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Home My WebLink About15-0227 E Supreme Cou td,Pennsylvania Court,:4*6n,irko ,Pleas For Prothonotary Use Only: C YII�(oveirS eet Docket No: cuMBRIAIvI�' County The information collected on this form is used solely for court adminislt-ation purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lain or rules of court. Commencement of Action: S 0 Complaint n Writ of Summons Petition E 0 Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: Erie Insurance Exchange Melanie Keys I Are money damages requested? D x Yes E3 No Dollar Amount Requested: Mwithin arbitration limits 0 (check one) noutside arbitration limits N Is this a Class Action Suit? M Yes ER No Is this an MDJAppeal? 0 Yes 'E No A Name of Plaintiff/Appellant's Attorney: Travis L.McElhaney, Esquire Check Dere if you have no attorney(are a Self-Represented [Pro Sej 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 El Malicious Prosecution Q Debt Collection:Credit Card n Board of Assessment ix Motor Vehicle Q Debt Collection:Other Board of Elections n Nuisance Dept.of Transportation Q Premises Liability Statutory Appeal:Other S n Product Liability(does not include mass tort) M Employment Dispute: Slander/Libel/Defamation Discrimination C n Other: Employment Dispute:Other E] Zoning Board T Other: Z Other: o MASS TORT Q Asbestos N 0 Tobacco [3 Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste [� Other: �Ejectment Q Common Law/Statutory Arbitration B Q Eminent Domain/Condemnation E]Declaratory Judgment Ground Rent [] Mandamus 0 Landlord/Tenant Dispute ❑Non-Domestic Relations F1 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial Quo Warranto Q Dental n Partition El Replevin Q Legal Q Quiet Title 0 Other: EJ Medical Other: E3 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION—ARBITRATION Plaintiff, No. 9blS - vs. MELANIE KEYS, CIVIL COMPLAINT Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. #204023 Christopher P. Deegan, Esquire r' PA I.D. #85635 _ WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY, LLQ': ' = = Firm#594 ` 77 Two Gateway Center 14th Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 12--� l SS1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, ) CIVIL DIVISION—ARBITRATION Plaintiff, ) No.: VS. ) MELANIE KEYS, ) 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 County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, ) CIVIL DIVISION—ARBITRATION Plaintiff, ) No.: vs. ) MELANIE KEYS, ) Defendant. ) COMPLAINT AND NOW, comes Plaintiff, Erie Insurance Exchange, 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, Erie Insurance Exchange ("Erie"), is an insurance company doing business within the Commonwealth of Pennsylvania and has a place of business at 100 Erie Insurance Place, Erie, Pennsylvania 16530. 2. Defendant, Melanie Keys ("Keys"), is an adult individual residing at 422 Bosler Avenue, Lemoyne, Pennsylvania 17043. 3. At all times relevant hereto, Rachael MacDonald ("MacDonald") was the owner and operator of a 2007 Honda Element automobile. 4. At all times relevant hereto, MacDonald maintained a policy of automobile insurance with Erie which covered her aforementioned vehicle. 5. Pursuant to its policy of insurance and Pennsylvania common law, Erie retains subrogation rights against any party liable for causing damage to MacDonald's aforementioned vehicle. e. In failing to stop and/or yield at the posted stop sign; f. In entering the intersection without first ensuring that traffic had cleared and it was reasonably safe to do so; g. In striking MacDonald's vehicle; h. In failing to use the brakes or braking mechanisms; 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, Erie Insurance Exchange, demands judgment in its favor and against the defendant, Melanie Keys, in the amount of$14,611.09, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON ST PLETON FIRS &NEWBY LLP By: Travis L. McEI aneyVeeg quire Christopher P. Esquire Counsel for Pla VERIFICATION l r at the statements made in the R—e oill�� t'onllllaint arc tl'UC and corrCct to the best 01'111 ItnMOC&,,C. I Understand that (also statements herein are made stlhjCct to the I1Cnalties of 1 S Pa-C.S.A. Section 4904 relating to unmwrn Ialstlleation to authorities. (Sh'll"iture) (Print Molle) Eric Insurance Izellanue Dated: �.....-* /-'' � ...�. 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. '--WV/ �j Travis L. McElhaney, Esquire Dated: I � �✓