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Home My WebLink About12-6013NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O JOSEPH EASTON, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1 ~' C.o613 ~i V t I CIVIL ACTION -ARBITRATION GENERATION TRUCKING, INC., ~~ r,? _.~ ~ ~~ DEFENDANT ~` ~ ' '~' ~ ' ` ~ := - . _,.~ _ COMPLAINT - ~ ~~ =`' ~' AND NOW comes the Plaintiff, Nationwide Mutual Insurance Company a/s/o Joseph Easton (hereafter Nationwide), by its attorney, JoAnne E Kinzel, and sets forth the following Complaint: 1. Nationwide is a national insurance company with a principle place of business at 1000 Nationwide Drive, Harrisburg, Pennsylvania 17101. Nationwide provides, among other things, automobile insurance coverage to residents of Pennsylvania. 2. At all times relevant hereto, Nationwide provided automobile insurance to the Joseph Easton pursuant to policy number 58 37 D 263 923. 3. Defendant Generation Trucking, Inc. is an incorporated entity which conducts a truck transport business in, and utilizing the highways and biways of, the Commonwealth of Pennsylvania with a principle place of business located at 4961 Cumberland Highway, Chambersburg, Franklin County, PA. 5 At all times relevant hereto, Defendant Generation Trucking owned, ~,~.~ ~I(~~. 7S ~ C~~.9ia~3 s~ leased, controlled or was otherwise responsible fora 2004 Truck tractor with trailer bearing VIN number SKJJAECK44PM86727 that was involved in a motor vehicle crash at or about 3:09 p.m. on May 10, 2012 on SR 581 at or near mile marker 3.5 in Hampden Township, Cumberland County, PA. 6. At the time and place specified above, Defendant's employee, Roger Alleman, was operating Defendant's truck within the course and scope of his employment along westbound 581 in the left travel lane. 7. At the same time and place, Jennifer Easton, wife of Joseph Easton, was travelling westbound in the right travel lane. 8. Suddenly and without warning, Defendant's driver moved his tractor trailer into the right lane where it struck the left rear corner of the Easton's' 2005 Mercedes Benz causing said vehicle to spin out of control, catapulting it into the left lane where it struck and ricocheted off the center concrete median back into the right lane where it again collided with Defendant's truck. 9. The collision between the two vehicles was due solely to the negligence of Defendant's driver in: a. failing to maintain the tractor trailer in his own lane of travel; b. failing to check for traffic approaching in the right travel lane before moving his tractor trailer from the left to the right lane; c. failing to warn approaching vehicles of his imminent lane change; d. failing to operate his employer's tractor trailer in accordance with the statutes and regulations governing vehicular movements on the roadways of the Commonwealth; e. changing lanes when it was not safe to do so; f. striking the Easton vehicle as it was lawfully proceeding in the right travel lane of SR 581. 10. Defendant Generation Trucking, Inc. is liable for the negligent acts of its employee performed within the course and scope of his employment. 11. Generation Trucking, Inc. is liable for its own negligence in: a. hiring an employee who was not capable of safely operating Defendant's vehicle; b. failing to properly train its employee in the proper method of making safe lane changes when operating a tractor trailer; c. failing to adequately supervise its employee. 12. As a result of Defendant's negligence, Nationwide's insured sustained damages in the amount of $16,732.77. 13. Pursuant to the terms and conditions of its policy with Joseph Easton, Nationwide paid for said damages and is now subrogated to the right of its insured to recover the damages from the at-fault party, i.e., the Defendant herein. WHEREFORE, Nationwide prays judgment in its favor for damages totaling $16,732.77 Respectfully submitted, LAW OFFIC~,.~F SNYDER & DORER Date: September 24, 2012 By: ` JoAn ire Attorney or laintiffs Identific io No. 55453 NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O JOSEPH EASTON, PLAINTIFF V S. GENERATION TRUCKING, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBF,RLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -ARBITRATION VERIFICATION I, Holly Ross, verify that I am authorized to make this Verification on behalf of Nationwide Insurance Company 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 authori l Dated: ~~~1~~V1'`i~3P,Y l~r ~~'l~ ~ ~.,~_ ~~~~,' y M. o ,Esq. Claims Specialist II -Litigation Recovery Nationwide Insurance Company NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O JOSEPH EASTON, PLAINTIFF Vs. GENERATION TRUCKING, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION -ARBITRATION CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant herein, and that she caused a true and correct copy of the attached Complaint to be served by regular first class mail upon: Generation Trucking, Inc. 4961 Cumberland Highway Chambersburg, PA 17202 Date: September 24, 2012 a JoAn .Kin uire Attorn ,#or Plaintiff I .. _ I ~_~~..- ~ ~' I 1 ~~ ,.. ~;-:. NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O JOSEPH EASTON, PLAINTIFF vs. GENERATION TRUrKING, INC., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 12 - 6013 CIVIL CIVIL ACTION -ARBITRATION PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case discontinued and ended. Respectfully submitted, F SNYDER & DORER Date: October 24, 2012 ,JON ZL't~tSgU~ tt ey r laintiffs Iden ific ion No. 55453 t NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O.IOSEPH EASTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF vs. No. 12 - 6013 CIVIL GENERATION TRUCKING, INC., DEFENDANT CIVIL ACTION -ARBITRATION CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff herein, and that she caused a true and correct copy of the attached Praecipe to Discontinue and End to be served by regular first class mail upon: C7eneration Trucking, Inc. 4961 Cumberland Highway Chambersburg, PA 17202 Date: October 24, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~axrx~r of 4~ttp,~r,ytn~ Jody S Smith Chief Deputy ~" = ' ~~` ~.:; ,r Richard W Stewart Solicitor ~~~I~E ~` ~~'~ `~`R'~~ '~~lL~U-~0~~ ICj~ G'(= THE PROTNONE?l~~'~r~`' 7oi~ r~o~ -~ aM s~ ~~ CUMBEPLAND COUNTY PENNSYLVANIA Nationwide Mutual Insurance Company Case Number vs. 2012-6013 Generation Trucking, Inc. SHERIFF'S RETURN OF SERVICE 09/26/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Generation Trucking, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint and Notice according to law. 10/12/2012 10:33 AM -The requested Complaint & Notice served by the Sheriff of Franklin County upon Lorrraine Seiders, Office Manager, who accepted for Generation Trucking, Inc., at 4961 Cumberland Highway, Chambersburg, PA 17202. Return of Service attached to and made part of the within record. SHERIFF COST: $37.45 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CourtySGUte ShenR, 1'eleoso!t, Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00269 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN NATIONWIDE MUTUAL INSURANCE CO VS GENERATION TRUCKING INC DEPUTY ANGEL LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION GENERATION TRUCKING INC was served upon DEFENDANT the at 0010:33 Hour, on the 12th day of October 2012 at 1234 LEASING DRIVE SHIPPENSBURG, PA 17257 by handing to LORRAINE SEIDERS(OFFICE MGR)AT 1234 LEASING DR,SHIPPENSBURG a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 DEPUTY N .00 .00 By .00 De Sheriff .00 10/18/2012 SNYDER AND DORER Sworn and Subscribed to before me th' ~ day of ~' ~~" A.D. e Notary ~, COMMONWEALTH OF PENNSYLVANIA RICHARD D~McC'ARTY, Notary Public Chambeisburq 6oro., FrankUn County My Commission s Jan. 29, 2015