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HomeMy WebLinkAbout10-5315PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY VS. KAITLIN LEBLANC NO. ?(? s 3 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO n hJ c`s 3 eN i1 Le han demandado a usted an la Corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o an persona o por abogado y archivar an la Corte sus defenses o sus objeciones a [as demandas encontra de su persona. Sea avisado qua si usted no se defiende, la Corte tomara medidas y puede entrar una orden Contra usted sin previo aviso o notificacion o por cualgier queja o alivio qua espedido an la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 $r. f-? 06 P d. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. CIVIL COMPLAINT NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN.§201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire bring action upon a cause whereof the following is a statement: 1. The Plaintiff. Erie Insurance Exchange ("Plaintiff'), is a corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of James Molar and Mary Molar, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant, Kaitlin G. Leblanc, is an individual residing at 25 S. 8th Street, Apt. C, Lemoyne, PA 17043. 3. Defendant, Jordan Ehrisman, is an individual residing at 25 S. 8th Street, Apt. C, Lemoyne, PA 17043. 4. At all times hereinafter mentioned Defendant Kaitlin G. Leblanc was the agent, workman, servant, employee of Defendant Jordan Ehrisman then and there in engaged in the business of Defendant Jordan Ehrisman within the course and scope of her employment. 5. On or about September 11, 2008, a motor vehicle owned by Defendant Jordan Ehrisman and operated by Defendant Kaitlin G. Leblanc was traveling westbound on Carlisle Pike, Hampden Township, Pennsylvania when she ran a red light and struck Plaintiff's Insured's vehicle causing the damages hereinafter set forth. 6. As a result of the aforesaid occurrence, Plaintiff's insured James Molar suffered severe and painful injuries as well as permanent and severe shock to his nerves and nervous system all of which caused him, and will for an indefinite time in the future cause him, great pain and agony and prevented him and probably will prevent him in the future, from attending to his daily activities. 7. As a result of the injuries to Plaintiffs Insured James Molar and Defendant's failure to maintain financial responsibility as required by law, Plaintiff has been obligated to pay to the Insured a sum of Fifteen Thousand and 00/100 ($15,000.00) Dollars pursuant to the uninsured motorist's provisions of the insurance policy. 8. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Seven Thousand Four Hundred One and 24/100 ($7,401.24) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a rental vehicle being of Two Hundred Forty Eight and 75/100 ($248.75) Dollars less salvage received of Seven Hundred Fifty 00/100 ($750.00) Dollars for a total of Seven Thousand Three Hundred Ninety Nine and 99/100 ($7,399.99) Dollars. Count I Erie Insurance Exchange v. Kaitlin G. Leblanc 9. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was due to the negligence of Defendant, Kaitlin G. Leblanc, in that she: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; C. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to drive at a speed and in the manner that would allow her to stop within the assured clear distance ahead; g. did fail to keep a reasonable lookout for other vehicles lawfully on the road; h. did operate the motor vehicle without due regards for the rights, safety and position of the Insured at the point of aforesaid; i. did fail to obey and observe existing traffic conditions and traffic controls; did operate the vehicle without Insurance; k. did fail to maintain financial responsibility; and 1. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3112 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count 11 Erie Insurance Exchange v. Jordan Ehrisman 11. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The said occurrence was due to the negligence of Defendant, Jordan Ehrisman, in that he: a. negligently entrusted his vehicle to another operator for use when he knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the motor vehicle properly; b. negligently entrusted his motor vehicle to a person which he knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrusted his motor vehicle to a person known, should have known or in the exercise of reasonable care would have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrusted his motor vehicle to another person who he knew, should have known or in the exercise of due care would have known would cause damages to another; e. negligently entrusted his motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment against the Defendant upon each court in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date t6adf D'Emilio, Esquire Identification No. 16654 E-mail address: pauld -demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: pauls _demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 VERIFICATION lleaJl r- A64116e , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating t unsw rn falsification to authorities. Date: 17'o l-10 Subrogation Specialist SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0FF14:E r -HF, ..rF,Fr ^r?-CFF,CE v?r ?; ??0_i F;'C??OTARY 1 ?'V r '1 ,Pw 2:4 1 i Y r ` I' MD COO, Y `r,;t 9 A Erie Insurance Exchange vs. Kaitlin Leblanc (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2010-5315 09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 17, 2010 at 1150 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jordan Ehrisman. Request for service at 25 S. 8th Street, Apartment C, Lemoyne, PA 17043 Jordan Ehrisman was not found. The Lemoyne Postmaster advised the defendant's new address is 104 Bosler Avenue, Lemoyne, PA 17043. However, The Complaint and Notice has expired before service could be attempted at this address. 09/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 17, 2010 at 1150 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kaitlin Leblanc. Request for service at 25 S. 8th Street, Apartment C, Lemoyne, PA 17043 Kaitlin Leblanc was not found. The Lemoyne Postmaster advised the defendant's new address is 104 Bosler Avenue, Lemoyne, PA 17043. However, The Complaint and Notice has expired before service could be attempted at this address. SHERIFF COST: $58.40 September 17, 2010 SO ANSWERS, 6z??? RON R ANDERSON, SHERIFF pct CamiySuite Sheriff. Iefeo^oil, Inc. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JAMES MOLNAR AND CUMBERLAND COUNTY MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC NO. 10-5315 civil 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25 S. 8TH STREET, APT. C LEMOYNE. PA 17043 CIVIL COMPLAINT PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. PAUL F.D' L1 ,ESQUIRE ATTORNEY FOR PLAINTIFF x.? < SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Erie Insurance Exchange vs. Kaitlin Leblanc (et al.) ~fl~ntr of ~~rurbcr/,~~4 ~~~ ~ , ~4~ .~yd UFF iGE ~ = ' ~ E S~£RiF~ f L~ j q may' 0. .h ` ~ ~''^ 5 ft y fi f' i . . i ^} r , .. :_! ^ ~ ` ~ xr _. ,~, ,,` ~, ,.,~ ~,~ ;,lar; .. 3 ~ ~ } ~3:laJ Case Number 2010-5315 SHERIFF'S RETURN OF SERVICE 10/27/2010 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: Jordan R. Ehrisman, but was unable to locate him in hip bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jordan R. Ehrisman. Request for service at 104 Bosler Avenue, Lemoyne, PA 17043 does not exist. Although, The Lemoyne Postmaster is delivering Jordan R. Ehrisman's mail to 25 S. 8th Street, Apartment C, Lemoyne, PA 17043, the current resident has never heard of the defendant. 10/27/2010 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: Kaitlin Leblanc, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kaitlin Leblanc. Request for service at 104 Bosler Avenue, Lemoyne, PA 17043 does not exist. Although, The Lemoyne Postmaster is delivering Kaitlin Leblanc's mail to 25 S. 8th Street, Apartment C, Lemoyne, PA 17043, the current resident has never heard of the defendant. SHERIFF COST: $82.80 October 27, 2010 SO ANSWERS, ~~^^~r RON R ANDERSON, SHERIFF roi CountySuite Sheriff, Teleosofl, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff 1LL0-0FFiCE e.a????? o[ ?ufuGrrfy?rb ,r- --?jF PP'0 uMN0 ' . Jody S Smith Chief Deputy ¢ jU Richard W Stewart _? ?? 2? ?? Solicitor F Pzr,F : 1 '¢B RL. D COUNTY P"NNSYYLVANIA Erie Insurance Exchange vs. Case Number Kaitlin Leblanc (et al.) 2010-5315 SHERIFF'S RETURN OF SERVICE 03/02/2011 05:55 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2011 at 1755 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jordan R. Ehrisman, by making known unto himself personally, at 140 Bosler Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. "MICHAEL BARRIC , DEPUTY 06/03/2011 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: Kaitlin Leblanc, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kaitlin Leblanc. After several attempts to the requested service address of 140 Bosler Avenue, Apartment B, Lemoyne, Pennsylvania 17043 Deputies were unable to find the Defendant at this address before the Complaint and Notice expired. SHERIFF COST: $76.00 June 03, 2011 SO ANSWERS, RON y R ANDERSON, SHERIFF !c; Cow?iySuitn ghc;rtft. ieleoscYt_ inc. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 vs. KAITLIN LEBLANC 25S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE PA 17043 NO. 2010-5315 CIVIL COMPLAINT co E, , > `i- " ' { zi- t 2 PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY, C.P.: Enter Judgment in the above entitled matter in favor of the Plaintiff, Erie Insurance Exchange as Subrogee of James Molnar and Mary Molnar and against the Defendant, Jordan Ehrisman, for want of an answer, and assess Plaintiffs damages in the sum of $22,399.99 in accordance with a Complaint filed. JR., ESQUIRE OR PLAINTIFF ATTORNEY I.D. #81894 Prothy ses PI iffs da s in the sum of $22,399.99 P ROTHY 06 (?-#17e63 #x-2678 a9 ?,1t F eFn. a ? ? , t?, PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 NO. 2010-5315 CIVIL COMPLAINT AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE SS Iw? - c-a .rte c'? ft- _ CD r._1) R) CO -rs r,..J PAUL M. SCHOFIELD, JR., being duly sworn according to law, deposes and says that he is the agent for the Plaintiff above-named and is authorized to and does make this Affidavit on its behalf; and that he has knowledge of the facts set forth herein: That Defendant, Jordan Ehrisman, is over twenty-one years of age and that he is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amended. P SCHOFILED, JR., ESQUIRE SWORN TO ANDS fRIBED BEFORE M THIS DAY 20 1. N6TAR"UBLt1dj ?COMMONWEgLTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN BUCKLEY, NotaryPublic Upper Darby Twp., Delaware County h"Y Commission Expires July 8, 2013 7? G PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 Vs. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY KAITLIN LEBLANC NO. 2010-5315 25S.8 TH STREET, APT. C . LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S. 8T" STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT x co AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Erie Insurance Exchange, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on September 27, 2011 to the Defendant listed below by Certificates of Mailings; a copy of the Notice and the original certifications of mailings are attached hereto, made a part hereof, and marked Exhibit "A". JORDAN EHRISMAN 140 BLOSER AVENUE, APT. B LEMOYNE, PA 17043 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY FOR PLAINTIFF Exhibit "A" PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT LEMOYNE, PA 17043 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 2010-5315 JORDAN EHRISMAN 25S. 8T" STREET, APT. C LEMOYNE PA 17043 CIVIL COMPLAINT DATE OF NOTICE: September 26, 2011 TO: Jordan R. Ehrisman 140 Bosler Avenue, Apt B Lemoyne, PA 17043 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Paul 57. D 'Emdia PAUL F. D'EMILIO, ESQUIRE 905 W. Sproul Rd., Suite 105 Springfield, PA 19064 (610) 338-0338 Check type of mail or service: Affix Stamp Here (if issued as a j Certified 1 Recorded Delivery (International) certificate of mailin COD Registered or for additional Delivery Confirmation -1 Return Receipt for Merchandise copies of this bill) Express Mail Signature Confirmation Postmark and Insured Date of Receipt Addressee (Name, Street, City, State, & ZIP Code) Postage Fee Hai cr Ne Z" . r 44 30rd4 n r; smog ?/ a- ? ? Ifo ,l.?r e ? 4 ? ---- - If 613?'3 "Ziel, Postmaster i See Privacy Act Statement on Reverse by Typewriter, Ink, or Ball Point Pen PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY KAITLIN LEBLANC NO. 2010-5315 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT CERTIFICATION AS TO ADDRESS OF DEFENDANT I hereby certify the address of Defendant, Jordan Ehrisman is as follows: JORDAN EHRISMAN 140 BLOSER AVENUE, APT. B LEMOYNE, PA 17043 Z CHOFILED, JR., ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 AND ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 2010-5315 JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE. PA 17043 CIVIL COMPLAINT CERTIFICATION AS TO ADDRESS OF PLAINTIFF I hereby certify the address of Plaintiff, Erie Insurance Exchange, is as follows: P.O. BOX 2013 MECHANICSBURG, PA 17055 Z-Z/--?- PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) PAUL F. D'EMILIO, ESQUIRE ATTORNEY I. D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 NO. 2010-5315 AND JORDAN EHRISMAN 25S. 8T" STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT Notice is given /that nna judgment in the above captioned matter has been entered against you on 2011. Prothonota • If you have any questions concerning the above ple ontact: Paul M. Schofiled, Jr., Esquire Attorney or Party Filing 905 W. Sproul Road, Suite 105 Address Springfield, PA 19064 City, State, Zip (610) 338-0338 Telephone Number PAUL F. D''EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JAMES MOLNAR AND CUMBERLAND COUNTY MARY MOLNAR ; P.O. BOX 2013 ; MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 c y-? Cam"} NO 10 5315 i il . - c v rM1 CIVIL COMPLAINT R SE T Paul F. D'Emilio, attorney for State Farm Mutual Automobile Insurance Company, Plaintiff in the above captioned matter, respectfully represents as follows: 1. That on or about August 13, 2010, Plaintiff filed a Complaint in Civil Action as of the above Court Number. A true and correct copy of the Complaint is attached hereto, made part hereof and marked EXHIBIT "A." 2. That the civil action is based on claims arising from a motor vehicle accident which occurred on or about September 11, 2008. 3. That to the best of Plaintiff's knowledge, information and belief, the last known address of the Defendant:, Kaitlin Leblanc, is 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043. 4. That personal service of the Complaint was attempted several times upon the 2 Defendant, Kaitlin Leblanc. A true and correct copy of the Return is attached hereto, made part hereof and marked EXHIBIT "B." 5. Plaintiff's representatives made a good faith investigation and were able to ascertain that the Defendant lives at 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043. A copy of the Affidavit of Reasonable Investigation is attached hereto, made part hereof and marked EXHIBIT "C." WHEREFORE, the Plaintiff respectfully requests Your Honorable Court enter Order allowing service of the Complaint in Civil Action upon the Defendant, by Plaintiff's counsel sending a copy of the Complaint, regular mail, postage prepaid and certified mail, return receipt requested, to the Defendant at 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043 and by the Sheriff, or any competent adult of Cumberland County by posting a copy of the Complaint at the most public part of the real estate, premises 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043. Respectfully submitted, Paul . D'E , Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 3 VERIFICATION I, Paul F. D'Emilio, Esquire, hereby state that I am the attorney for Plaintiff in this action and verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATED: PAUL EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF 4 Exhibit "A" Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland S E C T I O N A Are money damages requested? : ZYes ? No Is this a Class Action Suit? S E C T I O N B Dollar Amount Requested: X _ within arbitration limits (Check one) outside arbitration limits ? Yes N No Nature of the Case: Place an ".X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not inciude Mass Tort) ? Intentional ? Malicious Prosecution P Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: Pa. R. C. P. 205.5 County For Prothonotary Use Only: Docket No: S_ 3 5- The itformc;,tion collected oil this fbrin is used solely fir court administration purposes. This form does not supplement or replace the filing; and service of pleadings or other papers as required by lati>> or rules of court. Commencement of Action: 0 Complaint ? Writ of' Summons ? Transfer from Another Jurisdiction Lead Plaintifrs Name: Erie Insurance Exchange Lead Defendant's Name: Kaitlin Leblanc et al (] Notice of Appeal ? Check here if you are a Self-Represented (Pro See) Litigant Name of Plaintiff/Appellant's Attorney: Paul F. D'Emilio, Esquire CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? Other: ? MDJ -Money Judgment ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure ? Partition ? Quiet Title ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: 212010 ? Petition ? Declaration of Taking PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0:338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25 S. 8T" STR.EET, APT. C LEMOYNE, PA 17043 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT ,AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO "OU YOU SHOULD TAKE: THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE VAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Court Administrator 4th Floor, Cumberland Country Courthouse Carlisle, PA 17013 {717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 1701 3 (-717) 240-6200 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY N O. O ?? 3 L ?.; I CIVIL COMPLAINT AVISO Le han demandado a usted en la corte Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte sus defensas o sus objeciones a las demandas encontra de su persona Sea avisado que si usted no se defiende, la corte tomara med das y puede entrar una Orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes para usted LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE:. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL Court Administrator 4th Floor. Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 170,13 (717) 240-6200 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S. 8T" STREET, APT. C LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. CIVIL COMPLAINT NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN.§201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Plaintiff, Erie Insurance Exchange, by its attorney Paul F. D'Emilio. Esquire bring action upon a cause whereof the following is a statement: The Plaintiff. Erie Insurance Exchange ("Plaintiff"), is a corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of James Molar and Mary Molar, herein the ("Insured") under a policy of insurance issued by Plaintiff. 2 Defendant, Kaitlin G. Leblanc, is an individual residing at 25 S. 8th Street, Apt. C, Lemoyne, PA 17043. 3 Defendant, Jordan Ehrisman, is an individual residing at 25 S 8th Street, Apt. C, Lemoyne, PA 17043. 4 At all times hereinafter mentioned Defendant Kaitlin G. Leblanc was the agent, workman, servant, employee of Defendant Jordan Ehrisman then and there in engaged in the business of Defendant Jordan Ehrisman within the course and scope of her employment. 5 On or about September 11, 2008, a motor vehicle owned by Defendant Jordan Ehrisman and operated by Defendant Kaitlin G. Leblanc was traveling westbound on Carlisle Pike, Hampden Township, Pennsylvania when she ran a red light and struck Plaintiff's Insured's vehicle causing the damages hereinafter set forth. F As a result of the aforesaid occurrence, Plaintiffs insured James Molar suffered severe and painful injuries as well as permanent and severe shock to his nerves and nervous system all of which caused him, and will for an indefinite time in the future cause him, great pain and agony and prevented him and probably will prevent him in the future, from attending to his daily activities. 7 As a result of the injuries to Plaintiff's Insured James Molar and Defendant's failure to maintain financial responsibility as required by law, Plaintiff has been obligated to pay to the Insured a sum of Fifteen Thousand and 001100 ($15,000.00) Dollars pursuant to the uninsured motorist's provisions of the insurance policy. 8 The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Seven Thousand Four Hundred One and 24/100 ($7,401.24) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars plus the costs of a rental vehicle being of Two Hundred Forty Eight and 75/100 ($248.75) Dollars less salvage received of Seven Hundred Fifty 001100 ($750.00) Dollars for a total of Seven Thousand Three Hundred Ninety Nine and 99/100 ($7,399.99) Dollars. Count I Erie Insurance Exchange v. Kaitlin G. Leblanc 9. Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. The said occurrence was due to the negligence of Defendant, Kaitlin G. Leblanc, in that she: a. did fail to have the motor vehicle under proper and adequate control, b did operate the motor vehicle at an excessive rate of speed, c did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions, f did fail to drive at a speed and in the manner that would allow her to stop within the assured clear distance ahead, g did fail to keE!p a reasonable lookout for other vehicles lawfully on the road: h did operate the motor vehicle without due regards for the rights, safety and position of the Insured at the point of aforesaid; did fail to obey and observe existing traffic conditions and traffic controls; did operate the vehicle without Insurance; k did fail to maintain financial responsibility; and did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland and Section 3112 of the Motor Vehicle Code, pertaining to the operation of motor vehicles. Count II Erie Insurance Exchange v. Jordan Ehrisman 11 Plaintiff, incorporates by reference all the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. The said occurrence was due to the negligence of Defendant, Jordan Ehrisman, in that he: a. negligently entrusted his vehicle to another operator for use when he knew, or with a reasonable exercise of due care should have known, that the operator was not capable of operating the motor vehicle properly; b negligently entrusted his motor vehicle to a person which he knew, or in the exercise of reasonable care should have known, was an incompetent driver, c negligently entrusted his motor vehicle to a person known, should have known or in the exercise of reasonable care would have known, was going to drive the vehicle in an improper, dangerous or reckless manner; d. negligently entrusted his motor vehicle to another person who he knew, should have known or in the exercise of due care would have known would cause damages to another, e negligently entrusted his motor vehicle to a person who did not maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment against the Defendant upon each court in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date I 9D'Emilio, Esquire Identification No. 16654 E-mail address: pauld demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: pauls demiliolaw.com_ 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 VERIFICATION 111 " , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating to uns worn falsification to authorities. -"? P// Date; Subrogation Specialist Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Erie Insurance Exchange vs.. Kaitlin Leblanc (et al.; Case Number 2010-5315 SHERIFF'S RETURN OF SERVICE 03/02/2011 05:55 PNI - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 2, 2011 at 1755 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jordan R. Ehrisman, by making known unto himself personally, at 140 Bosler Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally tine said true and correct copy of the same. / ICHAEL BARRIC DEPUTY 06/03/2011 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: Kaitlin Leblanc, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kaitlin Leblanc. After several attempts to the requested service address of 140 Bosler Avenue, Apartment B, Lemoyne, Pennsylvania 17,343 Deputies were unable to find the Defendant at this address before the Complaint and Notice expired. SHERIFF COST: $76.00 June 03. 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Exhibit "C" Confidential Plaintiff: Erie Insurance Exchange Investigative County: Cumberland Services, Inc. VS. Term #: 10-5315 civil Defendant: Kaitlin Leblanc Locate: Kaitlin Leblanc Address Given: 25 South 8th Street, Apt. C, Lemoyne, PA 17043 ATTENTION: Paul F.. D'Emilio, Esq. 905 W. Sproul Road, Suite 105 Springfield, PA 19064 File #: AMENDED AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 25 South 8th Street, Apt. C, Lemoyne, PA 17043 2) 140B Bosler Avenue, Lemoyne, PA 17043 INQUIRY OF THE CREDIT BUREAU The credit bureau reports that the most recent current address of the subject is 140 Bosler Avenue, Apt. B.. Lemoyne, PA 17043. SEARCH OF CUMBERLAND COUNTY PENNSYLVANIA PROPERTY RECORDS Search conducted reveals that the subject does not own the property in Cumberland County, PA. INQUIRY OF U.S. POST OFFICE (FOIA) 1) The Lemoyne Post Office reports that mail is good as addressed to the subject at 25 South 8th Street, Apt. C, Lemoyne, PA 17043. 2) The Lemoyne Post Office reports that mail is good as addressed to the subject at 140B Bosler Avenue, Lemoyne, PA 1'7043. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports that 717-761-7107 is issued to Andrew Katlan at 25 South 8th Street, Lemoyne, PA. The telephone company operator reports that 717-737-5978 is issued to Jordan R. Ehrisnan at 140B Bosler Avenue, Lemoyne, PA. CONTACTS 1) No neighbors could be contacted to confirm the subject's residency. Contact could not be made at 717-761-7107 as only an answering machine was received. 2) No neighbors could be contacted to confirm the subject's residency. Contact could not be made at 717-737-:5978 as notification advises that the number is no longer in service. I CFRI IFY C17NDFR PI MALTY OF PERJURY, THAT THE FOREGOING IS TRUE'AND CORIZEC"L'. "f0 "H [E BI;S"I' OF MY KNOWLEDGE. 1 I fNDI:IZS"I AND 11 IA I F/v LSE STATEMENTS HEREIN ARE MADE $, BJEC-1 'O THE PENAL: I'IES RFLATING I O l1NSWORN FALSIH('A"I ]ON 1'0 A(J') HORITIES. AFFIANT: ?c ;lr' C' DIANE AN, CLI 235 South 13th Street SWQRN & SUB CRIBED BEFORE ---FOREME THIS -0 1 Philadelphia. PA 19107 OF,?_ T 1, 201 1 COMMONWEALTH OF pENiNIl1FCm4f?r4I? Cr,- (215) 546-7400 _ NOTARIAL SEAL. - (800) 503-7400 -t?-? E:RICAROBERTSON Nota Public City of Philadelphia, Phila. County Fax (215) 985-0169 NOTARY ?A CAR1m ' irPs December 10, 2014 CIS., Inc. 235 South 13th Street, Philadelphia, PA 19107 Date: November 18, 2011 Station Manager Please provide apartment number or Lemoyne, PA 17043 physical address information for post office box, City, State, ZIP Code if applicable Request for Change of Address or Boxholder ]Information Needed for Services of Legal Process PLEASE FURNISH 'rHE NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: Kaitlin Leblanc Address: 25 South 8th Street, Apt. C NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing, change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is: Pennsylvania Rules of Civil Procedure 400.1. The names of all known parties to the litigation: Erie Insurance Group vs. Kaitlin Leblanc 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 10-5315 civil 6. The capacity in which this individual is to be served is a defendant. WARNING THE SUBMISSION Ol- FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER TEAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL. ,-!NA i iC v w A FINE ii' J; TO .i11.Pi^1iS0iv.':%:.^.' OR i.} iv.... .. PA......... ,., ,.,. FE rnIZ C!!ANCE OF ADDRESS 7*tcnonnn_r;n?.l OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I Cl'R'l'II Y I I IAT I HE?VE INFORMATIO V IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF 1 LGAL 1 R/Od-SS IN C, NECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. /'??LL2?Z? l _?' Signature Diane Cowan _ Printed Name Wail is good as addressed. Not known at address given. Moved, left no forwarding address No such address. 235 South 13th Street Address Philadelphia, PA 19107 City, State, ZIP Code, FOR POST OFFICE USE ONLY NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS CIS, Inc. :235 South 13th Street, Philadelphia, PA 19107 Date: November 18, 2011 Station Manager Please provide apartment number or Lemoyne, PA 17043 physical address information for post office box, City, State, ZIP Code if applicable Request for Change of Address or Boxholder Information Needed for Services of Legal Process PLEASE FURNISH THE, NEW ADDRESS OR THE NAME AND THE STREET ADDRESS (IF A BOXHOLDER) FOR THE FOLLOWING: Name: Kaitlin Leblanc Address: 140B Bosler Avenue NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.8(d)(6)(u). There is no fee for providing boxholder information. The fee for providing; change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester is a process server. 2. Statute or regulation that empowers me to serve process is: Pennsylvania Rules of Civil Procedure 400.1. 3. The names of all known parties to the litigation: Erie Insurance Group vs. Kaitlin Leblanc 4. The Court in which the case has been or will be heard: Cumberland County Court of Common Pleas ti. The docket or other identifying number if one has been issued: 10-5315 civil 6. The capacity in which this individual is to be served is a defendant. WARNING I'HE SUBMISSION O' FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 410,000 OR IMPRISONMENT OR (2) TO AGO,D PAYMENT OF "iil FEE TOR CIiANGF. OF ADDRESS INFORMATION OF NO"I' MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001) I CERTIFY THAr THI3 ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF F.GAL PRRCF,SS IN FgDd ECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 235 South 13th Street Signature Address Diane Cowan _ Printed Name -/Mail is good as addressed. Not known at address given. Moved, left no forwarding address. No such address. Philadelphia, PA 19107 City, State, ZIP Code FOR POST OFFICE USE ONLY NEW ADDRESS OR BOXHOLDER'S POSTMARK NAME AND STREET ADDRESS PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 AND JORDAN EHRISMAN 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY NO. 10-5315 civil CIVIL COMPLAINT MEMORANDUM OF LAW Pennsylvania Rules of Civil Procedure, Rule No. 410 provides alternative service in real property actions where the Plaintiff is unable to make personal service. The Sheriff, or any competent adult, has, in this action, been unable to make personal sE?rvice of the COMPLAINT upon the Defendant, Kaitlin Leblanc. Pursuant to Rule No. 401 (c) this Court has authority to authorize a form of alternate service. Plaintiff, after an extensive search, has been unable to ascertain any other address for the Defendant, Kaitlin Leblanc. WHEREFORE, the Plaintiff respectfully requests Your Honorable Court enter Order allowing service of the Complaint upon the Defendant, by Plaintiff's counsel sending a copy of the Complaint, regular mail, postage prepaid and certified mail, return receipt requested, to the Defendant, Kaitlin Leblanc at 140 Bosler Avenue, Apt. B, 5 Lemoyne, PA 17043 and by the Sheriff or any competent adult of Cumberland County by posting a copy of the Complaint on the most public part of the real estate at premises 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043. Pa iication Emilio, Esquire Ide No.: 16654 e-mail address. pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 6 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 1906,4 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JAMES MOLNAR AND CUMBERLAND COUNTY MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 NO. 10-5315 civil AND JORDAN EHRISMAN 25S.8 TH STREET, APT. C ; LEMOYNE, PA 17043 CIVIL COMPLAINT CERTIFICATION OF SERVICE This is to certify that complete copies of all papers contained in the Petition For Service of Process Pursuant To Rule 430 Upon the Defendant, Kaitlin Leblanc, were served upon the following parties by First Class Mail, postage prepaid on O l C 2012: Kaitlin Leblanc 140 Bosler Avenue, Apt. B Lemoyne, PA 17043 - J 7 Pa . D'E ilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 _ r +_ i.. €J ti . LJ TJ.,? .. ??tZMAY IS AN II: 3, ti-?'MIER .ANO cOUN ? PENNS YLIVANIA ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JAMES MOLNAR AND CUMBERLAND COUNTY MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 NO. 10-5315 civil AND JORDAN EHRISMAN 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT ORDER AND NOW, TO WIT, this A(day of mal , 2012, upon motion of Paul F. D'Emilio, Esquire, attorney for Plaintiff, it is hereby ORDERED and DECREED that service of the COMPLAINT, in the above-captioned matter, shall be made on the Defendant, Kaitlin Leblanc, by Plaintiffs counsel sending a copy of the Complaint, regular mail, postage prepaid and certified mail, return receipt requested, to Defendant at 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043; and the Sheriff, or any competent adult of Cumberland County shall post a copy of the COMPLAINT, at premises 140 Bosler Avenue, Apt. B, Lemoyne, PA 17043, Chester, PA 19013 Service by mail complete upon mailing. BY T COU T:l v J. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M.', SCHOFIELD, JR., ESQUIRE ATTO RN Y I.D. #81894 905 W. S ROUL ROAD, SUITE 105 SPRING IELD, PA 19064 (610) 33$ -0338 ERIE IN WRANCE EXCHANGE AS SUBRO EE OF JAMES MOLNAR AND MARY M LNAR . P.O. BO 2013 . MECHA ICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY vs. - - KAITLIN LEBLANC NO 10-5315 civil 25 S. 8T" STREET, APT. C . LEMOY E, PA 17043 A ND JORDAN EHRISMAN . 25S. 8T" STREET, APT. C LEMOY E. PA 17043 CIVIL COMPLAINT PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. ATTORNEY FOR PLAINTIFF G 411.75 PD A-rrY CvIg4q(a elt.??Syq-a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?©u?,ta of +?umbrr},??? OFF ICE OF Tt F SsERIFP --- c 4I 'f? rat ??t Jody S Smith Chief Deputy Richard W Stewart Solicitor 9 AIM 6: ER 9..A D C rsR?? l ? vlr????tar? Erie Insurance Exchange vs. Case Number Kaitlin Leblanc (et al.) 2010-5315 SHERIFF'S RETURN OF SERVICE 06/18/2012 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: Kaitlin Leblanc, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kaitlin Leblanc. Request for service at 140 Bosler Avenue, Apartment B, Lemoyne, Pennsylvania 17043 the Defendant was not found. The Lemoyne Postmaster has confirmed, Kaitlin Leblanc's new address is 2001 Paxton Street, Harrisburg, Pennsylvania 17111. SHERIFF COST: $55.00 June 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (0) CountySulte Sheriff, Teleosoff. Inc. % ILj Thomas E. Brenner, Esquire Attorney ID No. 32085 °.p! a p P.O. Box 6991 Harrisburg, PA 17112 ' J+1 ER i AN'D COUP; T" (717)234-4161 1PEN NSYC rANIA Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, a/s/o . JAMES MOLNAR and MARY MOLNAR,: Plaintiffs NO. 10-5315 Vs. KAITLIN LEBLANC and JORDAN EHRISMAN, Defendants CIVIL ACTION LAW PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner of Goldberg Katzman, P.C., on behalf of Defendants Kaitlin McNaughton, f/k/a Kaitlin LeBlanc and Luther McNaughton, f/k/a Jordan Ehrisman. Respectfully Submitted, omas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney,for Defendants Dated: 6/22/2012 {00603129;vII CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: Paul D'Emilio, Esquire Paul M. Schofield, Jr., Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. B as E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Defendants Dated: 6/22/2012 {00603129;v1} PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 : 2 JUN 29 52 PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT SUBROGEE OF JAMES MOLNAR AND CUMBERLAND COUNTY MARY MOLNAR P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. KAITLIN LEBLANC 25S.8 TH STREET, APT. C LEMOYNE, PA 17043 NO. 10-5315 civil AND JORDAN EHRISMAN 25 S. 8T" STREET, APT. C LEMOYNE, PA 17043 CIVIL COMPLAINT PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. ATTORNEY FOR PLAINTIFF ISPA .?-1y a ?a PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF JAMES MOLNAR AND MARY MOLNAR VS. KAITLIN LEBLANC AND JORDAN EHRISMAN ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY rrr'*r= e z ? r- pr-, NO. 10-5315 civil -<> r rri v bn z mow, CIVIL COMPLAINT C) Tt - rv AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Jordan Ehrisman is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 10-5315 which was a result of a motor vehicle accident on Septembar`)1, 2008. SWORN TO AND SUBSCRIBED BEFORE ME THIODAY OF jc.+v, , 2012. ?;?A NOTARY PUBLIC PAUL F. O'jNlWr,, ESQUIRE COMMO gXLTIMO YLVANIA NOTARIAL SEAL [MELISSA O'NEILL, Notary Pub*' CW* Springfield Twp.; 6,1015 c? 45.1)5 PO ATr/ C"'q 83(v p$ t77gZ8 SHER F'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson RLED-Off I Sheriff ,w cumbfr44 C;7 THE PROTH Jody S Smith Chief Deputy 2012 JUG. 30 AM Richard W Stewart CUMBE_?tLAND C Solicitor MOE.OF TI4E "RIFF N YLY PE NSA' RY 04 TY Erie Insurance Exchange VS. Case Number 2010-5315 Kaitlin Leblanc (et al.) SHEFNFF'S RETURN OF SERVICE 07/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he trade a diligent search and inquiry for the within neared defendant, to wk: Kaitlin Leblanc, but was unable to locae her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 07/09/2012 Dauphin County Return: And now, July 9, 20121, Jade Lotwick, Sheriff of Dauphin Count, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kaitlin Leblanc the defendant named in the within Complaint and Notice and that I am unable to find her in the County o Dauphin an therefore return some NOT FOUND. Request for service at 2001 Paxton Stiff, Ha r isbur?g, Pennsylvania 17111 is operated by Paxton Ministries. Deputies were advised no one by the name of Ki itlin Leblanc lives or works at this address. 07/1812012 07:43 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that?on July 18, 201`2 at 1943 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kaitlin Leblanc, pursuant to order of court by posting the premises located at 140 Bo er Avenue, Apartment B, Lemoyne, Cumberland County, Pennsylvania 17043 with a true and correct cop according to law. FRY, SHERIFF COST: $75.00 July 23, 2012 SO ANSWERS, t 4 (c) CountySuile Shen t, Teleosoft Inc. Mire of RFR? sta Deputy William T. Tully Solicitor F ?1 . Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Michael W. As imam Cht ERIE INSURANCE EXCHANGE JAMES MOLNAR AND MARY I VS KAITLIN LEBLANC Sheriff s Return No. 2012-T-1917 OTHER COUNTY NO. 2010-5315 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KAITLIN LEBLANC the DEFENDANT named the within REINSTATED COMPLAINT & NOTICE and that I am unable to find him/her in the C of Dauphin, and therefore return same NOT FOUND, JULY 9, 2012. PROPERTY AT ADDRESS 2001 PAXTON STREET, HARRISBURG, PA 17111 B ONGS PAXTON MINISTRIES. AS PER MANAGER, NO ONE BY THE DEFENDANT'S AME R OR WORKS THERE. Sworn and subscribed to before me this 11 TH day of July, 2012 O?? Z CQiY+MAwWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County Commission ices A t 17 2014 So Answers, Sheriff of Bye A -`..? ?? Deputy Sheriff Deputy: WILLIAM T SNYDE Sheriffs Costs: $47.25 7/6/201 in ES