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Home My WebLink About01-03423 '. II , I , COMPLAINT - CIVIL ACTION ARBITRATION LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: CHERI ANN LEINBERGER Attorney I.D. # 85700 Attorney for Plaintiffs 1144 W. Hamilton Street, P.O. Box 1995 Allentown, Pa 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWIN J. BRADLEY, 1215 Sadler Dr., Carlisle, PA 17013 and PROGRESSIVE CASUALTY INSURANCE COMPANY P.O. Box 43258, Richmond Heights, OH 44143 as subrogee of Plaintiff Edwin J. Bradley No.: 01- 2'1;;..a CIU~C /C/JI""- Plaintiffs, vs. TARA DUKES, 7 Pine Road #605 Mount Holly Springs, PA 17065, Defendant. NOTICE 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 an 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 that 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 ":". " '.'o'.'"l _ ..- 'i!l, , _.": .".,!__, '<0, ' - ~_/,,^,_" . , ',""'0 _.'_ , 0_, .. ,~ . "~ .'."".~ ''^'<-''---'''. "- _. " COMPLAINT - CIVIL ACTION ARBITRATION LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: CHERI ANN LEINBERGER Attorney LD. # 85700 Attorney for Plaintiffs 1144 W. Hamilton Street, P.O. Box 1995 Allentown, Pa 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWIN J. BRADLEY, 1215 Sadler Dr., Carlisle, PA 17013 and PROGRESSIVE CASUALTY INSURANCE COMPANY P.O. Box 43258, Richmond Heights, OH 44143 as subrogee of Plaintiff Edwin J. Bradley No.: 01- 311.23 Cw:..P :r~ Plaintiffs, vs. TARA DUKES, 7 Pine Road #605 Mount Holly Springs, PA 17065, Defendant. COMPLAINT NOW COME the Plaintiffs, by and through their attorney, Cheri Ann Leinberger, and bring this civil action against the Defendant, Tara Dukes, upon a cause of action whereof the following is a statement: 1. Plaintiff Edwin J. Bradley is an adult individual residing at 1215 Sadler Drive, Carlisle, Cumberland County, Pennsylvania 17013. (Hereinafter "Plaintiff Bradley") 2. Plaintiff Progressive Casualty Insurance Company is an insurance company, registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, including but not limited to, automobile insurance coverage, with an address of P.O. Box 43258, Richmond Heights, OH 44143. -b";,_'TL l~: ._r_,." .~ "-',-t-'~- '. ~,__,<. ,_" _, '-'.,<;l' _ ~_ " - ~~"" "~- '." y ~." " (Hereinafter "Plaintiff Progressive") 3. Defendant Tara Dukes is an adult individual residing at 7 Pine Road #605, Mount Holly Springs, Cumberland County, PA 17065. (Hereinafter "Defendant Dukes ") 4. Plaintiff Progressive brings this action as subrogee of Plaintiff Bradley, pursuant to its right of subrogation as is set forth under Pennsylvania and Federal law , and which is also contained in a motor vehicle liability policy and/or Release and other writings and oral agreements issued to Plaintiff Bradley, which, at all times relevant hereto, were in full force and effect. 5. On or about December 13, 1999, at or about 4: 15 p.m. Plaintiff Bradley was the owner and operator of a 1997 Volkswagen GTI motor vehicle which was traveling north on Rockledge Drive at or near the intersection with Old York Road in Middleton Township, Cumberland County, Pennsylvania. (Hereinafter "the Bradley vehicle") 6. At the date and time aforesaid, Defendant Dukes was the owner and operator of a 1994 Eagle Summit motor vehicle, which was traveling south on Rockledge Drive at or near the intersection with Old York Road, in Middleton Township, Cumberland County, Pennsylvania. (Hereinafter "the Dukes vehicle") 7. As Plaintiff Bradley operated the Bradley vehicle, legally and with due and proper care, Defendant Dukes operated the Dukes vehicle in such a negligent and careless manner that she traveled across the center line into the northbound lane of Rockledge Road and collided with the Bradley vehicle, causing damages as are hereinafter more fully set forth. 8. The collision set forth above and the resulting damages were caused in no manner by any act or failure to act on the Subrogor's or Plaintiff's behalf, "-:'- _..'.",-",,"...,r_'~-~_""I >>>; e; -',"'r.-~-'h.--'~-.t-. ,,,-_p--,,r__.~'.,y__"', , ,.. " '~ " il I 9. At the date and time said collision took place, Defendant Dukes was an uninsured driver as is defined in the Motor Vehicle Financial Responsibility Law as is codified in 75 Pa. C.S.A. 10. The said negligence and carelessness of Defendant Dukes consisted of: A) Operating the Dukes vehicle at an excessive rate of speed under the circumstances; B) Failing to maintain the Dukes vehicle under proper and adequate control; C) Failing to maintain an adequate and proper lookout for other vehicles; D) Operating the Dukes vehicle outside of its designated lane of travel; E) Failing to give due regard to the rights, safety, and position of the other users of the public streets, highways, and intersections; F) Being otherwise negligent; and G) Otherwise, violating the laws of the Commonwealth of Pennsylvania relative to the operation and control of motor vehicles. II. Solely as a result of the aforesaid collision, caused by the negligence and carelessness of Defendant Dukes, the Bradley vehicle was damaged, the repair of which cost the Plaintiffs a sum in excess of $9,600.18, which Plaintiffs now claim as damages, 12. Due to Plaintiff Progressive's payment of these expenses, it is now entitled to the legal, equitable, statutory, and contractual rights of subrogation as against Defendant. -';"''1J_, ,- -,. ,,,,,,,~__, ,",,~_',",-'1"",V',-'-1' '<:',_ ,," _\_-',/","".,-,_ ",_"-'""''''''.-, '.__ _ , ,_ ~ _' _, ,_ c " _,.q1tn '-'^'_"' "',/,,_,_'t'_ " Ii WHEREFORE, the Plaintiffs hereby demand of the Defendant Tara Dukes, the sum of $9,600.18, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. Respectfully submitted, LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: C~~~~=E1~~ Attorney for Plaintiffs Attorney l.D. No.: 85700 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 - . '--~-,~ i,_ _"",~,_", ,-- . ~ ',-O>::s "_,__",_,~ __",_,,' .~ _ N ,_ " _"n_ - :~ - ,-" , " " . AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND I, CHERI ANN LEINBERGER, ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa.R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory materials in the file. This verification is executed because the Plaintiffs can not reach Plaintiffs' counsel's office in time for personal execution and this verification can be replaced by one signed by an actual party upon any written request. SWORN TO AND SUBSCRIBED before me this.Pth day of ~ 2001. :J>. 6u1-.I' ~~~~j~ CHERI ANN LEINBE GER, ESQ IRE Attorney LD. No, 85700 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 My Commission Expires: r' ~J" I NelMal Seal I MIChelle 0, Roam.... Notary Public" ' ! A11"ntown. Lel1i!Ih County ~=~~~i5.,~ I - :nO'l'H -"';"- . - ---""~' ~'''''~;'-;~:_'l-~_}1 1"1' - - +, ".- " - ",,,.,, -~'" ~..':", ~,." ,',,'l-'-'_~ , , _',or ~ . I ,-.>-'._''.,""-_o_'.'-J'_i_ OJ , .-<< _'''''_,'''''''"'~..-~~ ~'"I"- - ""rr nniriI" . (J .t 0 C) 0 ~ -6g. c: -,-1 fit ~ :s: t_ ::::! 'TJ(D c:: ~ frt cp [r~ ::e dl~ ~-,"'-' -nm 8 z:,;: I [S ~ 0 .1::- :-f.10 ::::- 8 ~ ~z ~~-~~) fCl ~ ~o "'" ''T'" oj J.J )> "'...,,. ~C'7" ~'n ~O "~ ';! (') rS --c:; );~ .,c:.rn , , t~ 0 ,"-j F! (JI ~ '\y ~ 1''' J f_'," ",."}1'l!l!1li,, ' In , ~ "'-, , -7 .:J1IJ!Ilf) , : ~11;j~~n:';11'1);a,\'-.1,-"-,?,.',,~w.--,-,,g"ff~>"'-tfi,c;:~.;:,;~~t!\f&';'IIM',,"'if<JrHf!WSI~,w-o;;*'$"-~-~'PIM~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03423 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADLEY EDWIN J VS DUKES TARA BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DUKES TARA the DEFENDANT , at 1843:00 HOURS, on the 12th day of June 2001 at 7 PINE ROAD #605 MOUNT HOLLY SPRINGS, PA 17065 by handing to TARA DUKES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 r~~..<~~ R. Thomas Kline me this ;u LiZ. day of 06/"/'00' ~ L PAUL JOHNSTO~ By: f!) , Deputy Sheriff Sworn and Subscribed to before -0-,,'" ~l _ A.D. Q~. , Q )1A.''-",#" othonotary ';";'_""0 <~",," <, -'"~~1''' :'~' '~=! 1 , - . IN THE COURT OF COMMON PLEAS OFCUMBERLAlMfjlTJNTY, PENNSYLVANIA , CIVH~ DlV!SION EDWIN J. BRADLEY and PROGRESSIVE: CASUALTY INSURANCE COMPANY, as subrogee of Plaintiff EDWIN J. SRADLEY, Plaintiffs, , FileNo. 01-3423 Civil Term Vs. TARA DUKES, Defendant. PRAECIPE .FOR .JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff~ and against: Defendant Tara Dukes forwantoffailure to answer Complp.int (XX~ As~e5s damages as follows: Debt-------------------------------------------------- $ 9,600.18 Inter"st from -------- A tto rn ey' s Com miss i on ---------------------------...:..-- TOT A L --------------------------------------------- $ 9, 600 . 18 ( X) I certify that the foregoinJ!; assessment of damaJ!;es is for specified amounts alleged to be due in the complaint and is calculable as a sum certain for the complaint. (X ) Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judJ!;ment or decree), I certify that a copy ofthis praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X ) Pursuant to Pa.R.c.P. 237.1, I certify that written notice of the intent to liIe this praecipe was mailed or delivered to the party against whom judJ!;ment is to he entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the liIing of this praecipe and a copy of the notice is attached. DATE: "L ~I OJ.. Si~nature:ffi^i, ClMM.- X~},('.A.tA) Print Name: Cheri Ann Lei;~~rger, ifciu-ire Attorney for: Plaintiffs Address: 1144 W. Hamilton st., P.O. Box Allentown, PA 18105 1995 Telephone: (610) 437-5001 Supreme Court ID No.: 85700 NOW, (1'::J/2.r ~ I ,"..2QQ)..J!JDGMENT IS ENTERED AS ABOVE. (Rev.4/97) ~(ho [J,~/)/u~/ Deputy -:i'il, ,,_,,'__ "'; '" . """. , , o. " - CHERI ANN LEINBERGER, ESQUIRE Attorney for Plaintiff Attorney I.D. No. 85700 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW EDWIN J. BRADLEY and PROGRESSIVE CASUALTY INSURANCE COMPANY, as subrogee of Plaintiff EDWIN J. BRADLEY, Plaintiffs, v. No.: 01-3423 Civil Term TARA DUKES, SEPTEMBER 26, 2001 Defendants. DEFENDANT TARA DUKES: IMPORTANT NOTICE 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 BEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT BAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY: th1~ ~ ~J~ CHERI ANN LEINBE GER, ES DIRE ~,.-1"~_=_" = -",_",,~_""'F_A,_,h7_'!"'1', __~ __J..__' _ ,_, ,.< '__'_J"o, ."-<' ,-- ,,~ ':~~" ".i,'.,:}C IN THE COURT OF COMMON PLEAS OFCUMBERLA!'(jX)UNTY. PENNSYLVANIA CIVIL DIVISION EDWIN J. BRADLEY and PROGRESSIVE CASUALTY INSURANCE COMPANY, as subrogee of Plaintiff EDWIN J. BRADLEY, Plaintiff(s) vs. FileNo. 01-3423 Civil Term TARA DUKES, : NOTICE OF FILING JUDGMENT Defendant(s): (X ) Notice is b::reby given that a ' Judqrnent in the above captioned matter has been entered against ~ou in the amount of $9,600.18 on (YI;:J/u:f.... I .Jt:8'l 2002 ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ~y:- ~J2~ If you have any questions regarding this Notice, please contact the filing party: NAME: Cheri Ann Leinberger, Esquire ADDRESS: P.O. Box 1995 Allentown, PA 18105-1995 TELEPHONE NO. (610) 437-5001 (This Notice is give in accordance with Pa.R.C.P. 9 236.) "i'.iFfl'~ <~ :-"'-""~-~----' ~~,"",-'-' ,- , ". -", -~~.., ~_ "_ ,,-,. .:c"-,-,,. I'" "',"" , .. "".M." ''W'ITIlliU itIl tP, i <<l ~ , II 8 () C1 C:. C r....) <"' -17 - '- c..v -Ow ::;: ., rnrr :r:-u f Jv fv Z-y ::l~J )J ~ 2:;= W c15~. J.-> C> -</= ...J ~C; ~;. So"' [S ~ ...J )>0 :::!:; ;~"" jj Zc :~~; ~;~ ~ 5>"", L~ ...,-J ~ -..-1 , :::> ~l~ B: -, (-, -' -< ~ l1:1fJ!l ".'",,'''~'"''''' ,,,,,!ii$!Il.\Il!~!\1Ii!lii~~'&!i'~~~~!~i!fA'i';<"~'~Wk~'--""~-(:'~-""~l":''',!'''~"!"?'."H '-"-,'S_"f c'-#.\?JI~"'_;;q,,"!',"4'!1'HH';''''>f-1!,;''k;-,,,,\j;'~~i''''''~'i''F~~~~~_~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW EDWIN J. BRADLEY and PROGRESSIVE CASUALTY INSURANCE COMPANY, as subrogee of Plaintiff EDWIN J, BRADLEY, No. 01-3423 Civil Term Plaintiffs, Vs. TARA DUKES, Defendant. TO THE PROTHONOTARY: The judgmen.t entered against Tara Dukes was due to a " motor vehicle accident which occurred on December 13, 1999. SWORN TO AND SUBSCRIBED before me this ()7'fLday of :JUi\9-- 2002. CH~~~tf~~4~~;: ) Attorney ID No. 85700 1144 W. Hamilton St., P.O. Box 1995_ Allentown, PA 18105-1995 (610) 437-5001 ",,-, ~ My Commission Expires: NoIarilIISeaI MIoheIle D. Oll. 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