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HomeMy WebLinkAbout09-2572r A ANTHONY MISITANO and KATHY MISITANO 12 Maybelle Court Mechanicsburg, PA 17050, Plaintiffs, V. ECDC OLD, INC. f/k/a EAST COAST DECORATIVE COATING, INC., 768 Burnt House Road Carlisle, PA 17015, and KEITH L. LEHMAN 768 Burnt House Road Carlisle, PA 17015, and GRANITITE, INC. P.O. Box 368 Gatlinburg, TN 37738 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04 aiu?L`T PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writs of Summons against the Defendants in the above-captioned action. Writs shall be issued and forwarded to the Cumberland County Sheriff for service upon ECDC Old, Inc. f/k/a East Coast Decorative Coating, Inc. and Keith L. Lehman. For the remaining Defendant, GraniTite, Inc., please return their Writ to me, as I will arrange for service of the same. Dated: April 23, 2009 RHOADS & Rob ,pfJ. Tribeck, Esquire e South Market Square 0. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs 739402.1 Respectfully submitted, C.--QD - ?a ^ARy 20U19 APR 24 AM 10: ?0 eK? Ntivezzr 2, ,zzyzra WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotar? Date: - 1 11 -, L 'ILI 2930 T By: 474283.1 Sheriffs Office of Cumberland County R Thomas Kline 1ti ? J1 LiIll7Grrl ?4 i-uwatu ? . iivipp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy , RIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 08:40 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: ECDC Old, Inc., by making known unto Keith Lehman, owner at 768 Burnt House Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/30/2009 08:40 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Keith L. Lehman, by making known unto himself personally, defendant at 768 Burnt House Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $48.50 May 04, 2009 2009-2572 Anthony Misitano VS ECDC Old, Inc. SO ANSWERS, R THOMAS KLINE, SHERIFF By //-,/ /0", Depu S rif /O '° p ° .rr '-.I n A -n r - r-n :J ( ) ? f*j C) , U < Robert J. Tribeck, Esquire Attorney I.D. No. 74486 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff ANTHONY MISITANO and KATHY MISITANO, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ECDC OLD, INC. f/k/a EAST COAST DECORATIVE COATING, INC., KEITH L. LEHMAN and GRANITITE, INC. Defendants CIVIL ACTION NO. 09-2572 AFFIDAVIT OF SERVICE BY MAIL On April 28, 2009, I mailed a true copy of the Writ of Summons by registered mail, return receipt requested, to Defendant, Granitite, Inc. ("Granitite'). On April 30, 2009,: an authorized agent of Granitite, John Patti, upon delivery and receipt of the Writ of Summons, signed the Domestic Return Receipt prepared for original process of the Writ in accordance with Pa. R.C.P. 405. (A copy of the Domestic Return Receipt for Granitite is attached hereto as Exhibit "A.") I make these statements pursuant to 18 Pa. Cons. Stat. §4904 relating to unworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. RHOADS & SINON LLP By: ?6 J. Tick, Es4ufre Attorney ,PD. No. 74486 One S th Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Plaintiff 474283.1 Dated: May 7, 2009 CERTIFICATE OF SERVICE I hereby certify that on May 7, 2009, a true and correct copy of the foregoing document was served by means of regular United States mail, first class, postage prepaid, upon the following: ECDC Old, Inc. 768 Burnt House Road Carlisle, PA 17015 Keith Lehman 768 Burnt House Road Carlisle, PA 17015 Granitite, Inc. P.O. Box 368 Gatlinburg, TN 37738 Jodie K s Postal Service ' m CERTIFIED MAIL; REC T EIP m m (Domes , r %- C3 ' C3 Ct1Z: r•9 Postage $ ;'. -- 6f) Certified Fee q Postmark C3 O Return Receipt Fee f*ere j (Endorsement Required) I C3 C3 Restricted Delivery Fee (Endorsement Required) es & F e Total Postage C3 o nt ?'' ??- ----- ----- -------------------- ----- E .': ox No. ..•---------- are z?a+a 3-1"1 ¦ Complete items 1, 2, and 3. Also complete A• Item 4 if Restricted Delivery Is desired. A ¦ Print your name and address on the reverse X p' E3 Addressee I so that we can return the card to you. B. by (2ed Narne) C. Data of Delivery # ¦ Attach this card to the hack of the mailplece, a FI r - •O or on the front If space permits. - D. Is dellmy address different from item 11 O Yes 1 1. Article Addressed to: If YES, enter delivery address below: ? No A ft kmi-Vi 0yi zed AtcAIF I GrwtiTi tt, I1A< f.? BOAC 3'(p? 3. Gat (i N ?t r TN 3113 8 19 C Iii D Express Man C3 Registered ErRetum Receipt Fier Mad awibe E3 Insured mail O C.O.D. 4. Restricted Denveryi (Exba Fee) E3 We 2. Article Number 7006 0100 11005 1040 7353 Macaw from seMce bw . Domestic Retum Receipt ' Ps Form 3811, February 2004 10250.0 4&1540 RLED--r.; FIC OF TNc PPT t gcw)TRRY 2009 MA Y -8 PM 12: 2 7 PENNISYLYANIA TY