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HomeMy WebLinkAbout99-07754d i ftk% 9 LAW OFFICES OF ROBERT A. KOSSEFF & ASSOCIATES, P.C. BY: JOSEPH VACCARO, ESQUIRE Identification No.: 83366 1525 Locust Street, Ninth Floor Philadelphia, Pennsylvania 19102 (215) 731-1600 "Multix JUN wliAvh;x 1001 8TH AVENUE ALTOONA, PA 16002-2524 PLAINTIFF V. THOMAS VINCENT HORES, Jr. 611 NORTH LINCOLN AVE. BRIDGEPORT, OH 43912 DEFENDANT LOGISTICS MANAGEMENT, INC. C/o JOSEPH DiTOMMASO STATUTORY AGENT 32 MAJESTIC WAY MARLTON, NJ 08054 DEFENDANT MT..-. I PAUL FIRE AND MARINE INSURANCE CO. ONE JERICHO PLAZA JERICHO, NY 11753-8921 DEFENDANT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 7'7yV CcA; V T?- JURY TRIAL DEMANDED 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 important to you. i t _r r i i} I 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 Two Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 LAW OFFICES OF ROBERT A. KOSSEFF & ASSOCIATES, P.C. BY: JOSEPH VACCARO, ESQUIRE Identification No.: 83366 1525 Locust Street, Ninth Floor Philadelphia, Pennsylvania 19102 (215) 731-1600 ATTORNEY FOR PLAINTIFF TIMOTHY JON WEAVER COURT OF COMMON PLEAS 1001 8TH AVENUE CUMBERLAND COUNTY ALTOONA, PA 16002-2524 PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr. 611 NORTH LINCOLN AVE. BRIDGEPORT, OH 43912 DEFENDANT LOGISTICS MANAGEMENT, INC. c/o JOSEPH DiTOMMASO STATUTORY AGENT 32 MAJESTIC WAY MARLTON, NJ 08054 DEFENDANT ST. PAUL FIRE & MARINE INSURANCE COMPANY ONE JERICHO PLAZA JERICHO, NY 11753-8921 DEFENDANT NO, 9 9. 7 7 Y1/ Cc ?- -r..- JURY TRIAL DEMANDED ! ^UnT.RTI" The Plaintiff, through his attorney, Joseph Vaccaro, and the Law Offices of Robert A. Kosseff & Associates, P.C., respectfully represents as follows: 1. Plaintiff, TIMOTHY J. WEAVER, is a citizen and resident of the Commonwealth of Pennsylvania, residing therein at 1001 8TH AVENUE, ALTOONA, PA 16002. 2. Defendant, THOMAS VINCENT HORES, JR., upon information and belief, is resident of the State of Ohio, residing therein at 611 North Lincoln Avenue, Bridgeport, Ohio, 43912. 3. Defendant, Logistics Management, Inc., upon information and belief, is a business incorporated in the State of New Jersey, with a statutory agent named Joseph DiTommaso, located at 402 Trenton Terrace, Mt. Laurel, NJ 08054, and conducting business through Cumberland County, Pennsylvania. 4. Defendant, St. Paul Fire & Marine Insurance Company, upon information and belief, is a business incorporated in the State of New York, located at One Jericho Plaza, Jericho, NY, 11753-8921, and is in the business of insuring interests. COUNT I TIMOTHY JON WEAVER v THOMAS VINCENT HORES, JR. 1- S. Paragraphs 1 through 4 are incorporated herein by i reference as if set forth more fully. 6. On or about December 31, 1997 at approximately 4:00 a.m., the Plaintiff, Timothy Jon Weaver was operating a truck on the Pennsylvania Turnpike, in the vicinity of milepost 220. 7. As Mr. Weaver was driving, he was struck from behind by another truck being operated by the Defendant, Thomas Vincent Hores, Jr. 8. On information and belief, the truck being operated by the Defendant, Thomas Vincent Hores, Jr., was proceeding at a fast rate of speed for one truck following another truck. 9. Mr. Weaver attempted to avoid the impact, but the Defendant, Thomas Vincent Hores, Jr. never stopped, changed lanes, or slowed down the truck he was operating so as to avoid rear-ending the Plaintiff's truck. lo. The above mentioned accident was caused solely as a result of the carelessness, recklessness and negligence of the Defendant, Thomas Vincent Hores, Jr., and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, Timothy Jon Weaver. 11. The negligence, carelessness and recklessness of the Defendant Thomas Vincent Hores, Jr., consisted of the following: a. failing to properly operate and control the motor vehicle in a safe manner so as to avoid the collision; b. failing to operate the motor vehicle in compliance with the motor vehicle statutes and rules governing the operation of motor vehicles; C. failing to keep a proper lookout; d. failing to operate the motor vehicle so that it could stop within an assured clear distance. e, operating the motor vehicle in the improper lane; ff.. f. failing to operate the motor vehicle with due care, caution, and regard for the Plaintiff's and others' safety; g. failing to operate the motor vehicle at a safe speed for the weather and road conditions which then and there existed; h. and such other acts and omissions constituting negligence as may become apparent during discovery. 12. Solely as a direct and proximate result of the Defendant's negligence, carelessness and recklessness, Plaintiff, Timothy Jon Weaver, sustained severe personal injuries including, but not limited to left shoulder strain, lumbar and cervical sprain, and pain and discomfort. 13. Plaintiff has suffered greatly as a result of the Defendant's negligence; and he will likely in the future suffer pain and inconvenience. He has been and will in the future be prevented from attending to his usual duties and activities causing a loss of enjoyment of the lifestyle to which he was accustomed. 14. Solely as a direct and proximate result of the Defendant's negligence, carelessness and recklessness, Plaintiff has incurred and will likely in the future incur medical bills and other expenses in an effort to effect a cure of his injuries, some of which may be permanent in nature. 15. As a result of the foregoing accident, Plaintiff has lost sums of money which he would otherwise have earned and obtained; and his earning capacity has been damaged and impaired. WHEREFORE, Plaintiff, Timothy Jon Weaver, claims damages from Defendant, Thomas Vincent Hores, Jr., in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars and the costs of this action. COUNT II TIMOTHY JON WEAVER v. LOGISTICS MANAGEMENT, INC 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth more fully at length. 17. On information and belief, Defendant, Thomas Vincent Hores, Jr. was operating his truck during the course of and in the scope of his employment for Defendant, Logistics Management, Inc. 18. As such, Defendant Logistics Management, Inc., was benefiting from Defendant Thomas Vincent Hores, Jr. Is operation of the motor vehicle at the time it collided with the Plaintiff's motor vehicle on said date and time. 19. As a result of the master-servant relationship between Defendants, Thomas Vincent Hores, Jr. and Logistics Management, Inc., the Defendant Logistics Management, Inc., is liable to the Plaintiff, Timothy Jon Weaver, for the acts or omissions of its agent, Defendant Thomas Vincent Hores, Jr., pursuant to the doctrine of respondeat superior. WHEREFORE, Plaintiff, Timothy Jon Weaver, claims damages from Defendant, Logistics Management, Inc., in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars and the costs of this action. COUNT III TIMOTHY JON WEAVER v. St. Paul Fire & Marine Insurance Co. 20. Paragraphs 1 through 20 are incorporated herein by reference as if set forth more fully at length. 21. On information and belief, Defendant, St. Paul Fire & Marine Insurance Co., is the insurer of the Defendant, Logistics, Management, Inc. 22. As a result of this contractual relationship between Defendants, St. Paul Fire & Marine Insurance Co., and 11. Logistics, Management, Inc., Defendant St. Paul Fire & Marine Insurance Co., is liable to the Plaintiff, Timothy Jon Weaver, for its insured's acts or omissions. WHEREFORE, Plaintiff, Timothy Jon Weaver, claims damages from Defendant, St. Paul Fire & Marine Insurance Co., in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars and the costs of this action. THE LAW OFFICES OF ROBERT A. KOSSEFF, & ASSOCIATES, P.C. Dated: 29 ?C?z y9 By: JOSEPH CCARO, ESQUIRE ATTORNEY FOR THE PLAINTIFF, Timothy Jon Weaver V E R I F I C A T I O N E I, TIMOTHY JON WEAVER, hereby state that I am the Plaintiff in the foregoing matter, and verify that the statements made in the attached PLAINTIFFS COMPLAINT are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. TIMOTHY JON WEAVER DATE: V E R I F I C A T I O N I, Joseph Vaccaro, hereby state that I am the Plaintiff's attorney in the foregoing matter, and verify that the statements made in the attached PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. DATE : Z I bOz 9 1 JOSEPH CCARO -4 T T a Q 4= UO r" , L ; r? ai J r, C 1. • 11 ?a b d' Z? 1 M IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant FILED BY: JOSEPH VACCARO, Esq. Pa. I.D: No.: 83366 THE LAW OFFICES OF ROBERT A. KOSSEFF, & ASSOCIATES, P.C. 1525 LOCUST STREET NINTH FLOOR PHILADELPHIA, PA 19102 TEL: 215-731-1600 FAX: 215-735-5121 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant To The Prothonotary: PRAECIPE TO REINSTATE COMPLAINT Pursuant to Pa. R. Civ. Pro. 401(b)(I), please reinstate the Complaint in the above-captioned matter, a copy of which is attached hereto as Exhibit "A." THE LAW OFFICES OF ROBERT A. KOSSEFF, & ASSOCIATES, P.C. Dated: 6 ` BY:`?° _ H VACCARO Attorney for the Plaintiff ?uf?'i i-? ... LAW OFFT_CES OF ROBER^ KOSSEFF & ASSOCIATES, 2. C. BY: JOSEPH VACCARO, =SQUIRE Identification No.: 33366 1525 Locust Street, Ninth Floor Philadalnhia, Pennsy_vania 19102 (215) 731-1600 ATTORNEY FOR PTA_TNT_ra TIMOTHY JON WEAVER COURT OF COMMON PLEAS 1001 8TH AVENUE CUIBEERL ND COLiITY ALTCCNA, PA 16002-25-74 PE' - --PLAINTIFF CTVTL ACTION - LA1 V. THOMAS VINCENT HORES, Jr. NO. qq- •7.7Y"V l okJ %-u - 61! NORTH LINCOLN AVE. BRIDGEPORT, OH 43912 DEFENDANT JURY TRIAL DEMANDEL & _-OGTSTICS MANAGEMENT, INC. C/o JOSEPH Di TOhL`QASO STATUTORY AGENT 32 MAJESTIC WAY MARLTON, NJ 08054 _ DEFENDANT NOTICE & ^i ST. PAUL FIRE AND MlZ=TNE .. TpTSLRANCE CO. ONE JERICHO PLAZA JERICHO, NY 11753-353_ - DEFENDA NT You have been su=-4 in C--ur_. If you 7/1sh to defen C. c _= _n _ 'N: nC _cac_es, 'iGL' IDt:SC { actlCn 'N_t.._.. .. .v ?• wdVS 3___ _S CJLI"a - Ce or en..__ M_.^._ ac Cearance rsCnal_f Dv attCrn=': and .^.C 'arid^C Wit._ - Court ",cur ce_ensas cr cb:ec-icns to t..e claims set =•..._ acairst I/cu. a_= warn-4 - - _^ a_ tail to d0 SC, mall prccaed •Nithcuz JCu and > lLdCment C!n'f be c?-- _ aCainSt '(GLL OV t..t COL'rt :J.^.Gut '-•1:ther .^.CCica ner._'/ claimed n ...e Comc:ai.^.t -- _-C= anv ct::e_ _ =__eC reauesz: b'i - _ = _--_ YOU SHOULD TAKE Tr.=S PAPER TO YOUR LA:iDER AT ONCE. _F YOU DO NOT HAVE A LA`dYE= OR CADINOT AFFORD ONE, GO TO OF TELEPHONE THE OFrT/`E SET FORT- BELO;9 0 _ ?D1D OU WHERE '{OU CAN GET LEGAL HELP. Cumberland Ccunty Bar Association TWO Li*zerty Avenue Carlisle, PA 17013 Phc.^.e: (717) 240-3=5= LAW OFFICES OF RCBERT A. KOSSEFF & ASSOCIATES, P.C. EY: JOSEPH VACC?-RO, z-sQUIRE Identification. No.: 83366 1525 Locust St:ee_, Ninth Floor Philadelphia, Pe-nsvlvania 19102 (215) 731-1600 1001 8TH AVEDR E ALTOONA, PA 16002-2524 PLAINTIFF v. THOMAS VINCENT HCRES, jr 611 NORTH LINCOLN AVE. ER_IDGEPORT, OH 43912 DEFE.JDADIT & LOGISTICS MANAGEMENT, INC. C/o JOSEPH Di TOMM_,.SO STATUTORY AGENT 32 MAJESTIC WAY MARLTON, NJ 08054 DEFENDANT & ST. PA L FIRE & ,,'.PINE INSURANCE COMPANY ONE JERICHO =LA7] JERICHo, w _1;53-a?21 DE FE. JDANT ATTORNEY FC= PL?I.iTIFF COL3T OF COMMON PLE.-S CUMBERLAND COUNTY PiSYLVALJ NI.a. __ C:_/_L ACTION - LA-.1 jUPY TRIAL DD,fAND'- COMPLAINT zne Law A. esencs a= I 2. Defendant, TaChL?S V: C--NT &OFSS, JR., u_ cr. ir.formaticn and belief, 1s res_ds,t OL t..-.a_ State Of O^40, residing therein at 511 Norte Lincoln Avenue, Bridgeport, Ohio, 43912. 2. De'_endant, Lcgistics Management, ' lRC., COn information and belief, _s a business incor:DOrated _n the State Cf New jerse_J, with a statutory agent: named Jcseoh DiTcmmaso, located at 402 Trenton Terrace, Mt. Laurel, NJ 08054, and ccnductina business t'---oug Cumberland County, Pennsvlvania. 4. Defendant, St. Paul ?ire & marine LRsurance Ccmpanv uocn information and he lief, is a -business incorporated in the State OL New York, located at One Jericho Plata, Jericho, NY, 11753-8921, and is in the business of insuring interests. COUNT I TIMOTHY JON WEAVER v THOMAS VINCENT HCR=S,,.JR. 2. Paragraphs _ thrcuah I are __.,..,_Pcrat=_d :°_rfin reference as if set f,.-tn mcre full;. Cr. apcuc December '-,Qa7 at. :00 in, I t_•.:c t cn the Pennsylvania .-_ . _..a, _.. rife J_c_n_ty c'_ I m___rest .30. 7. :.a "Ir. Weaver was . _na, was - _r%m .._n_nd cv anCt--.v_ t_,:C ..e_ _ -fat ...cma- lni?mmn?R S. On informatic and Ce__-_, Z:.--= true: L_= C __ctLe? by the Defendant, Thomas V_ncent =ores, Jr., was proceeding at a fast rate of szYeed for one truck following another truck. i °. Mr. Weaver attempted to avoid the impact, but the Defendant, Thomas Vincen_ Cres, Jr. never stopped, changed lanes, or slowed down the truck he was Operating so as to avoid rear-ending the Pla ;t!ff ?S truck. 20. The above mentioned accident was caused sele_v as a result of the carelessness, recklessness and negligence - of the Defendant, Thomas Vincent Cores, Jr., and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, Timothy Jon Weaver. 11. The negligence, carelessness and recklessness of the Defendant Thomas Vincent __e=, Jr., consisted cf the to__owinc: a. _'a___nc to _-_p°r'- _perate and cont_„= the motor ve;,icle in a safe manner Sc as to avoid t- e --c-21is'on) L. _n-__.nc to ccerat°_ in Co['^liance_..- ....... .. .. _ and - .. _C'v ng .a__-na t.. ara_. '..c ...Ct__ •/e^__..a __ that 't _ l? d Jam.-.._ lane; f. failing to coerc=e the meter vE.^.:C12 41_ •^• due care, cauticn, and regard for 7.^.2 ?la-.,.tiff's and ot.^.°_rs' safety; g. failing to operate the motor vehicle at a safe speed for the weather and road cC.^.dit_ons which then and there existed; h. and such oz.-.=r ac=s and omissions constituting neclicence as may be=me apparent dur_nc discoverv. 13. Solely as a direct and pro imat=_ result of the Defendant's negligence, carelessness and recklessness, Plaintiff, Timothy JCL Weaver, sustained severe Dersonal injuries including, but not limited to left shoulder strain, lumbar and cervical sprain, and pain and discomfort. 13. Plaintiff has suffered greatly as a result of the Defendant's neciigence; and he d__1 likely _. the _1..1__ sLDa__^. and _^Convo'__enc°_. He has been i»g ...•. W, th2 future be orevented om attending to his usual duties and dCti'%itie5 causing a loss cf =_njovment of fhe lifestyle t., -icn he was acc._atcmed. :Q_e_Y as a __-___ any __sL'_t __ the Defendant's nee:-'ge`Ce, aarel_53ness and rec:•:lessaess, ncurr°d and in the future _......._ 9edi Cal ..___.: ?..•- ..__ _ _. __ i cure o= .._G icme C= '.v*-;C.. acv Je a result Of the foregoing accident, ?Iai 4_..tiff has lost slims O° SOney which he would Ot er;Jise have earned and Obtained; and ..is earning capacity has been damaged and impaired. t1HERE:ORE, ?lair.t_L[, T " mothy ion Weaver, l claims damaczs from Defendant, Thomas ,74ncenz ??ores, Jr., in an amcunt is excess of Twenty-?cve Thousand ($25,000.00) Dollars and t: costs 0= this action. COUNT II TIMOTHY JON WEAVER V. LOGISTICS MANAGEMENT, INC. 16. Paragraphs 1 through 15 are incorporated herein by _e_ence as if set forth more fully at length. 17. On information and belief, Defendant, Thomas Vincent Mores, Jr. was operating his truck during the course of and in the scope of his employment for Defendant, logistics Management, Inc. 18• As suCn, Defendant Logistics Management;_ Inc. , was. benefiting from Defendant Thomas Vencen: -Ores, jr. -s Operation OL the motor vehicle a[ t-- ti.Ti= it CC111ced w_the ?laint___IS motor Vehicle Cn said a_.. data _ and --me .. :.S d result: of the master-servant = nc?i-. ____.n.Can.ts, Thomas Vi-cent uo__s, jr. =n,; 7Cg:St.CS Xanacemen[, _-C. ?.he Dc_e _ _ Xanaaemenr, is ,a acts ...._ Cm_=s_'.i Ca.. _ Thomas Vinc_nc i:cres, Jr., pursuant to t '-e doctrine of respondeat superior. WrRREFORE, Plaintiff, .imothy Jon weaver, claims damages from Defendant, Logistics Management, Inc., in an amount in excess of Twenty-7_4ve Thousand ($25,000.00) Dollar= and the costs of this action. COUNT ITT TIMOTHY JON WEAVER v. St. Paul Fire & Marine Insurance Co. 20. Paragraphs _ throng: 20 are incorporated 'here-- by reference as if set forth more fully at length. 21. On information and belief, Defendant, St. Paul Firee & Marine Insurance Cc., is the insurer of _he Defendant, Logistics, Management, Inc. 22. As a result of this contractual relationship between Defendants, St. Paul Fire & Marine Insurance C-.). , and Lca4stlcs, Manaceme^_t, Inc., De=erdant Pau- ^i'-'e Marine Insurance Co., zs __a*le to the a_a_ Timcth,/ Jon Weaver, for _.o insured's ac-3 or omissions. P1"r.EREFORE, Plaintiff, imcthy Jon weaver, Claims camaaes from De'--.-.cant, St. Paul & Marne =aSU a-C2 Co., an amount in excess of Twe-.ty-Fi%re Thousand (525,000.00) Dollars and the costs of this action.. i'7 OFV_CaS CF F0=Z=- A. KOSSEFFFF, S: ?.SSCC_?TES, P.C. 7 G / Dated: JOSEPH. V' ,'CC-KO, ?SQUIRE ATTORNEY FOR TI-17 O?TNTIFF, Timothy Jon Weaver V E R I F I C A T I 0 _ iCT Y JOY Ac'::1.=R, sCate that T ax the Plaintiff _.. the 'OregoiAC -a--ter, and verify that the statements made t.^.e attached ==-=VT--'IS COMPL?-SIT are Ie and correct to the best of IDV knowledge, iP.LC_:flaCion and belief-:. This Ve_i _i CdCiOn is IDdCe SD]eCC CO t.^.e :e.^.d1.C12- OL 13 Pa.C.S.A. § 4904 `"elat_na t0 un-=wcYn Cal51C1Cation CO authorities. TIMOTHY JON WEAVER DATE: : V E R I F I C A T I O N Z, JOseoh Vaccaro, hereby state that = am t^e ;:aint`_== S attorney in the foreCOi.^.C matter, and Ve____ C:'-it the statements mace in the attaC--A ? e???177 ?-S Cam.:?'L _?rT are true and correct tc the best of my kncwledce, information and belie= This verification is made su'--j -z ::o t'-.= Penalties of 18 ?a.C.S.A. § 4904 relating to 3'd0 Y': falsificaticn to authorities. DATE : ? ? ? ='2 7 Y r ` T • 1" t IJIU (i CJ C? ROSERTA.KOSSEFF THOMAS CARRERO, JR.• DEMETRIOS P. SEMOS JOSEPHVACCARO• LOUIS J. PRESENZA, JR. •A??weM >wwwrmn Fw Bu July 13, 2000 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (215) 731-1600 (800) 7354LAW (800) 735.4529 FAX (215) 735.5121 worH.leihmemom RE: Timothy Jon Weaver v Thomas Vincent I-lores. Jr., et al. Dear Sir/Madam: cG-'775 r BLAIR COUNTY OFFICE 1301 ALLEGHENY STREET HOWDAYSEURG, PENNSYLVANIA 16048 (814(695.1900 FAX(814)696.5081 NEWJERSEYOFRCE 63 WARWICK ROAD STRATFORD. NJ OB084 (856) 309.1358 FAX (856) 309.1359 Enclosed please find an original and one copy of the Petitioner's Petition For Leave to Withdraw as Counsel for the Plaintiff in the above-referenced matter. Kindly file the original of record and return a time-stamped copy to the undersigned in the envelope provided for your convenience. The defendants have not been served with the instant Petition, because they have not been served with the Complaint in this matter. If the court determines that the defendants must be served with the Complaint and this Petition, kindly advise my office, and I will remedy any defects. Lastly, another self-addressed stamped envelope has been enclosed for the Court's Order. If you have any questions, please do not hesitate to contact me. Thank you for your time and attention to this matter. Enclosure LAW OFFICES OF ROBERT A. KOSSEFF & ASSOCIATES, P.C. 1525 LOCUST STREET, 9TH FLOOR PHILADELPHIA, PENNSYLVANIA 19102.4445 cc: Timothy Jon Weaver (via certified mail) ',';,1 i-?r., .)??. ,,...1,-' ?. ...i LIB .\ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff V. THOMAS VINCENT HORES, Jr., Defendant LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW NO. 99-7754 JURY TRIAL DEMANDED ORDER AND NOW, this t? day of , 2000, upon consideration of the vet Petition of Plaintiffs Counsel For Leave To Withdraw, and any res rse thereto, it is hereby ORDERED and DECREED as follows: BY 0.0 0 -Wks TI i i i a l IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant AND NOW, this NO. 99-7754 JURY TRIAL DEMANDED ORDER day of 2000, upon consideration of the verified Petition of Plaintiffs Counsel For Leave To Withdraw, and any response thereto, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Joseph Vaccaro, Esquire, be permitted to withdraw his appearance of record for the defendant in the above matter. BY THE COURT: J. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant AND NOW, this RULE TO SHOW CAUSE day of 2000,upon consideration of the foregoing Petition for Leave to Withdraw Appearance, and any response thereto, the Court grants a rule to show cause why the appearance of Joseph Vaccaro, Esquire, on behalf of Plaintiff, Timothy Jon Weaver, should not be allowed to be withdrawn. Rule returnable on _ , 2000 at a. m. in Courtroom , Cumberland County Courthouse, Pennsylvania. All proceedings to stay meanwhile. BY THE COURT: J. JUL 1$ 200?-kj IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY JON WEAVER, Plaintiff THOMAS VINCENT HORES, Jr., Defendant LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW NO. 99-7754 JURY TRIAL DEMANDED PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR THE PLAINTIFF FILED BY: JOSEPH VACCARO, Esq. Pa. I.D. No.: 83366 THE LAW OFFICES OF ROBERT A. KOSSEFF, & ASSOCIATES, P.C. 1525 LOCUST STREET NINTH FLOOR PHILADELPHIA, PA 19102 TEL: 215-731-1600 FAX: 215-735-5121 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR THE PLAINTIFF The petition of Joseph Vaccaro, Esq., respectfully represents as follows: 1. The Petitioner in this matter is Joseph Vaccaro, an attorney duly admitted to practice law in Pennsylvania and New Jersey. 2. The Plaintiff in this matter is Timothy Jon Weaver, the Petitioner's client. 3. The instant action was commenced by a Complaint, which was filed with the Prothonotary of Cumberland County by the Petitioner on the Plaintiffs behalf on December 30, 1999. 4. On February 24, 2000, after a telephone conversation with the Plaintiff, petitioner received the Plaintiff's verbal authorization to withdraw the complaint filed against the defendants. A copy of the telephone call log sheets are in chronological order, attached hereto as Exhibit A. 5. On February 28, 2000, the Petitioner sent to the Plaintiff, via Certified Mail, Return Receipt Requested, a letter confirming that the Plaintiff gave his consent to the Petitioner to withdraw the instant action from suit, along with a waiver for his signature. A copy of the letter and the waiver are attached hereto as Exhibits B. and C., respectively. 6. On March 21, 2000, Petitioner again spoke with Plaintiff on the telephone; and the Plaintiff again confirmed that he gave the Petitioner permission to withdraw from the case. However, the Plaintiff indicated to the Petitioner that he was looking for another attorney to continue his case. See Exhibit A. 7. Based on the conversation, Petitioner concluded that the Plaintiff changed his mind on the issue of withdrawing this case from suit, but not on the issue of having the Petitioner no longer represent him. 8. Between March 1, 2000, and May 23, 2000, the Petitioner only spoke with the Plaintiff once, as the Plaintiff was and continues to be very difficult to reach by telephone. Petitioner has unsuccessfully attempted to speak with the Plaintiff many times during this interval; Petitioner has left numerous messages for the Plaintiff at the bar the Plaintiff is known to frequent, at the Plaintiff's mother's house, and at the Plaintiff s estranged wife's house. 9. On May 23, 2000, the Petitioner sent, via Certified Mail, Return Receipt Requested, another letter confirming that the Plaintiff has given permission to the Petitioner to withdraw from this matter, along with a letter for Plaintiff to sign, .,c zr".:3 L which states that the Plaintiff no longer wishes the Petitioner or the Petitioner's firm to represent him in this matter. Copies of said letters are attached hereto as Exhibits D and E respectively. 10. On May 29, 2000, the Plaintiff signed the letter informing the Petitioner that he no longer wants the Petitioner or his firm to continue representation; and he mailed it to the Petitioner. 11. Since that date, petitioner has heard nothing from the Plaintiff; and after numerous attempts, he has been unable to locate his whereabouts. Furthermore, the Plaintiff has not returned any of the Petitioner's telephone messages. 12. To date, none of the Defendants have been served with the Complaint; as the Plaintiff has given his oral consent to the Petitioner to withdraw this case from suit; as the Plaintiff has given the Petitioner written notification that he no longer wants the Petitioner or the Petitioner's firm to represent him; and the Petitioner has relied on the Plaintiffs representations. 13. On June 8, 2000, the Petitioner reinstated the Complaint, by Praecipe; as the petitioner concluded that the Plaintiff may want to pursue this matter pro se. 14. On June 9, 2000, Petitioner sent to the Plaintiff, via Certified Mail, Return Receipt Requested, a letter informing the Plaintiff that the Court needs a formal Withdrawal of Appearance / Entry of Appearance signed by both the Petitioner and the Plaintiff, along with the Withdrawal of Appearance / Entry of Appearance form, signed by the Petitioner, and with a space for the Plaintiffs signature. A copy of the letter, along with the Withdrawal of Appearance / Entry of Appearance form, signed by the Petitioner, are attached hereto as Exhibits F. and G., respectively. 15. To date, Petitioner has not received the Plaintiff's signed Entry of Appearance Pro-Se. j 16. Further, the Petitioner has attempted to speak with the Petitioner by telephone numerous times, but the Petitioner's messages and telephone calls have not been returned by the Plaintiff. 17. The fee agreement between Petitioner and Plaintiff only requires payment by the Plaintiff to the Petitioner in the event that there is monetary recovery for the Plaintiff. A copy of the fee agreement is attached hereto as Exhibit H. 18. Petitioner's further prosecution of this matter on behalf of the Plaintiff against the defendants, and the Petitioner's continued representation of the Plaintiff have been rendered unreasonably difficult by virtue of the Plaintiffs prolonged absence; and good cause exists therefore under Rule 1.16 of the Pennsylvania Rules of Professional Conduct for petitioner's withdrawal of appearance in the case. 19. Petitioner's continued representation of the Plaintiff, and prosecution of Plaintiff s claim against the defendants would force the Petitioner to expend sums of money without any reasonable expectation of compensation; and the Petitioner's efforts to prosecute this claim to a successful conclusion will be severely hampered due to the Plaintiffs long periods of absence and the impossibility of reaching the Plaintiff. n' -! 4": M 20. Such prospects will further result in an unreasonable financial and other burden on Petitioner, and good cause exists therefore under Rules 1.16(a)(3), 1.16(b)(5), and (6) of the Pennsylvania Rules of Professional Conduct for petitioner's withdrawal. WHEREFORE, petitioner respectfully requests that this Honorable Court grant Petitioner leave to withdraw his appearance for the Plaintiff in this action, and for any other relief as this Honorable Court deems just and proper under the circumstances. For the Court's convenience, three proposed alternative Orders are attached hereto. Y SUBMITTED, Dated: 110 and Atty?y for Plaintiff nwi ? VERIFICATION I, JOSEPH VACCARO, hereby state that I am the Petitioner and the Plaintiffs attorney in the foregoing matter; and I verify that the statements made in the attached Petition for Leave to Withdraw as Counsel for the Plaintiff are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. DATED: ?J IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the attached Petition for Leave to Withdraw as Counsel for the Plaintiff was served on 13 -20-0z' to the below party by Certified Mail, Return Receipt Requested: TIMOTHY JON WEAVER 1001 8TH AVENUE ALTOONA, PA 16002-2524 BY: v a/ _ JOSU VACCARC Att m for Plaintiff Ti atfiv Jon Weaver Exhibit "A" TELEPHONE CALL LOG SHEET CLIENT & FILE No: DATE & TIME OF CONVERSATION: L) ?5c),Nl ?d 2 I RECEIVED UBSTANCE OF CONVERSATION: S lu / r, FOLLOW-UP ACTION TO BE TAKEN: l,?,Ql.(??n/? _S Q,?,J?6t_.JZ?y lt7 (?.?s-i.? Jl-?_ C?ov,?? . U-u?\. LENGTH OF CALL: TELEPHONE CALL LOG SHEET CLIENT: FILE No: C19???- ( :m Wea var DATE &'I'IME OF CONVERSA'T'ION: 0 I RECEIVED t MADE TI TL• CALLL/ No. I CALLED: Sly 9`1 1 11z 1 SUBSTANCE OF CONVERSATION: a ?) ??cu•?r,,.J ft.t fL of-fie c?wrt ??e ?er+?tn? ?? fv 1? ww t? ? e 1 FOLLOW-UP ACTION TO BETAKEN: LEND FII OF CALL: m' n?_ Exhibit "d" ROBERTA KOSSEFF IIWMAS CAfmERO, Jn11 011METRIOS I'. SEMOS JOSEPRVACCAIIO' LOUIS J. PRESET I7A, Al. .h,Ham,aJ 0m ./,q HU11IDrHM.nN LAW OFFICES OF Rorima A. H013SM & ASSOCIATES, PC. 1525 LOCUST STREET, 9111 FLOOR PIIILADELPIIIA, PEIRISYLVAIIIA 19102.4445 (215)731.1600 (BM) 735-41AW (600) 735-4529 FAR (215) 735.SIM nvmlelalawyor.wm „p- February 2R, 2000 Timothy don Weaver 3 Lim Rte hr•j 'ihm print Clearly) I Date of Delivery 7 --7 A. Received by (Please _ 1 'I ¦ J,m ¦ ms 1, 2, and 3. Also cu,uN,?.- 4 if Restricted DeIIVery Is desired. ¦ ot your name and address on the reverse that we can return the card to you. Of the mailpiece a Attach this crdf sto the back pace permits. or on front the , L, pAkle Address?d?t??N?? ??V v, t S boa 041460A , '?,53 C. Agent III Ain coolITY OFFICE t301 At I LOT IEIIY STREET I IOt I InArSoUIl0, PEIRISYLVAJ IIA 10018 (811) 6954900 FAX (8141696 5061 I IEt') IF.IISEY OFFICE v YI,V IWICK ROAD SI n.Al 101111, n100084 (Fo'1) 3091356 FLR (609) 3094359 D. Is delivery address different Irom item 11 Na 11 YES, enter delivery address below: versation 3. Service Type iewing the 10todilied Mail ? Express Mali Receipt for merchandise 3s In oil 1. ?Registered [3 Return C.O.D. :)pinion that ?Insured Mail 0Yes Sue a C.l.a]_111 OL" 4. Restricted Oallvary7 (Extra Fee) 3sfoll. COnci.llsi.011 2, ArOdeNumber(CopyfromsarvicoWOW WITHDRAW MOO 102595.99 M-1789 S a2 ter we .1r.e pomoslic Rnurtn Receipt Z PS Form 3811, July 1999 to terminate 0111 repre?eut_at:ion of you with respect- to this particular InaC once illy office dismisses the suit against the defenda n ts, y( 111 nla4m or basis for recovery agai.nst them :he accident which tools P.l ace on r9 a N r1J Ln M D- m N H a? ?J •s t: ° r Ol rn- Ue: wa 2 0001 01 u = w Q n ) i 0.U 1 d 0 cr. zL N N I 8 '- a N Y v IL o ? n ? u If w LL t ? . b u u v b 0 rs u e R _ ? E ->4 Eb @J, F o ? w a a ti ¢ ¢:r @8 t of limitations has expired for your mind, and decide to re- d be barred, meaning that it FOREVER TSME-BARRED. LAW orFICES OF ROSLIrl' A. KOSSErr & ASSOCIA'ITS, co. 1525 LOCUST STREET, 91111`10011 PIIILADELPIPA, PENNSYLVANIA 10102 4415 NODEDF A. KOSSEFF TI IOMAS CANNEFIO, Jn •' DEME7010511. SEMOS JOSEPI I VACCARO• LOUIS J. PDESEI IZA, A. • Hp .11,0111 am •,IItllIY1nP 611.N ON (2151751.1600 (600) 755dIAW (6001135 452 9 FAX 1215( 735 5121 w lel/hwyu can . *gwo... I February 28, 2000 'riltioLlly IJoti Weaver 1001. B" Avetltle agdSS,Tr A.LLOOna, PA 16602-7.!i7.4 B pe ez? No °S F 5 RE: Weaver vu. Iloruu, tit, al., G10 r CCP Cumberland CounL•y, 99-7759 Statute of Limit'tL•ionul fit, Dacumbor, 1999 J Via: Certified Mail., RaLtirn RocuipL Requested, & f First Class Mail., poiitngu Propnid III AIR COIIIIIY OFFICE 15n I AI I Lill IEIIY STREET Ilot I IDAYSOUIIO. PE1I115YLVAJIIA 16616 (611)605- 1900 rAX (61 11 696 5061 I Irm ARMY OFFICE 67 WAIMICK ROAD s I OAII'UIIU, N108084 (6119) 509 1955 FAX 1000) 5091559 Dear Mr. Weaver: f? 1'hi.s is it Col low-up Co I1u11: woul0it taloplione conversation regarding your Eini.t. Au wu dlnutiuuud, after reviewing the inforloat.i.on provi.dud by you all wu I I till the records in our possession and hauud on stir rnnuarch, It is our opinion ghat there is an inutiEfli:Itint. hnulu upon which to pursue a claim or lawsuit: in the abov,J cnptlottud mntl:ur l:o a successful conc.l.tisi.on. f'heref:olr, w1; frJUl Lhnl. 11; In tltico11till ry for its to WITIIDRAW FROM 'I'lIL•' FL1111'illil( IIAND1,11P) OR y(III( I ILIS rind by this letter we are conf i roli nq Hult. wti h,lvu yrTnr 110111111.111101i Lo terminate our repl:esenl.al.Ioil of you w11.11 lunpoct Lo this particular toa(.LCr. Once illy olfloo diuNllsu(Ill Lhu atilt agalnnt the defendants, ylnl vi.ll probably hnvo no ulaim or bania for recovery agai.nsl: them Las 1,061ag0, cw111ild man for yollr hijur?.un rIIII1111.I11q from the accident which tool, place on 'O"'1 Uecewher 31, 199'1. °'u1 •'J ""t, lu Ilw U1.1 61 II pluanu bu IIIIVIIIed I:hnL lalu 9tatuLe of limitations has expired for it 1:11 i n acu I d,Jnr.. Shou I d you change your mind, and decide to re- IlW5.X11WJ, bioo.Jllll lljsjljll:e 1:11111 Illll t, yC,lll- claim wotil.d be barred, meaning that: it ccipl. u,J mya 1ho a,k 111,3111.1 auu cannot: lie. ru-inuln Lud and will. be FOREVER TIME-BARRED. -1 JI'd r lo.n10111 W a„i, L, L, ulna :L OI p15l1J. EIFL,IaJ 1101111 nPl W W yp dUI11Jp6Y11 JpWI ,PIT oI IL0 00¢b 1`16,10 p11yCl'i U(1 TIN 111111 Jr Llu,.l. iu iWm 1 01 Fula'. ' Iu.S:G Ut? / 9'i.mothy doll weaver rebruary 70, 2000 Page Two Please note there are two identical copies of with this letter. READ THE WAIVER CAREFULLY. it, please sign and date one copy of it, and office in the enclosed stamped self-addressed WHEN I RECEIVE THE SIGNED WAIVER, will. I file document's to dismiss your claim.. C. a waiver enclosed once you have read return it to my envelope. ONLY the appropriate You are free to consult with any other attorney of your selection in order to obtain a second opinion. we will be happy to cooperate with you and any other attorney who may be interested in reviewing this matter. Exhibit "c" LAW OFFICES OF ROBER'T' A. KOSSEFF and ASSOCIATES, P.C. BY: JOSFVI I VACCARO, ESQUIRE Idenlilication No.: 83366 1525 Locust Street, Ninth Floor Philadelphia, Pennsylvania 19102 (215) 731-16,00 TIMOTHY JON WEAVER COURT OP COMMON PLEAS 1001 8TH AVENUE CUMBERLAND COUN'T'Y ALTOONA, PA 16002-2524 PENNSYLVANIA PLAIN'T'IFF CIVIL AC'T'ION - LAW '11 IOMAS VINCEN'T' MORES, Jr. NO. 99-7754 611 NORTI I LINCOLN AVE. IIRIDOEPOR'I', Oil 43912 DEFENDANT JURY TRIAL DEMANDED & 1,001S•IICS MANAGEMENT, INC. c/o.IOSEPII Di*FOMMASO STATUTORY AGENT 32 KJA.1FSTIC WAY MART; fON, NJ 08054 WAIVER On or about December 30, 1999, lily attorney, Joseph Vaccaro, and the Law Offices of Robert A. Kosseff& Associates, P.C., caused to be filed a complaint against the above-named Defendanls. 2. On February 24, 2000, 1 discussed with my attorney, Joseph Vaccam. my decision to allow lily aUorney not to proceed with the prosecution ol'this case. in light of the extreme unlikelihood of any m ntclary recovery in my Ihvor. 13y this waiver, 1 have been advised by illy counsel that once the suit against the Defendants is dismissed, I will probably have no claim or basis l'or rcawery against the Delcndanls for my injuries resulting from the accident %vbich took place on December 31, 1997. 4. Ily jibs waiver, I have also been advised that the statute of Limitations ins expired for this accident. i, Ily this waiver, I have also been advised That should I change my mind, and decide to re-instate this suit, Illy claim would be barred, meaning that it proba bley cannot be re-instated. 6. 1 have been advised that Nir. Vaccaro, lily attorney, will not dismiss the present claim against the above-named Defendants, until I date and sign a copy of this Waiver, and he receives ri copy of slid waiver. WI ILRGFOItL, understanding the advice and instructions ormy counsel, l- expressly authorize, direct, rind instruct nty'atlorocy, 1osePl1 Vaccaro, fist'. and the I.aw <1flices of Roberl A. Kosseff, & Associates, P.C. to take the appropriate steps to dismiss my suit against the above-named Defendants. \\1I 113RIiFORG, understanding the advice and instructions of my counsel, I expressly and voluntarily hold FOREVER HARMLESS my counsel, Joseph Vaccam. Esq., and the Law Offices of Robert A. Kosseff, and Associates, P.C., for any consequcuces resulting from said dismissal. DIVI 1:1 ): 13Y: 'rimur y.10N WHAVER 1001 8"u Avenue Altoona, PA 16002-2524 Exhibit "D" ROBERTA KOSSEFF THOMAS CARRERO. JR •+ DEMETRIOS P. SEMOS JOSEPHVACCARO- LOUIS J. PRESENZA. JR • wm?:..nm 11184 +wa W?nrp R,. 9r Nlay 33. 2000 LAW OFFICES OF RollER+r A. Kossta••r & AssoclATES, P.C. 1525 LOCUST STREET, 9TH FLOOR PHILADELPHIA. PENNSYLVANIA 19102.4445 (215( 731.1600 (800) 735 4LAW 1800) 7354529 FAX (215) 735 5121 mr« IelataN/er corn 'aN Mr. Timothy Jon Weaver 1001 8B' Avenue Altoona. PA 16002-2524 Re: Weaver v. I lures, et. al., CCP Cumberland County, 99-7754 Via: Certified Mail, Return Receipt Requested, Article No. Z 396 352 207, & First Class Mall, postage prepaid Dear folr. Weaver: This is a liillow-up to my recent unsuccessfid attempt a' your case. As you may remember, on or about Pebrul ` permission to withdraw your claim from suit. On February 28. 2000.1 mailed you a letter with a wa withdraw your claim 11.0111 the Courts. You received tl then, l have spoken with you only once: and you told attorney 10 represent you in this natter; although you work on vour file. a R 'I'll this date. huwe:cr. 111::; ;.. n withdraw your claim Cron suit. Pursuant to the ag eei 3 have not taken any other action on this matter. and I v. R file. o e 11.411\' IIIIClI11K111\\\Yf:Bcr12JAlil)RII dJe N BLAIR COUNTY OFFICE 1301 ALLEGHENY STREET HOLLIDAYSBURG. PENNSYLVANIA 16618 (814)695.1100 FAX IS 141696 5061 NEVIJERSEYOFFICE 63 WARWICK ROAD STRATFORD, NJ 08084 (856)309.1358 FAX (856) 3091359 ?y- . . . ], D x ° m ° ?q ?S,d3„`G 49 nSF 9m . a""=in _.a0 on nin vo2C0 a"5a=g ?o zu `l? "'a= ng 9. 30m N'g w a x r n? 0 T ° N R In M ? m s A ? OL _G q p n 7e 0 110 el b m ° d R e s N Er • v 1g'? . e H m C1 LAW OFFICES OF ROBERTA. KOSSLFF & ASSOCIA` ES, P.C 1525 LOCUST STREET, 9TH FLOOR ROBERTA. KOSSEFF PHILADELPHIA, PENNSYLVANIA 19102-4445 BLAIR COUNTY OFFICE THOMAS CARREHO, in 12151 731-16M 1701 ALLEGHENY STIIEET HOLLIDAYSBURG. PENNSYLVANIA 16648 DEMETRIOS P. SEMOS (8001735 4AW (814) 695.1900 JOSEPH VACCARO• (800) 7354529 FAX (814)6965061 LOUIS J. PRESENZA, JR. FAX (215) 735 5121 • kw.n.,nonl a.n wNw.lelalawyeccoln NEW JERSEY OFFICE N'O Q-n1° A. e'" ''ii • 63 WARWICK ROAD STRATFORD. Ni 08084 (85613091358 FAX (656) 3091359 May 23, 2000 Mr. Timothy Jon Weaver 1001 31B Avenue Altoona, PA 16002-2524 Re: Weaver v. I lores, et. al., CCP Cumberland County, 99-7754 Via: Certified Mail, Return Receipt Requested, Article No. Z 396 352 207, & First Class Mail, Postage Prepaid Dear Mr. Weaver: This is a f0IIoty-up to illy recent unsuccesstill attempts to contact you, in order to discuss your case. As you may remember, on or about February 28, 2000, you verbally gave me permission to withdraw your claim front Suit. On February 23. 2000. 1 mailed you it letter wish a waiver for you to sign. to allow me to Withdraw your claim fitnn the courts. You received Ihal h ter on \•larcIt I, 3000, Since .a (]tell. I have spoken With YOU only once: and you told me Ihat YOU are seeking another attorney Io represent YOU in this matter, although you do not want me lo do any other a" Work on your file. To this (late. however. I h::rc not :cc.:•: sr-nod by you to allow me to withdraw your claim from suit. Pursuant to the agreement We reached in Iebruary, I h:nv not Iaken any other a Iron on this matter: and I would like to clearnt a: ,¢r,.•' ,a''e lilt. y ol7ice ol'Ihis a• ,.3• \- .•g i1° e A .1- \a 1""v JecunnnblR'.+icrl2JAl:q'(ll) aoc :4ocy``p2 o?rl?Y.l ?° 0.60 y.Y t p ,.: aJ ; V ,l .11 S y6 ?P ?,m Ba:j' ter' cJ, s, ,, 7t 1lr? May 23, 2000 "Timothy J. Weaver Page TWO If you would like to pursue your claim on your own. You m;ty, do so, merely by signing mailing me in the enclosed stamped self-addressed envelope, the enclosed letter, and Laid in states t hat you no longer want to be represented by The Law Offices or Robert A. I:ossefl', 3. Associates, P.C. draw as your auomev, anti yet you will be able to , I will be able to with With that letter, continue your suit as you see tit. 1 r I do not hear from you un or before July 3, 2000, l will have no choice but to arrange to close this file on my own. You may reach me at our toll-free number, 800-735-4529, extension 3011. Thank you for your time ,aid attention to this important matter. Very Trul • Y "urs, Joseph a Caro JVljv Enclosure 11 \wy Jocumcnb?\Vcasctl2J \la}1111 Jac T ?--? Nlr.'I'imoth?' Jon Weaver 1001 8" Avenue Altoona, PA 16002-2524 Mr. Joseph Vaccaro, Esq. The Law Offices of Robert A. Kosscli', R Associates, P.C. 1525 Locust Street Ninth Floor Philadelphia, PA 19102 Re: Weaver v. Hores, et. al., CCP Cumberland County, 99-7754 Via: First Class Nlaii, Postage Prepaid Dear Nlr. Vaccaro: Please be advised that I no longer wish you or you Thank you for your time and attention to this matt Very Truly Yours, Timothy Jon Weaver Date: u:w'y d0cmncnnW,a,,A23NWy00dec - Exhibit "E" Mr. Timothy Jon Weaver 1001 art, Avenue Altoona. PA 16002-2534 Mr. Joseph Vaccaro, Esq. The Law Offices of Robert A. Kosseff: R Associates, P.C. 1525 Locust Street Ninth Floor Philadelphia. P,,1 19102 Re: Weaver v. Hores, et. al.. CCP Cumberland County. 99-7754 Via: First Class Mail, Postage Prepaid Dear Mr. Vaccaro: Please be advised that I no longer wish you or your firm to represent me in this matter. Thank: you for your time and attention to this matter. Very Truly Yours, imo n Weaver it^m)' Jucunums?\1'c:rvcr123?Ia?IllLdac Date: .Z .'_000 t Exhibit "F"' I' F ROBE R rA. Kossr i F & Asso(21A'1'ES. P.C. 1525 LOCUST STREET. 9711 FLOOR ROBERTA KOSSEFF PHILADELPHIA, PEN11SWIANIA 19102-4445 THOMAS CARRERO, in., DEMETRIOS P. SEMOS JOSEPHVACCARO• LOUIS J. PRESENZA. JR ' 4w'u+rncl110w ' Aw.n.nufi,xr,.flu -little T), 2000 NIT. Tinu3lhy Jon Weaver 1001 8i1' Avenue Altoona, PA 16602-252.1 (215) 731.1600 (500) 7354; (800) 7354. FAX (215) 735 xvw.felalaxye? RE: Weaver vs. Flores, w. al., CCP Cumberland County, ))_7754 Via: Certified Mail, Return Receipt Reque First Class Nlail, Postage Prepaid Dear Mr. Weaver: This is a litllow-up to the May 29, 2000 letter, whereby lily of lee to represent you in this matter. ? N N m c n ro :Mier speaking with the Prothonotary of Cumberland Cou have my Oflice and 'lie withdraw front this muter is to lib called it Withdrawal of :lppcar:ulcc:ulLi Entry ul :lppearu thm you will be acting as your own attorney. Therelure- I have prepared, signed, and enclosed Withdrawal I Me ill thappearance. Pro Se a . Kindly date alit! sign the document in the a the enclosca I lowever- because so much tittle has passed since I initially filed needed to re-insane the Complaint by filing it Ic al document vi Praecipe to Reinstate the C'amplaint. m m 0 0 m f0 0 IL 0 13LAIR COUNTY US Postal Servico Receipt for Certified Mail No InsuLOmo Comaao Provided. On not um for Inlomatinnal !.fail h5ion r.n•.?r.a1 Sent to ' Sheet A Ilumbor --- ---- Post Olfrca. State, 8 21P Calo Postago Cenemo Fee Spodal Dehmry Feu $ RntdclcJ Delivery Fee Return Receipt Showing to V010n18 Bald MWeldd Rew R&* Stoery to Yams. Dale. & A" lads A"c" -- TOTAL Poelago It Fees I s PosJrn lk or Dale t I TI 7 (i v I 1 n i I IAv1 OFFICES OF Rom-,,,R'PA. Kossi i' F & AssoclATES. P.C. 1525 LOCUST STREET, Bill FLOOR ROBERTA KOSSEFF PHILANEIPIIIA, PENNSYIVANIA 19102-4445 O JR •= (215) 731-IG,0 S P SEM. . DEMETRIO P SEM1IOS (800)7354LW JOSEPH O• OS (800) 7354529 1GU15 J PRESENRESEN2A. JR. FAX (21:) 7-455121 IYWYI I2lufahyEf [0111 • 4;0.1.0 w 6., ' in wum F.nu O•n .. June 9, 2000 Mr. Timothy Jon Weaver 1001 881 Avenue Altoona, PA 16603-3524 RE: Weaver vs. Ilores, et. al., CCP Cumberland County, 99-7754 Via: Certified Mail, Return Receipt Requested, & First Class Mail, Postage Prepaid Dear Mr. Weaver: BLAIR COUNTY OR 1701 ALLEGHENY SI HOLLIDAYSBURG, PENNSYI- (614)695.1900 FAX (614)69650( c NEW JERSEY OFF G 63 WARWICK RO) d STRATFORD. NJ 06E (656)7094356;€ FAX (856) 300-13:1' This is a follow-up to the May 29, 2000 letter, whereby you stated that you did not want me or Illy office to represent you in this matter. :Vier speaking with the Prothonotary of Cumberland County, I was informed that the best way tc h have my office and ale withdraw front this natter is to file with the Court a legal document called a Withdrawal of Appearance and Entry of Appearance. Pro Se. Appearing Pro Se means " -- ----_? that you will be acting as your own attorney. ?s Therefore, I have prepared, signed, and enclosed a Withdrawal oCAppearance and Entry of Appearance. Pro Se. Kindly date and sign the document in the appropriate place. and renrn it tomk „; J , , me in tile encloscd slanijsl -:1" However, because so mach time has passed since I initial]' filed the Complaint in this matter, I x ! -. needed to re-instate the Complaint by filing a legal document with the Court. which is called a 4 €.' Praccipe to Reinstate the Complaint. t = E = „ g r ;'N vuuOj ' q .' g n f- n n. z"1 2 6' a iu t sir Timothy Jon Weaver June 9, 2000 Paue Two J ()lice I receive a time-stamped copy ofthe Proecipe for the file. I will serve the Deli:ndants via Certified Mail. Postage PrepaiLl, and file the Withdrawal of Appearance and Entry of Appearance with the Court. Once I receive a time-stamped copy al the Withdrawal ol'AloTcarance and Entry of Appearance front the Court. I will forward c copy of the lilt directly to you. Thereafter you will receive all Inure correspondences Iiom the Court and from the Delendants. If you have any questions, please call nte. 'T'hank you liar your time and attemion to this matter. Very 'T'ruly Yours Joe V?accaro Eng6sures L Exhibit "G" TIMOTIIYJON WEAVER 1001 8TH AVENUE AL POONA, PA 16003-2534 PLAINTIPr TI IOMAS VINCENT 1IORES, Jr. 611 NORTH LINCOLN A VE. BRIDGEPORT, 01-14-3912 DEPENDANT LOGISTICS MANAGEMENT, INC. c/o JOSEPH Di I'OMMASO STATUTORY AGENT 32 MAJESTIC WAY MARLTON, NJ 08054 COURT OP COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7754 JURY TRIAL. DEMANDED WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Joseph Vaccaro, Esquire as counsel with regard to the above-referenced matter. Q JOSEPW.VACCARO, ESQUIRE Attorney I. D. No.: 83366 ENTRY OF APPEARANCE PRO-SE Kindly enter the appearance of Timothy Jon Weaver, pro se with regard to the above-referenced matter. My address is: 1001 8TH AVENUE AL fOONA, PA 16002-2524 My telephone number is : (814) 941-2321. Dated: , 3000 TIMOTHY JON WEAVER ..1,uaa.t fr i? Exhibit "H" ROBERT A. KOSSEFF & ASSOCIATES 1525 Locus L•' Street 9th Floor Philadelphia, Pennsylvania 19102 (215) 731-1600 (215) 735-53.21 (FAX) POWER OF AT'T'ORNEY AND CON'T'INGENT PEE AGREEMMIT ' I' (we), hereby constitute and appoint the .law firm of* ROBERT A. KOSSEFF & ASSOCIATES, as my (our) attorneys to prosecute a claim for 1Z. S N /? I ?_L ,/v i 2 f J against ( The claimant(s) (deceased) is. (are),.???1?? .And t)ie cause of action arose ori- 1 a ? . 9.7 I•(we) hereby agree that the compensation of my (our) attorney§. for services .shall be:• percent.of the., recovery plus reimbursement of proper costs.. I (we), hereby acknowledge receipt of a duplicate copy of this Power of Attorney and. Contingeit Fee Agreement. - DATE: NAME (SEAL) -(SEAL) ADDRESS YYLIYY6? ? -, 1. f-• ' ? C, ? ? _ : . .. ?-. ?.i i. _ _-_ ?. 7 L - , 1 _, ? ? ?J IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff V. THOMAS VINCENT HORES, Jr., Defendant LOGISTICS MANAGEMENT, INC., C/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant To the Prothonotary: CIVIL ACTION - LAW NO. 99-7754 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance for Plaintiff, Timothy Jon Weaver in the above case, pursuant to the Order of the Court of July 18, 2000, attached hereto as Exhibit A. DATED:,?/ BYL/ iL JOSE H V CCARO. torney for Plaintiff, Timothy Jon Weaver r rf30 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER, Plaintiff CIVIL ACTION - LAW V. THOMAS VINCENT HORES, Jr., Defendant NO. 99-7754 JURY TRIAL DEMANDED LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMMASO, Statutory Agent, Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the attached Petition for Leave to Withdraw as Counsel for the Plaintiff was served on July 24, 2000 to the below party by Certified Mail, Return Receipt Requested: TIMOTHY JON WEAVER 1001 8TH AVENUE ALTOONA, PA 16002-2524 BY: I '\/ (/ (JOSEPH UACCARO, Att rney for Plaintiff, Tim6thYrJon Weaver Exhibit "A" IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY JON WEAVER. Plaintiff V. THOMAS VINCENT HORES. Jr Defendant & LOGISTICS MANAGEMENT, INC., c/o JOSEPH DiTOMNIASO, Statutory Agent, Defendant & ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant CIVIL ACTION - LAW NO. 99-7754 .JURY TRIAL DEMANDED ORDER AND NOW, this l?+A\ day of , X000, upon consideration of the verified Petition of Plaintiffs Counsel For Leave To Withdraw, and any rrisese thereto, it is hereby ORDERED and DECREED as follows: BY TRUE ?nrv ` !1.y1 nu•-^R'D In T- irn,?:;y into a hand and tha s.a! of said Court -t Ca lisle, Pa. Thi ... ... ay of..lll;?.• D. Prothonota 1. J. ^. ? ' C? i '.i :;? c. _- . ? i • i -. ._.. iJ