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Home My WebLink About99-05235I J CUMBERLAND VALLEY SCHOOL DISTRICT, ........................................... CLAIMANT .............. VS. . CaR.LI S.LE..SPR$TA . rhmj?.Q?gym' . Avg ".. OWNER ............................................... '? - ,5a.35 GixTefm In the Court of Common Pleas of Cumberland County, Pennsylvania No.... MLR. =RM... Civil. 19...... MSINICIPAL LIEN DOCKET .................. PRAECIPE FOR WRIT OF SCIRE FACIAS ...................................... TO THE PROTHONOTARY: ............................................................................. KINDLY ISSUE A WRIT OF SCIRE FACIAS IN THE ABOVE CAPTIONED MATTER ............................................................................. IN THE AMOUNT OF $46,365.18 WITH APPLICABLE COSTS AND INTEREST FROM ............................................................................. APRIL 14, 1999. ............................................................................... To ...QVRT. L4Nq .............................. Prothonotary ..................August 26................. 19..99. S BAKER RENNEMAN & SPARE, P.C. By:..? ... ..................... Attorney for Eftbafdlf. Claimant i .' Lo v l7 j) ....................... ,A11V ................................... ......81 ..........................poled 3dlO3VUd ........................................ sn ........................................ 61•wJal ......................ON ro n ?v CUMBERLAND VALLEY SCHOOL IN THE COURT OF COMMON PLEAS OF DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA Claimant NO. 99- 5?3 5 T2ffr1 v. CIVIL ACTION - LAW CARLISLE SPORTS EMPORIUM, INC., SCIRE FACIAS Defendant MUNICIPAL LIEN WRIT OF SCIRE FACIAS The Commonwealth of Pennsylvania to Carlisle Sports Emporium, Inc., greeting: WHEREAS, the Cumberland Valley School District on the 14th day of April, 1999 filed its claim in our court of Common Pleas of Cumberland County at No. 99-2215 MLD Term, for the sum of $46,365.18, with interest from the 14th day of April, 1999 for the Admissions /Amusement Tax levied by the Cumberland County School District for the period of February, 1, 1998 through February 28, 1999, against the following property situate in the Township of Middlesex, Cumberland County, Pennsylvania: All that certain tract of land including improvements thereon known and numbered as 29 South Middlesex Road, which is owned or reputed to be owned by you. AND WHEREAS, we have been given to understand that said claim is still due and unpaid, and remains a lien against the said property; NOW, you are hereby notified to file your affidavit of defense to said claim if defense you have thereto, in the Office Page 1 of 2 of the Prothonotary of our said Court, within fifteen (15) days after service of this Writ upon you. If no affidavit of defense be filed within said time, judgment may be entered against you for the whole claim, and the property described in the claim be sold to recover the amount thereof. WITNESS, the Honorable George E. Hoffer, President Judge of our said Court, this p3(91" day of August, 1999. 15.1 l lX!\G J? P. Prothonotary \-U ?N1 gym, Slt Deputy Prothonotary COSTS: $24.00 Pd Atty $ 1.00 Co. Due Page 2 of 2 SHERIFF'S RETURN - REGULAR CASE NO: 1999-05235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND VALLEY SCHOOL DIST VS. CARLISLE SPORTS EMPORIUM INC DAVID MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS upon CARLISLE SPORTS EMPORIUM INC was served defendant, at 9:20 HOURS, on the 27th day of August the 1999 at 29 S MIDDLESEX ROAD CARLISLE, PA 17013 County, Pennsylvania, by handing to GEORGE SEIGER (MANAGER) BERLAND a true and attested copy of the WRIT OF SCIRE FACIAS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answers: Service 3.10 Affidavit .00 Surcharge 8.00 r ?0001 ma ine, Sf]?Yi S79--III-SN$LBIKER, BRENNEMAN & SPARE 09//01//1999 by Ijuu llepu y .iciiLt U Sworn and subscribed P before me this day of , L.. 19A.D. Pr aTY SEP 2 9 1999 P CUMBERLAND VALLEY SCHOOL : IN THE COURT OF COMMON PLEAS OF DISTRICT, : CUMBERLAND COUNTY, PENNSYLVANIA Claimant NO. 99 - 5235 CIVIL TERM V. CIVIL ACTION -LAW CARLISLE SPORTS EMPORIUM, SCIRE FACIAS INC., MUNICIPAL LIEN Defendant ORDER AND NOW, THIS 4-M day of _GfQ6 F'e 1999, upon consideration of the Affidavit of Defenses filed by the Defendant in the above-/captioned matter, a hearing shall be scheduled on the / Sf day of fL?n ?/2 s/f 1999 in Court oom_ in the Court of Common Pleas of Cumberland County. Cw/'_Aa Co?uti irrva cl / /0-16-q7 AtK Peter J. Russo, Esquire for Defendant Philip H. Spare, Esquire for Claimant Q? (^,rp I v CID v PETER J. RUSSO, ESQUIRE 61 West Louther Street Carlisle, PA 17013 (717)249-2721 CUMBERLAND VALLEY SCHOOL DISTRICT, Claimant V. CARLISLE SPORTS EMPORIUM, INC., Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99 - 5235 CIVIL TERM : CIVIL ACTION -LAW : SCIRE FACIAS : MUNICIPAL LIEN DEFENDANT CARLISLE SPORTS EMPORIUM INC.'S AFFIDAVIT OF DEFENSES AND NOW, COMES the Defendant, Carlisle Sport Emporium, Inc. by and through its attorney Peter J. Russo and states in support of its Affidavit of Defenses as follows: 1. Carlisle Sports Emporium, Inc, maintains its principal business location of 29 South Middlesex Road, Carlisle, Pennsylvania. 2. Keith L. Plasterer is the President of Carlisle Sports Emporium, Inc. 3. The parties in the above-captioned matter have entered into and have engaged in ongning negotiations in an effort to resolve this matter. ?. Defendant has obtained a commitment letter from the Business Loan Center in Chicago, Illinois to refinance the property subject to the Municipal Liens in question. A copy of said commitment letter has been provided to the Claimant. 5. As a part of the refinancing, the Defendant has earmarked certain loan proceeds for and agreed to pay all outstanding and current Municipal Liens due Claimant. 6. Defendant has been advised that the entry of a judgment against the subject property would terminate the viability of the loan. Defendant expects the loan from the Business Loan Center to be completed and finalized, at the latest, by November 30, 1999. 8. The entry of a judgment in favor of the Claimant would create in irreparable hardship for the Defendant. 9. Defendant has a solution as to how to pay all liens owed to the Claimant well in development. 10. Claimant is well aware of the efforts Defendant has made and is making toward the resolution of this matter. 11. Defendant has reviewed the Writ of Scire Facias and avers that the sums claimed are inaccurate and capricious. WHEREFORE, Defendant, Carlisle Sports Emporium, Inc. respectfully requests that this Honorable Court schedule a hearing to determine the issues in question. Respectfully submitted, { o nT {?uhW/111 Peter J. Russo Dated: Tuesday, September 28, 1999 PETER J. RUSSO, ESQUIRE 61 West Louther Street Carlisle, PA 17013 (717)249-2721 CUMBERLAND VALLEY SCHOOL DISTRICT, Claimant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5235 CIVIL TERM V. : CIVIL ACTION -LAW CARLISLE SPORTS EMPORIUM, : SCIRE FACIAS INC., : MUNICIPAL LIEN Defendant CERTIFICATE OF SERVICE I, Peter J. Russo Esquire hereby certify that I am on this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below: Service by First-Class Mail Postage Prepaid, and Addressed as follows: Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, PA 17055 II rl ,?? L Peter J. Russo Date: Tuesday, September 28, 1999 CUMBERLAND VALLEY SCHOOL : IN THE COURT OF COMMON PLEAS OF DISTRICT, : CUMBERLAND COUNTY, PENNSYLVANIA Claimant NO. 99 - 5235 CIVIL TERM V. CIVIL ACTION - LAW CARLISLE SPORTS EMPORIUM, : SCIRE FACIAS INC., : MUNICIPAL LIEN Defendant VERIFICATION I, Keith L. Plasterer, an authorized agent for the Defendant in the above- captioned matter, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. .4A zl?? Keith L. Plasterer Date: R C) L ( Cl. 4-- l a ?_?..:_ I L:L_ Q( (V r n V (T J ? U CUMBERLAND VALLEY SCHOOL DISTRICT, Claimant V. CARLISLE SPORTS EMPORIUM, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5235 Civil Term CIVIL ACTION - LAW SCIRE FACIAS MUNICIPAL LIEN ORDER OF COURT AND NOW, this 17- day of November, 1999, upon consideration of Claimant's uw OFFICES SNELBAKER. BRENNEMAN & SPARE Motion to Compel Defendant to Respond to Claimant's Interrogatories and Request For Production of Documents, defendant is hereby ORDERED and DIRECTED to provide Answers to the Interrogatories and Responses to the Request For Production of Documents on or before BY THE C T, J. C the close of business Weedn%? y, November ?24, y1999. In the event Defendant does not comply with the foregoing, f "'? ? ~ he firay59ci a A.M. ll:uuAa"Z:_e e-re t.rj.Q kA4--j. ?? ?? , ?? .ate'`-?.r ?s ?; t CUMBERLAND VM] FY SC HOOT DTS"f RTC T. Claimant VO 99-5235 Civil Term V. CART,NLF. SPORTS FMPORIUM. INC'.. Defendant IN TI IF. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW SCIRF, FACIAS vil 'NIC'IP:V, I.IF,N MOTION "CO COMPEL DEFENDANT "f0 RESPOND TO CLAIMANT'S INTFRROC,ATnRIF_,4 AND RFQIEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Claimant. Cumberland Valley School District by its Attorneys. Snclhaker, Brenneman & Spare. P. C., who Files the within Motion as follows: I . 'this case involves the on going efforts of Cumberland Valley School District to collect from Defendant amounts clue and owing under the Admissions/ Amusement Tax for the time period of February I. 1999 through February 29, 1999. ?. In response to the Writ of Scire Facial issued in this case, Defendant answered that the sums claimed arc -inaccurate and capricious" without any explanation whatsoever as to the alleged inaccuracy or capriciousness. 1. 14c order signed by the I lonorahle Edward F. Guido and dated October 4, 1999, a hcariug teas scheduled at Ucfcndanl's request for Wednesday. December 1, 1999 at 1p11 OI IGJ , Sriei_nnr,ER enervru m?'? P S?'.vvr 1:30 P.M. .I. On Ocloher 20. 199U, c'laimant's counsel served upon Defendant's counsel Interrogatories and Request For Production of Documents, true and correct copies of which are attached hereto and incorporated by reference herein as "Exhibit A" and "Exhibit B" respectively. 5. On at least two occasions, Claimant's counsel reminded Defendant's counsel in writing of the necessity of a timely response to the foregoing discovery given the rapidly approaching hearing date. 6. Pursuant to applicable law, responses to the foregoing discovery requests were due on or before Friday, November 19, 1999. 7. Defendant did not respond to the foregoing discovery requests on or before Friday, November 19, 1999. 8. Claimant has been prejudiced in its ability to prepare for the December 1, 1999 hearing due to Defendant's failure to respond in a timely fashion to the discovery requests. WHEREFORE, Claimant requests your Honorable Court to issue an Order directing Defendant to provide Answers to the Interrogatories and Responses to the Request For Production of Documents on or before the close of business Wednesday, November 24, 1999 or be precluded from presenting argument or evidence at the December 1, 1999 hearing relating to the unanswered discovery and to order other relief as Your Honor deems just and reasonable, including but not limited to the award of LRW OFFICES counsel fees to Claimant. SNELBAKER, BRENNEMAN & SPARE Respectfully Submitted, SNELBAKER, BRENNEMAN & SPARE, P. C. By: 24/1 t Philip H. Spire, Esq r? 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant Cumberland Valley School District LAW OFFICES SNELBAKER• BRENNEMAN & SPARE Date: November 22, 1999 CUMBERLAND VALLEY SCHOOL DISTRICT, Claimant V. CARLISLE SPORTS EMPORIUM, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 5 NO. 99-52P CIVIL TERM CIVIL ACTION - LAW CLAIMANT'S INTERROGATORIES (FIRST SET) DIRECTED TO DEFENDANT TO: Peter J. Russo, Esquire 61 W. Louther Street Carlisle, PA 17013 AND Keith L. Plasterer, President Carlisle Sports Emporium, Inc. 29 S. Middlesex Road Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby requested, pursuant to Pennsylvania Rules of Civil Procedure 4001, et seq., to serve upon the undersigned within thirty (30) days after service of this Notice, answers in writing and under oath to the following Interrogatories. SNELBAKER, BRENNEMAN & SPARE, P. C. uw OFFICES SNELBAKER, BRENNEMAN & SPARE Date: October , , 1999 By: 94hQe-::? Philip V. Spa , Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Cumberland Valley School District EXHIBIT A DEFINITIONS AND INSTRUCTIONS "You" or "your" as used herein means the Defendant or Defendants to whom this Request is directed, his, her or their agents, employees, contractors, attorneys or any person, firm or entity acting on behalf of or at the request of said party or parties. "Defendant" shall mean and refer to Carlisle Sports Emporium, Inc., it agents, employees, contractors, attorneys or any other person, firm or entity acting on behalf of or at its request. "Claimant" as used herein means Cumberland Valley School District, its agents, employees, contractors, attorneys or any person, firm or entity acting on behalf of or at its request. "Identify" as used herein with respect to persons, means state the name, last known address, phone number, employer and employment position of the person. When used with respect to businesses, corporations, associations or entities, "Identify" means state the full name, last known address of its principal place of business and phone number of such business, corporation, association or entity. "Destroyed" as used herein shall mean and refer to the act LAW OFFICES SNELOAKER• BRENNEMAN & SPARE of shredding, burning, throwing away and/or defacing a document, together with any other act that permanently makes a record illegible or useless, or any other act that permanently dispossess Defendant of or from the document. -2- When an interrogatory requires you to "describe", to "state the basis of" or to "state all facts" on which you rely to support a particular claim, contention or allegation, state in the answer each and every fact and identify each and every document or communication which supports, refers to, or evidences such claim, contention or allegation. Whenever you are asked to "identify" a document or documents, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document, e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.; (b) Its date (or if it bears no date, the date when it was prepared); (c) The name, address, employer and position of the signer or signers of the document (or if there is no signer, of the person who prepared the document); (d) A brief statement of the subject matter of the document. The words "document" or "documents" as herein used include, LAW OFFICES SNELBAKER. BRENNEMAN & SPARE but are not limited, to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original, non-identical copy, rough or final draft of the following (regardless of -3- however or by whomever prepared, produced or reproduced) : books, records, reports, memoranda, notes, letters, telegrams, diaries, calendar or diary entries, schedules, maps, graphs, contracts, studies, analyses, instructions, photographs, tape-recordings, computer tapes, computer disks or diskettes, telex or fax transmissions, correspondence, messages, CD-ROM, drawings, forms and work paper or any other thing in which any matter is memorialized. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to these Interrogatories, and the time of trial, if you or anyone acting on your behalf learn of or obtain additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. uw OFFICES SNELBAKER. BRENNEMAN & SPARE -4- INTERROGATORIES 1. Identify each and every fact witness, lay witness and/or expert witness which you intend to offer or call in your case in chief or by way of rebuttal in an effort to prove any of the matters set forth in Defendant's Answer and in an effort to rebut any averments set forth in Claimants Writ of Scire Facias filed relative to this action. ANSWER: uw OFFICES SNELBAKER. BRENNEMAN & SPARE -5- 2. For each witness identified by Interrogatory, briefly state the subject individual's proposed testimony. ANSWER: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Answer to the preceding matter of each -6- 3. Identify all documents or other objects which you intend to introduce as exhibits at the hearing of this matter, whether in your case in chief or by way of rebuttal. ANSWER: LAW OFFICES SNELBAKER. 13RENNEMAN & SPARE -7- 4. With regard to each and every expert witness identified by Answer to Interrogatory 1, state: a) The subject matter on which the expert is expected to testify; b) The substance of the facts and opinions to which the expert is expected to testify; C) A summary of the grounds for each opinion; d) Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering this Interrogatory.) ANSWER: LAW OFFICES SNEL9AKER. BRENNEMAN & SPARE -8- 5. Describe what you allege is "inaccurate" about the sums claimed in the Writ of Scire Facias. ANSWER: 6. Describe what you allege is "capricious" about the sums claimed in the Writ of Scire Facias. ANSWER: uw OFFICES SNELBAKER• BRENNEMAN & SPARE -9- 7. Describe what amount you admit is due and owing to the Cumberland Valley School District in Admissions/Amusement Tax for the time period of February 1, 1998 through February 28, 1999. ANSWER: 8. Identify all documents or other objects relied upon in ascertaining your Answer to the preceding Interrogatory. ANSWER: LAW OFFICE, SNELBAKER. BRENNEMAN & SPARE -10- 9. Did you appeal in writing to the Cumberland Valley Board of School Directors from the Notice of Assessment of Deficiency in Payment of Admissions/Amusement Tax dated March 10, 1999? ANSWER: 10. Identify all persons who assisted in the preparation of your Answers to these Interrogatories. ANSWER: LAW OFFICE, SNELBAKER, BRENNEMAN & SPARE -11- CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Interrogatories to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Peter J. Russo, Esquire 61 W. Louther Street Carlisle, PA 17013 Philip ? Spare, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Cumberland Valley School District Date: October 20, 1999 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CUMBERLAND VALLEY SCHOOL DISTRICT, Claimant V. CARLISLE SPORTS EMPORIUM, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 35 NO. 99-5? CIVIL TERM CIVIL ACTION - LAW CLAIMANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT TO: Peter J. Russo, Esquire 61 W. Louther Street Carlisle, PA 17013 AND Keith L. Plasterer, President Carlisle Sports Emporium, Inc. 29 S. Middlesex Road Carlisle, PA 17013 Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, et seq., Claimant Cumberland Valley School District requests that Defendant Carlisle Sports Emporium, Inc. produce and permit aimant to inspect and copy each of the documents specified The documents should be made available for inspection and ing during regular business hours at the offices of 's attorneys, Snelbaker, Brenneman & Spare, P. C., 44 W. Street, Mechanicsburg, Pennsylvania, or at such other place may be mutually agreeable to the parties' attorneys, within LAW OFFICES SNELBAKER. BRENNEMAN & SPARE thirty (30) days of the service of this Request. Defendant shall also serve a written response to this "Request For Production of Documents within thirty (30) days of said service. EXHIBIT B INSTRUCTIONS 1. Produce all documents known or reasonably available to you. This means that you are required to produce all documents in the possession, custody, or control of you, your attorneys, accountants, investigators, representatives, agents, employees, servants, contractors, consultants, associates, or any others acting on your behalf or under your direction or control or their lattorneys or agents. 2. If you claim that the attorney-client privilege or any other privilege or reason for withholding documents is applicable to any document requested, please state as to each document: (a) the subject matter of the document; (b) the name of the writer, sender, or initiator of the original and each copy of the document; (c) the names of the recipients, addressees, or persons to whom the original or any copy of the document was sent; (d) each person who has ever had possession, custody or control of the original or any copy of the document; (e) the date of the original and each copy of the document, if any, or an estimate of its date; (f) a statement of the basis of the claim of privilege; and (g) sufficient further information concerning the document and the circumstances surrounding the document to explain the claim of privilege and to allow a court to adjudicate the propriety of your claim of privilege. LAW CFFICES SNELBAKER• BRENNEMAN & SPARE 3. If you assert privilege as to a portion of any category of documents or things requested, produce the remainder of that -2- category as to which you do not assert a privilege. If you assert privilege as to any portion of a document or thing requested, produce the portion as to which you do not assert a privilege. 4. This Request shall be deemed to be continuing. Between the time of your response and the time of trial, if you obtain, secure or gain control over any documents requested herein; then you shall promptly furnish Claimant's attorneys with same in accordance with the direction herein. DEFINITIONS LAW OFFICES SNELBAKER, BRENNEMAN & SPARE The words "document" or "documents" as herein used include, but are not limited, to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original, non-identical copy, rough or final draft of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, telegrams, diaries, :alendar or diary entries, schedules, maps, graphs, contracts, studies, analyses, instructions, photographs, tape-recordings, :omputer tapes, computer disks or diskettes, telex or fax -3- transmissions, correspondence, messages, CD-ROM, drawings, forms and work paper or any other thing in which any matter is memorialized. "You" or "your" as used herein means the party or parties to whom this Request is directed, his, her or its agents, employees, contractors, attorneys or any person, firm or entity acting on behalf of or at the request of said party or parties. "Defendant" shall mean and refer to Carlisle Sports Emporium, Inc., its agents, employees, contractors, attorneys or any other person, firm or entity acting on behalf of or at the request of Carlisle Sports Emporium, Inc. "Claimant" as used herein means Cumberland Valley School District, its agents, employees, contractors, attorneys or any person, firm or entity acting on behalf of or at the request of Cumberland Valley School District. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -4- DOCUMENTS TO BE PRODUCED 1. A photostatic copy or like reproduction of all statements made by any party or any witness concerning this lawsuit or its subject matter pursuant to Pennsylvania Rule of Civil Procedure 4003.4. 2. Any and all documents, reports, notes, memoranda, summaries and/or records of any kind relating to any and all interviews of any and all parties and witnesses or individuals made by any Defendant in this action, any adjuster, insurer, or any other agent, employee or representative of the party to whom this request is directed, other than their attorneys. 3. Any and all expert reports prepared by any expert engaged by the party to whom this request is directed, who will be called to testify at the trial of this case. This request is inclusive of any and all reports prepared by said experts during the course of the engagement by the Defendant dealing with any factual issue involving the case and any and all facts and data which have been reviewed by said expert and any and all opinions which he/she has rendered. 4. Any and all documents containing the name(s) or I address(es), either home or business, of any and all individuals contacted as potential witnesses in this case. r LAW OFFICES sNELBAKER. BRENNEMAN 5. Any and all documents identified in your Answers to & SPARE -5- Iclaimant's interrogatories (First Set) Directed to Defendant in this case. SNELBAKER, BRENNEMAN & SPARE, P. C. By: 944Q:? Philip !Y. Sp e, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant, Date: Cumberland Valley School District LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -6- CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Request For Production of Documents to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Peter J. Russo, Esquire 61 W. Louther Street Carlisle, PA 17013 U1.71?-.a 00 Philip H. Sp e, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Cumberland Valley School District Date: October 20, 1999 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to Compel to be served upon the person and in the manner indicated below: POSTAGE PREPAID. FIRST-CLASS MAIL ADDRESSED AS FOLLOWS: Peter J. Russo, Esquire 61 W. Louther Street Carlisle, PA 17013 Philip'H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Claimant )ate: November 22, 1999 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C., cv r '; .. Ij r c? U ?N N ? .7 C yy w o ro aH H u (a ! w 'ii U F £ a i.7 i W u ZU) Lno4 QMHH O I?aW R U Ch CN4W m H >H y DOHU DH uzuto uQ J11 JLlfi T J . E a ro Ln a a W °o i a w o o z z W N v o ?g Pia c z z m w a E ?< w ?S a m u 0 a C=l VI H ¢ a < g V W N o E _j< z a z = z 74 i NOV 2 2 1999' Johnson, Duffle, Stewart & Weidner By: Jerry R. Duffle I. D. No. 09601 Michael Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 CUMBERLAND VALLEY SCHOOL DISTRICT, Plaintiff V. CARLISLE SPORTS EMPORIUM, INC., Defendant Attorneys for Cumberland Valley School Dist?qt ? a x M a) O -t? :z C-) G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5235 Civil Term PRAEC/PE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled and discontinued. :427281 12050-45 Michael J. Cassidy Solicitor Mk %I Ota1) C? 3 SSA C) CERTIFICATE OF SERVICE AND NOW, this 7'?6 day of JaIgga 2011, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony P. Tabasso, Esquire Klehr, Harrison, Harvey, Branzburg & Ellers, LLP 260 South Broad Street Philadelphia, PA 19102 JOHNSON, DUFFIE, STEWART & WEIDNER By Beth A. Fetterhoff 00