HomeMy WebLinkAbout14-3309s
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Supreme Coulw -o ,?ennsylvania
Court
Civil ,C
Cu nberland'
County
For Prothonotary Use Only:
Petition
Declaration of Taking
Docket No: 3 ‘06)1
r
The information collected on this form is used solely for court administration purposes. This firm does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
Petition
Declaration of Taking
i Complaint Writ of Summons *
Transfer from Another Jurisdiction l
Lead Plaintiff's Name:
Goodville Mutual Casualty Company
Lead Defendant's Name:
Matthew Sourbeer
Dollar Amount Requested:
(check one)
I+I within arbitration limits
Are money damages requested? } Yes No
* outside arbitration limits
Is this an MDJAppeal?
Is this a Class Action Suit? • Yes No
■ Yes i1' No
Name of Plaintiff /Appellant's Attorney: Lloyd S. Markind
a Self-Represented [Pro Sc f Litt;s nt)
Check here ily €su ila e no attorney (are
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort)
O Intentional
O Malicious Prosecution
O Motor Vehicle
0 Nuisance
O Premises Liability
O Product Liability (does not include
mass tort)
O Slander /Libel/ Defamation
O Other:
MASS TORT
O Asbestos
0 Tobacco
O Toxic Tort - DES
O Toxic Tort - Implant
O Toxic Waste
O Other:
PROFESSIONAL LIABLITY
O Dental
O Legal
O Medical
0 Other Professional:
CONTRACT (do not include Judgments)
O Buyer Plaintiff
▪ Debt Collection: Credit Card
O Debt Collection: Other
O Employment Dispute:
Discrimination
O Employment Dispute: Other
O Other:
REAL PROPERTY
0 Ejectment
0 Eminent Domain /Condemnation
O Ground Rent
O Landlord /Tenant Dispute
O Mortgage Foreclosure: Residential
O Mortgage Foreclosure: Commercial
0 Partition
0 Quiet Title
Other:
CIVIL APPEALS
Administrative Agencies
O Board of Assessment
O Board of Elections
O Dept. of Transportation
▪ Statutory Appeal: Other
O Zoning Board
• Other:
MISCELLANEOUS
O Common Law /Statutory Arbitration
0 Declaratory Judgment
O Mandamus
0 Non - Domestic Relations
Restraining Order
®
Quo Warranto
0 Replevin
Other:
Subrogation
Updated 1/1/2011
MARKIND LAW GROUP, P.C.
By: Lloyd S. Markind, Esquire
PA I.D. No. 52507
102 Browning Lane
Building B, Suite 1
Cherry Hill, NJ 08003
(856) 616- 8710x303/ -8716 (Fax)
Lloyd.Markind@MarkindLaw.com
Attorneys for Plaintiff
File No. 1045905
GOODVILLE MUTUAL CASUALTY
COMPANY, as Subrogee of /to its insured,
RAY E. DELP
625 West Main Street, P.O. Box 489
New Holland, PA 17557, : CIVIL ACTION
v.
r 9 611
MATTHEW SOURBEER No. 3 D
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
306 E North St.
Carlisle, PA 17013,
Plaintiff,
Defendant.
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 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717- 249 -3166
a163.7 µ,
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950.eos-6
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientas, usted tiene veinte (2) dias de plazo al partir de la fecha de la
demanda y la notificaion. Hace falta asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra sya sin previo aviso o notificaion. Ademas, la corte puede
decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL A LA OFICINA
CUY A DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717- 249 -3166
MARKIND LAW GROUP, P.C.
By: Lloyd S. Markind, Esquire
PA I.D. No. 52507
102 Browning Lane
Building B, Suite 1
Cherry Hill, NJ 08003
(856) 616 -8710
Attorneys for Plaintiff
File No. 1045905
GOODVILLE MUTUAL CASUALTY
COMPANY, as Subrogee of /to its insured,
RAY E. DELP
625 West Main Street, P.O. Box 489
New Holland, PA 17557,
v.
MATTHEW SOURBEER
306 E North St.
Carlisle, PA 17013,
Plaintiff,
Defendant.
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION
. No.
COMPLAINT
Plaintiff, Goodville Mutual Casualty Company, as Subrogee of /to its insured, Ray E.
Delp ( "Subrogor "), hereby files this Complaint against Defendant, Matthew Sourbeer, and in
support hereof, avers as follows:
Parties, Jurisdiction & Venue
1. Plaintiff is an insurance business corporation with offices as set forth above.
2. Defendant is, upon information and belief, an adult citizen of Pennsylvania with
an address as set forth above.
3. Defendant is, upon information and belief, an adult citizen of Pennsylvania with
an address as set forth above.
4. The Accident (as hereafter defined) and resulting conduct and damage to the
Vehicle (as hereafter defined) occurred in Cumberland County, Pennsylvania.
5. The Court has original jurisdiction over the subject matter of this action by virtue
of 42 Pa.C.S. § 931.
6. The amount in controversy in this action is less than $50,000.00, exclusive of
interest and costs.
7. Jurisdiction and venue are therefore proper in Cumberland County, Pennsylvania.
Factual Background
8. Sometime before approximately 6:00 pm on July 23, 2012, Subrogor was the
owner of a vehicle ( "Subrogor's Vehicle ") travelling Eastbound down the 100 block of West
High Street in Carlisle, Pennsylvania.
9. Sometime before approximately 6:00 pm on July 23, 2012, Defendant was the
operator of a vehicle ( "Defendant's Vehicle ") travelling Eastbound down the 100 block of West
High Street in Carlisle, Pennsylvania directly behind Subroger's Vehicle.
10. Sometime before approximately 6:00 pm on July 23, 2012, Subroger was
attempting to make a right turn onto South Pitt Street in Carlisle, Pennsylvania when Defendant
negligently collided Defendant's Vehicle into Subroger's Vehicle's rear bumper (the
"Accident ").
11. A true and correct copy of the Police Report is attached hereto and marked
Exhibit A.
12. As a direct result of the Accident, Subrogor suffered $1,272.50 in property
damage to Subrogor's Vehicle.
13. On the date of the Accident, Subrogor held an automobile insurance policy
underwritten by Plaintiff (the "Policy ").
14. Plaintiff paid Subrogor the amount of $1,272.50, under the Policy for the property
damage to Subrogor's Vehicle as sustained in and resulting from the Accident.
15. A true and correct copy of Plaintiff's payment to Subrogor for the subject
property damage and rental fees are attached hereto and marked as Exhibit B.
16. Subrogor assigned to Plaintiff their right of recovery against all persons or parties
legally liable to Subrogor for any and all damages suffered or sustained as a result of, or
otherwise arising from, the Accident.
COUNT ONE — NEGLIGENCE
17. All preceding paragraphs of this Complaint are incorporated herein as though
fully set forth at length.
18. At all relevant times, Defendant had a duty to act with reasonable caution,
diligence and care so as not to threaten the safety of, or cause harm to, others while operating
Defendant's Vehicle.
19. Defendant breached that duty when, on July 23, 2012, Defendant negligently
collided into Subrogor's Vehicle's rear bumper and proceeded to collide with the rear side panel
of Subrogor's Vehicle.
20. Defendant's breach of the aforementioned duty was a direct and proximate cause
of the property damage that Subrogor sustained and /or incurred which is attributable to and /or
arising out of the Accident.
21. Defendant is liable to Subrogors for all damages that Subrogors suffered as a
result of Defendant's negligence.
22. As assignee of Subrogor's right(s) of recovery against all persons responsible for
such damages, Plaintiff is entitled to recover from Defendant the sum of $1,272.50, together with
all other amounts which may be authorized by contract and /or law without limitation.
23. Defendant has not paid Plaintiff the aforestated sum as of the date of filing this
Complaint notwithstanding demands for payment which have been refused.
WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1,272.50,
together with all applicable interest, costs of suit, collection costs, inclusive of, without
limitation, reasonable attorneys' fees, and all such other and further relief as the Court may
award and /or deems just and equitable.
DATED: /0/14".
Markind Law Group, P.C.
By: Lloyd S. Markind, Esquire
PA I.D. No. 52507
102 Browning Lane
Building B, Suite 1
Cherry Hill, NJ 08003
(856) 616 - 8710x303/ -8716 (Fax)
Lloyd.Markind @MarkindLaw.com
Attorneys for Plaintiff
File No. 1046794
VERIFICATION
I, Lloyd S.Markind hereby state and verify that my firm is counsel for Plaintiff in this
actions; that we have reviewed certain documents and /or other records provided to us by Plaintiff
for the filing of a Complaint in this action; that Plaintiff is located outside this jurisdiction; that a
substitute certification executed by an officer or employee of Plaintiff will be filed as soon as the
same is received; and that the Complaint filed herewith is true and correct to the best of my
knowledge, information, and belief. I understand that the statements made therein are subject to
the penalties of 18 Pa. C.S.4994 relating to unsworn falsifications to authorities.
DATED:
Y
BY:
Lloyd S. Markind
Exhibit A
METRO THE HARRISBURG AREA POLICE 1NJ.wMA11VN H1SUUR(;!f sxsTsm (J.wLL1.1 )
• PAGE: 1 2012072422AVV1 CARU
IN�C#r CAR,20120701250 DT,TM: 2012 07 21 1604 SAT TO:
REPORT NO : 02 NR NON REPORTABLE ACCIDENT STATUS: 0
IOC, GRID:
REPORT OFF:
VEH INFO:
ASSIGN OFF:
APPROV OFF:
CV HANDBK:
SEC SURVEY:
ARREST (S) :
FOLLOW UP:
UNIT NO: 01
75 1501
75 1786
E NORTH ST 00065 CARLISLE PA 0200
17 ANDREW J VAN VOLKENBURG 07/24/12 0038 PLAT: SECT: P
INS,OUT: LIGHT: WEATHER: TEMP: F
00/00/00 DUE:
00 /00 /00
PCCD V/W FORM: DOM RELAT FORM: EXT SIGNED DOC:
DEFERR PROSECUT: DA REQ FOR HEAR: STMT / CONFESS:
FURTHER ARRESTS: GRIM SUMMONS: WARRANT:
Y REC ASSIGN TO: P NCIC GRIM HIST: N CITY PROP DAM:
WARNING: C CITATIONS:
A DRIVING WITHOUT A LICENSE
F OPER VEH W/0 REQ'D FINANC RESP
ON MONDAY 7/23/12 AT APPROXIMATELY 1800HRS, THIS STATION
RECEIVED A REPORT FROM RAY DELP REPORTING HE WAS INVOLVED IN
A MINOR ACCIDENT AT THE INTERSECTION OF W HIGH ST AND PITT ST.
UPON ARRIVAL, I LOCATED DELP AND THE OTHER INVOLVED PARTY,
IDENTIFIED AS MATTHEW SOURBEER. BOTH VEHICLES WERE LOCATED
MID -BLOCK ON S PITT ST, WHERE THEY HAD MOVED TO GET OUT OF
TRAFFIC.
AFTER SPEAKING WITH BOTH PARTIES IT WAS DETERMINED THAT DELP
WAS OPERATING HIS 2008 MAROON HYUNDAI ACCENT (UNIT 2) IN THE
100 BLOCK OF W HIGH ST, TRAVELING EAST BOUND. UNIT 2 WAS
ATTEMPTING TO MAKE A RIGHT TURN ONTO 3 PITT ST, WHEN A
PEDESTRIAN STARTED TO CROSS FROM THE SOUTHEAST CORNER AND
STEPPED INTO THE CROSSWALK. DELP REACTED TO THE PEDESTRIAN
AND STOPPED UNIT 2 AS HE WAS MAKING THE TURN.
SOURBEER WAS OPERATING HI3 1995 SILVER LINCOLN TOWNCAR (UNIT 1)
AND WAS TRAVELING BEHIND UNIT 2. SOURBEER WAS TRAVELING
STRAIGHT THROUGH THE INTERSECTION AND CONTINUED TO DO SO WHEN
UNIT 2 BEGAN TO TURN. SOURBEER DID NOT REACT IN TIME TO WHEN
UNIT 2 STOPPED FOR THE PEDESTRIAN, AND COLLIDED WITH UNIT 2.
THE PASSANGER SIDE CORNER OF THE FRONT BUMPER ON UNIT 1,
IMPACTED WITH THE REAR BUMPER OF UNIT 2, ON THE DRIVER SIDE
CORNER. BOTH UNITS SUSTAINED MINOR DAMAGE TO THE IMPACT POINTS
AND WERE CONSIDERED DRIVABLE.
I COLLECTED INFORMATION FROM BOTH PARTIES AND DISCOVERED THAT
SOURBEER HAD NO INSURANCE CARD IN UNIT 1. BOTH PARTIES STATED
THAT THEY WERE GOING TO EXCHANGE INFORMATION, BUT DELP CALLED
FOR POLICE WHEN SOURBEER COULD PROVIDE NO INSURANCE INFORMATION.
WHEN RUNNING LICENSE INFORMATION, I ALSO DISCOVERED THAT
MUMMER'S LICENSE WAS EXPIRED.
I FILED AN ACCIDENT RECEIPT AND PROVIDED COPIES TO BOTH PARTIES.
I ADVISED SOURBEER TO CONTACT ME AS SOON AB POSSIBLE WITH
CURRENT INSURANCE INFORMATION. SOURBEER WAS ALSO ISSUED A
CITATION FOR DRIVING WITHOUT A LICENSE. I ADVISED DELP BEFORE
RELEASE, THAT I WOULD CONTACT HIM WITH SOURBEER' S INFORMATION
ONCE IT WAS PROVIDED.
Exhibi
B
Claim # Loss Date Policy Number Insured Policy Period
Ma
JBM 7/23/12
Ray E Delp
Claimant name: RAY DELP
Loss Description: Collision
2/21/12 - 8/21/12
Payee Name: Ray E Delp
Address: 25 Garden Pkwy
Carlisle, PA 17013
Check notes: full payment for collision loss on 07/23/12
PA+ ded waiver-uninsured
Check Number: 769
Date Issued: /13/12
Check Amt: 1,272.50
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
pix ;tZI)ribeti, t_ ,
Jody S Smith # ! [q NI 2 ' i
Chief Deputy
Richard W Stewart r° . tj' { L;iND l Mari i
Solicitor 'EY '—,Nil
Goodville Mutual Casulty
Case Number
vs.
Matthew Sourbeer 2014-3309
SHERIFF'S RETURN OF SERVICE
06/11/2014 05:02 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested
Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the
Defendant, to wit: Matthew Sourbeer at 306 East North Street, Carlisle Borough, Carlisle, PA 17013.
ArYlattrift
AMANDA EBERSOLE, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
June 12, 2014 RONIV R ANDERSON, SHERIFF