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HomeMy WebLinkAbout06-5985Commonwealth of Pennsylvania Court of Common Pleas County of Cumberland 9th Judicial District PRAECIPE TO ENTER JUDGMENT/ ENTRY OF JUDGMENT Cumberland County Adult Probation V. Shane H Mckinney, Defendant Civil Docket No: O? sys5 Praecipe to Enter Judgment To the Prothonotary: Enter Judgment in favor of Plaintiff, Cumberland County Adult Probation, against Defendant, Shane H Mckinney 105 Westview Drive Mechanicsburg, PA 17055, with respect to Criminal Docket No. CP-21-CR-0002407-2005 in the amount of $1,327.00. OCT 12 2006 C p? Date Clerk of Courts Seal: Entry of Judgment AND NOW, this day of ,20.0,' . Judgment is entered in favor of the Plaintiff and against the Defendant in the amount set forth above, plus a $19.50 judgement satisfaction fee. 7 Prot onotary ---?-- . AOPC 2215 REV. 10/10/2006 4 Commonwealth of Pennsylvania Itemized Account of Fines, Court of Common Pleas Costs, Fees, and Restitution County of Cumberland 9th Judicial District Commonwealth of Pennsylvania V. Shane H. McKinney Shane H Mckinney 105 Westview Drive Docket No: CP-21-CR-0002407-2005 Mechanicsburg, PA 17055 Assessments to be paid by Shane H Mckinney Distribution Assessment Costs/Fees Account Balance District Attorney (Forensic Laboratory) CUMBERLAND CTY DA $105.00 Bail Poundage (Cumberland) CTY - 21 $0.00 Bond Posting (Cumberland) CTY - 21 $17.00 Bail Forfeiture - County CTY - BFOR $0.00 State Court Cost (Act 204 of 1976) COMM - COST $9.37 Commonwealth Cost - HB627 (Act 167 of 1992) COMM - CST1 $8.03 County Court Costs (Act 204 of 1976) CTY $26.10 Crime Victims Compensation (Act 96 of 1984) COMM - CVC $35.00 Domestic Violence Compensation (Act 44 of 1988) COMM - DVC $10.00 Victim Witness Services (Act 111 of 1998) COMM - VWS $25.00 Firearm Education and Training Fund (158 of 1994) COMM - FETA $5.00 JCP COMM - JCP $8.00 ATJ COMM - ATJ $2.00 Substance Abuse Education (Act 198 of 2002) COMM - SAE $50.00 Substance Abuse Education (Act 198 of 2002) CTY $50.00 District Attorney (Cumberland) CTY - 21 $17.00 Plea Fee (Cumberland) CTY - 21 $135.00 Administrative Fee (Cumberland) CTY - 21 $45.00 Sheriff Costs (Cumberland) CTY - 21 $1.50 Automation Fee (Cumberland) CTY - 21 $5.00 Non DUI Central Processing Cost (Cumberland) CTY - 21 $200.00 Traffic Report Costs (Cumberland) CTY - 21 $8.00 Emergency Medical Services (Act 45 of 1985) COMM - EMS $10.00 CAT/MCARE (Act 13 of 2002) COMM - MCARE $30.00 $802.00 Fines Crimes Code, etc. CTY $25.00 Title 75, Motor Vehicle COMM - MLF $250.00 Title 75, Motor Vehicle MC $250.00 $525.00 Balance Due: $1,327.00 1 hereby certify that as of the date indicated below, Shane H Mckinney is indebted to the County of Cumberland for the sum of $1,327.00, which is the balance due of all fines, costs, fees, and restitution that have accrued as of this date in the above-captioned case. Original Case Balance: $2,327.00 Dennis E Lebo Clerk of Courts Clerk of Courts of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 AOPC 2123 REV. 10/09/2006 Printed On: 10/9/2006 4 Date Dennis E Lebo Dennis E Lebo Clerk of Courts Clerk of Courts of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 AOPC 2123 REV. 10/09/2006 Printed On: 10/9/2006 ?7: n 3 rb P D C'J 1 `rl? ut r RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 Heather E. Klebe, Esquire Identification No.: 201310 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, PA 17101 (717) 234-7700 Attorneys for Defendant, J.B. Hunt Transport, Inc. CHRISTOPHER L. WOLFE Plaintiff, VS. J.B. HUNT TRANSPORT, INC. and STEPHEN HUBER Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 5985 - 2007 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. & 1446(d) TO THE CLERK OF THE COURT: Pursuant to 28 U.S.C. § 1446(d), defendant, J. B. Hunt Transport, Inc., files 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 December .5 , 2007. Date: 12151 p1 RAWLE & HENDE N LLP By: Cary-N. Stewart, Esquire Heather E. Klebe, Esquire Attorneys for Defendant, J. B. Hunt Transport, Inc. 2216659-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Counsel for Plaintiff Dated. RAWLE & HEN LLP By: N. Stewart, Esquire 24 5 co Heather E. Klebe, Esquire ? 2216659-1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRISTOPHER L. WOLFE VS. Plaintiff, J. B. HUNT TRANSPORT, INC. and STEPHEN HUBER Defendants. : CIVIL ACTION NO. JURY TRIAL DEMANDED : NOTICE OF REMOVAL FILED : DECEMBER 5, 2007 NOTICE OF REMOVAL TO THE HONORABLE JUDGES IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Defendant, J. B. Hunt Transport, Inc., by and through its attorneys, Rawle & Henderson LLP, respectfully aver as follows: 1. Plaintiff commenced a civil action against defendants in the Court of Common Pleas of Cumberland County, Pennsylvania, with the filing of a Writ of Summons on or about October 11, 2007, as a result of an October 21, 2005 incident involving an accident that occurred while defendant was delivering merchandise. See Exhibit "A" - Plaintiff's Writ of Summons. 2216628-1 2. On or about November 5, 2007 defendant filed a Rule to File Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. See Exhibit "B" - Defendants' Rule to File Complaint. 3. On or about November 30, 2007, plaintiff filed a complaint sounding in negligence as a result of the above captioned accident. See Exhibit "C" - Plaintiff's Complaint. 4. Upon information and belief, the defendant, J. B. Hunt Transport, Inc. was served on or about December 3, 2007 with Plaintiff s Complaint. 5. In Plaintiff's Complaint, plaintiff Christopher L. Wolfe alleges that he sustained: 11. As a result of the action and conduct of the Defendant, the Plaintiff suffered severe personal injuries. These injuries include but are not limited to: Herniated disc at the L-4 L-5 level of the low back, herniated disc of the L-5 S-1 level of the low back, right radiculopathy, low back pain, nerve damage in low back, complications from nerve damage in low back, lumbar radiculitis, aggravation of degenerative disc disease in lumbar spine, lumbosacral strain sprain, urological complication from low back injury, discogenic and radicular pain in low back, disc protrusion at the L-4 L-5 and, L-5 S-1 level of the low back, bilateral radicular pain, thecal sac impingement at the L-4 L-5 level of the lower back and impingement of the thecal sac at the L-5 S-1 level of the lower back. 18. The Plaintiff believes and therefore avers that he will have permanent limitation in his physical ability to do personal and vocational activities as a result of the injuries sustained in this accident. The total amount of this loss is uncertained at this time. 2216628-1 19. The Plaintiff has in the past and will in the future undergo great pain and suffering. 20. The Plaintiff believes and therefore avers that he will be susceptible to future injuries as a result of the incident. 21. As a result of the injuries sustained, the Plaintiff has been obliged to receive and undergo medical treatment, incur medical expenses, the total amount of these which are unascertained at this time. 22. As a result of the injuries sustained, the Plaintiff has had to modify his personal activities and has had a substantial interference in his ability to enjoy life and its pleasures. 23. As a result of the injuries sustained, the Plaintiff has suffered a loss of income. In addition, the Plaintiff has a permanent loss of the ability to earn income into the future. The total amount of this loss is unascertained at this time. See Plaintiff's Complaint ¶¶ 11, 18 - 23 attached hereto as Exhibit "C." 6. Based upon a fair reading of the Complaint, plaintiff has set forth a claim in which an amount in excess of the jurisdictional limit of $75,000.00, exclusive of interest and costs, may be at stake. 7. At all times material hereto, defendant, J. B. Hunt Transport, Inc., is and was a Georgia corporation with its principal place of business located in Lowell, Arkansas. 8. Upon information and belief, defendant Stephen Huber is a citizen of the State of Maryland and upon information and belief resides at 30112 nd Avenue, Parkville BA, Maryland, 21234. See Plaintiff's Complaint attached hereto as Exhibit "C." 2216628-1 9. Undersigned counsel will enter an appearance on behalf of Defendant, Stephen Huber, when he is properly served by the Plaintiff. 10. Plaintiff Christopher L. Wolfe is a citizen of the Commonwealth of Pennsylvania and upon information and belief, resides at 225 West Coover Street, apt. 16 Rear, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055. See Plaintiff's Complaint attached hereto as Exhibit "C." 11. Diversity of citizenship within the meaning of 28 U.S.C. §1332, exists between plaintiff and defendants since: (a) Plaintiff is a citizen and resident of the Commonwealth of Pennsylvania; and (b) Defendants are not citizens of the Commonwealth of Pennsylvania. 12. Furthermore, 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, such that defendants are entitled to removal pursuant to 28 U.S.C. §1441, as amended, and 28 U.S.C. §1446. 2216628-1 r WHEREFORE, defendant, J. B. Hunt Transport, Inc. prays that the above- captioned action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania, be removed therefrom to this Honorable Court. RAWLE & HENDERSON LLP By: Gad' Stewart, Esquire PA Identification No.: 67353 Heather E. Klebe, Esquire PA Identification No.: 201310 Attorneys for Defendant, J. B. Hunt Transport, Inc. Payne Shoemaker Bldg., 9 h Flr. 240 North 3rd Street Harrisburg, PA 17101 gstewart@rawle.com hklebe@rawle.com (717) 234-7700 (717) 234-7710 - Fax Dated: 5 01 Our File No.: 250371 I Z.1 I 2216628-1 4 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing pleading was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Counsel for Plaintiff Dated: r? 2151 ?'? v RAWLE & HENDE P By: Gary N. Stewart, Esquire Heather E. Klebe, Esquire Attorneys for Defendant, J. B. Hunt Transport, Inc. 2216628-1 C-I rllzl C) :. .? ..n 2- Tl-I "?3 t CF".