HomeMy WebLinkAbout04-4462MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP
A/S/O SPANKEY'S AUTO SALES
701 East Locust Street
Mechanicsburg, PA 17025
vs.
ANTHONY LIBRANDI
212 Silver Spring Road
Mechanicsburg, PA 17050
and
LIBRANDI CONSTRUCTION
5020 East Trindle Road
Mechanicsburg, PA 17050
NOTICE
ATTORNEYS FOR PLAINTIFF(S):
UNIVERSAL UNDERWRITERS
GROUP A/S/O SPANKEY'S AUTO
SALES
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. Oil - giko. -
CIVIL ACTION COMPLAINT
You have been sued in court, if you wish to defend against the claims set
forth in the following pages, you most take action within twenty (20) days
after the 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.
Lawyer Referral and Information
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
Le ban demandado a usted on Is torte. Si usted quire defenderee de estas
demandas expuestas on las peginas siqueries, usted bene verve (2)dias de
plain al pertir de to fecha de la demands y Is notification. Mace faltz
assentar =a comperencia escrita o on persona o con on abogado y entregar
a la cone on forme escrite sus defendree o sus objections a les demandes on
comm de an persona. See evisado que ei usted no se defenda, la torte
tomm' medides y guade conouer le demando on contra suye sin perno avise
o notification. Adorn Is torte suedo decider a favor del demandante yrequire
qua usted cunola con todas Im provisions de uste demands. Usted sued
porder dinere o sus propiedeedes u oros cerechos importantes pere usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI
NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITAABAJO PARAAVERIGUAR DOME SE PUEDE CONSEGUIR
ASISTENCIA LEGAL
Asociacion De Licenciados De Cumberland County
Servicio De Referencia E Information Legal
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP
A/S/O SPANKEY'S AUTO SALES
701 East Locust Street
Mechanicsburg, PA 17025
vs.
ANTHONY LIBRANDI
212 Silver Spring Road
Mechanicsburg, PA 17050
and
LIBRANDI CONSTRUCTION
5020 East Trindle Road
Mechanicsburg, PA 17050
ATTORNEYS FOR PLAINTIFF(S):
UNIVERSAL UNDERWRITERS
GROUP A/S/O SPANKEY'S AUTO
SALES
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 04 - 444-2, 0"it"
COMPLAINT - CIVIL ACTION
Plaintiff, Universal Underwriters Group, as subrogee for SPANKEY'S AUTO SALES, by
and through their attorneys, Mintzer Sarowitz Zeris Ledva & Meyers, hereby file this Complaint in
Civil Action and in support thereof, avers as follows:
1. Plaintiff, SPANKEY'S AUTO SALES (hereinafter "Spankey's), is a Pennsylvania
corporation with a place of business at 701 East Locust Street, Mechanicsburg, PA, 17025.
2. Defendant, ANTHONY LIBRANDI (hereinafter "Librandi"), is an adult individual
residing at 212 Silver Spring Road, Mechanicsburg, PA, 17050.
3. Defendant, LIBRANDI CONSTRUCTION, is a Pennsylvania corporation with a
place of business at or with a last known address of 502 E. Trindle Road, Mechanicsburg, PA,
17050.
4. Librandi is an owner, agent, or employee of Librandi Construction, and at all
materials times was acting in the course and scope of his employment.
5. Librandi's home property fronts, or is alongside, a public street, the 200 block of
Silver Spring Road, in the Township of Hampden in Mechanicsburg, PA.
6. On or before 28 January 2004, Librandi shoveled, swept, plowed, blew, pushed,
dumped or otherwise disposed of snow and/or ice into the public street in front of his home, or
caused or permitted an individual to do the same, afterthe said street had been cleared and/or treated.
7. According to The Code of Ordinances ofthe Township ofHampden (Pa.) 21 § 303(1)
(2003), it is unlawful "for any person to place any ice or snow (whether by shoveling, sweeping,
plowing, blowing, pushing, dumping or otherwise) upon the cleared and/or treated portion of a
public street or road within this Township."
8. According to The Code of Ordinances of the Township of Hampden (Pa.) 21 § 303(2)
(2003), it is also "unlawful for any person or entity to cause or permit any person to place any snow
or ice (whether by shoveling, sweeping, plowing, blowing, pushing, dumping or otherwise) upon the
cleared and/or treated portion of a public street or road within this Township."
9. The stated purpose of the above mentioned ordinances is to protect the "best interest
of the health, safety and welfare of the citizens of the Township and the traveling public at large."
The Code of Ordinances of the Township of Hampden (Pa.) 21 § 301(B) (2003).
10. On 28 January 2004, Jim Legget (hereinafter "Legget"), an employee of Spankey's,
was transporting a 2002 Toyota Corolla (hereinafter "vehicle") from Spankey's to another dealership
in Enola, PA.
11. Legget, a member of the traveling public, was driving the vehicle along Silver Spring
Road in a safe and reasonable manner.
11 Silver Spring Road was clear of snow and/or ice, but at 212 Silver Spring Road,
approximately three (3) inches of snow was in the street.
13. A member of the Hampden Township Police Department observed, noticed,
witnessed or noted that Librandi had disposed of the snow in the public street.
14. In front of 212 Silver Spring Road, Legget lost control of the vehicle, which skidded
on the snow and/or ice and hit a tree.
15. As a result of the damage to the vehicle, Plaintiff, Spankey's has been damaged in
the amount of $4,547.60.
COUNT I-NEGLIGENCE
PLAINTIFF v. LIBRANDI
16. Plaintiff incorporates herein byreference Paragraphs I through 15 of their Complaint
as though same were set forth at length in full herein.
17. Librandi had a duty to refrain from creating a dangerous situation for travelers in front
of his residence.
18. The collision was caused solely by reason of the negligence, carelessness and/or
recklessness of the Defendant, Librandi.
19. The Defendant's carelessness, recklessness and/or negligence consisted of the
following:
(a) Failing to properly dispose of snow and/or ice
(b) Creating a dangerous condition for the traveling public
(c) Disregarding the health, safety and welfare of the traveling public
20. The collision and consequent damages were a direct and proximate result of the
negligence, recklessness and/or carelessness of Defendant, Librandi.
COUNT II - NEGLIGENCE PER SE
PLAINTIFF v. LIBRANDI
21. Plaintiff incorporates herein by reference Paragraphs 1 through 15 of their Complaint
as though the same were set forth at length in full herein.
22. The Defendant, Librandi, in shoveling, sweeping, plowing, blowing, pushing,
dumping or otherwise disposing of snow and/or ice into the public street in front of his home, or
causing or permitting an individual to do the same, after the said street had been cleared and/or
treated, was negligent per se and in violation of The Code of Ordinances of the Township of
Hampden (Pa.) 21 § 303(1) (2003) and/or § 303(2) (2003), in that:
(a) Librandi had disposed of the snow and/or ice in the road after it had been
cleared and/or treated in violation of § 303(1).
(b) Librandi had caused or permitted an individual to dispose of the snow and/or
ice in the road after it had been cleared and/or treated in violation of § 303(2).
23. The collision and consequent damages were a direct and proximate result of the
negligence, recklessness and/or carelessness of Defendant, Librandi.
24. The collision and consequent damages were a direct and proximate result of
Defendant, Librandi's unlawful disposal of snow and/or ice in violation of The Code of Ordinances
of the Township of Hampden (Pa.) 21 § 303(1) (2003) and/or § 303(2).
COUNT III - VICARIOUS LIABILITY
PLAINTIFF v. LIBRANDI CONSTRUCTION
25. Plaintiff incorporates herein byreference paragraphs I through 15 of their Complaint
as though the same were set forth at length in full herein.
26. At all material times, Librandi was an owner, agent, or employee ofLibrandi
Construction and was acting in the course and scope of his employment.
27. Librandi's actions;
(a) were of the kind and nature that Librandi is employed to perform;
(b) occurred substantially within authorized time and space limits; and
(c) were actuated, at least in part, by purpose to serve his employer.
28. In the alternative, Librandi was using or employing equipment, machines or materials
owned by Librandi Construction or allowing said equipment, machines or materials to be used or
employed to dispose of the snow.
29. As the employer of Librandi, Librandi Construction is vicariously liable, by virtue
of it's legal relation to Librandi, for the negligence of its employee on the theory of respondeat
superior and thus for the damage done to Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
its favor in the amount of $4,547.60 plus Court costs, expenses and such other costs as this Court
deems appropriate.
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY:
JEP Y C. SOTLAND, ESQUIRE
orneys for Plaintiff(s):
ERSAL UNDERWRITERS GROUP
A/S/0 SPANKEY'S AUTO SALES
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon the signer's
personal knowledge or information and belief. If the foregoing contains averments which are
inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the
inconsistent averments are true, but signer has knowledge or information sufficient to form a belief
that one of them is true. This verification is made subject to the penalties of 18 PA C.S.A. §4904
relating to unworn falsification to authorities.
OTLAND, ESQUIRE
Dated: O 8136?6?
LF1
V.?
1J
4Q^-
Vr^l
c
n
r-
r
n?
s
' it
(CE,
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04462 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIVERSAL UNDERWRITERS GROUP
VS
LIBRANDI ANTHONY ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LIBRANDI ANTHONY the
DEFENDANT , at 1240:00 HOURS, on the 9th day of September, 2004
at 212 SILVER SPRING ROAD
MECHANICSBURG, PA 17050
by handing to
ANTHONY LIBRANDI
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.14
Affidavit .00
Surcharge 10.00
.00
36.14
Sworn and Subscribed to before
me this A, day of
' Xc 02 o0 A. D.
'Prothonotary 1415
So Answers:
.,,1'i4 ? '?
R. Thomas Kline
09/10/2004
MINTER SAROWITZ ZERIS LEDVA ME
O?
y? Deputy S 'ff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04462 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIVERSAL UNDERWRITERS GROUP
VS
LIBRANDI ANTHONY ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LIBRANDI CONSTRUCTION
the
DEFENDANT , at 1240:00 HOURS, on the 9th day of September, 2004
at 5020 EAST TRINDLE ROAD
MECHANICBURG, PA 17050
by handing to
ANTHONY LIBRANDI
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
w
me this day of
l
othono ary
So Answers:
R. Thomas Kline
09/10/2004
MINTER SAROWITZ ZERIS LEDVA ME
By. ?l o? f it/
Deputy Sheri
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
Attorney for Defendant(s):
SPANKEY'S AUTO SALES
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP a/s/o
SpANKEY'S AUTO SALES
COURT OF' COMMON PLEAS
Cumberland County
VS.
ANTHONY LIBRANDI and LIBRANDI
CONSTRUCTION
No. 04-4462-Civil Term
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification to plaintiff s Civil Action Complaint filed on or
about September 2, 2004 in the above-captioned matter.
MINTZER, SAROWITz, ZERIS, LEDVA &
MEYERS
BY:?
JEFFREY C
Attorney for
SPANKEY'!
ESQUIRE
SALES
VERIFICATION
The averments or denials of facts contained in the foregoing Civil Action Complaint are true
based upon the signer's personal knowledge or information and belief. If the foregoing contains
averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to
ascertain which of the inconsistent averments are true, but signer has knowledge or information
sufficient to form a belief that one of them is true. This verification is made subject to the penalties
of 18 PA C.S. §4904 relating to unswom falsification to authorities.
Date:
MSZL&M FILE NO. 0981.0177
('7 ?? f7
- U
? :'!
_ . ,.? "
?) `i 7n
, 1C.J
t
'V'! -
hJ ?,i?
i
UNIVERSAL UNDERWRITERS
GROUP a/s/o SPANKEY'S AUTO
SALES
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
VS.
ANTHONY LIBRANDI and
LIBRANDI CONSTRUCTION
Defendant(s)
CASE NO. 04-4462 - Civil Term
CIVIL DIVISION
TO: ANTHONY LIBRANDI
c/o Henry Van Eck, Esquire
VAN ECK & VAN ECK, P.C.
P.O. Box 6662
Harrisburg, PA 17112
ANTHONY LIBRANDI
212 Silver Spring Road
Mechanicsburg, PA 17050
LIBRANDI CONSTRUCTION
5020 East Trindle Road
Mechanicsburg, PA 17050
You are hereby notified in accordance with Pa. R.C.P. 236 that judgment has been
entered on a:
X
Final Order'
Decree Nisi '
Verdict
Viewers Report
Default
Assessment of Damages
Arbitration Award
Non Pros
and entered to Docket No. CUMBERLAND COUNTY COUNTY NO. 04-4462-CIVIL TERM
against DEFENDANTS. ANTHONY LIBRANDI AND LIBRANDI CONSTRUCTION
Plaintiff(s) Defendant(s), concerning Civil Suit No. 04-4462-CIVIL TERM
on 11 - in the sum of $4.547.60 or for possession of
And that a Certificate has been filed that a copy of the Praecipe has been mailed to each
other party who has appeared in the action or to his attorney of record.
PROTHONOTARY - Cumberland C ty
DATE: BY:
Prothonotary
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP a/s/o
SPANKEY'S AUTO SALES
VS.
ANTHONY LIBRANDI
and
LIBRANDI CONSTRUCTION
Attorney for Plaintiff(s):
UNIVERSAL UNDERWRITERS
GROUP a/s/o SPANKEY'S AUTO
SALES
COURT OF COMMON PLEAS
Cumberland County
No. 04-4462-Civil Term
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a Default Judgment in favor of Plaintiff, Universal Underwriters Group a/s/o
Spankey's Auto Sales, and against Defendants, Anthony Librandi and Librandi Construction, for
failure to answer or otherwise respond to the Civil Action Complaint.
1. A Complaint was served upon the Defendant on May 29, 2001 A copy of the Proof
of Service is attached hereto as Exhibit "A".
2. A copy of the Notice of Intention to Take Default was served upon the Defendant,
by regular and certified mail, on January 12, 2005. A copy of the Notice of Intention to Take Default
is attached hereto as Exhibit "B". Certified Mail has been returned to Plaintiff's counsel by way of
PS Form 3811. A copy of PS Form 3811 is attached hereto as Exhibit "C".
Plaintiff requests that Default Judgment be entered for the specific amount of Four
Thousand Five Hundred Forty-Seven Dollars and Sixty Cents ($4,547.60), as well as all costs and
interest, including all other amounts that this Court deems appropriate.
MINTZER, SAROWITZ, ZERIS, LEDVA &
MEYERS
BY:
'SOTLAND, ESQUIRE
Plaintiff (s):
L UNDERWRITERS GROUP a/s/o
SPAKKEY'S AUTO SALES
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Affidavit of Non-Military Service
Commonwealth of Pennsylvania UNIVERSAL UNDERWRITERS GROUP a/s/o
SPANKEY'S AUTO SALES
ss.
Cumberland County vs.
ANTHONY LIBRANDI and
LIBRANDI CONSTRUCTION
NO. 04-4462 - Civil Term
Jeffrey C. Sotland, Esquire , being duly sworn according to law, deposes and says
that he represents the Plaintiff in the above-entitled case; that he is authorized to make this affidavit
on behalf of the Plaintiff; and that the above-named Defendant's age is Unknown; the address of
Defendant is Anthony Librandi 212 Silver Spring Road, Mechanicsburg, PA 17050 and
Librandi Construction, 5020 East Trindle Road, Mechanicsburg, PA 17050. Occupation of
Defendant is Unknown; and Defendant is not in the Military Service of the United States, nor any
State or Territory thereof or its allies as defined in the Soldiers' and the Sailors' Civil Relief Act of
1940 and the amendments thereto.
Commonwealth of Pennsylvania
Philadelphia County
I, Jeffrey C. Sotland ,
depose and say that the facts set forth in
this affidavit are true and correct and
acknowledge that I am subject to the
penalties of 1 P.S. 4904 relating to
Unsworn FaYsificatim to Authorities.
- Plaintiff/Attorney
rO AND SUBSCRIBED
MET WS a3nJDAY
A P,_4 Ill 2005.
I hereby acknowledge receipt of the following
affidavit form which I understand must be
properly completed, notarized and presented
to the Court.
Signature
"1" ,
VERIFICATION
The averments or denials of facts contained in the foregoing are true based upon the signer's
personal knowledge or information and belief. If the foregoing contains averments which are
inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the
inconsistent averments are true, but signer has knowledge or information sufficient to form a belief
that one of them is true. This verification is made subject to the penalties of 18 PA C.S.A. §4904
relating to unsworn falsification to authorities.
C. SOTLAND, ESQUIRE
Dated:
SHERIFF'S RETURN - REGULAR
. CASE NO: 2004-04462 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIVERSAL UNDERWRITERS GROUP l
VS
LIBRANDI ANTHONY ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LIBRANDI ANTHONY the
DEFENDANT , at 1240:00 HOURS, on the 9th day of September, 2004
at 212 SILVER SPRING ROAD
MECHANICSBURG, PA 17050 by handing to
ANTHONY LIBRANDI
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service 8.14
Affidavit .00
Surcharge 10.00
.00
36.14
Sworn and Subscribed to before
me this _ day of
A. D.
So Answers:
-, 17
R. Thomas Kline
09/10/2004
MINTER SAROWITZ ZERIS LEDVA ME
By:
P uty Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04462 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIVERSAL UNDERWRITERS GROUP
VS
LIBRANDI ANTHONY ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LIBRANDI CONSTRUCTION the
DEFENDANT , at 1240:00 HOURS, on the 9th day of September, 2004
at 5020 EAST TRINDLE ROAD
MECHANICBURG, PA 17050 by handing to
ANTHONY LIBRANDI
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this day of
A. D.
So Answers:
R. Thomas Kline
09/10/2004
MINTER SAROWITZ ZERIS LEDVA ME
By: A? L 1 qi ?
Deputy Sheriff
Prothonotary
EXHIBIT
11 - 11-B I
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP A/S/O
SPANKEY'S AUTO SALES
Vs.
ANTHONY LIBRANDI
and
LIBRANDI CONSTRUCTION
To: ANTHONY LIBRANDI
c/o Henry Van Eck, Esquire
VAN ECK & VAN ECK, P.C.
P.O. Box 6662
Harrisburg, PA 17112
Attorney for Plaintiff(s):
UNIVERSAL UNDERWRITERS
GROUP A/S/O SPANKEY'S AUTO
SALES
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 04-4462-CIVIL TERM
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral and Information
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MINTZER, SAROWITZ, ZERIS, LEDVA &
MEYERS
BY:
pate: Janua 3 5
Via Regular Mail and uested
Certified Mail - Return Receipt Req
70041160 0002 49491983
1722.wpd
fE C. SOTLAND, ESQUIRE
Attorne for Plaintiff(s):
SAL UNDERWRITERS GROUP a/s/o
SPA?Y'S AUTO SALES
m T .
a
U S)
'? Poslape i
N
C3 Certified Fee
0 Retum P.edept Fee Pore
(Endorserrent Requkad)
Reabided Detlvery Fee /
.? (Emiorsemem Required)
ra
r-?
Tote) Postage & Fees ,$
C3 -._._ e11y??.?.?.?4<?e
b eai... - r ?
dP(J Bar?/jJ ?tl1}ti G?.? f d:.!?QX---(.602-:
sire z, ?trrrsbur ,O_,9 17112,
a
MINTZER, SAROWITZ, ZER1S,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
b?
Attorney for Plaintiff(s):
UNIVERSAL UNDERWRITERS
GROUP A/S/O SPANKEY'S AUTO
SALES
UNIVERSAL UNDERWRITERS GROUP AiS/O I COURT OF COMMON PLEAS
SPANKEY'S AUTO SALES I CUMBERLAND COUNTY
VS.
ANTHONY LIBRANDI I No. 04-4462-CIVIL TERM
and
LIBRANDI CONSTRUCTION
To: ANTHONY LIBRANDI
212 Silver Spring Road
Mechanicsburg, PA 17050
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral and Information
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MINTZER, SAROWITZ, ZERIS, LEDVA &
MEYERS
BY:
JEFFREY C. SOTLAND, ESQUIRE
Attomeyfor Plaintiff(s):
UNIVERSAL UNDERWRITERS GROUP a/s/o
SPANKEY'S AUTO SALES
Date: January 31. 2005
Via Regular Mail and
Certified Mail - Return Receipt Requested
70041160 0002 49491990
1722.wpd
7004 yy6p 0002 4949
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958
22nd Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
Attorney for Plaintiff(s):
UNIVERSAL UNDERWRITERS
GROUP A/S/O SPANKEY'S AUTO
SALES
UNIVERSAL UNDERWRITERS GROUP A/S/O
SPANKEY'S AUTO SALES
vs.
ANTHONY LIBRANDI
and
LIBRANDI CONSTRUCTION
To: LIBRANDI CONSTRUCTION
5020 East Trindle Road
Mechanicsburg, PA 17050
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 04-4462-CIVIL TERM
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral and Information
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MINTZER, SAROWITZ, ZERIS, LEDVA &
MEYERS i
BY:
JEFFREY C. SO AND, ESQUIRE
Attomey for P] mtiff(s):
UNIVERSAL ERWRITERS GROUP a/s/o
SPANKEY'SIAUTO SALES
Date: January 31. 2005
Via Regular Mail and
Certified Mail - Return Receipt Requested
7004 1160 0002 4949 2003
1722.wpd
m
0
o
..
ru
>r
o-
`
7
Posiege
rL
O Ceni iee Fee
O
C3 Renam R,,I,%Fee
(EnCOra MW Regw d)
-? (E^?orsai?ne?t?Requbetl
Tot", Ppetege & Fees
r?
11 EXHIBIT
:-
¦ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X Agent
¦ Print your name and address on the reverse T7 Addressee !,
so that we can return the card to you. B. Received by (Printed Name) C. Dat of elivery
¦ Attach this card to the back of the mailpiece, P, 3 S
or on the front if space permits.
D. Is delivery address diNerent from item 1? 0 Yes -
1. Article Addressed to: If YES, enter delivery address below: ? No '
Ul /V 56 ll V /ll ?C/`I ?C 3. Se ice Type
Certified Mall ? Express Mail
? Registered ? Return Receipt for Merchandise
?y?l?lj?S,?U?,9 / ?? ????riL. ? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7004 1166 0002 4949 1983
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-o2-nt-15ao
J
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
I?YI A'' L
oll? s 1 Utn S?Rln
?L1ech,grVies buvjl 19
A
B,.fiyr?gg?ed t?f (Prln)ed?e?
/
e C. ®; fQDeli_y?
D. Is del
iv
ery *dress different from item 1?
If YES, enter delivery address below:
i3 Yes ?
? No
3, Sere' a Type
ertified Mail 0 Express Mail --.?
? Registered ? Return Receipt for Merchandise'A
? Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) ? y?
2. Article Number 7004 1166 0002 4949 1990 I?~
(Transfer Irom service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W154o
UNITED STATES POSTAL SERM
?I88e-BrFeesP..aid
--
r
Permit
Dln._G.1.0 !
I
• Sender: Please print your name, address; and ZIP+4 in this box
I?iNTze SRf6w17-2 / tea/ 1e?1?H? / e?S
i
as^a ??66?
9g1 6/77 ell) D U iicc cfsru ru7
{ I t;
}
"""" 1=1YS4Classtv'?a,l i
UNITED STATES POSTAL SERVICE f -\, "Postage & Fees Paid
tiSPS
'Ind ya.P * imHRis.4oxt.._ W
• Sender. Please p int ot?nae address,
If
p14 ?q,ba
Ubilce of Z our
E. U9 1 ?
A
•
CERTIFICATE OF SERVICE
The undersigned counsel hereby certifies that service of a true and correct copy of
Plaintiff's, UNIVERSAL UNDERWRITERS GROUP a/s/o SPANKEY'S AUTO SALES,
Praecipe to Enter Default Judgment was made to the below-named parties on the below-
named date, via United States First-Class Mail, Regular and Certified Mail, postage
prepaid, as follows:
ANTHONY LIBRANDI
c/o Henry Van Eck, Esquire
VAN ECK & VAN ECK, P.C.
P.O. Box 6662
Harrisburg, PA 17112
ANTHONY LIBRANDI
212 Silver Spring Road
Mechanicsburg, PA 17050
LIBRANDI CONSTRUCTION
5020 East Trindle Road
Mechanicsburg, PA 17050
MINTZER, SAROWITZ, ZERIS, LEDVA &
MEYERS
BY:
t C. SOTLAND, ESQUIRE
for Plaintiff (s):
SAL UNDERWRITERS GROUP a/s/o
,Y'S AUTO SALES
Dated: March 23. 2005
-
( - -
N
cf?
v
(J
l?
i
<.5
C_.?O
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Identification No.: 68958 Attorney for Ph
22nd Floor - 1528 Walnut Street UNIVERSAL I
Philadelphia, PA 19102 GROUP A/S/O
(215) 735-7200 SALES
MSZL&M File No. 0981.0177
WRITERS
SEY'S AUTO
UNIVERSAL UNDERWRITERS GROUP A/S/O COURT OF COMMON PLEAS
SPANKF,Y'S AUTO SALES CUMBERLAND CO TY
VS.
ANTHONY LIBRANDI and No. 04-4462-CIVIL TERM
LIBRANDI CONSTRUCTION
VERIFICATION OF SERVICE
I, JEFFREY C. SOTLAND, ESQUIRE, hereby verify that, on Marc 28, 2005, I caused to
be served Plaintiffs' Praecipe to Enter Default Judgment upon Defendant,
c/o HENRY VAN ECK, ESQUIRE, by depositing a copy of same through toe U.S. Postal Service;
the original receipt of which is documented by the United States Postal Serv?ce Form 3811, which
is attached hereto as Exhibit "A"; and that these statements are made subjec( to the penalties of 18
Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
MINTZER, SAROWITZ, ZERIS LEDVA &
MEYERS r
BY:
JEFFREY C. SOTLAND, SQUIRE
Attorney for Plaintiff(s):
' UNIVERSAL UNDERWR ERS GROUP
10779.wpd a/s/o SPANKEY'S AUTO ALES
---4-
1
¦ Complete items 1, 2, and 3. Also complete A. Signature
item 4 If Restricted Delivery is desired. X
¦ Print your name and address on the reverse
so that we can return the card to you. B, Received by
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Add
ressed to::
7
r?)
f ? 2a X 106??
/7W,
2. Article Number U
(Transfer from service label)
PS Form 3811, February 2004
D. Is delivery address dil
If YES, enter delivery
1
0 Agent
Item 1? G Yes
slow: 0 No
3. S Ice Type
19 Certified Mail 0 Expres Mail
0 Registered 0 Return Recel
? Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra F
7004 1160 0001 9682
Domestic Return Receipt
for Merchandise
0 Yes
I
102599-02•M-1540
UNITED STATES POSTAL SERVICE 111111
Irst-Class Mail
Ostage & Fees Paid
SPS
ermit No. G-10
• Sender: Please print your name, address, and ZIP+4 in
Pkjd-"?, P? / 9 l 0 a-.
box
50 IJIilll.lnIIIllnLI.1.1II„rI.AIIIIIII.,IIt011.1„IIII,.IIIII
C'
C?l
?? T T
.
T
r i cn
_t a
LAUREN N. KUNKLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 05-4462 CIVIL ACTION LAW
KENNETH 1.KUNKLE
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, September 01, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 30, 2005 at 11:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Melissa P. GreevF, Esq. 'm q,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
IPW
/7z?ln?
MINTZER, SAROWITZ, ZERIS,
LEDVA & MEYERS
BY: JEFFREY C. SOTLAND, ESQUIRE
Attorney I.D. No. 68958
22"a Floor
1528 Walnut Street
Philadelphia, PA 19102
(215) 735-7200
MSZL&M File No. 0981.0177
UNIVERSAL UNDERWRITERS GROUP
A/S/O SPANKEY'S AUTO SALES
VS.
ANTHONY LIBRANDI AND LIBRANDI
CONSTRUCTION
212 Silver Spring Road
Mechanicsburg, PA 17050-2858
Attorney for Plaintiff(s):
UNIVERSAL UNDERWRITERS GROUP
AISIO SPANKEY'S A UTO SALES
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 04-4462-CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of execution in the above matter,
1. Directed to the Sheriff of Cumberland County;
2. Against defendants, Anthony Librandi and Librandi Construction;
3. And enter this writ in the judgment index
a. against all personal and real property of defendant Anthony Librandi and
Librandi Construction.
4. Amount due $4,547.60
Interest from March 29, 2005 $ 381.81
-roi&( $4,929.41
MINTZER, SAROWITZ,AERIS, LEDVA &
MEYERS
BY:
JEFFREY C,ISOTLAND, ESQUIRE
Attorney fof`Plaintiff(s):
UNIVERSAL UNDERWRITERS GROUP
AA/O.SPANKEY'S A UTO SALES
P•
k
e
L
.4
d c? aCS1 Q'
C110 Lon
01-
-off'
?%
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-4462 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UNIVERSAL UNDERWRITERS GROUP A/S/O
SPANKEY'S AUTO SALES Plaintiff (s)
From ANTHONY LIBRANDI AND LIBRANDI CONSTRUCTION
212 SILVER SPRING ROAD
MECHANICSBURG, PA 17050-2858
(1) You are directed to levy upon the property of the defendant (s)and to sell AGAINST ALL
PERSONAL AND REAL PROPERTY OF DEFENDANT ANTHONY LIBRANDI AND
LIBRANDI CONSTRUCTION.
(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 $4,547.60
Interest $381.81
Atty's Comm %
Arty Paid $82.00
Plaintiff Paid
Date: 02-13-07
L.L. $.50
Due Prothy $1.00
Other Costs
C R. Long, Pr n ary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JEFFREY C. SOTLAND, ESQUIRE
Address: 1528 WALNUT STREET, 22"D FLOOR
PHILADELPHIA, PA 19102
Attorney for: PLAINTIFF
Telephone: 215-735-7200
Supreme Court ID No. 68958
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs: Advance Costs: 150.00
Sheriff s Costs: 60.29
Docketing 18.00 $ 89.71
Poundage 1.19
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 03/29/07
Mileage 9.60
Surcharge 30.00
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage n?
?/??
TOTAL $ 60.29 ? So Answers;
R. Thomas Kline, Sheriff
B Qauod . Brewbaker
f
07
.c
?c
C,
N
1.0 S.i.5'y(ie
l&• /9/Oy-3
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-4462 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UNIVERSAL UNDERWRITERS GROUP A/S/O
SPANKEY'S AUTO SALES Plaintiff (s)
From ANTHONY LIBRANDI AND LIBRANDI CONSTRUCTION
212 SILVER SPRING ROAD
MECHANICSBURG, PA 17050-2858
(1) You are directed to levy upon the property of the defendant (s)and to sell AGAINST ALL
PERSONAL AND REAL PROPERTY OF DEFENDANT ANTHONY LIBRANDI AND
LIBRANDI CONSTRUCTION.
(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 gamishee(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 $4,547.60
Interest $381.81
Atty's Comm %
Atty Paid $82.00
Plaintiff Paid
Date: 02-13-07
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
C s . Long, n ryBy:
Deputy
REQUESTING PARTY:
Name JEFFREY C. SOTLAND, ESQUIRE
Address: 1528 WALNUT STREET, 22ND FLOOR
PHILADELPHIA, PA 19102
Attorney for: PLAINTIFF
Telephone: 215-735-7200
Supreme Court ID No. 68958