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HomeMy WebLinkAbout01-04612Oi PENNSYLVANIA NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 0' ~-= ~~ ~z ~jpl~C NOTICE OF APPEAL Nofice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in The case mentioned below 17013 W.. Et al CV liA (10(10950_01 LT 19 This bock will be signed ONLY when this notation is required under Pa. RCPJJ? Nn If~ellant was CLAIMANT (See Pa. R.C.P.J.P. N0. 1008& (_L This Notice of .Appeal, when received by the District Justice, will operate as o 1 1(fi) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before DisVic[ Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon duck r DMD, Dr~Doualas , appellee(s), To file a compaint in this appeal //}} Name a appetlee(sl (Common Pleas Nor nI -'y('e f.Z l ]U~~ /7::111'Y~) within twenty (20) days after ser 'c rule or r entry of judgment of non pros. gnafure o/ apps/lam w h' attorney agent RULE: To ('lnekr DMDF Dr Donal as ,appellee(s). Name W appelk'EYsJ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service a by certified a registered mail (2) ff you do rat file a complaint within this time,. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of-this rule if service was by mail ii the date of mailing. Date: Gt a ~_ , }9aCa0 AOPC 312-aC COURT FILE TO BE FILED WITH PROTHONOTARY ~ , PF~~E7F ~F SE~tfICE ~F N~?'TI~E C1F APPEAL ANA PRlLE "t0 FlLE ~t?iNPLAIAI`T (7his proof of servrce MUST BE TtLED WtTN1N TEN (YO) DAYS AFTER frltng the notice of appeal, Checfr apptrcatr?e baxas) Ct?RAAtOtdWEAlT6i OF FEP9N$YLUAId6A Ct7UNT1' 43F ; ss AFFI~AVIB'; thereby swear or affirm that I served Ca a Dopy of the Notice of Appeal, Common Pleas No.. ;upon the Oistrict Justice designated therein on (date of service] ^ 6y personal service Cl by (certified} {registered) mail, sender`s receipt attached hereto, and upon the appellee, (name) ________~_~_ _.~_ _________~, an 19 ^ by personal service ~ by {certified} (registered} mail, sender's receipt attached hereto. ~ and furtherihatlservedtheRuletoFileaComplaintaccompanyingtheaboveNotioeofAppealupantheappelEee{s}to wham the Rule was addressed on _ , 19_~..._. ~J by parsanai service [~ by ,certified} {regis#ered} mail, Sender's receipt attached hereto. SWORN {AFFIRMED} ANS? SUBSCRERED BEFORE ME TMIS DAY C7F ,19~ Sigaaiure of otttciat before wtrorr~ ati~devif was wade rrrb of otfrc+ar My commission exAires on 19-~ ~, `C ~' //~ .~y,) 1 V ~~ GD G ~ Z C7 d Signafura of affiant :P~ 0 IV :.~~.' iv ;.et .,~ ~~ i- it .Y t 7 c7 ,; ) ~. -: ~'~ ) ~~ ;~~ (; z> °z~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: a:u-wisau,euvir Mag. Disl. No.: ' 09-3-04 OJ Name: Hon. THOMAS A. PLACSY Addfe55 104 3. SPORTING HILL RD. MECHANTCSBIIRG, PA Telephone: (717) 761-8230 17050 ATTORNEY DEF PRIVATE LISA GREASON, ESQ. 155 s. I3ANOVER 3T. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVI~. CASE NAME and ADDRESS rCLIIC&, DMD, DR. DOIIGLAS 6406 CARLISLE PIRS MECHANICSBIIRG, PA 17055 L. J VS. DEFENDANT: NAME and ADDRESS rSHANS, JOHN W, ST AL. 170 E NORTH ST CARLISLE, PA 17013 L J DocketNo.: CV-0000250-01 Date Filed: 5 j11/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PL.ArNTrFF Judgment was entered for: (Name) rr.rrrx,_~~nu ~.nIICL&G ® Judgment was entered against: (Name) RHAraA, PArIr.rN13 r. in the amount of $ R4C, _ 7'~ on ^ Defendants are jointly and severally liable. Damages will be assessed on: ^ This case dismissed without prejudice. Amount of Judgment Subject to ^ Attachment/Act 5 of 1996 $ ^ Levy is stayed for days or ^ generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: (Date of Judgment) 7/17 jot (Date & Time) Amount of Judgment $~ Judgment Costs $- Interest onJudgment $- Attorney Fees $- Total $_ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL pIVISION. YOU MUST INCLUDE A COPY OF THIS N E OF JUDGNJ,E~JT NS RIPT FORM WITH YOUR NOTICE`OF APPEAL. ~I~{ : Date L> ,District Justice I certify that this is a true ar~d correct copy of thexecord of the p oceedirigs containing the judgment. Date ;District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 a p ° COMMONWEALTH OF PENNSYLVANIA rni iniTV nF• CUMBERLAND 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Aaarese: 104 S. SPORTING~HILL RD. MECHANICSBIIRG, PA Te~ePhene: (7171 761-8230. 17050 ATTORNEY DSF PRIVATE LISA GREASON, ESQ. 155 S. HANOVBR ST. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME ana ADDRESS rCLIICR, DMD, DR. DOIIGLAS 6406 CARLISLE PIRS MSCHANICSBIIRG, PA 17055 L J VS.. DEFENDANT: NAME andADDRESs rSHANR,-JOHN W, ET AL, ~ 170 S NORTH 3T CARLISLE, PA 17013 L J DocketNo.: CV-0000250-01 Date Filed: 5/11/01 (Name) rr.nrx _ ntYm, nu _ nnnar.aS Judgment was entered against: (Name) si•Lannr~,_ ToHN w in the amount of $ saF _ ~~ on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ Levy is stayed for days or ^ generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: i Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT'BY FILINGA NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS; CIVIL DIVISION. YOU ' ,. MUST INCLUDE A COPY OF THIS N E OF JUDGMEPfT NS RIPT FORM WITH YOUR NOTICE OF APPEAL: Date _~~~i.07Yhy' y/. ~>.~'r-~G~ ,District Justice I certify that this is a true arld correct copy of the record of the pl'odeedings containing the judgment, Date ,District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 (Date of Judgment) 7/'I7/D'I (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attornev Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total COMMONWEALTN OP PENNS{'LVANIA PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON"PLEAS No t..' i •.,. A / ~p ~ ~ (,,,; / UI ice. NOTICE OF APPEAL Notice is given that the appellant has fik:d in the above Court of Common Pleas art appeal from the judgment rendered by the District Justice on the date and in the case mentioned below John t~. Shank an<3 t aulinr L. Shank 1'itcst as:,.~ ,~. Placey __..~_.._._-~ 7i} L:, ~iorth St. Carlisle I-u, 17d?13 '7x'67--1~1 ~ Clue}cr :OI~iDr far, youc~ias s ,~haai3~, :;TCrlah. ,1., ~t al, cv t~ G000250-t71 ~~"~~ LT 19 (//~~ This bock will be signed ONLY when this norotion.is required under Pa. RC.PJP. No. 10086 This Notice -of Appeal, when received by the District Jusfice, will operate as a SUPERSEDEA$ ro the judgment for possession in this case ',7~~~~~ If ~Jellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 1(6) in action before District Justice, he MUST FILE A COMPLAINT.withirrtwenty (20) days after filing his NOTICE o1 APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANO RULE TO FILE (This section o/ /orm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1 t)Ol (7) in action before District Justice. IF NOT l1SED, detach from copy of notice of appeal.to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon CIUC.k r ; ~MD r Dr. DCUCd1.aS , appellee(s), ro file a complaint in this appeal Name of apps/lee(s) (Common Pleas Nn ~ ~ ' y~',O~' ~D' ~ ~~..n°1) within twenty (20) days after ser' is f rule,or r entry of judgment of non pros. 9~a(ure or apPeManC a his attomey~ RULE: To C113Cj~` DMD` Dr. ta4uglaS ,appellee(s). Name a arpelreErsi m (1) You are notified that a rule is hereby entered upon you ro file a complaint in this appeal, within twenty (20) days after the date of service of this ruk: upon youby personal serv~'e ~'bT' eertified or registered mail ~ _~`,1~. "`~`~` (2) M you do not file a complpint".within tliii time, a JUD,CMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The daM of service o~'this rule if service was by mail., is the daM ~f mnlE~v. Date: GtT_, ~p ( l i ;- ` 1 A' RaPC 312-80 'COURT FILE y i-., , _T .,- --~,-, -l ,.....-. -_-- _ T-~ -. _ -...__~ .., . ~~__ i~~~t3F ~F 5~~8~/!~~ G1K' {V~7'IC~ QF ~IP~EAL APit~1 Fi1Ji~E '~ F9L C~tVIF~L6R1(Vl" f7his proof atservloe ArtUSF 6E FttEt1 tN/THtN TEfY (74) DAYS AFTER ttltrrg fhe ndtiea at apoaat Ctrack app(ieabte boxes) CQA&RgON`ddEA4YPi 4F P~NN$YL~i&NIA ~~uN~~r o~ Cul,,,t Iaerl~K~ : R$ AFFI~A~1°f: I hereby swear or affirm that I served ~J a as of the Notice of A py G ppeai, Common Pleas Na. _ _ ,upon the Cfistrict Justice designated therein on (etafe of service) s~ ' ~,~' ~ ~ .~..~_ C) by personal servl~.e by (certified} (;etlisteredj maH, sender's receipt att'ac~hed hereto,2and upon the appelle°, (name? D~10.S Clot _~~_~___. ~, on _~_~-_! ~ , 3B~ 1 ©by persanai service ~1 by (certified) (registered) mail, sender's receipt attached hereto. andfurtherthat9servedtheRuletoFileaComplairrtaccompanyingtheabcveNotECeofAppeaiu~~prr4a4ntheappellee(sjtawhom the FtuEe was addressed an $ ~ 1 3 _~. , ~~1, ^ by personal service pu by (certified) (registered) mail, sender's receipt attached hereto. SWOFSN (AFFlRMEGj APdD SUi3SCtiIBED BEFORE ME THIS. ~l~ t7~AJoY OF ~ ~ , 19 4 / lSC_O i m~ .C .. Signatrrra at oXrataf delve wtwm, affidavit wa maAa ±itte of o/i7cia7 FAy commission expires on l'/I.T(SA~ v , }9,1~~ ~~yyyy' ppN.~O~T.A[iW:SEAI. ' Nllw'W1Ve ~~ ~,~~yj c ~~~ ~~ ,Signature of ailiant ,, C7 C 't7 a ill C= Z J. C CJ GC ~C C,: Tm, ~3 .i: °'! F ~,~ 'r: f' CJ „_ m Q~. x,10 IGS C IJGC~ ~Clvck / 54,a~4 ra Postage $ a ~ ~1.~ ~ Certified Fea ~ ~' a ' I /--r\ Postmark Q= Retum Receipt Fee J 1.1 Here i ~fndoreement Requimtl) ^\ ~~ Pestdc[etl Delivery Fee 3 , ZV fEndorsemeM Requirerq O Total Postage 8 Fees ~ ~ 1 f7J fU N me (Please Ptlnt Cleetly) (TO be eted by mailer) p- Street, Apt. No.; o1r PO Bax Na. N Crt ,State {IPA ( .t TU m ~ ~01NG$ ~{ . PIGGe~ ~ Postage $~~~'~ r~ Certifietl Fee ~ ~.' V IT• ~ Retum Receipt Fee I C '~ ~ Endorsemem Required] J O Aestdcted Dalhery Fee ~ I ZC~ (Endorsement Required) ~, ;Total Postage & Fees ,$ 7. I I I TU "1 fU m Ir 0 M1 )' ~=`~ ~~ 3ervlce L'=~~1Tii=1ED MAIL RECEIPT (Domestic Mai! poly; No /nsuranceCo verage:Pro video'] Article Sent Cluck v Skquk Postmark Here IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, Plaintiff No. 01-4612 Civil Term v. Civil Action -Law JOHN W. SHANK and PAULINE L. SHANK, his wife, . Defendants COMPLAINT And now comes the Plaintiff, H. Douglas Cluck, DMD, by and through his attorney, James L. McAneny, and files the following claim pursuant to the Rule issued on the Defendants' appeal from the judgment rendered by District Magistrate Thomas A. Placey: 1. The Plaintiff, Douglas M. Cluck, DMD, is an adult individual resident of the Commonwealth of Pennsylvania, duly licensed to practice dentistry, and who maintains that practice at an office located at b406 Carlisle Pike, Mechanicsburg, PA 17055. i 2. The Defendants, John M. Shank and Pauline L. Shank, his wife, are adult individuals residing within the Commonwealth of Pennsylvania at 170 East North Street, Carlisle, PA 17013. 3. John M. Shank was first seen and treated by the Dr. Cluck on September 30, 1998, for the construction of a full upper denture, which service was completed by the end of October, 1998. 4. The agreed fee for Dr. Cluck's services to Mr. Shank was $600.00. 5. Despite repeated billings and demand therefor, no payment has been made by the Defendants. 6. The unpaid balance of the Shanks' account has accumulated interest at the rate of 1 '/2 % per month, in accordance with the Statement of Account attached hereto as Exhibit "A". 7. In December of 2000, the Defendants gave assurances and promises to Credit Plus Collections, the Plaintiff's agem, that payment would be forthcoming. 8. Despite those representations, no payment has been made. 9. The Plaintiff filed a civil complaint in Magisterial District Court No. 09-3- 04, on May 11, 2001, to enforce and recover on this claim. 10. On July 17, 2001, judgment was entered thereon in favor of the Plaintiff and against the Defendants in the sum of $846.73, representing the account due plus court costs advanced by the Plaintiff. From that judgment, the Defendants appealed. 11. The Plaintiff remains unpaid for his professional services, and hereby demands payment of the Defendants in the amount of the magistrate's judgment, plus any additional interest and late fees that may come due and any costs incurred in prosecuting this claim through the Defendants' appeal. WIIEREFORE, the Plaintiff respectfully prays your Honorable Court to enter judgment in his favor and against the Defendants as set forth in this Complaint. Respectfully submitted, r ames L. McAneny I.D. # 22259 P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 (717)920-0170 FAX (717) 920-0171 Attorney for Plaintiff July 16, 2001 at 10:51p H. Douglas Cluck DND 1106 Carlisle Road Calf H311, PA 17011 (717)303-2600 ACCOUNT TRANSACTIONS ACCOUNT 269600, John Shank DATE PATISMP 09/30/98 Jobe 12/31/98 Account 01/28/99 Account 01/28199 Aceormt 02/26/99 Aceoant 02/26/99 Accomt 03/25/99 Accomt 03/25/99 Account 04/21/99 Accwmt 04/21/99 Account 05/20/99 Account 05/20/94 Accoont 06117(49 Accomt 06/17/99 Accrnmt 07/15(99 Account 07/15/99 Aecomt 07/23/99 Account 08/19/99 Aeconnt 08/19(99 Account 09/14/99 AcCOialt 10/17/99 Accrnmt 10/17/99 Accmmt 11/28/99 Account 11(28/99 Account O1/OB/00 Aocovnt 01/08/00 Accrnmt 02/14/00 Account 02/14/00 Account 03/26/00 Account 03/26/00 Account 09/02/00 Account 05(09/00 Acornnt Os/09J00 Acewnt 06/O7/00 Accrnmt Ofi/07/00 Account 07/24!00 Recount ID CODS D~ OR * T 269601 49 3 3 A 269400 49 1 1 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 1 1 A 269606 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 i 1 A 2b9600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 6 A 269600 99 1 1 A 269600 103000 1 0 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 103000 1 0 A 269b00 99 1 1 A 269600 103000 Y 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 103000 1 0 A 269600 99 i 1 A 269600 103000 1 0 A 269600 99 1 1 A 269600 103000 1 0 A 269600 103000 1 0 A Page 1 SORF. DESCRIPTIOE PROD. J CAARGES CBO ADJ PAYmERT PAY. ADJ BALAECB Comgresaion Debit Balaa 600.00 600.00 Compresalaa Debit Salan 9.00 609.00 Finance mange 9.00 618.00 Statement Sent 618.00 Finance mange 9.00 627.00 Statement Seat 627.00 Finance Marge 9.00 636.00 Statement Seat 636.00 Finance Charge 9.13 645.13 Statement Seat 645.13 Finance Charge 9.27 654.40 Htatement Sent 654.40 83nance Charge 9.40 663.80 Statement gent 663.80 Finance merge 9.54 673.39 Statement Sent 673.39 Statement Sant 673.34 Finance mange 9.81 683.15 Statement Sent 683.15 Statement Sent fi83.15 Finance Charge 10.10 693.25 Statement Sant b93.25 Finance Marge 10.29 703.49 Statem~t Seat 703.49 Finance merge 10.24 713.73 Statement Sent 713.73 Finance merge 10.39 724.12 Statement Sent 724.12 Finance Charge 10.55 734.67 Statement Seat T34.67 Statement Seat 734.67 Finance Marge 10.70 745.37 Statement Sent 745.37 Pinnace Marge 10.66 756.23 Statement gent 756.23 Statement Sent 756.23 Transactions continued on next page Exhibit "A" July 16, 2001 at 10:51p H. Douglas Cluck DMD 1106 Carlisle Road Camp Hill, PA 17011 (717)303-2600 ACCOIIN'P TRANSACTIONS ACCOUNT 269600, ~'ohn Shank Page 2 DATE PATI~1'P ID CODB D$ DR * T SORF. DSSCRIPTIOA PROD. CCRBIItG63 CRO ADJ PAYNBNP PAY. AOJ BAt.ANCB 03/10/01 Aocouat 269600 103000 1 0 A Statement Seat 756.23 L»>L>G> GG»>i» >GGGL>GG GGGG¢GW> EEEE>EEF ACCODNT TOTALS: 0.00 197.23 609.00 0.00 0.00 Total Tax oa pxnductiona aad cLarges $ 0.00 ACCOUNT AGING Current 30 days 60 days 90 days Credits Total Balance 0.00 0.00 0.00 756.23 0.00 756.23 Insurance 0.00 0.00 0.00 0.00 0.00 Account BP Balance $ 0.00 PATIENT BALANCES PATIENT NAME ID BALANCE INSURANCE AMOUNT DUE Account 269600 156.23 0.00 156.23 John 269601 600.00 0.00 600.00 ~ERII+ICATION I, H. Douglas Cluck, DNID, Plaintiff named in the foregoing Complaint, do hereby affirm that the factual statements made therein aze true and corrct to the best of my knowledge, information, and belief. I make this affirmation subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: September 24, 2001 CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing document were served by depositing the same in the United States Mail, First-Class postage prepaid, addressed as follows: John W. Shank and Pauline L. Shank 170 East North Street Carlisle, PA 17013 Lisa M. treason, Esquire treason Law Office 155 South Hanover Street Carlisle, PA 17013 Date: September 24, 2001 -~-.~~ ~~ames L. McAneny ~- ~-) r 7 - c. . °- _ .,~ -n' _ ~- - ~ ,y - -e~ ~ - = ;~ _' v, ,- u D C ` L .'ii `"=; -G c: i~C ~~ r H. DOUGLAS CLUCK, DMD Plaintiff v. JOHN W. SHANK and PAULINE L. SHANK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4612 CIVIL ACTION -Law NOTICE TO PLEAD TO H. Douglas Cluck, DMD C/o James L. McAneny, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted GREASON LAW OFFICE ia,~y~~~ Date L sa M. ~'e~s n, Esquire 50 East'Higl Street Carlisle, PA 17013 (717)241-3030 Attorney for Defendants ,. H. DOUGLAS CLUCK, DMD Plaintiff v. JOHN W. SHANK and PAULINE L SHANK Defendants IN THE COURT OF COMMON PLEAS OF .:CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4612 CIVIL ACTION -Law PRELIMINARY OBJECTIONS AND NOW COMES Defendants, by and through their attorney, Lisa M. treason, Esquire and respectfully submits the following objections: COUNT I -FAILURE TO JOIN NECESSARY PARTY 1. UltraVoice is a business in Pennsylvania, having an address of 1161 Lancaster Avenue, Bennryn, PA 19312. 2. UltraVoice contracted with H. Douglas Cluck, DMD, Plaintiff in this case to provide a service to John W. Shank, Defendant. 3. No contract for services was ever established between Plaintiff and Defendants. 4. Plaintiff has only named John W. Shank and Pauline L. Shank as defendants and has failed to name UltraVoice as a defendant. WHEREFORE, UltraVoice is an indispensable party and Plaintiff has failed to join this necessary party. Defendant requests this Honorable Court to direct Plaintiff to attach this necessary party or dismiss this action as against the named Defendants. Respectfully Submitted, GREASON LAW OFFICE Date Lisa M. eas ,Esquire 50 East igh reet Carlisle, PA 17013 (717)241-3030 ID #78269 Attorney for Defendants . i H. DOUGLAS CLUCK, DMD Plaintiff v. JOHN W. SHANK and PAULINE L. SHANK Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4612 CIVIL ACTION -Law AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. treason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Preliminary Objections filed in this matter by first class mail, upon the Attorney for Plaintiff, on the a26 day of CI~'72/7l~ , 2001 at the following address: James L. McAneny P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 Respectfully submitted, GREASON LAW OFFICE ~~ Li a M. Gr s ,Esquire Attorney for fendants 50 East High Street Carlisle, PA 17013 (717)241-3030 ID #78269 (-~ C3 (~ C. """ -r; ' R7I-. E 7 a~ 'F r-' N '~.?1 G;,e~ `: "=- CT` r. L1 ~' "°U ~=~'T' y ~ ~ ~?i C7 y.C N t ~~{{ ~ ~~" -G. C`~ "~ fU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, Plaintiff No. 01-4612 Civil Tenn v. Civil Action -Law JOHN W. SHANK and PAULINE L. SHANK, his wife, Defendants ANSWER TO PRELIMINARY OBJECTIONS The plaintiff responds to the Defendants' preliminary objections for failure to join a necessary party as follows: L After reasonable investigation, the plaintiff is without sufficient knowledge to form a belief as to the truth of this unverified factual averment. 2. Denied. The unverified assertion that the plaintiff contracted with UltraVoice to provide dental services to Defendant, John Shank, is denied. To the best of the plaintiffls knowledge, information and belief, U1traVoice purported to be an insurer of John Shank. 3. Denied. John Shank requested the plaintiff to perform dental services, for a fee, and the plaintiff provided those services. 4. It is admitted that the plaintiff has not named iJitraVoice as a defendant in this case. However, U1traVoice is no more a necessary party to this action than any other insurer would be. If the defendants wish to assert the liability of U1taVoice, they have the ability to join that entity as an additional defendant. WHEREFORE, the plaintiff respectfully prays that the preliminary objections be denied. Respectfully submitted, cAneny / I.D. # 22259 Attorney for Plaintiff P.O. Box 314 310 Third Street New Cumberland, PA 17070-0314 (717) 920-0170 VERIFICATION I, H. Douglas Cluck, DMD, Plaimiff named in the foregoing Answer to Preliminary Objections, do hereby affirm that the factual statements made therein are true and correct to the best of my knowledge, information, and belief. I make this affirmation subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: January 15, 2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing document were served by depositing the same in the United States Mail, First-Class postage prepaid, addressed as follows: Lisa M. treason, Esquire treason Law Office 50 East High Street Cazlisle, PA 17013 Date: January 15, 2002 _ -~~~~ ames L. McAneny ~~ C? ~_ ~: fT;-'. _ . _... - ~ G~ f- r i C. '" C . :~ f- Ja -? s.; ~g-~{