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Home My WebLink About02-4178L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 1144 W. Hamilton St., P.O. Box 1995 Mlentown, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - LAW JOHN HERD, 115 North 30th Street, Camp Hill, PA 17011 and NATIONWIDE INSURANCE COMPANY P.O. Box 2655, Harrisburg, PA 17105 as subrogee of Plaintiff John Herd Plaintiffs VS. JEFFREY S. MILLER, 102 Limestone Drive Camp Hill, PA 17101 Defendants. 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 L. PAUL JOHNSTON, JR., ESQUIRE Attorney for Plaintiffs Attorney I.D. # 68774 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 JOHN HERD, 115 North 30th Street, Camp Hill, PA 17011 and NATIONWIDE INSURANCE COMPANY P.O. Box 2655, Harrisburg, PA 17105 as subrogee of Plaintiff John Herd Plaintiffs VS. JEFFREY S. MILLER, 102 Limestone Drive Camp Hill, PA 17101 Defendants. COMPLAINT NOW COME the Plaintiffs, by and through their attorney, L. Paul Johnston, Jr., and bring this civil action against the Defendant, Jeffrey S. Miller, upon a cause of action whereof the following is a statement: 1. Plaintiff John Herd is an adult individual residing at115 North 30th Street, Camp Hill, Cumberland County, Pennsylvania 17011. (Hereinafter "Plaintiff Herd") 2. Plaintiff Nationwide Insurance Company, with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105, is registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage for a variety of different risks. (Hereinafter "Plaintiff Nationwide") 3. Defendant Jeffrey S. Miller is an adult individual residing at 102 Limestone Drive, Camp Hill, Cumberland County, PA 17101. (Hereinafter "Defendant Miller") 4. Plaintiff Nationwide brings this action as subrogee of Plaintiff Herd, pursuant to its right of subrogation as contained in a motor vehicle liability policy issued to Plaintiff Herd, which, at all times relevant hereto, was in full force and effect, and also pursuant to other writings and releases between the Plaintiffs, and also pursuant to Pennsylvania law. 5. On or about April 29, 2001, at or about 10:51 p.m. Plaintiff Herd was the owner and operator of a 1997 Chrysler Sebring motor vehicle which was traveling west on Simpson Street at or near the intersection with Norway Street in Mechanicsburg, Cumberland County, Pennsylvania. (Hereinafter "the Herd vehicle") 6. At the date and time aforesaid, Defendant Miller was the owner and operator of a 1989 motor vehicle, with a vehicle identification number of 1G2HX54C5KW270913, which was traveling east on Simpson Street approaching the intersection with Norway Street in Mechanicsburg, Cumberland County, Pennsylvania. (Hereinafter "the Miller vehicle ") 7. As Plaintiff Herd operated the Herd vehicle, legally and with due and proper care, Defendant Miller operated the Miller vehicle in such a negligent and careless manner, while intoxicated and while using a cellular phone, such that he crossed the center line and collided with the Herd 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 Plaintiffs' behalf. 9. At the date and time said collision took place, Defendant Miller was an uninsured driver as is defined in the Motor Vehicle Financial Responsibility Law as is codified in 75 Pa. C.S.A. COUNT I - PROPERTY DAMAGE JOHN ~4]Z. RD AND NATIONWIDE INSURANCE COMPANY AS SUBROGEE OF PLAINTIFF JOHN HERD VS. JEFFREY S. MILLER 10. Plaintiffs hereby incorporate by reference paragraphs 1-9 of the within Complaint as if the same were more fully set forth at length herein. 11. The said negligence and carelessness of Defendant Miller consisted of: A) Operating the Miller vehicle at an excessive rate of speed under the circumstances; B) Failing to maintain the Miller vehicle under proper and adequate control; C) Failing to maintain an adequate and proper lookout for other vehicles; D) Operating the Miller vehicle while intoxicated; E) Operating the Miller vehicle while using a cellular phone; F) Operating the Miller vehicle outside of its designated lane of travel; G) Being otherwise negligent; H) Otherwise, violating the laws of the Commonwealth of Pennsylvania relative to the operation and control of motor vehicles. 12. Solely as a result of the aforesaid collision, caused by the negligence and carelessness of Defendant Miller, the Herd vehicle was rendered a total loss, the fair market replacement value of which cost the Plaintiffs the sum of $13,784.39, which Plaintiffs now claim as damages. WHEREFORE, the Plaintiffs hereby demand of the Defendant Jeffrey S. Miller, the sum of $13,784.39, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. ted ~: ×¢^~.~s~om, ~., ~ Attomey~i~r Plaintiffs Attor~ I.D. No.: 68774 I4~W~. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS.: COUNTY OF CUMBERLAND : I, L. PAUL JOHNSTON, JR., 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 made due to the unavailability of Plaintiffs to appear and sign the verification at Plaintiffs' counsel's office in the time required for filing and can be replaced with a verification signed by the actual Plaintiffs upon written request to Plaintiffs' counsel. SWORN TO AND SUBSCRIBED before me this c~ th day of ~o~7%~ , 2002. Notary Public My Commission Expires: L .~,'JR., ESQUIRE Attorney rTEE-No. 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 City Of Nlerew~, Lel~igh Coor~ My Commission Expires .a~. 15, 2006 SHERIFF'S RETURN - CASE NO: 2002-04178 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERD JOHN ET AL VS MILLER JEFFREY S REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER JEFFREY S the DEFENDANT at 1000:00 HOURS, at 102 LIMESTONE DRIVE on the 6th day of ~eptember, 2002 CAMP HILL, PA 17011 LYNN JOHANSON, GIRLFRIEND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~er attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 18.00 Service Affidavit 9.66 ~~r~- .00 Surcharge 10.00 R. Thomas Kline .00 37.66 09/09/2002 L PAUL JOHNSTON~R By: ~eriff Sworn and Subscribed to before me this /3~ _ day of _ ~/~Z~ ~ _~2~ A.D. / P~rotho~0tar~ ' o. IN THE COURT OF COMMON PLEAS Oi~u~:~L.'-~.~OUNTY, PENNSYLVANIA CIVIL DIVISION JOHN HERD and NATIONWIDE INSURANCE: COMPANY, as subrogee of ~laintiff . JOHN HERD, : -' Plaintiffs, vs. : ' File No. JEFFREY $. MILLER, : Defendant. : 02-4178 Civil Term PRAECIPE .FOR JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Enter Judgment in favor of Plaintiff/l~4~tf~l~.+ and against: Defendant J~ffre~; S. Miller forwantoffailure to answer Compl9int (X) Assess damages as follows: Debt, Interest from Attorney's Commission TOTAL , $13,784.39 $'13,784.39 (X) I certify that the foregoing assessment of damages i's fOrspeeifiedam0unts 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 prnecipe for final judgment or decree), I certify that a copy of this prnecipe has been mailed to each other.partY who Ires appeared' in the action or to his/her Attorney of Record. ( x ) Pursuant to Pa.R.C.P. 237.1, ! certify that written notice of the intent to file this praecipe was mailed or delivered to the part).' against whom judgment is to be entered and to his/her Attorney of Record, if any,. after the defauit occurred and_ at least--prior to the date attache~. of the filing of this praecipe and a copy of the notice is DATE: [ -c Signature: Print Name: Attorney f'or: Plaintiffs Address: P.O. Box 1995 Allentown, PA Telephone: (610) 437,5001 Supreme Court ID No.: 68774 JR., Esquire 18105-1995 NOW, (Rev.4/97) , JUDGMENT IS ENTERED AS ABOVE. ( Deputy L. Paul Johnston, Jr., Esquire Attorney I.D. No. 68774 1144 West Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JOHN HERD and NATIONWIDE INSURANCE : COMPANY, as subrogee of Plaintiff : No.: 02-4178 Civil Term John Herd, : Plaintiffs, : JEFFREY S. MILLER, Defendant, DEFENDANT JEFFREY S. MILLER: October 2, 2002 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013/~~ 717-249- 6 ./{ j 800-990-9108 ~ BY:L- ~/J~~STON, JR., ESQUIRE JOHN HERD and NATIONWIDE INSURANCE : COMPANY, as subro~ee of Plaintiff ~OHN HERD, : JEFFREY S. Plaintiff(s) : VS. : FileNo. 02-4178 Civil Term MILLER , : Defendant(s): NOTICE OF FILING JUDGMENT ( X NotiCeis hereby giventhata~ in the above captioned matterhas been entered againstyouintheamountof $13,784.39 °n-ffZ ,1 oo2 ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. If you have any questions regarding this Notice, please contact the filing party: / NAME: L. Paul Johnston, jg., Esqui,e ADDRESS: p.0. sox 1995 Allentown, PA 18105 TELEPHONE NO. ( 61 o ) 437-5001 (This Notice is give in accordance with Pa.R.C.P. § 236.)