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Home My WebLink About11-6556PAUL 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 ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT OF SUBROGEE OF VIRGINIA WARREN CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. NO. //-,0557Z; KELLY SINGLE CIVIL ACTION 56 SHERWOOD CIRCLE ENOLA PA 17025 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST CLAIMS MUST TAKE ACTION WITTHIN TWENTY (020) DAYS AFTER PAGES, 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 an la corte. Si usted quiere defenderse de estas demandas expuestas an 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 an persona o por abogado y archivar an la corte sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio qua espedido en la peticion 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 SLIFICIENTE 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 051 kt f4r C# 1696 ,?#7 a63s1s 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 VIRGINIA WARREN P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. THIS IS ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY : NO. KELLY SINGLE 56 SHERWOOD CIRCLE 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 C"f c -ate rn? zrn t!1 ? ?D r-- 2 3>C-) x c) 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: N m C rv N w co The Plaintiff, Erie Insurance Exchange, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, with an address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Virginia Warren, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Kelly Single is an individual residing at 56 Sherwood Circle, Enola, PA 17025. rn r-rli=,_ -Orr = co CDT - 4 CD x -n C) M 3. On or about April 6, 2010, Plaintiff's Insured's vehicle was traveling on Old York M t Road, South Middleton Township, Pennsylvania when a motor vehicle operated by the Defendant Kelly Single pulled out in front of Plaintiff's Insured's vehicle causing the vehicles to collide and causing the damages herein after mentioned. 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 Seventy Eight and 391100 ($2,478.39) Dollars plus the Insured's deductible of Five Hundred and 001100 ($500.00) Dollars for a total of Two Thousand Nine Hundred Seventy Eight and 391100 ($2,978.39) Dollars. 5. The occurrence was the result of the negligence of the Defendant Kelly Single 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 observe Insured's property; 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 1543 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. 2 WHEREFORE, Plaintiff demands judgment against the Defendant upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. oa,e8 i?lii Paul F. '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 3 VERIFICATION , 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: b, a Subrogation Representative VERIFICATION na , Subrogation Representative with American Alternative L.aC Insurance Corporation niin?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: ?7 I Subrogation Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED- r E O X 2011 SEP -2 AM 8: ?3 CUMBERLAND'COJNTY PENNSYLVANIA Erie Insurance Exchange vs. Kelly Single Case Number 2011-6556 SHERIFF'S RETURN OF SERVICE 08/25/2011 07:26 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1926 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kelly Single, by making known unto herself personally, at 56 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 August 29, 2011 ":Z:' --- - - RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF 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 VIRGINIA WARREN P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. THIS IS ARBITRATION MATTER KELLY SINGLE 56 SHERWOOD CIRCLE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY c NO. 2011-6556 ri M. r CIVIL ACTION; =C ^C_ STIPULATION TO DISCONTINUE IN LIEU OF DEFAULT Plaintiff, Erie Insurance Exchange A/S/O of Virginia Warren and Defendant, Kelly Single, hereby agree and mutually file this instant Stipulation to mark the above captioned matter "discontinued in lieu of default" upon the following conditions: 1. Defendant admits that she is indebted to the Plaintiff in the amount of Two Thousand Nine Hundred Seventy-Eight and 39/100 ($2,978.39) Dollars. 2. The parties agree the Defendant will pay the Plaintiff the amount of Two Thousand Nine Hundred Seventy-Eight and 39/100 ($2,978.39) Dollars in monthly installments, the first in the amount of Five Hundred ($500.00) Dollars is due upon signing and the remainder in monthly installments of Five Hundred ($500.00) Dollars beginning on or about the last business day of October 2011 and continuing monthly thereafter. 3. In the event of a default of the above listed monthly payment terms the entire sum described in paragraph 1 less any credits is immediately due and payable. 4. Defendant shall have the right to cure a default of any of the terms for ten days. 5. In conjunction with this Stipulation to Discontinue in Lieu of Default there appears attached a Consent Order for Judgment which will be held in escrow to ensure compliance with the terms of this instant Stipulation to Discontinue in Lieu of Default. 6. After 10 days of uncured default Plaintiff shall cause the attached Consent Order for Judgment to be entered with the Court without further notice. 7. All parties agree that this settlement is final and binding on the parties and their heirs, representatives, agents and assigns and proceed with the knowledge that all parties will be barred from appealing or opening any judgment which may or may not be entered in accordance with the terms of this instant stipulation and agreement. 8. Payments shall be made payable to the Law Office of Paul F. D'Emilio and sent to 905 West Sproul Road, Suite 105, Springfield, PA 19064. WE HEREBY STIPULATE AND AGREE TO THE ABOVE CONDITIONS OF SETTLEMENT /A By: f, Pa d& Schofield, Jr., Esquire Attorney for Plaintiff By: %X Why Sin e II Date: q Date: 1014111