Preview
MID-L-000375-23 03/14/2023 3:17:25 PM Pglof12 Trans ID: LCV2023919683
EDWARD P. SHAMY, JR., ESQ. (001251982)
ID #001251982
2300 ROUTE 27
NORTH BRUNSWICK, NEW JERSEY 08902
(732) 821-0400
Attorney for Plaintiff(s)
1{
IRISSA BAILEY, ET AL | SUPERIOR COURT OF NEW JERSEY
Plaintiff(s), LAW DIVISION
MIDDLESEX COUNTY
vs.
DOCKET NO. MID-L-375-23
NALDA CRUZ, ET AL
CIVIL ACTION
Defendant(s).
NOTICE OF MOTION
TO: Flangan Barone O’Brien, Esqs. CURE Auto Insurance
Attorneys for defendant, Tamika Bailey 214 Carnegie Center, #301
Princeton, NJ 08540
Stahl & DeLaurentis, P.C.
Attorneys for defendant, Nalda Cruz
PLEASE TAKE NOTICE that on March 31, 2023 the undersigned will move before
the above named Court for an Order permitting substituted service upon the defendant’s, Nalda
Cruz’s, automobile insurance carrier.
PLEASE TAKE FURTHER NOTICE that a Certification in support of this
application is attached hereto.
PLEASE TAKE FURTHER NOTICE that pursuant to Rule 1:6-2,a proposed form o:
Order is attached hereto.
CERTIFICATION OF FILING & SERVICE
Thereby certify that the within Notice of Motion, supporting papers and form of Order|
were filed with the Court via ecourts. I further certify that a courtesy copy has been provided|
to defense counsel, and CURE Auto Insurance, via email and/or regular mail.
=
EDWARD /SHAMY JR ESQ
Date: March 14, 2023
/
/
MID-L-000375-23 03/14/2023 3:17:25 PM Pg2of12 Trans ID: LCV2023919683
CERTIFICATION
EDWARD P. SHAMY, JR., of full age, by way of Certification says:
1 I represent the plaintiff in the within matter and am fully familiar with the facts in
this case.
2, This case involves personal injuries sustained by the plaintiff in a motor vehicle
accident with the defendants which occurred on July 24, 2021 (Exhibit A - police accident
report).
3 CURE Auto Insurance confirmed that they insure the defendant, Nalda Cruz, for
the subject loss (Exhibit B — letter from CURE).
4 On January 26, 2023 I forwarded a copy of the Summons and Complaint to the
defendant, Nalda Cruz, at 34 Parkside St., Apt. B, Somerset, NJ, 08873 (the address on the police
report for this defendant). The certified letter was returned to our office “not deliverable as
addressed”. The regular mail letter has not been returned. (Exhibit C - a copy of my letter of
transmittal with the certified mail returned envelope).
5 Personal service was attempted by the Somerset County Sheriff upon the
defendant, Nalda Cruz, at 34 Parkside Street, Apt. B, Somerset, NJ. The Sheriff's Officer was
advised that the defendant is not known at that address. (Exhibit D - Sheriffs return of non-
service).
6. I made an inquiry of the US Postmaster and the NJ Motor Vehicle Commission
regarding the current address for the defendant, Nalda Cruz. Both responses indicate that the
defendant still resides at 34 Parkside Street, Apt. B, Somerset, NJ. (Exhibit E - responses from
the US Postmaster and NJ Motor Vehicle Commission).
7 Diligent efforts have been made to obtain the defendant’s current address for
personal service. Itis apparent that this defendant is either evading service of process or cannot
be personally served at her only known address .
MID-L-000375-23 03/14/2023 3:17:25 PM Pg 30f12 Trans ID: LCV2023919683
8 In light of the foregoing, plaintiff requests that the Court Order, pursuant to Rule
4:4-4 that plaintiff be permitted to effect substituted service upon the defendant, NALDA CRUZ,
by serving the Summons and Complaint via certified and regular mail upon the said defendant’s
insurance company, CURE Auto Insurance, 214 Carnegie Center, Suite 301, Princeton, NJ,
08540.
9 I certify that Exhibits A, B, C, D, & E represent true and accurate copies of the
identified documents attached as exhibits.
10. A proposed form of Order is attached hereto.
11. I certify that the foregoing statements made by me are true. I am aware that if
any of the foregoing statements made by me are, wilfully false, I am subject to punishment.
Zz
EDWARD P. S MY JR.
Date: March 14, 2023
MID-L-000375-23 03/14/2023 3:17:25PM Pg4of12 Trans ID: LCV2023919683
rage
1 ot 4 Fatal New Jersey Police Crash Investigation Report Reportable [_] Non-Reportable Change Report Ti83,
1
ow
01
T-case Number
Z Police Dept oF
21021487 10.Crash on: 124 FOREST DR
Occurred
Road Name >
Lit
ELE] El EEL
12. Route No- ‘Satfie TE Mjepos JE 7%
Cat intersection with On Oe 18. Speed Limit Tia,
ol PISCATAWAY PD
3. Station’ Precinct
[01 Feet of PRIVATE PROPERTY 02
09 7325621100 14 15
Miles
eo 19, Oro:
fame C}From: <
17. Gross Road Name/Route No. One
Ose
Oe
Owes
T13b
7003
abate oFGrash 3. Day of Week
su a | loom | ae | as 9 Total 21. Latitude 20 Route Name/Route No 2. tude Tia
01 07/2/4211 a =@ 1629)1217 ~fs ala i
53. Veh. # | 54, Pol
=[= 1!
Zs.veh.# | 24, Polley 25, Noins. Code 55.NJlns, Code 1206
4 ol NC10232291
02 DiPaied ¥
F 334051
Tor Ciraked Cred —[]Pecisicvinn [Resp to Emergency Dries CJ Pea Ty Pedaicyie [ieie totmergeney —DJHte Ron Tie
02 6, Divers Frst Name Trial Last Name 36, Drivers First Name Taal Tast Name 59. Sex Ol
Tez NALDA L CRUZ F TAMIKA L BAILEY Tab
01 7 Number & Stree 37. Number & Steet
Tes 34 PARKSIDE ST Apt#B M7 QUINCY CIRCLE
Ol State Zp 38.Cily State
108 “SOMERSET NJ 08873 DAYTON NJ “08810
02 30. eyes DL Cass Restrictions Endorsements 31. State 60, Eyes Di Class Restrictions Endorsements 61. State TH
(0/2 mu
ape cL NJ 0 2) ‘De = z NJ Te
105
04
32 Drivers License Number 35.008
mom dd
[3 Eanes ‘GE. Drivers License Number G.DOE
mm dd a
106
35. Owners FistName ‘ltar TastName Owners Fist Name ‘nat TastName
Same as Same as 124
Diver Driver i
107 36, Number & Steet BE Nummber& Steet 125
= =
108 7.City State Tp oy State Zip 1263
04 *
Tr 38 Make 40.Color Jat. Year | 42. PlateNo, Jaa. State | 68. Make @. Model 70. Color 71. Year | 72, Plate No, y.State 1286
To
01 MAZDA
avn
WAGON SL 2019; “enema? | NJ HONDA ACCORD BL NJ
By wn pi res THe
01 /22
Ti “6. Vehicle Removed to: 76, Vehicle Removed to: 1260
01 PRIVATE TOWING DRIVEN AWAY
Tz THe
C1 tiven BR Towed Disabled D1 Towed Disabled & impounded Bl driven LD Towed disabled D7 Towed disabled & impounded
13 Bi tettat scene 1 Towed impounded Ci tetatscene 1 Towed impounded
ie
‘7. Ruthorily 77 Ranoniy
WT BW owner Dviver Police Be owner Clotiver pace 176
3 Alcohol brag Test “9, Hazardous Wateral 7é. Ricohal rag Text 79, Hazardous Material
15
Given: No Chves Dikefusea DiNone Don boars Oso Given: (No LDres Cirefused None Con boas Dssilt
Type: Breath tied Cusine eloleia Type: Breath [Bleed Cusine - Tae
t af ofeg's
Te Resuts: 0. ='% Cppending Hazard Class Placard No. Results: Q, 2% Dpending Hazard Chase Plocard No. THe
01 30. Carrier No, 31. GVWR /GCWR Trucks & buses onlyy BO. Coviier No. Hi. GVWR GON Trucks & buses only)
v7 Cuspor Dhione Ds 10,00 tbs. Dusoor Dnone Cis 10,000 tbs.
Thie.901 - 26,000 tbs. 10.001 - 26.000 bs. THe
03 Cmcix le 26,001 ths Cwcnex l= 26,001 ths.
52: Motor Carrier or Gaverament Entity ‘82, Motor Carrier or Government Entity 1
is -
Number & Steet Number &Street 125
I i
Tare 7 130
i “ Sate Zip
ol
135, Damage to Other Property Lives (ves, desciber Ee TH
s 05
TH
06
Oper 736. Charge 137, Summons No Oper. 138 Charge 139. Summons No. 133
- 7 - 2 = a
‘Oper 140. Charge Ta: Summons No. ‘Oper, Taz. Charge Yaa. Summons No. 134
zi = - Cs 03
3 87 1 2 3 6 95 ‘Names & Addresses of Occupants
It Deceased, Date & Timeof Death,
Ol 01 Ol 05 54 ol i NALDA L CRUZ 34 PARKSIDE ST Apt#B SOMERSET NJ
04 08873
02 Ol Ol 04 45 ol 08) 01] 11 04 TAMIKA L BAILEY M7 QUINCY CIRCLE DAYTON NI
08810
Cc 02 03 ol 16 ol
08} 01 11 04 IRISSA BAILEY M7 QUINCY CIRCLE DAYTON NJ
beef at 81
ol 98) 01] o4 LAE COOPER M7 QUINCY CIRCLE DAYTON NJ 08810
D 02 04 ol 04 24 04
J—+—+|_ |
NJTR-1 (Rev. 01/17)
EXHIBIT A
MID-L-000375-23 03/14/2023 3:17:25 PM Pg5of12 Trans ID: LCV2023919683
New Jersey Police Case Number
Crash Investigation Report 21021487 Page 2 of A
8 a4 as 86 a7 38 a9 90 a 2 93 94 95 Names & Addresses of Occupants
1 Deceased, Date & Time of Death
J
144, Crash Diagram
O
Show NORTH by Arrow
Wot to Scale)
SEE NJTR-1B
145. Crash Description/Narrative
Driver of Veh1 stated that she was driving straight through the complex. While driving northbound
she was looking for a dumpster to throw out garbage. She related that she was not familiar with the
housing complex, but that she was there for work. She had several bags of garbage in her vehicle
that she intended to discard in a dumpster. She went on to state that while she was looking she may
not have paid attention to the roadway. She didn't see Veh2 until the collision.
Driver of Veh2 stated that she was previously parked in a parking space. She had already backed
westbound and angled the vehicle to proceed northbound to exit the complex. She related that she
did not observe Veh1 coming her direction until the collision.
Officer observations revealed that there were yaw marks in the vicinity of Veh2's right rear tire. This
indicated that the impact did slightly move Veh2 back towards the east/west orientation. Damage on
Veh2 was observed on the rear of the vehicle starting just right of the vehicles center, and continued
to the passenger side rear bumper near the right side of the vehicle. Damage on Veh1 was primarily
to the front passenger side of the vehicle. It started near the passenger side headlight assembly and
included the passenger side fender and front wheel.
146. Officers Signature Va7, Badge a8 Reviewer Badger Va9. Case Stator
GREENE, J 1093 SCHULTZ, K plus Lending» Baomplete
NJTR-1 (Rev. 01/17)
MID-L-000375-23 03/14/2023 3:17:25 PM Pg6of12 Trans ID: LCV2023919683
Page 3 of 4
New Jersey Police Crash Investigation Report Police Dept: PISCATAWAY PD Code: _01
Motor Vehicle Crash Description Station: 7325621100 Case No: 21021487
145 Crash Description
The visible damage lends itself to the fact that Veh’ struck close to the center rear of Veh2. Upon
separating the vehicles it was observed that Veh2's rear bumper was caught and sheered off by
Veh1's front passenger side door. Due to these facts Veh1 was found to be at fault for the
collision.
The driver of Veh1 confirmed that she was not injured and did not require medical attention. All
three occupants of Veh2 stated that the collision caused them to bump their heads and they
requested medical attention. River Road Rescue Squad responded and assessed all three
occupants. At that time all three refused any further medical attention.
GREENE, J
1093
NUTR-1A (Rev, 01/17) Officers Signature Badge Number
MID-L-000375-23 03/14/2023 3:17:25 PM Pg7of12 Trans ID: LCV2023919683
Page ——_—. 4g A
New Jersey Police Crash Investigation Report Police Dept: PISCATAWAY PD Code: _O1
Motor Vehicle Crash Diagram Station:_7325621100 Case No: 21021487
444 Crash Diagram (NOT TO SCALE)
O Indicate
Not To Scale
ML
Forest Dr. [|
=" | | |
124 Forest Dr
|
|
Veh: —
—|
— |
123 Forest i}
—!
Veh1
—_S |
l a |J
21021487
1093
GREENE, J 1093
NUTRAB (Rev. 01/17) Officer's Signature Badge Number
MID-L-000375-23 03/14/2023 3:17:25 PM Pg8of12 Trans ID: LCV2023919683
CUREG
AUTO INSURANCE ¢
2
August 9, 2021
Law Office of Edward P. Shamy,Jr.
Attn: Edward P. Shamy, Jr. Esq.
2300 Route 27
North Brunswick, NJ 08902
Insured: Nalda L Cruz
Claimants: Tamika Bailey &
Trissa Bailey
Clainy#: 210002861
Policy#: NC10232291
Date of Loss: July 24, 2021
First Notice of Loss: July 26, 2021
Dear Mr. Shamy, Jr.,
Please accept this letteras acknowledgment of your representation. I amthe adjuster assigned to the bodily
injury claim,
Enclosed are medical authorization fonns for your clients’ completion. Please return the completed forms to
me in the envelope provided. I would also appreciate it if you would send copies of any medical records
you may receive. If your clients have had prior injury claims, please provide the records of those as well,
Please be advised that the above referenced policy is under investigation. We are reserving our right to
later disclaim any obligation under the policy and assert a defense ofno coverage. We will advise you of
our decision once our investigation is complete.
Pursuant to New Jersey regulations, “Any person who knowingly files a statement of claim containing any
false or misleading infonmation is subject to criminal and civil penalties.”
Should you have any questions, please do not hesitate to call me at (800) 535-2873 ext. 7692.
Sincerely,
Michael O'Shaughnessy
Senior Bodily Injury Claims Representative
Enclosures
1-800-535-CURE(2873)
214 Camegie Center, Suite 301, Princeton, NJ 08540
www.cure.com
EXHIBIT B
MID-L-000375-23 03/14/2023 3:17:25PM Pg9of12 Trans ID: LCV2023919683
Eid PD Kis, by.
2300 ROUTE 27, NORTH BRUNSWICK, NJ O8902
EDWARD P. SHAMY, JR. (732) 821-0400
Fax: (732) 821-0600
ED@SHAMYLAW.COM REAL ESTATE FAX: (732) 422:0703
January 26, 2023
Ms. Nalda Cruz
34 Parkside Street, Apt. B
Somerset, NJ 08873
RE: BAILEY VS. CRUZ, ET AL
D/A. July 24, 2021
Dear Ms, Cruz:
Enclosed please find Summons and Complaint for service upon you via certified
and regular mail.
If you are insured, kindly turn these documents over to your automobile insurance
company as soon as possible so that an Answer may be filed on your behalf within
the thirty-five (35) day time limit.
Very truly yours,
eC
1 =O Ne =e =|
rene ey
ET
FFI ¢ EDWARD P. SHAMY, JR.
[Corio
Mall Foo
aT A
‘ijnamtectspeccen)
eta Recap (lector) Postmark
Clounteaa Roatited Dery § Hore
I
Tladut gna Requted
head P Se WY Dy aa
i
7020 3160 0000 a4b0 4830
6 BAN Bs FP*
2300 ROUTE 27
NorTH BRUNSWICK, NJ 08902 EI feet cmeeoS
i
ae aaeeon
QEMDE
st WON
wos FEL
ARLE @
Ms. Nalda Cruz
RN st NDER
34 Parkside Street, Apt. B NOT DE AS AS ADOR
Somerset, NJ 08873 LE
iS +4
o8erae Feb Bh
il Siti nyt
yall
EXHIBIT C
MID-L-0
Sa L 00375:23 03/14/2023 3:37:25 PM, Pg 10 of 12 Trans ID: LCV2023919683
to Hand 1. LUVZuzooNZyZs
REPORT OF PF’ 3ESS SERVICES SHERIFF'S ">. 46
|, Darrin J. Russo, Sheriff of Somerset County, Do Hearby Authorize a Duly Sworn Sheriff's Officer,
Qs
To Execute and Return the Documents According to Law.
Darrin J. Russo, Sheriff
Witness My Hand and Seal, This Day Of Friday, February 03, 2023
By
Sheriff's Fees: $29.75 Undersheriff
Defendant's ame/aadress) Date Served Type * Person Served other than Defendant
CRUZ, NALDA L. Qares,
34 PARKSIDE STREET, APT, B Time Served
\ Position
SOMERSET
\QO
Type of Service Provided: SUMMONS
Service Type Description: COMPLAINT, CIS & TRACK ASSIGNMENT NOTICE
Attempt Attempt Attempt
Officer # ZO Status + Officer # Status Officer # Status
Date 2\n\29 i Time Wd) Date ‘Time Date Time
Type Of Service; A. Persona! Service
B. Household Member Over Age 14, At Usual Place of Abode.
@
-~Served Corporation's Registered Agent (Give Name/Authorized Position).
inable To Serve At This Address.
, Out Of State.
F. Other (Specify) -—-—--——--— emi ercencceentnnntensneanente
| Served The Within Documents, And/Or A true Copy Thereof.
Officer Notes:
® DE As unknown oF oc ahre derdece.
——— Z
—
as =
Docket Number: MI Bienes S/O_Name Print: seat
Plaintiff Name: TAMIKA L. BAILEY
ao >
S/O Signature:
Sheriffs Officer
Tel. (908-231-7140)
# SERV: _ “~~| Qut Of State: Age: Skin:
Attorney Name and Address
~ — — Sex: Hair:
LAW OFFICE OF ANTHONY M. CAMPISANO Weight: Military Service:
2300 STATE HIGHWAY 27 Height:
NORTH BRUNSWICK NJ 08902
EXHIBIT D
ORIGINAL-TRENTON aaa IEY'S COPY
Q\io \asa8
MID-L-000375-23 03/14/2023 3:17:25 PM Pg1lof12 Trans ID: LCV2023919683
Ehcad 2 Ke, T
2300 ROUTE 27, NORTH BRUNSWicK, NJ 08902
EDwarp P. SHAMY, JR.
(732) 821-0400
Fax: (732) 821-0600
REAL ESTATE FAX: (732) 422-0703
a an
February 28, 2023
U.S Postmaster
Somerset, NJ 08873
RE; BAILEY VS. CRUZ, ET AL
Docket No, MID-L-375-23
Dear Postmaster:
Please furnish the new address or the name and street address (if a box holder) for the following: NALDA CRUZ,
34
PARKSIDE STREET, APT. B, SOMERSET, NJ.
NOTE: The name and last known address are required for change of address information. The naine, if known,
and post
office box address are required for box holder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee
for providing box holder
information. The fee for providing change of address information is waived in accordanc
e with 39 CFR 265.6(d)(1) and (2)
and corresponding Administrative Support Manual 352.44a and b.
1 Capacity of requester: Attorney
2. The names of all known parties to the litigation: BAILEY VS. CRUZ, ET AL
3 The court in which the case has been or will be heard:
Superior Court of New Jersey, Law Division, Middlesex County
4 The Docket or other identifying number if one has been issued: see above
5. ‘The capacity in which this individual is to be served: defendant
WARNING: The submission of false information to obtain and use change of address information or’box holder
information
for any purpose other than the service of legal process in connection with actual or prospective litigation
could result in
criminal penalties including a fine of up to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address
information of not more than 5 years, or both (Title 18 U.S.C. Section 1001).
I certify that the above inf tion is true and that the address information is needed and will be used solely for service of legal
process in connect acti prospective litigation.
2300 Route 27
EDWARD P. S| LY, JR., ESQ. North Brunswick, NJ 08902
oy yas
_h FOR POST OFFICE USE ONLY
lo change of address order on file. NEW ADDRESS or BOX HOLDER'S POSTMARK
KShRe
Not known at address given. NEW STREET ADDRESS
Moved, left no forwarding address.
No such address.
Preview
MID-L-000375-23 03/14/2023 3:17:25 PM Pglof12 Trans ID: LCV2023919683 EDWARD P. SHAMY, JR., ESQ. (001251982) ID #001251982 2300 ROUTE 27 NORTH BRUNSWICK, NEW JERSEY 08902 (732) 821-0400 Attorney for Plaintiff(s) 1{ IRISSA BAILEY, ET AL | SUPERIOR COURT OF NEW JERSEY Plaintiff(s), LAW DIVISION MIDDLESEX COUNTY vs. DOCKET NO. MID-L-375-23 NALDA CRUZ, ET AL CIVIL ACTION Defendant(s). NOTICE OF MOTION TO: Flangan Barone O’Brien, Esqs. CURE Auto Insurance Attorneys for defendant, Tamika Bailey 214 Carnegie Center, #301 Princeton, NJ 08540 Stahl & DeLaurentis, P.C. Attorneys for defendant, Nalda Cruz PLEASE TAKE NOTICE that on March 31, 2023 the undersigned will move before the above named Court for an Order permitting substituted service upon the defendant’s, Nalda Cruz’s, automobile insurance carrier. PLEASE TAKE FURTHER NOTICE that a Certification in support of this application is attached hereto. PLEASE TAKE FURTHER NOTICE that pursuant to Rule 1:6-2,a proposed form o: Order is attached hereto. CERTIFICATION OF FILING & SERVICE Thereby certify that the within Notice of Motion, supporting papers and form of Order| were filed with the Court via ecourts. I further certify that a courtesy copy has been provided| to defense counsel, and CURE Auto Insurance, via email and/or regular mail. = EDWARD /SHAMY JR ESQ Date: March 14, 2023 / / MID-L-000375-23 03/14/2023 3:17:25 PM Pg2of12 Trans ID: LCV2023919683 CERTIFICATION EDWARD P. SHAMY, JR., of full age, by way of Certification says: 1 I represent the plaintiff in the within matter and am fully familiar with the facts in this case. 2, This case involves personal injuries sustained by the plaintiff in a motor vehicle accident with the defendants which occurred on July 24, 2021 (Exhibit A - police accident report). 3 CURE Auto Insurance confirmed that they insure the defendant, Nalda Cruz, for the subject loss (Exhibit B — letter from CURE). 4 On January 26, 2023 I forwarded a copy of the Summons and Complaint to the defendant, Nalda Cruz, at 34 Parkside St., Apt. B, Somerset, NJ, 08873 (the address on the police report for this defendant). The certified letter was returned to our office “not deliverable as addressed”. The regular mail letter has not been returned. (Exhibit C - a copy of my letter of transmittal with the certified mail returned envelope). 5 Personal service was attempted by the Somerset County Sheriff upon the defendant, Nalda Cruz, at 34 Parkside Street, Apt. B, Somerset, NJ. The Sheriff's Officer was advised that the defendant is not known at that address. (Exhibit D - Sheriffs return of non- service). 6. I made an inquiry of the US Postmaster and the NJ Motor Vehicle Commission regarding the current address for the defendant, Nalda Cruz. Both responses indicate that the defendant still resides at 34 Parkside Street, Apt. B, Somerset, NJ. (Exhibit E - responses from the US Postmaster and NJ Motor Vehicle Commission). 7 Diligent efforts have been made to obtain the defendant’s current address for personal service. Itis apparent that this defendant is either evading service of process or cannot be personally served at her only known address . MID-L-000375-23 03/14/2023 3:17:25 PM Pg 30f12 Trans ID: LCV2023919683 8 In light of the foregoing, plaintiff requests that the Court Order, pursuant to Rule 4:4-4 that plaintiff be permitted to effect substituted service upon the defendant, NALDA CRUZ, by serving the Summons and Complaint via certified and regular mail upon the said defendant’s insurance company, CURE Auto Insurance, 214 Carnegie Center, Suite 301, Princeton, NJ, 08540. 9 I certify that Exhibits A, B, C, D, & E represent true and accurate copies of the identified documents attached as exhibits. 10. A proposed form of Order is attached hereto. 11. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are, wilfully false, I am subject to punishment. Zz EDWARD P. S MY JR. Date: March 14, 2023 MID-L-000375-23 03/14/2023 3:17:25PM Pg4of12 Trans ID: LCV2023919683 rage 1 ot 4 Fatal New Jersey Police Crash Investigation Report Reportable [_] Non-Reportable Change Report Ti83, 1 ow 01 T-case Number Z Police Dept oF 21021487 10.Crash on: 124 FOREST DR Occurred Road Name > Lit ELE] El EEL 12. Route No- ‘Satfie TE Mjepos JE 7% Cat intersection with On Oe 18. Speed Limit Tia, ol PISCATAWAY PD 3. Station’ Precinct [01 Feet of PRIVATE PROPERTY 02 09 7325621100 14 15 Miles eo 19, Oro: fame C}From: < 17. Gross Road Name/Route No. One Ose Oe Owes T13b 7003 abate oFGrash 3. Day of Week su a | loom | ae | as 9 Total 21. Latitude 20 Route Name/Route No 2. tude Tia 01 07/2/4211 a =@ 1629)1217 ~fs ala i 53. Veh. # | 54, Pol =[= 1! Zs.veh.# | 24, Polley 25, Noins. Code 55.NJlns, Code 1206 4 ol NC10232291 02 DiPaied ¥ F 334051 Tor Ciraked Cred —[]Pecisicvinn [Resp to Emergency Dries CJ Pea Ty Pedaicyie [ieie totmergeney —DJHte Ron Tie 02 6, Divers Frst Name Trial Last Name 36, Drivers First Name Taal Tast Name 59. Sex Ol Tez NALDA L CRUZ F TAMIKA L BAILEY Tab 01 7 Number & Stree 37. Number & Steet Tes 34 PARKSIDE ST Apt#B M7 QUINCY CIRCLE Ol State Zp 38.Cily State 108 “SOMERSET NJ 08873 DAYTON NJ “08810 02 30. eyes DL Cass Restrictions Endorsements 31. State 60, Eyes Di Class Restrictions Endorsements 61. State TH (0/2 mu ape cL NJ 0 2) ‘De = z NJ Te 105 04 32 Drivers License Number 35.008 mom dd [3 Eanes ‘GE. Drivers License Number G.DOE mm dd a 106 35. Owners FistName ‘ltar TastName Owners Fist Name ‘nat TastName Same as Same as 124 Diver Driver i 107 36, Number & Steet BE Nummber& Steet 125 = = 108 7.City State Tp oy State Zip 1263 04 * Tr 38 Make 40.Color Jat. Year | 42. PlateNo, Jaa. State | 68. Make @. Model 70. Color 71. Year | 72, Plate No, y.State 1286 To 01 MAZDA avn WAGON SL 2019; “enema? | NJ HONDA ACCORD BL NJ By wn pi res THe 01 /22 Ti “6. Vehicle Removed to: 76, Vehicle Removed to: 1260 01 PRIVATE TOWING DRIVEN AWAY Tz THe C1 tiven BR Towed Disabled D1 Towed Disabled & impounded Bl driven LD Towed disabled D7 Towed disabled & impounded 13 Bi tettat scene 1 Towed impounded Ci tetatscene 1 Towed impounded ie ‘7. Ruthorily 77 Ranoniy WT BW owner Dviver Police Be owner Clotiver pace 176 3 Alcohol brag Test “9, Hazardous Wateral 7é. Ricohal rag Text 79, Hazardous Material 15 Given: No Chves Dikefusea DiNone Don boars Oso Given: (No LDres Cirefused None Con boas Dssilt Type: Breath tied Cusine eloleia Type: Breath [Bleed Cusine - Tae t af ofeg's Te Resuts: 0. ='% Cppending Hazard Class Placard No. Results: Q, 2% Dpending Hazard Chase Plocard No. THe 01 30. Carrier No, 31. GVWR /GCWR Trucks & buses onlyy BO. Coviier No. Hi. GVWR GON Trucks & buses only) v7 Cuspor Dhione Ds 10,00 tbs. Dusoor Dnone Cis 10,000 tbs. Thie.901 - 26,000 tbs. 10.001 - 26.000 bs. THe 03 Cmcix le 26,001 ths Cwcnex l= 26,001 ths. 52: Motor Carrier or Gaverament Entity ‘82, Motor Carrier or Government Entity 1 is - Number & Steet Number &Street 125 I i Tare 7 130 i “ Sate Zip ol 135, Damage to Other Property Lives (ves, desciber Ee TH s 05 TH 06 Oper 736. Charge 137, Summons No Oper. 138 Charge 139. Summons No. 133 - 7 - 2 = a ‘Oper 140. Charge Ta: Summons No. ‘Oper, Taz. Charge Yaa. Summons No. 134 zi = - Cs 03 3 87 1 2 3 6 95 ‘Names & Addresses of Occupants It Deceased, Date & Timeof Death, Ol 01 Ol 05 54 ol i NALDA L CRUZ 34 PARKSIDE ST Apt#B SOMERSET NJ 04 08873 02 Ol Ol 04 45 ol 08) 01] 11 04 TAMIKA L BAILEY M7 QUINCY CIRCLE DAYTON NI 08810 Cc 02 03 ol 16 ol 08} 01 11 04 IRISSA BAILEY M7 QUINCY CIRCLE DAYTON NJ beef at 81 ol 98) 01] o4 LAE COOPER M7 QUINCY CIRCLE DAYTON NJ 08810 D 02 04 ol 04 24 04 J—+—+|_ | NJTR-1 (Rev. 01/17) EXHIBIT A MID-L-000375-23 03/14/2023 3:17:25 PM Pg5of12 Trans ID: LCV2023919683 New Jersey Police Case Number Crash Investigation Report 21021487 Page 2 of A 8 a4 as 86 a7 38 a9 90 a 2 93 94 95 Names & Addresses of Occupants 1 Deceased, Date & Time of Death J 144, Crash Diagram O Show NORTH by Arrow Wot to Scale) SEE NJTR-1B 145. Crash Description/Narrative Driver of Veh1 stated that she was driving straight through the complex. While driving northbound she was looking for a dumpster to throw out garbage. She related that she was not familiar with the housing complex, but that she was there for work. She had several bags of garbage in her vehicle that she intended to discard in a dumpster. She went on to state that while she was looking she may not have paid attention to the roadway. She didn't see Veh2 until the collision. Driver of Veh2 stated that she was previously parked in a parking space. She had already backed westbound and angled the vehicle to proceed northbound to exit the complex. She related that she did not observe Veh1 coming her direction until the collision. Officer observations revealed that there were yaw marks in the vicinity of Veh2's right rear tire. This indicated that the impact did slightly move Veh2 back towards the east/west orientation. Damage on Veh2 was observed on the rear of the vehicle starting just right of the vehicles center, and continued to the passenger side rear bumper near the right side of the vehicle. Damage on Veh1 was primarily to the front passenger side of the vehicle. It started near the passenger side headlight assembly and included the passenger side fender and front wheel. 146. Officers Signature Va7, Badge a8 Reviewer Badger Va9. Case Stator GREENE, J 1093 SCHULTZ, K plus Lending» Baomplete NJTR-1 (Rev. 01/17) MID-L-000375-23 03/14/2023 3:17:25 PM Pg6of12 Trans ID: LCV2023919683 Page 3 of 4 New Jersey Police Crash Investigation Report Police Dept: PISCATAWAY PD Code: _01 Motor Vehicle Crash Description Station: 7325621100 Case No: 21021487 145 Crash Description The visible damage lends itself to the fact that Veh’ struck close to the center rear of Veh2. Upon separating the vehicles it was observed that Veh2's rear bumper was caught and sheered off by Veh1's front passenger side door. Due to these facts Veh1 was found to be at fault for the collision. The driver of Veh1 confirmed that she was not injured and did not require medical attention. All three occupants of Veh2 stated that the collision caused them to bump their heads and they requested medical attention. River Road Rescue Squad responded and assessed all three occupants. At that time all three refused any further medical attention. GREENE, J 1093 NUTR-1A (Rev, 01/17) Officers Signature Badge Number MID-L-000375-23 03/14/2023 3:17:25 PM Pg7of12 Trans ID: LCV2023919683 Page ——_—. 4g A New Jersey Police Crash Investigation Report Police Dept: PISCATAWAY PD Code: _O1 Motor Vehicle Crash Diagram Station:_7325621100 Case No: 21021487 444 Crash Diagram (NOT TO SCALE) O Indicate Not To Scale ML Forest Dr. [| =" | | | 124 Forest Dr | | Veh: — —| — | 123 Forest i} —! Veh1 —_S | l a |J 21021487 1093 GREENE, J 1093 NUTRAB (Rev. 01/17) Officer's Signature Badge Number MID-L-000375-23 03/14/2023 3:17:25 PM Pg8of12 Trans ID: LCV2023919683 CUREG AUTO INSURANCE ¢ 2 August 9, 2021 Law Office of Edward P. Shamy,Jr. Attn: Edward P. Shamy, Jr. Esq. 2300 Route 27 North Brunswick, NJ 08902 Insured: Nalda L Cruz Claimants: Tamika Bailey & Trissa Bailey Clainy#: 210002861 Policy#: NC10232291 Date of Loss: July 24, 2021 First Notice of Loss: July 26, 2021 Dear Mr. Shamy, Jr., Please accept this letteras acknowledgment of your representation. I amthe adjuster assigned to the bodily injury claim, Enclosed are medical authorization fonns for your clients’ completion. Please return the completed forms to me in the envelope provided. I would also appreciate it if you would send copies of any medical records you may receive. If your clients have had prior injury claims, please provide the records of those as well, Please be advised that the above referenced policy is under investigation. We are reserving our right to later disclaim any obligation under the policy and assert a defense ofno coverage. We will advise you of our decision once our investigation is complete. Pursuant to New Jersey regulations, “Any person who knowingly files a statement of claim containing any false or misleading infonmation is subject to criminal and civil penalties.” Should you have any questions, please do not hesitate to call me at (800) 535-2873 ext. 7692. Sincerely, Michael O'Shaughnessy Senior Bodily Injury Claims Representative Enclosures 1-800-535-CURE(2873) 214 Camegie Center, Suite 301, Princeton, NJ 08540 www.cure.com EXHIBIT B MID-L-000375-23 03/14/2023 3:17:25PM Pg9of12 Trans ID: LCV2023919683 Eid PD Kis, by. 2300 ROUTE 27, NORTH BRUNSWICK, NJ O8902 EDWARD P. SHAMY, JR. (732) 821-0400 Fax: (732) 821-0600 ED@SHAMYLAW.COM REAL ESTATE FAX: (732) 422:0703 January 26, 2023 Ms. Nalda Cruz 34 Parkside Street, Apt. B Somerset, NJ 08873 RE: BAILEY VS. CRUZ, ET AL D/A. July 24, 2021 Dear Ms, Cruz: Enclosed please find Summons and Complaint for service upon you via certified and regular mail. If you are insured, kindly turn these documents over to your automobile insurance company as soon as possible so that an Answer may be filed on your behalf within the thirty-five (35) day time limit. Very truly yours, eC 1 =O Ne =e =| rene ey ET FFI ¢ EDWARD P. SHAMY, JR. [Corio Mall Foo aT A ‘ijnamtectspeccen) eta Recap (lector) Postmark Clounteaa Roatited Dery § Hore I Tladut gna Requted head P Se WY Dy aa i 7020 3160 0000 a4b0 4830 6 BAN Bs FP* 2300 ROUTE 27 NorTH BRUNSWICK, NJ 08902 EI feet cmeeoS i ae aaeeon QEMDE st WON wos FEL ARLE @ Ms. Nalda Cruz RN st NDER 34 Parkside Street, Apt. B NOT DE AS AS ADOR Somerset, NJ 08873 LE iS +4 o8erae Feb Bh il Siti nyt yall EXHIBIT C MID-L-0 Sa L 00375:23 03/14/2023 3:37:25 PM, Pg 10 of 12 Trans ID: LCV2023919683 to Hand 1. LUVZuzooNZyZs REPORT OF PF’ 3ESS SERVICES SHERIFF'S ">. 46 |, Darrin J. Russo, Sheriff of Somerset County, Do Hearby Authorize a Duly Sworn Sheriff's Officer, Qs To Execute and Return the Documents According to Law. Darrin J. Russo, Sheriff Witness My Hand and Seal, This Day Of Friday, February 03, 2023 By Sheriff's Fees: $29.75 Undersheriff Defendant's ame/aadress) Date Served Type * Person Served other than Defendant CRUZ, NALDA L. Qares, 34 PARKSIDE STREET, APT, B Time Served \ Position SOMERSET \QO Type of Service Provided: SUMMONS Service Type Description: COMPLAINT, CIS & TRACK ASSIGNMENT NOTICE Attempt Attempt Attempt Officer # ZO Status + Officer # Status Officer # Status Date 2\n\29 i Time Wd) Date ‘Time Date Time Type Of Service; A. Persona! Service B. Household Member Over Age 14, At Usual Place of Abode. @ -~Served Corporation's Registered Agent (Give Name/Authorized Position). inable To Serve At This Address. , Out Of State. F. Other (Specify) -—-—--——--— emi ercencceentnnntensneanente | Served The Within Documents, And/Or A true Copy Thereof. Officer Notes: ® DE As unknown oF oc ahre derdece. ——— Z — as = Docket Number: MI Bienes S/O_Name Print: seat Plaintiff Name: TAMIKA L. BAILEY ao > S/O Signature: Sheriffs Officer Tel. (908-231-7140) # SERV: _ “~~| Qut Of State: Age: Skin: Attorney Name and Address ~ — — Sex: Hair: LAW OFFICE OF ANTHONY M. CAMPISANO Weight: Military Service: 2300 STATE HIGHWAY 27 Height: NORTH BRUNSWICK NJ 08902 EXHIBIT D ORIGINAL-TRENTON aaa IEY'S COPY Q\io \asa8 MID-L-000375-23 03/14/2023 3:17:25 PM Pg1lof12 Trans ID: LCV2023919683 Ehcad 2 Ke, T 2300 ROUTE 27, NORTH BRUNSWicK, NJ 08902 EDwarp P. SHAMY, JR. (732) 821-0400 Fax: (732) 821-0600 REAL ESTATE FAX: (732) 422-0703 a an February 28, 2023 U.S Postmaster Somerset, NJ 08873 RE; BAILEY VS. CRUZ, ET AL Docket No, MID-L-375-23 Dear Postmaster: Please furnish the new address or the name and street address (if a box holder) for the following: NALDA CRUZ, 34 PARKSIDE STREET, APT. B, SOMERSET, NJ. NOTE: The name and last known address are required for change of address information. The naine, if known, and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing box holder information. The fee for providing change of address information is waived in accordanc e with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1 Capacity of requester: Attorney 2. The names of all known parties to the litigation: BAILEY VS. CRUZ, ET AL 3 The court in which the case has been or will be heard: Superior Court of New Jersey, Law Division, Middlesex County 4 The Docket or other identifying number if one has been issued: see above 5. ‘The capacity in which this individual is to be served: defendant WARNING: The submission of false information to obtain and use change of address information or’box holder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of up to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address information of not more than 5 years, or both (Title 18 U.S.C. Section 1001). I certify that the above inf tion is true and that the address information is needed and will be used solely for service of legal process in connect acti prospective litigation. 2300 Route 27 EDWARD P. S| LY, JR., ESQ. North Brunswick, NJ 08902 oy yas _h FOR POST OFFICE USE ONLY lo change of address order on file. NEW ADDRESS or BOX HOLDER'S POSTMARK KShRe Not known at address given. NEW STREET ADDRESS Moved, left no forwarding address. No such address.