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Home My WebLink About12-6970 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE r A ~ ~, ,~~~{~ ~ ~ f"=~ ! ; ~- ~` ATTORNEY LD. #81894 905 W. SPROUL ROAD, SUITE 105 . ;~.i, f, ~ , ~. ' ~~~'`~~ ~OR PLAINTIFF "` SPRINGFIELD, PA 19064 . (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM WASHINGTON STREET DTB 8 112 E ~ 1 . a> a ~ ~ ~ NO BLOOMINGTON, IL 61701 • ~ o VS. CHRISTOPHER N. BEAVER . 8352 HILTON STREET HUMMELSTOWN PA 17036 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 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 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 O NOTIFICACION 0 POR CUALOIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARR PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 L./ aye ~~c,3.~sPc~~ C~c~aQ~(~d ~2.# a p313d 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 SOLOMON ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. CHRISTOPHER N. BEAVER . 8352 HILTON STREET HUMMELSTOWN. PA 17036 CIVIL ACTION 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") INASMUCH 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 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. 2. Plaintiff brings this action as subrogee of Solomon Andemariam (herein the "Insured") under a policy of insurance issued by Plaintiff and at all times hereinafter mentioned, Plaintiffs Insured is the real and registered owner of premises 320 4th Street, New Cumberland, PA 17070. 3. Defendant Christopher N. Beaver is a individual residing at 8352 Hilton Street, Hummelstown, PA 17036 and at all times hereinafter mentioned was a tenant or occupant of Plaintiff's Insured. 4. On or about June 25, 2010 the Defendant and executed a Residential Lease, pursuant to which, Defendant rented 320 4th Street, New Cumberland, PA 17070 from Plaintiffs Insured. A true and correct copy of the Residential Lease is attached hereto, made part hereof and marked Exhibit "A." 5. On or about February 23, 2011 the Defendant Christopher N. Beaver vacated Plaintiffs Insured's rental property without notice and Plaintiff's Insured noticed water damage throughout the property. 6. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the cost to repair the dwelling thereto being is Sixty Thousand Eight Hundred Fifty One and 74/100 ($60,851.74) plus the Insured's deductible of One Thousand Five Hundred and 00/100 ($1,500.00) Dollars plus loss of income being Eight Thousand One Hundred Fifty Four and 00/100 ($8,154.00) Dollars for a total of Seventy One Thousand Five Hundred Five 74/100 ($70,505.74) Dollars. Count I Breach of Contract 7. Plaintiff, 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. Defendant, violated the Lease Agreement in that they caused and/or allowed a damage to occur at the rental property and failed to repair same in violation of the written agreement. 9. Defendant, violated the Lease Agreement because they failed to obtain an insurance policy. 10. Although frequent demands have been made, Defendant have failed, refused and neglected and continues to fail, refuse and neglect to make payment of the balance due Count II Intentional Acts 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. At all times herein mentioned, Defendant acted intentionally, consciously, deliberately and with malice toward Plaintiffs insured. 13. At all times herein mentioned, Defendant acted intentionally, carelessly, and recklessly. 14. As a direct and proximate result of the conduct of the Defendant Plaintiffs insured sustained damages and incurred the above expenses. Count III Negligence 15. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 14 inclusive of this Complaint as fully as though same were herein and set forth at length. 16. The said occurrence was due to the negligence of the Defendant in that he: a. did allow water damage to Plaintiff's Insured's property without due regard for the rights, and safety of the insured's property, and b. did violate the various statutes and laws Commonwealth of Pennsylvania of the County of Cumberland regarding the treatment and security and safety of the Insured's property. 17. As a direct and proximate result of the conduct of the Defendants, Plaintiffs insured sustained damages and incurred the above expenses. WHEREFORE, Plaintiff demands judgment against the Defendants on each Count in an amount in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date: Paul F. D' il~ uire Identific ion ..16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 au rni o aw ice VERIFICATION ~`~k,~Y l ~~i1CJ ,Subrogation Specialist with State Farm Fire and Casualty Company in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unsworn falsification to~thorities. Date: ~ U " ~~ " ~~. Subrogation Specialist a~n~~~:~:~ooa~:~ Exhibit "A" ~!la~~~~ ~.;~37%~ ..~__ _ _ RESIDENTIAL LEAS Apartment -Condominium -House BY TEIIS AGREEMENT made and entered into on between Sc rC C' /`~`G~% ~~~~~i~~~r}~ ~l ?''I andG~/'/.S~ ~ e•i ~~•~~c'l Lessor leases to Lessee the p wises situated at ,.~~1,' ~~ ~~~ .-~ ~ ,',/~`~~ , 20 / L, herein referred to as Lessor, herein referred to as Lessee. in the City of ; ~/EC~%G•Gr1y.?L~ ~T /ci,?~j ,County of Ls.ii3?~' t: ~ ~t:I /?; f State of ~%~E:it/i?.lSI.C V~~vi~! .and more particularly described as follows: `~i7 Jai /~~x~ `,rt/••-`-~~'?'~ ,2~9? ~• l7`r~~L ~~r:. rl~ together with all appurtenances, for a term of f"? ? ~. _ years, to commence on . ~~~ ~~ ~S f , 20 jL,; , and to end on ;1 ~r~ j~ ~ , 20 j i , at (~ f /,;•~ , • G C o clock j? m. 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for the demised premises the sum of y~~~; ~z' ~~~ ~,LJ .G.l •~ ~ Dollars ($ C ~< < }per month j7i/JG' ~ ~ L f /~ in advance on th, „~ day of each calendar month beginning J ~~ %t j, j~. _ , 2Q jG , at ~ ~ '•' /~~ G f'rl-.e' x' A t' G ~.c ~ ,City of t•'i"GG~.>uis fii%/c ,State of f(/~ Y/ ~' ~. ~ ~'-- ' , or at such other place as Lessor may designate. 2. Security Deposit. On,execution of this lease, Lessee deposits with Lessor Jai/.~~~tf/.' CJi ~.~ /~//) ~yy 1 Ill 'C"~ Dollars {$ ~ ~" ), receipt of which is acknowledgod by Lessor, as security for the faithful "erformance by Lessee of the terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by him of the provisions hereof. 3. Quiet Egjoymeat. Lessor covenants that on paying the rent and performing the •covenants herein contained, Lessee shall peacefuIIy and quietly have, hold, and enjoy the demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time dutjutg the term of this Iease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any ptrrposc other than as a private single family residence. Lessee shall comply with alI the sanitary laws, ordinance's, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks conttected thereto, dtuing the term of this lease. 5. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than pezsons, consisting of ~ adults and ~ children under the age of j~7 years, without the written consent of Lessor. 6. Condition of Premises. Lessee stipulates that he has examined the demised premises, inciudingthts~lrounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. '7. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this Iease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. NOTICE: Contact your local county real estate board for additional forms that may be required to meet yotu specific needs. ® 1992-2001 Made E-Z Products. Inc. P°~ 1 Rev !0/02 This product does not com[itute the rendering of legal advice or xevices.~This product is intended for informational use only stul is not a suba[itute for legal advice. State taws vary, so consult an attorney on all regal rnat[ers. This product was no[ ne«ssarily prcpued by a person licensed to practica taw in your state. Z'd GGZOTbZ609 wez,~ewapud uowoioS d8Et60 TI SZ qa~ 8. Alteratfons aad Lnprovements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised prenuses by Lessee, with the exception of futures removable without damage to the premises and movabte personal pmperry, shall, unless otherwise provided by writtea agreetncnt between Lessor and Lessee, be the property of Lessor and remote on the demised premises at the expiration or sooner termination of this lease. 9. Damage to Premises, if the demised prenuses, or any part thereof, shall be partially damaged by 5re or other casualty nat due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent cornspondiag with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful actor that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the tens of this lease shall end and the rent shall be prorated up to the time of the damage. 10. Dangerous Materials. Lessee shall net keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that aught be considered hazardous or extra hazardous by any responsible insurance company. 11. U1tWties. Lessee shall be responsible for arranging for and paying for all utility services required on the grcmises, except that ~~iy~zv shall be provided by Lessor. 12. Right of Inspection. i.essor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and atl building and improvements thereon. 13. Maintenance and Repair. Lessee will, ai his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, sha13 be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor. 14. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 15. Display o[ Signs. During the last ~ ~L) days of this lease, Lessor or his agent shall hav'b the `privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 16. Subordination of Lease. This tease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on ~~~~ days' written notice served by either Lessor or Lessee on the other party. 18. Surrender of Premises. At the expiration of the lease term, Lessee shaII quit and surrender the premises hereby deraised in as good state and condition as they wore at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 19. Defattlt» If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the oprion of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises aad remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall nClt rrciilt if w;rhtn .~....~ ..o -......_.....r _.._~ _ _.. _ . _ E'd GLZOI~Z609 weiuewapud uowoioS d8Et60 it SZ qa~ 2U. Abandonment }f at any time during the term of this lease Lessee abandons the demised promises or any part thereof, Lessor Wray, at his option. enter the demised premises by any mesas without being liable for say prosecution therefor, and without bewmittg liable to Lessee for damages or for any payment of any kind whateveti and may, at his discretion, as agent for Lessee. re-let the demised premises. or any part thereof, for the whole ar any part of the then unexpired term, and tray receive and coIIcct all rent payable by virtue orf such re-letting, and, at Lessor's option, hold Lessee liable for any di$etrnc:e between rho rout that would have been payable under this Lease during the balance of rho unexpired term, if this tease had continued in force, and the net rent for such period realized by Lessor by means of such ro-letting. ff Lessor's right of re-entry is exercised following abandonment of the premises by Lessce, then Lessor may consider any personal property belonging to Lessee and left oa the premises to also have been abandoned, is which case Lessor may dispose of all such personal property in any matmer Lessor' shall deem proper and is hereby re&eved of all liability for doing so. 21. Ilindhsg Effect The covenants and conditions herein contained shall apply to and bind the heirs, legal repseseatatives, and assigns of the parties hereto, and all covenants are to be constrtud as conditiasts of this lease. ?.Z. Rados Gas Disxlasane. As regttnrd by ]aw, (landlord) (Seller) makes the foIIowing disclosure: "Radon Gas" is a naturally o~aiag radioactive gas that', when it has a,.,-.±....,t~r.~ in a building in sufficient quantities, may present health risks to pis who ate exposed tp is over tame. Levels of radon that exceed federal and stare guidelines have been found in but7dings in every state. Addiaotml information regarding radon and radon testing may be obtaine~3 from your county public health unit. 23. Lead Paititt Dlsdosttt~ "Every purchaser or lessee of any interest in.trsidential real properly on which a residential dwelling was bttilt prior m 197$ is notified that such pmpetry may present expostua to lead fmw lead- based pains shat may place young children at risk of developing Iead poisoning. Lead poisoning in young children tray produce permanent neurological damage, including learning disabilities. reduced intelligence quotient, behavioral problems and impaixed memory. Lead poisoning also poses a particular risk ro pregnant wot~n. The seller or lessor of say interest in residential real estate is required to provide the buyer or Lessee wish any information on lead-based paint hazards from risk assessments or inspection in the seller or lessor's possession and notify the buyer or lessce of any known Iced-based paint hazards. A risk assessment or inspection far possible lead-based paint hazards is recommended prior to purchase." 24.Other'17erms: _ -~ ~~i f'~~ C: L.- Gr /t< ,~~'J~~i'~ i J.~ i .~i Imo' % 9' / ~/~ti c ~.1•/ (~ 5 G c.. - ~ ' ~~G ~ t~..t ' ~/ ~. ~ •, ~.S.S Gf- /JYC~i~1_.~~ L-t~7l ~ysu'J P .' iCi/"11Li ~~.. !~~ [ ,~.,rt'.:!~C~ ~~1'~ Z~.t-E~_. ~: r IN S l~f the parties have executed this lease day and_year fast above written. r -"/ Lessor Lessee Lessor Lessce NOTICE: Srau law establishes rights and obligations for patties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the interpretation or legality of a provision of this agreement, you may want m seek assistance from a lawyer ar other qualified person. ~ • d LLZO T i-Z609 we z,~ewapud uowo j og dtiE =60 Z T Sz qa~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~ ~ 2 ~~~ 30 PFD 3~ ~J ~? State Farm Fire and Casualty Company as subrogee of Solomon Andemariam Case Number vs. Christopher Beaver 2012-6970 SHERIFF'S RETURN OF SERVICE 11/16/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Christopher Beaver, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 11/23/2012 The requested Complaint & Notice returned by the Sheriff of Dauphin County, the within named Defendant Christopher Beaver, not found. Current Resident David Melendez bought property at 8352 Hilton Street, Hummelstown, PA 17036 seven months ago from the defendant and the defendant does live at this address. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.45 November 29, 2012 SO ANSWERS, ~~~~_ RON R ANDERSON, SHERIFF Shelley Ruhl Real Esta e Deputy Matthew L. Owens solicitor Dauphin County 101 Mazket Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin STATE FARM FIRE AND CASUALTY COMPANY A/S/O SOLOMON ANDEMARIAM VS CHRISTOPHER N. BEAVER Sheriff s Return No. 2012-T-3023 OTHER COUNTY NO. 2012-6970 I, Jack Lotwick,,Sh~riff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CHRISTOPHER N. BEAVER the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 23, 2012. RESIDENT DAVID MELENDEZ BOUGHT PROPERTY AT ADDRESS 8352 HILTON STREET, HUMMELSTOWN, PA 17036 SEVEN (7) MONTHS AGO FROM THE DEFENDANT. THE DEFENDANT DOES NOT LIVE THERE AND CURRENT LOCATION IS UNKNOWN. Sworn and subscribed to before me this 26TH day of November, 2012 ~~M1~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Ex Tres Au ust 17, 2014 So Answers, Sheriff of Dauph~in/~County, Pa. B ~~~~R~~R1_ ~~r s Y Deputy Sheriff Deputy: M SWEIGART Sheriff s Costs: $49.25 11 /21 /2012 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 COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 NO. 2012-6970 VS. CHRISTOPHER N. BEAVER 8352 HILTON STREET HUMMELSTOWN, PA 17036 CIVIL ACTION rn �E- PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: c� _C _ CD Kindly reinstate the Complaint in the above-captioned matter. " ;:- PAUL F. D'EIMILiO, ESQUIRE ATTORNEY FOR PLAINTIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff " PRO oiotiidtnw \yet„of t rtit�Fa Jody S Smith Chief Deputy 2013 SEP -6 _ Richard W Stewart cuMSERLAND CoUt4Ty Solicitor WIGE OF T14E SHEPIFF 1ENIqSYLVANIA State Farm Fire and Casualty Company as subrogee of Solomon Andemariarn Case Number M Christopher Beaver 1 2012-6970 SHERIFF'S RETURN OF SERVICE 0812212013 The requested Complaint&Notice returned by the Sheriff of Perry County, the within named Defendant Christopher Beaver, not found. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. 08/28/2013 11:25 AM -Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Barry Beaver, Father,who accepted as"Adult Person in Charge"for Christopher Beaver at 226 W. Shady Lane, East Pennsboro, Enola, PA 17025, --Jeuw alu�� J DIMARTL...: LITY SHERIFF COST: $63.95 SO ANSWERS, August 29, 2013 RwsrY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc, SHERIFF'S RETURN In the Court of Common Pleas Of the 41$t Judicial District of Pennsylvania- Perry County Branch No.. 2012-6970 Cumberland Co. State Farm Fire and Casualty Company VS Christopher Beaver Perry County Prison 300 S.Carlisle St. New Bloomfield,PA 17068 Carl E.Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s)to wit Christopher Beaver, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Christopher Beaver at Perry County Prison,300 S. Carlisle St.,New Bloomfield,PA 17068. NOT FOUND. DEFENDANT WAS RELEASED FROM PRISON-GAVE 226 W. SHADY LANE ENOLA,PA 17025 AS HIS ADDRESS. Sinc ely, X-4e Carl E.Nace Sworn and subscribed to before me Sheriff of Perry County this day of , 2013. a , MONWEA OF PENNSYLVANIA NOTARIAL SEAL JOY ZERANCE,NOTARY PUBLIC s_ EW'BLOOMFIELD BORO.,PERRY COUNTY 'MY,COMMISSION EXPIRES MARCH 6,2014 FILED-OFFICE PAUL F. D'EMILIO, ESQUIRE C+ THE PROTHONOTARY ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE 2013 OCT `7 PH 1. 09 ATTORNEY 1.D. #81894 CUMBERLAND COUNTY 905 W. SPROUL ROAD, SUITE 105 PENNSYLVANIA OU NTY SPRINGFIELD, PA 19064 (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 : NO. 12-6970 Civil VS. : CHRISTOPHER N. BEAVER . 8352 HILTON STREET : HUMMELSTOWN, PA 17036 CIVIL ACTION PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, C.P.: Enter Judgment in the above entitled matter in favor of the Plaintiff, State Farm Fire and Casualty Company as subrogee of Solomon Andemariam and against the Defendant Christopher N. Beaver, for want of an answer, and assess Plaintiff's damages in the sum of $70,505.74 in accordance with a Compla* t filed. Air/ PAU F. 4'E r LIO, ESQUIRE AT 'ORNEY FOR PLAINTIFF •RNEY I.D. #16654 FProthy as a ses I 'n s dama n the sum of$70,505.74 PRO PROTHY a,,,, A. sJ1,.Sb i. et* c3, Y rc ' g4fgfJ 5°9 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 : COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON : CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 : BLOOMINGTON, IL 61701 NO. 12-6970 Civil • VS. CHRISTOPHER N. BEAVER •• 8352 HILTON STREET HUMMELSTOWN, PA 17036 CIVIL ACTION 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 Christopher N. Beaver, is over twenty-one years of age and 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 : ded. I P L F. ILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS pr* DAY OF pct , 2013. OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MELISSA O'NEILL,Notary Public Springfield Twp.,Delaware County Commission Expires December 6,2015 • 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 : COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 : NO. 12-6970 Civil VS. • CHRISTOPHER N. BEAVER 8352 HILTON STREET HUMMELSTOWN, PA 17036 CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT Judgment I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, State Farm Fire and Casualty Company as subrogee of Solomon Andemariam, does hereby certify that a Notice of Intent to Enter Default Judgment was mailed on September 18, 2013 to the Defendant listed below by Certificates of Mailings; a copy of the Notice and the original certifications of mailings are attached hereto, made a part hereof, and marked Exhibit "A". CHRISTOPHER N. BEAVER 226 W SHADY LN EAST PENNSBORO PA 17025-2237 ! i PAUL !T-17 ILIO, ESQUIRE ATTfi ' Y FOR PLAINTIFF • IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) STATE FARM FIRE AND CASUALTY : COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 • BLOOMINGTON, IL 61701 : NO. 12-6970 Civil VS. • CHRISTOPHER N. BEAVER • 8352 HILTON STREET HUMMELSTOWN, PA 17036 CIVIL ACTION Notice is given that a judgment in the above captio ma r ha en entered against you on Qck . 1 , 2013. Prothonota .b 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 Springfield, PA 19064 City, State, Zip (610) 338-0338 Telephone Number 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 COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM . 112 E. WASHINGTON STREET DTB 8 . BLOOMINGTON, IL 61701 NO. 12-6970 Civil VS. . CHRISTOPHER N. BEAVER : 8352 HILTON STREET : HUMMELSTOWN, PA 17036 : CIVIL ACTION CERTIFICATION AS TO ADDRESS OF DEFENDANT I hereby certify the address of Defendant is as follows: CHRISTOPHER N. BEAVER , 226 W SHADY LN EAST PENNSBORO PA 17025-2237 'AUL 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 STATE FARM FIRE AND CASUALTY : COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON : CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 • BLOOMINGTON, IL 61701 NO. 12-6970 Civil VS. • CHRISTOPHER N. BEAVER 8352 HILTON STREET • HUMMELSTOWN, PA 17036 : CIVIL ACTION CERTIFICATION AS TO ADDRESS OF PLAINTIFF I hereby certify the address of Plaintiff, State Farm Fire and Casualty Company as subrogee of Solomon Andemariam is as follows: PO Box 2372 Bloomington IL 61702-2375 PAUL F. D'EMILIO, ESQUIRE TTORNEY FOR PLAINTIFF Exhibit t q r 1 .':1 --' - — . all .- o�, , _: ■, 0\ t`",i1 d ,-t 10110 c 293`1= t U...1 :15:4; gF It cn s X71 T. al 11) d 11 lisialsoll N Eli c - U m':::-a:!. m m d n � YiY a j 9 O c LL v ado .� .. 4=--J__°___ m s -75 ` N �- T m o m \ ,.. , .. 0.)cc '2 N \ _ '', ' ,t)Ci, o�,a = m 7`. 41E4.41 ,4,,, s,, it&.65 t6 1.4 v-,_,sYb. - '" .' Azs,r ,..Se. \-rN\'7!c-; •ciN---- '< 7"'"")... Ire-, :"-a....:" J•-4' -° 1 \ .e-,16. '';-.;' , ...' 8 \ 1/24 .\1--- ..D .... ,4,_L. ...2,';.—. / -2,,,r\ r-2 ,.. ii,‘ 5i C= a . -. .Q‘ t ,,...--,.. , , Z.111 k,..., '...t\ O. i ‘....... ctz, 4= )2: i'44., E 'E g ;fj 702\ ' --\,1,o:- - e....T C' - ,.4. Pfir■ 6 n. ,,J,,,:, I. 00000 tv7 ..5%,),1 -..--r--,... ,tc....,_,..= - - ,,9„si,i ---4:::w... - m _..5 �I �°/Q � it = G oQ ,� �� , lags; It 2. ti \ Ti - S rth \ 1 . ',,r,t, E \ N r: -o_ q% � V ti m a 1LL��. N Z O ' 0 VA , t � r- A� Fo I r <s Sri a 4 vy p*.ka' PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF SOLOMON CUMBERLAND COUNTY ANDEMARIAM 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 NO. 12-6970 Civil VS. CHRISTOPHER N. BEAVER • 8 • 352 HILTON STREET • • HUMMELSTOWN, PA 17036 CIVIL ACTION DATE OF NOTICE: September 18, 2013 TO: CHRISTOPHER N. BEAVER 226 W SHADY LN EAST PENNSBORO PA 17025-2237 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 Paull 7 D 'E PAUL F. D'EMILIO, ESQUIRE