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Home My WebLink About05-0811 File # 1 0-04-828 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY J.D. # 09827 223 North Monroe Street P.O. Box E Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o Robin Welzenbach 309 Lakeside Drive, Suite 100 Horsham, P A 19044 IN CIVIL ACTION NO. DS -PI! C21~fT82-Y>I VS. Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 And Basheer Everett 5735 Willows Avenue Philadelphia, PA 19143 NOTICE TO DEFEND You have heen 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 Of by an 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 or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGABLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Court of Common Pleas 1 Courthouse Square, 4th Floor Carlisle, P A 17013 (717) 240-6200 10-04-828 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY !.D. NO. 09827 223 North Momoe Street P.O. Box E Media, P A 19063 ATTORNEY FOR PLAINTIFF Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION-LAW Allstate Insurance Company als/o Robin Welzenbach 309 Lakeside Drive, Suite 100 Horsham, PA 19044 IN CIVIL ACTION NO. ()~- PII {!/Q;C(~ Vs. Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 And Basheer Everett 5735 Willows Avenue Philadelphia, PA 19143 COMPLAINT I. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above captioned address. 2. Defendant Werner Enterprises Inc. is a business entity authorized to do business in Pennsylvania and was the owner of the motor vehicle involved in this accident and, at times pertinent hereto, has as a principle place of business the above captioned address. 3. Defendant Basheer Everett is an adult individual and at all times pertinent hereto resided at the above captioned address and was the operator of Defendant owner's motor vehicle and did so as an agent, servant, workman or employee of the business and on the behalf of the owner. 4. On May 11, 2004, a motor vehicle insured by Plaintiff, hereafter the insured vehicle, was involved in an incident with the Defendant driver. 5. On the aforesaid date, the insured vehicle was traveling southbound on 1- 81 near exit 47 in South Middleton Township, Cumberland County, Pennsylvainia, when the Defendant, who was traveling southbound on 1- 81 in front of the insured vehicle, attempted to get off the exit ramp for exit 47, but then suddenly decided not to swerving back into the south- bound lane ofI-81 striking the insured vehicle causing damage. 6. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant: (a) Operated the vehicle at an unsafe rate of speed; (b) was inattentive; ( c) failed to make proper observation; (d) violated local laws and the laws of the Commonwealth. 7. Pursuant to the aforesaid policy of insurance, Plaintiff became liable for damages that arose out of this incident. 8. Due to this incident, expenses were incurred for damage to the insured vehicle, towing, storage and car rental. 9. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $6,457.00. COUNT I PLAINTIFF VS. BASHEER EVERETT 10. Plaintiff incorporates paragraphs 1 through 9 inclusive as if fully set forth at length herein. 11. Defendant is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $6,457.00 plus interest and costs of suit. COUNT II PLAINTIFF VS. WERNER ENTERPRISES INC. 12. Plaintiff incorporates paragraphs 1 through 12 inclusive as if fully set forth at length herein. 13. Defendant is liable under the Doctrine of Respondent Superior for the negligence of Defendant driver. 14. Defendant was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced or careless with a motor vehicle. WHEREFORE, Plaintiff demands judgment for $6,457.00 plus interest and costs of suit. (- Stewart C. Crawford, Esq Attorney for Plaintiff ~ r VERIFICATION The undersigned verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ Stewart C. Crawford Attorney for Plaintiff Date: cf(;;tJ~5- , . XJ P ~ , f'-"l tl 1l .~ ,", , .n ." -11 :~l ;'."1 ....... ~ " :i\ 5: -- .'.." {;) ,...., - C . (}- f' J ~ Q) t! -',^, '\:y (,,) ..1 I $ ." C,j ,~ . File #10-04-828 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford ATTORNEY J.D. # 09827 223 North Monroe Street Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW Allstate Insurance Company a/s/o Robin Welzenbach 309 Lakeside Drive, Suite 100 Horsham, P A 19044 lN CIVIL ACTION NO.: 05-811 Civil Term vs. Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 and Basheer Everett 5735 Willows Avenue Philadelphia, P A 19143 CERTIFICATE OF SERVICE I, STEWART C. CRAWFORD, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon Defendant Werner Enterprises Inc. by certified mail #7004 2890 000397192214, Return Receipt Requested on February 22, 2005. A copy of the documents is attached hereto. Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 .311t5~ DATE > If;' -0 rj - ,3';:) ,Y /9!!s(,~-~t: (2/>/2) LV Q/z e j I 60 (/~ . . . . 00' !tt' Ili;s cTloN4iJ nlERY I ,:tl I I ! I ,I ,I, . I , A. Sign.'Aun. . Complete items 1, 2, and 3. !\fsa compjet(~ item 4 if Restricted Delivery is desired. . Print your name and address on the rever.-;e so that we can return the card to you. R Attach this card to the back of the manD;I~ce, or on the front if ~;pace permits. VS lO.j)I~()~(- 1. Article Addressed to: Werner Enterprises [nc. P.O. Box 45308 Omaha, NE 68]45 o Agent o Addressee - I C. Date of Delivery ~ x B. R:Jceivec: by (Printed Name) D. Is deliver { address different fll:lrn item '1? 0 Yes It YES, enter delivery address be,low: 0 No 3. E.ervice Type ~g Certified Mail [J Regbtered [] Insur<3d Mail o Expr&:;s Mail o Returr Receipt for Merchandise DC.O.D 4. flestricted Delivery? (Extra Fe'3) DYes l 2. Article Number (Transfer (.-om seN;ce label) _"_7_0_[J~_ 5 "~~,g...1J D D :0. _~? 1_9 _..? 2 ], 4 PS Form 3811, February 2004 Domestic Return Receipt ~ .-'I ru U.S. Postal ~rvlce", . " CERTIFIED MAllT. RECEIPT (Domesllc Mall Only: No /ns1Jrtltlt:lj CoIIfII'IJgf> Provided) ~ r:. '~t";"'~""""t".,q,., u. ,c"" r- L_ -' I . -- [J"' I! Postage r $ I' m II Cenifiea Fee o & o R~~IJrn Receipt Fee o (Endor,sement Required) 1"..,.. -i,,II\I,.-j,t'.1I:"';,I'.., j J ~ ----I ":!'>~'~_:/-~<'\~?L~\ ----------il;~1 ~~~~-\, --'--"1\ \. l CJ Restricted Delivery Fee I' \ ,l' /. [J"'" (Endorsemer;t Required) ! '-, I 1/ ~ Total Postage & Fees 1$ =.~=-~=-J ~~r ~ Cl Sent 0 Cl r- Sire-eCApC^ or PO Box N( C;tjr;.State:Z , Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 :11 .. SENDER: COMPLETE THIS SECTION . Complete Items 1, 2, and 3. AJso complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Werner Enterprises Inc. P.O. Box 45308 Omaha, NE 68145 l 01 , I 10:?595-02-M-1540 :or .-'I ru n.J [f" rl r-- i : ; ~ G'~'::':';:: I.$~-,-----j o 0 L~_____._.,,_.._.._,___ ; ; !""d;'~~';:;'" ~_._.__...______i cO t:O _ _ _~ r---"~_.~-'---"! ru ru iota! F'mlla;};. -& l""2&$ ~~___.___J ::r ~ r~ ~ rrsectro~~~~-'~ ~~;1er-~~~~1;'~i~~s Inc. "~~jl ,- StJiJ8t, Api, /; ! "PO Bo, .'I, P.O. Box 45308 iccy;.ti3ii;z Omaha NE 68145 I , I rni'jzJEj~,~:r.ua.:;.\~~ ~.~~T:J.illr"~ PostmarK 11.;-r", COMPLETE THIS SECTION ON DELIVERY A Signature X rz.:~ o Agent o Addressee C. Date of Delive~ _O--J. DVes D No B.~elv~ by (Prif'ted Name) I <-~,) '-:::' ""1 \"'C ( h~ D. Is delwl;}ry address different from item 1? If YES, enter delivery address below: 3. Service Type if Certified Mall 0 Express Mail i 0 RegisteN;ld 0 Return Receipt for Merchandise T 0 In~red Mail 0 C.O.D. . -' 4. ~e~~cte~~lIvery? (Extra Fee) 0 Ves 2. Article Number (Transfer from service Jiibi4)' PS Form 3811, February 2004 , , 7004 2890.gg[J::!' 9719 2214 1Q2595-Q2-M-154Q Domestic Return Receipt ~ . USPS - Track & Confirm Page I of! Jiii?!!ff UNITED STI.1TES _ POSTI.lL SERVICE* Track & Confirm Current Status Track & Confirm Enter label number: I You entered 7004 2890 000397192214 Your item was delivered at 7:32 am on February 22, 2005 in OMAHA, NE 68145. Ship!!Utnt DtJtaiJ.s ,:>' Track & Confirm FAQs Notification Options . Track & Confirm by email Whati~Lltli~2 ilo:.. . POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright@ 1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.comlnetdata-cgi/db2www/cbd _ 243 .d2w/output 03/01/2005 ....~_l , ~ I {U 1 , ,-'....,.. ::.i c..:. (.,) ...~ I RA WLE & HENDERSON UP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Werner Enterprises Inc. ALLSTATE INSURANCE COMPANY a/s/o ROBIN WELZENBACH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-811 WERNER ENTERPRISES INC and BASHEER EVERETT Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Werner Enterprises Inc., in the above-referenced matter. Date: )~ \ ~\, r" V'/ RA WLE & HENDERSON LLP iV" BY:_tA.~ __~ . G~ N. Stewart, Esquire Matthew J. McLees, Esquire Attorney for Defendant, Werner Enterprises Inc. 1116259v.! CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stewart C. Crawford, Esquire 223 North Monroe Street P.O. Box E Media, P A 19063 RA WLE & HENDERSON LLP Date: ') \) <-I \~C; . 1 . L- BY:~ - Matthe J. McLees, EsqUire Attorney for Defendant, Werner Enterprises Inc. 1116259v.l ----- , . - ~ To Plaintiffs: You are hereby notified to file a written response to the new matter within twenty (20) days from service hereof or a judgment may be entered against you. RA WLE & HENDERSON LLP BY:~. ~~0 Matt ew J. McLees, Esquire RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Werner Enterprises Inc. ALLSTATE INSURANCE COMPANY a/s/o ROBIN WELZENBACH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-811 WERNER ENTERPRISES INC and BASHEER EVERETT Defendant. DEFENDANT WERNER ENTERPRISEIi INC.'S ANSWER TO PLAINTIFl<'S' COMPLALNT WITH NEW MATTER Defendant Werner Enterprises Inc., by and through its attorneys, Rawle & Henderson LLP, hereby answers the complaint of the plaintiffs and asserts new matter as follows: l. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 1121808 v.1 r 2. Denied as stated. Defendant Werner Enterprises, Inc. is a corporation organized and existing under and by virtue a corporation organized and existing under and by virtue of the laws if the state of Nebraska with a principal place of business is Omaha, Nebraska. 3. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 4. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proofthereof is demanded. 5. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 6. (a) through (d) inclusive. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. 7. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 1121808 v.l 8. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 9. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. COUNT I PLAINTIFF VS. BASHEER EVERETT 10. Answering defendant incorporates herein by reference its answers to allegations contained in paragraphs I through 9 of plaintiffs' complaint as though same were set forth fully herein at length. I I. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. WHEREFORE, answering defendant, Werner Enterprises Inc. respectfully prays that the plaintiffs' Complaint be dismissed, and that the defendant be awarded judgment and all claims against it with costs, fees, and such other and further relief as may be appropriate. COUNT II PLAINTIFF VS. WERNER ENTERPRISES INC. 12. Answering defendant incorporates herein by reference its answers to allegations contained in paragraphs I through I I of plaintiffs' complaint as though same were set forth fully herein at length. 1121808vJ . ~ 13. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. 14. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. WHEREFORE, answering defendant, Werner Enterprises Inc. respectfully prays that the plaintiffs' Complaint be dismissed, and that the defendant be awarded judgment and all claims against it with costs, fees, and such other and further relief as may be appropriate. NEW MATTER 15. The averments and responses of all preceding paragraphs are incorporated by reference as if fully rewritten herein. 16. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 17. Plaintiff's claims are barred or limited by the applicable Statute of Limitations. 18. Plaintiff's damages and losses, if any, were not caused by any actions of the Answering Defendant, but instead were caused by the actions of persons or conditions outside the legal responsibility or control of the Answering Defendant. 19. Plaintiff s claims are barred or limited by the doctrine of comparative negligence. 20. Plaintiffs claims are barred or limited by the doctrine of contributory negligence. 21. Plaintiffs claims are barred or limited by the doctrine of assumption of risk. 22. Plaintiffs claims are barred or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 1121808vl WHEREFORE, the Answering Defendant respectfully pray that Plaintiffs Complaint be dismissed and that the Defendant be awarded judgment on all claims against it, with costs. RA WLE & HENDERSON LLP ~ J ,\,}/V By: Gary N. Stewart, Esquire Matthew J. McLees, Esquire Attorney for Defendant, Werner Enterprises Inc. Date: 1121808 v.l 04/07/05 09:04 FAX 4028943816 WERNER RI SK @!002 VERIFICATION Cindi Hartman hereby states that she is an authorized representative of Werner Enterprises, Inc., a defendant in this suit. The undersigned verifies that the statements made in the foregoing Answer With New Matter to Plaintiffs' Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.SA ~4904 relating to unsworn falsification to authorities. J~~ a~ mdi an erner Enterprises, Inc. Date: 1I21808 vI CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Answer with New Matters and Counterclaim to Plaintiffs' Complaint was served upon the below listed counsel via first class U.S. mail, postage pre-paid as follows: Stewart C. Crawford, Esquire 223 North Monroe Street P.O. Box E Media, P A 19063 RA WLE & HENDERSON LLP By: \An ~/L, Matth~w J. McLees, Esquire Attorney for Defendant, Werner Enterprises Inc. Date: L{ ( ~ \ 05 1121808 v.l r c i"' r-' ~...? c:;) U' ~, ?:;. - - ~, -~: ~-r11 ~ f~'7-~ -r::F=} ;.~~\~!, -,~ l;~ ~;:'n )' c..) ,0,'; c C:! ~ I:: I "II I 1 i)-04-J:L~g.i RI' LA W OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY 1.0. NO. 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Tdcpl1one: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CllivIBERIA\D COUNTY. PA CIVIL ACTION LAW .j! !!. I\SLRANCF COMP:\\Y a/s/o ROBIN WELZENBACH IN CIVIL ACTION VS. NO. 05..g 11..(1 I I~ ! R! ',!TRI'RISLS. INC'. & BASHEER EVERETT PRAECIPE TO ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the record in the above-captioned matter as "'Settlcd. Discontinued and Ended" upon payment of costs. 0 ....' ,-) c::~_J c: ~o '-(1 Ci' "t.'" C.-) ...,'.;:": 0 -r:;~ -~'" ,.0 <-" (.)'1 ------ ---------- - -- - - - -- -- - -- ---- - - - --- - -- - -- ----