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Home My WebLink About04-4964IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q9(Ot/ 2004 C-; l CIVIL ACTION - (X) LAW ( ) EQUITY JURY TRIAL DEMANDED Pennsylvania Turnpike Commission P.O. Box 67676 Harrisburg, PA 17106 versus Plaintiff and Address Pennsy Supply, Inc. 1001 Paxton Street Harrisburg, PA 17104 and David E. Hanna 536 South Wayne Street Lewistown, PA 17044 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. Defendants and Addresses X Writ of Summons shall be issued and forwarded to O Attorney ) Sheriff Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Names/Address/Telephone No. of Attorney Signature o Attorney Barry A. Kronthal Supreme I.D. o. 55672 Date: a y WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT (S): YOU ARE NOTIFIED THAT THE. ABOVE-NAMED PLAINTIFF(S S /H?VE CO AN /fI?VE CO ACTION AGAINST YOU. R O l?/ HONOT P T /J 1 ?-y,'-",,"-,, ?n??.,t Date: Ae 4 ddo1 BY ,Ai !,? J , ,j EPUTY UU CT4 T _ i0 INSTRUCTIONS TO THE SHERIFF Kindly serve a copy of the Writ upon the Defendant by deputized service at the following address: Pennsy Supply, hie. 1001 Paxton Street Harrisburg, PA 17104 DATE 91,./ ? O fdc al, Esquire t Margo i c'Vlstein 3 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorneys for Plaintiff INSTRUCTIONS TO THE SHERIFF Kindly serve a copy of the Writ upon the Defendant by deputized service at the following address: David E. Hanna 536 South Wayne Street Lewistown, PA 17044 DATE l Esquire 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgroseakeeferu Attorneys for Defendant, PENNSYLVANIA TURNPIKE COMMISSION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO.: 4964-2004 PENNSY SUPPLY, INC. and DAVID E. HANNA, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of the undersigned and Keefer Wood Allen & Rahal, LLP on behalf of the defendants in the above matter. Dated: October / ?, 2004 KEEFER WOOD ALLEN & RAHAL, LLP By STE NL. GROSE Attorney I.D. #31006 415 Fallowfield Road, Suite 301 Camp Hill, PA 1'7011 (717) 612-5802 Attorneys for Defendant, Pennsy Supply, Inc. CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for defendants hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 David E. Hanna 536 South Wayne Street Lewistown, PA 17044 KEEFER WOOD ALLEN & RAHAL, LLP BY G Step en L. Grose Dated: October /Q, 2004 (7 h7 t ? ? ?... ?.'.:? , `ll _J C? ? ,r l L.1 A. ( ( f... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA TURNPIKE COMMIS VS PENNSY SUPPLY INC ET AL 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: PENNSY SUPPLY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 20th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans J Docketing 18.00 Out of County 9.00 j Surcharge 10.00 R. Thom s iin Dep Dauphin Cc 26.25 Sheriff of Cumberland County .00 63.25 10/20/2004 MARGOLIS EDELSTEIN Sworn and subscribed to before me this day of fu d? ,;Z A.D. C? Prothonotaty SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA TURNPIKE COMMISSI VS PENNSY SUPPLY INC ET AL 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 HANNA DAVID E but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of MIFFLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 20th , 2004 , this office was in receipt of the attached return from MIFFLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Mifflin Cc 6.00 9.00 10.00 31.00 nn So answers: R. Thomas-Kline Sheriff of Cumberland County 10/20/2004 MARGOLIS EDELSTEIN Sworn and subscribed to before me this day of UOS? A.D. /, ! i! )'h w Oi , 4 BnC Prothonotar In The Court of Common Pleas of Cumberland County, Pennsylvania Pennsylvania Turnpike Carmission vs. Penny Supply Inc et al SERVE: penny Supply Inc. No. 04-4964 civil . Now October 4, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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, 20_, at within upon at by handing to a and made known to o'clock copy of the original So answers, M. served the the contents thereof. Sheriff of Sworn and subscribed before , me this , day of 120 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA office D e o 5 pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania PENNSYLVANIA TURNPIKE COMMISSION vs County of Dauphin PENNSY SUPPLY INC Sheriff's Return No. 6712-T - - -2004 OTHER COUNTY NO. 4964 2004 AND NOW:October 12, 2004 PRAECIPE FOR WRIT OF SUMMONS at 12:59PM served the within PENNSY SUPPLY INC upon by personally handing to MARTA HENDERSON-RCPT 1 true attested copy(ies) of the original PRAECIPE FOR WRIT OF SUMMONS and making known to him/her the contents thereof at 1001 PAXTON STREET HARRISBURG, PA 17104-0000 Sworn and subscribed to before me this 14TH day of OCTOBER, 2004 1 110 "1 1? NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, ?Cx°% Sheriff of Dauphin County, Pa. 2,. 12 j I BY Sher f'""-' Sheriff's Costs:$26.25 PD 10/08/2004 RCPT NO 200330 RH In The Court of Common Pleas of Cumberland County, Pennsylvania Pennsylvania Turnpike Ca[mission VS. Pennsy Supply Inc et al SERVE. David E. Hanna 04-4964 civil No. Now, October 4, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mifflin 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, .20____, at o'clock M. served the within upon - -- - - at by handing to a copy of the original and made known to Sworn and subscribed before me this - day of 20 the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT Joseph A. Bradley , Sheriff Baron K. Lewis , Chief Deputy Laurie J. Kozak , Deputy Christoher S. Shade , Deputy Plaintiff: Turnpike Commission David W. Molek, Solicitor (717) 248-9656 Court Number: Cumberland Defendant: Pennsy Inc and David E. Hanna Name: David E. Hanna Serve At Name: Type of Writ or Complaint: Writ of Summons Address: 536 S. Wayne Street, Lewistown, Pa. 17044 Address: Writ ? Complaint Indicate Unusual Service: ? Comm. of Pa. ? Deputization ? Other Now 20 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Go. Special Instructions or other information that will assist in expediting service Attorney or other Organization requesting service: Telephone No: Date Filed: Cumberland County Sheriffs 9130/2004 1 ackn ledge receipt of the Writ or C mplaint as indicated above: Date Received: Exp. Date: X =ip eon 10113/2004 10131/2004 Eby eERTIFY and RETURN thfit'f ? have personally served. r? have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", 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, handing a TRUE and ATTESTED copy thereof. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., name above. (See Remarks below.) Name and Title of individual served: ? A person of suitable age and discretion Served Karen Hanna(wife) for David iianna(address provided is incorrect) then residing at the defendent's usual place of abode. Address where served (complete only if different than shown above) Date of Service: Time: 311 Shaw Avenue, Lewistown, Pa. 17044 10118/2004 10:15AM Attempts Date Miles Dep.lnt. Date Miles Dep.lnt. Date Miles Dep.lnt. 2 10/1512004 4 LJK 10/18/2004 4 LJK Advance Costs Service Costs Mileage Postage Surcharge Notary Total Refund $75.00 $18.00 $10.00 $1.00 $0.00 $2.00 $31.00 $44.00 Remarks: (See-othef- i Sworn to and subscribed before me this IVY „I„Z,, y afW X Notarial Seal SHERIFF'S OFFICE Notary Public ,fEUO1BWsandx3uolss(wwoDll HunoO u11{1 W 'aog uMO1sIMa i yAgnd NeWN'NOSStIM'tl tlIOlHltld '?S ltlllitllON MIFFLIN COUNTY 20 North Wayne Street Lewistown, PA 17044 (717) 242-1105 " (717) 242-1808 Fax: (717) 248-2907 So Answers: Dep S r` f urie J. ak ® 10/18/2004 eri Jd?E 10/18/2004 X I/ I Stephen L. Grose, Esquire Attorney LD. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Attorneys for Defendants, Email: sgrose@keeferwood.com Pennsy Supply, Inc. and David E. Hanna PENNSYLVANIA TURNPIKE COMMISSION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO.: 4964-2004 PENNSY SUPPLY, INC. and DAVID E. HANNA, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena duces tecum upon Commonwealth of Pennsylvania, Department of Transportation, Steven Roth, Office of Chief Counsel, pursuant to Pa. R. Civ. P. 4009.22, defendants, Pennsy Supply, Inc. and David E. Hanna, certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; A copy of the notice of intent, including the proposed subpoena, is attached to this certificate as Exhibit A; 3. No objection to the subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP 1.??'? 6_ Dated: June , 2005 By `Stephen L. Grose Stephen L. Grose, Esquire Attorney-[D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sg se(g?kPP ern ood.com PENNSYLVANIA TURNPIKE COABUSSION, Plaintiff vs. PENNSY SUPPLY, INC. and DAVID E. HANNA, Defendants Attorneys for Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 4964-2004 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA DUCES TECUM PURSUANT TO RULES 4009.21 To: plaintiff -and- Barry A. Kronthal, Esquire, counsel for Plaintiff PLEASE TAKE NOTICE that defendant, through its counsel, Keefer Wood Allen & Rahal, LLP, intends to serve a subpoena duces tecum identical to the one that is attached to this notice upon the Commonwealth of Pennsylvania Department of Transportation. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Dated: May 4 , 2005 If no objection is made, the subpoena may be served. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLp By STEPHEN L. GROSS PENNSYLVANIA TURNPIKE COMNUSSION, Plaintiff vs. PENNSY SUPPLY, INC. and DAVID E. HANNA, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FILE NO.: 4964-2004 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: COMMONWEALTH OF PENNSYLVANIA, DEPARTAMNT OF TRANSPORTATION ATTN: Steven Roth Office of Chief Counsel 400 North Street, 9' Floor Harrisburg, PA 17120-0096 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 1 • Copies of the last two (2) inspection reports for Bridge EB-100A Cumberland County (the `Bridge'), who's possession w milepost 226.72 in Commonwealth of Pennsylvania, Department of as transferred mil from the Transportation (DOT) to the Pennsylvania Turnpike Commission. 2. Copies of any documents in any file maintained by the DOT for the Bridge that were Prepared or placed in the file within the ten (10) years prior to the trans the fer to Pennsylvania Turnpike Commission. at: 415 Fallowfield Road, Suite 301, Camp Hill, PA 17011 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate address listed above. Of compliance, to the party making this request at the copi You have the right to seek, in advance, the reasonable cost of preparing the es or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney For: Stephen L. Grose, Esquire 415 Fallowfield Road, Suite 301, Camp Hill, pA 17011 (717) 612-5802 31006 Penny SuPP1Y, Inc. and David E. Hanna, Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for defendants hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Barry A. Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 KEEFER WOOD ALLEN & RAHAL, LLP By 0, Steph L. Grose Dated: June , 2005 < r ui m cy,-c_ c.? ?jfn BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Plaintiff File#41396.4-00010 PENNSYLVANIA TURNPIKE COMMISSION V. PENNSY SUPPLY, INC. AND DAVID E. HANNA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5105 CIVIL ACTION-LAW JURY TRIAL DEMANDED 2 PENNSYLVANIA TURNPIKE COMMISSION V. PENNSY SUPPLY, INC. AND DAVID E. HANNA Tf r COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4964 / =4 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-captioned matter as settled, discontinued and ended. DATE: 67 Y B q Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Plaintiff Gi W 3.>s 0 rv DELSTEIN .ktf 4 • B onthal Es wire 0 _,., -c CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this /6 , day of , 2007, served a true and correct copy of the following on the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Stephen L. Grose, Esquire 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 By: MARGOLIS EDELSTEIN Carol Moose Windir\l Pa Tumpike411396.4-00010\Pleads\Pmecipe to Dismiss.8-9-07.wpd