HomeMy WebLinkAbout12-6459
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EMC Insurance Companies a/s/o South Middleton Township
Plaintiff
Corey Betts and Heartland Express Inc. of Iowa
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. yS ?? 20 IZ
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
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To: Defendants
MAYERS, MENNIES & SHERR, LLP
BY: RONALD H. SHERR, ESQUIRE
IDENTIFICATION NO. 09815
3031 Walton Road
Building A, Suite 330
P.O. Box 1547
Blue Bell, PA 19422-0440
(610) 825-0300
FAX (610) 825-6555
EMC INSURANCE COMPANIES
As Subrogee of South Middleton
Township
You are hereby notified to plead to the
within Complaint within twenty (20) days
of service hereof or a default judgment
may be entered against you.
Ronald H. Sherr, Esquire
Attorney for Plaintiffs
THIS IS AN ARBITRATION MATTER
ASSESSMENT OF DAMAGES HEARING
I S NOT REQUIRED
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
COREY BETTS and
HEARTLAND EXPRESS Inc., OF IOWA
NO.
COMPLAINT
Plaintiff is EMC Insurance Companies, a duly licensed insurance company
authorized to do business in the Commonwealth of Pennsylvania and maintaining an office
located at 1610 Medical Drive, Pottstown, PA 19464.
2. Plaintiffs insured, South Middleton Township ("the Township"), is a municipal
entity with an address of 520 Park Drive, Boiling Springs, Pennsylvania.
3. At all times relevant hereto, EMC Insurance Companies wrote the insurance
coverage for Commercial Property for the Township.
4. The aforesaid insurance policy was in effect on January 18, 2012.
5. Defendant Heartland Express Inc. of Iowa ("Heartland Express") is a trucking
company with a principal place of business at 901 North Kansas Ave., North Liberty, Iowa
52317.
6. Defendant Corey Betts is a driver for Heartland Express residing at 504 David
Street, Elizabethtown, North Carolina, 28337.
7. At all times relevant hereto Defendant Corey Betts was employed by Heartland
Express.
8. On January 18, 2012, at approximately 3:30 p.m. Defendant Corey Betts was
driving a tractor trailer ("rig") through the Township.
9. Upon information and belief, defendant Betts' rig was hauling an enclosed trailer.
10. Defendant Betts was travelling on Walnut Bottom Road.
11. Defendant Betts attempted to make a right turn from Walnut Bottom Road onto
Alexander Spring Road.
12. Defendant Betts' semi trailer struck a Township utility pole causing damage.
13. Defendant made the turn against signage that prohibited tractor trailer and semi
traffic from turning right.
14. The defendant admits liability.
15. Defendant was charged with violation of 75 Pa. C. S. § 3111.
16. By letter dated April 16, 2012, South Middleton Township demanded payment
from Heartland Express in the amount of $12,145.87.
17. At the time of the accident, Defendant Corey Betts was in the course and scope
of his employment.
18. As the sole and proximate cause of Defendant Betts and Heartland Express's
negligence and recklessness, the Township property listed above suffered $12,145.87 in
amages for which claim is made herein.
19. Plaintiff EMC Insurance Companies pursuant to the aforementioned policy, paid
$12,145.87 to its insured, the Township, for damages to the street light.
20. As a result of the aforesaid payments by EMC to its insured, EMC is subrogated
to the rights of its insured to recover damages caused by the negligent acts and omissions of the
Defendants.
21. Plaintiff, EMC, as subrogee of South Middleton Township, hereby claims against
Defendants Heartland Express and Corey Betts, for damages in the amount of $12,145.87 plus
interest and/or delay damages, costs and other such damages as this Court deems just and
proper.
COUNT I - NEGLIGENCE
PLAINTIFF v. HEARTLAND EXPRESS. Inc.. AND COREY BETTS
22. Paragraphs 1 through 20 are incorporated by reference as if set forth herein at
length.
23. Defendant Corey Betts was negligent, careless and/or reckless in one or more of
the following ways:
a. failing to keep his rig under control;
b. failing to prevent his semi-trailer from making contact with the Township's
property;
c. failing to obey the prohibition on right turns by semi-trailers;
d. operating the truck with attached semi trailer in a negligent and reckless manner;
e. failure to use caution to prevent his semi-trailer from hitting and damaging the
Township's Property;
f. negligence as may be proven from the facts, now exclusively in the possession of
Defendant which may be ascertained after filing this Complaint; and
g. negligence as a matter of law.
24. As a direct and proximate result of Defendant Corey Betts' negligence Plaintiff
suffered the property damage as set forth above.
25. Defendant Betts was in the course and scope of his employment with Heartland
Express at the time of the accident.
26. Therefore, Heartland Express is liable to plaintiff under a theory of respondeat
superior.
WHEREFORE Plaintiff, EMC, as subrogee of South Middleton Township, hereby claims
against Defendants Corey Betts and Heartland Express, for damages in the amount of
$12,145.87 plus interest and/or delay damages, costs and other such damages as this Court
deems just and proper.
MAYERS, MENNIES & SHERR, LLP
BY:
-L-
RONALD H. SHERR, ESQUIRE
Attorney for Plaintiff
EMC Insurance Companies
VERIFICATION
The undersigned, authorized representative of Employers Mutual Casualty Company, verifies
that the facts contained herein are true and correct to the best of his information, knowledge and belief.
The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Employers Mutual Casualty Co.
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RAWLE & HENDERSON LLP
By: Michael T. Traxler
Identification No.: 90961
Payne Shoemaker Building, 9`" Floor
240 N. Third Street
Harrisburg, PA 17101
(717) 234-7700
Attorney for Defendants,
Corey Betts and
Heartland Express, Inc.
EMC INSURANCE COMPANIES
a/s/o South Middleton Township
Plaintiff,
vs.
COREY BETZ~~S ;end
HEARTLAND E~;PRESS, INC.
Defendants
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION
NO. 12-6459
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ENTRY OF APPEARANCE z ~'-
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TO THE PROTHONOTARY: -< ~-'
Kindly e,~nter the appearance of the undersigned on behalf of defendants, Corey Betts and
Heartland Express., Inc. in the above-referenced matter.
RAWLE & HENDERSON LLP
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Michael T. Traxler, Esquire
Attorney for Defendants,
Corey Betts and
Heartland Express, Inc.
5957876-1
CERTIFICATE OF SERVICE
I hereby certify that on today's date, a true and correct copy of the foregoing entry of
appearance was served by first-class mail, postage prepaid, upon all attorneys of record,
addressed as follows:
Ronald H. Sherr, Esquire
Mayers, Mennies, & Sherr, LLP
3031 Walton Road
Building A, Suite 3~0
P.O. Box 1547
Blue Bell, PA 19422-C1440
RA WLE & HENDERSON LLP
Michael T. Traxler, Esquire
Dated: /~ ~'~~ ~ ~/ ~
5957876-I
TO THE WITHIN NAMED PARTIES:
You are hereby notitied to plead to the enclosed ANSWER WITH
NEW MATTER, within twenty (20) days from the date of service
hereof or default judgment will be entered against you
RAWLE & HENDERSON t,~.P
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Michael T. Traxler
Attorneys for Defendant
RAWLE & HENDERSON LLP
By: Michael "1'. Traxler
Identification i~1a.: 90961
Payne Shoemaker Building, 9th Floor
240 N. Third Street
Harrisburg, P A. 1710 l
(717)234-7700
EMC INSURANCE COMPANIES
a/s/o South Middleton Township
Plaintiff,
vs.
COREY BE7~"TS and
HEARTLANI:-1~;XPRESS, INC.
Defendants.
Attorney for Defendants, , r--~
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NO. 12-6459 ~` ~''
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER
Defendants, Corey Betts and Heartland Express, Inc., by and through their attorneys,
Rawle & Henderson LAP, answer Plaintiff's Complaint as follows:
Df;nied. After reasonable investigation., Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff'.
5957892-I
?. Denied. After reasonable investigation., Defendants are without knowledge or
information sufficient to form a belief as to the truth of 1:he averments contained in this paragraph
of the Complaint., and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff..
3. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
4. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint. and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
5. -admitted.
6. Admitted.
r. Admitted.
8. :Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
9. I:-enied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, .and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
5957892-I
10. Denied. After reasonable investigation, Defendants are without knowledge or
information sr.~fficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
1 1. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaiint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
12, Denied. After reasonable investigation., Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint., and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
13. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
14. Denied. Defendants have not admitted liability in this action.
15. Denied. The allegations in this paragraph constitute evidence that is inadmissible
in a civil action pursuant to Pennsylvania Case lJaw.
16. f^~dmitted in part, denied in part. Admitted only to the extent that Plaintiff
demanded payment from Heartland Express. Denied to the extent that Plaintiff provided
evidentiary support for the demand in this amount. Defendant Heartland Express has reduested
5957892-1
evidentiary support for amounts that make up the total demand; however, said information has
not been provided by Plaintiff.
17. Denied. This paragraph contains a conclusion of law to which no responsive
pleading is required.
18. Denied. Defendants specifically deny any negligence or recklessness and
demand strict proof thereof at trial. This paragraph contains conclusions of law ro which no
responsive pleading is required. After reasonable investigation, defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments contained in
this paragraph. and therefore, said averments are denied and strict proof thereof is demanded at
the time of trial.
19. ;Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
20. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
21. 1-)enied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments contained in this paragraph
of the Complair.~t, and therefore, said averments are denied and strict proof thereof is demanded
from Plaintiff.
5957892-1
COUNT I -NEGLIGENCE
PLAINTIFF v. HEARTLAND EPXRESS, INC. AND COREY BETTS
?2. This is an incorporation clause to which no responsive pleading is required.
23. (a. - g.) Denied. Defendants specifically deny any negligence, carelessness
and/or recklessness and demand strict proof thereof at trial. This paragraph and its subparts
contain conclusions of law to which no responsive pleading is required. After reasonable
investigation, defendants are without knowledge or information sufficient to form a belief as to
the truth of the .averments contained in this paragraph and its subparts of the Complaint, and
therefore, said averments are denied and strict proof thereof is demanded at the time of trial.
24. Denied. Defendants specifically deny any negligence and demand strict proof
thereof at trial. This paragraph contains conclusions of law to which no responsive pleading is
required. Aft°r reasonable investigation, defendants are without knowledge or information
sufficient to form a belief as to the 1.ruth of the averments contained in this paragraph, and
therefore, said averments are denied and strict proof thereof is demanded at the time of trial.
25. Denied. This paragraph contains a conclusion of law to which no responsive
pleading is required.
26. Denied. This paragraph contains a conclusion of law to which no responsive
pleading is required.
WHEREFORE, defendants, Corey Betts and Heartland Express, Inc., respectfully request
that this Honorable Court dismiss Plaintiff's Complaint with prejudice, deny the relief requested
therein, and graniF judgment in favor of Defendants and against Plaintiff, and grant other and
further relief as this Honorable Court deems just and proper.
X957892-1
NEW MATTER DIRECTED TO PLAINTIFF
27. Plaintiff s Complaint fails to state a claim upon which relief can be granted.
2.8. The damages complained of by plaintiff pre-existed or are unrelated to the
accident which. is~~ the subject matter of this Complaint.
29. Plaintiff's claims are barred by the doctrine of spoliation.
30. Plaintiff s claims for damage are excessive and unsupported, and therefore, must
be barred or reduced.
31. Inasmuch as Pa.R.C.P. 1032 provides that a party waives all defenses not
presented by way of answer, Defendants, hereby assert all of the affirmative defenses set forth in
Pa.R.C.P. 1010(a).
WHEREFORE, Defendants respectfully request that this Honorable Court dismiss
Plaintiff s Complaint with prejudice, deny the relief requested therein, enter judgment in favor of
Defendants and against Plaintiff, and grant such other and further relief as this Honorable Court
deems just and proper.
RAWLE & HENDERSON LLP
_._,,_ __
Michael T. Traxler, Esquire
Attorney for Defendants,
Corey Betts and
Heartland Express, Inc.
5957892-i
VERIFICATION
MICHAh:L T. TRAXLER, ESQUIRE, hereby states that he is a member of the law firm
of Rawle & I-{enderson LLP, attorneys for defendants, Corey Betts and Heartland Express, Inc.,
that he is authorized to take this verification on behalf of said defendants. The undersigned
verifies that he has read the within pleading and that the same is true and correct to the best of his
knowledge, information and belief. The undersigned understands that the statements set forth in
said pleading are made subject to the penalties of 18 Pa. Cons. Stat. Ann. X4904 relating to
unsworn falsification to authorities.
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MICHAEL T. TRAXLER, ESQUIRE
DATED
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5957842-I
CERTIFICATE OF SERVICE
I hereby certify that on today's date, a true and correct copy of the foregoing pleading
was served b~~ first-class mail, postage prepaid, upon all attorneys of record, addressed as
follows:
Ronald H. Sherr, Esquire
Mayers, Mennies, & Sherr, LLP
3031 Walton Road
Building A, Suite 330
P.O. Box 1547
Blue Bell, PA 19422-0440
RAWLE & HENDERSON LLP
-~
Michael T. Traxler, Esquire
Date: j c~'e~ ~ ~~ 2
5957892-]
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MAYERS, MENNIES ~ SHERR, LLP
BY: RONALD H. SHERR, ESQUIRE
IDENTIFICATION NO. 09815
3031 Walton Road
Building A, Suite 330
P.O. Box 1547
Blue Bell, PA 19422-0440
(610) 825-0300
FAX (610) 825-6555
ATTORNEY FOR PLAINTIFF
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EMC INSURANCE COMPANIES
As Subrogee of South Middleton
Township COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
COREY BETTS and
HEARTLAND EXPRESS Inc., OF IOWA NO. 12-6459
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
27. Denied. On the contrary, Plaintiff's claim clearly sets forth a cause of action.
28. Denied that any of the damages complained of were preexisting and on the
contrary it is averred that all the damages claimed by the Plaintiff were caused by Defendants'
negligence which is set forth in the Complaint.
29. Denied. It is denied that Plaintiffs' claims are barred by the Doctrine of Spoliation
and on the contrary the pole in question is still standing in place without having any changes
made to it by Plaintiff.
30. Denied. It is denied that Plaintiff's claims for damages are excessive and
unsupported and on the contrary ample evidence of the claims for damages have been
presented to the Defendants.
31. Denied. This is an improper pleading and no answer is necessary.
WHEREFORE, Plaintiff request that this Honorable Court dismiss the Defendants' New
Matter and enter judgment to the Plaintiff.
MAYERS, MENNIES ~ SHERR, LLP
BY:
RON LD H. SHERR, ESQUIRE
Attorney for Plaintiff
EMC Insurance Companies
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EMC Insurance Companies a/s/o South Middleton Township '
Plaintiff N0.12-6459 ,C1v11 ,~ 12„
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Corey Betts and Heartland Express Inc. of Iowa ~.j
RULE 1312-1
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The Petition for Appointment of Arbitrators shall be substantially in tl~ r~
Following form: ~ r,.~
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ronald H. Sherr ,counsel for the plaintiff/ in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ $12,145.87
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
None that Plaintiff is aware of.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Y':` ,-_~
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ORDER OF COURT
AND NOW, 200 , in consideration of the foregoing
petition, _
Esq., and
Esq., and
captioned action (or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
Kevin A. Hess, P.J.
F-1L-LO-OFFICE
OF THE PROTHONOTARY
RAWLE &HENDERSON LLP 2013 AUG 30 PM 2: 13
By: Michael T. Traxler
Identification No.: 90961 CUMBERLAND COUNTY
Payne Shoemaker Building, 9 Floor P ,E , ,,.NNSYLVA INIA
240 N.Third Street ..Attorney for Defendants,
Harrisburg,PA 17101 Corey Betts and
(717)234-7700 Heartland Express, Inc.
EMC INSURANCE COMPANIES COURT OF COMMON PLEAS OF
a/s/o South Middleton Township CUMBERLAND COUNTY
Plaintiff,
CIVIL ACTION
VS. NO. 12-6459
COREY BETTS and
y
HEARTLAND EXPRESS, INC.
j Defendants.
PRAECIPE TO SETTLE,DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Settled, Discontinued and Ended, with
Prejudice.
MAYERS, MENNIEIS, & SHERR, LLP RAWLE& HENDERSON LLP
CBy: By: - -
Ronald H. Sherr, Esquire Michael T. Traxler, Esquire
Attorney,.for Plaintiff, Attorney for Defendants,
EMC Insurance Companies a/s/o Corey Betts and
South Middleton Township Heartland Express,Inc.
I
6506678-1
I
EMC INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 12-6459 CIVIL
COREY BETTS and HEARTLAND :
EXPRESS INC. OF IOWA,
Defendant
ORDER
AND NOW,this Z D` day of September, 2013, the appointment of a Board of
Arbitrators in the above-captioned case is VACATED. Stephen Hogg, Esquire, Chairman, shall
be paid the sum of$50.00.
BY THE COURT,
Kevin . Hess, P. J.
Stephen Hogg, Esquire
/-Court Administrator
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