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Home My WebLink About10-0975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 10 - qq5 alvil (&,rp` Barbara Darcy, Plaintiff, CIVIL COMPLAINT c o VS. -am mil z r?:i t'T'i cv WALSH CONSTRUCTION, v? Defendant. Filed on behalf of Plaintiff . rte- C) cn Counsel of Record for this Party: o Avis 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 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax O -*ga.oo PO ArY at,'* o'13oso 127'# ,2374,96 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Barbara Darcy, Plaintiff, vs. WALSH CONSTRUCTION, CIVIL DIVISION - ARBITRATION No.. 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 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Barbara Darcy, Plaintiff, VS. WALSH CONSTRUCTION, Defendant. CIVIL DIVISION - ARBITRATION No.: //ll / LIiK- COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Barbara Darcy, 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 as subrogee of Barbara Darcy, is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at P.O. Box 2371, Bloomington, Illinois 61702. 2. Barbara Darcy is an adult individual residing at 2138 Yale Avenue, Camp Hill, Pennsylvania 17011. 3. Defendant, Walsh Construction, is a company doing business within the Commonwealth of Pennsylvania and has a place of business located at 1302 Slate Hill Road, Camp Hill, Pennsylvania 17011. 4. At all times relevant hereto, Barbara Darcy was the owner of a 2006 Kia Spectra automobile. 5. At all times relevant hereto, Barbara Darcy maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Barbara Darcy's aforementioned vehicle. 7. At all times relevant hereto, John Darcy was operating Barbara Darcy's aforementioned vehicle and was doing so with her permission. Sometime prior to March 5, 2009, Walsh Construction was hired by the Pennsylvania Department of Transportation to perform construction on a bridge on Erford Road, over the Camp Hill Bypass. (See Correspondence from PennDOT attached as "Exhibit 1") 9. At all times relevant hereto, Walsh Construction was the general contractor in charge of all work being done on the Erford Road bridge located at/near/over the Camp Hill Bypass. 10. On or about March 5, 2009, John Darcy was traveling on Camp Hill Bypass/Route 15 in Camp Hill, Cumberland County, Pennsylvania, at or near Erford Road. 11. As John Darcy passed under Erford Road, suddenly and without warning, concrete and/or debris did dislodge from the aforementioned bridge and did strike Darcy's vehicle, causing damage thereto. 12. At all times relevant hereto, John Darcy was proceeding in a lawful manner and in a travel lane lined for vehicular travel. 13. As a result of the aforementioned incident, the damages suffered by Barbara Darcy include, but are not limited to, damage to her vehicle. 14. Pursuant to its policy of insurance with Barbara Darcy, Plaintiff State Farm paid damages in the amount of $2,007.67 as a result of the aforementioned damages suffered by Darcy. COUNT I - NEGLIGENCE 15. Paragraphs 1-14 above are incorporated by reference herein as if more fully set forth at length below. 16. The careless, negligent and reckless conduct of Walsh Construction, by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damage suffered by Barbara Darcy, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly secure the construction site; b. In allowing concrete and/or debris from its construction site to strike Darcy's vehicle; C. In causing damage to Darcy's vehicle; d. In creating a flying projectile hazard to motorists; e. In creating a hazard to motorists; f. In failing to warn motorists of the risk of falling debris from its construction site and/or close the travel lanes on Camp Hill Bypass due to the risk to motorists; g. In failing to properly train and/or supervise its employees and/or agents and/or representatives; h. In allowing and/or permitting it's employees and/or agents and/or representatives to act or omit to act as described above; and i. In failing to provide Barbara Darcy with the standard of care owed to her under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Barbara Darcy, demands judgment in its favor and against the defendant, Walsh Construction, in the amount of $2,007.67, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP -I,-- 4n By: e Tra is L. McElhaney, E Vuire Christopher P. Deegan, Counsel for Plaintiff 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. Travis It. McElhaney, Esqu' Dated: Z-? 1 D 36P,-1, 4 sz-P'l y COMPIONINEALTH OF PENNSYLVAMA DEPARTMENT OF GMERAL SERVICES Harrisburg June 15,2009 State Farm Insurance Subrogation Services P.O. Box 2371 Bloomington, IL 61702-2371 RE Agency : Transportation - (Your insured: Barbara Darcy) D/A .3/5/2009 Location : CUMBLD Claim # : GCML 2009335905 - Your number. 38-L652-814-BLM Dear Ms. King All tort Claims against the Commonwealth of Pennsylvania may now come under the provision of Act 152, passed September 28, 1978. The Bureau of Risk and Insurance Management is responsible for the investigation and handling of claims involving this Act. It will expedite the claim handling procedure if you will promptly complete the following item(s), if applicable. 1. ? Complete the attached Statement of Accident Report and return it to our Bureau. 2. ? Obtain two (2) written repair estimates for damages to your property/vehicle and return it to our Bureau. 3. ? Social Security Dumber or Federal Tax ID number of owner(s) 4. ? Has your insurance company made payment or will they be making payment for the damages? ? NO ? YES If you answered "Yes", please provide us with the name of your insurance company, policy number and your agenes name and phone number. 5. ? Please provide the identification of the state vehicle (license number &/or identification number). 6. ? Please provide photo(s) of damage. 7. ® Walsh is the contractor in the area and they would be responsible for the damages, please contact 717-763-1900 the contact number for Walsh. This request for information regarding your claim does = in any fashion constitute an indication that there is any legal basis for approval or denial of your claim. The information being requested will be used in making that determination. Very Truly Yours, f {? (2s $ ria, Tort Claims Evaluator Tort Claims Pre-Litigation Division BUREAU 01: RISK AND INSURANCE i%IANAGIL%IrNT P 0 Box Ims, Ha Tift% PA 771715 EXHIBIT Pharr: (717) 783-1742 E:xt: FAX: (717) -%3-71939 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson IL ^ Sheriff ????lyt Ut 1. lflllZt'C(i?'71? nJody S Smith 2 ?Q FEB 22 l+ Chief Deputy Edward L Schorpp , e ,,, '. Solicitor OF1 State Farm Mutual Automobile Ins. Co. vs. Walsh Construction Case Number 2010-975 SHERIFF'S RETURN OF SERVICE 02/17/2010 02:18 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2010 at 1418 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Walsh Construction, by making known unto Sharon Snyder, Office Manager for Walsh Construction at 1302 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 18, 2010 SOAN ERS, 9 ._.._ ,.....1 O NY R ANDERSON, SHERIFF -? 7 By Deputy eriff GoumySwte .great. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 10-975 Civil Term Barbara Darcy, Plaintiff, PRAECIPE TO DISCONTINUE vs. WITHOUT PREJUDICE p WALSH CONSTRUCTION, Defendant. >` W° Filed on behalf of Plaintiff O i( Counsel of Record for this Parry: 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 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Barbara Darcy, CIVIL DIVISION - ARBITRATION No.: 10-975 Civil Term Plaintiff, VS. WALSH CONSTRUCTION, Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: `G C ravis L. McEI y, Esquire Christopher P. gan, Esquire Counsel for Plaintiff Dated: ? Z S ( U