HomeMy WebLinkAbout14-3705 Supreme Co"'' l ,_ennsylvania
COu.,t leas For Prothonotary Use Only:
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Docket No:
CURB County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ® Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C.
Lead Plaintiff s Name: JULIE L. SIMMONS Lead Defendant's Name: SCOTT S. DUESTERHOEFT° Admin. of Estate of Maxwell N. Duesterhoef
Dollar Amount Requested: ❑within arbitration limits
I Are money damages requested? ❑Yes ® No
(check one) []outside arbitration limits
Q
N Is this a Class Action Suit? ❑Yes ® No Is this an MDJAppeal? ❑ Yes Z No
A Name of Plaintiff/Appellant's Attorney: Marcus A. McKnight, III, Esq.
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. 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
IM Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑Debt Collection:Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections
❑Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal:Other
S ❑ Product Liability (does not include
Emass tort) ❑ Employment Dispute:
Slander/Libel/Defamation Discrimination
C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board
T ❑ Other:
I ❑ Other:
O MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
Other: 0 Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
❑ Legal ❑ Quiet Title ®Other:
❑ Medical ❑ Other: EQUITY
❑ Other Professional:
Updated 1/1/2011
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEASE
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY,PENNSY XNI T4i
MAXWELL N.DUESTERHOEFT, f 4;r
PLAINTIFF rte-?` r L-
NO.2014- 705, c;
V. �-a' r•
Mti 4
SCOTT S.DUESTERHOEFT, IN EQUITY
DEFENDANT
NOTICE TO DEFEND
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, order 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 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 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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(717)249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
DS
/L 307S•24
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA
MAXWELL N.DUESTERHOEFT,
PLAINTIFF
NO.2014-
v.
SCOTT S.DUESTERHOEFT, IN EQUITY
DEFENDANT
COMPLAINT IN EQUITY
AND NOW, this 200' day of June 2014, comes the Plaintiff, Julie L. Simmons,
Administrator of the Estate of Maxwell N. Duesterhoeft, by and through her attorney, Marcus A.
McKnight, III, Esq., of Irwin & McKnight, P.C., and makes the following Complaint in Equity
against the Defendant, Scott S. Duesterhoeft, as follows:
I.
The Plaintiff is Julie L. Simmons who was named Administrator of the Estate of her son,
Maxwell N. Duesterhoeft. Her address is 954 Brick Church Road, Enola, Cumberland County,
Pennsylvania 17025.
2.
The Defendant is Scott S. Duesterhoeft, and adult individual residing at 329 Lamp Post
Lane, Etters, Pennsylvania 17319.
3.
The Plaintiff, Julie L. Simmons, was named Administrator of the Estate of Maxwell N.
Duesterhoeft, on June 19, 2014. A copy of the Decree of the Register is attached hereto and
marked as Exhibit"A".
3
4.
The Plaintiff's son, Maxwell N. Duesterhoeft, died on March 22, 2014 in Dauphin
County, Pennsylvania.
5.
Immediately following the death of Maxwell N. Duesterhoeft, the Defendant seized the
following items belonging to Maxwell N. Duesterhoeft:
A. The sum of Three Thousand and no/100 ($3,000.00) Dollars;
B. The box containing the title to the Mitsubishi Eclipe automobile and
the coin collection including paper currency;
C. All personal items and effects which belonged to Maxwell N. Duesterhoeft; and
D. A handgun and rifle which the Plaintiff believes was transferred to Matthew
Eichelberger of Lewisberry, Pennsylvania.
6.
Despite repeated requests by the Plaintiff to return those items, the Defendant has refused
to turn over the items to Plaintiff.
7.
The Plaintiff desires the immediate return of the above listed items before the Defendant
moves to Canada as he has indicated to others that he plans to do in the near future.
8.
The Plaintiff requests that the Defendant pay the costs of bringing this action together
with reasonable attorney fees.
9.
This action is necessary to raise funds for payment of the balance of the funeral and other
costs incurred by the Estate of Maxwell N. Duesterhoeft.
4
WHEREFORE,the Plaintiff, Julie N. Simmons, Administrator of the Estate of Maxwell
N. Duesterhoeft, requests that this Honorable Court grant injunctive relief as set forth herein.
Respectfully submitted,
IRWIN & M KNIGH , P.C.
By:
'eA '-
Marcus . McKnight, III, Esq e
Supreme C rt I.D. #: 25476
60 West Pomfret Street
Carlisle, PA 1 3
(717) 249-2353
Attorney for the Plaintiff
Date: June 20, 2014
5
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: I ORPHANS' COURT DIVISION
I
MAXWELL N. DUESTERHOEFT, I
DECEASED I o
I V O
I , a
I
I NO. 21-2014-0340
I
I
DECREE OF THE REGISTER
AND NOW, this 18th day of June, 2014, upon consideration of the Petition to
Grant Letter of Administration C.T.A., filed by Marcus A. McKnight, III, Esquire, and
having received no response to the Citation issued on April 16, 20.14, IT IS DECREED
that Letters of Administration c.t.a. shall be issued to Julie L. Simmons.
Lisa M. Grayson, Esq.,
Register of Wills & Clerk of Orphans' Court
Distribution:
Marcus A. McKnight, 111, Esq.
N
O ^�
�� CD
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
By.
16PE L. SIMMONS
Date: ` j 1
i
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA
MAXWELL N.DUESTERHOEFT,
PLAINTIFF ' LC-)
NO.2014- 37� .W -
SCOTT S.DUESTERHOEFT, IN EQUITY ';
DEFENDANT
F-5-
C-: ry � f
PETITION FOR INJUNCTIVE RELIEF
AND NOW, this 20"' day of June 2014, comes the Plaintiff/Petitioner, Julie L. Simmons,
Administrator of the Estate of Maxwell N. Duesterhoeft, by and through her attorney, Marcus A.
McKnight, III, Esq., of Irwin & McKnight, P.C., and makes the following Petition for Injunctive
Relief against the Defendant/Respondent, Scott S. Duesterhoeft, as follows:
1.
The Petitioner is Julie L. Simmons who was named Administrator of the Estate of her
son, Maxwell N. Duesterhoeft. Her address is 954 Brick Church Road, Enola, Cumberland
County, Pennsylvania 17025.
2.
The Respondent is Scott S. Duesterhoeft, and adult individual residing at 329 Lamp Post
Lane, Etters, Pennsylvania 17319.
3.
The Respondent has taken the property of the Estate and has destroyed and/or sold items
belonging to the Estate of Maxwell N. Duesterhoeft.
2
4.
On Monday, June 16, 2014, the Respondent transferred a handgun and rifle belonging to
Maxwell N. Duesterhoeft to Matthew Eichelberger of Lewisberry, Pennsylvania.
5.
It is believed that the Respondent will immediately attempt to sell and/or dispose of all
other items belonging to Maxwell N. Duesterhoeft now that the Petitioner, Julie N. Simmons, has
been named Administrator of the Estate of Maxwell N. Duesterhoeft.
6.
All attempts to have the Respondent return the items have failed.
7.
The items are needed by the Estate to pay the balance of the funeral expenses and other
items which the Estate is obligated to pay.
8.
The Respondent needs to immediately return these items before he moves from the
Commonwealth of Pennsylvania and the United States of America.
9.
A Complaint in Equity has been filed on June 20, 2014, a copy of which is attached
hereto and marked as Exhibit"A".
3
WHEREFORE,the Petitioner, Julie N. Simmons, Administrator of the Estate of
Maxwell N. Duesterhoeft, requests an Order of Court providing a Preliminary Injunction to
obtain possession of the items belonging to the Estate of Maxwell N. Duesterhoeft.
Respectfully submitted,
IRWIN & KNIGHT, P.C.
By: 5/7
Marcus cKnig uir
Supreme Court I.D. : 2
60 West Pomfret St eet
Carlisle, PA 17013
(717) 249-2353
Attorney for the Petitioner
Date: June 20,2014
4
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA
MAXWELL N.DUESTERHOEFT,
PLAINTIFF
NO.2014-
v.
SCOTT S.DUESTERHOEFT, IN EQUITY
DEFENDANT
NOTICE TO DEFEND
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, order 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 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 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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania 17013
(717)249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
JULIE L.SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY,PENNSYLVANIA
MAXWELL N.DUESTERHOEFT,
PLAINTIFF
NO.2014-.
V.
SCOTT S.DUESTERHOEFT, IN EQUITY
DEFENDANT
COMPLAINT IN EQUITY
AND NOW, this 20th day of June 2014, comes the Plaintiff, Julie L. Simmons,
Administrator of the Estate of Maxwell N. Duesterhoeft, by and through her attorney, Marcus A.
McKnight, III, Esq., of Irwin & McKnight, P.C., and makes the following Complaint in Equity
against the Defendant, Scott S. Duesterhoeft,as follows:
1.
The Plaintiff is Julie L. Simmons who was named Administrator of the Estate of her son,
Maxwell N. Duesterhoeft. Her address is 954 Brick Church Road, Enola, Cumberland County,
Pennsylvania 17025.
2.
The Defendant is Scott S. Duesterhoeft, and adult individual residing at 329 Lamp Post
Lane, Etters, Pennsylvania 17319.
3.
The Plaintiff, Julie L. Simmons, was named Administrator of the Estate of Maxwell N.
Duesterhoeft, on June 19, 2014. A copy of the Decree of the Register is attached hereto and
marked as Exhibit"A".
3
4.
The Plaintiff's son, Maxwell N. Duesterhoeft, died on March 22, 2014 in Dauphin
County, Pennsylvania.
5.
Immediately following the death of Maxwell N. Duesterhoeft, the Defendant seized the
following items belonging to Maxwell N. Duesterhoeft:
A. The sum of Three Thousand and no/100 ($3,000.00)Dollars;
B. The box containing the title to the Mitsubishi Eclipe automobile and
the coin collection including paper currency;
C. All personal items and effects which belonged to Maxwell N. Duesterhoeft; and
D. A handgun and rifle which the Plaintiff believes was transferred to Matthew
Eichelberger of Lewisberry, Pennsylvania.
6.
Despite repeated requests by the Plaintiff to return those items,the Defendant has refused
to turn over the items to Plaintiff.
7.
The Plaintiff desires the immediate return of the above listed items before the Defendant
moves to Canada as he has indicated to others that he plans to do in the near future.
8.
The Plaintiff requests that the Defendant pay the costs of bringing this action together
with reasonable attorney fees.
9.
This action is necessary to raise funds for payment of the balance of the funeral and other
costs incurred by the Estate of Maxwell N. Duesterhoeft.
4
WHEREFORE,the Plaintiff, Julie N. Simmons, Administrator of the Estate of Maxwell
N. Duesterhoeft, requests that this Honorable Court grant injunctive relief as set forth herein.
Respectfully submitted,
IRWIN & M KNIGH ,P.C.
By:
Marcus might,III, Esq ' e
Supreme C I.D. #: 25476
60 West Pomfret Street
Carlisle, PA 17 3
(717)249-2353
Attorney for the Plaintiff
Date: June 20, 2014
5
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: I
I ORPHANS' COURT DIVISION
I
MAXWELL N. DUESTERHOEFT, I0 co
DECEASED
Y O
I 10
I
I NO. 21-2014-0340
I
I
DECREE OF THE REGISTER
AND NOW, this 18th day of June, 2014, upon consideration of the Petition to
Grant Letter of Administration C.T.A., filed by Marcus A. McKnight, III, Esquire, and
having received no response to the Citation issued on April 16, 20.14, IT IS DECREED
that Letters of Administration c.t.a. shall be issued to Julie L. Simmons.
Lisa M. Grayson, Esq.,
Register of Wills & Clerk of Orphans' Court
Distribution:
Marcus A. McKnight, III, Esq.
N
O_
CD
fIJ
CD _ s
CD CD
~ "zi
O
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
By.
IE L. SIMMONS
Date: (� a.Q� 1
VERIFICATION
The foregoing document is based upon information, which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904 relating to unsworn falsification to authorities.
By:
LIE L. SIMMONS
Date: i
JULIE L. SIMMONS,
ADMINISTRATRIX OF THE
MAXWELL N.
DUESTERHOEFT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION — LAW
SCOTT S. DUESTERHOEFT, :
Defendant : NO. 14-3705 CIVIL TERM
IN RE: PETITION FOR INJUNCTIVE RELIEF
ORDER OF COURT
AND NOW, this 26th day of June, 2014, upon consideration of Plaintiff's Petition
for Injunctive Relief, a Rule is hereby issued upon Defendant to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
Marcus A. McKnight, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
✓Scott S. Duesterhoeft
329 Lamp Post Lane
Etters, PA 17319
Defendant, pro Se
:rc
to l'aV q
BY THE COURT,
r.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson FILED -OFFICE.
Sheriff THE
at e.�imb, s,. ti.l F i 1 1 E PROTHONOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFICE OF THE $HERIFr
2014 AUG I4 PM 3: 05
CUMBERLAND COUNTY
PENNSYLVANIA
Julie L Simmons, Administrator of the Estate of Maxwell N. Duesterhoeft
vs.
Scott S Duesterhoeft
Case Number
2014-3705
SHERIFF'S RETURN OF SERVICE
06/20/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Scott S Duesterhoeft, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Complaint & Notice according to law.
06/27/2014 03:15 PM - The requested Complaint in Equity served by the Sheriff of York County upon Scott S
Duesterhoeft, personally, at 329 Lamp Post Lane, Etters, PA 17319. Richard P. Keuerleber, Sheriff,
Return of Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
July 14, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuito Sheriff, Teleosoft, Inc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
JULIE L. SIMMONS, ADMINISTRATOR OF THE ESTATE OF MAXWELL N.
DUESTERHOEFT
vs.
SCOTT S. DUESTERHOEFT
Case Number
2014-3705 CIVIL
SHERIFF'S RETURN OF SERVICE
06/27/2014 03:15 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT & NOTICE BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: SCOTT S. DUESTERHOEFT AT
329 LAMP POST LANE, ETTERS, PA 17319.
SHERIFF COST: $45.40
Outl‘f k4A4‘.
D STA L, DEPUTY
SO
_AaJuly 03, 2014 RICHARD P KEU r
LEBER, SHERIFF
NOTARY
Affirmed and subscribed to before me this
3RD day of JULY 2014
COMMONWEALTH QG ,; �S(LVANI
Notarial'Sg14i '
Lisa L. Thorpe, Ndtaty.Pubiic
City of York, York'Coi. my
.My Commission Expires Aug. 12, pot
MEMBER, PENN LVANIA ASSOC ATIGN GP f, . 1ES
(c) Coun;ySuite Sheriff, Teleosoft Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson ;=,4 EU -J r Ia.
Sheriff ;';- THE PROT HONG l tti i
Jody S Smith
Chief Deputy 2014 AUG 114 PM 3: 04
Richard W Stewart
Solicitor
F;CE QEF THE $1.1ER1
CUMBERLAND YVN COUNTY
Julie L Simmons, Administrator of the Estate of Maxwell N. Duesterhoeft
vs.
Scott S Duesterhoeft
Case Number
2014-3705
SHERIFF'S RETURN OF SERVICE
07/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Scott S Duesterhoeft, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Petition according to law.
07/14/2014 The requested Petition served by the Sheriff of York County upon Scott S Duesterhoeft, personally, at
329 Lamp Post Lane, Etters, PA 17319. Richard Keuerleber, Sheriff, Return of Service attached to and
made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
August 12, 2014 RONNY R ANDERSON, SHERIFF
tc) CountySuite Sheriff, Tel000sott, Inc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
JULIE L. SIMMONS, ADMINISTRATRIX OF THE ESTATE OF MAXWELL N.
DUESTERHOFET
vs.
SCOTT S. DUESTERHOEFT
Case Number
14-3705 CIVIL
SHERIFF'S RETURN OF SERVICE
07/14/2014 09:07 AM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED PETITION FOR INJUNCTIVE RELIEF, ORDER OF COURT FORA PRELIMINARY
INJUNCTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING
THEMSELVES TO BE THE DEFENDANT, TO WIT: SCOTT S. DUESTERHOEFT AT 329 LAMP POST
LANE, ETTERS, PA 17319.
0 D STAHL, DEPUTY
SHERIFF COST: $58.84 SO ANSWERS,
August 06, 2014
RD P KEUERL BE
COMMONWEALTH OF PENNSYLVANIA:
Notarial Seal
Lisa L. Thorpe, Notary Public
City of York, York County
My Commission Expires Aug. 12, 2017
NENBER, PENt4SYVVA?11A ASSC;IA'ilr.:47 OF ARIES
Affirmed and subscribed to before me this
6TH day of AUGUST
NOTARY
2014
(c) CountySuite Sheriff. Teleosoft, Inc.
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINISTRATOR OF THE ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA
MAXWELL N. DUESTERHOEFT,
PLAINTIFF
NO. 2014 - 3705
(----7
V. :•
7)2:-
: mc=3 (/)
rn rn
SCOTT S. DUESTERHOEFT, : IN EQUITY z -0
DEFENDANTr"--
-< > _
PETITION TO TO MAKE RULE ABSOLUTE
—
AND NOW comes the Plaintiff, Julie L. Simmons, by and through her atton4y, Marci§',
A. McKnight, III, Esquire, of the law firm of Irwin & McKnight, P.C., and respectfullS, requests
this Honorable Court make absolute the Rule to Show Cause and in support thereof avers as
follows:
On June 26, 2014, the Honorable Christylee L. Peck signed a Rule to Show Cause
in this case, said Rule returnable 20 days from service upon the party.
2. The Rule was served upon the Defendant, Scott S. Duesterhoeft, on or about July
14, 2014 at 329 Lamp Post Lane, Etters, Pennsylvania 17319. The York County
Sheriff's Return of Service is attached hereto as Exhibit "A".
3. There is no attorney of record for the Defendant.
4. No objection to Plaintiff s Petition for Injunctive Relief has been made.
5. Defendant was required to show cause, if any, by an Order of Court dated
June 26, 2014. See Exhibit "B" attached hereto.
6. To date, no response to the Rule to Show Cause has been filed by the Defendant.
WHEREFORE, Petitioner moves that this Honorable Court make the Rule Absolute and
grant the requested relief contained in the Petition.
Dated: September 12, 2014
2
Respectfully submitted,
IRWIN & CKNIGHT, P.C.
rcus A.
preme Court
West Pomfre
'sle, P
(717) 249-2353
ight, III, Esquire
D. 25476
Street
013
EXHIBIT "A"
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, 11
Chief Deputy, Administration
JULIE L. SIMMONS, ADMINISTRATRIX OF THE ESTATE OF MAXWELL N.
DUESTERHOFET
vs.
SCOTT S. DUESTERHOEFT
Case Number
14-3705 CIVIL
SHERIFF'S RETURN OF SERVICE
07/14/2014 09:07 AM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED PETITION FOR INJUNCTIVE RELIEF, ORDER OF COURT FOR A PRELIMINARY
INJUNCTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING
THEMSELVES TO BE THE DEFENDANT, TO WT: SCOTT S. DUESTERHOEFT AT 329 LAMP POST
LANE, ETTERS, PA 17319.
0 r.ski,1/4,..„514EPUTY
SHERIFF COST: $58.84 SO ANSWERS,
August 06, 2014 !CHARD P KEUERL BE, SHERIFF
Affirmed and subscribed to before me this
6TH day of AUGUST
NOTARY
2014
COMMONWEALTH OF PENNSYLVANIA
Fbtarial Seal
Lisa L. Thorpe, Notary Public
City of York, York County
My Commission Expires Aug. 12, 2017
MEMBER, PENNSYINAMA ASSCaATION OF NOTARIES
(c) CountySuite Sheriff. Teleosoff, Inc.
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS OF
ADMINISTRATRIX OF THE : CUMBERLAND COUNTY, PENNSYLVANIA
MAXWELL N.
DUESTERHOEFT,
Plaintiff
v. : CIVIL ACTION — LAW
SCOTT S. DUESTERHOEFT, :
Defendant : NO. 14-3705 CIVIL TERM
IN RE: PETITION FOR INJUNCTIVE RELIEF
ORDER OF COURT
AND NOW, this 26th day of June, 2014, upon consideration of Plaintiff s Petition
for Injunctive Relief, a Rule is hereby issued upon Defendant to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Chrisfylee L. Peck, J.
Marcus A. McKnight, Esq.
West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Scott S. Duesterhoeft
329 Lamp Post Lane
Etters, PA 17319
Defendant, pro Se
:rc
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS
ADMINIS1RATOR OF THE ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA
MAXWELL N. DUESTERHOEFT,
PLAINTIFF
v.
SCOTT S. DUESTERHOEFT,
DEFENDANT
NO. 2014 - 3705
IN EQUITY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Scott S. Duesterhoeft
329 Lamp Post Lane
Etters, PA 17319
By:
Date: September 12, 2014
IRWIN & McKNIGHT, P.C.
Esquireght, 111,
60 eet
(717)
Supreme No. 25476
3
JULIE L. SIMMONS, : IN THE COURT OF COMMON PLEAS OF
ADMINISTRATRIX OF THE : CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF MAXWELL N.
DUES l'ERHOEFT,
Plaintiff
v. : CIVIL ACTION — LAW
SCOTT S. DUESTERHOEFT, :
Defendant : NO. 14-3705 CIVIL TERM
IN RE: PETITION TO MAKE RULE ABSOLUTE
ORDER OF COURT
AND NOW, this 23rd day of September, 2014, upon consideration of Plaintiffs
Petition To Make Rule Absolute, it is hereby Ordered and Decreed that the Rule issued
on June 26, 2014, by the Honorable Christylee L. Peck, is hereby made absolute and
Defendant is ordered to turn over to Plaintiff within 14 days of the date of this Order:
1. The sum of Three Thousand and no/100 ($3,000.00) Dollars;
2. The box containing the title to the Mitsubishi Eclipse automobile and the coin
collection including paper currency; and
3. All other personal items and effects which belonged to Maxwell N.
• Duesterhoeft.
Marcus A. McKnight, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attrney for Plaintiff
Scott S. Duesterhoeft
329 Lamp Post Lane
Etters, PA 17319
Defendant, pro Se
t'ES /2421
BY THE COURT,
Pe -e -(c
Christylee L. Peck,