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Home My WebLink About96-00630 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. ft. 36 (I -tAJtj.- J L-t-'1'V'- VIVIAN S. WEAKLAND, vs. No. 1ft ERIE INSURANCE GROUP, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE 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 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 Com- plaint or for any other claim or relief requested by the Plain- tiff. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 Phone: 717-240-6200 VIVIAN S. WEAKLAND, IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA. Plaintiff, I . . vs. . NO. . ERIE INSURANCE GROUP, I I CIVIL ACTION - LAW Defendant. I JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Vivian S. Weakland, by and through her counsel, IRA H. WEINSTOCK, P.C., and makes the following Complaint I Parties 1. Plaintiff, Vivian s. Weakland, is an adult indi- vidual currently residing at 22 Andes Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Erie Insurance Group ("Erie"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and regularly conducts business at 4901 Louise Drive, P.O. Box 2013, Mechanicsburg, Cumberland County, Pennsylvania. Erie is licensed to do business and is regularly doing business in the Commonwealth of Pennsylvania. Venue 3. Venue is proper in this judicial district pursuant to Pa. R.C.P. Nos. 1006 and 2179. Factual AlleQation8 4. At all times relevant hereto, Plaintiff was a covered individual under a policy of insurance issued pursuant to Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. S 1701, et sea. ("MVFRL"), by Erie, designated as Policy No. Q03-0902695 H (hereinafter the "Erie Policy"). 5. The Erie Policy contained "uninsured motorist coverage" to provided coverage for injuries sustained by Plain- tiff as a result of the negligent of an uninsured or unidentified motorist. 6. On February 7, 1992, Plaintiff was seriously and permanently injured in a motor vehicle accident directly and proximately caused by the negligence of an uninsured motorist on or about SR 114 (South Market Street) in Upper Allen Township in Cumberland County, Pennsylvania. 7. The negligence of the uninsured motorist consisted of the following: (a) Operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. Section 3736(a); (b) Operating a motor vehicle in a reckless and careless manner in violation of 75 Pa. C.S.A. Section 3736(a) and 3714; (c) Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A. S 3361; and - 2 - , (d) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. B. As a direct and proximate result of the negligence of the uninsured motorist, Plaintiff sustained the following injuries and damages: (a) lumbar strain/sprain; (b) right lower extremity pain and weakness; and (c) injury to back, buttock and leg. 9. As a direct and proximate result of the aforemen- tioned collision, Plaintiff has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 10. As a direct and proximate result of the aforemen- tioned collision, Plaintiff has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 11. As a direct and proximate result of the aforemen- tioned collision, Plaintiff has in the past been and may in the future be disabled from performing her usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. - 3 - COUNT I IBreach of Contractl (Plaintiff v. Erie Insurance GrouDI 12. The allegations set forth in each and every preceding paragraph is incorporated herein by reference. 13. A valid and enforceable contract exists between Plaintiffs and Erie with respect to the Erie Policy. 14. By operation of contract and law, the Erie Policy makes available to Plaintiff uninsured motorist benefits of an undisclosed amount, although Erie refuses to disclose the actual scope of the coverage, or the precise terms of the Policy itself. 15. Plaintiff has performed all conditions precedent necessary to the recovery of said uninsured motorist benefits, and has complied fully with the claim procedures and requirements set forth in the Erie Policy. 16. Erie has breached its contract with Plaintiff by rejecting Plaintiff's claim for uninsured motorist benefits. 17. As a direct and proximate result of Erie's breach of contract, Plaintiff have sustained, and will continue to sustain, economic injuries in an amount in excess of $50,000.00. Wherefore, Plaintiff demands judgment against Erie in an amount in excess of $50,000.00, plus interest and costs. - 4 - . . Respectfully sUbmitted, IRA H. KEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone 717-238-1657 By: ~ l(\ fl. fU(.<.V11 rid IRA H. WEINSTOCK - - 5 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN 8S: I verify that the statements made in the attached COMPLAINT are true and correct. I understand that false state- ments herein are made subject to penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED I :JI ~~ ~ \ q q J" . -') '. ~ L ~ ~" \. L,... I "'-IA _f.L (...... \..ClA..... '1 VIVIAN S. WEAKLAND 7.' .'. Q ::IlER;lT':'3 hETllrH I~E(~ut.!\r\ CASE 1lC.: ]~~I(,-006~O ~ COMMOHWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEAr:!.=A~!'-~lY_!!<J:l 5_____________ V5. ER 1 E__I NSURANCE GRQ\.!E__ _KEtjUETH E. GOSSEcRT , Sherlff or Deputy Sherlff of CUMBERLAND County, Pennsylvania. who being duly sworn accordlng t.o law, says, the within i;:CO.!1.P_LAUIT-______._._________..______..___.____ was sp.rved upon J:RI_E;._]J~URAl!.~E GRQ.\LF?_____.________________ ....________ defendant, at _J.l_5'!L~Q1 HOURS, on th<? __b.tb_ day of Febr-uary 19~~ at 49~1 LOUIS~ DRIVE ttF;fHANICSBURG.... PA 17_9-55_ ,CUMBERLAND County, Pennsylvarlla, by handing to R. A. I1'lLTT, CLAIMS SUPERVISOR a true and attest<?d CQP~' elf the _SQ!1PJ..AJtH___._____________. ______ toh.::", . .__.- together wlth HOTICF; and at thE' same t.imf? dlrect.inq fill>... ;"}tt....nllon to t.tl"~ {.."ontC'rlts th(.~rpr)f.. Sh~riff's Costa: r1oC"'ket i nq Sef'V lC~2 - Affidavit Surcharge 18.00 8.40 . o III 2.0('1 :30 7~--~ ~ ".--~f.---.--.-.f.1 .- ------~f.::----. 1 ~ --- -.----- n.. I l(l!rld.~::; . :.nf.:'. -.=...' IPfl 1 s:;s;qI'JIRA H. WEIHSTC1!"!': ~'21 ~7 ,I 1 qf:j~. b }' Sworn and ~lJbscrlbed tQ bcioJ"e m~ W ..I.: thlS ._'1.:::-____ d.l, of '~~"'1" 19 _.!Je, A. P. ql...l""-pa,)t~ "Ft" 'I_~: 1 (~" IfIllC" '. :I: ... VIVIAN S. WEAKLAND, : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNA. . Plaintiff, : vs. . No. 96 - 630 Civil Term . : ERIE INSURANCE GROUP, . . : Defendant. . CIVIL ACTION - LAW . PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discon- tinued and ended. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: ,-0 In -/ t. lt1ui \ J1'('([ IRA H. WEINSTOCK Ul .0: ~ H' ~.o: Z e zz l.< O~ CU ~~E-< o ..... ~ U ><.....0: E-< >...:l ~Z.... O::>UI o E-<UOZ 0:: MO ::>C\OH OZ E-< U.o:IU H .0: ~O::\O :I:~"'H E-<1Il H :;: ,:> Z::>OH HUZU . . .... .... .... +J C .... ltl .... ~ C ~ :.: .0: ~ . Ul Z .0: H :> H :> ....,. ...... . III > ,..-..- . . +J C ltl '0 C Q) .... 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