HomeMy WebLinkAbout07-5837
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Phillip and Tracy Smiley,
Plaintiff,
VS.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
Defendants.
CIVIL DIVISION - ARBITRATION
No.: 07 - _837 0iv (- c Tet*1
CIVIL 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. #85635
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY, LLP
Firm #594
Two Gateway Center
14th Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION
AUTOMOBILE INSURANCE
COMPANY as subrogee of No.:
Phillip and Tracy Smiley,
Plaintiff,
VS.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Phillip and Tracy Smiley,
Plaintiff,
vs.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
Defendants.
CIVIL DIVISION - ARBITRATION
No.: G17- _5-.p.37 &,? _1c4--
COMPLAINT
AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Phillip and Tracy Smiley, 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
Phillip and Tracy Smiley, 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. Phillip and Tracy Smiley are adult individuals residing at 400 West Elmwood
Avenue, Mechanicsburg, Pennsylvania 17055.
3. Defendant, Jamiere D. Burgess-Cobb, is an adult individual residing at 1503
Vernon Street, Harrisburg, Pennsylvania 17104.
4. Defendant, Anthony Cobb, is an adult individual residing at 1503 Vernon Street,
Harrisburg, Pennsylvania 17104
5. At all times relevant hereto, Phillip and Tracy Smiley were the owners of a 1998
Dodge Ram automobile.
6. At all times relevant hereto, the Smileys maintained a policy of automobile
insurance with State Farm which covered their aforementioned vehicle.
7. Pursuant to its policy of insurance, State Farm retains subrogation rights against
any party liable for causing damage to the Smiley's aforementioned vehicle.
8. At all times relevant hereto, Anthony Cobb was the owner of a 1992 Toyota
Camry automobile bearing Pennsylvania license plate number DVN8875.
9. At all times relevant hereto, Jamiere Burgess-Cobb was operating Anthony
Cobb's aforementioned vehicle and was doing so with his permission.
10. On or about March 23, 2007, Phillip Smiley was driving the Smiley's vehicle
south on North Walnut Street in Mechanicsburg, Pennsylvania, at or near its intersection with
Strawberry Alley.
11. At all times relevant hereto, the aforementioned intersection was controlled by a
posted stop sign for traffic on Strawberry Alley, while traffic on North Walnut Street had the
right of way.
12. Suddenly and without warning, Jamiere D. Burgess-Cobb, who had been traveling
east on Strawberry Alley, did enter the intersection without stopping at the posted stop sign and
did strike the Smiley's vehicle, causing damage thereto.
13. The force of the aforementioned collision pushed the Smiley's vehicle into a 2004
Toyota 4 Runner, operated by Curt Bradley, causing additional damages to the Smiley's vehicle.
14. At all times relevant hereto, Phillip Smiley was proceeding in a lawful manner
and had the right of way.
15. As a result of the aforementioned incident, the injuries sustained by Phillip
Smiley include but are not limited to the following, which are or may be permanent in nature:
a. Injuries to his back;
b. Injuries to his neck;
C. Injuries to his shoulders;
d. Injuries to his head; and
e. Possible serious and/or other permanent injuries.
16. As a result of these injuries, Phillip Smiley has sustained the following damages:
a. He has endured and may continue to endure pain,
suffer inconvenience, embarrassment, mental
anguish, and emotional and psychological trauma;
b. He has been and may continue to be required to
expend some of his money for medical treatment and
care, medical supplies, rehabilitation, medicines, and
other attendant services;
C. His general health, strength, and vitality have been
impaired;
d. He has been and may in the future be unable to enjoy
various pleasures of life that he previously enjoyed;
and
e. He has and may continue to suffer lost wages and/or
earnings capacity.
17. In addition to the aforementioned injuries and damages, the Smileys have suffered
damage to their vehicle and expenses associated with the use of a rental vehicle.
18. Pursuant to its policy of insurance with Phillip and Tracy Smiley, Plaintiff State
Farm paid damages in the amount of $5,578.58 as a result of the aforementioned injuries and
damages suffered by the Smileys.
COUNT I - NEGLIGENCE
State Farm Mutual Automobile Insurance Company
as subrogee of Phillip and Tracy Smiley y Jamiere D Burgess Cobb
19. Paragraphs 1-18 above are incorporated by reference herein as if more fully set
forth at length below.
20. The careless, negligent and reckless conduct of Jamiere D. Burgess-Cobb was the
direct and proximate cause of the damages suffered by the Smileys, 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 failing to keep a safe and proper lookout as he
approached the intersection;
d. In failing to stop for a posted stop sign;
e. In failing to yield the right of way to Phillip Smiley;
f. In failing to recognize that Phillip Smiley had
control of the intersection;
g. In entering Phillip Smiley's lane of travel;
h. In failing to use his brakes or braking mechanisms;
i. In striking the Smiley's vehicle;
j. In failing to avoid striking the Smiley's vehicle;
k. In pushing the Smiley's vehicle into Bradley's
vehicle.
1. In operating his vehicle in a careless, negligent and
reckless manner;
M. In operating his vehicle in violation of the
Pennsylvania Motor Vehicle Code; and
n. In failing to provide the Smileys with the standard of
care owed to them under the existing circumstances.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Phillip and Tracy Smiley, demands judgment in its favor and against the defendant,
Jamiere D. Burgess-Cobb, in the amount of $5,578.58, exclusive of interest and costs.
COUNT II - NEGLIGENCE
State Farm Mutual Automobile Insurance Companv
as subrogee of Phillip and Tracy Smiley v Anthony Cobb
21. Paragraphs 1-20 above are incorporated by reference herein as if more fully set
forth at length below.
22. The careless, negligent and reckless conduct of Anthony Cobb was the direct and
proximate cause of the damages suffered by the Smileys, and that conduct is more particularly
set forth in the lettered paragraphs below:
a. In entrusting the use of his vehicle to Jamiere D.
Burgess-Cobb when he knew or should have known
that Jamiere D. Burgess-Cobb would operate it in a
careless, negligent and reckless manner;
b. In entrusting the use of his vehicle to Jamiere D.
Burgess-Cobb when he knew or should have known
that Jamiere D. Burgess-Cobb would act or omit to
act as described in paragraph 18;
In entrusting the use of his vehicle to Jamiere D.
Burgess-Cobb when he knew or should have known
that Jamiere D. Burgess-Cobb would operate it in
violation of the Pennsylvania Motor Vehicle Code;
and
d. In failing to provide the Smileys with the standard of
care owed to them under the existing circumstances.
WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as
subrogee of Phillip and Tracy Smiley, demands judgment in its favor and against the defendant,
Anthony Cobb, in the amount of $5,578.58, 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 plaintiff's 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.
Travis L. McElhaney, Esquire -J
Dated: LOA/d-P .
C,Z)
00
00
d
O
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
PHILLIP and TRACY SMILEY,
Plaintiff .
VS.
JAMIERE D. BURGESS-COBB and
ANTHONY COBB,
Defendants .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-5837 CIVIL TERM
CIVIL ACTION - ARBITRATION
DEFENDANT ANTHONY COBB'S ANSWER TO COMPLAINT
AND NOW, comes Defendant ANTHONY COBB, Pro Se, who files his
Answer as follows, to wit:
1. Admitted.
2. Admitted.
3. Denied and, by way of further answer, it is averred that
Defendant Jamiere D. Burgess-Cobb does not reside at 1503 Vernon
Street, Harrisburg, PA 17104.
4. Denied and, by way of further answer, it is averred that
Defendant Anthony Cobb resides at 2308 Brookwood Street, Apt. 1,
Harrisburg, PA 17104
5. Admitted.
6. After reasonable investigation, Defendant Anthony Cobb is
without knowledge as to the truth of the averments and proof
thereof is hereby demanded.
7. The averments represent a conclusion of law for which no
responsive pleading is required.
8. Admitted.
9. Admitted in part and denied in part. By way of further
- 1 -
answer, it is admitted that Defendant Jamiere D. Burgess-Cobb was
operating Defendant Anthony Cobb's vehicle at the time of the
accident but it is denied that she was doing so with his
knowledge or permission.
10. Admitted and, by way of further answer, it is averred that,
as he approached the intersection of North Walnut Street and
Strawberry Alley Philip Smiley was operating his vehicle at an
excessive rate of speed, in a careless and reckless and negligent
manner with disregard for the presence of other vehicles on the
roadway, and in violation of the Pennsylvania Motor Vehicle Code.
11. Admitted.
12. Denied and, by way of further answer, it is averred that
Defendant Jamiere D. Burgess-Cobb only entered into the
intersection of North Walnut Street and Strawberry Alley after
stopping at the stop sign thereat and looking for other oncoming
traffic.
13. Admitted.
14. Denied for the reasons more fully set forth in Paragraph 10
hereof.
15. After reasonable investigation, Defendant Anthony Cobb is
without knowledge as to the truth of the averments and proof
thereof is hereby demanded.
16. After reasonable investigation, Defendant Anthony Cobb is
without knowledge as to the truth of the averments and proof
thereof is hereby demanded.
17. After reasonable investigation, Defendant Anthony Cobb is
- 2 -
v
without knowledge as to the truth of the averments and proof
thereof is hereby demanded.
18. After reasonable investigation, Defendant Anthony Cobb is
without knowledge as to the truth of the averments and proof
thereof is hereby demanded.
COUNT I.
19. The answers to Paragraphs 1 through 18 hereof are
incorporated herein by reference thereto.
20. Denied for the reasons more fully set forth in Paragraphs
10 and 12 hereof.
WHEREFORE, Defendant Anthony Cobb requests your
Honorable Court deny Plaintiff its prayed for relief.
COUNT II.
21. The answers to Paragraphs 1 through 20 hereof are
incorporated herein by reference thereto.
22. Denied and, by way of further answer, it is averred that,
Defendant Anthony Cobb did not know of Defendant Jamiere D.
Burgess-Cobb's use of his vehicle at the time of the accident nor
give her permission to use it then but even if she had been then
operating the vehicle with his knowledge and permission he
would have no reason to believe she would do so in a reckless,
careless or negligent fashion or in violation of the Pennsylvania
Motor Vehicle Code.
- 3 -
WHEREFORE, Defendant Anthony Cobb prays your Honorable
Court deny Plaintiff its prayed for relief.
DATED: 1111("14(
Respectfully submitted,
P
ANTHONY COBB, Defendant Pro Se
2308 Brookwood Street, Apt. 1
Harrisburg, PA 17104
(717) 695-6871
- 4 -
VERIFICATION
I verify that the statements made in the foregoing Answer are
true and correct. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED : 1/,& /:5 7 /,. v'/
THONY OBB
STATE FARM MUTUAL IN THE COURT OF COMMON PLEAS
AUTOMOBILE INSURANCE CUMBERLAND COUNTY, PENNSYLVANIA
COMPANY as subrogee of
PHILLIP and TRACY SMILEY, NO. 07-5837 CIVIL TERM
Plaintiff .
VS.
JAMIERE D. BURGESS-COBB and CIVIL ACTION - ARBITRATION
ANTHONY COBB,
Defendants .
CERTIFICATE OF SERVICE
I, Anthony Cobb, do hereby certify that on this 14 44 day of
November, 2007, I served a copy of Defendant Anthony Cobb's Answer to
Complaint by depositing same in the United States Post Office, First
Class Mail, Postage paid, at Harrisburg, Pennsylvania, as follows:
Travis L. McElhaney, Esq.
Christopher P. Deegan, Esq.
Weber Gallagher Simpson Stapleton
Fires & Newby, LLP
Two Gateway Center, 14th Floor
Pittsburgh, PA 15222
DATED : f l k /o
ANTHONY COBB, Defendant Pro Se
2308 Brookwood Street, Apt. 1
Harrisburg, PA 17104
(717) 695-6871
r-J,
- `
,4 Y
SHERIFF'S RETURN - OUT OF COUNTY
r ?
CASE NO: 2007-05837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM MUTUAL AUTOMOBILE
VS
COBB JAMIERE D BURGESS 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 , to wit:
l"1P?TlT1 TT ART=I Tn Tl T,),T rorl LT 00
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On November 15th , 2007 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers„/
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin County 35.25 Sheriff of Cumberland County
Postage 1.82
b 74.07
11/15/2007
1 WEBER GALLAGHER SIMPSON
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
r
CASE NO: 2007-05837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM MUTUAL AUTOMOBILE
VS
COBB JAMIERE D BURGESS 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
COBB ANTHONY
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On November 15th , 2007 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers.:.,--?
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
/ b'( .00 Sheriff of Cumberland County
? 00
16.00
11/15/2007
WEBER GALLAGHER SIMPSON
Sworn and subscribe to before me
this day of
to wit:
in his bailiwick. He therefore
A. D.
r Jn the Court of Common Pleas of Cumberland County, Pennsylvania
State Farm Mutual Automobile Insurance Company
vs.
Janiere D. Burgess-Cobb et al
SERVE: same No. 07-5837 civil
Now October 18, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
20 , at o'clock M. served the
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
$
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
State Farm Mutual Automobile Insurance company
vs.
Janiere D. Burgess-Cobb et al
SERVE: Anthony Cobb No. 07-5837 civil
Now, October 18, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, _
within
20 , at o'clock
upon
at
by handing to
a
and made known to
Sworn and subscribed before
me this day of , 20
copy of the original
M. served the
the contents thereof.
So answers,
Sheriff of
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
t
Mary Jane Snyder
Real Estate Depu
William T. Tully
Solicitor
Jack Lotwick
Sheriff
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
VS
County of Dauphin
Sheriff s Return
No. 2007-T-1489
OTHER COUNTY NO. 07-5837
And now: OCTOBER 25, 2007 at 12:08:00 PM served the within NOTICE & COMPLAINT upon
JAMIERE D BURGESS-COBB by personally handing to ANTHONY COBB true attested copies of
the original NOTICE & COMPLAINT and making known to him/her the contents thereof at
1503 VERNON STREET
HARRISBURG, PA 17104-0000
Sworn and subscribed to So Answers,
before me this 6TH day of November, 2007 leAlc ..
Ai? -
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
LsMy Commission Ex ires Set 1 2010
f t.t Elf t1l e ? Itcrf
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
She ,i,.ff ' )whin. County, Pa.
C;f
Deputy Sheriff- c
Deputy: T QUIGLEY
Sheriffs Costs: $35.25 10/22/2007
s
(pili't.t, of ttl e' r p?r*
Mary Jane Snder
Real Estate Depu
Charles E. Sheaffer
Chief Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
VS
Sheriffs Return
No. 2007-T-1489
OTHER COUNTY NO. 07-5837
And now: OCTOBER 25, 2007 at 12:08:00 PM served the within NOTICE & COMPLAINT upon
ANTHONY COBB by personally handing to ANTHONY COBB true attested copies of the original
NOTICE & COMPLAINT and making known to him/her the contents thereof at
1503 VERNON STREET
HARRISBURG, PA 17104-0000
Sworn and subscribed to So Answers,
before me this 6TH day of November, 2007 ? ?? e?
?
A T4 -
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
r My Expires Set 1, 2010
Sheriff of Dauphin County, Pay
Deputy Sheriff k "
Deputy: T QUIGLEY
Sheriffs Costs: $35.25 10/22/2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Phillip and Tracy Smiley,
CIVIL DIVISION - ARBITRATION
No.: 07-5837 Civil Term
Plaintiff,
PLAINTIFF'S PRAECIPE FOR
vs. DEFAULT JUDGMENT PURSUANT
TO Pa.R.C.P. I037(b)
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
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
14`" Floor
Pittsburgh, PA 15222
(412) 281-4541
(412) 281-4547 fax
.,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Phillip and Tracy Smiley,
Plaintiff,
vs.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
Defendants.
CIVIL DIVISION - ARBITRATION
No.: 07-5837 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 Phillip and Tracy Smiley and against defendant Jamiere D. Burgess-
Cobb ONLY for failure to file an Answer or otherwise respond in the above-captioned action
within twenty (20) days of the date of service of the Complaint, and assess plaintiff's damages
against defendant Jamiere D. Burgess-Cobb in the amount of $5,578.58.
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 Praecipe are true and
correct and are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn
falsifications to authorities.
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & N WBY LLP
Trays L. McEI ey, Esq r
Dated: Counsel for Plaintiff
I*
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL CIVIL DIVISION
AUTOMOBILE INSURANCE
COMPANY as subrogee of No. 07-5837 Civil
Phillip and Tracy Smiley,
Plaintiff,
VS.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
Defendants.
TO: Jamiere D. Burgess-Cobb
1503 Vernon Street
Harrisburg, PA 17104-0000
Date of Notice: November 28, 2007
IMPORTANT NOTICE
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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street, Carlisle, PA 17013
Telephone: (800) 990-9108
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY LLP
lrfa,(j (' ecg:?7
A ravis L. McElh ey quire
Counsel for Plaintiff
I . I%
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiffs
Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1037(b) Was served upon the following
defendants by Certified U.S. Mail, postage prepaid, this day of January, 2008, to the
following:
Jamiere D. Burgess-Cobb
1503 Vernon Street
Harrisburg, PA 17104
Anthony Cobb
2308 Brookwood Street, Apt. 1
Harrisburg, PA 17104
(via first class mail)
Travis L. McElh ey, Esq
Counsel for Plaintiff
c?
C % <--ate -Y-?
iL> r-
WQ o? 7? ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY as subrogee of
Phillip and Tracy Smiley,
CIVIL DIVISION - ARBITRATION
No.: 07-5837 Civil Term
Plaintiff,
vs.
JAMIERE D. BURGESS-COBB
and ANTHONY COBB,
Defendants.
236 NOTICE
NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER
HAS BEEN ENTERED AGAINST YOU.
IF YOU HAVE ANY QUESTIONS
CONTACT:
P thonotary berfd County
?ln/o8
CONCERNING THE ABOVE, PLEASE
Tr is L. McEI aney, Esquir
PA I.D. No.: 204023
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY LLP
Two Gateway Center - Suite 1450
603 Stanwix Street
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
Phillip and Tracy Smiley,
Plaintiff,
vs.
Jamiere D. Burgess-Cobb
and Anthony Cobb,
Defendant.
CIVIL DIVISION
No.: 07-5837 Civil Term
AFFIDAVIT
I, Travis L. McElhaney, Esquire, do hereby certify that the judgment entered against the
above named defendant, Jamiere D. Burgess-Cobb ONLY, was the result of a motor vehicle
accident that occurred on or about March 23, 2007.
I also verify that the statements in this Affidavit 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
Unworn Falsification to Authorities. -V? lz?2e
Date:
Travis L. McElh ey, Es .re
PA I.D. No.: 204023
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY LLP
Two Gateway Center - Suite 1450
603 Stanwix Street
Pittsburgh, PA 15222
(412) 281-4541
Sworn to and Subscribed
before me this 9 ?* day
of 200g A.D.
OTARY tUB?C
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kathleen Zaehringer-Zi ko, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Aug. 29, 2009
Member, Pennsylvania. Association of Notaries
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