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Home My WebLink About08-6766PAUL 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 / NO. ?8 -L?4? ?i u i U F2 VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE, PA 17740 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 en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notifcacion. Usted debe presenter 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 notificacion o por cualqier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pare 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 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 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 ROBERT REITZEL AND DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 VS. COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. a 7- 474 G (a?.! ? - TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE, PA 17740 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 136 Jaycee Drive, Suite 40, Johnstown, PA 15904. Plaintiff brings this action as subrogee of Robert Reitzel and Deborah Reitzel, herein the ("Insureds") under a policy of insurance issued by Plaintiff. 2. Defendant, Terry Lee Smith, is an individual residing at 608 Alleghany Street, Jersey Shore, PA 17740. 3. On or about July 15, 2007, a motor vehicle owned and operated by the Defendant Terry Lee Smith attempted to merge onto SR0081 northbound at exit 47, Carlisle, Pennsylvania, when he rear-ended Plaintiff's Insured's vehicle causing the damages hereinafter set forth. 4. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Two Thousand Four Hundred Ninety Three and 13/100 ($2,493.13) Dollars plus the Insured's deductible of One Thousand and 00/100 ($1,000.00) Dollars plus the cost of a rental vehicle being One Hundred Sixty Five and 20/100 ($165.20) Dollars for a total of Three Thousand Six Hundred Fifty Eight and 33/100 ($3,658.33) Dollars. 5. The said occurrence was due to the negligence of the Defendant Terry Lee Smith, 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 operate the vehicle without Insurance; j. did fail to maintain financial responsibility; and k. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Sections 3714 and 1786 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: 41), P61110? P I 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 4 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: Subrogation Specialist tn ? L/ "tJ Ls.i *? x _ V") SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS SMITH TERRY LEE 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: SMITH TERRY LEE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LYCOMING County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 23rd , 2009 , this office was in receipt of the attached return from LYCOMING Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lycoming Cc 41.80 Postage 93 79 7373 01/23/2009 PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. So answers: R. Thomas Kline Sheriff of Cumberland County ?' r..> ?:' -. c? ?? ?, -- , ?^?,? ?? . . ??. c ? --? PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 NO. 08-6766 Civil Term VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. AUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF g: r m . - i r# ^ j rn 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06766 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS SMITH TERRY LEE 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: SMITH TERRY LEE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LYCOMING County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 2nd , 2009 , this office was in receipt of the attached return from LYCOMING Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kl' e Lycoming County 30.60 Sheriff of Cumberland County .00 67.60 03/02/2009 PAID BY PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. c? Lam'.,` y ? Lf" ? ? N In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange et al vs. Terry Lee Smith No. 2008-6766 Civil Term Now, February 9, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -*woe A.A10 Sheriff of Cumberland County, PA Affidavit of Service Now, FEBRUARY 12, within REINSTATED COMPLAINT 20 09 , at 2:38 o'clock P • M, served the upon TERRY LEE SMITH at 7520 SO. ROUTE 220 HWY., APT. G, LINDEN, LYCOMING COUNTY, PA. by handing to. a TRUE AND ATTESTED and made known to Sworn and subscribed before me this 25th day of Febr. 2009 i' fvdP$S Fly C ?2 ;;;rr>? rY"sue IN. 6, 2012 HIM PERSONALLY copy of the original, HIM So answers, Sheriff of LYC MING COSTS SERVICE MILEAGE AFFIDAVIT REINSTATED COMPLAINT the contents thereof. $ 18.00 10.10 2.50 County, BY _ r an Rockwell,De uty $ 30.60 PAID 2/24/09 PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 NO. 08-6766-CIVIL TERM VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 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, Erie Insurance Exchange, and against the Defendant, Terry Lee Smith, for want of an answer, and assess Plaintiffs damages in the sum of $3,658.33 in accordance with a Complaint filed. d .1 PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy ssessess Plaintiffs damages in the sum of $3,658.33. IC. PRO T Y E PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 NO. 08-6766-CIVIL TERM VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 CIVIL ACTION AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DELAWARE 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, Terry Lee Smith, is over twenty-one years of age and 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. UL F. D' MILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 3 o}h DAY OF APRIL, 2009 NOTARY PUBLIC l l0 5 ?agwaaae saji x"3 u'0 ?S?uno0 ajeMeiaQ 'Aml piay6uudS 3iiqud tie10N 'lli3N,0 VSSIl3W 7V3S ldibViON VINVA'IASNN3 i.: Q I-I17V_T?Ie.e.,p0CJdvj00 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 NO. 08-6766-CIVIL TERM VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Erie Insurance Exchange, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on April 10, 2009 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". Terry Lee Smith 7520 So. Route 220 Hwy, Apt. G Linden, PA 17744 P L F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 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 ROBERT REITZEL AND DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 . JOHNSTOWN, PA 15904 . VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 2008-6766 Civil Term CIVIL ACTION DATE OF NOTICE: APRIL 9, 2009 TO: TERRY LEE SMITH 7520 SO. ROUTE 220 HWY, APT. G. LINDEN, PA 17744 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 P L F. D'EMILIO, ESQUIRE L U.S. POSTAL SERVICE CERTIFICATE OF MAILING ` MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PRC" LAW OFFICE PAUL F. D'EMILIO.:t?y.:; { ? 905 WEST SPROUL ROAD, SUITE ' HASLER A 906 t PENNSYLVANI A LD . SPRINGFIE C7 One piece of ordinary mail addressed to: m 4W t7 ?i ?? Terry Lee Smith rS by .s cn 7520 So. Route 220 Hwy, Apt. Io Linden, PA 17744 ? PS Form X17, January 2x01 US POSTAGE FILED'--'D i'Fi iC"E OF THE *y . 2L"4091I ai Y --[,a c iI . • 1041 t' !J ce is 44 06 y 4??t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL 136 JAYCEE DRIVE, SUITE 40 JOHNSTOWN, PA 15904 NO. 08-6766-CIVIL TERM VS. TERRY LEE SMITH 608 ALLEGHANY STREET JERSEY SHORE. PA 17740 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against you on 2009. Prothonotary 0xA If you have any questions concerning the above please contact: 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 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 COMMON PLEAS COURT OF AS SUBROGEE OF ROBERT REITZEL AND CUMBERLAND COUNTY DEBORAH REITZEL NO. 08-6766 Civil Term VS. TERRY LEE SMITH CIVIL ACTION AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Terry Lee Smith is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 08-6766, which was a result of a motor vehicle accident on July 15, 2007. SWORN TO AND SUBSCRIBED BEFORE ME THIS O DAY OF OCTOBER, 2009. rnp NOTARY PUBLIC ow&k PAUL F. D'EMILIO, ESQUIRE COMMONWEALTH OF PENNSYLVANUA NOTARIAL SEAL MELISSA O'NEILL, Notary Public Springfield Twp.: Delaware County ?Jleuember 6, 2011 OF THE: IARY M09 OCT i I-) PI1 3: 4 7 45.00 PC AT'EY Co g4l'l pj# a3a l ay