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HomeMy WebLinkAbout12-2160IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE CIVIL DIVISION - ARBITRATION COMPANY, nn No.. ja _ 0 w r' 1 T'!rl 21( Plaintiff, 0 0 " vs. CIVIL COMPLAINT (P n `? .--, c,z CHARLES G. LEWIS, 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 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax Io3 . ?5 Pb ATTy c? 3ass7 P-* a 7a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, Plaintiff, CIVIL DIVISION No.. vs. CHARLES G. LEWIS, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, Plaintiff, CIVIL DIVISION No.. vs. CHARLES G. LEWIS, Defendant. COMPLAINT AND NOW, comes Plaintiff, Westfield Insurance Company, 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: 1. Plaintiff, Westfield Insurance Company ("Westfield"), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at 1 Park Circle, P.O. Box 5001, Westfield Center, Ohio 44251. 2. Defendant, Charles Lewis ("Lewis"), is an adult individual who, at all times relevant hereto, resided at 3803 Rosemont Avenue, Camp Hill, Pennsylvania 17011 and owned and operated a 2000 Nissan Altima automobile. 3. At all times relevant hereto, Linda Devor ("Devor") was the owner and operator of a 2002 Buick Regal automobile 4. At all time relevant hereto, Devor maintained a policy of automobile insurance with Westfield which covered her aforementioned vehicle. 5. Pursuant to its policy of insurance and Pennsylvania common law, Westfield retains subrogation rights against any party liable for causing damage to Devor's aforementioned vehicle. 6. On or about February 26, 2011, Devor was traveling northbound on St. Johns Road in Camp Hill, Cumberland County, Pennsylvania, at or near its intersection with Rosemont Avenue. 7. At all times relevant hereto, the aforementioned intersection was controlled by a post stop sign for vehicles traveling on Rosemont Avenue, giving the right-of-way to vehicles traveling on St. Johns Road 8. Suddenly and without warning, Lewis, who had been traveling on Rosemont Avenue, did enter the intersection without stopping at the stop sign, did enter Devor's lane of travel and did strike Devor's vehicle, causing damage thereto. 9. At all times relevant hereto, Devor was proceeding in a lawful manner and had the right-of- way. 10. Pursuant to its policy of insurance with Devor, Plaintiff Westfield paid sum-certain damages in the amount of $1,917.94 as a result of the aforementioned damage to Devor's vehicle. COUNTI Westfield Insurance Company v. Charles G. Lewis 11. Westfield incorporates paragraphs 1 through 10 herein by reference as though same were set forth at length. 12. The careless, negligent and reckless conduct of Lewis was the direct and proximate cause of the damages suffered by the Plaintiff, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control the vehicle; b. In failing to look or watch where the vehicle was being operated; C. In failing to keep a safe and proper lookout as she traveled; d. In failing to remain alert to existing road and traffic conditions; C. In failing to stop for the posted stop sign; f. In traveling too fast for the existing circumstances; g. In failing to use the brakes or braking mechanisms; h. In failing to yield the right-of-way to Devor; i. In failing to recognize that Devor had control of the intersection; j. In entering Devor's lane of travel; k. In striking Devor's vehicle; and 1. In failing to provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, Westfield Insurance Company, demands judgment in its favor and against the defendant, Charles G. Lewis, in the amount of $1,917.94, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAP? LETON FIRES & NEWBY LLP By: 1i?p `P,) Travis L. cElhaney, Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, 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. Christop reh reh P. Deegan, Esquire Dated: L? I ?-) \ ?- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i Jody S Smith Chief Deputy, 17 k, P F 16 F 1112: ! Richard W Stewart Solicitor i.) tl aE t . L e a t ??1 ??? ?, L : a -'ENN'3YILVA.c Ii" Westfield Insurance Company Case Number vs. Charles Lewis 2012-2160 SHERIFF'S RETURN OF SERVICE 04/09/2012 06:28 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2012 at 1828 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Lewis, by making known unto himself personally, at 3803 Rosemont Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. S SHAL , SHERIFF COST: $43.00 April 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, CIVIL TERM Plaintiff, No.: 12-2160 vs. PLAINTIFF'S PRAECIPE FOR CHARLES G. LEWIS, DEFAULT JUDGMENT PURSUA NT TO Pa.R.C.P. 1037(b) Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire (ri = u PA I.D. #204023 1 Christopher P. Deegan, Esquire PA I.D. #85635 ? c ; i WEBER GALLAGHER SIMPSON f STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 suc)qb No?v? ?1cu?cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, ) CIVIL TERM Plaintiff, ) No.: 12-2160 vs. ) CHARLES G. LEWIS, ) Defendant. ) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Kindly enter judgment in favor of plaintiff Westfield Insurance Company and against defendant Charles G. Lewis for failure to file an Answer or otherwise respond in the above- captioned action within twenty (20) days of the date of service of the Complaint, and assess plaintiff's damages against defendant in the amount of $1,917.94. I certify that a written notice of intention to file this praecipe was mailed to defendant after the default had occurred and at least ten (10) days before the date of the filing of this praecipe. A copy of this notice is attached. I further certify that the defendant is not in active military service. The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP 7Travis L. McElhaney s uire Dated: 7^? ??- el for P laintif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, ) Plaintiff, ) vs. ) CHARLES G. LEWIS, ) Defendant. ) CIVIL TERM No.: 12-2160 TO: Charles G. Lewis 3803 Rosemont Ave. Camp Hill, PA 17011 Date of Notice: May 9, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (800) 990-9108 (717) 249-3166 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElh ey, squire Counsel for Plai i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, Plaintiff, CIVIL TERM No.: 12-2160 VS. CHARLES G. LEWIS, Defendant. AFFIDAVIT OF NON MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant (s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Defendant, Charles G. Lewis, age unknown, has a place of residence at 3803 Rosemont Avenue, Camp Hill, Pennsylvania 17011. Travig L. McElha y, Es ire Attorney for Plain 'ff Attorney I.D.# 20 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Sworn to and subscribed before me this ay of May, 2012 A.D. C8MMV 11-1 OF PEN SYLVANIA Notarial Seal Denise M'i Williams, Notary Publlo City of Pl"t burgh, Allegheny County ..., fl- nivAinn Exoires Feb. 11, 2013 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff's Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1037() was served upon the following N defendant by Certified U.S. Mail, postage prepaid, this 22 day of May, 2012, to the following: Charles G. Lewis 3803 Rosemont Avenue Camp Hill, PA 17011 Travis L. Z cElhaney quire Counsel Plaintif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTFIELD INSURANCE COMPANY, Plaintiff, CIVIL TERM No.: 12-2160 vs. CHARLES G. LEWIS, Defendant. To: Charles G. Lewis 3803 Rosemont Avenue Camp Hill, PA 17011 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE VE TIONED MATTE HAS BEEN ENTERED AGAINST YOU. ft David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Travis L. McElh ey, 'squire PA I.D. No.: 20 2 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center - Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV WESTFIELD INSURANCE COMPANY, vs. Plaintiff, CHARLES G. LEWIS, Defendant. CIVIL DIVISION - ARBITRATION No.: 12-2160 Civil Term rn C= r t ?A W 4 G© -C C:)-n j J C:) n{ Ln AFFIDAVIT I, Travis L. McElhaney, Esquire, do hereby certify that the judgment entered against above named defendant, Charles G. Lewis, was the result of a motor vehicle accident occurred on or about February 26, 2011. I also verify that the statements in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating Unsworn Falsification to Authorities. Date: '1 L-3 i Sworn to and Subscribed before me thi&/.5fday of d 2012 A.D. I--.- ft 1 16 Travis L. McElhaney, Es uire PA I.D. No.: 204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center - Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 Notarial seal 1 1% S 7 J C Qc _ Denise M. Williams, Notary Public .1 City of Pittsburgh, Allegheny County ' ty Commission Expires Feb. 11, 2018 leer, Pennsylvania Assodation of Notaries l?,,-.)