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HomeMy WebLinkAbout12-37112123005 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE _ ^ ' r Identification No.: 41200 - : 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 ? 484/351-0500 r Enterprise Rent a Car Co COURT OF COMMON PLEASE ' 600 Corporate Park Drive CUMBERLAND COUNTY St Louis MO 63105 VS. DOCKET NO. : A2-37// 01vitTe-o Duane Bell 521 Reno Ave Apt C New Cumberland PA 17070 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 JUDGEMENT 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 0--r- 4103-75 p4 47-1 ? 0 /7&1107 a76735- COMPLAINT IN CIVIL ACTION 1. Plaintiff, Enterprise Rent a Car Co, is a business organization authorized to conduct business within the Commonwealth of Pennsylvania. 2. Defendant, Duane Bell, is an adult individual residing at the above-captioned address. 3. At all times material hereto, the Defendant was obligated to the plaintiff under the terms of a rental agreement executed by the defendant. 4. On or about March 30, 2011, the Plaintiff did own a certain motor vehicle, subject to the aforesaid rental agreement involved in the accident hereinafter referred to. 5. On or about March 30, 2011, the Defendant did operate and control a certain motor vehicle, subject to the aforesaid rental agreement, involved in the accident hereinafter referred to. 6. On or about March 30, 2011, the motor vehicle of the Plaintiff which was subject to the aforesaid rental agreement, was operated and controlled by the Defendant, in such a negligent and careless manner causing property damage to plaintiff's motor vehicle. 7. As a result of Defendant's negligence and carelessness, the plaintiff's motor vehicle sustained damages in the amount of $17,027.20. A true and correct copy of the aforesaid rental agreement or Affidavit of Account, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 8. Plaintiff demands remuneration from the defendant in the amount of $17,027.20. WHEREFORE, Plaintiff, Enterprise Rent a Car Co, claims damages from the Defendant, in the amount of $$17,027.20, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE JOEL M. F NK, ESQUIRE Attorney for Plaintiff PO1J 2123005 35020163 Enterprise Rent a Car Co Duane Hell 35020163 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME 1984 2123005 35020163 Enterprise Rent a Car Co Duane Hell 35020163 n _ ?y AF'F'IDAVIT being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $17,027.20 plus interest of $.00 at the rate of 0% less credits in the amount of $.00 totaling $17,027.20 as of March 23, 2012. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. (1& A ANT Sworn to and Subscribed before me this Q)-V) day of 2012 ary Public 0 P"? °bb',, JOYCE A GOODMAN Z . c ? •c Notary Public -Slate of Florida N m, to My Comm. Expires Oct 27, 2013 '%,o? ??•'? Commission # 00 935311 2of5 IiWOICE DUANE BELL 331 W PENN ST CARLISLE, PA 17013 Date: 06129/2011 Claim #: 01407522 Unit #: 7CG2C4 Billing Invoice #: 24081549 VeMck Information VIN: 2HGFAIF50AH312656 Year 2010 Make: HOND Model: CIVC Item TOW Cast Amount Dot Actual Cash Value $16,249.35 $16,249.35 Appraisal/Tcardown 528.00 $28.00 Administrative Fees Lass of Use 15.6maw. B ss9.l 010%-=Vwzy $150.00 $150.00 $599.85 8599.85 Total Amount Doe: S 17,027.20' -Remit payment in U.S. Dollars. PAY UPON RECEIPT ALL PAYMENTS MUST INCLUDE THIS REMITTANCE TO BE CREDITED PROPERLY! PAYABLE TO: DAMAGE RECOVERY UNIT Claim #: 01407522 PO BOX 405738 Unit #: 7CG2C4 ATLANTA, GA 303845738 Billing invoice #: 24081549 Toll Free #: 866-300.4407 Total Amount Doe: S 17,027_.20` *Remit payment in U.S. Dollars. D Total Amount Remitted: $ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNlry r ILEO-OFF of CUft.L O THE PROTHD' } OFFICE OF Tr4E S46RIFF 20,12 JUL 30 AM . CUM BLAND C GI pENSYLVA I 03 Enterprise Rent A Car Co. Corse Number VS. Duane Bell 2012-3711 SHERIFF'S RETURN OF SERVICE 07/20/2012 Ronny R. Anderson, Sheriff, who being duly swom according to fir, states that he made diligent sea ch and inquiry for the within named defendant to wit: Duane Bell, but was unable to ktcate h' in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the arit Duan Bell. Request for service at 521 Reno Avenue, Apartment C, New Cumberland, Penney nia 17070 t e Defendant was not found. The New Cumberland Postmaster has confirmed, Duane Befl'0 new address is 304 S. 17th Street, Reading, Pennsylvania 19602. SHERIFF COST: $50.00 July 23, 2012 SO ANSWERS, 4z !s RON R ANDI (c) CountySuite Sheriff, Teleosoft. Inc.