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Home My WebLink About03-5243 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - ~J'f3 C,c.. L <--y--'tJ2 ......., CIVIL ACTION - LAW - .: - -' I JURY TRIAL DEMANDED JOHN R. HENSEL and SHARON A. HENSEL, His Wife, 408 South Old State Road, Apt. 8 Norwalk, OH 44857 KENNETH R. RABUCK 850 Valley Road vs. Marysville, PA 17053 and Plaintiffs McDERMITT, INC. 83 Hunterstown Road P. O. Box 3219 Gettysburg, PA 17325, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Sheriff, for service upon the Defen RABUCK and McDERMITT, INC.. ETH R. Stephen M. Greecher, Jr. TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Date: October 3, 2003 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. (J~--i1~~ ~. 2i:2~ R" a~~p 7'-r!)-,j---- ~r' tp'VU ( ) Check here if reverse is used for additional information 62978.t (-.l ~~ (1...1 - G' ~ (\ ~ tJ r' 7Y- ".{ r~ D ~ t --l:- o ~.~~~ "1:.': l:,(~j S;~~, ~F ! '((J -r:.: f <::.. "">0 ~ ~~>,- ).'>> ~~ =2 .' r::~ r::J t --.() . \1, J,J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05.243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENSEL JOHN R ET AL VS RABUCK KENNETH R ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and , Sheriff or Deputy Sheriff who being and inquiry for the within named DEFENDANT RABUCK KENNETH R but was unable to locate Him deputized the sheriff of PERRY serve the within WRIT OF SUMMONS On October , to wit: in his bailiwick. He therefore County, Pennsylvania, to 16th , 2003 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 18.00 9.00 10.00 48.80 .00 85.80 10/16/2003 AUCKER ARENS BERG Sworn and subscribed to before me this .J J.u(. day of (!)~ oZ07J3 /l Ln" A.D. C; Ilt J tL J&:.' / Prothonota'ry l' s.~a..nswer . _' /.;:// _~~ ~ , ) ~/~ -- ..' --------- -" ,/~ ~,~ ~j' ..... / /'-. -- - - R1';h;;as~line Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENSEL JOHN R ET AL VS RABUCK KENNETH R 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: MCDERMITT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 16th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 6.00 9.00 10.00 19.70 .00 44.70 10/16/2003 TUCKER ARENS BERG .:~~/ ,R. 'Thomas' Kline Sheriff of Cumberland County Sworn and subscribed to before me this ;/3M( day of (j)~ AJo-3 A.D. ()L<.-,fl.<...- to I~J -'-" J 1I.f~ .... /' I Prbfhonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENSEL JOHN R ET AL VS RABUCK KENNETH R 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: MCDERMITT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 16th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County So answer 6.00 9.00 10,00 19.70 .00 '14.70 10/16/2003 TUCKER ARENSBERG ~~ ~. Thomas-Kline Sheriff of Cumberland County Sworn and subscribed to before me this J3Jut day of (J)~ ;2(;-0-3 A . D . C)' ~ - ~1A-fu-- ~J-'--' I Pro onotary I 11J?,..u; In The Court of Common Pleas of Cumberland County, Pennsylvania John R. Hensel et al VS. Kenneth R. Rabuck et al SERVE: Kenneth R. Rabuck No. 03-5243 civil Now, October 6, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .."..,/ ~. .r~~-:t'_:eZ~J Sheriff of Cumberland County, P A Affidavit of Service Now, October 13 ,20~,.at 11: 1 0 o'clock A M. served the within Writ of Summons ~pon Kenneth R. Rabuck at 850 VAlley Rd. Marysville, PA 17053 ( Rye Township) by handing to Kenneth R. Rabuck a True & Attested copy of the original Writ of Summons and made known to Him the contents thereof. So answers, James T. Bennett Deput:t~ )e~county'PA Sworn and subscribed before me this J3J!;..day of OC {ok , 20~ . 7!7M~TARI:s~f~r' MARGARET F. fliCKINGER, NOTARY PUBUC BLOOMAUD BDRO.. PERRY COUNTY MY COMMISSIDN EXPIRES FEB. 16.2004 COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania John R. Hensel et a1 VS. Kenneth R. Rabuck et: al SERVE: McD=nni t:t, INc No. 03-5243 civil Now, October 6, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~.e<~4' Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_,.at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ 1\). iv:=' S:-' :"'l \ _:L~ Hj 3 >; S SO :11 '\! l- DO fLUl 0, :] f' f :J ,-; '.-. . -.t t I _j '..... ,~_ " r / ( o MASON DIXON BUSINESS FORMS, INC. 33000026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 IHSTIIUCTIONS: _ "INSlllUCTlONS FOR SERVICE OF PROCESS BY THE SHERIFF" on tho _ of tho I8Il (No.5) copy of !his fonn. _ typo or print 1oaibIY. insuring ~ of al _. Do not _ any copIo8. AC8D ENV.I 1. PLAINTlFFISI 2. COURT NUMBER JOHN R. HENSEL and SHARON A. HENSEL, his wife 2003-5243 Civil Term 3. DEFENDANTISI .. TYPE OF WRIT OR COMPLAINT: KENNEIH R. RABUCK and MCDERMITT, INC. Writ of Sumnons in Civil Action 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLO. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN SERYE . McDermit t, Inc. AT 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and Z1P CODE) 83 Hunterstowh Rd., Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE, 0 PERSONAL [] PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER Now. . I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHEAtFF OF ADAMS COUNTY 8. SPECIALINSTRUCTlONS OR OTHER INFORMATION THAT Will ASSIST IN EXPEDmNG SERVICE. "'OTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff tevying upon or attaching any prOperty under within writ may leave same without a watchman, in custody of whomever i;s found in possessk)n, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any ptalntift herein fof any loss, destruction or removal of any such property before sheriff's sale thereof. 10. TELEPHONE NUMBER 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR requesting service on beha" of: ill: PlAINTlFF Stephen M. Greecher, Jr., Esq. ODEFENDANT (717) 234-4121 SPACE BELiW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. , acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or CIel1c and Tdle I t3. Oate Received 114. Expiration f Hearing date '" complaint.. indicated abova. 10-7 _ 2003 11. DATE 15. I hereby CERTIFY and RETURN that I 0 have personalty served, I. have served person in charge, 0 have legal evidence 01 service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complaint described on the indMdual, company, corporation. etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handingfor Posting a TRUE Md ATTESTED copy therof. 16. 0 I hereby certify and relurn a NOT FOUND because I am unable to locate the indMdual, company, corporation, etc., named above. (See remarks below) 17. Name and Iltte of individual S8fV8d 118. A petW)n ~ IUbbIe . and di8cretion I Read Order G. F h ff' then ~ In lhe defendant's Ulua' ~nger renc, 0 ICe manager ........_.0 0 19. Address 01 where served (complete only il different tt1an shown above) (Street or RFO, Apartment No., City, Bora, Twp., 20. Oate 01 Service 21. Time Stata and ZIP CODE) 10/7/2003 2:20PM 22. ATTEMPTS I 00.. I M.108 I Dep.lnt. 23. Advance Costs I 24. $CD.OO EIn. 91erif:f #42A33 Da" MIIo8 I Dep.,nt'l 128 Dolo I M.108 Dep.lnt., Dolo ,- I Dep.,n.., Dal. I 27. Tol8l ~ I 28. CIDIKllXIExa REFUND $19.70 Pd 10/14/03 $130.30 Ck. #10016 ~ _~~~/& oma/-4> Kevin Miller 10/7/2003 SignoIure aI SherIII Dele RAYMOND W. NEWMAN 10/7/2003 MIIo8 I Dep,lnt. 25. AFFIRMED and _ to beIor8 me !his N/ A day 01 Pl.Al.o.~IIymotIryPubllc _OF _COUNTY MY COMMISSION EXPIRES I ACKNOWlEDGE RECEIPT OF THE _""'B .-ro1lN _ATUIE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. /39. Date Recefved PROTHONOTARY 131)00026 SHERIFF'S RETURN OF SERVICE ( ) ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ) The return receipt signed by defendant on the made a part of this return. ( 2) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at is hereto attached and ( R.C.P.405 (c) (1) (2), by mailing a true in the following manner: ) (a) k> the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the . a true and attested copy thereof at The Authorities marked Is hereto attached. ( ) (5) Other returned by the Postal JOHN R. HENSEL and SHARON A. HENSEL, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5243 CIVIL TERM CIVIL ACTION - LAW v. KENNETH R. RABUCK and McDERMITT, INC., JURY TRIAL DEMANDED Defendants PRAECIPE TO DISCONTINUE TO PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above captioned action settled and discontinued with prejudice. DATE: 81563.1 ~~s~ By: / e . ,Jr. , Attor ey's 1.0. No. PA-36803 111 North Front Street' P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS o ~:~ .-> ,-::-,;J c.;:J a' (/) r"l -;:; I" N W Sf'. ~ ,~~~ 'coY ~';"., ;..~ ':~~~ ~.\\ -'~2o /"')rn .::--1 ~ -0 ::!;..: i..;l~ <"'C' Ui