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Home My WebLink About10-2907L/4(AUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, 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 FREDERICK W. WALLISH 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. SAMANTHA OWCZAREK 1441 STATE ROAD DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD . 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. 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 P rt i. THIS IS AN ARBITRAT18 SI R, ;7'Y ATTORNEY FOR PLAT 410--' ',•?y.? COMMON PLEAS COURT CUMBERLAND COUNTY NO. I[) - a40j l ter-ftl G?yt' CIVIL COMPLAINT "ISO Le han demandado a usted an Is corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dias de plazo a partir de Is fecha de Is demands y Is notificacion. Usted dabs presenter una apariencia escrita o an persona o por abogado y archivar an Is corte sus defenses o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, Is corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio qua espedido on Is peticion de demands. Usted puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O 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 O ?? 1155$ PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, 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 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT COMPANY AS SUBROGEE OF CUMBERLAND COUNTY FREDERICK W. WALLISH . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. SAMANTHA OWCZAREK NO. 1441 STATE ROAD DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD MECHANICSBURG, PA 17050 CIVIL COMPLAINT NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §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. The Plaintiff, State Farm Fire and Casualty Company, 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 Company, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, with a address of 112 E. Washington Street, DTB 8, Bloomington, IL 61701. Plaintiff brings this action as subrogee of Frederick W. Wallis, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Samantha Owczarek is an individual residing at 1441 State Road, Duncannon, PA 17020. 3. Defendant, Bruce E. Killinger III, is an individual residing at 544 N. Locust Point Road, Mechanicsburg, PA 17050. 4. At all times hereinafter mentioned Defendant Samantha Owczarek was the agent, workman, servant, employee of Defendant Bruce E. Killinger III then and there in engaged in the business of Defendant Bruce E. Killinger III within the course and scope of her employment 5. On or about July 25, 2009, a motor vehicle owned and operated by Defendant Samantha Owczarek was traveling north on SR 0081, East Pennsboro Township, Pennsylvania without lights when she stopped the vehicle in the lane of traffic causing Plaintiff's Insured to rear-end the Defendant's vehicle and causing the damages hereinafter set forth. 6. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Five Thousand One Hundred Ninety and 36/100 ($5,190.36) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of Five Thousand Six Hundred Ninety and 361100 ($5,690.36) Dollars. Count I State Farm Fire and Casualty Company v. Samantha Owczarek 7. Plaintiff, incorporates by reference all 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 to the negligence of Defendant, Samantha Owczarek, 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 stop the vehicle in the middle of the roadway; g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; h. did operate the motor vehicle without due regards for the rights, safety and position of the Insured at the point of aforesaid; i. did drive under the influence of alcohol and/or drugs; j. did operate the vehicle without Insurance; k. did fail to maintain financial responsibility; and I. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3353 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II State Farm Fire and Casualty Company v. Bruce E. Killinger III 9. Plaintiff, incorporates by reference all 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 due to the negligence of Defendant, Bruce E. Killinger III in that he: a. negligently entrusted 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 entrusted his motor vehicle to a person which he knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrusted 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 entrusted 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 e. negligently entrusted his motor vehicle to a person who he knew, should have known or in the exercise of due care would have known was under the influence of alcohol and/or drugs; and f. negligently entrusted 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 Defendant upon each court in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date ()L4??L P ul F. D'Emilio, Esquire Identification No. 16654 E-mail address: paulde-demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: paulsO-demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 04/12/2010 LYON 10:16 FAX 610 338 0303 Law Off. Of Paul D' Emilio 1@007/007 VERIFICATION , Subrogation Specialist with State Farm Fire and Casualty 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 unswom falsificatior) to authorities. Date: Subrogation Specialist SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~at, ~t `Rr~riGr~~~~1b }, -~ '~~-. ~sFf ,~ - c -.: - :.-cc.~.ir=F '\ t,_ rl~ TI ~_. i '. .. ... ry~.~ Jody S Smith Chief Deputy Edward L Schorpp SOIIC/tOr 2010 i~;~'~ ~.'.u ~-, 8~ 58 Cl;,r_ „~'.jf~i [ State Farm Fire & Casualty Company Case Number vs. Bruce E. Killinger, III (et al.) 2010-2907 SHERIFF'S RETURN OF SERVICE 05/03/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Samantha Owczarek, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 05/07/2010 Perry County Return: And now May 7, 2010 at 0954 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samantha Owczarek by making known unto Rose Owczarek, Mother of defendant at 1441 State Road, Duncannon, PA 17020 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Bruce E. Killinger III, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Bruce E. Killinger III. Justin McCurdy, current resident of 544 N. Locust Point Road, Mechanicsburg, PA 17050 advised Deputies Bruce E. Killinger III does not reside at this address. The Mechanicsburg Postmaster confirmed Bruce E. Killinger III is not known at 544 N. Locust Point Road, Mechanicsburg, PA 17050. SHERIFF COST: $67.00 May 19, 2010 (c; CountySuile She~~ff. Te~eosoft, Ina. SO ANSWERS, ..., RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF State Farm Fire & THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, Casualty Company PERRY COUNTY BRANCH Versus Samantha Owczarek No. 2010-2907 Cumberland Co. SHERIFF'S RETURN And now May 7 , 2010: Served the within name Samantha Owczarek the defendant(s) named herin, personally at her place of residence in Penn Twp- 1441 State Rd., Duncannon, Perry County, PA, on May 7 , 2010 at 9:54 o'clock AM by handing to Rose Owczarek, defendant's mother 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this ~~`'1 day of ~ a ~~~ p So answers Alan D. Houck Badge #8-3 1'hc~ ~ `~ (~~ ,~-~: ~ _ y Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA IV~fA~ilA~3EAI. MA(~UARET ~. FF{.ICCKINCEA, Notary Ptrb4ic ~t0omiield 8aro. Perry "r,~anrv M Commission Cx ir~!s i"~~~. ~~ 2t~i2 r' PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER STATE FARM FIRE AND CASUALTY . COMPANY AS SUBROGEE OF FREDERICK W. WALLISH . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 . VS. . SAMANTHA OWCZAREK 1441 STATE ROAD . DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD . MECHANICSBURG. PA 17050 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 10-2907-CIVIL TERM ~_ ,•.7 -~_> ~- "CF l r7 ~.. ~'?y ri l .,.. .~. r~.f E j . G~, c:~~ `-- CIVIL COMPLAINT ~ ~ ~c ~ ORDER FOR JUDGMENT AND ASSESSMENT OF DAMAGES ~: ~, TO THE PROTHONOTARY, C.P.: -w- Enter Judgment in the above entitled matter in-favor of the Plaintiff, State Farm Fire and Casualty Company and against the Defendant, Samantha Owczarek, for want of an answer, in accordance with the Complaint filed and assess damages in the sum of $5,690.36. _ ~', I ':i:,. .:~w L F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF Proth a ss s P intiffs damages in the sum of $5,690.36. PR Y ~~9/10 ~, ~~~ ~y ~a ~~Ny J'~~,,r,.o a~~ ~a3~~ ~C.~ ~~~~/~// ~tl~~er `Y'~icl1~ PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-033$ THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT COMPANY AS SUBROGEE OF CUMBERLAND COUNTY FREDERICK W. WALLISH 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. SAMANTHA OWCZAREK NO. 10-2907-CIVIL TERM 1441 STATE ROAD DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD MECHANICSBURG. PA 17050 CIVIL COMPLAINT AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DELAWARE PAUL F. D'EMILIO, being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf; and that he has knowledge of the facts set forth herein: That Defendant, Samantha Owczarek, is overtwenty-one years of age and that she is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amended. SWORN TO AND SUBS RIBED BEFORE ME THISa?~DAY OF JU1..Y, 2010. ,~ DdOTARY PUBLIC " COMMONWEALTH OF PENNSYLVANIA NQTARIAL SEAL MELISSA O'NEILL, Notary PubNc Springfield Twp., Delaware Coun P UL F. D'EMILIO, ESQUIRE PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, 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 COMPANY AS SUBROGEE OF CUMBERLAND COUNTY FREDERICK W. WALLISH 112 E. WASHINGTON STREET DTB 8 BLOOM{NGTON, IL 61701 VS. SAMANTHA OWCZAREK 1441 STATE ROAD DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD MECHANICSBURG, PA 17050 NO. 10-2907-CIVIL TERM CIVIL COMPLAINT AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, State Farm Fire and Casualty Company, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on June 5, 2010 to the Defendant listed below by Certificate of Mailing; a copy of the Notice and the original certification of mailing are attached hereto, made a part hereof, and marked Exhibit "A." Samantha Owczarek 1441 State Road Duncannon, PA 17020 SWORN TO AND St~,~,~S~~RIBED BEFORE ME THIS ~~SrlaDAY OF J LY, 2010. OTARY PURL C COMMONWEAL OF PENNSYLyANIA MEUBSA 0 NEIL N L sP~n98eid Twp„ Delaware Coun Commission res p~ X11 THIS IS AN ARBITRATION MATTER AUL . D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER STATE FARM FIRE AND CASUALTY COMPANY AS SUBROGEE OF FREDERICK W. WALLISH 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. SAMANTHA OWCZAREK 1441 STATE ROAD DUNCANNON, PA 17020 AND BRUCE E. KILLINGER III 544 N. LOCUST POINT ROAD MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 10-2907-CIVIL TERM CIVIL COMPLAINT DATE OF NOTICE: JUNE 4, 2010 TO: SAMANTHA OWCZAREK 1441 STATE ROAD DUNCANNON, P 17020 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT_RIGHTS. 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. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 P L F. D'EM 10, ESQUIRE S-~oo9 -a o~ v~sas~ ~ ~; p ~ Certifleata n,F ~' Msi/ir ' ~~~ I.AW OFFICE , #I~,I PAUL F. D'EMILIO ~ ,; r~1~` 905 WEST SPROUL ROAD, SUITE 105 s!`~ ~. „fry .~r SPRINGFIELll, PENNSYLVANIA 19084 V~~..g H~1SL.FR r°~ Samantha Owczarek N ~ '! '~ o ~ 1441 State Road ~ ? Duncannon, PA 17020 '~*..._~~ ~ ~- ~ ~~ ~ ia. .a _. PS Form $817, Apn1 2007 PSN 7530-02-400-9065 ~~~ i~c~~~r,~ ; I=: ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Rule of Civil Procedure No. 236) STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF CHUCK EBERHART 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. COMMON PLEAS COURT OF BERKS COUNTY NO. 10-08200 DONALD FRAME 321 FOX ROAD CIVIL ACTION BERNVILLE. PA 19506 Notice is given that a judgment in the above captioned matter has been entered against you on ~~ 9 , 2010. c~/) Prothonofa ry If you have any questions concerning the above please contact: Paul F. D'Emilio Esquire Attorney or Party Filing 905 W. Sproul Road Suite 105 Address S ringfield, PA 19064 City, State, Zip (610) 338-0338 Telephone Number