The URL can be used to link to this page

Home My WebLink About09-5674IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Earl McKinstry, Plaintiff, VS. ALYSSA RUTTEN, Defendant. CIVIL DIVISION - ARBITRATION No.: 09 - ti&ri4 (twit -TTok ` 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 & NEV6BY, 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 AUTOMOBILE INSURANCE COMPANY as subrogee of Earl McKinstry, Plaintiff, Vs. ALYSSA RUTTEN, Defendant. CIVIL DIVISION - ARBITRATION No.. 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 Earl McKinstry, CIVIL DIVISION - ARBITRATION No.: O 9- S4 7y C(; J '7t- 4,"-Plaintiff, VS. ALYSSA RUTTEN, Defendant. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Earl McKinstry, 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 Earl McKinstry, 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. Earl McKinstry is an adult individual residing at 831 Delaware Avenue, York, Pennsylvania 17404. 3. Defendant, Alyssa Rutten, is an adult individual residing at 116 Cumberland Drive, Carlisle, Pennsylvania 17013. 4. At all times relevant hereto, McKinstry was the owner and operator of a 2002 Toyota Camry automobile. 5. At all times relevant hereto, McKinstry maintained a policy of automobile insurance with State Farm which covered his aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to McKinstry's aforementioned vehicle. 7. At all times relevant hereto, Rutten was the owner and operator of a 2001 Chevrolet Cavalier automobile. 8. On or about October 7, 2008, McKinstry was traveling in the travel lane of Wendy's parking lot located at 331 South Hanover Street in Carlisle, Pennsylvania. 9. Suddenly and without warning, Rutten, who had been traveling in the drive-thru line in the aforementioned parking lot, did enter the travel lane and did strike McKinstry's vehicle, causing damage thereto. 10. At all times relevant hereto, McKinstry was proceeding in a lawful manner and had the right of way. 11. As a result of the aforementioned incident, the damages suffered by McKinstry include, but are not limited to, damage to his vehicle. 12. Pursuant to its policy of insurance with Earl McKinstry, Plaintiff State Farm paid damages in the amount of $465.34 as a result of the aforementioned damages suffered by McKinstry. COUNT I - NEGLIGENCE 13. Paragraphs 1-12 above are incorporated by reference herein as if more fully set forth at length below. 14. The careless, negligent and reckless conduct of Alyssa Rutten was the direct and proximate cause of the damages suffered by Earl McKinstry, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control her vehicle; b. In failing to look or watch where her vehicle was being operated; C. In failing to remain alert to existing traffic conditions; d. In entering McKinstry's lane of travel; In striking McKinstry's vehicle; f. In failing to avoid striking McKinstry's vehicle; g. In traveling too fast for the existing circumstances; h. In failing to signal or otherwise alert motorists of her intention to change lanes; In changing lanes without first ensuring it was reasonably safe to do so; In failing to yield the right of way to McKinstry; k. In operating her vehicle in a careless, negligent and reckless manner; In operating her vehicle in violation of the Pennsylvania Motor Vehicle Code; and in. In failing to provide McKinstry with the standard of care owed to him under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Earl McKinstry, demands judgment in its favor and against the defendant, Alyssa Rutten, in the amount of $465.34, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRE '& NEWBY LLP By: Tra is L. McElhaney E uire 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. C' Tra is L. McElhaney;, Esquire Dated: / ? /01 0 OF A'RITTf-,OOTApy 2009 AUG 17 Pik 2: 12 Ct. M&L- 'rt :.,f? iJ i ) 4'78.50 PO Am/ GL-" ,294 80 P_y*` aa9a-7 o Sheriff s Office of Cumberland County R Thomas Kline ~~ ~t~~~~~+~ Sheriff of l plc:. ~~~~ . , ,•~«aU~ of ~iun6frj~r~~ Ronny R Anderson '" 2~~~ ~~~ _ C, ~~ ~ E : ~ j Chief Deputy '~ ,: Jody S Smith CU~~" ~ij(V~~?' .:.. Civil Process Sergeant ~'` ` ~~~ "` f" `°'~~ r-~,~`«;'.jJ ~~~,,~~i~~'`4it". Edward L Schorpp Solicitor State Farm Insurance Mutual Insurance Case Number vs. Alyssa Rutten 2009-5674 SHERIFF'S RETURN OF SERVICE 09/09/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alyssa Rutten, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Alyssa Rutten. The current resident of 116 Cumberland Drive Carlisle, PA 17013 stated the defendant moved out over a year ago, she is in the Air Force and is stationed overseas. An exact address is not available. SHERIFF COST: $38.40 September 09, 2009 SO ANSWERS, ~-~~; _.. ,~ R THOMAS KLINE, SHERIFF .~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Earl McKinstry, Plaintiff, vs. ALYSSA RUTTEN, Defendant. CIVIL DIVISION -ARBITRATION No.: 09-5674 Civil Term PRAECIPE TO REINSTATE 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 n o ,:i _~ ,. ,.~. , . , {w. i ~~ -. iT. -_ ,~_ __ ~ _ =>; ~- .. ; ~ WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax $I~.oo PD AT~y e-~ a~Ry r~ ays~s~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Earl McKinstry, Plaintiff, vs. ALYSSA RUTTEN, Defendant. CIVIL DIVISION -ARBITRATION No.: 09-5674 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIlVIPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, Esquire Counsel for Plaintiff Dated: ~~0~~ o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F" ~.~ --'. - „- 71 ~ ". - Sheriff ~$~ nC ~uts~t~rrf~ ~ ~ . _: _ ,; Jody S Smith tatr ~ r .~ ,~ Chief Deputy ~O `~~~ , ~ L ~ ~ ~ ,^~. a s ~- `- :, Richard W Stewart ~~ ~' ~ ic~~ ~~ ~ ( 7rn Q ~ 3 7 ~F~ICE OF ~ w'r g~f;R~~¢ Solicitor `' ~ C :. State Farm Insurance Mutual Insurance ~ Case Number vs. Alyssa Rutten 2009-5674 SHERIFF'S RETURN OF SERVICE 08/09/2010 Ronny R. Anderson, Sheriff, vyho being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alyssa Rutten, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Alyssa Rutten. Current resident of 75 Ashton Street, Carlisle, PA 17015 is the defendant's Step Mother. She advised Deputies Alyssa Rutten has not resided at this location in two years. However, The Carlisle Postmaster is delivering Alyssa Rutten's mail to 75 Ashton Street, Carlisle, PA 17015. SHERIFF COST: $38.40 August 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 09-5674 Civil Term Earl McKinstry, Plaintiff, PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE c vs. ~~ r.~ ; ~ ALYSSA RUTTEN -z3~ ~ ~ ~ c~ ~ ~~;~. ~ , , . ~ , ~ ~ ~~ Defendant. Filed on behalf of Plaintiff cn ~ ~"' r rv ~' ~; ~--~ Counsel of Record for this Party: ",,, c w ° ~ 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 ~'IUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Earl McKinstry, Plaintiff, vs. ALYSSA RUTTEN, Defendant. CIVIL DIVISION -ARBITRATION No.: 09-5674 Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: ~.a~-ca. Travis L. McElhaney, Esquire Christopher P. Deegan, Esquire Dated:_ ~ ~;Zb~ ~ p Counsel for Plaintiff