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Home My WebLink About01-1700KIMBERLY J. BOOKS, Plaintiff We SMITH TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001- 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 NOTICI~ 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 pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las 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 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 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 KIMBERLY J. BOOKS, Plaintiff SMITH TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL ACTION - LAW COH~L~INT 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. place on 4. The facts and occurrences, hereinafter related, took or about March 13, 2000 on Interstate 81 near Exit 14W. 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: 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. Dated: ~1~% 101 Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, I.D. No. 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 07274 VERIFICATION I, Kimberly J. Books, have read the foregoing Complaint which has been drafted by my counsel. denials contained therein are true knowledge, information and belief. verification. This verification is made contained therein and not to The factual statements and/or and correct to the best of my I am authorized to make this only as to the factual averments 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. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOOKS KIMBERLY J VS SMITH TR3kNSPORT R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT SMITH TR3kNSPORT but was unable to locate Them in his deputized the sheriff of BLAIR serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being a diligent search and to wit: bailiwick. He therefore County, Pennsylvania, to 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, R .~Th~mma%'~Vine Sheriff of Cumberland County WENGER & WEIDNER Sworn and subscribed to before me this ~ ?~-~ day of ~ ~0~/ A.D. ~ O~~t~r~ DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 I INSTRUCTIONS: SHERIFF SERVICE Print legibly, insuring readability of all copies. PROCESS RECEIPT, and AFFIDAVIT OF RETURN Do not detach any copies. BCSD ENV. # I PLAINTIFF / S / ~ ,/ % /~ 2. COURT NUMBER 3. DEFENDANT / S ) ~ · 4, TYPE OF RIT OR COMPLAINT SERVE ~" 5 N/(ME~NOVDUAL. CO~,CORPO~/~ ON ETC,TOSER CEO D C O OF ER Y O ELE ED, TTA DORSOLD. 7 INDICATE UNUSUAL SERVICE: [~/~ERSONAL/[~]PERSON IN CHARGE [~]DEPUTIZE ~__]CERTMAIL[~REGISTEI~EDMAIL [~]POSTEO r~OTNER , I, SHE'RIFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of NOW, 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 8 SPEC)AL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: NB WAIVER OF WATCHMAN -- Any deputy sheriff levying upon or attaching any property under within writ may leave same wilhoui a watchman, in cuslody of whomever is found in possession, oiler notifying person bi levy or attachmertL without liability on the pad of such deputy or lhe sheriff 1o any plaintiff herein for any loss, destruclion or remove[ of any such property before sheriffs' saleN~ereof. 9 SIGNATURE of ATTORNEY of other ORIGINATOR requesting servlce on behalf of: 10. TELEPHONE NUMBER "~ 11. DAT~ _ * AINT)FF ~ I acknowledae receipt of the wbl ~ SIGNATURE ~ulhorized ~CSD Oe~ty or Cler~an~tle I 13 Date Received ~ 14 Expirabo~/Hearing date 12 Or complaint"as indicated a~ove~ ~ ~ ~ ~L~ ~ * ~ ~ ~1 ~'--~/~ --~( 15 I hereby CERTIFY and RETURN that I ~ have personaffy served. ~have served person in charge, ~ have legal evidence of sewice as shown in "Remarks" (on reverse) ~ nave posted the ~bove described property with the writ or complain1 descnbed on the individual, company, corporation, etc. at lhe address shown above or on the ind~vidusl, company corporation etc st ~he address inserted below by handing/or Posllng a TRUE and ATTESTED COPY thereof 1~ ~1 hereby certify and reiurna NOT FOUND because I a~ unable to ~ocale the individuaf company, corpora%ion, etc, named above (See remarks below) then residing in the defendant's usual piece Re Sta~e ~nd ErP Code) 23 Advance COsts 24 ~) 30 REMARKS 20 Date of Service 21, Time Oep. Int. Date Miles Oep, Int. Date Miles Oep. Int. 27 Total Costs 28 ,~.O~I~OR REFUND ob o SO ANSWER. AFFrRMED and subscribed to before me this ~' By (Sheriff/Dap SheriR),Please Print~y~.:)_...~ Date /j ~ ~/], · ~Signat~e of ~ ~ // Date I Carol Grieco, Notary Public OF A JTHOR~ZED SSU NG~~f~SSOCiahon OI Nm*.:~' ~ SHERIFF'S RETURN OF SERVICE (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at (2) ..... the within named mail, return receipt requested, postage on the (1) The return receipt signed by defendant on the made part of this return. Outside the Commonwealth, pursuant to Pa. R.C.P. 4o5 (c) attested copy thereof at is hereto attached and (2), by mailing a true aha in the following manner. (a) To the defendant by ( (b) ) 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 lhat defendant refused to accept the same. The returned receipt and envelope is attached hereto and made part of this return. And thereafter: To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the __ (3) 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. 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) (5) By mailing to a true and attested copy thereof at The Authorities marked is hereto attached. Other mail, return receipt requested, postage prepaid. on the returned by the Postal KIMBERLY J. BOOKS, Plaintiff SMITH TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1700 Civil Term CIVIL ACTION - LAW To: Prothonotary PI~EC?PE Please mark the above-referenced action as discontinued and settled. Richard H. Wix, Esquire Dated: May 29, 2001