HomeMy WebLinkAbout01-1700 FX
KIMBERLY J. BOOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
2001- 1700 d~t-~l
SMITH TRANSPORT,
Defendant
CIVIL ACTION - LAW
NOTICE TO 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 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 BELOW
TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
HarriSburg, PA 17101
(717) 232-7536
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar
en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
;i
~[
j~
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. Front Street
HarriSburg, PA 17101
(717) 232-7536
':~
~. '-~~-
--,,,-~;,~ ,"_,V:",>_,' "'_~- - ,'c_ - ~~"'-_ . ,",,_ - '1--. ,0"'1 _~_,___"." - - "-~-_"_, r--,- ">--
,-- ",',-
.. c._.
, '''(''o'.''
,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO . 2 001 _ 11 tJO c...;.;;i -r-LeA-
KIMBERLY J. BOOKS,
Plaintiff
SMITH TRANSPORT,
Defendant
CIVIL ACTION - LAW
COMPLAINT
1. The Plaintiff is an adult individual residing at 1177
Easy Road, carlisle, Pennsylvania 17013-8911.
2. Defendant smith Transport is a corporation having its
principal place of business located at 331 East Closson Road,
Roaring Springs, Pennsylvania 16673
3 . The facts and occurrences, hereinafter related, took
place on or about March 13, 2000 on Interstate 81 near Exit 14W.
4. At the time and place aforesaid, Plaintiff was the owner
of a 1994 Pontiac Grand Am which was then and there being operated
by Daniel Curlen.
5. At the time and place aforesaid, Defendant was the owner
of a tractor trailer which was then and there being operated on
Interstate 81 by its employee, Shane W. Lux.
6. At the time and place aforesaid, the drive shaft of
Defendant's vehicle fell off of the vehicle, resulting in the
damages hereinafter set forth to Plaintiff's vehicle.
7. The aforesaid accident and damages resulting therefrom
were caused by the negligence of Defendant in that he:
'":-~~,
'__7',,6"., " -_'~'_'_7_,__r_~ ">" .'0 "~-'"'_'"_ ,_"(1" _'__' ,. _ = _.'i", '
0_1.' _
"",
"-~-
"
'0'.'--
^, -.---.'''"'.-.,,-'
,
a) failed to properly inspect its vehicle;
b) failed to properly maintain its vehicle;
c) operated a vehicle which it knew, or should have known,
was in danger of having equipment drop off of the
vehicle; and
d) was otherwise negligent in the maintenance of its
vehicle.
8. Solely as the result of the drive shaft coming off of the
Defendant's vehicle and striking Plaintiff's vehicle, Plaintiff's
vehicle sustained damages in the amount of TWO THOUSAND SIX HUNDRED
AND TWENTY-FIVE 62/100 (2,625.62) DOLLARS.
WHEREFORE, Plaintiff demands judgment against the Defendant in
an amount not in excess of arbitration limits and therefore
requests that an arbitration panel be appointed and judgment be
awarded to the Plaintiff.
Respectfully submitted,
WIX, WENGER & WEIDNER
By~i(.~ J,t W..-x
Richard H. wix, I.D. No. 07274
Dated: 3/ai 101
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
'ry,.,.",
-.^,.,-,,-l,K"".'_i'__._ ,. .-'-''""'i'-- - " r" ~~~'I_"_,_,,_,,,,"',,^_I'?_',Y,~'~' ,,,-""
1'-'--
~,' ' ~.'- "~' - -
- ~-,- ~~, -:"-,",,1' -, ',. .., "
VERIFICATION
I, Kimberly J. Books, have read the foregoing Complaint which
has been drafted by my counsel.
The factual statements and/or
denials contained therein are true and correct to the best of my
knowledge, information and belief. I am authorized to make this
verification.
This verification is made only as to the factual averments
contained therein and not to legal conclusions and averments
authorized by counsel in his capacity as attorney for the party or
parties hereto.
This verification is made subject to the penalties of 18 PA.
c.s. section 4904, relating to unsworn falsification to authorities
which provides that, if I knowingly made false averments, I may be
subject to criminal penalties.
Date: 3\lZ-\O\
~r~
Kimberly . Books
'C ~,"""'"
. -'<'I, -,"''''~,' - :'~,~-'
'" "-"<:'1',-"-- ,<, -~~"I'{"' \'"-,,-,,, p" ,-,--,' .
., --~ , '-, -."",,,, - '" "-,,' "
-.-,-.,.
,__;_""=_w,.,,_~",,,'
.,,1 . "
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-01700 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOOKS KIMBERLY J
VS
SMITH TRANSPORT
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:
SMITH TRANSPORT
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of BLAIR
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
16th , 2001 , this office was in receipt of the
attached return from BLAIR
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. BLAIR CO
18.00
9.00
10.00
26.00
.00
63.00
04/16/2001
WIX, WENGER
~~~~
R. Thomas Kline
Sheriff of Cumberland County
& WEIDNER
Sworn and subscribed to before me
w
this PI '/~ day of ~
..lln>/ A.D.
(}'r~ apr~:~~~a~
-~T~r
,-,- 1-
~" I " .,..,.,.. 1
"
" {n The Court of Common Pleas of Cumberland County, Pennsylvania
Kimberly J. Books
.. VS.
Smith Transport
No. 01-1700 Civil
Now,
3/26/01
, 200 (J , I, SHERIFF OF CUMBERLAND COUNTY, PA, db
hereby deputize the Sheriff of Blair
County to execute this Writ,this
deputation being made at the request and lisk of the Plaintiff.
. . ~~~~~!
Sheriff ofCurnberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
copy of the ori ginal
a
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
. ")0
,--
COSTS
SERVICE
:MILEAGE
A..FFIDA VIT
$
$
-"-~-'1W"~1'm,",,_~_~ . ~ "
I' - r" I
,.'~ ,
k
V/ 'i~!\ lA S /1 N 3d
llr'i"'''\-H"
'j ~"- -' \ {, ,: " ~.i
WI IiV 2'5 or ZIIlGtV
UIiOt:!: '1,""3s,\na
""llIlllS 3111 jQ 3:}!..WI
~
,
,1W'LMlMlIllllf8_"_ ~ ?,r~_."~ ~,"""
, "'.
~ "~~".-""W .~
. ~"'.'~C~_ ,'" _, ","",,,,<-',,","'t,"'""'''''''-''' ~'M ~.-~~,~
1lur [I
i/- ."
,
",~ '''C~'~'' "12!i~~~Jj{WJi;\Wl.ifJm'm~nj<'):~t;Jj:+:i)'PO'f:;'W;;.:(1!i:'r~R!1I~l!"!lIIg\{"",,ftI;1i~~'Hiil4'1l~,,~~~
", <y
DATE RECEIVED
DATE PROCESSED
'" L\'\
y~/
\,.'
SHER'IIFF'S DEPARTMENT
BLAIR COUNTY, PENNSYLVANIA
COURTHOUSE, HOLLlDAYSBURG, PA. 16648
\
\
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS:
Print legibly, insuring readability of all copies.
Do not detach any copies. BCSD ENV. #
2. COURT NUMBER
3. DEfENDANT I S I
:J-
1. PLAINTIFF { S f
SERVE {
.'
AT
5. NAME
6.
/(,~73
DCERT. MAIL OPOSTED o OTHER
BLAIR ,COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
NOW,
SHERIFF OF BLAIR COuNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSI,ST IN EXPEDITING SERVICE;
NOTE ONLY APPLICABLE, ON WAIT QF EXECUTION; N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or allaching any property under within writ
may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of
suCh deputy or the sheriff to any plaintitt herein for any loss, destruction or removal of any such property before sheriffs' sale ereof.
9 SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on' behalf of:
~AfNTIFF
ItJ DEFENDANT
10. TELEPHONE NUMBEA
11. DATE
-----------_.--~-~
--
USE 01" SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt 01 ths writ
12. or complaint as indicated above.
15 I nereby CERTIFY and RETURN that I o have personally serv d, ~have served person in charge, 0 have legal evidence of service as'shown in "Remarks" (on reverse)
o nave posted the above descnbed property with the writ or complaint descnbed on the individual, company. corporation, etc.. at the address shown ebove or on the individual,
corf'.pany, corporation, etc.. at the address inserted below by hand lng/or Posting a TRUE and ATTESTED COPY thereof.
16 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation. etc., named ebove. (See remarks below)
17 N.1r(1e and !'ille ot indiVidual served C\'f' en <' I' -{'fo D,~- ,~~ ,. 11.F(2;~ 1B. A persono/suitable age and discretion
~ ~n Tf-v-, "',..- then residing In the defendant's usualplaca
of abode. 0
Read Order
o
19 Address of where served (complete only i(diflerent than shown above) (Street or AFO, Apartment No., City. Boro, Twp.,
State and liP Code)
~,
20. Dale of Service 21. Time
'1--;]-d I J~
22_ ATTEMPTS
Date
MII.s
Oep.lnt,
23. Ad':~nce Costs
IOO.dO
30. REMARKS
27. Tot,1 Costs c9& .00
_~I,..R REFUND
7'i()O
SO ANSWER.
AFFIRMED and subscribed to belore me this
By (SherlfflDep.
Sherifl) (Please Print ;v"Yfi;:J
t
Dale
I
MY COMMISSiON EXPIRES
NOTARY PUBUC Notarial Seal
Carol Grieco, Notary Public
Freed .
Date
1 ACKNOWLEDGE RECE ~Xl\l!'DAiI>il>
o~ AUTHORIZED ISSU1NGM&m~Jl@h~ar~T~~ssoCjation of Notaries
39. Date Received
::t2~'~'l'll'\1"~~Jlf: ..~'I""'1~lj!>.~1~~
g.~
"'r'
1-
"'~
T'-
,~
,~~
, .
,
__~"' ~.. , ~~~ o. _.,."....."'......"".~^'_'~i 1 ""-, r~_...'~''''''.~ - ''''.~b~ ,,' ".
~ \~
SH~IFF.S RETURN OF SERVICE t
() (1) The within
upon
defendant by mailing to
by
prepaid
a true and attested copy thereof at
. the within named
mail, return receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached and
made part of this return.
() (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (e) (1) (2). by mailing a true and
attested copy th,ereof at
in the following manner.
( ) (a) To the defendant by ( ) registered ( ) certified mail. return receipt requested,
postage prepaid, addressee only on the ,
said receipt being returned NOT signed by defendant. but with a notation by the Postal
Authorities that defendant refused to accept the same. The returned receipt and envelope
is attached hereto and made part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address. with the
return address of the Sheriff appearing thereon, on the
I further certify ttiat after fifteen (15 ) days from the mailing date, I have not received said
envelope back frdmthe Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
() (3) By publication in a daily publication of general circulation in the County of Blair
Commonwealth of Pennsylvania. lime (s) with publication appearing
The affidavit from said publication is hereto attached.
() (4) By mailing to
by
-.
mail. return receipt requested, postage prepaid.
on the
a true and attested copy thereof at
The . returned by the Postal
Authorities marked
.... is hereto attached.
(5) Other
( )
-
r ~." ;)ITT:ri!IjI!m'n!il\!'il'''-~~-'''''''''''=,fj\'.~=~'~~, :!.I,!II'f." 11/!l.~)i!lii'!,~I''''''''''F'''-!'-'-'' < 'i'!i'.'"
. .,
~~
..'~. .-.
~_~'__~r-_; . ~",,' .'''';-'' ;.'-;:;-"::'-=--.::::.'
,
..,.;;;-~'.:-
,.~.". '.-4-
:->~t\\ " 'i'?:;'.
.
'-frl ~
~:rf..1'lEtE\VED
,
k~'
V 1/
\....
..
,
DATE: PROCESSED
'.
.~
SHE"RIFF'5D-EPARTMENT
BLAIR 'COUNTY, PENNSYLVANIA
COURTHOUSE, HOLLlbAYSBURG, PA. 16648
,,'
~.
SHEIlIFF SERVICE
PROCl;:SS RECEIPT, and AFFIDAVIT.OF RETURN
INSTRUCTIONS:
Print legibly, insuring readabllUy of all copies.
Do not detach any copies.. Bcse ENV, 1/
6 . State and ZIP C1Cle1
f JA IGC/73 .
7, _DDEPUT_IZE DeEAT,MAIL AE.pr TEREDMAIL_. DpOSTEO -DoTHER
NOW, RIFF OF BLAIR ,COUNIY, PA., do hereby d'eputLtefhe Sheriffof
; .. j County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff. . -
SHERIFF OF BLAIR COUNTY
3, DEFENDANT I S I
,. PLAINTIFF l S I
2. COURT NUMBER
00/ - nOD
4. riPE o~ COMPLAI!lT
ATION, ETC.. To-.sE~VICE OR DESCRIPTION OF PROPERTY TO BE LEVll~D. TTACHED OR SOLO.
B. SPE:'CIAL lNSlB_UC:T10NSPR~OTHE.RJNF_D.BMAIION/HAT WILL ASSlsT.IN EXPEDITIN~ SEBVICE:
~ r
-'
..... j.r; .,.,,'
h _,"
NOTE ONLY APPUCABLE,ON WAIT OF EXECUTION: N.S, WAIVE_R_OF WATC_HMAN ~ A.ny deputy ~heriff levying up01"l Of allachil19 al1Yproperly underwilhin writ
~h may leave same Without a watchman, in custody of WhomeV~~~l!,l)d i!1, PVS~t?s,qiOon.._aft.er not!f~~ng person of levy or attachment, without liability on the part of
such deputy or Ihe sherllf 10 any plaintiff herein for any loss, as ruction or remoYaf 0.1 any sucn property belore sheriffs' $.ale U",ereof.
~ '
9 SIGNATURFof ATTORNEY o'r-other ORIGINATOR reQIJ8slil19 service on Qehalf.ot: 10. TELEPHONE NUMBE8 ___~ r-1""D~Tt
1l~. ~~I~~~~~~jTHIS LINE
15 I nerQby CERTIFY and RETURN 1hat I Dhav~ personally ser d, Klhave serve_d person 10 charge, 0 have legal evjden_~ of servic~ <!.s_.shown in "Rem",rks" (on reverse)
-J;L"Iave ro:sted the abo_ve deSCribed property With Ihe writ or complain1 described on Ihe indi~idual,. company, corporation, ate.. al lhe address shown above _or on lhe individual,
eor;-ijt:rny, curoorat~OI1. etc" al lhe address Inserted befow by hand inglor Posling _a TRUE' IInd -ATTESTED COPY thereof, ~
I acknowledg~ueceipt of the writ
12. or complaint as. indicated above,
15 01 hereby,s:-erltfy and relurn a NOT FOUND because I am !,mable_to locale the Ind;vid;~J,' co-mp~;;y, corporallon. etc" named above, (See rei!larks below)
17. Name and (We of indlvldl.(al served C \ C I D f r 18. A person o-f suitable age and discretion
. _ "'-..\.f'_ '- qs. f_~ do _ _ /rr (_fT)r () 5--:..;;j:.. ~e~b~~~~nglnoede!endant'sus'!al_P!aCe
19, Address of ~!lere se;~e:dlCQni'pletEI tinly.l dif1erent lhan-~liown abQYaL(St~J 6r RFIT. Aptrrrtleht No" elly'- BPro, iwp,. """ ~ :Rl)-Date~ Servlcei 2.'. Time
Slate and ZIP Code! --
Read Order
o
~,,"-L
'-i )-d
) .J,kf
~
22 A TTEMPT$
Date
Miles
Dep. Int.
"
30. REMARKS
.
SO ANSWE'F{.
..
AFFIRMEd and subscribed_to before me this
-~....~".
By ($her:fflDep, Sh~;lf) (Please Print or T:pe) ~
fY.ll~lW,)
\ Signalur.::.?f n f
'-.._~
Date
Lit,
"
MY COMM1SSION EXPIRES
I ACKNOWLEDGE RECEIPT OF TRE SHERIfF'S RETUR.N SIG.NAT
OF AUTHORIZED 1SSUlNG AUTHORITY ANO TITLE.
/
Dale
39. Date Received
;;,- ''''"
SHERIFF'S RETURN QFSERVICE
() (1) The within
upon
defendant by mailing to
by
prepaid
a true and attested copy thereof at
, the within named
mail, retum receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached arid
made part of this retum.
() (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (e) (1) (2), by mailing a true and
'attested copy thereof at
~
in the following manner.
( ) (a) To the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the ,
said receipt being returned NOT signed by defendant, but with a notation by the Postal
Authorities that defendant refused to accept the same. The returned receipt and envelope
is attached hereto and made part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the
return address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15 ) days from the mailing date, I have not received said
envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
() (3) By publication in a daily publication of general circulation in the County of Blair
Commonwealth of Pennsylvania. time (s) with publication appearing
The affidavit from said publication is hereto attached.
() (4) By mailing to
by
mail. return receipt requested, postage prepaid.
on the
a true and attested copy thereof at
. returned by the Postal
. ':"'"
The
Authorities marked
is hereto attached.
Other
() (5)
~J
_~BJltl@]l~I~~~_'t!w,.~!'W~f-''''~;;'''H'''''''~~''''-Vk,~,jIiIj'~!!ffllfgijj~~j'",,'i,y,,;'ili"~,ilf"'~'-":"'-'''-'~-'
""-"';"'-~"G',"'-' ,-
KIMBERLY J. BOOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-1700 civil Term
SMITH TRANSPORT,
Defendant
CIVIL ACTION - LAW
PRAECIPE
To: Prothonotary
Please mark the above-referenced action as discontinued
and settled.
~ ~f{ JJ
Richard H. Wix, Esquire
/
,
Dated: May 29, 2001
,-, "-
-.-,-"-,,. ''f-'':i~;T,,,:~,,,,,;'' ~,-, ." '.' '>:'""""',"'-,-.'i-.', -I"~_""_'_- " Y"'I.""_'" _, _ -_'__'~"'_- . _.,< ,~,
~v
.'d
"-s ~
~~__v_. _<
= "0' __, ~,~_~ ~,~~ ___~_ ~~. ~,_, ",.,.,.< __,_ ,~,__","' ,_,",.~__,__,,,.-~~__,__ _,.,_
(:-)
c::
ti('"
n-;i'-
7.7"-
:O;/-;
(J'-
e;!:
~~
~;~,>
t.::j
W"~."'r
~",....
;..1.>
j'-.)
,-,-
"""_,"_ _ ~_"~~,~~~_ '~l~' }"'~~1't1!"W\~iI.l~~1!6~m.~~~J!lllffll,IL~I,o,:~.,_c"""""' _~H~!