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Home My WebLink About12-0965THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Esquire Attorney Id. No.: 202188 223 North Monroe Street` ` `? tl°aTj?rJ??C Media, PA 19063 f ?4 t Telephone: (877) 992-6311, ext. 23 E-Mail: scrawfordjrgsubrolaw us ? &0 Web: www.subrolaw.us S"4 V4 Firm File No.: 12-0012 Baker Attorney for State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702-2371 IN CIVIL ACTION Plaintiff, V. ROADLINK USA NATIONAL LLC, 9681 US Highway 24 West Wolcott, IN 47995 And Grant Yetter, Jr. 225 S. Kern Street Beavertown, PA 17813 Defendants. NO.: a CSI a- 9 U S CAM 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further 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 other 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notification. Hace faita asentar una comparencia escrita o en persona o con un abogado y entregar a ]a carte en forma sus defensas o sus objections a las demandas en contra de su persona. Ses avisado que si usted no se defiende la torte tomara modidas ypuede continuer ila demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importances para usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. o?rr?? s t?3.7S Pd THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Jr., Esquire Attorney Id. No.: 202188 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 23 Web: www.subrolaw.us E-Mail: scrawfordjr(a subrolaw us Firm File No. 12-0012 Attorney for Plaintiff, State Farm Mutual Automobile Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY P.O. Box 2371 Bloomington, IL 61702 Plaintiff, vs. ROADLINK USA NATIONAL LLC 9681 US Highway 24 West Wolcott, IN 47995 and, GRANT YETTER, JR. 225 S. Kern Street Beavertown, PA 17813 Defendants. C.A. No. COMPLAINT Plaintiff State Farm Mutual Automobile Insurance Company ("State Farm") by and through its undersigned attorney, hereby alleges and states as follows: The Parties Plaintiff State Farm is an Illinois mutual insurance company collectively owned by its policyholders with its principal place of business in Bloomington, Illinois. State Farm is licensed and authorized to transact business in the Commonwealth of Pennsylvania. 2. On information and belief, defendant Roadlink USA National LLC ("Owner") is a business entity authorized to do business in Pennsylvania and, at all times pertinent hereto, had a principal place of business in the Commonwealth of Pennsylvania. Defendant is subject to service of process in this jurisdiction pursuant to 42 Pa. C. S. § 5322. 3. On information and belief, defendant Grant Yetter, Jr. ( "Operator") is an adult individual, who at all times relevant to this Complaint, resided in the State of :Pennsylvania and continues to reside in the State of Pennsylvania. Defendant is subject to service of process in this jurisdiction pursuant to 42 Pa. C.S. § 5322. Factual Allegations Common To All Counts 4. On or about February 26, 2010, State Farm had in effect a valid contract of automobile insurance with Diane Baker (the "policyholder"), providing benefits in accordance with the laws of the Commonwealth of Pennsylvania and insuring against the risk of loss to a motor vehicle owned by the policyholder. In this action, the nature of the relationship between State Farm and the policyholder is that of insurance carrier subrogee to insured subrogor. The policyholder is not a party to this lawsuit. 5. On the aforesaid date, the motor vehicle insured by State Farm, hereafter referred to as the "insured vehicle", was involved in a collision with a motor vehicle owned by defendant Roadlink and operated by defendant Yetter, Jr. in his capacity as agent, servant, workman, or employee of defendant owner, hereafter referred to as the "defendant vehicle". 2 6. At the time of the collision, the vehicle insured by State Farm was traveling southbound in the right hand lane on Route 81 in Marysville, Cumberland County, PA. The Defendant was also traveling on Route 81, in the left hand lane. The Defendant carelessly pulled into the insured vehicle's lane and struck the insured vehicle, causing damages and injury to the occupant of the insured vehicle. 7. The operator of the defendant vehicle was negligent and careless and the cause of this incident in that the operator: a. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; b. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; c. operated their vehicle in reckless, willful, or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3736; d. in addition to traditional negligence as alleged above, the operator of the defendant is negligent per se for violating the above referenced statutes and for breaching the duties of care which are reflected within those statutes; 8. Pursuant to the aforesaid policy of insurance, State Farm became liable for damages that arose out of this accident. As a result of that liability, State Farm indemnified its policyholder and made payments to or on behalf of its policyholder. 3 9. Due to this incident, expenses were incurred for property damages to the insured vehicle, including towing, storage and car rental in the amount of $8,558.86. 10. Pursuant to the principles of equity, the common law, certain statutory provisions, and the contract of insurance State Farm is subrogated for all money paid and seeks recovery of all sums paid totaling $8,558.86. WHEREFORE, Plaintiff demands judgment for $8,558.86 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI (State Farm vs. defendant Operator) 11. State Farm repeats and realleges all of the foregoing paragraphs, as well as all of the following paragraphs, as if set forth at length within this Count. 12. Defendant Operator is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $8,558.86 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT II (State Farm vs. defendant Owner) 13. State Farm repeats and realleges all of the foregoing paragraphs, as well as all of the following paragraphs, as if set forth at length within this Count. 14. Defendant Owner is liable under the doctrine of Respondeat Superior for the negligence of the operator of the defendant vehicle. 4 15. Defendant Owner was negligent in entrusting the defendant vehicle to someone who defendant Owner knew or should have known was a dangerous, inexperienced, unlicensed, uninsured, or careless motor vehicle operator. 16. As the financially responsible owner of the defendant vehicle, Defendant Owner is responsible for the damages caused by the operation of the defendant vehicle. 17. Defendant Owner is vicariously liable for the actions of the operator of the defendant vehicle. 18. Defendant Owner is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $8,558.86 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C awford, Jr. (Bar d. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: 1 W. it 5 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. By: l Stewart Crawford, Jr. (Bar Id. No. 202188) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company Dated: l (Z 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY i` IL..CC.?-F lRonny R Anderson Sheriff Jody S Smith ° 2012 FEB 28 AM 8:33 t Chief Deputy - Richard W Stewart t IJIMBBLA NDAPI? NCI Solicitor State Farm Mutual Automobile Insurance Co. Case Number vs. 2012-965 Grant Yetter, Jr. SHERIFF'S RETURN OF SERVICE 02/14/2012 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: Grant Yetter, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Complaint and Notice according to law. 02/22/2012 09:30 AM - Snyder County Return: And now February 22, 2012 at 0930 hours I, Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Grant Yetter, Jr. by making known unto himself personally, at The Snyder County Sheriffs Office, 12 S. Main Street, Middleburg, Pennsylvania 17842 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.45 February 23, 2012 SO ANSWERS,, RON R ANDERSON, SHERIFF SAVED DISK # 2012-965 MISC. DKT. BOOK # 39 PAGE # 23 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. NO: 2012-965 NOTICE AND COMPLAINT VS GRANT YETTER, JR. AFFIDAVIT OF SERVICE AND NOW, February 22, 2012, I, John A. Zechman, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint was served upon Grant Yetter, Jr., named defendant, on February 22, 2012, at 9:30 A.M., at the Snyder County Sheriffs Office, 12 S. Main St., Middleburg, Snyder County, Pennsylvania, by personally handing to Grant Yetter, Jr. a true and correct copy of the above described Notice and Complaint and that I made known to Grant Yetter, Jr. the contents of the same. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDER COUNTY, PA. BY: DEPUTY JOHN A. ZECHMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: SWORN TO AND SUB EEO BE ORE ME THIS DAY OF 20 NOTARIAL SEAL CATHERINE A. REID NOTARY PUBLIC MIDDLEBURG BOROUGH SNYDER COUNTY u., rr,...._,_ DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 18.00 Mileage 4.00 Notary 5.00 TOTAL: $ 27.00 Deposit: $75.00 Receipt # 12365 cxWras dui 29. 201 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # Refund: $48.00 Check # 8666 Travis L. McElhaney, Esq. ID No. 204023 Weber Gallagher Simpson Stapleton Fires & Newby LLP Two Gateway Center, 14'' Floor Pittsburgh, PA 15222 (412) 281-4541 Counsel for Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, V. ROADLINK USA NATIONAL LLC And, GRANT YETTER, JR., Defendants. C.A. No.: 2012 965 Civil WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: (y) -- N z _.. > C" N h? Kindly withdraw my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. tewart C. Crawford, quire PA Supreme Court I.D. # 202188 223 North Monroe Street Media, PA 19063 Dated: 3/8/2012 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the above-captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NE?nIWB' P ? Travis L. McElhaney, sq ' e PA Supreme Court I.D # 04023 Two Gateway Center, Suite 1450 Pittsburgh, PA 15222 Dated: 3/8/201.2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR WITHDRAWAUENTRY OF APPEARANCE was served upon the following party by first class mail, postage prepaid, this ??day of March, 2012, to the following: Matthew S. Taitelman, Esquire Zarwin, Baum, DeVito, Kaplan, Shaer & Toddy P.C. 1818 Market Street, 13th Floor Philadelphia PA 19103 (Counsel for Defendant) "/ /,-- N Al Travis L. McElh ey, squire Counsel for Plaintid/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION - ARBITRATION 47. AUTOMOBILE INSURANCE COMPANY, No.: 2012-965 Plaintiff, PRAECIPE TO SETTLE I vs. DISCONTINUE AND END T C) , ROADLINK USA NATIONAL, LLC and GRANT YETTER, JR., Filed on behalf of Plaintiff 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) 281-4541 (412) 281-4547 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CIVIL DIVISION - ARBITRATION No.: 2012-965 Plaintiff, VS. ROADLINK USA NATIONAL, LLC and GRANT YETTER, JR., 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 f By: Travis L. McElh , Esquire Christopher P. Deegan, Esquire Counsel for Plaintiff Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO SETTLE DISCONTINUE & END was served upon the following party by Certified U.S. Mail, postage prepaid, this ?? day of June, 2012, to the following: Matthew S. Taitelman, Esquire Zarwin, Baum, DeVito, Kaplan, Shaer & Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103 Counsel for Defendant Travis L. McElh ey, squire Counsel for Plainh