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HomeMy WebLinkAbout06-5932PAUL 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 VS. NO. 0 G - 5'qi 3a2 e?t.( -TZ- KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND : CIVIL ACTION ENTERPRISE RENT-A-CAR . 3401 HARTZDALE DRIVE . CAMP HILL. PA 17011 . 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una orden Contra usted sin previo aviso o notificacion o por cualgier queja o alivio que espedido en la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 VS. KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND ENTERPRISE RENT-A-CAR 3401 HARTZDALE DRIVE CAMP HILL. PA 17011 NO. o c? sS 3 -2C I, ( -Ft-1- CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("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. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 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 Shawn Good and Michelle Good, ("Insured") under a policy of insurance # Q081507702, issued by Plaintiff. 2. The Defendant, Kevin Myers, is an individual residing at 3023 Harvard Avenue, Camp Hill, PA 17011. 3. The Defendant, Enterprise Rent-A-Car, is a Corporation authorized to do business in the Commonwealth of Pennsylvania with its principal office at 3401 Hartzdale Drive, Camp Hill, PA 17011. 4. At all times hereinafter mentioned the Defendant, Kevin Myers was the agent, workman, servant and employee of the Defendant, Enterprise Rent-A-Car then and there in engaged in the business of the Defendant, Enterprise Rent-A-Car within the course and scope of his employment. 5. On or about August 4, 2005, Plaintiff's Insured was traveling on Walnut Bottom Road, Carlisle, PA when a motor vehicle owned by the Defendant, Enterprise Rent-A- Car and operated by the Defendant, Kevin Myers struck the Insured's vehicle in the rear causing the damages herein after mentioned. 6. Plaintiff avers that the motor vehicle of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repairs thereto being is Five Thousand Eight Hundred Four and 07/100 ($5,804.07) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of Six Thousand Three Hundred Four and 07/100 ($6,304.07) Dollars. Count I Erie Insurance Group v. Kevin Myers 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, Kevin Myers in that he: a. did fail to have his motor vehicle under proper and adequate control; b. did fail to apply his brakes in time to avoid the collision; C. did negligently apply his brakes; d. did fail to observe the Insured vehicle in accordance with existing traffic conditions and traffic controls; e. did permit or allow his vehicle to strike and collide with the automobile operated by the Insured; f. did fail to drive at a speed and in a manner that would allow him 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 his motor vehicle without due regard for the rights, safety and position of the Insured at the point aforesaid; i. failed to maintain financial responsibility; and j. did violate the various statutes and laws of the Commonwealth of Pennsylvania and County of Cumberland, pertaining to the operation of motor vehicles. Count II Erie Insurance Group v. Enterprise Rent-A-Car 9. Plaintiff, Scottsdale Insurance Company, 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, Enterprise Rent-A-Car, in that they: a. entrusted its vehicle to an operator for use when it knew, or with a 3 reasonable exercise of due care should have known, that the operator was not capable of operating the vehicle properly; b. negligently entrusted the vehicle to a person which it knew, or in the exercise of reasonable care should have known, was an incompetent driver; C. negligently entrust the motor vehicle to another person who it knew, should have known or in the exercise of due care would have known would cause damages to another; d. negligently entrusted its vehicle to a person known, should have known or in the exercise of reasonable care could have known, was going to drive the vehicle in an improper, dangerous or reckless manner; and e. did violate the various statutes and laws of the County of Cumberland, and Commonwealth of Pennsylvania pertaining to the operation of motor vehicles. 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. 4 AUL 'EMI I , ESQUIRE ATTORNEY FOR PLAINTIFF 4 VERIFICATION I, vy ? 1 "\QQS'?A Claim Representative for Erie Insurance Group, PLAINTIFF in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Qk- r?? DATE: _ ?? ?. ,96 ? r??ti 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 SHAWN GOOD AND MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 . VS. KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 06-5932 AND CIVIL ACTION ENTERPRISE RENT-A-CAR 3401 HARTZDALE DRIVE CAMP HILL, PA 17011 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. AUL . D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ? ,..., - -; t ( ?• -l _ ?i ? ? _ ..? aya w.t _ ? .. _? - ? -- -? ?_.J SWEENEY & SHEEHAN, P.C. By: Patrick J. Sweeney, Esquire Identification No. 79120 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 Attorney for Defendant: Penrac, Inc. ERIE INSURANCE GROUP as Subrogee of COURT OF COMMON PLEAS SHAWN GOOD and MICHELLE GOOD CUMBERLAND COUNTY CIVIL DIVISION V. NO. 06-5932 KEVIN MYERS and ENTERPRISE RENT-A-CAR: ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Penrac, Inc.,(incorrectly designated as Enterprise Rent-A-Car in Plaintiff's Complaint), in the above-captioned matter. SWEENEY & SHEEHAN, P.C. By: "V_V, PatriJ. S eeney DATE: November 22, 2006 °vU-n N SWEENEY & SHEEHAN, P.C. By: Patrick J. Sweeney, Esquire Identification No. 79120 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 Attorney for Defendant: Penrac, Inc. ERIE INSURANCE GROUP as Subrogee of SHAWN GOOD and MICHELLE GOOD V. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 06-5932 KEVIN MYERS and ENTERPRISE RENT-A-CAR: DEFENDANTS, PENRAC, INC.,LINCORRECTLY DESIGNATED AS ENTERPRISE RENT-A-CAR IN PLAINTIFF'S COMPLAINT), ANSWER TO PLAINTIFFS' COMPLAINT TOGETHER WITH NEW MATTER AND NEW MATTER CROSSCLAIM COMES NOW Defendant, Penrac, Inc. (incorrectly designated as Enterprise Rent-A-Car in Plaintiffs' Complaint) (hereinafter "Penrac"), and files this its Answer to Plaintiffs' Complaint together with New Matter and New Matter Crossclaim. In support thereof, Answering Defendant avers as follows: 1. Denied. After reasonable investigation, Answering Defendant is without information sufficient to affirm or deny the averments of this paragraph and strict proof is demanded at the time of trial. For further answer, these averments constitute conclusions of law requiring no response. 2. Denied. For further answer, these averments constitute conclusions of law requiring no response. 3. Admitted in part, denied in part. It is only admitted that Defendant, Penrac, is a corporation license to conduct business in the Commonwealth of Pennsylvania. The remaining averments of this paragraph are denied. 4. Denied. Answering Defendant, Penrac, denies that the Co-Defendant, Kevin Myers, was its agent, workman and employee at any time relevant to this cause of action. Answering Defendant denies that the Co-Defendant, Kevin Myers, was engaged in business on behalf of Answering Defendant at any time relevant to this cause of action. Answering Defendant denies the Co-Defendant, Kevin Myers, had permission to operate its vehicle at any time relevant to this cause of action. 5. Denied. For further answer, these averments constitute conclusions of law requiring no response. 6. Denied. After reasonable investigation, Answering Defendant is without information sufficient to affirm or deny the averments of this paragraph and strict proof is demanded at the time of trial. For further answer, these averments constitute conclusions of law requiring no response. WHEREFORE, Answering Defendant, Penrac, Inc., demand that judgment be entered in its favor and against the Plaintiffs together with all reasonable interests, counsel fees and costs. COUNTI Erie Insurance Group v. Kevin Myers 7. Answering Defendant incorporates by reference paragraphs 1 through 6, above, as if the same were forth fully at length herein. 8. The averments of this paragraph relate to a Defendant other than Answering Defendant no answer is required. To the extent that an answer is required, said averments are denied. WHEREFORE, Answering Defendant, Penrac, Inc., demand that judgment be entered in its favor and against the Plaintiffs together with all reasonable interests, counsel fees and costs. COUNT II Erie Insurance Group v. Enterprise Rent-A-Car 9. Answering Defendant incorporates by reference paragraphs 1 through 8, above, as if the same were forth fully at length herein. 10. Answering Defendant denied that it was negligent at any time relevant to this cause of action. Answering Defendant denies that the Co-Defendant, Kevin Myers, had it permission and/or authority to be operating its vehicle at any time relevant to this cause of action. Answering Defendant denies that it negligently entrusted its vehicle to the Co-Defendant, Kevin Myers. All averments of this paragraph are denied. For further answer, these averments constitute conclusions of law requiring no response. WHEREFORE, Answering Defendant, Penrac, Inc., demand that judgment be entered in its favor and against the Plaintiffs together with all reasonable interests, counsel fees and costs. NEW MATTER 11. Answering Defendant, Penrac, Inc., incorporates by reference paragraphs Ithrough 10, above, as if the same were forth fully at length herein. 12. The provisions of the Pennsylvania Comparative Negligence Act, 17 P.S. Sections 2101, 2102, apply in this case to limit or bar Plaintiff s cause of action. 13. The provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law 75 Pa. C.S.A. Section 1701, et M. apply in this case and limit or bar Plaintiffs cause of action. 14. Plaintiffs assume the risk of their own conduct. 15. Plaintiffs' cause of action is barred by the applicable Statute of Limitations. 16. This Court lacks subject matter jurisdiction of the within action. 17. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 18. Plaintiffs' injuries, if any, were caused by the negligence and/or liability producing acts or omissions of parties or other entities over whom Answering Defendant neither has control nor the ability to control. 19. Plaintiffs failed to mitigate damages, if any. 20. Plaintiffs' cause of action must fail due to the Sudden Emergency Doctrine. 21. Plaintiffs' cause of action must fail due to the Doctrine of Release. 22. Plaintiffs' cause of action must fail due to the defense of unavoidable accident. WHEREFORE, Answering Defendant, Penrac, Inc., demands judgment be entered in its favor, and against the Plaintiffs, together with all reasonable interest, expenses, counsel fees and costs. NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT, KEVIN MYERS 23. If the allegations of Plaintiffs' Complaint are shown to be true, any negligence or liability on the part of Answering Defendant, Penrac, Inc., being expressly denied, then Co- Defendant, Kevin Myers, is primarily liable therefor, and is liable over to Answering Defendant, Penrac, Inc., by way of indemnity for any amounts which the said Co-Defendant might be required to pay Plaintiffs; or, in the alternative, Co-Defendant, Kevin Myers, is liable to Answering Defendant, Penrac, Inc., for contribution. WHEREFORE, Answering Defendant, Penrac, Inc., demands judgment of indemnity against Co-Defendant, Kevin Myers, for all sums which Answering Defendant may be required to pay Plaintiffs, or, in the alternative for contribution. SWEENEY & SHEEHAN By: PatriJ. Sw ney Attorney for Defendant, Penrac, Inc. DATED: November 30, 2006 VERIFICATION PATRICK J. SWEENEY, ESQUIRE, verifies and says that he is an attorney-at-law in the offices of SWEENEY & SHEEHAN; that he is authorized to make this Verification; and, the facts set forth in the foregoing DEFENDANT, PENRAC, INC. (INCORRECTLY DESIGNATED AS ENTERPRISE RENT-A-CAR IN PLAINTIFFS' COMPLAINT), ANSWER TO PLAINTIFFS' COMPLAINT TOGETHER WITHNEWMATTER AND NEWMATTER CROSSCLAIM, are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. kL,?P,/ PAT CK . SWEENEY DATE: November 30, 2006 t.r:-. :.. ? ??1 _ _ - !_? __ ? 7 ? ? + qM y +..{ () ? 4 a i' . ?? ? ? j? ? '?? 'yyy, • ? SWEENEY & SHEEHAN, P.C. By: Patrick J. Sweeney, Esquire Identification No. 79120 1515 Market Street Nineteenth Floor Philadelphia, PA 19102 (215) 563-9811 ERIE INSURANCE GROUP as Subrogee of SHAWN GOOD and MICHELLE GOOD V. KEVIN MYERS and ENTERPRISE RENT-A-CAR: COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 06-5932 STIPULATION TO AMEND CAPTION It is hereby AGREED to and STIPULATED by the undersigned counsel that the caption in all subsequent pleadings in the above-captioned matter is amended to reflect the proper name of the Defendant as Penrac, Inc., incorrectly designated as Enterprise Rent-A-Car. B a-0 I j P Paul F. 'Emilio, squire Attorney for Plaintiffs Attorney for Defendant: Penrac, Inc. SWEENEY & SHEEHAN, P.C. By: 4&04 Patrick Swe y, Esquire Attorney for fendant, Penrac, inc. DATE: ?.? " 6 '`C,/ ,, rr rTl ni- SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05932 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MYERS KEVIN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT MYERS KEVIN 3023 HARVARD AVENUE CAMP HILL, PA 17011 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR OVER A YEAR. Sheriff's Costs: So answers: Docketing 18.00 Service 12.32.- Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 45.32/ lilt-110t, L?- Sworn and Subscribed to before me this day of PAUL DEMILIO 10/31/2006 A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05932 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the ENTERPRISE RENT-A-CAR was served upon DEFENDANT at 1649:00 HOURS, on the 30th day of October , 2006 at 3401 HARTZDALE DRIVE CAMP HILL, PA 17011 by handing to JON VRABEL, AREA MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 12.32 rr9 %' Affidavit .00 y ._P ^? Surcharge 10.00 R. Thomas Kline .00 28.32x' 10/31/2006 1111710(, q, PAUL DEMILIO Sworn and Subscibed t o By: before me this of day put Sheriff A.D. Z7---, 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD . 4901 LOUISE DRIVE . MECHANICBURG, PA 17055 VS. NO. 06-5932 KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND CIVIL ACTION PENRAC, INC. 3401 HARTZDALE DRIVE CAMP HILL. PA 17011 ORDER TO DISCONTINUE AND END AS TO DEFENDANT, PENRAC. INC. ONLY TO THE PROTHONOTARY CP: Kindly mark the above entitled matter settled and discontinued, upon the Defendant, Penrac, Inc. only upon payment of your cost only. caji ru""L PAUL F. 'EMI IO, ESQUIRE ATTORNEY FOR PLAINTIFF -4 T`J 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 SHAWN GOOD AND CUMBERLAND COUNTY MICHELLE GOOD . 4901 LOUISE DRIVE . MECHANICBURG, PA 17055 VS. NO. 06-5932 KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND CIVIL ACTION ENTERPRISE RENT-A-CAR . 3401 HARTZDALE DRIVE . CAMP HILL. PA 17011 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. L F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ?i 5v?: ?? ? ;^S"1 ?? S ,,.- T3 Ct. (^ 1 t'i?i ? ", ?`? > ?-'? R„. 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 VS. NO. 06-5932 KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND CIVIL ACTION ENTERPRISE RENT-A-CAR 3401 HARTZDALE DRIVE CAMP HILL, PA 17011 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. jzalzL PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF N w„tiR v \ ?G7 co d SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05932 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN 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 MYERS KEVIN but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January loth , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 26.12 Postage .63 6 3 . 7 5 01/10/2007 PAUL DEMILIO Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore So answers- R. Thomas Kline Sheriff of Cumberland County 1/it1c A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PLEASE T'1 M OMY LM 1 ''WW 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN Dl's WT MMM MY COPM 1 PLAINTIFF/S/ Erie Insurance Group 3 DEFENDANT/S/ Kevin Myers 2 4. TYPE OF WRIT OR COMPLAINT C I C A Civil Action Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Kevin Myers 6. ADDRESS (STREET OR RFO WITH B IWBER, APT NO.. CI BORO, TWP, STATE ND Z CODE) , 0 W AT 1890 Jug over, PA 17315 e 7. INDICATE SERVICE O P L U PERSON IN CHARGE )WbEPUTIZE U CERT MAIL U 1S U POSTED -I OTHER NOW November 28 20 0 I, SHERIFF O TY, PA, do hereby deputize the sheriff of York COUNTY to execute thi ?dsfrl rn t drding to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF4tIW COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICF0 U T OF COUNTY Culnberlan ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof. 11 1 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 L goo, Paul F. D'Emilio, Es uire 1610-338-0338 905 W. Sproul Road uite 105, Springfield, PA 1917116 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) C U M B E R L A N D CO S H E R I F F Paul F. D'Emilio, Esquire 905 W. Sproul Road, Suite 105, Springfield, PA 19064 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BLOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 111/29/2006 112/27/2006 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. fNAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI DaL- I Time I ??Mile s I lot. I Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. 22. REMARKS: I 23. Advance Costs 2 ervice Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due efund ck No. 75.00 34. ForNyn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage Not Found 39. Total Costs 40 Costs Due or Refund 41. AFFIRM "1 t3e(oit? me tfiis ," a SO ANSWERS 44. Signature of 45. DATE 42. day of 20 ?P1T z Dep. Sheriff LISA L. BOVJMA ?i _ /NOTARY 46. Signature of York 47 DATE PUBLIC County Sheriff O )F YORK YORK COUNTY MY Ct? -, R XPIP1=sA11r' nn. nn WILLIAM M HOSE SHERIFF a 1/4/07 _ - 48. Signature of Foreign 49 DATE Cnunty Shnnrr SHERIFF'S RETURN - OUT OF COUNTY t ,CASE NO: 2006-05932 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN 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: MYERS KEVIN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 16th , 2007 this office was in receipt of t attached return from YORK Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kl ne Dep York County 33.55 Sheriff of Cu erland County Postage .87 71. 4 2 ? 03/16/2007 PAUL D'EMILIO Sworn and subscribe to before me this day of A. D. "07 ' Y VVVIV 1 T Vr T VRn VICE OFFICE OF THE SHERIFF SCR 77196 IL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAW TYPE OWY L M 1 THM 12 DO NOT DETA 1 PLAINTIFF/S/ 2. COURT NUMBER Erie Insurance Group Cumberland CCP Nn- _ 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT1S/ Kevin Myers Complaint C I CA SERVE 5 NAME OF INDIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRI I N Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Kevin MyerVIs ?. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO,1T1fVP"', STATE ANO ZIP CODE) ??-?eeiFede ?4ve ; AT 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE XW DEPUTIZE 1.1 CERT. MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW February 5 2007 I, SHERIFF UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t =eretur; th cording to law. This deputization being made at the request and risk of the plaintiff.. - 2do .040 SHERIFF OF YO1W UNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINIAI cRF C 0 U N T Y Cumberland ADVANCE FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof. 9p TYP E rod ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED au )? Emilio, Esquire 905 W. Sproul Road, Suite 105, S rin field PA 19064 610-338-0338 21112007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDR SS BELOW: (Thi a must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT MlRt1E 01N TM 1.11E 13. 1 wAnoMAedge receipt of the writ 14. DATE RECEIVED 15. Expiration/Heanng Date or complaint as i n d i c a t e d above. M J M C G I L L Y C S O 2/7/2007 3/2/2007 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 120 Time of Service 21. ATTEMPTSI 4na6 I Time IM M d?l -As I 1 nt I Date I Time I Miles I Int. jDatelTimelMilles; Int. Date Time Miles Int. Date Time Miles Int 22. EVA SMITH CURRENT RESIDENT HAS LIVED AT ADDRESS SINCE 2002. SHE DOES NOT KNOW OF A KEVIN MYERS. 23. Advance Costs 24. Service Costs 2 _ N(F 26. M07e, 27. Postage 28. Sub T 1 29. Pound 30 Notary 31. Surchg. 32. Tot. as 33 f>ue or d $75.00 1 q. '?' Illy (XJ 1 J 5 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to b 42. day of F E B .20Q-7-43 . so 41. Signature of 45. DATE Dep. Sheriff r 46. Signature of York / 47 DATE County Sheriff FOR:WILLT M HOSE.SHERIFF 2/27/07 48. Signature of Foreign 49 DATE County Sheriff SHERIFF'S RETURN - NOT FOUND CASE, NO: 2006-05932 P ,COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MYERS KEVIN but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the NOT FOUND , as to the within named DEFENDANT MYERS KEVIN 444 SIOUX DRIVE MECHANICSBURG, PA 17050 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So ansW? Docketing 18.00 Service 19.20 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County ?3o a? .00 ??• ? 52.20 PAUL D'EMILIO 05/24/2007 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05932 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS MYERS KEVIN ET AL JACOB H. BAKER JR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MYERS KEVIN the DEFENDANT , at 1600:00 HOURS, on the 29th day of May 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to KEVIN MYERS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 513010 -7 C), ,, Sworn and Subscibed to before me this of So Answers: .00 .00 .00 .00 R. Thomas Kline .00 .00 00/00/0000 By: 1C day ep y S eriff 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 : COMMON PLEAS COURT OF AS SUBROGEE OF SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD VS. NO. 06-5932 KEVIN MYERS AND CIVIL ACTION ENTERPRISE RENT-A-CAR 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 Defendant, Kevin Myers, for want of an answer, and assess Plaintiffs damages in the sum of $6,304.07 in accordance with a Complaint filed. ajiL?L) PAUL F. 'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. #16654 Prothy assesses Plaintiffs damages in the sum of $6,304.07. /-S/ 1444-. P- Dig y 62g167 'PRO PROTHY z 64 T 00 VI T v 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD VS. KEVIN MYERS AND : NO. 06-5932 CIVIL ACTION ENTERPRISE RENT-A-CAR AFFIDAVIT OF LAST KNOWN MAILING ADDRESS OF DEFENDANTS 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 PLAINTIFF: KEVIN MYERS 444 SIOUX DRIVE MECHANICSBURG, PA 17050 ERIE INSURANCE GROUP 4901 LOUISE DRIVE MECHANICSBURG, PA SWORN TO AND SUBSCRIBED BEFORE ME THIS !al DAY OF_l4 (`l , 2007 ` "NOTARY PUBLIC .. al_ SEAL j?00 No'ary Public t tgorrer r , ,y 17055 P UL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF d ? w. 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD . VS. NO. 06-5932 KEVIN MYERS AND CIVIL ACTION ENTERPRISE RENT-A-CAR 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 Defendant, Kevin Myers, is over twenty-one years of age and that he is not in the military service of the United States or otherwise within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 as amended. UL F. MILIO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 191 DAY OF 2007 NOTARY PUBLIC J" o ?,Cn 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD . VS. NO. 06-5932 KEVIN MYERS . AND . CIVIL ACTION ENTERPRISE RENT-A-CAR 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 June 26, 2007 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". KEVIN MYERS 444 SIOUX DRIVE MECHANICSBURG, PA 17050 Gai PAUL F. D'EMILIO, ESQUIRE ATTORNEY FOR PLAINTIFF b O T Cow w 0 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 SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD 4901 LOUISE DRIVE MECHANICBURG, PA 17055 VS. NO. 06-5932 KEVIN MYERS 3023 HARVARD AVENUE CAMP HILL, PA 17011 AND CIVIL ACTION ENTERPRISE RENT-A-CAR 3401 HARTZDALE DRIVE CAMP HILL PA 17011 DATE OF NOTICE: JUNE 25, 2007 TO: KEVIN MYERS 444 SIOUX DRIVE MECHANICSBURG, PA 17050 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. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 717 249-3166 800; 990-9108 UL F. D'E ILIO, ESQUIRE 2006-142 B R Its U.S. POSTAL SERVICE CERT MATE OF WWLING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT POSTMASTER PROVIDE FOR INSURANCE c + - o L?II P LAW OFFICE N PAUL F. D'EMIL10 905 WEST SPR-OUL ROAD, SUITE 105 SPRINGFIELD, PENNSYLVANIA 19064 Lnw Morro ui urwnary man aaaressw to: c L W O mm m Kevin Myers cam"'' ONtD3b 44 Sioux Drive . c»^ cox3. VI`s Z- pr-0( Mechanicsburg, PA 17050 a r PS Form 3817, January 2ool IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) ERIE INSURANCE GROUP : COMMON PLEAS COURT OF AS SUBROGEE OF SHAWN GOOD AND : CUMBERLAND COUNTY MICHELLE GOOD VS. NO. 06-5932 KEVIN MYERS AND CIVIL ACTION ENTERPRISE RENT-A-CAR Notice is given that a judgment in the above captioned matter has been entered against you on ?uL1 a? , 2007. Prothonotary 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 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ARBITRATION MATTER Im, JUL ? 6 ?tJt?1?ER SY tViAKGO" uX?? PENS ERIE INSURANCE GROUP AS SUBROGEE OF SHAWN GOOD AND MICHELLE GOOD VS. KEVIN MYERS AND ENTERPRISE RENT-A-CAR COMMON PLEAS COURT QF CUMBERLAND COUNTY NO. 06-5932 CIVIL. ACTION PRAECIPE TO SATISFY THE JUDGMENT AND DISCONTINUE AND END TO THE PROTHONOTARY, P.C.: Satisfy the judgment against Kevin Myers in the above-entitled matter upon payment of your costs only. Kindly mark the above-entitled matter discontinued and ended. Paul F. D'Emilio, Esquire Attorney for Plaintiff