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HomeMy WebLinkAbout06-4347IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Melanie Pepperman and Scott Pepperman, Her Husband 5 Briarwood Court Mechanicsburg, PA 17055 William K. Coleman c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) AAomey (X )_Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP Slofflure of/AttomS3 2225 Millennium Way Supreme urt I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: Jr Lf' L? WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): MICHAEL R. ORR and WILLIAM K. COLEMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION A(;AINST YOU Date:% 1J., f J1 .2 c? No. C K( - 4317 Civil Action - Law JURY TRIAL DEMANDED Michael R. Orr 117 East Main Street, Apt. 2 Mechanicsburg, PA 17055 versus and Prot notary by Deputy ( ) Check here if reverse is issued for additional information 7J- R 41 .p 11 0 ((DCO SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 MELANIE PEPPERMAN and SCOTT I IN THE COURT OF COMMON PLEAS PEPPERMAN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-4347 V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants To the Prothonotary: CIVIL ACTION - LAW JURY TRIAL DEMANDED Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP 4yllla'l'z? By: /I L( T' Urwhy A. h nberger, Esquire Dated: August 2s, 2006 C o 7? -T CYI G aF SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04347 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PEPPERMAN MELANIE ET AL VS ORR MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ORR MICHAEL R but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT , ORR MICHAEL R 117 EAST MAIN STREET APT 2 MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So Docketing 18.00 Service 8.80 Not Found _ 5.00 Surcharge 10.00 Postage .39 42.19 c. Sworn and Subscribed to before me this day of A. D. ' R. Thomas Kline he i of Cumberland County HOLLENBERGER & JANUZZI 08/07/2006 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04347 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEPPERMAN MELANIE ET AL VS ORR MICHAEL R ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon COLEMAN WILLIAM K the DEFENDANT , at 0824:00 HOURS, on the 4th day of August 2006 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to WILLIAM COLEMAN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 4.40 Affidavit .00 ? Surcharge 10.00 R. Thomas Kline nn 20.40,/ 08/07/2006 q i3e?u(. SHOLLENBERGER & JANUZZI Sworn and Subscibed to I By: el?, before me this day Deputy Sheriff of A. D. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT To the Prothonotary: Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger, Esquire Dated: October 25, 2006 ? -n ? c:? _, } ? T'^y? , „ ? , t,.,l ' ?? , ?? ?" ,.. --rt ? f""? -"" ti ?"tl i?? ? ` .. ?. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED M o"" ` T"HWOE 9Y P CATION AND NOW, come the Plaintiffs, Melanie Pepperman and Scott Pepperman, wife and husband, by and through their attorneys, Shollenberger and Januzzi, LLP, and respectfully represent the following: 1. The Plaintiffs, Melanie Pepperman and Scott Pepperman, wife and husband, are adult individuals who currently reside at 5 Briarwood Court, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Michael R. Orr, is an adult individual whose last known address was 117 East Main Street, Apt. 2, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiffs filed a Writ of Summons against the Defendant on or about July 31, 2006. A copy of the Writ is attached hereto and incorporated by reference herein as Exhibit "A." 4. Plaintiffs attempted personal service upon the Defendant at his last known address at 117 East Main Street, Apt. 2, Mechanicsburg, Pennsylvania 17055, via Cumberland County Sheriff, whose return of service indicated that the Defendant "Moved and Left No Forwarding Address." A copy of the Sheriffs Return is attached hereto and incorporated herein as Exhibit "B." 5. The Plaintiffs, through their counsel, have made a reasonable investigation as required by Pa.R.C.P. 430 in an effort to serve the Defendant by conventional means. Counsel's efforts to locate the Defendant are enumerated in the Affidavit attached hereto and incorporated herein as Exhibit "C." 6. None of the resources set forth in the Affidavit have revealed any positive information regarding the whereabouts of the Defendant. WHEREFORE, Plaintiffs respectfully request your Honorable Court grant their Motion and allow them to serve the Defendant by publication pursuant to Pa.R.C.P. 430(a). Respectfully submitted, BY: !/ Ti . Shollen e A rney for Plaintiff I.D. No. 34343 2225 Millennium Way Enola, PA 17025 717-728-3200 Dated. Novembeo , 2006 SHOLLENBERGER & JANUZZI, LLP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?- No. 01. - Civil Action - Law JURY TRIAL DEMANDED Michael R. Orr 117 East Main Street, Apt. 2 Melanie Pepperman and Scott Mechanicsburg, PA 17055 Pepperman, Her Husband 5 Briarwood Court versus and Mechanicsburg, PA 17055 William K. Coleman c/o Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) gttorney ( X ) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP Si(?Wture o Attorntr - 2225 Millennium Way Supreme C urt I.D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): MICHAEL R. ORR and WILLIAM K. COLEMAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: Prothon ary JL4 I_j '? /' 'a coc, 4y Deputy ( ) Check here if reverse is issued for additional information COPY ??` ' • D .1 14 il v"i SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04347 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND XPE:PPERMAN MELANIE ET ORR MICHAEL R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ORR MICHAEL R but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , ORR MICHAEL R 117 EAST MAIN STREET APT 2 MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So an Docketing 18.00 Service 8.80 Not Found 5.00 IR. Thomas Kline Surcharge 10.00 he i of Cumberland County Postage .39 42.19 HOLLENBERGER & JANUZZI 08/07/2006 Sworn and Subscribed to before me this day of , A. D. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND I, TIMOTHY A. SHOLLENBERGER, ESQUIRE, do swear and affirm the following: 1. That I am the attorney for the Plaintiffs, Melanie Pepperman and Scott Pepperman, in the foregoing civil action; 2. That notice to the Defendant of the foregoing civil action was unsuccessfully attempted by the Cumberland County Sheriff, whose return of service indicated that the Defendant "moved and left no forwarding address; 3. That I have contacted telephone directory assistance for the Mechanicsburg and Harrisburg areas and have been advised that there is no listing for the Defendant; 4. That I have requested address information of the U.S. Postmaster pursuant to the Freedom of Information Act, which has revealed that the Defendant's address is unknown (see Exhibit "D" attached hereto); 5. That I have searched the following internet search engines in an effort to locate the Defendant's whereabouts, with no success: a. WestLaw b. Zabasearch.com C. Veromi.net d. anywho.com e. searchbug.com f. smartpages.com g. switchboard.com h. whitepages.com i. peoplefinders.com 6. That I have contacted the following individuals who I believed to have a connection to the Defendant in some manner and who were revealed to me via the internet search engines set forth in Paragraph 5, with the follow results: a. Lisa K. Brenneman, a/k/a Lisa K. Orr, the ex-wife of the Defendant, whose telephone number has been disconnected and no forwarding number available; b. Larry W. Brenneman, former brother-in-law of the Defendant, who advised that he believes the Defendant has left the Mechanicsburg area, but has no contact with him and does not know his address or telephone number; C. Howard R. Bentzel, who obtained a monetary judgment against the Defendant on August 18, 2004. Mr. Bentzel advised that the Defendant did not participate in the litigation that led to the judgment, and that he had no idea where the Defendant may be; d. Upper Allen Township Magisterial District Judge Mark Martin, whose office entered the judgment set forth in Subparagraph c above, and who advised that the office had no updated address or other inf rmation for the Defendant. T' o y A. S b , E ire Postmaster Date: August 30, 2006 Mechanicsburg, PA 17055 City, State, ZIP Code REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Michael Orr Address:_117 East Main Street, Apt. 2, Mechanicsburg, PA 17055 Note: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information. 1. Capacity of requester (e.g., process server, attorney, party representing self): Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Heather Plank VanTassell and Melanie Pepperman 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 06-4346 and 06-4347 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation. J f/ 2225 Millennium Way Si ature " - Address Timothy A. Shollenber, eg_r, Esquire Enola, PA 17025 Printed Name City, State, ZIP Code POST OFFICE USE ONLY --?"No change of address order on file. NEW ADDRESS OR BOXHOLDER'S NAME POSTMARK Moved, left no forwarding address. AND STREET ADDRESS , No such address. 't• eiF ? :'t3'. mom, Aa, ` ? ` ? C ? ' c": ! ? ? r ``t ? ?.; . rrra _? "; 1.,. S ? ?C' i 1, } ms=s cr3 : c ?-?. ?<, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT To the Prothonotary: Please reissue the Writ of Summons against the Defendant, Michael R. Orr, in the above- captioned action. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timothy Shollenberger, Esquire Dated: December 1, 2006 ?T ?p r rri C!s SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants DEC 0 7 2006 ,PV IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this L: day of p? ORDER 2006, upon consideration of the within Motion for Service by Publication, and good cause appearing therefor, it is hereby ORDERED that the Motion is granted. The following notice shall be published once in the Cumberland Law Journal, and once in the Harrisburg Patriot-News: MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants TO: MICHAEL R. ORR, DEFENDANT NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED You are notified that the Plaintiffs, Melanie Pepperman and Scott Pepperman, wife and husband, have commenced a civil action against you entered to No. 06-4347 in the Court of Common Pleas of Cumberland County, Pennsylvania, which you are required to defend. t????+'? Lr Y?.. ?? l'.``1 =- ??? ?' .. V 4 ATTORNEY FOR PLAINTIFFS: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BY THE COURT: MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4347 MICHAEL R. ORR and WILLIAM K. CIVIL ACTION -LAW COLEMAN, JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Michael R. Orr and William K. Coleman, with regard to the above-captioned matter. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP *arl - ildabrand, Esquire ttorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 Date: elo `?? 07 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of June 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy A. Shollenberger Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 c larl R. Hildabrand ?s r ?t SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-captioned action settled, ended, and discontinued with prejudice. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: October 13, 2008 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff MELANIE PEPPERMAN and SCOTT PEPPERMAN, her husband, Plaintiff V. MICHAEL R. ORR and WILLIAM K. COLEMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4347 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 13th day of October 2008, 1 hereby certify that I have served the following Praecipe to Discontinue on the following by forwarding a true and correct copy of same in the United States mail, Postage prepaid, addressed to: Karl Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 Respectfully submitted, B SHOLLENBERGER & JANUZZI, LLP C) r.s Q t7 C:) 1 .- * «« D!7 1 l ^^ l., ? C=:p cm 1 rTl 73 5 _y t''S jt }7