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HomeMy WebLinkAbout02-6073DEBBIE ANN RIVERA, Plaintiff V. RUSH TRUCKING CORPORATION, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013-3387 Telephone: (717) 249-3166 Date: Respectfully Submitted, AttOrney for Plalnt~ 108 - 112 WalnuYStreet Harrisburg PA 17101-1609~ (717) 238-4798 (717) 238-4793 - Fax Pa. I.D. No. 25827 DEBBIE ANN RIVERA, Plaintiff .. V. .. RUSH TRUCKING CORPORATION, " Defendant : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O~. -- ~O?~ CIVIL ACTION - LAW dURY TRIAL DFMANDF:D COMPLAINT AND NOW, comes the Plaintiff, Debbie Ann Rivera, by her attorney, Lawrence J. Neary who respectfully represents as follows: 1. Plaintiff, Debbie Ann Rivera, is an adult individual residing at 2217 Third Street, Steelton, Dauphin County, Pennsylvania 17113. 2. Defendant, Rush Trucking Corporation, is a Michigan corporation with its offices located at 3800 Vanborn Road, Wayne, Michigan 48184. 3. On April 12, 2001 at or about 9:45 p.m., Plaintiffwas the operator of a motor vehicle traveling north on Interstate 81 in South Middleton Township, Cumberland County, Pennsylvania in the left or passing lane, at which time a tractor trailer unit, owned and operated by an agent, servant or employee of the Defendant, Rush Trucking Corporation traveling in the right lane of travel, caused or allowed said vehicle, while changing lanes to the left lane, to collide into the Plaintiff's vehicle causing it to veer off the roadway and flip over. 4. This accident resulted solely from the negligence and recklessness of the Defendant by or through its agents, servants or employees herein and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 5. The negligence and recklessness of the Defendant by or through its agents, servants or employees consisted of the following: a. Failure to properly operate and control the motor vehicle. Operating the vehicle without due regard for the rights, safety and position of the Plaintiff at the point aforesaid. Operating the vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the operation of vehicles on the streets and highways. Failing to keep a reasonable and proper look out on the highway for other vehicles, eo Failing to exercise a degree of care, caution and skill reasonable required under all the circumstances. f. Failing to notice the vehicle of the Plaintiff. Failing to take evasive action in order to avoid impacting with the Plaintiff's vehicle. h. Failing to change lanes in a safe manner. 6. As a result of this accident, Plaintiff has suffered injuries which are or may be serious, including multiple abrasions, left sided pain in the head, eye, hip and abdomen area, numbness, tingling and weakness in the left leg, reversal of the normal cervical lordosis, multiple rib fractures, migraine headaches, neck, leg and back pain, bilateral arm numbness, bulge at the C5-6 disc, muscle spasm, left lower leg radiculopathy; damage to the nerves and nervous system and various other ills and injuries. 7. As a further result of this accident, Plaintiff has been obliged to receive and undergo medical attention and care and to incur various expenses which expenses may exceed the sum recoverable under the limits in 75 P.S. § 1711 and may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 8. As a further result of this accident, Plaintiff may suffer a loss of earnings and impairment of earning capacity which such loss of income and/or impairment of earning capacity or power may exceed the sum recoverable under the limits in 75 P.S. §1711. 9. As a further result of this accident, Plaintiff has suffered severe physical pain, mental anguish, inconvenience, humiliation, and loss of life's pleasures and may continue to suffer the same for an indefinite time in the future. WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of $25,000.00 plus costs of suit. Date: Respectfully Submitted, ~11~,~-.'~ Lawr d e J. Esqup Attefney for Pl~i~iff 108 - 112 Walndt Street Harrisburg PA 17101-1609 (717) 238-4798 (717) 238-4793 - Fax Pa. I.D. No. 25827 3 VERIFICATION I verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: De~/bbie Ann Rivera DEBBIE ANN RIVERA, Plaintiff RUSH TRUCKING CORPORATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-6073 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned action ended, s.ettled and discontinued and all costs have been paid. Date: Respectfully Submitted, Lav/'rence J./~eary, Esqu~e AttOrney fo~/./Plaintiff 108 - 117 Walnut Street ! Harrisburg PA 17101-1609 (717) 238-4798 (717) 238-4793 - Fax Pa. I.D. No. 25827 CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plaintiff, hereby certify that I have on the date shown below served a copy of the foregoing Praecipe to Discontinue to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Al Transport Attn: William E. Melvin, Claims Manager 145 Wellington Street West Toronto, ON M5JH18 Date: Respectfully Submitted, Lawrer)/c& J. N~ry, Esquxi~ Attorney for Plaintiff ~ 108-112 VValnut Street Harrisburg PA 17101-1609 (717)238-4798 (717)238-4793 - Fax PA I.D. No. 25827