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Home My WebLink About10-536810-013185 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, NATIONWIDE INSURANCE COMPANY A/S/O P. HASTINGS CORPORATION AND P. HASTINGS CORPORATION, INDIVIDUALLY, PLAINTIFF VS. USA TRUCK, DEFENDANT Li... Tt - 2019 ?;U? u 1 C 1 1 Q010Apt & t7 PWL ?, C '•; ?:" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /p - n1$ 0 Lye CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 arc 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. YOU SHOULD TAKE TI-11 S 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 L GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 5 LAWYER REFERRAL SERVICE OF THE f9Qvd CUMBERLAND COUNTY BAR ASSOCIATION L' 9?//0L.'Y7 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013-3302 ayGgQ? TELEPHONE: (717) 249-3166 or (800) 990-9108 10-013185 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, NATIONWIDE INSURANCE COMPANY A/S/O P. HASTINGS CORPORATION AND P. HASTINGS CORPORATION, INDIVIDUALLY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED USA TRUCK, DEFENDANT COMPLAINT AND NOW, come the Plaintiffs, Nationwide Mutual Insurance Company a/s/o P. Hastings Corporation and P. Hastings Corporation, by their attorney, JoAnne E. Kinzel, Esquire, and set forth the following complaint against USA Truck, Inc. 1. Nationwide Mutual Insurance Company (hereafter Nationwide) is an incorporated entity that provides, among other things, commercial insurance to business entities operating in the Commonwealth of Pennsylvania, with a principle place of business at 1000 Nationwide Drive, Harrisburg, Pennsylvania 17105. 2. P. Hastings Corporation (hereafter PHC) is an incorporated business that operates gasoline service stations in the Commonwealth of Pennsylvania and has a business location at 6573 Carlisle Pike, Mechanicsburg, Pennsylvania. 3. At all times relative hereto, PHC was insured under policy number 58 37 PE 019903 issued to it by Nationwide, which policy provided insurance protection for PHC's buildings. 4. Defendant USA Trucks, Inc. is an incorporated entity involved in the truck transport business with a principle place of business at 3200 Industrial Park Road, Van Buren, Arizona 72956. At all times material hereto, Defendant regularly operated its trucks in, around and on the highways and byways of the Commonwealth of Pennsylvania. 5. On December 28, 2008, Defendant, acting through its agent, servant or employee, drove one of its trucks through PHC's BP service station at 6573 Carlisle Pike, Mechanicsburg, Pennsylvania and, in the process, drove so close to the building that the truck's trailer struck the building's canopy, pushing the canopy and its supporting structure on the entire left side of the building forward such that the canopy on the front left of the building was also pushed forward and out of alignment. 6. The incident and resulting damage to PHC's building was due solely to the negligence of Defendant's driver, acting within the course and scope of his employment with Defendant, in: a. using PHC's property as a "U-turn"; b. failing to pay proper attention to the proximity of his vehicle to PHC's building; C. driving too close to PHC's building; d. driving at an excessive rate of speed; e. striking PHC's building with his truck; f. failing to stop after striking and damaging PHC's building. 7. Defendant is vicariously liable for the negligent acts its employee performed while he was acting within the course and scope of his employment with Defendant. 8. The incident in question was recorded by security cameras at PHC's place of business and a copy of said recording was provided to Defendant. 9. As a result of Defendant's negligence, Plaintiffs sustained damages totaling $11,141.13. Nationwide paid for said damages minus PHC's $1,000.00 deductible and is now subrogated to the right of its insured to collect said damages from the at-fault party, i.e., the Defendant herein. PHC is entitled in its own right to recover its uninsured damages from Defendant. WHEREFORE, Plaintiffs pray for judgment in their favor in the amount of $11,141.13. Respectfully submitted, LAW OFFICE OF SNYDER & DORER r ? o Date: q `^U 'torn ey fo Plaintiffs I.D o. 5555445533 10-013185 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, NATIONWIDE INSURANCE COMPANY A/S/O P. HASTINGS CORPORATION AND P. HASTINGS CORPORATION, INDIVIDUALLY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED USA TRUCK, DEFENDANT VERIFICATION I, Tammy Minzer, verify that I am authorized to make this Verification on behalf of Nationwide and that the statements made in the foregoing Complaint which are within the knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: -L- 2ti1 o ammy nzer Subrogation Representative Nationwide Insurance Company David D. Buelr Prothonotary Office of the Prothonotary Cum6erfand County, Pennsylvania /6 -.s'3 � 8 ORDER OF TERMINATION OF COURT CASES xirkS. Sohonage, !ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 G Carlisle, TA 0 Phone 717 240-6195 0 'FaX 717 240-6573