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Home My WebLink About10-3765IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN SELLECK, Ip -,37 3 0 - Plaintiff I`i-er-m CIVIL ACTION - LAW vs. HEARTLAND EXPRESS Defendant NOTICE OF ENTRY OF JUDGMENT TO: HEARTLAND EXPRESS The Commonwealth of Pennsylvania requires that notice of any judgment be given to the party against whom the Judgement is entered. Therefore, pursuant to Pennsylvania Rules of Civil Procedure, Rule 236, you are hereby notified that on the -74 day of 2010, a Judgment was entered against you in the office of the Prothonotary of Cumberland County, Pennsylvania. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN SELLECK, e laintiff -37G ,ivi l P 1?°r-M CIVIL ACTION - LAW VS. ° HEARTLAND EXPRESS Defendant n s PRAECIPE TO ENTER JUDGMENT 1. Plaintiff John Selleck filed Reinstatement and Penalty Petitions on or about March 17, 2010 after Defendant Heartland Express unilaterally ceased payment of wage loss benefits on January 25, 2010. 2. Between June 10, 2009 and January 25, 2010, Plaintiff received wage loss benefits at a weekly compensation rate of $418.00. 3. Defendant moved for the issuance of a Supersedeas Order, and such request was denied in an April 1, 2010 Order by Workers' Compensation Judge Karl Baldys, a copy of which is attached hereto as Exhibit "A." 4. As a result of Defendant's failure to issue payment of Workers' Compensation benefits owed and owing under the Order denying the Supersedeas request, Judgment should be issued in favor of Plaintiff and against Defendant. WHEREFORE, Plaintiff John Selleck respectfully requests that Judgment is entered in his favor and against Defendant Heartland Express for the amount of: a) $6,270, the amount representing wage loss benefits accrued from January 25, 2010 through May 10, 2010, fifteen (15) weeks of wage loss benefits at the weekly compensation rate of $418.00; and b) a continuing award for wage loss benefits at the weekly compensation rate of *a7.5o Pb ATN cl`l8oiq A), V-1C,P nma,;, l d $418.00 thereafter, until otherwise determined by law. Respectfully Submitted, SCHEMERY ZICOLELLO BY: Amy M Boring I.D. #2 8461 Attorney for Plaintiff 333 Market Street Williamsport, PA 17701 (570) 321-7554 LTR-005 REV 09/05/00 Circulation Date: 04/01/2010 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION OFFICE OF ADJUDICATION 570-327-3735 MARY C SCHEMERY ESQ SCHEMERY ZICOLELLO 333 MARKET ST WILLIAMSPORT PA 17701 SUPERSEDEAS DECISION COVER LETTER Bureau Claim Number: 3530308 Injury Date: 06/10/2009 Insurer Claim Number: 000567-000394-WC-0 Petitions: Pet-To Modify Compensation Pet-To Suspend Compensation JOHN SELLECK 1702 WARREN AVE WILLIAMSPORT, PA 17701 MARY C SCHEMERY ESQ SCHEMERY ZICOLELLO 333 MARKET ST WILLIAMSPORT, PA 17701 Vs HEARTLAND EXPRESS 201 CAROLINA WAY CARLISLE, PA 17013 PATRICK CUSICK ESQ POST & SCHELL PC 1857 WILLIAM PENN WAY PO BOX 10248 LANCASTER, PA 17605-0248 Judge: Karl Baldys Suite 202, Westbrook Grit Building 208 W. Third Street, Rear Williamsport, PA 17701 Under section 413 of the Pennsylvania Workers' Compensation Act, a supersedeas shall serve to suspend the payment of compensation in whole or to such extent as the facts alleged in the petition would, if approved, require. The decision of the Judge in such cases shall not be appealable. A hearing on the merits of the petition will be conducted at a time and place fixed by the Judge in accordance with the provisions of Section 417 of the Act. ESIS INC WILMINGTON WC PO BOX 31080 TAMPA, FL 33631-3080 GBS INC JULIE CADDY 8 FLOWERS DR MECHANICSBURG, PA 17050 Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Page 1 of 2 Employee Witnesses & Exhibits: 01 Fee Agreement CSI 02/24/10 Report of Dr. Steven Yordy JOHN SELLECK - 3530308 Employer Witnesses & Exhibits: DS 1 Notice of Ability to Return to Work regarding Dr. Galloway release DS2 Dr. Galloway Release DS3 Notice of Ability to Return to Work regarding Dr. Wolk release DS4 Approved Job Description DS5 Work Referral Hearinas• 4/29/2010 14:00:00 4/1/2010 09:15:00 Held Auxiliary aids and services are available upon request to individuals with disabilities. Equal Opportunity Employer/Program Page 2 of 2 1 t JOHN SELLECK CLAIM # 3530308 - INJURY DATE: 06/10/09 PAGE 1 OF 1 (SUPERSEDEAS ORDER ONLY) RECORD Defendant, Heartland Express, filed a Petition to Modify/Suspend Compensation Benefits against the Claimant, John Selleck, with the Bureau of Workers' Compensation on March 17, 2010. The.matter was assigned by the Bureau to the undersigned WCJ on March 22, 2010. Claimant filed an Answer on March 29, 2010. Hearings were scheduled and/or held as above listed. Defendant has submitted the above listed exhibits and moved for the issuance of a Supersedeas Order. Claimant has submitted CS-1 in opposition to the Defendant's Motion. Claimant has also requested approval of interim counsel fees. The matter is now ripe for Decision. ORDER Wherefore, upon a consideration of the foregoing, it is hereby Ordered and Directed that: 1. Defendant's Motion for Supersedeas shall be and is hereby denied. 2. Claimant's fee agreement with counsel is hereby approved. Defendant shall deduct and pay fees directly to counsel for Claimant. IMPORTANT NOTICE: This Order does not constitute a final disposition of the Defendant's Petition but is only a determination of the request for Supersedeas. If this Order denied the Supersedeas request, the Claimant's workers' compensation status will remain unchanged and benefits currently being received will continue. If this Order granted a Supersedeas, the Claimant's benefit will be reduced or discontinued pending a final decision by the Judge. The parties will be notified if a further hearing will be held before the Judge on the merits of the Defendant's Petition. THIS ORDER IS NOT SUBJECT TO APPEAL. /hkb KAR . B DYS, WCJ Williamsport District Office CERTIFICATE OF SERVICE Amy R. Boring hereby certifies that a true and correct copy of the foregoing Praecipe to Enter Judgment has been served upon Defendant Heartland Express, at 201 Carolina Way Carlisle, Pennsylvania by U.S. First Class Mail, postage prepaid, on May 6, 2010. SCHEMERY ZICOLELLO By: a2wi 0 -" Amy R. Poring I.D. #208461 Attorney for Plaintiff 333 Market Street Williamsport, PA 17701 (570) 321-7554 sR SATISFACTION OF JUDGMENT Full satisfaction ~s hereby acknowledged of that certain Judgment entered on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN SELLECK c ~' , PI intiff : 10-3765 Civil Term -~-~ ~~' ~-- =r -.r, . - i- l.A~ '~,. 7 ....., CIVIL ACTION -LAW <._:` -~ HEARTLAND EXPRE S '' `~ - ~ `~ ~" De _ endant ~_ ~: `~'' ~""~ ~-~ c.~ =~ June 7, 2010, in the full satisfaction of captioned matter. Accordingly, the Prothonotary may enter in this action. Respectfully Submitted, SCHEMERY ZICOLELLO By: Amy Boring I.D. # 8461 Attorney for Plaintiff 333 Market Street Williamsport, PA 17701 (570) 321-7554 +I IN THE COURT OF JOHN SELLECK, vs. H EARTLAN D Amy R. Boring Satisfaction of Judgme Carolina Way Carlisle, F 2010. MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ntiff : 10-3765 Civil Term CIVIL ACTION -LAW dant CERTIFICATE OF SERVICE hereby certifies that a true and correct copy of the foregoing nt has been served upon Defendant Heartland Express, at 201 'ennsylvania by U.S. First Class Mail, postage prepaid, on July 16, SCHEMERY ZICOL LO By: Amy .Boring I.D. # 08461 Attorney for Plaintiff 333 Market Street Williamsport, PA 17701 (570) 321-7554