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HomeMy WebLinkAbout07-4050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. CIVIL DIVISION -ARBITRATION No.: D7_ ~0.~ (~ i v i I Term 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, 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.: Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. 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 (717) 249-3166 or (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, CIVIL DIVISION -ARBITRATION No.: 07- y~S ~ C~c~.i.! emu.-. Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley, 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 Glenn M. Turley, 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. Glenn M. Turley is an adult individual residing at 230 Old Stonehouse Road, Carlisle, Pennsylvania 17015. 3. Defendant, Brian Jamison, is an adult individual residing at 106 Virginia Avenue, Jonestown, Pennsylvania 15904. 4. Defendant, W.C. McQuaide, Inc. is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at 153 Macridge Avenue, Johnstown, Pennsylvania 15904. 5. At all times relevant hereto, Turley was the owner and operator of a 2005 Honda Civic automobile. 6. At all times relevant hereto, Turley 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 Turley's aforementioned vehicle. 8. At all times relevant hereto, W.C. McQuaide was the owner of a 2000 Freightliner vehicle bearing Pennsylvania license plate number AE52157. 9. At all times relevant hereto, Brian Jamison was an employee and/or agent and/or representative of W.C. McQuaide, and was operating W.C. McQuaide's aforementioned vehicle within the course and scope of his employment and/or agency and/or representation. 10. On or about December 11, 2006, Turley was traveling on Route 11 in Carlisle, Pennsylvania, when he slowed and stopped for a red traffic signal at its intersection with North Middlesex Road. 11. Suddenly and without warning, Jamison, who had also been traveling on Route 11, did strike Turley's vehicle from behind, causing damage thereto. 12. At all times relevant hereto, Turley was proceeding in a lawful manner and had the right of way. 13. As a result of the aforementioned incident, the damages suffered by Turley include, but are not limited to, damage to his vehicle. 14. Pursuant to its policy of insurance with Turley, Plaintiff State Farm paid damages in the amount of $3,343.51 as a result of the aforementioned damages suffered by Turley. COUNT I -NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley v. Brian Jamison 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 Jamison was the direct and proximate cause of the damages suffered by Turley, 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 traveling too close to Turley's vehicle; d. In traveling too fast for the existing circumstances; e. In failing to remain alert to existing traffic conditions; f. In striking Turley's vehicle from behind; g. In failing to avoid striking Turley's vehicle; h. In failing to use his brakes or braking mechanisms; 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 Turley with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley, demands judgment in its favor and against the defendant, Brian Jamison, in the amount of $3,343.51, exclusive of interest and costs. COUNT II -NEGLIGENCE State Farm Mutual Automobile Insurance Comaany as subrogee of Glenn M. Turley v. W.C. McQuaide, Inc. 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 W.C. McQuaide, Inc. was the direct and proximate cause of the damages suffered by Turley, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly train its employee and/or agent and/or representative; b. In failing to properly supervise its employee and/or agent and/or representative; c. In allowing and/or permitting its employee and/or agent and/or representative to act or omit to act as described in paragraph 16; and d. In failing to provide Turley with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley, demands judgment in its favor and against the defendant, W.C. McQuaide, Inc., in the amount of $3,343.51, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: ~ ~' ~~ Travis L. McElhaney, Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, 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 plaintiffs 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. 6~ Travis L. McElhaney, Esquire Dated: ~ ~`~~ oZQ~~' ZQ '~ ~ ~-.: r.s ~.--~~ i"~ ~. ~~ ~ ~ r~.f -a 0o t31 "t7 ~ r? ' i-~` ~, _- . -~ ~ ,_ - t ~~ ~'a r ~, .~ Cry . ~, SHERIFF'S RETURN - OUT OF COUNTY CASE'NO: 2007-04050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM MUTUAL AUTO INS ET VS JAMISON BRIAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT JAMISON BRIAN but was unable to locate Him deputized the sheriff of LEBANON to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 1st 2007 this office was in receipt of t attached return from LEBANON Sheriff's Costs: So answers: .~--> _, Docketing 18.0 0 ;~-..~-~-:;~ Out of County 9.00 _ --~~-- -~.~ ~r ~ .. Surcharge 10.00 R. Thomas Kline r--' Dep Lebanon Co 28.50 Sheriff of Cumberland County Postage 1.84 67.34 / 8~~~~67 ~.. 08/01/2007 WEBER GALLAGHER SIMPSON Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE' NO: 2007-04050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM MUTUAL AUTO INS ET VS JAMISON BRIAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT W C MCQUAIDE INC but was unable to locate Them deputized the sheriff of CAMBRIA serve the within COMPLAINT & NOTICE On August 1st 2007 this office was in receipt of the attached return from CAMBRIA Sheriff ' s Costs : So answers :,,...---~- ? - "~~ -° _.. ,__s.. Docketing 6 . 0 0 _ ,`,"~~„~~< ~~ ~,,, -<- Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Cambria County 45.25 Sheriff of Cumberland County .00 70.25 ~ YIl31aZ~ 08/01/2007 WEBER GALLAGHER SIMPSON Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A.D. ~In Tie Court of Common Pleas of Cumberland County, Pennsylvania State Farm Mutual Automobile Insurance Company VS. Brian Jamison st al SERVE: Brian Jamison No. 07-4050 civil Now, July 17, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ~~ /~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original S o answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M, served the the contents thereof. County, PA COMPLAINT No. 07.4050 Civil Term State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley vs. Brian Jamison and W. C. McQuaide, Inc. STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Weber Gallagher Simpson Stapleton Fires & Newby, LLP Travis L. McElhaney, Esquire Two Gateway Center, 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (Return to Cumberland County) Docket Page 25692 John Singletary, Deputy Sheriff, being duly sworn according to law, deposes and says that after due and diligent search by him having been made in his bailiwick, and after having exhausted all known facets to locate defendant, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find BRIAN JAMISON, the within named DEFENDANT, and he therefore returns "NOT FOUND" as to the said BRIAN JAMISON. *Note: The Zip Code of 15904 comes back to Johnstown, not Jonestown. Sworn to and subscribed before me this 24th day of July, 2007 N~AR;AL SE,gL ?(t~IBERLY A. BROt-1'ER, Notary Public Cify of Lelaanon, Lebanon County. Pa My Commission Expires December i7.20i0 Notary Public SO ANSWERS, Y DE'~P,~U/TY SHERI/FF .~ ..p SHERIFF SHERIFF'S COSTS iN ABOVE PROCEEDINGS Advanced Costs paid on 07/20/07 Check No. 13731 Amount Costs Incurred: Amount Refund Check No. aog~ ~ Amount $ 100.00 $ 28.50 $ 71.50 All Sheriff s Costs shall be due and payable when services are performed, and it shall be lawful to him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 ' In The Court of Common Pleas of Cumberland County, Pennsylvania StatQ Farm Mutual Automobile Insurance Company VS. Brian Jamison At al SERVE: W.C. McQuaide Inc I~jow July 17, 2007 No. 07-4050 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, ~t~.~U ~-~ , 20 ~~ , at 2f~5 o'clock M. served the within l ; U' r I lJ I~=~ I ~ ~~~' I Y}d~ C~, ~ dQ upon ~eQuaid~ at ~'S`~ SQL` ridgP ~1Q. lTh~51~u-n _~~. f~JQO by handing to ~ ~ ~ ~ ~ a 1 ~'~ C ~ ~-~~JIC ~ copy of the original I ~ `T 1' ~ lJ~W1 and made known to u~ the contents thereof. So answers, ~ ~~~ ~ ~ ~~~ Sheriff of c County, PA Sworn and me this: 20 ~~ COSTS SERVICE i MILEAGE _ AFFIDAVIT ,692578.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, CIVIL DIVISION - ARBITRATION No. 07-4050 Plaintiff, ANSWER AND NEW MATTER vs. BRIAN JAMISON and W.C. McQUAIDE, INC., Filed on Behalf of: Defendant W.C. McQuaide, Inc. Defendants. NOTICE TO PLEAD Counsel of Record for this Party: TO THE ABOVE NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. MEYER, UNKOVIC & SCOTT LLP By: ~.~~r!!1 ATT NEYS FOR D ENDANT W. C. McQUAIDE, INC. Douglas M. Hottle, Esquire Pa. I.D. ##68991 Mary C. McGinley, Esquire Pa. I.D. ##89393 MEYER, UNKOVIC & SCOTT LLP Firm ## 199 1300 Oliver Building Pittsburgh, PA 15222 (412) 456-2800 692578.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, Plaintiff, CIVIL DIVISION - ARBITRATION No. 07-4050 vs. BRIAN JAMISON and W.C. McQUAIDE, INC., Defendants. ANSWER AND NEW MATTER AND NOW COMES defendant W.C. McQuaide, Inc. (~~McQuaide"), by its undersigned counsel, and files this Answer and New Matter to the Complaint of State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley (~~Turley"), of which the following is a statement: ANSWER 1. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 1 of the Complaint and accordingly, the same are denied. 2. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to 692578.1 the truth of the allegations of Paragraph 2 of the Complaint and accordingly, the same are denied. 3. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 3 of the Complaint and accordingly, the same are denied. 4. The allegations of Paragraph 4 of the Complaint are admitted. 5. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 5 of the Complaint and accordingly, the same are denied. 6. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 6 of the Complaint and accordingly, the same are denied. 7. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 7 of the Complaint and accordingly, the same are denied. 8. Upon information and belief, the allegations of Paragraph 8 of the Complaint are admitted. -2- 692578.1 9. The allegations of Paragraph 9 of the Complaint represent conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 10 of the Complaint and accordingly, the same are denied. 11. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 11 of the Complaint and accordingly, the same are denied. 12. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 12 of the Complaint and accordingly, the same are denied. 13. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 13 of the Complaint and accordingly, the same are denied. 14. After reasonable investigation, defendant McQuaide lacks sufficient knowledge or information to form a belief as to -3- 692578.1 the truth of the allegations of Paragraph 14 of the Complaint and accordingly, the same are denied. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley v. Brian Jamison 15. In response to the averments contained in Paragraph 15 of plaintiff's Complaint, defendant McQuaide incorporates by reference its responses to Paragraphs 1 through 14 inclusive of plaintiff's Complaint. 16. The allegations contained in Paragraph 16 of the Complaint relate or refer to a party other than defendant McQuaide and, accordingly, no response by this defendant is required. In the event that a response is deemed to be required, said allegations are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, defendant W.C. McQuaide, Inc. denies any and all liability to plaintiff and demands judgment in its favor, together with costs. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley v. W.C. McQuaide, Inc. 17. In response to the averments contained in Paragraph 17 of plaintiff's Complaint, defendant McQuaide incorporates by -4- 692578.1 reference its responses to Paragraphs 1 through 16 inclusive of plaintiff's Complaint. 18. The allegations of Paragraph 18 of the Complaint represent conclusions of law to which no response is required. To the extent that a response may be required, said allegations are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, defendant W.C. McQuaide, Inc. denies any and all liability to plaintiff and demands judgment in its favor, together with costs. NEW MATTER 19. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 20. The damages allegedly sustained by the plaintiff were not the result of the incident described in the Complaint. 21. Plaintiff's claims are barred, in whole or in part, by Turley's comparative negligence. 22. Plaintiff has failed to mitigate its damages, if any. 23. Plaintiff's alleged damages were caused, in whole or in part, by its failure to adequately investigate and assess the claim. 24. If plaintiff suffered the damages as alleged in the Complaint, which defendant McQuaide expressly denies, then such -5- 692578.1 damages were the sole and proximate result of superseding and/or intervening causes which were not within the control of McQuaide. 25. If plaintiff sustained the damages as alleged in the Complaint, which defendant McQuaide expressly denies, they were caused solely and proximately by the carelessness, recklessness and negligence of third parties over whom defendant McQuaide had no control. WHEREFORE, defendant W.C. McQuaide, Inc. demands judgment in its favor and against plaintiff, and such other relief as the Court deems just and proper. MEYER, UNKOVIC & SCOTT LLP By: ~ ~,~ Dou s M. Hottle Mary C. McGinley ATTORNEYS FOR DEFENDANT W.C. MCQUAIDE, INC. -6- 692578.1 VERIFICATION I, ~ state that I am y~ y/~ of w.C. McQuaide, Inc., defendant in the above-captioned case, and that I have read the foregoing Answer and New Matter and verify that the averments made are true and correct of my own knowledge, except as to those things stated upon information and belief, and as to those I believe to be true. This statement is made subject to the penalties of 18 Pa.C.S.A. X4904, relating to unsworn falsification to authorities. Date: g~9-o'? ~~~` 692578.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Answer and New Matter was served upon counsel for Plaintiff by regular mail this ~~ day of August, 2007, at the following address: Christopher P. Deegan, Esquire Travis McElhaney, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP Two Gateway Center 14th Floor Pittsburgh, PA 15222 MEYER, UNKOVIC & SCOTT LLP t By : (~ Y/L `'~ Dougl s M. Hottle Mary C. McGinley ATTORNEYS FOR DEFEP W.C. MCQUAIDE, INC. C"+ ~ ~ Q : ` ~ _., -n -7f`Fl _ i C.~; __ - ~_, .~ _.. C.~ .~ F'~#`t i ~~t ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. CIVIL DIVISION -ARBITRATION No.: 07-4050 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, W.C.MCQUAIDE, INC. 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 Glenn M. Turley, CIVIL DIVISION -ARBITRATION No.: 07-4050 Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, W.C. MCOUAIDE, INC. AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley, 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 Reply to New Matter of Defendant W.C. McQuaide, Inc.: 19. The averments set forth in paragraph 19 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 20. The averments set forth in paragraph 20 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 21. The averments set forth in paragraph 21 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 22. The averments set forth in paragraph 22 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 23. The averments set forth in paragraph 23 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 24. The averments set forth in paragraph 24 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. 25. The averments set forth in paragraph 25 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, these averments are denied pursuant to Pa.R.C.P. 1029(e) and strict proof of the same is demanded at the time of trial. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Glenn M. Turley, demands judgment in its favor and against the defendant, W.C. McQuaide, Inc., in the amount of $3,343.51, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: -- Tra is L. McElh ey, Es re Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, 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 plaintiffs Verified Statement cannot be obtained within the time limits necessary for the filing of this pleading, and I hereby verify that the statements set forth in the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, W.C. MCQUAIDE, INC. 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. Dated: ~~ _____- Tr vis L. McElha y, Esq ' e CERTIFICATE OF SERVICE I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, W.C. MCQUTADE, INC. was mailed via U.S. first class mail, postage prepaid, upon the following party this ~ ~~ day of August, 2007: Douglas M. Hottle, Esquire Mary C. McGinley, Esqure Meyer, Unkovic & Scott LLP 1300 Oliver Building Pittsburgh, PA 15222 (Counsel for Defendant, W.C. McQuaide, Inc.) Tr is L. McEI aney, Es Counsel for Plaintiff j `~c'l '' ~-•- 4 t ~ ~ ~w '~ ._ f ~ ~ 4 ~~ ~~ ' ~ ~.~, ~"b"~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. CIVIL DIVISION -ARBITRATION No.: 07-4050 Civil Term PRAECIPE TO REINSTATE COMPLAINT 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. #8S63S WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #S94 Two Gateway Center 14~' 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 Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. CIVIL DIVISION -ARBITRATION No.: 07-4050 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, E uire Counsel for Plaintiff r 7 CERTIFICATE OF SERVICE I, Travis L. McElhaney, Esquire, do hereby certify that a true and correct copy of the foregoing PRAECIPE TO REINSTATE COMPLAINT was mailed via U.S. first class mail, postage prepaid, upon the following party this ~ day of August, 2007: Douglas M. Hottle, Esquire Mary C. McGinley, Esqure Meyer, Unkovic & Scott LLP i s' 00 Oliver Building Pittsburgh, PA 15222 (Counsel for Defendant, W.C. McQuaide, Inc.) c Travis L. McElhaney, Es ire Counsel for Plaintiff 7~f ~" ~? ~ c:~ , t?;; ~~ T1 .,~ ~- 0 . c~ ~ , i1', r -.:- ~ r -3 ' ~' ~ b ~ ~ ~ f C 1 ~ °~"" GI's :~ _..~! C.'7 '"~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants: CIVIL DIVISION -ARBITRATION No.: 07-4050 Civil Term PRAECIPE TO SETTLE DISCONTINUE AND END 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 14~' 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 Glenn M. Turley, Plaintiff, vs. BRIAN JAMISON and W.C. MCQUAIDE, INC. Defendants. CIVIL DIVISION -ARBITRATION No.: 07-4050 Civil Term PRAECIFE TO SETTLE DISCONTINUE AND END TO PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP ,~ T avis L. McElhan , Es i e Counsel for Plaintiff Dated: 2 3a ~"? cr~aa C7 ~. -r ~~ C..c^ 9 --r t ~`:: C~ -i~ -, "'~ wd __, ~ _1, .,,.~ ~-~