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Home My WebLink About95-01131 ',"'. ~t;t:\ ~{e}jj,t~~. ' 't~.; ~, ".E : c;!~: q~:' 'i~~:.'. C', " ~;~ : , , ,~, '- --- (Y) - '-.- ,1 ";; ,i. WILLIAM p, DOUGLAS, ESQUIRE ATIY, 1.0. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27W,HIGHST, POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF ! , , l! CLARENCE E, CHESTNUT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO, 1995 - ( IJ ( CML TERM CATERPILLAR, INC, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. " t I Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa. 17013 717-240-6200 COMPLAINT 1. The plaintiff, Clarence E, Chestnut, is an individual residing at R,O, 2, Box 197 A, Upper Mifflin Township, Cumberland County, Pennsylvania, 2, The defendant, Caterpillar, Inc" is a corporation having a place of business at 214 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 3, Prior to October 4,1993, the defendant designed and manufactured a Caterpillar Track Lift 955L, 4, The defendant knew Ulatif the said Caterpillar Track Lift 955L was designed or manufactured in a defective condition, It would be unreasonably dangerous, 5, The defendant knew that the user would use the said Caterpillar Track Lift 955L wlUlout any substantial change in the product. 6, On October 4, 1993, the plalntUf was operating the said Caterpillar Track Lift 955L on Wolf's Bridge Road, Cumberland County, Pennsylvania, in the course and scope of his employment with John F, Waller Excavating, Inc" 1 Mill Road, Newville, Cumberland County, Pennsylvania, when it would not start, 7, The plaintiff went to the fan, where he attempted to move the fan with his left hand, with the intention of then going back and again trying to start the Caterpillar Track Lift 955L, The said piece of equipment suddenly and unexpectedly started, trapping the fingers of the plaintiff's left hand in the fan shroud, 8, As he was by himself, and knew there was no aid nearby, the plaintiff took out his pocket knife and cut off three of his fingers, In order to release himself from Ule Caterpillar Track Lift 9551. 9. The Track Lift 955L was unreasonably dangerous, and was not fit for its intended use, 10, As a result of the aforesaid, Ule plaintiff has lost two fingers of his left hand, 11. As a result of the aforesaid accident, the plaintiff has 80% to 85% loss of use of his left hand, . \' ('J By \-1.:\, -r . Attorney for Plaintiff 1 WHEREFORE, plaintiff claims a sum from the defendant In excess of the amount requiring compulsory referral to arbitration under the local rules of Court, DOUGLAS, DOUGLAS & DOUGLAS '1) COMMONWEALTH OF PENNSYL VANIA ) SS, COUNTY OF CUMBERLAND ) Clarence E, Chestnut, being duly sworn according to law, deposes and says that Ule averments in the within pleading are true and correct, to the best of signer's knowledge, information, and belief. I~-' - -,7// --II LJ t!.'t~"l.2"\J..f !L {;:r;v,IJ~1.-ic..r Clarence E, Chestnut Sworn and subscribed to before me this ,,";'6 day of February, 1995. WLv~\;\;\ ~f Notary Nofartal SooJ Anno M, Cox..Nolruy NlIIc: Cl>~,., gore, Cumbod.iJYj 0l00Iv My C:JIHii'Sticn ~"'~J July 14,1997 ~ . \ r . . ~ ....,. M en "r )- ..r. ~.. .t .. t -:..' u... ~ _ . . 1..2. ~_~ (,:: u..yn_ \", '..', :", :,'~! '::~ ::'~~l~t~:'j ....f. t':'1 I.. ~:. c' N ~ I.-, h ~'~f ~ ~ \~ - ~ ~ '-.... --J~ N ..... .....J"-l ~ .... "'-\ '") ~~-''1 , , " , . " I ' . , I. ..... ~ ::a::: " SHIl:JU Fl" fI N;:<rUfUol 1 I II L CAflll: NO. ~99S-0~~3~ P COKHONWIl:AL<rH OF PIl:NNflYLVANXA. COUN<rY OF CUHBg~D CHll:s<rNum CLARmNCQ Ii: VfI. CATIl:IU>XLLAI'- rNC DONALD HAIU>QI'- ' She~1rr o~ Deputy Ohe~1rr or CUHBIl:~D county, penngy~van~a, who b.~n9 du~y gwo~n acco~d~n9 to 1aw, gaYR, that he gQ~vad the w~th1n COMPLArNT upon CATll:lU>rLLAI'- XNC the d.tandant:. at '11.120 HOURS, on the 8th day or Marah , ~9!i!A at 2~4 SIl:NATIl: AVIl:NUIl: CAMP HXLL, PA ~70~~ county, P.nngy~van~a, by hand~n9 to SIl:CIU:TAI'-Y , CUHBIl:IUoAND , MrC'HIl:LLIl: MOCK a true and att:.agtad copy or the COMPLArNT , and at tn. aame t~ma d~~.cting ~ attont10n to the contantg tharaor. ~B.OO B.40 .00 2.00 ..........:',..-->,r.".~ ,"'<" ,-.......~. '-oj,- ....... ~.r R... Thomaa KJ...:lna, /,,0~7 ...., ~~~:~;;.~-~ 8hQr.:i.rr' A C:OJiltlill Docl<et~n9 Sarv:LcCl Arr~dav~t flu~cha~ge So anaWQrliil' flhe~~rr G2f1.40 ATTY. WrLLrAM P. DOUQLAfI 03/~0/~99S by - ./ " ~ /'L,'/ "",./ y 'J " , --:ff Deputy Sh"~ rr .' Sworn and gUbgCc~bQd to baror. mo th~g I'>!!- day or Ill' .d.' ~9 '1.. A.D. Y (I 7 " J -r 17'J. ( L-t,..l/'t J~'t Prothonot r ~ WHITE AND WILLIAMS By: Francis P. Devine, III Ronald L, Daugherty Identification Nos, 17162/59115 1800 One Liberty Place Philadelphia, PA 19103-7395 (215) 864-7033/6344 Attorneys for Caterpillar, Inc, CLARENCE E. CHESTNUT, Plaintiff, COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PA CIVIL ACTION - LAW NO, 1995~131 CIVIL TERM JURY TRIAL DEMANDED v. CATERPILLAR INC, ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Caterpillar, Inc, in connection with the above-captioned civil action, By FRANCIS RONALD L Attorneys for Dated: March 29, 1995 lOOOESBE.wrs , CERTIFICATE OF SERVICE I, Ronald L, Daugherty, hereby certify that true and correct copies of the Entry of Appearance for Caterpillar, Inc, was served on March 29, 1995, by first class mail, postage prepaid, upon the following counsel of record: William Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street Carlisle, Pennsylvania 17013 (Attorneys for Plaintiff) lOODE6DO.WP5 ::::: >.. ~ - ::to: "::or '. , In , :...: "'" ('ft <::) - -- , <'>-, " "= :i;! <, \ WHITE AND WILLIAMS By: Francis P. Devine, III Ronald L. Daugherty Identification Nos. 17162/59115 1800 One Liberty Place Philadelphia, PA 19103-7395 (215) 864-7033/6344 Attorneys for caterpillar, Inc. CLARENCE E. CHESTNUT, . . . . Plaintiff, v. CATERPILLAR, INC. Defendant. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND, PA CIVIL ACTION - LAW NO. 1995-1131 CIVIL TERM JURY TRIAL DEMANDED TO: THE PROTHONOTARY OF THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Pursuant to 28 U.S.C. ~ 1446(e), caterpillar, Inc. files herewith a certified copy of the Notice of Removal filed in the united states District Court for the Middle District of Pennsylvania on the 7th day of April, 1995. WHITE it WI By !{fitl Attorneys for C Dated: April 7, 1995 lrl ~n ~ ~l:: f.._ r- i.,{l ':::! C'_ i"J": "- ..:~ 1 " IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ]] ~ iI,' :,v'" \.4oiJ '-:.;J I..:J ~r" ~~.) . ,~' 'II (, (I . I I. 4- ) l_'~ , .' <:.jJ' ,...... p"-" \ 1-- , . I~ "-".J ........' .' _F.<I It,.*"" CLARENCE E. CHESTNUT, Plaintiff, CIVIL ACTION '-II_t:D HARRISBURG, PA ~PR 0'/1995 IMAY G, D:""DREA, CLERK Por c:p v. . . NO. CATERPILLAR, INC. Defendant. NOTICE or REMOVAL caterpillar, Inc., by and through its undersigned attorneys, hereby files a Notice of Removal of said case from the Court of Common Pleas of Cumberland County, Pennsylvania, in which it is now pending to the United States District Court for Middle District of Pennsylvania, and in support hereof, avers as follows: 1. This action was commenced by way of a Complaint filed in the Office of the prothonotary of the Court of Common ~leas of Cumberland county, Pennsylvania, on March 3, 1995. The Complaint is captioned Clarence E. Chestnut v. caterpillar, Inc. and is docketed as No. 1995-1131. 2. Plaintiff's complaint was served upon caterpillar, Inc. on March 8, 1995. 3. The C~mplaint avers that caterpillar, Inc. is somehow responsible to Plaintiff Clarence E. Chestnut for personal injuries suffered in an accident which occurred on March 4, 1993, due to alleged defects in a Caterpillar 955L Track Lift. 4. caterpillar, Inc. was, at the time this action 'tas commenced, and is at the present time, a corporat.iolJ, incorporated (' , " ,. . , ' .. .. ' . ;. . ,\ ,,; , .' '" ~', .~ : ..1;.) I..;' , L{) '1) :/').~ ..__._ . ;" ..... '" I i.!,,.ij 1~,.J,..I~I,.;'fl f.At.(!.. 'if I " ' (}, ,}. I'"r -/:J-~{i'4 ) . I i/1();/I\/~ Deputy Clork under the laws of the state of Delaware with its principal place of business in the State of Illinois. 5. Plaintiff was, at the time this action was commenced, and is at the present time, an adult individual who is a citizen of the commonwealth of Pennsylvania and who resides at R.D. 2, Box 197A, Upper Mifflin Township, cumberland county, Pennsylvania. 6. On information and belief, the value of the matter in controversy, based upon the allegations of the complaint, exceeds the amount of $50,000, exclusive of interest and costs. 7. The present lawsuit is removable from the state court to the United States District Court pursuant to 28 U.S.C. 51332 (a) (1) and 51441 (a). 8. Copies of all process, pleadings and orders which have been received by caterpillar, Inc. are filed herewith and are attached hereto as Exhibit "1". 9. This notice is timely, it being filed within thirty days of receipt by caterpillar, Inc. of a copy of the Complaint setting forth plaintiff's relief upon which the action is based. 10. caterpillar, Inc. will also file today a certified copy of the Notice of Removal and all attachments thereto with the Prothonotary of the Court of Common Pleas of Cumberland county, Pennsylvania. -2- WHEREFORE, notice is given that this action is removed from the Court of Common Pleas of Cumberland County, pennsylvania to the united states District Court for the Middle District of Pennsylvania. I e 3-7395 Dated: April 6, 1995 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CLARENCE E. CHESTNUT, Plaintiff, v. CIVIL ACTION NO. CATERPILLAR, INC. Defendant. AFFIDAVIT OF RONALD L. DAUGHERTY COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. RONALD L. DAUGHERTY, being of full age and duly sworn according to law, upon his oath deposes and states: 1. I am an attorney for caterpillar, Inc. in the above- captioned action and am authorized to make this Affidavit. 2. I have read the foregoing Notice of Removal and know the contents of same are true to the best of my knowledge, information and belief. 3. I declare under penalty of perjury that the foregoing statements made by me are true and correct. r~ R NALD L. Dated: April 6, 1995 .' EXHIBIT II!II 100- I..." .1 ~ . WILLIAM P. DOUGLAS, ESQUIRE A'ITY. I,D, # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 W, HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 A TIORNEY FOR PLAINTIFF ...... CLARENCE E, CHESTNUT IN THE COU!~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW NO, 1995. II :3( CIVIL TERM CATERPILLAR, INe. JURY TRIAL DEMANDED NOTICE You have been sued in Court, If you wish to defend against the claims set forth in tile 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 :'lET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, Pa, 17013 717-240-6200 TRUE COPY FROM RECORD In Testtmony whereof, lite"' unto set my hInf and, aeaJ of Id It at C&1JsIe. Pa. T 19 '1'~- DOUGLAS, DOUGLAS & DOUGLAS By Attorney for Plaintiff ---~--- COMPLAINT 1. The plaintiff, Clarence E, Chestnut, is an individual residing at R.D, 2, Box 197 A, Upper Mifflin Township, Cumberland County, Pennsylvania, 2, The defendant, Caterpillar, Inc" is a corporation having a place of business at 214 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 3, Prior to Octtlber 4, 1993.,the defendant designed and manufactured a Caterplllar Track Lift 955L, 4. The defendant knew that if the said Caterpillar Track Lift 955L was designed or manufactured in a defective condition, it would be unreasonably dangerous, 5, The defendant knew that the user would use the said Caterpillar Track Lift 955L without any substantial change in the product. 6, On October 4,1993, the plaintiff was operating the said Caterpillar Track Lift 955L on Wolf's Bridge Road, Cumberland County, Pennsylvania, in the course and scope of his employment with John F, Walter Excavating, rnc" 1 Mill Road, Newville, Cumberland County, Pennsylvania, when it would not start. 7. The plaintiff went to the fan, where he attempted to move the fan with his le't hand, with the intention of then goIng back and again trying to start the Caterr Illar Track Lift 955L, The said piece of equipment suddenly and unexpectedly started, trapping the fingers of the plaintiff's left hand in the fan shroud, 8, As he was by himself, and knew there was no aid nearby, the plaintiff took out his p:>cket knife and cut off three of his fingers, in order to release himself from the Caterpillar Track Lift 955L. 9, The Track Lift 955L was unreasonably dangerous, and was not fit for its intended use, 10, As a result of the aforesaid, the plaintiff has lost two fingers of his left hand, 11. As a result of the aforesaid accident, the plaintiff has 80% to 85% loss of use of his left hand, ...--.. ,.. WHEREFORE, plaintiff claims a sum from the defendant in excess of the amount requiring compulsory referral to arbitration under the local rules of Court. DOUGLAS, DOUGLAS & DOUGLAS ..... By Attorney for Plaintiff , COMMONWEALTH OF PENNSYL VANIA ) SS, COUNTY OF CUMBERL~D ... ) Clarence E, Chestnut, being duly sworn according to law, deposes and says that the averments In the within pleading are true and correct, to the best of signer's knowledge, Information, and belief, , . e l. (J eI.~ i,' ;j J!,a.~...,/ (', L1 1,..(. Clarence E. Chestnut Sworn and subscribed to before me this :\~'? day of February, 1995. ~.JL\;v\. ~ Notary NolariaI5eal AnneM,Cox~PI.b\l C.~1e ;)c<o, Ctn:bodand O),JOIV My "'"'T',1issllr'E"lO'\I3Ju!y 14,1007 . " J..+........._~_o.i...,?i.,~,,:--i....,;';,. .' ." a.. .t_: _...,.-.:: ,I, . . CBRTIFICATB OF SBRVICB I hereby certify that true and correct copies of the Notice of Removal and Affidavit of Ronald L. Daugherty were served on April 7, 1995 by hand delivery upon the following counsel of record: William Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street Carlisle, Pennsylvania 17013 {Attorneye ~~"l ,. ..',' ~i. i,..::"';'i. .I .;: '\-~1;' ~ ... " " ~-... ~ \" ..... 'I ,