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Home My WebLink About11-1066 C . 1:ILEPJ`OFFIC - JAN 31 PH 2: C9 CUMBERLAND co,Jtl PENNSYLI/Ari! ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., CIVIL DIVISION - ARBITRATION Plaintiff, NO.: // -- O L4, C.; t O z L-lie' ,t vs. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, Defendants. COMPLAINT Filed on Behalf of Plaintiff, U.S. Xpress, Inc. Counsel of Record For This Party: Christopher P Deegan, Esquire PA I.D. #85635 Email: cdeeganawglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Firm #594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 A R? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., Plaintiff, CIVIL DIVISION - ARBITRATION NO.. vs. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, Defendants. NOTICE TO DEFEND TO: Stevens Transport, Inc. William P. Huntley ATTN: Steven L. Aaron, Chairman & CEO 2014 Ross Street 9757 Military Parkway Bay City, Texas 77414 Dallas, Texas 75227 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 AN 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: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Toll Free: 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., ) CIVIL DIVISION - ARBITRATION Plaintiff, NO.: vs. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, Defendants. COMPLAINT AND NOW, comes the Plaintiff, U.S. Xpress, Inc., by and through its attorneys, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, U.S. Xpress, Inc. (hereinafter referred to as U.S. Xpress), is a trucking company incorporated in the State of Nevada with its principal place of business at 4080 Jenkins Road, Chattanooga, Tennessee 37421. 2. Defendant, Stevens Transport, Inc. (hereinafter referred to as "Stevens Transport"), is a Texas corporation with its principal place of business and registered agent Steven L. Aaron located at 9757 Military Parkway, Dallas, Texas 75227. 3. Defendant, William P. Huntley (hereinafter referred to as "Huntley), is an adult individual residing at 2014 Ross Street, Bay City, Texas 77414. 4. At all times relevant hereto, U.S. Xpress was the owner of a 2007 Volvo tractor unit (#72334). 5. At all times relevant hereto, Stevens Transport was the owner of a 2006 Kenworth truck bearing VIN Number IXKTDV9X76J126135. 6. At all times relevant hereto, Huntley was acting as an employee and/or agent and/or representative of Stevens Transport. 7. On or about May 17, 2009, the U.S. Xpress vehicle had been legally parked at the Gables Truck Stoop located at 1240 Harrisburg Pike, Middlesex Township, Carlisle, Cumberland County, Pennsylvania. 8. While legally parked, the U.S. Xpress vehicle was, suddenly and without warning, struck by the aforementioned Stevens Transport truck which was being operated by its employee and/or agent and/or representative Huntley. 9. At all times relevant hereto, Huntley was operating within his employment and/or representation and/or agency with Stevens Transport. 10. As a result of the aforementioned accident, the damages suffered by U.S. Xpress include, but are not limited to, the following: Damages to its aforementioned tractor unit $2,600.75 Lost Income/Loss of Use for 2.48332 Days $482.00 TOTAL: $ 11. The careless, negligent and reckless conduct of the Defendants, by and through their employees and/or representatives and/or agents, was the direct and proximate cause of the damages suffered by U.S. Xpress, and that conduct is more particularly set forth in the lettered paragraphs below: (a) in failing to control the Defendants' vehicle; (b) in failing to look or watch where the Defendants' vehicle was being operated; (c) in striking the legally parked U.S. Xpress vehicle; (d) in failing to remain alert to the existing circumstances; -2- (e) in failing to avoid striking the U.S. Xpress vehicle; (f) in failing to use the brakes or braking mechanisms; (g) in acting in a careless, reckless and negligent manner; (h) in failing to properly train and/or supervise its employees and/or representatives and/or agents; (i) in allowing or permitting its employees and/or representatives and/or agents to act or omit to act as described above; and (j) in failing to provide U.S. Xpress with the standard of care owed to it under the existing circumstances. WHEREFORE, Plaintiff, U.S. Xpress, Inc., demands judgment in its favor and against the Defendants, Stevens Transport, Inc. and William P. Huntley, in the amount of $3,082.75, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: 6 C Christopher P. Deegan, Esquire Attorney r Plaintiff, U.S. Xpress, Inc -3- VERIFIED STATEMENT 1, M.1 41) C. V I,(-) of U.S. Xpress, Inc., hereby verify that the statements set forth in the foregoing COMPLAINT are true and correct 'to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: d r Print Name: Title ?V"Of? iCJXQ/Y?!/L? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing COMPLAINT has been served by first class Certified U.S. Mail, Return Receipt Requested, postage prepaid, this 27th day of January, 2011, upon the following parties: Stevens Transport, Inc. 9757 Military Parkway Dallas, Texas 75227 William P. Huntley 2014 Ross Street Bay City, Texas 77414 Christophe . Deegan, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., Plaintiff, VS. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, CIVIL DIVISION - ARBITRATION NO.: 11-1066 Civil Term PROOF OF SERVICE OF COMPLAINT Defendants. Filed on Behalf of Plaintiff, U.S. Xpress, Inc. Counsel of Record For This Party: Christopher P Deegan, Esquire PA I.D. #85635 Email: cdeegangwglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP =`Z Firm #594 va Two Gateway Center, Suite 1450 603 Stanwix Street y cz, Pittsburgh, PA 15222 Phone: (412) 281-4541 w !AJ Lx Li., L.c j , ?.:Ij ax: (412) 281-4547 r P? rn CD "C rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., Plaintiff, vs. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, Defendants. CIVIL DIVISION - ARBITRATION NO.: 11-1066 Civil Term PROOF OF SERVICE OF COMPLAINT Plaintiff, U.S. Xpress, Inc., by and through its attorneys, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, hereby notifies the Court that a Complaint has been served upon Defendant, Stevens Transport, Inc., by mailing a copy of the same by first class U.S. Certified Mail, Return Receipt requested, postage prepaid to Stevens Transport, Inc., ATTN: Steven L. Aaron, 9757 Military Parkway, Dallas, Texas 75227 on January 31, 2011. The Domestic Return Receipt is attached hereto as Exhibit A. Respectfully submitted, WEBER GALLAGHER SIMPSON ST APLETON FIRES & NEWBY LLP B ?( Y• Christopher . Deegan, Esquire Attorneys for Plaintiff, U.S. Xpress, Inc. ¦ Complete items f; 2, and 3. Also complete stern 4 if Restricted Delivery is desired. ¦ Print your 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 the front if space permits. 1. Article Addressed to: I ? I f(I?ls?of-??SnC 9' +?. , -rx -115091 ",j: S4ejen L. 40run A. X B. X by ( PrinC. Date of Delivery MI D. Is delivery adgress d lbrant from item 1? ? Yes If YES, enter delivery address below: ? No 4. Restricted Delivery? (Extra Fee) ? Yes 3. Service Type 1kCertified Mail ? Express Mail ? Registered ? Return Receipt for Merct>e ? Insured Mail ? C.O.D. ? Agent 2. Article Number (IhuretbrBoorawrioebe" 7002 2030 0002 6342 1156 P8 Form 3811, February 2004 Domestic Return Receipt t oe ta?c? ; EXHIBIT 1 A - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PROOF OF SERVICE OF COMPLAINT has been served by first class U.S. Mail, postage prepaid, this 3rd day of February, 2011, upon the following party: Stevens Transport, Inc. 9757 Military Parkway Dallas, Texas 75227 ATTN: Steven L. Aaron C? Christophe . Deegan, Esquire _ FILED-OFFICE Or THE PROTHONOTARY 2011 MAR 31 AM 11: 52 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., Plaintiff, CIVIL DIVISION - ARBITRATION NO.: 11-1066 Civil Term vs. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, PRAECIPE TO SETTLE AND DISCONTINUE Defendants. Filed on Behalf of Plaintiff, U.S. Xpress, Inc. Counsel of Record For This Party: Christopher P Deegan, Esquire PA I.D. #85635 Email: cdeegan(a?Lglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Firm #594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. XPRESS, INC., Plaintiff, CIVIL DIVISION - ARBITRATION NO.: 11-1066 Civil Term VS. STEVENS TRANSPORT, INC. and WILLIAM P. HUNTLEY, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE TO: DAVID D. BUELL, PROTHONOTARY Kindly settle and discontinue the above-captioned action. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Lj_\c '/ Christophe P. Deegan, Esquire Attorneys for Plaintiff, U.S. Xpress, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE TO SETTLE AND DISCONTINUE has been served by email transmission this 29th day of March, 2011, upon the following party: Stevens Transport, Inc. 9757 Military Parkway Dallas, Texas 75227 ATTN: Shiree Sparr c4r?o `J Christoph P. Deegan, Esquire