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Home My WebLink About12-1099PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER 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 OF SUBROGEE OF JAMIE ARNOLD CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO. I a+ ' ?OQ9 VS. SAMUEL MCKNIGHT 501 MADISON STREET NE WASHINGTON, DC 20011 AND FELICIA MCKNIGHT-GREY 3123 QUEEN CHAPEL ROAD, APT. 203 CIVIL ACTION MT RANIER MD 20712 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 AVISO cz c ?r3 rnco =M tA? .C® Z? D rn co N rv rn C -•r Df Le han demandado a usted en 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 presenter una apariencia escrita o an persona o por abogado y archivar en la corte sus defenses 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 an 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 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 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 (i) io5.15 PO ATty c!r 18(048 a'7i3oy 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 OF SUBROGEE OF JAMIE ARNOLD CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO. VS. SAMUEL MCKNIGHT 501 MADISON STREET NE WASHINGTON, DC 20011 AND FELICIA MCKNIGHT-GREY 3123 QUEEN CHAPEL ROAD, APT. 203 CIVIL ACTION MT. RANIER, MD 20712 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: The Plaintiff, Erie Insurance Exchange, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, a mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Jamie Arnold herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Samuel McKnight, is an individual residing at 501 Madison Street NE, Washington, DC 20011. 3. Defendant, Felicia McKnight-Grey, is an individual residing at 3123 Queens Chapel Road, Apt. 203, Mt. Rainer, MD 20712. 4. At all times hereinafter mentioned the Defendant, Samuel McKnight was the agent, workman, servant and employee of the Defendant, Felicia McKnight Grey then and there in engaged in the business of the Defendant, Felicia McKnight Grey within the course and scope of his employment. 5. On or about June 10, 2010, Plaintiff's Insured's vehicle was traveling on College Hill Road, East Pennsboro Township, Pennsylvania when a motor vehicle owned by the Defendant, Felicia McKnight Grey and operated by the Defendant, Samuel McKnight made a left turn in front of Plaintiff's Insured's vehicle causing the vehicles to collide and causing the damages hereinafter set forth. 6. 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 Seven Thousand Thirty Four and 68/100 ($7,034.68) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a replacement vehicle being One Thousand Thirteen and 00/100 ($1,013.00) Dollars less payments received being One Hundred Twenty Five and 00/100 ($125.00) for a total of Eight Thousand Four Hundred Twenty Two and 68/100 ($8,422.68) Dollars Count I Erie Insurance Exchange v. Samuel McKnight 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 solely to the negligence of the Defendant, Samuel McKnight, in that he: 2 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 turn 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 3323 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. Felicia McKnight-Grey 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 do to the negligence of the Defendant, Felicia McKnight-Grey in that she: a. negligently entrust 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; 3 b. negligently entrust 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 entrust 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; d. negligently entrust 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 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 in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. IA_'? Pa 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 4 VERIFICATION , Subrogation Specialist 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 unswoln falsification to authorities. DATE: / /Y" Subrogation Specialist 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 OF SUBROGEE OF JAMIE ARNOLD CUMBERLAND COUNTY P.O. BOX 2013 . MECHANICSBURG, PA 17055 NO. 12-1099 VS. . SAMUEL MCKNIGHT 501 MADISON STREET NE WASHINGTON, DC 20011 rr -= AND ; Cn FELICIA MCKNIGHT-GREY 3123 QUEEN CHAPEL ROAD, APT. 203 CIVIL ACTION " - MT. RANIER, MD 20712 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. PAWL F. D' 10, ESQUIRE ATTORNEY FOR PLAINTIFF A e iawl &'jlage9 Common Pleas Court of Cumberland County, Penns}'lvania ERIE INSURANCE EXCHANGE AS SUBROGEE OF ~ Case No.: 12-1099 JAMIE ARNOLD Plaintiff v. SAMUEL MCKNIGHT AND FELICIA MCKNIGHT- GREY Defendant AFFIDAVIT OF NON-SERVICE "Chat 1. Paul Johnson, hereby solemnly declare under the penalties of perjury and upon personal knowledge that the contents of the following document are true and do affirm I am a competent person over 18 years of age and not a party to this action. That attempts were made to serve Felicia Mcknight-Grey at l21 Onondaga Drive, Oxon Hill, MD 20745 with the following list of documents; Civil Action, Complaint, and Verification. That the fee for this service is $108.90 Service Attemats Date/Time Reason for Non-Service 09/28/12 7:28 PM Per current resident, defendant has moved out. - -- `~ -~ d r ~- PaulJohnso Ex cute on: Due Process SA, Inc,. 8950 Route 108, Suite 100 Columbia, MD 21045 (800) 228-0484 Subscribed and sworn to before me, a notary public, on this ~~~~ _ day of~~~~~~~ X012. ~.} ~ My Commission Expires: ~ '.Votary blic ~ - _~~, ~ ~ /) m iz-o5lozs Client Reference. James+WllBIS-201 I-364 Common Pleas Court of Cumberland County, Pennsylvania C7 e as subro ee of Jamie Arnold ) ' Erie Insurance Exchange g ) Case No.: 12-1099 MOD 7,r-- - r.^, Plaintiff ) ... CD V. i—'��CD Samuel McKnight and Felicia Mckni t-Gre ) -� ' ev ter. C', Defendant ) AFFIDAVIT OF NON-SERVICE That 1,ReShae Parson,hereby solemnly declare under the penalties of perjury and upon personal knowledge that the contents of the following document are true and do affirm I am a competent person over 18 years of age and not a party to this action. That attempts were made to serve Felicia Mcknight-Grey at 708 Kaplan Ct.,Hyattsville,MD 20785,Prince George's County with the following list of documents;Complaint in Civil Action&Notice. That the fee for this service is$203.90 Service Attempts Date/Time Reason for Non-Service 05101/13 12:23 PM Neighbor at 706 Kaplan Court stated that defendant does not live at the address anymore. 05/01/13 12:23 PM Neighbor at 706 Kaplan Court stated that defendant does not live at the address anymore. 05/06/13 11:12 AM A new address has been found by skip trace of 708 KAPLAN CT APT 107, HYATTSVILLE,MD 20785. 05/14/13 3:29 PM No new address has been found for the defendant by skip trace. 05114/13 3:30 PM Postal Change of Address sent 708 Kaplan Ct., Hyattsville, MD 20785,Prince George's County 05/16/13 12:16 PM 708 Exists but is not an apartment. This address is also vacant. eShae arson Executed on: ue ProcessUSA,Inc. 8950 Route 108,Suite 100 Columbia,MD 21045 (800)228-0484 Subscribed and sworn to before me,a notary public,on this 2—tp day of 1 ,2013. V Not is My Commission Expires: 2,— 2CH -O ID:13-054479 Client Reference:D'Emilio/wILBE-2011-364 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 OF SUBROGEE OF JAMIE ARNOLD CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 NO. 12-1099 VS. SAPv DUEL MCKNIGHT c 501 MADISON STREET NE 2=Cu WASI IINGTON, DC 20011 ' `. �n,-1- AND < FELICIA MCKNIGHT-GREY 3127 CUEEN (71HAPEL ROAD, APT. 203 CIVIL ACTION MT NIER, 20712 _ r: PRAECIPE TO REINSTATE THE COMPLAINT TOT'__ Pi ;J NOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. vet�� PA I 1 UIRE AT FRNEY FOR PLAINTIFF $1). 15 PA RTT/ 02.31 q to X4$.058 In the Court of Common Pleas of Cumberland County,Pennsylvania Orphans Court Division Erie Insurance Exchange as Subrogee of Jamie Arnold ) H111 PR T H1'0 `0 T;`i Case No.: 12-1099 Court Date: at ,Ii11��EFR AhD C0Uit11 ! Plaintiff ) PENNSYLVANIA V. ) Samuel McKnight and Felicia McKnight-Grey ) Defendant ) AFFIDAVIT OF NON-SERVICE That I,Damon Thomas,hereby solemnly declare under the penalties of perjury and upon personal knowledge that the contents of the following document are true and do affirm I am a competent person over 18 years of age and not a party to this action. That attempts were made to serve Samuel McKnight at 6531 Landover Rd Apt 104,Cheverly,MD 20785 with the following list of documents;Civil Complaint. That the fee for this service is$332.80 Service Attempts Date/Time Reason for Non-Service 12/08/13 11:15 AM Mr. McKnight doesn't live at residence. Ms. Beaver stated that she moved into the house in April and that she doesn't know Mr. McKnight. Neighbor at 706 stated house been vacant for awhile since April. 12/09/13 11:02 AM A new address has been found for the defendant by skip trace of 6531 Landover Rd Apt 104,Cheverly, MD 20785. 12/16/13 9:45 PM Saw someone watching tv with lights on in bedroom, Knocked on door and they hurried and turned off all the lights and tv. 12/22/13 1:55 PM Mr. McKnight was evicted 3 months ago. 12/23/13 9:52 AM The address of 6531 Landover Rd Apt 104,Cheverly, MD 20785 is still showing as current for the defendant by skip trace. 12/23/13 9:53 AM Postal Change of Address sent 6531 Landover Rd Apt 104,Cheverly, MD 20785 Damon Thomas Executed on: Contracted by Due ProcessUSA,Inc. 10005 Old Columbia Rd Suite M-150 Columbia,MD 21046 (800)228-0484 ID: 13-057152 Client Reference:W11,BE-2011-364 Common Pleas Court of Cumberland County, Pennsylvania c 1, C_— �t Erie Insurance Exchange as Subrogee of Jamie Arnold Case No.: 12-1099 M� i r- W, Date: at tin �j Plaintiff tom--- V. Samuel McKnight and Felicia McKnight-Grey ) zC' N � Defendant ) AFFIDAVIT OF NON-SERVICE That 1,Marc DiPaolo,hereby solemnly declare under the penalties of'petjury and upon personal knowledge that the contents of the following document are true and do affirm I am a competent person over 18 years of age and not a party to this action. That attempts were made to serve Felicia McKnight-Grey at 4641 Seminary Rd Apt 204, Alexandria, VA 22304 with the following list of documents;Civil Complaint. That the fee for this service is$332.80 Service Attempts Date/Time Reason for Non-Service 12/04/13 6:15 PM Address given of 4841 Seminary Road, Apt, 204,Alexandria, VA 22304 does not exist,confirmed with local mail man as well as ups man 12/05/13 3:39 PM A new address has been found for the defendant by skip trace of 4641 Seminary Rd Apt 204, Alexandria, VA 22304. 12/05/13 8:40 PM No answer at door 12/06/13 7:30 PM No answer at door 12/08/13 4:45 PM No answer at door. A we missed you sticker was on door from Arons furniture rental for 9:30 am lvtat uiPaolo Executed on: Contracted by Due ProcessUSA, Inc. 10005 Old Columbia Rd Suite M-150 Columbia, MD 21046 (800)228-0484 ID: 13-057153 Client Reference:WILBE-2011-364 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 OF SUBROGEE OF JAMIE ARNOLD CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 • NO. 12-1099 VS. • • SAMUEL MCKNIGHT =;v� 501 MADISON STREET NE • WASHINGTON, DC 20011 • • c' AND `s' c - • FELICIA MCKNIGHT-GREY yc 3123 QUEEN CHAPEL ROAD, APT. 203 : CIVIL ACTION MT. RANIER, MD 20712 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned ma -r. PA j F. .1 MILIO, ESQUIRE ATE •RNEY FOR PLAINTIFF V_Jok