Jan. 4. 2016 12:20PM No. 5532 P.

Matthew Cohen, Esq. - #01153-2008

Date Served
By: _ _ _ _ -_I-I
__-_
Law Offices of John Kennedy
GEICO Staff Counsel
371 Hoes Lane, Suite 105
Piscataway, NJ 08854
(732) 981-1649 (Telephone)
(732) 981-1657 (Fax)
Attorneys for Plaintiff
GEICO a/s/o Russell Hope and Jamie Roeha

GEICO a/s/o RUSSELL HOPE and JAMIE ROEHA. SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plointiff(s), UNION COUNTY

vs. DOCKET NO: UNN-L-4361-15

KAREN WILLCOlT, IGHOGEVWEE AGBATUTU, ABC

CORPORATIONS 1-10 and JOHN DOES 1-10,
SUMMONS
Defendant(s).

The State of New Jersey, to the Above Named Defendant:

Karen Wilcott

lghogevwee Agbatutu

The plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jer ey.

The complaint attached to this summons states the basis for this lawsuit. If vou dispute this com pl int,

you or your attorney must file a written answer or motion and proof of service with the deputy cler of

the Superior Court in the count'# l\sted above within 3S days from the date you received th ls surnm ns,

not counting the date vou received it. (The address of each Deputy Clerk for the Superior Cou is

provided.) If the complaint is one in foreclosure, then you must file your written answer or motion nd

proof of service with the Clerk of the Superior Court, Hughes Justice Complex, CN-971, Trenton, NJ 08 25.

A filing fee payable to the Clerk of the Superior Court and a oompleted Case Information State ent

(available from the Deputy dark of the Superior Court) must accompany your answer or motion wh n it

is filed. You must also send a copy of your answer or motion to plaintiff's attorney whose name nd

address appear above, or to plaintiff, if no attorney is named above. A telephone call will not pro ect
Jan. 4. 2016 12:20PM No. 5532 P. 6

your rights; you must file and serve a written answer or motion (with fee of $175.00 for law Division and

$175.00 for Chancery Division and completed case Information Statement) if you wantthe court to hear

your defense.

If you do not file and serve a written answer or motion with 35 days, the court may enter a

judgment against you for the relief plaintiff demands, plus interest and costs of suit. If judgment is

entered against you, the Sheriff may seize your money, wages or property to pay all or part of the

judgment.

If you cannot afford an attorney, you may call the Legal Services office in the County where you

live. A list of these offices is provided. If you do not have an attorney and are not eligible for free legal

assista nee, you may obtain a referral to an attorney by calling one of the Lawyers Referral Services. A list

of these numbers is also provided.

Michelle M. Smith
Clerk of the Superior Court
Dated: January 4, 2016

Name of defendants to be served: Karen Wilcott and lghogevwee Agbatutu

Address for Service:

Karen Wilcott
46915m Avenue, Apartment A
Newark, New Jersey 07103

lghogevwee Agbatutu
10909 Glenwolde Drive
Houston, Texas 77099
 Jan. 4. 2016 12 : 2OPM
No. 5532 P. 7
.'

,.

\
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 Jan. 4. 2016 12:20PM No. 5532 P. 2
UNION COUNTY SUPERIOR COURT
2 BROAD S1'R EE'l'
~LIZ~8ETH HJ 01207
TRACK ASSIGNMENT NOTICli
COURT TELEPHONE NO, 1900) 659-4810
COURT HOURS 8:30 AK - 4:30 PM
DATE: UECF.MBRR 22, 2015
RE: GEICO ET ~L VS WILLCOTT ET hL
DOCKET: UlH L -004361 15
THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 2.
DISCOVKRY IS 300 DAYS hMD RUNS FROM THE FIRST ABSWER OR 90 DAYS
FWOM SERVICE ON TUE FIRST DEFEWDAlf'l, WHICHEVER COMES FIRST.
THE PRETiI~L JUDGE ASSIGHEO IS: HON MARK ~. CIARROCCh
IF YOU HAVE ANV OUESTIOUS, CONTACT TEAM 001
hT: 19081 659-~820.

lP YOU BELIEVE THAT THE TRACK IS IMAPPROPRIATE YOU KOST PILE A

CERTIPICATION OF GOOD CAUSE W1'UIH 30 DAYS OF THE PILING OP YOUR P~EADING,
PLAINTIPP MUST SERVE COPIES OP THIS PORH OW ALL OTHER PARTIES II ACCORUAMCE
lfITH Q,4:5A-2.
AfTMION:
Atr: MATTHEW COHEN
KENNEDY LAV OFFICES JOHii
311 HOES LAKE
SUITE 105
PlSCATAVAY NJ 0885i-4143
JUVV~L2
 Jan. 4. 2016 12:20PM No. 5532 P. 3
Appendix XII-Bl

CIVIL CASE INFORMATION STATEMENT

(CIS)
Use for initial Law Division
Civil Part pleadings (not motions) under Rule 4:5-1
Pleading will be rejected for fHlng, under Rule 1:5-S(c), OVERPAYMENT'.

if Information above the black bar is not completed

or attorney's signature is not affixed BATCH NUMBER;

ATTORNEY f PRO SE NAME TELEPHONE NUMBER COUNTY OF VENUE

Matthew Cohen, Esq (732) 981-1649 Union
FIRM NAME (if applicable)
Law Offices of John Kennedy
OFFICE ADO RESS DOCUMENT TYPE
371 Hoes Lane Complaint
Suite 105
Piscataway, New Jersey 08854 JURY DEMAND YEB 0 NO

NAME OF PARTY (e.g., John 009, Plaintiff) GAP'TION

GEICO a/s/o Russell Hope GEICO a/s/o Hope v. Wilcott, et al.

CASE TYP~ NUMBER HURRICANE SANDY

(See revorse side for listing) RELATl:OO? IS THIS A PROFESSIONAL MALPRACTICE CASE? 0 YES NO
0 YES NO IF YOU HAVE CHECKED "YES," SEE N.J.S.A 2A:53 A -27 AND APPLICABLE; CASE LAW
699
REGARDING YOUR OBLIGAllON TO F'ILE AN AFflDAVIT OF MERIT.
RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS
0 Yes No

DO YOU ANTICIPATE ADDING ANY PARTIE'S NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (if known)
(arising out ot same tran&action or occurrence)? NONE
D Yes No D UNl\'.NOWN

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE.

CASE CHARACTERISllCS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT, PASi OR IF YES, IS THAT RELATIONSHIP'.
RECURRENT RELATIONSHIP? Cl EMPLOYER/EMPLOYEE 0 FRIElllDINEIG'111~ 0 OTHER (&>1plain)
DYES NO D FAUIUAL D BUSINESS

DOES THE SIATUTE GOVERNING TI-llS CASE PR.OVIDE FOR PAVMEITT Or FEES BY IHE LOSING PARTY? 0 YES No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WAR.RANT INDIVIDUAL MANAGEMENT OR
ACCELERATl::D DISPOSITION

DO YOIJ OR YOUR CL.JENT NEEO Al"V DISADILITY AGCO~TIONS? IF YES, PLEAS!; IOENTIFY nlE REQUESTEO ACCOMMOOATION
l.G.. DYES NO
WILL A"l ll\llERPRETER BE NEEDal? IF YES, FOR WHAi LANGUAGE'?
DYES No

I certify that conftdential personal identifiers hav9 been redacted from documents now submitted to the court, and will be
~cted from all documenbr submitlejl,ln the f!!t!!re in accordance with Rule 1:38-7(b).

ATTORNEY SIGNATURE;
~ (
/ -
:

-
Effective 05-04-~015, CN 10517-English page 1of2
 Jan. 4. 2016 12:20PM No. 5532 P. 4

CIVIL CASE INFORMATION STATEMENT

(CIS)
Use for initial pleadings (not motions) under R1.1/e 4:5-1

CASE: TYPES {Choose one and enter number of case type in appropriate space on the reverse side.)
' Track I - 150 days' di&coV'fY
151 NAME CHANGE
175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract, Condemn11.1lon, Complex Commerclal or Construction)
502 BOOK ACCOUNT (debt collection matters only)
606 OTHER INSURANCE CLAIM (Including declaratory Judgment actions)
506 PIP COVERAGE
510 UM or UIM CLAIM (coverage issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON lAW
801 SUMMARY ACTION
802 OPEN l"Uauc RECORDS ACT (summary action)
999 OTHER (briefly describe nature of action)

Track II - 300 days' discovery

305 CONSTRUCTION
509 EMPLOYMENT (other than CEPA Of LAD)
599 CONTRACT/COMMERCIAL TRANSACTION
603N AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal thrnstiold)
603Y AUTO NEGLIGENCE - PEMONAL INJURY (verbal threshold)
605 PERSONAL INJURY
610 AUTO NEGLJGENCE - PROPERTY DAMAGE
621 UM or UIM CLAIM (includes bodily lnjuiy)
699 TORT - OTHER
Track Ill - 450 days' discovery
006 CIVIL RIGHTS
301 CONDEMNATION
602 ASSAULT ANO BAlTERY
604 MEOICAL MALPRACTICE
606 PRODUCT LIABILITY
607 PROFESSIONAL MALPRACTICE
608 TOXIC TORT
609 DEFAMATION
616 WHISTLE BLOWER I CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
617 INVERSE CONDEMNATION
618 LAW AGAINST DISCRIMINATION (LAD) GASES
Track IV - Active Case Management by Individual Judge / 450 days' discovery
156 ENVIRONMENTAl.JENVIRONMENTAL COVERAGE LITIGATION
303 MT. LAUREL
508 COMPLEX COMMERCIAL
513 COMPLEX CONSTRUCTION
514 INSURANCE FRAUD
620 FALSE CLAIMS ACT
701 ACnONS IN LIEU OF PREROGATIVE WRITS
Multicounty Litigation (Track IV)
271 ACCUTANgtf$0TRETl"IOIN 289 REGLAN
274 RISPERDAUSEROQUELJZVPREXA 290 POMPTON LA~S ENVIRONMENTAL LITIGATION
278 ZOMETA/AREDIA 291 PELVIC MESHIGYNECARE
279 GADOLINIUM 292 PELVIC MESH/BARD
281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 293 DEPUY ASR HIP IMPLANT LITIGATION
262 FOSAMAX 295 ALLODERM REGENERATIVE TISSUE MATRIX
285 STRYKER TRIDENT HIP IMPLANTS 296 STRYKER REJlNENATE/ABG II MODULAR HIP STEM COMPONENTS
286 LEVAQUlN 297 MIRENA CONTRACEPTIVE DEVICE
287 YAZ/YASMIN/OCELlA 601 ASBESTOS
288 PRUDENTIAL TORT LITIGATION 623 PROPECIA

If you believe this case requlreG a track other than that provided above, please indicate the reaso" on Sldo 1,
' in the space under "Case Ctiar;aeterlstlcs.
Please check off each applicable category D Putative Class Action D Tltle59

Effective 05-04-2015, CN 10517-Englleh page 2 of2

Jan. 4. 2016 12:21PM No. 5532 P. 8

Matthew Cohen, Esq. - #01153-2008 RECE1Vt.1!0i I ~n..~o

Law Offices of John Kennedy Su!)f:rior Court of Nevi Jersey
GEICO Staff Counsel
371 Hoes lane, Suite 105 DEC 2 2 20\5
Piscataway, NJ 08854
(732) 981-1649 (Telephone)
(732) 981-1657 (Fax)
Attorneys for Plaintiff
GEICO a/s/o Russell Hope and Jamie Roetia

GEICO a/s/o RUSSELL HOPE and JAMIE ROEHA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Pfaintlff(s), UNION COUNTY

vs.

KAREN WILLCOTT, IGHOGEVWEE AGBATUTU, ABC

-4361.-15
CORPORATIONS 1 -10 and JOHN DOES 1-10,
COMPLAINT
Defendant(s).

Government Employees Insurance Company (hereinafter referred to as GEICO), as

subrogee of Russell Hope and Jamie Roeha, by way of Complaint against the defendant says:

1. On or about December 24th, 2013, Jamie Roeha was the permissive driver of GEICO's

insured, Russell Hope. Jamie Roeha was operating her vehicle on Chestnut Street in Elizabeth,

Union County, New Jersey when she was involved in a motor vehicle accident.

2. At the time and place aforesaid, Karen Wilcott carelessly, recklessly and/or

negligently entrusted their vehlcle to lghogevwee Agbatutu.

3. At the time and place aforesaid, lghogevwee Agbatutu, as the servant, agent and/or

employee of Karen Wilcott, or individually, operated a motor vehlcle in a careless, reckless

and/or negligent manner thereby causing a collision with Jamie Reena's vehicle.

4. As. a result thereof, GEICO's insured's vehicle was damaged, required repairs, was

depreciated in value, and GEICO's insured Jost the use of said vehicle, and suffered other related

losses.

5. As a result of the loss, GEICO paid to its insured monies for the repairs, values, and

loss of use of their vehicle, and other related losses.

Jan. 4. 2016 12:21PM
No. 5532 P. 9

6. Pursuant to the terms of the insurance policy issued to GEICO's insured, GflCO has

the right to bring this subrogation action in their name.

WHEREFORE, plaintiff, GEICO as subrogee, demands judgment against the defendants, Karen

Wilcott and lghogevwee Agbatutu, together with interest, costs of suit, attorneys' fees and all

expenses and all other relief both legal and equitable.

SECOND COUNT

1. Plaintiff repeats and re~alleges the allegations in paragraphs 1-6 of the First Count of

the Complaint in their entirety.

2. As a direct proximate result of the accident, GEICO's insured, Jamie Roeha, suffered

injuries and required medical treatment for those injuries.

3. As a result of those injuries, GEICO paid the medical expenses of GEICO's Insured

Jamie Roeha as per the Personal Injury Protection (PIP) provision of the automobile insurance

policy.

4. The defendant, Karen Wilcott the owner of a ''private passenger automobile", was

required to maintain PIP coverage (NJ.S.A. 39:6A-2a) at the time of the accident.

5. The vehicle owned by the defendant, Karen Wilcott was uninsured at the time of

the accident.

6. Defendant Karen Wilcott has failed to reimburse GEICO for the medical expenses

paid through PIP to its Insured, Jamie Roeha.

7. Pursuant to N.J.S.A. 39;6A-4 and NJ.S.A. 39:6A-9.1 and the terms of the insurance

pollcy issued to GEICO's insured, GEICO has the right to bring this action.

WHEREFORE, plaintiff, GEICO demands judgment against the defendant, Karen Wilcott,

together with interest, costs of suit, attorneys' fees and all expenses and all other relief both

legal and equitable.

THIRD COUNT

2
,Ian. 4. 2016 12:21PM No. 5532 P. 10

1. Plaintiff repeats and re-alleges the allegations in paragraphs 1-6 of the First Count

and paragraphs 1-7 of the Second Count of the Complaint in their entirety.

2. As a direct and proximate result of the accident, GEICO's insured, Jamie Roeha

suffered injuries and required medical treatment for those injuries.

3 Russell Hope did present an Uninsured Motorist Claim under the policy of

Insurance.

4. The vehicle owned by Karen Wilcott was verified to be Uninsured at the time of the

accident.

5. As a result of the Uninsured Motorist Claim, GEICO paid to Jamie Roe ha, monies for

the damages suffered frorn the injuries sustained in the December 24t11, 2013 accident.

6. Pursuant to the terms of the insurance policy issued to GEICO's Insured, GEICO has

the right to bring this action.

WHEREFORE, plaintiff, G1CO demands judgment against the defendant, Karen Wilcott,

together with interest, costs of suit, attorneys' fees and all expenses and all other relief both

legal and equitable.

FOURTH COUNT

1. Plaintiff repeats the allegations In First, Second and Third Counts of the Complaint in

their entirety.

2. The vehicle owned by Karen Wilcott was Insured by ABC Corporations 1-10.

3. The defendant, Karen Wilcott the owner of a "private passenger automobile", was

required to maintain PIP coverage (N.J.S.A. 39:6A-2a) at the time of the accldent-

4. ABC Corporations 1~10 have failed to reimburse GEICO for the medical expenses paid

through PIP to Jamie Roeha.

5. Pursuant to N. J. S. A. 39: 6A-4 and NJ.S.A. 39:6A-9.. 1 and the terms of the

automobile insurance policy, GEICO has the right to bring this action.

3
Jan. 4. 2016 12:21PM No. 5532 P. 11

WHEREFORE, plaintiff, GEICO demands judgment against the defendant, ABC

Corporations 1-10, together with interest, costs of suit, attorneys' fees and all expenses and all

other relief both legal and equitable.

FIFTH COUNT

1. Plaintiff repeats the allegations in the First, Second, Third and Fourth Counts of the

Complaint in their entirety.

2. The vehicle owned by, Karen Wilcott was insured by John Does 1~10.

3. The defendant, Karen Wilcott, the owner of a "private passenger automobile", was

required to maintain PIP coverage (NJ.SA 39:6A-2a) at the time of the accident.

4. John Does 1~10 have failed to reimburse GEICO for the medit;:al e)(penses paid

through PIP to Jamie Roeha.

5. Pursuant to N. J. s. A. 39: 6A-4 and NJ.S.A. 39:6A-9.1 and the terms of the automobile

insurance policy, GEICO has the right to bring this action.

WHEREFORE, plaintiff, GEICO demands judgment against the defendants, John Does 1-

10, together with interest, costs of suit, attorneys' fees and all expenses and all other relief both

legal and equitable.

DEMAND FOR INTER-COMPANY AGREEME!il OR BINDING ARBITRATION

Pursuant to NJSA 39:6A-9.1, plaintiff hereby demands that if no resolution with the

defendant's Insurance Company can be reached; this matter shall be resolved by inter-company

agreement or in the absence of such agreement, through binding arbitration. This request is

being made pursuant to the 2 year statute of limitations.

TRIAL ATTORNEY DESIGNATION

Pursuant to Rule 4:25-4, Matthew Cohen, Esq., is hereby designated as trial counsel in

the above-captioned matter.

4
Jan. 4. 2016 12:21PM No. 5532 P. 12

gRTIFICATION

Pursuant to Rule 4:5-1, the undersigned certifies that to the best of his knowledge, the

within matters in controversy are not subject of any oth~r action pending in any other Court or

of a pending arbitration proceeding nor is any action or arbitration proceeding contemplated

nor are the parties required to be joined in this action.

I certify that confidential personal identifies have been redacted from documents now

submitted to the Court, and will be redacted from all documents submitted in the future in

accordance with B.. 1:38-7(b).

DY

Plaintiff hereby demands that defendants answer all questions in County District Form (C and C-
1) as printed In the appendbc form.

DATED: December 21\ 2015