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DAILY EXPRESS, INC.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. (d -30of civil
MAVERICK TRANSPORTATION, LLC
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 import to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
-*49..co PCs ATT`/
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DAILY EXPRESS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
V. NO.
MAVERICK TRANSPORTATION, LLC
Defendant
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la
fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona
o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las
demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede
perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
DAILY EXPRESS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PA
V. NO.
MAVERICK TRANPORTATION,
LLC
Defendant
COMPLAINT
1. Daily Express, Inc. ("Daily") is a corporation with its principal place of business in
Carlisle, Cumberland County, Pennsylvania.
2. Maverick Transportation, LLC ("Maverick") is a corporation with its principal place
of business in Little Rock, Arkansas.
3. On or about May 7, 2009, Defendant Marverick, by its agents and/or employees,
loaded glass at the PPG Plant in Cumberland County, Pennsylvania onto a truck owned
and operated by Daily for transportation and delivery by Daily.
4. The loading, strapping, securement, and tarping of said load of glass was performed
by Defendant Marverick, by its agents and/or employees.
5. Daily, by its agent and employees, proceeded to transport the glass loaded onto its
truck by Maverick for delivery to Massachusetts.
6. In the course of its transportation, the glass became unsecured, fell, and broke.
7. The falling and breaking of the glass was due to the negligence and carelessness of
Defendant Maverick and its employees and/or agents, including but not limited to the
following:
a. Failing to properly secure the glass;
b. Failing to load the glass in a manner in which the strapping holding the glass
would not tear or fail;
c. Failing to exercise due care to the degree standard in the industry in the
loading and securement of the glass;
d. Failing to comply with state and federal laws and/or regulations in the loading
and securement of the glass;
e. Being otherwise negligent under the circumstances.
8. As a result thereof, Daily was forced to incur the cost of the clean up of the glass,
payment for the cost of the glass, and incidental expenses.
9. Maverick, by its acts and omissions is liable to Daily for the aforesaid damages to the
glass and costs incurred by Daily resultant therefrom.
WHEREFORE, Daily Express, Inc. requests this Honorable Court to award damages for
the damage to the glass, and incidental expenses incurred as a result thereof against
Maverick Transportation, LLC.
Respectfully submitted:
cello
Dar
Marcello & Kivisto, LLC
1200 Walnut Bottom Rd.
Suite 331
Carlisle, PA 17015
O: (717) 240-4686
F: (717) 258-4686
dmarcello aa,cdl-law. com
VERIFICATION
I, Dave Long , hereby verify that the averments made in the
attached document are true and correct to the best of my information, knowledge and
belief based upon the information available. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Dated:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
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Daily Express, Inc.
vs. Case Number
Maverick Transportation, LLC 2010-3001
SHERIFF'S RETURN OF SERVICE
05/07/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Maverick Transportation, LLC.
05/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ
of Summons upon the within named defendant, Maverick Transportation, LLC, in the following manner:
On May 7, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the
within Complaint and Notice to the defendant's last known address of P.O. BOX 16173, Little Rock, AR
72231. The certified mail return receipt card was received by the Cumberland County Sheriffs Office
signed by an adult in charge on May 10, 2010.
SHERIFF COST: $33.71 SO ANSWERS,
...
May 14, 2010 RON R ANDERSON, SHERIFF
(cl Gain2ySuit~ ShenYf. Telc~osoft. Ie:.
a
~o
~ Postage $
O
p Certified Fee
p Postmark
p Return Receipt Fee Here
(Endorsement Required)
p Restricted Delivery Fee
r-3 (Endorsement Required)
p Total Postage & Fees ~ ~, ~ ,
.~ 2 0 1 -
p ent To
p __ Ma y e_r ~ k__-Tx_~m~p.Qx_z.a_ti.nny___LI..~______--
~ Street Apt No.;
or PO Sox lvo. P , 0 , Box 1617 3
City, State, Z/P+4
Little Rock AR 72231
r. r.
^ Complete items 1, 2, and 3. Also complete
item 4 i~ Restricted Delivery is desired.
^ Print you, name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on th2 front if space permits.
1. Article Addressed to:
A. Sig
v ~ ^ Agent
^~ Addressee
B, eiv by (Printed Name) C. ate of Delivery
\~LL. 7.v1 ~~ L~-Lo-~o
D. Is delivery address different from item 1? ^ Yes
If YES, enter delivery address below: ^ No
Maverick Transportation L
P,O. Box 1173
Little Rock, AR 72231
2010-3001
3. Service Type
~Ja-Certified Mail ^ F~tpress Mail
^ Registered ^ Return Receipt for Merchandise ,
^ Insured Mail ^ C.O.D.
4. Restricted Delivery? (Extra Fee) ^ Y~ ,
2. Article Number
(transfer fromservlcelabel) 70D6 081D 000Q ~~8'81 7779
PS Form 3811, February 2004 Domest~ Retum Receipt 102595-02-M-1540
Daily Express, Inc.
10-3001 Civil Term
— Case No.
Maverick Transportation,LLC C-0
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'°/�
Statement of Intention to Proceed >
To the Coon: F C= CD
�
Daily Express, I intends to proceed with the above captioned
Douglas B. Marcello, Esq.
Print Name Sign Name'
Date: Attorney for L11
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects f the recommendation merit
1.Rule ofcivil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases Ifor inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice,preempting
–r
This rule was promulgate ^ Supreme
1104 (1998) in which the court held that"prejudice to the defendant as a result of deiay in prosecution is required
before u case may"=dismissed pursuant o local rules^implementing Rule`'^~~c~^'
Rule of Judicial Administration 1901(b)has been amended to accommodate the new I rule of civil procedure. The
general policy ofthe prompt disposition ofmatters set forth in subdivision(a)ofthat rule continues to be applicable.
11 Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties.
If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes io pursue the matter,he or she
will file a notice ofintention to proceed and the action shall continue.
u Where the action has been terminated
If the action i,terminated when uparty believes that bshould not have been terminated, that party may proceed
under Rule2B0(d)for relief from the order oftem,ination. ao example of such ao occurrence might h*the termination
o[v viable action when the aggrieved party did not receive the notice vf intent m terminate and thus did not timely fi}c
the notice of intention mproceed.
The timing of the filing vr the petition mreinstate the action/oimportant. n'the petition im filed within thirty days of
the entry of the order oftermination on the docket,subdivision(d)(2)provides that the court must grant the petition and
reinstate the action. Ifthe petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff
must make x showing to the court that the petition was promptly filed and that there iovreasonable explanation or
legitimate cxoum, hvd` for the bJ\mn to §}^ the v^hcc of intention to proceed prior to the entry of the order of
termination ou the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the mdbjum of inordinate delay. In such an iomu^cr, the uoeiovnd party may pnnmo the remedy of
common law non pros which exits independently vfmnninohou under Rule 2]02.
DAILY EXPRESS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff • OF CUMBERLAND COUNTY, PA
•
v. NO. 10-3001 Civil Term
•
MAVERICK TRANSPORTATION, LLC :
Defendant
CERTIFICATE OF SERVICE
I certify that the Statement of Intention to Proceed in the within action was served upon the
following by enclosing the same in an envelope addressed as follows, postage prepaid and
depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 27th day of
September, 2013.
Maverick Transportation, LLC rn c u; - u
P.O. Box 16173
Little Rock, AR 72231 co
James A. Wescoe, Esq. �• !=?r
Rawle& Henderson, LLP --4 --
Crs
The Widener Building
One South Penn Square
Philadelphia, PA 19107
Angela I Rainey, Esq.
Marcello & Kivisto, LLC