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Home My WebLink About06-1855TOWNSHIP OF HAMPDEN, Plaintiff V. ENVIRONMENTAL CONSTRUCTION GROUP, LLC and AMERICAN CONTRACTORS INDEMNITY COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons upon Defendants Environmental Construction Group, LLC located at 320 North Front Street, Wormleysburg, Pennsylvania 17043 and American Contractors Indemnity Company located at 9841 Airport Boulevard, 9th Floor, Los Angeles, California 90045. SNELBAKER & BRENNEMAN, P. C. BY: W, v ? Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Attorney ID No. 47077 (717) 697-8528 Date: March 30, 2006 Solicitor for Township of Hampden TO: Environmental Construction Group, LLC and American Contractors Indemnity Company, Defendants YOU ARE HEREBY NOTIFIED that the Township of Hampden has commenced an action against you. Date: ??a8yc??,?. /s/ Curtis R. Long, Prothonotary LAW OFFICES SNELBAKER $[ By; ?? BRENNEMAN, P.C. 4? i \? ?U'??a ?? V 1. ;r? ?„} ?? h \,1 h C\ ?;,, t Ja ?? '??. `# U V? A l h S. ?:. OF HAMPDEN, Plaintiff V. AL CONSTRUCTION P, LLC and AMERICAN RACTORS INDEMNITY ANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 1855 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 405 COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND Keith O. Brenneman, Esquire, being duly sworn according to law deposes and LAW OFFICES SNELBAKER & BRENNEMAN, P.C. says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the Solicitor for the Township of Hampden, Plaintiff in the above captioned matter; that on March 31, 2006 he did send to Defendant American Contractors Indemnity Company by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Writ of Summons which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 81310265; that both the Writ of Summons and cover letter were duly received by Defendant American Contractors Indemnity Company as evidenced by the return receipt card for said certified mail; that a copy of the aforementioned cover letter dated March 31, 2006 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 11 "' day of April, 2006. Notary Public COMMONWEALTH OF PENNSYLVANIi: Notarial Seal Susan L. Mated, Notary Public Mechanicsburg Bom, Cumbertand County My Commission Expires Nov. 24, 2007 Member. Pennsylvania Association Of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2- SNELBAKER & BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 March 31, 2006 American Contractors Indemnity Company 9841 Airport Blvd. 9`I' Floor Los Angeles, CA 90045 P. O. BOX 318 FACSIMILE (717) 697-7681 Re: Township of Hampden v. Environmental Construction Group, LLC and American Contractors Indemnity Company No. 2006-1855 C.C.P., Cumberland County, Pennsylvania Dear Sirs: Enclosed please find a certified Praecipe and Writ issued with respect to the above legal action noting that a lawsuit has been commenced against you. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Michael Gossert, Township Manager (w/enclosure) Steven Campbell, Hampden Township (w/enclosure) By certified mail, return receipt requested, restricted delivery, Parcel No. 7003 1010 0000 8131 0265 EXHIBIT A CERTIFIED MAIL. RECEIF (Domestic Mall Only; No Insurance Covers; ra m Postage $ r ___.... o ED certified Fee 2.40 ? C3 G co Return Reciept Fee - Postnad, Here (Endorsement Required) 1.85 ? lR It O ra Restricted Delivery Fee 3.70 O (Endorsement Required) Total Postage 8 Fees $ (?, 3 M Ml Sent To E3 American Contractors Indemnity Co pa m __ r` si;?i,aPr:NO.gg41"Airpor£?Blvd.;??t3tTi?Floo r Los Angeles, CA 90045 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ¦ 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. A. Sip X o S. Received D. Is delivery address different from item 19 ? Yes If YES, enter delivery address below: 0 No Los Angeles, CA 90045 3. setvice7ype Menified Mall ? Express Mall ? Registered ? Return Receipt for Merchandise ? Insured Mail ? CA.D. 4. Restricted Delivery? (Extra Fee) W6 2. Article Number (Transfer from servloa 7023 1010 0320 8131 0265 1. Article Addressed to: American Contractors Indemnity Company 9841 Airport Blvd. 9th Floor Ps Form 3811, August 2001 Domestic Return Receipt 102595-02-M-15{0 EXHIBIT B L% CJ i U^, r? C? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01855 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAMPDEN TOWNSHIP OF VS ENVIRONMENTAL CONSTRUCTION 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 ENVIRONMENTAL CONSTRUCTION GROUP LLC but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT ENVIRONMENTAL CONSTRUCTION GROUP LLC 320 N FRONT STREET WORMLEYSBURG, PA 17043 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answ ?k Docketing 18.00 Service 14.08 Not Found 5.00 omas Kline Surcharge 10.00 S eri of Cumberland County Postage .39 47.47 BAKER BRENNEMAN 04/04/2006 Sworn and subscribed to before me this /9 °` day of aovL A. D. Prothonotary ;zl s.?J ludil ES =I d of dvw Soot Vd'AlNfloi 6Wi l 181 8W(!3 33183HS 3Hi 30 30133fl SHERIFF'S RETURN - OUT OF COUNTY y a CASE NO: 2006-01855 P j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAMPDEN TOWNSHIP OF VS ENVIRONMENTAL CONSTRUCTION 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: ENVIRONMENTAL CONSTRUCTION GROUP LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 2nd , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So ans Qr Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 40.80 Sheriff of Cumberland County Postage .78 78.58 05/02/2006 SNELBAKER BRENNEMAN Sworn and subscribed to before me this 19 w< day of c2ba(_ A. D. Prothonotary Township of Hampden 3. DEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT Environl»ental Construction Group LLC Writ of Summons WOSUM SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD EnvirormTental Construction Group LLC (president Matthew C Kichman) 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP.. STATE AND ZIP CODE) AT DE PA 17339 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE PUTIZE j j a U 1ST CLASS MAIL U POSTED 'J OTHER NOW A ,J T 12, 20_06 I, SHERIFF OF IM COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thi a return the cording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SII"E.O F COUNTY Curnberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland county sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in oustody of whomever is found in possession, alter notifying person of levy or attachment, without hab fity on the part of such deputy or the sheriff to any plaintiff herein for any Idea, destruction, or removal of any property before sheriffs sale thereof. IL TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE- I T H 0 . B R E N N E M A N , E S Q 10. TELEPHONE NUMBER t t. DATE FILED 44 WEST MAIN ST., MECHANICSBURG, PA 17055 17-697-8528 3/30/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND COUNTY SHERIFF Rolm Ipw Vim t 13. 1 acknowbdge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or mmplainl eareaci red above. MJ MCGILL 4/13/2006 4/29/2006 16. NOW SERVED. PERSONAL W RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O certify d return a NO U use I am unable to locale the individual, company, etc. named above. (See remarks below.) 18. fND L U ED/ ADDRESS HERE NOT, ?1fOWN ABOVE (Relati q+yr to ridant) 19 Date of Service 20 Time of Service 21. ATTEMPTsf Dust ITene I Miles I Int I Date I Time Mlles I Int. I Date I Time I Miles I Im. I Date I Time I Miles I Int. I Dare I Time-[Miles Int. Date Time Miles Int 23. Advance $ 1 0 D O D costs is ! 24 Service S' 25 N/F 26 Mile a 1 27 Postage 28 Sub Total e72 = 2111. Pound 30 Notary 31 Surag 714 O-S Coaft j ]] 'aRefund Chet - P 34. Fotsipft County Costs 35. Advance Costs Service Costs 36 37. Notary Cart . 38 . Milealte/PosUgrlNO1 FourM 39. Total Costs 40. Costs Due or Refund 41. AFFINMED r a s u b c e d 0 befalls me this I4 1 tie d s SO ANSWERS ( y 4 p _ F? AA ft lM uV t r lI d1? 42 ' C' " ' N . Signature of -7- 4 j04T5' O . I..aZ3 .TmL1q:a: Dep Sherd/ , .7 C I NOTARIAL SEA I NOTA 46. S gruture of Yark 47. DATE LISA L. BOWMAN, NOTARY PUBLIC County Sh erill t.i ` CITY OF YORK, YORK COUNTY [ MY COMMISSION EXPIRES AUG. 12, 2009 46. SignatureofForergn Count Sheriff 49. DATE y nc ?ncnrr r a nc , unn aiunn r one 151. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE U WHITE - W$Wq Audlpiy 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs Office Ilk.. &E a d E I bdV 9001.. yid ".' L2:0 JJIJIHS 3131 03h13 J: i S -`* COUNTY OF YORK OFFICE OF THE SHERIFF S(7R17)77196011 45 N. GEORGE SL,YORK; PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN .ar_ 1 Township of Hampden 2 4. vcrersuwrvi,w Environmental Construction Group LLC I Writ of Summons WOSUM SERE ¦ 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC 70 SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD <¦¦j\ Environmental Construction Group LLC (president, Matthew C. Kic)man) B. ADDRESS (STREET OR RFO MATH BOX NUMBER. APT NO. CITY. BORO. TWP STATE AND ZIP CODE) AT Stacie 355 Old Road Lewis PA 17339-' 7. INDICATE SERVICES U PERSONAL LT PERSON IN CHARGE DEPUTIZE Miftft ld U 1ST CLASS MAIL U POSTED U OTHER H£ IFFOF-) {lereby deputI a sreri f of NOW York- Apizil 12, i -20 9¢ , t;` S UN?l"t PA, COUNTY to execute i *k e e t d Ing to law. This deputization being made at the request and risk of the plaintiff., i?ri 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SF(1) "rE. 0 F C 0 U N T Y Cumberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: M.B. WAI R OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watmnlan, in custody of whomever is found in possession, after notifying person of levy w attachment. without liability on the part of such deputy or me sheriff to any plaintiff herein for any bas, destruction. or removal of any property before sh nffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and 51GNATUWITH 0. B R E N N E M A N , ESQ 10. TELEPHONE NUMBER 11 DATE FILED 44 WEST MAIN ST., MECHANICSBUR;G, PA 17055 7,17=697-8528 3/30/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed I notice is to be mailed). CUMBERLAND COUNTY SHERIFF 4--mm" MMM MAW 7m4j w-, 13. 1 acknowledge receipt of the writ deepmpllant as ardioaled above. MJ MCGILL 14. DATE RECEIVED 4/13/2006 15 Expiation/Hearing Date 4/29/2006 16. HOW SERVED: PERSONAL ( RESIDE CE POSTED ( ) POE (,) SHERIFF'S OFFICE ( ) OTHER( I SEE REMARKS BELOW 17. 16. Of d return a NOLFQ L I L S PfP Dec se lam unable to locate the individual, company, etc. named above. (See remarks below.) E l L ADDRESS HERE I NOT OwN OVE ( tsti' to nda X) 19, Dale of Service 20 Time of Service I ww.?'j C ;"?.? 12 vc p^ 21 ATTEMPTS Dale 'Time Mi?s Int. I Da Time Mites Int Date Time sales :. Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. LV ' L1u 23. Advance Cc $100.00 41. AFFIRMED and SAII)Scribed to b 42day of APRL0181143 ostage 2$. $uD clan 37. Notary Cert I 44. Signature of Dep. Sheriff 46. Signature of I County Sheriff eage/PoslagHNot Found; y} So ANEW yam- 39. Total Costs Or G('0 49 DATE 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - ksw g AUUW*y 2. PINK - AtfomeY 3. CANARY - SheriRS Office 4. BLUE - Curtis R. Long Prothonotary office of the Vrotbonotarp Cumbertanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor r!S? CVIL TERM -6L - ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573