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HomeMy WebLinkAbout08-2930 CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant MON PLEAS PENNSYLVANIA iv; l IerM IN THE COURT OF C CUMBERLAND COU CIVIL ACTION - L NO. as - ZqW IN DIVORCE NOTICE TO DEFEND Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWEW& ICI MAY FLOWER & LINDSAY 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You ar warned that if you fail to do so, the case may proceed without you and a decree of div=e or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DI ISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVO CE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TH M. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ET LEGAL HELP. Carol J. Lindsay, Attorney W 4469 26 West Hi ree Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff -ft . CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant IN THE COURT OF C CUMBERLAND COUP CIVIL ACTION - LAW NO. Q3d IN DIVORCE S Skwis' FLOWER & LINDSAY 26 West High Street Carlisle, PA COMPLAINT IN DIVORCE UNDER MMON PLEAS Y, PENNSYLVANIA ?elA,. 1. The Plaintiff is Cheryl L. Sheaffer, an adult individual, residing at 500 Mulberry Drive, Mechanicsburg, Pennsylvania 17055, since 1984. 2. The Defendant is Thomas S. Sheaffer, an adult individual, residing at 487 Sample Bridge Road, Enola, Pennsylvania 17025, since September 2007. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on J ne 10, 1972 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce with §3301 of the Pennsylvania Divorce Code. in her favor in accordance SAIDIS, FLOWER & LINDSAY FLOWER ? LINDSAY 26 West High Street Carlisle, PA Carol': Lind y, s Attorney Id. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff lire VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to tho penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Cheryl L. I FLOWER & LENDS" 26 West High Street Carlisle, PA Date: ?- 7' 09 rv ? * ?W err. ?.. _ ' -c :13 Rs l . r. 03 Cl) CIO t J t ? ? ? C u C7 N ?? r r C) D .? o 110 < CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Cheryl L. Sheaffer, in the above-captioned matter. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Ei Supreme C urt ID 1 26 West Hidh-Str& Carlisle, PA 17013 717-243-6222 Dated: l 13 - 0 9 44693 PRAECIPE FOR ENTRY OF APPEARANCE FLOWER ? LINDSAY 26 West High Street Carlisle, PA TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Cheryl L. Sheaffer, in the above-captioned matter. uel L. Ande squire 525 Twelfth Street Lemoyne, PA 17043 '? t ? -?S ; ? ' ?? ?) ?" ??. ? -?y,. ?' '.C CHERYL L. SHEAFFER, Plaintiff vs. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Special Relief: 1. The Petitioner herein is the Plaintiff, Cheryl L. Sheaffer. The Respondent herein is the Defendant, Thomas S. Sheaffer. 2. The Defendant is represented in this matter by Jordan D. Cunningham, Esquire. 3. The parties were married on 10 June 1972 and separated in September of 2007. 4. During their marriage, the parties acquired an array of marital assets including, inter alia, several parcels of real estate improved with residences or commercial buildings, a corporation known as Towaway Express, Inc., and other business interests and entities. 5. Towaway Express, Inc. was the owner of a tract of land situate in Perry County, Pennsylvania, which was improved with an old mill and other buildings. COUNTI ESCROW OF REAL ESTATE SALE PROCEEDS 6. The averments set out in Paragraph 1 through 5 above are incorporated herein by reference. 7. In December of 2008, Towaway Express, Inc., with the cooperation of both Plaintiff and Defendant, sold the Perry County real estate. 8. Pursuant to an agreement between the parties, reached by their counsel at the time, the proceeds of the sale of the Perry County real estate were to be escrowed by their attorneys and held until the parties agreed upon a disposition of those funds. 9. In reliance upon the agreement reached by the parties, Plaintiff consented to and cooperated in the sale of the Perry County real estate. 10. The sale was concluded in December of 2008 and the net proceeds of the sale were approximately $348,343.29. Pursuant to the agreement reached by the parties, the proceeds were delivered to Defendant's attorney, Jordan D. Cunningham, Esquire, to be held in escrow. 11. Plaintiffs counsel subsequently confirmed with Mr. Cunningham that the proceeds of the sale would be held in escrow and discussed with Mr. Cunningham how the funds would be invested. 12. Mr. Cunningham requested that some of the funds he was holding in escrow be disbursed to make deposits against the estimated tax liability of the parties as a result of the sale. Plaintiffs counsel indicated he would probably agree to such a disbursement but i requested that Mr. Cunningham provide an estimate from the parties' accountant as to what the tax liability would be before Plaintiff would agree to such disbursement. 13. In January of 2009, Plaintiff learned, through her attorney, that Mr. Cunningham had disbursed a substantial portion of the funds from the sale of the Perry County real estate to husband or his corporation, Towaway Express, Inc. As a result of that disbursement, the funds are not being held in escrow as agreed by the parties. Mr. Cunningham did not disclose to Plaintiff or her counsel the amount that had been delivered to husband. 14. Plaintiff has subsequently learned, through her counsel, that Mr. Cunningham disbursed $70,000.00 for purposes of making estimated tax deposits, without the prior consent of Plaintiff or her attorney. 15. The proceeds of the Perry County real estate may well represent the majority of the cash in this case which will be available to fund any settlement reached by the parties. If the funds are not properly preserved, Plaintiff is likely to suffer serious and irreparable harm. WHEREFORE, Plaintiff prays this court to order and direct Defendant or his corporation, Towaway Express, Inc., and Defendant's attorney, Jordan D. Cunningham, Esquire, to immediately return all of the proceeds of the sale to the control of Mr. Cunningham and Plaintiffs counsel, to be held in the joint names of both of them in an interest-bearing escrow account and to be held in that fashion until disbursed by agreement of the parties or subsequent order of this court. COUNT II REQUEST FOR APPRAISAL FEES AND EXPENSES 16. The averments set forth in Paragraph 1 through 5 above are incorporated herein by reference. 17. The corporation Towaway Express, Inc., which is owned by Husband in his name alone, is marital property and very likely represents the most valuable asset owned by the parties. 18. The said corporation operates a trucking business in which it operates primarily as a broker of freight and trucking services. Corporation's gross revenue generally exceeds $3,000,000.00 a year. 19. The corporation generates substantial income, some of which is paid out as salary to Plaintiff and Defendant but much of that is either applied directly to pay various expenses of the parties or accumulated by the corporation as profit. 20. Plaintiff needs to have the corporation valued to determine its value for purposes of equitable distribution. 21. Plaintiff wishes to engage the accounting firm of Brown Schultz and specifically the valuation expert Bruce J. Brown, to value Towaway Express, Inc. Plaintiff believes that the fees for such a valuation will exceed $9,000.00. 22. The parties own other assets which need to be appraised or valued. Plaintiff believes that the cost of valuing those other assets may well exceed $1,000.00 or more. 23. Defendant controls the income and cash flow generated by Towaway Express, Inc. which represents the total income of the parties. Plaintiff believes, based upon information provided by Defendant or his attorney, that the corporation generated a profit in 2008, above and beyond the salaries and other benefits paid to or for the benefit of Plaintiff and Defendant, or approximately $100,000.00. 24. Plaintiff is currently without the funds necessary to engage Brown Schultz to value the corporation and without the funds necessary to engage real estate appraisers to appraise the other assets. WHEREFORE, Plaintiff prays this court to order and direct Defendant to advance to Plaintiff, for use to pay appraisal and valuation fees, the sum of $10,000.00 or, in the alternative, to direct the advancement of such funs from the escrow account requested in Count I hereof. COUNT III REQUEST FOR ACCESS TO CORPORATE AND OTHER FINANCIAL RECORDS 25. The averments set forth in Paragraphs 1 through 5 above incorporated herein by reference. 26. The accountant for Towaway Express, Inc. Dean Stitler of Stitler & Associates. That firm also serves as the personal accountant for Plaintiff and Defendant. 27. Mr. Stitler and his firm have information which Plaintiff and her representatives and advisors need to determine Defendant's actual income, the cash flow and income generated by Towaway Express, Inc., and to value that corporation. 28. On Husband's instructions, Mr. Stitler has refused to provide information to Plaintiff about Towaway Express, Inc. 29. Without the information in Mr. Stitler's possession, the corporation cannot be valued and Defendant's actual income cannot be properly calculated. WHEREFORE, Plaintiff prays this court to order and direct Defendant and his corporation, Towaway Express, Inc. to direct their accountants, Stitler & Associates, and its representatives, to provide to Plaintiff, her attorney, her accountant, and any other experts engaged by her in this matter, to provide such information as is reasonably required to determine the value of the corporation or the income actually generated by the corporation and, further, to direct the Defendant and the corporation to waive any privilege or confidentiality that would prohibit the release of this information to wife or her representatives. COUNT IV INJUNCTION FOR SALE OF MARITAL INTEREST 30. The averments set forth in Paragraphs 1 through 5 above incorporated herein by reference. 31. During the marriage, Defendant acquired an ownership interest in a business entity known as Medusa Metals which Plaintiff believes is a limited liability company. 32. Plaintiff has learned that Medusa Metals, LLC, is presently in the process of liquidating or selling its assets and distributing the proceeds of such liquidation. In fact, that process may have been completed and the assets may have been sold and the proceeds distributed to Defendant. 33. Although Defendant, through his attorney, has provided some information to Plaintiff about the existence and structure of Medusa Metals, they have refused to provide any information about the sale or pending sale of the entity or its assets or any information about the proceeds of the sale of any of those items. 34. Plaintiff is not aware of the potential sale or liquidation price of Medusa Metals but believes it could be substantial. 35. Medusa Metals is a marital asset and its liquidation represents an erosion of the parties' marital estate. WHEREFORE, Plaintiff prays this court to enjoin Defendant's liquidation of his interest in Medusa Metals or the proceeds of any sale or other disposition of its assets or, if the assets have been sold and proceeds have been distributed, to direct Defendant to produce all those proceeds to be deposited into the interest bearing escrow account to be opened pursuant to Count I hereof. 36. No Judge has entered prior orders in this case. 37. Plaintiffs counsel has discussed the relief requested in this Petition with counsel for the Defendant and has been advised that Defendant opposes the relief requested in this petition. WHEREFORE, Plaintiff prays this court to grant her the relief requested above Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Special Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: / CHE L L.SHE E CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 11A, Aq? qkd Date: 28 January 2009 my Harkins necretary for Samuel L. Andes 4a T7 CHERYL L. SHEAFFER, Plaintiff vs. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. A . ? f )N?-- uL. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. 1 understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). DATE: 3D D CHERYL L. S FER 1?71? ...rte b4 L J„N 2 J 2009G7 CHERYL L. SHEAFFER, Plaintiff vs. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this day of 2009, upon consideration of the Plaintiffs Petition for Special Relief a hearing is hereby scheduled before the undersigned in Court Room No. ! of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at /%3o o'clock Am. on AwA-4? the o? day of "till 2009. tt r ? Ibo (=vATIA'zA , h is wse,w?c)) eScVoL-) Is 4 BY THE COURT, Distribution: -Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12"' Street, P.O. Box 168, Lemoyne, PA 17043 Jordan D. Cunningham, Esquire (Attorney for Defendant) P.O. Box 60457, Harrisburg, Pa 17106-0457 2U ,'F_.S' i'Yl?; t CL al3?o? ?i-SN Q 1 •Z i d C-- 83.4 6fV Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone : 717-238-6570 Facsimile: 717-238-4809 Email: jcunningharnkcclawpc.com CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE DEFENDANT, THOMAS S. SHEAFFER'S, RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes your Defendant, Thomas S. Sheaffer, by and through his counsel, Cunningham & Chernicoff, P.C., who files this Response to Plaintiff's Petition for Special Relief: The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are partially admitted and partially denied. It is admitted that during the marriage, the parties acquired an array of martial assets. One of the entities which was created during the marriage was a Pennsylvania corporation known as Towaway Express, Inc. One of the assets Towaway Express, Inc. owned was a parcel of real estate in Perry County, Pennsylvania. One hundred percent (100%) of the stock of Towaway Express, Inc. is owned by Defendant Thomas S. Sheaffer. 5. The averments of Paragraph 5 are admitted. COUNT I - ESCROW OF REAL ESTATE SALES PROCEEDS 6. The averments of the Answer of Paragraphs 1 through 5 of the Response are incorporated herein by reference. 7. The averments of Paragraph 7 are partially admitted and partially denied. Throughout the Fall of 2008, Defendant Thomas S. Sheaffer continually represented to Cheryl L. Sheaffer and her then-counsel, Carol Lindsay, that he had an independent buyer of a certain parcel of property which Towaway Express, Inc. owned in Perry County, Pennsylvania. In November of 2008, an understanding was reached between Towaway Express, Inc. and the potential buyers of the Perry County Property and an Agreement of Sale was executed. Copies of the Agreement of Sale were forwarded to Plaintiff's then-counsel, Carol Lindsay, who was kept apprized of the status of the transaction. In early December, 2008, settlement was held and the net proceeds of the sale were placed in escrow with Defendant's counsel's law firm. It is denied that the funds were to be escrowed into the indefinite future as the parties knew that estimated federal and state income taxes would need to be paid on the capital gain realized from the sale of the Perry County Property as well as that the net proceeds from the sale of the property may be needed for legitimate business expenses of Towaway Express, Inc. 8. The averments of Paragraph 8 are partially admitted and partially denied. It is admitted the proceeds were to be held in trust with the understanding the funds would be invested in financial instruments that would remain Towaway Express, Inc.'s property. It is 2 denied the funds were to be held in trust until the parties agreed to a disposition of the funds. It was always understood the funds would be used to pay estimated taxes, all of which is set forth in Paragraph 7 above. 9. The averments of Paragraph 9 are partially admitted and partially denied. Defendant is without knowledge or information sufficient to form a belief as to the nature of Plaintiff's reliance upon any representations but it is agreed that Defendant's counsel, with full knowledge of Plaintiff's counsel, entered into the settlement and provided to Plaintiff's then- counsel a full and complete accounting of the disposition of the net proceeds of the sale. 10. The averments of Paragraph 10 are partially admitted and partially denied. It is admitted that in early December 2008, the net proceeds of the sale of the Perry County Property of $348,343.29 were placed into the escrow account of Cunningham & Chernicoff, P.C. As concerns the averment that the funds were to remain stagnant within the escrow account of Cunningham & Chernicoff, P.C., such averment is denied. At all times, Defendant's counsel made it well known to Plaintiff's counsel that Defendant, Thomas S. Sheaffer, was interested in investing the monies into financial instruments that would pay a higher rate of interest than a mere clients trust checking account and that such accounts were being actively sought by Defendant. 11. The averments of Paragraph 11 are partially admitted and partially denied. It is Defendant's counsel who forwarded to Plaintiff's then-counsel a copy of the net check deposited into Defendant's counsel's escrow account. Between the date of that occurrence and approximately December 15, 2008, Plaintiff changed counsel and engaged Samuel L. Andes as her counsel of record. It is admitted that Defendant's counsel represented to Mr. Andes that the 3 net proceeds of the sale had been placed into the Cunningham & Chernicoff, P.C. client trust account. On December 17, 2008, at a conference with Plaintiff s new counsel, Defendant's counsel expressed Defendant's intent to invest the monies from the sale of the Perry County Property into an investment vehicle that would pay more than the usual one-quarter to one-half percent earned in attorneys' clients trust accounts and that Defendant considered the funds as those of Towaway Express, Inc. which had to be accounted for by Towaway Express, Inc. in its 2008 tax return and from which the estimated taxes would be needed to be paid on or before January 15, 2009. Moreover, the funds being those of Towaway Express, Inc. represented corporate funds which, in the event they were needed, would be used for corporate expenses. Towaway Express, Inc. is an active corporation which has employees and conducts business on a daily business. 12. The averments of Paragraph 12 are partially admitted and partially denied. It is admitted that Plaintiff's counsel indicated that he would desire a letter from Plaintiff and Defendant's accountant as to the amounts that would be required to be paid for estimated 2008 taxes and that Defendant's counsel secure a letter from the parties' accountant as to the amounts which would be required. At no time was it ever agrees that Plaintiffs counsel would have any power or right to control the amount of money that would be paid for estimated taxes as that amount was to be calculated by the parties' accountant. 13. The averments of Paragraph 13 are denied. In January of 2009, Defendant, Thomas S. Sheaffer, in his corporate capacity, demanded the release of $250,000.00 to be placed in a Centric Bank Certificate of Deposit, which Certificate would pay 3.45%. Upon the client's directive, a check was issued to Towaway Express, Inc. from Cunningham & Chernicoff, P.C.'s 4 client trust account which check was deposited into Centric Bank in a Certificate of Deposit. All of this information was forwarded to Plaintiff's counsel prior to the drafting of the Motion for Special Relief. 14. The averments of Paragraph 14 are denied. On January 15, 2009, late in the afternoon, Defendant's counsel received notice from the parties' accountant that various amounts of monies would be required to be paid for estimated taxes. The letter from the parties' accountant indicating the total amount due and owing also had attached to it estimated tax vouchers for each of the taxing authorities in which equal deposits were being made for the Plaintiff and Defendant. Due to the lack of time in order to notify Plaintiff's counsel's of the intent to pay the estimated tax payment for their respective clients, Defendant's counsel made the distribution as had been agreed upon. It was Defendant's counsel's understanding that the parties' accountant had sent a letter to Plaintiff's counsel outlining the distribution needed. Defendant's counsel forwarded a copy of the payments and the parties' accountant's correspondence to Plaintiff's counsel on January 16, 2009. 15. The averments of Paragraph 15 represent a conclusion of law to which a response is not required. By way of further pleading, none of the monies from the sale of the Perry County Property have been distributed in a manner which would prejudice either party. In fact, by depositing the funds in a Certificate of Deposit at the rate of 3.45%, the monies needed for the alleged settlement are earning more than they would be simply left in a clients' trust interest bearing escrow account. WHEREFORE, Defendant prays this Honorable Court to deny the relief requested by Plaintiff's counsel for the reasons set forth above. COUNT II - REQUEST FOR APPRAISAL FEES AND EXPENSES 16. The averments set forth in the Answers to Paragraphs 1 through 15 of the Response to Plaintiff's Petition are incorporated herein by reference. 17. The averments of Paragraph 17 represent a conclusion of fact or law to which a response is not required. By way of further pleading, the cash-flow generated by Towaway Express, Inc. is the source from which both Plaintiff and Defendant are paid wages together with payments for the mortgage on the home which is occupied by Plaintiff. 18. The averments of Paragraph 18 are admitted. 19. The averments of Paragraph 19 are admitted. 20. The averments of Paragraph 20 are admitted. 21. The averments of Paragraph 21 are partially admitted and partially denied. It is admitted that Defendant is aware that Plaintiff desires to have Bruce J. Brown value Towaway Express, Inc. As to the cost of that evaluation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. By way of further pleading, Defendant's counsel has always indicated to Plaintiff's counsel that costs for the appraisal of Towaway Express, Inc. and the obtaining of other real estate appraisals would be paid from the monies placed in the trust fund even to the extent that if Defendant desired to obtain an appraisal of Towaway Express, Inc. after Defendant receives a copy of Bruce J. Brown's report that he too would be able to finance a separate valuation of Towaway through the trusted funds as well as any additional real estate appraisals which he may desire to have performed. 22. The averments of Paragraph 22 are admitted. 23. The averments of Paragraph 23 are admitted. 6 24. The averments of Paragraph 24 represent a conclusion of fact to which a response is not required. By way of further pleading, Defendant never refused to pay expert's fees for experts retained by Plaintiff as long as, upon review and consideration of the expert's report if Defendant believed that he needed to obtain his own report that he could do so and funding for the same would be paid from the monies being held in trust. WHEREFORE, Defendant prays this Honorable Court to direct the Defendant to advance to Brown Schultz the sum of $9,000.00 on account and the amount of $1,000.00 to Plaintiff's counsel for the obtaining of other real estate appraisals. COUNT III - REQUEST FOR ACCESS TO CORPORATE AND OTHER FINANCIAL RECORDS 25. The averments of Paragraph 1 through 24 to the Response to Plaintiff's Petition are incorporated herein as if fully set forth herein. 26. The averments of Paragraph 26 are admitted. 27. The averments of Paragraph 27 are admitted. 28. The averments of Paragraph 28 are denied. To the contrary, neither Defendant nor Defendant's counsel has ever received a formal request for financial information regarding Towaway Express, Inc. By way of further pleading, Defendant and his counsel, prior to Plaintiff's new counsel having entered the case in mid-December 2008 had been working with Plaintiff's prior counsel to resolve the issue of equitable distribution in a manner somewhat different than mere evaluations of corporate assets. Once Plaintiff's new counsel become involved, no formal requests for financial information had ever been received. 7 29. The averments of Paragraph 29 are denied. Defendant understands Plaintiff's need for information in the corporation's accountant's possession, however, Defendant has never hidden his actual income from Plaintiff and such an allegation alleging Plaintiff did not know the extent of Defendant's income is denied. WHEREFORE, Defendant does not object to Towaway Express, Inc.'s accountant, Stitiler & Associates, CPA, providing to Plaintiff's counsel and Brown Schultz & Sheridan information as Brown Schultz indicates that it needs in order to prepare an evaluation of the value of the corporation. COUNT IV - INJUNCTION FOR SALE OF MARITAL INTEREST 30. The averments of the Answers set forth in Paragraphs 1 through 29 of the Response to Plaintiff's Petition are incorporated by reference as if more fully set forth herein. 31. The averments of Paragraph 31 are admitted. By way of further pleading, on January 16, 2009, Defendant's counsel, pursuant to a request made by Plaintiff's counsel, forwarded to Plaintiff's counsel the Certificate of Organization, the Operating Agreement, and the Amendment to the Operating Agreement. 32. The averments of Paragraph 32 are partially admitted and partially denied. It is admitted that Medusa Metals, LLC has been seeking a buyer of its assets for at least a year. Plaintiff during the last yer has been demanding Defendant to liquidate his interest in Medusa Metals, LLC. It was the understanding of Plaintiff and Defendant that upon the liquidation of the assets of Medusa Metals, LLC the line of credit owed to Centric Bank would be paid with the proceeds of the sale of Medusa Metals, LLC. There has never been a secret existing between Plaintiff and Defendant that Defendant was seeking the sale of the assets of Medusa Metals LLC. 8 During the period of December 26, 2008 and January 7, 2009, Defendant, after months of attempting to obtain a buyer for the Medusa Metals, LLC assets, finally reached an understanding as to a sales price and closed on the sale of the assets of Medusa Metals, LLC. The sale of the assets netted approximately $57,000.00 from which Defendant paid $55,000.00 on a joint line of credit to Centric Bank. 33. The averments of Paragraph 33 are partially admitted and partially denied. It is admitted that Defendant, through his attorney, on January 16, 2009 provided to Plaintiff's counsel the Operating Agreement, Article of Incorporation, and other various items of information concern the structure of Medusa Metals, LLC. Upon Defendant's counsel's inquiry regarding the sale of Medusa Metals, LLC in mid-January of 2009, Defendant's counsel left a message for Defendant to contact him with regard to Medusa Metals, LLC. Defendant contacted his counsel and advised him that pursuant to the demands of Plaintiff, he had found a purchaser for Medusa Metals, LLC and he and the other members of the corporation had reached an agreement regarding the sale of the assets. Defendant further advised his counsel about his payment of the joint line of credit as Plaintiff and Defendant previously agreed upon. Defendant further provided a Settlement Sheet reflecting the transaction with regard to the purchase of Medusa Metals, LLC by Iron Triangle, LLC together with a check distributing Defendant's share of the sale together with additional costs which he had paid. Defendant received a total amount of $57,306.58 from the sale. On or about January 14, 2009, in accordance with the parties' understanding, Defendant paid $55,000.00 against the parties' line of credit with Centric Bank. 9 34. The averments of Paragraph 34 are denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that Plaintiff was not aware of the potential sale or liquidation of Medusa Metals, LLC and strict proof thereof, if necessary, is demanded at the time of trial. 35. The averments of Paragraph 25 are partially admitted and partially denied. It is admitted that the assets of Medusa Metals LLC are marital. It is denied that the use of the proceeds from the sale of the assets of Medusa Metals LLC to pay on the joint line of credit owed to Centric Bank represents a waste or erosion of marital assets. 36. The averments of Paragraph 36 are admitted. 37. The averments of Paragraph 37 are partially admitted and partially denied. Plaintiff's counsel discussed the concept of Plaintiff's control of Towaway Express, Inc.'s assets when such assets were always understood to be potentially needed in order to capitalize the ongoing operations of Towaway Express, Inc., if necessary; there was never a request for financial information which was refused; it was always understood that monies in trust would be used to pay for experts fees if necessary; and, as concerns Medusa Metals, LLC, there was never a request that the sale be enjoined. WHEREFORE, Defendant prays this Honorable Court to deny the Defendant's Petition, to recognize that Defendant's payment of joint marital debt from the proceeds of the sale of Medusa Metals, LLC as in accordance with the parties' understanding reached well before Plaintiff's present counsel's entry into the case. 10 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: 4 i< By: J9t'dan ll. (Olmngham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 F:\Home\AHEWITT\DOCS\Q-S\SHEAFTOM\DIVORCE\RESPONSE TO PETITION FOR SPEC RELIEF 021109.wpd 11 CERTIFICATE OF SERVICE I do hereby state that on the 1" day of February 2009,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 nj i - el e tt Legal Assistant CD ?. L] i '?71 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunning?hamAcclawpc.com CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE DEFENDANT, THOMAS S. SHEAFFER'S, MOTION FOR CONTINUANCE AND NOW, comes your Defendant, Thomas S. Sheaffer, by and through his counsel, Cunningham & Chernicoff, P.C., who files this Motion for Continuance and, in support there of, avers as follows: 1. Plaintiff filed a Petition for Economic Relief on or about February 2, 2009. 2. This Honorable Court scheduled a hearing on Plaintiff's Petition for Economic Relief to be heard on March 26, 2009, beginning at 1:30 p.m. 3. Defendant's counsel will be out of the country during the period of March 13 through 30, 2009 and thus will be unavailable to attend the hearing now scheduled before the Honorable Judge J. Wesley Olyer, Jr. on March 26, 2009. 4. Defendant's counsel, Jordan D. Cunningham, Esquire, request this Honorable Court to continue the scheduled hearing in this matter to a date after March 30, 2009. 5. Defendant's counsel has contacted Plaintiff's counsel, Samuel L. Andes, Esquire, i regarding the request contained in this Motion. Attorney Andes has concurred with the request for continuance. WHEREFORE, your Defendant/Petitioner respectfully requests this Honorable Court to enter an Order continuing the above captioned hearing to a date after March 30, 2009. Respectfully submitted, & CHY.RNICOFF, P.C. Date: Z Ei By: an D unningham, Esquire A Su me Court LD. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 F:\Home\AHEWITT\DOCS\Q-S\SHEAFTOM\DIVORCE\Request for continuance 031309.wpd 2 CERTIFICATE OF SERVICE I do hereby state that on the il) day of March 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12`n Street P.O. Box 168 Lemoyne, PA 17043 An a L. ewitt Legal Assistant r-? tea i _. } r-o _ 3 N CHERYL L. SHEAFFER, Plaintiff V. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16'' day of March, 2009, upon request of Jordan D. Cunningham, Esq., attorney for Defendant, and with the agreement of Samuel L. Andes, Esq., attorney for Plaintiff, the hearing previously scheduled for March 26, 2009, is rescheduled to Thursday, May 7, 2009, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Z Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff ? Jordan D. Cunningham, Esq. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendant :rc Lcz CeNp BY THE COURT, y CHERYL L. SHEAFFER, Plaintiff VS. THOMAS S. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2930 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this { day of 64 2!1 , 2009, upon the agreement of the parties as expressed to the court by their counsel, we hereby order and decree as follows: 1. Defendant's attorney shall, within fifteen (15) days of the date of this order, release from the escrow account he is holding on behalf of Towaway Express, Inc. the sum of Ten Thousand ($10,000.00) Dollars and deliver that to Plaintiff's attorney. Those funds are to be used to pay the cost of appraising and valuing the parties' interest in Towaway Express, Inc., Trailer Transport, Inc., Ironhorse Holding Company, LLC., and any other business entities in which the parties own an interest and appraising real estate owned by the parties or either of them. The funds so advanced are not intended to necessarily pay the full costs of such appraisals, but are an advance against those costs. 2. In the event that Defendant seeks to have the marital assets valued or appraised, he shall have the right to have advanced to him the sum of Eight Thousand ($8,000.00) Dollars from the same escrow account, for such purposes. The difference between the amounts advanced to each of the parties is because Plaintiff has already invested $2,000.00 of her money to value Towaway Express, Inc. After the disbursements made above, there shall be no further disbursements from the funds generated by the sale of the Perry County real estate by Towaway Express, Inc. by either of the parties or by Defendant's counsel, without further order of this court or without the advance written consent of both parties. The Certificate of Deposit issued to Towaway Express, Inc. and any funds remaining in the possession of Towaway Express, Inc. or of Jordan D. Cunningham and his law firm which represent the proceeds of the sale of the Perry County real estate are all subject to this paragraph of this Order. 4. Neither party shall sell, encumber, alienate, or otherwise dispose of any marital asset of the parties without the prior written consent of both parties or further order of this court. The only exception to this provision is that Defendant may sell, for their reasonable and fair market value, motor vehicles currently titled in his name on the condition that he will either (1) apply the net proceeds to the joint line of credit loan owed by the parties to Centric Bank, or (2) deposit the proceeds into the escrow funds being held by his attorney pursuant to Paragraph 3 of this order. In either event, Husband shall promptly provide the details of the sale and disposition of the proceeds, together with supporting documents, to Plaintiff or her attorney. 5. To facilitate the valuation of the business interests owned by Defendant, he shall, within fifteen (15) days of the date of this Order, authorize and direct the accountant or accountants for those business entities to provide to accounting firm of Brown Schultz Sheridan & Fritz such documents and other information as that firm requests for purposes of its valuation report. Further, Defendant shall authorize the company's accountants to meet with and provide such additional information to Brown Schultz Sheridan & Fritz as may be reasonably required for that firm to complete its valuation and appraisal of the business assets. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) / 525 North 12'' Street, P.O. Box 168, Lemoyne, PA 17043 Jordan D. Cunningham, Esquire (Attorney for Defendant) P.O. Box 60457, Harrisburg, Pa 17106-0457 Cor 1;es ena t LL "o 10, 8 c .Z W8 61 jV r4 an CHERYL L. SHEAFFER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW THOMAS S. SHEAFFER, ) NO. 08-2930 CIVIL TERM Defendant ) IN DIVORCE STIPULATION AND NOW, this day of 2009, come the above-named parties, by their attorneys who represent to the court that they are authorized to enter into this Stipulation on behalf of their clients, and stipulate and agree that the attached order shall be entered by the court to resolve the matters scheduled for a hearing before the court on Thursday, 7 May 2009. Samuel L. Andes Attorney fooPlaintiff9 erdan D unningham Attorne for Defendant Lv COUNTY MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 2 t 0 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant CHERYL L. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS S. SHEAFFER, Defendant DOCKET NO. 08-2930 CIVIL ACTION -LAW IN DIVORCE INVENTORY OF THOMAS SHEAFFER Defendant files the following Inventory of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: March 6, 2012 By: MARIA P. QOGNf:T' I, ESQUIRE Attorney I.D. No. -1,79_14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. ® 1. Real property ® 2. Motor vehicles ® 3. Stocks, bonds, securities and options ® 4. Certificates of deposit ® 5. Checking accounts, cash ® 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ® 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties ? 14. Personal property outside the home ® 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, worker's compensation claim/award ? 17. Profit sharing plans ? 18. Pension plans (indicate employee contribution and date plan vests) ® 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatured) ? 22. MilitaryNA benefits ? 23. Education benefits ® 24. Debts due, including loans, mortgages held ® 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ? 26. Other 2 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of A11 Owners 1 18 Brenneman Circle Husband and Wife 2 500 Mulberry Drive Husband and Wife 3 1 acre lot in West Fairview Husband 4 1 acre lot in Sample Bridge Iron Horse 5 487 Sample Bridge Road Husband and Wife 6 Bentley 1951 Husband 7 Buick Convertible 1950 Husband 8 Corvette 1963 Husband 9 Chevy Blazer 1998 - SOLD Husband 10 Harley Davidson 2003 Husband 11 Hummer 2003 Towaway Express 12 Jaguar 1972 Husband 13 Lotus Europa 1970 Husband 14 Mercedes Benz 1974 Husband 15 Pantera 1974 Husband 16 Sunbeam 1967 Husband 17 Sunbeam Tiger1974 Husband 18 Rolls Royce Corniche 1978 Husband 19 1998 Land Rover Discovery (traded on 07 Toyota Rav4 on 10/13/10) Wife 20 Chevy Caprice 1972 - H believes W may be sold for parts Husband 21 Members I" Account No. 112212 Husband and Wife 22 Centric Bank #1100718 Husband 3 23 Exelon Stock (in Dividend Reinvestment Account) Husband and Wife 24 Ohio National Policy #6673661 - TERM Husband 25 Ohio National Policy #6673662 - TERM Wife 26 Towaway Express Husband 27 Iron Horse, LLC Husband 28 Medusa Metals LLC Husband 29 Trailer Transport Husband 30 Merrill Lynch IRA #71134 Husband 31 Fidelity IRA #9695 Wife 32 Fidelity Keogh 44640 Wife 33 Wells Fargo IRA #8444 Wife 34 Miscellaneous Household Goods and Furnishings Husband and Wife 35 Calaman Judgment Husband and Wife NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Property Reason for Exclusion Number I Centric Bank #2530830 Opened Post Separation 2 Merrill Lynch CMA #1116 Opened Post Separation 3 Corvette 2001 Purchased Post Separation PROPERTY TRANSFERRED Item Number Description of Property Date of Transfer Person to Whom Transferred Consideration 5 487 Sample Bridge Road 10/8/10 Parties' daughter, Rachel Salla Gift 9 1998 Chevy Blazer 1/2009 $4,000 28 Medusa Metal LLC 1/9/09 Iron Triangle LLC' $57,307 LIABILITIES Description of Property I Names of All Creditors Names of All Debtors Centric Bank LOC #6189666 I Centric Bank Husband and Wife Centric Bank LOC 46155006 Centric Bank Husband and Wife Susquehanna Bank LOC #901011271 1 Susquehanna Bank I Husband and Wife VERIFICATION I, THOMAS S. SHEAFFER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE: THQMAS S. SHEAFFER CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Inventory at the address indicated below: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: March 6, 2012 By: MARIA P. COGWTI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CHERYL L . SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA V. DOCKET NO. 08-2930 THOMAS S. SHEAFFER, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER r . Defendant moves the court to appoint a Master with respect to the following claims n ® Divorce Distribution U , C? - ? Annulment ?j Counsel Fee s N Alimony ® Costs and Expenses D F E ® Alimony Pendente Lite ? Support mac) cD and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a mas ter is-- requested. (2) The Plaintiff has appeared in the action by her attorney, Samuel Andes, Esquire. (3) The statutory ground(s) for divorce is: 3301(d). Delete the inapplicable paragraph(s): ( !'h ti i t d a) e ae on s no eefiteste . (b) An AgFeement has roftel?ed?vi I?-respec` e xl?e #ellervi elaim : (c) The action is contested with respect to the Following claims: ALL CLAI MS (5) The action involves complex issues of law or fact. (6) The hearing is expected to take one day. (%) Additional information, if any, relevant to the motion: C = rat ? : .. rrt A. ---- --------- ------ e f% x , - Date: 3) L I y S > , -T1 _ __ c a Maria P. ogne , quire Attorney for De nt 9..d1 ORDER APPOINTING DIVORCE MASTER AND NOW, n dhe_A, 9 , 2012, e. YEJ44t &i? ff- , Es quire is appointed as Divorce Master with respect to the following claims: By the Court, ?/ WI c? i Cc r1cs J. ,. 2612 LIAR 28 Poi 8 IU BERLAND COUNTY PENNSYLVANIA CI-IERYI.- L. SHEAFFER, IN THE C'OUR'T OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENN SYLVAN JA Tii0IMAS S. Sl IEAFFER, CIVIL ACTION -- LAVA' Defendant IN DIVORCE PRAECIPE 1-01 Tl-IE PROTHONOT.-NRY: p '.?' ?':l!12Ct:":i11' t?1C rF)11? i:?t1C.L of Jordan D. C.unil i ,211am. ::?, 1?l:rte, on behalf of S. Sheaffer, Defendant Jr. the above-captioned action, and enier Jhc appearance of N1,iri , 1'. Cognetti, Esquire. Respectfully S-zbmitted, CUNNINGHAiVI & HERN ICOFF 001. rdail Cunningham, Esquire Attornev ID No. 23144 MARIA P. COGNETTI & ASSOCIA" 1 V14 Maria P. CogAttorney 1 D 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 DA"TF: J/",/, .7-- 210 Grandview Avenue, Suite 102 Cramp Hill, PA 17011 Telephone: (717) 909-4060 F)A'I-E: 3// 1- .?(- - - - CERTIFICATE OF SERVICE 1, Maria P. Cognetti, Esquire, hereby certify that on March 28, 2012, I served a true and correct copy of the foregoing Praecipe at the address indicated below: Samuel L. Andes, Esquire 525 North 12th Street P.O. BOX 168 Lemoyne, PA 17043 Jordan D. Cunningham, Esquire Cunningham & Chernicoff 2320 North Second Street Harrisburg, PA 17110 Service by' Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date By: MARIA P/ COGN TTI, ESQUIRE Attorney I.D. N&_27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant