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HomeMy WebLinkAbout06-30710 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARB ERIE INSURANCE GROUP : CON AS SUBROGEE OF RONALD A. BORSUK, JR. : CUM 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. : NO. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER CIVIL 634 BRANDY RUN ROAD NEWVILLE. PA 17241 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND Le han demandado a u AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, de estas demandas exl YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER (20) dias de plazo a pai THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A Usted dabs presentar t WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND abogado y arohivar an FILING IN WRITING WITH THE COURT YOUR DEFENSES OR demandas encontra de OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU degende, Is torte tomai ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY usted sin previo avlso c PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED espedido an Is petition AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE propiedades o otros de FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. LLEVE ESTA DEMANt YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS NO TIENE ABOGADO IMPORTANT TO YOU. PARA PAGAR TAL BE TELEFONO A LA OFI< YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ESCRITA ABAJO PAR IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE CONSEGUIR ASISTEI OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TGLHIRE 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 Cumberland 32 Bedford Street 32 Bedford S Carlisle, PA 17013 Carlisle, PA' 249 17Q (717) 249-31( 990 9108 (800) 990-91( PLEAS 367 AVISO A UN ABOGADO SI NO TIENE EL I rICIO. VAYA EN F AVERIGUAR DONDE .IA LEGAL. my Bar MATTER RT OF detenderse usted lien t notification. iones a [as usted no se sus ATAMENTE. SI SUFICIENTE IA O LLAME POR ENCUENTRA rED PUEDE PAUL F. D'EMILIO, ESQUIRE THIS IS AN ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP : COMMON PLEAS AS SUBROGEE OF RONALD A. BORSUK, JR. : CUMBERLAND C1 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. NO. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER 634 BRANDY RUN ROAD NEWVILLE. PA 17241 _ ,107/ CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION P CTICES. 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRAC ICES ACT AND CONSUMER PROTECTION LA , 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("TH ACTS") MATTER RT OF -7t - INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAI THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W LL BE USED OR THAT PURPOSE. COMPLAINT The Plaintiff, Erie Insurance Group by its attorney Paul bring this action upon a cause whereof the following is a 1. The Plaintiff, Erie Insurance Group is a Corporation, Louise Drive, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of Ronald A. a policy of insurance # Q51 2907613, issued by Plaintiff. 2. The Defendant, Ronald E. Reath, is an individual D'Emilio, an office at 4901 Jr., ("Insured") under at 634 Brandy Run 1 Road, Newville, PA 17241. 3. The Defendant, Tracy Wagner, is an individual residing at 634 Brandy Run Road, Newville, PA 17241. 4. At all times hereinafter mentioned the Defendant, Ronald Reath waste agent, workman, servant and employee of the Defendant, Tracy Wagner then and t ere in engaged in the business of the Defendant, Tracy Wagner within the course a d scope of his employment. 5. On or about June 28, 2004, a motor vehicle owned byt e Defendant, Tracy Wagner and operated by the Defendant, Ronald E. Reath was traveling west on Steeltown Road, Newville, PA when he lost control of the vehic le and struck t he Insured's house causing the damages herein after mentioned. 6. Plaintiff avers that the personal property of the Insured as damaged as a result of the occurrence hereinbefore mentioned, the reasonable co to repair the welling thereto being is Forty Thousand Fourteen and 61/100 ($40, 14.61) Dollar ; plus the cost of contents thereto being is Two Thousands Eight Hun red One and 7/100 ($2,801.27) plus the Insured's deductible of Five Hundred an 00/100 ($50 0.00) Dollars for a total of Forty Three Thousand Three Hundred Fifteen and 88 /100 ($43,315.88) Dollars. A true and correct copy of the checks is ued which are attached hereto, made part hereof and marked Exhibit "A." Count I Erie Insurance Group v. Ronald E. Reath 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 th ugh same were herein and set forth at length. 8. The said occurrence was due solely to the negligence of the Defendant, Ronald E. Reath in that he: 2 a. did fail to have the motor vehicle under proper and adequate 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 observe Insured's property; f. did fail to operate the vehicle in accordance with existing condit g. did permit or allow the vehicle to strike and collid? with the insu property; h. did fail to drive at a speed and in the manner tha would allow h m to stop within the assured clear distance ahead; L did operate the motor vehicle without due regard position of the Insured at the point of aforesaid and in a reck j. did drive under the influence of alcohol and/or k. did operate the vehicle without a valid driver's 1. did violate the various statutes and laws of the Pennsylvania and County of Cumberland and Sections 3802 Vehicle Code, pertaining to the operation of motor vehicles Count II Erie Insurance Group v. Tracy 9. Plaintiff, Erie Insurance Group, incorporates by referen contained in paragraphs 1 through 8 inclusive of this Complai same were herein and set forth at length. 10. The said occurrence was do to the negligence of the D, r the rights, afety and manner; s; se; and 1543 of Motor all of the as fully as Wagner, in that she: a. negligently entrust her vehicle to another operate or with a reasonable exercise of due care should have known r for use that the she knew, was not capable of operating the motor vehicle properly; 3 b. negligently entrust her motor vehicle to a person which she exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust her motor vehicle to a person known, should known or in the exercise of reasonable care would have known, was going to vehicle in an improper, dangerous or reckless manner; d. negligently entrust her motor vehicle to another p rson who sh should have known or in the exercise of due care would have nown would c damages to another; e. negligently entrust the motor vehicle to a person ho did not m financial responsibility as required by the laws of the Common ealth of Penr and f. negligently entrusted her motor vehicle to a pers n who she kn have known or in the exercise of due care would have known as under the of alcohol and/or drugs. WHEREFORE, Plaintiff demands judgment against the Defendants uF count in an amount not in excess of Fifty Thousand and 00/10 ($50,000.00) together with costs of suit. PAUL F- D'EM LIO, ESQUIR ATTORNEY F OR PLAINTIF , or in the the knew, ylvania; ?w, should nfluence ion each dollars 4 VERIFICATION I, Bobbi Maerki, Subrogation Specialist for Erie Insurance Group, PLAIN i FF in the above captioned matter verifies that the facts contained in the foregoing Co plaint are true and correct. I understand that false statements herein are made subje to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authores. DATE; ?J J Exhibit "A" 03/09/2006 Claims Management System CSPP032B 15:34 Check Print Page: 1 Req ROWLES ,C ----------------------------------------------------- CHECK NO 09816611 CMS NO 1816611 DATE 09/14/2004 Pay TWO THOUSAND SIX HUNDRED TWENTY-NINE AND 15/100 RONALD A BORSUK JR 501 STEELSTOWN ROAD Operator To The NEWVILLE PA 17241-9317 2T5AUGHENBA Order of Claim 010170755908 For ACV SETTLEMENT FOR PERSONAL PROPERTY PERSONAL PROPERTY COVERAGE SERVICE DATE: 06-28-2004 TO 09-14-2004 $$$$$$2,629.15 Loss Date 06/28/2004 Tax Id No Cashed C 10/22/2004 ---------------------------------------------------- CHECK NO 15163439 CMS NO 0163439 DAT- 12/10/2004 Pay ONE HUNDRED SEVENTY-TWO AND 12/100 $$$$$$$$172.12 DOUBLE GOLD INC DBA RESTORECORE Operator Loss Date To The 2322 N SEVENTH STREET 2T5SHISTLE 06/28/2004 Order HARRISBURG, PA 17110 2418 of Claim Tax Id No 010170755908 2517677750 For ELECTRONICS RESTORATION PERSONAL PROPERTY COVERAGE Cashed SERVICE DATE: 06-28-2004 TO 12-10-2004 C 12/16/2004 ---------- ----------------------------------- ---------------- CHECK NO 09608917 CMS NO 1608917 DAT 07/28/2004 Pay TWO THOUSAND SIX HUNDRED SIXTY-THREE AND 97/100 DOUBLE GOLD INC DBA RESTORECORE Operator To The 2322 N SEVENTH STREET 2T5 UGHENBA Order HARRISBURG, PA 17110 2418 of Cla m 010 70755908 For EMERGENCY SERVICES SETTLEMENT DWELLING COVERAGE SERVICE DATE: 06-28-2004 TO 07-28-2004 $$$$$$2,663.97 Loss Date 06/28/2004 Tax Id No 2517677750 Cashed C 08/02/2004 l 03/09/2006 Claims Management System CSPP032B 15:34 Check Print Page: 2 Reg ROWLES ,C -------------------------------------- ---------- CHECK NO 09644512 CMS NO 1644512 DATE 08/06/2004 ----- Pay SEVEN HUNDRED NINETEEN AND 86/100 EUGENE J. AUFIERO & ASSOC, INC 1309 BRIDGE ST. To The NEW CUMBERLAND, PA 17070 1172 Order of For INVOICE#: 11723 DWELLING COVERAGE SERVICE DATE: 06-28-2004 TO 08-06-2004 Cashed C 08/12/2004 ------------------------------------------------------- CHECK NO R309824 CMS NO R309824 DAT-12/07/2004 Pay THIRTY-SIX THOUSAND SIX HUNDRED SIXTY AND 78/100 RONALD A. BORSUK, JR. & RESTORE CORE & Operator To The ABN AMRO MORTGAGE GROUP INC. 2T5SHISTLE Order of Claim 010170755908 For PARTIAL PAYMENT DWELLING COVERAGE OTHER STRUCTURES COVERAGE $$$$$$$$719.86 Operator Loss Date 2T5AUGHENBA 06/28/2004 Claim Tax Id No 010110755908 2323857020 $$$$$36,660.78 Loss Date 06/28/2004 Tax Id No Cashed C 01/31/2005 ------------------------------------------------------------------------------- a N (? 1+ '? cL r O . N "`? _ ern v , d PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF RONALD A. BORSUK, JR. : CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. : NO. 06-3071 RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NE ILLE PA 17241 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 Group, and against the Defendants, Ronald E. Reath and Tracy Wagner, for want of an answer, and assess Plaintiffs damages in the sum of $43,315.88 in accordance with a Complaint filed. PAUL F. 'E 1 IO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy as ses Plaints damages in the sum of $43,315.88. Y PR PRUTH PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF RONALD A. BORSUK, JR. : CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. NO. 06-3071 RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE. PA 17241 AFFIDAVIT OF ST 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: DEFENDANTS: TRACY WAGNER RONALD E. REATH 634 BRANDY RUN ROAD 634 BRANDY RUN ROAD NEWVILLE, PA 17241 NEWVILLE, PA 17241 PLAINTIFF: ERIE INSURANCE GROUP 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 PAUL F-. 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE GROUP COMMON PLEAS COURT OF AS SUBROGEE OF RONALD A. BORSUK, JR. CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND NO. 06-3071 TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE. PA 17241 AFFIDAVIT AS TO NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DELAWARE PAUL F. D'EMILIO, 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 Defendants, Ronald E. Reath and Tracy Wagner, are over twenty-one years of age and that they are not in the military service of the United States or otherwise within the provisions of the Soldi and Sailor's Civil Relief Act of 1940 as amended. C ))ej yk? PAUL F. D'EMI O, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS aottl DAY OF JULY, 2006. Q012- 4494- . gq=xh BLIC NOTARY PUBLIC COMMONWIZA T ? NNaYLVANIA NOTARIAL, SEAL. MEUSSA RAMONDO, Notary public M W Wq*n Twp., Montggo?mery Countyy y Commission Expires Iknember t 2pp7 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF RONALD A. BORSUK, JR. : CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. : NO. 06-3071 RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE PA 17241 AFFIDAVIT OF NOTICE OF INTENT TO ENTER DEFAULT JUDGEMENT I, PAUL F. D'EMILIO, ESQUIRE, attorney for the Plaintiff, Erie Insurance Group, does hereby certify that a Notice of Intent to Enter Default Judgement was mailed on July 7, 2006 to the Defendants 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". TRACY WAGNER RONALD E. REATH 634 BRANDY RUN ROAD 634 BRANDY RUN ROAD NEWVILLE, PA 17241 NEWVILLE, PA 17241 L F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF Exhibit "A" PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER AS SUBROGEE OF RONALD A. BORSUK, JR 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER 634 BRANDY RUN ROAD : COMMON PLEAS COURT OF : CUMBERLAND COUNTY NO. 06-3071 CIVIL ACTION DATE OF NOTICE: JULY 6, 2006 TO: TRACY WAGNER 634 BRANDY RUN ROAD NEWVILLE, PA 17241 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 I D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 905 W. Suite 105 0) 2006-039 U.S. POSTAL SERVICE CER'TMATE OF UAKMG WY W USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ?J 'NY PROVIDE FOR INSURANCE-POSTMASTER T LAW OFFICE C I PAUL F. D'E [ILIO co = SUITE 105 905 WEST SPROUL ROAD , 9 SPRINGFIELD. PENNSYLVANIA 19064 L One piece of ordinary mail wMrosmd b: 6g Tracy Wagner 634 Brandy Run Road a` Newville, PA 17241 1 ... Fm MR r, Jw%mn PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER AS SUBROGEE OF RONALD A. BORSUK, JR. 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER 634 BRANDY RUN ROAD : COMMON PLEAS COURT OF : CUMBERLAND COUNTY : NO. 06-3071 CIVIL ACTION DATE OF NOTICE: JULY 6, 2006 TO: RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE FOR CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PAUL F. MIL O, ESQUIRE 905 W. Sproul Road, Suite 105 Springfield, PA 19064 (610) 338-0338 2006-039 DOES NOT Irt In3U1WYl:G-1'V.y I h IEN o 0 o LAW OFFICE PAUL F. D'EMILIO d JU?_ 1 905 WEST SPROUL ROAD. SUITE 105 td1 SPRINGFIELD. PENNSYLVANIA 19064 tiS`(J Om Wece aolanlery mall edEreeeea to: Ronald E. Reath o0 f.j ?a 634 Brandy Run Road Newville, PA 17241 Z, T vs .c4„ ?SJ ? c c ?y: IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF RONALD A. BORSUK, JR. : CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. : NO. 06-3071 RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE. PA 17241 Notice is given that a judgment in the above captioned matter has been entered against you o2006. TT Protho otary If you have any questions concerning the above please contact: Paul F. D'Emilio. Esquire Attorney or Party Filing 905 West Sproul Road. Suite 105 Address Springfield, PA 19064 City, State, Zip (610) 338-0338 Telephone Number SHERIFF'S RETURN - REGULAR r CASE NO: 2006-03071 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ER9E INSURANCE GROUP ETC VS REATH RONALD E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Sc NOTICE was served upon REATH RONALD E the DEFENDANT , at 1212:00 HOURS, on the 14th day of June , 2006 at 634 BRANDY RUN ROAD NEWVILLE, PA 17241 by handing to ALEXIS WAGNER, DAUGHTER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with y a...r and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 21.12 Affidavit .00 Surcharge 10.00 R. Thomas Kline ""i -» .00 49.12,/ 06/15/2006 PAUL DEMILIO Sworn and Subscibed to By: before me this day puty Sheriff of A.D. • 'CASE NO: 2006-03071 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ER9E INSURANCE GROUP ETC VS REATH RONALD E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER TRACY the DEFENDANT , at 1212:00 HOURS, on the 14th day of June 2006 at 634 BRANDY RUN ROAD NEWVILLE, PA 17241 by handing to ALESIS WAGNER, DAUGHTER ADULT IN CHARGE 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 Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00,/ 06/15/2006 47,10 7 PAUL DEM I L I O By: day eputy Sheriff Wei A.D. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE GROUP AS SUBROGEE OF RONALD A. BORSUK, JR. 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 : COMMON PLEAS COURT OF : CUMBERLAND COUNTY NO. 06-3071 AND TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE. PA 17241 AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Ronald E. Reath is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 06-3071, which was a result of a motor vehicle accident on June 28, 2004. &0-Q 4 0 / 6M J-4--o PAUL F. D'EMILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 20th DAY OF October, 2006. aas c"12 1 ) NOTARY PUBLIC COWAONWEALTH OF NOTARIAL SEAL MELISSA RAMONDO, Notary Public Whitpain Twp., Mont omery County My Commission Expires er:;=n b ; 1 2307 W t? its `r J ` l 4:]2 ".z:- PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF THIS IS AN ARBITRATION MATTER ERIE INSURANCE GROUP AS SUBROGEE OF RONALD A. BORSUK, JR. 4901 LOUISE DRIVE MECHANICSBURG, PA 17055 VS. RONALD E. REATH 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AND r,? o c: - c n f ; :=I - M ; fTI. TI t v7 . T_? T Dy COMMON PLEAS OUT CUMBERLAND C NjW CO -< : NO. 06-3071 TRACY WAGNER CIVIL ACTION 634 BRANDY RUN ROAD NEWVILLE, PA 17241 AFFIDAVIT MOTOR VEHICLE ACCIDENT I hereby certify that the Judgment debtor, Ronald E. Reath is the same person who is the Defendant in the Cumberland County Common Pleas Action No. 06-3071, which was a result of a motor vehicle accident on June 28, 2004. PAUL F. D'EMILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 20th DAY OF October, 2006. NOTARY PUBLIC co I bo58 &a3&, 149 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RONALD EDWARD REATH, Chapter 7 Debtor Case No. 1-09-bk-05884 RONALD EDWARD REATH, Movant V. ERIE INSURANCE GROUP as subrogee of RONALD A. BORSUK, JR., Respondent ORDER c a, AND NOW, it appearing that the respondent has failed to answer or otherwise defend as to the Motion to Avoid Judicial Lien filed herein by Movant, and upon this Court's finding that the allegations of said motion are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The judicial lien held by the respondent, Erie Insurance Group, as subrogee of Ronald A. Borsuk, Jr., against Debtor's real property located at 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania, and entered of record at Docket No. 2006-3071 Civil Term at the Cumberland County (Pennsylvania) Court of Common Pleas, is declared void. 2. The respondent shall forthwith take all steps necessary to release said judicial lien and remove it from the local judgment index. By the C ow t, B p JOF (PCP) This document is electronically signed and f led on the same date. ,-S.vo RcL CEF13T1 1 ?3?Q8? day of C3erk, 1( t, . JJ FP J THE REC;OPD this n7 L C - - C eve / wN?e!i Pel? Dated: November 25, 2009 D??3ik % ik Case 1:09-bk-05884-MDF Doc 21 Filed 11/25/09 Entered 11/25/0907:22:39 Desc Main Document Page 1 of 1