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HomeMy WebLinkAbout05-5516 ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS A. STARR, JR. P.O. BOX 80 Dillsburg, PA 17019 No OS - S:.l:tL C; l>lLT 82-"",- Civil Action - (XX) Law ( ) Equity COMCAR INDUSTRIES. INC. 111 Havendale Blvd., P.O. Box 67 Auburndale, FL 33823 and WilLIS SHAW EXPRESS. INC. 201 N. Elm Street P.O. Box 188 Elm Springs, AK 72728 and ALONZO HARRIS 3719 Hwy 261 Colt, AR 72326 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. ':'" L Writ of Summons Shall be issued and forwarded to ( David H Rosenberq, Esquire 1300 Linqlestown Road Harrisburq. PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney Date: 10/20/05 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S HAS/HAVE C MENCED AN ACTION AGAINST YOU. Date (X3 ;;2'-1, ;:)~ Pr by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 (":) ~ 7V VI. ,"', -I' 9 ^ __1 it it U\ (--"', U{ ....... C> - ~ ~ }J ~ 8 ...0 -- ), ...c . d L..j 1:: c J:- f' 0~ j RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Johnna M. Darby Identification No.: 94492 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 THOMAS A. STARR, JR., Attorneys for Defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. CIVIL ACTION NO: 05-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon plaintiff to file a complaint within twenty (20) days of service hereof upon penalty of non pros. LLP By: / //~/)~O~ ary N. Stewart, Esquire Attorney for Defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris Dated: RULE TO FILE COMPLAINT AND NOW this lis, -J.l...day of ./L)OO. ,2005, a rule is entered upon plaintiffs to file a 1230370 v.I J CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing praecipe for rule to file complaint by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: David H. Rosenberg, Esquire 1300 Linglestwon Road Harrisburg, P A 1711 0 N LLP Dated:/ /----1 ~ b 5' 1230370 v. I (") -n .-, f}~~ C", r.:) .' .l t'f1 (,'J -..l " RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Johnna M. Darby Identification No.: 94492 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris THOMAS A. STARR, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. CIVIL ACTION NO: 05-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris, in the above-referenced matter. RA20N CU' By: Gary N. Stewart, Esquire Johnna M. Darby, Esquire Attorney for Defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris / /J~'~ O~ Date: -/,)--- 1230370 v.I ( CERTIFICATE OF SERVICE I hereby certjfy 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: David H. Rosenberg, Esquire 1300 Unglestwon Road Harrisburg, PA 17110 1 ) ..- .-- Dated:);--- /:5 ---0 J 1230370 v.l r-' ,.--" ~"::) ~\ ~I" -'~,:~ -~' . -.- --- 0'" c;, - SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2005-05516 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STARR THOMAS A JR VS. COM CAR INDUSTRIES INC ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HARRIS ALONZO by United States Certified Mail postage prepaid, on the 27th day of October ,2005 at 0000:00 HOURS, at 3719 HWY 261 COLT, AR 72326 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by PATRICIA LUCAS 11/02/2005 on Additional Comments: Docketing Cert Mail Affidavit Surcharge 6.00 4.42 .00 10.00 .00 20.42 So answe;::&7 . .--_-:::::r~ .__- _ /t?~ . ~-;;;.,: ... - ! R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by HANDLER HENNING ROSENBERG on 11/09/2005 . Sworn and sUbscri~ to ~efore this It..t~ day of OVefY\W ;:l>0S'" A. D. ~ otho y '1 me . Complete ttems 1. 2. and 3. Also comp!8te ttem 4 n Restricle\f Delivery's deslr8d. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mellplece. or on the front n space permits. 1. ArtIcle Ad_ed to: Alonzo Harris 3719 Hwy 261 Colt, AR 72326 b'f ("""Lv Nome) \\ I c.t 0... \I CtL.S D. Ia do/Iwoy _ _ ftom !tom 11 n YES, enter delIvery add.... below: 3. ServIce'l\lpe Xlkenmed MsII [J Exprooo MsII [J Roglstorod [J Return Receipt for MorchandIso o Insured Mall 0 C.O.D. 4. Restricted DelIvery? (Extra Foo) 0 Yes 7004 1350 0003 7147 5531 05-5516 civil PS Fonn 3811. August 2001 _ A8tUrh'ROcoIi>I 102595-02-M-1540 . SHERIFF'S RETURN - U.S. CERTIFIED ~ffiIL CASE NO: 2005-05516 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STARR THOMAS A JR VS. COM CAR INDUSTRIES INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,COMCAR INDUSTRIES INC by United States Certified Mail postage prepaid, on the 27th day of October ,2005 at 0000:00 HOURS, at III HAVENDALE BLVD POBOX 67 AUBURNDALE, FL 33823 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE NOT LEGIBLE 10/31/2005 on Additional Comments: Docketing Cert Mail Postage Surcharge 18.00 4.42 .37 10.00 .00 32.79 So an~~s:~ --- --~'-;> ...--- .~----- ~~~4~ R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by HANDLER HENNING ROSENBERG on 11/09/2005 . Sworn this ?JJOr; and subscribed to before \(,A\.- day of A)IlVUn W AD~ p4~n 'a; me . Compllfle It8ms 1. 2. and 3. AiSO compiet8 Item 4 n Restricted DelI.-y Is desIred. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mallplece. or on the front n space pennlts. 1. ArtIcle Addressed to: ~ ~~~:: .,.',.", , 3. ServIce ~ ,. CertIfIed Mall [] Exprees Mall [] RegIslered [] Return R_pt for MerohandI.O D. Insured Mall D C.O.D. 4. Restricted DelIvery? (Bdta Foe) [] Ve. 7004 1350 0003 7147 5517 05-5516 civil PS Fonn 3811. August 2001 Domestic Roturn RocoIpt "r. 102595-02.M.1540 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2005-05516 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STARR THOMAS A JR VS. COMCAR INDUSTRIES INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SHAW WILLIS EXPRESS INC by United States Certified Mail postage prepaid, on the 27th day of October ,2005 at 0000:00 HOURS, at 201 N ELM STREET POBOX 188 ELM SPRINGS, AK 72728 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by GORDON SLAUGHTER 11/01/2005 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 4.42 .00 10.00 .00 20.42 So ans",,,,r,,,,: ....--/ ..... .. c------ .~~~~~. ~~ T~~mas Klin; Sheriff of Cumberland County Paid by HANDLER HENNING ROSENBERG on 11/09/2005 . Sworn and sUbscriRfd toLbefore tp,is, /Iof~ day of DVU'f\fH.1 ;)l}:)) . A. D . ,r{j.t:lfiGi!; me . Complete ttems 1. 2. and 3. Also complete Item 4 W Restricted DeliveIy Is desired. . Print your name and address on tha revarse so that we can retum tha card to you. . Attach this card to the back of the mallplece. or on the front if space permits. 1. Article Addroned to: Willis Shaw Express Inc 201 N. Elm Street ro Box 188 Elm Springs, AI< 72728 3. -lW>e XJ@i CertlIIed Moll [J Expreoo MOil [J RegIstered [J Rotum Receipt fer MerchllndIso [J Insured MlliI [J C.O.D. 4. Restricted Oelivery? (8cf1a Fee) [J Yes PS Form 3811. August 2001 7004 1350 0003 7147 5524 Domestic Return Receipt 102595-02-Af.1540 05-5516 civil THOMAS A. STARR, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants CIVIL ACTION - ILAW NOTICE 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 attorney and filing 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 judgment 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990..9108 HANDLER, HENNING & ROSENBERG, LLP By David osenberg. Esq. 1.0.# 569 1300 Linglestown Road Harrisbur~l, PA 17110 (717) 238-2000 Attorney for Plaintiff F:\WP DirectoriesWFL\complaints\mva\lose wheel\starr.wpd THOMAS A. STARR, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Thomas A. Starr, Jr.. by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP. by David H Hosenberg, Esq.. and makes the within Complaint againstthe Defendants, Comcar Industries, Inc.. Willis Shaw Express, Inc. and Alonzo Harris. and avers as follows: 1. Plaintiff. Thomas A. Starr. Jr., is an adult individual currently residing at P.O. Box 80, Dillsburg. York County, Pennsylvania 17019. 2. Defendant. Alonzo Harris, is an adult individual currently residing at 3719 Highway 261. Colt. Arizona. 72326. 3. Defendant, Willis Shaw Express. Inc., is a corporation currently doing business at 201 North Elm Street, P.O. Box 188. Elm Springs. Arkansas 72728. Defendant. Willis Shaw Express. Inc., regularly conducts business within the Commonwealth of Pennsylvania. 4. Defendant. Comcar Industries. Inc.. is a corporaltion currently doing business at 111 Havendale Boulevard. P.O. Box 67, Auburndale. Florida 33823. Defendant, Comcar Industries. Inc.. regularly conducts business within the Commonwealth of Pennsylvania. 5. At all times material hereto, Defendant. Willis Shaw Express, Inc., was a subsidiary of Defendant. Comcar Industries. Inc. 6. At all times material hereto. Defendant, Alonzo Harris, was an agent, servant, and/or employee of Defendant. Willis Shaw Express, Inc.. and was acting within the scope of said employment. 7. At all times material hereto. Defendant. Alonzo Harris. was an agent, servant. and/or employee of Defendant, Comcar Industries, Inc., and was acting within the scope of said employment. 8. At all times material hereto. Plaintiff, Thomas A. Starr, Jr.. was insured by Geico Insurance Company. Said policy included the full tort option pursuant to 75 Pa. C.SA ~ 1705. 9. At all times material hereto. Plaintiff. Thomas A Starr, Jr., was the operator of a commercial van (hereinafter, "Plaintiffs vehicle"). 10. At all times material hereto. Plaintiffs vehicle was owned by his employer, Point Springs & Driveshaft company. 11. At all times material hereto, Defendant, Alonzo Harris. was the operator of a 1999 Volvo truck. bearing Idaho registration number AE 4691 (hereinafter, "Defendant's vehicle"). 12. At all times material hereto. Defendant's vehicle was owned by his employer, Willis Shaw Express, Inc. and/or Comcar Industries. Inc. 2 13. At all times material hereto. there were. the weather condition was rainy and the road condition was wet. 14. On or about November 6. 2003, at about 1 :50 p.m., Plaintiffs vehicle was traveling northbound on Interstate 81 in Southampton Township, Franklin County, Pennsylvania. 15. On or about November 6, 2003, at about 1 :50 p.m., Defendant. Alonzo Harris. was traveling southbound on Interstate 81 in Southampton Township. Franklin County. Pennsylvania. 16. At approximately the same time and place. Defendant's vehicle lost its dual wheels from the left side rear of the trailer. 17. At approximately the same time and place. the wheels traveled across the median and violently struck Plaintiff's driver's side door. 18. As a direct and proximate result of Defendant's wheels negligently falling off of Defendant's truck, Plaintiffs vehicle swung counter clockwise, coming to a final rest in the median facing south. 19. As a direct and proximate result of the negligence of the Defendants, Comcar Industries. Inc., Willis Shaw Express. Inc. and Alonzo Harris. Plaintiff. Thomas A. Starr. Jr.. sustained extensive injuries as set forth more specifically be,low. COUNT I - NEGLIGENCE THOMAS A. STARR. JR. v. ALONZO HARRIS 20. Paragraphs 1-19 are incorporated herein as if set forth at length. 3 21. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Thomas A. Starr, Jr.. were caused directly and proximately by the negligence of Defendant, Alonzo Harris, generally and more specifically as set forth below: (a) In failing to properly and timely inspect, maintain, and correct the dangerous condition of Defendant's vehicle; (b) In failing to properly and timely mend and/or make repairs/adjustments to said dangerous condition of Defendant's vehicle; (c) In allowing its truck to be operated when it had worn out/burned up bearings at the hub; (d) In allowing Defendant's vehicle to be operated when it had worn out/burned up bearings at the hub; (e) In permitting Defendant's vehicle to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Transportation regulations. in violation of 75 Pa. C.SA S 41 07(b)(2); (f) In failing to properly inspect, maintain and replace the worn out/burned up bearings at the hub; (g) In failing to operate Defendant's vehiclle at a speed that was safe for existing conditions, in violation of 75 Pa. C.SA S 3361; (h) In failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; 4 (i) In operating Defendant's vehicle when it was in a such a condition as it was likely it would cause an accident. in violation of Federal Motor Carrier Safety Regulations S 396.7(a); U) In failing to concern himself with the inspection and/or maintenance of Defendant's vehicle, in violation of Federal Motor Carrier Safety Regulations S 396.1; (k) I n failing to systematically inspect. repair and maintain, or cause to be systematically inspected, repaired and maintained. Defendant's vehicle that was under his control. in violation of Federal Motor Carrier Safety Regulations S 396.3(a)(1); (I) In operating a commercial motor vehicle without satisfying himself that the worn out/burned up bearings at the hub were in good working order, in violation of Federal Motor Carrier Safety Regulations S 392.7; (m) In failing to have knowledge of and comply with the Federal Motor Carrier Safety Regulations, in violation of Federal Motor Carrier Safety Regulations S 390.3(e)(2)-(3); and (n) In otherwise violating the laws. statulles, and regulations of the Commonwealth of Pennsylvania regarding the maintenance of Defendant's trucks. 5 22. As a direct and proximate result of the negli!lenCe of Defendant, Alonzo Harris. the Plaintiff, Thomas A. Starr, Jr., sustained serious personal injuries including. but not limited to. a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 23. As a direct and proximate result of the negli!lence of Defendant. Alonzo Harris, the Plaintiff. Thomas A. Starr, Jr., has been, and will in the future be, hindered from performing his daily duties and chores. to his great loss, humiliation and embarrassment. 24. As a direct and proximate result of the negli~lence of Defendant, Alonzo Harris. the Plaintiff. Thomas A. Starr, Jr.. has suffered lost wages and will in the future continue to suffer a loss of income andlor loss of earning capacity. 25. As a direct and proximate result of the negli~lence of Defendant. Alonzo Harris, the Plaintiff. Thomas A. Starr. Jr.. has suffered great physical pain. discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future. to his great physical, emotional and financial detriment and loss. 26. As a direct and proximate result of the negli~lence of Defendant, Alonzo Harris, the Plaintiff. Thomas A. Starr. Jr., has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to his great detriment and loss. 27. As a direct and proximate result of the negli~lence of Defendant, Alonzo Harris. the Plaintiff. Thomas A. Starr. Jr.. has suffered a loss of life's pleasures and he will continue to suffer the same in the future. to his great detriml3nt and loss. 28. Plaintiff. Thomas A. Starr, Jr.. believes and. therefore, avers that his injuries are permanent and serious in nature. 6 WHEREFORE. Plaintiff, Thomas A. Starr, Jr.. seeks damages from the Defendant, Alonzo Harris. in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY THOMAS A. STARR. JR. v. WILLIS SHAW EXPRESS. INC. 29. Paragraphs 1-28 are incorporated herein as if set forth at length. 30. At all times material to this action. Defendant. Alonzo Harris. was an agent. servant, and/or employee of Defendant, Willis Shaw Express, Inc. 31. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff. Thomas A. Starr. Jr., were caused directly and proximately by the negligence of Defendant, Willis Shaw Express. Inc., generally and more specifically as set forth below: (a) In allowing and/or requiring Defendant. Alonzo Harris. to operate the aforesaid vehicle on its behalf when it knew or reasonably should have known that he was an inexperienGed, unlicensed. unqualified, unsafe, unfit. tired and/or careless drivEir; (b) In failing to establish proper policies, procedures and/or standards to determine whether its potential or actual agents. servants. workers. contractors, sub-contractors and/or employees. such as Defendant, Alonzo Harris. were fit and capable of properly performing the requirements of their respective employment; 7 (c) In establishing improper and/or unsafe policies. procedures and/or standards with regard to the number of hours worked by its agents, servants. workers. contractors. sub-contractors and/or employees such as Defendant, Alonzo Harris; (d) In establishing improper and/or unsafe policies. procedures and/or standards with regard to the conditions and circumstances under which its agents, servants, workers, contractors, sub-contractors and/or employees. such as Defendant, Alonzo Harris. were permitted to drive a vehicle on Defendant's behalf; (e) In allowing and/or requiring Defendant. Alonzo Harris. to operate the aforesaid vehicle with a gross vehicle weight in excess of the prescribed and/or legal limit; (f) In establishing improper andlor unsafe policies, procedures and/or standards with regard to the gross vehiele weight of trucks operated by its agents. servants. workers, contractors, sub-contractors and/or employees such as Defendant, Alonzo Harris; (g) In allowing its truck to be operated when it had worn out/burned up bearings at the hub; (h) In permitting its truck to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Trans- portation regulations. in violation of 75 Pa. C.S.A. S 4107(b)(2); (i) In failing to properly inspect. maintain and repair the worn out/burned up bearings at the hub; 8 U) In allowing its vehicle to be operated when it was in a such a condition as it was likely it would cause an accident, in violation of Federal Motor Carrier Safety Regulations 9 396.7(a); (k) In failing to concern itself with the inspection and/or maintenance of its vehicle, in violation of Federal Motor Carrier Safety Regulations 9 396.1; (I) In failing to systematically inspect, repair and maintain. or cause to be systematically inspected, repaired and maintained. its vehicle that was under its employee's control. in violation of Federal Motor Carrier Safety Regulations 9 396.3(a)(1); and (m) In failing to have knowledge of and comply with the Federal Motor Carrier Safety Regulations, in violation of Federal Motor Carrier Safety Regulations 9 390.3(e)(1). 32. The aforementioned negligent. careless, and/or reckless conduct of Defendant. Alonzo Harris. occurred while acting in and upon the business of Defendant, Willis Shaw Express. Inc.. and within the course and scope of his employment with said Defendant. 33. Defendant, Willis Shaw Express, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Thomas A. Starr. .Jr.. which include. but are not limited to. a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 9 34. As a direct and proximate result of the neglig<ence of Defendant, Plaintiff, Thomas A. Starr, Jr.. has suffered great physical pain. discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future. to his great physical. emotional. and financial detriment and loss. 35. As a direct and proximate result of the neglig,ence of Defendant, Plaintiff, Thomas A. Starr. Jr.. has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 36. As a direct and proximate result of the negligIence of Defendant. Plaintiff, Thomas A. Starr. Jr.. has been compelled, in order to eff,ect a cure for the aforesaid injuries. to spend money for medicine andlor medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 37. As a direct and proximate result of the negligence of Defendant. Plaintiff, Thomas A. Starr. Jr.. has been. and probably will in the futurE! be, hindered from attending to his daily duties. to his great detriment. loss. humiliation. and embarrassment. 38. As a direct and proximate result of the negligence of Defendant, Plaintiff, Thomas A. Starr. Jr.. has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 39. Plaintiff, Thomas A. Starr. Jr., believes and, therefore, avers that his injuries are serious and permanent in nature. 40. Defendant is vicariously liable forthe great physical, emotional, and financial loss Plaintiff, Thomas A. Starr. Jr., has suffered and will continue to endure for an indefinite period of time in the future. 10 41. Defendant is vicariously liable for the expenses Plaintiff. Thomas A. Starr, Jr., has been compelled. in order to effect a cure for the aforesaid injuries. to spend for medicine and/or medical attention. and will be required to expend money for the same purposes in the future. to his great detriment and loss. 42. Defendant is vicariously liableforthe considerable amount of wages Plaintiff. Thomas A. Starr. Jr., has lost and the future loss of income and/or loss of earning capacity that will be sustained. 43. Defendant is vicariously liable for hindering Plaintiff. Thomas A. Starr, Jr., from attending to his daily duties, to his great detriment. loss. humiliation. and embarrassment. 44. Defendant is vicariously liable for the great detriment and loss Plaintiff. Thomas A. Starr. Jr.. has suffered and will continue to suffer, from losing life's pleasures. 45. Plaintiff, Thomas A. Starr, Jr., believes and, thmefore. avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff. Thomas A. Starr, Jr., seeks damages from Defendant. Willis Shaw Express. Inc.. in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT III - VICARIOUS LIABILITY THOMAS A. STARR. JR. v. COMCAR INDUSTRIES. INC. 46. Paragraphs 1-45 are incorporated herein as if set forth at length. 11 47. At all times material to this action, Defendant. Alonzo Harris, was an agent, servant, and/or employee of Defendant. Comcar Industries, Inc. 48. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff. Thomas A. Starr, Jr., were caused directly and proximately by the negligence of Defendant, Comcar Industries, Inc.. generally and more specifically as set forth below: (a) In allowing and/or requiring Defendant. Alonzo Harris, to operate the aforesaid vehicle on its behalf when it knew or reasonably should have known that he was an inexperienced. unlicensed. unqualified, unsafe. unfit. tired and/or careless driver; (b) In failing to establish proper policies, procedures and/or standards to determine whether its potential or actual agents, servants, workers, contractors, sub-contractors and/or employees. such as Defendant, Alonzo Harris. were fit and capable of properly performing the requirements of their respective employment; (c) In establishing improper and/or unsafe policies, procedures and/or standards with regard to the number of hours worked by its agents, servants. workers, contractors. sub-contractors and/or employees such as Defendant, Alonzo Harris; (d) In establishing improper and/or unsafe policies. procedures and/or standards with regard to the conditions and circumstances under which its agents. servants. workers. contractors. sub-contractors 12 and/or employees, such as Defendant, Alonzo Harris, were permitted to drive a vehicle on Defendant's behalf; (e) In allowing and/or requiring Defendanlt. Alonzo Harris, to operate the aforesaid vehicle with a gross vehicle weight in excess of the prescribed and/or legal limit; (f) In establishing improper and/or unsafe policies, procedures and/or standards with regard to the gross vehide weight of trucks operated by its agents, servants. workers. contractors. sub-contractors and/or employees such as Defendant, Alonzo Harris; (g) In allowing its truck to be operated when it had worn out/burned up bearings at the hub; (h) In permitting its truck to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Trans- portation regulations. in violation of 75 Pa. C.SA S 4107(b)(2); and (i) In failing to properly inspect, maintain and repair the worn out/burned up bearings at the hub; U) In allowing its vehicle to be operated when it was in a such a condition as it was likely it would cause an accident. in violation of Federal Motor Carrier Safety Regulations S 396.7(a); (k) In failing to concern itself with the inspection andlor maintenance of its vehicle, in violation of Federal Motor Carrier Safety Regulations S 396.1; 13 (I) In failing to systematically inspect, repair and maintain, orcause to be systematically inspected, repaired and maintained. its vehicle that was under its employee's control, in violation of Federal Motor Carrier Safety Regulations 9 396.3(a)(1); and (m) In failing to have knowledge of and comply with the Federal Motor Carrier Safety Regulations. in violation of Federal Motor Carrier Safety Regulations 9 390.3(e)(1). 49. The aforementioned negligent. careless. and/or reckless conduct of Defendant, Alonzo Harris, occurred while acting in and upon the business of Defendant, Comcar Industries, Inc.. and within the course and scope of his employment with said Defendant. 50. Defendant. Comcar Industries. Inc.. is vicariously liable forthe extensive and personal injuries suffered by Plaintiff. Thomas A. Starr, Jr., which include, but are not limited to, a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 51. As a direct and proximate result of the negligence of Defendant, Plaintiff, Thomas A. Starr, Jr., has suffered great physical pain. discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical. emotional. and financial detriment and loss. 52. As a direct and proximate result of the neglig'ence of Defendant, Plaintiff, Thomas A. Starr. Jr.. has suffered lost wages and will in the future continue to suffer a loss of income andlor loss of earning capacity. 14 53. As a direct and proximate result of the neglig1ence of Defendant, Plaintiff, Thomas A. Starr. Jr., has been compelled. in order to effl3ct a cure for the aforesaid injuries. to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future. to his great detriment and loss. 54. As a direct and proximate result of the neglig,ence of Defendant. Plaintiff, Thomas A. Starr, Jr., has been. and probably will in the future be, hindered from attending to his daily duties. to his great detriment, loss, humiliation, and embarrassment. 55. As a direct and proximate result of the negligence of Defendant, Plaintiff, Thomas A. Starr. Jr.. has suffered a loss of life's pleasures. and will continue to endure the same in the future, to his great detriment and loss. 56. Plaintiff. Thomas A. Starr, Jr., believes and. thEirefore. avers that his injuries are serious and permanent in nature. 57. Defendant is vicariously liable for the great physical. emotional, and financial loss Plaintiff. Thomas A. Starr. Jr.. has suffered and will continue to endure for an indefinite period of time in the future. 58. Defendant is vicariously liableforthe expenses Plaintiff, Thomas A. Starr. Jr., has been compelled. in order to effect a cure for the aforesaid injuries, to spend for medicine and/or medical attention. and will be required to 13xpend money for the same purposes in the future. to his great detriment and loss. 59. Defendant is vicariously liable forthe considerable amount of wages Plaintiff. Thomas A. Starr. Jr.. has lost and the future loss of income and/or loss of earning capacity that will be sustained. 15 60. Defendant is vicariously liable for hindering Plaintiff, Thomas A. Starr, Jr.. from attending to his daily duties. to his great detriment. loss, humiliation, and embarrassment. 61. Defendant is vicariously liable for the great detriment and loss Plaintiff, Thomas A. Starr. Jr.. has suffered and will continue to suffer. from losing life's pleasures. 62. Plaintiff, Thomas A. Starr, Jr., believes and. therefore. avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff. Thomas A. Starr. Jr.. seeks damages from Defendant. Comcar Industries. Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted. HANDLER, HENNING & ROSENBERG, LLP Date: 1;2~l.o"07 By: David Rosenberg, Esquire Attor ey I.D.. # 20569 1390 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 16 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~o -- / c.......-~ Thomas A. Starr, Jr. c.:::;:- Date: I / - ;J.. 0 -(5 D THOMAS A. STARR, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants : CIVIL ACTION - ILAW CERTIFICATE OF SERVICE On the 20th day of December, 2005, I hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by depositing in U.S. Mail; Johnna M. Darby, Esq. Rawle & Henderson, LLP 25 North Front Street, 1 st Floor Harrisburg, PA 17101 Respectfully submitted, Id/~o- DATE HANDLER, HENNING & ROSENBERG, LLP l' Davl H senberg, Esquire I.D. #20 69 1300 nglestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Plaintiff o "1. r' :-.1 ~) 01 '^<> N '- C) CO RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Johnna M. Darby Identification No.: 94492 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendants, Corncar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris THOMAS A. STARR, JR., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. CIVIL ACTION NO: 05-5516 COM CAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants. NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.c. & 1446(d) TO THE CLERK OF THE COURT: Pursuant to 28 D.S.C. 9 1446(d), defendants Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris file herewith a copy of the Notice of Removal of Action which has been filed in the United States District Court for the Middle District of Pennsylvania on January 5, 2006. Dated: l/Lt Ie 0 RA WlJi & HENDERSON LLP I,.l ./ . By:\< .' j Gary N. Ste art, squire Johnna M. Darby~ Esquire Attorneys for Dete~ L Comcar Industries, Inc., . Willis Shaw Express, and Alonzo Harris -- 1246236 v.I ~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within-captioned Notice of Removal Pursuant to 28 U.S.C. S1446( d) was served via first-class mail, postage prepaid, on the following: David H. Rosenberg, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff RA WLE & HENDERSON LLP (<c:k ({ {(J!?0.~D7 (/2{1 Gary N. Stewart, Esquire 1 Johnna M. Darby, E~L-~1--~ " / ( Dated: If {j /{ 0 1246236 v.l . --- -- EXHIBIT" A" .- - ---_..-'"!-.. ~_.. .. ------ CIVIL COVER SHEET ~ JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided ocal rules of court This form, approved by the Judicial Conference 09f the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating civil dOcKet !'heet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM,) 3) PLAINTIFFS Thomas A. Starr, Jr. DEFENDANTS Com Car Industries, Inc., Willis Shaw Express. Inc. and Alonzo Harris b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cumbe.r1af1d (EXCEPT IN us. PLAINTIFF CASESl c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) COUNTY OF RESIDENCE OF FiRST LISTED DEFENDANT (IN u.s. PLAINTIFF CASES ONLY) - NOTE' IN LAND CONDEMNATION CAses, USE THE lOCATION OF THE TRACT OF LAND INVOLVED ATTORNEYS (IF KNOWN) Gary N. Stewart. Esq. David H. Rosenberg, Esquire -{andler, Henning & Rosenberg LLP. 300 Linglestown Rd., Harrisburg, PA 17110 717) 238-2000 Rawle & Henderson, LLP 25 N. Front SI., 1" Fir. Harrisburg, PA 17101 (717) 234-7700 (PLACE AN "X" IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES For diversity cases only (PLACE AN 'X" IN ONE BOX FOR PLAINFIFF AND ONE BOX FOR DEFENDAND BASIS OF JURISDICTION ] 1. U.S. Government 0 3. Plaintiff Federal Question {U.S. Government Not a Party) Original Proceeding 1812 Removed from S\aleCol.lrl [J3 Remanded from Appellate Court 04 Reinstatedor Reopened prF DEF prF OEF Citizen ofTllisSlale IllII 01 Incorporated or Principal Place of 0' 0' 8usiness inlf1is State Citizen ofAnolllerState 02 02 Incorporated or Principal P~ace of 05 1!l5 Business in Another State CitizenorSubjectofa 03 03 Foreign Nalion 0' 0' ForeinnCounirv App.alto DI.tric;t D 5 Transferreolrom o 6 MullidistJicl 07 Judge from Magistrate anotherdistrid(Specify) Utigatlon Judgment ] 2. U,S. Government Defendant [8J 4. Diversity (Indicate Citizenship of Parties in Item III) ORIGIN (PLACE AN "X" IN ONE BOX ONLY) NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY) CONTRACT TORTS FORFEITUREI BANKRUPTCY OTHER STATUTES PENALTY Olflsurance PERSONAL 'NJURY PERSONAL INJURY oS10Agricultu,-. 0422 Appeal 28 USC 158 0400 State R...pportionment o Marine 0310 Airpla"e 0362 P.rsonlllnjury.. 0620 Other Food&Ol1Jg 0423 Withdrawal 28 USC 157 0410 Antitrus.t 0315 AkplaM ProGuct Med Malprlctlc:. 0625 Drug Related Seizure 0430 Ba.nks and Banking o Miller Act LIability 0365 Pusonll Injury.. of Property 21, use 881 0450 CommercellCC Ratul~(;. o NeyctiiIDle Instrumanl 0320 Asnult, Llb.1 & Product Liability 0630 Liquor Laws PROPERTY RIGHTS 0460 Deportation QRecovery of OI/9rf1ayrnent Slander 0368 Asbestos Personal 0640 R.R. & Truck 0820 Copyrights 0470 Rleketeer Influenced. and EnforcemenlofJudgment 0330F.deral Injury Product LIability 1 Medicare Act Employ.r'5Liability 0660 AirflM RIgs 0830 Patent Corrupt Organizations 2 Recovery of Defaulled 0340 Marine OOcc:upational 0840 Trademar1l 0810 Sel.ctive Servie. PERSONAL PROPERTY Sa'ety/Hulth 0850 S.curitiesJCommoclitiul .JdentLoans(Exc. Veterans) 0346 Marin. Product 0370 Olher Fraud Exchange 3 Recovery 01 Overpayment Liability 037i Trulhinlending SOCIAL SECURITY 0876 Custom.r Challenge 12 Veteran's8enefits LABOR 181350 Motor Vehicle USC3410 Q Stockholder'sSuits 0380 Otl1er Personal 0355 Motor Vehicle Property Damage 0710 Fair Labor Standards 0861HIA(1395FF) 0891 Agricl.llturalActs J Otl1erContract Product Liability 0385 Property Damage A" 0862 Bla(;k Lung (923) 0892 Ec;onomic Stabilization Act 5 ContraCI Product Liability 0360 Other Person,l ProduclLiability 0720 Labor/M;mt, Rela.tions Injurv 0863 DIWCfDIWW (405(g)) 0893 Elwironmental Matters 0730 LaborlMgmt. 0864 SSID Titl. XVI 0894 EtlerlilY Alloution Aet REAL PROPERTY CIVIL RIGHTS PRISONER Reporting & Disclosure Act PETITIONS 0740 Railway Labor Ac;t 0865RIS{405(g)) 0895 Freedom of Information Act 0790 Other Labor Litigation 0900 Appeal of F.. Determjn~tion Oland Col'\demnation 0441 Voting 0510 Motions to Vacat. FEDERAL TAX SUITS Under Equal Acces. to Justice o Forec;losu,-. 0442 Employment Stlnhnn 0791 Empl. Ret. Inc;. 0960 Constitutionality of 0443 Housingl HABEAS CORPUS: Security Act Stat. Statutu o Rent L.ase & Ejectment DS70 Taus IU.5. P'Iilintiff o Torts to L.and Acc;ommodations DUO GeMral orOefendantj 0890 Other Statutory Actions 5 Tort Product LiabiUty 0444 Welfare 0635 O."tn Penalty Q871IRS _ Third Party o All Oth.r Rul Property 0440 Other Civil Rights 0540 Mandamus & Other 26 USC7609 0550CivilR.l;hts CAUSE OF ACTION (CITE THE U.S. CIVIL STATURE UNDER WHICH YOU ARE FILING AND WRITE RIEF STATEMENT OF CAUSE) U.S.C. 1332 & 1446(d) - pendina removal REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint COMPLAINT: UNDER F.R.C.P.23 JURY DEMAND: I8'lYES o NO RELATED CASE(S) IF ANY I ~OCKETNUMBER (See Instructions): JUDGE :; 1/5/06 SIGNATURE OF ATTOR.NEY OF RECORD OFFICE use ONLY ::IP1. A.MOUNT $ APPLYING IFP JUDGe MAG. JUOGE IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA THOMAS A. STARR, JR., Plaintiff, CIVIL ACTION NO: v. COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants. NOTICE OF REMOVAL To the Honorable Judges in the United States District Court for the Middle District of Pennsylvania Defendants Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris (collectively, "Defendants") by and through their attorneys, Rawle & Henderson LLP, respectfully aver as follows: 1. Plaintiff Thomas A. Starr commenced a civil action by a Praecipe for Writ of Summons against Defendants in the Court of Common Pleas of l246294v,{ Cumberland County, Pennsylvania on or about October 24,2005, as a result of a November 6, 2003 motor vehicle accident. See Exhibit "A"-plaintiffs' Praecipe for Writ of Summons. 2. On or about November 15, 2005, Defendants caused to be filed a Praecipe for Rule to File Complaint in the Court of Common Pleas for Cumberland County, Pennsylvania. See Exhibit "B" - Praecipe for Rule to File Complaint. 3. On or about November 15,2005, Defendants served plaintiff with the Rule to File Complaint. See Exhibit "B." 4. On or about December 20, 2005, plaintiff filed his Complaint. See Exhibit "C" - Plaintiffs Complaint. 5. In the complaint, plaintiff alleges, inter alia, that he sustained the following serious and permanent personal injuries as a result of the motor vehicle accident at issue herein: ( a) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., sustained serious personal injuries including, but not limited to, a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. (b) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., has been, and will in the future be, hindered from performing his daily duties and chores, to his great loss, humiliation and embarrassment. (c) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, 1246294 v.l Thomas A. Starr, Jr., has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. (d) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional and financial detriment and loss. (e) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to his great detriment and loss. (f) as a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. (g) Plaintiff, Thomas A. Starr, Jr., believes and, therefore, avers that his injuries and permanent and serious in nature. See Exhibit "C" - plaintiffs complaint. In the complaint, plaintiff Thomas A. Starr also alleges that defendants Willis Shaw Expre$s, Inc. and Comcar Industries, Inc. are vicariously liable for the alleged negligence, carelessness and recklessness of defendant Alonzo Harris. See Exhibit "C" - plaintiffs complaint ~29-62. 1246294 v I 6. Based upon a fair reading of the complaint, plaintiffs have set forth a claim in which an amount in excess of the jurisdictional limit of $75,000, exclusive of interests and costs, may be at stake. 7. At all times material hereto, defendant Comcar Industries, Inc. is a Florida corporation with its principal place of business in Aubumdale, Florida. 8. At all times material hereto, defendant Willis Shaw Express, Inc. is an Arkansas corporation with its principal place of business in Elm Springs, Arkansas. 9. At all times material hereto, and upon information and belief, defendant Alonzo Harris is a citizen, resident and domiciliary of the State of Arizona and resides in Colt, Arizona. 10. Plaintiff Thomas A. Starr is and was a citizen, resident and domiciliary of the Commonwealth of Pennsylvania and resides in Dillsburg, Pennsylvania. See Exhibit "C" - plaintiffs complaint ~l. 11. Diversity of citizenship within the meaning of 28 D.S.C. ~ 1332 exists between plaintiffs and defendants since: a. Plaintiff is a citizen, resident and domiciliary of the Commonwealth of Pennsylvania; and 1246294 v.1 b. Defendants are not citizens of the Commonwealth of Pennsylvania. 12. Furthermore, since diversity of citizenship existed at the time the action sought to be removed was commenced and continues through the time of filing of this notice, Defendants are entitled to removal pursuant to 28 D.S.C. g1441, as amended, and 28 U.S.C. g1446. 13. This notice of removal is being filed within 30 days of the date the plaintiffs' complaint was filed and within 30 days of the date the plaintiffs' complaint was served. 14. Venue is properly laid in this district because the action sought to be removed is proper under 28 U.S.C. g1446 (a). 1246294 v.1 WHEREFORE. defendants Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris pray that the above captioned action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania be removed therefrom to this Honorable Court. RA WLE & HENDERSON LLP By: /s/ Gary N. Stewart, Esquire Identification No. 67353 Johnna M. Darby, Esquire Identification No. 94492 Attorney for Defendants, Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 gstewart@rawle.com jdarby@rawle.com (717) 234-7700 (717) 234-7710 Our File No.: 250129 Date: 1/5/06 1246294 v.I CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned Notice of Removal was filed electronically with the Clerk of the District Court using its CM/ECF system, which would then electronically notify the following CMIECF participants on this case: David H. Rosenberg, Esquire Handler, Henning & Rosenberg LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff RA WLE & HENDERSON LLP By: /s/ Gary N. Stewart Dated: 1/5/06 1246294 v.] Page I of2 Gary Stewart From: PAMDEfilingstat@pamd.uscourts.gov Sent: Friday, January 06, 200610:05 AM To: pamd_ecf_nef@pamd.uscourts.gov Subject: Activity in Case 1 :06-cv-00026-CCC-JAS Starr v. Comcar Industries, Inc. et al "Notice of Removai" ***NOTE TO PUBLIC ACCESS USERS*** You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Middle District of Pennsylvania Notice of Electronic Filing The following transaction was received from Gary N. Stewart entered on 1/6/2006 at 10:02 AM EST and filed on 1/5/2006 Case Name: Starr v. Comcar Industries, Inc. et al Case Number: Htli-_cv-2n Filer: Alonzo Harris Willis Shaw Express, Inc. Comcar Industries, Inc. Document Number: 2. Docket Text: NOTICE OF REMOVAL by Comcar Industries, Inc., Willis Shaw Express, Inc., Alonzo Harris (Filing fee $ 250 receipt number 333 104655), filed by Comcar Industries, Inc., Willis Shaw Express, Inc., Alonzo Harris. (Attachments: # (1) Civil Cover Sheet # (2) Exhibit(s))(crh,) The following document(s) are associated with this transaction: Document description:Main Document Original filename:nla Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=1/6/2006] [FileNumber=1060435-0] [587bfaf4bI20b3e0023eada835d3ab9667e27lf7250c675e3l03c92e67ge8alc6e75 8a6l0b54c4cb4lf9d59294de72056625d6lbb072365ab184a7cbd22cl4dfj] Document description:Civil Cover Sheet Original filename:nla Electronic document Stamp: [STAMP dcecfStamp_ID=1027698419 [Date=i16/2006] [FileNumber=1060435-1] [32alece507aOd15e7d7bb5d938add3b27dObc3c3adce91e5960033fOOl8492l35761 10842le575abOda2363992991e828b87f34073bafbc60d70elc2852866c5]] Document description:Exhibit(s) Original filename:nla Electronic document Stamp: [STAMP dcecfStamp_ID=10276984l9 [Date=i16/2006] [FileNumber=1060435-2] 1/6/2006 EXHIBIT "A" '1 IN lHE COURT OF COQON PlEAS CUMBERlAND COUNTY, PENNSYLVANIA THOMAS A. STARR, JR. P.O. BOX SO DllIsburg. PA 17019 No OS - S'~1.b. Ciyil Action. (XX) Law ( ) EquIty COMCAR INDUSTRIes, INC. 111 Havendale B"'d., PO. Box 67 Auoumdale. Fl 33823 9I1d c.luL'-r~ WILLIS SHAW EXPRESS,INC. 291 N, Elm SlI'eet P,O. Box 188 Elm Springs. AK 72728 ,", ~, f:'- ,..:, ~.'" I'.~ '., r-> .:= ;:"1,::' -'.-.', ,,:-: and , ...... ALONZO HARRIS 3719 Hwy 261 Coil. AR 72326 "~ .t.-. ver-u. ., "" u, ,". .' . ;'" Plaintill(s) & Addres&(",,) Derendant(s) & Address(es) . :,-! ". PIVll:CIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A \i\Ilit of SUmlllOl\5 in the eboulH:lIPtioned aelion. lL. Wril of Summons Shell be issued 1100 100000rded to ( Court 10 No.~ TR.H: COpy ~ROM nn.::::.;v') Dale: 10120105 : ." ;;;..,o(,I'VW~d1llQf.1 hl:f..;IIIl(u roD! I~,.t ,...rlll. :'J 'JIJ'i! uC SIIl'I/;.'OJfl !l CaJ'11:;19. fe. WRIT OF SUMMONS .;g;::dap ~;:-~'.'~ TO THE ABOVE NAMED DEFENDANT(S): ~ ,'(.'~~''''ry David H Flosenbero Esoulre 1300 Linole.tawn Road Harrisbul'll, PA 17110 [7171 238-2000 NemelAddressrr e1ephone No. 01 AllDrney Dale Or-+. .:J4 .J .-Y.> <'" . Oep~ly ( ) Check here .1 rev...." is used lor additIonal InformatIon PAOTI-ION . 55 EXHIBIT "B" RAWLE & HENDERSON LLP By: Gary N. Stcwart Identification No.: 67353 By: Johnna M. Darby Identification No.: 94492 25 North Front Street, First Floor Harrisburg, Pennsylvania \7101 (111)234-7700 THOMAS A. STARR. JR., Plainriff. v. COMCAR /NDVSTRlf,S, INC.. WILLIS SHAW EXPRESS, INC. and ALONZO HARRJS, Dc:fendants. Attorneys for Defendants. Comcar Industries, Inc., Willis Shaw Express, Inc. lUId Alonzo Harris COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y CIVIL ACTION NO: 05-5516 ;;;:" " ,.,) -. , ,,':. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY . , :. ( ,.....( ~:i -< Please enter a rule upon plaintiff to file ft complaint within tw.enly (20) days of setvice hereof upon penalty of non pros. Dated: / /)__/)/0') LLP By: ary N. Stewart. Esquire Attomey for Defendants. Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo HvTis RULE TO FILE COMPLAINT AND NOW this 1t...JJ.. day of JUau. .2005, a rule is entered upon plaintiffs to file a complaint within rwenty (20) days from the dale ohervice hereof. lllUE COPt' ''''''II ~ noI/;:."o~ III' I ..........I........_~...ll'j .. Ill... fI_ eo.t.."--o.. .. . ". I~~ ~ -_n!, 2'O'1~ I .?J a-. D'" ~';~;=~ ~ P\d1'IUIIfb~ (') r;; ? ~.> = .'" "'" ?, ~.,., m- -",Fr. 'J? t,:.)j'} ~,.~ "'-':r: ~;(') 0'" -, ;'I'" M :...:: o -- "" ..., ::.; C::' -.J CERTIFlCATlON OF SERVlCE I hereby certify that on loday's date I served a true and correct copy of the foregoing praecipe for role to file complaint by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: David H. Rosenberg, Esquire lJOO LingJestwon Road Harrisburg. PA 17110 N LLP Datcd://-I5=- 05 00310" 1 EXHIBIT "C" THOMAS A. STARR, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.5516 COMCAR INDUSTRIES, INC.. WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants : CIVIL ACTION. LAW NOTICE 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned tha1 if you fail to do so the case may proceed without you and a judgment 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUN1Y BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, HE:NNING & ROSENBERG, lLP By David osenberg. Esq. 1.0. # 569 130 Linglestown Road Harrisburg. PA 17110 (717) 238-2000 Attorney for Plaintiff F:\'WP DI....cCon..\JFl\coMplal"t9\mV.\IOIIe wh..n..tarr.wpd THOMAS A. STARR, JR., Plainllff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY. PENNSYLVANIA v. NO. 05-6516 COM CAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, Thomas A. Starr. Jr.. by and through his attorneys. HANDLER. HENNING & ROSENBERG. LLP, by David H Rosenberg, Esq.. and makes the within Complaint against the Defendants. Comcarlndustries, Inc.. Willis Shaw Express. Inc. and Alonzo Harris, and avers as follows: 1. Plaintiff, Thomas A. Starr, Jr., is an adult individual currently residing at P.O. Box 80. Dillsburg, York County. Pennsylvania 17019. 2. Defendant, Alonzo Harris. is an adult individual currently residing at 3719 Highway 261. Colt. Arizona, 72326. 3. Defendant, Willis Shaw Express, Inc., is a corporation currently doing business at 201 North Elm Street, P.O. Box 188, Elm Springs. Arkansas 72728. Defendant, Willis Shaw Express. Inc., regularly conducts business within the Commonwealth of Pennsylvania. 4. Defendant, Comcar Industrles.lnc.. is a corporation currentiydoing business at 111 Havendale Boulevard, P.O. Box 67, Auburndale, Florida 33823. Defendant. Comcar Industries, Inc., regularly conducts business within the Commonwealth of Pennsylvania. 5. At all times material hereto, Defendant, Willis Shaw Express, Inc., was a subsidiary of Defendant, Comear Industries, Inc. 6. At all times material hereto. Defendant. Alonzo Harris, was an agent. servant. and/or employee of Defendant. WiUis Shaw Express, Inc., and was acting within the scope of said employment. 7. At all times material hereto, Defendant. Alonzo Harris, was an agent, servant. and/or employee of Defendant, Comear Industries, Inc., and was acting within the scope of said employment. 8. At all times material hereto. Plaintiff. Thomas A. Starr, Jr., was insured by Geiea Insurance Company. Said policy included the full tort option pursuant to 75 Pa. C.S.A, ~ 1705. 9. At all times material hereto. Plaintiff. Thomas A. Starr. Jr.. was the operator of a commercial van (hereinafter, "Plaintiffs vehicle"). 10. At all times material hereto. Plaintiffs vallicle was owned by his employer, Point Springs & Driveshafl company. 11. At all times material hereto. Defendant, Alonzo Harris. was the operator of a 1999 Volvo truck, bearing Idaho registration number AE 4691 (hereinafter. "Defendant's vehicle"). 12. At all times material hereto, Defendant's vehicle was owned by his employer. Willis Shaw Express, Inc. and/or Comcar Industries, Inc. 2 13. At all times material hereto, there were, the weather condition was rainy and the road condition was wet. 14. On or about November 6.2003. at about 1:50 p.m. Plaintiff's vehicle was traveling northbound on Interstate 81 in Southampton Township, Franklin County. Pennsylvania. 15. On or about November 6. 2003, al about 1:50 p.m.. Defendant. Alonzo Harris, was traveling southbound on Interstate 81 in Southampton Township, Franklin County, Pennsylvania. 16. At approximately the same time and place, Defendant's vehicle lost its dual wheels from the left side rear of the trailer. 17, At approximately the same time and place. the wheels traveled across the median and violently struck Plaintiff's driver's side door. 18. As a direct and proximate result of Defendant's wheels negligently falling off of Defendant's truck. Plaintiff's vehicle swung counter clockwise, coming to a final rest in the median facing south. 19. As a direct and proximate result oftne negligence of the Defendants. Comcar Industries, Inc., Willis Shaw Express, Inc. and Alonzo Harris, Plaintiff. Thomas A. Starr. Jr., sustained extensive injuries as set forth more speCifically below. COUNT I . NEGLIGENCE THOMAS A. STARR. JR. Y. ALONZO HARRIS 20. Paragraphs 1-19 are incorporated herein as if set forth at length. 3 21. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff. Thomas A. Starr. Jr., were caused directly and proximately by the negligence of Defendant, Alonzo Harris. generally and more specifically as set forth below: (a) In failing to properly and timely inspect. maintain. and correct the dangerous condition of Defendant's vehicle; (b) In failing to properly and timely mend and/or make repairs/adjustments to said dangerous condition of Defendant's vehicle; (c) In allowing its tll.Jck to be operated when it had worn out/burned up bearings at the hub; (d) In allowing Defendant's vehicle to be operated when it had worn out/burned up bearings at the hub; (e) In permitting Defendant's vehicle to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Transportation regulations, in violation of 75 Pa. C.S.A. 94107(b}(2); (f) In failing to properly inspect, maintain and replace the worn out/burned up bearings at the hub; (g) In failing to operate Defendant's vehicle at a speed that was safe for existing conditions. in violation of 75 Pa. C.S.A. 3 3361; (h) In failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; 4 (i) In operating Defendant's vehicle when it was in a such a condition as it was likely it would cause an accident. in violation of Federal Motor Carrier Safety Regulations 9 396.7(a); OJ In failing to concern himself with the inspection and/or maintenance of Defendant's vehicle. in violation of Federal Motor Carrier Safety Regulations ~ 396.1; (k) In failing to systematically inspect, repair and maintain, or cause to be systematically inspected. repaired and maintained, Defendant's vehicle that was under his control. in violation of Federal Motor Carrier Safety Regulations ~ 396.3(a)(1); 0) In operating a commercial motor vehicle without satisfying himselflhat the worn ouVbumed up bearings at the hub were in good working order. in violation of Federal Motor Carrier Safety Regulations 9 392.7; (m) In failing to have knowledge of and comply with the Federal Molor Carrier Safety Regulations, in violation of Federal Motor Carrier Safety Regulations 9 390.3(e)(2)-(3); and (n) In otherwise violating the laws, statutes, and regulations of the Commonwealth of Pennsylvania regarding the maintenance of Defendant's trucks. 5 22. As a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr. Jr., sustained serious personal injuries including, but not limited to. a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 23. As a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr, Jr., has been, and will in the future be. hindered from performing his daily duties and chores, to his great loss. humiHation and embarrassment. 24. As a direct and proximate result of the negligence of Defendant. Alonzo Harris, the Plaintiff, Thomas A. Starr. Jr., has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 25. As a direcl and proximate result at the negligence of Defendant. Alonzo Harris, the Plaintiff. Thomas A. Starr, Jr., has suffered great physical pain. discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future. to his great physical, emotional and financial detriment and loss. 26. As a direct and proximate result of the negligence of Defendant, Alonzo Harris, the Plaintiff, Thomas A. Starr. Jr., has been compened. and will in the future be compelled. in order 10 effect a cure for the aforementioned injuries. to expend money for medicine and medical attention to his great detriment and loss. 27. As a direct and proximate result of the negligence of Defendant. Alonzo Hams, the Plaintiff, Thomas A. Starr, Jr., has suffered a loss of life's pleasures and he will continue 10 suffer the same in the future. to his great detriment and loss. 28. Plaintiff. Thomas A. Starr. Jr., believes and. therefore, avers that his injuries are permanent and serious in nature. 6 WHEREFORE. Plaintiff, Thomas A. Slarr. Jr., seeks damages from the Defendant. Alonzo Harris, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY THOMAS A. STARR. JR. v. WILLIS SHAW EXPRESS. INC. 29. Paragraphs 1-28 are incorporated herein as if set forth at length. 30. At all times material to this action, Defendant, Alonzo Harris, was an agent, servant, and/or employee of Defendant, Willis Shaw Express, Inc. 31. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff. Thomas A. StafT, Jr.. were caused directly and proximately by the negligence of Defendant. Willis Shaw Express, Inc.. generally and more specifically as sel forth below: (a) In allowing and/or requiring Defendant, Alonzo Harris. to operate the aforesaid vehicle on its behalf when it knew or reasonably should have known that he was an inexperienced, unlicensed, unqualified, unsafe, unfit, tired and/or careless driver; (b) In failing 10 establish proper policies, procedures and/or standards to determine whether its potential or actual agents, servants, workers. contractors, sub-contractors and/or employees, such as Defendant, Alonzo Harris. were fit and capable of properly performing the requirements of their respective employment; 7 (c) In establishing improper and/or unsafe policies. procedures and/or standards with regard to the number of hours worked by its agents. servants, workers, contractors, sulrcontractors and/or employees such as Defendant, Alonzo Harris; (d) In establishing improper and/or unsafe policies. procedures andlor standards with regard to the conditions and circumstances under which its agents, servants, workers, contractors, sub-contractors and/or employees, such as Defendant, Alonzo Harrig. were permitted to drive a vehicle on Defendant's behalf; (e) In allowing and/or requiring Defendant. Alonzo Harris. to operate the aforesaid vehicle with a gross vehicle weight in excess of the prescribed and/or legal limIt; (f) In establishing improper and/or unsafe policies. procedures and/or standards with regard to the gross vehicle weight of trucks operated by its agents, servants, workers. contractors. sub-contractors andlor employees such as Defendant, Alonzo Hams; (9) In aHowing its truck to be operated when it had worn out/burned up bearings at the hub; (h) In permitting its truck to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Trans- portation regulations. in violation of 75 Pa. C.S.A. ~ 4107(b)(2); (i) In failing to properly inspect, maintain and repair the worn out/burned up bearings at the hub; 8 (j) In allowing its vehicle to be operated when it was in a such a condition as it was likely it would cause an accident. in violation of Federal Motor Carrier Safety Regulations 9 396.7(a); (k) In failing to concern itself with the inspection and/or maintenance of its vehicle, in violation of Federal Motor Carrier Safety Regulations ~ 396.1; (I) In failing to systematically inspect. repair and maintain. or cause to be systematically inspected, repaired and maintained, its \/ehidethatwas under its employee's control, in violation of Federal Motor Carrier Safety Regulations ~ 396.3(3)(1); and (m) In failing to halle knowledge of and comply with the Federal Motor Carrier Safety Regulations, in violation of Federal Motor Carrier Safety Regulations ~ 390.3(e)(1). 32. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Alonzo Harris, occurred while acting in and upon the busine9s of Defendant, Willis Shaw Express, Inc., and within the course and scope of his employment with said Defendant. 33. Defendant. Willis Shaw Express, Inc., is vicariously liable tor the extensive and personal injUries suffered by Plaintiff, Thomas A. Starr. Jr.. which include. but are not limited to. a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 9 34. As a direct and proximate result of the negligence of Defendant, Plaintiff, Thomas A. Starr. Jr.. has suffered great physical pain. discomfort. and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical. emotional, and financial detriment and toss. 35. As a direct and proximate result of the negligence of Defendant. Plaintiff, Thomas A. starr, Jr., has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 36. As a direct and proximate result of the negligence of Defendant, Plaintiff. Thomas A Starr, Jr., has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention. and will be required to expend money for the same purposes in the future. to his great detriment and loss. 37. As a direct and proximate result of the negligence of Defendant. Plaintiff. Thomas A. Starr, Jr., has been, and probably will in the future be. hindered from attending to his daily duties, to his great detriment, loss, humiliation. and embarrassment. 38. As a direct and proximate result of the negligence of Defendant, Plaintiff. Thomas A. Starr. Jr., has suffered a loss of life's pleasures. and will continue to endure the same in the future, to his great detriment and loss. 39. Plaintiff, Thomas A. Starr, Jr., believes and. therefore, avers that his injuries are serious and permanent in nature. 40. Defendant is vicariously liable for the great physical. emotional. and financial loss Plaintiff. Thomas A. Starr. Jr.. has suffered and will continue to endure for an indefinite period of time in the future. 10 41. Defendant is vicariously liable for Ihe expenses Plaintiff, Thomas A. Starr, Jr.. has been compelled, in order to effect a cure for the aforesaid injuries, 10 spend for medicine and/or medical attention, and will be required to expend money for the same purposes in the future. to his great detriment and loss. 42. Defendant is vicariously liable for the considerable amount of wages Plaintiff, Thomas A. Starr. Jr.. has losl and the future loss of income and/or loss of earning capacity that will be sLlstained. 43. Defendant is vicariously liable for hindering Plaintiff, Thomas A. Starr. Jr., from attending to his daily duties. 10 his great detriment, loss, humiliation, and embarrassment. 44. Defendant is vicariously liable for the great detriment and loss Plaintiff. Thomas A. Starr, Jr., has suffered and will continue to suffer. from losing life's pleasures. 45. Plaintiff. Thomas A. Starr, Jr., believes and, therefore, avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff. Thomas A. Starr. Jr.. seeks damages from Defendant, Willis Shaw Express. Inc.. in an amount in eXcess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT III . VICARIOUS LIABILITY THOMAS A STARR. JR. If. COMCAR INDUSTRIES. INC. 46. Paragraphs 1-45 are incorporated herein as if set forth at length. 11 47. At all times material to this action. Defendant. Alonzo Harris, was an agent. servant, and/or employee of Defendant. Gomcar Industries. Inc. 48. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Thomas A. Starr, Jr.. were caused directly and proximately by the negligence of Defendant, Comcar Industries, Inc.. generally and more specifically as set forth below: (a) In allowing andlor requiring Defendant. Alonzo Harris, to operate the aforesaid vehicle on its behalf when it knew or reasonably should have known that he was an inexperienced, unlicensed, unqualified. unsafe, unfit. tired and/or careless driver; (b) In failing to establish proper policies. procedures and/or standards to determine whether its potential or actual agonts. servants, workers, contractors, sub-contraclors andlor employees. such as Defendant, Alonzo Harris, were fit and capable of properly performing the requirements of their respective employment; (c) In establishing improper and/or unsafe policies, procedures and/or standards with regard to the number of hours worked by its agents. servants. workers, contractors, sub-oontraclors and/or employees such as Defendant, Alonzo Harris; (d) In establishing improper and/or unsafe policies, procedures andlor standards with regard to the conditions and circumstances under which its agents. servants. workers. contractors. sub-contractors 12 and/or employees. such as Defendant, Alonzo Harris, were permitted to drive a vehicle on Defendant's behalf; (e) In allowing and/or requiring Defendant. Alonzo Harris. to operate the aforesaid vehicle with a gross vehicle weight in excess of the prescribed and/or legal limit; (f) In establishing improper and/or unsafe policies, procedures and/or standards with regard to the gross vehicle weight of trucKs operated by its agents. servants. workers. contractors, sub-contractors and/or employees such as Defendant, Alonzo HarTis; (g) In allowing its truck to be operated when it had worn out/burned up bearings at the hub; (h) In pennitting its truck to be operated on Interstate 81 when it was in an unsafe condition and/or in violation of Department of Trans- portation regulations, in violation of 75 Pa. C.S.A, ~ 4107(b)(2); and (i) In failing to properly inspect. maintain and repair the worn ouVbumed up bearings at the hub; 0) I n allowing its vehicle to be operated when it was in a such a condition as it was likely it would cause an accident. in violation of Federal Motor Carrier Safety Regulations 9 396.7(a); (k) In failing 10 concem itself with the inspection and/or maintenance of its vehicle. in violation of Federal Motor Carrier Safety Regulations !l 396.1; 13 (I) In failing to systematically inspect. repair and maintain, or cause to be systematically inspected. repaired and maintained, its vehicle that was under its employee's control. In violation of Federal Motor Carrier Safety Regulations ~ 396.3(a)(1); and (m) In failing to have knowledge of and comply with the Federal Motor Carrier Safety Regulations, in violation of Federal Motor Carrier Safety Regulations ~ 390.3(e)(1). 49. The aforementioned negligent. careless, and/or reckless conduct of Defendant, Alonzo Harris. occurred while acting in and upon the business of Defendant. Comcar Industries, Inc., and within the course and scope of his employment with said Defendant. 50. Defendant, Comcar Industries, Inc.. is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Thomas A. Starr. Jr.. Which include, but are not limited to, a sprain/strain to his cervical and lumbar spine and mild upper extremity paresthesis. 51. As a direct and proximate result of the negligence of Defendant. Plaintiff. Thomas A. Starr. Jr.. has suffered great physical pain. discomfort. and mental anguish, and will continue to endure the same for an indefinite period of time in the future. to his great physical. emotional. and financial detriment and loss. 52. As a direct and proximate result of the negligence of Defendant. Plaintiff, Thomas A Starr, Jr.. has suffered lost wages and wlll in the future continue to suffer a loss of income and/or loss of earning capacity. 14 53. As a direct and proximate result of the negligence of Defendant. Plaintiff, Thomas A. Starr, Jr., has been compelled. in order to effect a cure for the aforesaid injuries. to spend money for medicine and/or medical attention. and will be required to expend rnoney for the same purposes in the future, to his great detriment and loss. 54. As a direct and proximate result of the negligence of Defendant, Plaintiff, Thomas A. Starr, Jr., has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment. loss, humiliation, and embarrassment. 55. As a direct and proximate result of the negligence of Defendant. Plaintiff, Thomas A Starr, Jr., has suffered a loss of life's pleasures, and will continue to enduee the same in the future, to his great detriment and loss. 56. Plaintiff, Thomas A. Starr. Jr.. believes and. therefore, avers that his injuries are serious and permanent in nature. 57. Defendant is vicariously liable forthe great physical. emotional, and financial loss Plaintiff, Thomas A. Starr, Jr.. has suffered and will continue to endure for an indefinite period of time in the future. 58. Defendant is vicariously liable forthe expenses Plaintiff, Thomas A. Starr. Jr.. has been compelled. io order to effect a cure for the aforesaid injuries. to spend for medicine andlor medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 59. Defendant is vicariously liable for the considerable amount of wages Plaintiff, Thomas A. Starr, Jr. has lost and the future loss of income and/or loss of earning capacity that will be sustained. 15 60. Defendant is vicariously liable for hindering Plaintiff, Thomas A. Starr, Jr.. from attending 10 his daily duties. to his great detriment, loss. humiliation, and embarrassment 61. Defendant is vicariously liable for the great detriment and loss Plaintiff, Thomas A. Starr, Jr.. has suffered and will continue to suffer, from losing life's pleasures. 62. Plaintiff, Thomas A. Starr, Jr., believes and, therefore, avers thaf his injuries are serious and permanent in nature. WHEREFORE, Plaintiff. Thomas A. Starr. Jr., seeks damages from Defendant, Comcar Industries, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1.2-JO-07 By; David Rosenberg, Esquire Attar ey J.D. # 20569 1396 Linglestoll,'n Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 16 ~ERI8CA TION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent thaI it is based upon infonnation which I have given to counsel. it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel. I have relied upon my counsel in making this Verification. The undersigned also understands thaI the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904. relating to unsworn falsification to authorities. 7C-9 Thomas A. Starr, Jr. ----- Date: I {- :J-0 -()6"' THOMAS A. STARR, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. D5-5516 COMCAR INDUSTRIES, INC., WILLIS SHAW EXPRESS, INC. and ALONZO HARRIS, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 20Ih day of December, 2005. I hereby certify that a true and correct copy of Plaintiffs Complaint was selVed upon the following by depositing in U.S. Mail; Johnna M. Darby. Esq. Rawle & Henderson, LLP 25 North Front Street, 1 st Floor Harrisburg. PA 17101 Respectfully submitted. 1J./~tr' DATE HANDLER, HENNING & ROSENBERG, LLP Davl H senberg. Esquire I.D. #20 69 1300 nglestown Road Harrisburg. PA 17110 717-238-2000 Attorney for Plaintiff --..--....-..----- eel '. --- "',-1 '-,:." c.,o; "0