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20245037 THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 S. 21a` Street, Philadelphia, PA 19103
(215) 988-9600 Attorney for Plaintiff
Erie Insurance Exchange,
Individually and as Subrogee
on behalf of Steven M. Gensel
and Jacquie A. Gensel
4901 Louise Drive
Mechanicsburg PA 17055
and
Steven M. Gensel and
Jacquie A. Gensel
501 S. Hanover Street
Carlisle PA
VS.
Jamie Johnson
24 S. Hanover Street, Apt. 1
Carlisle PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 0(o -?2176? C! Vt-??
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT 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, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL ACTION
1. Steven M. Gensel and Jacquie A. Gensel (the
"Plaintiffs", are adult individuals residing at the address above
captioned.
2. Plaintiff, Erie Insurance Exchange, is a corporation
duly authorized to conduct business within the Commonwealth of
Pennsylvania, and is subrogated to the rights of the Plaintiff
arising out of the within claim.
3. Jamie Johnson, (the "Defendant"), is an individual
residing at the above-captioned address.
4. On or about October 19, 2004, the Plaintiffs did sub-
lease an apartment on the second floor of 501 S. Hanover Street,
Carlisle, Pennsylvania, to the Defendant.
5. On or about October 19, 2004, the Defendant
purposefully and maliciously clogged the toilet in said premises,
causing the same to overflow.
6. As a result of Defendant's actions, the overflow of
water damaged the apartment unit on the second floor and its
contents, as well as the apartment on the first floor and the
basement.
7. At the time and place aforesaid, the negligence and
carelessness of the Defendant consisted of purposefully and
maliciously clogging the toilet in the rented apartment so that
the same overflowed and caused the damage aforementioned.
r
8. As a result of Defendant's negligences and
carelessness, the aforesaid premises sustained damages in the
amount of $14,230.00.
9. At all times material hereto the plaintiffs were
insured by plaintiff, Erie Insurance Exchange.
10. As a further result of the defendant's negligence, Erie
Insurance Exchange has made compensation for said property loss
to the plaintiffs.
11. Plaintiff Erie Insurance Exchange individually and as
subrogee on behalf of the plaintiffs, Steven M. Gensel and
Jacquie A. Gensel, has paid money to the plaintiffs for property
damage in the amount of $14,230.00 for which plaintiff demands
remuneration from the defendant.
, Plaintiff, Erie Insurance Exchange, claims
damages from the Defendant, in the amount of $14,230.00, 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:
FREDERICINBERG, ESQUIRE
PAUL M. C IELD, JR., ESQUIRE
Attorney for Plaintiffs
POld
20245037
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiffs in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
FREDERIC I W NBERG, ESQUIRE
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SHERIFF'S RETURN - NOT FOUND
Y CASE NO: 2006-02759 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ERIE INSURANCE EXCHANGE
VS
JOHNSON JAMIE
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
JOHNSON JAMIE but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT JOHNSON JAMIE
24 SOUTH HANOVER STREET APT 1
CARLISLE, PA 17013
ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE
UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION.
Sheriff's Costs: So answers:
Docketing 18.00
Service 13.20
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
46.20? GORDON & WEINBERG
lf/17/0? 06/15/2006
Sworn and Subscribed to before
me this day of
A. D.
Curtis R. Long
Prothonotary
(Office of the Protbonotarp
Cumberlanb (fountp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
t7(?, -a CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573