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Home My WebLink About05-5810 File #05-05-407 LAW OFFICE OF STEWARTC. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY l.D. NO. 09827 223 North Monroe Street Attorney for Plaintiff Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY IN CIVIL ACTION alslo WILLIAM CRATER 309 Lakeside Drive, Suite 100 Horsham, P A 19044 NO.: 0 S -!;P/6 e'u~CT~ v. HAMPTON CONSTRUCTION LTD. 424 Railroad Avenue Shiremanstown, P A 170 II & PYRAMID CONSTRUCTION SERVICES INC. 4425 Valley Road, Suite 100 Enola, P A 17025 & VERIZON PENNSYLVANIA INC. 1717 Arch Street, 22"' Floor Philadelphia, P A 19103 NOTICE Tb DEFEND 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 an 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 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 CANNOT PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGABLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (71 7) 249-3166 (800) 990-9108 File #05-05-407 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY J.D. NO. 09827 223 North Monroe Street Attorney for Plaintiff Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY a/s/o WILLIAM CRATER 309 Lakeside Drive, Suite 100 Horsham, P A 19044 IN CIVIL ACTION NO.: Of: - S'PID C; ull <--r- ~ v. HAMPTON CONSTRUCTION LTD. 424 Railroad Avenue Shiremanstown, P A 17011 & PYRAMID CONSTRUCTION SERVICES INC. 4425 Valley Road, Suite 100 Enola, P A 17025 & VERIZON PENNSYLVANIA INC. 1717 Arch Street, 22nd Floor Philadelphia, PA 19103 COMPLAINT 4030 Motor Vehicle Property Damage 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above-captioned address. 2. Defendant Hampton Construction LTD is a business entity authorized to do business in Pennsylvania and was involved in this accident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 3. Defendant Pyramid Construction Services Inc. is a business entity authorized to do business in Pennsylvania and was involved in this accident and, at all times pertinent hereto, had as a principle place of business the above- captioned address. 4. Defendant Verizon Pennsylvania Inc. is a business entity authorized to do business in Pennsylvania and was involved in this accident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 5. On June 24, 2004, Plaintiff had a policy of insurance with William Crater, hereinafter referred to as named insured. 6. On the aforesaid date, a motor vehicle insured by Plaintiff, hereafter the insured vehicle, was involved in an incident with Defendants. 7. On the aforesaid date, the insured vehicle was traveling northbound on SR 2011 approximately 3 miles from Mechanicsburg Borough in Cumberland County, Pennsylvania when it struck a utility pole and/or wire(s) that fell across the roadway causing damage to the insured vehicle. 8. Defendants owned or were in control of both, individually or jointly, the utility pole and/or wire(s). 9. Pmsuant to the aforesaid policy of insurance, Plaintiff became liable for damages that arose out of this accident. 10. Due to this incident, expenses were incurred for damage to the insured vehicle, towing, storage and car rental. 11. Pursuant to the aforesaid policy of insurance, the Common Law and governing statutes, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $2,109.28. COUNT I - NEGLIGENCE Plaintiffv. Hampton Construction LTD 12. Plaintiff incorporates paragraphs I through 11 inclusive as if fully set forth at length herein. 13. The accident was caused by the negligence of the Defendant in that, acting through its agents, servants, workman or employees, aU operating within the scope of their employment: (a). Defendant failed to adequately and properly make reasonable inspections as would have revealed the dangerous condition; (b). Defendant failed to discover dangerous and unsafe conditions it knew or could have known existed; (c). Defendant was negligent for permitting and allowing unsafe conditions to exist; (d). Defendant failed to protect Plaintiffs insured and others from a dangerous condition ( e). Defendant failed to warn Plaintiff s insured and others from a dangerous condition; (t). Defendant disregarded the rights and safety of Plaintiffs insured who was lawfuUy proceeding at the aforesaid location. WHEREFORE, Plaintiff demands judgment for $2, 109.28 plus interest and costs of suit. COUNT II - NEGLIGENCE Plaintiff v. Pyramid Construction Services Inc. 14. Plaintiff incorporates paragraphs 1 through 13 inclusive as if fuUy set forth at length herein. 15. The accident was caused by the negligence of the Defendant in that, acting through its agents, servants, workman or employees, aU operating within the scope of their employment: (a). Defendant failed to adequately and properly make reasonable inspections as would have revealed the dangerous condition; (b). Defendant failed to discover dangerous and unsafe conditions it knew or could have known existed; (c). Defendant was negligent for permitting and allowing unsafe conditions to exist; (d). Defendant failed to protect Plaintiffs insured and others from a dangerous condition ( e). Defendant failed to warn Plaintiff s insured and others from a dangerous condition; (f). Defendant disregarded the rights and safety of Plaintiffs insured who was lawfully proceeding at the aforesaid location. WHEREFORE, Plaintiff demands judgment for $2, 109.28 plus interest and costs of suit. COUNT III - NEGLIGENCE Plaintiffv. Verizon Pennsylvania Inc. 16. Plaintiff incorporates paragraphs 1 through 15 inclusive as if fully set forth at length herein. 17. The accident was caused by the negligence ofthe Defendant in that, acting through its agents, servants, workman or employees, all operating within the scope of their employment: (a). Defendant failed to adequately and properly make reasonable inspections as would have revealed the dangerous condition; (b). Defendant failed to discover dangerous and unsafe conditions it knew or could have known existed; (c). Defendant was negligent for permitting and allowing unsafe conditions to exist; (d). Defendant failed to protect Plaintiffs insured and others from a dangerous condition (e). Defendant failed to warn Plaintiffs insured and others from a dangerous condition; (t). Defendant disregarded the rights and safety of Plaintiffs insured who was lawfully proceeding at the aforesaid location. WHEREFORE, Plaintiff demands judgment for $2, 109.28 plus interest and costs of suit. ;CI DATE: VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J Date: ART . CRA WFO , ESQUIRE Attorney for Allstate Insurance Company () ~ 1 \ lJ) ~ If'\ lI\ (J '"" 0 c:=:: - ~ () c:-~ ~j; ~n ~ .... -J ,..c. ~ :t:-n C> (~ 01[':::: uJ ~ rtl ()'- ~ F- I CJ C3 t::) T C) 1 ~,.; ~~ ~\~ _r..~ , --:I-n (~ \"J c_ _---I :/ ~ -.'1 .~<" .~'~ Law Office of Robert P. Reed Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717582-3008 Attorney's LD. No. 15624 Email: reedlaw(cvdirecway.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLSTATE INSURANCE COMPANY a/s/o WILLIAM CRATER 309 Lakeside Drive, Suite 100 Horsham, PA 19044 Plaintiff CIVIL ACTION - LAW NO. 05-5810 Civil Term vs. HAMPTON CONSTRUCTION MANAGEMENT, LTD. 424 Railroad Avenue Shiremenstown, P A 17011 and PYRAMID CONSTRUCTION SERVICES, INC. 4425 Valley Road, Suite 100 Enola, P A 17025 and VERIZON PENNS YL VANIA, INC. 1717 Arch Street, 22nd Floor Philadelphia, PA 19103 PRAECIPE FOR ENTRY OF APPEARANCE TO: Curt Long, Prothonotary Enter the appearance of the undersigned on behalf of Defendant, Hampton Construction Management, Ltd. Dated: 1/- 17- {)j- LAW OFFICE OF ROBERT P. REED BY: 7"dItv-7~'--/~_..,/. Rober! P. Reed, Esquire 1983 Mam1sville Road Elliottsburg, P A 17024 717 582-3008 Attorney's LD. No. 15624 Counsel for Defendant, Hampton Constmction Management, Ltd. CERTIFICATE OF SERVICE And now, on this /7-1/ day of November, 2005, I, Robert P. Reed, Esquire, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid in New Bloomfield, Pennsylvania addressed to: Stewart C. Crawford, Esquire Law Office of Stewart C. Crawford & Associates 223 North Monroe Street Media, P A 19063 LAW OFFICE OF ROBERT P. REED BY: ~iT7C:: ~-#' Robert P. Reed, Esquire 1983 Mannsville Road Elliottsburg, P A 17024 717 582-3008 Attorney's J.D. No. 15624 Counsel for Defendant, Hampton Construction Management, Ltd. c~. ~~-r\ ~-,~, ~1~ -~.: (\\ ~: c c:} r:-? r<} C;:. SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS HAMPTON CONSTRUCTION LTD ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAMPTON CONSTRUCTION LTD the DEFENDANT , at 1535:00 HOURS, on the 14th day of November, 2005 at 3607 HARTZDALE DRIVE CAMP HILL, PA 17011 by handing to HARRY MOORES JR, ADULT IN CHARGE 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 Service Affidavit Surcharge So Answers: 18.00 10.56 .00 10.00 .00 38.56 r'~~:~ , R. Thomas Kline 11/16/2005 STEWART CRAWFORD Sworn and Subscribed to before By: d-y~ - / Deputy Sheriff me this .:l')""""<< day of 7~~ A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS HAMPTON CONSTRUCTION LTD ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PYRAMID CONSTRUCTION SERVICES INC the DEFENDANT , at 1345:00 HOURS, on the 15th day of November, 2005 at 4425 VALLEY ROAD SUITE 100 ENOLA, PA 17025 by handing to TAMMY HONSHAR, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 13 .44 .00 10.00 .00 29.44 -:,;."",..../-~..;_~.,.'_4..'- or ;':;;'2.'#' '>..,:'r:.:.-,~.;:.,t, R. Thomas Kline ./~ ~.... #~~ .,p'.,,, ~ ~"r _k-..4~' ., . " Sworn and Subscribed to before 11/16/2005 STEWART CRAWFORD By: -??~~.. Deputy Sheriff ..,,,-- me this .22.~ day of ~v.L .:1IJo5' A.D. {J~ Pro 0 ~tary .___e" .. File #05-05-407\dj LAW OFFICES OF STEW ART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY J.D. #09827 223 North Monroe Street P.O. BOX E Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY A/S/O WILLIAM CRATER : NO. 05-5810 VS. HAMPTON CONSTRUCTION LTD. & PYRAMID CONSTRUCTION SERVICES INC. & VERIZON PENNSYLVANIA INC. : IN CIVIL ACTION ORDER TO SETTLE TO THE PROTHONOTARY: Kindly mark the above captioned case SETTLED, DISCONTINUED, AND ENDED against the Defendant, upon payment of your cost only. '1 ST WART C. CRA WFO Attorney for Plaintiff (~ ("--- ~-,.-. ( _.J