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Home My WebLink About05-5978 TOWN & COUNTRY, INC" and S&H EXPRESS, INC" Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, OS -,;'(111 CW'LL ~8-YYj CIVIL ACTION - AT LAW CRYSTAL L. MORRIS, as Administratrix of the ESTATE OF CHELSEY L. MORRIS, Deceased, and ARNOLD TRANSPORTATION SERVICES, INC" Defendants : JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (800) 990-9108 TOWN & COUNTRY, INC" and S&H EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, v, CIVIL ACTION - AT LAW CRYSTAL L. MORRIS, as Administratrix of the ESTATE OF CHELSEY L. MORRIS, Deceased, and ARNOLD TRANSPORTATION SERVICES, INC" Defendants : JURY TRIAL DEMANDED A VISO USTED HA SIOO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A vi so radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus Defenses de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGIUR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (800) 990-9108 TOWN & COUNTRY, INC" and S&H EXPRESS, INC" Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 0 S; - .s91! C~u;ll82-.l CIVIL ACTION - AT LAW CR YST AL L. MORRIS, as Administratrix of the ESTATE OF CHELSEY L. MORRIS, Deceased, and ARNOLD TRANSPORTATION SERVICES, INC" Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Town & Country, Inc" is a Pennsylvania corporation with a principal place of business located at 400 Mulberry Street, York, York County, Pennsylvania 17403, 2, Plaintiff S&H Express, Inc" is a Pennsylvania business entity with its principal place of business located at 400 Mulberry Street, York, York County, Pennsylvania 17403, 3, Defendant Crystal L. Morris, Administratrix of the Estate of Chelsey L. Morris, Deceased, currently resides at 505 W, Perry Street, Enola, Cumberland County, Pennsylvania 17025, and is the duly-appointed Administratrix of the Estate of her daughter, Chelsey L. Morris, Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a copy of the Letters of Administration for said Estate, 4, Defendant Arnold Transportation Services, Inc" is a Pennsylvania corporation with a principal place of business located at 451 Freight Street, Camp Hill, Cumberland County, Pennsylvania 17011. 5, The events herein described occurred on November 21,2003, on Interstate 81 in Middlesex Township, Cumberland County, Pennsylvania, approximately 1,2 miles south of the New Kingston exit (Exit 52), ! 6. At the aforesaid time and place, at approximately 12:50 p,m., Wayne Wise, Jr., an employee of Plaintiff S&H Express, was operating a 1999 Volvo S60 tractor, owned by Plaintiff Town & Country, Inc" and a I 997 Great Dane trailer, owned by Plaintiff S&H Express, driving northbound on 1-81 in the right-hand lane, 7, Traveling just ahead of the Plaintiffs' vehicle in the left-hand northbound lane on 1-81, was a tractor trailer owned by Defendant Arnold Transportation Services, Inc,. and operated by its driver, Donald E, Gotwalt. 8, Just north of the location of Plaintiffs' vehicle was a 2001 Toyota Camry, operated by Chelsey 1. Morris, traveling southbound on 1-81 in the left-hand lane, 9, At the aforesaid time and place, while traveling at an excessive rate of speed, Chelsey 1. Morris lost control of her vehicle, allowed said vehicle to cross the grass median between the north and southbound lanes of 1-81, and allowed said vehicle to collide with Defendant Arnold's vehicle which was traveling in the opposite direction, 10, At the aforesaid time and place, prior to, at the time of, and/or thereafter, Donald E, Gotwalt, acting within the course and scope of his employment with Arnold Transportation Services, Inc" drove his vehicle over the dividing line between the right and left-hand northbound lanes, encroaching upon the travel lane of Plaintiffs' driver, and forced Plaintiffs' driver and Plaintiffs' vehicle off of the highway and into a ditch located along the east side of 1- 81 where Plaintiffs' turned over, 11. As a result of the aforesaid occurrence, Plaintiffs' vehicle was rendered a total loss and Plaintiffs sustained the following damages: Total Loss - Tractor Total Loss - Trailer Towing Charge Loss ofUselDown Time $35,750.00 $10,250.00 $ 6,750.00 $ 4,200.00 ($200.00 per day for 21 days) ($ 4.1 00.00) Less Salvage Recovery TOTAL DAMAGES $52,850.00 COUNT I NEGLIGENCE Town & Country, Inc., and S&H Express, Inc. v. Crystal L. Morris, as Administratrix of the Estate of Chelsev L. Morris, Deceased 12. The averments of paragraphs one through eleven above are incorporated herein by reference as if fully set forth. I3. The aforesaid occurrence and the damages incurred by Plaintiffs were caused either directly, proximately, and/or substantially by the careless, negligent, and/or reckless conduct of Chelsey 1. Morris in the operation of her vehicle in the following particulars: a. She operated her vehicle at a speed too fast for conditions then and there existing; b. She operated her vehicle at a speed in excess of the posted speed limit; c. She failed to remain attentive to the road and traffic conditions then and there existing; d. She failed to maintain the operation of her vehicle within her designated lane of travel; e. She failed to take appropriate and safe evasive action to accommodate road and traffic conditions; f. She failed to exercise that degree of care, caution, and skill reasonably required under all of the circumstances. WHEREFORE, Plaintiffs demand judgment against Defendant Crystal 1. Morris, Administratrix of the Estate of Chelsey 1. Morris, in the amount of $52,850.00 plus interest, costs of suit, and damages for delay. COUNT II NEGLIGENCE Town & Country, Inc.. and S&H Exnress, Inc. v. Arnold Transnortation Services, Inc. 14. The averments of paragraphs one through thirteen above are incorporated herein by reference as iffully set forth. 15. The aforesaid occurrence and the damages sustained by Plaintiffs were caused or contributed to by the careless and negligent conduct of Donald E. Gotwalt, acting within the course and scope of his employment with Defendant Arnold Transportation Services, Inc., in the following particulars: a. He failed to maintain his vehicle within his designated lane of travel; b. He operated his vehicle in violation of the Pennsylvania Motor Vehicle Code; c. He failed to take proper and safe evasive action; d. He failed to exercise that degree of care, caution, and skill reasonably required under all of the circumstances. e. He drove his vehicle into Plaintiffs' vehicle's lane of travel and forced Plaintiffs' vehicle off of the highway. 16. Defendant Arnold Transportation Services, Inc., is vicariously liable for the careless and negligent conduct of its agent, servant, and employee, Donald E. Gotwalt. WHEREFORE, Plaintiffs demand judgment against Defendant Arnold Transportation Services, Inc., either individually or jointly and severally, in the amount of $52,850.00 plus interest, costs of suit, and damages for delay. Date: II-/s~or Respectfully submitted, NESTICO, DRUBY & HILDABRAND, 1.1.P. , .l~<, '/ dY/' /' By:J(tL('(" C~(""'Lf~' ''''-c /. c/ Karl R. Hildabrand Attorney J.D. No. 30102 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorney for Plaintiffs EXHIBIT "A" REGISTER OF WILLS GUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2004- 00291 PA No. 21- 04- 0291 Es ta te Of: MORRIS CHELSEY L IL..r, F/r.t, MIddlfJ Late Of: EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY Deceased Social Securi ty No: 204-68-2979 WHEREAS, MORRIS CHELSEY L (I..", FIr,t, MIdrlMJ la te of EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY died on the 21st day of November 2003 and, WHEREAS, the grant of Letters of Administration is required for the administration of the estate. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, have this day granted Letters of Administration to: MORRIS CRYSTAL L who has duly qualified as ADMINISTRATOR (RIX) of the estate of the above named decedent and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 25th day of March 2004. / **NOTE* * ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) NOV-15-2005 10:05 S & H EXPRESS 717 852 7341 P.01/01 VERIFICATION I, ELLEN MILLER, an authorized representative of Town &; Country, lnc,. and S&H Express, lnc" verity that the statements made in this Complaint are true and comct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. TO'WN & COUNTRY. INC. S&H EXPRESS, INC. Date: ii-IS: o~ By: ~ flUd-' Ellen Miller TOTAL P.01 AJ \':> -0 7"\:l I.f( :\t- U( ,......, <-' () c;. ,~~ -Yl o;:J' _-4 U - 8 ~ t,::-' ~. "- h--i ::2 ...,~ ~-,--' ~ '- \) ----' \> ~ ~ , ;r-' 1.:) \, c,) =-;::: :0 01 ":f) t- , G..... -'-- --.f... TOWN & COUNTRY, INC., and S&H EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5978 v. CIVIL ACTION - AT LAW CRYSTAL 1. MORRIS, as Administratrix of the ESTATE OF CHELSEY 1. MORRIS, Deceased, and ARNOLD TRANSPORTATION SERVICES, INC., Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Kevin D. Rauch, Esquire, counsel for Crystal 1. Morris as Administratrix ofthe Estate of Chelsey 1. Morris, deceased, being duly authorized to do so, hereby accept service ofthe Complaint in the above matter on behalf of my client. Date: })-)3 ~o5' vin D. Rauch Attorney for Defendant Crystal L. Morris, as Administratrix of the Estate of Chelsey L. Morris, Deceased Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PAl 7043 ;-.:l -: ~ ~~-,) " f..:. SHERIFF'S RETURN - REGULAR CASE NO: 2005-05978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWN & COUNTRY INC ET AL VS MORRIS CRYSTAL L ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ARNOLD TRANSPORTATION SERVICES INC the DEFENDANT , at 0943:00 HOURS, on the 21st day of November, 2005 at 451 FREIGHT STREET CAMP HILL, PA 17011 by handing to MELISSA STROUS, COMMUNICATIONS MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 12.48 .37 10.00 .00 40.85 ~-c;; ,-Y' ",.~? ,-::;.-;<i<1"i.~"\~."':t~'d'f' 1.... ";;"',;'..,Aft:"p . .r",_~ .~ -'" ,'_' R. Thomas Klir.e 11/22/2005 NESTICO DRUBY Sworn and Subscribed to before By: me this (. IS day of ~h'~~ A.D. Ia ~ .d TOWN & COUNTRY, INC., and S&H EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5978 v. CIVIL ACTION - AT LA W CRYSTAL L. MORRIS, as Administratrix of the ESTATE OF CHELSEY L. MORRIS,. Deceased, and ARNOLD TRANSPORT A nON SERVICES, INC., Defendants ' : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above action settled and discontinued. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP Date:~ ~~. Ka R. Hlldabrand, Esquire Attorney J.D. No. 30] 02 840 East Chocolate Avenue Hershey, PA ]7033 (717) 533-5406 Attorney for Plaintiffs /""::) , , ..' . CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the --2.- day of December, 2006, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, P A 17043 William Longo, Esquire Margolis Edelstein The Curtis Center, 4th Floor 601 Walnut Street Independence Square West Philadelphia, P A 19106-3304 ~' '1 - . ~J~~' Karl R. Hildabrand ( (") ~ l}('~' C~~) r ~ N a e".....) C::;> = <:c" a rl'] c-) o "Tl --I :r:: :n rl1 r== -fJ In :rJy }J~ '-: '::,,:::1 55 -< N ~ -..;}.... \..!)