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Home My WebLink About06-1122 THOMAS. THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717)237~7132 kmcnamara@tthlaw.com Attorney for Plaintiffs AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INe. & PENSKE TRUCK LEASING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. :J. dOG .- //:l.J.. Cl ",J USA MOTOR EXPRESS, and TERRY INMAN CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action to Defendants, USA Motor Express, 5080 Malone Road, Memphis, TN 38118 and to Terry fuman, 301 Wilson Dam Road, Florence, Alabama 35630. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County for service on the Defendant by Certified Mail.. THOMAS, THOMAS & HAFER, LLP Dated: ..2 h 7/0 10 , , 0-c-/YJCy'7~ Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999' (717) 237-7132 Attorneys for Plaintifft 360342.1 ,...... \" ~ "- AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INC. & PENSKE TRUCK LEASING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. <'" . )/.; ~ (c~.J' 0..-, USA MOTOR EXPRESS, and TERRY INMAN CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: JERRY INMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF, HAS NAMED YOU AS A DEFENDANT IN THIS ACTION. (; /) J h1 .' 'l/JiM ./, .p;.?:oU Prothonotary /' ^ Dated: ~~!V!:; 7 JocJb .:/ By: L/ (~ )'1t'~ v; ;b~/I'?/1 <,.: 'd:~, " Deputy 3603421 ~ -.,l -C. 00 CJ .4 o r< *- ...J .,..1 -\-I o ~ \..l'\ ';"i jJ~ C) -~ <;;l.. "3, (> z " ., ~ , \") o .--~ . ~\ ~ :., i,.j "AI THOMAS. THOMAS & HAFER. LLP Kevin C. McNamara, Esquire ldentil1cation Number: 72668 305 N. Front Street P.O_ Box 999 Harrisburg, PA 17108 (717)237-7132 kmcnamara@tthlaw.com Attorney for Plaintiffs AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INC. & PENSKE TRUCK LEASING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2.00~- 1/2.2.. C;"j) USA MOTOR EXPRESS, and TERRY INMAN CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO REISSUE OF WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reissue a writ of summons in the above-captioned action to Defendant, USA Motor Express, 5080 Malone Road, Memphis, TN 38118. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County for service on the Defendant by Regular First Class Mail.. Dated: #.3 ~b THOMAS, THOMAS & HAFER, LLP L (,rYlY7~ Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999' (717) 237-7132 Attorneys for Plaintiffs 3603421 -.--\ (: SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-01122 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN INTER FIDELITY EXCH VS. USA MOTOR EXPRESS ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,USA MOTOR EXPRESS by United States Certified Mail postage prepaid, on the 28th day of February ,2006 at 0000:00 HOURS, at 5080 MALONE ROAD MEMPHIS, TN 38118 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by RETURNED AS "UNCLAIMED" 00/00/0000 on Additional Comments: Docketing Cert Mail Postage Surcharge 18.00 4.64 .39 10.00 .00 33.03 .>~ - ---= _....~ R. Thom~~' Kl~' Sheriff of Cumberland County Sheriff's Costs: So <:lJ /- Paid by THOMAS THOMAS HAFER on 04/10/2006 . Sworn this .) IYV ~ and subscribed to l1e day of ~ A.D. before me Prothonotary 1'_~_ ~. 3QJI:Wil8cn D8n !bad F~ ~, At 35630 c. ." 1),.................__17 .1'.....-,.....:....... 0 No 3........",. .__ 0......_ 01' .'I.-l 0-";-.",,__ o _ 0 C.O.D. 4. _1ohod DoIhwYI (ExIJI F...; 0 Yes 2. '~L'" ( . , PS Form 3811"FsbnulIy2004 , 7005 1160 OOO~ 1107 7800 arllXll dvE .---- 102f515002.M-1540 ";'.'''' ---- ,,,,,,,,,,,,.--"-- 61 ." '" '" .". .t ~ ~ '" l> .... .. V .... " ~ ,po =- . - - ~ .- . ~ . ~ ~ ~ ~ 'i- =- (. - ~ ~ \; \. lllllt ""1~ ' ....,... c. '- \\ ~ ."v, r0'~1 ~ ~ r:A, c; ~j'.'~~~'~ ...~'"',..-:./-' ~':, -..1-",., .,'. . -~;-~;," < '." ~.;:;\ .;f.> ~f:tt:.I. \;;, 0--. \~,. ~~. .3:-.-;.. \:'~ 'i -l ,. '" '" ~ -> -. ~ ~~, ~ - ~~ -- .c- ~,"_""'""''''~==-o.=--=_."".~;, -.,' ~,.~,.,,-;~...;~,.~- II f I :;:j ~ ~ ~~ ~ .~ i 00 a 00 o r) .. ~ N 0 ~ II ~ jl I it lu l is I Ij 000 i J1J I I! ~ A' I: . !j II I I 1l. .... i~DO I d . . :T .. ... IT' l'- l'- t I 1 l'- c:J ...; ...; i:~~ ru i~~S: . c:J .!l1~O~ c:J c:J ~i~di Ul ~ c:J N ~E5i ~!~ ..D ...; ..:1 ~s"" l! r.. '" r'I ! h~j I ~ 8 ~ Ul c:J bllf~ ~ij c:J l'- "'--, ~j!a!a ~ ~~ '. I. _ ..' THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7132 kmcnamara@tthtaw.com Attorney for Plaintiffs AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INC. & PENSKE TRUCK LEASING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-1122 USA MOTOR EXPRESS and TERRY INMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: USA Motor Express and Terry Inman 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 appearanee personally or by attorney and filing in writing with the Court your defenses or objections to the elaims set forth against you. You are warned that if you fail to do so the ease may proeeed 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 NOTICE 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 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Belford Street Carlisle, PA 17013 Telephone (717) 249-3166 . , . . THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara. Esquire Identification Number: 72668 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7132 kmcnamara@tthlaw.com Attorney for Plaintiffs AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INC. & PENSKE TRUCK LEASING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-1122 USA MOTOR EXPRESS, and TERRY INMAN, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, comes the Plaintiff and brings the following Complaint: 1. The Plaintiff is an insuranee company with a place of business at 8400 Louisiana Street, Marrillville, Indiana 46410. 2. The Defendants are USA Motor Express, a business entity with an address of 5080 Malone Road, Memphis, Tennessee 38118 and Terry Inman, an adult individual who resides at 301 Wilson Dam Road, Florenee, Alabama 35630. 3. The faets and circumstanees that form the basis for this action occurred on Mareh 1, 2004, at or around northbound SR 81 at a rest area in Carlisle, Pennsylvania. 4. At all times relevant hereto, Defendant, Terry Inman was an agent and/or employee of Defendant, USA Motor Express, acting within the course and scope of his .' employment with Defendant USA Motor Express and under the placards and authority of USA Motor Express. 5. At approximately 1 :30 p.m. on March 1, 2004, Terry Inman was northbound on SR 81 in the right hand lane and operating a 2003 traetor trailer truck. 6. Also, at approximately 1 :30pm on March 1, 2004, the Plaintiffs tractor trailer truck was parked on the east berm of SR 81. 7. While traveling north, Terry Inman's truck swerved aeross the right lane and across the berm where it impacted the left side of Plaintiffs tractor trailer truck causing extensive damage. 8. The aforementioned aeeident was eaused solely by the negligence of Terry Inman, said negligence consisting of: a. Failing to keep his tractor trailer truck under proper control; b. Failing to maintain his tractor trailer truek within the driving lanes; c. Failing to brake or otherwise avoid a eollision with Plaintiffs vehicle; d. Striking Plaintiffs stopped vehicle; e. Traveling too fast for traffic and/or roadway conditions; and f. Failing to properly maneuver his tractor trailer truck to avoid striking Plaintiffs vehicle. 9. As a result of the aforementioned negligence of the Defendant, Plaintiffs trailer and truek required repair and was out of service for an extended period of time. 10. USA Motor Express is vicariously liable for the conduct of driver Terry Inman. 420292-' 2 11. As the insurer for the subjeet property, Ameriean Inter Fidelity Exehange was presented with a claim for damage to the property related to the Mareh 1, 2004 aceident. American Inter Fidelity Exchange paid for the damages proximately resulting from the negligence of the Defendant and American Inter Fidelity Exehange hereby asserts its right of subrogation against the Defendants. 12. Plaintiffs subrogors also did or may have sustained additional damage or losses as a result of this aecident due to tractor/trailer loss of use and down time and claim is made therefore. WHEREFORE, Plaintiff respeetfully requests that judgment be entered in its favor and against USA Motor Express and Terry Inman in an amount subject to eompulsory arbitration. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By:L(~VVlV)~ Kevin C. MeNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 DATE: <j f4/otp 420292- 1 3 VERIFICATION I, _ ~o.,.H'YC('owe , state that I am an authorized representative of American Inter Fidelity Exchange, that I make this Verification on behalf of American Inter Fidelity Exchange and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. AMERICAN INTER FIDELITY EXCHANGE By: 0~ ~ DATE: <'0 /;;n /0 ro 1571-1 , .. CERTIFICA TE OF SERVICE AND NOW, this ,q~y Of~, 2006, I, Kevin C. McNamara, Esquire, an attorney of Thomas, Thomas & Hafer, LLP, hereby eertify that I have this day served the within Complaint by depositing a copy of the same in the United States Mail, Certified Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: USA Motor Express 5080 Malone Road Memphis, Tennessee 38118 Terry Inman 301 Wilson Dam Road Florence, Alabama 35630 THOMAS, THOMAS AND HAFER LLP ,Le. mY1~ Kevin C, McNamara, Esquire Date: ~ Ie{! OV 420292.1 4 (') c: s: -(1).."1 mC:;1 ~il= ~c; r'; Q &\..... ;Pc: ~ -<. .... = g; ~ G"> - <.Jl ~ :C..,-, fTlF" ..."m :09 Gc) ~;j~ ~~ g ~ -0 ::x: fS) C' IV SHERIFF'S RETURN - U.S. MAIL CASE NO: 2006-01122 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN INTER FIDELITY EXCH VS USA MOTOR EXPRESS ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT USA MOTOR EXPRESS , by United States Mail postage prepaid, on the 27th day of April , 2006 , at 0000:00 Hours, at 5080 MALONE ROAD MEMPHIS, TN 38118 a true and attested copy of the attached WRIT OF SUMMONS Sheriff's Costs: Docketing Postage Affidavit Surcharge 18.00 .78 .00 10.00 .00 28.78.,/ R. Thomas Klin Sheriff of Cu erland County THOMAS THOMAS HAFER 09/06/2006 q -I'f~ 6 C. 9-- Sworn and Subscribed to before me on this day of A.D. - THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7057 Attorney for Defendant Groffs Plumbing & Heating AMERICAN INTER FIDELITY EXCHANGE, Subrogee of TRANSPORT LEASING, INC. & PENSKE TRUCK LEASING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v. NO. Ol.. - II ~2.. (} IlJ LL '---ra "'l USA MOTOR EXPRESS, and TERRY INMAN CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBSTITUTION OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Please withdraw the appearance of Kevin C. McNamara, Esquire, of the law fIrm of Thomas, Thomas & Hafer, LLP, as counsel for Defendants in the above matter. Please enter the appearance of Anthony T. Lucido, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, as counsel on behalf of Defendants in the above matter. THOMAS, THOMAS & HAFER, LLP Dated: / r J.!O~ By:r~' Anthony T. Lucido, Esquire 1.0. No. 76583 Attorneys for Defendants 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 471160.1 i - CERTIFICATE OF SERVICE I, Tammie L. Berkheimer, an employee at Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: USA Motor Express 5080 Malone Road Memphis, Tennessee 38118 Terry Inman 301 Wilson Dam Road Florence, Alabama 35630 THOMAS, THOMAS & HAFER, LLP d~L?L- Dated: December 28, 2006 ~ 2, ~ s: -00:7 ~S;; ~;:~,. 2'6 :.::: l2 ~ c.- ~ I (..) -0 :Jt (..) .. ~ ~~ ~m ()~ ,""I.;" :T:::J,) o~ ~ ~ N