Nesquehoning is taking a trucking company that caused a crash in the borough last November to court for payment.

On Wednesday, borough council voted unanimously to file a suit through the district magistrate's office against Kritsak Trucking of Allentown.The borough is suing for payment of expenses incurred by emergency responders and the borough after one of its drivers lost control of the tractor-trailer he was driving while attempting to descend Route 93 into Nesquehoning on Nov. 5 and barreled through the routes 93-209 intersection and rolled the rig and its contents of steel beams onto the property of Dennis Creitz, taking out his fence and damaging the highway.Kritsak is represented through the insurance carrier National Casualty Company.The borough charged Kritsak $3,450 for the expenses incurred, borough solicitor Robert Yurchak said, but the company offered only just over $1,000 in payment."They basically are saying take it or leave it," he said. "My recommendation is let's take it to court and see what we get."Councilman Frank Jacobs asked if it was worth it.Yurchak said it would only be to the district magistrate level.John McArdle, Nesquehoning Hose Company fire chief, said the problem with the negotiations for payment is because the company is citing federal, state and borough law, and feels that since the rig didn't spill any diesel fuel or other fluids in the crash, the response of the fire departments weren't necessary.He said it could have been a disaster for the four families who have wells at that site if the rig, when the wreckers were removing it from the property, had a fuel line rupture without the fire company there to stop it quickly.The other point of contention that reduced the actual payment from the bill was because the company felt the rates charged were too high.Yurchak said that they were looking at disaster rates, which was not the case in Nesquehoning.Councilwoman Mary Fox voiced some concern over going to court though because legal fees are not included in the bill, meaning if the court doesn't award attorney and legal fees incurred by the borough because of the suit, that is money out of their pocket that they cannot get back.That fact, council decided, was not a strong enough motivator to accept the offer.