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Home My WebLink About12-4169FILED-OFFICE ;F THE PROTHONOTW 2012 JUL -5 AM 11: 41 CUMBERLAND COUNTY IN THE COURT OF CO*&ftYk bF CUMBERLAND COUNTY, PENNSYLV STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, VS. ANTONIO DEVITA, Defendant. CIVIL DIVISION - ARBITRATION No.. )a-L41U° Cl- V/ 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 Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax 01m+ Is -2, et* 3ia'- a1-7 41 S?? qty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, VS. ANTONIO DEVITA, Defendant. CIVIL DIVISION No.. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims forth in the following pages, you must take action within TWENTY (20) days after t complaint and notice are served, by entering a written appearance personally or by attorney filing in writing with the court your defenses or objections to the claims set forth against y You are warned that if you fail to do so the case may proceed without you and a judgment n be entered against you by the court without further notice for any money claimed in complaint or for any claim or relief requested by the plaintiff. You may lose money or prope or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWY AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FOR BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANN, AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WI' INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIB 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, PENNSYLV STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION No.. Plaintiff, VS. ANTONIO DEVITA, Defendant. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company, by through its counsel, Travis L. McElhaney, Esquire, Christopher P. Deegan, Esquire and the firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: Plaintiff, State Farm Mutual Automobile Insurance Company ("State Farm"), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at P.O. Box 2371, Bloomington, Illinois 61702. 2. Defendant, Antonio Devita ("Devita"), is an adult individual residing at 37 Burgners Mill Road, Carlisle, Pennsylvania 17013. 3. At all times relevant hereto, William Downes ("Downes") was the owner and operator of a 2006 GMC Sierra automobile. 4. At all times relevant hereto, Downes maintained a policy of automobile with State Farm which covered his aforementioned vehicle. 5. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Downes' aforementioned vehicle. 6. At all times relevant hereto, Devita was the owner and operator of a 1999 Volkswagen Golf automobile bearing Pennsylvania license plate number HNT 5695. 7. On or about May 23, 2011, Downes was traveling on Mount Rock Road in W Pennsboro Township, Cumberland County, Pennsylvania. 8. Suddenly and without warning, Devita, who had been traveling in the opposite direction on Mount Rock Road, did cross the median, did enter Downes' lane of travel and did strike Downes' vehicle, causing damage thereto. 9. At all times relevant hereto, Downes was proceeding in a lawful manner and the right-of-way. 10. Pursuant to its policy of insurance with William Downes, Plaintiff State Farm paid sum-certain damages in the amount of $26,934.79 as a result of the aforementioned to Downes' vehicle. COUNT I - NEGLIGENCE 11. Paragraphs 1-10 above are incorporated by reference herein as if more fully set forth at length below. 12. The careless, negligent and reckless conduct of Antonio Devita was the direct 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 the vehicle; b. In failing to look or watch where the vehicle was being operated; C. In failing to yield the right-of-way to Downes; d. In failing to remain alert to existing road and traffic conditions; e. In striking Downes' vehicle; f. In entering Downes' lane of travel; g. In crossing the median; h. In traveling too fast for existing circumstances; In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; and 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, judgment in its favor and against the defendant, Antonio Devita, in the amount of $26,934.79, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: I o 6X Travis L. McElh , Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within action, duly authorized to make this Verified Statement on its behalf, and make this Verified Stater due to the fact that plaintiff's Verified Statement cannot be obtained within the time li necessary for filing this pleading, and I hereby verify that the statements set forth in foregoing Complaint are true and correct to the best of my information and belief based L knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C § 4904, relating to unsworn falsifications to authorities. Travis L. McElhane v1squire Dated: ? ?? ? ?' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor State Farm Mutual Automobile Ins. Co. vs. Antonio Devita C= t 9 rv ofas:?i r -{ r / y ? ti.. _m Y t...... c I Case Numbe r 2012-4169 SHERIFF'S RETURN OF SERVICE 07/09/2012 06:46 PM - Ronald Hoover Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2012 at 1846 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Antonio Devita, by making known unto Filippo Devita, Father of Defendant at 37 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same tine handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $34.00 July 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 12-4169 CIVIL Plaintiff, vs. ANTONIO DEVITA, Defendant. r?.a PRAECIPE TO SETTLE ' . - DISCONTINUE AND END -m ° - 7-3 -4 C?3 -°- =! 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 (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 - ARBITRATION No.: 12-4169 CIVIL Plaintiff, vs. ANTONIO DEVITA, Defendant. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP -!?? By ire Travis L. McElhanVan,squire Christopher P. Dee Counsel for Plainti Dated: l Zs '?