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Home My WebLink About07-3210IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: ~'7' _ ~2 ~~ /} Thomas Klemas, l: ~u ~ ~ ~~'3'1 Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, COMPLAINT Filed on behalf of Plaintiff Defendants. Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: Thomas Klemas, Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Thomas Klemas, CIVIL DIVISION -ARBITRATION Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Thomas Klemas, by and through its counsel, Travis L. McElhaney, Esquire, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Thomas Klemas, is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at P.O. Box 2371, Bloomington, Illinois 61702. 2. Thomas Klemas is an adult individual residing at 112 S. Spruce Street, Mount Carmel, Pennsylvania 17851. 3. Defendant, Jeffrey W. Mitchell, is an adult individual residing at 1044 Nast Chapel Road, Martinsville, Indiana 41651. 4. Defendant, Donald House, is an adult individual residing at 12771 E CR 50 S, Parker City, Indiana 47368. 5. At all times relevant hereto, Klemas was the owner and operator of a 2005 Ford F250 truck. 6. At all times relevant hereto, Klemas maintained a policy of automobile insurance with State Farm which covered his aforementioned vehicle. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Klemas' aforementioned vehicle. At all times relevant hereto, House was the owner of a 1996 Dodge van bearing Indiana license plate 18Q296. 9. At all times relevant hereto, Mitchell was operating House's aforementioned vehicle and was doing so with House's permission. 10. On or about December 30, 2005, Klemas was traveling on the 6500 Block of Carlisle Pike in Mechanicsburg, Pennsylvania in the left travel lane. 11. Suddenly and without warning, Mitchell, who had been traveling in the right travel lane of Carlisle Pike, did attempt to make a left turn from the right lane, causing a collision between their vehicles. 12. At all times relevant hereto, Klemas was proceeding in a lawful manner and had the right of way. 13. As a result of the aforementioned incident, the damages suffered by Klemas include, but are not limited to, damage to his vehicle. 14. Pursuant to its policy of insurance with Klemas, Plaintiff State Farm paid damages in the amount of $3,322.02 as a result of the aforementioned damages suffered by Klemas. COUNT I -NEGLIGENCE State Farm Mutual Automobile Insurance Comnany as subrogee of Thomas Klemas v. Jeffrey W. Mitchell 15. Paragraphs 1-14 above are incorporated by reference herein as if more fully set forth at length below. 16. The careless, negligent and reckless conduct of Mitchell was the direct and proximate cause of the damages suffered by Klemas, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control his vehicle; b. In failing to look or watch where his vehicle was being operated; c. In attempting a left turn from the right travel lane; d. In entering Klemas' lane of travel; e. In failing to yield the right of way to Klemas; f. In striking Klemas' vehicle; g. In failing to signal or otherwise alert motorists of his intention to turn left from the right lane; h. In failing to ensuring that traffic had cleared before entering the left travel lane; i. In operating his vehicle in a careless, negligent and reckless manner; j. In operating his vehicle in violation of the Pennsylvania Motor Vehicle Code; and k. In failing to provide Klemas with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Thomas Klemas, demands judgment in its favor and against the defendant, Jeffrey W. Mitchell, in the amount of $3,322.02, exclusive of interest and costs. COUNT II -NEGLIGENCE State Farm Mutual Automobile Insurance Comnany as subrogee of Thomas Klemas v. Donald House 17. Paragraphs 1-16 above are incorporated by reference herein as if more fully set forth at length below. 18. The careless, negligent and reckless conduct of House was the direct and proximate cause of the damages suffered by Klemas, and that conduct is more particularly set forth in the lettered paragraphs below: a. In entrusting the use of his vehicle to Mitchell when he knew or should have known that Mitchell would operate it in a careless, negligent and reckless manner; b. In entrusting the use of his vehicle to Mitchell when he knew or should have known that Mitchell would act or omit to act as described in paragraph 16; c. In entrusting the use of his vehicle to Mitchell when he knew or should have known that Mitchell would operate it in violation of the Pennsylvania Motor Vehicle Code; and d. In failing to provide Klemas with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Thomas Klemas, demands judgment in its favor and against the defendant, Donald House, in the amount of $3,322.02, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, squire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiffls Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. .~kd ./~' Travis L. McElhaney, squire Dated: ~~ /~lA~,l ~~ ~o ~ C w , ~ w ~ ~ ~~<< ~ ~x. _r: ~^ iJ? F~~~ 1 ~ ~~.T ,~~" i_.i ~, ~" ~` N ~ A ~~ ~` ~ jj''{{~~'' 1~ ~. ~ ~~ 3 ~-~ tr3 .C- -'C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Thomas Klemas, CIVIL DIVISION -ARBITRATION No.: 07-3210 Civil Term Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, PROOF OF SERVICE Filed on behalf of Plaintiff Defendants. Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14~' Floor Pittsburgh, FA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 07-3210 Civil Term Thomas Klemas, Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. PROOF OF SERVICE I, Travis L. McElhaney, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon Donald House by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Complaint was delivered on June 19, 2007, is attached hereto as Exhibit "A". I also verify that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating to Unsworn Falsification to Authorities. Respectfully submitted, Dated: ~ l2 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP i JJ [ter Travis L. McElhaney, )~squir~ Counsel for Plaintiff ,• , ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your namr3 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 ff space permits. 1. Article Addressed to: ~ 2~~i ,~ ~,~ ~o S . ~~.rk.~ ~ ~i ~J r l 4~ L~731~ ~ A. Signature X n~_ ~ ~~ ~(~QQrI~'1Q C~i--- ~ Addressee lX~Oi.~/-'~ B. Received by (Printed Name) ~. DaUs of Delivery D. Is dernrery address different born item 1? ^ Yes If YES, enter delivery address below: !] No 3. ice Type CeRifled Mail ^ Registered ^ Insured Mail 4. Restricted Delivr s Mali Receipt for Merchandise (Extra Fee) - -- ^ Yes 2. Article Number (fransllerfmmservlr~labe>) 7i]d6 01a^ Oa02 8841 6?93 _~~ -- 'PS ~oimi~811, ebru'ar~ 2i7(Y4' i ' ' ' ` Dbrnestic Return Receipt 102595-o2•M-1540 t~ ~ Q C' ~ ~ -_., -n _ !?'3 ~ ~ ,~-f'1 ~ ~~ ~~ ; . } E. ' 'L~ ~: ~ ~i y R1 ~ ~ c.n :z~ cry --< i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PIENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE ', COMPANY as subrogee of No.: 07-3210 Civil Term ~~ Thomas Klemas, Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, PLAINTIFF'S PRAECIPE FOIE DEFAULT JUDGMENT PURSUANT TO I~a.R.C.P. 1037(b) Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Thomas Klemas, Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. CIVIL DIVISION -ARBITRATION No.: 07-3210 Civil Term PLAINTIFF'S PRAECIPE FOR DEFAULT ', JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Kindly enter judgment in favor of plaintiff State Farm Mutual Automobile Insurance Company as subrogee of Thomas Klemas and against defendant Donald Howe ONLY for failure to file an Answer or otherwise respond in the above-captioned action within ~wenty (20) days of the date of service of the Complaint, and assess plaintiff's damages against defendant in the amount of $3,322.02. I certify that a written notice of intention to file this praecipe was mailed to defendant after the default had occurred and at least ten (10) days before the date of the filing of this praecipe. A copy of this notice is attached. I further certify that the defendant is not in active military service. The undersigned verifies that the statements of fact in the P~aecipe are true and correct and are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. Dated: Z ` ~ Respectfully submitted, WEBER GALLAGHER SIMPS~N STAPLETON FIRES & NEWB'f' LLP ___-- Travis L. McEI ey, Es ' e Counsel for Plaintiff C ~ ~ ~ :~ f~~..' "V ~if77 y_ Q O ~~ ~ -.~+ G ,} v ~ ~ ~ ~ ...` b `~ ~ s a - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,1#ENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION - ARBI'If RATION AUTOMOBILE INSURANCE ) COMPANY as subrogee of ) No.: 07-3210 Civil Term Thomas Klemas, ) Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. TO: Donald House 12771 E CR 50 S. Parker City, IN 47368 DATE: July 10, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENT$R 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 O~ THIS NOTICE, A JUDGMENT MAYBE 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 LA~JVYER 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 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 / 1, ', C Travis L. McElhan y, Esqui Counsel for Plainti CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff's Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1037(b) was served upon the following defendant by Certified U.S. Mail, postage prepaid, this2~ay of July, 200', to the following: Donald House '' 12771 E CR 50 S. Parker City, IN 47368 r Travis L. McElhaney, Esquire Counsel for Plaintiff C ri ~'- ~~: r ^ "~ N v r c" ~ 3L" ~. C~ . / ~;. ~' W ("~ GJ1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Thomas Klemas, Plaintiff, vs. JEFFREY W. MITCHELL and DONALD HOUSE, Defendants. CIVIL DIVISION - ARBITRATION No.: 07-3210 Civil Term 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. . o~ a7, aoo7 5 ~~ ~. a Long Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: f Trav s L. McElhaney, Esquir PA I.D. No.: 204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & I~EWBY LLP Two Gateway Center -Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 '; ra ~i ~-~p 7 F'i{ c ~ --- ~; ~,,, ~~ ~ ..J ~ . ---1 G ~'-' ~ ~ -tp ~ ~ -t% ~ _ ~ W ' p. ~ 1 G1