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Home My WebLink About01-6191WAYNE F. SHADE TODD T. NEALY, 18 Chestnut Drive Carlisle, Pennsylvania 17013 Plaimiff TAMMY L. SCHMIEDEL, 1265 Fern Road Harrisburg, Pennsylvania 17112 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-/~lq[ CIVIL TERM : PRAECIPE FOR WRIT OF SUMMONS TO: Curtis R. Long, Prothonotary Please issue a Writ of Summons against Defendant TAMMY L. SCHMIEDEL in the above-captioned matter. Date: October 29, 2001 Wayne 4. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland TODD T. NEALY 18 Chestnut Drive Carlisle, PA 17013 TA~Y L. SCHMIEDEL 1265 Fern Road Harrisburg, PA 17112 Court of Conunou Pleas No. 01-6191 Civil Term 19 .... T~m%y L. Schmiedel You are hereby notified that ........ _r_ _~_ _d_ 3_; _ ~e_ _a_~y_ ......................................................................... the Plaintiff has commenced an action in ........ _Ci.v3_l._A~tiOl'l._-__I,~I~ ......................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) October 29, 2001 Prothonotary Deputy t~ SHERIFF'S C~ASE NO: 2001-06191 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEALY TODD T VS SCHMIEDEL T~MMY L RETURN - OUT OF COUNTY 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 , to wit: SCHMIEDEL TAMMY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, serve the within WRIT OF SUMMONS,INTERROGATORIES, AND REQUEST FOR PRODUCTION OFDOCUMS~TS to On November 16th , 2001 this office was in receipt of the attached return from DAUPHIN ~/~omas Kline · ~h~riff of Cumberland County Sheriff's Costs: Docketing Out of County Surcharge dep Dauphin Co 18.00 9.00 10.00 30.50 .00 67.50 ii/16/200i WAYNE SHADE Sworn and subscribed to before me this 24 ~ day of~,~,j · A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin NEALY TODD T vs : SCHMIEDEL TAMMY L Sheriff's Return No. 3135-T - -2001 OTHER COUNTY NO. 01-6191 AND NOW:November 9, SUMMONS, INTERRG. & REQ FOR PROD OF DOC SCHMIEDEL TAMMY L to HER of the original SUMMONS, INTERRG. & REQ FOR PROD OF DOC to him/her the contents thereof at 1265 FERN ROAD HBG, PA 17112-0000 2001 at 12:10PM served the within upon by personally handing 1 true attested copy(ies) and making known Sworn and subscribed to efore me this 9TH day of NOVEMBER, 2001 PROTHONOTARY So Answers, Sheriff ~puty S he~'i f f Sheriff's Costs: $30.50 PD 11/01/2001 RCPT NO 156145 TORO .,In The Court of Common Pleas of Cumberland County, Penmsylvania Todd T. Nealy VS. T~'m%y L. Schniedel SERVE: sane No. 01 6191 civil ]X~OW, October 30, 2001 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNT'Y, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA }',IOW, within AffidavSt of Service ,20 ,at o'clock M. served the 1/pon at by handing to and made known to copy of the original So answers, the contents thereo£ Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE M~LEAGE AFFIDAVIT County, PA WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff V. TAMMY L. SCHMIEDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-6191 CIVIL TERM ; PLAINTIFF'S MOTION TO COMPEL DISCOVERY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff TODD T. NEALY by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Plaintiff TODD T. NEALY is an adult individual who resides at 18 Chesmut Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant TAMMY L. SCHMIEDEL is an adult individual whose last known address was 1265 Fern Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. On or about October 29, 2001, Plaintiff filed a Praecipe for Writ of Summons against Defendant in the above-captioned matter. 4. This case arises from Defendant's breach of a Marriage Settlement Agreement between the parties who were formerly husband and wife. WAYNE F. SHADE Attorney at Law 53 West Pomfret Sa'eet Carlisle, Pennsylvania 17013 o The Writ of Summons and Plaintiff's Interrogatories and Requests for Production of Documents in aid of pleading were served upon Defendant on November 9, 2001. 6. The Interrogatories and Requests for Production of Documents inquired specifically into the facts of the case as necessary to enable Plaintiffto file his Complaint and required responses within thirty days from the date of service thereof. 7. After more than five months, Defendant has provided no responses whatever to the pending discovery. 8. Plaintiff avers that complete responses to his written discovery are absolutely essential to his pleading and advancement of his legitimate claims herein. WHEREFORE, Plaintiff requests that your Honorable Court issue a Rule upon Defendant to show cause, as follows: (a) Why this Motion to Compel Discovery should not be granted and Defendant ordered to file her Ansxvers to Plaintiffs pending written discovery; (b) Why Defendant should not be precluded from introducing evidence in opposition to Plaintiffs claims against Defendant; and -2- WAYNE F. SHADE Atlomcy at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (c) Why Defendant should not be ordered to pay Plaintiffs reasonable counsel fees at the rate of $175 per hour incurred in obtaining an Order compelling discovery and imposing sanctions, if any. Respectfully submitted, Wayr~F. ~h~de, Esquire Attorney for Plaintiff -3- I verify that the statements made in the foregoing Motion to Compel Discovery are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. Dme: May 16, 2002 Todd ~.'N~aly WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff Vo TAMMY L. SCHMIEDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-6191 CIVIL TERM ORDER OF COURT AND NOW, this 1'7 m_ day of May, 2002, upon consideration of the within Motion, it is hereby ordered, as follows: (1) A Rule is issued upon Defendant to show cause why this Motion to Compel Discovery should not be granted and Defendant ordered to file her Answers to Plaintiffs written discovery or suffer the sanctions requested in Plaintiffs prayer for relief; (2) Defendant shall file an Answer to this Motion within ~1~ days of the date of service of this Order; J (3)~1 be held thereon on ~ 6, ,2002, at q~' 0-0 o'clock/~V.M, in Courtroom No. ~7/ , Cumberland County Courthouse, Carlisle, Pennsylvania. Wayne F. Shade, Esquire Attorney for Plaintiff Bradley L. Griffie, Esquire Attorney for Defendant By the Court, Jo TODD T. NEALY, : Plaintiff : : vs. : 01-6191 CIVIL : TAMMY L. SCHNIEDEL, : Defendant : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER AND NOW, this day of May, 2002, on request of the parties, the argument scheduled for June 6, 2002, at 4:00 p.m. is continued generally. BYTHECOURT, Wayne Shade, Esquire For the Plaintiff K~v~. Hess, J. Bradley L. G-riffle, Esquire For the Defendant :rlm W^YNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 TODD T. NEALY, Plaintiff TAMMY L. SCHMIEDEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-6191 CIVIL TERM PRAECIPE TO: Curtis R. Long, Prothonotary Please mark the docket in the above matter discontinued. Date: December 26, 2002 Wayne F/Shade Attorney for Plaintiff