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Home My WebLink About14-0075 Supreme Cod Pennsyivania COur OfrCOI11R1O � For Prothonotary Use Only: 1P C ll - ,h 1 6 z# Docket NO:� Cu B RLND"'',; County ✓ llr�. The information collected on this form is used solely for court administration purposes. This fore: does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. r� Commencement of Action: S Xi Complaint 0 Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Nationwide Property and Casualty Insurance Company Tammy L. Fairchild Are money damages requested? O Yes No Dollar Amount Requested: [@within arbitration limits I O (check one) [@outside arbitration limits N Is this a Class Action Suit? _i Yes X+ No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Travis L. McElhaney i 0 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 . Ell Intentional 'J' Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution El Debt Collection: Credit Card Board of Assessment Ixu Motor Vehicle Debt Collection: Other Board of Elections t 0 Nuisance 0 Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include Employment Dispute: E mass tort) L_h Slander/Libel/ Defamation Discrimination C ice' Employment Dispute: Other it Zoning Board CrN Other: T. 0 Other: Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste -, Other: � Ejectment El Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment D Ground Rent E] Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations I-1 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 17 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition 0 Replevin Legal Quiet Title 0 Other: OQ Medical 0 Other: Other Professional: Updated 1 /1/2011 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND CIVIL DIVISION -- ARBITRATION CASUALTY INSURANCE COMPANY, CC Plaintiff, No.: . My V3. CIVIL COMPLAINT :X TAMMY L. FAIRCHILD,' r Cr1% Defendant. . << Filed on behalf of Plaintiff: � Counsel of Record for this Party: ;r- 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 Ok" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION — ARBITRATION CASUALTY INSURANCE COMPANY, ) No.. Plaintiff, ) VS. ) TAMMY L. FAIRCHILD, ) 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 Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION — ARBITRATION CASUALTY INSURANCE COMPANY, ) No.. Plaintiff, ) VS. ) TAMMY L. FAIRCHILD, ) Defendant. ) COMPLAINT AND NOW, comes Plaintiff, Nationwide Property and Casualty 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, Nationwide Property and Casualty Insurance Company ( "Nationwide "), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at 5525 Parkcenter Circle, Dublin, Ohio 43017. 2. Defendant, Tammy L. Fairchild ( "Fairchild "), is an adult individual residing at 11 Southmont Drive, Enola, Pennsylvania 17025. 3. At all times relevant hereto, Corey Frey ( "Frey ") was the owner of a 2005 Scion TC automobile. 4. At all times relevant hereto, Frey maintained a policy of automobile insurance with Nationwide which covered his aforementioned vehicle. 5. Pursuant to its policy of insurance and Pennsylvania common law, Nationwide retains subrogation rights against any party liable for causing damage to Frey's aforementioned vehicle. 6. At all times relevant hereto, Fairchild was the owner and operator of a 2002 Ford Escape automobile bearing Pennsylvania plate GBT 9915. 7. On or about May 4, 2013, Frey's 2005 Scion was legally parked and unoccupied on North Front Street at or near its intersection with Walnut Street in Wormleysburg, Cumberland County, Pennsylvania. 8. At the same time and place, Fairchild operated her 2002 Ford on Walnut Street when, suddenly and without warning, Fairchild did enter the intersection, did turn onto North Front Street, and did strike Frey's legally - parked vehicle, causing damage thereto. 9. Pursuant to its policy of insurance with Frey, Plaintiff Nationwide paid sum - certain damages in the amount of $9,045.87 as a result of the aforementioned damage to Frey's vehicle. COUNT I — NEGLIGENCE 10. Paragraphs 1 -9 above are incorporated by reference herein as if more fully set forth at length below. 11. The careless, negligent and reckless conduct of Fairchild 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 she traveled; d. In striking Frey's legally - parked vehicle; e. In traveling too fast for the existing circumstances; f. In failing to use the brakes or braking mechanisms; g. In traveling too close to legally - parked vehicles; h. In operating her vehicle when she knew or should have known that it was not reasonably safe to do so; 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, Nationwide Property and Casualty Insurance Company, demands judgment in its favor and against the defendant, Tammy L. Fairchild, in the amount of $9,045.87, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON ST PLETON FI S & NEWBY LLP By: Travis L. McEI aney squire Christopher P. ee n, Esquire Counsel for Plai iff a VERIFICATION verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. C (S nature) .- r � l�tvr� bn - ChM (Print Name) Title: 0 IJV�Rbc-IPM1N1 RE Nationwide Property and Casualty Insurance Company Dated: 42 \ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff I - s tom.rata, Jody S Smith . Chief Deputy I; . r t 7 i€ i f 2 Richard W Stewart BE ,�;.1 u• Solicitor o,F 1,:cE nqr PENN c;Y i r Nationwide Property and Casualty Insurance Company vs. Case Number Tammy L Fairchild 2014-75 SHERIFF'S RETURN OF SERVICE 01/09/2014 08:19 PM - Deputy Jason Kinsler, 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: Tammy L Fairchild at 1101 Claremont Rd, Middlesex Twp, Carlisle, PA 17013. 4JASO KINK , DEPUTY SHERIFF COST: $34.78 SO ANSWERS, January 10, 2014 RONNN ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND CIVIL DIVISION—ARBITRATION CASUALTY INSURANCE COMPANY, No.: 14-75 Civil Plaintiff, vs. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TAMMY L. FAIRCHILD, TO Pa.R.C.P. 1037(b) Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: r-3 Travis L. McElhaney, Esquire ^a PA I.D. #204023 _ C-) `» Christopher P. Deegan, Esquire 23 PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY, LLP Firm#594 Two Gateway Center 14'h Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 40 ,sold a l . . klaRs �� M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION—ARBITRATION CASUALTY INSURANCE COMPANY, ) No.: 14-75 Civil Plaintiff, ) VS. ) TAMMY L. FAIRCHILD, ) 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 Nationwide Property and Casualty Insurance Company and against defendant Tammy L. Fairchild 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$9,045.87. 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 J Travis L. McElhan quire Dated: �' �'� C Counsel for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION—ARBITRATION CASUALTY INSURANCE COMPANY, ) No.: 14-75 Civil Plaintiff, ) VS. ) TAMMY L. FAIRCHILD, ) Defendant. ) TO: Tammy L. Fairchild 1101 Claremont Road Carlisle, PA 17013 Date of Notice: February 4, 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 FIRES NEWBY LLP Travis L. McElhaney s ire Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION—ARBITRATION CASUALTY INSURANCE COMPANY, ) No.: 14-75 Civil Plaintiff, ) VS. ) TAMMY L. FAIRCHILD, ) 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, Tammy L. Fairchild, age unknown, has a place of residence at 1101 Claremont Road, Carlisle, Pennsylvania 17013. Travis L. McElhane , E uire Attorney for Plaintif 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:Q day of February, 2014 A.D. O otarial Sea 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. 1037(b) was served by Certified U.S. Mail, postage prepaid, this26 day of February, 2014, to the following: Tammy L. Fairchild 1101 Claremont Road Carlisle, PA 17013 Travis L. M�Plainti quire Counsel fo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND ) CIVIL DIVISION—ARBITRATION CASUALTY INSURANCE COMPANY, ) No.: 14-75 Civil Plaintiff, ) vs. ) TAMMY L. FAIRCHILD, ) Defendant. ) To: Tammy L. Fairchild 1101 Claremont Road Carlisle, PA 17013 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. '1 David D. Buell Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Travis L. McElhaney E uire 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 OF NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, vs. TAMMY L. FAIRCHILD, Defendant. Pi; 13 CO CUMBERLAND COUN1 VP 3.6r ' SYLVANIA CIVIL DIVISION — ARBITRATION No.: 14-75 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 av,if s5,7Spd cc (La_ C)C-4( ZSaSI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, vs. TAMMY L. FAIRCHILD, Defendant. CIVIL DIVISION — ARBITRATION No.: 14-75 CIVIL PRAECIPE FOR CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO: Prothonotary Kindly issue a Certification of Motor Vehicle Judgment against the defendant, TAMMY L. FAIRCHILD, in connection with the above -captioned matter. Dated: 414(H Date of Accident: May 4, 2013 Tammy L. Fairchild's Date of Birth: January 10, 1967 By: Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L. McElhaney, quire Counsel for Plaintiff