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HomeMy WebLinkAbout07-4117Johnson, Duffie, Stewart 8 Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., 501 Fulling Mill Road Middletown, PA 17057 Plaintiff v. BRENDA K. SHEAFFER, 746 Conestoga Avenue Manheim, PA 17545 Defendant NOTICE TO DEFEND NO. p~- r~Il7 Civi I jerrn CIVIL ACTION -LAW JURY TRIAL DEMANDED 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 served, by entering a wri en appearance personally or by attorney and filing in writing with the court your defenses r objections to the claims set forth against you. You are warned that if you fail to do so, the c se may proceed without you and a judgment may be entered against you by the Court wit out further notice of any money claimed in the Complaint or for any other claim or relief reque$ted by the Plaintiff. You may lose money or property or other rights important to you. ~~ YOU SHOULD TAKE THIS APER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TEL PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIT INFORMATION ABOUT HIRING A LAWYER. III Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL AV/SO PARR DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogadp y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falls de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante pars usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart 8- Weidner By: Wade D. Man ley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., 501 Fulling Mill Road Middletown, PA 17057 Plaintiff v. BRENDA K. SHEAFFER, 746 Conestoga Avenue Manheim, PA 17545 Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 47- `~//~ CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Phillips Office Products, Inc., by and through its counsel, Johnson, Duffle, Stewart & Weidner, P.C., and files this Complaint, and in support thereof states as follows: 1. Plaintiff, Phillips Office Products, Inc., is a Pennsylvania corporation with its principal place of business located at 501 Fulling Mill Road, Middletown, Dauphin County, Pennsylvania 17057. 2. Defendant, Brenda K. Sheaffer, upon information and belief, is an adult individual residing at 746 Conestoga Avenue, Manheim, Lancaster County, Pennsylvania 17545. 3. On July 25, 2006, the Defendant, Brenda K. Sheaffer, was operating a motor vehicle on East Simpson Street in Mechanicsburg, Pennsylvania, when she failed to stop her vehicle prior to making impact with the rear of the vehicle owned by the Plaintiff, Phillips Office Products, Inc. 4. The impact caused property damage to the rear of the Plaintiff's vehicle. 5. To the extent that Gallagher Bassett Services, Inc. has paid certain sums of money to its insured, Plaintiff, Phillips Office Products, Inc., pursuant to an insurance policy, Gallagher Bassett Services, Inc. is a subrogee of its insured, the Plaintiff, with respect to the claims made against the Defendant. 6. Defendant, Brenda K. Sheaffer, caused the foregoing accident and the damages set forth herein are a direct and proximate result of the negligent, careless and reckless manner in which she operated her vehicle as follows: a. By failing to observe traffic and reacting properly to it; b. By failing to keep a proper lookout for stopped vehicles; c. By failing to apply her brakes in sufficient time so as to avoid hitting the vehicle in front of her; d. By failing to stop and/or avoid hitting the vehicle in front of her; e. By failing to keep proper and adequate control of her vehicle; f. By failing to drive her vehicle with due regard for the existence of property in his path of'travel and of which she was, or should have been, aware; g. Failing to prevent an impact which led Plaintiff's vehicle to sustain damage; h. By operating her vehicle without a driver's license, insurance or proper registration; i. By driving her vehicle in a manner endangering persons or property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and j. Causing, allowing and/or permitting her vehicle to directly or indirectly strike Plaintiff's vehicle. 7. As a result of the accident, severe property damage was caused to the Plaintiff's vehicle. WHEREFORE, Plaintiff, Phillips Office Products, Inc., demands judgment against the Defendant, Brenda K. Sheaffer, together with interest and costs of suit which is an amount necessary to submit this suit to Compulsory Arbitration. JOHNSON, DUFFIE, STEWART & WEIDNER B Y Wade D. an ey I. D. No. 872 301 Market St et P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff Date: 7-10- D 7 :294742 13631-81 VERIFICATION I, 1~AViD .~ ,1- ~tSCxr~_, verify that I am authorized to execute the foregoing document on behalf of Phillips Office Products, Inc., and in that capacity I confirm that the facts set forth in the foregoing Complaint are true and correct. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. PHILLIPS OFFICE PRODUCTS, INC. By: Date: ~~ 03 0 '~. ~ N c:~ ~ ~ 0 ~ . ~ C._ -~ ~ 0 r rte r •~ ~ = ~ ~ ~ j -, = ; .a b ~` ; - ~ -, , D h7 ~Jr~ ~~ ~.~ }_-. w -~ D SHERIFF'S RETURN - OUT OF COUNTY CAsE NO: 2007-04117 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS OFFICE PRODUCTS INC VS SHEAFFER BRENDA K R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT SHEAFFER BRENDA K to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 7th 2007 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co Postage So answer _.__ -~ ~ -__:~ ~. 18.0 0 ~"`"'. : ' -- _.. ~-:- - .~ , 9.00 z` --'~ 10.00 R`. Thomas Kline 51.20 Sheriff of Cumberland County 1.33 89.53 / ~,.. F~tG'o7 08/07/2007 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of A.D. SHERIFF'S OFFICE 3 H CA (7 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717} 299-8200 ~ SHERIFF SERVICE PLEASE TYPE OR RRiNT LEGiBI.Y. ~ PROCESS RECEIPT, and AFFIDAVIT OF RETURN QO NOT bETACH ANY CC?PiES. ~ 1 PLAINTIFF/S/ 2 COURT NUMBER Phillips Office Products Inc Notice and Complaint ~ 3 DEFENDANT/S/ 4 TYPE OF WRlT OA COMPLAINT Brenda K. Sheaffer 07-4117 civil SERVE 5 NAME OF INDIVIDUAL. COMPANY, GOHPOHATION, ETC, TO BE SERVED. Brenda K. Sheaffer 6 ADDRESS (Street or RFD~y~ment No., City, Boro, Twp., State and ZIP Code) AT 746 Conestogi~`-Manheim, PA 17545 7. INDICATE UNUSUAL SERVICE: ^ DEPUTIZE ^ OTHER Now, u ~' 20 , I, SHERIFF OFd~'~!R COUNTY, PA., do here~byr~dieputize the Sheriff of Lancaster County to execute this Wr~~.~~a2~~ttarn thereof according to law. This deputation being made at the request and risk of the plaintiff. +' „~ SC re's' Cumberland Please mail return of service to Ct~nberland County Sheriff. Thara.k you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custodyof whomever is found in possession, after notifying person of levy or attachment, without liability on the paA of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sate thereof. 8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 t DATE W~ 1 16. 1 hereby CERTIFY and RETURN that I ^ have personaily served, ^ have legal evidence of service as shown in "Remarks", ^ have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 1 B. Name and title of individual served (if not shown above) (Relationship to Defendant) t 9. ^ ~ ~~ See Rernerltt: Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street orRFD. Apartment No .City, Boro, Twp 21 Date of Service 22 Time State and Zip Code) aM PM EOS T 23. ATTEMPTS D t ilea Dep. Int. Dats Miles Dep. Int. Dste Miles Dep. Int. Date Mile s Dep. Int. Date Miles Dep. Int. ~~ 24. Advance Costs 25. Service Costs 26. Notary Cert. 27 Mileage/Postage/N.F. 28 Total Costs 29 COST DuE OR REFUND 150.00 36.50 (~~~ ~ ~ g~ JV. RCMr1I~r~J. ~~k/ID~r+t.-- / •`-C~~Sp V ~ l~ l .W!"~Ji~'fy'Y~ ~/~/~-,`., ~~~.//~I~' /~~/ _ ~ ~//~ ! ~/~ - l! ~/Y~ S.T.A.: ~~..~e /~,~ f ~ ~`. ~ y "r~ ~ f /vt/'~ i ~~L ~~/a' , ~~~ / ~~y5~ g ~-?~_~ SO ANS E 31. AFFIRMED and subscribed to before me this 34. day of 37 35 ubuc ~ WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE -Sheriffs Office JOHNSON, DUFFIE. STEW ART & WEIDNER 301 MARKET ST. PO BOX 109 L E M OYN E, P A. 17043-0109 __ SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ ! NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15. Expiration/Hearing date orcomplaintasindicatedabove. ( JACKIE MICCICHE 717-390-2309 ~ 7/16/07 ~ 8/10/07 f ., Johnson, Duffie, Stewart 8 Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., Plaintiff v. BRENDA K. SHEAFFER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: In the above-captioned matter, please reinstate the Complaint filed at the Cumberland County Courthouse on July 11, 2007. Respectfully submitted, JOHNSON, DUFFIE, STEWART 8~ WEIDNER By: cv Wad nley :313339 13631-81 r ., CERTIFICATE OF SERVICE AND NOW, this ~a~~y of October, 2007, 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: Brenda K. Sheaffer 3 S. Humer Street Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: Car n S. Jen n ~~ ~ _ {, `+' ~~~,,. ' }C~ ~ -1 ~ ~ Y .... S ~ . k ~, a r 3 ' c _ .. .. ~ : ~ 3 77 ~ ~- ~ c..~ ~_~ r~s~t G =a - cra . ~ , --~: SHERIFF'S RETURN - NOT FOUND rr'ASE N0: 2007-04117 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHILLIPS OFFICE PRODUCTS INC VS SHEAFFER BRENDA K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEAFFER BRENDA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT NOT FOUND as to SHEAFFER BRENDA K 3 S HUMER STREET ENOLA, PA 17025 PER NEIGHBOR, NO ONE HAS LIVED AT 3 S HUMER STREET ENOLA FOR 3 YEARS. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 Postage ~i'a'-~o1 L~,, 4 So answers: ~ r ..., ,-> ~~.,.~ ----- ~ .:. i,,.-- ~~l _, -r ~: R . ~oma~ne Sheriff of Cumberland County JOHNSON DUFFIE STEWART WEIDNER 11/13/2007 Sworn and Subscribed to before me this day of A.D. _ ~. Johnson, Duffie, Stewart 8- Weidner By: Wade D. Manley I.D. Na. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 1.7343-0709 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., Plaintiff v. BRENDA K. SHEAFFER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECtPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: NO. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED In the above-captioned matter, please reinstate the Complaint filed at the Cumberland County Courthouse on October 31, 2007. Respectfully submitted, JOHNSON, DU~FIE, STEWART & WEIDNER By: nley :319876 13631-81 sJ' CERTIFICATE OF SERVICE AND NOW, this ~iday of January, 2008, 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: Brenda K. Sheaffer Starlite Motel 1368 E. Harrisburg Pike Middletown, PA 17057 JOHNSON, DUFFIE, STEWART & WEIDNER By: C rleen S. Jens n r-* u ~:`, cu t__ r~~+ ~. t..~ -r7 ---i ~.~~ ~C3 '~~ t ~; 1.% ~.,.7 Y 1. .'~f .~ ~1~J/ SHERIFF'S RETURN - OUT OF COUNT`S ~w ~ CASE NO: 2007-04117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS OFFICE PRODUCTS INC VS SHEAFFER BRENDA K R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a iligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE On January 29th 2008 this office was in receipt of t attached return from DAUPHIN Sheriff ' s Costs : So answe,,rs,-• _~ Docketing 18.00 .--~~ " ~~,- .~- Out of County 9.00 ~ "~ Surcharge 10.00 R. Thomas Kline Dep Dauphin Co 35.25 Sheriff of Cumbe land County Postage 1.55 7 3. 8 0 r/ ~1b.5'~D y ~.., 00/00/0000 Sworn and subscribe to before me this day of County Pennsylvania, to A.D. .~ In The Court of Coffnaraom l~le~s'of Cumberland C~unty, Pennsylvania Phillips Office Products Inc VS. Brenda K. Sheaffer No . 07~-4117 civil Now, Jan 16, zoos , I, SHERIFF OF Cl hereby deputize the Sheriff of ~u~'s' deputation being made at the request and risk of the Plaintiff. GIBE AND COUNTY, PA, do Coun to execute this Writ, this Sheriff of C mberland County, PA Affidavit of Service Naw, within upon at by handing to a and made known to So answers, M. served the contents thereof. Sheriff of COSTS Sworn and subscribed before SERVICE ~ $ me this day of , 20 MILEAGE - AFFIDAVIT 20 , at o' copy of the original County, PA (~~'~fac~ n~f ~ ~l~e,~f~ Mar~~Jane Sn~der R Estate Depu William T. Tully Solicitor ...~.. Dauphin County Hamsburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PHILLIPS : BRENDA K Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy PRODUCTS INC VS Sheriff s Return No. 2008-T-0124 OTHER COUNTY N0.07-4117 CIVIL And now: JANUARY 24, 2008 at 10:22:00 AM served the within RE STATED COMPLAINT upon BRENDA K SHEAFFER by personally handing to B NDA K SHEAFFER 1 true attested copy of the original REINSTATED COMPLAINT and m g known to him/her the contents thereof at STARLITE MOTEL 1368 E HARRISBURG PIKE MI DLETOWN PA 17057 Sworn and subscribed to before me this 25TH day of January, 2008 NUTARlAL SEAL AR.Y JANE SNYDER, Notary Publi Highspire, Dauphin County M -Commission Ex irea t 1 2010 So Anpswers,~ ~ /~ %~~ Sheriff caupl~i Rv ~'' Deputy Sheriff Deputy: S SCHAE FER Sheriff s Costs: $3 .25 1 /22/2008 Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns. com Attorneys for Defendant Brenda Sheaffer PHILLIPS OFFICE PRODUCTS, INC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. BRENDA K. SHEAFFER Defendant. No. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Brenda K. Sheaffer, with regard to the above-captioned matter. Date: Q' C ~~ ~ By: submitted, Jef T. McGuire, Esquire orney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Brenda K. Sheaffer 06621-114-129497 CERTIFICATE OF SERVICE AND NOW, this 25th day of February 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wade D. Manley, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 CALDWELL & KEARNS By: ` Shirley Erb, Secretary -z .~ '~=' ` ~ c~ ~--: .,_ -- , y , y . / ..O p r~ ~J1 Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 ~'~ (717) 232-2766 (fax) j mcguire@caldwellkearns.com Attorney~ for Defendant Brenda Sheaffer PHILLIPS OFFICE PRODUCTS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-4117 BRENDA K. SHEAFFER Defendant. CNIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT, BRENDA K. SHEAFFER'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Brenda K. Sheaffer by and through her Attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, P.C., and files the within Answer with New Matter and avers in support thereof as follows: 1. Admitted based on information and belief. 2. Admitted in part. It is admitted that Brenda K. Sheaffer is an adultlindividual. The rest of this ara a h is denied. p ~' P 3. Admitted in part. It is admitted that the vehicle owned by Brenda K. Sheaffer struck the rear of the vehicle owned by Phillips Office Products, Inc., on East Simjpson Street in Mechanicsburg, Pennsylvania. The rest of this paragraph is denied. 4. Denied. Denied as a conclusion of law. 6. Denied as a conclusion of law. 7. Denied. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Date: ~~~~~o~ 06621-114/ 129401 Respectfully submitted, By: e ey T. McGuire, Esquire ttorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorney for Defendant, Brenda Sheffer VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: 3/~~/p~ Brenda K. Sheaffer CERTIFICATE OF SERVICE AND NOW, this day of ~1 008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wade D. Manley, Esquire 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 CALDWELL & KEARNS '. By: ti i Cy r~ ~ I?. . it ._ rT r=`~, ~ T~` ~ ~" - ~ 7 7 ~ "C7 ~ ~ ` a J "?") t ~ re ~ i ~ ~ ~ rrr ~' ~; Johnson, Duffle, Stewart 8 Weidner By: Wade D. Man ley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., Plaintiff v. BRENDA K. SHEAFFER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4117 JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes the Plaintiff, Phillips Office Products, Inc., by and through its attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and file this Motion for Leave to Amend Complaint, and in support thereof, aver as follows: 1. On or about July 11, 2007, the Plaintiff filed a Complaint seeking recovery for damages sustained in a motor vehicle accident. 2. After extensive investigation, the Defendant was finally located and served with the Complaint on January 24, 2008. 3. On or about February 22, 2008, undersigned counsel spoke to Jeff McGuire, Esquire who was assigned to represent the Defendant. 4. Undersigned counsel granted Mr. McGuire's request an extension that was made, in part, so that he could locate his client. To further his ability to locate the Defendant, undersigned counsel provided Mr. McGuire with the address where the Defendant was served with the Complaint. 5. On July 30, 2008, the Plaintiff served Interrogatories and Request for Production of Documents on the Defendant. 6. On October 21, 2008, the Defendant served answers to the Interrogatories and Request for Production of Documents stating that she was the owner of the vehicle, but the operator of the vehicle was her boyfriend, Shawn Sweigart. 7. Upon review Defendant's answers to the written discovery, it has been determined that the Plaintiff has a potential valid and colorable claim against the Defendant for negligent entrustment of her vehicle to Mr. Sweigart for damages arising out of the same transaction and occurrence presented in the Plaintiff's Complaint. 8. Pursuant to Pa. R. C. P. 1033, the Plaintiff respectfully request that this Court enter an Order granting the Plaintiff leave to amend its Complaint to include a count of negligent entrustment. 9. Granting of the relief requested by the Defendants would fulfill the policy of the Pennsylvania judicial system of favoring liberal leave to amend pleadings. 10. Counsel for the Moving party certifies that he did send a copy of the full text of the instant Motion to counsel for the Defendant and counsel's request for concurrence was denied. 11. No judge had ruled upon any other issue involved in this matter. WHEREFORE, the Plaintiff respectfully requests that this honorable Court enter an Order granting the Plaintiff leave to amend its Complaint to include a count of negligent entrustment. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~/" Wade . Ma I. D. No. 872 4 301 Market S P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendants DATE: (o('~A (0~ :348768 13631-81 CERTIFICATE OF SERVICE AND NOW, this ~ day of October, 2008, the undersigned does hereby certify that he 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: Jeffrey T. McGuire, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 JOHNSON, DUFFIE, STEWART & WEIDNER By: U -" _ l Wade D. and y _a ~ ~ - f,,,.~ - _ ., , ~. ' ~ ..--z ~, d A? ..,,,. ;, : K. ._ ...., t.. ::`mil, PHILLIPS OFFICE PRODUCTS, INC., Plaintiff vs. BRENDA K. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4117 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT ORDER AND NOW, this `f ~ day of November, 2008, a rule is issued on the defendant to show cause, if any, why the relief requested in the within motion ought not to be granted. Said rule returnable ten (10) days after service. In the event a response is filed, same shall contain a proposed order for argument. BY THE COURT, ''Wade Manley, Esquire For the Plaintiff /Jeffrey McGuire, Esquire For the Defendant rlm Es rn.~. ~ L~cl~ ~~~l~oS `.~ ' ~': .. * ' _. , _:. .: s-- -- :: i ' : t~C . . -~> ~,. ~ ~ _.. E_,;._ G'~ ' .. C'.7 K~ ; ~ ' ,} C ~ . ... ,,.. Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorne s for Defendant Brenda Sheaffer PHILLIPS OFFICE PRODUCTS, INC. Plaintiff v. BRENDA K. SHEAFFER Defendant. CIVII. ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes Defendant, Brenda K. Sheaffer, by and through her attorneys, Caldwell Kearns, and file this Response to Plaintiff's Motion for Leave to Amend Complaint, and in support aver as follows: Admitted. 2. It is Admitted that Defendant was served with the Complaint on or about January 24, 2008. The rest of this paragraph is hereby Denied. 3. Admitted. 4. Admitted. Byway of further Answer the undersigned counsel entered his appearance on Februray 26, 2008. 5. Admitted. 6. Admitted. Denied. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4117 8. Denied as a Conclusion of Law. 9. Denied. New Matter 10. The Plaintiff s claims stem from an automobile accident that occurred on July 25, 2006. 11. The statute of limitations for a claim of negligent entrustment is two years pursuant to 42 Pa.C.S.A. § 5524. 12. The statute of limitations for the Plaintiff s proposed negligent entrustment claim ran on July 26, 2008. 13. Plaintiff is barred from bringing a claim for negligent entrustment after the two year statute of limitations has run. 14. Granting the relief requested by the Defendant would be contrary to the policies supporting the enactment of the statute of limitations for negligent entrustment. WHEREFORE, the Defendant respectfully requests this honorable Court enter an Order denying Plaintiff s Motion for Leave to Amend its Complaint to include a court of negligent entrustment. submitted, Date: November 12, 2008 By: ~ffr T. McGuirkquire At rney I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorney for Defendant, Brenda Sheaffer 06621-114 / 140681 2 CERTIFICATE OF SERVICE AND NOW, this 12`h day of November, 2008, I hereby certify that I have served a copy of the within Response to Plaintiff's Motion for Leave to Amend Complaint on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wade D. Manley, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 CALDWELL & KEARNS e, ~.~E-- ~_ ' t r .. .,~ . :; ~ ~ _ ~ r ~ _ t.~ J:' r~ov j a Zooe~, `~ PHILLIPS OFFICE PRODUCTS, INC. Plaintiff v. BRENDA K. SHEAFFER Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER N~~Fn.._._~ AND NOW, this ~ day of , 2008, after consideration of the Plaintiff's Motion for Leave to Amend its Complaint and Defendant's Response thereto, it is hereby ORDERED that oral argument shall be held in the above-referenced matter on ~L~/t/ ~{ , 20(~,6~ at 3~Gb p.m., in Courtroom No. ~ of the Cumberland County Courthouse. BY THE COURT: ~llistribution: '~ Wade D. Manley, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 / Jeffrey T. McGuire, Esquire, Caldwell & Kearns, P.C., 3631 North Front Street, Harrisburg, PA 17110-1533 ~~ies mailsc~ ll//SOS i ~/' ~t'~` l~~~~ ~' C.~ 1 ~V1 t;t~ V 1 ~tJ4`I t7~~U ~titi~ - PHILLIPS OFFICE IN THE COURT OF COMMON PLEAS OF PRODUCTS, INC., Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW BRENDA K. SHEAFFER, NO. 07-4117 CIVIL TERM Defendant IN RE: PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT ORDER OF COURT AND NOW, this 4th day of December, 20.08, after argument, the plaintiff's motion for leave to amend complaint is granted without prejudice to the defendant to raise the application of the statute of limitations. By the Court, ~~ Kevin Hess, J. ~' Wade D. Manley, Esquire For Plaintiff ,/Jeffrey T. McGuire, Esquire For Defendant bg i ES rri~. ~ ~z~ s~o~3 _~ ~t~'J~~'E+°~~`~~ci ~£ ~~i i~ld S- ~~Q B~IIZ ~;:'~~~`~wC'II3 Johnson, Duffe, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Plaintiff PHILLIPS OFFICE PRODUCTS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~, NO. 07-4117 BRENDA K. SHEAFFER, CIVIL ACTION -LAW SHAWN SWEIGART JURY TRIAL DEMANDED Defendants 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 20 days after this Amended 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 Amended Complaint or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los prbximos veinte (20) Bias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Johnson, Duffie, Stewart & Weidner By: Wade D. Man ley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., 501 Fulling Mill Road Middletown, PA 17057 Plaintiff v. BRENDA K. SHEAFFER, SHAWN SWEIGART Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes the Plaintiff, Phillips Office Products, Inc., by and through its counsel, Johnson, Duffie, Stewart & Weidner, P.C., and files this Complaint, and in support thereof states as follows: 1. Plaintiff, Phillips Office Products, Inc., is a Pennsylvania corporation with its principal place of business located at 501 Fulling Mill Road, Middletown, Dauphin County, Pennsylvania 17057. 2. Defendant, Brenda K. Sheaffer, upon information and belief, is an adult individual residing at Starlite Motel, 1368 E. Harrisburg Pike, Middletown, Dauphin County, Pennsylvania 17057. 3. Defendant, Shawn Sweigart, upon information and belief, is an adult individual residing at Starlite Motel, 1368 E. Harrisburg Pike, Middletown, Dauphin County, Pennsylvania 17057. 4. On July 25, 2006, the Defendant, Brenda K. Sheaffer, was operating or permitted another individual to operate a motor vehicle on East Simpson Street in Mechanicsburg, Pennsylvania, when that motor vehicle failed to stop prior to making impact with the rear of the vehicle owned by the Plaintiff, Phillips Office Products, Inc. 5. The impact caused property damage to the rear of the Plaintiff's vehicle. 6. To the extent that Gallagher Bassett Services, Inc. has paid certain sums of money to its insured, Plaintiff, Phillips Office Products, Inc., pursuant to an insurance policy, Gallagher Bassett Services, Inc. is a subrogee of its insured, the Plaintiff, with respect to the claims made against the Defendant. COUNT I 7. Paragraphs 1-6 of this Complaint are incorporated as though set forth at length herein. 8. Defendant, Brenda K. Sheaffer, caused the foregoing accident and the damages set forth herein are a direct and proximate result of the negligent, careless and reckless manner in which she operated or permitted her vehicle to be operated as follows: a. By failing to observe traffic and reacting properly to it; b. By failing to keep a proper lookout for stopped vehicles; c. By failing to apply her brakes in sufficient time so as to avoid hitting the vehicle in front of her; d. By failing to stop and/or avoid hitting the vehicle in front of her; e. By failing to keep proper and adequate control of her vehicle; f. By failing to drive her vehicle with due regard for the existence of property in his path of travel and of which she was, or should have been, aware; g. Failing to prevent an impact which led Plaintiff's vehicle to sustain damage; h. By operating her vehicle without a driver's license, insurance or proper registration; i. By driving her vehicle in a manner endangering persons or property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and j. Causing, allowing and/or permitting her vehicle to directly or indirectly strike Plaintiff's vehicle. 9. As a result of the accident, severe property damage was caused to the Plaintiff's vehicle. 10. At all material times, the Defendant, Brenda K. Sheaffer, owned and controlled the vehicle that caused severe property damage was caused to the Plaintiff's vehicle. 11. At all material times, the driver of the Defendant's vehicle exhibited an appearance and/or conduct which should have caused her to foresee that Brian Vasquez was not a competent or safe vehicle operator. 12. The Defendant, Brenda K. Sheaffer, was negligent in her entrustment of her vehicle when she knew, or should have known, that the driver was not a competent vdhicle operator. 13. As a direct and proximate result of the Defendant, Brenda K. Sheaffer's, negligence, the aforementioned accident occurred. WHEREFORE, Plaintiff, Phillips Office Products, Inc., demands judgment against the Defendant, Brenda K. Sheaffer, together with interest and costs of suit which is an amount necessary to submit this suit to Compulsory Arbitration. COUNT II 14. Paragraphs 1-13 of this Complaint are incorporated as though set forth at I~ngth herein. 15. Defendant, Shawn Sweigart, caused the foregoing accident and the damages set forth herein are a direct and proximate result of the negligent, careless and reckless man~her in which he operated or permitted his vehicle to be operated as follows: a. By failing to observe traffic and reacting properly to it; b. By failing to keep a proper lookout for stopped vehicles; c. By failing to apply her brakes in sufficient time so as to avoid hittinjg the vehicle in front of her; d. By failing to stop and/or avoid hitting the vehicle in front of her; e. By failing to keep proper and adequate control of her vehicle; f. By failing to drive her vehicle with due regard for the existence of property in his path of travel and of which she was, or should have been, aware; g. Failing to prevent an impact which led Plaintiff's vehicle to sustain damage; h. By operating her vehicle without a driver's license, insurance or proper registration; i. By driving her vehicle in a manner endangering persons or property in a reckless manner with careless disregard to the rights and safety of dthers and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; and j. Causing, allowing and/or permitting her vehicle to directly or indirectly strike Plaintiff's vehicle. 16. As a result of the accident, severe property damage was caused to the Plaintiffs vehicle. 17. As a direct and proximate result of the Defendant, Shawn Sweigart's, negligence, the aforementioned accident occurred. WHEREFORE, Plaintiff, Phillips Office Products, Inc., demands judgment again$t the Defendant, Shawn Sweigart, together with interest and costs of suit which is an amount necessary to submit this suit to Compulsory Arbitration. Date: ~ 2 ~ t ? ~ o ~ JOHNSON, DUFFIE, STEWART & WEIDNER' B Y Wade D. M n y ', I. D. No. 87 4 ', 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff :353230 13631-81 VERIFICATION The undersigned, the attorney of record for the pleading party herein, states that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief, upon information supplied to him. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Vv~ Wade D. Manle squire Dated: tz~~7(o$ CERTIFICATE OF SERVICE 1f~ AND NOW, this ~ day of December, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of recorhd by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jeffrey T. McGuire, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 JOHNSON, DUFFIE, STEWART & WEIDNER GN By: Wade D. Manl c.. 'r'a _,:~ Ct'. - ~T x- -ry " ~ { T i r._ .~ _..~. -~ %. {3.,s q r~: ._„g _,_.. 'a :-7 `~J ~1~.7 .~-_ Johnson, Duffle, Stewart 8 Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., 501 Fulling Mill Road Middletown, PA 17057 Plaintiff v. BRENDA.K. SHEAFFER, SHAWN SWEIGART Defendant NO.07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAEC/PE TO REINSTATE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the Amended Complaint originally filed in the above-captioned action on December 18, 2008. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: U vV ` Wade D. Manl quire Attorney I. D. N 244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Telephone: (717) 761-4540 356251 13631-81 CERTIFICATE OF SERVICE AND NOW, this 2L~ day of January 2009, the undersigned does hereby certify that he 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: Jeffrey T. McGuire, Esquire Caldwell 8~ Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 JOHNSON, DUFFIE, STEWART & WEIDNER By. ~ A/v Wade D. Manl ~;;' t: ~ ~~ ' s ~ , ; ' n T ~. d \,~ hh~ ,Yi) \, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-04117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS OFFICE PRODUCTS INC VS SHEAFFER BRENDA K R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SWEIGART SHAWN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE On February 2nd 2009 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 18.00 -- ~~ '~``~~ ~~ Out of County 9.00 r' / Surcharge 10.00 R. Thomas Kline Dep Dauphin County 47.25 Sheriff of Cumberland County Postage 1.17 85.42 02/02/2009 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of County, Pennsylvania, to A.D. `~~d'~i~~AS'N°~d ~~~rS ~p r~.r`?lt'~~~~ ~ ! ~Oi ~ g.. 83~ ~f~Z /~~~~LIlS1V ~.~n4~Yr .~f~ +~V ~~~a~~"' Johnson, Duffie, Stewart 8 Weidner By: Wade D. Man ley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717} 761-4540 wdm@jdsw.com PHILLIPS OFFICE PRODUCTS, INC., 501 Fulling Mill Road Middletown; PA 17057 Plaintiff v. BRENDA K. SHEAFFER, SHAWN SWEIGART Defendant NO. 07-4117 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action settled and discontinued on the docket with prejudice. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: W Wade D.QVlanl , E3quire Attorney I. D. o. 87244 301 Market St e P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 _ Telephone: (717) 761-4540 DATE: '~~ ~ /D `) 363324 13631-$1 i-_~-_~ CERTIFICATE OF SERVICE 1 ~ AND NOW, this I ~ day of April 2009, the undersigned does hereby certify that he 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: Jeffrey T. McGuire,. Esquire Caldwell 8~ Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 JOHNSON, DUFFIE, STEWART 8~ WEIDNER B: Y Wade D. Manl y ~~ TNT €~^^~ { F..r~r~;~xAf?Y 2(~4 APR 16 Phi 2~ 4 0 C' E` '~ ., ~ ~ ,, ,'.~irtil'