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Home My WebLink About03-4334L1NDA STONE, Plaintiff BRUBACHER EXCAVATING, INC. and ANDREW E. MARTIN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action and forward it to the Sheriff for service. Date: Respectflklly submitted, Supreme Court Id. # 28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiff LINDA STONE, : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. BRUBACHER EXCAVATING, 1NC. : and ANDREW E. MARTIN, : Defendants : CIVIL ACTION - LAW WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: Brubacher Excavating, Inc. 825 Reading Road Bowmansville, PA 17507 Andrew E. Martin 5-C Fairway Road Reading, PA 17607 You are hereby notified that the above-named Plaintiff has commenced an action against you. Date: PROTHONOTARY Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS LINDA STONE Plaintiff Vs. BRUBACHER EXCAVATING, INC. 825 READING ROAD BOWMANSVILLE PA 17507 ANDREW E. MARTIN 5-C FAIRWAY ROAD READING PA 17607 Defendant Court of Common Pleas No. 03-4334 In CivilAction-Law To BRUBACHER EXCAVATING INC. AND ANDREW E.MARTIN: You are hereby notified that LINDA STONE the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date SEPTEMBER ~l 2003 Attorney: Name: RICHARD P MISLITSKY ESQ Address: ONE WEST HIGH ST CURTIS R. LONG Prothonotary . L/ Deputy /-- CARLISLE PA 17013 Attorney for: Plaintiff Telephone: ((717) 241-6363 Supreme Court 1D No. 28123 \05_A\LIA B\TJ M\LLPG\134776UMF\15000\50000 L1NDA STONE, Plaintiff BRUBACHER EXCAVATING, INC. and ANDREW E. MARTIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4334 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendants, Bmbacher Excavating, Inc. and Andrew E. Martin, with respect to the above-referenced matter. DATE: f0C'[-. 7, "~OO3 BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants LINDA STONE, Plaintiff BRUBACHER EXCAVATING, INC. and ANDREW E. MARTIN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4334 : CIVIL ACTION - LAW : JURY TRJAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this r~x~ day of October, 2003, served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Richard P. Mislitsky, Esquire One West High Street PO Box 1290 Carlisle, PA 17013 anne M. Parr - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONE LINDA VS BRUBACHER EXCAVATING INC ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , BRUBACHER EXCAVATING 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 November 12th 2003 , this attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 46.34 .00 83.34 11/12/2003 RICHARD MISLITSKY Sworn and subscribed to before me this /~' day ~LOOB A.D. "/Prothonotary' office was in receipt of So answe .i~.-j~ the ~. Thomas Kfine Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-04334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2tND STONE LINDA VS BRUBACHER EXCAVATING INC ET AL - OUT OF COUNTY Thomas Kline Sheriff or Deputy Sheriff who being a diligent search and , to wit: duly sworn according to law, says, that he made and inquiry for the within named DEFEND~NT MARTIN ANDREW E but was unable to locate Him deputized the sheriff of BERKS serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On November 12th , 2003 attached return from BERKS Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Berks County 21.32 .00 46.32 11/12/2003 RICHARD MISLITSKY Sworn and subscribed to before me this /~ day of~_~ ~k3 A.D. ' / Prothonotary ' ' this office was in receipt of the So answer~se~~- ~ ~.~' R. Th6mas Kline Sheriff of Cumberland County SHERIF 'S 0 FIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ Linda Stone 3 DEFENDANT/S/ SERVE Brubacher Excavating Inc. et al 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED Brubacher Excavating Inc 6 ADDRESS (Streel or RFD, Apartment No., City~.8(,~[o~.Twp, State and ZIP Code) AT 825 Reading Road Bo~nans~,~ PA 17507 7 INDICATE UNUSUAL SERVIC£~ D(DEPUTIZE O OTHER ~l~Tlberland Now, September 9 20 03 , I. SHERIFF OF ~ COUNTY, PA., do he_Leby~:leputize the She~riff el~ I,~ncaster County to execute this Wr. it..~l~...l~_et_urn thereofAm~ng to law. This deputation being made at the request and risk of the plaintiff. '~ ~'~F~_~--'~. ~. 6~ 8. SPECIAL INSTRUCTIONS OR OTHER INFOBMATfON THAT WILL ASSIST IN EXPEDITING SERVICE: CLF~ber.]N~nd PLEASE TYPE DO NOT DETACH ANY COPIES. 2 COURTNUMBER 03-4334 civil 4 TYPE OF WRIT OR COMPLAINT Writ of SurNnons NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,~y property under within writ may leave same wilhout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the pad of such deputy or 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 other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE RICHARD MILITSKY 717-241-6363 9/5/03 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 WRITE BELOW THIS LINE 13. I acknowledge r~c~ipt of the writ [ NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing date or complamt as indicated above f · ANNETTE WALTON (7~j~95-3609 I 9/11/03 I t 0/6/03 16. I hereby CERTIFY and RETURN that I [] have personally served,~l~ave legal ewdence of service as shown in "Remarks", [] have executed as shown in "Remarks",thewritorcomplaintdescribedon heindividual, company, corDora on, ec,a headdressshownaboveoronlhe ndivdua,company, cor- potation, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof 17 f) I hereDy cedify and return a NOT POUND because ~ am unable to locate the individual, company, corporation, etc, named above. (See remarks below) t 8.~!ame and title of individual served (if not shown above) (Relationship ~o Defendant) ~.,,.F/~ ~ I 19. 20 Address of where served (complete only if different than shown above) (Street or RFP, Apartment No., City, Bore, Twp Date 22 Time 31. AFFIRMED and subs ribedto before me this In The Court of Common Pleas of Cumberland County, Pennsylvania Linda Stone VS. Brubacher Excavatin9 Inc. et al SERVE: Andrew E. Martin 03-4334 civil No. NOW, September 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks Courlty to execute this Writ,' this deputation being made at the request and risk of the Plaintiff. Sheriff of Curaberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __. day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 SheriffFax:610-478-6072 Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 03-CIV-4334 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, RICKY SCHLOUCH, Deputy for Bant J. Jozwiak, Sheriffof Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to find ANDREW E. MARTIN, within named defendant, within this bailiwick. NOTE: THE GIVEN ADDRESS APPEARS VACANT. Swom.~t~d subscribed before me this 3~/ day of NOVEMBER, 2003 NOTARIAL SEAL Tammy Rodriguez. Notar~ Public Reading, Berks County My commission expires October 6, 2007 Sheriff's Costs in Above Proceedings $ 75.00 DEPOSIT $ 21.32 ACTUAL COST OF CASE $ 53.68 AMOUNT OF REFUND "NOT FOUND" as to the above named defendant. So AI1swers, All SherifFs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees and the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, P.L. 1072 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS LINDA STONE Plaintiff Vs. BRUBACHER EXCAVATING, INC. 825 READING ROAD BOWMANSVILLE PA 17507 ANDREW E. MARTIN 5-C FAIRWAY ROAD READING PA 17607 Defendant Court of Common Pleas No. 03-4334 In CivilAction-Law To BRUBACHER EXCAVATING INC. AND ANDREW E.MARTIN: You arc hereby notified that LINDA STONE thc Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date SEPTEMBER.~ 2003 Attorney: Name: RICHARD P MISLITSKY ESQ Address: ONE WEST HIGH ST CURTIS R. LONG Prothonotary CARLISLE PA 17013 Attorney for: Plaintiff Telephone: ((717) 241-6363 Supreme Court 1D No. 28123 LINDA STONE, Plaintiff BRUBACHER EXCAVATING, INC. and ANDREW E. MARTIN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : uo. : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter Discontinued and Ended. Date: Richard ~-Mislitsky, Esquir Attorney ID# 28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 Attorney for Plaintiff