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HomeMy WebLinkAbout11-3560IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of John Baker, Plaintiff, VS. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. CIVIL DIVISION - ARBITRATION No.. `', e35taD b 01 CIVIL COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: Travis L. McElhaney, Esquire PA I.D. # 204023 y., ? -J ` c iy ? J -+>> r-- .W- cry 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 a) ot4 29.0 (?a13?a V-KaS*7751 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of John Baker, CIVIL DIVISION - ARBITRATION No.. Plaintiff, vs. AMARJEET SINGH and INTRADE INDUSTRIES, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of John Baker, Plaintiff, vs. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. CIVIL DIVISION - ARBITRATION No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of John Baker, 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 John Baker, 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. John Baker is an adult individual residing at 8781 Washington Circle, Hummelstown, Pennsylvania 17036. 3. Defendant, Amaijeet Singh, is an adult individual with a mailing address of P.O. Box 16267, Fresno, California 93755. 4. Defendant, Intrade Industries, Inc., is a corporation doing business within the Commonwealth of Pennsylvania and has a principal place of business located at 2873 Larkin Avenue, Clovis, California 93612. 5. At all times relevant hereto, John Baker was the owner of a 2005 Toyota Corolla automobile. 6. At all times relevant hereto, John Baker maintained a policy of automobile insurance with State Farm which covered his aforementioned vehicle. 7. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to John Baker's aforementioned vehicle. 8. At all times relevant hereto, Eileen Baker was operating John Baker's aforementioned vehicle and was doing so with his permission. 9. At all times relevant hereto, Intrade Industries, Inc. was the owner of a 2010 truck bearing California license plate number 4KN3509. 10. At all times relevant hereto, Singh was an employee and/or agent and/or representative of Intrade Industries, Inc. and was operating its aforementioned vehicle within the course and scope of his employment and/or agency and/or representation. 11. On or about August 9, 2010, Eileen Baker was traveling south on Route 11 in Carlisle, Cumberland County, Pennsylvania, at or near its intersection with Route 465, when she slowed and stopped her vehicle at a red traffic signal. 12. Suddenly and without warning, Singh, who had been traveling in front of Eileen Baker, did reverse his vehicle and did strike Baker's stopped vehicle, causing damage thereto. 13. Following the collision, Singh did leave the scene of the accident. 14. At all times relevant hereto, Eileen Baker was traveling in a lawful manner and with all due care and regard for safety. 15. As a result of the aforementioned incident, the damages suffered by John Baker include, but are not limited to, damage to his vehicle. 16. Pursuant to its policy of insurance with John Baker, Plaintiff State Farm paid damages in the amount of $2,344.85 as a result of the aforementioned damages suffered by Baker. COUNT I - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subroeee of John Baker vs. Amarieet Singh 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 Amar eet Singh 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 remain alert to existing traffic conditions; d. In reversing his vehicle without first ensuring that it was reasonably safe to do so; e. In striking Baker's stopped vehicle; f. In failing to avoid striking Baker's stopped vehicle; g. In failing to use his brakes or braking mechanisms; h. In failing to utilize his vehicle's mirrors or otherwise look or watch where he was reversing his vehicle; i. In reversing his vehicle in a primary travel lane; 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 John Baker, demands judgment in its favor and against the defendant, Amarjeet Singh, in the amount of $2,344.85, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Company as subrove of John Baker vs. Intrade Industries, Inc. 19. Paragraphs 1-18 above are incorporated by reference herein as if more fully set forth at length below. 20. The careless, negligent and reckless conduct of Intrade Industries, 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; In allowing and/or permitting its employee and/or agent and/or representative to act or omit to act as described in paragraph 18; d. Pursuant to common law respondeat superior;, and 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 John Baker, demands judgment in its favor and against the defendant, Intrade industries, Inc., in the amount of $2,344.85, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By. Travis L. McElhaney, E uire Christopher P. Deegan, Esquire 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. `J Travis L. McElhaney, squire Dated: -l 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 11-3560 John Baker, Plaintiff, rn PROOF OF SERVICE m -"rn vs. N AMARJEET SINGH =r- ; and INTRADE INDUSTRIES, INC., Filed on behalf of Plaintiff "- i:z Defendants. 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) 28i-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of John Baker, Plaintiff, VS. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. CIVIL DIVISION - ARBITRATION No.: 11-3560 PROOF OF SERVICE I, Travis L. McElhaney, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon defendant, Amar eet Singh, by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Complaint was delivered on April 20, 2011, is attached hereto as Exhibit "A". I also verify that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating to Unsworn Falsification to Authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STApLETON FIRES & NEWBY LLP Travis L. McElhaney, Esquire Counsel for Plaintiff Dated: 4 a5 I11I f ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X nd address on the reverse ¦ Print your name a so that we can return the card to you. B. Reeeked by ( rated Name) ) e 0f ¦ Attach this card to the back of the mailpiece, A_ r --? ? l Tw n - (7T V Magi or on the front if space permits. . - . t4 y f is deivery address different D . 0 1. Article Addressed to: ff YES, enter delivery address Imam e+ 5in+ i Box P.O. NaVo7 3. Type (? ??" ?S O 1 vQI 1n ? cx X7515 Cartmeed Mail 0 Express Mail pegered 6Retum Receipt for Merchandise 0 Insured Mail O.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7002 2030 0002 6342 $520 (transfer from same IaLre1) 10205-02-M-1540 PS Form 5811;1 ?t'u9ry 2004 DortlestlRetum Receipt E XHIBIT A E r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 11-3560 John Baker, Plaintiff, PROOF OF SERVICE VS. x r r, AMARJEET SINGH < and INTRADE INDUSTRIES, INC., Filed on behalf of Plaintiff rv ' ::?4 C7 Defendants. 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 14`h Floor Pittsburgh, PA 15222 (412) 281-4541 (412) 281-4547 fax t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE ) COMPANY as subrogee of ) No.: 11-3560 John Baker, ) Plaintiff, VS. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. ) PROOF OF SERVICE I, Travis L. McElhaney, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon defendant, Intrade Industries, Inc., by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Complaint was delivered on April 25, 2011, is attached hereto as Exhibit "A". I also verify that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating to Unworn Falsification to Authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP t Travis L. McElhaney, Esquire Counsel for Plaintiff Dated: 1 a CA /I I e ¦ Complete Reins 1,2, and 3. Also complete item 4 if-Restricted Delivery Is desired. ¦ Print your name aritraddress on the reverse so that we can return the card to you. _ . ¦ Attach this card to the back of the mailpiece or on the front If space permits. 1. Article Addressed to: A- re 1 0 Agent X ? Addressee B. by ( nted Name) C. D e of 9j rery D. Is delivery address different from item 1?1 0 Yes If YES, enter delivery address below: 0 No 3. Service Type G OviS , Gal t ? r nt a 134112- Acertifed Mail 0 F?ress man Registered )KRetum Receipt for Merchandise tn}ratt t Jn4tAs-61e.,S, Inc, g ' 'LaLr k i n Avenue. 2. Article Nurnber PS Form 391 ,'February 2004 Domestic RettxAe 102985.02-M-1540 EXHIBIT 0 Insured mail 0 C.O.D. 4. Restricted Delivery? P ft Fee) ? Yes 7002 2030 0002 6342 8513 f a RQpThO?dfl?AR t{ 44 , ?4gERLANU COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLANI} C(???YLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY as subrogee of No.: 11-3560 John Baker, Plaintiff, vs. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY as subrogee of John Baker, CIVIL DIVISION - ARBITRATION No.: 11-3560 Plaintiff, vs. AMARJEET SINGH and INTRADE INDUSTRIES, INC., Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP ravis L. cElh ey, Esquire Counsel for Plaintiff Dated: