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Home My WebLink About13-5582 Supreme Coin o'ennsylvania t Con :H of .mmo leas For Prothonotary Use Only: velDs eet -+v Docket No: t Cu. erlan`d County o ail, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofplea o r oth paper as required by law or rules of court. Commencement of Action: S (9 Complaint i -1 Writ of Summons 7 Petition Transfer from Another Jurisdiction 17 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: State Farm Mutual Automobile Insurance Company Anatoliy A. Venskyy and Leysa Venskyy T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Doutside arbitration limits O N Is this a Class Action Suit? 0 Yes [0 No Is this an MDJAppeal? ( Yes x! No A Name of Plaintiff/Appellant's Attorney: Travis L. McElhaney 4 0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) r -- 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 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution _a Debt Collection: Credit Card Board of Assessment z Motor Vehicle ! Debt Collection: Other 0 Board of Elections t 3 Nuisance Dept. of Transportation 0 Premises Liability B Statutory Appeal: Other S 0 Product Liability (does not include mass tort) Employment Dispute: E Discrimination Slander/Libel/ Defamation 0 Employment Dispute: Other Zoning Board I C 0 Other: I T 0 Other: T 0 Other: O MASS TORT Asbestos N Tobacco Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: E_; Eminent Domain/Condemnation 0 Declaratory Judgment 0 Eli Ground Rent _, Non - Domestic Relations Landlord/Tenantbispute F 0 Mortgage Foreclosure: Residential Restraining Order 4 ! PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial -! Quo Warranto 0 Dental 0 Partition i � Replevin I Legal 17 Quiet Title Other: Medical 0 Other: Other Professional: r Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE (�1n COMPANY, No.: Plaintiff, CIVIL COMPLAINT � VS..' -- r- ANATOLIY A. VENSKYY Filed on behalf of Plaintiff and LEYSA VENSKYY, Counsel of Record for this Party: ;,, CD; Defendants. 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 14' Floor Pittsburgh, PA 15222 (412) 281 -4541 (412) 281 -4547 fax 4Ip3. - 75 PD ATN C# 5S911 & �) 46q8a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) VS. ) ANATOLIY A. VENSKYY ) and LEYSA VENSKYY, ) Defendants. ) 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. ) ANATOLIY A. VENSKYY ) and LEYSA VENSKYY, ) Defendants. ) 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: 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, Anatoliy A. Venskyy, is an adult individual currently residing at 41 Kingswood Terrace, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Leysa Venskyy, is an adult individual currently residing at 41 Kingswood Terrace, Carlisle, Cumberland County, Pennsylvania 17013. 4. At all times relevant hereto, Sheila Pearce ( "Pearce ") was the owner and operator of a 2000 Chevrolet Tracker automobile. 5. At all times relevant hereto, Pearce maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against alleged tortfeasors for any payments made pursuant to the policy. 7. At all times relevant hereto, Anatoliy Venskyy was the permissive operator of a 1994 Dodge Caravan automobile owned by Leysa Venskyy and /or was an agent of Leysa Venskyy operating the vehicle within the course and scope of same. 8. On or about October 11, 2011, Pearce was traveling on Route 522 in Berkeley Springs, Morgan County, West Virginia, when she signaled and slowed, preparing to turn left into the Post Office. 9. Suddenly and without warning, Anatoliy Venskyy, who had been driving Leysa Venskyy's vehicle behind Pearce on Route 522, did strike Pearce's vehicle from behind, causing damage to Pearce's vehicle and injuries to her person. 10. At all times relevant hereto, Pearce was operating her automobile in a lawful manner and had the right -of -way. 11. Pursuant to its policy of insurance with Pearce, Plaintiff State Farm paid sum - certain property damages, as well as uninsured motorist benefits, in the amount of $4,495.25 as a result of the aforementioned injuries and damages suffered by Pearce. COUNT I — NEGLIGENCE State Farm Mutual Automobile Insurance Company vs. Anatoliy A. Venskyy 12. Paragraphs 1 -11 above are incorporated by reference herein as if more fully set forth at length below. 13. The careless, negligent and reckless conduct of Anatoliy A. Venskyy 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; d. In traveling too fast for existing circumstances; e. In traveling too close to Pearce's vehicle; f. In striking Pearce's vehicle from behind; g. In failing to maintain an assured clear distance from Pearce's vehicle; h. In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; and i. 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, Anatoliy A. Venskyy, in the amount of $4,495.25, exclusive of interest and costs. COUNT II — NEGLIGENCE State Farm Mutual Automobile Insurance Company vs. Leysa Venskyy 14. Paragraphs 1 -13 above are incorporated by reference herein as if more fully set forth at length below. 15. The careless, negligent and reckless conduct of Leysa Venskyy 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 properly train her employee and /or agent and /or representative; b. In failing to properly supervise her employee and /or agent and /or representative; c. In allowing and /or permitting her employee and /or agent and/or representative to act or omit to act as described in paragraph 13; d. Pursuant to common law respondeat superior; e. Pursuant to common law vicarious liability; f. In entrusting the use of her vehicle to Anatoliy Venskyy when she knew or should have known that Anatoliy Venskyy would operate it in a careless, negligent and reckless manner; g. In entrusting the use of her vehicle to Anatoliy Venskyy when she knew or should have known that Anatoliy Venskyy would act or omit to act as described above; and h. 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, Leysa Venskyy, in the amount of $4,495.25, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETONFIRE & NEWBY LLP By: `^ Travis L. McElha e , Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff 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 plaintiffs 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. q Travis L. McElh ey squire Dated: i � 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson pLElJ-0 1 x-`{ Sheriff = p� �, `F.. i Pic tear 1, � Jody S Smith r ' Chief Deputy 29 0uT 3 PM 2: 42 Richard W Stewart °" " Solicitor �� ) �� N�p�� . �lBE�>�L.t�ND COUN�',�, 'ENN'�3YL�'ANIA State Farm Mutual Automobile Ins. Co. Case Number vs. Anatoliy A Venskyy(et al.) 2013-5582 SHERIFF'S RETURN OF SERVICE 09/28/2013 07:37 PM-Deputy Stephen Bender, being duly swam according to law, served the requested Complaint &Notice by handing a true copy to a person representing themselves to be LEYSA VENDKYY WIFE, who accepted as"Adult Person in Charge"for Anatoliy A Venskyy at 14 Kingswood Terrace, North Middleton, Carlisle, PA 17013. STEPHEN BENDER, DEPUTY 09/28/2013 07:37 PM-Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint &Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Leysa Vendkyy at 41 Kingswood Terrace, North Middleton, Carlisle, PA 17013. STEPHE BENQER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, September 27, 2013 RON .. R ANDERSON, SHERIFF (c)CcuntySuide Sheriff,Telecsot(tic, State Farm Mutual Automobile In the Court of Common Pleas of Cumberland County, Pennsylvania Insurance Company No. 13-5582 Civil Term vs Anatoliy A. Venskyy, et ux PRAECIPE Sir: Please enter my appearance for the defendants in the above captioned matter. rr; t<E, David D. Buell, Prothonotary 20 / 3 Attorney Info: William A.Addams Pa. I.D.06265 Atto ey or Defendant 43 W.South St. Carlisle,PA 17013 717-243-7638 717-243-8955 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, vs. Plaintiff, J ANATOLIY A. VENSKYY and LEYSA VENSKYY, Defendants. CIVIL DIVISION — ARBITRATION No.: 13-5582 Civil Term PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) 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 Telephone: (412) 281-4541 Fax: (412) 281-4547 C-) DKr\ .=WD. c)L4or `36►03 2-* Siut IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ANATOLIY A. VENSKYY and LEYSA VENSKYY, Defendants. CIVIL DIVISION — ARBITRATION No.: 13-5582 Civil Term 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 Anatoliy A. Venskyy ONLY 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 $4,495.25. 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. Dated: l -217-4// Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, wire Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ANATOLIY A. VENSKYY and LEYSA VENSKYY, Defendants. TO: ) ) CIVIL DIVISION — ARBITRATION No.: 13-5582 Civil Term Anatoliy A. Venskyy 41 Kingswood Terrace Carlisle, PA 17013 William A. Addams, Esquire 43 West South Street Carlisle, PA 17013 Date of Notice: October 8, 2014 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 Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIR NEWBY LLP Travis L. McElha , : quire Counsel for Plai ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ANATOLIY A. VENSKYY and LEYSA VENSKYY, Defendants. CIVIL DIVISION — ARBITRATION No.: 13-5582 Civil Term 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, Anatoliy A. Venskyy, age unknown, has a place of residence at 41 Kingswood Terrace, Carlisle, Pennsylvania 17013. Swoto and subscribed before me thiday of December, 2014 A.D. • 4 No y Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise M. Williams, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 11, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Travis L. McElhan . E ' . uire Attorney for Plainti Attorney I.D.# 204023 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 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. 1037(b) was served by Certified U.S. Mail, SP 4) prepaid, this day of December, 2014, to the following: Anatoliy A. Venskyy 41 Kingswood Terrace Carlisle, PA 17013 William A. Addams, Esquire 43 West South Street Carlisle, PA 17013 le‘ Travis L. McElhan squire Counsel for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ANATOLIY A. VENSKYY and LEYSA VENSKYY, Defendants. TO: CIVIL DIVISION — ARBITRATION No.: 13-5582 Civil Term Leysa Venskyy 41 Kingswood Terrace Carlisle, PA 17013 William A. Addams, Esquire 43 West South Street Carlisle, PA 17013 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MA ER HAS BEEN ENTERED AGAINST YOU. David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Travis L. McElhaney, E -'ire 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 WILLIAM A. ADDAMS ATTORNEY ID # 06265 10 W. HIGH ST. CARLISLE PA 17013 TELEPHONE 910-553-4127 01 !DEC -9 P; 1: 3 9 7—,� ., t�Lrjillo� State Farm Mutual Automobile Insurance Company, Plaintiff vs. Anatoliy A. Venskyy And Leysa Venskyy, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No.13-5582 Civil Action - Law ANSWER AND now come the Defendants Anatoliy and Leysa Venskyy by their attorney, William A. Addams, and make the following Answer to the Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. After reasonable investigation the Defendants are without sufficient evidence to form a belief as to the averment. The same is therefore denied and proof thereof demanded. 5 - 6. The answer to paragraph 4 is hereby incorporated by reference. 7. Denied. The averments are factual allegations that are deemed denied and at issue in accordance with Pa. R.C.P. 1029(e), and proof thereof, if relevant, is demanded. 8 -11. The answer to paragraph 7 is hereby incorporated by reference. 12 -13. reference. Count I The answer to paragraph 7 is hereby incorporated by WHEREFORE, the Defendants request Count I be dismissed. Count II 14- 15. The answer to paragraph 7 is hereby incorporated by reference. WHEREFORE, the Defendants request Count II and the Complaint be dismissed. Willi. m A. Addams Attorney for the Defendants December 8, 2014 M Affidavit of Service 1, William A. Addams, hereby verify a copy of the Answer has been served on the Plaintiff by First Class U.S.P.S. Mail on December 8, 2014 as follows: I understand that false statements herein made are subject to the provisions of Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. Travis McElhaney, Esquire Weber Gallagher 2 Gateway Center, Suite 1450, 603 Stanwix Street, Pittsburgh PA, 15222 Date William A. Addams