HomeMy WebLinkAbout09-3065G
Brian J. Walker, Esquire
Hennessy & Walker Group, P.C.
142 W. Market Street
West Chester, PA 19382
610-431-2727
Attorney I.D. 71927
Attorney for Plaintiffs
State Farm Mutual Automobile Insurance Company A/S/O
Natasha L Cressler :In The Court of Common Pleas
P O Box 2373
Bloomington, IL 61702
VS
Kelly Spence-Price
1760 Shrivers Corner RD Lot 183
Gettysburg, PA 17325
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
32 S. Bedford St.
Carlisle, PA 17013
717-249-3166
800-990-9108
:Cumberland County, Pennsylvania
:Civil Action Law
No: Of- 3UUS Civi' I 1f IM,
AVISO
Le ban demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las piiginas
siguientes, usted tiene veinte (20) dies de plazo ai partir
de la fecha de la demanda y la notification. Hace faita
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defenses o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisions de esta
demanda. Usted puede perdee dinero o sus propiedades
u otros derechos importantes para usted.
Lleva esta demanda a un abogado inmediatamente. Si
no dene abogado o sl no dene el dinero su,/Mente de
pagar tal serviclo. Vaya en persona o llame por
teldfono a la ojlclna cuya direccion se encuentra
encuentra escrita abojo para averiguar ddnde se puede
conseguir asistencla legal.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
717-249-3166
800-990-9108
Brian J. Walker, Esquire
Hennessy & Walker Group, P.C.
142 W. Market Street
West Chester, PA 19382
610-431-2727
Attorney I.D. 71927
Attorney for Plaintiffs
State Farm Mutual Automobile Insurance Company A/S/O
Natasha L Cressler :In The Court of Common Pleas
P O Box 2373
Bloomington, IL 61702 :Cumberland County, Pennsylvania
VS
Kelly Spence-Price
1760 Shrivers Corner RD Lot 183
Gettysburg, PA 17325
:Civil Action Law
. No: Q % - -:?0 4 S7
COMPLAINT
1) Plaintiff State Farm Mutual Auto is an insurance carrier licensed and
authorized to conduct business in the Commonwealth of Pennsylvania and
having as one of its principal places of business the above captioned address.
2) Natasha L Cressler an adult individual insured with Plaintiff State Farm
Mutual Auto on 05/22/2007.
3) Defendant Kelly Spence-Price is an adult individual residing at the above
captioned address.
4) On or about 05/22/2007, Plaintiff State Farm Mutual Auto insured Natasha L
Cressler with personal automobile policy, claim number 38 L233 686---- said
policy covering a -2005 Honda and carrying with same, collision coverages.
5) On or about 05/22/2007 at or near the intersection of 540 Baltimore Pike, Mt
Holly Springs, Cumberland County, PA, Defendant Kelly Spence-Price while
operating a 2000 Pontiac bearing PA tag P241,79 did negligently or
recklessly strike/collide into Plaintiffs insured's 2005 Honda- causing
damages to same in the amount of $5,200.46.
6) The negligence of the Defendant consisted of:
a) failing to yield right of way;
b) being inattentive;
c) striking another motor vehicle lawfully upon the roadway;
d) failing to give due regard to the rights, safety point and position of
Plaintiffs insured's vehicle;
e) failing to maintain control of said vehicle so as to be able to stop within
the assured clear distances ahead;
f) improper turning methods,
g) failing to give proper signal
h) improper methods of passing
i) following too closely:
j) other such negligence that may be developed through continuing
discovery and trial of this matter.
7) The aforesaid collision resulted solely from the negligent acts and/or failure to
act on part of Defendant named herein and was due in no manner whatsoever
to any act and/or failure to act on part of Plaintiffs insured.
8) As a result of the aforesaid collision, Plaintiff State Farm Mutual Auto settled
the collision claim of Natasha L Cressler in the amount of $5,200.46 (said
figure includes the first party deductible) representing fair and reasonable
reimbursement for the damages sustained.
9) Pursuant to the aforesaid policy of insurance, State Farm Mutual Auto is
subrogated to Natasha L Cressler for this loss.
WHEREFORE, Plaintiffs demand judgment against the Defendant in the
amount of $5,200.46 together plus costs, interest and such other relief this Court
finds equitable and just.
/al 4 'h J 61 A
Brian J. W {er, Esquire
Hennessy& Walker
SUM-10722-PA
r7
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CHESTER : ss
The undersigned verifies that the facts contained herein are true and correct.
The undersigned understands that false statements herein are made subject to the
penalties of 19 Pa. C.S. Section 4904, relating to unworn falsification to
authorities.
If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said
Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her
own behalf within the time allotted for filing of this pleading, and the facts set forth
in the foregoing pleading are true and correct to the best of counsel's knowledge,
information and belief.
This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews,
conferences, reports, records and other investigative material in the file
Brian J. er, Esq.
Hennessy & Walker Group, P.C.
Dated:
(2?)
FlLE?C?t=? '];;E
OF THE PIP
2009 MAY 14 AM 10: 2 b
CUM . N-TY
..
Sheriffs Office of Cumberland County
R Thomas Kline ~'E_~'' . , .,
Sheri -
Ronny R Anderson ~°~~~ rt't'~A -^~ ~~ ~ ~ ~ 1 1
~.
Chief Deputy ~ -`" '~ ~ ~ t~,, t
~~.~ ~~~. w~~ ~C; 9 ~_~~ 4 i 1, ~ :. a~
Jody S Smith ~ `j ' ~ ,E
Civil Process Sergeant s~o~4cE r F -mss s-~R~FF ~: ~ ~ '° ~
Edward L Schorpp r ,;~~.; , ~ ` ',`~.~ is ~+
Solicitor
State Farm Mutual Automobile Ins. Co.
vs. Case Number
Kelly Spence-Price 2009-3065
SHERIFF'S RETURN OF SERVICE
05/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Kelly Spence-Price, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Adams County, PA to serve the within Complaint and
Notice according to law.
05/28/2009 Adams County Return: And now, May 28, 2009 I, James W. Muller, Sheriff of Adams County,
Pennsylvania, do hereby certify and return, that I madle diligent search and inquiry for Kelly Spence-Price
the defendant named in the within Complaint and that I am unable to find her in the County of Adams and
therefore return same NOT FOUND.
SHERIFF COST: $37.00
July 15, 2009
SO ANSWERS,
.5~~. `~
~d~` THOMAS KLINE, SHERIFF
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTY'SBURG, PA 17325
DATE PROCESSED
N/STRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the Isst (No. 5) copy of this form. Please
PROCESS RECEIPT, end AFFIDAVIT OF RETURN ~ ~' p' ~ ' A~ ~~ a0 espies'
1. PLAINTIFFS! 2. COURT NUMBER
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY _ 09-3065 Civil Term
3. DEFENDANTlS1 4. 'TYPE OF WRIT OR COMPLAINT:
KFfTY SPFNCE-PRICE omplaint in Civil Action
sERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCR{PTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
Kelly Spence-Price
8. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT 1760 Sbrivers Corner Rd., Lot #183, Gettysburg, PA 17325
7. INDICATE UNUSUAL SERVICE: ^ PERSONAL ^ PERSON IN CHARGE ^ DEPUTIZE ^ 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.
SHERIFF OF ADAMS tmuNTr
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriri levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriri's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behaH of: 10. TELEPHONE NUMBER 11. DATE
Brian J. Walker, Esq. ^ oEFIENDANr (610) 431-2727
~lrAfwC ~GLV1ry rVn Y~7G yr ~7r7GRIF-r vi1~L^ ~ vv ~~ ~ trln~ t G v~wtrtr ~ ns.a s.m~
12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and TNIe 13. Date Received 14. Expiration / date
or complaint as indicated alxwe. 5/15/2009 JUI~ 13. 2009
15. I hereby CERTIFY and RETURN that I ^ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse)
^ have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handinglor Posting a TRUE and ATTESTED COPY therof.
,ta ~ t herehv rerfifii wnrl rwrurn a NOT FOUND because I am unable to locate the individual- COmpanv. corporation. etc.. named above. fSee remarks below)
17. Name and title of individual served 1a. A person of suileble ape and discretion Read Order
then residirp in Me dstendeid's usual
^
piece w ebods. ^
19. Address of where served (complete oMy if different than shown shove) (Street or RFD, Apartment No., City, Boro, Twp., 20. Oats of Service 21. Time
State and ZIP CODS
RF1r1ARILS: Def. does not reside at tt-e above listed address. The current nts s ted tt)at tY-e
have resided there for the last 2 years ~ don't know where the defendant y be.
22. ATTEMPTS Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Osp.lnt. Date Mites Oep.lnt.
23. Advance Coats 24. 25. 28. 27. Total Costs 28. t~~~ REFUND
x.00 19.85 Pd. 7j14j09 130.15 Ck. #20498
AFFIRMED and subscribed to before me
day
ay iS6iliQi DeD. sn«im (Pleas Print a Type) Date
Jeremy Becker 5/
Signature of ShsrNf Date
SHERIFF OF ADAMS COUNTY
I ACICNOWLEDCiE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I ~ 39. Date Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
A
PROTHONOTARY
SHERIFF'S RETURN OF SERVICE
{ ) (1) The within
upon ,the within named
defendant by mailing to
by mail, return receipt requested, postage
prepaid, on the
a true and attested copy thereof at
The return receipt signed by
defendant on the
made a part of this return.
(2) Outside the Commonwealth, pursuant to Pa.
and attested copy thereof at
in the following manner:
(a) 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 return.
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 certify that after fifteen (15) days from the mailing date, 1 have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
(3) 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 Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
(4) By mailing to
by mail, return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached.
(5) Other
is hereto attached and
R.C.P. 405 (c) (1) (2), by mailing a true
In The Court of Common Pleas of Cumberland County, Pennsylvania
State Farm Mutual Automobile Insurance Co.
,„
vs. , .
;.
,v: ,
Kelly Spence-Price : ; ,
1760 Shrivers .Corner Road, Lot 183. _ ~ _ _ . :.
Gettysburg, PA 17325
Civil No. 2009-3065
Now, May 14, 2009, 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 Ca~unty, PA
Now,
within
upon
at
by handing to
a
and made known to
Affidavit of Service
20 , at o'clock M, served the
So answers,
Sworn and subscribed before
me this day of ,20
the contents thereof.
~nentt or
COSTS
SERVICE $
MILEAGE_
AFFIDAVIT
County, PA
copy of the original