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Home My WebLink About01-03217 -, :-" , ).,~, '^' ~ ""'" ,,_.;.. c".. ' C'''", ".' ~ - ',--' <~',: IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA COLLIE RESCUE OF CENTRAL PA,INC. Plaintiff, NO.2001-SU-3217-CIVIL CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, lIusband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendants. MOTION FOR PROTECTIVE ORDER UNDER PA. RC.P. NO. 4012(a) AND NOW, July 16, 2001, George Ferree, Susan Ferree, Tanuny Behrens, Carol Wagner and Grace Gilbert, Defendants in the above-captioned proceeding, whose depositions have been noticed for July 31, 2001, move the Court for a Protective Order under Pa. RC.P. 4012(a). The relief demanded is as follows: 1. That depositions for the purpose of filing a Complaint be prohibited or, alternatively; 2. That depositions be limited to issues not already referred to the Office of Attorney General and/or the IRS; and 3. That the Plaintiff be required to file a Complaint stating a cause of action. In support of this Motion, the following reasons are assigned: "~' ~ ',;j, ' - ""' '",~ """,co,' "'j_ _, ',""'J'",.'_" ":~,, J..-i.-,! , " j Background 4. Several of the above-captioned Defendants were formerly associated with Collie Rescue of Central Pa., Inc., an organization believed to be a nonprofit organization. In such capacity the Defendants were unpaid volunteers to such organization. 5. During the year 2000, one or more of the Defendants resigned from the Plaintiffs organization and formed a new nonprofit organization known as Susquehanna Valley Collie & Sheltie Rescue. 6. Since their resignation and the formation of their own nonprofit organization, which has a similar purpose, the Director of Collie Rescue of Central Pa. has been on a personal vendetta to cause the Defendants umeasonable annoyance, embarrassment, oppression, burden and expense. 7. In support of this accusation, and attached hereto and marked as Exhibit A, is a letter from Plaintiffs Counsel directed to the President of Susquehanna Valley Collie & Sheltie Rescue (hereinafter "SVCSR"), which includes various accusations and allegations. 8. The Defendants responded to each of the allegations in the June 16, 2000 letter from Attorney Emery by June 19,2000. The allegations in Mr. Emery's letter are substantially similar to the areas to be covered in the Notice of Deposition (copy enclosed) noticed by Attorney John M. Ogden. 9. By August 23,2000, the President ofSVCSR then received correspondence from the Bureall of Charitable Organizations Special Investigation Unit (Exhibit B attached hereto) wherein allegations were made that that organization was soliciting funds on behalf of the Plaintiff without written permission, 2 . --'",--, ""',,,",-, ,,'," '"",[,,,:i;,," ,~ "'-'~,i . I 10. By January 16, 2001, this matter was referred to the Office of Attorney General, and not only was Susan Ferree named as a Defendant in this action, but also SVCSR was sent a letter from the Office of Attorney General which accused SVCSR of conducting solicitations without registration. 11. It is believed that these investigations were conducted solely as a result of accusations made by the President (Thorn Lewis) of the Plaintiff. 12. By March 15, 2001, the Office of Attorney General had completed its review and concluded that no enforcement is warranted (Exhibit C attached hereto). 13. Not being satisfied with the havoc caused by his unsubstantiated accusations, the Plaintiff (through its President, Thorn Lewis), then contacted the Internal Revenue Service in an effort to jeopardize SVCSR's request for exempt status under IRC Section 501(c)(3). 14. In support thereof, enclosed is Exhibit D, the organization's response to the Internal Revenue Service who had requested an inordinate amount of information solely because of accusations made. 15. The Court's attention is directed to IRS response #2 where the Internal Revenue Service indicated: "We have information that a criminal complaint has been filed against one or more members of the officers of your organization." Furthermore, in response #3, the IRS stated: "We have information that one or more of the officers of your organization were removed as volunteers of Collie Rescue of Central Pa., due to misrepresentation and misuse of the organization's name and property." 16. Again, this was responded to by SCVSR. In IRS request #4, the Internal Revenue Service stated: "We have information that Susan Ferree has been collecting animals by 3 '~ '^ ~-- ',"'-^ ,,".. :'_ ,J," "^"__,',,,,^',;"'-;;',;C.^';..,;. ,-;,~'t. , misrepresenting herself as Collie Rescue of Central Pa., Inc. and reselling them under the name of Susquehanna Valley Collie & Sheltie Rescue." 17. In IRS response #7, the Internal Revenue Service indicated: "We have information that Susan Ferree requested potential donors to make donations in her name." 18. All the information (misinformation) supplied to investigatory divisions of either the Office of the Attorney General, which resulted in unwarranted investigations, was supplied by the Plaintiff. 19. Plaintiff had sufficient information to make baseless accusations to these entities , they have sufficient information to file a complaint without the need to take pre-complaint depositions intended solely to harass the Defendants. 20. The Plaintiff, through its officers, directors or agents, has continually harassed the Defendants in their effort to pursue their mission as unpaid volunteers at SVCSR. When all other efforts failed, to wit: threats of Counsel, false reports to Bureau of Charitable Organization, false reports to the Office of Attorney General, false reports to the Internal Revenue Service, they now want to further burden the Defendants by causing them to give depositions in a case where all of the issues raised in the Notice of Deposition have either been referred to a governmental body, whom after investigation found that no further action was warranted and any information to be derived from the proposed depositions is well within the control of the Plaintiff. WHEREFORE, Defendants request that this Honorable Court prohibit depositions for the purpose of filing a complaint because all information to be gathered therefrom is already in the control of Plaintiff or it does not exist. In the alternative, Defendants request that this Court limit 4 -~ ,~ ''', :;;>~:,/" ,,;,';J~;';"':",', i "c- '~> the depositions to issues not previously referred to investigative bodies such as the Internal Revenue Service or the Office of Attorney General and, if depositions are allowed to proceed prior to the filing of a complaint, that any depositions be conducted in Harrisburg, ohn D. Sheridan, Esquire Pa. Supreme Court ID# 82275 SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Defendants Dated: July 19, 2001 5 ^ ,"'. -~ , - .~:~,~ ,- ',' 0,"',' " ' ",-~1 :;'",,,"' ~";, , -;";,,.5;~i VERIFICATION I, Susan Ferree, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are made subject to the penalties ofPa. C.S. S 4904 relating to unsworn falsifications to authorities. Dated: ,1-( 8'- 0 I ~ :(PM<<- LStrsan Ferree 6 =' -'h .1__ - ,',-.--~, " -- .' ,', - ~'" ''''''''-".i__' ,~ ,-,',,",, ":"! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL P A, INC. Plaintiff, NO.2001-SU-3217-CIVIL CNIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. NOTICE OF DEPOSITION TO: GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT Please take notice that Attorney John M. Ogden, will take the deposition of GEORGE FERREE, SUSAN FERREE, TAMMY BEHRENS, CAROL WAGN'ER AND GRACE GILBERT on the 31 sl Day of July, 2001, at the Law Offices of Holt & Ogden, 34 North Queen Market Street, York, PA 17403, beginning at 10:00 o'clock a.m., as authorized under the Pennsylvania Rules of Civil Procedure for the purpose of discovery, more specifically authorized without leave of court under Pa.R.c.P. 4007.1. A notary public or some other officer authorized by law to administer oaths will be present. The deposition may continue from day today, 1 -," ~"~' ~,' ~,~ '''' - '" .' ~-- '" '0;':21 but is expected to conclude before noon. This deposition is being held for the purposes of the filing of a complaint against the aforementioned persons. Under Pa.R.C.P. 4007.l(c), the following areas are to be inquired at the deposition: 1. Whether any of the parties were at one time a member of, or affiliated with Collie Rescue of Central P A, Inc. 2. Whether any of the parties hereto ever impersonated an Officer of Collie Rescue of Central P A, for the purpose of accepting donations in the form of cash, picking-up dogs, food donations, etc. 3. The effective date that the Susquehanna Valley Collie & Sheltie Rescue has been in operation, incorporated and a 50 1 (c)(3)tax exempt organization, if applicable. 4. The extend to which donations meant for Collie Rescue ofPA, Inc., were intercepted by the above named Defendants and funneled to Susquehanna Valley Collie & Sheitie Rescue, and the dates that the donations were diverted. 5. The extent to which Susan FERREE has represented herself as being an Officer or member of Collie Rescue of Central P A., Inc" and more specifically has taken a dog from Eastern Shore Shelter under the auspices of being a part of the Collie Rescue of Central PA, Inc. 2 JLl '~, ~~ ~,: .> I 6. The knowledge of, and extent to which cards were manufactured or ordered to be manufactured using the name and logo of Collie Rescue of Central P A, Inc. without the corporations knowledge or consent, and the extent to which these cards were used to divert donations away from Collie Rescue of Central PA, Inc. 7. The extent to which dogs were acquired using the name and! or likeness of Collie Rescue of Central PA, Inc. and then taken by the Susquehanna Valley Collie & Sheltie Rescue, and the extent to which those dogs were sold or disposed of in any manner whatsoever. 8. Any and all donations which were intended for the Collie Rescue of Central P A, Inc. but were diverted by the above named Defendant, or others in their charge. 9. The extent to which the Defendant represented to donors that the telephone number for Collie Rescue of Central PA, Inc. was changed to Susan FERREE's telephone number or to some other telephone number without the corporations, knowledge, under consent or approval. 10. The extent to which application forms of Collie Rescue of Central P A, Inc., were altered or amended without the knowledge or consent of the corporation to reflect a telephone number other than that of the corporation. 3 "r i "' ;, '" ",' 'J' ,~"'" ~,,,,,,,,-,-,-,,,-.,,,,,,,,"" ' ,~ ,~, :i 11. The whereabouts of a dog picked-up by Susan FERREE on October 27, 1999, representing herself as a representative of the Collie Rescue of Central P A, Inc. from the Humane Society of Harrisburg, Inc., Eastern Shore Shelter. 12. Who would have advised Wetland owner, Port Dare, that the telephone number for Collie Rescue of Central P A, Inc. had been changed on May 22, 2000 to 717-761-6110. Whose number the 717-761-6110 belongs to. Further, under Pa.R.C.P. 4007.1 (d)(l), the Plaintiff requests thatthe Defendants bring the following documents to the deposition: A. A complete and true copy of the Articles ofIncorporation, By-Laws and any amendments for any organizations or corporations that the Defendants are a member of, an officer or director in, or employed by whose mission is, in whole or part, to protect, defend, place or save or offer treatment to dogs, even if that specific mission is not expressly stated in the Articles ofIncorporation or partnership agreement or LLC or LLP certificates. B. Copies of aI1Y and all business cards, posters, adoption applications or letters bearing the name Collie Rescue of Central P A, Inc. which is in the possession of any of the Defendants. C. Records of any and all dogs which have been taken-in or collected by any of the Defendants and records which show where the dogs have been placed 4 "n" L , ~ "'.' '-- ""' ''" , " '~,' ~"""~Is',l,""l:, or the disposition of the dogs after they left the control or pos&ession of any of the Defendants or of the Susquehanna Valley Collie & Sheltie Rescue, including any and all adoption records and any and all state forms which were submitted to the Commonwealth of Pennsylvania, such as 990 forms. D. Records of any and all donations to the Collie Rescue of Central P A, Inc., which were diverted to anyone other than that corporation, or to the Susquehanna Valley Collie & Sheltie Rescue from January 1, 1999 to the present time, by the Defendants. E. Records of all correspondence from the Defendants to anyone where the Defendants represented themselves, collectively or individually, as members or officers or directors or agents of the Collie Rescue of Central PA, Inc., F. Any and all records of any dogs being picked-up from the Eastern Shore Shelter underthe representation that the dog was being picked-up by, or taken to the Collie Rescue of Central P A, Inc. The depositions will proceed as follows: 10:00 o'clock a.m. GEORGE FERREE 10:30 o'clock a.m. SUSAN FERREE 11:00 o'clock a.m. TAMMY BEHRENS 11:30 o'clock a.m. CAROL WAGNER 5 12:00 o'clock a.m. GRACE GILBERT Prevailing time. \ \0'\ DATED: L9Y ,," -"-",.', ~~.' ..." '~, , ,~~~" ""'"'.;,,,,1.' [' ~,,;; -, ',,"'''ckt'~~ HOLT & OGDEN, LLP BY: J 34 Queen Street York, PA 17403 (717) 846-0550 6 ,,',, ~.""w ,""'1 -- ",' "~, .,'J-<~" "'"';", ~ - '.'- '':'' ':r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC., NO. 2001-SU-3217 - CIVIL Plaintiff, CIVIL ACTION - LAW vs. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendants. CERTIFICATE OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of a NOTICE OF DEPOSITION through the U.S. Postal Service, postage pre-paid, which satisfies the requirements of Pa.R.C.P. 440, to the following address: GEORGE FERREE & SUSAN FERREE 7 OAK STREET ENOL A, PA 17025 TAMMY BEHRENS 9 OAK DRIVE ENOL A, PA 17025 CAROL WAGNER 3236 VALLEY ROAD MARYSVILLE, PA 17053 GRACE GILBERT 21 FRISCH DRIVE DUNCANNON, PA 17020 DATED:' \-).0\ BY' . gden, Esquire 34 North Queen Street York, PA 17403 (717) 846-0550 .,"^, "'"' w,"'"' ""- '", ~,' - " ~.-i,~ . '-,' FENSTERMACHER AND ASSOCIATES, P.C. ATTORNEYS AND COUNSELORS AT LAW TIlE JOIIM ~upp /IOUCE MARK K. EMERY, ESQUIRE DIRECT DIAL (717) 691~5439 June 16, 2000 VIA CERTIFIED MAIL Z 089 202 490 Susan Ferree 7 Oak Avenue Enola, PA 17025 RE: Collie Rescue of Central Pennsylvania, Inc. Dear Ms. Ferree: This office represents Collie Re.scue of Central Pennsylvania, Inc. It has come to our attention that you have engaged in certain actions outlined below which, if continued, will necessitate filing suit against you. This correspondence shall act as formal notice and d~mand that you immediately cease these actions. . .. First, you are to immediately cease and desist from any use of the name Collie Rescue of Central Pennsylvania, Inc. It appears you are continuing to utilize published materials identifying Collie Rescue with your personal phone number and e-mail address. As you will recall, you improperly advertised your phone number and e-mail address as that belonging to Collie Rescue. This was done without the authorization of Collie Rescue and, in fact, you were specifically told on more than one occasion to refrain from listing your personal information on Collie Rescue materials, You were in no way authorized to act on behalf of Collie Rescue, as you were a volunteer, nothing more. Any contact by third parties under their belief that you are affiliated with Collie Rescue should be referred to Collie Rescue. It is well documented that you misrepresented yourself as being a director or officer of Collie Rescue. It is demanded that you immediately cease and desist from any misrepresentation of involvement, control or connection with Collie Rescue. KARRISBURG OFFICE 108 UNCOLN STREET j--iARRISBURG, PA 17112 {117) 545-8610 THE JONAS RUP? HOUSE 5115 EAST TRlNDLE ROAD MECHANICSBURG, PENNSYLVANIA 17055 (7171 691-5400 FAX (717) 691-5441 OCEAN CI1Y OfFICE 26 BAY AVENUE. OCEAN ern: NJ 08226 (609) 391~9461 ~~ ", ,=--- < ' ,~" 'h_ ~,'~'''' '_ ",.' 'L,;.. i--,; _".1. ' c~" ':~:;'i,''',,:j Susan Ferree Page 2 June 16, 2000 Second, you are advised to immediately cease and desist in making disparaging remarks about Collie Rescue and Thom Lewis. This includes, but is in no way limited to, comments made to current or past volunteers of Collie Rescue. This also includes immediately ceasing making false statements about volunteers being removed from the Collie Rescue mailing list. Should you fail to do so, we will institute litigation against you. I also wish to stress that should you attempt to harass Collie Rescue by making accusations about it or its officers or directors to any administrative agency, we will pursue every possible remedy against you, Third, you are to immediately cease using any mailing lists which you misappropriated from Collie Rescue, or any forms, such as applications, which you also misappropriated from Collie Rescue. These materials are proprietary to Collie Rescueiand you have no authority to utilize their materials. Should you fail t6 do so, we will initiate litig~tjon against you. ; '1",' , Fourth, you are advised to immediately cease and desist from accepting donations meant for Collie Rescue. We are aware of at least one incident where you obtained supplies meant for Collie Rescue from a local pet store, As you are well aware, you retained those supplies. Should you continue to do so, Collie Rescue will explore both civil and criminal remedies. It is unfortunate that you chose these actions, which simply prohibit what it would appear is everyone's goal, that being the care and welfare of the animals. I stress again that these matters are taken very seriously by Collie Rescue, and will no longer be accepted. The matters I have addressed are well documented, and therefore this is not open to debate. You, or anyone acting on your behalf, are to have no further communication with Collie Rescue, the officers or directors. Any communication should be directed to my office. Please be guided accordingly. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: #~ / Mark K. Emery crs cc: Thom Lewis ", "" -" "' ""--',-oj,.,, ..1 ,-,c;,~c,. ~:,~ c ,', ' . , " ";~";~j June 19,2000 Marl< K. Emery, Esquire Fenstermacher and Associates, P.C. 5115 East Trindle Road Mechanicsburg, PA 17055 RE: Collie Rescue of Central Pa., Inc. Dear Mr. Emery: I am in receipt of your letter dated June 16, 2000 regarding several issues and your formal notice and demand to cease these actions. First, I have not used nor do I continue to use the above referenced name or published materials. I do, however, use materials obtainedJrom a horse rescue which were given to us to adapt and use for Susquehanna Valley CoUie~SheJtje Rescue. I have no need for Collie Rescue of Central Pa., loe.'s materials since I am no Iqnger a volunteer with the Collie ResCtkof: pentral Pa., Inc. I have not used orwill use any documents or mailing materials from that CollieR'escue. Please produce samples of my misappropriation since my departure from the Collie Rescue of Central Pa., Inc., I will welcome them for reviewafld comment The personal phone number is just that, our personal phone number. It has always been listed under George B. Ferree. We initially took a second phone line in our home since the Collie Rescue of Central Pa, Inc. nor Mr. Lewis could pay the telephone charges accrued on the rescue's designatedtelephonenumber(717-795- 9611} which had been disconnected. The emailaddress you refer to was basi<?illyused as communication between volunteers. The Rescue's web page designated an.~maiillddress specifically for contacting the rescue. Any calls, donations, or questions for Collie'Rescue of Central Pa., Inc., have been referred to Mr. Lewis since my departure. As an example, I reference a recent call from Petland's manager, Jim, which was referred to Mr. Lewis' home telephone number. As far as misrepresenting myself as the director or an officer of the rescue, please provide this documented information as I am at a loss as to the nature of these comments. The only thing I represented myself as while volunteering for this Rescue was Adoption and Foster Home Coordinator which is what I was (attachment highlighted). As for my making false statements conceming volunteers being removed from the mailing list, any statement I am accused of making would not have been false, just fact! I am attaching an email in which Mr. Lewis directs me to remove a name from the weekly status updates who was an active volunteer. Since my departure from this Rescue, I have not and will not accept anything on behalf of the Collie Rescue of Central Pa, Inc. I was not aware that I did retain anything belonging to the Collie Rescue of Central Pa., Inc. I personally delivered several bags of Nature's Recipe dog food, canine treats and biscuits, all the folders, correspondence, and a CD of photos taken with our personal digital camera, of each Rescue collie, Rescue events, and various other occasions. I spoke with Mr. Lewis shortly after delivering all the items to his home and he did not seem to be missing anything at that time. RESPONSE TO EXEIBIT A " ~ " ,', ".>,. ," "-' -"'" ~" '""",,~~, . June 19, 2000 Page Two At this time I would like to remind Mr. Lewis about my participation in the Collie Rescue of Central Pa., Inc. My husband nor I have NEVER asked for reimbursement for gasoline used, mileage driven, paper supplies utilized for printing and mailing purposes, postage stamps, computer supplies, two classified newspaper advertisements, flea preventative medicines applied to Rescue collies, or damages to our home caused by Rescue collies. We knew the Rescue had limited funds and we were happy to do this as volunteers. We did submit one receipt for personal reimbursement from the Collie Rescue of Central Pa., Inc. for toll calls (for one month only) and two receipts for veterinarian care for rescue collies (five poodle/collies' first check up and immunizations and the other vet visit for a wonn check up for "Bear" and dental cleaning for "Smokey"). Mr. Lewis was either out of town or getting ready to go out of town and gave his approval for the two veterinarian visits. On several occasions during Mr. Lewis' extensive travel for the purpose of his tour, my husband and I were asked for assistance by Mr. Lewis to either check, feed, or exercise his pets. On one occasion, Mr. Lewis had asked us to keep one of his pets for an extended period of time. NOT ONCE did we decline his requests to do any of these things. This was done as a personal favor, not as only a volunteer. If Mr. Lewis was unhappy with any services or actions we provided to him or on behalf of the Collie Rescue of Central Pa., Inc., he never stated those feelings to us or anyone to our knowledge. In closing, I would like to state that I believe Mr. Lewis is just upset because we have decided to start the Susquehanna Valley Collie & Sheltie Rescue. There is no reason that more than one rescue cannot exist All it means is that more dogs will be saved and that is what it is all about ~~ cc: Mr. Thom Lewis attachment ~ ,. , . "" " ~",,,, ". "';"" ,,""- ,i"~~, , COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE OFFICE OF THE SECRETARY OF THE COMMONWEALTH BUREAU OF CHARITABLE ORGANIZATIONS SPECIAL INVESTIGATIONS UNIT P.O. BOX 8723 HARRISBURG. PA 17105 717-787-0700 1.800-732-0999 (within PAl August23,2000 CEH1IFIE.U MAIL 7099 3400 OU02 20Y5 3551 RETURN RECIEPT REQUESTED Ms. Susan Ferree 7 Oak Lane Enola, Pa 17025 Dear Ms. Ferree: The Bureau has received an allegation that you are soliciting contributions on behalf of Collie Rescue of Central Pennsylvania without the organization's written permission as required by Section 15 (3) ofthe Pennsylvania Solicitation of Funds Act, 10 P .5. ~ 162.15 (3). Consequently, please contact me at your earliest convenience so I can schedule a meeting with you to discuss this allegation in greater detail. I can be reached at (717) 787-0700. IS::a~ Doreen A, Harr Special Investigator 1 . ,-,,,~,' ~ <~, ,I", , ' '~: (,~ , ,,~, " '-' "^'''i'd COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL MIKE FISHER ATTORNEY GENERAL January 16, 2001 Charitable Trusts and Organizations Section 14th FIr., Strawberry Sq. Harrisburg, PA 17120 Telephone: (717) 783-2853 Facsimile: (717) 787-1190 CERTIFIED MAil RETURN RECEIPT REOUESTED Susan Ferree 7 Oak Ave. Enola, PA 17025 Re: Solicitation of Funds for Charitable Purposes Act! Information Request Dear Ms. Ferree: It has come to the attention of this office that Susquehanna Valley Collie & Sheltie Rescue (SVCSR) may be conducting solicitations in Pennsylvania in violation of the Solicitation of Funds for Charitable Purposes Act, Act of December 19,1990, P.L. 1200, as amended, 10 P.S. 99162.1 - 162.24 (Act). The Act requires that charitable organizations soliciting funds in Pennsylvania register with the Department of State, Bureau of Charitable Organizations (Bureau). Section 5(a) of the Act states that "[n]o charitable organization shall solicit contributions or have contributions solicited in its behalf before approval of its registration statement. ..." 10 P.S. 9162.5(a). (Emphasis added). If your organization is currently registered with the Bureau, please provide a copy of the registration documents. The Act provides that some entities may be excluded or exempted from its registration requirements. If your organization has received a determination of exemption or exclusion or if you feel that your organization is entitled to such an exemption or exclusion, please provide a copy of the determination or state, in writing, the basis of your claim. -- < - ~ --- ,,"<i,;,h<~~.'<o", -'~' ,",;l~ <' ,-' "";,-,",~,, ",<' , ;.,;~ ,'~ ',"" ""'1:fJJ.J,: Susan Ferree january 16, 2001 Page 2 The Bureau is responsible for the registration process. You may obtain information or request registration forms by writing or calling the following: Department of State Bureau of Charitable Organizations P.O. Box 8723 Harrisburg, PA 17105 (717) 783-1720 In addition, the Act requires registration of any telemarketing firms contacting Pennsylvania residents on your behalf. These firms must register as a professional solicitor and otherwise comply with the Act. This office received information that SVCSR may be operating in violation of the Act's provisions. In order to better evaluate the merit of these allegations and determine what action, if any, may be appropriate, it is necessary that we obtain additional information regarding SVCSR's activities. Accordingly, pursuant to our authority under Section 12 of the Act, 10 P.S. 9162.12, you must submit to this office the following records or information for inspection: (If you believe any requested information does not apply to SVCSR, please state so in writing with an explanation of why the request does not apply.) 1. Exemplary copies of bylaws, articles of incorporation and minutes of board of directors' meetings for the period january 1, 1998, to the present. 2. Complete and accurate list of all officers, directors, trustees, employees and volunteers for your organization, to include full name, address, title, date of employment/service and termination (if applicable) and contact phone number for the period january 1, 1998, to the present. 3. Describe, in detail, any methods by which your organization solicits contributions from Pennsylvania residents or by which contributions are solicited by another on your behalf. 4. Describe, in detail, any contests, sweepstakes, promotions, product sales or any other events or campaigns which directly or indirectly benefit your organization or which utilize the name SVCSR or any variation of SVCSR. :rt -'-- "~ '~.;-;~ " '-, """'f~ . Susan Ferree January 16, 2001 Page 3 5. Identify any person, business or other entity which is compensated, directly or indirectly, to plan, manage, advise, consult or prepare materials for or with respect to solicitations for your organization or which is or was authorized to conduct or solicit contributions on SVCSR's behalf. 6. Identify any person, business or other entity which promotes, plans, conducts or manages any contests, sweepstakes, sales promotions or other programs which directly or indirectly benefit your organization for the period January 1, 1998, to the present. 7. Provide complete and accurate copies of any contracts or other written agreements or correspondence with any person, business or entity identified in items #5 or #6. In the absence of any written contract or agreement, state the terms of your verbal agreement or other arrangement with any such person or entity. 8. Provide complete and accurate copies of any Internal Revenue Service (IRS) determination letter of tax-exempt status or any notice of refusal or denial of tax-exempt status, and a copy of IRS Form 1023, Application for Recognition of Exemption under Section 501 (c)(3) of the IRS Code, for your organization. If SVCSR has no such determination or has made no request for such a determination, state so, in writing. 9. Complete and accurate copies of any written materials utilized as part of any solicitation in Pennsylvania on your behalf, or any contests, sweepstakes or sales promotions to benefit your organization, including, but not limited to, invoices, receipts, posters, letters, brochures, telephone scripts, etc. Please include any related documents reflecting any review, modification and/or approval of any provided materials. 10. Complete and accurate copies of any reports, settlements or other documents which evidence revenues or contributions collected to benefit your organization and/or expenses incurred. 11. Identify each location from which solicitations, contests, sweepstakes, sales promotions or other activities to benefit your organization are / were conducted, to include (If none, state so in writing): a. complete street, city and state address; b. complete name of the person or entity leasing or renting the fad Iity; " ,,~ , c,,' L, ,~', ~ v'{.,;L'."~" ;',-, ""'~~ _"'_ ". ~ "';,. 5 llsan Ferree January 16, 2001 Page 4 c. name and title of the person supervising the activities; d. a description of activities conducted there; and e. start and, if appl icable, stop date of the activities for the benefit of your organization. 12. Identify each address, P.O. Box, telephone number, e-mail address, mail service or caging service which receives contributions, payments or fees to benefit your organization, to include (If none, state so in writing): a. complete street, city and state address; b. complete name of the person or business which occupies the address; c. a description of the services provided to your organization from that address; and d. start and, if applicable, stop date of the authorization to provide services for your organization. 13. Identify each bank account to which contributions or other revenues for your organization were deposited for the period January 1, 1998, to the present, to include: a. name and address of the financial institution; b. title of the account; c. account number; d. date the account was opened; and e. name and title of ill! authorized signers on the account. 14. Identify any other names under which your organization did business in the past or is currently doing business. 15. Describe, in detail, any efforts made by your organization, to date, towards fulfilling its stated charitable purpose and identify any other organization which your \\\ ~"~,,, ,"~' ':"'<'::~"'-';' ~,- ~".l:<" '"~iJ.:.->~1 Susan Ferree January 16, 2001 Page 5 Organization assisted or with which your organization is associated. With regard to assistance provided to any other organization(s), please provide specific details of the type, date, and amount of assistance provided. 16. Any other documents or information which SVCSR wishes to provide for this office's review. We realize that this may seem to be a large amount in information and, therefore, are willing to provide you with fourteen (14) days from your receipt of this letter to submit these records to us. If any of the requested information is not immediately available, please provide the available information and contact me to discuss the other material(s). If you have any questions or concerns about enforcement of the Act or this letter, please feel free to contact me at (717) 783-2853. I look forward to your cooperation in this matter, and thank you for your time and attention. Sincerely, ~o~>>'~~ Special Investigator RHW/srh cc: Karl E. Emerson, Director Bureau of Charitable Organizations Department of State ;.,' ); , . '""-'-'" -~..' ~ 'c """'~ C' 0. ,"", "i'h: COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL March 5, 2001 MIKE FISHER ATTORNEY GENERAL Charitable Trusts and Organizations Section 14th FIr., Strawberry Sq. Harrisburg, P A 17120 Telephone: (717) 783-2853 Facsimile: (717) 787-1190 Mrs. Susan Ferree Susquehanna Valley Collie and Sheltie Rescue, Inc. 7 Oak Lane Enola, PA 17025 Re: Office of Attorney General's Review of Allegations / Dear Ms. Ferree: This office has completed its review of your activities on behalf of the Collie Rescue of Central PA, Inc., and the Susquehanna Valley Collie and Sheltie Rescue, Inc. After a thorough review we have concluded that no enforcement action is warranted. I have enclosed for your convenience a copy of the Solicitation of Funds for Charitable Purposes Act, Act of December 19,1990, P.L. 1200, as amended, 10 P.S. 99 162.1 - 162.24 (Act). As the President of Sheltie Rescue, I encourage you to familiarize yourself with its provisions. Thank you for your cooperation with this matter. Please feei free to contact me or Special Investigator Ronald W. Hill, should you have any questions. ncerel~ . ) {M/1J2J. '-.i ichard L. Schulman Senior Financial Investigator RLS/srh Enclosure ,~~, ., " '"< ~'.." ~ -" '" '~--" ( --, "'""~i INTERNAL lUlVENVl: SERVICE DEPARTMENT OF TREASURY 4330 Watt Avenue North Highlands, CA 95660 SA- 6209 S. Lee Date: January 24, 2001 Case Number: 17053291057000 Susquehanna Valley Collie & Sheltie Rescue 7 Oak Ave Enola, PA 17025 Person to Contact: Su Yim Lee Dear applicant: Employee ID Number: 95-08707 Contact phone number: (916)974-5361 Response Due Date: February 14, 2001 Before we can determine whether your organization is exempt from Federal income tax, we must have enough information to show that you have met all legal requirements. You did not include the information needed to make that determination on your Form 1023, Application for Recognition of Exemption Under Section 501 (c)(3) of the Internal Revenue Code. To help us determine whether your organization is exempt from Federal income tax, please send us the requested information by the above date. We can then complete our review of your application. If we do not hear from you within that time, we will assume you do not want us to consider the matter further and will close your case. In that event, as required by Code section 61 04( c), we will notify the appropriate state officials that, based on the information we have, we cannot recognize you as an organization of the kind described in Code section 501 (c)(3). As a result, the Internal Revenue Service will treat your organization as a taxable entity. If we receive the information after the response due date, we may ask you to send us a new Form 1023. In addition, if you do not provide the requested information in a timely manner, we will consider that you have not taken all reasonable steps to secure the detE!f'mination you requested. Under Code section 7428(b)(2), your not taking all reasonable steps in a timely manner to secure the determination may be considered as failure to exhaust administrative remedies available to you within the Service. Therefore, you may Jose your rights to a declaratory judgment under Code section 7428. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Thank you for your cooperation. Sincerely yours, Su Yim Lee Exempt Organizations Specialist Enclosure: Envelope, Form 8718 Letter 1312 (CG) ,,' ~ ' ~, 0< ,., ~- . ~; ~ < , , , . StJ!iquehanna Valley Collie & Sheltie Rescue Re: Application for Recognition of Exemption 2 ALL INFORMATION SHOULD BE SUBMITTED OVER THE SIGNATURE OF AN INDIVIDUAL HAVING AUTHORITY TO ACT ON BEHALF OF THE ORGANIZATION. 1. Please sign and return Form 8718. 2. We have information that criminal complaint has been filed against one or more members of the officers of your organization. Please provide documentation of the complaint. 3. We have information that one or more members of the offICers of your organization were removed as volunteers of Collie Resc;ue of Central PA, inc. due to misrepresentation and misuse of the organization's name and property. Please explain why one or more officers of your organization were removed as volunteers of Collie Rescue of Central PA, Inc? 4. We have information that Susan Ferree has been collecting animals by misrepresented herself as Collie Rescue of Central PA, Inc., and reselling them under the name of Susquehanna Valley Collie and Sheltie Rescue. Please explain where and how animals are being sold. 5. How many animals have you sold through the internet or other channels? 6. How is the activity of selling animals a charitable activity? 7. We have information that Susan Ferree requested potential donors to make donations in her name. How often does this happen? This practice does not appear acceptable, due to potential misuse .elf funds. How can you insure that donations made out to officers or other individuals will go to the organization? 8. Please note that the fair market value of payments for services and products are not considered donation. How many adoptions have bean made without payment of "adoption donations"? 9. Please explain how adoption donations are determined. How is this amount made known to the general public? 10. Please explain how your activities are different from for-profit pet shops that sale pets? 11. How many hours a week do Susan and George Ferree devote to the organization? Please describe any outside employment and the couple's source of financial support. 12. PleaSe supply copies of literature regarding your organization including, but not limited to, newsletters, newspaper articles, brochures, pamphlets, solicitations for donations, etc. 13. Section 1.501 (c)(3)-1 (0)(1 )(ii) of the Income Tax Regulations states that an organization which serves private interests rather than public purposes does not qualify for exempt status. To ensure that your organization will service publiC interests, you should modify your Board of Directors to place control in the hands of unrelated Individuals selected from the community you will serve. Please submit the names and qualifications of the new Board members, as well as statement signed by each that they will take an active part in your operations. 14. To be considered for tax-exempt status under section 501 (c)(3), an organization must be both organized and operated exclusively for one or more of the purposes specified in that section. Also, its activities must be restricted to those permitted a section 501 (c)(3) organization and ils assets in operation and upon dissolution must be permanently dedicated to a section 501 (c)(3) purpose. Your organizational document does not meet the organization test of section 501 (c)(3) and, therefore, must be amended. Please add the three paragraphs below to your existing provisions. Please note that amendments made by corporations must be approved by, or filed with the appropriate state official. Please submit a copy of the approved amendment as soon as you receive it from the appropriate state agency. ''This organization is organized and operated exclusively for charitable and educational purposes within , , .'. ,'''.-S',_ _'j.'; =' " on' .,' ~<--',"'~;""~:! Susquehanna Valley Collie & Sheltie Rescue . Re:' Application for Recognition of Exemption 3 . the meaning of section 501 (c)(3) Internal Revenue Code," "Notwithstanding any other provision of these articles, The organization shall not carry on any other activities not permitted to b.e carried on by an organization exempt from Federal income tax under section 501 (c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue law) or by an organization contributions to which are deductible under section 170(c}(2) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States Internal Revenue law)." "Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code), or shall be distributed to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed by the Court of Common Pleas of the county in which the principal office of the Association is then located, exclusively for such purposes or to such organization or organizations as said Court shall determine, which are organized and operated exclusively for such purposes." ,d,;" '.-'_n '~' ,,' ~", J~'d Susquehanna Valley Collie & Sheltie Rescue 7 Oak Avenue Enola, PA 17025 April 16, 2001 Su Vim Lee Exempt Organizations Specialist Internal Revenue Service Department of Treasury 4330 West Avenue North Highlands, CA 95660 CASE No.: 1705329105700 Dear Su Vim Lee: Enclosed please find our responses to your data requests as contained in you letter dated January 24, 2001. If you have any questions regarding this request, please feel free to contact me at (717) 766-6110. Thank you in advance for your prompt attention to this matter. Respectfully submitted, Mrs. Susan L. Ferree, President Susquehanna Valley Collie & Sheltie Rescue Islf enclosures RESPONSE TO EXHIBIT D "', .-."- _~ '.L . ' '~<, _'." '"",~, .'~:j Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-1. . Please sign and return Form 8718. ResDonse: Form 8718 has been signed and return, via the pre-addressed envelope on Friday, February 9, 2001. -'.ri '-', " ,_, ~, '1' ',"_'". " _ ",",1 kV'",' ';"< ' ' ",'""".,ij Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-2. We have information that criminal complaint has been filed against one or more members of the officers of your organization. Please provide documentation of the complaint. Response: Enclosed please find IRS attachment 2.1, which is a letter received from Mr. Ronald W. Hill, Special Investigation, Commonwealth of Pennsylvania, Office of the Attorney General, Charitable Trusts and Organizations Section, 14th Floor, Strawberry Square, Harrisburg, PA. IRS attachment 2.2 is SVCSR's response to Mr. Hill's requests. Also, enclosed is a copy of the followup letter from the Office of the Attorney General regarding the disposition of the inquiry and identified as 2.3, Please supply any other specific information regarding this request, such as, origin of complaint, criminal charges alleged, individuals involved, and any documentation available. 'J<,"_ "0" ,",'", ~.. "'~I Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-3. We have information that one or more members of the officers of your organization were removed as volunteers of Collie Rescue of Central PA, Inc. due to misrepresentation and misuse of the organization's name and property. Please explain why one or more officers of your organization were removed as volunteers of Collie Rescue of Central PA, Inc? ResDonse: Currently, we have received no formal or informal documentCltion or notification to substantiate that one or more members of the officers of our organization were removed as volunteers of Collie Rescue of Central PA, Inc. Please supply any other specific information regarding this request, such as, name(s) of individuals removed as volunteers of Collie Rescue of Central PA, Inc., reasons for removal, when removal occurred, documentation of notification of removal, and any documentation which would be helpful in preparing a response to this request. .~ . '-"', .",- ,"'- '~ - ~ -' '~ ':ii,-;' Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-4. We have information that Susan Ferree has been collecting animals by misrepresenting herself as Collie Rescue of Central PA, Inc. and reselling them under the name of Susquehanna Valley Collie & Sheltie Rescue. Please explain where and how animals are being sold. Response: Please refer to the response to question IRS-2. More specifically question 15, SVCSR response, and SVCSR accompanying attachment 15.2 for details on origin of all rescues. " - ~" ,. ," - " ""> ,-~, ~" >;.. c_",," <", , ":.tf.~ Susquehanna Valley Collie & Sheme Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-5. How many animals have you sold through the internet and other channels? Response: No collies or shelties have been sold through the internet or other channels. We currently post our available collies and shelties on www.oetfinder.oroas does over 2,000 other shelters, humane societies, and rescues; Each inquiry is sent an adoption request (attachment IRS 5.1). Applications, when returned, are screened, references called, and home inspections performed by members of the SVCSR. ,j~' ^" ~,,~- ',-" .. " _, ~ ,:;., h,., ';'; Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-6. How is the activity of selling animals a charitable activity. Response: Please see IRS attachment 6.1 - Mission Statement. We do not sell animals. We ask for an adoption donation to continue to help rescue, rehabilitate, and nurture abandoned, neglected and abused collies and shelties. Also, please refer to IRS-2, IRS attachment 2.2. More specifically Office of Attorney General question 3 and accompanying attachment 3.1 for a detailed listing of adoptions donations, private donations, and expenses incurred during the period June 2000 through December 2001. Many of our rescues have been from shelters and had special needs, such as, elderly, health, handicapped, or behavioral problems and were considered unadoptable and would surely have been euthanized by the shelter. Our rescue takes these collies and shelties into our foster network and provides veterinarian care (spay and neuter, if necessary), food, a loving environment, and loving and kind care. We evaluate each rescue for a minimum of two (2) weeks. Application for adoption are reviewed and the approved applicant is offered the collie or sheltie that would best fit their family. -'. c.--_ "~:,;"," -',~ tSf Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-7. We have information that Susan Ferree requested potential donors to make donations in her name. How often does this happen? This practice does not appear acceptable, due to the potential misuse of funds. How can you insure that donations made out to officers or other individuals will go to the organization? . Response: Please refer to IRS-2, attachment 2.2, more specifically, Office of Attorney General question 3 and accompanying attachment 3.1 and Office of Attorney General question 13. Atotal of $292 was collected prior to when a checking account was officially opened for SVCSR. Details of the disposition of these monies are included on Office of Attorney General attachment 3.1. > . , _ , '1"" .,'~ " _ "---'\.'.'';'; -'''-'''[j Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-8. Please note that the fair market value of payments for services and products are not considered donation. How many adoptions have been made without payment of "adoption donation". ~esDonse: SVCSR has placed two rescues in forever homes and received NO adoption donation. Please find attached the adoption agreement for LaCota (identified as IRS attachment 8.1) and the adoption agreement for Jesse (identified as IRS attachment 8.2) which been executed and accepted by our rescue. Please provide us with what would be considered "fair market value" of a collie or sheltie. The SVCSR asks for a donation fee of $150.00. More often than not, the adoption fee does not cover the expenses associated with the rescue process. We are a non-profit corporation and tax exempt corporation registered in State of Pennsylvania and all monies received are used to cover expenses incurred by rescue operations. There is no rescue that we are aware of that OOESNOT charge an adoption fee, otherwise, how would a rescue continue operations. Also, please refer to IRS-2, attachment 2.2, and more specifically Office of Attorney General question 1, attachment 1.2. ~ - '~ ~,,'- 'c"'''' .".':'" "" .:0'" J..i.: -fi.' Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-9. Please explain how adoption donations are determined. How is this amount made known to the general public? ResDonse: The adoption fee of $150 was determined to be consistent with the costs of veterinarian, food, and care of each rescue, but the fee varies depending upon the age, health, and disposition of a given dog. Each rescue is unique in circumstanCe and cost On average veterinarian costs average $115-125 for care of a healthy unaltered, unimmunized collie or sheltie rescue. The remainder is used for grooming, bowls, collars, harnesses, etc. "' Ji_" , , ,--,'~,' "- '~-f:' Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-10. Please explain how your activities are different from for-profit pet shops that sale pets? Response: Pet stores sell pets for substantial amounts, most in excess of $500. These pets come with pedigrees, and are generally puppies, unaltered, and require additional medical immunizations. As a generalization, if a perspective customers has the asking price for a pet in a pet store, they go home with a pet. Our rescue asks for an adoption fee of $150, we rarely have a rescue under the age of 2 years, most rescues have physical or behavior special needs, and we screen our homes much more thoroughly than pet stores, before placing our rescue. If for some reason, the adoption does not work out, we accept the collie or sheltie back into the rescue network - a pet store operates on a 'fair market value for services and products'. ~~"' --, ,',0 , - ", , ~,~'-", "'0 "~"'"" ,CO " '-~~ Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-11. How many hours a week do Susan and George Ferree devote to the organization. Please describe any outside employment and the couple's source of financial support. Responsa: On average, during weekdays, at least two to three hours each day is spent on the care and upkeep of rescue operations. Susan and George Ferree have each been employed by their current employers for nearly 20 years. A 1999 Federal.lncome Tax return is on file with the IRS and reflects income from their employment. '" - , ~ - , " """ . -' ,--". ~. ,""-b:, L ;- - ',\;~ Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-12. Please supply copies of literature regarding your organization including, but not limited to, newspapers, newspaper articles, brochures, pamphlets, solicitations for donations, etc. Resoonse: Please refer to IRS-2, attachment 2.2 and more specifically to the Office of Attorney General question 9 and accompanying attachments 9.1 and 9.2. No newsletters, newspaper articles, brochures, pamphlets currently exist. "~ c" .'" _" _'" ,'"_''' - '/. ' '" --""" ,",-,," - ", ,~~ .', ~_.ol'\! Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 IRS-13. Section 1.50(c)(3)-1 (0)(1 )(ii) of the Income Tax Regulations states that an organization which serves private interests rather than public purposes does not qualify for exempt status. To ensure that your organization will service public interests, you should modify your Board of Directors to place control in the hands of unrelated individuals selected from the Community you will serve. Please submit the names and qualifications of the new Board members, as well as statement signed by each that they will take an active part in your operations. Response: Please be advised that until January 27,2001, NO Board members were nominated or approved, due to serious illness within the Ferree family. During the meeting of January 27,2001, Board members were nominated and voted upon. Refer to IRS-2, attachment 2.2, and more specifically to the Office of Attorney General's question 1 and accompanying attachment 1.3 for minutes of the January 27, 2001 meeting and Board members. SVCSR has also joined the Pennsylvania Association of Non-Profit Organizations (PANO). We have consulted with PANO and have attached a copy of our new by-laws (attachment IRS 13.1) which were approved at a March 29, 2001 meeting. IRS-14. Resoonse: , , '. .. - " '0. j ~''-F'' ',~ ' ',",C"' "t ,'H/," ~ . -"""~ ..;' '':':-1,~ Susquehanna Valley Collie & Sheltie Rescue RE: Application for Recognition of Exemption Case No. 17053291057000 To be considered for tax-exempt status under section 501 (c)(3), an organization must be both organized and operate exclusively for one or more of th purposes specified in that section. Also, its activities must be restricted to those permitted a section 501 (c)(3) organization and its assets in operation and upon dissolution must be permanently dedicated to a section 501(c)(3) purpose. Your organization document does not meet the organization test of section 501 (c)(3) and, therefore, must be amended. Please add the three paragraphs below to your existing provisions. Please note that amendments made by corporation must be approved by, or filed with the appropriate state official. Please submit a copy of the approved amendment as soon as you receive it from the appropriate state agency. Please refer to IRS-13, attachment IRS 13.1, which contained the new by- laws for SVCSR. These by-laws have also been amended to reflect an updated Article 13 - Dissolution of Corporation in accordance to IRS verbage. These by-laws will also be supplied to the Department of State in accordance with our Pennsylvania Tax Exempt status. On the advice of the Pennsylvania Association for Non-profit Oganizations (PANO), SVCSR has also amended Article 13 to reflect changes as per IRS recommendations. , ~ ',0' ,,,-, ^ ,I, f', 2C'-".'i~"..;. -.-~ ""C'. ._LJ Susquehanna Valley Collie & Sheltie Rescue (SVCSR) A Pennsylvania Nonprofit Corporation BY LAWS Adopted - April 30, 2000 ARnCLEI-PURPOSES 1.1 The purposes of the organization are set forth in the Articles of Incorporation. ARTICLE II . OFFICE 2.1 The registered office of the Corporation shall beat such location in Pennsylvania as the Board may from time to time determine. 2.2 The Corporation may also have offices at such other places as the Board may select and the business of the Corporation may require. ARTICLE III . MEMBERS 3.1 Qualifications. Currently SVCSR is not a membership organization. 3.2 Annual Meetinas. The annual meeting shall be held as determined by the Board. At the annual meeting, election of directors and transaction of such other business as may be properly brought before the meeting. 3.5 Soecial Meetinas, Special meetings shall be called by the Board or at the written request of ten percent (10%) of the volunteers. At least ten (10) days notice stating the time, place and purpose of any special meeting shall be given to the volunteers entitled to participate. 3.6 Quorum. Those volunteers present at a meeting shall constitute a quorum for the transaction of business at the meeting. 3.7 Voting bv Proxv. Any absent volunteer eligible to vote at any meeting of volunteers may be represented and may vote at such a meeting by proxy authorized in writing. Such written authorization must specify the matter or matters with respect to which the proxy is granted and the person entitled to vote, must be signed and dated by the volunteer granting the proxy, and must be filed with the Secretary of the Corporation. 3.a Expulsion from Oraanization. Any volunteer may be expelled from the organization, without the assignment of any cause, upon an affirmative vote of two-thirds (213) of the Board of Directors ata meeting of the Board, provided that written notice of the intention to expel and reasons therefore have been provided to the volunteer. No volunteer shall be expelled without having the opportunity to be heard at such meeting, but no formal hearing procedure need be followed. '<"- - '. rl'_'^"__' ""'" -lil<~' ARTICLE IV - SEAL 4.1 If a Corporate Seal is deemed to be necessary, it shall be in a circular form and shall bear the name of the Corporation and the words "Corporate Seal, Pennsylvania 2000". ARTICLE V - BOARD OF DIRECTORS 5.1 Manaaement. The business and affairs of the Corporation shall be managed by the Board of Directors. The powers of the Corporation shall be exercised by the Board except as otherwise authorized by statute, these Bylaws or a resolution duly adopted by the Board. 5.2 Qualifications of the Board 9f Directors. Each Director shall be an individual of full age who need not bearesident of Pennsylvania. A majority of the Board shall be representatives of volunteers. 5.3 Number of Directors. The Board shall consist of not less that three (3) nor more than nine (9) persons, the exact number of which shall be fixed from time to time by the Board of Directors. 5.4 Election and Terms of Office. Directors shall be elected by the volunteers at the annual meeting of volunteers and shaH serve three-year staggered terms, an approximately equal number of which shall expire each year. Each Director shall hold office until the expiration of the term for which he or she was elected and until his or her successor has been elected and qualified, or until his or her earlier death, resignation or removal. 5.5 Removal of Directors. Any Director may be removed from office for cause by a vote of a majority of alt other Directors at a regular or special meeting of the Board, provided that written notice of the intention to consider removal of a Director has been included in the notice of the meeting. No Director shall be removed without having the opportunity to be heard at such meeting, but no formal hearing procedure need to be followed. 5,6 Quorum. Forty percent (40%) of the volunteers of the Board shall constitute a quorum for the transaction of business at any meeting. The acts of the majority of the Board present at a meeting at which quorum is present shall be the acts of the Board. 5.7 Unanimous Consent of Directors in Lieu of Meetina. Any action which may be taken at a meeting of the Board may be taken without a meeting, if a consent or consents in writing setting forth the action so taken shall be signed by all of the Directors in office and shall be filed with the Secretary of the Corporation. 5.8 Voting Riahts. Every Director shall be entitled to one vote in person. 5.9 Annual Meetina. The annual meeting of the Board shall be held not more than thirty (30) days after the annual meeting of the volunteers. 5.10 . Regular Meetinas. Regular meetings of the Board shall be held at least quarterly and as otherwise determined by the Board. '"'..',,,,..,""'...IUJ.J,u.... 'i. II ".;......., ':~ ''''~ , bl!j"-~~~~:e1:' 5.1 Special Meetinps. Special meetings of the Board may be called by the President or by one-third (1/3) of the Board at any time. At least ten (10) days notice stating the time, place and purpose of any special meeting shall be given to volunteers of the Board. 5.12 Adi~umed Meeti':los. When a r:neeting is adjourned, it shall not be necessary to give any notice of the adJoumed meebng or of the business to be transacted at an adjourned meeting, other than by announcement at the meeting at which such adjournment is taken. ARTICLE VI - COMMITTEES 6.1 Other Committees. The Board may, by adoption of a resolution, establish one (1) or more other committees to consist of one (1) or more Directors of the Corporation. Any such committee. to the extent provided in the resolution of the Board, shall have and may exercise all of the powers and authority of the Board, except that no committee shall have . any power or authority as to the following: (A) The filling ofvacancies on the Board. (B) The adoption, amendment or repeal of the Bylaws. (C) The amendment or repeal of any resolution by the Board. (D) Action on matters committed by the Bylaws or by resolution of the Board to another Committee of the Board. ARTICLE VII - OFFICERS 7.1 Number and Qualifications of Officers. The Officers of the Corporation shall include a President, one or more Vice Presidents, a Secretary and a Treasurer and such other officers whose positions shall be created from time to time by the Board. A person may hold more than one office except that the same person may not be President and Secretary. 7.2 Election. and Term of Office. Officers shall be elected by the Board from among the volunteers of the Board at the annual meeting of the Board and shall serve for a term of one (1) year and until their successors are elected and qualified. Officers may be elected for consecutive terms. 7.3 Duties. The duties of the Officers shall include the following: (A) (B) (C) (D) The President shall preside at all meetings of the volunteers and Directors; shall generally supervise of the business of the Corporation; and shall execute documents on behalf of the Corporation. The President shall be an ex-officio volunteer of every Corporation committee. The President shall appoint volunteers of all committees which are created by the Board. A Vice President shall have such powers and perform such duties as the Board of Directors may prescribe or as the President may delegate. The Secretary shall assure that minutes are prepared and maintained for all meetings of the Board and the volunteers; shall assure that appropriate notice is given for all meetings of the Board and volunteers; and shall perform such other duties as may be prescribed by the Board or by the President. The Treasurer shall assure that accurate accounts of the receipts and " ...1. "J',' "-,",-..; ';~, ;- -'>X,~'< ,,"'--j " __ ,<,~,;J~J;;"iR: disbursements or the Corporation are maintained; shall cause financial reports to be provided to the Board and the volunteers; and shall perform such other duties as may be prescribed by the Board or by the President. 7.4 Removal of Officers. Any Officer or agent may be removed by the Board whenever in its judgement the best interests of the Corporation will be served thereby, but such removal shall be without prejudice to the contract rights of any person so removed. ARTICLE VIII - VACANCIES 8.1 Resianations, Any volunteer, Director or officer may resign such position at any time by written notice to the Board. SUch resignation shall take effect from the time of its receipt by the Corporation, unless some later time may be fixed in the resignation. Acceptance by the Board shall not be re<iluired to make a resignation effective. 8.2 Fillina Vacancies. If the position of any Director or officer becomes vacant, by an increase in the number of Directors or officers, or by reason of death, resignation, disqualification or otherwise, the remaining Directors may choose a successor or successors who shall hold office for the unexpired term. ARTICLE IX . MEETINGS AND NOTICE 9.1 Place and MeetinQs. Meetings may be held at such place within or without Pennsylvania as the Board may from time to time determine. 9.2 Notice. Notice may be given to any person either (a) personally, (b) by sending a copy thereof by first class mail, or by electronic transmission to the address appearing on the books of the Corporation or supplied to the Corporation for the purpose of notice by such a person, or (c) by telephone. If the notice is sent by mail or electronic transmission, it shall be deemed to have been given when deposited in the mail or transmitted. Such notice will specify the place, day and hour of the meeting and in the case of a special meeting or where otherwise required, the general nature of the business to be transacted. 9.3 Waiver of Notice. Any required notice may be waived by the written consent of the person entitled to such notice, and attendance of a person at any meeting shall constitute a waiver of notice of such meeting, except where a person attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened. ARTICLE X -INDEMNIFICATION 10.1 General Rule. A Director shall not be personally liable for monetary damages as Director for any action taken, or any failure to take action, unless: (A) the Director has breached or failed to perform the duties of Director in accordance with the standard of conduct contained in Section 5712 of the Act and any amendments and successors acts thereto; and the breach or failure to perform constitutes serf-dealing, willful misconduct or recklessness; provided, however. the foregoing provision shall not apply to: (B) '.< " "J";',,-,~ ~.. ^"-'ii~~_,: (I) the responsibility or liability of a Director pursuant to any criminal statute or (ii) the liability of a Director for the payment of taxes pursuant to local, state or federal law. 10.2 Indemnifications. The Corporation shall indemnify any officer or Director who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, (and whether or not by, orin the right of, the Corporation) by reason of the fact that such person is or was a representative of the Corporation, against expense (including attorney's fees), judgements, fines and amounts paid in settlement actually and reasonably incurred in connection with such action or proceeding if such person acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the Corporation, and with respect to any criminal proceeding, had no reason to believe such conduct was illegal, provided, however, that no person shall be entitled to indemnification pursuant to this Article in any instance in which the action or failure to take action giving rise to the claim for indemnification is determined by a court to have constituted willful misconduct or recklessness; and provided, further, however, in instances of a claim by or in the right of the Corporation, indemnification shall not be made under this section in respect to any claim, issue or matter as to which the person has been adjudged to be liable to the Corporation unless and only to the extent that the court of common pleas of the judicial district embracing the county in which the registered office of the Corporation is located or the court in which the action was brought determines upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses that the court of common pleas or other court shall deem proper. 10.3 Procedures. Unless ordered by a court, any indemnification under Section 10.2 or otherwise permitted by law shall be made by the Corporation only as authorized in the specific case upon a determination that indemnification is proper in the circumstances because he or she has met the applicable standard of conduct set forth under that section. Such determination shall be made: (A) by the Board of Directors by a majority vote of a quorum consisting of Directors who are not parties to the action or proceeding; (B) if such quorum is not obtainable or if obtainable and a majority vote of a quorum of disinterested Directors so directs, by independent legal counsel in a written opinion; or (C) by the volunteers. 10.4 Advancement of Exoenses. Expenses incurred by a person entitled to indemnification pursuant to this Article or otherwise permitted by law in defending a civil or criminal action, suit or proceeding, may be paid by the Corporation in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such person to repay the amount so advanced if it shall be ultimately be determined that such person is not entitled to be indemnified by the Corporation. 10,5 Continuina Right to Indemnification. The indemnification and advancement of expenses provided pursuant to the Article shall continue as to any person who has ce~sed to be an officer or Director of the Corporation and shall inure to the benefit of the heirs, executors and administrators of such person. , ,~ -, ,,-- .," ",-,'," -.-1;, -2,~'" . , """t";i 1,0.6 Other Riahts. This Article shall not be exclusive of any other right which the Corporation may have to indemnify any person as a matter of law. ARTICLE XI . AMENDMENTS 11.1 The Articles of Incorporation or Bylaws of the Corporation may be amended by a majority vote of those volunteers present at any duly convened meeting of volunteers after notice of such purpose has been given. 11.2 The Bylaws may be amended, to the extent not prohibited by law, by a majority vote of all Directors in office at any duly convened annual, regular or special meeting of Directors after notice of such purpose. ARTICLE XII . MISCELLANEOUS 12.1 Fiscal Year. The fiscal year of the Corporation shall be determined by the Board. 12.2 The Corporation shall be authorized, by resolution of the Directors, to accept subventions on terms and conditions not inconsistent with the Act and to issue certificates therefore. ARTICLE XIII- DISSOLUTION OF ORGANIZATION 13.1 This organization is organized and operated exclusively for charitable and educational purposes within the meaning of section 501 (c)(3) Internal Revenue Code. 13.2 Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue law) or by an organization contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States Internal Revenue law). 13.3 Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code), or shall be distributed to the Federal govemment, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed by the Court of Common Pleas of the county in which the principal office of the Association is then located, exclusively for such purposes or to such organization or organizations as said Court shall determine, which are organized and operated exclusively for such purposes. Adopted: Apnl30,2001 )," r - ,', ,_,' , ." ( " "' ,.-~' ~' -' /,~,,,,,,'i;,,", _ ." '"":'lc CERTIFICATE OF SERVICE John M. Ogden, Esquire Holt & Ogden, LLP 34 North Queen Street York,PA 17403 I, John D. Sheridan, Esquire, hereby certify that I have served a tme and correct copy of the foregoing document by depositing such in the regular U.S. Mail, addressed as follows: Dated: July 18, 2001 John D; Sheridan, squire Suite 201, 2080 Linglestown Road Harrisburg, P A 1711 0 (717) 540-9170 iiil~ii~I~~_i%'iiiilltl~M1i~,im~Qii>':ffillY~A,\;~-hi"'N~"'ih\~""rj;'&-;#:~l~~- >" -Tee ,Jj~L",,~~,,~,UJJ,~,~,~,_~ - ,_.~,"'''''''-;",.".~ ;_,',""'';' - ,^"V- ~" " ~'~~~lii'lil:ll ,-,,,,,,,~---,,,,,,,"~ ,<' ir"-'" c.~i ' c " ,- ;" ,",'".,' , , I 1 I '~, )- c :.< ~ 'C'"'.;,.- - . _. -'"',,'- ' ,-', ~~,""'" ',' ,,0"';'- '-'c., ",C'." :__ ,:,,,,,,,, ~~,.. -', ,,> _C'"':."'"i..~;>,,,__',, ,;"'\,< "''''''':'''-'''; ,-',: ;:~-',-"i\;.1 ,c; ':;;'::;'..;;';:;;,;;~- ," _' ,<, .,;,0 '""c:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA -r' 7U" tN, 3:217 t;,,;.1 1 ~ COLLIE RESCUE OF CENTRAL NO.2001-SU-3217-CIVIL P A, INC. Plaintiff, CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. NOTICE TO PLEAD TO: JOHN D. SHERITAN, ESQUIRE COUNSEL FOR DEFENDANTS 2080 LINGELSTOWN ROAD SUITE 201 HARRISBURG, P A 17110 You are hereby notified to file a written response to the enclosed petition within twenty (20) days from services hereof or judgment may be entered against you. Respectfully Submitted, DATED:Jl:?\ )01 HOLT & OGDEN, LLP B~ . M. Ogden ~ueen Street ~,~AIl17403 (717) 846-0550 , ""~ ", ' - " n,,' ._, ^.~ ",','" 0"'__ '__' ^ -, ,'--"-,',' , - ~ _ ..~,'~: _ '. ",~'~ ":~ ,;~~,;. "."'--..,,g,,"'--,,<: "~"." <<''6,L''...o','< ,:',~. ,'-;";': ,', "i,I[;;' ~iJ "be :.E'~'~;[""~;: , '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA '?/.I;,ol- 3~/7 ~ I.fl-<- COLLIE RESCUE OF CENTRAL NO.2001-SU-3217-CIVIL P A, INC. Plaintiff, CIVIL ACTION - LAW v. <:I ~ ANSWER TO MOTION FOR PROTECTIVE ORDER DATED JULY 16,2001 CJ -<'t::=: O~-:-l :.U::..= ;:>=,----' . -'- GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. NOW COMES the Plaintiff, COLLIE RESCUE OF CENTRAL P A, INC., by its counsel and files this Answer in response to the Motion for Protective Order file July I, 2001 by the Defendants and in response to the Rule to Show Cause entered by the Court on July 25, 2001, per the Honorable Kevin K. Hess, Judge: 1. No answer is required. The purpose of the deposition is to prepare for the filing of a complaint which is authorized under Pa.R.c.P. 4007.1(c). 2. The issues that were referred to the Attorney General and the IRS were never completely investigated. The Plaintiff has witnesses who represented that they had information but were never contacted by either office who were supposedly investigating the matter. 21 ~~9j o~om 3. The Plaintiff is not required to file a complaint until it completes its due 1 -,< ^',' 'i', .. ''',,~ ~, :':''''_0' , "'''.' ,~-" " ~",,!,i',..,~.' " d'.- ;>,c!;i:::', 7~'~l-'~; ",:;~:;:c", "'-"",:>"J~'l;;-~,;;,i...,;,;<:,,j.;', . ~ .._' ":'",,1 ,.~,"..".j.t"i diligence and conducts a deposition so that the correct causes of action may be stated and the correct Defendants may be named. Counsel for the Defendants has indicated that he will seek attorney's fees for any frivolous actions which are filed. In order to file a well pleaded complaint, we need to take the depositions and request the documents stated in the Notice of Deposition. 4. Admitted. 5. Admitted. The persons named in the Notice of Deposition were asked to leave the corporation on or about April 13, 2000 due to the fact that they were improperly taking dogs and donations from the corporation. For example, Susan Ferree took a dog from a private owner and represented that it was taken by the corporation, when in fact she took it herself personally and sold the dog to another party. The corporation never had any involvement with the dog. When this fact was learned, she was asked to leave the agency. 6. Denied. The Plaintiff simply wants to obtain any donations in money and in kind and dogs intended for the Plaintiff corporation and which were converted by the Defendants to their own use. The Plaintiff needs to find out the extent of the misrepresentation which was conducted by the Defendants both before they formed a new corporation and possibly afterwards. 7. The letters to the Defendants wer~ose of asking them to stop representing themselves as Collie Rescue of Central P A, Inc. improperly 2 -''';''_"'-1-' '{ '"'" ,-- ,",'.,,~',i ' c ^ ,', ,,_~ ^'_ 0' V, ,.::., ",',",C ,,;,-,,~.;. '"'; ';':'';''''~'&''''~;U''';';'''';<;,;;~'', ~;,,:,J J',~,~,; :.\;,<l:~',~;-;~,<;;' '_ _' >, '#>;}~I and to stop taking donations meant for the Collie Rescue of Central P A, Inc. and using those donations for their own personal use. 8. Denied. The Defendants have never responded adequately to any of the allegations. 9. It is true that the Plaintiff went through the proper channels to try to stop the Defendants from diverting funds from the Collie Rescue of Central P A, Inc. and also to stop misrepresenting themselves as being a part of the Collie Rescue of Central P A, through the use of bogus business cards, letter head and other bogus identifying items. 10. Admitted. 11. Denied. These investigations were made by the agencies for the stated purposes in their letter. 12. It is admitted that the Attorney General found no reason to prosecute the Defendants. It is denied that the Defendant have not converted the donations of Collie Rescue of Central P A, Inc. to their own use and represented themselves as members of Collie Rescue of Central P A, Inc., using bogus business cards. 13. Denied. The IRS was contacted by the Plaintiff for the purpose of objecting to the tax exempt status of their 02f8rrir~L~m 14. Denied. The IRS had to make a determination as to whether the 3 '""",,;::'"...'''-'', ,'. -'.'_]C';'" C.' ..,.,-"j, -"'_', '}',,~,~,,;l'''~"'''''_'-''- ~,,== ---'0.;'', ,;;,,:....;i'~,~,_'.- ~,:::,,'j,'>''i..i;c;;.:;,;.;,::,~':-~,,;,;,i '; <, '''!j organization was tax exempt entity. 15. Admitted. It is true that one or more of the Defendants were asked to leave the Collie Rescue of Central P A, Inc. due to misuse of the organization name, failure to follow procedures and converting of donations to their own use. 16. Admitted. 16A. Susan Ferree was doing these things but the Plaintiff is not sure to what extent and not sure who her accomplices may be. Susan Ferree never answered the allegation. In her purported answer, found at Exhibit of the Motion, Answer IRS-4, she refers to IRS-2 and to attachment 15 and 15.2. IRS-2 never answered the allegation, it simply restates that the Attorney General refused to prosecute. Attachments 15 and 15.2 were not attached to the Motion at all. 16B. Susan Ferree never explained why she made business cards using the name, Collie Rescue of Central, P A, Inc. with her telephone number on it and collected donations on her own which were never turned over to the" real" Collie Rescue of Central P A, Inc. See copy of bogus business card, attached hereto and made a part hereof as Exhibit "B". This card shows a bogus and unauthorized e-mail address and telephone number. ~ ,TW", '" 218~91 080155 Also see a poster made by Susan Ferree using Collie Rescue of 16C. 4 ~.. N. '-.'. ,~."-,, "-,,,,,,,'. ~"I, "'.",;-, -~~., ~'~,;,;,,' ,~,'".~:,,-,C:';'''__A''''"\>. ." ;-"^~":""",~~"'0-1,)',_,,~~';;'k;,';;;ii;~~~:,:,'_~';,~<,, "~< ,:;51 Central P A, Inc.' s logo and name, but with an unauthorized telephone number and e-mail address. Attached hereto as Exhibit" C". 16D. Another example: On October 27,1999, Susan Ferree picked- up a dog, Daniel from the East Shore Humane Society under the name Collie Rescue of Central, P A, and representing the corporation. This was an improper pick-up since the dog was not a collie, but an Eskimo Dog Mix. See copy of Pet Adoption Contract, dated October 27, 1999, attached hereto as Exhibit "D". It was also improper since all dog pick-ups must go through the corporation since the Dog Law requires records to be kept of dogs picked-up and adopted out. When the corporation found out that the dog was taken, Thom Lewis inquired where is the dog? About a month later, Thom Lewis learned that Susan Ferree had the dog. Later, he found the dog on the web site of Petfinder.Org. The dog is listed as being for sale by the Susquehanna Valley Collie & Sheltie Rescue. And, the same telephone number, (717) 766-6110 was listed on the Petfinder. Org website. This number had been used on Bogus Business cards. See Petfinder.Org website page, dated 7/3/00, attached hereto and made a part hereof as Exhibit "E". The adoption records were obtained from the East Shore Shelter who had them waiting for the Attorney General to pick- . ~A091 m155 up. The Attorney General never pIcKed- up tne records and never 5 -"- -- n,'-"- _,' .. ,,/'-- ,,' ',',__,,"" '>"'.~ ""'Ce' - <','< "'^-"'~JI'I,'--~^'~",'.~i.. ~""";",,,;;,,,,;,,,,,",-,,," '''..::;~;:",,;.,;,<:,)<,'0.i,:,>,.,", ..j '~:~j1- investigated it. 17. Admitted. This is a true allegation and we wish to inquire into this at the deposition so that we can learn the extent of the misuse of donations. For example, attached hereto as Exhibit U AU, is an e-mail from Susan Ferree dated 4/13/00, wherein she was soliciting donations, in her own name, and representing that they were for Collie Rescue of Central P A, Inc. Susan Ferree never answered the allegation. 18. Denied. Representative of the IRS advised the Plaintiff's director, Thom Lewis that he was such a small charity it had neither resources nor the incentive to investigate further. There was never any documentation that the Plaintiff received that the allegations were unwarranted. Apparently, other persons or corporations filed complaints against SVCSR and on May 7, 2001 , those were investigated. The Plaintiff has no information about the outcome of the investigation. To our knowledge, the Defendants have never had to account for the dogs that it picked-up using the name Collie Rescue of Central P A, Inc. 19. Denied. The Plaintiff needs the information requested in the Notice of Deposition in order to file a well pleaded complaint and in order to name the wrong-doers. Since the Plaintiff was placed on notice that the Defendant's intend to file a complaint against them for ~iI:')~f \l. ~"s and other sanctions, m09j80m the Plaintiff has every reason to take pre-complaint discovery prior to filing its 6 >~ "'-~' ~~~" <,'<' --~ ,,,,",",-,U'V'"','\ '" /-",L ;__<';"';o;,"L""'~~"'t. "',J,,;y.,,, '"-"',;", "" """'l,,;"",JJ;-,;~,,"""--"','; ",,-;;.'.>,,:; V&c -'~.-'" -~'" ",' "'li lawsuit. It is authorized under the Rules of Civil Procedure. 20. Denied. The allegations were never properly answered. The Plaintiff has no intent to harass anyone. However, the Plaintiff has a right under the Rules of Civil Procedure to obtain pre-complaint discovery. The Notice of Deposition was detailed and consistent with the causes of action for conversion, misrepresentation, theft, fraud and interference with a business relationship. Under the Dog Law, Section 459-207(c), every keeper of a kennel shall maintain records for each dog kept for a period of two years. This includes whom the dog is adopted out to and their name and address. The state dog law office supplies kennels with the ledger for this purpose. Accordingly, most of the records requested should be at the fingertips of the Defendants. WHEREFORE, the Plaintiff requests that this Honorable Court permit the depositions to go forward and deny the request for a protective order. NEW MATTER 21. The only person to sign the verification was Susan Ferree. 22. The Motion for Protective Order should be stricken as to all Defendants except for Susan Ferree under Pa.R.c.P. 1024. ~8091 080m 7 WHEREFORE, the Plaintiff respectfully requests that this Honorable Court strike the Motion for Protective Order against all Defendant except Susan Ferree for failing to file a verification. Respectfully Submitted, HOLT & OGDEN, LLP BY: J 1\ mey at Law 34 North Queen Street York, PA 17403 (717) 846-0550 -................"""'" ~18~91 ~80m 8 "-'';' .-. .' ,-, ,; . ':'''--- "',~! Subj: Re: donation Date: 4113/00 4:53:54 PM Pacific Daylight lime From: Slinaxy To: U NANCY cc: RescueCoI Nancy, Please make it a modest amount and I will purchase products tom the Specialist Bakery in Marys\llle. They haw a small bakery outlet there and I will purchase items on your behalf to donate. So I guess you can make it to me, and I will pro1Ade you with a receipt for your recOlds. Thanks for your's and KelAn's continued support of the rescue. It means a lot to me as well as Thorn that we haw famines like yours inwMd. Haw a great time over the next few weeks and enjoy that one year old grand baby. By the way. I am Slll'e I did not mention this. but Geo and I will be grandparents sometime lale in August. Our oldest daughter had asked us not to say anything until alter the first three month$, well we are on month four and all is well. I hope its another girl. I just love to buy all those cute, MIIy dresses. Talk to you soon. Susan P.S. And thanks again. 2i8~91080155 f1 A-I+~l ~; *0' FOd8y, M.y 12, 2000 America Online: Roacu.c:ol Paste: 1 _ ~4 . ' >' "~..:",", ',,"" ":-">~';;';"'. ,'-,,71.; ""0'--';.;:.:,..;:,,',, ..,,'. l . _ ._ ._L ~-MMiY COWI~ OF CMUL'A.. -'- www.colIie-resc:ue.org 263 Texaco Road Medlanic:shurg, PA 17055 Susan L. Ferree Foster Home Coordinator Ph: (117) 76~6110 ~collie-,espa@jJotmail.com , -- 21~09l 08~15~ b , . \m' ..""'!i\h"",... " . . emf -......~~j.,~' ~\ \tf~ l.i - :' . . Adoption Requirements: 1. Must own home 2. Must be an inside pet 3. No children under 9yrs old L caDW7~~-6110 . COWl RESCUE www.co/lie-rescue.org OF CENTRAl PAIIIC. e-mail: collieJespa@hotmail.com =J ~ '-'''~,- ~ '- ..~. --~ < "d,; OCT-15-00 SUN 1::46 AM HUMANE SOCIETY/HBG FAX NO, m 564 1:367 p, 02 ---:'?'-' "2 "J 1,\ N"'c".,)"""L.;) ._/ 1II1M/\NE SOCIETY OF BAltl{JSBU~(; AREA, INC, '-(....--'------..- ) EAST S. "0"''' "",..,.,,- -I 7790 (;J'lIY:'UII RO~ld 11;1I1.'~1~Llrg, Pa. 17111 '.......~. (i 17) 5(i4-:;.17.0 ~...,,~....._--_.._----~_.._~. OUI~()3,~w.~ f.:,!."",""""',1 r!'rl!l.u'!:o.!'.w."I<>!l '(k.i'\1!lii:.'.l!.,.:,',iUlah WEST SHORE SIIELTEI< 71 () /:.ppky G,{\;J,J M";\.':l:lnic~b\1;'~~. P~L 1:'055 (: 17) (9..'.~,::,'17 PET AllOPTlON CONTRACT _.-._--_.~'~...._--_._.,._"-----~.~----_._..- r),\TE:-,LO/-2'J)"7 . ADOPTER 1:~I'l)/{MAT10~; () ~,\\'I1': . 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I r:!lll:(~ III l:j~"l1he anlm.:11 ~u ,'1 \I~Il'!r;ll:tri,,~ wHnin 7211CllJr.;. 01 J.I:lopucr for t~X!Ir:lIn;1li0I1S l'lnd immuni.li-l~icrIS """ 'l80iJC.'j: ::).:j l,.) p':~:;,;'e ir-,,.,,:,d:C1;C vo.: ',,'11;;:''\1 C'lre, ;it II'iY ')WI) CXI)o..'Mjl~t ~:hou)d \he i.lnim;:;!lwr:nrne ill or I~J:jlcd U.1f ll"il.' <llli:1l11i ml.l~l be rCl,I.:rllcu ((llll'~ HII.illanc Soci,-:\y oi Ili1nl::.:)(.;ro ArC::t.I:H:., 'OP-(.'OIl1S.: 0:1 o.n lIlnes:;; (MtC~"l]I"JO wi:h,r 'i'/o (~:' d.l/~ 01 (-l~n~it'(",n. ii',,: (;~CIi!$Ml rr:rn,~dy ~n.il1 boo r~;illltJ:lrM'tn(~nl of lllC' r::d'Jl-'lkJll f(!., pi-lij wl)ich will t'c gilMll fQt'J,.-'\I'ds ;;\notl1(:r i.'l:"lirt1;t1. g, ! Ir{'cli'o'l! Febru;\ry '1991, per Dog Low Secton 902.A, JII itnllllal!'. ildoptcd Irom <l I-lum>lne Soeictyo~ otht.Jr ..nimal welfare ngcllcy, must be cprly'.!d or.Mutorod <'It G ll1onlh!; of {lD~, or wilhln blX1y (60) dl1Ys from H10 d.:lle or ~cloption II said animOll 11;: alrl}3dy older Hum lh~ rrlof(,'mt'ntil>nl,d ogo al ine lime of :JdoiHlon, Non.C,'mpllC1.nc'~ of the dfc.rem~rllinnod will rc~ull ;r\ \t1~ :orieilt,r'3: 0)[ I!).) ,:,pJY/r'1i;uli;!r If;!e fl!;r Vi': 'I C'.;; rlo~j{i(:i'Hi,~" 10 llO'J liliN 01 ;,.iljd n()n-compli,ul";;c 1 O. r ~\I:r:~~rlj th;::, ilnilli,JI ~'J ..In lfldnClr household pc:t ,l1",d :;oll'p:m'on Ollly. and L11:'ll ttlis animal will Mt li~ u>'..o 1m br""cdir.g ~lir;)c);l~.~. 11. I i1llrl'fl 11'1 llr;MM tho on!lTI,.J m (:,J(npli:~I1GI; wII11 \I,jJ li'lW,.. ,mc1 QrClln8.ncos In fufte in U'e ml:rJl<:ipo.hly it'l wtlich I r~::;ido, 12. The l-IuITt.,n" !Jociety of H;,ml:!iburs AreJ.lm;. ::;1)~~11 r1~t bo held rl!sponsibfC! 1o~ any damngos, lo!;;~~lt. Il:!lCPQf'H.liS incurred! or Injl.lr;e:: C'llu::e61;ly the u.ninHlI described tlbovr.. 1:1, I uml'.!r~l;jnd thAt tho I'hun,me Socl~ly of Hanl~tJllr~ Area, Inc. CMllot au;)r~miea the health, tOI'\1pOf;:!ment, or training of !;~C- above- dC~;(.'fibcrt I'lljinu! ;:'lmJ h~rll>by af,jrc:o to I'clc:rwc tile Society from o.f1ll::Jbilitics. once ll,e anlmoll!> in my possc!')sfon. 1<1.1 i:\rlrcc to p,ly'nJl fCfoPOI\!J!I)lc {('!aUI fr..'(~s Incum~a by tbo HUIn.::JnGl Society of Harrlsburg AreA, Inc, ~h(!uld tn~ Society fhd lno In vlo.l~IHon of thl:q conUi'll:1 ~fid t.ac:!k~ lag.-"11 fI~mc\dif}\; lhrolH~Jh thn courts. 1:5. 111~1"\llc!\d tl1l~ M',cVon I h,l\l(1 l1"~lj it r,.xplnin(';(ll~1111C .;.lld I complatGly '.JIldorst:.f1Ci o,nd ilr:oept thlJ' rights cr,d (1blitlllliDr.~ ,;vclv.;:d, ,"A ~"iQn<(I-::..):-:t~.._._... d,lc i.f~;:r);1 --_._-------_.~'_._--_.._---'..._... ~~~__.__._.._...._......'___.J........_~ ,..-..------- 1\:."1:rJy rur f.Jr,.('\.COI"J\r,h,'H'I:r:, It I,; ". il(',"': II ;..It lIJ() Hl:m;lf\l'l S('1C:k,ly vI I 1;.I';';V<.lf'J ArC!.). 1110. J'(':;',,(,') 1110 fi:JI'1 \1 .!cii'<! :111.- <:~J;'i":;1 r()" (~'O,i!"W~:-..~ rlJlr"J~('\ of or.!,lIri\1lJ ~tl'o .Ul\rn.~I!1 W"II.bn,('f~ :-,(~'I (,Inl'{ \."l<.t;rcit::l! ,t~ cl~I~~ If' l!l:' 'Ne-I',; i' :;:\(,'....:r$ ro 1M ,~~i)(;It:;lY 1I1,1l111u Ilt"por ,1Ild hilil1::t\'l; (~I!\: ..:0 ,\;;:Gciri~d i.' tl';G ~I)f)\iw !li'Wr,liri'1 r,:nVi!:loq~, !;'.110iI.11':lfI!J .:JI(lrilr;:.l ~.,liJ ;lni:r:,)l. In wl'lltlr t..1::~' 11119 3ni.~ 11'1 ~Ct..r" I;",~ (",".,1 ....."':) ~~y ~~II'J 7;;vo:;J lJy tlll .l',v;nt 0! :t,i"! r;,;;rn;\Ill: ~(X;,t.:.'lY ';)11'i:H~QJQlIf-trl' ~8n'15' 5 . ~ ?r~ tll:!ll.,(\(~t",.-r;"V""lhH."'o;.' I aVll V V. ~, .. ~:::m'~':~H)VVJ-J!"-_'''_HH . .. J:) : ". J~_ ~- . [ ,,: ~', , ~, .- . Petfinder PetNotes Page 1 of 1 HOME PET SEA.eH SHELTE. & .ESCUE GROUPS .ESOU.CES 1 J 'PetflIlder.org Ct.ASSlftED ADS SHelTER S~UP AS;CA.oro rtrO"A.C:OM adopt a homeless pet Updated daiJy! ~'" ,c'" K.e'.leme;>f '-"iopnlr:q " I ~ eStrcmg.com _r---, ,', 11 Free Education in Your Inbox lxouremai/address (lIG1llP) SUPPORT OUR SPONSO ~toplo. ."ll Send on e-gift certificate to a homeless pet dick for easy insfTuclions and the email of your local sheltel$ and rescue groups If you shop online, please do Get $10 off olus FREE so through a link on the shiooina on oet food tovs al Petfinder network. This will supplies! let our sponsors know you support our efforts. )l'! 1 ,J l' ,,~. "'I J Pet Notes Size: Medium Age: Adult Sex: Male I.D: Daniel Dog American Eskimo Dog Mix Notes: Daniel is a 4 year old American Eskimo/Sheltie mix. Susqllehanna VaHey C()!lie & Sheltie Hescue Enola, PA 717-766-6110 sfmaxy@aol.com This pet is: up to date with routine shots, already house trained. altered ." ~~"t Previous Return to Index Next 21S09j osnm A.J.h~t:k~" t -:It L{ http,. ./pet.cgi?action=2&pet=96805&SessionID=39613fa032df9601 &display=&preview=&row= 7/3/00 ~ ~J c _.'_ ,,'." - >.'. ,~ ,--,',-', ',: ',-',,-, n' '~i>""';'--~~'\cb,;__;\;~'. ;,.. :,:'\1" ;":Jc,"""':k'" "._,<,-' /;';-",';;,,', ';J'~,-:,'"O' ',,' :"'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL P A, INC. Plaintiff, NO.2001-SU-3217-CIVIL CIVIL ACTION - LAW v. GEORGE FERREA and SUSAN FERREA, Husband and Wife, and TAMMY BAHRAINIS, CAROL WAGNER & GRACE GILBERT, Defendant. VERIFICATION The statements contained in this pleading are those of my attorney, however, I have reviewed the complaint and verify that the averment or denial contained therein are true and correct to the best of my personal knowledge or information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unsworn falsification. Date: ~ ~~C I THO WIS PRESIDENT COLLIE RESCUE OF CENTRAL l'~ m09l080155 .. , :",cc ,'_ _ -r' ,,,, _;_ '> ~"",,'" .~,__,,;.,;;,'~'" -',.,:?,,'. .' __ " '- ".._' __ ,,. ',,_ 0>" __',,,,"~:,.d.C 'S:;;"-"~'''-,," '. - "& " ,,, '~'~1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL P A, INC. Plaintiff, NO.2001-SU-3217-CIVIL CIVIL ACTION - LAW v. GEORGE FERREA and SUSAN FERRE A, Husband and Wife, and TAMMY BAHRAINIS, CAROL WAGNER & GRACE GILBERT, Defendant. CERTIFICATION OF SERVICE I am the attorney for the above captioned party in this action, and hereby certify that on this date, I served a true and correct copy of the ANSWER TO PROTECTIVE ORDER through the U.S. Postal Service, postage pre-paid with the to the following address: Respectfully Submitted, JOHN D. SHERIDAN, ESQUIRE SERRATELLI, SCHIFFMAN, BROWN & CALHOUN 2080 LINGELSTOWN ROAD SUITE 201 HARRISBURG, FA 17110 HOLT & OGDEN, LLP Date: July 31, 2001 John M. gden orth Queen Street ::t or l),r",,~A 1,7403 ~m91 m~5e550 ~'" ,,>' _~~!t";h~"-'<"tt1ltf;'';.''';;'-'''~'"-:''J ,,' ~~j;-~":""~'" Bn._ ss {:f "-,~"- ",'. ,," ""<<'C' ,., ',,,,,,.;..,, ",'~>~',', ~ II. I I II.. .. . " """""",,",","^,,~~,,~,- , " ." 1\1 I~ 0 0 ()- C --'1 :f.:. ". "D C:' IT1 n ij) ! ".~ ;~ ::J 1 .C ~~~-: ~:':;~~ (I) C) : ,--- ~ ('J .J. l. ' C) ---"j ,< i:) " ,', )c> c: :::s: (") W,"! Z C ~:- C) >- L:" (~ ITl c:_:: Z ~ ,:;:;1 --< :0 -< c,,:, -< ", """- ~ ',;) "~'" ',;~,:;"';" '~"",>,,,,;",C ',-,' ,~;,';':;",,~"),~':'";;;;;~J"'k.':~'-: "j_"~ _.-;" --,:,.." ~ > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, NO. 2001- CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. SUMMONS IN CIVIL ACTION TO: SUSAN FERREE GEORGE FERREE 7 OAK AVENUE ENOLA, PA 17025 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY OF CUMBERLAND COUNTY, BY: DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, NO. 2001- CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. SUMMONS IN CIVIL ACTION TO: TAMMY BEHRENS 9 OAK AVENUE ENOLA, PA 17025 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY OF CUMBERLAND COUNTY, BY: DATE: "'=,'f '-. ","~~- ;"~"",',-i";i"',, . ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, NO, 2001- CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. SUMMONS IN CIVIL ACTION TO: CAROL WAGNER 3236 VALLEY ROAD MARYSVILLE, PA 17053 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY OF CUMBERLAND COUNTY, BY: DATE: . "r o'.'~ _ ~",~';' '. ",-', ' . ~ ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, NO. 2001- CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant, SUMMONS IN CIVIL ACTION TO: GRACE GILBERT 21 FRISCH DRIVE DUNCANON, PA 17020 YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. PROTHONOTARY OF CUMBERLAND COUNTY, BY: DATE: ;j; .'""", ~_.!llitI1_"" -~~"~ ~..:, , ~li!iki.,;M!i!.~~'-'" ,- ~lUlt~d.!Jjill~. '.";,,,'. >:, c~~ flf --- " /0 - <:> "" -- c::: -l --.l ~ '^ 1 -- ~ \.)0-' ". ~ ~ ~ ~ c3 ~ GC; . \ 0, C' '-.; . (') c ....,;;; '. ;g ~~~ 7''.-.,''- &~[- ~ ~~~) ):~:C:~ ~ -< ~ 'I l ~ , ~ (:.) c) " ~!'" ,'>~ "'--.,) t.:'; v '-" '. .. i r-,:~ ~ :..:, -< ~'" \0 ,",--,;,," ',-.' "' Commonwealth of Pennsylvania County of Cumberland Collie Rescue of Central PA, Inc. v. George Ferree and Susan Ferree, Husband and Wife 7 Oak Drive Enola PA 17025 Tammy Behrens 9 Oak Drive Enola PA 17025 Carol Wagner and 3236 Valley Road Marysville PA 17025 Grace Gilbert 21 Frisch Drive Duncanon PA 17020 Court of Common Plea.< No. 01-3271 Civil Term 19____ In _____~~_~~_~_~?_~~5:~__:__~~~______________ Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s Carol Wagner & Grace Gilbert: To ____________,________________________________ You are hereby notified that. __________________________________~9_!~_~~__~_~~_C_~~!__~~~~~~_!_~~_~__~~~_:,________________ the Plaintiff haS commenced an action in ___~_~!D!!l_Q!:l_f?___:._~tytl___t\_,,!j,'?.!!_:__!__~~_____________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG May 25, 71101 Ilate ______________________________ TIT____ ~ --~,-'1[b~----- _jjjf'~_iRt<<'k'M.tM~.\.~"'~' ~''''_;i;Ml;l1'!iffil'jL~ri;;';'';~''';il<I~_Wi!i:-,''~'-' .~ ," , < H_'=~ .", ~25 n I :a:OJ"lG1 'Un ~ f-'. I OJ ::J (J) (J) :1>'0 -~~"I:"" <: I tQ 0,'1 0 - f-' '0 -..)~ i"l I ::J '1 '1 f-' If-' f-'. I !::j Zt.l", f-' I (J)"l(J)tQ H f-'. ,W , '1 OJ (J) (J) ::J (J) I'" !~i~j I :1>' I 3 - () ,f-' () I 1>'3 "l ~ ,-..) I rt r I '-<: :I: (J) (J) f-'. I G1 C '1 [JJ n I 0 I '1tll[JJ'1 () f-'. > ~~~i~ ::J I OJ (J) 0" (J) <: c <: I ... I ()::TOJ (J) (J) f-'. g I (J) '1 ::J f-' 8 I (J) 0, OJ 0 I ..\! . I:" , G1::J ::J H1 "l OJ I f-'.[JJ OJ 0, (J) E :<: .... f-'- ::J n ''1 == 0" 0,(fJ (J) 13 (J) n c ::J , . '1 OJ:a: [JJ rt , rt'1 f-'.OJ '1 - o H1::J OJ "" , f-'(J) f-' . , I ..~ ,..~~~ ~ ,~,,,'-".. . .~~,,~~'" ~""" ~ "~ i! ,~- _ he ~ ~~,~.~-~ , , .~ " -'-' ~ , >'."0. SHERIFF'S RETURN - OUT OF COUNTY '3~ f1 CASE NO: 200l-0.~1 P COMMONWEALTH OF PENNSYLVANIA: 'COUNTY OF CUMBERLAND COLLIE RESCUE OF CENTRAL PA VS FERREE GEORGE ETAL 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: GILBERT GRACE 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 June 26th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Docketing Dep Perry Surcharge Costs: ~~~ R. 'Thomas Kline Sheriff of Cumberland County 6.00 county 100.00 10.00 .00 .00 116.00 06/26/2001 JOHN M. OGDEN Sworn and subscribed to before me this /3f:: day of ~ A.D. P~ot~~t~~'r:"~ .2c-ol 9,1 '_IIl'''''-' ~ ~ ~ ,~~ . I ;, ~~l , ~,- SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03271 P COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND COLLIE RESCUE OF CENTRAL PA VS FERREE GEORGE ETAL 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, DEFENDANT FERREE GEORGE but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , FERREE GEORGE EXPIRED PRIOR TO MAKING SUCCESSFUL SERVICE. CORREC ADDRESS IS BELIEVED TO BE AVENUE INSTEAD OF DRIVE.. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 9.92 5.00 10.00 .00 42.92 ~ "R. Thomas K;:~ Sheriff of Cumberland County JOHN M. OGDEN 06/26/2001 Sworn and subscribed to before me this /,3 tE day of ~ 02fHJ! A.D. ~. e 1M ,p;,~"_~ Pr h notary - " ;, "~-' ~_. ;" l.'cl >~.- j;';;,0~~~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03271 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLLIE RESCUE OF CENTRAL PA VS FERREE GEORGE ETAL 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, DEFENDANT FERREE SDSAN but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , FERREE SUSAN UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. ADDRESS BELIEVED TO BE AVENUE INSTEAD OF DRIVE. Sheriff's Costs: Docketing Not Found Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 S~_e~~~:/ R. homas Kline Sheriff of Cumberland County JOHN M. OGDEN 06/26/2001 Sworn and subscribed to before me this 11~ day of 1. ~ 2CfPI A.D. g~ 0 'h1JPP,,- #- Pr t onotary > . , .-L-..;,." ','---, ., . ~-'{€i SHERIFF'S RETDRN - NOT FOUND CASE NO: 2001-03271 P COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND COLLIE RESCUE OF CENTRAL PA VS FERREE GEORGE ETAL 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, DEFENDANT BEHRENS TAMMY but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , BEHRENS TAMMY UNABLE TO SERVE PRIOR TO EXPIRATION. ADDRESS BELIEVED TO BE AVENUE NOT DRIVE. Sheriff's Costs: Docketing Not Found Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21. 00 ~~? R. Thomas Kline Sheriff of Cumberland County JOHN M. OGDEN 06/26/2001 Sworn and subscribed to before me this /3 fE day of ~ ..20-0( A. D. p~;otqr~';# , -- -,. '~,_'_"" --_, ",. ;; .'.0 .___~' , . ;"',_co '------".:'\-<-;" :_-:-----'~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, (O.,~ '---~ NO. 2001- 3.;l. 17 CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendant. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendants, GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT. Respectfully Submitted, HOLT & OGDEN, LLP BY: OHN M. GDEN o QUEEN STREET YORK, PA 17403 (717) 846-0550 '-~'~ ,~ ~, --, .-~'~.~- ,-- ,~w" "-' '- ";~--" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLLIE RESCUE OF CENTRAL PA VS FERREE GEORGE ETAL 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: WAGNER CAROL 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 June 26th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 9.00 10.00 .00 .00 25.00 06/26/2001 JOHN M. OGDEN :~~~? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 13 '!'" day of 9'1' dW( A.D. ~ 0 7h.~P;~'~A~' Prothonotar - . ~ ,'.,- . y," , ",-' ,~, '-J-, "" ;,.:~ In The Court of Common Pleas of Cumberland County, Pennsylvania Collie Rescue of Central PA VS. George Ferree eta1 SERVE: 'Gta~GUbert No. 2001 3271 civil Now, May 30, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. _. ,......,/ ~. ~~4"=~~ r Sheriff of Cumberland County, PA Affidavit of Service Now, June 19, 2001 , 20_, at 6: 45 0' clock P M. served the within Writ of Summons upon Grace Gilbert at 21 Frisch Dr. Duncannon, Pa. 17020 by handing to Grace Gilbert, Defendant a True & Attested copy of the original Writ of Summons and made lmown to Her the contents thereof. So answers, Perry County, PA 71~;;91'1L~~ . --_........... .-.-...., , NOTARIAL SEAL , MARGARETE FLICKINGER, NOTARY PUBLIC BLOOI~FlELD BORO.. PERRY COUNTY MY COMMISSION EXPiRES ,[8.16 2004 COSTS SERVICE MILEAGE AFFIDAVIT D 00 ~F; no $ Sworn and subscribed before me this oLOfl; day of ;)~ne.. , 20EL- 2.00 $ 50.00 ~ ". - ~- ,;-,,~ ~. = <-IUJi~i5 In The Court of Common Pleas of Cumberland County, Pennsylvania Collie Rescue of Central PA VS. George Ferree eta1 SERVE: Carol Wagner No. 2001 3271 civil Now, May 30, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~('?/ /~ r ~..r:~ Sheriff of Cumberland County, P A Affidavit of Service Now, June 5, ,20~, at 10: 55 o'clock A M. served the within Writ of Summons upon Carol Wagner m 3236 Valley Rd. Marysvil1e, Pa. 17053 by handing to Carol Wagner, Defendant a True & Attested copy of the original Writ of Summons and made known to Her the contents thereof. So answers, County, PA Sworn and sl,lbscribed before me this O21Jf!J day of SUI1e... , 20 ~ 1/14 i '<:Lu.T y. 'I- J:c.L . COSTS SERVICE MILEAGE AFFIDAVIT 111.00 36.00 2.00 $ I NOTARIAniEAl MARGARET F. FliCKINGER. NOTARY PUBLIC BLOOMFIELD BORO., PERRVCOUNTY MVCOMMISSION EXPIRES FEB. 16 2004 $ 50.00 ~. <l" " , .u ,_J' I . - ~-Y:ii County of of Pennsylvania Cumberland fiJ~! I 8~' I wi) ~ ~~ ~j ~ 4f/. e Iii )1' Z >______ 011 ecl r'...... Cl::_li! ~ ~ u.. -~; . ~)I (( O~"S ~I>-I if I' .......~- c .: ... Commonwealth Collie Rescue of Central PA, Inc. v. George Ferree and Susan Ferree, Husband and Wife 7 Oak Drive Enola PA 17025 Tammy Behrens 9 Oak Drive Enola PA 17025 Carol Wagner and 3236 Valley Road Marysvil1e PA 17025 Grace Gilbert 21 Frisch Drive Duncanon PA 17020 Court of Conunotl Pleas No. 01-3271 Civil Term HO_ 190___ I Civil Action - Law n _____________________________________________ To ____0____00__________________________________ Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s Carol Wagner & Grace Gilbert: You are hereby notified tba t _ _ _n ____ __ __ __ __ 00 ______________~?_~ ~~"'__1.'_EC13_c_~t!--~:"-nt-'::~-l--P."'-,---I-f1:'-~ 0 _ ___ _ _0_ ___ 0 un the Plaintiff haS commenced an action in _~_r?_~~_f!l_QD_~__-__~~~tJ-__f\_C2!=_=!:g_f!_.:___f._~~_____________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. 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George Ferree and Susan Ferree, Husband and Wife 7 Oak Drive Enola PA 17025 Tammy Behrens 9 Oak Drive Eno1a PA 17025 Carol Wagner and 3236 Valley Road Marysvil1e PA 17025 Grace Gilbert 21 Frisch Drive Duncanon PA 17020 Court of Conunon Pleas No. 01-3271 Civil Term 19____ I Civil Action - Law n _____________________________________________ Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s Carol Wagner & Grace Gilbert: To 0____._____0______________________0__________ You are hereby notified that Collie RescuJLf Central PA, Inc. "------------------~----------------------------_._-~------------------------------------------- , the Plaintiff haS commenced an action in ___;;_~lJ\~S~D_~~__=__~_t_~_t_1___~~S~t)~9n._.:___~_~~_____________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Date _~,,!..z.~!____________________ t9>_~~_ Prothonotary "dfk~'~~1'"1C~,'J n ~~~1r~!!#'<\Pi\ll1!#~~~~r'A."'-'t;:~!'I~,' ">H!,,,~Ok;&>-i;j<.'!~;-'M'ff;i~:t!'ili.-~ -lJ'V:lilllr"~ jtii~ll ~:i:/;\~~'1!!>,"'ii{,r-'o_- -~""""', ~~[R1~~ , ~O () , :<:OJ"'JGl 'Un , Z , 1-" , OJ ::J CD CD :1>0 , , -~~..~ <: , , s> , -.J~ "l , lQ Od, 0 - f-" , , I-' .. 1-" , ::J " " f-" , '0 , -.J'z '-< ~ f-" , , , i;i~~ , CD"lCDlQ HI-" , f-" , , " OJ CD CD ::J CD , w , :I> , 3 - () , N , () , , , i , ~3 "'J ::0 , .... , rt , '< :r: CD CD , -J , 1-'. , Gl C " , , b... . , (0 . >' 0 , " III (0" () . n ~, cn-.J i ::J , OJ (1)0'(1) <: , ~, ~8~ ~ e , c , 1-'. 0' , () 0' OJ (1) (1) , <: s: e , CD " ::J I 'I-'. , , h-' .l!: . " , (1) 0, OJ 0 I , Gl::J ::J t-l) , I , OJ , , :>-3 , E " ... , ". 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Civil Action - Law To ............................................. Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s Carol Wagner & Grace Gilbert: You are hereby notified that .............. __...... __.. __..... .<::9. ~.1.~ ~__ I.'.~:3.c.~ t~.. c::: n t.:- ?~..~ l'..'__!. [l~.:.. __...... _' . __._ the Plaintiff haS commenced an action in ___;?_1.J!JlJfl_QD_~__-__ft~t1-__E'>__c:!=__t.?n.__-__~_~~_____________ against you which you are required to defend or a default judgment may be entered against you (SEAL) CURTIS R. LONG Date .MaL~.~':.mmm._________ Wco.~. Prothonotary , " e, mJJ'~'m~JI'"'t'~""J nn ~~f~jfl!li<<!lIil~it$,i,@j",:YillJi,MJiliigj)f'~J!ow-J'ljUtli!;t-""~",-:~;;,,'i';'Ak,'~C'^;-;,;,n;::_'1)1,:""~"'~l;;g;'<'d~~~~.iJliiIilI:illl_~~llill ;;m~-~''''''"'''-' -~-~I""~- mill '" ~~[R1W~ , ~O , n , :E:OJ"JG'l 'Un Z , , f-'. , OJ :oJ CD CD , -i-<W"~ , <: , :<>0 !' , "a'" '"l , , lO 0.., 0 - f-' , 5~r' , f-'. , :oJ ., ., f-' '0 , , f-' , , , , CD>-3CDlO HI-" If-' t , , ., OJ CD CD :oJ CD '''' t , :<> , , !~i~j , () , 3 () IN , , t "'3 "J :u ,f-' , , rt CIl , '< ;r: CD CD ,-..] , , f-" ~ , , , , 0 , G'l ~ ., m I ;J>' , , ., tIJ C/l ., () ,n ,.' ~-J i , :oJ , s: <.n...cn i;; , S , OJ CD O'CD <: c 'f-" oot'!' , , n::rOJCD CD l< j! w. . 0 , CD ., :oJ 'f-" , &1 , . , t CD 0. OJ 0 If-' , t-< , G'l:oJ , , OJ , :oJ H1 , , E , " W. , f-'.m OJ 0. :,.., , , = , f-'. ::l n 'CD 1 I , , t a' o,Ul CD '., 1 , . , , CD n ~ :oJ . :3 , , , , , . , ., OJ:E: m rt I , , , , rt Ii f-" OJ Ii , I . , , , , , o H1:oJ '" . - t <0 , , , f-'CD f-' I , , , , , I , , , , I , I 3J#J[&J~~ -'I \ c:\,"~~,;3c\ ,t\'fI.'q '" \h~: '" 'i " 1 ._, .__~ .:-... 1 , ' , , \),~ \\1\ t, \ \I. I., I',;) , _.:<~\I-';iQ ~j,1\P" , _ ,~ j",j .J"d; c;;~ ~JI\\f~\\'" . bl ~lj\\ :- ~~:;::t:::i._~:i~;. ::':1::,_-::;:-.., :;;:~ =^~-;: -- ~---~ --- ~ -- ---- i"i1 o . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLIE RESCUE OF CENTRAL PA, INC., NO. 2001-SU-3217 - CIVIL Plaintiff, CNIL ACTION - LAW vs. CERTIFICATE OF SERVICE GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendants. I am the attorney for the above captioned party in this action, and hereby certify that on this datl!, I served a true and correct copy of a NOTICE OF DEPOSITION through the U.S. Postal Service, postage pre-paid, which satisfies the requirements of Pa.R.C.P. 440, to the following address: GEORGE FERREE & SUSAN FERREE 7 OAK STREET ENOLA, PA 17025 TAMMY BEHRENS 9 OAK DRNE ENOLA, PA 17025 CAROL WAGNER 3236 VALLEY ROAD MARYSVILLE, PA 17053 DATED:' \~()\ GRACE GILBERT 21 FRISCH DRNE DUNCANNON, PA~ .18fW .' . . gden, EsqUIre 34 North Queen Street York, PA 17403 (717) 846-0550 - ,~~~ ..:, ~--~- Co J~"'- "~"_-<' ^,';"~ ~~ t .1U rnTIIIIII -"'!l~~~~~~~~"-"''"'''' "'-""""'-")"" "'~ C':I ,,'< ,:~ ~ . .^, ~ ~.'" '.''''''',~, -- ,-- --"' o "'~ ~ -- ~.l..' ~~~ m_j =< r-..J Jiil , ',- ,-, ." , - "'~ ~ .--' ,- "- - , ~,), , . ~"i(\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA . COLLIE RESCUE OF CENTRAL PA, INC. Plaintiff, NO.2001-SU-3217-CIVIL CIVIL ACTION - LAW v. GEORGE FERREE and SUSAN FERREE, Husband and Wife, and TAMMY BEHRENS, CAROL WAGNER & GRACE GILBERT, Defendants. RULE TO SHOW CAUSE AND NOW, this Z ~ day of ~~ , 2001, a Rule is issued upon Plaintiff to show cause why the Motion for Protective Order denying depositions prior to the filing of a complaint, filed by Counsel for Defendants, should not be granted. Rule returnable within Z-D day&. crl S'..,...>,""-. BY THE COURT: ;:J /i J. ;;-,Li;. ~ -~ -_ n'. .,- ..,-.--~ ~',>- . '" ';~' " ~ ",I COLLIE RESCUE OF CENTRAL PA., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3217 CIVIL vs. CIVIL ACTION - LAW GEORGEFERREE~dSUSAN FERREE, husb~d ~d wife, ~d TAMMY BEHRENS, CAROL W AGNER ~d GRACE GILBERT, Defend~ts IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this q:~ day of October, 2001, following argument thereon, the motion of the defend~ts for protective order is DENIED. BY THE COURT, John M. Ogden, Esquire For the Plaintiff .~ \D'S John D. Sherid~, Esquire For the Defend~ts :rlm ~~_~~1iNwilli;~lM<";jlit'I"~'7'~_1 . }\il~>i!;lI"-jg;.;1"4ii,\-,;m;t~i'i1t01Mr~t:llt....:.:~~~.tit""-~II.~~.' ^-" \'-?f\jt-/:illc-.r,I'_''''' ,~{ ! /\1/" (~",-.,~ J ;"..-\,)/ -.,! \~1{1 .~ _I.'.'., ,'- ':~;~::E\f\fno C: 1R ~ t;',,;-,, :f -Lei:) ., _ _,~'L~,' __.,,~ ., ~~ V", ,-,.~~ ~ .. J.Jj~1l'"] b.'\iJl ((, COLLIE RESCUE OF CENTRAL PA., INC. Plaintiff vs. GEORGE FERREE and SUSAN FERREE, husband and wife, and TAMMY BEHRENS, CAROL WAGNER and GRACE GILBERT, Defendants " + '~-s "'_'._ ,"' -.- ,-- '":"-'" --'. ;;"_'~,.'-' ';---i-W:i'~-~!~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3217 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this ~()- day of August, 2001, argument on the above captioned motion for protective order set for Thursday, August 30, 2001, is continued to Thursday, October 4,2001, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. John M. Ogden, Esquire For the Plaintiff John D. Sheridan, Esquire For the Defendants ~ :rlm BY THE COURT, 9_D'I"01 C}- "" !Mll)J!1_~"1 , ,~ '"~ >.- "", ,)~">-', ,,,-- ""~,, """",^,- -1'", -,,__",,- ",.--" ;':>.-""_00"",'.l~ ..c""~"_..,,,,",~' '''''''-'"-"~'',-i'- " ''-ili''''~~'' -_"_~___~_ Ci j SFP ~- .' ".. I: '''L'" . . I \"',''''',-,' '""j, V JI,,_!.,_, ,L.~", ,'-.. PEi\J[\j~)YL\/\N1A -~~ n\Jlr'~, K ~~_I'_~JlI!""""," _ ~....{(---"!W*li!lm:!1#b!l'\l~~~!~~ffl!;,"~"*"Jl!-~~~"}f'>ljlf\i,;l!~M_l'I%<ll":~'l,."1W!'1~~~,~~,' , -- , ---"~ ;, -- "'J ,," " i'_<.~""'l"-"'r.-,__; , ~".;j--Yicl'''-'''''''~'' ~ '''''-': COLLIE RESCUE OF CENTRAL PA., INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3217 CIVIL vs. CIVIL ACTION - LAW GEORGEFERREE~dSUSAN FERREE, husb~d ~d wife, ~d TAMMY BEHRENS, CAROL WAGNER ~d GRACE GILBERT, Defend~ts IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this 11' day of August, 2001, a brief hearing on the above captioned motion for protective order is set for Thursday, August 30, 2001, at 3:30 p.m. in Courtroom Number 4, Cumberl~d County Courthouse, Carlisle, P A. BY THE COURT, John M. Ogden, Esquire For the Plaintiff 7f'H:!,4- John D. Sherid~, Esquire For the Defend~ts ~~ 2-/7.01 Q-. :rlm 8) ,',~--- , ~, -' ^-" Of "Y.:! ;:\')-~:~:;;~C,~)Tj:J\Y , ~\!~ \ 1 Oi p.,,"\_1 l "'II' ,') ",,;.\ . '- . ",-,'~,llt'\IY CUI\'18\::\'ui'U ~~JVd' PENNSYlV/\N;A , ~, "'% ~ --,""~ > ,~ _~~ ,~M,~.~-~__". - -. ~~'._ .",--, ",-,-"';';;_"'_"L, cr;~3 (> __ .,Il!I!ll"il!ffi~~,Jj!1I'r@R'~"'liili"::l'lI!,IW~~f;~'i\i!~"'W~';1tW"*.~t,,};-;iI;f!@'f.,.P\$;",IP'-~~!i!'&!l!W~"'$""J'&1~'''''NJ1g'',",'ml%ft-fif~~~~ ,~~;..,. , ~. ~ r ~ ~ "' ~,~ ".."'~ tiS-'- " , ".. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X for JURY trial at the next term of civil courl. for trial without a jury. . ~.~.~_....~.~~~~.~~~_._.~..._-~.~-_.__.__.~_.._-_._._~_.__._-_._-_.~..__._.~~~~-~~~~~...~~.._.___...~_~....._~...~~__~~...~u._.._...u.~....~_._.~~.....~..~ ~ CAPTION OF CASE (entire caption must be stated in full) (check one) Assumpsit Sharon L. Witter and her Husband. William E. Witter. Trespass Trespass (Motor Vehicle) (Plaintiff) ( X) r.ivil Apt-inn _ T ~1iiJ (other) vs. Michael Eugene Beers The trial list will be called on Aoril 6. 2004 and .- Trials commence on Mav 3. 2004 (Defendant) Pretrials will be held on Aoril 14. 2004 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 00 Civil 3217 19 ____ Indicate the attorney who will try case for the party who files this praecipe: Guy H. Brooks. Esquire Indicate trial counsel for other parties if known: Todd D. Getgen. Esquire This case is ready for trial. 3f--------- --~-- - ~/ Signed: Print Name: H. Brooks. Esquire Date: March 12. 2004 Attorney for: DejendaJ1.t_ , ,0/' > '"'" I , ~~ ,--..~ --..". ~ -,- ~-&' ",,- ,," ''-''~~--' -,dO-,""",,,,-,_,;-' ".; '>"~,,,-,; ,:.",-, "- , -~ ~ ", "- :1^,,\' ,c)',>i'_\',;;,.!-i~;,<'",':--'" ',' ill' 2'';;',:~,,- :'",''';;ti ~,~;~! i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the /(}~ day of fYJllP'lt , 2004, addressed as follows: Todd D, Getgen, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, P A 17101 GOLDBERG, KATZMAN & SHIPMAN, P.e. By enda J. Eberso ,Secretary for Guy H. Brooks, Esquire LD. No. 49672 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 49005.1 '--':,,;<' ~~..-- i~j:;~ ~~~'~~l*"':~' ". ' '~<'~:rli~~~",,~~~i1L"1 ( ~. t/vQ j.JJ",,'-rO-,^--"';1~'~ ., ~,,_"N'x".-~ '~ ,~,~,~~," ",-,~"'-<' ,~, _ ",...." 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