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Home My WebLink About01-6510 LAW OFFICES OF $'I~]-~-N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 DAVID J. KELLEY, Plaintiff JASON HOBBLE, individually BRIAN VACULA, individually and DUSAN BRATIC and KATHLEEN M. BRATIC, Husband and Wife, t/d/b/a HARVON MOTEL, Defendants : IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, :PENNSYLVANIA · CIVIL ACTION JURY TRIAL DEMANDED TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons against the above Defendants. Thank you for your attention in this matter. Date:[/' /' ' sr p , Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland David J. Kelley Jason Hobble, Individuallv, SCI Route 29 Box 244, Gra~erford, PA, 19426 Brian Vacula, Individually SCI 1000 Follies Road, Dallas PA 18612 and Court of Conunon Pleas 01-6510 No ...................................... 19 .... In Civil Law Dusan Bratic and Kathleen M. Bratic H/W 1521 Hi§hMeadowLane, Mechanicsbur9 PA 17055 t/d/b/a Harvon Motel ToJ__A~__C~___H_O__~_.LE, INDIVIDUALLY BRIAN VACULA, INDIVIDUALLLY AND DUSAN BRATIC AND KATHLEEN M. B~?ic ~SB~-~-~Y~-~7¥~)×-~'~6~-MO~. You are hereby not~fied that DAVID J. KELLEY the Plaintiff ha S commenced an action in -Civil-La~ ............................................ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date November 16, 2001 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY DAVID J VS HOBBLE JASON ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT HOBBLE JASON but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On December llth , 2001 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 58.00 12/il/2001 STEPHEN HOGG R/Thomas Kline~ Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~ ~/ A.D. -' ' Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06510 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND KELLEY DAVID J VS HOBBLE JASON ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT VACULA BRIAN but was unable to locate Him deputized the sheriff of LUZERNE serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, in his bailiwick. County, to On December llth , 2001 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne Co 6.00 9.00 10.00 27.00 .00 52.00 12/11/2001 STEPHEN HOGG R. ~homas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this /$~ day of~.~ rothonota~y SHERIFF'S RETURN - REGULAR CASE NO: 2001-06510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY DAVID J VS HOBBLE JASON ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BRATIC DUSAN T/D/B/A HARVON MOTEL the DEFENDANT at 2019:00 HOURS, on the 26th day of November , 2001 at 1521 HIGH MEADOW LANE MECH3kNICSBURG, PA 17055 KATHLEEN BRATIC, WIFE by handing to 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 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this /3~ day of ~,~ ~! A.D. ! ~rothonotary So Answers: R. Thomas Kline i2/ii/200i STEPHEN HOGG uty Sheriff SHERIFF'S CASE NO: 2001-06510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLEY DAVID J VS HOBBLE JASON ET AL JASON VIORAL Cumberland County, Pennsylvania, RETURN - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within WRIT OF SUMMONS BR3%TIC KATHLEEN M T/D/B/A HARVON MOTEL DEFENDANT at 2019:00 HOURS, on the at 1521 HIGH MEADOW LANE MECIiANICSBURG, PA 17055 was served upon the 26th day of November by handing to KATHLEEN BRATIC 2001 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 .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~ ~7~f A.D. · ~rothonotary ' So Answers: R. Thomas Kline i2/il/200i STEPHEN HOGG uty ~heriff SHERIFF'S RETURN PROTHONOTARY X- 6110 DEFENDANT: Jason Hobble DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Thomas Rowlands RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: Nov. 30, 2001 ~ 09:30 LOCATION SCI Graterford Rt. 29, Graterford, PA Dec.5, 2001 Sheriff of Montgomery County Deputy Sheriff Zappala R. THOMAS KLINE EDWARD L. SCHORPP Solicitor ~ATRICIA A. SHATTO OFFICE QF THE SHERIFF R..~ Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 TO: Montgc~ery County Sheriff R~: Dear Sir: Enclosed plemse find writ of Summons David J. Kelley VS Jason Hobble et al 01-6510 civil PfLAIION / POSITION__ ~, -~,C~ OF SERVICE ~ to be served upon Jason Hobble ' - OF SERVICe__ ~ SCI Graterford Rt 29 Box 244 ', ,'t~ OF SERVIce' ~ Graterford, PA 19426 hiJ,~SER OF ATTEMPTS_.__ / '- m your uounty. "' ' ' - DEPU .fY_ Kindly make service ther%of and send us your return of servia8:Sr DAf OF $£RVICE Enclosed is the advance payment which you requested. Very truly yours, R. Thomas Kline, Sheriff Cumberland Coun .ty, Pennsylvania 'Enclosures: In The Court of Common Pleas of Cumberland County, Pennsylvania David J. Kelley VS. Jason Hobble et al SERVE: Jason Hobble 0 NO. 01 6510 civil NOW, November 21 ,20.01 _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgcmery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service & ~o~, .... ~ ~ z4/o~,. ~o ~,, , at c~?~ within o'clock ~ M. served the upon at by hm2ding to mud made known to Sworn and subscribed before me this _ . day of ,2O copy of the original So answers, Sheriffof COSTS SERVICE MILEAGE AFFDAVIT the contents thereof. County, PA In The Court of Common Pleas of Cumberland COunty, Pennsylvania David J. Kelley VS. Jason Hobble et al SERVE: Brian Vacula No. 01 6510 civil Now, November 21 ,20 01 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, }IEDNESDAY, NOVIg'ffiER 28 within Affidavit of Service ,20 Ol ,at 12:50 o'clock P- ~ M. served the upon ExLaq VACULA at.. NTR PT.A~.R OF INCARff.~R&TION, S?A'P~ CORRRP-?TONA~ INST1TUTKTI}AT.T.~,~, ~LAT.T.AS, PA by handing to GEORGE MA't-fa~.WS - ADULT PRRSON IN CltAR~m. a and made known to copy of the original the contents thereof. Sworn and subscribed before me this day off,ma__, 20 ol Sheriffof LUZERI~ County, PA COSTS SERVICE MILEAGE AFFDAVIT 27.00 S~N $. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 DAVID J. KELLEY, Plaintiff JASON HOBBLE, individually BRIAN VACULA, individually and DUSAN BRATIC and KATHLEEN M. BRATIC, Husband and Wife, t/dlbla HARVON MOTEL, Defendants IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. OI- JURY TRIAL DEMANDED MOTION FOR STAY TO THIS HONORABLE COURT: Plaintiff files this motion through his attorney, Stephen J. Hogg, Esquire, and respectfully represents: 1. This motion is brought by the Plaintiff in the above captioned action. 2. Defendant Brian Vacula has filed a Motion for a Rule upon Plaintiff to file a complaint by January 3, 2002. 3. Plaintiff has filed discovery requests and cannot file a complaint until the discovery is complete. 4. There is no substantial harm to Defendant Brian Vacuta if Plaintiff does not file a complaint until after discovery is completed. I. AW OFFICES OF S~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Therefore, Plaintiff requests that a stay be granted on Defendant Bdan Vacula's Motion to require Plaintiff to file a complaint until discovery is complete, Date: S~henJ. Hogg, Es~ Attorney for Plaintiff LAW OFFICE8 OF STEI~t]~N j. ttOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 DAVID J. KELLEY, : Plaintiff : .. V. : .. JASON HOBBLE, individually : BRIAN VACULA, individually : and : DUSAN BRATIC and : KATHLEEN M. BRATIC, : Husband and Wife, t/dlbla HARVON MOTEL, Defendants IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 01- L. i : JURY TRIAL DEMANDED AND NOW, on this ORDER }"~ day of 200 ~ , it is Ordered that Defendant Bdan Vacula's Motion for a Rule to require Plaintiff to File a Complaint be stayed until all discovery is complete or ~O days from this date. BYTHECOURT DAVID J. KELLEY, Plaintiff, JASON HOBBLE, Individually, BRIAN VACULA, Individually, DUSAN BRATIC and KATHLEEN M. BRATIC, H/W, t/clPo/a HARVON MOTEL, Defendants. COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA Civil Action Law No. 01-6510 JURY TRIAL DEMANDED. PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter the appearance of Edward E. Knauss, IV, Esquire, on behalf of Defendants Dusan Bratic and Kathleen Bratic, his wife, t/d/b/a Harvon Motel. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: February 1, 2002 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Stephen J. Hogg, Esquire Suite I01 19 South Hanover Street Carlisle, PA 17013-3307 Mr. Jason Hobble SCI Route 29 Box 244 Graterford, PA 19426 Mr. Brian Vacula SCI 1000 Follies Road Dallas, PA 18612 Dated: February 1, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. /l~dward E. Knauss, IV, Esquire DAVID J. KELLEY, Plaintiff JASON HOBBLE, Individually, : BRIAN VACULA, Individually, : DUSAN BRATIC and KATHLEEN M. : BRATIC, H/W, t/d/b/a : HARVON MOTEL, : Defendants : IN THE COURT OF COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6510 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule on Plaintiff, David J. Kelley, to file a Complaint within twenty (20) days of service or suffer judgment of non pros. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Edward E. Knaus~ Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff 284824-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of the Praecipe for Rule to File Complaint with reference to the foregoing action by first class mail, postage prepaid, this/g/ day of July, 2003, on the following: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013-3307 Jason Hobble SCI Route 29, Box 244 Graterford, PA 19426 Brian Vacula SCI 1000 Follies Road Dallas, PA 18612 ~dward E. Knauss, IV 284824-1 DAVID J. KELLEY, Plaintiff JASON HOBBLE, Individually, : BRIAN VACULA, Individually, : DUSAN BRATIC and KATHLEEN M. : BRATIC, H/W, t/d/b/a : HARVON MOTEL, : Defendants : : IN THE COURT OF COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION LAW NO. 01-6510 JURY TRIAL DEMANDED TO: RULE TO FILE COMPLAINT David J. Kelley, Plaintiff c/o Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013-3307 You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days of service or judgmem non pros will be entered against you. Date: Protho ary- 284824-1 DAVID J. KELLEY, plaintiff JASON HOBBLE, individuallY, BRIAN VACULA, Individually, DUSAN BKATIC and KATHLEEN M. BRATIC, pjW, t/dgo/a HAR¥ON MOTEL, Defendants IN THE CouRT OF CouRT coMMON pLEAS cUMBEKLAND COUNTY, pEN2qSYLYANIA CI¥IL ACTION LAW NO. 01-6510 JURY TRIAL DEMANDED ~R RULE TO FILE coMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule on plaintiff, David J. Kelley, to file a Complaint within twenty (20) days of service or suffer judgment of non pros. METZGER, WICKERSHAM, KNAUSS &EKB, P.C. Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 235-$187 Attorneys for Plaintiff Dated: CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Praecipe for Rule to File Complaint with reference to the foregoing action by first class mail, postage prepaid, this/~ day of July, 2003, on the following: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013~3307 Jason Hobble SCI Route 29, Box 244 Graterford, PA 19426 Brian Vacula SCI 1000 Follies Road Dallas, PA 18612 '~dward E. Knauss, IV 284824-1 DAVD J. KELLEY, Plaintiff JASON HOBBLE, Individually, BRIAN VACULA, Individually, DUSAN BRATIC and KATHLEEN M. BRATIC, H/W, t/d/b/a HARVON MOTEL, Defendants IN THE COURT OF COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION LAW NO. 01-6510 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Enter judgment of non pros against Plaintiff for failure to file a Complaint. I hereby certify that written notice of intention to file this Praecipe was faxed and mailed at least ten (10) days prior to the date of the filing of this Praecipe to the Plaintiff's attorney of record as evidenced by the Notice attached hereto as Exhibit "A". Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~~~ / Edward E. Knauss, W, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants JUDGMENT AND NOW, this ~ day of February, 2004, judgment of non pros is hereby entered against Plaintiff and in favor of Defendants. Prothonotary 297838 I October 23, 2003 VIA FAX (245-0829) and U.S. MAIL SINCE 1888 3211 North Front Street EO. Box 5300 Harrisburg, PA 171104)300 717-238-8187 Fax: 717-234-9478 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 ? ¥ Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013-3307 Re: Kelley v. Hobble, Vacula, and Bratic No. 01-6510 Dear Mr. Hogg: Enclosed is the Important Ten-Day Notice. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV EEK IV:cl Enclosure 291098-1 James E Carl Edward E. Knauss, IV* Jered L. Hock Steven E Miner Clark DeVere Milton Bemst~m Bruce ]. Warshawsky Francis J. Laffer ty, IV David H. Martineau Andrew W. Norfleet Andrew C. Spears Yotmg-$uh Koo * Board Certified in civil trial law and advocacy by the National Baard DAVD J. KELLEY, Plaintiff JASON HOBBLE, Individually, BRIAN VACULA, Individually, DUSAN BRATIC and KATHLEEN M. BRATIC, H/W, t/d/b/a HARVON MOTEL, Defendants IN THE COURT OF COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6510 JURY TRIAL DEMANDED TO: Stephen J. Hogg, Esquire 19 South Hanover Street, Suite 101 Carlisle, PA 17013-3307 Attorney for Plaintiff Date of Notice: October 23, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGIVIENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I~F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. lY YOU CANNOT AFFORD TO HIKE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OKNO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (800) 990-9108 Mctzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 291095-1 FACSIMILE TRANSMITTAL SHEET DATE: TO: October 23, 2003 NAME: COMPANY/FISUVI: FAX NO.: Stephen J. Hogg, Esquire 245-0829 FROM: Edward E. Knauss, IV, Esquire SUBJECT: BRATIC (Kelley v.) - (340-5) NO. OF PAGES (INCLUDING THIS PAGE): three (3) SENDER COMMENTS: 3211 NORTI-I ~ONT STREET I-IAmuSnURO, PA 17110-0300 717~238-8187 Colonial park 717-652-7020 Mechanicsburg 717-671-5577 Shippensburg 717-530-7515 CONFIDENTIALITY NOTE: This rnessaee is intended only for the use of the individual or erttitv to which it is addressed and rmv contain information that is privileaed, confidential and exempt from disclosu~ un-der am~Iicable law. If the reader of this message is not the intended recipient, you am hereby notified that any dissemination, distribution or copying of this cormnunication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone at (717)238-8187, and return the or/ginal message to us at the above address via the U.S. Postal Service. Thank you. Document #291099 James F. Carl Edward E, Knauss, IV* Jered L. Hock Karl R. Hildabrand* Steven P. Miner Clark/)eVe're E. Ralph Godfrey Stoven C. Courmey Francis J. Lafferty, 1V David If. Martineau Andrew W. Nortleet Melissa L. Vail Eck Andrew C. Spears Young-sub Koo 10/23/2003 10:58 FAX 7172349478 MWK&E HGB PA *** TX REPORT *** ~001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 0671 10/23 10:57 01'15 3 OK 2450829 DATE: TO: FACSIMILE TKANS~TTAL SHEET Stephen I. Hogg, Esquire 245-0829 October 23, 2003 COMPANYfFIRM: FAX NO.: I Edward E. ICuauss, IV, Esquire FKOM: ~ SUBJECt.' BI~TIC (K.¢11,¥ v.) - (340-5) No. oF 'AG .S ( CLU'O G Th -S PAGE): three (3) SENDE]~. COlvllVIENTS: NORTM ~ONT STP,~T ~$~, PA 17110-03D0 717-.~$-$187 717-234-9478