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HomeMy WebLinkAbout14-0254 Supreme CoofPennsylvania COur f CO JPleas For Prothonotary Use Only: CIV><l ' Sheet dt��. Docket No: �I CuC���and�' its �:� �• S � �`�r,� County I 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 pleadings or other papers as required by law or rules of court. 1 Commencement of Action: S [@ Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E I Lead Plaintiff's Name: Lead Defendant's Name: �1 T Meridian Security Insurance Company Elmer R. McGowan, III Dollar Amount Requested: xi within arbitration limits I Are money damages requested? El Yes 0 No � O ( check one ) Ooutside arbitration limits N Is this a Class Action Suit? 0 Yes O No Is this an MDJAppeal? 0 Yes X; No A Name of Plaintiff/Appellant's Attorney: Travis L. McElhaney 0 Check here if you have no attorney (area 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 check the one that:.. : you consider.most important... . TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional J Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 3 Motor Vehicle 0 Debt Collection: Other f-; Board of Elections 0 Nuisance Q Dept. of Transportation Q Premises Liability Ll Statutory Appeal: Other i S E] Product Liability (does not include Employment Dispute: j E mass tort) Slander/Libel/ Defamation Discrimination ! C Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N [:] Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B [3 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial E3 Quo Warranto 0 Dental Partition -' Replevin 0 Legal 0 Quiet Title -y Other: 0 Medical 0 Other: 0 Other Professional: i Updated 11112011 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE CIVIL DIVISION — ARBITRATION COMPANY, Plaintiff, No.: VS. CIVIL COMPLAINT ELMER R. MCGOWAN, III, C-) y: Defendant. Filed on behalf of Plaintiff r s` cn ° Counsel of Record for this Party: -� �' Travis L. McElhaney, Esquire --4 PA I.D. #204023 � cs� 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 �y sad L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE ) CIVIL DIVISION — ARBITRATION COMPANY, ) No.. Plaintiff, ) VS. ) ELMER R. MCGOWAN, III, ) 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE ) CIVIL DIVISION — ARBITRATION COMPANY, ) No.. Plaintiff, ) VS. ) ELMER R. MCGOWAN, III, ) Defendant. ) COMPLAINT AND NOW, comes Plaintiff, Meridian Security 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, Meridian Security Insurance Company ( "Meridian "), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at 1300 Woodland Avenue, West Des Moines, Iowa 50265. 2. Defendant, Elmer R. McGowan, III ( "McGowan "), is an adult individual residing at 372 Mountain Road, Millerstown, Pennsylvania 17062. 3. At all times relevant hereto, Shirley Richards ( "Richards ") was the owner and operator of a 2007 Honda Ridgeline automobile. 4. At all times relevant hereto, Richards maintained a policy of automobile insurance with Meridian which covered her aforementioned vehicle. 5. Pursuant to its policy of insurance and Pennsylvania common law, Meridian retains subrogation rights against any party liable for causing damage to Richards's aforementioned vehicle. V 6. At all times relevant hereto, McGowan was the owner and operator of a 1991 Nissan automobile bearing Pennsylvania plate HYP 8507. 7. On or about December 2, 2012, Richards operated her 2007 Honda on Longs Gap Road at or near its intersection with North Middleton Road in North Middleton Township, Cumberland County, Pennsylvania. 8. At all times relevant hereto, the aforementioned intersection was controlled by a posted stop sign for vehicles traveling on North Middleton Road, while vehicles traveling on Longs Gap Road had the right -of -way. 9. At the same time and place, McGowan operated his 1991 Nissan on North Middleton Road when, suddenly and without warning, McGowan did enter the intersection without stopping at the posted stop sign, did enter Richards' lane of travel and did cause a collision with Richards' vehicle, causing damage thereto. 10. Pursuant to its policy of insurance with Richards, Plaintiff Meridian paid sum - certain damages in the amount of $20,638.49 as a result of the aforementioned damage to Richards's vehicle. COUNT I — NEGLIGENCE 11. Paragraphs 1 -10 above are incorporated by reference herein as if more fully set forth at length below. 12. The careless, negligent and reckless conduct of McGowan 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; a c. In failing to keep a safe and proper lookout as he traveled; d. In failing to stop for the posted stop sign; e. In failing to yield the right -of -way to Richards; f. In entering the intersection without first ensuring that traffic had cleared and it was reasonably safe to do so; g. In causing a collision with Richards' vehicle; h. In failing to recognize that Richards had control of the intersection; i. In traveling too fast for the existing circumstances; j. In failing to use the brakes or braking mechanisms; 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, Meridian Security Insurance Company, demands judgment in its favor and against the defendant, Elmer R. McGowan, III, in the amount of $20,638.49, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Travis L. McElh ney squire Christopher P. Dbefan, Esquire Counsel for Plaintiff F l k 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 unsworn falsification to authorities. l � (S (Print } 1 (Print Name) Title: 9 U e r 0 2� 1 Meridian Security Insurance Company Dated: 1� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OF T HE �'��gT�laNG��,A fl� Jody S Smith Chief Deputy ; ;_ 7014 JAN 27 AM 9: Richard W Stewart `" ° - CUMBERLAND COUNTY Solicitor QMCEOF THE SHF IFF PENNSYLVANIA Meridian Security Insurance Company Case Number vs. Elmer R McGowan, III 2014-254 SHERIFF'S RETURN OF SERVICE 01/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elmer R McGowan, III, 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. 01/22/2014 The requested Complaint& Notice returned by the Sheriff of Perry County, the within named Defendant Elmer R McGowan, III, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, January 22, 2014 RON R ANDERSON, SHERIFF cj CountySuite Shent',rcleosoft,Inc. SHERIFF'S RETURN In the Court of Common Pleas Of the 41"Judicial District of Pennsylvania- Perry County Branch No.: 2014-254 Cumberland County Meridan Security Insurance Co. VS Elmer R.McGowan,III 372 Mountain Road Millerstown,PA 17062 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Elmer R.McGowan, III,but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Elmer R.McGowan,III at 372 Mountain Road,Millerstown,PA 17062. NOT FOUND. POSSIBLY LIVING ON COLLEGE STREET IN CARLISLE, PA. Sincerely, ,el"r, "'V, Carl E. Nace Sworn and subscribe to before me Sheriff of Perry County this o1/$fday of , 2014. CO ONWFALTH OF PENNSYLVANIA NOTARIAL SEA A JOY S:ZERANCE,NOTARY PUBLIC NEW BL60MFIELD BORO.,PERRYCOUNTY MY COMMISSION EXPIRES MARCH 6.2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE CIVIL DIVISION—ARBITRATION COMPANY, Plaintiff, No.• 14-254-Civil vs. PRAECIPE TO REINSTATE ELMER R. MCGOWAN, III, COMPLAINT -- rn Defendant. CJ)r t_, ,. ,,,,_. Filed on behalf of Plaintiff ms y•'"_ Counsel of Record for this Party: i2 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 (P6 pcl a f-ki C(C 31 7 O 3a��(37 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE ) CIVIL DIVISION—ARBITRATION COMPANY, ) ) No.: 14-254-Civil Plaintiff, ) ) vs. ) ) ELMER R. MCGOWAN, III, ) ) Defendant. ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLE ►ON F ' &NEWBY LLP By: Travis L. McElhaney Esquire Christopher P. Deeg.. , Esquire Counsel for Plaintiff Date: /2477/g SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson + Sheriff YEitiraraGrr{gar Jody S Smith ' 2E4 FEB 4 PM I 20 Chief Deputy Richard w Stewart CUMBERLAND COUNTY T Meridian Security Insurance Company Case Number vs. Elmer R McGowan, III 2014-254 SHERIFF'S RETURN OF SERVICE 02/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elmer R McGowan, III, 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. 02/12/2014 The requested Complaint& Notice returned by the Sheriff of Perry County, the within named Defendant Elmer R McGowan, III, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. As per father, defendant may be living on College Street in Carlisle. No street address was provided. SHERIFF COST: $37.00 SO ANSWERS, February 12, 2014 RONNY R ANDERSON, SHERIFF SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No.: 14-254 Cumberland Co. Meridian Security Insurance Company VS Elmer R.McGowan,III 216 Mountain Road Liverpool,PA 17045 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Elmer R.McGowan, III,but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Elmer R. McGowan,III at 216 Mountain Road,Liverpool,PA 17045. NOT FOUND. AS PER HIS FATHER HE MAY BE LIVING ON COLLEGE STREET IN CARLISLE, PA . Sincerely, Carl E. Nace Sworn and subscribed to before me Sheriff of Perry County this day of , 2014. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE CIVIL DIVISION — ARBITRATION COMPANY, Plaintiff, No.: 14-254-Civil vs. ELMER R. MCGOWAN, III, Defendant. PRAECIPE TO REINSTATE COMPLAINT 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE COMPANY, Plaintiff, vs. ELMER R. MCGOWAN, III, Defendant. CIVIL DIVISION — ARBITRATION No.: 14-254-Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. Respectfully Submitted, Date: /ilk By: WEBER GALLAGHER SIMPSON STAP ETON IRES & NEWBY LLP Travis L. McE1 an y, Esquire Christopher P. I! eegan, Esquire Counsel for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r THE PRO fl o';'0T4 y 14 Pjj 3: 13 CUMBERLAND COUNTY PENNSYLVANIA Meridian Security Insurance Company vs. Elmer R McGowan, Ill Case Number 2014-254 SHERIFF'S RETURN OF SERVICE 05/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elmer R McGowan, III, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 213 N. College Street, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by the current tenant that the defendant does reside at this address and the Carlisle Postmaster confirms the defendant is not know at the address provided. SHERIFF COST: $39.78 SO ANSWERS, May 12, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuito Sherif(, 'Fe °sof , Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE CIVIL DIVISION — ARBITRATION COMPANY, Plaintiff, vs. ELMER R. MCGOWAN, III, Defendant. No.: 14 -254 -Civil -D CyJ rel PRAECIPE TO DISCONTINUE �? WITHOUT PREJUDICE © ----i 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 r n x.� 1 Ay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MERIDIAN SECURITY INSURANCE COMPANY, Plaintiff, vs. ELMER R. MCGOWAN, III, Defendant. CIVIL DIVISION — ARBITRATION No.: 14 -254 -Civil PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice. Respectfully Submitted, WEBER GALLAGHER SIMPSON Date: c /`y' STAPLETON FIR EWBY LLP By: t, Travis L. McElhane , E d uire Counsel for Plaintiff