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HomeMy WebLinkAbout14-5090 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Onlr: Civil Cover Sheet Docket No: CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S 0 Complaint Q Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Dwayne Cross Midwest Carriers LLC and Ahmed Mohamed Ali Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Q Yes E3 No O (check one) Qoutside arbitration limits N Is this a Class Action Suit? Q Yes 0 No Is this an MDJAppeal? Q Yes 0 No A Name of Plaintiff/Appellant's Attorney: John L.Aris, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ❑ Debt Collection:Credit Card Board of Assessment ❑x Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S © Product Liability(does not include E mass tort) ❑ Employment Dispute: Slander/Libel/Defamation Discrimination Q C ❑ Other: ❑ Employment Dispute:Other [3 Zoning Board T 0 Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: © Ejectment Q Common Law/Statutory Arbitration B © Eminent Domain/Condemnation ❑ Declaratory Judgment Ground Rent ® Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 LOWENTHAL&ABRAMS,P.C. THIS IS AN ARBITRATION CASE By: JOHN L. ARIS, ESQUIRE ASSESSMENT OF DAMAGES IS Identification No. 62789 REQUIRED 555 City Line Avenue, Suite 500 Bala Cynwyd,PA 19004 Attorneys for Plaintiff (610) 667-7511 DWAYNE CROSS COURT OF COMMON PLEAS 45810 Spring Lane CUMBERLAND COUNTY Apt. 208 Shelby,MI 48317 V. NO. 1 Cq— D civi MIDWEST CARRIERS LLC 3165 Dodd Road Eagan,MN 55121 : r. and 7� �-T-1 ISN, AHMED MOHAMED ALI TH � iV 19 5 Ave. G x> n Apt. 101CD I =Z`-I �.�c �, (n Hopkins,MN 55343 �— m CD NOTICEa "NOTICE" "AVISO" You have been sued in court. If you wish to defend against the claims 'Le han demandado en cone.Si usted desea defender contra las demandas set forth in the following pages,you must take action within twenty(20) dispuestas en las paginas siguientes,usted debe tomar la action en el plazo de veinte days after this complaint and notice are served,by entering a written (20)dfas despues do esta queja y se sieve el aviso,incorpor ndo un aspecto escrito appearance personally or by attorney and filing in writing with the court personalmente o y archivando en escribir con la cone sus defensas u objeciones a las your defenses or objections to the claims set forth against you. you are demandas dispuestas contra usted el abogado le advierte que que si usted no puede warned that if you fail to do so the case may proceed without you and a hater ase que el caso puede proceder sin usted y un juicio se puede incorporar contra judgment may be entered against you buy the court without further usted compra la corse sin aviso adicional para cualquier dinero demandado en la notice for any money claimed in the complaint or for any other claim or queja o para cualquier otra demanda o relevaci6n pedida por el demandante.Usted relief requested by the plaintiff. You may lose money or property of puede perder el dinero o la caracterfstica de of a endereza importante a usted. other rights important to you. USTED DEBE LLEVAR ESTE PAPL'L SU ABOGADO INMEDIATAMENTE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELLFONO La OFICINA DISPUESTA ABAJO.ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE ABOGADO.SI USTED NO PUEDE PERMITIRSE AL HIRE A UN CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A ABOGADO,ESTA OFICINA PUEDE PODER PROVEER DE USTED LA LAWYER.IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION JURIDICOS DE LA OFERTA DL'MAYO A LAS PERSONAS ELEGIBLES EN ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO UN HONORARIO REDUCIDO O NINGUN HONORARIO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association Cumberland County Bar Association 32 S.Bedford Street 32 S.Bedford Street Carlisle,Pennsylvania 17013 Carlisle,Pennsylvania 17013 800-990-9108 800-990-9108 (717)249.3166 (717)249-3166 auk C0 (AuUCII S R4( -,:kq 09> LOWENTHAL & ABRAMS, P.C. THIS IS AN ARBITRATION CASE By: JOHN L. ARIS, ESQUIRE ASSESSMENT OF DAMAGES IS Identification No. 62789 REQUIRED 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004 Attorneys for Plaintiff (610) 667-7511 DWAYNE CROSS COURT OF COMMON PLEAS 45810 Spring Lane CUMBERLAND COUNTY Apt. 208 Shelby, MI 48317 V. NO. MIDWEST CARRIERS LLC 3165 Dodd Road : Eagan, MN 55121 : and : AHMED MOHAMED ALI 19 5TH Ave. Apt. 101 Hopkins, MN 55343 COMPLAINT -MOTOR VEHICLE NEGLIGENCE 1) Plaintiff Dwayne Cross is an adult individual residing at the above address. 2) Defendant Midwest Carriers LLC is, upon information and belief, a Minnesota corporation with its headquarters located at 3165 Dodd Road, Eagan, MN. 3) Defendant Ahmed Mohamed Ali is an adult individual residing at 19 5th Ave., Apt. 101, Hopkins, MN. 1 4) On February 9, 2013, Ahmed Mohamed Ali was driving and operating a tractor- trailer owned by Midwest Carriers LLC while in the course and scope of his employment with Midwest Carriers LLC. 5) On February 9, 2013, at or about 8:45 p.m., Ahmed Mohamed Ali, while in the course and scope of his employment with Midwest Carriers LLC, was operating a tractor-trailer at the Flying J truck stop located at 1501 Harrisburg Pike in Carlisle, PA. 6) On February 9, 2013, at or about 8:45 p.m., plaintiff Dwayne Cross was in a parked tractor-trailer at the Flying J truck stop at 1501 Harrisburg Pike in Carlisle, PA. 7) On February 9, 2013, at or about 8:45 p.m., defendant Ahmed Mohamed Ali caused the tractor-trailer he was operating to collide with the tractor-trailer plaintiff was occupying. COUNT PLAINTIFF v. DEFENDANTS NEGLIGENCE 8) Plaintiff incorporates herein by reference each and every averment contained in paragraphs 1 through 7 as though the same were set forth fully herein at length. 9) The negligence of the defendant Ahmed Mohamed Ali and, by vicarious liability, defendant Midwest Carriers LLC, consisted of, inter alia: a. the defendant failed to have the motor vehicle under proper and reasonable control at all relevant times herein; b. the defendant operated the motor vehicle in such a manner as to cause it to collide into and against another vehicle; C. the defendant failed to give prompt, proper, and adequate warning of approach; 2 d. the defendant failed to keep a proper look out; e. the defendant failed to operate a motor vehicle in a safe and proper manner; f. the defendant failed to apply the brakes or to take such other measures as were necessary to avoid the above-described collision; g. the defendant failed to comply with the laws, rules, and regulations of the Pennsylvania Motor Vehicle Code pertaining to the operation of motor vehicles on or about the public highways; h. the defendant was operating the vehicle at an excessive speed or unsafe speed for conditions; i. the defendant failed to swerve to avoid colliding into another vehicle. 10) The above-described collision was in no way caused by any act or failure to act on the part of the plaintiff. 11) As a direct result of the aforesaid incident, plaintiff suffered various injuries, including, but not limited to: cervical strain with radiculopathy. 12) As a result of the above-described incident, plaintiff has suffered the need to undergo medical and rehabilitative treatment and care, which may continue into the future indefinitely. 13) As a result of the above-described incident, plaintiff has suffered, and may continue to suffer economic losses, including lost wages and bills for medical treatment, medication,physical therapy, and other medical services. 14) As a direct result of the aforesaid incident,plaintiff has incurred in the past, and will in the future continue to incur, great physical and emotional pain and suffering, and bodily impairment. 3 15) As a direct result of the aforesaid incident,plaintiff has been unable to attend to normal duties and activities. WHEREFORE, plaintiff demands judgment against defendants for compensatory damages in an amount not in excess of Fifty Thousand Dollars ($50,000.00),plus interest and cost and such other relief as this Honorable Court deems appropriate. LOWENTHAL & ABRAMS,P.C. By: VL. ARIS, ESQUIRE rneys for Plaintiff 4 VERIFICATION I, DWAYNE CROSS, hereby verify that I am the plaintiff in the within action; that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief; and that these statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DWAYNE CROSS 5 LOWENTHAL & ABRAMS, P.C. By: JOHN L. AR.IS, ESQUIRE Identification No. 62789 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004 (610) 667-7511 DWAYNE CROSS v. MIDWEST CARRIERS LLC and AHMED MOHAMED ALI THIS IS AN ARBITRATION CASE ASSESSMENT OF DAMAGES IS REQUIRED Attorneys for Plaintiff c-) • • COURT OF COMMON PLEAS `� • • CUMBERLAND COUNTY Eh • CD C-) . NO. 14-5090 AFFIDAVIT OF SERVICE BY MAIL ON MIDWEST CARRIERS LLC ra CD —4 1 c -4 Fri CD C: I, John L. Aris, Esquire, being duly sworn according to law, depose and state as follows: I am the attorney for Plaintiff in the above -captioned case. On September 18, 2014 I caused to be transmitted, by certified mail requiring a signed receipt, a letter with a copy of the Complaint to Defendant Midwest Carriers LLC at the following address: 3165 Dodd Road, Eagan, MN 55121. I further depose and state that the green card was signed by defendant's representative, Heather Sloan, on September 22, 2014. See attached letter and green card. LOWENTHAL & ABRAMS, PC Sworn to and subscribed before me this 3rd day of October, ubhc B n L. Aris, Esquire TH OF PENNSYLVANIA NOTARIAL SEAL DONNA M. ZALAS, Notary Public y� Expires es June 6, 2615 v JEFFREY P. LOWENTHAL DENNIS M. ABRAMS- JAMES B. MOGUL** REGINA M. McILVAINE" JOHN L. ARIS MAORI LEVY ESTHER M. GALLAGHER, M.O.••• JENNIFER ELLIS ANITA L. PITOCK•• MARGARET E. QUINLAN" W. DANIEL FEEHAN' • SCOTT D.YESNER•• • ALSO MEMBER NJ, CA, WV BAR •• ALSO MEMBER NJ BAR ••• ALSO MEMBER NJ, NY, FL BAR INJURY ATTORNEYS SUITE 500 555 CITY LINE AVENUE BALA CYNWYD, PENNSYLVANIA 19004 (610) 667-7511 FAX (610) 667-3440 Email: JOHN@LOWENTHALABRAMS.COM web address: www.LowenthalAbrams.com September 18, 2014 Via Certified Mail -Return Receipt Requested Midwest Carriers LLC 3165 Dodd Road Eagan, MN 55121 Re: Dwayne Cross v. Midwest Carriers LLC, et al. Court of Common Pleas Cumberland County PA No. 14-5090 Dear Sir or Madam: CENTER CITY PHILA, PA HARRISBURG, PA PITTSBURGH, PA ERIE, PA CHERRY HILL, NJ EAST BRUNSWICK, NJ NEW YORK, NY TULLY, NY CALL TOLL FREE (800) 876 -LAWYER Enclosed please find a copy of a Complaint in the above -referenced matter, which was filed with the court on August 29, 2014. JLA\km Enclosure Very truly yours, JOHN L. ARIS •SENDER COMPLETE THISSECTIO. :'CCIA�PLE'TE ThItS SECTION ON Dt L VERY t Complete items %1. 2, and 3. Also complete •.,.. item 4 if Restricted Delivery is desired. ; Print your name and address on the revers. so that we can return the card to you. El Attach this card to the back of the mailpiece, or on the front if space permits. ❑ Agent 0 Addressee 1. Article Addressed to: Midwest Carriers LLC 3165 Dodd Road Eagan, MN 55121 B. Received by (Printed Name) i D. Is delivery address different from Rem 1? U Yes If YES, enter delivery address below: 0 No elivery 3. Service Type Certified Mail* 0 Priority Mail Express"' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service labeO PS Form 3811, July 2013 _ 7014 0150 0001 9501 3966 Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION c; t • c DWAYNE CROSS, CASE NUMBER: 14-5090 f`-, r^-) �: v. Plaintiff ISSUE NUMBER: o ? t -1 PLEADING: MIDWEST CARRIERS LLC and AHMED MOHAMED ALI, PRAECIPE FOR APPEARANCE Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: MIDWEST CARRIERS LLC and AHMED MOHAMED ALI, Defendants. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DWAYNE CROSS, Plaintiff v. CIVIL DIVISION MIDWEST CARRIERS LLC and AHMED MOHAMED ALI, Defendants CASE NO: 14-5090 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Please enter my appearance on behalf of the Defendants, MIDWEST CARRIERS LLC and AHMED MOHAMED ALI, in the above -captioned matter, which such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction, service, or venue. BY: Respectfully submitted, CIPRIANI & WERNER, P.C. E. RALP GOD `REY, ' SQUIRE Counsel for the De s ants, A JURY TRIAL IS DEMANDED MIDWEST CARRIERS LLC and AHMED MOHAMED ALI r �w CERTIFICATE OF SERVICE That counsel for the Defendants, MIDWEST CARRIERS LLC and AHMED MOHAMED ALI, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre -paid, according to the Pennsylvania Rules of Civil Procedure, on the n7 day of CSG , 2014. John Aris, Esquire Lowenthal & Abrams, P.C. 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004 (Counsel for Plaintiff BY: Respectfully submitted, CIPRIANI & WERNER, P.C. E. RALPH GODFRE Counsel for the Defen MIDWEST CARRIERS MOHAMED ALI LOWENTHAL & ABRAMS, P.C. By: JOHN L. ARIS, ESQUIRE Identification No. 62789 555 City Line Avenue, Suite 500 Bala Cynwyd, PA 19004 (610) 667-7511 DWAYNE CROSS V. MIDWEST CARRIERS LLC and AHMED MOHAMED ALI THIS IS AN ARBITRATION CASE ASSESSMENT OF DAMAGES IS REQUIRED Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 14-5090 AFFIDAVIT OF NO SERVICE ON DEFENDANT AHMED MOHAMED ALI —71 I, John L. Aris, Esquire, being duly sworn according to law, depose and state as follows: I am the attorney for Plaintiff in the above -captioned case. On six dates (see attached Affidavit of Due and Diligent Attempt) a process server attempted to serve a copy of the Complaint to Defendant Ahmed Mohamed Ali at the following address: 19 5th Avenue South, Apartment 101, Hopkins, MN 55343. The process server avers that Ahmed Mohamed Ali refused to answer the door or there was no answer on each attempt at the above address. Sworn to and subscribed before me this 11th day of December, 2014. Notary Public COMMONWEALTH OF PENNSyLVAN Notarial Seal Sandra Nichols, Notary Public Lower Merlon Twp., Montgomery County My commission Expires Jan. 28, 2017 MENEM PENNSYLVANIA ASSOCIATION OF NOTARIES LOWENTHAL & ABRAMS, PC By: . Aris, Esquire Dwayne Cross, et. al., Plaintiff(s) vs. Ahmed Mohamed Ali, et. al., Defendant(s) Law Firm Requesting Service: LOWENTHAL & ABRAMS, P.C. Karen Metzger 555 City Avenue ilYtilPd9fiwyd, PA 19004 -�SCd Customer File: 851.067 State of: av � i/ County of: 1"1 n ) lfik )ss. Name of Server: Documents Served: Service of Process by APS International, Ltd. 1-800-328-7171 AFFIDAVIT OF DUE AND DILIGENT ATTEMPT --Ahmed Mohamed Ali Court Case No. 14-5090 Carl Bradley , undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action; the undersigned attempted to serve the documents described as: Complaint Service of Process on: The undersigned attempted to serve the documents on Ahmed Mohamed Ali Attempts: and after due and diligent efforts, was unable to effect service. The following is a list of the attempts made to effect service: Dates/Times of Attempted Service Address Attempted Reason for Non -Service 01 -Nov -2014 1:05 pm 04 -Nov -2014 6:50 pm 07 -Nov -2014 5:30 pm 09 -Nov -2014 9:10 am 28 -Nov -2014 8:45 am 02 -Dec -2014 7:40 pm 19 5th Avenue South, Apt. 1 Hopkins, MN 19 5th Avenue South, Apt. 1 Hopkins, MN 19 5th Avenue South, Apt. 1 Hopkins, MN 19 5th Avenue South, Apt. 1 Hopkins, MN 19 5th Avenue South, Apt. 1 Hopkins, MN 19 5th Avenue South, Apt. 1 Hopkins, MN Signature of Server: Undersigned declares under penalty of perjurythat tr- • egoin true an. - ect. Subject refused to answer the door, watched him open the door for a friend No Answer No Answer No Answer No Answer s 646,.11" ,; ELIZABETH A. LITTLE NOTARY PUBLIC- MINNESOTA MYCOMMSSIONONES 1.31,2015 cribed and day of s to before me this C- ,20 /� Signature of Server Notary om Sion Expires