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HomeMy WebLinkAbout07-10672032321 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 S. 2181 Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Allstate Insurance Co., COURT OF COMMON PLEAS Individually and as Subrogee on CUMBERLAND COUNTY behalf of Laurie Debarr P.O. Box 168288 Irving TX 75016 and DOCKET N0. j?'7'... / u Laurie Debarr 04,7 (2, 33 Victoria Way Camp Hill PA 17011-1727 le'q-j"j vs. Robin Parker 115 Bungalow Road, Apt. B Enola PA 17025-2340 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 JUDGEMENT 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, 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. Laurie Debarr, (the "Plaintiff"), is an adult individual residing at the address above captioned. 2. Plaintiff, Allstate Insurance Co., is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is subrogated to the rights of the Plaintiff arising out of the within claim. 3. Robin Parker, (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about July 27, 2005, the Plaintiff did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. 5. On or about July 27, 2005, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. 6. On or about July 27, 2005,on Valley Road in Enola, Pennsylvania, the vehicle of the defendant was being operated in such a negligent and careless manner that it came into violent contact with the plaintiff' s vehicle causing property damage to the Plaintiff's motor vehicle. 7. At the time and place aforesaid, the negligence and carelessness of the Defendant consisted of the following: a. Operating said vehicle at a high and excessive rate of speed under the circumstances; b. Failing to give proper and sufficient warning of the approach of said vehicle; C. Failing to have said vehicle under proper and adequate control at the time; d. Operating said motor vehicle without due regard for the rights, safety and position of the Plaintiff herein at the point aforesaid; e. Failing to sound a horn or other signaling device as to give warning to the plaintiff; f. Violating the rules and regulations of the road, ordinances of the County of Cumberland, and the statutes of the Commonwealth of Pennsylvania; and g. Operating said vehicle without observing and heeding the road and traffic conditions then and there existing. 8. As a result of Defendant's negligent and careless operating of the motor vehicle, the plaintiff's motor vehicle sustained damages in the amount of $4,078.05. 9. At all times material hereto the plaintiff was insured by plaintiff, Allstate Insurance Co.. 10. As a further result of the defendant's negligence, Allstate Insurance Co. has made compensation for said property loss to the plaintiff. 11. Plaintiff Allstate Insurance Co., individually and as subrogee on behalf of the plaintiff, Laurie Debarr, has paid money to the plaintiff for property damage in the amount of $4,078.05 for which plaintiff demands remuneration from the defendant. WHEREFORE, Plaintiff, Allstate Insurance Co., claims damages d from the Defendant, in the amount of $4,078.05, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBE G, ESQUIRE PAUL M. SC D, JR., ESQUIRE Attorney for Plaintiffs P01d 2032321 VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEI ERG, ESQUIRE d bi' D w t`? c_ rV m co N co O n } GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Allstate Insurance Co., Individually and as Subrogee on behalf of Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 VS. Robin Parker COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1067 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, Robin Parker, and assesses the damages as per statement below. K"**'?' FREDERIC I. WEI ERG, ESQUIRE PAUL M. SCHOFI LD JR., ESQUIRE Attorney for Plaintiff Principal $4,078.05 Interest from 7/27/05 @0 *6 $.00 Costs (Complaint & Service) $97.90 Total: $4,175.95 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WEI , ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this 30+ - day of 4.1,1 , 2007 Judgment is entered in favor of the plaintiff(s) nd against defendant, for want of an answer and damages assessed at t sum of , $4,175.95 as per the above certification. 4 Prothonotary i GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Allstate Insurance Co., Individually and as Subrogee on behalf of Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Robin Parker DOCKET NO. : 07-1067 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is Allstate Insurance Co., Individually and as Subrogee on behalf of Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 ; and that the last known address of defendant,Robin Parker, 115 Bungalow Road, Apt. B, Enola PA 17025-2340. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE PAUL M. SC LD, JR.,ESQUIRE Attorney for Plaintiff Date : April 4, 2007 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Allstate Insurance Co., Individually and as Subrogee on behalf of Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 VS. Robin Parker COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1067 AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, Robin Parker, 115 Bungalow Road, Apt. B, Enola PA 17025-2340; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers, and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this Day o 07. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL, SEAL CHRISTINE M. COLON, Notary Public City of Philadelphia, Phila. County My Cpmmg!?n ;&P P002-3 FREDERIC I. INBERG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 2032321 Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 VS. Robin Parker COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1067 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA Robin Parker 115 Bungalow Road, Apt. B Enola PA 17025-2340 DATE OF NOTICE/FECHA DEL AVISO: March 22, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINB G, ESQUIRE PAUL M. SCH JR., ESQUIRE P10D-2 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Allstate Insurance Co., Individually and as Subrogee on behalf of Laurie Debarr 33 Victoria Way Camp Hill PA 17011-1727 VS. Robin Parker COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1067 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $4,175.95. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff Dated: April 4, 2007 N Ul Gj -xi co CASE NO: 2007-01067 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE CO ET AL VS PARKER ROBIN JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon "'AMT7L.In n(In TNT the DEFENDANT , at 1939:00 HOURS, on the 1st day of March 2007 at 115 BUNGALOW ROAD APT B ENOLA, PA 17025-2340 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 3?o g?o 1 ) ' 42.40 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 03/02/2007 GORDON & WEINBERG By: r -- ?' D uVy Sheriff A.D.