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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