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Home My WebLink About12-6387 P ATTORNEY I.D. #16654 PAUL M. CHOFIELD, JR., ESQUIRE ATTORN EY I.D. 081894 905 W. S ROUL ROAD, SUITE 105 SPRINGF IELD, PA 19064 (610) 33840338 M M UAL AUTOMOBILE COMPANYAS SUBROGEE OF 7 ROCE INGTON STREET DTB 8 0mil AUL F q'Euii in ESQUIRE THIS IS AN ARBITRATION MATTER TON, IL 61701 VS. MARISS FITZPATRICK 29 N. LOCUST POINT ROAD MECHA ICSBURG, PA 17050 AND JOHN FI ZPATRICK 29 N. LO UST POINT ROAD MECHA ICSBURG PA 1705 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST T?iE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, Y ENTERING A FILING IN APPEARANCE WITH THE COURT OUR DEFENSES R D OBJECTIO S TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE W ED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED ITHOUT 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 CL JM 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 OFFICES T FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU C NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE A LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIE THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONSAT 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 ATTORNEY FOR PLAINTIFF rte' y ` COMMON PLEAS COURT '? CUMBERLAND COUNTY tip ..b r . 3g? Ov I No. CIVIL COMPLAINT AVISO Le han demandado a usted an Is corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dies de plazo a partir de la fecha de Ilea damanda y Is notification. Usted debe presentar una apanencia escrita o on persona 0 por abogado y archivar an la corte sus defensas o sus objeciones a [as demandas encontra de su persona. Sea avisado quo si usted no se defiende, Is corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification o por cualgier queja o alivio qua espedido an Is 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 DtNERO 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 gqq 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 ARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF SUSAN M. GROCE . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY MARISA FITZPATRICK NO. 29 N. LOCUST POINT ROAD MECHANICSBURG, PA 17050 AND JOHN FITZPATRICK 29 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 Mutual Automobile Insurance 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 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 Susan M. Groce, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Marissa Fitzpatrick, is an individual residing at 29 N. Locust Point Road, Mechanicsburg, PA 17050. 3. Defendant, John Fitzpatrick, is an individual residing at 29 N. Locust Point Road, Mechanicsburg, PA 17050. 4. At all times hereinafter mentioned Defendant Marissa Fitzpatrick was the agent, workman, servant, employee of Defendant John Fitzpatrick then and there in engaged in the business of Defendant John Fitzpatrick within the course and scope of her employment. 5. On or about April 23, 2011, a motor vehicle owned by Defendant John Fitzpatrick and operated by Defendant Marissa Fitzpatrick was traveling east on W. Main Street, Mechanicsburgh, Pennsylvania when she attempted to turn northbound onto N. York Street when she struck Plaintiff's Insured's vehicle causing 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 Ten Thousand Nine Hundred Forty Eight and 41/100 ($10,948.41) Dollars plus the cost of a rental vehicle being Eight Hundred Twenty Four and 62/100 ($824.62) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) plus for a total of Twelve Thousand Two Hundred Seventy Three and 03/100 ($12,2173.03) Dollars. Count I State Farm Mutual Automobile Insurance Company v. Marissa Fitzpatrick 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, Marissa Fitzpatrick 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 turn within the assured clear distance ahead; 9. 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; 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 pertaining to the operation of motor vehicles. Count II State Farm Mutual Automobile Insurance Company v. John Fitzpatrick 9. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through B 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, John Fitzpatrick 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 did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. COUNT III State Farm Mutual Automobile Insurance Company v. John Fitzpatrick Liability for Tortious Acts of Children 23 Pa.C.S.A. § 5501 et. seq. 11. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The parents of Defendant are liable to the Plaintiff for the tortious acts of his child under 23 Pa.C.S.A. § 5504. 13. As the damages paid by Plaintiff to its insured exceed the monetary limits of liability, Plaintiff demands the maximum limit of monetary damages on Count II of Two Thousand Five Hundred ($2,500.00) under 23 Pa.C.S.A. § 5505. 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. l(3 _(0-Qa Date Paul F. D' ilio, Mquire Identific n No. 16654 E-mail ddress: 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 o LaW c 33? VERIFICATION , 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. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unswom falsification to authorities. o.,.: ?A 7n? 7012 411nrn n.1rM(JdY Subrogation Specialist Sch19121000M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,~~~ ~. i~_ ~~ , ;~ - I ~ , _ a~ I ~ r M.t . i ~" ' "'..~, i«._ ftii < l~~? 0~ i 29 A~ 9~ C 7 Ct~MBEriLA~>if~ l:Du,~1 i Y PENNSYLVANIA State Farm Mutual Automobile Ins. Co. Case Number vs. John Fitzpatrick (et al.) 2012-6387 SHERIFF'S RETURN OF SERVICE 10/16/2012 0)7:14 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2012 at 1914 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Johri Fitzpatrick, by making known unto Diane Fitzpatrick. Wife of John Fitzpatrick at 29 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true anti correct copy of the same. ,, .~ l~~ MICHELLE GUTSHALL_, DEPUTY 10/16/2012 07:14 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2012 at 1914 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marissa Fitzpatrick, by making known unto Diane Fitzpatrick, Mother of Marissa Fitzpatrick at 29 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 1705() its contents and at the same time handing to her personally the said true and correct copy of the same. j ~~ _j MICHELLE GUTSHALL_, DEPIJTY SHERIFF COST: $54.00 October 22. 2012 SO AN~-S-7WERS, ~. RON R ANDERSON, SHERIFF