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Home My WebLink About97-02051 \l U ~ Q; ~ :J '? H ~ ~ c) . ~ ~ <I: -l- ~ ..3 - . . ~ . - - \ I . <'i \(;~ "~.z_, ."", \ J ; ,/ ...,,/ '..C) o ci f,! . ~ < WEST AMERICAN INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 17- : No. (7Lu~L .;<. C) f / DWIGHT E. FINK, : CIVIL ACTION - LAW Defendant 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE. PA 17013 (717) 240-6200 WILT, FREEBURN & MENSEL By: ~lA/~ R chard E. Freebu n, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 I.D. No. 30965 Dated: 4/17/97 Attorney for Plaintiffs WEST AMERICAN INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. DWIGHT E. FINK, . : CIVIL ACTION. LAW Defendant NOTICE Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la domanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que as pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedadas 0 otros derachos Importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240.6200 By: WILT, FREEBURN & MENSEL =R~- r?:j)~ Richard E. Freeburn, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 I.D.No.30965 Dated: 4/17/97 Attorney for Plaintiffs WEST AMERICAN INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA , I I I I Plaintiff v. ~ No. q'}. 20'./1 ~~'J l..l"""- DWIGHT E. FINK, : CIVIL ACTION. LAW Defendant COMPLAINT AND NOW, comes Plaintiff, West American Insurance Company, by its attomeys, Wilt, Freebum & Mensel, and files the following Complaint: 1. Plaintiff, West American Insurance Company, is a corporation licensed to transact insurance business in the Commonwealth of Pennsylvania with offices at 2000 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Dwight E. Fink, is an adult individual who resides at 519 Stienhower Road, York Haven, York County, Pennsylvania. 3. At all times relevant hereto, Plaintiff provided a policy of automobile insurance to Philip and Linda Dullen, which included collision coverage. 4. The facts and occurrences hereinafter related took place on or about September 5, 1996 at approximately 5:25 p.m. on State Route 581 in the Borough of Camp Hill, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff's insureds' son, James Dullen, was operating the 1988 Dodge Dakota, which was stopped behind traffic in the westbound lane of State Route 581. 6. At that time and place, Defendant, Dwight E. Fink, was operating his 1987 Chevy Cavalier automobile in the westbound lane of State Route 581. Defendant failed to stop his automobile, and the front portion of Defendant's vehicle violently collided with the rear portion of Plaintiff's vehicle. 'I , {. , I , i' 7. The foregoing accident and the damages set forth herein sustained by Plaintiffs are the direct and proximate cause of the negligent, careless, wanton and reckless manner In which Defendant operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; g. failure to keep proper and adequate control over his vehicle; and h. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. As a result of this collision, Plaintiff was required to pay for cost of repairs $3,239.95, under its collision coverage. 2 WHEREFORE, Plaintiff, West American Insurance Company, demands judgment In its favor and against Defendant, Dwight E. Fink, In the sum of THREE THOUSAND TWO HUNDRED THIRTY-NINE & 95/100 DOLLARS ($3,239.95), plus interest and costs of suit. Respectfully submitted, WILT, FREEBURN & MENSEL By: Ri ha E. reeburn, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 I.D. No. 30965 Dated: 4/16/97 Attorney for Plaintiffs 3 VERIFICATION I, the undersigned, hereby verify and state that: 1. I am a Claim Representative for The Ohio Casualty Insurance Company. 2. I am authorized to sign this verification. 3. The statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 4. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unswom falsification to authorities. Dated: 3./1S~'7 ~ v-01\.Jl'1.D '1"n c.-f'I1.DgLA Yvo n M. Moyer \ SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1997-02031 P COn"ONWEALTH OF PENNSYLVANIA I COUNTY OF CUnBERLAND WEST AnERICAN INSURANCE CO VS, FINK DWIGHT E R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to witl FINK DWIGHT E but was unable to locate Him in hia bailiwick, He therefore deputized the sheriff of YORK G.QUlftL....._,___ County, Pennsylvania, to l30rve the within COnPLAI~.!...______ On nay 22nd, 1997 , this office was in receipt of Pennsy 1 vania. the attached return from YORK COUNTY County, Sheriff's Costs: Docketing Out of County surcharBe YORK CO NTY So answerBI L,,/_, .:;,-/ /j' / /// ':',..-; .',/ ./ ~:-7 R./Thomas Kline, Sheri!! ,00 9.00 .00 25.92 634,92 WILT FREEBURN & nENSEL OS/22/1997 Sworn and subscribed to before me "', this .1.'1 - day of IIL<~., -- I 19 97 A,D. U)..<,t<... C '})\..~'-' U,o;'~ ~, Prothonotary d SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1997-02051 P COIlIlONWEAI.TIl OF PENNSYI.VANtAI COUNTY OF CUIl8ERLAND !'I~:ST AllERICAN_INSURI!!(C~: C'L-_,. VS, FINK DWIGHT E R, Thomas Kline . Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to witl FINK DWIGHT E but was unable to locate H;f.m __ in his bailiwick, lie therefore deputized the sheriff of DAUPHJ;J/ COUNTY to serve the within COllP~AINT County, Pennsylvania. On _"~y' 22nd. 1997 the attached return from . this office was in receipt of DAU.I~!.UJiJ!.QUNTY County, Pennsylvania, Sheriff's Coatsl Docketing Out of County Surcharge DAUPHIN COUNTY 18,00 9,00 2,00 25,50 ~~4.~0 WILT FREEBURN & IlENSEL 05/22/1997 So ansl!!"rs: /' --I l_;:..._ 2"/ ~ ~ . rrJ-Tn;m~s Kline, . Shenf:f Sworn and subscribed to before me this .) .;l /~ay of 1/1-('{ 19 <{, A.D. [,L . , 1" () II'" i.ft.<..- J. l'J,T.; . Prothono art "r Office of the Sheriff Mary Jane Snyder Rool EGloto Doputy Ralph G. McAllister Chlof Doputy William T. Tully Selic II or Mlchaol W. Rinehart As!';lslnnl Chi of Onputy Dauphin Ceunly Hurrisburg, Ponn&ylvonin 17101 (117) flfl5-2000 J, R, Lotwick Sheriff COMMONWEALTH OF PENNSYLVANIA r:OUNTY OF DAtJPHW SHERIFF'S RETURN No. 0821-T - - -97 OTHER COUNTY NO. 97-2051 AND NOW I May 6, 1997 COMPLAINT & NOTICE FINK DWIGHT E. at 12100PM served the wi thin upon by personally handing to SELENA L. SCHAFFNER - PERSON IN CHARGE 1 true attested copy( ies) of the original COMPLAINT & NOTICE and making known to him/her the contents thereof at 2111 SWATARA ST, HARRISBURG, PA 17104-0000 Sworn and subscribed to before me thi!l 6TH iJOf MAY, 1997 Q,- I -r:.JY\'I"/l< ) ,.{/ I ", \..)L~U'WIV 1....--' -(-. ''1''S''~Q...) I PROTHONOTllRY (.v I II AAB S9R~ ~eriff of Dauphin County, Pa. BY a#~.;'1L' /-l.~l'~ DEP Y SHERIFF Sheriff's Costs: $25,50 PD 05/02/97 RCPT NO 094340 WEST AMERICAN INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ; No. tn - c;;( d 5 J : CIVIL ACTION. LAW DWIGHT E. FINK, Defendant NOTICE (]<'A)-~ L" 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. R chard E. Freebu n, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 1.0. No. 30965 TRUE COPY FROM RECORD Allorney for Plaintiffs," Testimony whereof. , hero unto set my hand and the I of j, ~~~ I~~~' Pa. ,Thl\ (, ~.o I ,~' 19 17 / \ Prot <,:d1" CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 WILT, FREEBURN & MENSEL ~By: Dated: 4/17/97 ',' <i;" ... '" '" '. . .'-..' .....:.. r . C> :'-'j :;;lJ:,:, A . .. :r:. +: t-' -r: = -00 c:: en rn .. L.O ..... o ..., ..., c.,'"') :.0 rTlm \::,.0 'q~ ,,')< ..nl .~c "'1 .., 6. At that time and place, Defendant, Dwight E. Fink, was operating his 19B7 Chevy Cavalier automobile in the westbound lane of State Route 5B 1 . Defendant failed to stop his automobile, and the front portion of Defendant's vehicle violently collided with the rear portion of Plaintiff's vehicle. 7. The foregoing accident and the damages set forth herein sustained by Plaintiffs are the direct and proximate cause of the negligent, careless, wanton and reckless manner in which Defendant operated his motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiff's vehicle; d. failure to travel at a safe speed; e. failure to keep a proper watch for traffic on the highway; f. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; g. failure to keep proper and adequate control over his vehicle; and h. driving his vehicle upon the highway in a manner endangering persons and property and" in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. B. As a result of this collision, Plaintiff was required to pay for cost of repairs $3,239.95, under its collision coverage. 2 WHEREFORE, Plaintiff, West American Insurance Company, demands Judgment In Its favor and against Defendant, Dwight E. Fink, In the sum of THREE THOUSAND TWO HUNDRED THIRTY.NINE & 95/100 DOLLARS ($3,239.95), plus Interest and costs of suit. Respectfully submitted, WILT, FREEBURN & MENSEL By: ~FL.O _ RI hard E. f1'reeburn, Esquire 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 1.0. No. 30965 Dated: 4/16/97 Allorney for Plaintiffs ~ 3 WEST AMERICAN INSURANCE COMPANY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA I 'I Plaintiff v. : No. 97.2051 DWIGHT E. FINK, : CIVIL ACTION. LAW , ~ Defendant PRAECIPE FOR DEFAULT JUDGMENT TO: Lawrence E. Welker, Prothonotary Kindly enter default judgment on behalf of Plaintiff and against Defendant in the sum of $3,239.95, plus interest and costs of suit. I hereby certify that a written Notice of Intention to file this Praecipe was mailed alter Defendant's failure to plead to Plaintiff's Complaint and at least ten (10) days prior to the date of the filing of the Praecipe to the party against whom judgment is to be entered and to his/her attomey of record, if any. A true and correct copy of the Notice is attached hereto. Respectfully submitted, WILT, FREEBURN & By: Dated: 6/17/97 Attorney for Plaintiff '- c:. G: ;~ "~i .7'. " I'~' r-:. , 'J. .~. Cl 11.1.., " .L (). ,,- tt.f.: ". '. ~I, "'" l::j I' 11:. (II 1 ~ . J UJr. ". 5:: ~ !I - .lijj ", f, ::-j' 'liJ. ~, t~ . r- ::.> () <1' U r WEST AMERICAN INSURANCE COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : No. 97-2051 : CIVIL ACTION - LAW n ,0 1-:") f; -J ., . J -.-,i ,"- f..t : ' IJJ .. rn l ,; r:J ~': .):J .Jr, - :-:: 'J ." L.j) . )-' , -.. '.l-' '. ~'I :-oCj ~jrn - , ';; "-I .~ :.., '" -- ~q I:> ..... v. DWIGHT E, FINK, IMPORTANT NOTICE TO: DWIGHT E, FINK, Defendant DATE OF NOTICE: 5/28/97 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 V". /")/ Richa (t-E:-Ffeeburn, Esquire 4775 Lmgleslown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 1.0. No. 30965 iJ ~ .I,; \) .~ rl ....l ~ >- 0' ~ -- ~ u:; <" ~~ r- ~ " ..~ rj .', --- UJ~! ~i._ C,!t' -- ''--';'''~ {':l\ f..t. _ ". ~:~ i. I..j: "" ~J,: .J...., '" ~~ .J' r.<J . ',~.; ~ urf... , , '. \) ~ LL'I, :1".: ) 'U~; '\l , :-- ~ ,- -, ',..:l..L ~ ", r- -. ~ U :J 0' U vJ ~~ ftnu (l 'u",.~. Cv I. ])IVOI.J D :r, ilK J q 7 - d. CJ 5'1 (!;"ti-Le~ I . AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS, I, Richard E. Freeburn, Esquire, being duly sworn according to law, deposes and says that the judgment against Dwight E. Fink is a result of a motor vehicle accident that occurred on 9/5/96. .', i I Xf:,. (L / RicharE. Freeburn, Esquire Sworn to and subscribed before me this~.;l day of August, 1997. ~4/W NOTARY UBLlC Nolarial Seal Gtorg1snne J. Hess. Notary Public Lowerl'ulon Twp.. Oauphln CouOly My Commission Expires Oct 16, 2000 Membllr Pennsylvania AsSociation 01 Notaries J ,\) Q. () ..t? >... ~ .r.J 1 ...j ~ (X l'.. J g: ......{. - + . -J -1 r-( j r .::lei: -:-' J-L; ~ ~ B~ ~ t:: ~ ~ \ to ~~ G-"'! -