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Home My WebLink About12-1802r r. H 'R0T!100N ? H&S Towing Inc. Plaintiff 201.7 MAR 21 AN 11: ' 2 r-l'UMSERLAND C"OUN" f ,, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael St. Hilaire ; No /,2_ 20 Defendant : Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 S C 1176 ?? a7'g? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA H & S TOWING, INC., Plaintiff VS. MICHAEL ST. HILAIRE, Defendant No. Civil Action - Law COMPLAINT 1. The Plaintiff is H & S Towing, Inc. ("Plaintiff"), a Pennsylvania business corporation, organized and existing under the Business Corporation Law of the Commonwealth of Pennsylvania, with a principal business address at 148 Ole Lane, Grantville, Dauphin County, Pennsylvania, 17028. 2. The Defendant is Michael St. Hilaire, an adult individual, residing at 1825 Red Spruce Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. At approximately 6:00 P.M. on December 10, 2011, the Defendant was operating a motor vehicle traveling westbound on Wertzville Road/State Route 944, in Cumberland County, Pennsylvania. 4. The Defendant was sitting idle in the westbound lane of Wertzville Road/State Route 944, waiting to turn southbound onto Monterey Road. 5. On December 10, 2011, Richard Engle, an agent and employee of Plaintiff, was legally and non-negligently operating a vehicle owned by Plaintiff - a 2003 GMC 3500 truck ("Plaintiffs vehicle") - on Wertzville Road/State Route 944, traveling eastbound. 6. At approximately 6:06 P.M., as Plaintiffs vehicle was traveling eastbound and approaching the intersection of Wertzville Road/State Route 944 and Monterey Drive, the Defendant did, negligently and without warning, attempt to execute a left turn from the westbound lane of Wertzville Road/State Route 944, onto Monterey Drive. 7. The Defendant did thereby negligently, without warning and without the possibility of Plaintiffs vehicle avoiding Defendant's vehicle, turn directly into Plaintiff s vehicle's theretofore unobstructed lane of traffic, causing a collision between Defendant's vehicle and Plaintiffs vehicle. 8. As a result of the said collision, Plaintiffs vehicle sustained sufficient damage that the vehicle was rendered inoperable; had to be towed from the scene of the collision; and was later declared to be a total loss. 9. As a result of Defendant's negligence aforesaid, Plaintiff has incurred towing and storage expenses; the total loss of a vehicle from his fleet; and the loss of use of the said vehicle, for a significant period to time, continuing to the present. 10. As a result of Defendant's negligence, Plaintiff has incurred towing and storage expenses in the amount of $930.00 11. As a result of Defendant's negligence, Plaintiff has sustained the total loss of the 2003 GMC 3500 truck, the reasonable value of which was approximately $15,000.00; 12. As a result of Defendant's negligence, Plaintiff sustained the loss of use of the said 2003 GMC 3500 truck, in the amount of $892.39 per day, from the December 10, 2011 date of loss until the present. WHEREFORE, Plaintiff demands judgment against Defendant, in an amount in excess of $30,000.00, exclusive of interest and costs. Date: 3 ?g /a Keith E. Kendall, Esq. Attorney ID No. 42910 Scaringi & Scaringi, P.C. Attorneys for Plaintiff 2000 I,inglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 (FAX) keith@scanngilaav. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA H & S TOWING, INC., Plaintiff VS. MICHAEL ST. HILAIRE, Defendant No. Civil Action - Law VERIFICATION I verify that the statements made in this Complaint are true and correct. I further verify that I am a principal in Plaintiff in Plaintiffs corporation, and that I am authorized to verify this Complaint on the Plaintiff s behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. By: Date: Robert Hummelbaugh, Pres. H & S Towing, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor H & S Towing, Inc. vs. Michael St. Hilaire SHERIFF'S RETURN OF SERVICE i i , -2 t' G• E rS . I i?tl S Y ° A III A Case Number 2012-1802 03/24/2012 12:08 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 1208 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael St. Hilaire, by making known unto Gary St. Hilaire, F er of Defendant at 1825 Red Spruce Lane, Mechanicsburg, Cumberland County, Pennsylvania 7050 s Tntents and at the same time handing to him personally the said true and correct copy of the s4njgn ,DEPUTY SHERIFF COST: $38.45 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF CUMBERLANO COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID#84730 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3504 Attorney for Defendant H&S TOWING, INC. Plaintiff VS. MICHAEL ST. HILAIRE Defendant TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 12-1802 CIVIL ACTION - LAW JURY DEMAND REQUESTED ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned as counsel on behalf of Defendant, Michael St. Hilaire, with respect to the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, DATE: April, 2012 BY: 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID#84730 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3504 Attorney for Defendant H&S TOWING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Docket No. 12-1802 VS. MICHAEL ST. HILAIRE CIVIL ACTION - LAW Defendant JURY DEMAND REQUESTED CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April , 2012, I served a copy of Defendant's Entry of Appearance via First Class United States mail, postage prepaid as follows: Keith E. Kendall, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID#84730 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3504 Our File No. 13166-00630 Attorney for Defendant n G 1..9 c? r,, rn W vw =--n MM -0 rn__ r o n t'7 -n ?C-) C= _ c=: C -- i c -n ' H&S TOWING, INC. Plaintiff vs. MICHAEL ST. HILAIRE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 12-1802 CIVIL ACTION - LAW JURY DEMAND REQUESTED NOTICE TO PLEAD TO: Keith E. Kendall, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: 4QL26, Donald L. Carmelite, Esquire Attorney for Defendant ID# 84730 11-01968 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3504 Dated: April 19, 2012 C") c? ? *t n r - ?n a CD ? C ? ? „ter*t C-n :. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Donald L. Carmelite, Esquire ID#84730 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3504 Our File No. 13166-00630 Attorney for Defendant H&S TOWING, INC. Plaintiff VS. MICHAEL ST. HILAIRE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 12-1802 CIVIL ACTION - LAW JURY DEMAND REQUESTED DEFENDANT MICHAEL ST. HILAIRE'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted in part; denied in part. It is admitted that Plaintiff is who it says it is. All remaining allegations are denied pursuant to Pa.R.C.P. 1029(e), and strict proof thereof is demanded at of trial. 2. Admitted. 3. Admitted. 4. Admitted. 1 5. Admitted in part; denied in part. It is admitted only that on December 10, 2011, Richard Engle was an agent and employee of Plaintiff and operated the 2003 GMC 3500 truck owned by Plaintiff on Wertzville Road, State 944, traveling eastbound. All remaining allegations are denied as conclusions of law and therefore no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 6. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 7. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 8. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 9. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 2 10. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 11. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 12. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that response is deemed required, said averments are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. WHEREFORE, Defendant Michael St. Hilaire demands judgment in his favor together with such other relief this Court deems just and appropriate. NEW MATTER 13. Plaintiff fails to state a cause of action against Defendant upon which relief may be granted. 14. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 15. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged damages, all such damages being expressly denied. 3 16. Any and all damages as described by Plaintiffs in their Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiffs and/or others over whom Defendant had no control or right of control. 17. Defendant breached no duty of care owed to Plaintiffs under the circumstances. 18. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 19. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 20. Plaintiffs agent and employee, Richard Engle, operated Plaintiffs 2003 GMC 3500 truck in a negligent fashion as follows: a. Operated his motor vehicle with careless disregard for the safety of others, in violation of 75 Pa. C.S.A. § 3714; and b. Operated his motor vehicle too fast for the conditions then and there existing in violation of 75 Pa. C.S.A. §3361. 21. Plaintiffs claims are barred and/or limited by its failure to mitigate damages. 22. Plaintiffs claims may be limited or barred by those affirmative defenses set forth in Pa.R.C.P. 1030, as discovery may prove out. Dated: April IG , 2012 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By:?- e. Donald L. Carmelite, Esquire Attorney for Defendant ID# 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3504 4 VERIFICATION I, Michael St. Hilaire, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. MICCHAA. L ST. HILAIRE Dated: W/ -3 / I a 13166-0630/AWNM rn zM = rri r- ° a - -0 -Cr > C ) ..x MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN -- C-n ?fl By: Donald L. Carmelite, Esquire ID#84730 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3504 Our File No. 13166-00630 Attorney for Defendant H&S TOWING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Docket No. 12-1802 vs. : MICHAEL ST. HILAIRE CIVIL ACTION - LAW Defendant JURY DEMAND REQUESTED CERTIFICATE OF SERVICE I, Lisa J. Wallace, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April , 2012, I served a copy of Defendant's Answer with New Matter via First Class United States mail, postage prepaid as follows: Keith E. Kendall, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Keith E. Kendall, Esq. PA Attorney No. 42910 Scaringi & Scaringi, P.C. Attorneys for Plaintiff 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 (FAX) keith@scaringilaw. com Fit-ED -ORICE OROTHONOTAR 2012 JUNI 28 AM 11: 53 OUt RLAHO COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA H & STOWING, INC., Plaintiff VS. MICHAEL ST. HILAIRE, Defendant No. 2012-CV-1802 Civil Action - Law PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER NOW COMES the Plaintiff above-named, H & S Towing, Inc. ("Plaintiff'), by and through its attorneys, Keith E. Kendall, Esq., and Scaringi & Scaringi, P.C., to respond to Defendant's New Matter, by evenly-numbered paragraphs, as follows: 13. Denied. The allegation of Paragraph 13 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 14. Denied. The allegation of Paragraph 14 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 15. Denied. On the contrary, according to the police report generated as a consequence of the motor vehicle accident complained of, the Defendant was the sole factor in causing the accident at issue. Any allegation otherwise is strictly denied, with proof demanded at trial. 16. Denied. On the contrary, according to the police report generated as a consequence of the motor vehicle accident complained of, the Defendant was the sole factor in causing the accident at issue. Any allegation otherwise is strictly denied, with proof demanded at trial. 17. Denied. The allegation of Paragraph 17 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 18. The allegation of Paragraph 18 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 2 19. The allegation of Paragraph 19 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied. The Plaintiff acted in a careless, negligent and reckless manner in the operation of his motor vehicle, solely causing the accident at issue in this matter, with strict proof otherwise demanded. 20. a. Denied. The allegation of Paragraph 20.a. states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. b. Denied. The allegation of Paragraph 20.b. states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 21. Denied. The allegation of Paragraph 21 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. 3 22. Denied. The allegation of Paragraph 22 states a conclusion of law to which no response is required. To the extent deemed to be an allegation of fact, same is denied, with strict proof demanded at trial. WHEREFORE, Plaintiff requests that the allegations set forth in Defendant's New Matter be dismissed; and that judgment be entered in favor of Plaintiff after the trial of this action. Date: I. Keith E. Ken all, Esq. PA Attorney ID No. 42910 Scaringi & Scaringi, P.C. Attorneys for Plaintiff 4 CERTIFICATE OF SERVICE 1, Mary Snyder, law clerk for Scaringi & Scaringi, P.C., hereby certify that I have served the foregoing Plaintiff s Answer to Defendant's New Matter upon counsel for the Defendant, by mailing a true and correct copy thereof, by first class U.S. Mail, postage prepaid, addressed as follows: Donald L. Carmelite, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Date: Q ? ?il I tr?l Mary S' d °r Law Clerk r?~_Ep- IN THE COURT OF COMMON PLEAS OF ~`~ ~"f~ ~RQ CUMBERLAND COUNTY, PENNSYLVAN IA ~~ ~ ~ ~~~ ~ 5 H & S TOWING, INC., Plaintiff vs. MICHAEL ST. HILAIRE, Defendant No. 2412-CV-1842 Civil Action -Law PI~LAFGIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned civil action as SETTLED, DISCONTINUED and ENDED, with prejudice as to all Defendants. Date: ~ 01 D l ~.. Keith E. Kendall, Esq. Attorney for Plaintiff Attorney ID No. 42910 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Y 2~ ( 0