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HomeMy WebLinkAbout01-3379L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 ARBITRATION ASSESS. DAMAGE HEARING REQUIRED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CAROL A. BENTZ, 759 Carl St., York, PA 17404 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105, as subrogee of Plaintiff Carol A. Bentz, Plaintiffs VS. JEREMIAS SANTIAGO, 14220 SW 88th Ave., Miami, FL 33176, JORGE IBANEZ, 1029 Oliver St., Elizabeth, NJ 07011, and QUICK TRANSPORT TRUCKING, 8115 Lakepoint Dr., Plantation, FL 33322 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 an 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 that 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaimiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 ARBITRATION ASSESS. DAMAGE HEARING REQUIRED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CAROL A. BENTZ, 759 Carl St., York, PA 17404 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105, as subrogee of Plaintiff Carol A. Bentz, Plaimiffs VS. JEREMIAS SANTIAGO, 14220 SW 88th Ave., Miami, FL 33176, JORGE IBANEZ, 1029 Oliver St., Elizabeth, NJ 07011, and QUICK TRANSPORT TRUCKING, 8115 Lakepoint Dr., Plantation, FL 33322 Defendants. No.: Ol COMPLAINT NOW COME the Plaintiffs, Carol A. Bentz and Nationwide Insurance Company, by and through their attorney, L. Paul Johnston, Jr., and bring this civil action against the Defendants, Jorge Ibanez, Jeremias Santiago, and Quick Transport Trucking, upon a cause of action whereof the following is a statement: 1. Plaintiff Carol A. Bentz is an adult individual residing at 759 Carl St., York, PA 17404. (Hereinafter "Plaintiff Bentz") 2. Plaintiff Nationwide Insurance Company is a corporation, registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, including but not limited to, automobile insurance coverage, with an address of P.O. Box 2655, Harrisburg, PA 17105. (Hereinafter "Plaintiff Nationwide") 3. Defendant Jeremias Santiago is an adult individual residing at 14220 Southwest 88th Avenue, Miami, Florida 33176. (Hereinafter "Defendant Santiago") 4. Defendant Jorge Ibanez is an adult individual residing at 1029 Oliver Street, Elizabeth, New Jersey 07011. (Hereinafter "Defendant Ibanez") 5. Defendant Quick Transport Trucking is believed to be a Florida business entity with an address registered with the Interstate Commerce Commission and the United States Department of Transportation of 8115 Lake Point Drive, Plantation, Florida 33322. (Hereinafter "Defendant Quick") 6. At all times relevant hereto, Plaintiff Bentz was insured by Plaintiff Nationwide for motor vehicle liability and/or loss. 7. Plaintiff Nationwide brings this action as subrogee of Plaintiff Bentz, pursuant to its right of subrogation as contained in a motor vehicle liability policy issued to Plaintiff Bentz, which, at all times relevant hereto, was in full force and effect, and also pursuant to other writings and releases between the Plaintiffs, and also pursuant to Pennsylvania law. 8. On or about December 7, 1999, at or about 7:15 a.m., Plaintiff Bentz was the owner and operator of a 1993 Ford Aerostar, which was covered under the above-referenced policy, and which was traveling north on Route 83, in the right lane, at or near exit 19 in Lower Allen Township, Cumberland County. (Hereinafter "the Bentz vehicle") 9. At the date and time aforesaid, Defendant Ibanez was the owner of a 1999 Freightliner FLT with a trailer attached. (Hereinafter "the tractor trailer") 10. At the date and time aforesaid, the tractor trailer was marked with USDOT number 76491 and ICC number 344184, which were registered to Defendant Quick, and which tractor trailer was flagged as belonging to Defendant Quick, as indicated by markings on and in the tractor trailer. 11. At the date and time aforesaid, Defendant Santiago was operating the tractor trailer as an employee, agent, or contractor-lessee of both Defendants Ibanez and Quick. 12. At the date and time aforesaid, Defendant Santiago was operating the tractor trailer in furtherance of his duties as employee, agent, or contractor-lessee of both Defendants Ibanez and Quick on Route 83 north, in the right lane, at or near exit 19 in Lower Allen Township, Cumberland County. 13. As Plaintiff Bentz operated the Bentz vehicle, legally and with due and proper care, Defendant Santiago operated the tractor trailer in such a negligent and careless manner that he struck the rear of the Bentz vehicle, pushing the Bentz vehicle into the rear of the automobile that was traveling directly in front of her on Route 83 north. 14. The aforementioned negligence of Defendant Santiago also caused damages as are hereinafter more fully set forth. 15. The collision set forth above and the resulting damages were caused in no manner by any act or failure to act on the Plaintiffs' behalf. 16. Defendant Quick was, by the actions of its employee, agent, or contractor- lessee Defendant Santiago, and by the markings in and on the tractor trailer, representing itself to the public as the carrier of goods. 17. At all times relevant hereto, Defendant Quick was acting as a public common motor carrier of interstate commerce, as the same are recognized under applicable Pennsylvania and Federal law. 18. At all times relevant hereto, Defendants Ibanez, Santiago, and Quick were undertaking a joint business operation, in which liability for loss or casualty was shared equally among all parties. 19. Under applicable law, when a vehicle is being operated with ICC and USDOT endorsements, the carrier is responsible for the negligence of the operator, regardless of whether the operator is in the service of the carrier, or if the vehicle involved is owned by the carrier, a lessor, or even the operator himself. 20. A public common motor carrier can only be certified by a public authority, and as it involves an unreasonable risk of harm to the public, it is subject to liability for physical harm caused to the public by the negligence of even a contractor. 21. Under federal law, when a party is uninsured, any remaining parties are primarily liable pursuant to the MCS-90 endorsement issued to all public common motor carriers. 22. Plaintiffs believe and therefore aver that both Defendants Santiago and Ibanez are uninsured. 23. Under federal law, all leases of equipment involved in interstate commerce must be in writing and provide for public liability protection in the event one or more parties becomes uninsured. 24. The instant defendants failed to reduce their agreements to writing, in violation of federal law, or alternatively, failed to provide the necessary public liability protection. 25. If in fact it is determined that Defendant Quick is not a public common carrier for the purposes of the trip that resulted in the collision, Plaintiffs alternatively aver that Defendant Quick was the owner of the trailer portion of the tractor trailer. 26. Under Federal law, where an accident arises out of the use of a tractor trailer, it arises out of both tractor and trailer regardless of which part of the unit was involved in the accidem. 27. Therefore, Defendant Quick would be liable for all damages resulting from the above described collision. 28. The said negligence and carelessness of Defendant Santiago consisted of: A) Operating the tractor trailer at an excessive rate of speed under the circumstances; B) Failing to maintain the tractor trailer under proper and adequate control; C) Failing to maintain an adequate and proper lookout for other vehicles; D) Following traffic too close; E) Failing to give due regard to the rights, safety, and position of the other users of the public streets, highways, and intersections; F) Being otherwise negligent; G) Otherwise, violating the laws of the Commonwealth of Pennsylvania relative to the operation and control of motor vehicles. 29. Defendants Ibanez and Quick are additionally liable for failure to properly supervise, train, and/or instruct Defendant Santiago in the proper and safe method of transporting interstate commerce. All Defendants are jointly and severally liable for the collision and resulting 30. damage. 31. Solely as a result of the aforesaid collision, caused by the negligence and carelessness of all Defendants, the Bentz vehicle was damaged, the repair of which cost the Plaintiffs the sum of $3,867.83. 32. As a result of the actions of the Defendants, Plaintiff Bentz sustained personal injuries to the head, neck, back, and well as other injuries, some or all of which may be permanent in nature. 33. As a result of the actions of the Defendants, Plaintiff Bentz has suffered bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. 34. As a result of the actions of the Defendants, Plaintiff Bentz has incurred medical bills and expenses and may require further treatment for his injuries. 35. As a result of the actions of the Defendants, Plaintiff Bentz has suffered an interruption of usual occupation and daily pursuits and a loss of earnings and/or earning capacity. 36. Plaintiff Nationwide is now entitled to collect from Defendants Ibanez, Santiago, and Quick all payments, judgements and/or settlements of any kind made to Plaintiff Bentz pursuant to the uninsured/underinsured motorist provisions of the above-referenced policy with Plaintiff Bentz due to Plaintiff Nationwide's status as subrogee of Plaintiff Bentz. 37. Plaintiff Nationwide has, in fact, paid to Plaintiff Bentz the sum of $7,000.00 pursuant to the uninsured/underinsured motorist provisions of the above~referenced policy with Plaintiff Bentz and is now entitled to collect this amount from Defendants. 38. Due to the multiple violations of Federal and Pennsylvania law, Plaintiffs may also be entitled to punitive damages, special damages, interest, costs, and attorney's fees. WHEREFORE, Plaintiffs Nationwide Insurance Company and Carol A. Bentz demand judgment against the Defendants, a sum in excess of $10,867.83, but not to exceed the jurisdictional limit for compulsory arbitration, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. Respectfully submitted ~JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS.: COUNTY OF CUMBERLAND : I, L. PAUL JOHNSTON, JR., ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing 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 investigatory materials in the file. This verification is executed because the Plaintiffs can not reach Plaintiffs' counsel's office in time for personal execution and this verification can be replaced by one signed by an actual party upon any written ret uest. SWORN TO AND SUBSCRIBED before me this~0th day of~ 2001. Notary Public My Commission Expires: ,~.c~ ~Y ~ I Box 1995 Allentown, PA 18105-1995 (610) 437-5001 L. PAUL JOHNSTON, JR., ESQUIRE Attorney I.D. # 68774 1144 WEST HAMILTON STREET, P.O. BOX 1995 ALLENTOWN, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. BENTZ and NATIONWIDE INSURANCE COMPANY, as subrogee Plaintiff CAROL A. BENTZ, Plaintiffs, VS. JEREMIAS SANTIAGO, JORGE IBANEZ, and QUICK TRANSPORT TRUCKING, Defendants. of : No.: 2001-03379 PRAECIPE TO REINSTATE OR REISSUE TO THE PROTHONOTARY: X REINSTATE the Complaint in the above-captioned matter REISSUE the Writ of Summons in the above-captioned matter OTHER: Date: L. ~N, JR., ESQUIRE Atto\~ ~aintiffs Attorney ID Number: 68774 1144 West Hamilton Street P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 AFFID.SER/FORMS/5/28/02 LPJ:mdo IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW CAROL A. BENTZ and NATIONWIDE : INSUP~ANCE COMPANY, as subrogee: of Plaintiff CAROL A. BENTZ, : Plaintiffs, VS. JEREMIAS SANTIAGO, JORGE IBANEZ and QUICK TR3~NSPORT TRUCKING, Defendants. PENNSYLVANIA No.: 2001-03379 AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403 (1) and 404 (2) I, L. PAUL JOHNSTON, JR., ESQUIRE, Attorney for the Plaintiffs, being duly sworn and according to law, depose and say that I served the Complaint for the above-captioned matter on Quick Transport Trucking, pursuant to Pa.R.C.P. 403(1) and 404(2) governing service of legal papers other than original process, by mailing a copy of said Complaint by certified mail, postage prepaid to Quick Transport Trucking on the 12th day of June, 2001, to their known address of 8115 Lakepoint Drive, Plantation, FL 33322. A copy of the service letter and certified receipt are attached hereto, marked Exhibit "A",/~-~~e a part hereof. Date: J'-' JR., ESQUIRE A~.orney~lSlaintiffs SWORN TO AND SUBSCRIBED ~torney~/I.D. No. 68774 BEFORE ME THIS ~ 1144~-W. H~fmilton St., P.O. Box 1995 DAY OF May, 2002. Allentown, PA 18105-1995 /~~c~ ~'~ (610) 437-5001 L. PAUL JOHNSTON. June 12, 2001 CERTIFIED RETURN RECEIPT REOU~STED Quick Transport Trucking · Complete items l, 2, and3. Also complete ~ 'A. Re(~(F1)MM~,).J~B. i,.,. ,~ . ..,,c~ o.,~ is d~. ~ /dr.J( · Prim your n~e ~d addm~ on ~e mv~ [ ~ :~:~ ~ that we can m~rn the ~ to you. ~' ~" ~- a A~ch this cam to the back of the mNIpi~e, X ~ or on the ~nt if s~e ~. ~~ 1. ~icle A~ m: E YES. 2. At,cie Number (Copy fr(~rn sen, ice label) -Tc'x"~ C~oc~ ~.~ c~q(07, q~Tt~ PS Fo~ 3811, July 1999 ~ ~. ~ , state, Z/P+4 ........................................................... .. IN THE COURT OF COMMON PLEAS OFcuMBERLAlX~-DOUNTY, PENNSYLVANIA CIVIL DIVISION CAROL A. BENTZ and NATIONWIDE : INSURANCE COMPANY, as subrogee : of Plaintiff CAROL A. BENTZ, ~' Plaintiffs, : Vs. : JEREMIAS SANTIAGO, gORGE : IBANEZ AND QUICK TRANSPORT : TRUCKING, Defendants. : · File No. 2001-03379 PRAECIPE .FOR .JUDGMENT TO TIlE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff/l~lgll~li~l/fitll~nd against: Defendant gorge Ibanez and Defendant Qui~k Transport Trucking forwantof failure to answer comp.laint. ( X ) Assess damages as follows: Debt ..................................................... $ 10,867.83 Interest from ......... Attorney's Commission .......................... -~-- TOTAL ............................................... $ 10,867.83 ( X ) 1 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 for the complaint. ( x ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praccipe has been mailed to each other party ~vho has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I ccrti~' that written notice ofthe intent to file this praccipe was mailed or delivered to the parD' against whom judgment is to be entered and to his/her Attorney~9/~ff-~~__°f Record, if any, after the default occurred and at lea~l~days prior to thc date . of the filing of this praecipe and ~ copy afthe nnficc is altachcd/ /) DATE: , . __ Signature / . I'rintNa,me~ Pay~Johnston, Jr., Esquire . .. . AddresS. ~ Box 1995 a~eneown, Pa 18105-1995 Telephone: (610) 4~7-5001 Supreme Court ID No.: 68774 (Rev.4/97) __, .IUI)GMENT IS ENTERED AS ABOVE. Deputy L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West ~amilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney f. or Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COhrNTY, CIVIL DIVISION - LAW CAROL A. BENTZ and NATIONWIDE INSURANCE COMPANY, as subrogee of Plaintiff CAROL A. BENTZ, VS. Plaintiffs, JEREMIAS SANTIAGO, JORGE IBANEZ and QUICK TRANSPORT TRUCKING, Defendants. TO DEFENDANT JORGE IBANEZ: No.: 2001-03379 May 28, 2002 IMPORTANT NOTICE PENNSYLVANIA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTE~ WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET F( AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DAT THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHO' HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RI~ YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU E HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717~249-3166 (~~ JEREMIAS SANTIAGO, JORGE : IB~/~EZ and QUICK TRANSPORT : TRUCKING, : Defendants. : May 28, TO DEFENDANT QUICK TRANSPORT TRUCKING: IMPORTANT NOTICE 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITI~ WTTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FOR' FROM THE DATE 'IN THE COURT OF COMMON PLEAS OFOUMBERLANCzQUNTY' PENNSYLVANIA CIVIL DIVISION CAROL A. BENTZ and NATIONWIDE : INSURANCE COMPANY, as subrogee : of Plaintiff CAROL A. BENTZ, : "-' Plaintiffs, : 'File No. Vs. JEREMIAS SANTIAGO, JORGE : IBANEZ AND Q~tCK TRANSPORT : TRUCKING, : ~ Defendants- PRAECIPE ~FOR JUDGMENT 2001-03379 TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Piaintiff/gl~litlg~and against: Defendant Jorge Ibanez and Defendant Qui~k Transport Trucking forwantof failure to answer comp~.aint- ( X ) Assess damages as follows: Debt ................................................... $ 10,867.83 lnterest from ......... Attorney's Commission ........................ -'-- $ 10,867.83 TOTAL ( X ) I certi[v that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. ( x ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment or decree), ! certify that a copy of this praecipe has been mailed to each other party, who has appeared in the action or to his/her Attorney of Record· ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intent to file this praeeipe was mailed or delivered to the part3.' aga,nst whom judgment is to be entered and to his/her Attorney of Record, if an3', after the default occurred and at le ~days prior to the date a copy of the notic7 is attac~ of the filing, of this praecipe and DATE: ~)~//~/''' . Print Name:~- ~tl.//~ohnston, Jr. , Attorney ~:_~Pl~ ff~lffS AddresS: t-~.6. Box 1995 Allentown, PA 18105-1995 Esquire Telephone: (610) 437-5001 Supreme CourtlD No.: 68774 NOW. (Rev.4/97) , .IUDGMENT IS ENTERED AS A~VE. a Deputy L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION - LAW CAROL A. BENTZ and NATION-WIDE : INSURANCE COMPANY, as subrogee: No.: 2001-03379 of Plaintiff CAROL A. BENTZ, : Plaintiffs, : VS. : JEREMIAS SANTIAGO, JORGE : IBANEZ and QUICK TR3kNSPORT TRUCKING, Defendants. May 28, 2002 TO DEFENDANT JORGE IBANEZ: IMP RT T N TI E PENNSYLVANIA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-31~ L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION - LAW CAROL A. BENTZ and NATIONWIDE : INSUR3tNCE COMPANY, as subrogee: No.: 2001-03379 of Plaintiff CAROL A. BENTZ, : Plaintiffs, : VS. : JEREMIAS SANTIAGO, JORGE : IBANEZ and QUICK TRANSPORT : TRUCKING, : Defendants. : May 28, TO DEFENDANT QUICK TRANSPORT TRUCKING: IM RANT T E 2002 PENNSYLVANIA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY A/qD FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-~ L. JR., ESQUIRE IN THE COURT OF COMMON PLEAS O~UMBERLAN'~OUNTY, PENNSYLVANIA CIVIL DIVISION CAROL A. BENTZ and NATIONWIDE : INSURANCE COMPANY, as subrogee of Plaintiff CAROL A. BENTZ, : Plaintiff(s) : VS. JEREMIAS SANTIAGO, JORGE IBANEZ and QUICK TRANSPORT TRUCKING, Defendant(s): File No. 2001-03379 NOTICE OF FILING JUDGMENT ( x ) Notice is hereby given that a Judgment in the above captioned matter has been entered against .you in the amount of ~1o~867.s3 on._)tax3c_ 227 , lxtY2oo2 ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. If you have any questions regarding this Notice, please contact the filing party: NAME: L. PAUL JOHNSTON, JR., ESQUIRE ADDRESS: P.O. Box 1995 AllenLown, PA 18105-1995 TELEPHONE NO. (610) 437-5001 (This Notice is give in accordance with Pa.R.C.P. § 236.) Defendant, Defendant, hereby file this Suggestion of Bankn, lptcy and as by and through 'their under, signed g~unds therefore would state the 1. De~ndants ~ed a Chapter 13 ~h the Bank~ptcy Cou~ oD /¢/~ ~O % 2. The filing of the BankruptCy Pet~on operates as an Autom~ic Stay against all actions, P~ceedings and enfomement against the Debtor, 11 U,S.C~ ~c, 362. WHEREFORE, Defendants suggests that Ibis amion be stayed, ~ HEREBY CERTI~ that e ~e and c~ Co~y of the ton otn Su oD this ~ day of ~_~~d'~.. ~ r~ ~. :gge2~on of Bankm tcv is ARNO~ HECKER, ESQ. ' ~omey for Defend~n~ F[odda Bar#0123438 L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney for Plaintiff VS. JEREMIAS SANTIAGO, JORGE IBANEZ and QUICK TRANSPORT TRUCKING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION - LAW CAROL A. BENTZ and NATIONWIDE : INSURl%NCE COMP~lqY, as subrogee: No.: 2001-03379 of Plaintiff C~ROL A. BENTZ, : Plaintiffs, : Defendants. : May 28, 2002 TO DEFENDANT JORGE IBg/q'EZ: IMPORTANT NOTICE PENNSYLVANIA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARA/~CE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-31~/ BY: L.~N, JR., ESQUIRE L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION - LAW CAROL A. BENTZ and NATIONWIDE : INSURANCE COMPANY, as subrogee: No.: 2001-03379 of Plaintiff CAROL A. BENTZ, : Plaintiffs, : Vs. : JEREMIAS SANTIAGO, JORGE : IBANEZ and QUICK TRANSPORT : TRUCKING, : : Defendants. : May 28, 2002 TO DEFENDANT QUICK TRANSPORT TRUCKING: IMPORTANT NOTICE PENNSYLVANIA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY ~ FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 C~iNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENI3E CARLISLE, PA 17013 717-249-~ BY:L. ~NST~, JR., ESQUIRE IN THE COURT OF COMMON PLEAS OI~rJi'IBERLAN(~OUNTY, PENNSYLVANIA CIVIL DIVISION CAROL A. BENTZ and NATIONWIDE INSURANCE COMPANY, as subrogee of Plaintiff CAROL A. BENTZ, Plaintiff(s) VS. JEREMIAS SANTIAGO, JORGE IBANEZ and QUICK TRANSPORT TRUCKING, File No. 2001-03379 NOTICE OF FILING JUDGMENT Defendant(s): ( X Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $10;867.83 on ~)O~5¢ 227 , ~0(2002 X A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. If you have any questions regarding this Notice, please contact the filing party: NAME: 5. PAUL JOHNSTON, ADDRESS: P.O. sox 1995 Allentown, PA TELEPHONE NO. JR., ESQUIRE 18105-1995 (610) 437-5001 (This Notice is give in accordance with Pa.R.C.P. § 236.) IN THE '¢~-q,k~R"-(-~E~:~FFT7 IN AN[) FOR r--~,~,~'COUNTY. FLO!~Ir]A CASE NO: ~Y~/4 Defendant, by and through [hair undersigned counset, hereby fi e this Suggestiorl of Bankn, lptcy and as grounds therefore would state the foiio~ng: 2, T~e filing of the BankruptCy. Pettf~on operates as an A~.C~or~atlc Stay against, all action..,,' " proceedings and enforcement ageing: the Debtor, WHEREFORE, Defenders s~,,gg~t.~ that tl~s action be stayed~ ARNO~ HECKER, ESQ. A~omey for Defendant Flodda Bar~012243~ SHERIFF'S RETURN - .O: 2001-03379 P .oNWEALTH OF PENNSYLVANIA ,JNTY OF CUMBERLAND BENTZ CAROL A ET AL VS. SANTIAGO JEREMIAS ET AL U.S, CERTIFIED MAIL R. Thomas Kline County, Pennsylvania, within named DEFENDANT prepaid, on the 22nd day of 14220 SW 88TH AVENUE MIAMI, FL 33176 and attested copy of with receipt oo/oo/oooo , Sheriff of Cumberland who being duly sworn according to law served the ,SANTIAGO JEREMIAS , by United States Certified Mail postage February ,2002 at 0000:00 HOURS, at the attached COMPLAINT & NOTICE , a true Together The returned card was signed by ~ETU~NED: ATTEMPTED NOT KNOWN on Additional Comments: Sheriff,s Costs: Docketing 18.00 Cert Mail 4.17 Affidavit Surcharge 10.00 .00 32.17 So answ~s: J~ R. Thomas Kline Sheriff of Cumberland County Paid by L PAUL JOHNSTON JR Sworn and subscribed to before me 5his./3% day of~ ~£ A, P. - ;P~othonotary ~ on 03/04/2002 SHERIFF'S RETURN - .©: 2001-03379 P ~oNWE~LTH OF PEi~NSYLVANIA JNTY OF CUMBERLAND BENTZ CAROL A ET AL SANTIAGO JEREMIAS ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEPENDANT ,IBANEZ JORGE , by United States Certified Mail postage prepaid, on the 22nd day of February ,2002 at 8043 LAKEPOINTE DRIVE PLANTATION, FL 33322 and attested copy of the attached COMPLAINT with receipt card was signed by J. .02/2S/2002 Additional Comments: IBANEZ 0000:00 HOURS, at & NOTICE , a true Together The returned on Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6 00 4 17 00 10 00 00 20 17 Sheriff of Cur~berland County Paid by J PAUL JOHNSTON JR Sworn and subscribed to before me this /~ day of ~ ~ A.D. ~othonotary ~ on 03/07/2002 · Print your name and address on the reverse so that we can return the card to you. C. Signature · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jorge E. Ibanez 8043 Lakepointe Drive Plantation, FL 33322 D. Is delivery addn~s diffefenl~frorn item 17 t-/Yes ~ ~f YES, enter delivery address below: t"l No 7~i 2510 0009 1018 6652 Form 3811, March 2001 3. Service Type [] R~gistersd I~ Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) [] Yes 0[-3379 civ Domestic Return Receipt RETURN RECEIPT REOUEI · 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: Jeremias Santiago 14220 SW 88th Avenue Mi~i, FL 33176 A. Received by (Plea~ 8. Date of Delivery C. Signature [] Agent X [] Addressee D. Is delivery address different fmrn item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type XJ[~] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise I'q Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7001 25i0 0009 1018 66q~ 01-3379 civ PS Form 3811, Mamh 2001 Domestic Return Receipt 102595-01-M-1424