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Home My WebLink About00-08429 I ,,_~ , . . '",'.. ~-"'<!1jj~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. BROWN, Plaintiff CIVIL ACTION - LAW vs. NO. 00- of..!;).9 C iv11 HAYES EXPRESS, INC. and BILLY RAY CULLUM Defendants JURY TRIAL DEMANDED 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 of 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. _I _ i , "~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 LAW OFFICE OF ROBERT P. REED BY: ;/~Y!~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's LD. No. 15624 Dated: ;;:.- c; ~ ({) 0 I .~', ,_, ,": _ " ~ w' , ~-rl ~..- ~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL R. BROWN, Plaintiff CIVIL ACTION - LAW vs. NO. tHJ- f'l:L9&xi/~ HAYES EXPRESS, INC. and BILL Y RAY CULLUM Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff by his Attorney, Robert P. Reed, Esquire, and represents the following: I. The Plaintiff, Michael R. Brown, is an adult individual residing at 54 Walker Place, Elgin, Illinois 60120. 2. Defendant, Hayes Express, Inc., is a corporation authorized to do business in the Commonwealth of Pennsylvania and has a principal address of3204 Overland Drive, Oklahoma City, Oklahoma 73115. 3. The Defendant Billy Ray Cullum, is an adult individual residing at 903 Rachel Avenue, Bentonville, Arkansas 72712. ,~-~ - 1 I'; 4. The events and occurrences hereinafter related took place on or about 6: 15 p.m. on Tuesday, May 23,2000, in the parking lot of the Pilot Truck Stop in Middlesex Township, Cumberland County, Peunsylvania. 5. At the time and place aforesaid, the Plaintiff was the owner of a 1991 Peterbilt tractor which was legally parked in the aforesaid parking lot of Pilot Truck Stop. 6. At the time and place aforesaid, Defendant Hayes Express, Inc. was the owner of a 1999 Freightliner tractor which was being operated by the Defendant, Billy Ray Cullum. 7. At the time and place aforesaid, Defendant Billy Ray Cullum operated the tractor of the Defendant, Hayes Express, Inc., in such a fashion as to cause it to impact and damage the tractor of the Plaintiff necessitating its repair and its removal from service from May 23 through August 3, 2000, a period of2.4 months. 8. As a result of the damage to the Plaintiffs tractor, Plaintiff sustained loss of income of $8,336.56 per month. When reduced by the costs of operation attributable to said tractor, Plaintiffs loss of profit was $4,069;62 per month or $10,240.66 for the total 2.4 months said tractor was out of service. COUNT I MICHAEL R. BROWN V. BILLY RAY CULLUM 9. The averments contained in paragraphs one through eight above are incorporated herein by reference as though set forth at length. ",,-, )~~, ""w..~ . I " ~ .r I' " ""'-" 1 O. The motor vehicle impact and resultant damages related above were caused solely by the negligence, carelessness and recklessness of the Defendant, Billy Ray Cullum, in that he: a. Backed his vehicle when said maneuver could not be performed in safety; b. Operated his vehicle without keeping a careful and prudent lookout for the property of others; c. Set his vehicle in motion before making certain that the movement of said vehicle could be made without risk or damage to the property of others; d. Failed to keep his vehicle under control; e. Failed to observe the assured clear distance rule; and f. Failed to brake his vehicle in sufficient time to avoid impacting the vehicle of the Plaintiff. II. Demand has been made of the Defendants for payment of the Plaintiff s damages but to date said payment has been refused. WHEREFORE, Plaintiff demands judgment against the Defendant, Billy Ray Cullum, in the sum of$10,240.66 together with interest from May 23,2000, and the costs of this action, which sums are within the jurisdictional limits for arbitration in Cumberland County. ,~~ _UI<i!Wo>" COUNT II MICHAEL R. BROWN V. HAYES EXPRESS. INC. 12. The averments contained in paragraphs one through eleven above are incorporated herein by reference as though set forth at length. 13. At all times material to the Plaintiffs cause of action the Defendant, Billy Ray Cullum, was the agent, servant, or employee of Defendant, Hayes Express, Inc., and was operating its vehicle with its permission and within the course and scope of his employment. Defendant Hayes Express, Inc. is therefore vicariously liable for the negligence, carelessness and recklessness of Defendant Billy Ray Cullum as aforesaid. 14. Alternatively, Defendant Hayes Express, Inc. was negligent, careless and reckless in that it: a. Selected Defendant Billy Ray Cullum to be an operator when it knew, or in the exercise of reasonable care would have known that said Defendant was an unsafe driver and should not have been entrusted with their vehicle; b. Failed to properly train and supervise Defendant Billy Ray Cullum to assure that he could operate their vehicle without the risk of harm to the persons or property of others; and " ~ ~ ~ , '-.,: c. Entrusted the operation oftheir vehicle to Defendant Billy Ray Cullum when said driver could not be depended upon to operate their vehicle in safety and without risk of harm to the property of others. WHEREFORE, Plaintiff demands judgment against the Defendant Hayes Express, Inc., for the sum of $10,240.66 together with interest from May 23, 2000, and the costs ofthis suit which sums are within the jurisdictional limits for arbitration in Cumberland County. LAW OFFICE OF ROBERT P. REED ~;/~ BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717 909-6637 Attorney's LD. No. 15624 Dated: /;< - Lj-t!?O ,'il , , ,'-'" - ~ ~ -'.,'j" ,,~ FROM FAX NO. : - ,. I........... Dec. 01 2000 03:22PM PI l~l~)~09-SS3B p.D VERIFICATION I. Mic.hael R. Brown hereby swea.. or allinn that ti,e {acts set forth in the foregoing Complainl are tme and corr;:Cf 10 (he besl of my information. l(!lOWledgc and belief, and fhat false Slatoments herein are made sUbJect to tile penahies of 18 Pa. C.S.A Section 49041'eJating to Wlswom falsification 10 authorities. Dated: J J JI J(j) '~h~~ Micha.llt Brow:'l !@j~lilli,'(ilWji~L'&0~h1' !"",",,I\'f"':H,";"");~;"-;'''''''''' i,~~.-<'t'S1:":;""-,,,,,,,,,,,,,iJ;<,;i)f;f_,",,,,,,.i ~"r/'&',i'_'"k.~,'Ja~"t!"el:lill.;!;;ui;."""l&llr>ilniliill~~1l!iiI':;!fL.,~_"illr~l'il"",l\IUw,jjj,Wllie~Q~_ ..... .~ .1.",,,,,,,, t'! :t> () C> 0 f;: 0 -n ~ -~ $: 0 ~ rRFfi rYl :::l i'"I:- -C" _.... .l n i~l.:n ~ ....-:I;:l . ~ 0 Le- I "-i.:IEJ d (/)4: ,.11 ~.D -~ B <Ii ~:~i o(~ - :;s:- '".~ ",. :--;:;!'--r, ~ ~ 0 """'c'" ::ir ()31 z(< -.c:: -!;) VI );: -#0 N ~ ~ C Or-n ('" Z -I ~ :;;! '-fl ~ -..0 c..,) - r ,""~ . ~ -." ,~~-,-,... ,- '- ~,"~""__._",,I _ ."t_ _~ -",.,,~L~, ~ ~?_ . .', .~, -",; , ~," _~ ^',,, ".., > > _,e ,,~ ". ~^ ,,~ ~: ------- ~ -, - . Complete item 4ifR . PrilJ~ your, so that WE . Attach thh or on the j . ...- - ~._--- HAn~P4 731:1.52005 lBOO 11 12/1"/00~. Date 01 Delivery ~nil :=::, O~N~W ADD1lIlSS Y~'-/ff -Od 802WMAXNS.T ADAO~ 74820.5f16 ~tr5 o Agent o Addressee Dyes DNo 'dress diffe om item 1? 1. Arti~_ Add, 11","I..II"lfltllllllllllll"II"IIIIJIII..III1I1II,l1lf~elivery address below: . lJ,\e~ 12,1""", ""',e. I iZOf ~e.",,~(v'('&W\lie.- .lk\o..\t.oWl.Q Q...-I:L( I . Gkl~~w.-CL 73/1S 3. Service Type ~Certified Mail 0 Express Mail o Registered 0 Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) DYes ., "-- 2 Article Number (Copy frOlTJ sfVViqe la~1). , _. . ~"'" . - f - . J , '- 7t>jfl fJ 1122;0 dO" .41 PS If~~ 81 ~ i J~iVh~.. . I . Do}nestlc Return Receipt 102595.99.M-1789 .......- l~""""~ . ~~ _~~ h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. BROWN, Plaintiff CIVIL ACTION - LAW n c: 2J~ ;z:."- (J) ,> -<:,: ke' >r~, :z: '- ,.' ,,;:;0 ~c ~ :::';' '. vs. NO. 00-8429 Civil HAYES EXPRESS, INC. and BILLY RAY CULLUM Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Robert P. Reed, Esquire, hereby certifY that service was made of the Complaint against Defendant, Hayes Express, Inc. on December 18, 2000, by certified mail, as evidenced by the attached return receipt executed by the Defendant's agent. Said service complied with Pa. R.C.P. 404. LAW OFFICE OF ROBERT P. REED 7~~ BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's J.D. No. 15624 Dated: /;<- c1C:> - 00 . ~-,- ..-; (~ 0::::; c::> 1 "1 -:--, r"-.., --1 (;:~ :i.-TJ -tJ ;'";7 .:::> to ~:;;l j-J -< ill!~~Jii!l1~ij',<'lf;,b;.J~;fu1!>fl'c'd!d~C"il;?.lk'!hHM,:?~''-"'it!!:;'''I:i;''';> '~;;.'i,-l! ,;,_","_cj\\._ <,,~'<a~~_~!ltilt[~lliil_1il1r~- ,.~ '\~ ~ .'."""':1.... - ---~ ":!IiI..--j", " .=', o C 2'"' -0\'13 nlr~' Z::C ~~~: ~C-~ -'.> ...---, ~"--,' 5~~ ~~ =2 C1 o o p"\ n r""" _1 "-, ':i I i I' I; I:! Ii 'i! .<1 I, :1 1,1 'II :1 Ji , Ii Ii !i II II ~~ -c' :::10: ':';'1 .::;> u;:; , _~"ll -- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. BROWN, Plaintiff CIVIL ACTION - LAW vs. NO. 00-8429 Civil HAYES EXPRESS, INC. and BILLY RAY CULLUM Defendants JURY TRIAL DEMANDED To: Hayes Express, Inc. 802 East Main Street Ada, Oklahoma 74820-5616 Date of Notice: January 10,2001 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. " CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 170 13 (717) 249-3166 LAW OFFICE OF ROBERT P. REED BY: c/~~~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717 909-6637 Attorney's I.D. No. 15624 Dated: rt"- I 01 ~ ( , CERTIFICATE OF SERVICE AND NOW. on this Iday of January, 2001 I Robert P. Reed, Esquire, hereby certify that I served the within Ten-Day Notice this day by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania, addressed to: Hayes Express, Inc. 802 East Mail Street Ada, Oklahoma 74820-5616 Mr. Billy Ray Cullum 903 Rachel Avenue Bentonville, Arkansas 72712 LAW OFFICE OF ROBERT P. REED #d. ~// // BY: 7'l:tfl-Ca~~ ~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's J.D. No. 15624 ifi~~;t,"oiki;j;iirlcJJilt",!\\'1f;tlli~~&ffl!<lb!1.;;!:~~~"~iL'%!,tli';"':"'~".ii" - ~"_,.",,,,,,-,,-q~ffi!iBi~i~"'"""""""""I~ I>... .J~_, . -~ ,I. ~_~, "'i~,~~~_Ia;jLilliO (Ul(]j. , ~~ < ~--"- 0 0 C~: c: , 5 c_ -0 !:;' );:... m ~ L- ;1 N :~; )'-;r-. C" ~~ C.'; :L:.. ~~:.: I,.D ..-:... ~'......) :1>' __1 :q -- Lv -, ~ ,~ _0_ -1:1 l' I' .~ I: i'l 1:1 !,I :1 :1 i! II il I il i! ii I' I' ,I I! :1 II 'I II II I II ,.. ~,_,_^,~,~C --"""~" , ~ i - ~ I -< ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. BROWN, Plaintiff CIVIL ACTION - LAW vs. NO. 00-8429 Civil HAYES EXPRESS, INC. and BILL Y RAY CULLUM Defendants JURY TRlAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO: Curt Long, Prothonotary Discontinue the above Action and mark the Docket accordingly. LAW OFFICE OF ROBERT P. REED BY: v/~!~ Robert P. Reed, Esquire 3461 Market Street Camp Hill, P A 17011 717 909-6637 Attorney's LD. No. 15624 Attorney for Plaintiff Dated: J - cl-? - <0 ( iIIM*~~~;'i"",iJJ,:!iiigJI,-~@fr",~.k'~I~!\[;",j;j',kj<"""'L-<"H,--''i",,-!i-li'ia,,\-~I~,~flliI. > Uif'ill ;/M. ~ ~.,~ "~ =""' ",,' o c: s.: "tJC:.' ~~=i~: ~!~: ~C )>i~- :::; ~?-":1 >~ -1 -< <:::> ." ~-~, j;j ;;,-~) -, ~ =~ ::t:! ::.,,) ,-' -' '" or :::> C::> :;:;; :::;:] -<