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HomeMy WebLinkAbout02-29504/01/2002 01 13119 Berk~ounty Civil Court Informa~'~n System ~OMPLETE DOCKET SLTMMARY RE~,RT PAGE: 1 PTR350 LEGION INSURANCE COMPANY, Subrg/Behf QUALITY INN OF LEBANON, *** VS *** BRUNO, THOMAS L, I/D/B/A, THOMAS L BRUNO ROOFING, DOCKET NUMBER: 01 13119 INITIAL ACTION TYPE: Misc. case/ Civil Act. INITIAL ASSIGNED JUDGE: Jeffrey L. Schmehl, OLD SYSTEM CASE%: ***** ** ** ** ** DATE 12/24/2001 1/18/2002 1/29/2002 2/19/2002 3/25/2002 3/28/2002 4/01/2002 DOCKET SUMMARY 01:15PM Civil Action-COMPLAINT $72,677.28 plus... PRELIMINARY OBJECTIONS of Deft Thomas L Bruno & Notice to Plead w/Cert of Svc Administrative Order of 1/28/02 REASSIGNING this action to Judge Jeffrey L. Schmehl effective 1/26/02 - Original Order filed to #02-287. Shrf served COMPLAINT upon BRUNO, THOMAS L, I/D/B/A on 01/02/2002 Deptzd srvd P.I.C. Cumberland County Deft's Petition to Transfer case to the Court of Common Pleas of Cumberland County, PA pursuant to P.A.R.C.P.1006 w/Prop. Order & Cert. of Service Order of 3/26/02 Approving Pet. to Transfer case to Cumberland County. Copies & Notice sent 3/28/02 In accordance with the order dated 03/26/02 the entire record together with a certified copy of said docket entries sent to Prothonotary of Cumberland County, Cumberland County Courthouse, Hanover & High Street, 17013 by Certified Mail, Return Receipt. Carlisle, Pa. - Exit Record. PLAINTIFF(S): LEGION INSURANCE COMPANY *As Subrogree Of and On Behalf Of QUALITY INN OF LEBANON DEFENDANT(S): BRUNO, THOMAS L, I/D/B/A THOMAS L BRUNO ROOFING OTHER (S): ATTORlqEY: Walker, Brian J 01 Walker, Brian J 01 ATTORNEY: Gaffney, Richard C 01 Gaffney, Richard C 01 ATTORNEY: 4/01/2002 Berks.-~gunty Civil Court Informa~"~n System PAGE: 2 01 13119 ~OMPLETE DOCKET SUMMARY RE~_RT PTR350 OTHER (S): ATTORNEY: LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 AND QUALITY INN OF LEBANON 625 Quentin Road Lebanon, PA 17042 V~ THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 :IN THE COURT OF COMMON PLEAS :OF BERKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW : No. 01-13119 ORDER OF COURT -~ AND NOW, this~ day of March 2002, after reviewing the foregoing petition to transfer the docket to Cumberland County, IT IS HEREBY ORDERED AND DECREED THAT the entire docket be closed with the Court of Common Pleas in Berks County, and be transferred to the prothonotary's office in the Cumberland County Court of Common Pleas. IT IS FURTHER ORDERED AND DECREED that all fees and costs incurred in transferring the docket be paid by the Plaintiffs in this case. IS~ JEFFK~y L. $C~5M~. J. Distribution: Prothonotary's Office Berks County Prothonotary's Office Cumberland County Mr. Brian Walker, Esquire 142 West Market Street, Suite 2, West Chester, PA 19382 Law Offices of Richard C. Gaffney, 2120 Market Street, Suite 101, Camp Hill, PA 17111 O © , iNOTICE IS HEREBY GIVEN OF THE ENTRY OF THIS · ORDER OR DECREE PURSUANT TO RULE P.C.P. 2,3; YOU ARE NOTIFIED THAT THIS ORDER/DOCUMEH HAS BEEN FILED IN THE PROTHONOTAR,~S OF BERKS COUNTY AND THIS IS Ai'q ~£XTPACT _~RECORD OF SAID COURT CERTIFIED THiS DAY OF .1'~ ,-~ Marianne R. Sutton, Prothonotary ~ ~ ~ "~ ~ D~uty LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 AND QUALITY INN OF LEBANON 625 Quentin Road Lebanon, PA 17042 THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 :IN THE COURT OF COMMON PLEAS :OF BERKS COUNTY, PENNSYLVANIA : CIVIL ACTION LAW ,i,, ~.~ No. 01-13119 PETITION TO TRANSFER CASE TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, PURSUANT TO PA.R.C.P. 1006 AND NOW, this 2.2?~day of March 2002, comes the petitioner, Thomas L. Bruno, individually, and d/b/a Thomas L. Bruno Roofing, by and through counsel, The Law Offices of Richard C. Gaffney, and respectfully requests This Honorable Court to transfer the above-captioned case to the prothonotary of the Cumberland County Court of Common Pleas, pursuant to Pa.R.C.P. 1006, and in support thereof avers the following: On December 24, 2001, plaintiffs commenced this action by filing a civil complaint with the Court of Common Pleas of Berks County, Pennsylvania. Defendant was personally served a copy of said complaint on or about January 3, 2002. 2 On January 18, 2002, Defendant timely filed preliminary objections, which raised an issue of improper venue. Defendant is a sole proprietor who has a residential and business address in Cumberland County, PA. Plaintiff, Legion Insurance Company, is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania, with a principal place of business in San Diego, California. Plaintiff, Quality Inn of Lebanon, is a business entity with a principal place of business in Lebanon County, Pennsylvania. The location where the alleged cause of action arose ostensibly was Plaintiff, Quality Inn's 625 Quemin Road address, which is in Lebanon County, Pennsylvania. 8. Neither plaimiff has a principal place of business in Berks County. Additionally, defendant is not a resident of, nor could he be individually served in Berks County. 10. Pursuant to the Pa.R.C.P. 1006 (a), actions against individuals may be "brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the ~ause of action arose..." 3 11. The cause of action did not arise in Berks County 12. No transaction or occurrence took place, out of which the cause of action arose, in Berks County. 13. Berks County is not a proper venue for this action. 14. Pa.R.C.P. 1006 (d)(1) provides, "For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." 15. None of the parties have a connection to Berks County 16. None of the witnesses have a connection to Berks County. 17. The action could have originally been brought in Cumberland County. 18. Cumberland County would be a more convenient forum for the parties and the witnesses. 19. Pa.R.C.P. 1006 (e) provides that where improper venue is sustained, "It]he costs and fees for transfer and removal of the record shall be paid by the plaintiff." Pa.R.C.P. 1006 (e). 20. Opposing counsel, Mr. Brian Walker, Esquire, has been consulted regarding tiffs motion, and he concurs that the petition was filed in the wrong county. WHEREFORE, Defendant prays This Honorable Court to grant the foregoing petition and transfer Plaintiff s Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania; the costs of the transfer and removal to be paid by Plaintiffs, pursuant to Pa.R.C.P. 1006 (e). Respectfully Submitted, The Law Offices of Richard C. Gaffney Richard C.'Gaffney, MBA, 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 5 CERTIFICATEOF SERVICE I, Richard C. Oaffney, Esquire, this Z.~-r'c) day of March 2002, do hereby certify that I served a tree and correct copy of the foregoing petition upon counsel of record for Plaintiffs by depositing a copy of same in United States First Class Mail, postage prepaid, and addressed as follows: Brian J. Walker, EsqUire O.Brien & Hennessy 142 West Market Street West Chester, PA 19382 Richard C. Gaffney, Esq~ ~ LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 AND QUALITY INN OF LEBANON 625 Quentin Road Lebanon, PA 17042 Vo THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 01-13119 To: Legion Insurance Co. A/S/O Quality Inn of Lebanon and Quality Inn of Lebanon c/o Brian J. Walker, Esquire O'Brien & Hennessy, 142 W. Market Street, West Chester, PA 19382 NOTICE TO PLEAD You are hereby notified to plead to the following Preliminary Objections within twenty (20) days of service or a default judgment may be entered against you. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY RJchard ~ Gaffne~ffre Supreme Court ID No. 63313 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 AND QUALITY INN OF LEBANON 625 Quentin Road Lebanon, PA 17042 vi. THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF BERKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 01-13119 PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Thomas L. Bruno, by and through his attorneys, the Law Offices of Richard C. Gaffney, who files the following preliminary objections to Plaintiffs' Complaint, and who in support thereof, states as follows: o Upon information and belief, Plaintiff, Legion Insurance Company (hereinafter "Legion Insurance"), is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania, with a principal place of business at 610 Ash Street, Suite 1500, San Diego, California 92101. Upon information and belief, Plaintiff, Quality Inn of Lebanon (hereinafter "Quality Inn"), is a business entity with a principal place of business at 625 Quentin Road, Lebanon, Lebanon County, Pennsylvania 17042. Defendant, Thomas L. Bruno (dPo/a Thomas L. Bruno Roofmg) (hereinafter "Bnmo"), is an adult individual with a sole proprietorship roofing company, who has a residential and business address of 1473 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. On December 24, 2001, Plaintiffs commenced this action by filing a civil Complaint with the Court of Common Pleas of Berks County, Pennsylvania, Docket Number 01-13119. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit A. Defendant was personally served with this Complaint on or about January 3, 2002. PRELIMINARY OBJECTION: IMPROPER VENUE 6. The averments of paragraphs 1 through 5 are incorporated herein by reference thereto as though fully set forth herein. 7. Pursuant to Pennsylvania Rules of Civil Procedure 1006(a), actions against individuals may only be "brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose .... " 8. Defendant Bruno is a resident of and has his place of business in Cumberland County, Pennsylvania. 9. The location where the alleged cause of action arose ostensibly was Plaintiff, Quality Inn's, 625 Quentin Road address, which is in Lebanon County, Pennsylvania. 10. Plaintiffs' Complaint was not filed in either Cumberland or Lebanon Counties; rather, it was filed with the Court of Common Pleas of Berks County. 11. Thus, Plaintiffs' Complaint was filed in the improper venue. WHEREFORE, Defendant Bruno respectfully requests that this Honorable Court withdraw Plaintiffs' Complaint and transfer the action to the Court of Common Pleas of Cumberland County, Pennsylvania; the costs of the transfer and removal to be paid by Plaintiffs. 12. PRELIMINARY OBJECTION: INSUFFICIENT SPECIFICITY OF A PLEADING The averments of paragraphs 1 through 11 are incorporated herein by reference thereto as though fully set forth herein. 13. Pennsylvania Rule of Civil Procedure 1028(a)(3) permits a party to preliminarily object to any pleading where there is insufficient speaificity in the pleading to enable a response. 14. Plaintiffs' Complaint is unclear in that it does not specify the legal theory of liability upon which it is relying to assert a cause of action against Defendant Bruno. 15. Plaintiffs' Complaint is therefore without sufficient specificity to enable Defendant Bruno to adequately respond to its allegations. WHEREFORE, Defendant Bruno respectfully requests that this Honorable Court dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted; or in the alternative, require Plaintiffs to amend said Complaint such that a legal theory of liability is evident. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY Richard 5. Gaffney; E~ire (~- Supreme Court ID No. 63313 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 CERTIFICATE OF SERVICE I, Richard C. Gaffney, Esquire, this i~x~ day of January 2002, do hereby certify that I served a tree and correct copy of the foregoing Preliminary Objections upon counsel of record for Plaintiffs by depositing a copy of same in United States First Class Mail, postage prepaid, and addressed as follows: Brian J. Walker, Esquire O.Brien & Hennessy 142 West Market Street West Chester, PA 19382 hard C. Gaffne~~ PROTHONOTARY BY TO DATE Order sent to Judge Copies Sent Forwarded for Processing Forwarded for Processing :orwarded to Comp. Room Forwarded to File Room ~/ - · File Located Request for Env: Add.Ced: Coplee: Reque~ Reo',d t 'JAN 2 2 2002 02/19/2002 SHERIFFS DEPARTMENT READING, BERKS COUNTY, PENNSYLVANIA 19601-3582 (610)478-6240 Court Number: 1 01 13119 001 Plaintiff: Legion Insurance Company Et A1 01/02/2002 at 07:03 PM, Served the within: COMPLAINT IN CIVIL ACTION LAW BRUNO. THOMAS L. I/D/B/A named, by Deputizing the Sheriff of Cumberland County who served BRUNO L THOMAS. PERSON IN CHARGE charge for the time being, a COPy upon , defendant within on 122801 , person in thereof, per deputization attached hereto and made part of this return. Sheriff paid $0038.00 Cumberland County paid $0028.95 So Answer Dep. Sheriff Sheriff of Berks County Barry J. Jozwiak RTRN12 SHERIFF'S' DEPART' ,ENT READING, BER~,S COUNTY, PENNSYLVANIA 19601-3582 (610)478-624-0 INSTRUCTIONS: Please type or print legibly msurmg readability SHERIFF SERVICE ct all copies Do not detach any copies PROCESS RECEIPT and AFFIDAVIT OF RETURN I Pi. AIN~ ~ ' ; :' ! l~l 1~. COURT NUMBER I ~ ~ DEFENDANT I SERVE AT NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC, TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SALE f'l"e~,~.~- L. Bt~mo T, atvidually and d/b/a Thomas L. Bruno Roofing ADDRESS (Street or RFDr Apartment NO, City, Boro, Twp , State and Z~p Code) ~ 1473 Timber Chase Drive. l~echanicsburg. PA 17055 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDitiNG SERVICE: Please deputize the sheriff in Cumberland County County, to execute the within and make return thereof according to law [L NOTE ONLY APPLCABLE ON WR T OF EXECUTION: NB WAIVER OF WATCHMAN -- Any deputy sheriif levying~ r~attaching any prope ty under w hn w may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof Signature of Attorney or other Originator requesting service on behalf of TELEPHONE NUMBER DATE ADDRESS: O~Brien & Hennessy. 142 Ii. t~ark, et i DEFENDANT Street, Suite 2, Iiest Chester, PA 19382 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE PLAINTIFF COURT NUMBER T RETURNED: SO ANSWER. Date Signature of Dep Sheriff AFFIRMED and subscribed to before me this day Signat0re of Sheriff Date of 19 Sherdf of Berks County BCSD-! (3 90~ ~ SHERIFF'S RETURN - REGUI'~ CASE NO: 2001-00899 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGION INSURANCE COMPANY VS BRUNO THOMAS L BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon BRUNO THOMAS LIND D/B/A THOMAS L. BRUNO ROOFING the law, DEFENDANT , at 0019:03 HOURS, on the 2nd day of January , 2002 at 1473 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 THOMAS L. BRUNO 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. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 45 2 50 00 00 28 95 Sworn and Subscribed to before me this ~k_~ay of ' So Answers: R. Thomas Kline 01/02/2002 O'BRIEN & HENNESSY ~eri -- Brian. J~Wat~ Esquzre O'Brien & Hennessy '142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Legion Insurance Company 'A/S~O Quality Inn Of Lebanon .610 Ash Street, Suite 1500 San Diego, CA 92101 AND Quality Inn Of Lebanon 625 Quentin Road Lebanon, PA 17042 VS. Thomas L. Bruno Individually and d/b/a Thomas L. Bruno Roofing 1473 Timber Chase Drive Mechanicsburg, PA 17055 Berks County ~ Pen~ylva~a COURT OF C"~MMON..~t ~74S Civil Action - Law~ No. AS*$1GNEO TO STEPHEN S. UEBERMAN, J · N~TICE Lawyer Referral Service Berks County Bar Association 544-546 Court Street P. O. Box 1058 Reading, PA 19603 610-375-4591 Lawyer ere:fa1,. ~er~'~ce Berks County Back,Association 544-546 Court P. O. Box 1058 Reading, PA 19603 610-375-4591 3rlan J. Walker, Esquire, AIC 3'Brien & Hennessy 142 W. Market Street ~Vest Chester, PA 19382 510-431-2727 attorney I.D.71927 Attorney for Plaintiffs [~egion Insurance Co. A/S/O ~ Inn Of Lebanon 510 Ash St., Ste. 1500 San Diego, CA 92101 n. ND Quality Inn Of Lehanon 525 Quentin Road Lebanon, PA 17042 VS thomas L. Bruno Individually and d/b/a l~homas L. Bruno Roofing 1473 Timber Chase Dr. Mechanicsburg, PA 17055 :In The Court Of Commons Pleas :Berks County, Pennsylvania :Civil Action Law :No. COMPLAINT 1. Plaintiff Legion Insurance is an insurance company licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above captioned address. 2. Plaintiff Quality Inn OF Lebanon is a busienss entity having as one of [ts principle places of business the above captioned address. 3. De~ndant Thomas L. Bruno is an adult indiividual and principle owner of a private roofing company, having as one of its principals places of business the above captioned address. 4. On 7/7/01, Plaintiff Legion Insurance Company insured Plaintiff ~uality Inn with a commercial business policy, policy number CP 61641033, said ~olicy carrying property and business intemption and income loss and contents :overages 5. On or about June 2001 Plaintiffs hired Defendant Thomas L. Bruno, d/b/a Fhomas L. Bruno Roofing acting by and through their agents, servants, workmen, ;ub-agents end/or employees to resurface/reroofthe roof located at Plaintiff's :~uentin Road address. 6. On or about 7701, as a result of the negligent and or careless application ~d resurfacing/reroofing preoess by Defendants, water and hail entered the ,'tincture resulting in extensive water damages to the structure and contents of ?laintiffs property. 7. The negligence of the Defendant consisted of: a) Improper use of roofing materieals b) Failing to properly prepare and/or secure the root~ c) Hiring and using unskilled and/or unlicensed contractors, d) failing to warn plaintiff of the ha?ards associated with improperly secured and or tarpped roof~ e) failing to construct and/or resurface said roof in a professional and workmanlilke manner, f) improper use oftarpping marterial, g) fail~4 to propoerly secure the roof so as to eliminate the invasion of water and other foreign material, h) failing to promply notify plaintiff of the invasion of water, thereby eliminating the opportunity to mitigate the damages, i) failing to properly monitor the weather conditions exdisting and expected at the time, j) other such negligence that may be developed through continuing discovery and trial of this matter. &The aforesaid water damages resulted solely from the negligent acts and/or >missions on part of Defendant named herein and were due in no manner ~/hatsoever to any act and/or failure to act on part of Plaintiffs. 8. As a result of the aforesaid water damages, PlaintiffLegion Insurance 2ompany settled the commercial claim of Plalntiff Quality Inn in the amount of g72,677.28(said figure includes Plaintiff's first party deductible) representing fair and · easonable reimbursement for the damages sustained. 9. Pursuant to the aforesaid policy of insurance, Plaintiff Legion ~nsurance Company is subrogated to Plaintiff Quality Inn for this loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in the unount of $72,677.28 together plus costs, interest and such other relief this B J. Wall~ , Esquire, AIC O'Brien & Hennessy ~OMMONWEAL.TH OF PENNSYLVANIA : :OU'NTY OF CHESTER : ss. ~e undersigned verifies tlmt the facts contained herein ar~ true and correct. The undersigned ~de,~uds that false statements herein are made subject to the penalties of 19 Pa.C.S. Section 704, r~lating to amwom falsification to authorities. 'applicable, this affidavit is made on behalf of the Plaint/fi(s); that the said Plaintiff(s) is/are ruble and unavailable to make this verification on its/his/her own behalf w/thin the time lotted for filing ofth/s pleading, and the facts set forth in the foregoing pleading are tree and >rrect to the best of counsel's knowledge, information and belief. his verification is made pursuant to P~. R.C.P. 1024 and is based on interviews, conference'~, lotto, records and other invesfi~tive material in the file. ,ted: December 12, 2001 PROTHONO1A~Y ~r ~r~ to Judge e Fo~ardect for Proc~ss;~? for En[ere~ In Hearing ~ook Fo~arded to Comp, Room File Room File Loc;.~ ~d Request for Env~ Request Rec'd = BY TO DATE LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 :IN THE COURT OF COMMON PLEAS :OF BERKS COUNTY, PENNSYLVANIA AND QUALITY INN OF LEBANON 625 Quent~..~v,~u Lebanon, PA 17042 CIVIL ACTION LAW v~ THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 No. 01-13119 ORDER OF COURT AND NOW, this..3~ day of March 2002, after reviewing the foregoing petition to transfer the docket to Cumberland County, IT IS HEREBY ORDERED AND DECREED THAT the entire docket be closed with the Court of Common Pleas in Berks County, and be transferred to the prothonotary's office in the Cumberland County Court of Common Pleas. IT IS FURTHER ORDERED AND DECREED that all fees and costs incurred in transferring the docket be paid by the Plaimiffs in this case. IS~ JEFFREY L. $CHME~zL, J. Jo Distribution: Prothonotaxy's Office Berks County Prothonotary's Office Cumberland County Mr. Brian Walker, Esquire 142 West Market Street, Suite 2, West Chester, PA 19382 Law Offices of Richard C. Gaffney, 2120 Market Street, Suite 101, Camp Hill, PA 17111 NOTICE I$ HEREBY GIVEN OF THE ENTRY OF THiS ORDER OR DECREE pURSUANT TO RULE P.C.P. 236 YOU ARE NOTIFIED THAT THIS ORDER/DOCUMENT HAS BEEN FILED IN THE PROTHONOTAR¥S OFFICE OF BERKS couNTY AND THIS IS AN EXTRACT FROM ECORD OF SAiD coURT CERTIFIED THIS ~n~innne R~'Sutt(~, Prothonotary -~ ~ ~ _o~u~ LEGION INSURANCE CO. A/S/O QUALITY INN OF LEBANON 610 Ash Street, Suite 1500 San Diego, CA 92101 AND QUALITY INN OF LEBANON 625 Quentin Road Lebanon, PA 17042 THOMAS L. BRUNO, Individually, and d/b/a THOMAS L. BRUNO ROOFING 1473 Timber Chase Drive Mechanicsburg, PA 17055 :IN THE COURT OF COMMON PLEAS :OF BERKS COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 01-13119 PETITION TO TRANSFER CASE TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, PURSUANT TO PA.R.C.P. 1006 AND NOW, this 22.r~day of March 2002, comes the petitioner, Thomas L. Bruno, individually, and d/b/a Thomas L. Bruno Roofing, by and through counsel, The Law Offices of Richard C. Gaffney, and respectfully requests This Honorable Court to transfer ate above-captioned case to the prothonotary of the Cumberland County Court of Common Pleas, pursuant to Pa.R.C.P. 1006, and in support thereof avers the following: On December 24, 2001, Plaintiffs commenced this action by filing a civil complaint with the Court of Common Pleas of Berks County, Pennsylvania. Defendant was personally served a copy of said complaint on or about January 3, 2002. On January 18, 2002, Defendant timely filed preliminary objections, which raised an issue of improper venue. Defendant is a sole proprietor who has a residential and business address in Cumberland County, PA. o Plaintiff, Legion Insurance Company, is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania, with a principal place of business in San Diego, California. Plaintiff, Quality Inn of Lebanon, is a business emity with a principal place of business in Lebanon County, Pennsylvania. The location where the alleged cause of action arose ostensibly was Plaintiff, Quality Inn's 625 Quentin Road address, which is in Lebanon County, Pennsylvania. 8. Neither plaintiff has a principal place of business in Berks County. Additionally, defendant is not a resident of, nor could he be individually served in Berks County. 10. Pursuant to the Pa.R.C.P. 1006 (a), actions against individuals may be "brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose..." 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. The cause of action did not arise in Berks County No transaction or occurrence took place, Out of which the cause of action arose, in Berks County. Berks County is not a proper venue for this action. Pa.R.C.P. 1006 (d)(1) provides, "For the convenience of parties and w~tnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." None of the parties have a connection to Berks County None of the witnesses have a connection to Berks County. The action could have originally been brought in Cumberland County. Cumberland County would be a more convenient forum for the parties and the witnesses. Pa.R.C.P. 1006 (e) provides that where improper venue is sustained, "[t]he costs and fees for transfer and removal of the record shall be paid by the plaintiff." Pa.R.C.P. 1006 (e). Opposing counsel, Mr. Brian Walker, Esquire, has been consulted regarding this motion, and he concurs that the petition was filed in the wrong county. 4 WHEREFORE, Defendant prays This Honorable Court to grant the foregoing petition and transfer Plaintiff's Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania; the costs of the transfer and removal to be paid by Plaintiffs, pursuant to Pa.R.C.P. 1006 (e). Respectfully Submitted, The Law Offices of Richard C. Gaffney R{chard C.-Gaffney, MBA, 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 5 CERTIFICATE OF SERVICE I, Richard C. Gaffney, Esquire, this Z.7-r'r~ day of March 2002, do hereby certify that I served a true and correct copy of the foregoing petition upon counsel of record for Plaintiffs by depositing a copy of same in United States First Class Mail, postage prepaid, and addressed as follows: ~ Brian J. Walker~ Esquire O.Brien & Hennessy 142 West Market Street West Chester, PA 19382 Rtlchard:5' Gaff-ney, Esquil'~,r ~ 4/01/02 01 13119 Berks- ~ounty Civil Court Informae*~n System CASE COSTS SUMMARY REPOR'x PAGE: PTR353 LEGION INSURANCE COMPANY, Subrg/Behf QUALITY INN OF LEBANON *** VS *** BRUNO, THOMAS L, I/D/B/A THOMAS L BRUNO ROOFING DOCKET NUMBER: 01 13119 INITIAL ACTION TYPE: Misc. case/ Civil Act. INITIAL ASSIGNED JUDGE: Jeffrey L. Schmehl, OLD SYSTEM CASE#: ***** ** ** ** ** DATE AMOUNT P/D/R 12/24/2001 97.75 PAID 2/19/2002 38.00 PAID 2/19/2002 28.95 PAID COMMENTS CIVIL ACTION SHERIFF Cumberland County SHEET BOOK PAGE F. xtregt from the r~ m ~ court