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Home My WebLink About03-4012VIOLA A. SMELTZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.(::::~ - ,2~01.~,. CIVIL TERM SANDRA L. CRONE, Defendant : CIVIL ACTION - LAW 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 entedng a wdtten appearance personally or by attomey 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 MAY GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 NOTICIA 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 demanda y la notificacion. Usted debe presentar una apadencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede entrar 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 o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 VIOLA A. SMELTZER, Plaintiff SANDRA L. CRONE, Defendant IN THE COURT OF COMMON PLEAS .' CUMBERLAND COUNTY, PENNSYLVANIA : NO. - o: : : CIVIL ACTION - LAW COMPLAINT The Plaintiff, Viola A. Smeltzer, is an adult individual residing at 117 S. 4th Street, Apartment 3, Newport, Pennsylvania 17074. The Defendant, Sandra L. Crone, is an adult individual residing at 6400 Spring Road, Shermansdale, Pennsylvania 17090. The facts and occurrences hereinafter related took place on or about December 18, 2002 on Wertzville Road, Cumberland County, Pennsylvania. At the time and place aforesaid, Plaintiff was the owner and operator of a 1993 Chevrolet Blazer which was then and there traveling west on Wertzville Road. At the time and place aforesaid, Defendant was the owner and operator of a 1988 Chevrolet Corsica which was then and there traveling east on Wertzville Road. As the Plaintiff was traveling west on Wertzville read, Defendant crossed over the center dividing line striking Plaintiff s vehicle causing it to lose control, enter an adjacent field and flip over. 7. The aforesaid accident and damages resulting therefrom were caused by the negligence of the Defendant in that she: (a) Failed to keep a proper lookout for other vehicles lawfully on the roadway. (b) Failed to keep her vehicle under control (c) Failed to prevent her vehicle from crossing over the center dividing line. 8. Solely as a result of Defendant's negligence, Plaintiff sustained damages in the amount of $4,933.58 for repairs to her vehicle. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount no in excess of mandatory arbitration. Wix, Wenger & Weidner Richard H. Wix, Esq0ire Attorney ID#07274 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Attorneys for Plaintiff VERIFICATION I, Viola A. Smeltzer, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.$. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: Viola A. SmeltT_.~ SHERIFF'S RETURN CASE NO: 2003-04012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMELTZER VIOLA A VS CRONE SANDRA L - OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a and inquiry for the within named DEFENDANT CRONE SANDP~A L but was unable to locate Her deputized the sheriff of PERRY Sheriff or Deputy Sheriff who being diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 21st , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Perry County 18.00 9.00 10.00 25.40 .00 62.40 08/21/2003 WIX, R. Thomas Kline Sheriff of Cumberland County WENGER & WEIDNER Sworn and subscribed to before me this J7~ day of ~,.~-~ A.D. Prothonota~yt ]u The Court of Common Pleas of Cumberland County, Pennsylvania Viola A. Smeltzer VS, Sandra L. Crone No. 2003-4012 Civil Tow, 8/18/03 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do l~ereby deputize the Sheriffof Perry County to execute this'Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service HOW, August 20 ,20 03,~ 4:45 o'clock p M. servedthe within Notice & Complaint upon Sandra L. Crone ~ 6400 Spring Rd. (Carroll Township) Shermansdale, Pa. 17090 handingto~Sandra L. Crone by a True & Attested and made known to Her copy of the original Notice & Complaint the contents thereof. Sworn ar6d, subscribed before me thiso~ day of,~ ~. , 20 ~.3. BLOOMFIELD BORO., ~R~ COUNU ~MMISSION ~PIRES FEB. ]6, 2004 So answers, O. Wi)son Deputy/~eriff of Perry COSTS SERVICE MILEAGE AFFIDAVIT County, PA VIOLA SMELTZER, Plaintiff VS. SANDRAL. CRONE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW No. 03-4012 PRAEClPE Please enter Default Judgment against the Defendant, Sandra L. Crone, in the amount of $4,933.58, plus interest and costs of suit in the above-captioned matter. Respectfully Submitted, Wix, Wenger & Weidner Kathryn L. Wix, Esq. I.D.#92944 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 10/18/04 VIOLA SMELTZER, SANDRACRONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-4012 Civil Term : : CIVIL ACTION - LAW TO: DATE OF NOTICE: IMPORTANT NOTICE Sandra Crone 6400 Spring Road Shermansdale, PA 17090 May 17, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY 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 M AY B E ENTERED AGAINST YOU WITHOUT A H EARING AND YOU MAY LOSE Y OUR PROPERTY O R OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND CO. BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VIOLA SMELTZER, Plaintiff SANDRA CRONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4012 Civil Term CIVIL ACTION - LAW NOTICE OF ASSESSMENT OF DAMAGES TO: Sandra Crone 6400 Spdng Road Shermansdale, PA 17090 You are hereby notified that in ten (10) days from the mailing of this Notice, damages will be assessed against you in the amount indicated in the attached Repair Bill in connection with the judgment which will be entered against you in the above-captioned action unless, pdor to the date of assessment, you request a tdal on the issue of damages by filing a written Praecipe with the Prothonotary. WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 5/17/04 CERTIFICATE OF SERVICE AND NOW, this 17th day of May, 2004, I, Kathryn L. Wix, and employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the foregoing Notice of Default on this date by deposition a copy of the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Sandra Crone 6400 Spring Road Shermansdale, PA 17090 VIOLA SMELTZER, Plaintiff VS. SANDRAL. CRONE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION- LAW Defendant No. 03-4012 COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF DAUPHIN ) Personally appeared before me, a notary public in and for said commonwealth and county, KATHRYN L. WIX, ESQUIRE of the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, who being duly sworn according to law deposes and says that she mailed notice of default judgment and notice of assessment of damages to Sandra L. Crone, in accordance with Pennsylvania Rules of Civil Procedure 237.1 and 1037. Kathryn L. Wix, Esquire' Sworn to and subscribed before me this of 0c~, 2004 Notary Public My Commission Expires: Notarial Seal Gaye Cdst, Nota~j Public South Hanover Twp., Dliuphln County My Commission Expires Apr. 18, 2005 Mernber, PennsyNaniaAssodation 0f Notaries VIOLA SMELTZER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. SANDRA L, CRONE, CIVIL ACTION- LAW Defendant No. 03-4012 COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF DAUPHIN ) Personally appeared before me, a notary public in and for said commonwealth and county, KATHRYN L. WIX, ESQUIRE of the firm of Wix, Wenger & Weidner, attorneys for the Plaintiff, who being duly sworn according to law deposes and says that the judgment in the above-captioned matter was as the result of a motor vehicle accident 6-~ /?~ Kathryn L. Wix, Esq 're Sworn to and subscribed before me this I~y --- of Ja...u....'V'd', 2005 .J1~ Uwt Notary Public My Commission Expires: Notanal Saal Gaye Cnst, Notary Public South Henovar Twp., D8uphln County My Commission Expires Apr. 1 B, 2005 Mef'11t)ef, PennsvJvaniaAsSOCiationofNo1aries P .../.0.. 70 1"~ w t \) C> --- ~ r Vc ..0 -.(l ~ ~ ~ ~ ~ l""~ ,--..:. <;./1 -" c-~ .,...', -.,.- {..;.', IT