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Home My WebLink About07-4935MELISSA (ZIMMERMAN) REED, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 2007- W3 5- CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION - LAW Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, MYAH E. OSTEEN and her husband CHARLES R. OSTEEN, and enter my appearance on behalf of the plaintiff, MELISSA (ZIMMERMAN) REED. Please direct the Sheriff to serve the defendant as follows: Myah E. Osteen Charles R. Osteen 53 North Church Street, Apartment 2 Yoe, PA 17313 Respectfully submitted, IRWIN & By: 6Q'WesfPomfret Street, C sle, PA 17013 (717) 249-2353 Supreme Cot?t I.D. No: 25476 August 16, 2007 To: MYAH E. OSTEEN and her husband CHARLES R. OSTEEN You are hereby notified that MELISSA (ZIMMERMAN) REED, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entere gainst you. THO OTARY By: Date: °? , 2007 DEPUTY C7 °" C::' `n n, u ?'i N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED MELISSA ZIMMERMAN VS OSTEEN MYAH E 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 , to wit: OSTEEN MYAH E but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 9th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 - `` Surcharge 10.00 R. Thomas Kline Dep York County 63.84 Sheriff of Cumberland County Postage 1.38 102.22 L- 10/09/2007 MARCUS MCKNIGHT Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04935 P C6MMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED MELISSA ZIMMERMAN VS OSTEEN MYAH E 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 , to wit: OSTEEN CHARLES R but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 9th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16. 00 .?- 10/09/2007 MARCUS MCKNIGHT So answers- R. Thomas Kline Sheriff of Cumberland County )0/'30/07 Sworn and subscribe to before me this day of A. D. 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF S(R ,IC'E' C9AO;L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE DMI TNIM PROCESS RECEIPT and AFFIDAVIT OF RETURN mEAw rym OILY {imE i T u 0 OT flETACH ANY COP 1 PLAINTIFF/S/ 2 COURT NUMBER Melissa Zimneiman Reed 07-4935 civil 4. TYPE OF WRIT OR COMPLAINT, O S U M 3 DEFENDANT/SI y( Myah E. Osteen et al Writ of Summons SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Myah E. Osteen 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO. TWP, STATE AND ZIP CODE) AT 53 North Church Street apt 2 Yoe, PA 17313 7. INDICATE SERVICE' O PERSONAL U PERSON IN CHARGE DEPUTIZE '-1 CERT. MAIL ? 1ST CLASS MAIL U POSTED U OTHER NOW ------August 22 20 I, SHERIFF LINTY, PA, do her by deputize the riff of York COUNTY to execute this Wr ,PAturn them ding to law. This deputization being made at the request and risk of the plaintiff., e SHERIFF OF M=K C NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SET* 0 F C 0 U N T Y Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CO SHERIFF 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 wahout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenfrs sale thereof. e. TYrt NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUREM A R C U S A. M C K N I G HT, III ,10. ff I&QPrfONE NUMBER 11 DATE FILED 60 W. POMFRET ST., CARLISLE, PA 17013 717-249-2353 18-20-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed). CUMBERLAND CO SHERIFF SPACE W3.0W FOR USE OF THE SiEI FF - 00 NOT WIVE Haw TM LM 13. 1 admowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 18-23-2007 19-19-2007 16. EE SERVED: PERSONAL RESIDENCE POSTED ( ) POE ( SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW IT hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS le Time Miles Int, ate Tim Miles In Date Time Miles Int. 199, to Thne Mies Int. Ole Time Mile Int. Dale Time Miles Int. krpl 22. REMARKS: gf Ili A r'rt?u/7' ?.- 75 w . ,tit¢?,q sr• ra,?; - ?,?,P,Pas ? P.4 ?? ?t 3 , r`?1a?r o f -S TVIe Ira kc'z l red' cl + f 4"i A ajd . of a OLA, 0' C, 66 'A I 23. Advance Costs 24. Service Costs 25, N/F 26. Mileage 2 $125.00 , D4 D.00 7,8q 1 34. Foniyn County Costs 35. Advance Costs 36 Service Costs 41. AFFIRMED and subscribed to bet a me this G j 42. day of _ ` ;70 L X81. pw- LISA L. E31-`0, 4= N, 1;vD TAR`! PUBLIC CITY CF'?`' ""nK COUNTY 1BY M.'V 'SS O',! ES AUG. 12, 2009 ostage 26. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tat. Costs 33 Costs Due Check No. `7 0.814 4W?9469 37. Notary Cert 38. Miteage/Posta4~ Found 39. Total Costs 40. Costs Due or Refund 44. Signature of 45. DATE Dep. Sheriff 46. Signature of.York 47. GATE -? county Sheriff 9/25/07 48. Signature or Foreign 49. DATE Cnuntw sh.wiff :ar_ 9E ?a ?Eq lard emu.,., da a -?N i 5bk?'} am.2.. a? m':.$ r I IF iil ?^ ?' r a ?f- d 'r Ptlk° r?,-,J'r -r'n •• f?;' t tr??;* ? a ?jkk,q p, di i?7? A14 . ,CIF ..r -.._ ,_ ff;T.. .C : •. _ ,.fie. ,. s Kr $4.' 434k4:1 Jr1:: a + ,x d„ .-,,f • . i ? ,. , .. ,>'#,?'GsI r ,: s Cf w. s#??,N+."rttt;{B?'??a?99ae?fi 3?2: ? ..r.J'd?b%,r.. {;..? cad.?,]'i ,. ? c: ? ? ?_.._ ?.. 13 Ah' COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF S(R 7)VICE CALL 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE ?? ,,Y ? 1 ,Tl? PROCESS RECEIPT and AFFIDAVIT OF RETURN dA . DETAON MY 12 COPM 1 PLAINTIFF/S/ 2 T R Melissa Zimmerman Reed. - civil 3, DEFENDANT/S/ SERVE AT 4. TYPE OF WRIT OR COMPLAINTW 0 S U M Myah Osteen et al Writ of Sumtons 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Charles R. Osteen - 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO.. CITY. BORO. TWP. STATE AND ZIP CODE) 53 North Church Street Apt 2 Yoe, PA 17313 7. INDICATE SERVICE. U PERSONAL U PERSON IN CHARGE DEPUTIZE U RTwMAI? ?U 1ST CLASS MAIL U POSTED U OTHER NOW August -22, 20 I, SHERIFF OF A COUNTY, PA, do here y deputize the sheriff of York COUNTY to execute this W ' d urn ther ng to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF C94TY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICED U T 0 F C 0 U N T Y Cmberland ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same wMxxn a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE„ C U S A. M C K N I G H T , I I I , 1t. STrEPHONE NUMBER 11 DATE FILED An W- PnMFRFT ST-_ CARLISLE. PA 17013 1717-249-2353 18-20-2007 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 SPACE E"OW FM USE OF THE Si F - 00140T WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 18-23-2007 4V-19 - 2 0 0 7 16. W SERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. E AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21 ATTEMPTS to Tiilme Mi s In . to Time Miles Int. Dale Time Miles Int. D e Time M' Int. D to Time Miles Int. Dale Time Miles Int. 3° (o 0( 31 ?{ ;Sj ? O(i li Sir A 9 ? ? JY D 22. REMARKS: 7S? LJ" AVIA ) 5 7017-,4. Yjl (*- Y 17 *3 -SZ 0j&V "d 0, \ U 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 127. Postage 28. Sub Total 29. Pound 130. Notary 131.Surchg- 32. Tot. Costs 33 Costs flue or Refund Check No 34. Foniyn County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED arO 3ubMf_Itled W. , me ptis A 42d" of _EPT' 20® 4,3 - - - 44. Signature of Dep. Sheriff 45. DATE /NOTARY i N .?. U Li C 46. Signature of York U/ County Sheriff TE I? 12 2009 WILLIAM M HOSE SHERIFF 9/25/07 , 48. Signature of Foreign 49 DATE lk? .1 a#' 11 dj? A i til.x ?? . i ? ?•` e r `:j _ i - -r1 .. r?,'?;? ??, ? , ?'. •.? till 07 fd E-ii It r ' s e o ; V 1: x ' rvr .??: c! r, :,:, 1. s • . 1., - - ?e. qypp.? . b'1 } ... . ? - .. - •. r . nor t.: '3. ri wt, .ri ra # YF'1 s?F ?! &• r { p .E. r , .. ,.: r.t _ :? Jl' fS"i't ro I D ` 4-"? -x ? .krrtx?' p .. ti,...ry.,; . r d x,u o- , J 7'? r 1 Le. . ,1 ry r aY12 n `i,. 1°'S3i3Y-P hD!ia.f 4 it '?. 4 r, ? ,r?:fiPys. tr? ? _ itssa+0.?wr?sirll?lax9#?yrsasixii?.i .?:. ? 'art;' ???.:?3: ?.? : r:! _ .. t?l_ ,_ r•a?, -N;,a, ?;;: w` t , ji? ? • MELISSA (ZEMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reissue the Writ of Summons for service of the following defendants at this address: Charles R. O'Steen Myah E. O'Steen 1109 Stewart Street York, PA 17404-4720 By: Respectfully submitted, IRWIN & McKNIGHT M Les . Mc 'ght, III, Esquire 60 o t Street, Carlisle, PA 17013 (7 53 Supreme Court I.D. No: 25476 Date: November 13, 2007 li?) t1 ° O ' p < Lo L v SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED MELISSA ZIMMERMAN VS OSTEEN MYAH E 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 OSTEEN MYAH E but was unable to locate Her deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 12th , 2007 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 18.00 ?„ Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 30.85 Sheriff of Cumberland County Postage 1.16 69.017 12/12/2007 MARCUS MCKNIGHT Sworn and subscribe to before me this day of to wit. in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY OV CASE NO: 2007-04935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED MELISSA ZIMMERMAN VS OSTEEN MYAH E 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 to wit: OSTEEN CHARLES R but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS On December 12th , 2007 this office was in receipt of1t attached return from YORK Sheriff's Costs: So answe s,-?.-?!' j Docketing 6.00 Out of County .00 - `` Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland Count .00 16. 0 0 ? C?,,, IAII 7/0 -f 12/12/2007 MARCUS MCKNIGHT Sworn and subscribe to before me this day of , I A.D. in his bailiwick. He therefore County, Pennsylvania, to I OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY DO MOT MUCH 2. COURT NUMBER 1 THRU 12 I. rVgmforrow Melissa Zimnennan Reed 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Myah E. Osteen et al Writ of Sutmons W 0 S U M SERVE 5 NZa OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD h E.Osteen 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) AT 1109 Stewart Street York, PA 17404 0 U-e, 7. INDICATE SERVICE 0 PERSONAL U PERSON IN CHARGE DEPUTIZE U CERT. IL U 1ST CLASS MAIL U POSTED U OTHER NOW overn er 2 15 I, SHERIFF OF York COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ a rn thereo •a • g to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attachi an writ without a watchman, in custody of whomever is found in possession, after notifying ng y property under within sheriff may leave same herein for any Ws, destruction, or removal of an Person of levy or attachment without liability on the part of such deputy or the sheriff to any plaintiff any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATUR • , 10. QHONE NUMBER F1D1 TE FILE D 60 W. POMFRET ST., CARLISLE, PA 17013 17-249-2353 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed ii notice is to be mailed). 13 - 2 0 0 7 CUMBERLAND CO SHERIFF SPACE FLOW FOR USE OF THE SHERIFF -=DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Heearing Date or complaint as indicated above. M J M C G I L L Y C S O 11-16-2007' 12-13-2007 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW t7. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) Date !Service 20 Time of Service 21. ATTEMPTS D N Time Miles Int. Date Time Miles Int. Date Time Miles Inc. Date Time Miles Int. Date TDate Time Miles Int It /o 22. REMARKS: DEPUTY TALKED TO NEW OWNERS THEY HAVE BEEN AT ADDRESS FROM SEPT 06, NEW OWNER IS A MR. CHRIS WILLIAMS. 23. Advance Costs 21. Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pon%] 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No. $12 5.0 0 d 10.0 a 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mi etage/PostagetNot Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to bet a me thi 9 t h 42. day of N 0 V .202-743. 44. Signature - . Dep. Sheriff 45. DATE PRO" I NOTARY 46. Signature of York -- County Sheriff 47. DATE WILLIAM M. HOSE, SHERIFF ?J 11-29-2007 48. Signature of Foreign v 49 DATE Count- ShenR 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Shenlfs Office 4. BLUE - Sheriffs Office l? SERVICE CALL (717) 771-9601 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE MTRUCTIOW PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY 1 THRU 12 DO NOT DETACH COPIES 1 PLAINTIFF/S/ URT NUMBER - Melissa Zimmerman Reed 2. CO 07-4935 clvi: 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ W O S U M Myah E. Osteen et al Writ of Stutmons SERVE PIAMt vF murvwuAL, COMPANY, CORPOfiATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Charts R. Oste en 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO CITY, BORO. TWP . STATE AND ZIP CODE) AT 1109 Stewart Street York, P? 17404 / y 7. INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE DEPUTIZE , CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW November 15 , 20 07 1, SHERIFF O Q NTT, PA, do hereby deputize the sheriff of • COUNTY to execute this return 2!92-W"f-8 rding Yor to law. This deputization being made at the request and risk of the plaintiff., R MFRIFF nFJ? - TV 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF C O U ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cunberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy Shen f 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 liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREM A R C U S .M K f 111 ,10. DrSOP.HONE NUMBER 11. DATE FILED 60 WEST POMFRET ST., CARLISLE, PA 17013 17-249-2353 Ill-13-2007 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRM BELOW THIIS UK 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. EpirationlHeann Date or complaint as indicated above. M J M C G I L L Y C S O 111-16-2007 12'-13-200 at 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21 ATTEMPTSI11ate Time Miles I n Date I Time I Miles I Int. I Date I Time I Miles Int I Date Time Miles Int. Date Time Miles Int. Date Time Miles Int 22. REMARKS: I DEF MOVED, DEPUTY TALKED TO NEW OWNERS MR. CHRIS WILLIAMS, HE STATED HE HAS BEEN HERE AT THIS ADDRESS FROM SEPT 06. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscribed to bet me this SO ANSWERS . f N 0 V 12 d 0 44. Signature of 45. DATE . ay o 20 43. r Dep. sheriQ PRf?fiMt -I NOTARY 46. Signature of York 47. DATE County Shenff WILLIAM M. HOSE SHERIFF - QZ 48. Signature of Foreign 49. DATE County Sheriff Vr ' 3JIIZ- J RC I VRR JIVPIN I`°? R? ?RC51, DATE RECEIVED RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I. D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jm@jdsw.com MELISSA (ZIMMERMAN) REED, Plaintiff V. Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4935 Civil Term MYAH E. OSTEEN, and her husband, CIVIL ACTION - LAW CHARLES R. OSTEEN, : Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendants Myah E. and Charles R. Osteen in the above-captioned matter. Date: November 9, 2009 382544 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Z_ 41 Joh,A R. Nin-osk)( Esquire A rney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants i CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 9, 2009: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By 4AA?.e[Ada-`- 1A J n R. inosky FILED- m?fr pr?r•.r? ?.. ,;('^' ,DF _ ffii 2009 P cGV 10 P3 12. 0 JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jm@jdsw.com c7 rv Counsel fqr- efenOts , c 7 a ? i MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-4935 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER By Date: November 9, 2009 Jbhn R. Ninosky, Esquire RULE TO: Plaintiff Melissa (Zimmerman) Reed c/o Marcus A. McKnight, III, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: !?li%9 s / dA?- c4n-X-0 Pr honotary bkB CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 9, 2009: Marcus A. McKnight, 111, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By Jo n R. Nin sky 20U9 NOV 10 F1112: G5 r MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, this 4`" day of December 2009, comes the Plaintiff, MELISSA (ZIMMERMAN) REED, by her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendant, MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN: 1. The Plaintiff is Melissa (Zimmerman) Reed, an adult individual residing at 512 Palm Beach Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendants, Myah E. Osteen and her husband, Charles R. Osteen, adult individuals residing at 1109 Stewart Street, York, York County, Pennsylvania 17404-4720. 3. On August 24, 2005, at approximately 7:30 a.m., the Plaintiff was traveling to work at the Pennsylvania Department of Transportation building in Harrisburg, Pennsylvania. 4. On Route 581, traveling eastbound, the Plaintiff began to slow for traffic in front of her when she was struck from behind by a vehicle driven by the Defendant, Charles R. Osteen. 3 5. The Plaintiff was injured in the collision and was taken by ambulance to Holy Spirit Hospital. The Plaintiff's injuries included her neck and shoulders. 6. The actions of the Defendant were the proximate cause of the injuries to the Plaintiff. 7. The Defendant was negligent, reckless and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid a collision; b. He was operating his vehicle in an unsafe and careless manner; He was not paying attention to traffic on the highway; d. He failed to drive his vehicle at a safe speed; and e. He failed to provide any warning of the pending collision to the Plaintiff. f. He failed to leave sufficient distance between his vehicle and the Plaintiff to slow and stop safely. 8. The Plaintiff seeks compensation for the pain and suffering, lost wages, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses she will incur in these areas from the Defendant. 9. The Plaintiff seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her injuries and any lost income from her work which occurred or will occur as a result of the injuries she sustained in the accident. 4 10. The Plaintiff neck injuries have caused limitations of motion and use of her neck. 11. The Defendant, Charles R. Osteen, was acting on behalf of his wife as her agent at the time of the collision. She is therefore responsible for his negligent actions while operating their jointly owned vehicle. WHEREFORE, the Plaintiff, Melissa (Zimmerman) Reed, requests compensation and punitive damages from the Defendants in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with punitive damages and interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT. P.C. By: cus A. McKnight,'??I5 60 West Pomfret Street \ Carlisle, Pennsylvania 17013 249-2353 Suprem I.D. No. 25476 Attorney for p am i Date: December 4, 2009 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MELISSA (Z MERMAN REED Date: December 4, 2009 6 MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John R. Ninosky, Esq. Johnson Duffle Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 By: Date: D Q c- e'rn L ?,-L 4, 2-0 -0 7 IRWIN & McKNIGHT, P X Ma cis A. Mcnight, I, Esquire 60 est Pomfret KStreet Carlis PA 17013 (717) 24 53 Supreme Court 476 7 ?r?Lw f Yr ? ^,T r-? T1 'r? V' CI - JOHNSON, DUFFLE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN, Defendants NO. 07-4935 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PL'AINTIFF'S COMPLAINT AND NOW, come the Defendants, by and through their counsel, Johnson, Duffie, Stewart & Weidner, P.C., who file these Preliminary Objections to Plaintiffs Complaint by respectfully stating the following: 1. This matter was commenced with the filing of a Writ of Summons on August 20, 2007. See, Docket entries attached hereto as Exhibit A. 2. Service of the Writ of Summons was not effectuated. See, Exhibit A. 3. The Writ of Summons was reissued via Praecipe on November 13, 2007. See, Exhibit A. 4. Service of the Writ of Summons was not made at any point upon the Defendants. See, Exhibit A. 5. Pennsylvania Rule of Civil Procedure 400(a) requires that service of original process be made by the Sheriff. Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 6. The Sheriff did not effectuate service in this matter. 7. Counsel entered an appearance for Defendants, and a Rule to file a Complaint was issued on November 10, 2009. See, Exhibit A. 8. Plaintiff filed her Complaint on December 4, 2009. A copy of the Complaint is attached hereto as Exhibit B. 9. This matter arises from an automobile accident which occurred on August 24, 2005. See, Exhibit B, ¶¶ 3, 4 and 5. 10. Plaintiff alleges her vehicle was struck from behind by a vehicle operated by Charles R. Osteen. See, Exhibit B, 14. 11. Plaintiff has requested the imposition of punitive damages. See, Exhibit B. 12. Paragraph 12 of the Complaint states, "The Defendant, Charles R. Osteen, was acting on behalf of his wife as her agent at the time of the collision. She is therefore responsible for his negligent actions while operating their jointly owned vehicle." 13. There are no facts alleged to support the legal conclusion that Charles Osteen was the agent of Myah Osteen. Preliminary Objections Based Upon a Violation of Pa.R.C.P. 400(a) 14. Pennsylvania Rule of Civil Procedure 1028(a)(1) states, Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint. 15. Original service was not made by the Sheriff. Therefore, Pa.R.C.P. 400(a) has been violated. 16. The applicable statute of limitations has expired. 17. Therefore, it is respectfully requested that Plaintiff's Complaint be stricken with prejudice. Demurrer as to Plaintiffs Cause of Action Against Mvah E. Osteen as well as Plaintiff's Claim for Punitive Damaoes 18. Alternatively, Pennsylvania Rule of Civil Procedure 1028(a)(4) states, "Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: legal insufficiency of a pleading (demurrer)." 19. Plaintiff has asserted no facts which demonstrate a viable cause of action against Myah Osteen. Co-ownership of a vehicle, without more, does not impose liability. 20. Plaintiff's Complaint fails to state a claim against Myah Osteen. Therefore, it is respectfully requested that a demurrer be entered in favor of Myah Osteen. 21. Further alternatively, Plaintiff has not demonstrated sufficient facts to permit the imposition of punitive damages against Defendants. 22. Therefore, it is respectfully requested that this Honorable Court enter a demurrer to Plaintiff's request for the imposition of punitive damages. WHEREFORE, Defendant respectfully requests that this Honorable Court sustain punitive damages and that this Court strike Plaintiff's Complaint with prejudice. Alternatively, it is respectfully requested that a demurrer be entered as to Plaintiff's alleged claim asserted against Myah E. Osteen. Further, it is respectfully requested that a demurrer be entered to Plaintiff's request for the imposition of punitive damages. Respectfully submitted, JOHNSON, FIE, STEWA T & WEIDNER By: John . Nino ky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: December 17, 2009 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 17, 2009: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By -4Z &?aa Jo /n R. Ninosky EXH?B?T A 121 5/22PO ._d:a2 7172406573 PROTHCNOTARY C LCNG PAGE 92103 pyS511 Cumberlan4 CoLtse p rothonotary's Office Page ? c I ?007-04935 REED MELISSA. Z IMMERMAN I (VS ) OSTEEN MYAH E ET AL Reference No..: Case Type ...... WRIT OF SUMMONS Judgme..... : .00 Judge Assigned.: Disposed DesC : ------- --- Case Comments ------ **W**k+k*W1?*Wk*WIt*W**-k9?e*W7k*?C7?*W?Ir?F9Y' General Index REED MELISSA ZIMMERMAN OSTEEN MYAH E 53 NORTH CURCH STREET APARTMENT 2 YOE PA 17313 OSTEEN CHARLES R 53 NORTH LURCH STREET APARTMENT 2 YOE PA 17313 Filed......... 8/20/2007 Time.......... 2:31 Executiq)n Date 0/00/0000 Juxy Trial.... Disposed Date. 0/00/0000 ------ Highheer Crt 2.. Attorney Info AINTIFF MCKNIGHT MARCUS A III NINOSKY JOHN R NZNOSKY JOHN R *'k**WtritWttirir?rrk,?tktk*Wak+tk9t*tkk+k*?r*k?tr+ir* x?k*YC**ie***k+t****tk**?Y*****1e**ltk*k4iFW?t*Wk*Wlr**?e+k* * Date icW+kir'k?'**'k** Entries W+4*ie71r**dtlc'k'k 'k*1k'kk*1k*k91'k tt'**5k7F+tk'!4!'*7k*****9e?4*W?r*W'k*W'dC*iC**W*7k1'*'k*'k1k*W71'*?tfY FIRST ENTRY - - ? _ 8/20/2007 p L OF SUMMONS &MM N LF QI I I K I ARCU FI ISSUED ED B F I N S FOOR MC I ES OHT P - - - - - ' "?_-___ - 10/09/2007 SHERIFF'S Case Type: RET FILE WRIT OF S D FILED, ONS Ret Type.: Out of County Case Tyke: nt Liti WRIT OF S OSTEEN MY ONS Ret Type.: Out of County E .: ga Address-: Cte/St/Z 53 NORTH L YOE PA 17 URCH STREET APARTMENT 2 313 NOT FOUND 9/07/07 County Nm : YORk Ret Date.. Costs .. . 10009/200 Pa 2 2 2 $1 10:00 AM 1.0/09/2007 MCKNIGHT MARCUS By . . - - _ - - --^------^----- - - _ _- 10/09/2007 SHERIFF'S FILE RE ED FILED. Cage Type: WRIT OF S ONS Ret Type.: Out of County Case Type: WRIT OF SU MMONS Ret Type.: Out of County Litigant : OSTEEN C LES R ET APARTMENT 2 T C Address..: 53 NORTH HUR H S RE Cty/St/Z : m YOE PA 17 313 NOT FOUND : County N YO 0 0 Ret Date.: Costs___.: 09/20 1 Qa? 16.00 10:00 AM - -----^-r-_- 10/09/2007 MCKNIGHT By _MARCUS 11/13/2007 - PRAECIPE-FOP. REISSUAb -_ -- - - ' CE OF WRIT OF SUMMONS - BY MARCUS A MCKNIGHT ESQ FOR PLFF III ------------------------ 12/12/2007 - - SHERIFF-S - ---- FILE RETURN ---------------------- ED FILED. Case Type: WRIT OF S ONS Ret Type.: Out of County MM Case Type : Liti an WRIT OF ST OSTEEN MX MONS Ret Type.: Out of County JMM E g Address..: 1109 STEWA RT STREET SERVED: NOT FOUND Cty/St/Z : Nm YORK, PA Y K 7404 County : OR Ret Date.: 12/122007 10:00 AM ...... P . Pd ' 9 y 12/12/2007 B MARCUS O 9 6 D SS Y? T TALK D UTX T0 NE-W-I D - T ' FR /0 HAVE BEENATAD RE M OWNERS - THE ------------------------------------ LED E - F 12/12/2007 SHERIFF S RE URN FILE I - D Case Type: WRIT OF S UMMONS Ret Type.: Out of County Case TTyyp?e: WRIT OF SU MMONS Ret Type.: Out of County t igant.: OSTEEN CHA RLES R d ss..: Ad 1109 STEWA RT STREET SERVED NOT FOUND Cty/St/Zp: YORK, PA 1 7404 County Nm: YORK Date.: s C 6 2 7 A CU o ts. $1 Pd .00 US MCKNIGHT 12/12/2007 RC By: M 12/15/2009 14:??2 7172406573 ru - PRO O` 0 ARY C -ONG PAGE 83/03 PY9511 Cumberland Co my Prothonotary's Office Page 2 Civil Case Print ?007-04935 REED MELISSA ZIMMERMAN (vs) OSTEEN MYAH E ET AL Reference No... Filed......... 8/20/2007 Case T e..... WRIT OF SUMMONS Time... 2:31 Judgment..... .00 Execution ?Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed DesC.: pisosed Date. 0/00/0000 -------- Case Comments ------ -- -- Higger Crt 1.: Hi her Crt 2.; DEF MOVED DEPUTY T KED TO NEW OWNERS FIE HAS BEEN HERE SINCE 9/05 11/10/2009 PFtAECIPE FOR-ENTRY OF ^PPEARANCE-FOR-DEFT --BY JOHN-R NINOSKY ESQ - -- I>/10/2009 PI2AECIPE FOR RULE TO ILE COMPLAINT - BY JOHN-R NINOSKY ATTY-FOR DEFTS 11/10/2009 RULE TO FILE COMPLAINTi - BY CURTIS R LONG PROTHONOTARY - - - ----- -- ------------r ----- ---------------- ------------------ 12/04/2009 COMPLAINT - BY MARCUS IA MCKNIG14T III ATTY FOR PLFF - - - - - - - - - - - - LAST ENTRY - - -- - - - - - - - - - - - * iscrow Information * Fees & Debits BeV Bal P?rmts/A,d' End Bat WRIT OF S[71V!MONS 55 00 55.00 .00 TAX ON WRIT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 3,0.00 10.00 .00 REISSUE 10.00 ---- - - 10.00 .00 - -- ------ 88.50 --------- --- 88.50 --------- .00 * End of Case Information f,V.01611 g MELISSA (ZIMMERMAN) REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007- 4935 CIVIL TERM ` N . _ _- sera -TI E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION - LAW Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 MELISSA (ZIMMERMAN) REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007- 4935 CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, this 4 h day of December 2009, comes the Plaintiff, MELISSA (ZIMMERMAN) REED, by her attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendant, MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN: 1. The Plaintiff is Melissa (Zimmerman) Reed, an adult individual residing at 512 Palm Beach Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendants, Myah E. Osteen and her husband, Charles R. Osteen, adult individuals residing at 1109 Stewart Street, York, York County, Pennsylvania 17404-4720. 3. On August 24, 2005, at approximately 7:30 a.m., the Plaintiff was traveling to work at the Pennsylvania Department of Transportation building in Harrisburg, Pennsylvania. 4. On Route 581, traveling eastbound, the Plaintiff began to slow for traffic in front of her when she was struck from behind by a vehicle driven by the Defendant, Charles R. Osteen. 3 5. The Plaintiff was injured in the collision and was taken by ambulance to Holy Spirit Hospital. The Plaintiff s injuries included her neck and shoulders. 6. The actions of the Defendant were the proximate cause of the injuries to the Plaintiff. 7. The Defendant was negligent, reckless and careless as follows: a. He failed to maintain his vehicle under proper control in an effort to avoid a collision; b. He was operating his vehicle in an unsafe and careless manner; C. He was not paying attention to traffic on the highway; d. He failed to drive his vehicle at a safe speed; and e. He failed to provide any warning of the pending collision to the Plaintiff. f. He failed to leave sufficient distance between his vehicle and the Plaintiff to slow and stop safely. 8. The Plaintiff seeks compensation for the pain and suffering, lost wages, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses she will incur in these areas from the Defendant. 9. The Plaintiff seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her injuries and any lost income from her work which occurred or will occur as a result of the injuries she sustained in the accident. 4 10. The Plaintiff neck injuries have caused limitations of motion and use of her neck. 11. The Defendant, Charles R. Osteen, was acting on behalf of his wife as her agent at the time of the collision. She is therefore responsible for his negligent actions while operating their jointly owned vehicle. WHEREFORE, the Plaintiff, Melissa (Zimmerman) Reed, requests compensation and punitive damages from the Defendants in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with punitive damages and interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT. P.C. By: cus A. McKnight, 60 West Pomfret Street Carlisle, Pennsylvania 17013 249-2353 Suprem I.D. No. 25476 Attorney for p am i Date: December 4, 2009 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MELISSA (Z RMAl) REED Date: December 4, 2009 6 MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John R. Ninosky, Esq. Johnson Duffie Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 IRWIN & McKNIGHT, P By: Ma c s A. McKni ht, I, Esquire 60 est Pomfret Street Canis PA 17013 (717) 24 53 Supreme Court 476 Date: -E) ec Q ,,- 4, 20 C19 7 G? T? ;:?)TARY ? i 2,q 09 0 C 18 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) MELISSA (ZIMMERMAN) REED, Plaintiff vs. MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN, Defendants No. 074935, Civil Term State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections Identify counsel who will argue cases: (a) for plaintiffs: Marcus A. McKnight. III. Esquire. Irwin & McKnight. 60 W. Pomfret St.. Carlisle. PA 17013 (Name and Address) (b) for defendants: John R. Ninosky, P.O. Box 109. Lemoyne. PA 17403 (Counsel for Defendants (Name and Address 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 17, 2010 ??4.VL44 Sign re John R. Ninosky Print your name Attorney for Defendants Date: December 22, 2009 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. l' 4-- P-- t? - t ; T P. El?9 QEC 2 3 PI 1 2, • S5 I #3. MELISSA (ZIMMERMAN) REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MYAH E. OSTEEN & her husband NO. 2007 - 4935 CIVIL TERM CHARLES R. OSTEEN, Defendants C -- ;"i IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE GUIDO, MASLAND, JJ. ORDER OF COURT AND NOW, this 22ND day of FEBRUARY, 2010, after having reviewed the briefs filed by the parties in support of their respective positions the Defendants' Preliminary Objections are GRANTED in part and DENIED in part. The claim for punitive damages is STRICKEN1 and the demurrer of Defendant Myah E. Osteen is SUSTAINED. In all other respects the preliminary objections are DENIED. 4th , Edward E. Guido, J. Marcus A. McKnight, Esquire John R. Ninosky, Esquire Court Administrator -6CEcL t;o -+ L`i? :sld The plaintiff agreed that the punitive damage claim was improvidently raised. (:O 1 izs mat LL A E[?- ??_ i r t, APY 201U V'A;; 1 1 P1 3: Z$ JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN, Defendants NOTICE TO PLEAD TO: Melissa (Zimmerman) Reed and her counsel, Marcus A. McKnight, III, Esquire NO. 07-4935 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU ARE REQUIRED to plead to the within Answer with New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By: 4?44"A Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 Date: March 10, 2010 Counsel for Defendant CUm ?'{pirise?for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com Counsel for Defendant MELISSA (ZIMMERMAN) REED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-4935 Civil Term MYAH E. OSTEEN, and her husband, CIVIL ACTION - LAW CHARLES R. OSTEEN, : Defendants JURY TRIAL DEMANDED CHARLES R. OSTEEN'S ANSWER WITH NEW MATTER AND NOW, comes Charles R. Osteen, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, Mr. Osteen is without sufficient knowledge or information to form a belief as to the truth of this averment. The same are therefore denied, and strict proof demanded at the time of trial. 2. Admitted in part, denied in part It is admitted that Mr. Osteen is an adult individual. It is denied that he is currently married to Myah E. Osteen or that they live at 1109 Stewart Street, York, Pennsylvania. 3-10. Denied. The averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. It is specifically denied that Mr. Osteen was acting as an agent or Myah Osteen at the time of the alleged accident. Moreover, Myah Osteen was dismissed from this action by Order dated February 22, 2010. WHEREFORE, Mr. Osteen respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. NEW MATTER 12. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 13. Charles Osteen was never served with Plaintiff's Complaint pursuant to the Pennsylvania Rules of Civil Procedure. 14. Plaintiff did not undertake good faith efforts to effectuate service of the Complaint upon Mr. Osteen. 15. Plaintiff's claim is barred by the applicable statute of limitations. 16. Plaintiff's claim for punitive damages was dismissed by Order dated February 22, 2010. 17. Plaintiff's claims and/or recoverable damages are limited or barred by her selection of the limited tort option for her automobile insurance coverage. 18. Plaintiff may have failed to mitigate her damages with any responsibility or liability on the part of Mr. Osteen being expressly denied. 19. Plaintiff's claims and or alleged losses may be limited and or barred by her own comparative negligence. 20. Mr. Osteen is entitled to a set off for any underinsured motorists benefits received by Plaintiff prior to verdict in this case. 2 WHEREFORE, Mr. Osteen respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 44&4v,?? Jo R. Ninosky, Esquire At orney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: March 10, 2010 Counsel for Defendant 394726 3 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) John R. Ninosky, Esquire, states that he is the attorney for the parties filing the foregoing Answer with New Matterand that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. AVZ?11? Joh R. Ninosky, Esquire Attorney for Defendant Date: March 10, 2010 345785 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 10, 2010: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By 444 V Jo 6n R. Ninosky 2313 ?.% v;0 11 2• a ? i? ,.,' l.r _.iv! F MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, MELISSA (ZIMMERMAN) REED, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer to New Matter of the Defendant, Charles R. Osteen: 12. The averments of fact contained in the Complaint in paragraphs one (1) through eleven (11) are hereby incorporated by reference and made a part of this Answer to New Matter. A cause of action is stated in the Complaint seeking damages based upon the negligence of the Defendant, Charles R. Osteen. 13. The averments of fact contained in paragraph thirteen (13) of the New Matter are admitted in part and denied in part. The Sheriff has not been able to serve the Defendant, Charles E. Osteen, despite the Plaintiff's efforts to locate him. It never had been an issue and the Defendant has waived it by failing to raise it. 14. The averments of fact contained in paragraph fourteen (14) of the New Matter are specifically denied. On the contrary, the Defendant has undertaken good faith efforts to locate the Defendant, Charles E. Osteen. Those efforts have been compromised in part because the Defendant's counsel did not raise any concern until well after a formal Complaint was filed. 15. The averments of fact contained in paragraph fifteen (15) of the New Matter are specifically denied. On the contrary, the action against the Defendant, Charles E. Osteen, was filed within the Statute of Limitations. 16. The averments of paragraph sixteen (16) of the New Matter are admitted. 17. The averments of fact contained in paragraph seventeen (17) of the New Matter are specifically denied. On the contrary, although the Plaintiff does have an automobile insurance policy with limited tort, her injuries and treatment have met the threshold for which she is now entitled to prove and claim all her damages. 18. The averments of fact contained in paragraph eighteen (18) of the New Matter are specifically denied. On the contrary, the Plaintiff took every measure to minimize the impact and the injuries she sustained in the collision. 19. The averments of fact contained in paragraph nineteen (19) of the New Matter are specifically denied. On the contrary, the collision was caused by the negligent actions of the Defendant, Charles R. Osteen. It is specifically denied that the Plaintiff contributed to the causation of the collision. 2 20. The averments of fact contained in paragraph twenty (20) of the New Matter are specifically denied. On the contrary, the Plaintiff has not received any underinsured benefits from her own policy. WHEREFORE, the Plaintiff requests compensation from the Defendant, Charles R. Osteen, in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with costs and interest as permitted by law. Respectfully Submitted, IRWIN &AIcKNWYHT, P.C. By: Marcus 1k. Mc igh , III, Esquire Supreme Court I A# J2476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: March 30, 2010 3 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Marcus ]1. Mc"ight\ III, Esquire Date: March 30, 2010 MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John R. Ninosky, Esq. Johnson Duffle Stewart & Weidner 301 Market Street P. O. BOX 109 Lemoyne, PA 17043-0109 IRWIN , P.C. By: Marcus . McKni t I? Esquire 60 West P mfret Stre 17013 Carlisle, Pit (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 30, 2010 MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO DAVID D. BUELL, PROTHONOTARY: ci C.J cr+ Gr% Please reissue the Writ of Summons for service of the following defendant at this address: Charles R. O'Steen 406 Earl Drive Goldsboro, North Carolina 27530 By: Date: March 31, 2010 Respectfully submitted, IRWIN & 60 West Pomfret St?isle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 0J' it) . n F rI ?` .? 39 ?Sy RLEU-C ri C'E 'HE Pq *DTr CN0TARY 2010 APR -7 Phi 2: 417 CUkfal..: _. , '?a'. JNTY r ENINSYLVv, M MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants $io.6ofd- C-ttr ck'07 6str ,? 2yar?y : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case originally filed on December 4, 2009. By: 60 West Pomfret Ktrwt' Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Attorney for Plaintiff Date: April 7, 2010 Respectfully submitted, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 59 Chief Deputy ti Edward L Schorpp??` Y Solicitor OF CE • -..E S-ERIFF Melissa Zimmerman Reed Case Number vs. Charles R. Osteen 2007-4935 SHERIFF'S RETURN OF SERVICE 04/09/2010 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons and Notice by certified mail, return receipt requested to Charles R. Osteen. 05/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons and Notice upon the within named defendant, Charles R. Osteen, in the following manner: On April 9, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons and Notice to the defendant's last known address of 406 Earl Drive, Goldsboro, NC 27530. The certified mail return receipt card was received by the Cumberland County Sheriffs Office as "Unclaimed" "Return to Sender" by The United States Postal Service on May 3, 2010. SHERIFF COST: $39.15 May 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;c') CountySuite Sheriff. Teleosoft. Inc. V ?? y 0. F 0; ? al Ui z O f _ w m -' ! 4 f I - C n ? -? m z i r b moz j r a •{D-i t i 0140 Yr q m r ° ° 0 o z ? v O ? ta} 0 , ? 0 1% llf 0 Cl) C: d: a o C) Z T c m O V) Cl) ?n ?mtAW m X r o ?.D -w Z wW 0 M M W 2 n O CL 0) 2) ° Co m = Cr 0) CD o ?-?---- O ? Cl) ..? W ` C ? nm Url V ? ? :J1 Q rr V Q y o N uwr?D ? rn D `? 9a n 0 ? ay ti, E N SID 0 D ? S O C, i W O O I TO Z? AUG 24 PM 2? 59 1?d MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case originally filed on December 4, 2009 and reinstated on April 7, 2010. Date: August 24, 2010 Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcus . McKn' , III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Attorney for Plaintiff aw-0 M- I 10 AUG 24 PI4 3: 01 , MELISSA (ZIMMERMAN) REED • IN + URT OF COMMON PLEAS OF AND COUNTY, PENNSYLVANIA Plaintiff v. 2007- 4935 CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION - LAW Defendants PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for service of the following defendant at this address: Charles R. O'Steen 406 Earl Drive Goldsboro, North Carolina 27530 Respectfully submitted, IRWIN & McKNIGHT, P.C By: o?6 Marc A. McKnight, III, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.U. No: 25476 Date: August 24, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F ! F?= s'CF ????'?• T Jody S Smith -4 Chief Deputy L i p 24 s?i 3a P ! U Richard W Stewart SOi/CltOr OFF: ?rFF ? s CO3(?'4I e 1 J ?, M' I lj 1 ?8 d. Yt j .? Melissa Zimmerman Reed Case Number vs. 2007-4935 Charles R. Osteen SHERIFF'S RETURN OF SERVICE 08/2712010 On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons and Complant and Notice by certified mail, return receipt requested to Charles R. Osteen. 09/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice and Writ of Summons upon the within named defendant, Charles R. Osteen, in the following manner: On August 27, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice and Writ of Summons to the defendant's last known address of 406 Earl Drive, Goldsboro, NC 27530. The certified mail return receipt card was received by the Cumberland County Sheriffs Office by The United States Post Office as "Return to Sender", "Unclaimed" and "Unable to Forward". SHERIFF COST: $34.15 September 22, 2010 SO ANSWERS, 6z ?? RON R ANDERSON, SHERIFF (c; COLM':.SURO Sheriff. 7eloosoft. Ir-. MELISSA (ZIMMERMAN) REED, Plaintiff V. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, MYAH E. OSTEEN and her husband CHARLES R. OSTEEN, and enter my appearance on behalf of the plaintiff, MELISSA (ZIMMERMAN) REED. Please direct the Sheriff to serve the defendant as follows: Myah E. Osteen Charles R. Osteen 53 North Church Street, Apartment 2 Yoe, PA 17313 By: August 16, 2007 PA 17013 I.D. No: 25476 To: MYAH E. OSTEEN and her husband CHARLES R. OSTEEN Respectfully submitted, IRWIN & 6VVes Pomfret Street, ( (717) 249-2353 Supreme : CUMBERLAND COUNTY, PENNSYLVANIA 2007- Yq3 S CIVIL TERM CIVIL ACTION - LAW v 17 Q 7 f t, J : r*r; ? You are hereby notified that MELISSA (ZIMMERMAN) REED, plaintiff, has commenced an action against you which you are required to defend or a default judgment ma e entered again ou. P O? RY Date: a? .2007 By: DEPUTY TOO Pa aw Sal 6, u? a j-7 nor v ~- ~- G T 3~~ !=`3~~~~~~D~tOT~a~"~` 2010 QCT - t P~ 2~ 0 t ClJt°iE3C~L~,1rD COUrdT`~ PE„~~SYL~'AP~lA MELISSA (ZIMMERMAN) REED, Flaintiff v. MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007- 4935 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case originally filed on December 4, 2009, reinstated on April 7, 2010, and August 24, 2010. By: Date: September 30, 2010 Respectfully submitted, IRWIN & McKNIGHT, P.C. ~~ ~ ~D~ ~ ~f4o ~G Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 Attorney for Plaintiff ~=~~.~D-t~~ ~ICc 0~' 7~ ~'~;C~ ~ ~~OP~OTA~',`~ 210 QCT --1 P~'~ 2~ QQ MELISSA (ZIMMERMAN) REED, : IN THE CO :CUMBERLAND , Plaintiff . v. 2007- 4935 CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION -LAW Defendants PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO THE PROTHONOTARY: S OF VANIA Please reissue the Writ of Summons for service of the following defendant at this address: Charles R. O'Steen 406 Earl Drive Goldsboro, North Carolina 27530 By: Date; September 30, 2010 Respectfully submitted, IItWIN & McK~IGHT, P.C Marcus A. cKni ,Esquire 60 West Po fret Str ,Carlisle, PA 17013 (?17) 249-2353 Supreme Court I.D. No: 25476 ID-DO pd.a.Z~ ~ u9o~S ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff p1'~tittfl Q1 L711Id~lffi(~~rft Jody S Smith Chief Deputy ,~ ., ;~r: Richard W Stewart Solicitor `~Fr`~E'=' ' ` `"4~'~~ Melissa Zimmerman Reed Case Number vs. 2007-4935 Charles R. Osteen SHERIFF'S RETURN OF SERVICE 10/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Charles R. Osteen. 10/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Charles R. Osteen, in the following manner: On October 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 406 Earl Drive, Goldsboro, NC 27530. The certified mail return receipt card was received by the Cumberland County Sheriff s Office returned by The United States Postal Service as "Unclaimed", "Unable to Forward" on October 28, 2010. SHERIFF COST: $39.15 October 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF "-~ .._, ~ ~ ' v~ ~ "~ .. - ~. ~ rs.. ...e .y .,~; ,,.,, r- t~ .... Y. ~ f .......~ ~..' ... " ~r r.J _' t :7,.) (oj Count, Suito ShentS, Tc~leasutt. tnc. I Ji" T I'E F;R0 T H0N6-TArt Y 2013 SEA' 19 PM 1: 02 CUMBERLAND COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART&WEIDNER Counsel for Defendants By: John R. Ninosky, Esquire I.D. No. 78000 By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn @jdsw.com; jal @jdsw.com MELISSA (ZIMMERMAN) REED, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-4935 Civil Term V. CIVIL ACTION — LAW MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN, JURY TRIAL DEMANDED Defendants MOTION FOR STATUS CONFERENCE OF DEFENDANTS, MYAH E. OSTEEN, and her husband, CHARLES R. OSTEEN AND NOW, come the Defendants, Myah E. Osteen and Charles R. Osteen, by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and file this Motion for Status Conference and, in support thereof, avers as follows: 1. This case involves a claim for personal injuries to the Plaintiff as a result of a motor vehicle accident which occurred on August 24, 2005. 2. As a result of that accident, the Plaintiff filed a Complaint on or about December 4, 2009, averring injuries to her neck. At this time, the majority, if not all, discovery has been conducted. 3. Defendants have suggested that the parties move the matter to Arbitration. 4. There has been some discussion between counsel in regard to this, however, Defense counsel would like to schedule a Status Conference to discuss discovery deadlines, report deadlines, and/or trial/arbitration deadline. 5. At this time, no judge has been assigned to this matter. 6. By way of letter dated July 23, 2013, Defense counsel expressed an interest in moving this matter to the Arbitration list. 7. Defense counsel previously provided a Stipulation to Amend the Complaint as well as a Petition for Appointment of Arbitrators. 8. To date, Defense counsel has received no response. WHEREFORE, Defendants, Myah E. Osteen and Charles R. Osteen, respectfully request that this Honorable Court enter an Order scheduling a Status Conference. Respectfully/sou, itted, JOHNSOKI, DUFFIE, STE ART &WEIDNER By. / John . Lu squire rney I �Nc. 203948 301 Mar t Street P. O. x 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: September 2013 Counsel for Defendants 2 f. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion for Status Conference has been served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September r, 2013: Marcus A. McKnight, III, !Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Counsel for Plaintiff JOHN N, DUFFIE, EWART & WEIDNER Y: Jo ucy J MELISSA (ZIMMERMAN) REED, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • NO. 07-4935 Civil Term v. • CIVIL ACTION — LAW MYAH E. OSTEEN, and her husband, : CHARLES R. OSTEEN, : JURY TRIAL DEMANDED • • Defendants • ORDER OF COURT II AND NOW, this O'o day of , 2013, upon consideration of the Mot i on for Status Conference of Defendants, Defendants, Myah E. Osteen and Charles R. Osteen, it is hereby ORDERED that a Status Conference is hereby scheduled for O 11 , 2013 at / ' Od .4.m. in Court Room of the Cumberland County Courthouse. BY T- - COURT r ; cp Distribution: • John A. Lucy, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109; Tel. (717) 761-4540; Fax (717) 761-3015; ✓ • Marcus A. McKnight, Ill, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, PA 17013; Tel. (717) 249-2353; Fax: (717) 249-6354. I Fs nr6,-Lek 9/30 I 13 MELISSA(ZIMMERMAN) REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-4935 CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION -LAW Defendants PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: r- - -- -v E,- v Please mark the above-captioned case settled and discontinued. =c w `G v Respectfully submitted, IRWIN& McKNIGHT, P.C. By: Marcus ight, III,)quire 60 Wes Pomfret Street Carlisle, ennsylvania 1701 (717) 249- Date: D444..'6w 44 2,01-r MELISSA (ZIMMERMAN)REED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. 2007-4935 CIVIL TERM MYAH E. OSTEEN and her husband, CHARLES R. OSTEEN, CIVIL ACTION- LAW Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 IRWIN & McKNIGHT,P.C. By: Marcus . Mc i , I, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: yam' t