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Home My WebLink About01-03707 ~I-- <. ,. '., ~,~ ,..-,,, .'".~.~~''' ,,_~,_" '~~i~ --'..'--",-.-,,',- " '- ,,~, . , ;~' ;..>'~: "-", '.' "...;,,~- ... , COMPLAINT - ARBITRATION - ASSESS, DAMAGES HEARING IS REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: CHERI ANN LEINBERGER Attorney for Plaintiffs Attorney I.D, # 85700 1144 W. Hamilton St., P,O, Box 1995 Allentown, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW RICHARD E. PEIFFER, JR., 4 Woburn Abbey Ave., Camp Hill, PA 17011, PAMELA J, REAGER, 4 WoburnAbbey Ave" ~ Camp Hill, PA 17011 and NATIONWIDE No,: 61- 3"107 C'u;[ 1'iJ INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105, as subrogee of Plaintiffs RICHARD E. PEIFFER, JR. and PAMELA J. REAGER Plaintiffs, vs, DENISE MARIE STEFANON 1855 Lambs Gap Road Mechanicsburg, PA 17055 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 A LAWYER 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 II - -~ ~I ~, ,- , - <-.' ~ -0<. -, '. , ,'," ,',.;;""" ~-~""",lfJ" ,"~' ,--,'_'i" -.,',,---' ~,.;" -- ",-,,' - ^-~, '" COMPLAINT - ARBITRATION - ASSESS, DAMAGES HEARING IS REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: CHERI ANN LEINBERGER Attorney for Plaintiffs Attorney LD, # 85700 1144 W, Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW RICHARD E. PEIFFER, JR., 4 Woburn Abbey Ave., Camp Hill, PA 17011, PAMELA J. REAGER, 4 Woburn Abbey Ave., Camp Hill, PA 17011 and NATIONWIDE No,: C' /- 310'7 c;;;J~......... INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105, as subrogee of Plaintiffs RICHARD E. PEIFFER, JR. and PAMELA J. REAGER Plaintiffs, vs. DENISE MARIE STEFANON 1855 Lambs Gap Road Mechanicsburg, PA 17055 Defendant. COMPLAINT NOW COME the Plaintiffs, by and through their attorney, Cheri Ann Leinberger, and bring this civil action against the Defendant, Denise Marie Stefanon, upon a cause of action whereof the following is a statement: 1. Plaintiff Richard E, Peiffer, Jr" is an adult individual residing at 4 Woburn Abbey Avenue, Camp Hill, Cumberland Connty, Pennsylvania 17011. (Hereinafter "Plaintiff Peiffer") 2. Plaintiff Pamela J. Reager is an adult individual residing at 4 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, (Hereinafter "Plaintiff II . -~ - , '-~ ' - :jj ~ - _"_ L '__' "',_,c 1_ ;- "'--f':;--,,,,;"_~-d,~'.'. ~___C_,~,,,_,,""~';j',_-,>_ -'=, -;-,.:" _, ,"~ _:_"-.""c;'i":c"'~ ',!i:j-i, , g~; - Reager") 3, Plaintiff Nationwide Insurance Company is a corporation, registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 4. Defendant Denise Marie Stefanon is an adult individual residing at 1855 Lambs Gap Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, (Hereinafter "Defendant Stefanon") 5, Plaintiff Nationwide brings this action as subrogee of Plaintiffs Peiffer and Reager, pursuant to its right of subrogation as set forth under Pennsylvania and Federal law, and as further contained in a motor vehicle liability policy and/or Release issued to Plaintiffs Peiffer and Reager, which, at all times relevant hereto, was in full force and effect. 6. On or about June 19, 1999, at or about 9:30 p,m., Plaintiffs Reager and Peiffer were the owners of a 1998 Jeep Cherokee motor vehicle which was being operated by Plaintiff Peiffer, with Plaintiff Reager as a passenger, and which was traveling east on Creekview Road at or near the Route 581 off ramp in Hampden Township, Cumberland County, Pennsylvania, (Hereinafter "the Peiffer vehicle") 7. At the date and time aforesaid, Defendant Stefanon was the owner and operator of a 1985 Cadillac Sedan motor vehicle, which was traveling north on the Route 581 off ramp at or near the intersection with Creekview Road in Hampden Township, Cumberland County, Pennsylvania, (Hereinafter "the Stefanon vehicle") 8, As Plaintiff Peiffer operated the Peiffer vehicle, legally and with due and proper care, Defendant Stefanon operated the Stefanon vehicle in such a negligent and careless II , '-, - ; ~ -" 11'-1 ~"" ,~ --'-- -",'-, :,:,'/-J", -..;'1~;;;: c_> ',", ;"" ,,-f.__ ~ " __ -'~'~_~, k_ - manner that she failed to stop at a stop sign at the Route 581 off ramp at or near the intersection with Creekview Road in Hampden Township Cumberland County Pennsylvania, and collided with the Peiffer vehicle, causing damages as are hereinafter more fully set forth, 9, The collision set forth above and the resulting damages were caused in no manner by any act or failure to act on the Plaintiffs' behalf. 10. At the date and time said collision took place, Defendant Stefanon was an uninsured driver as is defmed in the Motor Vehicle Financial Responsibility Law as is codified in 75 Pa, C,S.A. 11. The said negligence and carelessness of Defendant Stefanon consisted of: A) Operating the Stefanon vehicle at an excessive rate of speed under the circumstances; B) Failing to maintain the Stefanon vehicle under proper and adequate control; C) Failing to maintain an adequate and proper lookout for other vehicles; D) Failing to stop at a stop sign at the Route 581 off ramp at or near the intersection with Creekview Road in Hampden Township, Cumberland County, Pennsylvania; E) Failing to give due regard to the rights, safety, and position of the other users of the public streets, highways, and intersections; F) Failing to yield to the legally proceeding Peiffer vehicle; G) Being otherwise negligent; H) Otherwise, violating the laws of the Commonwealth of Pennsylvania relative to the operation and control of motor vehicles, II " I'I-~ " . - ',.--~-,-' '-----<" -".,_,A .-" -< . ,-,r "," -",,',,_ --- iBJT~~'i...":~: - RICHARD E. PEIFFER. JR.. PAMELA J. REAGER. AND NATIONWIDE INSURANCE COMPANY VS. DENISE MARIE STEFANON COUNT I - PROPERTY DAMAGE 12, Plaintiffs hereby incorporate by reference paragraphs 1-11 of the within Complaint as if the same were more fully set forth at length herein, 13. Solely as a result of the aforesaid collision, caused by the negligence and carelessness of Defendant Stefanon, the Peiffer vehicle was damaged, the repair of which cost the Plaintiffs the sum of $10,704,66, which Plaintiffs now claim as damages, WHEREFORE, the Plaintiffs hereby demand of the Defendant Stefanon, the sum of $10,704.66, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. RICHARD E. PEIFFER. JR.. PAMELA J. REAGER. AND NATIONWIDE INSURANCE COMPANY VS. DENISE MARIE STEFANON COUNTII-PERSONALINJUR1ES 14, Plaintiffs hereby incorporate by reference paragraphs 1-13 of the within Complaint as if the same were more fully set forth at length herein, 15. In addition, Plaintiff Peiffer suffered the following personal injuries, as a direct, legal, proximate and efficient result of the aforementioned collision: A, Injuries to the legs as well as wage loss, loss of life's enjoyment, and other injuries some or all of which may be permanent in nature. 16, In addition, Plaintiff Reager suffered the following personal injuries as a direct, legal, proximate, and efficient result of the aforementioned collision: A. Injuries to the legs and arms, as well as wage loss, loss of life's II --ii ,,~--;j;.,-- ~ ",~", ~ ' ";,,;,,,";' ,-,,-- . - enjoyment, and other injuries some or all of which may be permanent in nature. 17. Nationwide Insurance Company is now entitled to collect Defendant Stefanon all payments, judgments and/or settlements of any kind made to Plaintiff Peiffer and Plaintiff Reager pursuant to the uninsured/underinsured motorist provisions of the above- referenced policy with Plaintiff Peiffer due to Nationwide Insurance Company's status as subrogee of Plaintiff Peiffer, 18. Plaintiff Nationwide has, in fact paid to Plaintiff Richard E. Peiffer, JI. and Plaintiff Pamela J. Reager the sum of $3,874.04, with $1,975.00 going to Plaintiff Reager and $1,899,04 going to Plaintiff Peiffer, which Plaintiff Nationwide now claims as damages, 19. Plaintiffs Peiffer and Reager suffered damages as described above, for which they were not compensated, and which damages exceed $3,874,04 but do not exceed the jurisdictional limit for compulsory arbitration. WHEREFORE, the Plaintiffs hereby demand of the Defendant Stefanon, a sum in excess of $3,874.04, but not to exceed the jurisdictional limit for compulsory arbitration together with interest and costs and such other further relief as this Court may deem necessary and appropriate. RESPECTFULLY SUBMITTED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: (!;lfAj' ~~iffirV CHERI ANN LEINB GER, ESQ RE Attorney for Plaintiffs Attorney I.D, No, 85700 1144 W, Hamilton St., P,O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 II - H_ ;JI .,~ ' o\,j, ,',I"_,~ ' '''_-c' ';'j,-~:;' ',,;,:,-- I!:-I~I~' -, AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA 55,; COUNTY OF CUMBERLAND I, CHERI ANN LEINBERGER, ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa,R,C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory materials in the file, This verification is further made by counsel due to the unavailability of any representatives of Plaintiffs to reach Plaintiffs' counsel's office in the time required for filing, and will, upon any request, be replaced with a Verification signed by the actual Plaintiffs, SWORN TO AND SUBSCRIBED before me this 13 th day of <.J ul\J... , 2001. /rrU-l~ ~'~fJWlU Notary Public 6u~ ~ii~ CHERI ANN LEINBERGE ,ESQUiRiP Attorney I.D. No, 85700 1144 W, Hamilton St., P,O, Box 1995 Allentown, PA 18105-1995 (610) 437-5001 My Commission Expires: I NolI/IIIIseal I MIcIIlIIlID. ""*"",,, N<llaIY PuIlIIC Atk:...~). Lehfgl'tOoontt .... ~~......... ~...... l\p'- 16.1WllII _,.....rn"~........- \llllWlli' Ii ~~Ia~M<.&-;'A~ili""'*B'ioH~M~\i~$:~;'!b.i!'"'Jtw,<L'--'~f:;--1.'if.I,i';1,',~,,:;g-i-;;;n}-~,",k~",,;;;_~'-' "~, U' "~";'~Iill!r.:~< ^_'---,,,,,,,.;;~;~!iid'~"" .i '-~v&Ul.:..:;!!i'-'-~ ~"'..d&J , ,- .' () co () ~ ~ c 7V ~ <" ~ -rJ;::[} Ii. ~ rrln-: _"JO ., ,--' G ~ p i~ -",- ; .,''1 <..~, , J..J 0 8 ~ f.~~ .' ~ w ~'v -''''I ):::'==' III .--'- ~-~-,;.f~ tv Z'~' () -.J I )> ?:~ f;-? -::';-:'1 ~~ Z N Jc. ~ --j ::.0 -~ .< ~+ ~ l <'J( "''''''''~_ .'_~"'<~,"~,~"," ~'"""\."",,,,'-" .., ',"'P,,~'-.,-" ',-;-,,",?'.<"~'~'~ <. , ~. .. @ ,~-Q-" ~..IlliIiiiIIil^ - - " ^ ~ -- -'"-'~'!iful~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03707 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEIFFER RICHARD E JR ET AL VS STEFANON DENISE MARIE DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STEFANSON DENISE MARIE the DEFENDANT , at 1949:00 HOURS, on the 2nd day of July , 2001 at 1855 LAMBS GAP ROAD MECHANICSBURG, PA 17055 by handing to DENISE M BTEFANSON 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 Affidavit Surcharge 18.00 7.15 .00 10.00 .00 35.15 So Answers: ~~~~~ R. Thomas Kline 07/03/2001 L PAUL JOHNSTON JR Sworn and Subscribed to before By: $~~~~ Deputy Sheriff . ~ me this /1 e day of qf,. 02-&0 I A.D. r C1~~tho~~~;:" /, ~ ~T" '.~ ......, __ 0;' '~_~ .~~ ".~ ~" '. ,,"," ,_J - "0_'_" '-~~'-':""Ilm!;i!J.*i'>-r.:i""');;'_"',,-, , ..' IN THE COURT OF COMMON PLEAS OFCUMBERLAWUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD E. PEIFFER, JR., PAMELA J.: REAGER and NATIONWIDE INSBRANCE . CO~~ANY, as subrogee of PlaintiffS: RICHARD E. PEIFFER, JR. and PAMELA' J. REAGER, : Plaintiffs, , File No. 01-3707 civil Term vs. DENISE MARIE STEFANON, Defendant. PRAECIPE .FOR .JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff/ItOOl!:Kitimt and against: Defendant Denise Marie Stefanon for want of failure to answer complaint ( X ) Assess damages as follows: Debt----------------------------------------------------- $ 14,578.70 Intei'est from --------- A tto rn ey' s Com miss io n ---------------------------.:--- TOT A L ----------------------------------------------- $ 14, 578 . 70 ( X) I certify that the foreJ!;oinJ!; 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 pruecipe for final judJ!;ment or decree), I certify that u copy of this pruecipe has been mailed to each other party who has appeured in the action or to his/her Attorney of Record. ( X) Pursuunt to Pa.R.C.P. 237.1, I certif)' thut written notice of the intent to file this praecipe was mailed or delivered to the purty uJ!;uinst whom jud!!:ment is to be entered and to his/her Attorney of Record, if any. ufter the default occurred and at leust ten days prior to the date . of the filinJ!; of this praecipe and a copy of the notice is attuched. DATE:.JtJ J(P I D:J.-. Si~nature: fJ1p;,j ~/U1?:~ttAMJ1) I'rint Name: Cheri Ann Lein er er, ~ire Attorney for:Plaintiffs Address: P.O. Box 1995 Allentown. PA 18105-1995 Telephone: (610) 437-5001 Supreme Court ID No.: 85700 NOW, ll-pn_-J..J Jet 2/)6;1.. , , lA ,.IUDGMENT IS ENTERED AS ABOVE. - (Rev.4/97) ...By: v~Q. 7?;b..!?/J-d. ~ Deputy -',", . ~ 0' ."11 '" CHERI ANN LEINBERGER, Esquir~ 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 RICHARD E. PEIFFER, JR., PAMELA J. REAGER and NATIONWIDE INSURANCE COMPANY, as subrogee of Plaintiffs RICHARD E. PEIFFER, JR. and J. REAGER, Plaintiffs, LAW No.: 01-3707 Civil Term vs. DENISE MARIE STEFANON, Defendant. TO DEFENDANT DENISE MARIE STEFANON: DECEMBER 20, 2001 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 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, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 BY: f!mAi tMuu ~tt:) CHERI ANN LEINBER ER, ESQU RE Ii ;.;~ . " .~'-- ~.. ~ , ... i _ __~' _ ,_,_0 = :- -"';julil!i '.Jit__M:- -- " IN THE COURT OF COMMON PLEAS OFCUMBERLAOOUNTY. PENNSYLVANIA CIVTt DIVISION RICHARD E. PEIFFER, JR., PAMELA J. REAGER and NATIONWIDE INSURANCE COMPANY, as subrogee of Plaintiffs RICHARD E. PEIFFER, JR. and PAMELA J. REAGER, Plaintiff(s) vs. DENISE MARIE STEFANON, File No. 01-3707 Civil Term : NOTICE OF FILING JUDGMENT Defendant(s): ( X ) NotiCe i~ !:ereby given that a . Judgment in the above captioned matter has been entered against ~ou in the amount of $14,578.70 on---1Jpll;l,;)'7 .n 2002 ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. By: If you have any questions regarding this Notice, please contact the filing party: NAME: CHERI ANN LEINBERGER, ESQUIRE ADDRESS: P.O. Box 1995 Allentown, PA 18105-1995 TELEPHONE NO. (610) 437-5001 (This Notice is give in accordance with Pa.R.C.P. 9 236.) il"'"!iL~w.;~ld.~rII,}'''''~'i-J1iki",,-,,-,',:~h,,i '." ,:!Ih'l'dil-;de<l!_' iJ'A'';'"U.o'j'" ,"-"" ,'~-,.. ,= - - _.~""~'-" -" -^ . <,"" "-, . "'";",,"'~~'-~"'1", -",,^,,,'-"2i'j.'I;cj;_.fii;:!.\ls.l*~l~\tll<tIM~~"""'I~<if,,,i?I;k.,*,,"';;hltJ~~1~~&$Ifu!@.M!li!~~!Iiliililiil:~@j~:'-"i'1 ., , ~ tv (,) ~ Il ~ 8 F , tv J..) ..t:: -u (") 0 0 j -t c: N '1 -.J ~ ~-"~ \' u ~~f~ );,. ~ -0 -,. R.r 0 92rt ;:;.;1 -,':; ~::-r.) "1"'- ~ f ~ ~$:~-,' ~v n1 'D t? ~ ~; c:~- ---:J _9 ,,<z.. ~~j .,.l;:" ;~lFi ::',) ~-'~rn ~ .c:::' :>: -I :rJ -:;, \0 -< ,-, , _:_, I ! i , I i I , i I i i - !j1