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HomeMy WebLinkAbout04-4391File #04-04-310 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford ATTORNEY I.D.: 09827 223 North Monroe Street P.O. Box E Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o IN CIVIL ACTION Gregory Bressler 309 Lakeside Drive, Suite 100 Horsham, PA 19044 NO: Oy - .C/,?ql C1IVLM VS. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 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 an 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CANNOT 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 ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File # 04-04-310 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street P.O. Box E Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o IN CIVIL ACTION Gregory Bressler 309 Lakeside Drive, Suite 100 Horsham, PA 19044 NO:` ?39? l GU?? I F/1. l VS. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 COMPLAINT 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above captioned address. 2. Defendant Kaila Thomas is an adult individual and was the owner of the motor vehicle involved in this accident on February 18, 2004 and at all times pertinent hereto resided at the above-captioned address. 3. Defendant Latia Harris-Thomas is an adult individual and at all times pertinent hereto resided at the above captioned address and was the operator of Defendant owner's motor vehicle and did so as an agent, servant, workman or employee on behalf of the owner. 4. On February 18, 2004, a motor vehicle insured by the Plaintiff, hereafter the insured vehicle, was involved in an incident with Defendants. 5. On the aforesaid date, the insured vehicle was traveling on Fourth Street to turn left into their driveway in Summerdale, Pennsylvania, when the Defendant, who was traveling behind the insured vehicle, attempted to pass the insured vehicle on the left side, sideswiping and damaging the insured vehicle. 6. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant: (a). Operated the vehicle at an unsafe rate of speed; (b). was inattentive; (c). failed to make proper observation; (d). violated local laws and the laws of the Commonwealth. 7. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for damages that arose out of this incident. 8. Due to this incident, expenses were incurred for damage to the insured vehicle, towing, storage and car rental. 9. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $2,516.51. COUNTI PLAINTIFF vs. LATIA HARRIS-THOMAS 10. Plaintiff incorporates paragraphs 1 through 9 inclusive as if fully set forth at length herein. 11. Defendant is liable as the negligent driver. 12. Defendant is liable for failing to stop at the intersection. WHEREFORE, Plaintiff demands judgment for $2,516.51 plus interest and costs of suit. COUNT II PLAINTIFF vs. KEILA THOMAS 13. Plaintiff incorporates paragraphs 1 through 12 inclusive as if fully set forth at length herein. 14. Defendant is liable under the Doctrine of Respondent Superior for the negligence of Defendant driver. 15. Defendant was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced or careless with a motor vehicle. WHEREFORE, Plaintiff demands judgment for $2,516.51 plus interest and costs of suit. ?? ?tLc.p?af0? v9 STEWART C. CRAWFORD, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. STEWART C. CRAWFORD, ESQUIRE Attorney for Plantiff C-Ij n'( V -ri SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04391 P COMMONTWEALTH OF' PENNSYLVANIA COUNTY OF CUMBERLAND ALLSTATE INSURANCE CO ET AL VS THOMAS KEILA ET AL 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 THOMAS LATIA HARRIS unable to locate Her in his bailiwick COMPLAINT & NOTICE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT 325 LIBERTY COURT MECHANICSBURG, PA 17050 , THOMAS LATIA HARRIS DEFENDANT'S NEW ADDRESS IS 5579 NW COMMODORE TERRACE PORT SAINT LUCIE, FL 34983-2304. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 21.00 STEWART CRAWFORD 09/15/2004 Sworn and subscribed to before me this -) I A-4- day of AW1-( A. D. ?4, aryl?. Pro n ot SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04391 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLSTATE INSURANCE CO ET AL VS THOMAS KEILA ET AL 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 THOMAS KEILA but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , THOMAS KEILA 325 LIBERTY COURT MECHANICSBURG, PA 17050 DEFENDANT'S NEW ADDRESS IS 5579 NW COMMODORE TERRACE PORT SAINT LUCIE, FL 34983-2304. Sheriff's Costs: So answer Docketing 18.00 6 Service 7.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 40.40 STEWART CRAWFORD 09/15/2004 Sworn and subscribed to before me this ?I AJ- day of A ,- ,;ZftY A.D. Prow y)' " Y'' 404-04-310 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street P.O. Box E Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o CIVIL ACTION Gregory Bressler 309 Lakeside Drive, Suite 100 NO.: 04-4391 Civil Term Horsham, PA 19044 VS. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this complaint an additional thirty (30) days. STEWART C. CRAWFORD Attorney for Plaintiff Dated: /O/ll9/ 7 #04-04-310 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street P.O. Box E Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o CIVIL ACTION Gregory Bressler 309 Lakeside Drive, Suite 100 NO.: 04-4391 Civil Term Horsham, PA 19044 VS. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this Complaint an additional thirty (30) days. sTEWART C. CRAWFORD, ESQU R Attorney for Plaintiff Dated: _;?VJA 5 File #04-04-310 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY I.D. # 09827 223 North Monroe Street Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o Gregory Bressler 309 Lakeside Drive, Suite 100 Horsham, PA 19044 vs. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 IN CIVIL ACTION NO.: 04-4391 Civil Term CERTIFICATE OF SERVICE 1, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant Keila Thomas by certified mail 47004 2890 0003 9719 2245, Return Receipt Requested on March 1, 2005. A copy of the documents is attached hereto. Ms. Keila Thomas 5579 NW Commodore Terrace Port Saint Lucie, FL 34983-2304 DATE STEWART C. CRAWFORD' Attorney for Plaintiff D C C ,6jr ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpic-ce, or on the front it space permits. 1. Article Addressed to: Ms. Keila Thomas 5579 NW Commodore Terrace c ' + ?r 34983-2304 ni ' I . A. Signature ? Agent x ? Addressee E. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from hen 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes N 7004 2890 0003 9719 2245 a f r? ''? _ 102595-02-M-154e ?Domestic Return Receipt D- P tega $ A- ?v R1 Certified Fee Pcsinr.,n. 9 r 1 ea ?? r1 Return Receipt F i Here O (Endorsement Required) :'..v [17 63? Z? Restricted Delivery Fee C7, 1O) ?? O E= Rest nl zl- ? s 0 49 "M ,.JI t , rsemeM Repaired) ( - fL fU 1 1, , co & Fees \?O `d r -u -- ? Total Postage sent In Thomas it IT, 'q r, a ,? 6 a l l r F - o a Ms. Ke C3 Terrace d D? Er ...... $? - ®-- ore r s;:eei; arif a 5579 NW Commo Foseage orFO9"NO st?:zrPortSaintLucie,FL 34983-2304 " m n-i cenrlcdFee s ci 0 o J • 0 C3 o I] d___ aree, rfi Return nerd^,t Fea (Enec?seinant Required) }lur O I] Ae it t d C ,1 Fe; p- 6' F ,, {£nt.a n i tF qurrett; ? no ru lots] Pastaga & rev 3r 0 o assn Ms Keila Thomas o a . i r __ ?tree;,Apt 5579 NW Commodore Terrace or PO 9mrNc Sfy;"swt?; zl Port Saint Lucie, FL 34983-2304 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIvEpy ¦ Complete hems 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired . ¦ Print your name and address on the reverse so th t _ x ? 9 a we can return the card to you dressee . ¦ Attach this card to the back of the mailpi or th ece, a.- eivetl b (print me) C. Date of livery on e front if space permits. 1. Artice Addressed to: D. Is delivery address different from hem 17 ? as If YES, enter delivery address below: ? No Ms. Keila Thomas 5579 NW Commodore Terrace Port Saint Lucie, FL 34983-2304 2. Article Number (Transfer iron service fabeL PS Form 3811, February 2004 3. Service Type b(Certifiled Mall ? Empress Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7004 2890 0003 9719 2245 Domestic Return Receipt 102595-02-M-1540 USPS - Track & Confirm UNlTEDST TES r xSTAL SERVII( vt Page 1 of 1 Track & Confirm Current Status You entered 7004 2890 0003 9719 2245 Your item was delivered at 2:50 pm on March 01, 2005 in PORT SAINT LUCIE, FL 34983. Notification Options i Sh+prrnamr flat5ils> `. Track & Confirm Enter label number: I Track & Confirm FAQs ? Track & Confirm by email what is this? G"' POSTAL. INSPECTORS site map contact us government services Preserving the Trust Copyright ©1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkenfrml.smi.usps.com/netdata-egi/db2www/cbd 243.d2w/output 03/04/2005 _> 04-04-310 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #09827 223 NORTH MONROE STREET P.O. BOX E MEDIA, PENNSYLVANIA 19063 TELEPHONE: (610) 565-7050 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY a/s/o GREGORY BRESSLER NO.: 04-4391 V. KEILA THOMAS LATIA HARRIS-THOMAS IN CIVIL ACTION PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter a Default Judgment in favor of the Plaintiff and against the Defendant(s) KEILA THOMAS in the amount of $2,516.51 for failure to Answer the Complaint in Civil Action within twenty (20) days from the date of service. I hereby certify that pursuant to Local Rule of Court, I sent Notice to Defendant of intent to take Default. See attached. 0 4 Stewart C. Crawford, Esquire Attorney for Plaintiff I.D. #09827 ENTRY OF DEFAULT JUDGMENT AND NOW, to wit, this:tn'day of , 2007 a Default Judgment is entered as above, namely in favor of the Plaintiff and against the Defendant. P STAR 04-04-310 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #09827 223 NORTH MONROE STREET P.O. BOX E MEDIA, PENNSYLVANIA 19063 TELEPHONE: (610) 565-7050 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY NO.: 04-4391 a/s/o GREGORY BRESSLER V. KEILA THOMAS LATIA HARRIS-THOMAS IN CIVIL ACTION NOTICE Pursuant to Rule of Civil Procedure No. 236, Notice is given that a Default Judgment and Assessment of Damages in the above-captioned matter has been entered , against you on V% fk P THON6 04-04-310 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALLSTATE INSURANCE COMPANY NO.: 04-4391 a/s/o GREGORY BRESSLER V. KEILA THOMAS LATIA HARRIS-THOMAS IN CIVIL ACTION AFFIDAVIT UNDER SOLDIERS'AND SAILORS CIVIL RELIEF ACT OF 1940 AS AMENDED STATE OF PENNSYLVANIA : COUNTY OF DELAWARE : SS Stewart C. Crawford, Esquire, being duly sworn according to the law that KEILA THOMAS is/are not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; that said Defendant(s) is/are over 18 years of age and is/are employed. Sg;W,,Uyy1A Stewart C. Crawford, Esquire Attorney for Plaintiff #09827 Sworn to and subscribed Before me this 1o7IW- day Of 6?. 2007. MOeCOMP40N WEALT`_PENNSYLVANIA EGWA M VALLEITTI, NoGy Pubic ia oro.. Delaware County mmission Expires Februa 4, 2010 04-04-310 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALLSTATE INSURANCE COMPANY NO.: 04-4391 a/s/o GREGORY BRESSLER V. KEILA THOMAS LATIA HARRIS-THOMAS IN CIVIL ACTION AFFIDA VIT OF MAILING NOTICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DELAWARE Stewart C. Crawford, Esquire, being duly sworn according to law, deposes and says that he is attorney for Plaintiff and that on March 20, 2007 he sent by certified mail, return receipt requested, to the Defendant(S) KEILA THOMAS the repair estimate, together with a notice that damages would be assessed on or after March 30, 2007 in the amount of the repair estimate unless prior to that date the Defendant(s) had, by written Praecipe, filed with the Prothonotary a request for trial on the issue of damages. Sworn to and Subscribed Before me this 1,(A day Of t36-"I, 2007. OTARY COMMONWEALTH OF PFNNSYLVAWA NOTARIAL S GINA M VALLETTI. NottaLry ubp he Media Boro :, Delaware CaurTtyr ??ly! Commissron Expires Febnia 4, 2010 IXLAk Stewart C. Crawford, Esquire Attorney for Plaintiff(s) 04-04-310 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street Media, PA 19063 Telephone: (610) 565-7050 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW ALLSTATE INSURANCE COMPANY a/s/o GREGORY BRESSLER IN CIVIL ACTION VS. KEILA THOMAS NO: 04-4391 LATIA HARRIS-THOMAS TO: KEILA THOMAS 5579 NW COMMODORE TERRACE PORT SAINT LUCIE, FL 34983-2304 DATE OF NOTICE: MARCH 23, 2005 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within Ten (10) Days from the date of this notice, a Judgment will be entered against you without a hearing and you may lose property or other important rights. You should take this notice to a lawyer a`. 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 Lawyer Referral Service Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 ST ART F , IS Q. Attorney for Plaintiff(s) File #04-04-310 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY I.D. # 09827 223 North Monroe Street Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o Gregory Bressler 309 Lakeside Drive, Suite 100 Horsham, PA 19044 vs. Keila Thomas 325 Liberty Court Mechanicsburg, PA 17050 and Latia Harris-Thomas 325 Liberty Court Mechanicsburg, PA 17050 IN CIVIL ACTION NO.: 04-4391 Civil Term c n y ? .., f7 - =; - "r -- t rn r.: CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant Keila Thomas by certified mail #7004 2890 0003 9719 2245, Return Receipt Requested on March 1, 2005. A copy of the documents is attached hereto. Ms. Keila Thomas 5579 NW Commodore Terrace Port Saint Lucie, FL 34983-2304 7 DATE STEWART C. CRAWFORD Attorney for Plaintiff N? w File #04-04-310\djh LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY I.D. #09927 223 North Monroe Street P.O. BOX E Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY : NO. 04-4391 A/S/O GREGORY BRESSLER VS. KEILA THOMAS : IN CIVIL ACTION LATIA HARRIS-THOMAS ORDER TO SATISFY TO THE PROTHONOTARY: Kindly mark the judgment SATISFIED, as to Keila Thomas ONLY, upon payment of your cost only. i t' _? c_ STEWART C. CRA ??" Attorney for Plaintiff P? lr n?c g W 4 i r 4