HomeMy WebLinkAbout09-3474r
fH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
C tkmbe land
NOTICE OF APPEAL
FROM S'?.Z ??D g
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O 9 _ 3'171/ C tLd 7z,.
NOTICE OF APPEAL
Notice is Igive( that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
Xn.v?es Cocacce\I 09-3 D'>? -Momas A Place/
aAd Ta tilts Cockrell
cv- 0o00IM - 09
This bkxk will be signed ONLY when this notation is required under pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D1 No. 10086.
This Notiof Appeal, when received by the District Justice, wilt operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
SO-ft- of Pmd--Wy -Dop*
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Ah4 ohwide IYIs. Co, appeilee(s), to Me a complaint in this appeal
Name of apps n(s)
(Common Pleas No. cJ , 3 c/ 7 V -77within twenty (20) days after service of rule or suffer entry of judgment of non pros.
ZO6- W. 4^"_11
Signature of t or atto"W or agent
RULE: To AlabbY1 wi d e Ins. CD -
Name of appefm(s)
, appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this role upon you by personal service or by certified or registered mail.
(2) ' If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20 OS Q ? p(? Aietz
-- signat- of Pn
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PRDOF OF SERV,7CE OF NOTME OF APPEAL AND RULE TO FILE COMPLAINT
(This prof of service MOIST BE FILED`WfTHfN''TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) .20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of oftiat before whom affidavit was made
Tine of official
My commission expires on .20
G
w
Signature ofaffiant
2 C -
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
MDJ Name: Hon.
THOMM A. PLACSY
Address: 104 S SPORTING SILL RD
MECHANICSBURG, PA
Telephone: (717 ) 761-8230 17050
JAMES COCKRELL
338 CR 4807
CUPPARSCOVB, TX 76522
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name)
(Date of Judgment)
5/07/09
INS.CO:ASO RYAN DON
® Judgment was entered against: (Name) COCKRELL, JAMES
in the amount of $ 6,526.86-
r-
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
T?- This case dismissed without prejudice.
F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential IQase $
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
6,390.3
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
Ai REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
y
Msgisteiial' District Judge
D 9 Date
I certify that this is a true anorreerc-0-py of t e record of the,prpekcieedings containing the judgment'.
+ Date Magisterial: District Judge
My commission expires first Monday of January, 2010
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FNATIONIPIDE INS.CO:ASO RYAN DONOVAN7
P. 0. BOX 2655
HARRISBURG, PA 17105
L J
VS.
DEFENDANT: NAME and ADDRESS
FCRETE CARRIER CORP., ET AL.
400 N. N. 56TH ST.
LINCOLN, NE 68528
L J
Docket No.: CV-0000109-09
Date Filed: 2/17/09
SEAL
AOPC 315-07
COMMONWEALTH OF PENNSYLVANIA
I.'T%/ /,C. I=INBERJAai/
JV VIV 1 1 v1
Mag. Dist. No.:
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Address. 104 S SPORTING HILL RD
MECHANICSBURG, PA
Telephone: (7 17 ) 761-8230 17050
CRETE CARRIER CORP.
400 N. W. 56TH ST.
LINCOLN, NE 68528
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
T Judgment was entered for: (Name)
in the amount of $ 6, 526.8
5/07/09
NATIONWIDE INS.CO:ASO RYAN DON
® Judgment was entered against: (Name) CRETE CARRIER CORP .
Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
17 Th?s case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F] Portion of Judgment for physical damages arising out of
residential4ease $
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
$ V,.77V.av
$ 136.55
$ .00
$ .1110
$ 6,526.861
S
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Q
0 Date , Magisterial District Judge
I certify that this is a t` rMc copy of th cord of the pr ings containing the judgment.
PAO-
d---_ Date , Magisterial District Judge
My commission expires first Monday of January, 2010
NOTICE OFCJ?VDGCMASE /TRANSCRIPT
PLAINTIFF: NAME and ADDRESS
rNATIONKIDE INS. CO:ASO RYAN DONOVAlf'
P. O. BOX 2655
HARRISBURG, PA 17105
L J
vs.
DEFENDANT: NAME and ADDRESS
f-CRETE CARRIER CORP., ET AL.
400 N. W. 56TH ST.
LINCOLN, NE 68528
L _t
Docket No.: CV-0000109-09
Date Filed: 2/17/09
(Date of Judgment)
SEAL
(") N _
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t ?•? C..-
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFD, ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
LR/ a copy of the Notice of Appeal, Common Pleas op Sq?q, upon the District Justice designated therein on
(date of service) 14 ?$ , 20 ? by personal service QR by (certified) (registered) mail,
sender's receipt aftacheclF hereto, and upon the appellee, (name) on
q y „281 2001 ? by personal service Q by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME
TH DAY OF 20 0 9 .
Signature of officia fore whom affidav as made
/V
True of official
U.S. Postal Service
CERTIFIED MAIL RECEIPT
Momestir- Mail nnly Nn Inanra- rnv -- v..7.,?
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Certified Fee V.
C3 IS (/
C3 Return Receipt Fee P Her
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C3 Restricted Delivery Fee
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S ure of af(iant
Notarial Seal
Cathy E. Fry. Notary Public
South Middleton TWp., Cumberland County
MY Commission Expka July 30, 2010
(Domestic Mail G
For delivery inform;
Ln
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Certified Fee
C3 Return Receipt Fee
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08-00040/08-008668
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff,
NATIONWIDE INSURANCE COMPANY
OF AMERICA A/S/O RYAN DONOVAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
PLAINTIFF
VS.
CRETE CARRIER CORPORATION AND
JAMES COCKRELL
NO. 09-3474
DEFENDANT
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
Nationwide Insurance Company is in the business of providing, among other
things, motor vehicle insurance to the residents of the Commonwealth of Pennsylvania. It has
a principle place of business at 1000 Nationwide Drive, Harrisburg, Pennsylvania.
2. Ryan Donovan is an adult individual who resides at 604 Walnut Street, Apt. 2a
Lansdale, PA 19446-2338. At all times relative hereto, Nationwide provided motor vehicle
insurance to Ryan Donovan pursuant to policy no. 58 37 D 797179.
3. Defendant Crete Carrier Corporation is a licensed motor carrier with a principle
place of business located at 400 NW 56d' Street, Lincoln, NE 68528 and which regularly
conducts business in, and travels upon the highways and byways of, the Commonwealth of
Pennsylvania.
4. Defendant James Cockrell is an adult individual who, at all times relevant hereto,
was an employee of Crete Carrier Corportation residing at 338 CR 4807, Copperas Cove, TX
76522. At the time of the accident, Defendant Cockrell was acting within the course and
scope of his employment with Crete Carrier.
5. On May 15, 2007, Ryan Donovan was traveling northbound on East Main Street,
Silver Spring Township, in the left travel lane.
6. At the same time and place, a tractor trailer, owned by Defendant Crete Carrier
Corp., and, driven by its employee, Defendant James Cockrell, was northbound on East Main
Street in the right travel lane.
7. As the vehicles proceeded, Defendant Cockrell began making a left turn from the
right travel lane into the parking lot of Shaffer Trucking located at 40 East Main Street. In so
doing, the tractor trailer struck Mr. Donovan's vehicle which was lawfully proceeding in the left
lane
COUNT I - NATIONWIDE vs. JAMES COCKRELL
8. Paragraphs 1 through 7 above are incorporated herein by reference.
9. The collision between the two vehicles was due solely to the negligence of
Defendant Cockrell in:
a. failing to signal his intended maneuver prior to initiating his left turn;
b. executing a left turn from the right travel lane;
C. failing to check for approaching vehicles in the adjacent travel lane before
initiating his turn;
d. failing to observe that which was clearly visible;
e. failing to use an alternate, safer entrance into the Shaffer Trucking
compound;
failing to follow proper procedures for making left turns with restricted
space.
10. The aforesaid collision resulted in damages to Mr. Donovan's vehicle to the
extent that it was declared a total loss and Mr. Donovan suffered damages in the amount of
$6,390.36.
11. Pursuant to the insurance policy issued by Nationwide Insurance Company of
America to Ryan Donovan, Nationwide was required to pay for the damage caused to the
Donovan vehicle by Defendant's negligence. As provided in the policy contract, Nationwide is
now subrogated to the right of its insured to recover the damages from the at-fault party.
WHERERFORE, Plaintiffs pray for Judgment to be entered in their favor and against
Defendant James Cockrell in the amount of $6,390.36, plus costs as awarded by the District
Magistrate Judge and interest.
COUNT II - NATIONWIDE vs. CRETE CARRIER CORPORATION
12. Paragraphs 1 through 7 above are incorporated herein by reference.
13. Defendant, Crete Carrier Corp. is vicariously liable for the negligence of its
employee, James Cockrell (as is more fully set forth above in Paragraph 9 and incorporated
herein by reference), who was at all times relevant hereto operating the tractor trailer within
the course and scope of his employment with Crete Carrier.
14. Defendant Crete Carrier Corp. is also liable for its own negligence in failing to
properly train its driver in the proper procedure for making safe left turns so as not to present a
risk of danger to other motorists lawfully on the roadways.
15. For the reasons set forth above, Plaintiffs are entitled to recover their damages
from Defendant Crete Carrier Corp.
WHEREFORE, Plaintiffs pray for Judgment to be entered in their favor and against
Defendant Crete Carrier Corp. in the amount of $6,390.36, plus costs as awarded by the
District Magistrate Judge and interest.
Respectfully submitted,
LAW OFFICE OF SNYDER & DORER
JoAnn .Kinzel, Esquire
Identif ion No. 55453
Attorne for Plaintiff
08-00040/08-008668
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff,
NATIONWIDE INSURANCE COMPANY
OF AMERICA A/S/O RYAN DONOVAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
PLAINTIFF
VS.
CRETE CARRIER CORPORATION AND
JAMES COCKRELL
NO. 09-3474
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT
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:
Angela N. Rainey, Esquire
DiSandro & Malloy, P.C.
1760 Market Street
Suite 1201
Philadelphia, PA 19103
Attorney for Plaintiff
Date: June 1. 2009
JoAnne inze , s
Attorney f r Defendant
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08-00040/08-008668
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff
NATIONWIDE INSURANCE COMPANY
OF AMERICA A/S/O RYAN DONOVAN,
PLAINTIFF
VS.
CRETE CARRIER CORPORATION AND
JAMES COCKRELL
DEFENDANT
Respectfully submitted,
PRAECIPE TO ATTACH VERIFICATION
TO THE PROTHONOTARY:
Kindly attach the enclosed Verification to the Complaint that had been filed with the Court on or about
June 3, 2009.
71- IN THE COURT OF COMMON PLEAS
Date: "f i rl
w?
CUMBERLAND, PENNSYLVANIA
NO. 09-3474
CIVIL ACTION - LAW
JURY TRIAL DEMAN
OF SNYDER & DORER
AttornifoV Defendant
Court ..,No. 55453
VERIFICATION
I, Christiana Rau, verify that the statements made in the foregoing Complaint, which
are within the personal 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 authorities.
Co 2 - c-q
Dated:
CHRISTIANA RAU
08-00040/08-008668
LAW OFFICE OF SNYDER & DORER
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff,
NATIONWIDE INSURANCE COMPANY
OF AMERICA A/S/O RYAN DONOVAN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
VS.
CRETE CARRIER CORPORATION AND
JAMES COCKRELL
DEFENDANT
NO. 09-3474
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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
Praecive to Attach Verification to be served by regular first class mail upon:
Angela N. Rainey, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendants
Date: June 8. 2009
FILED-a-"FICE
OF THE PFPOTFjOkjJTAR.Y
2009 JUN - 9 PM 12: 3 8
Cums
'SY! YANA E !?`
PEN
NATIONWIDE INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS
OF AMERICA a/s/o RYAN DONOVAN, : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 09-3474
CRETE CARRIER CORPORATION and CIVIL ACTION - LAW
JAMES COCKRELL, JURY TRIAL DEMANDED
Defendants
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 import to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NATIONWIDE INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS
OF AMERICA a/s/o RYAN DONOVAN, : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
CRETE CARRIER CORPORATION and
JAMES COCKRELL,
Defendants
No. 09-3474
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la
fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o
por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en
contra de tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y
por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Sonya Kivisto, Esq.
Attorney I.D. No. 92919
Angela N. Rainey, Esq.
Attorney I.D. No. 207168
MARCELLO & KIVISTO, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
NATIONWIDE INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS
OF AMERICA a/s/o RYAN DONOVAN, : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 09-3474
CRETE CARRIER CORPORATION and CIVIL ACTION - LAW
JAMES COCKRELL, JURY TRIAL DEMANDED
Defendants
DEFENDANTS CRETE CARRIER CORP.'S AND JAMES COCKRELL'S
ANSWER WITH NEW MATTER
And now, come Defendants Crete Carrier Corp. and James Cockrell, by and through their
attorneys, Marcello & Kivisto, LLC, and answers Plaintiff's Complaint as follows:
Denied. Answering Defendants are without information or belief as to the truth of
the averments of Paragraph 1, hence they are denied and proof is demanded at the time of trial.
2. Denied. Answering Defendants are without information or belief as to the truth of
the averments of Paragraph 2, hence they are denied and proof is demanded at the time of trial.
3. Admitted.
4. Admitted in part and Denied in part. It is admitted that Defendant James Cockrell is
an adult individual who resides at 338 CR 4807, Copperas Cove, TX 76522. It is denied that at the
time of the accident, Defendant Cockrell was acting within the course and scope of his employment
as it is a conclusion of law to which no responsive pleading is required. It is further denied pursuant
to Pa.R.Civ.P. Rule 1029(e) and specifically denied. Proof is demanded at the time of trial.
5. Denied. The averments of Paragraph 5 are denied pursuant to Pa.R.Civ. P. Rule
1029(e). The averments are specifically denied and proof is demanded at the time of trial.
6. Denied. The averments of Paragraph 6 are denied pursuant to Pa.R.Civ.P. Rule
1029(e). The averments are specifically denied and proof is demanded at the time of trial.
7. Denied. The averments of Paragraph 7 are denied pursuant to Pa.R.Civ.P. Rule
1029(e). The averments are specifically denied and proof is demanded at the time of trial.
COUNTI
NATIONWIDE v JAMES COCKRELL
8. Answering Defendants incorporate their answers to Paragraphs 1 through 7 as if set
forth in full.
9. Denied. The averments of Paragraph 9 are denied as conclusion of law to which no
responsive pleading is required. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. Rule 1029(e). Proof is demanded at the time of trial.
10. Denied. The averments of Paragraph 10 are denied pursuant to Pa.R.Civ.P. Rule
1029(e). The averments are specifically denied and proof is demanded at the time of trial.
11. Denied. The averments of Paragraph 11 are denied as conclusions of law to which
no responsive pleading is required. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. Rule 1029(e). Proof is demanded at the time of trial.
WHEREFORE, Answering Defendants respectfully request judgment in their favor and
against Plaintiff, Nationwide Insurance Co. of America.
COUNT II
NATIONWIDE v CRETE CARRIER CORPORATION
12. Answering Defendants incorporate their answers to Paragraphs 1 through 11 as if set
forth in full.
13. Denied. The averments of Paragraph 13 are denied as conclusions of law to which
no responsive pleading is required. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. Rule 1029(e). Proof is demanded at the time of trial. Further Answering Defendants
incorporate their response to Paragraph 9 as if set forth in full.
14. Denied. The averments of Paragraph 14 are denied as conclusions of law to which
no responsive pleading is required. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. Rule 1029(e). Proof is demanded at the time of trial.
15. Denied. The averments of Paragraph 15 are denied as conclusions of law to which
no responsive pleading is required. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. Rule 1029(e). Proof is demanded at the time of trial.
WHEREFORE, Answering Defendants respectfully request judgment in their favor and
against Plaintiff, Nationwide Insurance Co. of America.
NEW MATTER
DIRECTED TO PLAINTIFF NATIONWIDE INSURANCE
COMPANY OF AMERICA
16. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the
Pennsylvania Financial Responsibility Law.
17. Some or all of Plaintiffs claims may be barred by the applicable Statute of
Limitations.
18. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's contributory
and/or comparative negligence.
19. Answering Defendants are not responsible for any harm allegedly caused by acts or
omissions of third parties,for whom they are not responsible and over whom they have no control.
20. Answering Defendants are not responsible for any harm allegedly caused due the
sudden emergency doctrine.
21. Some or all of Plaintiff's claims may be barred due to release.
22. Some or all of Plaintiff's claims may be barred by res judicata and/or collateral
estoppel.
Respectfully Submitted,
MARCELLO & KIVISTO, LLC
v
Date: ?
By:
Sony 'visto, Esquire
Angela N. Rainey, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
T: (717) 240-4686
F: (717) 258-4686
Attorney for Defendants
JUN-22-2009 09:53
NATIONWIDE INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS
OF AMERICA a/s/o RYAN DONOVAN, : OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff .
V. : No. 09-3474
CRETE CARRIER CORPORATION and : CIVIL ACTION - LAW
JAMES COCKRELL, :JURY TRIAL DEMANDED
Defendants
VERIFICATION
P.01/01
hereby verify that the averments made in the attached
document are true and correct to the best of my information, knowledge and belief based upon
the information available. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities.
By:
Dated:
/? 9
r
TOTAL P.01
NATIONWIDE INSURANCE COMPANY : IN THE COURT OF COMMON PLEAS
OF AMERICA a/s/o RYAN DONOVAN, : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : No. 09-3474
CRETE CARRIER CORPORATION and : CIVIL ACTION -LAW
JAMES COCKRELL, : JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
I certify that the foregoing Answer and New Matter in the within action was served upon the
following by facsimile and by enclosing the same in an envelope addressed as follows, postage
prepai:Vnd depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the
_ day of June, 2009.
JoAnne E. Kinzel, Esq.
Law Office of Snyder & Dorer
214 Senate Avenue, Suite 600
Camp Hill, PA 17011
Angel . Rainey, Esq.
O tr L ZV
OF CAM
David D. Buell A V °, Wenee X Simpson
Prothonotary ' � D 1S` Deputy Prothonotary
N' i_at_ :rZ
u q
r O
KirkS. So(zonage, ESQ y Irene E. Morrow
Solicitor ,750 2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, cPennsyCvania
O9- 3y7y CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax,(717 240-6573