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Home My WebLink About10-1860IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Karen Martin, Plaintiff, Vs. AMANDA E. MOYER, Defendant. CIVIL DIVISION - ARBITRATION No.: 10 - 18 lay 0'I'm-rerm CIVIL COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: V ravis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 n N _ .. ca pl HIM WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14`h Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax O $ga.oo Pa AT" W a318t Q-T*aasvia IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Karen Martin, Plaintiff, vs. AMANDA E. MOYER, CIVIL DIVISION - ARBITRATION No.. Defendant. 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 Karen Martin, Plaintiff, vs. AMANDA E. MOYER, Defendant. CIVIL DIVISION - ARBITRATION No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Karen Martin, 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: Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Karen Martin, 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. Karen Martin is an adult individual residing at 318 West Main Street, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Amanda E. Moyer, is an adult individual residing at 906 West Trindle Road, Mechanicsburg, Pennsylvania 17050. 4. At all times relevant hereto, Martin was the owner of a 2005 Ford Taurus automobile. 5. At all times relevant hereto, the Martin maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Martin's aforementioned vehicle. 7. At all times relevant hereto, Moyer was the owner and operator of a 2003 Hyundai Accent automobile. 8. On or about July 6, 2009, Martin's vehicle was legally parked and unoccupied at or near her aforementioned place of residence located at 318 West Main Street in Mechanicsburg, Cumberland County, Pennsylvania. 9. Suddenly and without warning, Moyer, who had been traveling on West Main Street, did strike Martin's vehicle, causing damage thereto. 10. At all times relevant hereto, Martin's vehicle was legally parked and unoccupied. 11. As a result of the aforementioned incident, the damages suffered by Martin include, but are not limited to, damage to her vehicle. 12. Pursuant to its policy of insurance with Karen Martin, Plaintiff State Farm paid damages in the amount of $6,080.96 as a result of the aforementioned injuries and damages suffered by Martin. 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 Amanda Moyer was the direct and proximate cause of the damages suffered by Plaintiff, 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 keep a safe and proper lookout as he traveled; d. In striking Martin's legally parked and unoccupied vehicle; e. In failing to avoid striking Martin's vehicle; f. In traveling too fast for the existing circumstances; g. In failing to use her brakes or braking mechanisms; h. In traveling too close to Martin's vehicle; i. In operating her vehicle in violation of the Pennsylvania Motor Vehicle Code; and j. In failing to provide Martin with the standard of care owed to her under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Karen Martin, demands judgment in its favor and against the defendant, Amanda E. Moyer, in the amount of $6,080.96, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Travis L. McElhaney, Esq Christopher P. Deegan, Esquire Counsel for Plaintiff I 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 unworn falsifications to authorities. i?.MM Travi cE 11haney, Es re 77 Dated: a SHERIFF'S OFFICE OF CUMBERLAND CF~~NT1~. Ronny R Anderson a» ?~-_~ ;-, i ; .!!? "A~~Y Sheriff ~Q~~t~a of ~uu~6rr~~~ Jody S Smith Zn10 .~~~;~ ~ ~ ~i~`°t ~ ~ ~ ~~ Chief Deputy Richard WStewart -"~' h t'~Ffr~E ,'~ tH~ S~tERIPF ~~ 11 tJ, +._~!~ y~i/~ Solicitor State Farm Mutual Automobile Insurance Co. Case Number vs. Amanda E. Moyer 2010-1860 SHERIFF'S RETURN OF SERVICE 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to taw, states that he made a diligent search and inquiry for the within named defendant to wit: Amanda E. Moyer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Amanda E. Moyer. Request for service at 906 W. Trindle Road, Mechanicsburg, PA 17050 Amanda E. Moyer was not found. James Jones, current resident of 906 W. Trindle Road, Mechanicsburg, PA 17050 advised Deputies Amanda E. Moyer is his girlfriend's niece, but she does not reside at 906 W. Trindle Road, Mechanicsburg, PA 17050. To date The Mechanicsburg Postmaster does not have a current address for Amanda E. Moyer. SHERIFF COST: $42.00 June 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CounYySulte Sheriff, 7eleosoft, lnc. -0 CCU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN!?VA iIA- STATE FARM MUTUAL CIVIL DIVISION -- ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 10-1860 Civil Tenn Karen Martin, C^) Plaintiff, PRAECIPE TO SETTLE DISCONTINUE vs. AND END AMANDA E. MOYER, Defendant. 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. 485635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14cn Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax r" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Karen Martin, Plaintiff, vs. AMANDA E. MOYER, Defendant. CIVIL DIVISION -- ARBITRATION No.: 10-1860 Civil Term PRAECIPE TO SETTLE DISCONTINUE AND END TO PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LL,P Travis L. McElhane Asduire Counsel for Plaintiff J/ Dated: