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Home My WebLink About03-5140Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WEST SHORE MASONIC TEMPLE ASSOCIATION, INC. 2215 Market Street Camp Hill, PA 17011, Plaintiff CASSELL ASPHALT, INC. 7220 Devonshire Heights Road Harrisburg, PA 17111, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NQ FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WEST SHORE MASONIC TEMPLE ASSOCIATION, INC. 2215 Market Street Camp Hill, PA 17011, Plaintiff CASSELL ASPHALT, INC. 7220 Devonshire Heights Road Harrisburg, PA 17111, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT ANDNOW, this I'[ day of September 2003, comes the Plaintiff, WEST SHORE MASONIC TEMPLE ASSOCIATION, INC., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint against C, ASSELL ASPHALT, INC., and in support thereof avers as follows: 1. Plaintiff, West Shore Masonic Temple Association, Inc. (hereinafter "WSMTA"), is a Pennsylvania non-stock, non-profit corporation located at 2215 W. Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Cassell Asphalt, Inc., is a Pennsylvania business corporation with a place of business located at 7220 Devonshire Heights Road, Harrisburg, Dauphin County, Pennsylvania. It is believed and therefore averred that in or about 1999 David Cordier and Sandra Cordier, t/d/b/a Cordier Antiques and Fine Arts (hereinafter "Cordier"), hired Defendant Cassell Asphalt to construct a parking lot behind Cordier's business at 2201 Market Street, Camp Hill, Pennsylvania (said premises hereinafter referred to as "the Shoppes of Olde Borough Hall"), which said construction included the excavation of a trench across the alley between the building and parking lot for the installation of underground electrical conduit and water line. 4. At Cordier's insistence and request, in or about 1999 Cassell Asphalt did excavate a trench across the alley located behind the Shoppes of Olde Borough Hall. 5. While excavating the trench across the alley located behind the Shoppes of Olde Borough Hall, Cassell Asphalt severed a sanitary sewer lateral which extends from WSMTA Masonic Temple Building (hereinafter "Temple Building") located at 2215 Market Street, Camp Hill, Pennsylvania, and traverses subterraneously beneath the alley behind the Shoppes of Olde Borough Hall to a sanitary sewer main line located beneath 22® Street in Camp Hill. 6. Defendant failed to repair the damaged sanitary sewer lateral and failed to notify WSMTA of the damage. 7. WSMTA had no notice of there being any problems with the sanitary sewer lateral until on or about October 15, 2002, when the drains backed up and toilets overflowed at the Temple Building. 8. After several subsequent episodes of drains backing up and toilets overflowing, WSMTA hired a contractor to investigate the cause of the sanitary sewer drainage problem, which said investigation resulted in the discovery on or about October 28, 2002, that the drainage problem was caused by a blockage in the Temple Building sanitary sewer lateral at precisely the point where Cassell Asphalt had severed the sanitary sewer lateral and installed underground electrical conduit and water line. 9. As a result of the damage to the sanitary sewer lateral caused by Cassell Asphalt, Plaintiff incurred the following costs: A. Roto-rooter (inspection, excavation and replacement of damaged sanitary sewer lateral) in the amount of Seven Thousand Eight Hundred Sixty-Nine and 36/100 Dollars ($7,869.36); B. Miscellaneous costs (concrete, sealer and paint) in the amount of Sixty- Three and 61/100 Dollars ($63.61); For a grand total of Seven Thousand Nine Hundred Thirty-Two and 97/100 Dollars ($7,932.97). 10. Cassell Asphalt was negligent in actually and proximately causing the damage set forth herein in that Cassell Asphalt or its agents, employees, or subcontractors: A. Failed to take appropriate steps to identify the existence and location of the sanitary sewer lateral located within the alley right-of-way; B. Failed to perform its work in a good and workmanlike manner so as to avoid causing the damage to the sanitary sewer lateral; C. Failed to repair the damaged sanitary sewer lateral when the pipe was breached in or about 1999; and D. Failed to notify WSMTA that the sanitary sewer lateral had been damaged during the excavation for the installation of the underground electrical conduit and water line. 11. As a direct and proximate result of Defendant Cassell Asphalt's breach of duty set forth in the preceding paragraph, WSMTA has suffered damages totaling Seven Thousand Nine Hundred Thirty-Two and 97/100 Dollars ($7,932.97), together with other costs, including attorney fees and court costs. WHEREFORE, West Shore Masonic Temple Association, Inc. demands judgment against Cassell Asphalt, Inc., in the amount of Seven Thousand Nine Hundred Thirty-Two and 97/100 Dollars ($7,932.97), together with attorney fees, costs and interest as may be available. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER M i.cha.,~J,~. Cassidy At1~l'fiey I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff :218200 VERIFICATION I, Robert L. Collins, am a member of West Shore Masonic Temple Association, Inc., and have been duly authorized by West Shore Masonic Temple Association, Inc. to sign this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. ,~4904, relating to unsworn falsification to authorities. Date: ~//7/o~3 WEST SHORE MASONIC TEMPLE ASSOCIATION, INC. Robert L. Collins SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEST SHORE MASONIC TEMPLE VS CASSELL ASPHALT INC 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: CASSELL ASPHALT INC but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On October 9th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 10/09/2003 SO an ~..~ ~.j._ Sheriff of Cumberland County JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this /~'~ day of~ j A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:October 7, 2003 NOTICE & COMPLAINT CASSELL ASPHALT INC to STEVEN CASSEL (OWNER) of the original NOTICE & COMPLAINT to him/her the contents thereof at : WEST SHORE MASONIC TEMPLAASSOCIATION vs : CASSELL ASPHALT INC Sheriff's Return No. 2611-T - -2003 OTHER COUNTY NO. 03 5140 at 10:00AMserved the within upon by personally handing 1 true attested copy(les) and making known 7220 DEVONSHIRE HEIGHTS ROAD HARRISBURG, PA 17111-0000 Sworn and subscribed to PROTHONOTARY So Answers, BySheriff _~~. ~_~o: ~puty Sheriff Sheriff's Costs:S30.50 PD 10/06/2003 RCPT NO 183403 E TORO tn The Court of Common Pleas of Cumberland County, Pennsylvania West Shore Masonia T~ple Association Ina Cassell Asphalt linc 03-5140 civil SERVE: se~e N o. ]',~OW, September 29, 2003 hereby deputize the Sheriff of Dauphin deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Permsylvania 17043 -0109 (717) 761-4540 Attorneys for Plaintiff WEST SHORE MASONIC TEMPLE : ASSOCIATION, INC,, : Plaintiff : CASSELL ASPHALT, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5140 Civil Term CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO THEPROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant, CASSELL ASPHALT, INC., by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiff's damages as follows: Principal Ameunt ............................................................................................... $7,932.97 Interest from October 28, 2002 (6% APR) ...................................................... $ 499.77 Total ..................................................................................................... $8,432.74 together with judgment interest and attorney fees and costs, as may be determined. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, CASSELL ASPHALT, INC., at 7220 Devonshire Heights Road, Harrisburg, Pennsylvania 17111, on October 30, 2003; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe, A true and correct copy of the aforesaid notice, together with receipt for mailing, are attached hereto and made a part hereof. Dated: :220707 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Michael ¢¢Cassidy Att r~..r~..r~..r~..r~lZ). No. 82164 U.S. POSTAL SERVI CERTIFICATE OF JOHNSON, DUFFLE, STEWA -: ' ~ -~.. i ......... :: 3oi ~AR~CET Michelle M. Bross Legal Assistant JUDGMENT AND NOW, this/~,., day of November 2003, judgment in the amount of $8,432.74 is entered in favor of Plaintiff, West Shore Masonic Temple Association, Inc., and against Defendant, Cassell Asphalt, Inc., as directed above. Prothonotary CERTIFICATE OF JOHNSON, DUFFIE, STEWA Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pmmsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff WEST SHORE MASONIC TEMPLE ASSOCIATION, INC., Plaintiff CASSELL ASPHALT, INc., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5140 Civil Term CIVIL ACTION - LAW TO: CASSELL ASPHALT, INC. 7220 Devonshire Heights Road Harrisburg, PA 17111 DATE: October 30, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITFEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 :220295 JOHNSON, DUFFLE, STEWART & WEIDNER By: MichaeJ Cassidy tto~ I.D. NO. 82164 CERTIFICATE OF SERVICE AND NOW, this [~ day of November 2003, the undersigned does hereby certify that she did, on this date, serve a copy of the foregoing document upon the other parties of record as follows: By First Class U.S. Mail. postaqe prepaid: Cassell Asphalt, Inc. 7220 Devonshire Heights Road Harrisburg, PA 17111 JOHNSON, DUFFLE, STEWART & WEIDNER -Michelle M. Bross Legal Assistant PRAECIPE FOR WRIT OF EXECUTION - (MONEY ~IUDGMENTS) WEST SHORE MASONIC TEMPLE ASSOCIATION, INC. VS, CASSELL ASPHALT, INC. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Writ No. Term, 20__ : No. 5140 Civil Term, 20 03 : : Amount Due $ 8,432.74 : Interest From 11/12/03 (6%) : Attorney's Com. : Costs $ TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Dauphin County, Pennsylvania; (2) Against CASSELL ASPHALT, 1NC. 7220 Devonshire Heights Road, Harrisburg. Pennsylvania 17111 (3) and against (4) and index this writ (a) against (b) against Defendant (s); Garnishee (s); CASSELL ASPHALT, 1NC. 7220 Devonshire Heights Road, Harrisburg, Pennsylvania 17111 Defendant (s) and Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) LeD, upon and sell all personal properiy qf the Defendant, CASSELL ASPHALT, INC., including, but not limited to, all tools,, equipment, ]brnishings funds' accounts', and other personal property of CASSELL ASPHAL T, INC., located at 7220 Devonshire Heights Road, Harrisburg, Pennsylvania 17111. (5) Date: :221103 Exe [m;t~/,l~s~;t~been waived. NOTE orney for Plaintiff (s) /Jnder paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the counW in which issued. Paragraph (3) above should be completed only if a named gamishee is to be included in the ~wit. ?aragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5140 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due WEST SHORE MASONIC TEMPLE ASSOCIATION, INC., Plaintiff (s) From CASSELL ASPHALT, INC., 7220 DEVONSHIRE HEIGHTS ROAD, HARRISBURG, PA 17111 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT CASSELL ASPHALT, INC., INCLUDING, BUT NOT LIMITED TO ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF CASSELL ASPHALT, INC., LOCATED AT 7220 DEVONSHIRE HEIGHTS ROAD, HARRISBURG, PA 17111. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,432.74 Interest FROM 11/12/03 (6%) Ai~y's Corem % Arty Paid $149.50 Plaintiff Paid Date: NOVEMBER 20, 2003 (Seal) CURTIS R. LONG Prothonot~ Deputy L.L. $.50 Due Prothy $1.00 Other Costs REQUESTING PARTY: Name MICAHEL J. CASSIDY, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O.BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 82164