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Home My WebLink About10-4097rl i , LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff :?F THE 2010 JUG 17 P 3: iU CUEd- iY t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, CIVIL ACTION - LAW No. 16 - q617 aivif lean V. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario KOC 1 Defendant. JURY TRIAL DEMANDED 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 MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 sgav? a.1 Gk lD S"yj /-it ig373.,L Pennsylvania Lawyer Referral Service P.O. Box 1086 100 South Street Harrisburg, PA 17108 (800) 692-7375 or (717) 238-6807 ;quire Attorney I.D. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff Dated: r LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, V. NOMAX TRANSPORT/ONTARIO, INC. 448 Dominion Street South Box 287 Alexandria, Ontario KOC 1 Defendant. CIVIL ACTION - LAW No. / Gb?JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Willshire Insurance Company as Subrogate for Tri-State Expedited, through undersigned counsel, initiate this civil action against Defendant, Nomax Transportation/Ontario, Inc. and in support thereof state as follows: 1. Willshire Insurance Company (hereinafter "Willshire")is an insurer duly enacted and existing under the laws of the state of North Carolina with a principal place of business at 702 Oberlin Road, P.O. Box 10800, Raleigh, North Carolina 27605. 2. Tri-State Expedited (hereinafter "Tri-State") is an interstate trucking company with a mailing address of P.O. Box 307, Perrysburg, OH 43552. 3. Willshire has issued a policy of insurance to Tri-State. 4. The Willshire policy of insurance issued to Tri-State included coverage for a 2003 Freightliner with an accompanying vehicle identification number of 1 FUJBBCG23LK58924. 5. Richard Herman is an adult individual residing atl315 South Lake Wilmer, Sundusky, OH 44870. 6. Richard Herman was and is employed by Tri-State as a tractor trailer driver. 7. Richard Herman is an insured driver under the Willshire policy of insurance issued to Tri-State. 8. Steven Lalonde is an adult individual residing at 18277 Glen Road, Williamstown, Ontario, Canada KOC2J0. 9. Defendant Nomax Transport/Ontario, Inc. (hereinafter "Nomax") is a trucking business with a principal place of business at 488 Dominion South, Alexandia, Ontario KOC 1 AO. 10. Steven Lalonde was and is employed by Nomax as a tractor trailer driver. COUNTI Willshire Insurance Company as Subrogate for Tri-State Expedited v Nomax Transportation/Ontario, Inc. 11. Plaintiff incorporates herein Paragraphs 1 through 10 above. 12. On or about April 13, 2009, Richard Herman was operating the 2003 Freightliner tractor trailer with vehicle identification number of I FUJBBCG23 LK5 8924 in the area of the parking lot of the Flying J Truck Stop, 1501 Harrisburg Pike, Carlise, Middletown Township, Cumberland County, Pennsylvania. 13. At the aforesaid time and place Steven Lalonde of Nomax without warning collided with the vehicle operated lawfully by Richard Herman of Tri-State, at the aforesaid site. 14. A collision occurred between the tractor trailer operated by Richard Herman of Tri-State and the tractor trailer operated by Steven Lalonde of Nomax. 15. Steven Lalonde of Nomax operated his vehicle in a negligent and careless manner resulting in the damage noted above by reason of the following: a. Failing to maintain his vehicle at a safe speed; b. Failing to have regard for the Tri-State tractor trailer; c. Failing to yield the right of way; d. Failing to keep a proper lookout; e. Operating his tractor trailer without regard for the safety and position of Richard Herman and the Tri-State tractor trailer; f. Failing to control his tractor trailer; g. Failing to observe the rules of the road and in violating the provisions of the Pennsylvania Motor Vehicle Code and the ordinances of Middletown Township. 16. The tractor trailer operated by Richard Herman of Tri-State sustained damage to the passenger-side front fender of the tractor portion. 17. The damage to the tractor trailer operated by Richard Herman of Tri-State sustained damages as a direct result of the acts and omissions of Steven Lalonde of Nomax. 18. As a direct and proximate result of the aforesaid occurrence the Tri-State tractor trailer operated by Richard Herman sustained damage. 19. As a result of the negligence of Steven Lalonde of Nomax, Tri-State sustained damages to one of their tractor trailers and will and have incurred costs of repair. WHEREFORE, Plaintiff, as subrogate of Tri-State Expedited, demands judgment against Defendant in the amount of $7474.80 plus interest, cost and attorney fees. 'squire Dated: 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff VERIFICATION I, EDWARD J. MCKARSKI, ESQUIRE, being duly sworn according to law, depose and state that I am the attorney for Plaintiff, that I make this pleading on their behalf and that the facts set forth in the Complaint are true and correct to the best of my 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 investigatory material in the file. The undersigned understands that the statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relative to unsworn falsification to authorities. EDWARM. M1C'KARSV, ESQUIRE Dated: H (.5 2UIc? 1 LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff nr Tpt: flT 10 kt;G 2S AM 10: 16 `.JOB PENNSYLVA g nf1Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRI? INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin :Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, CIVIL ACTION - LAW No. 10-4097 Civil Term V. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario Canada KOC I AO Defendant. CERTIFICATE OF SERVICE JURY TRIAL DEMANDED I, Edward J. McKarski, Esquire, Attorney for Plaintiff Wiltshire Insurance Company, hereby certify that on August 20, 2010, I served Notice and Complaint to Defendant Nomax Transport/Ontario, Inc., which service satisfies the Pennsylvania Rules of Civil Procedure: Service by Registered Mail/Return Receipt Requested to: Nomax Transport/Ontario, Inc. 448 Dominion Street South Box 28 Alexandria, Ontario Canada KOC I AO Date:- h L) 0 5 - 0 Attorney I.D. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff Registered No. r? 3-tamp Reg. Fee 1Q j Handling .Il-I ..!ri Return v Charge Receipt J t w Postage Restricted Delivery ^ E0 O ; a }ld W3 a° Received by m T O ? ~ Customer Must Declare Domestic Insurance up to $25,000 is included , Full Value $ based upon the declared value. International Indemnity is limited. (See Reverse). 1 Jib 0 q0 o 0-? U r a mym i N N C E a. Z; O M (( - PS Form 3806, Receipt for Registered mail Copy 1 - Customer May 2007 (7530-02-000-9051) (See Information on Reverse) For domestic delivery information, visit our website at wwro.usps.COm LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarskr, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff 0~ ~-~ ~~.~-Qr ~"tC~ PC; Jf~~hOT1~R`~` 20~Q OCT - ( Pry J. ~~ ~U~9$~`RL~~b COU~Th' ~E~~~~S Y~~~~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, v. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario KOC 1 Defendant. CIVIL ACTION -LAW No. t ~ ~ ~6~j'~ JURY TRIAL DEMANDED PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the attached Complaint in the above matter. Dated: ~ ~ awl ' 1~ Edward J. McKarski, Esquire Attorney I.D. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff ~t~~~~ ate` pg~s ~~g~~~ LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff jt'p f P Ppo Zi'1 D SEC' 28 All tz IJ IPENNSYLVA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY : as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 CIVIL ACTION - LAW Plaintiff, No. 10-4097 Civil Term V. JURY TRIAL DEMANDED NOMAX TRANSPORT/ONTARIO, INC. 448 Dominion Street South Box 287 Alexandria, Ontario Canada KOC IAO Defendant. CERTIFICATE OF SERVICE I, Edward J. McKarski, Esquire, Attorney for Plaintiff Willshire Insurance Company, hereby certify that on December 16, 2010, I served Notice of Default to Defendant Nomax Transport/Ontario, Inc., which service satisfies the Pennsylvania Rules of Civil Procedure: Service by Regular United States Postal Delivery to: Nomax Transport/Ontario, Inc. 448 Dominion Street South Box 28 Alexandria, Ontario Canada KOC 1 AO Date: Gy -? Attorney I.D. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff &? ! L N1I FEB -4 F1 T 03 CliMBERLANO COUNT'? PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, V. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario KOC 1 Defendant. CIVIL ACTION - LAW No. 10-4097-Civil Term JURY TRIAL DEMANDED PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of PLAINTIFF Willshire Insurance Company as Subrogate for Tri-State Expedited and against DEFENDANT Nomax Transport/Ontario Inc.. [ ?] Assess damages as follows: Damages: $7,474.80 Interest from: April 13, 2009 @ 6% $ 784.77 TOTAL $8,259.57 [?] I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. [??J Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in this action or to his/her/its Attorney of Record. ek-#1111a ",25q 71/3 Wohce )Jh??Pej [?] Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. '1111"O"L A _e '' Edwar . Mc i, squire Attorney I.D. #36824 901 W. Lehigh Street Bethlehem, PA 18018 Telephone: 610-866-0198 Attorney for Plaintiff Willshire Insurance Company as Subrogate for Tri-State Expedited NOW, FC6. , 2011, Judgment is entered as above. Pro tary/Cler? - Civil Division By: Deputy LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, V. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario Canada KOC 1 AO Defendant. CIVIL ACTION - LAW No. 10-4097-Civil Term JURY TRIAL DEMANDED NOTICE OF FILING JUDGMENT TO: Edward J. McKarski, Esquire - Counsel for Plaintiff Nomax Transport/Ontario, Inc. - Defendant You are hereby notified in accordance with Pa.R.C.P. 236 that judgment has been entered on a: [ ] Judgment on the Pleadings [ ] Summary Judgment [ ] Partial Summary Judgment [ ] By Settlement Stipulation and Order [ ] Assessment of Damages [ ] Non Pros [X] Praecipe for Judgment concerning Civil Action No. 10-4097 on R6- 7?? GEORGE WARDEN, PROTHONOTARY Date: By: Deputy Prothonotary . 0 4 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 Raleigh, NC 27605 Plaintiff, CIVIL ACTION - LAW No. iv-9091 V. NOMAX TRANSPORT/ONTARIO, INC 448 Dominion Street South Box 287 Alexandria, Ontario KOC 1 Defendant. JURY TRIAL DEMANDED IMPORTANT NOTICE TO: NOMAX TRANSPORT/ONTARIO, INC., DEFENDANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAW SOCIETY OF UPPER CANADA 20 Toronn-T Street, St 300 - Toronto, Ontario, Canada M5C 2B8 (416) 869-1047 . • ' '1 Dated: By: EdN and J.:McKarski Attorney I.D. #36824 Attorney for Plaintiffs 901 W. Lehigh Street P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone; (610) 866-0198 Fax: (610) 866-9490 LAW OFFICES OF EDWARD J. McKARSKI BY: Edward J. McKarski, Esquire Attorney ID. No. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLSHIRE INSURANCE COMPANY as Subrogate for TRI-STATE EXPEDITED 702 Oberlin Road P.O. Box 10800 : Raleigh, NC 27605 CIVIL ACTION - LAW Plaintiff, No. 10-4097 Civil Term V. JURY TRIAL DEMANDED NOMAX TRANSPORT/ONTARIO, INC. 448 Dominion Street South Box 287 Alexandria, Ontario Canada KOC 1 AO Defendant. CERTIFICATE OF SERVICE I, Edward J. McKarski, Esquire, Attorney for Plaintiff Willshire Insurance Company, hereby certify that on August 20, 2010, I served Notice of Default to Defendant Nomax Transport/Ontario, Inc., which service satisfies the Pennsylvania Rules of Civil Procedure: Service by Regular United States Postal Delivery to: Nomax Transport/Ontario, Inc. 448 Dominion Street South Box 28 Alexandria, Ontario Canada KOC 1 AO Date: f r9 - & " / u Attorney I.D. 36824 901 W. Lehigh Street, P.O. Box 1279 Bethlehem, PA 18016-1279 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiff