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HomeMy WebLinkAbout06-5452 2029429 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 Allstate Insurance Co., Individually and as Subrogee on behalf of Kathleen Cromley 8711 N. Freeport Parkway Irving, TX COURT OF COMMON PLEAS CUMBERLAND COUNTY and Kathleen Cromley 377 Lehman Drive Watsontown PA vs. DOCKET NO. ,Ol. - ~~ (!;c>~CT~ Beckey M. Gaydosh 812 Belle Vista Drive Enola PA 17025-1304 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 COMPLAINT IN CIVIL ACTION 1. Kathleen Cromley, (the "Plaintiffn), is an adult individual residing at the address above captioned. 2. Plaintiff, Allstate 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. Beckey M. Gaydosh, (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about October 12, 2004, the Plaintiff did own and possess a certain motor vehicle, involved in the accident hereinafter referred to. 5. On or about October 12, 2004, the Defendant did operate and control a certain motor vehicle, involved in the accident hereinafter referred to. 6. On or about October 12, 2004, on Valley Road at or near First Street, in Summerdale, Pennsylvania, 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 $8,732.66. 9. At all times material hereto the plaintiff was insured by plaintiff, Allstate Insurance Co. 10. As a further result of the defendant's negligence, Allstate Insurance Co. has made compensation for said property loss to the plaintiff. 11. Plaintiff Allstate Insurance Co. individually and as subrogee on behalf of the plaintiff, Kathleen Cromley has paid money to the plaintiff for property damage in the amount of $8,732.66 for which plaintiff demands remuneration from the defendant. WHEREFORE, Plaintiff, Allstate Insurance Co., claims damages from the Defendant, in the amount of $8,732.66, 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. FREDERIC I. , ESQUIRE PAUL M. SCH FIEL , JR., ESQUIRE Attorney for aintiffs BY: POld 2029429 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. iV(;. ~ ,.~ (f) U1 """'- ~ h ~ ...... () ~ ~ ~ U' :?; ~ .,--., ..;-il (~.-') ::;1 \ I '-',"-' --, -- c::;, w B 2029429 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 Allstate Insurance Co., Individually and as Subrogee on behalf of Kathleen Cromley and Kathleen Cromley COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-5452 Beckey M. Gaydosh PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff P006 (") ~; ~ = ~~ a r~ o \1 .-t I..... rrlp eIl ,-~ ! to:) - =r: "~~~~ ::::1 :; =-< ! Cf' -0 :::: N . . N SHERIFF'S RETURN - REGULAR CASE NO: 2006-05452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE CO ET AL VS GAYDOSH BECKEY M SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GAYDOSH BECKEY M the DEFENDANT , at 1920:00 HOURS, on the 21st day of September, 2006 at 812 BELLE VISTA DRIVE ENOLA, PA 17025-1304 by handing to BECKY GAYDOSH 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 Service Postage Surcharge So Answers: Sworn and 18.00 13.20 .39 10.00 .00 41. 59~ ID/()f./{)~ L)- Subscibed to ~~~ R. Thomas Kline before me this day 09/22/2006 GORDON & WEINBERG By, ~~~ ~ 'IlJ eputy She lff of A.D.