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Home My WebLink About04-5749 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL GROUP as subrogee of Dana Marker, CIVIL DIVISION - ARBITRATION No. 04 - S'7'-1~ C:~(.)~L'tttIL~ Plaintiff, v. COMPLAINT TIMOTHY CARLSON, Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL GROUP as subrogee of Dana Marker, CIVIL DIVISION - ARBITRATION No. Plaintiff, v. TIMOTHY CARLSON, 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 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, P A 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL GROUP as subrogee of Dana Marker, Plaintiff, CIVIL DIVISION - ARB I TRA TION No. 04- S"'7~1 C'IL>LY~ v. TIMOTHY CARLSON, Defendant. COMPLAINT AND NOW comes plaintiff, Liberty Mutual Group as subrogee of Dana Marker, by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, Liberty Mutual Group as subrogee of Dana Marker, is a corporation doing business within in the Commonwealth of Pennsylvania at 6575 Snowdrift Road, Suite 101, Allentown, Pennsylvania 18106. 2. Dana Marker (hereinafter referred to as "Marker"), is an individual residing at 3815 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant, Timothy Carlson (hereinafter referred to as "Carlson"), IS an individual residing at III Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. At all times relevant hereto, Marker was the owner of a 2002 Jeep Liberty Sport vehicle. 5. On or about August 5, 2003, Marker parked her vehicle in her driveway. 6. Upon waking the next morning, Marker discovered that her vehicle had been stolen. 7. Carlson did steal and/or did convert Marker's vehicle, depriving Marker of the use of the same. 8. As a result of Carlson's theft of the vehicle, Marker sustained damages in the amount of $9,890.20, $420.00 of which was used to rent a replacement vehicle. 9. Based upon the negligent and/or intentional conduct exhibit by Carlson in his theft of Marker's vehicle, plaintiff has sustained damages in the aforementioned amount of $9,990.20. WHEREFORE, plaintiff, Liberty Mutual Group as subrogee of Dana Marker, demands judgment in its favor and against the defendant, Timothy Carlson, in the amount of $9,990.20, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher . Deegan, Es Counsel for Plaintiff VERIFICATION ----- I, ~ o~" O~ , on behalf of Liberty Mutual Group, verify that the statements made in the Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Liberty Mutual Group Dated: 10\2.1 (04- 7CJ (J -.cQ. t 7L ~ rrr . --.. CI{ CI1 ~ ...) () ...c::: W -J ....J ~ ~ ~ J n N c;"' C,"..) c) .1:-- -'11 9 '"7~ i ~ . ;"'1"'" ,- (:; :7i -~': rlif~~~ 0-. - [!j - ("J :;~ :-7 . ~", J,' , --. r:,:' ..." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL GROUP as subrogee of Dana Marker, Defendant. ) CIVIL DIVISION - ARBITRATION ) ) No.: 04-5749 Civil Term ) ) ) ) ) ) ) Plaintiff, vs. TIMOTHY CARLSON, PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.RoC.P. l037(b) To the Prothonotary: Kindly enter judgment in favor of plaintiff Liberty Mutual Group as subrogee of Dana Marker and against defendant Timothy Carlson for failure to file an Answer or otherwise respond in the above-captioned action within twenty (20) days of the date of service of the Complaint, and assess plaintiffs damages against defendant in the amount of $$9,990.20. I certify that a written notice of intention to file this praecipe was mailed to defendant after the default had occurred and at least ten (10) days before the date of the filing of this praecipe. A copy of this notice is attached. I further certify that the defendant is not in active military service. The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsifications to authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP /~ Dated: j-z tj--05 Christopher P. Dee Counsel for Plain Iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL GROUP as subrogee of Dana Marker, CIVIL DIVISION - ARBITRATION No. 04-5749 Civil Term Plaintiff, v. TIMOTHY CARLSON, Defendant. TO: Timothy Carlson 111 Salem Church Road Mechanicsburg, PA 17050 Date of Notice: January 3, 2005 IMPORT ANT NOTICE YOU ARE IN DEF AUL T 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, P A 17013 Telephone: (800) 990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP "\\"'1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff s Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1037(b) was served upon the following tJr~ defendant by Certified U.S. Mail, postage prepaid, this h day of January, 2005, to the following: Timothy Carlson I II Salem Church Road Mechanicsburg, P A 17050 Christopher P. Dee Counsel for Plaintiff -Ul.. ~ ..() G ~ ~ c-' ~ 0 % ( &"1 ~ -cJ "'<'\ -4:) ~I OJ r s ~ P- I - --.c:. ~ Z:.""' VJ -;:-q;; ~ ~ 'f? \Lf --L.... x:- v> R: ---- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant ) CIVIL DIVISION - ARBITRATION ) ) No.: 04-5749 Civil Term ) ) ) ) ) ) ) LIBERTY MUTUAL GROUP as subrogee of Dana Marker, Plaintiff, vs. TIMOTHY CARLSON, 236 NOTICE NOTICE IS GIVEN THAT A mDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. Curt Long Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center - Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 ,..., c.-::t c;::, <f' .." 1"" cP \ .\ Ul. ,~ -~.., r":: ~/~:. )""r~,=- ~ ~~ (;, .-\ -:1:-0 ('n::::..... r'T) :1itJ ",:-,1-) ~~_::,\ I:{, -",r::. -I') \~;':~:F?\ ~!\ \9 ~:J ".< ~ - SHERIFF1S RETURN - REGULAR CASE NO: 2004-05749 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBERTY MUTUAL GROUP VS CARLSON TIMOTHY SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLSON TIMOTHY the DEFENDANT I at 1748:00 HOURS I on the 7th day of December I 2004 at III SALEM CHURCH ROAD MECHANICSBURG, PA 17055 by handing to LEEANN CARLSON, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 So Answers: .r~r~d,~~ R. Thomas Kline Sworn and Subscribed to before 12/08/2004 WEBER GALLAGHER SIMPSON ISitPLE By: ~..v- ~ ~ Deputy Sheriff K/ me this i&,'-' day of ~~I ,;2(JD5 A.D. /1 /L<-- Q '~ -- , ~~prothonotary )~