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HomeMy WebLinkAbout10-1087NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. TYLER YENNA 200 Hidden Valley Lane Harrisburg, PA 17112 Defendant(s) NOTICE ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: /0-/687 ?tc,aC, 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. LAWYER REFERRAL SERVICE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 N N ? $Qa-o?<< WO , - t (2 atQ? LLJ tA- cZ U N NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. TYLER YENNA 200 Hidden Valley Lane Harrisburg, PA 17112 ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: © f p,, COMPLAINT Plaintiff, by and through undersigned counsel, hereby demands judgment against defendant, and complains against him as follows: 1. Plaintiff, Kathy M. Witters, is an adult individual and was, at all times relevant hereto, the owner and occupant of the property located at 8 Poplar Street, Wormleysburg, PA 17043. 2. Defendant, Tyler Yenna (hereinafter referred to as "Yenna"), is an adult individual and was, at all times relevant hereto, resided at 200 Hidden Valley Lane, Harrisburg, PA 17112. 3. At all times relevant hereto, Devon Brewer resided in an apartment located in the rear of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043 (hereinafter the "subject property") 4. At all times relevant hereto, Yenna was the invited guest of Devon Brewer at her apartment. 5. On or about January 13, 2008, Yenna smoked cigarettes in an area that was unsafe for that activity at the subject property. 6. On or about January 13, 2008, a fire erupted on the second floor balcony of the subject property as a result of the careless disposal of smoking materials by defendant. 7. The fire, which resulted in extensive damage to Plaintiff's real and personal property, as well as the imposition of additional expenses and hardship besides, was directly and proximately caused by Defendant as is further and more fully described below. COUNT I- NEGLIGENCE PLAINTIFF vs. TYLER YENNA 8. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 9. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; C. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; and d. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 10. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: JR., /ATTORNEYS Dated: ? 1?4(11 t VERIFICATION I, Francis Guillemette, do hereby state that I am a representative for Erie Insurance Group in the within action, and as such do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. If- Dated: o? l / SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t)F ThIF fi~OTt~aJt?TARY Sheriff ~- Jody SSmith ~Q,ttittr ct ~~unbrr~~~~ ZQ~~ ~r~lt "5 ~~`~ ~~ LPL Chief Deputy ~ ~i r ; 'T~~ ~,1,~, ~ . Edward L Schorpp CU~Ji~ `~ a: i.,~dl`Y Solicitor ~~FI~F .~~ ~~~ s~<~f~~ r'c[`1E~s~ ~ Erti'~! d:~ Kathy M Witters vs. Tyler Yenna Case Number 2010-1087 SHERIFF'S RETURN OF SERVICE 02/25/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Tyler Yenna, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 03!02/2010 Dauphin County Return: And now, March 2, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Tyler Yenna the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Richard Carlino, current resident of 200 Hidden Valley Lane, Harrisburg, PA 17112 advised Deputies Tyler Yenna does not reside at this address. SHERIFF COST: $29.50 March 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,ci Gounty3uitr Sheriff. Te;cosoff, li•.c. Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KATHY M WITTERS VS TYLER YENNA Sheriff s Return No. 2010-T-0468 OTHER COUNTY NO. 2010-1087 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent .search and inquiry for TYLER YENNA the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MARCH 2, 2010. AS PER RICHARD CARLINO, RESIDENT, TYLER YENNA DOES NOT LIVE AT 200 HIDDEN VALLEY LANE Sworn and subscribed to before me this 3RD day of March, 2010 ~u/ NOTARIAL SEAL Y JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex Tres Set 1 2010 So Answers, ~~~~~ 4 ~~9 ~ ~ i Sheriff o C ~a. By ~ ~`-~ Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 3/1/2010 In The Court of Common Pleas of Cumberland County, Pennsylvania Kathy M. Witters Tyler Yenna 200 Hidden Valley Lane Harrisburg, PA 17112 vs. Civil No. 2010-1087 Now, February 25, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sh ff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to So answers, the contents thereof. Sworn and subscribed before me this day of ,20 copy of the original Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 ATTORNEYS FOR PLAINTIFF BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TYLER YENNA CIVIL ACTION NO: 10-1087 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on February 10, 2010. NELSON LEVINE de LUCA & HORST, LLC BY: ~ICHARD J. O D, R., ESQU~ ~ ATTORN S tJ ~' a EY FOR PLAINTIFF , ~ -n Dated: March 8, 2010 ~~'; : _. fT7 -~; , ,._ - _ ~~7~ ~__ L •• ~- '< 0 Flo. oo ~n W~7'/ R~ a 38 808 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) v. TYLER YENNA ATTORNEYS FOR PLAINTIFF c? r- ~ , iT~ u-; `; t COURT OF COMMOI~'~1~LEA~ `' `~` OF CUMBERLAND C0~1TY~- c~ CIVIL ACTION NO: 10-1087 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on February 10, 2010. NELSON LEVlNE de LUCA & HORST, LLC / l BY: ~~~~c~/ CHARD J. BO R., SQUIRE ~TTORNEYS F PLAINTIFFS Dated: May 3, 2010 0 ~~ 3a~ 1 ~~ a~1~3q of co David D. Buell- e e Renee Simpson 2 � Prothonotary , 1s` Deputy Prothonotary o Nj y��t�_= _ y z v \o ; o r S. Soho e, ES ' \ °` :.y� k nag Q •_4_, J%%eS, Irene E. Morrow Solicitor 7 750 2'Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 1O -/OR 7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fad(717)240-6573