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Home My WebLink About01-7146 FX ,~~^ -"""-~ ~ -~- -." L .......__..~I""~~~o''''"<m.<.".ti-<\'''''.;;r~'-' lit ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE SPRINGFIELD, PA 19064 (610) 338-0338 107 Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Shelby Insurance Companies 3760 River Run Drive Birmingham, AL 35243 DIVISION VS. TERM NO. D(- 71410 (!I'u~(~-rr Defendant(s) John Moore 107 Bridge Road Newville, PA 17241 NOTICE TO DEFEND 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 ~,. ~'''~ ~W~"" .-..J" I",o-,",",~ '-'''""''':-~"-~'''''''-''''''''-'''''';.;(:''', NO. 01- ~f4t,.. CI.U~('-r~ , ' - ~ '. ~ 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 AS SUBROGEE OF TERRY ROWE 3760 RIVER RUN DRIVE BIRMINGHAM, AL 35243 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. : JOHN MOORE 107 BRIDGE ROAD NEWVILLE, PA 17241 CIVIL ACTION COMPLAINT The 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 successor by merger to Anthem Insurance Company 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 Terry Rowe (herein the "Insured") under a policy of automobile insurance # VS000585140, issued by Plaintiff. 2. The Defendant, John Moore, is an individual residing at 107 Bridge Road, Newville, PA 17241, 3, On or about the 11th day of June, 2001 at about 12:00 p,m, a motor vehicle owned and operated by the Insured Terry Rowe was ~ <-~'",'~-"""'. .,. - "-I , _~-"-""''-'''''''C"""..J_'''''''';j_'''~'j;I.-O-!",d,,;r,wi~,,,,',-; ,.. traveling on Highway Number 533 when the Defendant, John Moore passed the Insured with his dump truck filled with stones, The Defendant's truck hit a bump in the road and some of the rocks in the his dump truck hit the Insured's vehicle causing the injuries hereinafter set forth, 4. Plaintiff avers that the motor vehicle of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is One Thousand Seven Hundred Two and 90/100 ($1,702.90) Dollars. 5, The said occurrence was due to the negligence of the Defendant, John Moore, individually 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 observe Plaintiff's vehicle in accordance with existing traffic conditions and traffic controls; d, did permit or allow object from his vehicle to strike the automobile operated by Plaintiff's Insured; e, did fail to exercise the degree of care required of a motorist carrying a load in the back of his truck; f. did fail to keep a reasonable lookout for other vehicles lawfully on the road; 2 ,1; - ~ . - ,~I W' r"'.IIIi:..,.................,""j~~_.J"_,.."..,'"'''''''_.,~O;,,wd'''';~''''' ., g, did operate his motor vehicle without due regard for the rights, safety and position of the Plaintiff's Insured at the point aforesaid; h. did fail to secure his load to prevent stones from falling off and hitting other vehicles lawfully on the road; and 0, did violate the various statutes and laws of the Township of Newville, County of Cumberland, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, 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, (jufli{~ F. ' I 0, ESQUIRE ATTORNEY FOR PLAINTIFF 3 _I ~" ~ _"'j,bll!"''''-;~,'",,,,,~~,,,-, "12-10~2001 10:08 AM Go-/dJQ77V ... V E R I F I CAT ION NICOLE M. CROCKER, 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 unsworn falsification to authorities. DATE: Id'l? OJ ( fl-.v1JlJ ~ , NI;?o"~ CROCKER SUBROGATION SPECIALIST 4 fu ~~_IM~~i~Jili~A"~~""";ili.~.';JMfM'!~~'1I.'!ii~~''''''"i!j'.;;;-~"",j.,..,j,-~_'_-;~~~.- .... f o 'N7) f- t- ~ 6"'- ~ '--.. - ~ C- o C3 ~ '~ ~ -t . 0. () ~ 0 ~ , ~ C> ttJU) r~ ~ J blI,~,~.jl_",1!lm,_~._~" ~"<~"o.~ _"~"V ~~-,,,,,__,,~_'.^,,",,"_',,,,,'_'" ._., ''''~"~''"'O~~,"p "~,,,_<O"'''''"'~'''~''''~'~''''~"_"''_ (') c: s:: "Utn fJ;1f1'1 ...:.;:...:0 :ZC" C/J~' -<";-'-- kCj )>..... Z'~ ;>0 C ~ "-,.. a o '""J ::-) N !.~ >i.::!'! /1',., ~g8 t-...... j :~il~ r:J~ 70 Oht ~ -< -0 3: ~ U1 .- 8 ,. -~~ o _~ ~I ~",I""",- , "__~~;'''''~:''''''-';'~c''';jL,Jj,,,,,: SHERIFF'S RETURN - REGULAR CASE NO: 2001-07146 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHELBY INSURANCE COMPANIES VS MOORE JOHN BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOORE JOHN the DEFENDANT , at 0011:00 HOURS, on the 27th day of December, 2001 at 107 BRIDGE ROAD NEWVILLE, PA 17241 by handing to FRED JOHNSON (ADULT IN CHARGE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5,85 ,00 10,00 .00 33.85 ?'~~~ R. Thomas Kline Sworn and Subscribed to before 12/28/2001 PAUL F. D'EMELIO By, ~~r~9- ) me this 'i(''t8- day of :b:; ~>> A.D. Q. YIIU!:AJ .,-( prothonotary'~ ~' " . " ., . , "'~~_''''''''_M.M,*'k'; PULEO & D'EMILlO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY 1.0. #16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF TERRY ROWE IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 01-7146 VS. CIVIL ACTION JOHN MOORE ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter settled, discontinued and ended upon payment of your cost only, ~~ Attorney for Plaintiff ;"o')"'--"'_"'~'" ,.-,""""Vi ,:"";e. ;t>bHi;i;f\~~~!;}l1ffi;jj-,1~~1\"J-"~lM~I~~~~~~~"'~-- (') 0 (-, j C r" .-(1 -;,:-,e - _0_ .Soo -c'C,n '27~'J-l ;d~ fTi ir"' eX) " ~i;~ ;"'n '-i ,..' .r:- , s:-; -n " ,+~ .c:::.-.. () 0 ,,- c' .-., f'j', s: t:? .' c Z "':->> .::> "'q -j (j" :< -.. 10 ffI jL U. 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