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HomeMy WebLinkAbout05-6765IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- ( ) Law Michael Adrian ( ) Equity 1 Bellaire Avenue, #14 Alvin L. and Carlisle, PA 17013 Mary L. West 1525 Valley Road Marysville, PA 17053 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above captioned action. Writ of Summons shall be issued and forward ) Attorney (x) Sheriff Stephen J. Hogg, Esquire G 19 S. Hanover Street, Ste. 101 Signature of Att y Carlisle, PA 17013 (717) 245-2698 Supreme Court 7DNo. 36812 Names/Address/Telephone No. of Attorney Date: 12/21 /05 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS AVE COMMENCED AN ACTION AGAINST YOU. Prot onota Date: I P ?D0.5 by Deputy ( ) Check here if reverse is issued for additional information PROTHON. -55 n I? pia -' ^1 W G 1 l.v h? C? a 0 ( ov) 0 T?5 W ^Y T1 j l ?- l ,.fJ 4t i -;Yl SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADRIAN MICHAEL VS WEST ALVIN L ET 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: ALVIN L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 12th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Docketing Out of Cc Surcharge Dep Perry Postage Costs: 18.00 znty 9.00 10.00 County 36.80 .39 01/12/2006 STEPHEN HOGG So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .1Sr`` day o JotL A4Pr- D000??? 04Z d4 onota7r-- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADRIAN MICHAEL VS WEST ALVIN L ET 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: WEST MARY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 12th , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 01/12/2006 STEPHEN HOGG So answers:, i R`. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1s day of 2ov A.D. ono ry In The Court of Common Pleas of Cumberland County, Pennsylvania Michael Adrian vs. Alvin L. West et al SEINE: Alvin L. West No. 05-6765 civil Now, January 4, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff..? Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this _ day of 120 _ MILEAGE AFFIDAVIT 20 at o'clock M. served the In The Court of Common Pleas of Cumberland County, Pennsylvania Michael Adrian VS. Alvin L. West et al SERVE: Mary L. West No. 05-6765 civil NOW, January 4, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff,.. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 20, at o'clock M. served the copy of the original COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN Michael Adrian VS Alvin L. West and Mary L. West 1525 Valley Rd. Marysville, PA 17053 In the Court of Common Pleas Of the 41't Judicial District of Pennsylvania- Perry County Branch No. 2005-6765 Cumberland County 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, Alvin L. West & Mary L. West, but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s) Alvin L. West and Mary L. West at 1525 Valley Rd. Marysville, PA 17053,NOT FOUND. DEFENDANTS MOVED TO CAMP HILL, PA (CUMBERLAND COUNTY) So Answers, Sworn and subscribed to before me this /GM day of 2006. 6(c Carl E. Nace Sheriff of Perry County U U NOTARIAL SEAL MARGARET F.FUCKINGER,NOTARYpUBUC BLDOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. IS.C -G7GS i'c? iL?E2h 1 Civil Action- ( ) Law Michael Adrian ( ) Equity 1 Bellaire Avenue, #14 Alvin L. and Carlisle, PA 17013 Mary L. West 1525 Valley Road Marysville, PA 17053 versus rn Jc_: a co Plaintiff(s) & Defendant(s) & o Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above captioned action. Writ of Summons shall be issued and forwardci ( ) Attorney (x) Sheriff Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Si9natureof Att y Carlisle, PA 17013 (717) 245-2698 Supreme Court YD No. 36812 Names/Address/Telephone No. of Attorney Date: 1 2 / 21 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED =/HAVE COMMENCED AN ACTION AGAINST YOU. Pro onotagp Date: JC e2 P ?D0.5 by Deputy ( ) Check here if reverse is issued for additional inf?ozmatior] COPY FROM REGUFiC! PROTHON. -55 RIIJJEE in Teslowiny wne^ew, I here unto set eery Nvi" and the set of said CCw*W k fir OZ :II d bC 330 SOOl JJ183HS 3H1 ,i7 3J133G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. LL - G7?5 C 'v iL?i Civil Action- ( ) Law Michael Adrian ( ) Equity 1 Bellaire Avenue, #14 Alvin L. and Carlisle, PA 17013 Mary L. West 1525 Valley Road Marysville, PA 17053 versus 0 W s • rn rr, ?. i 0-1 :ca S Plaintiff(s) & Defendant(sJW. co Address(es) Address(es)_r =: 0 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above captioned action. Writ of Summons shall be issued and forwarde'04 ( ) Attorney (x) Sheriff Stephen J. Hogg, Esquire 19 S. Hanover Street, Ste. 101 Si9natureofAtt y Carlisle, PA 17013 (717) 245-2698 Supreme Court D No. 3681 2 Names/Address/Telephone No. of Attorney Date: 12 / 21 / 0 5 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAIN FF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothon tary Date: I C o2 P X00.5 by Deputy ( ) Check here if reverse is issued for additional inforIV PROTHON. -55 COPY FROM RECORD m Testfml whemot, I Mrs uft set "W hale and ft "all of said G rt +d cwt*. Pa. di UF?:C I Z :II d bZ 030 SOOZ 331a3NS 3Na. 30 331336 Michael Adrian, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANNIA : Civil Division vs. : No.: 05-6765 Alvin L. and Mary L. West, Defendants PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please reinstate the Writ of Summons filed on December 28, 2005 regarding the above matter to be served at Defendant's new address. Thank you for your attention in this matter. Date: Z Q Q Attorney for LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 „ SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-06765 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ADRIAN MICHAEL VS WEST ALVIN L ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WEST ALVIN L to wit: unable to locate Him in his bailiwick WRIT OF SUMMONS the within named DEFENDANT 104 N 21ST CAMP HILL, PA NOT SERVED , as to , WEST ALVIN L ALVIN IS DECEASED. Sheriff's Costs: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 .00 41.59 So answer R. Thomas Kline Sheriff of Cumberland County STEPHEN HOGG 02/27/2006 Sworn and subscribed to before me m this o2v day of Aa,.- A? oZbDL A.D. Prothonotary but was He therefore returns the SHERIFF'S RETURN - REGULAR CASE NO: 2005-06765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADRIAN MICHAEL VS WEST ALVIN L RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WEST the DEFENDANT , at 1100:00 HOURS, on the 24th day of February , 2006 at 104 N 21ST STREET CAMP HILL. PA 17011 MARY WEST by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this .20 day of ?U0(v A.D. 6L* , rot o y So Answers: R. Thomas Kline 02/27/2006 STEPHEN HOGG By: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael Adrian 1 Bellaire Avenue, #14 Carlisle, PA 17013 Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) & Address(es) Please issue writ of summons in the above captioned action. Writ of Summons shall be issued and forward Stephen J. Hogg, Esquire d 19 S. Hanover Street, Ste. 101 Signature of Ati Carlisle, PA 17013 / (717) 245-2698 Supreme Court ) Attorney (x) Sheriff No. 36812 Names/Address/Telephone No. of Attorney Date: 12/21/05 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS IAVE COMMENCED AN ACTION AGAINST YOU. Prot onota Date: i ?P aT bc?S by Deputy ( ) Check here if reverse is issued for additional information PROTHON. -55 I'ME COPY FROM RECORD m TWOM wnere0f, I here uMO set IM hOM -md tM SW of said Ceuq 11 Cam". PC_e-- No. L9 (21"0 iC? Civil Action- ( ) Law ( ) Equity Alvin L. and Mary L. West 1525 Valley Road Marysville, PA 17053 versus Tall ??r Michael Adrian, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANNIA : Civil Division VS. Alvin L. and Mary L. West, Defendants No.: 05-6765 PRAECIPE FOR LEAVE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY OF SAID COURT: The undersigned requests leave to withdraw as counsel in the LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 above matter. Thank you for your attention in this matter. --7 't 'L 4j, V /' Date: Stephen J. H g , Es ' e Attorney for PI intiff ?- ? r., _ ?; 7i ?--? i --I -, ' .;::- ' 'r }??} ? ? `?:i7 ._,. •{ Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Plaintiff MICHAEL ADRIAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ALVIN L. WEST and MARY WEST, his wife, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 05-6765 Civil Term JURY TRIAL DEMANDED PRAECIPE PLEASE enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER By Esquire vel anno RULE TO: Plaintiff Michael Adrian c/o Stephen J. Hogg, Esquire 19 S. Hanover Street Carlisle, PA 17013 You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: 1110510$ Pr onota CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 4, 2008: Stephen J. Hogg, Esquire 19 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B 4Kelly L. anno, Esquire 343881 C'? c .? K CD J J JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire Attorney for Defendant I.D. No. 78000 Stephen A. Huston 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 E-mail 1rnCa?Lsw.com MICHAEL ADRIAN, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ALVIN L. WEST and MARY WEST, his wife, Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CIVIL ACTION - LAW NO. 05-6765 CIVIL TERM JURY TRIAL DEMANDED Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on November 5, 2008, and served on the date reflected in the attached Certificate of Service. Date: November 20, 2008 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Wx 4"A John . Ninos y, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: CERTIFIED MAIL RETURN RECEIPT REQUEST Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: Joh R. Ninosky 11 t CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to File Certificate of Service has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Ninosky rv _ -rt 'V V' v !`-r 1 C 1 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 E-mail: jrn@jdsw.com Attorney for Defendant Stephen A. Huston MICHAEL ADRIAN, Plaintiffs V. ALVIN L. WEST and MARY WEST, his wife, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6765 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE PLEASE substitute my appearance as the attorney for the Defendants in the above-captioned matter. Date: November 20, 2008 351232 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: z4dq YAL,.,z? Jo in sky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant I I—, i CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: z -1? ZZL' Jo n R. Ninosky to n cl?° c JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 E-mail: jrn@jdsw.com Attorney for Defendant Stephen A. Huston MICHAEL ADRIAN, Plaintiff V. ALVIN L. WEST and MARY WEST, his wife, Defendants PRAECIPE TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 05-6765 CIVIL TERM JURY TRIAL DEMANDED Kindly enter judgment of non pros against Plaintiff for his failure to file a Complaint based upon the following: 1. This case was instituted by the filing of a Writ of Summons. 2. A Rule to File Complaint was filed upon Plaintiffs counsel of record on or about November 20, 2008. Attached hereto as Exhibit A is a copy of the Certificate of Service reflecting service of same. 3. Plaintiff failed to file a Complaint within 20 days as required by the above-referenced Rule. 4. On December 19, 2008, a 10-day notice of entry of judgment of non pros was forwarded to Plaintiff and Plaintiffs counsel via certified mail, return receipt requested. A copy of the Notice is attached hereto as Exhibit B. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 5. Attached hereto as Exhibit C is a copy of the signed certified green cards confirming receipt of the 10-day notice. 6. Plaintiff has not filed a Complaint in response to the Notice. WHEREFORE, Defendants respectfully request that judgment of non pros be entered in this case due to Plaintiffs failure to file Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: January 6, 2009 354555 n c C) Q3 1T JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire Attorney for Defii3 rit I.D. No. 78000 Stephen A. Hustdrf_ 301 Market Street _r ? no P. O. Box 109 c7 Lemoyne, PA 17043-0109 ` ?c Telephone: (717) 761-4540 E-mail: im(&-idsw com MICHAEL ADRIAN, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALVIN L. WEST and NO. 05-6765 CIVIL TERM MARY WEST, his wife, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on November 5, 2008, and served on the date reflected in the attached Certificate of Service. Date: November 20, 2008 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ??k gX 4'.A John . Ninos y, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: CERTIFIED MAIL RETURN RECEIPT REQUEST Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 f 2 Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Jq nit 6L W6,5& P-A 1 ?7 r 3 X Received NameI C. Date t _3a D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address low: 0 No 3. Service Type 41lfCertitied Mail 0 Express Mail 0 Registered doeturn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? fFxtra Fee) 0 Yes JOHNSON, DUFFIE, STEWART & WEIDNER ?J,4 It All,-AI, By= Joh R. Ninosky '' F1C1AL .e $ ?m P le y ??\ w ,\ 0 Were ,s -' . 7z)A 2. Article Number (Transfer from service fed 7007 0710 0002 9649 0662 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to File Certificate of Service has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 20, 2008: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: John K. Ninosky JEP,RY R, DUFFLE RICILARD?V. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON (. SHIPMAN JEFFREY B. RETTIG I{EVIN E. OSBORNE RALPH H. WRIGHT. JR. MARK C. DUFFLE JOHN R. NINOSKY NTICHAEL J. C.ASSIDY jLi?rsoN DUFFIE November 20, 2008 CERTIFIED MAIL RETURN RECEIPT REQUEST Stephen Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Re: Michael Adrian v. Alvin L. and Mary West Cumberland County Docket No.: 05-6765 Civil Dear Mr. Hogg: NIELISS.A PEEL GREEVY ROBERT 1A. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 140 E-MAILjrn(@jdsw.com The undersigned is going to take over the handling of this file in that Kelly Bonanno has left the firm. Enclosed please find a Rule to File Complaint in this case. It is my understanding that you attempted to withdraw as counsel for the Plaintiff. However, there has been no court action on that request. I respectfully suggest that your client discontinues this action so as to avoid the necessity of filing a Complaint. I look forward to receiving the Complaint and/or a discontinuance pursuant to the Rules of Civil Procedure. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER John R. Ninosky JRN:mlb:351243 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWIDSW.COM 717.761.4540 FAX: 717.761.3015 1NIAILQJDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFIE, STEWART & WEIDNER By. John R. Ninosky, Esquire I. D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 E-mail: jrn@jdsw.com MICHAEL ADRIAN, V. Plaintiffs ALVIN L. WEST and MARY WEST, his wife, Defendants TO: Michael Adrian 1 Bellaire Avenue Carlisle, PA 17013 DATE OF NOTICE: December 19, 2008 Attorney for Defendant Stephen A. Huston IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6765 CIVIL TERM JURY TRIAL DEMANDED Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO IMPORTANTE TO: Michael Adrian 1 Bellaire Avenue Carlisle, PA 17013 Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 FECHA DEL AVISO: December 19, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE LISTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 10-DAY NOTICE has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 19, 2008: CERTIFIED MAIL RETURN RECEIPT REQUEST Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Michael Adrian 1 Bellaire Avenue Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: J n . Ninosky Er 1 1 -0 r-1 LADomestic Mail Oaiy, No Insurance Covetage Provided) i Er n For delivery n t F I A' L U - Or. ` ,n Postage Postage $ Er Q' Certified Fee i Certified Fee ° Return Receipt Fee i Nostiihark C3 Return Receipt Fee C3 (Endorsement Required) ``? Here C3 (Endorsement Required) nV Restricted Delivery Fee Restricted Delivery Fee n (Endorsement Required) p (Endorsement Required) r' Total Postage & Fees f` Total Postage & Fees $ , i ` Sent T Sent t -- - -. r?- - - C3 Street "No.; C3 eet, Apt. No.; N r%- or PO Box No. 1 Clty,- s0 Crry state, ztP+ - - - ------------° I A i?Q` maikr?A r A Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse ..so that we can return the card to you. ¦ Attach this cans to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: AR l9 Sjt?- Nano,, ? P.? r7o?3 ? Argent ? dmmm ReceIli by (Len Name) C. Date o D"ry CIL D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. ice Type ertitied Mail E3 Express Mail Registered AWRetum Receipt for Menchartdiae ? Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yee 2. cle Number (nsfer from service label) 7007 0 710 0002 9649 0 419 Ps !worm 3811, February 2004 Domestic Return Receipt 102595•09-Wi&W ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l ?a,rn? ALAe A. Signature IF 0 Agent X/r?- k/ 4 ? Addle B. Received by (Printed Name) C. Date of 't/y ,- -a 4A it 'W 1 I Z-? ? D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type AIMC-Pft; Mail' ? Express Mail - ? Registered t' t, Return Receipt for Mer6mindim ? Insured Mail C.O.D. 4.'=Restricted Delivery? tPittm Fee) ? 2. mwn*r m flcvrt aervfoe /shag 7007 0710 0002 9649 0396 (?rsnsrer Ps Form 3811, February 2004 Domestic Rstum Receipt 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Non Pros has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2009: Stephen J. Hogg, Esquire 19 South Hanover Street Carlisle, PA 17013 Michael Adrian 1 Bellaire Avenue Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER e??, W A zvz? By: John . Ninosky v y C, ± CNI LJ L ? ?:fs e J [J h 4-- Tom. U V V v MICHAEL ADRIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ALVIN L. WEST and MARY WEST, his wife, Defendants CIVIL ACTION - LAW NO. 05-6765 CIVIL TERM JURY TRIAL DEMANDED JUDGMENT AND NOW, this eclay of _?_, 2009, a Judgment of Non Pros is hereby entered against the Plaintiff for a failure to file a Complaint. BY THE PROTHONOTARY: