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Home My WebLink About01-03279 , . HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants ORDER AND NOW, this ___ day of August, 2001, upon consideration of the attached Motion, a conference is hereby scheduled to resolve the issues involved with Duane, Morris & Heckscher, LLP's petition to Withdraw as Counsel. A telephone conference is hereby scheduled for the ___ day of , 2001, before the Honorable Judge at o'clock a.m. J. ,""l~ .~'.~ .d_', ,,',-. <" - c -. L. ~ ....' ~ ~ r' 'Jl'IMIl"'c" HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants PROPOSED ORDER AND NOW, this day of July 2001, after review of Duane, Morris & Heckscher LLP's, Petition for Leave of Court to Withdraw as Counsel for Cart Masters, Inc. and Plaintiff's Response thereto, it is hereby Ordered and Decreed that Petitioner'S request for a ninety (90) day stay in the proceedings is Denied. Date: J. .... "~ , ~.t '" ~'.si,;jJ~';'; . JUN 26200# HOLIDAY TOUR & TRAVEL, lNC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, lNC., Defendants. ORDER AND NOW, this day of ,2001, upon consideration of the Petition of Duane, Morris & Heckscher LLP Duane, Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc., it is HEREBY ORDERED, that the Petition is granted and that this matter is stayed for a period of ninety (90) days from the date of this Order and that the withdrawal of Duane, Morris & Heckscher LLP as counsel for Cart Masters, Inc. is HEREBY APPROVED. BY THE COURT: J. --~"-----~~~~"'""""~"~11i!! 1llW'~ ~_.~ ""1llM'rn&iillll_l1<':,. 'c" 'ONWEALTH OF PENNSYLVANIA ~ NOTICE OF APPEAL COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT COMMON PLEAS No, Ot - 3;), 7? eiL)~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below, NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Taylor, Steve/Cart Master, Inc. ADDRESS OF APPELLANT 604 Salem Road 09-1-01 CITY Etters STATE PA ZIP CODE 17319 DA.TE Of JUDGMEMT 05/04/01 IN. THE CASE Of (PLAiNTIFF) Holiday TQ1ur & (DEFENDANT) Travel, Inc. v. Taylor.Steve/Cart Master, Inc vs, SIGNAT~ELLANTOR HIS ATTORNEY OR AGENT CLAIM NO. CV YEAR 00,00191,-01 L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/a wasPfl'limant (see PA R.C'p,J.P, No. 10 (6))ln action before district Justice, he MUST FfLE A COMPLAtNT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIIf'ETO ENTER RULE TO FILE COMpLAINT AND RULE TO FILE (This section of form to be u'se(j ONLy whe~ appellant was DEFENDANT (see PAR.G,P,J,P, No, 1001(7) in action before District Justice. IF NOT USED, detach trom copy of notice of appeal to be served upon appellee, , , ' ;;, ) ,,' PRAECIPE: ' To Prothonotary Enter rule upon Holida'y, T,onr &, Travel. Inc. , appellee(s), tolile,a complaint in this appeal , . , Name of appellee(s) (Common Pleas No,bl _3~'ft e, ~~t.J within twenty (20) days after service of rule or, suf T€A..w'\ RULE: To Holiday Tonr & Travel, Inc., appellee(s) Name of appelJee(s) (1) You are notified that a fulei~ here~y entered upon you to file a complaint in this appeal within twenty(20) 'days after the date of s~ice ol'tt,jis rule oponxou by personal service or by certified or registered mail. ,,~,~, " ",~, '; \ . if you do not file li;coniplilint ,jvithi~ this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE.. , , ,.,'., . (2) , (3) The date of servi~'Of this rule if service.was by mail is the date of the mailing, ;'J ,/ Dale: (Y2 'ri 'I dO '."i.,Y~r ~~ I ; . ....... a "-1> , . P 7:!2f(AA~ Signature of Prothon ry or Deputy White - Green - Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Proth, - 76 ,-"."d"" JIiI~ ~ PROOF OF $~VICE OF ,,!OTlCE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST,.BE F'ILED'WI1HIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) ~ " COMMONWEALTH OF PENNSYLVAI\!IA COUNTY OF ; 55 AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. (date of service) __~__---,-~_~_, year receipt attached hereto, and upon the appellee, (name .' on ..__._ ___, year ~_______, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. ," UpOA the District Justice designated therein on , Dby personal service [] by (certified) (registered) mail, sender's o and further that I serVed the Rule to File a Complaint accompanyingJDe above Notice-of Appeal upon the_ appellee(s) to whom the Rule was addressed on ___________~, year ~______, q by ~rs~l)al service 0 by (certified) (registered) -mail, sender's receipt attached hereto. ",.."., SWORN (AFFIRMED) AND'i?UBSCRlBED BEFORE ME THIS DAY OF _____, YEAR Signature of Affiant J.Y [> ~' ~' ~a<h',~ , ~ ' ? ~ \~"., $; ~ ~ ~ ,} ~, -< .~ I, I ^ ,~, _="""",~,_ _~'O ~,,_~~-,-.=, IQ o c $: -Oc;:; mrr~ ~iT;- W~1-:,. ~'f~:-: '> zC? .>:~~: "',~~~ Signature of official before whom affidavit was made '-' ~;i~; Title of official , My commission expires on ____, year _~_. (,.) C) "0 __, -:;,1. :;:) 1'0 ,~'., \~ ::t:J --< ~- ~~" <"~ _, ~r 'iO-,,^ "~"_'-:'"'' _~,,}, ""'>'''"_:;~~''','i__''','~_''r,' -" .<J-,'.",,_ "~".-" ".~_"'<,,~ '- ry ,~" . ~. _ 1i"V ~.~~" .. !T . , ~;".;: :fr, 'ill" "t;OMMOi\!WEAL TH OFpENNSYLVANIA ,,Q,.j:~NTY OF: CUMBERLAND .,' \ I ~,~ M~.g. DiSI;"No.: ~. ...' ; ~ '09--1-.01 <.:,/,</',1., ",: ,', NOTICE OF JUDGMENT/TRANSCRIPT '.,',.", ..,., CIVIL CASE P~AI~TIFF: NAME and ADDRESS fHOLIDAY TOUR -"It TRAVEL,"INC. """.8~;,j,STATE STREET ", 'ATTN.'JOAN BORRELl ~EMOYNE, PA ,17043 - , ',,',. VS. , 0EP.EENDANT-:, NAME and ADDRESS t. 'TAYLOR, STEVE/CART MASTER, INC. 604 SALEM ROAD CART MASTER, INC. ~TTERS, PA 17319 I DJ Name: Hon. -', .-',.~:." CHARLES A. CLEMENT, . JR. , Add""1+,O~CARLISLE ROAD ~cAM~,Hltt, FA ' , '.J 1". , T;!'PhOC' (717) 761-,4940 17011 I . TAYLOR, STEVE/CART MASTER, INC. 604 SALEM ROAD CART MASTER", INC. ETTERS, PA"17319 Docket No,: CV- 0000191- 01 Date Filed: 4/04/01 .J &~- ~ -~' ,:f:: '- THIS IS TO NOTIFY YOU THAT: Judgment: AMENDED JUDGEMENT DRFATrrll' .nIDGMF:liI'I' PLTF [iJ [iJ Judgment was entered for: (Name) HOT.TnllV 'l'OTTR sr. 'l'RlIVl"-L TN/" , Judgment was entered against: (Name) 'l'AVLOR. ll'l'F.VF://"AR'I' MAll'l'RR. TN(,! '..- in the amount of $ 1 ??1 <;0 on: (Date of Judgment) <;/04/01 . D D D D D n Defendants arejqintlYilndseVerally I'iilble.., (Date&Time) Damages will be assessedoh: ' Amount of Judgment SUbject to Attachment! Act 5 of 1996 $ Am.ount of Judgment , $ 1.146.00 ~udgment CO~ls $ 75.50 lritere,st on JU,dgment $ .00 Attorney Fees $ .00 Total $ 1.221.50 Post Judgment Credits $ Post Judgment Costs, $ ------------ ------------ Certified Judgment Total $ This case dismissed without prejudice, Levy is stayed for days or D generally stayed, Objectiontolevy has beenfiledand hearing will beheld: Date: Place: Time: " ' ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGM~-f ~UHNGA'NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA<S~~~ILD)VISf?N. YO~'... MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR T FORM WITHiYOURNcYncE.dF APPE'AI;. 5/412tiOl 'bate ,.~, ", ',., "'T"';~:[}is~~au~tic: i I certify thatthi;is atrue~ndccirrecfcopy ofHle record of the proceedi~gs 6~niainingfue judgme~t,:' ' " ~.. . 1.. \, ; Date , District Justice My commission expires first Monday of January, AOPC 315-99 '2002 SEAL -...,;, ,'Jc'::'.' .".__" c.' "_,~,, ",;,':;\,":.WI<"'_,;, 1- ~\~,~'" !: ,", ,'I;, !! I"""'" -.' ,'\, '.12-;-;~ '.-1:,." " - '- ~" C6MMONWEAL THOF PENNSYL~AJ!jJA NQTICE QFAPPEAL . ' r \ COURT OF COMMON PLEA$ 't JUDICIAL DI$TRICT ,..) FROM DISTRIC1fJUSlICE JUO~Ml:NT CoMMON PLEAS No, 01 ~ 'I' r (' ,1'-<rc,'A , ,-.j ~ 7~',-,__'19~l,.1~ NQTICEQF AI'PEAL Notice is given that the appe!l~hrha~ 'Iil~qin th~'!bove Court 01 Common Ple'!san appeal lro(l1, the judgment rendered by the District Justice on the d'!te'!nd inJheicasementioned beloW, , ' . . , " , ;,:::". NAMJ; OF APPElLANT MAG. 'Di$T. NO. OR N~ME OF. D.J. ADDRESS OF APPELLANT 604SaJ,emRoad DATE OF JUDGMENT 05/04/01 CITY STATE ZIP CODE Etters PA 17319 I~:THE GASE OF (PLAiNTIFF) HOliday ~ur & Travel, Inc~, v. (DEFENDANT) TaylorQSteve/Cart Master, .fne! I CLAIM NO. CV YEAR L T YEAR OO{)019i\,-O;l This btock Will be signed ONLY when this notation is required unde< PA. R.C,P.J.P, No. 100BB; , This notice of Appeal, when received' by the District Justice. will operate as A SUPERSEDEAS to the Judgmentfor possession in this case, If '!ppella,nt s,Ctaimant (see PA R.CP.JP. No, 1001 ,) in action before district Justice, he M' MUST FU}E A COMIi'LI'llNTwithin /Wehly (20) dews afteniiinghis NOTICE of APPEAL. " /1 Signature of Prothonotary o(Deputy ,-. PRAECIPE:, To Prothonotary Enter rule upon H0liday Tl.url & ~lf,f"01 ,Inc. , ameo.appe_ees _ ' bl -3:l'fl (!I ~\ .\] within twenty (20) days '!lter service 01 ruleorsuller'entry of judgment 01 non pros. "-re1LW''\ . appellee(s). to fife'! compl'!intin this appeal (Common Ple'!s No, RULE: To ., - . ',_" -,:< iy'"" -' _'. 'i" Hnli n"y"l'nl1","J;'Trl'lve 1, Inc,.appellee(s)' . Name,of appelle.e(s) # nt- or 'his attorney or agent Date: (1) You are notified that~~~:;f~:~~r~b,Y)~~!!lred uponyou to file ~ complairlti~ this appeal within twenty(20) days alt!l~ the date of S~~~I-~fi<'~;r~I~,~pe'lYO,~,bY personal servIce or bycert,f1ed or registered maiL : 0 "'''''':-\;) cc'"......,', '/<"9,' (2) I~NdW~~~jjlllli~\-Y':\t1~~(fs;~~~'~~UDGMENT OF NON PROSWfLL BE ENTERED AGAINST YOU, ~"... '.,~t: _'"'40 ;:,};!j f/ _ ,,< :" 'f '.:t-:-~ ," ~ J"I- f,,' ,,' (3) l'ti!: date;t>ii~Wi>l i~iS':N~~JI:s,~rvr~ ~~S'!)i,\nail is the date 01 the mailing. . 'f' _ J$:~. ~~~~~\ (~,~,~~~f'~',~:~,:' :iJZ;{:' "'~" '1~~;<\.."~Year~ ~~If > :~) 7{ '.' <;<:;,\\\;..T,~';'~:j:?' Prothonotary Copy , \~"""",,,:.~,",, Court File Copy Appelant's Copy Appellee Copy D, J,CoPY .~ " ~,~=;rr;tr~J---l ,"s!f1imtuPratnonotaf ,1 White - Green - Yellow Pink Gold Proth, - 76 .", , /""\ I." f......."'" ~: c~;J\ """""._,~--'",,,,~.~'" ,~.. -. -~,.., '.. ;-,~",;;;", '~" .., ,........_ ...., .' ,'.." ._____ .,..n_. ....<.. .~ ,~. t\':"." i-!i,"'-Hiii"'; e~,._ ..,,, J" ,'."' , ;,;'Li':' :~:,,~. ;;<'"",:'. ";>' "'_J.__--.N,,..d~~.~"'.. > . ~ " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN __;ss AFFI DAVIT: I hereby swear Or affirm Ihat I served ~ "copy of the Notice of Appeal, Common Pleas No.O 1-3 2 79 Ci ,,:il ., Term ,.' ,upon the District Justice designated therein on (date of service) _~_-.l1 , __.' year 200 L_, 0 by personal s~rviceM by, (certifiedj (/e~) mail, sender's receipt attached hereto, and upon the appellee, (name Holiday Tour & Trave , .Ine. . ' ,on May 3 1 , , year 200 1, D by personal service d!I by (certified) (re1jiN:N~ail, sender's receipt attached hereto, - ------,,-_. , - ~ and further that ,I served the Rule to File a Co:f'aint accompanying the above Notice ,of Appeal upon the appellee(s) to whom the Rule was addreSsed on ~a ~__3_,________., year ~~_~, D by personal service [] by (certlfiedrfr~ mail, sender's receipt attaChed hereto. SWORN, (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ ~U $...._ DAY OF .JIA~__, YEI\R 1:~6L, , /1 . I/; _l1)au..d~, -,I' UfA"''vi.1J~,l" ___ Signature of official beft:J-whom afkevit was made _1l.th.~_ Pw.~li~______ Title of official f My commission expires on JA o.JL~~ )0, year .:1-1)(1-1,.. ~.~4~fiant NOTARIAL SEAL WANDA l, HE~Nll/ICH. NolalY Public HlII'Mu!Q., OIlllIhin COUllI1 ' My C~... NIrdi atI. 2002 (') C> 0 ~ -n ~ -, :.1: ::D :z: nl'r- iE~ I -ofn 05? ~Ci .." -:;09. ~ ,. i :Jt R~ :,.,...I'~ ty z);1 0 ~ c.n ~ -< ~ ;, ," "-'" C IT1 ...a c U'} Postage $ ...a M Certified Fee C Return Receipt Fee m (Endorsement Required) ru c Restricted Delivery Fee C (Endorsement Required) Total Postage & Fees $ .50 3."1 !3 c ru U'J c c d c l'- IT1 ru ..Il C U'J postage $ ...a .-'I Certified Fee C IT1 Return Receipt Fee ru (Endorsement Required) Cl Restricted Delivery Fee C (Endorsement Required) C Total Postage & Fees $ ru U'J Cl Cl Cl C l'- . '= ':. ",' ~",:, - -,"'" .~""", i.-.",,,~ .' ~' . " ~ "k> _, ~,~ . - . J " l .._"',c~""" _~",aw.'.-,~ ._~" """""_~_"~,;, , HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants NOTICE TO PLEAD TO Marc A. Moyer, Esquire counsel for Stephen W. Taylor and Cart Masters, Inc.: You are hereby notified to file a written response to the enclosed COMPLAINT within twenty (20) days from service hereof or a judgment may be entered against you. LAW OFFICES STEPHEN C. NUDEL, PC Date :le/aofol ~j U)i (JO~ St hen C. Nudel,Esquire At orney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff ~' . .-"., '--, ~ '.~~,i[< I HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants COMPLAINT AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint and avers as follows: 1. Plaintiff, Holiday Tour & Travel, Inc., is a Pennsylvania corporation with a business address of 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant Stephen W. Taylor is an adult individual with an address of P.O. Box 85, Etters, Dauphin County, Pennsylvania 17319. 3. Defendant Cart Masters, Inc. is a Pennsylvania corporation with a registered business address of 335 2nd Street, Highspire, Dauphin County, Pennsylvania 17034 ("Cart Masters") . 4. Plaintiff's business provides tour and travel arrangement services and information including, but not limited to, the purchasing of airline tickets for customers. COUNT 1. HOLIDAY TOUR & TRAVEL. INC. v. STEPHEN W. TAYLOR 5. The averments contained in Paragraphs 1 through 4 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. - "-'",' ,~.- . 01. , ~~,-~ j , "-~~,- 6. On or about September 22, 2000, Defendant Taylor contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Marlin Hoffman and Gregory Carroll in the amount of $162.00 each. 7. On or about October 19, 2000, Defendant Taylor contact.ed,Plaintiff and purchased an airline ticket from Plaintiff for Marlin Hoffman in the amount of $338.00. 8. On or about November 22, 2000, Defendant Taylor contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Defendant Taylor and Marlin Hoffman in the amount of $484.00. 9. Defendant Taylor was invoiced for the tickets purchased within fifteen (15) days of each purchase. 10. On or about March 16, 2001, Plaintiff notified Defendant Taylor that payment was past due for the above referenced purchases and requested payment in the amount of $1,146.00. 11. Despite request, Defendant Taylor has refused to make payment. 12. Pursuant to the terms and conditions of the ticket purchase, Plaintiff is entitled to a finance charge of 1.5% per month (18% per annum) on all invoices not paid within thirty (30) days of billing. 13. As a result of Defendant Taylor's failure to make payment to Plaintiff, an action was filed at the District Magistrate and costs were incurred in the amount of $75.50. " "" . " .~ ,- - ~ ,"~t-_ \ 14. As a result of Defendant Taylor's failure to pay Plaintiff, Defendant is liable to Plaintiff as follows: Amount due for 5 tickets Interest on amount ,past due @ (1.5%) District Magistrate costs TOTAL: $ 1,146.00 $ 135.12 $ 75.50 $ 1,356.62 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant Taylor in the amount of $1,356.62 together with interest, costs of suit and attorneys fees. COUNTI!. HOLIDAY TOUR & TRAVEL. INC. v. CART MASTERS. INC. 15. The averments contained in Paragraphs 1 through 14 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. 16. Count II of Plaintiff's Complaint is being plead in the alternative to Count I. 17. On or about September 22, 2000, Defendant Cart Masters contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Marlin Hoffman and Gregory Carroll in the amount of $162.00 each. 18. On or about October 19, 2000, Defendant Cart Masters contacted Plaintiff and purchased an airline ticket from plaintiff for Marlin Hoffman in the amount of $338.00. 19. On or about November 22, 2000, Defendant Cart Masters contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Defendant Taylor and Marlin Hoffman in the amount - ~ , . -.-, .o'~ "!,l~~, of $484.00. 20. Defendant Cart Masters was invoiced for the tickets purchased within fifteen (15) days of each purchase. 21, On or about March 16, 2001, Plaintiff notified Defendant Cart Masters that payment was past due for the above referenced purchases and requested payment in the amount of $1,146.00. 22, Despite request, Defendant Cart Masters has refused to make payment. 23. Pursuant to the terms and conditions of the ticket purchase, Plaintiff is entitled to a finance charge of 1.5% per month (18% per annum) on all invoices not paid within thirty (30) days of billing, 24. As a result of Defendant Cart Masters' failure to make payment to Plaintiff, an action was filed at the District Magistrate and costs were incurred in the amount of $75,50. 25, As a result of Defendant Cart Masters' failure to pay Plaintiff, Defendant Cart Masters is liable to Plaintiff as follows: Amount due for 5 tickets Interest on amount past due @ (1,5%) District Magistrate costs TOTAL: $ 1,146.00 $ 135.12 $ 75.50 $ 1,356.62 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant Cart Masters in the amount of $1,356,62 together with 1- ~ _ " .- _.:.. '-" ie-" --~- ""'""",-,' Iws:n i interest, costs of suit and attorneys fees. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: <:O/d,O!C( ~ aJ. I?~~~o S ephen C. Nud ,Esquire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff l.~ ' ~""'>U,:" \ VERIFICATION I, Joan M. Borreli, President of Holiday Tour & Travel, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. HOLIDAY TOUR & TRAVEL, INC. \ Date: &/,;)0/01 . , o "."~i~'&"> HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Date: (p(J.ojol ~u),~~ Ma W. Allshous , Esquire 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff .'''' . -~'--'-' ,,,,_.-- , l'Ilii:'lMl~i, . HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLV ANlA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., Defendants. PETITION OF DUANE. MORRIS & HECKSCHER LLP. FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR CART MASTERS. INC. The law firm of Duane, Morris & Heckscher LLP respectfully moves, in accordance with Pennsylvania Rule of Civil Procedure 1012, for leave of court to withdraw as counsel for Defendant Cart Masters, Inc. and, in support thereof avers the following: 1. On May 31, 2001, Defendant Cart Masters, Inc. served upon Plaintiff Holiday Tour & Travel, Inc. a proof of service of Notice of Appeal and Rule to File a Complaint arising out of the Judgment entered by District Justice Charles A. Clement, Jr. at Docket No. CV-0000191-01. 2. To date, no Complaint has been filed in this matter. 3. To date, no discovery in this matter has taken place. 4. As of May 31, 2001, Defendant Cart Masters, Inc. has not tendered to Petitioner Duane, Morris & Heckscher LLP fees incurred for legal services rendered on Cart Master, Inc.'s behalf. 5. Petitioner has repeatedly attempted to receive clarification from Cart Masters, Inc. regarding its continued representation of Cart Masters, Inc. and the outstanding legal fees presently due and owing to Petitioner. i. -~, ~Ilk.~""'" -, '-., '~-"~-'-';tiM" . 6. To date, Cart Masters, Inc. has not responded to Petitioner's requests for clarification regarding Cart Master, Inc.' s intentions with respect to its outstanding legal fees or Petitioner's continued representation of Cart Masters, Inc. 7. Based upon Cart Masters, Inc.' s continued failure to tender payment of its legal fees to Petitioner and Cart Masters, Inc.' s failure to communicate with Petitioner regarding its continued representation of Cart Masters, Inc. and non-payment of said fees, Petitioner seeks to withdraw from its representation of Cart Masters, Inc. 8. To date, Cart Masters, Inc. has not provided Petitioner with information regarding whether it has retained other counsel in this matter. 9. Petitioner therefore requests a stay of ninety (90) days in this matter for the purpose of providing Cart Masters, Inc. with sufficient time to retain counsel. lO. Petitioner believes and, therefore, avers that Defendant Cart Masters, Inc. will not suffer any prejudice by the withdrawal of Duane, Morris & Heckscher LLP as counsel in this matter. 11. Petitioner does not plan to fIle a Brief in support of this Petition because the grounds theretofore are set forth fully herein, because counsel is aware of no controlling law other than Pennsylvania Rule of Civil Procedure 10 12 and the informed exercise of discretion under the Rule, and because counsel does not wish to incur further expenses as to which payment is extremely uncertain and improbable. - 2- :,,-," - "" ~.J."'h-*"y . WHEREFORE, Petitioner Duane, Morris & Heckscher LLP respectfully requests that it be permitted to withdraw its appearance of record as counsel for Defendant Cart Masters, Inc. and that this matter be stayed for ninety (90) for the purpose of providing Cart Masters, Inc. sufficient time to retain counsel. Respectfully submitted, Date: 6Ac/1) I By: B Ian W. Bisigna Esquire Attorney I.D. # 982 Marc A. Moy r, Esquire Attorney I.D. #76434 305 North Front Street, 5th Floor P. O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Attorneys for Defendant Cart Masters, Inc. HBG\11668.1 - 3 - ~, , . ;:".,.~ ,- '-' . '-I .,~ - , >~"':m~J,-' " . ATTORNEY VERIFICATION I, Marc A. Moyer, hereby depose and state that I am an attorney with the law firm of Duane, Morris & Heckscher LLP and make this Verification on its behalf. I further state that the factual statements set forth in the foregoing Praecipe for Leave of Court to Withdraw as Counsel for Cart Masters are true and correct based upon knowledge or information and belief which I have obtained in representing Cart Masters in this case, including correspondence and conferences with it. This Attorney Verification is made subject to the penalties of l8 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: 6010) oyer, Esquire . ~ .,-, 0"' .> ;~ltU__c_ ~ ".,. .. CERTIFICATE OF SERVICE On this ;2O'ct.. day of June, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Petition of Duane Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc. in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Holiday Tour & Travel, Inc. Attn: Joan Borreli 829 State Street Lemoyne, P A l7042 Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters, PA 17319 ~M.~~ Ruth M. Forsythe i~~~~4~ir,ji~di~'h-"tyNiai,i>W~>M,~,;!:1~~~ii,mg);~I'~~Llf-i""i",;'",ill',"'H.liidl~fi!\~~i1!ii1!I!;j.~j:,ll!llll1lir[ ~"~'~illlili'H~.' ^' ....,..""""~~.. -C'\ Y-.i..... <r ~~,,_~,' ~,'J,,>"'_~. . _ ,~_.~.,,,, "" "O~^"','-_~'""_ _,~~,~_c, .'" ""_~'u .c_ .'~"~~"" ""I"""'~""" ,~"", ~-=~-- " ; ,_,,, ',''''" 0-. ,"" " ~_"'~,= - o c .,~. -01.';,- ~g.-: en,..:-' ~' ~t-_: ~2 ~ c_" ~__"'" .., ..,.. CJ o " c_ c:: ,0)- .....,J r") ;-q .-=? ,--', '::...-c! N r--'": ,..)i'h --, 1S -< '0 ~~~ ~M - " ,- -~- , ~~- "~ HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., Defendants. CERTIFICATE OF SERVICE .6C On this~ I day of June, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morrili.& Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Petition of Duane Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc. in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 (Counsel for Plaintiffs) ~14.~ Ruth M. Forsythe HBG\78003.\ .:~ ~~- ;...'''';' ~~~!!i,,'t:lll:'{lJ~"~']f,l@ii.'1sM,,"*iJPJ~.d:\,<,"J,;" Y(""J""-..~ ~ ,~" .""!f"l,~ .""c"" . .~~~~ ",~"',",~<'""".,"" >h,."M~"'''';~'''~~'''' ~<~~.'trI!litlmli~ ~ ,'....,.."'.'",',<~..,'~-,",., ."..".,-~r~.~ o.~,,~ e.u~, ~. ,._._"..?, ".~" n 92~ z:-- ~~~; )~~ ::-..::J -< ,~-~- ",.~~ .,. -~ Iii !J, ,l, 11, " H, ',ii ill Ii ~ i " !i n :.t: 'i'.') C. .. :;::<,., ~ o . ~ ~, "~ ~,_"' ~o. r.' - '''', ' ,- w- ",~' -iIiI!lij~ HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANlA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., Defendants. RULE TO SHOW CAUSE AND NOW, this ~~ daYOf:r ~ ,2001, upon consideration upon consideration of the Petition of Duane, Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc., a Rule is hereby issued upon Cart Masters, Inc. to show cause why the relief sought in Duane, Morris & Heckscher LLP' s Petition for Leave of Court to Withdraw as Counsel should not be granted. Rule returnable twenty (20) days from days after service thereof. ~~ L 1.j.-OI J. Jl '.-.lc . _"' ,,'J.-,"M~ "";,-- "~~.,,-,..,..- "'"'~';;'i HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., Defendants. CERTIFICATE OF SERVICE On this 3/L 1ay of July, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the July 2, 2001 Rule to Show Cause in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, P A 17101 (Counsel for Plaintiffs) Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters,PA 17319 ~dJl!/Mr Ruth M. Forsythe HBG\78734.l I~A~~~~t~f.;"~"::;l.di"',idiiio0'A'-'l;'$.;;;r'ii:,,;.~k0.\'iJi'''"'l> l+'"\~%f.-,,""M~"'~~I&~~ ~ ".,- ~ ~ .~~-~- ~ ~~,"",",^~"~" -~,-,". ~_ '...~ "--:f!,~"J!11 o c:: d~~I .,.:;;"-.'- -y'-' -<- vi j--2 ~_ ~;~ )> ,-, '- 1 cT r",,'J =~) (;c . ~~ 1,-> - '~' L ,_ pj(_-""'1~:: ,. HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-3279 Civil Term STEVE T AYLOR/CART MASTERS, INC., Defendants. RULE TO SHOW CAUSE AND NOW, this $"'" day of :r ~ ,2001, upon consideration upon consideration of the Petition of Duane, Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc., a Rule is hereby issued upon Holiday Tour & Travel, Inc. to show cause why the relief sought in Duane, Morris & Heckscher LLP's Petition for Leave of Court to Withdraw as Counsel should not be granted. Rule returnable twenty (20) days from days after service thereof. J. ~ ()~O\ ~~l.l;~W~iN"tl.i'~,-C,,;d;i"-.illdl,;;!'iik~Wclq'J"':,"'~';'-Jlg, "'!hH%i;;;;~"f-c'ldGt*""!""~"'i',''iillf~~~~~'''''''''. .s::'~- ~p .~."_ w ,-wS'11'\3c . '\j",~~\} (';\~.\ :i;'q'J,(~.\\N( '\{) ~~"J'.,("'" , ,,' -... \ \\,\\ \) f\....' _,,,r" (",<'" nH . -/ l.'.' _.=. ,~--,'-~' -, ",~,-'",~"""'- -.^ \n \'0 " -- ,~, ItDlll! M _., _" Ii I! Ii I:: " Iii i! " jl ,I \1 il '! I, Ii II I I I I I ','~'~r~o Michael W. Winfield, Esquire Attorney J.D. No. 72680 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Stephen W. Taylor HOLIDAY TOUR & TRAVEL, INC., Plaintiff v. STEPHEN w. T AYLOR and CART MASTERS, INC., Defendants . , ".." .-'~' - - ,-,,", ,,', '-" T_' -w-""'" : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION - LAW : NO. 01-3279 NOTICE TO PLEAD TO: Holiday Tour & Travel, Inc. and Mark W. Allshouse, Esquire Law Offices of Stephen C. Nudel, P.C. 219 Pine Street Harrisburg,PA 17101 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. 395846.1 \.. ( By: Attorneys for Defendant Stephen W. Taylor 1'-~ r. "~~ L_ ' " ~,~ > ~" ~ -, .'- ,- '_ ,j,~ ~-" .c,.t 1J!!1 'l!l'.il.i!I"b< Michael W. Winfield, Esquire Attorney LD. No. 72680 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17l08-1146 (717) 233-5731 Attorneys for Defendant, Stephen W. Taylor HOLIDAY TOUR & TRAVEL, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : CIVIL ACTION - LAW STEPHEN W. TAYLOR and CART MASTERS, INC., : NO. 01-3279 Defendants DEFENDANT STEPHEN W. TAYLOR'S ANSWER TO COMPLAINT NOW COMES, Defendant, Stephen W. Taylor, by and through his attorneys, Rhoads & Sinon LLP, and hereby answers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. This paragraph contains no averments of fact, and therefore requires no response. 6. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered two airline tickets on Defendant Cart Masters, Inc.' s account for the 395631.1 , i '."' ; ,:i; t,;, , ~ - ~"~n individuals stated in the Complaint. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 7. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered an airline ticket on Defendant Cart Masters, Inc.' s account for the individual stated in the Complaint. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 8. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered two airline tickets on Defendant Cart Masters, Inc.' s account for the individuals stated in the Complaint. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 9. Denied. Upon information and belief, Defendant Cart Master, Inc. was invoiced for the ordered tickets. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 10. Denied as stated. It is admitted only that Plaintiff issued a past due notice for tickets purchased by Defendant Cart Masters, Inc. It is denied that the past due notice was sent to Defendant Taylor in his individual capacity. Defendant Taylor is without information sufficient to determine when said notice was issued, and therefore can neither affirm nor deny whether it was issued on the date averred. -2- -- ,,---,,,, ~. ^-I--.- - -M;' 11. Denied. It is denied that Defendant Taylor was requested to make payment, or that Defendant Taylor would be responsible for any payment to Plaintiff. At all times relevant hereto, Defendant Taylor was acting on behalf of Defendant Cart Masters, Inc. as its agent, which was disclosed to Plaintiff. l2. This paragraph contains conclusions oflaw which require no response. To the extent the paragraph is deemed to require a response, the paragraph is denied insofar as any written terms and conditions would speak for themselves. In further answer, Plaintiff is entitled to nothing from this Answering Defendant. 13. Denied as stated. It is admitted that Defendant Taylor made no payment to Plaintiff for tickets purchased by Defendant Cart Masters, Inc. on Defendant Cart Masters, Inc.'s corporate account. It is denied that Defendant Taylor had any obligation to do so. It is admitted, upon information and belief, that an action was filed with the District Magistrate. Answering Defendant is without information sufficient to determine the truth of the remaining averments and therefore denies same. 14. This paragraph contains conclusions oflaw which require no response. To the extent a response is required, it is denied that this Answering Defendant was obligated to make any payments to Plaintiff for any tickets ordered on behalf of Defendant Cart Masters, Inc., or that he is liable to Plaintiff in any amount. 15. - 25. These paragraphs are addressed to a Defendant other than this Answering Defendant, and therefore require no response from this Answering Defendant. - 3 - ;-.;,.--_.->, ~- ~=----" :2I,;"i, WHEREFORE, Defendant Stephen W. Taylor respectfully requests that this Court enter judgment in his favor, dismiss the action with prejudice, and award him costs of defense, including attorneys fees. NEW MATTER 26. Defendant Taylor incorporates by reference his answers to paragraphs 1 through 25 as though set forth here at length. 27. At all times relevant hereto, Defendant Taylor was an employee of Defendant Cart Masters, Inc., acting as its agent and on its behalf in ordering airline tickets for the business purposes of Defendant Cart Masters, Inc., on Defendant Cart Masters, Inc.'s account with Plaintiff. 28. All tickets referenced in the Complaint were ordered on Defendant Cart Master, Inc.' s corporate account with Plaintiff, which had been established for that purpose. 29. At all times relevant to the allegations set forth in the Complaint, it was disclosed to Plaintiff that Defendant Taylor was Defendant Cart Masters, Inc.'s agent, and Plaintiff knew and understood that Defendant Taylor was acting as Defendant Cart Masters, Inc.'s agent, and not on behalf of himself. 30. At no time did Defendant Taylor contract, or otherwise agree, to be responsible for Cart Masters, Inc.' s purchases from Plaintiff. 31. Defendant Taylor is not currently an officer, director, employee or shareholder of Defendant Cart Master, Inc. 32. As an agent acting on behalf of a disclosed principal, Defendant Taylor is not liable to Plaintiff. -4- ,,"...~~ ,., ., ,I L '-< ~ ...;.,,ili, -,- '~ WHEREFORE, Defendant Stephen W. Taylor respectfully requests that this Court enter judgment in his favor, dismiss the action with prejudice, and award him costs of defense, including attorneys fees. Respectfully bitted, By: Attorneysfor Defendant Stephen W Taylor - 5- . ,," -" ~ L,'~,', 07/26/01 THU 17:22 FAX 717 231 6637+ RHOADS SINON LLP VERlFICATION Stephen W. Taylor, deposes and says, subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. ,-.--- Ste!:~~'Y ..~-"~" ~008 '.'-' ";-'. "'-, CERTIFICATE OF SERVICE I hereby certify that on July 30, 2001, a true and correct copy of Defendant Stephen W. Taylor's Answer to Complaint was served by means of United States mail, first clllSS, postage prepaid, upon the following: Mark W. Allshouse, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 ~;~ ~_il~~.llt~n,~~ti'''<'ik,j''~;;'-''Th~~:''ji_li1r' ~, ". ,,~" ~ W"~,' ."~.. ~~iiiI.i;~II.'~ ~'R'''' ~~" M"'.,.~," '", ~ ,. ~"~" .~..' _J ~. ~. [" ) ",- ~, . e l." '"~ I d ~ ,::",,,,,.-..", TI--~''''''''"'~~' HOLIDAY TOUR & TRAVEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., Defendants. CERTIFICATE OF SERVICE On this 9th day of July, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the July 5, 2001 Rule to Show Cause in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 (Counsel for Plaintiffs) Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters, PA 17319 ~!J,;.oo~~ HBG\78926.1 ~_~~.'il!Il~~AHjj~M.i:N~iidlM~WrflU!lit~.clii",~)tl'.illbioi~'g~,;",;;;iw"~~.~"LO;,;l~iir>ig,~~.2,:;!I'lr' s:-~- C,,-l ~f) " "" .. ~ - ~ ,"~ " ~, ~ ~ . .. .~ " lIiItlll -~ M"Jli.1IIl~iiIMi " . _'~."~H - ~-~~ (") ~ d1F~-': , . 7;\"' (/~ . ;:::::. ~;:.~ ~~ ~~: -":>',. 5fi~ ..~ i , ~-':., r~-,) -=c " '0 =< ~, C:J . . .1 "'___~ ,~_ """'- ~ , ~ill- , HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants PLAINTIFF'S RESPONSE FOR PETITION OF DUANE, MORRIS & HECKSCHER, FOR LEAVE OF COURT TO WITHDRAW HIS COUNSEL FOR CART MASTERS INC. AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files the following Response to the Petition of Duane, Morris & Heckscher, LLP, for Leave of Court to Withdraw as Counsel for Cart Masters Inc. 1. Admitted. 2. Denied. To the contrary, plaintiff filed a Complaint with the Prothonotary of Cumberland County on June 21, 2001 3. Admitted. 4. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 4 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 5. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 5 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. " " l ~ . ""...... ' ~~"'^" 6. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 6 of the petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 7. Denied. Aft~r reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 7 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 8. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 8 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 9. Denied. To the contrary Defendants have created their own peril and are ther~fore not entitled to a stay in proceedings of ninety (90) days to retain new counsel. By way of further Response, Plaintiff will b~ severely prejudic~d if these proceedings are stayed ninety (90) days and Plaintiff is unable to proceed with its cause of action. 10. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 10 of the petition of Duane, Morris & Heckscher, LLP. To th~ extent relevant, proof thereof is demanded at trial. ~. -L J..<.." ~.......... ' ~ ~. l;,;~, , T 11. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or falsity of the averments contained in paragraph 11 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. WHEREFORE, Plaintiff, Holiday Tour and Travel Inc., respectfully requests this Court to an order denying for a Petitio~er's request for a ninety (90) day stay in the proceedings to provide Cart Masters sufficient time to retain Counsel. LAW OFFICES STEPHEN C. NUDEL, PC Date:t% JJ(J..OO{ Ste hen C. Nudel, At orney ID #41703 Ma k W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff _t_ " ~~--" . HOLIDAY TOUR & TRAVEL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Date:~ d.3/~W J Ma k W. Allshous 21 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff ,- ~jl.k' .. HOLIDAY TOUR AND TRAVEL, INC., Plaintiff V. STEPHENW. TAYLOR AND CART MASTERS, INC., Defendants ,","L'_,_' ,'-; -,,"-' --~ < -...", : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-3279 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of AUGUST, 200l, leave is granted to Duane, Morris and Heckscher, LLP to withdraw as Counsel for Defendant Cart Masters, Inc. All proceedings to stay for thirty (30) days to give Defendant Cart Masters, Inc. the opportunity to obtain new counsel. Mark W. Allshouse, Esquire 219 Pine Street Harrisburg, Pa. 171 0 1 Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP P.O. Box 1003 Harrisburg, Pa. 17108-1003 :sld Edward E. Guido, J. l:::ol i~M-Mii~~~<!i!m~w;ii!iiSf~\lml.iolJ"'W1iIim:i,J!j~~~~jt:r""'~~~ '.'i1i1ll~'J:lt ."".. ,~ ^, ^ "f\N\J?\\~~~t~l~g~N~\ /) __{'. r-.,.c ,- 1;",.1,- \ ,\\"(,, , \ . \. ",,' i"\",_l\\\_"-- ".' 'j ,,\i ^ \. '.' '::i .', . , ~ I (j'\,ij.C><C:'\ t-. -'J~' 1 j'.J\:: " ~">,,, , _. _ , ,~ _~ ~_M N ,.~ - ,'-,~~. _..', , -- ~" '.., ,<, - ~, '('2 :J\y,j \ J .' , . , I "\) (>J\\,= ^'^ --,,~, -', .. ! ':;.~.>_""",,"~L" ,~~ ~" '" ~ '-- .t1j.:.:.t~~g . HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants MOTION FOR JUDICIAL CONFERENCE AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Motion for Judicial Conference as follows: 1. On June 21, 2001, Duane, Morris & Heckscher, LLP, filed petition for Leave of Court to Withdraw as counsel for Cart Masters, Inc., to the Prothonotary of Cumberland County. 2. On July 2, 2001, a Rule to Show Cause was issued upon Cart Masters, Inc., to show cause why the relief sought by counsel should not be granted. 3. On July 5, 2001, a Rule to Show Cause was issued upon Plaintiff to show cause why petition to Withdraw should not be granted. 4. The Rules were returnable within twenty (20) days of service. 5. It is believed and therefor averred that no response was filed by Cart Masters, Inc. ",.~,,= ,-~"",'-~" - ~~ . ....... - .....~~-,.,'~-~- . 6. Plaintiff filed a response on July 24, 2001, objecting only to the time period which counsel requested this matter be stayed in order for Defendant, Cart Masters, Inc., to obtain new counsel. 7. Counsel for Cart Masters, Inc., had requested a ninety (90) day stay in proceedings and Plaintiff had objected and requested only thirty (30) days be allowed. 8. It has been over thirty (30) days since the Rules to Show Cause were issued. 9. Plaintiff requests a Judicial Conference in order to determine the amount of time to be granted to Cart Masters, Inc. to secure new counsel before Plaintiff can proceed with its cause of action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a Judicial Conference to resolve the issues involved with the petition of Duane, Morris & Heckscher, LLP, withdrawing as counsel for Defendant Cart Masters, Inc. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: (J!Iy/o/ St hen C. Nudel, Es ire Attorney ID #417 3 Mark W. Allshouse, Esquire Attorney ID #78014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff ",","",- '. '-0 - -^~i'~~!iI:1i:>~ " HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Date: 8//11(0( t1d Z]. Mar W. Allshouse, 21 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff ,'. ~, .~~ - . "~- ~~ ".~~..- ",-, ;.i '~~""-,, . .. , HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants MOTION TO DISCONTINUE AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files the following Motion to Discontinue the above referenced action without prejudice against Defendant, Stephen W. Taylor. 1. On June 21, 2001, Plaintiff filed a Complaint against each of the above named Defendants for their failure to make payment for goods and services provided by Plaintiff to Defendants. 2. At the time of filing, Plaintiff had a reasonable belief that Defendants were jointly and severally liable. 3. Since the date of filing, Defendant, Stephen W. Taylor, has provided Plaintiff information to indicate that Defendant Stephen W. Taylor was purchasing tickets from Plaintiff on behalf of Cart Masters, Inc. 4. Plaintiff wishes to Discontinue its action against Defendant Stephen W. Taylor without prejudice. 5. Plaintiff retains its right to join Stephen W. Taylor to this action as a Defendant at a later date. ~w""f"'w' - ~ - ,-~." l-~_, .......,..:~~,;:;,:,-' 6. Neither Defendant will suffer any prejudice if this action is discontinued without prejudice against Defendant Taylor. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order discontinuing the above captioned action without prejudice against Defendant Stephen W. Taylor only. This action should remain docketed against Cart Masters, Inc. LAW OFFICES STEPHEN C. NUDEL, PC ude , Esquire At orney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff " .". ;~ _ ~ . J " ... ~" - "', c;.., ,_,- ~ _ - - '"' " 'i~);, HOLIDAY TOUR & TRAVEL, INC., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Michael W. Winfield, Esquire Rhoads & Sinon, LLP One South Market Street 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Date: 8!a9Dl M k W. Allshous , Esquire 2 9 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff 1~~'@'i'!>lhid2.ii-tiJ@!'_~f::-";;,,lc~'[",".,~.y'''i "',",A-~"til;",,&,,;-!,n"'~~Ni.l:'ht:;,H.\-I\"+ ,"1"-l."tL"'~"d\t,,_,1i";i-:" """-'-,!-~",1\ii,i,;Ji~_C . ~ '" - """-,'~~- ,~ ~-">,"' --." ^" '^ ., ~ ;'" >c,=~:~ iIoi"~Mi -- ~~ J~hi.--l ~~ ,-~ o c <- vti: ~q; zt-~- S2'~~ r::f:J -":'::-,--- "<-r', )> ?;~ :::! " j 1 1'~-.lill- 'I co o -';--1 "'" r- ei.) N IT] ;:-:::1 --0 () -7i ,./:~ (~ C): ::;1 ::";:J -< "" .-J '- ^--, ~ '-.~ .-- ~i0<Wt':':,,' " , HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants AND NOW, RULE TO SHOW CAUSE this ttt'day of August, 2001, upon consideration of the attached Motion, a Rule to Show Cause is hereby issued upon the above named Defendants to show cause why the relief request in Plaintiff's Motion to Discontinue against Defendant, Stephen W. Taylor, should not be granted. This Rule is returnable in ;0 J. ~ ~~-;.l ).... ~ . ~$dlli;WiiWl!~tiJlli~-U.;;i_"'~_~-'_M';'WJk?~;IL~::\""l:i,,';i<"lma;;M;Bu~,'H,"'Jf,,,,,_q;; -K'''-~;:M'_'':hrl;Ni6,:<,-,'~''_1;i~,~MD "",-, ~~.lill,[ ~ ~i t1 ~, .3- , . ~i 1J" f'u ""~- --, "'.~~'-~ .>. \'/I_~_lt ,,- A11,ln;.'i.~'I~/),E'Nln,i " '\j--} ~ I\:'"''''l'_:~":~'::('rrll''' '/\'1 h_.J 21 :s I'" " v p:? ::, I"'; ".. cl. 1 .~ i,t!Vi:"':' >-.......' i-~-. _o~_.= ___~,_""~" .~,_~.", .~.'W" ,,__'~~_v. _.~,~, ~ ~ , -~-.- Jlw.,~~-"i.il:jii;ij.".~!d~I~ .~~,~ II Ii " ,I II ii " .. j -'-_..~~- - ~,L .._....."'.~~.""""""~" liIlll J ~ "-'~," . ; ~ HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant Cart Masters, Inc. in default of an Answer in the amount of $1,356.62 computed as follows: Amount claimed in Complaint Total $1. 356.62 $1,356.62 I hereby certify that appropriate Notices of Default, as attached, have been mailed in accordance with Pa. R.C.P. 237.1 on the dated indicated on the Notices. DaJ;c: ){))3 );;;00 1 ~D<it0. ~. M rk W. Allsho e, Esquire Attorney ID #78014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff Plaintiff: 219 pine Street, Harrisburg, PA 17101 Defendant: Cart Masters, Inc., 604 Salem Road, Etters, PA 17319 ~ _J _ . I _ , ,- --Jil:il,,*,,' , .. HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants IMPORTANT NOTICE TO: Cart Masters, Inc., Defendant DATE OF NOTICE: September 20, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES STEPHEN C. NUDEL, PC J. 0if1 phen C. Nudel, A torney rD #41703 ark W. Allshouse, Esquire Attorney rD #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff -~~~ > ~ ~~ - ~ ,~,' '"-~ '" ""', T HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants NOTICIA IMPORTANTE A: Cart Masters, Inc., Defendido FECHA DE NOTICIA: September 20, 2001 USTED HA NO COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y US TED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES STEPHEN C. NUDEL, PC tJ S ephen C. Nudel, ttorney ID #417 ark W. Allshouse, Esquire Attorney ID #78014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff ~f!.ii!~~~ii~l!'!;i<~!Ji!_i:!~~I!!!1~Itij:i?"'HO;iC"-lli"'*,di'i~~;:';-~'''- ,'-'j;"ft;!'.1!l'~-";i-rtil'.fli_"''''''''''''- ~- rr , -~ ,- .."," ~~-. ,"".. :iiM!~~i ,- - ]~'<llf.~..Jj.K ~;- "'~ .~ ~,-" ""''''',;-, , Ii: C) , ~~ . ;=rif,\"- ,r::) '. ~; ;;~. ..; Z r~ (n ~~ :;;:,-, Z (; , j:-': C ~~ c z :n ~ :0 (" -< -~. CO I;.". j'_'-'-' - ~~" ~ - A. , HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants NOTICE OF JUDGMENT To: Cart Masters, Inc., Defendant You are hereby notified that on OeJ;;Ju. 'f...... , 2001, Judgment was entered against you in the sum of $1,356.62 in the above captioned case.' Date: C9~ 4 aM.> I I ~a_t r= Prothonotary t. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 I hereby certify that the following is the address of the defendant stated in the Certificate of Residence: Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Date: lo/~/20ol ~~{s~~~uire Att rney ID #78014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff ?' - ~~,~-j ~ ., ; _~".'b:!&" '- < . \ HOLIDAY TOUR & TRAVEL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants NOTICIA IMPORTANTE A: Cart Masters, Inc., Defendidoja Isted esta siendo notificado que el de del 2001, se anoto en contra suya un fa110 por confesion en la suma de $1,356.62 en el caso ffiencionado en el epigrafe. Fecha: protonotario US TED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Certifico que la siguiente direccion es la del defendidoja segun indicada en el certificado de residencia: Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Date it(3/2.o01 Ma k W. Allshous , Esquire At orney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Abogado del Demandante " 'l1 ~. ~M _ ~ - ,- ~-', '~~-i;~ ,,_, -' 1 HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants MOTION TO MAKE THE RULE TO SHOW CAUSE ABSOLUTE AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nude 1 , PC, and respectfully moves this Honorable Court for an Order making absolute the Rule to Show Cause dated August 27, 2001, and directing the Prothonotary of Cumberland County to discontinue the above captioned Action against Stephen W. Taylor, only, and in support thereof avers as follows: 1. On or about August 27, 2001, this Honorable Court entered a Rule to Show Cause against Defendant's to show cause why Plaintiff's Motion to Discontinue against Defendant Stephen W. Taylor should not be granted. A true and correct copy of the Rule to Show Cause is attached hereto and made a part hereof as "Exhibit A". 2. The Rule to Show Cause is returnable within twenty (20) days after the expiration of the Stay in proceedings previously ordered by this Honorable Court had expired. 3. Previously, a Stay in Proceedings was issued by Order dated August 20, 2001, for thirty (30) days and expired on -"'~,-'"~ _.- .~ . , '-"'-~" -,~ -- ~~t-_~,,_': , September 19, 2001. A true and correct copy of the Order is attached hereto and made a part hereof as "Exhibit B". 4. As a result, the twenty (20) days given for response to the Rule to Show Cause dated August 27, 2001, expired September 9, 2001. 5. As of the date of the filing of this Motion, no Response has been filed by either Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order making absolute the Rule to Show Cause dated August 27, 2001, and directing the Prothonotary of Cumberland County to mark the above captioned matter discontinued against Defendant Stephen W. Tavlor. onlv. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Date: /O(IO( o{ . S ephen C. Nude , Esquire ~ torney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff HOLIDAY TOUR & TRAVEL, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants AND NOW, RULE TO SHOW CAUSE this ~day of August, 2001, upon consideration of the attached Motion, a Rule to Show Cause is hereby issued upon the above named Defendants to show cause why the relief request in Plaintiff's Motion to Discontinue against Defendant, Stephen W. Taylor, should not be granted. This Rule is returnable in daYS~~~t~ ", ~~ .~~,ll-~. J. fRUE COpy FROM RECORD In Testimony whereof, I here unto SGl my hand and the saal of said Court at Carlisle, Pa. This ~ "1' d;;y, o!fl;;':.~ ~ ~I ()'7' r; , ~If/t. Prothonlitarf .."n""",,~;Il;!i51A'illrtv.~"<'f,lII.""'~~ _._ r~~;'<;''''''__~M'''''~_ .__lililS.-~.~__..!..--J. ~:m~)p;,.,...........,~~~~~;.::wn~'rt!~~~Ji..j"9<~~.~~~..~~~~'!"?~:~~;-;' ~-~ < .--- HOLIDAY TOUR AND TRAVEL, INC., Plaintiff V. STEPHENW. TAYLOR AND CART MASTERS, INC" Defendants -=-, . , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2001-3279 CIVIL TERM ORDER OF COURT AND NOW, this 20TH day of AUGUST, 2001, leave is granted to Duane, Morris '- and Heckscher, LLP to withdraw as Counsel for Defendant Cart Masters, Inc. All proceedings to stay for thirty (30) days to give Defendant Cart Masters, Inc, the opportunity to obtain new counsel. Mark W. Allshouse, Esquire 219 Pine Street Harrisburg, Pa, 17101 Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP P.O. Box 1003 Harrisburg, Pa. 17108-1003 :sld Edward E. Guido, 1. ~,-" .'- :-." ".&--- 1Ii~-';t_,__ - ~. - ""'" ri#'elfr HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Michael W. Winfield, Esquire Rhoads & Sinon, LLP One South Market Street 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Date: lojlc(ol , k W. Allsho A torney ID #7 014 219 pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff (~~li~~j~l:t1,~ji,.;M;,)-:.;ti.".1mi,~.,lli1~~J>&"-iliiffii~g~M4%,;,jJ;.~" [5' J(jJ '" ""'".'~" ~m'"~ ., ,~~.~." '"'i,,~,,:-<'''~'''h ";"~';e".<;&"'A',.,,";;~-M~"_~M~~,!"~~ttu.ii(T - ~-- .. - -~--=. - ',' -~', ~; D~:, ~l~~: :::.~...c. )~:E: .,.,:.. -, _./ , , ~"'~-~-. ~2 ~~ .~ ..-) -I h:, , ) -~~, ....J ----:=-~ =< I ',I I I II II I I I II !I :1 j , , . ,4 -..I . , ~_t<' ,......'j ,- I ~ ~. "'. I'i""li'~"";: HOLIDAY TOUR & TRAVEL, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 01-3279 STEPHEN W. TAYLOR and CART MASTERS, INC., CIVIL ACTION - AT LAW Defendants AND NOW, this ,I" day ORDER of October, 2001, upon consideration of the attached Motion to Make the Rule To Show Cause Absolute, it is hereby ordered that the Rule to Show Cause dated August 27, 2001, is maoe absolute and the Prothonotary is directed to discontinue the above captioned action against SteDhen W. Tavlor, onlv. The action shall remain active against Defendant Cart Masters, Inc. ~~ tv,' Jr J. ~~>..ti/,;!il~~~~,,j*~!t-ii;ll'ihl~'!!!r~&IiI~~i~!ONW.\;u~_\'!'!l!.;;;'Ii1!\:''_W.T.""" 'f>",._~,+-~J,"-":e",,,*~.4<i1::'Jt~:e~~~oa.iil8l<~ :A.l.:.i:' ,fs tr f t- 'P~ , YINV/\L\SNN3d JJ.Nf IO~) (lr'?[.flH?8iNnO ::2 :0" II\' V,.I l n\1 6 I 130 j 0 'U RJ , '" ....... 'Utiii'I,"! 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