HomeMy WebLinkAbout01-7146PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
905 W. SPROUL ROAD, SUITE 107
SPRINGFIELD, PA 19064
(610) 338-0338
Plaintiff(s)
Shelby Insurance Companies
3760 River Run Drive
Birmingham, AL 35243
Defendant(s)
VS.
John Moore
107 Bridge Road
Newville, PA 17241
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY
DIVISION
TERM
NOTICE TO DEFEND
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 judgement
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 TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Reference Service for Cumberland County
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.% 16654
SUITE 107, 905 W. SPROUL ROAD
SPRINGFIELD, PA 19064
(610) 338-0338
ATTORNEY FOR PLAINTIFF
SHELBY INSURANCE COMPANIES
AS SUBROGEE OF TERRY ROWE
3760 RIVER RUN DRIVE
BIRMINGHAM, AL 35243
VS.
JOHN MOORE
107 BRIDGE ROAD
NEWVILLEf PA 17241
THIS IS AN ARBITRATION MATTER
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
CIVIL ACTION
COMPLAINT
The Plaintiff, Shelby Insurance Companies, by its attorney
Paul F. D'Emilio, Esquire, bring action upon a cause whereof the
following is a statement:
1. The Plaintiff, Shelby Insurance Companies successor by
merger to Anthem Insurance Company is a Corporation authorized to
do business in the Commonwealth of Pennsylvania, having an office
at 3760 River Run Drive, Birmingham, AL 35243.
Plaintiff brings this action as subrogee of Terry Rowe
(herein the ,,Insured") under a policy of automobile insurance #
VS000585140, issued by Plaintiff.
2. The Defendant, John Moore, is an individual residing at 107
Bridge Road, Newville, PA 17241.
3. On or about the llth day of June, 2001 at about 12:00 p.m. a
motor vehicle owned and operated by the Insured Terry Rowe was
traveling on Highway Number 533 when the Defendant, John Moore
passed the Insured with his dump truck filled with stones. The
Defendant's truck hit a bump in the road and some of the rocks in
the his dump truck hit the Insured's vehicle causing the injuries
hereinafter set forth.
4. 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 Seven
Hundred Two and 90/100 ($1,702.90) Dollars.
5. The said occurrence was due to the negligence of the
Defendant, John Moore, individually in that he:
a. did fail to have his motor vehicle under proper and
adequate control;
did operate the motor vehicle at an excessive rate of
bo
speed;
c.
did fail to observe Plaintiff's vehicle in accordance
with existing traffic conditions and traffic controls;
d. did permit or allow object from his vehicle to strike
the automobile operated by Plaintiff's Insured;
e. did fail to exercise the degree of care required of a
motorist carrying a load in the back of his truck;
f. did fail to keep a reasonable lookout for other
vehicles lawfully on the road;
g. did operate his motor vehicle without due regard for
the rights, safety and position of the Plaintiff's Insured at the
point aforesaid;
h. did fail to secure his load to prevent stones from
falling off and hitting other vehicles lawfully on the road; and
o. did violate the various statutes and laws of the
Township of New~ille, County of Cumberland, and Commonwealth of
Pennsylvania pertaining to the operation of motor vehicles.
W-~EREFORE, 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.
ATTORNEY FOR PLAINTIFF
'~12-10-2001 10:08 AM
VERIFICATION
NICOLE M. CROCKER, SUBROGATION SPECIALIgT FOR SHELBY
INSURANCE COMPANIES, Plaintiff 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.
DA~: /,~'13' 0/ N~O~-. CROC~
SUBROGATION SPECIALIST
0 .~1
4.1
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-07146 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHELBY INSURANCE COMPANIES
VS
MOORE JOHN
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MOORE JOHN the
DEFENDANT
, at 0011:00 HOURS, on the 27th day of December , 2001
at 107 BRIDGE ROAD
NEWVILLE, PA 17241
by handing to
FRED JOHNSON (ADULT IN CHARGE)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.85
Affidavit .00
Surcharge 10.00
.00
33.85
Sworn and Subscribed to before
me this ~'~ day of
So Answers:
12/28/2001
PAUL F. D'EMELIO
Deputy~heri f f
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #t 6654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL, PA 19422
(610) 941-:3600
ATTORNEY FOR PLAINTIFF
SHELBY INSURANCE COMPANY
AS SUBROGEE OF TERRY ROWE
VS.
JOHN MOORE
IN THE COMMON PLEAS
COURT OF CUMBERLAND COUNTY
NO. 01-7146
CIVIL ACTION
ORDER TO SETTLE~ DISCONTINUE AND END
TO THE PROTHONOTARY, P.C.:
Kindly mark the above entitled matter settled, discontinued and ended upon
payment of your cost only.
Paul ~ D'E~nilio, Esquire
Attorney for Plaintiff