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HomeMy WebLinkAbout06-3473 BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.06-3v73CIVIL TERM IN TRESPASS 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 Plaintiffs. 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, Pennsylvania 17013 Telephone (717) 249-3166 Edward L. Schorpp, Esq re PA ID No. 17495 35 South Thrush Drive Carlisle, PA 17013 (717) 486-8386 Solicitor for Borough of Carlisle Date: 6-/ P- 0 6 BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 3V?3 V. : NO. 06- CIVIL TERM CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants : IN TRESPASS COMPLAINT NOW COMES, the Plaintiff, Borough of Carlisle, by and through its Solicitor, Edward L. Schorpp, Esq., and files the within Complaint against Defendants: 1. The Borough of Carlisle (herein, Borough) is a political subdivision and municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania with principal offices at 53 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Christopher M. Moore (herein, Moore) is an adult individual residing at 1128 Pheasant Dr. North, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Benton J. Cummings (herein, Cummings) is an adult individual residing at 970 Manada Gap Road, Grantville, Dauphin County, Pennsylvania 17028. 4. At all times relevant herein, Defendant Cummings was the owner and Defendant Moore was the operator of a 2005 Ford Focus motor vehicle bearing PA registration number FWY8773. 5. On December 29, 2005, at approximately 4:27 a.m., Defendant Moore was operating the Ford Focus in a reckless and threatening manner behind a vehicle operated by James Patterson in a northerly direction on Spring Road in North Middleton Township, Cumberland County, Pennsylvania. 6. At said time and place, Defendant Cummings, the owner ofthe vehicle being operated by Defendant Moore, was a passenger in the front seat of his vehicle. 7. At that time, Carlisle Borough Police Dispatch received a call from James Patterson indicating that he was being followed and was in fear of harm. 8. At said time and place, the vehicle operated by Defendant Moore continued to follow the Patterson vehicle as it turned in an easterly direction on Cavalry Road in said Township. 9. At said time and place, two Borough Police cruisers were in pursuit of the vehicle operated by Moore and Patterson, one cruiser was operated by Officer Cloud and the second, a 2000 Chevrolet Impala, was operated by Officer Parson. 10. At said time and place, Defendant Moore turned the motor vehicle he was operating around and returned in a westerly direction on Cavalry Road. 11. At said time and place, Defendant Moore drove his vehicle into the front of the police cruiser owned by the Borough and operated by Officer Parson. 12. The collision with the Borough's vehicle occurred in the eastbound lane of travel of Cavalry Road, being Officer Parson's lane of travel; the vehicle operated by Defendant Moore crossed the center line into Officer Parson's lane of travel. 13. At the time of impact, Defendant Moore was operating the Ford Focus at a speed of approximately 50 mph and the Borough's cruiser was nearly stationery. 14. At all times relevant herein, both Officer Parson and Officer Cloud had engaged their respective cruisers' emergency lights. 15. As a result of the collision, the police cruiser operated by Officer Parson and owned by the Borough was severely damaged to the point it was a total loss. 16. There is attached hereto as Exhibit "A," an estimate of the reasonable and customary costs of repairs to the Borough's 2000 Chevrolet Impala police cruiser in the total amount of $7,744.84. 17. There is attached hereto as Exhibit "B," a valuation of the 2000 Chevrolet Impala, in the total Kelley Blue Book Trade-In Value of $4,975.00. COUNTI Borough of Carlisle vs. Christopher M. Moore 18. The averments of Paragraphs 1-17, inclusive, of this Complaint are incorporated herein by reference. 19. Defendant Moore was acting in a fit of road rage and/or extreme anger at the time of the collision with the Borough's vehicle. 20. The collision with the police cruiser owner by the Borough was caused by the negligent, reckless and intentional conduct of Defendant Moore as follows: A. Defendant Moore did then and there exceed the lawful speed limit of 35 mph and negligently operate the vehicle owned by Cummings so as to cross the centerline of the highway and collide with the Borough's stationary vehicle, which was entirely within its proper lane of travel. B. Defendant Moore negligently drove on the wrong side of the highway. C. Defendant Moore negligently drove in excess of the lawful speed limit. D. Defendant Moore negligently drove too fast for conditions then and there existing. E. Defendant Moore failed to keep the vehicle under proper control at all times. F. Defendant Moore failed to use due care under the circumstances. G. Defendant Moore did then and there recklessly and with gross negligence exceed the lawful speed limit of 35 mph and operate the vehicle owned by Cummings so as to cross the centerline of the highway and collide with the Borough's stationary vehicle, which was entirely within its proper lane of travel. H. Defendant Moore recklessly and with gross negligence drove on the wrong side of the highway. 1. Defendant Moore recklessly and with gross negligence drove in excess of the lawful speed limit. J. Defendant Moore recklessly and with gross negligence drove too fast for conditions then and there existing. K. Defendant Moore recklessly and with gross negligence failed to keep the vehicle under proper control at all times. L. Defendant Moore recklessly and with gross negligence failed to use due care under the circumstances. M. Defendant Moore did then and there intentionally exceed the lawful speed limit of 35 mph and operate the vehicle owned by Cummings so as to cross the centerline of the highway and collide with the Borough's stationary vehicle, which was entirely within its proper lane of travel. N. Defendant Moore intentionally drove on the wrong side of the highway and intended to ram the police cruiser. 0. Defendant Moore intentionally drove in excess of the lawful speed limit. P. Defendant Moore intentionally drove too fast for conditions then and there existing. Q. Defendant Moore deliberately failed to keep the vehicle under proper control at all times. R. Defendant Moore intended to physically ram the police cruiser with a total lack of concern for due care under the circumstances. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Christopher M. Moore, in the total amount of compensatory damages of $4,975.00, plus punitive damages in excess of the limit requiring compulsory arbitration under local rules of court, plus interest, plus costs. COUNT 11 Borough of Carlisle vs. Benton J. Cummings 21. The averments of Paragraphs 1-20, inclusive, of this Complaint are incorporated herein by reference. 22. Defendant Cummings had knowledge of Defendant Moore's propensity to fail to observe and use due care in operating motor vehicles and negligently entrusted his vehicle to Defendant Moore despite his knowledge. 23. Defendant Cummings had knowledge of Defendant Moore's propensity forroad rage and fits of anger while operating a motor vehicle and negligently entrusted his vehicle to Defendant Moore despite his knowledge. 24. Defendant Cummings was a front seat passenger in his vehicle while it was being operated by Defendant Moore and participated in the decision to follow and harass the Patterson vehicle for motives unknown to Plaintiff. 25. Defendant Cummings was a front seat passenger in his vehicle while it was being operated by Defendant Moore and participated in the decision and actions to ram the Borough's police cruiser. 26. Defendant failed to take proper precautions to stop Defendant Moore from negligently, recklessly or intentionally ramming the police cruiser. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Benton J. Cummings, in the total amount of compensatory damages of $4,975.00, plus punitive damages in excess of the limit requiring compulsory arbitration under local rules of court, plus interest, plus costs. COUNT III Borough of Carlisle vs. Christopher M. Moore and Benton J. Cummings 27. The averments of paragraphs 1-26, inclusive, of this Complaint are incorporated herein by reference. 28. Defendant Moore and Defendant Cummings jointly decided to follow and harass the Patterson vehicle. 29. Defendant Moore and Defendant Cummings jointly decided to turn around on Cavalry Road and intentionally ram the Borough's police cruiser. 30. The damage to Plaintiff's vehicle was caused by the joint decisions and intentional actions of both Defendants. WHEREFORE the Plaintiff demands judgment in its favor against Defendant Christopher M. Moore and Defendant Benton J. Cummings, in the total amount of compensatory damages of $4,975.00, plus punitive damages in excess of the limit requiring compulsory arbitration under local rules of court, plus interest, plus costs. B ?r Edward L. Schoipp, Esquire PAID No. 17495 35 South Thrush Drive Carlisle, PA 17013 (717) 486-8386 Solicitor for Borough of Carlisle Date: e-1 f'--O,,6 VERIFICATION I, Stephen L. Margeson, Carlisle Borough Police Chief, acknowledge that I have the authority to execute this Verification on behalf of the Borough of Carlisle and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Stephen L. Margeson Police Chief Dated: ,6 17-og- X?I-,IT A E 01/04/2006 at 11:24 AM Job Number: 18235 SUBWAY AUTO BODY License #:135127 Federal ID #:251854056 Subway Auto Body collision Center Co. 1231 Ritner Highway Carlisle, PA 17013-9381 _(71.7),243=9978__Fax;A7.17)24377379..____._ PRELIMINARY ESTIVATE Written By: Jeff Nailor #134075 Adjuster: Insured: Carlisle Police owner: Carlisle Police Address: Day: Evening: claim # Policy # Deductible: Data of Loss: Type of Loss: Point of Impact: Inspect SUBWAY AUTO BODY Location: 1231 Ritner Highway Carlisle, PA 17013-9381 Business: (717)243-9978 -- Insurance Days to Repair Company: 2000 CHEV IMPALA 6-3.8L-FI 4D SED Silver Int: VIN: 2G1WF5 5R3Y9380123 Lic: Prod Date: odometer: Air Conditi oning Rear Defogger Tilt Wheel Intermittent Wipers Body Side Moldings Dual Mirr ors Roof Consol e Traction Control Clear Coa t Paint Parer Steering Power Brakes Power Windows Power Locks Power Mirrors AM Radio FM Radio Stereo Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag 4 Wheel Disc Brakes Cloth Seats Split Bench Seats Automatic Transmission Overdrive Aluminum/Alloy Wheels ------ ----- ---------- -------------' ----------- NO. ----- OP. -------------------------- DESCRIPTION --------------------------- QTY EXT. PRICE ---°---------- LABOR PAINT ------------- ----------- 1 ----- ----- FRONT BUMPER 2 O/H front bumper 2.0 3 Repl Bumper cover Impala 1 391.61 Incl. 2.8 4 Add for Clear Coat 1.1 5 Repl Energy absorber 1 130.03 Incl. 6 Repl Impact bar 1 126.24 Incl. 7 Repl RT Mount bracket 1 17.82 0.7 8 Repl LT Mount bracket 1 17.82 0.7 9 Repl Upper support 1 52.10 Incl. 10 Repl Grille 1 122.95 Incl. 11 Repl Molding 1 117.02 Incl. 12 Repl LT Reinforcement 1 7.71 Incl. 13 Repl Center bracket 1 17.21 14 Repl Lower support 1 23.66 Incl. 15 FRONT LAMPS 16 Repl LT Headlamp assy 1 255.35 Incl. 17 Aim headlamps 0.5 18# Rpr Wire Harness 1.5 19 R&I RT Headlamp assy Incl. 20 Repl IT Connector wire 1 68.41 21 Repl LT Headlamp easy retainer 2 8.12 22 COOLING 23 Repl Radiator support 1 262.00 s 8.3 1.5 24 Evacuate i recharge m 1.4 25 Repl Radiator WED cooling 1 396.60 m Incl. 26# Repl Coolant 1 24.00 27 Repl Diagonal brace shield 1 4.09 28 Repl Fan assy w/HD cooling 1 281.15 m Incl. 1 01/04/2006 at 11:24 AM 18235 Job Number: PRELIMIN RY ESTIMKTE 2000 CHEV IMPALA 6-3.8L-FI 4D SED Silver Int: --------- NO. ------- OP. DESCRIPTION - QTY ----- EXT. PRICE LABOR - ---- ---- PAINT ----- _29. _ _Repl.hooler ipe lfllvar 1 27.53 m 0.7 30 Repl Cooler pipe upper 1 43.66 m 0.7 - 31 Repl Lower deflector 1 44.66 0.3 32 AIR CONDITIONER 6 HEATER 33 Repl Condenser 1 228.81 m Incl. 34 Refrigerant recovery m 0.4 35 FRONT DOOR 1 1 36 Blnd LT Door shell . 37 R&I LT Belt w'strip 0.5 38* R&I IT Body side mldg 0.3 39* R&I LT Mirror assy 0.3 40 R&I LT Handle, outside black 0.3 41 42 Repl HOOD Hood 1 513.59 1.0 3.0 43 Add for Clear Coat 1.2 44 Add for Underside(Complete) 1.5 45 Repl Support 1 18.63 Incl. 46 Repl Latch 1 36.20 Incl. 47# r Set LTD and Measure 2.0 F _ N 48# Repl Collision Time Pull Square Body/Unibody/Frame 49 FENDER 50 Rapl IT Fender 1 248.17 2.5 2.0 51 overlap major Adj. Panel -0.4 52 Add for Clear Coat 0.3 53 Add for Edging 0.5 54 Repl LT Fender liner 1 37.94 Incl. 55 Blnd RT Fender 1.0 56* R&I LT Body side mldg 0.2 57* R&I RT Body side mldg 0.2 58 Repl LT Upper rail 1 $0.22 s Incl. 0.7 59 Overlap minor Panel -0.2 60 Repl LT Apron reinf 1 20.97 s incl. 61 Repl LT Splash shield 1 8.52 incl. 62 Repl LT Apron panel 1 171.57 a 7.5 1.0 63 overlap minor Panel -0.2 64 Deduct for Overlap -1.0 65 Deduct for Overlap -1.0 66 FRONT SUSPENSION 67 Repl Engine cradle 1 700.64 m 4.5 68# Subl Alignment/Two Wheel 1 49.95 T 69# Subl E.P.C. 1 3.50 70# Repl Car Cover 1 -- 5.00 --------- T -- 0.2 -------- --------- --------- ------- ------------------------------ Subtotals => --- 4563.45 38.7 16.9 Line 48 : Side sway in front Parts 4508.50 Body Labor 32.7 hrs @ $ 42.00/hr 1373.40 Paint Labor 16.9 hrs 8 $ 42.00/hr 709.80 Frame Labor 6.0 hrs @ $ 48.00/hr 288.00 Paint Supplies 16.9 hrs @ $ 22.00/hr 371.80 Sublet/Misc. --- -------- ---- -- -- ----------- 54.95 ------- -------------- - SUBTOTAL $ 7306.45 Sales Tax $ 7306 --- .45 ---- @ 6.00009 ----------- 438.39 ------- ------------------ GRAND TOTAL -------- - $ 7744.64 ADJUSTMENTS: Deductible 0.00 01/04/2006 at 11:24 AM Job Number: 18235 pRELII4INAR7 &STIAATE 2000 CHEV IMPALA 6-3.8L-FI 4D SED Silver Int: ---------------------------------------------------- CUSTOMER PAY $ 0.00 INSURANCE PAY $ 7744.84 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: D-DISCONTINUED PART A -APPROXIMATE PRICE B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P-PAINT LABOR S=STRUCTURAL T-TAXED MISCELLANEOUS X=NON TAXED MTCrATTAWzOUg AnT AnJACRNT ALGN ALIGN A/M A_rMRMAjWT BLND=BLEND CAPA-CERTIFIED AUTOMOTIVE PARTS ASSOCIATION DiR=DISCONNECT AND RECONNECT EST-ESTIMATE EXT. PRICE-UNIT PRICE MULTIPLIED BY THE QUANTITY INCL-INCLUDED MISC-MISCELLANEOUS NON-ADJ-NON ADJACENT O/H-OVERHAUL OP-OPERATION NO-LINE NUMBER QTY-QUANTITY QUAL RECY-QUALITY RECYCLED PART QUAL REPL-QUALITY REPLACEMENT PART COMP REPL PARTS-COMPETITIVE REPLACEMENT PARTS RECOND-RECONDITION REFN-REFINISH REPL=REPLACE RaI=REMOVE AND INSTALL ReR=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT-SECTION SUBL-SUBLET LT-LEFT W/0 WITHOUT W/ -PITH/ #-MANUAL LINE ENTRY *=OTHER fIE..MOTORS DATABASE INFORMATION WAS CHANGED]. **-DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE NAGS-NATIONAL AUTO GLASS SPECIFICATIONS. MQVP=MANUFACTURER'S QUALITY AND VALIDATION PROGRAM.OPT OEM-ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. THE ATTACHED ESTIMATE REPRESENTS AN APPRAISAL OF THE COST OF REPAIR FOR THE VISIBLE DAMAGE TO THE VEHICLE NOTED AT THE TIME OF INSPECTION NECESSARY TO RETURN THE VEHICLE TO ITS PREDAMAGED CONDITION. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. INFORMATION REGARDING REPAIR FACILITIES WHICH WILL BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IS AVAILABLE FROM THE INSURANCE COMPANY. IF USED PARTS ARE SPECIFIED, THEY ARE REQUIRED TO BE OF LIKE KIND AND QUALITY TO THOSE BEING REPLACED. INCIDENTAL CHARGES SUCH AS TOWING, PROTECTIVE CARE, CUSTODY, STORAGE, DEPRECIATION, BATTERY AND TIRE REPLACEMENT ARE NOTED WHEN APPLICABLE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide DR1CB00 Database Date 12/2005, CCC Data Date 12/2005, and the parts selected are OEM-parts manufactured by the vehicles original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) parts are OEM parts that may be provided by or through alternate sources other than the OE/Vehicle dealerships. OPT OEM parts may reflect some specific, special, or unique pricing or discount. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations. Non-Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Racy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Some 2006 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. 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Vehicle Condition Ratings q Excellent ERR= $4,975 'Excellent' condition means that the vehicle loo new, Is in excellent mechanical condition and needs no reconditlonin This vehicle has never 8 Finan > Get a Nei 5.39% A > Get a Pre from 6.45 • Your Crec + Get a Pre - a C Ui W y .. ?p Ill ro W __ x.41 P l F SHERIFF'S RETURN - REGULAR It CASE NO:%2006-03473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE BOROUGH OF VS MOORE CHRISTOPHER M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOORE CHRISTOPHER M the DEFENDANT , at 1105:00 HOURS, on the 30th day of June 2006 at 1128 PHEASANT DRIVE NORTH CARLISLE, PA 17013 by handing to CHRISTOPHER MOORE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage 1.26 Surcharge 10.00 R. Thomas Kline .00 33.66./ 07/20/2006 (), BOROUGH OF CARLISLE 9- z 2 -0 4 Sworn and Subscibed to By: before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE 1JO: 2006-03473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE BOROUGH OF VS MOORE CHRISTOPHER M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CUMMINGS BENTON J but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 20th , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 > Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County 00 62.25 ? ?•d?-o4 07/20/2006 BOROUGH OF CARLISLE Sworn and subscribe to before me this day of A. D. In The,Court of Common Fleas of Cumberland County, Peniisylvahla Borough of Carlisle vs. Christopher M. Moore et al SERVE: Benton J. Cummings No. 06-3473 civil Now, June 20, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to the contents thereof. Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT copy of the original So answers, Sheriff of County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania . BOROUGH OF CARLISLE vs County of Dauphin CUMMINGS BENTON J Sheriff's Return No. 1113-T - - -2006 OTHER COUNTY NO. 06-3473 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CUMMINGS BENTON J the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 26, 2006 DEFENDANT HAS NOT LIVED AT THIS LOCATION FOR OVER A YEAR; PER MOTHER ALMA WHITE; UNKNOWN WHERE HE IS LIVING. C- Sworn and subscribed to before me this 28TH day of JUNE, 2006 'Ile X(-? NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 (j)ffitre Of 14je ?4,erfff So Answers, ? ?* e?? Sheriff of Dauphin County, Pa. By kAJ,? e ?an Deputy Sheriff Sheriff's Costs:$37.25 PD 06/23/2006 RCPT NO 218938 KLINGER BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3473 CIVIL TERM : IN TRESPASS PRAECIPE Please reinstate the complaint previously filed in the within action and transmit the same to the Office of the Sheriff for service on Defendant Benton J. Cummings. Date: ?- By. Edward L. Scho p, Esq. Solicitor for Borough of Carlisle ?a ? ?y 6....•?. p,,;??? .u?: t?' c ?'? «"" ,? 1`l ?', 1 ??_ t?7 ?. BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3473 CIVIL TERM IN TRESPASS PRAECIPE Please enter judgment as to liability against Defendant Christopher M. Moore for failure to plead or otherwise respond to the Complaint in the within action. I certify that Notice pursuant to PA.R.C.P. No. 237.1 was served on said Defendant on August 31, 2006, a copy of which is attached hereto. Date: By Edward L. Schorpp, Esq. Solicitor for Borough of Carlisle -1 BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO: Christopher M. Moore, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3473 CIVIL TERM IN TRESPASS IMPORTANT NOTICE YOU ARE IN DEFAULT.BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 249-2663 (fax) Date:/?ccsr Edward L. Schorpp, sq. T_ l ?W (V? V -Z ol;ZJN 1^' cr, SHERIFF'S RETURN - REGULAR CASE NO: 2006-03473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE BOROUGH OF VS MOORE CHRISTOPHER M ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUMMINGS BENTON J the DEFENDANT , at 2048:00 HOURS, on the 28th day of November , 2006 at 37 SUSSEX DRIVE CARLISLE, PA 17013 by handing to IDA WHITE, GRANDMOTHER 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: So Answers: Docketing 18.00 Service 4.40 Postage •39 f Surcharge 10.00 R. Thomas Kline .00 32.79 11/29/2006 BOROUGH OF CARLISLE i 11A)b G ?1- t Sworn and Subscibed to By: before me this day 16eputy Sheriff of A. D. t 4b BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3473 CIVIL TERM : IN TRESPASS PRAECIPE Please enter judgment as to liability against Defendant Benton J. Cummings for failure to plead or otherwise respond to the Complaint in the within action. I certify that Notice pursuant to PA.R.C.P. No. 237.1 was served on said Defendant on December 21, 2006, a copy of which is attached hereto. Date: By Edward L. Sc orpp, sq. Solicitor for Borough of Carlisle i ? BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO: Benton J. Cummings, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3473 CIVIL TERM : IN TRESPASS IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 249-2663 (fax) Date: 102--?'l -0(?; Edward L. Schorpp, Esq. 0 rv 4 ao» CAI) -a N m ?Y - BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3473 CIVIL TERM IN TRESPASS PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Borough of Carlisle, the Plaintiff in the above action, filed to No. 06-3473 Civil, respectfully represents that: (1) The above-captioned action is at issue as to damages only as to both defendants as of January 3, 2007; default judgments as to liability were entered against both defendants. (2) The claim of the Plaintiff in the action is $4,975.00 plus unliquidated punitive damages within arbitration limits; No counterclaims have been filed. (3) Selection of arbitrators by the Prothonotary from the alphabetical roll is waived, and the Court is requested to appoint said Arbitrators. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as Arbitrators: Edward L. Schorpp, Esquire, Solicitor for Carlisle Borough. Both defendants are pro se. a : s WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. 02• B Y Edward L. Scho , Esq. 35 S. Thrush Drive Carlisle, PA 17015-7652 717.486.8386 Solicitor for Carlisle Borough Q f t r V CD V ' n Q ..V ? r BOROUGH OF CARLISLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3473 CIVIL TERM CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants : IN TRESPASS ORDER OF COURT AND NOW, 2007, in consideration of the foregoing Petition, 7)? , Esquire, Esquire, and Esquire, are appointed Arbitrators in the above- captioned action, as prayed for. the Court, f P.J. G"P as 01 CAP` Lr 00 * ,A i { T4. 9 0 .C d ZZ 0J LOOZ A `r'J ? 4 4+ acs 3,H l , 0 BOROUGH OF CARLISLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER M. MOORE AND BENTON J. CUMMINGS, DEFENDANTS 06-3473 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2007, the appointment of Susann B. Morrison, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Michael O. Palermo, Jr., Esquire, is appointed in her pl By the Edgar B. Bayley,4- ?R. Mark Thomas, Esquire Chairman /Michael O. Palermo, Jr., Esquire Court Administrator sal Ma?? DKe ?" '" "' ?, ;S Y j ? ? . _? ? ?G> i- [ `-'-'? " i1"y ? ??' N t? cyt -- ? i. ? ,r- c Q N !7D!`B p'? ?? lis f e Plaintiff Ghr?sfy e.^ JAI. 4,a9fe, -ad Carnml ,5 Defendants Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fi 'ty. Signature le. 00 4 - Name (Chairman) Crate Law Firm ion s ? ??? .sf Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. 64 --- 3 Y 23 Civil Action - Law. r Signature 5. /? lcl-l Name Law Firm /P& w. awls '5x Address 'e137 /sec-iae«sik??/?i? /,V City, Zip City, zip Signature 41! 14?O.400Z Name ?veylirl on ,?' Gc??? Law F' /SS-5. /rat.1oO' S7. Address Corti" /° .7o? City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) M? Date of Hearing: o?y a07 040 (Chairman) Date of Award: a d7?{ o?tdU? 10JTL Notice of Entry of Award Now, the _ a" day of May , 20 , at a : ,q& , P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350. QO By: Prothonotary Deputy . Arbitrator dissents. (Insert name if applicable.) her M 5 0? C7 rv C= FIR i! ?yr© pT ?r ?rs ?e. Plaintiff ?rJ't"pr1 ?j , Currlrryi/19,5 Defendants Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fi 'ty. Signature le. (Chairman) 6grne Law Firm /d/ .s /1Ta.- f S7? Address In The Court of Common Pleas of Cumberland County, Pennsylvania No. Ci - y Civil Action - Law. Signature Name Law Firm /M A). Po.?rl?fSf, Address r-? Signature 41? 41el d Name Law FirtK Ass S. // Address Nee4tiyim /X/2o^ R x,'13 C4.4s? le? 174L.3. City, Zip city, zip city, zip 4tp t 113106 # (013g5 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator 'ssents. (Insert name if applicable.) Date of Hearing: o? `/ a0107 (Chairman) , Date of Award: d v?f ;W 7 Notice of Entry of Award Now, the day of M&v , 20 , at a : y(o _E _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $-,350. 4k2 By: Prothonotary Deputy Mai feet C? Sehcf PP' ? ben,fon ?' c?mrn re A " ? M Chrt54OPher 5, DIt? ??. arc v mor T 6,@ BOROUGH OF CARLISLE, Plaintiff V. CHRISTOPHER M. MOORE and BENTON J. CUMMINGS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3473 CIVIL TERM : IN TRESPASS PRAECIPE Pursuant to the Award of Arbitrators in this action, please enter judgment in favor of the Borough of Carlisle against Defendants Christopher M. Moore and Benton J. Cummings, jointly and severally, in the amount of $5, 475.00, plus interest and costs. Date: By Edward L. Schorpp, Esq. Solicitor for Borough of Carlisle z n (?1 ?C V C7 C. V,!r jv ^S K? C? TN- na N W 0 _.n M F AC) -. m -?C Tl ___ _- ' %~ ~~1~ t'-1OT~l~i1V 1ri ~~~ ZI2 AU6 3) PM t ~ 39 ~U~~ ADD CUt1N'TY ~ ~Y'~VANIA BOROUGH OF CARLISLE, IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVA Plaintiff NO. 2006-3473 v. CHRISTOPHER M. MOORS and BENTON J. CUMMINGS, Defendants, CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned matter satisfied upon y docket and indices. BOROUGH OF CARLISLE LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. Date: August 31, 2012 BY: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Borough of Carlisle QWL~` .~~ a ~~ n ~?~ goll$