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Home My WebLink About99-07598.a ppeg? V Ob tirtY? lk,'?';'?41 , dt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff, VS. CHALLENGER MOTOR FREIGHT, INC. and DEAN J. LAWRENCE, an individual, Defendants. NOTICE CIVIL DIVISION NO. 99- 7 ? 9 f Ct ^a -r:& 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. COURT ADMINISTRATOR 4T" FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff, VS. CHALLENGER MOTOR FREIGHT, INC. and DEAN J. LAWRENCE, an individual, Defendants. COMPLAINT CIVIL DIVISION NO. 99. '7 5 98 ez-:" T<. Plaintiff, the Pennsylvania Turnpike Commission ("Commission"), is an instrumentality of the Commonwealth of Pennsylvania that operates the Pennsylvania Turnpike ("Turnpike") with its principal office near Carlisle, Pennsylvania, and whose mailing address is P.' O. Box 67676, Harrisburg, Pennsylvania 17106-7676. 2. Defendant Challenger Motor Freight, Inc ["Challenger"], is a corporation whose last known address is 410 Queen St W, Cambridge, Ontario, Canada 3. Defendant Dean J. Lawrence is an individual whose last known address is 45 Brush Circle, Amherstburg, Ontario, Canada N9V3Y5. 4. Around December 23, 1997, at approximately 5:20 p.m. on the Turnpike around Milepost 319.2, Defendant Lawrence was operating a vehicle on behalf of Defendant Challenger in the westbound lanes. This vehicle was a 1994 White GMC tractor-trailer [VIN 4V 1 WDBRP4RN673912]. 5. A collision occurred when Defendant Lawrence apparently fell asleep and allowed the vehicle described in Paragraph 4 to strike a bridge. 6. At the time of the accident, Defendant Lawrence was an agent, servant, or employee of Defendant Challenger. Either or both of the Defendants were negligent in: a. operating a vehicle too fast for conditions; b. failing to be attentive while operating a vehicle; C. failing to act as a reasonable person would have acted in the circumstances; d. operating a vehicle in a manner endangering persons and property; and e. failing to properly train and supervise drivers regarding the operation of a vehicle. 8. As a result of the accident and Defendants' negligence, Commission personnel, fire and emergency companies, and outside contractors responded to clear the accident site and to repair the Tumpike. 9. The Commission incurred damage totaling $67,848.08 for labor, equipment, and materials supplied by Commission personnel, fire and emergency companies, and outside contractors for clean-up and repair to the damaged bridge. A copy of the damage invoice sent to Defendants is attached as Exhibit "A" and incorporated by reference. 10. Despite demands by the Commission, Defendants have refused to make restitution in this amount. WHEREFORE, the Commission respectfully requests thatjudgment be entered in its favor against Challenger Motor Freight, Inc and Dean J. Lawrence iointly and severallv in the amount of $67,848.08 plus interest and costs. PENNSYLVANIA TURN] ?BY ?ye Albert C. Peters if , £',. Assistant Counsel Pennsylvania Turnpike Cc P. O. Box 67676 Harrisburg, PA 17106-76' (717) 939-9551 x3150 Fax(717)986-9654 fA 0 l'?o g57/7 PENNA. TURNPIKE COMMISSION COMMONWEALTH OF PENNSYLVANIA P.O. BOX 400050 PITTSBURGH, PA 15268-0050 ssatsttttaetaasssastaastassts to CUSTOMER INVOICE at as*tttaatasaeaaastatatsasstas INVOICE DATE: 08/07/98 PAGE: 1 COMPANY/DIVISION: 0001 0001 CUSTOMER NO: 97-07 1-341 CHALLENGER MOTOR FREIGHT INC 410 QUEEN STREET WEST CAMBRIDGE ONTARIO. CANADA 971223 FINAL DISC ITEM REFERENCE DUE GROSS DUE DESC NUMBER DATE DATE AMOUNT DATE sss PLEASE REMIT TO tat PENNA TURNPIKE COMMISSION ATTN: E J LITTLE* CLAIMS SUPT P O BOX 67676 HARRISBURG9 PA 17106-7676 DISC DISC NET PAST PCT AMOUNT AMOUNT DUE P00 MATERIALS 073098 082990 97.46 0 0 % R % 97.46 19818.35 POO LABOR 073098 082998 16818.35 0 % 219356.47 6 POO HAIMAT 073096 082998 219356.47 0 % .00 1.25 PDS EQUIPMENT 073098 082998 1'250.00 0 x % 325.00 PDO FIRE/AMB.CAL 073098 082998 325.00 0 % 439000.80 POO CONTRACTOR 073098 082998 43.000.80 LAST PAYMENT DATE AND AMOUNT CREDIT LIMIT 0 ---------- SUMMARY OF PAST DUE ITEMS 1 TO 15 D 16 TO 30 0 31 TO 45 0 AMOUNT DUE ON/BEFORE 08/20/98 679848.08 46 TO 60 D bl TO 90 D OVER 90 U AMOUNT DUE AFTER 08/20/98 679848.08 PA TURNPIKE COMMISSION PHONE NUMBER: (717)939-9551 PLEASE SUBMIT YELLOW COPY WITH CHECK TO INSURE PROPER CREDIT j!Z VERIFICATION I, Elizabeth I Little, Claims Supervisor of the Pennsylvania Turnpike Commission, state that I am authorized to make this verification on behalf of the Pennsylvania Turnpike Commission; that I have reviewed the averments in the foregoing Complaint and that these averments are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. BY Eli• abeth J. Little Dated: /v2 A ? ?a ti r Q9 L, l•. L? .. 6 z c ?= CV C` L ' _ ': rJ r a ? m h v PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff V. CHALLENGER MOTOR FREIGHT, INC. : and DEAN J. LAWRENCE, an individual, : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7598 CIVIL ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of Defendants, Challenger Motor Freight, Inc. and Dean J. Lawrence in connection with the above- referenced case. MARSHALL, DENNEHEY, WARNER, COLEMAN & G GGIN DATE: /-0 -O0 P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 100 Pine Street - 4th Fl. ATTORNEY FOR DEFENDANTS i CERTIFICATE OF SERVICE I, Melissa M. Kain, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1LLay of January, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Albert C. Peters, II, Esquire Assistant Counsel Pennsylvania Turnpike Commission Office of Chief Counsel P.O. Box 67676 Harrisburg, PA 17106-7676 MELISSA M. KAIN c", 4 J? C;z _ u 4fir . U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA TURNPIKE COMMISSION, CIVIL DIVISION Plaintiff, VS. CHALLENGER MOTOR FREIGHT, INC. and NO. 99-7598 DEAN J. LAWRENCE, an individual, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly reinstate the complaint in this action and mark the docket accordingly. Date: 12 , 2000 a?-qe4lL?? Albert C. Peters II _ PA I.D. No. 49717 Assistant Counsel Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106-7676 (717) 939-9551 Ext. 3150 i } ;l !t - ?I PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff V. CHALLENGER MOTOR FREIGHT. INC. and DEAN J. LAWRENCE, an individual, Defendants IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 -7598 CIVIL NOTICE TO PLEAD TO: Plaintiff c/o Albert C. Peters, 11, Esquire Assistant Counsel Pennsylvania 'Turnpike Commission Office of Chief Counsel P.O. Box 67676 Harrisburg, PA 17106-7676 You are hereby notified to plead to the enclosed New Matter of Defendants to Plaintiff's Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN &(?GJOGGIN DATED: ? ,17 , 00 BY: l e Z¢X ^?1 721 Timothy J. McMahon, Esquire 100 Pine Street - 4°i Floor 1'.O. Box 803 Harrisburg, PA 17108 I.D. No. 52918 (717) 232-9323 Attorney for Defendants \05 A\UAn\'1'AA11.1.1'GW5081WN1K\113155\10262 PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff V. CHALLENGER MOTOR FREIGHT, INC. : and DEAN J. LAWRENCE, an individual, : Defendants IN THE COl1R1' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 -7598 CIVIL ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted in part; denied in part. It is admitted that the Pennsylvania Turnpike Commission is an instrumentality of the Commonwealth of Pennsylvania that operates the Pennsylvania Turnpike. Defendant is without sufficient information to confirm the remaining allegations which are accordingly denied. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted only that on December 23, 1997 Defendant Lawrence was operating a vehicle on behalf of Defendant Challenger in the west bound direction of the turnpike. The remaining allegations are denied in accordance with Pa.R.C.P.1029(e). Denied. The allegations of this paragraph are denied in accordance with Pa.R.C.P. 1029(d). 6. Admitted. Denied. The allegations of this paragraph including its subparts (a) - (c), r constitute conclusions of law to which no response is required and are denied. To the extent a responsive pleading is required, the allegations contained in this paragraph, together with its subparts (a) - (c), are denied in accordance with Pa.R.C.P. 1029(c). 8. Denied. 'fo the extent the allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required, the same are denied. To the extent the allegations contained in this paragraph require a response, the same are denied in accordance with Pa. R.C.P. 1029(e). 9. Denied. 'fo the extent the allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required, the same are denied. To the extent the allegations contained in this paragraph require a response, the same are denied in accordance with Pa. R.C.P. 1029(e). 10. Denied. To the extent the allegations contained in this paragraph constitute conclusions of law to which no responsive pleading is required, the same are denied. To the extent the allegations contained in this paragraph require a response, the same are denied in accordance with Pa. R.C.P. 1029(e). WHEREFORE, Defendants Challenger Motor Freight, Inc. and Dean J. Lawrence demand judgment in their favor and against the Plaintiff together with such other relief as this Honorable Court may provide. NEW MATTER DIRECTED TO PLAINTIFF 11. Plaintiffs Complaint fails to state a cause of action against Defendants upon which relief can be granted. 12. The damages alleged by the Plaintiff. such damages being specifically denied, if any, were caused by an individual or individuals over whom the Defendants had no control nor right of control. 13. Plaintiffs damages, such damages being specifically denied, ifany, are the result of the contributory or comparative negligence of the Plaintiff. 14. Plaintiffs claims may be barred by the Plaintiff's failure to mitigate its damages are required by law. 15. Solely in order to preserve the defenses and pending further investigation through discovery, Defendants aver that Plaintiff's damages may include claims for conditions which preexisted the December 23, 1997 accident described in Plaintiff's Complaint and accordingly Defendants are not responsible for repair of those preexisting conditions as a matter of law. 16. No act or omission on the part of the Defendants is a substantial contributing factor in giving rise to the property damage described in Plaintiff's Complaint. 17. If in the event the Defendant is found liable, such liability being specifically denied, Defendant is not responsible f'or Plaintiffs damages, ifany, such damages being specifically denied, or replacement materials not of like kind and quality of the preexisting bridge formation and materials. 18. Defendants specifically reserve their right to raise those defenses preserved by virtue of Pa.R.C.P. 1030. t i I I i 1 I :'I ?I V . WHEREFORE, Defendants Challenger Motor Freight, Inc. and Dean J. Lawrence demand judgment in their favor and against the Plaintiff. Pennsylvania Turnpike Commission together with other such relict'as this Court shall deem appropriate. i i Respectfully submitted, ' MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN , DATED: BY: j j 17- 00 Thomas A. Archer, Esquire 100 Pine Street - 4'1' Floor P.O. Box 803 Harrisburg, PA 17108 I.D. No. 73293 (717) 231-3762 ATTORNEY FOR DEFENDANTS The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiff's Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiff's Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiff's Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiff's Complaint, are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: (March 21, 2000 Mario Da Silva CERTIFICATE OF SERVICE 1, Melissa M. Kain, an employee of Marshall, Dennehcy, Warner, Coleman R Goggin, do /)-7j-- hereby certify that on thisL day of March, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as fblfows: Albert C. Peters, 11, Esquire Assistant Counsel Pennsylvania Turnpike Commission Office of Chief Counsel P.O. Box 67676 Harrisburg, PA 17106-7676 ME SSA M. KAIN Cl F r G CJ PENNSYLVANIA TURNPIKE COMMISSION, Plaintiff V. CHALLENGER MOTOR FREIGHT, INC. and DEAN J. LAWRENCE, an individual, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 -7598 CIVIL PRAECIPE TO SETTLE DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED and ENDED, with prejudice. BY: Albert C. Peters, it, Esquire Pennsylvania Turnpike Commission Office of Chief Counsel P.O. Box 67676 Harrisburg, PA 17106-7676 I.D.# '1917 Attorneys for Plaintiff DATED: 2? y '? J rV ' r ? V? . G _ _ ? J v L