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HomeMy WebLinkAbout04-1648MIDDLESEX TOWNSHIP, Plaintiff ROBB1NS MOTOR TRANSPORTATION, INC., and STEPHEN J. ALCAVAGE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- t (~ ~[ ~ 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 twenty (20) 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 fm'ther 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 NOTICE TO A 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 NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LAW OFFICES SNELBAKER, BRENNeMAN & SPARE SNELBAKER, BRENNEMAN & SPARE, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Plaintiff Pennsylvania, in or about the intersection of Giant Lane and U. S. Route 11, when he caused the track he was operating to collide with a traffic signal pole owned and operated by Plaintiff and located at the southeast comer of the intersection of Giant Lane and U. S. Route 11. 7. As a result of the collision by the truck operated by Defendant Alcavage with the traffic signal pole, the traffic signal pole broke at its base and fell onto U. S. Route 11 and the truck operated by Defendant Alcavage, causing damage to the concrete base on which the pole was mounted, the traffic signal pole and all appurtenant lights, wiring and fixtures on the traffic signal pole. COUNT I PlaintiffMiddlesex Township v. Defendant Stephen J. Alcavage 8. The averments of Paragraphs 1 through 7, inclusive, above are incorporated by reference in this Paragraph in their entirety. 9. Defendant Stephen J. Alcavage was negligent, reckless and careless in the operation of the track owned by Defendant Robbins identified in Paragraph 4, above, on November 19, 2003 in the following particulars: a. By operating the truck without regard for the location and placement of the traffic signal pole at the southeast comer of the intersection of Giant Lane and U. S. Route 11; b. By causing the truck he was operating to collide with the traffic signal pole identified above; c. By failing to negotiate the turn at the intersection of Giant Lane and U. S. Route 11; without striking the traffic signal pole identified above; -2- LAW OFFICES SNELBAKER, ~REnNEMAN & SPARE By operating the track over, onto and/or upon the curb adjoining Giant Lane and U. S. Route 11 and by doing so, striking the traffic signal pole identified above; By failing to stop the track or change its course of direction before striking the traffic signal pole; and By failing to keep a proper lookout in the direction in which he was proceeding. 10. Solely as a direct, factual and proximate result of the negligence, carelessness and recklessness of Defendant Alcavage as described above, the concrete base, traffic signal pole and appurtenant lights, wiring and fixtures on the traffic signal pole were damaged as described in Paragraph 7, above. 11. Solely as a direct, factual and proximate result of the negligence, carelessness and recklessness of Defendant Alcavage and the damage to the concrete base, traffic signal pole and appurtenances described above, Plaintiff has been required to expend the sum of$11,867.93 to repair the damage caused by Defendant Alcavage and to make the traffic signal pole operational. 12. Defendants and their insurance carrier have failed and refused to respond to repeated requests by Plaintiff to pay and reimburse Plaintiff in the amount set forth above. 13, Neither Defendants nor their insurance carrier have contested either liability in this matter or the amount necessary to repair the damage caused by Defendant Alcavage as described herein. 14. Due to the failure of Defendants and/or their insurer to pay and reimburse Plaintiff for its losses described herein, Plaintiff was caused to utilize its Solicitor in order to enforce its -3- rights of recovery against the Defendants in this matter. WHEREFORE, Plaintiff Middlesex Township demands judgment against Defendant Stephen J. Alcavage in the mount orS11,867.93 together with interest, costs of this action and attorney's fees. COUNT II Plaintiff Middlesex Township v. Defendant Robbins Motor Transportation, Inc. 15. The averments of Paragraphs 1 through 14, inclusive, above are incorporated by reference in this Paragraph in their entirety. 16. At all times described above, Defendant Alcavage was acting within the scope of his authority and employment as an agent, servant and employee of Defendant Robbins. WHEREFORE, Plaintiff Middlesex Township demands judgment against Defendant Robbins Motor Transportation, Inc. in the amount of $11,867.93 together with interest, costs of this action and attorney's fees. The amount claimed in this action does not exceed the amount established for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. SNELBAKER, BRENNEMAN SPARE Date: April 16, 2004 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township -4- 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 4904 relating to unsworn falsification to authorities. I hereby state that I am authorized on behalf of Middlesex Township to execute this Verification. Date: April 16, 2004 Charles W. Shughart Chairman, Board of Township Supervisors LAW OFFICES SNEL~AKER. BRENNeMAN & SPARE LAW OFFICES SNELBAKER. BRENNEMaN & SPARE MIDDLESEX TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1648 CIVIL ROBBINS MOTOR TRANSPORTATION,: CIVIL ACTION - LAW 1NC., and STEPHEN J. ALCAVAGE, : Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE $OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Keith O. Brenneman, Esquire, being duly sworn a,ccording to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the Solicitor for Middlesex Township, the Plaintiff in the above-captioned action; that on April 16, 2004 he did ~end to Defendant Stephen J. Alcavage by certified mail, restricted delivery, return receipt equested, a duly certified copy of the Complaint which was filed in the above-captioned action as evidenced by the cover letter of the same date and Receipt For Certified Mail No. 7003 1010 )000 8130 9290; that both the Complaint and cover letter were duly received by Stephen J. Mcavage, a Defendant herein, as evidenced by the Return Receipt card for said certified mail tated April 22, 2004; that a copy of the aforementioned cover letter dated April 16, 2004 is ittached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt ?or Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by :eference herein as "Exhibit B"; that service of the Complaint described above is in compliance LAW OFFICES SNEL~AkEr. BRENNEMaN & SPARE with the Pa.R.C.P. 404(2) and 403; and that the facts stated above are tree and correct to the best )f his knowledge, information and belief. Keith O. Brermeman gwom to and subscribed before me this )~6th day of April, 2004. Notary Public d COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matmzi, No/aW Public Mechanicsburg Bo{o, Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsylvania Association Of Notaries -2- .~NELBAKER., BR.ENN'EMAN ~ SF'AP,.E ATTOIKIqEYS AT LA'fi/ MECHANICSBUP,.G, PENNSYLVANIA 17055 April 16, 2004 Stephen J. Alcavage 421 First Avenue Bellmawr, NJ 08031 Re: Middlesex Township v. Robbins Motor Transportation, Inc. and Stephen J. Alcavage No. 2004-1648 Civil Term, C.C.P., Cumberlnnd County., Pennsylvania Dear Mr. Alcavage: Enclosed please find a certified copy of a Complaint which is being served upon you in your capacity as a Defendant in the above-referenced action. Please be guided accordingly. Yours truly, Keith O. Brennenaan KOB/sm Enclosure CC: Mary G. Justh, Township Secretary (w/enclosure) By certified mail, return receipt requested, parcel No. '/'003 1010 0000 8130 9290 EXHIBIT A LAW OFFICES SNElbAKER. BRENNEMAN & Spare L~ SE EXHIBIT B SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDDLESEX TOWNSHIP VS ROBBINS MOTOR TRANSPORT ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , ROBBINS MOTOR TRANSPORTATION INC but was unable to locate Them in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On May 10th , 2004 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Delaware Co 32.00 .00 69.00 05/ 0/2004 R. ThOmas Kline ~ Sheriff of Cumberland County SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this // ~ day of ~ C~ A.D. Prothonot~ry R. THOMAS KLINE Shedff EDWARD g SCHORPP Solicitor sw~. ,o a.¢ su~d TO: OFFICE OF THE SHERIFF RONNY R.ANDERSON Chief Depu~, JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 MediaBoro Dela~aeC?nty [ / ~ Middlesex To. ship Hon. Joseph M~ ~: ~laware ~ty Sheriff Robb~s Motor Tr~s~rtation Inc 04-1648 civil' Dear Sheriff: Enclosed please fmd to be served upon Notice and Ccmplaint in your County. Kindly make service thereof and send ~ your return ofse~ice, Very ~n. tly yours, ' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ,Enclosures: [r~ T~e Court of Common Pleas of Cumber[arid County, Pennsylvania Middlesex Township Robbins Motor Transportation Inc SERVE: s~me No. 04-1648 civil Now,. April 16, 2004 hereby deputize the Sheriff of Pelaware deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service within upon at by handing to a copy of the original ,20 o~, at ~.~0 o'clock ~ M. served the ' So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT County, PA LAW OFFICES SNELBAKER. BRENNEMAN & SPARE MIDDLESEX TOWNSHIP, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004-1648 CIVIL TERM : ROBBINS MOTOR TRANSPORTATION,: CIVIL ACTION - LAW INC., and STEPHEN J. ALCAVAGE, : Defendants : JURY TI~AL DEMANDED TO: Robbins Motor Transportation, Inc., Defendant 3000 Industrial Highway, Eddystone, PA 19022 Date of Notice: May 14, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. [F 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 NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff LAW OFFICES SNELBaKER, BReNnEman & SPAre CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Importantt Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Robbins Motor Transportation, Inc. 3000 Industrial Highway Eddystone, PA 19022 Stephen J. Alcavage 421 First Avenue Bellmawr, NJ 08031 SNELBAKER, BRENNEMAN & SPARE, P.C. )ate: May 14, 2004 By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff W OFFICES ENN~MAN MIDDLESEX TOWNSHIP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2004-1648 CIVIL TERM : ROBBINS MOTOR TRANSPORTATION,: CIVIL ACTION - LAW INC., and STEPHEN J. ALCAVAGE, : Defendants : JURY TRIAL DEMANDED PRAECIPE FOR JUDOMENT UPON DEFAULT PURSUANT TO PaR.C.P. 1037(b) TO THE PROTHONOTARY: Please enter judgment against Defendant Robbins Motor Transportation, Inc. and in favor of Plaintiff Middlesex Township in the mount of $11,867.93 together with interest, costs of this action and attorney's fees due to Defendant Robbins Motor Transportation, lnc.'s failure to file within the required time a pleading to the Complaint in this action. A certified copy of the Complaint containing a notice to defend was served upon Defendant Robbins Motor Transportation, Inc. on April 23, 2004. I hereby certify that a written notice of intention to file this Praecipe was mailed to Defendant Robbins Motor Transportation, Inc. (the party against whom judgment is to be entered) for failure to plead to the Complaint at least 10 days prior to the date of the filing of this Praecipe, A copy of the written notice mailed to Defendant on May 14, 2004 is attached hereto and incorporated by reference herein as "Exhibit A". SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O, Brermeman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Date: May 27, 2004 Middlesex Township MIDDLESEX TOWNSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1648 CIVIL TERM ROBBINS MOTOR TRANSPORTATION,: CIVIL ACTION - LAW INC., and STEPHEN J. ALCAVAGE, : Defendants : JURY TRIAL DEMANDED TO: Robbins Motor Transportation, Inc., Defendant 3000 Industrial Highway, Eddystone, PA 19022 Date of Notice: May 14, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A W-R~TTE .~. APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING:WI'F.~[ THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTI~AG,~"i~NST YOU. UNLESS YOU ACT WITHIN TEN 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, 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 NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff EXHIBIT A CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Important Notice to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Robbins Motor Transportation, Inc. 3000 Industrial Highway Eddystone, PA 19022 Stephen J. Alcavage 421 First Avenue Bellmawr, NJ 08031 SNELBAKER, BRENNEMAN & SPARE, P.C. )ate: May 14, 2004 By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff CERTIFICATE 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, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Robbins Motor Transportation, Inc. 3000 Industrial Highway Eddystone, PA 19022 Stephen J. Alcavage 421 First Avenue Bellmawr, NJ 08031 SNELBAKER, BRENNEMAN & SPARE, P.C. Date: May 27, 2004 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff AW OFFICES NELBAKER. RENNEMAN ~ SPARE MIDDLESEX TOWNSHIP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2004.-1648 CIVIL TERM ROBBINS MOTOR TRANSPORTATION,: CIVIL ACTION - LAW INC., and STEPHEN J. ALCAVAGE, : Defendants : JURY TRIAL DEMANDED PRAECIPE FO THE PROTHONOTARY: Please mark the above-captioned case discontinued and ended on your docket and indices and indicate that the judgment entered against Robbins Motor Transportation, Inc. on May 27, 2004 has been satisfied. SNELBAKER, BRENNEMAN & SPARE, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Solicitor for Plaintiff Middlesex Township LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE 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 persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Robbins Motor Transportation, Inc. 3000 Industrial Highway Eddystone, PA 19022 Stephen J. Alcavage 421 First Avenue Bellmawr, NJ 08031 SNELBAKER, BRENNEMAN & SPARE, P.C. Date: Keith O. Brenneman, Esquire 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528