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Home My WebLink About10-6993t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Laura Kyler, Plaintiff, VS. SAM B. BITNER and CLI TRANSPORT, LP, Defendants. CIVIL DIVISION - ARBITRATION No.: 10-U913 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 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax 0* ? a ac0k a 5Q ??S 0? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Laura Kyler, Plaintiff, VS. SAM B. BITNER and CLI TRANSPORT, LP, Defendants. CIVIL DIVISION - ARBITRATION No.. 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 17103 Telephone: (800) 990-9108 (717) 249-3168 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of Laura Kyler, Plaintiff, VS. SAM B. BITNER and CLI TRANSPORT, LP, Defendants. CIVIL DIVISION - ARBITRATION No.: COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Laura Kyler, 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 Laura Kyler, 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. Laura Kyler is an adult individual residing at 926 West 5th Street, Lewistown, Pennsylvania 17044. 3. Defendant, Sam B. Bitner, is an adult individual residing at 1026 Pima Circle, Mechanicsburg, Pennsylvania 17055. 4. Defendant, CLI Transport, LP, is a company doing business within the Commonwealth of Pennsylvania and has a place of business located at 242 Sheetz Way, Claysburg, Pennsylvania 16625.' 5. At all times relevant hereto, Kyler was the owner and operator of a 2009 Chrysler Town and Country automobile. 6. At all times relevant hereto, Kyler maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Kyler's aforementioned vehicle. 8. At all times relevant hereto, CLI Transport was the owner of a Volvo tractor trailer bearing Pennsylvania license plate number AF35471. 9. At all times relevant hereto, Bitner was an employee and/or agent and/or representative of CLI Transport and was operating its aforementioned vehicle within the course and scope of his employment and/or agency and/or representation. 10. On or about June 3, 2010, Kyler was traveling south on Interstate 81 in Carlisle, Cumberland County, Pennsylvania, at or near Exit 44. Due to heavy rainfall and standing water on the Interstate, Kyler was traveling with her four-way hazard lights activated. . 11. Suddenly and without warning, Kyler, who had also been traveling south on Interstate 81, did strike Kyler's vehicle from behind, causing damage thereto. 12. At all times relevant hereto, Kyler was traveling in a lawful manner and had the right-of-way. 13. As a result of the aforementioned incident, the damages suffered by Kyler include, but are not limited to, damage to her vehicle and expenses associated with the use of a rental vehicle. 14. Pursuant to its policy of insurance with Kyler, Plaintiff State Farm paid damages in the amount of $11,594.44 as a result of the aforementioned damages suffered by Kyler. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrogee of Laura Kyler vs. Sam B. Bitner 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 Sam Bitner was the direct and proximate cause of the damages suffered by Plaintiff, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to control his vehicle; b. In failing to look or watch where his vehicle was being operated; C. In failing to keep a safe and proper lookout as he traveled; d. In traveling too close to Kyler's vehicle; e. In striking Kyler's vehicle from behind; f. In failing to avoid striking Kyler's vehicle; g. In traveling too fast for the existing circumstances; h. In failing to use his brakes or braking mechanisms; In failing to maintain an assured clear distance from Kyler's vehicle; and j. In failing to provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Laura Kyler, demands judgment in its favor and against the defendant, Sam B. Bitner, in the amount of $11,594.44, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subroLyee of Laura Kyler vs. CLI Transaort. Inc. 17. Paragraphs 1-16 above are incorporated by reference herein as if more fully set forth at length below. 18. The careless, negligent and reckless conduct of CLI Transport, Inc., by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damages suffered by Plaintiff, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly train its employee and/or agent and/or representative; b. In failing to properly supervise its employee and/or agent and/or representative; C. In allowing and/or permitting its employee and/or agent and/or representative to act or omit to act as described in paragraph 16; and d. In failing to provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Laura Kyler, demands judgment in its favor and against the defendant, CLI Transport, Inc., in the amount of $11,594.44, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Travis L. McElh y, squire Counsel for Plaint 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: Z 5 t Travis L. McElhaney s ire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, cn PENNSYLVANIA C= , CIVIL DIVISION z=o ter, w G -,,d r` c? ° STATE FARM MUTUAL CASE NUMBER: 10-6993 x AUTOMOBILE INSURANCE 5; t.o co COMPANY as subrogree of LAURA ISSUE NUMBER: `-+ -- KYLER, , Plaintiff V. PLEADING: PRAECIPE FOR APPEARANCE SAM B. BITNER and CLI TRANSPORT, LP, Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: SAM B. BITNER and CLI TRANSPORT, LP, Defendants. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa.ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (412) 281-2500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogree of LAURA KYLER, CASE NO: 10-6993 Plaintiff v. SAM B. BITNER and CLI TRANSPORT, LP, Defendants PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the defendants, SAM B. BITNER and CLI TRANSPORT, LP, in the above-captioned matter. Respectfully submitted, BY: H GODFRE QUIRE Attorney for the De n is A JURY TRIAL IS DEMANDED SAM B. BITNER an CLI TRANSPORT, LP CERTIFICATE OF SERVICE That counsel for the defendants, SAM B. BITNER and CLI TRANSPORT, LP, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class in ' sage pre-paid, according to the Pe Sylvania Rules of Civil Procedure, on the day of h? , 2010. Travis McElhaney, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP 2 Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Respectfully submitted, CIPRIANI &-MMRNER. P.C. BY: for the Defendants B. BITNER and CLI TRANSPORT, LP SHERIFF'S OFFICE OF CUMBERL MUNTY OE THE PROTHIDN0 ARY Ronny R Anderson Sheriff 2010 DEC 10 PM 1: 33 Jody S Smith TNf CUMBERLAND GUUFi Chief Deputy ENN5 Y LVA td IA Richard W Stewart P Solicitor State Farm Mutual Automobile Ins. Co. Case Number vs. 2010-6993 Sam B. Bitner (et al.) SHERIFF'S RETURN OF SERVICE 11/04/2010 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: CLI Transport, LP, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Blair County, PA to serve the within Complaint and Notice according to law. 11/08/2010 05:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November, 8, 2010 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sam B. Bitner, by making known unto himself personally, at 1026 Pima Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. R BURGETT, DEPUTY 11/29/2010 11:05 AM - Blair County Return: And now November 29, 2010 at 1105 hours I, Mitch Cooper, Sheriff of Blair 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: CLI Transport, LP by making known unto Jack Leach, Director of Transportation for CLI Transport, LP at 242 Sheetz Way, Claysburg, Pennsylvania 16625 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 December 08, 2010 SO ANSWERS, RON W R ANDERSON, SHERIFF DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBUURG, PA. 16648 INSTRUCTIONS: SHERIFF SERVICE Print legibly, insuring readability of all copies. PROCESS RECEIPT, and AFFIDAVIT OF RETURN ( Do not detach any copies. BCS0 ENV.# /Si 2. COURT NUMBER 3. DEFENDANT / S r ?? 4. TYPE OF E17 OR COMP tN7 , SERVE 5. NAME OF INDIVIDUAL. COMrA.NY. CORPORATIO , ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. A ACH£O OR SOLD. ?T 1(0-n C: DC ?-y--+ 1 6. ADDRESS (Street or RFD. Apartment No.. City, Bero. Twp.. State and ZIP Code) 7. INDICATE UNUSUAL SERVICE: ONAJ•_?SON IN CHA GE- E]DEPUT E E]CERT.M -REGISTERED MAIL .POSTED .OTHER NOW, , I, SHERIFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. _ . SHERIFF OF BLAIR COUNTY e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. ?M ER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ ave same mthout a watt.hman, in custody of whomever is found in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to a y plaintiff herein for any loss, destruction or removal of any such property before sheriffs- sale thereof. SICNATURE cf ATTORNEY or, other ORIGINATOR requesting service on behalf ot: PLAINTIFF -JOEFENDANT SPICE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 1 acknowled^e rece of of the writ J SIGNATURE of Authorized BCSO Deouty or Clerk and Till I 13 Dte Received te. Expiration/Hearing date 1 l i -y? I/? ?/ 1 1 - -6v -t ` or complafnt.as ndicated above e 15. I neret:y CERTIFY and RETURN that I ?have personally served. ' ave served person in charge. ? have lecia4 evidence of service as shown in "Remarks" (on reverse) [7 nave posteo ;he above described property with the writ or comp la described on the indiv,dual, company, corporation, etc., at the address shown above or on the individual- comoarv, ceroorauer etc . at the address inserted below by hand ing/or Posting a TRUE and ATTESTED COPY thereof. 16. [J-1 here-by rertily and return a NOT FOUND because 1 am unable to locate the individual, company, corporation, etc.. named above. (See remarks below) --- 18. A person of suitable age and discretion l Read Order oT? _ /, J w , ( L A k A ,n 19. Address of where served (complete only if different !han shown a-bovve) (Street or RFD. Aoanmben +No , City. Boro. Two.. State and ZIP Ccdel of abode-. 20. Date of Service 21. Time Za A/OL/- G ? a w.. S? frV 22. ATTEMPTS I Date I Mil s Dep. In Date Miles Dep. Int. Date Miles I Dep. Int. Date z? ?? r??? rn. Miles Dep. Int. Date Miles Dep. Int. Advance Costs `i24 (? { 25. 26 27. Total Costs ?' l f 1 L_l -1 q I? I .? 51 0% /0 1 0 0 r 28. COST DUE OR E 102, 30. REMARKS SO ANSWER. day of 10. TELEPHONE NUMBER 11. DATE Date SHERIFFbF BLAIR COUNTY MY ComMISN19N EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. Sheriff) (Please Print or Type) I Date 39. Date Received 0) The within upon the within named defendant by mailing to by mail, return receipt requested, postage prepaid on the , a true and attested copy thereof at _ The return receipt signed by _ defendant on the is hereto attached and made part of this return. ( ) (2 ) Outside the Commonwealth, pursuant to Pa. R.C.P. 40s (c) (t) (2). by mailing a true and attested copy thereof at in the following manner. - _-- ( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address. with the return address of the Shed` appearing thereon, on the I further certify that after fifteen ( IS days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3 ) By publication in a daily publication of general circulation in the County of Blair , Commonwealth of Pennsylvania. time (s) with publication appearing The affidavit from said publication is hereto attached. ( ) (4 ) By mailing to by -- --- mail. return receipt requested. postage prepaid. on the a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. l ) (5) Other e. RECEIPT FOR DISTRIBUTION OF ADVANCE PAYMENTS HELD IN ESCROW Blair County Pennsylvania Receipt Date 11/30/2010 Receipt Time 13:43:17 Blair County Courthouse 423 Allegheny Street Receipt No. 148398 STATE FARM AUTO INS. (VS) SAM BITNER ET AL Case Number 2010-60203 T Service Info 001 First Service Remarks Escrow Transfer Out Advance Payment Balance 150.00 Total Amount Distributed 150.00 Balance Remaining 11/08/2010 Open .00 WEBER GALLAGHER SIMPSON 1811 CHESTNUT STREET SUITE 600 PHILADELPHIA PA 19103 Distribution Transaction Description Amount Payee A-REFUND ADV COST 102.00 WEBER GALLAGHER SIMPSON A-SHERIFF FEES 38.00 COUNTY OF BLAIR A-SURCHARGE-CVL CR 10.00 COOPER MITCHELL F Total Amount Distributed 150.00 &I' w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 2010-6993 Laura Kyler, Plaintiff, PRAECIPE TO SETTLE DISCONTINUE vs. AND END SAM B BITNER . . and CLI TRANSPORT LP t , ' , , z Filed on behalf of Plaintiff mM -n = '- Defendants. rzj, Counsel of Record for this Party: r r-2: ::?c_ Travis L. McElhanev, Esquire =C ) PA I.D. # 204023 v ^..' C) 77*1 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 Laura Kyler, CIVIL DIVISION - ARBITRATION No.:2010-6993 Plaintiff, VS. SAM B. BITNER and CLI TRANSPORT, LP, Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully Submitted, - Dated: 1/1,96( WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Tt1insel is L. McElhane , Esquire for Plaintiff