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Home My WebLink About05-5309PAUL J. NEW-DAY Plaintiff V. VERNA ETHEL ESTEP and HARLEY ESTEP Husband and Wife, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. ??45 5361 CIVIL ACTION - LAW 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en [as siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted faila de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. THE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Kathryn L. Wix, Esquire ID#92944 Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0,:5-S309' Ou-<-j -7;1-- VERNA ETHEL ESTEP and HARLEY ESTEP Husband CIVIL ACTION -LAW and Wife, Defendant COMPLAINT AND NOW, here comes the Plaintiff by and through his attorneys Wix, Wenger & Weidner and sets forth the following: 1. The Plaintiff is an adult individual residing at 2468 Bachmanville Road, Hershey, Pennsylvania 17033. 2. The Defendants, Verna and Harley Estep, husband and wife, are adult individuals residing at 4708 Dellbrook Road, Mechanicsburg, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about October 18, 2004 at approximately 3:30am on the Carlisle Pike at Kost Road, Mechanicsburg, Pennsylvania. 4. At the time and place aforesaid, Plaintiff was the owner and operator of a 1997 Ford Ranger which was then and there stopped at a red light on the Carlisle Pike at Kost Road. 5. At the time and place aforesaid, Defendant Verna Estep was the operator of a 2004 Chevrolet Malibu, owned by her husband Defendant Harley Estep, which was then and there traveling on the Carlisle Pike towards Kost Road. 6. Defendant Verna Estep failed to bring her vehicle to stop at the red light on the Carlisle Pike at Kost Road and rear ended the Plaintiffs vehicle while it was stopped at the red light causing the damages hereinafter related. 7. Defendant Verna Estep was negligent in that she: (a) Failed to keep a proper lookout for other vehicles; (b) Failed to maintain control over her vehicle; (c) Failed to bring her vehicle to a stop at a red light without striking the Plaintiffs vehicle; (d) Failed to operate her vehicle in a safe manner; and (e) Operated a vehicle without the required financial responsibility. 8. Defendant Harley Estep was negligent in that he: (a) Failed to have his vehicle insured as required by Pennsylvania's Motor Vehicle Financial Responsibility Law; and (b) Allowed his vehicle to be operated without the required financial responsibility. 9. Solely as a result of Defendants' negligence Plaintiff sustained damages to his vehicle in the amount of Four Thousand One Hundred Ninety-Four and 03/100 ($4194.03) Dollars. WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in an amount not in excess of mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER By ` Kathryn L. Wix, squire 1 92944 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Dated: VERIFICATION I, Paul J. New-Day, 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 attorneys for the party or parties hereto. This verification is made subject to the penalties of 18 PA C.S. Section 4904, relating to unswom falsification to authorities which provides that, If I knowingly made false averments, I may be subject to criminal penalties. Dated: Z//L/- CT Paul'J. New-Day 0 <? ^? ..., ?_.? ? ?, ?, _ ? ?? - , ? ?? ? . ,- =? , ? ", ?; ' .? ? ? ? ? L s ;"' r a SHERIFF'S RETURN - REGULAR CASE NO: 2005-05309 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW-DAY PAUL J VS ESTEP VERNA ETHEL ET WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ESTEP VERNA ETHEL DEFENDANT was served upon the at 2018:00 HOURS, on the 12th day of October , 2005 at 4708 DELLBROOK ROAD MECHANICABURG, PA 17055 by handing to HARLEY ESTEP, ADULT IN CHARGE 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 18.00 Service 11.52 Postage .37 Surcharge 10.00 .00 39.89 Sworn and Subscribed to before me this y day of 1 yci 2.00_ A. D. Prat-hoi ota So Answers: R. Thomas Kline 10/24/2005 WIX WENGER WEIDNER ?h By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05309 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW-DAY PAUL J VS ESTEP VERNA ETHEL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ESTEP HARLEY the DEFENDANT , at 2018:00 HOURS, on the 12th day of October , 2005 at 4708 DELLBROOK ROAD MECHANICSBURG, PA 17055 HARLEY ESTEP by handing to 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 So Answers: 6.00 s ` f i.r 00 rri 00 10.00 R. Thomas Kline nn Sworn and Subscribed to before me this Y' day of A.D. ro o to 10/24/2005 WIX WE NGER WEIDNER By: -'Deputy Sheriff PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA a5- 5 309 V. NO. 2805-58671-CIVIL VERNA ETHEL ESTEP and CIVIL ACTION - LAW HARLEY ESTEP, husband and wife, Defendants PRAECIPE TO: PROTHONOTARY Please enter default judgment against Defendants Verna Ethel Estep and Harley Estep in the amount of $4,194.03, plus interest and costs of suit. Respectfully submitted, WIX, WENGER & WEIDNER By ?.. Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 04/15/2008 PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 05 - 53tWq V. NO. 29G5-5397-CIVIL VERNA ETHEL ESTEP and CIVIL ACTION - LAW HARLEY ESTEP, husband and wife, Defendants IMPORTANT NOTICE TO: Verna Ethel Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 DATE OF NOTICE: February 15, 2008 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: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 WIX, WENGER & WEIDNER By - Z-C- ?,k k - W Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2008, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Assessment of Damages this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Verna Ethel Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 WIX, WENGER & WEIDNER -14 a??C= C4-? Gaye Cris le ...R PAUL J. NEW-DAY, Plaintiff V. VERNA ETHEL ESTEP and HARLEY ESTEP, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DS-S3o9 NO. 209 IVIL CIVIL ACTION - LAW NOTICE OF ASSESSMENT OF DAMAGES TO: Verna Ethel Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 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 judgment 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 Praecipe with the Prothonotary. Respectfully submitted, WIX, WENGER & WEIDNER By_ &cw- k 4 til x Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 2/15/2008 r 'Ift CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2008, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Assessment of Damages this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Verna Ethel Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 WIX, WENGER & WEIDNER Gaye Cris d PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 05 - 53?' V. NO. 2096-830?--CIVIL VERNA ETHEL ESTEP and CIVIL ACTION - LAW HARLEY ESTEP, husband and wife, Defendants IMPORTANT NOTICE TO: Harley Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 DATE OF NOTICE: February15, 2008 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: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 WIX, WENGER & WEIDNER By C- +`- W Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 i ,r CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2008, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Default this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Harley Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 WIX, WENGER & WEIDNER Gaye Crist i. PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA D6- 63c? V. NO. 285-?7-CIVIL VERNA ETHEL ESTEP and CIVIL ACTION - LAW HARLEY ESTEP, husband and : wife, Defendants NOTICE OF ASSESSMENT OF DAMAGES TO: Harley Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 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 judgment 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 Praecipe with the Prothonotary. Respectfully submitted, WIX, WENGER & WEIDNER By_ S'G k W Richard H. Wix, Esq., ID #07274 Attorneys for Plaintiff 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 2/15/2008 i• CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2008, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiff, hereby certify that I served the within Notice of Assessment of Damages this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Harley Estep 4708 Dellbrook Road Mechanicsburg, PA 17055 WIX, WENGER & WEIDNER Gaye Crist PAUL J. NEW-DAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 06- 53(A V. NO. 2085 536 -CIVIL VERNA ETHEL ESTEP and CIVIL ACTION - LAW HARLEY ESTEP, husband and wife, : Defendants COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF DAUPHIN ) 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 notice of default judgment and notice of assessment of damages were mailed to Verne Ethel Estep and Harley Estep, in accordance with Pennsylvania Rules of Civil Procedure 237.1 and 1037. '?c ?- -k - ?? Richard H. Wix, Esquire Sworn to and subscribed before me this i S"tday of , 2008 Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Sed Gaye L CrL% Notary Public LOW Pardon Up., Dauphin County LIV Ccmmiseion Expires Apr. 18, 2009 Member, Pennsylvania Association of Nohries c- gym:, Crl? ?s ?? 77 ,;tea . PAUL J. NEW-DAY, Plaintiff PENNSYLVANIA V. VERNA ETHEL ESTEP and HARLEY ESTEP, husband and wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, 05- 5309 NO. 2905 530; CIVIL ACTION - LAW To Verna Ethel Estep and Harley Estep, Defendant(s) You are hereby notified that on 4116108 the following Judgment has been entered against yodin he above-captioned case Default Judgment in the amount of $4,194.03 plus interest *d costs. i DATE: to / Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Verna Ethel Estep Harley Estep 4708 Dellbrook Road 4705 Dellbrook Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 A Verna Ethel Estep and Harley Estep, Defendido/a Defendidos/as Por este madio se le esta notofocando que el de del el/la siguiente (Orden) (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifio que la siguiente direccion es la del defedido/a segun indicada en al certificado de residencia: Verna Ethel Esters 4708 Dellbrook Road Mechanicsburg, PA 17055 Harley Estep 4705 Dellbrook Road Mechanicsburg, PA 17055 Abogado del Demandante PAUL J. NEW-DAY, Plaintiff V. VERNA ETHEL ESTEP and HARLEY ESTEP, husband and Wife, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5309 CIVIL CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF DAUPHIN ) 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 the judgment entered to the above-captioned matter was due to a motor vehicle accident occurring on or about October 18, 2004. Richard H. Wix, Esquire Sworn to and subscribed before me this J) 5 day of k-113- , 2009 LO Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAYE CRIST, Notary Public City of Harrisburg, Dauphin County conxnrssion Expires April 18, 2013 op Ti-'a F- 2009 JUL 22 PM 2: 5 f Cwr PEN,NSYL'V.4N!A *5.Oo P4 ATW CO 3(05 1 u"aa83' o