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HomeMy WebLinkAbout07-2785~ ~ 2035359 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 . 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Encompass Ins Co.of AM, COURT OF COMMON PLEAS Individually and as Subrogee CUMBERLAND COUNTY on behalf of Thomas Kuykend n 1 ~ ~~ ~~ Street Penn 40 1Y~385~ - r .. ~' "'`tom Reading PA 196-1 and ,~ Thomas Kuykend and Susan ;~. Kuykend ;>P "`~ 603 Highland Avenue Carlisle PA 17013 vs. DocK~r No. b7'a'185 (.~1Vif IP,f'a+ Gwendolyn Johnson 126 N. Pitt Street Carlisle PA 17013-2333 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 t COMPLAINT IN CIVIL ACTION 1. Thomas Kuykend and Susan Kuykend, (the "Plaintiffs"), are adult individuals residing at the address above captioned. 2. Plaintiff, Encompass Ins Co.of AM, 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. Gwendolyn Johnson, (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about November 5, 2005, the Plaintiffs did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. 5. On or about November 5, 2005, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. 6. On or about November 5, 2005, in Carlisle, Pennsylvania, the vehicle of the defendant was being operated in such a negligent and careless manner that it came into violent contact with the plaintiffs' 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 a w 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 Plaintiffs herein at the point aforesaid; e. Failing to sound a horn or other signaling device as to give warning to the plaintiffs; 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 plaintiffs' motor vehicle sustained damages in the amount of $3,790.96. 9. At all times material hereto the plaintiffs were insured by plaintiff, Encompass Ins Co.of AM. 10. As a further result of the defendant's negligence, Encompass Ins Co.of AM has made compensation for said property loss to the plaintiffs. 11. Plaintiff Encompass Ins Co.of AM, individually and as subrogee on behalf of the plaintiffs, Thomas Kuykend and Susan Kuykend, has paid money to the plaintiffs for property damage in the amount of $3,790.96 for which plaintiff demands remuneration a from the defendant. WHEREFORE, Plaintiff, Encompass Ins Co.of AM, claims damages from the Defendant, in the amount of $3,790.96, 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. W INB G, ESQUIRE PAUL M. SCHOF JR., ESQUIRE Attorney for Plaintiffs POld 2035359 i ~` VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiffs 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. W INB G, ESQUIRE ?~ ~6a -- _ ~ ~ n ~ ~ ~' ~ - .. -.:~ rr~ ~ q ~ d ' i ,_-, r ' ~ r , v , C ~ ~' ~. ` _. Sri. ~ = w j t'v : ..~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02785 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENCOMPASS INS CO OF AM ET AL VS JOHNSON GWENDOLYN JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JOHNSON GWENDOLYN was served upon the DEFENDANT at 1819:00 HOURS, on the 15th day of May 2007 at 600 NORTH BALTIMORE AVENUE MT HOLLY SPRINGS, PA 17065-2333 by handing to /IT.T T"iT TTII~T TAT Tr1T TTT C'~lITT 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 10.56 Affidavit .00 Surcharge 10.00 s/311a ~~ .00 3 8. 5 6 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/16/2007 GORDON & WEINBERG By: De ty Sheriff A.D. a. CORDON & 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 Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Gwendolyn Johnson DOCKET NO. 07-2785 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, Gwendolyn Johnson, and assesses the damage as per statement below. FREDERIC I. WEI ERG ESQUIRE PAUL M. SCHOFIEL R., ESQUIRE Attorney for Plaintiff Principal $3,790.96 Interest from @oa $.oo Costs (Complaint & Service) $117.06 Total: $3,908.02 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. WEINBER SQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE ttorney for Plaintiff Filed: By the Prothonotary: AND NOW, this ~~_ day of p~~ 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of $3,908.02 as per the above certification. 5 ~ P othonotary ~ ~ Q ~ - ~ ~ rn r ~ ~ ~ ~.-' ~. ..y _ t `~ .G~ ~k' ~ p ~J r--w ~ .; ~: ss ~~ ~ ~ ~ w . ~ ..a 1 l ~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 Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Gwendolyn Johnson DOCKET NO. 07-2785 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend 603 Highland Avenue Carlisle PA 17013 and that the last known address of defendant,Gwendolyn Johnson, 126 N. Pitt Street, Carlisle PA 17013-2333. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE PAUL M. SC OFI D, JR.,ESQUIRE Attorney f aintiff Date June 22, 2007 C `~ ~ cr ,,.. ro ~- t'rt t r: ~ ~ ~C" Cf ~ <r~ ~ ~ _ ~ ~i ~~ w ~..~ f .Y 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 Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend vs. Gwendolyn Johnson COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-2785 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, Gwendolyn Johnson, 126 N. Pitt Street, Carlisle PA 17013-2333; 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 a-0 Day of ~: ,~ 2007. J Notary Public ~ N V NI N ARIAL SEAL IAl1lAM A, PISANlCK, Notary PuD6c Chy ©f PhNadetpnia, Phila. County N~'.~iGirrfil!''i41i~~ ~~ "~~'.,~',.,i{~~7~~ ~Q~ FREDERIC I. EIN RG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff n ~ ,~ ~ -,n ~ ~ rn ~ ~~~~, ~. ~ ~ ~ c_.~ ~~., ~ ~~ ~~ ~ ~ ~ . r, .~ a~ CORDON & 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 215f988-9600 Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend vs. Gwendolyn Johnson COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 07-2785 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 $3,908.02. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL CORDON & WEINBERG, P.C. AT 215/988-9600. CORDON & WEINBERG, P.C. BY: FREDERIC W NBERG, ESQUIRE PAUL M. SC FIELD, JR.,ESQUIRE Attorney for Plaintiff Dated: June 22, 2007 ~ C ° ~ ~ c... :~ :~; + ~ ~ C _ W .~~ :.~' "a ~ r, L~r - r, ~ i ~~~ _ _ ~~, .. ~S ..+~ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Encompass Ins Co.of AM, Individually and as Subrogee on behalf of Thomas Kuykend and Susan Kuykend 603 Highland Avenue Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Gwendolyn Johnson DOCKET NO. 07-2785 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 $3,908.02. 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. WEINB G, ESQUIRE JOEL M. FL QUIRE Attorney for Plaintiff Dated: June 22, 2007