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Home My WebLink About08-7366FILE #07-08-650 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #: 09827 ATTORNEY FOR PLAINTIFF 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565- 7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION STATE FARM FIRE & CASUALTY COMPANY P.O. Box 2371 Bloomington, IL 61702 IN CIVIL ACTION V. WESTERN EXPRESS INC. 7135 Centennial Place Nashville, TN 37209-1033 And CLYDE SMITH 730 East 165` Street, Apt. 1 C Bronx, NY 10456 NO.: pg _ '73(o(P Ci Vi -T&A4 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 Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plaza al partir de Is fecha de Is demands y Is notification. Hace faita asentar una comparencia escrita o en persona o con un abogado y entregar a Is corte en forma sus defenses o sus objections a [as 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, Is 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 para 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 #07-08-650 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #: 09827 ATTORNEY FOR PLAINTIFF 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565- 7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION STATE FARM FIRE & CASUALTY COMPANY P.O. Box 2371 Bloomington, IL 61702 IN CIVIL ACTION NO.: 9, F_ 7,366 Ce;u -72,, v. WESTERN EXPRESS INC. 7135 Centennial Place Nashville, TN 37209-1033 And CLYDE SMITH 730 East 165th Street, Apt. 1 C Bronx, NY 10456 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, Western Express 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, Clyde Smith, is an adult individual and, at all times pertinent hereto resided at the above-captioned address and was the operator of Defendant owner's 1 motor vehicle and did so as an agent, servant, workman or employee of the business and on the behalf of the Defendant owner. 4. On December 22, 2007, Plaintiff provided insurance, insuring against the risk of loss to Brian Hunstad, 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 northbound in the left lane on I-81 at or near exit 40 in Carlisle, Pennsylvania. The defendant vehicle was traveling northbound in the right lane on 1-81. The defendant carelessly attempted to change into the left lane and struck the insured vehicle causing damages. 7. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant driver: a. made an unsafe lane change, interfering with the operation of other motor vehicles on the highway in violation of 75 Pa.C.S. § 3305; b. did not drive entirely within a single lane and did not first ascertain that the movement into the left lane could be done safely in violation of 75 Pa.C.S. § 3309; c. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; d. 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; e. operated their vehicle in willful or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; f. In addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 2 Pa.C.S. § 3305, 75 Pa.C.S. § 3309, 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 $3,303.38. COUNTI PLAINTIFF V. CLYDE SMITH 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 $3,303.38 plus interest and costs of suit. COUNT II PLAINTIFF V. WESTERN EXPRESS 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 $3,303.38 plus interest and costs of suit. 7&WL/ ?' " Stewart C. Crawford, Esqu' i ?Lw 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 unworn falsification to authorities. tewart C. Crawford, Esqui& Iv Attorney for Plaintiff Date: w-Ilto 'qoq 4 C7 ha 27 -G F? -' co n c OQ ' --c FILE #07-08-650 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #: 09827 ATTORNEY FOR PLAINTIFF 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565- 7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION STATE FARM FIRE & CASUALTY - IN CIVIL ACTION COMPANY P.O. Box 2371 Bloomington, IL 61702 NO.: 2008-07366 V. WESTERN EXPRESS INC. 7135 Centennial Place Nashville, TN 37209-1033 And CLYDE SMITH 730 East 165th Street, Apt. 1C Bronx, NY 10456 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this Complaint an additional ninety (90) days pursuant to Pa.R.C.P. 404(2). _on 'A StewakC. Crawford, Esquire Attorney for Plaintiff Dated: 3 ' 50.Ad'C t c orimalow ,OAPR-I Aiobi 4to.00 P 0 p6ro Co 14441 ata uq3oq t r L FILE #07-08-650 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. #: 09827 ATTORNEY FOR PLAINTIFF 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565- 7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION STATE FARM FIRE & CASUALTY IN CIVIL ACTION COMPANY P.O. Box 2371 Bloomington, IL 61702 NO.: 2008-07366 V. WESTERN EXPRESS INC. 7135 Centennial Place Nashville, TN 37209-1033 And CLYDE SMITH 730 East 165' Street, Apt. 1 C Bronx, NY 10456 CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant(s) CLYDE SMITH at the address set forth below by certified mail, return receipt requested. A copy of the return receipt card is attached. CLYDE SMITH 730 East 165th Street, Apt. 1C Bronx, NY 10456 3.3d .$ DATE S'WWART C. CRAY Attorney for Plaintiff I OFFICIAL USE I CO Postage $ i Ln Certified Fee O -9 9g ::- .. b C3 0 Postm 0 Return Receipt Fee H C3 (Endorsement Required) b Restricted Delivery Fee nom( O (Endorsement Required) Q - ?q - ?q J - Total Postage & Fees $ 1 ?7k e CLYDE SMITH ::3 S4r TH Ori 730 E 165 STREET, APT 1 C -6'"BRONX NY 10456 CERTIFIED IVIAIL? RECEIPT m,m (Domestic Only; Provided) ...?.•?? Ln ' Ln ` r- r- : . cc cc i co, ?i e t P $ ea cfl co ag os r.n 6n iE } Certified Fee Q CI Postmark ?+•?+ c3 . A Retum Receipt Fee Herfe c3 i p (Endorsement Required) C3 Restricted Delivery Fee C3 C3 (Endorsement Required) u ;0' ` = ,r Total Postage & Fees $ ? t 1 CLYDE SMITH 81 1 ------ - C3 C3 ?/" TH APT 1C l730 E 165 STREET , or _ C'tBRONXNY 10456 ¦ Complete items 1, 2, and 3. Also complete Item 4 0 Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i CLYDE SMITH 730 E'165TH STREET, APT 1C i BRONX NY 10456 I A. Signature 13 Agent X O Addresse B. Received by (Printed Name) C. Date of Deliver; D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type -Certftied Mail ? Ewess Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 1490 0000 5898 5753 (Transfer from seryke label) Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 ¦ Complete items 1, 2, and 3. Also complete / item 4 If Restricted Delivery is desired. ¦ Print yo r name and address on the reverse so that a can return the card to you. B. Received by (Printed Name) • Attach Is card to the back of the mailplece, or on th front If space permits. D. Is delivery ad 5-s fn % 1. Article Addressed to: If YES, entef 00016ery(Allllli CLYDE SMITH 1 730 E'165TH STREET, APT 1C BRONX.NY 10456 1 &\ iit? ?l C. Date of Delivery , Ntem 1? ? We ?eldw: ? L 3. 8erolcs Type *Cxtlflsd Mail ? Express Mall ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. « 4. Restricted Delivery? (F dm Fee) ? Yes i 2. Article Number 7007 1490 0000 5898 5753 (llansfer fiom service hbo s Ps Form 3811, February 2004 Domestic Return Receipt 10250-02-M-1540 ) k A? OFAUMaoy CL&offot COUNTY • .. File #07-08-650 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. # 09827 223 North Monroe Street Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM FIRE & CASUALTY IN CIVIL ACTION COMPANY P.O. Box 2371 Bloomington, IL 61702 NO. 2008-07366 V. WESTERN EXPRESS 7135 Centennial Place Nashville, TN 37209 CLYDE SMITH 730 E. 165TH Street, Apt. 1C Bronx, NY 10456 CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was sent by certified mail to defendant Western Express on January 6, 2009 and was returned as "Refused". Pursuant to Pa.R.C.P. No. 403, the Civil Action Complaint was sent via regular mail to defendant Western Express on April 7, 2009, at the address set forth below. WESTERN EXPRESS 7135 Centennial Place Nashville, TN 37209 ?2P 4 DATE Ste kCCraw0 Attorney for Plaintiff LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 NORTH MONROE STREET MEDIA, PA 19063 Tel: (610) 565-7050 Fax: (610) 565-5348 April 7, 2009 Western Express Inc. 7135 Centennial Place Nashville, TN 37209 Stewart C. Crawford, Esquire Direct E-mail: sccrawfordr&subrolaw.us Direct Phone: 610-565-7050, ext. 14 RE: State Farm Mutual Automobile Insurance Co. v. Western Express Inc., et al. Our File No.: 07-08-650 Cumberland County C.C.P. No.: 08-7366 Dear Sir or Madam: Enclosed please find a Civil Action Complaint which was filed against you in the Cumberland County Court of Common Pleas. Very truly yours, SCC/ras Enclosure Stewart C. Crawford VIA REGULAR MAIL y N i ? g N mw o? v? 0 0 D Z (.0o rn n moo: O ,. ?- yt? Cp to > CO rr, .c CJ+ tr F m ? F rnrn rn z 0 z C) -0 (J) " O? . x Co un p r• .p p. 0D O W Q. O `? 2 09 FR 30 I-TI 2- -I 0 Firm File No.07-08-650 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Sr., Esquire Attorney Id. No.: 09827 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 21 Web: www.subrolaw.us E-Mail: sccrawfordksubrolaw.us Attorney for Plaintiff, State Farm Fire & Casualty Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW STATE FARM FIRE & CASUALTY COMPANY : IN CIVIL ACTION P.O. Box 2371 Bloomington, IL 61702 V. NO. 08-7366 Civil Term WESTERN EXPRESS INC. 7135 Centennial Place Nashville, TN 37209 CLYDE SMITH 730 East 165`h Street, Apt. IC Bronx, NY 10456 PRAECIPE TO 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. Stewart . Cra rd, Esquire Attorney for Plaintiff DATE: ?- t OF THE" PP)T-lnNIITARY 2009 OCT -6 AM D 36 k ' "'S f,;,