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HomeMy WebLinkAbout10-3850 Paul J. Hennessy. Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 r Tr,a , , tw tii`i I?• U 2D10 U 1 11 Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder PO Box 2373 Bloomington, IL 61702-2373 VS William E. Kamin III 15 Lois Lane Mechanicsburg, PA 17055 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 \eith the court your defenses or objections to the claims set tbrth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may he 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 or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. Cumberland County Bar Association 32 S. Bedford St. Carlisle. PA 17013 717-249-3166 800-990-9108 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law :No: /D -- 38.5o aorut 1, "-7? AVISO Le ban demandado a usted en la torte. Si usted quiere detenderse de estas demandas expuestas en las paginas siguientes. usted tiene veinte (20) Bias de plazo ai partir de la fecha de la demanda ti la notification. Ilace faita asentar una comparencia escrita o en persona o con un abogado % entregar a la torte cn fimna cscrita sus defenses o sus objeciones a las dcntanda) en contra de su persona. Sca misado quc si ti>tctl no ,c dclicndc. la Corte tomara medidas _N puCdc Wili[!Udl I'd ilk-11),010a C11 contra su}a ,in prc0o avi,o o n,,til1?,_?con..Ad mtu. ki Corte puede dccidir a favor dc' &_al,wc,ime ? rr_iuicrc quc ustcd Cumpla roll toda, I.r. prtn i?itmcs ?!C ,'.i,t demanda. Usted puccic perdcc tImcio o ;us propicdadcs u otros derechos importantes Para usted. Lleva esta demanda a un abogado inmedialamente. Si no tiene abogado o si no tiene el dinero suficiente tie pagar tal servieio. Vaya en persona o (lame por telefono a la ofteina cupa direction se encuentra encuentra escrita abojo pars averiguar dooinde se puede eonseguir asistencia legal. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 S' cK--t? A1zSy Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester. PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder PO Box 2373 Bloomington. IL 61702-2373 VS William E. Kamin III 15 Lois Lane Mechanicsburg, PA 17055 In The Court of Common Pleas Cumberland County, Pennsylvania :Civil Action Law No: COMPLAINT 1) Plaintiff State Farm Mutual Automobile Insurance Company is an insur.u?cc carrier licensed and authorized to conduct business in the Pennsylvania and having as one of its principal places of business the ahoN c captioned address. 2) Chris Schroeder an adult individual insured with Plaintiff State Farm Mutual Automobile Insurance Company on 06/27/2008. 3) Defendant William E. Kamin III is an adult individual residing at the above captioned address. 4) On or about 06/27/2008, Plaintiff State Farm Mutual Automohile Irr?ur??:?_, Company insured Chris Schroeder with personal automobile policy, policy number -0864-192-38A, said policy covering a 2005 Honda Civic, and carrying with same, collision coverages. 5) On or about 06/27/2008 at or near the intersection of Westminster Drive, South Middletown Township, Cumberland County. PA. Defendant William E. Kamin III while operating a 1996 Pontiac Sunfire. bearing DE. tag # 1970.E 1. did negligently or recklessly strike/collide into Plaintifl` Honda Civic, causing damages to same in the amount Of 55.504.1 i . 6) The negligence of the Defendant consisted of: a) failing to yield right of way; b) being inattentive; c) striking another motor vehicle lawfully upon the roadway; d) failing to give due regard to the rights, safety point and position of Plaintiffs insured's vehicle. e) fleeing the scene of an accident, t) other such negligence that may be developed through continuili1-1 discovery and trial of this matter. 7) The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and was due in no manner whatsoever to any act and/or failure to act on part of Plaintiffs insured. 8) As a result of the aforesaid collision. Plaintiff State Farm Mutual Automobilc Insurance Company settled the collision claim of Chris Schroeder in dic amount of $5,504.11 (said figure includes the first part), deductible) representing fair and reasonable reimbursement for the damages sustained. 9) Pursuant to the aforesaid policy of insurance, State Farm Mutual Automobile Insurance Company is subrogated to Chris Schroeder for this loss. WHEREFORE,, Plaintiffs demand judgment against the Defendant in the amount of $5,504.11 together plus costs, interest and such other relief this Court finds equitable and just. SUM-21844-PA COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading. and the facts set forth in the foregoing pleading are true and correct to the hest of counsel's knov%ledge. information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on inter% ie\\ conferences. reports, records and other investigative material in the file Dated: ' ` /? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~± f ~) -.~ ~- Ronny RAnderson .,~ T~ ~r r- , „ , ~ .,.~.~~~.,~ Sheriff ~~`ti~ti~4, of ~ulu~~rr~$~~ Jody S Smith cn;efDeputy ~ if_~ ~ 2~10.1i1` ~-B ~r'~ ~~ ``'`` i4i 3p +': Richard WStewart -~ ` CiJNi '_ ;~.;.;~,~~~~' Soilcltor ¢Ff ICE: irtS SH?wR)~1= ~r'~~1'^v~1 ~)!i+'~~ State Farm Mutual Automobile Insurance Co. vs. Case Number William E. Kamin, III 2010-3850 SHERIFF'S RETURN OF SERVICE 07/07/2010 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: William E. Kamin III, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant William E. Kamin III. Current resident of 15 Lois Lane, Mechanicsburg, PA 17055 is the defendant's Aunt. She advised Deputies, William E. Kamin III has not resided at this address in two years. However, The Mechanicsburg Postmaster is delivering William E. Kamin III's mail to 15 Lois Lane, Mechanicsburg, PA 17055. SHERIFF COST: $37.00 July 07, 2010 SO ANSWERS, ~~"`~- RON R ANDERSON, SHERIFF jc) CountySuite Sheriff, T'eleosoft. Inc. Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 I'I I OCT 13 P11 2: j"- 'I-IMBERLAND COUNT PENNSYLVANIA Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company Chris Schroeder 1100 Locust Street, Dept. 2019 Des Moines, IA 50391 VS William E. Kamin III 100 William Drive Millsboro, DE 19966-9532 : In The Court of Common Pleas Cumberland County, Pennsylvania : Civil Action Law : No: 10-3850 Civil Term PRAECIPE TO REINSTATE To the Prothonotary: Please reinstate the complaint in the above matter and return to the attorney for service. Azad Alxll?llva P ul J. H es y, Esquire Hennessy & Walker Group A +k Y DPAW?'10111 V) -CO UPI Ck-k (,cn BRESLIN SPECIALIZED SERVICES National P.O. Box 325 Association of Upper Darby' PA 19082 Professional Process Servers (610) 734-1647 AFFIDAVIT OF SERVICE Philadelphia Association of Professional Process Servers PLAINTIFF(S) COURT TERM 8 NO. COUNTY State Faun MAx al A tambile iTm rmm 0apmny 10-3850 Q vEEFLW DEFENDANT(S) DATE RECEIVED SERVE BY William E. Kamin, III 10-19-11 11-20-11 SERVE AT Civil Action Cop l a i n t ? Subpoena ? Summons ? Other 100 William Drive ? Writ of Millsboro DE 19966 C"1 -rt SPECIAL INSTRUCTIONS rn -ryy C IV ©t? NIA Served and made known to =''t on the day of , 20 , at oc i-M., at , County of Tit tst ?' Commonwealth of Pennsylvania, in them inner described below: -t -t 0 Defendant(s) personally served. 0 Adult family member with whom d Defendant(s) reside(s). Relationship is 0 Adult in charge of Defendant's resi once who refused to give name or relationship. 0 Manager/Clerk of place of lodging i which Defendant(s) reside(s), authorized to accept deliveries of U.S. Mail. O Agent or person in charge of Defen dant's office or usual place of business. 0 an officer of said Defendant company. 0 Other DESCRIPTION AGE HEIGHT WEIGHT RACE SEX OTHER On the day of , 20 \k ) at PM o'clock, M., Defendant not found because: 0 Moved 0 Unkn 0 No Answer 0 Vacant Other NAME OF SERVER ,_ Svmm & Sulostxibed bef rs me this d _ G y da C1 Xy\ e-t \ being 1uly sworn according to law, certify that r777 I am eighteen years of age or older and t hat I am not a party to the action or an \? ' ?' employee or relative of a party. I verify that the statements made in this affidavit and return of service are , • i . true and correct. I understand that false s tatements herein are made subject to C, O ••c the penalties of 18 Pa.C.S. § 4904 relatin g to unsworn falsification to authorities :Z; EXPIRES • MARCH 10, 2013 Sheriff Process Server/ Competent Adult •??'O ?`??`? 6- A ?Py r DEPUTIZED SERVICE V , 4 OF DO, '1/j Now, this day of 20 .1 do hereby deputize the ern of f s`// r r ? e l ab?l?ty. to serve this 0 Summons 0 Complain t 0 Other and make return thereof and according to Law. By (Competent Adult) County Sheriff's Check $ Law Firm Hennessy ATTEST Attorney's Name P aul J. Hennes For Plaintiff PRO PROTHY Address 142 West Market Street West Chester, PP 9382 Telephone # 610-431-2727 Identification # 65396 . DATE 'i ?i D i r 01990 Philadelphia Assoc. of Professional Proce6s Servers STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o CHRIS SCHROEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. WILLIAM E. KAMIN, III NO. 2010-3850 CIVIL T911M Defendant `-=° , 70 Tf`. IN RE. PETITION FOR ALTERNATIVE SERVICE; ?.. ORDER OF COURT' l day of March, 2012, upon consideration of P6irffiff's AND NOW, this 2 Petition for Alternative Service, it is ordered and decreed that service of the Complaint in this case upon the Defendant, William E. Kamin, III, may be made (1) by first-class and certified mail at Defendant's known address, 15 Lois Lane, Mechanicsburg, PA 17050; (2) by posting the Complaint on the most public portion of the property located at 15 Lois Lane, Mechanicsburg, PA 17050; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendant at the aforesaid Lois Lane address, with service to be deemed complete upon mailing. BY THE COURT, Placey, C.P.J. Distribution: .1 Paul J. Hennessy, Esq. Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 For Plaintiff r/ William E. Kamin, III 15 Lois Lane Mechanicsburg, PA 17050 For Defendant eop'-es nta, /fc/ I& C Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 PR - g P11 u! "IERLAND CpU ?-r PENNS y ? Attorney for Paint State Farm Mutual Automobile : In The Court of Common Pleas Insurance Company : Cumberland County, Pennsylvania a/s/o Chris Schroeder : Civil Action Law V. : No. 10-3850 Civil Term William E. Kamin, III PRAECIPE To The Prothonotary : Please reinstate the Complaint in the above captioned matter. PajA J. He Hennessy P.C. C) aM,} ill. 7S?d a C? ? las3? iti0?'i ? sad ?3 ?a4sa4O''oio8 All t?AN j goN 'simno '9 VS3j3m ?V? ?VIaV10N DiI mfld ANN LO Z I OZ` -Lv/ V 30 ,yep kt. Zlsigl auz aaopq p3gljosgns pun 01 uaoms JOIInM T XssauuaH jIV `aambsg `jo r ueiag SSOLI Fed `SmgsoiueuoaW Quell sio-l S 1 III `u UMN 'H U-MIUiM :molaq ssaappu oqi of ZIOZ `ZI pidV uo p edaad Aeisod (juln2w pue p3gvoo) pew sajujS pajiun ssnlo jsjg,(q aotnaas aAijnudajln OuijuujO aapa0 jinoD Qqj wine aouepzoooe ui juupuajaQ 3qj uodn uopt, pauoijdeo anogn a,lj ui palg jutelduxoD aillIo Kdoo 13auo3 pun 3TUI n panJas snq 3q jUgj sf,es pue sasodap `noel of 2uipzooou uzonns XInp 2ui3g `DIV `ajmbsg `jo3jlnM • f mig ss : NHISHHD 30 A LNf10D :VINVA'IASNNHd 30 H.L'lVgMNOWWOD 33IAWHS AO ZIAVUI33V uua,I, I!AID OS8£-Oi 'ON: Hoeg uo113V I!AID : uTUnnlXsuuad `,44unoo puepoqumo suald uOwWOD 30 PnOD OTL ul III `uiure}I 'g uretiiiM •A i3poo lps siztl? o/s/e XueduzoD aouninsul 3pgouzojnH InnjnW uuuA alnIS 1Nn03 O1 g :1 1-4d 91 d 1102", :a Ip J, i n >-?t LZ61L 'Q'I ?fauao??? LZLZ- I £t,-019 Z8£6i Vd `J31sND IsaM 133jis 131jU w'M Zt1t a311nM W XssauuaH aambsg `jajleM • f uoijg SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 11L D-OFFIC Sheriff f ; THE PRCTHONO TAR li. ???tt;' cat 2,?atti+pty,t,Jody S Smith Chief Deputy 7011 APR 20 AM 8:44 - Richard W Stewart GUMtERLAND COON y Solicitor PENNSYLVANIA State Farm Mutual Automobile Insurance Co. vs. Case Number . William E. Kamin, III 2010-3850 SHERIFF'S RETURN OF SERVICE 04/13/2012 04:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1646 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William E. Kamin, III, pursuant to order of court by posting the premises located at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. SHERIFF COST: $44.00 April 18, 2012 RYAN BURGE SO ANSWERS, RONK'SY R ANDERSON, SHERIFF Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 70121 A -3 P!1 c CUMBERLAND COUNT't PENNSYLVANIA Attorney for Plaintiff State Farm Mutual Automobile : In The Court of Common Pleas Insurance Company a/s/o : Cumberland County, Pennsylvania Chris Schroeder : Civil Action Law V. : No. 10-3850 Civil Term William E. Kamin, III AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER : ss. Paul J. Hennessy, Esquire, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant William E. Kamin, III in accordance with the Court Order granting alternative service by publication in both the Cumberland County Legal Journal on April 27, 2012, and publication in The Sentinel on April 17, 2012, copies of the proof of publication are attached hereto. d AiW4 Paul J. ennessy, Ek1kc e Hennessy & r S worn to and subscribed before me this / S r day of AIN/ ,2012. OTARY TM OF PVOWV vAMA NOTARIAL SEAL THERESA B. CHUPLIS, Notary Pubk West Chester Boro., Chester County Cornrtission ExI*es November 4,1014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 27, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 27 day of April, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No.: 10-3850 State Farm Mutual Automobile Insurance Company a/ s/ o Chris Schroeder VS. William E. Kamin, III Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 PAUL J. HENNESSY, ESQUIRE Attorney I.D. 65396 142 West Market Street West Chester, PA 19382 (610) 431-2727 Apr. 27 NOTICE TO: William E. Kamin, III YOU HAVE BEEN SUED IN COURT. NOTICE IS HEREBY GIVEN that State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder have filed a civil action against you in the Court of Com- mon Pleas of Cumberland County, Pennsylvania at No. 10-3850, in which they are seeking restitution for damages sustained in a motor vehicle accident which occurred on or about June 27, 2008. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiffs. You may lose money or property or other rights important to you. You should take this notice 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 law- yer, 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 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 17, 2012 COPY OF NOTICE OF PUBLICATION IN THE:COURT OF'COMIION PLEAS OF, CUMBERLAND"COUNTY, PENNSYLVANIA CIVIL ACTION- LAW* No. 10-3650 State Farm Mutual-Automobile Insurance Company a/s/o Chris Schroeder Va. - - William E. Kamin, III NOTICE To: William E. Kamin, Ill YOU HAYS BEEMSUED IN goURT;; ? Notice is hereby.io ` th Sit? Farm AAgtu?al Automobq@ Blur n e in the ? It 10-38. motor wish t land County, Pennsylve restitution for damages a aavmeq.a,., •? ,??. -_ -°--- - r e.ew hhout You anc a are warned that If you fall to do so,the case may p judgment may entered egainstyou whhoutturther no C Clothe frl hts requested by the Plaintiffs. You may bse money or properly , 9 important to you. You should take this notice to your lawyer at once. If yoq t1o not h vide I uwe h go to or telephone the office set fotth.,below. This otficd't an P Y Information about hiring a lawyer. it you cannotafford to hire a lawyer, thit 6ffice maybe able to provide youwhh information; about agencies that may?offer legal services to eligible persons at a reduceit fee or no tee. Cumberland county Bar As9o'Oon _ 32 South ,eclford Street Carlisle, PA 17013 717-249-3166 Paul J, Henn,Msay', Esquire 14?West Merlta1`SttAet WW1 t Cheater, PA-""1939^x: 610-431-2727 Attorney I.D. 65396 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ne. 7 Sworn to and subscribed before me this n1hh , ota 20 F, Notary Public My commission expires: NOTARIAL SEAL .? BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH. CUMBERLAND CNTY My Commission Expires Jan 27, 2014 State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder VS William E. Kamin, III In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law NO. 10-3850 NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YO PR HONOTARY If you have any questions concerning the above, please contact: Paul J. Hennessv Esquire Attorney or Party Filing 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 1 d ? ?, d ._ x _{ i ?i 1 ?• ?l rl ripi 7 L; ',?1 BERLAND CoUq? € 'Nits} LVA,?1fA Attorney for Plaintiffs Mate rarm mutual Automobile Insurance Company A/S/O Chris Schroeder VS William E. Kamin, III In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law NO. 10-3850 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter Judgment in the above case by default for want of response to the Complaint filed against the Defendant William E. Kamin III, and assess the damages as per the statement below: Real Debt: $5,504J4 A A A Paul Y.1Ienne*, 9squire I hereby certify that written notice of the intention to file thi Vraecipe was mailed to the party against whom judgment is to be entered and to is attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of said notice is attached hereto. Paul Henne y, squire awk °%16.560 Ck-JA 6scl i And now, V e 2012, Judgment entered in favor of the U 3 Plaintiff and against the Defendant by defaul r w f r e to the Complaint and damages assessed at the sum o 5,50 asdV above ent. ab onotary OFFICE OF THE PROTHONOTARY COURT OF COMMON I LIHAS Dated: May 21, 2012 • William E. Kamin, III To: 15 Lois Lane Mechanicsburg, PA 17055 COURT OF COMMON PLEAS State Farm Mutual Automobile Cumberland County, Pennsylvania Insurance Company a/s/o Civil Action Law Chris Schroeder No. 10-3850 VS Wiliam E. Kamin, III Notice, Rule 237.5 Notice of Praecipe to Enter Judgment by Default IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya seapersonalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defenses u objeciones a los reclamos formulados en contra suyo. Al no tomar laaccion debida dentro de diez (10) dial de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe Ilevar esta notifracion a unabogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal sericio, vaya en persona o Ilame por telefono a la ofrcina, nombrada para averiguar si puede consegui asistencia legal. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 If you have any question concerning this notice, please call: Paul J. Hennessy, Esquire (Name of Attorney or Plainti„(i 142 W. Market Street, Suite 2, West Chester, PA 19382 (Attorney's or Plaintiffs Address) 610-431-2727 at this telephone number: State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder VS William E. Kamin, III In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law NO. 10-3850 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA: . ss. COUNTY OF CHESTER Paul J. Hennessy, Esquire, being duly sworn according to law, deposes and says that he represents the Plaintiff(s) in the above entitled case; that he is authorized to make this affidavit on behalf of the Plaintiff(s); and that the above named Defendant(s) is(are) unknown years of age; the address of Defendant(s) is 15 Lois LaneMechanicsburg, PA 17055,; occupation of Defendant(s) is unknown; and Defendant is not in the Military Service of the United States nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and subscribed before me this 57Wday of 2012. Notary Public C0"#*W W&A-TH OF PENNSYLVM" NOTARIAL : ? ;;RESA B. CNUPLI? :Notary Pubp? WeWChesBoro., ('n-,,steer Cwmty lion Tres N vember 4, 2014 Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney LD. 65396 Attorney for Plaintiff State Farm Mutual Automobile Insurance Company '' A/S/O Chris Schroeder VS William E. Kamin III In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No.: 10-3850 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER : ss. - ~~~ ~" ~: ~- ~ ~ ~-, ' i~ c ra ' ~ -~ o ~~ -c~ ~- ~.._ , ~, ~ .. ~ ~:~s.~ ..,~ r~-, Paul J. Hennessy, Esquire, being duly sworn according to law, deposes and says the above captioned action was a motor vehicle accident. ~~:Cs~ J. Hennessy, Esc Hennessy & W. Sworn to and subscribed before me this ~ b~ day of ~ ~G vy~ ,2012. ARY PUBLICo ap~oNwrc~~+ o~ v,~rr- NOTARIAL ~ Plblc THERESA B. CMUPUS, Nolh~ ., ~~ ~ 5.?5 PD ~ ~# a ~ 9y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE FARM MUTUAL AUTOMOBILE No. 3850 - 2010 INSURANCE COMPANY A/S/O CHRIS .• SHROEDER .• • o_ 3g5-4-) 1/' e1-(11 v. WILLIAM E. KAMIN III CIVIL ACTION - LAW PETITION TO RE -OPEN AND VACATE JUDGEMENT AND NOW, comes the Defendant, William E. Kamin III, as Petitioner, by and through his attorney, Jerry W. Brown, Esquire, who respectfully requests that the judgment in the above matter be re -opened, declared void and set aside, and the matter be opened and held ripe for further litigation, for the reasons set forth below and averred as follows: 1. On or about June 11, 2010, the above civil action was filed by the State Farm Mutual Insurance Company in subrogation, wherein it is alleged that Defendant, William E. Kamin III (hereinafter "Mr. Kamin" or "Petitioner"), was at fault and legally responsible for damages caused to a vehicle owned by Mr. Chris Schroeder (hereinafter "Schroeder"). (A true and correct copy of said suit and cover sheet are attached at Exhibit P-1 and are incorporated herein by reference as if set forth in its entirety.) 2. On or about July 7, 2010, Deputy Sheriff Ronny R. Anderson of the Cumberland County Sheriffs Office filed a Return of Service wherein he states he was unable to locate Mr. Kamin at the last known address of said person, to wit: his Aunt's residence at 15 Lois Lane in Mechanicsburg, PA 17055. (A true and correct copy of said Sheriffs Return of 1 Service is attached at Exhibit P-2 and are incorporated herein by reference as if set forth in its entirety.) 3. In his Return of Service, Deputy Anderson avers that Mr. Kamin's Aunt informed the deputy that Mr. Kamin had not lived there for two years. No mention was made, by the Deputy, as to any other information he received regarding the whereabouts of Mr. Kamin. 4. It has just come to light that while Mr. Kamin's Aunt, Cheryl Cowden, did inform Deputy Anderson that she did not know where Mr. Kamin was living, she also told Deputy Anderson that she did know exactly where Mr. Kamin was working. She then informed Deputy Anderson of the name of the business, its location within Cumberland County, and the fact that Mr. Kamin could easily be reached there. 5. It has just been discovered that neither Deputy Anderson nor any other member of the Cumberland County Sheriff s Department ever attempted to contact Mr. Kamin at his place of business, despite the fact that Mr. Kamin was steadily employed at that location as a full time employee and was easily accessible and available for service of process. 6. At no time did Mr Kamin attempt to hide his whereabouts to avoid service. 7. The location of the accident was within the larger plaza where Mr. Kamin, in fact, worked. 8. Mr. Kamin was not a Pennsylvania licensed driver and was under no requirement to notify PennDOT of any change of address. 9. At the time of the accident, as well as all times subsequent, Mr. Kamin did not have a vehicle titled or licensed in Pennsylvania. 2 10. It appears that State Farm Mutual Insurance attempted to locate Mr. Kamin in the state of Delaware where he had previously lived despite what would appear to be sufficient knowledge that he no longer lived there. (A true and correct copy of Plaintiff s attempted service in Delaware is attached at Exhibit P-3 and incorporated herein by reference as if set forth in its entirety.) 11. Needless to say, Mr. Kamin was not found in Delaware. 12. Plaintiff then filed an ex parte Petition with the Court and asked for permission to conduct alternative service. There is no mention in said Petition that Plaintiff, or those acting as his agent or on behalf of a government entity ever tried to contact Mr. Kamin at his place of business. (A true and correct copy of Plaintiff's Petition for Alternative Service is attached at Exhibit P-4 and incorporated herein by reference as if set forth in its entirety.) 13. Plaintiff's required good faith effort to locate Mr. Kamin fails to articulate that he made a sufficient effort to locate him. 14. Plaintiff's Petition was granted by The Honorable Thomas A. Placey on or about March 12, 2012. (A true and correct copy of the Court Order is attached at Exhibit P-5 and incorporated herein by reference as if set forth in its entirety.) 15. Service was then made by publication. (A true and correct copy of the record of said publication is attached at Exhibit P-6 and incorporated herein by reference as if set forth in its entirety.) 16. Among the alternative service attempted, was alleged service by Cumberland County Sheriff's Deputy Ryan Burgett, possibly accompanied by Sheriff Ronny R. Anderson, who 3 allegedly posted a copy of the Civil Complaint at the 15 Lois Lane address of Mr. Kamin's Aunt, Cheryl Cowden. (A true and correct copy of the Return of Service is attached at Exhibit P-7 and incorporated herein by reference as if set forth in its entirety.) 17. Ms. Cowden adamantly denies ever finding the aforesaid alleged service. 18. It should be noted that now Sheriff Anderson, who attests to the service and should therefore know that Mr. Kamin had not previously been served was, apparently, the person who Ms. Cowden told of the exact whereabouts of Mr. Kamin. 19. On or about June 7, 2012, a Praecipe for Judgment was entered against Mr. Kamin in or about the amount of $5,504.11. (A true and correct copy of the Praecipe for Judgment is attached at Exhibit P-8 and incorporated herein by reference as if set forth in its entirety.) 20. At a subsequent date, unknown to Mr. Kamin, Plaintiff requested that PennDOT suspend Mr. Kamin's operating privileges within Pennsylvania for failing to pay said judgment. 21. Mr. Kamin never received notice of said suspension. 22: It was only upon a recent attempt to get a Pennsylvania Learner's permit that Mr. Kamin discovered that his privileges were suspended. 23. Mr. Kamin subsequently discovered that a judgment in this matter had been entered against him. 24. Had Mr. Kamin known of the civil suit, he would have retained counsel and contested the matter vigorously. 25. Mr. Kamin was denied his right to contest this matter in court through no fault of his own. 4 26. Mr. Kamin was denied his right to contest this matter in court due to a lack of reasonable effort to complete service by Plaintiff and the Cumberland County Sheriff's Office. 27. Then Deputy Anderson was given an exact location with which to serve Mr. Kamin, but did not follow through and utilize that information though it would have been simple enough to do so. 28. Plaintiff did not exercise a "good faith effort" to attempt to locate and serve Mr. Kamin, insomuch as attempted at service in Delaware was farcical at best. 29. There is no evidence that the Sheriff's Office or the agents acting in Plaintiff's behalf ever checked local tax records which would have easily provided them with Mr. Kamin's workplace and work address, as well as an address where he lived. 30. Had the Cumberland County Sheriff's Office or the Plaintiffs agents contacted the Cumberland County Domestic Relations Office, they would have quickly discovered that where Mr. Kamin worked as well as a good address for him. 31. Service by alternative means may only be used when there has been a good faith effort to serve by regular means. 32. In this instance, those efforts are sorely lacking and are, in fact, a sham designed to acquire an inflated judgment against an individual who was not given the opportunity to defend himself in Court, in violation of his right to due process and fairness under the law. 33. This matter is ripe for litigation insomuch as Mr. Kamin vehemently contests the allegations in the Complaint and respectfully asks for his day in Court. 34. Should this judgment be set aside and this case re-opened for litigation, Plaintiff will not be harmed by any actions taken or not taken by Mr. Kamin from the date the matter was filed to the present. 35. In order to succeed in his Petition, Mr. Kamin must establish that he has successfully met all three elements of a three-pronged test, to wit: 1). The Petition must be promptly filed; 2). The Defendant's default must be explainable or excusable; and 3). The Petitioner must establish that he has a valid defense to the original suit. Stabley v. Great Atlantic & Pacific Tea Co., 89 A.3d 715 (Pa.Super. 2014). 36. This Petition meets the first prong of the three-pronged test required to re-open and vacate judgment insomuch as this Petition is timely because Petitioner was unaware of the filing of this aforesaid litigation, was never personally served although such service could have been readily obtained and was completely unaware of a judgment being entered until the present time. The Petition is also timely insomuch as a primary element of Mr. Kamin's defense, as articulated hereafter in paragraph 37, only came to light, and was confirmed, within the last few days by the revelations of Cheryl Cowden, Mr. Kamin's aunt. 37. This Petition meets the second prong of the three-pronged test required to re-open and vacate judgment insomuch as Petitioner's lack of prior participation in the aforesaid suit is wholly excusable and explainable because Petitioner's lack of participation was due, in no part, to the actions of the Petitioner who was available for service at all applicable times and would have been ready and willing to participate in litigation and challenge the merits of Plaintiff/Respondent's suit. Petitioner's lack of participation was caused solely because 6 of a lack of due diligence on the part of the Cumberland County Sheriff's Department an Plaintiffs then Counsel of Record rendering any attempt at service by publication null and void insomuch as such service is reserved only for the rare instances where the subject of the suit cannot be located after due diligence in locating the whereabouts of the Defendant and effectuating service by standard means has been exercised and attested to. In the instant case, the required due diligence was not satisfied. 38. This Petition meets the third prong of the three-pronged test required to re-open and vacate judgment because Petitioner would have presented a valid defense to the aforesaid matter insomuch as Plaintiff's subrogee was negligent in his driving at the time the accident occurred thereby limiting if not excusing liability on the part of the Petitioner. Petitioner's lack of participation in the litigation was due, in no part, to the actions of the Petitioner who was available for service at all applicable times and would have been ready and willing to participate in litigation and challenge the merits of Plaintiff/Respondent's suit. Petitioner was not served and made aware of the litigation at issue solely because of a lack of due diligence on the part of the Cumberland County Sheriff's Department and Plaintiff's Counsel of Record. 39. Insomuch as Mr. Kamin was never served, or even made aware of this matter until well after the fact, nor was he ever notified of the suspension of his operating privileges, Mr. Kamin respectfully asks that this Court also Order than the suspension of his Pennsylvania operating privileges be lifted and that those privileges be restored. 7 WHEREFORE, Movant respectfully requests that this Honorable Court act as follows: 1). Vacate the judgment entered at No. 3850 of 2010 Civil Term; 2). Order that Movant be personally served of the aforesaid matter in accordance with the Pennsylvania Rules of Civil Procedure; and 3). Order that all suspensions placed against the operating privileges of Movant be lifted and that the Pennsylvania operating privileges of William E. Kamin III be immediately restored. Y W. BFROWN, ESQUIRE A o ney I.D. No. 65345 15 ' randview Road Hummelstown, PA 17036 (717) 585-2367 Attorney for the Petitioner 8 VERIFICATION I, the undersigned, do hereby affirm that the facts contained herein are true and accurate according to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties contained in 18 Pa.C.S. sec. 4904 (relating to unsworn falsification to authorities). Date: /a- 23•24cy 9 William E. Kamin III 11 1 Paul .1. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder PO Box 2373 Bloomington, IL 61702-23 73 VS William E. Kamin I11 15 Lois Lane Mechanicsburg, PA 17055 :In The Court of Common Pleas :Cumberland County, Pennsylvania :Civil Action Law :No: COMPLAINT 1) Plaintiff State Farm Mutual Automobile Insurance Company is an insurance carrier licensed and authorized to conduct business in the Co mnon""cal!h I Pennsylvania and having as one of its principal places of business the above captioned address. 2) Chris Schroeder an adult individual insured with Plaintiff State Farm Mutual Automobile Insurance Company on 06/27/2008. 3) Defendant William E. Kamin 111 is an adult individual residing at the above captioned address. 4) On or about 06/27/2008, Plaintiff State Farm Mutual Automnhi le Inst.u.„:r_ c P-1 II Company insured Chris Schroeder with personal automobile policy, policy number -0864-192-38A, said policy covering a 2005 Honda Civic, and carrying with same, collision coverages. 5) On or about 06/27/2008 at or near the intersection of Westminster Drive, South Middletown Township, Cumberland County, PA, Defendant William E. Kamin 111 while operating a 1996 Pontiac Sunfire. bearing DE tag # 1970 1. did negligently or recklessly strike/collide into Plaintiffs insinrl's _epi, -f Honda Civic. causing damages to same in thc amount of S5.50-1.11. 6) The negligence of the Defendant consisted of: a) failing to yield right of way; b) being inattentive; c) striking another motor vehicle lawfully upon the roadway; d) failing to give due regard to the rights, safety point and position of Plaintiff's insured's vehicle; e) fleeing the scene of an accident: t) other such negligence that may he developed through continuing discovery and trial of this matter. 7) The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and was due in no manner whatsoever to any act and/or failure to act on part of Plaintiffs insured. 1 8) As a result of the aforesaid collision. Plaintiff State Farm Mutual Automobile Insurance Company settled the collision claim of Chris Schroeder in the amount of $5.504.11 (said figure includes the first party deductible) representing fair and reasonable reimbursement for the damages sustained. 9) Pursuant to the aforesaid policy of insurance, State Farm Mutual Automobile Insurance Company is subrogated to Chris Schroeder for this loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $5.504.11 together plus costs. interest and such other relief this Court finds equitable and just. SUM -21844 -PA 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-uFr::CE THE P Pr jr'> "^:CT 1Y ‘481�titr of CRIFibtr, 044, h f OFFICE OF THE SHERIFF 2010 JUL -8 Pit 8: 44 CUf�D C .IUNTY PtNl vJ • L1/' !. State Farm Mutual Automobile Insurance Co. Case vs. 2010-3850Number William E. Kamin, Ill SHERIFF'S RETURN OF SERVICE 07/07/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William E. Kamin III, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant William E. Kamin III. Current resident of 15 Lois Lane, Mechanicsburg,PA 17055 is the defendant's Aunt. She advised Deputies, William E. Kamin III has not resided at this address in two years. However, The Mechanicsburg Postmaster is delivering William E. Kamin III's mail to 15 Lois Lane, Mechanicsburg, PA 17055. SHERIFF COST: $37.00 SO ANSWERS, July 07, 2010 P-2- (c) -Z (c) CountySuite Shenfl, Teleosoft, Lx. RONR ANDERSON, SHERIFF National Association of Professional Process Servers BRESLIN'SPECIALIZED SERVICES P.O. Box 325 Upper Darby, PA 19082 (610) 734-1647 AFFIDAVIT OF SERVICE Philadelphia Association o Professional Process Servers PLAINTIFF(S) State Farm Atm]. Autanatiie It arae CarpErry COURT TERM & NO. 10. COUNTY Q2RE13ND DEFENDANT(S) William E. Kamin, III DATE RECEIVED 10-19— SERVE BY 1-20-11 SERVE AT 100 William Drive Millsboro DE 19966 xCivil Action ❑ Summons ❑ Writ of COTTTil7 Al ❑ Subpoena ❑ Other CI SPECIAL INSTRUCTIONS Served and made known to =-rt on the day of ,20 ,at at County of Commonwealth of Pennsylvania, in the manner described below: O Defendant(s) personally served. O Adult family member with whom said Defendant(s) reside(s). Relationship is O Adult In charge of Defendant's residence who refused to give name or relationship. O Manager/Clerk of place of lodging in which Defendant(s) reside(s), authorized to accept deliveries of U.S. Mail. O Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant company. O Other "11 Z D -•C DESCRIPTION AGE HEIGHT WEIGHT RACE SEX OTHER On the day of No ArAr i r Defendant not fouunndd because: 0 Moved rc4k NAME OF SERVER ---YaxN Gunn being I am eighteen years of age or older and t employee or relative of a party. I verify that the statements made true and correct. I understand that false the penalties of 18 Pa.C.S. § 4904 relatin Sheriff O Unkn Sunbea , 20 k , at O No Answer 0 IZ 11 -KS err, o'clock, e p1��'ts M., Vacant 1� Other ci ant arm Swom tori subscribed be my sworn according to law, certify that at I am not a party to the action or an 'n this affidavit and return of service are tatements herein are made subject to to unsworn falsification to authorities Process Server/ Competent Adult DEPUTIZED SERVICE Now, this day of , 20 , I do hereby deputize the to serve this 0 Summons 0 Complai 0 Other By (Competent Adult) da this N Aft ‘;0MMfS s.� per/ ,• EXPIRES Z • MARCH t0, 2013 ; = riff of 4/111111100PurRY. and make retum thereof and according to Law. County Sheriff's Check $ Law Firm He Attorney's Name' J. Hennes Address 142 West Market West Chester, PP Street For Plaintiff 9382 Telephone # 610-431-2727 ©1990 Philadelphia Assoc. of Profession Identification # 65396 Process Servers P-3 ATTEST PRO PROTHY DATE 11 1 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 OF Pi? 0 THONOTARY 22 „ Pti 1: , tt aa3ERL AND COUNTY w� PENNS Y INA NIA Attorney for Plaintiffs State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder v. William E. Kamin, III : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No. 10-3850 Civil Term PETITION FOR ALTERNATIVE SERVICE AND NOW, Plaintiff by and through their attorney, Paul J. Hennessy, Esquire, hereby make petition to this Court for alternative service pursuant to PA R.C.P. 430 and in support thereof, state the following: 1. The civil complaint was filed on June 11, 2010, listing Defendant residing at 15 Lois Lane, Mechanicsburg, PA 17055. 2. The Police Report of the motor vehicle accident giving rise to the present action listed the address of the Defendant as 15 Lois Lane, Mechanicsburg, PA 17055. Exhibit "A." 3. Three attempts were made by Sheriff to serve the Defendant at 15 Lois Lane Mechanicsburg, PA 17055, but service was not effectuated upon the Defendant, who were advised by the Defendant's Aunt that the Defendant no longer resided at 15 Lois Lane, Mechanicsburg, PA, but indicating the "Mechanicsburg Postmaster is delivering William E. Kamin III's mail to 15 Lois Lane Mechanicsburg, PA. Exhibit "B" 1 4. Plaintiff's obtained a Skip Tracing, Inc. investigative report, which confirmed the Defendant's address as 15 Lois Lane, Mechanicsburg, PA 17055, by performing a neighborhood search, examining postal records, and tax records. Exhibit "C." 5. Plaintiffs obtained an Accurint Person Search Report which confirmed that 15 Lois Lane, Mechanicsburg, PA 17055 is a valid address for the Defendant. Exhibit "D." WHEREFORE, Plaintiffs seek an order from the Court in view of the fact that the Defendant appears to be either unavailable or deliberately concealing his/her whereabouts, permitting service by mailing to the aforesaid premises. aul J. sennessy, Esq Hennessy & W. er STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o CHRIS SCHROEDER, Plaintiff v. WILLIAM E. KAMIN, III Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT C.") NO. 2010-3850 CIVIL TAM rnrrl v,r- rci Z C� IN RE: PETITION FOR ALTERNATIVE SERVICE ORDER OF COURT AND NOW, this j'l 'day of March, 2012, upon consideration of Plaintiff's Petition for Alternative Service, it is ordered and decreed that service of the Complaint in this case upon the Defendant, William E. Kamin, III, may be made (1) by first-class and certified mail at Defendant's known address, 15 Lois Lane, Mechanicsburg, PA 17050; (2) by posting the Complaint on the most public portion of the property located at 15 Lois Lane, Mechanicsburg, PA 17050; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendant at the aforesaid Lois Lane address, with service to be deemed complete upon mailing. BY TH Thom.* Placey, C.P.J. 5". PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 27, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. P -G cd't Marie Coyne, i or SWORN TO AND SUBSCRIBED before me this 27 day of April, 2012 NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 17, 2012 COPY OF NOTICE OF PUBLICATION IN THE COURT Op COMMOMPLEAP310,. CUMBERLAND COUNTY, 12„E LVANIA CIVIL Apioril;: Norio -35o State Farm .MutualAutbriticiblie Inaularteia;Colnott, • afsIo ChrlaRehrotater'.. , i; • ' ; E.Jtarniri,111 1:40TICETCli . Willlain E. Kantill,111 i • • • •'` 191 ' ..8.01WOM14111 ..41,110110;060k!tte, 100**040Y rad aityoij len,ppIrt:t9 yo,y. go to or telephone:the office set ferth,be Information -about hiring a lawyer.... , ; : • AVE DEE8UED 1k.r • . ;•against you In the': -frobeiland. County, Pennsylvania at No. fe:004ki0BiAlifffiltfOOilof yo • —044QQtiitYeu . . ..,„ • . If you cannot to hire a Lawyer, thiggifiee may be able yoi iniormanokabout agencies that may,ofitirligal **Ole eligible ens at a tWaUcitiatee or no fee. _ . Cumberland 04049 Bar #41004,‘ trOr!- • 32'EMOV.BeiffOrit.Street,i • cirlistec PA 17013 • 717149-3166. : • . • , Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication e. Sworn t flTh /6-6 eAay and subscribed before me this 20S2 ikubt Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FLED -OFFICE THE PROTHONO TAR'i' NI? APR 20 AM 8:1414 CUMBERLAND CNN rY PENNSYLVANIA oi CUM/4w 414 QFFiCE, TK E SHERIcr State Farm Mutual Automobile Insurance Co. vs. William E. Kamin, Ill Case Number 2010-3850 SHERIFF'S RETURN OF SERVICE 04/13/2012 04:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1646 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William E. Kamin, III, pursuant to order of court by posting the premises located at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. RYAN BURGE1 , SHERIFF COST: $44.00 SO ANSWERS, April 18, 2012 RONtY R ANDERSON, SHERIFF Cot Sheriff. Teloosof!. 11 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney 1.D. 65396 -OF tO' i .L 7;L. THONO T, i012,1CN-7 AH1): CUMBERLAND COU ITY PENNS YLVVA? IA Attomey for Plaintiffs State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder VS William E. Kamin, III : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : NO. 10-3850 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter Judgment in the above case by default for want of response to the Complaint filed against the Defendant William E. Kamin III , and assess the damages as per the statement below: Real Debt: $5,504. 1 .�► _de Paul ' ennes ! , *squire I hereby certify that written notice of the intention to file thi raecipe was mailed to the party against whom judgment is to be entered and to is attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of said notice is attached hereto. Pau And now, .) Un f ,2012, Judgment entered in favor of the Plaintiff and against the Defendant by defaul e to the Complaint and damages assessed at the sum o IN THE COURT OF COMMON PLEAS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/O CHRIS SCHROEDER v. WILLIAM E. KANIIN III OF CUMBERLAND COUNTY CIVIL ACTION W r d y r- C• v (j) _p AFFIDAVIT OF SERVICE No.: 3850 - 2010 AND NOW, this /4 day of l� , 2014, I, Jerry W. Brown, Esquire, hereby certify that I have, this day, served a true and correct copy of the Motion to Re -Open and Vacate Judgment filed in this matter in accordance with the Rules of Civil Procedure of the Commonwealth of Pennsylvania, as follows: By US mail, pre -paid and addressed to the following: The State Farm Mutual Automobile Insurance Company P.O. Box 2373 Bloomington, IL 61702-2373 Paul J. Hennessy, Esquire (Counsel of Record) Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 13 Jerry . Brown, Esquire 155 andview Road Hu elstown, PA 17036 (717) 585-2367 ID No.: 65345 Attorney for the Petitioner 14 F!LED-OFFICC CiF THE PRO THONG TA1'n' 2011INOV 17 MI 8:37 CUMBERLAND COUNTY PENNSYLVANIA STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/0 CHRIS SHROEDER, Plaintiff V. WILLIAM E. KAMIN III, Defendant Couutp of Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 10-3850 CIVIL ACTION IN RE: PETITION TO RE -OPEN AND VACATE JUDGEMENT ORDER OF COURT AND NOW, this 14th day of November 2014, upon consideration of Defendant's Petition to Re -Open and Vacate Judgement, a RULE is issued upon. Plaintiff to show cause the requested relief should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Response by Plaintiff shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date, of service. Thomas A. Piacey C.P. Distribution: ./-Paul J. Hennessy, Esq. ..-Jerry W. Brown, Esq. C.0 is 1122.11c4 /1/12/19 1-11 Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff State Farm Mutual Automobile : In The Court of Common Pleas Insurance Company a/s/o : Cumberland County, Pennsylvania Chris Schroeder : Civil Action Law v. : No. 10-3850 William E. Kamin, III PLAINTIFF'S REPLY IN OPPOSITION TO DEFENDANT'S PETITION TO RE -OPEN AND VACATE JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that an alternative address was provided to the Sheriff concerning the whereabouts of William E. Kamin, III. To the contrary the Plaintiff's madea diligent search for the Defendant and the Plaintiff and Sheriff determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which . confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. 5. Denied. It is denied that an alternative address was provided to the Sheriff concerning the whereabouts of William E. Kamin, III. To the contrary the Plaintiff's made a diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. 6. Denied. Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiff's have a policereport of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. 7. Denied. Plaintiff is without sufficient information to form a belief as to the location of William Kamin's place of employment. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the.address of the Defendant William E. Kamin, I1I as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated upon the Defendant. By way of further response despite having a Delaware driver's license the address provided by the Defendant following the motor vehicle accident was 15 Lois Lane, Mechanicsburg, PA 17050. See Attached Exhibit 8. Denied. Plaintiff is without sufficient information to determine if the Defendant had a valid drivers license in the state of Delaware at the time of the motor vehicle accident. By way of further response, the address provided by the Defendant to authorities following the motor vehicle accident was 15 Lois Lane, Mechanicsburg, PA 17050. See Attached Exhibit "A." 9. Denied. Plaintiff is without sufficient information to determine if the Defendant had a vehicle titled or licensed in Pennsylvania at the time of the motor vehicle accident. By way of further response, the address provided by the Defendant to authorities following the motor vehicle accident was 15 Lois Lane, Mechanicsburg, PA 17050. See Attached Exhibit "A." 10. Admitted. It is admitted the Plaintiffs attempted service at all known addresses of - the Defendant prior to determining the Defendant was avoiding service of Plaintiff s complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. 11. Admitted. It is admitted the Plaintiffs attempted service at all known addresses of the Defendant prior to determining the Defendant was avoiding service of Plaintiff's complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. 12. Denied. Plaintiffs provide service of the Petition for Alternative Service upon the Defendant to William Kamin at 15 Lois Lane, Mechanicsburg, PA 17050 by first class regular mail postage prepaid return service requested. It is further noted that same was not returned. Exhibit "F." 13. Denied. To the contrary the Plaintiff's made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person. Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, II1 as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. The sworn affidavit of the Cumberland County Sheriff indicates that service of Plaintiffs Complaint was effectuated upon the Defendant by Posting to 15 Lois Lane, Mechanicsburg, PA 17050 on April 13, 2012 in accordance with the Court Order granting alternative service. 18. Denied. The sworn affidavit of the Cumberland County Sheriff indicates that service of Plaintiffs Complaint was effectuated upon the Defendant by Posting to 15 Lois Lane, Mechanicsburg, PA 17050 on April 13, 2012 in accordance with the Court Order granting alternative service. 19. Admitted. 20. Admitted. 21. Denied. The Defendant received notice of the suspension from the State of Delaware Department of Transportation on April 26, 2013.. A true and correct copy of the notice cotaining the address on file of the Defendant William E. Kamin, 1II indicated the Defendant's address,as 15 Lois Lane, Mechanicsburg, PA 17055. Exhibit "G" 22. Denied. The Defendant received notice of the suspension from the State of Delaware Department of Transportation on April 26, 2013. A true and correct copy of the notice cotaining the address on file oldie Defendant William E. Kamin, 111 indicated the Defendant's address as 15 Lois Lane, Mechanicsburg, PA 170552Exhibit "G" 23. Denied. It is denied that the Defendant did not receive notice of the entry of the judgment. Plaintiffs sent a copy of the judgment by first class regular mail, postage prepaid return service requested to William E. Kamin, 1II at 15 Lois Lane, Mechanicsburg, PA 17055. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiff s Complaint. Exhibit "H" 24. Denied. It is denied that the Defendant did not receive notice of the lawsuit. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiffs Complaint. 25. Denied. It is denied that the Defendant did not receive notice of the lawsuit. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiff's Complaint. 26. Denied. It is denied that the Defendant did not receive notice of the lawsuit. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiff's Complaint. 27. Denied. The sworn service affidavit of the Cumberland County Sheriff speaks for itself. By way of further response the Sheriff affidavit indicates that service of Plaintiff's Complaint was effectuated upon the Defendant by Posting to 15 Lois Lane, Mechanicsburg, PA 17050 on April 13, 2012 in accordance with the Court Order granting alternative service. 28. Denied. To the contrary the Plaintiff's made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiffs have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. 29. Denied. To the contrary the Plaintiffs made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. The Plaintiff is not required to serve the Defendant at his place of employment. By way of further response Defendant's verified Petition does not deny that the Defendant was residing at 15 Lois Lane, Mechanicsburg, PA 17050 at the time service was effectuated in accordance with the Court Order granting Alternative Service. 30. Denied. To the contrary the Plaintiff's made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. The Plaintiff is not required to serve the Defendant at his place of employment. By way of further response Defendant's verified Petition does not deny that the Defendant was residing at 15 Lois Lane, Mechanicsburg, PA 17050 at the time service was effectuated in accordance with the Court Order granting Alternative Service. 31. Denied. To the contrary the Plaintiff's made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. The Plaintiff is not required to serve the Defendant at his place of employment. By way of further response Defendant's verified Petition does not deny that the Defendant was residing at 15 Lois Lane, Mechanicsburg, PA 17050 at the time service was effectuated in accordance with the Court Order granting Alternative Service. 32. Denied. It is denied that the Defendant did not receive notice of the lawsuit. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiff's Complaint. 33. Denied. It is denied that the Defendant did not receive notice of the lawsuit. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiff's Complaint. 34. Denied. The Plaintiff will be prejudiced as a result of the Defendant's inactivity in this matter. It is further noted that even if the Defendant was unaware of the judgment as alleged in the present petition the Defendant's contacted Plaintiff's counsel concerning the judgment on August 13, 2014, but took no affirmative steps concerning the judgment until filing the present petition. Exhibit "I" No explanation is provided for the Defendant's delay in activity in the present Petition. 35. Denied. The averments contained in paragraph 35 of the Defendant's Petition are denied as conclusions of law to which no responsive pleading is required under Pennsylvania Rules of Civil Procedure. Strict proof is demanded. 36. Denied. It is denied that the Defendant did not receive notice of the entry of the judgment. Plaintiffs sent a copy of the judgment by first class regular mail, postage prepaid return service requested to William E. Kamin, III at 15 Lois Lane, Mechanicsburg, PA 1 7055. The Defendant was properly served in accordance with Pennsylvania Rule of Civil Procedure 430 with Plaintiffs Complaint pursuant to the Court Order granting alternative service upon finding the Defendant with either unavailable or deliberately avoiding service of Plaintiffs Complaint. Exhibit "H" 37. Denied. To the contrary the Plaintiff's made a good faith diligent search for the Defendant and determined that the Defendant William Kamin, III was avoiding service of Plaintiffs Complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. It is further noted that even if the Defendant was unaware of the judgment as alleged in the present petition the Defendant's contacted Plaintiff's counsel concerning the judgment on August 13, 2014, but took no affirmative steps concerning the judgment until filing the present petition. Exhibit "I" No explanation or reasonable execuse is provided for the Defendant's delay in activity in the present Petition. 38. Denied. To the contary, the Defendant does not have a meritorious defense to the present lawsuit. The Defendant was cited for careless driving following the motor vehicle accident that occurred on June 27, 2008, and subsequently attempted to flee the scene of the accident, which is consistent with the Defendant's attempt to avoid service of the Complaint.. A true and correct copy of the police report of the accident is attached hereto as P1. 39. Denied. The averments contained in paragraph 39 of Defendant's Petition are specifically denied. The Defendant was notified of the suspension on April 26, 2013, at the address for the Defendant on file by the Delaware Department of Transportation. Exhibit "I." WHEREFORE, It is respectfully requested that this Honorable Court deny the Defendant's Petition to Re -open and Vacate Judgment. 1 P:' 1 J. IF nessy, E:.uire Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff State Farm Mutual Automobile : In The Court of Common Pleas Insurance Company a/s/o : Cumberland County, Pennsylvania Chris Schroeder : Civil Action Law v. : No. 10-3850 William E. Kamin, I11 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S REPLY IN OPPOSITION TO DEFENDANT'S PETITION TO RE -OPEN AND VACATE JUDGMENT i. Matter Before The Court Defendant's Petition to Re -Open and Vacate Judgment that was entered by the Cumberland County Court of Common Pleas on June 7, 2012. II. Factual Background The Plaintiff's complaint was filed on June 11, 2010, in the Cumberland County Court of Common Pleas, seeking to recover the property damages claim of Plaintiff's insured Chris Schroeder sustained as a result of a motor vehicle accident that occurred on June 27, 2008, at or near the Westminster Drive, South Middletown Township, Cumberland County in the amount of $5,504.11 involving William E. Kamin, III. The Defendant Kamin, attempted to flee the scene of the accident following the collision, and was subsequently cited for careless driving by investigating police offiers. A true and correct copy of the police report concering the accident is attached hereto as Exhibit "A." Plaintiff s attempted service of the Complaint upon the Defendant at 15 Lois Lane, Mechanicsburg, PA 17050, the address provided by the Defendant to police officers at the time of the accident. The Sheriff Service return indicated "The Mechanicsburg Postmaster is delivering William E. Kamin, III's mail to the aforesaid address." The Plaintiffs made a diligent search for the Defendant and the Plaintiff and Sheriff determined that the Defendant William Kamin, III was avoiding service of Plaintiff's Complaint. Plaintiff's have a police report of the motor vehichle accident giving rise to the lawsuit, Skip Tracing, Inc. Report that included a neighborhood search, an Accurint Person Search, and multiple inquiries to the United States Postal Service, which confirmed the address of the Defendant William E. Kamin, III as 15 Lois Lane, Mechanicsburg, PA 17050, where service was effectuated in accordance with the Court Order granting Alternative Service, by posting, mailing (certified and regular), and publication. Please see attached Exhibits A through E, which were included in Plaintiffs Motion for Alternative Service. The Defendant was properly served with the complaint, pursuant to Pennsylvania Rules of Civil Procedure 430. The defendant failed to file responsive pleadings to the complaint, thus the Plaintiff's sent a subsequent notice pursuant to Pennsylvania Rule of Civil Procedure 237.5 explicitly stating to the defendant that "Unless you act within ten days from the date of this notice, a judgment may be entered against you" on May 21, 2012, to the Defendant's address 15 Lois Lane, Mechanicsburg, PA 17050 by first class regular mail return receipt requested. Responsive pleadings were not filed by the Defendant. On June 7, 2012, the Plaintiff's proceeded to file a judgment against the Defendant by way of default. Notice of the judgment was provided to the Defendant in accordance with Pennsylvania Rules of Civil Procedure. After the entry of the judgment, Notice of license suspension was provided to the William E. Kamin, III by the Delaware Department of Transportation (herein "Deldot") at address on file for William Kamin, 1II, 15 Lois Lane, Mechanicsburg, PA 17055. The Defendant did not contact the Plaintiff, until August of 2014, and did not take any affirmative steps concerning the judgment until filing the present petition on November 7, 2014. III. Legal Argument In order to succeed in opening a default judgment, the party against whom judgment was entered, a petitioner traditionally is required to establish: 1) That the petition to open judgment was timely filed; 2) That a reasonable excuse exists for the inactivity; and 3) That the party has a meritorious defense or claim. Schultz v. Erie Insurance Exchange, 477 A. 2d 471, 472 (Pa. 1985); Duckson v. Wee Wheelers, Inc., 620 A. 2d 1206 (Pa Super. 1993); Alba v. Urology Associates of Kingston ,598 A.2d 57 (Pa. Super. 1991) The defendant's Petition to Open Default Judgment entered on June 7, 2012,.was not timely filed does not present a reasonable excuse for inactivity following receiving service of Plaintiff's Complaint, and inactivity following the entry of the judgment, which was sent to the Defendant by first class regular United States mail. The Defendant was served with the judgment on June 7, 2012. The Defendant received notice from the Delaware Department of Transportation on April 26, 2013. The Defendant contacted Plaintiff's counsel in August of 2014 aware of the judgment, but took no affirmative steps in regard to Plaintiff's claim until filing the present petition on November 7, 2014. The Defendant does not have a meritorious defense to the present lawsuit, and does not present same in the the Petiton To Open Judgment. The Defendant was cited for careless driving following the 'motor vehicle accident that occurred on June 27, 2008, and subsequently attempted to flee the scene of the accident, which is consistent with the Defendant's attempt to avoid service of the Complaint.. A true and correct copy of the police report of the accident is attached hereto as P1. WHEREFORE, it is respectfully requested that this Honorable Court deny the Defendant's Petition to Re -open and Vacate Judgment. Respectfully Submitted, P / 1 J. Hf essy, E ire COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of thispleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Dated: 1�-� 3 -f 7AG@ t CortmmOPW0alth a1 PennsYty� ya 1a$h R.p�rtORF►m E CRAM4 F�1CL INVN91 WA 10N • Laeal8n11 i+�htaeaRlm` �J.�+?!"�nrwAWnce Y, Sut•Pdl�tV.lirw i Weird.! k pdn1C C,rtS { eelbo0.8', YES as+i?anoasl,4 , !tr NONE Dal' 4e r e0..17.4-00,1.nl(aYCJ. - .+{fCal ixa,w NO .OTHER a _ _ NOY/MPPLLCABE "tzooa�rco , 4114 x rdk;;;, :: int Pia/r! 11`izir Zinc Cti vuae i w• ell C * : 0,440 .1 , _ _ an&, n Vir G Clan , a ©aM9gitn 0 wwv,�fft'^,u Coe* • �79n1"J]3cYd t,j war10e01Y m - R ,teLr'hf:' : Sisirmitil NutT s.ave:Lamss Sp,'en 1..me Onrrx4n oaoo J NORTH . �I�p6lA7ERAAb • SI: f:1,1ing . E re• PARKING* T LOT Ra�tx �_ .,v+flaM" lu far �T:av:kil ; F EA•CiN �eot F3.:4Cf-° 1Tenl c -_1 hr Th r atone. entry is the -c*t3nt.ei froth the Crash 1Scwv 16 ,.ardrnaik. 7srv;teM 5r..a�xt peomai oa at ,.: chs - - 't Hariiifuf EWtrt iri the Crsi}t ' .. . TM tw;a,tiweer. .. �1 HR:1WR'2 :.. DRigI6G-461141445 t • '6• "t _,....g :'' it r--:-..1 .7!.13,git ' t•-• -; , ,,.. i .:g1 . .c. - F. • ./. . ty aggreirgrOildtarf4W7TO OUVRIDWATVAtialMfitagraiMingb. ;TN .IS F '�aS t ....�?.15�'G4:ttflt{S � S'� :�5l� 14� 1 .�. S.2 IPE i !. 2 rS_:.a. ��{: FI �. �- tliF- t!-�,v 4 ieS� r: -..t.�Sd.if,i.li, t ti at ,. '', � "GYlrtt. J]L 4 r1-� 'd�jtn t-M. ,...i.i a: 7 ; 0 ........................ Chief Deputy Richard W Stewart Solicitor HERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF State Farm Mutual Automobile Insurance Co. vs, William E. Kamin, III Case Number 2010-3850 SHERIFF'S RETURN OF SERVICE 07/07/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William E. Kamin 01, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant William E. Kamin III. Current resident of 15 Lois Lane, Mechanicsburg, PA 17055 is the defendant's Aunt. She advised Deputies, William E. Kamin 111 has not resided at this address in two years. However, The Mechanicsburg Postmaster is delivering William E. Kamin III's mail to 15 Lois Lane, Mechanicsburg, PA 17055. SHERIFF COST: $37.00 SO ANSWERS, g July 07, 2010 RONNY R ANDERSON, SHERIFF (c) CournySuite Sheriff. Telensok Inc. SKIPTRACING 02715/20L2 0994 7325468026 ' I SKIP TRACING, INC. P.O. BOX 286 IVIETUCUEN, NJ 08846 TEL: (732) 548-7741 FAX: (732) 548-8026 CONFIDENTIAL SKIP TRACE REPORT & INVOICE Prapared far: HENNESSY & WALKER 142 WEST MARKET STREET WEST CHESTER, PA 19382 ATI": DONNA SIL.H.AN ITEMS Date 2/15/2012 REPORT: VAbt 01/104 CASE/CLAIM If SUM21 44PA INSURED/PLAINTIFF: DATE OF LOSS: NAME: ADDRESS: • CITY, STATE, ZIP: TELEPHONE: SOCIAL SECURITY: DRIVER LICENSE #: DATE (W BIRTH; EMPLOYMENT: ADDRESS: CM', STATE, Z1P: TELEPHONE: POSITION: INCOME S; BANK: BANK ADDRESS: CITY, STATE, ZIP: TELEPHONE: BANK ACCOUNT # BALANCE $: REAL PROPERTY: COMMENTS: S SEARC SCHROEDER 6-27-08 WILLIAM E. ICAMINIIK 15 LOIS Lae MECH4$ICSBURG. PA ,12(15_Q 717-766-4716 UNKNOWN 6-4-0 posTAL MORD VEAL T 0 1, C 1 MILLSEQR0. DE 19966(SEE COPY}, NEVLADDRESS WAS CQNEIEMED BY NI SEARCH AND POSTAL RECORDS(SEE PLEASE MAKE CHECKS PAYABLE TO SKIP TRA • D T 224O5-642 Total $95.00 tIct 1Dr Lg1L UJ: 04 r3LOatitfITGb 91/11/2012 10 07 7325488026 r, SKIPTRACING SI<IPTRACING Skip Tracing Inc. PO Box 286 Metuchen, Ni 08840. 732-548-7741 • FAX 732-548-5026 POSTMASTER • MECHAMCSBUItG, PA 17Q50 Date: Jen 1 1. 2012 MEM REQUEST FOR CHANGE OF ADDRESS OR BOXT•lOLDER INFORMATION NEEDED FOR SERVJC:P. OF LEGAL PROCESS Please furnish the new address or the name and street address (if a box holder) for the following: NAME: WILLIAM E. KAMIN III ADDRESS; 16 LOIS LANE, MECHANICSBURG, PA 17050 PAGE 83/04 PAGE 01 The following is provided in accordance with 39CF265.6(D)(6)(ll). THERE IS NO FEE.FOR PROVIDING IaoXHOLDEKJNPoRMATION: The fee for providing change of address int -omit lon is waived in accordance with 39CFR 265,6 (d}(1) and (2) and corresponding Administrative Support Manual 352:44•. • 1. Capacity of Requester: PROCESS SEKV$R 2, Statute or regulatibnthat empowers me to serve process: NJ STATUTE 45:19.22 NEW TERSEY STATE POLICE PRIVATE DETECTIVE LICENSE NUMBER. 4323 3. The names of ell parties known to the litigation: slit NEMVEtsYNAgcave w. MWMH1 • • 4. The court in which the case hes been or will be heard; .em= cewrry mew. CML PART • 5. The docket or odler Identifying number If one bee boat Issued: sutrria.+.PA 6. The capacity In width the Individual Is to be saved: DEFENDANT WARNING The submission of NIG b4fdr}itetion to obtain and me change of address Intbrmatlon for any purpose other then the service oflegal process in connection with actual or prospective litigation could result in crlminat panaltics Including a One of up to 510,000.00 or imprisonment or (2) to avoid payment oldie fcc for change of address Information of not more than 5 yours or both (Title 1? U.S.C. Sec loo 1001). 1 •ce> `h y that the above iafooaatloa is true AO dm die address information is needed and w111' b6 used solely fdr service of legal prricesl. Signature THOMAS BLACK PODOX265 METUCHEN. NJ 0e840 FOR POST OFFICE USE ONLY kooD AS ADDRESSED NOT KNOWN AT ADDRESS _MOVED Len' NO FORWARDING ADDttGSS NO SUCH ADDRESS • NEW ADDRESS 02/15/2012 09:04 73254W:55215 el/09/2010 11:311 7325488025 5KJi I1u1[:1N(i SKIPKRACI Skip Tracing Inc. F© Box 286 Metuchen, NJ 08840 732-543-7741 FAX 732-548-8026 Data: Jena 2©11 POSTMASTER milleBOn0, OE Item REQUFST FOR CRAWS. OF ADDRESS OR BOX IOLDER INFORMATION NEEDED FOR SERVICE OF IAL PROCESS Please lttmish the new address or the nate sad inset address (We box holder) for the following: NAME ADDRESS: AM 6. KAbtIN PAUL 171/44 PAGE 0I The >lbilowing is provided is eccerdanee with 99CF265,6(DX6XII). THERE IS N4 FF s'FOR PROVIDING BOXHOLDBR INFORMATION. Tho fee tot providing change of addrase Information Is waived in accordance with 39CPR 265.6 (d) (1) end (2) tad corretpendittg Administrelbse Support Menus! 332.44 I. Ctrpeeity of Requester: PROCESS SERVER 2. Sainte or r.gutatson tbat empowers ma to serve proem N1 STATUTE 45:19-22 KL W JERSEY STATE POLICE PRIVATE DETECTIVE LICENSE NUMBER 4323 3. The Aunts of All p uliu known to the Iitigadon: MI KOMIat wrtxu..M w. wWN M •4, The cOUrt in which the case hos been or will bn bad; ervt PAT • /. The docket or otter Identifying number if one has beenIssued: 41-04srI 4' 6. The cepoeity in which the indiMiduel is to be rimed DDT: ENDANT WARNING The subutlsston of false Information to obtain end we change of addresi informationfop &AY purpose •otitar than the jerviee of legal protons In connection with watt ur prospective litigation could 113911 M criminal penalties including a fine of up to S16.000.00 or Imprisomtant or (2) to avoid payment of the fee fbr change af'address 1nibrmation of not snore than 5 years of both (Title 17 U.E.C. Section I001). I oodles that the above Infotmotion 11 true And thud the§ aderess Information is needed utd win be used solely for aervlee of legal process, Z •d ,e- "404:77 stets ire WOMAS BLACK FQR POST 0 Q USE ONLY OOOt) AS ADDRESSED NOT KNOWN AT ADDRESS MOvCD LEFT NO FORWARDING ADDRESS PO,DOX 2116 METUCHEN, NJ On Re NEW ADDRESS K1513 13f213Sb1 dH irtr:I2 ZIO2 O1 unC 02/15/2012 03:04 7325488026 SKIPTRACING PAGE 04/04 'ax1:11311.ei;ilt Details littp://taxdb.ccpamet/details.asp?id--10-22-0525-021,-TRO9308&dbs... DetailedResults for Parcel 10-22-0525-021.-TR09308 in tbe 2010 TaxAssessment atabase Dist detN0 10 Parcel ID 10-22-0525-021.-TR09308 MapSuffix flouseNo 15 . _... ....___ _ Direction Street • LOIS LANE Ownerl COEN, CRERYL .. . . C/O .. roPTYPe .T PtopDesc UvM 938 CurLaadVal 0 CurlwpVal 7700 CurTotVa1 7700 .. . ___. .. .._ c urPreiVal Acreage .0 ClGrnstat TaxEx 1 aleAxn1 SaIeMo SaIeDa SaIeCe SaleYrDeedBkPage YearBlt 1983 HF File_Date 01/031200? __. . , . 11.1? Approval Stet A Aft 2/14/2012 8:19 AM Assets Licenses Phones Courts People assented Person steeple At Work Death Record. Email Search Page 1 of 2 24/7 Search and TechnICal Assistance 1-866-277-8407 NONE 1 t3.AS{1C VIEW 1 PRIM 1 COMAC? US 1 LIVE CHAT 1 HELP 1 RICH opt Lan NM. P1rn Mame KAMIN (WILLIAM 0 Include nem e variations Street Address a County Phone a 006 1i ry Include Bankruptcies a Radius Roseanna 06661 City MEC Middle Name EBB Elate aM tip URIIIPA .I I. Ape Ranee Cos cepa I Hop? Importann Tha Puete neoaros and sOmmeneeUy ar4e4PN date source, used in this warm hens errors. Dtb b earnetm,n entered poorly, processed Inotn«ey en0n 9anceay not Me harp dent. Rud Neva Person Search Results Search Terms Used - Last Name: KAMIN ; Flrst Name: WILLIAM ; Middle Name: E; City: MECHANICSBURG; State: PA; All Full Name SSN Address Recent Searches MyACCOunt No AdMty (Last 24 Hours) All Recent Searches • Use Of Recent Searches Is subject to your Permissible Use selections. Search Tips Dld you knew that Accurint gets feeds everyday from the Phone companies and updates phones EVERY DAY? White page sources only update monthly and can be 90-120 days aid. Records: 1 to 6 of 6 EOR Bench Dress, Boarch Menet Results .11 export to excel Phone Nest Steps 1, 1MLUAM E KA1MMN DOPY Geod. Male DOB: 040011523 037) I%4 Bab s Merl 113.12 -mos 16 L010 LN MECHANICSBURG PA 17050.3612 Jen 09 - Sep OB e/ Probable runeni address 717691.5515 REMAIN MARGARET Relatives Ndphbors AS7oClates Relatives, Neighbors & Associates People at Work Reports: ';� CpmpnheoOn. fid 0617r Rtpart LO Reports s2 aalarint i'E Report IQ Ender Ata4dran 47 Repo,t r'r Rep= ¢aramact `i Card Report rTfi Cert laern herr Aecurtnt Reports j search can assist you: See Examples 2, MILLMM E KAJSIN Render: Mole DOB: OMm1923 (67) �7 0 soap aM 110.12.x006* 16 LOIS LN MECHANICSBURG PA 170563632 Jan O6 . Sep 06 e/ Probable omen eddree. 717-691.6545 KAMIN WILLIAM ESR Relatives Neighbors ASSOCtates Relatives, Neighbors et Associates People at Work Rep arlsL U CanpreMmM 601 rXMr Report sA Reports 3Aelarint Report (p rndsr �.El nddrerl t'6T Repcn Yr" Ropon aMContatt W Re rt �'{s Cetac Lemon how ACO,4nt Repdrt5 'r7: Search ran assist you: 5e* EsempIas 3. WILLIAM E UMW 6R Gander, Male DOB: 045xn923 (17) DO t:0. 5eprp Alert 7/1.12o6*A1 16 LOIS IN MECHANICSBURG PA 17050.1612 A,t 04 -Des 10 or Probable current address 71701G-5545 - EST BRAIN MARGARET Relatives Neighbors Associates Relatives, Neighbors & Associates People at Work Reports:Dit Comprehensive RBE rt fa7 Otter 'SR Reports RdavIn6 Raoat ip ender Address pop Contaa MX Repot Report *-i Card Report Court 6eerG, Learn how Accurint Redone can assist you:See Examples WILIIAM E BASIN eR Oerrder. Male DOB: 01030 825 (6 7) W Setup Alert 153-12-oxxa 16LOIS 15 HEGIANICS5VRG PA 170550/D2 Aug04• Deo 10 e/ Probable current Edda.* 717 -091.5545 -EST KAMIN WILLIAM ESR Relatives Neighbors Associahs Relatives, Neighbors & Associates People at Work Reports: G Prenaris Re ki Adavt ent Agror IQ Report 1pprt asAdtrp Report Q+A 0 20d Re7.16 Corport Learn h not Report§ Sea rC1 can assts you: See Examples 5. 0111AM E RABIN R1 Render: Male DOB: 065x/1969 (41) 9.Np Al.d 176 56•xxxu 15101045 MECHANICSBURG PA 117C40-10132 Jan 09 Relatives Neighbors Associates Relatives, Neighbors & Associates People et Work Reports ; falwD lorhe A. Other p.pprt �O Reports Acp.0 t 11 Rt 00rt ¢r� Contac Court `Or Cant i. Search Learn New AccurInt Reports Can assist you:5ee examples) WILLJAM E KAMIN SR Bander: Moa ROLO TAN LER CT MECHAN K050U/10 PA 17055 Jen 00 Relathms AOsodates pert.: l(I Re A ® Rep. Can assist you:See Examples https://secure.accurint. corn/app/bps/mise 5.00(4711 106 or6 12/13/2010 Person Search Page 2 of 2 &edit Search F} Mem lurch alPrIst Results .in Export to Reset Poor SOPA Permlulble Seal C1Wl, Criminal, AdminlrCr Uva or ArtNtral Proceedings Your GLSA Permissible Seer Persona Molding • Legal er tseneRuel Interest Relating to the Consumer • LextsNexis• ADcut LiPil,hcel. I Terms A Copdmons Copynght O 201.0 LeuI.ttu s Risk Solutions. All tights !!served. https://secure.accurint.com/app/bps/mist 12/13/2010 HENNESSY WALKER GROUP, P.C. SUBROGATION NATIONWIDE PAUL J. HENNESSY, .ADMIJ7Lo M AND NJ EMAiL: yhennessy@sidrqaUoi.net Date: December 13, 2010 Postmaster: Mechanicsburg, PA 17055 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: NAME: William E. Kamin 111 ADDRESS: 15 Lois Lane, Mechanicsburg, PA 17055 1. Capacity of requestor: Attorney 2. The names of all known parties to the litigation: State Farm Mutual Automobile Insurance Company A/S/O Chris Schroeder v. William E. Kamin III 3. The Court in which this matter will be heard: Cumberland County CCP 4. The docket or other identifying number if one has been issued:10-3850 5. The capacity in which this individual is to be served: Defendant essy IEsquire & Walker Group, 142 West Market Street, Suit West Chester, PA 19382 SUM -21844 -PA For Post Office Use Only Not known at address given _ A Good as Addressed Moved, left no forwarding address No such address Forwarding Address: 142 WEST MARKET STREET • SUITE 2 • WEST CHESTER, PA 19382 TELEPHONE 610-431-2727 • FACSIMILE 610-429-3750 • FACSIMILE 610-431-3557 TAX I.D, NUMBER 23-2877685 ennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Statc Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder v. William E. Kamin,111 : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No. 10-3850 Civil Term CERTIFICATION OF SERVICE I hereby certify that 1 have served a true and correct copy of the Plaintiffs Motion for Alternative Service upon the Defendant William E. Kamin, III on March 20, 2012 by First Class United States mail, postage prepaid addressed as follows: William E. Kamin, 111 15 Lois Lane Mechanicsburg, PA 17050 DOVER P.O. BOX 698 DOVER, DE 19903 (302) 744-2500 GEORGETOWN 23737 DUPONT BLVD. GEORGETOWN, DE 19947 (302) 853-1000 SHAILEN P. BHATT SECRETARY STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES NEW CASTLE 161 AIRPORT RD. NEW CASTLE, DE 19720 (302) 326-5000 WILMINGTON 2230 HESSLER BLVD. NEW CASTLE, DE 19720 (302) 434-3200 OFFICIAL NOTIFICATION OF WITHDRAWAL OF O TOR VEILL�E PRIVILEGES April 26, 2013 William E. Kamin III 15 Lois Lane Mechanicsburg, PA 17055 TERM OF SUSPENSION INDEFINITE LICENSE NUMBER: 1017202 DOB: 06/04/1969 Pursuant to 21 Del. Code, 2941 &, 2942, this Division is suspending your driver's license and/or your driving privileges. You are required to return your Delaware driver's license to this Division by: May 10, 2013 (effective date of suspension). 12:01 AM REASON FOR SUSPENSION NON PAYMENT OF JUDGMENT Accident Date: 06/27/2008 Judgment Case No:J21655 Plaintiff: State Farm Mutual Automobile Insurance Co and Schroeder You must contact: Paul Hennessy 610.-431-2727 A $25.00 reinstatement fee is required on a 1 iver's license suspension. Supervisor ct Address All Correspondence to: Division of Motor Vehicles Correspondence Section PO Box 698 Dover, Delaware 19903 Phone: (302) 744-2511 DelDOT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o CHRIS SCHROEDER, Plaintiff v. WILLIAM E. KAMIN, III Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL ia4....-171:ua rn cr3 -.• f ' :17 NO. 2010-3850 CIVILIEfitMr\.) IN RE: PETITION FOR ALTERNATIVE SERVICE ORDER OF COURT 10f AND NOW, this day of March, 2012, upon consideration of Plaintiff's Petition for Alternative Service, it is ordered and decreed that service of the Complaint in this case upon the Defendant, William E. Kamin, III, may be made (1) by first-class and certified mail at Defendant's known address, 15 Lois Lane, Mechanicsburg, PA 17050; (2) by posting the Complaint on the most public portion of the property located at 15 Lois Lane, Mechanicsburg, PA 17050; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendant at the aforesaid Lois Lane address, with service to be deemed complete upon mailing. Thom Placey, C.P.J. Distribution: Paul J. Hennessy, Esq. Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 For Plaintiff William E. Kamin, III 15 Lois Lane Mechanicsburg, PA 17050 For Defendant Paul J. Hennessy, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder v. William E. Kamin, III Attorney for Plaintiff : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No. 10-3850 Civil Term AFFIDAVIT OF SER'VICI, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER : ss. Paul J. Hennessy, Esquire, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant William E. Kamin, III in accordance with the Court Order granting alternative service by publication in both the Cumberland County Legal Journal on April 27, 2012, and publication in The Sentinel on April 17, 2012, copies of the proof of publication are attached hereto. Sworn to and subscribed before me this /J r day of AMY ,2012. OTARY PUBL co LTH OF PENNSYLVANIA NOTARIAL SEAL THERESA B. CHUPLIS, Notary Public West Chester Boro , Chester County My Commission Expires November 4.2014 ennessy, Es re Hennessy &ker PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 27, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. N'l sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 27 day of April, 2012 NOTARIAL SEAL DEBORAH A COLL NS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Law No.: 10-3850 State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder vs. William E. Kamin, III NOTICE TO: William E. Kamin, III YOU HAVE BEEN SUED IN COURT. NOTICE IS HEREBY GIVEN that State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder have filed a civil action against you in the Court of Com- mon Pleas of Cumberland County, Pennsylvania at No. 10-3850, in which they are seeking restitution for damages sustained in a motor vehicle accident which occurred nn or about June 27, 2008. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a judgment maybe entered against you without further notice for the relief requested by the Plaintiffs. You may lose money or property or other rights important to you. You should take this notice 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 law- yer, 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 4 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 PAUL J. HENNESSY, ESQUIRE Attorney I.D. 65396 142 West Market Street West Chester, PA 19382 (610) 431-2727 Apr. 27 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 17, 2012 COPY OF NOTICE OF PUBLICATION IN THE COURT OF COMMON. PLEAS OF.. CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION = LAyy, No.•10.3850 State Farm Mutual Automobile Insurance Contpany:2 •a/s/o'Chris Schroeder vs. . . . .:WOtlam E. Kamin,ltt NCTIC.E TO: William E. Kamin; jII .. i . • YOU HAVE BEEN SUED IN COURT '• ` r Notice is hereby given. that State Farm Mufuat,Automobile1ngurance , ' Company,a/s/o Chris Schroeder have tiled a.civitaction.against you in the "Court of Common,Pieas;of Cumberland County, Pennsylvanta at No. ', . ' 10-a850,:In which they are seeking restitution for damages sustainedln a • • motor vehicle accident which occurred on or about June 27, 2004. If ypy .wish to defend(you,must'enter a w,ittenappearagca•personatiy of by . r...'att'omeyand file your defenses or objetalons In writing with the .Cou '.you:. . • • are warned that if you fail to do so, the case may proceed without you and a judgmentmay ente red agafnst you without further. noticeiorMe;relief;'' .'• requested by the Plaintiffs: You may tole money or' property or other rights!:'' • Important to you. ' You should take this notice to your lawyer atfonce: Hyou do riot hams a lawyer; • go to or telephone the office set forth below. This ofllce•can provide youwith ' information about hiring lawyer. : `...:'• .; If you cannot afford to hire a lawyer, thls.oflee maybe able to provide.' youwith ' Information about agencies that mayoffer legal services to eligible persons • at a reduced fee or no fee.: . Cumberland County Bar Association•- . ' 32 South Bedford street • . ' -Carlisle; PA•17013 717-249.3166 •• Paul J, Hennessy; Esquire 142 Weal MarketStreet r .West Chester, , o 0-431.2727 `" ' /ittomeq LD, 65398 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication ue. Sworn to and subscr'bed before me this 1l1 20 Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2019 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Clt/ ,,,v0 O. nbtri, - "Ceio • OFFICE OF THE5,..e..13IFF State Farm Mutual Automobile Insurance Co. vs. 2010-3850 William E. Kamin, Ill Case Number SHERIFF'S RETURN OF SERVICE 04/13/2012 04:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 1646 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William E. Kamin, III, pursuant to order of court by posting the premises located at 15 Lois Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. RYAN BURGE , SHERIFF COST: $44.00 SO ANSWERS, April 18, 2012 RONMY R ANDERSON, SHERIFF c) CourrtySuile Shore!, Telocsati. Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 AttorneyLD. 71927 Attorney for Plaintiff tint State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder v. William E. Kamin, III : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Acton Law : No. 10-3850 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER : ss. Brian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant in accordance with the Court Order granting alternative service by first class United States mail (certfied and regular) postage prepaid on April 12, 2012 to the address below: William E. Kamin, III 15 Lois Lane Mechanicsburg, PA 17055 Sworn to and subscribed before me this/27l day of AMR_ ,2012. OTARY PUBLIC Of PEN VA NOTARIAL SEAL 'THERESA 8. CHUPLIS, Notary Put& West Chester ., Chester Cotmty Commission November 4, 2014 BrianJ. f er, Esquire, AIC Hennessy & Walker g 13 14 01:43p Philip Zulli 717-566-2373 7175662373 p 1 The Law Office of Jerry W. (Brown, Esquire Attorney arid Counselor al Law 155 Grandview Road, Hurarnelstown„ PA 17036 (phone) 717-585-2367 (fax) 717-566-2373 August 13, 2014 Paul J. Hencssey, Esq. Via FAX to 1-610-429-3750 Re: William E. Kamin 111 Civil Action # 3850-2010 (Cumberland County, PA) Dear Attorney Hennessey, Please accept this fax as notice that I represent William E. Kamin III in all matters relating to Hs Pennsylvania operating privileges, including but not limited to the civil action that your office initiated against Mr. Kamin and thereafter obtained judgment, with said judgment leading to a suspension of his Pennsylvania operating privileges. Mr. Kamin was totally unaware of -this action until yesterday and was never served. Moreover, Mr. Kamin never received notice from PennDOT informing him that his privileges were suspended. If Mr. Kamin had been aware of the suit during its pendency, I can assure you that he would have fought against it most vigorously. Please fonvard, to my attention at the above address, hard copies of the following: the original complaint with. certification of service (if any), the court-ordered judgment, attempts to serve Mr. Karnin, any and all correspondence with PennDOT particularly as it relates to the suspension of Mr. Karnin's operating privileges, as well as all other relevant materials and/or notices. 1 look forward t hearing from you_ Please feel free to contact me at the above number should you wish to discuss the matter DOVER P.O. BOX 698 DOVE), DE 19903 (302) 744-2500 GEORGETOWN 23737 DUPONT BLVD. GEORGETOWN, DE 19947 (302) 853-1000 SHAILEN P. BHATT SECRETARY STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES NEW CASTLE 161 AIRPORT RD. NEW CASTLE, DE 19720 (302) 326-5000 WILMINGTON 2230 HESSLER BLVD. NEW CASTLE, DE 19720 (302) 434-3200 OFFICIAL NOTIFICATION OF WITHDRA WAL_QF MOTOR VEHICLE PRIVILEGES April 26, 2013 William E. Kamin III 15 Lois Lane Mechanicsburg, PA 17055 TERM OF SUSPENSION INDEFINITE LICENSE NUMBER: 1017202 DOB: 06/04/1969 Pursuant to 21 Del. Code, 2941 & 2942, this Division is suspending your driver's license and/or your driving privileges. You are required to return your Delaware driver's license to this Division by: May 10, 2013 (effective date of suspension). 12:01 AM REASON FOR SUSPENSION NON PAYMENT OF JUDGMENT Accident Date: 06/27/2008 Judgment Case No:J21655 Plaintiff: State Farm Mutual Automobile Insurance Co and Schroeder You must contact: Paul Hennessy 610-431-2727 A $25.00 reinstatement fee is required on a 1 jiver 's license suspension. ct Supervisor Address All Correspondence to: Division of Motor Vehicles Correspondence Section PO Box 698 Dover, Delaware 1.9903 Phone: (302) 74472511 DelDOT • Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff State Farm Mutual Automobile Insurance Company a/s/o Chris Schroeder v. William E. Kamin, 111 : In The Court of Common Pleas : Cumberland County, Pennsylvania :Civil Action Law : No. 10-3850 CERTIFICATION OF SERVICE 1 hereby certify that I have served a true and correct copy of the Plaintiff's Reply In Opposition to Defendant's Petition to Re -Open and Vacate Judgment filed in the above matter upon the Defendant's Counsel on December 3, 2014, by First Class United States mail, addressed as follows: Jerry W. Brown, Esquire 155 Grandview Road Hummelstown, PA 17036 aul J. ennessy, "quire Hennessy & Walker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE FARM MUTUAL AUTOMOBILE • INSURANCE COMPANY A/S/O CHRIS SHROEDER • v. WILLIAM E. KAMIN III • • • • No. 3850 - 2010 CIVIL ACTION - LAW REQUEST FOR HEARING AND NOW, comes the Defendant, William E. Kamin III, as Petitioner, by and through his attorney, Jerry W. Brown, Esquire, who respectfully requests that a hearing be scheduled upon his Rule to Show Cause in the above mater for the reasons set forth and averred as follows: 1. Defendant filed a Petition to Re -Open and Vacate Judgment, along with a Rule to Show Cause on or about November 7, 2014 2. The Honorable Thomas Placey issued an Order with Rule upon Plaintiff on November 14' 2014. 3. Plaintiff was served with Defendant's Petition and the Court's Order on or about November 17, 2014.Defendant requests that a hearing be scheduled, at the Court's convenience, to determine this matter. WHEREFORE, Defendant respectfully requests that this Honorable Court schedule a hearing on the above matter. 1 BY: JERRY FROWN, ESQUIRE Attornr I.D. No. 65345 5 Grandview Road Hummelstown, PA 17036 (717) 585-2367 Attorney for the Defendant 2 ATTORNEY VERIFICATION I, the undersigned, as Attorney for the Defendant, William E. Kamin III, do hereby affirm that the facts contained herein are true and accurate according to the best of my information, knowledge and belief and are within the unique purview of my position as Counsel. I understand that false statements herein are made subject to the penalties contained in 18 Pa.C.S. sec. 4904 (relating to unsworn falsification to authorities). Date: [et 2 L' 2011 3 rry W. Brown, Esquire %F YI t ,. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY A/S/O CHRIS SHROEDER, Plaintiff600071pt"%44 N (ro»atp of abtrInut V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WILLIAM E. KAMIN III, 10-3850 CIVIL ACTION Defendant IN RE: REQUEST FOR HEARING ORDER OF COURT AND NOW, this 6t" day of January 2015, upon consideration of Defendant's Request for Hearing, a HEARING on the Defendant's Petition to Re-Open and Vacate Judgment shall be held on 18 February 2015 at 10:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thoma Placey C.P.J. r' ution: ul J. Hennessy, Esq. Jerry W. Brown, Esq. l��