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HomeMy WebLinkAbout08-1133File #06-07-481 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 CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE IN CIVIL LAW INSURANCE COMPANY P.O. Box 2371 n Bloomington, IL 61702 NO. Q$- (133 CIVI Term V. BENJAMIN T. HUDSON 1905 Dickinson Avenue Camp Hill, PA 17011 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 han demandado a usted en la corte. Si Listed quiere defenderse de estas demandas expuestas en las paginas siguientes, Listed tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace faits asentar una comparencia escrita o en persona o con tin abogado y entregar a In corte en forma sus defensas o sus objectiones a las demandas en contra de sit persona. Ses avisado que si usted no se defiende la corte tomara modidas ypuede continuar ila demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandame y requiera que Listed cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces a otros derechos importantes para Listed. 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. TARYN DIXON, COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 A. File #06-07-481 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 CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE : IN CIVIL LAW INSURANCE COMPANY P.O. Box 2371 : ,_--- Bloomington, IL 61702 NO. V. BENJAMIN T. HUDSON 1905 Dickinson Avenue Camp Hill, PA 17011 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, Benjamin T. Hudson, was the owner and operator of a motor vehicle involved in an incident on January 13, 2007, and at all times pertinent hereto resided at the above-captioned address. 3. On the aforesaid date, Plaintiff provided liability insurance, insuring against the risk of loss to Pamela McGuinness, hereinafter referred to as the named insured. 4. On the aforesaid date, a motor vehicle insured by Plaintiff, hereafter the insured vehicle was involved in an incident with Defendant. 1 A 5. On the aforesaid date, the insured vehicle was traveling westbound on Wertzville Road at or near the intersection with Carol Lane in East Pennsboro, Pennsylvania. The Defendant was traveling eastbound on Wertzville Road directly behind a vehicle driven by Michael Boyle. The vehicle driven by Michael Boyle. The vehicle driven by Micheal Boyle was stopped facing eastbound on Wertzville Road and attempted to make a left turn. The Defendant failed to maintain a safe following distance and rear-ended the vehicle driven by Mr. Boyle, pushing it into the insured vehicle causing damages to the insured vehicle. 6. The Defendant was negligent and careless and the sole cause of this incident in that Defendant: a. 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; b. 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); c. 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; 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; 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. § 3714, 75 Pa.C.S. § 3310(a), 75 Pa.C.S. § 3361, and 75 Pa.C.S. § 3736. 2 7. Plaintiff became liable for damages that arose out of this accident. 8. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental. 9. 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 $16,129.84. WHEREFORE, Plaintiff demands judgment for $16,129.84 interest and costs of suit. Stewart C. Crawford, Esquire Attorney for Plaintiff Date: ?c 1 <> 3 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Stewart C. Crawford, Esquire Attorney for Plaintiff Date: l? 1 4 70 ?.? n 9 P '. n -n L.) D { C" 3 < 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01133 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STATE FARM MUTUAL AUTOMOBILE VS HUDSON BENJAMIN T R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HUDSON BENJAMIN T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT HUDSON BENJAMIN T 1905 DICKINSON AVENUE CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT ADDRESS GIVEN. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 00 .40 0 47 So answer - r 6 . R . Trio s Kline Sheriff of C mberland County STEWART CRAWFORD 02/28/2008 Sworn and Subscribed to before me this day of A. D. File #06-07-481 LAW F E OF STEWART C. CRAWFORD & ASSOCIATES BY- t RT C. CRAWFORD, ESQUIRE NEY I.D. NO. 09827 RTH MONROE STREET ATTORNEY FOR PLAINTIFF C), DIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE IN CIVIL LAW INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 NO. O'$ - 1133 ??V?? 1 ?°-rN1 V. BENJAMIN T. HUDSON 1905 Dickinson Avenue Camp Hill, PA 17011 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 ajudgment 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 han demandado a usted en la corte. Si Listed quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la feclra de la demands y Is notificacion. Hace faita asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma sus defensas o sus objectiones a las demandas en contra de su persona. Ses avisado que si Listed no se defiende la carte tomara modidas ypuede continuar ila demanda en contra suya sin previo aviso o notificacion. Ademas, la carte puede decidir a favor del demandante y requiera que Listed cumpia con todas ]as provisions de esta demands. Usted puede perder dinero o sus propiedaces a otros derechos importantes pars Listed. 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. TARYN DIXON, COURT ADMINISTRATOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 I WE COPY FROM RECORD In ` a tmony whored, 1 here unto sat MY hand 4nd ft 50 01 said Court at WHO, Pa. File #0 KFFE 81 LA OF STEWART C. CRAWFORD & ASSOCIATES EWART C. CRAWFORD, ESQUIRE ZORNEY I.D. NO. 09827 0223 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 STATE FARM MUTUAL AUTOMOBILE : IN CIVIL LAW INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 NO. V. BENJAMIN T. HUDSON 1905 Dickinson Avenue Camp Hill, PA 17011 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, Benjamin T. Hudson, was the owner and operator of a motor vehicle involved in an incident on January 13, 2007, and at all times pertinent hereto resided at the above-captioned address. 3. On the aforesaid date, Plaintiff provided liability insurance, insuring against the risk of loss to Pamela McGuinness, hereinafter referred to as the named insured. 4. On the aforesaid date, a motor vehicle insured by Plaintiff, hereafter the insured vehicle was involved in an incident with Defendant. 1 5. On the aforesaid date, the insured vehicle was traveling westbound on Wertzville Road at or near the intersection with Carol Lane in East Pennsboro, Pennsylvania. The Defendant was traveling eastbound on Wertzville Road directly behind a vehicle driven by Michael Boyle. The vehicle driven by Michael Boyle. The vehicle driven by Micheal Boyle was stopped facing eastbound on Wertzville Road and attempted to make a left turn. The Defendant failed to maintain a safe following distance and rear-ended the vehicle driven by Mr. Boyle, pushing it into the insured vehicle causing damages to the insured vehicle. 6. The Defendant was negligent and careless and the sole cause of this incident in that Defendant: a. 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; b. 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); c. 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; 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; 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. § 3714, 75 Pa.C.S. § 3310(a), 75 Pa.C.S. § 3361, and 75 Pa.C.S. § 3736. 2 ..« 7. Plaintiff became liable for damages that arose out of this accident. 8. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental. 9. 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 $16,129.84. WHEREFORE, Plaintiff demands judgment for $16,129.84 interest and costs of suit. rrr,.? Stewart C. Crawford, Esquire Attorney for Plaintiff 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. 4el; Stewart C. Crawford, Esquire Attorney for Plaintiff Date: 4 LS.EdIZOIJ0001 "k i 't 4, ;,"; v _,o ?3I81NS -; I, ?0 --]:DIJ J0 FILE # 06-07-481 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 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V. IN CIVIL ACTION NO.: 08-1133 BENJAMIN T. HUDSON ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the record in the above-captioned matter as "Settled, Discontinued and Ended" upon payment of costs. $8.00 DATE: Stewart C. Crawford, ESQUIRE Attorney for Plaintiff ? ??_? ?::? ?„,, =rf ?? ? _ .. 4 '.?k! i? x ? w. ? / " 1 ? ? ^ . W ??.:"? -"" # S? ' ?? _ l.-? t? i ?''