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Home My WebLink About05-5792 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, Plaintiff, v. JARRETT BROCK, Defendant. CIVIL DIVISION - ARBITRA nON No.: OS- - S'79d-.. c;u;L ~SLYY\ COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: 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 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION - ARBITRATION No.: Plaintiff, v. JARRETT BROCK, 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 seIved, by entering a written appeaTance 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 MAYBE 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 S. Bedford Street, Carlisle, P A 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION - ARBITRA nON No.: o~ - S'''rq~C;u~L ~E..l?-~ ERIE INSURANCE GROUP as subrogee of Angela Barrick, v. JARRETT BROCK, Defendant. COMPLAINT AND NOW, comes plaintiff, Erie Insurance Group as subrogee of Angela Barrick, by and through its attorneys, 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 Group as subrogee of Angela Barrick, is a corporation doing business within the Commonwealth of Pennsylvania at 4901 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Angela Barrick is an individual residing at 327 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. At all times relevant hereto, Barrick was the owner of a 2003 Suzuki GXXR 750 motorcycle, which was covered by a policy of insurance issued by Erie. 4. Defendant, Jarrett Brock, is an individual residing at 1431 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. On or about July 15, 2004, Brock did operate Barrick's aforementioned motorcycle without Barrick's permission and/or authorization. 6. While operating Barrick's aforementioned motoIcycle, BTock did lose control of the motorcycle and was involved in a one vehicle accident. 7. As a result, Barrick's motorcycle sustained damage in the amount $5,353.00. 8. At no time did Brock have Barrick's permission and/or authorization to operate her aforementioned motorcycle. 9. The careless, negligent and reckless conduct of Brock was the direct and proximate cause of the damages suffered by Barrick, and that conduct is more particularly set below: a. In operating Barrick's motorcycle without Barrick's permission and/or authorization; b. In failing to control the motorcycle; c. In damaging the motorcycle; d. In traveling at an unsafe speed; e. In failing to look or watch where he was going; f. In failing to keep a sharp and proper lookout of the roadway conditions; g. In operating Barrick's motorcycle in a careless, reckless and negligent manner; h. In acting in a careless, reckless and negligent manner; and 1. In failing to provide Barrick with the standard of care owed to her under the existing circumstances. WHEREFORE, plaintiff, Erie Insurance Group as subrogee of Angela Barrick, demands judgment in its favor and against the defendant, Jarrett Block, in the amount of$5,353.00. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher P. eegan, Esqui Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, 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 plaintiffs 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. 9 4904, relating to unsworn falsifications to authorities. Dated: 11- 3-05 (:) ~ .--) () X) Q .~:~ -n 8 ~ U( '"" CD ( CJ1 ..-\ \t- -~ :r. 4"" V\ ,"',r-' Co) rnp ...:.:' _nrD U( -' ;c~~\ - --- \Y -4 C> -0 ~::<) ~ fl :::1:"~ \rn \) ?J '-;,? :':-\ "co- ~ '-0 (;-J (...,) :...:::" ~ ""' 2J +- J '-'--- --- - SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05792 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS BROCK JARRETT R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROCK JARRETT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BROCK JARRETT 1431 ENOLA ROAD CARLISLE, PA 17013 1431 ENOLA RD IS VACANT. DEFENDANT MOVED AND LEFT NO FOREWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.76 5.00 10.00 .00 38.76 So answer~/~ -:::;"' <~:-'.I I _ ~:..-----_ ~ _ _ ____ ~~ - C/.::-~~r R. Thomas Kline Sheriff of Cumberland County / WEBER GALLAGHER SIMPSON STAPLE 11/30/2005 Sworn and subscribed to before me this t.~ day of /1Jku~J / ;1005 A.D. ~ 1J,(,~ '0 P than ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, Plaintiff, v. JARRETT BROCK, Defendant. CIVIL DIVISION - ARBITRA nON No.: 05-5792 PRAECIPE TO REINSTATE COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 JURY TRIAL DEMANDED ~_. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION - ARBITRA nON No,: 05-5792 Plaintiff, v, JARRETT BROCK, Defendant. PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint filed in the above-captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: 02-/()-~(., .. -n r1"'- l,).~ '-'-j :"-n .-, -,- ;\'\ 0' --C1 <:~': c) SHERIFF'S RETURN - REGULAR CASE NO: 2005-05792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS BROCK JARRETT KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROCK JARRETT the DEFENDANT , at 2044:00 HOURS, on the 14th day of February, 2006 at 136 B STREET CARLISLE, PA 17013 by handing to JOSELINE BROCK, SISTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40 .r~~ R. Thomas Kline 02/17/2006 WEBER GALLAGHER SIMPSON STAPLE A.D. Sworn and Subscribed to before By: "'" me this ,1f~ day of . IN THE COURT OF COMMON PLEAS OF CUMBERLAND cotmTY, PENNSYL VANIA , CIVIL DIVISION - A1ITRA nON No.: 05-5792 I ERIE INSURANCE GROUP as subrogee of Angela Barrick, Plaintiff, v. JARRETT BROCK, Defendant. PLAINTIFF'S PRAEC PE FOR DEF AUL T JUDGMENT PURSUA T TO Pa.R.C.P. l037(b) Filed on behalf of PIa inti Counsel of Record for thi Party: Christopher P. Deegan, E quire PA J.D. #85635 WEBER GALLAGHER STAPLETON FIRES & Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 IMPSON EWBY, LLP I i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COTjJNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION - ARBITRATION 1 No.: 05-5792 Plaintiff, v. JARRETT BROCK, Defendant. PLAINTIFF'S PRAECIPE FOR DEFAU T JUDGMENT PURSUANT TO Pa.R.C.P. 10 7 b To the Prothonotary: Kindly enter judgment in favor of plaintiff Erie Insurance oup as subrogee of Angela Barrick and against defendant Jarrett Brock for failure to file an Ans er or otherwise respond in the above-captioned action within twenty (20) days of the date of se ice of the Complaint, and assess plaintiffs damages against defendant in the amount of $5,353. O. I certify that a written notice of intention to file this praeci+ was mailed to defendant after the default had occurred and at least ten (10) days before th~ date of the filing of this , I 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 lin the Praecipe are true and correct and are made subject to the penalties of 18 Pa.C.S.A. 914904 relating to unsworn I I falsifications to authorities. Respectfully submitted, Dated: {, /1 ~ t} b SIMPSON STAPLETON squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND CdUNTY, PENNSYL V ANlA , ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION - NlliITRA TION I No.: 05-5792 Plaintiff, v. JARRETT BROCK, Defendant. TO: Jarrett Brock 136 B Street Carlisle, P A 17013 Date of Notice: March 8, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILE TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE WRITING WITH TIIE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIM SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE ATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGH S. 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 FOLLO G OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association , 32 S. Bedford Street, Carlisle, P A 17013 l Telephone: (800) 990-9108 WEBER GALLAGHER ISIMPSON STAPLETON FIRES & NEWBY LLP I CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copt of the foregoing Plaintiffs Praecipe for Default Judgment Pursuant to Pa.R.C.P. 1031Y:: wa~ served upon the following defendant by Certified U.S. Mail, postage prepaid, this -Lr day of~ay, 2006, to the following: I Jarrett Brock I 13 6 B Street Carlisle, P A 17013 G ~ ~ ~ - [: -r:J ~ - ~ "'0 ?...; -..J 0- G ~ .?:::. U( Q -{9.. ...() \) C> cU r E- f--- r ~ ,...., % .;:r' ~ P'" ..J.. ", c.W C t__- ~~ ~. :2 Q, 1,.., (\ir=:: ~\B ~:-~~ (~); ~-' - "\"'\ P (~) t~ :..1:. ?::'rD 9\ "" """ ;p ~ - .----- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND CdUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION - AiRBITRA TION No.: 05-5792 Plaintiff, v. JARRETT BROCK, Defendant. < 236 NOTICE \ NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOJE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. \ , IF YOU HAVE ANY QUESTIONS CONTACT: HE ABOVE, PLEASE WEBER GALLA~}HER SIMPSON STAPLETON FI$;S & NEWBY LLP Two Gateway Ce ter - Suite 1450 603 Stanwix Stree Pittsburgh, PAl 5 22 (412) 281-4541 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, Plaintiff, v. JARRETT BROCK, Defendant. CIVIL DIVISION - ARBITRATION No.: 05-5792 CERTIFICATION OF MOTOR VEHICLE JUDGMENT Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA!.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 . ...... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as subrogee of Angela Barrick, CIVIL DIVISION -ARBITRATION No.: 05-5792 Plaintiff, v. JARRETI BROCK, Defendant. AFFIDAVIT OF MOTOR VEHICLE JUDGMENT I, Christopher P. Deegan, Esquire, do hereby certify that the judgment entered against the above named defendant, Jarrett Brock, was the result of a motor vehicle accident that occurred on or about July 15,2004. I also verify that the statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.9 4904 relating to Unsworn Falsification to Authorities. Date: <6)I/Ob GuQ~ Christopher heegan, Esquire PA 1.0. No.: 85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Two Gateway Center - Suite 1450 603 Stanwix Street Pittsburgh, P A 15222 (412) 281-4541 0IriIe M. WIIrms, NoIary PUllIc Clly 0I1'lIllIIlutI>. AIes;1eny CoII1Iy ~ n............ Elqllreo Jan. 17. llOO9 Mombor. PennsytYonla Aaaoclation of NotariH -cq" w o - ...... \:) ~ .... " ::: p:J ~t ~ ~ ~1 ,.- , C) ::;~1 C'- .-';;-:' ,.j." I c.....:., ",.;-, C,.'