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HomeMy WebLinkAbout13-1610 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 3- ( L¢I o C' ►v A CIVIL ACTION — LAW v ` STUART G. GRANT, JR. MAJOR NELSON 2176 Jesse Lane 5230 Williams Road m-,' York PA 17404 Hernando MS 38632 MARCO TRANSPORTATION'^ 1985 Good Haven Drive Memphis, TN 38111 MICHAEL TATE d/b /a MARCO TRANSPORTATION 1985 Good Haven Drive Memphis, TN 38111 Plaintiff(s)& Defendant(s) Address(es) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendants, Major Nelson, Marco Transportation and Michael Tate d/b /a Marco Transportation. The Writ of Summons should be time - stamped and returned to the undersigned, attorneys for the Plaintiff, for out -of -state service by a process server. METZGE , ICKERSHAM U S & ERB, P.C. By An a M. Cohick, Esquire I.D. No. 307410 Zachary D. Campbell, Esquire I.D. No. 93177 3211 North Front Street fl P.O. Box 5300 11 Harrisburg, PA 17110 -0300 410 ,7�� Q �(717) 238 -8187 ( 11 Dated: Attorneys for Plaintiff Ct,tt ;W 520982 -1 "O VC4 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 -0300 (717) 238 -8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . 1 vs. NO. - U D 1 MAJOR NELSON, CIVIL ACTION — LAW MARCO TRANSPORTATION and MICHAEL TATE d/b /a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Major Nelson 5230 Williams Road Hernando, MS 38632 Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 Michael Tate d/b /a Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 You are hereby notified that Plaintiff, Stuart G. Grant, Jr., has commenced an action against you. Pr onotary Dated: j 520982 -1 Ir L.ED- FFIC� �u I PF METZGER, WICKERSHAM, P.C. t W Ot4orAR,� By: Andrea M. Cohick, Esquire 7013API� 26 Ptf Attorney I.D. No. 307410 'r Zachary D. Campbell, Esquire CUtlSERLAND Attorney I.D. No. 93177 PENIjS YLV COUNTY 3211 North Front Street ANIA P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE 1, Andrea M. Cohick, Esquire, counsel for Plaintiff, Stuart G. Grant, Jr., in the above captioned action, hereby certify that a true and correct copy of the Praecipe for Writ of Summons and Writ of Summons was served upon Defendant, Marco Transportation, on April 13, 2013 at 8:14 a.m. in the manner set forth in the Affidavit of Process Server prepared by Gerald P. Strickland, Process Server of National Association of Process Servers which is attached hereto and incorporated herein by reference as Exhibit"A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 523309-1 METZGER, ICKERSHAM, KN US i&JRB, P.C. By: Andrea M. Cohick, Esquire Attorney ID No. 307410 Zachary D. Campbell, Esquire Attorney ID No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 ll Attorneys for Plaintiff Dated: �I �(JV�! 523309-I c.� �' ' Affidavit of Process Server In The Court of Common Pleas Cumberland County, Pennsylvania (NAME OF COURT) Stuart G. Grant, Jr vs Marco Transportation 13-1610 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER l Gerald P. Strickland ,being first duly sworn,depose and say: that t am over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,I was authorized by law to perform said service. Service: I served Marco Transportation NAME OF PERSON 1 ENTITY BEING SERVED with (list documents) Praecipe for Writ of Summons and Writ of Summons by leaving with Michael Tate owner At NAME RELATIONSHIP ❑ Residence ADDRESS CITY/STATE ❑ Business 1985 Good Haven Dr Memphis, TN 38111 ADDRESS CITY/STATE On V-13 - 13 AT r q,4 DATE TIME ❑ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid,first class mail on DATE from CITY STATE ZIP Manner of Service: ❑Personal: By personally delivering copies to the person being served. o Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. vSubstituted at Business: By leaving,during office hours,copies at the office of the person/entity being served with the person apparently in charge thereof. ❑Posting:By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es)listed above, I have been unable to effect process upon the person/entity being served because of the following reasons): ❑Unknown at Address ❑Moved,Left no Forwarding ❑Service Cancelled by Litigant ❑Unable to Serve in Timely Fashion ❑Address Does Not Exist ❑Other . Service Attempts:Service was attempted on: (i), r ^ zK (2} r y r DATE- - 'TIME:, DATE .TIME. DATE TIME DATE �y TIME DATE TIME Description:. Agee' Sex Race Height Weight Haire Beard Glasses SIGNATURE OF PROCESS SERVER SUBSCRIBED AND SWORN to before me this tl day of 20a, by Proved to me on the basis of satisfactory evidence to be the person }who app ar before SIGN&TAE OF NOTARY PUBLIC ' NOTARY PUBLIC for the state of '° •' ,rte,,f/ "•�� FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS My Comin t r,,?.b-1.2016 IRE D-OFFICIE METZGER, WICKERSHAM, P.C. OFFHE PROTHONOTARY By: Andrea M. Cohick, Esquire 2013 APR 26 P14 '1: 14 Attorney I.D. No. 30741 Zachary D. Campbell,Esquire CUMBERLAND COUNTY Attorney I.D. No. 93177 PENNSYLVANIA 3211 North Front Street P.O. Box 5300 Harrisburg,PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Andrea M. Cohick, Esquire, counsel for Plaintiff, Stuart G. Grant, Jr., in the above captioned action,hereby certify that a true and correct copy of the Praecipe for Writ of Summons and Writ of Summons was served upon Defendant, Michael Tate d/b/a Marco Transportation, on April 13, 2013 at 8:13 a.m. in the manner set forth in the Affidavit of Process Server prepared by Gerald P. Strickland, Process Server of National Association of Process Servers which is attached hereto and incorporated herein by reference as Exhibit"A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. 523309-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: - J� ' An ea M. Cohick, Esquire Attorney ID No. 307410 Zachary D. Campbell, Esquire Attorney ID No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Dated: 523309-1 L r 1 Affidavit of Process Server In The Court of Common Pleas Cumberland County, Pennsylvania (NAME OF COURT) Stuart G. Grant, Jr vs Michael Tate d/b/a Marco Transporation 13-1610 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER Gerald P. Strickland first duly sworn,depose and say: that I am over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,I was authorized by law to perform said service. Service: I served Michael Tate d/b/a Marco Transporation NAME OF PERSON/ENTITY BEING SERVED with(list documents) Praecipe for Writ of Summons and Writ of Summons by leaving with Michael Tate owner At NAME RELATIONSHIP ❑ Residence ADDRESS CITY/STATE * Business 1985 Good Haven Dr Memphis, TIN 38111 ADDRESS CITY STATE K,1 3 On (1 - 13--(3 AT 1 DATE TIME ❑ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid,first class mail on DATE from CITY STATE ZIP Manner of Service: ❑Personal: By personally delivering copies to the person being served. ❑Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. ta Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. n Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served, Non-Service: After due search,careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): 0 Unknown at Address ❑Moved,Left no Forwarding; ❑Service Cancelled by Litigant D.Unable to Serve in Timely Fashion ❑Address Does Not Exist ❑Other Service Attempts:Servi6e was attempted on: (1) (2) DATE TIME­ - DATE TIME (4) (5) DATE TIME DATE TIME DATE TIME Description:. Age-S—f Sex 124 Racex Height 6 Weight HairleAll B and Glasses SIGNATURE OF PROCESS SERVER SUBSCRIBED AND SWORN to before me this day of 2 0 by Proved to me on the basis of satisfactory evidence to be the e w p rs6n(IR'who ap eared before me. SIGNATURE OF NOTARY PUBLIC NOTARY PUBLIC for the state of My Corli'm, FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS OFF THE*. PROTHC)t;OTAR) METZGER, WICKERSHAM, P.C. ?013 JUN 18 AM It: 24 By: Andrea M. Cohick, Esquire CUMBERLAND COUNTY Attorney I.D. No. 307410 PENNSYLVANIA Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ that was filed in the above-captioned action on March 26, 2013, a copy of which is attached hereto. METZGE ,WICKERSHAM, N USS &ERB,P.C. By: Andrea M. Cohick,Esquire I.D.No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg,PA 17110-0300 (717)238-8187 Date: W` 2013 Attorneys for Plaintiff 527505-1 Oil a y FIFO-OFFICE CF .!HE FROTH O' NUT>v1'Y 20!3 rAUG 26 A17 I1. vL GU � F RS f N0 C0UNTY METZGER, WICKERSHAM, P.C. f'c�z�5 Y LVA,N I A By: Andrea M. Cohick,Esquire Attorney I.D.No. 307410 Zachary D. Campbell, Esquire Attorney I.D.No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED MOTION FOR ALTERNATIVE SERVICE OF WRIT BY PUBLICATION Plaintiff,Stuart G.Grant,Jr., by and through his attorneys,Metzger,Wickersham,Knauss& Erb, hereby file the within Motion pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure and in support thereof aver as follows: 1. On March 26,2013,Plaintiff in the above-captioned action filed a Praecipe for Writ of Summons and Writs were issued against Defendants, Major Nelson, Marco Transportation and Michael Tate d/b/a Marco Transportation. See copies of the Writs attached hereto and incorporated herein by reference as Exhibit"A". 532597-1 2. Defendant,Marco Transportation,was served with the Writ of Summons on April 13, 2013 at 8:14 a.m.by Gerald P. Strickland,Process Server. See Affidavit of Process Server attached hereto and incorporated herein by reference as Exhibit"B". 3. Defendant, Michael Tate d/b/a Marco Transportation, was served with the Writ of Summons on April 13,2013 at 8:13 a.m. by Gerald P. Strickland,Process Server. See Affidavit of Process Server attached hereto and incorporated herein by reference as Exhibit"C". 4. On April 17, 2013, Gerald P. Strickland, Process Server attempted to serve Defendant,Major Nelson,at his last known address of 5230 Williams Road,Hernando,Mississippi. The Process Server noted that the Defendant had moved and left no forwarding address. See Affidavit of Service attached hereto and incorporated herein by reference as Exhibit"D". 5. On April 22,2013,Plaintiff s counsel performed an internet search on the Defendant, Major Nelson. As of April,2013,it confirmed that the Defendant was still residing at 5230 Williams Road, Hernando, Mississippi. 6. On May 8, 2013, Plaintiff's counsel performed another internet search on the Defendant, Major Nelson. As of May, 2013, it confirmed that the Defendant was still residing at 5230 Williams Road, Hernando, Mississippi. 8. On May 29, 2013, Plaintiff's counsel performed another internet search on the Defendant, Major Nelson. As of May, 2013, it confirmed that the Defendant was still residing at 5230 Williams Road, Hernando, Mississippi. 7. Because the Process Server could not locate and serve Defendant, Major Nelson, Plaintiff's Writ of Summons in the above-captioned matter was reissued on June 18, 2013. See reissued Writ of Summons attached hereto and incorporated herein by reference as Exhibit"E". 532597-1 8. On June 19, 2013, Plaintiff s attempted to serve the Defendant, Major Nelson, via U.S.First Class Mail and Certified Mail,Restricted Delivery. On July 19,2013,Plaintiff's counsel received the Certified mailing back as "Unclaimed." See correspondence and copy of returned envelope attached hereto and incorporated herein by reference as Exhibit"F". 9. On July 2, 2013, Plaintiff's counsel performed another internet search on the Defendant, Major Nelson. As of July, 2013, it confirmed that the Defendant was still residing at 5230 Williams Road, Hernando, Mississippi. 10. On August 8, 2013, Plaintiff's counsel performed another internet search on the Defendant, Major Nelson. As of July, 2013, it confirmed that the Defendant was still residing at 5230 Williams Road, Hernando, Mississippi. 11. On August 12, 2013, Plaintiff attempted to confirm a change of address for Defendant, Major Nelson. As of August 17, 2013, no change of address had been reported to the United States Postal Service. See Change of Address forms attached hereto and incorporated herein by reference as Exhibit"G". 12. As indicated above, Plaintiff has been diligent and has made a good faith investigation since March, 2013 to ascertain the present residence and whereabouts of Defendant, Major Nelson, but were unsuccessful. 13. An "Affidavit of Investigation Pursuant to Pa.R.C.P. No. 430(a)" is attached hereto, incorporated herein and marked as Exhibit "H". 14. Plaintiff has exhausted every avenue available in their attempts to serve Defendant, Major Nelson. 532597-1 15. Plaintiff has not been able to serve the Writ pursuant to Rule 402,403 or 404 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit service of the instant Writ upon Defendant, Major Nelson, by publication pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS &ERB, P.C. B ix Y• Andrea M. Cohick, Esquire Attorney 1.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 1 ' (717) 238-8187 Dated: u , Attorneys for Plaintiff 532597-1 VERIFICATION I,Andrea M.Cohick,Esquire do hereby certify and say that I am the attorney of record in this matter for Plaintiff, Stuart G. Grant,Jr., and that I am authorized to make this Verification on their behalf. In addition,I verify that the statements made in the foregoing Petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: Andrea M. Cohick, Esquire 532597-1 CERTIFICATE OF SERVICE I, Andrea M. Cohick, Esquire, do hereby certify that on August a, 2013, 1 served a true and correct copy of the within Motion for Alternative Service of Writ of Summons By Publication upon the following individual by First Class United States Mail to: Akilah Ivery Canal Insurance Company P.O. Box 7 Greenville, SC 29602 Andrea M. Cohick, Esquire 532597-1 �� P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEJN2NSYL/VANIA _ CIVIL ACTION—LAW STUART G. GRANT, JR. MAJOR NELSON,; 2176 Jesse Lane 5230 Williams Road c"r- N York, PA 17404 Hernando, MS 38632 MARCO TRANSPORTATION CD = 1985 Good Haven Drive Memphis, TN 38111 MICHAEL TATE d/b/a MARCO TRANSPORTATION 1985 Good Haven Drive Memphis, TN 38111 Plaintiff(s)& Defendant(s) Address(es) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Defendants, Major Nelson, Marco Transportation and Michael Tate d/b/a Marco Transportation. The Writ of Summons should be time-stamped and returned to the undersigned, attorneys for the Plaintiff, for out-of-state service by a process server. METZGER, ICKERSHAM AU S & ERB, P.C. I i By An &a M. Cohick, Esquire I.D. No. 307410 Zachary D. Campbell,Esquire I.D.No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg,PA 17110-0300 (717)238-8187 Dated: �' 1 W .I 1��,aD�3 Attorneys for Plaintiff 520982-1 METZGER, WICKERSHAM,P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Major Nelson 5230 Williams Road Hernando, MS 38632 Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 Michael Tate d/b/a Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 You are hereby notified that Plaintiff, Stuart G. Grant, Jr., has commenced an action against you. Prothonotary Dated: TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand 520982-1 and the sea!of said Court,,a,t,Carlisle, Pa. � This ,&day of—_1L1�VGLt�20--- I Prothonotary Affidavit of Process Server In The Court of Common Pleas Cumberland County, Pennsylvania (NAME OF COURT) Stuart G. Grant, Jr vs Marco Transportation 13-1610 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER I Gerald P. Strickland ,being first duly sworn,depose and say: that 1 am over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,l was authorized by law to perform said service. Service: I served Marco Transportation NAME OF PERSON/ENTITY BEING SERVED with (list documents) Praecipe for Writ of Summons and Writ of Summons by leaving with Michael Tate owner At NAME RELATIONSHIP ❑ Residence ADDRESS CITY/STATE ❑ Business 1985 Good Haven Dr Memphis, TN 38111 ADDRESS CITY/STATE �, On �—13 13 AT F. � ✓ C 7 � I DATE TIME ❑ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid,first class mail on DATE from CITY STATE ZIP Manner of Service: ❑ Personal: By personally delivering copies to the person being served. ❑Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. E;jSubstituted at Business: By leaving,during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ❑Posting:By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es)listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ❑Unknown at Address ❑Moved,Left no Forwarding ❑Service Cancelled by Litigant ❑ Unable to Serve in Timely Fashion ❑Address Does Not Exist ❑Other Service Attempts:Service was attempted on: (1) (2) DATE TIME DATE TIME (3) (4) (5) DATE TIME DATE TIME DATE TIME Description:. Ages Sex ""? Race -a Height 6 Weight Haire Beard Glasses SIGNATURE OF PROCESS SERVER SUBSCRIBED AND SWORN to before me this L day of , 2013, by `;tip•_; f. : , Proved to me on the basis of satisfactory evidence to be the person )who t SIG T E OF NOTARY PUBLIC. '`;,--, f NOTARY PUBLIC for the state of � FORM NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS Er.Y,5.j .�01� �� C. Affidavit of Process Server In The Court of Common Pleas Cumberland County, Pen r-isylvania (NAME OF COURT) Stuart G. Grant, Jr vs Michael Tate d/b/a Marco Transporatiorl 13-1610 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT -----UASE—NUMBER Gerald P. Strickland _,being first duly sworn,depose and say: that I aryl over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,I Was authorized by law to perform said service. Service: I served Michael Tate d/b/a Marco Transporation NAME OF PERSON/ENTITY BEING SERVED with(list dOCuments) Praecipe for Writ of Summons and Writ of Summons by leaving with Michael Tate owner At NAME RELATIONSHIP--", ❑ Residence ADDRESS CITY/STATE 0 Business 1985 Good Haven Dr Memphis, TN 381 11 ADDRESS CITY/STATE On (1 - ,13--( 3 _AT K,13 DATE TIME ❑ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid,first class mail on from DATE —E CITY STATE ZIP Manner of Service: ❑Personal: By personally delivering copies to the person being served. ❑Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being i served with a member of the household over the age of_and explaining the general nature of the papers. ,q Substituted at Business: By leaving,during office hours, copies at the office of the Person/entity being served with the person apparently in charge thereof. ❑Posting:By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search,careful inquiry and diligent attempts at the address(es)listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): 0 Unknown at Address ❑Moved,Left no Forwarding* ❑Seryicicancelled by Litigant 0 Unable to Serve in Timely Fashion -Z'Addrtss D64s,Not,Exist ❑Other Service Attertiots:Servibewas.attempted on.:-(1). (2,11 'DATE TIME DATE TIME .(3) (4) (5) DATE TIME DATE TIME --DATE TIME Description:. AgeA- y Sex 1-21 Racet Height Weight 41Z B and Glasses V — Hairy 1Z" V 17V SIGNATURE OF PROCESS SERVER - SUBSCRIBED AND SWORN to before me this i—L—day of by Proved to me on the basis of satisfactory evidence to be the person{ who ap eared before me. kr SIGNATURE OF 7NOTARY PUBLIC 2R —� NOTARY PUBLIC for the state of IN& FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS MSERVERS"�" ILA Affidavit of Process Server In The Court of Common Pleas Cumberland County, Pennsylvania (NAME OF COURT) Stuart G. Grant, Jr vs Major Nelson 13-1610 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER I Gerald P. Strickland being first duly sworn,depose and say: that I am over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,I was authorized by law to perform said service. Service: I served Major Nelson NAME OF PERSON/ENTITY BEING'S VED with (list aocuments> Praecipe for Writ of Summ Writ of Sum by leaving with Major Nelson At NAME RELATION ® Residence 5230 Williams Rd r A SH 38632 ADDidJ.!SS',. ❑ Business AYDRESS P CITY/STATE On AT Q DATE TIME ❑ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid,first class mail on DATE from CITY STATE ZIP Manner of Service: ❑ Personal: By personally delivering copies to the person being served. ❑Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. ❑Substituted at Business: By leaving,during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ❑Posting:By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es)listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ❑Unknown at Address Moved,Left no Forwarding ❑Service Cancelled by Litigant ❑ Unable to Serve in Timely fashion ❑Address Does Not Exist ❑Other Service Attempts:Service was attempted on: (1) (2) DATE TIME DATE TIME (3) (4) (5) DATE TIME DATE TIME DATE TIME Description:. Age Sex Race Height Weight aaiir-/� Beard�jGlasses SIGNATURE OF PROCESS SERVER SUBSCRIBED AND SWORN to before me this ( day of 20 , by ..� t' Proved tome on the basis of satisfactory evidence to be the person( who Wre re IrlF NOTARY PUBLIC :: r t NOTARY PUBLIC.for the state of t y FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS Ci?lT =.;%•4-t_7[�T5 I�� � j� ilil Off 1 ��w 2013 JUG' 18 AM I I: 24 METZGER, WICKERSHAM, P.C. CUMBERLANO COUNTY By: Andrea M. Cohick, Esquire PENNSYLVANIA Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and : MICHAEL TATE d/b/a MARCO TRANSPORTATION, : Defendants JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ that was filed in the above-captioned action on March 26, 2013, a copy of which is attached hereto. METZGE�, WICKERSHAM, r,�NAUSS & ERB, P.C. By: Andrea M. Cohick, Esquire I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg,PA 17110-0300 (717)238-8187 Date: Jum, ' 2013 Attorneys for Plaintiff 527505-1 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Major Nelson 5230 Williams Road Hernando, MS 38632 Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 Michael Tate d/b/a Marco Transportation 1985 Good Haven Drive Memphis, TN 38111 You are hereby notified that Plaintiff, Stuart G. Grant, Jr., has commenced an action against you. Prothonotary ---�-- Dated: COPY FROM t'ECCIPO 520982-1 v Whereof,I here unto set my hand -.f said court at carlisle,Pa. D(p::ay of (l20 L8 Prothonotary %&0 . a'-�</,""Q'.17 1," MP INT REINS TA.ED PROTHONOTARY _ _.. . J I� y J � _ _ i th ,aaa 1 2013 SINCE 1888 3211 North Front Street P.O.Box 5300 June 19, 2013 Harrisburg,PA 17110-0300 717-238-8187 Fax:717-234-9478 www.mwke.com Lancaster Pottsville 717-431-0138 570-581-8172 Shippensburg Wilkes-Barre VIA CERTIFIED MAIL, 717-530-7515 570-825-7500 RESTRICTED DELIVERY,RETURN RECEIPT REQUESTED York 717-843-0502 Mr. Major Nelson 5230 Williams Road Hernando, MS 38632 RE: Stuart G. Grant, Jr. v. Major Nelson, Marco Transportation and Michael Tate d/b/a Marco Transportation CCP (Cumberland County) No. 13-1610 Dear Mr. Nelson: 0 Enclosed for service upon you is a Writ of Summons which has been issued by the Cumberland County Court of Common Pleas against you. This action was filed as a result of an automobile accident that occurred on May 10, 2011. Please turn this Writ of Summons over to your automobile insurance carrier and have that insurance company contact me. D Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrea M. Cohick AMC/mlk Enclosure Edward E.Knauss,IV*t Clark DeVere t Andrea M.Cohick Zachary D.Campbell Steven R.Tregea Amy E.Bauccio Catherine N.Reeves Lauren R.Nichols 527758-1 'Board Certified in civil (D,trial law and advocacyby the National Board of Trial Advocacy Postal CERTIFIED� w MAIL,..I RECEIPT r1 Er /• Uj rLi Postage $ \�J a Certified Fee �„ p Return Receipt Fee Postma � {Endorsement Required) Here Restricted Delivery Fee { p (Endorsement Required) C Total Postage&Fees Sent To Major.... -.Ne. Q Street,Apt.No; .-^ �p5-- N or PO Box No. 5x30 -1-{ ! l City State.2tP+4- --- .. /? � :!n ............................ 204575 � Master $10,400 . ZIP 17110 SINCE 1888 7010 0780 0001 7126 5982 1311©11638576 3211 North Front Street P.O.Box 5300 Harrisburg,PA 17110-0300 MR. MAJOR NELSON 5230 WILLIAMS ROAD Y HERNANDO, MS 38632 . NIXIE a 381 ICE lees RETURN TO SENDER �. UNLLAd.MtV UNABLE TO FORWARD BC: 1�� 3_t3l3f3�aQ 8429-93. 60-114- -=i:. � The Postal Service does not have a database with the current address of all of its customers. It doesn't need that information since it delivers to addresses, rather than to individuals. However, if a customer moves and files a change of address order,that information is kept at the post office serving the last known address. The disclosure of customer name and address information is contained at section 265.6(d)of our regulations(39 CFR 265), which can be accessed from the FOIA home page. Change of address information about individuals or families is available only to government agency requesters,to persons needing the information to serve legal process who meet certain requirements,or pursuant to a court order. The Postal Service suggests the following format to be used in conjunction with regulations at 39 CFR 265.6(d)(4)(ii) by persons empowered by law to serve legal process when requesting change of address or boxholder information. The request should be forwarded to the Postmaster of the last known address. Postmaster Date August 12, 2013 Hernando, MS 38632 City, State,ZIP Code REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Maior Nelson Address: 5230 Williams Road, Hernando, MS 38632 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known and Post Office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(4)(ii). There is no fee charged for change of address or boxholder information. 1. Capacity of requester(process server, attorney, party representing self): attorney 2. Statute or regulation that empowers me to serve process(not required for attorney's or a party acting pro se—except a corporation acting pro se must cite statute: 3. The names of all known parties to the litigation: 4. The court in which the case has been or will be heard: 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be served(defendant or witness) WARNING: THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS,OR BOTH TIf TLE 18 U.S.C.SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in c tion with actual or prospective litigation. P.O. Box 5300 ignature Address Melanie L. Kirk, Paralegal Harrisburg, PA 17110-0300 Printed Name - City_State,ZIP Code --------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- ' FOR POST OFFICE USE ONLY No change of address on file New Addressor.Boxholder Name'and Street Address Moved and left no forwarding address .� No such address A ���,i TS - I METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF INVESTIGATION PURSUANT TO PA.R.C.P. NO. 430(a) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Andrea M. Cohick, Esquire, being duly sworn according to law, deposes and says that: 1. I am the attorney of record in this matter for Plaintiff, Stuart G. Grant, Jr. 2. On March 26, 2013, a Praecipe for Writ of Summons was filed by Plaintiff and the Writs were issued to all Defendants. 3. Defendants, Marco Transportation and Michael Tate d/b/a Marco Transportation were served with the Writ on April 13, 2013. 4. On April 17, 2013, Plaintiff attempted to serve the Writ upon Defendant, Major Nelson through a Process Server, without success. 532597-1 5. The Writ was reissued on June 18, 2013. 6. On June 19, 2013, Plaintiff attempted to serve the Writ upon Defendant, Major Nelson, via U.S. First Class Mail and Certified Mail, Restricted Delivery. The Certified Mailing was returned as "Unclaimed." 7. The present whereabouts and/or a correct mailing address of Defendant, Major Nelson, are unknown. 8. A good-faith investigation to ascertain the Defendant's address was made and includes the following: a. Inquiries to the local postal authorities as to Defendant's addresses, however,this information was not available. b. Attempts to look in the local telephone book for the Defendant's name and addresses, but these attempts were unsuccessful; C. Attempts to contact the Defendant employer. 9. Plaintiff has exhausted all efforts in ascertaining Defendant, Major Nelson's whereabouts and are unable to determine same. 10. The above allegations are true and correct to the best of my knowledge,information, and belief. Andrea M. Cohick, Esquire Attorney for Plaintiffs Sworn and subscribed to before me thisgrday ;N;otary 52013. Public MX;�comin�� s )n`Expires .r NOTARIAL SEAL JACKELINE CANDELARIO Notary Public HARRISBURG CITY, DAUPHIN COUNTY 5s2597-1 My-Commission Expires Jul 20, 2014 METZGER, WICKERSHAM,P.C. By: Andrea M. Cohick, Esquire Attorney 1.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, ; Defendants JURY TRIAL DEMANDED ORDER AND NOW, this U day of Q%aS )� , 2013, upon consideration of Plaintiff's Motion for Alternative Service of Writ of Summons by Publication, it is hereby ORDERED as follows: 1. Plaintiffs Motion for Alternative Service of Writ of Summons by Publication is GRANTED; and 2. Service of the Writ of Summons in the above captioned matters shall be made pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. 532597-1 t 3. All other legal filings required to be served in these cases upon Defendant, Major Nelson, from this date forward may be made by Publication unless they enter an appearance and provide service addresses. BY THE COURT: �A J. cc: ✓ rea M. Cohick,Esquire,Metzger Wickersham,P.O.Box 5300,Harrisburg,PA 17110-0300 Akilah Ivery, Canal Insurance Company,P.O.Box 7,Greenville, SC 29602 Co ,eA lrLj'� P rn C= M.- i`.0 #- V /Sr�l F V C C) -Y? C:7 CD 532597-1 METZGER, WICKERSHAM, P.C. lq6zTA R Y By: Andrea M. Cohick, Esquire ?913 SEP 0 AM 11: 03 Attorney I.D.No. 307410 ""IIERLA�o COUNTY Zachary D. Campbell, Esquire PENNS YLVANIA Attorney I.D.No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-1610 MAJOR NELSON, CIVIL ACTION—LAW MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants JURY TRIAL DEMANDED PROOF OF PUBLICATION 1, Andrea M. Cohick, Counsel for Stuart G. Grant, Jr., hereby certify that the Notice of Civil Action—Motor Vehicle was published in the Patriot-News on September 3, 2013. A true and correct copy of the Proof of Publication is attached hereto and incorporated herein marked as Exhibit"A". The Notice of Civil Action—Motor Vehicle was also published in the Cumberland Law Journal on September 6, 2013. A true and correct copy of the Proof of Publication is attached hereto and incorporated herein marked as Exhibit"B". 534470-1 METZGERjAndr WICKERSHAM, KNAUSS &ERB, P.C. By: M."Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (� (717) 238-8187 Date: `� ' 2013 Attorneys for Plaintiff 534470-1 Public Notice Print Page 1 of 1 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff STUART G. GRANT, JR., Plaintiff VS. MAJOR NELSON, MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-1610 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE- CIVIL ACTION - MOTOR VEHICLE If you wish to defend,you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff.You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 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. IF YOU CANNOT AFFORD TO HIRE 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 OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166]]> Appeared in: Patriot-News on Tuesday, 09/03/2013 J1+rvr.+d by tll'yYf113i1C1ti011f�d.OQiri http://www.mypublicnotices.com/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=32... 9/9/2013 CUMBERLAND LAW JOURNAL NOTICE Carlisle,PA 17013 (717)249-3166 In the Court of Common Pleas of ANDREA M. COHICK,ESQUIRE Cumberland County,Pennsylvania Attorney I.D.No.307410 Civil Action—Law ZACHARY D. CAMPBELL; ESQUIRE NO. 13-1610 Attorney I.D. No. 93177 METZGER,WICKERSHAM,P.C. STUART G. GRANT,JR., Attorneys for Plaintiff Plaintiff 3211 North Front Street VS. P.O.Box 5300 MAJOR NELSON,MARCO Harrisburg,PA 17110-0300 TRANSPORTATION and (717)238-8187 MICHAEL TATE d/b/a MARCO Sept. 6 TRANSPORTATION, Defendants JURY TRIAL DEMANDED NOTICE—CIVIL ACTION— MOTOR VEHICLE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you without further notice for the relief requested by the plaintiff. You may lose money Or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street 8 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 LrOCT2i FH L: CUMBERLAND COUNTY 11A WA Attorneys for Plaintiff STUART G. GRANT, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. MAJOR NELSON, MARCO TRANSPORTATION and MICHAEL TATE d/b/a MARCO TRANSPORTATION, NO. 13-1610 CIVIL ACTION — LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZ By: Dated: Dc).6dDiaoig 564110-1 1• 1/.1111 < : rea M. Cohick, sq ire Attorney ID No. 307410 Zachary D. Campbell, Esquire Attorney ID No. 93177 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 Attorneys for Plaintiff . WICKERSHA AKN • USS & ERB, P.C.