Loading...
HomeMy WebLinkAbout11-7426 RAWLE & HENDERSON LtPi t,-, ,, P THIS IS AN ARBITRATION MATTER By: Diane B. Carvell `?`` ? Identification Nos.: 77983 CUIMPERLAND ,Cup 11-11y The Payne Shoemaker Building PENINSYE.VANIA1 240 N. Third Street, 9' Floor Harrisburg, PA 17101 (717) 234-7700 dcarvell@rawle.com SCHNEIDER NATIONAL CARRIERS, INC., Plaintiff vs. JOSE ARIAS Attorneys for Plaintiff, Schneider National Carriers, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No./) - 7q)& e'-" L -TerM Defendant 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. 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 LAWYER REFERRAL SERVICE 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 AVISO La han demandado a usted en la corta. Si usted quiere defenderse de estas de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomard medidas y puede continuar la demanda en contra suya sin prevlo avlso o noficicaci6n. AdemSs, la corte puede decidir a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE LICENCIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMAC1ON LEGAL 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 4867828-1 d ? 9?•oopd 2# 2?5?38 Diane B. Carvel , Esquire Identification No.: 77983 RAWLE & HENDERSON, LLP The Payne Shoemaker Building 240 North Third Street, 9t' Floor Harrisburg, PA 17101 Telephone: (717) 234-7700 Counsel for Plaintiff, Schneider National Carriers, Inc. Dated: 4867828-1 2 RAWLE & HENDERSON LLP By: Diane B. Carvell Identification Nos.: 77983 The Payne Shoemaker Building 240 N. Third Street, 9t' Floor Harrisburg, PA 17101 (717) 234-7700 dcarvell@rawle.com THIS IS AN ARBITRATION MATTER Attorneys for Plaintiff, Schneider National Carriers, Inc. SCHNEIDER NATIONAL CARRIERS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff VS. CIVIL ACTION No. JOSE ARIAS Defendant COMPLAINT 1. Plaintiff, Schneider National Carriers, Inc., hereinafter ["Schneider"] is a Wisconsin corporation with its principal place of business at 3101 Packerland Drive, Green Bay, WI 54313. 2. At all relevant times hereto, Schneider National Carriers, Inc. was in the business of owning and operating tractors and trailers. 3. Defendant, Jose Arias (hereinafter referred to as "Arias"), is an adult individual who resides at 5454 Peterson Lane, Apt. 2029, Dallas, TX 75240-5131. 4. On or about November 16, 2010, defendant, Arias, owned and was driving a 1994 Isuzu Rodeo and was towing another vehicle. 5. On or about November 16, 2010 at approximately 7:20 a.m., Arias was driving the 1994 Isuzu Rodeo and towing another vehicle in the left lane of Interstate 81 south at approximately milemaker 39 in Penn Township, Cumberland County, Pennsylvania. 6. At the aforementioned time and place, while Arias was driving the 1994 Isuzu 4867828-1 Rodeo and towing another vehicle, the tow hitch broke, the towed vehicle separated from the Isuzu Rodeo, and Arias lost control of the vehicle he was driving and the vehicle he was towing. 7. The vehicle owned and driven by Arias became out of control and left the left lane and entered the right lane in front of a tractor trailer owned by plaintiff, Schneider National Carriers, Inc. 8. The driver of the tractor trailer owned by Schneider National Carriers, Inc. swerved but was unable to avoid defendant's out of control vehicle that had suddenly entered the right lane. 9. The driver of the Schneider tractor trailer was faced with a sudden emergency and a collision occurred between plaintiff's tractor and the vehicle(s) owned, driven and/or towed by Arias. 10. As a result of the collision caused by the defendant, the tractor owned by Schneider sustained severe damage, causing Schneider to expend various expenses and costs. 11. The aforementioned accident was caused by the negligence and carelessness of the defendant, and it was due in no manner whatsoever to any act or failure to act on the part of plaintiff, its agents, servants and/or employees. COUNT I - NEGLIGENCE PLAINTIFF, SCHNEIDER NATIONAL CARRIERS, INC. V. DEFENDANT, JOSE ARIAS 12. Plaintiff hereby incorporates by reference Paragraphs 1 through 11 of its Complaint as though set forth at length herein. 13. The negligence and carelessness of defendant, Arias, consisted of the following: a. Failing to properly secure the towing vehicle; 4867828-1 2 b. Failing to ensure that the towed vehicle would not separate from the towing vehicle; C. Using a rusted or otherwise defective tow hitch; d. Failing to ensure that the tow hitch was functioning properly; C. Operating his vehicle at a speed in excess of that which was considered reasonable and prudent under the circumstances; f. Failing properly to steer his vehicle; g. Failing to properly operate his vehicle; h. Failing to properly install or attach the tow hitch; i. Failing to properly hitch the towed vehicle to the towing vehicle; j. Failing to properly use the tow hitch; k. Failing to stay within his lane of travel; 1. Failing to keep his vehicle under control at all times relevant hereto; M. Failing to sound his horn, use signals or otherwise adequately warn of a problem; n. Failing to keep the towed vehicle attached to the towing vehicle; o. Failing to avoid striking a vehicle; P. Failing to use due and reasonable care under the circumstance; q. Failing to obey the federal highway laws, the laws of the Commonwealth of Pennsylvania and the laws of Cumberland County, Pennsylvania applicable under the circumstances; r. Failing to be attentive; S. Failing to keep defendant's vehicle under safe and proper control; and t. Towing a vehicle while knowing that the tow hitch was old and/or rusted and/or was not properly functioning. 4867828-1 3 14. As a direct and proximate result of the aforesaid carelessness and negligence, plaintiff, Schneider National Carriers, Inc., suffered damages to its tractor trailer and related expenses, costs and losses in the amount of Twenty Seven Thousand One Hundred Two Dollars and Eleven Cents ($27,102.11). WHEREFORE, plaintiff, Schneider National Carriers, Inc., demands judgment against defendants, jointly and severally, in the amount of Twenty Seven Thousand One Hundred Two Dollars and Eleven Cents ($27,102.11) plus costs of this action, attorneys' fees where authorized by law and statute, and such other relief as the court may deem appropriate. Respectfully submitted, Dated: September 27, 2011 RAWLE & HENDERSON LLP a By: Diane B. Carv1 Attorneys for laintiff, Schneider National Carriers, Inc 4867828-1 4 VERIFICATION I, Lawrence J. Sacotte, Jr., am a representative of Schneider National Carriers, Inc. In that capacity, I am authorized to make this verification for and on behalf of Schneider National Carriers, Inc.; that I have read the foregoing Complaint and know the contents thereof; that the information forming the basis of the foregoing answer is not solely within my personal knowledge and is not within the personal knowledge of any single person at Schneider National Carriers, Inc.; rather, the information was obtained from multiple sources by Schneider National Carriers, Inc., its employees and agents, and I am informed and believe that the matters stated therein are true, correct and complete. The undersigned understands that the statements made herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Lawrence J. Sacotte, Jr. Dated: September 16, 2011 4867828-1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint was served upon the below listed parties/counsel this c I day of September, 2011, by Certified Mail, postage prepaid: Jose Arias 5454 Peterson Lane, Apt. 2029 Dallas, TX 75240-5131. Dated: September (9-1, 2011 RAWLE & HENDERSON LLP By: Diane B. C e , Esquire AIAA Attorney for plaintiff, Schneider National Carriers, Inc. 4867828-1 RAWLE & HENDERSON By: Diane B. Carvell Identification Nos.: 77983 The Payne Shoemaker Buildi 240 N. Third Street, 9t' Floor Harrisburg, PA 17101 (717) 234-7700 dcarvell@rawle.com SCHNEIDER NATIONAL CARRIERS, INC., Plaintiff vs. JOSE ARIAS THIS IS AN ARBITRATION MATTER Attorneys for Plaintiff, Schneider National Carriers, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTIO,,N//4 / // i '? No. //- W' 11 v P CIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the C mplaint of Schneider National Carriers, Inc. against Jose Arias in the above captioned matter. c Respectfully submitted, ;0 r' . r? -,, Z cnr- RAWLE & HENDERSON LLP ?? C) x By: Diane B. C ell, Esquire Attorney for plaintiff, Schneider National Carriers, Inc. Dated: December 21, 2011 IC). 00 rd? /f Ch4 5094659-1 Supreme C oai-' i nnsylvania k Con leas .J C County ?s The information collected on his form is used solely for court administration purposes. This form does not supplement or replace the filin and service of pleadings or nther nnnor.e nc rantlira.l h„ tn,., nr rv,tac of nnvrt Commencement of Action: © Complaint ? Writ o f Summons O Petition ? Transfer from Another Jurisdic tion ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Schneider National Carriers, Inc . Jose Arias Are money damages request ed? Yes ? No Dollar Amount Requested: (]within arbitration limits (check one) ?outside arbitration limits Is this a Class Action Suit? ? Yes El No Is this an MDJAppeal? ? Yes 0 No Name of Plaintiff/Appellant's ttomey: Diane B. Carvell, Esquire - Rawle & Henderson LLP E3 Check her if you have no attorney (are a Self-Represented [Pro Sep Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include mass Tort) ® Intentional 0 Malicious Prosecution ® Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not mass tort) ? Slander/Libel/ Defamation ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ® Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure: Residential ? Mortgage Foreclosure: Commercial ? Partition ? Quiet Title ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ® Dept. of Transportation Statutory Appeal: Other ? Zoning Board ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ® Mandamus Non-Domestic Relations Restraining Order E3 Quo Warranto ? Replevin © Other: Updated 1/1/2011 NOTICE Pennsylvania Rule of ivil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Co r Sheet (a)(1) This rule s 11 apply to all actions governed by the rules of civil procedure except the following: (i) (ii) 1915.1 et seq. (iv) actii (v) actii 1930.1 et seq. (vi) volt (2) At the com the cover sheet set forth in (b) The prothoi completed cover sheet. pursuant to the Protection from Abuse Act, Rules 1901 et seq. for support, Rules 1910.1 et seq. for custody, partial custody and visitation of minor children, Rules for divorce or annulment of marriage, Rules 1920.1 et seq. in domestic relations generally, including paternity actions, Rules mediation in custody actions, Rules 1940.1 et seq. ;ment of any action, the party initiating the action shall complete vision (e) and file it with the prothonotary. shall not accept a filing commencing an action without a (c) The prothon tary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promul ated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court A nistrator of Pennsylvania, in eonjttnetiair-with the Civil Procedural Rules Committee, shall deli and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. RAWLE & HENDERSQ By: Diane B. Carvell Identification Nos.: 77983 The Payne Shoemaker Bu: 240 N. Third Street, 9th Fl, Harrisburg, PA 17101 (717) 234-7700 dcarvell@rawle.com SCHNEIDER NATION CARRIERS, INC., Plaintiff vs. JOSE ARIAS LLP THE PRO t HON " fi1yS IS AN ARBITRATION MATTER 2? P 1 cf P 28 F1q ! 9 UMBERLAND COUN'T'Y PENNSYLVANIA Attorneys for Plaintiff, Schneider National Carriers, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL AC'T'ION No. l/- ??6 C/ ui ?r? 7 NOTICE You have been sued in court. If you 1 days after this complaint and notice o your defenses or objections to the cla judgment may be entered against you requested by the plaintiff. You may 14 YOU SHOULD TAKE THIS PAPER GO TO OR TELEPHONE THE OFFI, La han demandado a usted en la corta. veinte (20) dies de plazo al partir de la abogado y entregar a la torte en forma e se defiende, la torte tomard medidas y decidir a favor del demandante y requ propiedades u otros derechos importante t to defend against the claims set forth in the following pages, you must take action within twenty (20) served, by entering a written appearance personally or by attorney and filing in writing with the court set forth against you. You are warned that if you fart to do so the case may proceed without you and a the court without further notice for any money claimed in the complaint or for any other claim or relief money or property or other rights important to you. ) YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 AVISO Si usted quiere defenderse de estas de estas demandas expuestas en las pSginas siguientes, usted tiene eeha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un crita sus defensas o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no puede continuar la demanda en contra suya sin prevlo avlso o noficicaci6n. AdemBs, la torte puede ere que usted compla con todas las provisiorns de esta demander Usted puede perder dinero o sus para usted. LLEVE ESTA DEMANDA A UN OGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SE RV I . VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIlZECCI6N SE ENCUENTRA ESCRITA ABAJO P AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIAC16N DE LICENCIADOS DE FILADELFIA ?RVICIO DE REFERENCIA E INFORMAC16N LEGAL 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 4867828-1 Diane B. Carvel , Esquire Identification No.: 77983 RAWLE & HENDERSON, LLP The Payne Shoemaker Building 240 North Third Street, 90' Floor Harrisburg, PA 17101 Telephone: (717) 234-7700 Counsel for Plaintiff, Schneider National Carriers, Inc. Dated: 4867828-1 2 RAWLE & HENDERS By: Diane B. Carvell Identification Nos.: 77983 The Payne Shoemaker B 240 N. Third Street, 90' Fl Harrisburg, PA 17101 (717) 234-7700 dcarvell@rawle.com SCHNEIDER NATION CARRIERS, INC., Plaintiff JOSE ARIAS LLP THIS IS AN ARBITRATION MATTER Attorneys for Plaintiff, Schneider National Carriers, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION COMPLAINT 1. Plaintiff, S hneider National Carriers, Inc., hereinafter ["Schneider"] is a Wisconsin corporation wit its principal place of business at 3101 Packerland Drive, Green Bay, WI 54313. 2. At all relevant times hereto, Schneider National Carriers, Inc. was in the business of owning and operating tr tors and trailers. 3. Defendant, :se Arias (hereinafter referred to as "Arias"), is an adult individual who resides at 5454 Peterso Lane, Apt. 2029, Dallas, TX 75240-5131. 4. On or about ovember 16, 2010, defendant, Arias, owned and was driving a 1994 Isuzu Rodeo and was towink another vehicle. 5. On or about November 16, 2010 at approximately 7:20 a.m., Arias was driving the 1994 Isuzu Rodeo and towing another vehicle in the left lane of Interstate 81 south at approximately milemaker 3 in Penn Township, Cumberland County, Pennsylvania. 6. At the afore entioned time and place, while Arias was driving the 1994 Isuzu 4867828-1 Rodeo and towing anoth r vehicle, the tow hitch broke, the towed vehicle separated from the Isuzu Rodeo, and Arias to t control of the vehicle he was driving and the vehicle he was towing. 7. The vehicl owned and driven by Arias became out of control and left the left lane and entered the right ane in front of a tractor trailer owned by plaintiff, Schneider National Carriers, Inc. 8. The driver of the tractor trailer owned by Schneider National Carriers, Inc. swerved but was unable to avoid defendant's out of control vehicle that had suddenly entered the rght-?a1re: _ 9. The driver f the Schneider tractor trailer was faced with a sudden emergency and a collision occurred betwe n plaintiffs tractor and the vehicle(s) owned, driven and/or towed by Arias. 10. As a result Schneider sustained severe 11. The aforem the defendant, and it was d plaintiff, its agents, servant 12. Plaintiff Complaint as though set 13. The negli a. F, of the collision caused by the defendant, the tractor owned by lamage, causing Schneider to expend various expenses and costs. ,itioned accident was caused by the negligence and carelessness of .e in no manner whatsoever to any act or failure to act on the part of and/or employees. COUNT I - NEGLIGENCE SCHNEIDER NATIONAL CARRIERS, INC. V. DEFENDANT, JOSE ARIAS )y incorporates by reference Paragraphs 1 through 11 of its at length herein. and carelessness of defendant, Arias, consisted of the following: to properly secure the towing vehicle; 4867828-I 2 b. Failing to ensure that the towed vehicle would not separate from the to g vehicle; C. Us' g a rusted or otherwise defective tow hitch; d. Fail g to ensure that the tow hitch was functioning properly; e. Op ating his vehicle at a speed in excess of that which was considered reas nable and prudent under the circumstances; f. Fail ng properly to steer his vehicle; g. Fail ng to properly operate his vehicle; h. Fail ng to properly install or attach the tow hitch; i. Fail' g to properly hitch the towed vehicle to the towing vehicle; j. Fail' g to properly use the tow hitch; k. Fail' g to stay within his lane of travel; 1. Faili g to keep his vehicle under control at all times relevant hereto; M. Failing to sound his horn, use signals or otherwise adequately warn of a -L - - n. Faili g to keep the towed vehicle attached to the towing vehicle; o. Faili g to avoid striking a vehicle; P. Fail;able g to use due and reasonable care under the circumstance; q. Failg to obey the federal highway laws, the laws of the Commonwealth of nnsylvania and the laws of Cumberland County, Pennsylvania appunder the circumstances; r. Fail' g to be attentive; S. Fail' g to keep defendant's vehicle under safe and proper control; and t. To g a vehicle while knowing that the tow hitch was old and/or rusted and/ r was not properly functioning. 4869828-1 3 14. As a direc? and proximate result of the aforesaid carelessness and negligence, plaintiff, Schneider Natio al Carriers, Inc., suffered damages to its tractor trailer and related expenses, costs and losses in the amount of Twenty Seven Thousand One Hundred Two Dollars and Eleven Cents ($27,10 .11). WHEREFORE, pl intiff, Schneider National Carriers, Inc., demands judgment against defendants, jointly and se erally, in the amount of Twenty Seven Thousand One Hundred Two Dollars and Eleven Cents 27,102.11) plus costs of this action, attorneys' fees where authorized by law and statute, and >ther relief as the court may deem appropriate. Respectfully submitted, RAWLE & HENDERSON LLP By:? Diane B. Carv 1 Attorneys for laintiff, Schneider National Carriers, Inc Dated: September 27, 20111 4867828-1 4 VERIFICATION I, Lawrence J. :acotte, Jr., am a representative of Schneider National Carriers, Inc. In that capacity, I am au orized to make this verification for and on behalf of Schneider National Carriers, Inc.; that I ha a read the foregoing Complaint and know the contents thereof; that the information forming t e basis of the foregoing answer is not solely within my personal knowledge and is not 'thin the personal knowledge of any single person at Schneider National Carriers, Inc.; rather, th information was obtained from multiple sources by Schneider National Carriers, Inc., its emplo ees and agents, and I am informed and believe that the matters stated therein are true, correct d complete. The undersigne understands that the statements made herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Lawrence J. Sacotte, Jr. Dated: September 16, 2011 4867828-1 I hereby certify the below listed prepaid: CERTIFICATE OF SERVICE a true and correct copy of the foregoing Complaint was served upon .Insel this V?d y of September, 2011, by Certified Mail, postage Jose Arias 5454 Peterson Lane, Apt. 2029 Dallas, TX 75240-5131. RAWLE & HENDERSON LLP Dated: September ff 4867828-1 I By: Diane B. C e , Esquire Attorney for plaintiff, Schneider National Carriers, Inc. FILED- Qd??xpAR'1 ENDERSON L ?R RAWLE & H I J"E HIS IS AN ARBITRATION MATTER By: Diane B. Carvell 77983 i N if d QM,?' h t DEC 2? os.: icat on I ent maker Buildin Sh P Th SY g oe ayne e 240 N. Third Street, Floor cu PENMBE?LNSY V0%A Attorneys for Plaintiff, Harrisburg, PA 17101 Schneider National Carriers, Inc. (717) 234-7700 dcarvell@rawle.com SCHNEIDER NATIONAL CARRIERS, INC., Plaintiff vs. JOSE ARIAS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 11-7426 Civil Term Defendant PROOF OF SERVICE I, Diane B. Carvell, hereby certify that a true and correct copy of the Complaint was served on defendant JOSE ARIAS, by placing it in a postage prepaid envelope, certified mail, return receipt requested, addressed to Jose Arias, Jose Arias Auto Repair, 3419 Singleton Blvd., Dallas, TX 75212-3642 and depositing it in a U.S. Post Box on December 13, 2011. A true and correct copy of the Return Receipt ("green card") for service by mail signed and dated December 17, 2011 by Jose Arias is attached hereto. Rawle & Henderson, LLP By: Diane B. C ell, Esquire Attorney for Plaintiff Dated: 7 I verify that the statements in this proof of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. 5104335-1 y' .i F? t? O*N Q O C7 l a O C3 M W IX L-A RAWLE & HENDERSON LLP By: Diane i8. Carvell Identification Nos.: 77983 The Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, P A~ 17101 (717) 234-7700 dcarvell~rawle.com SCHNEIDER NATIONAL CARRIERS, IZVC., Plaintiff THIS IS AN ARBITRATION MATTER Attorneys for Plaintiff, Schneider National Carriers, Inc. IN THE COURT OF COMMON PL;EAS CUMBERLAND COUNTY, PA CIVIL ACTION - vs. : No. 11-7426 Civil Term ~_ • _ ,_~ - . -~ ~~ _ . JOSE ARIAS - - ; ., ~~~ ; - :Defendant `• ~ -„ • ~~ _ ,_ , PRAECIPE TO VACATE ~' ~ ~' '~_ DEFAULT JUDGMENT AGAINST DEFENDANT, JOSE ARIAS ~ ~._ - TO THE PROTHONOTARY: Please ~~ACATE the February 8, 2012 default judgment in favor of Plaintiff`., Schneider National Carriers, Inc., and against Defendant, Jose Arias, for failure to answer or otherwise respond to the Complaint. Respectfully submitted, RAWLE & HENDERSON LLP Diane B. Carvell Attorneys for Plaintiff, Schneider National Carriers, Inc Dated: October , ~-,~'`~ ~ , 2012 5940657-I { ~ q ~vpd CERTIFICATE OF SERVICE l hereE~y certify that a true and correct copy of the foregoing Praecipe to Enter Default Judgment Against Jose Arias was sent by U.S. First Class Mail, postage prepaid and Certified Mail, Return F.eceipt Requested, to the following listed below. Jose Arias Jose Arias Auto Repair 3419 Singleton Blvd. Dallas, TX 75212-3642 RAWLE & HENDERSON -.-.r - ,. ~ y __ Diane B. Ca ell, Esquire Attorneys for Plaintiff Schneider National Carriers, Inc. Date: October '2,5, 2012 5940657-1