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Home My WebLink About07-1226PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP COMMON PLEAS COURT OF AS SUBROGEE OF PEGGY LEAR CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 . NEW CASTLE, PA 16105 vs. NO. 01 - /Za ( o, (2;. -'? 'Ziz? BENTON CUMMINGS 970 MANADA GAP ROAD GRANTVILLE PA 17028 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 CIVIL ACTION AVISO Le han demandado a usted en la torte. 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 notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte sus defenses o sus objeciones a las 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 notification o por cualgier queja o alivio que espedido en la petition de demanda. Usted puede perder 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 USTED 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 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. BENTON CUMMINGS 970 MANADA GAP ROAD GRANTVILLE. PA 17028 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. Q'y- /Aa2G d;c J -T--e- ? CIVIL ACTION 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 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 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 Pegg Lear, herein the ("Insured") under a policy of insurance # A02281204822604025, issued by Plaintiff. 2. Defendant, Benton Cummings, is an individual residing at 970 Manada Gap Road, Grantville, PA 17028. 3. On or about March 25, 2005, a motor vehicle owned and operated by the Defendant, Benton Cummings was traveling north on High Street, South Middleton Township PA when he pulled out from a posted stop sign entering the intersection and collided with the Insured's vehicle causing the damages hereinafter set forth. 4. Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Fourteen Thousand One Hundred Eighty One and 001100 ($14,181.00) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars less salvage received being Three Thousand Four Hundred Eighty Three and 00/100 ($3,483.00) for a total of Eleven Thousand One Hundred Ninety Eight and 001100 ($11,198.00) Dollars. 5. The said occurrence was due solely to the negligence of the Defendant, Benton Cummings, 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; failed to yield the right-of-way to the Insured; j. did fail to maintain financial responsibility; k. did operate the vehicle without Insurance; and 1. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3322 of the Motor Vehicle Code, 2 pertaining to the operation of motor vehicles 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. PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 3 VERIFICATION I, Paul F. D'Emilio counsel for Liberty Mutual Group, PLAINTIFF in the above captioned matter being authorized to do so 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: 3 L Z Paul F. D'Emilio, Esquire ? ? J v t .? T U'ti ? a ?J_ 4-1 O PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 07-1226 BENTON CUMMINGS 970 MANADA GAP ROAD CIVIL ACTION GRANTVILLE, PA 17028 PRAECIPE TO SUBSTITUTE VERIFICATION TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly substitute the attached verification to Plaintiff's Complaint which is signed by the Plaintiff, filed in the above entitled action on March 6, 2007. Paul F. 'Emilio, Esquire Attorney for Plaintiff VERIFICATION Subrogation Specialist with Liberty Mutual 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: brogation Specialist C?7 r-3 Q F• PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. BENTON CUMMINGS 970 MANADA GAP ROAD GRANTVILLE, PA 17028 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-1226 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. JA4? PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 44- "7 U aid . ? . •.. i f / +. ,; i.. , ? 1 y ,? wG. N SHERIFF'S RETURN - REGULAR CASE NO: 2007-01226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBERTY MUTUAL GROUP VS CUMMINGS BENTON MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CUMMINGS BENTON was served upon the DEFENDANT , at 1710:00 HOURS, on the 8th day of May 2007 at 37 SUSSEX DRIVE CARLISLE, PA 17013 IOLA WHITE, GRANDMOTHER 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 Sworn and Subscibed to before me this So Answers: 18.00 4.80 ?WOO .00 10.00 nn R. Thomas Kline 32.80 ? 05/09/2007 o PAUL E'EMILIO By: day Deputy Sheriff of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBERTY MUTUAL GROUP VS CUMMINGS BENTON 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: CUMMINGS BENTON but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 11th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers w,.- ?' '---> Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County Postage .87 75.12 V y/lal b -7 04/11/2007 PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. • In The Court of Common Fleas of Cumberland County, Pennsylvania. Liberty Mutual Group vs. Benton Cumings No. 07-1226 civil Now, March .9, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original So answers, Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA Office of t4p Sh-priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania LIBERTY MUTUAL GROUP vs County of Dauphin CUMMINGS BENTON Sheriff's Return No. 0380-T - - -2007 OTHER COUNTY NO. 07 1226 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CUMMINGS BENTON the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, March 22, 2007 MOTHERS RESIDENCE, DEF LIVES AT 37 SUSSEX DRIVE, CARLISLE,PA Sworn and subscribed to before me this 9TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, Sheriff of Dauphsiz County, Pa. By Deputy Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY GM PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR VS. BENTON CUMMINGS ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-1226 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, Liberty Mutual Group, and against the Defendant, Benton Cummings, for want of an answer, and assess Plaintiffs damages in the sum of $11,198.00 in accordance with a Complaint filed. a.414& P F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy assesses Plaintiffs damages in the sum of $11,198.00. 4 / P &" 0 PROTHY PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR VS. . BENTON CUMMINGS ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-1226 CIVIL ACTION 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: BENTON CUMMINGS 37 SUSSEX DRIVE CARLISLE, PA 17013 PLAINTIFF: LIBERTY MUTUAL GROUP 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF SWORN TO AND SUBSCRIBED BEFORE ME THISdK DAY OF JUNE, 2007. cp9JZ6?p, 'NOTARY PUBLIC r _ PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR VS. BENTON CUMMINGS ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-1226 CIVIL ACTION AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND 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, Benton Cummings, 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. P MILIO, ESQ IRE ATTORNEY FOR PLAINTIFF SWORN TO AND SUBSCRIBED BEFORE ME THIS a g DAY OF JUNE, 2007. 'NOTARY PUBLIC :?;00 N PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 LIBERTY MUTUAL GROUP AS SUBROGEE OF PEGGY LEAR VS. BENTON CUMMINGS ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 07-1226 CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Liberty Mutual Group, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on June 2, 2007 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". Benton Cummings 37 Sussex Drive Carlisle, PA 17013 AUL F. 'EMIIO, ESQUIRE ATTORNEY FOR PLAINTIFF SWORN TO AND S?SCRIBED BEFORE ME THIS DAY OF JUNE, 2007. an -Qj? zauh-?) NOTARY PUBLIC 0 1a, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) LIBERTY MUTUAL GROUP COMMON PLEAS COURT OF AS SUBROGEE OF PEGGY LEAR CUMBERLAND COUNTY VS. NO. 07-1226 BENTON CUMMINGS CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against you on Jow q, 2007. Prothonotary 1315,u4'a R. If you have any questions concerning the above please co act" Paul F. D'Emilio. Esauire Attorney or Party Filing 905 West Sproul Road. Suite 105 Address Springfield. PA 19064 City, State, Zip (610) 338-0338 Telephone Number 2007-024 U.S. POSTAL SERVICE CERTIFICATE OF MARJN4 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER LAW OFFICE PAUL F. D'EMILIO 905 WEST SPROUL ROAD. SUITE 105 SPRINGFIELD, PENNSYLVANIA 19064 Benton Cummings 37 Sussex Drive Carlisle, PA 17013 o O O ~ N cztm c* O L N O 9Z r, m~? OofA? D ti+/? CNo co ? -com? Lji J R 0 x PS Form 3317, January 2001 • 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 GROUP COMMON PLEAS COURT OF AS SUBROGEE OF PEGGY LEAR CUMBERLAND COUNTY 26 NESBITT ROAD, SUITE 2 NEW CASTLE, PA 16105 VS. NO. 07-1226 BENTON CUMMINGS 970 MANADA GAP ROAD CIVIL ACTION GRANTVILLE. PA 17028 DATE OF NOTICE: JUNE 4, 2007 TO: BENTON CUMMINGS 37 SUSSEX DRIVE 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 UL F. D'EMILI , ESQUIRE 905 W. Sproul Road, Suite 105 Springfield, PA 19064 (610) 338-0338 ?' C7 rl> -L .j 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 GROUP COMMON PLEAS COURT OF AS SUBROGEE OF PEGGY LEAR CUMBERLAND COUNTY VS. NO. 07-1226 BENTON CUMMINGS CIVIL ACTION AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Benton Cummings is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 07-1226, which was a result of a motor vehicle accident on March 25, 2005. U ('/' ? tL PAUL F. D'EMILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 1-7" DAY OF SEPTEMBER, 2007. LLB' NOTARY PUBLIC GQMMra YLVANIA NOTARIAL sEAL MELISSA RAMONDO, Notary Public Whitpain Twp., Mont ggcc? eeryry County My Commission ExpiresUecember 1 2007 I t o P % CO CN ?` ? ns