HomeMy WebLinkAbout06-3380IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. n1 -.??Pl? ( cam l
Civil Action - ( X) Law
( ) Equity
STATE FARM INSURANCE
COMPANIES
P.O. Box 2371
Bloomington, IL 61702
Plaintiff(s) &
Addresses
Defendant(s) &
Addresses
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue a Writ of Summons in the above-captioned action.
X Writ of Summons shall be issued and forwarded to ( )Attorney ( X )Sheriff
Kathryn L. Wix. Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg. PA 17109
(717) 652-8455
versus
Signature of Attorney
Supreme Court ID No. 92944
Date: (p}I`E(pu
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
COMMENCED AN ACTION AGAINST YOU.
of ono ary
Richard Adams
24 Big Spring Terrace
Newville, PA 17241
i n
Dates G2 ty ?
eputy
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03380 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM INSURANCE CO
VS
ADAMS RICHARD
SHARON LANTZ
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
ADAMS RICHARD
the
DEFENDANT , at 1938:00 HOURS, on the 30th day of June 2006
at 24 BIG SPRING TERRACE
NEWVILLE. PA 17241
RICHARD ADAMS
by handing to
, Sheriff or Deputy Sheriff of
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
4-
Sworn and Subscibed to
before me this
of
So Answers:
18.00
10.56
.39 10.00 R. Thomas Kline
.00
38.95 ? 07/05/2006
7 ??.cL WIX WENGER WEIDNER
By:
day Deputy Sheri
A.D.
STATE FARM INSURANCE IN THE COURT OF COMMON PLEAS
COMPANIES, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 06-3380-CIVIL
V.
CIVIL ACTION - LAW
RICHARD ADAMS,
Defendant
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 MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
NOTICIA
LE HAN DEMANDADO A LISTED 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
apariencia 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, la 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 ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
STATE FARM INSURANCE IN THE COURT OF COMMON PLEAS
COMPANIES, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 06-3380-CIVIL
V.
CIVIL ACTION - LAW
RICHARD ADAMS,
Defendant
COMPLAINT
AND NOW comes the Plaintiff, by its attorneys, Wix, Wenger & Weidner and sets
forth the following:
1. The Plaintiff is a corporation engaged in the casualty insurance business
and duly authorized to conduct business within the Commonwealth of Pennsylvania with
a principal mailing address of P.O. Box 2371, Bloomington, Illinois 61702.
2. The Defendant is an adult individual residing at 24 Big Spring Terrace,
Newville, PA 17241.
3. The facts and occurrences hereinafter related took place on or about July
2, 2004, at approximately 6:25 p.m. on Oak Flat Road at the intersection of Waverly
Crest Road, in Newville, Pennsylvania.
4. At the time and place aforesaid, Plaintiff had issued a policy of insurance
to Amanda Miller, policy number 0515-399-38, to insure a 2000 Ford Focus which was
then and there being operated by Ms. Miller southbound on Oak Flat Road.
5. At the time and place aforesaid, Defendant was the owner and operator of
a Chevrolet Blazer which was then and there traveling northbound on Oak Flat Road.
6. As Ms. Miller was lawfully proceeding south on Oak Flat Road, the
Defendant attempted to make a left hand turn onto Waverly Crest Road directly in front
of Ms. Miller causing his vehicle to strike Ms. Miller's vehicle forcing her vehicle to then
strike a utility pole. Defendant then fled the scene of the accident.
7. Defendant was negligent in that he:
a) failed to operate his vehicle in a safe manner;
b) failed to yield the right-of-way;
c) operated a vehicle without a license;
d) operated a vehicle while under the influence of alcohol or drugs;
e) failed to maintain control over his vehicle; and
f) operated a vehicle without the required financial responsibility.
8. Solely as a result of Defendant's negligence, Plaintiff was required to pay
Fourteen Thousand Six Hundred Twelve and 40/00 ($14,612.40) Dollars under Ms.
Miller's policy of insurance for damage to her vehicle, which was a total loss, and for
personal injuries which she sustained as a result of this accident.
WHEREFORE, Plaintiff demands judgment be entered in its favor and against
the Defendant in the amount of Fourteen Thousand Six Hundred Twelve and 40/100
($14,612.40) Dollars, plus interest and costs of suit.
Respectfully submitted,
WIX, WENGER & WEIDNER
By "aA?k ?. U
Richard H. Wix, Esq., ID #07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3041
(717) 652-8455
Dated: 1/20/2009
2
VERIFICATION
I, , Claims Handler for State Farm Insurance
Companies have read the foregoing Complaint which has been drafted by
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 attorneys for the party or parties hereto.
This verification is made subject to the penalties of 18 PA C.S. Section
4904, relating to unsworn falsification to authorities which provides that, if I
knowingly made false averments, I may be subject ? criminal penalties.
Dated:
/1
Handler
"' >e
David (D. Buell
Prothonotary
KirkS. Sohonage, ESQ
Solicitor
7750
Renee X Simpson
IS` Deputy Prothonotary
=!i
t`
1 Irene E. Morrow
2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, 1Pennsy(vania
6& -a33JWCIVILTERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R. C. P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 9 Suite 100 9 CarCis(e, PX 17013 0 (717) 240-6195 • Ta.-? (717) 240-6573