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Home My WebLink About15-0223 Supreme Co-if Pennsylvania COut" Off Comma leas For Prothonotary Use Only: C'vil�' S et ♦f,�lf. �, �; Docket No: . - CU BIND=°' 17. r County ao�5� ooaa3 �iuilTrm The information collected on this form is used solely for court administration purposes. This form does not F supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: [E Complaint _=i Writ of Summons 0 Petition S S Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: 1 State Farm Mutual Automobile Insurance Company Charles D. Otstott and Pennsy Supply, Inc. T Dollar Amount Requested: X'within arbitration limits I Are money damages requested? Xi Yes 0 No (check one) ^outside arbitration limits O IN Is this a Class Action Suit? Yes X No Is this an MDJAppeal? I_J Yes ER No I A Name of Plaintiff/Appellant's Attorney: Travis L. McElhaney, Esquire Check here if you have no attorney(area Self-Represented {Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. j TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS I -.. Intentional E3 Buyer Plaintiff Administrative Agencies Malicious Prosecution fes' Debt Collection:Credit Card El Board of Assessment Motor Vehicle El Debt Collection:Other E3 Board of Elections Nuisance F1 Dept.of Transportation S � Premises Liability El Statutory Appeal:Other Q Product Liability(does not include E mass tort) Employment Dispute: h Slander/Libel/Defamation Discrimination C 0 Other: [3 Employment Dispute:Other Zoning Board T i Other: I E] Other: i O MASS TORT I l Asbestos N [3 Tobacco MLJ Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste C..y Ejectment 0 Common Law/Statutory Arbitration B Other: Ct Eminent Domain/Condemnation E] Declaratory Judgment 0 Ground Rent C:; Mandamus _G Landlord/Tenant Dispute Non-Domestic Relations Fl Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial El Quo Warranto 0 Dental 0 Partition 0 Replevin El Legal Quiet Title 0 Other: 0 Medical Other: Other Professional: Updated 1/112011 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE COMPANY, No.: a015 - 00,;�AZ (2ml`rP�iM Plaintiff, vs. CIVIL COMPLAINT CHARLES D. OTSTOTT and PENNSY SUPPLY, INC., Filed on behalf of Plaintiff Defendants. Counsel of Record for this Party: :c _ Travis L. McElhaney, Esquirer- PA I.D. #204023 72 Christopher P. Deegan, Esquire 2-c - PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY, LLP Firm#594 Two Gateway Center Ie Floor Pittsburgh, PA 15222 Telephone: (412) 281-4541 Fax: (412) 281-4547 (I 5.775 PO A`W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) VS. ) CHARLES D. OTSTOTT ) and PENNSY SUPPLY, 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM MUTUAL ) CIVIL DIVISION—ARBITRATION AUTOMOBILE INSURANCE ) COMPANY, ) No.: Plaintiff, ) vs. ) CHARLES D. OTSTOTT ) and PENNSY SUPPLY, INC., ) Defendants. ) 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 an insurance company doing business within the Commonwealth of Pennsylvania and has a registered mailing address of P.O. Box 106172, Atlanta, Georgia 30348. 2. Defendant, Charles D. Otstott ("Otstott"), is an adult individual residing at 22 Milford Road,Newport, Pennsylvania 17074. 3. Defendant, Pennsy Supply, Inc. ("Pennsy Supply"), is a company doing business within the Commonwealth of Pennsylvania and has a place of business at 1001 Paxton Street, Harrisburg, Pennsylvania 17104. 4. At all times, Kara Burris ("Burris") was the owner and operator of a 2004 Mazda 3 automobile. 5. At all times relevant hereto, Burris maintained a policy of automobile insurance with State Farm which covered her aforementioned vehicle. 6. Pursuant to its policy of insurance, State Farm retains subrogation rights against any party liable for causing damage to Burris' aforementioned vehicle. 7. At all times relevant hereto, Pennsy Supply was the owner of a 2007 Peterbilt tractor-trailer bearing Pennsylvania license plate YXZ 6445 8. At all times relevant hereto, Otstott was an employee and/or agent and/or representative of Pennsy Supply and was operating the aforementioned tractor-trailer within the course and scope of the employment and/or agency and/or representation. 9. On or about June 24, 2013, Burris operated her 2004 Mazda on Hunter Lane at or near its intersection with Brentwood Road in Enola, Cumberland County, Pennsylvania, when she signaled and slowed, preparing to turn right. 10. At the same time and place, Otstott operated Pennsy Supply's tractor-trailer on Hunter Lane when, suddenly and without warning, Otstott did strike Burris' vehicle from behind, causing damage thereto. 11. At all times relevant hereto, Burris operated her automobile in a lawful manner and had the right-of-way. 12. Pursuant to its policy of insurance with Burris, Plaintiff State Farm paid sum- certain damages in the amount of$6,038.90 as a result of the aforementioned damage to Burris' vehicle. COUNT I—NEGLIGENCE State Farm Mutual Automobile Insurance Company vs. Charles D. Otstott 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 Otstott 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 the vehicle; b. In failing to look or watch where the vehicle was being operated; c. In failing to keep a safe and proper lookout; d. In failing to maintain an assured clear distance from Burris's vehicle; e. In failing to yield the right-of-way to Burris; f. In striking Burris's vehicle; g. In failing to use the brakes or braking mechanisms; h. In traveling too fast for the existing circumstances; i. In operating the vehicle in violation of the Pennsylvania Motor Vehicle Code; 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, demands judgment in its favor and against the defendant, Charles D. Otstott, in the amount of$6,038.90, exclusive of interest and costs. COUNT II—NEGLIGENCE State Farm Mutual Automobile Insurance Company vs. Pennsy Supply, Inc. 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 Pennsy Supply, 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 14; d. Pursuant to common law respondeat superior; e. Pursuant to common law vicarious liability; and f. 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, demands judgment in its favor and against the defendant, Pennsy Supply, Inc. in the amount of$6,038.90, exclusive of interest and costs. Respectfully Submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRS NEWBY LLP By: Travis L. McElhane , Es ire Christopher P. Deeg squire 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 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. Travis L. McElha y, squire Dated: