Loading...
HomeMy WebLinkAbout03-5957 RICKY D. HOWELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-:rC/S7 v. PETRO, INe. : JURY TRIAL DEMANDED And PETRO STOPPING CENTERS, L.P.: Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons on the above named Defendants at the following addresses: Petro, Inc. 1201 Harrisburg Pike Carlisle, P A 17013 Petro Stopping Centers, L.P. 1201 Harrisburg Pike Carlisle, PA 17013 Res ctfully Submitted T 0 LAW OFFI 1/ !3)~3 Date Ron Turo, Esq. 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for the Plaintiff ~ ~ (\ J ...... -t: -t: ~ {.. c ... 0 -< , ..ll (...' . \ ~ (') ,-. -n,;: ~~ii.;' (:~ 1--' . ~_.- , ~/' , ,'c--,'-. ..I> '. - (J; '-..',.:' '9 RICKY D. HOWELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. =7- ,cf57 v. PETRO, INC. : JURY TRIAL DEMANDED And PETRO STOPPING CENTERS, L.P.: Defendants. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: Petro, Inc. 1201 Harrisburg Pike Carlisle, PA 17013 And Petro Stopping Centers, L.P. 1201 Harrisburg Pike Carlisle, P A 17013 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~ {(./: Prothonotary ~ 11-1..3- 0$ Date ~1, I.~ ~,-7/--'-~ rruty SHERIFF'S RETURN - REGULAR CASE NO: 2003-05957 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOWELL RICKY D VS PETRO INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PETRO INC the DEFENDANT , at 0939:00 HOURS, on the 18th day of November, 2003 at 1201 HARRISBURG PIKE CARLISLE, PA 17013 by handing to TINA COYLE, STORE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 "~~~/<~ R. Thomas Kline ' 11/19/2003 RON TURO Sworn and Subscribed to before By: ~f~!f me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-05957 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOWELL RICKY D VS PETRO INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PETRO STOPPING CENTERS LP the DEFENDANT , at 0939:00 HOURS, on the 18th day of November, 2003 at 1201 HARRISBURG PIKE CARLISLE, PA 17013 by handing to TINA COYLE, STORE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .rg~~<~ R. Thomas Kline 11/19/2003 RON TURO Sworn and Subscribed to before By: ~~j:d;-J me this day of A.D. Prothonotary Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICKY D. HOWELL, v. PETRO, INC. and PETRO STOPPING CENTERS, L.P., NO. 03-5957 Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne & Rettig, P.C., on behalf of Defendants, Petro, Inc. and Petro Stopping Centers, L.P., in regard to the above-captioned action. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. effrey B. Rettig, Supreme Ct. J.D. # 616 126-128 Walnut Street Harrisburg, P A 1710 1 (717) 232-3046 Dated: /p-/ J~/O} Attorneys for Defendants , CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) H AN, OSBORNE & RETTIG, P.C. effrey B. Rettig, Es e Supreme Ct. J.D. #1 16 126-128 Walnut Street Harrisburg, P A 1710 I (717) 232-3046 Date: / J./ / ~( ()7 Attorneys for Defendants '~~~ t'''.'' ...::.:;. c) -r1 .-j :r: --'1 rl1l~.~' '-1'1 ::~) , ~) '-'J p <, ("; c: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICKY D. HOWELL, v. NO. 03-5957 PETRO, INC. and PETRO STOPPING CENTERS, L.P., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY Please enter a Rule upon Plaintiff, Ricky D. Howell, to me a Complaint within twenty (20) days or suffer non pros seq ~. H Dated: {din 103 Attorneys for Defendants CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) Date: /2//7/03 ( { HARTMA~, OSBORNE By L]/~ -Wey B. Rettig, Esq . $/preme Ct. J.D. #19616 126-128 Walnut Street Hanrisburg,PA 17101 (717) 232-3046 Attorneys for Defendants q <;. ~~:,~~ -r-;l,"i.:: r~_,' [ i'; ~;,:': (I,! 0" r:;c.' -:::.: ':<~ ~'-' 'P~il -( ....., = C;:;.l ...., o r.. " C0 -"r) ~.. [:? f'.' \.!..) -', C> -n .-. M~ ::D r:;:, -qb :.J I :::1 s~ ~Zj s;:~\'n j) RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO, INC. and PETRO STOPPING CENTERS, L.P., NO. 03-5957 Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Ricky D. Howell, Plaintiff c/o Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (Counsel for Plaintiff) A Rule is hereby issued upon Plaintiff, Ricky D. Howell, to file a Complaint within twenty (20) days after service hereof or suffer non Dros sea ~. Dated:'J"'kc 1 P, .JtYJJ.. ~ ~;J2~ Prothonotary o c ",. '"T}:"f-'i n,":C;: ~.,....~ ' {5; ~-: ~,. ~ ~:.S~ ~::j -< "'" co, "'"" ...., CJ ", ('"") o -n -< T fi''i :Il r- -orn :00 (} j ..::,C} 2~ :...-...ITI 23 ___.J -: C:J r--~) 1"'.' \.0 Ricky D. Howell, ) Plaintiff, ) ) v. ) ) Petro, Inc, ) and ) Petro Stopping Centers, L.P., ) Defendants, ) ) IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5957 CIVIL ACTION- LAW 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 of 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Ricky D. Howell, ) Plaintiff, ) ) v. ) ) Petro, lnc, ) a~ ) Petro Stopping Centers, L.P., ) Defendants, ) ) IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5957 CIVIL ACTION- LAW JURY TRIAL DEMANDED COMPLAINT (1) The plaintiff, Ricky D. Howell is an adult individual currently residing at 253 Canal Trace, Rustburg, Virginia, and at all times pertinent to this action a resident of the Commonwealth of Virginia; and (2) The Defendants, Petro Inc. and Petro Stopping Centers, L.P., hereinafter "defendants", are foreign business corporations, registered to do business in Pennsylvania, and is the owner and operator of the store located at 1201 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. (3) On or about November 14, 2001, the defendants, jointly and severely, were operating a stopping center, providing diesel fuel for tractor-trailers. (4) On or about November 14, 2001, the plaintiff, an invitee of said premises and the driver of a tractor-trailer had stopped to fill his fuel tank with diesel fuel. (5) Unknown to the Plaintiff, there was diesel fuel on the pavement of the Petro Stopping Center at the pump where the Plaintiff had pulled up to. (6) The Plaintiff was walking around the driver's side of the truck when he slipped and fell and, as a result, suffered severe and violent injuries. (7) As the owner and operator of said store at 1201 Harrisburg Pike, Carlisle, Pennsylvania, a place of business to which the general public is invited, the defendants, jointly and severely, had a duty to conduct business in such a fashion as to not endanger its invitees. Said duty includes a duty to train its employees and agents in the proper maintenance of said premises; to maintain the premises in a reasonable safe condition; to make reasonable inspections to determine whether any unsafe condition or latent defect existed, and to warn the public of any such unsafe condition or latent defect known to it. its agents and employees. (8) Defendant knew, or should have known, of the diesel fuel spill at Petro Stopping Center. (9) Notwithstanding said duties, the defendants, jointly and severely, negligently allowed an unsafe condition to exist in the area that is accessed by the public and it's invitees; negligently failed to post signs and placards warning the public of any and all hazards or any latent defects in the area that would pose a hazard to its customers and specifically failed to make Plaintiff aware of the unsafe condition of the premises. (10) As a direct and proximate result of defendants' negligence, jointly and severely, as herein stated, plaintiff was caused to sustain serious and permanent injuries, has been prevented from transacting his business, has suffered and will continued to suffer great pain of body and mind, has sustained permanent disability, deformity and has incurred, and will continue to incur in the future, hospital, doctor's and related bills in an effort to be cured of said injuries. WHEREFORE, plaintiff demands judgment against the defendants, jointly and severely, in an amount in excess of $2 / / TU ( / / I i on Turo, Esq. 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Counsel for the Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Jeffrey B. Rettig, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the r;; day of ,YMA--w;/ , 2004, from Carlisle, Pennsylvania, addressed as follows: Jeffrey B. Rettig Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg. PA 17101 LAW OFFICES 1 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ". ~ = = .c- C- 3:_ ;;;;c: I en --0 :J: o " -, fIi::n -oh1 :09 '::;6 ::r:-'r"O cpj 02::0 C)ITJ ~ _0 -< en w RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO, INC. and PETRO STOPPING CENTERS, L.P., NO. 03-5957 Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Ricky D. Howell, Plaintiff c/o Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed answering Defendants' Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. \ 'By ""\/ \ effrey B. Rettig, Es e upreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO, INe. and PETRO STOPPING CENTERS, L.P., NO. 03-5957 Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW come the Defendants, by their attorneys, Hartman, Osborne & Rettig, P.C. and answer Plaintiffs Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. As to the balance of the allegations ofthis paragraph, after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 2. Denied as stated. Petro Stopping Centers, L.P. is the owner and operator of the facility located at 1201 Harrisburg Pike. Petro, Inc. is the general partner of Petro Stopping Centers, L.P. 3. Denied. The answer to Paragraph 2 above is incorporated herein by reference thereto. 4. Denied as stated. It is admitted that the Plaintiff stopped at the fuel island. The balance ofthe allegations are either conclusions oflaw or, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 5. On information and belief, it is admitted that there was diesel fuel on the pavement in the area where Plaintiff had stopped his tractor trailer. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 6. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 7. Denied. The answer to Paragraph 2 above is incorporated herein by reference thereto. The balance ofthe allegations are denied pursuant to Pa.R.C.P. 1029. 8. Denied. It is denied that answering Defendants knew, or should have known, of the diesel fuel spill at the Stopping Center. It is admitted that Plaintiff knew or should have known of the presence of diesel fuel on or near the fuel island. 9. Denied. These allegations represent conclusions of law to which no reply is required. In further answer, the allegations of this paragraph are denied pursuant to Pa.R.C.P. 1029. The answer to Paragraph 2 above is incorporated herein by reference thereto. 10. The allegations of negligence are denied pursuant to Pa.R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed without cost to them. 2 NEW MATTER 11. Plaintiff s claims are barred or reduced by Plaintiff's own contributory negligence. 12. Plaintiff has or may have failed to mitigate his damages. 13. If Plaintiff was injured as alleged, then his injuries were due to the actions or inactions of parties other than Defendants and for whom Defendants are not responsible. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed without cost to them. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By /. J ITey B. Rettig, Es Ir ! ~upreme Ct. J.D. #19 L, 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendants 3 VERIFICATION I, Gary Stuart, Claims Manager of Petro Stopping Centers, hereby verifY and state that the facts set forth in the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to [he penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: I - H /D 'f-- b ;Jt:;::r CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 (Counsel for Plaintiff) HARTMAN, OSBORNE & RETTIG, P.C. /2 By Date: I / ~q/() tf I Attorneys for Defendants (') -rJ~ q.: fT'1 2?r"!c! C/)),-- -< "'-~. ~Cj ~-::C) ~'O -(- :z =< ~ <::> ~ ~ ~ ~:n ~ II ?i5 -< -0 :x 'd o (.,) Ricky D. Howell, ) Plaintiff, ) ) v. ) ) Petro, Inc, ) and ) Petro Stopping Centers, L.P., ) Defendants, ) ) IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5957 CIVIL ACTION- LAW PRAECIPE TO THE PROTHONOTARY: Please attach the enclosed Verification to the complaint filed in the above caption matter on January 6, 2004. Respectfully Submitted TURO LAW OFFICES /uP1J Ron Turo, Esquire 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. /~/O~ Date . ~JY~fV . - 2 ~ ~ < -ni:D ...., ~:Il CQre-; ~ .:'.~. ~T' G ;z:C I ~}:~ .r:- ~Cl ~ri ~ ~() )>-c: q? ~ "" .r:- ~ (Jl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HOWELL Vs. PETRO INC NO. 035957 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 02/03/04 ~ JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 717-232-3046 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M307038 By: Kimberly Petrahl IN THE CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY HOWELL Vs. PETRO INC No. 035957 TO: RON TURO, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 01/13/04 JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Kimberly Petrahl Enc(s): Copy of subpoena(s) Counsel return card File #: M307038 CLMDNWEALTH OF PalNSYLW\NIA CXXINl'Y OF aJMBERLl\ND HOWELL VS. PETRO INC, ET AL Fi Ie No. 035957 SUBPOENA TO PBODucE QQC:Lt1ENTS OR TH I NGS FOR DI5O:>VERY PURSUANT TO RULE 4009.22 TO: JE OWENS TRUCKING (Nne of Person or Entity) ---------- Within twenty (20) days after service of this produce the follOWing doct.rnent,; or things: subpoena, you are ordered by the court to --------;-*SEE ATTACHED ADDENDUM** at ____MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA FA 19135 (Address) You may del iver or mai 1 legib Ie copies of the docunents or produce things requested h, this SUbpoena, together with the certificate of carp liance , to the party making thi, request at the address listed above. You have the right to seek in advance the rea,;onablE cost of preparing the copies or Producing the things sought. If you fail (20) days after c:crrpe II j ng you to to produce the documents or things required by this subpoena within t~enty its serv~ce. the party serving thin ~;ubpoena may seek a court orde;' carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLQVING PERSON: NAME: JF.FFRF.Y RETTIG. ESO AOORESS : 12 0 Wfilil~U'l S! FfAR1H<:mTTRn PA 1710J (215) 335-3212 TELF.PHONE: SU'REI'E lXlURT I D # ATTORNEY FOR: DEFENDANT DATE: M307038-01 ~~f7i Ie., .;(00'1 ea 1 of the Court ~-~ Pro tar " ~Vi 1 Division Deputy (Eff. 7/97) 'ADDEND UM TO SUBPOENA HOWELL Vs. PETRO INC No. 035957 CUSTODIAN OF RECORDS FOR: JE OWENS TRUCKING ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: RICKY DUANE HOWELL ADDRESS: 253 CANAL TRACE RUSTBURG VA DATE OF BIRTH: 08/03/75 SSAN: 227199907 ALL RECORDS, TO INCLUDE BUT NOT LIMITED TO PAYROLL, WAGES, APPLICATION, PRE EMPLOYMENT PHYSICAL, WORKERS COMPENSATION DOCUMENTATION. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for JE OWENS TRUCKING CUMBERLAND M307038-01 *** SIGN AND RETURN THIS PAGE *** ~TH OF PENNsYLVANIA CCJUm'Y OF aJMBElUANo HOWELL / VS. PETRO INC, ET AL File No. 035957 SUBPOENA TO PBOOUCE QOa..M:NTS OR l1; I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009, 22 TO: AMERISAFE (NIrIle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l or things: * "S"EE A'l"l'AUiJ::lJ lilllJJ::l\IlJUJ.VJ" at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST P.HILA PA 19135 (Address) You may deliver or mail legible copies of the docunents or produce things requested to, this subpoena, together with the certificate of COTpliance, to the party making thi, request at the address listed above. You haVe the right to seek in advance the reasonablE cost of preparing the copies or prodUCing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t""enty (20) days after its serv~ce. the party serving thin ~;ubpoena may seek a court orde;' carpelling you to COTply with it. 11-l1 S SUBPOENA WAS I ssueo AT l1;E REQUEST OF 1HE FOLLON I NG PERSON: ~: JEFFREY RETTIG, ESQ ADDRESS : 126 ~JALHUT 31' HARRTSBURG PA 17101 (215) 335-3212 TELF.PH:lNE: SUPREM: caJ:lT ATTORNEY FOR: 10 # DEFENDANT BY THE <XlURT: Oivis.ion M307038-02 DATE: Ql' ';f' 'the j~ft.tfJ'1. Prot Deputy (Eff. 7/97) "ADDENDUM TO SUBPOENA HOWELL Vs. PETRO INC No. 035957 CUSTODIAN OF RECORDS FOR: ~R1SAFE **SEE ATTACHED ADDENDUM** PERTAINING TO: NAME: RICKY DUANE HOWELL ADDRESS: 253 CANAL TRACE RUSTBURG VA DATE OF BIRTH: 08/03/75 SSAN: 227199907 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Author1zed s1gnature for AMERISAFE CUMBERLAND M307038-02 ** * SIGN AND RETURN THIS PAGE * ** M' LT 6]R MEDICAL LEGAL REPRODUCTIONS. INC Main Office 4940 Disston Street Philadelphia, Pa. 19135 Phone: (215) 335-3212 Fax: (215) 338-2980 E-mail Address:legal@medleg.com Jefferson Bldg., Suite 926 1015 Chestnut Street Philadelphia, Pa 19107 ADDENDUM AMERISAFE COMPLETE WORKERS COMPENSATION FILE, '1'0 INCLUDE, BUT NOT LIMITED '1'0, ALL C~,DI, ,S ~~, S1'ATHz.~c-. ~";:~S',,,,""~E pJ(~_.. 'N UPON" m- orr "'PA~S " -'-- "'~''''''''''''."-.., ~~~'f~~~~~~~~~:l~~T:~ELD INDEPENDENT MEDICAL' EXAMINATIONS OF RICKY D HOWll:LL. East Gate Center, 309 Fellowship Rd., Mt. Laurel, NJ 08054 625 Liberty Avenue, Suite 2800 CNG Tower, Pittsburgh, Pa J5222 (800) 436-]479 .g ..g-,~ '"U~ -:;:. , [!l';.' ~ -.... Z... - . z(o' '. UJc': J, ~ r .~ ~C:j - ~o ~ ~ s;.Q - B;';; ~ :: ~ ,:~~,._ t;;,.,r-.J' ~.-I; Ricky D. Howell, ) IN THE COURT OF COMMONS PLEAS Plaintiff, ) CUMBERLAND COUNTY, ) PENNSYLVANIA ~ ) ) ) NO. 03-5957 Petro, Inc, ) ) CIVIL ACTION- LAW and ) ) Petro Stopping Centers, L.P., ) JURY TRIAL DEMANDED Defendants. ) PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MA TIER AND NOW come the Plaintiff, by his attorney's, Turo Law Offices, and answer Defendant's New Matter as follows: 11. This matter is denied. Insofar as defendant's allegations represent condusions of law, no specific reply is required. Factually, the plaintiff denies he contributed in any fashion to the accident or injury. 12. This matter is denied. Insofar as defendant's allegations represent condusions of law, no specific reply is required. Factually, the plaintiff denies he has failed in any fashion to mitigate his damages. 13. This matter is denied. Insofar as defendanfs allegations represent conclusions of law, no specific reply is required. Factually, the plaintiff denies his injuries are the result of the conduct of third parties and strict proof is demanded of the same. WHEREFORE, plaintiff demands judgment against the defendants, jointly and severely, in an amount in excess of $25,000.00 and costs of this action. q ro, Esq. 2 outh Pitt Street arlisle, PA 17013 17) 245-9688 Counsel for the Plaintiff VERIFICATION I verify that the statements made in the foregoing Plaintiff's Answer to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~7/o 7/ .~~f{J Ricky . Howell Date CERTIFICATE OF SERVICE I, Ron Turo, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by deposition a copy of same in the United States mail, first-class postage prepaid, as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (Counsel for Defendants) By Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Date: cl)7!ov Attorneys for Plaintiff " ~, (") "" 0 = ~~ = -" .<:"" --t ~- "-'~ -., ~- C' " r'1 nl TI '-) " CT.> ,- -r' ;.....:c -om (/j >- ll? ~.::" -J ~3() ~% '- -r' -'0, ;r..... 0 :D "-;,;. " ::''1: (") ~ () 2m >- 0 C 9? -I / -L. ~ N ~ -.l RICKY D. HOWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC and PETRO STOPPING CENTERS, L.P., Defendants CNIL - ACTION LAW PETITION TO INTERVENE AND NOW, come James E. Owens Trucking, Inc. and its Workers' Compensation insurance carrier, American Interstate Insurance Company, by and through its attorney, Joseph C Patterson, Esquire of Lavery, Faherty, Young & Patterson, P.C who files this Petition to Intervene and in support thereof avers the following: 1. On or about January 6, 2004 the Plaintiff, Ricky D. Howell, filed a Complaint naming as Defendant's Petro, Inc. and Petro Stopping Centers, L.P. in the Court of Common Pleas for Cumberland County, Pennsylvania and docketed at No. 03-5957. 2. The Complaint filed by the Plaintiff demands judgment against the Defendant's, jointly and severally, in an amount in excess of $25,000 along with reimbursement of litigation costs for injuries allegedly sustained by the Plaintiff on or about November 14, 2001. 3. The Plaintiff alleges in his complaint that he sustained injuries when he slipped and fell as a result of diesel fuel on the pavement at the Petro Stopping Center located at 1201 Harrisburg Pike, Carlisle, P A. 4. The Plaintiff was an employee of James E. Owens Trucking, Inc., located at 1091 Blackwater Road, Forest, VA, 24551, on November 14, 2001. 5. American Interstate Insurance Company of .n04 East Parham Road, Suite B, Richmond, VA, 23228, provided coverage to James E. Owens Trucking, Inc. for exposure liability pursuant to the Virginia Workers' Compensation Act, Virginia Code Section 65.2-100 et seq. 6. Pursuant to coverage for exposure liability pursuant to the Virginia Workers' Compensation Act, American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Inc. paid $79,430.86 in Workers' Compensation wage and medical benefits to and on the Plaintiff's behalf as of the date of the filing of this petition. 7. Pursuant to Virginia Code Section 65.2-310, American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, Inc. has a lien in the amount already paid by them to the Plaintiff and for such other sums as may hereafter be paid by them pursuant to the Virginia Workers' Compensation Act. 8. The determination of the underlying complaint filed by Plaintiff and docketed at No. 03-5957 may affect the legally enforceable interest of American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc. in its subrogation lien. Thus, American Interstate Insurance Company is entitled to intervene in this action pursuant to Rule 2327 of the Pennsylvania Rules of Civil Procedure. 9. American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, rne. hereby seeks to intervene in this action to protect and enforce its subrogation lien pursuant to the provisions of Virginia Code Section 65.2-310. 2 10. Attached to this Petition to Intervene as Exhibit A is the Petition American Interstate Insurance Company will file in this action if permitted to intervene. 11. Counsel for American Interstate Insurance Company sought concurrence in this Petition to Intervene from counsel for plaintiff and defense counsel in the underlying action. While neither plaintiff's counsel nor defense counsel are willing to stipulate to American Interstate Insurance Company's right to subrogation, neither counsel objects to American Interstate Insurance Company being permitted to intervene in this matter. WHEREFORE, American Interstate Insurance Company respectfully requests that this Honorable Court grant its Petition to Intervene and allow American Interstate Insurance Company to file the enclosed petition in the underlying action to enforce and protect its subrogation lien in accordance with the provisions of Virginia Code Section 65.2-310. Respectfully submitted, DATE: August 20, 2004 By: rson, s 2890 et Street, Suite 304 P. . ox 1245 Harrisburg, PA 17108-1245 Attys for American Interstate Insurance Company 3 VERIFICATION Joseph c. Patterson, Esquire, hereby states that he is counsel for American Interstate Insurance Company, and that the statements made in the foregoing are true and correct to the best of his knowledge, information and belief, based upon client interviews and review of documents relevant to the claims and defenses herein. This attorney's Verification is being executed pursuant to Rule 1024(c), Pennsylvania Rules of Civil Procedure. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. c.s. ~ 4904 relating to unsworn falsification to authorities. Date: August 20, 2004 4 E X H I BIT Ii A" RICKY D. HOWELL, Plaintiff IN THE COORT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC and PETRO STOPPING CENTERS, L.P., Defendants CIVIL- ACTION LAW PETITION PURSUANT TO VIRGINIA CODE SECTION 65.2-310 AND NOW, comes American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc., by and through its attorney, Joseph C Patterson, Esquire of Lavery, Faherty, Young & Patterson, P.C , who have been granted permission to intervene in this matter and file this petition in accordance with the provisions with Virginia Code Section 65.2-310 and in support thereof aver as follows: 1. American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc. filed a Petition to Intervene in this action which was granted by Order dated .2004. 2. On or about November 14, 2001, which is the date of the alleged injury of Ricky D. Howell, Plaintiff, giving rise to the above styled action, American Interstate Insurance Company provided insurance coverage to James E. Owens Trucking, Inc. for exposure to liability under the Virginia Workers' Compensation Act, Virginia Code Section 65.2-100 et seq. 3. The events leading to the injury of Ricky D. Howell, Plaintiff, arose out of and in the course of the employment of Ricky D. Howell by James E. Owens Trucking, Inc. 4. Pursuant to coverage for exposure liability pursuant to the Virginia Workers' Compensation Act, American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Inc. has paid $79,430.86 in Workers' Compensation wage and medical benefits as of the date of the filing of this petition. 5. By reason of the foregoing, American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, Inc. has a lien in the amount already paid by them to the Plaintiff and for such other sums as may hereafter be paid by them pursuant to the Virginia Workers' Compensation Act. WHEREFORE, American Interstate Insurance Company prays that this Honorable Court, at such time as it deems appropriate and in any event prior to verdict, ascertain the amount of Workers' Compensation benefits paid by them and that in the event of judgment against the Defendant's herein, award or settlement, require that from the amount of such judgment, award or settlement, their lien in the amount of $79,430.86, together with all other amounts that may be paid in the future by American Interstate Insurance Company according to law be fully satisfied and that the remaining balance, if there be any, be paid to the Plaintiff. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.c. DATE: By: Joseph c. Patterson, Esquire Atty No. 62890 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Attys :for American Interstate Insurance Company CERTIFICATE OF SERVICE I, Joseph c. Patterson, an attorney with the law firm of Lavery, Faherty, Young & Patterson, P.c., do hereby certify that on this 20th day of August, 2004, I served a true and correct copy of the foregoing PETITION TO INTEVENE via U.S. First Class mail, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Philip B. Baker, Esquire Sanzone & Baker P. O. Box 1078 Lynchburg, VA 24505 J t 5 Q <;"' -:::..... f~) ....., = <"" .&"" ".. c:: ~~') ('..OJ, o ~ ~:!l n1hi =B9 06 ~~ ~~ ~ ,,,. ::,:.: -.D RICKY D. HOWELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PETRO, INC. and PETRO STOPPING CENTERS, L.P. NO. 2003-5957 CIVIL TERM ORDER OF COURT AND NOW, this 8TH day of SEPTEMBER, 2004, a Rule is issued upon the parties to Show Cause why the "Petition to Intervene" should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. " Joseph C. Patterson, Esquire , / Philip B. Baker, Esquire ~l r; / C{{ff Jk Jeffrey B. Rettig, Esquire Ron Turo, Esquire :sld '3 I :0\ U':! t,.. d3S ~OOl )\UVtO:<,) 3\..il ~O ~r~U:1D C13'-;;~J Joseph C. Patterson, Esquire Attorney No. 62890 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 Tel: 717-233-6633/ Fax: 727-7003 Attorneys for Americau Interstate Insurance Company RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC. and PETRO STOPPING CENTERS, L.P., Defendants CIVIL -- ACTION LAW AMERICAN INTERSTATE INSURANCE COMPANY'S MOTION TO MAKE RULE ABSOLUTE NOW, COMES, James E. Owens Trucking, Inc., and its Workers' Compensation insurance carrier, American Interstate Insurance Company, by and through its attorneys, Lavery, Faherty, Young & Patterson, P.C. , and files this Motion to Make Rule Absolute and in support thereof avers as follows: 1. On or about January 6, 2004, Plaintiff, Ricky D. Howell, filed a Complaint naming as Defendants Petro, Inc. and Petro Stopping Centers, Inc., L.P., in the Court of Common Pleas for Cumberland County, Pennsylvania, and docketed at number 03-5957. 2. The Complaint filed by the Plaintiff demands judgment against the Defendants, jointly and severally, in an amount in excess of $25,000.00, along with the reimbursement of litigation costs for injuries allegedly sustained by the Plaintiff 011 or about November 14, 2001. 3. The Plaintiff alleges in his Complaint that he sustained injuries when he slipped and fell as a result of diesel fuel on the pavement at Petro Stopping Center located at 1201 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 4. The Plaintiff was an employee of James E. Owems Trucking, Inc., located at 1091 Blackwater Road, Forrest, Virginia, 24551, on November 14, 2001. 5. American Interstate Insurance Company, of 4104 East Parham Road, Suite B, Richmond, Virginia, 24238, provided coverage to James E. Owens Trucking, Inc., for exposure liability pursuant to the Virginia Workers' Compensation Act, Virginia Code Section 65.2-100, et seq. 6. Pursuant to coverage for exposure liability in accordance with the Virginia Workers' Compensation Act, American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Inc. paid $79,430.86 in Workers' Compensation wage and medical benefits to and on the Plaintiffs behalf as of August 20, 2004. 7. Pursuant to Virginia Code Section 65.2-310, American Interstate Insurance Company, as insurer for and on behalf of James E. Owens Trucking, Inc., has' a lien in the amount already paid by them to the Plaintiff and for such other swns as may have been paid by them subsequent to August 20,2004, pursuant to the Virginia Workers' Compensation Act. 8. On or about August 23, 2004, American Interstate Insurance Company filed a petition to intervene in this civil action to protect and enforce ilts subrogation lien pursuant to the provisions of Virginia Code Section 65.2-310. 9. On September 8, 2004, the Honorable Edward E. Guido, issued a Rule upon the parties to show cause why American Interstate Insurance Company's Petition to Intervene should not be granted. Said Rule was returnable twenty (20) days after service. A true and correct copy of this September 8, 2004 Rule to Show Cause is attached hereto, incorporated herein by reference and marked as Exhibit "An. 10. By correspondence dated September 10, 2004, and served via certified mail, return receipt requested, the Rule to Show Cause regarding American Interstate Insurance Company's Petition to Intervene was served upon all counsel of record. True and correct copies of the September 10, 2004 transmittal letters, certified mail receipts, and domestic return receipts, evincing service upon all counsel are attached hereto, incorporated herein by reference, and marked as Exhibit "B". 11. More than twenty (20) days have elapsed sinc,: they date of service of the Rule issued by Judge Guido and no party has shown cause why the relief sought in the Petition to Intervene should not be granted. WHEREFORE, American Interstate Insurance Company respectfully requests that this Honorable Court make the Rule absolute and grant its Petition to Intervene. Respectfully submitted, DATE: July 27,2005 C. Pa r o. 2890 2 et Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax:: 717-233-7003 Attys for American Interstate Insurance Company Lavery P.C. VERIFICATION Joseph C. Patterson, Esquire, hereby states that he is counsel for American Interstate Insurance Company, and that the statements made in the foregoing are true and correct to the best of his knowledge, information and belief, based upon client interviews and review of documents relevant to the claims and defenses herein. This attorney's Verification is being executed pursuant to Rule 1024(c), Pennsylvania Rules of Civil Procedure. The: undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: July 27,2005 CERTIFICATE OF SERVICE I, Joseph C. Patterson, an attorney with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 27th day of July, 2005, I served a true and correct copy ofthe foregoing Motion to Make Rule Absolute via U.S. First Class mail, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 Philip B. Baker, Esquire Sanzone & Baker P. O. Box 1078 Lynchburg, VA 24505 (! V RICKY D. HOWELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA p-~ V. PETRO, INC. and PETRO STOPPING CENTERS, L.P. NO. 2003-5957 CIVIL TERIVI ] n .&3~~' ORDER OF COURT AND NOW, this ani day of SEPTEMBER, 2004, a Rule is issued upon the parties to Show Cause why the "Petition to Intervene" should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. Joseph C. Patterson, Esquire Philip B. Baker! Esquire Jeffrey B. Rettig, Esquire Ron Turo, Esquire :sld TFUJE COf'\' FROM RECORD In TestJllIOllt wh€!f6u!. I here unto set mr ..., ,mo the ., (lI/ said."c\J CarIlsIe Pa. ( L r~i . ~ ~/ ',-1.06..1 / Proth /=~/( SE? 0 1 2004 t( RICKY D. HOWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC. and PETRO STOPPING CENTERS, L.P., Defendants CNIL - ACTION LAW PROPOSED ORDER AND NOW, this day of . 2004, the Petition to Intervene filed in this matter by American Interstate Insurance Company acting on behalf of James E. Owens Trucking Company is hereby granted. American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Ine. is granted leave to file its petition pursuant to Virginia Code Section 65.2-310 to enforce and protect is subrogation lien for Workers' Compensation wage and medical benefits paid to the Plaintiff and may file any further petitions, answers and/ or related pleadings in order to enforce and protect its subrogation lien. BY THE COURT: J. RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC and PETRO STOPPING CENTERS, L.P., Defendants CNIL - ACTION LAW '25 0 :2 ~: ~~ ~:::r'. ..,_,_ f1.'!"".... (;') -om W ::ny ":':)._ 0 ~Qi AND NOW, come James E. Owens Trucking, Inc. and its Workers' C~pens~0n:9~ ~;~ ~'.~ ::: ~. insurance carrier, American Interstate Insurance Company, by and through ii:s~lor~y, ~ PETITION TO INTERVENI~ Joseph C Patterson, Esquire of Lavery, Faherty, Young & Patterson, P.C who files this Petition to Intervene and in support thereof avers the following: 1. On or about January 6, 2004 the Plaintiff, Ricky D. Howell, filed a Complaint naming as Defendant's Petro, Inc. and Petro Stopping Centers, L.P. in the Court of Common Pleas for Cumberland County, Pennsylvania and docketed at No. 03-5957. 2. The Complaint filed by the Plaintiff demands judgment against the Defendant's, jointly and severally, in an amount in excess of $25,000 along with reimbursement of litigation costs for injuries allegedly sustained by the Plain1iff on or about November 14, 2001. 3. The Plaintiff alleges in his complaint that he sustained injuries when he slipped and fell as a result of diesel fuel on the pavement at lite Petro Stopping Center located at 1201 Harrisburg Pike, Carlisle, P A. 4. The Plaintiff was an employee of James E. Owens Trucking, Inc., located at 1091 Blackwater Road, Forest, V A, 24551, on November 14, 2001. 5. American Interstate Insurance Company of 4104 East Parham Road, Suite B, Richmond, V A, 23228, provided coverage to James E. Owens Trucking, Ine. for exposure liability pursuant to the Virginia Workers' Compensation Act, Virginia Code Section 65.2-100 et seq. 6. Pursuant to coverage for exposure liability pursuant to the Virginia Workers' Compensation Act, American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Inc. paid $79,430.86 in Workers' Compensation wage and medical benefits to and on the Plaintiff's behalf as of the date of the filing of this petition. 7. Pursuant to Virginia Code Section 65.2-310, American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, Ine. has a lien in the amount already paid by them to the Plaintiff and for such other sums as may hereafter be paid by them pursuant to the Virginia Workers' Compensation Act. 8. The determination of the underlying complaint filed by Plaintiff and docketed at No. 03-5957 may affect the legally enforceable interest of American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc. in its subrogation lien. Thus, American Interstate Insurance Company is entitled to intervene in this action pursuant to Rule 2327 of the Pennsylvania Rules of Civil Procedure. 9. American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, Inc. hereby seeks to intervene in this action to protect and enforce its subrogation lien pursuant to the provisions of Virginia Code Section 65.2-310. 2 10. Attached to this Petition to Intervene as Exhibit A is the Petition American Interstate Insurance Company will file in this action if permitted to intervene. 11. Counsel for American Interstate Insurance Company sought concurrence in this Petition to Intervene from counsel for plaintiff and defense counsel in the underlying action. While neither plaintiff's counsel nor defense counsel are willing to stipulate to American Interstate Insurance Company's right to subroga.tion, neither counsel objects to American Interstate Insurance Company being permitted to intervene in this matter. WHEREFORE, American Interstate Insurance Company respectfully requests that this Honorable Court grant its Petition to Intervene and allow American Interstate Insurance Company to file the enclosed petition in the underlying action to enforce and protect its subrogation lien in accordance with the provisions of Virginia Code Section 65.2-310. Respectfully submitted, DATE: August 20,2004 2890 et Street, Suite 304 P. . ox 1245 Harrisburg, PA 17108-1245 Attys for American Interstate Insurance Company 3 VERIFICATION Joseph c. Patterson, Esquire, hereby states that he is counsel for American .. Inl:erstal:e Insurance C6mpany, and l:hatl:he statements rrlade In the foregohlg are true and correct to the best of his knowledge, information and belief, based upon client interviews and review of documents relevant to the claims and defenses herein. This attorney's Verification is being executed pursuant to Rule 1024(c), Pennsylvania Rules of Civil Procedure. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities. Date: August 20, 2004 4 RICKY D. HOWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO;INC: and PETRO STOPPING CENTERS, L.P., Defendants CIVIL = ACTION LAW PETITION PURSUANT TO VIRGINIA CODlJ SECTION 65.2-310 AND NOW, comes American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc., by and through its attorney, Joseph c. Patterson, Esquire of Lavery, Faherty, Young & Patterson, P.c. , who have been granted permission to intervene in this matter and file this petition in accordance with the provisions with Virginia Code Section 65.2-310 and in support thereof aver as follows: 1. American Interstate Insurance Company as insurer for James E. Owens Trucking, Inc. filed a Petition to Intervene in this action which was granted by Order dated .2004. 2. On or about November 14, 2001, which is the date of the alleged injury of Ricky D. Howell, Plaintiff, giving rise to the above styled action, American Interstate Insurance Company provided insurance coverage to James E. Owens Trucking, Inc. for exposure to liability under the Virginia Workers' Compensation Act, Virginia Code Section 65.2-100 et seq. 3. The events leading to the injury of Ricky D. Howell, Plaintiff, arose out of and in the course of the employment of Ricky D. Howell by James E. Owens Trucking, Inc. 4. Pursuant to coverage for exposure liability pursuant to the Virginia Workers' Compensation Act, American Interstate Insurance Company acting on behalf of James E. Owens Trucking, Inc. has paid $79,430.86 in Workers' Compensation wage and medical -benefits as of the date ofthe filing of this petition. 5. By reason of the foregoing, American Interstate Insurance Company as insurer for and on behalf of James E. Owens Trucking, Inc. has a lien in the amount already paid by them to the Plaintiff and for such other sums as may hereafter be paid by them pursuant to the Virginia Workers' Compensation Act. WHEREFORE, American Interstate Insurance Company prays that this Honorable Court, at such time as it deems appropriate and in any event prior to verdict, ascertain the amount of Workers' Compensation benefits paid by them and that in the event of judgment against the Defendant's herein, award or settlement, require that from the amount of such judgment, award or settlement, their lien in the amount of $79,430.86, together with all other amounts that may be paid in the future by American Interstate Insurance Company according to law be fully satisfied and that the remaining balance, if there be any, be paid to the Plaintiff. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.e. DATE: By: Joseph e. Patterson, Esquire Atty No. 62890 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, P A 17108-1245 Attys for American Interstate Insurance Company CERTIFICATE OF SERVICE 1, Joseph c. Patterson, an attorney with the law firm of Lavery, Faherty, Young & Pattersorr;P.C:;dohereby certify that on this 20th day of August; 2004;1 served a trUe and correct copy. of the foregoing PETITION TO INTEVENE via U.S. First Class mail, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg,PA 17101 Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 Philip B. Baker, Esquire Sanzone & Baker P. O. Box 1078 Lynchburg, VA 24505 5 LAVERY Yf AHERTY OUNG &.. PATTERSON, P.c. ATTORNEYS-AT-LAW 225 Market Street Suite 304 . PO, Box 1245 Harrisburg. PA 17108 - 1245 (71 7) 233 - 6633 Fox: (71 /) 233 - 7003 e-mail: attys@laverylaw.com www.laverylaw.com September 10, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Philip B. Baker, Esquire Sanzone & Baker P. O. Box 1078 Lynchburg, V A 24505 RE: Howell, Ricky v. Petro, Inc. Our File No: 103-002265 Date of Loss: 11/14/2001 Bureau Claim No: 03-5957 Dear Attorney Baker: Enclosed please-find the-Rule to Show- Cause why the Petition to Intervene should not be granted in the above-referenced matter. The Rule was issued on September 8, 2004, by the Honorable Edward Guido. Please note the Rule is returnable within 20 days after service with service occurring today, September 10, 2004. Kindly notify the Court if you do not oppose the Petition to Intervene. Thank you for your attention to this matter. JCP/mlr ~~ h C. Patterson Enclosure U.S. Postal Service"" CERTIFIED MAil", RECEIPT (Domestic Mail Only; No Insurance Coverage P . Corr1pl~t~ ttems 1, 2, and 3. Also complete Item 4 ~ RestrIcIed Dellvely Is desllllCt. . Print your name and address on the reverse so that we can return the card to you. . AttaCh this card to the back 01 the mall piece, or on the Irontll space permits. m LIl ,m ru I Postage $ ,(" 6 Certified Fee ;;; .~c.) I, '75 d~ ~ ~~~ro6. ~/~ \:.0, \3ox:. I07ct L,,\~\-~r3 ~ \\ .J45?5 Total Postage & Fees $y.L.5 /(\.-sc iQ~~<("~ ~ ~s ,,..I< . 0 ,n . -n.. 'I? !J'''- ~ \, i9(}-~- "!~I 3. Sendce Type ; 0 ~ed Mall [:l'Expreos Mall , .-'l o Registered Q<PIetum Receipt Ie< Merchendlse ~ o Insured Mall [j C.O.D. , 4. RestrIcIed Dallvely? (E<tra Fee) 0 Yes Return Reclepl Fee (Endorsement ReqUired) RastrictedDeliveryFea (Endorsement ReqUired) 2. ArtIcle Number (T/8nSfer from_label) PS Form 3811, August 2001 7002 2410 0001 2353 4158 ru o o t"- Oemestle Re1um Receipt luc:;=0-02"''''1540 ATTORNEYS-AT-LAW 225 Market Street Suite 304 . P.O. Box 1245 Harrisburg, PA 171 08 - 1245 (717) 233 - 6633 Fax (717) 233 - 7003 e-maii: attys@laverylaw.com www.iaveryiaw.com LAVERY Yf AHERTY OUNG &. PATTERSON, r.c. September 10, 2004 V1A CERTIFIED MAIL, RETURN RECEIPT REQUESTED Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 RE: Howell. Ricky v. Petro, Inc. Our File No: 103c002265 Date of Loss: 11/14/2001 Bureau Claim No: 03-5957 Dear Attorney Rettig: Enclosed please-find the-Rule to Show Gause why the Petition to Intervene should not be granted in the above-referenced matter. The Rule was issued on September 8, 2004, by the Honorable Edward Guido. Please note the Rule is returnable within 20 days after service with service occurring today, September 10, 2004. Kindly notify the Court if you do not oppose the Petition to Intervene. Thank you for your attention to this matter. JCP/mlr ~~s {; / C. Patterson Enclosure ENDER COMPI ETE THI', SE ('nON . :r m .-'I :r m [JAgon! I~ [J Add........ ru of Ofjl"ery , ..-:I 'j/I/OI( . ~ DYes 10 [J No i ,0 I~ ru ru '0 o "" Postage . Complete Items 1, 2, end 3. Also completG Item 4 ~ Restrfcted Delivery Is desllIld. . Print your name end address on the reverse so that we can return the card to you. . Allach this card to the back'o! the mallpl""", or on the front I! space permits. CertIfied Fee ~w;~ ~e?\l3' Ga \::J-\., -\d--~ ~'r s\O ~\-\~\JC~I PA 11/61 7002 Return Reclept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement RequIred) Total Postage & Fees ~. ArtIcle Number (TIansfer 110m_label) 'S Form 3811, Augusl2001 3.,SiMC8~ l!r CeI1lfIed Mall [J ExpnIea Mall . [J RegI8leI1ld t;Dloturn Receipt for Merch8lldlse . [J II1$UIed Mail D C.O.D. 4. _ DelIvety'/ (Extra Fee) [J Ves 2410 0001 2353 4134 Dommie Return Rocelpt 102595-02-M-1540 LAVERY Yf AHERTY OUNG &. PATTERSON,P.C. ATTORNEYS-AT-LAW 225 Market Street Suite 304 . P,O, Box 1245 Harrisburg, PA 17108 - 1245 (717) 233 - 6633 Fax: (717) 233 - 7003 e-mail: attys@layerylow.com www.laverylow.com September 10, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Ron Turo, Esquire Turo Law Offices 28 South Pitt Street Carlisle, P A 17013 RE: Howell. Ricky v. Petro, Inc. Our File No: 103-002265 Date of Loss: 11/14/2001 Bureau Claim No: 03-5957 Dear Attorney Turo: Enclosed pleasefind-the-Rule to Show Cause why the Petition to Intervene should not be granted in the above-referenced matter. The Rule was issued on September 8, 2004, by the Honorable Edward Guido. Please note the Rule is returnable within 20 days after service with service occurring today, September 10, 2004. Kindly notify the Court if you do not oppose the Petition to Intervene. Thank you for your attention to this matter. JCP /mlr Enclosure .. . COMPI ErE THIS SECTION ON DELIVERY M ::r- M ::r- U.S. Postal Service,,, CERTIFIED MAIL" RECEIPT (DOmestic Mail Only; No Ihsursnce Covefsg~ P . Complete ~ems 1, 2, and 3. Also complete Item 4 W Restricted Delivery Is deslnJd. . Print your name and address on the reVEu'Se so th~l,we can return the card to you. ., Attach'thlscard to the back of the mallplece, or on, !he front If space pelT\llts. I. Article Addressed to: ~O I~ --r~ <0 I 'G~_p;<<e 0CO SoA rltt~~ ~\\S~( P0 17t!J/j m U1 m ru M o o o Return Reciepl Fee (Endorsement Required) o Restricted Dellvery Fee M (Endorsement Required) ::r- ru ~'f~ Certified Fee Total Postage & Fees $(.,/. ~.s 3. SelvIce'TYpe ru ~ Mall [J ExIxeos Mall ~ Cl Registered ~etum Receipt for Merchandise ("'- [J Insured Mall [J C.O.D. 4. ROi;lrIcted Delivery? (Extm Fee) [J Yes ~. Article Number (/'nmsf6r from service label) 7002 2410 0001 2353 4141 C? ..; ';;-~ ~;, CA ,;:;l4 fD (:-:: c. f ('.0 (j.J -:-"' \.-:"~ (.\ - , {,.;. RICKY D. HOWELL, Plaintiff o RECEIVED JUL 2 9 200~ : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET No. 03-5957 PETRO, INC. and PETRO STOPPING CENTERS, L.P., Defendants CWIL - ACTION LAW ORDER AND NOW, this ~~ day of ~, 2005, upon consideration of American Interstate Insurance Company's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule is made absolute and American Interstate Insurance Company's Petition to Intervene to enforce and protect its subrogation lien, pursuant to the provisions of Virginia Code Section 65.2-310, is hereby granted. J. LZ :8 Hi! f;- 5fW SDIlL ~H\/.LO{L.A.l,J(}'Jd :il'U. ::10 j'J\,.::(I~G:f\\-j "" RICKY D. HOWELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5957 PETRO, INC. And : CIVIL ACTION-LAW PETRO STOPPING CENTERS, L.P.: Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF THE SAID COURT: Please settle, withdraw and discontinue the above captioned case on behalf of the Plaintiff: /j~ Date Res/e'ctfully Submitted Jlii::71 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Counsel for the Plaintiff p~ 1106 Commerce Street, Ste 3A Lynchburg, VA 24504 (434) 846-4691 Co-Counsel for the Plaintiff 1'\, " (~ ~ <: