HomeMy WebLinkAbout03-3867CHRISTINE L. MILLER, :
Plaintiff :
TWOTON, INCORPORATED, and :
BURGER K1NG CORPORATION, :
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summons against Defendants, Twoton, Incorporated, and Burger
King Corporation, individually. The Writ of Summons should be delivered to the Sheriff for
service upon Defendants, Twoton, Incorporated, and Burger King Corporation.
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Attorney I.D. No. 83894
P.O. Box 5300
3211 North From Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
285628-1
CHKISTINE L. MILLER,
Plaimiff
V.
TWOTON, INCORPORATED, and
BURGER KING CORPORATION,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO:
TO:
WRIT OF SUMMONS
Twoton, Incorporated
9 W. Willow Road
P.O. Box 305
Willow Street, PA 17584
and
Burger King Corporation
c/o C T Corporation System
1635 Market Street
Philadelphia, PA 19103
You are hereby notified that Plaintiff has commenced an action against you.
Dated:
Prothonotary
285628-1
,~ohnson, Duffle, Stewart & Weidner
By: C. Roy W¢idner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendants
CHRISTINE L. MILLER,
Plaintiff
TVVOTON, INC. and BURGER KING
CORPORATION,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3867 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE AND RULE TO FILE COMPLAINT
AND NOW, this ~'~ ""ct'ay September, 2003, enter our appearance for Defendants and issue a rule to
Plaintiff to file a complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros.
By:
d C~RoyWeidner, dr.
RULE TO FILE COMPLAINT
TO THE PLAINTIFF:
,AND NOW, this o~J"day of ,..~)C,~rP_.~C-./t.~ 2003, a Rule is hereby issued to you to file your
complaint in the above-captioned action ~ithin twenty (20) days of the date of service hereof, or suffer
judgment of non pros.
:218928
5774-467
CURTIS R. LONG, PROT["ION/O)TARY
CERTIFICATE OF SERVICE
AND NOW, this ~:~(~ day of September, 2003, the undersigned does hereby certify that she did this
date Serve a copy of the foregoing document upon the other parties of record by causing same to be deposited
in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Andrew W. Norfleet, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Stree!
P.O. Box 5300
Harrisburg, PA 17110-0300
JOHNSON, DUFFLE, STEWART & WEIDNER
t.~- Michelle'"Hag~; -
SHERIFF'S RETURN
CASE NO: 2003-0386"7 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER CHRISTINE L
VS
TOWTON INCORPORATED ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT ,
TWOTON INC
but was unable to locate Them in his bailiwick.
deputized the sheriff of LANCASTER County,
serve the within WRIT OF SUMMONS
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On September 30th 2003 ,
attached return from LANCASTER
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Lancaster Co 34.10
.00
71.10
09/30/2003
METZGER WICKERSHAM
Sworn and subscribed to before me
this ~,~ day of Oa~
A.D.
Prothonot~r~ '
this office was in receipt of the
So answe~r.~: ~/c~ -f y
R{ Thomas Kline
Sheriff of Cumberland County
SHERIFF'S RETURN -
CASE NO: 2003-03867 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER CHRISTINE L
VS
TOWTON INCORPORATED ET AL
OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEPENDANT , to wit:
BURGER KING CORP
but was unable to locate Them in his bailiwick.
deputized the sheriff of PHIL~DELPHIA County,
serve the within WRIT OF SUMMONS
Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On September 30th , 2003 this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Phila Co
6.00
9.00
10.00
116.00
.00
141.00
09/30/2003
METZGER WICKERSHA_M
R. Thomas q(li~e
Sheriff of Cumberland County
Sworn and subscribed to before me
this
day of ~.'a-~.~
Prot honot a~ry~ ,
In The Court of Common Pleas of Cumberland County, Pennsylvania
Christine L. Miller
VS.
Twoton, Incorporated et al
SERVE: Twoton, Incorporated No. 03-3867 civil
August 12, 2003
NOW,
hereby deputize the Sheriff of Lancaster
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County t6 execute this Writ, this
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 ,at
o'clock M. served the
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
Christine L. Miller
VS.
Twoton, Incorporated et al
SERVE: Burger King Corporation No. 03-3867 civil
Now, August 12, 2003 , I, SHERIFF OF CUMBERLAND COLrNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to' execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,200..-TM, at ,~-~'77 o'clock f M. served the
copy of the original
the contents thereofi
Sworn and subscribed before .
/J:.-d- / ~5'~,~L~
/ ~A~SEN~I n N~t~ Public
' ~ M~C~sion Ex, res March 8, 2004
So answers,
COSTS
SERVICE
MILEAGE
AFFIDAVIT
SHERIFF'S OFFIC
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200
SHERIFF' SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
PLAINTIFF/S/
TWOTON INC
SERVEAT
5 NAMEOFINDIVIDUAL, COMPANY, CORPORATION. ETC,TOBESERVED
TWOTON INC
6 ADDRESS(StmetorRFD. ApartmentNo,City, Soro, Twp,StateandZIPCode)
PLEASE TYPE
DO NOT DETACH ANY COPIES.
2 COURT NUMBER
03-3867
4 TYPE OF WRIT OR COMPLAINT
SUMMONS
7 INDICATE UNUSUAL :~ERVICE: [] DEPUTIZE[ [] OTHER
Now, __ 20 ___ , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deput:ation being made at the request and risk of the plaintiff.
SHERIFF OF LANCASTER COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
CUMBERLAND CO
NOTE ONLY APPLICAB[E 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 liaPility on
the Dart of such deputy cr the sheriff to any plaintiff herein for any ~os$, destruction or removal of any such proDerty before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
ANDREW NORFLEET METZGER WICKERSI4-AM KNAUSS RRB 717-238-8187 8/8/03
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF'S OFFICE
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT W~E BELOW THIS LINE
13 1 acknowJedge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearin date
orcomplaintasindicatedabove. I ANNETTE WALTON (717) 295-3609 8/13/03 9/8~(~3
t 6. ~ hereby CERTIFY and RETURN that I [] have personally served, [] have iegai evidence of service as shown in "Remarks", [] have executed as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor-
poration, etc., at the add 'ess inserted below by handing a TRUE and ATTESTED COPY thereof
17 Q I hereby certity and return a NOT FOUND because I am unab;e to locate the individual, company, corporation, etc, named above. (See remarks below)
18 /Ma~_e~and~lb of ,ndh,iduall~ed (if not show. above)(l~atio~hip~E~fenda~Jl)~7 % [19. E~NoSe~tce
20 A d essof ereserved(comDleteo lyifd'ffere tthanshownabove)(St;eeto RFD,Apartmer'4!~l(o~C~ty, BSro,Twp. 21 Date of Service
State and Zip Code)
°"' I '"-
25. Service Costs 26..ofary Cert. 27. Mileago/PostTj~F.
R 15o.oo 3o.,o
30. REMARKS:
31. AFFIRMED and/~l~cril)ed to befor me this ~
MY COMMISSION EXPIRES
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shedff's Office
22 Time
PM
Miles Dap. Int.
~9. COST DUE OR REFUND
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendants
CHRISTINE L. MILLER,
Plaintiff
V.
TWOTON, INC. and BURGER KING
CORPORATION,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3867 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action settled and discontinued, including all counterclaims,
crossclaims and joinders of additional parties.
Andrew~W'. Norfleet ~'~
JOHNSON. DUFFLE, STEVVART & WEIDNER
By: f~-"~ ~-~
~[~::)y VV~--w~l'h~r, Jr.
:226421
5774-467
DISCONTINUANCE CERTIFICATE
AND NOW, ~'~ ~t~. ~l'
suit has been marked as above directed.
PROTHONOTARY
CERTIRCA TE OF SERVICE
AND NOW, this C~5/'day of May, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Andrew W. Norfleet, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-03,00
JOHN,3ON, DUFFLE, STEVVART & WEIDNER