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Home My WebLink About10-3452 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY COMPANY as subrogee of Mark Slabonik, Inc., Plaintiff, VS. FEDEX GROUND and FEDEX HOME DELIVERY, INC., Defendants. CIVIL DIVISION - ARBITRATION No.: ID - 3465 ai V I ( l mtt CIVIL COMPLAINT 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 71 1:. A WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax ( D-S 4gl6c) PI) AVY C0 a.32Rq P-*a YaW8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY COMPANY as subrogee of Mark Slabonik, Inc., CIVIL DIVISION - ARBITRATION No.. Plaintiff, Vs. FEDEX GROUND and FEDEX HOME DELIVERY, INC., Defendants. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE & CASUALTY COMPANY as subrogee of Mark Slabonik, Inc., Plaintiff, vs. FEDEX GROUND and FEDEX HOME DELIVERY, INC., Defendants. CIVIL DIVISION - ARBITRATION No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Fire & Casualty Company as subrogee of Mark Slabonik, Inc., 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 Fire & Casualty Company as subrogee of Mark Slabonik, Inc., 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. Mark Slabonik, Inc. is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business located at 1320 Paxton Church Road, Harrisburg, Pennsylvania 17110. 3. Defendants, FedEx Ground and FedEx Home Delivery, Inc. (hereinafter "FedEx"), are a company doing business within the Commonwealth of Pennsylvania and have a place of business located at 1000 FedEx Drive, Coraopolis, Pennsylvania 15108. 4. At all times relevant hereto, Mark Slabonik, Inc. was the owner of a 2006 International 59001 dump truck. 5. At all times relevant hereto, Mark Slabonik, Inc. maintained a policy of automobile insurance with State Farm which covered its aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Mark Slabonik, Inc.'s aforementioned vehicle. 7. At all times relevant hereto, Charles Brewer was operating Mark Slabonik, Inc.'s aforementioned dump truck within the course and scope of his employment with Mark Slobonik, Inc.. 8. At all times relevant hereto, FedEx was the owner of a box delivery truck. 9. At all times relevant hereto, Lisa Dennis and/or Theresa Dennis, was an employee and/or agent and/or representative of FedEx and was operating FedEx's aforementioned vehicle within the course and scope of her employment and/or agency and/or representation. 10. On or about August 27, 2009, Brewer was traveling on Route 581 in Camp Hill, Cumberland County, Pennsylvania with his four-way lights activated, his beacon lights activated and a "construction vehicle" sign on the tailgate of his vehicle, when he signaled, slowed and began to turn right into a construction site. 11. Suddenly and without warning, Dennis, who had been traveling behind Brewer on Route 581, did attempt to overtake Brewer on the left and did strike Mark Slabonik, Inc.'s vehicle, causing damage thereto. 12. At all times relevant hereto, Brewer was proceeding in a lawful manner and had the right of way. 13. As a result of the aforementioned incident, the damages suffered by Mark Slabonik, Inc. include, but are not limited to, damage to its vehicle. 14. Pursuant to its policy of insurance with Mark Slabonik, Inc., Plaintiff State Farm paid damages in the amount of $2,707.29 as a result of the aforementioned damages suffered by Mark Slabonik, Inc.. 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 FedEx, by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damage suffered by Mark Slabonik, Inc., and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to remain alert to existing traffic conditions; b. In striking Mark Slabonik, Inc.'s vehicle; C. In traveling too fast for the existing circumstances; d. In failing to yield the right of way to Brewer; e. In attempting to overtake Brewer on the left without first ensuring that it was reasonably safe to do so; f. In crossing the median; g. In failing to yield to a properly illuminated construction vehicle operating within a marked construction zone; h. In failing to avoid striking Mark Slabonik, Inc.'s vehicle; i. In failing to properly train and/or supervise its employees and/or agents and/or representatives; In allowing and or permitting its employees and/or agents and/or representatives to act or omit to act as described above; and k. In failing to provide Mark Slabonik, Inc. with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Fire & Casualty Company as subrogee of Mark Slabonik, Inc., demands judgment in its favor and against the defendants, FedEx Ground and FedEx Home Delivery, Inc., in the amount of $2,707.29, exclusive of interest and costs. Respectfully Submitted, By: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Travis L Mcl Christopher P Counsel for P Esquire n, Esquire 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: ?fl /I(j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOllCItOr ~~~nti~, of ~utp~irr~,t~4 ~~t• :i~~r' Z: AFFii:E C7F Tr-E SHERIFF FI'~.r ~~~"= l` ~w t r~- r~. ~ , ~~,.: . Z~IQ .~~' 29 ~°i Z~ 3 CUP~I~~Rf ; <il ,t`;;;~idTY ~~G:i VrVJ~i LVI~~ V11~. State Farm Fire & Casualty Company vs. FedEx Ground (et a1.) Case Number 2010-3452 SHERIFF'S RETURN OF SERVICE 06/02/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: FedEx Ground, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Allegheny County, PA to serve the within Complaint and Notice according to law. 06/02/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: FedEx Home Delivery, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Allegheny County, PA to serve the within Complaint and Notice according to law. 06/16/2010 Allegheny County Return: And now June 16, 2010 at 1110 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: FedEx Home Delivery, Inc. by making known unto Gary Dunbar, adult in charge for FedEx Home Delivery, Inc. at 1000 FedEx Drive, Coraopolis, PA 15108 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/16/2010 Allegheny County Retum: And now June 16, 2010 at 1110 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: FedEx Ground by making known unto Gary Dunbar, adult in charge for FedEx Ground at 1000 FedEx Drive, Coraopolis, PA 15108 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 June 28, 2010 !cj CountySuite Sheriff, Telecsoft, ptc. SO ANSWERS, ~ . ~¢:~" RON R ANDERSON, SHERIFF ~, ~~ t~ In T,,~ie Court of Common Pleas of Cumberland County, Pennsylvania Stu e Farm Fire & Casualty Corporation vs. FedEx Ground 1000 FedEx Drive PA 15108 Civil No. 2010-3452 June 2, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ounty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~_ of Cumberland County, PA Affidavit of Service Now, 6 ~ f 6~ , 20~, at //~a o'clock ~_M, served the within t,t,~P (-~- upon ~ ~yt ~u~ at j v00 f tD t'i'c Mtv~- by handing to ~ ~ rat ~A.~. a '~yd r~ copy of the original t,~,,R t'~ and made known to ~ ~-, the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA ~. g~ co In Tie Court of Common Pleas of Cumberland County, Pennsylvania _l •~ State Farm Fire & Casualty Corporation vs. ~ FedEx Home Delivery, Inc. a 1000 FedEx Drive O`~~ Coraopolis, PA 15108 Civil No. 2010-3452 Now, June 2, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of eny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. s --~, Now, (~ • ~ (, - , 20 ! 0 , at ! o o'clock ~} . M, served the within ~-t-~ upon. ~ ~ ~'fy-~G fltLlvu.ri )~G at j Ud o ~-tA ~c Mtv~ by handing to GiFI~ pyu ~R a ~,2v~ copy of the original -~~,• and made known to _ ,.., the contents thereof. Affidavit of Service ShenH oY Cumberland County, PA So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, YA IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO STATE FARM FIRE & CASUALTY CIVIL DIVISION - AR COMPANY as subrogee of Mark Slabonik, Inc., No.: 10-3452 Civil Plaintiff, vs. L 3'in: s y*y i BITRATION PRAECIPE TO DISCO WITHOUT PREJUDIC FEDEX GROUND and FEDEX HOME DELIVERY, INC., Defendants. Filed on behalf of Counsel of Record for this (Party: Travis L. McElhaney, Esq i PA I.D. # 204023 Christopher P. Deegan, Es ui PA I.D. #85635 WEBER GALLAGHER S STAPLETON FIRES & N Firm #594 Two Gateway Center 14t" Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax ON Y, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO STATE FARM FIRE & CASUALTY COMPANY as subrogee of Mark Slabonik, Inc., Plaintiff, VS. FEDEX GROUND and FEDEX HOME DELIVERY, INC., Defendants. TO THE PROTHONOTARY: CIVIL DIVISION - No.: 10-3452 Kindly discontinue the above captioned matter without Respectfully Submi WEBER GALLAG STAPLETON FIRI Dated: ( 3 By: 1., T axis L. McEI C ristopher P. Counsel for Plai , PENNSYLVANIA NITRATION Term ?"R SIMPSON & NEWBY LLP , Esquire n, Esquire