The URL can be used to link to this page

Home My WebLink About01-03507 c) ..., " '~ ( ) CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA RULE OF APPELLATE PROCEDURE 1931 (C) de, JC.- '-) J- To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of P A The illldersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ALBERT H. "BUCK" SHULLER VS DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND AND TAMMY L. HAMMOND 0(- ~7 ~(~ The documents comprising the record have been numbered from No. 1 to 457, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 07-07-06 . ?J An additional COpy of thjs certificate is enclosed. Please sh!ll and date COpy, thereby acknowled2in2 receipt of this record. Date RAf"'Aivl3n in Stl:l~err6r C 1 Signature & Title A"ul JUL - 6 Z006 MIDDLE ;, , '. ". " ~", >-., .... ,_ "" ^ c " - ,--..,- ~, .r' . ~_f~i-i~'<.,. _;;,~}gi'.':;W~ - I,' "" , J CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (Cl , ~, t;fy JS: To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of P A The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and conect copy of the whole and entire record, including an opinion of the court as required by P A R.A.P, 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ALBERT H. "BUCK" SHULLER VS DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND AND TAMMY L. HAMMOND The documents comprising the record have been numbered from No.1 to 457, and attached hereto as Exhibit A is a list of the documents conespondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 07-07-06 . An additional CODY of this certificate is enclosed. acknowled!!in!! receiDt ofthis record. Please si!!1l and date CODY, thereby Received in S . upenor Court Signature & ~he - 0 lUOa Date MIDDLE :'^'.': ,~,,,,t,.,,;.- ,"',- -;;" '''~''', "y,,- _ , ~, ., - .1 ;--- ~ , ~ _< ,'0 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by P A R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter; ALBERT H. "BUCK" SHULLER VS DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND AND TAMMY L. HAMMOND The documents comprising the record have been numbered from No.1 to 457, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 07-07-06 . -~ An additional COpy of this certificate is enclosed. Please sil!n and date COpY. thereby acknowledl!inl! receipt of this record. Date Signature & Title ,'~"". ,~~~". C"" ..;- < '~, '- :' ,< ..'-"' , ., "-.---" -, <~." " Among the Records and Proceedings enrolled in the court of Common Pleas in and for the I county of I! to No, CUMBERLAND 740 MDA 2006 01-3507 CIVIL in the Commonwealth of Pennsylvania Term. 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY ALBERT H. "BUCK" SHULLER vs DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND AND TAMMY L. HAMMOND SEE ATTACHED CERTIFIED DOCKET ENTRIES '?'f-r 'n';'J"'~-- ",-, -' '.' , , 09383407032006 PYS510 cumberland County Prothonotary's Office Civil Case Print Page 1 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL Reference No. . : Case Type.....: COMPLAINT Judgment...... 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc.: , ------------ Case Comments ------------- Filed.. .. .. .. : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt' 1. : Higher Crt 2.: 6/07/2001 8:02 0/00/0000 0/00/0000 202 MDA 2006 740 MDA 2006 ******************************************************************************** General Index Attorney Info SHULLER ALBERT H "BUCK" 120 LEEDS ROAD NEWVILLE PA 17241 DANNER DANIEL L 1046 CENTERVILLE ROAD NEWVILLE PA 17241 KECK LUTHER L 1140 CENTERVILLE ROAD NEWVILLE PA 17241 KECK DORIS M 1140 CENTERVILLE ROAD NEWVILLE PA 17241 HAMMOND STEVEN P 1419 WALNUT BOTTOM ROAD SHIPPENSBURG PA 17257 HAMMOND TAMMY L 1419 WALNUT BOTTOM ROAD SHIPPENSBURG PA 17257 PLAINTIFF TURO RON DEFENDANT MILLER DOUGLAS G DEFENDANT DEFENDANT DEFENDANT DEFENDANT Judgment Index DANNER DANIEL L DANNER DANIEL L Amount Date Desc 12/30/2005 VERDICT 4/27/2006 JUDGMENT ON VERDICT 500.00 500.00 ******************************************************************************** * Date Entries * ******************************************************************************** t'1-( U- 6/07/2001 6/12/2001 23 6/12/2001 2..+'" 6/12/2001 2-5 6/12/2001 2(f 6/12/2001 "-'Il!p;\I" ',~ 'Kr"'. , ," ., - - - - - - - - - - - - - FIRST ENTRY COMPLAINT - CIVIL ACTION ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: DANNER DANIEL L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $40.40 Pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: KECK LUTHER L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Hnd To: DORIS KECK WIFE Costs....: $16.00 Pd By: RON TURO 06/12/2001, ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: KECK DORIS M SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $16.00 Pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: HAMMOND STEVEN P SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $16.00 Pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litigant.: HAMMOND TAMMY L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $16.00 Pd By: RON TURO 06/12/2001 ,~ "' - ~.- -. 1 09383407032006 PYS510 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL Cumberland County Prothonotary's Office Civil Case Print Page 2 Filed. . . . . , , . : 6/07/2001 Time.........: 8:02 Execution Date 0/00/0000 Jury Trial. . .. Disposed Date. 0/00/0000 Higher Crt 1.: 202 MDA 2006 Higher Crt 2.: 740 MDA 2006 DEFENDANT'S STEVEN P HAMMOND AND TAMMY L HAMMOND'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY DOUGLAS B MARCELLO ESQ ----------------------------~-------------------------------------- DEFENDANT'S LUTHER L KECK AND DORIS M KECK'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT - BY DAVID A BARIC ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFTS STEVEN P HAMMOND AND AND TAMMY L HAMMOND'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY DOUGLAS B MARCELL ESQ ------------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFT DANIEL L DANNER TO PLAINTIFF'S COMPLAINT - BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT KECK'S AND DEFT AMMOND'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ , ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFENDANT DANIEL L DANNER ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDANT'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ ------------------------------------------------------------------- OPINION AND ORDER OF COURT - DATED 11/20/01 - IN RE DEFENDANT DANIEL DANNER'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT - COUNT 1 (LIBEL) OF PLAINTIFF'S COMPLAINT IS DISMISSED SUBJECT TO A RIGHT OF PLAINTIFF TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER REPLEADING THE COUNT IF POSSIBLE IN ACCORDANCW WITH THE ACCOMPANYING AND COUNT II (SLANDER} AND III (DEFAMATION OF CHARACTER} OF PLAINTIFF'S COMPLAINT ARE DISMISSED WITH PREJl~ICE - BY J WESLEY OLER JR J - COPIES ~~_ILED 11/21/01 ------------------------------------------------------------------- AMENDED COMPLAINT - BY RON TURO ESQ ------------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFT TO PLFF'S AMENDED COMPLAINT - BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ ------------------------------------------------------------------- ORDER OF COURT - DATED 2/13/02 - BY AGREEMENT OF COUNSEL THE ABOVE CAPTIONED MATTER IS CONTlNUJED FROM 2/13/02 ARGUMENT COURT LIST COUNSEL IS DIRECTED TO RELIST THE CASE WHEN READY - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 2/14/02 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 5/28/02 - IN RE DEFTS PRELIMINARY OBJECTIONS TO PLFFS AMENDED COMPLAINT - AND BRIEF AND ARGUMENTS ON THE ISSUES PRESINTED THERIN AND FOR THE REASONS STATED IN THE ACCOMPANYING OPINION THE OBJECTIONS IS GRANTED AND COUNT I SLANDER OF PLFFS AMENDED COMPLAINT IS DISMISSED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 5/28/02 ------------------------------------------------------------------- ANSWER WITH NEW MATTER TO PLFF'S AMENDED COMPLAINT - BY DOUGLAS G MILLER ESQ Reference No. . : Case Type.....: COMPLAINT Judgment...... 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc.: , ------------ Case Comments ------------- 2-?-<fCj 6/27/2001 5-0-6+ 6/27/2001 .1- S' -~-(p 7/05/2001 51-~L 7/10/2001 " h"S" 7/16/2001 G,(r6,\, 7/20/2001 i,q 9/13/2001 7o-7Cj 11/21/2001 &"o-teP 12/06/2001 p-ql 1/03/2002 q2- 1/11/2002 qa-tfS- 1/15/2002 'f~ 2/14/2002 41 4/08/2002 qr-(O, 5/28/2002 10Lf-( lof 7/01/2002 liS -ill 7/22/2002 11'( 8/02/2004 Irq-IV; 8/02/2004 i2...<f_ f'{Y 9/20/2004 ",""",-- '''<J;!'"''." . '-' ,,- ------------------------------------------------------------------- ANSWER TO NEW MATTER - BY RON TURO ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFT'S MOTION FOR SUMMARY JUDGMENT - BY DOUGLAS G MILLER ESQ ------------------------------------------------------------------- DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY DOUGLAS G MILLER ESQ FOR DEFT DEPOSITION OF DANIEL DANNER TAKEN BY PLFF BEFORE DEBORAH ZEPP , . . lL f'~--'" I Wi -/~ 1&1 fql-If{t'p f(jD If..., ftf<6-UJ1 M(~iNC:; 09383407032006 PYS510 Cumberland County Prothonotary's Office Civil Case Print 3 Page 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL Reference No. . : Case Type.... . : Judgment, . . . . . Judge Assigned: Dlsposed Desc. : -----------" Case Comments ------------- COMPLAINT 500.00 OLER J WESLEY JR Filed.... ....: 6/07/2001 Time. . . . . . , . . : 8: 02 Execution Date 0/00/0000 Jury Trial. . . . Disposed Date. 0/00/0000 Higher Crt 1.: 202 MDA 2006 Higher Crt 2.: 740 MDA 2006 5/17/04 AT 9:05 AM AT TURO 1/07/2005 1/07/2005 3/08/2005 3/15/2005 3/18/2005 3/24/2005 4/07/2005 l-b'-U>7 5/09/2005 .t.of 2-0<( 1-{0 "l-t{- U2... 2.1'-(-2.-(7 "1:t3 L. t'!r:/..-2.-( 2-2-:2.. 2-2..3 '~""""1 5/25/2005 6/28/2005 7/07/2005 8/11/2005 8/17/2005 8/22/2005 8/29/2005 9/07/2005 12/22/2005 '~";'~-"' .., COURT REPORTER NOTARY PUBLIC TAKEN ON LAW OFFICES ------------------------------------------------------------------- MOTION FOR SUMMARY JUDGMENT ------------------------------------------------------------------- ORDER OF COURT - DATED 1/7/05 - MOlTON FOR SUMMARY JUDGMENT FILED ON BEHALF OF DEFF DANILE L DANNER & FOLLOWING ORAL ARGUMENT HELD ON 9/22/04 TH MOTION ID DENIED - BY THE COURT - J WESLEY OLER JR J ------------------------------------------------------------------- MOTION TO DISQUALIFY COUNSEL BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 3/15/05 - IN RE DEFT'S MOTION TO DISQUALIFY COUNSEL A RULE IS ISSUED UPON PLFF TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- AMENDED ORDER OF COURT - DATED 03-18-2005 - THE ORDER FILED 03-15-05 IS AMENDED TO REFLECT THE PROPER CAPTION IN THE ABOVE MATTER - THE REST OF THE ORDER SHALL REMAIN THE SAME ------------------------------------------------------------------- ANSWER TO MOTION TO DISQUALIFY COUNSEL - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT BY DOUGLAS G MILLER ESQ FOR DEFT - MOTION TO DISQUALIFY COUNSEL ------------------------------------------------------------------- OPINION AND ORDER OF COURT - DATED 5/9/05 IN RE MOTION OF DEFT TO DISQUALIFY TURO LAW OFFICES AS COUNSEL FOR PLFF - IT IS ORDERED - RON TURO ESQ IS DISQUALIFIED FROM REPRESENTING PLFF AT TRIAL - 2 THE MOTION OF DEFT TO DISOUALIFY TURO LAW OFFICES FROM REPRESENTING PLFF AT TRIAL IS DENIED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 5/9/05 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 6/27/05 - A PRETRIAL CONFERENCE IN THE ABOVE MATTER IS SCHEDULEb FOR 8/10/05 AT 3:30 PM IN CHAMBERS OF THE UNDERSIGNED JUDGE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - NONJURY TRIAL IS SCHEDULED FOR 9/7/05 AT 9:30 AM IN CR 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- STIPULATION - BY RON TURO ESQ AND DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- PRETRIAL CONFERENCE - BY J WESLEY OLER JR J ------------------------------------------------------------------- PLAINTIFF'S MOTION FOR CONTINUANCE - BY RON TURO ESQ FOR PLFF ORDER-OF-COURT-=-DATED-8!22!OS-=-IN-RE-PLFF~S-MOTION-FOR----------- CONTINUANCE A RULE IS HEREBY ISSUED UPON DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 5 DAYS OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED ANSWER TO PLFF'S MOTION FOR CONTINUANCE - BY DOUGLAS G MILLER ESQ FOR DEFT ORDER-OF-COURT-=-DATED-9!6/0S-=-IN-RE-PLFF~S-MOTION-FOR------------ CONTINUANCE AND OF DEFT'S ANSWER TO PLFF'S MOTION FOR CONTINUANCE THE MOTION IS GRANTED AND THE NONJURY TRIAL PREVIOUSLY SCHEDULED FOR 9/7/05 IS RESCHEDULED TO 12/21/05 AT 9:30 AM IN CR 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/7/05 ORDER-OF-COURT-=-DATED-i2!2i!os-=-UPON-CONSIDERATION-OF-THE-PLFF~S- AMENDED COMPLAINT IN THE ABOVE CAPTIONED MATTER AND FOLLOWING A NONJURY TRIAL HELD ON THIS DATE THE RECORD IS DECLARED CLOSED AND ---, ,"". 09383407032006 PYS510 Cumberland County Prothonotary's Office Civil Case Print Page 4 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL Reference No.. : Case Type.....: COMPLAINT Judgment. ..... 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : , _______u___ Case Comments --,----------- 2..Li- 12/30/2005 ).~-)-fD 1/09/2006 y./{ -,)43 1/18/2006 ).:J;S" 1/24/2006 j<{'f- )&() 1/30/2006 ~SI-dQ. 2/02/2006 J.-'B 2/02/2006 )!Q"'f- ).~ 2/10/2006 J-n 3/30/2006 2..-sy- 'f7..7 4/06/2006 I.l1'f-l{~1 4/27/2006 4/27/2006 '+32- ...gl 4/28/2006 4~'f '4'3'1 5/03/2006 'ft(D 5/09/2006 W/ --'Fli'f 5/18/2006 ':~I! "~y.,, '-"" ^','- ^ .- ,-'; " '''~'1 Filed........: 6/07/2001 Time. . . . . . . . . : 8 : 02 Execution Date 0/00/0000 Jury Trial. . . . Disposed Date. 0/00/0000 Higher Crt 1.: 202 ,MDA 2006 Higher Crt 2.: 740 MDA 2006 THE COURT J WESLEY OLER THE MATTER IS TAKEN UNDER ADVISEMENT - BY JR J COPIES MAILED ------------------------------------------------------------------- VERDICT - DATED DECEMBER 30, 2005 - UPON CONSIDERATION OF PLAINTIFF'S AMENDED COMPLAINT IN THE ABOVE-CAPTIONED MATTER AND FOLLOWING A NONJURY TRIAL HELD ON DECEMBER 21, 2005 ON THE ISSUE OF LIBEL THE COURT FINDS IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT AND AWARDS DAMAGES IN THE AMOUNT OF $500.00 PLUS CUSTS OF SUIT BY THE COURT J WESLEY OLER JR COPIES MAILED --------~---------------------------------------------------------- MOTION BY DEFT FOR JUDGMENT NOTWITHSTANDING THE VERDICT - BY DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- ANSWER TO DEFTS MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/06 - IN RE DEFT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERD~CT THE PROTHONOTARY IS HEREBY DIRECTED TO LIST MATTER FOR ARGUMENT COURT COMMENCING ON 3/29/06 - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM ORDER ENTERED ON 12/30/05 - BY THE COURT DOUGASL G MILLER ESQ FOR DEFT ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 202 MDA 2006 ------------------------------------------------------------------- ORDER OF COURT - DATED 2/2/06 - IN RE NOTICE OF APPEAL FILED IN THE ABOVE CAPTIONED ~~TTER APPELLAl,T IS DIRECTED PURSUAl,T TO PA R CP TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THE ORDER - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- THE ABOVE CAPTIONED DMATTER HAS BEEN MARKED " DISCONTINUED" WITH THE SUPERIOR COURT OF PA - CERTIFICATION IS BEING SENT TO THE LOWER COURT - THERE IS NO RECORD TO REMIT ON THIS CASE THE ABOVE APPEAL IS HEREBY WITHDRAWN AND DISCONTINUED BY ORDER OF DOUGLAS G MILLER ESQ - ATTY FOR APPELLANT 2-7-06 DISCONTINUED ------------------------------------------------------------------- ORDER OF COURT - DATED 03-29-06 - IN RE: DEFENDANT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT BEFORE HESS-OLER AND EBERT JJ - THE FOLLOWING ORAL ARGUMENT HELD ON 03-29-06 THE MOTION IS DENIED - BY J WESLEY OLER JR J - COPIED AND MAILED 03-31-06 ------------------------------------------------------------------- TRANSCRIPT OF PROCEEDINGS HELD BEFORE HON J WESLEY OLER JR J ON 12/21/05 IN COURTROOM NO 1 ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF JUDGMENT ON THE VERDICT AND JUDGMENT ENTERED ------------------------------------------------------------------- NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- NOTICE OF APPEAL - TO SUPERIOR COURT OF PA PER MATTER OF 12-05 AND 03-29-06 - BY DOUGLAS G MILLER ATTY ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 740MDA 2006 ------------------------------------------------------------------- ORDER OF COURT - DATED 05-05-06 - IN RE: UPON CONSIDERATION OF THE NOTICE OF APPEAL FILED IN THE ABOVE-CAPTIONED MATTER, APPELLANT IS DIRECTED PURSU~~ TO PA R~P 1925 B TO FILE OF ,RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THIS ORDER - BY J WESLEY OLER JR J - COPIED AND MAILED 05-09-06 ------------------------------------------------------------------- STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY DOUGLAS G MILLER ATTY . . 09383407032006 PYS510 Cumberlan~ ~ounty Prothonotary's Office Clvll Case Prlnt Page 5 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL ~C/S -ct)(p 6/28/2006 Filed........: 6/07/2001 Time. . . . . . . . . : 8: 02 Execution Date 0/00/0000 Jury Trial, . . . Disposed Date. 0/00/0000 Higher Crt 1.: 202 MDA 2006 Higher Crt 2.: 740 MDA 2006 ------------------------------------------------------------------- IN RE: OPINION PURSUANT TO PA RAP 1925 - DATED JUNE 28, 2006 - BY J WESLEY OLER JR J - COPIES MAILED 6/29/06 ----------------------------------------------~-------------------- CASE TRANSFERRED TO SUPERIOR COURT OF PA PERSONALLY BY CURTIS R LONG - PROTHONOTARY Reference No, . : Case Type.....: COMPLAINT Judgment....,. 500,00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : , ---"-------- Case Comments ------------- 7/03/2006 *if 7/03/2006 SERVICE OF THE LIST OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES " R - - - - - - - - - c' - - - LAST ENTRY - - - - - - - - - - - - - - ., tI~ , {;4f...ihlh ************ ***~*~*********~********************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Bal * ******************************************************************************** ------------------------------------------------------------------- COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 JCP FEE 5.00 5.00 .00 APPEAL 30.00 30.00 .00 JDMT 9.00 9.00 .00 APPEAL 30.00 30.00 .00 ------------------------ ------------ 114.50 114.50 .00 *****************************************************'*************************** * 'End of Case Information ' * ******************************************************************************** TmJE OOPV FROM RECORD _.!~Mlf~, I !\>are I.Imo.my~ ";Ii U\lib IliIillIllt sa!(! Coo at Cari/sIiD Pi. 3tzl . , ,J..y~ otary :.:; '~1':",,' ::>' _,,_, ,'[-T,;',' . ~,_, i ,,,' J Commonwealth of Pennsylvania County of Cumberland 1 ss: I, CURTIS R. LONG , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record ofthe case therein stated, wherein ALBERT H. "BUCK" SHIH,T.RR Plaintiff. and In TESTIMONY WHEREOF, I have this 5th DANIEL L. DANNER ET,AL Defendant _, as the same remains of record before the said Court at No. 01-3507 of civil Term, A.D. 19_. hereunto set my hand and affixed the seal of said Court day of JULY A. D.. 19 20Q6 i3f~~' t ' I. EDGAR B. BAYLEY p~ent Judge of the Judicial District, composed of the County of Cumberland, do certify that CURTI SR. LONG , by whom the annexed record. certificate and allestation were made and given. and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of.said County, was. at the time of so doing, and now is Prothonotary in and for said County of CUMBERLAND in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicat s e s here, and that the said record, certificate and attestation are in due form of law and mad y the prop lC } ss: I CURTIS R. LONG P:h 'f h C fC ' . , rotEonotary 0 t e ourt 0 ommon Pleas 10 and for the said County, do certify that the Honorable DGAR B. BAYLEY by whom the foregoing allestation was made. and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given. as well in Courts of judicature as elsewhere. Commonwealth of Pennsylvania County of Cumberland IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seal of said Court this 5th day of JULY A.D, 19200q i" ,~ " ... o o . RECEIVED AUG 0 8 Z005~ ALBERT H, "BUCK" SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- 01-3507 CIVIL TERM DANIEL L. DANNER, Defendant :CIVIL ACTION LAW Plaintiff Pre-Trial Memo 1. Basic Facts as to Liability: Plaintiff Buck Shuller, was an elected Township Supervisor in Penn Township, Cumberland County, Pennsylvania. Beginning on or about January 11,2001 and continuing through at least May 15, 2001 the defendant, DanielL. Danner, was a citizen of Penn Township with both a personal and public vendetta against plaintiff Shuller. To his end Danner publicly stated that Shuller received illegal Township Health Insurance Benefits, and did create a flyer in preparation for the May 15, 2001 primary election that accused plaintiff of several violations of Pennsylvania Law while in office. Defendant has admitted that he has made the statements both orally and in writing but has defended his actions saying that they were, in fact, true. 2. Basic facts as to damages: The issues of damages has been previously addressed in this courts opinion dated November 20, 2001 when it discussed the "special harm" that plaintiffs must establish which is more then "mere annoyance or embarrassment" but do not need to prove actual "out of pocket loss." Plaintiff has alleged that he has suffered reputation harm and plaintiff will ask the Court to establish those damages upon finding that defendant did defame the plaintiff. 3. Principle Issues of Liability and Damages: The principle issue of liability is whether or not Danner acted in such a way that, with actual malice, he publicly defamed the Plaintiff who was an elected official by alleging that he conducted illegal activities in office. If proven this would allow the Court to find reputation harm and consequently assess damages. 4. Summary of Legal Issues: There do not appear to be any issues, regarding admissibility of testimony, exhibits or any other matter. 5. The Identity of Witness To Be Called: Plaintiff, Ron Turo, Esquire, defendant, Daniel L. Danner will testifY and plaintiff reserves the right to update this list including any witnesses identified in defendants Pre- Trial Memo. 6. List of Exhibits: The only exhibit will be the defamatory flyer circulated and published by defendant Danner. , -- ~ ~.'r, _c_,.'_:'"'l"_ ",.,"_,<' " " 1-- ~ """"" g- , '0,.U, '~"'""" ",....' ::.V!'~ ". ,~ f"'\ 1:,1. _/ () 7. Status of Settlement Negotiation: The plaintiff has requested an admission of defamation and a apology and would withdraw his lawsuit if such an apology and admission where forth coming from the defendant. . 'j". ,-, R TurD, EsqUire 28 South Pitt Street Carlisle, P A 17013 ALBERT H. "BUCK" SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DANIEL 1. DANNER, Defendant NO. 01-3507 CIVIL TERM IN RE: VERDICT AND NOW, this 30th day of December, 2005, upon consideration of Plaintiffs Amended Complaint in the above-captioned matter, and following a nonjury trial held on December 21, 2005, on the issue oflibel, the court finds in favor of Plaintiff and against Defendant and awards damages in the amount of $500.00, plus costs of suit. BY THE COURT, (") '" c- = 0 = [; c.n 'Tl :.T <::J ::::! - Li r"1 -~ - CJ nl-!...' ~:." -oS Cli .. W I~f~ <::> :\)0 (:J J :z. ::::::.lQ _r..-, -- ~~ ~~ ; ~>c ~ (SfTl ;;,- -~ - ::;! -< :J;J -< Galen R. Waltz, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Douglas G. Miller, Esq, 60 West Pomfret Street Carlisle, PAl 70 13 Attorney for Defendant :rc A 0/ ~ ~ "~-,;f""'_<',,1,"-,s" -, N..,_ ", T_. . ,~ ALBERT H. "BUCK" SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DANIEL L. DANNER, Defendant NO. 01-3507 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of September, 2005, upon consideration of Plaintiffs Motion for Continuance and of Defendant's Answer to Plaintiffs Motion for Continuance, the motion is granted and the nonjury trial previously scheduled for September 7, 2005, is rescheduled to Wednesday, December 21, 2005, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Ron Turo, Esq. 28 South Pitt Street Carlisle,PA 17013 Attorney for Plaintiff Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc !IJ ~~~ '^ 1- ',",-" " --'T' ,,,,""' . , "~- -. ~~Ii&l.ii!~l~!ilii'i!ii!i\iW"^~t-'.&~g,,<.H:',~'.:'!" '"rE~,i'\'.'-'''!_<;Ji><ii,.;:%t,!r2l0'",j{,1'':t'1;'i;;;';.'''''''~;''".,.,;,,,,,,c ,:d';"',-fG:i'J;."L""jb;;-"i"-,~~~~r~''',"~lH!~,,,,~~k~,~J ~'Ujj ""'.J:! OF FILED-n'T!("c THr- Ot''"....:;..: ,,..~_\..tL 1,- r, '_I ,Ii -:, "\Ir)'-r,"" ',,' -, ,; ,r;~", [r1l1Y lODS SEP '- 7 "'do hi 12: S8 ,'\ ('I '.I! ...."J,/ JL U.I _.. Ill".., "'~""~~' < .~ ,,-=,,- ". ~--,' .~.,c ,.~ .' ,", -,.- ~ 'c. .., r- . . ALBERT H. "BUCK" SHULLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DANIEL L. DANNER, Defendant NO. 01-3507 CIVIL TERM ORDER OF COURT AND NOW, this 22Jld day of August, 2005, upon consideration of Plaintiff's Motion for Continuance, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 5 days of service. BY THE COURT, o c <;','. ~"~ ~~~~ 7/ .-- ~: SJ ~~~ ~~ :z =<! 1. Ron Turo, Esq. 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant ;rc ...., g ~ c.n "'" -l c: fF,:n C;-) .- -om ~ ;;SC? ::;:\9- (-~:Ll --":r0 oin ~ :x> -< -0 ::r= r:-? c::> (J1 !{J/fJtro,y .-'<",>< -- ,,",,'--" ,.,>--,-, .,," ~. "' " , RECEIVED AUG 192005(1\ ALBERT H, "BUCK" SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- 01-3507 C1V1L TERM DANIEL L, DANNER, Defendant :CIVIL ACTION LAW Order AND NOW, this day of August, 2005 upon receipt and review of Plaintiffs Motion to Continue Trial which had been previously scheduled for Wednesday, September 7, 2005 beginning at 9:30AM before the under signed Judge, the Motion is GRANTED and Trial is now scheduled for the day of , 2005 in Courtroom Number I of the Cumberland County Courthouse before the under signed. By the Court J, Wesley Oler Jr., 1. c,c. Court Administrator Counsel 131l~_ 1= 1II11i~ ."~ fl',-' J 4__,"", fil!'.!!J "-"- , ALBERT H, "BUCK" SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- 01-3507 CIVIL TERM DANIEL L. DANNER, Defendant :CIVIL ACTION LAW Plaintiff Motion For Continuance 1. The Court, through Honorable 1. Wesley Oler Jr., held a Pre- Trial Conference on Wednesday, August 10, 2005 in the above captioned case. 2, Trial had been previously scheduled for September 7, 2005 before Judge Oler. 3. At the Pre- Trial Conference, and prior thereto, Plaintiff Counsel, Ron Turo, Esquire, wrote to the Court and requested a continuance of the Trial date which has been objected to by the Defendant. 4. Plaintiffs Counsel renewed his request at the time of the Pre-Trial Conference and the Court instructed Counsel to prepare a written Motion. 5. Plaintiff s Counsel, though he will not be actually trying the case, has handled this matter from the inception and is intimately aware ofthe facts and circumstances of the case. 6. Plaintiffs Counsel attendance at trial is critical to the just resolution ofthe case and it would be unfair to the Plaintiff, at this late stage, to remove him completely from the case. 7. Plaintiffs Counsel in unable to attend Trial on September 7, 2005 because he is scheduled to meet with at statewide group of Judges, probation officers, lawyers, and administrators who are involved in a McCarther Foundation Project along with the Pennsylvania Commission of Crime and Delinquency and aftercare issue in the Juvenile Delinquent System. 8. Plaintiffs Counsel is a recognized statewide Juvenile Defender and his input, expertise and involvement are critical to the success of this statewide group, 9, Defendant will not suffer any harm as a result of a delay of no more then several months. 10. This continuance is not designed to delay or create any problems for the Court or Defendant but merely to accommodate the Plaintiffs Counsels schedule, , , v _ v_ , , ~,.., ~~ ""-- Jii '+ , , ~.-, ~~, , Wherefore, for all the above reasons, Plaintiff, Buck Shuller, by and t . gh is attorney, Ron Turo, Esquire respectfully request this Court to gr co tinuance an chedule this matter to a date certain at the Court's earliest convenience. uro, Esquire Law Offices 28 outh Pitt Street lisle, PA 17013 (717) 245-9688 ext 31 '1 -'- "'-' CERTIFICATE OF SERVICE I, Ron Turo, Esquire hereby certify that I served a true and correct copy of the Plaintiff Motion For Continuance, upon Douglas G, Miller, Esquire by depositing same in the UnitedfStates Mail, first class, postage pre-paid on the ~ day of /4~V",- , 2005, from Carlisle, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 o LAW OFFIC~ uro, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717,245.2165 T _ _ ,'~_'~' c . "_,,_ ,-' " " .: 00"".....", ::,:..,,~,.,. ~/r6S ALBERT H. "BUCK" SHULLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-3507 CIVIL TERM v. DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. : CIVIL ACTION - LAW HAMMOND and TAMMY L. HAMMOND: JURY TRIAL DEMANDED Defendants AND NOW, this day of , 2001, Defendants' Preliminary Objections are granted and Plaintiffs Complaint is dismissed. BY THE COURT: J. '. . ~ , ALBERT H. "BUCK" SHULLER, Plaintiff : IN THE COURT OF COMM:ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.: 01c3507 CIVIL TERM c:.' DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. : CIVIL ACTION - LAW HAMMOND and TAMMY L. HAMMOND: JURY TRIAL DEMANDED Defendants B '--. -cL' IT,r ~; 0~ ~~.~~; . :~:t ._l ..1 0,)- ~ - -', f-"J I. DEMURRER 1. Plaintiff has brought an action against Defendants, Steven P. Hammond and Tammy L. Hammond, a copy of which is attached hereto and made a part hereof as if set forth in full without admitting the truth of the averments contained therein. 2. Plaintiff seeks to allege a cause of action for libel, slander and defamation against Defendants, Steven P. Hammond and Tammy L. Hammond. 3. Plaintiff alleges the liability of these Defendants based upon Defendants' allegedly allowing Defendant, Daniel L. Danner, to provide copies of the flyer at issue, which was allegedly published by Defendant Danner. 4. Plaintiff's Complaint fails to state a cause of action against Steven P. Hammond or Tammy L. Hammond for libel, slander or defamation. 5. Plaintiff's Complaint fails to state a claim for punitive damages. WHEREFORE, Defendants, Steven P. Hammond and Tammy L. Hammond, request this Honorable Court to dismiss Plaintiff's Complaint. II. MOTION FOR MORE SPECIFIC PLEADING 6. Defendants incorporate paragraphs 1 through 5 as if set forth in fulL 7. Plaintiff has failed to plead with the required specificity those individuals or entities to whom the allegedly defamatory statements were made or how the Defendants published the allegedly defamatory statements. WHEREFORE, Defendants, Steven P. Hammond and Tammy L. Hammond, request this Honorable Court to dismiss Plaintiff's Complaint. Respectfully submitted, By: Date: June 25, 2001 :135572,1 ""'I.-J ,". ,,,,,~,~ ""j" , "-""'"" '., 1 -~" ~ ,~ ALBERT H. "BUCK" SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. ;NO.01- 3507 CIVIL TERM DANIEL L. DANNER, . LUTHER L. KECK. DORIS M. KECK, : STEVEN P. HAMMOND, AND TAMMY : L. HAMMOND . Defendants ;CIVIL ACTION LAW :JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice are seNed, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned thai if you fall to do so Ihe esse may proceed without you and a judgment may be entered against you by the Court without further notice for any money claImed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVe A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON~ THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRUE COPY AAOM RECORD In T esUmony wllIrlll, J hire unto set my hano and tbefJ!:: said Cotr.Jl.al tartlsle. fa. I~I~ 'f~t.. DIY)f ProtMnn'a~ "1':Jiflllli; e, ,-~, -" '" , ALBERT H. "BUCK" SHULLER. Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUM8ERLAND COUNTY, PENNSYLVANIA vi. :NO.01. CIVIL TERM OANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, : STEVEN P. HAMMOND, AND TAMMY: L. HAMMOND ; Defendants :CIVIL ACTION LAW . :JURY TRIAL DEMANDED COMPLAINT 1. Albert H. "Suck" Shuller Is an adult individual currently residing at 120 Leeds Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Daniel L. Danner is an adult individual currently residing at 1046 Cenlerville Road, Newville, Cumberland County, Pennsylvania. 3. Luther L. Keck Is an adult individual currently residing at 1140 Centerville Road. Newville, Cumberland County, Pennsylvania. 4, Doris M. Keck Is an adult individual currently residing at 1140 Centerville Road, Newvllle, Cumberland County, Pennsylvania. 5. Steven P. Hammond Is an adult individual currently residing at 1419 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, 6, Tammy L, Hammond is an adult Individual currently residing at 1419' Walnut Bottom Road. Shippensburg, Cumberland County, Pennsylvania. 7. Plaintiff "Buck" Shuller was at ail times relevant hereto an elected Township Supervisor in Penn Township, Cumberland County, Pennsylvania. 8, On or about May 8,2001 and continuing through at least May 15, 2001 the said Defendant Daniel L. Danner did prepare, create and publish to the public a flyer in preparation for the candidacy by the said Daniel L. Danner as for Supervisor in Penn Township, Cumberland County at the primary election on May 15, 2001, A copy of the said flyer is attached hereto and marked Exhibit A. '}f.'11:q;M~"","~~ "" _" ';'" ~ _,_~-,~. " ,..,. , ~, , po., ~~~ '. 9. As part of the distribution of said flyer, Defendant Daniel L. Danner did provide the flyer to Defendants Luther L. Keck, Doris M. Keck, Steven P. Hammond and Tammy L. Hammond who are the owners or operators of Keck's Store, a general store located on 1801 Pine Street, Newville, Cumberland County, Pennsylvania. 10. Defendant Daniel L. Danner did, with the permission and knowledge of Defendants Luther L. Keck, Doris M. Keel<, Steven P. Hammond and Tammy L. Hammond did place said flyers in the store for distribution and publication to the general public at all times relevant hereto. 11. Defendant Daniel L. Danner did, by publication of the flyer communicate to others that the Plaintiff had committed offenses in violation of State Law purportedely illegally collecting money as a Township Supervisor. 12. Defendant Daniel L. Danner did, in publlshing said flyer alleged that Plaintiff did violate State Law by placing himself and his wife on Township Health Insurance Plans in the middle of his term. 13. Defendant Daniel L. Danner In said flyer alleged that the Plaintiff violated the Pennsylvania Sunshine and Open Records Law by hiring certain Township employees. 14. Defendant Daniel L. Danner did allege that the Plaintiff did violate State Law by allegedly authorizing a "secret" 'ease of Township property. 15. Defendant Daniel L. Danner did, In said flyer, allege that Plaintiff utilized his personal attomey to "bribe" another Supervisor on Township property. 16. Defendant Daniel L. Danner's statements and communications are false and proof of the truth of the same is demanded from Defendant Daniel L. Danner, .!':,'fMrr_~, , ,,"', " ~_, _~'I, 'p,w ,'- _ , -"T!- ',1__ "-, '. COUNT) SHULLER V. DANNER LIABLE 17, Defendant Daniel L. Danner has published the accusations that Plaintiff has violated State Law by intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as outlined in his flyer marked as Exhibit A. 1 B. Defendant Daniel L. Danner's statements and communications that Plaintiff violated State Law are false. 19. Defendant Daniel L. Danner's statements and communications are not privileged and tend to harm Plaintiffs reputation so as to lower his reputation in the estimation of the community or deter third parties from associating with him.. 20. Plaintiff has suffered compensatory damages as B result of Defendant Daniel L. Danner defamatory statements. 21, Plaintiff is entitled to recover frol!1 Defendant compensatory damages sustained in an amount not yet ascertained. 22. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from III will, bad intent or malevolency toward Plaintiff and therefore Plaintiff Is entitled to recover punitive damages from Defendant In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby demands judgment in his favor and against Defendant Daniel L. Danner in an amount in excess of 5100,000.00. ':~4r~ '_llJI ,~_,~ "~ . . ~ ,"'-I ~"""""'r , - COUNT" SHULLER V. DANNER SLANDER 23, Defendant Daniel L. Danner has published the accusations that Plaintiff has violated State Law by Intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as outlined In his flyer marked as Exhibit A. . 24, Defendant Daniel L. Danner's statements and communications that Plaintiff violated State law are false. 25. Defendant Daniel L. Danner's statements and communications are not privileged and tend to harm Plaintiffs reputation so as to lower his reputation in the estimation of the community or deter third parties from associating with him. 26. Plaintiff has suffered compensatory damages as a result of Defendant Daniel L. Danner defamatory statements. 27. Plaintiff is entitled to recover from Defendant compensatory damages sustained in an amount not yet ascertained. 28. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from III will, bad intent or malevolency toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages from Defendant in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby demandsjudgment in his favor and against Defendant Daniel L. Danner In an amount In eXcess 01$100,000,00. 'J'~1J!'ji:" t-,,-,o , , %,:^, ,^,,-<. COUNT III SHULLER V. DANNER DEFAMATION OF CHARACTER 29. Defendant Daniell. Danner has published the accusations that Plaintiff has violated State Law by intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as outlined in his flyer marked as exhibit A. 30. Defendant Daniel L. Danner's statements and communications that Plaintiff violated State Law are false. 31, Defendant Daniel L. Danner's statements and communications are not privileged and tend to harm Plaintiffs reputation so as to lower his reputation In the estimation of the community or deter third parties from associating with hIm. 32. Plaintiff has suffered compensatory damages as a result of Defendant Daniel L. Danner defamatory statements, 33. Plaintiff Is entitled to recover from Defendant compensatory damages sustained in an amount not yet ascertaIned. 34. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from ill will. bad intent or malevolency toward Plaintiff and therefore Plaintiff Is entitled to recover punitive damages from Defendant in an amount to be determined. WHEREFORE. for all the above reasons. Plaintiff Albert H. "Buck" Shuller nllreby demands judgment In his favor and against Defendant Daniel L. Denner in an amount in excess of $100,000.00. -,.').. "'He , < ,"; ~, , , , F '. COUNT IV SHULLER V. LUTHER L. KECK SLANDER 35. Defendant Luther L. Keck has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly alloWing Daniel L, Danner to provide copies of the defamatory flyer In his place of business known to be frequented by members of the general public and knowing that sald'members of the general public would obtain copies of the flyer all alleg,ing that Plaintiff has committed violations of State law. The statements and communIcations knowingly,lntentiona/ly and willfully allowed to be distributed in his store are false. 36. Defendant Luther L. Keck publlcalfon of said flyer is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 37. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 38. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 39. The defamatory statements contained In the flyer as published by Defendant Luther L. Keck were further made by Defendant Luther L. Keck as a result of expressed malice arising from III-will, bad intent or malivence toward PlaIntiff and - therefore Plaintiff is entitled to recover punitive damages in an amount to be ' determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount in excess of $100.000.00. ,,'J. . "", ',.,.,-,-~ ".^ - .,' --- ~. ,~ COUNT V SHULLER V. LUTHER L. KECK LIABLE 40. Defendant Luther L. Keck has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in his place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleg1ng that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed In his store are false. 41. Defendant Luther L. Keck publication of said flyer Is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 42. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 43. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 44. The defamatory statements contained in the flyer as published by Defendant Luther l. Keck were further made by Defendant Luther L. Keck as a result of expressed malice arising from ill-will, bad intent or malivence toward Plaintiff and therefore Plaintiff Is entitled to recover punitive damages In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" ShuJler hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount In excess of $100,000,00. -'~','1~.w' }~__'"''''~_''''' ',0 _,~ "", ,< ,- .".-,~ ',..- :; COUNT Xl SHULLER V. LUTHER L. KECK DEFAMATION OF CHARACTER 45. Defendant Luther L. Keck has published the accusation that Plaintiff has violated State Law by intentIonally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in his place of business known 10 be frequented by members of the general public and knowing tllat said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly. Intentionally and willfully allowed to be distributed in his store are false. 46, Defendant Luther L. Keck publication of said flyer is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form aSSOCiating with him. 47. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. , Danner. 48. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 49. The defamatory statements contained In the flyer as published by Defendant Luther L Keck were further made by Defendant Luther L. Keck as a result of expressed malice arising from iII.will. bad intent or malivence toward Plaintiff and _ therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE. for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount in excess of $1 00,000,00. ".' TT m~(.I(. V9!;l 'A7.., _ ~ r,~1 ''''''.._,.:.<, _ " '.,',! -~, , ~ ,"" COUNT VII SHULLER V. DORIS M. KECK SLANDER 50. Defendant Doris M. Keck has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 51. Defendant Doris M. Keck publication of said flyer Is not privileged and tend to harm Plaintiff's reputation so as to lower him In the estimatIon of the community or deter third partles form associating with him. 52. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 53. Plaintiff is entitled to recover from Defendant Doris M. Keck compensatory damages sustained in an amount not yet ascertained. 54. The defamatory statements contained In the flyer as published by Defendant Doris M. Keck were further made by Defendant Doris M. Keck as a result of expressed malice arising from ill-will, bad intent or mallvence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determIned. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Doris M, Keck in an amount in excess of $100,000.00. .,,,T .HO Mill S8D ggLg6~ZL1L ,E:" ,00Z/Z~/90~~ v~. ""!_..,,,,,,,,,,~~, ~I'l', "'^_", , ~ " - '" . COUNT VIII SHULLER V. DORIS M. KECK LIABLE 55, Defendant Doris M. Keck has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general pUblic would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed In his store are false. 56, Defendant Doris M. Keck publication of said flyer is not privileged and tend to harm Plaintiffs reputation so 85 to lower him in the estimation of the community or deter third parties form associating with him. 57, Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel l. Danner. 58. Plaintiff is entitled to recover from Defendant Doris M. Keck compensatory damages sustained in an amount not yet ascertained. 59. The defamatory statements contained in the flyer as published by Defenda,nt Doris M, Keck were further made by Defendant Doris M. Keck as a result of expressed malice arising from ill-will. bad intent or malivence toward Plaintiff and . therefore Plafntiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Bhuller hereby requests judgment in his favor and against Defendant Doris M. Keck In an amount in excess of $100,000.00. ........... 1,Jr'l 1(11-/"" cern. _... ._.. ~~I,C;F;t;oZL LL 1:::,:n 11301':/Z1:/90 '~r "J'.. . -~ ~'. ", 'r- ", - ~"' ~'" COUNT IX SHULLER V. DORIS M. KECK DEFAMATION OF CHARACTER 60. Defendant Doris M. Keck has published the accusatIon that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general pUblic would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements end communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 61. Defendant Doris M, Keck publication of said flyer is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 62. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 63. Plaintiff 15 entitled to recover from Defendant Doris M. Keck compensatory damages sustained in an amount not yet ascertained. 64. The defamatory statements contained in the flyer 85 published by Defendant Doris M. Keck were further made by Defendant Doris M. Keck as a result of expressed malice arising from Ill-will, bad intent or malivence toward Plaintiff and . therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Doris M. Keck in an amount in excess of$100,000.00. . r:r.JC~b7.1 Ii.. ,(E;:" '(002:/2:'(/9' I COUNT VII SHULLER V. STEVEN P. HAMMOND SLANDER 65. Defendant Steven P. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing DanIel L. Danner to provide copies of the defamatory flyer in her place of business known 10 be frequented by members of the gen~ral public and knowing that said members ofthe genera! public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, Intentionally and willfully allowed to be distributed in his store are false. 66. Defendant Steven P. Hammond publication of said flyer is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 67. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publlcation of the 'flyer prepared by and provided to him by Daniel L. Danner. 68. Plaintiff Is entitled to recover from Defendant Steven P. Hammond compensatory damages sustained in an amount not yet ascertained. 69. The defamatory statements contained in the flyer as published by Defendant Steven P. Hammond were further made by Defendant Steven P. Hammond as a result of expressed malice arising from lII~wlll. bad intent or malivence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Steven P. Hammond in an amount In excess of $100,000.00. ,..,.. ''''Cf.,7} TJ 1E:n !BB2:/1:!/91 ,~l!J ,\,01",' - '; '_^',< , ~_ ,r~ " , COUNT VIII SHULLER V. STEVEN P. HAMMOND LIABLE , 70. Defendant Steven P. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly snd recklessly sllowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the nyer all alleging that Plaintiff has committed violations of Slate Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 71. Defendant Steven P. Hammond pubrlcation of said flyer is not privileged and tend 10 harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 72. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 73. Plaintiff is entitled to recover from Defendant Steven P. Hammond , compensatory damages sustained in an amount not yet ascertained. 74. The defamatory statements contained In the flyer as publiShed by Defendant Steven P. Hammond were further made by Defendant Steven p, Hammond as a result of expressed malice arising from iII.will, bad .intent or malivence toward_ Plaintiff and therefore Plaintiff is entitled to recover punitMi damages in an amount to be determined. WHEREFORE, for all the above'reasons, Plaintiff Albert H. "Buck" Shuller hereb~ reqlJests Judgment in his favor and against Defendant Sleven P. Hammond In an amount In excess of $100,000.00. --OTT. TOQ7/~t/9 "~'J.~ ~~~~ "",' ,_ _ , I "" ~ ,<,_. ~.." , ,,- , COUNT IX SHULLER V. STEVEN P. HAMMOND DEFAMATION OF CHARACTER 75. Defendant Steven P. Hammond has published the accusation that Plaintiff has violated State law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members'of the general pUblic would obtain copies of the flyer all alleging that Plaintiff has oommitted violations of Stete Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 76. Defendant Steven P. Hammond publication of said flyer Is not privileged and tend to harm Plaintiff's reputation so as to lower 'him In the estimation of the community or deter third parties form associating with him. 77. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 78. Plaintiff is entitled to recover from Defendant Steven P. Hammond compensatory damages sustained In an amount not yet ascertained. 79. The defamatory statements contained in the flyer as published by Defendant Steven P. Hammond were further made by Defendant Steven P. Hammond 8S 8 result of expressed malice arising from ill-will, bad Intent or malivence toward _ Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHE:REFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Steven P. Hammond in an amount In excess of $100,000.00. ~''''T Tr.lr:l'7I7.t/9 if ~~". -..."". 1 "~~" . , ' " ;;,__1. ,: ~ . COUNT VII SHULLER V. TAMMY L. HAMMOND SLANDER 80. Defendant Tammy L. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. S 1. Defendant Tammy L. Hammond publication of said flyer is not privileged and tend to harm Plaintiff's reputation so as to lower him In the estimation of the community or deter third parties form associating with him. 82. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner, 83. Plaintiff is entitled to recover from Defendant Tammy L. Hammond compensatory damages sustained in an amount not yet ascertaIned. 84. The defamatory statements contained in the flyer as published by Defendant Tammy L. Hammond were further made by Defendant Tammy L. Hammond as a result of expressed malice arising from ill-wilt. bad intent or mallvence toward Plaintiff and therefore Plaintiff is entitled to recover punitivE! damages In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereb~ requests judgment In his favor and against Defendant Tammy L. Hammond in an amount in excess of $1 00,000,00. , ...... Tnn?' 17T Iq ~ -", '"!"'~ "'"" -'~ COUNT VIII SHULLER V. TAMMY L. HAMMOND LIABLE 85. Defendant Tammy L. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer In her place of business known to be frequented oy members of the general publiC and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 86. Defendant Tammy L. Hammond publication of said flyer Is nol privileged and tend to harm Plaintiffs reputation so as to lower him In the estimation of the community or deter third parties form associating with him. 87. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 88. Plaintiff is entitled to recover from Defendant Tammy L. Hammond compensatory damages sustained in an amount not yet ascertained. 89. The defamatory statements contained in the flyer as published by Defendant Tammy L. Hammond were further made by DefendantTammy L. Hammond as a result of expressed malice arising from U1-will, bad intent or malivence toward. Plaintiff and therefore Plaintiff is entitled to recover punitive damages In an amount to be determined. WHEREFORE. for all the above reasons, Plaintiff Albert H. "Buck" Shullsr hereby requests judgment in his favor and against Defendant Tammy L. Hammond In an amount in excess of $100,000.00. --"TT T[;:ICl?)~t/13 ,- - . ~" --' 1 ,." . COUNT IX SHULLER V. TAMMY L. HAMMOND DEFAMATION OF CHARACTER 90. Defendant Tammy L. Hammond has published the acr::usatlon that Plaintiff has violated State Law by Intentionally, knowingly and recklessly allowing Daniel L. Oanner to provide copies of the defamato!)' flyer In her place of business known to be frequented by members of the general pUblic and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements end communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 91. Defendant Tammy L. Hammond publication of said flyer is not priYileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 92. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 93. Plaintiff is entitled to recover from Defendant Tammy L. Hammond compensatory damages sustained in an amount not yet ascertained. 94. The defamato!)' statements contained In the flyer as published by Defendant Tammy L. Hammond were further made by Defendant Tammy L. Hammond as a result of expressed malice arising from i1f-wlH, bad intent or malivence toward. Plaintiff and therefore Plaintiff Is entitled to recover punitive damages in an amount to be determined. DANIEL L. DANNER PENN TOWNSHIP SUPERVISOR May 15, 2001 DANIEL L. DANNER Life time resident of Penn Township, attended Big Spring School District, Contractor for 40 years in Penn Township, retired, Elected Auditor for 6 year term. Why do 1 want to serve as your next Township Supervillor; Stop the IllIproper conduct by the ClWnnan of Board ofSupenisors Open Township ",cords to auditors and the public Slart nplIiriog "nd bulJdlng township rolld. that last far years and IIl1lnWntained properly 1 want to lead Township bllck to l\ democJ:1lCY that repruents all the people Want money paid back ShuIler collected money for being a road superintendent, a title he ~ted, and sl1 he did was the nonnally required duties as elected supervisor, collec:ted money in violation of state law. Shutler improperly placed liimself and wife on the Township Health Insurance Plan in the middk: ofa six-year term as supervisor. Violated state law by voting hiwself compensation while in office and not waiting until next term. Vlobltlan of renn!J'lv.nia Sf. Ie Law Mr. Shutler violated the Peonsylvania Sunshine and Open Records Law when the current township secretary and treasurer were hired. Albert Shuller violated state law and the township secood class, code when he privately negotiated and signed a contract with an Advertising company to <:OllStruct two bill board signs along Interstate 81 on township property. Mr. SbuJler ~ authorized the leasing of the township property without allowing the public to bid on the lease. Albert Shuller was the "lily Supervisor to sign the contract. Albert Shuller using his personal and township attorney Ron Tura attempted to bnOO another supervisor with jobs for voting yes with Albert Shuller at township mcetiDgs. This offer ora bribe was given on township property. As Auditor Daniel Dll!ll:Ier and fellow elected auditors are denied permission to access the computerized financial and other records of the township. ':!"T..I.1n Ml_f-' c:-crM ,...r-l""r'':''~J T"I "'1"" 'T'T' Tr.:t0717T leu . . ~j[;}~~~tl!~;~!1~tr~~'1~1~0i0it!li~illlli0i!~!)i~;;~~~mlli~i~i~~~i~~f~~~i~~'~fll~'ii~l~illtt;;'~~~~I~~tt(!~~:ii(~J::~~:;:~f!~1!(;5 AND NOW, this 2:~th day of June, 2001, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (Counsel for Plaintiff) David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 (Personal Counsellor Hammond's & Keck's) Daniel L. Danner 1046 Centerville Road Newville, P A 17241 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ~~~ Dbug as . arce 0, Esquire :135599,1 .. ~ ,~ 1 "'", " ALBERT H. "BUCK" SHULLER, Plaintiff : IN THE COURT OF C0Mtv10N PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No.: 01-3507 CIVIL TERM DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. : CIVIL ACTION - LAW HAMMOND and TAMMY L. HAMtv10ND: JURY TRIAL DEMANDED Defendants AND NOW, this day of , 2001, Defendants' Preliminary Objections are granted and Plaintiffs Complaint is dismissed. BY THE COURT: J. ALBERT H. "BUCK" SHULLER, Plaintiff : IN THE COURT OF C0Mtv10N PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No.: 01-3507 CIVIL TERM DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. : CIVIL ACTION - LAW HAMtv10ND and T AMtv1Y L. HAMMOND: JURY TRIAL DEMANDED Defendants C) ~~ ..... ~ !?2:::-: ~-,--, .~-" .i:f~~~f~.I~Jl11i~fi~~~jtfi._i~n&~i~,";" DEMURRER I. 1. Plaintiff has brought an action against Defendants, Steven P. Tammy L. Hammond, a copy of which is attached hereto and made a part hereof as if set forth in full without admitting the truth of the averments contained therein. 2. Plaintiff seeks to allege a cause of action for libel, slander and defamation against Defendants, Steven P. Hammond and Tammy L. Hammond. 3. Plaintiff alleges the liability of these Defendants based upon Defendants' allegedly allowing Defendant, Daniel L. Danner, to provide copies of the flyer at issue, which was allegedly published by Defendant Danner. 4. Plaintiff's Complaint fails to state a cause of action against Steven P. Hammond or Tammy L. Hammond for libel, slander or defamation. 5. Plaintiff s Complaint fails to state a claim for punitive damages. WHEREFORE, Defendants, Steven P. Hammond and Tammy L. Hammond, request this Honorable Court to dismiss Plaintiffs Complaint. II. MOTION FOR MORE SPECIFIC PLEADING 6. Defendants incorporate paragraphs 1 through 5 as if set forth in full. 7. Plaintiff has failed to plead with the required specificity those individuals or entities to whom the allegedly defamatory statements were made or how the Defendants published the allegedly defamatory statements. F"),"" \,-~'-~,"- ~-,' .~,~~ - WHEREFORE, Defendants, Steven P. Hammond and Tammy L. Hammond, request this Honorable Court to dismiss Plaintiffs Complaint. Respectfully submitted, By: , Esquire 305 North nt eet Post Offic Box 999 Harrisburg, P A l71 08-0999 (717) 255-7238 Date: June 25, 200l :135572.1 : ':>'",,- , .," - ~ "". ~ " . ER, LLP ~ -- l . ALBERT H. "BUCK" SHULLER, Plaintiff ;IN THE COURT OF COMMON PLEAS OF ;CUMBERLAND COUNTY, PENNSYLVANIA Y. ;NO. 01- 35~ '7 CIVIL TERM DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, ; STEVEN P. HAMMOND, AND TAMMY ; L. HAMMOND Defendants ;CIVIL ACTION LAW :JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wIsh to defend against the claims set forth In the following pages, you must fake action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plalntlff. You may lose money or property or other rights important to you. 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 Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 l'RUE COPY FROM RECORD In T estlmony wl18r., Ihtl'e unto set my hano and tbet: said Cou.J1,al car1lslll. Pa. T,~I~ ~~"- ]UYJ! ProtMnn(a~ ~.'dI"~",~,,",,,. ,'_' __',' , " . .. ~, -!c'-' ,-, - - . . ALBERT H. "BUCK" SHULLER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERlAND COUNTY, PENNSYLVANIA vi. ;NO.01. CIVIL TERM DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND,ANDTAMMY L. HAMMOND Defendants , :CIVll ACTION LAW . :JURY TRIAL DEMANDED COMPLAINT 1. Albert H. "Buck" Shuller is an adult individual currently residing at 120 Leeds Road. Newville, Cumberland County, Pennsylvania, 17241" 2. Daniel L. Danner is an adult individual currently residing at 1046 Centerville Road, Newville, Cumberland County, Pennsylvania. 3. Luther L. Keck is an adult individual currently residing at 1140 Centerville Road, Newville, Cumberland County, Pennsylvania. 4. Doris M. Keck Is an adult individual currently residing at 1140 Centervi/[e Road, Newvllle, Cumberland County, Pennsylvania. 5. Steven P. Hammond Is an aduJllndlvidual currently residing at 1419 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 6. Tammy L. Hammond is an adult Individual currently residing at 1419' Walnut Bottom Road, Shippensburg. Cumberland County, PennsylvanIa. 7. PlaintIff "Buck" Shuller was at all times relevant hereto an elected Township Supervisor in Penn Township, Cumberland County, Pennsylvania. 8. On or about May 8,2001 and continuing through at least May 15, 2001 the said Defendant Daniel L. Danner did prepare, create and publish to the publ1c a nyer in preparation for the candidacy by the said Daniel L. Danner as for Supervisor in Penn Township, Cumberland County at the primary election on May 15, 2001. A copy of the said flyer is attached hereto and marked Exhibit A. --"-,,"~-', - . ",- ~- , -- ,~ ,~ ~ . . ':'f. ~ 9. As part of the distribution of said flyer, Defendant Daniel L. Danner did provide the flyer to Defendants Luther L. Keck, Doris M. Keck, Steven P. Hammond and Tammy L. Hammond who are the owners or operators of Keck's Store, a general store located on 1801 Pine Street, Newville, Cumberland County, Pennsylvania. 10. Defendant Daniel L. Danner did, with the permission and knowledge of Defendants Luther L Keck, Doris M. Keck, Steven P. Hammond and Tammy L. Hammond did place said flyers in the store for distribution and publication to the general public at all times relevant hereto. 11. Defendant Daniel L. Danner did, by publication of the flyer communicate to others that the Plaintiff had committed offenses in violation of State Law purportedely illegally collecting money as a Township Supervisor. 12. Defendant Daniel L Danner did, In publishing said flyer alleged that Plaintiff did violate State Law by placing himself and his wife on Township Health Insurance Plans in the middle of his term. 13. Defendant Daniel L. Danner In said fiyer alleged that the Plaintiff violated the PennsylvanIa Sunshine and Open Records Law by hlrlng certain Township employees. 14. Defendant Daniel L. Danner did allege that the Plaintiff did violate State Law by allegedly authorizing a "secret" 'ease of Township property. 15. Defendant Daniel L. Danner did, In said flyer, allege that Plaintiff utilized his personal attorney to "bribe" another SupelVlsor on Township property. 16. Defendant Daniel L. Danner's statements and communications are false and proof of the truth of the same is demanded from Defendant Daniel L. Danner. --" - ~ .- I" " ~ COUNT I SHUllER V. DANNER LIABLE 17. Defendant Daniel L. Danner has published the accusations that Plaintiff has violated Slate Law by intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as outlined in his flyer marked as Exhibit A. 18. Defendant Daniel L Danner's statements and communIcations that Plaintiff violated State Law are false. 19. Defendant Daniel L. Danner's slatements and communications are not privileged and tend to harm Plaintiffs reputation so as to lower his reputation in the estimation of the community or deter third parties from associating with hIm.. 20. Plaintiff has suffered compensatory damages as a result of Defendant Daniel L. Danner defamatory statements. 21. Plaintiff is entitled to recover fror:n Defendant compensatory damages sustained in an amount not yet ascertained. 22. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from ill will, bad intent or malevolency toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages from Defendant In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby demands. judgment in his favor and against Defendant Daniel L. Danner in an amount in excess of 5100,000.00. Irdlil!l ", - ~r-~ ~,"'-- -' -^'--, . -,_~ .~ , ,- - '.~ " - ,~ COUNT" SHULLER V. DANNER SLANDER 23. Defendant Daniel L. Danner has published the accusations that Plaintiff has violated State law by Intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as outlined In his flyer marked as Exhibit A. . 24. Defendant Daniel L. Danner's statements and communications that Plaintiff violated State Law are false. 25. Defendant Daniel L. Danner's statements and communications are not privileged and tend to harm Plaintiffs reputation so as to lower his reputation in the estimation of the community or deter third parties from associating with him. 26. Plaintiff has suffered compensatory damages as a result of Defendant Daniel L. Danner defamatory statements. 27. Plaintiff is entitled to recoverfrom Defendant compensatory damages sustained in an amount not yet ascertained. 28. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from III will, bad intent or malevolency toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages from Defendant in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby demands Judgment in his favor and against Defendant Daniel L. Danner in an amount In excess of $100,000.00. '~dH I , ,_,_ ~,' . .,-,,--,. ., . . . COUNT III SHULLER V. DANNER DEFAMATION OF CHARACTER 29. Defendant Daniel L. Danner has published the accusations that Plaintiff has violated State Law by intentionally communicating statements to persons other than the Plaintiff that the Plaintiff committed various violations as oLitlined in his flyer marked as Exhibit A. 30. Defendant Daniel L. Danner's statements and communications that Plaintiff violated State Law are false. 31. Defendant Daniel L. Danner's statements and communications are not privileged and tend to harm PlaintifPs reputation so as to lower his reputation in the estimation of the community or deter third parties from associating with him. 32. Plaintiff has suffered compensatory damages as a result of Defendant Daniel L. Danner defamatory statements. 33. Plaintiff Is entitled to recover from Defendant compensatory damages sustained in an amount not yet ascertained. 34. The defamatory statements against Plaintiff were made by Defendant as the result of expressed malice arising from ill will, bad Intent or malevolency toward Plaintiff and therefore Plaintiff Is entitled to recover punitive damages from Defendant in an amount to be determined. WHEREFORE, for all the above reasons. Plaintiff Albert H. "Buck" Shuller hereby demands judgment In his favor and against Defendant Daniel L. Danner in an amount in excess of $100,000.00. 'i~~^_ "~-"~__'f_"'__r. ~ _,'_" <_~; ~_ ,~ ..'m_~ ,i~,,_"-L COUNT IV SHULLER V. LUTHER L. KECK SLANDER 35. Defendant Luther L. Keck has published the accusation thai Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer In his place of business known to be frequented by members of the general public and knowing that said' members of the general public would obtain copies of the flyer all alleg,ing that Plaintiff has committed violations of State law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 36. Defendant Luther L Keck publication of said flyer is not privileged and tend to harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form assocIating with him. 37. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publitation of the flyer prepared by and provided to him by Daniel L. Danner. 38. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 39. The defamatory statements contained In the flyer as published by Defendant Luther L. Keck were further made by Defendant Luther L. Keck as a result of expressed mallce arising from ill-will, bad intent or malivence toward Plaintiff and - therefore Plaintiff is entitled to recover punitive damages in an amount to be ' determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount in excess of $100,000.00. .,~~ ~",,~~= - c, ,- '-'" ~"_._r ~~=-~=' ,~ ." COUNT V SHULLER V. LUTHER L. KECK LIABLE 40. Defendant Luther L. Keck has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Dannar to provide copies of the defamatory flyer in his place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging thaI Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed In his store are false. 41. Defendant Luther L. Keck publication of said flyer Is not privileged and tend to harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 42. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory pUblication ofthe flyer prepared by and provided to him by DanIel L. Danner. 43. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 44. The defamatory statements contained in the nyer as published by Defendant Luther L. Keck were further made by Defendant Luther L. Keck as a result of expressed malice arising from ill-will, bad intent or malivence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount In excess of $100,000.00. , -- ^~, ; _ "_ _- C,-- 0, _-. ,_; ,_ co"" -~ "-,,, -" COUNT XI SHULLER V. LUTHER L. KECK DEFAMATION OF CHARACTER 45. Defendant Luther l. Keck has published the accusation that Plaintiff has violated State Law by intentIonally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in his place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain oopies of the flyer all slfeging that Plaintiff has committed violations of State law. The statements and communications knowingly, Intentionally and wlllfully allowed to be distributed in his store are false. 46. Defendant Luther L. Keck publication of said flyer IS not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 47. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. . Danner. 48. Plaintiff is entitled to recover from Defendant Luther L. Keck compensatory damages sustained in an amount not yet ascertained. 49. The defamatory statements contained In the flyer as published by Defendant Luther L. Keck were further made by Defendant Luther L. Keck as a result of expressed malice arising from ill-will, bad intent or malivence toward Plaintiff and _ therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shulter hereby requests judgment in his favor and against Defendant Luther L. Keck in an amount in excess of $100,000.00. -" n T~~?: /7. T./9[;1 ,-W'J "'"",1., <_,_ e- , ~ ,~~ _<or .,,,~. COUNT VII SHUllER V. DORIS M. KECK SLANDER 50. Defendant Doris M. Keek has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatol)l flyer in her prace of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store ere false. 51. Defendant Doris M. Keek publication of said flyer Is not privileged and tend to harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 52. Plaintiff has suffered compensatol)l damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 53. Plaintiff is entitled to recover from Defendant Doris M. Keck compensatory damages sustained in an amount not yet ascertained. 54. The defamatol)l statements contained In the flyer as published by Defendant Doris M. Keck were further made by Defendant Doris M. Keek as a result of expressed matlce arising from ill-will. bad intent or mal/vence toward Plaintiff and therefore Plaintiff is entitled to recover punitIVe damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Doris M, Keck in an amount in exeeS$ of $100,000.00. ""-'"'lr .HO Mill SErO 9SLS61>ZL 1L 1:E: n 1:001:/2:,/90__, ->0. I ; ~_, 1 _ "_' COUNT VIII SHULLER V. DORIS M. KECK LIABLE 55. Defendant Doris M. Keck has published the accusation that Plaintiff has violated State law by Intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members ofthe general public and knowing that said members oftha general pUblic would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, Intentionally and willfully allowed to be distributed In his store are false. 56. Defendant Doris M. Keck publication of said flyer is not privileged and tend to harm Plaintiffs reputatIon so as to lower hIm in the estimation oftha community or deter third parties form associating with him. 57. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 58. Plaintiff is entitled to recover from Defendant Doris M. Keck compensatory damages sustained in an amount not yet ascertaIned. 59. The defamatory statements contained In the flyer as published by Defendant Doris M. Keck were further made by Defendant Doris M. Keck as a result of expressed malice arising from III-will. bad intent or malivence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Bhuller hereby requests judgment In his favor and against Defendant Doris M. Keck In an amount In excess of $100,000.00. .......'1' J.Jn MI-I""1 can. _m __.. ~~I.C;ht>U tL 11;,:n 10e1:/C;1/91l '[WI;!i!l!!!ijlt ~ c_ ~_ ." c_, '; ,_, , _1_ -.-7""~'~C .-'- ~~ COUNT IX SHULLER V. DORIS M. KECK DEFAMATION OF CHARACTER 60. Defendant Doris M. Keck has published the accusatlon that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that saId members of the general public would obtain copies of the flyer all alleging that Plaintiff has cammltted viola1ions of State law. The statements and communIcations knowingly. intentionally and willfully allowed to be distributed in his store are false. 61_ Defendant Dorls M. Keck publication of saId flyer is not privileged and tend to harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 62. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 63. Plaintiff Is entitled to recover from Defendant Doris M. Keck compensatory I damages sustained in an amount not yet ascertained. 64. The defamatory statements contained in the flyer as published by Defendant Doris M. Keck were further made by Defendant Doris M. Keck as a result of expressed malice arising from iII.will, bad intent or ma/ivence toward Plaintiff and . therefore Plaintiff i$ entitled to recover punitive damages in an amount to be determined. WHEREFORE. for all the above reasons, Plaintiff Albert H. "Suck" Shuller hereby requests judgment in his favor and against Defendant Doris M. Keck in an amount in excess of $100,000.00. . r".r./ ehb7.} tl u;:n 100i;/i;!/9' . , .'~', '-., "--. , , '1 -.- " 1[:1 ~'-", '1 ,', -"-'. " COUNT VII SHULLER V. STEVEN P. HAMMOND SLANDER 65. Defendant Steven P. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of tne general public and knowing that said members of the general pUblic would obtain copies of the flyer al/ alleging that Plaintiff has committed violalions of State Law. The statements and communications knowingly, Intentionally and willfully aI/owed to be distributed in his store are false. 66. Defendant Steven P. Hammond publication of said flyer Is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 67. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by DanIel L. Danner. 68. Plaintiff Is entitled to recover from Defendant Steven P. Hammond compensatory damages sustained fn an amount not yet ascertained. 69. The defamatory statements contained in the flyer as published by Defendant Steven P. Hammond were further made by Defendant Steven p, Hammond as a result of expressed malice arising from iII~will, bad intent or malivence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests Judgment in his favor and against Defendant steven P. HammOnd in an amount In excess of $100,000.00. ...... '/'"'r::...,7 J 1) 'tE:n n'l82:/2:,/91 ", =, COUNT VIII SHULLER V. STeVEN P. HAMMOND LIABLE . 70. Defendant Steven P. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain capies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 71. Defendan! Steven P. Hammond publication of said flyer is not privileged and tend to harm Plaintiff's reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 72. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 73. Plaintiff is entitled to recover from Defendant Steven P. Hammond compensatory damages sustained in an amount not yet ascertained. 74. The defamatory statements contained In the flyer as published by Defendant Steven P. Hammond were further made by Defendant Steven P. Hammond as a result of expressed malice arising from Ill-will, bad intent or mal1vence toward_ Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above 'reasons, Plaintiff Albert H. "Buck" 5huller hereb~ requests Judgment in his favor and against Defendant Steven P. Hammond in an amount In excess of $100,000.00. ~-''''T Tr.lr.:l717.l/9 ,,'-. - ~'-, -, '1,'J _' .T,"" ._ ,_'0 COUNT IX SHULLER V. STEVEN P. HAMMOND DEFAMATION OF CHARACTER 75. Defendant Steven P. Hammond has publlshed the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members-of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed In his store are false. 76. Defendant Steven P. Hammond publication of said fiyer Is not privileged and tend to harm Plalntlffs reputation so as to lower 'him In the estimation of the community or deter third parties form associating with him. 77. PlaintIff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 78. Plaintiff is entitled to recover from Defendant Steven P. Hammond compensatory damages sustained in an amount not yet ascertained. 79. The defamatory statements contained in the flyer as published by Defendanl Sleven p, Hammond were further made by Defendant steven P. Hammond as a result of expressed malice ariSing from ill-will. bad intent or malivence toward _ Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount 10 be determined. WHE:REFORE, for all the above reasons, Plaintiff Albert' H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Steven P. Hammond in an amount in excess of $100,000.00. - .....,. Tr.l1:l7/7.T./9 ,,.,,.,. ~. ~ ^' _,t , ~ COUNT VII SHULLER V. TAMMY L. HAMMOND SLANDER 80. Defendant Tammy L. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allowing Daniel L Danner to provide caples of the defamatory flyer in her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of Slate Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 81. Defendant Tammy L. Hammond publication of said flyer is not privileged and tend to harm Plaintiffs reputation so as to lower him in the estimation of the community or deter third parties form associating with him. 82. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to hIm by Daniel L. Danner. 83. Plaintiff is entitled to recover from Defendant Tammy L. Hammond compensatory damages sustaIned in an amount not yet ascertained. 84. The defamatory statements contained in the flyer as published by Defendant Tammy L. Hammond were further made by Defendant Tammy L. Hammond as a result of expressed malice arising from ill-will, bad intent or mallvence toward Plaintiff and therefore Plaintiff is entitled to recover punitive damages in an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" ShuIJer hereb~ requests judgment In his favor and against Defendant Tammy L. Hammond in an amount in excess of $1 00,000.00. , ....... Tnn7 I?T iq '. "~",~q,- '^-~ ~ . r"", _"'c", ," _ , .~", COUNT VIII SHULLER V. TAMMY L. HAMMOND LIABLE 85. Defendant Tammy L. Hammond has published the accusation that Plaintiff has violated State Law by intentionally, knowingly and recklessly allOWing Daniel L. Danner to provide copies of the defamatory flyer in her place of business known to be frequented tiy members of the general public and knowing that said membenl of the general publiC would obtain copies of the flyer all alleging that Plaintiff has committed violations of Stale Law. The statements and communications knowingly, intentionally and wlllfully allowed to be distributed in his store are false. 86. Defendant Tammy L. Hammond publication of said flyer Is not privileged and tend to hann Plaintiffs reputation so 85 to lower him In the estimation of the community or deter third parties fonn associating with him. 87. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Deniel L. Danner. 88. Plaintiff is entitled to recoverfrom Defendant Tammy L. Hammond compensatory damages sustained in an amount not yet ascertained. 89. The defamatory statements contained in the flyer as published by Defendant Tammy L. Hammond were further made by Defendant Tammy L. Hammond as a result of expressed malice arising from ill-will, bad intent or malivence toward. PlaintIff and therefore Plaintiff Is entitled to recover punitive damages In an amount to be determined. WHEREFORE, for all the above reasons, Plaintiff Albert H. "Buck" Shuller hereby requests judgment in his favor and against Defendant Tammy L. Hammond in an amount in excess of $100,000.00. -"'TT T(;II)7.J7.t/13 .- -' - -~" ' ._ o' , ,~ "'" COUNT IX SHULLER V. TAMMY L. HAMMOND DEFAMATION OF CHARACTER 90. Defendant Tammy L. Hammond has published the accusation that Plaintiff has violated State Law by Intentionally, knowingly and recklessly allowing Daniell. Danner to provide copies of the defamatory flyer In her place of business known to be frequented by members of the general public and knowing that said members of the general public would obtain copies of the flyer all alleging that Plaintiff has committed violations of State Law. The statements and communications knowingly, intentionally and willfully allowed to be distributed in his store are false. 91. Defendant Tammy L. Hammond publication of said flyer Is not privileged and tend to harm Plaintiffs reputation so as to lower him In the estimation of the community or deter third partIes form associating with him. 92. Plaintiff has suffered compensatory damages as a result of Defendant's defamatory publication of the flyer prepared by and provided to him by Daniel L. Danner. 93. Plaintiff is entitled to recover from Defendant Tammy L. Hammond compensatory damages sustained in an amount not yet ascertained. 94. The defamatory statements contained in the flyer as published by Defendant Tammy L. Hammond were further made by Defendant Tammy L. Hammond as a result of expressed malice arising from iii-will, bad intent or malivence toward_ Plaintiff and therefore Plaintiff Is entitled to recover punitive damages In an amount to be determined. ~~,l'C'_ ,_~"'r __, ":~_"'" ,-- DANIEL L. DANNER PENN TOWNSHIP SUPERVISOR May 15, 2001 DANIEL l.. DANNER Life time resident of Penn Township, attended Big Spring School District, ConlnK:tor for 40 years in Penn Township, retired, Elected Auditor for 6 year tenn, Why do 1 WIDI to IerYe as YOUT next Township Supervisor; Stop tbe Improper cOllduct by the Cha.inDan oEBoard ofSl.lpervison Open Townsblp recordl to auditors and the public: Start repairing anel building tolt'1lship roads that last for years and are maintained properly I want to lead Township back 10 a democracy that represents aU the people Waut money paid back ShuUer <:QUected money for being a road superintendent, a title he created. and aU he did was tbe normally required duties as elected supervisor, collected JDCney in violation of state law. Shutler improperly placed liimself and wife on the Township Health Insurance Plan in the middle of a six-year term as supervisor. Violated state law by voting himself compensation while in office and not waiting until nellt term. Violation of Peuruylv.nia Shlle Law Mr. Shuller violated the Pennsylvania Sunshine and Open Records Law when the current township secretlU}' III1d treasurer were hired. Albert ShuUer violated state law and the township secood c\ass.<<Ide when be privately negotiated and signed a contract with an Advertising ~mpany to QOmtruct two bill board signs along Interstate 81 on township property. Mr. Shuller secretly authorized the leasing afthe towmhip property without allowing the public: to bid on the lease, Albert Shuller waslhe only Supervisor to sign the cont.ract. Albert Sbul1er using his personal and township attorney Ron Turo attempted 10 bribe an()t~ supervisor with jobs for votillg YC3 with Albert Sbuller at tOWl'lBhip mcetlngs. This offer of a bribe was given on tOWJ1Sbip property. As Auditor Daniel Danner and fellow elected auditors are denied peIIllission to access the computerized linancilll and other records of the township. ':!:"T.J.Jn M~" con r....jl"',..~."J...1 ~t"'."I',. Tr:zr.:t7/7TJQ.[ ~~ ~"~->e,,~ ,_:~,_ ,. "'-'1 T . lil~,~;~;liflji~~~Wci;~'!t~t;},l;l{,;!'g~,:,(,j!l~JI~~j~~e~~~~1~~i~{I~~~~i.;'.,~11;~~;!V;;!1~lft;';;;~~iii!;l?;'!;iI~;~;;r,;{'i~~:,~ AND NOW, this 2,:~h day of June, 2001, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ron Turo, Esquire 32 South Bedford Street Carlisle, PA l7013 (Counsel for Plaintiff) David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 (Personal Counsel for Hammond's & Keck's) Daniel L. Danner 1046 Centerville Road Newville, PA 17241 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By; ---r~~L/~~ / Dbug as . arce 0, Esquire : 135599.1 ~rilim:'~\t;i:hlf:l~t1s~1iVi1:44~~,*~1fjjR~'f:~iqitt';{-li&\itW1';~' }, (')v>;:d ~~~ -e::a ~~~ "OtI1tI1 ;J>tju:> ,....."rl,Q -.Joe:: ~~~ u:> ...., ~ ...., .:~ , >" , ~,':, :c > Z ,. '" 0 is :u - a gj p ~ :e c: '" :>: ;:l P IU ~ ~ ~ ~ '" :i ;j ~ m en 2. >-l :t o ~ :>> f~ o :t ~~ ~:>> '" '" ~\l? r':I: ~~ :r; 1= 'd w & 1/1 '/1''/1''/1''''.111111**1111. 1 I, I'" " - , PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritteu aud submitted iu duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ALBERT H. "BUCK" SHULLER, Plaintiff v. DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. HAMMOND and TAMMY L. HAMtv10ND, Defendants No.: 01-3507 Civil l. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants, Steven P. Hammond and Tammy L. Hammond's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: (a) For Plaintiff: Address: David A. Baric, Esquire l7 West South Street Carlisle, P A l7013 (b) For Defendants: Douglas B. Marcello, Esquire (Steven P. Hammond and Tammy Hammond) Address: 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 3. argument. I will notify all parties in writing within two days that this case has been listed for 4. Argument Court Date: August 21, 2001 :135574.1 ~~~ Dated: June 25, 200l Wi"~,,) --, ,-,,,,,,,,,,",",,,,"<,',",_0.-, ..".r.'__~ "."__'~_',~" w~ _~M-"_,~" ~~,,~, _ , ~, <. ~" AND NOW, this 2$th day of June, 2001, I hereby certifY that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ron Turo, Esqnire 32 South Bedford Street Carlisle, P A 17013 (Counsel for Plaintiff) David A. Baric, Esquire O'Brien, Baric & Scherer l7 West South Street Carlisle, PA 17013 (Personal Counselfor Hammond's & Keck's) Daniel L. Danner 1046 Centerville Road Newville,PA 17241 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: \ ~ :135599.1 'lll (S [0 -.~ " I~'''''' ,-,.. \.<"-. _n" ,,-, r ,", o e- ll'S: rTI_c'J. "'? L' :?:f" E!j :'_' C::,: is S:l :\) ~,n ~-'':: (: _c; , -" <' "',,"Jk ,-. "---.,^ ~::=; -; ;~E I r-...) ~._.j "',1 ::_-; ,. ~_M~ "'''~-'- ,'.' i" ,,_,.,"~_~_WI5-~~~~~l;"'~,_!1K"'~'___f"'~_" Jfl'1I .~ ,= ,,(,~~~: ,,-.... .--\ ALBERT H. "BUCK" SHULLER, Plaintiff v. : IN THE COURT OF C0Mtv10N PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 01-3507 CIVIL TERM DANIEL L. DANNER, LUTHER L. KECK, DORIS M. KECK, STEVEN P. : CIVIL ACTION - LAW HAMMOND and TAMMY L. HAMMOND: JURY TRIAL DEMANDED Defendants , '" u..... _ .<. ....,,__ ~', ..' '."P~<::;~];JI;9I{.;El'f~:I,{,Xq)l.M>:P:E:~~.lt.'.' TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Steven P. Hammond and Tammy L. Hammond, in the above matter. Respectfully submitted, By: Douglas cello, Esquire 305 N Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Date: June 25, 200l : 135559.1 ; ".. ,,,' """~'~"" ,,,'."~,'J,"'., ,.,..'..'.::.',.'.,€E&TIFJ:CAl'E'OFSE&VlCE ,....' :''-: ~,,:i:.~.:~~:,:.~':::::?::,::,:";:':"':_::':'~:';,:+:::;::~t:::(: ,;:,t/;:(.:, :;,t':',':", ":::"', ':',""':''': ~'-:,', ';.'~'~~8:~:::~;:~:}::::':::::':;':::;Y:~:::~9':1?~~::.:~::':'::'~':': '~:>:;;;:,;,(;:.:~:,~ ...,..:.... "p'" '.....--,..... ':":-'::':',::""'.,:,"'" """: .. ".r,. t.)""'" - "'" I.d """--':,,;,;,L"'.: ..... ..-',,,.,,. ......----..---- ,~" ":;.-t_,' -,,' ";:~,---:.,,,,,,,,.,.,,,,,.,,...., ';" "...., ' , , AND NOW, this 25th day of June, 2001, I hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (Counsel for Plaintiff) David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, P A l7013 (Personal Counselfor Hammond's & Keck's) Daniel L. Danner 1046 Centerville Road Newville, P A 1724l Respectfully submitted, By: :135599.1 '1'l ,~-- ,,_. ~< ,c _C'~''''.__ ",_ ,~_""""',~>< ~, - -... '~,"",,-F_~ -"<'~H -' " 0> (') C',~ c:: 'U_ ~\ fT! - . '7 -" 7. , ".- .. (" Cfi !'oJ ~~ ..- " , .-.J :~-. ( - " ~::..; , .. ~! :::::: (J n :.t.l N -< co ~; (0 <J\ CP ,." 3: -..... ~'", ~,_ ~,.,. " 'T- 0, 1'- "~'''~,' ~"'''-'M~' "'-~ ",,,,,,,,:,\,~~~g~~~. F., J.j~~,1'-~~.~, _:J _wr,l~_."_,~f!""""_"!""~"_~-1~ - - , :tW%~~i;ji.~~\}iJAV,{~~](~~7t-&~#'7i\',~\~~~\:~j%_'~-"'--_" 'j 1 ,~ ~-tl ~*~ <(")m F~t"" t""....,t"" JtimCi "O?2~ >- :;b Nm;:o ;=;:0 o ~ ;-1 :1 , , ,~ II ~ !~ ,( :\'-,;\~: ,-. :t ,. z 2'! '" 0 !!\ '" - ~ gj p ~ :t ~ ~ ." ~ (;) >< r ~ .~ ~ 8 ... ~ ., i ". ...., :t o 3:: ~ & ~:, o :t ill 0 Z 3:: ~~ '" '" ~?l> t" :I: ~ ~ ?l ~ '" a. 0.. ~ /II .1111111111111111111111-1\ .'!.7.~:',f;gj~~:'~{I\igii;'iiz~:kYtf\i~~:8t;ftf5~,~i'~..a2'6tWf::[1i#i'{;j; ",r( ~;;:'11\':1ii~'ij'j,~~"'-.\JtE;;&i1'~if:?';';jj;*,,t-"f,t~j\;'~,~r,;:}f~Z-;{0:Y:J;:i:'i-i:~Xf-t~";'",).> '" .:i;~'~ .~,"\-~\";0)r_;;fi':~~1~~{~r(!1-rS~~<~I€:';~;;it1~t;'Jh;~~lNK:'P-;f;J:^~jt:g: U> ;t ..., :t o :<: :>- ~ ~ o ;i ;c 0 z :<: ::1 ~ '" ~Ro t"" ::I: ~~ ~ w 0 :t ~ ,. z " 0 " '" '" ~ <;; X '" " .... :t c: '" :t ." " 0 5 " j:l x 0 z ;'1 '" .... ~ 0 " '" :::; .... " <5 '" '" !:1 I 1 n.....Ot::l ~~~$ ..... (J)H t::l ~...,ii > tr1 (J)' . :.c 0 tJl tP~ > c:::~ ""::0 .....::I:H n -..J (J) (') . 0..., tr1 ~?;lR'>2 tr1w g ...,~ ?;l ::0 M ::0 :~ I' Ii i I, 1 ;~ j ! / H"l "in\ I 2 '\>1\ :-0 z _ i~ ~ ::~I -d~ .. ;:) s> .Ii -:J~l~'\~'" :;:;,l~"", l-.;; ...,_@k"",", -t..., ~; 'Ar~<lli~1. III f=\'~l: ;, i\\~ _...11:'/1******* ~II t1~~fi~;,*G0;,1l~'1'i.t%~;it;~'-~:ili~i.*~'@'f~~?i~'ih1'(~\j:f~.~,~i~l~" " '~ :r;w>cJtJ :O<O:r;O :>;1(J10C :>;1 8:(;) HZ:O<t" UlOUl:O< tJl :>;1 - Ul C>cJ :>;1:r;>cJtJl (;) :r; - "'l0 :>;18:8: '00:0<:0< :O<ZUl:>;1 >cJ 0 R'> M >-'Ul t" -.J>cJ:r;t" >-':>;1:0<0 Ot:x:l t"rj"" coMM >cJ:>;1M Ul 10 t"C t"H '0:>;1 M "n' >i ...,.~ ,r, J :1 '" 2- ~ 0 " ~ > z " 0 " '" on ::j ~ " ~ " c:: '" " ." ~ ~ g " 0 :;; '" z :g .... " on ::; .... ~ " E o-J :r o 3: > ~ '" o ;? ;o:l 0 Z 3: ~ ~ '" ~R'> t'" ::Ii ~~ ~ 'l:l { ~,q~;fi\ ,"0 :z _ 1- ~ (/] I \j' . ~' 5: ~ I El~',.i "~J"'i"" ~t'Jo,~ :;,. "'I,;"::l ~... \. ~r;.s.;~'''.' ( ~,--". ;, ~ ~:~:t,,~~~ I III E;'~~ I 0 '=\\~ . c..J , W -:::: \ I ..... "..!! I "1 ~..li \ I _111111._"'**_**.. .,;'t~'<_!~:';;:~;l;::l}?&j:;,&~ :::2, ~M'*!-ti;~t4t<t,[~:*;;.'%:iW:ff;,__Pb}~ "0-'.":'"--,,,:;;,;, "i-:",,::-:;,<>: '1""" I :~ 8/2/05 I had called Doug Miller re this letter to see if he was in agreement to moving the date and had given him an Oct. 27 date. However, he got back to me and said his client wasn't willing to move the date of the trial. So, I told him I would leave it as is until he or Ron notified me of any change. However; as of Aug. 2, I told Doug that Oct. date was not available anymore. I had filled it in with something else. He said as far as he knew, the pretrial was still on for Aug. 10, but that he was going to talk with Ron. Ruth ;tr~-, ~ " . "~,,'-"'7'-,, -"'-'_''':'"'_- "~'7"'-','"" _',_Y,_ .'~. .. ~,~, - ^ "_' ,~ ~~ .,-- I t l .r:r.. Turo Law Offices RON TURO, Esquire GALEN R WALTZ, Esquire JAMES M. ROBINSON, Esquire RICHARD D, KOCH. Esquire' MICHAEL M, JEROMINSKI, Esquire MICHAEL R SMITH. Esquire 'Also Admitted in Maryland The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 www.TuroLaw..com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 July 11, 2005 Re: ALBERT H. "BUCK" SHULLER v. DANIEL L. DANNER No: 01-3507 - Civil Term Dear Judge Oler: Thank you for your Order of Court of June 27,2005 scheduling a pre-trial conference and a trial in the above captioned matter. Unfortunately at the same time of your scheduling of this matter for a trial date of September 7,2005, I have been asked to join a Statewide Committee handling aftercare issues in the juvenile delinquency systems chaired by Judge Richard Lewis of Dauphin County. On the date the group met the most available day for all parties was, in fact, Wednesday, September 7, 2005 for our next statewide meeting. Consequently I respectfully request that you reschedule the non-jury trial from September 7,2005 to a date consistent with Mr. Miller's schedule, my schedule, and that of Galen Waltz in my office who will be actually trying the case. I sincerely thank you in advance for you RT/jah c.c. Douglas G. Miller, Esquire Galen Waltz, Esquire Buck Shuller ~~-" , squire uro@TuroLaw.Com J\\\. ,j LOOS ."_;C,,";,__TCO_, ~-'""'-'~"".'" ~--__P," ~"__""',:'-1i~'''<O''"''~ ','. , .- W,' _ _,~,,~_ _,,' .. _,._~o;:_~,~ ~~"_ Taryn N. Dixon Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square . Carlisle. PA 17013 Phone Melissa H. Calvanelli (717) 240-6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX MEMORANDUM TO: The Honorable J. Wesley Oler, Jr. FROM: Melissa H. Calvanelli, Assistant Court Administrator DATE: June 20, 2005 INRE: 01-3507 Civil Action - Law "-' Albert Shuller v. Daniel Danner The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment ~>;; ,L_ . ,,~. o;'~y.?41_rc':';~'" '-:"-' , :';~'-"':~'.}--"" ,,':r,"'~_,',,__;'.'::;",'C: 0-"" -. ,-'-&- - _,~ __"0''-' ""-"-,-,0<,-,--,'- - "'--""""'-' =,-'" ~~--,,- ,~-'" ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) RECEIVED MAY 262005/ TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following case: for JURY trial at the next term of civil court. x ) for trial without a jury. --~--------------~--------------------------------_.._.. .----------------------------------.------------------ ----..---------------------.----. .--------- --- CAPTION OF CASE lentire caption must be stated in full) (check one'; ,\ssumps:l 5] ....,- , ....., =, 0 = " en ~. -I 'T ~, Fi';jll , "i- N -orr; .,/0 G'l (:)cS .--1__-;. """D -.-- " ;2~~ GO u ",I -;> c::> :-D r..J .~ ( xl Trespass '0(-' , ;2 ~, Trespass (Motor Veh~~) ~~~~ ~:, ' ALBERT H. "BUCK" SHULLER, (Plaintiff) (otheri>~. :2 ~ -< vs. DANIEL L. DANNER, The trial list will be called on and Trials commence on (Defendant) Pretriais will be held on (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. 01-3507 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Douglas G. Miller, Esquire. Irwin & McKnil!ht. 60 West Pomfret St.. r...rli"l,., .P.L17013 Indicate trial counsel for other parties if known: Turo Law Offices. 28 South fiI:~ S~r..,.t, Carlisle, PA 17013 This case is ready for trial. Signed: ~fAv --ik-~ Print Na:-1:~as G. Miller. EsquiTe Date: 5/25/05 ~ Attorney for: -lli'fenda1!..t_ :c~ml,1 "'J~n ~,~J~ PRETRIAL CONFERENCE ORDER CASE NAME: CASE NO. I. Pretrial Conference Data A. Date - B. Judge- C. Attomeys/Parties II. Nature of Case A. Cause of Action B. Basic Facts C. Defense m. Trial A. Jury/Nonjury- B. Peremptories- C. Estimate of Duration - D . Availability of Counsel - N. Issues V. Status of Settlement Negotiations ':?r~'''*~''''- -~, .,_0,", "-, jti?lffr~'@ggt4t'7!K;WfJ1~f~i~c~'\if~'*J}J}J;XL1ti4t""O -~<, '1fT] T o )0 :II C '" Ol ,... 0 J'I :E '1l '" ~ ~ Z '1l '" 0 0( :;: !< '1\ )0 :II Z ~ ;;: !!.\ - :II " '" ~ '" '" -i W III III III o""-i:II >(I)C:O :Ilcn:IlZ .00> Wc:.' .-i>O m:I::\E-i ;':20C: >:::I"11~ ... "11. .....~om S:Ilmcn wmcno m 5 -i :II m .Si:f',~?r;:z*2':Z"~?::&~-T_l{,:';Q&~'j~i.fu;in:!it~~.jgi~~i;~iili~wYit~~:?~'f,~ff:t'R%~ ~I:..::t ~ ~. ~ ~ ~ ~ ~ ~ \i~ lj z o 0, ]~~ ':\ .,\'1 , -,tfi;; ~;;; ~\~~\, ~~ ~, p.,J. ~ ~ 1&'1r-~~I~~\: l= L~ , \I> III 1!111 " U. 1'1 ~ --.j ,'III ". 1/1 ['' ~ J~ ........**...1}>a-...... () ~ ~ ~ r- iii ~ - Ol ~ ~ ~ ~ . ... '" . ~ 'i!'q~:;: z ... , 0 '" 0 ~ ~ ." -< s: "1'\ '1'1 !( 'TI PI _ )> ::u m n ~ 9 ~{ Cl )0 -i ~ :;j ::u III . o '" c _ ftI ;: W -f 2 . z ~ Q II) II) OOlSjO )>0=e0 ::D=e_C r"'mZG') cnenjlO> r"'-I;s:en .!'1:EOG') "tl G') " . )>::J:Z;S: "'!!li5r= c:l::D::J:ln "'m-l::D Wm _ -I m en o c jj m CCl~/m 1)' j' I - " 1> 0~ ~~>tl '",~,," f~ :;;;: " ,,( t-' . h~ ~ ......, _~ ~~ ...'O.~ ~ :II ,~PJ- ':::"J~~\' a".. '~1l! ~I ~llll~ ~I ;;: 1'1 Xii U 4-"'>1-*****...."'''',.. ~- -- LAW OFFICES IRWIN & McKNIGHT RECf':=:iV ~.u MAY 0 1 2006 ~ 'j ROGER B. IRWIN MARCUS A. McKNIGHT. III DOUGlAS G. MILLER MATTHEW A McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWW.1MHLAWCOM :s ~ HAROLDS./RWIN (/925-1977) ~ HAROLD S./RWlN, JR. (1954-/9/16) IRWIN, IRWIN & IRWIN (1956-/9R6) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN. McKNIGHT & HUGHES (1994-2003) April 25, 2006 GALENR. WALTZ,ESQUIRE TURD LAW OFFICES 28 SOUTH PITT STREET CARLISLE, PA 17013 RE: SHULLERv.DANNER No.: 01-3507 Dear Attorney Waltz: Enclosed for service upon you please find a copy of the Praecipe to Enter Judgment as well as the Notice of Appeal which has been filed at the Cumberland County Courthouse. If you have any questions or would like to discuss this matter further, please do not hesitate to contact me. Very truly yours, IRWIN & McKNIGHT -~J!;~ DGM:tds Enclosure cc: Daniel Danner (w/enc) The Honorable J. Wesley Oler, Jr. (w/enc) Taryn N. Dixon, Court Adminstrator (w/enc) ';;J~"'~ , . ""-,~ " , " .~- , RECEIVED MAY 0 1 Z006 v. : IN THE COURT OF CO EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3507 CIVIL TERM ALBERT H. "BUCK" SHULLER, Plaintiff, DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. NOTICE OF APPEAL Notice is hereby given that DanielL. Danner, Defendant in the above-captioned matter, hereby appeals to the Superior Court of Pennsylvania from the judgment entered on April 27, 2006, pursuant to the Order entered in this matter on the 30th day of December, 2005, and Order denying Defendant's Motion for Judgment Notwithstanding the Verdict entered on March 29, 2006. These Orders and judgment have been entered in the docket as evidenced by the attached copy of the docket entry. Respectfully Submitted, IRWIN & McKNIGHT By: .~ Dated: April 27, 2006 Do as G. 'lIer, Esquire Supreme Court ill No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, DanielL. Danner o c:: '?< ,-,. """ c:) c-;l c~ N o -n .-{ f1i~ , -:'Jrn ,1,-,--, ~:~,; i~~;: " '\ ~~J }:~ ~~~ ~ ~~ =< """ -0 :;0 r'-" OJ -~,', '" co ,,~~lt ~~ ~ . ~-',"" .'''"'' ," ,,'-' - , ". . ~ - . .-- ._'r "<,,"~,, ~ PY,S511 " cumberland County Prothonotary's Office Civil Case Print Page 1 DANIEL L ET AL Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER Reference No.. : Case Type.....: COMPLAINT Judgment... ...: 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : ------------ Case Comments ------------- 6/07/2001 8:02 0/00/0000 0/00/0000 202 MDA 2006 ******************************************************************************** General Index Attorney Info SHULLER ALBERT H "BUCK" 120 LEEDS ROAD NEWVILLE PA 17241 DANNER DANIEL L 1046 CENTERVILLE ROAD NEWVILLE PA 17241 KECK LUTHER L 1140 CENTERVILLE ROAD NEWVILLE PA 17241 KECK DORIS M 1140 CENTERVILLE ROAD NEWVILLE PA 17241 HAMMOND STEVEN P 1419 WALNUT BOTTOM ROAD SHIPPENSBURG PA 17257 HAMMOND TAMMY L 1419 WALNUT BOTTOM ROAD SHIPPENSBURG PA 17257 PLAINTIFF TURO RON DEFENDANT DEFENDANT DEFENDANT DEFENDANT DEFENDANT ******************************************************************************** Judgment Index Amount Date Desc DANNER DANIEL L DANNER DANIEL L 500.00 500.00 12/30/2005 VERDICT 4/27/2006 JUDGMENT ON VERDICT ******************************************************************************** * Date Entries * ******************************************************************************** 6/07/2001 6/12/2001 6/12/2001 6/12/2001 6/12/2001 6/12/2001 ')'!I'\tt1. ,- ~.".- - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CIVIL ACTION SHERIFF'S RETURN FILED Litiqant.: DANNER DANIEL L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $40.40 pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litiqant.: KECK LUTHER L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Hnd To: DORIS KECK, WIFE Costs....: $16.00 pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litiqant.: KECK DORIS M SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs....: $16.00 Pd By: RON TURO 06/12/2001 ------------------------------------------------------------------- SHERIFF'S RETURN FILED Litiqant.: HAMMOND STEVEN P SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs. ...: $16.00 pd By: RON TURO 06/12/2001 ------------------------------ ------------------------------------- SHERIFF'S RETURN FILED Litiqant.: HAMMOND TAMMY L SERVED : 6/08/01 COMPLAINT NEWVILLE PA Costs. ...: $16.00 pd By: RON TURO 06/12/2001 ., ".~ "-' '" ~ ~--, PY~511 Cumberland County Prothonotary's Office Civil Case Print Page 2 2001-03507 SHULLER ALBERT H "BUCK" (VS) DANNER DANIEL L ET AL Reference No..: Case Type.. ...: COMPLAINT Judgment.. ....: 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : ------------ Case Comments ------------- 6/07/2001 8:02 0/00/0000 0/00/0000 202 MDA 2006 6/27/2001 6/27/2001 7/05/2001 7/10/2001 7/16/2001 7/20/2001 9/13/2001 11/21/2001 12/06/2001 1/03/2002 1/11/2002 1/15/2002 2/14/2002 4/08/2002 5/28/2002 7/01/2002 7/22/2002 8/02/2004 8/02/2004 9/20/2004 Filed........ : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: DEFENDANT'S STEVEN P HAMMOND AND TAMMY L HAMMOND'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY DOUGLAS B MARCELLO ESQ ---------------------------------- --------------------------------- DEFENDANT'S LUTHER L KECK AND DORIS M KECK'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT - BY DAVID A BARIC ESQ ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFTS STEVEN P HAMMOND AND AND TAMMY L HAMMOND'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY DODGLAS B MARCELL ESQ -----~------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFT DANIEL L DANNER TO PLAINTIFF'S COMPLAINT - BY DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT KECK'S AND DEFT AMMOND'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ -----~------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFENDANT DANIEL L DANNER PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDANT'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ ------------------------------------------------------------------- OPINION AND ORDER OF COURT - DATED 11/20/01 - IN RE DEFENDANT DANIEL DANNER'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT - COUNT 1 (LIBEL) OF PLAINTIFF'S COMPLAINT IS DISMISSED SUBJECT TO A RIGHT OF PLAINTIFF TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS OF THE DATE OF THIS ORDER REPLEADING THE COUNT IF POSSIBLE IN ACCORDANCW WITH THE ACCOMPANYING AND COUNT II (SLANDER) AND III (DEFAMATION OF CHARACTER) OF PLAINTIFF'S COMPLAINT ARE DISMISSED WITH PREJUDICE - BY J WESLEY OLER JR J - COPIES MAILED 11/21/01 ------------------------------------------------------------------- AMENDED COMPLAINT - BY RON TURO ESQ -----~------------------------------------------------------------- PRELIMINARY OBJECTIONS OF DEFT TO PLFF'S AMENDED COMPLAINT - BY DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - BY RON TURO ESQ FOR PLFF -----~------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S PRELIMINARY OBJECTIONS - BY RON TURO ESQ -----~------------------------------------------------------------- ORDER OF COURT - DATED 2/13/02 - BY AGREEMENT OF COUNSEL THE ABOVE CAPTIONED MATTER IS CONTINUJED FROM 2/13/02 ARGUMENT COURT LIST COUNSEL IS DIRECTED TO RELIST THE CASE WHEN READY - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 2/14/02 -----~------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - BY RON TURO ESQ FOR PLFF -----~------------------------------------------------------------- ORDER OF COURT - DATED 5/28/02 - IN RE DEFTS PRELIMINARY OBJECTIONS TO PLFFS AMENDED COMPLAINT - AND BRIEF AND ARGUMENTS ON THE ISSUES PRESINTED THERIN AND FOR THE REASONS STATED IN THE ACCOMPANYING OPINION THE OBJECTIONS IS GRANTED AND COUNT I SLANDER OF PLFFS AMENDED COMPLAINT IS DISMISSED - BY THE COURT J WESLEY OLER JR J COPIES MAILED 5/28/02 -----~------------------------------------------------------------- ANSWER WITH NEW MATTER TO PLFF'S AMENDED COMPLAINT - BY DOUGLAS G MILLER ESQ -----~------------------------------------------------------------- ANSWER TO NEW MATTER - BY RON TURO ESQ -----~------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFT'S MOTION FOR SUMMARY JUDGMENT - BY DOUGLAS G MILLER ESQ -----~------------------------------------------------------------- DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - BY DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- DEPOSITION OF DANIEL DANNER TAKEN BY PLFF BEFORE DEBORAH ZEPP COURT REPORTER NOTARY PUBLIC TAKEN ON 5/17/04 AT 9:05 AM AT TURO ~i"'}~_ ~,_ ._,'_ C'~" ",." '_1~__ -. y- , '~ ;"'.' . ~, ~.J_ PYB511 Cumberland County Prothonotary's Office Civil Case Print 3 Page 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER DANIEL L ET AL Reference No.. : Case Type.....: COMPLAINT Judgment......: 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : ------------ Case Comments ------------- Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/07/2001 8:02 0/00/0000 0/00/0000 202 MDA 2006 1/07/2005 1/07/2005 3/08/2005 3/15/2005 3/18/2005 3/24/2005 4/07/2005 5/09/2005 5/25/2005 6/28/2005 7/07/2005 8/11/2005 8/17/2005 8/22/2005 8/29/2005 9/07/2005 12/22/2005 "'f~J!",_"....- ,__,_~_ " LAW OFFICES ---------------~--------------------------------------------------- MOTION FOR SUMMARY JUDGMENT ------------------------------------------------------------------- ORDER OF COURT - DATED 1/7/05 - MOlTON FOR SUMMARY JUDGMENT FILED ON BEHALF OF DEFF DANILE L DANNER & FOLLOWING ORAL ARGUMENT HELD ON 9/22/04 TH MOTION ID DENIED - BY THE COURT - J WESLEY OLER JR J ------------------------------------------------------------------- MOTION TO DISQUALIFY COUNSEL BY DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- ORDER OF COURT - DATED 3/15/05 - IN RE DEFT'S MOTION TO DISQUALIFY COUNSEL A RULE IS ISSUED UPON PLFF TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- AMENDED ORDER OF COURT - DATED 03-18-2005 - THE ORDER FILED 03-15-05 IS AMENDED TO REFLECT THE PROPER CAPTION IN THE ABOVE MATTER - THE REST OF THE ORDER SHALL REMAIN THE SAME ------------------------------------------------------------------- ANSWER TO MOTION TO DISQUALIFY COUNSEL - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT BY DOUGLAS G MILLER ESQ FOR DEFT - MOTION TO DISQUALIFY COUNSEL ------------------------------------------------------------------- OPINION AND ORDER OF COURT - DATED 5/9/05 IN RE MOTION OF DEFT TO DISQUALIFY TURO LAW OFFICES AS COUNSEL FOR PLFF - IT IS ORDERED - RON TURO ESQ IS DISQUALIFIED FROM REPRESENTING PLFF AT TRIAL - 2 THE MOTION OF DEFT TO DISQUALIFY TURO LAW OFFICES FROM REPRESENTING PLFF AT TRIAL IS DENIED - BY THE COURT EDGAR B BAYLEY J COPIES MAILED 5/9/05 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 6/27/05 - A PRETRIAL CONFERENCE IN THE ABOVE MATTER IS SCHEDULED FOR 8/10/05 AT 3:30 PM IN CHAMBERS OF THE UNDERSIGNED JUDGE CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - NONJURY TRIAL IS SCHEDULED FOR 9/7/05 AT 9:30 AM IN CR 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- STIPULATION - BY RON TURO ESQ AND DOUGLAS G MILLER ESQ FOR DEFT -----~------------------------------------------------------------- PRETRIAL CONFERENCE - BY J WESLEY OLER JR J ------------------------------------------------------------------- PLAINTIFF'S MOTION FOR CONTINUANCE - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 8/22/05 - IN RE PLFF'S MOTION FOR CONTINUANCE A RULE IS HEREBY ISSUED UPON DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 5 DAYS OF SERVICE - BY THE COURT J WESLEY OLER JR J COPIES MAILED -----~----------------------------------------~- ANSWER TO PLFF'S MOTION FOR CONTINUANCE - BY DOUGLAS G MILLER ESQ FOR DEFT ORDER OF COURT - DATED 9/6/05 - IN RE PLFF'S MOTION FOR CONTINUANCE AND OF DEFT'S ANSWER TO PLFF'S MOTION FOR CONTINUANCE THE MOTION IS GRANTED AND THE NON JURY TRIAL PREVIOUSLY SCHEDULED FOR 9/7/05 IS RESCHEDULED TO 12/21/05 AT 9:30 AM IN CR 1 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT J WESLEY OLER JR J COPIES MAILED 9/7/05 ------------------------------------------------------------------- ORDER OF COURT - DATED 12/21/05 - UPON CONSIDERATION OF THE PLFF'S AMENDED COMPLAINT IN THE ABOVE CAPTIONED MATTER AND FOLLOWING A NONJURY TRIAL HELD ON THIS DATE THE RECORD IS DECLARED CLOSED AND THE MATTER IS TAKEN UNDER ADVISEMENT - BY THE COURT J WESLEY OLER JR J COPIES MAILED PYS511 Cumberland County Prothonotary's Office Civil Case Print 4 Page 2001-03507 SHULLER ALBERT H "BUCK" (vs) DANNER Reference No..: Case Type.. ...: COMPLAINT Judgment......: 500.00 Judge Assigned: OLER J WESLEY JR Disposed Desc. : ------------ Case Comments ------------- 12/30/2005 1/09/2006 1/18/2006 1/24/2006 1/30/2006 2/02/2006 2/02/2006 2/10/2006 3/30/2006 4/27/2006 4/27/2006 DANIEL L ET AL Filed. . . . . . . . : Time......... : Execution Date Jury Trial. . . . Disposed Date. Higher Crt 1.: Higher Crt 2.: 6/07/2001 8:02 0/00/0000 0/00/0000 202 MDA 2006 VERDICT - DATED DECEMBER 30, 2005 - UPON CONSIDERATION OF PLAINTIFF'S AMENDED COMPLAINT IN THE ABOVE-CAPTIONED MATTER AND FOLLOWING A NONJURY TRIAL HELD ON DECEMBER 21, 2005 ON THE ISSUE OF LIBEL THE COURT FINDS IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT AND AWARDS DAMAGES IN THE AMOUNT OF $500.00 PLUS CUSTS OF SUIT BY THE COURT J WESLEY OLER JR COPIES MAILED ------------------------------------------------------------------- MOTION BY DEFT FOR JUDGMENT NOTWITHSTANDING THE VERDICT - BY DOUGLAS G MILLER ESQ FOR DEFT ------------------------------------------------------------------- ANSWER TO DEFTS MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT - BY RON TURO ESQ FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED 1/24/06 - IN RE DEFT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT THE PROTHONOTARY IS HEREBY DIRECTED TO LIST MATTER FOR ARGUMENT COURT COMMENCING ON 3/29/06 - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM ORDER ENTERED ON 12/30/05 - BY THE COURT DOUGASL G MILLER ESQ FOR DEFT ------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 202 MDA 2006 ------------------------------------------------------------------- ORDER OF COURT - DATED 2/2/06 - IN RE NOTICE OF APPEAL FILED IN THE ABOVE CAPTIONED MATTER APPELLANT IS DIRECTED PURSUANT TO PA R CP TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL NO LATER THAN 14 DAYS AFTER ENTRY OF THE ORDER - BY THE COURT J WESLEY OLER JR J COPIES MAILED THE ABOVE CAPTIONED DMATTER HAS BEEN MARKED " DISCONTINUED" WITH THE SUPERIOR COURT OF PA - CERTIFICATION IS BEING SENT TO THE LOWER COURT - THERE IS NO RECORD TO REMIT ON THIS CASE THE ABOVE APPEAL IS HEREBY WITHDRAWN AND DISCONTINUED BY ORDER OF DOUGLAS G MILLER ESQ - ATTY FOR APPELLANT 2-7-06 DISCONTINUED ------------------------------------------------------------------- ORDER OF COURT - DATED 03-29-06 - IN RE: DEFENDANT'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT BEFORE HESS-OLER AND EBERT JJ - THE FOLLOWING ORAL ARGUMENT HELD ON 03-29-06 THE MOTION IS DENIED - BY J WESLEY OLER JR J - COPIED AND MAILED 03-31-06 PRAECIPE FOR ENTRY OF JUDGMENT ON THE VERDICT AND JUDGMENT ENTERED ------------------------------------------------------------------- NOTICE MAILED TO DEFENDANT - - - - - - - - - - - - - - LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beq Bal Pvmts/Adl End Bal * *****************************************~******~******************************* COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE APPEAL JDMT 35.00 .50 5.00 5.00 30.00 9.00 35.00 .50 5.00 5.00 30.00 9.00 .00 .00 .00 .00 .00 .00 84.50 84.50 .00 *************************************************~****************************** * End of Case Information H~UE f"'f\OV E:O^u * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * 'f~t-l~l*-*,*~"Y*'*'" *'* l-'lUWJ:AiCOAO* * * * ,: -~ ImOl1y Wileroof, I here unto sat In)' -.0 ~~~t~~ ,,~ .' - -'r~,~., ~,J _~~'-, ," "C" , ,~,- . . ,--~ <.."=" -~ ALBERT H. "BUCK" SHULLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3507 CIVIL TERM DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, P A l7013 Taryn N. Dixon Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Date: April 27, 2006 IRWIN & McKNIGHT Douglas 'ller, Esquire Supreme Court I.D. No. 83776 60 West Porufret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant ''#po ~~ '''''\ RECEIVED JUL 07 20US/ /y" (J6 fY ALBERT H. "BUCK" SHULLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3507 CIVIL TERM v. DANIEL L. DANNER, : CIVIL ACTION - LAW Defendant. STIPULATION AND NOW, this -G &- day of July, 2005, the parties to the above-captioned action, by their undersigned counsel, agree to permit the withdrawal of Plaintiffs demand for jury trial, dispense with jury trial and to try this action before a judge sitting without a jury in accordance with Pa.R.C.P. No. 1038. TURO LAW OFFICES I (') c: s: -uen !11fT> 7"Tl ~~i~ r-C'} ~(:; ,)>L . r '7 ~ A mey for Plaintiff IRWIN & MCKNIGHT . \;~_l!lWl~1 1 ,- . , ....., = = <.n <-- c r- I -.l "'0 3: ~ .s=- c..:> o " :I! rn:JJ , :81'9 9,6 :r.:,i b-n (') Zm o ~ ::0 -< " ,. -'-/~,- .- ALBERT H. "BUCK" SHULLER, Plaintiff, v. DANIEL L. DANNER, Defendant. AUG 03 200E : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3507 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this _ day of , 2004, upon consideration of the attached Motion for Summary Judgment it is hereby ordered and directed that summary judgment is entered in favor of Defendant and Plaintiffs Amended Complaint is dismissed, as there are no genuine issues of material fact relating to the failure of Plaintiff to meet the necessary elements of his claim of libel. " ~ ~.~- ~" . BY THE COURT, J. , ~".,~,~; , ~~~~!"J " ALBERT H. "BUCK" SHULLER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3507 CIVIL TERM DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW, thi~ day of July, 2004, comes the Defendant, DANIEL L. DANNER, , - Q by and through his attorneys, Irwin & McKnight, and respectfully requests that~~jCo! enll:g an Order granting summary judgment in his favor and against the Plaintiff, and in'~~rort!ere~~ avers as follows: r',: c, -0 i:'5R V:f'l -:G. 5["11 );,' r~ r.--? ' 5; 1. Plaintiff instituted this action on or about June 7, 200l, agai~t se.Jler~ -, ....l Defendants, of which Daniel L. Danner is the sole remaining Defendant. 2. The suit arises from alleged injuries suffered by Plaintiff to his reputation from campaign flyers created by Defendant Danner during the Republican primary election Penn Township Supervisor held in May 2001. 3. After Orders of Court dated November 20, 2001, and May 28, 2002, the sole remaining count in Plaintiff's Amended Complaint is libel. 4. At all times relevant hereto, Defendant Danner was one of two candidates opposing Plaintiff, an incumbent Supervisor and Chairman, in the Republican primary election for Penn Township Supervisor. 5. Plaintiff won the primary election held on or about May 15, 200l, thereby defeating the candidacies of both Defendant Danner and the other opposing candidate. 6. Defendant Danner was not a candidate in the subsequent general election held in November 2001, nor did he publish or distribute his campaign flyer during said general election. .':",-, H. " '~;;.~ .. 7. Plaintiff narrowly lost the general election for Penn Township Supervisor In November 2001. 8. In his Amended Complaint, Plaintiff fails to meet the necessary elements to establish his prima facie case. 9. As a public official, Plaintiff is required to show actual harm in order to prevail against Defendant Danner. 10. Plaintiff's Amended Complaint fails to establish that he suffered actual harm resulting from the campaign flyers of Defendant, where Plaintiff prevailed in the primary election but lost the general election in which Defendant was not a candidate and during which he did not distribute his campaign flyers. 11. In the more than two years since the original Complaint was filed, Plaintiff has failed to produce any evidence linking his defeat in the general election to the campaign flyers distributed by Defendant in the primary election. 12. Plaintiff also has failed to establish as a necessary element of his claim that Defendant's alleged libelous flyers were the result of any actual malice, or at a minimum were the result of reckless disregard for the truth. 13. Plaintiff's Amended Complaint does not include any specific information about how the campaign flyers diminished his reputation in the community, only that the comments "tended to injure" his reputation. 14. Plaintiff also has not offered any evidence to substantiate his claim, but has merely relied upon his vague and unsubstantiated assertions. 15. Plaintiff has failed to sustain his burden of presenting facts which support the averments of his Amended Complaint. l6. As set forth herein, there exists no genuine issue of any material fact with regard to the liability of Defendant Danner. 17. Accordingly, judgment in favor of Defendant Danner and against Plaintiff is proper and just. 2 ~~ ,"'J''' ,,~ ? ' "", ',,' , . ~~ .' ... WHEREFORE, Defendant Daniel L. Danner respectfully requests that this Court enter summary judgment in his favor and against Plaintiff on all counts of the complaint. Respectfully Submitted, IRWIN & McKNIGHT Date: JulyJD-,2004 Douglas . Miller, Esquire Supreme Court l.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania l7013 (717) 249-2353 Attorney for Defendant, Daniel L. Danner 3 Ji!'~-~,"- ''''~'!j', " - .'"-'!-'-"--'"- "~ -- " - -~ .. ~- . , '-~- . CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Date: August 2, 2004 IRWIN & McKNIGHT . Miller, Esquire Supreme ourt J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Daniel L. Danner ~- ,,-yo "," " ,- -' , , AUG () 3 200f v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3507 CIVIL TERM ALBERT H. "BUCK" SHULLER, Plaintiff, DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this _ day of , 2004, upon consideration of the attached Motion for Summary Judgment it is hereby ordered and directed that summary , judgment is entered in favor of Defendant and Plaintiffs Amended Complaint is dismissed, as there are no genuine issues of material fact relating to the failure of Plaintiff to meet the necessary elements of his claim of libel. BY THE COURT, J. ;'-", 11'1'1 , -~'.,."" ~<'" ., -~ '-~'-' . -"~~ - .,. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3507 CIVIL TERM ALBERT H. "BUCK" SHULLER, Plaintiff, DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SUMMARY JUDGMENT o ......, -" = (") s;;; ~ 41 AND NOW, thi~day of July, 2004, comes the Defendant, DANIEl1'1iff;D+ffi:Q -!-~-:;:-C:, "\, ,,_r- by and through. his attorneys, Irwin & McKnight, and respectfully requests that ~~t:Fo~entiZ an Order granting summary judgment in his favor and against the Plaintiff, and in~ort~ere~o_~ S"I''' ~, ~G .. ==:-1 avers as follows: :;! :::; ~ 1. Plaintiff instituted this action on or about June 7, 200 I, against several Defendants, of which DanielL. Danner is the sole remaining Defendant. 2. The suit arises from alleged injuries suffered by Plaintiff to his reputation from campaign flyers created by Defendant Danner during the Republican primary election Penn Township Supervisor held in May 2001. 3. After Orders of Court dated November 20, 2001, and May 28, 2002, the sole remaining count in Plaintiffs Amended Complaint is libel. 4. At all times relevant hereto, Defendant Danner was one of two candidates opposing Plaintiff, an incumbent Supervisor and Chairman, in the Republican primary election for Penn Township Supervisor. 5. Plaintiff won the primary election held on or about May 15, 200l, thereby defeating the candidacies of both Defendant Danner and the other opposing candidate. 6. Defendant Danner was not a candidate in the subsequent general election held in November 200l, nor did he publish or distribute his campaign flyer during said general election. ::'"1""'_=_ _'-_,l[, ,~-~~ , _ ,',1 _ , , 7. Plaintiff narrowly lost the general election for Penn Township Supervisor m November 2001. 8. In his Amended Complaint, Plaintiff fails to meet the necessary elements to establish his prima facie case. 9. As a public official, Plaintiff is required to show actual harm in order to prevail against Defendant Danner. 10. Plaintiff's Amended Complaint fails to establish that he suffered actual hann resulting from the campaign flyers of Defendant, where Plaintiff prevailed in the primary election but lost the general election in which Defendant was not a candidate and during which he did not distribute his campaign flyers. 11. In the more than two years since the original Complaint was filed, Plaintiff has failed to produce any evidence linking his defeat in the general election to the campaign flyers distributed by Defendant in the primary election. l2. Plaintiff also has failed to establish as a necessary element of his claim that Defendant's alleged libelous flyers were the result of any actual malice, or at a minimum were the result of reckless disregard for the truth. 13. Plaintiff's Amended Complaint does not include any specific information about how the campaign flyers diminished his reputation in the community, only that the comments "tended to injure" his reputation. 14. Plaintiff also has not offered any evidence to substantiate his claim, but has merely relied upon his vague and unsubstantiated assertions. l5. Plaintiff has failed to sustain his burden of presenting facts which support the averments of his Amended Complaint. 16. As set forth herein, there exists no genuine issue of any material fact with regard to the liability of Defendant Danner. l7. Accordingly, judgment in favor of Defendant Danner and against Plaintiff is proper and just. 2 >_'h" ,,"!lRi _ N _ _', ~ " . . =~' t" - WHEREFORE, Defendant Daniel L. Danner respectfully requests that this Court enter summary judgment in his favor and against Plaintiff on all counts of the complaint. Respectfully Submitted, IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Daniel L. Danner Date: JulyJD-, 2004 3 ;"~",~.,-,"",,~, 'l~ - -~ ,.-~ , " . , '!<":ll!1.m "T_ CERTIFICATE OF SERVICE l, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: August 2, 2004 h _, , ,-""1'1 __,_~ .' Ron Turo, Esquire 28 South Pitt Street Carlisle, P A 17013 Attorney for Plaintiff IRWIN & McKNIGHT . Miller, Esquire Supreme ourt LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Daniel L. Danner ~'''!~ = ~, ~ - , ~- , , . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO, 01.3507 CIVIL TERM ALBERT H. "BUCK" SHULLER, Plaintiff, DANIEL L. DANNER, CIVIL ACTION - LAW Defendant. CERTTInCATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail. postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Taryn N. Dixon Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Date: Aptil27,2006 IRWIN & McKNIGHT ~Ai~ Douglas Oer, Esquire Supreme Court LD. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant --'-J;,.. w ~ _ <, -"" IN THE SUPERIOR COURT OF PENNSYLVANIA ALBERT H. "BUCK" SHULLER, Appellee Superior Court Docket No. 202 MDA 2006 Trial Court Docket No. 01-3507 DANIEL L. DANNER, Appellant PRAECIPE TO WITHDRAW APPEAL TO THE PROTHONOTARY: Respectfully Submitted, IRWIN & McKNIGHT Date: February 6, 2006 .~tI,-~, Douglas . Milkr, Esquire Supreme Court J.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (7l7) 249-2353 Attorney for Appellant, Daniel L. Danner '.,,;, ~ -, "''''' - "-~ --, .~~- IN THE SUPERIOR COURT OF PENNSYL VANIA ALBERT H. "BUCK" SHULLER, Appellee : Superior Court Docket No. 202 MDA 2006 : Trial Court Docket No. Ol-3507 DANIEL L. DANNER, Appellant CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail. postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attomey for Plaintiff The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Date: February 6, 2006 IRWIN & McKNIGHT ~,#. ~~ Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Daniel L. Danner 2 _1, f '~J', -"',,' , 0"" _, r , _, _, _" _< , " COMMONWEALTH OF PENNSYLVANIA David A. Szewczak, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary Superior Court of Pennsylvania Middle District 100 Pine Street. Suite 400 Harrisbun!'. PA 17101 February 1, 2006 717-772-1294 www.supenor.court.state.pa.us The Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 Re: 202 MDA 2006 Albert H. "Buck" Shuller v. Daniel L. Danner, Appellant Dear Judge Oler: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writin~l if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 35'17, for completion and filing. Please note that Superior Court Dockets are available on the Intemet at the Web site address printed at the top of this page. Thank you. Very truly yours, David A. Szewczak Prothonotary WJT Enclosure J::'f'/l '2 <vq, ~~~.. ", '"' ~- - 1 ," ,,-,," 3:32 P.M. ... Superior Court of Pennsylvania Appeal Docket Sheet Docket Number: 202 MDA 2006 Page 1 of2 February 1, 2006 - Albert H. "Buck" Shuller v. Daniel L. Danner, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: February 1, 2006 Journal Number: Case Category: Awaiting Original Record Civil CaseType: Related Docket Nos.: Civil Action Law Consolidated Docket Nos.: Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received SCHEDULED EVENT Next Event Due Date: February 15, 2006 Next Event Due Date: March 13, 2006 Appellant Pro Se: IFP Status: Appellee Pro Se: I FP Status: COUNSEL INFORMATION Danner, Daniel L Appoint Counsel Status: No Appellant Attorney Information: Attorney: Miller, Douglas George Bar No.: 83776 Law Firm: Irwin & McKnight Address: 60 W Pomfret Street Carlisle, PA 17013 Phone No.: (717)249-2353 Fax No.: (717)249-6354 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Shuller, Albert H. "Buck" Appoint Counsel Status: Appellee Attorney Information: Attorney: Waltz, Galen R. Bar No,: 39789 Law Firm: Turo Law Offices Address: 28 S Pitt Street Carlisle, PA 17013 Phone No,: (717)245-9688 Fax No.: (717)245-2165 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 2/1/2006 3023 '-~",," v, , ,., ,;'<l"- -,., " -,_-; ,\,~" , ; _'".' '<, -r ' ~ 3:32 P.M. ,. \ Appeal Docket Sheet Docket Number: 202 MDA 2006 Page 2 of 2 February 1, 2006 Superior Court of Pennsylvania '* FEE INFORMATION Fee Date 1/30/06 Fee Name Notice of Appeal Fee Amt 60.00 Paid Amount 60.00 Receipt Number 2006SPRMD000117 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Date of Order Appealed From: December 30, 2005 Date Documents Received: February 1, 2006 Order Type: Order Entered Division: Civil Judicial District: 9 Date Notice of Appeal Filed: January 30, 2006 OTN: Judge: Oler, Jr., J. Wesley Judge Lower Court Docket No,: 01-3507 ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS February 1, 2006 DOCKET ENTRIES Docket Entry/Document Name Party Type Notice of Appeal Filed Filed By Filed Date Appellant Danner, Daniel L. February 1, 2006 Docketing Statement Exited (Civil) Middle District Filing Office 2/1/2006 3023 ~:",",-~ " , -~', -.'<,,~ .,:-1'>- --,,- ". ~_ "_ "'" _"_~ -- , . "" ?" - --;"'-' ,- -"-"~' }--"" , -, < - <- , ",,, , ,"'" " '_, _ ""~, C,"_ ._~_ , () 7J 7"- \t:- ~ v...: ......- ,-:{ ~ .:t -~ ~ " a--- .l.- V--.) \) \) \:) ~ r- , b +.- f- '~ () " ," ',- ~ \"..;' ~i{l.:;;;",~t .; '.~:-\ .<. "