HomeMy WebLinkAbout12-6192
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STATE FARM MUTUAL AUTO INS
Plaintiff
vs.
KAYLA SHELLER
Defendant
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COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin W. Lawrence,209032
WELTMAN, WEINBERG & REIS CO.,
325 CHESTNUT STREET SUITE 501
PHILADELPHIA, PA 19106-2614
215-599-1500
FAX: 215-599-1505
09713767 C Y Jer DKM
L.P.A.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
STATE FARM MUTUAL AUTO INS
Plaintiff
vs. Civil Action No
KAYLA SHELLER
Defendant
COMPLAINT AND 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
WELTII+IAN, WEINBERG & REIS CO., L.P.A.
BY: Benjamin W. Lawrende, Esquire Attorney for Plaintlff(s)
Pa. Identification No.209032
325 Chestnut Street, Suite 501
Philadelphia, PA 19106
Phone: 215.599.1500
Fax: 215.599.1505
File #09713767
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STATE FARM MUTUAL AUTOMOBILE } Court of Common Pleas
INSURANCE COMPANY } Cumberland County
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vs. }
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KAYLA SHELLER } NO.
CIVtL ACTION -COMPLAINT
Plaintiff is a business organization licensed and authorized to conduct
business in the State of Illinois with a place of business located at P. O. Box 2371,
Bloomington, Illinois 61702.
2. Defendant, Kayla Sheller, is an adult individual who at all time pertinent
hereto resided at 2023 West Trindle Road, Carlisle, Pennsylvania 17013.
3. State Farm issued a policy of motor vehicle insurance whereby State
Farm agreed to insure the motor vehicle involved in this incident ("Insured Vehicle"),
owned by Plaintiffs insured.
4. On or about April 10, 2012 Defendant was the owner and operator of a
motor vehicle which vehicle did negligently, recklessly and/or carelessly collide with the
Plaintiff Insured's vehicle at or near Carlisle Springs and G Street, Carlisle,
Pennsylvania.
5. The negligence and/or carelessness of the Defendant consisted of the
following:
a. Failing to have his motor vehicle under such control as the situation
warranted;
b. Operating his motor vehicle in complete disregard of the point and
position of Plaintiffs vehicle;
c. Failing to keep a proper lookout;
d. Traveling too fast for conditions;
e. Disregarding traffic control devices;
f. Failing to abide by the Rules of the Road and the Motor Vehicle Code of
Pennsylvania;
g. Being otherwise negligent under the circumstances; and,
h. Being negligent as a matter of law as may be relevant through discovery
and/or at the time of trial.
6. As a direct and proximate result of Defendant's negligence, the State
Farm Insured's vehicle sustained property damage and/or incurred rental charges in the
total amount of $8,930.25. See attached as Exhibit "1" a copy of the damage
documentation which documents Plaintiff further intends to introduce at the arbitration in
this matter.
7. Pursuant to the insurance policy issued by State Farm and as a result of
the aforesaid payment, State Farm became subrogated to the claim of its Insured
against Defendant.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of
$8,930.25 plus interest and costs.
WELTMAN, WEIN~RG & REIS, CO., L.P.A.
f3enjamirt'~V. Lawrence, Esquire
PA I.D. # 209032
325 Chestnut Street
Suite 501
Philadelphia, PA 19106
(215) 599-1500
WWR#09293502
VERIFICATION
I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear
and affirm that the averments in the attached Complaint are true and correct to the best
of my knowledge, information and/or belief. These averments are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities.
Benj in W. Lawrence
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Date ~ l 1 ~~
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
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Richard W Stewart
Solicitor
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State Farm Mutual Automobile Insurance Co.
Case Number
vs.
Kayla Sheller 2012-6192
SHERIFF'S RETURN OF SERVICE
10/05/2012 02:54 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October
5, 2012 at 1454 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kayla Sheller, by making known unto Lorraine Sheller, Grandmother of Kayla Sheller at
2023 W. Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same
time handing to her personally the said true and correct copy of the same.
VALERIE WEARY, D PUTY
SHERIFF COST: $34.00
October 10, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
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