The URL can be used to link to this page

Home My WebLink About10-2739FILED- '1t-;E IN THE COURT OF COMMON PLEAS OF ? T` f'T?`y CUMBERLAND COUNTY, PENNSYLVANI A20{0 APR 23 Pi 2: 16 TOTAL TRANSPORTATION OF, ?,; ??jy MISSISSIPPI, LLC Plaintiff V. NO. 10 - 01139 ivi l (e M SWIFT LEASING CO., INC. and CIVIL ACTION - LAW SWIFT TRANSPORTATION, INC., : Defendant 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 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 CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 O 442.oo Pa MIN Ce 9805' e# aq 1 oco? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOTAL TRANSPORTATION OF, MISSISSIPPI, LLC Plaintiff V. NO. SWIFT LEASING CO., INC. and CIVIL ACTION - LAW SWIFT TRANSPORTATION, INC., : Defendant NOTICIA Le han 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 o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOTAL TRANSPORTATION OF, MISSISSIPPI, LLC Plaintiff V. SWIFT LEASING CO., INC. and . SWIFT TRANSPORTATION, INC., : Defendant NO. CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff by its attorneys, Goldberg Katzman, P.C., who states: 1. Plaintiff Total Transportation of Mississippi, LLC, is a business entity operating trucks throughout the country with an address of 125 Riverview Drive, Richmond, Mississippi. 2. Defendant Swift Leasing Co., Inc., is the owner of the vehicle that was involved in the accident: and has an address of 2200 South 75th Avenue, Phoenix, Arizona 85043. 3. Defendant Swift Transportation, Inc. is an owner of the truck involved in the accident, with an address of 638 North 5th Avenue, Phoenix, Arizona 85003. 4. This matter involves an accident that occurred on December 10, 2008, at the Pilot's Truck Stop at 1165 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 5. At the time and place of aforesaid, Defendants Swift were the owners of the vehicle operated by their agent or employee, Joshua Leonard, who was operating a tractor trailer in the parking lot at the Pilot Truck Stop at 1165 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 6. Plaintiff Total Transport Inc. was the owner of a 2005 Freightliner Tractor Trailer which was also located in the parking lot of the Pilot Truck Stop at the aforesaid address. 7. The vehicle owned by Defendants was stopped in the parking lot of the Pilot Truck Plaza. 8. As the vehicle owned by the Plaintiff passed the Defendant's stopped vehicle on the right side, the Defendant's operator suddenly began to move forward and turned the Swift -vehicle to the right, striking the left side of the Total Transportation truck resulting in property damage thereto. 9. This accident resulted solely from the negligence of the vehicle owned and operated by an agent: or employee of the Defendants in that he: (a) Moved the vehicle without viewing the position of other vehicles; (b) Allowed his vehicle to strike the vehicle owned by Plaintiff resulting in property damage thereto; and (c) Began to turn the Swift vehicle without using a turn signal to alert others of his actions. 2 10. Solely as a result of the negligence of the Swift agent or employee, the Total Transportation vehicle was damaged necessitating repairs in the amount of $20,139.01. 11. In addition, during the period of repair, downtime loss was accrued in the amount of $8,250.00. WHEREFORE, Plaintiff, Total Transportation, Inc., demands judgment against Defendants Swift Leasing, Inc., and Swift Transportation, Inc., jointly and severally, in the amount of $28,389.01 together with interest and costs of suit. This amount requires submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. GOLDBERG KATZMAN Date: 01 ' _ By: Casm? . Brenner, Esquire Attorney ID #32085 320 East Market Street PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff 189143.1 3 VERIFICATION I, Cyfp?l P , an authorized representative of Total Transportation of Mississippi, LLC, hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ) 6 i+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOTAL TRANSPORTATION OF, . MISSISSIPPI, LLC Plaintiff V. ' SWIFT LEASING CO., INC. and . SWIFT TRANSPORTATION, INC., . Defendant . NO. 10-2739 CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled and discontinued. GOLDBERG KATZMAN Date: 7 ~ !~ n C u .-ri _ ~==~ :„ ~ ~, _ ~ ; ~:-: ~~- ~ _~~ ;: _., - ;~ .. . ;~~ -- u c~. - By: Tho s E. Brenner, Esquire Attorney ID #32085 320 East Market Street PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE hereby certify that on this 9th day of July, 2010, I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: Swift Leasing Co., Inc. 2200 South 75th Avenue Phoenix, AZ 85043 Swift Transportation, Inc. 638 North 5th Avenue Phoenix, AZ 85003 GO G KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID No. 32085 P.Q. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 193244.1