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HomeMy WebLinkAbout03-1876 CivilCORY A. CORMANY, Plaintiff IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vo CIVIL ACTION - LAW TINA D. ADAMS, Defendant NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. OPINION and ORDER OF COURT OLER, J., May 19, 2004. For disposition in this civil case in which a pro se Plaintiff has sued his former wife~ are preliminary objections filed by Defendant to Plaintiff's complaint. The preliminary objections include an objection based upon improper service.2 Defendant's preliminary objections were argued before the above court en banc on April 21, 2004.3 For the reasons stated in this opinion, Defendant's preliminary objection based upon improper service of the complaint will be sustained, and the service will be set aside. STATEMENT OF FACTS Plaintiff is identified in his complaint as "an adult individual residing in Cumberland County, Pennsylvania.''4 Defendant is similarly identified in the complaint as "an adult individual residing in Cumberland County, Pennsylvania.''5 See Plaintiff's Complaint, para. 12. See Defendant's Preliminary Objections to Plaintiff's Complaint, para. 2; Pa. R.C.P. 1028(a)(1). Plaintiff neither filed a brief nor appeared for the argument. Plaintiff's Complaint, para. 1. Plaintiff's Complaint, para. 2. Plaintiff's complaint appears to be related to a failure of a McDonald's restaurant franchisee (for which his former wife worked) to employ him.6 Representative of the largely unintelligible allegations in the complaint are these: 8. To or about the month of April of the year 2001, the plaintiff did retain and service an employment application at the Ames Dept. Stores of Carlisle, the Old M.J. Mall location, foregoing a timely full-time employment. 9. Preceding the issues aforementioned statements, the Cormany, did achieve and described in the plaintiff, Cory A. retain employment opportunity at the McDonalds Co. of Carlisle, non faulted an expiry period, obligatory a minor child; (Alexandria Christine). 10. In or about the month of September of the year 2002, the plaintiff did sustain an employment application at the McDonalds Co. of Carlisle, argumentative several entailed locations, liberal a documentation. 12. Pursuant the foregoing business the defendant, Tina D. Adams, did divorce the plaintiff, Cory A. Cormany, allegorical an alcohol/driving issue; nonreliable a vehicle and a decree, and did marry a convicted narcotics offender, substantial an equal opportunity employer.7 Defendant indicates that Plaintiff s complaint was served by certified mail. 8 No sheriff s return appears in the record. DISCUSSION Under Pennsylvania Rule of Civil Procedure 400(a), as a general rule "original process shall be served within the Commonwealth only by the sheriff." As has been stated by the Pennsylvania Superior Court, "[r]egardless of whether See Plaintiff's Complaint, paras. 13-14. Plaintiff's Complaint, paras. 8-10, 12. Defendant's Preliminary Objections to Plaintiff's Complaint, para. 2. 2 the action is commenced by writ of summons or where, as here, the action is commenced by a complaint, service of process is essential to commencing the action. Proper service is a prerequisite to a court acquiring personal jurisdiction over a defendant." Ramsay v. Pierre, 822 A.2d 85, 89 (Pa. Super. 2003). Where service is improper, it may be set aside. Collins v. Park, 423 Pa. Super. 601, 621 A.2d 996 (1993). Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant s/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 3 4 CORY A. CORMANY, Plaintiff Vo TINA D. ADAMS, Defendant IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1876 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and for the reasons stated in the accompanying opinion, service upon Defendant is set aside, without prejudice to Defendant's right to timely pursue other appropriate preliminary objections in the event that Plaintiff causes Defendant to be subjected to personal jurisdiction of the court. BY THE COURT, Cory A. Cormany 1883 Douglas Drive Carlisle, PA 17013 Plaintiff, pro se Christian F. Rhodes, Esq. Susquehanna Commerce Center East 221 W. Philadelphia Street Suite E600 York, PA 17404 Attorney for Defendant J. Wesley Oler, Jr., J.