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Home My WebLink About04-6525 Thomas S. Brumbaugh, Esquire Attorney 1.0, No, PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. 0, Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com LAWRENCE J. GOA TER 2231 Pipestone Court Orlando, FL 32818 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.:Ql./ -b~2S {l"w,l<--rk<rt CIVIL ACTION - LAW v. ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION 823 Herman Drive Mechanicsburg, PA 17055 ARBITRATION and ANGELO IAFRATE CONSTRUCTION COMPANY 26400 Sherwood Warren, MI 48091 and ANGELO IAFRATE COMPANIES 26400 Sherwood Warren, MI 48091 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 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 NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-3108 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: December 21,2004 ~~~~ Thomas S. Brumba~~s~uire Attorney 1.0. No.: PA 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Thomas S. Brumbaugh, Esquire Attorney 1.0, No, PA 89037 THOMAS, THOMAS & HAFER, llP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com LAWRENCE J. GOATER 2231 Pipestone Court Orlando, FL 32818 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: iYl-fSll C,u.,L ~'81"?L CIVIL ACTION - LAW ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION 823 Herman Drive Mechanicsburg, PA 17055 ARBITRATION and ANGELO IAFRATE CONSTRUCTION COMPANY 26400 Sherwood Warren, MI 48091 and ANGELO IAFRATE COMPANIES 26400 Sherwood Warren, MI 48091 Defendants COMPLAINT 1. Plaintiff, LAWRENCE J. GOATER, is an adult individual who resides at 2231 Pipestone Court, Orlando, FL 32818. 2. Defendant, ANGELO IAFRATE CONSTRUCTION COMPANY NORTHERN DIVISION, is an organization doing business in the Commonwealth of Pennsylvania, with a place of business at 823 Herman Drive, Mechanicsburg, PA 17055. 3. Defendant, ANGELO IAFRATE CONSTRUCTION COMPANY, is a corporation doing business in the Commonwealth of Pennsylvania, with a principal place of business at 26400 Sherwood, Warren, M148091. 4. Defendant, ANGELO IAFRATE COMPANIES, is a corporation doing business in the Commonwealth of Pennsylvania, with a principal place of business at 26400 Sherwood, Warren, MI 48091. 5. Upon information and belief, ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION, and ANGELO IAFRATE CONSTRUCTION COMPANY are subsidiaries or related corporations to ANGELO IAFRATE COMPANIES. 6. Defendants, ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION, ANGELO IAFRATE CONSTRUCTION COMPANY and ANGELO IAFRATE COMPANIES (hereinafter collectively referred to as "Iafrate Companies") are construction companies, involved, inter alia, in surface paving, and highway construction projects. 7. Upon information and belief, the Pennsylvania Department of Transportation contracted with Defendants, Iafrate Companies to build an interchange at Route 15 and Lisburn Roads, Cumberland County, Pennsylvania (hereinafter referred to as the "Construction Project"). 8. Upon information and belief, Defendants, Iafrate Companies were the general contractors of the Construction Project. 9. At all times mentioned herein, Defendants, Iafrate Companies, acting through its agents, seNants, employees, and/or contractors, maintained supeNision and control of the Construction Project. 2 10. Upon information and belief, the Construction project included the reconstruction and widening of Route 15, the construction of an overpass, and the construction of drainage improvements. 11. During the course of the Construction Project, at some time prior to November 7, 2003, Defendants, Iafrate Companies, acting through its agents, servants, employees, and/or contractors, constructed storm drains on Route 15. 12. At some time prior to November 7, 2003, Defendants, Iafrate Companies, acting through its agents, servants, employees, and/or contractors, improperly secured covers on the aforementioned storm drains. 13. On or about November 7, 2003, Defendants, Iafrate Companies, acting through its agents, servants, employees, and/or contractors, directed traffic traveling on Route 15, to drive over the aforementioned storm drains and the improperly secured covers. 14. On or about November 7, 2003, at approximately 2:47 a.m., Plaintiff was traveling south on Route 15, through the construction zone. 15. Defendants, Iafrate Companies, acting through its agents, servants, employees, and/or contractors, directed vehicles to drive over the aforementioned storm drain. 16. As Plaintiff was traveling through the construction zone, the storm drain cover became dislodged, and entered lane in which Plaintiff was traveling. 17. Plaintiff was faced with an emergency situation, and could not avoid striking the storm drain. 3 18. Defendants, Iafrate Companies, acting through its agents, servants, employees, and/or contractors, were negligent in: a. Creating a dangerous condition of the roadway; b. Improperly constructing the storm drains on Route 15; c. Failing to properly secure, fasten, affix and/or install the cover to the storm drain; d. Improperly securing, fastening, affixing, installing, and/or configuring the cover on the storm drain in such a manner that the cover shifted, became loose, unstable and/or otherwise moved from its proper position; e. Improperly directing traffic to travel over the storm drain, when it was not safe to do so; f. F ailing to provide adequate and proper warning of the dangerous condition created by Defendants; g. Failing to warn Plaintiff that the cover on the storm drain was not properly secured, fastened, affixed, installed and/or configured; h. Failing to properly supervise the construction of Route 15, to ensure that the roadway was safe to travel; I. Failing to properly supervise the installation of the covers of the storm drains to ensure that they were properly secured, affixed, fastened, installed and/or configured; and j. Failing to properly supervise the construction Project to ensure that the roadway was safe for vehicles to travel. 4 19. As a result of the Defendants' negligence, Plaintiff suffered damages, losses and expenses including, but not limited to: a. Physical damage to his vehicle, including but not limited to damage to the fuel tank and brakes; b. Emergency repair costs; c. Loss of diesel fuel; d. Loss of use; e. Loss of income; and f. Emergency clean up costs. 20. As a result of Defendants' negligence, Plaintiff suffered an interruption of his usual occupation and incurred a loss of earnings. 21. As a result of Defendants' negligence, Plaintiff incurred costs to repair the damages to his vehicle. 22. As a result of Defendants' negligence, Plaintiff incurred costs to clean up the diesel fuel that spilled. 23. As a result of Defendants' negligence, Plaintiff lost a return load, 24. Plaintiff claims damages in an amount not exceeding the jurisdictional amount requiring arbitration. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount not in excess of $25,000, plus interest and costs. 5 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: December 21,2004 ~~ Thomas S. Brumbaug squire Attorney 1.0. No.: PA 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Plaintiff 6 VERIFICA TION I, Lawrence J. Goater, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications made to authorities, /~!/O1 Date: .......... ~ --{) ~ ~ ~ ~ ~ D. ~ C> &~ fL -:::t::J D L }< ~ o "-> c: g 0 "Tl t; ..r:- '"Tl j~ ~ :~ g ,:.~ _J -~ C) - ..J ~ (.~', "'" ""'! It <6.z-; 3: a::J :J> ,d. ;<'''' 0 -7 - din ~_ .. --I ~ N ?i3 w -< ;:..; (:J !1=-'i Thomas S. Brumbaugh, Esquire Attorney 1.0. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441.7060 e-mail: tbrumbauhtthlaw.com LAWRENCEJ.GOATER Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION, ANGELO IAFRATE CONSTRUCTION COMPANY, and ANGELO IAFRATE COMPANIES NO.: 04-6525 CIVIL ACTION - LAW Defendants ARBITRATION PROOF OF SERVICE I hereby certify that on January 7, 2005, a true and com~ct copy of the Complaint was served pursuant to PaRC.P. 403, by Certified Mail, as evidenced by the attached return receipt cards indicating service upon the following: ANGELO IAFRATE CONSTRUCTION COMPANY 26400 Sherwood Warren, MI 48091 and ANGELO IAFRATE COMPANIES 26400 Sherwood Warren, MI 48091 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP < ~~ -~ ~,~ Thomas S. BrumbaL!Qf!" squire Attorney 1.0. No.: 9037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 Attorneys for Plaintiff Date: January 21, 2005 ~ . ,'~_ ~ ~tfhtI!\Ict!~?rl'li~~'hJ':""~lllllll{l/'IJI'I.I ------.----------------.........- First-Class Mail Postage & Fees Paid USPS Permit No. G-10 . S~r: Please print your name, address, and ZIP+4 in this box. I homa.s s. €!rrwnba.4CJ A . E s ~ JhomaSt TJ1omCt~ e J-tafer{ L-l-f/ ({o,BCf'{ q q 9 ..... ~ 1-+a'rn~hu!J .p /) / [ I ()! .t; ...., ::re ~ -- 1/111/ UNITED STATES POSTAL SERVICE ~- --~ . Complete Kerns 1, 2. lII)d 3. Also complete item 4 n Restricted Delivery is desired. . Print your name and address On the reverse; so that we can return 1he card to you. . . Attach Ihis card 10 the back of the mallplece, or on the front If space permits, [J Agent [J Add....... C. Date of Delivery 7 2005 [J Yes [J No ..1A~~:1~b.~~+eAbr"$fr~ )j,2J.aD Sh~rlJJocd WctY"U"-eY"/ ftl* tj-g6qj lee Type CertifIed Mall [J Registered [J Insured Ma" t:J C,\J.O; 4. R_cl8d Delivery? (Extra Fee) [J Yes 2._ Midis Number (rransfer froin ssrvtco IebeI) PS Form 3811, February 2004 7004 2510 0003 5004 6759 .~ # _1Q2595.0~'M:154(j Domestic Retum Receipt UNfrED SrATES POSTAL SERVICE . Sender: Please print Your name, address,'and ~+4 in this box. 7lz omtlS S tSru.n-, /)(uyh ,1f::S! . !htJ/i}QS, TfltJ(haj 8 /-la -kr ,/ L P . p. O.bux 9'g g HtWrt{;buiy. f7A l7/ocf Ilm "irst-Class Mail Postage & Fees Paid USPS Permit No. &10 r!;a. . '/1 Iud 'ffl -------------._~_._----:..- -.-.----- '--. ----_._--_._._._----------~---_.__.. . . · . "so complete 1 2 and 3,~ red · ComPlet~=~ed Delivery Is ~~e ";V6lS6 . ttem 4 II . and address 0 ou your name .. card to y '. . · Print ." n return the I the mallplece, so that we ca to the back 0 · Allach t~lfr:n't~1 space permits. or on th!.> .', _ t. Artlc!e~edto~ k COrnfO./lle,s An~iJ1:>1b. tctwood ~ lflrD ~hrnelt L/ 'i' () q I WQrren I o Asfnl o Add...... .~ D~IIvEHy DYes ONo ,2. Article N:: servfce label) (rransfer 04 3811 Februaty20 PS Form L. 7004 3. ce Type 0 F~ Man/pI.fOr Merchandise Certmed Mall ~e';~;;;-Rece . o Registered 0 COD. red Mall . . 0 ves D lnsu . ra Fee) I' lrlcted Delivl~ty'l (Ext 4 Res . 5004 6766 2510 0003 102595-02.M-'S4. I Recelpl Domestic Return CERTlFICA TE OF SERVICE AND NOW, this ~ day O~005' I, Cynthia K. Self, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: ANGELO IAFRATE CONSTRUCTION COMPANY- NORTHERN DIVISION 823 Herman Drive Mechanicsburg, PA 17055 ANGELO IAFRATE CONSTRUCTION COMPANY 26400 ShelWood Warren, MI 48091 ANGELO IAFRATE COMPANIES 26400 ShelWood Warren, MI 48091 THOMAS, THOMAS & HAFER, LLP ~lt:i4 Cy thia K. Self' ) . " 'J .(1 --, c- \ - , \---, W SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06525 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GOATER LAWRENCE J VS ANGELO IAFRATE CONSTRUCTION ET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ANGELO IAFRATE CONSTRUCTION COMPANY NORTHERN DIVISION but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , ANGELO IAFRATE CONSTRUCTION COMPANY NORTHERN DIVISION 823 HERMAN DRIVE MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 8.14 5.00 10.00 .00 41.14 So ~.nswers. :..... .....7 . _ .:/ -)~.. ,.-------------------- " --,,/~-::-~ R. Thomas Kline' Sheriff of Cumberland County THOMAS THOMAS HAFER 01/05/2005 Sworn and subscribed to before this -< 'i ~ day of C}-; me ;)1J1J .5 A . D . ~ Q 'rvtdL Pr t onotary ,/' ,~./r ~ Thomas S. Brumbaugh, Esquire Attorney 1.0. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441.7060 e-mail: lbrumbauhtthlaw.com LAWRENCE J. GOATER Plaintiff At/orne 5 for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 04-6525 ANGELO IAFRATE CONSTRUCTION COMPANY - NORTHERN DIVISION, ANGELO IAFRATE CONSTRUCTION COMPANY, and ANGELO IAFRATE COMPANIES, CIVIL ACTION - LAW ARBITRATION Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: May 20, 2005 < ~~ c Thomas S. Brumbau , squire Attorney 1.0. No.: P 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Attorneys for Plaintiff ". CERTlFICA TE OF SERVICE AND NOW, this ;200 day ofrfLc~ ' 2005. I, Cynthia K. Self, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: ANGELO IAFRATE CONSTRUCTION COMPANY- NORTHERN DIVISION 26400 Sherwood Warren, MI 48091 ANGELO IAFRATE CONSTRUCTION COMPANY 26400 Sherwood Warren, MI 48091 ANGELO IAFRATE COMPANIES 26400 Sherwood Warren, MI 48091 Tfi,OMAS, T~OM1S .9A.FER, LLP [1 ju';JXdiJI- c~self ; "' e,J --::',\ '--? --~. r:..,