Loading...
HomeMy WebLinkAbout06-5579Robert P. Reed, Esquire Law Office of Robert P. Reed 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Reedlaw@hughes.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. ENDERS CIVIL ACTION - LAW 11 Richland Lane, Apt. 101 Camp Hill, PA 17011 Plaintiff No.: 0(421 vs. WESLEY D. MINNICH 32 Greenmont Drive Enola, PA 17025 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 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 717 249-3166 800-990-9108 LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Counsel for Plaintiff Dated: r/ -a/ ` ©(o Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Email: email: reedlaw@hughes.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. ENDERS CIVIL ACTION LAW 11 Richland Lane, Apt. 101 Camp Hill, PA 17011 Plaintiff No.: OL• - -TI? VS. WESLEY D. MINNICH 32 Greenmont Drive Enola, PA 17025 Defendant COMPLAINT AND NOW, comes the Plaintiff by his Attorney, Robert P. Reed, Esquire, and makes claim against the Defendant as follows: 1. Plaintiff, James S. Enders, is an adult individual residing at 11 Richland Lane, Apt. 101, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Wesley D. Minnich is an adult individual residing at 32 Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The events and occurrence hereinafter related took place at or about 10:00 a.m. on Thursday, May 5, 2005 at or about the residence of the Plaintiff. 4. At the time and place aforesaid, Plaintiff was the owner of a 2000 Ford Focus sedan which was legally parked at his residence. At the time and place aforesaid, Defendant maliciously, wantonly, intentionally, and without provocation vandalized the Plaintiff's vehicle causing damage to its door and breaking glass. 6. The aforesaid damages to the Plaintiff's vehicle required repair in the sum of $645.41 as reflected in the estimates attached hereto collectively as Exhibit A. 7. After inflicting damage on the Plaintiff's vehicle, Defendant gained entry to the Plaintiff's residence where he maliciously, wantonly, intentionally and without provocation proceeded to destroy items of personalty including a 27 inch RCA television, Onkyo tuner and amplifier, Sony Playstation game player, Sony CD player, and a ceramic sculpture. 8. The value of the foregoing items of personalty at the time of their destruction, including tax thereon, came to the sum of $1,218.98 as reflected in the itemization attached hereto as Exhibit B. 9. In addition to the foregoing Defendant destroyed other items of personalty including a trophy of a value of $150, and a picture of a value of $75. 10. The costs of repair for damaged property and value of personalty for destroyed property, all of which was caused by the intentional, malicious, wanton and unprovoked conduct of the Defendant, therefore amounted to $2089.39 which sum the Plaintiff is entitled to recover from the Defendant. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $2,089.39 together with interest from May 5, 2005, and the costs of this action, which sum is within the jurisdictional limit for compulsory arbitration in Cumberland County. LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, PA 17024 717 582-3008 Attorney's I.D. No. 15624 Q ? Counsel for Plaintiff Dated: EXHIBIT A -1 LOG #: 3417716 MOTORISTS INSURANCE COMPANIES AMERICAN HARDWARE INSURANCE GROUP 2674 MONROEVILLE BOULEVARD MONROEVILLE, PENNSYLVANIA 15146 (412) 856-0740 (800) 876-7498 CD LOG NO 943 -0 CLAIM INFORMATION CLAIM # 3-760651 COMPANY MMIC INSURED ENDERS, JAMES CLAIMANT INSPECTION TYPE FIELD PRIMARY POI RIGHT DOOR APPRAISER NAME JIM PARSON LICENSE # 130843 WORK PHONE (717) 789-0073 ADDRESS PO BOX 200 CITY STATE SHERMANSDALE ZIP 17090- OWNER ENDERS, JAMES 11 RICHLAND LANE APT101 CAMP HILL PA 17011- REPAIR UNKOWN VEHICLE 2000 FORD FOCUS SE 4 DR SEDAN 4CYL GASOLINE 2.0 OPTIONS TWO-STAGE - EXTERIOR SURFACES AIR CONDITIONING REMOTE KEYLESS ENTRY SYSTEM ELEC REMOTE CONTROL MIRRORS BODY COLOR WHITE CONDITION GOOD LICENSE # EVJ-4809 LICENSE STATE PA REMARKS: DRAFT ISSUED & LEFT W/OWNER DEDUCTIBLE PAID TO GLASS COMPANY. ESTIMATE 05-25-05 12:23 PM POLICY # 06.59644107 CLAIM REP SEAN WARMAN LOSS DATE 05-05-05 LOSS TYPE COMPREHENSIVE SECOND POI FAX (717) 789-0014 INSP DATE 05-25-05 PA LOCATION RESIDENCE CITY STATE CAMP HILL WORK#(717) 497-4576 HOME#(717) 763-8058 CAR IN REPAIR 1 DAYS TWO-STAGE - INTERIOR SURFACES HEATED BACK GLASS POWER DOOR LOCKS MILEAGE 1 VIN 1FAFP3436YW415205 CODE P157 VEH INSP # PA -1- 'Y 2000 FORD FOCUS SE 4 DR SEDAN CLAIM # 3-760651 LOG 943 -0 05-25-05 12:23 PM OP CODES: * = USER-ENTERED VALUE E = REPLACE OEM NG = REPLACE.NAGS EC = REPLACE ECONOMY UE = OE SURPLUS UC = RECONDITIONED PRT UM = REMAN/REBUILT PRT EU = QLTY RECYCLED PART EP = REPLACE PXN OE = PXN OE SRPLS PC = PXN RECONDITIONED PM = PXN REMAN/REBUILT TE = PARTL REPL PRICE ET = SECTION/PARTIAL REPL IT = PARTIAL REPAIR I = REPAIR L = REFINISH BR = BLEND REFINISH TT = TWO-TONE CG = CHIPGUARD SB = SUBLET N = ADDITIONAL LABOR RI = R&I ASSEMBLY P = CHECK/INSPECT AA = APPEAR ALLOWANCE RP = RELATED PRIOR UP = UNRELATED PRIOR OP GDE MC DESCRIPTION -- --- -- ----------- MFR.PART NO. PRICE AJ% B* HOURS R E 0302 W/STRIP,BELT OUTER ------------ RT 3S4Z5425596AA ----- --- -- ----- 19.70 0.2 - 1 E 0322 MLDG,REAR DOOR SCAL RT YS4Z54255A62DA 30.02 0.2 1 E 0094 01 PNL,INNER DOOR TRIM RT YS4Z5427406EAA 217.52 0.4 1 N M60 HAZARDOUS WASTE REMOVA ADDITIONAL LABOR 3.00* 1 4 ITEMS MC MESSAGE 01 CALL DEALER FOR EXACT PART # / PRICE FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS $ 267.24 OE SURPLUS PARTS OTHER PARTS $ 3.00 PAINT MATERIAL ADJUSTMENTS DISCOUNT MARKUP PARTS & MATERIAL TOTAL $ 270.24 TAX ON PARTS & MATERIAL @ 6.000 $ 16.21 LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL $ 40.00 0.8 $ 32.00 2-MECH/ELEC $ 45.00 3-FRAME $ 45.00 4-REFINISH $ 40.00 5-PAINT $ 20.00 LABOR TOTAL TAX ON LABOR SUBLET REPAIRS TAX ON SUBLET TOWING STORAGE $ 32.00 @ 6.0001 $ 1.92 @ 6.000W to -2- 2000 FORD FOCUS SE 4 DR SEDAN CLAIM # 3-760651 LOG 943 -0 05-25-05 12:23 PM GROSS TOTAL $ 320.37 LESS: DEDUCTIBLE NONS- (00 C`2 NET TOTAL $ 320.37 PXN Y/00/00/00/00/00 CUM 00/00/00/00/00 GEOCODE: 17112 HARRISBURG ADP PENPRO W0412 ES LOG943 -0 05-25-05 12:28:17 REL 4.12.1 DT05/05 (C) 1993 - 2005 ADP CLAIMS SOLUTIONS GROUP, INC. ------------------------------------------------------------------------------- **** THIS ESTIMATE MUST BE PRESENTED TO THE REPAIR SHOP. FAILURE TO PRESENT THIS TO THE SHOP PRIOR TO REPAIRS COULD RESULT IN ADDITIONAL CHARGES TO THE VEHICLE OWNER. **** THIS IS NOT AN ORDER TO REPAIR. THIS ORDER CAN ONLY BE OBTAINED FROM THE CAR OWNER. ANY ADDITIONAL PARTS AND LABOR MUST BE APPROVED BY THE ESTIMATOR LISTED ABOVE OR A CLAIMS REPRESENTATIVE OF THE COMPANY. COLLISION DEDUCTIBLES, BETTERMENT AND DEPRECIATION SHOULD BE COLLECTED FROM THE OWNER. GUARDIAN GLASS NETWORK 600 LAKEVIEW PLAZA BLVD, SUITE A WORTHINGTON, OH 43085 GUfA.RI]?IAN 800-662-4544 A ComMny of Vision MOTORISTS MUTUAL - PAPER 471 E. BROAD ST. SUITE 200 COLUMBUS OH 43215 614-225-8690 INVOICE NUMBER 133479 INVOICE DATE 6/8/2005 FED TAX NU R 34-0801385 WORK ORDER NO. 167014 WORK ORDER DATE 5/10/2005 Insured: JAMES ENDERS Claimant: Deductible: 100 11 RICHLAND LN APT 101 Policy No.: 23320659644107 Claim No.: 3-760651 -S C u' CAMP HILL, PA 17011 Approved By: Phone: (H) 717-497-4576 PO No.: MI) Ext.: CSR: KSP Loss Cause: VANDALISM Loss Date: 51512005 Completed Date: 5124/2005 Vehicle: 2000 FORD FOCUS 4 DOOR SEDAN License: V.I.N.: 1FAFP3436YVJH15205 Mileage: Comments: SEND THE INVOICE TO MOTORIST PITTSBURGH BRANCH. 0511012005 10:12:22 AM KID QTY PART DESCRIPTION LIST PRICE TOTAL 1.0 DD09524GTYN (Door)(Rear)(Ripht)(Solar Controlled) 189.25 202.50 1.0 LABOR LABOR 108.00 Sub Total: Sales Tax: Deductible: Total: Remit To: Guardian Allto Glass 12232 Collections Center Dr. Chicago, Illinois 60693 310.50 14.54 100 225.04 Your Satisfaction is Our Guarantee! EXHIBIT B o! D t> z O 2 z 0 D rn m n r z 0 M Cf cn 4i W N .+ y m -? Cn -i M Cn --i l< Cn co K ;M •? to "? Co ?y "-1 -1 , ti T $ 3 ?1 y T 3 y k m CA C7 s = m & O C L (D w ;oz* CO ° ° ' O o. m w 7r m 10 a a m w ' M D (9 W. w O a w w Cp o w O a m d . ? (D O N O n m w 1 m 0 m a Q T n 'C r O Ip a r" "? ? n m v - 4t ? ? r T a ~ C 2-1 y r m m m Cn z m T G7 m O n - -? G ° d ,' N Ch c? z C :D Z AL C/) i ?. V , P T V.' ?t R m I l C ?1 J 1 m n z m w O s m G7 p T co Cn N co en ZZ C7 O o T Cn m Cn C) o T (Hn m Cn C7 o T W En co cn n o T C/) m Cn C7 o T (n m Cn C-> O o 11 Al a N N C Co3 O r. ?'N s y ti t C O _ • w 2M ' c (9 -? c CD ? C co C (fl c cD N ? C cD 0 ti A '•? E G ) - -Z y C7 ?- C ? 4 W _ 5 ? 1. Gi N ^ y m tom -- o Q n ? T V ? N ? x ? ? co a c 3 n (° T w zv to tr m m Q r O l I O - w Jr- 0 = m f'\ F n N m ~ n c n c m , H Co y CD c ? ? n co In m O ? ? cn m ti CO H m c O o m n T ? c ti ? _ ? m C L Do - Q, co 7? z R C. C? " r y m O C) CA A TC w O9+ to m d z ?_ F4 W m r ^? ? r (l ? '? (1 ?' R n N w ? zj- Gf ?m w ' r ?C o m A t J f ]1 d_ . ? (? to O O 0 d C2 .'Ta Age ? 1D D En m z 2 mrn r G? z n c m m 0 z cn c m m u n Cfl O W V CO m ti a C T r O y y V m VERIFICATION I, James S. Enders, hereby swear or affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: 7119-04 W C) O ID t JAMES S. ENDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5579 WESLEY D. MINNICH, CIVIL ACTION -LAW Defendant ANSWER TO COMPLAINT AND NOW, comes defendant, Wesley D. Minnich, who files this Answer to Complaint, as follows: 1. Admitted upon information of belief. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that an incident occurred that involved the parties on the date mentioned. However, it is specifically denied that the event occurred as alleged by Plaintiff in his Complaint at any time relevant hereto and therefore, strict proof thereof is demanded at trial. 4. Denied. Defendant lacks sufficient knowledge and information to determine the truth of the allegations of this paragraph and therefore, strict proof of these allegations is demanded at trial. 5. Denied. It is specifically denied that Defendant vandalized Plaintiffs vehicle in any manner and therefore, strict proof thereof is demanded at trial. 6. Denied. Defendant lacks sufficient knowledge or information to determine the truth of the allegation of this paragraph and the implication herein that Defendant in any way damaged plaintiffs vehicle is also specifically denied by Defendant, and therefore, strict proof of the allegations of this paragraph is demanded at trial. 7. Denied. It is specifically denied that Defendant entered Plaintiff's residence and further denied that Defendant caused any damage to any of Plaintiff's property and therefore, strict proof thereof is demanded at trial. In further Answer hereof, at no time did Defendant cause damage to any of Plaintiff's property and therefore, strict proof thereof is demanded at trial. 8. Denied. Defendant lacks sufficient knowledge or information to determine truth of allegations of this paragraph and the implication therein that the Defendant in any way caused damage to Plaintiff's property is specifically denied by Defendant and strict proof thereof is demanded at trial. 9. Denied. Defendant lacks sufficient knowledge or information to determine truth of allegations of this paragraph and the implication therein that the Defendant in any way caused damage to any of Plaintiff's property is specifically denied by Defendant and strict proof thereof is demanded at trial. 10. Denied. Defendant lacks sufficient knowledge or information to determine truth of allegations of this paragraph and the implication therein that the Defendant in any way caused damage to Plaintiff's property is specifically denied by Defendant and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this court enter judgment for Defendant and against Plaintiff and grant such other relief as this court deems just and proper. Respectfully submitted, MVI %IX)h Wes ey innich, Defendant, Pro Se 32 Greenmont Drive Enola, PA 17025 VERIFICATION I, WESLEY D. MINNICH, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: WESLE M ICH JAMES S. ENDERS, Plaintiff VS. WESLEY D. MINNICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5579 CIVIL ACTION -LAW CERTIFICATE OF SERVICE AND NOW, this day of November 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO COMPLAINT was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert P. Reed, Esquire Law Offices of Robert P. Reed 1983 Mannsville Road Elliotsburg, PA 17024 VWA ?\\- Wesley'V?Minifich, Defendant, Pro Se 32 Greenmont Drive Enola, PA 17025 C0 S 1 JAMES S. ENDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5579 WESLEY D. MINNICH, CIVIL ACTION -LAW Defendant ANSWER TO INTERROGATORIES AND NOW, comes defendant, Wesley D. Minnich, who files this Answer to Interrogatories, as follows: 1. Yes. 2. Wesley Daniel Minnich, 32 Greenmont Drive, Enola, PA 17025. (717) 805-8016, August 12, 1984. 3. I went to Mrs. Enders' home, we got into a fight and I was arrested. 4. a. 9:OOPM b. Mr. Enders' home c. Mr. Enders and a friend of his (name, telephone number and address unknown) d. Mr. Jim Pearson (717) 737-7365, address unknown 5. Yes. 6. Mr. James Enders, 11 Richland Lane, Apt. 101, Camp Hill, PA 17011, telephone number unknown. 7. Yes. 8. Corporate owner and address of structure unknown. 9. I damaged the window; the estimate indicates sheet metal damage of which I have no knowledge. 10. 1 admit I entered the plaintiff s residence but I deny that my entry and subsequent actions ... caused all of the alleged damages. 11. I deny that my entry and subsequent actions caused all of the alleged damages to the plaintiff's property and furthermore, that the property for which damages are being sought was in fact in the stated pre-incident condition and post-incident condition that the suit alleges. 12. I am representing myself and believe my answers to be as complete as possible based on my recollection of the events of May 5, 2005. Respectfully submitted, t w4hzl_0-1&? Wesley D innich, Defendant, Pro Se 32 Greenmont Drive Enola, PA 17025 VERIFICATION I, WESLEY D. MINNICH, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: J 66 lt?' 1A " NbW14 SLEY . MINNICH A • _% JAMES S. ENDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-5579 WESLEY D. MINNICH, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE AND NOW, thisday of December 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER TO INTERROGATORIES was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert P. Reed, Esquire Law Offices of Robert P. Reed 1983 Mannsville Road Elliotsburg, PA 17024 MJ4, , oA , 4 w?, k Wesley If Minnich, Defendant, Pro Se 32 Greenmont Drive Enola, PA 17025 r"? ? :?-? ? ? a "t't L"? ? ., -° : r?i r:.? _. ? r -? ..:, ?; ., SHERIFF'S RETURN - REGULAR CASE NO: 2006-05579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENDERS JAMES S VS MINNICH WESLEY D VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MINNICH WESLEY D the DEFENDANT , at 1758:00 HOURS, on the 19th day of October , 2006 at 32 GREENMONT DRIVE ENOLA, PA 17025 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. rSheriff's Costs: So Answers: Docketing 18.00 Service 26.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 54.79vy` 10/20/2006 ROBERT P REED i Sworn and Subscibed to By: before me this day puty Sheriff of A.D. Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 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