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Home My WebLink About98-00005 F ;\FILU\OA T At Ill:\tRAN!rxx~,S 1.(.()~t.1 'JId ['mlrd: IlflVI7Cll)IUS rM I RnIMd: Olm1/QII09:19,"AM SHAFFER TRUCKING, INC., Plainti IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SWAIN & SONS TRANSPORT, INC, CIVIL ACTION. LAW NO. 'i'i. 0 5 ~ -'-:c.-.... and EDWARD THOMAS STRICKLAND, Defendants NOTICE You have been sued in eourt, If you wish to defend against the elaims 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 Plaintiffs, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I 66 SHAFFER TRUCKING, INC" Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v. CIVIL ACTION. LAW NO, 'i'V, 0" CL.'A ..,--...- SWAIN & SONS TRANSPORT,INC. and EDWARD THOMAS STRICKLAND, Defendants COMPLAINT AND NOW, comes the Plaintiff, Shaffer Trucking, Inc., by and through its attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and avers as follows: I. Plaintiff is Shaffer Trucking, Inc, which is a corporation located at 1',0. Box 418, New Kingstown, Cumberland County, Pennsylvania, 2, Defendant, Swain & Sons Transport, Inc" is a corporation with offices at 165 South Parkway West, Memphis, Tennessee 38109, 3. Defendant, Edward Thomas Strickland, is an adult individual residing at 4429 Knight Arnold Road, Memphis, Tennessee 38118, 4, At all relevant times, Defendant Strickland was an employee, operator, agent, and servant of Defendant Swain, 5. At all relevant times, Swain & Sons Transports, Inc, was the owner of a 1995 International tractor trailer. 6. At all relevant times, Shaffer Trucking, Inc, was the owner of a 1991 Freightliner tractor trailer, 7. On or about January 26, 1996, at 10:45 a,m, PlaintifPs vehicle was being operated by Plaintirrs driver northbound on Route II in the vicinity 01'78 East Main Street, New Kingstown, Pennsylvania, 8. PlaintifPs vehicle was in the left lane of Route II which had two lanes going northeast. 1 9, At that same time and place, Defendant Swain's tractor trailer was being operated by Defendant Strickland in the same direction and in the same area in the right hand lane, 10, At that same time and place, Defendant Strickland suddenly and without warning turned into the left lane from the right hand lane while operating Defendant Swain's vehicle and struck Plaintil'rs vehicle, II, Said accident was a result ofthe negligence and carelessness of Defendant Strickland while in the course and scope of his employment with Defendant Swain making Defendant Swain also careless and negligent. 12. Said carelessness and negligence consisted of: (a). failing to operate the tractor trailer in a proper manner; (b). failing to observe traffic conditions; (c). failing to change lanes in a safe proper manner; (d). failing to yield the right of way to a vehicle in the left lane; (e), failing to signal a change from the right lane into the left lane; (f), failing to obey the Pennsylvania Vehicle Code; and (g), failing to act as a reasonably prudent and safe driver. 13, As a result of the negligence of Defendant Swain and Defendant Strickland, Plaintil'rs vehicle was damaged in the area of the right side bumper, headlight area, and fiberglass was cracked and broken. 14. The reasonable cost to repair the above damage was $2,070,03. WHEREFORE, Plaintiff demands judgment against Defendant Swain and Defendant Strickland in the amount 01'$2,070,03 plus costs, all of which are within the limits of compulsory arbitration in Cumberland County, Pennsylvania. Respectfully submitted, 'i I I , Date: January 2, 1998 MARTSON, DEARDORFF, WILLIAMS & OITO By-1)<- ~9 ~ D-<- {l~ Daniel K, Deardorff, Esquire I.D, No, 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERI FICA TION Michael J. Hikes, who is the Risk Manager for Transportation Claims, Inc, which is the self. insured agent for Shaffer Trucking, Inc" acknowledges that he has the authority to execute this Verification in behalf of Shaffer Trucking, Inc. certifies that the foregoing Complaint is based upon infonnation which has been gathered by my counsel in the preparation oflhe lawsuit. The language of this Complaint is that of counsel and not my own, I have read the document and to the extent that the Complaint is based upon infonnation which I have given to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification, This statement and Verification are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false avennents, I may be subject to criminal penalties, SHAFFER TRUCKING, INC. BY ~~~ / Michael J, Hikes, sk Manager, Transportation Claims, Inc. j FI\FII.F.s\OATAPII.r.\TRAN8J){}C\t1l.I'llA,1 e,..II'd: O:llONUII 04:UUKI rM flevl-l: O:llOMNl oUo:~o PM , , . . " ( - SHAFFER TRUCKING, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, '.( I SWAIN & SONS TRANSPORT, INC, CIVIL ACTION. LAW NO. 98.05 CIVIL TERM and '~ EDWARD THOMAS STRICKLAND, Defendants PRAECIPE t TO THE PROTHONOTARY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON, DEARDORFF, WILLIAMS & OTTO I , I By Daniel K. Deardorff, Esquire I.D, No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 j Attorneys for Plaintiff Date: March 6, 1998 , I ~ , , '{I ,\ CERTIFICATE OF SERVICE Ranger Insurance I P.O. Box. 2807 Houston, Tex.as 77252-2807 (Representative of Defendants Swain & Sons Transport, Inc. and Edward Thomas Strickland) ~. : I I l', I~ ~ I, Jacqueline A, Decker, an authorized agent of Martson, Deardorff, Williams & OUo, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: MARTSON, DEARDORFF, WILLIAMS & OTIO Byc.'~tl,~ Jltlq ne A. Decker Ten East High Street Carlisle, PA 17013 (717) 243-3341 I , I Attorneys for Plaintiff Ij I , i I I t' Dated: March 6, 1998 , i I l ~