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HomeMy WebLinkAbout02-151201HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP (PLAINTIm VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (DEFENDANTS) IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o.2 - ~glO.,,. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BI~.~N SU~.D 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 fding 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 TIHS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TI::.I.EPHONE THE OFFICE SET FORTH B~T.OW TO FIND OUT WHERE YOU CAN GET LEGAL I4~.T.P. CUIVIBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE Olr JOHN L. PROKOP (PLA NTI ) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Nationwide Property and Casualty Insurance Company is an Ohio Corporation with offices at 1000 Nationwide Drive, P.O. Box 2655, Harrisburg, Pennsylvania 17105. 2. Defendant Van Alan Roberts is an adult individual. 3. Defendant USA Truck, Inc. is an Arkansas Corporation with offices at 3200 Industrial Park Road, Van Buren, Arkansas 72956. 4. At all times relevant hereto, PlaintiffNationwide Property and Casualty Insurance Company had in effect a policy of motor vehicle insurance covering its insured, John L. Prokop, for motor vehicle collision coverage. 5. In the occurrence giving rise to this accident occurred on July 21, 2001 at approximately 11:30 a.m. on an on-ramp to Interstate 81 near Carlisle in Cumberland County, Pennsylvania. 6. At all times relevant hereto, Defendant Van Alan Roberts, was an agent, servant, workman or employee of Defendant USA Truck, Inc. and acting within the scope of said employment or agency relationship. 7. At the date, time and place referred to hereinabove, PlaintiWs insured, John L. Prokop, was driving a 2000 Buick LeSabre on the on-ramp of Interstate 81. 8. At all times relevant hereto, Defendant Van Alan Roberts was driving a truck behind Plaintiff's insured on the same on-ramp. 9. At the aforementioned time and place, the Plaintiff' s insured came to a stop at a yield sign prior to entering Interstate 81 to wait for traffic on the interstate to pass. 10. At the aforementioned date, time and place, Defendant Van Alan Roberts failed to stop his truck and impacted the rear of the vehicle operated by Plaintiff's insured, John L. Prokop. COUNT I Nationwide Property and CasualtW Insurance Company v. Van Alan Roberts 11. Paragraphs one (1) through ten (10) of the Plaintiff's Complaint are incorporated herein by reference. 12. The collision referred to above was caused by the negligence, carelessness and recklessness of Defendant Van Alan Roberts in that he: (a) Failed to be alert and attentive at the wheel; (b) Drove his vehicle into the rear of the Plaintiff's insured's vehicle; (c) Followed the Plaintiff's insured's vehicle too closely; and (d) Failed to take proper evasive action to avoid the collision referred to in the Plaintiff's Complaint. 13. As a direct and proximate result of the negligence of Defendant Van Alan Roberts, the Plaintiff's insured's vehicle obtained damages in the amount of $6,776.15, an amount of which the Plaintiffwas contractually required to reimburse its insured. 14. As a direct and proximate result of the negligence of Defendant Van Alan Roberts, the Plaintiffwas contractually obligated to reimburse its insured a rental expense of $750.00. 15. The amount in controversy is less than the compulsory arbitration limit for this county, thereby requiting submission to compulsory arbitration. WHEREFORE, PlaintiffNationwide Property and Casualty Insurance Company, as Subrogee of John L. Prokop, respectfully requests your Honorable Court to enter judgment against Defendant Val Alan Roberts in an amount not in excess of $25,000.00, together with costs, interest and such other relief as is deemed appropriate by this Honorable Court. COUNT II Nationwide Property and Casualty Insurance Company v. Van Alan Roberts 16. Paragraphs one (1) through fifteen (15) of the Plaintiff's Complaint are incorporated herein by reference. 17. Defendant USA Truck, Inc. is vicariously liable for the negligence, careless and recklessness of its employee or agent, Defendant Van Alan Roberts. WHEREFORE, PlaintiffNationwide Property and Casualty Insurance Company, as Subrogee of John L. Prokop, respectfully requests your Honorable Court to enter judgment against Defendant USA Track, Inc. in an amount not in excess of $25,000.00, together with costs, interest and such other relief as is deemed appropriate by this Honorable Court. Date: March 26, 2002 Respectfully submitted, LAW OFFICES OF JACOBS & SABA Attorney for Plaintiff Identification No. 58567 4 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP (PLAINTIFF) VS. USA TRUCK, INC. ANO VAN ALAN ROBERTS, (DEFeNdANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION- LAW JURY TRIAL DEMANOEO VERIFICATION I, Heather Carricato, verify thot the statements made in the foregoing Plaintiff's Complaint 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: x~'--.-~/Heather Carn~to, Representative of Nationwide Property and Casualty Insurance Company NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP, Plaintiff USA TRUCK, INC. AND VAN ALAN ROBERTS, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 02-1512, CIVIL TERM : CML ACTION - LAW : : JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendants, USA Truck, Inc. and Van Alan Roberts in the above-captioned matter. Respectfully submitted, Date: FARRELL & RICCI, P.C. Marc T. Levin Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this ~ay of April, 2002, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Plaintiffs Marc T. Levin, Esquire 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 50} Camp Itill, PA 17011 Telephone Number: (717) 7}1-0988 Attorne},s for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS StmROCEE OF JOaN U. PROKOF (PLAINTIFF) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 1512 - CIVrL T~RM CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO FILE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Affidavit of Service to the Complaint fded with this Court on or about March 28, 2002, in the above referenced matter. Date: A ril2 2 2 Respectfully submitted, LAW OFFICES OF IACOBS & SABA Attorney for Plaintiff 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Identification No. 58867 01HB-00139 LAW O~'ICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBRO EE L. PROZOP (PLAINTIFF) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (OE NOANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 1512 - CrVlL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED -~'FIDAVIT OF SERVICE I, Girard E. Rickards, Esquire, attorney for the Plaintiff, do hereby afl'mn that I received the below attached return receipt of the Complaint sent by Certified Mail, Return Receipt Requested, which return receipt appears to contain the signature of ..C_.~.~, an employee or agent of ~ The undersigned understands that the statements therein am mad~ subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delive~ la desired. · Pdnt yoqr.name end addmes on the reverse ~o that we can return the card to you. · Attsoh this card to the beok of the mellplece, or on the front if space USA Truck, Inc. Attn: Brent Dorrough 3200 Industrial Park Road Van Buren, AR C. Slgnatum D~~t~l? ~Y~ ff YES, en~ ~ add~ ~bw: ~ No I=1 Insured MSJl [] F.~3m~ Mail i-I Return Receipt for MemhandMe [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Attorney for Plaintiff 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number:. (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE O1~ JOHN r. PROKOP (PLAINT m VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, [~ENNSYLVANIA No. 02 - 1512 - CtWL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Girard E. Richards, Esquire, attorney for the Plaintiff, do hereby affirm that I received the below attached return receipt of the Complaint sent by Certified Mail, Return Receipt Requested, which return receipt appears to contain the signature of C__~.I~, an employee or agent of ~ The undersigned understands that the statements therein am made subject to the penalties of 18 Pa.C.$.A. §4904 relating to unawom I~.C'emplete items 1, 2, and 3. Also complete : Illin 4 if Reetrfcted Deilvery Is desired. Ii ["~nt your name and address on the reverse ae that we oan retum the card to you. ~ ,~tach this card to the back of the mailpiece, er o~ the front if space F~'mlta. BSA~ruck, Inc. ittn: YaaA].anRoberts 3200 Iadustrial Park Road Van Buren, AR 72956 1 6 ZE C. Signature if YES, eot~, deliv~y address be~w: [] No 3. Slvi~e Type [] Registered [] Retum,Receipt for Mercflan~ll I~] Ir~umd Mall [] C.O.D. 4. Re~t'~ted Delivery? ~ Fee) [] Yes Date:~ Attorney for Plaintiff 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANy AS SUBROGEE O1~ JO~IN U. PROKOP (PLAINTIFF) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 1512 - C~oL 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 caused a true and correct copy of Praecioe to FHe Affidavit of Service/Affidavit of Servi¢~ to be served by regular first class marl upon: Marc T. Levin, Esquire Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 Dated: A_vril 23, 2002 Attorney for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP, Plaintiff USA TRUCK, INC. AND VAN ALAN ROBERTS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-1512, CIVIL TERM CIVIL ACTION - I~W PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached Verification of Brent Dorrough to the Answer with New Matter of Defendants, USA Truck, Inc. and Van Alan Roberts, to Plaintiffs complaint which was recently filed with the Court in the above-captioned matter. Respectfully submitted, Date: May 24, 2002 Marc T. Levin, Esquire Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants VERIFICATION I, Brent Dorrough, Risk Management Supervisor of USA Truck, Inc., hereby verify that the facts set forth in the foregoing Answer With New Matter of Defendants, USA Truck, Inc. and Van Alan Roberts, to Plaintiffs Complaint 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 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ V/~rent Dorrough CERTIFICATE OF SERVICE AND NOW, this 24t~ day of May, 2002, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Substitute Verification for Brent Dorrough upon all counsel of record by depositing, or causing to be deposited, same in the U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Plaintiffs Marc T. Levin, Esquire NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP, Plaintiff USA TRUCK, INC. AND VAN ALAN ROBERTS, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : .. : NO. 02-1512, CIVIL TERM : : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, USA TRUCK, INC. AND VAN Al,AN ROBERTS, TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, USA Truck, Inc. and Van Alan Roberts, by and through their counsel, Farrell & Ricci, P.C. by Marc T. Levin, Esquire and reply to the Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial ff deemed material. 2. 3. 4. Admitted. Admitted. Denied. After reasonable investigation Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial if deemed material. 5. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 6. Admitted. 7. Denied. After reasonable investigation Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the ~zne of trial if deemed material. 8. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 9. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 10. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). COUNT I Nationwide Property mmc] Casualty Insurance Company v. Van Alan Roberts 11. Answering Defendants hereby incorporate by reference their responses to Paragraphs 1 through 10 of the Plaintiffs' Complaint as if more fully set forth herein at length. 12. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative responses are required. To the extent o~rmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. It is specifically and unequivocally denied that the aforementioned collision was caused by the negligence, carelessness and recklessness of Defendant, Van Alan Roberts, as follows: a. It is specifically and unequivocally denied that Answering Defendant "failed to be alert and attentive at the wheeL" To the contrary, at all times material hereto, Answering Defendant was alert and attentive at the wheel of his vehicle. b. It is specifically and unequivocally denied that Answering Defendant "drove his vehicle into the rear of the Plaintiffs insured's vehicle." By way of further response, after reasonable investigation, Answering Defendant is without information sufficient to ar]mit or deny the truth or falsity of the said averment as to how the accident occurred and, therefore, denies the same and demands strict proof thereof at the time of trial if deemed material. c. It is specifically and unequivocally denied that Answering Defendant "followed the Plaintiffs insured's vehicle too closely." To the contrary, at all times material hereto, Answering Defendant's vehicle was an appropriate distance away from the Plaintiffs vehicle. d. It is specifically and unequivocally denied that Answering Defendant "failed to take proper and evasive action to avoid the collision referred to in the Plainti~s Complaint." To the contrary, at All times material hereto, Answering Defendant was driving properly and appropriately with respect to the Plaintiff. 13. Denied. To the extent this Paragraph is an averment of proximate causation, it is a conclusion of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof demanded at the time of trial ff deemed material. By way of further answer, to the extent this Paragraph is an averment of Plaintiffs alleged damages, it is denied since, after reasonable investigation, the Answering Defendant is without information sufficient to admit or deny the truth or falsity of the said averments and, accordingly, denies the same and demands strict proof thereof at the time of trial if deemed material. 14. Denied. To the extent this Paragraph is an averment of proximate causation, it is a conclusion of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof demanded at the time of trial if deemed material. By way of further answer, to the extent this Paragraph is an averment of Plaintiffs alleged damages, it is denied since, after reasonable investigation, the Answering Defendant is without information sufficient to admit or deny the truth or falsity of the said averments and, accordingly, denies the same and demands strict proof thereof at the time of trial if deemed material. 15. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative responses are required. To the extent affirmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiffs and that Answering Defendants be awarded appropriate costs and fees. COUNT H Nationwide Property and Casualty Insurance Company v. Van Alan Roberts 16. Answering Defendants hereby incorporate by reference their responses to Paragraphs 11 through 15 of the Plaintiffs' Complaint as if more fully set forth herein at length. 17. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative responses are required. To the extent sf~qrmative responses may be required, said averments are specifically and unequivocally denied and strict proof thereof is demanded at the time of trial if deemed material. WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiffs and that Answering Defendants be awarded appropriate costs and fees. NEW MATTER 18. Answering Defendants hereby incorporate by reference their responses to Paragraphs I through 17 of the Plaintiff's Complaint as if more fully set forth herein at length. 19. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendants. 20. Plaintiffs claims are barred and]or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. Plaintiffs harm if any, was caused or contributed to directly, proximately and]or substantially by the careless, negligent and or recldess conduct of the Plaintiff and]or its employees, agents or servants, and therefore Plaintiffs claims are barred in whole or in part by the Pennsylvania Comparative Negligence Act. 22. The aforesaid careless, negligent or reckless conduct of Plaintiff and]or its employee, agents or servants consisted of the following: a. Failing to operate its motor vehicle under control and in a safe and proper manner. b. Failing to keep a careful and diligent watch on the roadway. c. Operating the vehicle in a careless and reckless disregard for the rights and safety of others. d. Foiling to keep a proper lookout for other vehicles. e. Failing to maintain an assured clear distance between his vehicle and the vehicles traveling in front of its vehicle. f. Failing to operate its vehicle at a speed which was reasonable and prudent given the prevailing conditions and potential hazards. g. Operating its vehicle in violation of 75 Pa.C.S.A. §3361. h. Operating its vehicle in violation of 75 Pa.C.S.A. §3310. 23. Plaintiff has failed to mitigate its damages. 24. At all times material hereto, Answering Defendant, Van Alan Roberts, operated USA Truck, Inc.'s vehicle in a safe appropriate manner and in conformity with the laws regarding the operation of a motor vehicle. 25. Plaintiffs claims are barred by the applicable statute of limitations. WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiffs and that Answering Defendants be awarded appropriate costs and fees. Respectfully submitted, FARRELL & RI~CCI~ Marc T. Levin, Esquire Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants 6 VERIFICATION PURSUANT TO Pa.R.C.P. NO. 1024(c) Marc T. Levin, Esquire states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the Court and verification of none of them can be obtained within the time allowed for the filing of the pleading; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Marc T. Levi~l, Esquire CERTIFICATE OF SERVICE AND NOW, this 28m day of May, 2002, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Answer with New Matter of Defendants, USA Truck, Inc. and Van Alan Roberts, to Plaintiffs Complaint upon all counsel of record by depositing, or causing to be deposited, same in the U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Plaintiffs Marc T. Levin, Esquir~ NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUBROGEE OF JOHN L. PROKOP, Plaintiff USA TRUCK, INC. AND VAN Al JAN ROBERTS, Defendants IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY, PA NO. 02-1512, CML TERM CML ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached Verification of Van Alan Roberts to the Answer with New Matter of Defendants, USA Truck, Inc. and Van Alan Roberts, to Plaintiffs Complaint which was recently filed with the Court in the above-captioned matter. Respectfully submitted, Date: June 6, 2002 FARRELL & RICCI, P.C. Marc T. Levin, Es(~uire Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants VERIFICATION I, Van Alan Roberts, hereby verify that the facts set forth in the foregoing Answer With New Matter of Defendants, USA Truck, Inc. and Van Alan Roberts, to Plaintiffs Complaint 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 18 Pa.C.S. §4904, relating to unsworn falsification to authori/ties. Date: ~:~ ~ ~ ~g) ~ ~~~~~ F v / Van Alan Roberts'~r f' CERTIFICATE OF SERVICE AND NOW, this 6th day of June, 2002, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Substitute Verification for Van Alan Roberts upon sl! counsel of record by depositing, or causing to be deposited, same in the U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Attorney for Plaintiffs Marc T. Levin, Esquire 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number:. (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY AS SUI~ROGEE O1~ JOI-I~ L. PROKOP (PLAINTI~) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS~ (DEFENDANTS) IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PENNSYLVANIA No. 02 - 1512 - CIVIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, ~ JUDGES OF TIlE SAID COURT: Girard B. Rickards. Esquire respectfuny represents that: , counsel for the Plaintiff in the above action, The above-captioned action is at issue. Tho claim of the Plaintiff in thc action is $ unliouidated prooerty dama?e.~. The counterclaim of the Defendant in this action is $ The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Girard E. Riekards. Esouire. Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date:~ Respectfully submitted, By__ABA -~'"Girard B. Rickards, Esquire Attorney for Plaintiff Identification No. 58867 ORDER OF COURT ~ ,200~'~ , in consideraOon of the attached petition, f-/~~i~ , Esquire, (~'q: ~ , Esquire, and ~:~ ~~..~, Esquire, are appoin~-~ ar~trators in the above_ captioned action as prayed for. ~ By the Court, 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY As SVSROGEE OV L. PROKOP (PLAI TIFE) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS~ (DEFENDANTS) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1512 - 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 caused a true and correct copy of Petition for Aooointment of ArbitraW~ to be served by regular first chss mail upon: Marc T. Levin, Esquire Parrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 Dated: .lune 20. 2002 Girard E. Rickards, Esquire Attorney for Plaintiff 01HB-00139 LAW OFF 214 Senate Camp Hill, Telephone Attorneys ICES OF JACOBS & SABA Avenue, Suite 503 PA 17011 Number: (717) 731-0988 'or NATIONWIDE P~ INSURANCE AS I (m USA TRUCK, R (o~ TO THE [ Ple Date: / ',OPERTY & CASUALTY ~UBROGEE OF JOHN L. ROKOP, ~AINTIFF) VS. INC. AND VAN ALAN )BERTS, ~ENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1512 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ROTHONOTARY: ase mark the above-captioned case settled, discontinued and ended. JACOBS & &.arBA~ ' Girard EY~i~kards, Esquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorney for Plaintiff Court I.D.58867 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P4 17011 Telephone Nu~nber: (717) 731-0988 Attorneys for ! NATIONWIDE PI INSURANCE AS ! USA TRUCK, R Girard herein, and th; regular first cl Dated: Jar [OPERTY & CASUALTY ]UBROGEE OF JOHN L. ROKOP, ,AINTIFF) VS. INC. AND VAN ALAN OBERTS~ ~'ENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1512 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant tt he caused a true and correct copy of Praecipe to Discontinue, to be served by ass mail upon: Marc T. Levin, Esquire Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 uary 15, 2003 ~-"~irard E. l~l~ards, Esquire Attorney for Defendant 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for NATIONWIDE PROPERTY & CASUALTY INSURANCE AS SUBROGEE OF JOHN L. PROKOP, (PLAiNTiFF) VS. USA TRUCK, INC. AND VAN ALAN ROBERTS, (OEFESOAST) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, )ENNSYLVANIA NO. SUBROGATION CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION And now this 20th day of December 2002, the parties hereby agree that an award may be entered by the panel of arbitrators in favor of the plaintiff and against the defendants in the amount of $6,924.04. Mark T. Levin, Esquire Farrell & Ricci, P.C. 4423 North From Street Harrisburg, PA 17110 Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 LAW OFFICES OF rlALBRU ._ 1013 MUMMA ROAD · SUITE 100 · LEMOYNE, PENNSYLVANia 17043 LOWELL R. GATES (71 7) 731-9600 · FAX: (717) 731-9627 Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted Io New Jersey Bar CRAIG A. HATCH CORY J. SNOOK ALBERT N. PETERUN Also Admitted to Maryland Bar STACEY L. NACE Paralegat/Office Manager TRACl L. SEPKOVIC Paralegal VALERIE LONG Paralegal BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 248-6909 WEB SITE: www-GatesLawFirm.com CORRESPONDENCE ADDRESS: December 27, 2002 Lemoyne Office One Courthouse Square - Re: Nationwide Property and Casualty Insurance Company As Subrogee of John L. Prokop, Plaintiff vs. USA Truck, Inc. and Van Alan Roberts, Defendants Docket No. 02-1512 - Civil Term Dear Sudge Hoffer: The above-referenced case was settled on December 20, 2002, by Stipulation between the parties and in favor of the plaintiff in the mount of $6,924.04. The original signed Stipulation is enclosed with this letter. Also, enclosed please find the pleadings, correspondence and other documents for the above referenced case. If I may be of additional assistance in this matter, please do not hesitate to contact me at the address or telephone number listed above. Best regards. well R. Gates LRG:vmr Enclosures cc: Mark T. Levin, Esq. (Without enclosures) Girard E. Rickards, Esq. (Without enclosures) Nationwide Property and Casualty Insurance Company As Subrogee of John L. Prokop, (Plaintif0 USA Truck, Inc. and Van Alan Roberts, (Defendants) In The Court of Common Pleas of Cumberland County, Pennsylvania Docket No. 02-1512-Civil Term OATH We do solen~ swear (or affl.?) that .we will support, obey and defend the Consti · United Stat d the onstltution ofth~s _. w~ .... ~cnarge me out/es ~ Date AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If the damages for delay are awarded, they shall be separately stated.) ........ r Date _, Arbitrator, dissents. (Insert name if applicable.) Date of Award:. December 20 2002 t NOTICE OF ENTRY OF AWARD Now, the ~ay of~.~~_, 2003, at,~2.~_' ~__.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $~