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Home My WebLink About11-4802Keith O. Brenneman, Esquire Attorney ID No. 47077 Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township TOWNSHIP OF HAMPDEN, Plaintiff V. MUNICIPAL ENERGY MANAGERS, INC., ROBERT J. KEARNS and !PATRICK J. McLAINE, Defendants H YLgsm P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 40,oX (1/0 J CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS THE PROTHONOTARY: Please issue writs of summons against Defendants Municipal Energy Managers, Inc., Robert J. and Patrick J. McLaine in the above action. Sne*ker & Brenneman, P. C. June 6, 2011 By: ?(/ -?? Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Solicitor for Hampden Township WRIT OF SUMMONS LAW OFFICES SNELBAKER & BRENNEMAN. P.C. o: Municipal Energy Managers, Inc., Robert J. Kearns and Patrick J. McLaine You'are hereby notified that the Township of Hampden has commenced an action against you. bate :?? Prothonotary .1 of the Court) 'Se,- (Deputy) , w- 9 .00 Al eyr , Z, ( ' 3; ,Ji?e4A%AZ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 011 JUL 26 AM 8: t: r -'RIFF CUMBERLAND COO PENNSYLVANIA Township of Hampden vs. Case Number Municipal Energy Managers, Inc. (et al.) 2011-4802 SHERIFF'S RETURN OF SERVICE 06/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Municipal Energy Managers, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania to serve the within Writ of Summons according to law. 06/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert J. Kearns, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania to serve the within Writ of Summons according to law. 06/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Patrick J. McLaine, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, Pennsylvania to serve the within Writ of Summons according to law. 06/17/2011 03:14 PM - Lackawanna County Return: And now June 17, 2011 at 1514 hours I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Robert J. Kearns by making known unto himself personally, at 1310 Church Street, Moscow, Pennsylvania 18444 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/17/2011 03:14 PM Lackawanna County Return: And now June 17, 2011 at 1514 hours I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Municipal Energy Managers, Inc. by making known unto Robert J. Kearns, Owner of Municipal Energy Managers, Inc. at 1310 Church Street, Moscow, Pennsylvania 18444 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/08/2011 03:14 PM - Lackawanna County Return: And now June 17, 2011 at 1514 hours I, John J. Szymanski, Sheriff of Lackawanna County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Patrick J. McLaine by making known unto himself personally, at 1310 Church Street, Moscow, Pennsylvania 18444 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $69.44 July 25, 2011 SO ANSWERS, 21 RON R ANDERSON, SHERIFF yc) CountySuite Sheriff, T'eleosYt, ir^- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. TOWNSHIP OF HAMPDEN, Plaintiff, v. MUNICIPAL ENERGY MANAGERS, INC., ROBERT J. KEARNS, and PATRICK J. MCLAINE, Defendants. F-- : IN THE COURT OF COMM(AftiL S : CUMBERLAND COUNTY, 173 ' r� : PENNSYLVANIA`"rc CIVIL ACTION — LAWS CASE NO. 2011-4802 Civil SUGGESTION OF BANKRUPTCY Plaintiff, by and through its Solicitor, Snelbaker and Brenneman, P.C., files this Suggestion of Bankruptcy to stay the above matter administratively and in furtherance thereof states the following: 1. Plaintiff Township of Hampden ("Plaintiff" or "Hampden Township"), is a First Class Township of the Commonwealth of Pennsylvania, with a business address at 230 South Sporting Hill Rd., Mechanicsburg, PA 17050. 2. Defendant Robert J. Kearns ("Kearns"), is an adult individual residing at 1025 Park Street, Scranton, PA 18509-1414, and he is subject to proceedings under Chapter 7 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania at No. 5:13-ap-00264. 3. Defendant Patrick J. McLaine ("McLaine"), is an adult individual residing at 33 Pinetree Drive Covington Township, PA 18424, and he is subject to proceedings under Chapter 7 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania at Nos. 5:13-bk-03878 and 5:13-ap-00264. 4. Defendant Municipal Energy Managers, Inc. ("MEM") is a business organized as a LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Pennsylvania Corporation and existing under the laws of the Commonwealth of Pennsylvania with a business address of 1310 Church Street, Moscow, PA 18444 and it is subject to proceedings under Chapter 7 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Pennsylvania at Docket No. 5:12-bk-05814. 5. Suit was filed in this Court by Writ of Summons on June 6, 2011. 6. Shortly after Plaintiff filed this action, the above -captioned matters were filed under the U.S. Bankruptcy Code by each respective Defendant in the United States Bankruptcy Court for the Middle District of Pennsylvania. 7. All of the above docketed bankruptcy matters remain pending as of this date. 8. The United States Bankruptcy Code contains a provision at 11 U.S.C. § 362 to automatically stay state court civil proceedings during the pendency of the bankruptcy proceedings, absent specific relief from the federal court. 9. Since the time of the bankruptcy filings, neither Plaintiff, nor Defendants would have been able to proceed in this matter without relief from each respective bankruptcy court, and the instant matter was stayed by operation of law. 11 U.S.C. § 362(a); In re A.H. Robins Co., 63 B.R. 986, 988 (Bankr. E.D. Va. 1986)("The automatic stay is a self- executing provision of the Bankruptcy Code and begins to operate nationwide, without notice, once the debtor files its petition for relief.") In re KSH, Inc., 27 B.R. 690, 691 (Bankr. M.D. Pa.1982)("In particular, the stay prohibits the commencement or continuation of legal action against the debtor.") "The Bankruptcy Court ... has exclusive jurisdiction to determine the extent and terms of an automatic stay." Cox v. Reilly, 2012 Phila. Ct. Com. Pl. LEXIS 154 (Pa. C.P. 2012) citing Graziani v. Randolph, 2005 PA Super 378, 887 A.2d 1244, 1248 (Pa. Super. Ct. 2005). 10. The Section 362 stay is "'automatic' . . . irrespective of whether the parties to the 2 roceeding stayed are aware that a petition has been filed,' [and] precludes any non- bankruptcy court, including state and federal courts, from continuing judicial proceedings pending against the debtor." Citizens Bank v. Myers, 872 A.2d 827, 833 (Pa. Super. Ct. 2005) quoting Maritime Electric Company, Inc. v. United Jersey Bank, 959 F.2d 1194, 1204 (3d Cir. 1992). 11. Neither Plaintiff, nor Defendants have sought relief in the bankruptcy court to continue the present matter in state court, which is otherwise stayed by operation of law, and the matter should not be administratively dismissed. WHEREFORE, Plaintiff Township of Hampden files this Suggestion of Bankruptcy to administratively STAY this matter until all Defendants' bankruptcy cases are dismissed, or until further relief is obtained from the respective bankruptcy courts. Dated: September 26, 2014 LAW OFFICES SNELBAKER 8c BRENNEMAN, P.C. Respectfully submitted, Snelbaker & Brenneman, P. C. By: Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Hampden Township 3