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Home My WebLink About07-1045F:\FILES\DATAFILE\Donega13050\Current\43 8\438. com/emm Created: 12/29/03 8:24AM Revised: 2/23/07 3:26PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ELIZABETH BLAIS and JASON BLAIS, Plaintiffs V. CLARENCE WILLIAMS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - )6qS cio 14trA, : CIVIL ACTION - LAW 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ELIZABETH BLAIS and IN THE COURT OF COMMON PLEAS OF JASON BLAIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs +u? NO. 07 - 10 C- I di v. CIVIL ACTION - LAW CLARENCE WILLIAMS Defendant COMPLAINT 1. Plaintiffs, Elizabeth Blais and Jason Blais, are adult individuals residing at 6 Silkwood Lane, Carlisle, Pennsylvania 17013. 2. Defendant, Clarence Williams, is an adult individual residing at 131 B Willow Turn, Mt. Laurel, New Jersey 08054. 3. On or about June 20, 2005, Plaintiffs were the owners and Plaintiff Elizabeth was the operator of a 2003 Pontiac Montana traveling on Route 11 in Middlesex Township, Cumberland County, Pennsylvania, and was stopped for a red traffic signal. 4. On or about June 20, 2005, Defendant was the operator of a tractor trailer traveling on Route 11 in Middlesex Township, Cumberland County, Pennsylvania when he failed to stop for the red traffic signal and rear-ended the Plaintiffs' vehicle causing the damage hereinafter set forth. COUNT I - Negligence Plaintiffs v. Clarence Williams 5. Plaintiffs hereby incorporate by reference the averments contained in Paragraphs 1 through 4 of this Complaint. 6. The accident was directly and proximately caused by the negligence, recklessness and carelessness of Defendant in that he, among other things: a. Operated his vehicle in a careless, reckless, and negligent manner; b. Failed to keep his vehicle under proper control; C. Failed to keep a proper look-out; d. Failing to use due care under the circumstances; e. Failed to stop for a red traffic signal; and g.. Failed to abide by the rules of the road, the ordinances of the local municipality, and the laws of the Commonwealth of Pennsylvania. 7. At all times material hereto, Plaintiffs acted with due care and were not contributorily negligent. 8. As a result of Defendant's negligence, the tractor trailer collided into the rear of Plaintiffs' Pontiac. 9. The collision caused damage to Plaintiffs' Pontiac in the amount of $884.23. A true and correct copy of the repair estimate is attached hereto as Exhibit "A.." WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $884.23, plus costs, interest, and any other relief that the court deems appropriate. COUNT II - Breach of Contract Plaintiffs v. Clarence Williams 10. Paragraphs 1-9 are incorporated herein by reference. 11. Defendant verbally agreed to settle the case with Plaintiffs' insurer. 12. Defendant has failed to make any payments under the oral agreement. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $884.23, plus costs, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 2-23'07 EXHIBIT "A" t 08/08/2005 at 06:11 AM 95926 File ID: FH-0003-85 STARST_NIC APPRAISI.T,S Starsinic Appraisal Serv., Inc. Auto - Heavy Equipment - R.V.- Motorcycles P.O. Box 7462 638 So. 2nd Street Steelton, PA 17113-0462 (717)939-9891 Fax: (717)939-1992 Written By: Gerald Walton #151292 08/08/2005 06:11 AM For- DONE:IAT. - Adju.;ter: F::A9':TRR 4pip ESTIMATE OF RECORD 441 S?q? Insured: ELIZABETH BLAIS Claim 3#PAE0578773 ? ? Owner: ELIZABETH BLAIS Policy # + Address: 6 SILKWOOD LANE Date of Loss: 06/20/2005 CARLISLE, PA 17013 Type of Loss: Collision Other: (717)240-0602 Point of Impact: 6. Rear Inspect 6 STTXWOOD LANE Other: (717)240-0602 Location: CARLISLE, PA 17013 HOME Repair TSAL ONLY 1 Days to Repair Facility: License # 2003 PONT MONTANA 4X2 EXT 6-3.4L-FI 4D VAN WHIT; int: VIN: 1GMDX03E43P228211 LiC: FMS-2•x_4 -7, P---;' Dare: Odometer: 39000 A:ii: -,diticninq Rear Defogger Tilt Wheel Cruise Control Intermittent Wiper.:; Keyless Entry Tinted Glass Body Side Moldings Dual Mirrors Roof Console Luggage/Roof Rack Fog Lamps Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Power Mirrors AM Radio FM Radio Stereo Cassette Search/Seek Anti-Lock Brakes (4) Driver , Passenger Air Bag Front Side Impact Air Bag C --h is Captain Chairs (4) 7 Passenger Option Autumatic Transmi ssion Aluminum/Alloy Wheels NO . OP. -- ---------- DESC'IF " --------------- .:' EXT. PRICE LABOR PAINT ------------------- EXHAUST SYST7 '. ---- --------------------- ------ Rpl exhaust s -Ft- a 0.00 m 1.0 M 0.0 3 Kepl Muffler & pipe : ° ?r: ?a rd i 4_'.7.29 m Incl. M 0.0 wheelbase L31 4 Repl Hanger tail ri-p „TAD 1 11.60 Incl. 0.0 5 1: onv rtur F -A11 w/o AWE 6.69 rn Incl. M 0.0 1310% ------------------------------- Subtotals ==> -------------------------- L7::.58 1.0 ------ 0.0 1 08/08/2005 at 06:11 AM 95926 File ID: FH-0003-85 ESTIMATE OF RECORD 2003 PONT MONTANA 4X2 EXT 6-3.4L-FI 4D VAN WHITE Int: Parts 875.58 Mechanical Labor 1.0 hrs @ $ 45.00/hr 45.00 ------------- SULTO"'A t, - - - - - $ 920.58 Sales Ta=: $ 920.58 @ 6.0000% 55.23 --------- TOT''.I, COST OF REPAIR; -------$ 975.81 ADJUSTIMLNTS : Deductible 0 A,u?f? r 77 pir?c star.<'ard w B10$ - 44.23 Converter & pipe all w,' B101 47 2 -------------------------------- ?' TOTAL ADJUSTMENTS $ 91 YET COST OF REPAIRS $ 884.23 SUPPLEMENTAL C;i.--.RGES DISCLAIMER: supplcr„eata? reps it charges may be rt,jected unless otherwise approved b,, t!:e appraiser or the insurance company p<<or to the completion of sur-, ep i s All appraisals are subject to re, the assigning insurance company and or their affiliates. APPRAISER: A LIC. # _`l= D?=?'LE. APPROXI:.,i :J:"YS TO REPAIR DPTVBEABLE (Y or N) COPY TO: INS. Co . . -,_P r) 0"'IN EI REPAIRER VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Elizabe Blais on Blais F:\FILES\DATAFILE\Donegal3o5o\Current\438\438.com RECEIVED FEB 2 1 MARTSON n ^' - n -T -f t : -n -? 3 ?D F: \FILES\DATAFILE\Donega13050\Curtent\43 8\43 8. com/emm Created: 12/29/03 8:24AM Revised: 4/26/07 4:15PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ELIZABETH BLAIS and IN THE COURT OF COMMON PLEAS OF JASON BLAIS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07 - 1045 CIVIL TERM V. CIVIL ACTION - LAW CLARENCE WILLIAMS : Defendant PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-captioned matter. MARTSON LAW OFFICES By t Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ?_24 _ 07 C G' ? A C? a F.\FILES\Donegal3050\Current\438\438.pra/emm Created: 12/29/03 8:24AM Revised 7/9/07 11.16AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ELIZABETH BLAIS and JASON BLAIS, Plaintiffs V. CLARENCE WILLIAMS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1045 CIVIL TERM CIVIL ACTION - LAW PRAECIPE To the Prothonotary: Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES By l lc_ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 9, 2007 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Clarence Williams 131B Willow Turn Mt. Laurel, NJ 08054 MARTSON LAW OFFICES BY Ta M M. Price T East High Street Carlisle, PA 17013 (717) 243-3341 Dated: '7 / qp l -Ti