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Home My WebLink About09-5915J 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 THE PMA INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF ARCHITECTURAL CUMBERLAND COUNTY STONE & STUCCO PRODUCTS INC. 380 SENTRY PARKWAY BLUE BELL. PA 19422 vs. CHAD JERKINS 258 WHITE POST LANE BREWTON, AL 36426 NO. 09 - 'S-9/S' e,'vi ?P r w AND WESTERN EXPRESS, INC. 7135 CENTENNIAL PLACE NASHVILLE, TN 37209 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO 0 NOTIFICACION 0 POR CUALQIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA LISTED. 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 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 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 THE PMA INSURANCE GROUP AS SUBROGEE OF ARCHITECTURAL STONE & STUCCO PRODUCTS INC. 380 SENTRY PARKWAY BLUE BELL, PA 19422 VS. CHAD JERKINS 258 WHITE POST LANE BREWTON, AL 36426 AND COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. WESTERN EXPRESS, INC. 7135 CENTENNIAL PLACE NASHVILLE. TN 37209 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, The PMA Insurance Group, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: The Plaintiff, The PMA Insurance Group, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth with an address of 380 Sentry Parkway, Blue Bell, PA 19422. Plaintiff brings this action as subrogee of Stone & Stucco Products Inc. ("Insured") under a policy of commercial liability insurance, issued by Plaintiff. 2. Defendant, Chad Jerkins, is an individual with a address of 258 White Post Lane, Brewton, AL 36426. 3. Defendant, Western Express Inc. is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal office at 7135 Centennial Place, Nashville, TN 37209. 4. At all times hereinafter mentioned, the Defendant Chad Jerkins was the agent, servant, workman or employee of Defendant Western Express Inc. then and there engaged in the business of the Defendant Western Express Inc. acting within the course and scope of his employment. 5. On or about October 29, 2007, a motor vehicle owned by the Defendant, Western Express Inc. and operated by the Defendant, Chad Jerkins was traveling north on 1-81, Southampton Township, Pennsylvania when he changed lanes and struck Plaintiff's Insured's vehicle causing the damages hereinafter described. 6. 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 Fourteen Thousand Four Hundred Fifty Three and 261100 ($14,453.26) Dollars plus the insured's deductible of Five Hundred and 00/100 Dollars ($500.00) for a total of Fourteen Thousand Nine Hundred Fifty Three and 261100 ($14,953.26) Dollars. 2 Count I The PMA Insurance Group v. Chad Jerkins 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, Chad Jerkins 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; 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. Count II The PMA Insurance Group v. Western Express Inc. 3 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, Western Express 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; and 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. WHEREFORE, Plaintiff demands judgment against each Defendant in an amount not in excess of Fifty Thousand and 001100 ($50,000.00) Dollars together with costs of suit. 4 Date: rf __ (I &? Pau. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 5 VERIFICATION Subrogation Specialist with The PMA Insurance Group in the above cap ioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I-1q - ZOD f TE: „ Subrogation Specialist 2009-273 6 !=,LEG?- r1E OF Tp": PP ^ J!7i,?RY CU ????'? or* JTLl -7 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER THE PMA INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF ARCHITECTURAL CUMBERLAND COUNTY STONE & STUCCO PRODUCTS INC. 380 SENTRY PARKWAY BLUE BELL, PA 19422 VS. NO. 09-5915 CIVIL TERM CHAD JERKINS 258 WHITE POST LANE BREWTON, AL 36426 AND WESTERN EXPRESS, INC. 7135 CENTENNIAL PLACE NASHVILLE, TN 37209 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. UL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ML 44? GK? 9yLy ,? 3 ILq 4a C7 0 ~ ~ . c- ~, =h -t~ ~, , ~ i r ~ !'1 I ~.,~, C3 ~~ Common Pleas Court of ry ,-' ~ ~ ~:~ Cumberland County, Pennsylvania ~: {'~"' THE PMA INSURANCE GROUP AS SUBROGEE OF case No.: 09-5915 -~ o ARCHITECTURAL STONE & STUCCO PRODUCTS ) INC. ) Plaintiff j Qut Of Ooun v. ) __,., ~~.a ty CHAD JERKINS AND WESTERN EXPRESS INC. ) ~ ---...~ ~~ - (} (i~i, Defendant ) A.$hot>< , AFFIDAVIT OF CORPORATE SERVICE That I, _ ,hereby solemnly affirm under the penalties of perjury and upon personal knowledge that the certents cf tl:e f '.ler:ing dccur.,ert ~e true and do affirr. I am a ccmpetcrt perscr, over 18 years cf age and nci a party tc this action. That on ~/~/~ at ~:~~/pm at I served Western Express Inc. with the following list of documents: Civil Complaint b then ~fi}d there personally delivering a true and correct copy of the documents into the hj~ds of and leaving with -~~iRl~Jj~~9~'l/~J, Q!¢ ,whose Title is ~f~f ~~91~1~ ,~~/S~•fr°r~ t~1 ~A'~f '~ t ~5 Cpl ~n ~c.W' ~ j~~~ I~r9s~,~;~ `Tit.> 3 Zv Address City State Zip That the above-named person served stated they had the authority to accept as the Legal Representative for the above listed person or entity being served. 06 ~ 1 ~{' ~ 1 That the description of the person actually served is as follows: Skin: Sex: Age: Height: Weight: _ Hair: Glasses: ~A. Shon~in ~~. _ ~ ~ Due ProcesslJ A, Inc. Executed on: 8950 Route 10 ,Suite 100 Columbia, MD .1045 (8G0)228-0484,` Sub a swo o before me, a notary public, on this ~,~ day of , 2009. . /,. Notary Public My Commission Expires: ~ Z '~ ~- ID:04-025493 Client Reference: OneilUS7'EPH-2009-273 Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Stephanie L. Hersperger, Esquire E-mail: shersperger@tthlaw.com Attorney I.D. No. 78735 (717) 255-7239 THOMAS, THOMAS 8 HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 FiL~D-+:; r;CE 2010 J~~d 13 I'P~ ! : 2 5 Attorneys for Defendants: CHAD JERKINS and WESTERN EXPRESS, INC. THE PMA INSURANCE GROUP AS SUBROGEE OF ARCHITECTURAL STONE & STUCCO PRODUCTS, INC., Plaintiff v. CHAD JERKINS and WESTERN EXPRESS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO.09-5915 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Stephanie L. Hersperger, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Chad Jerkins and Western Express, Inc., in the above-captioned matter, reserving our right to answer Plaintiff s Complaint. Respectfully submitted, 7686i6.i THOMAS, THOMAS &HAFER, LLP By: STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendants, CHAD JERKINS AND WESTERN EXPRESS, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the _ day of January, 2010, on all counsel of record as follows: Paul F. D'Emilio, Esquire Paul M. Schofield, Jr., Esquire D'EMILIO LAW OFFICES goy West Sproul Road, Suite io5 Springfield, Pennsylvania i9o64 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire 7686i~.i