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HomeMy WebLinkAbout04-3700 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - "J.,,/d) Civil Civil Action - (XX) Law ( ) Equity Rodney S. Evans. 229 Lincoln SI. Carlisle, PA 17013 Craig M. Davis 55 Faith Circle Carlisle. PA 17013 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (1) Writ of Summons in the above-captioned action, One (1) Writ of Summons shall be issued and forwarded to ( )Attorney (XX)Sheriff Matthew S. Crosby, Esquire 1300 Linolestown Rd. Harrisbura. PA 17110 (717) 238-2000 Name/Addressrrelephone No. of Attorney ature of A torney Supreme Court ID No. 69367 Date: 07126/2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE.NAMED PLAINTIFF(S) HAStHAVE COM~MNCE N ACTION AGAINST YOU, (), -:'I ( J .vf-Ru K. . ~ ProthonotarY 0 Date .JiA .Lf ~ ~I ).~()'-I '--.Qy ~tn.J> ~ f!. ~/j/U~~ 1 F {Deputy ( ) Check here If reverse IS used for additional information PROTHON. - 55 ( A..J (.:::I ~ tt- 1L U) ~ ..... ......... CJ( V) -- 0 ~ ~ ~ ..... ~ tJ 12 1- ---- (') c: <~., ;~E~{ 0~J ::: L. .....~:" ~; I_~ ~F: :Z =< ....., C'? c:::. .- <- c: , N co -U :;l!: <.0 W .s:- c::. -n :;1 fi'1;.:: -or" :P'Y O() ~~~] (5(~ :,-i :b -< (3 .-.--.----. RODNEY S. EVANS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3700 Civil Term v. CIVIL ACTION - LAW CRAIG M. DAVIS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned matter settled, discontinued and satisfied. HANDLER, HENNING & ROSENBERG, LLP Bd:::l~ Matthew S. Crosby, Esq. Supreme Court ID No. 69367 1300 Lin!~lestown Rd. Harrisburg, PA 17110 Tel. No.: 717-238-2000 DATE: ~ 0J200q- , Attorneys for Plaintiff ~ "':" '"\J6~ q}Lr ';:~ en _/ L::i,~. .~~, ~iJ 7C: ~ ~ "'" "" (- c:: ..- , ()'\ ~ -I if.,~ =E.~" C) _'-l - ~1:~:A ,<~rn ~l ---:;:;- 'j..'1 -< -0 :::0:. <.f? N N - SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03700 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EVANS RODNEY S VS DAVIS CRAIG M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAVIS CRAIG M but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , DAVIS CRAIG M 55 FAITH CIRCLE CARLISLE, PA 17013 CURRENT RESIDENTS HAVE BEEN AT 55 FAITH CIRCLE FOR 2 YEARS. DEFENDANT IS UNKNOWN TO THEM. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 HANDLER HENNING ROSENBERG 08/09/2004 Sworn and subscribed to before me this 1M' day of.1~ ;l()V 'I A . D . (1 Q. ~ ,P~r. p~ary ,-y-I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No 2004 - -~7t')f) Civil Civil Action. (XX) Law ( ) Equity Rodney S. Evans. 229 Lincoln SI. Carlisle, PA 17013 Craig M. Davis 55 Faith Circle Carlisle, PA 17013 versus Plaintiff(s) & Address(es) Defendant(s) & Address( es) PRAECIPE FOR WRIT OF SUMMONS Matthew S. Crosbv, Esquire 1300 Linqleslown Rd. Harrisburq, PA 17110 (717) 238-2000 NameiAddressfTelephone No. of Attorney () o ~ TO THE PROTHONOTARY OF SAID COURT Please issue one (1) Writ of Summons in the above-captioned action. One (1) Writ of Summons shall be issued and forwarded to ( )Attorney (XX)Sheriff nature of A torney Supreme Court ID No. 69367 Date 07t26i2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAStHAVE COMMENCED AN ProthonotarY Date JuJ" 'P, ..2COY ,---by 41fl-t.t1_P ;e/Z(:V., r l Deputy ( ) Check here If reverse IS used for additional Information PROTHON .. 55 '"1'"'''..',' ..~.., C',""- } ~.~, ? r.: "!.,5 C;'r:r;r'f1ro ~. .,-,. ....""'" ~ 1 ~J In j'li..;lirnOf,jI ;,...;; (j,<;o set mv hand n.... I'''.' c" "0" .... .. f'" ,\ I P ,...",..." J'.'ii' '~."~I"'''fI'Sll,a. This It')' (J ,~--+-..... --- '4 q.-, f) {? 4/1 I.J , ". JQ:::) - honolary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03700 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EVANS RODNEY S VS DAVIS CRAIG M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAVIS CRAIG M but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , DAVIS CRAIG M 55 FAITH CIRCLE CARLISLE, PA 17013 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 . ..~"::;~? So an,:;:~;;fu~f.~....:~:::..~:i:-">:.?/ /"~. ./ ~,.. R. Thoma line Sheriff of Cumberland County HANDLER HENNING ROSENBERG 08/27/2004 Sworn and subscribed to before me this /,,0.1- day of Jpt'A>>J-....- cJov4 A.D. r} <<, () 7?utJ~J AJJ,4. pr~~tary J F:\WP Directories\BWS\Motions & Petitions\Service by Publication\Evans.wpd RODNEY S. EVANS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-3700 Civil CRAIG M. DAVIS, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR SERVICE BY PUBLICATION AND NOW, comes the Plaintiff, Rodney S. Evans, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and hereby moves this Honorable Court for a special order directing service by publication pursuant to Pennsylvania Rule of Civil Procedure 430(b), and in support thereof, avers the following: 1. On or about July 28, 2004, Plaintift~ Rodney S. Evans, filed a Writ of Summons in the Court of Common Pleas of Cumberland County, naming Craig M. Davis as the Defendant. 2. This is negligence action, arising out of a collision that occurred on or about August 24, 2002. 3. Plaintiff has tried various ways of locating Defendant, Craig M. Davis, to serve the Writ of Summons, but has been repeatedly unsuccessful in these efforts. Attempts by the Plaintiff to locate and serve Defendant, Craig M. Davis include, but are not limited to: (a) July 28, 2004 - Plaintiff's counsel instructed the Sheriff of Cumberland County to serve Defendant, Craig M. Davis with a Writ of Summons at 55 Faith Circle, Carlisle, P A 17602. -1- (b) August 12, 2004 - Plaintiffs counsel received a return of service indicating that Sheriff R. Thomas Kline attempted to serve the Defendant at 55 Faith Circle, Carlisle, P A 17602, but upon arrival, found that the residents at that address had lived there for two years and Defendant, Craig M. Davis is unknown to them. (c) August 16, 2004 - Plaintiff s counsel instructed the Sheriff of Cumberland County to serve Defendant, Craig M. Davis, with a Writ of Summons at 620 N. Pitt St., Carlisle, PA 17013. (d) August 31,2004 - Plaintiffs counsel contacted the Cumberland County Sheriffs office regarding the status ofthe service attempt at 620 N. Pitt St., Carlisle, P A 17013. Plaintiff s counsel was informed that Defendant was not served because Defendant had moved and left no forwarding address. ( e) September 1,2004 - Defendant, Craig M. Davis, contacted Plaintiff s counsel by telephone. He stated that he was calling from Syracuse, New York, but would not reveal his address. He did provide a cellular telephone number and stated that he was only in Syracuse for the holiday weekend and would be returning to the Carlisle area.. 4. Plaintiff, through his undersigned.counsel and the aforementioned process servers, has made additional investigations through inquiries of postal authorities, neighbors, tax offices, employers and others who might have information regarding Defendant Craig M. Davis' whereabouts. 5. Plaintiff, therefore, requests this Honorable Court permit service by publication -2- pursuant to Pa. R.C.P. 430(b) in the form attached hereto, made a part hereof, and marked "Exhibit A.'~ WHEREFORE, Plaintiff, Rodney S. Evans, respectfully requests that this Honorable Court issue an Order, pursuant to Pa.R.C.P. 430, permitting service upon Defendant, Craig M. Davis, be made by publication. Respectfully submitted, HANDLER, HENNI G & ROSENBERG, LLP DATE: q \ l<t\W04 ~ Matthew S. Crosby, Esq. I.D. # 69367 1300 Linglestown Road Harrisburg, P A 17110 BY: Attorneys for Plaintiff (717) 238-2000 -3- RODNEY S. EVANS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-3700 Civil CRAIG M. DAVIS, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT In accordance with Pennsylvania Rule of Civil Procedure 430(b), Matthew S. Crosby, Esq., being duly sworn according to law, deposes and says that he makes this Affidavit on behalf of the within Plaintiff, Rodney S. Evans, being authorized to do so; that the Defendant, Craig M. Davis, cannot be located and his whereabouts are unknown after a good-faith and diligent effort to locate and serve said Defendant. Matthew S. Crosby, Esq., being duly sworn deposes and says: I. Affiant is the attorney for Plaintiff in the above-entitled action and is entirely familiar with the facts and circumstances in this action. 2. This Affidavit is in support of Plaintiffs Motion for an Order directing service of Writ of Summons be made upon Defendant, Craig M. Davis, by publication in the legal publication, if any, designated by the Court for publication of legal notices and in one newspaper of general circulation within Cumberland County most likely to give Defendant notice ofthis action. 3. Defendant, Craig M. Davis, cannot be located and served and his whereabouts are unknown after a good-faith and diligent effort, which included the inquiries set forth in the accompanying Motion for Service by Publication. ING & ROSENBERG, LLP ~( Matthew S. Crosby, Esq. LD. # 69367 1300 Linglestown Road Harrisburg, PA 17110 --... DATE: q I \'1{UO if BY: Attorneys for Plaintiff (717) 238-2000 tr:.... before me, IS l1. day of (~ , NOTARIAL SEAL VERA F. FREED. NoIllIY NlIIc ~ Twp.. 0auIll*l 00I.IlIy My COmmIs8lon Explfes Aug. 28. Itlll!I ~ rT 6~ Notary Public RODNEY S. EVANS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2004-3700 Civil CRAIG M. DAVIS, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY NOTIFIED that a civil action was brought against you in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 2004-3700-Civil by Rodney S. Evans, for personal injuries. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone 717-249-3166 or 800-990-9108 SEP 1 7 2004 ~. RODNEY S. EVANS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-3700 Civlil CRAIG M. DAVIS, Defendant. CIVIL ACTION - ]l,A W JURY TRIAL DEMANDED AND NOW, this ORDER ~fJ day of S(f+ , 2004, upon consideration of Plaintiffs Motion for Service by Publication upon Defendant, Craig M. Davis, and it appearing to the Court that Plaintiff has made a good-faith effort to locate and serve Defendant in the regular course, IT IS HEREBY ORDERED that said Motion is granted, and service upon Defendant, Craig M. Davis, is to be made by publication pursuant to Pa.R.C.P. 430(b) in the form provided as "Exhibit A" to Plaintiffs Motion for Service by Publication. ~.:t.. ,1\,.U\:,i~,:- Z., " .",,' .f' "C' !II .4_.j 0' I"V, ('')nz In.i C .~_:~) 'IUD ~In -'\.-' RODNEY S. EVANS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-3700 Civil CRAIG M. DAVIS, Defendant CIVIL ACTION-LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN ) I, MATTHEW S. CROSBY, hereby certifY that I served the Writ of Summons in the above-captioned matter on Defendant, Craig M. Davis, by publication in The Sentinel, a Cumberland County newspaper, on October 6, 2004, and in the Cumberland Law Journal, on October 8, 2004, pursuant to an Order so directing service to be made in this manner. Attached here to made a part hereof, and marked "Exhibit A" and "Exhibit B," are the Proofs of Publication from The Sentinel and fro land Law Journal, respectively. / ~AL) and ~cribed this 15" day of l:)c..TO BcP- 2004. ~ . U=~~( Notary Public --' Sworn to before me NOTARIAL SEAL VERA F. FREED, NoImy NIIIo Susquehanna Twp., 0auJlI*l Ocafty I My Commission Expires Aug. 28, am n > ::l 2 ) [,x'h,'bl{ A PROOF OF PUBLICATIOl'~ State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Customer Care/Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEl. has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s) October 06,2004 COPY OF NOTICE OF PUBLICATION ::.=:' ..-.,... . - .dt' ~ "'IM" ..........: . lIt_-lIIIoO 1lLI' .pl. ~ .'n ~= .,or.p",,"" "".,:ln1porta~toyou.' 1lII...$itIllJtI.O.'.'.. .........t.AKETHlliP... .,. "lO:_,.'....~..".. .~.,A .0Nce.... ' .lfyOT ~1i~IIRORCAtlNP,,""1IllJ ~~, ~MfE~TtPRTH BELP"'T~UilIllQQ"W. .. ,.-e'~'UlGAi.'HELP. CUMBIlRIi"ND" ~ .'.lIAA.. .~. 'tIQN . H..lb4rlYib4rIY. ,"'~;J'A . 0.3 TetejihO.-?1 ' -. 108 'ltA""";lIIi'fiNtIm ..~. ' BIllIG, LLP Bttft""~ s.~. ~8qO~ 1.0. No. 69:ll$7 : ' , lllOO UilgIolI_ Rillill' . ~PAt7'1~~ ~ ,. ,. , '.. "il<ItIIf Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of pub 'cation are tru~~~ / Sworn to and subscribed before me this 06th day of October, 2004 ~~ My commission expires: uti' lof ~COMMONWEA=~NNSYLVANIA ChrisIir18 L. Wolle, NoIary Public . Ca~isIe 80m, eu_1d Coonty My eam_ EJcpIres Sept. 1, 2008 Member. PeMsylvania Association Of Notaries EXHIBIT A CX~lbl't b PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since J anUluy 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz OCTOBER 8, 2004 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ? Lisa Marie co~~ii~litor SWORN TO AND SUBSCRIBED before me this 8 day of OCTOBER, 2004 ~ ~A~ i. l AL SEAL LOIS E. SNYDER, N'otary Public Carlisle Boro, Cumbel1and County My Commission Expires March 5, 2005 EXHIBIT B CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania CMI Action-Law No. 2004-3700 CMl RODNEY S. EVANS. Plaintiff v. CRAIG M. DAVIS. Defendant NOTICE YOU ARE HEREBY NOTIFIED that a civil action was brought against you in the Court of Common Pleas of Cumberland County, Pennsylva- nia. at Docket No. 2004-3700 by Rodney S. Evans, for personal inJu- ries. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and no- tice are served, by enteIing a writ- ten appearance personally or by at- torney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT 2 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUN1Y BAR ASSOCiATION 2 Liberty Avenue Carlisle. PA 17013 Telephone (717) 249-3166 or (800) 990-9108 MATTIJEW S. CROSBY. ESQUIRE l.D. No. 69367 HANDLER. HENNING & ROSENBERG. LLP Attorneys for Plaintiff 1300 Linglestown Rd. Harrisburg. PA 17110 (717) 238-2000 Oct. 8 (.' 1"...) (,::",.' C.:.) _L- :~r'1 __j ir ",1 (c.,) (.') (':1 ;rll _.1 .<.