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HomeMy WebLinkAbout10-4267I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY M. LEWIS, Plaintiff, CIVIL DIVISION n No. CuJ- ` N M R COMPLAINT r,a 1 _-7?Fq CO Filed on behalf of Plaintiff ' L ; F3 _ r=, X- Counsel of Record for this Party: -` vs. BRYON S. COULTER, Defendant. BRIAN C. BEVAN PA ID NO 307488 DiBELLA GEER MCALLISTER & BEST, P.C. Firm No. 099 20 Stanwix Street, 11 t" Floor Pittsburgh, PA 15222 (412) 261-2900 _141 3 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA (717) 249-3166 J COMPLAINT AND NOW comes the Plaintiff, JEFFREY M. LEWIS, by and through his attorneys, DiBELLA GEER McALLISTER & BEST, P.C., and BRIAN C. BEVAN, ESQUIRE, and files the following Complaint, the following of which is a statement: 1. The Plaintiff, JEFFREY M. LEWIS, is an individual residing at 79 Honeysuckle Drive, Mechanicsburg, Pennsylvania, 17050. 2. At all times relevant and material hereto, Plaintiff was the owner and driver of a 2008 Chevrolet Malibu bearing VIN 1 G 1 ZG57B98F222299. 3. Defendant, BRYON S. COULTER, is an individual residing at 660 Gaumer Road, New Cumberland, Pennsylvania, 17070. 4. At all times relevant and material hereto, Defendant was the driver of a 2001 Dodge Ram 1500 bearing VIN 3B7HF1 3Z21 G789475 owned by David Weyant. 5. On or about June 28, 2008, Plaintiff's vehicle was struck by Defendant who was traveling north bound on Bridge Street at a high rate of speed causing vehicle damage and personal injury to Plaintiff's wife in the amount of $19,138.45. COUNTI NEGLIGENCE 6. Paragraphs 1 through 5, inclusive, of Plaintiff's Complaint are incorporated herein by reference as through set forth at length herein. 7. The aforesaid accident was the direct and proximate result of, and was caused by the negligence, carelessness and recklessness of the Defendant, generally, and in the following particulars: a) In failing to have the vehicle under proper control; b) In operating the vehicle without due regard for the rights and safety of other users of the road; C) In failing to pay proper attention to the positions of other vehicles upon the road; d) In failing to exercise due care under the circumstances; and, e) In violating the laws of the Commonwealth of Pennsylvania regulating the operation of motor vehicles on the road. 8. As a result of the negligent, careless and reckless acts of the Defendant, Plaintiff's vehicle sustained damages and Plaintiff's wife suffered personal injury to her neck, back and shoulder. WHEREFORE, Plaintiff, JEFFREY M. LEWIS, demands judgment in his favor and against Defendant, BRYON S. COULTER, in an amount of $19,138.45, and for any other additional relief that this Court deems is proper. Respectfully submitted, DIBELLA GEER McALLISTER & BEST, P.C. BY: BRIAN C. BEVAN, ESQUIRE Attorney for Plaintiff . . 1 1 VERIFICATION I, BRIAN C. BEVAN, ESQUIRE, certify that the factual statements contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 P.C.S., Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: BRIAN C. BEVAN, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~t ~_~ ; Ronny R Anderson ~- , a ~- - Sheriff _. ~ntr ci +Gumbr~~ ~ Jody S Smith ~` LQ,Q ~, ~~ __~ ._ Chief Deputy Cs ~ ~ , n ~ ~ ~ i i `~ : ti ,; ~. Richard W Stewart ~ ~'~ C:,i :~;, . -_~;~ ,. Solicitor a~+e~ c- ~~E s.~ERi~~ ~~ ~ : ~~',`! Jeffrey M. Lewis vs. Bryon S. Coulter Case Number 2010-4267 SHERIFF'S RETURN OF SERVICE 07/06/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Bryon S. Coulter, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 07/09/2010 10:48 AM -York County Return: And now July 9, 2010 at 1048 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bryon S. Coulter by making known unto himself personally, at 660 Gaumer Road, New Cumberland, PA 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. Teleosoft, Inc. SHERIFF'S OFFICE•O~ YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager .,« Richard E Rice, 11 Chief Deputy, Operations Chief Deputy, Administration JEFFREY M. LEWIS ' Case Number vs. 10-4267 CILIL BRYON S. COULTER SHERIFF'S RETURN OF SERVICE 07/09/2010 10:48 AM -DEPUTY JACOB NE SON, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN C~VIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: BRYON S. COULTER AT 660 GAUMER ROAD, NEW UMBERLAND, PA 17070. ACOB NELSON, DEPUTY SHERIFF COST: $43.00 SO July 21, 2010 RICHARD P KEt1ERLEBER, SH NOTARY Affirmed and subscribed to before me this i COMMONVYEALTH OF P6NN8YLVANIA 21st day of ~'Y 2010 NOTARIAL SEAL -- LISA L: THORPE, NOTARY PUBLIC t~; c, r,ry . ^r~ ~,n: Tete c, nc. CITY OF YORK. YORK COUNTY G!~~~\~~~/~~~ MY COMMISSkON EXPIRES AUG. 12, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY M. LEWIS, CIVIL DIVISION Plaintiff, No. 10-4267 vs. zm ( z BRYON S. COULTER, rc N r- CO 0, Defendant. , ©„- AFFIDAVIT ?? co c-zci n COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ?dFBERt*id'D ?lle?h °n ) BEFORE ME, the undersigned authority, personally appeared BRIAN C. BEVAN, ESQUIRE, who after first being duly sworn according to law, deposes and says that the accident occurring on June 28, 2008, and referenced in the Plaintiffs Complaint in this matter, was due to a motor vehicle accident in which Defendant was the driver. BRIAN C. BEVAN SWORN to and subscribed before me this day of ld& 2010. ,:;)6 1? ?-ItZ7- NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joyce A Thill, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 28, 2011 Member, Pennsylvania Association of Notaries 111P 0# 66