HomeMy WebLinkAbout10-2770
FILED-OFFCE
OF TH'E' Ow
2010 APR 26 PM 4: 00
!N T Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE, subrogee)
of CALVIN WICKARD and LINDA )
WICKARD, )
Plaintiff, )
vs. )
AMANDA DEANER, )
Defendant. )
F:\DOCS\21151\100132\10042101.COM lad )
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO.: 14) - ?'770
ISSUE NO.
TYPE OF PLEADING: Complaint
in Civil Action
CODE:
FILED ON BEHALF OF: Plaintiff,
Erie Insurance Exchange, subrogee of Calvin
Wickard and Linda Wickard
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
Reed James Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400 f 9,2-o??cL
C K--:0 114`? 7
R::A-air/f`ly
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE, subrogee)
of CALVIN WICKARD and LINDA )
WICKARD, )
Plaintiff )
vs. )
AMANDA DEANER, )
Defendant. )
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE, subrogee)
of CALVIN WICKARD and LINDA )
WICKARD, )
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
No.:
Plaintiff
vs.
AMANDA DEANER,
Defendant
COMPLAINT IN CIVIL ACTION
AND NOW comes the Plaintiff, Erie Insurance Exchange, subrogee of Calvin Wickard and
Linda Wickard, by and through its counsel, Davis Davis Attorneys, a professional corporation, and Reed
J. 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. Calvin Wickard and Linda Wickard are adult individuals whose last known residence is
799 Burgners Road, Carlisle., Pennsylvania 17013; hereinafter referred to as "Wickard."
3. Amanda Deaner is an adult individual whose last known residence is 602 Allenview
Drive, Mechanicsburg, Pennsylvania 17055; hereinafter referred to as "Defendant."
4. At all times relevant to the within action, Wickard was the owner of a 2003 Ford
Windstar vehicle bearing the serial number 2FMZA51413BA68146, which was insured by Erie.
5. At all times relevant to the within action, Defendant was the owner and operator of a
2006 Hyundai Sonata vehicle bearing the serial number 5NPEU46F86H88904.
6. On or about June 25, 2009, Calvin Wickard was operating the Ford vehicle in a careful
and lawful manner in a westerly direction along Newville Road approaching the intersection of
Meadowbrook Drive when suddenly and without warning Defendant operated her vehicle from
Meadowbrook Drive across the westbound lane of traffic on Newville Road in an attempt to make a left
hand turn onto the east bound lane of Newville Road.
7. The aforesaid action of Defendant caused the Wickard vehicle to run into and strike the
left side of Defendant's vehicle and damage the front end of the Wickard vehicle resulting in damages to
said vehicle as hereinafter set forth.
8. The collision, aforesaid, was caused solely by the careless, reckless, negligent, and
improper action of the Defendant who had no insurance, resulting in damages in the amount of
$8,861.53.
9. Plaintiff paid for the damage to its insured under the terms of the insurance policy and
by operation of law is subrogated to the rights of its insured for the aforesaid amount because of its
payment to or on behalf of its insured.
WHEREFORE, Plaintiff, Erie Insurance Exchange, subrogee of Calvin Wickard and Linda
Wickard, claims damages of the Defendant in the amount of $8,861.53, with costs of suit.
DAVIS DAVIS ATTORNEYS
a professional corporation
By:
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
VERIFICATION
I, Reed J. 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.
'' . AUG 18 ZULU
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
of CALVIN WICKARD and LINDA
WICKARD,
Plaintiff,
VS.
AMANDA DEANER,
Defendant
subrogeo
)
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO: 10-2770 Civil
ORDER OF COURT ro
G 1'A
AND NOW, this ?i day of , 2010, upon consideration of Plaintiff's
Motion to Compel Answers to Interrogatories, it is hereby ordered and directed that Defendant shall
+ (A a-)
provide full and complete responses to said discovery requests within fvAerntt!5tdays of the date of this
Order or shall suffer such sanctions as the Court shall deem appropriate.
BY THE
J.
0-opt £S 1')'tat t
100132 8/a6/10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE, subrogee)
of CALVIN WICKARD and LINDA )
WICKARD. )
Plaintiff, )
vs. )
)
AMANDA DEANER, )
Defendant. )
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO. 1 to
00 m
Y
rc. .o -A
,
AFFIDAVIT
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
above-captioned case and judgment is due to a motor vehicle accident.
Sworn to and subscribed before
I 'h
me this r day of Auyust, 2010
IiIiia l (111-'x.
Notairy Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Undsey Dudt'ro, Notary Public
Scott Twp., Akgwy County
My Co nrNsslon Ekes May 14, 2014
Member. pennslvanla Association of Notaries
$Soo Ao PUT
at i 19601
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