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Home My WebLink About06-4843IN THE COURT OF COMMON PLEAS )DA11 NNICOUNTY, PENNSYLVANIA CUMBERL ND / No. CY, - J/PN3 ?L U 1 fJLPn Civil Action - (X) Law ( ) Equity JOSEPH T. UPDEGROVE AND KATHLEEN BERRIGAN MONIQUE N. UPDEGROVE, 1922 KENT DRIVE HUSBAND AND WIFE AND CAMP HILL, PA 17011 MONIQUE N. UPDEGROVE ON BEHALF OF RAIESA A. MILLER, MINOR 342 NORTH SECOND WORMLEYSBURG, PA STREET 17043 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS Defendant(s) & Address(es) TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to( ) Atto y (X )Sheriff ANTHONY T. MCBETH 407 NORTH FRONT STREET Signature of Attorney HARRISBURG, PA 1710 Name / Address / Telephone No. of Attorney Supreme urtlDNo. 53729 Date: 6 X4-06 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS / HAVE COMMENCED AN ACTION AGAINST YOU. &?" Prot notary Date: 0" .2 6a. by ( Deputy ( ) Check here if reverse is issued for additional information. Prothon. - 55 ?l a ? N d 0 "L t"i- ? sue-' nil'' (,) CEO ?c . JOSEPH T. UPDEGROVE and : IN THE COURT OF COMMON PLEAS MONIQUE N. UPDEGROVE, : OF CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife, and MONIQUE N. UPDEGROVE ON : BEHALF OF RAIESA A. MILLER,: CIVIL ACTION - LAW MINOR, : Plaintiffs V. KATHLEEN BERRIGAN, Defendant TO THE PROTHONOTARY: :NO. 06-4843 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please re-issue the Writ of Summons in the captioned action. rlk'.14 a? aaob D Kifthony T. M 5t., h, Este-'' Attorney for P iffs 407 North Fr First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 The Writ of Summons is hereby re-issued. L on-4 Date Prot onotary n ? r7l fT CO SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04843 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UPDEGROVE JOSEPH T ET AL VS BERRIGAN KATHLEEN 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 BERRIGAN KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the _.?TT /1T /7T TT R1IR/?1T (1 NOT FOUND , as to the within named DEFENDANT BERRIGAN KATHLEEN 1922 KENT DRIVE CAMP HILL, PA 17011 DEFT DOES NOT LIVE AT ADDRESS PROVIDED, DID NOT LEAVE FORWARDING AT P.O. Sheriff's Costs: So angdYrs-, Docketing 18.00 Service 13.20 _ NOT FOUND RETURN 5.00 Surcharge 10.00 .00 46.20,/ 4/j Sworn and Subscribed to before me this day of A.D. . Thomas Kline e f of Cumberland County BONY MCBETH 9/08/2006 4 JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, Husband and Wife, and MONIQUE N. UPDEGROVE ON BEHALF OF RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 06-4843 CIVIL TERM JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE PURSUANT TO PA. R. CIV. P. 404,405 I, Anthony T. McBeth, Esq., attorney for the Plaintiffs in the captioned action, hereby swear that I have served the Writ of Summons upon the Defendant in the captioned action by mailing a certified copy of same to her addressed as follows: Kathleen Berrigan, 722 '/Z Sunset Road, West Palm Beach, Florida, 33401. Said mailing was by first class mail, postage prepaid, certified, return receipt requested. Said mailing was effected on October 3, 2006. The return receipt, purportedly bearing the signature of Kathleen Berrigan, the Defendant, and showing a delivery date of October 11, 2006, is attached hereto, marked Exhibit "A" and incorporated herein by reference. a 6 SENDER- :corn ete Hems 1 and/or 2 for additional services. 1 also wish to receive the comp ms 3, 4a, and 4b. following services (for an o ¦ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ¦Attach this form to the front of the mailpiece, or on the back if space does not i 1. ? Addressee's Address 8 m perm t. rite-netum Receipt Requested-on the mailpiece below the article number. ¦W 2. ? Restricted Delivery j c ¦The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o 3. rtlcle Addressed to: 48. Article Number gf L m n K #1 ken &-6 01'l E c E o 9 ? 4b. Service Type ?.?{.. 22 Z ? Registered • , ?: ` rflfied m , ?? I -- 1/1XVI't W1 F A ? Express MaA , .; ?- • ? Itured ? Return Receipt for Merchandise ? COD 5 a V ?`"? IX1 33 0 7. Date o Slivery ? ., ra e I 1 O `o w 1 *. 5. Received By: (Plint Name) 8. Addressee's Address (Only if requested KATN L qty URRIr Arg and fee is paid) r g . 6. Signs re: (Addressee orAg t ~ a°. X a PS Form'3811, December 1994 1 Domestic Return Receipt EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN Sworn and subscribed before me this day of 2006. ?- (SEAL) O AWUBL My commissions expires: COWA 'MEALTH OF PENNSYLVANIA Notarial Sod Md3Sa S, W"S, Notary Pubis OyOfHNW M , Da *t*l C WA* My *MdBdM E)#=JUw 11.1 1 L%mber; PerxisA0 is A00CWM aNft t t`a ^? v d a .? _ --I , r IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R' C.P.1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Kathleen Berrigan, in the above-captioned matter and mark the docket accordingly. Date: June 25, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: dAe. MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Kathleen Berrigan r" IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the parry or attorney of record as follows: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Kathleen Berrigan C") g' cs= c ' rN) 1 M J , ... ,. J , F3 W^ IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, Husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant TO THE PROTHONOTARY: NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED P_ Please enter a Rule upon Joseph T. Updegrove and Monique N. Updegrove, husband and wife, and Monique N. Updegrove on behalf of Raiesa A. Miller, Minor, Plaintiffs, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: June 25, 2008 By: IMIL B. SC-CHEIB14FIR, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Kathleen Berrigan NOW, JLing X, , 200 _, RULE ISSUED AS ABOVE. Prot notary By: Deputy rw ?.;• . err ,, ??. ? ..? - ?- , ?-, -?? _?" -? Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, Husband and Wife, and MONIQUE N. UPDEGROVE ON BEHALF OF RAIESA A. MILLER,: MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-4843 CIVIL TERM : JURY TRIAL DEMANDED COUNSEL'S PETITION TO WITHDRAW FROM REPRESENTATION PURSUANT TO PENNSYLVANIA RULE OF PROFESSIONAL CONDUCT 1.16 1. The undersigned was retained by the Plaintiffs in 2004 for representation in the captioned matter. 2. Plaintiffs (excluding the minor Plaintiff) have made representation in the captioned case unreasonably difficult in that they have grossly mistated the value of the claim, when in fact the claim has little merit. 3. Additionally, it was represented to the undersigned in the Summer of 2007 that a certain substitute counsel wanted to assume this case, and the undersigned and purported substitute counsel agreed that Plaintiffs would pay a portion of a balance that they owe to the undersigned on another matter, in exchange for the undersigned withdrawing his appearance and purported substitute counsel entering his in the present case. 4. In approximately one year, Plaintiffs have not tendered the sum that they were purportedly going to tender for representation in the other matter; it appears clear to the undersigned that Plaintiffs have no intention of following through on their obligation, and it also appears that purported substitute counsel does not wish to follow through, either. Underthese circumstances, the undersigned finds it difficult to represent Plaintiff zealously in the captioned matter. 5. The undersigned has discussed this situation with Michael B. Scheib, Esquire, counsel for Defendant; Mr. Scheib has stated that he does not oppose the petition to withdraw, but hopes that the Court can coordinate matters such that either Plaintiffs or new counsel, as the case may be, remain under an obligation to file a complaint in that a rule to that effect has already been entered. 6. To the undersigned's knowledge, a Judge has not yet been assigned to this case. 7. For the reasons set forth above, the undersigned requests this Honorable Court to enter an order permitting him to withdraw from representation in the captioned case, pursuant to Rule of Professional Conduct 1.16. WHEREFORE, the undersigned requests this Honorable Court to enter an order permitting him to withdraw as counsel for the Plaintiffs, for the reasons set forth in this petition. 2 y /Ali 3 to ony T. McBet Esq. Attorney for the ai 'ffs 407 North Front t., Fi t Floor Harrisburg, PA (717) 238-3686 Supreme Court I.D. # 53729 VERIFICATION I, Anthony T. McBeth, am attorney for Plaintiffs in the captioned action. I am verifying the attached document in that I am more familiar with the facts described in the attached document. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). 3 08 Da Anthony T. McB , Esquire JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, Husband and Wife, and : MONIQUE N. UPDEGROVE ON BEHALF OF RAIESA A. MILLER,: MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-4843 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, hereby certify that I have served to persons listed below with the attached document, by first class mail, postage pre-paid, on the date indicated below: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Joseph T. & Monique N. Updegrove 342 North Second Street Wormleysburg, PA 17043 4Dt *thony T. Mc th, Esq. Attorney for PI in s 407 North Fro 1i t St. First Floor Harrisburg, PA 101 (717) 238-3686 Supreme Court I.D. # 53729 X-^ ANTHONY T. McBETH . ATTORNEY AT LAW 407 NORTH FRONT STREET CAMERON MANSION HARRISBURG, PA 17101 E-mail: atmlawl@verizon.net July 3, 2008 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Updegrove v. Berrigan, No. 06-4843 Civil Term PHONE (717) 238-3686 1-800-227-6916 (for 717 area) FAX (717) 238-3575 Ladies and Gentlemen: Enclosed for filing is my Petition to Withdraw from Representation. I have contemporaneous mailed a copy to Plaintiffs and to counsel for the Defendant, Mr. Scheib. We have also mailed a copy to the Court Administrator's Office. Thank you for your fine work. Please contact our office if you need anything further. ATM:msm Enclosures cc: Joseph T. & Monique N. Updegrove (with enclosure) Michael B. Scheib, Esquire (with enclosure) Court Administrator (with enclosure) JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, Husband and Wife, and MONIQUE N. UPDEGROVE ON BEHALF OF RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-4843 CIVIL TERM : JURY TRIAL DEMANDED RULE AND NOW, this t day of T !4 , 2008, upon consideration of Counsel's Petition to Withdraw from Representation Pursuant to Pennsylvania Rule of Professional Conduct 1. 16, a Rule is hereby issued upon the Plaintiffs and Defendant, to show cause why Counsel's Petition should not be granted. Rule returnable within 2-O days of s . L C d zfie-- sDr a G1' BY THE COURT: Distribution: .Anthony T. McBeth, Esquire, 407 North Front Street, Harrisburg, PA 17101 ? Michael B. Scheib, Esquire, Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, PA 17402 .Joseph T. & Monique N. Updegrove,342 North Second Street, Wormleysburg, PA 17043 120 l F s P-n a`t1 LL 81 :8 WV 91 Inn HE AUViONO il)Jd?ry3HI JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs NO. 06-4843 CIVIL TERM V. KATHLEEN BERRIGAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, KATHLEEN BERRIGAN, TO PLAINTIFFS' COUNSEL'S PETITION TO WITHDRAW FROM REPRESENTATION 1. Admitted upon information and belief. 2. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 2 of the Petition and strict proof thereof is demanded. 3. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 3 of the Petition and strict proof thereof is demanded. 4. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 4 of the Petition and strict proof thereof is demanded. 5. Admitted. By way of further answer, Plaintiff initiated this action by filing a Writ of Summons. On or about June 25, 2008, Defendants praeciped for a Rule to File a Complaint. On June 26, 2008, the Prothonotary issued the Rule for Plaintiffs to file a Complaint. A true and correct copy of the Rule to File a Complaint is attached hereto as Exhibit "A" and incorporated herein by reference. A Complaint has not been filed by Plaintiffs. Defendant requests that should the Court grant counsel's Petition, that the Court further direct that Plaintiffs have sixty (60) days from the date of the entry of the Order in which to file a Complaint. 6. Admitted. 7. No response required. WHEREFORE, Defendant does not oppose the request of counsel to withdraw from the matter, but requests that the Court direct as part of its Order that Plaintiffs have sixty (60) days from the date of the Order in which to file their Complaint. Date: , 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHA B. SCH B, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendant, Kathleen Berrigan 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs NO. 06-4843 CIVIL TERM V. KATHLEEN BERRIGAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of 2008, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy Response of Defendant, Kathleen Berrigan, to Plaintiffs' Counsel's Petition to Withdraw From Representation, by United States First-Class Mail, postage prepaid, addressed as follows: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 (Attorney for Plaintiffs) Joseph T. and Monique N. Updegrove 342 North Second Street Wormleysburg, PA 17043 GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS I By: j/M 9AU.ff MICHAEL B`-SCHEIB, ID' Supreme Court I.D. No. 63 110 South Northern Way York, PA 17402-3737 Telephone (717) 757-7602 Attorney for Defendant, Kathleen Berrigan t -?-d . -. AUG 0 6 2008 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs NO. 06-4843 CIVIL TERM V. KATHLEEN BERRIGAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this ?da of 2008, upon consideration of Y ? counsel's Petition to Withdraw from Representation, it is hereby ORDERED that Counsel's Petition is GRANTED. Furthermore, as Plaintiffs have been ruled to file a Complaint in this matter, their Complaint is due within sixty (60) days of the date of this Order. 70)/ Alwn Abb1oNFuH!08d ?o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and NO. 06-4843 CIVIL TERM MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs N7. CIVIL ACTION - LAW KATHLEEN BERRIGAN, Defendant JURY TRIAL DEMANDED TO: Joseph T. & Monique N. Updegrove and Monique N. Updegrove on Behalf of Raiesa A. Miller, Minor 342 North Second Street Wormleysburg, PA 17043 DATE OF NOTICE: October 10, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR CLAIMS AGAINST THE DEFENDANT. 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 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 SEA' FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A VAWYER. 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. Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 GRIFFITH, STRICKLER, LERIviAN. SOLYMOS & CALKINS By: DAVID E. COOK, ESQUIRE Supreme Court I.D. #78318 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this IO'l' day of October. 2008, I, David E. Cook, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Intention to Enter Default Judsrment by Certified Mail and United States Mail, addressed to the party or attorney of record as follows: Joseph T. & Monique N. Updegrove and Monique N. Updegyrove on Behalf of Raiesa A. Miller. Minor 342 North Second Street Wor ileysbur?u, PA 17043 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Bv: DAVID E. COOK, ESQUIRE Supreme Court I.D. #78318 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ( X ) Notice is hereby given that a Judgment of Non Pros in the above-captioned matter has been entered against you on 4 , 2008. ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: DAVID E. COOK, ESQUIRE I.D. 78318 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. Northern Way York, PA 17402 (717) 757-7602 Attorney for Defendant (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: Joseph T. Updegrove and Monique N. Updegrove, and Monique N. Updegrove on behalf of Raiesa A. Miller, Minor 342 North Second Street Wormleysburg, PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A. MILLER, MINOR, Plaintiffs NO. 06-4843 CIVIL TERM V. KATHLEEN BERRIGAN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTER JUDGMENT OF NON PROS against Plaintiffs, Joseph T. Updegrove and Monique N. Updegrove, husband and wife, and Monique N. Updegrove on behalf of Raiesa A. Miller, Minor, and in favor of Defendant, Kathleen Berrigan, in the above case as Plaintiffs failed to file a Complaint, pursuant to Pa.R.C.P. Rule 237.1, and Defendant's Rule issued June 26, 2008, which was served on Plaintiffs, and the August 8, 2008 Order with the Honorable J. Wesley Oler directing Plaintiffs to file a Complaint within sixty (60) days of the date of the Order. I hereby certify that the attached Notice is a true and correct copy of the original Notice of Intention to Enter Default Judgment of Non Pros that was mailed to the Plaintiff on the 10th day of October, 2008 pursuant to Pa.R.C.P. 237.1. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Attorney for Defendant DAVID E. COOK, ESQUIRE I.D. 78318 110 S. Northern Way York, PA 17402 (717) 757-7602 ?- t , 2008, Judgment of Non Pros entered by the Prothonotary this day according to the tenor of the above statement. Prothonotary ?f7 S Cl- r' LL C-i i. Ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T. UPDEGROVE and MONIQUE N. UPDEGROVE, husband and wife, and MONIQUE N. UPDEGROVE on behalf of RAIESA A MILLER, MINOR, Plaintiffs V. KATHLEEN BERRIGAN, Defendant NO. 06-4843 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERYICE AND NOW, this 23rd day of October, 2008, I, David E. Cook, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Judgment of Non Pros by United States Mail, addressed to the party or attorney of record as follows: Joseph T. & Monique N. Updegrove and Monique N. Updegrove on Behalf of Raiesa A. Miller, Minor 342 North Second Street Wormleysburg, PA 17043 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ?- Y DAVID E. COOK, ESQUIRE Supreme Court I.D. #78318 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 O e9 0 J?l N NOU-04-2008 16:44 P.02 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T- UPDEGROVE and NO. 06-4543 CIVIL "TERM MONIQUE N. UPDEGROVE. husband and wife, and MONIQUE N_ UPDEGROVE on behalf of R.AIESA A. MILLER. MINOR, Plaintiffs = CIVIL ACTION LAW KATHLEEN BERRIGAN, Defendant JURY TRIAL DEMANDFI) pg) I'O: Joseph'I'. & Monique N. Upde+rova and Monique N. t?I?de ro?'e C-1 ' z r Z on Behalf of Raiesa A. Miller, Minor rr -i rg - 342 North Second Street Wormleysburg, PA 1704; DATE OF NOTICE: October 10. 2003 - ? ? IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 'TO ENTER .A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN V,WRI-.I-ING WFTH THE COURT YOUR (J..AIMS AGAINS.1..I IiE DE;FENDAN'r. LiNI,.ESS YOU ACT %VfTI-IIN TEN DAYS FROM TIA ' DATE. OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST 1'OU wI f"HOL'T ,A IICARING AND YOU M:kY LOSE YOUR PROPERTY OR OTHER IMPORTANT IZIGIFTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF }"OI' DO NO_I, l:iA%'F A L.AWY)?R. GC) 'I'O OR I'EI,Ei'HONE 'I'Ii C)FI;ICE. SEI'FORT!-I BI:;1..()y?;. THIS ()FFIC'E CAN PR(,)t II7F YOU \VTT1-I INFORMATION ABOUT HIRING A ?.A1N } ,IL_ IF YOU CANNOT AFFORD TO HIRE: A LAWYER. TI{IS OFFICE MAY FEE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 'I'O > I_ICiIBI.E PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service ,,2 Soutl) Bedford Street Carlisle. PA 17013 1 7 ] 7) 249-3166 GRIFFI H. S T R1 K1.,F'.R, Lr.12MAN. SOLYNIOS & CAI,KINS few_ By? DAVID E. C00K, ESQVIKE Supreme Court I1), 975318 Attonicy for Defendant 110 South Northcrt) Way 1,-7) PA ]7402 (717) ;;7_?(,(l' NOV-04-2008 16:44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JOSEPH T. iJPDEGROVF and MONIQUE N, UPDEGROVE, lrr?sband and wife, and MONIQUE N. UPDT:GROVE on behalf of RAIESA A Mjl,,.LER. MINOR_ Plaintiffs V, KATHLEEN BERRIGAN, Defendant NO, 06-4843 CIVIL TERM CIVIL. ACTION - LAW J1iRN' TRIAL DEMANDED CERT[I~ICAT» OF SEI?j,'1CE P.03 AND NOW, this 1()", day of October. 2008, L David E. Cook. a metnber of the firm of GRIFFITH, STRICKLFR, LERMAN, SOLI MOS. & CALKINS, hereby certify that I have this elate served a copy of the Notice of Intcntion to Enter Default Judgment by Certified Mail and United States Mail, addressed to the panty or attorney of record as follows: Joseph T. &- Monique N. Updc?-=rove and Monique N. Upde4groti e on Behalf of Raiesa A. Miller, Minor 34? North Second Street W ornllcysbur`. PA 1704; GRIFFITH. STRIC'KLER. LERMAN. SOI,YMOS & CALKINS Bv: DAVID E, COOK. ESQI.JIRE Supreme Court I.D. 4478318 Attorney for Defendant 110 South Northern Way York. PA 17402 (717) 757-7003 TOTAL P.03 C7) {'' ?? l