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Home My WebLink About10-0315O 41, FILED-•0`1 if ;E OF THEE PR,---r,-!--N0T 1010 JAN 12 AM 9-- 40 PENNS`? 4? INII'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, CASE NO. 10 - 315 ?iv r I T rM Plaintiff, CODE NO. VS. TYPE OF PLEADING: THOMAS KIMMEL, COMPLAINT IN CIVIL ACTION Defendant. FILED ON BEHALF OF: STATE AUTO INSURANCE COMPANIES, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: GEORGE A. MILLER, ESQUIRE Pa. I.D. No. 22525 BROMBERG & MILLER FIRM I.D. No. 937 1030 Fifth Avenue, Suite 102 ft2 00 PD FA-MY PITTSBURGH, PA 15219 File No. 57715 00 3750 (412) 232-0440 N* a3(o(3. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, No. Plaintiff, VS. THOMAS KIMMEL, Defendant. 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 defense 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 j udgment 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 BRING 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, VS. Plaintiff, THOMAS KIMMEL, Defendant. CASE NO. Jb- ?l5 c?? COMPLAINT IN CIVIL ACTION AND NOW COMES the Plaintiff, STATE AUTO INSURANCE COMPANIES, by and through its attorney, GEORGE A. MILLER, Esq., and BROMBERG & MILLER, Attorneys at Law, and files the within COMPLAINT IN CIVIL ACTION against the Defendant: 1. The Plaintiff is State Auto Insurance Companies whose address is 518 East Broad Street, Columbus, Ohio 43215. 2. Defendant is Thomas Kimmel an adult individual who is the authorized representative and owner of Kimmel One Stop Wireless located at 15 South Franklin Street, Gettysburg, PA 17325. 3. On or before January 5, 2007, an employee of Thomas Kimmel, namely Kory M. Miller, stole a number of cellular telephones from the said business. 4. Defendant filed a claim with the Plaintiff for the theft of property under a business owner's policy of insurance BOP-2148302 04, a copy of which is attached hereto and marked as Exhibit "A." 5. The Defendant's insurance claim totaled $5,786.87, a copy of which is attached hereto and marked as Exhibit "B." 6. Pursuant to the policy of insurance and claim filed, Plaintiff paid the policy limit of $5,000.00 to the Defendant, in consideration of Defendant's signing a Release and Assignment on September 14, 2007, a copy of which is attached hereto and marked as Exhibit "C." 7. The said Release and Assignment provided, inter alia, that Defendant is required to fully reimburse the Plaintiff for any amount paid, after the Defendant is reimbursed for any portion of the loss in excess of $5,000.00. 8. The Defendant has received full restitution, and has failed to reimburse the Plaintiff for the $5,000.00 which it expended in consideration of the above referenced Release and Assignment. 9. Plaintiff has made demand for payment, through Defendant's attorney, and Defendant has failed to pay the amount due. 10. Plaintiff intends to offer the within Exhibits into evidence pursuant to Pa. R.C.P. Rule 1305. COUNTI Breach of Contract 11. Plaintiff incorporates by reference the allegations of paragraphs 1 through 10 of this Complaint as if set forth in their entirety. 12. The Defendant entered into a written contract with the Plaintiff. 13. The Defendant has breached the contract by failing to pay Plaintiff pursuant to the terms and conditions thereof. 2 14. The Defendant's actions, inactions, omissions and commissions in breaching the said contract were intentional and without merit. 15. As a consequence of said breach, Plaintiffhas suffered damages in the amount of $5,000.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor against the Defendant in the sum of $5,000.00, together with costs of suit. COUNT II Unjust Enrichment 16. Plaintiff incorporates by reference the allegations of paragraphs 1 through 15 of this Complaint as if set forth in their entirety. 17. The Defendant accepted the sum of $5,000.00 from Plaintiff. 18. The Defendant has benefitted from the Plaintiff's payment, and has failed and refuses to repay that sum to Plaintiff. 19. The failure to repay Plaintiff under such circumstances would be and is unjust. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor against the Defendant in the sum of $5,000.00, together with costs of suit. Respectfully submitted, BRON16ERG & MILLER BY: ZZ - `7 " GORGE A. MILLER, Esquire Attorney for Plaintiff. 3 VERIFICATION The undersigned, does hereby verify that he/she is the G-t3Y?Qa1rVQ . of J{P ?tl?"U j1?U.r(?11CQ?? Plaintiff herein, that he/she is authorized to make this verification on behalf of the Plaintiff, and that the facts contained in the foregoing COMPLAINT IN CIVIL, ACTION are true and correct to the best of his/her knowledge and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. STATE AUTO INSURANCE COMPANIES By. JZIr?l?,('???m ?e fPflt? Title' MOSIMC SOP 2148302 04 07/3012006 WFS KIMM SOP' R 37ROSE0001599 017325 e BUSINESSOWNERS POLICY insurance Companies BOP 2148302 04 BUSINESSOWNERS COMMON POLICY DECLARATIONS NAMED INSURED AND MAILING ADDRESS: AGENT NAME AND ADDRESS: I TOM KIMMEL ROSENSTEEL INSURANCE INC I 1 KIMMEL 1 STOP WIRELESS 360 MAIN ST 15 S FRANKLIN ST MC SHERRYSTOWN, PA 17344 j SET TY-4BSg -_ -_.._-? POLICY PERIOD: AGENT TELEPHONE: 4 AGT. NO. From: 11012112M To: '10121/2007 COVERAGE IS PROVIDED BY: State Auto Property and Casualty Insurance Co. PROGRAM: Advantage Renewal (717) 632-1216 0001599 AFTER-HOURS CLAW SERVICE 800.766.1853 `- A STATE AUTO INSURED SINCE: 2002 The coverage and these declarations are effective 12:01 AM Standard rime on 1012112008 at the above mailing address. I THE NAMED INSURED IS: BILLING ACCOUNT NUMBER: j Individual CB00215810 Direct Bill Insured Full Pay BUSINESS DESCRIPTION: Mercantile BILLING QUESTIONS? i i (owner occupied) Call 800-444-9850 X3118 Upon valid payment of premium when due, these renewal declarations continue your policy for the period Indicated. In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated M this policy. PREMIUM SUMMARY BY COVERAGE PARTS Businessowners Policy Coverages $1,410.00 Businessowners Package Policy Coverages $0.00 Businessownem Extra Coverages $312.00 • POLICY TOTAL $1,722.00 Includes Terrorism Insurance Coverage $8.00 These declarations together with the Common Policy Conditions and coverage form(s) and endorsement(s) identified on these declarations and attached to your policy complete the above numbered policy. Countersigned By (Date) PEA[NTI (Authorized Representative) fF'S EXHIBIT - -?1 9oPOtw1 (07100) Page 001 of ooa MOBOEC SOP 2148302 04 07/3012008 WFS KIMM SOP' R 37ROSE000i599 017325 • X #AMe BUSINESSOWNERS POLICY Insurance Companies BOP 2148302 oa APPLICABLE FORMS AND ENDORSEMENTS Form or New Endorsement Edition Form or New Endorsement Edition Form or New Endorsement Edition BP 00090 0104 BP 0002 1299 BP OOO6C 1204 SP 0142C 0702 BP 0191 0702 SL 2002 0102 BP 2172 1102 SP 2171 1102 BP 2103 0700 SP 2128 0700 S11008 0104 BP 2131 0700 BP 2142 0700 BP 2124 0700 BP 2144 0702 BP 2118 0700 BP 2125 0700 SP 04450 0196 SP 2132 0700 SP 2148 0700 SL 204 0204 BP 0417C 0196 SP 2121 0700 BP 2106 0700 SP 2134 0700 SP 2111 0700 BP 0434C 0197 BP 0564C 0504 IL 0999 054 SP 0430C 0196 • BP 0450C 1204 BP 05360 1102 PN 0083 0603 • BP 05390 1202 BP 0542C 1102 If changed or added during the previous policy term, the current edition of fors will be substituted on renewal for earlier editions. Indicates a new form has been added or a replacement form has been substituted for one of an earlier edition. Please retain all forms. BOP0001 (07100) Page 002 of 008 NNN? crIyN >r H.? M080Ec 80P 2143302 04 0713012000 WFS KIMM 80P• R 37ROSE00015e3 017325 .?liTATE AUTO' Insurance Companies BUSINESSOWNERS POLICY BOP 2148302 04 PROPERTY DECLARATIONS PREMISES 0001 BUILDING 001 Building Addresa_ 15 S Franklin St Gettysburg PA 17323 Occupancy Mercantile (owner occupied) CLASS CODE CLASS DESCRIPTION - -r -- - "1 I 58111 Electric Supplies Store Or Distributor THEFT (COVERAGE Ye COVERAGE DESCRIPTIONS COVERED PROPERTY LOSS PAYMENT AUTOMATIC BA_sl_S_ INCREASE % PREMIUM s Business Peramml Property $18,881 Replacement Cost - 3 $291 91 Property losses are subject to a $25o deductible except as otherwise noted, } -. __ _ P ._ MI$E3 0001 ,91!44 EXTRA COVERAGE . COVERAGES TT - ------•-`--- - --------------•-?._.1....r... LIMIT Ord/Law:Demolition Cost J $10,000 Included - Ord/Lawincreased Cost of Cor4tr $10,000 Water Backup of Sewer And Drains Included Terrorism-Business Pers. Property $5$1, .000 $12 000 ,881 51 See Policy-Wide Coverages for additional valuable coverages. BOP0001 (07/00) Page 003 of 008 MOB= BOP 2148302 04 0713012008 WFS KIMM BOP' R 31ROSE0001599 017325 STATE`'aVT'°. Insurance Companies BUSINESSOWNERS POLICY BOP 2148302 04 PROPERTY DECLARATIONS PREM1 SES-•000,2-.G W LDtNG_ 001 Buiidho Address Occu TO c . Rt 11 N Us 15 Mercantile Dilisburg, Ps (owner occupied) York County 17019 CLASS CODE CLASS DESCRIPTION 58111 Electrical Supplies Store Or - `- - _? Distributor j THEFT r COVERAGE I COVERED PROPERTY Yes Business Personal Property $16,390 Replacement Cost 3 IC _% PREMIUM =334 Property losses are subject to a $250 deductible except as otherwise noted. - - _---------- - -- --•----- • -.. .?., PRE?AISEg 0002. BUILDINh001•-._ _COVERAGES r EXTRA COVERAGE- Ord/Law . :Demolition Coat LIMIT s10,000 ---- Included Ord/Law:Increased Cost of Constr $10,000 Included Tenants Extr Bldg Glass-$500 Ded Actual Loss Sustained $116 Water Backup of Sewer And Drains $5,000 $12 Terrorism-Business Pers. Property $18.390 $1 See Polley-Wide Coverages for additional valuable coverages. SOP0001 (07100) Page 004 of Doe MJ?„J MM COVERAGE DESCRIPTIONS MOaOEC SOP 1148302 04 07/3012006 WFS KIMM BOP' R 37ROSE000/599 017325 ALM S BUSINES30WNERS POLICY Insurance Companies 80P 2148302 04 PROPERTY DECLARATIONS PREMISES 0003 BUILDING 001 Buildin?Address Ocgu ancY 3055 Black Gap Road Mercantile Chambersburg, Pa (owner occupied) Franklin County 17201 CLASS CODE' ? CLASS DESCRIPTION 58111 Electrical Supplies Store Or Distributor COVERAGE DESCRIPTIONS THIEF CO ERAGE? COVERED PROPERTY___ .L LIMIT LOS BA 313 ENT?NCREASEI'KIPREMIUM Yes Business Personal Property $25,750 Replacement Coat 3 $402 Property losses are subject to a $250 deductible except as otherwise noted. PREMISES 000 uiL?31NG 001 EXTRA COVERAGE ' I _._COVERAGES LIMIT PREMIUM Ord/Law:Demolition Cost $10,000 Included Ord/Law:lncreased Cost of Constr $10,000 Included Terrorism-Business Pers. Property $25,750 $1 See Policy-Wide Coverages for additional valuable coverages. BOP0001 (07/00) Page 005 of 008 MMMF w, N:IVW a 1, V MOsosc BOP 2148302 04 07/30/2006 WFS KIMM BOP' R 37ROSED001599 017325 Insurance Companies BUSINESSOWNERS POLICY BOP 2148302 04 PROPERTY DECLARATIONS PREMISES 0004 BUILDING 001 Buildin.Address 1500 E Main Street Waynesboro, Pa Franklin CO 17268 Oc Tangy Mercantile (owner occupied) ----._..__.____..-____._ CLASS CODE CLASS DESCRIPTION 58111 Electrical Supplies Store Or Distributor COVERAGE DESCRIPTIONS i THEFT -~ ?LOSS PAYMENT AUTOMATIC ?-- COVERAGE J- COVERED PROPERTY LIMIT _ BASIS INCREASE % PREMIUM Yes Business PasnalProp" ?"'-"'-'"-'??"•"-?-_? $25,750 Replacement Cost 3 $383 -Property losses are subject to a $250 deductible except as otherwise noted. _ PR9AI E! 00?0j04 BUI?ING_oo1 _ _ EXTRA COVERAGE - COVERAGES -LIMIT _ _ ---?-- PREMIUM Ord/Law:Demolition Cost $10,000 Included Ord/Law:Increased Cost of Consir $10,000 Included Terrorism-Business Pers. Property $25,750 $1 See Policy-Wide Coverages for additional valuable coverages. SOP0001 (07/00) Page 006 of 008 I-OWN MOS0Ec BOP 2140302 04 0713012008 WFS KIMM BOP' R 37ROSE0001599 017925 • BUSINESSOWNERS POLICY M9 insurance Companies SOP 2148302 04 PROPERTY DECLARATIONS Coverages provided by your Susinessowners Policy are described in the coverage forms and endorsements attached to your policy and identified in these declarations. The most we will pay for any one occurrence is the grestest of the applicable limit of Insurance shown below. Higher limits shown below supersede limits for the same coverage described in the coverage forms and endorsements. See coverages per building for additional valuable coverages. POLICY-WIDE COVERAGE LIMIT EXTRA COVERAGE PREMIUM _ .. _ . _._.. __.... ---- f__.._.__..__ .?__...._ __... _._... _._ __..___...._ ..._ ..._. 1 Accounts Receivable $5,000 In/S2,500 Out Included Arson and Theft Reward $5,000 Included Business Inc: Waft Period 0 his Actual Loss -12 mos. Included Business Inc.-Ord. Payroll Ext. 50 Days Included Computer Covera__ge -- ._ _.._ .._. ___ .-..-__,. 5 __._- ' .? _ _ •---- .- _ _ Computer Fraud $2,000 $4 Debris Removal 25961$10,000 Included Employee Dishonesty' $5,000 $65 Exhibitions/Falrs/Sales Samples $5.000 Included Business Income - Extended _....-_...3Q Days _? _ Included Fire Department Service Charge $1.000 Included Fire Extinguisher Recharge $2,500 Included Forgery and Alteration $2,500 Included Inventory and Appraisals $1,000 Included Lock Replacement _ _?. _ _... _. _ .. _._.$500. _ Included Money Orders/Counterfeit Currency $1,000 Included Money and Securities' $10,000 Inl$2,000 Out Included Newly Acquired or Constructed Sldgs $500,000 Included Outdoor Property $2,500 !5500 Included Outdoor S ns' $3,000 ?...--.. Included , Personal Effects $2,500 Included Pers.Prop: Newly Acquired Premises $250,000/120 Days Included Personal Property-Off Premises $5,000 Included Premises Boundary 1,000 Feet Included Preservation of Property 30 Days Included Valuable Papers $5,000/2,500 Included Note: Policy-wide coverages followed by an • and the additional overage-exterior building glass are subject to a _ $500 Optional Coveragelexterior building glass deductible. SOP0001 (07/00) Page 007 of 008 r it is hereby catMW that the uadersiguM soya has sustained a loss KOry M. MiuOV employed a One Stop Rrreleaa. ' d'?1O1q?Y of Tlme M u= and evidence of such loss ate as Endows: i Phones wars sold on e,Bay dMOO& the personal aocovW of W. Kory Hellas that the property of one Std Wu*k:Ss. When p? wec+a not WdVSW in the One rith eks a markat, One Stop wingless was then held responaibIs i'or full c? of all phones, ode stop'OVQe? pals for the phones yip &oat vita` a COD cheek • V?4 the UPS delivery man hies COD check and dwo takes the ?i' "'"° M Give . Phnom and pmsonally Se?II them on his own allayaccount smtead of?wtwS them is 0'. Stop yr alasa -- and vatwotbam oa plans. One Stop Wireless has dowme ed lnvmtory dwseback from 19p - for the !VM 1M stolen pbtones and have ail invoices with sasiW numbers for the stolen phones Moorehead Com?mtmioa MS (Veriznn WUBICU). Ones Stop 'OVir dM also has a copy, of awwh_; from Mr. b illa's eBay account and a wrifta and verbal owfcWon of the th4 listing van to the police by Mar. Web WAS I36 Undamped en3pbyer BM had kaowlod$e of dishonesty of this eta ; Janustry 3, 2007. Pl"osjt or about i The u gad empbyerr, with issued policy numberB0-P-2I48M deft to *Udce an employee disbo eM daim, putanant to 80 tams &MOC and submits the to stx Bata of facts with do item imd statement of claim coveft tbp lost rem Ong from the alleged dishonest acts of such employee; € Koty M. Mmlla euVloyed as Sales Rcprrsen"va, age 20, social security nand 178-74-8798. Employee i service began on June 27,200S. Employee was not taulf aed, he quit on D mtber 8, 2006. one stop WQeU discovered the loss MU on Ism shy S, 2047. Loss wa &% discovered by b icbeRe and Dave Bmts u follows: Ones SOP Wireless burl received their chaSeM* rcpott from Sprint for the moots of November. A phone was listed oat said report as bang sctiva ? 118 aam?loyse. Oro Stop Wireless was Lowy ooAAMW as to haw this my Control Analyst for Sprint, Mmdmelle Wills, was coidacted and atdaed for ft lie aaached to this pb mes' aocomt. She then Wed time cusftw who lad possession of and had hint call into One Stop Winless to speak with Mr. or Mrs. $oarts. Mr. San Jew, of $AWIDOn. Marylacl, stsW he had puttwed ft phfte On eBt?y thrtn Mr. IGotcy Maw. Ida. Boaerrs than checked e&y !br the usermzame of Mr. Miller to see if any Mn phut had been listed on his 4ay account. That is when it was discovered that Mr. Miller hard tai* num mus phoneseen James vat pedod of also Available a and listed theta on, his e$ay uxotmz. wmndc? fcos:a w Loss was cat by Mr. Miller taking phones am One Stop by One Stop Wireless. £ d WdW : n LW 61 -jeW PLAINTIFF'S EXHIBIT M II Wikpleas paid for buemae not sold r I E e68£4££L LL : 'ON xu.4 • Wotij i i One Stop Wireless than oonwzwd the Gettgaburg-police Dapacbm , and met w* Dawc*m Kevin Wilson. 59 East l'figh Suve4 GeWsb=Z PA. 1732S, Phone nnmba 717-3"86, sad filed a ease spii:+.st Mr. MMar. That pzoceediag is owing at this tame. : The lost as hereia itemized was detwWwd front oar books ate xem&, excopt kr the loss of services incanted by bsing tote *== ,of co mnimm and m&bula that wwtd lave been made by One Swop Wizelew had the phon a beets activated on wimkn per, s { t Demipdon of nun aMM as Al 89" NOW .00 320.99 f 001 t 10==FV~ LO VX ONO 21&001 4 i a 1121M wWn&"p,,nM Kw r .09 f I 14MISOM Bar" MW KO" 279.00 i { t f MAN f i 279.001 t r OW KAM E Dsily phone audits ateperfomned by dkres for of operations, Michalle BoartL photo sudits come front Sheattal and Moorchea?d Conummicadons. M??Y These audits nee for commission reports and imventary purposes. Tom Kimmel aaad Dave HoftU ><«Mvo totem audits. a ! 's hoL, 9&o.wftm, d d Wd4£:G0 4wZ 6L 'Uew MSf: CU14: 'cN xu_q 5 t8 Fast Btr%Vj SrmM STATE 14?1ttlTO®'"'"et.??t>L Mip:;.'www.sr:ru.wdrr.?.: wn ® Insurance Companies RELEASE AND ASSIGNMENT In consideration of the sum of Five thousand and 00/100 dollars ($5,000.00L Tor?l Kimmel One Stop Winless (hereinafter Kimmel One Stop Wireless) hereby releases and forever discharges State Automobile Property and Casualty Insurance Company (hereinafter State Auto) from any and every right and cause of action, claim or demand of whatsoever kind, nature or description arising out of policy number BOP-2148302, issued to Kimmel One Ston Wire) e resulting from or growing out of the fraudulent or dishonest act or acts by Korv M. Miller, his destruction/theft of property, their misappropriation of funds, or due to their failure to duly account for funds or the property received or held by them by virtue of their employment with KimmtLQM SWg irei or in any other capacity. The above stated policy is made a part hereof by reference and of the same force and effect as if set forth in detail and at length It is further understood and agreed that, in consideration of said payment, Kimmel OneSt0V Wireless hereby assigns and sets over unto State Auto a right of recovery, limited to $5,000.00, against Kory M. Miller, or any other individuals, persons, firms or corporations who may have caused or contributed to said losses, or who may be legally liable for all or any part thereof. Kimmel One Stop Wireless agrees that any restitution or settlement received will be distributed as follows: 1) To Kimmel One Stoc Wireless until they are reimbursed for any loss sustained that exceeds the Limit of Insurance and the Deductible Amount; 2) Then to State Auto until State Auto has been fully reimbursed for the settlement made; and 3) Then to Kimmel One Stott Wireless until they have been reimbursed for that part of the loss equal to the Deductible Amount, if any. Furthermore the undersigned does also hereby agree to render all the reasonably necessary assistance and, upon demand, to execute all documents reasonably required of him/her and to cooperate when prosecuting all actions to effect such recovery. This includes protecting State Auto's interests through any criminal or civil proceedings. I/ We have read this Release and Assignment and understand it contents. Witnesses sign here Date __V "l 07 - Claimant signs here Name Address ldt?./.fLS 42y!!4 C.4ty? lAu nzed Rep ntative of ?,t pT•r Kimmel One Stop Wireless Name---' ?l 7 dMr4'S ?1 M M e j_ 0 Lyiv'? Print Name and Title of the Above Address s??,1: sly S>{. 5..:.x.,4 919$1; .. + Representative PLAINTIFF'S EXHIBIT r State Auto Frnw cia l Ccxpuraticn • State Auto ProperICn • State AuIOMNAe Mutual k1stranr a Con v • k"t'A"I a CtPV" . State Auto kaor ce Carv" of • ?: T/ Stater Auto IkationAl Imiura nre Companv • Meridian Security Insurance State Auto kLjnces Company (A WisCOr ryul • Famws Casualty utuat IM%X,vtce t::anpany 0 State Auto FkntrM kMr-rtcer CrnpAnV SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?FFIi? ::F 'rE ?rERl?r Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 JAN 25 Ali 1 1 : 5,3 Cc, M State Auto Insurance Companies vs. Thomas Kimmel Case Number 2010-315 SHERIFF'S RETURN OF SERVICE 01/20/2010 12:36 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2010 at 1236 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Kimmel, by making known unto himself personally, at 303 Forge Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 January 21, 2010 SO A WER NY R ANDERSON, SHERIFF By r Deputy Sheri f iCourrtySUIte Sheriff. Telecsoft. Ie. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, Plaintiff, Vs. THOMAS KIEL, Defendant. CIVIL DIVISION No.: 10-315 .. Cc -_a c-n PRAECIPE TO ENTER DEFAULT JUDGMENT Code: 010 - Contract File 57715 Filed on Behalf of: STATE AUTO INSURANCE COMPANIES, Plaintiff Counsel of Record for this Party: GEORGE A. MILLER, ESQUIRE PA I.D. #22525 BROMBERG & MILLER Firm I.D. No. 937 1030 FIFTH AVENUE, STE. 102 PITTSBURGH, PA 15219 (412) 232-0440 etc P365a Pj4" 9'68's9 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, Plaintiff, CIVIL DIVISION VS. THOMAS KIlIZMEL, Defendant. No.: 10-315 PRAECIPE TO ENTER DEFAULT JUDGMENT TO: PROTHONOTARY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KINDLY ENTER DEFAULT JUDGMENT IN THE ABOVE CASE AGAINST THE DEFENDANT, THOMAS KIMMEL, in the amount of FIVE THOUSAND AND 00/100 DOLLARS ($5000.00) plus costs and interest from the date of entry, the Defendant(s) having failed to file an Answer to the Complaint. More than ten (10) days have elapsed since serving the Defendant(s) with a copy of the "IMPORTANT NOTICE", a copy of said Notice with the PROOF OF SERVICE being attached hereto as EXHIBIT "A". GF6RGE A. MILLER, Esq. ttorney for Plaintiff 1030 FIFTH AVENUE, STE. 102 PITTSBURGH, PA 15219 (412) 232-0440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, Plaintiff, CIVIL DIVISION VS. THOMAS ICMWIEL, Defendant. No.: 10-315 NOTICE OF JUDGMENT TO: DEFENDANT(S) ABOVE NAMED: THOMAS KIMMEL 303 Forge Road Boiling Springs, PA 17007 TAKE NOTICE, that on 3 15 /0 JUDGMENT was entered against you and in favor of the Plaintiff (s) in the amount of FIVE THOUSAND AND 00/100 DOLLARS ($5000.00) plus costs and interest from date of entry. PROTHONOT By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE AUTO INSURANCE COMPANIES, Plaintiff, CIVIL DIVISION VS. THOMAS YJAE%IEL, Defendant. No.: 10-315 T0: THOMAS KIMMEL 303 Forge Road Boiling Springs, PA 17007 Date of Notice: February 25, 2010. 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 (10) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 170 Telephone: (717) 249-3166 00-990-9108 File 57715 fgeorge A. Miller, Esq. Attorney for Plaintiff 1030 Fifth Avenue, Ste. 102 Pittsburgh, PA 15219 (412) 232-0440 PROOF OF SERVICE THE UNDERSIGNED, George A. Miller, Attorney for Plaintiff herein, does hereby verify that the IMPORTANT NOTICE, a copy of which is attached hereto, was mailed to the Defendant(s) herein on February 25, 2010, by U.S. Mail, First Class, Postage Paid. This statement is made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsifications to authorities. GEORGE A. MILLER, Esquire -2-