On December 31, 2019 a
Proof of Service
was filed
involving a dispute between
Kayla Fox,
and
Kevin J. Schmitt,
Rebecca Schmitt,
for Torts - Motor Vehicle
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/06/2020 02:23 PM INDEX NO. 817375/2019
SUPREME COURT OF THE STATE OF NEW YORK Job #: 1509994
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/06/2020
COUNTY OF ERIE
Attorney: PH:
Address:
.......................................... ... .. . ........ .. .. . .. ........................
.. . .... . . .. ... ........... . . . . .. . .
KAYLA FOX
Index Number: 817375/2019
VS Plaintiff Date Filed:
REBECCA SCHMITT
KEVIN J. SCHMITT Client's File No.:
Defendant
STATE OF NEW YORK, COUNTY OFERIE, SS2
sworn says:
AFFIDAVIT OF SERVICE
Monique Geising, being
Deponent is not a party herein; is over the age of 18 years and resides in the State of New York.
n 3/30/2020, at 5:52 PM at: 51 MIDDLEBURY LANE, LANCASTER, NY 14086 Deponent served the within Notice of CommGncement of
Action Subject to Mandatory Electronic Filing and Summons and Complaint
On. KEVIN J. SCHMITT, therein named.
O #1 INDIVIDUAL
By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein.
#2 SUITABLE AGE PERSON
By delivering thereat a true copy of each to REBECCA SCHMITT (SPOUSE) a person of suitable age and discretion. Said premises is recipient's:[] actual
place of business / employment [X] dwelling house (usual place of abode) within the state.
O #3 AFFIXING TO DOOR
By affixing a true copy of each to the door of said premises which is defendants
[I actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find
defendant or person of suitable age and discretion thereat having called there
"Your deponent made inquiry as to the Defendant's current place of employment from the Plaintiff's counsel, who did not have such information; no
deponent"
GmpicymGat information was available from any neighbor or other person with knowledge, and no such information is otherwise known to
#4 MAILING
On 3/31/2020, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant's last known [X] Actual
Place of Residence [] Actual Place of Business, 51 MIDDLEBURY LANE, LANCASTER, NY 14086 and deposited the eirvelupe in an official
depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the
confidential"
legend "personal and and did not indicate on the outside, thereof by return address or otherwise that the communication was from an
attorney or concerned an action against the defendant.
#5 Corporation or Partnership or Trust or LLC
By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the
corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof.
2 #6 DESCRIPTION
Sex Female Color of skin: White Color of hair: Dk. Brown Glasses: Yes
5' 4" - 5' 8"
Age: 36 - 50 Yrs. Height. Weight: 131-160 Lbs. Other Features:
#7 MILITARY SERVICE
I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever
and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated.
#8 WITNESS FEES
Subpoena Fee Tendered in the amount of
O #9 OTHER
Sworn to before me on 4/1/2020
ELlZABETH WOELFEL .
NOTARY PUBLIC- STATE OF NEW YORK
NO. 01WO6245058
a e Geising
Moniq
QUALIFIED IN ERIE COUNTY
MY COMMISSION EX.PIRES JULY 18, 2023
Esomes PnocESS S ERU CE LLC, P.O. Box 337, LACKAWAN/WA, NY 14218
1 of 1
Document Filed Date
April 06, 2020
Case Filing Date
December 31, 2019
Category
Torts - Motor Vehicle
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Preview
FILED: ERIE COUNTY CLERK 04/06/2020 02:23 PM INDEX NO. 817375/2019 SUPREME COURT OF THE STATE OF NEW YORK Job #: 1509994 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/06/2020 COUNTY OF ERIE Attorney: PH: Address: .......................................... ... .. . ........ .. .. . .. ........................ .. . .... . . .. ... ........... . . . . .. . . KAYLA FOX Index Number: 817375/2019 VS Plaintiff Date Filed: REBECCA SCHMITT KEVIN J. SCHMITT Client's File No.: Defendant STATE OF NEW YORK, COUNTY OFERIE, SS2 sworn says: AFFIDAVIT OF SERVICE Monique Geising, being Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. n 3/30/2020, at 5:52 PM at: 51 MIDDLEBURY LANE, LANCASTER, NY 14086 Deponent served the within Notice of CommGncement of Action Subject to Mandatory Electronic Filing and Summons and Complaint On. KEVIN J. SCHMITT, therein named. O #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein. #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to REBECCA SCHMITT (SPOUSE) a person of suitable age and discretion. Said premises is recipient's:[] actual place of business / employment [X] dwelling house (usual place of abode) within the state. O #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants [I actual place of business / employment [] dwelling house (usual place of abode) within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having called there "Your deponent made inquiry as to the Defendant's current place of employment from the Plaintiff's counsel, who did not have such information; no deponent" GmpicymGat information was available from any neighbor or other person with knowledge, and no such information is otherwise known to #4 MAILING On 3/31/2020, deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant's last known [X] Actual Place of Residence [] Actual Place of Business, 51 MIDDLEBURY LANE, LANCASTER, NY 14086 and deposited the eirvelupe in an official depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the confidential" legend "personal and and did not indicate on the outside, thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. #5 Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof. 2 #6 DESCRIPTION Sex Female Color of skin: White Color of hair: Dk. Brown Glasses: Yes 5' 4" - 5' 8" Age: 36 - 50 Yrs. Height. Weight: 131-160 Lbs. Other Features: #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. #8 WITNESS FEES Subpoena Fee Tendered in the amount of O #9 OTHER Sworn to before me on 4/1/2020 ELlZABETH WOELFEL . NOTARY PUBLIC- STATE OF NEW YORK NO. 01WO6245058 a e Geising Moniq QUALIFIED IN ERIE COUNTY MY COMMISSION EX.PIRES JULY 18, 2023 Esomes PnocESS S ERU CE LLC, P.O. Box 337, LACKAWAN/WA, NY 14218 1 of 1