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Home My WebLink About02-045001HB-00176 LAW OFIqCES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp ltffi, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY~ AS SUBROGEE OF BARBARA L. ROOK VS. TODD ROTH AND MARK NAUGLE, (D DAN?S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW JURy TRIAL DEMANDED NOTICE YOU HAVE BRRN 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 C0m_olaint 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-HS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TRI.~.PHONE THE OFFICE SET FORTH BRI OW TO FIND OUT WHERE YOU CAN GET LEGAL HRI.p. CUMB~.RLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 01HB-00176 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY~ AS SUBROGEE OF BARBARA L. ROOK (PLAINTIFF) VS. TODD ROTH AND MARK NAUGLE, '(DInOSAUrS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- LAW JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Nationwide Mutual Insurance Company is an Ohio Corporation with offices at P.O. Box 2655, 1000 Nationwide Drive, Harrisburg, Pennsylvania 17105. 2. At all times relevant hereto, Plaintiff had in effect a motor vehicle insurance policy with its insured, Barbara L. Rook, an adult individual residing at 410 Cedar Street, Mom Alto, Franklin County, Pennsylvania. 3. Defendant Todd Ruth is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1462 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Mark Naugle is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1464 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 5. The facts and occurrences here'mafter related took place on or about May 11, 2000, at approximately 11:15 p.m., on State Route 34, Cumberland County, Pennsylvania. 6. At that time and place, Barbara Rook was operafmg her motor vehicle, a 1990 Plymouth Voyager, traveling in a northern direction within the lane of travel for northbound traffic on State Route 34. 7. At the same time, Todd Roth was operating a 1971 Oliver farm tractor, owned by Mark Naugle, traveling in a northern direction within the lane of travel for northbound traffic on State Route 34. 8. Before the subject motor vehicle accident, Defendant Mark Naugle, the owner of the subject 1971 Oliver farm tractor, provided Defendant Todd Roth permission to operate the 1971 Oliver farm tractor at hight with an inadequate lighting system. 9. At that fane and place, the lighting system on Mr. Naugle's 1971 Oliver farm tractor was inadequate, given the lighfmg requirements mandated by 75 Pa.C.S.A. §4303, §4307. 10. Given the inadequate lighting on the rear of the subject tractor, Barbara Rook's vehicle impacted the rear of the subject tractor, causing property damage to the vehicle owned by Barbara Rook and insured by PlalntiffNationwide Mutual Insurance Company. COUNT I Nationwide Mutual Insurance Company, as Subrogee of Barbara Rook v. Todd Roth 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated here'm by reference. 12. Defendant Roth knew or should have known that the 1971 Oliver farm tractor was not properly equipped for use on a highway or for use between sunset and sunrise. 13. The foregoing accident and all damages set forth hereinafter sustained by the Plaintiff are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Mr. Roth operated the 1971 Oliver farm tractor as follows: (a) Operating a farm tractor on the highway without two operating rear lamps; (b) Operating a farm tractor between sunset and sunrise without two rotating yellow beacons and four way flashers operating; and (c) Operating a farm tractor in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the negligence of Defendant Todd Roth as more specifically set forth above, the vehicle owned by Nationwide's insured sustained damages in the amount of $13,423.59. 15. As a result of the damage sustained by its insured, Nationwide was contractually obligated to, and in fact, paid its insured, Barbara L. Rook, $13,423.59. 16. The amount in controversy in this lawsuit requires submission to compulsory arbitration. WHEREFORE, PlalntkffNationwide Mutual Insurance Company respectfully requests your Honorable Court to enter judgment against Defendant Todd Roth in the amount of $13,423.59, together with interest, costs and such other relief as deemed appropriate by this Honorable Court. COUNT H - Negligent Entrustment Nationwide Mutual Insurance Company, as Subrogee of Barbara Rook v. Mark Naugle 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference. 18. Defendant Mark Naugle knew or should have known that the 1971 Oliver farm tractor was not properly equipped for use on State Route 34 between sunset and sunrise. 19. Defendant Mark Naugle knew or should have known the use Mr. Roth intended for the 1971 Oliver fan-in tractor and that he would be operating a farm tractor at night without the mandated rear lighting system. 20. Defendant Mark Naugle knew or should have known that Mr. Roth intended to use the 1971 Oliver farm tractor in a manner that created an unreasonable risk of harm to others and as such, Defendant Mark Naugle negligently entrusted his 1971 Oliver farm tractor to Defendant Todd Roth. 21. As a dkect and proximate result of the negligence of Defendant Mark Naugle as more specifically set forth above, the vehicle owned by Nationwide's insured sustained damages in the amount of $13,423.59. 22. As a result of the damage sustained by its insured, Nationwide was contractually obligated to, and in fact, paid its insured, Barbara L. Rook, $13,423.59. 23. The amount in controversy in this lawsuit requires submission to compulsory arbitration. WHEREFORE, PlaintiffNationwide Mumai Insurance Company respectfully requests your Honorable Court to enter judgment against Defendant Mark Naugle in the amount of $13,423.59, together with interest, costs and such other relief as deemed appropriate by this Honorable Court. Date: January_ 25. 2002 Respectfully submitted, LAW OFFICES OF JACOBS & SABA Attorney for plaintiff Identification No. 58867 01I-IB-00176 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY, AS SUBROGEE OF BARBARA L. ROOK (PLAINTIFF) VS. TODD ROTH AND MARK NAUGLE, (DE NDA TS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- LAW JURy TRIAL DEMANDED VERIFICATION I, Mark Long, verify that the statements made in the foregoing plaintiff's Comploint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: /. I1' 6 7- Mar}~ Long, Representative o~ Nationwitde Mutual Insurance Company 01HB-00176 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY~ AS SUBROGEE OF BARBARA L. ROOK (PLAINTIFF) VS. TODD ROTH AND MARK NAUGLE, (DEFENDANTS) IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02- 450 (Cwm T~mvt) CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO DISCO TO ~ PROTHONOTARY: Please mark the above-captioned case discontinued and ended with prejudice. Date: February 14. 2002 LAW OFFICES OF JACOBS & SABA Girard E. Rickards, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorney for Plaintiff Court I.D. 58867 01HB-00176 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp ltill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY~ AS SUBROGEE OF BARBARA L. ROOK (PLAINTIFF) VS. TODD ROTH AND MARK NAUGLE, (DEVE OANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02- 450 (CIVIL TERM) CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiff herein, and that he mused a true and correct copy of ~ to be served by regular fa'st class mail upon: Jeffrey D. Wright, Esquire Wagman, Kreider & Wright 222 East Orange Street P.O. Box 1522 Lancaster, PA 17608-1522 Mark Naugle 1464 Holly Pike Carlisle, PA 17013 Todd Roth 1462 Holly Pike Carlisle, PA 17013 Da/ed: F~bru~_ 14. 2002 Girard E. Rickards, Esquire Attorney for Plaintiff SHERIFF'S RETURN - OUT OF CASE NO: 2002-00450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INS CO VS ROTH TODD ET AL COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT ROTH TODD but was unable to locate Him deputized the sheriff of CENTRE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, serve the within COMPLAINT & NOTICE , to wit: He therefore Pennsylvania, to On May 23rd , 2002 , this office was in receipt of the attached return from CENTRE Sheriff's Costs: Docketing Out of County Surcharge Dep Centre Co 18.00 9.00 10.00 25.50 .00 62.50 05/23/2002 so R. Th~omas Kline Sheriff of Cumberland County NATIONWIDE INSURANCE Sworn and subscribed to before me this $~- day of~ ! ~t~ A.D. · ' Prothonotary' SHERIFF'S RETURN - CASE NO: 2002-00450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INS CO VS ROTH TODD ET AL REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NAUGLE MARK the DEFENDANT at 1123:00 HOURS, at 1464 HOLLY PIKE CARLISLE, PA 17013 MARK NAUGLE on the 29th day of January , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~ day of _~ ~;~ A.D. ~r6thon6tary ~ So Ans,w~ ~ R. Thomas Kline .4 05/23/2002 ~ NATIONWIDE I~UP~kNCE /$ / / -Retu~ this form to C~nberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Nationwide Mutual Insurance C~mpany et al VS. Todd Roth et al SERVE: Todd Roth 02 450 civil No. Now, February 1, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Centre County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ow, within upon by handing to and made known to _'-~ ~J~ Affidavit of Service ,20 0c9,, at ,~ ', / / o'clock ~ M. served the ? . copy of the original the. contents thereof. Sworn and subscribed before me_Lb_is ~'~0 day of ~Y~O3J,.,-200 · ~Y u~ ,,,,,'~,on Expires 8ept. S, ~:OOS Member, Penn$14v~nla gssocia~n of No,aries County, PA COSTS SERVICE MILEAGE AFFIDAVIT $