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Home My WebLink About02-4317LAW OfFiCES SNELBAKER, BRENNEMAN & SPARE BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- /7 CIVIL ACTION - LAW 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 sixty (60) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Solicitor for Plaintiff LAW OFFICES SNEL~AKER, BReNNEMAN & SPARE BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff STAR TRANSPORT, 1NC. and MICHAEL E. MCCORMICK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- q2t7 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT Spare, P. C. submits this Complaint against the Defendants and in support thereof, states the following: BACKGROUND 1. Plaintiff, Borough of Mount Holly Springs, is a duly existing political subdivision of the Commonwealth of Pennsylvania with a principal address of 200 Harman Street, Mount Holly Springs, Pennsylvania. 2. Defendant Star Transport, Inc. is a corporate entity with a principal place of business and address at 230 Ashland Avenue, Box 909, Morton, Illinois, 61550. 3. Defendant Michael E. McCormick is an adult individual residing in Ragland, Alabama, with an address ofP. O. Box 362, Ragland, Alabama, 35131. 4. At all times relevant hereto, Defendant Star Transport, Inc. was the owner ora 2001 Peterbilt tractor trailer truck having a vehicle identification number of 1XP7DB9X31 D547495. 5. At all times relevant hereto, Defendant McCormick was an employee of Defendant Star Transport, Inc. and the driver and operator of the track identified in Paragraph 4, above. 6. On or about March 14, 2002 Defendant McCormick was driving the truck identified in Paragraph 4, above, in the Borough of Mount Holly Springs, in or about the intersection of North Plaintiff Borough of Mount Holly Springs, by its Solicitor, Snelbaker, Brenneman & LAW OFFICES SNelBakEr. BRENNEMAN & SPARE Baltimore Avenue (Pennsylvania State Route 34) and Mill Street, when he caused the truck he was driving to collide with and cause damage to the traffic signal control device owned by Plaintiff and located at the southeast corner of the intersection of North Baltimore Avenue and Mill Street. COUNT I Plaintiff Borough of Mount Holly Springs v. Defendant Michael E. McCormick 7. The averments of Paragraph 1 through 6, inclusive, above are incorporated by reference in this Paragraph in their entirety. 8. Defendant Michael E. McCormick was negligent, reckless and careless in the operation of the track owned by Defendant Star Transport, Inc. as identified in Paragraph 4, above, on March 14, 2002 as described in Paragraph 6, above, in the following particulars: a. By operating the track without regard for the location and placement of the traffic control device at the southeast comer of North Baltimore Avenue and Mill Street; b. By causing the track he was operating to collide with the traffic control device identified above; c. By failing to negotiate the turn at the intersection of North Baltimore Avenue and Mill Street without striking the traffic control device identified above; d. By operating the truck over, onto and/or upon the sidewalk adjoining North Baltimore Avenue and Mill Street and by doing so, striking the traffic control device identified above; -2- LaW OFFICES SnELBaKER. BrENNEMAN & SPAre By failing to stop the truck or change its course of direction before striking the traffic control device; and By failing to keep a proper lookout in the direction in which he was proceeding. 9. Solely as a direct, factual and proximate result of the negligence, carelessness and recklessness of Defendant McCormick as described above, the traffic control device was damaged. 10. Solely as a direct, factual and proximate result of the negligence, carelessness and recklessness of Defendant McCormick and the damages caused to the traffic control device, Plaintiff has been required to expend the amount of $ 8,330.93 to repair same and $149.34 in labor costs for employees, police and for fire police utilized on scene to provide assistance and traffic control while the traffic control device was disabled and being repaired. WHEREFORE, Plaintiff Borough of Mount Holly Springs demands judgment against Defendant Michael E. McCormick in the amount of $8,480.27, together with interest and costs of this action. COUNT II Plaintiff Borough of Mount Holly Springs v. Defendant Star Transport, Inc. 11. The averments of Paragraphs 1 through 10, inclusive, above are incorporated by reference herein in their entirety. 12. At all times described above, Defendant McCormick was acting within the scope of LAW OFFICES SNELBAKER, BRENNEMAN & SPARE his authority and employment as an agent, servant and employee of Defendant Star Transport, Inc. WHEREFORE, Plaintiff Borough of Mount Holly Springs demands judgment against Defendant Star Transport, Inc. in the amount of $8,480.27 together with interest and costs of this action. The amount claimed in this action does not exceed the amount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: September 10, 2002 BY: Keith O. Breuneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Borough of Mount Holly Springs -4- SNEIBAKEr. BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unswom falsification to authorities. I hereby state that I am authorized on behalf of the Borough of Mount Holly Springs to execute this Verification. cherYl D~7~mith, Borough Secretary Date: September 10, 2002 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff V. STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4317 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND ) SS. I, Keith O. Brenneman, Esquire, being duly sworn according to law depose and say: that I am the Solicitor for Plaintiff Borough of Mount Holly Springs; that on September 11, 2002 I served upon Defendant Michael E. McCormick by certified mail, restricted delivery, return receipt requested, Parcel No. 7000 1670 0008 5047 2858 a certified copy of the Complaint filed in the above-captioned action; that the certified copy of the Complaint was received by Defendant Michael E. McCormick on September 16, 2002; that attached hereto and incorporated by reference herein as "Exhibit A" is the original Certified Mail Receipt and Domestic Return Receipt noting the mailing and receipt of the Complaint as noted above; that attached hereto and incorporated by reference herein as "Exhibit B" is a copy of the letter dated September 11, 2002 transmitting the certified Complaint to Defendant Michael E. McCormick as aforesaid; that service of the Complaint as described above upon Defendant Michael E. McCormick who is a resident outside the Commonwealth of Pennsylvania complies with Pa.R.C.P. 404(2) and LAW OFFICES SNELbAKEr, BRENNEMAN & SPARE Pa.R.C.P. 403; and that the facts stated above are true and correct to the best of my knowledge, information and belief. Date: September 20, 2002 Keith O. Brenneman, Esquire Solicitor for Borough of Mount Holly Springs, Plaintiff Sworn to and subscribed before me this 20th day of September, 2002. Notary Publ~] ! -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Postage Certified Fee 2 o 3 0 Return Receipt Fee '~ o 7 5 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r-t Total Postage & Fees mre · (:~plete Items 1, 2, and 3, AJ~o complete lira 4 if Restricted Delivery Is de~lred. · i~Hnt your name and address on the reverse ~ that we can return the card to you. · .Milch this card to the back of the mallplece, ~i' on the front if space permits. 1..~lcle ~dmesed ~: Michael McCormick · O. Box 362 . agland, AL 35131 A. Recetvadby _~/ee~e___Pr/ntC/em~ B. DateofD~ C. Signature D. Is d~lve~y addmes different from Iter If YES, enter delivery address belo~ ~17 I-lyes r-1 No 3. Sewice Type X:~3 Certified Mall [] Express Mall [] Reglsterad [] Return Rec~pt for IV~rchsmllee [] Insured Mall [] C.O.D. i 4. Restricted Delivery? ~F. xtm Fee) i :~,[;~.Yee 2. A~icle Number (Copy horn service label) 7000 1670 0008 5047 2858 Ps Form 381 1, July 1999 Domestic Return Receipt 102595-0044-01~2 EXHIBIT A ATT'OR3qEY5 AT I_A'~/ R.ICHAR.D C. SNELBAKE~- KEITH O. BR. EI~n~EMA~ MECI-LANICSBUR-G, pENNSYLVANIA 17055 September 11, 2002 P. O. BOX 318 FACSIMILE C7[?) 697-7681 Michael E. McCormick P. O. Box 362 Ragland, AL 35131 Re: Borough of Mount Holly Springs v. Star Transport, Inc. and Michael E. McCormick No. 2002-4317 Civil Term, C.C.P., Cumberland County, Pennsylvania Dear Mr. McComfick: Enclosed please find a certified copy of a Complaint noting that a lawsuit has been initiated against you in the Court of Common Pleas of Cumberland County, Pennsylvania. Please be guided accordingly. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Borough of Mount Holly Springs (w/enclosure) By certified mail, restricted delivery, return receipt requested Parcel No. 7000 1670 0008 5047 2858 EXHIBIT B LAW OFFICES SNEIBAKER. BRENNeMaN & SPARE BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff V. STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4317 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, Keith O. Brenneman, Esquire, being duly sworn according to law depose and say: that I am the Solicitor for Plaintiff Borough of Mount Holly Springs; that on September 12, 2002 I served upon Defendant Star Transport, Inc. by certified mail, restricted delivery, return receipt requested, Parcel No. 7000 1670 0008 5047 2827 a certified copy of the Complaint filed in the above-captioned action; that the certified copy of the Complaint was received by an authorized agent of Defendant Star Transport, Inc. on September 16, 2002; that attached hereto and incorporated by reference herein as "Exhibit A" is the original Certified Mail Receipt and Domestic Return Receipt noting the mailing and receipt of the Complaint as noted above; that attached hereto and incorporated by reference herein as "Exhibit B" is a copy of the letter dated September 12, 2002 transmitting the certified Complaint to Defendant Star Transport, Inc. as aforesaid; that service of the Complaint as described above upon Defendant Star Transport, Inc. which is a corporation located outside the Commonwealth of Pennsylvania complies with LAW OFFICES SNELbAKER, BRENNEMAN & SPARe Pa.R.C.P. 404(2) and Pa.R.C.P. 403; and that the facts stated above are tree and correct to the best of my knowledge, information and belief. Date: September 20, 2002 Keith O. Brenneman, Esquire Solicitor for Borough of Mount Holly Springs, Plaintiff Sworn to and subscribed before me this 20th day of September, 2002. Notary 15ubli~/'/~ -2- LAW OFFICES SNELBAKER, BRENNEMAN ~C SPARE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Reduir~=cl) Total Postage & Fees 2.30 1.75 3.50 · ~ 4 If Restricted Delivery is desired. · IMnt your name and eddms~ on the reverse m that we can return the card to you. · Altach this c~.d to the back of the mallptece, er on the front If 8pace permits. 1. ~icle Addressed ~: Star Transport, Inc. 230 Ashland Avenue Morton, IL 61550 C. Signature X ,,,,J,~__~ --Z.--~ E3 Agar* D. Isdellve~yaddre~dlffemnt fmmitem 17 ~l~y~dfl~Nl If YES, enter delivery address below: [] No ~ Certified Mail [] Express Mail [] Registered [] Retum Receipt for Merchafl~le~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Exb'a Fee) ,~yes 2. Article Number (Copy from service ~abel) 7000 1670 0008 5047 ~_~? PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0~62 EXHIBIT A SN'ELBAKER, BP,.ENNEMAN ~ SPARE A'I-roR.N£YS AT LAW MECHANICSBUR.G, PENNSYLVANIA 17055 September 12, 2002 P. O. BOX 318 FACSIMILE C713:9 697'768i Star Transport, Inc. 230 Ashland Avenue Morton, IL 61550 Re' Borough of Mount Holly Springs v. Star Transport, Inc. and Michael E. McCormick No. 2002-4317 Civil Term, C.C.P., Cumberland County, Pennsylvania Dear Ladies/Gentlemen: Enclosed please find for service a certified copy of a Complaint noting that a legal action has been brought against you in the Court of Common Pleas of Cumberland County, Pennsylvania. Please be guided accordingly. Yourstmly, Keith O. Brenneman KOB/sz Enclosure CC: Borough of Mount Holly Springs (w/enclosure) By certified mail, restricted delivery, return receipt requested Parcel No. 7000 1670 0008 5047 2827 EXBIBIT B BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-4317 : : CIVIL ACTION-LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCe. Kindly enter the appearance of undersigned counsel on Defendants in the above referenced matter. behalf of Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendants CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, LLP, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this 7 day of October, 2002, on the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Karl R. Hildabrand BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-4317 CIVIL ACTIQN-LAW JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. The averments of paragraphs 1 through 6 ]~ereof are incorporated herein by reference. 8. Admitted in part and denied in part. It is admitted that Defendant McCormick was negligent in the happening of the accident. The remaining averments of paragraph 8 are specifically denied and proof thereof is demanded. 9. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 9 and said averments are therefore denied. 10.Denied. Defendants are without knowledge, or information sufficient to foi-m a belief as to the truth of the averments set forth in paragraph 9 and said averments are therefore denied. 11.The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 12.While it is admitted that Defendant McCormick was acting within the scope of his employment with Defendant Star Transport in the operation of his vehicle on or about March 14, 2002 the specific averments of Plaintiff's Complaint alleging damage to the Plaintiff's property are specifically denied and proof thereof is demanded at trial. Respectfully submi~ed, NESTICO, DRUBY & HILDABRAND, L.L.P. Date:/'/ ' 2- 1- ~72--~ Karl R. Hildabrand, Esquire Attorney LiD. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-57717 Attorney for Defendant HL~-21-2002 15:41 STAR TRANSPORT 309 263 255d P.0? 1, Craig Huntley, verify that the statements made in the foregoing document are true and corn:ct to the beat of my knowledge, information and belief. I understand that false ~tatcrnents herein are made subject to thc penalties of 18 Pa. C.$. §4904 relating to unaworn falsification to authorities. Date: //'z/°'% P,01 TOTAL P.O? CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, LLP, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this b2{ day oflii~t~l~r, 2002, on the following: Keith O. Brenneman, Esquire Snelbaker, Brenneman & Spare, P.C. 44 W. Main Street Mechanicsburg, PA 17055 Karl R. Hildabrand BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff V. STAR TRANSPORT, INC. and MICHAEL E. MCCORMICK, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4317 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Keith O. Brenneman, counsel for the Plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in this action is $8,480.27. There is no counterclaim of the Defendant in this action. The following attorneys are interested in this case as counsel or are otherwise disqualified to sit as arbitrators: Keith O. Brenneman, Esquire, Philip H. Spare, Esquire and Richard C. Snelbaker, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff ORDER OF COURT AND NOW, ~2,~ /-~ ,2003, in consideration of the foregoing Petition, "~ ,Z~ g_.r//~,/,got-a~dx.~,' Esq. are appointed arbitrators in the above-captioned action as prayed for. By the Court, P.J. BOROUGH OF MOUNT HOLLY SPRINGS, Plaintiff ;TAR TRANSPORT, 1NC. and MCCORMICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 4317 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE ~ THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended upon your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Borough of Mount Holly Springs LAW OFFICES SNELBAKEr. BrENNEMAN & SPAre C~ERT}F._ICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL,_PPOSTAGE PREPAID, ADDRESSED AS FOLLOWS_: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Date: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Borough of Mount Holly Springs SNELBAKER. BRENNEMAN & SPARE BOROUGH OF MT. HOLLY SPRINGS, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4317 CIVIL TERM STAR TRANSPORT, INC. and · MICHAEL E. MCCORMICK, Defendants IN RE: ARBITRATION ORDER OF COURT' AND NOW, July 3, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and David A. Baric, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, David A. Baric, Esquire Chairman O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Robert L. O~Brien David A. Baric Michael A. Scherer Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 June 25, 2003 (717) 249-6873 Fax (717) 249-5755 E-mail: obs~obslaw, com direct: dbaric~obslaw, corn Honorable George E. Hoffer President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Mt. Holly Springs Borough v. Starr Transport, Inc. Arbitration Hearing Dear Judge Hoffer: By Order of Court dated January 13, 2003, you appointed me chairman of the above- captioned arbitration hearing. This matter was settled without being heard by an arbitration panel. As such, I am herewith returning the file in this matter. Please forward the appropriate fee to me in this matter. Very truly yours, O'BRIEN, BARIC & SC)IlaR DaidA~c, Esquire DAB/il Enc. cc: File dab.dir/arbitration/startransport.ltr