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Home My WebLink About04-0269THOMAS MORIBONDO, ESQUIRE ATTORNEY I.D. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE 49 Keystone Court Honeybrook, PA 19344 VS, COURT OF COMMON PLEAS CUMBERLAND COUNTY DELTA LABOR SERVICES,/NC. 1000 Conshohocken Road Conshohocken, PA 19428 NO. COMPLAINT - CIVIL ACTION NOTICE AVISO You have been sued in court If you wish to defend against the claims set fort~ in the following pages, you must teke acriD, within twanty (20) days after ~ha cemplaint and notice are nswnd, by enter~g a writtan apl~aranee personally or by attorney and flllag in wHfiag with the court lmur defanses or obj~rtbe~ to the claims set fodh against yo~. You ore warned that if you fail to do so the case rnay pmcoud without you and a judgment may be entered against you by 'dm ~:ou~t without furifmr r,e~ce for any money claimed i. the complaint or for any olhor claim or relief requested by the plaintiff. You may lose money or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAl. SERVICE8 TO ELIGIBLE PERSON8 AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Caltlala, PA 17013 (717)249-3155 Le han demandndo a usted an la corte. Si ustnd quiem defandarse de estas demandas expuestes an las paglnss sigulantes, ustnd t]ane veinte (20) dias de plazo al parflr de la fecha de la demanda y la notfftcanlon. Hace telte asm~ar una compore~g:la nsorite o an pemons o cou un abogndo y entragar a la corie an fonna escfite sns defansas o sns objecionns a lan demandns an contra de su persmm. Sea mndkJas y puede con~nuar la danmnda mt contra suya sim. iwevlo aviso o notifinsck~. Adenms, la corto puede decidlr a favor del dmnandante y requiem que nsted cumpla con todan las ivrovlaionns de ante dentanda. Usted punde perrier dinero o sns propladndns u ot~os LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABAGADO O BiND 11ENE EL DINERO 8UFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTNA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 S. B~lford Stmet Carlisle, PA 17013 1. PlaintiffBrian A. Hope is an adult individual currently residing at 49 Keystone Court Honeybrook, Pennsylvania 19344. 2. Defendant Delta Labor Services, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania maintaining a place of business at 1000 Conshohocken Road, Conshohocken PA, who at all times relevant hereto regularly conducted business in Cumberland County, Pennsylvania. 3. At all times relevant hereto, Defendant Delta Labor Services, Inc. acted through its agents, servants and/or employees, and provided road flagging services for Communications Construction Group. 4. On or about January 22, 2002, at about 1:15 p.m., Plaintiff Brian A. Hope, in the course and scope of his employment with Communications Construction Group, had driven a commercial bucket truck to a location on State Route 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pennsylvania. 5. Plaintiffwas one of several workmen who had driven work vehicles to that section of State Route 34 to perform repair and/or maintenance on the telecommunications system. 6. At the aforesaid date, time and place, PlaintiffBrian A. Hope stopped and positioned his work truck so that he would have access, while elevated from its bucket, to Utility Pole No. 15813. 7. At the aforesaid date, time and place, PlaintiffBrian Hope was accompanied by a flagman who was an agent, servant and/or employee of Defendant Delta Labor Services, Inc. 8. At the aforesaid date, time and place, PlaintiffBrian A. Hope was elevated approximately thirty feet in the air in the extended bucket of the parked commercial bucket truck performing maintenance on Utility Pole No. 15813. 9. At aforesaid date, time and place Kathryn T. Shoemaker was operating a motor vehicle northbound on State Route 34 (Spring Road) in North Middleton Township, Pennsylvania. 10. At the aforesaid date, time and place, Defendant Delta Labor Services, Inc., by and through its agents, servants and/or employees negligently and carelessly failed to direct traffic and provide proper flagging signals to traffic, particularly to Kathryn T. Shoemaker. 11. At the aforesaid date, time and place, Kathryn T. Shoemaker, while proceeding northbound on State Route 34 in North Middleton Township, Pennsylvania, struck the rear of the commercial vehicle above which Plaintiff was working. 12. As a result of the impact, Plaintiffwas thrown back and forth inside the elevated bucket of the truck. 13. The accident aforementioned was caused by reason of the negligence and carelessness of Defendant Delta Labor Services, Inc. acting by and through their agents, servants and/or employees and was due in no manner whatsoever to act or failure to act on the part of Plaintiff. 14. The negligence of Defendant Delta Labor Services, Inc., by and through its agents, servants and/or employees, consisted of the following: (a) providing insufficient flagmen to direct traffic; (b) insufficiently staffing the said flagging job; (c) failing to properly direct traffic and signal to motorists; (d) providing inadequate training and procedures to safely direct traffic and safely flag traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic conditions; (f) negligence per se; (g) violating statutes and regulations of the Commonwealth of Pennsylvania and violating the requirements of the Pennsylvania Code; (h) providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker; (i) being otherwise careless or negligent. 15. As a result of the aforementioned accident and the negligence and carelessness of Defendant, PlaintiffBrian A. Hope suffered severe injuries which include but are not limited to herniated discs at C3-4, C4-5 and C5-6; traumatic exacerbation of cervical spondylotic myelopathy; cervical strain and sprain; radicular pain with neurologic involvement; post traumatic headaches; injuries to his cervical, thoracic and lumbosacral spine, their bones, cells, tissues, nerves, muscles and functions; injury to his dominant fight shoulder along with a superior labral tear and a SLAP lesion along with right shoulder impingement; rotator cufftendinits; synovitis; shock and injury to his nerves and nervous system, some or all of which injuries, Plaintiffhas been advised, are or may be permanent in nature. 16. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff Brian A. Hope has undergone an anterior cervical discectomy at C5-6; an anterior cervical fusion at C3 through C-6 with iliac crest structural bone graft and anterior plate fixation; an anterior cervical corpectomy at C4-5, along with permanent and disfiguring scarring in the throat as a result of the surgeries. Plaintiff further developed lateral femoral cutaneous nerve symptoms and neurological dysfunction and erectile dysfunction following the bone harvesting procedure, which is and/or may be permanent in nature. 17. As a result of the accident aforementioned and the negligence and carelessness of Defendant, PlaintiffBrian Hope has undergone an arthroscopic debridement of the labral tear and subacromial decompression of his dominant right shoulder, along with scarring attendant to the surgery. 18. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has undergone great physical pain, suffering and mental anguish, and he may or will continue to endure the same for an indefinite time in the future, to his great detriment and loss. 19. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has suffered a loss of earnings and loss and depreciation of his earnings and earning capacity, and he may or will continue to suffer such loss and depreciation for an indefinite time in the future, to his great detriment and loss. 20. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has been unable to attend to his usual and daily duties, avocations and occupation, and has suffered a loss of life's pleasures and he may or will continue to be unable to attend to the same for an indefinite time in the future, to his great detriment and loss. 21. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiffhas been obliged to expend large sums of money for medicines and medical care and treatment in an effort to effect a cure and/or treatment for his injuries and he may or will be obliged to continue to expend such sums of money, for the same purposes, for an indefinite time in the future, all to his great detr/ment and loss. 22. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiff has undergone surgical procedures and resultant scarring, including scars on and near his right shoulder~ an approximate 3½" scar on this throat and a 2½" scar above his right hip which are permanent and disfiguring and unsightly and Plaintiff may in the future undergo medical procedures in order to attempt to alleviate the sears and the unsightly appearance. 23. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiff has suffered embarrassment and humiliation which is continuing and may continue into the future, to his great detriment and loss. 24. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiffhas been prescribed narcotic medications in an effort to relieve his pain and now has a plate and screws installed in his neck, which may need to be removed at further expense; has undergone extensive physical and rehabilitative therapy and home exercise programs and is limited in function and motion, which limitations are expected to continue into the future. 25. As a result of the accident aforementioned, Plaintiff sustained losses of tools and equipment that he used in his employment and claim is made for the fair market value ofsa/d tools and equipment. WHEREFORE, Plaintiff claims of the defendant herein a sum in excess of Fifty Thousand Dollars, interest, damages for delay and costs. THOMAS MORIBONDO, ESQUIRE Attorney for Plaintiff VERIFICATION is the in this action, foregoing Civil Action-Complaint are true and correct to the best of h iS knowledge, and belief. The undersigned understands that the therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Brian A. Hope , hereby states he Plaintiff and verifies that the statements made in the information statements Section BRIAN A. HOPE THOMAS MORIBONDO, ESQUIRE ATTORNEY ID NO.: 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE COURT OF COMMON PLEAS CUMBERLAND COUNTY DELTA LABOR SERVICES, INC. NO.: 04-269 Civil Term PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Civil Action-Complaint referenced at the above docket number. DATE:_February 11~ 2004 ~HoMAS MORIBONDO, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-00269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOPE BRIAN A VS DELTA LABOR SERVICES INC OUT OF COUNTY Thomas Kline says, that he made a diligent to wit: duly sworn according to law, and inquiry for the within named DEFEND~NT DELTA LABOR SERVICES INC but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On February 5th 2004 , attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery CO 33.00 .00 70.00 02/05/2004 THOMJkS MORIBONDO Sworn and subscribed to before me this /~ day of~u~.7 ~$~O_ z/ A.D. Prothonotary this office was in receipt of the So answer~:..~-~/~~ ~ R.'Thomas Kline Sheriff of Cumberland County in The Court of Common Pleas of Cumberland County, Pennsylvania Brian A. Hope VS. Delta Labor Services Inc. SERVE: same No. 04-269 civil NOW, January 22, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW~ within upon at by handing to a and made known to Affidavit of Service , 20__., at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS SERVICE MILEAGE AFFDAVIT County, PA NUMBER: A- 561 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY DATE: Feb. 2, 2004 Brian A. Hope Delta Labor Services Inc. 1000 Conshobocken Rd. Conshohocken, PA NO SERVICE SO ANSWERS ..................... j~o. Dv6rcv~t-e~ SHERIFF OF MONTGOMERY COUNTY MEMO: On Jan. 29, 2004 the deputy returned because there is no Delta Labor Services on building directory. Building manager stated defendant is unknown to them. Deputy Sheriff Hansen SD Form 032-I May 86 R. THOMAS }<LINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Hon. John Durante Montgomery County Sheriff Dear Sheriff: Brian A. Hope VS Delta Labor Services Inc 04~269 civi~ Enclosed please find to be served upon Notice and Complaint Delta Labor Services 1000 Conshohocken Road Conshohocken, PA 19428 inyourCounty.' OERSON SERVED RELATION I.POSITION.~ " ~ereo£ an~.send us your remm of serv/~ / PLACE OF SERVICE ............. TIME OF SERVICE DATE OF SER¥~QE NUMBER OF ATTENP/S DEPUTY Very lam/y yours, . ' R. Thomas Kline, Sheriff Cumberland Count, Pennsylvania SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00269 P COMMONWEALTH OF PENNSYLVDHqIA: COUNTY OF CUMBERLAND HOPE BRIAN A VS DELTA LABOR SERVICES INC R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: DELTA LABOR SERVICES INC but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On March 31st , 2004 attached return from FPJ~NKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 71.44 ,00 108.44 03/31/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ day of ~ ~ A.D. ~; Prothonotary 0 · __ , this office was in receipt of the So answer: R.~omas Kline' Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Brian A. Hope VS. Delta Labor Services Inc. SERVE: Scott C. Brown as agent for defendant No. 04-269 civil NOW, February 19, 2004 hereby deputize the Sheriff of Pranklin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service ~OW, within ,20_ , at o'clock __ M. served the ~pon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN CASE NO: 2004-00044 T COMMONTWEALTH OF PENNSYLV~NIA COUNTY OF FRANKLIN - NOT FOUND BRIAN A HOPE VS DELTA LABOR SERVICES, ET AL JOHN E STRINE according to law, the within named BROWN SCOTT C unable to locate Him COMPLAINT , Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for DEFENDANT , to wit: but was in his bailiwick. He therefore returns the the within named DEFENDANT , BROWN SCOTT C NOT FOUND , as to 403 WALNI3T STREET WAYNESBORO, PA 17268 Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 39.44 71.44 So ans ers: ~ CUMBERLAND CO SHERIFF 03/24/2004 Sworn and subscribed to before me this ~\r~ day of ~~ THOMAS MORIBONDO, ESQUIRE Attorney ID No.: 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE COURT OF COMMON PLEAS vs. CU~IBERLAND COUNTY DELTA LABOR SERVICES, INC. NO.: 04-269 Civ. Term PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Civil Action-Complaint referenced at the above docket number. DATE: May 24, 2004 THOMAS MORIBONDO, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOPE BRIAN A VS DELTA LABOR SERVICES INC R. Thomas Kline duly sworn according to law, says, that he made a and inquiry for the within named DEFENDANT DELTA LABOR SERVICES INC but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being diligent search and to wit: He therefore Pennsylvania, to On June 10th , 2004 attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 70.00 06/10/2004 THOMAS MORIBONDO Sworn and subscribed to before me this /&r~ day o~ A.D. Prothonotary this office was in receipt of the So answer - R.~Thomas Kline Sheriff of Cumberland County THOMAS K~IN~ EDWARD L SCHORPP Solicitor Hon. John Dur~gte Montgcmery County Sheriff Dear Sheriff: Enclosed please find to be served upon OFFICE OF THE SHERIFF One Cou~house Squ~re CarlisJe, Pennsylvania 17013 Brian A.' Hope VS Delta Labor Services Inc 04-269 civil Notice and Complaint, reinstated Delta Labor Services Inc. by serving president/CJ~ 974 Valley Road Blue Ball, PA 19422 RONNYR,ANDERSON ChiefOepu~ JODY S. SMITH Re~ Es~te Depu~ DEPUTY / ~ourretum afservice. Very truly yours, , R. Thomas Kline, Sheriff Cumberland County, Pennsylvania rt &llblic/ ~V/asoz] o~erit~ In The Court of Common Pleas of Cumberland County, Pennsylvania Brian A. Hope VS. Delta Labor Services Inc serve president/CEO No. 04-269 civil NOW, May 26, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of l~ontc~cmerv Coun~ to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, 'Affidavit of Service ,20~ e/, at o'clock .. within upon by handing to and made known to rYe copy of the original served the the contents thereof. So answers, Sheriff of County, PA Sworn a:9.q[~bscrib0d,15,~£ore . / Norfistown Boro, Montgomery County ~y Commissir~n ExCres D~, 13, 2004 COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY A- 2605 DEFENDANT: Delta Labor Services, Inc. DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Leo Couchara RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: June 3, 2004 ~ 6;30 LOCATION: 974 Valley Rd., Blue Bell, PA June 7, 2004 Patricia A, Giambrone, Notar~ Public Norristown Boro,, Montgome~ Coun~ My ~mmission ~i~s ~. ~3, 2004 Sheriff of Montgomery County Deputy Sheriff Mason