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HomeMy WebLinkAbout05-2792 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,2005 -J."rcp,.. Civil l~ Civil Action - (XX) Law ( ) Equity Carol A. Beal 402 Boxwood Court Mechanicsburg, PA 17055 Casey L. Kresge 17 Koser Rd, Shippensburg, PA 17257 Colin J, Spirk 104 Boro Vu Dr, Northampton, PA 1B067 versus Denise M. Mosser 104 Boro Vu Dr. Northampton, PA 18067 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (3) Writs of Summons in the above-captioned action, Three (3) Writs of Summons shaii be issued and forwarded to ( )A Matthew S, Crosbv. Esauire 1300 Linalestown Rd. Harrisbura, PA 17110 (717) 238-2000 Name/Address/Teiephone No, of Attorney )Sheriff Signature of Attorney Supreme Court ID No, 69367 Date: ~f2.(pI2f)O'0- , , WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENC AN ACTION AGAINST YOU, Date: (Yb~ I .J '7. ;:)J)s.s I , Prothonotary ( ) Check here if reverse is used for additional information -,:.J (J ~ ?\'i U( t fI:- .t/1 ~ )::J ~ fj ~ ~ V D .f.----. ~ " :-:"! ~.' . r:\ C'., -.j C'\ .." f,. -,; r..:. g CAROL A. SEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-2792 Civil Term CASEY L. KRESGE, CIVIL ACTION. LAW COLIN J. SPIRK, and DENISE MOSSER, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reissue the Writs of Summons on Defendants, Colin J. Spirk and Denise Mosser. Then, have the Sheriff of Cumberland County deputize the Sheriff of Northampton County to make service on Defendant Denise Mosser onlv at the following address: Denise Mosser 1924 Northampton Ave. Northampton, PA 18067 Please note that Defendant Casey L. Kresge has already been served with the original Writ of Summons. Also note that this office will attempt to serve Defendant Colin J. Spirk through other means. Thank you. NG & ROSENBERG, LLP ~ BY: DATE: iJt1joS Matthew S. Crosby, Esq. Supreme Court 10 No. 69367 1300 Linglestown !Rd. Harrisburg, PA 17110 Tel. No.: 717-238-;2000 Attorneys for Plaintiff ....> = = <.1"' (- e-- r'-:: N -' ", ,...,..,.,>., ~"., 0",' .."..~,.,,,,,, :_;f;;';"}:;,-i:,!,~i:H~:;:i1;~;~i~~~?it'li!;{i.i- o -n ::?-n n1f';:;:' -(.m .,'Jt;:: _ :J, r.!:~ '.) 1.,--' ~:~~ ~~~, ) ,-:....\ -,.~ t"':..J cr. UJ ::< 1 F:\WP Directories\JFL \motion-petition\publication\beal.wpd Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. BEAL, v. NO. 2005-2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR SERVICE BY PUBLICATION AND NOW, comes the Plaintiff, Carol A. Beal, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and hereby moves this Honorable Court to promulgate a special order directing service by publication pursuant to Pennsylvania Rule of Civil Procedure 430(b), and, in support thereof, avers the following: 1. On or about May 27, 2005, Plaintiff, Carol A. Beal, filed a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County naming Casey L, Kresge, Colin J, Spirk, and Denise Mosser as Defendants, 2. This action is brought in the nature of a negligence claim, arising out of a motor vehicle collision that occurred on or about June 30, 2003. As a direct result of said collision, the Plaintiff, Carol A. Beal, sustained personal injuries, as well as economic damages, 3. Plaintiff has repeatedly and unsuccessfully attempted to locate Defendant, Colin J, Spirk, to serve him with the Writ of Summons. ThE!se attempts at service are set I forth below: (a) May 27, 2005 - Plaintiffs counsel instructed the Sheriff of Northampton County to serve Defendants, Colin J, Spirk and Denise M, Mosser, with a Writ of Summons at 104 Boro Vu Drive, Northampton, Northampton County, PA 18067. The attempt was fruitless. (b) June 29,2005 -Internal investigator at Plaintiffs attorney's office called the phone number listed for Denise M, Musser and a male answered. The male stated that Defendant, Colin J. Spirk, lived in Danielsville and provided the following telephone number: 610-216-9349. The telephone number was unlisted and, therefore, an address could not be obtained. Telephone messages left at that number were not returned, (c) July 14, 2005 - Internal investigator at Plaintiffs attorney's office informed Plaintiffs attorney that he had checked and m-checked, several times, for a current address for Defendant, Colin J. Spirk, and had come up empty. (d) July 20, 2005 - Internal investigator at Plaintiffs attorney's office spoke with Kathleen Garvey Breaux, Defendants', Colin J. Spirk's insurance adjustor Ms. Garvey Breaux advised that she did not have a current address for Defendant Spirk. (e) July 21, 2005 - Plaintiffs attorney sent a letter to Defendants' insurer as a followup to her telephone discussion with Plaintiffs attorney's internal investigator, regarding their inability to identify a current address for Defendant, Colin J. Spirk, (See, attached hereto, made a part hereof, and marked as "Exhibit A," a copy of the followup letter), 2 4. Plaintiff, Carol A. Beal, through her undersigned counsel, has exhausted all good-faith efforts to locate the Defendant, Colin J. Spirk, in this matter. These efforts have included, inter alia: inquiries to individuals who might have information regarding Defendant's whereabouts, checking with the local tax OffiCE! and PennDOT, conducting a local telephone-directory search and making inquiries at the post office and over the telephone. 5. Plaintiff, Carol A, Beal, therefore, requests this Honorable Court permit service by publication pursuant to Pa. R.C.P, 430(b) in the form attached hereto, made a part hereof, and marked "Exhibit B." WHEREFORE, Plaintiff, Carol A. Beal, respectfully requests that this Honorable Court issue an Order, pursuant to Pa.R.C,P. 430(b), permiltting service upon Defendant, Colin J. Spirk, by publication. Respectfully submitted, DATE: l/Lz/~ I ::~OSENBERG'LLP Matthew S. Crosby, Esquire 1.0. # 693Ei7 1300 Lingl,estown Road Harrisburg, PA 17110 Attorneys for Plaintiff (717) 238-2000 3 MAIN OFFICE 1300 Linglestown Road Harrisburg, FA 17110 717-238-2000 1-800-422-2224 717-233-3029Ifax) ATTORNEYS AT LAW LANCASTER OFFICE 717-431-4000 leslie 8. Handler, Retired W. Scott Henning David H Rosenberg IPA, FlI Carolyn M. Anner (PA.. NY, RNI Matthew S. Crosby {PA. NJJ Gregory M. Feather (PA, NJ) Stephen G. Held JasonC.lmler July 21,2005 CARliSLE OFFICE 717-241-2244 www.HHRLaw.com crosby@HHRLaw,com Kathleen Garvey Breaux Travelers Personal Lines Claim P.O. Box 13485 Reading, PA 19612-3485 Re: Our Client Your Insured: Claim Number: Date of Loss: Carol A, Beal Denise & David Mosser 278 L9M1316 H PP 6/30/2003 Dear Ms. Garvey Breaux: Please accept this letter as a followup to your telephone discussion with my investigator, Todd Hassinger, yesterday. This will confirm that you advised him that you are unable to provide my office with a current address for Colin Spirk in this matter. However, should you be able to find an address for him in the near future, please contact me with that information. Thank you in advance for your cooperation, Very truly yours, G & ROSENBERG, LLP By: Matthew S, Crosby MSC/vff cc: Ms. Carol Beal Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND (;OUNTY, PENNSYLVANIA CAROL A. BEAL, v. NO. 2005-2792 C:ivil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, Defendants CIVIL ACTION - ILAW JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY NOTIFIED that a civil action was brought against you in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 2005-2792 Civil Term, by Carol A. Beal for personal injuries. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further noticEl for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-9!90-9108 EXHIBIT B f-.) '::.J ~ C..I"l C) ;., ..... ~r ;-il :;--" f,": G) ::J.::: CJ ill ~ECEIVED AUG 032005 ' Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. BEAL, v. NO. 2005.2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, Defendants CIVIL ACTION. LAW JURY TRIAL DEMANDED ORDER AND NOW, this L day of a.y...v ,2005, upon consideration of Plaintiff's Motion for Service by Publication upon Defendant, Colin J, Spirk, and it appearing to the Court that Plaintiff has made a good-faith effort to locate and serve Defendant in the regular course, IT IS HEREBY ORDERED that said Motion is granted, and service upon Defendant, Colin J. Spirk, is to be made by publication pursuant to Pa,R.C.P, 430(b) in the form provided as "Exhibit B" to Plaintiff's Motion for Service by Publication, J. ';1 '") -<:. , I:> ... '- i ~ ~ ~ .L-, t h /0! '1']"" ',I,' , , .t, ,,<.1 ';- ""I'i PLp ,_. -J JLJ... ':~":'!;'l;l:lii;';l"""',~" .. .,;",,-,",-,.,.,,<'..,'i',--' Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. BEAL, v. NO. 2005.2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN I, MATTHEW S. CROSBY, hereby certify that I served the Notice of a Civil Action in the above-captioned matter on Defendant, Colin J. Spirk, pursuant to the August 4, 2005, Order signed by the Honorable Kevin A. Hess, Judge, tlY publication in the Cumberland Law on September 2,2005, as evidenced by the Proof of Publication of Notice in Cumberland Law Journal and the actual Notice itself, all attached hereto and made a part hereof, along with the copy of the said Order of Court. /-;) L---fJ- --........ (SEAL) Sworn to before me and ~cribed this8~ay of ~p+e#1A&r2005. , N~"~l - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, sinc;e January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 2, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , Editor SWORN TO AND SUBSCRIBED before me this 2 day of September. 2005 ~7{~~) , NOTARl SEAL LOIS E. SNYDER, Notary Public Carnsle Bam, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County. Pennsylvania ClvU Action-Law No. 2005-2792 Clv1l Term CAROL A, BEAL, Plaintiff v. CASEY L. KRESGE, COUN J, SPIRE, and DENISE MOSSER, Defendants JURY TRIAL DEMANDED NOTICE YOU ARE HEREBY NOTIFIED thai a civ1l action was brought against you in the Court of Common Pleas of Cumberland County, Pennsylva- nla, at Docket No. 2005-2792 Civ1l Term, by Carol A Beal for personal injuries. You have been sued in court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint and no- tice are served. by entering a writ- ten appearance personally or by at- torney and ruing In wrttlng with the Court your defenses or objections to the claims set forth against you. You are warned that if you faU to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plain- tiff. You may lose money or prop- erty or other tights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AF'FORD ONE, GO TO OR TELEPHON'~ TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERlAND COUN1Y BAR ASSOCIATION 2 Uberty Avenue Carlisle, PA 17013 Telephone (n 7) 249-3166 or (800) 990-91Q8 Sept, 2 2 I J ( ~CEIVED AUG 032005 CAROL A. BEAL, IN THE COURT I::>F COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2005.2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, Defendants : CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this ~ day of G2;.u.J- ,2005, upon consideration of Plaintiff's Motion for Service by Publication upon Defendant, Colin J. Spirk, and it appearing to the Court that Plaintiff has made a good-faith effort to locate and serve Defendant in the regular course, IT IS HEREBY ORDERED that said Motion is granted, and service upon Defendant, Colin J. Spirk, is to be made by publication pursuant to Pa.R.C.P. 430(b) in the form provided as "Exhibit B"to Plaintiff's Motion for Service by Publication. ~~ O. J./.h1A J, HiUE COpy FROM RECORU III Tlitlmony whereof, I her. UDkI set mY h 100 ~l1d the i8tal of saki ~ at ear.....'- pa" .. 'E -. . ! hj~Jla~ , ~' r:'- .3. V7JS' . An, ~~ ~; ~: ' " ( ( 1;" 11'., ~. ", ('~,:.' C;:::-J ~, C/') Pl -(J , \..0 (:? r,) (..j; _:::1 ,> ~ ::< - CAROL A. BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN I, MATTHEW S, CROSBY, hereby certify that I served the Notice of a Civil Action in the above-captioned matter on Defendant, Colin J. Spirk, pursuant to the August 4, 2005, Order signed by the Honorable Kevin A. Hess, Judge, by publication in the Sentinel on August 25, 2005, as evidenced by the Proof of Publication of Notice in the Sentinel, attached hereto and made a part hereof, along with the copy of the said Order of Court. (SEAL) , Sworn to before me 'cF &:( Notary Public =- and subscribed this...I3!cray of ~f*ev.A.6.Qr- 2005, COMMONWEAL- TH OF PENNSYLVANIA NOT AIIIAL SEAL VERA F FREED, Notary Public Susquehanna Twp.. Dauphin County M Commission Ex ires Au us! 28, 2009 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 25, 2005 COPY OF NOTICE OF PUBLICATION . CAROL,," BEAL, .~ ....lntIfr IN THE COURv.OF COIlIi\O!l PLEAS ' CUIIBERLAN~~UNTV. PENNSYLVANIA NO. 2005--2'192 CwH T..... l$oj CIVIL ACTION - LAW ;...v '..:.,,' CAlEY&" lalEsG&. COUtl ~.lIIIIIlK._ 0IINl81 M08lll, Qefendang JURY TRlAL.,~~NOEll un~c ~' . . ............ '. II YOU A. RI.H~REBY NOTIFIED that a civil action waa bf\!ughlagainat you In tneed"" of coJd'trtcin Pie.. of Cumberland County, Penns,~n". at Docket No. 2005-2'192 eM! Term, by Qarol A. Beat for personal injuries. ' Ypu bave,_been IUId In court. If you wish to defend again8t the claims set forth in tb:8 fofIowlngpag..; YOl,J. must take aotlon within twen"- ~) day. after this CQmplalnr and notiCe_,. "'rved. by entering a written appN~ personally or by attorney and ftltngiA wrttlng wttl1 the Court your defenses or,objections to the claims set forth agalnat~. YOU are warned that If you lall to do 80 Ihe',cue~a)'.proceed ~ you ~'j,Udgern.nt may be entered agalnstYOlJ by thf court Without ful1her notice forany,....yd8ned In the complaint or fOr'any, other-claim or renel requested by ~ the P"_. You may lose money or property or pther rights Important to you.." yOU SHOUlD TAKE THIS PAPER TO YOUR I-AWYER AT ONCE. IF YOU DO NOT HAVEAVlWV!R OR CANNOT AFFORD OHE, GO TO ORTELEPHONE THE OFFIft SE't"flRTH BELOW TO FIND OUT WHER& YOU CAN GET LEGAL ,HEt,.P. ~: " ~t . ," ! ..' CUMBERLAND COUNTY BAR ASSOCIATION .. 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717.249-3166 or 800-990-9108 ''', ,,, Affiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of :1:::~~ Sworn to and subscribed before me this 31 st day of August, 2005. (!'-flj J ;1fufv;; ~ ~ Notary P ic My commission expires: q If /0 f COMMONWEALTh Uf PENNSYLVANIA Notarial Seal Christina L. Wci.fe, Notary Public Carlisle Boro, Cumberland County My Commissiort Expires Sept. 1, 2008 Member. Pennsylvania Association Of Notanes ~CEIVED AUG 032005 CAROL A. BEAL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2005-2792 Civil Term CASEY L. KRESGE, COLIN J. SPIRK, and DENISE MOSSER, Defendants : CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this 'i~ dayof ~d ,2005, upon consideration of Plaintiff's Motion for Service by Publication upon Defendant, Colin J, Spirk, and it appearing to the Court that Plaintiff has made a good-faith effort to locate and serve Defendant in the regular course, IT IS HEREBY ORDERED that said Motion is granted, and service upon Defendant, Colin J, Spirk, is to be made by publication pursuant to Pa.R.C.P. 430(b) in the form provided as "Exhibit B" to Plaintiff's Motion for Service by Publication. Id M}Jf~ a 1.t.d4 I I J. fFIUE COpy FROM REC08!l In Tlitlmon)' whereof, I here unto set my h"nd ~rld !:he ~ of sald~at Car.....~ ,,' l'ilis ~'l. ~...-.oc, ra. ~, (k'rAda'h ~. 2ionJ Prottto ( \ ( t' If' C.J -1'1 -' c:. (~-1 " _.-, co? C':i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEAL CAROL A VS KRESGE CASEY L 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 MOSSER DENISE M but was unable to locate Her , to wit: in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS attached return from NORTHAMPTON On September 13th , 2005 , this office was in receipt of the Sheriff's Costs: Docketing .00 Out of County .00 Surcharge .00 .00 .00 .00 09/13/2005 HANDLER HENNING ROSENBERG County Sworn and subscribed to before me this Iv day of ~~/I"^ lv;- ;lovS- -liD. ~_ J-~".!iL;~~ ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATIORNEY 1. All information from the attorney must be filled-in before , 4, 'When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriffs levy, The Sheriff or 3. When completinl! location for service. be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5. Service will be executed in accordance'with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 231, Pennsylvania Rules of Civil Procedure. township. if applicable. 6. The attorney must certify all copies of process. 7. Supply a self~addressed stamped envelope for return of service, PLAINTtFF, CAROL A BEAL DEFENDANT, CASEY L KRESGE etal SERVE UPON, L/}:tCi /lIel T7/7C>/i} /+ \/e DE NISE MOSSER TYPE OF WRIT, REISSUED WRkjI: (flF "u ""<(-JI.v,., "PrO , P A S'U fh./hO - ATIORNEY (NAME, ADDRESS, PHONE) ATIORNEY SIGNATUREf HON R THOMAS KLINE DOCKET NUMBER, 0- 00.5 Z 7 12. FOR PROTHONOTARY USE ONLY LAST DAY FOR SERVICE, 'i '.3& -05" / <:. LOCATION, (IF DIFFERENT FROM ABOVE) ASAP RETURN OF SERVICE (To be completed by Sheriff) DATE, TIME,.--" ./ SA i/( /->'"d.s: ( ) BOROUGH OF, ( ) CITY OF ( ) TOWNSHIP OF, INDIVIDUAL SERVED, Served in the following manner: Defendant personally served ( ) Adult family member with whom said defendant resides e ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides e ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company ( ) Posted property ( ) Levy on property ( )Other: ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown Comments SO ANSWERS, TY I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. BY, De ut n Sheriff of Northam ton Coon ACCEPTANCE OF SERVICE Date I accept service of the authorized to do so. on behalf of and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEAL CAROL A VS KRESGE CASEY L 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: MOSSER DENISE M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 8th , 2005 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/08/2005 HANDLER HENNING So answ~5~;r- -,.----~- _,--:;...~_~'"-,---~--~~ .-r'>~./>d~ ,_-::t<-/""' ..,.>7 -_c__:~:;',~:;'i::i/~~ L~-.;,::~"~~-'-'::-- -,- R . 'Thoma s Kline ' Sheriff of Cumberland County AND ROSENBERG Sworn and subscribed to before me this fCp day of 5:1 ~-'1\t/fu.r d(lfl\, 6:;;;'d- ( ~ary ,..... ~. I. All infonnation from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2, Prepare a separate Order for Service fonn for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff, the property is under a Sheriffs levy. The Sheriff or 3. When comDletinl! location for service. be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5, Service will be executed in accordance. with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 231, Pennsylvania Rules of Civil Procedure. 6, The attorney must certify all copies of process. townshiD. if aDDlicable. 7 Supply a self-addressed stamped envelope for return of service. PLAINTIFF, , ''''aT DEFENDANT, CASEY L. KRESGE ET AL SERVE UPON, /YJO~ e! LOCATION, vU (Jriy G D.e.tJr.s~ / () Y IS 6 rO TYPEOFW:;CO ("l-tr' /,/7 i..#-FJ p"Il~A "^"FI/I ATTORNEY (NAME, ADI'lRESS, PHONE) ATTORNEY SIGNATURE, ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE REQUESTING ATTORNEY FOR PROTHONOTARY USE ONLY DOCKET NUMBER, 'l I LAST DAY FOR SERVICE, FEES PAID, r:rs-Z-7 2- RETURN OF SERVICE (To be completed by Sheriff) INDIVIDUAL SERVE~ J erv~,_j DATE/ 1; J u>> cJ TIMEZ Q) /0 {O LOCATION, (IF DIFFERENT FROM ABOVE) ( ) BOROUGH OF, ( ) CITY OF ( ) TOWNSHIP OF, Served in the following manner: ( )Othe" ( ) Defendant personally served ( ) Not Foun~Moved ( ) No Answer ( ) Vacant ( ) Unknown ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company ( ) Posted property ( ) Levy on property (Comments) SO ANSWERS, I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. BY, De ut Sheriff of Northam ton Count ACCEPTANCE OF SERVICE Date I accept service of the authorized to do so. on behalf of and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042-7483 (610) 559.3084 (610) 559.3781 (REAL ESTATE) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEAL CAROL A VS KRESGE CASEY L 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: KRESGE CASEY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 8th , 2005 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing Out of County Surcharge Northampton County 18.00 9.00 10.00 23.00 .00 60.00 08/08/2005 HANDLER HENNING So an~~~~///'_ "~~~:/. R.'Thomas Kline Sheriff of Cumberland , County ROSENBERG Sworn and subscribed to before me this J.J.,- day of ~fJ Lr Nylh..,...y dOO)' !J~I~.- (~ , . ORDER FOR SERVICE REQUEST TO BE COMPLETED BY TIlE REQUESTING ATIORNEY I. All information from the attorney must be filled-in before 4. When a Deputy Sheriff levys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2, Prepare a separate Order for Service form for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriff 5 levy. The Sheriff or 3. When completinl! location for service. be certain to Deputy is not liable in any way for protecting property. have a valid address or directions. Do not use P.O. 5, Service will be executed in accordance"with Rule 402 and Title Boxes or R.D. - ADDRESSES ONLY. Provide the 231, Pennsylvania Rules of Civil Procedure. 6, The attorney must certify all copies of process. township. if applicable. 7, Supply a self~addressed stamped envelope for return of service. PLAINTIFF: CAROL A. BEAL DEFENDANT: CASEY L. KRESGE ET AL CASEY L. KRESGE SERVE UPON: LOCATION: CkSINVT SI CfJSB)/ J:::: ;2.. C S" 4 a...... //,R fc:r ci-:-rf,... TYPE OF WRIT: I'. 1/ ../J' -f\ If..., ;?'A 2U/Yl~d tVS' ATIORNEY (NAME, ADDRESS, PHONE) ATIORNEY SIGNATURE: DOCKET NUMBER: Cs 27'72 FOR PROTHONOTARY USE ONLY LAST DAY FOR SERVICE: FEES PAID: 10'-- ..e LOCATION: (IF DIFFERENT FROM ABOVE) RETURN OF SERVICE (To be completed by Sheriff) DATE: y?;/O..('C r 7 \J U NOr- e (},s:- ( ) BOROUGH OF: ( ) CITY OF ( ) TOWNSHIP OF: INDIVIDUAL SERVED: Served in the following manner: ( ) Defendant personally served Adult family member with whom said defendant resides ) Adult in charge of defendant's residence ) Manager/Clerk of place of lodging In which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendanl company ( ) Posted property ( ) Levy on property ( ) Other: ( ) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown Comments) SO ANSWERS: JEFFREY K HA WBECKER SHERIFF OF NORTHAMPTO I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. BY: Bad e# Sheriff of Northam ton Count Date ACCEPTANCE OF SERVICE I accept service of the authorized to do SQ. on behalf of and certify thai I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042.7483 (610) 559-3084 (610) 559.3781 (REAL ESTATE) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02792 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEAL CAROL A VS KRESGE CASEY L 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: SPIRK COLIN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHAMPTON County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 8th , 2005 , this office was in receipt of the attached return from NORTHAMPTON Sheriff's Costs: Docketing Out of County Surcharge Northampton County 6.00 .00 10.00 75.00 .00 91.00 08/08/2005 HANDLER HENNING So answers",> , ;/ ----..<: /?' , .-"', "~c" 'C'. '-.. L: /.,.:.. . R. Thomas Kline Sheriff of Cumberland -- ,,....~ , County ROSENBERG Sworn and subscribed to before me this L day of Svplvwth.ur ./ d-t)bc, !J~ ( Pr 0 otar , ORDER FOR SERVICE REQUEST TO BE COMPLETED BY THE RE UESTING ATTORNEY 1. All information from the anomey must be filled-in before 4. When a Deputy Sherifflevys or attaches property, he or she service can be made. will leave the property without a watchman and in custody of 2. Prepare a separate Order for Service fonn for each defendant to whomever is found in possession, after notifying the person be served by the Sheriff. the property is under a Sheriffs levy. The Sheriff or 3. When completinl! location for service. be certain to Deputy is not liable in any way for protecting pro;>erty. have a valid address or directions. Do not use P.O. 5. Service will be executed in accordance.with Rule 402 and Title . 231, Pennsylvania Rules of CivIl Procedure. Boxes or R.D. - ADDRESSES ONLY. ProvIde the 6. The attorney must certify all copies of process. township. if applicable. 7. Supply a self-addressed stamped envelope for return of service. PLAINTIFF, CAROL A. SEAL DEFENDANT, C c LOCA nON, . / t t; tft?'ro V U p/Z-/ Vv ~o/L7A A/17 >rcP ~ SERVE UPON, I r'JJ TYPE OF WRIT, ATTORNEY(NAME,ADD ATTORNEY SIGNATURE, DOCKET NUMBER, ().7~Z7 FOR PROTHONOTARY USE ONLY LAST DAY FOR SERVICE, FEES PAID, 2, ERVICE (To be compteted by Sheriff) DA? J (/Al or TIMEz (0 () ( ) BOROUGH OF, ( ) CITY OF ( ) TOWNSHIP OF INDIVIDUAL SERVED, ----;- /1/0 { LOCA nON, (IF DIFFERENT FROM ABOVE) Served in the following manner: ( ) Defendant personally served ( ) Adult family member with whom said defendant resides ( ) Adult in charge of defendant's residence ( ) Manager/Clerk of place of lodging in which defendant resides ( ) Agent or person in charge of defendant's office or usual place of business ( ) Officer of said defendant company ( ) Posted property ( ) Levy on property ( ) Other: ( ) Not Fou~oved ( ) No Answer ( ) Vacant ( ) Unknown (Comments) I hereby deputize the Sheriff of County, To execute and make a return on the above and attached action according to law. De Sheriff of Northam ton Count ACCEPTANCE OF SERVICE Date I accept service of the authorized to do so. on behalf of and certify that I am (Defendant or Authorized Agent) (Mailing Address) NORTHAMPTON COUNTY SHERIFF'S DEPARTMENT 669 WASHINGTON STREET EASTON, PA 18042.7483 (610) 559-3084 (610) 559-3781 (REAL ESTATE) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 2005 ;;2 "[9 J---... Civil l ~ Civil Action - (XX) Law ( ) Equity Carol A. Beal 402 Boxwood Court Mechanicsburg, PA 17055 Casey L. Kresge 17 Koser Rd, Shippensburg, PA 17257 Colin J, Spirk 104 Boro Vu Dr, Northampton, PA 1 B067 ""''')' li~. ~~. rl"V, ',:;.j Denise M, Mosser 104 Boro Vu Dr. Northampton, PA 1 B067 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (3) Writs of Summons in the above-captioned action, Three (3) Writs of Summons shall be issued and forwarded to ( ) )Sheriff Matthew S, Crosbv, Esauire 1300 Linalestown Rd, Harrisbura, PA 17110 (717) 238-2000 Name/AddresslTelephone No, of Attorney Signature of Attorney Supreme Court ID No. 69367 Date: o/Z& {200'w- I I WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED ACTION AGAINST YOU. Date: fI1';:Jy ::2'), ~ ) Check here if reverse is used for additional information TRUE Copy FROM RECORD M TfIl\llIN:lRy ..lVlfllOl, 1 heft unto set my hliOO .. .. _ cl SJ<U Court at ~. PI, '- ~ );:~ ~;?:i. ) ,~ Pl"'!mn~ SERVE LtI :[ d Li: AVN ~DOl pH ;')';',' II' : '; ,J" ~ " \}d -)\li,jii).; l" '-;._.:_'i.;~'H("i .:LlItJ3HS :::ill ,:C 3Ji.:UO 7 /In" ,~, '" I 'I : :'.I,::1:! (, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No,2005 :J."r.q~ Civill~ Civil Action - (XX) Law ( ) Equity Carol A, Beal 402 Boxwood Court Mechanicsburg, PA 17055 Casey L. Kresge 17 Koser Rd, Shippensburg, PA 17257 Colin J. Spirk 104 Boro Vu Dr. Northampton, PA 18067 t. Denise M, Mosser 104 Boro Vu Dr, Northampton, PA 18067 versus Plaintiff(s) & Address(es) Detendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue one (3) Writs ot Summons in the above-captioned action, Three (3) Writs ot Summons shall be issued and forwarded to () FIley... )Sheriff I I Matthew S, Crosbv, Esauire 1300 Linalestown Rd, Harrisbura, PA 17110 (717) 238-2000 NamelAddressrrelephone No. ot Attorney Signature ot Attorney Supreme Court ID No, 69367 Date: 5"IZ& {WO'o- I ( WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): k. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENC ACTION AGAINST YOU. AN Date: fYl ';:] y ;:2.7, ::J nt:>-....\ Prothonotary 01 ~ ~-P P. /f(..?~L / Deputy ) Check here if reverse is used for additional information TRUE COPY FROM RECORD .. T~~y whereof. I hefe unto SlIt my hand ... .. .. .. ... ~.. """" ~ '- ,.~~ ~!::J~ SERVE L i] :[ d L Z .l. VYl ~ODZ . en II" ,", II ,;'"j 'i1!'_' f,"C .J d '} , ; ~.,.', r . j '"l;.i" \U...\'II ;LJliJ3HS Jdl J03JI:.l.:l,! 7 'mi ',.' 'i!: ; ..:1"": .,J : I In The Court of Common Pleas otCumberland County, Pennsylvania Carol A. Beal YS. Casey L. Kresge et al SERVE: Denise M. Mosser No. 05-2792 civil Now, June 1, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northampton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~?e.~~ Sheriff of Cum berland County. P A /d 7' Affidavit of Service / ;> J (J lei dS 20 oS at Z/rfO If/lac: . ,!'-' c-o~rJ/f');J I" ..A./ () IT .s'""""r- vJ /f'tY, r 0 V rJ /7;<:,.. I yo' ..>~r-t/J M. served the Now, within at Cd Ii>> S /,1 ILL ",I/o/,.- /,0 upon by handing to a copy of the original and made mown to the contents thereof. So answers, Sworn and subscribed before S me this l ->ciay of vV ~ 20 " - - COSTS SERVICE MILEAGE AFFIDAVIT $ $ I :" \~ \ \ ~ ll~r I , . . , ! 'd'l , f r~ . .In The Court of Common' Pleas of Cumberland County, Pennsylvania Carol A. Seal ' VS. Casey L. Kresge et al SERVE: Casey L. Kresge No. 05-2792 civil Now, June"J. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Noi:tharnPton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~-eJ<~ Sheriff of Cumberland County. P A , Mfidavit of Service Now, . -n ~LJwi- 1 J ,20QS,at 60..("o'clockLM.servedthe ~ . ("? .5 V -1'1 fflr5U ./' within upon_ :~ e;x Ie: eU!f? - ch-ebT ;vuT sTj . ~AIT--J at //% oC'" :? by handing to 1>0 C€-- -e.. \J f'nO.5:: ~ \' a copy of the original and made mown to the contents thereof. So answers, ~~~-a,/fltij/(J AI County, PA ;- Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ [;0, Hi .' z D, li'ir ." \ \. \^: I :~''; -.~: }j i:_j :::~ CAROL A. BEAL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 2005-2792 CASEY L. KRESGE, COLIN J. SPIRK and DENISE MOSSER, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued, HANDLER, HENNING & ROSENBERG, LLP BY: Matthew S. Crosby, Esq. Supreme Court ID No. 69367 1300 Unglestown Road Harrisburg, PA 17110 Attorneys for Plaintiff DATE: I b[i.t'Z..CQ5 o <;" < ....' ;:;.:," C_';3 .c::I~ o (') --', \ .....J. ::'1 Q, -' ';\~ :Q . C,-- :~:y.~'; . .?I.<~~ ~..,.. :::::,. .}li, ~ o ..- '"'C" ~I2