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HomeMy WebLinkAbout14-0853 Supreme Court of Pennsylvania Court of Commo'nTleas For Prothonotary Use Only: Civil Cover Sheet , Docket No: CUMBERLAND 2 ' J -.� County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint n Writ of Summons ❑ Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Dean U. Chapman Sheldon S. Davis & Real Stars Trucking, LLC Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) [H ]outside arbitration limits O N Is this a Class Action Suit? F1 Yes ED No Is this an MDJAppeal? 0 Yes Ix No A Name of Plaintiff /Appellant's Attorney: Michael J. Cooper, Esq. /Cellino & Barnes, P.C. El Check here if you have no attorney (are a Self- Represented [Pro Set Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional El Buyer Plaintiff Administrative Agencies F1 Malicious Prosecution n Debt Collection: Credit Card ❑ Board of Assessment n Motor Vehicle i❑ Debt Collection: Other El Board of Elections Q Nuisance E] Dept. of Transportation :] Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) Q Slander/Libel/ Defamation Discrimination Q C El Other: Employment Dispute: Other El Zoning Board T ❑ Other: I Q Other: O MASS TORT El Asbestos N p Tobacco E] Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment E] Common Law /Statutory Arbitration B El Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus Landlord/Tenant Dispute E] Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial El Quo Warranto El Dental ❑ Partition ❑ Replevin El Legal ❑ Quiet Title 0 Other: Medical ❑ Other: n Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEAN U. CHAPMAN f , Plaintiffs = t lab vs. Civil No. REAL STARS TRUCKING, LLC c -; SHELDON S. DAVIS Defendants �. COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff DEAN U. CHAPMAN, by her counsel, MICHAEL J. COOPER, of counsel to Cellino & Barnes, P.C., 451 Grider Street, Buffalo, New York, 14215, and files this Complaint against defendants, REAL STARS TRUCKING, LLC and SHELDON S. DAVIS, upon information and belief alleges as follows: 1. That Plaintiff DEAN U. CHAPMAN is an adult individual residing at 169 N. Main Street, Warsaw, New York 14569. 2. At all times herein relevant defendant REAL STARS TRUCKING, LLC has been a Limited Liability Company duly authorized to conduct business in the State of Pennsylvania. 3. At all times herein relevant defendant REAL STARS TRUCKING, LLC has conducted business in Pennsylvania and has maintained a place of business at 9611 N. US. Highway 1, #257, Sebastian, Florida 32958. 1 o ? , � S �' � � 3ai 133 4. That Defendant Sheldon S. Davis is an adult individual residing at 921 Shadowmoss Drive, Winter Garden, Florida 34787. 5. On or about February 7, 2013, Northeast Transport, Inc. was the owner of a 2002 Freightliner bearing New York State License Plate Number 21800PB. 6. On or about February 7, 2013, plaintiff DEAN U. CHAPMAN operated the aforementioned 2002 Freightliner with the full knowledge, consent and permission of the owner, Northeast Transport, Inc. 7. On or about February 7, 2013, defendant REAL STARS TRUCKING, LLC was the owner of a 2001 Kenworth bearing Florida State License Place No. Z4723V. 8. On or about February 7, 2013, defendant SHELDON S. DAVIS operated the aforementioned vehicle with the full knowledge, consent and permission of the owner, defendant REAL STARS TRUCKING, LLC. 9. On or about February 7, 2013, at approximately 5:03 a.m., plaintiff, DEAN U. CHAPMAN operated the 2002 Freightliner in a northbound direction on Interstate 81 in South Middleton Township, County of Cumberland and State of Pennsylvania. 10. On or about February 7, 2013, at approximately 5:03 a.m., defendant SHELDON S. DAVIS operated the 2001 Kenworth in a northbound direction on Interstate 81 in South Middleton Township, County of Cumberland and State of Pennsylvania. 11. On or about February 7, 2013, at approximately 5:03 a.m., the 2001 Kenworth being operated by defendant, SHELDON S. DAVIS struck the back of the 2002 Freightliner being operated by plaintiff, DEAN U. CHAPMAN on the northbound 2 Interstate 81 in South Middleton Township, County of Cumberland and State of Pennsylvania, thereby injuring plaintiff. 12. That as result of the collision of the parties hereto plaintiff has suffered serious bodily injury including, but not limited to: a. L4 -5 bilateral pars fracture, L4 -5 and L5 -S1 disc herniations with stenosis and lumbar radiculitis requiring surgery to repair in the nature of a lumbar fusion on December 13, 2013; b. Limited range of motion in the lumbar spine; c. Low back pain; d. Radiating pain into bilateral legs and feet; e. Numbness and tingling in bilateral feet; f. Loss of sensation in bilateral feet; g. Neck pain; h. Limited range of motion in cervical spine; i. Mid back pain; ' j. Limited range of motion in mid back; k. Incontinence; and I. Sleeplessness due to pain. 13. That Plaintiff suffered bodily injuries, severe pain and suffering, work loss and the loss of life's pleasures in the past, present and into the future. 14. That the injuries to Plaintiff directly resulted from the negligence of the Defendant, REAL STARS TRUCKING LLC: a. Failed to properly supervise the driver of the vehicle. 3 r ' b. Failed to perform a sufficient background investigation of Sheldon S. Davis' driving skills before letting him use the vehicle. C. Failed to properly instruct Sheldon S. Davis as to proper safe driving techniques. e. Failed to maintain the vehicle in proper working condition. f. Failed to inquire of Sheldon S. Davis if he knew the applicable rules and regulations of the road at the time and place of the occurrence. 15. That the injuries to Plaintiff directly resulted from the negligence of the Defendant, SHELDON S. DAVIS: a. Failed to yield the right of way. b. Failed to maintain a proper lookout for other vehicles on the highway. C. Failed to divert his vehicle into an alternate path of travel in order to avoid the accident. d. Failed and omitted to be reasonably alert. e. Failed and omitted to use proper and adequate care when approaching an intersection. f. Failed and omitted to warn of his approach. g. Used the brakes of her vehicle in such a careless and negligent manner as to fail to slow down and /or stop his vehicle. h. Failed and omitted to make proper use of his vehicle's brakes, lights, steering, horn and other safety devices. 4 a i. In operating said vehicle at an unreasonable rate of speed under the circumstances and condition then and there prevailing. WHEREFORE, Plaintiff claims damages against the Defendants REAL STARS TRUCKING, LLC and SHELDON S. DAVIS for an unliquidated sum of damages in excess of the jurisdictional amount requiring arbitration in Cumberland County, plus interest, costs of suit and delay damages as may be recoverable under the Pennsylvania Rules of Civil Procedure. MICHAEL OPER . CELLINO & rreet RNES C. 451 Grider Buffalo, New York 14215 (716) 888 -8888 Pennsylvania I.D. No. 86799 Dated: February 3, 2014 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY i f 3 - Ronny R Anderson E �; Sheriff .�t5 a4 xtuither Jody S Smith (i ' �i \ 0 Chief Deputy Richard W Stewart Solicitor PENNSYLVANIA -Ox,. Dean U Chapman Case Number vs. Real Stars Trucking, LLC (et al.) 2014-853 SHERIFF'S RETURN OF SERVICE 02/18/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint& Notice upon the within named defendant, Real Stars Trucking, LLC, in the following manner: On February 18, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint& Notice to the defendant's last known address of 9611 N. US Highway 1, #257, Sebastian, FL 32958. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Brandi McCain adult in charge for Real Stars Trucking, LLC on February 21, 2014. 02/18/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant, Sheldon S Davis, in the following manner: On February 18, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint& Notice to the defendant's last known address of 921 Shadowmoss Drive, Winter Garden, FL 34787. The certified mail return receipt card was received by the Cumberland County Sheriff' s Office signed by Sheryl Davis adult in charge for Sheldon S Davis on February 28, 2014. SHERIFF COST: $57.87 SO ANSWERS, , f� March 07, 2014 RON0 R ANDERSON, SHERIFF h ate , ,. SENDER. CO^lf t.L 't tH'. stC:HON • Complete items 1,2,and 3.Also complete A• -1111111111.11111 item 4 if Restricted Delivery is desired. 0 Agent ❑Addressee • Print your name and address on the reverse C.Date of Delivery so that we can return the card to you. B. I eoeived y(Prin Name) • Attach this card to the back of the mailpiece, / VI . -2e^%t. or on the fce permits. �hc� D. Is del ery address different from item 1? ❑Yes ' 1. Article Add =< If YES,enter delivery address below: ❑No ' to: Sheldon S Davis 2 0/` - 921 S iadowmoss Drive o 1 — Winter Garden, FL 34787 3 Service Type ❑Certified Mail® ❑Priority Mail Express" ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number /y��r 7007 0710 0003 2210 3979 I s i is 1 Ti 1 t ! t _ 1 PS Form 3811,July 2013 Domestic Return Receipt • SENDEI S ,.,,,,, t't r r ,,, 7,f,.,, 1 ). , i , r..,,r.Di-LiVERY • Complete items 1,2,and 3.Also complete 4"` A - I� ie`1 item 4 if Restricted Delivery is desired. - �_ ent • Print your name and address on the reverse ` .� ❑Addressee so that we can return the card to you. B. -eceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, �"� n �.D/�' (1-� or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O Real Stars Trucking, LLC 9611 N. US Highway 1 01 f ' [ FM #257 • `ir Sebastian, FL 32958 3. Service'Type ❑Certified Mall® ❑Priority Mail Express' ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Article{'Jupger i i 7 0 710 0003 2 210 3986 malt ogro Ili 1 ! i I li i PS Form 8811',tza0 I 07) 0 3' ' . { Domeistic Return Receipt SALMON, RICCHEZZA, SINGER & TURCHI LLP By: Zachary J. Ballard, Esquire Attorney I.D. No.: 206177 1600 Market Street, Ste. 2500 Philadelphia, PA 19103 (215) 606-6600 Attorney for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis DEAN U CHAPMAN, PLAINTIFF, v. REAL STARS TRUCKING, LLC and SHELDON S. DAVIS, DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil No.: 14-853 JURY OF 12 DEMAND g x r- > v ENTRY OF APPEARANCE TO THE PROTHONOTARY: rzi - r Please enter the appearance of Zachary J. Ballard, Esquire, on behalf of Defendants, Real Stars Trucking, LLC and Sheldon S. Davis. Respectfully submitted, SALMON, RICCHEZZA, SINGER & TURCHI, LLP By: Dated: May 2, 2014 Z J. Ballard, Esquire A . - for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis {J0145891.DOC}1 SALMON, RICCHEZZA, SINGER & TURCHI LLP By: Zachary J. Ballard, Esquire Attorney I.D. No.: 206177 1600 Market Street, Ste. 2500 Philadelphia, PA 19103 (215) 606-6600 Attorney for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis DEAN U CHAPMAN, PLAINTIFF, v. REAL STARS TRUCKING, LLC and SHELDON S. DAVIS, DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil No.: 14-853 JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Real Stars Trucking, LLC and Sheldon S. Davis, hereby demand a jury trial in the above matter. Respectfully submitted, SALMON, RICCHEZZA, SINGER & TURCHI, LLP By: Dated: May 2, 2014 J. allard, Esquire y for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis {J0145891.DOC}2 CERTIFICATE OF SERVICE I, Zachary J. Ballard, Esquire, hereby certify that the foregoing Entry of Appearance and Demand for Jury Trial of Defendants was served this date upon all counsel and parties listed below, by electronic filing and United States regular mail, postage prepaid. Michael K. Cooper, Esquire Cellino & Barnes, P.C. 451 Grider Street Buffalo, NY 14215 Attorney for Plaintiff, Dean U. Chapman SALMON, RICCHEZZA, SINGER & TURCHI, LLP By: Dated: May 2, 2014 . Ballard, Esquire ey for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis {J0145891.DOC}3 2014 JUN 30 P1i 2: f*4 CUMBERLAND COUNTY PENNSYLVANIA To Plaintiff: You are hereby notified to plead to the enclosed New Matter and New Matter Cross-claim within twenty (20) days from the service hereof or a default judgment may be entered against you. Real Stars SALMON, RICCHEZZA, SINGER & TURCHI LLP By: Zachary J. Ballard, Esquire Attorney I.D. No.: 206177 1600 Market Street, Ste. 2500 Philadelphia, PA 19103 (215) 606-6600 ruc _ LC and Sheldon S. Davis Attorney for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis DEAN U CHAPMAN, PLAINTIFF, v. REAL STARS TRUCKING, LLC and SHELDON S. DAVIS, DEFENDANTS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil No.: 14-853 JURY OF 12 DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, REAL STARS TRUCKING, LLC AND SHELDON S. DAVIS TO PLAINTIFF'S COMPLAINT Defendants, Real Stars Trucking, LLC and Sheldon S. Davis (hereafter "Answering Defendants"), by and through its attorneys, Salmon, Ricchezza, Singer & Turchi, LLP, as and for its Answer to Plaintiff's Complaint (the "Complaint") with New Matter, states as follows: 1. Denied. After reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in this paragraph; as such, same are denied and strict proof thereof is demanded at time of trial. 2. Admitted. {J0146649.DOC} 1 3. Admitted in part; denied in part. It is only admitted that Answering Defendant, Real Stars Trucking maintains a place of business at 9611 N. U.S. Highway 1, #257, Sebastian, Florida 32958. The remainder of the allegations contained in this paragraph are conclusions of law to which no responsive pleading is necessary. To the extent these remaining allegations of this paragraph are deemed factual, same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 4. Admitted. 5. Denied. After reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in this paragraph; as such, same are denied and strict proof thereof is demanded at time of trial. 6. Denied. After reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in this paragraph; as such, same are denied and strict proof thereof is demanded at time of trial. 7. Denied. After reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth in this paragraph; as such, same are denied and strict proof thereof is demanded at time of trial. 8. Admitted. 9. Denied. After reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments set forth {J0146649.DOC} 2 in this paragraph; as such, same are denied and strict proof thereof is demanded at time of trial. 10. Admitted. 11. Denied. The allegations of this paragraph contain conclusions of law to which no responsive pleading is required. To the extent the allegations of this paragraph are factual same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 12. Denied. The allegations of this paragraph and its subparts contain conclusions of law to which no responsive pleading is required. To the extent the allegations of this paragraph and/or its subparts are factual same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 13. Denied. The allegations of this paragraph contain conclusions of law to which no responsive pleading is required. To the extent the allegations of this paragraph are factual same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 14. Denied. The allegations of this paragraph and its subparts contain conclusions of law to which no responsive pleading is required. To the extent the allegations of this paragraph and/or its subparts are factual same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. 15. Denied. The allegations of this paragraph and its subparts contain conclusions of law to which no responsive pleading is required. To the extent the allegations of this paragraph and/or its subparts are factual same are denied in accordance with Pa.R.C.P. 1029(e) and strict proof thereof is demanded at time of trial. {J0146649.DOC} 3 WHEREFORE, Answering Defendants demand judgment in its favor and against all parties with costs, interest and any other fees the Court deems appropriate. NEW MATTER — AFFIRMATIVE DEFENSES 16. Plaintiffs claims are barred because any alleged damages were proximately caused by negligent acts or omissions of third parties over whom Answering Defendants exercised no control and for whose conduct Answering Defendants bear no responsibility. Said acts or omissions intervened between the alleged acts and omissions of Answering Defendants, if any, and the accident alleged by Plaintiff and was the sole, direct, and proximate cause of Plaintiff s damages, if any. 17. Plaintiff's alleged damages, if any, were caused and brought about by intervening and superseding causes not caused by Answering Defendants. 18. Answering Defendants' conduct was not a substantial factor in contributing to Plaintiff's alleged damages. 19. Plaintiff's recovery of damages, if any, must be reduced as a result of Plaintiffs failure to mitigate his damages. 20. The accident, which is the subject of this lawsuit, was not the result of any negligence or carelessness on the part of Answering Defendants. 21. Plaintiff's claims are barred by the doctrines of Collateral Estoppel and Res Judicata. 22. Plaintiffs claims are barred by the doctrines of Estoppel and Waiver. 23. Plaintiffs claims are barred by such other facts, circumstances and/or principles of law as may be shown through investigation, discovery or trial of this matter. {J0146649.DOC} 4 24. Answering Defendants preserve all affirmative defenses that may apply against Plaintiff under the Pennsylvania Comparative Negligence Act. Further, Plaintiff's damages, if any, were caused or contributed to by Plaintiff's own negligence or fault, and Plaintiff's recovery, if any, should therefore be barred or diminished in accordance with applicable law. 25. Answering Defendants incorporate herein by reference and plead as affirmative defenses all of those defenses specified in Pennsylvania Rule of Civil Procedure 1030. WHEREFORE, Answering Defendants demand judgment in its favor and against all parties with costs, interest and any other fees the Court deems appropriate. Respectfully submitted, SALMON, RICCHEZZA, SINGER & TURCHI, LLP y .: allard, Esquire Attorney for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis By: Dated: June 27, 2014 {J0146649.DOC} 5 .7 14 07:49a Realstars Trucking JUN. 27 2014 9:38AM SALMON RICCHEZZA 8602420457 p.1 NO. 937 P. 2 VERIFICATION 1, Sheldon. S_ Davis, hereby state that I am the owner of Real Stars Trucking, LLC and that 1 am authorized to make this Verification on its behalf; that 1 am familiar with the facts set forth in the foregoing Answer with New Matter to Plaintiffs Complaint that the same are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities_ Sheldon S. Davis Dated: June 2014 (.10150992.DOC) CERTIFICATE OF SERVICE I, Zachary J. Ballard, Esquire, hereby certify that the foregoing Answer with New Matter of Defendants, Real Stars Trucking, LLC and Sheldon S. Davis to Plaintiff's Complaint was served this date upon all counsel and parties listed below by United States regular mail, postage prepaid. Michael K. Cooper, Esquire Cellino & Barnes, P.C. 451 Grider Street Buffalo, NY 14215 Attorney for Plaintiff, Dean U. Chapman SALMON, RICCHEZZA, SINGER & TURCHI, LLP Bv: Dated: June 27, 2014 Zachar : allard, Esquire Attorney for Defendants, Real Stars Trucking, LLC and Sheldon S. Davis {J0146649.DOC} - 7 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW DEAN U. CHAPMAN Plaintiff VS. Civil No. 14-853 REAL STARS TRUCKING, LLC SHELDON S. DAVIS Defendants PRAECIPE TO THE PROTHONOTARY, CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above captioned case "discontinued, settled and ended." Dated: October 21, 2014 Michael J. Esq. Michael J. Coer, Esq. Cellino & Barnes, P.C. 451 Grider Street Buffalo, New York 14202 I.D. No.: 86799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW DEAN U. CHAPMAN Plaintiff vs. Civil No. 14-853 REAL STARS TRUCKING, LLC SHELDON S. DAVIS Defendants PRAECIPE Filed on behalf of Plaintiff Counsel of Record for this Party: Michael J. Cooper, Esq. Cellino & Barnes, P.C. 451 Grider Street Buffalo, New York 14215 I.D. No.: 86799 Representative for Adverse Parties: Zachary Ballard, Esq. Salmon, Ricchezza, Singer & Turchi 1601 Market Street, Suite 2500 Philadelphia, PA 19103 Dated: October 21, 2014 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe was sent via United States Postal Service, first class mail, postage prepaid, on the 21st day of October 2014 to: Zachary Ballard, Esq. Salmon, Ricchezza, Singer & Turchi 1601 Market Street, Suite 2500 Philadelphia, PA 19103