HomeMy WebLinkAbout20062760 COUNTY COURT, COUNTY OF WELD,
STATE OF COLORADO
915 10th St.,P.O. Box 2038,Greeley,CO 80632
Plaintiff: STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Defendant BOARD OF COUNTY COMMISSIONERS • COURT USE ONLY A
OF WELD COUNTY and JEFFREY YORK
Case Number:
Attorney:
Michael A. Dibte,Reg. #34714 Div.: Courtroom:
David D.Piper,Reg. #17005
BECK AND CASSINIS, P.G.
3025 South Parker Road, Suite 200
Aurora,Colorado 80014
Telephone: (303)750-1567 Facsimile: (303)750-7530
E-mail: mail@beckpayne.com
SUMMONS
To the above named Defendantt(a): Take notice that
1. On Friday,November 3,2006,at 9:00 o'clock A.M.,in the Weld County Court,915
10th St., P.O. Box 2038, Greeley, CO 80632, if an answer is not filed, the court may be asked to
enter judgment against you as set forth in the complaint.
2. A copy of the complaint against you and an answer form which you must use if you
file an answer are attached.
3. If you do not agree with the complaint,then you must either:
a. File an answer with the court,located at 915 10th St.,P.O.Box 2038,Greeley,CO
80632,by the above date and time stating any legal reason you have why judgment should
not be entered against you
b. File an answer with the court before that date and time.
4. When you file your answer,you must pay a filing fee to the Clerk of Court.
Ifyou file an answer,you must give or mail a copy to the Plaintiff(s)or the attorney who signed the
complaint.
5. If you do not file an answer,then the court may enter a default judgment against you
for the relief requested in the complaint.
6. If you want a jury trial,you must ask for one in the answer and pay a jury fee in
addition to the filing fee.
7. If you want to file an answer or request a jury trial and you are indigent,you must
appear at the above date and time,fill out a financial affidavit, and ask the court to waive the fee.
Cie psi Ina Alf rft-970A(S : •PcP (3 2006-2760
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Dated at Aurora, Colorado,this 13th day of September,2006.
Clerk of the Court BECK AND CASSINIS,P.C.
BY
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Deputy Clerk Michael A. Dib e, #34714
David D. Piper,#17005
Plaintiffs Address:
P.O.Box 2371
Bloomington,IL 61702-2371
This summons is issued pursuant to Rule 303,Rules of County Court Civil Procedure,as amended.
A copy of the complaint must be served with this summons. This form should not be used where
service by publication is desired.
To the clerk: If this summons is issued by the Clerk of Court, the signature block for the clerk,
deputy and seal of the court should be provided by stamp, or typewriter, in the space to the left of
the attorney's name.
WARNING:ALL FEES ARE NONREFUNDABLE. IN SOME CASES,A REQUEST FOR
A JURY TRIAL MAY BE DENIED PURSUANT TO LAW EVEN THOUGH A JURY FEE
HAS BEEN PAID.
2
COUNTY COURT, COUNTY OF WELD
STATE OF COLORADO
915 10th St., P.O. Box 2038, Greeley, CO 80632
Plaintiff(s): STATE FARM MUTUAL AUTOMOBILE
v. INSURANCE COMPANY
Defendant(s): BOARD OF COUNTY COMMISSIONERS A COURT USE ONLY A
OF WELD COUNTY and JEFFREY YORK
Attorney: Case Number:
Michael A. Dible,Reg. #34714
David D. Piper, Reg. #17005 Div.: Courtroom:
BECK AND CASSINIS,P.C.
3025 South Parker Road, Suite 200
Aurora, Colorado 80014
Telephone: (303) 750-1567
Facsimile: (303) 750-7530
E-mail: mail@beckpayne.com
COMPLAINT
COMES NOW,Plaintiff, State Farm Mutual Automobile Insurance Company.by and through
its attorneys, Beck and Cassinis, P.C., and for its Complaint against Defendants Board of County
Commissioners of Weld County and Jeffrey York, states and alleges as follows:
1. Defendant,Board of County Commissioners of Weld County(" Veld County''). is the
statutorily authorized governing board for Weld County and is located at 915 Tenth Street. Greeley
Colorado 80632
2. Upon information and belief, Defendant Jeffrey York is an individual who resides at
360 Puma Lane, Milliken, Colorado.
3. The amount claimed herein does not exceed the jurisdiction of the court.
4. The amount claimed from Defendant, is Four Thousand Eight Hundred Fifty-One
Dollars and 16/100 Cents ($4,851.16), together with proper interest. costs and any other items
allocable by statute or specific agreement.
5. Such claim arises from the following event(s):
At all times relevant to this action Plaintiff insured Rochelle Stoeckle and her vehicle.
On October 3,2005 a vehicle owned by Weld County and operated by Defendant. Jeffrey York. and
employee of Weld County acting within the scope of his employment. backed into Ms. Stoeckle's
vehicle causing extensive damage. As a result of the accident, Plaintiff paid $4.351.16 and its Ms.
Stoeckle incurred a$500.00 deductible. Plaintiff therefore seeks to subrogate for its payment and the
deductible in the amount of$4,851.16.
6. It is not known if the Defendant is in the military service of the United States.
7. The Plaintiff does not demand a trial by jury.
WARNING: ALL FEES ARE NON-REFUNDABLE. IN SOME CASES,A REQUEST FOR
A JURY TRIAL MAY BE DENIED PURSUANT TO LAW EVEN THOUGH A JURY FEE
HAS BEEN PAID,
Note: All Plaintiffs filing this complaint must sign unless the complaint is signed by an attorney
Respectfully submitted.
BECK AND CASS1NIS. P.C.
Michael A. Dible. #34714
David D. Piper. #17005
Plaintiff's Address:
P.O. Box 2371
Bloomington, IL 61702-2371
COUNTY COURT,COUNTY OF WELD,
STATE OF COLORADO
915 10th St., P.O. Box 2038, Greeley, CO 80632
Plaintiff(s): STATE FARM MUTUAL AUTOMOBILE
v. INSURANCE COMPANY
Defendant(s) BOARD OF COUNTY COMMISSIONERS A COURT USE ONLY A
OF WELD COUNTY and JEFFREY YORK
Case Number:
Attorney or Party without Attorney(Name and Address)
Div.: Courtroom:
Phone Number:
FAX Number:
e-mail:
Atty. Reg.#
ANSWER UNDER SIIVIPLIFIED CIVIL PROCEDURE(including counterclaim(s)and
cross ciaim(s)
The Defendant(s)
answer(s)the complaint as follows:
1. The amount of damages claimed to be due to the Plaintiff(s) by the complaint in this
action is not due and owing for the following reasons:
OR the Plaintiff(s)is/are not entitled to possession of the property and Defendant(s)is/are entitled
to retain possession for the following reasons:
OR the injunctive relief requested by the Plaintiff(s)should not be allowed for the following reasons:
2. (If applicable)the Defendants(s)
assert(s)the following counterclaims)or setoffs)against the Plaintiff(s),
3. (If applicable)the Defendant(s)
asserts the following cross claim(s)against
named Defendant(s)(you are limited to the jurisdiction of the court):
4. If a counterclaims is asserted above,you must check one of the following statements:
❑ The amount of the counterclaim does not exceed the jurisdiction of the court (County
Court filing fee required).
❑The amount of the counterclaim exceeds the jurisdiction of the court, but I wish to limit
my recovery to the jurisdiction of the court(County Court fee required).
❑The amount of the counterclaim exceeds the jurisdiction of the court,and I wish the case
to be t ansfa,'ed to the District Court(District Court fee required).
5. The Defendant(s)does (do)O does (do)not E demand trial by jury(if demand is made
a jury fee must be paid).
WARNING:ALL FEES ARE NON.REFUNDABLE. IN SOME CASES,A REQUEST FOR A JURY
TRIAL MAY BE DENIED PURSUANT TO LAW EVEN THOUGHT A JURY FEE HAS BEEN
PAID.
Note:All Defendants filing this answer must sign unless the answer is signed by an attorney.
Signature(s)of Defendant(s)
Address(es)of Defendant(s)
Telephone Number(s)of Defendant(s) Signature of Attorney for Defendant(s)(if applicable)
(print registration number, address and telephone
number)
CERTIFICATE OF MAILING
I certify that a true copy of the answer was mailed,postage prepaid,to
(Plaindigs)or attorney),
at (address(es),
on (date).
(Signed)
Defendant(s)or Attorney for Defendant(s)
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