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HomeMy WebLinkAbout04-0816LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Julianne A. Barrett Identification No. 59422 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. CIVIL ACTION NO.6y-,PIL (7 t?i(?T&?-?-L DANA L. ANDREWS Defendant TWELVE JURORS DEMANDED PLUS TWO ALTERNATES 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES 355 Maple Avenue, C-2 Harleysville, PA 19438 Plaintiff CIVIL ACTION VS. NO. ©L4-aL l:tv?l.F£2l'y'v DANA L. ANDREWS 618 Cumberland Point TWELVE JURORS DEMANDED Mechanicsburg, PA 17055 PLUS TWO ALTERNATES Defendant COMPLAINT 1. Plaintiff is Harleysville Insurance Company, a Pennsylvania business corporation and insurance company with a principal place of business at 355 Maple Avenue, C-2, Harleysville, Montgomery County, Pennsylvania 19438. 2. Defendant is Dana L. Andrews an individual residing at 618 Cumberland Point, Cumberland County, Mechanicsburg, PA 17055. 3. Plaintiff issued insurance policy number PAA-387034 to its insured, Ruzica Jovic (hereafter "the insured"), effective July 20, 2002 through July 20, 2003. Page 1 of 3 4. On or about October 14, 2002, the insured was lawfully and carefully operating a motor vehicle on Route 581 Cumberland County, Pennsylvania. At that time, date and place, Defendant negligently, recklessly and carelessly operated a motor vehicle so as to cause his car to collide with insured's vehicle, causing serious damage. 6. At the time of the accident, the Defendant was negligent, reckless and careless under the circumstances in : a.) failing to have his motor vehicle under proper and reasonable control; b.) operating his motor vehicle in such a manner as to cause it to collide into and against insured's vehicle; c.) failing to give prompt, proper and adequate warning of his vehicle's change of direction; d.) operating his motor vehicle without due regard to the presence and safety of the insured; e.) failing to bring his motor vehicle to a stop in time to avoid the collision; f.) failing to operate his motor vehicle in a safe and proper manner and to maintain proper distance between other automobiles; g.) fleeing the scene of a motor vehicle accident in which he was a party; and g.) failing to comply with the laws, rule and regulations of the Pennsylvania Motor Vehicle Code and the ordinances of the local township pertaining to the operation of motor vehicles in or about the highways. As a result of the negligence, recklessness and carelessness of the Defendant, the Page 2 of 3 insured sustained serious damage to his/her motor vehicle. 8. Plaintiff, by virtue of the insurance policy described in paragraph 3 above, was obliged to indemnify the insured for the damages suffered by the insured as a direct result of Defendant's conduct. 9. Plaintiff expended $6,981.29 in satisfaction of its obligation to the insured under the insurance policy described in paragraph 3 above, and is entitled under Pennsylvania law to make claim directly against Defendant to recover the funds expended. 10. The amount in controversy does not exceed Cumberland County's Compulsory Arbitration Program. WHEREFORE, Plaintiff, Harleysville Insurance Company demands judgment in its favor and against Defendant Dana L. Andrews, in the amount of $6,981.29 in liquidated damages, and unliquidated damages together with interest, costs and expenses as permitted by Pennsylvania law including, without limitation, delay damages for failure to timely satisfy the demand for payment in this Pleading. Respectfully submitted, LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: Oa -a3 -09 4. U, Richard T. Curley, Atty. I.D. 448157 Loren A. Walmer, Atty. I.D. #87169 Page 3 of 3 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff., Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. DANA L. ANDREWS Defendant VERIFICATION CIVIL ACTION NO. JURY OF TWELVE DEMANDED PLUS TWO ALTERNATES I, Tracy Guinther, state that the facts contained in the foregoing Complaint are 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.A. Section 4904 relating to unswom falsification to authorities. Date: l % -6 V ='o Harleysville Assoc. Claims Recovery Specialist ??') ? bip-b-,e Notarial Seal Angela M. Wiebel, Notary Public Lower Salford Twp., Montgomery County My Commission Expires Oct. 21, 2006 Member, Pennsylvania Association of Notaries LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Julianne A. Barrett Identification No. 59422 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. DANA L. ANDREWS Defendant CIVIL ACTION NO. CERTIFICATE OF SERVICE I, Loren A. Walmer, do hereby certify that on this date I did serve a copy of the Notice to Defend, Complaint and Verification, by first class, United States mail, postage prepaid to the following: Dana L. Andrews 618 Cumberland Point Mechanicsburg, PA 17055 LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: 6.)-a3 -()'I By: T. Curley/Attorney ID No. 48157 /Richard ht Loren A. Walmer/Attorney ID No. 87169 ? ? ? ?, _ ( te ? ? r ° ; = ? ^, .? ? ? , ` ? - ,; ?? _, SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00816 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARLEYSVILLE INSURANCE COMPANI VS ANDREWS DANA L 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 ANDREWS DANA L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 618 CUMBERLAND POINT MECHANICSBURG, PA 17055 ANDREWS DANA L PER POST OFFICE, DEFENDANT'S CURRENT ADDRESS IS 2337 LOGAN HARRISBURG, PA 17110 WHICH IS DAUPHIN COUNTY Sheriff's Costs: So answers: Docketing 18.00 l Service 6.90 , J Not Found 5.00 ' R. Thomas K1Yne Surcharge 10.00 Sheriff of Cumberland County .00 39.90 RICHARD CURLEY 03/01/2004 Sworn and subscribed to before me this 5`1' day of lJ a((? `F A.D. ?- P o?honotary LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FtNNJYLVHNIA HARLEYSVILLE INSURANCE COMPANIES . Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: REISSUE WRIT (X ) REINSTATE COMPLAINT Signature/ID Number 4 `6(S Richard T Curley Print Name Law Offices of Richard T. Curley, P.C. 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown PA 18105-4375 Address a c ? r ? LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff CIVIL ACTION vs. DANA L. ANDREWS Defendant NO. ((a o(',4( T't a'- PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: REISSUE WRIT ( X ) REINSTATE COMPLAINT k - J.- Signature/II) Number Loren A. Walmer Print Name Law Offices of Richard T Curley P.C. 546 Hamilton Street. Suite 211 P.O. Box 4375 Allentown. PA 181054375 Address -5 m _ a ` _TI J rt N '{ LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Attorneys for Plaintiff: Harleysville Insurance Companies Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff vs. CIVIL ACTION NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: REISSUE WRIT ( X ) REINSTATE COMPLAINT ?- C-,Jj1..-- Signature/ID Number Loren A. Walmer Print Name Law Offices of Richard T. Curley, P.C. 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, PA 18105-4375 Address C._ ? -rl J J _' `7 L cn -.i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARLEYSVILLE INSURANCE COMPANI VS ANDREWS DANA L 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: ANDREWS DANA L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 30th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 1 R. Dep Dauphin County 29.25 00 66.25 06/30/2004 RICHARD CURLEY Sworn and subscribed to before me this day of app A.D. o? Prothonotary ff of Cumberland County in The Court of Common Pleas of Cumberland County, Pennsylvania: Harleysville Insurance Companies Dana L. Andrews SERVE: same 04-816 civil No. Now, May 18,` 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 20 20_, at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA .y ?NIIC 3 NINd(1"r' Cl mijilce of t4r o 4rxtff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania . HARLEYSVILLE INSURANCE CO vs County of Dauphin ANDREWS DANA L Sheriff's Return No. 4843-T - - -2004 OTHER COUNTY NO. 04-816 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ANDREWS DANA L the DEFENDANT named in the within REINSTATED COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 17, 2004 MADE SEVERAL ATTEMPTS TO SERVE BUT WERE UNABLE TO SERVE DEFT BEFORE THE COMPLAINT EXPIRED. Sworn and subscribed to before me this 21ST day of JUNE, 2004 11 ACA/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 So Answers, ?41c- Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PD 05/27/2004 RCPT NO 195079 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Wanner Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff. Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES CIVIL ACTION Plaintiff VS. NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: REISSUE WRIT ( X ) REINSTATE COMPLAINT Signatum/ID Number Loren A, Walmer Print Name Law Offices of Richard T Curley. P.C. 546 Hamilton Street Suite 211 P.O. Box 4375 Allentown PA 18105-4375 Address C) ?? ( 3 { 4_) L_„ _ ?~ < _ i = _%i ?' r:.: n? ?. ? i_? ___. .. _F' ?? :.. J U SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARLEYSVILLE INSURANCE COMPANI VS ANDREWS DANA L 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: ANDREWS DANA L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 23rd , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Cc 30.00 .00 67.00 08/23/2004 RICHARD CURLEY Sworn and subscribed to before me this 31A r- day of f- a00o -l A. D. u n , Prothonotary So answer R. 'Thomas Kline l Sheriff of Cumberland County (o f f-itQ -of P 454Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania HARLEYSVILLE INSURANCE CO vs County of Dauphin ANDREWS DANA L Sheriff's Return No. 6048-T - - -2004 OTHER COUNTY NO. 04-816 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ANDREWS DANA L the DEFENDANT named in the within REINSTATED COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT POUND, July 30, 2004 Sworn and subscribed to before me this 13TH day of AUGUST, 2004 NOTARIAL SEAL MARY JANE SNYDER. Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, >?z? ? t? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$30.00 PD 07/28/2004 RCPT NO 197677 T9 The Court of Common Pleas of Cumberland County, Pennsylvania Harleysville Insurance Companies VS. Dana L. Andrews 04-816 civil No. Now, july 26, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 Now, within upon at by handing to a and made known to , 20, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 120. COSTS SERVICE $ MILEAGE AFFIDAVIT _ $ LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Attorneys for Plaintiff: Identification No. 48157 Harleysville Insurance Companies Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES CIVIL ACTION Plaintiff VS. NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / P.EISSUE TO THE PROTHONOTARY: REISSUE WRIT (X ) REINSTATE COMPLAINT c.l - 1 is 7 1 c l Signature/ID Number Loren A.. Walmer Print Name Law Offices of Richard T Curley. P.C. 546 Hamilton Street Suite 211 P.O. Bax 4375 Allentown PA 18105-4375 Address fJ rf'?.`•? ?' T C 3 r ?C77 77 FTI t? o K ? no LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: ( ) REISSUE WRIT (X ) REINSTATE COMPLAINT 4 A. J'j1-- /101601 Signature/ID Number Loren A. Walmer Print Name Law Offices of Richard T. Curley, P.C. 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, PA 18105-4375 Address -n i -I all LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. CIVIL ACTION NO. 04-816 DANA L. ANDREWS Defendant PRAECIPE TO REINSTATE / REISSUE TO THE PROTHONOTARY: ( ) REISSUE WRIT ( X ) REINSTATE COMPLAINT Signature/ID Number Loren A. Walmer Print Name Law Offices of Richard T. Curley, P.C. 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown. PA 18105-4375 Address "'!'7 17, LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Julianne A. Barrett Identification No. 59422 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. CIVIL ACTION NO. 04-816 DANA L. ANDREWS Defendant CERTIFICATE OF SERVICE I, Loren A. Walmer, do hereby certify that on this date I did serve a copy of the important Notice by first class, United States mail, postage prepaid to the following: Dana L. Andrews 630 Radnor Street Harrisburg, PA 17110-2522 LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: 1 a - -5 - ON By: , J-Q1-1 -2"-t Richard 1'. Curley/Attorney ID No. 48157 Loren A. Walmer/Attorney ID No. 87169 ? ? f::.:J f.,.,? `!?'? ? 1 ? .__! ? t ? ? < .., j ?I. 1 ?. ?:,J -:.AW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. DANA L. ANDREWS Defendant CIVIL ACTION NO. 04-816 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NONMILITARY SERVICE TO THE PROTHONOTARY: I Enter judgment for want of an answer for plaintiff and against defendant, Dana L. Andrews and assess damages certified to be calculable as a sum certain from the complaint, as follows: ( X ) Assess Damages as Follows: Debt $ 6.981.29 Interest $ 0.00 Filing fees $ 55.50 Costs of service $ 240.15 Fee for judgment $ 9.00 Total $ 7.285.94 IJ Richard T. Curley Loren A. Walmer Attorneys for Plaintiff VERIFICATION OF ADDRESS AND OF NONMILITARY SERVICE Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unswom Falsification to Authorities, I verify that: The above are the precise last known addresses of the parties. 2. The annexed notice of intention to file praecipe was mailed to all parties and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. On information and belief, the defendant, Dana L. Andrews is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and is over 18 years of age; Tracy Guinther Harleysville Insurance Companies Claims Recovery Specialist THIS AY OF -IA-) 2004, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT, DANA L. ANDREWS, BY DEFAULT FOR WANT OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF AS PER THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO PA.R.C.P,.236. LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 181054375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff VS. CIVIL ACTION NO.04-816 DANA L. ANDREWS Defendant To: Dana L. Andrews Date of Notice: December 15, 2004 IMPORTANT NOTICE 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 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 800-990-9108 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Julianne A. Barrett Identification No. 59422 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff. Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES . Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant CERTIFICATE OF SERVICE I, Loren A. Walmer, do hereby certify that on this date I did serve a copy of the Important Notice by first class, United States mail, postage prepaid to the following: Dana L. Andrews 630 Radnor Street Harrisburg, PA 17110-2522 LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: 1 a -6 - 0`4 By: Richard T. Curley/Attorney ID No. 48157 Loren A. WalmerlAttonney ID No. 87169 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Julianne A. Barrett Identification No. 59422 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES . Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant CERTIFICATE OF SERVICE I, Loren A. Walmer, do hereby certify that on this date I did serve a copy of the Praecipe for Entry of Judgment for Want of an Answer, Assessment of Damages, Verification of Address and Nonmilitary Service by first class, United States mail, postage prepaid to the following: Dana L. Andrews 630 Radnor Street Harrisburg, PA 17110-2522 LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: 1 By: '-"6' 6 ru, Richard T. Curley/Attorney ID No. 48157 Loren A. Walmer/Attorney ID No. 87169 .r C? "cr?, ` a t ? r ?.T A CIO SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARLEYSVILLE INSURANCE COMPANI VS ANDREWS DANA L 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: ANDREWS DANA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Cc 30.00 .00 67.00 11/30/2004 RICHARD CURLEY So answers:-,- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this G day o U7vu? A.D. Prothonota y In The Court of Common Pleas of Cumberland County, Peniisylvania Harleysville Insurance Companies VS. Dana L. Andrews No. 04-816 civil Now, November 10, 2004 , I, SEERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 Now, within 20_, at o'clock M. served the upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this _ day of 20 copy of the original So answers, COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA (Of five Of 14f S4,criff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HARLEYSVILLE INSURANCE CO vs • ANDREWS DANA L Sheriff's Return No. 6954-T - - -2004 OTHER COUNTY NO. 04 816 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:November 24, 2004 at 6:04PM served the within COMPLAINT ANDREWS DANA L upon by personally handing to SAE ROBERTS - MOTHER OF DEFENDANT 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 630 RADNOR STREET HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 26TH day of NOVEMBER, 2004 A/ NOTARIAL SEAL MARY ;ANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, k e;l*? t? Sheriff of Dauphin County, Pa. By ?fg?? s sue, n Deputy"'§heri Sheriff's Costs:$30.00 PD 11/16/2004 RCPT NO 201584 BH COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS Harleysville Insurance Companies TERM, -VS- CASE NO:04-816 Dana L. Andrews NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Dana L. Andrews Loren A. Walmer, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be requested at your expense by contacting our office. Date: ?Jjuij 10i200S k/ Loren A. Walmer, Esquire Attorney for Plaintiff LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES . Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant CERTIFICATE OF SERVICE I, Loren A. Walmer hereby certify that I am this day serving a copy of the Notice of Intent to Serve a Subpoena on a Non- Party Pursuant to Rule 4009.22, by first class, United States mail, postage prepaid to the following, Dana L. Andrews 3737 Logan St. Harrisburg, PA 17110 LAW OFFICES OF RICHARD T. CURLEY, P.C. IK- 10-057 By: ?'z II-. ?.! ?.. _ Richard T. Curley/Atty. I.D. 48157 Loren A. Walmer/Atty. I.D. 87169 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Harleysville Insurance Companies VS. Dana L. Andrews File No. 04-816 SUBPOENA TO PRODUCE DOCUMENTS OR TBI NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Rut ayi of nricar i 'r c' (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all records pertaining to Dana L Andrewc last known address: 3737 Logan St., Harrisburg, PA 17110, including without limitation all biographical information, drivers record, current address, motor vehicle ownership records and correspondence relating to any of the above at-546 Hamilton SL, Ste, 31,,P O.Rox 4375, A]lPntnwn_PA 18105 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Loren A. Walmer, Esq. ADDRESS: 546 l ilean St., Ste. 211, P.O.Box 4375, Allentown, PA 18105 TELEPHONE: (610) 740 6485 SUPREMECOURT ID# 0' u7 ATTORNEY FOR: P tafntrff'-- Date: Seal of the 'Court r ' ?} te ? ? ? r ? ? ` , /-r A t.,, ?-'? ?`'A ??? ? ? " LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Attorneys for Plaintiff: Harleysville Insurance Companies Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff vs. CIVIL ACTION NO. 04-816 DANA L. ANDREWS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Harleysville Insurance Companies, Plaintiff certifies that: 1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3) no objection to the subpoena has been received, and 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: It - \ -05 .. (?. l )I, Richard T. Curley/Attorney I.D. No.: 48157 Loren A. Walmer/Attorney I.D. No.: 87169 LAW OFFICES OF RICHARD T. CURLEY, P.C. By: Richard T. Curley Identification No. 48157 Loren A. Walmer Identification No. 87169 546 Hamilton Street, Suite 211 P.O. Box 4375 Allentown, Pennsylvania 18105-4375 Phone: (610) 740-0485 Fax: (610) 740-0488 Attorneys for Plaintiff: Harleysville Insurance Companies IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff vs. DANA L. ANDREWS Defendant CIVIL ACTION NO. 04-816 CERTIFICATE OF SERVICE I, Loren A. Walmer hereby certify that I am this day serving a copy of the Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, by first class, United States mail, postage prepaid to the following, Dana L. Andrews 630 Radnor Street Harrisburg, PA 17110- 2522 LAW OFFICES OF RICHARD T. CURLEY, P.C. Date: t - 1"O By: b/ Richard T. Curley/Atty. I.D. 48157 Loren A. Walmer/Atty. I.D. 87169 !'?? ? c? 4J? .._ S^ "'3 d ?5 ?_ ^i 1 .a T t tl _??_ _, ..,,'f + ', -??. 1, ??, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HARLEYSVILLE INSURANCE COMPANIES PLAINTIFF VS. NO. 04-816 DANA L. ANDREWS DEFENDANT PRAECIPE FOR WITHDRAWAL OF APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please withdraw the appearance of LOREN A. WALMER, ESQUIRE, AND GROSS, McGINLEY, LaBARRE & EATON, LLP, as Counsel on behalf of the Plaintiff, HARLEYSVILLE INSURANCE COMPANIES. Date: -7 - 3 - y? . a-?" L N A. WALMER, ESQUIRE Attorney I.D. #87169 358 Tupelo Court Allentown, PA 18104-9537 Phone: 610-336-9832 Fax: 610-336-7545 PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please enter the appearance of RICHARD T. CURLEY, ESQUIRE, as Counsel on Behalf of the Plaintiff, HARLEYSVILLE INSURANCE MP S. Date: I. RICHARD T. CURLEY, ESQUIRE Attorney I.D. #48157 50 East Philadelphia Avenue Boyertown, PA 19512 Phone: 610-367-4401 Fax: 610-367-4405 CERTIFICATE OF SERVICE This is to certify that the Praecipe for Withdrawal of Appearance of Loren A. Walmer, Esquire, and Gross, McGinley, LaBarre & Eaton, LLP, as Counsel, and Praecipe for Entry of Appearance of Richard T. Curley, Esquire, as Counsel was mailed by First Class United States mail, postage prepaid, upon the following: DANA L. ANDREws 630 RADNOR STREET HARRISBURG, PA 17110-2522 Date: T.- RICHARD T. CURLEY, ESQUIRE Attorney I.D. #48157 50 East Philadelphia Avenue Boyertown, PA 19512 Phone: 610-367-4401 Fax: 610-367-4405 W:\WDOX\CLIENTS\HARLEY VILLE\0030ANDREW S\00154017.DOC t' ?y ^? C-zl 0 LAW OFFICES OF RICHARD T. CURLEY P.C. By: Richard T. Curley Attorney for Plaintiff Identification No. 48157 50 East Philadelphia Avenue P.O. Box 357 Boyertown, PA 19512 Phone: (610) 367-4401 Telefax: (610) 367-4405 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARLEYSVILLE INSURANCE COMPANIES Plaintiff CIVIL ACTION VS. NO. 04-816 DANA L. ANDREWS Defendant AFFIDIVIT OF MOTOR VEHICLE ACCIDENT I, Richard T. Curley, attorney for Plaintiff, being duly sworn according to law, deposes and says that he is authorized to make this Affidavit on behalf of Plaintiff. Deponent avers that this civil action is a result of a motor vehicle accident that occurred on October 14, 2002, between the Plaintiff's insured and the Defendant, in Cumberland County. Deponent also avers that a Judgment was entered against Defendant on January 25, 2005, in the amount of $7,285.94 plus $307.65 in costs. Affirmed to and subscribed before me this day of 2007. ? Z? Richard T. Curley NRjPjblT-t5epu? Prothonotary M mission expires: NOTARIAL SEAL MARY I EDWARDS, Notary Public Boyertown Boro, Berks County My Commission Expires 5.6.2008 _ 1 UN r ! C . .. - cS