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Home My WebLink About09-7329IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of George and Kristine Heckard, Plaintiff, VS. BRYAN M. SMITH and SAMANTHA CROWN, CIVIL DIVISION - ARBITRATION No..: N - 73029 l.:?vi t Ier r CIVIL COMPLAINT Filed on behalf of Plaintiff Defendants. 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 & 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 MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of George and Kristine Heckard, Plaintiff, VS. BRYAN M. SMITH and SAMANTHA CROWN, Defendants. 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 George and Kristine Heckard, Plaintiff, VS. BRYAN M. SMITH and SAMANTHA CROWN, Defendants. CIVIL DIVISION - ARBITRATION No.. D4. 23a,9 ?-P -Fzt"1- COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of George and Kristine Heckard, 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 George and Kristine Heckard, 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. George and Kristine Heckard are adult individuals residing at 221 Timber View Drive, Harrisburg, Pennsylvania 17110. 3. Defendant, Bryan M. Smith, is an adult individual residing at 4 West Main Street, Apartment 1, Walnut Bottom, Pennsylvania 17266. 4. Defendant, Samantha Crown, is an adult individual residing at 4 West Main Street, Apartment 1, Walnut Bottom, Pennsylvania 17266. 5. At all times relevant hereto, George and Kristine Heckard were the owners of a 2003 Saturn L200 automobile. 6. At all times relevant hereto, the Heckards maintained a policy of automobile insurance with State Farm which covered their aforementioned vehicle. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to the Heckards' aforementioned vehicle. 8. At all times relevant hereto, George Heckard was operating the Heckards' aforementioned vehicle. 9. At all times relevant hereto, Samantha Crown was the owner of a 2004 Pontiac Grand Prix automobile bearing Pennsylvania license plate number HDN 1116. 10. At all times relevant hereto, Bryan M. Smith was operating Crown's aforementioned vehicle and was doing so with her permission. 11. On or about March 5, 2009, George Heckard was traveling south in the right travel lane on Interstate-81 in South Newton Township, Cumberland County, Pennsylvania at or near mile marker 31.5. 12. Suddenly and without warning, Smith, who had been traveling south in the left travel lane of Interstate-81, did enter George Heckard's lane of travel and did strike the Heckards' vehicle, causing damage thereto. 13. At all times relevant hereto, George Heckard was proceeding in a lawful manner and had the right of way. 14. As a result of the aforementioned incident, the damages suffered by George and Kristine Heckard include, but are not limited to, damage to their vehicle. 15. Pursuant to its policy of insurance with George and Kristine Heckard, Plaintiff State Farm paid damages in the amount of $1,068.73 as a result of the aforementioned injuries and damages suffered by the Heckards. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Companv as subrogee of George and Kristine Heckard vs. Bryan M. Smith 16. Paragraphs 1-15 above are incorporated by reference herein as if more fully set forth at length below. 17. The careless, negligent and reckless conduct of Bryan M. Smith was the direct and proximate cause of the damages suffered by George and Kristine Heckard, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control his vehicle; b. In failing to look or watch where his vehicle was being operated; In failing to keep a safe and proper lookout as he traveled; d. In entering George Heckard's lane of travel; e. In failing to yield the right of way to George Heckard; f. In failing to recognize that George Heckard had control of the right travel lane; g. In failing to use his brakes or braking mechanisms; h. In striking the Heckards' vehicle; In failing to avoid striking the Heckards' vehicle; j. In failing to signal or otherwise alert motorists of his intention to change lanes; k. In operating his vehicle in violation of the Pennsylvania Motor Vehicle Code; and 1. In failing to provide the Heckards with the standard of care owed to them under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of George and Kristine Heckard, demands judgment in its favor and against the defendant, Bryan M. Smith, in the amount of $1,068.73, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrogee of George and Kristine Heckard vs. Samantha Crown 18. Paragraphs 1-17 above are incorporated by reference herein as if more fully set forth at length below. 19. The careless, negligent and reckless conduct of Samantha Crown was the direct and proximate cause of the damages suffered by George and Kristine Heckard, and that conduct is more particularly set forth in the lettered paragraphs below: a. In entrusting the use of her vehicle to Bryan M. Smith when she knew or should have known that Bryan M. Smith would operate it in a careless, negligent and reckless manner; b. In entrusting the use of her vehicle to Bryan M. Smith when she knew or should have known that Bryan M. Smith would act or omit to act as described in paragraph 17; C. In entrusting the use of her vehicle to Bryan M. Smith when she knew or should have known that Bryan M. Smith would operate it in violation of the Pennsylvania Motor Vehicle Code; and d. In failing to provide the Heckards with the standard of care owed to them under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of George and Kristine Heckard, demands judgment in its favor and against the defendant, Samantha Crown, in the amount of $1,068.73, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By:. Travis L. McElhaney, Esq 'r 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. Travis L. McElhaney, Es ire Dated: ? y' l ta 6 P"WftW OF Pf R ?ffimw OCt t3 0#12,22 $178.50 PD ATT`Y W41 414189 ET# 43a.51(, SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline FI Sheriff -Ut r1? OF THE Ronny R Anderson ' Chief Deputy 2009 NOV 20 AM 8: 4 3 Jody S Smith Civil Process Sergeant ?? CJME.?", ;[,"OU. PE NS\ Edward L Schorpp Solicitor State Farm Mutual Automobile Ins. Co. vs. Case Number Bryan Michael Smith 2009-7329 SHERIFF'S RETURN OF SERVICE 11/02/2009 09:41 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 2141 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bryan Michael Smith, by making known unto himself personally, at The Cumberland County Prison 1101 Claremont Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/17/2009 02:40 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1440 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samantha Crown, by making known unto David Massie, adult in charge at 1807 Willow Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $67.40 SO ANSW S, ?.. e November 18, 2009 R THOMAS KLINE, SHERIFF Y 4? puty She iff ty Sheriff (c) CatnlgSulte Shefift Telensott. Inc_ ~.1~ , ~ nom:, ~ j ~ ,,n. 2~IOf~~-4 i 1 Pr'i 4: 0~ Ctrt~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYY,'~~1~` STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of George and Kristine Heckard, Plaintiff, vs. BRYAN M. SMITH and SAMANTHA CROWN, Defendants. CNIL DIVISION -ARBITRATION No.: 09-7329 Civil Term AFFIDAVIT Counsel of Record for this Party: ~ravis L. McElhaney, Esquire PA LD. #204023 Christopher P. Deegan, Esquire PA LD. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14`" Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of George and Kristine Heckard, Plaintiff, vs. BRYAN M. SMITH and SAMANTHA CROWN, Defendants. CIVIL DIVISION -ARBITRATION No.: 09-7329 Civil Term AFFIDAVIT I, Travis L. McElhaney, Esquire, do hereby certify that the judgment entered against the above named defendants, Bryan M. Smith and Samantha Crown, was the result of a motor vehicle accident that occurred on or about March 5, 2009. I also verify that the statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating to Unsworn Falsification to Authorities. Date: 3~3~1 a m K..A Travis L. McElhaney, Esquire PA I.D. No.: 204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center -Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 Sworn to and Subscribed before me this3VCC.day of Ma'~tch 2010 A.D. Notarial Seal Denise M. Williams, Notary Public City of Pittsburgh, Allegheny County 1y Commission Expires Feb. 11, 2013 $5.00 P A A T~`/ CK.* 0'!31(05 P.~a388a~