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HomeMy WebLinkAbout06-6890e it ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY AS : SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO 0C, - 096 1vs. RUTH DELAUDER, Defendant 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 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 EAGER, SPINELLO, QUINN & STENGEL DATE: BY: Vincent J. Quinn, Es e Attorney for Plaintiff I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 r 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY AS : SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO. vs. RUTH DELAUDER, Defendant COMPLAINT AND NOW COMES Plaintiff State Farm Insurance Company as subrogee for Stephen H. Vesce, by and through his attorneys, Vincent J. Quinn and the law firm of Eager, Spinello, Quinn & Stengel and claims damages against Defendant upon the follow cause of action: 1. Plaintiff State Farm Insurance Company is a corporation organized and existing under the laws of the State of Pennsylvania. 2. Plaintiff, Stephen H. Vesce, is an adult individual, residing at 425 Elm Avenue, Hershey, Dauphin County, Pennsylvania. 3. Defendant, Ruth Delauder, is an adult individual, with a last known mailing address of 155 West Catherine Street, Chambersburg, Franklin County, Pennsylvania. 4. At all times material hereto, Plaintiff Stephen H. Vesce was the owner and Matthew Vesce was a permissive user of Stephen H. Vesce's 1998 BMW 740iL, bearing the Pennsylvania Registration Number ELT9391. 5. At all times material hereto, Van Scott was the owner and Defendant was the operator of Mr. Scott's 1997 Chevrolet Lumina, bearing the Pennsylvania Registration Number EYX8978. 6. On or about May 26, 2005 at approximately 5:14 p.m., both Plaintiff subrogee and Defendant were traveling south in the left lane of Interstate 81 near mile marker post 54.0. in Silver Spring Township, Cumberland County, Pennsylvania. r i_ 7. Plaintiff subrogee Matthew H. Vesce was slowing down in a line of traffic and was directly in front of Defendant in the line of traffic. 8. At the same time and place as aforesaid, Defendant was unable to stop her vehicle in time and collided with the rear portion of Plaintiff subrgoee's vehicle. 9. As a result of this collision, Plaintiff subrogee's vehicle was pushed into a third vehicle which was also slowing down in the line of traffic. 10. The aforesaid collision was caused by the carelessness, recklessness and negligence of Defendant Ruth Delauder, which consisted of the following: a. Failing to observe and heed the position of Plaintiff subrogee Stephen H. Vesce's vehicle upon the roadway; b. Failing to have due regard for the rights and property of persons in the position of Plaintiff subrogee Stephen H. Vesce; C. Being inattentive; d. Driving recklessly in violation of 75 Pa.C.S.A. Section 3714; and, e. Failing to use reasonable care and caution in the operation of her vehicle under the circumstances. 12. The collision as aforesaid was caused solely by the negligence of Defendant and was in no way caused by any acts or failure to act on the part of the Plaintiff subrogee Stephen H. Vesce. 13. As a direct and proximate result of the aforesaid collision, Plaintiff subrogee Stephen H. Vesce's vehicle was damaged in and about the rear of the vehicle, for which the Plaintiff State Farm Insurance Company was obliged to spend the sum of Fourteen Thousand Six Hundred Seventy-Eight Dollars and Fifteen Cents ($14,678.15). 14. The costs of repairs and related expenses which Plaintiff State Farm Insurance Company was obliged to incur, to wit, Fourteen Thousand Six Hundred Seventy-Eight Dollars and Fifteen Cents ($14,678.15), is both fair and reasonable for the work to be performed. A 4F N copy of the invoices for said expenses are marked Exhibit "A", attached hereto and incorporated herein by reference. 15. Defendant has in the past refused to pay and continues to refuse to pay the aforesaid damages, despite requests to do so. WHEREFORE, Plaintiff, State Farm Insurance Company as subrogee for Stephen H. Vesce, demands Judgment against Defendant, Ruth Delauder, in the amount of Fourteen Thousand Six Hundred Seventy-Eight Dollars and Fifteen Cents ($14,678.15), plus court costs and interest which amount does not exceed the amount requiring arbitration referral by Local Rule. EAGER, SPINELLO, QUINN & STENGEL DATE: BY: Vincent J. Quinn, Esq Attorney for Plaintiff I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION VINCENT J. QUINN, hereby verify that I am the attorney for the Plaintiff, State Farm Insurance Company as subrogee for Stephen H. Vesce in the herein lawsuit, that I am authorized by the Plaintiff to make this Verification and that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. r VINCENT J. Q squire Dated: / ???? 44 4 C) o C_ c? , rs O {`? tyr x . t ? ' Rr 9 C'? -- vo - rri n STATE FARM INSURANCE COMPANY IN THE COURT OF COMMON PLEAS OF as subrogee for CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN H. VESCE, Plaintiff V. CIVIL ACTION - LAW RUTH DeLAUDER, Defendant No. 06-6890 Civil Term PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for defendant, Ruth DeLauder, in the above-captioned case. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: I ?? O By: radford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant) J, CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: Vincent J. Quinn, Esquire 1347 Fruitville Pike Lancaster, PA 17601 (Attorney for Plaintiff) Dated: ( qo-4-- '0? Bradford Dorrance C N ' O V Titl:l rn 0 OD Q SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS DELAUDER RUTH R. Thomas Kline Sheriff or Deputy Sherif who being duly sworn according to law, says, that he made a diligensearch and and inquiry for the within named DEFENDANT to wit: DELAUDER RUTH but was unable to locate Her in his bailiwick. He th Before deputized the sheriff of FRANKLIN County, Penns Jvania, to serve the within COMPLAINT & NOTICE un uanuary iitn , 2007 , this ottice was in receip 'of the attached return from FRANKLIN Sheriff's Costs: So answ Docketing 18.00 -?J Out of County 9.00 Surcharge 10.00 R. Thomas K ne Dep Franklin Co 37.05 Sheriff of timberland C my Postage .39 74.44 01/11/2007 EAGER SPINELLO QUINN STENGE Sworn and subscribe to before me this day of , A. D. a In The Court of Common Pleas of Cumberland County, Pennsylvania State Farm Insurance Company vs. Ruth Delauder No. 06-6890 i it December 5, 2006 Now, , I, SHERIFF OF CUMBERLAND COL hereby deputize the Sheriff of Franklin County to execute deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Coi Now, within upon at by handing to a and made known to So answers, the Sworn and subscribed before me this day of , 20 AFFIDAVIT Affidavit of Service , 20 , at o'clock copy of the original Sheriff of COSTS SERVICE _ MILEAGE T, PA, do Writ, this y, PA :. served the County, PA $I SHERIFF'S RETURN - REGULAR co N?C?Q6008 <.r.-A'l+ Uto µ. .to CASE NO: 2006-00282 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN STATE FARM INSURANCE COMPANY VS RUTH DELAUDER GARY L WYRICK , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to 1 , says, the within COMP CIVIL ACTION was served upo 1 DELAUDER RUTH the DEFENDANT at 0013:40 Hour, on the 14th day of Decej*r , 2006 at 1660 PEACH TREE LANE CHAMBERSBURG, PA 17201 by handing to RUTH DELAUDER a true and attested copy of COMP CIVIL ACTION togeKher with and at the same time directing Her attention to the conten?? thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 Sworn and Subscribed to before -,', I C' me this day of \ - &00 A.D. Notary So Ansi-aers : GARY n AWYRI BY -' \4 U\ Dep Sherif 01/02/200 EAGER SPINELLO QUINN & ST Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County My Commission Expires Jan. 29, 2007 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY AS : SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO. 06-6890 vs. RUTH DELAUDER, TO THE PROTHONOTARY: PRAECIPE Please file the attached Important Notice. DATED: Defendant EAGER, ,SFNJ LLO, QUINN & BY: Vincent J. Quinn, Esq Attorney for Plaintiffs( I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM INSURANCE COMPANY AS : SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO. 06-6890 vs. RUTH DELAUDER, Defendant IMPORTANT NOTICE TO: RUTH DeLAUDER Go Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Dated: February 11, 2009 YOU ARE IN DEFAULT, BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 QUINN & BY: ,i Vincent J. Quinn, Esquire Attorney for Plaintiffs I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Important Notice upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: RUTH DeLAUDER c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 , QUINN & STENGEL BY: Vincent J. Quinn, Iscy Attorney for Plaint' I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 DATED: February 11, 2009 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Praecipe to file the Important Notice upon the person and in the manner indicated below. Service by First Class Mail, addressed as follows: RUTH DeLAUDER c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 DATED: S EAGER, SP N LO, QUINN & STENGEL BY: Vincent J. Quinn, Es re Attorney for Plaintiffs I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 F LEG-d t,`= CE )YOTARY OF THE 11-71, 7-1, 2009 APR } 7 PH 21• 00 -,_ t 1 , 1 ~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STATE FARM INSURANCE COMPANY AS SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO. 06-6890 vs. RUTH DELAUDER, To the Prothonotary: Defendant Kindly enter default judgment against RUTH DELAUDER, Defendant in the above- captioned matter, for failure to file an Answer to a Complaint within twenty (20} days after receipt. After the failure to file an Answer, Plaintiff on October 3, 2012, gave further notice that a default judgment would be entered within ten (10) days from October 3, 2012. More than ten (10) days having passed since the date of the notice, kindly enter the judgment in the amount of $3,000.00 plus costs, which is the amount demanded in the Complaint. I hereby certify that written notice of intention to enter judgment and to assess damages, was mailed by first class mail to Defendant's attorney Bradford Dorrance at Keefer, Wood, Allen & Rahal, LLP, 210 Walnut Street, P.O. Box 11963, Harrisburg, Pennsylvania, 17108-1963, on October 3, 2012, which is at least ten (10) days before the filing of the herein Praecipe. A copy of the said Notice is attached hereto. P Dated: / ~ ~J~ 7~ Vincent J. Quinn, ~ gGire Attorney for Plainti I.D. No. 26113 1347 Fruitville Pilo Lancaster, PA 17601 (717) 290-7971 C~ ~~~ ~1~e.5D~~ a~ C Ott 2~1e S ,~~asa~a ~h~ EAGER, S~TEIVGEL, QUINN l BY: ~ ,~~~ 1~C~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW STATE FARM INSURANCE COMPANY AS SUBROGEE FOR STEPHEN H. VESCE, Plaintiff NO. 06-6890 vs. RUTH DELAUDER, Defendant IMPORTANT NOTICE TO: RUTH DeLAUDER c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Dated' October 3, 2012 YOU ARE IN DEFAULT, BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 EAGERr, ~TENGEL,,QUIN $OFII.kC`A ~~ ~ Vincent J. Quinn, Esq~}ire Attorney for Plaintiffs I.D. No. 26113 ~,~' 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Important Notice upon the persan and in the manner indicated below. Service by First Class Mail, addressed as follows: RUTH DeLAUDER c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 DATED' ~ l J '~ EAGER, S~ENGEL, QUINN & SOFILKA ~- ,,. ~~`'r, ~ ~,/cam,.- BY: (~- ~ ~~ Cam--- ~C.__ -- Vincent J. Quinn, Esq ire Attorney for Plaintiffs ,~' I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 {717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Praecipe to enter Default Judgment upon the person and in the manner indicated below. Service by First Class Mail addressed as follows: RUTH DeLAUDER c/o Bradford Dorrance, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 ,~ DATED: ~ ~-~ EAGER, STENG~L, QUINN & SOFT rKA s%! ~/~ , Vincent J. Quinn, q re Attorney for Plain I.D. No. 26113 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 J AFFIDAVIT I, Vincent J. Quinn, hereby verify that I am the attorney representing the Plaintiff State Farm Insurance Company, as subrogee for Stephen H. Vesce against Defendant Ruth DeLauder and am filing a Certification of Motor Vehicle Judgment against Ruth DeLauder as a result of a motor vehicle accident, which occurred on or about May 26, 2005 in Silver Spring Township, Cumberland County. Defendant Ruth DeLauder's vehicle failed to slow down for traffic and collided into the rear-end of Stephen H. Vesce's vehicle. (See Complaint filed on November 30, 2006, Docket No. 06-6890). Vincent J. Quinn . ? 4� rnCO Dated: --;:�- c C1 ;f $5.�5 PD ATTV vINC QOINN c�aat�aa ��o I 6 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO SETTLE, SATISFY, DISCONTINUE STATE FARM INSURANCE COMPANY AS SUBROGEE FOR STEPHEN H. VESCE, .- PLAINTIFF CASE NO. 06-6890 CIVIL TERM vs. rs, RUTH DELAUDER, DEFENDANT r- TO THE PROTHONOTARY: o '; :jcr -`-r,. Please mark the above matter settled, ended, discontinued and costs paid. 3>o C) OR 4 cn Please mark the above matter: THIS MATTER WAS INDEXED FOR THE FOLLO Arbitration Award (date) Default Judgment (date) November 6, 2012 Lis Pendens (date) Vincent J. Quinn, Esq re, orney for Plaintiff Other (date) I.D. No. 26113 1347 Fruitville Pike, Lancaster, PA 17601 (717) 290-7971 NOTE: Signature of Defendant(s) Counsel, Additional Defendant(s) Counsel needed if case has an additional Defendant, Counterclaim or Crossclaim(s). DISCONTINUANCE CERTIFICATE AND NOW, Al2 suit has been marked as above 'recte ` P WOTTRY