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HomeMy WebLinkAbout01-05431ARBITRATION -ASSESS. DAMAGES HEARING IS REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. By: L. Paul Johnston, Jr./Cheri Ann Leinberger I.D. No.: 68774/85700 Attorneys for Plaintiffs 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 DIVISION -LAW CHRISTOPHER AND DIANE DOLL, 7 Wooded Run Dr., Dillsburg, PA 17019 and NATIONWIDE INSURANCE COMPANY P.O. Box 2655, Hazrisburg PA 17105 Plaintiffs, vs. CORNEILLE VALME, 3505 Old Route 30, Unit 4, Orrtanna, PA 17353 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 aze 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 L ~ ., .._ _.~ ~ .. ARBITRATION -ASSESS. DAMAGES HEARING IS REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. By: L. Paul Johnston, Jr./Cheri Ann Leinberger I.D. No.: 68774/85700 Attorneys for Plaintiffs 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 DIVISION -LAW CHRISTOPHER AND DIANE DOLL, 7 Wooded Run Dr., Dillsburg, PA 17019 and NATIONWIDE INSURANCE COMPANY No.: Ol - s"y,3/ l.~cic C c ~ P.O. Box 2655, Harrisburg PA 17105 Plaintiffs, vs. CORNEILLE VALME, 3505 Old Route 30, Unit 4, Orrtanna, PA 17353 Defendant. COMPLAINT NOW COME the Plaintiffs, by and through their attorneys, L. Paul Johnston, Jr. and Cheri Ann Leinberger, and bring this civil action against the Defendant, Corneille Valme, upon a cause of action whereof the following is a statement: 1. Plaintiffs Christopher and Diane Doll are adult individuals residing at 7 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. (Hereinafter "Plaintiffs Doll") 2. Plaintiff Nationwide Insurance Company is an Insurance Company licensed to write policies of insurance in Pennsylvania by the Pennsylvania Insurance Cormnissioner with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 3. Defendant Corneille Vahne is an adult individual residing at 3505 Old ,~ Route 30, Unit 4, Orrtanna, Adams County, Pennsylvania 17353. (Hereinafter "Defendant Valme") 4. Plaintiff Nationwide brings this action as subrogee of Plaintiffs Doll, pursuant to its right of subrogation as contained in a motor vehicle liability policy issued to Plaintiffs Doll, which, at all times relevant hereto, was in full force and effect, and which right is also set forth in other writings between Plaintiff Nationwide and Plaintiffs Doll and also pursuant to Pennsylvania law. 5. On or about September 27, 1999, Plaintiffs Doll were the owners of a 1996 Jeep Grand Cherokee motor vehicle, which was being operated by Plaintiff Diane Doll, and which was stopped on the side of the ramp from Route 581 to Route 15 south, in Camp Hill, Cumberland County. (Hereinafter "the Doll vehicle") 6. At the date and time aforesaid, Defendant Valme was the owner and operator of a tractor trailer motor vehicle, which was traveling on the ramp from Route 581 to Route 15 south, in Camp Hill, Cumberland County. (Hereinafter "the Valme vehicle") 7. As Plaintiffs Doll operated the Doll vehicle, legally and with due and proper care, Defendant Vahne operated the Vahne vehicle in such a negligent and careless manner as to collide with the Doll vehicle, on the ramp from Route 581 to Route 15 south, in Camp Hill, Cumberland County, 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 Plaintiffs' behalf. 9. At the date and time said. collision took place, Defendant Vahne was an uninsured driver as is defined in the Motor Vehicle Financial Responsibility Law as is codified in 75 Pa. C.S.A. _ _ ~ __ _ v .u~ ._.:: 10. The said negligence and carelessness of Defendant Valme consisted of: A) Operating the Vahne vehicle at an excessive rate of speed under the circumstances; B) Failing to maintain the Valme vehicle under proper and adequate control; C) Failing to maintain an adequate and proper lookout for other vehicles; D) Failing to give due regard to the rights, safety, and position of the other users of the public streets, highways, and intersections; E) Being otherwise negligent; F) Otherwise, violating the laws of the Commonwealth of Pennsylvania relative to the operation and control of motor vehicles. 11. Solely as a result of the aforesaid collision, caused by the negligence and carelessness of Defendant Vahne, the Doll vehicle was damaged, the repair of which cost the Plaintiffs the sum of $6,097.26, which Plaintiffs now claim as damages. WHEREFORE, the Plaintiffs Christopher and Diane Doll and Plaintiff Nationwide hereby demand of the Defendant Corneille Vahne, the sum of $6,097.26, 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: lam'/.//GL /.~iGt~ ~-B~l,~(~-G~/(~ L. PAUL JOHNSTO , JR., ESQ~- CHERI ANN LEINBERGER, ESQUIRE Attorney I.D. # 68774/85700 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 AFFIDAVIT 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 aze 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. The reason this verification is made on Plaintiffs' behalf is because Plaintiffs were unable to come to Plaintiffs' Counsel's office in the time required for execution. SWORN TO AND SUBSCRIBET before me this i~th day of m~.e..t , 2001. ~~AA!~~Q~ ~i~.~rAQ~O'l-D~t Notazy Public ~~ My Commission Expires: ~~ ryq~~o~v~W~`a~q~ggngro 9 °9- ,r°I^~ ~N axlwtt rr~,~,y ~y~/~(A ~/bvn/ OS ~~r~i7i~l~l.C'l~ CHERI ANN LEINBER R, ESQ~UI Attorney I.D. No. 85700 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 {d ""' p~'3N~'ffit?tr'e~Rf'ffiA{NEk~xbiffie~roafifl:#?SS.e "' .. E.n u:*.'rv4s,3`4 9••;::~w:wa a .gym. n-.i'~y:~'.,e4.-dwxztla3 :` 'Itl114di~Mrit+A" .. ~~ 1//_ I~ (Y V ,w ~9. v i 1Oj ' (1 ^\ \l _~ 'ii [it r~,r, G r [x) ..a ~.-. Li _~T~ :.~ ~~ c ,S" 1.J ('a,! r~ ~I i __ -1- Cl ]~ _L1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLL CHRISTOPHER. ET AL V5 VALME CORNEILLE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: .VALME CORNEILLE but was unable Co locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 2nd 2001 this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 / Surcharge 10.00 R. Thomas Kline Dep Adams Co 34.80 Sheriff of Cumberland County .00 71.80 10/02/2001 L. PAUL JOHNSTON JR Sworn and subscribed//~~,,to before me this y t` day of (yc.~~ ~o-~~ A.D. Prothon ta~ In The Court of Common Pleas of Cumberland County, Pennsylvania Now, sept~nber 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Ad~ns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit. ®f Service Now, within upon at by handing to a aizd made known to So answers, the contents thereof. Sheriff of COSTS Sworn and subscribed before SERVICE me this day of , 20_ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the copy of the original DATE RECEIVED OATS PgCCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 - INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on Me reverse of the last (NO.5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN p~„a dn~q,~;by ropiec ~ACSO EalNil ief all copies. 1. PLAINTIFF/SI 2. COURT NUMBER CHRISTOPHER & DIANE DOLL and NATIONWIDE INSURANCE COMPANY 01-5431 Civil Term 3. DEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT: CORNEILLE VALME Co laint in-Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Corneille Valme 8. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 3505 OId Route 30, Unit #4, Orrtanna, PA 7. INDICATE UNUSUAL SERVICE: ^ PERSONAL O PERSON IN CHARGE O DEPUTIZE O CERT. MAIL O REGISTERED.MAIL ~ POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and. make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff lerying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notitying person of levy or attachment, whhout liability on the pan of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Cheri Ann Leinberger, Esq. ^ DEFIENDANT (610) 437-5001 rnvc occv~s rvn v c yr .ancnrrr vna. r - vv rrav r e~nr r c occvar r nr.~ cr ~c 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /Hearing date or complaint as indicated above. 15. I hereby CERTIFY and RETURN that I have personally served, O have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Pasting a TRUE and ATTESTED COPY therof: 16. O I hereby certify and retU'rn a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named abpve. (Sea remarks below) $1~ 17. Name and title of individual aervetl 18. A person of'sulteale age ono tlixretion Read OfdBr Gina Valme wife of Corneille Valme 'p"~~m~c~ o de1B0tlent~°°°°°I 19, Address of Where served (complete only if different then shown above) (Street or RFD, Apartment No., City, Boro, Twp., 28. Date of Service 21. Time State end ZIP CODE) 9/27/2001 8:50AM 22. ATTEMPTS Dale Mlle Dep.lnt. Date Mlles Dap.lnt. Date MHes Dap.lnt. Date Mlles Dep.lnt. Date' Miles Dep.lnt. 23. Advance Coals 24. 25. 26. 27. Total Costs 28. pD6Z~MBDA REFUND 10.00 Fin.SlTeri f X33995 $34.80 Pd. 10/1/0_1_'' 115J20 Ck. #6010 SO ANSWER. AFFIRMED end subscribed to before me this N A 9y Dep. Shedlq (Please Print ar Type) Date day of Beth Wildasin 9 27 2001 SigneNre of Sheriff ~ ~ Data RAYMOND W• NEWMAN 9 27 2001 ProthonotarylDepuryMOtery Publk sNERIFF OF aoaMS cOUNrr MY COMMISSION IXPIRES 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received OF AUTHORRED ISSUING AUTHORITY AND TITLE. PROTHONOTARY T--..,,~ ,, r„~-.~..~~ ~.~~~ ..gin ,_, , , SHERIFF'S RETURN CF SERVICE ( ) (1) The defendant by mailing to the within named -mail, return receipt requested, postage on the ( ) ( ) (5) a true and attes#ed copy thereof at The return receipt signed by _ defendant on the __ made a part of this return, J (2) Outside the Commonwealth, pursuant to Pa. and attested s;opy thereof at _.. is hereto attached and R.C.P. 405 (c) (1) .(2), by mailing a true in the fo0owing manner: ( ) (a} to the defendant by ( )registered ( )certified mai}, return receipt requested, postage prepaid, addressee only on the _ ___ _ ____ said receipt being returned NCIT signed 6y defendant, but with a notation by the Postal ~0.uthorities that Defendant refused to accept the same. The returned receipt anti enveiope is attached hereto and made a part of this return. And thereafter: { } (b) To the defendan4 by ordinary .mail addressed to defendant at same address, with the return address of thr=Sheriff appearing 4hereon, on the _____ __` ___ ____ I further certiify that after fifteen (15) days from the mailing date, I have not received said enveiope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. (3) By publication in the Adams County t.egat Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for_, _ __ _ successive weeks of __ ____ _ _ ____ _ ___ ~ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) By mailing to _ _ _ by__ mail, return receipt requested, postage prepaid, - on the ~- -- a true and attested copy thereof at __ _ __ The ~____returned by tfie Postal Authoritiesmerked~_ ~_~J is hereto attached. ~ as .,~~,. ,.~ -e~9#a~,~! ' ?~rfA-m;o-Ae~r ~n o-~'_~~:.. ,- . - ~ . _ rs<<~..,vp.. .. .._. ~.; ~:e ~n ar,,a5~i7-xd,ri~ DATE RECEIVED - PATE PRQCESSe+~ ~~uJ~ ~. ~ SHERIFF'S. DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSgURG; PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV $HERIFF'SERVICE THE SHERIFF" on the reyerse-of the last (NO.5) copy of this form. Please PROCESS RECEIPT -and AFFIDAVIT. OF RETURN type or pdnt fegimy, insuring readetrifiry of aH COpiea. s - po not detach any copies. ACSD ENV.# 1. PLAINTIFF/S/ 3. 4. TYPE OF WRIT SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. l.t'3Pf[01.~sC~' 1/?~.eTtL - 6. ADDRESS (Street or RFD, Apartment No., City, Baro, Twp., State and ZIP CODE) AT .SUS Jed ~;ou4e 3G, IJ~t3.t -u~~ vrrtanna;' LEA - 7 INDICATE UNUSUAL SERVICE ^ PERSONAL-^ PERSON IN CHARGE ^ DEPUTIZE ^ CERT. MAtL ^ REGISTERED MAIL ^ POSTED 1:] OTHER Now, , I, SHERIFF OF ADAMS COUNTY,'PA.; d6 hereby deputize the Sheriffbf County to execute this Writ and.Jrlake:.return therof according to law. This deputation being made at the request and risk of the plaintiff. - SHERIFF OF ADAMS COUNTY B. SPECIAL INSTRUCTIONS OR OTHER.INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same withouT a watchman, in custody of whomever is found in possession, agar notifying person of levy or attachment, wnhout liability do the part of such deputy or the sheriN to any plaintiff herein,for any loss, destruction or removalbf any such property before sheriN's sale thereof. - - 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE -- ~ PLAINTIFF - //\ ~ - - ,i92T'~ (~Cf37 L,21~°L°~El'y `L`,3Ct. ^~DEFENDANT . \~y~.E~I1 ~~/°S`V'~}I~ - PACE.BELOW FOR USE OF SHERIFF ANLY DO,NOT. RITE BELO- .THIS LINE ' 12. I acknowledge receipt df the writ SIGNATURE of..Autporiied ACSDDeputy orC(erk'dnd Llle -" - "f~`~e-s~€d 14. Expiration /Hearing date of comblaint as-(ndtcate,i above. ~ - ~ '`"= a~",G~~' ~-~ 15. I hereby CERTIFY and RETURN that I fl~,have personally served, ^ have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the abbve tlescritied property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted beloyr by handing/or Posting a TRUE and ATTESTED COPY therof. - tfi. rl I harebv caviar and return a NOT FOUND because 1 am-unable to locate the rntlividual. comoanv. corporalion. etc.. named above. (See remarks below) 17. Name and title of individual served - 19. A parson of suitable age and dlecretian Read Order ~ r. ~ ~° ° " ' Then residing in the OefenCant'e usual. ^ t P ~ ?31 [3d ~`~ i' kr ~ - "~ place.nl eb,Ma.^ 19. Address of where sanded (cemlilete onlyiP different thad Shown above) (Street br RFD; -Apartment No., Ciry, Boro,~Twp.; - - 20. Date of Service 21. Time State end ZIP CODE) - - - - - 22. ATTEMPTS Date Mlles Dap.lnt. Date Miles Dep.lnt. -Date Miles Dep.lnt. -Date Miles Dep.lnt. Date Mlles Dep.lnt. 23. Advance Coals 24. 25, ` 26. 27. Total Costs - - 28: Off,~~FT~Q~ REFUND ~. Fta.Staeri £ ~33g95 `~~a.8U Prl. 1G'1 0 "'115.2ti t~t:. ~~iJ1~ _-- '. r^1 SO ANSWEp. ~ AFFIRMED. and subscribed to before me this t1 r h ' # ~ ~ ~ _ p`..Sfiedlg 6 nt er Type) BY' ~ + ~ Date day Of ~ r -n` ., r;: •i '.. - ,..._ fi. Sgnefura of Sherlii - Date " PralMnoterylbepuryMplary Puelk ~',SNEF~IFF OF ACAMS COUNTY:; ~ MY COMMISSION EXPIRES - - IACKNOWLEDGE RECEIPT OF THE SHERIFF'S pETURN-SIGNATURE - 39. Date Received "- OFAUTHORIZED ISSUING AUTHORITY AND TITLE. - - <,r,.,.J~l y... ~HERI~F°$ FiEi"dDRi~f! ~~ ;SE~'Vltr~ ( ) (1) The within defendant by mailing to , the within named -- rnai6, return rea;ei pt requested, postage an the a true and attested copy thereof at __- The return receipt sBgned by _----------__..-- ------------_.--- defendant an khe -_--__--__.---_-_-- -----_._-- made apart E>f this return. ( } (2 } Outside the t~ommonweaith, pursuant to I'a. rl.~.p. 405 {c) and attested ropy thereof at _ __ - ____ - _ _ in the #ollowing manner: -~-- ------------ ----- --------- ---------------- -- ------ is frerE>to attached .anE4 fit} i2~, by mad7ing ac true ( } (a,! to the d€:fendant by { )registered ( 1 certifs'ed' ~asl, ret¢.arra rea°eipt regraestsd, postage pe•epaid, addressee: on3y on the _._.__.-..- --__.._-__- .-------__. _. said receipt being returned Vyi?T s'sgner„ by de€endan~t, but °Mitl~s ~ notation Iny ahe f'~:astai A.utherri'~!fes that Defendant: refusal to accept fibs same. ~l're ret~~rneal receipt ar:d envE6opE~ is atfaeheci frer°eta and made a part tr# this return. Arsd thereafta'r' { ) (bJ To the defrorvdant by ordinary mail addressed tr, defendant wrt sarna=. ;aeirQress, ~vitia 1P1E! return address of fhe :sheriff appearing threreon, ovt fhe _- 1 #urther certify that after #ifteera -"t 5) dag~~~~ from tyre ma816ng date; I have raot eece9ved said envEaopE; back from the postap Authorii"ies. ~", cer€ilarate i~ad nrail'lr~g Es hereta attara°rE:c9 ~€s3 a proof of mailing. { 3) By pubiicakion in the Adams County t.ega8 Journal, a weekly ppblicaiion ; f general circulation €n flee County of Adams, Eommonweaith of Pena~ssyi+rarda, arrd the taetrrysburg Times, a ~daiPy neudapaper published in the County of Adareis, ~Camn7oncuealtt~ ci~t pennsyl~~ssnta anrJ having iiener~a! oirculation in said Ooanty for---__-__-- ---____-- ----___-- SUCCE'SSIVE! web`lES of _ - - - -_.-.--_~_-__~_____.-_ _ _ __ _____-------_ -_~_ --_-_ ---i __ The Affidavits from said Adams County Legal .3ournal and betty s3aurg Tunes, are hereto attached and made part of th'ss returira. { 4) 8y mailing fo _--- --____-- --_-- _ _--- by _------ _--------mail, return receipt requested, postage prepaid, - ------------- on the ------------------ --- atrue and attested copy thereof at __ The Authorities marked is hereto attached. { 5) Ot~aer__-______ returned by the postaE - DATE RECEIVED - ~ DATE PROCESSED SHERIFF'S DEPARTN~ENT ADAMS COUNTY;-PENNSYLVANIA COURTHOUSE; GETT(X98URR, PA-17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE.OF PROCESS BV SHERfFF SERVICE 7HE SHERIFF" on the reverse of the last (No. 5) copy of this fdrm. Please RROGES$ RECEIPT, 8114 AFFIDAVIT OF RETURN typa'or pprrint legibly, •/n wring readability of-.all. copies. - Db not Uetach anycgpies. ACSD~ENV.X 1. PLAINT.IFF/S/ ~ ~ - 2.`000RT NUMBER , ~.E~:IS1J~t1F~2 c~ DIA~iE DO1J., sect E~ATIONWIDB IidSUitANCE COI~At*iY ~'01-5~r31 Civil Ter::r 3. DEFENDANNS/ - - ~ 4. TYPE OF WRIT OR-COMPLAINT: SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. {iOrCl~llle Val[Dt? _ .. 8. ADDRESS (Street orRFD, Apanment No., Ciry, Boro, Twp., State and ZIP CODE). _ AT 35fl5 tlld ItouCe 30, Unit a~4; Grrt:anna, f'A _,' . " 7 INDICATE IINIISt1Al SFRVicw n-PFRSnNAL.n PERSON IN CHARGE ^ DEPUTIZE ^ CERT: MAIL ^ REGISTERED MAIL ^ POSTED ^ OTHER Now, C , I, SHERIFF O'F AbAM$ OUNTY; A., do hereby`deputizt3 Yhe'Sheriff of ounty to execute this Writ and [nake„~eturn therof according fo law. This deputation being made at the request and risk of the plaintiff: ` SHERIFF OF ADAMS COUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXEGUTION: N.B.-WAIVER OF WATCHMAN-Any deputy sherig levying upon or attaching any property under within writ may leave same without a-watchman, in custody pf whomever is found in possession, otter notifying person of lery or attachment, without liability on the part of such tleputy or the sheriff to any plaintiM herein for any loss, destruction or removal of any such property before sherig's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 70. TELEPHONE NUMBER 11. DATE - - - PLAINTIFF (.t)L'rl Ai7fl L23. ~PgeY, EBE~f. _ ^ DEFENDANT-- . f ~j~©} C}3~-5QQ1 12. I acknowledge y@o@ipt dl the r/rh I'~SIGNATURE`ol Authorized ACSO'B@puty dr Clerk-Snd Title - - I 13, Date:Ei~'eivi3d „I 14. Expiration /Hearing tlate ar complaint as indicated above. II 7J -~- 15. 1 hereby CERTIFY end RETURN that I C~hav@ personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse) ^ have pasted the above Eescribetl property.whh the writ or complaint tlescribed on the individual, company, corporation, etc., at the address shown above or on the individual, comDany,: corporation, etc., at the address inserted below by handinglon Posting a TRUE and ATTESTED. COPY therof: i8. ^ I hereby certify end feturn:e NOT FOtiND~6eceuael am Unatilelo locate the individual, company. corporation. etc.. named abdve. (See remarks below) 17. Nerve end title of intlividual'served ta: A person of sukehle age end discretion Read Order e p t _ ulna Val e then raeiding m the tlelendenPS usual Place Pl ebotle.^ ^ 79. Atltlress gf'wliera-aetve0 (bbmplete only°if diBarent than`shown abdve) (S1re`et ar RFD, ApartmenPNO., City, Boro, Twp.,~ - ~ 20: Date of Service 21-. Time State and ZIP COOE) - - - - - /z7izo©1 ~:so»t 22. ATTEMPTS Data' -Mika- ~Dep,IM. Date Mllea Dep.lnt. Date- -Mlles Dep.int. Date Miles Dep.lnt. Date Mlles Dep.lnt. 23. Advance~GOats 24. - - 25. 26. 27, Total Costs 28:-~~s'~ttRR~REFUND ~•~ ~• £ ~~ 34.80 Pd. 10 1L01 $115:20 Gk. x`5010 - ~ SO ANSWER. AFFIRMED and subscribed to before me this -- ~: z` - - - ~, _ - BY ~ ...heril~ ( ~ t or TYPe) - ~ -Date - - day of B h `4' t. ~~ - ~,..: ~Signe~ire of Sfttiilfxw - Date PrmhmoterylDepuryMOtary PuNlc - - % x..~. v:. SHE19E`F-OF -AOAMR COUNTY; ~°' MY COMMISSION-EXPIRES - ,~ _ :,";" ,,, r ~ I ACKNOWLEDGE RECEIPT OF THE $NERIFF'S:RETURN SIGNATURE ~ - - ~ -' - 39. Date Received OF AUTNORI2EU ISSUING.AUTHORITV AND TITLE._ '- - , ,.~,r ~,,. lA43,~ .i ~ ~,,,.,.. , h~~~ ,am,.~~«, R4'H9 ~-mTi,6.moT+nrm'J[+5, ev=+.~.v. ,.~ ,qv _~,. .._~--. _.,..:._-_.-_. SYiERBF~'S RETURN l3F SERVICE { > (1)The upon______i ------.__--~- ~-- , the within named defendant; by mailing to _ ___._-_-_-___~_-____ b5' -_____- _________.-__._ mail, return receipt requested, postage .prepaid,-- --------- on the -------- ----- a true and attested copy thereof at ,__,_ ______ _ The return reoeipt signed by __-__--_____ defendant on the __ made a part of this return. (2) 'Oratsde the Commbhweilt#h, pursuant to Pa. and attested copy thereof at Is hereto attached and R.C.P, AQ5 (e) .(fj (?); by`rrtajtfnga free in the followisig manner: (a) to the defendant by { )registered { k oerfified mail, retie~rr~ receipt P'equested, postage prepaid, addressee only on the-_-------,--------_-__-- __-- sa:d receipt being returned NOT signed_by defendant, but with a notation fay the f~pstal Authorities that Defendant refused to accept the same. The returned .reoeipt and envelope is,attached Hereto and made a part of this return. And thereafter: {bj To the defendant by ordinary matt addressed to defendant at same address, with the return address of #h~e Sheri#f,appearing thereon, on the ___,______. _ I further certify 'that after fifteen (15) days from this matting date, !,have trot rece:hred said envelope back from the Postal Authorities. A oertili,cate of mailing i:: hereto attached as: a proof of mailing. ( ) (3) By:publication fin the Adams county Legal Journal, a weekmy publication cif s~eneral,cirrulation in the County of Adams, Commonwealth of Pennsylvania, end the taettysburg Times, a daily ne4/spaper published in the county of Adams, cornmonwe?ItM of Pennsylv,uni;i and having general'. circula4ion in said Countyfor_ ______`_.____.._._. _ successive weeks of _ _-_._._ - -- The`t~'Pfidavits frern said Adams County Legal-Journal and part pf thus return. ( ) (4) By mailing to_ by---- a true a'nd attested copy thereof at are hereto mail, return receipt requested, postage prepaid, on 4he The returned by the Postal Authorities marked' ________ ___ -_ is hereto attached. ~- ( ,) (5) Other _ ~~ ,_ _ ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER and DIANE DOLL, Plaintiffs NO.O1-5431 CIVIL TERM vs. CORNEILLE VALME, Defendant ANSWER TO COMPLAINT ANb NOW, comes the Defendant, Corneille Valme, by and through his Counsel, Gregory H. Knight, Esquire, to answer the Complaint filed against him as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Paragraph 4 is a conclusion of law to which no answer need be filed. To the extent that an answer is required Paragraph 4 is denied and strict proof thereof is demanded at trial. 5. Admitted and denied. Admitted that the motor vehicle operated by Plaintiff Diane Doll was stopped on the side of the ramp from Route 581 to Route 15 South in Camp Hill, Cumberland County. The remainder of Paragraph 5 is denied as the Defendant is without sufficient information to judge the accuracy of that portion of Paragraph 5. 6. Denied. Mr. Valme was the owner and operator of the tractor but not the trailer he was pulling at the time of the accident. 7. Denied. Paragraph 7 is a conclusion of law to which no answer need be filed. In addition, Plaintiff Diane Doll was not operating her vehicle and, at the time of the accident, upon information and belief, her vehicle was stopped due to an emergency. 8. Denied. Paragraph 8 is a conclusion of law to which no answer need be filed. To the extent an answer is required, Pazagraph 8 is denied and strict proof thereof is demanded at trial. 9. Denied. Paragraph 9 is a conclusion of law to which no answer need be filed. To the extent an answer is required, Pazagraph 9 is denied and strict proof thereof is demanded at trial. 10. Denied. Paragraph 10 and all subparagraphs A, B, C, D, E, and F aze conclusions of law to which no answer need be filed. To the extent an answer is required to Pazagraph 10 and/or any subparagraph, each is specifically denied and strict proof thereof is demanded at trial. 11. Denied. Paragraph 11 is a conclusion of law to which no answer need be filed. WHEREFORE, the Defendant requests that this Court deny Plaintiffs' claim and award judgment to the Defendant with such additional relief as the Court may deem appropriate. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT By: ~ ~ ` ~ ~~ Gregory .Knight, Esquire Attorney I.D. No. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant F:\User Folder\Fi~m DOCS\Gendacs2001\2492-IAnawer.wpd VERIFICATION I verify that the statements set forth in the attached Answer to Complaint aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: o p _~. / Co?neille Valme IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER and DIANE DOLL, Plaintiffs NO. 01-5431 CIVIL TERM vs. CORNEILLE VALME, Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Answer on the person and in the manner indicated below: Service by United States First Class Mail, postage prepaid, addressed to: L. Paul Johnston, Jr., Esquire Cheri Ann Leinberger, Esquire 1144 West Hamilton Street P.O. Box 1995 Allentown, PA 18105-1995 Date: December 5, 2001 Respectfully submitted, '~j ~ t. By: ~/ `' Gregory H. 'ght Esquire Counsel for Defendant Corneille Valme 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 __ .n=' N~s~~ -.. , a,,.~...f~~~~~~~.a..n<ttaw~z~~r~ -' ~ ' - Ca i_ C, b ~r, ,,:;<, ~ ~ ~ ~ , , ; - _ ~_ , _ ,~ ~ r'J ~~) '-i ~ `~ ~~" i> '`~ CJ f11 ` ~ J ~i .~ ~$ -I-~ ~J IN THE COURT OF COMMON PLEAS OY~UMBERLAN~AUNTY, PENNSYLVANIA CIVIL DIVISION CHRISTOPHER AND DIANE DOLL and NATIONWIDE INSURANCE COMPANY, Plaihtiffs, Vs. CORNEILLE VALME, Defendant. FILE NO. 01-5431 Civil Term CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION CLERK OF COURTS - CIVZL DIVISION You are hereby authorized, empowered, and dii~cted to enter, as indicated, the following on the records thereof: The within suit is Settled, Discontinued, Ended and costs paid. x The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of judgment, with interest and costs, in the within matter is acknowledged. OTHER: DATE: `"~ ~ ~ `- By: _ L. P T Att for COST PAYMENT VERIFICATION I THAT THE ABOVE BE ~, JR., ESQUIRE aintiffs UNTIL --S~nature ~) c~? C: G. ~V -, . :n 'Y7 C1' ;T5 m n-. --ci ~~ . ~ ~ i_ . 1 M1 1.1 .. v~~i. ~. s` ~~M1 '1 G: 7 J F a t"; ~~