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Home My WebLink About09-6597Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Hartford Insurance Company of the Midwest : In The Court of Common Pleas A/S/O Timothy Crumbliss and Carrie Crumbliss : Cumberland County, Pennsylvania PO Box 958457 Lake Mary, FL : Civil Action, LAW VS William J. Smith, Jr. : No: Qa _ (o6q7 C+ iV i 1etN, 3895 Belknap Road Belknap, IL 62908 AND Henderson Trucking Inc. 91 South Clay Morgan Drive East Prarie, MO 63845 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 important to you. You should take this paper to your lawyer at once. If 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. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dfas de plazo ai partir de la fecha de la demanda y la notification. Hace faita asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perdee dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demanda a un abogado inmediatamente. Si no dene abogado o si no dene el dinero suficiente de pagar tal servicio. Vaya en persona o [lame por tel,Jfono a la oficina cuya direccion se encuentra encuentra escrita abojo para averiguar d6nde se puede conseguir asistencia legal. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Hartford Insurance Company of the Midwest A/S/O Timothy Crumbliss and Carrie Crumbliss PO Box 958457 Lake Mary, FL VS William J. Smith, Jr. 3895 Belknap Road Belknap, IL 62908 AND Henderson Trucking Inc. 91 South Clay Morgan Drive East Prarie, MO 63845 Attorney for Plaintiffs : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action, LAW : No: 0 9- 6 5 9 7 OZZ?,( 7-e1-1 COMPLAINT 1) Plaintiff Hartford Insurance Company of the Midwest is an insurance company licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above captioned address. 2) Timothy Crumbliss is an adult individual insured with Hartford Insurance Co of the Midwest. 3) Carrie Crumbliss is an adult individual insured with Hartford Insurance Co of the Midwest. 4) Defendant William J. Smith, Jr. is an adult individual who resides at the above captioned address. 5) Defendant Henderson Trucking Inc is a transportation authority having as one of its principle places of business the above captioned address. 6) On or about 06/27/2008 Plaintiff Hartford Insurance Co of the Midwest insured Tim and Carrie Crumbliss with a personal auto policy, policy number 45PH115708 said policy covering a 2003 Honda Accord and carrying with same collision and rental coverages. 7) On or about 06/27/2008, Defendant William J. Smith, Jr. was acting as agent, servant, employee and/or workman and/or for the common purpose of Defendant Henderson Trucking Inc. while he was operating a 1999 Peterbilt 379, Class 8 truck, bearing MO Tag 48867 registered to same. 8) On or about 06/27/2008 at or near the intersection of MM 212 WB, Pennsylvania Turnpike, in or near Lower Mifflin Township, Cumberland County, Pennsylvania, Defendant William J. Smith, Jr. while operating the aforesaid Peterbilt 379, Class 8 truck did negligently, carelessly and/or recklessly, strike/collide into Plaintiff s insured's 2003 Honda Accord causing extensive damages to same. 9) The negligence of the Defendants consisted of: a) negligent entrustment; b) improper lane change; c) being inattentive; d) failing to maintain proper lookout; e) failing to make the proper observations; f) failing to yield right of way; g) being inattentive, h) failing to give due regard to the right, safety, point and position of plaintiffs property: 10) The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendants named herein and was due in no manner whatsoever to any act and/or failure to act on part of Plaintiff's insured. 11) As a result of the aforesaid collision, Plaintiff's insured's vehicle sustained extensive damages to same. 12) Pursuant to the aforesaid policy of insurance, Plaintiff Hartford Insurance Co of the Midwest settled the collision and rental claims of its insured Tim and Carrie Crumbliss in the amount of $9,319.01, (said figure includes Plaintiff's insured's first party deductible) representing fair and reasonable reimbursement for the damages sustained. 13) Pursuant to the aforesaid policy of insurance, Plaintiff Hartford Insurance Co of the Midwest is subrogated to Timothy and Carrie Crumbliss for this loss. WHEREFORE, Plaintiffs demand judgment against Defendants jointly and severally in the amount of $9,319.01 together plus costs, interest and such other relief this Court finds equitable and just. HART-1195 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Dated:{ Paul/HeAnJhsy, Esq. Hennessy & Walker Group, P KA? RLED-OffiCE OF THE PPOTHONOTARY 2009 OCT -2 PM 12= 59 WE ?? ;t 0 COUNTY PEiv" ,1S" LVA ti iA 'Y$. 5c) P b ATrj c*-,-* (o& S4 j?w -j4 dd,, 222y(, ',Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney LD. 65396 Attorney for Plaintiff Hartford Insurance Company In The Court of Common Pleas Of the Midwest :Cumberland County, Pennsylvania A/S/O Timothy Crumbliss & :Civil Action, LAW Carrie Crumbliss : NO: 09-6597 VS William .i. Smith, Tr. AND Henderson Trucking, lnc. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER ss. Paul J. Hennessy, Esquire, being duly sworn according to law deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant, William J. Smith, Jr. by first class United States mail, certified, return receipt requested, and that Defendant did accept service of the same on 10/9/2009, as evidenced by the attached sender's receirr~ Sworn to and subscribed before me this~~1T~ day of ~~LJ~~ 2009. NOTE RY PUBLIC C43."e~a~1 ~ib3`~/E/dLTs? ~F sarq ~ ~ X10. ~~;rr1L SEAL T-HERE.~A R. Gt-~~~pL~~r. Na±ary Public West C ~ster ~nr~, f`: .,,,_. ,~ _ P~~r~~,~„ .,k;~; a J~1~. U.S . Post al Ser vice r ,:, CE RTIF IED MAIL RECE IPT _ ,., -. (Do mestic M ail Only ; No Ins urance Cov erage P rovides _, For d elivery in formatio n visit ou r website at w ww.uso s.comn, m N m Postage $ ° Certified Fee O ~ ~ Return Receipt Fee Postmark O (Endorsement Required) ) Here Restricted Delivery Fee ~ (Endorsement Required) r ~ Total Postage & Fees $ `` /~ ~ Sent To . ° ------ r~- Street, Apt. No.; or PO Box No. ~ ~~ ~ ----°-- ~ ~~-') / t n - City, Stare, Z1P+4 - """°---- /~ ~ Zq'~~ :~, ,,. ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: wt < <l O.r1'1 J- ~'YVt.I ~ln ~'~ 3 ~~~ ~~ ~ ~.t~-p 2c~ - P~~ K~a~ , l L- ~za 6 ~ a signature o ~~ X X~~^s~/A / ^ Addro B. Received by (Printed ~d/ne) ~ C~Dat~e~f~Del D. Is delivery address different from item 1? JlS~YeS If YES, enter delivery address below: ~~ o ~<-'~ 11~ ~-(kti~a~ T ~ ~a9o~-a ~~ ~ 3 Service Type \0~ertifled Mail ^ Express Mail ^ Registered ~'~Retum Receipt for Merctrarrdlae ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number 7QQ8 183Q OQQQ 4373 6Q8Q rnensfer from service label) PS Form 3811, February 2004 Domestlo Retum Receipt 102595-02-M-1540 r„ r-~ t'[Li_~ . '^~ ~~ r r'C~4~~ ~'~`tif~y~J'r, 1 ~ ~~J oaf "i~. ~ 2010 J~;~ 30 ~`'~'e ~~ ~~ ~t;.;`~,,~ ~;,~r, r~cl`J!v ., ~ ~.~~~~ J,, . THOMAS, THOMAS &HAFER, LLP Stephen E. Geduldig, Esquire Identification Number: 43530 Stephanie L. Hersperger, Esquire Identification Number: 78735 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7239 Attorneys for Defendants HARTFORD INSURANCE COMPANY OF THE MIDWEST A/S/O TIMOTHY CRUMBLISS AND CABBIE CRUMBLISS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-6597 CIVIL CNIL TERM v. WILLIAM J. SMITH, JR. AND HENDERSON TRUCKING, INC., Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NONPROS MAY BE ENTERED AGAINST YOU. DATE: ~ I Ziq l ~~ THOMAS, THOMAS &HAFER, LLP By: / Step en E. Geduldig, Esquire I.D. #43530 Stephanie L. Hersperger, Esquire LD. #78735 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7239 Attorneys for Defendants s172as-1 THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire Identification Number: 43530 Stephanie L. Hersperger, Esquire Ident~cation Number: 78735 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7239 Attorneys for Defendants HARTFORD INSURANCE COMPANY OF THE MIDWEST A/S/O TIMOTHY CRUMBLISS AND CABBIE CRUMBLISS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM v. WILLIAM J. SMITH, JR. AND HENDERSON TRUCKING, INC., N0.09-6597 CNIL JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT Defendants, William J. Smith, Jr. and Henderson Trucking, Inc. (correctly identified at the time at issue as J & S Henderson, Inc.") by and through their counsel, Thomas, Thomas & Hafer, LLP, hereby file the following Answer with New Matter: 1.-3. Answering Defendants, after a reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1 through 3 of the Complaint, and therefore, same are deemed denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Answering Defendant is a transportation authority and that at the time relevant herein had a principle place of business at 91 South Clay Morgan Drive, East Prarie, MO 63845. However, it is denied that the Complaint 817248-1 properly identifies Answering Defendant. To the contrary, at the time relevant herein, Answering Defendant was correctly identified as J & S Henderson, Inc. It also is denied that Answering Defendant's principle place of business presently is at 91 South Clay Morgan Drive, East Prarie, MO 63845. To the contrary, Answering Defendant's current place of business is at Highway #80, Box 883, Matthews, MO 63867. 6. Answering Defendants, after a reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 6 of the Complaint, and therefore, same are deemed denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof thereof is demanded at the time of trial. 7. Admitted that on June 27, 2008, Defendant, William J. Smith, Jr., was acting as the employee of Henderson Trucking, Inc., and while within his course and scope of said employment, was operating a 1999 Peterbilt 379, Class 8 truck, bearing MO Tag 488867 registered to Henderson. The remaining averments contained in this paragraph of Plaintiffs' Complaint are denied as legal conclusions and pursuant to Pa.R.C.P. No. 1029(e) and strict proof of same is demanded at the time of trial. 8. To the extent this paragraph of Plaintiffs' Complaint contains legal conclusions, no response to same is necessary. To the extent a response is deemed necessary, it is admitted that on or about June 27, 2008, at or near the intersection of MM 212 WB, Pennsylvania Township, in or near Lower Mifflin Township, Cumberland County, Pennsylvania, Defendant, William Smith, was operating a Peterbilt 379, Class 8 truck. By way of further answer, Defendant, Smith, was driving in the left hand lane of the two lane highway. At that time, a 817248-1 vehicle being driven by Carrie Crumbliss, in the right hand lane, attempted to merge into Defendant Smith's lane of travel. Defendant Smith saw Carrie Crumbliss' vehicle begin to come into his lane of travel at which time he moved up tight against the center median wall and blew his horn, attempting to avoid an accident. However, the vehicle being driven by Carrie Crumbliss continued to come into Defendant, Smith's lane and cut right into the side of his truck. Thus, Defendants deny any and all allegations of negligence, carelessness and/or recklessness or that they caused the accident at issue. 9.(a)-(h). This paragraph and subparagraphs (a) through (h) are denied as legal conclusions and pursuant to Pa.R.C.P. No. 1029(e). Strict proof is demanded at the time of trial. 10. Denied as legal conclusions and pursuant to Pa.R.C.P. No. 1029(e). Strict proof is demanded at the time of trial. 11. Denied as legal conclusions and pursuant to Pa.R.C.P. No. 1029(e). Strict proof is demanded at the time of trial. 12. Answering Defendants, after a reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 12 of the Complaint, and therefore, same are deemed denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof thereof is demanded at the time of trial. 13. Answering Defendants, after a reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13 of the Complaint, and therefore, same are deemed denied pursuant to Pa.R.C.P. No. 1029(e) and strict proof thereof is demanded at the time of trial. 817248-1 WHEREFORE, Defendants, William J. Smith, Jr. and Henderson Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in Defendants' favor. NEW MATTER 14. Defendants incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 13 of their Answer to Plaintiffs' Complaint. 15. Plaintiffl s claims may be barred or diminished in accordance with the Comparative Negligence Act, for the reason that Plaintiff's insured, Carrie Crumbliss, negligently caused the accident in the following manners: a. she failed to keep a proper look out; b. she was inattentive; c. she failed to keep proper control over her vehicle; d. she failed to stay within her own lane; e. she failed to yield the right-of--way; and f. she failed to abide by applicable traffic and safety laws. 16. Plaintiffs' claims may be limited or barred by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 17. All or some of Plaintiffs' claims may be barred by the Economic Loss doctrine. 18. Plaintiffs may have failed to mitigate their damages, if any. 19. Defendants at all times hereto were acting reasonably under the circumstances, then and there existing. 817248-1 20. It is specifically denied that any act or omission on the part of Defendants caused or contributed to any of Plaintiff s alleged damages. 21. Some or all of Plaintiffs' claims may be barred or reduced by previous payments for which Defendants are entitled to a credit. 22. Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 23. Plaintiffs' claims may be barred by the doctrine of release. WHEREFORE, Defendants, William J. Smith, Jr. and Henderson Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in Defendants' favor. DATE: (f /z ~//G THOMAS, THOMAS & HAFER, LLP By: St hen E. Geduldig, Esquire I.D. #43530 Stephanie L. Hersperger, Esquire I.D. #78735 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7239 Attorneys for Defendants 817248-1 HARTFORD INSURANCE COMPANY OF THE MIDWEST A/S/O TIMOTHY CRUMBLISS AND CABBIE CRUMBLISS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-6597 CNIL CNIL TERM v. JURY TRIAL DEMANDED WILLIAM J. SMITH, JR. AND HENDERSON TRUCKING, INC., Defendants VERIFICATION I, Stephanie L. Hersperger, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that I am one of the attorneys of record for Defendants, William J. Smith, Jr. and Henderson Trucking, Inc.; that as such I am authorized to make this Verification; and that the information set forth in the foregoing Answer to Plaintiffs' Complaint with New Matter and Counterclaim, is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: G~Zgl~a Stephanie L. Hersperger, Esquire HARTFORD INSURANCE COMPANY OF THE MIDWEST A/S/O TIMOTHY CRUMBLISS AND CABBIE CRUMBLISS, Plaintiffs v. WILLIAM J. SMITH, JR. AND HENDERSON TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-6597 CNIL CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OFSERVICE I, Rosa B. Kulp, hereby certify that I have served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT on th following persons by placing same in the United States mail, postage prepaid, on the ay of June, 2010: Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, Pa 19382 Attorney for Plaintiffs THOMAS & HAFER, LLP By: Rosa B. Kelp, Secretary 817248-1 r' r ,~ ~ IJU,Y. _ .,+ Y i THOMAS, THOMAS &HAFER, LLP Stephen E. Geduldig, Esquire Identification Number: 43530 Stephanie L. Hersperger, Esquire Identification Number: 78735 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7239 Attorneys for Defendants HARTFORD INSURANCE COMPANY OF THE MIDWEST A/S/O TIMOTHY CRUMBLISS AND CABBIE CRUMBLISS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6597 CIVIL CIVIL TERM v. JURY TRIAL DEMANDED WILLIAM J. SMITH, JR. AND HENDERSON TRUCKING, INC., Defendants PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of Defendant William J. Smith, Jr. for the Attorney Verification attached to the Answer with New Matter of Defendants to Plaintiffs' Complaint, filed on June 30, 2010. THOMAS, THOMAS &HAFER, LLP DATE: ~~ ~ ~ ~~ Stepfien E. Geduldig, Esquire Stephanie L. Hersperger, Esquire P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7239 Attorneys for Defendants 833435-1 VERIFICATION I, William J. Smith, Jr., hereby state and aver that I have read the foregoing Answer to Plaintiffs' Complaint with New Matter which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Date: (`~~- ~ 2 -l d William J. Smith, Jr. CERTIFICATE OF SERVICE I, Gwen M. Cleck, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on they-~ day ~ 2010: Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, Pa 19382 Attorney for Plaintiffs THOMAS, THOMAS & HAFER, LLP Gwen M. Cleck, Secretary 833435-1 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Hartford Insurance Co of the Midwest A/S/O Timothy and Carrie Crumbliss :In The Court of Common Pleas PO Box 958457 Lake Mary, FL :Cumberland County, Pennsylvania VS William J. Smith, Jr./ Henderson Trucking Inc.:Civil Action Law C7 3895 Belknap Road c a Belknap, IL 62908 : No:09-6597 --vim o s Praeciae r-- M CS CD -n Dn =E x- =o oM To The Prothonotary: Ti D Please mark the above captioned case as Dismissed without Prejudice. Paul . Hennessy, Esquire HART-1195