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HomeMy WebLinkAbout06-5484F?r -S Edward E. Knauss, W, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff BRYAN R. NESTER, Plaintiff Address: 10 Gordon Drive Carlisle, Pa 17013 vs. CLINT K. SMITH, Jr. Address: SCI Greene 175 Progress Drive Waynesburg, Pa 15370 Inmate #EQ3933 Greene County and RITNER HIGHWAY, INC.; WEST END TAVERN; WEST END CAFE; Address: 1590 Ritner Highway Carlisle, Pa 17013 and GEORGE J. MALLIOS and TESSIE MALLIOS; Address: 312 West Meadow Drive Mechanicsburg, Pa 17055 and RITNER HIGHWAY, INC., GEORGE J. MALLIOS and TESSIE MALLIOS t/d/b/a WEST END CAA and t/d/b/a WEST END TAVERN Address: 312 West Meadow Drive Mechanicsburg, Pa 17055 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. C>` - CIVIL ACTION LAW JURY TRIAL DEMANDED 363255-1 1t N PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above action against the above Defendants. The Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff for service on the Defendants Ritner Highway, Inc.; West End Tavern; West End Cafe; George J. Mallios; Tessie Mallios; and Ritner Highway, Inc., George J. Mallios and Tessie Mallios, t/d/b/a West End Cafe and t/d/b/a West End Tavern. The Cumberland County Sheriff shall deputize the Greene County Sheriff for service on Defendant Smith. Metzger Wickersham, Knauss & Erb, P.C. Edward E. Knauss, IV, Esquire 3211 North Front Street Harrisburg, Pennsylvania 17112 (717) 238-8187 Signature of Attorney Supreme Court ID NO.: 19199 Date: September 18, 2006 363255-1 2 "?D Co ?w N C= Cif cr% ,F ?% e ;gi Edward E. Knauss, W, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff BRYAN R. NESTER, Plaintiff Address: 10 Gordon Drive Carlisle, Pa 17013 vs. CLINT K. SMITH, Jr. Address: SCI Greene 175 Progress Drive Waynesburg, Pa 15370 Inmate #EQ3933 Greene County and RITNER HIGHWAY, INC.; WEST END TAVERN; WEST END CAFE; Address: 1590 Ritner Highway Carlisle, Pa 17013 and GEORGE J. MALLIOS and TESSIE MALLIOS; Address: 312 West Meadow Drive Mechanicsburg, Pa 17055 and RITNER HIGHWAY, INC., GEORGE J. MALLIOS and TESSIE MALLIOS t/d/b/a WEST END CAA and t/d/b/a WEST END TAVERN Address: 312 West Meadow Drive Mechanicsburg, Pa 17055 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. L CTS' CIVIL ACTION LAW JURY TRIAL DEMANDED 363255-1 it y WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED AGAINST YOU. Date: 19, ZooC, _??,_A, 363255-1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR 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: SMITH CLINT K JR but was unable to locate Him deputized the sheriff of GREENE in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 3rd , 2006 , this office was in receipt of the attached return from GREENE Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Greene County 39.00 Sheriff of Cumberland County Postage 1.02 7 7. 0 2 10/03/2006 ( 0? METZGER WICKERSHAM Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Bryan R. Nestor VS. Clint K. Smith Jr. et al SERVE: Clint K. Smith Jr No. 06-5484 civil Now, September 22, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Greene 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 dap Of 0l I ,!l cZ d,?2609Z + i h 1 20 , at o'clock M. served the copy of the original COSTS SERVICE MILEAGE AFFIDAVIT County, PA $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ) No. 06-5484 Civil Action COUNTY OF GREENE ) Writ of Summons TO THE HONORABLE JUDGE WITHIN NAMED: On the 27th day of September, 2006, at 1:55 P.M., John H. Riley, Deputy Sheriff for RICHARD C. KETCHEM, Sheriff of Greene County, Pennsylvania, personally served the Defendant, EQ3933 Clint K. Smith, Jr., at S.C.I. Greene, 175 Progress Drive, Waynesburg, PA 15370, with a true and correct copy of the Writ of Summons, No. 06- 5484 Civil Term. Sworn to and subscribed before me this 29th day of September, 2006. J 1- lies`: w4lI - PROTHONOTARY My commission expires on the first Monday of January, 2008. Sheriff's Fees $34.00 Prothy 5.00 Total Fees $39.00 Paid by the Cumberland County Sheriff's Office. So answers, John H. Riley, Deputy Sheriff ` ?d set h, RICHARD C. KETCHEM, SHERIFF OF GREENE COUNTY, PENNSYLVANIA SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RITNER HIGHWAY INC the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 20.40,/ 10/03/2006 -'? oL 0" - METZGER WICKERS _0_ f? Sworn and Subscibed to By iJ before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS WEST END TAVERN DEFENDANT the at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00./ 10/03/2006 4- l? f a? f o4 METZGER WICKERSHAM rte,.. Sworn and Subscibed to By- - ;;,7 before me this day eputy e iff was served upon of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK 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 END CAFE DEFENDANT the at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 %/? Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00;/ 10/03/2006 l i'0G /D L METZGER WICKERSHAM Sworn and Subscibed to By: before me this day Deputy Sh iff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS MALLIOS GEORGE J was served upon the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 16.00,/ 10/03/2006 1110&104. 4.- METZGER WICKERSHAM Sworn and Subscibed to By: before me this day eputy Sher ff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MALLIOS TESSIE the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 10/03/2006 ill o?.?aG METZGER WICKERSHAM z Sworn and Subscibed to By: Z4?? before me this day - Deputy h iff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RITNER HIGHWAY INC the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 ? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 / 10/03/2006 METZGER WICKERSHAM Sworn and Subscibed to By: before me this day puty She if of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MALLIOS GEORGE J TDBA WEST END CAFE AND TDBA WEST END TAVERN the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 10/03/2006 METZGER WICKERSHAM Sworn and Subscibed to By before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05484 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NESTER BRYAN R VS SMITH CLINT K JR ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MALLIOS TESSIE TDBA WEST END CAFE AND TDBA WEST END TAVERN the DEFENDANT , at 1751:00 HOURS, on the 28th day of September, 2006 at 1590 RITNER HIGHWAY CARLISLE, PA 17013 by handing to HILLARY AUKER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 10/03/2006 plo416(4 4- METZGER WICKERSHAM Sworn and Subscibed to By: , before me this day Deputy Sk-e-r-Iff of A. D. Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Attorney for Plaintiff BRYAN R. NESTER, Plaintiff vs. CLINT K. SMITH, Jr. and RITNER HIGHWAY, INC.; WEST END TAVERN; WEST END CAFE; and GEORGE J. MALLIOS and TESSIE MALLIOS; and RITNER HIGHWAY, INC., GEORGE J. MALLIOS and TESSIE MALLIOS t/d/b/a WEST END CAFE and t/d/b/a WEST END TAVERN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-05484 CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGE WICKS SHAM, KNAUSS & ERB, P.C. By Edward E. Knauss, IV, Esquire I.D. No. 19199 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street Harrisburg, Pa 17110 (717) 238-8187 Date: 7 / c / Attorney for Plaintiff 379613-1 C cc C f f yz ; ITI . .. i