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HomeMy WebLinkAbout14-4537 Supreme Co 111 'Pennsylvania Con Cmmo leas For Prothonotary Use Only: V vt � Docket No: County - V53 a - a The information collected on this form is used solely for court administration purposes. This form does not supplement oi-replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S Xi Complaint I® Writ of Summons 13 Petition E J Transfer from Another Jurisdiction ® Declaration of Taking I C Lead Plaintiffs Name: Lead Defendant's Name: f Z' STATE FARM MUTUAL AUTOMOBILE INSURANCE CBI JESSE GARCIA AND GABRIEL GARCIA I I Are moneydamages requested? 'X Yes ❑❑ No Dollar Amount Requested: Owithin arbitration limits 10 1 g re 9 (check one) Doutside arbitration limits N Is this a Class Action Suit? [3 Yes 0 No Is this an MDJAppeal? 0 Yes J No A Name of Plaintiff/Appellant's Attorney: JAMES J. GLUCK, ESQ. 0 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) 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) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card -1 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 1 ® Nuisance Dept.of Transportation S © Premises Liability 8Statutory Appeal:Other El Product Liability(does not include E mass tort) © Employment Dispute: SlSlander/Libel/Defamation Discrimination I® C [3 Other: ® Employment Dispute:Other 0 Zoning Board T ❑ Other: I ' 0 Other: O MASS TORT + 0 Asbestos } N 0 Tobacco [] Toxic Tort-DES [3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation ❑ Declaratory Judgment B I- l Ground Rent r1lMandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental © Partition 0 Replevin 0,Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: i Updated I/1/2011 t � Fll r James J Gluck,Esq. AIJO Hennessy&Walker Group cu j, ' 217 Washington Street i��iL/t Toms River,NJ 08753 PEP')YSY �JOUI�T Y 732-505-4800 Attorney I.D. 71927 State Farm Mutual Automobile : In the Court of Common Pleas Insurance Company a/s/o Paul Nickalls : Cumberland County,Pennsylvania P.O.Box 2371 Bloomington,IL 61702 : Civil Action Law vs. :No: Jesse Garcia 3101 Lisburn Road Mechanicsburg,PA 17055 and Gabriel Garcia 901 Penn Street Oberlin,PA 17113 NOTICE AVISO You have been sued in court. If you wish to defend against Le han demandado a usted en la cone. Si usted quiere the claims set forth in the following pages, you must take defenderse de estas demandas expuestas en las pAginas action within twenty (20) days after this complaint and siguientes,usted tiene veinte(20)dias de plazo ai partir de notice are served, by entering a written appearance la fecha de la demanda y la notificaci6n. Hace faita asentar personally or by attorney and filing in writing with the una comparecia escrita o en personas o con un abogado y court your defenses or objections to the claims set forth entregar a la cone en forma escrita sus defenses o sus against you. You are warned that if you fail to do so the objeciones a las demandas en contra de su persona. Sea case may proceed without you and a judgment may be avisado que si usted no se defiende, la corte tomara entered against you by the court without further notice for medidas y puede continuar la demanda en contra suya sin any money claimed in the complaint or for any other claim previo aviso o notificaci6n. Ademas,la corte puede decidir or relief requested by the plaintiff. You may lose money or a favor del demandante y requiere que usted cumpla con property or other rights important to you. todas las provisiones de esta demanda. Usted puede perdee dinero o sus propiedades u otros derechos importantes para You should take this paper to your lawyer at once. If you usted. do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you Lleva esta demands a un abogado inmediatamente. Si no can get legal help. tiene abogado o si no tiene el dinero suftciente de pagar tal servicio. Vaya en persona o Home por telefono a la oficina Cumberland County Bar Association cuya direcci6n se encuentra escrita abojo para averiguar 32 S.Bedford Street donde se puede conseguir asistencin legal. Carlisle,PA 17013 (717)249-3166 Cumberland County Bar Association (800)990-9108 32 S.Bedford Street Carlisle,PA 17013 (717)249-3166 6S (800)990-9108 C '� t13.�S CXTL "� 2dQA �a 9 James J. Gluck, Esquire Hennessy& Walker Group, P.C. 217 Washington Street Toms River,NJ 08753 (732) 505-4800 Attorney I.D. 74970 Attorney for Plaintiffs State Farm Mutual Automobile In the Court of Common Pleas Insurance Company a/s/o Paul Nickalls Cumberland County, Pennsylvania P. O. Box 2371 Bloomington, IL 61702 Civil Action VS. : No. Jesse Garcia 3101 Lisburn Road Mechanicsburg, PA 17055 and Gabriel Garcia 901 Penn Street Oberlin, PA 17113 COMPLAINT 1. Plaintiff State Farm Mutual Automobile Insurance Company is an insurance carrier licensed to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above-captioned address. 2. Paul Nickalls is an adult and on or about November 8, 2013, was the registered owner of a 2001 Toyota motor vehicle insured under a policy of insurance issued by State Farm Mutual Automobile Insurance Company. 3. Defendant Gabriel Garcia is an adult, residing at 901 Penn Street, Oberlin, Pennsylvania 17113, and on or about November 8, 2013, was the registered owner of a 1996 Honda motor vehicle bearing Pennsylvania License Plate: JKC3979, and the parent and/or legal guardian of Defendant Jesse Garcia. 4. Defendant Jesse Garcia is an adult, residing at 3101 Lisburn Road, Mechanicsburg, Pennsylvania 17055, and on or about November 8, 2013, was a minor and operator of the aforesaid Honda motor vehicle. 5. On or about November 8, 2013, while operating the aforesaid Honda motor vehicle on Rossmoyne Road at the intersection of Louise Drive in Lower Allen Township, Pennsylvania, Defendant(s) carelessly and/or negligently made a left turn without proper clearance and caused a collision with the aforesaid Toyota motor vehicle as Plaintiff's insured traveled on Rossmoyne Road in the opposing lane of traffic through the aforesaid intersection with the right of way, resulting in extensive damage to the aforesaid Toyota motor vehicle in the amount of$7,390.78. 6. The aforesaid damage was a direct and proximate result of Defendant's negligence and/or carelessness. 7. As the parent and/or legal guardian of Defendant Jesse Garcia on or about November 8, 2013, Defendant Gabriel Garcia owed a duty to Plaintiff and others who might be injured by the careless and/or negligent conduct of Defendant Jesse Garcia. 8. Pursuant to the insurance policy herein mentioned, Plaintiff State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls has incurred and paid expense and other damages in the amount of$7,390.78. WHEREFORE, Plaintiff State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls demands judgment against the Defendants in the amount of$7,390.78 which includes Plaintiff's deductible, plus interest and costs of suit. V zn aures J..GI ck, Esq ire e a cer Group, P.C. 1071-4203PA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C, THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor ttr o1 Errurabrly4y1d 2:3Iti AUG 22 P11 3: 10 CUMBERLAND COUNTY S O flC�'QFfl-E$ RIFF PENNSYLVANIA LYANIA• State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls Case Number vs. Jesse Garcia (et al.) 2014-4537 SHERIFF'S RETURN OF SERVICE 08/01/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gabriel Garcia, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 08/04/2014 05:07 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Theresa Cagle, Mother, who accepted as "Adult Person in Charge" for Jesse Garcia at 3101 Lisburn Road, Lower Allen, Mechancisburg, PA 17055. Zel,tnel via" DAWN KELL, DEPUTY 08/11/2014 10:41 AM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Gabriel Garcia, personally, at Dauphin County Sheriffs Office at 101 Market Street, Room 104, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $64.30 SO ANSWERS, August 14, 2014 RONF-R ANDERSON, SHERIFF (c) Cou ntvSuite Sheriff, Teleosofi, Inc. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin ti of , F e` c$i er Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/O PAUL NICKALLS GABRIEL GARCIA Sheriffs Return No. 2014-T-2187 OTHER COUNTY NO. 2014-4537 VS And now: AUGUST 11, 2014 at 10:41:00 AM served the within NOTICE & COMPLAINT upon GABRIEL GARCIA'by personally handing to GABRIEL GARCIA 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, 101 MARKET STREET, ROOM 104 HARRISBURG PA 17101 DEFENDANT VERIFIED GOOD ADDRESS IS 901 PENN STREET, OBERLIN, PA 17113. Sworn and subscribed to before me this 12TH day of August, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of Dauphin County, Pa. By Deputy She iff • Deputy: M GAN TRITT Sheriffs Costs: $43.25 8/6/2014 Economides & Economides Attorneys at Law By: Richard E. Chesney, Jr. Attorney Id No. 204610 85 Old Eagle School Road, Suite Wayne, PA 19087 (484) 388-4534 Attorney for Defendants Jesse Garcia and Gabriel Garcia CEO OFF/i UP FIC PRO tiONO 42 1 S&P 26 111/: S2 CW18E-Rt./IND COO 201 PENNS YI.VANIA IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls, Plaintiff. V. Jesse Garcia And Gabriel Garcia, Defendants. TO PROTHONOTARY: No. 14-4537 ENTRY OF APPEARANCE Kindly enter the appearance of Richard Chesney, Jr., Esquire, as attorney for Defendants Jesse Garcia and Gabriel Garcia in reference to the above -captioned case. By: ES AND ECONO V DES Economides & Economides Attorneys at Law By: Richard E. Chesney, Jr. Attorney Id No. 204610 85 Old Eagle School Road, Suite 201 Wayne, PA 19087 (484) 388-4534 Attorney for Defendants Jesse Garcia and Gabriel Garcia pc- �'!1SEP2S IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls, Plaintiff. V. Jesse Garcia And Gabriel Garcia, Defendants. 1. Admitted. No. 14-4537 ANSWER 2. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the additional averments and accordingly, said averments are denied. Strict proof is demanded at trial. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the additional averments and accordingly, said averments are denied. Strict proof is demanded at trial. 4. Denied. After knowledge or the additional Strict proof is 5. Denied. After knowledge or the additional Strict proof is 6. Denied. After knowledge or the additional Strict proof is reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of averments and accordingly, said averments are denied. demanded at trial. 7. Denied. After knowledge or the additional Strict proof is reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of averments and accordingly, said averments are denied. demanded at trial. reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of averments and accordingly, said averments are denied. demanded at trial. reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of averments and accordingly, said averments are denied. demanded at trial. COUNT II 8. Defendant incorporates by reference paragraphs 1- 7 above, inclusive, as if set forth herein at length. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the additional averments and accordingly, said averments are denied. Strict proof is demanded at trial. NEW MATTER 10. Answering Defendant says that any damages suffered by plaintiffs as a result of the circumstances pled in plaintiffs' complaint were the direct result of plaintiff's failure to take reasonable action to prevent damages, and by such failure, plaintiff failed to mitigate any damages in this action by failing to take the necessary steps to mitigate the damage. 11. Plaintiffs in this matter may be either uninsured or subject to the "limited tort" option and that their complaint is barred in whole or in part by the provisions of the Pennsylvania Vehicle Financial Responsibility Law. 12. The negligence and/or comparative negligence of the plaintiff was the sole and/or proximate cause of the alleged damages in plaintiffs' complaint. 13. Answering Defendant was not the proximate cause of plaintiff's alleged damages and/or injuries. 14. The doctrine of laches and the statute of limitation bar plaintiffs' complaint. 15. Plaintiff fails to state a cause of action upon which relief can be granted. 16. Plaintiff's alleged damages were proximately caused by the acts or omissions of parties not under the control of answering defendant, thereby precluding recovery against said defendant. 17. At no time did Defendant cause Plaintiff's alleged injuries and/or losses. By: EC L IDES AND ECO I ES ' ICHARD Eff,'rY, JR. Economides & Economides Attorneys at Law By: Richard E. Chesney, Jr. Attorney Id No. 204610 85 Old Eagle School Road, Suite 201 Wayne, PA 19087 (484) 388-4534 Attorney for Defendants Jesse Garcia and Gabriel Garcia IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls, Plaintiff. v. Jesse Garcia And Gabriel Garcia, Defendants. No. 14-4537 CERTIFICATION OF SERVICE I, Richard E. Chesney, Jr., Esq., hereby certify that a true and correct copy of the foregoing Answer with New Matter was served upon the following counsel via regular mail on this, the 24°d Day of September, 2014: James J. Gluck, Esq. Hennessy & Walker Group 217 Washington Street Toms River, NJ 08753 By: ECS o IES AND ECO IDES ICHARD " SNEY, JR. I, Richard E. Chesney, Jr., hereby state that I am counsel for Defendants Jesse Garcia and Gabriel Garcia in this action, I am authorized to execute this Verification on their behalf, and the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to au - or' es. Date: Richa fi• esney, Jr. James J. Gluck, Esquire Hennessy & Walker Group, P.C. 217 Washington Street Toms River, NJ 08753 (732) 505-4800 Attorney I.D. 74970 Attorney for Plaintiffs LED-017FICE CE THE PROTHONOTARY 2014 OCT I 0 , 12: 6 CUMBERLAND COUNTY PENNSYLVANIA State Farm Mutual Automobile Insurance Company a/s/o Paul Nickalls P. O. Box 2371 Bloomington, IL 61702 VS. Jesse Garcia 3101 Lisburn Road Mechanicsburg, PA 17055 and Gabriel Garcia 901 Penn Street Oberlin, PA 17113 : In the Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action : No. 14-4537 PLAINTIFF'S REPLY TO NEW MATTER Plaintiffs, State Farm Mutual Automobile Insurance Company als/o Paul Nickalls, through their undersigned counsel, Hennessy & Walker Group, P.C., hereby files the following Reply to New Matter and in support thereof avers as follows: 10.-17. Denied. The allegations in these paragraphs are legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, those allegations are specifically denied, and strict proof there of demanded at trial. To the extent these allegations attempt to interpret, discuss or characterize Pennsylvania Substantive or statutory law, the law speaks for itself and any interpretation, discussion or characterization of the law by Defendants is specifically denied. WHEREFORE, State Farm Mutual Automobile Insurance Company a/slo Paul Nickalls„ demands judgment against the Defendant(s) as set forth in the Original Complaint (in the amount of $7,390.78) plus interest and costs of suit. HENNESSY & WALKER GROUP, P.C. 1071-4203P A STATE OF NEW JERSEY: COUNTY OF OCEAN : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, record and other investigative material in the file. Date: Hennessy & Walker Group, P.C. CERTIFICATION OF SERVICE I, James J. Gluck, Esquire, attorney for Plaintiffs, certify that the foregoing Reply to New Matter of Defendant was served upon Counsel for Defendant below by First Class Mail, postage prepaid on the GA) of October, 2014 at the following address: Richard E. Chesney, Jr., Esquire Lam, Offices of Economides & Economides 85 Old Eagle School Road Suite 201 Wayne, PA 19087 HENNESSY & WALKER GROUP, P.C. 1071-4203PA