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Home My WebLink About03-0662 IJADA K. WORMSLEY, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW MATTHEW L. JONES, ; NO. 0 3~ (P&2 Defendant : JURY TRIAL DEMANDED 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 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, PA 17013 800-990-9108 IJADA K. WORMSLEY, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ; NO. 0:3- (p<P:L MATTHEW L. JONES, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Ijada Wormsley, by her undersigned counsel, and respectfully brings this action at law, setting forth in support thereof as follows: 1. Plaintiff herein is Ijada K. Wormsley, an adult individual, residing at 3602 Brookridge Terrace, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Matthew L. Jones, is an adult individual with a listed residence at 240 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about July 3, 2002, Plaintiff was in her motor vehicle driving in a southerly direction on South Front Street in the borough of Worms ley burg, Cumberland County, Pennsylvania. At a point approximately 50 feet north of the intersection with Hauck Street, Defendant, in a parked vehicle, turned from a parking space into the southerly lane of traffic in front of Plaintiff. As a result, the left front portion ofthe vehicle driven by Defendant collided with the front end and right front areas of Plaintiff's vehicle, causing extensive damage. 4. The accident was caused by the negligence of Defendant in that he: A. Failed to yield to oncoming traffic, pulling out from a parking area; B. Failed to properly observe and heed oncoming traffic; C. Plaintiff believes, and therefore avers, that Defendant was operating a motor vehicle under the influence of drugs or alcohol; D. Moving a parked motor vehicle into traffic without regard to oncoming traffic is in violation of ~3333 of the Pennsylvania Motor Vehicle Code. 5. As a result of the accident, Plaintiff sustained extensive damage to her vehicle and costing $4,446.96 to repair. 6. As a result of the accident, Plaintiff had to rent a replacement automobile costing $650. 7. Plaintiff further incurred an uncompensated wage loss in the amount of$385. 8. As a result of the accident, Plaintiff suffered acute lumbar and cervical strain, resulting in considerable pain, loss of work and loss of enjoyment of life. 9. As a result of the accident, Plaintiff has endured pain and suffering, embarrassment and humiliation, and loss of enjoyment of life and she can expect to endure same into the future. 10. Plaintiff can be expected to incur medical benefits of over the first-party benefit threshold. 11. Plaintiff can be expected to incur wage losses in excess of the first-party benefit threshold. 2 WHEREFORE, Plaintiff requests judgment against Defendant in an amount in excess of $20,000.00, together with interest and costs of suit. Respectfully, Date: /5)4 J 2- /' /:~ '..,. ./ ~:O;/. . / .... , Iii /Kenneth A. Wise, Esquire Attorney J.D. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff 3 VERIFICATION Upon my personal knowledge or information and belief, I hereby verifY that the facts averred in the foregoing Complaint are true and Correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of l8Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: J~/ I 7/0~ " ~mdl;J IJADA K. WORMSLEY ) ~ ~ Q (,h >~ ~ \...~, '--. :.) u.) ..~..., -(: \ -~f' '~ -....' \)'1 'kl 1,-_ "- .J ~ ;--- '........ '--~ ,f " ( ) C cry. ,-, c- ( ~,) ,) SHERIFF'S RETURN - REGULAR CASE NO: 2003-00662 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORMSLEY IJADA K VS JONES MATTHEW L BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES MATTHEW L the DEFENDANT , at 1822:00 HOURS, on the 19th day of February, 2003 at 240 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055 by handing to MATTHEW JONES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.28 .00 10.00 .00 36.28 So Answers: r-~~~ R. Thomas Kline me this (;C:.. 7- day of 02/20/2003 KENNETH A W1Si1. ~ By, ~IA Deputy Sh~riff Sworn and Subscribed to before ~ J.-VV3 A.D. q {JbJ- ~ V'~ "~' \ ~prothonotary , -- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA IJADA K. WORMSLEY, Plaintiff CIVIL ACTION - LAW vs. No.: 03-662 MATTHEW L. JONES, Defendant : JURY TRIAL DEMANDED NOTICE TO FILE A WRITTEN RESPONSE To: Ijada K. Wormsley c/o Ken Wise, Esquire Graybill & Wise, P.C. 126 Locust Street PO Box 11489 Harrisburg, PA 17108-1489 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. RC.P. 1361, to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, WILEY, LENOX, COLAN & MARZZACCO, P.C. ~l~r:- /}~ by: David E. Hershey 1.0. No. 43092 Attorney for Defendant 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 D t d -::> / /.. ~cj ae: _).--f- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY IJADA K. WORMSLEY, Plaintiff : CIVIL ACTION - LAW VS. No.: 03-662 MATTHEW L. JONES, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes, Matthew L. Jones, Defendant in the above-captioned matter, by and through his attorneys, Wiley, Lenox, Colgan & Marzzacco, P.C., who respectfully file the within Answer in response to Plaintiff's complaint, and in support thereof, avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4a. Admitted. 4b. Admitted. 4c. Denied. It is specifically denied that defendant was operating a motor vehicle under the influence of drugs or alcohol. Strict proof is demanded at trial. 4d. Admitted. 5. Admitted. By way of further explanation, see defendant's New Matter. 6. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that plaintiff had to rent a replacement automobile costing $650.00. Accordingly, this averment is specifically denied and strict proof is demanded at trial. 7. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the whether plaintiff has incurred uncompensated wage loss in the amount of $385.00. Accordingly, this averment is specifically denied and strict proof is demanded at trial. 8. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth as to whether plaintiff has suffered acute lumbar and cervical strain resulting in pain, loss of work, and loss of enjoyment of life. Accordingly, this averment is specifically denied and strict proof is demanded at trial. 9. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to whether plaintiff has endured pain, suffering, embarrassment, humiliation, loss of enjoyment of life, and/or future pain and suffering, embarrassment, humiliation, and loss of enjoyment of life. Accordingly, this averment is specifically denied and strict proof is demanded at trial. 10. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to whether or not plaintiff can be expected to incur medical benefits over the first party benefit threshold. Accordingly, this averment is specifically denied and strict proof is demanded at trial. 11. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to whether plaintiff can be expected to incur wage losses in excess of the first party benefit threshold. Accordingly, this averment is specifically denied and strict proof is demanded at trial. NEW MATTER - PAYMENT 12. Plaintiff's averments in paragraph one (1) through eleven (11) and defendant's responses thereto are hereby incorporated by reference as if set forth fully at length hereto. 13. As a result of the above-mentioned automobile accident, plaintiff's auto insurance carrier, Met Life Auto and Home Insurance Company, filed a civil complaint against defendant in Magisterial District Court 09-01-02, requesting judgement in the amount of $4,768.22. See Civil Complaint make as Exhibit "A" attached hereto and incorporated herein by reference. 14. A default judgement on the above mentioned complaint has been entered against defendant herein. See Exhibit "8" attached hereto and incorporated herein by reference. 15. Subsequent to the above-mentioned default judgement, Met Life Auto and Home Insurance Company acting on behalf of plaintiff entered into a payment agreement with defendant pro se. The terms of said agreement are outlined in a letter to defendant dated April 15, 2003, which is marked as Exhibit "C" attached hereto and incorporated herein by reference. 16. It is believed and therefore averred that defendant has made partial payments in support of this property damage claim filed on behalf of plaintiff. 17. Defendant is hereby entitled to a setoff and/or a credit for any amounts paid to plaintiff against her claim for property damage as set forth, more specifically in her complaint at Paragraphs five (5) through seven (7). WHEREFORE, Defendant prays that your Honorable Court credit any amounts paid by defendant in accordance with the above and/or reduce any applicable judgement against defendant in accordance with the amounts paid in furtherance of the above. NEW MATTER. RES JUDICATA 18. Plaintiffs averments in paragraph one (1) through eleven (11) and defendant's responses thereto as well as defendant's new matter in paragraphs twelve (12) through seventeen (17) are hereby incorporated by reference as if set forth fully at length hereto. 19. The parties in Met Life Auto and Home Insurance Company/ASO liada Wormslev v. Matthew L. Jones, filed at CV-177-03 in District Court 09-01-02 are identical to the parties herein. 20. The accident date, time and location referenced in the above default judgement are identical to the claim herein. 21. The property damage claim in the above default judgement is identical to the claim herein. 22. Plaintiff has failed to seek recovery for both personal injuries and property damage in a single action. Wherefore, defendant prays that plaintiff's complaint be dismissed in its entirety with prejudice based upon principles of res judicata, and that the court enter an order barring recovery of any and all damages sought in plaintiff's complaint. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. b~D"i~~~ 130 West Church Street Oillsburg, PA 17019 (717) 432-9666 10 No.: 43092 Dated: -=>.t05 EXHIBIT "A" - " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ..... IlIot No.: CIVIL COMPLAINT PLANTlFF r HetLife Auto iii u.o-Insurance CO. a/s/o and Ijada Wormsley L C/O 142 W. MARKET ST STE 2 WEST CHESTER, PA 19382 J DEFENDANT: VS. f Matthew L. Jones 240 Indian Creek Drive Mechanicsburg, PA 17050 L 1 OJ _:.-. Robert V. Han10ve 1901 State Street Camp Bill, FA 17011 -: T....I__ (71j1 761--{)583 J Docket No:~IJ- rn- 03 DateFiled:_"'-4. Ii. o~.. AMOUNT DATE PAID I I I I 4 111 103 FILING COSTS S SERVING COSTS S rum Sl1L~Q TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 4,768.22 together with costs upon the following claims (Civil fines must include citation of the statute or ordinance violated): On or about 7/3/02, the DefendantJ" Matthew L. Jones. negligently operating a 1992. Acura;; IIOtor vehicle at or ~.~-;J;t~t. St;reet, 50 fee~~~~~().!, Bouck Street i.u Wo~ysburg. CuIobirlan<l"County, PA, caasecr a collision to,~u,t', with the Plaintiffs vehicle. As the result of the negligence of the defendant the plaintiff was forced to incur property damage and rental expenses in the amount of $4,768.22 I, Paul J. Hennessv verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. ~.C.jI.. ~4<a04} related to unsworn falsification to authorities. /I} L{;/// c/ /~~_~- t'SIIo..........-...- . Q _.. AIlomoy: Paul J. Hennessv Addnso: 142 WEST MARKET STREET STE. 2 ToIop/iOl1e: (61aJ431 2727 WESTCHESTER. PA 19382 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER YOU MUST APPEAR AT THE HEARTING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGEMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. ~ 'too nave a claim against the plaintiff which is not within district justice jurisdiction, you may request information form this office as to the procedures you may follow. If you are disabled and required asslstance, please contract the Magisterial District office at the address above. EXHIBIT "B" 02/23/2005 10:15 7177512233 DISTRICT COURT 09102 PAGE 02/02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIlMBERLAND 17011-0000 NOTICE OF JUDGMENTITRANSCRIPT PL^INTIFFIJUDGME~YJd,.9r;:AS'; IHETLPE ATltHK D$s/'/{Y'15 TJADA WORMSLE1!I 142 W MARKET ST APT/STE 2 C/O OBRIEN & HENNESSY LAW ~ESTCHESTER, PA 19382 VS. DEFENDANT/JUDGMENT CI?A~,\lIJ.,\I.fjjD"'SS fJONES, MATTHEW L 240 INDIAN CREBK DR MECHANICSBURG, PA 17050 L ....J Mag. 0151. NCl.: 09-1-02 0.1 NOIme: Hen ROBERT V. MANLOVE "."'''19.01 STATE STREET CAMP HILL, PA T"'~""" (717) 761- 0583 I ROBERTV. MANLOVE 1901 .STATE STREET CAMP HILL, PA 17011-0000 Docket No_: CV-0000177-03 Date Filed: 4/11/03 ....J ~- ~ 11. THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: !( '.~. nRPAULT .1Tm~ PLTP (Name) M'Rl'J'r.FF. iIol'J'JrRM Tl\T!'l{lI.!'ln T.TiIonll WOR [i] Judgment was entered against: (Name) --U'PNR!'l. MJ.'M'T-IF.W T, in the amount of $ 4 AA2 72 on: (Date of Judgment) <;/1 r:; In'! o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) o Amount of Judgment Subject to AttaehmenVAet 5 of 1996 $. Amount of Judgment $ 4.768.22 Judgment Costs $ 114.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,882.72 Post Judgment Credits $ Post Judgment Costs $ ------------ --------~--- Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMoNT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLoRK OF THE COURT OF COMMON PLSAS. CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTiTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COMe FAOM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEReSTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEilTORPAYS IN FULL, SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. i ~~~~ ,,""""''',.....,'. I / ....,... ,~ ... "..... ~~_,_.. " '~,., ,"" \\...:.,....,~ .t..,., '''. (' ,,:/ <t '. ~ ~ . .6., ~~ _""j' " .~ j ',-' '..' Date . . " . vc l ,':-.~.,"~;,IJ,~\tiC:'1::'S!iC: I eertif th.a\.this is a true apd c.r::.r,reicopf~Of. ieebn/Of the proceedings coiit<JI. hill\l'th~jjtGl91n. ent\.; ~ i .., .,~, .. .,'." ,,_.._~. '''.1. "_.-.....-..._".._.""..~.~._,,.....<:. . 1 1r, ,,!~" ...j . _c . t (.J - ., ,I" ,",' r.. -/, ".. ... ,..., "" ,,,"," ,~....... ~.. ..... ..".,:"," ;I ..Il:' Date " ~,.... ..> { . /, .' i,~; ..;,,' ,..',><!,'. .' '~ ...-.. -""'" , rrlct'Jlls.t'lb~ - -.... . ,". .. . I" I,.., '"' -~ '.J. ". . ,1,1 ~ J f ,- ,.,- '\ '" ~".> \~. ~. ...;: My commission expires first MOriday of January, 2006 . . AQpe 315.03 ':. ,...."..4... <,' ,,^,.. SEAL.' ",,- . '''1-; ..A. . .~.;\ ),."/,.,,,,,._,.1l EXHIBIT "C" , O'BRIEN & HENNESSY GROUP PAUL J. HENNESSY' 'ADMITTED PA AND NJ NATlON\VIDE SUBROGATION April 15. 2003 Mr. Matthew 1. Jones 240 Indian Creek Drive Mechanicsburg, P A 17050 Re: Met Life Auto & Home/ljada Wormsley v Matthew 1. Jones: Dear This letter will confirm that you have agreed to enter into a payment arrangement with regard to the above captioned case. Monthly payments in the amount of$150.00 will be forwarded to our office on or before the 15lh of each month until the amount of $4,768.22 is paid in fulL As advised we will obtain a judgment against you in the District Court level and no additional steps will be taken as long as payments are received. Please forward your payment by money order or cashiers check payable to O'Brien & Hennessy and forward to my West Chester office. Enclosed are some envelopes for your convenience. Please do not hesitate to contact me if you have any further questions. Very truly yours, ,./~~7 /, / , / I . I r I /';' . / + Paul J He sy PJH:eo Ene. j 42 WEST MARKET STREE:T. SUITE 2. WEST CHESTER, P:\ 19382 TELEPHONE 610-431-2727. FACSIMILE 610-429-3750. FACSIMILE 6/0-43/-3557 VERIFICA liON I, Matthew L. Jones, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Respectfully submitted, ~ones Dated: < -:;;-3- cc.;- CERTIFICATE OF SERVICE I} On the~ day of March 2005, I certify that a copy of the foregoing petition was served upon the following attorney for the Plaintiff by First-class Mail, as follows: Ken Wise, Esquire Graybill & Wise, P.C. 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. /bp/~ by: David E. Hershey, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 10 No.: 43092 , ,.- ~) " ~ ..., ::~,. 'T ....,~,' n ., - I , ) - -'! ) r:-.J , -q , ( " , IJADA K. WORMSLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO.: 2003-662 MATTHEW JONES, Defendant JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE To the Prothonotary: Please mark the above-captioned action voluntarily discontinued by Plaintiff with prejudice. 12/ l1'-~1 j>J Date , ~ ./ !' ,<</j./tr/J //t t"( KENNETH A WISE, ESQUIRE Attorney I.D. No. 16142 Graybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff . CERllFICA liON I hereby certify that I am this day serving a true and correct copy of the attached Praecipe for Discontinuance on the following individual by First Class U.S. Mail addressed as follows: David E. Hershey, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Date: i, l 17 /t',v.. fC) / / I l' .' /t /~ I ' />t , / 'I, Keririelh A. Wise, 'Esquire ID No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (718) 238-3838 Attorney for Plaintiff -- ('" (~ () ';","1 ,-> ::\-:, f',,' c> ;-"1 r'~'