Imhoff v. Pep Boys

71 Pa. D. & C.4th 1, 2005 Pa. Dist. & Cnty. Dec. LEXIS 169
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedFebruary 9, 2005
Docketno. CI-04-07381
StatusPublished

This text of 71 Pa. D. & C.4th 1 (Imhoff v. Pep Boys) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imhoff v. Pep Boys, 71 Pa. D. & C.4th 1, 2005 Pa. Dist. & Cnty. Dec. LEXIS 169 (Pa. Super. Ct. 2005).

Opinion

PEREZOUS, J.,

This matter is before the court on the preliminary objections and petition to compel arbitration filed by the defendant, Pep Boys— Manny, Moe and Jack, against the complaint of the plaintiff, Richard Imhoff Jr. Specifically, defendant contends that the plaintiff’s complaint should be dismissed because a mutual agreement to arbitrate claims signed by the plaintiff and defendant requires the present claim to be submitted to arbitration. For the reasons that follow, this [3]*3court sustains the defendant’s preliminary objections, and grants the petition to compel arbitration.

This case arises from events relating to the termination of plaintiff’s employment. Plaintiff was employed as a service manager at defendant’s store located at 2080 Lincoln Highway East, Lancaster, Pennsylvania. It is alleged that defendant discharged the plaintiff in November 2001, because he had engaged in work-related misconduct. Specifically, he claims that an investigation conducted by the defendant revealed that he failed to pay for work performed on his vehicle, took store inventory for his personal use, and used money taken from the cash register to purchase lunches for himself and others. It is also alleged that the investigation showed that the plaintiff allowed others to engage in similar misconduct. Consequently, it is alleged that this activity resulted in the plaintiff’s discharge on November 7, 2001.

On the same day that the plaintiff was informed that his services were no longer required, he received a telephone call from the East Lampeter Township Police Department requesting him to come to the station for questioning regarding Pep Boys. Several weeks after speaking with the police, charges of unlawlul taking and criminal conspiracy were filed against the plaintiff. In March 2003, plaintiff’s trial was held in the Court of Common Pleas of Lancaster County. The jury found the plaintiff not guilty of the charges.

On or about August 5,2004, plaintiff filed a complaint against the defendant in the Court of Common Pleas of Lancaster County. The basis of the complaint is the defendant’s alleged malicious prosecution of plaintiff arising out of the investigation conducted by the defen[4]*4dant and the subsequent proceedings against him. After defendant received service of process in this action, its counsel contacted plaintiff’s attorney to advise him of the agreement to arbitrate and to request the plaintiff to dismiss the complaint and proceed to arbitration. Defendant was then informed that plaintiff would not agree to proceed to arbitration voluntarily. Subsequently, defendant filed preliminary objections and a petition to compel arbitration as plaintiff and defendant had signed a mutual agreement to arbitrate claims. In response, plaintiff filed an answer to the defendant’s preliminary objections and petition to compel arbitration. Both parties filed briefs supporting their respective positions.

When the plaintiff began his final period of employment with the defendant in July 2000, he executed a mutual agreement to arbitrate claims with the defendant. The agreement provides, in pertinent part:

“The company and I mutually consent to the resolution by arbitration of all claims or controversies (‘claims’), past, present or future, whether or not arising out of my application for employment, assignment/employment, or the termination of my assignment/employment that the company may have against me or that I may have against ... the company.” Defendant’s exhibit 2(B) at p. 1.

It further states, “[t]he claims covered by this agreement include, but are not limited to ... tort claims.” Id. Additionally, the parties agreed “that neither [the plaintiff nor the defendant] shall initiate or prosecute any lawsuit ... in any way related to any claim covered by this agreement.” Id. The agreement also acknowledges that the plaintiff “anticipate^] gaining the benefits of a speedy, impartial, final and binding dispute resolution procedure.” Id.

[5]*5The Pennsylvania Rules of Civil Procedure provide that preliminary objections may be filed based upon an agreement for alternative dispute resolution. Pa.R.C.P. 1028(a)(6). The rules also note that “[a]n agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform Arbitration Act, or the common law.” Id. (citations omitted) Under the Pennsylvania Uniform Arbitration Act, “[a] written agreement to subject any existing controversy to arbitration or a provision in a written agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity relating to the validity, enforceability or revocation of any contract.” 42 Pa.C.S. §7303.

Once a party makes a showing that such an agreement exists and that the opposing party has refused to arbitrate, “the court shall order the parties to proceed with arbitration.” 42 Pa.C.S. §7304.1 Accordingly, the defendant requests that the court order the plaintiff to submit to arbitration pursuant to the agreement.

As a matter of public policy, Pennsylvania courts “strongly favor the settlement of disputes by arbitration.” [6]*6Smith v. Cumberland Group Ltd., 455 Pa. Super. 276, 283, 687 A.2d 1167, 1171 (1997). E.g., Langston v. National Media Corp., 420 Pa. Super. 611, 616, 617 A.2d 354, 356 (1992); The Children’s Hospital of Philadelphia v. American Arbitration Association, 231 Pa. Super. 230, 234, 331 A.2d 848, 850 (1974). Courts should make every reasonable effort to favor such agreements when parties agree to arbitrate in a clear and unmistakable manner. E.g., Smith, 455 Pa. Super. at 283, 687 A.2d at 1171; Hassler v. Columbia Gas Transmission Corp., 318 Pa. Super. 302, 307, 464 A.2d 1354, 1357 (1983). “When one party to an agreement seeks to prevent another from proceeding to arbitration, judicial inquiry is limited to determining (1) whether a valid agreement to arbitrate exists between the parties and, if so, (2) whether the dispute involved is within the scope of the arbitration provision.” Smith, 455 Pa. Super. at 283, 687 A.2d at 1171; Midomo Co. Inc. v. Presbyterian Housing Development Co, 739 A.2d 180, 186 (Pa. Super. 1999); Messa v. State Farm Insurance Co., 433 Pa. Super. 594, 597, 641 A.2d 1167, 1168 (1994). “If a valid arbitration agreement exists ... and [the] claim is within the scope of the agreement, the controversy must be submitted to arbitration.” Id. at 600, 641 A.2d at 1170.

In the present case, a valid agreement to arbitrate exists between the parties. In 2000, plaintiff and defendant entered into an agreement to arbitrate any claims which would arise between them. This agreement can properly be characterized as an adhesion contract.

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Bluebook (online)
71 Pa. D. & C.4th 1, 2005 Pa. Dist. & Cnty. Dec. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imhoff-v-pep-boys-pactcompllancas-2005.