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Home My WebLink About07-1893File #10-06-853 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Jr., Esquire ATTORNEY LD. N0.202188 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 ALLSTATE INSURANCE COMPANY IN CIVIL LAW 309 Lakeside Drive, Suite 100 Horsham, PA 19044 NO• Q ~ "" ~~ l., l V ~ C v. NORFOLK SOUTHERN RAILWAY CO. 3 Commercial Place Norfolk, VA 23510 And DREW DALTON 2200 Red Gate Avenue Norfolk, VA 23507 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 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 in the complaint or for any other 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CANNOT 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #10-06-853 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Jr., Esquire ATTORNEY I.D. N0.202188 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 ALLSTATE INSURANCE COMPANY IN CIVIL LAW 309 Lakeside Drive, Suite 100 `-r' Horsham, PA 19044 NO. ~ ~l - ~ 3 1. ! u ~ `, l1 ~-'~'''~ v. NORFOLK SOUTHERN RAILWAY CO. 3 Commercial Place . Norfolk, VA 23510 And : DREW DALTON . 2200 Red Gate Avenue Norfolk, VA 23507 COMPLAINT Motor Vehicle Property Damage 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above-captioned address. 2. Defendant, Norfolk Southern Railway Co., is the owner of a business entity authorized to do business in Pennsylvania and was the owner of the motor vehicle involved in this incident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 3. Defendant, Drew Dalton, is an adult individual and, at all times pertinent hereto resided at the above-captioned address and was the operator of Defendant owner's . .' Defendant owner's motor vehicle and did so as an agent, servant, workman or employee of the business and on the behalf of the Defendant owner. 4. On July 31, 2006, Plaintiff had a written policy of insurance with Oscar Pumarejo, hereinafter referred to as named insured, said policy is, at present, not available for attachment to this complaint. 5. On the aforesaid date, a motor vehicle insured by Plaintiff hereafter, the insured vehicle, was involved in an incident with Defendant's vehicle. 6. On the aforesaid date, the insured vehicle was traveling northbound with a green light on 18~" Street in the right lane making a right turn onto Hummel Avenue in Lemoyne, Pennsylvania when the defendant, who was traveling eastbound on Hummel Avenue, failed to stop at a red light striking the insured vehicle causing damages. 7. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant driver: a. operated the vehicle at an unsafe rate of speed; b. was inattentive; c. failed to make proper observation; d. violated local laws of the Commonwealth of Pennsylvania. 8. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for damages that arose out of this incident. 9. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental. 10. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $1,958.49. COUNTI PLAINTIFF V. DREW DALTON 11. Plaintiff incorporates paragraphs 1 through 10 inclusive as if fully set forth at length herein. 12. Defendant is liable as the negligent driver. ~ .•~ WHEREFORE, Plaintiff demands judgment for $1,958.49 plus interest and costs of suit. COUNT II PLAINTIFF V. NORFOLK SOUTHERN RAILWAY CO. 13. Plaintiff incorporates paragraphs 1 through 12 inclusive as is fully set forth at length herein. 14. Defendant owner is liable under the Doctrine of Respondeat Superior for the negligence of the Defendant driver. 15. 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 $1,958.49 plus interest and costs of suit. Stewart C. Crawford, Jr., Esquire 2 ~. D ~ Attorney for Plaintiff Date: J~' . ~. VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and 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 unsworn falsification to authorities. ;~ Stewart C. Crawford, Jr., Esquire Attorney for Plaintiff Date: ~~ ~~ D N x '~ '~ ~ C'~ rv ~=~ -ii ~ ~ ~ fi ~~ t: ~ ,~ ;, ~ -{ w = -~~ LAS -~: 1 File #10-06-853 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Jr., Esquire ATTORNEY I.D. N0.202188 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 ALLSTATE INSURANCE COMPANY IN CIVIL LAW 309 Lakeside Drive, Suite 100 Horsham, PA 19044 NO. 07-1893 v. NORFOLK SOUTHERN RAILWAY CO. 3 Commercial Place Norfolk, VA 23510 And DREW DALTON 2200 Red Gate Avenue Norfolk, VA 23507 CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendants Norfolk Southern Railway Co. & Drew Dalton by certified mail on April 12, 2007. A copy of the documents is attached hereto. NORFOLK SOUTHERN RAILWAY CO. 3 Commercial Place Norfolk, VA 23510 And DREW DALTON 2200 Red Gate Avenue Norfolk, VA 23507 ?~~~~ DATE STEWART C. RAWFORD, JR. Attorney for Plaintiff ~ ^ Complete items 7 , 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ^ Print your name and address on the reverse so that we can return the card to you. B. Received by (Panted Name) ^ Attach this card to the back of the mailpiece, or on the front-if space permits. 1. Article Addressed to: Drew Dalton 2200 Red Gate Avenue Norfolk, VA 23510 ^ Agent C. Date of Delivery D. Is delivery address diffe2nt from item f 1 O Yes If YES, enter delivery address below: ^ No 3. Service Type ertrfied Mail O Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Maii ^ C.O.D. ..o o, m .. tr tr m Postage m p Certified Fee ° O R m Receipt Fee. (Endorsement Required) ° ~ Restricted Delivery Fee (Endorsement Required) ° Total Postaoe & Fees ° enf To ° Drew L 14. Restricted Deliveryl(Extrd Fee) ^ Yp,S 2. Article Number (Transfer from service fabeQ" ~ -~ p a 6 a $1-a o a a 3 3 9 9 4 $ 3 9 6 PS Form 3811, February Domestic Return Receipt 102595-02-M-1540 ~ ~ r ~. ~. ~. ~ m m .. . .•. r ~ ~~. lr ~ D, ,~ ~. t~ttt ~~ o, m tT• m Postage $ N> m p m p j ~ Certified Fee .. ~ ~O' ~"~ ~ p ~ ° o ~ 1 ~ ! Retum Receipt Fee., ~-~' Postmark Her ~ (Endorsement Required) ~ e .. ~~~ Q ri O rl Restricted Delivery Fee (Endorsement Required) " ~ ~ • ~~' a ° ~ Total Postaoe & Fees ~ ~ ~~ ~ ..LI .9 ~ ~~,. O ° ,Sent To ' ° ° Drew Dalton ~ M1 -3`tieet, Apt -'--• or PO&ox 2200 Red Gate Avenue cry,"side; Norfolk, VA 23510 '~-' .•- • . . and 3. Also complete ~" :, if YES, enter delivery address below: O No 1V 01'IO1K, Y~1 L J J l U `gwertmea anon u txpress Meg ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mall ^ C.O.D. 4. Restricted Delivery? (Exha Fee) ^ Yes 2. Article Number (T-ans/e.Yrom's~i~ce/ebeQ 7DQ(, a$1a aaa3 3994 8396 PS Form 3811, February- Domestic Return Receipt 102595-02-M-1540 ~ ., ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CERTIFIED M~ (Domestic Mai! Only; Nc L~ .~- : D" ': / _ ~' I'!' m Postage >s , m o certined Fee - Q Retum Receipt Fee: (Endorsement Required) , ~ Restricted Delivery Fee (Endorsement Required) Norfolk Southern Railway Co. 3 Commercial Place Norfolk, VA 23510 A. Signature X ^ Agent ^ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delvery address different from item 1? ^ Yes if YES, enter delivery address below: ^ No 3. ice Type Certified Mafl ^ Express Mail Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Exba Fee) ^ Yes 2. Article Number 7{10 6 0 81 ~ 0 ~ 0 3 3 9 9 4 8 4 0 2 (Transfer from service Iabe1) - Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i ~~ i ~~^ ~ ~ ~ ; O 0 ~ ~ ~ ~ ? ~' tr , e ~ ~ cp cfl ' • •', .rr~..~~.,~.. _ , . D; ~~ ¢__ -t::;, ca ,i N ~ Total Pr•^`M^ v. c~..~ @ ` ~ ,; _ r0 ~ 1 ~~ O. enr o o Norfolk Southern Railway Co. N ~r~~ a , crPOe~ 3 Commercial Place ~'~ ~ Norfolk, VA 23510 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. " ^ Print your name and address on the reverse so at we can return the card to you. ^ Att~h this carci to the back of the mailpiece, or n the front if space permits. 1. Artlkle Addressed to: tl tT I f} 4 j m m Postage $ b m p m p Certified Fee ~ j,/ '"' O p O p ee_ Postmark Retum Receipt Fee. (Endorsement Required) , , S Here ~~~ rl r-l _. (EndorsemeDt Required) ~~ ~O ~ -.. ~ ~ Total Pr...,..., n. ~,..a @ ` ter. ..D ..0 ~,~~ O O Sent To ~ N ~ Norfolk Southern Railway Co N . ~trest, ,q or POei 3 Commercial Place cfy""sra Norfolk, VA 23510 a sig re Agent X Addressee B. R ived by (Printed~~N~~ame) ,,~~D Vt C. D of~livery ~ D. Is delivery address different from ftem 1? If YES, enter delivery address below: Yes ~o Norfolk Southern Railway Co. 3 Commercial Place 3, ce Type Norfolk, VA 23 `. 0 certmed Mall ^ Express Mall _ Registered O Retum Receipt for Merchandise ^ insured Mail ^ C.O.D. 4. Restricted Delfvery7 (Exha Feel O Yes z. 'article"umber 7p06 0810 t]0~3 3994 842 (Transfer Irom service label} PS Fotm 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i t`? ~ t~ r_.. ~ ; -n ~~ ~ ~ ~f, n.~ r3, ~ ~ ' Ci'1 ~ , . ~: ; -r} , ~ :,~ ~~ ~ ~jrn ~w ~ ~' w ~ b, ~'~~3