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Home My WebLink About10-1441it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SP and BARBARA E. ZEHRING, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: AO -141YI Plaintiff, vs. GUY HUBER, Defendant F:\DOCS\21151\100040\10022301.COM lad ISSUE NO. 0 t-G# , C". TYPE OF PLEADING: Complaint in Civil Action CODE: FILED ON BEHALF OF: Plaintiff, Erie Insurance Exchange, subrogee of Matthew B. Zehring Sr. and Barbara E. Zehring COUNSEL OF RECORD FOR THIS PARTY: DAVIS DAVIS ATTORNEYS rv a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243?-? 412-489-1400 / .. 1 Reed J. Davis Pa. I.D. #00501 -73 C rjdnddapc.com - ;;° Reed James Davis Pa. I.D. #64343 w o -M.60-?LL41? c,?r io?ts ? .2 a ss? ?i 9- C? M Y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SR. and BARBARA E. ZEHRING, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff vs. GUY HUBER, Defendant. 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 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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SR. and BARBARA E. ZEHRING, vs. Plaintiff GUY HUBER, Defendant. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY No.. /U / 7 q/ C i I e-fm COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff, Erie Insurance Exchange, subrogee of Matthew B. Zehring Sr. and Barbara E. Zehring, by and through its counsel, Davis Davis Attorneys, a professional corporation, and Reed James Davis, Esquire, and makes this Complaint against the named Defendant as follows: 1. Plaintiff is a corporation duly authorized to do business in the Commonwealth of Pennsylvania and has and maintains one of its offices at 307 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050-9338; hereinafter "Erie." 2. Matthew B. Zehring Sr. and Barbara E. Zehring are adult individuals whose last known residence is 181 Pine Hill Road, Pine Grove, Pennsylvania 17963; hereinafter referred to as "Zehring." 3. Georgia Zehring is the mother of Matthew B. Zehring Sr. and an authorized driver of the vehicle hereinafter identified. 4. Guy Huber is an adult individual whose last known address is 1212 Summit Way, Mechanicsburg, Pennsylvania 17050; hereinafter referred to as "Defendant." 5. At all times relevant to the within action, Zehring was the owner of a 2004 Dodge Neon vehicle bearing the serial number 1B3ES56C14D538396. 6. At all times pertinent hereto the said Zehring maintained insurance on the vehicle, which insurance was provided by Erie, the Plaintiff herein. 7. At all times pertinent hereto, the Defendant, an uninsured driver, was the operator of a 1998 Nissan Pathfinder vehicle bearing the serial number JN8AR05Y2WW224504. 8. On or about May 15, 2009, Georgia Zehring was operating the Dodge vehicle in a careful and lawful manner along Creekview Road in Mechanicsburg, Pennsylvania, and properly brought the vehicle to a stop with the left hand turn signal on in order to make a left hand turn. 9. At the same time and at the same place, the Defendant was operating his vehicle in such a careless, reckless and negligent manner as to cause it to run into and strike the rear of the Zehring vehicle, causing damages thereto as hereinafter set forth. 10. The collision, aforesaid, was caused solely by the careless, reckless, negligent, improper, and unlawful action of Defendant resulting in a total loss to the vehicle and damages in the net amount of $7,057.85. 11. Plaintiff paid for the damage to its insured under the terms of the insurance policy thereby subrogating Plaintiff to the rights of its insured for the aforesaid amount by operation of law and under the terms of the policy. WHEREFORE, Plaintiff Erie Insurance Exchange, subrogee of Matthew B. Zehring Sr. and Barbara E. Zehring, claims damages of the Defendant in the amount of $7,057.85 with costs of suit. DAVIS DAVIS ATTORNEYS p f io al corporation By: Reed J es Davis, Esquire PA I.D. #64343 Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 VERIFICATION I, Reed James Davis, Esquire, state that I am not a party to the action but that at the request of the Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the Plaintiff, the averments set forth in the foregoing Complaint are true. A Verification executed by Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Reed J Davis, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~q'V~''tt4~ of Ln~ttGrr/,,, 0 2QIQtii~t~ 1 I ~i'~ ~~ 25 "r ~, ?- ~I , ..,~ ~.. Erie Insurance Group vs. Guy D. Huber Case Number 2010-1441 SHERIFF'S RETURN OF SERVICE 03/09/2010 04:45 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2010 at 1644 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Guy D. Huber, by making known unto himself personally, at 1212 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 10, 2010 GERALD WORTHING N, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ic; Gounry~udn Sher-.if. i~e~ea~na. Ir.::. Ffi ~i~`-U1-~I ~~ .'; 2D~Q ~,~'I~ ~2 ~~1 2~ 40 Cv~rl/':~ ./ .~~~JTZ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN~'~?P.~`1'~ST~LVANIA ERIE INSURANCE EXCHANGE, subrogee) of MATTHEW B. ZEHRING SR. and ) BARBARA E. ZEHRING, ) Plaintiff, vs. GUY HUBER, ; CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: 10-1441 Civil Term ISSUE NO. TYPE OF PLEADING: PRAECll'E FOR DEFAULT JUL)GMENT CODE: Defendant. I hereby certify that the true ) and correct address of the ) Plaintiff is: ) 816 Eldorado Road, Suite 1 ) Bloomington IL 61702-2159 ) 1 and the last known address of the ) Defendant is: ) 1212 Summit Way ) Mechan~ a PA 17050 ) ,,/~ ) orney for P intiff ) FILED ON BEHALF' OF: Plaintiff, ERIE INSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SR. and BARBARA E. ZEHRING COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. LD. #00501 Reed James Davis Pa. I.D. #64343 DAMS DAMS ATTORNEYS a professional corporation 393 Vanadium Road., Suite 300 Pittsburgh, PA 15243 412-489-1400 :~l'~.c~o ~o p1-tif F:\DOCS\21151\100040\10041301.JUD lad C,IL~ 11090 ~# oZ~1101 / ItJo~ic.~ ~.~~.~-c~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE 1NSURANCE EXCHANGE, subrogee) of MATTHEW B. ZEHRING SR. and ) BARBARA E. ZEHRING, ) Plaintiff, ) vs. ) GUY HUBER, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: 10-1441 Civil Term TO: PROTHONOTARY SIR: Please enter judgment by default against the above-named defendant, GUY HUBER, for failure to plead. Principal claimed in Complaint $7,057.85 TOTAL 7 057.85 with continuing interest on the judgment amount of $7,057.85 at the rate of 6.00% per annum from April 13, 2010, plus costs. DAMS DAMS ATTORNEYS a professi rporation BY: ~ ~~ d .Davis Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared Reed J. Davis, Attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. ~~~. Reed J. Davis Swon1 to and subscribed before me the ~ ~~ day f April, 2010 ~: Notar Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly Sevacko, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 10, 2013 __ ! ftlGrnber, Pennsylvania A ;::aciation o` t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV.%~NIA ERIE II~TSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SR. and BARBARA E. ZEHRING, CNIL DIVISION, ARBITRATION AND STATUTORY .APPEALS ONLY N0. 10-1441 Civil Te;rm Plaintiff, vs. GUY HUBER, Defendant. TO: GUY HUBER 1212 Summit Way Mechanicsburg PA 17050 DATE OF NOTICE: March 31, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAII~TST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTAI~TT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 F:\DOCS`,211 ~ 1 \100040\10033101.1 OD lad DAMS DAMS ATTORNEYS a professi~al corporation .•~ ~ ~% BY: R d .Davis Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 _~ 2~-o J!~~. j ~ ~~~ 3~ 26 vt,Eiv ._ .- ~'..'(`d Imo! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee) of MATTHEW B. ZEHRING SR. and ) BARBARA E. ZEHRING, ) Plaintiff, ) vs. ) GUY HUBER, ) Defendant. ) F:\DOCS\21151\100040\10071301.Aff lad CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO. 10-1441 Civil Term ISSUE NO. TYPE OF PLEADING: AFFIDAVIT CODE: FILED ON BEHALF OF: Plaintiff, ERIE INSURANCE EXCHANGE, subrogee of MATTHEW B. ZEHRING SR. and BARBARA E. ZEHRING COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAMS DAMS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 .# 5. oo P ~ Ate`/ ~~- try r3 e'~' aysaay i AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA }~ } SS: COUNTY OF ALLEGHENY } BEFORE ME, the undersigned authority, a notary public in and for said county and state, personally appeared Reed J. Davis who, being duly sworn according to law, deposes and says that the above-captioned case arose from a motor vehicle accident. Sworn to and subscribed before me thi day of July, 2010 i I~(~!%~ ary Pu`V'b..(f_,hivc' coMMONwFUn~ of ~rosnviwtn Noa~tsl seal w'asey oudero, PubNc soar Twc•, Aneyheny county ~'N ComnMNbn E~rea May 14, 2014 Member. FennsvNarxa Assodatlon of Notarils L ~ OCT 04.TUIU v~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee) of MATTHEW B. ZEHRING ) SR. and BARBARA E. ZEHRING , ) Plaintiff, ) vs. ) GUY HUBER, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO: 10-1441 Civil ORDER th AND NOW, this ~ day of ~CiTOge1" , 2010, upon consideration of Plaintiff's Motion to Compel Answers to Interrogatories, it is hereby ordered and directed that Defendant shall provide full and complete responses to said discovery requests within fifteen (15) days of the date of this Order or shall suffer such sanctions as the Court shall deem appropriate. 100040 J. co - - ~ --~ _,;~ mr ~ x~ - c ~~ _ ~,s~-s~ _ - ~ m ~ ,: ~. - _~ ---~ -T7 d'o't C~+ 7 ~ 4 ~- " ` "~ C~ ~ --a , W"? - c3 __,- -,, - 7? c~ ~'- cr -~ ~~ ~ -- ~ ,.. ~' c,a ~ t-rt 6 ~- ~, ~~ BY THE COURT: