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Home My WebLink About10-7799PAUL 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 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF MICHAEL SWEARMAN 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE 102 E. WILLOW STREET CARLISLE, PA 17013 AND COMMON PLEAS COURT CUMBERLAND COUNTY n G -t7 ~ rnl~ ~~ z ~' U, r ~~ r~ a Dn Z p DC 2 -I -< No.~ b-7~°I`j PHYLLIS CAROTHERS 45B COUNTY ROAD 173 OXFORD, MS 38655 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 ] 7013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CIVIL COMPLAINT AVISO N a 0 0 r*i N O -v 3 N cn 0 -~ rn~ -~ rn o° so O -t1 on ~rn D -~ 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. LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O 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 O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR LISTED. 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 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, P,A 17013 (717)240-6200 r~ 6a?p a~ ,~ ~~ 3$ ~ ~~ ~~~ ~- ~~sa 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 MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY MICHAEL SWEARMAN . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE 102 E. WILLOW STREET CARLISLE, PA 17013 AND PHYLLIS CAROTHERS 45B COUNTY ROAD 173 . OXFORD, MS 38655 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 Mutual Automobile 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, State Farm Mutual Automobile Insurance 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 Michael Swearman the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Anthony Hodge, is an individual residing at 102 E. Willow Street, Carlisle, PA 17013. 3. Defendant, Phyllis Carthers, is an individual residing at 45B County Road 173, Oxford, MS 38655. 4. At all times hereinafter mentioned Defendant Anthony Hodge was the agent, workman, servant, employee of Defendant Phyllis Carthers then and there in engaged in the business of Defendant Phyllis Carthers within the course and scope of his employment. 5. On or about March 5, 2010 a motor vehicle owned by Defendant Phyllis Carthers and operated by Defendant Anthony Hodge in the parking lot of the Hamilton Elementary School, Carlisle, Pennsylvania when he backed into Plaintiff's Insured's vehicle 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 Three Hundred Seventy Seven and 14/100 ($7,377.14) Dollars plus the Insured's deductible of Two Hundred Fifty and 00/100 ($250.00) Dollars plus the cost of a rental vehicle being One Thousand and 00/100 ($1,000.00) Dollars for a total of Eight Thousand Six Hundred Twenty Seven and 14/100 ($8,627.14) Dollars. Count I State Farm Mutual Automobile Insurance Company v. Anthony Hodge 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, Anthony Hodge, in that he: 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 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 regards for the rights, safety and position of the Insured at the point of aforesaid; i. did operate the vehicle without a valid driver's license; 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, Section 1501 the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II State Farm Mutual Automobile Insurance Company v. Phyllis Carthers 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, Phyllis Carthers, in that she: a. negligently entrusted her vehicle to another operator for use when she knew, or with a reasonable exercise of due care should have known, that he operator was not capable of operating the motor vehicle properly; b. negligently entrusted 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 entrusted 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 entrusted 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; e. negligently entrusted her motor vehicle to another person who she knew, should have known or in the exercise of due care would have known did not have a valid driver's license; and f. negligently entrusted her motor vehicle to a person who did not maintain financial responsibility as required by the taws 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 ul F. D'Emilio, Esquire Identification No. 16654 E-mail address: pauldCa~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.: 1310-338-0303 0~,/28/2Q10 TUE 7:49 FAX VERIFICATION X007/007 Subrogation Specialist with State Farm Mutual Automobile insurance Company in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. !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: g ' 30 ' is ~~ ~ 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 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF MICHAEL SWEARMAN 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE 102 E. WILLOW STREET CARLISLE, PA 17013 AND PHYLLIS CAROTHERS 45B COUNTY ROAD 173 OXFORD, MS 38655 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COU -'jY v n = -? - , i NO. 10-7799 ? c ... ° J:7 Z CIVIL COMPLAINT PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. PAUL F. D' ILIO, ESQUIRE ATTORNEY FOR PLAINTIFF C.tnti? %.I O.w f4 Cik ??? ?coa 3a ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-0r EICE Sheriff THE PROTIIoNoTArY Jody S Smith Chief Deputy Richard W Stewart Solicitor ???ti?ttr of ?at?>abrrf444 k 4` t OFF CF? '-E =RiFF 201 1 AUG 30 AM 8: v 7 CUMBERLAND COUNTY PENNSYLVANIA State Farm Mutual Automobile Ins. Co. Case Number vs. Anthony Hodge (et al.) 2010-7799 SHERIFF'S RETURN OF SERVICE 08/22/2011 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: Phyllis Carothers, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Phyllis Carothers. Request for service at 139 Big Spring Terrace, Newville, Pennsylvania 17241 the Defendant was not found Phyllis Carothers advised Deputies, she is currently residing at 151 Peyton Circle, Oxford, Mississippi 38655. SHERIFF COST: $45.00 SO ANSWERS, August 22, 2011 RbN?Tf R ANDERSON, SHERIFF ici Geunb,Suite Sheriff. Telewoft. Lx:. 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF MICHAEL SWEARMAN : 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE 102 E. WILLOW STREET CARLISLE, PA 17013 AND COMMON PLEAS COURT CUMBERLAND COUNTY NO.10-7799 c _0z _rn v --? z _O f. . -<> N o 2p zezt 5:C = C r; ° z -4 cn -t PHYLLIS CAROTHERS : 45B COUNTY ROAD 173 OXFORD, MS 38655 CIVIL COMPLAINT PRAECIPE TO DISCONTINUE AND END AND SATISFIED TO THE Prothonotary, P.C.: Kindly mark the above entitled matter discontinued and ended without prejudice upon payment of your cost only, against Phyliss Carothers. Judgment was entered against Anthony Hodge previously. Date. I ' Y Pay, M.Lgch`S ield, Jr., Esquire Id tification No.. 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF MICHAEL SWEARMAN Plaintiff ANTHONY HODGE AND PHYLLIS CAROTHERS Defendant C. `i` Case No.:jjOj_r77?1g ? lt??l?1.oy1`?d AFFIDAVIT OF SERVICE That I, 1= , ?fi nce, 11 hereby solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing document are true and do affirm I am a competent person over 18 years of age and not a party to this action. That on 10 d at )p : " L at the address of Is-[ Q r, ?ox.l 1 MC 5?llss. That I served Phyllis Carothers with the following list of documents: Complaint in Civil Action on Phyllis Carothers by then and there personally delivering a true and correct copy of the documents in one of the following manners; `xBy personally delivering the documents in hand to Phyllis Carothers _ By personally delivering a true and correct copy of the documents into the hands of and leaving with , whose relationship to the person being served is , and that the address ve is the dwelling house or usual place of abode of the person being served and that the person having eft he documents withbis known to the undersigned to be a member of the household who resides therein with the person being served and was of suitable age and discretion By personally delivering a true and correct copy of the documents to I whose is That this person served stated they had the authority to accept as the Legal Representative for the abo etlisted entity being served. Approximate description of person served: Skin: Sex: r A e: -1 k, Glasses: _hZD _ g Height: $ Weight: Hair: That the fee for serving this document is:$108.90 10 _q Due ProcessUSA, Inc. Executed on 8950 Route 108, Suite 100 Columbia, MD 21045 (800) 228-0484 4t and sw to before me, a notary public, on this 5 day of '2011. - -., P M OF 4 4I ublic y 4• • , • ID # 44525 ID: 11-044061 CATHY • COIVNER" Client Reference: STATE-2010-388 • ?C Common Pleas Court of Cumberland County, Pennsylvania . „r , ommission Expires ?.1?• Msrch 8, 2015 FTTE.... ••. 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF CUMBERLAND COUNTY MICHAEL SWEARMAN 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 . vs. =? , ANTHONY HODGE NO.10-7799 cnr"' N te ` 102 E. WILLOW STREET r - ''' - -;, CARLISLE, PA 17013 % T x X AND CTI PHYLLIS CAROTHERS 45B COUNTY ROAD 173 OXFORD, MS 38655 CIVIL COMPLAINT PRAECIPE TO WITHDRAW PRAECIPE TO SATISFY TO THE PROTHONOTARY, P.C.: Kin ly wit draw the Praecipe to Sa error in this matter. Date: t ld, Jr., Esquire o.: 81894 e-mail address: pauls@demiliolaw.com V Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF CUMBERLAND COUNTY MICHAEL SWEARMAN 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE NO.10-7799 L -n 102 E. WILLOW STREET rn rnr- CARLISLE, PA 17013 rs ` AND PHYLLIS CAROTHERS ?' . 45B COUNTY ROAD 173 _.. ' = OXFORD. MS 38655 CIVIL COMPLAINT PRAECIPE TO DISCONTINUE AND END TO THE Prothonotary, P.C.: Kindly mark the above entitled matter discontinued and ended without prejudice upon payment of your cost only, against Phyliss Carothers. Judgment was entered against An?hogy Hodge previously. Date: E ( I u / Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 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 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF CUMBERLAND COUNTY MICHAEL SWEARMAN 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ANTHONY HODGE N0 10-7799 '?-- 102 E. WILLOW STREET . cn ? CARLISLE PA 17013 - - 4: a `71 , . r r AND <.77) ; • ?7_ , PHYLLIS CAROTHERS 45B COUNTY ROAD 173 OXFORD MS 38655 CIVIL COMPLAINT AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Anthony Hodge is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 10-7799, which was a result of a motor vehicle accident on March 5, 2010. PA F LOO, ESQUIRE SWORN TO AND SU SCRIBED BEFORE ME THIS POXY OF JUNE, 2012. MVALTMOF yA POW uss?? U NULi N to Pu* cx - ^ sprinqrield Twp., DW" C" r NOTARY PUBLIC won Deoernw 6, 2015 45.15 AO Any 019(x(09 I- c27(o7g1(0