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HomeMy WebLinkAbout08-1090FILE #02-07-152 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION ALLSTATE INSURANCE COMPANY IN CIVIL ACTION 309 Lakeside Drive, Suite 100 Horsham, PA 19044 _ NO.: OB - ICRo Civil lerN V. PENSKE TRUCK LEASING CO. L.P., INC.: RR 10 Green Hills P.O. Box 391 Reading, PA 19603 And CHRISTOPHER A. LIGHT 307 Perkasie Avenue West Lawn, PA 19609 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 further 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 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le ban demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plaza al partir de la fecha de Is demands y Is notificacion. Hace f tita asentar una comparencia escrita o en persona o con un abogado y entregar a Is corte en forma sus defensas o sus objectiones a las demandas en contra de su persona. Ses avisado que si usted no se defiende Is corte tomara modidas ypuede continuar ila demands en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demands. Usted puede perder dinero o sus propiedaces u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 FILE #02-07-152 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION ALLSTATE INSURANCE COMPANY IN CIVIL ACTION 309 Lakeside Drive, Suite 100 Horsham, PA 19044 _ NO.: o S- /D 96 ('.cu. ?? cam-, V. PENSKE TRUCK LEASING CO. L.P., INC.: RR 10 Green Hills P.O. Box 391 Reading, PA 19603 And CHRISTOPHER A. LIGHT 307 Perkasie Avenue West Lawn, PA 19609 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, Penske Truck Leasing Co., L.P., Inc., is 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, Christopher A. Light, is an adult individual and, at all times pertinent hereto resided at the above-captioned address and was the operator of Defendant Owner's motor vehicle and did so as an agent, 1 I ' servant, workman or employee of the business and on the behalf of the Owner. 4. On July 13, 2006, Plaintiff provided liability insurance, insuring against the risk of loss to Timothy Roelke, hereinafter referred to as the named insured. 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 westbound on Route 581 at or near the intersection with Trindle Road in Camp Hill, Pennsylvania and stopped for traffic. The Defendant was traveling westbound on Route 581 directly behind the insured vehicle. The Defendant failed to maintain a safe following distance and rear ended the insured vehicle causing damages to the insured vehicle. 7. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant driver: a. followed closer than is reasonable and prudent, without regard for the speed of other vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S. § 3310(a); b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; d. operated their vehicle in willful or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; e. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; 2 t ? f. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3310(a), 75 Pa.C.S. § 3361, 75 Pa.C.S. § 3714 and 75 Pa.C.S. § 3736. 8. 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 principles of equity, the statutory and the common law, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $1,496.52. COUNTI PLAINTIFF V. CHRISTOPHER A. LIGHT 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 $1,496.52 plus interest and costs of suit. COUNT II PLAINTIFF V. PENSKE TRUCK LEASING CO. L.P., INC. 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 $1,496.52 plus interest and costs of suit. ?'- z ?" " Stewart C. Crawford, Es it Attorney for Plaintiff "?&61?oe Date: 3 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, Esquii6 Attorney for Plaintiff Date: l 2?? e 4 n , pn D 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS PENSKE TRUCK LEASING CO 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: PENSKE TRUCK LEASING CO LP INC but was unable to locate Them deputized the sheriff of BERKS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 20th , 2008 , this office was in receipt of the attached return from BERKS Sheriff's Docketing Out of Co Surcharge Dep Berks Postage Costs: 18.00 anty 9.00 10.00 Count=y 61.26 1.31 99.57 ? 03/20/2008 STEWART CRAWFORD Sworn and subscribe to before me this day of So answers: R. Thomas Kline Sheriff of Cumb rland County .31.1'ylUf3 ?l A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS PENSKE TRUCK LEASING CO 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: LIGHT CHRISTOPHER A but was unable to locate Him deputized the ;sheriff of BERKS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 20th , 2008 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 ? 03/20/2008 STEWART CRAWFORD So answer?.- R` Thomas Kline" Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. . , , 1 t In The Court of Common Pleas of Cumberland County, Pennsylvania Allstate Insurance Ccmpany vs. Penske Truck Leasing Co LP Inc et al 08-1090 civil SERVE: sane No. Now, February 21, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks 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 So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the copy of the original County, PA S ??tiRTY* Ems- d t? Zs" cod COLTNTY.OF BFRKS, PENNSYLVANIA SHERIFF'S OFFICE Courthouse- 3`d Floor 633 Court Street Phone: 610.478.6240 Reading, PA 19601 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 08-1090 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, JASON WOLFE, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 29, 2008 at 2:00 PM, he served the annexed COMPLAINT IN CIVIL ACTION upon PENSKE TRUCK LEASING CO, LP, INC, within named defendant, by handing a copy thereof to JANICE KLOC, PARA-LEGAL, at RT 10 GREEN HILLS, READING, CUMRU TOWNSHIP, Berks County, Pa., and made known to defendant the contents thereof. DEP TY SHERIFF ERKS CO., PA Sworn and subscribed before me f-tbis 13 r" day of MARCH, 2008 wNc ? LK NOTAR PUB ING, BERKS CO., PA NOTARIAL KAL REBECCA OXENREINR Notary Public RL4000 CITY, KRKS COUNTY MY Ca "1048111m Explros Feb 22, 2012 ESheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 61.26 ACTUAL COST OF CASE $ 38.74 AMOUNT OF REFUND Service made as set forth above. So Answers, SHERRIF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs 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 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Allstate Insurance Company vs. Penske Truck Leasing Co LP Inc et al No _ 08-1090 civil SERVE: Christopher A. Light Now, February 21, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks 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 So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 _ copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA Y. q ti n COUNTY OF BERKS? PENNSYLVANIA SHERIFF'S OFFICE Courthouse- 3`d Floor 633 Court Street Phone: 610.478.6240 Reading, PA 19601 Fax: 610.478.6222 Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 08-1090 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, KYLE PAGERLY, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 27, 2008 at 7:23 PM, he served the annexed COMPLAINT IN CIVIL ACTION upon CHRISTOPHER A. LIGHT, within named defendant, by handing a copy thereof to HIM PERSONALLY, at 307 PERKASIE AVENUE, WEST LAWN, SPRING TOWNSHIP, Berks County, Pa., and made known to defendant the contents thereof. ?? --?-- - - DEPL11Y-SHERIFF-CE RKS CO., PA Sworn and subscribed before me 13TH day of MARCH, 2008 i i-- ' NOTARY PUBL C, READING, BERKS CO., PA NOTARIAL SEA REBECCA OXENREIDER Notary Public RE~aNG CITY, 11111111111113 COUNTY MY COMMM l M Expkat Fob 22, 2012 Sheriff's Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND Service made as set forth above. So Answers, % SH F OF BFRKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part 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 Dedicated to public service with integrity, virtue & excellence www.countvofberks.com/sheriff FILE # 02-07-152 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, ESQUIRE ATTORNEY I.D. NO. 09827 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565-7050 ATTORNEY FOR PLAINTIFF IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, ALLSTATE INSURANCE COMPANY IN CIVIL ACTION V. NO.: 08-1090 PENSKE TRUCK LEASING CHRISTOPHER A. LIGHT ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the record in the above-captioned matter as "Settled, Discontinued and Endear' upon payment of costs. $8.00 Stewart C. Crawford, ESQUIRE DATE: S ( 3 ('Poo-6 Attorney for Plaintiff CE5 ull r rJ t~ 4y..