Loading...
HomeMy WebLinkAbout14-4888 ' Supfreme Cq* o Pennsylvania Coup 33 41'in m o leas For Prothonotary Use Only: C fl t Docket No: CU County J T The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice of pleadings or other papers as required by law or rules of court. Commencement of Action: ER Complaint 0 Writ of Summons El Petition S EJ Transfer from Another Jurisdiction [3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Pennsylvania National Mutual Casualty Insurance Come Joshua Koch and Curtis Tomlinson Dollar Amount Requested: Ox'within arbitration limits Are money damages requested? EM Yes 0 No I (check one) []outside arbitration limits 0 N Is this a Class Action' Suit? Yes 0 No Is this an MDJAppeal? © Yes ®R No A Name of Plaintiff/Appellant's Attorney: Thomas E. Brenner, Esquire El 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies M Malicious Prosecution Debt Collection: Credit Card [3 Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance Dept.of Transportation Premises Liability 8 Statutory Appeal:Other S Product Liability(does not include ® Employment Dispute: E mass tort) Discrimination [3 Slander/Libel/Defamation ®Employment Dispute:Other ® Zoning Board C Other: T r] Other: 1 0 Other: O MASS TORT 0 Asbestos N [3 Tobacco [3 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS r_1 Toxic Waste 0 Ejectment M Common Law/Statutory Arbitration B M Other: Eminent Domain/Condemnation ® Declaratory Judgment Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations E3 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY f171 Mortgage Foreclosure:Commercial nQuo Warranto [3 Dental rl Partition 0 Replevin [3 Legal 0 Quiet Title 13 Other: [3 Medical [3 Other: n Other Professional: Updated 1/1/2011 S v IN THE COURT OF COMMON PLEAS r` 1•'RU Tl-ij', OF CUMBERLAND COUNTY, PENNSYLVANIA ?G i�y 1 i ! AUG f . Pennsylvania National Mutual Casualty � A)6"��• � CU11BERLAND Insurance Company a/s/o Davida Rosenfeld : P NNSY VAtj U$ T � Plaintiff ll ,, 881& v. No.. I L� "l Ill( Joshua Koch and Curtis Tomlinson Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following paged, 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 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 C i v a� {00711683;v1} �' �a�'(�1 a y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania National Mutual Casualty Insurance Company a/s/o Davida Rosenfeld Plaintiff No.. V. Joshua Koch and Curtis Tomlinson Defendants NOTICIA Le has demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguintes, useted tiene viente (20) dias de plaza al partir de las fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o enpersona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUGICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OPICINA CUYA DIRECCI9ON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 {00711683;vl} Thomas E.Brenner,Esquire GOLDBERG KATZMAN,P.C. 4250 Crums Mill Road, Ste. 301 P. O.Box 6991 Harrisburg,PA 17112 (717)234-4161 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania National Mutual Casualty Insurance Company a/s/o Davida Rosenfeld Plaintiff No.. V. Joshua Koch and Curtis Tomlinson Defendants COMPLAINT AND NOW, comes Plaintiff, Pennsylvania National Mutual Casualty Insurance Company by and through its attorneys, Goldberg Katzman, P.C., who states: UNT I PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE DAVIDA ROSENFELD v. JOSHUA KOCCOMPANY A/S/O 1. Plaintiff, Pennsylvania National Mutual Casualty Insurance Company (hereinafter "Penn National")I is a business entity with an address of 2 North Second Street, Harrisburg, Dauphin County, Pennsylvania authorized to issue policies of insurance within the Commonwealth Pennsylvania. 2. Defendant Joshua Koch is an adult individual residing at 118 Peach Orchard Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant Curtis Tomlinson is an adult individual with an address of 652 Oakville Road, Shippensburg, Cumberland County, Pennsylvania {00711683;vl) a 4. This matter arises from a motor vehicle accident that occurred on November 18, 2013 in the 300 block of Garland Drive, Carlisle, Pennsylvania. 5. At the time and place aforesaid, Davida Rosenfeld had legally parked her 2008 Toyota along Garland Drive. 6. Defendant Joshua Koch was operating a 1997 Saturn proceeding east on Garland Drive at approximately 9:00 p.m., owned by Defendant Tomlinson. 7. Defendant Koch negligently, carelessly and recklessly operated the vehicle so as to impact the Rosenfeld vehicle that was legally parked on the south side of the 300 block of Garland Drive striking the rear driver's side of the Rosenfeld vehicle. 8. The aforesaid accident arose from the negligence, carelessness and recklessness of Defendant Koch in that he: a. ° Failed to remain attentive to road conditions as he operated the vehicle; b. Took his eyes off of the roadway as he operated the vehicle; C. Permitted the vehicle to strike a parked vehicle along the roadway; d. Operated his vehicle at a speed excessive for the circumstances; and e. Violated the rules and regulations for the operation of motor vehicle in the Commonwealth of Pennsylvania. 9. As a result of the aforesaid accident, the Rosenfeld vehicle was declared a total loss with a net value Of-$10,898-00 and rental expense of$745.05 with the total amount of $11,643.05. 10. Demand has been made upon Defendants and there has been no response. 11. Davida Rosenfeld has contacted Plaintiff, her insurance carrier, and submitted a claim which has been paid by Penn National who pursues the present action in subrogation. {00711683;v1} WHEREFORE, Plaintiff demands judgment against Defendant Joshua Koch in the amount of$11;643.05,jointly and severally along with costs of suit. COUNT H PENNSYLVANIA NATIONAL MUTUAL CASUALTY IN SUNCE DAVIDA ROSENFELD v. CURTIS TOMLIN ON COMPANY A/S/O 12. The averments to paragraphs 1 through 11 are incorporated herein by reference. 13. Defendant Curtis Tomlinson owned the 1997 Saturn operated by Defendant Joshua Kcoh. t 14. Defendant Koch was acting as an agent, servant or employee of Defendant Tomlinson at the time of the accident. 15. In the alternative, Defendant Tomlinson negligently entrusted his vehicle to Defendant Koch who he knew or should have known was not competent to operate the vehicle. 16. Defendant Tomlinson is responsible under applicable law for the damages caused by Defendant Koch. WHEREFORE, Plaintiff demands judgment against Defendant Curtis Tomlinson in the amount of$11,643.05,jointly and severally along with costs of suit. GOLDBERG KATZMAN, P.C. B omaE. Brenner, Esquire Atty No.: 32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Date: �(� I l (717) 234-6808 (facsimile) Attorney for Plaintiff {00711683;v1} . I. VERIFICATION SS�l a representative of Pennsylvania National I Mutual Casualty Insurance Company hereby acknowledge that I have read the foregoing going document, and that the facts stated therein are true and correct to the best of my knowledge, i information and belief. i I understand that any false statements herein are made subject toenalt' p res of 18 pa, C.S. Section 4904,relating to unsworn falsification to authorities. ' I i i Pennsylvania National Mutual Casualty Insurance Company By: Date: y j I I t i f 00711683;vl) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4 H :IRSEP 30 3: CI.Ifl3ERLAND COUNIY PENNSYLVANIA Pennsylvania National Mutual Casulaty Insurance Company vs. Case Number Joshua Koch (et al.) 2014-4888 SHERIFF'S RETURN OF SERVICE 09/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Curtis Tomlinson, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 652 Oakville Road, North Newton, Shippensburg, PA 17257. Deputies were advised that the defendant is believed to have moved to Newville and per the Shippensburg Postmaster the defendant is not known at the address provided. 09/08/2014 03:22 PM - Jamie DiMartle, Deputy Sheriff served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joshua Koch at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. E DIMARTLE, DEPUTY SHERIFF COST: $116.80 SO ANSWERS, September 18, 2014 (c) Count ui,e Shot If. Teleosofi, Inc. RONNY R ANDERSON, SHERIFF