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HomeMy WebLinkAbout13-4366 Supreme Court >of Rennsylvania Court of- .Common` leas For Prothonotary Use Only: Civil Cover.Sh :eet Docket No: Y County The inforazation collected on this is used solely for court administration purposes. This form does not supplement or replace the filin ., and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint Writ of Summons El Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: . I��t 1741 ( S 7 k k �tA� VIVL Dollar Amount Requested: ,within arbitration limits O I Are money damages requested? es No (check one) []outside arbitration limits N Is this a Class Action Suit? El Yes �To Is this an MDJAppeal? El Yes No A Name of Plaintiff /Appellant's Attorney: kU( —t V ILL v -i �:) uV Uc El Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional F1 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card © Board of Assessment Motor Vehicle E] Debt Collection: Other F1 Board of Elections Nuisance 17 Dept. of Transportation © Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include E mass tort) El Employment Dispute: Slander /Libel/ Defamation Discrimination C El Other: El Employment Dispute: Other rl Zoning Board T ® Other: I F1 Other: O MASS TORT D Asbestos N F1 Tobacco E] Toxic Tort - DES M Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: El Ejectment Q Common Law /Statutory Arbitration B El Eminent Domain /Condemnation E] Declaratory Judgment Ground Rent r] Mandamus Landlord /Tenant Dispute E] Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY F1 Mortgage Foreclosure: Commercial ® Quo Warranto Dental Q Partition © Replevin Legal Q Quiet Title Other: Q Medical Other: F1 Other Professional: Updated 1/1/2011 NICHOLAS J. GIAMBILIS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. VS. : NO ALY M. ALY t/d/b /a NEW RIVERVIEW DINER, INC PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue writ of summons against Aly M. Aly t/d/b /a New Riverview Diner, Inc. C � William A. Duncan, Esquire DUNCAN & HARTMAN, P.C. Attorney for Plaintiff ID #22080 1 Irvine Row, Carlisle, PA 17013 717- 249 -7780 "T� c rf in CD Aly M. Aly 3157 Susquehanna Trail Duncannon, PA 17020'x., Nicholas J. Giambilis � co . -. 7 Graham Road Newville, PA 17241 y a-Y34 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas NICHOLAS J. GIAMBILIS Plaintiff Vs. No. 13 -4366 CIVIL TERM ALY M. ALY T /D /B /A NEW RIVERVIEW DINER, INC 3157 SUSQUEHANNA TRAIL DUNCANNON, PA 17020 In CivilAction -Law To: ALY M. ALY t/d/b /a NEW RIVERVIEW DINER, INC You are hereby notified that the Plaintiff, NICHOLAS J. GIAMBILIS, has commenced an action in Civil Action -Law against you which you are required to defend or a default judgment may be entered against you. SEAL ( ) David D. Buell, Prothonotary Date July 26, 2013 * "�__!(jJ,Q. e put � �� � Deputy Attorney: WILLIAM A. DUNCAN, ESQ. Address: DUNCAN & HARTMAN, P.C., 1 IRVINE ROW, CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717- 249 -7780 Supreme Court ID No. 22080 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson iV� Sheriff c i 'Mio-1 0 ob 1 clu "r Jody S Smith PM 3: 0, Chief Deputy 9 P 1 Richard W Stewart Z' CMIMSERLAN.D COU-1,jyy Solicitor OF'-iCE OP T11E VERIPa PENNSYLVANIA Nicholas J Giambilis Case Number vs. 2013-4366 Amy Aly t/d/b/a New Riverview Diner, Inc. I SHERIFF'S RETURN OF SERVICE 07/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Amy Aly tid/b/a New Riverview Diner, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Writ of Summons according to law. 07/31/2013 The requested Writ of Summons returned by the Sheriff of Perry County,the within named Defendant Amy Aly tld/b/a New Riverview Diner, Inc., not found. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, August 02, 2013 RONNY R ANDERSON, SHERIFF (c)CountySullo Shenfi,Toleosoft,Inr. SHERIFF'S RETURN In the Court of Common Pleas Of the 41"Judicial District of Pennsylvania- Perry County Branch No.: 2013-4366 Cumberland Co. Nicholas J. Giambilis VS Amy Aly t/d/b/a New Riverview Diner,Inc. 3157 Susquehanna Trail Duncannon,PA 17020 Carl E.Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Amy Aly t/d/b/a New Riverview Diner,Inc.,but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s)Amy Aly t/d/b/a New Riverview Diner,Inc.at 3157 Susquehanna Trail,Duncannon,PA 17020. NOT FOUND. THERE IS NOBODY THERE BY THE NAME AMY ALY AND THE RESTAURANT DOES NOT GO BY THE NAME "NEW RIVERVIEW DINER, INC." Sincerely, Carl E.Nace Sworn anndubscribe before me Sheriff of Perry County this day of 52013. O ONWEAL OF PENNSYLVANIA NOTARIAL SEAL JOY S.ZERANCE,NOTARY PUBLIC NEW BL O0 FIELD BORO.,PERRY COUNTY MY COMMISSION EXPIRES MARCH 6,2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F,LED-OFFICL Sheriff !JF TfjE PROTHONOTARY Jody S Smith 2: 26 Chief Deputy :7 20 11 AUG 2:3 FM Richard W Stewart OFFICE"')FTHE$KRIrr CUMBERLAND COUNTY Solicitor PENNSYLVANIA Nicholas J Giambilis Case Number vs� Aly Aly t/d/b/a New Riverview Diner, Inc. (et al.) 2013-4366 SHERIFF'S RETURN OF SERVICE 08/09/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Aly Aly t/d/b/a Susquehanna Diner, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Writ of Summons according to law. 08/14/2013 01:40 PM-The requested Writ of Summons served by the Sheriff of Perry County upon Aly K Aly t/d/b/a Susquehanna Diner, personally, at 3157 Susquehanna Trail, Duncannon, PA 17020, Carl Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, August 20, 2013 RbNW R ANDERSON, SHERIFF fq!CountySulte Sheriff,Teleosofl,hl-- NICHOLAS J. GIAMBILIS, Plaintiff V. ALY M. ALY t/d/b/a, NEW RIVERVIEW DINER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 13-4366 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 CJ ) N CrN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, NICHOLAS J. GIAMBILIS, Plaintiff, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached 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, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (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. Date: William A. I uncan, sq. Attorney for Plaintiff 7.3 -4 r" NICHOLAS J. GIAMBILIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 13-4366 ALY M. ALY t/d/b/a, NEW RIVERVIEW DINER, INC. Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Nicholas J. Giambilis, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. 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. If no objection is made the subpoena may be served. Date: t( Willia can, Esq., Attorney COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NICHOLAS J. GIAMBILIS Plaintiff . File No. 13-4366 ALY.M. ALY t/dffia, NEW RIVERVIEW DINER, ETC. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DENISE CASS, REALTOR - HIGH ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All files and documents related to the listing, sale and settlement of the Yankee Doodle Diner from Aly M. Aly t/d/b/a as New Riverview Diner to Victor Perez—Zalatelco and FVM Partners, LLC, together with all Leases pertaining thereto at 1 Irvine Row, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies 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: William A. Duncan, Esq. ADDRESS: Ca1 Irvis eys,Y RpX 1/013 r i TELEPHONE: 717-249-7780 SUPREME COURT ID # 22080 ATTORNEY FOR: Nicholas J. Giambilis BY TH COURT: onotary, qivil Division Deputy NICHOLAS J. GIAMBILIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 13-4366 ALY M. ALY t/d/b/a, NEW RIVERVIEW DINER, INC. Defendant CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, Denise Cass, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. Date: Denise Cass NICHOLAS J. GIAMBILIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 13-4366 ALY M. ALY tid/b/a, NEW RIVERVIEW DINER, INC. Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Nicholas J. Giambilis, Plaintiff, intends to serve a subpoena identical to the one that is attached to this notice. 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. If no objection is made the subpoena may be served. Willia can, Esq., Attorney NICHOLAS J. GIAMBILIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 13-4366 ALY M. ALY t/d/b/a, NEW RIVERVIEW DINER, INC. Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, NICHOLAS J. GIAMBILIS, Plaintiff, certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached 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, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (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. Date: William A. ) uncan, sq. Attorney for Plaintiff c