Loading...
HomeMy WebLinkAbout05-3048File #04-05-342 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 DANIEL THUMMA IN CIVIL ACTION 43 West Louther Street Carlisle, PA 17013 NO. p5 - Jow" vs. JESSE J. HARRELL, JR. 147 North Pitt Street Carlisle, PA 17013 And AURRASOLAN 147 North Pitt Street Carlisle, PA 17013 NOTICE TO DEFEND l- r u t l_, rs ?-ri 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 or any other claim or relief requested by the Plaintiff. You may lose money or property 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 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 ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court of Common Pleas Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 File 404-05-342 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. NO: 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DANIEL THUMMA 43 West Louther Street Carlisle, PA 17013 VS. JESSE J. HARRELL, JR. 147 North Pitt Street Carlisle, PA 17013 And AURRASOLAN 147 North Pitt Street Carlisle, PA 17013 IN CIVIL ACTION COMPLAINT Motor Vehicle Property Damage 2. 3. Plaintiff is an adult individual who at all times pertinent hereto resided at the above- captioned address. Defendant, Jesse J. Harrell, Jr., is an adult individual and was the owner of the motor vehicle involved in this incident and at all relevant times resided at the above captioned address. Defendant, Aurra Solan, is an adult individual and at all times pertinent hereto resided at the above-captioned address and was the operator of the Defendant owner's motor vehicle and did so as an agent, servant, workman or employee on the behalf of the owner. 4. On November 15, 2003, a motor vehicle owned by the Plaintiff, hereafter the Plaintiff's vehicle, was involved in an incident with Defendants. 5. On the aforesaid date, the Plaintiff's vehicle was legally parked in a parking lot located at 35 West Louther Street in Carlisle, Pennsylvania, when the Defendant, who was traveling in this parking lot, lost control of their vehicle, struck and pushed a parked vehicle into the Plaintiff's vehicle, which pushed the Plaintiff's vehicle into a vehicle that was in front of the Plaintiff's vehicle causing damage. 6. Defendant operator 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 of Pennsylvania. Due to this incident, expenses were incurred for damage to the Plaintiffs vehicle, towing, storage and car rental totaling $5,606.75. COUNTI PLAINTIFF vs. AURRA SOLAN 8. Plaintiff incorporates paragraphs 1 through 7 inclusive as if fully set forth at length herein. 9. Defendant is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $5,606.75 plus interest and costs of suit. COUNT II PLAINTIFF vs. JESSE J. HARRELL, JR. 10. Plaintiff incorporates paragraph 1 through 9 inclusive as if fully set forth at length herein. 11. Defendant owner is liable under the Doctrine of Respondent Superior for the negligence of the Defendant operator. 12. Defendant owner was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced or careless motor vehicle operator. WHEREFORE, Plaintiff demands judgment for $5,606.75 plus interest and costs of suit. TEWART C. CRAWF E DIRE 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 falsifications to authorities. Date: k 7 TEWART C. C W RD, ESQUIRE Attorney for Plaintiff N CV) ? V -•n-y t?`y11 „! s tY+ File #04-05-342 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 DANIEL THUMMA 43 West Louther Street Varlisle, PA 17013 IN CIVIL ACTION NO.: 05-3048 Civil Term VS. JESSE J. HARRELL, JR. 147 North Pitt Street Carlisle, PA 17013 and AURRASOLAN 147 North Pitt Street Carlisle, PA 17013 TO THE PROTHONOTARY: PRAECIPE TO AMEND Please amend the caption so that Defendant Aurra Solan is now listed as Audra S. Slone. STEWART C. CRAWFORD, ESQUIRE Attorney for Plaintiff Dated: ??z??5 N 01 A File 404-05-342 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 DANIEL THUMMA 43 West Louther Street Carlisle, PA 17013 IN CIVIL ACTION NO.: 05-3048 Civil Term vs. JESSE J. HARRELL, JR. 147 North Pitt Street Carlisle, PA 17013 and AUDRA S. SLONE 147 North Pitt Street Carlisle, PA 17013 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this Complaint an additional thirty (30) days. q i nit ,° STEWART C. CRAWFORD, ESQ IR Attorney for Plaintiff Dated: ??? 9/ 06SJ C') o G ?- o TI : I J ?_1 co SHERIFF'S RETURN - REGULAR CASE NO: 2005-03048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA DANIEL VS HARRELL JESSE J JR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SLONE AUDRA was served upon the DEFENDANT , at 1120:00 HOURS, on the loth day of September, 2005 at 147 NORTH PITT STREET CARLISLE, PA 17013 AUDRA SLONE by handing to 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 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 So Answers: R. Thomas Kline 09/12/2005 STEWART CRAWFORD Sworn and Subscribed to before By: me this ( day of 1- A. D. 04-05-342 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. #09827 223 North Monroe Street Attorney for Plaintiff P.O. Box E Media, Pennsylvania 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL THUMMA NO. 05-3048 V. JESSE J. HARRELL, JR. IN CIVIL ACTION & AUDRA S. SLONE 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) JESSE J. HARRELL, JR.& AUDRA S. SLONE in the amount of $5,606.75 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 Co , I sent Notice to Defendant of intent to take Default. See attached. Stewart C. Crawford, E uire Attorney for Plaintiff I.D. #09827 ENTRY OF DEFAULT JUDGMENT - AND NOW, to wit, this.V+day of ? && , 2005 a Default Judgment is entered as above, namely in favor of the Plaintiff and against the Defendant. TH OTARY 04-05-342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DANIEL THUMMA : NO. 05-3048 V. JESSE J. HARRELL, JR. IN CIVIL ACTION & AUDRA S. SLONE AFFIDAVIT UNDER SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 AS AMENDED STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND : Stewart C. Crawford, Esquire, being duly sworn according to the law that JESSE J. HARRELL, JR. & AUDRA S. SLONE 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. S ewart C. Crawford, Es ire Attorney for Plaintiff #09827 Sworn to and subsc?,bed Before me this -?:?7 day Of2lcV.11&41 2005. di TARY `VMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN E HOST Notary Public Media Bono Delaware County `AComm ssion Expires May 1I -- 04-05-342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DANIEL THUMMA NO. 05-3048 V. JESSE J. HARRELL, JR. IN CIVIL ACTION & AUDRA S. SLONE AFFIDAVIT OF MAILING NOTICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Stewart C. Crawford, Esquire, being duly sworn according to law, deposes and says that he is attorney for Plaintiff and that on November 9, 2005 he sent by certified mail, return receipt requested, to the Defendant(S) JESSE J. HARRELL, JR. & AUDRA S. SLONE the repair estimate, together with a notice that damages would be assessed on or after November 23, 2005 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 Subscrib9d Before me t)ris !` ?? ay _ (70MM0` N-?TM OF PENNSYLV NOTARfAI. SEAL SUSAN E HOST Nof?ry auk Ca?+risa?ron E?leware Cqu Aires M r? Of t??'?.,?"%?005. ARY ewart C. Crawford, E quire Attorney for Plaintiff(s) 04-05-342 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DANIEL THUMMA IN CIVIL ACTION vs. JESSE J. HARRELL, JR. : NO: 05-3048 AUDRA S. SLONE TO: AUDRA S. SLONE 147 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 11, 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 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 Lawyer Referral Service Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 STEWART C. CRAWFORD, ESQ. Attorney for Plaintiff(s) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA DANIEL VS HARRELL JESSE J JR ET AL BRIAN BARRICK x1461- 2 , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SLONE AUDRA the DEFENDANT at 1120:00 HOURS, on the 10th day of September, 2005 at 147 NORTH PITT STREET CARLISLE, PA 170 by handing to AUDRA SLONE 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 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 So Answers R. Thomas Kline 09/12/2005 STEWART CRAWFORD Sworn and Subscribed to before By: me this day of A. D. Prothonotary 04-05-342 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DANIEL THUMMA IN CIVIL ACTION vs. JESSE J. HARRELL, JR. NO: 05-3048 Civil Term & AUDRA S. SLONE TO: JESSE J. HARRELL, JR. 147 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 10, 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 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 Lawyer Referral Service Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 STEWART C. CRAWFORD, ESQ. Attorney for Plaintiff(s) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA DANIEL VS HARRELL JESSE J JR ET AL BRYAN WARD a?4?-? ©s SF ?45? /'jUhn??,!/ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRELL JESSE J JR the DEFENDANT , at 2030:00 HOURS, on the 15th day of June , 2005 at 147 NORTH PITT STREET CARLISLE, PA 17013 by handing to JESSE HARRELL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline l1 06/20/2005 STEWART CRAWFORD By: De ty Sheriff Prothonotary 71 04-05-342 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. #09827 223 North Monroe Street Attorney for Plaintiff P.O. Box E Media, Pennsylvania 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL THUMMA NO. 05-3048 V. JESSE J. HARRELL, JR. & AUDRA S. SLONE IN CIVIL ACTION NOTICE Pursuant to Rule of Civil Procedure No. 236, Notice is given that a Default Judgment and Assess me t of Damages in the above-captioned matter has been entered against you on V ,? 500,5 PR THONOT Y 04-05-342jmvg LAW OFFICE OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY I.D. #09827 223 North Monroe Street P.O. Box E Media, Pennsylvania 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DANIEL THUMMA : No. 05-3048 VS. JESSE J. HARRELL, JR. CIVIL ACTION & AUDRA S. SLONE STIPULATION TO RE-INSTATE DRIVING PRIVILEGES TO THE PROTHONOTARY: It is hereby STIPULATED by the parties through the undersigned that the driving privileges of JESSE J. HARRELL be reinstated and remain so as long as Defendant abides by the terms of the attached Conditional Release. If the Defendant fails to keep payments up to date, his driving privileges will then be suspended. /. STEWART C. CRAWFORD, ESQ I E a J. HARMMUT, JR. f-T Attorney for Plaintiff a7 'sr i K. SEp - n, 1 f Z?p? l THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY ' INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RE: STATE FARM A/S/O THUMMA VS. HARRELL OUR FILE# 04-05-342 CT# 05-3048 CONDITIONAL RELEASE WHEREAS JESSE J. HARRELL, JR. (hereinafter referred to as Defendant(s) of 147 NORTH PITT STREET, CARLISLE, PA 17013, is indebted to STATE FARM INSURANCE COMPANY (hereinafter referred to as Plaintiff(s)) in the sum of $5,606.75 full indebtedness sum) because of damages negligently caused to the Plaintiff and/or Plaintiff's insured(s) on or about NOVEMBER 15, 2003 at or near 3 35 WEST LOUTHER STREET, CARLISLE, PA. WHEREAS the Safety Responsibility Division of the Department of Transportation of the Commonwealth of Pennsylvania has revoked the operating privileges of the said Defendant(s) and WHEREAS Plaintiff is willing to accept payments of the said indebtedness in monthly installments. NOW, THEREFORE, it is agreed by and between Plaintiff and Defendant (s) that for and in consideration of the sum of $5,606.75 receipt whereof is hereby acknowledged, and in consideration of the payment of $50.00 between the first and last day of each month after the date hereof until the sum of $5,606.75 shall have been paid, Plaintiff has released Defendant(s) from any and all responsibility arising out of a collision of a motor vehicle owned and/or operated by Defendant(s) and damages sustained by Plaintiff. In the event that Defendant should fail in making payments as set forth above, the entire unpaid balance of the Settlement Sum shall immediately become due and owing at the option of the Plaintiff, who explicitly reserves the right to continue prosecution of its claim/enforcement of its Judgment for the aforementioned full indebtedness sum in lieu of enforcement of the Settlement Agreement recited in the preceding paragraph. IN WITNESS whereof, the parties sea is _ day T SS hereunto have set their hand and of 2006 S J. HAR L R. E OF BIRTH -3gg T-VWTVER LICENSE# 17-Oc5 I/ HONE NUMBER ***IF YOU DEFAULT ON THIS AGREEMENT, YOU WILL BE RESPONSIBLE FOR THE FULL BALANCE PLUS 6% INTEREST CALCULATED FROM DATE OF ENTRY OF JUDGMENT. IF YOUR PAYMENT IS NOT RECEIVED BY THE END OF EACH MONTH THERE IS A $5.00 LATE CHARGE, $10.00 MISSED PAYMENT CHARGE AND $25.00 CHARGE FOR EACH BOUNCED CHECK. THIS WILL BE CALCULATED EACH AND EVERY MONTH AND ALL CHARGES MUST BE PAID IN FULL BEFORE CASE CAN BE CONCLUDED. °.+ ? ?? ?? ?- File #04-95-342\djh 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 DANIEL THUMMA VS. JESSE J. HARRELL, JR. & AUDRA S. SLONE TO THE PROTHONOTARY: : NO. 05-3048 : IN CIVIL ACTION ORDER TO SATISFY Kindly mark the judgment SATISFIED, upon payment of your cost only. As to JESSE J. HARRELL, JR., only. TEWART C. CRA O , ESQ Attorney for Plaintiff CF V, 06 I)d - d?o' e4414