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Home My WebLink About01-1995 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION _ Plaintiff(s) & Address(es)' ' D & .T TRANSPORTATION, INC. 523 Gordon Street Allentown, PA 18102 : · File No. VS. : C i v i l Act ion - LAW . Defendant(s) & Address(es)' ' J~3RY TRIAL DElVIANDED OF NOT JAMES BARRETT · LESS THAN 12 MEMBERS 130 Monahan Avenue Dur~uore, PA 18512 ' and MICHAEL RUCKER : 152 Daniels Drive Madison Heights, VA 24572 .PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT' Issue summons in CIVIL ACTION in the above case. x Writ of Summons shall be issued and fo /Sheriff. ., ~'na~f Attorney MARTIN J. KARESS, ESQUIRE 2i5 N. 9th Street Allentown, PA 1'8102 , (610) 435-3530 -- Name/Address/fe]ephone Number of Attorney Date' 4/2/01 Supreme Court ID Number 08031 ,,, SUMMONS IN CIVIL ACTION JAMES BARRETT and MICHAEL RUCKER TO' ,. ~ ~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST '~ Prothonotary/Clerk, ~l~i] Division - -~ -' -~ ...... ~- Deputy NOTE:USE AN ATTACHED SHEET FOR LENGTHY LIST OF LITIGANTS. FILING PARTY IS TO COMPLETE BOTH PRAECIPE & WRIT TO EXPEDITE PROCESSING 1/91 E-4F-1..... _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D & T TRANSPORTATION, INC., ' · NO. 01-1995 Civil T, gr, m~ . · Plaintiff i JURY TRIAL DEMANDED OF NOT · vs. · LES S THAN 12 MEMBERS · AMES BARRETT, Individually i and MICHEL RUCKER, i · · Defendants 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 PLEADING 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 PLEADING for any other claim or relief requested by the PLAINTIFF. You may lose money or property or other fights 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 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PHONE: 717-240-6100 · 4~.~~~. tg[ARESS, ESQUIRE ATTORNEY FOR PLAINTIFF ID NO 08031 IN THE COURT OF COMMON PLEAS OF CUMBE~~ COUNTY, PENNSYLVANIA CIVIL ACTION- LAW D & T TRANSPORATION, INC. : Plaintiff : NO. 01-1995 Civil Term vs. : JURY TRIAL DEMANDED OF NOT JAMES BARRETT, Individually · LESS THAN 12 MEMBERS and MICHAEL RUCKER, - Defendams · COMPLAINT AND NOW, THIS c>,o 0'/~ day of ~)~ , 2001, the Plaintiff, D & T TRANSPORATION, INC., by and through its counsel, KARESS, REICH & FURST, files its Complaint against the Defendams, JAMES BARRETT and MIC~L RUCKER, as follows, to wit: 1. The Plaintiff is a business corporation of the Commonwealth of Pennsylvania, with its principal place of business located at 523 Gordon Street, Allemown, Lehigh Coumy, Pennsylvania. 2. The Defendant, James Barrett, is an adult individual curremly residing at 130 Monahan Avenue, Dunmore, Lackawanna Coumy, Pennsylvania. 3. The Defendam, Michael Rucker, is an adult individual currently residing at 152 Daniels Drive, Madison Heights, Virginia. 4. On or about 13 August 2000, at or about 0130 hours, the Plaintiff was the owner of a certain 1989 tractor which was lawfially parked upon the property of Gables Truck Plaza back parking lot in the Township of Middlesex, County of Cumberland, Commonwealth of Pennsylvania. · a. $2,649.75 rental for 5 weeks ~ $529.95 b. $3,995.04 .08 per mile for 49,938 miles c. $ $75.00 upgrade charge at $25.00 per day for 35 days d. $1,787.50 cost of additional insurance e. $1,324.00 installation of PTO pump f. $ $42.70 Air compressor with tax included g. $ 416.00 Remove compressor - $ hours at $52.00 per hour $12,889.99 TOTAL 10. Plaintiff actually incurred a loss of revenues in the sum of $21,962.14; however, he is seeking the costs incurred to lease another vehicle to perform his hauling duties as set forth in paragraph 9. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $12,889.99, with lawful interest thereon, delay damages, and costs of suit and brings this action to recover the same. KARESS, & BY:' . KARESS, I 08031 15 N. Ninth Street Allentown, PA 18102 (610) 435-3530 Attorney for Plaintiff I, Thomas Vicari, President of D&T Transportation, Inc., verify that the statements made in this Complaint are true and correct. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec 4904 relating to unsworn falsification to authorities. D&T TRANSPORTATION, INC. CASE NO ~ - --'~ ~'' ~' ' ~ RETURN : zu01-01995 p - U.S. CERTIRIED MAIL COMMONWEALTH OF PEA~SYLVANiA COUNTy OF CUMBERLAlvD .. VS. County, Penns,.-~._ ~' Sheriff Within _ ~vania, who bein~ ~ of Cumber- z~ame~ ~_ ~ Uul v .~ ..... land ' ~UCKER ,.._ ~ ~ cne ~z"'ePazci, on the 6th - ._ by Uni ted. ,gt:a~'"'-'~ --------.:zz c~a¥ of' . u'ez-t: /. .f/. . ~,20..~~01 at: 080n ,-,-. ed ~azZ Po~t::age ~ HOURs, at: and attested Copy of the attached With , a true · Together receipt card Was si ~0~1 . g · Th turned Additional Comments. on Sheriff's Costs. Docket in~ So Cert mail 6. O0 Affi davit 2.99 . Surcharge · 00 Omas lO. O0 00 Cumber/and County aid by MARTIN j KAREsS )rn and SUbscr~ ' s~~ -i~ to before me on 05/30/2001 ; . · . SHERIFF'S RETURN - OUT OF COUNTY CASE NO. 2001-01995 P COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND D & T TRANSPORTATION INC VS BARRETT JAMES ET 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- BARRETT JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within WRIT OF SUMMONS On ~ay 30th , 2001 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs- Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lackawanna Co 28.40 / S~~iff of Cumberland County 65.40 05/30/2001 MARTIN J KARESS Sworn and subscribed to before me this _/x~- day of ! _ 2~/ A.D. honotary~' ~ . _ SHERIFF'S RETURN - REGULAR · · CAgE NO- 2001-001,q4 T COI~OI~I*..~TH OF COUNTY OF LACKAWANNA D & T TRg~SPORT, INC. JAMES BARRETT CHESTER CIPILEWSKI , Deputy Sheriff of Lackawanna County County, Pensylvania, who bein~ duly sworn accordin9 to law, says, the within WRiT OF SUMMONS was served upon BARRETT JAMES the ~EFENDANT , at 0003:10 Hour, on the 7th day of May , 2001 at 130 MONAHAN AVE. DUNMORE, PA by handin9 to EVIE RALFALKO MCNULTY, COUSIN AT 200 N.WASHINGTON, SCRANTON a true and attested copy of WRIT OF SID4MONS together with and at the same time directin9 Her attention to the contents thereof. Sheriff's Costs- So Answers- Docketing 28.40 John Szymanski, Sheriff Service .00 Affidavit .00 Surcharge .00 ~ ~~~~~ o00 ~ - Deputy Sheriff 28.40 00/00/0000 2.00 NOTARY PAID Sworn and Subscribed to before me this~~0~ day of A.D. Notarial Seal · o Nora Public Frances DIR~en~'~ , ry Lackewanna County scmnt~ · iv ~3.2002 Commisston ExPtres ju., ~ .... Notarte~ ,in The Court .of Common Pleas of Cumberland County, Pennsylvania D & T Transpora~.on, Inc. James Barrett No. 2001 1995 Civil Now,_ April 6 _, 200~___~___, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , Sheriff of Cumberlan Affidavit of Service Now, _, 20______, at o'clock_____ M. served the within ~pon by handing to copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this____ day of _, 20______ MILEAGE AFFIDAVIT · $ .eceived by (Please · Cor~lete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pr~,i your n~me and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, [3 Yes or on the front if space permits. · 1. Article Addressed to: If YES, enter delivery below: /,~.No Michael Rucker 152 Daniels Drive Madison Heights VA 24572 ' ipe ,3ertified Mail r-I Express Mail [] Registered [3 Return Receipt for Merchandise !-1 Insured Mail !"1 C.O.D. 4. Restricted Delivery? (Extra Fee) ri Yes 2001-1995 civil 2. Article Number (Copy from service label) 7 0 9 9 3.~ 0 0 0 0 1 8 5 0 0 0 2 8 0 0 t 102595-00-M-0952 PS Form ;5~1/, jUly l~ ' UNITED STATES POSTAL SERVICE I-First-Class Mail -J J Post~Jge & Fees Paid~ / usPs - / · Sender: Please print your name, address, and ZIP+4 in this box · CUMBERLAND COUNTY SHERIFF'S L]£PARTMEIV'r ONE COURTHOU.S;:-:.' SQUARE ' CARLISLE PA '/~P_,13 i, ,i · IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D & T TRANSPORTATION, i NO. 01-1995-CIVIL TERM Plaimiff · . . VS. . JAMES BARRETT, Individually i and MICHAEL RUCKER, i · · Defendant ' AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEHIGH ) I, MARTIN J. KARESS, ESQUIRE, being duly sworn according to law, depose and state that on the 5th day of November, 2001, I forwarded a tree and correct copy of the Complaint and Notice to Defendant to the Defendant, JAMES BARRETT, at 130 Monahan Avenue, Dunmore,PA 18512, and to the Defendant, MICHAEL RUCKER, at 152 Daniels Drive, Madison Heights, VA 24572, by regular mail. SWORN TO and subscribed before me this ~ day of NOVEMBER ,2001. ) MY COMMISSION EXPOS' MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. vs. CIVIL ACTION - LAW JAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants F--NTRY OF APPEARANCE Please enter my appearance on behalf of the Claimant in the above-captioned action. MASCELLI & PATERSON B PAUL K. PATERSON, ESQUIRE Attorney for Defendants Attorney I.D. #39120 434 Lackawanna Avenue, Suite 200 Scranton, PA 18503 (57 0) 348-0446 MASCELLI & PATERSON By: Paul K. Patemon, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. vs. CIVIL ACTION - LAW JAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants CERTIFICATE OF SERVICE I, PAUL K. PATERSON, ESQUIRE do hereby certify that a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANTS has been forwarded to the following by United States First Class Mail, Postage Pre-Paid on this 18TM day of December, 2001' Martin J. Karess, Esquire 215 N. Ninth Street Allentown, PA 18102 MASCF_.~.LI & PATERSON PAUL K. PATERSON, ESQUIRE ATTORNEY FOR DEFENDANTS ATTORNEY I.D. #39120 434 LACKAWANNA AVENUE SCRANTON, PA 18503 (570) 348-0446 MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 570~8-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. vs. CIVIL ACTION - LAW JAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants NOTICE TO PLI=AD _ YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MATTER OF DEFENDANTS JAMES BARRETT AND MICHAEL RUCKER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Mascelli & Paterson .., By: _._ PAUL K. PATERSON, ESQUIRE Attorney for DEFENDANTS Attorney ID #39120 434 Lackawanna Avenue Suite 200 Scranton, PA 18503 (570) 348-0446 You am hereby notified to file a written MASCELLI & PATERSON response to the following document within By: Paul K. Paterson, Esquire twenty (20) days from service hereof or 434 Lackawanna Ave., Ste. 200 judgment may be entered against you. Scranton, PA 18503 IN THE COURT OF COMMON PLEAS D & T TRANSPORTATION, INC. Plaintiff OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. lAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants AND NOW, comes Defendants, JAMES BARRETT an MICHAEL RUCKER, by and through counsel, Mascelli & Paterson, and hereby files the following Answer to Plaintiff's Complaint as follows, to wit: 1. Denied. After reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 2-5. Admitted. 6-7. Denied. The allegations in these paragraphs are denied pursuant to §1029(e) of the Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in these paragraphs, and the same are, therefore, denied. 8. Denied. The allegations in this paragraph are denied pursuant to §1029(e) of the Pennsylvania Rules of Civil Procedure. PAGE 2 9. Denied. The allegations in this paragraph are denied pursuant to §1029(e) of the Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and the same are, therefore, denied. 10. Denied. The allegations in this paragraph are denied pursuant to §1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants demand that the Complaint against them be dismissed and judgment entered in their favor. N~=W MATTE~R By way of further answer to Plaintiffs Complaint, Defendants set forth the following new matter. 1. Plaintiffs Complaint fails, in full or in part, to state a claim against Defendants upon which relief can be granted. 2. Plaintiff's claims, if any, are barred in whole or in part by the applicable Statute of Limitations. 3. Plaintiffs claims, if any are barred by Plaintiff's voluntary assumption of the risk. pAGE 3 4. ptaintiffs claims, if any are barred by the Doctrine of LacheS. 5. plaintiffs claims, if any, are barred and/or mitigated by plaintiffs contributory negligence, in whole or in part by the Doctrine of 6. plaintiffs claims, if any, are barred · Estol 7. piaintift's claims, if any, are barred by plaintiffs comparative negligence 8. plaintiff has failed to mitigate damages. wHEREFORE, Defendants demand that the Complaint against them be dismissed and iudgmerit entered in their favor. RESPECTFULLY SUBMITTED: By: ~SON, ESQUtP, E PAUL . Attorney ID #39120 434 Lackawanna Avenue, Suite 200 Scranton, PA 18503 (570~ 348-0446 VERIFICATIO__N I, PAUL K. PATERSON, ESQUIRE, being duly sworn according to law, depose and say that I am the attorney for Defendant, ROAD SCHOLAR TRANSPORT, in the foregoing matter. The verification of Mr. James Barrett, agent authorized to make this verification on behalf of Defendant, cannot be obtained within the time allowed for filing this pleading. I, PAUL K. PATERSON, verify the averments in the foregoing DEFENDANTS' ANSWER & NEW MATTER are true and correct to the best of my knowledge, information and belief from information obtained from Defendant, ROAD SCHOLAR TRANSPORT. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements to authorities. ?, : ......... V~=RIFICATIO_N_N I, PAUL K. PATERSON, ESQUIRE, being duly sworn ac, cording to law, depose and say that I am the attorney for Defendant, MICHAEL RUCKER, in the foregoing matter. The verification of MR. MICHAEL RUCKER cannot be obtained within the time allowed for filing this pleading. I, PAUL K. PATERSON, verify the averments in the foregoing DEFENDANTS' ANSWER & NEW MATTER are true and correct to the best of my knowledge, information and belief from information obtained from Defendant, MICHAEL RUCKER. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn statements to authorities. PAUL K. PATERSON, ESQUIRE MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. JAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants CERTIFICATE OF SERVICE I, PAUL K. PATERSON, ESQUIRE do hereby certify that a true and correct copy of the foregoing DEFENDANTS' ANSWER AND NEW MATTER h.as been for~varded to the following by United States First Class Mail, Postage Pre-Paid on this .~day of January, 2002: Martin J. Kamss, Esquire 215 N. Ninth Street Allentown, PA 18102 MASCELLi &PAT. E~ PAUL K. PATERSON, ESQUIRE ATTORNEY FOR DEFENDANTS ATTORNEY I.D. #39120 434 LACKAWANNA AVENUE SCRANTON, PA 18503 (570) 348-0446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW D & T TRANSPORATION, 1NC. . Plaintiff · NO. 01-1995 Civil Term VS. · JURY TRIAL DEMANDED OF NOT JAMES BARRETT, Individually ' LESS THAN 12 MEMBERS and MICHAEL RUCKER, . Defendants PLAINTIFF'S REPLY TO NEW MATTER 1. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 2. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 3. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 4. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 5. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 6. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 7. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 8. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $12,889.99, with lawful interest thereon, delay damages, and costs of suit and brings this action to recover the SalTl¢o KARESS, REICH & FURST BY: ss F. SQU p 8031 Ninth Street Allentown, PA 18102 (610) 435-3530 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEHIGH ) MARTIN J. KARESS, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above-captioned action; that Plaintiff's counsel makes this affidavit in order to expedite the filing of this Reply to New Matter. Plaintiff's counsel makes this verification based upon information received from Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS c>~ / ~t.~ DAY NO/TARY PUB~ MY COMMISSION EXPIRES. ..~ ....... NOTARIAL SEAL MASCELLI & PATERSON By: Paul K. Patemon, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNA. vs. CIVIL ACTION - LAW JAMES BARRETT, individually and NO. 01-1995 Civil Term and MICHAEL RUCKER, Defendants PRAECIPE FOR DISCONTINUANCE TO: Office of the Clerk of Courts Cumberland County Courthouse SIR: Please mark the above-entitled action settled, ended and discontinued with prejudice. s, Es~Uir ~ N. Ninth Street Allentown, PA 18102 ORDER This action is discontinued with prejudice as stated above. CLERK OF JUDICIAL RECOR[~