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Home My WebLink About01-04599IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWAWAY EXPRESS, INC., TRAILER TRANSPORT, and THOMAS S. SHEAFFER, Plaintiff, vs. NANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. CNIL DNISION Writ of Summons shall be issued and forwarded to ( Attorney (XX) Sheriff. Edward P. Seeber. Esquire ~- ~-----_.__ P.O. Box 650 Signatur Hershey. PA 17033-0650 (717 533-3280 Date:~l 0 Names/Address/Telephone No. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: f app ( bv~` /~ .tie Deputy -&i ~~ w ~ I ~. zs ~:,y L= ~' c .._ ~ ~ .~ ;;~; =~~> ~, ,: ~ , ,_~;a% ~jtn .,e -'t TO: PLAINTIFF: DEFENDANT(S): TYPE OF WRIT OR COMPLAINT: SHERIFF'S INSTRUCTION Sheriff of Cumberland County, Pennsylvania Towaway Express, Inc., Trailer Transport and Thomas S. Sheaffer Juanita E. Calaman and Samuel A. Calaman WRIT OF SUMMONS SERVE AT: oust Rygc~gas, ` e i~leP~~ .7241 Sir: Please serve the Defendant, Juanita E. Calaman, OR an adult member of the Family with whom she resides, OR an adult individual in charge of the residence with a true and correct reinstated copy of the Writ of Summons. Date of Service: Served Upon (If someone other than Defendant): _ Address (if different than as stated above): Cumberland County Sheriff s Office: Date: Name: Title: PLEASE RETURN SERVICE TO THE FOLLOWING ADDRESS IN TIIE ENCLOSED SELF- ADDRESSED, STAMPED ENVELOPE TO: James, Smith, Durkin & Connelly LLP ATTN: Edward P. Seeber, Esquire P.O. Box 650 Hershey, PA 17033 DATED: ~ ~ Time: JAMES, SM T-hI, DURKIN & CONNELLY LLP BY: ward P. Seeber, squire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 - __ ..._ .~ __y .- ~ -'. o TO: Sheriff of Cumberland County, Pennsylvania PLAINTIFF: Towaway Express, Inc., Trailer Transport and Thomas S. Sheaffer DEFENDANT(S): Juanita E. Calaman and Samuel A. Calaman TYPE OF WRIT OR COMPLAINT: WRIT OF SUMMONS SERVE AT: - _ E c ` - - Sir: Please serve the Defendant, Samuel A. Calaman, OR an adult member of the family with whom he resides, OR an adult individual in charge of the residence Fvith a true and correct reinstated copy of the Writ of Summons. Date of Service: Served Upon (If someone other than Defendant): _ Address (if different than as stated above): Time: Cumberland County Sheriff s Office: Date: Name; Title: PLEASE RETLJRN SERVICE TO THE FOLLOWING ADDRESS 1N THE ENCLOSED SELF- ADDRESSED, STAMPED ENVELOPE TO: James, Smith, Durkin & Connelly LLP ATTN: Edward P. Seeber, Esquire P.O. Box 650 Hershey, PA 17033 JAMES, SMITH, DURKIN & CONNELLY LLP DATED: ~ O ~ BY: ~"--` ward P. ~ er, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 CASE NO: 2001-04599 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWAWAY EXPRESS INC ET AL VS CALAMAN JUANITA E ET AL SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CALAMAN JUANITA E DEFENDANT the at 1856:00 HOURS, on the 21st day of August 2001 at 456 MT ROCK RD NEWVILLE, PA 17241 by handing to JUANITA CALAMAN _ ____ a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ,Her attention to-the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this .30~ day of ~"/ _ A.D. i~/ rothonotary' So Answers: ~~.--P R. Thomas Kline 08/22/2001 JAMES SMITH DURKIN `&~CONNELLY By • ~~cvvvn.Otit ~ ~ ` Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-04599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWAWAY EXPRESS INC ET AL VS CALAMAN JUANITA E ET AL SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SAMUEL DEFENDANT the at 1856:00 HOURS, on the 21st day of August 2001 at 456 MT ROCK RD NEWVILLE, PA 17241 by handing to JUANITA CALAMAN WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 30 ~" day of lip. ,v~F- ins 1 A.D. othonotary ~~ So Answers: // ;~~/clmet~ /~ R. Thomas Kline ~! 08/22/2001 JAMES SMITH DURKIN & CONNELLY By ~ ~h ~„~„n.e-,.. `771 ~ ~.~ . Deputy Sheriff '"' ~ . ~~ (~ 2 2 2O04µ ~ TOWAWAY EXPRESS, INC., IN THE COURT OF COMMON PLEAS TRAILER TRANSPORT and :CUMBERLAND COUNTY, PENNA. THOMAS S. SHEAFFER, Plaintiffs NO.O1-4599 CIVIL TERM v. NANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants ORDER AND NOW, this 29 day of October 2004, upon consideration of Plaintiffs' Petition in Opposition to Dismissal of the above-captioned action, it is hereby ORDERED and DECREED that the above-captioned matter remain open on the docket. ~./ ~~.zq ur BY THE COURT: "' 'dt~v~dtl~r~~~,~r,~~c ~J ~~1 ~~1#~J 6Z l.v3h0~ti n~«efir ~~ ~~y~, -~ TOWAWAY EXPRESS, INC., TRAILER TRANSPORT and THOMAS S. SHEAFFER, Plaintiffs v. JUANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.O1-4599 CIVIL TERM PETITION IN OPPOSITION TO DISMISSAL OF TAE ACTION AND NOW come your Plaintiffs, Thomas Sheaffer, Cheri Sheaffer, Towaway Express, Inc., t/d/b/a American Trailer Transportations, and Trailer Transport, Inc. by and through their counsel, Cunningham & Chernicoff, P.C. who file this Objection to Purge and in support thereof avers the following: 1. This action was filed on behalf of the Plaintiffs against the Defendants in an action at law seeking recovery under a theory of breach of fiduciary duty. 2. On March 21, 2002, Plaintiffs also filed an action in equity filed to Equity No. 02- 1394 Civil Term under which equity action, this Court enjoined the Defendant, Juanita Calaman from selling any and all property and enjoining any and all deeds transferring an interest in property until resolution of the equity action. Plaintiffs, pursuant to a theory of breach of contract, entered into a Settlement Agreement with M&T Bank, Plaintiffs' business bank, under which Agreement Plaintiff Sheaffers have a duty and obligation to pursue the litigation against Samuel and Juanita Calaman for her embezzlement of Plaintiffs' corporate funds and that any funds acquired by Sheaffer as against the Defendants Calaman are to be shared proportionally between the Sheaffers and M&T Bank in recognizing the contribution which M&T Bank paid to Sheaffer in settling their claim against M&T Bank. 4. M&T Bank did not take any action to cross claim against the Calamans seeking indemnification based upon the agreement reached with the Plaintiff Sheaffers. Plaintiffs were delayed in their pursuit of their claim against Defendants as Defendant Juanita Calaman was charged with embezzlement of Plaintiffs' monies in 2001 at docket number 01-2455, Court of Common Pleas of Cumberland County, Pennsylvania, and sentenced to 18 months to 7 years imprisonment on August 27; 2002. 6. The Plaintiffs object to the dismissal of this action as significant discovery has been undertaken in the parallel equity case and it desires to protect and preserve any and all rights which it has as against the Calamans in the action at law which may differ from those in equity and in order to protect M&T Bank's rights as it agreed it would under the documents of settlement executed with that entity. Defendant, Juanita Calaman, was released from imprisonment in February 2004. WHEREFORE, Plaintiffs respectfully request this Honorable Court not to purge this matter for inactivity and to eventually consolidate this matter with the parallel action filed in equity. Respectfully submitted, By: Esquire Dated: !v~<3 Off" F:UiOME~CAZ~Q~ HE M\OBI ISM.WPD Attorney I.D. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717.238.6570 P.C. CERTIFICATE OF SERVICE I do hereby state that on the 19~' day of October 2004, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, j postage prepaid, in Harrisburg, Pennsylvania, addressed to: Gail Guida Souders, Esquire Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (Attorney for Juanita Calaman) Donald R. Reavey, Esquire Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (Attorney for Samuel Calaman) ~~. ~~