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HomeMy WebLinkAbout10-5426 ELLIOTT GREENLEAF & BALABAN By: William R. Balaban, Esquire (PA ID #19667) wrb@elliottgreenleafcom 27 North Front Street P.Q. 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. A M& 19 pt 3--o7 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1950 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 $98,786.03, plus interest from April 18, 2005. Respectfully submitted, ELLIOTT GREENLEAF & BALABAN By: Dated: August 19, 2010 William R. Balaban, Esquire Attorneys for Plaintiffs ao.c? S oo q? oi? 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. Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1950 : 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 $98,786.03, plus interest from April 18, 2005. 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: abnotary U a . OD ?cQ ?'o- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~t~e~t1, o~ ~u+ut+ng~~~~ Jody S Smith Chief Deputy ~ A .,, ;~. Richard W Stewart SOllCItOf €x ~.F F Ff^:E . ~ wFiiKF National Casualty Company vs. David L. Ellis (et al.) Case Number 2010-5426 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 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 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 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: $53.44 September 28, 2010 SO ANSWE,~R/~/S/,y VV ~~ r-~ RON R ANDERSON,.,~~~ RIB ~r ,,, l ,rt r ~ -.. =4.=:.:~ ~ ~ t C~ ~ " ``? ....~ j,.. ~"` ~1. ~ ,~~ _.,i 1"~) "~ C%7 ~? -C {c) CountySuite Sheriff. Teleoc--off. Inr.. '~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~„ir of ~rc,t~b"~./~~~ Sheriff //~~) 2 t -t 6~ ~ M ~'~ V b l J Jody S Smith ! Richard W Stewart Chief Deputy o~~~~=~ ~F'~E ~~~~~FF Solicitor National Casualty Company Case Number vs. David L. Ellis (et al.) 2010-5426 SERVICE COV SHEET `'7~~.i~s., ~F~~ti~!j F} .1~` d~'?~~ r o~11 r ',~C~~B(~a'~';°1~'~l`~" 't: ~,'1!',~-~... :. .. _ _..__.._...~....er ._ ...........,......._.... Category: Civil Action -Writ of Revival ....~ Zone: ~ ~~~~ Manner:Deputize Expires: 09/17/2010 Warrant: ..~ .......~ ._.._...µ.._....... ~........ __.,..~... _...~....._..,....~..__. ~._~..... ............. Notes: ~~~~ i .., h-~ .I-, ~ 1, '. ., .a .} v w _:. .~a._ ~._.,., Name: David L Ellis Served: Personally • dult In Charge • Posted • her -.o. _ . _ . Primary 217 Ridge Street Adult /n ~. •~•~~G Address: Lansdale, PA 19446 Charge: ,. ,„_.,,.m,.-_~,_.._.... Relation: Phone: Alternate ~... a~_.... a~,..~._ .~ Date: y ~ 7f~~ Time: ; d .~"_~~~ Address: ~~ Phone: _ $ Deputy: ~ ~ _......- Mileage: ~~ ~~ Name: William R. Balaban Phone: X717-234-3282 - -_- L~.....~...,.._....~.......~...~..-._...~._ _._. ....~ ~_,,, r~ rye ., y S C~Mtt~ f.. ~4 ~;:i S h i-y w~A1'CA1 4.• 1'=ri' lb ;r kN~Y~1 Yt.'i. ..~ ~y, r r,a _ 't. , i ~ r~1' Date: ~-~-1b -Jd`~° -I -lo Time: j L / C' Z ©j~ Gti 6 ~ lU Mileage: _ --~ L~n cry Deputy: ~.- % Z .. .. . d ~~? ~c, ~ Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereby~f- dWz~ t~evb J~~ ~! ntgomery County ~qe{ to execute service of the documents herewith and make return thereof according o I Return To: ~ ~ Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff SHERIFF'S OFFICE OF CUMBERL'~NL~ COUNTY Ronny R Anderson ~,~atr ~t ~"trr~r~,~~~ Sheriff r D O .~ ~~ j Jody S Smith ~ ~ ~'~ `~ ~ Richard W Stewart Chief Deputy cr~~~=r ~'"-~~~ ~`~~RiF~ Solicitor National Casualty Company Case Number vs. ~ ~ ~ 2010-5426 David L. Ellis (et al.) (J SERVICE COVERS EET •t .~ ~ I _ .- .~ »»,.....,...:.,. r............. Category: ;Civil Action -Writ of Revival ~ Zone: ~~~~ _ _..~ Manner: Deputize a Expires: 09/17/2010 Warrant: ~ ~~~ _ ..~.. ~_........,_~,.,~m......m.e ___..-..-.__....~ Notes: ~J a g6~• 1 ~ ,~~.~ .~., Name: ~DBVId L Ellis Agency, Inc. ~ Served: Personally • Adult In Charge • Posted Other Primary "217 Ridge Street • Adult In I Char a M' Address: 'Lansdale, PA 19446 g ~ ,...-e. ~~•~•~-~-- ._ _.... ._ ~ ~._._..M.. Phone: ± Relation: _ ....._._~.._..~ w.~.....,~, ._,...~..~..___._ ......_._~-..~. ~,...~.~._._~..~...,,.....~.~....,~ ...............~..~..~..w.-..~..,_.~..n._. .....aw... ._~...._M. ,.,..,w..~....a.._..,........_....a.~ _ _ aM... ...w...~...~.. Alternate Date: , ~ ?~.- ~~ Time: dGj ~~ Address: ~-...,.,~ ,-,..: ,M.a `~_.~..~ .._.~.. Phone: ~ f Deputy: ~ Mileage: __. _ _ _ _ _ _.._a ...~. .~.e...w._! i i M Name: William R. Balaban,. Phone: 717 234-3282 ~J+GrvIc~~A'tte~ ", . %vn-W+ ~(i .!ai, 4 , ~"N ~~_~'., .~ ..n ,,._ 1~~ ~,'""~~ I~ ~.'~' 'E <;.. ,. ~..., ,s, .. w... - Date: ~'t'- ~S'/O ~- /Q~10 ~-/ y-/n Time: % /J_ ~` Z 0 S (f l~ ~~ Mileage: ~hd1~ Deput}y~T p~~ ~ ~Z _ , I,VpF~l~l 7~ ~LfCC/~~,~~.` ^ ~,. ~, ~~~~.~,~ ri1:~~C~~. ~~,i~ 1 l/1/(,.,t,~ir'~~~e~ ~~i~'.~i ~. _ _ ~`5~~7J.~~~'__ ,.y. y~ '1,., /~ ~^E'~- ~ ~ C~ ~ ~1'1¢ Sk ~X S~ /e.~ ~'"~''^ t' 3 ~~n ` I/ c, ~'/y ~ (x )- .~r ` ~1.;: j ` _9t~ ~ r °i ~- - -r Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereb putize the ~i>if Montgomery County to execute service of th~~{,o~~ ents~r~ewir t~h and make return thereof accordin~d ~~ J -1 S'~ l~ ~~+ ~~ Return To: ~ _ l Z . GO ~t=:c~e~ - S c !~~ Q Cumberlan County Sheriffs Office One Courthouse Square ~"" Carlisle, PA 17013 onny R Anderson, Sheriff 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 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 OF THE PROTHONOTARY 21110 DEC -1 PM 12:24 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5426 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 April 12, 2005, the Middle District entered a Judgment in the amount of Ninety-Eight Thousand Seven Hundred Eighty-Six and 03/100 ($98,786.03) Dollars against Defendants, David L. Ellis and David L. Ellis Agency, Inc., ("Defendants"). A true and correct copy of the Judgment is attached hereto as Exhibit "A". 3. On April 12, 2005, the 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:.`-? . Dated: ??mber 30, '2c> i p Kathryn L. Mason, Esquire EXHIBIT "A" Case 1:04-cv-00476-CCC Document 39 Filed 04/1212005 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NATIONAL CASUALTY COMPANY, a Wisconsin corporation, and SCOTTSDALE INSURANCE COMPANY, an Ohio corporation, CIVIL ACTION NO.: 1:04-CV-0476 Plaintiffs 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 I. ELLIS, a Pennsylvania resident, Defendants (JUDGE CONNER) • +iiieci fro fho $cord Data L' OS_ ' ? , D Andrea, Clerk !?yyyv wuty Cie JUDGMENT AND NOW, this -6-hday of April 2005, 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 598,786.03, together with interest accruing thereon from March 23, 2005. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA By; A)L--1) Mary E. D' ndrea Clerk of Court EXHIBIT 44 B15 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 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. 10-5426 : CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 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 have been 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: n cnlo? (- x-2-0 t o SWORN TO AND SUBSCRIBED BEFORE ME THIS 30\P-DAY OF NOVEMBER, 010. NOTARY P 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 Not=e:; EXHIBIT "I" 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. Attorneys for Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1950 : 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 $98,786.03, plus interest from April 18, 2005. 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: 13 a?w onotary ?o-- .MW Copy F"M fMcORD M TistNao?!? vM? ? ? P ? M+0 dsMd at Tli1?M?d ? COMMON VO' EXHIBIT "II" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smtth Chief Deputy Richard W Stewart Solicitor National Casualty Company vs. David L. Ellis (et al.) ro??`ty of ?:uu?brr?,?fi4 { r,fi rjK NE £HERtFF Case Number 2010-5426 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 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 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 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: $53.44 September 28, 2010 SO ANSWERS,, RON R ANDERSON, SHERIFF (o) CamtgSlAte Shent Teleosok Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson q??tr at CB4+6cr4 Sheriff Jody S Smith -- j Richard W Stewart Chief Deputy -3+C6 OF xH")*£RtFF- Solicitor National Casualty Company Case Number VS. David L. Ellis (et al.) 2010-5426 SERVICE COVER SHEET Yi} S. St }. .U' r? f tfr. i:': ? . ti'? ?? } y 6. c:,h ?`+'?;y.li ?• 9 rt .,~.a ..fN. Category. Civil Action - Writ of Revival Manner: Deputize Notes: I Name: IDavid L. Ellis Primary 217 Ridge Street Address: Lansdale, PA 19446 Phone: Expires: Zone: 09/17/2010 1 Warrant j -I I's ..... ...... .... ..... Now, August 25, 2010 1, Sheriff of Cumberland County, Pennsylvania do herebypz? te,ge?ilff?Mdontgamery County to execute service of the documents herewith and make return thereof according o I L JJd 1 C. 1 Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff ;ci f..rnnt}f+evk9 St?.,ft. 'raieowft, iax SHERIFF'S OFFICE OF CUMBERLANE COUNTY Ronny R Anderson Oaf of c>"1144 ? Sheriff ?c) ( 3,31 Jody S Smith - Richard W Stewart Chief Deputy - zt? saiEC .. Solicitor National Casualty Company VS ?. Case Number David L. Ellis (et al.) ? V 2010-5426 SERVICE COVER SHEET Category: l Civil Action - Writ of Revival Manner. Deputize ____ Notes: r--° - -- Expires: # 09/17/2010 Zone: Warrant: Name. David L. Ellis Agency, Inc. Primary 217 Ridge Street' Address: Lansdale, PA 19446 Phone: j Alternate Address: Phone: a ga?- Date: ( (--1b Time: agar-> Deputy: tF.- Mileage: Tr ? z te r o.Le ,??t?,? jha SSA= ?z u ?? ? rv ?•. . .. . ...... . ......... ..... .......... ............................. .. Y :: .?eS Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do herebputize fh'ipf Montgomery County to execute service of thMai uments herewith and make return thereof accordinVAb 1 {r, Jo, „?, ` / S r ri; ?'-; rh?e- ?? ??? Ol Return To: ' t 6-oc) S ??t.s? [? CumberlanJ County Sheriffs Office One Courthouse Square Carlisle, PA 97013 onny R Anderson, Sheriff trJ CcuiivSuE= Shtrrtf. 7? "?sc. inc. EXHIBIT "III" Detailed Results Printer-F erMN QelLink Help Enter backing number Detailed Resulfs No8taliors Tracking no.: 793917188486 Select time format: =t 124tl E mat at&atw a In transit '. I,?itieteA °?ck ed up In Mro8 Delrvzlzd Delivery exception FORT WASHINGTON, PA Shipman Dates Destination '. Ship date J Sep 15, 2010 LANSDALE, PA Shipment Options tlf12 '.. Hold n Fl, y,?Qyatlo n '.. Not avaNbls to reeelw your shipment? FedEx will hold your shipment at a nearby FedEx location at no extra cost. Some shipments . may not be eligible for this service. Read more. Shipment Facts Service type Standard Envelope - Direct Signature Reference 7034-001 - Ellis Required f '.. Weight 0.5 lbsr.2 kg Shipment Travel History Kill Select time zone: Local Scan Time '.. All shipment travel activity is displayed in local time for the location '.. fie Activity Sp 23, 20101:03 PM Paeknpa retunned to shipper FORT WASHINGTON PA ; Package returned to ahipper:408118821128 is Sap 23, 20107:35 AM At foal Fed Ex facility iFORT WASHINGTON PA ',. Sep 22. 2010 7:48 PM At local FedEf facility FORT WASHINGTON, PA Sep 21, 201010:51 AM At 1=1 FedEx facility ''.FORT WASHINGTON, PA Sap 20.2010 728 PM At Ixal FedFx facility FORT WASHINGTON, PA '.. Sep 20, 2010 6:00 PM ',. At 1=1 Fed Ex fadtty FORT WASHINGTON, PA Sep 20, 2010 1:28 PM Delivery exception FORT WASHINGTON, PA Customer not available a '., itoiness cooW - Signature 'Sap 20. 2010735 AM On Fed& vehicle for delivary FORT WASHINGTON, PA '. , Sep 18, 2010 2:17 PM At 1-1 Fed Ex facility FORT WASHINGTON, PA Sep 17, 2010 4:18 PM At 1=1 FedEk fadtty FORT WASHINGTON, PA Sep 17, 20101:40 PM Delivery exception FORT WASHINGTON, PA Customer not available or ibusiness dosed - Signature Sep 17, 20108:57 AM on FedEx vehicle for dolKory FORT WASHINGTON, PA Sp 16, 2010 5:16 PM At local FedEx facility :FORT WASHINGTON, PA ''. Sp 16, 20101:54 PM ;Delivery exception . FORT WASHINGTON, PA CUelomernotavatablea business dosed - Signature ',. business closed - Signature '.. Sp 16,20108:58 AM On FedEx vehicle for delnery FORT WASHINGTON, PA '.. Sp 16, 2010 8:04 AM At 1=1 Fed Ex facility FORT WASHINGTON, PA ',.. '.,. Sp i e, 20104:30 AM Departed Fed Ex location 'NEWARK NJ Sp 16, 20101:05 AM Deputed Fed Ex location 'NEWARK NJ Sp 16, 201012.50 AM ',.Amsvad at FedEx location :NEWARK NJ Sp 15, 2010 9:35 PM Let FedEx origin facility '..MIDDLETOVMN, PA '.. Sp 15, 20108:08 PM Picked up ',.MIDDLETOWN, PA Sp 15, 2010 3:54 PM Shipment Information sent to FedEx S,qr up for Fads Billing 11 1 I'IINa h -' to save gaper, save x rte a9L{ ente^ t ftrr a C113nGe ill tiNd l Lear. rnorx r a - -^ Global l-1-13ma11 Business Canter 15-te. Info l About FedEx l investor Relations I Careers I fedex.cam Tenns of Usti I Pdvzy Pdiry I Sse Mp This ego is protected by copyright and tradem ark laws under US and International law. All rants reserved. O 1995- 2010 FedEx 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 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. 10-5426 : 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: `?.M_IIQLr Kathryn L. Mason, Esquire Dated: 1,oveMber- 3'p , 10 ?p 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 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. 10-5426 : 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: nl vjpmlocr. 30, 'Colo 3.. FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -7 AM 9. 18 CUMBERLAND COUNTY DEC D? 2 2010 acF?LL?? NATIONAL CASUALTY COMPANY, a 1? 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. 10-5426 CIVIL-ACTION LAW : U.S. DISTRICT COURT : Middle District, Pennsylvania : CIVIL ACTION NO.: : 1:04-CV-0476 ORDER AND NOW, this e day of 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. BY THE J. A K . n?o,J l ?7?lc? - L?