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Home My WebLink About11-9316IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: 31 (?iv*( Plaintiff , , CIVIL COMPLAINT vs. 0 Z7 TROUBLEFREE AUTO AND Filed on behalf of Plaintiff TRANSMISSION a/k/a TROUBLEFREE TOWING, Counsel of Record for this Party: '_ CD -71 Defendant Travis L McElhane Es uire . . y, q 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) aW?,* q 9, to pd a CK- P? coq ?.? a? $? ss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, VS. TROUBLEFREE AUTO AND TRANSMISSION a/k/a TROUBLEFREE TOWING, Defendant. CIVIL DIVISION 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 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, VS. TROUBLEFREE AUTO AND TRANSMISSION a/k/a TROUBLEFREE TOWING, Defendant. CIVIL DIVISION No.. COMPLAINT AND NOW, comes Plaintiff, State Farm Mutual Automobile Insurance Company, 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 ("State Farm"), 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. Defendant, Troublefree Auto and Transmission, also known as Troublefree Towing, ("Troublefree"), is a company doing business within the Commonwealth of Pennsylvania, has a place of business at 3600 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Jacob Clark maintained a policy of automobile insurance with State Farm which covered his 2006 Chevrolet Impala automobile. 4. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Clark's aforementioned vehicle. 5. At all times relevant hereto, Troublefree provided automobile towing services for patrons in and around the area of Camp Hill, Pennsylvania 17011. 6. On or about July 6, 2011, Jacob Clark's aforementioned vehicle was entrusted to the exclusive care, custody and control of Troublefree and its employees and/or agents and/or representatives, for the purpose of providing a tow service. (A copy of the tow invoice is attached hereto as "Exhibit I"). 7. While within the exclusive care, custody and control of Troublefree and its employees and/or agents and/or representatives, Clark's vehicle was damaged when an employee and/or agent and or representative of Troublefree did improperly utilize a winch device, and did pull Clark's vehicle onto a flatbed tow truck by its trailing arm, causing damage thereto. 8. Pursuant to its policy of insurance with Jacob Clark, Plaintiff State Farm paid sum-certain damages of $1,093.48 as a result of the aforementioned damage to Clark's vehicle. COUNT I - BAILMENT State Farm Mutual Automobile Insurance Company vs. Troublefree Auto and Transmission a/k/a Troublefree Towin 9. Paragraphs 1-8 above are incorporated by reference herein as if more fully set forth at length below. 10. When Troublefree's employees and/or agents and/or representatives took custody of Jacob Clark's vehicle for the purpose of providing a tow service, Troublefree entered into a bailment with Jacob Clark. 11. Troublefree, as the bailee, owed a duty of care to Jacob Clark to return his vehicle in the same condition in which it occupied when it was received into Troublefree's exclusive care, custody and control. 12. Troublefree breached this duty of care to Jacob Clark in general and in the following particulars: a. In failing to return Clark's vehicle in the same condition it occupied when it was entrusted to its exclusive care, custody and control; b. In causing damage to Clark's vehicle while within its exclusive care, custody and control; C. Pursuant to the common law doctrine of respondeat superior; d. Pursuant to the common law doctrine of vicarious liability; and e. In failing to provide the Plaintiff with the standard of case owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company, demands judgment in its favor and against the defendant, Troublefree Auto and Transmission a/k/a Troublefree Towing, in the amount of $1,093.48, exclusive of interest and costs. COUNT II - NEGLIGENCE State Farm Mutual Automobile Insurance Company vs. Troublefree Auto and Transmission a/k/a Troublefree Towine 13. Paragraphs 1-12 above are incorporated by reference herein as if more fully set forth at length below. 14. The careless, negligent and reckless conduct of Troublefree, by and through its employees and/or agents and/or representatives, was the direct and proximate cause of the damages suffered by the Plaintiff, and that conduct is more particularly set forth in the lettered paragraphs below: a. In failing to properly train its employees and/or agents and/or representatives; b. In failing to properly supervise its employees and/or agents and/or representatives; C. In allowing and/or permitting its employees and/or agents and/or representatives to act or omit to act as described above; d. Pursuant to the common law doctrine of respondeat superior; e. Pursuant to the common law doctrine of vicarious liability; and f. In failing provide Plaintiff with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, State Farm Mutual Automobile Insurance Company, demands judgment in its favor and against the defendant, Troublefree Auto and Transmission a/k/a Troublefree Towing, in the amount of $1,093.48, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By--en -q?61D Travis L. McElh Veg, quire Christopher P. D squir e Counsel for Plai 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 plaintiffs 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: l 77 L q423 Travis L. McElh ey, quire rage i oT L ' JLL-9-2011 01:22 FROM MAUDIA GULCOAT 7177318424 TO: 18887134693 MUOU FM TOMIINQ S ULLEY ENTERPRIMES R?? } , ai o SERVICE i rAar 017) 3M798 i f f { i t? t i }t i f 1 i i T" OF lE WAMTEO by Y.OIAE/ Y AM ? !lA NANtl ? MNQ91i / L g it - i ?a IPr+ YEAR MAN= I R At w C n I ro tl DUE URVla fcuo EO by om I . -AM FOA no hK 01 EN BY OAiE MOW A cwff Q ofeArcoa?m Cl **OHM o A o ?MT bE0?1M?W tla?Mru sroMAOr Yfr raoM ro ? a?Ye ? ?_ ?] No arAar Q OvT Gf oAS ? w1rtA Lsr wwobt+l oM tlMMOtN KEYS LEFT Q FMTWC U pat LMN o Y N v WOW O NOfMPAU 1oMfoMM RADIO Oimmim Q low zom Q a 0 ---? Y N n s,ovB, rwoaAAEO Loc/?.ro= MILEAGE 1?p?n?p T ( OMWOFACAR wtl O O rpm won" Igta QV ALEM bTANf MIL"09 O w u= UFO Q.wm oAu w n a t LAM TW ARM n D_ offer rs FOON wllMM?rurAT ? r (NTNOM W FAWN OCAM QCMW Oaw "Mf iT0lIAQ! 13 mm pmm .- wCMAL x TAX VHNLwvwiwm WE tJwm 0 T"M 0 TOTAL f i i r i + w..i..Mw?Nwwlr«M?rwwaw?,w.w?« YwM.Ni.w?.lowMw?w «.Araw,»awaMwaKrrlM•w+.ra...iw.u«M.trw.rtazA•r?r..wwAy?r« THANKYOY: 1138 /Aowtv i fill , lot file://D:\A38Ml67318100611073810\scripts\print.htm P. 1'1 .0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF i E t -4 --E-P1€ F FILED-OFFIOE ?c THE PROIHONOTAR , 201 I DEC 29 PM 3'. C I CUM ENNSY?YAN A TY P State Farm Automobile Insurance Company Case Number vs. Troublefree Auto and Transmission 2011-9316 SHERIFF'S RETURN OF SERVICE 12/22/2011 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: Troublefree Auto and Transmission a/k/a Troublefree Towing, but was unable to locate them in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Troublefree Auto and Transmission. Deputies were advised the Defendant is out of business. SHERIFF COST: $48.00 SO ANSWERS, December 22, 2011 RON R ANDERSON, SHERIFF fl; CountySuite Shenk Te eosoft inc. 1 -RisTHONO TAR 'S I? FEP -- i PEA l: 43 ;' PMTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT; . STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, vs. Plaintiff, TROUBLIFREE AUTO AND TRANSMISSION a/k/a TROUBLIFREE TOWING, Defendant. CIVIL DIVISION - ARBITRATION No.: 2011-9316 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE 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 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION No.: 2011-9316 Plaintiff, vs. TROUBLEFREE AUTO AND TRANSMISSION a/k/a TROUBLEFREE TOWING, Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice. Respectfully Submitted, WEBER GALLAGHE IMPSON ST PLETON FIRES, NEWBY LLP By: Tr L. McElhan, Esquire C istopher P. Dee an, Esquire Counsel for Plaintiff Dated: ? ?