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Home My WebLink About08-0225PAUL F. D'EMILIO, ESQUIRE 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 THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS SUBROGEE OF JOSEPH P. DOUGHERTY 3410 W. 12TH STREET ERIE, PA 16505 vs. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO.OS --aZZS l.. IUbL, r JAMES MCNAUGHTON RR 3 BOX 1706 PORT ROYAL, PA 17082 CIVIL ACTION 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas an 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 an persona o por abogado y archivar en la corte sus defensas 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 notificacion o por cualgier queja o alivio qua espedido en la peticion 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 O 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PAUL F. D-EMILIO, ESQUIRE 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS SUBROGEE OF JOSEPH P. DOUGHERTY 3410 W. 12T" STREET ERIE, PA 16505 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. NO. 0?- JAMES MCNAUGHTON : RR 3 BOX 1706 PORT ROYAL, PA 17082 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, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: The Plaintiff, Erie Insurance Exchange (`Plaintiff'), is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 3410 W. 12th Street, Erie, PA 16505. Plaintiff brings this action as subrogee of Joseph Dougherty, herein the ("Insured") under a policy of insurance #Q98014923100, issued by Plaintiff. 2. Defendant, James McNaughton ("Defendant McNaughton "), is an individual residing at RR3 Box 1706, Port Royal, PA 17082. 3. On or about March 27, 2006, a motor vehicle owned and operated by the Defendant McNaughton was traveling north on SR0083, New Cumberland, Pennsylvania, when he attempted to pass the Insured and struck the Insured's vehicle then fled the scene of the accident causing the damages 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 Six Thousand Three Hundred Seventy Three and 25/100 ($6,373.25) Dollars plus the insured's deductible of Five Hundred and 00/100 Dollars ($500.00) plus the cost for a rental vehicle being Eight Hundred Thirty Two and 61/100 ($832.61) for a total of Seven Thousand Seven Hundred Five and 86/100 ($7,705.86) Dollars. 5. The said occurrence was due to the negligence of the Defendant McNaughton, 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; did flee the scene of the accident; did operate the vehicle without Insurance; k. did fail to maintain financial responsibility; and did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3714 of the Motor Vehicle Code, 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 ($50,000.00) dollars together with costs of suit. Date: 0g jaj??L Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 e 1-1 VERIFICATION , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 12- V$ r G-1 Subrogation Specialist m r d C_ J Sri `7l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE ET AL VS MCNAUGHTON JAMES 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: MCNAUGHTON JAMES but was unable to locate Him deputized the sheriff of JUNIATA in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 21st , 2008 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: So answe' Docketing 18.00 Out of County 9.00 --? Surcharge 10.00 R. Thoma ine Dep Juniata County 25.50 Sheriff of Cumberland County Postage .97 63.47 ? :7/aj Jd&' 02/21/2008 PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. L . -I. In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange vs. James McNaughton No. 08-225 civil Now, January 16, 2008 hereby deputize the Sheriff of Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 , at o'clock M. served the within AFTER DUE AND DILIGENT SEARCH FOR THE DEFENDANT AND AM RETURNING SAID NOTICE & COMPLAINT AS NON EST INVENTUS (person to be served cannot be found in the upon jurisdiction of tha shariff) DEFENDANT NOW LIVES IN DAUPHIN COUNTY (unable to get at address but 11 4 is 717 69 4706) by handing to a / and made known to the contents thereof. So answers, Sheriff of Juniata County, PA H. Thomas Lyte.r. Sworn and subscribed before me this Z & /_day of , 20 Dd' I, SHERIFF OF CUMBERLAND COUNTY, PA, do copy of the original COSTS SERVICE MILEAGE/POSTAGE JOYCE PAGE TY PROTHONOTARY MY COMMISSION EXPIRES FIRST MONDAY INR x8009 $ 14.00 9.50 2.00 $ 25.50 $ 49.50 ATTEMPTED SERVICE DATE TIME MILEAGE INITIALS 2 8 d 5 " ? ?^a r p ? ? i ? "'a r > II3B r= z > a „sue 3 PAUL F. D'EMILIO, ESQUIRE 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 THIS IS AN ARBITRATION MATTER ERIE INSURANCE EXCHANGE AS SUBROGEE OF JOSEPH P. DOUGHERTY 3410 W. 12TH STREET ERIE, PA 16505 VS. JAMES MCNAUGHTON RR 3 BOX 1706 PORT ROYAL. PA 17082 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 2008-00225 P CIVIL ACTION ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter discontinued and ended upon payment of your cost only. Paul F. D'Emilio, Esquire Attorney for Plaintiff OF TWE FE' OTI ..";NOTA '?Y 2009 JUL -2 AM 11:42