HomeMy WebLinkAbout07-1120IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE, Plaintiff, NO. (31 - //26 Ct U, C_Ti?
COMPLAINT
V.
ALYSHIA D. CLARK-EWELL,
Defendant.
TO: Defendant
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
You are hereby notified to file a written
Response to the enclosed Complaint within
twenty (20) days From service hereof or a
judgment May be entered against you.
Su?nm° & McDonnell, Hudock,
Gu Skeel, L.L.P.
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff, NO.
V.
ALYSHIA D. CLARK-EWELL,
Defendant.
(Jury Trial Demanded)
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 claim 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
32 S. Bedford Street
Carlisle, PA 17013
Telephone Number: 717-249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las pagina siguientes, usted tiene viente (20) dias do plazo al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses
o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted
no se defiende, la corte tomara medidas y puded entar una Orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero os sus propiedades o otros derechos importantes
para usted.
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE, ,
Plaintiff, NO. p7 - 1l26 V.
ALYSHIA D. CLARK-EWELL,
Defendant.
(Jury Trial Demanded)
COMPLAINT
AND NOW, comes the Plaintiff, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, a/s/o DENNIS W. HOSE, by and through its counsel,
Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire,
and files the following Complaint and in support thereof avers as follows:
1. Dennis W. Hose is an adult individual who resides at 480 Craines Gap
Road, Carlisle, Pennsylvania 17013.
2. At all times material hereto, State Farm Mutual Automobile Insurance
Company (hereinafter "State Farm") provided motor vehicle insurance to Dennis W.
Hose pursuant to policy number 6800-664-38F. This policy covered a 1999 Volkswagen
Jetta (hereinafter "the vehicle"), whose registered owner was Trudy E. Hose.
3. It is believed, and therefore averred, that Defendant Alyshia D. Clark-Ewell
is an adult individual who resides at 619 Alexander Spring Road, Carlisle, Pennsylvania
17013.
4. On December 22, 2005, Defendant Alyshia Clark-Ewell was operating the
vehicle in a southerly direction on Burnt House Road in Dickinson Township,
Cumberland County, Pennsylvania.
5. At that time, neither Dennis W. Hose nor Trudy E. Hose knew that
Defendant Alyshia D. Clark-Ewell was operating the vehicle, and never gave her
permission to do so.
6. At that same time and place, Randall Brown was operating a 2005 Dodge
Caravan in an easterly direction on Old York Road near its intersection with Burnt
House Road.
7. Traffic on Burnt House Road at its intersection with Old York Road is
governed by a stop sign. Traffic on Old York Road at this intersection is not controlled
by any stop sign or stop light.
8. As Randall Brown's vehicle approached Burnt House Road, Defendant
Alyshia D. Clark-Ewell negligently pulled out from her stop sign and into the path of the
vehicle driven by Randall Brown.
9. As a sole result of Defendant Alyshia D. Clark-Ewell's actions, a collision
occurred between the vehicle driven by Mr. Brown and the vehicle driven by Defendant
Alyshia D. Clark-Ewell.
10. The collision was caused solely by the negligence of Defendant Alyshia D.
Clark-Ewell, in general and in the following particulars:
a. failing to maintain a proper lookout;
b. failing to yield to the right of way of traffic on Old York Road;
C. failing to check for approaching traffic before pulling out from
a stop sign; and
d. operating a vehicle when she was physically incapable of
doing so in a safe and proper manner.
11. As a direct result of the aforesaid negligence of Defendant, Alyshia D.
Clark-Ewell, the vehicle was severely damaged, and subsequently declared a total loss.
12. Pursuant to its policy, State Farm reimbursed Dennis W. Hose $9,789.30
for the total loss of the vehicle.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company,
a/s/o Dennis W. Hose, respectfully requests this Honorable Court enter judgment in its
favor and against Defendant, Alyshia D. Clark-Ewell, in the amount $9,789.30 plus
interest and costs.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE $ SKEEL, L.L.P.
By: #A 1A
Kevin D. such, Esquire
Counsel for Plaintiff, Trudy E. Hose
VERIFICATION
I, Steven McGee, verify that the foregoing Complaint is based upon information
which I have furnished to counsel and information which was has been gathered by
counsel in preparation of this lawsuit. I have read the Complaint and to the extent that
the Complaint is based upon information which I have given to counsel, it is 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 Ste n McGee
State Farm Mutual Automobile Insurance Company
#14631
Ml 0
12
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE, NO. 07-1120
Plaintiff,
PRAECIPE FOR ENTRY OF DEFAULT
V. JUDGMENT
(Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant. Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff, NO. 07-1120
V. (Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO: Prothonotary
Kindly enter Default Judgment against Defendant, Alyshia D. Clark-Ewell for
failure to enter appearance or failure to file an answer to Plaintiffs Complaint in the
above-referenced matter.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Counsel for Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
CERTIFICATION
I, Kevin D. Rauch, attorney for the Plaintiff hereby certify that an important 10-
Day Notice was mailed to Defendant, Alyshia D. Clark-Ewell on April 10, 2007.
q??-3 C
Date 1,e-vin D. Rauch
#14631
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO
ENTER DEFAULT JUDGMENT has been mailed by U.S. Mail to counsel of record via
first class mail, postage pre-paid, this ? day of l , 2007.
Alyshia D. Clarke-Ewell
619 Alexander Spring Road
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
T Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE, NO. 07-1120
Plaintiff,
10-DAY IMPORTANT NOTICE
V.
(Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
717 901-5916
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff, NO.
V. (Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
IMPORTANT NOTICE
Date: April 6, 2007
To: Alyshia D. Clark-Ewell, Defendant
619 Alexander Spring Road
Carlisle, PA 17013
You are in Default because you have failed to take action required of you in this
case. Unless you act within 10 days within the date of this Notice, Judgment of Default
may be entered against you without a hearing you may lose your property or other
important rights. You should take this Notice to a Lawyer at once. If you do not have a
lawyer or can not afford one, go to or telephone the following office to find out where
you can get legal help.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: Y? j " dtj
Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing 10-DAY
NOTICE has been mailed by U.S. Mail to counsel of record via first class mail, postage
pre-paid, this day of (1 , 2007.
Alyshia D. Clarke-Ewell
619 Alexander Spring Road
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
. .
By: I A ? /Jfl?J
Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01120 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM MUTUAL AUTOMOBILE
VS
CLARK-EWELL ALYSHIA D
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CLARK-EWELL ALYSHIA D the
DEFENDANT , at 1927:00 HOURS, on the 9th day of March 2007
at 619 ALEXANDER SPRING ROAD
CARLISLE, PA 17013 by handing to
DORTHEA EVANS, MOTHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.80
Postage .63
Surcharge 10.00
.00
C,,, 31AbJo7 ? 33 .43
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
03/12/2007
SUMMERS MCDONNEL UDOCK GUTHR
BY: „ . z
Deputy Sheri
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff,
V.
ALYSHIA D. CLARK-EWELL,
Defendant.
CIVIL DIVISION
NO. 07-1120
10-DAY IMPORTANT NOTICE
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff, NO. 07-1120
V.
(Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
IMPORTANT NOTICE
Date: November 15, 2007
To: Alyshia D. Clark-Ewell, Defendant
619 Alexander Spring Road
Carlisle, PA 17013
You are in Default because you have failed to take action required of you in this
case. Unless you act within 10 days within the date of this Notice, an Amended
Judgment of Default may be entered against you without a hearing you may lose your
property or other important rights. You should take this Notice to a Lawyer at once. If
you do not have a lawyer or can not afford one, go to or telephone the following office to
find out where you can get legal help.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing 10-DAY
NOTICE has been mailed by U.S. Mail to counsel of record via first class mail, postage
pre-paid, this 15th day of November, 2007.
Alyshia D. Clarke-Ewell
619 Alexander Spring Road
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:__ Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
-IQ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
INSURANCE COMPANY,
W. HOSE,
AUTOMOBILE CIVIL DIVISION
a/s/o DENNIS
NO. 07-1120
Plaintiff,
PRAECIPE FOR ENTRY
V. DEFAULT JUDGMENT
(Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
OF AMENDED
Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne, PA 17043
(717) 901-5916
#14631
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE,
Plaintiff, NO. 07-1120
V. (Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
PRAECIPE FOR ENTRY OF AMENDED DEFAULT JUDGMENT
TO: PROTHONOTARY
Kindly enter a judgment of default against the Defendant, Alyshia D. Clark-Ewell,
in the amount of $9,074.30, for failure to enter appearance or failure to file an answer to
Plaintiffs Complaint in the above-referenced matter. I hereby certify that written notice
was mailed to the Defendant in accordance with Pennsylvania Rule of Civil Procedure
Number 237.1.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: C) L -1
Kevin D. Rauch, Esquire
Counsel for Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO
ENTER AMENDED DEFAULT JUDGMENT has been mailed by U.S. Mail to counsel of
record via first class mail, postage pre-paid, this Cv A day of 2007.
Alyshia D. Clarke-Ewell
619 Alexander Spring Road
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By: 1
Kevin D. auch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
IT?r
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o DENNIS
W. HOSE, NO. 07-1120
Plaintiff,
V.
ALYSHIA D. CLARK-EWELL,
Defendant.
#14631
10-DAY IMPORTANT NOTICE
(Jury Trial Demanded)
Filed on Behalf of the Plaintiff
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, L.L.P.
Firm #911
1017 Mumma Road, Suite 300
Lemoyne; PA 17043
(717) 901-5916
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
INSURANCE COMPANY,
W. HOSE,
Plaintiff,
V.
ALYSHIA D. CLARK-EWELL,
Defendant.
NO. 07-1120
(Jury Trial Demanded)
IMPORTANT NOTICE
Date: November 15, 2007
To: Alyshia D. Clark-Ewell, Defendant
619 Alexander Spring Road
Carlisle, PA 17013
You are in Default because you have failed to take action required of you in this
case. Unless you act within 10 days within the date of this Notice, an Amended
Judgment of Default may be entered against you without a hearing you may lose your
property or other important rights. You should take this Notice to a Lawyer at once. If
you do not have a lawyer or can not afford one, go to or telephone the following office to
find out where you can get legal help.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
Respectfully submitted,
AUTOMOBILE CIVIL DIVISION
a/s/o DENNIS
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
BY:
Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing 10-DAY
NOTICE has been mailed by U.S. Mail to counsel of record via first class mail, postage
pre-paid, this 15th day of November, 2007.
Alyshia D. Clarke-Ewell
619 Alexander Spring Road
Carlisle, PA 17013
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
Kevin D. Rauch, Esquire
Counsel for Plaintiffs,
State Farm Mutual Automobile Insurance
Company, a/s/o Dennis W. Hose
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77
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL AUTOMOBILE CIVIL DIVISION
INSURANCE COMPANY, a/s/o
DENNIS W. HOSE,
Plaintiff, NO. 07-1120
V.
(Jury Trial Demanded)
ALYSHIA D. CLARK-EWELL,
Defendant.
AFFIDAVIT
I, Kevin D. Rauch, hereby declare, having personal knowledge of the relevant
facts presented herein, state as follows:
1. The judgment entered on December 7, 2007, against the Defendant,
Alyshia Clark-Ewell, was due to a motor vehicle accident.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, L.L.P.
By:
viff'6.'RAuch, Esquire
Counsel for laintiffs,
State Farm Automobile Insurance
Company, a/s/o/ Dennis W. Hose
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