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HomeMy WebLinkAbout00-03426 ~ ~~ - ~~ . .~~-,- , ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 Plaintiff (s) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Shelby Insurance Companies 3760 River Run Drive Bi~ingham, AL 35243 DIVISION : VS. TERM Defendant(s) NO. DO -.3'tJ..~ C;u~ll~ Bruce A. Purvis 37 Mary Street Naughton, ON POMZMO : AND Naughton Service Centre 1975 Regional Road Nauqhton, ON POMZMO : 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 judgement 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 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. Lawyer Reference Service for Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -._,,--\., ,,--.. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 SUITE 107, 905 W. SPROUL ROAD SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. TERM, 2000 NO. (r(J - .3 <j U. &;;;J -r ~ : BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO CIVIL ACTION AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO : COMPLAINT ~he Plaintiff, Shelby Insurance Companies, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Companies is a Corporation authorized to do business in the Commonwealth of pennsylvania, having an office at 3760 River Run Drive, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Kenneth D. Ankabrant (herein the "Insured") under a policy of automobile insurance # R0752472, issued by Plaintiff. 2. The Defendant, Bruce A. Purvis, is an individual residing at 37 Mary Street, Naughton, ON POMZMO. '., '-, .. ,0 ,--. 3. The Defendant, Naughton Service Centre, is a Corporation organized under the laws of Canada, authorized and doing business in the Commonwealth of Pennsylvania, having an office at 1975 Regional Road, Naughton, ON POMZMO. 4. On or about the 25th day of April, 1999 at about 1:15 p.m. a motor vehicle owned and operated by the Insured, Kenneth D. Ankabrant was traveling in a northerly direction of Interstate 81, in the Township of Sliver Springs, Cumberland County, Commonwealth of pennsylvania. A truck owned by the Defendant, Naughton Service Centre, and operated by the Defendant, Bruce A. Purvis, was traveling in front of the insured's vehicle with a sandblaster in the bed of the truck. As the vehicles traveled along 181, the sand blaster which was not tied down came off the back of the truck onto the roadway. The Plaintiff swerved to miss the machine on the roadway and was hit from behind by a tractor trialer causing the injuries hereinafter set forth. 5. At all times hereinafter mentioned the Defendant, Bruce A. purvis, was the agent, servant, workman or employee of the Defendant, Naughton Service Centre, then and there engaged in the busines8.of the Defendant, Naughton Service Cel1tre, within the scope of employment. 6. Plaintiff avers that the motor vehicle of the Insured was 2 'i -,'j .... ',',,"';; "'n damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Four Thousand Five Hundred Three and 00/100 ($4,503.00) Dollars. COUNT I Shelby Insurance Companies v. Bruce A. Purvis 7. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 6 inclusive as fully as though the same were herein set forth at length. 8. The said occurrence was due to the negligence of the Defendant, Bruce A. Purvis, individually and as an agent, servant, workman, and employee of the Defendant, Naughton Service Centre, in that he: a. did fail to have his motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; c. did fail to apply his brakes in time to avoid the collision; d. did fail to obey stop signs and yield signs; e., did fail to observe Plaintiff's vehi.cle in accordance with existing traffic conditions and traffic controls; g. did permit or allow his vehicle to strike and collide with the automobile operated by Plaintiff; 3 h. did fail to exercise the degree of care required of a motorist merging into other lanes of traffic; i. did fail to drive at a speed and in a manner that would allow him to stop within the assured clear distance ahead; j. did fail to drive at a speed and in a manner that would allow him to move between lanes within the assured clear distance ahead; k. did fail to properly observe traffic signals controlling his direction of travel; 1. did fail to keep a reasonable lookout for other vehicles lawfully on the road; m. did operate his motor vehicle without due regard for the rights, safety and position of the Plaintiff at the point aforesaid; n. did fail to yield the right of way; and o. did fail to secure his load to the back of his vehicle. p. did violate the various statutes and laws of the Township of Sliver Springs, County of Cumberland, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. COUNT II Shelby Insurance Companies v. Nauqhton Service Centre 9. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 8 inclusive as fully as though the same were herein and set forth at length. 4 " " ~ . .-1.' " - l , " ,-,,, --0"-.-''' " 10. The said occurrence was do to the negligence of the Defendant, Naughton Service Centre, in that it: a. entrusted its vehicle to an operator for use when it knew, or with a reasonable exercise of due care should have known, that the operator was not capable of loading and operating the vehicle properly; b. negligently entrusted the tractor trailer to a person which it knew, or in the exercise o'f reasonable care should have known, was an incompetent driver and operator of the vehicle; and c. negligently entrusted its tractor trailer to a person known, should have known or in the exercise of reasonable care could have known, was going to drive the vehicle in an improper, dangerous or reckless manner and failed to properly secure his load tp tje bed of the vehicle; WHEREFORE, Plaintiff demands judgment against each Defendant on each Count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars together with costs of suit. [iMD~" ATTORNEY FOR PLAINTIFF 5 ..;....1 "~ ., ,-, " V E R I F I CAT ION CARLA FINERSON, SUBROGATION SPECIALIST FOR SHELBY INSURANCE COMPANIES, Plaintiff in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unewom f,l,ifio,'ion '0 ,u'hori'i"~ ~ DATE: -7 ..t~J6 CARLA FINERSON SUBROGATION SPECIALIST 6 ~~~~<il~la~L[j~lii2~-----.ljMiIli' "' '-" 1141' :'0' -~ ~ .',,"" --Ii 'I II 'I II I ~ Ii I I , , I I , I I , I I I ,. ,. I - " . , ;_, _ ~' ':"_0' ,",,';" i , " , PAUL F. D'EMILIO, ESQUIRE SUITE 107, 905 W. SPROUL ROAD SPRINGFIELD, PA 19064 {610} 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 ATTORNEY FOR PLAINTIFF SHELBt INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 00-3426 . . BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO CIVIL ACTION : AFFIDAVIT OF SERVICE ON DEFENDANT WHO RESIDES ABROAD Paul F. D'Emilio, Esquire being duly sworn according to law deposes and says that he is the attorney for the Plaintiff, Shelby Insurance Companies, in the above entitled matter, and that the Defendant, Naughton Service Centre was served with a true and correct copy of the Complaint in the above entitled matter on September 20, 2000, pursuant to the Convention on service abroad of judicial or extrajudicial documents in civil or commercial matters signed at The Hague on November 15, 1965, and that attached hereto and made a part hereof is the original return receipt from the Ministry of Justice of Ontario Court of Justice. PAUL F D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF SWORN TO AND SUBSCRIBED BEFORE ME THIS \\tJ'"I-'h DAY OF ~ ' 2000. NOTARIAL SEAL KRISTEN L VERITY. NOlary Public Springfield Twp., Delaware County M Commission Ex ires Ma 12, 2003 '" " . Ministry of the Attorney General ., Ontario Court of Justice P.O. Box 1208 Haileybury ON POJ 1 KO Telephone: (705) 672-3395 Ministere du Procureur general Cour de l'Ontario de justice C.P. 1208 Haileybury ON POJ 1 KO Telephone: (705) 672-3395 ~ - Ontario September 28, 2000 Paul F. D'Emilio, Esquire 905 W. Sproul Road, Suite 107 SPRINGFIELD, PA 19064 USA Dear Sir/Madam: Re: Service of documents on Naughton Service Centre (Request under the Hague Convention of Service Abroad of Judicial and Extrajudicial Documents) Further to your request, I have now received the Sheriff's report advising that service was effected upon Naughton Service Centre. I enclose the completed Certificate which sets service, together with one of the sets of (duplicates of those served) annexed thereto. out the details of documents provided Since payment has been received, we are now closing this file. Yours very truly, 1e~~ erk D 1]@ 1] D\Yl~ ~ ;"T _ 4 2000 _._~,- ,. .--- - ---- ---- ~ .~~-~,- -"- . .~ ~ 1.:.- " ~L ~"'._Il~U' ",",.<.;",~. .,0.,",,,",-"""""1.1.. ~-' .'0'- ,,",,~c._"~~ , , . " REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965. Identity and address of the applicant The Sheriff of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Address of receiving authority Ministry of Justice Ontario Court of'Justice Courthouse, 393 Main Street, P.O. Box 1208, Hai1eybury, Ontario, Canada, POJ1KO The undersigned applicant has the honour to transmit-in duplicate-the documents listed below and, in conformity with article 5 ofthe above-mentioned Convention, requests prompt service of one copy thereof on the addressee. i.eoo (identity and address) Naughton Service Centre, 1975 Regional Road, Naughton, Ontario, Canada, POMZMO ~ (a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 of the Convention. * o (b) in accordance with the following particular method (subparagraph (b) of the first paragraph of article 5)*: o (c) by delivery to the addressee, ifhe accepts it voluntarily (second paragraph of article 5)*: The authority is requested to return or to have returned to the applicant a copy of the documents-and of the annexes* -with a certificate as provided on the reverse side. List of documents Shelby Insurance Companies v. Naughton Service Centre and Bruce A. Purvis Common Pleas Court of Cumberland County No. 00-3426; Complaint ~er~OA) O~J Co ~ . . {J~~ * Delete if inappropriate. -'1_~ ..~ - ~ - ~...- ~ ~ ,~",,"dM" P" 'R; , CERTIFICATE The undersigned authority has the honour to certify, in conformity with article 6 of the Convention, 1) that the document has been served * _The(date) SEPTEMBER 20, 2000 _at (place, street, number) 1975 REGIONAL RD, NAUGHTON _ in oile of .the following methods authorized by article 5 KI (a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 of the Convention.* By personal service upon an office of the company o (b) in accordance with the following particular method*: o (e) 11)' Eleftyery te1:he ad<kessec, vA\6 accepted it ,6M1Wtl:). * The documents referred to in the request have been delivered to: _(identity and description of person) Mr. Ilruce PlIrviR, Officer at Nall~hton Service Centre _ relationship to the addressee (family, business or other) 2) that the document has not been served, by reason of the following facts*: In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to payor reimburse the expenses detailed in the attached statement *. Annexes. Documents returned: Done at Sudbury , the 21st day of September, 2000 In appropriate cases, documents establishing the service: . . Signature and/or stamp ",",: (l --.3... t'~'- ,,,,..0 .Delete if inappropriate. . . ,.,,-- I" = ~<J'''''''''''~\bll!\l1tU """"-' ll:.!t;!Wl!'.i~ ( .' , SUMMARY OF THE DOCUMENT TO BE SERVED Convention on the service abroad of judicial and extxajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965. (article 5, fourth paragraph) Name and address of the requesting authority: The Sheriff of Cumberland County, 1 Courthouse Sqaure, Car1ise, PA 17013 Particulars of the parties*: 'Defendant, Naughton Service Centre, 1975 Regional Road Ontario, Canada POMZMU JUDICIAL DOCUMENT ** Nature and purpose ofthe document: A Complaint was filed as a result of a car accident which occured on April 25, 1999 for which the Defendants are responsible. Nature and purpose ofthe proceedings and where appropriate, the amount in dispute: $4,503.66 Date and place for entering appearance:** 20 days from the date of service Court Which has givenjudgement:** Nt A Date of Judgement:** N/ A Time limits stated in the document:** 20 days from the date ot serVlce EXTRAJUDICIAL DOCUMENT ** Nature and purpose ofthe document: Time limits stated in the document **: "'If appropriate, identity and address or"the person interested in the transmission of the document. "'''' Delete if inappropriate. . . ~Iii.il.ijf;~.<i;,ii;'~ill@l;~~miil!lilfjj~illf<O,{";ti~I~W;;;",",,,",,~,W;'~I-,,-li&,'if,l!lAA';';Jlil!I.111.1 -",' 'k':"_~~- ""- '-"< ~~~""'!!oillill!ili!&lli"!'iii&l:iOliIi" () 0 C) c::: C) "~-1 :;:.,:, C) "C) r-~ :, Ii: L~ .-, ? f: L::'" C? CD ~ .-eJ C:, ?-: c. )> C~ (..) z.,j Z ;:I:~! =<! :J,J .~. -< -" !J ';' . ,t '. I!f J ! i~ '[' ~t i~i 'I I! I" ,J I I - "' -" PAUL F. D'EMILIO, ESQUIRE SUITE 107, ~05 W. SPROUL ROAD SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 00-3426 n c:'. ('J " CIVIL ACTION "..;!, n-'---I-' ~F": s-' '::J ."1 .--n BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO -n u::' .-;.- ~; ~:~;: :-C'C z: -.-=/ .--;:(-) ~.) ~~? .t:'"' AFFIDAVIT OF SERVICE Paul F. D'Emilio, Esquire being duly sworn according to law deposes and says that he is the attorney for the Plaintiff, Shelby Insurance Companies, in the above entitled matter, and that the Defendant, Bruce A. Purvis was served with a true and correct copy of the Complaint in the above entitled matter on September 20, 2000, pursuant to the Convention on service abroad of judicial or extrajudicial documents in civil or commercial matters signed at The Hague on November 15, 1965, and that attached hereto and made a part hereof is the original return receipt from the Ministry of Justice of ontario Court of Justice. ~~j~ F. D'EM IO, ESQUIRE ATTORNEY FOR PLAINTIFF SWORN TO AND SUBSCRIBED BEFORE ME THIS \~ DAY OF~~ ,2000. ~t~~?k t NOTARIAL SEAL ' KRISTEN l. VERITY, Notary Public SpnngiJeld !Wp., Delaware County Mv'CommlsslOn Expires Mav 12. 21103 ,-" -~.~ ~ Ministry of the Attorney General Onlario Court of Justice P.O. Box 1208 Haileybury ON POJ 1 KO Telephone: (70S) 672-3395 Ministere du Procureur general Caur de l'Ontario de justice C.P. 1208 Haileybury ON POJ 1 KO Telephone: (705) 672-3395 1Ii -' Ontario September 28, 2000 Paul F. D'Emilio, Esquire 905 W. Sproul Road, Suite 107 SPRINGFIELD, PA 19064 USA Dear Sir/Madam: Re: Service of documents on Bruce A. Purvis (Request under the Hague Convention of Service Abroad of Judicial and Extrajudicial Documents) Further to your request, I have now received the Sheriff's report advising that service was effected upon Bruce A. Purvis. I enclose the completed Certificate which sets service, together with one of the sets of (duplicates of those served) annexed thereto. out the details of documents provided Since payment has been received, we are now closing this file. Yours very truly, ~~ (;tlerk ~'....", -' .. - REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15,1965. Identity and address of the applicant The Sheriff of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Address of receiving authority Ministry of Justice Ontario Court of Justice Courthouse, 393 Main Street, P.O. Box 1208, Hai1eybury, Ontario, Canada, POJ1KO The undersigned applicant has the honour to transmit-in duplicate-the documents listed below and, in conformity with article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee. i.eoo (identity and address) Bruce A. Purvis, 37 Mary Street, Naughton, ON, POMZ~m Ii[ (a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 of the Convention. * o (b) in accordance with the following particular method (subparagraph (b) of the first paragraph of article 5)*: o (c) by delivery to the addressee, ifhe accepts it voluntarily (second paragraph of article 5)*: The authority is requested to return or to have returned to the applicant a copy of the documents-and of the annexes* -with a certificate as provided on the reverse side. List of documents Shelby Insurance Companies v. Naughton Service Centre and Bruce A. Purvis Common Pleas Court of Cumberland County No. 00-3426; Complaint '~IOAct.', blrnim * Delete if inappropriate. CERTIFICATE The undersigned authority has the honour to certify, in conformity with article 6 of the Convention, 1) thatthedocumenthasbeenserved* peEsonally upon Bruce A. Purvis _The(date) SEpTEMBER 20, 2000 _at (place, street, number) 1975 REGIONAL RD, NAUGHTON _ in one of .the following methods authorized by article 5 @;ia) in accordance with the provisions of sub-paragraph (a) of the first paragraph of article 5 ofthe Convention.* by personal service upon Bruce A. Purvis D (b) in accordance with the following particular method*: o (e) bj eleliveTj 13 HI' admG33GG, ~h0 ~eeptetl it v5lttntftl"ily.~ The documents referred to in the request have been delivered to: _(identity and description of person) _ relationship to the addressee (family, business or other) 2) that the document has not been served, by reason ofthe following facts*: In conformity with the second paragraph of article 12 ofthe Convention, the applicant is requested to payor reimburse the expenses detailed in the attached statement *. Annexes. Documents returned: Request Done at Sudbury , the 21st day of September, 2000 In appropriate cases, documents establishing the service: Signature and/or stamp B- \J.~ o~ .~ *Delete if inappropriate. ,{ . , . SUMMARY OF THE DOCUMENT TO BE SERVED Convention on the service abroad of judicial and extxajudicial documents in civil or commercial matters, signed at The Hague, November 15,1965. (article 5, fourth paragraph) Name and address of the requesting authority: The Sheriff of Cumberland County, 1 Courthouse Sqaure, Car1ise, FA 17013 Particulars oftheparties*: Drofelldant, Bruce A. Purvis, 37 Hary Street, Naughton, Ontario, Canada POMZMO JUDICIAL DOCUMENT ** Nature and purpose of the document: A, Complaint was filed as a result of a car accident which occured on April 25, 1999 for. which the Defendants are responsible. Nature and purpose of the proceedings and where appropriate, the amount in dispute: $4,503.66 Date and place for entering appearance:** 20 days from the date of service Court Which has givenjudgement:** Nl A Date ofJudgement:** N/ A Time limits stated in the document:** 20 days from the date ot serVlce EXTRAJUDICIAL DOCUMENT ** Nature and purpose of the document: Time limits stated in the document **: "'If appropriate. identity and address of the person interested in the transmission of the document. "'''' Delete if inappropriate. .....~~/i1,'$!M'~:;~d.~~i:iiffiijji.".iIl'~'."';d.r_~~~jC.~-i I ~ :-1" 'o~,~ >81il,r '';'" , - I.--~~--- ,~. .~ o C::~ -or> S2\L:, ~-,-. (/J c':~: r..: <.-.- ~,,.. - ~-"'i:-: )>c- ;.~ --\ -< * -::=-' c::; ;:::) n ':'-1 ~ ."~ ~..cl C:0 ,:j .~ ,l 5J -< cn .-':i , If- f, f! I i !! :i " Ii i!. . " it I I I I: I-! Ii I! ,I I! f,1 " > PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. : 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO CIVIL ACTION PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, C.P.: Enter Judgment in the above entitled matter in-favor of the Plaintiff, Shelby Insurance Companies and against the Defendants, Bruce A. Purvis and Naughton Service Centre for want of an answer, and assess Plaintiff's damages in the sum of $4,503.00, in accordance with a Complaint filed. ~b. ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy assesses Plaintiff's damages in the sum of $4,503.00. /5f dvd;; ~~ PRO PROTHY JoeL -, .!~ ."i1i1'Ji~~iimi~#Ml_~:~'i;I}~"_~MJj,,jful(jJ~hlJii#i!;j ',-- < ~_-c;; "lAUUli II ... ~'~lIr~ -l!iiIo, 'I II ~ i I: li ;11 :;i "i I" ,u 1'1 II IIi Irl !':i :'i ii'j ", 'Iii t~ : I ~[ ! , I,;: ~,: " il: j~ , II [! \: Ii I I , (') 0 0 c c:> ~ >1 '"UUJ Z .--{ mm 0 ?~~ 2:0 -< 2C I -om (I) <!::..~ W ~AJ c;:.l -<.c: ,e_..., , kO -0 ~~(:J ~r"l ""0 :A (j~ 2.' :;>0 -;r , C i';:? CSrn Z ;;;! =< N :0 -< ~~ L, , ~_.- _ h ~ ~ ~- -, .~,~ ~, M~ 1" ...'"- ~ ".' PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO.: 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO CIVIL ACTION AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANTS Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-entitled matter hereby certifies that the following is the last known mailing address of the Defendants: BRUCE A. PURVIS 1975 REGIONAL ROAD NAUGHTON, ON, CANADA POMZMO NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON, CANADA POMZMO 'EMILIO, ESQUIRE FOR PLAINTIFF 0- _ __~__. ~ ~ _~~ ~. ~ " I. : _J"_ '" ,;, ~~ "" PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. : 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO CIVIL ACTION AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE PAUL F. D'EMILIO, being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf; and that he has knowledge of the facts set forth herein: That Defendant, Bruce A. Purvis is over twenty-one years of age and that he is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amende. SWORN TO AND SUBSCRIBED BEFORE ME THIS 31s+ DAY OF CC:h:)bCr ,2000. . T ARIAL SEAL KRISTEN L. VERITY. Notary PUblic Springfield Twp., Delaware County M Commission Ex ires Ma 12, 2003 ~~, .~. 1IiiidHIIli!R:.lIl!fft' < ""- ......~~~l~~'fla~;iM!iI~At I~ - -<-,,""'",< ",-".' ~~ ~ -~-'ll'.~liS!Iril!l!JlWil~1itiiIIM - -, f: , t: 0 C> C 0 0 <)$ 2: ~lf ~iP a ~.,:I ,.;c:: '-i~ il z~J I - ~_... (f)C;:: --1111 :<:;2:.: (...) "tJC':l f<C:1 ...., .s ? ':'.>f :D'c (~;J jj Z .) );:0 ~) ~() ~ G,r] ~ r", ?& -< I ti ki l:i P II I: Ii I:i ~i " II ~i Ii Ii l! " Ii II ~ I 1 I I -< ~ I~" ~_'~" c~ _~ ~ , _ -,,,,",,,,,,,,,,,,,,,,,,,,. .. -", r , PAUL F. D'EMILIO, ESQUIRE 905 W. SPROUL ROAD, SUITE 107 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY I.D. #16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 VS. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO.: 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Alliance, Bank, do hereby certify that a Notice of Intent to Enter Default Judgement was mailed on October 12, 2000 to the Defendants listed below by Certificate of Mailing; a copy of the Notice and the original certification of mailing are attached hereto, made a part hereof, and marked Exhibit "A". BRUCE A. PURVIS 1975 REGIONAL ROAD NAUGHTON, ON, CANADA POMZMO NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON, CANADA POMZMO aJ~.] PAUL F. D'EMILIO, SQUIRE ATTORNEY FOR PLAINTIFF , , ..._~, , ,~. ~ . b.<w.L"'~~""'I,' f , PAUL F. D'EMILIO, ESQUIRE SUITE 107, 905 W. SPROUL ROAD SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON. ON POMZMO CIVIL ACTION : . . DATE OF NOTICE: OCTOBER 12, 2000 TO: BRUCE A. PURVIS 1975 REGIONAL ROAD NAUGHTON, ONTARIO, CANADA POMZMO NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT 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 FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3~_ ~~ ~~O, ESQUIRE 905 W. Sproul Road, Suite 107 Springfield, PA 19064 (610) 338-0338 - ~~olWhbl .~I'~'" "",.I~ L '- . PAUL F. D'EMILIO, ESQUIRE SUITE 107, 905 W. SPROUL ROAD SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON. ON POMZMO CIVIL ACTION DATE OF NOTICE: OCTOBER 12, 2000 TO: BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ONTARIO, CANADA POMZMO NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT 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 FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 'EMILIO, ESQUIRE 905 W. Sproul Road, Suite 107 Springfield, PA 19064 (610) 338-0338 "~~" .I.,_L . PAUL F. D'EMILIO, ESQUIRE SUITE 107, 905 W. SPROUL ROAD SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 00-3426 BRUCE A. PURVIS 37 MARY STREET NAUGHTON, ON POMZMO AND NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ON POMZMO , CIVIL ACTION DATE OF NOTICE, OCTOBER 12, 2000 TO, NAUGHTON SERVICE CENTRE 1975 REGIONAL ROAD NAUGHTON, ONTARIO, CANADA POMZMO NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT 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 FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~ ~'_L~~" 905 W. 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