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HomeMy WebLinkAbout04-0855JACK KENDLE, IN THE COURT OF COMMON PLEAS Plaintiff NO. 014 - ?ss (2t0 ?LC-7? CIVIL ACTION - LAW DEREK STRECKLINE, Defendant 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 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, 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. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en [as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despu6s de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JACK KENDLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (-)14- P&S (20* ?l?_Q_ l DEREK STRECKLINE, CIVIL ACTION - LAW Defendant COMPLAINT 1. The Plaintiff is an adult individual residing at 310 Tichy Drive, Mt. Holly Springs, Pennsylvania 17065. 2. The Defendant is an adult individual residing at 1 East Main Street, Apt. 6, New Bloomfield, Pennsylvania 17022. 3. The facts and occurrences hereinafter related took place on or about April 15, 2002 in the 6000 block of the Carlisle Pike, at the Menike Station, Silver Spring Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid Jack Kendle was the owner of a 1999 Pontiac Grand Am which was then and there turning into the Menike station parking lot when Defendant Streckline, the owner and operator of a 1991 Nissan Sentra, struck the rear end of Plaintiff's vehicle, causing the damages hereinafter set forth. 5. The aforesaid accident and damages resulting therefrom were caused by the negligence of Defendant Steckline in that he: a) failed to keep a proper lookout for other vehicles; b) operated his vehicle at a speed to fast for conditions then and there existing; c) failed to bring his vehicle to a stop before striking the rear end of Plaintiff's vehicle; and d) was otherwise negligent and careless in the operation of his vehicle. 6. Solely as a result of Defendant's negligence, Plaintiff sustained damages to his vehicle in the amount ONE THOUSAND NINE HUNDRED SEVENTY-TWO and 16/100 ($1,972.16) DOLLARS. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER Dated: -2bduy By ? ?? 'z` Richard H. Wix, Esq., ID#07274 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Attorneys for Plaintiff 2 VERIFICATION I, Jack Kendle, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my I<now!cdgo, informati: ?, Lind belief. !am authoriz--d 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. Date: ad I I I Ol ?" 0' 4 Jack KBridle N 0 lJ 0 16Q CIr cl, GI Yom; SHERIFF'S RETURN - REGULAR CASE NO: 2004-00855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KENDLE JACK VS STRECKLINE DEREK GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STRECKLINE DEREK the DEFENDANT at 1933:00 HOURS, on the 9th day of March 2004 at LOWES 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to DEREK STECKLINE 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 6.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 22.21 Sworn and Subscribed to before me this day of ?lt k o2??F A.D. rothonotary So Answers: R. Thomas Kline 03/10/2004 WIX WENGER WEIDNER By An Deputy Sh ff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KENDLE JACK VS STRECKLINE DEREK 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: STRECKLINE DEREK but was unable to locate Him deputized the sheriff of PERRY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 10th , 2004 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Perry County 20.00 .00 57.00 03/10/2004 WIX WENGER WEIDNER So answ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this IS day of . ft4 A. D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Jack Kendle vs. Derek Streckline SERVE: same No. 04-855 civil Now, March 1, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. fY Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 120 ^ COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN Jack Kendle VS Derek Steckline 1 E. Main St. Apt. 6 New Bloomfield, PA 17068 In the Court of Common Pleas Of the 41" Judicial District of Pennsylvania- Perry County Branch NO. 2004-855 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Derek Steckline, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint, to the above named Defendant(s) Derek Steckline, of 1 E. Main St. Apt. 6 New Bloomfield, PA 17068 NOT FOUND. Defendant lives at I East Main St. Apt. 6 New Kingston, PA. He also works at Lowe's, Mechanicsburg, PA in the Flooring Dept. Sworn and subscribed to before me this day of Ma oc ? , 2004. ?W)a NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 So Ans ers, C . ace C Sheriff of Perry County JACK KENDLE, Plaintiff V. DEREK STRICKLINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-855 : CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Jack Kendle, Plaintiff, intends to proceed with the above-captioned matter. WIX, WENGER & WEIDNER By /!34C., b.)X Richard H. Wix, Esq. ID#07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 9/2612007 ?...,s Cy ? ? .:. --t - "" -, f?_ --;"T _.1.? C» ?"? :r c7 C~*1 G~ ~ ~~ ~_ ,--1 .J JACK KENDLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-855 CIVIL TERM DEREK STRECKLINE, CIVIL ACTION -LAW Defendant STATEMENT OF INTENTION TO PROCEED TO THE COURT: Jack Kendle, Plaintiff, intends to proceed with the above-captioned matter. Respectfully submitted, WIX, WENGER & WEIDNER By ~~,.~. ~ . ~ Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: 8/30/2010 'I LED OFFICE Jack Kendle OF THE PROTHONOTAR vs Z013 OCT 23 AM II•• 1L5 Case No. 04-855 CUMBERLAND COUNTY Derek Steckline PENNSYLVANIA Statement of Intention to Proceed To the Court: Plaintiff, Jack Kendle intends to proceed with the above captioned matter. Print Name Richard H. Wix X Sign Name CrPlat-1L 1 • .4-fj( Date: /O/4: A,II 3 Attorney for et..,-0,4, Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed 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 1901." Rule of Judicial Administration 1901(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. II 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 of the 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 showing 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. CERTIFICATE OF SERVICE j. AND NOW, this Zwc day of ©c ,,ber- , 2013, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff Jack Kendle, hereby certify that I served the within Statement of Intention to Proceed this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Derek Steckline 1460 Fulton Road Dauphin, PA 17018 WIX, WENGER & WEIDNER LA;1. Gaye Crist { 1 THONOTA r.. 2al3 OCT 23 All 46 CUMBERLAND COUNTY PENNSYLVANIA JACK KENDLE, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • NO 04-855 • DEREK STECKLINE, • CIVIL ACTION — LAW Defendant • PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the amount of$2,106.87, against the Defendant, Derek Steckline, as per the Stipulation between Parties attached hereto. Respectfully Submitted, WIX, WENGER &WEIDNER By Richard H. Wix, Esq., ID #07274 4705 Duke Street Harrisburg, PA 17109-3041 (717) 652-8455 Dated: I aI , /3 Counsel for Plaintiff oca4 ultiaptiattli at*.q-)s-3 ja-*Q9-1 ate. Nonce. fr JACK KENDLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLANDCOUNTY,PENNSYLVANIA v. NO. 04-855 DEREK STRECKLINE, • CIVIL ACTION — LAW Defendant • STIPULATION BETWEEN PARTIES It is hereby stipulated between Defendant Derek Streckline and Richard H. Wix, Esquire, attorney for Plaintiff, that Plaintiff will enter a judgment against Derek Streckline in the amount of$2,106.87, which includes costs of this action. Plaintiff will not take any action to enforce judgment unless Defendant Streckline defaults on the Agreement entered into between parties for monthly payments on judgment. WIX, WENGER &WEIDNER By Tb k/ Derek Streckline Richard H. Wix, Esq., ID#07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 SubscribecLand sworn to before me 9` this c day of Mt/0 /0A , 2004 7cz�� C - Ndtary Notarial Seal Gaye Crist, Notary Public South Hanover Twp., Dauphin County My Commission Expires Apr.18,2005 Member,PennsvIvanla ps.^t+!'P3tr" CERTIFICATE OF SERVICE AND NOW, this 6:720PA day of C 1I2 , 2013, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff Jack Kendle, hereby certify that I served the within Praecipe to Enter Judgment this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Derek Steckline 1460 Fulton Road Dauphin, PA 17018 WIX, WENGER & WEIDNER � a CLJ Gaye c i'ist JACK KENDLE, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. NO 04-855 DEREK STECKLINE, • CIVIL ACTION — LAW Defendant • To: Derek Steckline, Defendant ��qq C�3� 13 , the following You are hereby notified that on U g Judgment has been entered against you in the above-captioned case: Default Jud•ment a•ainst the Defendant in t amo-.et of .. 06.87 as • Stipulation between Parties. DATE: Ib � J (7) '� � Protht idtary � ��� I hereby certify that the name and address of the proper person(s) to receive this notice is: Derek Steckline 1460 Fulton Road Dauphin, PA 17018 A Derek Steckline, Defendido Por este madio se le esta notofocando que el de del , el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifio que la siguiente direccion es la del defedido/a segun indicada en al certificado de residencia: Derek Steckline 1460 Fulton Road Dauphin, PA 17018