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HomeMy WebLinkAbout01-6411Clarence W. Shields, Jr., Plaintiff Mark T. Blackburn, Progressive Insurance, and Farmers New Century Insurance Company, c/o Beverly, Incorporated, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: d>l- 6..t4 t t JLrRy TRIAL DEMANDED* 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 judgement 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(s). 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Clarence W. Shields, Jr., Plaintiff Mark T. Blackburn, : Progressive Insurance, and Farmers : New Century Insurance Company, : c/o Beverly, Incorporated, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: O1--- (..c/ti JURY TRIAL DEMANDED* NOTICIA Le han demandado a usted en la cone. Si usted quiere defendarse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la feha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en comra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Clarence W. Shields, Jr., Plaintiff Mark T. Blackburn, Progressive Insurance, and Farmers New Century Insurance Company, c/o Beverly, Incorporated, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: C>l-- 6, qtt t JURY TRIAL DEMANDED* COMPLAINT Clarence W. Shields, Jr., Plaintiff, by his undersigned Attorney, THE LAW OFFICES OF PAUL B. ORR, Paul Bradford Orr, Esquire, claim damages of the Defendants upon a cause of action of which the following is a statement: 1. Plaimiff Clarence W. Shield, Jr. ("Shields"), is a resident of the Commonwealth of Pennsylvania who resides at 6480 Wertzville Road, Enola, Pennsylvania 17025. 2. Defendant Mark. T. Blackburn ("Blackburn"), is an adult individual and resident of the Commonwealth of Pennsylvania who resides at 2330 Dusty Lane, Enola, Pennsylvania 17025. 3. Defendant Progressive Insurance, ("Progressive"), Defendant's insurance company, is an insurance company with their place of business at 5053 Ritter Road, Suite 101, Meehaniesburg, Pennsylvania 17055. 4. Defendant Farmers New Century Insurance Company, c/o Beverly Incorporated, ("Farmers"), PlaintiWs insurance company, is an insurance company with their place of business at P.O. Box 4838, Timonuim, Maryland 21094. 5. The facts and occurrences hereinafter related took place on or about February 25, 2000 at approximately 7:30 p.m. on or close to the intersection of Old Willow Mill Road and Page -1- Wertzville Road, Mechanicsburg, Pennsylvania. 6. At that time and place, Shield's vehicle (driven by Linda K. Ritter) was traveling in a westbound direction on Wertzville Road, approaching the intersection of Wertzville Road and Old Willow Mill Road. 7. At that time and place, Blackburn was operating his vehicle in a northbound direction on Old Willow Mill Road, approaching the intersection of Wertzville Road and Old Willow Mill Road. 8. At the stated location, Old Willow Mill Road is a two-lane roadway, which travels north and south, and which intersects with Wertzville Road and has a properly posted stop sign. 9. At the stated location, Wertzville Road is a two-lane roadway, which travels east and west and intersects with Old Willow Mill Road on the south side of the intersection and Millers Gap Road on the north side of the intersection. There is no stop sign at this location on Wertzville Road. 10. Ritter was traveling West on Wertzville Road when Blackburn failed to stop at the properly posted stop sign on Old Willow Mill Road and collided with Ritter who was passing through the intersection. Both units collided within the intersection and after initial contact, Blackburn continued approximately 20 feet west of the intersection, while Ritter had a second impact with a concrete wall at 6996 Wertzville Road. 11. During the accident investigation, the officer did observe skid marks that were left by Blackburn that began prior to the stop sign on Old Willow Mill Road and continued into the eastbound lane of Wertzville to roughly the point of impact. 12. The officer did serve a search warrant at Holy Spirit Hospital to obtain Page -2- Blackburn's Blood/Alcohol Level. Blakcburn's Medical Blood/Alcohol Level was determined to be in the range of. 103 to. 127%. 13. Mr. Shield's vehicle, a 1986 Ford Bronco II, Registration Plate BFB0021, was totaled in the accident and was towed t~om the scene by Henry's Towing. 14. By reason of the aforesaid situation, Shields was forced to incur storage expenses for the vehicle, and claim is made therefor. 15. By reason of the aforesaid situation, Shields was forced to deal with the inconvenience of not having his vehicle to drive for several months and to incur expenses for a substitute vehicle and claim is made therefore. 16. Prior to the accident, Mr. Shields made improvements to the Bronco II with total parts and installation costs of $5,651.90, and claim is made therefore. 17. Prior to the accident, Mr. Shields replaced the engine, transfer case and transmission for a total cost of $778.79, and claim is made therefor. 18. Because of the aforementioned extensive repairs to the Bronco II prior to the accident, Mr. Shields avers that the property damage offered by Progressive for his vehicle, $3,129.12, is extremely low and unacceptable. COUNT I NEGLIGENCE 19. Plalntiffincorporates by reference the allegations set forth in paragraphs 1 through 18 as though the same were fully set forth at length herein. 20. The foregoing accident and all of the expenses and damages set forth in this Page -3- Complaint are the direct and proximate cause of the negligent, careless, wanton and reckless manner in which Blackburn operated his motor vehicle as follows: 1. Failure to stop at a stop sign; 2. Driving while intoxicated; 3. Failure to keep alert and maintain a proper watch for vehicles traveling along the highway; 4. Failure to keep proper and adequate control over his vehicle; 5. Driving his vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 21. Punitive damages are appropriate under these circumstances. WHEREFORE, Plaintiffdemands judgement against Defendants in an amount in excess of the mandatory arbitration limits. COUNT II LOSS OF CONSORTIUM 22. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 21 as though the same were fully set forth at length herein. 22. As a result of Defendant's negligence, Plaintiff has been deprived of the society, companionship, contributions, and consortium of his common law wife, Linda Ritter, to his great detriment and loss. 23. As a result of Defendant's negligence, Plaintiff has incurred and will in the future Page -4- incur large medical bills and expenses to treat his wife's injuries. 24. As a result of Defendant's negligence, Plaintiff has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. 25. As a result of Defendant's negligence, Plalntiffhas suffered and/or continues to suffer from his common law wife's loss of earnings and/or earning capacity and/or may in the future suffer from her loss of earnings and/or earning capacity. WHEREFORE, Plaintiff demands judgement against Defendants in an amount in excess of the mandatory arbitration limits. COUNT m NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 25. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 24 as though the same were fully set forth at length herein. 26. At the time of the aforesaid accident, Plalntiffwas the common law husband of the injured, Linda Ritter. 26. At the time of the aforesaid accident, Plalntiffwas driving in his vehicle directly in front of the injured, Linda Ritter in her vehicle. He saw in his rearview mirror the two cars colliding and the injured's car crash into a cement wall. Plaintiff subsequently got out of his car, and ran over to the car where his common law wife, Linda Ritter was. Plaintiff observed the results of the accident and remained with his common law wife while waiting for the ambulance. 27. As a direct and proximate result of Defendant's negligence and Plaintiff's sensory and contemporaneous observation of both the accident and the injures to his common law wife, Plaintiff experienced severe emotional distress and extreme mental pain and suffering. Page -5- WHEREFORE, Plaintiffdemands judgement against Defendants in an amount in excess of the mandatory arbitration limits. Respectfully Submitted, Paul Bradford Orr, Esquire Attorney for Plaintiff' 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 Page -6- Clarence W. Shields, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Mark T. Blackburn, Progressive Insurance, and Farmers : New Century Insurance Company, c/o Beverly, Incorporated, : Defendants No.: JURY TRIAL DEMANDED* CERTIFICATE OF SERVICE I hereby certify that on this date, November 13, 2001, I mailed a true copy of Complaint to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, remm receipt requested, delivered to addressee only: Veronica Shirk Progressive Insurance 5053 Ritter Road, Suite 101 Mechanicsburg, PA 17055 Mark T. Blackburn 2330 Dusty Lane Enola, PA 17025 Farmers New Century Insurance Company c/o Beverly Incorporated PO Box 4838 TimollO~, MD 21094 ~ ~ PAUL BRADFORD ORR, ESQUIRE Clarence W. Shields, Jr., Plaintiff Vo Mark T. Blackburn, Progressive Insurance, and Fa,mers New Cemury Insurance Company, c/o Beverly, Incorporated, Defena~ts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.' JURY TRIAL DEMANDED* VERIFICATION The undersigned hereby certify that the foregoing statements with are within my personal knowledge are true and those which are based on information received fxom others is believed to be true. It is understood that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities. c enee .... CLARENCE W. SHIELDS, JR., Plaintiff, MARK T. BLACKBURN, PROGRESSIVE INSURANCE, and FARMERS NEW CENTURY INSURANCE COMPANY, cio BEVERLY, INCORPORATED, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 01-6411 Civil Term commenced this action by filing a Complaint. 1. On or about November13, 2001, Plaintiff, ClarenceW. Shields, Jr., PROGRESSIVE INSURANCE 2. The Complaint arises out of an automobile accident that occurred on February 25, 2000, at approximately 7:30 p.m., at the intersection of Old Willow Mill Road and Wertzville Road, Mechanicsburg, Pennsylvania. 3. The accident occurred when a vehicle owned by the Plaintiff was being operated by Linda K. Ritter and collided with a vehicle being operated by Defendant, Mark T. Blackburn. 4. The Complaint contains three counts, one for negligence, one for loss of consortium, and one for negligent infliction of emotional distress. 5. All three counts seek recovery based upon the alleged "negligence" of the Defendants. 6. No allegation exists in the Complaint that Progressive was involved in the accident. PRELIMINARY OBJECTIONS OF DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED 7. As a matter of law, a Claimant cannot maintain a direct action against an insurance carrier that insures a tortfeasor involved in an accident. See, e.g., Strutz v. State Farm Mutual Insurance Company, 415 Pa. Super. 371,609 A.2d 569 (1992). WHEREFORE, Defendant Progressive Insurance urges this Honorable Court to grant the preliminary objection and dismiss it from the action. Respectfully submitted, James G. Nealon, Ill, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICE AND NOW, this ~;~0~ day of November, 2001, I hereby certify that I have served the foregoing PRELIMINARY OBJECTIONS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul Bradford Orr, Esquire THE LAW OFFICES OF PAUL BRADFORD ORR 50 East High Street Carlisle, PA 17013 FARMERS NEW CENTURY INSURANCE COMPANY c/o Beverly, Inc. P.O. Box 4838 Timonium, MD 21094 ~ JAMES G. NEALON, Ill, ESQUIRE CLARENCE W. SHIELDS, JR., Plaintiff, MARK T. BLACKBURN, PROGRESSIVE INSURANCE, and FARMERS NEW CENTURY INSURANCE COMPANY, cio BEVERLY, INCORPORATED, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 01-6411 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendants Mark T. Blackburn and Progressive Insurance with regard to the above-captioned matter. Date: //Z~P~(~/ Respectfully submitted, NEA~LON & GOVEf~ By: James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ~-4'~day of November, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul Bradford Orr, Esquire THE LAW OFFICES OF PAUL BRADFORD ORR 50 East High Street Carlisle, PA 17013 FARMERS NEW CENTURY INSURANCE COMPANY c/o Beverly, Inc. P.O. Box 4838 Timonium, MD 21094 JAMES G. NEALON, III, ESQUIRE CLARENCE W. SHIELDS, JR., Plaintiff, MARK T. BLACKBURN, PROGRESSIVE INSURANCE, and FARMERS NEW CENTURY INSURANCE COMPANY, cio BEVERLY, INCORPORATED, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 01-6411 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT PROGRESSIVE INSURANCF 1. On or about November13, 2001, Plaintiff, Clarence W. Shields, Jr., commenced this action by filing a Complaint. 2. The Complaint adses out of an automobile accident that occurred on February 25, 2000, at approximately 7:30 p.m., at the intersection of Old Willow Mill Road and Wertzville Road, Mechanicsburg, Pennsylvania. 3. The accident occurred when a vehicle owned by the Plaintiff was being operated by Linda K. Ritter and collided with a vehicle being operated by Defendant, Mark T. Blackburn. 4. The Complaint contains three counts, one for negligence, one for loss of consortium, and one for negligent infliction of emotional distress. 5. All three counts seek recovery based upon the alleged "negligence" of the Defendants. accident. No allegation exists in the Complaint that Progressive was involved in the 7. As a matter of law, a Claimant cannot maintain a direct action against an insurance carrier that insures a tortfeasor involved in an accident. See, e.g., Strutz v. State Farm Mutual Insurance Company, 415 Pa. Super. 371,609 A.2d 569 (1992). WHEREFORE, Defendant Progressive Insurance urges this Honorable Court to grant the preliminary objection and dismiss it from the action. Respectfully submitted, NEALON & ~OV,~~ By: ~-~ James G. Nealon, III, Esquire I.D. Cf: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 2 CERTIFICATE OF SERVICF AND NOW, this J~/~ day of November, 2001, I hereby certify that I have served the foregoing PRELIMINARY OBJECTIONS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul Bradford Orr, Esquire THE LAW OFFICES OF PAUL BRADFORD ORR 50 East High Street Carlisle, PA 17013 FARMERS NEW CENTURY INSURANCE COMPANY cio Bevedy, Inc. P.O. Box 4838 Timonium, MD 21094 JAMES G. NEALON, III, ESQUIRE CLARENCE W. SHIELDS, JR., Plaintiff, V. MARK T. BLACKBURN, PROGRESSIVE INSURANCE, and FARMERS NEW CENTURY INSURANCE COMPANY, cio BEVERLY, INCORPORATED, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 01-6411 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCF TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendants Mark T. Blackburn and Progressive Insurance with regard to the above-captioned matter. Date: Respectfully submitted, NEA~LON & GOVE James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-99O0 CERTIFICATE OF SERVICE ~d ~ ~ No-vem - AND NOW, this a ber, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paul Bradford Orr, Esquire THE LAW OFFICES OF PAUL BRADFORD ORR 50 East High Street Carlisle, PA 17013 FARMERS NEW CENTURY INSURANCE COMPANY cio Bevedy, Inc. P.O. Box 4838 Timonium, MD 21094 JAMES G. NEALON, Ill, ESQUIRE CLARENCE W. SHIELDS, JR. Plaintiff MARK T. BLACKBURN, PROGRESSIVE INSURANCE, AND FARMERS NEW CENTURY INSURANCE COMPANY, CIO BEVERLY, INCORPORATED Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW DOCKET NO: 01-6411 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on Insurance Company, ONLY. behalf of Defendant, Farmers New Century MARSHALL & HADDICK, P.C. Chades E. Haddick, Jr., Esquire Attorney I.D. No: 55666 Lori Adamcik Kariss, Esquire Attorney I.D. No: 20 South 36th Street Camp Hill, PA 17011 (717) 731-4800 Counsel for Farmers New Insurance Company, ONLY Century CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2002, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing / upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: By Fimt-Class Mail: James Nealon, Esquire Nealon and Gover 2411 North Front Street Harrisburg, PA 17110 Paul Bradford Orr, Esquire 50 East Street Carlisle, PA 17013 C~Jr ,. . Esquire CLARENCE W. SHIELDS, JR., Plaintiff VS. MARK T. BLACKBURN, PROGRESSIVE INSURANCE, AND FARMERS NEW CENTURY INSURANCE COMPANY, ¢/o BEVERLY, INCORPORATED, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6411 Civil Temi PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark the above captioned matter settled and diseominued between the parties. Dated:~ 2002 ~~~LR Paul Bradford Orr, Esquire Attorney I.D. No. 71786 50 East High Street Carlisle, PA 17013 Counsel for Plaintiff