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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 N LF1 `. r; r Do 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