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Home My WebLink About06-6131 PAUL F. D'EMILlO, ESQUIRE ATTORNEY 1.0. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE COMPANY AS SUBROGEE OF BRIAN LINDSAY AND MELISSA LINDSAY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. CHASITY MORALES 163 N. WEST STREET CARLISLE, PA 17013 AND DUSHAWN POWEll 605 HOUSTON ACRES MlllSBORO. DE 19966 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. at. - {" (3 , CiulLYf/Z.n1 CIVil ACTION AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN 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 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE. LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 POR CUALQIER QUEJA 0 ALlVIO QUE ESPEDIOO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO. SUS PROPIEDADES 0 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 ESCRITAABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PAUL F. D'EMILlO, ESQUIRE ATTORNEY 1.0. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE COMPANY AS SUBROGEE OF BRIAN LINDSAY AND MELISSA LINDSAY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. CHASITY MORALES 163 N. WEST STREET CARLISLE, PA 17013 AND DUSHAWN POWELL 605 HOUSTON ACRES MILLSBORO. DE 19966 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. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO.Ol.- bIJ( (!'oL'T~ CIVIL ACTION COMPLAINT The Plaintiff, Erie 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, Erie Insurance Company, ("Erie") is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Brian Lindsay and Melissa Lindsay, herein the ("Insured") under a policy of insurance # Q090607724H, issued by Plaintiff. 2. Defendant, Chasity Morales, is an individual residing at 163 N. West Street, 1 Carlisle, PA 17013. 3. Defendant, Dushawn Powell, is an individual residing at 605 Houston Acres, Millsboro, DE 19966. 4. At all times hereinafter mentioned the Defendant, Chasity Morales was the agent, workman, servant and employee of the Defendant, Dushawn Powell then and there in engaged in the business of the Defendant, Dushawn Powell within the course and scope of her employment. 5. On or about October 14, 2005, Plaintiffs Insured was traveling south on E. Chapel Avenue, Harrisburg, PA when a motor vehicle owned by the Defendant, Dushawn Powell and operated by the Defendant, Chasity Morales attempted to make a left hand turn across the other southbound lane and hit the Insured's vehicle 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 Two Thousand Eight Hundred Seventy Three and 26/100 ($2,873.26) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the cost of a replacement vehicle being Four Hundred Seventy One and 78/100 ($471.78) for a total of Three Thousand Eight Hundred Forty Five and 04/100 ($3,845.04) Dollars. A true and correct copy of the checks issued is attached hereto, made part hereof and marked Exhibit "A." Count I Erie Insurance Company v. Chasity Morales 7. Plaintiff, Erie Insurance Company, 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, Chasity Morales, in that she: 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 her 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; i. did operate the vehicle without Insurance; j. did fail to maintain financial responsibility; k. did operate the motor vehicle without a valid drivers licence; and j. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Sections 1543 and 3331 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II Erie Insurance Company v. Dushawn Powell 9. Plaintiff, Erie Insurance Company, 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, Dushawn Powell, in that he: a. negligently entrust his vehicle to another operator for use when he 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 his motor vehicle to a person which he knew, or in the 3 exercise of reasonable care should have known, was an incompetent driver; c. negligently entrust his 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 his motor vehicle to another person who he knew, should have known or in the exercise of due care would have known would cause damages to another; and f. negligently entrust his 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. ~cJ-t ')Yvn~ UL F. D'EMILlO, ESQUIRE ATTORNEY FOR PLAINTIFF 4 . \ .; i VERIFICATION , Subrogation Representative with Omaha Erie 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: ~ ~ Q Cl t-'0 5;~-:{2c.PLA ~ ~~2-~ Su brogation Representative ~~~'t<>~ ':U'i'- .. ----- 02/08/2006 14 : 59 'j Claims Management System Check Print CSPP032B Page: 1 Req : BARKAN , J ______________________________________________________________________N________ CHECK NO 17418598 eMS NO Q418598 Pay TWO THOUSAND ElGHT HUNDRED SEVENTY-THREE AND 26/100 To The Order of For H AND H CHEVROLET 730 E KING STREET PO BOX 98 SHIPPENSBURG, PA 17257 1510 Operator 933LEE Claim 010170832721 BRAIN LINDSAY/01' FORD COLLISION CHECK NO 17418098 Pay FOUR HUNDRED SEVENTY-ONE AND 78/100 eMS NO Q41809B To The Order of For ENTERPRISE RENT-A-CAR PENRAC, INC Operator P.O. BOX 61770 933MCDIFFIT HARRISBURG, PA 17106 1770 Claim 010170832721 BRIAN LINDSAY 57MA 002151 D706677-5710 TRANSPORTATION EXPENSE - COLLISION DATE 11/17/2005 $$$$$$2,873.26 Loss Date 10/14/2005 Tax Id No 2515763450 C Cashed 11/22/2005 DATE 11/16/2005 $$$$$$$$471.78 Loss Date, 10/14/2005 Tax Id No 5216906650 c Cashed 11/22/2005 ~ (J ~ ~ lt1 ........ ~ .Cll ~ ~ & P ~ ~ "--C.. o ,...." r-: e::. ,,:'C: ~ 0 ,-,=" Pi ,., ",': (:) ~,. ('"'")::-f (,3; -1 ifi ;!J r,::,,; -::0 ~ :...~ \O.n Ci :;:( __ ~.J.. ~ot,. ~ T~ 0) _,. (>' -. (5 -;-j ~ ~ {5~ r/"\ . ... .r::-);! " oJ ....., 5::J -:.: SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06131 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIE INSURANCE COMPANY VS MORALES CHASITY ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and lnqulry for the within named DEFENDANT MORALES CHASITY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MORALES CHASITY 163 NORTH WEST STREET CARLISLE, PA 17013 NO LONGER AT 163 N WEST ST. SERVICE WAS ALSO ATTMEPTED AT 236 N BALITMORE Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.68 5.00 10.00 .00 42.68 !f/?JO/Ol, ~ Subscribed to before ---. _ ., Thomas line Ef of Cumberland County Sworn and me this day of A.D. PAUL F. O'EMILlO, ESQUIRE ATTORNEY I.D. #16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE COMPANY AS SUBROGEE OF BRIAN LINDSAY AND MELISSA LINDSAY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. CHASITY MORALES 163 N. WEST STREET CARLISLE, PA 17013 AND DUSHAWN POWELL 605 HOUSTON ACRES MILLSBORO. DE 19966 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 06-6131 Civil Term CIVIL ACTION PRAECIPE TO REINSTATE COMPLAINT IN CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in Civil Action in the above-captioned matter. {lhML PAUL F. O'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ~ ~ ~ ~ \ ...J. Q1 ...-\ ::r: ~~ n"\f: '~~),8 ~ " \ \?J~!; ,,,.-,(-', i. .j: ej :.5\\"\ _A '::6 ~ -v :.;;. - - ('$)