HomeMy WebLinkAbout08-0994.'
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
I certify this is a true and
rrect copy of the original
ATTORNEY FOR PLAINTIFF
STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF
COMPANY AS SUBROGEE OF CUMBERLAND COUNTY
WILLIAM T. WALKER
112 E. WASHINGTON STREET DTB 8
BLOOMINGTON, IL 61702-2371
VS.
NO. ?$ - q44 0 ivi t lP.tTn
KAREN TIDWELL
615 HERITAGE COURT
MECHANICSBURG, PA 17050
CIVIL ACTION
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
"ISO
LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED
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.
LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN
PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS
DEFENSAS O 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 FOR CUALQIER QUEJA O ALIVIO QUE
ESPEDIDO 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
ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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
STATE FARM FIRE AND CASUALTY
COMPANY AS SUBROGEE OF
WILLIAM T. WALKER
112 E. WASHINGTON STREET DTB 8 :
BLOOMINGTON, IL 61702-2371
I certify this is a true and
correct copy of the original
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. O P- 9911 &0,1
VS.
KAREN TIDWELL
615 HERITAGE COURT CIVIL ACTION
MECHANICSBURG, PA 17050
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, State Farm Fire and Marine Casualty Company, by its attorney Paul
F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a
statement:
1. The Plaintiff, State Farm Fire and Casualty Company (`Plaintiff') is a Corporation
authorized to do business in the Commonwealth of Pennsylvania, having an office at
the above captioned address, Bloomington, IL 61701-0001.
Plaintiff brings this action as subrogee of William T. Walker, herein the
("Insured") under a policy of insurance #0388-665-31, issued by Plaintiff.
2. Defendant, Karen S. Tidwell ("Defendant "), is an individual residing at the above
captioned address.
3. On or about February 21, 2006, a motor vehicle owned and operated by
Defendant was traveling north on the 700 block of Prince Street in Clovis New Mexico
when she struck the rear of the Insured's vehicle which was also traveling north on
Prince Street causing the damages hereinafter set forth.
4. As a result of the injuries to Plaintiffs Insured and Defendant's failure to maintain
financial responsibility as required by law, Plaintiff has been obligated to pay to its
Insured the sum of Fourteen Thousand Three Hundred Sixty Five and 28/100
($14,365.28) Dollars pursuant to the uninsured motorist's provisions of his insurance
policy.
5. 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 Nine Hundred Forty One and 47/100 ($941.47) Dollars plus the Insured's
deductible of Two Hundred Fifty ($250.00) Dollars for a total of One Thousand One
Hundred Ninety One and 47/100 ($1,191.47) Dollars.
6. The said occurrence was due to the negligence of the Defendant Tidwell, 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 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;
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 Sections 3310, 1301 and 1786 of the
Motor Vehicle Code, pertaining to the operation of motor vehicles.
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.
P ul 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
ATTORNEY VERIFICATION
Attorney Paul F. D'Emilio, Esquire is the attorney for the Plaintiff in this case. This
verification is being made on behalf of the Plaintiff who are currently outside the jurisdiction of
this court and the verification of none of them can be obtained within the time allowed for filing
this Pleading. This verification is being made in accordance with PA.R.C.P. 1024.
Plaintiff's counsel verifies that the information contained in the foregoing Complaint is
true and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 PA.C.S.A Section 4904 relating to
unsworn falsification to authorities.
DATE: _ a - ?-'cDe
Paul F. D'Emilio, Esquire
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00994 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STATE FARM FIRE AND CASUALTY
VS
TIDWELL KAREN
NOAH CLINE Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
m T rT.,nT T TrA nIMYT the
DEFENDANT , at 1320:00 HOURS, on the 14th day of February , 2008
at 615 HERITAGE COURT
MECHANICSBURG, PA 17050 by handing to
MICHAEL TIDWELL, HUSBAND
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
Service
Affidavit
Surcharge
So Answers:
18.00]
9.60
00?
10.00 R. Thomas Kline
.00
37.60 02/15/2008
PAUL D'EMILIO
Sworn and Subscibed to
before me this
of
By
day Deputy Sheriff
A. D.
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
ATTORNEY FOR PLAINTIFF
STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF
AS SUBROGEE OF WILLIAM T. WALKER CUMBERLAND COUNTY
112 E. WASHINGTON STREET DTB 8
BLOOMINGTON, IL 61702-2371
VS.
KAREN TIDWELL
615 HERITAGE COURT
NO. 08-994
CIVIL ACTION
MECHANICSBURG, PA 17050
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.
"ISO
LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED
QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN
LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO
A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION.
LISTED 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 LISTED NO SE
DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR
UNA ORDEN CONTRA LISTED SIN PREVIO AVISO 0
NOTIFICACION 0 POR CUALQIER QUEJA 0 ALIVIO QUE
ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE
PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS
IMPORTANTES PARA USTED.
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
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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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
STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF
AS SUBROGEE OF WILLIAM T. WALKER CUMBERLAND COUNTY
112 E. WASHINGTON STREET DTB 8
BLOOMINGTON, IL 61702-2371
NO. 08-994
VS.
KAREN TIDWELL .
615 HERITAGE COURT CIVIL ACTION
MECHANICSBURG, PA 17050
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.
AMENDED COMPLAINT
The Plaintiff, State Farm Fire and Casualty, by its attorney Paul F. D'Emilio,
Esquire, bring this action upon a cause whereof the following is a statement:
The Plaintiff, State Farm Fire and Casualty ("Plaintiff') is a Corporation
authorized to do business in the Commonwealth of Pennsylvania, having an office at
the above captioned address, Bloomington, IL 61701-0001.
Plaintiff brings this action as subrogee of William T. Walker, herein the
("Insured") under a policy of insurance #0388-665-31, issued by Plaintiff.
2. Defendant, Karen S. Tidwell ("Defendant "), is an individual residing at the above
captioned address.
3. On or about February 21, 2006, a motor vehicle owned and operated by
Defendant was traveling north on the 700 block of Prince Street in Clovis New Mexico
when she struck the rear of the Insured's vehicle which was also traveling north on
Prince Street causing the damages hereinafter set forth.
4. As a result of the injuries to Plaintiffs Insured and Defendant's failure to maintain
financial responsibility as required by law, Plaintiff has been obligated to pay to its
Insured the sum of Fourteen Thousand Three Hundred Sixty Five and 281100
($14,365.28) Dollars pursuant to the uninsured motorist's provisions of his insurance
policy.
5. 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 Nine Hundred Forty One and 47/100 ($941.47) Dollars plus the Insured's
deductible of Two Hundred Fifty ($250.00) Dollars for a total of One Thousand One
Hundred Ninety One and 47/100 ($1,191.47) Dollars.
6. The said occurrence was due to the negligence of the Defendant Tidwell, 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;
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;
L did operate the vehicle without Insurance;
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 Sections 3310, 1301 and 1786 of the
Motor Vehicle Code, pertaining to the operation of motor vehicles.
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
ATTORNEY VERIFICATION
Attorney Paul F. D'Emilio, Esquire is the attorney for the Plaintiff in this case. This
verification is being made on behalf of the Plaintiff who are currently outside the jurisdiction of
this court and the verification of none of them can be obtained within the time allowed for filing
this Pleading. This verification is being made in accordance with PA.R.C.P. 1024.
Plaintiff's counsel verifies that the information contained in the foregoing Amended
Complaint is true and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 PA.C.S.A Section 4904 relating to
unsworn falsification to authorities.
DATE: o)' 020 -Q5t
(11-7ki L R&4
Paul F. D'Emilio, Esquire
IM M
James G. Nealon, III, Esquire
Attorney ID No. 46457
NEALON, GOVER & PERRY
2411 N. FRONT STREET
HARRISBURG, PA 17110
Phone No. (717)232-9900
STATE FARM FIRE & CASUALTY CO.
AS SUBROGEE OF WILLIAM T.
WALKER-112 WASHINGTON ST. DTB
8, BLOOMINGTON, IL 61702-2371,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.08.944-,-
Vs.
KAREN TIDWELL,
Defendant
: CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendant, Karen
Tidwell, with regard to the above-captioned matter.
Respectfully
NEALON & GQVE", .C.
By:
James G. Nealon, III, Esquire
I. D. # 46457
2411 North Front Street
Harrisburg, PA 17110
Date: 3/6/08 717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this day of March, 2008, 1 hereby certify that I have served the
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite'
Springfield, PA 19064
James G. Nealon, III, Esquire
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James G. Nealon, III, Esquire
Attorney ID No. 46457
NEALON, GOVER & PERRY
2411 N. FRONT STREET
HARRISBURG, PA 17110
Phone No. (717)232-9900
STATE FARM FIRE & CASUALTY CO.
AS SUBROGEE OF WILLIAM T.
WALKER-112 WASHINGTON ST. DTB
8, BLOOMINGTON, IL 61702-2371,
Plaintiff
IN THE COURT OF COMMON LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-944- aq q
Vs.
KAREN TIDWELL,
Defendant
CIVIL ACTION - LAW
ANSWER WITH NEW MATTER
OF DEFENDANT. KAREN TIDWELL
1. It is admitted that Plaintiff, State Farm Fire and Marine Casualty Company is a
corporation authorized to do business in the Commonwealth of Pennsylvania, having
an office at the address stated in the Complaint. After reasonable investigation,
Defendant is without sufficient knowledge or information to form an opinion (regarding
the truth of the remaining averments contained in Paragraph 1 of the Plaintiff's
Complaint and proof thereof is demanded.
2. Admitted.
3. It is admitted that in February 2006, Defendant was operating a motor vehicle in
a north bound direction on the 700 block of Prince Street, Clovis, New Mexico. It is
further admitted that Defendant was involved in a motor vehicle accident atlthat time.
Defendant is not sure of the exact date of the accident and proof thereof is demanded.
It is further admitted that the Defendant struck the rear of the vehicle being Operated by
William T. Walker.
4-5. After reasonable investigation, Defendant is without sufficient knowledge or
information to form an opinion regarding the truth of the averments contained in
Paragraphs 4-5 of the Plaintiff's Complaint and proof thereof is demanded.
6. Denied pursuant to Pa.R.C.P. 1029(e).
NEW MATTER
7. Paragraphs 1-6 listed above are incorporated herein by reference thereto.
8. The Plaintiff's claims may be barred by the applicable Statute of Limitations.
WHEREFORE, Karen Tidwell, urges This Honorable Court to enter judgment in
herfavor.
Date: April 3, 2008
Respectfully s
NEALON, G
By:
James G. Nealon, III, Esquire
I. D. # 46457
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
VERIFICATION
I, KAREN S. TIDWELL, verify that the statements made in the foregoing
ANSWER WITH NEW MATTER are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C.S.A. §4904
relating to unsworn falsification to authorities.
Date:3"Xs
"KAREN S. TIDWELL
CERTIFICATE OF SERVICE
AND NOW, this LA day of April, 2008, 1 hereby certify that I have) served the
foregoing document on the following by depositing a true and correct copy) of same in
the United States mail, postage prepaid, addressed to:
Paul F. D'Emilio, Esquire
905 W. Sproul Road, Suite 105
Springfield, PA 19064
James G. Nealon, III, squire
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-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
STATE FARM FIRE AND CASUALTY
AS SUBROGEE OF WILLIAM T. WALKER
VS.
KAREN TIDWELL
ATTORNEY FOR PLAINTIFF
COMMON PLEAS COURT OF
CUMBERLAND COUNTY
NO. 08-994
CIVIL ACTION
REPLY TO NEW MATTER
The Plaintiff, State Farm Fire and Casualty, by its attorney, Paul F. D'Emilio,
Esquire, replies to the New Matter of the Defendant in the above-captioned matter and
sets forth as follows:
7. Plaintiff incorporates by reference the allegations in the Complaint in
paragraphs 1 through 6 as fully as though the same where herein set forth at length.
8. Denied. The allegations are conclusions of law to which no responsive
pleading is required by the Pennsylvania Rules of Civil Procedure. Furthermore, the
allegations contain conclusions of fact and the material facts upon which they are
based are not pleaded with particularity as required by the Pennsylvania Rules of Civil
Procedure.
WHEREFORE, Plaintiff respectfully requests that the New Matter filed by the
Defendant be stricken.
Respectfu y submitted,
Paul . D'Emilio, Esquire
Attorney for Plaintiff
VERIFICATION
Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-captioned matter
verifies that the facts contained in the foregoing Reply to New Matter 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.
(Lft'1::tk
DATE:
'(It
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
ATTORNEY FOR PLAINTIFF
STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF
AS SUBROGEE OF WILLIAM T. WALKER CUMBERLAND COUNTY
NO. 08-994
VS. .
KAREN TIDWELL CIVIL ACTION
CERTIFICATE OF SERVICE
I, Paul F. D'Emilio, Esquire, hereby certify that a true and correct copy of
Plaintiff's Reply to New Matter in the above-entitled matter has been served upon the
following person on the day of April, 2008 by first-class U.S. Mail, postage prepaid:
James G. Nealon, III, Esquire
NEALON, GOVER & PERRY
2411 N. Front Street
Harrisburg, PA 17110
(717) 232-9900
aul F. D'Emilio, Esquire
Attorney for Plaintiff
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State Farm Fire and Casualty Company
as Subrogee of William T. Walker
V.
Karen Tidwell
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-994 2008
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul F. D' Emilio, Esquire , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 15,556.75
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Res tfully submitted,
Ua Paul F. D'Emilio, Esquire
ORDER OF COURT Atty. I.D. # 16654
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
200 , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
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State Farm Fire and Casualty Cbmpany
as Subrogee of William T. Walker
V.
Karen Tidwell
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-994 2008
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paul F. D' Emilio, Esquire , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 15,556. 75
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Res tfully submitted,
W"-
Paul F. D'Emilio, Esquire
ORDER OF COURT Atty. I.D. # 16654
NOW, , 200_.__, in consideration of the foregoing
petition, CAQ H OA alt Esq., and
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Esq., an Esq., are appo' ed arbitrators in the above
captioned action (or actions) as prayed fo .
Court,
By
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STATE FARM FIRE AND CASUALTY
a/s/o WILLIAM T. WALKER,
Plaintiff
V.
KAREN TIDWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-994
CIVIL ACTION
ORDER
AND NOW, this Q04 day of , 2010, it is hereby ORDERED
and DECREED that Angela N. Rainey, Esquire shall be appointed as an arbitrator in this action
and Douglas B. Marcello, Esquire appointment as an arbitrator shall be vacated.
BY THE COURT:
I
Distribu n:
?Attorney4;e6on orney D'Emilio
, Neal o n
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State Farm Fire and Casualty Company
as Subrogee of William T. Walker
Plaintiff
Defendant Civil Action - Law.
County, Pennsylvania No. 08 - 994
Karen Tidwell
eta'
Name
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
wi fidelity.
signature signature isna
George B. Faller Jr.
Name (Chairman)
Martson Law Offices
Law Firm
10 East High Street
Address
Marcellb & Kivisto, LLC
Law Firm
1200 Loolr4 $. . Rd, Ste
15(11 r-oma ,-
Address
Marlin L. Markley, Jr.
Name ail Z. M4'O,y
Law Offices of k //
ter.-=mss:, Jr., LLC
Law Firm
vm 3q110
2448--Market Streets J"* .303
Address
Carlisle, PA 17013 Carlisle, PA 1701$ Camp Hill, PA 17011-~
City, zip city, zip City, zip
`if /1783 Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
6, -C-&4o r 4 ftua- IDeRAJi n - -
In The Court of Common Pleas of Cumberland
Oath
. Arbitrator, dissents. (Insert name if applicable.)
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Date of Hearing:
Date of Award:
(Chairman)
Notice of Entry of Award
Now, the day of, 2016_, at -,(o, IS , -L.M., the above award was
entered upon the docket and notice thereof givim by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $? Rsd . C30
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9 Ata S By
Prothonotary Deputy
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210JAN2s
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STATE FARM FIRE & CASUALTY CO.:
AS SUBROGEE OF WILLIAM T.
WALKER-112 WASHINGTON ST. DTB :
8, BLOOMINGTON, IL 61702-2371,
Plaintiff
Vs.
KAREN TIDWELL, .
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-M 99Y
CIVIL ACTION - LAW
PETITION TO WITHDRAW AS COUNSEL
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1. James G. Nealon, III, Esquire is counsel of record for Defendant, Julie A. Hallett,
in the above captioned matter.
2. Attorney Nealon will be taking an in-house legal position with the Erie Insurance
Company. The position will prevent Attorney Nealon from continuing to represent the
Defendant in the matter.
3. No hearing or other proceedings are currently scheduled in the above captioned
matter.
4. No prejudice will result to Defendant in permitting Attorney Nealon to withdraw as
counsel of record.
5. Attorney has notified Defendant of his new employment. A copy of the
correspondence is attached hereto and incorporated herein by reference as Exhibit "A".
WHEREFORE, Petitioner, James G. Nealon, III, urges this Honorable Court to
permit him to withdraw as counsel of record for the Defendant.
Respectfully submitted,
NEALON LAW FIRM, PC
'Jx Nealon, III, Esquire
I.D. #46457
771
Date: Hummelstown, PA 17036
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NEALON LAW FIRM, P.C.
.lames G. Nealon. Ili
Jnealon ji,mealon-law. coin
February 2, 2010
KAREN S. TIDWELL
615 HERITAGE COURT
MECHANICSBURG, PA 17050
P.O. Box 771
1lummelstown, PA 17036
Phone: 717-648-3133
Fax: 717-585-6547
RE. State Farm & Casualty Co. as Subrogee of William T. Walker v. Karen
Tidwell
Docket No. 08-994
Dear Ms. Tidwell:
This will serve as a follow up to arbitration. As I explained to you, I have taken a
position with Erie Insurance that will prevent me from handling private legal matters.
Enclosed please find a Petition to allow me to withdraw as counsel. As we
discussed, you should contact your Pre-Paid Legal provider to refer you to new counsel.
Thank you for allowing me to represent you.
Very truly yours,
NEAL '45 . I?RM, P.C.
N Jame eal n, III
EXHIBIT "A"
CERTIFICATE OF SERVICE
AND NOW, this day of February, 2010, i hereby certify that a copy of the
foregoing Withdrawal of Appearance was served upon the following via First Class US
Postal Service.
Karen Tidwell
615 Heritage Court
Mechanicsburg, PA 17050
Paul F. D'Emilio, Esquire
905 W. Sproul Road
Suite 105
Springfield, PA 19064
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FILM-0 7-IGE
4TARY,
OF il-47 - Fi=;,^_,? u0"`1
2010 FEB -9 AM 10: 04
CLllvl r °- a -JIM
James G. Nealon, III, Esquire
Attorney ID No. 46457
P.O. Box 771
Hummelstown, PA 17036
jnealon@nealon-law.com
WALKER-112 WASHINGTON ST. DTB :
8, BLOOMINGTON, IL 61702-2371,
Plaintiff
NO. 084= 49L(
Vs.
KAREN TiDWELL,
Defendant CIVIL ACTION - LAW
FEB 0 8 Z011)
STATE FARM FIRE & CASUALTY CO.: IN THE COURT OF COMMON PLEAS OF
AS SUBROGEE OF WILLIAM T. : CUMBERLAND COUNTY, PENNSYLVANIA
RULE TO SHOW CAUSE
AND NOW, this P` day of F"?w
2010, upon
consideration of James G. Nealon, III, Petition to Withdraw as Counsel, IT IS HEREBY
ORDERED that a Rule is hereby issued upon all parties to show cause, if any, why the
requested relief should not be granted.
Rule returnable within Zo days of service.
BY THE COURT:
P. J.
Distribution: /
?J?es G. Nealon, III, P.O. Box 771, Hummelstown, PA 17036
-/?paren Tidwell, 615 Heritage Court, Mechanicsburg, Pa 17050
/Paul F. D'Emilio, Esquire, 905 W. Sproul Road, Suite 105, Springfield, PA 19064
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