The URL can be used to link to this page

Home My WebLink About02-3849JOSEPH T. HERBERT, Plaintiff JEREMY S. ROACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- 2loc,~ CIVIL TERM 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOSEPH T. HERBERT, Plaintiff JEREMY S. ROACH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Joseph T. Herbert, by his attorney, William A. Addams of Hanft & Knight, P.C., and makes the following Complaint: 1. The Plaintiff is Joseph T. Herbert, an adult individual residing at 1604 Renate Drive, Woodbridge, Virginia 22192. 2. The Defendant is Jeremy S. Roach, an adult individual residing at 860 Coon Road, Gardners, Adams County, Pennsylvania 17324. 3. The Plaintiff is the owner of a 2001 Honda CRV which he was driving on November 21,2001 at about 4:00 p.m. traveling East on Route 581 in Lemoyne, Cumberland County, Pennsylvania. 4. At said time and place the Defendant was also driving a vehicle traveling East on Route 581 and negligently and carelessly collided with the rear of the Plaintiff's vehicle resulting in the damages hereinafter set forth. 5. The Defendant was negligent and careless in: A. Traveling too fast for conditions. B. Failing to have his vehicle under control. C. Failing to observe the Plaintiff's vehicle in time to avoid a collision. 6. As a result of the negligence and carelessness of the Defendant, the Plaintiff's automobile was damaged in the amount of $7,029.33. In addition, he incurred rental expense of $2,243.27. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $9,272.60, plus interest and costs of suit, an amount within the jurisdiction of arbitration under the local roles of court. HANFT & KNIGHT, P.C. Wil arfi . d ams Attomey I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff VERIFICATION Joseph T. Herbert hereby verifies that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsificationstoauthorities. /v~/ '.;C~['(le [A,/.h~ ~ c:~OO[ ~l~3~cJ4 C/~],/~, Joseph T. He~oert DATE: SHERIFF'S RETURN CASE NO: 2002-03849 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERBERT JOSEPH T VS ROACH JEREMY S - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROACH JEREMY S but was unable to locate Him in his bailiwick. deputized the sheriff of ADAMS County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 27th , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 22.50 .00 59.50 08/27/2002 WILLIAM A ADDAMS So answer~: %~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~ ~2~w3 p_~ A.D. ~ ' Prothonotar~ In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph T. Herbert VS. Jeremy S. Roach SERVE :, s~ne No. 02 3849 civil NOW, Augast 14, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 .,at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,2O Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 1732S DATE PROCESSED SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN JOSEPH T. HERBERT JERM~Y S. ROACH IN~TI~: ,See "INSTRUCTIONS FOR SERVICE OF PROCESS BY 02-3849 Civil omplaint in Civil Action Jeremy S. Roach 6 A~' ADORESS (S~reel ~ RFD, Apanmenl No. City, Bo~o, Twp., State and ZIP CODE) 860 Coon Road, Gardners, PA 7. INDICATE UNUSUAL SERVICE: O PERSONAL [] PERSON IN CHARGE [] DEPUTIZE C] CERT. MAIL [] REGISTERED MAIL [] POSTED [] OTHER Now, _, I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--A~y deputy she~ff le~yittg upon or attaching any property under within writ may leave 81GNATURE of ATTORNEY ~- other ORIGINATOR requesting ~ervi~e on hehelf of: ~ONE NUMBER William A. Addams, Esq. C~-A~NTIFr [] DEFENDANT SPA E BEt W F R E OF S,ER,FF ON,V o~ co.~p~,,.t ~ B~.E.~_W. THIS LINE ~2. ~ ack.o~,~e~ae ~ of the .,~ -- DO NOT WRIT [] have poofnd the above du~cribed p~oporly inserted below by hend~ng/o~ PoMmg a TRUE and ATTESTED COPy therof. 17. Name and title of individual menmd 19. Address of where se~veq (complete only if diilm'ent than shown above) (Street or RFD Apmtmer~ No C~y, Boro, Twp., 20. Date of Service S~ate and ZIP COOE) P, Bv~v,S: The def. bas moved & left mo forwarding address witb the post ~2002 RAYMOND W. ~ 1~/26/2002 21 Time office. ~.~ ~W-~UND ;127.50 Ck. #7858 3g. Date Received PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( I ) The within upon defendant by mailing to prepaid, a true and attested copy thereof at , the within mail, return receipt requested, postage on the The return receipt signed by dAfe_p~lant on the made a part of this return. ( 2 ) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) and attested copy thereof at is hereto attached and (1) (2), by mailing a true in the following manner: ( ) (al to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this retum~ And thereafter: ( ) (b} To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further oertify that after fifteen (15) days ;,~,~ the mailing ~;a~, I have not receivc~ (3) said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for Successive,weeks of The Affidavit- from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ) ( 4 ) By mailing to by a true and attested copy thereof at mail, return receipt requested, postage prepaiJ, on the retu,,,=,~ by the Posi_~ The AUthorities marked is hereto attached. ) ( 5 ) Other F:\User Foldefffirm Docs\WAA~2112 40~Praecip¢ wpd JOSEPH T. HERBERT, Plaintiff Vo JEREMY S. ROACH, Defendant Sir: Please reinstate the Complaint. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3849 CIVIL TERM : : PRAECIPE HANFT & KNIGHT, P.C. To: Curtis R. Long, Prothonotary William A. Add~'~s Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff Date: November 12, 2002 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-03849 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HERBERT JOSEPH T VS ROACH JEREMY S 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, DEFENDANT ROACH JEREMY S unable to locate Him COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to , ROACH JEREMY S BARBARA GROVE SAID THAT SHE NEVER HEARD OF JEREMY ROACH. Sheriff's Costs: Docketing 18.00 Service 5.52 Not Found 5.00 Surcharge 10.00 .00 38.52 Rd Thoma~ Klm<ge Sheriff of Cumberland County WILLIAM ADDAMS 12/09/2002 Sworn and subscribed to before me this /9-' day of ~~.~ 2~ 22_ A.D. Prc/t b]onot ary