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HomeMy WebLinkAbout04-0797MARTIN'S FAMOUS PASTRY SHOPPE, INC., Plaintiff v. VALLEY BAKING COMPANY, INC., BRADLEY GERLACH, TIMOTHY GARLING, JANET PIPER, JANE GARLING, THOMAS SHENK, ESTATE OF H. SCOTT GARLING, and BARBARA L. GARLING, EXECUTRIX to the ESTATE of H. SCOTT GARLING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. n q - 7q7 l/? = e Lot C CIVIL ACTION - LAW To: VALLEY BAKING COMPANY, INC., BRADLEY GERLACH, TIMOTHY GARLING, JANET PIPER, JANE GARLING, THOMAS SHENK, ESTATE OF H. SCOTT GARLING and BARBARA L. GARLING, EXECUTRIX to the ESTATE OF H. SCOTT GARLING: You are hereby notified that the Martin's Famous Pastry Shoppe, Inc. has commenced an action against you. Date: "?a Prothonotary" `y ?U/l?? o . ?JL/Ur. Deputy MARTIN'S FAMOUS PASTRY SHOPPE, INC., Plaintiff V. VALLEY BAKING COMPANY, INC., BRADLEY GERLACH, TIMOTHY GARLING, JANET PIPER, JANE GARLING, THOMAS SHENK, ESTATE OF H. SCOTT GARLING, and BARBARA L. GARLING, EXECUTRIX to the ESTATE of H. SCOTT GARLING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1?4 7 g7 1, l U l ?fli?'? CIVIL ACTION - LAW PRAECIPE TO ISSUE WRIT OF SUMMONS To the Prothonotary: Please issue Writ of Summons on the Defendants at the address listed below: Bradley Gerlach 7052 Olde Scotland Road Shippensburg, PA 17257 Timothy Garling 322 Firehouse Road Shippensburg, PA 17257 Janet Piper 55 Celestial Terrace Greencastle, PA 17225 Jane L, Garling 113 Stewart Pl. Shippensburg, PA 17257 Thomas Shenk 28 Stonehouse Road Carlisle, PA 17013 Barbara L. Garling 291 Old State Rd. Gardners, PA 17324 Respectfully submitted, Salzmann, Hughes & Fishman, P.C. By: A4e I? I-vely, Esquire Attorney ID No. 36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 Attorney for Plaintiff -40 1 ?C/I f?? r > a:> c: Fl- nl //? MARTIN'S FAMOUS PASTRY SHOPPE, INC., Plaintiff V. VALLEY BAKING COMPANY, INC., BRADLEY GERLACH. TIMOTHY DARLING, JANET PIPER, JANE GARLING, THOMAS SHENK, ESTATE OF H. SCOTT GARLING, and BARBARA L. GARLING, EXECUTRIX to the ESTATE of 11. SCOTT GARLING Defendants :IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-797 CIVIL ACTION-LAW PRAECIPE TO REISSUE. WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons on the Defendants at the address listed below: Janet Piper 164 Early Avenue Gettysburg, PA 17325 Jane L. Garling-Hubley 621 Charles Street Shippensburg, PA 17257 Thomas Shenk 109 Turnpike Road Newburg, PA 17240 Barbara L. Garling 21 Pinetree Drive Newville, PA 17241 Respectfully submitted, Salzmann, Hughes and Fishman, P.C. By: Melissa K. Direly, Esquire Attorney ID No. 36780 455 Phoenix Drive; Suite 3 Chambersburg, PA 17201 (717) 263-2121 Counsel jbr Plainiill P) SHERIFF'S RETURN - OUT OF COUNTY ;E NO: 2004-00797 P AMONWEALTH OF PENNSYLVANIA: UNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL 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: GERLACH BRADLEY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 29th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers ? Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 23.22 Sheriff of Cumberland County .00 60.22 03/29/2004 SALZMANN HUGHES FISHMAN Sworn and subscribed to before me this 3),4,r day of -YKA-,cAti A. D. ?l Prothonotary/ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00048 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARTIN'S FAMOUS PASTRY SHOPPE VS BRADLEY GERLACH ET AL KENNETH W HALL Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GERLACH BRADLEY the DEFENDANT , at 0750:00 Hour, on the 2nd day of March , 2004 at FRANKLIN COUNTY SHERIFF'S OFFI 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to BRADLEY GERLACH a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before e this day of c(.4_ , p2 6,p A.D. ek. Jl 31 Notary So Answers: KENNETH W HAL By Deputy Sherr f 03/1 /2004 SALZMANN HUGHES FISHMAN PC Notarial gay Fmchymssion EaPirea Jan. 29, 2007 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GARLING TIMOTHY the DEFENDANT , at 1228:00 HOURS, on the 1st day of March 2004 at 322 FIREHOUSE ROAD SHIPPENSBURG, PA 17257 by handing to CARROL GARLING, WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this A1,a- day of 7v?a,e1 a clu (l A. D. P othonotary So Answers: R. Thomas Kline 03/29/2004 SALZMANN 77; By HMAN : K eputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL 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: PIPER JANET but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 29th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers-- Docketing 6.00 ?. Out of County .00 Surcharge 10.00 R.rThomas Kline Dep Franklin Cc 37.80 Sheriff of Cumberland County .00 53.80 03/29/2004 SALZMANN HUGHES FISHMAN Sworn and subscribed to before me this 3(A-,F day of A - J. 2u ,f A. D. T, 10 - Prothon/ o '? ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Martin's Famous Pastry Shoppe Inc vs. Valley Baking Company Inc et al SERVE: Janet Piper No 04-797 civil Now, February 25, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. t Sheriff of Cumberland County, PA Affidavit of Service Now, ©q, , 20o at ?6-2o'clock /, M. served the within 7- Ooo` SY/f??icd??' upon f?/9/?7 ®//??1? at vr.S ?/-72-Z? by handing to 7 a copy of the original /7 and made known to 7 the contents thereof. T/9!f/<- 27 C_, Pa '. C So answers, Sheriff of Sworn an subscribe before / this c:W day of. 20 6 JJ" COSTS SERVICE MILEAGE AFFIDAVIT e,?- County, P. & 7,f J ?.k Zm? 771/S /-` .4VIP' 7?/? /rte/Gy 7- ? sali $ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00048 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARTIN'S FAMOUS PASTRY SHOPPE VS BRADLEY GERLACH ET AL GUS ALEXIOU id u`i - 1`1'7 , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PIPER JANET the DEFENDANT at 1510:00 Hour, on the 2nd day of March 2004 at 55 CELESTIAL TERRACE GREENCASTLE, PA 17225 by handing to JANET PIPER (NOT CORRECT DEF; CORRECT ONE LIVES IN ADAMS CO) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before this day of &0 l oC ? A.D. No aryC So Answers: GUS ALEXIOU B? Deputy ri 03/10/2004 SALZMANN HUGHES FISHMAN PC Notarial Seel Richard D. McCarty, Notary Public Chamberabur9 Boto, Ftaaklie Crotty My Commissiot Expim Jan. 29, 2007 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL 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: GARLING SANE L but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 29th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers Docketing 6.00 7? - Out of County .00 Surcharge 10.00 R. Thomas Kline Dep Franklin Cc 23.80 Sheriff of Cumberland County .00 39.80 03/29/2004 SALZMANN HUGHES FISHMAN Sworn and subscribed to before me this J/At day of 7]&$/-/ ,,2oct( A. D. Prothonotary ' " In The Court of Common Pleas of Cumberland County, Pennsylvania Martin's Famous Pastry Shoppe Inc vs. Valley Baking Company Inc et al d(f-`F$ / SERVE: Jane L. Garling No. 04-797 civil Now, February 25, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sheriff of ,20 , at o'clock M. served the copy of the original the contents thereof. So answers, COSTS S Yvorn and subscribed before SERVICE me this day of 20 MILEAGE AFFIDAVIT County, PA S $ d ocU SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-00048 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN MARTIN'S FAMOUS PASTRY SHOPPE VS BRADLEY GERLACH ET AL ROBERT WOLLYUNG -7q 1 Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GARLING JANE L but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 113 STEWART PLACE SHIPPENSBURG, PA 17257 , GARLING JANE L DEF NOW JANE L HUBLEY 621 CHARLES ST NOT SERVED , as to SHBG., PA 17257 (CUMB. CO.) 532-8484 C6P,/0F me,r eCT-U4,vc6'To 6,4"f --1#LZM,a1vn1 t4ctd,lesr-FS#AfAd P. C. Sheriff's Costs: So a ers:: Docketing .00i N A Service 00 J Affidavit .00 ROBERT WOLLYUNG, S iff Surcharge .00 .00 .00 SALZMANN HUGHES FISHMAN PC 03/10/2004 Sworn and subscribed to before me this ?U /jy of Lit, ^} Notarial Sal I p( Q, 0 I Richard D. McCarty, Ndary Public a K_?Al.- `? f? N ?wbio Bxp Frauldin Cmty oun My Cammissimiaaion Expires Jan. 29, 7007 I Notary SHERIFF'S RETURN - REGULAR CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHENK THOMAS the DEFENDANT , at 1921:00 HOURS, on the 17th day of March 2004 at 28 STONEHOUSE ROAD CARLISLE, PA 17013 by handing to THOMAS SHENK a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 20.83 Sworn and Subscribed to before me this 3l-? day of a00A. D. Prothonotary So Answers: R. Thomas Kline 03/29/2004 SALZMANN HUGHES FISHMAN By : / eputy Shher_riff' SHERIFF'S RETURN - REGULAR CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GARLING BARBARA L EXECUTRIX TO THE ESTATE H SCOTT GARLING the DEFENDANT , at 1637:00 HOURS, on the 17th day of March 2004 at 21 PINETREE DRIVE NEWVILLE, PA 17241 by handing to BARBARA L GARLING a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.11 Affidavit .00 Surcharge 10.00 .00 29.11 Sworn and Subscribed to before me this day of _? olvv t A. D. Prothonotary So Answers: R. Thomas Kline 03/29/2004 SALZMANN HUGHES FISHHMAN By. G Deputy Sheriff The Court of Common Pleas of Cumberland County, Pennsylvania Martin's Famous Pastry Shoppe Inc vs. Valley Baking Ccmpany Inc et al SERVE'- Bradley Gerlach No 04-797 civil Now, February 25, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. T Sheriff of Cumberland County, PA Affidavit of Service Now, within C-? lmo f-c1 , 2crj?, at ' SZ) o'clock A M. served the Wrl+, 0? SWAM.O& S upon B(ttid ley C-rPf 10A at FaA k (,',A Co . Shert-w- b4;i?ice by handing to F fC,16, C?-6c- A a co Pr and made known to h'I (Vl Notarial Seal I Richard D. McCarty, Notary Public ' Chmubasburg Boro, rraokliu Cm* My Commission Ezpirm Jan. 29, 2007 Sworn an?j subscribe efore le t1] Ot d o 0 D 'U 1s"? tincda WOY I'-c6t r by. R . copy of the original Writ b?- ! uUfn m S the contents thereof. So answers, P Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL 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: PIPER JANET but was unable to locate Her deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 29th , 2004 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers --' Docketing 6.00 1 -? Out of County 9.00 ? Surcharge 10.00 R:"Thomas Kline Dep Adams County 22.08 Sheriff of Cumb erland County .00 47.08 03/29/2004 SALZMANN HUGHES FISHMAN Sworn and subscribed to before me this _31A,4- day of ".4,0 24-0 ( A. D. Prothonotary, MASON DIXON BUSINESS FORMS, INC. 33066026 DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reveres of ft last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type W prim fallibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.e 1. PLAINTIFFS/ 2. COURT NUMBER MARTIN'S FAMOUS PASTRY SHOPPE, INC. 04-797 Civil 3. DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT: VALLEY BAKING COMPANY, INC., ET AL Reissued Writ of Sunmons SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLO. 10 Janet Piper 6. ADDRESS (Street or RFD, Apertment No., City, Boro, Twp., State and ZIP CODE) AT 164 Early Avenue, Gettysburg, PA 17325 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE O DEPUTIZE ? CERT. MAIL O REGISTERED MAIL O POSTED ? 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. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY 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 without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff to any plaintiff herein for any Ion, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Melissa K. Dively, Esq. HI PLAINTIFF (717) 263-2121 ? DEFENDANT SPACE BE1_7t FOR USE OF SHERIFF ONLY - DO NOT WRITE OELOW THIS LINE 12. 1 acknowledge receipt of the writ GNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration / tMiRl1§ dale or complaint ea indicated above. I 3-23-2004 I APRIL 18, 2004 15. I hereby CERTIFY and RETURN that I Ix have personally served. ? have served person in charge, O have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc.. at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and this of individual served I 19. A person M auiubN e9e and discretion I Read Order Janet Piper a? of d odw ?ne aetendanl's usual 0 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 3/24/2004 4:19PM 22. ATTEMPTS I Dab I Mlles I Dep.lnt. Date I Mlles I Dsp.lnt. Data I Mlles Dep.IrH. I Date I Mlles I Dep.lnt. I Date I Mlles I DepAnt. 23. Advance Costs 24. 25. 26. 27. Total Costs 26.'5Mf5&KW REFUND $150.00 F #44393 $22.08 Pd. 3/25/04 I $127.92 Ck. #10752 AFFIRMED and subscribed to before me this N/A day of PrabmtarylDeputylllclary Public MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 80 ANSWER. n o A (.C' . O01o," e? 44". Shentg (Pines Pries or Type) Dose Jae s W. Muller i 3/24/2004 Signature of Shang RAYMOND W. NEWMAN 3/24/2004 SHERIFF OF ADAMS COUNTY PROTHONOTARY 139. Date Received SHERIFF'S RETURN - REGULAR CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHENK THOMAS the DEFENDANT , at 1820:00 HOURS, on the 24th day of March 2004 at 109 TURNPIKE ROAD NEWBURG, PA 17240 by handing to THOMAS SHENK a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 30.49 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 03/29/2004 SALZMANN HUGHES FISHMAN Deputy Sheriff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-00797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARTIN'S FAMOUS PASTRY SHOPPE VS VALLEY BAKING COMPANY INC ETAL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HUBLEY JANE L GARLING the DEFENDANT , at 1027:00 HOURS, on the 24th day of March 2004 at 621 CHARLES STREET SHIPPENSBURG, PA 17257 by handing to JANE L GARLING HUBLEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 29.80 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 03/29/2004 SALZMANN HUGHES FISHMAN By: De ut e f Prothonotary In The Curt of Common Teas of Cumberland County, Pennsylvania Martin's Famous Pastry Shoppe Inc vs. Valley Baking Company Inc et al SERVE: Janet Piper No. 04-797 civil Now, March 22, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adorns County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT Martin's Famous Pastry Shoppe, Inc vs Case No. 04-0797 Valley Baking Company, Inc. et.al. Statement of Intention to Proceed To the Court: Martin's Famous Pastry Shoppe intends to proceed with the above captioned matter. rnntName Melissa K. Dively, Es4gnName Dateo c t ? Cf?- Attorney for Martin's Famous Pastry Shoppe Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously goverfiied by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do rot wish to pursue the case, thev will take no action and "the Prothonotarv shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. CERTIFICATE OF SERVICE _S I hereby certify that on the... ) day of c L , 2007, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Janet Piper 164 Early Avenue Barbara L. Garling Gettysburg, PA 17325 291 Old State Road Gardners, PA 17324 Thomas Shenk 109 Turnpike Road Bradley Gerlach Newburg, PA 17240 7052 Olde Scotland Road Shippensburg, PA 17257 Jane L. Garling - Hubley 621 Charles Street Timothy Garling Shippensburg, PA 17257 322 Firehouse Road Shippensburg, PA 17257 Jane L. Garling - Hubley 113 Steward Pl William J. Corrigan, Esquire Shippensburg, PA 17257 First American Title Insurance Company 1528 Walnut Street, Suite 701 Barbara L. Garling Philadelphia, PA 19102 21 Pine Tree Drive Newville, PA 17241 Sal7.mann Huuhec_ P_C_ ?v -46 .... N) `, V?.S