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Home My WebLink About09-0953/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 (616) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JENNIFER HILL 3410 W. 12T" STREET ERIE, PA 16505 VS. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL. PA 17011 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 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. OQ - 953 0,Wi t -rei • CIVIL ACTION "ISO Le han demandado a usted en la torte. 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 notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification o por cualgier queja o alivio que espedido an la petition 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 USTED 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 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JENNIFER HILL 3410 W. 12T" STREET ERIE, PA 16505 vs. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 0 q 6-3 VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CIVIL ACTION CAMP HILL, PA 17011 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 this 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 address of 3410 W. 12th Street, Erie, PA 16505. Plaintiff brings this action as subrogee of Jennifer Hill, herein the ("Insured") under a policy of insurance, issued by Plaintiff. 2. Defendant, Amina Prasovic, is an individual residing at 2004 Highland Circle, Camp Hill, PA 17011. 3. Defendant, Vasvija Prasovic, is an individual residing at 2004 Highland Circle, Camp Hill, PA 17011. 4. At all times hereinafter mentioned the Defendant Amina Prasovic was the agent, workman, servant and employee of Defendant Vasvija Prasovic and was engaged in the business of Defendant Vasvija Prasovic and was acting within the course and scope of her employment. 5. On or about October 25, 2007, a motor vehicle owned by the Defendant Vasvija Prasovic and operated by the Defendant Amina Prasovic, was traveling on 18th Street, Lower Allen Township, Pennsylvania when she made a left turn in front of Plaintiff's Insured's vehicle 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 Twenty Thousand Five Hundred Forty Five and 241100 ($20,545.24) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus cost of a rental vehicle being Eight Hundred Twenty Three and 96/100 ($823.96) Dollars less salvage received of Fifteen Thousand Four Hundred Fifty Five 001100 ($15,455.00) Dollars for a total of Six Thousand Four Hundred Fourteen and 20/100 ($6,414.20) Dollars. Count I Erie Insurance Exchange v. Amina Prasovic 7. Plaintiff, Erie Insurance Exchange 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 due to the negligence of the Defendant, Amina Prasovic, in that she: 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 her to pull out 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 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 Section 3322 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. Vasvija Prasovic 9. Plaintiff, Erie Insurance Exchange, 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 said occurrence was due to the negligence of the Defendant Vasvija Prasovic, in that she: a. negligently entrusted her vehicle to another operator for use when she 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 entrusted her motor vehicle to a person which she knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrusted her 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; and d. negligently entrusted her motor vehicle to another person who she knew, should have known or in the exercise of due care would have known would cause damages to another; and e. negligently entrust the motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania 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: :C' Paul F. D'Emilio, squire 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 VERIFICATION w ,' •?? a?, .? , 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: Subrogation Representative c_ y C ? C SHERIFF'S RETURN - REGULAR CASE NO: 2009-00953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS PRASOVIC AMINA ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRASOVIC AMINA the DEFENDANT at 0018:49 HOURS, on the 19th day of February-, 2009 at 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 by handing to VASVIJA PRASOVIC MOTHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 12.60 .00 10.00 R. Thomas Kline .00 40.60 02/19/2009 PAUL D'EMILIO By : day Deputy Sheriff A.D. rv : l N 4 .a SHERIFF'S RETURN - REGULAR CASE NO: 2009-00953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS PRASOVIC AMINA ET AL NOAH CLIINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRASOVIC VASVIJA the DEFENDANT , at 0018:49 HOURS, on the 19th day of February-, 2009 at 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 by handing to VASVIJA PRASOVIC DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 02/20/2009 PAUL D'EMILIO By day Deputy Sheriff A.D. r Cc C-? -- tl!= - .. ram _. CZJ C'?i David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE AS SUBROGEE OF JENNIFER HILL 3410 W. 12'hSTREET ERIE, PA 16505 Plaintiff : COMMON PLEAS COURT : OF CUMBERLAND COUNTY NO. 09-953 CIVIL TERM VS. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL. PA 17011 Defendants CIVIL ACTION PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, David W. Knauer, Esquire, of Knauer & Associates, L.S.C., on behalf of the Defendants, Amina Prasovic and Vasvija Prasovic, in the above case. Respectfully submitted, UER & ASSPPIATES, L.S.C. Date ` dB9 t David W. Kna r, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 -r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 1lb day of March, 2009: Paul M. Schofield, Jr., Esquire 905 W. Sprout Road Suite 105 Springfield, PA 19064 Counsel for Defendant KNAUER & ASSOCIATES, LS.C. 1 David W-Knauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 KnauerGearly.com (717) 795-7790 Counsel for Defendants -r? :? ? ? ?i?` ` ? _ ra?'*" `te ? ' ? c;` a . ? - ? ?? i 4 ?.. .r r' ?_?. z?, r?° -, "r ?..? ;_' ' :f'i't r? .. ...-- 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 lL?a-ur F ICS: OF T; E 4 ROl HO'HOTAR 7011 JAN 21 FM 2'. '?,B CUMBERLAND COUX T -,( PENNSYLVhWORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JENNIFER HILL OF CUMBERLAND COUNTY 3410 W. 12TH STREET ERIE, PA 16505 NO. 09-953 VS. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CIVIL ACTION CAMP HILL. PA 17011 PRAECIPE TO ENTER JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY, CP: Kindly enter final judgment in the amount of Three Thousand Two Hundred Seventy One and 00/100 ($3,271.00) in the above-entitled matter on the Report and Award of Arbitrators entered on August 27, 2010 finding in favor of the Plaintiff and against the Defendants Amina Prasovic and Vasvija Prasovic. (A copy of the Arbitration Award is attached hereto and marked Exhibit "A".) Ar??slyp6 ?J al!t) Ck#)`4097 gi aSq a s9 "Aice ma;(ed UL F. 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF And now to wit, this day of 2011, Judgment is entered in favor of the Plaintiff and against the Defendant Amina Prasovic and Vasvija Prasovic on the Report and Award of Arbitrators entered on August 27, 2010 O ROTHON TARY PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JENNIFER HILL OF CUMBERLAND COUNTY 3410 W. 12TH STREET ERIE, PA 16505 VS. NO. 09-953 AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CIVIL ACTION CAMP HILL, PA 17011 TO THE PROTHONOTARY, CP: The undersigned attorney for Plaintiff hereby certifies that on January 17r? , 2011 a true and correct copy of the Praecipe to Enter Judgment on Award of Arbitrators was mailed by first class mail, postage pre-paid to the defendant. Amina Prasovic 2004 Highland Circle Camp Hill, PA 17011 and Vasvija Prasovic 2004 Highland Circle Camp Hill, PA 17011 44"V"r PAUL F. 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF EYi e. I rwra -tAcc E. Yah ana g awv ?11J'?HftGf Pkil Plaintiff Qru.;?a /?tsovic a.KOt UatvilaPrtxsoN c Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 44 -- 93 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that a will discharge the duties of our office wi fidelity. Signature Signature 2.... Name (Cha' Name Na Law Firm Address city, zip tx? k A-OLdZ PC. Law Firm 23 3 I MAZV* ` ' Address ? L ?- P?c city, zip n al al 1 Mqzdla- L k;>is, u-c• Law Firm P-00 oo wojnuk ??? • ?h i hd R, 5Lai 33 ) Address ('arCi at, P city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately sated.) ivi -du amoij+l- of ?3?a7l.oo• :. Arbitrator, dissents. (Insert name if applicable, Date of Hearing: 4z t-7- <0 Date of Award: 4it S,e "A A/. A2z;1 Notice of Entry of Award (Chairman) 1L•M., the above award was Now, the ??day of J*j 4!2 at 12 *If entered upon the docket and notice ther*o 8iven by mail to the pariies'or their attorneys. Arbitrators' compensation to be paid updn appeal: $ _ ?.ni? By: thonotary Deputy 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 JENNIFER HILL 3410 W. 12TH STREET ERIE, PA 16505 VS. VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL PA 17011 THIS IS AN ARBITRATION MATTER m co c, C= - , ,-- > c-., COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 2009-00953 CIVIL ACTION PRAECIPE TO ISSUE CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO THE PROTHONOTARY, C.P.: Kindly issue a Certification of Motor Vehicle Judgment against Vasvija Prasovic, Defendant in the above captioned case. Driver's License No.: 28323753 Date of Birth: 05/14/1991 Date of Accident: 10/25/2007 PFD/lc Paul F. D'Emilio, Esquire Attorney for Plaintiff ? ao Pd ` 116# ?a`/SS 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 JENNIFER HILL 3410 W. 12TH STREET ERIE, PA 16505 THIS IS AN ARBITRATION MATTER rrl C0 C- ZZ Cn r" -?' co SF r y„ -0 q C= s-T, - 3;c:: N C ) O r COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 2009-00953 VS. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL. PA 17011 CIVIL ACTION PRAECIPE TO ISSUE CERTIFICATION OF MOTOR VEHICLE JUDGMENT TO THE PROTHONOTARY, C.P.: Kindly issue a Certification of Motor Vehicle Judgment against Amina Prasovic, Defendant in the above captioned case. Driver's License No.: 28323753 Date of Birth: 07/31/1988 Date of Accident: 10/25/2007 PFD/Ic Paul F. D'Emilio, Esquire Attorney for Plaintiff $Soo Pb PLFF C* 16281 &R(0t4 PAUL F. D'EMILIO, ESQUIRE ` 'L~J "~-~'~ ~~''~ ATTORNEY I.D. #16654 `#~~ ~ ~~ PRO7Fi€~~d~";~ *' PAUL M. SCHOFIELD, JR., ESQUIRE 70(~ ~~~' 3) AM 8~ # 1 ATTORNEY l.D. #81$94 905 W. SPROUL ROAD, SUITE 105 ~UM~~R~-~~~ ~I~NEY FOR PLAINTIFF SPRINGFIELD, PA 19064 PENNSYLVANCA (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JENNIFER HILL 3410 W. 12T" STREET ERIE, PA 16505 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 09-953 vs. AMINA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 AND VASVIJA PRASOVIC 2004 HIGHLAND CIRCLE CAMP HILL, PA 17011 CIVIL ACTION AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Vasvija Prasovic, is the same person who is the Defendant in the Cumberland County Common Pleas Action No, 09-953 which was a result of a motor vehicle accident on ~~ctober 25, 2007 ~aue tel. ,SG~'°~, ,~i. Paul M. Schofield, Jr., Esauire SWORN TO ND S B lBED BEFORE M I µ L~~' bAY O Oc 12. ~ S ~~ ~~_ -- IV T LIC C MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ~~ ~~ -- " ~ KATHLEEN BUCKLEY, Notary Public Upper Darby Twp., Delaware County My Commission Expires Juty 8, 2013