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Home My WebLink About04-1532PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF NORA A. HILL P.O. BOX 43360 BIRMINGHAM, AL 35243 VS. ROBERT A. HILL 2800 N. INTB5 LOT A4 GEORGETOWN, TX 78626 AND STEVENS TRANSPORT 9757 MILITARY PARKWAY DALLAS, TX 75227 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. ~z/% ?~3~ 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. Cumberland County Bar Association 2 Liberty Avenue 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 NOTIFICAClON. USTED DEBE PRESENTAR UNA APARIENC~A ESCRITA O EN PERSONA O POR ABOGADO Y ARC HIVAR 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 CUALQIER 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 O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENClA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER SHELBY INSURANCE COMPANY AS SUBROGEE OF NORA A. HILL P.O. BOX 43360 BIRMINGHAM, AL 35243 VS. ROBERT A. HILL 2800 N. INTB5 LOT A4 GEORGETOWN, TX 78626 AND STEVENS TRANSPORT 9757 MILITARY PARKWAY DALLAS, TX 75227 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 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") 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, Shelby Insurance Companies, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Companies, ("Shelby") is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at P.O. Box 43360, Birmingham, AL 35243. Plaintiff brings this action as subrogee of Nora A. Hill herein the ("Insured") under a policy of automobile insurance # VS000607296, issued by Plaintiff. 2. The Defendant, Stevens Transport Inc. is a Corporation with its principal office at 9757 Military Parkway, Dallas, TX 75227. 3. The Defendant, Robert E. Hagar, is a individual residing at 2800 N. IntB5 Lot 4A, Georgetown, TX 75227. 4. At all times hereinafter mentioned the Defendant, Robert E. Hagar, acted either individually or as the agent, servant, workman or employee of Stevens Transport Inc. then and there engaged in the business of the Stevens Transport Inc. within the course and scope of his employment. 5. On or about December 6, 2003, Plaintiff's Insured was traveling on SR0011 in Middlesex Township when she attempted to make a left hand turn when a truck owned by the Defendant, Stevens Transport Inc. and operated by the Defendant, Robert E. Hagar, hit the Insured from behind causing damages hereinafter set forth. 6. The Insured's vehicle was a total loss and Defendants are liable to Plaintiff for the damages as allowed by law thereto being is One Thousand Two Hundred and 77/100 ($1,200.77) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars less salvage received of Ninety Seven and 50/100 ($97.50) Dollars for a total of One Thousand Six Hundred Three and 271100 ($1,603.27) Dollars. Count 1 Shelby Insurance Company v. Robert E. Hagar 7. The said occurrence was due to the negligence of the Defendant, Robert E. Hagar, individually and/or as an agent, servant, workman, and employee of the Defendant, Stevens Transport Inc., in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did fail to apply the brakes in time to avoid the collision; c. did negligently apply the brakes; d. did fail to observe the Insured vehicle in accordance with existing traffic conditions and traffic controls; e. did permit or allow the vehicle to strike and collide with the automobile operated by the Insured; f. did fail to drive at a speed and in a 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 his motor vehicle without due regard for the rights, safety and position of the Insured at the point aforesaid; and i. did violate the various statutes and laws of the County of Cumberland and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. Count II Shelby Insurance Company v. Stevens Transport Inc. 8. The said occurrence was do to the negligence of the Defendant, Stevens Transport Inc., in that they: a. entrusted its vehicle to an operator for use when it knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the vehicle properly; b. negligently entrusted the vehicle to a person which it knew, or in the exercise of reasonable care should have known, was an incompetent driver; c. negligently entrusted its vehicle to a person known, should have known or in the exercise of reasonable care could have known, was going to drive the vehicle in an improper, dangerous or reckless manner; and d. did violate the various statutes and laws of the County of Cumberland, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. 3 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. ~UL~F. ~UIRE ATTORNEY FOR PLAINTIFF V E R-~-~[~II F I C A T i O N Brenda Sue King, Claim Representative f~ above captioned matter v ' · true and corre enfies that the o,r Sh.elb Ins . Penalties of 1~ u~nd..e~tand that fa~s facts co~n?m, ed In t~/e fo~ran. ce, Pla,n.t,ff ,n the ..... ~-.o. aiection 4904 s~e,~s~_t_e,me,/s herein are egom.g.C..o~.plain! are "-,,=,,-y to unswom fai.~ifi~m~a,.,de_ sub.te~;{ to the ...... ,~[~or~ to authodt es. ......... "=pres~t~tative MY COMMISSION EXPIRES: May 2, PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF NORA A. HILL P.O. BOX 43360 BIRMINGHAM, AL 35243 VS. ROBERT A. HILL 2800 N. INTB5 LOT A4 GEORGETOWN, TX 78626 AND STEVENS TRANSPORT 9757 MILITARY PARKWAY DALLAS, TX 75227 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 04-1532 : CIVIL ACTION .. .. : : .. .. ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY C.P.: Kindly mark the above entitled matter SettLed, Discontinued and Ended, upon payment of your costs only. PAUL IF. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANY AS SUBROGEE OF NORA A. HILL P.O. BOX 43360 BIRMINGHAM, AL 35243 VS. ROBERT A. HILL 2800 N. INTB5 LOT A4 GEORGETOWN, TX 78626 AND STEVENS TRANSPORT 9757 MILITARY PARKWAY DALLAS, TX 75227 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 04-1532 CIVIL ACTION CERTIFICATION OF SERVICE I, PAUL F. D'EMILIO, ESQUIRE, hereby certify that a true and correct copy of a the Order to Settle, Discontinue and End in the above-,gntitled matter has been served upon the following person on the ~ day o1~ ,2004 by first-class U.S. Mail, postage prepaid: Leonard H. Kitchens Director - Casualty Claims Stevens Transport PO Box 279010 Dallas, TX 75227-9010 ATTORNEY FOR pLAINTIFF