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HomeMy WebLinkAbout01-03999IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW MELINDA S. FARACE and No. THANE FARACE, husband and wife, D~- 3Cq~ G~ 1170 Poplar Springs Road Ortanna, PA 17353 Plaintiffs vs. NEIL A. NEWMAN 90 South Main Street, Box 719 Biglerville, PA 17307 and CONSTANCE NEWMAN 905 Main Street, Box 769 Biglerville, PA 17307 Defendants TO THE PROTHONOTARY: JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS Issue summons in civil action in the above case. V Writ of Summons shall be issued and forwarded to Sheriff. BLAKEY, YOST, BUPP & HER HNER, LLP Date: ~ ~ ~ D~ _ B Donald B. Hoyt, quire Counsel for Plaintiffs 17 East Market Street York, PA 17401 (717)845-3674 Supreme Ct. I.D. #18061 ****+ To: Ne l l A u ew,Ua,,~ ~- Cn ~ ~A a ~rz /,,~o ~ ~nnAr.~ YOU ARE NOTIk'IED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: ~ ~~ ~~ Prothonotary J By:~z.,~ ~ O~ ~~ Deputy ~~ Q v "~ ~, \_`_9 roc t ,c. n SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03999 P COINMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARACE MELINDA S ET AL VS NEWMAN NEIL A 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 NEWMAN NEIL A but was unable to locate Him .00 37.00 07/19/2001 BLAKEY YOST BUPP & HERSHNER deputized the sheriff of ADAMS County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 19th 2001 this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this ~ day of (; _ ~ ,~' A.D. -~ ~~ ~ ~ P othonotary to wit: in his bailiwick. He therefore So answers: /^ 18.00 9.00 10.00 R homas Kline '~ .00 Sheriff of Cumberland County rn SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03999 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARACE MELINDA S ET AL VS NEWMAN NEIL A 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 NEWMAN CONSTANCE but was unable to locate Her .00 16.00 07/19/2001 BLAKEY YOST BUPP & HERSHNER deputized the sheriff of ADAMS County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 19th 2001 this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this ,~ day 'of ~~~ .A.D. ~~~~ rothonotary to wit: in his bailiwick. He therefore So answ rs: J 6.00 .00 10.00 R. omas Kline .00 Sheriff of Cumberland County _~. In The Court of CoYnmon Pleas of Cuinherland County, P~nnsylvanfla Melinda S. Farace et al SERVE: VS. Neil A. Newman et al Neil A. Newman No. O1 3999 civil Now, Ju1y 1z, zool , I, SHERIFF OF CUM2ERLAND COUNTY, PA, do hereby deputize the Sheriff of Ad~ns deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this ~~~ Sheriff of Cumhertand County, PA Affidavit ®f Serviee Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA ~n 'The Cwaart ~f Cam sae Plus ®f Cuherl~nd C~un9 Pennsyivani~ Melinda S. Farace et al V5. Neil A. Newman et al SERVE° Constance Newman No. O1 3999 civil Now; Ju1y 12, 2001 , I, SHERIFF OF CTJMBERLAIVD COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,~°`, Sheriff of Cumherland County, PA AFf~davit ®f Se~i~~ Now, , 20, at o'clock M. served the within upon at by handing to a and made lalown to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS fOR SERVICE OF PROCESS BV SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this form. Please PROCESS RECEIPT, end AFFIDAVIT OF RETURN ~ g01 tl~etacfeainy copies nAC30 EN Kof all copies. 1. wife 2. 01-3999 Civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: NEIL A. NEWMAN and CONSTANCE NEWMAN Writ of Summons in Civil Action SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR Neil A. Newman 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and 21P CODE) AT 90 South Main Street, Box 719, Biglerville, PA 17307 Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make returri therof according to law. This deputation being made at the request and risk of the plaintiff. B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLV 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 lery or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff herein for any lass, tlestruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Donald B. Hot Es ~ PLAINTIFF (717) 845-3674 Y f Q• ^ DEFENDANT 5PAGE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW TRIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACED Deputy or Clerk and Title 13. Date Received 14. Expiration /Hearing date or complaint as indicatetl above. 15. I hereby CERTIFY end RETURN that I ~ have personally served, ~ have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ^ have postetl the above described property with the writ or complain[ described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., et the atltlress insertetl below by handinglor Posting a TRUE and ATTESTED COPY therof. 16. ~ I hereby tartly and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., nametl above. (See remarks below) 17. Name and title of individual servetl 1a. A person of suitable age and discretion Read Order Constance Newman m her of ' 1 A. then residing in the defendant's usual Pima d abase. ^ ~ 79. Address of-where servetl (complete only if tlifferent then shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 7/16/2001 8:55PM 22. ATTEMPTS Dab MINs Dep.int. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Milos Dep.lnt. Date Mlles Dep.int. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. iEi3~iMEFUND U AD.Atty• ~/G590 ~•~ ~•~LY• ~ $28.20 Pd. 7/18/01 $121.80 Ck. #5716 $~ SO ANSWER . AFFIRMED and subscribed to before me this N A eY (MrYd9 / DeD. Sherlf0 (Please nt a Type) Date day pr James W. Muller 7 16 2001 Signature of Sheriff Date RAYMOND W. NEWMAN 7 16 2001 PrdtrondarylDapYryMglary Publb SHERIFF OF ADAMS COUNTY MY COMMISSION IXPIRES 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROTHONOTARY SHERIFF'S RETURN ®F SERVICE d } (~) The defendant by mailing 40 __ _, the within named _ mail, return receipt requested, postage on the a true and attested copy thereof at The return receipt signed by defendant on the made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at. in the following manner: ( ) (a) to the defendant by ( }registered ( }certified mail, return receipt, requested, postage prepaid, addressee only on the ____________.___________________ said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereta and made a part of this return. And thereafter: ( } (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the ___________`~~_ _ G further certify that after fifteen (15) days from the mailing date, !have not received said envelope back from the Postal Authorities. A certifiraie of mail'ang is' hereto attached as a proof of mailing. { 3) 0y publication in the Adams County Legal Journal, a weekly publication of genera{ circulation in She County of Adams, Commonwealth of Pennsylvania, acid the 4ettysburg Tomes, a daily newspaper published in the County of Adams, Commonwealth cif Pennsylvania and having general circulation in said County for ____._.__.________~___-_ successive weeks of -..___ _ _ _ _ The Affidavits from said Adams County Legal Journal and Gettysburg 'Times, are hereto attached and made part of this return. (4) $y mailing to _ a true and attested copy thereof at mail, returre receipt requested, postage prepaid, on the __- _ - The Authorities marked is hereto attached. (5) Other _ returned by the Postal is hereto attached and R.C.P. 405 (c) (1) {,'r.}, by mailing a true Rx .r, _~. w U .:, a-1 r < ., . a .~ ~ ~~" _ 6,4iyi ~. _ . DATE RECEIVED - DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, 'PENNSYLVANIA COURTHOUSE, GETTY§BURG, PA-17325 _ INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this form. Please PROCESS RECEIPT, anal AFFIDAVIT OF RETURN type or print fegiby, insuring readability of all copies. Do not detach any copies. ACSD ENV.# 1. PLAINTIFF/S/ 3. DEFENDANT/S/ irj CU.i5~1'l~(~']Gr; LS~F~'T``1! SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF'P,fi 8. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) - AT y;) Sautb ivs:i~:a StaPet,;-:cur. 719, t3ig~erv-s Eie, PA 17307 2. COURT NUMBER 01-'3999 Cival 4. TYPE OF WRIT OR COMPLAINT: Writ of 5umrztoTls in CivT.a t~c1,i.~:1 'ERN TO BE LEVIED, ATTACHED OR SOLD. 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ^ PERSON IN CHARGE O DEPUTIZE O CERT. MAIL ^ REGISTERED MAIL ^ POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any-properly under within writ may leave same without a watchman, in custody of whomever-is foupd in possession, attar notifying person of levy or attachment,. without liability on the_part of such deputy or the sheriff to any plaintiff' herein for any loss, destructiori or removal of arty such properly before sheriff's sale thereof. - ~ ~ - 9. SIGNATURE of ATTORNEY-or other ORIGINATOR requesting service on behalf of: - - ~ 10. TELEPHONE NUMBER . ~ 11-. DATE - ...~gl PLAINTIFF ( - ' i.10i}a~:1 7~3. I.10~Cy „?C~. - ^ DEFENDANT 1'I~./~ 8~5°'3~J7~f or compiamt as af:AulhorizeA ACSD 6eputy or Clerk and Title 14. Expiration /Hearing date 15. I hereby CERTIFY and RETURN that I ~ have personally served, ^ have served person in charge, O have legal evidence of service as showh in "Remarks" (on reverse) ^ haJe posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, eta, at the address inserted below by handing/or Posting a TRUE and ATTESTED~COPY therof. 16. O I hereby certity and return a NOT FOUND'becausel am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of tntliviEUSlsarved - - 18:. Aparson.of suitable age and discretlan Read Ofder _ - -"- - - - 'then residing inthe defendant's usual ~-. - } ~ - place of abode: ^ ^ 19. Address of where-served (cornplete only if different than shown above) (Street or RFD, Apartment No.; Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) _ / ` 7Ii~J2~~ij1 s:s~~;j 22. ATTEMPTS Da[s Mibs Dep.lnt. Date Mlles- Dap.lnt. Date Miles 'Dep.lnt. Date Milss Dep.lnt. Date Mlles Dep.lnt. 23. Advance Costs- -24.' ~ 25. 26. - - 27. Total Costs 28. @t4S~~{HEFUND X9 3~D.Atty. .O[? ~3s~.Attya ~ ; $28.20 Pc3. 7 `iS Ol "'i2i,o0 Ck; #57i - ~ _ SD ANSWER: AFFIRMED and-subscribed to before me Mis ~~ - ?sa ~.: mot Type) - Data day of ! =~: ~ T,_ `'.) .~ '~'( azure orSpdriff '^°~ ~',.. Date ~ Prmhantnarymevatrmmary PuNm - ,~ $~IERIEF OF I~Di1MS' COUNTAr`' : ' MY COMMISSION. EXPIRES '= 6'.>. - -- ~ -• ' I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE - a ;; :T~ ' ' ~' 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. ~ ,~;,. .. - y,.~ ~HE,RlF~'S Fi~TC1R[V ~F' EEiti~~~ ( ) (1 }The defendant by maiiing to the within named by--.- ----- rraail, return receipt requested, postage prepaid, on the a true and attested copy thereof at - _._-_-- ---__,__-- -------..-_-- The return receipt signed by ____-___..-___-_-_..-._-----__---- defendant an the _ i:> hereto attached and made a part of this return. { ) { 2) Outside the Commonwealth, pursuant to Pa. R.C.P. ~tt?5 (o} (") {g}, by maiiing a true and attested Dopy thereof at _._-______-_____.____ in the following manner: -------. _. _ ------- ( } (a} to the defendant by ( }registered ( } oertified nsail, return receipt requested, postage pr°epairi, addressee only on the _ said receipt beinlf returned NOT signed by defesrdarrt; but v:ith a rotation by the f'oska[ Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( } {b} Ta the defendant by ordinary mail addressed 4o defes°,dant of same address, with the return address of the sheriff appearing thereon, on the _.__ _-_-__-..-- I further certify that after fifteen {15} days from iFue mailing date, 0 have no%, receivod said enve9ape back from the Postal Authorities. E1. cerkificate o9 rna'siing is hereto attached a:s a proof of maiiing. { } (3) By publication in the Adams County Lega@ Journal, ~~ weekly przbfication of general s:irculatlor, in the County of Adams, Commonwealth of Pennsylvani;~, and ttae Gettysburg Thmes, a daily newspaper published in the County of Adams, Commonwaa€Ifh ~:>f IPennsyivania and having yenerai circulation in said County for __ _.______ successive weeks of _ .______ ___ _ _ _ _ ___ _ ___1`he Affidavits from said Adams County Legal Journal and Gettysburg "rimes, are hereto attached andl made part of this return. { } { 4 } Dy maiiing to_- _-_-_-` _____ by__ -~ -mail, return receipt requested, postage prepaid, on the -___.-.-.-- - -- a true and attested copy thereof at _____ __-- ,____--_` ____ The ---__ y_ __ -returned by the Postal Authdri4ies'marked -------------- ~--_-_-- is hereto attached. ( ) { 5 } Other _ -----___.~.------ -- DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYWANIA COURTHOUSE, GETTYSBURG, PA 77325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV SHERIFF SERVICE THE SHERIFF" on the reverse of the last (NO.5) copy of this farm. Please PROCESS RECEIPT and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies. r Do not detach any copies. ACED ENV.N 1. PLAINTIFFISI - 2. COURT NUMBER 'ti_.~[vi;~t; 5. ~~tL;FiGI: ant; C;iA(u~, FAt2AG~ nusvand and wife QI-3~~9 ~va3 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: i:~ t~, ilkd[`i~u'd anci ~,~JidSTf.idC?"'. ~;;b1P~iA~i 'sdrrt: of SLamtDtas ~n Cst;~i). 't:;'. i /rl SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF-(PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 8. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 3a~ ~~,Lfti~r.aif~~~reetf,:I3ox-71~, ;~i~le~ville, Yia 1%3U7. ~ - 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL O PERSON IN CHARGE O DEPUTIZE ~ CERT. MAIL ~ REGISTERED MAIL O POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upoh or attaching any property untler within writ may leave same whhaut a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wkhout liability on the part of such deputy ar the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. - - 9. SIGNATURE of ATTORNEY or otherORIGINATOR`requesting service an behalf of: - 10. TELyyEPHONE NUMBER 11. DATE !..'OC7t3 ~..C.) ~d SV,y%, ~SCj., ~O DEFIENDANT ~~~~-7/ ~9~J°'.3O~~F t2. I acknowledge receipt of the writ I SIGNATURE of Authorized ACSD Deputy or Clerk and Title - I t3. Date Received 14. Expiration /Hearing date or complaint as indicated above. 15. I hereby CERTIFY and RETURN that I.~1 have personally served, ^ have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above describetl property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on=jhe individual, company, corporation, etc., at the address inserted below by handinglor Posting a TRUE and ATTESTED COPY therof. 16. ~ I hereby Lrertiry antl return a NOT FOUND because I am unable to locate the iddivitlual, tympany, tyrporation, etc., nametl above. (See remarks below) 'q 17. Name antl trite of individual served _ ~. ..,-. - ' ~ - 16. A perso4ol suuable age and discretion Read Order ~ , ~~.,1"uPB Cs3taC~ t~e~snan ttlC) bt3P O~ i'dE9.~ A.. ~t ~ , .. ..---.-.- - - - `.. then resiaina in the Eetendant's usual:. place al mode. o ' ^ 19. Address of where served (complete only if different than shown above) (Street or RFD, Apanmem No., Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 71~ ~>~ 20:1 ~~ , s:~~i" 22. ATTEMPTS pate Mlles Dep.IM, Date Miles Dep.int. Date Mlles Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnt. 23. Atlvance Costs f}', 24. °~ Y 25. 28: 27. Total Costs ' 28.:i~]CHM3CGRREFUND = ~2$.2t3 ~ d. 7/16/x1 :j12i.Si? Ck. i;=57Iu SO ANSWER. _, :, AFFIRMED and subscribed to before me this La/r. :~.:.et. ~4`` . :9 - e(~ae' nt or Type) Date - dey of ..~di, .~ dJ~~2' .~*t ~- _ ~ 143 w,Jt~~~ nature off... ~: ~ ~ Date ,t~r"i1',t` "tY. L 7f3L ?$:`. i' ) ~.U6r.s`.(.14a t1 PrahonoterylDepuryMatary Publk ~. !¢NERI OF)'~M ~ COUNTY -- MY COMMISSION IXPIRES ~"t ~" ~ 4 .~ I ACKNOWLEDfiE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE +r' " ~+.!~? ~ ~ - 39. Date ReceNed OF AUTHORIZED ISSUING AUTNORITV AND TITLE. - "~'° `• ~ „+"^ ~- .-, SHERIFF'S RETURN OF SERVICE ( ) (t) The defendant by mailing to prepaid, a true and attested copy thereof at _ the within named mail, return receipt requested, postage The return receipt signed by defendant on the made a part of this return. { 2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at is hereto attached and R.C.P. 405 {c} {tj (2), by mailing a true in the following manner: ( ) (a) to the defendant by ( )registered ( )certified rroatt, return receipt requested, postage prepaid, addressee only on the _ _ said receipt being returned NOT signed by defendant, but tiaith a natation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b} To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the ___~____ _ _ I further certify that after fifteen (75) days from the malting date, I have aaot received said envelope back from the Postal Authorities. A rertifirate of mailing is hereto attached as a proof of mailing. (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the Ccunty of Adams, Commonwealth of Pennsylvania, and the Gettysburg Tirnes, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for ______ _ successive weeks of _ _ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) ay mailing to _ by mail, return receipt requested, postage prepaid, on the ~ ~_.~ - a true and attested copy thereof at _ _ The returned by the Postal Authorities marked ___ ____.__ is hereto attached. ( ) (5 } Other _____ _ DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED IN87RUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of [he last (NO.5) copy of this form. Please PROCESS RECEIPT, end AFFIDAVIT OF RETURN ~ not detach einy~Inpl~nA~ ElNityrof all copies. 1, PLAINTIFFISI 2. COURT NUMBER MQ.INDA S. FARACE and TL-LANE FARACE, busUand'and wife 01-3999 Civil 3. DEFENDANT/S/ - 4. TYPE OF WRIT OR COMPLAINT: NEIL A. NEWMAN and CONSTANCE NEWMAN rit of Sutlunons in Civ_i_1_ Action_ SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Constance Newman 6. ADDRESS (Street or RFD, Apartment No., Ciry, eoro, Twp., State end ZIP CODE) AT 905 Main Street, Box 769, Biglerville, PA 17307 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ^ PERSON IN CHARGE O DEPUTIZE O CERT. MAIL O REGISTERED MAIL ^ POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. ' SHERIFF OF ADAMS COUNTY S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or edaching any property under within writ may leave same without a watchman, in custody of whomever is fountl in possession, after notirying person of levy or attachment, wtthout liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, desirudipn or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE (717) 845-3674 Donald B. Hoyt, ESq. ^ DEFIENDANT SPACE BELOW OR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorizetl ACED Deputy or Clerk and TRIe 13. Date Received 14. Expiration /Hearing tlate ar complaint as indicatetl above. 15. I hereby CERTIFY and RETURN that I ~ have personally serveq ~ have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described propedy with the writ or complaint described an the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., et the address inserted below by hantling/or Pasting a TRUE and ATTESTED COPY therof. i6. O I hereby certify end return a NOT FOUND because I am unable to locate the individual, tpmpanV. corporation, etc., named above. (See remarks below) 17. Name and title of individual served 16. A person of Suitable age and tliscretion Read Order Constance Newman pleearo ieC~e O defentlent's usual ~ 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODS 90 S. Main St., Biglerville, PA 17307 7/16/2001 8:55PM REMARKS: Cdo such address as 905 Main St., Bi lerville, PA 22. ATTEMPTS Date- Mlles Dep.int. Date Miles Dep.int. Data Mlles Dap.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 23. Advents Costs 24. 25. 28. 27. Total Costs 29. COST DUE OR REFUND SO ANSWER. AFFIRMED and subscribetl to before me this N A ey ($JiiK/Dep. Shadlf) (Please Prinl Type) DetO say tr Jam W. Muller 7 j16j2001 signature of sheriff Date RAYMOND WNEWMAN. 7/16/2001 PrahonotarylDepuryMOtery Public BNERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Receivetl OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROTHONOTARY SHERIFF'S RETl7RN OF SERVN~E; { } { 1 }The defendant by mailing to the wiilhin nama.d _ mail, retuirn receipt requested, postage on the a true and attested copy thereof at The return receipt signed by __--.___ defendant on the __ __ made a part of this return. (2 } Outside the Commonwealth, pursuant to Pa. E.C.P. g106 (c) and attested copy thereof at - _ is hereto attached and (1} {~.), by mailing a true in the following manner: ( ) (a) to the defendant by ( )registered ( )certified mail, return receipt requested, postage prepaid, addressee only on the - Said receipt being returned NOT signed by defendant, but lftlitt! a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: { ) (b) °fo the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the ___________._ __„_y___ I further certify that after fifteen (15} days from the mailing da#e, i have not received Said envelope back from the Postal Authorities. A certificate of mailing is hereto :afitaohed as a proof of mailing. ( ) (3) t3y publication in the Adams County Legal Journal, a weekly publication of genera! circulation in than County of Adams, Commonwealth of Pennsylvania, and the Gett}rsburg Tirraes, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for _. --,--.-- successive weeks of ______ _ _____ The Affidavits from said Adams County Legal Journal and Gettysburg Times,. are hereto attaofsed and made part of this return. { ) { 4) t3y mailing to --`---_--- -- by__ -mail, return receipt requested, postage prepaid, on the -------_-_--- -- a true and attested copy thereof at -___.^_______ _ The Y __ ----returned t,y the Postal ' Authorities marked ~ _ _-----.---- -- is hereto attached. { ) (5) Other -_______ -_ i ~. ~ _ ~,~~f,..~ , r ~..,,..s~span DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG; PA-17325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BV SHERIFF SERVICE THE SHERIFF" on the reverse pf the last (NO. 6) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readabilby of elf copies. Do not detach any copies. ACSD ENV.N 1. PLAINTIFF/SI ~ ' _ 2. COURT NUMBER R3C='i "rt::dlti ,. .+'A14t%sC~l''. anr. I'~#-illidr. F~.RAt'.~la:. h[t~hanr1 Dn~ oTife - Qz°.~iQ9~ ~1's~11 3. DEFENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT: ~•slc:iJ.~ ±~ ~7~`~t~L.~iv 8Tr" GJNST'F~Vt:;ia; tYr:Wt~9t1tV Writ; of Scilnrnons in OiviJ. laei:.:i.c}~ SERVE 6. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF'QROPERTY TO BE LEVIED, ATTACHED OR SOLD. ~OT3 L`12~SsnlaCr 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT (J5 k~~.±~ _~~r~e~,f Sox ~%6"l, 3zglercri.lLey P!~ S7.~G, ,. _ 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL ~ PERSON IN CHARGE ^ DEPUTIZE ^ CERT. MAIL O REGISTERED MAIL ^ POSTED ^ OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLV APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff-levying upon or attaching ariypraperty under within writ may leave same withopt.a watchman, in custody of whomever is found in possession, offer notitying person of levy or attachment, without liability an the part of such deputy or the"sheriff to any plaintiff herein for shy loss, destruction or removal of any such property before sheriff's sale thereof. - ~ - 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: - 10. TELEPHONE NUMBER 11. DATE `-~PIAINTIFF` CJO~fi J.Ci i~1. ;'JO~~, F'rS~`. - ^DEFENDANT '{%17} 1{13°~JI~~~F SPACE-BELOW FOR- USE. OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt df the writ ~ SIGNATURE of Authdnzed ACSD Deputy or Clerk antl Title - 13: Date Received 14. Expiration /Hearing date or complaint as indicated above. 15. I hereby CERFIFY and RETURN that I ~i have personally served, O have served~person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ^ have posted the above described property with the writ or complaint described on the individual, company; corporetiori, etc., at the address shown abovia or on the individual, company, corporation, eto.,at fhe address insertedbelow by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ^ I hereby certify and return a NOT FOUNb because I am unable to locate the igdividual, company, corporation; etc., named above. (See remarks below) 17. Noma and titl9 Of individual served ::OC)St:3RC.° hdG6lCt18T1 19. A peraoo-ot suitable age and discretion ihemresitling iu the defendant'8 uabeP ' plece~ol abode. ^ - Read Drder - ^ 19. Adtlress of where served (complete only if different than shown above) (Street or-RFD, Apartment No., City,.BOro, Twp., State antl Zlp CODE) 20. Date of Service 21. Time ''t.) S, t*~r i;a A p.i1~.I.pI°+Ti ,L J.P., i"~-1 ~.13Lf ~° Nu sn>Ctn address as 905 Nairn St, tai. lexvi3.1~ PFD %J .I.b~~Ulr`l c5`~3~kf'1 22. ATTEMPTS -Date Mlles Dep.lnt. :Date Miles Dep.lnt. Date Mlles Dep.lnt: Dab' Miles Dep.lnt. Date Miles Dep.lnt. 23. Advance Costs 24. 26. 26. - 27. Total Costs ~ 28. COST DUE OR REFUND 30 ANSWER. AFFIRMED and subacribedTO before me this Y ~ n 7 ~~ ~ Pdnto Type) BY,d ~~ ~ ~ Date day ar Jafn ~~11er ~~ ~ I; ~ 7 Ski "EGOS ~/Sure of S$ r Date i~f:Y$Ifst ' WF W .` ~ 7 3b 2UOt Prdhonaary/DepuryMOtuy,Ppblic yy '_- ' -.SJIERIFFabF ~DA~AS @OUNTYi~ . MY COMMISSION EXPIRES ~ I ACKNOWLEDGE RECEIPT OF THE SNERIFF'S RETURN SIGNATURE , ~{ ~, ,~ 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. ;a:. ~" v SHERI~F`~ 6~~Tl~R-~ ~~ ~€~~dl~~ ( ) (1) The defendant by mailing to _., mail, retue~n receipt rega€er;ted, postage on the a true and attested copy thereof at __.__; the rrsithin rsamed The return receipt signed by - defendant on tF,e __ made a part of i:his return. (2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at _` i~ hereto aattacf€ed aired ~i.G,P. ~tfl5 (c~,) (-d1 (t?.), krtt itaasiiing a~ trees in the fallowing manner: ( ) (a) to the defendant by ( )registered ( ) certlitied raaail, rc:tu-'n receipt regr.rested. postage prepaid, addressee only on the __.---._-------.._..__ .. _-_-._.____,__.__-...___-`_..--- said receipt being returned f10T signed by defendant, but v~rlth a ?'iotat@un 'b~g the Postal Author ides that Defendant refused to accept the same. The returned ¢eceipt a€€d ~r,velape i:; atTachecl hereto and made a part of this return. An€i thereafter: ( ) (b) To the defendant by ordinary mat! addressed to defendant at aan~e aFtdress, with the retun: address of the 5herlff appearing thereon, an the ------_--__ -- _.-----,-._„.--- ___-- 1 further s>ertify that after fifteen (15) days from the €taaiting date, !have r€ot received said envelope back from the Poste! Authorities. A~ certifit.atc of ~~~ailing, is hereto ~ytfached as a proofi of mailing. (3) By publication in the Adams Gounty t.egal JournaE; a weekly publicatioe'€ r3; general e,ircuiation in the County of Adams, Commonwealth of Pennsylvarda, and the Oeitysburg Times, a d711y newspaper published in ttre County of Adams, Gommcnwtiaith ,.f Pennsyi~rania and t€aving genes°aB oircula'tion in said Gounty tor- - ------..---___-_-_-_----------.-.__--_-- sucoessive weeks of _____- __ __.._.___--______ ___- _ _ _ _^_ _ __ _____ ~lhe Affidavits from said Adams Gounty Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) By mailing to_- - ----------_-_---- - -- by_- --mall, return reoeifrt requested, postage prepaid, a true and attested Dopy thereof at { ) (5) on the The_ - _______.-._-___~-___returned by the Ponta! Authorities marked is hereto attached. Other_----- -- ------------------------ DATE RECEIVED SHE`RIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED -- INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the lest (NO.5) copy of this form. Please PROCESS RECEIPT, etld AFFIDAVIT OF RETURN ~ not d~ejac ~Iny copies. A DEN mot all copies. 1. PLAINTIFFS/ - 2. COURT NUMBER i.1i~dL~.F~ S. F~i~1~.~: atTd T"x+~At~Z: ~r-1,t+r'tCE iroess;~rt3 aD;J ~~~~f~ f~1-399° tWivil. 3. DEFENDANTIS/ 4. TYPE OF WRIT OR COMPLAINT: iYr.LL A. .si;~~(~~r a:~ tXJisSI'AidC.IJ ~aiv?w~3AiV 1rit. ref StmrTle;~(s in 1wz=r:i€ ;,c (.=.,.,. SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OFRROPERTY TO BE LEVIED, ATTACHED OR SOLD. `~Or3 ;:d~iv'fc'SilTi 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT Sri;S ~~iD ti trot, ~x iS~9, -;33~1~r~ille, r~ S.73Gi 7. INDICATE UNUSUAL SERVICE: ~ PERSONAL O PERSON IN CHARGE O DEPUTIZE O CERT. MAIL O REGISTERED MAIL ~ POSTED O OTHER Now, , I, SHERIFF OF A®AMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE 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, aher notifying person of levy or attachment, without liability on the part of such tlepury or the sheriN to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on bechralf of: 1D. TELEPHONE NUMBER 11.-DATE iYOE`u3~Ci ii. i0' ~ i;5'". fs PLAINTIFF 1j f ^i ^ DEFENDANT ~~~~~ ~'S°?~d'd' SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13.'.Date Received 14. Expiration /Hearing date or complaint as intlicatetl above. 15. I hereby CERTIFY antl RETURN that I~ have personally served, ^ have served person in charge, ^ have legal evidence of service as shown in "Remarks" (on reverse) ^ have postetl the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by bantling/or Pasting a TRUE and ATTESTED COPY therof. 16. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of (ndivitlual served 1e. A pereon of suitable age ane discretion Read Order :.,0liS'i:<3Yt"'.t' 1eC3S+9Hk3T3 - -~ place d~aboade. O petendant's uapel ~ [9. Address of where served'(complete only if different than shown above) (Street or RFD, Apartment No., Ciry, Boro, Twp., 20. Date of Service 21. Time State end ZIP CODE) 'ti+.} :~. i'x?3Ea `~t.s Sit'~' ~2T"J1~.~.8, i?1 a7.1t)j ~/~[3i ~(iSii 2i; 5 `>ii'; , {S: ac~c'ess 9t3S @9ain St. E3i lerviiie IAA . 22. ATTEMPTS Date Mlles Dep.lnt. Dah Mlles Dep.lnt. Date Mlles Dep.IM. Date Mlles Dep.lnt. Date Mlles Dep.lnt. 23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE OR REFUND `' SO ANSWER. AFFIRMED and subscribed to before me this 2t e`i F ,r"' By~ Prlnt Type) y+ , D tlay of .lrOtila ° ~BY' ,p+ ~ ~ l it?/~~~~ - - aeture of ~_," <.g Dat e / / Prottwndery/DepuryMdery Public - / ~. ~.~1ERI F 71Oi~M3 UNYY ~- MY COMMISSK)N EXPIRES S' ~ I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE i,~s:'•, ,~ ~ i ,= , +`~`. 39. Date Received OF AUTHORRED ISSUING AUTNORITV AND TITLE. . ' ~ ; ' , . F : , ~ F'~~: #C'~r~: - i „ --, i .. __ .,, .- SHERIFF'S RETURN OF SERVICE ( ) (1) The the within named mail, return receipt requested, postage is hereto attached and made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at R.C.P. ~tOb {c) (1) {2), by mailing a true in the following manner: ( ) (a) to the defendant by ( )registered ( )certified mail, return receipt requested, postage prepaid, addressee only on the _______.____,___ said receipt heing returned NOT signed by defendant, but with a notatian by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defenidant at same address, with the return address of the Sheriff appearing thereon, on the _______ _ _ I further certify that after fifteen (15) days from the mailing date, 1 have no4 received said envelope back from the Postal Authorities. A rertificate of mailing is hereto attached as a proof of mailing. (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in 4he County of Adams, Commonwealth of Pennsylvania, and the rettysburg Times, a daiily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for ~________.~ __ __ successive weeks of ___ _ The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. (4) By mailing to _ ~_____ by -mail, return receipt requested, postage prepaid, __ on the ~_ defendant by mailing to prepaid, a true and attested copy thereof at The return receipt signed by defendant on the a true and attested copy thereof at The Authorities marked is hereto attached. returned by the Postal ( ) (5) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW MELINDA S. FARACE and No. 01-3999 Civil THANE FARACE, husband and wife, 1170 Poplar Springs Road Ortanna, PA 17353 Plaintiffs vs. NEIL A. NEWMAN 90 South Main Street, Box 719 Biglerville, PA 17307 70RY TRIAL DEMANDED and CONSTANCE NEWMAN 905 Main Street, Box 769 Biglerville, PA 17307 Defendants PRAECIPE TO REMOVE TO THE PROTHONOTARY: Please mark the above-captioned action settled and satisfied. BLAKEY, YOST, BUPP & HERSHNER, LLP Date: ~ ~0 Q ~ By: ~ // ~.- a . Ho Yt~ 9 Counsel for Plaintiffs 17 East Market Street York, PA 17401 (717)845-3674 Supreme Ct. I.D. #18061 ., c `~' ` ' : : ~ cn __ za[~: rn Ze_ I J =_e ~ ~ .~ . ; , i :~ ~~ ~~ - _~ °,<'u.~~. r -~~W+d"sx 1+kY~.7±'~+P$~"~~T'dh+lpiry~ .a. .