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HomeMy WebLinkAbout10-46204 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: /G- 0120 Douglas Heiges, Plaintiff, Defendant. CIVIL COMPLAINT 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. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP q C:=?' Firm #594 cs r? Two Gateway Center 14th Floor ``' Pittsburgh, PA 15222 (412) 281-4541 x-- (412) 281-4547 fax (A, Pal 4a-,"z A4?16 ffie lN"Uy 3553 vs. CHERYL L. PAINTER, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, CIVIL DIVISION - ARBITRATION Plaintiff, vs. CHERYL L. PAINTER, 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 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: (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, CIVIL DIVISION - ARBITRATION Plaintiff, VS. CHERYL L. PAINTER, Defendant. No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Douglas Heiges, 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 Douglas Heiges, 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. Douglas Heiges is an adult individual residing at 7 Southpoint Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Cheryl L. Painter, is an adult individual residing at 20 Bellmore Road, Camp Hill, Pennsylvania 17011. 4. At all times relevant hereto, Heiges was the owner and operator of a 2003 Chevrolet Cavalier automobile. 5. At all times relevant hereto, Heiges maintained a policy of automobile insurance with State Farm which covered his aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Heiges' aforementioned vehicle. 7. At all times relevant hereto, Painter was the owner and operator of a 1998 Pontiac automobile bearing Pennsylvania license plate number GZS 2095. 8. On or about September 19, 2009, Heiges was traveling on. Simpson Ferry Road in Hampden Township, Cumberland County, Pennsylvania, at or near its intersection with Sheely Lane. 9. At all times relevant hereto, the aforementioned intersection was controlled by a traffic signal which was showing a steady green signal for vehicles traveling on Simpson Ferry Road and a steady red signal for vehicles traveling on Sheely Lane. 10. As Heiges proceeded through the intersection, suddenly and without warning, Painter, who had been traveling on Sheely Lane, did enter the intersection without stopping at the red traffic signal and did strike Heiges' vehicle, causing damage thereto. 11. At all times relevant hereto, Heiges' was operating his vehicle in a lawful manner and had the right of way. 12. As a result of the aforementioned incident, the damages suffered by Heiges include, but are not limited to, damage to his vehicle and expenses associated with the towing and storage of his vehicle. 13. Pursuant to its policy of insurance with Douglas Heiges, Plaintiff State Farm paid damages in the amount of $6,241.12 as a result of the aforementioned injuries and damages suffered by Heiges. COUNT I - NEGLIGENCE 14. Paragraphs 1-13 above are incorporated by reference herein as if more fully set forth at length below. 15. The careless, negligent and reckless conduct of Cheryl L. Painter 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 she traveled; d. In failing to yield the right of way to Heiges; e. In failing to stop at the red traffic signal; f. In striking Heiges' vehicle; g. In failing to avoid striking Heiges' vehicle; h. In traveling too fast for the existing circumstances; i. In failing to use her brakes or braking mechanisms; j. In operating her vehicle in violation of the Pennsylvania Motor Vehicle Code; and k. In failing to provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Douglas Heiges, demands judgment in its favor and against the defendant, Cheryl L. Painter, in the amount of $6,241.12, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Travis L. McElhaney, Es e Christopher P. Deegan, quire 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. Dated: - %.- M ' - Travis L. McElhaney, q ire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, Plaintiff, vs. CHERYL L. PAINTER, Defendant. CIVIL DIVISION - ARBITRATION No.: 10-4620 Civil PRAECIPE TO REINSTATE COMPLAINT Filed on behalf of Plaintiff' Counsel of Record for this Party: ravis 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 -0 L m 5; C', rt rTj kZI C) $10.00 •PO A71'4 C ? ot3'7?0 R,4 aN-73&C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, Plaintiff, vs. CHERYL L. PAINTER, Defendant. CIVIL DIVISION- ARBITRATION No.: 10-4620 Civil PRAECIPE TO REINSTATE COMPLAINT TOPROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON ST'APLETON FIRES & NEWBY LLP z,-? Travis L. McElhaney, Esquire Counsel for Plaintiff Dated: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~hN,lr, ~f ~~uitl~rr~~~r~ Jody S Smith Chief Deputy ~'d Richard W Stewart SOilCltO~ State Farm Mutual Automobile Insurance Co. vs. Cheryl L. Painter Case Number 2010-4620 SHERIFF'S RETURN OF SERVICE 09/28/2010 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: Cheryl L. Painter, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Cheryl L. Painter. Deputies were advised Cheryl L. Painter is residing at Cumberland Crossings, 1 Longsdorf Way, Carlisle, PA 17015. The Camp Hill Postmaster has confirmed Cheryl L. Painter has moved from 20 Bellmore Road, Camp Hill, PA 17011 and left no forwarding address. SHERIFF COST: $46.50 September 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ -~ -.' a --~ ri r~i r ~ ~~ ~~ ~ ~-a ~~ ~ _', ~! ~ r~ ~ c am, ~; ~~a _ >- ~. (c) CountySuite Shenft. Telc?asoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, vs. Plaintiff, CHERYL L. PAINTER, Defendant. CNIL DIVISION -ARBITRATION No.: 10-4620 Civil PRAECIPE TO REINSTATE COMPLAINT 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. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 ~ °' ~ r -- ~ ~ ~o ~ M of ~.+-o ~ tt c.~ d p am ~ y - ~ - -s -.~~ v w~ LL N C.a (412) 281-4541 (412) 281-4547 fax ~~\ po ~ lo~~ G~~ „~~ ~,~~~ ~~~a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Douglas Heiges, Plaintiff, vs. CHERYL L. PAINTER, Defendant. CIVIL DIVISION -ARBITRATION No.: 10-4620 Civil PRAECIPE TO REINSTATE COMPLAINT TO PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, Esquire Counsel for Plaintiff Dated: I o i D SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~t~tr oC ~~trrt6rr/ Jody S Smith ~~~ 1~~ Chief Deputy ~ :`~. ~ ~' }`t `=~~` ~~. ~ Richard W Stewart ~ ~ ~`=~"° SOIICIfOr e,Fr:u:E ~:F TAE SrEF.IFF State Farm Mutual Automobile Insurance Co. Case Number vs. Cheryl L. Painter 2010-4620 SHERIFF'S RETURN OF SERVICE 10/21/2010 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: Cheryl L. Painter, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Cheryl L. Painter. Deputies were advised no one knew of a client named Cheryl L. Painter residing at Cumberland Crossings, 1 Longsdorf Way, Carlisle, PA 17015. SHERIFF COST: $38.40 October 21, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF `-'~ ~,,, ~ ~n -~ ~ ~:, -~ ~- -~ ~ cr-t rra c~ ~. ,~ ~ :, o ~~ u ~'~ ~„ ~ ~~ ' ~ --,- ;ci CountySuite Sher~,ff. Teleosoft. Inc.