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HomeMy WebLinkAbout14-2081 =° Supreme Coo �,- i I�o ' `.ennsylvania COUr ..of Commo Pleas For Prothonotary Use Only: C l�' per Sheet Docket No: 1 CUMBERLAND" County 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 law or rules of court. Commencement of Action: S M Complaint I_ Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: T State Farm Mutual Automobile Insurance Company Elizabeth M. Anthony Dollar Amount Requested: El within arbitration limits Y Are money damages requested? l Yes 0 No (check one) EJ outside arbitration limits O N Is this a ClassAetion Suit? [3 Yes XI No Is this an MDJAppeal? I3 Yes fxl No A Name of Plaintiff /Appellant's Attorney: Travis L. McElhaney Check here if you have no attorney (are a Self- Represented [Pro Se) 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 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 4 z Motor Vehicle Debt Collection: Other 0 Board of Elections I Nuisance 0 Dept. of Transportation Premises Liability IJ Statutory Appeal: Other S Q Product Liability (does not include j E mass tort) M Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: J Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT [I Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: 1 i' Ejectment C] Common Law /Statutory Arbitration 0 El Eminent Domain/Condemnation B 0 0 Declaratory Judgment : Ground Rent 0 Mandamus Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto MD Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title - Other: 0 Medical Other: Other Professional: Updated 111/2011 } IN THE COURT OF COMMON PLEA L COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION -- ARBITRATIO AUTOMOBILE INSURANCE COMPANY, (� No.. Plaintiff, VS. CIVIL COMPLAINT ELIZABETH M. ANTHONY, Defendant. 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 14 Floor Pittsburgh, PA 15222 Telephone: (412) 281 -4541 Fax: (412) 281 -4547 c l'z C `3soA9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) vs. ) ELIZABETH M. ANTHONY, ) 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 STATE FARM MUTUAL ) CIVIL DIVISION — ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) VS. ) ELIZABETH M. ANTHONY, ) Defendant. ) 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 registered mailing address of P.O. Box 2371, Bloomington, Illinois 61702. 2. Defendant, Elizabeth M. Anthony ( "Anthony "), is an adult individual residing at 106 S. 16 Street, Rear, Camp Hill, Pennsylvania 17011. 3. At all times relevant hereto, Jennifer Fimiani ( "Fimiani ") was the owner and operator of a 2010 Mazda 5 automobile. 4. At all times relevant hereto, Fimiani maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 5. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Fimiani's aforementioned vehicle. 6. At all times relevant hereto, Anthony was the owner and operator of a 1995 Chevrolet S 10 automobile. 7. At all times relevant hereto, William Spotts ( "Spotts ") was the operator of a 2005 Nissan Sentra automobile. 8. On or about April 23, 2013, Fimiani was lawfully stopped in the left turn lane of State Street in Camp Hill, Cumberland County, Pennsylvania, for traffic ahead. 9. Suddenly and without warning, Anthony, who had been traveling in the opposite direction on State Street, did attempt a left turn behind Fimiani's vehicle and did strike Spotts's vehicle, which had been traveling on State Street. 10. The force and impact of the aforementioned collision did cause Spotts's vehicle to strike Fimiani's vehicle, causing damage thereto. 11. Pursuant to its policy of insurance with Fimiani, Plaintiff State Farm paid sum - certain damages in the amount of $6,245.52 as a result of the aforementioned damage to Fimiani's vehicle. COUNT I — NEGLIGENCE 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 Anthony 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 failing to yield the right -of -way to Spotts; e. In attempting a left turn without first ensuring that traffic had cleared and it was reasonably safe to do so; f. In entering Spotts's lane of travel; g. In causing a collision with Spotts's vehicle; h. In causing Spotts's vehicle to strike Fimiani's vehicle; i. In striking Fimiani's vehicle; j. In failing to remain alert to existing road and traffic conditions; k. In failing to use the brakes or braking mechanisms; 1. In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; and m. 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, Elizabeth M. Anthony, in the amount of $6,245.52, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STA ETON FIRE NEWBY LLP By: Travis L. McElhaney squire Christopher P. De an, Esquire Counsel for Ofaifffiff r Y 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. Dated: Travis L. McElh e Esquire �' 3 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FLED-O.Ft ICE OF THE PROTHONOTAn Colo 20114 APR 21 PM 3: 0-2 CUMBERLAND COUNTY PENNSYLVANIA TvE i.ifERjFP State Farm Mutual Automobile Insurance Company vs. Elizabeth M Anthony Case Number 2014-2081 SHERIFF'S RETURN OF SERVICE 04/14/2014 04:56 PM - Deputy Ryan Burgett, 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: Elizabeth M Anthony at 106 S. 16th Street, Rear, Camp Hill Borough, Camp Hill, PA 17011. RYAN BURGETT, DEP SHERIFF COST: $44.95 SO ANSWERS, April 15, 2014 RONNY R ANDERSON, SHERIFF (c) CountySelle Sheriff, Teleosoft, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ELIZABETH M. ANTHONY, Defendant. CIVIL DIVISION -- ARBITRATION No.: 14-2081 PRAECIPE TO SETTLE DISCONTINUE AND END 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 C) r-� --r G) i -y ' N c� c © -0 PT -7; 377 CD© t - W 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 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, vs. ELIZABETH M. ANTHONY, Defendant. CIVIL DIVISION — ARBITRATION No.: 14-2081 PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter as settled, discontinued and ended. Respectfully Submitted, WEBER GALLAGHER SIMPSON By: Date: 0* S . LETON FL' s. & NEWBY LLP Tra is L. McElha ey, squire Counsel for Plai