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Home My WebLink About10-2044kl 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 WE FIEL INSURANCE COMPANY COMPANY AS SUBROGEE OF JOSEPH REVENIS 1 PARK CIRCLE WESTFIELD CENTER, OH 44251 VS. MICHAEL DIGNAZIO 6032 ND STREET ENOLA, PA 17025 AND HEIDI DIGNAZIO 5032 ND STREET ENOLA, PA 17025 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 MATTEF2 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF - - CUMBERLAND COUNTY NO. (p D44 CIVIL ACTION rU q ?a w C C1Vi (Tero?' "ISO n r-? J rn Le han demandado a usted an Is corte. Si usted quiers defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dies de plazo a partir de Is fecha de Is demands y la notification. Usted debe presenter una spariencia escrita o an persona o por abogado y archivar an Is corte sus defensas o sus objeciones a [as 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 qua 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 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 O 4Qj.oo pp AT ry co I ((QD a393a7 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 WESTFIELD INSURANCE COMPANY COMPANY AS SUBROGEE OF JOSEPH REVENIS 1 PARK CIRCLE WESTFIELD CENTER, OH 44251 VS. MICHAEL DIGNAZIO 5032 ND STREET ENOLA, PA 17025 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. HEIDI DIGNAZIO 5032 ND STREET CIVIL ACTION ENOLA. PA 17025 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, Westfield Insurance Company, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Westfield Insurance Company ("Plaintiff') is a Corporation THIS IS AN ARBITRATION MATTER authorized to do business in the Commonwealth of Pennsylvania, having an office at 1 Park Circle, Westfield Center, OH 44251. Plaintiff brings this action as subrogee of Joseph Revenis, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Michael Dignazio, is an individual residing at 503 2"d Street, Enola, PA 17025. 3. Defendant, Heidi Dignazio, is an individual residing at 503 2nd Street, Enola, PA 17025. 4. At all times hereinafter mentioned the Defendant Michael Dignazio was the agent, workman, servant and employee of Defendant Heidi Dignazio and was engaged in the business of Defendant Heidi Dignazio and was acting within the course and scope of his employment. 5. On or about November 4, 2008 a motor vehicle owned by the Defendant Heidi Dignazio and operated by the Defendant Michael Dignazio was traveling on State Street, Enola, Pennsylvania when he struck the Insured's vehicle which was legally parked causing the damages hereinafter set forth. 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 One Thousand Nine Hundred Eighty and 17/100 ($1,980.17) Dollars. Count I Westfield Insurance Company v. Michael Dignazio 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 due to the negligence of the Defendant Michael Dignazio, 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 fail to maintain financial responsibility; and j. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland pertaining to the operation of motor vehicles Count II Westfield Insurance Company v. Heidi Dignazio 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 said occurrence was do to the negligence of the Defendant Heidi Dignazio, 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; e. negligently entrust her motor vehicle to another person who she knew, should have known or in the exercise of due care would have known was an excluded driver; negligently entrust her 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. 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 M /A VERIFICATION j? ay?A(cvN , Subrogation Representative with Westfield Insurance Company 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: C? s `) Subrogation Representative r1 b F? JOY SHERWIN Notary Public In and for the State of Ohio My Commission Expires February 2, 2011 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 WESTFIELD INSURANCE COMPANY COMPANY AS SUBROGEE OF JOSEPH REVENIS ?+ VS. MICHAEL DIGNAZIO AND HEIDI DIGNAZIO ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY , C) NO. 2010-2044 U= n_ f", % rj J 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, Westfield Insurance Company, and against the Defendant's, Michael Dignazio and Heidi Dignazio, for want of an answer, and assess Plaintiff's damages in the sum of $1,480.17 in accordance with a Complaint filed. (4P6&12& PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prot assesses Plaintiffs damages in the sum of $1,480.17. P OTHY ? aY$Sf ? 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 WESTFIELD INSURANCE COMPANY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JOSEPH CUMBERLAND COUNTY REVENIS NO. 2010-2044 VS. MICHAEL DIGNAZIO AND HEIDI DIGNAZIO AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANT AND PLAINTIFF Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-entitled matter hereby certifies that the following is the last known mailing address of the Defendant's and Plaintiff: DEFENDANT: MICHAEL DIGNAZIO AND HEIDI DIGNAZIO 5032 ND STREET ENOLA, PA 17025 PLAINTIFF: WESTFIELD INSURANCE COMPANY 1 PARK CIRCLE WESTFIELD CENTER, OH 44251 PAUL 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF WESTFIELD INSURANCE COMPANY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JOSEPH CUMBERLAND COUNTY REVENIS NO. 2010-2044 VS. MICHAEL DIGNAZIO AND HEIDI DIGNAZIO AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE SS 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's, Michael Dignazio and Heidi Dignazio, are over twenty-one years of age and that they are 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. 119/1409- PAUL F. 07-MILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 G DAY OF SEPTEMBER, 2010. f `A ?_ NOTARY PUBLIC- COMMON - - LTH OF PENNSYLVANIA NOTARIAL SEAL MELISSA O'NEILL, Notary Public Springfield Twp., Delaware County Commissian E nee BesemW 6.2011 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 WESTFIELD INSURANCE COMPANY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JOSEPH CUMBERLAND COUNTY REVENIS NO. 2010-2044 VS. MICHAEL DIGNAZIO . AND HEIDI DIGNAZIO AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Westfield Insurance Company, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on May 17, 2010 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". MICHAEL DIGNAZIO AND HEIDI DIGNAZIO 5032 ND STREET ENOLA, PA 17025 SWORN TO AND SUBSCRIBED BEFORE ME THIS 16+-h DAY OF SEPTEMBER, 2010. NOTARY PUBLIC Oft MONWFALTH OF PENNSYLVANIA NOTARIAL SEAL MELISSA O'NEILL, Notary Public Springfold Twp„ Delaware County Nt Grmm+?sion E 8e?nt?er d, ;?q11 PAUL 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 WESTFIELD INSURANCE COMPANY COMPANY AS SUBROGEE OF JOSEPH REVENIS 1 PARK CIRCLE WESTFIELD CENTER, OH 44251 VS. MICHAEL DIGNAZIO 5032 ND STREET ENOLA, PA 17025 AND THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 10-2044- CIVIL TERM HEIDI DIGNAZIO 5032 NO STREET CIVIL ACTION ENOLA, PA 17025 DATE OF NOTICE: MAY 17, 2010 TO: MICHAEL DIGNAZIO 503 SECOND STREET ENOLA, PA 170925 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 UL F. ?D'EMILIO, ESQUIRE 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 WESTFIELD INSURANCE COMPANY COMPANY AS SUBROGEE OF JOSEPH REVENIS 1 PARK CIRCLE WESTFIELD CENTER, OH 44251 VS. MICHAEL DIGNAZIO 5032 ND STREET ENOLA, PA 17025 AND THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 10-2044- CIVIL TERM HEIDI DIGNAZIO 5032 ND STREET CIVIL ACTION ENOLA. PA 17025 DATE OF NOTICE: MAY 17, 2010 TO: HEIDI DIGNAZIO 503 SECOND STREET ENOLA, PA 170925 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 O&MX4 P L F. D'EMILIO, ESQUIRE gocl - - - - - - - - - - - - - - unurEDSTenis ppSTdLSERVKE• Certificate Of Mailing a Law Offices of Paul F. D'Emilio, LLC .A' 905 W. Sproul Rd., Suite 105 Springfield, PA 1906 4 To: Michael Dignazio °' a 503 Second Street VA 17025 - EnGla aan , PS Form 3817, April 2007 PSN 7530-02-000-9065 US P 0 C; T i(3,, ? d Tay UNfrSDSTATES • Certificate Of Mailin g ,?fir ilu` Law Offices of M, Paul F. D'Emilio, LLC w 'lu 905 W. Sproul Rd., Suite 105 Springfield, PA 19064 •'?• ,, `i° T° Heidi Dignazio? ,. 503 Second Street Enola, PA 17025 3 - „ r:. PS Form 3817, April 2007 PSN 7530-02-000-9065 US POSTA, J: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) WESTFIELD INSURANCE COMPANY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JOSEPH CUMBERLAND COUNTY REVENIS NO. 2010-2044 VS. MICHAEL DIGNAZIO AND HEIDI DIGNAZIO Notice is given that a judgment in the above captioned matter has been entered against you on 2U 2010. Proth ry 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) WESTFIELD INSURANCE COMPANY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JOSEPH CUMBERLAND COUNTY REVENIS : NO. 2010-2044 VS. MICHAEL DIGNAZIO AND HEIDI DIGNAZIO ' Notice is given that a judgment in the above captioned matter has been entered against you on 2010. ) OP P 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