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Home My WebLink About08-5434/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 ERIE INSURANCE EXCHANGE AS SUBROGEE OF CINDY HILL 3410 W. 12TH STREET ERIE, PA 16505 vs. STEVEN COMP 23 SOUTH MARKET STREET MILLERSTOWN, PA 17062 AND DAVID F MCCLURE COMPANY INC. 228 TH STREET NEW CUMBERLAND. PA 17070 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 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY //?? NO. d8 - 543q 0i" l Term CIVIL ACTION "ISO Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dies 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 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 que 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 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O 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 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 CINDY HILL 3410 W. 12T" STREET ERIE, PA 16505 VS. STEVEN COMP 23 SOUTH MARKET STREET MILLERSTOWN, PA 17062 AND DAVID F MCCLURE COMPANY INC. 228 TH STREET COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. D V - 5434 Ct. d 71, CIVIL ACTION NEW CUMBERLAND. PA 17070 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") INASMUCH 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: 1. The Plaintiff, Erie Insurance Exchange("Plaintiff'), is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office located at 3410 W. 12th Street, Erie, PA 16505. Plaintiff brings this action as subrogee of Cindy Hill ("Insured") under a policy of commercial liability insurance issued by Plaintiff. 2. Defendant, Steven Comp, is an individual residing at 23 South Market Street, Millerstown, PA 17062. 3. Defendant, David F McClure Company Inc., is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal office at 22 8th Street, New Cumberland, PA 17070. 4. At all times hereinafter mentioned, the Defendant Steven Comp was the agent, servant, workman or employee of Defendant David F McClure Company Inc. then and there engaged in the business of the Defendant David F McClure Company Inc. acting within the course and scope of his employment. 5. On or about January 18, 2007 a motor vehicle owned by the Defendant David F McClure Company Inc. and operated by the Defendant Steven Comp was traveling westbound on W. Simpson Street, Mechanicsburg, Pennsylvania, when he struck Plaintiff's Insured's vehicle which was legally parked then fled the scene of the accident causing the damages hereinafter set forth. 6. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Seventeen Thousand Seven Hundred Six and 27/100 ($17,706.27) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a rental vehicle being One Hundred 2 Sixty and 00/100 ($160.00) Dollars less salvage received of One Thousand Two Hundred Seventy Five 00/100 ($1,275.00) Dollars for a total of Seventeen Thousand Ninety One and 27/100 ($17,091.27) Dollars. Count I Erie Insurance Exchange v. Steven Comp 7. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 8. The said occurrence was do to the negligence of the Defendant, Steven Comp, 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. did flee the scene of the accident; j. did fail to maintain financial responsibility; 3 k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3745 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. David F McClure Company Inc. 9. Plaintiff 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 occurrence was the result of the negligence of the Defendant David F McClure Company Inc., in that they: a. negligently entrust the vehicle to another operator for use when they 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 the motor vehicle to a person which they knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust the 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 the motor vehicle to another person who they knew, should have known or in the exercise of due care would have known would cause damages to another; and e. negligently entrust her motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. 4 WHEREFORE, Plaintiff demands judgment against each Defendant in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars together with costs of suit. Date: ylnAe 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 5 ?M i VERIFICATION Subrogation Representative 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: I I l4 I D? Subrogation Repirpsentatrye 6 R? 00 c z 3 00 -o 0 3 C'1 4 `o co cn N rn 7ff '' C?l 0 NEW CUMBERLAND, PA 17070 by handing to NANCY LOESCHE, SERVICE MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE CASE NO: 2008-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS COMP STEVEN ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVID F MCCLURE COMPANY INC the DEFENDANT , at 1353:00 HOURS, on the 16th day of September, 2008 at 22 8TH STREET together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge lolo I f of SHERIFF'S RETURN - REGULAR So Answers: 6.00 17.00 .00 10.00 R. Thomas Kline .00 33.00 09/23/2008 PAUL D'EMILIO Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS COMP STEVEN ET AL 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 COMP STEVEN but was unable to locate Him deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 23rd , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers:., > Docketing 18.00 Out of County 9.00--?° Surcharge 10.00 R. Thomas Kline, Dep Perry County 30.70 Sheriff of Cumberland County Postage .76 68.46 )0 7/n 09/23/2008 PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. `4 In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange VS. Steven Carp No. 08-5434 civil Now, September 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pew' 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, within upon at by handing to a and made known to copy of the original So answers; the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20, 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2008-5434 Cumberland County Erie Insurance Exchange VS Steven Comp 23 S. Market St. Millerstown, PA 17062 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Steven Comp, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Steven Comp at 23 S. Market St. Millerstown, PA 17062 NOT FOUND. DEFENDANT MOVED. LIVES WITH GIRLFRIEND RENEE TROUTMAN AT RR2 BOX 263 THOMPSONTOWN, PA 17094 (JUNIATA COUNTY.) Sincerely, Sworn and subscribed to before me this / day of c , 2008. L V- Carl E. Nace Sheriff of Perry County COM ONW@ALTH OF PENNSYLVANIA L MAROW F. FLICY NGER, NOW PU* BbornlWd Barn. Perry County Commission Expires Feb. 16,2D12 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 CINDY HILL 3410 W. 12.. STREET . ERIE, PA 16505 . VS. STEVEN COMP 23 SOUTH MARKET STREET MILLERSTOWN, PA 17062 AND DAVID F MCCLURE COMPANY INC. 22 8T" STREET NEW CUMBERLAND. PA 17070 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 08-5434 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the'Complaint in the above-captioned matter. ?-, PA L F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 44. ? o 0 G E-s -? t ,'i ?? 55 } SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS COMP STEVEN ET AL 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: COMP STEVEN 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 December 23rd , 2008 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Juniata County 28.79 Postage .76 66.55 r/ 12/23/2008 PAUL D'EMILIO So answers ? R. 4Tf oma s K - Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange VS. Steven Ccmp et al SERVE: Steven Comp Juniata Now, October 7, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of No. 08-5434 civil 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 WITHIN MY BAILIWICK FOR THE DEFENDANT AND BEING UNABLE TO FIND HIM, I AM RETURNING THIS WRIT AS "NON EST INVENTUS"(person to be served cannot be found upon it +-}p rsriSdiC#inn of the Sheriff) at According to the Post Office no one by that name is receiving mail at ERNE XMIress. by handing to a and made known to Sworn and subscribed before me this 09 day of & a c copy of the original So answers, the contents thereof. Sheriff of Juniata County, A H. Thomas Lyter COSTS SERVICE-Dktg/not found $ 15.00 )1108 /POSTAGE 11.79 JOYCE PACC19pFT?A DEPUTY PROTHONOTRRY' MY COMMISSION'EXPIRES FIRS I MONDAY IN JAN. 2009 REFUND 2.00 $ 28.79 $ 46.21 A q!!IGE ?" A-?-?EM?E? SEA a?` T "' ? sL. nss ,?v7ry V'", m to 03 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 CINDY HILL 3410 W. 12T" STREET ERIE, PA 16505 COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. STEVEN COMP 23 SOUTH MARKET STREET MILLERSTOWN, PA 17062 AND DAVID F MCCLURE COMPANY INC. 228 TH STREET NEW CUMBERLAND PA 17070 NO. 08-5434 CIVIL ACTION 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. Z aul F. D' milio, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road Suite 105 Springfield, PA 19064 Date: ( - 3 u --M 663080.1 THO & HAFER, LLP Pete P. Speaker, Esquire I. D o. 42834 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7644 pspeaker@tthlaw.com rIO ?? 5