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Home My WebLink About03-0694 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Westfield Group : COURT OF COMMON PLEAS 1 Park Circle : CUMBERLAND COUNTY Westfield Center, OH 44251 : Individually and as Subrogee on : behalf of Robert Novak : and : Robert Novak : 439 First St. : Carlisle, PA 17013 : NO.: VS. Mari Jones : 109 Chestnut Ave. : Carlisle PA 17013 : 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Westfield Group 1 Park Circle Westfield Center, OH 44251 Individually and as Subrogee on behalf of Robert Novak and Robert Novak 439 First St. Carlisle, PA 17013 vs. Mari Jones 109 Chestnut Ave. Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: O3 - residing at the address above-captioned. 2. Plaintiff, Westfield Group is authorized to Pennsylvania, COMPLAINT IN CIVIL ACTION Robert Novak (the "Plaintiff"), is an adult individual a corporation duly conduct business within the Commonwealth of and is Subrogated to the rights of the Plaintiff arising out of the within claim. 3. Mari Jones (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about November 7, 2001, the Plaintiff did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. o and control a certain motor vehicle, hereinafter referred to. 6. On or about November 7, 2001, On or about November 7, 2001, the Defendant did operate involved in the accident the motor vehicle of the place aforesaid, the negligence, and wantonness of the Defendant (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; 9. At the time and carelessness, recklessness consisted of the following: Plaintiff was traveling northbound on the Harrisburg Pike in the right lane in Cumberland County, Commonwealth of Pennsylvania. 7. On the date aforesaid, the motor vehicle of the Defendant was also traveling northbound on the Harrisburg Pike in the right lane. The traffic light changed to red and the Plaintiff's vehicle came to a stop. The Defendant failed to stop and then struck the Plaintiff's motor vehicle, striking the rear of the car causing moderate damage. 8. The vehicle of the Defendant was being operated in such a negligent, careless, reckless and wanton manner that it came into violent contact with the Plaintiff's vehicle causing property damage to Plaintiff's motor vehicle. {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 Philadelphia, and statutes of the Commonwealth of Pennsylvania; (g) Operating said vehicle without observing and heeding the road and traffic conditions then and there existing; (h) Other acts of negligence, carelessness, recklessness, and/or wantonness which may be ascertained from information obtained during the course of discovery and/or trial of this matter; and (i) Being otherwise careless, reckless, negligent and wanton. 10. As a result ef Defendant's negligent, careless, reckless and wanton operating ef the motor vehicle, the Plaintiff's motor vehicle sustained damages in the amount of $2,721.95. True and correct copies of the police report and payment history from Westfield Group are attached hereto and incorporated herein as Exhibit "A". 11. At all times material hereto the Plaintiff was insured by plaintiff, Westfield Group. 12. As a further result of the Defendants' negligence, Westfield Group, has made compensation for said properly loss to the Plaintiff. 13. Plaintiff, Westfield Group, Individually and as Subrogee on behalf of the Plaintiff, has paid money to the Plaintiff for property damage in the amount of $2,721.95, for which Plaintiff demands remuneration from the Defendant. WHEREFORE, Plaintiffs, Robert Novak and Westfield Group, Individually and as Subrogree on behalf of Robert Novak, claim damages from the Defendant, in the amount of $2,721.95, 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. PAUL H. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiffs P01D 2005904 VERIFICATION PAUL M. SCHOFIELD, JR.,ESQUIRE, hereby states that he is the attorney for the Plaintiffls} 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. P/~~CHOFIELD, JR.,ESQUIRE Dated: February 10, 2003 Auto~our~ 121alms Solutior~ Group 6800) 331-3133 F.~X ~00) 9~9-3110 .................................................. ~ ................... 11/15/01 10: V:Lo: FAX Request Number: 7634695 ; ADP Version: 1 ADMINISTRATIVE OATA L±nda Amatucci Old Guard Insurance Group Lancaster Branch P,O, Box 3010 Lancaster PA 17804 Claimant: Insured: ROBERI Claim: qlq78L Loss Date: 11/07/ Loss Tupe: COLLIE Policu: Other: VINSOURCE ANALYSIS VIN: 1GEJC14H4N75Bg168 Decodes as: 1992 Pontiac Sunbird LE ED Coupe Accuracg: DECODES CORRECTLY History: NO ACTIVITY NAS REPORTED NOVAK CA 01 I0N VALUATION SUMMARY g2 PONTIAC SUNBIRD LE iD COUPE Price Engine Transmission Odometer Equipment/Package Adjustment (See Valuation Detail) ADP/AUTOSOURCE Value Before Condition Adjustments Total Condition Adjustments (See Condition Adjustment Detail) Total Condition Adjusted Market Value Tgpical Vehlcle Loss Vehicle Adjustments $8,565 $2,565 4tgi Gasoline 8.0 4cgl Gasolinle 2.0 3 Speed Automatic 3 Speed Autolmatic 108,537 Hi (tgpical) 103,683 Mi actual) 75 55 $8,695 0 $2, 695 Applicable Tax ~. / ~ /' '*~0 .tie Fee: TF~ ~FeF Fee: NET ADDUS] [D VALUE: ~7=~=~:L;7~ O Saivsge/Other: - INCIDENT #j~ o01110'7z~f&332 ACCIDENT DATE: 11/07/2001 78. RESPONDING EMS AGENCY NONE /rg. M,,fDICAL FAX2ILITY NObTE ~(~ PEOPLE INFORMATION { ~A B C D E F G NAME ADDF~ESS ROBERT NOVAK 439 FIP. ST ST CAP-LISLE PA 17013 H ;4. PENNSYLVANIA SCHOOL DISTRICT (IF APPLiCAbLE) 15. DESCRIPTION OF DAA4AGED PROPERTY OWNER ADDRESS PHONE ~.DIAGRAM 87. NARRATIVE -IDENTtFY PRECIPITATION EVENTS, CAUSATION FACTORS~ SEQUENCE OF EVENTS, WITN -'SS STATEMENTS, AND PROVIDE ADDITIONAL DE-rAILS. LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLE$~ IF KNOWN. 11/07/2001 21:30 Page 1 Dfc, 05 -CPL KENNY JOBlqSON , this accident occurred as both units #1 and #2 were raveling North on the Harrisburg Pike in the right lane. The traffic light changed to red and unit#2 came to a stop. Unit#1 failed to stop and struck uni' #2 in the rear. There were no injuries reported and both units were [riven from the scene of this accident. Driver #2 stated that he came to a stop for the red iight and saw in his / mirror that %~nit#1 was ce.ming up behind him a~.d not ~topping. Unit#l then struck him in the rear. Driver #1 stated that driver #2 stopped for a yellowi light and she could not stop in time. INSURANCE COMPANY INFORMATION NON~ UNIT POLICY I NO WI'FN~$~Eg M~ RESULTS i'--iNO TEST 0000 % r-]REFUSE ~ UNK INSURANCE I COMPANY INFORMATION .D GUARD INS co P' :Y 1010041058 ADDRESS ADDRESS 90.SECTION NU: ~ ONLY IF CHARGED) PROBABLE USE PHONE PHONE OC OE RESULTS % i'--IR~FUSE/ COMPLETE? rEST [0.0000 r--~NO TESTT~,INVESTIGATICY I PAGE: 2 COMMONWEALTH OF PENNSYLVANIA PAR CONTINUA TION SHEET REPORTAE~LEE~] NON-REPORTABLE [~ (~ REFER TO OVERLAy SHEETS INCIDENT ACCIDENT NUMBER 20011107M1332 ~ w DATE 11/07/2001 21 Driver ~1 had been drinking alcohol but was not intex cated this accident. I CODE 206 H I J K at the time of L M UNIT USE TEST I 90, SECTION NUMBfRS [~D RESULTS AA-45C ( Or4LY IF CHARGED) TC NTC TEsrr '~ 0 % []REFusE [] UNK 94. iNVESTiGATION CCMPLETE ? PAGE: 3 Printed: 11/0W200 00:06:lg COMMONWEALTH OF PENNS¥. 4NIA POLICE ACCIDENT REPORT I REFER TO OVERLAy SHEETS REPORTABLE [] 2. AGENCY ~~ 21 NAME ~DD~SEZ TO. SHIp POLI~ 21. MUNICJPALliY ~D~SEX CObE 206 PRECINCT ~DDLS~ ~ POLICE ~ ~' ZON~ 3 PRINC/P.~L ROADWAYINFORMATION NUMBER 05 S~EETNAME S~3011 ~ ~- NUMBER ~ L,MIT 35 ~H,GHWAY 2 /' INV~SilGAIION ~/07/2001 ~. A~IVAL CONTROL DATE TIME 21: 35 I~ 'TERSECTING ROAD: DA~ 1~/07/2001 ~D~SDAY LIMIT I~ ~ HIGHWAY 0 CONTROL oAY 2 z: 30 UN~TS 2 IF t lOT A T INTERSECTION: I~.~KILLEU 0 14,~INJUHE~ 0 ACCIDENT Y ~ N~ SEGMENT~RKER RE~VED FROM~E~ENE? 0*NONE UNIT [ ~ FROMSI~ ~ FROMSI~ FT. MI. 3-SEVE~ UNIT 2 ~CONS~UCTZON ~ ~FFIC PRINCIPAL INTERSECTING --zc~ I~ CONmOL ~ ~6.LEGALLY Y N 3/, HEG. ~.~iAi~A 36.LbGALLY Y N 3 REG. ~.51Ai~A PA~ED? ~ p~ ~567 PARKED~ ~ p~ C~297 OUT~F~TATE VIN 2947332 9505CO ~. ~A m = I L~ ~H OU/~F~TA~ V~N 45( 16334904NO ~.OWNER CO~IN, ~ORG~ ~. OWNER NO~ :, ROBOT 41 'ADDRESS ~28 LI~CO~ ST ~OB 862 41-OWN~N 42.CNY.~IAI~ ADDRESS 439 FI~T ST &Z;~ODE ~IS~ P~ ~70~3 42.CHY, S;A[~ -,~.~ &Z~PCODE ~ PA 17013 1977 ~' ~ ~.~A~ 1992 ~k PO~IAC _ 80DY~E) PICK-~ (47}~OUY ~W~IAL ~ V~HI~L~ ~7 80DY ~ SPECIAL ~ ~E 50 USAGE ~OWNERSHIP ~PE 02 ~USAGE ~OWNERSHIP ~POINT ~$TATUS SPEED 00 ~POINT --STA~S SPEED 00 ~. DRIVER NUMBER [8 311 252 157. STATE~A ~.DRIVER j57. STATE~A ~.UHIVER NUMBER 16 346 025 NAME ~ JO~S ~. o~Jv~ NAME RO~ [T NO~ ADDRESS ~9 ~T S~T ~ ADDRESS 439 ~I~T ST &ZIPCODE ~IS~ PA 17013- ~0 &ZIPCODE ~;:S~ ~A 17013 09/27/1951 ~WHONt 01.5UA 62.DA I ~ ADDRESS ADDRESS G ZIPCODE & ZIPCOOE 70. UJ~T ~ JlCCg PUC~ 70. USOOT ~ m,cc PUC, NM. OF ~ ~RIALS Y ~ N ~ UNK~ ~ES ~TERIALS Y ~ N ~ UNK~ A~ES SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00694 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WESTFIELD GROUP ET AL JONES MARI VS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT JONES MARI but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , JONES MARI MARI JONES HAS NO LIVED AT GIVEN ADDRESS NOT FOUND , as to FOR PAST 4 YEARS. NO FORWARDING AT POST OFFICE. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 45 5 00 10 00 00 36 45 Sheriff of Cumberland County GORDON & WEINBERG Sworn and subscribed to before me this Y~ day of ~%~23 A. D. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIR~ Identification No.: 81894 21 SOUTH 21 ST STREET PHILADELPHIA, PA 19103 2 ! 5/988-9600 Westfield Group 1 Park Circle Westfield Center, OH 44251 VS. Mari Jones 29 EAST STREET Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-694 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: /(PA~ ~C~LD, JR.,ESQUIRE ~/Attorney for Plaintiff Date: May 2, 2003 SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00694 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WESTFIELD GROUP ET AL JONES MARI VS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JONES MARI unable to locate Her COMPLAINT & NOTICE in his bailiwick. but was He therefore returns the the within named DEFENDANT , JONES MARI 109 CHESTNUT AVE CARLISLE, PA 17013 NOT KNOWN AT ADDRESS GIVEN. CURRENT RESIDENTS HAVE LIVED THERE FOR 4 YEARS. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit 5.00 Surcharge 10.00 .00 36.45 So answers: ~/ .......... ~ ....... ~.~/ R. Thomas Kline '~ Sheriff of Cumberland County GORDON & WEINBERG 0S/14/2003 Sworn and subscribed to before me this /4 ~ day of ~. 2~o.5 A.D. GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHIL/LDELPHIA, PA 19103 215/988-9600 Westfield Group : : VS. : : Mari Jones : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-694 Civil PRAECIPE TO WITHDRAW CO~4PLAINT TO THE PROTHONOTARY: Kindly withdraw the prejudice. above-captioned action, without GORD _ / · (. PAU~z~.~ SCHOFIELD, JR. ,ESQUIRE kA%t~'rney for Plaintiff PO06