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Home My WebLink About14-0074 Supreme Cour 6f Pennsylvania C Our ,¢, Com inO P ", leas For Prothonotary Use Only: o�%er Sheet ,,. Docket No: is CU t B RLAN`D `'y County i7j The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lain or rules ofcourt. Commencement of Action: S [E Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: T Motorists Mutual Insurance Company Keith S. Smith and Jessica A. Bowersox Dollar Amount Requested: xlwithin arbitration limits I Are money damages requested? Yes No (check one) Ooutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes ] No A Name of Plaintiff /Appellant's Attorney: Travis L. McElhaney Check here if you have no attorney (are a Self - Represented [Pro Sel 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 M Motor Vehicle Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other Zoning Board T Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation L..] Declaratory Judgment El Ground Rent Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto Mortgage Foreclosure: Commercial 0 Dental 0 Partition 0 Replevin Legal 0 Quiet Title ❑ Other: Medical 0 Other: 0 Other Professional: Updated 1/1/2011 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE CIVIL DIVISION -- ARBITRATION COMPANY, Plaintiff, No.: N L vs. CIVIL COMPLAINT KEITH S. SMITH andfM JESSICA A. BOWERSOX� cr nz Defendants. Filed on behalf of Plaintiff: Counsel of Record for this Party: co 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 Telephone: (412) 281 -4541 Fax: (412) 281 -4547 C I, LL �� J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE ) CIVIL DIVISION — ARBITRATION COMPANY, ) No.. Plaintiff, ) VS. ) KEITH S. SMITH and ) JESSICA A. BOWERSOX, ) 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 Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE ) CIVIL DIVISION — ARBITRATION COMPANY, ) No.. Plaintiff, ) vs. ) KEITH S. SMITH and ) JESSICA A. BOWERSOX, ) Defendants. ) COMPLAINT AND NOW, comes Plaintiff, Motorists Mutual 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, Motorists Mutual Insurance Company ( "Motorists "), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at 471 East Broad Street, Columbus, Ohio 43215. 2. Defendant, Keith S. Smith ( "Smith "), is an adult individual residing at 4604 Linden Avenue, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Jessica A. Bowersox (`13 owersox "), is an adult individual residing at 745 Bosler Avenue, Lemoyne, Pennsylvania 17043. 4. At all times relevant hereto, Elizabeth Buda ( "Buda ") was the owner and operator of a 2000 Toyota Sienna automobile 5. At all times relevant hereto, Buda maintained a policy of automobile insurance with Motorists which covered her aforementioned vehicle. 6. Pursuant to its policy of insurance, Motorists retains subrogation rights against any party liable for causing damage to Buda's aforementioned vehicle. 7. At all times relevant hereto, Bowersox was the owner of a 1996 Volkswagen Golf automobile bearing Pennsylvania license plate number HPX 4989. 8. At all times relevant hereto, Smith was an employee and /or agent and /or representative of Bowersox, and was operating Bowersox's aforementioned vehicle within the course and scope of his employment and /or agency and /or representation and /or was a permissive operator of Bowersox's vehicle. 9. On or about March 2, 2012, Buda operated her 2000 Toyota eastbound on Gettysburg Road in Lower Allen Township, Cumberland County, Pennsylvania, at or near its intersection with Kranzel Drive. 10. At the same time and place, Smith operated Bowersox's 1996 Volkswagen southbound in a parking lot at or near Kranzell Drive. 11. Suddenly and without warning, Smith did enter Gettysburg Road, did enter Buda's lane of travel and did cause a collision with Buda's vehicle, causing, damage thereto. 12. At all times relevant hereto, Buda was operating her vehicle in a lawful manner and had the right -of -way. 13. Pursuant to its policy of insurance with Buda, Plaintiff Motorists paid sum - certain damages in the amount of $3,627.02 as a result of the aforementioned damage to Buda's vehicle.. COUNT I — NEGLIGENCE Motorists Mutual Insurance Company vs. Keith S. Smith 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 Smith 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 remain alert to existing road and traffic conditions; e. In entering Gettysburg Road without first ensuring that traffic had cleared and it was reasonably safe to do so; f. In entering Buda's lane of travel; g. In causing a collision with Buda's vehicle; h. In failing to yield the right -of -way to Buda; i. In failing to use the brakes or braking mechanisms; j. In failing to stop for the stop sign; 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, Motorists Mutual Insurance Company, demands judgment in its favor and against the defendant, Keith S. Smith, in the amount of $3,627.02, exclusive of interest and costs. COUNT II — NEGLIGENCE Motorists Mutual Insurance Company vs. Jessica A. Bowersox 16. Paragraphs 1 -15 above are incorporated by reference herein as if more fully set forth at length below. 17. The careless, negligent and reckless conduct of Bowersox 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 15; d. In entrusting the use of her vehicle to Smith when she knew or should have known that Smith would operate it in a careless, negligent and reckless manner; e. In entrusting the use of her vehicle to Smith when she knew or should have known that Smith would act or omit to act as described in paragraph 15; f. In entrusting the use of her vehicle to Smith when she knew or should have known that Smith would operate it in violation of the Pennsylvania Motor Vehicle Code; and g. In failing provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, Motorists Mutual Insurance Company, demands judgment in its favor and against the defendant, Jessica A. Bowersox, in the amount of $3,627.02, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON ES & NEWBY LLP By: �° Travis L. McElha y squire Christopher P. Dee an, 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 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. Travis L. McEI ane , Esquire Dated: � c� z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T'" D v r IC Sheriff .Z r frIt40. iisARY Jody S Smith 2111 t FEB ! 9 P11 3• 9 Chief Deputy Richard W Stewart �UMEE LAND COUNTY 1f Solicitor °` ° ' r PENNSYLVANIA Motorists Mutual Insurance Company Case Number vs. 2014-74 Keith S Smith (et al.) SHERIFF'S RETURN OF SERVICE 02/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jessica A Bowersox, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 745 Bosler Avenue, Lemoyne Borough, Lemoyne, PA 17043. The Lemoyne Postmaster confirms that the defendant is not known at the address provided. 02/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Keith S Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 4604 Linden Avenue, Lower Allen, Mechanicsburg, PA 17055. Six attempts at service were made and at this tme the Complaint has expired. SHERIFF COST: $94.68 SO ANSWERS, February 11, 2014 RONNK SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE CIVIL DIVISION --ARBITRATION COMPANY, Plaintiff, No.: 2014-74 CIVIL vs. PRAECIPE TO REINSTATE KEITH S. SMITH and COMPLAINT JESSICA A. BOWERSOX, Defendants. Filed on behalf of Plaintiff: E =' -n rn Counsel of Record for this Party: f� 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 106 to d OJAI CL %9 C6-4) P rp_* oaaD8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE ) CIVIL DIVISION—ARBITRATION COMPANY, ) ) No.: 2014-74 CIVIL Plaintiff, ) ) vs. ) ) KEITH S. SMITH and ) JESSICA A. BOWERSOX, ) ) Defendants. ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLE 1•N FIRES &NEWBY LLP By: � 'Thane 4 Travis L. Mc Thane , Esquire Christopher P. Dee.an, Esquire Counsel for Plaintiff Date: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;it! APR II PH 2: 3 "UMBERLApL0 L;OUf1'T-‘1 PENNSYLVANIA or'FggE OF THE SHERIFF Motorists Mutual Insurance Company vs. Keith S Smith (et al.) Case Number 2014 -74 SHERIFF'S RETURN OF SERVICE 03/05/2014 02:50 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: Jessica A Bowersox, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 239 W. Locust Avenue, Carlisle Borough, Carlisle, PA 17013. Deputies were advised that the defendant was a former resident at this address which is a recovery house for women but no longer resides here and per the Carlisle Postmaster the defendant is not known at the address provided. 03/07/2014 03:01 PM - Deputy Shawn Gutshall, 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: Keith S Smith at 1762 W. Trindle Road, Apt. 2, Carlisle, PA 17013. SH W GUTSHAL E R d- V � SHERIFF COST: $67.08 SO ANSWERS, April 02, 2014 :tySuite St eriY, T&eosof , Inc. RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE CIVIL DIVISION -- ARBITRATION COMPANY, Plaintiff, No.: 2014-74 CIVIL vs. PRAECIPE TO REINSTATE KEITH S. SMITH and COMPLAINT JESSICA A. BOWERSOX, Defendants. 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 ,":-.1 ■..- „ . 75: t.....) , , c_?? r-D r amt 1, QA) S I OC) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, VS. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 2014-74 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, Date: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Ii Travis L. L. Mc El aney, Esquire Counsel for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff +�},of .frt� 1HE. PRO THCNJ i:=+, Jody S Smith t, Chief Deputy _ 10: Richard W Stewart Solicitor CUMBERLAND COUNT`{ PENNSYLVANIA Motorists Mutual Insurance Company vs. Case Number Keith S Smith (et al.) 2014-74 SHERIFF'S RETURN OF SERVICE 04/24/2014 09:17 AM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Keith Smith, Husband, who accepted as"Adult Person in Charge"for Jessica A Bowersox at 1762 W. Trindle Road,Apt. 1762, Middlesex Township, Carlisle, PA 17015. JASON KIN DEPUTY SHERIFF COST: $34.78 SO ANSWERS, April 28, 2014 RONIWR ANDERSON, SHERIFF :.��, r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION No.: 14-74 Civil — ARBITRATION 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 cowl si(p.ScrXi a� etA4 35390 -10o7va3 No hCG fticu l -Pd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MO'IIORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037(b) To the Prothonotary: Kindly enter judgment in favor of plaintiff Motorists Mutual Insurance Company and against defendants Keith S. Smith and Jessica A. Bowersox 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 $3,627.02. I certify that a written notice of intention to file this praecipe was mailed to defendant afterIthe 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. Date' 6/6/Iy Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhan 'quire Counsel for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. TO: Keith Smith 1762 W. Trindle Road, Apt. 2 Carlisle, PA 17013 Date of Notice: April 30, 2014 CIVIL DIVISION — ARBITRATION No.: 14-74 Civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT 1'EN 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 FIRES & NEWBY LLP 444 Travis L. McElhanq/y, E�quire Counsel for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. TO: Jessica Bowersox 1762 W. Trindle Road, Apt. 1762 Carlisle, PA 17015 Date of Notice: May 19, 2014 CIVIL DIVISION — ARBITRATION No.: 14-74 Civil 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 FIRES NEWBY LLP Travis L. McElhan y, E, quire Counsel for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil 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, Keith S. Smith, age unknown, has a place of residence at 1762 West Trindle Road, Apartment 2, Carlisle, Pennsylvania 17013. Travis L. McElhane squire 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 (0 Hi day of June, 2014 A.D. 11(7Yel:L") Ne i I.ePH OF PE NSYLVANIA ty 9I Notarial Seal Denise M. Williams, Notary Public Ci of Pittsbur h, Allegheny County MY y Commission Expires Feb. 11, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, !vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil 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 West as amended; That Defendant, Jessica A. Bowersox, age unknown, has a place of residence at 1762 Trindle Road, Apartment 2, Carlisle, Pennsylvania 17013. Sworn to and subscribed before me this (aM day of June, 2014 A.D. Nota 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 n44, Travis L. McElhaney, ire Attorney for Plaintiff 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 Jud ent Pursuant to Pa.R.C.P. 1037(b) was served by Certified U.S. Mail, postage prepaid, this day of June, 2014, to the following: Keith S. Smith 1762 West Trindle Road, Apt. 2 Carlisle, PA 17013 Jessica A. Bowersox 1762 West Trindle Road, Apt. 2 Carlisle, PA 17013 Travis L. McElhaiey(Esquire Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOIlORISTS MUTUAL INSURANCE CIVIL DIVISION — ARBITRATION COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. To: Keith S. Smith 1762 West Trindle Road, Apt. 2 Carlisle, PA 17013 HAS No.: 14-74 Civil 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MA BEEN ENTERED AGAINST YOU. David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Ym Travis L. McElhan PA I.D. No.: 20402 squire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center — Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, To: Defendants. Jessica A. Bowersox 1762 West Trindle Road, Apt. 2 Carlisle, PA 17013 CIVIL DIVISION — ARBITRATION No.: 14-74 Civil 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE A OVE CAPTIONED MATTE 2)).,HAS BEEN ENTERED AGAINST YOU. David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Travis L. McElhan . Esquire 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 IN THE COURT OF COMMON PLEAS MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. FFi EE3-0 r fC;E: CF THE PROTHONOTARY HONOTAR 2014 NOV -3 PH 3: 02 CUMBERLAND COUNTY PENNSYLVANIA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION — ARBITRATION No.: 14-74 Civil PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT 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 175 PQ Fl c#378 013i 9E31 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO: Prothonotary Kindly issue a Certification of Motor Vehicle Judgment against the defendant, JESSICA BOWERSOX, in connection with the above -captioned matter. Dated: Date of Accident: March 2, 2012 Jessica Bowersox's Date of Birth: March 20, 1987 By: Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElha Esquire Counsel for Plaintiff FI D_O.� i.ICs: �' �Lw u i i ,.� OF THE PROTHONOTARY 2014 NOV —3 Pik 3:03 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT 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 45.'75 AT1Y Of pta/a 98/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff, vs. KEITH S. SMITH and JESSICA A. BOWERSOX, Defendants. CIVIL DIVISION — ARBITRATION No.: 14-74 Civil PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO: Prothonotary Kindly issue a Certification of Motor Vehicle Judgment against the defendant, KEITH S. SMITH, in connection with the above -captioned matter. Date of Accident: March 2, 2012 Keith S. Smith's Date of Birth: May 31, 1989 By: Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, Counsel for Plaintiff