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HomeMy WebLinkAbout10-5323THE LAW OFFICES OF STEWART C By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordirka,subrolaw.us Firm File No. 01-10-126 CRAWFORD & ASSOCIATES AWI.- 1-3 PM Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. JEFFREY WASHINGTON 5317 Manayunk Road, Apt. D Harrisburg, PA 17109 Defendant. C.A. No. 10 - .53 X3 (30` 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further 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 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le ban demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demands y la notificacion. Hace faita asentar una comparencia escrita o en persona o con on abogado y entregar a la Corte en forma sus defenses o sus objectiones a las demandas en contra de su persona. Ses avisado que si usted no se defiende la Corte tomara modidas ypuede continuar ila demands en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION S' 32 SOUTH BEDFORD STREET CARLISLE PA 17013Q?. Uv 1-800-990-9108 717-249-3166 n k&( ?d THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjrksubrolaw.us Firm File No. 01-10-126 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. JEFFREY WASHINGTON 5317 Manayunk Road, Apt. D Harrisburg, PA 17109 Defendant. C.A. No. COMPLAINT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") by and through its undersigned attorney, hereby alleges and states as follows: The Parties 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Jeffrey Washington ("Washington") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Allegations Common To All Counts 3. On or about April 30, 2009, State Farm had in effect a valid contract of automobile insurance with Roger Patterson, providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Mr. Patterson. 4. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned and operated by defendant Washington, hereafter referred to as the "defendant vehicle". 5. At the time of the collision, the vehicle insured by State Farm was stopped on US Highway 11 in East Pennsboro Township, Pennsylvania. The defendant vehicle was traveling directly behind the insured vehicle on US Highway 11. The defendant failed to maintain a safe following distance, rear-ending and pushing the insured vehicle into a vehicle that was stopped directly in front of the insured vehicle, causing damages to the insured vehicle. 6. The defendant was negligent and careless and the sole cause of this incident in that they: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; 2 b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; d. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; e. traveled closer than is reasonable and prudent, without regard for the speed of other vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S. § 3310(a); f. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; 75 Pa.C.S. § 3361; 75 Pa.C.S. § 3736; 75 Pa.C.S. § 3310(a). 7. Pursuant to the aforesaid policy of insurance, State Farm became liable for damages that arose out of this accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 8. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,340.68. 3 9. Pursuant to the principles of equity, the statutory and the common law, and the contract or insurance Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $4,340.68. WHEREFORE, State Farm demands judgment for $4,340.68 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: L 4 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. By: `----- Stewart Cra rd, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: ( `O f? v \ U SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~,ratr 0# GItIHbr~~~~ -•~` `'~ ;~;; AFFt4E~'" THEa .'-.'RIFF t?~Ta ~~';~~ ~~ ~~ ~~~ ~ 9 Jody S Smith Chief Deputy Richard W Stewart Solicitor ~` State Farm Mutual Automobile Insurance Co. Case Number vs. Jeffrey Washington 2010-5323 SHERIFF'S RETURN OF SERVICE 08/16/2010 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: Jeffrey Washington, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/23/2010 Dauphin County Return: And now, August 23, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jeffrey Washington the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 5317 Manayunk Road, Apartment D, Harrisburg, PA 17109 is vacant. SHERIFF COST: $37.00 August 26, 2010 (oj CountySuite Sheriff, Teleosott. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin :: Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. VS JEFFREY WASHINGTON Sheriff s Return No. 2010-T-2777 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JEFFREY WASHINGTON the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, AUGUST 23, 2010. OTHER COUNTY CASE # 20105323 AS PER DEPUTY 5317 MANAYUNK ROAD, APT D, HARRISBURG, PA 17109 IS VACANT ~~~ So Answers, ~~~ Sheriff of Dauphin County, Pa. Deputy: W CONWAY Plaintiff: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. Sheriff s Costs: $47.25 8/18/2010 Out Of County Cost: Sworn to and subscribed before me thi !- ~ day ~V vS"t .D. O~ ~ P HONOTARY D H1N O - C MMISSION FrXPIRES 1ST MONDAY JANUARY, 20 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION -°m Plaintiff, m r-O v. ? ? m ?? No.: 2010-5323 r<> JEFFREY WASHINGTON, Defendant. WITHDRAWAL AND ENTRY OF APPEARANCE Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. #204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412)-281-4541 (412)-281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION Plaintiff, V. No.: 2010-5323 JEFFREY WASHINGTON, Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. ewart C. Cra ord, quire PA Supreme Court I.D. # 202188 223 North Monroe Street Media, PA 19063 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElh , Esquire PA Supreme Court I.D. # 204023 Two Gateway Center, Suite 1450 L Pittsburgh, PA 15222 Dated: Zt)t ) Z- s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 2010-5323 VS. Plaintiff, JEFFREY WASHINGTON, Defendant. 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 C.) c ? ?a Two Gateway Center ? rat 14th Floor uzi -,` Pittsburgh, PA 15222 E r- D (412) 281-4541 (412) 281-4547 fax XC- ' ' CD (5D $l1.75 ?d.."? cam- 3o7y3 ?i .z75/Yf3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION - ARBITRATION No.: 2010-5323 Plaintiff, vs. JEFFREY WASHINGTON, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: ?y(Y V Travis L. McElhane , 94uire Christopher P. Deegan, Esquire Counsel for Plaintiff Dated: 1101)-2- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 Sheriff Jody S Smith { `f (j ; Chief Deputy Richard W Stewart "PIPBERL..A°COUN i Solicitor _ PEN, SV\l,??flln State Farm Mutual Automobile Insurance Co. Case Number vs. 2010-5323 Jeffrey Washington SHERIFF'S RETURN OF SERVICE 05/15/2012 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: Jeffrey Washington, but was unable to locate him in hi; bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/18/2012 Dauphin County Return: And now, May 18, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jeffrey Washington the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 5317 Manayunk Road, Apartment D, Harrisburg, Pennsylvania 17109 the Defendant was not found. Deputies were advised, Jeffrey Washington was the previous tenant. SHERIFF COST: $37.00 May 25, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Gnu a.?t? SF ? r _.._ a fnc *ff Mtfirt of the f?4vrr William T. Tully Solicitor •t Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS JEFFREY WASHINGTON Sheriff s Return No. 2012-T-1467 OTHER COUNTY NO. 2010-5323 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JEFFREY WASHINGTON the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 18, 2012. PER ESTER 8KLADIOUS, CURRENT RESIDENT OF 5317 MANAYUND ROAD, APT. D, HARRISBURG, PA 17109, THE DEFENDANT WAS THE PREVIOUS RESIDENT AND NO LONGER RESIDES THERE. Sworn and subscribed to before me this 22ND day of May, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, nsAlc- Sheriff of Uallgbirr? By??G `..?' Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 5/17/2012 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 7' r 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 *14M At d-13 PM Web: www.subrolaw.us E-Mail: scrawfordirnsubrolaw.us r Firm File No. 01-10-126 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, VS. C.A. No. 10 - s3 a3 JEFFREY WASHINGTON 5317 Manayunk Road, Apt. D Harrisburg, PA 17109 Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set fonh'in the following pages, you must take action within twenty (20) days after this Complaint and notice me served, by entering a written appearance personally or by an attorney and filing in writing with the court your dderaes or objections to the claims ad forth against yon. You we further warned that if you fall to do so do case may proceed without you and a judgmatt may be entered agamst you by the court without Anther notice for any 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 LAWYEROR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandsdo a usted en Is carte. Si usted quiere defimdase de cstu demandas cxpu=w an las pagiaas siguieaim stand time veinte (20) dies do plaza al pw* do Is feeha do Is demands y In notifiacioe. Has fivt aassaw w oompernoda - , its o on pe sooa a am an abogado y m- - a Is onto on forma ss defenses o sus o*ctioou a lace damsdu an eonha der a parsons. Set avoado que si used no se datiends Is eats toms mo ..' ypuede commuter ila demands ca contra says am pmvw avisa a ootii6acion. Ademas, lo corer peade decidir a fiwa dd demsdsoe y regaiaa quo rated etm pia con Inds Ins provisions de eau dea m ds. Ud ed panda perder dingo o ass propiedaces u otros davcbos imporhotes pars usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. St USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO. DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION S 32 SOUTH BEDFORD STREET CARLISLE PA 17013 M2. Uv 1-800-990-9108 717-249-3166 t, bad aagf-a R:d-c2 W,X4. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street - Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: yvyW.subrolaw.us E-Mail: 0c awfordjr(4subrolaw.us Firm File No. 01-10-126 Attorney?or Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. JEFFREY WASHINGTON 5317 Mapayunk Road, Apt. D Harrisburg, PA 17109 Defendant. C.A. No. COMPLAINT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm') by and through its undersigned attorney, hereby alleges and states as follows: The Parties 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Jeffrey Washington ("Washington") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Alle¢ations Common To All Counts 3. On or about April 30, 2009, State Farm had in effect a valid contract of automobile insurance with Roger Patterson, providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Mr. Patterson. 4. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the 'insured vehicle", was involved in a collision with a motor vehicle owned and operated by defendant Washington, hereafter referred to as the "defendant vehicle". At the time of the collision, the vehicle insured by State Farm was stopped on US Highway 11 in East Pennsboro Township, Pennsylvania. The defendant vehicle was traveling directly behind the insured vehicle on US Highway 11. The defendant failed to maintain a safe following distance, rear-ending and pushing the insured vehicle into a vehicle that was stopped directly in front of the insured vehicle, causing damages to the insured vehicle. 6. The defendant was negligent and careless and the sole cause of this incident in that they: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; 2 b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; d. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; e. traveled closer than is reasonable and prudent, without regard for the speed of other vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S. § 3310(a); f. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; 75 P&C.S. § 3361; 75 Pa.C.S. § 3736; 75 Pa.C.S. § 3310(a). 7. Pursuant to the aforesaid policy of insurance, State Farm became liable for damages that arose out of this accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 8. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,340.68. 9. Pursuant to the principles of equity, the statutory and the common law, and the contract or insurance Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $4,340.68. WHEREFORE, State Farm demands judgment for $4,340.68 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whateveri additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for PlaintiffState Farm Mutual Automobile Insurance Company Dated: C VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. By: I `--- Stewart Cra rd, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile ?} Insurance Company Dated: ? ck 5 PV11 TATED PRO ONOTARY CZ :9 WV L 1 tkvw zl z THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 1: - 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Jamb AWL. 1,3 Web: www.subrolaw.us lw!r.. ?t. E-Mail: scrawfordir@,subrolaw.us ti r Firm File No. 01-10-126 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. JEFFREY WASHINGTON 5317 Manayunk Road, Apt. D Harrisburg, PA 17109 C.A. No. t0 - -53A3 1. -! chi.(, ?. 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You we fiather 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 Complain) 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la torte. Si usted quiae defeoderse de estas demandas expuestas an las paginas siguieates, usted liens veinte (20) dies de plea A party de In fecha de la demanda y in notification. Hate faits asaw una compaemcia esc ita o an persons o con un abogado y a tregar a la cone an forma aus defesm o sus objections a In demsadas an comm mdo so parsons. Set avieado quo si usted no se defiende hn carte toms t modides ypuede continuer ila demands en comm suya sin previo aviso o notifiacion. Ademas, la cone puede deaidir a favor del demsndente y tequiaa que usted cumpia con Was las proviatons de ma demanda. Usted pucde perder dinro o sus propiedaces u otros derechos imporuntes pars usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. ST USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE CONIUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION S 32 SOUTH BEDFORD STREET CARLISLE PA 170134 . UV 1-800-990-9108 TRUE COPY FROM RECORD 717-249-3166 ?e e?fly?tlt3f9p?a ! 11 ? UrAo so ny lM?d aW . t THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail scrawfordir(tasubrolaw.us Firm File No. 01-10-126 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE' FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. JEFFREY WASHINGTON 5317 M4nayunk Road, Apt. D Harrisburg, PA 17109 Defendant. C.A. No. COMPLAINT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") by and through its undersigned attorney, hereby alleges and states as follows: The Parties 1. Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Jeffrey Washington ("Washington") is an adult individual, who at all times relevant to this Complaint, resided in the Commonwealth of Pennsylvania and continues to reside in the Commonwealth of Pennsylvania. Factual Alleeations Common To All Counts 3. On or about April 30, 2009, State Farm had in effect a valid contract of automobile insurance with Roger Patterson, providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by Mr. Patterson. 4. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned and operated by defendant Washington, hereafter referred to as the "defendant vehicle". 5. At the time of the collision, the vehicle insured by State Farm was stopped on US Highway 11 in East Pennsboro Township, Pennsylvania. The defendant vehicle was traveling directly behind the insured vehicle on US Highway 11. The defendant failed to maintain a safe following distance, rear-ending and pushing the insured vehicle into a vehicle that was stopped directly in front of the insured vehicle, causing damages to the insured vehicle. 6. The defendant was negligent and careless and the sole cause of this incident in that they: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; 2 b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; d. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; e. traveled closer than is reasonable and prudent, without regard for the speed of other vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S. § 3310(a); f, in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; g. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3714; 75 Pa.C.S. § 3361; 75 Pa.C.S. § 3736; 75 Pa.C.S. § 3310(a). 7. Pursuant to the aforesaid policy of insurance, State Farm became liable for damages that arose out of this accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 8. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental in the amount of $4,340.68. 9. Pursuant to the principles of equity, the statutory and the common law, and the contract or insurance Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling' $4,340.68. WHEREFORE, State Farm demands judgment for $4,340.68 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plainti f State Farm Mutual Automobile Insurance Company Dated: 4 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. By: Stewart Cra rd, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile ,/? Insurance Company Dated: r? ? V\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 2010-5323 Plaintiff, PRAECIPE TO REINSTATE COMPLAINT N rn? G .? w y C7 3 ZC 5" Z -7n vs. JEFFREY WASHINGTON, 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 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax x° C3-r, ?? ?r?+ VC -w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION - ARBITRATION No.: 2010-5323 Plaintiff, vs. JEFFREY WASHINGTON, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON ST LET)O?N? FIRES & NEWBY LLP By: Travis L. McElhan y squire Christopher P. Deegan, Esquire Counsel for Plaintiff Dated: 2 ? 1 1 ?-- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?s??zq di ?uu??ir? OFFICE OF THE "RIFF 2012 JUL 30 AM 9: 0 State Farm Mutual Automobile Insurance Co. vs. Case Numbs Jeffrey Washington 2010-5323 SHERIFF'S RETURN OF SERVICE 07/18/2012 09:07 PM - Dennis Fry, Deputy Sheriff, who being duty sworn acceding to law, states that on July 18, 2012 at 2107 hours, he served a true copy of the within Complaint and Notice, upon the thin named defendant, to wit: Jeffrey Washington, by making known unto himself personally, at 213 lay Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handi g to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 July 23, 2012 SHERIFFS OFFICE OF CUMBERLAND COUN FI f -11" w7zww (C) CountySuite Sheriff: Teleosoft, Inc. SO ANSWERS, /1 Ln ? SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 2010-5323 Plaintiff, PRAECIPE TO SETTLE vs. DISCONTINUE AND END JEFFREY WASHINGTON, Filed on behalf of Plaintiff Defendant. 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 � :3- ` cn r CD Two Gateway Center -< a °. 14th Floor ° - Y Pittsburgh,PA 15222 C-- c.> (412) 281-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 2010-5323 Plaintiff, vs. JEFFREY WASHINGTON, Defendant. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON LETON FIRES &NEWBY LLP "o W By 14 -y, Esquire Travis L. McElhk",/ Christopher P. Deegan, Esquire Counsel for Plaintiff Dated: