HomeMy WebLinkAbout00-06023
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WILLIAM P. DOUGLAS, ESQUIRE
ATTY, LD. # 37926
DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
ATTORNEY FOR PLAINTIFFS
CARMELO M. MENIST and
PATRICIA W. MENIST
V,
SCHNEIDER NATIONAL, INC.
And DONALD J. MUDDIMAN
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PA
CIVIL ACTION - LAW
NO. 2000 - W;;P., CML TERM
JURY TRIAL DEMANDED
NOTICE
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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Legal Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
717-249-3166
Dated:
August 31, 2000
DOUGLAS, DOUGLAS & DOUGLAS
By ~~- ~
William p, Douglas, Esquire
Attorney for Plaintiffs
COMPLAINT
1. The plaintiffs, Carmelo M, Menist and Patricia W. Menist, are
husband and wife, and they reside together at 617 North Madison Street,
Muncie, Delaware County, Indiana 47305.
2. The defendant, Schneider National, Inc., is a corporation registered
to do business in the Commonwealth of Pennsylvania, with a place of business
located at One Schneider Drive, Carlisle, Cumberland County, Pennsylvania
17013.
3, The defendant, Donald J. Muddiman, is an individual residing at
2504 Hoffer Street, Harrisburg, Dauphin County, Pennsylvania 17103.
4. On or before May 28,1999, the defendant, Donald J, Muddiman
was an employee/agent of the defendant, Schneider National, rnc" and was
working within the scope of his employment at all times relative hereto.
5. On May 27, 1999, the plaintiff, Carmelo M. Menist, a truck driver
for Burlington Motor Carriers, arrived at PPG in Mount Holly Springs,
Cumberland County, Pennsylvania, to drop off a load, and a PPG employee
advised him to park his truck in a lot with other trucks.
6, On May 28, 1999, Defendant Muddiman, a truck driver for
Schneider National, Inc., attempted to back his truck into an open area next to
Plaintiff Carmelo M. Menist's truck. He collided with the plaintiff's truck,
causing plaintiff to fall from the bunk to the floor inside his truck.
-<'
COUNT I
7. Plaintiff, Carmelo M. Menist, incorporates by reference thereto and
makes a part hereof all of the preceding paragraphs as fully as though the same
were set forth at length herein.
8. The aforesaid accident was a direct and proximate result of the
negligence of Defendant Muddiman, while working within the scope of his
employment for Schneider National, Inc.
9. The defendants were negligent in the following respects:
(a) Failure to maintain a proper lookout;
(b) Failure to drive within the assured clear distance ahead; and
(c) Failing to operate the said tractor-trailer in a safe and
prudent manner.
.
10. As a direct and proximate result of the accident, the Plaintiff,
Carmelo M. Menist, was injured. Those injuries includ~, but are not limited to,
aggravation of a previously repaired herniated disc, back surgery, heart attack
and pulmonary hemorrhage,
11. As a direct and proximate result of the injuries suffered by
Plaintiff, Carmelo M, Menist, he has undergone and will continue to undergo
great pain, suffering, aggravation, inconvenience, embarrassment, mental
anguish, emotional and psychological trauma, and loss of life's pleasures.
12. As a direct and proximate result of the accident, the Plaintiff,
Carmelo M, Menist, has incurred medical expenses, which may not be covered
by the Motor Vehicle Financial Responsili>ility Act.
13. Plaintiff, Carmelo M. Menist, has incurred, and may continue to
incur, expenses to assist him in his day-to-day living.
14, As a direct and proximate result of the accident, Plaintiff, Carmelo
M, Menist, has lost wages, may continue to do so in the future, and his economic
horizons may be limited.
WHEREFORE, it is prayed that judgment be entered in favor of the
Plaintiff, Carmelo M, Menist, and against the defendants, in an amount in excess
of that requiring compulsory arbitration under the Local Rules of Court. A jury
trial is hereby demanded.
COUNT II
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15. Plaintiff, Patricia W, Menist, incorporates by reference thereto and
makes a part hereof all of the preceding paragraphs as fully as though the same
were set forth at length herein,
16. At all times pertinent hereto, Plaintiff, Patricia W, Menist, was and
is the wife of Plaintiff, Carmelo M, Menist.
17, As a result of the defendants' negligence, resulting in injuries to her
husband, as set forth in the preceding paragraphs of the Complaint, Plaintiff,
Patricia W. Menist, may have been obliged to expend various sums of money for
medicine and/or medical attention for her said husband's injuries.
18. Further, by reason of the aforesaid, Plaintiff, Patricia W. Menist, has
been deprived of the assistance, companionship, consortium and society of her
husband, all of which have been to her great financial damage, detriment and
loss.
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WHEREFORE, it is prayed that judgment be entered in favor of Plaintiff,
Patricia W. Menist, in an amount in excess of that requiting compulsory referral
to arbitration under the local rules of Court. A jury trial is hereby demanded.
August 31, 2000
DOUGLAS, DOUGLAS & DOUGLAS
By c,J, 1. Q l d..- P- ~
William p, Douglas, Esquire
Attorney for Plaintiffs
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS,
VERIFICATION
This verification is made pursuant to Pa. R.c.P. 1024(c) by counsel for the
plaintiffs, based upon information received, due to the unavailability of the
plaintiffs.
To the best of signer's knowledge, information, and belief, the foregoing is
true and correct,
DOUGLAS, DOUGLAS & DOUGLAS
Dated: August 31, 2000
Byft,J~ P ~
William P. Douglas
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas, Esquire
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972~8065
CARMELO M. MENIST and
PATRICIA W. MENIST
v.
SCHNEIDER NATIONAL, INe.
AND DONALD J. MUDDIMAN
Attorney for Defendant, Schneider
.
National, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 2000-6023
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, Schneider National, Inc.
in the above entitled action.
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JACK EMAS & ASSOCIATES
BY:
MAS
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. IDGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
y
WILLIAM P. DOUGLAS, ESQ.
Supreme Court tD.# 37926
GEORGE F. DOUGLAS, III, ESQ.
Supreme Court I.D.# 61886
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I CARMELO M. MENIST and I Q)MBERLAND CoUNTY PENNSYLVANIA
i PATRICIA W. MENIST, :
I PLAINTIFF i
I ,'""",. 'A"'::" "e. I
and DONALD J. MUDDIMAN, i
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, DEFENDANT! ,
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2000 - 6023
CIVIL TEPM
aVIL ACTION LAW
To: Curtis R. Long, Prothonotary
PRAECIPE
..-
Please substitute the attached plaintiff verification for my
counsel verification attached to the Complaint filed August 31, 2000.
DOUGLAS, DOUGLAS & DOUGLAS
Date:
September 18, 2000
by
.~
CARMELO M, MENIST and
PATRICIA W. MENIST
v.
SCHNEIDER NATIONAL, INe.
And DONALD J. MUDDIMAN
STATE OF INDIANA
COUNTYOF~
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IN lHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
CIVIL ACTION~ LAW
NO. 2000 - (in;;G CML TERM
JURY TRIAL DEMANDED
)
)
SS.
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct, to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions of 18 Pa, e.s,A. 9 4904
relating to unsworn falsification to authorities.
t)Cf- DO(- CJ CJ
Date
u1l2l~
Carmelo Menist
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CASE NO: 2000-06023 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERIFF'S RETURN - OUT OF COUNTY
MENIST CARMELO M ET AL
VS
SCHNEIDER NATIONAL INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
MUDDIMAN DONALD J
but was unable to locate Him
in his bailiwick, He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On October
2nd , 2000 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Dauphin Co
6.00
9.00
10,00
25.50
.00
50.50
10/02/2000
DOUGLAS, DOUGLAS
~~~~
R.. Thomas Kline
Sheriff of Cumberland County
..,-
& DOUGLAS
Sworn and subscribed to before me
this 6"=
day of {J~
tlo-rro A.D.
~Q.~~
Prothonotary I
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CASE NO: 2000-06023 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MENIST CARMELO M ET AL
VS
SCHNEIDER NATIONAL INC ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SCHNEIDER NATIONAL INC
the
DEFENDANT
, at 0009:20 HOURS, on the 11th day of September, 2000
at ONE SCHNEIDER DRIVE
CARLISLE, PA 17013
by handing to
DOLORES CHANDLER (TEAM
OPERATIONS MANAGER)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
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Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
3.10
.00
10.00
.00
31.10
So A;;::~~t
R. Thomas Kline
10/02/2000
DOUGLAS, DOUGLAS & DOUGLAS
Sworn and Subscribed to before
By:
~ tJ.
Deputy Sh~
me this o~
day of
{J~ J-uw A,D.
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r thonotary
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@ifit~ of tqe ~4~riff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MENIST CARMELO M AND PATRICIA W. MENIS
vs
County of Dauphin
MIDDIMAN DONALD J.
Sheriff's Return
No. 2024-T - -2000
OTHER COUNTY NO. 2000-6023
AND NOW: September 21, 2000 at 7: 45PM served the within
NOTICE & COMPLAINT IN CIVIL ACTION upon
MIDDIMAN DONALD J. by personally handing
to HIM 1 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN CIVIL ACTION
and making known
to him/her the contents thereof at 2504 HOFFER ST.
HARRISBURG, PA
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17103-0000
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So Answers,
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Sworn and subscribed to
before me this 22ND day of SEPTEMBER, 2000
ARY
By
Pa.
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Sheriff's Costs: $25.50 PD 09/07/2000
RCPT NO 140948
TORO
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. ' III The Court of Common Pleas of Cumberland County~ Pennsylvania
Carmela M. Menist. et. al.
VS.
Schneider National, Inc.,
Serve: Donald J. Muddiman
et. al.'
No.
20-6023 Civil
N 9/1/00
ow,
,200 C , I, SHERIFF OF Cl1MBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
. . r~~"c~#
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
.-
a
copy ofthe original
and made lmown to
the contents thereof.
So answers,
Sberiff of
County, PA
Sworn and subscribed before
me this day of , 20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas, Esquire
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
Attorney for Defendant, Schneider
National, Inc.
CARMELO M. MENIST and
PATRICIA W. MENIST
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
v.
NO. 2000-6023
SCHNEIDER NATIONAL, INC.
ANDDONALDJ.MUDD~N
PRAECIPE
TO THE PROTHONOTARY:
Attached hereto is a copy of the Notice of Removal to the United States
Middle District of Pennsylvania filed in the above captioned matter. Th,lrNotice was
filed on September 18, 2000.
BY:
EMAS
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Q/ hi ClItIc 01 Coo.I1lor tlt pupooe 01 r-.g t', . II doch! ohMl (SEE INSTllUCTlONS ON nE NN E OF 1l1E ~.)
,. (I) PlAIN11FFS OEFENDANl1 .
Carmelo M. Menist and Patricia W. Menis Schn7ider National, Inc. and Donald J.
617 North Madison Street Muddlman
Muncie, IN 47305 31 packerland Boulevard
Green Bay, WI
(b) CC<MTY OF 1Of$lOENCE OF __ umDl'Wl'ln
(EXCEPT IN U.S PlAIHT1fF CASES)
cc::ull'Y Of "Es:a::ec:l OIF ""lAm) _ _ t:wtr
ON U.S, PlAINTIFF CASES ONLY)
NOTE' N LN<D ~ T10N CASES. USE T>'E cOCA T10N ~ _
TRACT OF \..AI'oC) 1M'0t. VEO.
Ie) ATTONEVs IF.... _. ACIOlIeSS. NCJ TtUJ'HONE "-"'IlElIl
William P. Douglas, Esquire
27 W. High Street
POB 261
n. BASIS OF JUR'SDICllON
f'VGE N4 T f.: ONE BOX Of<<.Yl
AT1ORIC)'S ~_
Jack Emas, Esquire
3130 Centre Square West Building
1500 Market Street
Phila PA 19102
III. CIT1ZENSHIP OF PRINCIPAL PARTIES ~ AN -r .. OlE "'" ""'.........,.,.
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C(:I NOT CtTt.u:ustC~ $'l'Al\JTES......uSS CllYERSrTYI
28 U.S.C. 1441 et seq. and 28 U.S.C. 1332
VII. REQUESTED IN CHECK IF THIS IS A ClASS ACTION
COMPLAltre 0 UNDER F.R CP 23
VIII. RELATED eASElS) (See~) .A.OGE
IFAHY
OEIoIANO S
$75,000
CHECK YES only . clemandod in ~
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas, Esquire
Attorney Identification No, 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
Attorney for Defendant, Sclmeider
National, Inc.
FILED
SCRANT()f\i
SEP 1 8 2000
CARMELO M. MENIST and
PATRICIA W. MENIST
PEA
UNITED STATES DISTRICT COURT DEPUTY CLERK
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA
v.
SCHNEIDER NA TIONAL, INe.
AND DONALD J. MUDDlMAN
NO.
1 : CVOO-1658
NOTICE OF REMOVAL
Defendant Schneider National, Inc. is a corporation, duly incorporated in the
State of Wisconsin, with principal place of business located at 31 Packerland
Boulevard, Green Bay, Wisconsin and hereby files this Notice and avers as follows:
.<"
1. There was commenced and now pending in the Court of Common Pleas of
Cumberland County, a civil action in which the above named Carmelo M. Mellist and
Patricia W, Mellist are plaintiffs and Schneider National, Inc. and Donald J
Muddiman are defendants.
2. Said action is civil in nature, and the amount in controversy, exclusive of
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interest and costs is alleged to exceed $75,000. Attached as Exhibit "A" is plaintiffs
Complaint which is incorporated herein,
3. Defendant Schneider National, lnc, avers that diversity of citizenship exists
between the parties in controversy as follows:
(a) Plaintiffs are now and was at the time of the corrunencement of this action a
citizen and resident ofthe State of Indiana.
(b) Defendant Schneider National, Inc, is now and was at the time of the
commencement of this action incorporated in the State of Wisconsin, with principal
place of business in Green Bay, Wisconsin, Said defendant does not have a principal
place of business in Pennsylvania.
(c) Donald Muddiman is a citizen of the State of Pennsylvania,
4, This action is one over which this Court has original jurisdiction under the
provision of28 U.S.C. ~ 1332 and is one which may be removed to this Court by
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defendant pursuant to the provisions of28 U.S.c. ~ 1441, et seq.
5. This notice is filed with this Court within the time for removal set forth in 28
U.S.c. S 1446, inasmuch as 30 days have not passed since the receipt by defendant of
a copy of the initial pleading setting forth the claim for
relief upon which this action is based.
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6. Written notice of the filing of this Notice will be given to all adverse
parties as required by law.
7. A copy of said notice will be filed with the Prothonotary of the Court of
Common Pleas ofCwnberland County.
8. There is filed herewith a copy of all process, pleadings and orders served
upon defendant in this action.
WHEREFORE, Defendant respectfully requests that this action be removed
from the Court of Common Pleas of Cwnberland County Pennsylvania to the U.S.
District Court for the Middle District of Pennsylvania,
BY:
CIATES M
JACK EMAS & A
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COMPLAINT
1. The plaintiffs, Carmelo M. Menist and Patricia W, MC!nist, are
husba,nd and wife, <lnd they reside together at 617 North Madison Street,
Munclc, Delaware County, Indiana 47305.
2, The defendant, Schneider National, Inc" is a corporation registered
to do business in the Commonwealth of Pennsylvania, with a place of business
located at One Schneider Drive, Carlisle, Cumberland County, Pennsylvilnia
17011 '
3, The defendant, Donald 1. Muddiman, is an individual residing at
2504 Hoffer Street, Harrisburg, Dauphin County, Permsylvania 17103,
4, On or before May 28, 1999, the defendant, Donald 1. Muddiman
was an employee/agent of the defendant, Schneider National, Inc" and was
working within the scope of his employmcnt at all times relative hereto.
5, On May 27, 1999, the plaintiff, Carmelo M, Menist, a truck driver
for Burlington Motor Carriers, arrived at PPG in Mount Holly Springs,
Cumberland County, Pennsylvania, to drop off a load, and a PPG employee
ndvised him to park his truck in a lot with other trucks.
6. On May 28, 1999, Defendant Muddiman, a truck driver for
Schneider National, Inc" attempted to back his truck into an open area next to
Plaintiff Carmelo M. Menist's truck. He collided with the plaintiff's truck,
causing plilintiff to fall from the bWlk to the floor inside his truck.
'"
COUNT I
7. Plaintiff, Carmelo M. Menist, incorporales by reference thereto and
makes a part hereof all of the preceding paragraphs as fully as though the same
were set forth at length h('rein.
8. The aforesaid accident was a direct and proximate result of the
negligence of Defendant Muddiman, while working within the scope of his
employment for Schneider National, Ine,
9. The defendants were negligent in the following respects:
(a) Failure to maintain a proper lookout;
(b) Failure to drive withi,n the assured clear dist<lnce ahead; and
(c) Failing to operate the said tractor-trailer in n safe and
prudent manner.
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10, As a direct and proximate result of the accident, the Plaintiff,
Carmelo M, Menist, was injured. Those injuries include, but are not limited to,
aggravation of a previously repaired herniated disl:, back surgery, heart attilck
and pulmonilry hemorrhage,
11, As a direct and proximate result of the injuries suffered by
Pl3intiff, C3rmelo M. Menist, he has undergone and will continue to undergo
great pain, suffering, aggravation, inconvenience, emb3rrassment, mental
anguish, emotional and psychological trauma, and loss of life's pleasures,
12, As a direct and proximate result of the ilccident, the Plaintiff,
Carmela M, Menist, has incurred medical expenses, which may not be covered
by the Motor Vehicle Financial Responsibility Act.
13. Plaintiff, Carmelo M, Menist, has incurred, and may continue to
incur, expenses to assist hun in his day-to-day living,
14. As a direct .and proximate result of the accident, Plaintiff, Carmela
M, Menist, has lost wages, may continue to do so in the future, and his economic
horizons may be limitoo.
WHEREFORE, it is prayed that judgment be entered in favor of the
Plaintiff, Carmelo M, Menist, and against the defendants, in an amount in excess
of that requiring compulsory arbitration under the Local Rules of Court. A jury
trial is hereby dem3nded.
COUNT II
'"
15, Plaintiff, Patricia W, Menist, incorporates by reference thereto and
makes a part hereof all of the preceding paragraphs as fully as though the same
Wl~re set forth at length herein.
16. At aU times pertiMnt hereto, Plaintiff, Patrici~ W. Menist, was and
is the wife of Plaintiff, Carmela M. Menist.
17. As a result of the defendants' negligence, rE-sulting in mjurics to I\('r
husband, as set forth in the preceding paragraphs of the Complaint, Plaintiff,
l',ltricia W, Menist, may have been obliged to expend various sums of money for
medicine and/ or JT1L>dical attention for her said husbund's injurics.
18. Purther, by reason of the aforesaid, Plaintiff, Patricia W. Menist, has
bCl'" deprived of the assistance, companionship, consortium and society of her
hugband, ...11 of which h...ve been to her great financial daJT1<lgc, detriment and
loss.
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WHEREFORE, it is prayed that judgment be entered in favor of Plllintiff,
Patricia W, Menist, in an amount in excess of that rllquiring compulsory referral
to arbitration under the local rules of Court. A jury trial is hereby demanded,
Augnst 31, 2000
DOUGLAS,OOUGLA
By .~~.
William p, Douglas, Esquire
Attorney for Plaintiffs
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
55.
VERIFICA TlON
This verification is made pursuant to Pa, R.C.P. l024(c) by counsel for the
plaintiffs, based upon information received, due to the unavailability of the
plaintiffs.
To the best of signer's knowledge, information, and belief, the foregoing is
true and corrcct.
DOUGLAS, DOUGLAS & DODGL^S
Dated: August 31,2000
By ~~.
William p, Douglas
.,-
...:L.~"
CARMELO M. MENIST AND
PATRICIA W. MENIST
Plaintiffs
IN THE COURT OF COMMONS PLEAS
OF CUMBERLAND COUNTY, PA
VS
DOCKET NO. 2000-6023 CIVIL
SCHNEIDER NATIONAL, INC.
AND DONALD J. MUDDIMAN
Defendants
I-Vo--rv - \ S^lo 0
ICI [2 f(=l[2, nn J!'.:=Jr;=,1 .::]', IL~
1.I\51.5l':::,15d0~~ '
OCT 1 9 ZOOO
PER
HARRISBUR
D~T)'
THE MIDDLE DISTRICT COURT OF PENNSYLVANIA - CIVIL DIVISION
PLEASE ACKNOWLEDGE RECEIPT OF THIS CASE BY SIGNING AND DATING THIS DOCUMENT.
RECORD RECEIVED: