HomeMy WebLinkAbout01-0451 FX
LEARN RICHMOND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.01 CIVIL ?7-Qaay-?
WILLIAM F. ORNER, III and
AMY L. ROBERTS CIVIL ACTION - LAW
Defendants
NOTICE TO DEFEND
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
judgment 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presentar una apariencia escrita o en persona o por abogado y archivar
en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
880-990-9108
LEANN RICHMOND,
Plaintiff
V.
WILLIAM F. ORNER, III and
AMY L. ROBERTS
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0/- gel CIVIL
CIVIL ACTION - LAW
COMPLAINT
1. The Plaintiff is an adult individual residing at 7375
Audubon Drive, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant, William F. Orner, III, is an adult individual
residing at 704 North Front Street, Wormleysburg, Cumberland
County, Pennsylvania 17043.
3. Defendant, Amy L. Roberts, is an adult individual
residing at 240 Walnut Street, Apartment 1, Lemoyne, Pennsylvania
17043.
4. The facts and occurrences, hereinafter related, took
place on or about May 25, 2000 at or about 12:20 p.m on Market
Street in Lemoyne near its intersection with 12th Street.
5. At the time and place aforesaid, Plaintiff was the owner
and operator of a 1991 Volkswagen Jetta, which was then and there
stopped for a red traffic signal.
6. At the time and place aforesaid, Defendant Orner was the
operator of a 1980 Pontiac Sedan owned by Defendant Roberts.
7. At the time and place aforesaid, Plaintiff's vehicle was
stopped. Defendant Orner operated the vehicle so as to strike the
rear of the Plaintiff's stopped vehicle, resulting in damages
hereinafter set forth.
8. The aforesaid accident, and damages resulting therefrom,
were caused by the negligence of Defendant Orner in that he:
a) operated his vehicle at a speed too fast for conditions;
b) failed to have his vehicle under control;
C) failed to keep a proper lookout for other vehicles; and
d) operated his vehicle under the influence of intoxicating
beverages in violation of the Pennsylvania Motor Vehicle
Code.
9. The aforesaid accident and damages resulting therefrom
were caused by the negligence of Defendant Roberts in that she:
a) allowed her vehicle to be operated by a person that she
knew or should have known was not competent to operate a
motor vehicle;
b) failed to have her vehicle insured in accordance with the
laws of the Commonwealth of Pennsylvania: and
c) failed to have her vehicle properly and adequately
insured in violation of 75 Pa. C.S.A. § 1786(a).
10. Solely as a result of the negligence of the Defendants,
Plaintiff's vehicle sustained damages in the amount of One
Thousand, Five Hundred Ninety-Six and 91/100 ($1,596.91) Dollars.
2
WHEREFORE, Plaintiff demands judgment against the Defendants
in an amount not in excess of arbitration limits, together with
interest, costs and attorneys' fees.
Respectfully submitted,
WIX, WENGER & WEIDNER
By ...c c/ A.
Ll? tn?
Richard H. Wix, I.D. No. 07274
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
3
I, Leann Richmond, have read the foregoing Complaint which has
been drafted by my counsel. The factual statements and/or denials
contained therein are true and correct to the best of my knowledge,
information and belief. I am authorized to make this verification.
This verification is made only as to the factual averments
contained therein and not to legal conclusions and averments
authorized by counsel in his capacity as attorney for the party or
parties hereto.
This verification is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities
which provides that, if I knowingly made false averments, I may be
subject to criminal penalties.
L eann Richmon
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00451 P
t COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RICHMOND LEANN
VS
ORNER WILLIAM F III ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
ORNER WILLIAM F III
was served upon
the
DEFENDANT , at 0015:10 HOURS, on the 2nd day of February , 2001
at POE: N.B. LEIBMAN 4705 CARLISLE PIKE
MECHANICSBURG, PA 17055 by handing to
WILLIAM F. ORNER. III
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
18.00
8.06
.00 _
10.00 R.
.00
36.06 02/0
WIX,
Answers:
Thomas Kline
5/2001
WENGER & WEIDNER
Sworn and Subscribed to before By:
me this day of
7 adt? l A.D.
othonotary
CASE NO: 2001-00451 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RICHMOND LEANN
VS
ORNER WILLIAM F III ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ROBERTS AMY L the
DEFENDANT at 0015:57 HOURS, on the 5th day of February , 2001
at 506 MARKET ST, APT 1
LEMOYNE, PA 17043 by handing to
WILLIAM F. ORNER III (CO- RESIDENT/BOYFRIEND)
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this l.2-? day of
A. D.
othonotary
So Answers:
x0e
R. Thomas Kline
02/06/2001
WIX, WENGER &
LEANN RICHMOND,
Plaintiff
V.
WILLIAM F. ORNER, III and
AMY L. ROBERTS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 Civil Term
CIVIL ACTION - LAW
AFFIDAVIT OF DAMAGES CAUSED BY A MOTOR VEHICLE ACCIDENT
STATE OF PENNSYLVANIA .
ss.
COUNTY OF DAUPHIN
I, Richard H. Wix, being first duly sworn, on an oath:
1. I am an adult individual.
2. I reside at 6490 Gallop Road, Harrisburg, Pennsylvania.
3. My occupation is attorney at law.
4. I am the duly authorized agent for the plaintiff in the
this case and as such have full knowledge of the facts relating
thereto.
5. With reference to the matter in issue in the above-
referenced case, the damages sustained by Plaintiff were the
result of a motor vehicle accident.
By'a-? r a -
Richard H. Wix
Subscribed and sworn to before me
O- ?6'2` , 2002.
this /D411 ydJay of (?n y
Notary Public
Gaye CNristNotary Public
ls?th Hanover 1 ., Dauphin County
My Comm6sion Expires Apr. 18, 2005
Member, Pennsylvania Association of Notaries
F`.
01-
„ ,4Y
02 OCT I I I'll 2: 15
PEES 4NSYI NNNI,4
vjs?
LEANN RICHMOND,
Plaintiff
V.
WILLIAM F. ORNER, III and
AMY L. ROBERTS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 Civil Term
CIVIL ACTION - LAW
AFFIDAVIT OF DAMAGES CAUSED BY A MOTOR VEHICLE ACCIDENT
STATE OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
I, Richard H. Wix, being first duly sworn, on an oath:
1. I am an adult individual.
2. I reside at 6490 Gallop Road, Harrisburg, Pennsylvania.
3. My occupation is attorney at law.
4. I am the duly authorized agent for the plaintiff in the
above referenced case and as such have full knowledge of the facts
relating thereto.
5. With reference to the matter at issue in the above
captioned case, the damages sustained by Plaintiff were the
result of a motor vehicle accident.
Subscribed and sworn to before me
this Rk day of X2002.
ak
Notary Public
Notarial Seal
Gaye Crist, Notary Public
South Hanover Twp., Dauphin County
My Commission Npires Apr. 18, 2005
Member, PennsyivaniaAssociallonotNotaries
Richard H. Wix
OF ?f?,.oCpo,';?? 1TARY
02 S£P 23 AM 9 92
NSY VAN
pEN 1A
LEANN RICHMOND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WILLIAM F. ORNER, III and NO. 01-451
AMY L. ROBERTS
Defendants
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter Default Judgment against Defendants William F.
41-
Ornerl and Amy L. Roberts in the amount of One Thousand, Five
Hundred Ninety-Six and 91/100 ($1,586.91) Dollars, plus interest
and costs of suit.
Respectfully submitted
WIX, WENGER & WEIDNER
Richard H. Wix, Esq.,,/I.D. #07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Date: 713 /DL
LEANN RICHMOND,
Plaintiff
v.
WILLIAM F. ORNER
AMY L. ROBERTS
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 Civil Term
CIVIL ACTION - LAW
NOTICE OF ASSESSMENT OF DAMAGES
TO: William F. Ornerla^
704 North Front Street
Wormleysburg, PA 17043
You are hereby notified that in ten (10) days from the mailing
of this Notice, damages will be assessed against you in the amount
indicated in the attached Repair Bill in connection with the
judment which will be entered against you in the above-captioned
action unless, prior to the date of assessment, you request a trial
on the issue of damages by filing a written Praecipe with the
Prothonotary.
WIX, WENGER & WEIDNER
By '`/'/
Richard H. Wix, Esq., ID# 07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated:
LEANN RICHMOND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-451 Civil Term
WILLIAM F. ORNER,0-
AMY L. ROBERTS
Defendants CIVIL ACTION - LAW
NOTICE OF ASSESSMENT OF DAMAGES
TO: Amy L. Roberts
240 Walnut Street Apt 1
Leymoyne, PA 17043
You are hereby notified that in ten (10) days from the mailing
of this Notice, damages will be assessed against you in the amount
indicated in the attached Repair Bill in connection with the
judment which will be entered against you in the above-captioned
action unless, prior to the date of assessment, you request a trial
on the issue of damages by filing a written Praecipe with the
Prothonotary.
WIX, WENGER & WEIDNER
By
Richard H. Wix, Esq., D# 07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated:
LEANN RICHMOND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-451 Civil Term
WILLIAM F. ORNER, III and
AMY L. ROBERTS
Defendants CIVIL ACTION - LAW
IMPORTANT NOTICE
To: William F. Ornerj?--
704 North Front Street
Wormleysburg, PA 17043
DATE OF NOTICE: May 23, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Library Avenue
Carlisle, PA 17013
800-990-9108
WIX, WENGER & WEIDNER
By . L
Richard H. Wix, Esq. ID# 07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
LEANN RICHMOND, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 01-451 Civil Term
WILLIAM F. ORNER, III and
AMY L. ROBERTS
Defendants CIVIL ACTION - LAW
IMPORTANT NOTICE
TO: Amy L. Roberts
240 Walnut Street Apt 1
Lemoyne, PA 17043
DATE OF NOTICE: May 23, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Library Avenue
Carlisle, PA 17013
800-990-9108
WIX, WENGER & WEIDNER
By
Richard H. Wix, Esq., ID# 07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
LEANN RICHMOND ,
Plaintiff
V.
WILLIAM F. ORNER III and
AMY L. ROBERTS,
Defendants
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
j ss
Personally appeared before me, a notary public in and for said
commonwealth and county, RICHARD H. WIX, ESQUIRE, of the firm of
Wix, Wenger & Weidner, attorneys for the Plaintiff, who being duly
sworn according to law deposes and says that he mailed notice of
default judgment and notice of assessment of damages to William F.
Orner III, in accordance with Pennsylvania Rules of Civil Procedure
237.1 and 1037.
Richard H. Wix, Esquire
Sworn to and subscribed
before me this day
of , 2002
Notary Public
My Commission Expires:
LEANN RICHMOND ,
Plaintiff
V.
WILLIAM F. ORNER III and
AMY L. ROBERTS,
Defendants
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ss
Personally appeared before me, a notary public in and for said
commonwealth and county, RICHARD H. WIX, ESQUIRE, of the firm of
Wix, Wenger & Weidner, attorneys for the Plaintiff, who being duly
sworn according to law deposes and says that he mailed notice of
default judgment and notice of assessment of damages to Amy L.
Roberts, in accordance with Pennsylvania Rules of Civil Procedure
237.1 and 1037.
Richard H. Wix, Esquire
Sworn to and subscribed
before me this day
of
, 2002
Notary Public
my commission Expires:
CERTIFICATE OF SERVICE
AND NOW, this 23th day of May, 2002, I, Richard H. Wix,
Esquire, of the firm of Wix, Wenger & Weidner, attorneys for
Plaintiff, hereby certify that I served the foregoing Notice of
Default on this date by deposition a copy of the same in the United
States mail, postage prepaid, in Harrisburg, Pennsylvania,
addressed as follows:
William F. Orner-Ta
704 North Front Street
Wormleysburg, PA 17043
WIX, WENGER & WEIDNER
By ?L Z,4,r /
Richard H. Wix, Esq., .D. #07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
CERTIFICATE OF SERVICE
AND NOW, this 23th day of May, 2002, I, Richard H. Wix,
Esquire, of the firm of Wix, Wenger & Weidner, attorneys for
Plaintiff, hereby certify that I served the foregoing Notice of
Default on this date by deposition a copy of the same in the United
States mail, postage prepaid, in Harrisburg, Pennsylvania,
addressed as follows:
Amy L. Roberts
240 Walnut Street Apt 1
Lemoyne, PA 17043
WIX, WENGER & WEIDNER
ByT 1t_?_
Richard H. Wix, Esq., .D. #07274
Attorneys for Plaintiff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
38-063-031 LT
ArMMISER18 AFFIDAVIT
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COUNTY OF ) ss
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AND NOW, this-\0 day of 2002, before me the
- JUG.
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undersigned authority, personally appeared'
who acknowledged himself/herself to be an employee of State Farm
Insurance Companies, and that the appraisal attached hereto
accurately reflects 'the damages which were sustained to a 1991
Volkswagon Jetta owned by Leann Richmond. I certify that these
repairs were necessary, and that the prices for labor and material
were fair and reasonable and those customarily charged. The
undersigned also states that he/she has experience in the appraisal
of automobiles for a period of
years.
sworn to and subscribed
to before me this IV day
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Richmond : IN TIIE COURT OF COMMON PLEAS
Plaintiff : DAUrl1IN COUNTY, PENNSYLVANIA
vs.
Orner, and CIVIL ACTION -
Roberts
Defendant NO.
To William Or er and Defendant(s)
Amy Roberts
'You are hereby notified that on
VL06A4he following Order Uecree)
Jtdgment has been entered against you in the above-
captioned case.
Default Judgment against the defendants in the
1
DATE: j_4 19 r e - I(L2?
Prothonotary
I hereby certify that the name and address of the
proper person(s) to receive this notice is:
Amy Roberts William Orner
506 Market Street #1 704 N. Front street
Lemoyne, PA 17041 Wnrmleysbilrg? PA 17043
A
Defendido/a
Defendidos/as
Por est.e medio se le esta notificando que el _
de _ __ del 19 , el/la siguiente
(Orden , ZDer.retoJ, (Fnllo ha sido anotado en contra
soya en el cnso mencionado en el epigrafe.
FF,CIIA :
Protonotar
Certifico qua la siguiente direction es la del
defendido/a segun indicada en el certificndo de
residencia:
Abogado del Demandante
DGBA-400-Rule 236(a)(2)-8/1/89
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LEANN RICHMOND,
Plaintiff
V.
WILLIAM F. ORNER, III and
AMY L. ROBERTS,
Defendants
To: Prothonotary
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-451 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE
Please mark the above-referenced action as discontinued and settled, and the
judgment as paid in full.
Respectfully submitted,
WIX, WENGER & WEIDNER
By /R4 CkWk ? - Wk
Richard H. Wix, Esq., ID# 07274
Attorneys or Plaintff
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 4/27/07
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