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HomeMy WebLinkAbout13-2424 Supreme Coi ,ennsylvania Con feCOtYIIYIO Pleas For Prothonotary Use Only: 7' Cv><l Cvr,Sheet !'iii• C140 la'nd'" Docket No: County The information collected on this form is used solely for court administration purposes. This fora: does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S X Complaint 0 Writ of Summons 0 Petition 0 E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Allstate a /s /o Larry Palmer Bridgewater Wholesalers, Inc. I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (check one) Ooutside arbitration limits N Is this a Class Action Suit? 11 Yes E No Is this an MDJAppeal? Yes S No A Name of Plaintiff /Appellant's Attorney: Jeffrey S. Gillman, Esquire 0 Check here if you have no attorney (are a Self - Represented [Pro Se) :Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation El Premises Liability B Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) El i Employment Dispute: J Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I Other: O MASS TORT ©i Asbestos N 0 Tobacco 0 Toxic Tort -DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS [J Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1 /1/2011 OF r FfO }. NC1 FA,. 20 13 FlA Y -� p 1: 01� Gold, Silverman, Goldenberg & Binder CUMB A NO By: Jeffrey S. Gillman, Esquire PENNS Y LVAti T Identification Number: 310578 Two Penn Center Plaza Suite 1506 1500 John F. Kennedy Boulevard Philadelphia, Pennsylvania 19102 Telephone Number: (215) 563 -6067 ALLSTATE a/s /o COURT OF COMMON PLEAS LARRY PALMER CUMBERLAND COUNTY, PA Care of: Gold, Silverman, Goldenberg & Binder 1500 John F. Kennedy Blvd., Suite 1506 Philadelphia, PA 19102 NO. 1 3.E Id V l U l V. BRIDGEWATER WHOLESALERS, INC. 299 Mulberry Drive Mechanicsburg, PA 17050 NOTICE TO PLEAD 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 notice for any money claimed in the complaint or for any other claim to 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 HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 �,�� -si �.'�s d o Gold, Silverman, Goldenberg & Binder By: Jeffrey S. Gillman, Esquire Identification Number: 310578 Two Penn Center Plaza Suite 1506 1500 John F. Kennedy Boulevard Philadelphia, Pennsylvania 19102 Telephone Number: (215) 563 -6067 ALLSTATE a/s /o COURT OF COMMON PLEAS LARRY PALMER CUMBERLAND COUNTY, PA Care o£ Gold, Silverman, Goldenberg & Binder 1500 John F. Kennedy Blvd., Suite 1506 : Philadelphia, PA 19102 NO. V. BRIDGEWATER WHOLESALERS, INC. 299 Mulberry Drive Mechanicsburg, PA 17050 COMPLAINT — CIVIL ACTION — MOTOR VEHICLE ACCIDENT PROPERTY DAMAGE 4M 1. The plaintiff, Allstate Insurance Company Insurance Company is a subrogee of Larry Palmer and maintains its address for purposes of this litigation at 1500 John F. Kennedy Blvd., Suite 1506, Philadelphia, PA 19102. 2. The defendant, Bridgewater Wholesaleers, Inc., 299 Mulberry Drive, Mechanicsburg, PA 17050, is a company duly licensed to do business in the County of Cumberland, Commonwealth of Pennsylvania. 3. At all times relevant hereto, Larry Palmer was insured with Allstate Property and Casualty Company (hereinafter referred to as "Allstate ") for, inter alia, "collision coverage." 4. At all times relevant hereto, the plaintiff, Larry Palmer, controlled, owned and operated a 2010 Chevrolet motor vehicle involved in the accident herein. 5. At all times relevant hereto, the defendant, Smith Transport, Inc.'s vehicle was operated by Rick Clouser, an agent, servant, employee and/or contractor in the course and scope of his employment, agency, and/or contract with the defendant, Smith Transport, Inc. Therefore, all acts and/or omissions on behalf of Rick Clouser are therefore imputed to the defendant, Smith Transport, Inc. 6. On or about November 8, 2012 at approximately 12:00 p.m., the Plaintiff was travelling in the right lane on the Pennsylvania Turnpike, in Allegheny County, PA, when the Defendant, travelling in the same direction but in the left lane, attempted to switch into the right lane, striking the plaintiff's vehicle's passenger side and causing the Plaintiff's vehicle to sustain damages more particularly set forth hereafter. 7. On the date and time aforesaid, the accident noted was caused by the negligence, carelessness, and recklessness of the Defendant and included, but was not limited to the following: a. Failing to have his vehicle under proper and adequate control; b. Failing to observe Plaintiff's vehicle on the highway; C. Failing to operate the vehicle in accordance with existing traffic conditions; d. Failing to drive the vehicle with due regard for the highway and traffic conditions which were existing and of which Defendant was or should have been aware; e. Operating said vehicle in such a manner as to endanger other vehicles on the highway such as the Plaintiff; f. Failing to regard the point, position and safety of the Plaintiff, g. Failing to properly change lanes; h. Failing to yield the right of way to established traffic when chancing lanes; i. He was negligent and reckless as a matter of law; j. He was otherwise negligent under the circumstances; k. Otherwise violating the applicable ordinances of Allegheny County and the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles 8. As a result of the negligence of the Defendant, the Plaintiff's motor vehicle sustained damages to in and about its parts, together with towing, storage and automobile rental with other damages in the total amount of $3,125.59. 9. As a result of the aforementioned damage to Mr. Palmer's vehicle, Allstate paid, pursuant to Mr. Palmer's collision coverage, the property damage. 10. Pursuant to the terms of Mr. Palmer's automobile liability insurance policy, Allstate has the contractual right to pursue subrogation for the property damage paid. WHEREFORE, the plaintiff, Larry Palmer, demands judgment against the defendant, Smith Transport, Inc. in the amount of $3,125.59 exclusive of interest and costs. GOLD, SILVERMAN, GO NBERG & BINDER BY: JEMney� . GI LMAN, ESQUIRE Att r P la' tiff VERIFICATION I, Jeffrey S. Gillman, Esquire, aver that I am the attorney for the Plaintiff, in this case, and I aver that the averments contained in the foregoing pleadings are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 6 / J 1 llm , Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY. Ronny R Anderson t rfl.'r f'F1C Sheriff ��ROT BONOTAfl ) U Jody S Smith Chief Deputy � �� J Q � Richard W Stewart * �� °' j+t' rR q D COUNTY Solicitor �3>=::€7(.ECPT14-SKRIPP cur�fl��L�NC� PENNSYLVANIA Allstate a/s/o Larry Palmer Case Number vs. Bridgewater Wholesales 2013-2424 SHERIFF'S RETURN OF SERVICE 05/17/2013 10:28 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Mike Acri, Facility Manager, who accepted as"Adult Person in Charge"for Bridgewater Wholesales at 299 Mulberry Drive, Silver Spring Township, Mechanicsburg, PA 17055. C ��t'. NOAH CLINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, May 23, 2013 R-ONW R ANDERSON, SHERIFF (c)CountySuite Sheritf,Teleosoft.Inc. FILED-OFFICE If HE PR Gold, Silverman, Goldenberg& Binder OMONOTAR',, By: Jeffrey S. Gillman, Esquire 20131 JUN -6 AM 11: 23 Identification Number: 310578 Two Penn Center Plaza CUMBERLAND COUNTY Suite 1506 PENNSYLVANIA 1500 John F. Kennedy Boulevard Philadelphia,Pennsylvania 19102 Telephone Number: (215) 563-6067 ALLSTATE a/s/o COURT OF COMMON PLEAS LARRY PALMER CUMBERLAND COUNTY, PA Care of: Gold, Silverman, Goldenberg&Binder 1500 John F. Kennedy Blvd., Suite 1506 Philadelphia,PA 19102 NO. 13.2424 Civil V. BRIDGEWATER WHOLESALERS, INC. 299 Mulberry Drive Mechanicsburg,PA 17050 ORDER TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter settled, discontinued and ended upon payment of your costs only. GOLD, SILVERMAN, GO DENBERIG &BINDER BY: Jy* ILL AN,ESQUIRE Att I fo7rlaintiff