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HomeMy WebLinkAbout12-5093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV STATE FARM MUTUAL CNIL DNISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: ~a ..093 ~ ~ ~ r:;:`• Plaintiff, CIVIL COMPLAINT ~ g cn r" -C GRETCHEN BALSBAUGH, Filed on behalf of Plaintiff A t= Defendant. Counsel of Record for this Party: i~ + r Travis L. McElhaney, Esquire PA I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIlVIPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax -~~03.73' /~Q A Crt 31 ~Q'7 a?9yaa . . N PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMO STATE FARM MUTUAL ) CIVII, DIVISION -ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) vs. ) GRETCHEN BALSBAUGH, ) Defendant. ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims t forth in the following pages, you must take action within TWENTY (20) days after 's complaint and notice are served, by entering a written appearance personally or by attorney d 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 m y be entered against you by the court without further notice for any money claimed in e complaint or for any claim or relief requested by the plaintiff. You may lose money or prope y or other rights important to you. YOU SHOULD TAKE THIS .PAPER TO YOUR LA R AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FOR H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANN T AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU H INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIB E 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 _ _ _ _ _ _ _ _ T _ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) vs. ) GRETCHEN BALSBAUGH, ) Defendant. ) COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company, by d 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, 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, Gretchen Balsbaugh ("Balsbaugh"), is an adult individual residing at 10 Skyview Drive, Duncannon, Pennsylvania 17020. 3. At all times, Robert Yoho ("Yoho") was the owner and operator of a 2005 Hon a Civic automobile. 4. At all times relevant hereto, Yoho maintained a policy of automobile insurance 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 Yoho's aforementioned vehicle. _ . - _ _ _ _ _ , _ r i 6. At all times relevant hereto, Balsbaugh was the operator of a presently unknown ~ vehicle. 7. On or about September 22, 2010, Yoho was traveling in Silver Spring Squaze in Mechanicsburg, Cumberland County, Pennsylvania when he slowed for traffic ahead. 8. Suddenly and without warning, Balsbaugh, who had been traveling behind Yoh did strike Yoho's vehicle from behind, causing damage thereto. 9. At all times relevant hereto, Yoho was operating his automobile in a lawful manner and had the right-of--way. 10. Pursuant to its policy of insurance with Yoho, Plaintiff State Farm paiid sum- certain damages in the amount of $926.30 as a result of the aforementioned damage to Yoho's vehicle. COUNT I -NEGLIGENCE 11. Pazagraphs 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 Balsbaugh 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 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 traveling too close to Yoho's vehicle; e. In traveling too fast for the existing circumstances; f. In striking Yoho's vehicle from behind; I g. In failing to use the brakes or braking mechanisms; h. In failing to maintain an assured cleaz distance from Yoho's vehicle; and i. In failing to provide Plaintiff with the standazd of Gaze owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Fazm Mutual Automobile Insurance Company, demands judgment in its favor and against the defendant, Gretchen Balsbaugh, in the amount of $926.3 , exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON ST LETON FIRES & NEWSY LLP By: " t~ Tra L. McE ey squire Christopher P. D g ,Esquire Counsel for Plain _ - 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 Statem t due to the fact that plaintiffls Verified Statement cannot be obtained within the time lim' s necessary for filing this pleading, and I hereby verify that the statements set forth in t e foregoing Complaint are true and correct to the best of my information and belief based up n 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. McElhaney, uire Dated: ~ C Z' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?g5,?'it? >al ?titrtrrr,?,t??dr 7NE PROTHOINGT; 2012 SEP -6 AM 10: 13 Richard W Stewart Solicitor ,?)FF - CUMBERLAND COUNTY PENNSYLVANIA State Farm Mutual! Automobile Insurance Co. Case Number VS. Gretchen Balsbaugh 2012-5093 SHERIFF'S RETURN OF SERVICE 08/17/2012 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: Gretchen Balsbaugh, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 08/23/2012 Perry County Return: And now, August 23, 2012 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Gretchen Balsbaugh the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Perry land therefore return same NOT FOUND. Deputies attempted service at 10 Skyview Drive, Duncannon, Pennsylvania 17020 and were advised Gretchen Balsbaugh does not reside at this address, but is thought to be currently residing in Mechanicsburg, Pennsylvania. SHERIFF COST: $37.00 August 28, 2012 (c) CountySuite Shenff, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2012-5093 Cumberland Co. State Farm Mutual Automobile Insurance Co. VS Gretchen Balsbaugh 10 Skyview Drive Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Gretchen Balsbaugh, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Gretchen Balsbaugh at 10 Skyview Drive, Dunclannon, PA 17020. NOT FOUND. DEFENDANT DOES NOT LIVE AT THIS ADDRESS- LIVING IN MECHANICSBURG. Sincerely, Sworn and subscribed to before me this .2-3-d day of 2012. mmission Expires February 16. Carl E. Nace COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RGARET F. FLICKINGER, Notary Public BloomW Boro, Perry County Co lmm?) Sheriff of Perry County 1N TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -ARBITRATION AUTOMOBILE INSURANCE COMPANY', No.: 12-5093 Civil Term Plaintiff, PRAECIPE TO SETTLE ~~s. DISCONTINUE AND END GRE'I~CHEN BALSBAUGH, Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: - Travis L. tVlcElhaney, Esquire PA 1.D. #204023 Christopher P. Deegan, Esquire PA LD. #8563 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LL,P Firm #594 Two Gateway Center 14`'' Floor Pittsburgh, PA 1.5222 (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.: I ~!-5093 Civil Term Plaintiff, s. GRETCH EN BALSBAUGH, Defendant. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle, discontinue and end the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STA~L.ETON FIRES & NEWRY LLP By: Travis L. McElhane Es ire Christopher P. Deegan, squire Counsel for Plaintiff r Dated: ~~=~ i ~ ~~ .