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Home My WebLink About08-5291 08HB-00006108-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HELL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul ase No.: 016 - 5491 Civil -erm Seibert, Plaintiffs vs. ITRATION Continent Logistics, Inc. and Ansumana Fofana, Defendants COMPLAINT AND NOW come the Plaintiffs, Nationwide Mutual Insurance Company a/s/o Paul Seibert and set forth the following Complaint against Continent Logistics, Inc. and Ansumana Fofana: 1. The Plaintiff, Nationwide Mutual Insurance Company, is an Ohio corporation with its corporate offices in Columbus, Ohio and a principle place of business in Harrisburg, Pennsylvania. 2. Paul Seibert is an adult individual who resides at 7728 Yellow Church Road Seven Valleys, PA 17360. 3. Defendant, Continent Logistics, Inc. is a Minnesota corporation with its principle place of business located at 1400 Madison Avenue N #342, Mankato, MN 56001. 4. Defendant, Ansumana Fofana is an adult individual who resides at 484 Glen Arbor Circle, Apt. 207. Cordova, TN 38018 STATEMENT OF FACTS 5. On September 5, 2007, Paul Seibert was stopped in the Flying J parking lot waiting for a tractor trailer to back into a parking space when another tractor trailer driven by Defendant, Ansunana Fofana tried to "squeeze" around Seibert's vehicle on the right side. Having insufficient room to maneuver around Seibert's motor home, Defendants' tractor trailer struck and damaged Seibert's custom Ford van which was being towed behind the motor home. 6. Instead of stopping, Defendant Fofana continued on, attempting to exit the parking lot onto Harrisburg Pike. A red traffic light at the parking lot's exit enabled Mr. Seibert to catch the tractor trailer, whereupon Mr. Fofana admitted striking the Seibert vehicle. 7. At all times relative to the accident, Mr. Fofana was acting within the course and scope of his employment with Defendant Continent Logistics, Inc. Accordingly, Defendant Continent is vicariously liable for the negligence of their driver and the damages caused by him. 8. The collision between the two vehicles was caused solely by the negligence of Defendant Fofana in: (a) failing to wait until the Seibert vehicle was able to move so that Defendant would have sufficient room to maneuver his vehicle without striking the Seibert vehicle; (b) failing o keep his vehicle under proper control; (c) failing to be attentive to other traffic within the parking lot; (d) failing to maneuver his vehicle to avoid contact with other vehicles. 9. The negligence of Defendant Fofana caused damage to the Seibert vehicle in the amount of $2,229.49. 10. Pursuant to the insurance policy issued by Nationwide Mutual Insurance Company to Paul Seibert, Nationwide was required to pay for the damage caused to the Seibert vehicle by Defendants' negligence. As provided in the policy contract, Nationwide is now subrogated to the right of its insured to recover the damages from the at-fault party. Accordingly, Nationwide demands judgment in its favor in the amount of $2,229.49 in addition to the costs of filing this action. 11. On September 18, 2007, Teddy Kobingi of Defendant, Continent Logistics, Inc. advised Nationwide that his company would pay for the damages to Mr. Seibert's vehicle. On multiple occasions thereafter, Mr. Kobingi advised Nationwide that the "check was in the mail". To date, payment has not been received. WHEREFORE, Nationwide seeks recovery of the total damages in the amount of $2,229.49. Respectfully submitted, LAW OFFICE OF SNYDER & DORER ( W ) By: JoAnn . Kinzel, Esquire Identification No. 55453 Attorney for Plaintiffs Date: September 2, 2008 ?^ ? r a R 1 F?3 G'S J ? \ , Fri E ,iT ? ?. ? O • f D is ' ?, 08HB-00906/08-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 I ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul Case No.: 08-5291 Civil Term I Seibert, Plaintiffs VS. IContinent Logistics, Inc. and Ansumana Fofana, Defendants T PRAECIPE TO ATTACH I TO THE PROTHONOTARY: Kindly attach the enclosed Notice to Plead to the Complaint which was filed on or about September 2, 2008 in the above referenced matter. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: JoAnne . inzel, Esquire Identifica 'on No. 55453 Attorney for Plaintiff Date: September 16, 2008 08liB-00006108-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul r ase No.: 08-5291 Civil Term Seibert, Plaintiffs vs. Continent Logistics, Inc. and Ansumana Fofana, (AR BITRATION Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in following pages, you must take action within twenty (20) days after this Complaint and Notice are ser by entering a written appearance personally or by attorney and filing in writing with the court ) defenses or objections to the claims set forth against you. You are warned that if you fail to do so, case may proceed without you, and a judgment may be entered against you by the court without fur notice for any money claimed in the Complaint or for any other claim or relief requested by the Plain 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 r.o -ic cn -^r r . c-n rL" s .., 08HB-00006/08-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul ase No.: 08-5291 Civil Term Seibert, Plaintiffs Respectfully submitted, LAW OFFICE OF SNYDER & DORER o nn E. Kinzel, Esquire Ide t' cation No. 55453 Attorney for Plaintiff VS. BITRATION Continent Logistics, Inc. and Ansumana Fofana, Defendants AFFIDAVIT OF SERVICE ' TO THE PROTHONOTARY: Kindly file the attached certified card showing the Proof of Service of the Complaint upon Defendant, Ansumana Fofana on September 20, 2008. Date: December 1, 2008 ^ ,? plete ¦ Complete Items 1, 2, and 3. AlTte lt¦n 4 if Restricted Delivery is . ¦ Print your rpm and address oeverse so that we c an'retum the card ¦ Attach this card to the hack of ilplece, r,F on the front If space permits. 1. Article Addressed to: OeM6 ?nSw?nan? 1-, A.si9 re X 17 Agent 0 Addre a. Recelved by (P6 W Name) D. Is delivery address ditlerent imm Item ? 0 Yes H YES, enter delivery address below: ? No :P 2 3 2ooa Type 3. Ser Mali E3 apeas man ? Istered 0 Retum Receipt for Merdwwise ? insured Mali ? C.O.D. 4. ResMcted Delivery? (Evft Fee) E3 Yes 2. Article Number ,7 ? (ranter from service r U V V ?j Q _ a ?D - o v 4 - SS PS Form 3811, February 2004 Domestic Return Receipt 102596.02-W1540 4 `U 4 61 cn A-/b-v CA tA-e. JV94 201 C -a? , I N Y5 ?? 6 _-t r c ,?; D8HB-00006/08-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul Case No.: 08-5291 Civil Term Seibert, Plaintiffs vs. -ontinent Logistics, Inc. and Ansumana Fofana, Defendants TION PRAECIPE TO ENTER JUDGMENT I TO THE PROTHONOTARY: Kindly enter judgment against Defendant, Ansumana Fofana in the amount of $2,229.49 for the failure of Defendant Fofana to file an Answer to Plaintiffs' Complaint. The Complaint was served upon Defendant Fofana by certified mail on September 20, 2008. A ten day Notice was forwarded to Defendant Fofana. A copy of proof of service of the Complaint, - - - ')See bac1(-- Respectfully submitted, LAW OFFICE OF SNYDER & DORER By. 4ati1denti el, Esquire on N o. 55453 Attorney for Plaintiffs Date: November 24, 2008 ?? n ?r? ??? dy 08 H B -00006/08-008634 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SPITE 503 CAMP HILL, PA 17011 TELEPHONE NuNIBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF CO1v1MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Paul 'Case No.: 08-5291 Civil Term Seibert, Plaintiffs VS. ?RBITRATION Continent Logistics, Inc. and Ansumana Fofana, Defendants IMPORTANT NOTICE YOU ARE IN DEFAULTBECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGA SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 E x l.j b,+ /E • Mete items 1, 2, and 3. Also complete 4 if Restricted Deilvery is desired. your name and address on the reverse at we can return the card to you. h this card to the back of the mailpiece, the front if space permits. i Addressed to: n??48„% $ A. Signature X e "- ,V+ t t A _ 0Agent A -? ? D Addressee 8. Received by ( Punted Name) G. "of Delivery r D. Is delivery address diffetertt from Rem 1? 0 Yes if YES, aster delivery address below: 13 No wYlan(k w?. 2 3 2008 CI cry A-(b-or CXG(-e 3. type O ??? Express Mali o ra ? Ro" Regal for MwdwK e . I >? 4 l 8 o insured Mau 13 C.O.D. 4. Restricted Delivery? Pft Fes) ? Yes i Number ferf servfoefebeQ "l U0 1 b1 o - oOD 13811, February 2004 Domestic Return Receipt toxses az M taco 4- Z- CIO a 6 rj y- ? ilk