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HomeMy WebLinkAbout12-18572115145 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRB-Lb. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE ^3 `_Y Identification No.: 41360 ' I JOEL M. FLINK, ESQUIRE ?p =" Identification No.: 41200 * ° 1001 E. Hector Street, Ste 220 o Conshohocken, PA 19428 484/351-0500 Attorney for Plaintiff Westfield. Insurance Co, Individually and as Subrogee on behalf of Kovalchick Corporation 1 Park Circle PO Box 5001 Westfield. Center OH 44251 and Kovalchick Corporation Kovalchick Salvage Company 1060 Wayne Ave Indiana PA 15701 VS. Brian E Rhoades 565 Ridge! Ave Enola PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : a0 (oa' 1 FS -7 CtVI 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 Oj\kV'% 163.7Spd ek-1* 16-7?9.R 'p- 44 a-)'a$97 COMPLAINT IN CIVIL ACTION 1. Kovalchick Corporation (the "Plaintiff"), is an adult individual residing at the address above captioned. 2. Plaintiff, Westfield 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. Brian E Rhoades, (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about December 8, 2010, the Plaintiff did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. 5. On or about December 8, 2010, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. 6. On or about December 8, 2010,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 $3,344.34. 9. At all times material hereto the plaintiff was insured by plaintiff, Westfield Insurance Co. 10. As a further result of the defendants' negligence, Westfield Insurance Co has made compensation for said property loss to the plaintiff. 11. Plaintiff Westfield Insurance Co individually and as subrogee on behalf of the plaintiff, Kovalchick Corporation has paid money to the plaintiff for property damage in the amount of $3,344.34 for which plaintiff demands remuneration from the defendant. WHEREFORE, Plaintiff, Westfield Insurance Co, claims damages from the Defendant, in the amount of $3,344.34, 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.1WFXNBERG, ESQUIRE JOEL M. FLINX', ESQUIRE Attorney for Plaintiffs P01d 2115145 VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. 111-? FREDERIC I. INBERG, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor s, Diu` at Ltrnrrf?4Y14 I ??= lk{ r.f(1 f - App? -5 P 4: Kovalchick Corporation; Kovalchick Salvage Company Case Number vs. Brian E. Rhoades 2012-1857 SHERIFF'S RETURN OF SERVICE 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brian E. Rhoades, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Brian E. Rhoades. Request for service at 565 Ridge Avenue, Enola, Pennsylvaia 17025 is the Defendant's fathers residence. Deputies were advised, Brian E. Rhoades is thought to currently be residing at 7805 Route 12, Irvine, Pennsylvania. SHERIFF COST: $48.00 SO ANSWERS, April 04, 2012 RON R ANDERSON, SHERIFF ?, ;cur TE ?Uf'C U GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/35---0500 Kovalchick Corporation Kovalchick Salvage Company 1060 Wayne Ave Indiana PA 15701 vs. BRIAN E RHOADES SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 05Jun12, it is suggested of record that Defendant, BRIAN E RHOADES, filed a petition in bankruptcy under Chapter. 13 of the Bankruptcy Code on or about April 30, 2012, in the United States Bankruptcy Court for the Western District of Pennsylvania, docket number 12-10647. Therefore, this matter should be stayed until further notice: 145 PP 2 ii3t yf" } Y! VAN I A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 2012-1857 CIVIL GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FLI Attorney j? /WEYNBERG, ESQUIRE NK, ESQUIRE r Plaintiff