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Home My WebLink About06-4349Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Sentry Insurance Co. A/S/O Quality Logistics, Inc. And Inland Freight Services, Inc PO Box 8026 Stevens Point, WI 54481 VS Cressler Trucking, Inc. 10609 Seibert Ave. Shippensburg, PA 17257 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 Cwenry (20) days after this complaint and notice are served, by entering a w;inen appearance person- ally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against ,you. You are wamedthat if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for anv monev claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or crooercr, por other .rights imoortanc to vou. Yorrskould 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 our where you can get legal help. Cumberland County Bar Association Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: 6(.-44241? AVISO Le hart demandado a ustcd en la carte. Si usted quiete defenderse de eras demanders expuescas en las paginas siguientes. usted tiene veinte (20) dies de plaza all partir de la fecha de la demanda y la notificacion. Hate falta asentar una compamncia escrita o en persona o can on abogado y antregar a la carte cn forma cscrim sus defenses o sus objeciones a las demandas en contra de so persona. Sea avisado out: si usted no se detiende. la carte tomara medidas y puede continuar to demanda en contra suya sin previo aviso o nocificacion. Adcmas, lacorce puede decidir a favor del demandante ,v reauierc out: usted cumpla can rodas [as provisiones de ester demanda. listed puede pert dinero a sus propiedades u otros derechos importantes. para usted. Lleva esra demanda a un abogado inmediaramente. Si no riene abogado o si no lien el dinero srrflcienrr de pagar tal senicio. Vaya en persona o (lame par telefono a In oftcina cuya direction se encuentra escrita abaja para averfguar donde se puede conseguir asistencia legal Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiffs Sentry Insurance Co. A/S/O Quality Logistics, Inc. And Inland Freight Services, Inc PO Box 8026 Stevens Point, WI 54481 VS Cressler Trucking, Inc. 10609 Seibert Ave. Shippensburg, PA 17257 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No (!?)I, - 4A COMPLAINT 1. Plaintiff Sentry Insurance Co. 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. Quality Logistics, Inc and Inland Freight, Inc. are corporate entities insured with Plaintiff Sentry Insurance Co. on 8-9-05 3. Defendant Cressler Trucking, Inc. is a trucking company incorporated and licensed m the Commonwealth of Pennsylvania and having as one of its principle places of business, the above captioned address. 4. On or about 8-9-05 Plaintiff Sentry Insurance Co. insured Quality Logistics, Inc. and Inland Freight Services, Inc. with a business/commercial auto policy, policy number 3603-051 said policy covering a 2004 International and carrying with same collision and rental coverages. 5. On or about 8-9-05, Defendant Cressler Trucking, Inc. was acting by and through its agent, servant, employee, workman and/or sub agent Robert Oizaph, while same was operating a tractor-trailer owned and or registered to Defendant Cressler Trucking, Inc. 6. On or about 8-9-05 at or near the Flying J Truck Stop, Dallas, TX. Defendant's agent, servant and or employee, Roberet Orzaph while operating the aforesaid tractor trailer owned, leased and or registered to Defendant did negligently, carelessly and/or recklessly, strikelcollide into Plaintiff's insured's stationary and legally parked 2004 International causing extensive damages to same. 7. The negligence of the Defendants consisted of: a. Negligent ent ustment; b. Failing to exercise due care; c. Being inattentive; d. Failing to maintain proper lookout; e. Failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; f. Failing to yield right of way; g. Being inattentive, h. Improper use of turn signals; i. Improper methods of backing; j. Failing to give due regard to the right, safety, point and position of plaintiffs property: 8. The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and were due in no manner whatsoever to any act and/or failure to act on part of Plaintiff's insured. 9. As a result of the aforesaid collision, Plaintiffs insured's vehicle sustained extensive damages to same. 10. Pursuant to the aforesaid policy of insurance, Plaintiff Sentry Insurance. Co settled the collision and rental claims of its insured in the amount of $21,293.28, (said figure includes Plaintiff's insured's first party deductible) representing fair and reasonable reimbursement for the damages sustained. 11. Pursuant to the aforesaid policy of insurance, Plaintiff Sentry Insurance Co. is subrogated to Quality Logistics, Inc and Inland Freight Services, Inc. for this loss. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $21,293.28 together plus costs, interest and such other relief this Court finds equitable and just. GlJ?? Bnan J. Uilker, Esq. SENT-1006 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 unworn 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 /1-7 ? Brian J. alker, Esquire Dated: "//, , d ? 1 a W (AJ 8 a F u IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sentry Insurance Co. Case No. 06-4349 A/S/O Quality Logistics, Inc., and Inland Freight Services, Inc., Civil Action-LAW Plaintiffs V. Cressler Trucking, Inc., Defendant PREACIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant in the above-captioned matter. Respectfully submitted, son to Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17015 O: (717) 240-4686 F: (717) 258-4686 C7 N T a p V (1? nVir cz: ri''1- CV C.n _om fJ ? "7 j Co ? m v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sentry Insurance Co. Case No. 06-4349 A/S/O Quality Logistics, Inc., and Inland Freight Services, Inc., Civil Action-LAW Plaintiffs V. JURY TRIAL DEMANDED Cressler Trucking, Inc., Defendant ANSWER AND NEW MATTER 1. Denied. Answering Defendant is without information and belief as to the truth of the averments of paragraph 1, hence they are denied and proof is demanded at the time of trial. In the alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e). 2. Denied. Answering Defendant is without information and belief as to the truth of the averments of paragraph 2, hence they are denied and proof is demanded at the time of trial. In the alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e). 3. Admitted. 4. Denied. Answering Defendant is without information and belief as to the truth of the averments of paragraph 4, hence they are denied and proof is demanded at the time of trial. In the alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e). 5. Admitted. 6. Admitted in part and denied in part. It is admitted that on said date Robert Orszagh was operating a tractor trailer at or near the Flying J Truck Stop in Dallas, Texas. Answering Defendant is without information and belief as to the truth of the other averments of paragraph 6, hence they are denied and proof is demanded at the time of trial. In the alternative, said averments are denied pursuant to Pa.R.C.P. Rule 1029(e). Any and all allegations of negligence, carelessness and/or recklessness of Answering Defendant are specifically denied. 7(a)-(j). Denied. Answering Defendant is without information and belief as to the truth of the averments of paragraph 7(a)-(j), hence they are denied and proof is demanded at the time of trial. In the alternative, the averments are denied pursuant to Pa.R.C.P. Rule 1029(e). The averments are further denied as conclusions of law. 8. Denied. Any and all averments of paragraph 8 are denied pursuant to Pa.R.C.P. Rule 1029(e). Any and all allegations of negligence of Answering Defendant are specifically denied and proof of same is denied at time of trial. 9. Denied. Answering Defendnat is without information and belief as to the truth of the averments of paragraph 9, hence they are denied and proof is demanded at the time of trial. In the alternative, said averments are denied pursuant to Pa.R.C.P. Rule 1029(e). 10. Denied. Answering Defendnat is without information and belief as to the truth of the averments of paragraph 10, hence they are denied and proof is demanded at the time of trial. In the alternative, said averments are denied pursuant to Pa.R.C.P. Rule 1029(e). 11. Denied. Answering Defendnat is without information and belief as to the truth of the averments of paragraph 11, hence they are denied and proof is demanded at the time of trial. In the alternative, said averments are denied pursuant to Pa.R.C.P. Rule 1029(e). WHEREFORE, Answering Defendant requests this Honorable Court dismiss Plaintiffs' Complaint. NEW MATTER 12. Some or all of Plaintiff's claims may be barred or reduced by release or waiver pending discovery. 13. Some or all of Plaintiff's claims are due to the negligence, carelessness and/or recklessness of a party other than Answering Defendant. 14. Some or all of Plaintiff's claims are due to the negligence, carelessness and/or recklessness of Plaintiff's insured's employee, agent, servant, workman and/or subcontractor. 15. Some or all of Plaintiff's claims may be barred by the statute of limitations. 16. Some or all of Plaintiff's claims maybe barred by the Plaintiff's comparative or contributory negligence. Respectfully submitted, Sonya I 'sto Attorney I.D. 92919 Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17013 O: (717) 240-4686 F: (717) 258-4686 v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sentry Insurance Co. Case No. 06-4349 A/S/O Quality Logistics, Inc., and Inland Freight Services, Inc., Civil Action-LAW Plaintiffs V. Cressler Trucking, Inc., Defendant VERIFICATION / -br P, hereby verify that the averments made in the attached Answer and New Matter in the above matter 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 unsworn falsification to authorities. Dated: 9 .ZB oCo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sentry Insurance Co. Case No. 06-4349 A/S/O Quality Logistics, Inc., and Inland Freight Services, Inc., Civil Action-LAW Plaintiffs V. Cressler Trucking, Inc., Defendant CERTIFICATE OF SERVICE I certify that the foregoing Answer and New Matter in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 29th day of August, 2006. Brian J. Walker Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 Sonya Kivis C? C o o Q T v a°' Cl) i r C_ _6,. .a C) tit Co it + SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SENTRY INSURANCE CO VS CRESSLER TRUCKING INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CRESSLER TRUCKING INC but was unable to locate Them deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE On August 29th , 2006 , attached return from FRANKLIN s office was in receipt of the Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 41.10 Sheriff of Cumberland County Postage 63 78.73 q p r,10(, 08/29/2006 HENNESSY WALKER GROUP Sworn and subscribe to before me this day of in his bailiwick. He therefore County, Pennsylvania, to A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Sentry Insurance CO et al VS. Cressler Trucking Inc No. 06-4349 civil Now, August 15, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Ctrnberland County Sheriff. Thank you. Affidavit of Service /f , 20 46 , at 3.'a o'clock /0 M. served the Now, &M?? - within Ld-wow at 1Gb0f by handing to AI D. PA 17, a ¢• .Q I?C.cQ. copy of the original and made known to the contents thereof. So -A. /// A COMMONWEALTH OF PENNSYLVANIA : COUNTY OF FRANKLIN Sworn and ?u! : ribed to ;:c1bre me this?3 day of 20 b, No ay . Notarial Seal Richard D. McCarty, Notary Public Chambersburg Soro, Franklin County My Commission Expires Jan. 29, 2007 of I County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT Sentry Insurance Company A/S/0 Quality Logistics, Inc. VS. Cressler Trucking, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4349 20 06 Civil Action Law RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian J. Walker, Esquire, AI C counsel for the (p1 tlf?iefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 21,293.28 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas B. Marcello, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully s tted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ?, s ? N c ? C ? ? ? --?-_ Sentry Insurance Company A/S/0 Quality Logistics, Inc. VS. Cressler Trucking, Inc. IN TIM COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4349 20 06 Civil Action Law RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian J. Walker, Esquire, AIC counsel for the lainti efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 21,293.28 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas B. Marcello, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. xespec?s,ity su)f#fted, ORDER OF COURT AND NOW, 0,0 /0 200-1, in consideration of the foregoing petition, e Esq., and d&&&M ?o Esq.,'and (JAvin '9&0- Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By t ? f u,% CA j B. ?LLEY ?Pe6l cJ via 40 Jet 1..... '. SENTRY INSURANCE CO. Plaintiff CRESSLER TRUCKING, INC. Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06 - 4349 Civil Action - Law, Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signa e ROGE? B. IRWIN, ESQUIRE Name (Chairman) IRWIN & McKNIGHT Law Finn 60 WEST POMFRET STREET Address CARLISLE, PA 17013 City, zip * 11 407 Signature STEPHEN D. TILEY, ESQUIRE Name Law Firm 5 SOUTH HANOVER STREET Address CARLISLE, PA 17013 City, zip ? Maas Award Signature LESLIE ANN TOMEO, ESQUIRE Name Law Firm 155 SOUTH HANOVER STREET Address CARLISLE, PA 17015 City, zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: if damages for delay are awarded, they shall be separately stated.) elfte . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: t 3i o ; ..?,. mz - N, `(Chairman) T f Date of Award:_ Notice of Entry cf A.wzrd Now, the t8 day of , 20_01-, at3 43 , P M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ???itrators' rmm??ncatipn in be paid upon appeal: S 350, 00 Y• othonotary Deputy "U , cn M '- 3 L`a G W :55 1000 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Sentry Insurance Co. Case No. 06-4349 A/S/O Quality Logistics, Inc., and Inland Freight Services, Inc., Civil Action-LAW Plaintiffs V. Cressler Trucking, Inc., Defendant PRAECIPE TO MARK SETTLED, SATISFIED AND DISCONTINUED To the Prothonotary: Please mark the docket in this matter settled, satisfied, and discontinued. By: 4 Brian J. Walke , 4squlire Hennessey & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 Attorney for Plaintiff By: Soya A o, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17015 Attorney for Defendant C -' ? _ _^? ]] k ., v ,.J `r't _ C='? ---r T'. # ? ;-;. '? . i y. ??,, w ` v1 .'il`k ?^I''»