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Home My WebLink About05-5696 PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.Do# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG Eo WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 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, Cumberland County Bar Association 32 So Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NOo ~ -.5'1:,90 Cl""u~[ ~~ CIVIL ACTION 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 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA, SEA AVISADO QUE SI USTED NO SE DEFIENDE. LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION 0 POR CUALQIER QUEJA 0 ALlVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA USTED PUEDE PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFlcrNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 So Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PAUL Fo D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG Eo WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VSo CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. OS- -5109b C;u'IL~~ CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.SoCo S1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PAoCONoSTAT.ANNo S201, ET. SEQo ("THE ACTS") INASMUCH 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. COMPLAINT The Plaintiff, Erie Insurance Group by its attorney Paul F. O'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Erie Insurance Group is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 4901 Louise Drive, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Craig E. Warehime, ("Insured") under a policy of insurance # Q111903699H, issued by Plaintiff. 1 2. The Defendant, Clark Cash, is an individual residing at 31 Brian Street, Moncure, NC, 27559. 3. The Defendant, Edward Case, is an individual residing at 1522 Penn Street, Harrisburg, PA 17102. 4. At all times hereinafter mentioned the Defendant, Clark Cash was the agent, workman, servant and employee of the Defendant, Edward Case then and there in engaged in the business of the Defendant, Edward Case within the course and scope of his employment. 5. On or about January 17, 2004 the Plaintiff's Insured was traveling westbound on W. Trindle Road, approaching Mulberry Drive, Mechanicsburg, PA when a motor vehicle owned by the Defendant, Edward Case and operated by the Defendant, Clark Cash pulled out in front of the Insured's vehicle causing them to collided, causing damages to the Insured's vehicle hereinafter mentioned. 6. The Insured's vehicle was a total loss and Defendant is liable to Plaintiff for the damages as allowed by law thereto being is Two Thousand Four Hundred Fifty Three and 53/100 ($2,453053) Dollars plus the Insured's deductible of Two Hundred Fifty and 00/100 ($250000) Dollars plus cost of replacement vehicle being Three Hundred Eighteen 88/100 ($318.88) for a total of Three Thousand Twenty Two and 41/100 ($3,022041) Dollars. A true and correct copy of the estimates are attached hereto, made part hereof and marked Exhibit "A." Count I Erie Insurance Group Vo Clark Cash 7. Plaintiff, Erie Insurance Group, incorporates by reference all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 2 8. The said occurrence was due solely to the negligence of the Defendant, Clark Cash in that he: a. did fail to have the motor vehicle under proper and adequate control; b. did operate the motor vehicle at an excessive rate of speed; c. did fail to apply the brakes in time to avoid the collision; d. did negligently apply the brakes; e. did fail to operate the vehicle in accordance with existing conditions; f. did fail to drive at a speed and in the manner that would allow 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 regard for the rights, safety and position of the Insured at the point of aforesaid; i. did operate the vehicle without insurance; j. did fail to maintain financial responsibility as required by the Laws of the Commonwealth of Pennsylvania; k. did operate the vehicle without a valid driver's license; I. did operate the vehicle with a stolen dealer registration plate; and m. did violate the various statutes and laws of the County of Cumberland and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. Count II Erie Insurance Group Vo Edward Case 9. Plaintiff, Erie Insurance Group, incorporates by reference all of 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 do to the negligence of the Defendant, Edward Case, in that he: 3 a. negligently entrust 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 entrust 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 entrust 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; and d. negligently entrust his motor vehicle to another person who he knew, should have known or in the exercise of due care would have known would cause damages to another; and e. failing to maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. P"&L'RE ATTORNEY FOR PLAINTIFF 4 .to/t&/Z005 P1U 11: 18 PAX 610 338 0303 PAUL P 0' I!:KILIO 121007/015 VERIfiCATION I, LoueUe Sanders, Clelm Representative for Erie Insurance Group, PLAINTIFF in the above captioned mattEll' verlfles that the facts contained In the foI9golng Complaint are \rue and correct. I understand that false statements herein are made subject lD the penaltles of 18 Pa, C.S. Section 4904 relating to unsworn falslflcatlon to aulhoritieso DATE: /0 ~;;lS -05' ~-~ Louella Sanders 5 CCC VALUESCOPE Claim Services Report Reference Number: 31954899 Claim reference: 010170729507001 Loss Incident Date: 01/17/2004 Insured: Warehime Appr. license: 152145 Policy Number: Q111903599 Introduction Req: SANDERS , L Erie Insurance Group Market Report Adjuster: Steiner Adjuster ID: A35N Valuation Date: 01/22/2004 Owner: Craig Warehime 115 Wyncote CT Mechanicsburg, PA 17055 Appraiser: STEINER Erie Insurance Group has conducted an appraisal of your 1991 GMC T15 4X4 Jimmy 2 door Sports Utility located in Mechanicsburg, PAo The appraisal information was then used to conduct research in your local market to determine the local market value of your caro This CCC ValueScope Market Report detailS the results of that research. It contains the following sections: Section Title: Z:::===I:=:=========== Section Contents: E===X===~==X===E= vehicle Valuation Summary Market valuation ~ith components VINguard vehicle Identification Vehicle configuration information vINguard VIN Vehicle History Vehicle history research Local Market Definition Local market basis valuation Methodology Method used to evaluate the vehicle vehicle condition Vehicle's pre-accident condition Local Market Comparable vehicles Comparable vehicles located in market NHTSA Vehicle Recall NHTSA recall notices Appraisal and Valuation Notes Log notes for this file Valuation request: 31954899 (continued) 1991 GMC TI54X4.JIMMY =::a::=======-:c:==================== Vehicle valuation Surnrnary =======:===:======;;;;;;;;;--::::======= DESCRIPTION OPTION PENNSYLVANIA LOCAL MARKET STATE VALUE VALUE $ 2,041.00 $ 2,190.00 + 0.00 + 0000 + 286.00 + 286.00 Base value ** SLS Odometer 92,769 Vehicle equipment: PREDOM AT - Automatic Transmission STD OD - Overdrive 4W - 4 Wheel Drive 1'S - Power Steering PB - Power Brakes PW - Power Windows PL - Power Locks AC - Air Conditioning RD - Rear Defogger TW - Tilt Wheel CC - Cruise Control CS - Cloth Seats RL - Reclining/Lounge Seats BS - Bucket Seats DM - Dual Mirrors AM - AM Radio FM - PM Radio ST - Stereo STD STD PREDOM STD STD STD STD INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED + 15000 + 15.00 + 15.00 + 15000 INCLUDED INCLUDED + 15.00 + ~5.00 + 15.00 + 15000 + 15.00 + 15.00 INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED INCLUDED Pre-tax amount Sales tax 6.00% Deductable + 15.00 + 15.00 INCLUDED INCLUDED + 7.00 + 7.00 INCLUDED INCLUDED + 30.00 + 30.00 INCLUDED INCLUDED + 22.00 + 22.00 INCLUDED INCLUDED INCLUDED INCLUDED $ 2,476.00 $ 2,625.00 $ 2,550.50 + 0.00 $ 2,550.50 $ 2,550.50 + 153.03 250.00 $ 2,453.53 CA - Cassette STD SE - Search/Seek RR - Lugg3ge/Roof Rack 2T - Two Tone P3int DT - Priv3cy Glass STD A2 - Anti-Lock Brakes (2) AW - Aluminum/Alloy Wheels IW - Intermittent Wipers WP - Rear Window Wiper ACV prior to averaging CCC Valuation Amount Condition adjustment amount Actual Cash Value Computerized value The CCc Valuation amount is the average of the local market value and FA state value of the loss vehicle. This amount includes mileage, Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY ==c#C===_==========_ Vehicle Valuation Summary (continued) =~=========~=~====== packages, and all options. As such, proper adjustments have been made for all options which are present on the loss vehicle. The method used to gather fair market values on current year vehicles involves finding new vehicles for sale at the time of valuation, and making necessary adjustments based on the new car prices. Automated sales tax calculation based on applicable state, county and municipal tax rates. Appraiser'S signature: ~c=~~~~~~=c============ VINguard Vehicle Identification ======================= VIN: IGKCT18Z7N0505296 Insurer Description VINguard Analysis --------------------------------- --------------------------------- Year Make Model 1991 GMC T15 4X4 Jimmy KT18 2d Utv 6-4.31-Fi Automatic Transmission Overdrive 4 Wheel Drive Restraints Manual Belt Odometer 92769 Note: 35% less than typical vehicle This vehicle was assembled in PONTIAC, NI .====~~~=_==~:c===~====== VINguard VIN Vehicle History ====================~=== 1991 GMC TI5 4X4 Jimmy KTI8 2d Utv 6-4.31-Fi Body style Engine Trans VINguard has decoded this VIN without any errors. ******************************************************************************* * WARNING - VINguard has detected prior event(s) in this vehicle's history. * * Please review the information detailed below. * ******************************************************************************* ISO Vehicle History: Number of times reported to ISO: 1 Activity reported: Collision Estimate Insurance company: Erie Insurance Company Claim number: 010170712762002 Point of impact: Front Center ISO notified: 11/22/2003 Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY ===c============= VINguard VIN Vehicle History (continued) ======a============= Collision History Information: Collision incident reported by Erie Insurance Group on 11/22/2003 Claim # 010170712762002 in Dillsburg, PA Repair estimate: $1,536 Miles: 91,500 Damage Location: Front ISO's file number: Phone: Coverage: Mileage: H0091185639 10/24/2003 Unavailable Liability 0091500 ======a==c====~=========~== Local Market Definition ==c#=============_========= The local market value for your 1991 GMC T15 4X4 Jimmy 2 Door Sport Utility Vehicle was defined by ZIP code 17055 -- Mechanicsburg, PA. Adjacent markets were also searched as secondary sources to locate comparable vehicles. Details of the specific markets searched follow. The State of Pennsylvania is composed of 8 distinct local markets. The following 1 local market was used in the preparation of this CCC Valuescope Market Report. Harrisburg, PA - Primary local market vehicle database. In this market, CCC maintains a database of 2,136 inspected dealer vehicles located at 18 dealerships, and 31,103 dealer advertised, and 10,801 privately advertised vehicles taken from 31 local papers or magazines. This local database also includes 3,230 vehicle valuations researched in the last 90 days. CCC searched all local vehicle databases in Pennsylvania to establish the statewide market value. The consolidated Pennsylvania database includes 31,022 inspected dealer vehicles located at 232 dealerships and 122,121 dealer advertised and 50,341 privately advertised vehicles taken from 198 local papers or magazines. The statewide database also includes 19,981 valuations recently completed in the state. From this 1 local market, comparable vehicles were selected based on the year, make, model, body style, and engine configuration of your vehicle. Adjustments were made to the value of each comparable vehicle to compensate for differences in year, model, body style, engine configuration, packages, options, and mileage. For your vehicle's CCC Valuescope Market Report, CCC identified 9 advertised vehicles as most comparable to your vehicle, and used their values to determine the Local Market Value. Vehicles are determined to be comparable to the loss vehicle based on: * Nearness to the loss vehicle's primary garage location * Similarity of model, equipment, and odometer * Precision of the data (inspected versus advertised) Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY =======a=_==c========c==a== Valuation Methodology =~====z=========~========== This CCC Values cope Market Report was prepared for Erie Insurance Group by CCC Information Services Inc. CCC has been preparing market value reports for the insurance industry since 1981. CCC physically inspects vehicles for sale at vehicle dealerships in the local markets, and subscribes to local newspapers and automotive publications in these markets. CCC maintains vehicle databases containing these inspected dealership vehicles along with the dealer and private party advertised vehicle information. When Erie Insurance Group requests a CCC Valuescope Market Report from CCC, they provide ccc the VIN (Vehicle Identification Number) of the loss vehicle. Decoding this VIN identifies the exact vehicle for which the local market value will be done. See the VINguard Vehicle Identification section. Erie Insurance Group also prOVides CCC the vehicle owner's Zip code. This identifies the local market that will be used to determine the market value. See the Local Market Definition section. Finally, Erie Insurance Group provides CCC with the configuration of the loss vehicle including equipment, odometer, condition, maintenance, etc. This information is the starting point for determining the local market value. Using this information, CCC searches its databases to find comparable vehicles in the local market. Each vehicle is compared to the loss vehicle, and adjustments are made for differences in modeL equipment, and odometer. Those vehicles that are deemed most comparable to the loss vehicle are used to determine the local market value. See the Local Market Definition section. After the Adjusted Value for each comparable vehicle is calculated (see the Local Market Comparable Vehicles section), CCC calculates the Local Market Value. This calculation is a weighted average. Using a weighted average allows those vehicles most similar to the loss vehicle to contribute a greater percentage to the Local Market Value than less similar vehicles. Factors that determine similarity are: * Nearness to the loss vehicle's primary garage location * Equivalency of model, equipment, and odometer * precision of the data (inspected versUS advertised) Using a weighted average results in more accurate local market value as the vehicles most similar and closest to the loss vehicle contribute more to the market value than less similar, more distant vehicles. pennsylvania Market valuations are based on the average of the local market value and the statewide market value. The methodology used to establish your market value is described below. The statewide market value is based on all pennsylvania valuations for a comparably equipped 1991 GMC T15 4X4 Jimmy. Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY =========_==_=========~===c==_ Vehicle Condition =======~c==_==============_==~ Erie Insurance Group uses Condition Inspection Guidelines to determine the condition of key components of the loss vehicle. These guidelines are specific to geographic location, year, and vehicle type. The guidelines describe physical characteristics for each of the vehicle components. Based on these guidelines, Erie Insurance Group determined the condition of the vehicle prior to the loss. Category Condition Adjustments MECHANICAL Engine Average private $0 Appraiser comment: MEETS CRITERIA Transmission Average private $0 Appraiser PAINT Appraiser comment: MEETS CRITERIA Average private comment: MEETS CRITERIA $0 TIRES Front Tires Average private $0 Appraiser comment: MEETS CRITERIA Rear Tires Average private $0 Appraiser comment: MEETS CRITERIA BODY/GLASS Average private $0 Appraiser comment: MEETS CRITERIA INTERIOR Average private $0 Appraiser comment: MEETS CRITERIA ====~== Total Adjustments: $0 Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY Category Condition Adjustments * The Condition Inspection Guidelines provide information based on vehicle age, vehicle type, and geographic location. Your vehicle has been identified as being located in the Pennsylvania region as an older truck. * The Condition Inspection Guidelines, and all dollar adjustments, are determined by surveys, inspections, and interviews with dealerships across the United States. --------.---------------------------------------------------------------------- =====ccz============== Local Market ~========-==========~=c=_=_== Local Source/Location/Year Model Comparable Vehicles ==~========_=========== Advertisements =======~===_======.=======_= Phone/ Compared Odometer Date Price To Loss --------------------------------------- -------------- Auto Locator (717) 652-1925 $ 2,995 Paxtonia, PA. 12 Miles From Mechanicsburg 1991 TI0 4X4 Blazer 100,000 01/16/2004 Auto Locator (717) 468-5793 $ 1,995 Lancaster, PA. 38 Miles From Mechanicsburg 1991 TI0 4X4 Blazer 105,000 12/12/2003 Cars By Dealers (717) 764-0780 $ 3,500 York, PA. 19 Miles From Mechanicsburg 1991 T10 4X4 Blazer 99,000 11/14/2003 $ 2,509 $ 1,698 $ 2,979 Berwick Press Enterprise (570) 784-8669 $ 3,500 $ 3,476 Bloomsburg, PA. 63 Miles From Mechanicsburg 1991 TI0 4X4 Blazer 144,000 11/23/2003 York Sunday News (717) 334-4704 $ 2,500 $ 3,121 Gettysburg, PA. 28 Miles From Mechanicsburg 1991 T10 4X4 Blazer unlisted 12/28/2003 Evening Sun (717) 337-1486 $ 2,500 $ 3,121 Gettysburg, PA. 28 Miles From Mechanicsburg 1991 T10 4X4 Blazer unlisted 12/27/2003 Auto Locator (570) 758-7138 $ 2,895 $ 3,247 Mandata, PA. 35 Miles From Mechanicsburg 1991 T10 4X4 Blazer unlisted 01/09/2004 Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMNY ====-====~~-=-=======~= Local Advertisements (continued) ====s=====~=========c= Phone/ Compared Source/Location/Year Model Odometer Date Price to Loss --------------------------------------- -------------- Cars By Dealers Red Lion, PA. 28 Miles 1991 TI0 4X4 Blazer Harrisburg Patriot News CarliSle, PA. 11 Miles 1991 T10 4X4 Blazer (717) 246-9520 $ From Mechanicsburg unlisted 01/09/2004 (717) 249-3308 $ From Mechanicsburg unlisted 11/23/2003 2,295 $ 2,044 1,900 $ 2,022 ==a==================z====== NHTSA Recall Notices ======================~====== The National Highway Traffic Safety Administration has issued .\ 4 safety related recall notices that may apply to the above valued vehicl~. . For additional information or assistance, call CCC customer service at 1-800-621-8070 and follow the automated operator's instructions. Please use your valuation request number for reference. NHTSA ID: 99V193000 Issued: 07/01/1999 No. of vehicles: 1,125,749 Vehicle Description: Certain 4-wheel drive pickup trucks and sport utility vehicles equipped with ABS (anti lock braking system) manufactured from September 1989 through August 1996. Under certain driving conditions the switch which signals the ASS system whether the vehicle is in 2-wheel or 4-wheel drive can malfunction causing increased stopping distances during ASS stops while in the two-wheeX drive mode. . If this occurred at a time when minimum stopping distance was required, a vehicle crash could occur without prior warning. Dealers will replace or repair the 4-wheel/2-wheel drive switch. The first phase of owner notification letters began May 31, 2000, with the last mailing completed by October 2000. Owners can contact Chevrolet at 1-800-222-1020 or GMC at 1-800-462-8782. Also contact the National Highway Traffic Safety Administration's Auto Safety Hotline at 1-888-DASH-2-DOT (1-888-327-4236). NHTSA ID: 96V142000 Issued: 06/24/1996 No. of vehicles: 97,351 These vehicles exhibit a condition in which a rear seat belt buckle release button can stick in the unlatched (down) position under certain conditions because the buckle assembly can move inside the seat belt cover. If the cover moves far enough, it can create an interference condition with the latch release button. When it does, the seat belt buckle cannot be latched. The rear belts may not hold an occupant in the event of a vehicle accident increasing the risk of pesonal injury. Dealers will replace the three rear-seat belt buckles (one assembly) with a new, revised design. System: Interior; seat belts; rear. Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY c==~=~.=========~===== NHTSA Recall Notices (Continued) ======cc========m====== Vehicle Description: Multi-purpose passenger vehicles. Owner notification: Owner notification is expected to begin in August 1996. Note: Owners who take their vehicles to an authorized dealer on an agreed upon service date and do not receive the free remedy within a reasonable time should contact Chevrolet at 1-800-222-1020, GMC at 1-800-462-8782, or Oldsmobile at 1-800-442-6537. NHTSA ID: 91V108000 Issued: 06/17/1991 No. of vehicles: 102,885 Vehicles have been shipped with the fuel tank sender seal out of position. In the event of rollover accident, an out of postionseal could allow fuel spillage in excess of the amount prescribed by fmvss 301.Spilled fuel could ignite near an ignition source. Replace sender seals. System: Fuel systems; fmvss 301. Vehicle Description: Light trucks and multi-purpose vehicles. NHTSA ID: 90V193000 Issued: 11/07/1990 No. of vehicles: 237 Nuts used to attach lower control arms, rear spring and shackle, and rear shock absorbers do not meet specifications and could "strip". Stripping of the nuts in the rear suspension could reduceclamp load on lower control arm, which could allow the arm to detach, resultingin loss of vehicle control and an accident. Replace lower control arm attachment nuts as well as rear spring and shackle, and rear shock absorber nuts. System: Lower control arm attaching nuts. Vehicle Description: Light duty trucks ==-===================== Appraisal and Valuation Notes =====================2== The loss vehicle has been valued as an older vehicle in the Pennsylvania region with 35% less than average miles of 142,000. The fallowing options are not included in valuation: Clearcoat Paint Included in our backup are similar models to the loss vehicle. Proper adjustments were made for this valuation. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - The following information was provided after the valuation was compIeted: 01/22 15:06 Post valuation adjustment entered for: - SLS package added - - - - - - - - - - - - - - - - - - - - - - Valuation request: 31954899 (continued) 1991 GMC T15 4X4 JIMMY Notice: This valuation has been prepared in accordance with the Pennsylvania Appraisal Act 31 PA Code Chapter 62. Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete, or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine of up to $15,000. (C) Copyright 2004 CCC Information Services Inc. All rights reserved. The trade namee and/or trademarks used herein are owned by their respective trademark owners. TER !~~~~~ WtAY~lMft.-t- '~8:~ ~:~~ 2)~~:~~ roo . I . ~ L..E 8:~ 6.0Cf> 1H B.OCA- 6 0Cf> 24 I-O.R 3401 ~ mI'-E 717~ FR B.OOA-- 6:0Cf> SA 910CA-12 'X~ DAY O'f'f' HIlJ.. FA l?Ol1-7eOO 5713 SJ n I"R'n a:532 Ft1 1 /&I:)~ IUP' ClHAAQQ If 0IP'PEI"lEHT ::-t''< ' ~J,!': mfI!"n..D I'I't.. ,.... ET~ I . J6.oJEt\" IIU- - .. OUT -- o OOUJA UC9IOE NO. ""'"'- <cAN ..... - .. OUT - :~: .- -.~ 0...... F "'" f .. I!,. 1M all tIZ 14;W ,., IE W 11.. .'11 M131'4 7"F I N IIOTOf/IST COVI:IIAGE UNDER THIS IlENTAL Oft LEA8I! _E. IIENT AND ANY POLICY OF INSUlI.\NCE OR SELF....SUIl- ANCI! IssueD UNDER THIS AGIlEiEllENT, FOIl MYSElF AND ALL OTHER PASSENGI!R8 OF THIS YEIlIClE. U_lIUIlED COlI- ,ERAOI! PROTECTS ME AND OTItER PASSENGERS IN TlfIS VEHICU! FOR l08SEll AND DAM- AGES SUFFElIED IF INJURY IS CAUSED BY THE NEOLIGEHCE OF A PERSON WHO DOES NOT HAVE ANY INSUIlANCE 10 PAY FOIl I.OSSE8 AND DAMAGES ...... o 164651 ~-'--'-"""r- #f ,~I V 'RHI/'E* m:\IG:!': ~ WVN:Q1E. 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TO EXT. TO EXT. ...", ... ...", "'" """"- "'" ""'" "'" 1/20 01 a:3O.00 VISA AJTH TO ADDltlOlW.-..oott t!iP//11 ~ 7"< 75"Of gr,OR "OlD. a.lSlPAY LOSS ""'" F""'" .... _I -- -- P,' ~~'/i{'>:- lJ'-'~ -,.; "'I' pr:-I T'; . ...1.. ,~:)l~~ . :,:JK': ':;;':t.:.~", ..~r.... . ..,} .....CAR * CN FILE FEE It "'._ . Rental A-TId<el Jaclo>l AUDITOR'S copy See Tenns and Condl/lClnS on ReveI88 ~_~~ ' "",_.._m_ n r--> ~ -:.::;) C <.-::') -A .:-" :;:\:!J rt \.) ..' - -'~._~ 19 lrt c') r'I'F:: 1L ..,,"- :s;\3 f U"'t I N <:) . .. .",~2 f.": -r''' to -ry ". ,. ~,"\ :x (.-!('~ ~ C> '_','_ \"'1"\ - t3 ~ co.' ~ ~ r.,) ~b c> :...: ..c. ~ --c. E ---J:- ---~ PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. P UL . D'EMILlO, ESQUIRE ATTORNEY FOR PLAINTIFF r'-,.) :> ~:~;~ " --] , 1T1 :".) LCJ :",,) en ~:) SHERIFF'S RETURN - OUT OF COUNTY CA~E NO: 2005-05696 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS CASH CLARK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CASE EDWARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th, 2005 , this office wail in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage 18.00 9.00 10.00 45.00 .37 82.37 11/30/2005 PAUL DEMULIO So answe:t;:S)/'"'-/.. /.., .,~p~!Z:~;::>/" R. Thomas Klin' Sheriff of Cumbe and County :::;";.7 Sworn and subscribed to before me thi s in ~ day of ;Jlu.F~ dVO~ C;,:~ (~~i In" The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Group et al VS. Clark Cash et al SERVE: Edward Case No. 05-5696 civil Now, November 7. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~ /~. ~~..r-~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day of $ @ffite of tltc ~4criff William T. Tully Solicitor Charles E. Sheaffer Chicf Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania ]7]0] ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ERIE INSURANCE GROUP AS SUBROGEE OF vs County of Dauphin CASE EDWARD Sheriff's Return NO. 1895-T - -2005 OTHER COUNTY NO. 05-5696 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 CASE EDWARD the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, November 18, 2005 PER PHONE CALL FROM MARYELLEN SMITH OF 1525 PENN ST, HBG, PA. 17102 STATED THAT SHE HAS LIVED THERE FOR THE PAST 8 YEARS. Sworn and subscribed to So Answers, Jf~ before me this 22ND day of NOVEMBER, 2005 Sheriff of Dauphin County, Pa. ~~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs: $45.00 PD 11/09/2005 RCPT NO 212178 PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF ClIMBERLAND COUNTY NO. 05-5696 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captionEid matter. ~.MILIO. ESQUIRE ATTORNEY FOR PLAINTIFF - ;-~~ -\ ~f:::n I~ 11~'~ (....? c:) C SHERIFF'S RETURN ~ OUT OF COUNTY CASE NO: 2005~05696 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS CASH CLARK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CASH CLARK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 31st , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 35.25 .78 73.03 01/31/2006 PAUL DEMILIO So a~~~/../ ~~C<~ ~/~~. ~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1:':: day of J~,y "'~c{';~ '~y @ffh:e of tqe ~4eriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy MichaelW.Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ERIE INSURANCE GROUP AS SUBROGEE OF vs County of Dauphin CASH CLARK Sheriff's Return No. 0092-T - -2006 OTHER COUNTY NO. 05-5696 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 CASH CLARK the DEFENDANT named in the within REINSTATED COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, January 23, 2006 PER CATHERINE JUDY AT 801 SHIPPEN ST, MIDDLETOWN STATED THAT THE DEF, CLARK CASH NO LONGER LIVES AT THE ADDRESS. NEW ADDRESS: 5715 WRIGHTSVILLE AVE, WILMINGTON, NC 28403. Sworn and subscribed to So Answers, ?f~ before me this 25TH day of JANUARY, 2006 ~~ Sheriff of Dauphin County, Pa. By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs: $35.25 PD 01/20/2006 RCPT NO 213947 PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. L F. D' L10, ESQUIRE ATTORNEY FOR PLAINTIFF ..; .....~.,! i""'J C~::. c:-:-;o r;:;:, () "':h -, ~:r~ til -" 1'-,", t;::} (..0 Cape Fear Investigative Services, Inc. PRIVATE INVESTIGATIONS #3225 RETURN OF SERVICE FILENO: D-~ - Slo9L C~lL I ::J4.mes V. Gr J chr;s-r-- C/O Cape Fear Investigative Services, Inc., CERTIFY THAT THIS SUBPOENA WAS RECEIVED ON..7-.;;r-?-OC AND SERVED AS FOLLOWS: (DATE) ~AID (SUBPOENA Duces Tecum), (SUMMONS), (O~ER TO SHO~W CAUSE), ,/'Mfrqf:'c.i9~ to'~~,~shk 'f-t,,- (!_";"'/k.~t-1 C~ f/eAv";::i1I<<(J. ;"1. ON THE 02-:17-0' AND WAS SERVED ON C,lo.rtc V~J (DATE) , I , / ERSON E NCJ SERVED!., AT '/ r r,' r.;V"I.II~ . {/"""(""j"~ }JIC. . (LOCA nON SER D AT) . .. IN THE FOLLOWING MANNER: ~ By personally delivering a copy of this subpoena to the first person named tJ;;ve. _ By leaving a copy with ON I ATTEMPTED TO SERVE SAID AND WAS UNABLE TO FOR THE FOLLOWING REASON: I CERTIFY THAT I AM OVER THE AGE OF 21 AND PARTY IN THIS ACTION. A SIGNATURE OF SERVER: STATE OF NORTH C County of New Hanover SWORN TO AND SUBSCRIBED BEFORE ME THIS /1+ DAY OF rt i{J:tt-! 006. '~ 1" ./~~~R_r1?oc NOTARY PUBLIC: -'. i .1\ ILc. · [, t C f (~ .' T ~ MY COMMISSION E&PlRES:' /. { 7 [:}( ( CI -f -?O \ AIi'.l. , ~. ,_..,,, ~' . f" - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME, Plaintiff NO. 05-5696 CIVIL TERM vs. CLARK CASH and EDW ARD CASE, CIVIL ACTION Defendants ANSWER OF DEFENDANT EDWARD CASE TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Denied. Defendant, Edward Case ("Case"), is unaware ofthe address of Clark Cash. 3. Denied. Defendant Case does not reside at 1522 Penn Street, Harrisburg, Pennsylvania, 17102, and has never resided at such an address. 4. Denied. Defendant Clark Cash was not an agent, workman, servant and employee of Defendant Case. 5. Denied. Defendant Case was never the legal owner of a motor vehicle operated by Defendant Clark Cash that was involved in an accident on West Trindle Road, Mechanicsburg, Pennsylvania. 6. Denied. The averment does not identify which Defendant is liable to Plaintiff. By way of further answer, Defendant Case was not the owner of the vehicle involved in the accident. COUNT I - Erie Insurance GroUlJ v. Clark Cash 7. Denied. No responsive pleading is required by Defendant Case. 8. Denied. No responsive pleading is required by Defendant Case. COUNT II - Erie Insurance Group v. Edward Case 9. Denied. See responsive pleadings averred by Defendant Case in paragraphs I through 8. 10. Denied. a. Defendant Case was not the owner of the vehicle. b. Defendant Case was not the owner of the vehicle. c. Defendant Case was not the owner of the vehicle. d. Defendant Case was not the owner of the vehicle. e. Defendant Case was not the owner of the vehicle and was under no obligation to maintain financial responsibility as required by the laws of the Commonwealth of Pennsylvania. WHEREFORE, Defendant Case respectfully requests dismissal ofthe suit against him with prejudice. 2 Date:~ ~v / 0 ~ I Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: 9i1Ct u~L Craig A. iehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant Edward Case 3 , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E, WAREHIME, Plaintiff NO, 05-5696 CIVIL TERM vs. CLARK CASH and EDWARD CASE, CIVIL ACTION Defendants VERIFICA nON I, EDWARD CASE, VERIFY that the statements set forth in the foregoing ANSWER OF DEFENDANT EDWARD CASE TO PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I 8 Pa. 94904 relating to unsworn falsification to authorities. Date: '3 - 2D - 0 (, --:""j ~/ ~ c'.-~. "'-- Ed ase . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME, Plaintiff NO. 05-5696 CIVIL TERM vs. CLARK CASH and EDWARD CASE, CIVIL ACTION Defendants CERTIFICATE OF SERVICE AND NOW, this ;) I sf- day of March, 2006, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER OF DEFENDANT EDWARD CASE TO PLAINTIFF'S COMPLAINT was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Paul F. D'Emilio, Esquire 905 West Sproul Road, Suite 105 Springfield, P A 19064 Clark Cash 31 Brian Street Moncure. NC 27559 LAW OFFICES OF CRAIG A. DIEHL BXc_. /{w;? Helen E. Rasmussen, Legal Assistant 3464 Trindle Road CampHill,PA 17011-4436 (717) 763-7613 "., ,.;-:~ o:.:.;~ cr'~ ;~ .'-'" :':0 (~) -n -:-< -r ffi :!J f--- -n,r ~p~::-; )..1. :--_,'._,1 ..-,.. i",,' Ci .:1[J;; ".:ni :.'-t ,1:>- ,:../ .< PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION 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, and against the Defendant, Clark Cash, for want of an answer, and assess Plaintiffs damages in the sum of $3,022.41 in accordance with a Complaint filed. ~f.i~ ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy assesses Plaintiff's am ages in the sum of $3,022.41. , J R P OTHY PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG, PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANT AND PLAINTIFF Paul F. D'Emilio, Esquire, attorney for Plaintiff in the above-entitled matter hereby certifies that the following is the last known mailing address of the Defendant and Plaintiff: DEFENDANT: CLARK CASH 5715 WRIGHTSVlllE AVENUE WilMINGTON, NC 28403 PLAINTIFF: ERIE INSURANCE COMPANY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 PAUL F. DEMILIO, ES UIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 AFFIDAVIT AS TO NON-MILITARY SERVICE THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE SS PAUL F. D'EMILlO, 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, Clark Cash, 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 Sold;,,'s .nd S,"o's Civil R.n.f Act a~~~ UL F. D'EMILlO, ESQ IRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 10th DAY OF APRIL, 2006. ~ J) .LlM.c<.~? C'r(JJ(y)O OTARY PUBLIC .,::"r.._ ___d PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILlO, ESQUIRE, attorney for the Plaintiff, Erie Insurance Companyl, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on March 23, 2006 to the Defendant listed below by Certificate of Mailing; a copy of the Notice and the original certification of mailing are attached hereto, made a part hereof, and marked Exhibit "A". Clark Cash 5715 Wrightsville Avenue Wilmington, NC 28403 ~L P UL F. EMILIO, SQUIRE ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. CLARK CASH 31 BRIAN STREET MONCURE, NC 27559 AND EDWARD CASE 1525 PENN STREET HARRISBURG. PA 17102 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 05-5696 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against you on ....Qpll..~ l . ~:;;:L ,2006. / p~~r~.~. ~ If you have any questions concerning the above please contact: CT ~ Paul F. D'Emilio. Esquire Attorney or Party Filing 905 West Soroul Road. Suite 105 Address Sorinafield. PA 19064 City, State, Zip (610) 338-0338 Telephone Number EXHIBIT "A" PAUL F. D'EMILlO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP AS SUBROGEE OF CRAIG E. WAREHIME THIS IS AN ARBITRATION MATTER COMMON PLEAS COURT OF CUMBERLAND COUNTY VS. CLARK CASH AND EDWARD CASE NO. 05-5696 CIVIL ACTION DATE OF NOTICE: MARCH 22, 2006 TO: CLARK CASH 5715 WRIGHTSVILLE AVENUE WILMINGTON, NC 28403 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232.7536 (kp~UIRE 905 W. Sproul Road, Suite 105 Springfield, PA 19064 (610) 338-0338 . . 2005-l0A u_s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Frorrr LAW OFFICES OF PAUL F. O'EMILlO 905 WEST SPROUL ROAD. SUITE 105 S~"II~GFI~:U:l, F'EI~lqS I L'vANIA 10064 One piece of ordjnary mail addressed to: Clark Cash 5715 WrightRville Avenue Wilmington, NC 28403 PS Form 3817, January 2001 o o o o o ~tA ~c:::::J ",. ':lLC 6U'1 N !~I .~ .' ~~ ~ '" C :D~ ~ en ~N(jj~~' C=WO:C-"'tl z. oroa ~oco; ~ cr> " '" '" '" '" r.." .._) , ::i C 0 -to. - . :;c) ...G .",- 0",- r'.) ~ 1L 10 C> ~ ~ (. --- ~ -2{ ~ ' - ....", -..; 1 \ ~ V ,t) 1- ~ R: v SHERIFF'S RETURN - REGULAR CASE NO: 2005-05696 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS CASH CLARK ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASE EDWARD the DEFENDANT , at 1944:00 HOURS, on the 23rd day of February, 2006 at 503 LUCINDA DRIVE MECHANICSBURG, PA 17055 by handing to JEN CASE, DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.92 .00 10.00 .00 35.92 So Answers: r>J?~L<~ R. Thomas Kline 02/24/2006 PAUL DEMILIO Sworn and Subscribed to before By: ~ ~,y Sheriff .. me thi s ;Ie day of ~ ~W"~ (!(J . prothono