HomeMy WebLinkAbout02-4768ERIC DESROSIERS,
Plaintiff
VS.
THE ESTATE OF ROSS H. SMILEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
OOCK T NO.: 0;-- tt 76'5'
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a writ of summons in the above-captioned action. Writ of Summons shall
be issued and forwarded to the Cumberland County Sheriff, for service upon the
Defendant.
Paula J. McDermott, Esquire
Killian & Gephart, LLP
218 Pine St., P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Signatur~,-~ '
Supreme Court ID No. 46664
Date: September 30, 2002
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAiNTIFF HAS COMMENCED
AN ACTION AGAINST YOU.
Pr~-h0notary
Date: q - ~d 'Od-.
'/15teputy d
ERIC DESROSIERS,
Plaintiff
VS.
THE ESTATE OF ROSS H. SMILEY,
Defendant
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
DOCKET NO.: 02,-- O~C ~' ~
CIVIL ACTION - LAW
LIS PENDENS
TO: THE PROTHONOTARY OF SAID COURT:
Kindly index a Lis Pendens against Defendant, The Estate of Ross H. Smiley's
property located at 101 North Enola Road, East Pennsboro Township, Cumberland
County, Pennsylvania. A property description is attached hereto.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated:
September 30, 2002
Paula J. lCfcDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
DESCRIPTION and RECITAL
ALL THAT CERTAIN piece or parcel of land situate in the Township of East
Pennsboro, County of Cumberland and State of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at the northeasterly extremity of the arc connecting the
westerly line of Enola Road with the northerly line of Susquehanna
Avenue; extending thence southwestwardly on the said arc, curving toward
the right, with a radius of ten feet, a distance of sixteen feet and
fifty-three thousandths of a foot; thence northwestwardly along the said
northerly line of Susquehanna Avenue a line curving toward the right with
a radius of three hundred feet, a distance of one hundred forty-six feet
and seven hundred thirty-three thousandths of a foot; thence north five
degrees nine minutes thirty seconds East sixty-four feet and eight
hundred eight thousandths of a foot; thence south eight-four degrees
fifty minutes thirty seconds East one hundred fifty feet to the said
westerly line of Enola Road, and thence along the same south five degrees
nine minutes thirty seconds West ninety-four and eight hundred
twenty-eight thousandths of a foot to the place of BEGINNING.
HAVING ERECTED THEREON a one story concrete block garage.
BEING Parcel No. 09-14-0832-266.
BEING the same premises which Minnie R. Smiley, et al by Deed dated
September 8, 1942 and recorded in Cumberland County, in Deed Book 12-P,
page 105, conveyed unto Ross H. Smiley.
Ross H. Smiley died November 24, 1993. Letters of Administration D.B.N.
were issued February 16, 2001 to D. R. Smiley in Estate ~77 of 1994.
CERTIFICATE OF SERVICE
On this ~c, Ut day of ~ ~ g ~
,2002, I hereby certify that
I served the foregoing document by directing the Cumberland County Sheriff's Office to
serve a time-stamped copy of the same on the following at the following address:
The Estate of Ross H. Smiley
c/o Donald R. Smiley, Administrator
115 East Columbia Road
Enola, PA 17025
KILLIAN & GEPHART, LLP
Paula J. McDermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
CERTIFICATE OF SERVICE
On this ~oM~- day of .54~~ ,2002, I hereby certify
that I served the foregoing document on the following by depositing a tree and correct
courtesy copy in the United States Mail, postage prepaid, addressed to:
Scott T. Wyland, Esquire
MALATESTA HAWKE & McKEON LLP
Harrisburg Energy Center
100 North Tenth Street
Harrisburg, PA 17101
KILLIAN & GEPHART, LLP
Paula J. M~Dermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
SHERIFF'S RETURN
CASE NO: 2002-04768 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DESROSIERS ERIC
VS
SMILEY ROSS H THE ESTATE OF
REGULAR
RICHARD SMITH Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
SMILEY ROSS H ESTATE OF the
DEFENDANT ,
at C/O DONALD R SMILEY
ENOLA, PA 17025
at 2045:00 HOURS, on the 22nd day of October
115 EAST COLUMBIA ROAD
by handing to
DONALD SMILEY
a true and attested copy of WRIT OF SUMMONS
2002
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 20.70
Affidavit .00
Surcharge 10.00
.00
48.70
Sworn and Subscribed to before
me this ~, -~ day of
A.D.
YP~othonotary ~
So Answers:
R. Thomas Kline
10/24/2002
KILLIA~By: & GE~
~Dep~ty Sheriff
ERIC DESROSIERS,
Pl~ntiff
Vo
THE ESTATE OF ROSS H. SMILEY,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
DOCKET NO.: 02-4768 CIVIL
CIVIL ACTION LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-referenced action "discontinued without prejudice".
DUANE MORRIS LLP
By:
Paula J. l~cDermott, Esq.
Attomey Id. No. 46664
305 North Front Street, 5th Floor
P.O. Box 1003
Harrisburg, PA 17108-1003
(717) 237-5500
Date: May 19, 2003
Attomeys for Plaintiff
HBG\114412.1
CERTIFICATE OF SERVICE
On this 20th day of May, 2003, I, Nora A. Stames, a secretary with the law firm of
Duane, Morals LLP, hereby certify that a tree and correct copy of the foregoing Praecipe to
Discontinue was served upon the following individuals at their respective addresses by U.S. first
class mail, postage prepaid, at Harrisburg, Pennsylvania:
The Estate of Ross H. Smiley
c/o Donald R. Smiley, Administrator
115 East Columbia Road
Enola, PA 17025
Scott T. Wyland, Esquire
Malatesta Hawke & McKeon LLP
Harrisburg Energy Center
100 North Tenth Street
Harrisburg, PA 17101
Nora A. Stames
HBG\114412.1