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Home My WebLink About12-7244PAUL 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 MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY JONATHAN STOCKTON 112 E. WASHINGTON STREET DTB 7 BLOOMINGTON, IL 61701 vs. No.I~•~aH'~ rvx,~ FELIPE GONZALEZ 125 RAYMAC STREET HOUSTON, TX 77037 AND BLAMAR TRUCKING, INC. 4002 SPRING BROOK CT. PEARLAND TX 77584 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 ,. ~.~., ~. -~, :~_+, - r• ,~, ~_, ~, s.~ ._;..~ CIVIL COMPLAINT AVISO ,_ ~., ,,, ..:~ _ ; ...a ~.__ __, ., ~; 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 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O 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 CUALOIER QUEJA 0 ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. 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 LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Ck~2iu3 ?~ as 3c~s~ 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 ATTORNEY FOR PLAINTIFF (610) 338-0338 STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY JONATHAN STOCKTON 112 E. WASHINGTON STREET DTB 7 BLOOMINGTON, IL 61701 VS. NO. FELIPE GONZALEZ 125 RAYMAC STREET HOUSTON, TX 77037 AND BLAMAR TRUCKING, INC. 4002 SPRING BROOK CT. PEARLAND. TX 77584 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. COMPLAINT 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 7, Bloomington, IL 61701. Plaintiff brings this action as subrogee of Jonathan Stockton, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Felipe Gonzalez, is an individual with a address of 125 Raymac Street, Houston, TX 77037. 3. Defendant, Blamar Trucking, Inc. is a corporation authorized to do business in the Commonwealth of Pennsylvania with a principal office at 4002 Spring Brook Ct., Pearland, TX 77584. 4. At all times hereinafter mentioned the Defendant Felipe Gonzalez was the agent, workman, servant and employee of the Defendant, Blamar Trucking, Inc. then and there in engaged in the business of the Defendant, A Blamar Trucking, Inc. within the course and scope of his employment. 5. On or about May 15, 2011 a motor vehicle owned by the Defendant Blamar Trucking, Inc. and operated by the Defendant, Felipe Gonzalez was traveling north on Interstate 81, Middlesex Township, Pennsylvania when a tire came off the rear of Defendant's vehicle and traveled though the median and struck Plaintiff's Insured's causing the damages hereinafter described. 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 Eleven Thousand Four Hundred Seventy Seven and 86/100 ($11,477.86) Dollars plus the Insured's deductible of One Hundred and 00/100 ($100.00) Dollars for a total of Eleven Thousand Five Hundred Seventy Seven and 86/100 ($11,577.86) Dollars. Count I State Farm Mutual Automobile Insurance Company v. Felipe Gonzalez 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. The said occurrence was due solely to the negligence of the Defendant, Felipe Gonzalez in that he: a. did fail to maintain the vehicle to ensure that the vehicle was operating at peck efficiency; b. did fail to check tires to ascertain that they were in safe operating condition; c. did fail to make necessary tire repairs to vehicle before driving; d. carelessly, willingly recklessly created a hazard; e. otherwise failed to use due care under the circumstances f. did operate the vehicle without Insurance; g. did fail to maintain financial responsibility; and h. 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. Blamar Trucking, Inc. 9. Plaintiff, incorporates by reference all of 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 occurrence was the result of the negligence of the Defendant Blamar Trucking, Inc. in that they: a. negligently entrust the vehicle to another operator for use when they 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 entrust the motor vehicle to a person which they knew, or in the exercise of reasonable care should have known, was an incompetent driver; c. negligently entrust the 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; and d. negligently entrust the motor vehicle to another person who they knew, should have known or in the exercise of due care would have known would cause damages to another; e. did fail to maintain the vehicle to ensure that the vehicle was operating at peck efficiency; and f. negligently entrust the 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 Paul F. D'E ili s ~ e Identificati n 654 E-mail ad ess: pauldCa~demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: pauls(c~demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 u cni o i e 3~~bG3~~ 1~'~- Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 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 unsworn falsification to authorities. Date:-~,~ ~1M/n"ln,~ Lt~ obY Subrogation Specialist 7cn1 ~~:~:~onms PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE i;, , ; 11 1 ; ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 { , " '' ► I'EY FOR PLAINTIFF (610) 338-0338 STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY JONATHAN STOCKTON 112 E. WASHINGTON STREET DTB 7 BLOOMINGTON, IL 61701 VS. NO. 12-7244 Civil FELIPE GONZALEZ 125 RAYMAC STREET HOUSTON, TX 77037 AND BLAMAR TRUCKING, INC. 4002 SPRING BROOK CT. PEARLAND TX 77584 CIVIL COMPLAINT PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter discontinued and ended upon payment of your cost only. f f; ul F. o, Esquire Attorney or Plaintiff