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HomeMy WebLinkAbout10-5425r ' ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleafcom 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, a Pennsylvania resident, 217 Ridge Street, Lansdale, PA 19446 Defendants. 2010A.tl1G 19 PM 3 041 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c? /'o-s412'.r 4J NO. 04-5920 CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 PRAECIPE FOR WRIT OF REVIVAL TO THE PROTHONOTARY: Issue writ of revival of judgment entered to 1:04-CV-0476 and index it in the judgment index against David Ellis Agency, Inc. and David L. Ellis, Defendants in the amount of $524,024.92, plus interest from Novmber 24, 2004. Respectfully submitted, CftL avccrt thaaa ''/DID, G/ 1.4 ao.©O rti .S= OD Y 02 -OD ?? Dated: August 19, 2010 ELLIOTT GREENLEAF & BALABAN By: - ?__3 X &kdm?.. William R. Balaban, Esquire Attorneys for Plaintiffs `4`00 14,1` Q4 q404 a V7 013 t' ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleafcom 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Attorneys for Plaintiffs Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a : IN THE COURT OF COMMON PLEAS OF Wisconsin corporation, and : CUMBERLAND COUNTY, PENNSYLVANIA SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, a Pennsylvania resident, 217 Ridge Street, Lansdale, PA 19446 Defendants. : NO. 04-5920 : CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 WRIT OF REVIVAL TO: DAVID L. ELLIS AGENCY, INC. 217 Ridge Street Lansdale, PA 19446 AND DAVID L. ELLIS 217 Ridge Street Lansdale, PA 19446 1. You are notified that the Plaintiffs have commenced a proceeding to revive and continue the lien of the judgment entered to 1:04-CV-0476. 2. The plaintiffs claim that the amount due and unpaid is $524,024.92, plus interest from Novmber 24, 2004. 3. You are required within twenty (20) days after service of this Writ to file an answer or otherwise plead to this Writ. If you fail to do so judgment of revival in the amount r' .... claimed by the Plaintiffs may be entered 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 THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Services 32 South Bedford Street Carlisle, PA 17013 ID/D Dated: 1).uh SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ jt11, 01.E a au h~,~,~~~~~ Jody S Smith Chief Deputy ~- ;', Richard W Stewart Solicitor ~F=~,;F : .:~,:.~k~F~ National Casualty Company Case Number vs. David L. Ellis (et al.) 2010-5425 SHERIFF'S RETURN OF SERVICE 08/25/2010 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: David L. Ellis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Writ of Revival according to law. 08/25/2010 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: David L. Ellis Agency, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Writ of Revival according to law. 09/17/2010 09:50 AM -Montgomery County Return: And now, September 17, 2010 at 0950 hours I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that 1 made diligent search and inquiry for David L. Ellis Agency, Inc. the defendant named in the within Writ of Revival and that I am unable to find them in the County of Montgomery and therefore return same NOT FOUND. After several attempts the Writ of Revival has expired. 09/17/2010 09:50 AM -Montgomery County Return: And now, September 17, 2010 at 0950 hours I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that 1 made diligent search and inquiry for David L. Ellis the defendant named in the within Writ of Revival and that I am unable to find him in the County of Montgomery and therefore return same NOT FOUND. After several attempts the Writ of Revival has expired. SHERIFF COST: $53.00 September 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF :`~ C ,,..,~ e:~ c~ `s7 ~'C7 ^~~~ I"r7 a...i cy "~1 ~'^ ate, j 7"~ ~ ~ ' 1 "~ r- ry~q ~. y 3=~ ~ ~? T_ ' ' P : 'j f'~) ~ ,oi CounrySuitQ Snen=T_ Teiaos~fP. b~c. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~t~~tttt ~~ ~~r~rrbr~.r~y~ sheriff ~~ - ~ Y: ~ no ~ 3~ Jody S Smith ~ Richard W Stewart Chief Deputy r~rr~eE=` ~~~~~~ticF Solicitor National Casualty Company (~ vs. Case Number David L. Ellis (et al.) 2010-5425 SERVICE COVER SHEET ytr ~' ." " .,_ . v._ Category: Civil Action -Writ of Revival Zone: ~~-~f~~ Manner: Deputize ~ Expires: 09/17/2010 Warrant: ~~~~~ ~..,.e,....., ~_....~...,....._,..~...~.._...~__.~....-.,....n-..~.....~.~.... ....~.m......~.._~__.~.__. Notes: 2 ~O ~ M W'''~T„GHF~1@"! `,f~. C 1'..~1~1v.{Yr '1,.'. Name: ;David L. Ellis Agency, Inc. _.. - Primary '; 217 Ridge Street I Address: Lansdale, PA 19446 Phone: .,.._. _ r _ _ .._ _ .. _ I ..-_ ~ ~.....o~.. ,..~.~.w..._....w,.~..~..._.....~....._...~._...~_..w_.~ Alternate Address: S Phone: Date: ~~,7 .lrtb~ Time: ~Dq`5-~ Deputy: ~4.~........4 ~ Mileage: ~_..~~.____. ,~ ,;, n~y ~';',d ,,.. , , ~, ._;. .,_~ f U ;' 'lil~ ~~ ~~ ~ .......__ ,. .....®.._.. _ ...r......» _ ..._.» Name: William R Balaban ~ Phone: ~; 1 ; X234 3282 ~~ ~~~~ Date: ~ -~-1 6 Ct !o -/c~ Time: / ~~/ $' C170,$- Mileage: - -- Deputy: (~Z ~ Z ~N~4/'Spe~lat'1't~st~Ti'C~o~~sti nS 1~~{~T~~~1, {l1 a f.~oS~ ~~h ~~ K ~d ~~~;~ ~~.~r~~w -- --- ------ -- - ----- -- ~~.i:~~~3~1- -- --- ~c Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvani Flo hereby depu ize the Sheriff of Montgomery County to execute service of the documents herewith and make return there~i~o~~l~g ~ta~~ ~~ Return To: Q ~ /~ + 3 ~ Cumberland County Sheriffs Office ,~~ One Courthouse Square C~ Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Si~eriff " ~~~~iS1? Cf ~ttirybC,^,~~~~ t~FICE r` -~r. cu~RiFF / v ~ ` ~ ~ ~ ichard W Stewart Solicitor Jody S Smith Chief Deputy National Casualty Company ~~ Case Number vs. 2010-5425 David L. Ellis (et al.) SERVICE COVER SHEET 5~@rv~c~~ De~a~IS. ~ r. ~ ~~ ~+ $ w ~i . ~ 1 ~ 4.~e~, ~~ 1} '};M1 .a... ~.... _. Category: Civil Action -Writ of Revival .,,._ Manner: ,Deputize ...__.,..._..-~... 3._...._.. _ ..,.,~..~.... _. ~..~. Notes: //~ ( 1...~L Name: David L. Eflis .~..~, _ _ Primary 217 Ridge Street Address: Lansdale, PA 19446 Phone: ..~ ~~.~ _~_m.~. -~._~~..~~.-...__....~..~~ ~-~~•----~ Alternate ~ Date: ~~~~G Time: C~~~ Address: ~ t,-C-----~-~-~-•'~.i -~- J V Deputy: L~,g ~~ ~'~'~f' Mileage: -~~ Phone: ~ ~.e_.,-.~.~..._....._ _._.......~.., _.~....~. _. .~. ..~ .._ ..~....~.....~..__.~. -3282 Name; William R. Balaban Phone: 717-234 ~~ ____.~~ r ~tvlce~~At1`erri~ts:, ~ r ~ ~ ~ ~ ~ ~, ~a! ~. ~ ~ ~ ~ < ~ ~ ~' _. ~~ _ R _ Date: C(~~'J b GJ-l o -t o ~ t~J-la rime: J `jt.~' ~7 oS ~6~ Mileage: - -- ~~h~. Deputy: ?2 ~% ~, ~',' "~f~S{'J"Al~if~7S~iL~I(31'~~. ~' io {'~ ~k~' ~'.'~' "' ~''° . d -~~ ~~7 ~~ ~.lh ~_,, Uh1 -- -- - - -- - - ~1 ~; .~fl~ - -- --- Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereby e~r~:tJ~ Sheriff of Montgomery County to execute service of the documents herewith and make return thereof loo i o ~ ~~~9,`~~ Ol ,,. ~ ~~;~ a .r Zone: Return To: y Q ~n ~ ~s~~~-~.... Cumberland Count Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleaf.com Kathryn L. Mason, Esquire (PA ID #306779) klm@elliottgreenleaf.com 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, Defendants. FILED-OFFICE THE PROTHONOTARY 2510 DEC - i PM 2, '3 3 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5425 CIVIL-ACTION LAW U.S. DISTRICT COURT Middle District, Pennsylvania CIVIL ACTION NO.: 1:04-CV-0476 PLAINTIFFS' MOTION TO ALLOW ALTERNATIVE SERVICE UPON DEFENDANTS BY PUBLICATION Plaintiffs, National Casualty Company and Scottsdale Insurance Company ("Plaintiffs"), by and through their attorneys, Elliott Greenleaf & Balaban, file this Motion to Allow Alternative Service upon Defendants by Publication pursuant to Pennsylvania Rule of Civil Procedure 430. In support of their Motion, Plaintiffs state as follows: 1. Plaintiffs commenced this action in the United States District Court for the Middle District of Pennsylvania ("Middle District"), Civil Action No. 1:04-CV-0476, on March 5, 2004. 2. On November 23, 2004, the Middle District entered a Default Judgment in the amount of Five Hundred Twenty-Four Thousand Twenty-Four and 92/100 (524,024.92) Dollars against Defendants, David L. Ellis and David L. Ellis Agency, Inc., ("Defendants"). A true and correct copy of the Default Judgment is attached hereto as Exhibit "A". 3. On November 24, 2004, the Default Judgment was transferred to this Court and entered and indexed against Defendants. 4. At some point thereafter, Defendant, David L. Ellis, who controls the Defendant, David L. Ellis Agency, Inc, moved to an unknown location. 5. On August 19, 2010, on praecipe by Plaintiffs, a Writ of Revival was issued by the Court. 6. Despite diligent and thorough efforts, Plaintiffs have been unable to effectuate service of the Writ of Revival on any of the Defendants within the Commonwealth of Pennsylvania. 7. Plaintiffs have made a reasonable but unsuccessful effort to ascertain the locations of the Defendants sought to be served in accordance with Pa. R.C.P. 430. 8. In doing so, Plaintiffs have incurred expenses in their efforts to locate Defendants. 9. An Affidavit, signed on even date herewith, lists the various efforts made by Plaintiffs to ascertain the locations of the Defendants. A true and correct copy of the Affidavit is attached hereto as Exhibit "B". 10. Plaintiffs submit herewith a proposed Order and Affidavit in support of this Motion, the Affidavit of which Plaintiffs incorporate herein as if fully set forth. 11. Plaintiffs do not request a hearing or argument with respect this Motion, and discovery is not necessary. 12. For the reasons herein stated, Plaintiffs have been unable to obtain Defendants' concurrence/non-concurrence in this Motion. WHEREFORE, Plaintiffs respectfully request that this Court issue its Order granting Plaintiffs' Motion to Allow Alternative Service upon Defendants by Publication. Respectfully submitted, ELLIOTT GREENLEAF & BALABAN By: rYYlaZ-,o Dated: 1 ",ember 30, ?,n o Kathryn L. Mason, Esquire EXHIBIT "A" IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NATIONAL CASUALTY COMPANY, CIVIL ACTION NO.: a Wisconsin corporation, and 1:04-CV-0476 SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs (JUDGE CONNER) V. DAVID L. ELLIS AGENCY, INC. a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc., and DAVID L. ELLIS, a Pennsylvania resident, Defendants JUDGMENTS BY DEFAULT AND NOW, this 23°d Day of November, 2004, JUDGMENT IS HEREBY ENTERED in the favor of Plaintiffs NATIONAL CASUALTY COMPANY and SCOTTSDALE INSURANCE COMPANY and against Defendant DAVID L. ELLIS AGENCY, INC. and against DAVID L. ELLIS in the amount of $524,024.92, together with interest accruing thereon from November 23, 2004. OwNed tom the r1ecord . Clerk z ft p Y de ar---- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA By: - D ? Mary E. D'An rea Clerk of Court EXHIBIT "B" ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleafcom Kathryn L. Mason, Esquire (PA ID #306779) klm@elliottgreenleaf.com 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5425 : CIVIL-ACTION LAW Pennsylvania corporation, successor in interest to David Ellis & Company of : U.S. DISTRICT COURT Pennsylvania, Inc., t/a Ellis & Company of : Middle District, Pennsylvania Pennsylvania, Inc. and DAVID L. ELLIS, : CIVIL ACTION NO.: Defendants. : 1:04-CV-0476 AFFIDAVIT FOR SERVICE BY PUBLICATION The undersigned, Kathryn L. Mason, being of lawful age and first duly sworn, upon oath states as follows: 1. I am counsel for Plaintiffs in the above captioned action and make this affidavit for the purpose of obtaining service by publication upon the parties named herein pursuant to Pa. R.C.P. 430. 2. The Defendants on whom service by publication is sought, whose names are known but whose locations are unknown, notwithstanding reasonable efforts to ascertain the same, are as follows: DAVID L. ELLIS AGENCY, INC. 217 Ridge Street Lansdale, PA 19446 AND DAVID L. ELLIS 217 Ridge Street Lansdale, PA 19446 3. I have made reasonable but unsuccessful efforts to ascertain the locations of the Defendants sought to be served in accordance with Pa. R.C.P. 430. 5. I have been unable to procure service of a Writ of Revival on any of the specified Defendants within the Commonwealth of Pennsylvania. A true and correct copy of the Writ of Revival is attached hereto as Exhibit "I". 6. The following efforts were undertaken by my office to ascertain the locations of the Defendants, on or around the dates specified below: • August 12, 2010: Telephone conference with affiliated business partner to Defendants, Irwin Aronson, of 212 Locust Street, Suite 400, Harrisburg, PA 17101, requesting present known locations of Defendants. • August 12, 2010: Telephone conference with affiliated realtor to Defendants, William Gladstone, of 1015 Mumma Road, Floor 2, Wormleysburg, PA 17043, requesting present known locations of Defendants. • August 16, 2010: Ordered complete Accurint search history for both Defendants. Results yielded last known address of Defendant, David Ellis, to be 217 Ridge Street, Lansdale, PA 19446. • August 9-12, 2010: Internet/web-based research conducted in order to determine present locations of Defendants. • 8-19-10: Attempted to effectuate service of Writ of Revival at last known address by Sheriff in accordance with Pa. R.C.P. 403 - After multiple attempts, return of service designated NOT FOUND. See a true and correct copy of Sheriff's Return of Service attached hereto as Exhibit "II". • 9-15-2010: Attempted to effectuate service of Writ of Revival at last known address by mailing requiring signature in accordance with Pa. R.C.P. 403 - Package returned to Shipper following multiple attempts at delivery because "Customer not available or business closed - Signature required." See a true and correct copy of Fed-Ex Tracking Summary attached hereto as Exhibit "III". By: Kathryn L. Mason, Esquire Dated: Nov, irnloe r- 3o r Z o SWORN TO AND SUBSCRIBED BEFORE ME THIS &4"DAY OF NOVEMBER, 2010. 1A ?--r I NOTARY PU IC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dorothy M. Scott, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 11, 2012 Member, Pennsylvania Association of N.)tarita EXHIBIT "I" ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleaf.com 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Attorneys for Plaintiffs Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a : IN THE COURT OF COMMON PLEAS OF Wisconsin corporation, and : CUMBERLAND COUNTY, PENNSYLVANIA SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, a Pennsylvania resident, 217 Ridge Street, Lansdale, PA 19446 Defendants. : NO. 04-5920 : CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 WRIT OF REVIVAL TO: DAVID L. ELLIS AGENCY, INC. 217 Ridge Street Lansdale, PA 19446 AND DAVID L. ELLIS 217 Ridge Street Lansdale, PA 19446 1. You are notified that the Plaintiffs have commenced a proceeding to revive and continue the lien of the judgment entered to 1:04-CV-0476. 2. The plaintiffs claim that the amount due and unpaid is $524,024.92, plus interest from Novmber 24, 2004. 3. You are required within twenty (20) days after service of this Writ to file an answer or otherwise plead to this Writ. If you fail to do so judgment of revival in the amount claimed by the Plaintiffs may be entered 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 THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Services 32 South Bedford Street Carlisle, PA 17013 Dated: J O!D ? / 70, it pLl -'?. 00 eo . P ary TRUE COPY FROM RECORD In Tisdn W VAwed, I hsw untio 90"W hind and Ito sw CA&WO Pal ? v °? ProY EXHIBIT "II" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy R , Richard W Stewart Solicitor OFFICE OF TH. SFEWFF National Casualty Company vs. David L. Ellis (et al.) Case Number 2010-5425 SHERIFF'S RETURN OF SERVICE 08/25/2010 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: David L. Ellis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Writ of Revival according to law. 08125/2010 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: David L. Ellis Agency, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, PA to serve the within Writ of Revival according to law. 09/1712010 09:50 AM - Montgomery County Return: And now, September 17, 2010 at 0950 hours I, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that I made diligent search and Inquiry for David L. Ellis Agency, Inc. the defendant named in the within Writ of Revival and that I am unable to find them in the County of Montgomery and therefore return same NOT FOUND. After several attempts the Writ of Revival has expired. 09/17/2010 09:50 AM - Montgomery County Return: And now, September 17, 2010 at 0950 hours 1, John P. Duante, Sheriff of Montgomery County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for David L. Ellis the defendant named in the within Writ of Revival and that I am unable to find him in the County of Montgomery and therefore return same NOT FOUND. After several attempts the Writ of Revival has expired. SHERIFF COST: $53.00 September 28, 2010 SO ANSWERS, i?z ?? .6? ?21 RON R ANDERSON, SHERIFF M CW#YSOUr Shenk TdeosoH. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy. National Casualty Company VS. David L. Ellis (et at.) ?o,M,%v of ce t4tit,d 1 *U2, J` Richard W Stewart Solicitor - Case Number 2010-5425 SERVICE COVER SHEET Category: Civil Action - Writ of Revival ` Zone: Manner. Deputize Expires: 09/17/2010 Warrant: Notes: ?- 2 Name: David L. Ellis Agency, Inc.. Primary 217 Ridge Street Address: Lansdale, PA 19446 Phone: Alternate Address: Phone: i Date: rime: Deputy. 4 9 ?, Mileage: ............ ................ _---....................................... :...... .3H1 ?r a.. ......... .............. J 4. Now, August 25, 2010 I, Sheriff of Cumberland County, ennsylvani o ??iie.re j by depu ¢?the Sheriff of Montgomery County -to execute service of the documents herewith and make return there t i. wig Of V O L Return To: 3h s Cumberland County Sheriffs Office +t^?" One Courthouse Square -?-- Cadisle, PA 17013 onny R Anderson, Sheriff 1;C! Gmnty_%110 5?12!77P. ?c"?PJS:!.. ?i1C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Oancv of t?arr,$rr?? Sheriff a Jody S Smith -? chard W Stewart Chief Deputy -W-Mr CGIR9.440RIFr.. Solicitor National Casualty Company Case Number Davidvs.L. Ellis (et al.) 2010-5425 SERVICE COVE SHEET Category: Civil Action - Writ of Revival Zone: -? Manner: Deputize Expires: 0917/2010 Warrant Notes: C Name: (David L. Ellis Served. Personally dint In Charge • Posted • th Primary 217 Ridge Street Adult In Address: Lansdale, PA 19446 Charge. Phone: Relation: Alternate Date: rime: Address. Phone: Deputy: q S Mileage: ...............................-----------...... ..........-. ?C ry ---...... Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do- hereby rte?a 3i Sheriff of Montgomery County to execute service of the documents herewith and make return thereof o61iro Ia . Return To; Cumberland County Sheriff's Office One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff EXHIBIT "III" Detailed Results Printer-Fdendiv Hep Enter tracking lumber .? Detailed Results Notifications Tracking no.: 793917188486 Select time format: Mt t 24H Eli aN notificat o n In transit Initiated Picked up In transit Delivered Delivery exception FORT WASHING TON, PA Shipment Dates Destination Ship date .._i Sep 15, 2070 ?--_-- -- ?--- - LANSDALE, PA Shipment Options Msl¢ Hold at F*dEx Location Not available to receive your shipment? Fed Ex will hold your shipment at a nearby Fad Ex location at no extra cost. Some shipments '.. may not be eligible for this service. Read more. Shipment Facts Male Service type Standard Envelope -Direct Signature Reference 7034.001 - Ellis Required 1 Weight 0.51bs/.2 kg Shipment Travel Hi story Mfrle -, Select Ome zone: Local Scan Time AN shipment travel activity is displayed in local time for the location ' _Wayfi Mr Activity 'Location Details .. Sep 23, 2010 193 PM Package retuned to shipper -FORT WASHINGTON, PA Package rtusned to :.. dlpper408118821129 ',. '.. Sep 23, 2010 7:35 AM At local FedEx facility !. FORT WASHINGTON, PA Sep 22. 2010 7:48 PM ':. At local FedEx facility FORT WASHINGTON, PA : . :., Sep 21, 201010:54 AM ,At local FedEx facility ''.,.FORT WASHINGTON, PA Sap 20, 2010 7:20 PM At local FedFx facility FORT VWASHINGTON, PA Sep 20, 2010 690 PM At local FedE fadity ! FORT WASHINGTON, PA Sep 20, 2010 128 PM Delivery exception '., FORT WASHINGTON, PA i Cudomsr of evedsble or business dosed- Signature Sep 20, 20107:55 AM On FedEk vehids for delivery - FORT WASHINGTON, PA Sap 18, 2010 2:17 PM At local FedEx facility FORT WASHINGTON, PA Sep 17, 2010 4:18 PM At local FedU faciity !FORT WASHINGTON, PA '.,. Sep 17, 20101:40 PM ''.,. Delivery exception FORT WASHINGTON, PA : Customer not "able or business dosed - Signature ',. Sep 17, 20108:57 AM On Fade, vehicle for delivery FORT WASHINGTON, PA ',. Sep 18, 20105:16 PM Atlocal F dExfadity -FORT WASHINGTON, PA '.. Sep 16, 2010154 PM Delivery exception FORT WASHINGTON, PA '.Customer not "able or . business dosed - Signature ra-A 1) Sep 18. 20108:58 AM On FadEx vehicle for delivery ! FORT WASHINGTON, PA Sep 16, 2010 8:04 AM At local FedEk facility FORT WASHINGTON, PA Sep 16, 20104:30 AM Departed FedEx location NEWARK, NJ Sep 18, 20101:05 AM (Departed Fed Ex location NEWARK NJ Sep 16, 201012:50 AM ;Hived at FedEk location NEWARK NJ j Sep 15.2010 9:35 PM Lea FadEx sign facility :MIDDLETOWN, PA Sep 15, 2010 898 PM '.. Picked up '..,MIDDLETOWN, PA '..., ',. Sep 15, 2010 3:54 PM Shipment Information sent to FedEx Slgr up lot Ferltx BiHulg [isifl' e PEtls to save. paper, Save ,alto 8?1d eRt _r , too a ChaOi;P. iU Will '.., Apr lean mess . , ? _ _ Global Home I Snai Ousikwss Center I Service Info I About F dF. I imsstor Relations I Carews I "-w Teens of Use I Plivaty Pdiq I Site Map This ate is protected by copyright and trademark laws under US and International law. All rights reserved. C 1996.2010 F dEx https://www.fedex.com/Tracking?action=track& 11/4/2010 ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleaf.com Kathryn L. Mason, Esquire (PA ID #306779) klm@elliottgreenleaf.com 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, Defendants. Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-5425 : CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE IN COMPLIANCE WITH LOCAL RULE 208.3(a) I hereby certify that Plaintiffs have been unable to locate Defendants in order to obtain concurrence/non-concurrence with this Motion. By: cJrY? Kathryn L. Mason, Esquire Dated: Nkoje mbe r 301 2p 1 O ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleaf.com Kathryn L. Mason, Esquire (PA ID #306779) klm@elliottgreenleafcom 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108 Telephone: (717) 234-3282 Attorneys for Plaintiffs Telecopy: (717) 233-4264 NATIONAL CASUALTY COMPANY, a : IN THE COURT OF COMMON PLEAS OF Wisconsin corporation, and : CUMBERLAND COUNTY, PENNSYLVANIA SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of Pennsylvania, Inc., t/a Ellis & Company of Pennsylvania, Inc. and DAVID L. ELLIS, Defendants. : NO. 10-5425 : CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Allow Alternative Service upon Defendants by Publication in the above-referenced matter was mailed by regular mail, first class, postage prepaid to Defendants' last know addresses as follows: DAVID L. ELLIS AGENCY, INC 217 Ridge Street Lansdale, PA 19446 AND DAVID L. ELLIS 217 Ridge Street Lansdale, PA 19446 By: Kathryn L. Mason, Esquire Dated: Nate M1pe r 3 01 2 o1 O FILED-OFFICE OF THE PROTHONOTARY 2010 DtC -l AM 9: 18 DEC 0 2 2010 CUMBERLAND COUNTY PENNSYLVANIA NATIONAL CASUALTY COMPANY, a : IN THE COURT OF COMMON PLEAS OF Wisconsin corporation, and : CUMBERLAND COUNTY, PENNSYLVANIA SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, Plaintiffs, VS. : NO. 10-5425 : CIVIL-ACTION LAW DAVID L. ELLIS AGENCY, INC., a Pennsylvania corporation, successor in interest to David Ellis & Company of : U.S. DISTRICT COURT Pennsylvania, Inc., t/a Ellis & Company of : Middle District, Pennsylvania Pennsylvania, Inc. and DAVID L. ELLIS, : CIVIL ACTION NO.: Defendants. : 1:04-CV-0476 ORDER AND NOW, this day of 4. , 2010, upon consideration of Plaintiffs' Motion to Allow Alternative Service upon Defendants by Publication, it is hereby ORDERED that Plaintiffs' Motion is GRANTED. Plaintiffs are hereby authorized to effectuate service of the Writ of Revival of Judgment on Defendants by publication in accordance with Pa. R.C.P. 430. ?R/z?Iv J.