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Home My WebLink About01-5431ARBITRATION - 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, Harrisburg 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 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 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 P.O. Box 2655, Harrisburg PA 17105 Plaintiffs, VS. CORNEILLE VALME, 3505 Old Route 30, Unit 4, Orrtanna, PA 17353 : Defendant. COMPLAINT No.: 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 Commissioner with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 3. Defendant Corneille Valme is an adult individual residing at 3505 Old Route 30, Unit 4, Orrmnna, 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 fi.om 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 fi.om 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 Valme operated the Valme vehicle in such a negligent and careless manner as to collide with the Doll vehicle, on the ramp fi.om 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 Valme 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 Valme consisted of: A) Operating the Valme 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 imersections; E) Being otherwise negligem; 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 Valme, 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 Valme, the sum of $6,097.26, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. By: RESPECTFULLY SUBMITTED LAW OFFICES OF L. PAUL JOHNSTON, JR. L. PAUL JOHNSTON', JR., ESQ~JIRE 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 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. 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 SUBSCRIBED before me thislTth day of ~)0.~'n~ ,2001. Notary Public My Commission Expires: CHERI ANN LEINBER~3/ER, ESQUI~E Attorney I.D. No. 85700 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 43%5001 SHERIFF'S RETURN - CASE NO: 2001-05431 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLL CHRISTOPHER ET AL VS VALME CORNEILLE OUT OF COUNTY 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: oVALME CORNEILLE but was unable to locate Him in his bailiwick. deputized the sheriff of ADAMS County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On October 2nd , 2001 , this office was in receipt of the attached return from ADAMS Sheriff,s Costs: Docketing Out of County Surcharge Dep Adams Co 18.00 9.00 10.00 34.80 .00 71.80 10/02/2001 L. R/Thomas Klin~ r Sheriff of Cumberland County PAUL JOHNSTON JR Sworn and subscribed to before me this ~C~ day of ~ / / Prothon6t~r~ In The Court of Common Pleas of Cumberland County, Pennsylvania Christopher Doll et al VS. Corne~e Valme SERVE: same No. 01 5431 civil NOW, September 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof AdamsCounty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within Affidavit of Service , 20__, at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17323 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN typo or print legibly, insuring readability of all copies. DO not detach any copies. AC~D ENV.# 1. PLAINTIFF/S/ 2. COURT NUMBER CHRISTOPHER & DIANE DOLL and NATIONWIDE INSURANCE COMPANY 01-5431 Civil Term I4. TYPE OF WRIT OR COMPLAINT: Complaint in Civil Action 3. DEFENDANT/S/ CORNEITLE VALME SERVE 5. NAME OFINDIVIDUAL, COMPANY, CORPORATION, ETC.,TOSERVICEORDESCRIPTION OFPROPERTYTOBELEVlED, AWACHEDORSOLD. Gorneille Valme 6. ADORESS (Street o~ RFD, Apartment NO., City, Boro, Twp., State and ZIP CODE) AT 3505 Old Route 30, Unit #4, Orrtanna, PA 7. iNDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [] 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 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST tN 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, after notifying porson of levy or attachment, without liability on the part 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. SISNATURE of ATTORNEY or uther ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE '~ PLAINTIFF Cheri Ann Leinberger, Esq. [] DEFENDANT (610) 437-5001 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 12.Cfi acknowhadgecomplaint asreceiPtindicated of theabove,Writ SIGNATURE of Authorized ACSD Deputy or Ciork and Title 13. Date Received 14. Expiration ! Hearing date 15. I hereby CEITrlFY and RETURN that I I~have personally served, [] have served person in charge, [] have legal evidence of sewice es shown in "Remarks" (on reverse) [] have posted the above de~crlbod property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporetio~, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual sewed 18. A per, on ct ~uitable age and discretion Read Order the,~ m~iding in the defendant's usual Gina Valme, wife of Corneille Valme ~.~ [] 19. Address of wh~-e ~erved (comptete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 22. A'IFrEMPT~ Date Mlle~ Dap. Int. Date Mlle~ Dap,Int. Date Mil# DOp,lnt, Date Mlfo~ De 20. Date of Service 21. Time 9/27/2001 8: 50AM Int. Date M ~ Dop.lnt, 28. ca~[~B-]~j~ REFUND ~115.20 Ct<. #6010 AFFIRMED and subocribed to before me this day of Beth Wildasin Signature of 8hedlf ~27/2001 SHERIFF OF ADAM~ COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN 81QNATURE 39. Date Received OF AUTHORIZED ISSUING AUI~IORITY AND TITLE. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER and DIANE DOLL, Plaintiffs VS. CORNEILLE VALME, Defendant NO. 01-5431 CIVIL TERM ANSWER TO COMPLAINT AND 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. AdmiRed 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, Paragraph 8 is denied and strict proof thereof is demanded 9. Denied. Paragraph 9 is a conclusion of law to which no answer need be filed. To the extent an answer is required, Paragraph 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 are conclusions of law to which no answer need be filed. To the extent an answer is required to Paragraph 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 Gregory vt. Knignt, EsqUire Attorney I.D. No. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendant VERIFICATION I verify that the statements set forth in the attached Answer to Complaint are 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 unswom falsification to authorities. Corneille Vaime IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER and DIANE DOLL, Plaintiffs VS. CORNEILLE VALME, Defendant : NO. 01-5431 CIVIL TERM 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, BY: ~eg~o' '~. ,fy H. Rnig~ht Esqu~ke ' ~//~ Counsel for Defendant Corneille Valme 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 IN THE COURT OF COMMON PLEAS OFCUMBERLAN~OUNTY~ PENNSYLVANIA CIVIL DIVISION CHRISTOPHER AND DIANE DOLL and : NATIONWIDE INSURANCE COMPANY, : FILE NO. 01-5431 Civil Term Plaintiffs, : Vs. ' CORNEILLE VALME, : Defendant. : : CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO: CLERK OF COURTS - CIVIL DIVISION You are hereby authorized, empowered, and dissected to enter, as indicated, the following on the records thereof: The within suit is Settled, Discontinued, Ended and costs paid. 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 DATE: matter is acknowledged. OTHER: COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID~ INCLUDING SHERIFF'S COSTS; VERIFY THAT ALL COSTS HAVE BRRN PAID. I UNDERSTAND THAT FALSE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SEC. FALSIFICATION TO AUTHORITIES. HEREIN ARE MADE ~_~.:.'~ ,~0 UNSWORN -~--i~nature