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HomeMy WebLinkAbout13-1688 Supreme Co ,ennsylvania .a COUr "f =;ICO mizA leas For Prothonotary Use Only: Civil Cover S ' ' t Docket No: CU RLD Count The information collected on this form is used solely for court administration purposes. This form does not ,supplement or replace the filing and service of pleadings or other papers cis required by 1aw or rules of court. Commencement of Action: S Complaint ❑ Writ of Summons ❑ Petition ❑ E Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Westfield Insurance Co, ERIC T FLOWERS Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff /Appellant's Attorney: FREDERIC I WEINBERG ❑ Check here if you have no attorney (are a`pelf- Represented I Pro Sel Laiti „ant) Nature of the Case Place an "X” to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle Q Debt Collection: Other ❑ Board of Elections ❑ Nuisance Property Damage 8 Dept. of Transportation Premises Liability Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ® Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT Asbestos N ❑ Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste © Other: ❑ Ejectment El Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations PROFESSIONAL LIABLITY [I Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition n Replevin Legal 0 Quiet Title ❑ Other: Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 2144290 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 Attorney for Plaintiff Westfield Insurance Co, COURT OF COMMON PLEAS Individually and as Subrogee CUMBERLAND COUNTY - on behalf of John Hatch ri 1 Park Circle PO 5001' =� Westfield Center OH 44251 ! =' and _ John Hatch r- 302 North Bedford Street =x. Carlisle PA 17013.. VS. / DOCKET NO. Vtl ERIC T FLOWERS 709 STANWIX CIR APT 1 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, 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 17 013 � (717) 249 -3166 a ul p-"?%Y-7S COMPLAINT IN CIVIL ACTION 1. John Hatch (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. ERIC T FLOWERS, (the "Defendant "), is an individual residing at the above - captioned address. 4. On or about April 28, 2011, the Plaintiff did own and possess a home located at 302 N. Bedford Street, Carlisle, PA 17013, involved in the accident hereinafter referred to. 5. On or about April 28, 2011, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. 6. On or about April 28, 2011,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 home and property surrounding the home causing property damage to the Plaintiff's home and property surrounding the home. 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 to avoid striking Plaintiff's property; 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 property sustained damages in the amount of $2,159.44. 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 , John Hatch has paid money to the plaintiff for property damage in the amount of $1,159.44 and John Hatch paid a deductible in the amount of $1000.00 for which plaintiff demands remuneration from the defendant. WHEREFORE, Plaintiff, Westfield Insurance Co, claims damages from the Defendant, in the amount of $2,159.44, 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 A . WZIINBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiffs P01d 2144290 S VERIFICATION cile( (name) hereby states that he /she is the Otto- -S 4 /%!k IVS�- 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 /her 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. L � ( signature) (name) X KATHY IIER NOTARY PUBLIC • OHIO MY COMMISSION EXPIRES 9124/2016 of SHERIFF'S OFFICE OF CUMBERLAND COUNTY �`� Ronny RAnderson Fi? r—,C,— 11,17ii:F Sheriff Clr 1HE Pil0TH0K0 TPt t`' nYYYYl�6f�llltlytrr Jody SSmith t � ' 2013 APR 17 Art 9: 114 Chief Deputy { ✓r c. CUMBERLAP1Q CGUii t, Richard W Stewart � - Solicitor OFFWE OFTt1'E saRIF= PENN SYLVAN I A Westfield Insurance Co. vs. Case Number Eric Thomas Flowers 2013-1888 SHERIFF'S RETURN OF SERVICE 04/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Eric Thomas Flowers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 709 Stanwix Circle, Apt. 1, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by the current resident that the defendant no longer lives at this address, per the Carlisle Postmaster the defendant resides at 511 N. Shore Road, Norfolk,Virginia 23505-3348. SHERIFF COST: $34.00 SO ANSWERS, April 15, 2013 RONN R ANDERSON, SHERIFF I (cl Couaty5ulte ShatlH,itoleamfl 6rG. 2144290 THE PROTHO dotTAI-�`t GORDON & WEINBERG, P.C. 2013 AUG `9 PM 1: 4 9 BY. REDERIC I . WEINBERG, ESQUIRE CUMBERLAND CNNIT ' I ENNsYLVANIA JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Westfield Insurance Co, COURT OF COMMON PLEAS Individually and as Subrogee CUMBERLAND COUNTY on behalf of John Hatch 1 Park Circle PO 5001 Westfield Center OH 44251 and John Hatch 302 North Bedford Street Carlisle PA 17013 VS . DOCKET NO. 13-1688 CIVIL ERIC T FLOWERS 551 N Shore Road Norfolk VA 23505 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: FREDERIC INBERG, ESQUIRE JOEL M. K, ESQUIRE Ck- I EGO wq499A