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Home My WebLink About12-7750IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. NICHOLAS VENESEVICH, CNIL DIVISION -ARBITRATION No.. /,Z, -~ / ~s~ C~,~.L`T~,., CIVIL COMPLAINT Filed on behalf of Plaintiff -~, r_~, t~: ~ " . = = i ° . , 1 1 ' [== ~ -~ ~ - - -~~~- ~ - Defendant. Counsel of Record for this Party: '~ ~' -~-> _~_ ,_., .~.... tJ ~`. _ ,:_k ~.. ; __ _;~, Travis L. McElhaney, Esquire ~~ ~~ ~ ,, PA LD. # 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 ~? ~i~3. ~s~~A~,l~ c~ 3aYas R~~~~f~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. NICHOLAS VENESEVICH, Defendant. CIVIL DIVISION -ARBITRATION No.. 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 F1ND 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 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION -ARBITRATION Plaintiff, vs. NICHOLAS VENESEVICH, Defendant. No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile 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: 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, Nicholas Venesevich ("Venesevich"), is an adult individual residing at 510 Manor Terrace, Harrisburg, Pennsylvania 17111. At all times relevant hereto, Keith Sealing was the owner of a 2009 Toyota Corolla automobile, which was being driven by Ariel Sealing. 4. At all times relevant hereto, Keith Sealing 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 Keith Sealing's aforementioned vehicle. 6. At all times relevant hereto, Venesevich was the owner and operator of a 1996 Oldsmobile Sierra automobile. 7. On or about December 30, 2010, Ariel Sealing was driving Keith Sealing's vehicle in the travel lane of a parking lot near Arby's in the Camp Hill Shopping Center in Camp Hill, Cumberland County, Pennsylvania. Suddenly and without warning, Venesevich, who had been traveling through parking spaces in the lot in an apparent attempt to turn around, did strike the passenger side of Keith Sealing's vehicle, causing damage thereto. 9. At all times relevant hereto, Ariel Sealing was operating Keith Sealing's automobile in a lawful manner and had the right-of--way. 10. Pursuant to its policy of insurance with Keith Sealing, Plaintiff State Farm paid sum-certain damages in the amount of $4,792.12 as a result of the aforementioned damage to Keith Sealing's vehicle. COUNT I -NEGLIGENCE 1 1. 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 Venesevich 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 he traveled; d. In failing to yield to a vehicle with the right-of--way; e. In striking Keith Sealing's vehicle; f. In driving in an area not lined for vehicle traffic; g. In driving through parking spaces in an apparent attempt to turn his vehicle around; h. In failing to recognize that Ariel Sealing had control of the parking lot travel lane; i. In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; and j. 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, demands judgment in its favor and against the defendant, Nicholas Venesevich, in the amount of $4,792.12, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: "~ Travis L. McElhaney, squire Christopher P. eeg ,Esquire Counsel for Plain i f VERIFIED STATEMENT I, Travis L. McElhaney, 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. Dated: ~ -~ 12 .~ Travi L. McElhaney, s ire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 12-7750 Wm Plaintiff, PRAECIPE TO SETTLE vs. DISCONTINUE AND END NICHOLAS VENESEVICH, 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. #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 ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: 12-7750 Plaintiff, ) vs. ) NICHOLAS VENESEVICH, ) Defendant. ) PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly reinstate the civil complaint in the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP � By: pm Travis L. McElh , Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff Dated:3 27 A -3