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Home My WebLink About09-2256IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Plaintiff V. NO. eW- ,-2 acv LAWSON DEMOLITION AND HAULING COMPANY, INC. Defendant. . CIVIL ACTION 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Plaintiff V. NO. U q - LAWSON DEMOLITION AND HAULING COMPANY, INC. Defendant. CIVIL ACTION COMPLAINT AND NOW, this 9*t'- day of AP a?k , 2009, comes the Plaintiff, Commonwealth of Pennsylvania, Department of Transportation, by its counsel, and files this Complaint against the named party and in support thereof avers as follows: 1. Plaintiff is the Commonwealth of Pennsylvania, Department of Transportation, an executive agency with headquarters in the Commonwealth Keystone Building, 400 North Street, 8t' Floor, Harrisburg, Pennsylvania 17120-0096. 2. Defendant is Lawson Demolition and Hauling Company, Inc., 1025 Orange Street, Steelton, Pennsylvania 17113. 3. On or about July 11, 2007, Lawson was awarded a contract to perform certain demolition work by the Department of Transportation. 4. On or about December 1, 2007, Lawson was performing this work or a part thereof to wit, demolishing a residential structure located at 1120 Fernwood Avenue in Lower Allen and/or Hampton Townships. 5. A second Department contractor had recently completed the construction and installation of a concrete and steel ITS (Intelligent Transportation System) Camera Pole foundation near this residential structure. The foundation was to be used for an ITS Camera Pole on the District 8-0 ITS Project. 6. The new ITS Camera Pole foundation was covered with a temporary wooden protective box clearly marked with yellow tape. 7. The foundation was not part of the residential structure. 8. The foundation was not to be demolished. 9. The foundation was not part of the residential structure to be demolished. 10. The Defendant Lawson damaged the foundation. 11. The Defendant Lawson damaged the foundation beyond repair, necessitating the removal of the damaged foundation and the construction of a second foundation. 12. The Department directed the contractor that performed the original construction, Wellington Power Corporation, to remove the foundation which had been damaged beyond repair by Lawson and construct a new foundation. The actual cost of removal and replacement was $20,805.70. Defendant was notified of the final costs no later than April 14, 2008. 13. The Statute of Limitations does not run against the Commonwealth. See PA Den't of Transportation v J W Bishop & Co., 439 A.2d 101 (Pa. Supreme Ct., 1981). COUNT I - NEGLIGENCE 14. The Department hereby incorporates the allegations set forth in paragraphs 1 through 14 as if fully set forth at length herein. 15. The Defendant Lawson was negligent in damaging the ITS Camera Pole foundation. t 16. The Defendant Lawson's negligence consisted of operating demolition equipment without due regard and care for the property of the Department, and failing to use said equipment with sufficient care to avoid damaging property of the Department. IT The Defendant Lawson was negligent in failing to notice or take into account the ITS Camera Pole foundation, and that it was not part of the structure to be demolished. 18. The Defendant Lawson breached his duty of care to the Department by failing to demolish the structure without taking due care not to damage the ITS Camera Pole foundation. 19. The Defendant Lawson's acts of negligence damaged the Department's property beyond repair. The cost of removal and replacement was $20,805.70. WHEREFORE, the Plaintiff, Pennsylvania Department of Transportation, demands damages from the Defendant Lawson in an amount in excess of $20,805.70, plus interest, costs and attorney's fees. Respectfully submitted, Date: /--7 bo 7 -.I j ?i? Q? cz C, Gerald R. Schultz Assistant Counsel PA Supreme Court I.D. No. 25874 Office of Chief Counsel Department of Transportation Commonwealth of Pennsylvania P.O. Box 8212 Harrisburg, Pennsylvania 17105-8212 (717) 787-5804 Fax: (717) 772-2741 VERIFICATION I, Michael S. Gillespie, P.E., Acting District Executive, Commonwealth of Pennsylvania, Department of Transportation, do hereby state that I read the foregoing COMPLAINT, and that the facts set forth therein are true and correct, to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C.S. §4904 (relating to unworn falsification to authorities). Date: O O - Michael S. Gillespie, P.E. Acting District Executive Engineering District No. 8-0 2140 Herr Street Harrisburg, Pennsylvania 17103 Department of Transportation Commonwealth of Pennsylvania l? P }? OF Im APR -9 Pm ter`"iNtiPLYX? /77i a3s'yy Sheriffs Office of Cumberland County R Thomas Kline ?o at bul"b",. Edward L Schorpp Sheriff?u G.? Solicitor ,d fi.r ??f ti Y Ronny R Anderson Jody S Smith Chief Deputy OMCE OF 7HE SrIERIPF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lawson Demolition and Hauling Company, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 04/20/2009 Dauphin County Return: And now April 20, 20091, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: John D. Lawson by making known unto himself personally, defendant at 1025 Orange Street Dauphin County, Steelton, Pennsylvania 17113 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.42 SO ANSWERS, April 24, 2009 R THOMAS KLINE, SHERIFF 2009-2256 Commonwealth of Pennsylvania VS Lawson Demolition and Hauling Co., Inc. i ' HE APR 28 Ate ? ? (Pifitt of tEe ashezfff Ma?Jane Snder Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION VS JOHN D LAWSON Sheriffs Return No. 2009-T-0962 OTHER COUNTY NO. 20092256 And now: APRIL 20, 2009 at 8:51:00 AM served the within COMPLAINT upon JOHN D LAWSON by personally handing to JOHN D LAWSON 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1025 ORANGE ST STEELTON PA 17113 Sworn and subscribed to before me this 20TH day of April, 2009 AA?w NOTARIAL SEAL Y JANE SNYDEIt, Ndtary Publi Highspire, Dauphin. County M C apion Ex ices S 1.2010 So Answers, ? Aa Sheriff of phin ougtyn,'.,? By ?f't? Deputy Sheriff Deputy: S SCHAEFFER Sheriffs Costs: $43.25 4/16/2009