HomeMy WebLinkAbout12-3142
f' 0 r
?:?El__rilaU v
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
DONEGAL MUTUAL INSURANCE
COMPANY as subrogee for RAYMOND CASE NO.
and NANCY GRANDON,
CODE NO.
Plaintiffs,
TYPE OF PLEADING:
VS.
JAMES THOMAS DOZIER, JR.,
Defendant.
File No. 58405
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF:
DONEGAL MUTUAL INSURANCE
COMPANY as subrogee for RAYMOND
and NANCY GRANDON, Plaintiffs
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
PITTSBURGH, PA 15219
(412) 232-0440
(??D
U? 3.7sx1aN?
C? s3ss
??a-7 syay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
DONEGAL MUTUAL INSURANCE
COMPANY as subrogee for
RAYMOND and NANCY GRANDON,
Plaintiff,
vs.
JAMES THOMAS DOZIER, JR.,
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 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 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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
DONEGAL MUTUAL INSURANCE
COMPANY as subrogee for RAYMOND
and NANCY GRANDON, ) Case No.:
Plaintiffs, )
VS. )
JAMES THOMAS DOZIER, JR., )
Defendant. )
COMPLAINT IN CIVIL ACTION
AND NOW COMES, DONEGAL MUTUAL INSURANCE COMPANY as
subrogee for RAYMOND and NANCY GRANDON, by and through their attorney, GEORGE A.
MILLER, ESQUIRE, and files the within COMPLAINT IN CIVIL ACTION as follows:
The Parties
Plaintiff and subrogee is Donegal Mutual Insurance Company, whose business
address is 1195 River Road, P.O.Box 302, Marietta, PA 17547-1931.
2. Subrogors are Raymond and Nancy Grandon, owners of the real property
located at 308 Hummel Avenue, Lemoyne, PA.
3. Defendant James Thomas Dozier, Jr. is an adult individual whose address is
308 Hummel Avenue, 2d Floor, Lemoyne, PA 17043.
Facts
4. On or about September 26, 2010, Defendant, as a tenant in the real property
located at 308 Hummel Avenue, Lemoyne, did intentionally or negligently damage subrogors' coin
operated washer and dryer, and did steal $150.00 from their coin operation systems.
5. Plaintiff paid a total of $2536.24 for the loss, less the applicable deductible,
pursuant to a policy of insurance with its subrogors.
Cause of Action
6. The Plaintiff incorporates by reference Paragraph 1 through 5 as if more fully
set forth herein.
7. As a proximate result of the foregoing, the Plaintiffs suffered damages in the
amount of $2636.24, including subrogors' deductible.
8. Estimates and receipts for the total cost of repairs are attached hereto and
marked collectively as Plaintiff's Exhibit "A."
9. Plaintiff intends to offer these Exhibits into evidence pursuant to
Pennsylvania Rules of Civil Procedure, Rule 1305. The repairs have been performed.
10. Pursuant to the contract of insurance between Plaintiff subrogee and
subrogors, Plaintiff now seeks recovery of the amount it paid by means of subrogation, including the
subrogors' deductible.
WHEREFORE, Plaintiffs claim damages from the Defendant, in the sum of Two
Thousand Six Hundred Thirty-Six and 24/100 Dollars ($2636.24), plus costs of suit.
Respectfully submitted,
BROMBERG & MILLER
BY:
GEORGE A. MILLER, Esquire
Attorney for Plaintiff
3
VERIFICATION
The undersigned, Tamara Richardson , does hereby verify that he/she
isthe Subrogation Claims Rep. of Donegal Mutual Ins Co. ,
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 unsworn
falsification to authorities.
DONEGAL MlUf UAL INISIURA7114CE COMPANY
,? C L
By: \ r--
Subrogation Claims Reqx-egentative
Title
File No. 58405
SHORT FORM STATEMENT OF LOSS
Insured:
Grandon
Date of Loss:
8/26/2010
Claim Number:
BOP-155076
BETTERMENT/
ITEM RCV LOSS DEPRECIATION ACV LOSS
Bldg./Dwelling $ 2,636.24 $ 2,636.24
Contents $ -
"Time Element $ - $ - $
Other $ - $ - $ -
TOTALS $ 2,636.24 $ - $ 2,636.24
TOTAL $ 2,636.24
LESS DEDUCTIBLE $1,000.00
IF APPLICABLE
NET CLAIM $1,636.24
NOTE:
Cov. A Vandalism loss, less ded.
SIGNATURE: Kathy A Burgan
EXHIBIT
AbDOAErAL Donegal Insurance Croup
Insured: Raymond C JR & Nancy Grandon
Property: 308 Hummel Avenue
Lemoyne, P.4,17043
Claim Rep.: Kathy A Burgan
Business: 1195 River Road, PO Box 302
Marietta, PA. 17547-0302
Estimator: Kathy A Burgan
Business: 1195 River Road, PO Box 302
Marietta, PA 17547-0302
Claim Number: BOP-PA-01-10•• Polley Number: BOP-8019672
0155076
Date Contacted: 10/1/2010
Date of Loss: 9/26/2010
Date Inspected: 10/4/2010
Price List: PAHA5B OCT10
Restoration/Service/Remodel
Estimate: GRANDON
Home: (717) 730-9493
Business: (717) 932-0172
Business: (717) 932-0172
Type of Lou: Vandalism
Date Received: 10/1/2010
Date Entered: 10/6/2010 1:15 PM
AU/O'E, Donegal Insurance Group
GRANDON
Personal Property
DESCRIPTION QUANTITY UNIT COST RCV DEPREC. ACV
1. Replace CommercialWasher& 1.00 EA 2,336.24 2,336.24 (0.00) 2,336.24
Dryer
Price obtained from PAC Industries, Inc. Washers S985.00, Dryer- 5730.00. Pius 2 - 8" Flat faced coin box, keyed and a 4
prong electric cord. Freight & delivery included, as well as set up and remove and dispose of damaged equipment.
2. Money 1.OO EA 300.00 300.00 (0.00) 300.00
Totals: Personal Property 2,636.24 0.00 2,636.24
Line Item Totals: GRANDON 2,636.24 0.00 2,636.24
Grand Total Areas:
0.00 SF Walls
0.00 SF Floor
0.00 SF Long Wall
0.00 SF Ceiling
0.00 SY Flooring
0.00 SF Short Wall
0.00 SF Walls and Ceiling
0.00 LF Floor Perimeter
0.00 LF Ceil. Perimeter
0.00 Floor Area
0.00 Exterior Wall Area
0.00 Surface Area
0.00 Total Ridge Length
0.00 Total Area
0.00 Exterior Perimeter of
Walls
0.00 Number of Squares
0.00 Total Hip Length
0.00 Interior Wall Area
0.00 Total Perimeter Length
GRANDON 10/6/2010 Page:2
Ab'L Donegal Insurance Group
Summary for Dwelling
Line Item Total 2,636:24
Replacement Cost Value $2;636.24
Less Deductible (1,000.00)
Net Claim 3i,63G624
Kathy A Burgan
GRANDON 10/6/2010 Page:3
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson -
Sheriff ; 7'
Jody S Smith
Chief Deputy 2 ?1 2,flil 12 8: 1
Richard W Stewart
?"_?. :d /,; Cl?i '
Solicitor OFFICE 7F 7• E S -ER1FF ' ?
-'E YLVANIA
Donegal Mutual Insurance Company
Case Number
vs.
James Thomas Dozier, Jr. 2012-3142
SHERIFF'S RETURN OF SERVICE
06/01/2012 12:44 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
1, 2012 at 1244 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: James Thomas Dozier, Jr., by making known unto Laura Kozier, Wife of Defendant at
308 Hummel Avenue, 2nd Floor, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at
the same time handing to her personally the said true and correct copy of the same.
L
MICHELLE GUTSHALL, D TY
SHERIFF COST: $44.00
June 06, 2012
SO ANSWERS,
e'o?e 1112'
('iZ' N - zx?
RON R ANDERSON, SHERIFF
(c) GountySulte Sheriff. Teleosoff Inc
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
DONEGAL MUTUAL INSUREANCE
COMPANY as subrogee for
RAYMOND and NANCY GRANDON )
Plaintiffs, )
VS. )
JAMES THOMAS DOZIER, JR., )
Defendant )
CASE NO.
n o ?3
cnr I Q'
x
ct
On
?Q '
C .
--1
12-3142 G vil
RESPONSE TO COMPLAINT IN CIVIL ACTION
AND NOW COMES JAMES THOMAS DEZIER, JR., a private citizen, and files a
response to the above stated COMPLAINT OF CIVIL ACTION as follows:
The Parties
1. Plaintiff and subrogee is Donegal Mutual Insurance
Company, whose business address is 1195 River Road, P.O. Box 302, Marietta,
PA 17547-1931.
2. Subrogors are Raymond and Nancy Grandon, owners of the real
property located at 308 Hummel Avenue, Lemoyne, PA.
3. Defendant James Thomas Dozier, Jr. is an adult individual whose
address is 308 Hummel Avenue, 2"d Floor, Lemoyne, PA 17043.
Facts
4. Allegedly on or about September 26, 2010, Defendant, as a tenant in
the real property located at 308 Hummel Avenue, Lemoyne, damaged
subrogors' coin operated washer and dryer, and did allegedly steal one hundred
and fifty dollars ($150.00) from their coin operation systems. The defendant
denies damaging suborgors' coin operated washer and dryer and further denies
stealing one hundred and fifty dollars ($150.00) from their coin operation
systems.
Defendant was charged were file under the Pennsylvania Crimes
Code by the West Shore Regional Police Department on November 10, 2010 f
Section 2921 (Theft of Unlawful Taking Moveable Property) and Section 3304
(Criminal Mischief).
In mid 2011 the Cumberland County District Attorney's Office
withdrew the charges for the "lack of evidence.
WHEREFORE the Defendant respectfully requests the court
deny the Plaintiffs request for the sum of Two Thousand Six Hund
Thirty-Six and 24/100 Dollars ($2,636.24) and cost of the suit.
Respectfully submitted,
James Thomas Dozgr,
Defendant