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HomeMy WebLinkAbout13-4302 Supreme Co ennsylvania Cour fCtin ro leas For Prothonotary Use Only: C "Y� �Sx t Docket No: CU ILANb County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace: the filing and service of pleadini. s or other papers as required by law or rules of court. r of Action: S Complaint rl Writ of Summons Petition E Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: State Farm Mutual Automobile Insurance Company Isaiah J. Mallin I Are money damages requested? Yes N o Dollar Amount Requested: Rwithin arbitration limits O (check one) Moutside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? Yes Fx1 No A Name of Plaintiff /Appellant's Attorney: Travis L. McElhaney Check here if you have no attorney ( a Self- Represente(I (Pt•o Set t;iti -ant) 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 Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card M Board of Assessment Motor Vehicle Debt Collection: Other E] Board of Elections Nuisance Dept. of Transportation S Premises Liability Statutory Appeal: Other Product Liability (does not include E mass tort) E] Employment Dispute: El Slander/Libel/ Defamation Discrimination C © Other: Employment Dispute: Other Zoning Board T Other: I Other: O MASS TORT Q Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment [] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation [D Declaratory Judgment rl Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure: Commercial El Quo Warranto Fl Dental [] Partition D Replevin El Legal E] Quiet Title 0 Other: n Medical Other: Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: ? -cl&nz U! r Plaintiff, VS. CIVIL COMPLAINT < < -j ISAIAH J. MALLIN, Fi -T, Filed on behalf of Plaintiff ,"'- - � ca c., , Defendant. Counsel of Record for this Party: F5 Travis L. McElhaney, Esquire �' Travis I.D. # 204023 Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14`' Floor Pittsburgh, PA 15222 (412) 281 -4541 (412) 281 -4547 fax Y9 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) VS. ) ISAIAH J. MALLIN, ) Defendant. ) 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 FIND 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 ) CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) vs. ) ISAIAH J. MALLIN, ) Defendant. ) 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: I . 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, Isaiah J. Mallin ( "Mallin "), is an adult individual residing at 15 Watson Drive, Carlisle, Pennsylvania 17015. 3. At all times relevant hereto, Tara Grdjan ( "Grdjan ") was the owner of a 2008 Ford Focus automobile. 4. At all times relevant hereto, Grdjan maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 5. Pursuant to its policy of insurance, State Farm retains subrogation rights against i any party liable for causing damage to Grdjan's aforementioned vehicle. 6. At all times relevant hereto, Tracy Shadday ( "Shadday ") was the owner of a 1998 Subaru Impreza automobile. 7. At all times relevant hereto, Shadday maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 8. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Shadday's aforementioned vehicle. 9. At all times relevant hereto, Mallin was the operator of a 2012 Chrysler 300 automobile. 10. On or about December 1, 2012, Grdjan's vehicle and Shadday's vehicle were legally parked and unoccupied on Hummel Avenue in Lemoyne, Cumberland County, Pennsylvania, 11. Suddenly and without warning, Mallin, who had been traveling on Hummel Avenue, did strike Grdjan's vehicle and Shadday's vehicle, causing damage thereto. 12. At the time of the collision, Mallin was operating the vehicle while under the influence of alcohol and /or controlled substance. 13. Pursuant to its policy of insurance with Grdjan, Plaintiff State Farm paid sum - certain damages in. the amount of $5,734.31 as a result of the aforementioned damage to Grdjan's vehicle. 14. Pursuant to its policy of insurance with Shadday, Plaintiff State Farm paid sum - certain damages in the amount of $3,845.74 as a result of the aforementioned damage to Shadday's vehicle. COUNT I — NEGLIGENCE 15. Paragraphs 1 -14 above are incorporated by reference herein as if more fully set forth at length below. 16. The careless, negligent and reckless conduct of Mallin was the direct and proximate cause of the damages suffered by Plaintiff, and that conduct is more particularly set forth m 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 traveling too fast for existing circumstances; e. In traveling too close to legally - parked vehicles; f. In striking Shadday's legally- parked vehicle; g. In striking Grdjan's legally - parked vehicle; h. In operating the vehicle while under the influence of alcohol and /or controlled substance; i. In failing to. use the brakes or braking mechanisms; j. In failing to remain alert to existing road conditions; k. In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; and 1. 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, Isaiah J. Mallin, in the amount of $9,580.05, exclusive of interest and costs. 5, Respectfully Submitted, WEBER GALLAGHER SIMPSON ST PLETON FIRE EWBY LLP By : %-- Travis L. McElhaney uire Christopher P. Deeg squire Counsel for Plaintiff VERIFIED STATEMENT I, Travis L. McElhaney, Esquire, being the attorney for plaintiff in the within duly authorized to make this Verified Statement on its behalf, action, am due to the fact that plaintiffs Verified State ment can � and make this Verified Statement not 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 knowledge obtained from plaintiff. and belief based upon I understand that false statements made herein are subject to the he penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Dated: ) 7 Travis L. McElhane s uire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -T-lJF 1 r T i Sheriff , I i 1 7 t �h�J. v f,-%., . ttix�r n1axti�r . Jody S Smith �. "' ?013 AUG $ 4 All 10: 23 Chief Deputy Richard W Stewart d` ' 1"�B�.RLM .�U Solicitor QMCE F Tl-t w7KR[F= P E N N S Y B"A Id 1 A State Farm Mutual Automobile Insurance Company vs. Case Number Isiah James Mallin 2013-4302 SHERIFF'S RETURN OF SERVICE 08/01/2013 05:50 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Isiah James Mallin, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 15 Watson Drive, West Pennsboro, Carlisle, PA 17015. Deputies were informed that the defendant moved to 2682 Little Buffalo Road, Newport, PA. 08102/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Isiah James Mallin, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint& Notice according to law. 08/07/2013 02:22 PM -The requested Complaint& Notice served by the Sheriff of Perry County upon Isiah James Mallin, personally, at 2682 Little Buffalo Rd, Newport, . Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, August 13, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. State Farm Mutual IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Automobile Insurance PERRY COUNTY BRANCH Versus Isiah J. Mallin No. 2013-4302 Cumberland Co. SHERIFF'S RETURN And now August 7 , 2013 : Served the within name Isiah J. Mallin the defendant(s) named herin, personally at his place of residence in Centre Twp-2682 Little Buffalo Road, Newport, Perry County, PA, on August 7 , 2013 at 2:22 o'clock PM by handing to Isiah J. Mallin, defendant 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to before me this day of lit S So answers Prothonotary I Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F.FLICKINGER,Notary Public Bloomfield Boro,Perry County My Commission Expires February 16,2016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 13-4302 Civil Plaintiff, PLAINTIFF'S PRAECIPE FOR vs. DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) ISAIAH J. MALLIN, —; o r*=r w Defendant. Filed on behalf of Plaintiff `C) -o Counsel of Record for this Party: C e=ra ✓-' Travis L. McElhaney, Esquire v N) PA I.D. #204023 C 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 Telephone: (412) 281-4541 Fax: (412) 281-4547 *1(4).5o Pp F.r1 391D S 9g598q voce rn3ilec( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: 13-4302 Civil ) Plaintiff, ) ) vs. ) ) ISAIAH J. MALLIN, ) ) Defendant. ) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Kindly enter judgment in favor of plaintiff State Farm Mutual Automobile Insurance Company and against defendant Isaiah J. Mallin for failure to file an Answer or otherwise respond in the above-captioned action within twenty (20) days of the date of service of the Complaint, and assess plaintiff's damages against defendant in the amount of$9,580.05. I certify that a written notice of intention to file this praecipe was mailed to defendant after the default had occurred and at least ten (10) days before the date of the filing of this praecipe. A copy of this notice is attached. I further certify that the defendant is not in active military service. The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP 1 't4kf Travis L. McElhan squire Dated: l�ii3 Counsel for Plaintiff • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: 13-4302 Civil ) Plaintiff, ) ) vs. ) ) ISAIAH J. MALLIN, ) ) Defendant. ) TO: Isaiah J. Mallin 2682 Little Buffalo Road Newport, PA 17074 Date of Notice: September 5, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP 01/ • - Travis L. McElhan-y, Esq ''re Counsel for Plainti`f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: 13-4302 Civil ) Plaintiff, ) ) vs. ) ) ISAIAH J. MALLIN, ) ) Defendant. ) AFFIDAVIT OF NON MILITARY SERVICE The undersigned,being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Defendant, Isaiah J. Mallin, age unknown, has a place of residence at 2682 Little Buffalo Road, Newport, Pennsylvania 17074. "°:#7, - Travis L. McElh.1 e, , Esquire Attorney for Plaintiff Attorney I.D.#204023 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Sworn to and subscribed before me this/C/ .day of September, 2013 A.D. Notar Public C MONWEALTH OF ' NNSYLVANIA Notarial Seal Denise M.Williams,Notary Public City of Pittsburgh,Allegheny County My Commission Expires Feb.11,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff s Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1037Q(b) was served upon the following defendant by Certified U.S. Mail, postage prepaid, this 1 l day of September, 2013, to the following: Isaiah J. Mallin 2682 Little Buffalo Road Newport, PA 17074 di, I/\44_ Travis L. McElh , Esquire Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: 13-4302 Civil ) Plaintiff, ) ) vs. ) ) ISAIAH J. MALLIN, ) ) Defendant. ) To: Isaiah J. Mallin 2682 Little Buffalo Road Newport, PA 17074 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN HE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. ,MATTER - David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Travis L. McElha , squire PA I.D. No.: 204023 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Two Gateway Center— Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE CIVIL DIVISION—ARBITRATION COMPANY, Plaintiff, No.: 13-4302 vs. PRAECIPE FOR CERTIFICATION OF ISAIAH J. MALLIN, MOTOR VEHICLE JUDGMENT Defendant. Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. #204023 Christopher P. Deegan, Esquire emu; PA I.D. #85635 z Cam')" = , 1 WEBER GALLAGHER SIMPSO t173 o, 1,-7 STAPLETON FIRES &NEWBY, E.,. Firm#594 c Two Gateway Center -'r co 14th Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 4s. 's7 L 40 evt43/41 y n ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE ) CIVIL DIVISION—ARBITRATION COMPANY, ) ) No.: 13-4302 Plaintiff, ) ) vs. ) ) ISAIAH J. MALLIN, ) ) Defendant. ) ) ) PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO: Prothonotary Kindly issue a Certification of Motor Vehicle Judgment against the defendant, ISAIAH J. MALLIN, in connection with the above-captioned matter. Date of Accident: December 1, 2012 Isaiah Mallin's Date of Birth: July 13, 1993 Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP MAIV • By: Travis L. McElh.. squire Counsel for Plaint. Dated: 1-3.'