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Home My WebLink About05-1020 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION PROGRESSNE CASUALTY INSURANCE COMPANY, Subrogee of Troy Conger Plaintiff, CASE NO: 65' - /O~() (!l(')~~~ v. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION MARK HAPEMAN and WERNER ENTERPRISES Defendants. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: MICHAEL J. DOUGHERTY, ESQUIRE Pa. I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR #04097083 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of TROY CONGER Plainti ff vs, Civil Action No. MARK HAPEMAN AND WERNER ENTERPRISES Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 an 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. OF 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249,3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROGRESSIVE CASUALTY INSURANCE COMPANY, Subrogee of Troy Conger CASE NO: Plaintiff, v. TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION MARK HAPEMAN and WERNER ENTERPRISES Defendants, COMPLAINT IN CIVIL ACTION AND NOW COMES, Plaintiff by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A" and hereby files this Complaint against Defendants jointly and severally. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Progressive Casualty Insurance Company ("Progressive"), is a corporation with a registered office located at P.O. Box 43258, Richmond Heights, Ohio. 2. Defendant, Mark Hapeman, is an adult individual with a last known address of 23 East 1'\ Street, Wyoming, Pennsylvania 18644. 3. Defendant, Werner Enterprises, is business organization licensed and authorized to conduct business in the State of Nebraska and Commonwealth of Pennsylvania and having as one of its places of business P. O. Box 45308, Omaha, Nebraska 68145. 4. Progressive issued a policy of insurance where Progressive agreed to insure a 2001 Chevrolet Silverado ("Insured Vehicle"), owned by Plaintiffs insured. 5. On or about May 25, 2004 the motor vehicle owned by Defendant, Werner Enterprises, and operated by Defendant, Mark Hapeman, did negligently, carelessly and/or recklessly collide with the Progressive Insured's vehicle at or near 485 St. John's Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 6. At all times material hereto Defendant, Hapeman, was acting individually and/or as the agent, servant, workman and/or employee of Defendant, Werner Enterprises, and in the course and scope of his employment. 7. As a direct and proximate result of Defendants' negligence, the Progressive's Insured vehicle sustained property damage and rental charges in the amount of$1408.12. 8. Pursuant to the terms and conditions of the insurance policy, Progressive paid the sum of $728.12 for property damage to the Insured vehicle. A true and correct copy of the payment and damage documentation is attached hereto and marked as Exhibit "I". 9. The insured also sustained damages of$500.00 representing his deductible, 10. Pursuant to the terms and conditions of the insurance policy, Progressive also paid rental charges incurred on behalf of their Insured in the amount of $180.00. A true and correct copy of the payment documentation is attached hereto and marked as Exhibit "2". 11. Pursuant to the insurance policy issued by Progressive and as a result of said aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendants. 12. Pursuant to Progressive's right of subrogation, Progressive is presently due and owed from Defendants the sum of$1,408.12. 13. Repeated demands have been made upon Defendants for payment of the aforesaid sum; however, Defendants have willfully failed and refused to pay the sum due and owing to Progressive. WHEREFORE, Plaintiff demands Judgment against Defendants jointly and severally the amount of $1,408.12 and costs. TillS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. .\ ! WELlMAN, WEINBERG & 1'-rs, CO., L.P.A. Respectfully Submitted: :' Mi el J. oughert)/, Esquire PA LD. 76046 j 325 Chestnut Street Suite 1120 Philadelphia, PA 19106 (215) 599-1500 WWR#04097083 Date: 08/31/200409:20 AM Estimate 10: 04-3031167-01 Estimate Version: 1 Supplement: 1 (F) 08/31/200409:15:44 AM Profile 10: Mech:all part types .IOIIESSnftIISUIIICI 5053 RITTER ROAD MECHANICSBURG, PA 17505 (717) 697,8298 Damage Assessed By: LICENSE #263034 NICHOLE FLICK Supplemented By: LICENSE #151141 SCOTT WITHJACK Claim Rep: NICHOLE FLICK (717) 791-5157 Product Type Auto Date of Loss: OS/25/2004 Contact Date: 08/31/2004 Deductible: 500.00 Days to Repair: 4 Policy No: 57371158-001 Insured: TROY CONGER Address: 437 BROOK CIR RD MECHANICSBURG, PA 17050 Telephone: Home Phone: (717) 497-4467 2001 Chevrolet Pickup Silverado C1500 LS 40 PkupXCb 8' Bed 157" WB 2GCEC19T611360119 45,676 A WHITE ANTI-LOCK BRAKE SYS. (ABS), ALUM/ALLOY WHEELS, AIR CONDITIONING, POWER STEERING POWER WINDOWS, POWER DOOR LOCKS, TILT STEERING WHEEL, CRUISE CONTROL AUTOMATIC TRANSMISSION, STEP BUMPER, AM-FM STEREO/CDPLAYER(SINGLE), FOG LIGHTS PASSENGER,FRONT AIR BAG, 2,DOOR PICKUP, DRIVER,FRONT AIR BAG Description: Body Style: VIN: Mileage: OEMlAL T: Color: Options: Line Entry Labor Item Number Type Operation S11 2 3 502238 BOY REF REF S14 S15 S1 6 7 S1 8 9 S1 10 500281 REF 500284 REF 500296 BOY REF 503564 BOY 936012 REMOVE/REPLACE REFINISH REFINISH BLEND REFINISH REPAIR REFINISH REMOVE/INSTALL ADD'L COST S1 11 REF ADD'L OPR 12 ADD'L COST S1 13 900500 BDS" ALIGN Claim Number: 04.3031167-01 Mitchell Service: 915495 Vehicle Production Date: Drive Train: License: 00/01 5.3L Inj 8 CyI 2WD EZP 2155 PA Search Code: MECHANICS1 Line Item Description HOOD HOOD PANEL HOOD OUTSIDE HOOD UNDERSIDE FRONT FENDER R FENDER OUTSIDE L FENDER EDGE L FENDER PANEL L FENDER OUTSIDE L FENDER BONDING STRIP INCL CLEAN AND RE-TAPE HAZARDOUS WASTE DISPOSAL ADDITIONAL OPERATIONS CLEAR COAT PAINT/MATERIALS CAR COVER Part Type/ Part Number Dollar Labor Amount Units ** Non~OEM CAPA 289.00 1.1 C 3.1 C 1.6 Existing C 0.8 C 0.6" 5.0'# C 1.6 0.4* Existing 3.00' 2.5 Sublet 183,60 " 3.00' 0,3" . - Judgement Item # ' Labor Note Applies .. Non,OEM CAPA - Non-Original Equipment Manufacturer Replacement Part, CAPA Certified C - Included in Clear Coat Calc . This estimate has been re-calculated with a modified profile. ESTIMATE RECALL NUMBER: 06/04/200411:08:23 04.3031167-01 Ultra Mate is a Trademark of Mitchelllntemational Mitchell Data Version: AUG 04 A Copyright (C) 1994 M 2002 Mitchell International UltraMate Version: 4.8.013 - All Rights Reserved Page 1 of 4 Date: 08/31/200409:20 AM Estimate 10: 04.3031167-01 Estimate Version: 1 Supplement: 1 (F) 08/31/200409:15:44 AM Profile 10: Mech:all part types KEYSTONE AUTOMOTIVE 575 MARYLAND AVE. YORK PA 17404 (717) 843-8927 (800) 524-4349 .. GM1230234P+ 289.00 Prior Damage LFT REAR CORNER OF BED UNDER TAILLAMP ** PART TYPE TERMS AND ABBREVIATIONS ** NEW OR OEM OR PART NUMBER DISPLAYED--THESE REFER TO A NEW ORIGINAL EQUIPMENT MANUFACTURER PART. NON-OEM, AIM AND QUAL REPL--THESE REFER TO AN AFTERMARKET PART, WHICH IS A NEW, NON-ORIGINAL EQUIPMENT MANUFACTURER PART. USED/RECYCLED AND LKQ--THESE REFER TO A USED/RECYCLED OEM PARTS THAT HAVE BEEN REFURBISHED, BDY=BODY, BDS=BODY STRUCTURE, REF=REFINISH, GLS=GLASS, FRM=FRAME, MCH=MECHANICAL, ADD'L COST=ADDITIONAL COST, ADD'L OPR=ADDITIONAL OPERATION, FRT=FRONT, RR=REAR, L=LEFT, R=RIGHT,UPR=UPPER,LWR=LOWER, OTR=OUTER, INR= INNER , ASSY=ASSEMBLY, SUSP=SUSPENSION, EXT=EXTENSION, BRK=BRACKET, INST=INSTRUMENT, ATG=ASSEMBLY TIME GUIDE. l. Labor Subtotals Body Bdy-S Refinish Units 6.5 0..3 10.2 Rate 40.00 40.00 40.00 Add'l Labor Amount 0.00 0.00 0,00 Sublet Amount 0.00 3.00 0.00 Totals 260.00 T 15.00 T 408.00 T 683.00 40.98 723.98 II. Part Replacement Summary Taxable Parts Sales Tax @ 6.000% Amount 289.00 17.34 Total Replacement Parts Amount 306.34 Taxable Labor Labor Tax @ 6.000 % Labor Summary 17.0 Total Additional Casts Amount IV. Adjustments Amount 186.60 Insurance Deductible 500.00- @ 6.000% 11.20 Customer Responsibility 500,00- 197.80 I. Total Labor: 723.98 II. Total Replacement Parts: 306.34 III. Total Additional Costs: 197.80 Gross Total: 1,228.12 IV. Total Adjustments: 500.00, Net Total: 728.12 Less Original Net Tota!: 5>\6.22 Net Supplement Amount: 181.90 51: LICENSE #151141 SCOTTWITHJACK 181.90 Ill. Additional Costs Taxable Costs Sales Tax This estimate has been re-calculated with a modified profile. ESTIMATE RECALL NUMBER: 06/04/200411:08:23 04-3031167-01 Ultra Mate is a Trademark of Mitchell International Mitchell Data Version: AUG 04 A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.013 - All Rights Reserved Page 2 of 4 Date: 08/31/200409:20 AM Estimate 10: 04,3031167-01 Estimate Version: 1 Supplement: 1 (F) 08/31/200409:15:44 AM Profile 10: Mech:all part types THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS, RATHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. Point's) of Impact 11 Left Front Corner (P) Inspection Site: BRANCH Address: 5053 RITTER ROAD, STE 101 MECHANICSBURG, PA Inspection Date: 06/04/2004 Body Shop: Sutliff Chevrolet Address: 13th and Paxton Street Harrisburg, PA 17105 Telephone: (717) 234-4444 THE VEHICLE OWNER MAY BE RESPONSIBLE FOR ADDITIONAL COST ABOVE THE APPRAISED AMOUNT. THERE IS NO REQUIREMENT TO USE A SPECIFIC REPAIR SHOP, HOWEVER, THE INSURER CAN PROVIDE A LIST OF REPAIR SHOPS THAT WILL BE ABLE TO REPAIR THE VEHICLE TO ITS PRE-DAMAGE CONDITION. THIS APPRAISAL MAY INCLUDE AFTERMARKET CRASH PARTS AS REPLACEMENT PARTS. IF THE USE OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART THAT IT REPLACES, OR ANY OTHER PART, THAN THE AFTERMARKET PART LISTED ON THIS ESTIMATE WILL HAVE A WARRANTY THAT MEETS OR EXCEEDS THE WARRANTY OF THE ORIGINAL MANUFACTURER. AFTERMARKET PART DESCRIPTIONS ON THIS APPRAISAL ARE PRECEDED WITH A!M. AN AFTERMARKET CRASH PART IS A NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. IF FRAME OR UNIBODY REPAIR IS INCLUDED ON THIS ESTIMATE, THE AMOUNT SHOWN INCLUDES TIME OR ALLOWANCE FOR MEASURING BEFORE, DURING AND AFTER THOSE REPAIRS. LIFETIME GUARANTEE FOR SHEET METAL AND PLASTIC BODY PARTS The replacement parts written on the estimate are intended to return your vehicle to its pre-loss condition with proper installation. After repair, if any sheet metal or plastic body part included in the estimate fails to return your vehicle to its pre-loss condition (assuming proper installation), in terms of form, fit, finish, durability or functionality, progressive will arrange and pay for the replacement of the part, to the extent not covered by a manufacturer's or other warranty. This service will be performed at no cost to you (including associated repair and rental car costs). To obtain service under this Guarantee, call Progressive at 1-BOO-274-4641. This Guarantee applies as long as you own or lease the vehicle. This Guarantee is not transferable and terminates if you sell or otherwise transfer your This estimate has been re-calculated with a modified profile. ESTIMATE RECALL NUMBER: 06/04/200411:08:23 04-3031167,01 Ultra Mate is a Trademark of Mitchell International Mitchell Data Version: AUG_04_A Copyright (C) 1994 - 2002 Mitchelllntemational UltraMate Version: 4.8.013 All Rights Reserved Page 3 of 4 vehicle. THIS GUARANTEE DOES NOT COVER NORMAL WEAR AND TEAR OR DAMAGE CAUSED BY IMPROPER MAINTENANCE, NEGLECT, ABUSE OR SUBSEQUENT ACCIDENT. THIS GUARANTEE IS LIMITED TO ARRANGING FOR THE SELECTION OF REPAIR PARTS THAT WILL RETURN YOUR VEHICLE TO ITS PRE-LOSS CONDITION. ACCORDINGLY, PROGRESSIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE INSTALLATION OR USE OF THESE PARTS. Date: 08/31/200409:20 AM Estimate ID: 04.3031167-01 Estimate Version: 1 Supplement: 1 IF) 08/31/200409:15:44 AM Profile 10: Mech:all part types THIS ESTIMATE REPRESENTS AN AGREED PRICE BASED ON ALL KNOWN DAMAGES AT THIS TIME. THE REPAIRER AGREES TO COMPLETE AND GUARANTEE ALL LISTED REPAIRS, AND ALL TOWING AND STORAGE CHARGES INCLUDED IN THIS ESTIMATE. ***THIS IS NOT AN AUTHORIZATION OF REPAIR.*** ***NO SUPPLEMENTS WITHOUT PRIOR AUTHORIZATION OR REINSPECTION.*** PROGRESSIVE WILL ONLY BE RESPONSIBLE FOR ADDITIONAL STORAGE OR MISC. HANDLING CHARGES WHEN WARRANTED UP TO TWO DAYS POST THIS APPRAISAL DATE IN BOTH REPAIRABLE AND TOTAL LOSS SITUATIONS. ANY PERSON WHO KNOWINGLY AND WITH OTHER PERSON FILES AN APPLICATION ANY MATERIALLY FALSE INFORMATION INFORMATION CONCERNING ANY FACT ACT, WHICH IS A CRIME AND SUBJ REPAIR SHOP MANAGER'S SIGNATURE INTENT TO DEFRAUD ANY INSURANCE COMPANY OR FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING R CONCEALS FOR THE PURPOSE OF MISLEADING, TERIAL THERETO COMMITS A FRAUDULENT INSURANCE S THE PERSON TO CRIMINAL AND CIVIL PENALTIES. APPRAISER SIGNATURE ESTIMATED COMPLETION DATE db/vq WARNING: Accidental air bag deployment is possible. Personal injury may result. Avoid area near steering wheel and instrument panel even jf air bags have deployed. Dual-stage air bag modules may be present that could contain an undeployed stage. When disposing of a deployed dual-stage air bag, always treat it as a "live" module. See appropriate MITCHELL@AIR BAG SERVICE & REPAIR MANUAL, or OEM information. This estimate has been re-calculated with a modified profile. ESTIMATE RECALL NUMBER: 06/04/200411 :08:23 04-3031167-01 UltraMate is a Trademark of Mitchell International Mitchell Data Version: AUG_04_A Copyright (C) 1994 - 2002 Mitchell International UltraMate Version: 4.8.013 All Rights Reserved Page 4 of 4 Date: 08/31/200409:20 AM Estimate ID: 04-3031167-01 Estimate Version: 1 Supplement: 1 (F) 08/31/2004 09:15:44 AM Profile ID: Mech:all part types .IOGIESSnftIISBIIIOE 5053 RITTER ROAD MECHANICSBURG, PA 17505 (717) 697-8298 Supplement Delta Report Comparison of Estimate 04-3031167-01 Supplement 0 and Supplement 1 Damage Assessed By: LICENSE #263034 NICHOLE FLICK Supplemented By: LICENSE #151141 SCOTT WITHJACK Insured: TROY CONGER Owner: TROY CONGER Vehicle Description: 2001 Chevrolet Pickup Silverado C1500 LS Date of Loss: OS/25/2004 Line Labor Line Item Dollar Labor CEG Item Type Operation Description Part Type Amount Units Unit Changed Entries 9 ADD'L COST PAINT 153.00 ' 0.0 T 12< ADD'L COST PAINT 183.60 '< 0.0 T Sl 6 BDY REPAIR L FENDER PANEL Existing 5.0. 2.2 4< BDY REPAIR L FENDER PANEL Existing 4.0*< 2.2 Sl 11 REF ADD'L OPR CLEAR COAT 2.5 8< REF ADD'L OPR CLEAR COAT 2.2 < Deleted Entries 1 BDY REMOVE/REPLACE HOOD PANEL **Qual Rept Part 272.00 1.1 1.n 6 RPR W/IN PANEL, FULL PAINT TIME 0.0 Added Entries Sl 1 BDY REMOVE/REPLACE HOOD PANEL **Qual Rep! Part 289.00 1.1 1.n Sl 4 REF BLEND R FENDER OUTSIDE C 0.8 2.0 Sl 5 REF REFINISH L FENDER EDGE C 0.6' 1.2 Sl 8 BDY REMOVEflNSTALL L FENDER BONDING STRIP Existing 0.4' 9 INCL CLEAN AND RE-TAPE 0.0 Global Changes No Deductible. Labor Rate, or Part Adjustment changes were made. Estimate profile calculation settings (other than labor rates and adjustments) have changed. Original Estimate: Supplement 1 181.90 Amount 546.22 Orig Total Tax 59.22 Supp 1 Total Tax 69.52 Net Supplement Amount 181.90 Net Total 728.12 Data Versions Supp 0 Supp 1 MAY _04_A AUG_04_A ESTIMATE RECALL NUMBER: 06/04/2004 11 :08:23 04,3031167,01 UltraMate is a Trademark of Mitchell International UltraMate Version: 4.8.013 Copyright (C) 1994 - 2002 Mitchell International All Rights Reserved Page 1 of ARMS - Automated Rental Management System (Patent Pending) Page 1 of] 0iARMS PROGRESSIVE INS Rental Company: ENTERPRISE RENT-A-CAR Invoice: 0652675-5765 .. """'.~~,,~,,~.~~____ ,._~,~~_*_w~.,.,_""~_m~~~~_'*~~~_~"~_* ,---..,~~',,_,,_'_",_q ,. .*'~-=-"~,~ Bill To: PROGRESSIVE INS ATTN: NICHOLE FLICK 4000 CRUMS MILL RO STE 201 HARRISBURG, PA17112 Biiling Detail: Rental Period: 8/30/04 to 9/4/04 (6 days) Billed Period: 8/30/04to 9/4/04 (6 days) Oescri ption 6 DAYS @ 6 TRANSTAX 1 SALES T AX% Rate: $26.74 $2.00 $8.00 Amount $160.44 $12.00 $12.84 RENTER INFORMATION Renter: CONGER, TROY RENTAL INFORMATION: Rental Branch Location: ENTERPRISE RENT-A-CAR (5765) 601 SOUTH CAMERON STREET HARRISBURG, PA 17105 AMOUNT DUE.......... $185.28 $5.28 $180.00 TOTAL CHARGES: Less Amount Received: ADDITIONAL CLAIM INFORMATION: Claim Number :04-3031167, Claim Type: Insured Vehicle Condition: Oriveable Date of Loss: Insured Name: Owner's Vehicle: 2001 SIL VERAOO Additional Driver: Repair Facility: SUTLIFF CHEVY-PAXTON (717) 234-4444 VEHICLES RENTED Effective Date and Time Year Make Model VIN Mileage 8/30/04 1 :33 PM 2003 TOYO CAMR 4T1 BE32K93U725972 282 Rental Invoice Please Return This Portion with Remittance Make Payment To: ENTERPRISE RENT-A-CAR (5799) 2625 MARKET PLACE HARRISBURG, PA 17110 FederallD: 52-1690665 Total Charges: Less Amount Received: Total Amount Due.................... $185.28 $5.28 $180.00 Please include on your check: Invoice: 0652675-5765 https://www.enterprise.com/armsweb/payinvoice 09/08/2004 Page: 1 Document Name: untitled CMSD2320 /CMSM2320 PAC MAN OPID: DCM0012 CLAIM PAYMENT HISTORY INSD: CONGER, TROY W DOL MAY 25 04 PA-MECHAN-BRN- CLM: 043031167 ACTIVE SEL DRAFT L/COV PAY TO TYPE* 435754267 COLL 434738999 COLL 435955343 RENTAL SUTLIFF CHEVROLET ONL L TROY W CONGER AND**** L ENTERPRISE RENT-A-CAR L DC912747 ONLY PAGE COMMAND: PAYINQ DEe 10 04 - 11:35 TERMID: VT640485 POL: 57371158-1 REP: N FLICK AMOUNT DATE CD*CLR 181.90 SEP 09 04 I Y 546.22 SEP 27 04 I Y 180.00 SEP 16 04 I Y * 'ate: 12/10/2004 Time: 11:35:34 AM VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Complaint are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa. C. S.A. S4904 relating to unsworn falsification to authorities. ',,1 ..1 l ,/ ,. ,: ,/ /'//' I M:ic~1 -;POUgherty Date Z/l...;/v('- ( ( D i9 N r.; en t ~ ~ -- ~ vt ~ ~ C> :::: ~ :cJ ::s~~ ---:z r'~, ~".1 ,', ~~n " c.'? (,', CI n" G: . WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04097083 Attorney for Plaintiff{s) PROGRESSIVE CASULATY INS. CO. } } } } } } } } NO. 05-1020 Civil rerm I Cumberland County Court of Common ~Ieas vs. MARK HAPEMAN AND WERNER ENTERPRISES CERTIFICATE OF SERVICE TO THE PROTHONOTARY: On March 7, 2005 Plaintiff served its Complaint in Civil Action upon Defenda t, Werner Enterprises, P.O. Box 45308, Omaha, NE by certified mail, retu n receip requested and first class, United States mail, postage-prepaid. Attache is the s' certified mail receipt number 7004 2510 0003 3688 3286 dated March ,2005. WELTMAN, WEINBERG & REIS CO., L.P. By ire . ~. 0 ~ 0 ~ .1! ~ ~ e 9 ~ ill 0 l\I 2 ~ 0. 'a@ ::Eo: l' J] ~Ec:i "" .n~q .. ru ol.~ ! rn j "" "" ~ - J] 8.::E ~ ~ 75 rn a ~~H 'll rn Ql 1:' g:::::l 11 0 :g. '~ia:~ ~ 0 . 8; 00 0 ~ ..; .. 0 E "" ~ LI1 0: ru g ~ ,,; ::r 'oj 0) d1 g l! ~ "5- 0 ~-d ~ :; ~ 0 ~ Oe'3)oE \J) o'm-E >.0) vi g-o c.s;; . Q.> \><>')- <.!!l~-eo~ .:; CJ ~ c<5~~Bt5E ~ "'" '" "'''-S> 0 -g.~-o!.s 8- ~ l.n 0 '0' OJ ~Q;-g"'C1lQ) :::t-l.!,,\ <:- NO"OE-6~ -+- " w3 .. '" .,.:iffiigg. .9 )t~ 0) 2 ... .0 cnt>'lD...."E~ i ~ 0) ~.SEcca~ '- 0 u. "'~g1J"e i ~-.. Ii ~ Q) ~ Q) (1)- 'o/~ ~ 1i)~ ~;:~~ '" 00 . ~ n '" Q.~ 1Q~- :y '" ~ E c-5oa $ ~ o ~." f! ~ :ZcLG (,):t:Q..g<co )it::. . . . .; N rJI 0. (-~ r'~':> (.-~..-.J ~~ ~~~. d f'<,) \,D .~-?() ",i" ()1 (.II SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROGRESSIVE CASUALTY INS CO VS HAPEMAN MARK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: HAPEMAN MARK but was unable to locate Him in his bailiwick. He therefo e deputized the sheriff of LUZERNE County, pennsylvan'a, to serve the within COMPLAINT & NOTICE On March 17th, 2005 , this office was in receipt of he attached return from LUZERNE sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne County 18.00 9.00 10.00 19.00 .00 56.00 03/17/2005 WELTMAN WEINBERG So answers ,...---- --.- _.-" -; . '..-: - ----..? ...,../'" .. ~' .' ~' /'~'.......-z-C'''' R. Thomas Kline / Sheriff of Cumb~rland Count -.- --~ REIS Sworn and subscribed this i/J. c2, ()(', 5' day of A-;e.fore me , I'lL ~(f In The Court of Common Pleas 01' Cumberland County, Penns~ vama Progressive Casualty Insurance Company VS. Mark Hapanan No. 05-1020 civil Now, March 7, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Luzerne County to execute this'; rit, this deputation being made at the request and risk of the Plaintiff. ~r? "p.':"" t-^:/,;/' ~r ~~~.~-c~~~<~ "~f"'~"~{;.~R' Sheriff of Cumberland County, P Affidavit of Senrice Now, ,20_,at o'clock M. s~rved the within upon at by handing to a copy of the original and made known to the contents t .ereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 04097083 PROGRESSIVE INS. CO. SUBROGEE OF Troy Conger vs. MARK HAPEMAN AND WERNER ENTERPRISES Attorney for Plaintiff(s) ) } } } } } } Cumberland County Court of Common Pleas NO. 05-1020 CIVIL TERM ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended without prejudice. REIS CO., L.PA By ," ~,.:> ,~':.~~ c~ -.. r~..J" i',~ ' c.~ .....':)