NOTICE TO NON APPEARING DEFENDANT - JIBARI K. YORK

NOTICE TO NON APPEARING DEFENDANT - JIBARI K. YORK LERNER, ARNOLD & WINSTON, LLP Attorneys-At-Law By: Frank P. Winston, Esq. Attorney ID No.: 011522004 331 Newman Springs Road Bldg. 1, 4th Fl., Suite 143 Red Bank, New Jersey 07701 (732) 784-1820 Attorneys for Plaintiff --------------------------------------------------- SUPERIOR COURT OF NEW JERSEY CARMEN APONTE, LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-005465-25 -against- CIVIL ACTION JIBARI K. YORK and SUMMONS OWNERS, INC. Defendants. -------------------------------------------------------- From: The State of New Jersey To: The Defendants Named Above The Plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit. If you dispute this complaint, you or your attorney must file a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it. (A directory of the addresses of each deputy clerk of the Superior Court is available in the Civil Division Management Office in the county listed above and online at: http://www.judiciary.state.nj.us/prose/10153_deptyclerklawref.pdf). If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex, P.O. Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer, State of New Jersey and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when it is filed. You must also send a copy of your answer or motion to the plaintiffs' attorney whose name and address appear above, or to the plaintiffs, if no attorney is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion (with fee of $135.00 and completed Case Information Statement) if you want the court to hear your defense. If you do not file and serve a written answer or motion within 35 days, the court may enter a judgment against you for the relief the plaintiffs demand, 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 or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at http://www.judiciary.state.nj.us/prose/10153_deptyclerklawref.pdf. ___/s/ Michelle M. Smith______ Michelle M. Smith Clerk of the Superior Court Dated: August 13, 2025 Names and Addresses of the Defendants to be served: Jibari K. York 122 Ayers CR Apt 3B Teaneck, NJ 07666 LERNER, ARNOLD & WINSTON, LLP Attorneys-At-Law By: Frank P. Winston, Esq. Attorney ID No.: 011522004 331 Newman Springs Road Bldg. 1, 4th Fl., Suite 143 Red Bank, New Jersey 07701 (732) 784-1820 Attorneys for Plaintiff -------------------------------------------------------- SUPERIOR COURT OF NEW JERSEY CARMEN APONTE, LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: -against- CIVIL ACTION JIBARI K. YORK, COMPLAINT AND OWNERS, INC. JURY TRIAL DEMAND Defendant. -------------------------------------------------------- COMPLAINT Plaintiff, CARMEN APONTE (hereinafter "Plaintiff"), by her attorneys LERNER, ARNOLD & WINSTON, LLP, as and for her Complaint, respectfully alleges the following upon information and belief: 1. Plaintiff was and still is a natural person over the age of eighteen (18) years, residing in the State of New York. 2. That at all times hereinafter mentioned, Defendant, JIBARI K. YORK ("Defendant"), was and still is a natural person over the age of eighteen (18) years, residing in the State of New Jersey. 3. At all times hereinafter mentioned, Plaintiff was the lawful operator of a 2016 Honda Pilot, bearing New York License Plate Number JRU6656 (hereinafter "Plaintiff's Vehicle"). 5. Upon information and belief, at all times hereinafter mentioned, Defendant was the lawful owner of a 2019 Honda Civic motor vehicle, bearing New Jersey State License Plate Number N16SCX (hereinafter "Defendant's Vehicle"). 6. At all times hereinafter mentioned, Defendant operated Defendant's Vehicle. At all times hereinafter mentioned, Defendant maintained Defendant's Vehicle.At all times hereinafter mentioned, Defendant managed Defendant's Vehicle.At all times hereinafter mentioned, Defendant controlled Defendant's Vehicle. AS AND FOR A FIRST CAUSE OF ACTION (Negligence) Plaintiff repeats, reiterates and re-alleges each and every allegation contained in paragraphs numbered "1" through "9" of the Verified Complaint as if fully set forth at length herein. 11. On September 12, 2023, Plaintiff's Vehicle was traveling northbound on Knickerbocker Road, in the City of Englewood, County of Bergen, and State of New Jersey, when Defendant's Vehicle, being driven by Defendant traveling westbound on W Palisade Avenue intersecting with Knickerbocker Road, bypassed posted stop sign and came into violent contact with Plaintiff's Vehicle. 12. Plaintiff's Vehicle and Defendant's Vehicle came into contact at the intersection of Knickerbocker Road and W Palisade Avenue, in the City of Englewood, County of Bergen, and State of New Jersey. 13. As a result of the above-mentioned contact, Plaintiff sustained numerous and severe injuries. 14. Defendant, as an operator of a motor vehicle, owed numerous duties to all on and around the roadway, including Plaintiff in particular. 15. The duties owed to the Plaintiff by Defendant include but are not limited to operating a vehicle in a reasonably safe manner, and not causing her vehicle to come in contact with other vehicles. 16. Defendant was negligent, reckless and careless with respect to the operation of Defendant's Vehicle at the aforesaid time and place in that she: failed to bring said vehicle to a stop before it struck Plaintiff's Vehicle; disregarded the existence and appearance of Plaintiff's Vehicle upon the roadway; failed to obey the applicable speed limit and/or observe a proper speed under the then existing traffic conditions; failed to keep a proper lookout before proceeding; failed to observe and heed to road and traffic conditions then and there existing; failed to avoid collision with Plaintiff's Vehicle; failed to observe and see what there was to be seen upon the roadway, failed to exercise due and proper care and diligence to avoid said accident; and in that Defendant was otherwise careless and negligent. 17. The accident herein and the damages resulting there from were due solely and wholly to the negligence and grossly reckless conduct of Defendant and without any fault or want of care on the part of Plaintiff contributing thereto. 18. Plaintiff demands trial by jury. JURY DEMAND This Plaintiff pursuant to Rule 4:35-1, hereby demands a trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, FRANK WINSTON, ESQ. is hereby designated as trial counsel in the within action for the law firm of LERNER, ARNOLD & WINSTON, LLP. CERTIFICATION Pursuant to the requirements of New Jersey Civil Rule 4:5-1 (Notice of Other Actions), I, the undersigned, do hereby certify, to the best of my knowledge, information and belief, that, except as hereinafter indicated, the subject of the controversy referred to in the within pleading is not the subject of any other cause of action, pending in any other Court, or of a pending arbitration proceeding, nor is any other cause of action, arbitration proceeding contemplated: 1. OTHER ACTIONS PENDING? . . . Yes _____ No X __ a. If Yes – Parties to other pending actions (see attachment). b. In my opinion, the following parties should be joined in the within pending cause of action (see attachment). 2. OTHER ACTIONS CONTEMPLATED? . . . Yes _____ No X __ If Yes - Parties contemplated to be joined in other causes of action (see attachment). 3. ARBITRATION PROCEEDINGS PENDING? . . . Yes _____ No X __ a. If Yes - Parties to arbitration proceedings (see attachment). b. In my opinion, the following parties should be joined in the pending arbitration proceedings (see attachment). 4. OTHER ARBITRATION PROCEEDINGS CONTEMPLATED? . . . Yes _____ No X __ If Yes - Parties contemplated to be joined to arbitration proceedings (see attachment). In the event that during the pending of the within cause of action, I shall become aware of any change as to any facts stated herein, I shall file an Amended Certification, and serve a copy thereof on all other parties (or their attorneys) who have appeared in said cause of action. Dated: Red Bank, New Jersey June 9, 2025 _/s/ Frank P. Winston_________ Frank P. Winston February 25, March 4, 11, 18 2026 LNYS0465475 $742.72