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Home My WebLink About07-0544PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF LIBERTY MUTUAL INSURANCE GROUP AS SUBROGEE OF JAMES CAVANAUGH 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. GORDON PANILAITIS NO. 017 563 F STREET CARLISLE, PA 17013 AND MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 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. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar an la corte sus defensas o sus objeciones a ]as demandas encontra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido en la peticion de demanda. Usted puede pewter dinero, sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF LIBERTY MUTUAL INSURANCE GRO UP AS SUBROGEE OF JAMES CAVANAUGH COMMON PLEAS COURT OF 26 NESBITT ROAD, SUITE 2 CUMBERLAND COUNTY NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO.017 - ,5y V L? X12., 563 F STREET CARLISLE, PA 17013 AND ' MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE PA 17013 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Liberty Mutual Insurance Group, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Liberty Mutual Insurance Group, ("Liberty") is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 26 Nesbitt Road„ Suite 2, New Castle, PA 16105. Plaintiff brings this action as subrogee of James Cavanuagh, herein the ("Insured") under a policy of insurance # A0628813203570, issued by Plaintiff. 2. Defendant, Gordon Panilaitis is an individual residing at 563 F Street, Carlisle, PA 17013. 3. Defendant, Maryann Bricker is an individual residing at 563 F Street, Carlisle PA 17013. 4. At all times hereinafter mentioned the Defendant, Gordon Panilaitis was the agent, workman, servant and employee of the Defendant, Maryann Bricker then and there engaged in the business of the Defendant, Maryann Bricker within the course and scope of his employment. 5. On or about November 18, 2005, a motor vehicle owned by the Defendant, Maryann Bricker and operated by the Defendant, Gordon Panilaitis was traveling southbound on South Pit Street, Carlisle, PA when he failed to yield the right away to the Insured when he struck the Insured's vehicle causing the Insured to hit a house and causing damages hereinafter set forth. 6. As a result of the aforesaid Plaintiff's Insured, James Cavanuagh suffered painful and severe injuries to his nerves, bones and soft tissues which include, but are not limited to his back, neck, shoulder and hip injuries. All of which caused him and will for an indefinite time in the future, great pain and agony and prevented him and probably will in the future, from daily activities. 7. As a result of the injuries to Plaintiffs Insured and Defendant's failure to maintain financial responsibility as required by law, Plaintiff' Insurance carrier has been obligated to paid to the Plaintiff a sum of Nineteen Thousand and 00/100 ($19,000.00) Dollars pursuant to the uninsured motorist's provisions of their insurance policy. 8. Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Three Thousand Eight Hundred Five and 88/100 ($3,805.88) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of Four Thousand Three Hundred Five and 88/100 ($4,305.88) Dollars. 2 Liberty Mutual insurance Group v. Gordon Panilaitis 9. Plaintiff, Liberty Mutual Insurance Group, incorporates by reference all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was due solely to the negligence of the Defendant, Gordon Panilaitis, in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to drive at a speed and in the manner that would allow him to stop within the assured clear distance ahead; g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; h. did operate the motor vehicle without due regard for the rights, safety and position of the Insured at the point of aforesaid; i. failed to yield the right a way to the Insured; j. did operate the vehicle without Insurance, k. did fail to maintain financial responsibility; 1. did drive without a valid license; and M. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Sections 1501 and 3321 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. 3 Liberty Mutual InsurancCount 11 e Group v. Maryann Bricker 11. Plaintiff, Liberty Mutual Insurance Group, incorporates by reference all of the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The said occurrence was do to the negligence of the Defendant, Maryann Bricker, in that she: a. negligently entrust her vehicle to another operator for use when she knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the motor vehicle properly; b. negligently entrust her motor vehicle to a person which she knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust her motor vehicle to a person known, should have known or in the exercise of reasonable care would have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrust her motor vehicle to another person who she knew, should have known or in the exercise of due care would have known would cause damages to another; e. negligently entrusted her motor vehicle to a person who she knew, should have known or in the exercise of due care would have known did not have a valid license; f. negligently entrust her motor vehicle to a person known, should have known or in the exercise of reasonable care would have known, was not an authorized driver; and g. did violate the various statutes and laws of the County of Philadelphia, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. 4 WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. 4AF. &DEMiL I nESQUIRE ATTORNEY FOR PLAINTIFF 5 • , . w ., VERIFICATION MANAC.ert. Subrogation &ftee4lmiet with Liberty Mutual Insurance Group 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 unsworn falsification to authorities. DATE: i ill 10-7 NlAm4&e4 Subrogation Sgeeia&t r C .'?f J - d ?- cri SHERIFF'S RETURN - REGULAR CASE NO: 2007-00544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBERTY MUTUAL INSURANCE GROUP VS PANILAITIS GORDON ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PANILAITIS GORDON the DEFENDANT , at 2125:00 HOURS, on the 1st day of February , 2007 at 563 F STREET CARLISLE, PA 17013 by handing to MARYANN BRICKER, 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 4.40 Affidavit .00 Surcharge 10.00 .00 ,f 32.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/02/2007 PAUL DEMILIO By. `J 4 & e ty Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBERTY MUTUAL INSURANCE GROUP VS PANILAITIS GORDON ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRICKER MARYANN the DEFENDANT at 563 F STREET at 2125:00 HOURS, on the 1st day of February , 2007 CARLISLE, PA 17013 MARYANN BRICKER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ,/16.00 alJ 0I Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 02/02/2007 PAUL DEMILIO By: D uty Sheriff of A. D. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET CARLISLE, PA 17013 AND MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, C.P.: Enter Judgment in the above entitled matter in-favor of the Plaintiff, Liberty Mutual Insurance Group, and against the Defendant, Gordon Panilaitis, for want of an answer, and assess Plaintiffs damages in the sum of $23,305.88 in accordance with a Complaint filed. PAUL F. D'E ILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Proth sses Plai s damages in the sum of $23,305.88. P PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. . GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET . CARLISLE, PA 17013 AND . MARYANN BRICKER . 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANT AND PLAINTIFF 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 Defendant and Plaintiff: DEFENDANT: GORDON PANILAITIS 563 F STREET CARLISLE, PA 17013 PLAINTIFF: LIBERTY MUTUAL INSURANCE GROUP 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 PAWL F. D'EMIL O, ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET CARLISLE, PA 17013 AND MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 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, Gordon Panilaitis, 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 amended. PAUL F. D'EMILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS &I-1h DAY OF JUNE, 2009. 3/ jeQ mow L_J NOTARY PUBLIC ONWEALTH OF PENNSYLVANIA OTAR SZNIALS ILL, Notary public r7$Mrp'dnLg'f1e1d mis Delaware Coun PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET . CARLISLE, PA 17013 . AND . MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Liberty Mutual Insurance Group does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on May 20, 2009 to the Defendant 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". Gordon Panilaitis 563 F Street Carlisle, PA 17013 @C'A?(P&A "PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF Exhibit "A" PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET CARLISLE, PA 17013 AND MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 DATE OF NOTICE: MAY 19, 2009 TO: GORDON PANILAITIS 563 F STREET CARLISLE, PA 17013 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 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. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 lalk:: UL F. D'EMILIO, ESQUIRE _ 4004-10 U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAII nnFC anT Law Offices of Paul F. D'Emilio, LLC 905 W. Sproul Rd., Suite 105 Springfield, PA 19064 One piece of ordinary mail addressed to: Gordon Panilaitis 563 F ree Carlisle, PA 17013 T ? 0 IUS POSTAGEI PS Fotm 3817, Jwm" 2001 RLED-OFFCE OF Iff PROTHONOTARY 2009 JUN 29 Phi 3: 01 P E? ?NSY(VAINiA # 14•co I'll, pT14 cosul 04 i #73 (oq 1 Wk-L`d IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET . CARLISLE, PA 17013 AND . MARYANN BRICKER . 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 Notice is given that a judgment in the above captioned matter has been entered against you on -Jun & 9.9 , 2009. othonota If you have any questions concerning the above please contact: Paul F. D'Emilio. Esquire Attorney or Party Filing 905 West Sproul Road. Suite 105 Address Springfield, PA 19064 City, State, Zip (610) 338-0338 Telephone Number PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF LIBERTY MUTUAL INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF JAMES CAVANAUGH CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. GORDON PANILAITIS NO. 07-544 CIVIL TERM 563 F STREET CARLISLE, PA 17013 AND MARYANN BRICKER 563 F. STREET CIVIL ACTION CARLISLE. PA 17013 AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Gordon Panilaitis is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 07-544, which was a result of a motor vehicle accident on November 18, 2005. P. L F. D'EMILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS-t bAY OF OCTOBER, 2009. ON TARP PUBLI GOMM!(7!'W ALTH Or- PENNSYLVANIA iNOTAP!A,L SE- AL MELISSA GYNE!LL, Notary Public Sprit qfi?!' Trip., Delaware County ?GY rr xeirew Derornbar 6, 2011 ALED--C'? ?vE OE THE PP-74??-,DTARY 2009 OCT -9 PM 3= 03 f n ?, rr„ $S. oo Po A7M GCo-9348 a319Is