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Home My WebLink About07-16-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: WALTER PATTERSON ~ O.C. No. 200900533 MOTION FOR SPECIAL ORDER FOR ALTERNATE SERVICE PURSUANT TO Pa.RC.P. 430 Filed on Behalf of: Perini Services/Southampton Manor Limited d/b/a Shippensbnrg Heakh Csre Center Counsel of Record for This Party: SCHUTJER BOGAR LLC Livia F. Langton PA. I.D. #91548 (412) 281-3710 Marijane E. Treacy PA. I.D. #84070 (412) 281-3535 U.S. Steel Tower 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412)281-0530 Chadwick O. Bogaz PA. I.D. #83755 (717)909-5920 417 Walnut Street, 4`s Floor Harrisburg, PA 17101 Fax (717)909-5925 N 0 b ~~ Q ~ G~? i ~'J~ ~ T ~ ~'-' S %~ ~ C Cn , ;TT ~ -Y+ Ca . . cf n0ii p 'S ~ N '" rri - N r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ N ~ a ~ , _ '~, r}j ~./ ORPHAN'S COURT DIVISION '-~~~ ~_7 ~i'(n~ ~!~ V• rA~~. IN RE: WALTER PATTERSON O.C. No. 2009-00553 t~~~ jcv ~" z C:zr'7 - ~ ~~ ` N -- ; MOTION FOR SPECIAL ORDER FOR ALTERNATE SERVICE ~ PURSUANT TO Pa.RC.P. 430 AND NOW, COMES, Perini Services/Southampton Manor Limited d/b/a Shippensburg Health Caze Center ("Plaintiff"), by and through its counsel, Schutjer Bogaz LLC, and files this Motion for Special Order for Alternate Service Pursuant to Pa.R.C.P. 430, as follows: Plaintiff operates a skilled nursing facility, located at 121 Walnut Bottom Road, Shippensburg, PA 17257. 2. Walter Patterson is a resident at Plaintiff's skilled nursing facility, located at 121 Walnut Bottom Road, Shippensburg, PA 17257. 3. Walter Patterson's agent through power of attorney is Eddie L. Collins, whose mailing address is P.O. Box 2105, Harrisburg, PA 17105. 4. On or about June 22, 2009, Plaintiff filed its Petition for Accounting and Turn Over of Benefits against Eddie L. Collins. 5. On or about June 23, 2009, the Court issued a Preliminary Decree and Citation, "directed to Eddie L. Collins to show cause, if any thereby, why an Order should not be entered requiring him to file a full and complete accounting of all transactions undertaken by him with respect to Walter Patterson's resources and income." See the Preliminary Decree attached hereto as Exhibit A. ~~ 6. In accordance with 20 Pa.C.S. §765, Plaintiff, by and through, John Shinkowsky, of Shinkowsky Investigators, attempted to make personal service of the Preliminary Decree and Citation upon Eddie L. Collins at all known physical addresses. See Affidavit of John Shinkowsky attached hereto as Exhibit B. 7. The personal service attempts upon Eddie L. Collins have been unsuccessful. See Exhibit B. 8. Plaintiff retained Shinkowsky Investigations to investigate the actual physical address for Eddie L. Collins, including inquiries with postal authorities and intemet searches, which investigation revealed only the same post office box address that the Plaintiff has had on record for Eddie L. Collins. See Exhibit B. 9. The post office box address, of P.O. Box 2105, Harrisburg, PA 17105, has been used successfully for service by Certified Mail upon Eddie L. Collins in a related Orphan's Court Division matter. See signed Retum Receipt attached hereto as Exhibit C. 10. Pursuant to 20 Pa.C.S. §768, notice in an Orphan's Court proceeding may be made "by personal service, by registered mail, by publication or otherwise, as the division shall direct by general rule or special order." 11. The post office box is the only known way to communicate with Eddie L. Collins, as he refuses to receive or return telephone calls and personal service cannot be made. 12. Service of the Preliminary Decree and Citation by Certified Mail, return receipt requested, would provide adequate notice to Eddie L. Collins of the proceedings filed against him, which the Court has the authority to permit by special order. 2 WHEREFORE, Plaintiff requests that the Court enter a Special Order permitting Alternate Service of the Preliminary Decree and Citation upon Eddie L. Collins by Certified Mail, return receipt requested. Respectfully submitted, SCHUTJER BOGAR LLC Dated: T`~" By. ~v Livia F. Langto PA. I.D. #91548 (412)281-3710 Marijane E. Treacy PA. I.D. #84070 (412)281-3535 U.S. Steel Tower 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412)281-0530 Chadwick O. Bogar PA. I.D. #83755 (717)909-5920 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Fax (717) 909-5925 Attorneys for Plaintiff 3 EXHIBIT "A" JUN 2 Z 1009 ~ IN THE COURT OF COMMON PLEAS.OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: WALTER PATTERSON O.C. No. a ~ O - I ~~~ 3 PRELIMINARY DECREE AND NOW, this ~y day of ~ ~ 1'LQ~ 2009, upon consideration of the annexed petition, a Citation is issued and directed to Eddie L. Collins to show cause, if any there be, why an Order should not be entered requiring him to file a full and complete accounting of all transactions undertaken by him with respect to Walter Patterson's resources and income from June 29, 2007 to the present. A copy of the petition shall be served with the citation. Citation returnable ~ ~ days from the date of service. / o ^; :~~~' ~ ~~ c ' . ~-~~~ ~ TSC~ .Z ~= < [~ ~ m W ~~ ~J ~cn~ C.: C7 ' T ~L ~ O~ W ` ~n y .C EXHIBIT "B" IAT THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 2009-00553 AFFIDAVTf OF SERVICE In Re; Welter Patterson vs. Coaeoawaalih of Paansylvania CovnLy eE nanpl+ia aa. I, John Shlnkowaky, a wmpetent adult, being duly sworn according to law, depose and say that at 10:14 AM on 07/13/2009, I nan-served Eddie L. CoWm, Jr. at 2234 Penn Street , Harrlabnrg, PA 17105 in the manner described below: a true and correct copy of PetltMn for Aceountiag and Trun Over of Beaeflb; Prellmlaary Decree; Final Decrce; Prellmlaary Decree issued is the above captioned mattes Commente/Prev. Attempts: 06119/2009 8:26 PM - No answer. The property appears vacant. Glass b mBsisg from the frront storm door sad there V a building permk S'om 2007 in a front window. 07/02/2009 A "Request for Change of Address'• was sent to the Postmaster in Chambersbarg, Penosylvanls. As of July 13, 2009 no respowe hss been received. x S o and sub c ibed bnEore me on t is Jo Shinkowe cy dsy of ~ , 20~. SY nkowaky Inves ions ' 316 Hawn Ridge N r Harrisburg, Pa LO (800) 276-0]02 N Y L Atty File#: BHCC-001 -Our Pile# 7890 Law Firm: Schntjer Boger, LLC - Pittsburgh Address: 600 Graet Street, Suite 3290, Pittsbut'gh, PA, 15219 Telephone: (412) 281-0965 comnnoNwrwLtHOF rsNNSrtv~Nla NOTARIAL 9FAL Biro M. Jobnton, Nonvy Public lalar t'anmToavtip, Da:phla Ceaory Nambv Ia zo>s EXHIBIT "C" ^ Complete Rams 1, 2, and 3. Also complete Ran 4 R ResMcted Delivery Is desired. ^ Print your name and addmss on the reverse so that we can return the card to you. ^ Attach this card to the t~k of the mailpiece, or on the front R space pertnils. 7CCNa/Icle Adtlresaed to: G4~ ~~~~ ~~~ ~,7~~.~ a siarwmae X ~ ^ Addressee s. 'ex (t~rded camel c. Date rn Deiwery D. b delNery Razn 1? ^ Vas RTES, ^ "o ~ ~ 2 s. service -- a ,~, ~,w 4. ReetrkRed DeYveryF(Exaa Feej ^ Vas s' "'~eNOinOef 7009 X820 ^000 779 0265 ~nensrarrrom aewke ~1 PS Form 3811, Fetxuary 2004 Domest~ Return Receipt tozsesoz-M-tsao CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing Motion for Special Order for Alternate Service Pursuant to Pa.R. C.P. 430 was served via first-class, United States mail, postage prepaid, upon the following: Eddie L. Collins Agent for Walter Patterson P.O. Box 2105 Harrisburg, PA 17105 Date: 7/~~ BY rr/ Lin a Scisciani, Pazalegal