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HomeMy WebLinkAbout14-0535 Supreme Cour`.t , Pennsylvania Court;ofCommon,Pleas For Prothonotary Use Only: Ci,il'Cover Sheet (< Docket No: Cumberland` County lt/._ 77 a7 The information collected on this form is used solely court administration. purposes. This form does not supplement or replace the and service of pleadings or other papers as required by late or rules of court. Commencement of Action: S E Complaint El Writ of Summons El Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: State Farm Mutual Automobile Insurance Co. James Miller et al T Dollar Amount Requested: ❑x within arbitration limits I Are money damages requested? ❑x Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑ Yes E No Is this an MDJAppeal? ❑ Yes Z No A Name of Plaintiff /Appellant's Attorney: Paul F. D'Emilio, Esquire ❑ Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑x Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance ❑ Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) El Employment Dispute: ❑ Slander/Libel /Defamation Discrimination El C El Other: Employment Dispute: Other El ZoningBoard El , I ❑ Other: O MASS TORT Asbestos N ❑ Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment El Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus El Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 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 MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER NO. 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND c ANDREW MILLER Mw 40 TRUDY CIRCLE Cn MECHANICSBURG, PA 17050 CIVIL COMPLAINT r � -� E , ) NOTICE AVISO >� YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND LE HAN DEMANDADO A USTED EN LA CORTt1SI U 2ED AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, QUIERE DEFENDERSE DE ESTAS DEMANDAtEXPUESTAS -EN YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN FILING IN WRITING WITH THE COURT YOUR DEFENSES OR PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANT TO YOU. IMPORTANTES PARA LISTED. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR WITH INFORMATION ABOUT HIRING A LAWYER. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE CONSEGUIR ASISTENCIA LEGAL. 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 Cumberland County Bar Association Carlisle, PA 17013 32 S. Bedford Street (717) 249 -3166 Carlisle, PA 17013 (800) 990 -9108 QD (717) 249 -3166 `� (800) 990 -9108 t�� ck-� a..3sys , b0.0 S 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 MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER NO. 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE 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: 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 Amy Berkheimer the ( "Insured ") under a policy of insurance issued by Plaintiff. 2. Defendant, James Miller, is an individual residing at 40 Trudy Circle, Mechanicsburg, PA 17050. 3. Defendant, Andrew Miller, is an individual residing at 40 Trudy Circle, Mechanicsburg, PA 17050. 4. At all times hereinafter mentioned Defendant James Miller was the agent, workman, servant, employee of Defendant Andrew Miller then and there in engaged in the business of Defendant Andrew Miller within the course and scope of his employment. 5. On or about March 12, 2012 a motor vehicle owned by Defendant Andrew Miller and operated by Defendant James Miller on E Trindle Road, Mechanicsburg, Pennsylvania when he rear -ended Plaintiff's Insured's vehicle 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 Six Thousand Two Hundred Seventy Five and 40/100 ($6,275.40) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a rental vehicle being Two Hundred Fifteen and 62/100 ($215.62) less salvage received of Six Hundred Thirty Six 50/100 ($636.50) Dollars for a total of Six Thousand Three Hundred Fifty Four and 54/100 ($6,354.52) Dollars. Count I State Farm Mutual Automobile Insurance Company v. James Miller 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, James Miller 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 Insurance; j. 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. Andrew Miller 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, Andrew Miller, 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. 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 P I F. E ilio, Esquire 'ratification No. 16654 -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 1 I S l.T 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: �f ��a o� C �� Subroga ion eciali ar. +:+ +:;anmfia SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff c- +,,� ;��,�? 0i cluriber,Jody S Smith 1Q 14 F Chief Deputy € 20 Pf f 2, Richard W Stewart Fh( yr COUNT r�s , Solicitor - ' State Farm Mutual Automobile Insurance Company a/s/o Amy Berkheimer Case Number vs. James Miller(et al.) 2014-535 SHERIFF'S RETURN OF SERVICE 01/31/2014 11:16 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Melissa Miller, Wife, who accepted as"Adult Person in Charge"for James Miller at 40 Trudy Circle, Hampden Township, Mechanicsburg, PA 17050. p UTSHAL EPUTY 02/11/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Andrew Miller, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served" at 40 Trudy Circle, Hampden Township, Mechanicsburg, PA 17050. Defendant is active military and is currently deployed in Iraq. SHERIFF COST: $55.30 SO ANSWERS, February 11, 2014 RoN101 RANDERSON, SHERIFF 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 MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF : AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. • • PROTHON 11114 SEP CU,��E 22 Pt/ 1' �� 1 PENN Y � L' D OU` Y l�1,4 COMMON PLEAS COURT CUMBERLAND COUNTY JAMES MILLER NO. 14-535 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER • 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 CIVIL COMPLAINT 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 Mutual Automobile Insurance Company as subrogee of Amy Berkheimer and against the Defendant James Miller, for want of an answer, and assess Plaintiffs damages in the sum of $6,354.52 in accordance with a Complain AUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654. Prothy assesses Plaintiff's damage n the sum of $6,354.52 PRO PROTHY- - �`" h oivtAIRJ 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 MUTUAL AUTOMOBILE • INSURANCE COMPANY AS SUBROGEE OF : AMY BERKHEIMER • 112 E. WASHINGTON STREET DTB 8 • BLOOMINGTON, IL 61701 VS. JAMES MILLER NO. 14-535 40 TRUDY CIRCLE • MECHANICSBURG, PA 17050 AND ANDREW MILLER • 40 TRUDY CIRCLE • MECHANICSBURG, PA 17050 CIVIL COMPLAINT COMMON PLEAS COURT CUMBERLAND COUNTY 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 James Miller, 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 amended. PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY LD. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 COMMON PLEAS COURT CUMBERLAND COUNTY NO. 14-535 CIVIL COMPLAINT AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Amy Berkheimer, does hereby certify that a Notice of Intent to Enter Default Judgment was mailed on March 7, 2014 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". JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 F. D'EMILIO, ESQUIRE ORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland County, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 NO. 14-535 CIVIL COMPLAINT Notice is given that a judgment in the above ptio d m has been ered against you on q , 2014. , Prothopot 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 ID. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 STATE FARM MUTUAL AUTOMOBILE COMMON PLEAS COURT INSURANCE COMPANY AS SUBROGEE OF CUMBERLAND COUNTY AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 NO. 14-535 CIVIL COMPLAINT CERTIFICATION AS TO ADDRESS OF DEFENDANT I hereby certify the address of Defendant is as follows: JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 PAUL' 10, 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 MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF : AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 COMMON PLEAS COURT CUMBERLAND COUNTY NO. 14-535 CIVIL COMPLAINT CERTIFICATION AS TO ADDRESS OF PLAINTIFF i hereby certify the address of Plaintiff, State Farm Mutual Automobile Insurance Company as subrogee of Amy Berkheimer is as follows: PO Box 2371 Bloomington IL 61702-2371 PAUL . D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF rtreandAddrassof Sender Check type of mail or service: ❑ Certified 0 Recorded Delivery (International) ❑ COD 0 Registered ❑ Delivery Confirmation 0 Return Receipt for Merchandise ❑ Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (lf issued as a � 131. - } k r •,.017H 15526041 certificate of mailing, or for additional copies of this bill) ~;;t.- - CL Q +-•t r . W $ 3 . 7 cV 2. F.. -. •, `R�� �rf� a .UN (n Postmark and Date of Receipt - . _ _ - - Fee Handling Charge ;-� �' ..1. T- Article Number Addressee (Mame, Street City, State, & LP Code) Postage c, j( Cd --JPm/I-I-- 6__ -&o (( /0 AkLL-(sd/ 5' "H-(k-fi'D‘et f tf(A- #944 (ct'3( j 41g aQp rikmf T Cl/RCLF, CIV-OCC6)0z6 f'A-i'7o sO ,tit5 3. i C' '1.- b * i(rbi-C �i bit H51-1 V 0 q s 2�� a 9p6 a f141. ;R. Cd ;t fi r i l_ iz -', l tai td its C} �0 -. l., t . � K k N)Gapc h i� �C � o K � K �f-yv(i_i-� iig 19-' 9 b < 5. i4, tiN „p Fi�c(SS I) 5 U -rib Li d� sO l 315 � lr'- A '� v VI ► `� 6, tf rn ,' k 'C 'Fi i#�L t i t" J l ir 9 fi_19 tr\-t Y1 �. _ ' '1.. t\---j ' ' �i 0 C0 U .fit ) u 05 00 oy fac34-- c) ,4e ., k-- Le- rv\ / °Pi a e lin ► CO/ Total Number of s LWbySender Total Nu e f Pieces Po : st- r: hem Received ost Office of ace ng em oyes) See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete b pe Ink, or Ball Point Pen 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 AMY BERKHEIMER 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 AND ANDREW MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 NO. 14-535 . CIVIL COMPLAINT DATE OF NOTICE: March 7, 2014 TO: JAMES MILLER 40 TRUDY CIRCLE MECHANICSBURG, PA 17050 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 Pad 7.V'Emilio PAUL F. D'EMILIO, ESQUIRE