The URL can be used to link to this page

Home My WebLink About03-1167IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH M. Marie Wilt, Susan C. Pheiffer, VS. Plaintiff Defendant Civil Action - Law - A, D. PRAECIPE LAW OFFICES D~LORE'rO, COSEm'~NO & Boc~¢.,~ 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSI~URG, PA 17201 To: Curtis R. Long, Prothonotary Please issue a writ of summons to the Defendant, Susan C. Pheiffer, in the above captioned action. DILORETO, COSENTINO & BOLINGER PC Date: March 13, 2003 BY~raa~ey H. ~.e~inger /' I Attorney fo--f Plaintiff I ! 330 Lincoln Way East ~,' P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS M. MARIE WILT Plaintiff Vs. SUSAN C. PHEIFFER 455 SCHLEY ROAD ANNAPOLIS, MARYLAND 21401 Defendant Court of Common Pleas No. 03-1167 CIVIL TERM In CivilAction-Law To SUSAN C. PHEIFFER, You are hereby notified that M. MARIE WILT, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. Date (SEAL) MARCH 14, 2003 CURTIS R. LONG Prothonotary Attorney: Name: BRADLEY R. BOLINGER Address: DILORETO COSENTINO & BOLINGER PC 330 LINCOLN WAY EAST P O BOX 866 CHAMBERSBURG, PA 17201 Attorney for: Plaintiff Telephone: 717-264-2096 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Civil Action - Law M. Marie Wilt, Plaintiff #03-1167 Civil Term VS, Susan C. Pheiffer, Defendant NOTICE · rt If ou wish to defend against the claims set forth in the You have been su~.d .m_ C__o,u,_.._ ,.,itY~ n twenty (20) days after this Comp. la,.!.nt a..n_d..n.~}!,ce~ followin pages, you must take a(JI. IUH vv ...... ;'~onallw or by attorney and riling In WUUH~ o,,, ~,,n,n,,g,~d hv enterinq a written appeara,u.u. F~,.o. ~-, ,--~, -,,-inst ,,ou You are warned ~.~ ...... , -. . .v ...... I-.i~,ntinn.~ to me claims ~u~ ,u, ....~,* . · roceed without you and a judgment may be entered with the Court your aerensu~ u~ · ' to do so, the case may p ' om la nt or for that if you fa~l ~ ~ · ..... .~.,.,~.,~.,. ' f ran' money claimed in theC P against you by the ~Jourz w~nuu, ,-. ...... ot~ce o ~ lose money or property or other any other claims or relief requested by the Plaintiff. You may rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Bar Association Lawyer Referral Service P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 (Pennsylvania Only) (717) 238-6715 (Outside Pennsylvania) IN THE cOURT OF COMMON PLEAS OF THE:- 39TH JUDiCiAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Civil Action - Law M. Marie Wilt, Plaintiff #03-1167 Civil Term VS. Susan C. Pheiffer, Defendant COMPLAINT NOW comes the Plaintiff, M. Marie Wilt, by and through her attorney, Bradley R. Bolinger, and for cause of action against the Defendant says: 1. Plaintiff is M. Marie Wilt, an adult individual living and residing at 300 Main Street, Landisburg, Perry County, Pennsylvania. 2. Defendant is Susan C. Pheiffer, an adult individual living and residing at 455 Schley Road, Annapolis, Maryland. 3. On March 23, 2001, at approximately 3:39 p.m., the Plaintiff was the owner and operator of a 1994 Ford Taurus automobile with Pennsylvania registration ARN5117. 4. On the date and time above mentioned, the Defendant was the operator of a 1999 Ford Ranger pickup truck with Maryland registration 61 G270. 5. On the date and time above mentioned, the Defendant was operating the aforementioned 1999 Ford Ranger pickup truck with the permission of its owners, Thomas H. Pheiffer and Susan G. Pheiffer. 6. On the date and time above mentioned, the Plaintiff was operating the aforesaid 1994 Ford Taurus automobile west on Pomfret Street in Carlisle, Cumberland County, Pennsylvania. 7. On the date and time above mentioned, the Defendant was operating the aforesaid 1999 Ford Ranger pickup truck north on Orange Street and was approaching the intersection of Orange Street and Pomfret Street in Carlisle, Cumberland County, Pennsylvania. 8. On the date and time above mentioned, the intersection of Orange Street and Pomfret Street is governed by a stop sign controlling traffic proceeding north and south on Orange Street. 9. On the date and time above mentioned, the Defendant failed to stop at the stop sign at the intersection of Orange Street and Pomfret Street and entered the intersection striking the left side of the Plaintiff's automobile. 10. The above-described collision was solely and proximately caused by the negligence of the Defendant, said negligence consisting of the following: A. Her failure to stop the vehicle she was operating before it collided with the plaintiff's motor vehicle. , icle n a careless manner and with disregard for R Her driving her veh ........ ~,.~ ~,,, ratinn her vehicle upon ~' '~hf~ ~nd safetv of others ana in ot[~[ w,o~ ,-,_P~e_.~?,,,.i~ ,,,e % ....... r - -- _ .... .~.~n,~erinn nersons anu ~J,U~o,.,. the highway in a mannu, ~,,u~ ~ = ,- C. Her failure to maintain control of her vehicle so that she could stop within the assured clear distance ahead. · to at the posted stop s gn at the intersection of er failure to s p · te and time. (~rangeH~treet and Pomfret Street on the above mentioned da E. Her violation of Section 3323 of the Pennsylvania Vehicle Code, 75 Pa. C.S.A. Section 3323. F. Her violation of Section 3361 of the Pennsylvania Vehicle Code, 75 Pa. C.S.A. Section 3361. G. Her violation of Section 3714 of the Pennsylvania Vehicle Code, 75 Pa. C.S.A. Section 3714. 11. By reason of the above-described coil sion, the Plaintiff sustained bodily injuries as fotlows: A. B. C. D. A nondisplaced fracture of her left acetabulum; Development of post-traumatic arthritis in her left hip joint; Low back pain; and Trochanteric bursitis in her left hip. 12. By reason of the injuries sustained by the, plaintiff as above set forth, she was an inpatient in the Carlisle Hospital from May 7, 2002, through May 24, 2002. 13. By reason of the injuries sustained by the Plaintiff as above set forth, she underwent surgery in the nature of a left hip replacement on May 7, 2002, at the Carlisle Hospital. 14. As a result of her injuries, the Plaintiff has received the following medical attention and care which has been reasonable and customary in the community where she was treated: Dates of Treatment Pro_._~vider Loft Trostle, M.D. P.O. Box 913 Route 850 Loysville, PA 17047 David C. Baker, M.D. 19 Brookwood Avenue Carlisle, PA 17013 Carlisle Regional Medical Center 246 Parker Street Carlisle, PA 17013 (inpatient hospitalization) Carlisle Regional Medical Center 246 Parker Street Carlisle, PA 17013 (rehab hospitalization) Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (physical therapy) Carlisle Imaging Associates 101 Noble Boulevard P.O. Box 100 Carlisle, PA 17013 3/26/01; 3/30/01; 4/3/01; 4/20/01; 5/16/01; 5/30/01; 7/30/01; 9/24/01; 10/24/01; 1/18/02; 1/23/02; 2/13/02; 5/29/02; 6/17/02; 7/22/02; 9/23/02 4/3/01; 4/2.4/01; 6/5/01; 7/3/01; 8/7/01; 10/2/01; 11/12/01; 5/3/02; 5/7/02; 5/30/02; 11/22/02 5/7 - 5/10/02 5/10 -5/24/02 11/20/01 4/3/01; 4/24/01; 4/27/01; 6/5/01; 8/7/01; 10/22/01; 11/1/01; 5/7/02 7. Moffitt Heart Group 1000 North Front Street Wormleysburg, PA 17043 8. Carlisle Pathology Associates P.O. Box 188 Landisville, PA 17538 9. John C. Rodgers, M.D. One Dunwoody Drive Carlisle, PA 17013 10. Penn Rehab 2151 Linglestown Road Suite 240 Harrisburg, PA 17110 11/15/01; 11/21/01 5/7/02 5/7/02 5/11/02; 5/12/02; 5/13/02; 5/14/02; 5/15/02; 5/16/02; 5/17/02; 5/18/02; 5/19/02; 5/20/02; 5/21/02; 5/22/02; 5/23/02; 5/24/02 11. Blue Mountain Anesthesia Associates P.O. Box 249 Greencastle, PA 17225 12. Masland Associates Medical Arts Building Suite 22 Carlisle, PA 17013 13. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (x-rays) 14. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (x-rays) 15. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (bone scan) 16. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (x-rays) 17. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (x-rays) 18. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (CT scan) 19. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (x-rays and EKG) 20. Carlisle Hospital P.O. Box 310 Carlisle, PA 17013 (lab tests) 21. Cadisle Hospital P.O. Box 310 Carlisle, PA 17013 (ultrasound) 22. Carlisle Hospital P.O. Box 310 5/7/02 5/20 - 5/23/02 4/3/01 4/24/01 4/27/01 6/5/01 8/7/01 10/22/01 11/1/01 11/12201 11/30/01 4/3O/O2 Carlisle, PA 17013 (lab testS) 23. Carlisle Hospita~ P.O. Box 310 Carlisle, PA 17013 (lab tests) 24. Prescription Expenses 5/28/02 Various 15. By reason of the injuries to the Plaintiff sustained as above set forth, she has endured severe physical, emotional, and mental pain, suffering, and inconvenience and will continue to endure severe physical, emotional, and mental pain, suffering, and inconvenience for the remainder of her life. 16. By reason of the injuries to the Plaintiff sustained as above set forth, she has sustained a permanent injury to her ~eff hip which may cause her to undergo additional surgery in the nature of a revision to her left hip replacement. 17. By reason of the injuries to the Plaintiff sustained as above set forth, she will receive additional medical attention and care and will incur additional medical expenses in an amount noW unknown. WHEREFORE, Plaintiff, M. Marie Wilt, demands damages o! the Defendant in a sum in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, DILORETO, COSENTINO & BOLINGER, PC Date: August _~ I , 2003 Attorney for Plaintiff [ 330 Lincoln Way East ~J P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 VERIFICATION I, M. Marie Wilt, the plaintiff herein, hereby affirm that the facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of myself in preparation of this Complaint. The language of the Complaint is that of my counsel and not my own. have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject tn the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ~/~1 ~a'mtiff IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH M. Marie Wilt, Plaintiff Civil Action - Law VS. Susan C. Pheiffer, : Defendant #03-1167 Civil Term PLAINTIFF'S REPLY TO DEFENDANT'S NEW MA'I-rER NOW comes the Plaintiff, M. Marie Wilt:, through her attorney, Bradley R. Bolinger, and files the within Reply to New Matter as set forth in the Defendant's Answer to the Plaintiff's Complaint. 18-21. Denied. The allegations contained in paragraphs 18 through 21 of the Defendant's New Matter constitute conclusions of law to which no responsive answer is required. WHEREFORE, the Plaintiff demands darnages of the Defendant in a sum in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, Date: October 10, 2003 DILORETO, COSENTINO & BOLINGER, PC B ~.~,~Oo rr r~ ;~ fl .o; .P41 ~ 'lff '~) 3;30 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 IN THE COURT OF COMMON PLEAS OF T~HE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH M. Marie Wilt, Plaintiff Civil Action - Law VS. #03-1167 Civil Term Susan C. Pheiffer, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply to New Matter of the Defendant was served this date by depositing same at the post office at Chambersburg, Pennsylvania, first class mail, postage prepaid, on the 10th day of October, 2003, addressed as follows: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: October 10, 2003 DILORETO, COSENTINO & BOLINGER, PC '-~radley 4;~E~oling~r, Es(:~ir~ Attorney for Plaintiff ~ Attorney I.D. 42911 ',.J 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH M. Marie Wilt, Plaintiff VS. Civil Action - Law #03-1167 Civil Term Susan C. Pheiffer, Defendant PRAECIPE TO SETTLE ANr) DISCONTINUE To: Curtis R. Long, Prothonotary Please mark the above-captioned action as ,,settled and discontinued. DILORETO, COSENTINO & BOLINGER, PC Date: ~//~t o / B I Bradley FL.E~linger, ~-sq~r~ Attorney for Plaintiff 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 ('717) 264-2096