees, interest and costs.
Respectfully submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHP)E & SKEEL,?,.L.P.
BY:
'St phen J. ummers, Esquire
K vin D. R uch, Esquire
A orneys for Plaintiff,
State Farm Mutual Automobile Insurance Co.
VERIFIED STATEMENT
I, Kevin D. Rauch, Esquire, being the attorney for the Plaintiff, Kevin D. Rauch,
Esquire, in the within action, am duly authorized to make this Verified Statement on the
Plaintiffs behalf. I hereby verify that the statements set forth in the foregoing
COMPLAINT IN CIVIL ACTION are true and correct to the best of my information and
belief based upon knowledge obtained from the Plaintiff.
I understand that false statements made herein are subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsifications to authorities.
D. Raucq, Esquire
el for Plaintiff
Dated: ??
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CASE NO: 2008-02854 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM MUTUTAL AUTO INS CO
VS
HRNJIC IRDIZ ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according
says, the within COMPLAINT & NOTICE to law,
was served upon
HRNJIC IRDIZ
DEFENDANT the
at 2058:00 HOURS, on the 12th day of May
at 6 KINGSBRIDGE CIRCLE 2008
CARLISLE, PA 17013
RAMIZA HRNJIC by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents
Additional Comments
thereof.
'T'RANSLATED BY ALDIN BAJRIC
Sheriff's Costs:
Docketing
Service 18.00
Postage 5.00
Surcharge 5
10.00
0
-1
`55-p ?/ . 00
33
. 5 9
Sworn and Subscibed to
before me this
day
of
So Answers:
t
R. Thomas Kline
05/13/2008
SUMMERS MCDONNELL HUDOCK
By: ? Deputy Sheriff
A.D.
.r
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02854 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM MUTUTAL AUTO INS CO
VS
HRNJIC IRDIZ ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according
says, the within COMPLAINT & NOTICE to law,
was served upon
HRNJIC RAMIZA
the
DEFENDANT
at 2058:00 HOURS, on the 12th day of May
at 6 KINGSBRIDGE CIRCLE 2008
CARLISLE, PA 17013
by handing to
RAMIZA HRNJIC
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof. Comments
TRANSLATED BY ALDIN BAJRIC
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
00
J 1 0
So Answers:
Sworn and Subscibed to
before me this
day
of
R. Thomas Kline
05/13/2008
SUMMERS MCDONNELL HUDOCK
By: Deputy Sheriff
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL Civil Division
AUTOMOBILE INSURANCE
COMPANY, No. 08-2854
Plaintiff,
PRAECIPE FOR DEFAULT
V. JUDGMENT AGAINST DEFENDANT
RAMIZA HARNJIC
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants. (Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#16212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
Civil Division
No. 08-2854
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO: MICHAEL LAMB, PROTHONOTARY
Kindly enter a Default Judgment against Defendant, Ramiza Harnjic, and in favor of
the Plaintiff in the amount of $2,746.63 plus attorney's fees, interest and costs in the
above captioned matter. Attached hereto is a copy of the 10-Day Important Notice that
was served upon the Defendant by U.S. Mail on June 4, 2008.
Respectfully submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
BY: ?- ?
Stephe J. Summ squire
Attorneys for Plai iff,
State Farm Mutual Automobile Ins. Co.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
00,1'6212
Civil Division
No. 08-2854
TEN DAY NOTICE TO DEFENDANT
RAMIZA HARNJIC
(Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
TO: Ramiza Harnjic
6 Kingsbridge Circle
Carlisle, PA 17013
DATE OF NOTICE: June 4, 2008
Civil Division
No. 08-2854
IMPORTANT NOTICE
YOU ARE IN DEFAULT because you have failed to enter a written appearance
personally or by attorney and file in writing with the court your defenses or objections to
the claims set forth against you. Unless you act within ten days from the date of this notice,
a judgment may 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 an 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.
CUMBERLAND COUNTY COURT ADMINISTRATOR
4T" FLOOR, CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
SUMMERS, McDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P.
BY:
Stephen J. Summers, Esquire
Attorneys for Plaintiff, State Farm Mutual
Automobile Insurance Company.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within TEN DAY NOTICE, was
served upon Defendant by mailing the same via first class mail, postage pre-paid, this 4"'
day of June, 2008, addressed as follows:
Ramiza Harnjic
6 Kingsbridge Circle
Carlisle, PA 17013
SUMMERS, MCDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P.
k
BY:
ephen J. Summers, Esquire
Attorneys for Plaintiff,
State Farm Mutual Automobile Insurance Co.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
Civil Division
No. 08-2854
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff (XX) Defendant ( )Garnishee ( )Additional Defendant
You are hereby notified that the following Order, Decree or Judgment has been entered
against you on -T o8
() Decree Nisi in Equity.
() Final Decree in Equity.
(XX) Judgment of ( ) Confession () Verdict () Court Order
(XX) Default () Non-Suit
( ) Non-Pros () Arbitration Award
(XX) Judgment in the amount of $ plus costs.
() District Justice Transcript of Judgment in the amount of $ plus costs.
(XX) If not satisfied within sixty (60) days, your motor vehicle operator's license
will be suspended by the Pennsylva ' ep Transportation.
RO O ARY
By.
Deputy
If you have any questions concerning the above, please contact:
Name of (Attorney/Filing Party) Erin M. Braun, Esquire
Address The Gulf Tower, Suite 2400, 707 Grant St. Pittsburgh, PA 15219
Telephone Number (412) 261-3232
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL Civil Division
AUTOMOBILE INSURANCE
COMPANY, No. 08-2854
Plaintiff,
PRAECIPE FOR DEFAULT
V. JUDGMENT AGAINST DEFENDANT
IRDIZ HARNJIC
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants. (Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#16212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
Civil Division
No. 08-2854
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO: MICHAEL LAMB, PROTHONOTARY
Kindly enter a Default Judgment against Defendant, Irdiz Hamjic, and in favor of the
Plaintiff in the amount of $2,746.63 plus attorney's fees, interest and costs in the above
captioned matter. Attached hereto is a copy of the 10-Day Important Notice that was
served upon the Defendant by U.S. Mail on June 4, 2008.
Respectfully submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
BY:
Stephen J. Sumord, Esquire
Attorneys for PI intiff,
State Farm Mutual Automobile Ins. Co.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
#16212
Civil Division
No. 08-2854
TEN DAY NOTICE TO DEFENDANT
IRDIZ HARNJIC
(Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE) Civil Division
COMPANY, )
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
TO: Irdiz Hamjic
6 Kingsbridge Circle
Carlisle, PA 17013
DATE OF NOTICE: June 3, 2008
No. 08-2854
IMPORTANT NOTICE
YOU ARE IN DEFAULT because you have failed to enter a written appearance
personally or by attorney and file in writing with the court your defenses or objections to
the claims set forth against you. Unless you act within ten days from the date of this notice,
a judgment may 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 an 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.
CUMBERLAND COUNTY COURT ADMINISTRATOR
4T" FLOOR, CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
SUMMERS, McDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P
BY:
Stephen J. Summers, Esquire
Attorneys for Plaintiff, State Farm Mutual
Automobile Insurance Company.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within TEN DAY NOTICE, was
served upon Defendant by mailing the same via first class mail, postage pre-paid, this 4t'
day of June, 2008, addressed as follows:
Irdiz Harnjic
6 Kingsbridge Circle
Carlisle, PA 17013
SUMMERS, MCDONNELL, HUDOCK, GUTHRIE
& SKEEL, L.L.P.
BY: i7
Stephen J. Summers, Esquire
Attorneys for Plaintiff,
State Farm Mutual Automobile Insurance Co.
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C.0 :.L3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Civil Division
Plaintiff,
V.
No. 08-2854
IRDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff (XX) Defendant ( )Garnishee ( )Additional Defendant
You are hereby notified that the following Order, Decree or Judgment has been entered
against you on 61/1,7110,
() Decree Nisi in Equity.
() Final Decree in Equity.
(XX) Judgment of ( ) Confession () Verdict () Court Order
(XX) Default () Non-Suit
( ) Non-Pros () Arbitration Award
(XX) Judgment in the amount of $ oo? 746, L3 , plus costs.
() District Justice Transcript of Judgment in the amount of $ plus costs.
(XX) If not satisfied within sixty (60) days, your motor vehi le operator's license
will be suspended by the Pennsylva ' De Transportation.
O
By.
Deputy
If you have any questions concerning the above, please contact:
Name of (Attorney/Filing Party) Erin M. Braun, Esquire
Address The Gulf Tower, Suite 2400, 707 Grant St. Pittsburgh, PA 15219
Telephone Number (412) 261-3232
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL Civil Division
AUTOMOBILE INSURANCE
COMPANY, No. 08-2854
Plaintiff,
V. PRAECIPE TO SATISFY JUDGMENT
AND SETTLE AND DISCONTINUE
IKDIZ HARNJIC and RAMIZA
HARNJIC,
Defendants. (Jury Trial Demanded)
Filed on behalf of:
State Farm Mutual Automobile
Insurance Company,
Plaintiff.
Counsel of Record for this Party:
Stephen J. Summers, Esquire
Pa. I.D. #40213
SUMMERS, MCDONNELL, HUDOCK
GUTHRIE & SKEEL, L.L.P.
Firm # 911
2400 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
#16212
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
COMPANY,
Plaintiff,
V.
IRDIZ HARNJIC and RAMIZA
HARNJIC.
Defendants.
Civil Division
No. 08-2854
PRAECIPE TO SATISFY JUDGMENT AND SETTLE AND DISCONTINUE
TO: Prothonotary:
Kindly mark the judgment in the above captioned case SATISFIED and mark the
docket "Settled and Discontinued."
Respectfully submitted,
SUMMERS, MCDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
BY:
Erin M. Braun, Esquire
Attorneys for Plaintiff,
State Farm Mutual Automobile Company.
MD-t ?i JCE
OF THE PROTHONOTARY
2009 SEP -8 PM 3' 00
f a
=JUUs?ST
PENNSYLVANIA.