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HomeMy WebLinkAbout09-1751""i -^'% Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM F. WASHINGER, JR. and PATRICIA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - r75'j CIVIL TERM PRAECIPE FOR WRIT OF SUMMONS CW4 TO THE PROTHONOTARY OF K'r1 COUNTY: Please issue a Writ of Summons upon: DOUGLAS R. WASHINGER, 142 East King Street, Shippensburg, Cumberland County, Pennsylvania and deliver to the Sheriff for service. Date: or MARTSON LAW OFFICES BY•0"e7?'-!; /C. Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs C-) C7- t., ra fi ? FT? 2 "CJ 10 t ' v i,Y) Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Vs. Douglas R. Washinger Defendant No 09-1751 In CivilAction-Law To Douglas R. Washinger, You are hereby notified that William F. Washinger, Jr., and Patricia A. Washinger the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may br tered against you. (SEAL) Cartis R. Loag'Prothongtary William F. Washinger, Jr. and Patricia A. Washinger, Plaintiff Court of Common Pleas Date 03120/2009 By Attorney: Christopher E. Rice, Esq. Name: Address: 10 East High Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Deputy Sheriffs Office of Cumberland County R Thomas Kline o qtr of crt4brr Edward L Schorpp Sheri Solicitor O. ? = l•5i ? T4 Ronny R Anderson Jody S Smith Chief Deputy OFFICE 0; -4--Mrr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/25/2009 03:34 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on March 25, 2009 at 1534 hours this Writ of Summons upon defendant Douglas R. Washinger Jr. is returned not served per request from attorney Seth B. Mosebey. SHERIFF COST: $46.42 SO ANSWERS, March 25, 2009 R THOMAS KLINE, SHERIFF 2009-1751 WILLIAM F. WASHINGER JR. VS DOUGLAS R. WASHINGER of AWMTMY vR"i Moil Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas William F. Washinger, Jr. and Patricia A. Washinger, Plaintiff Vs. No 09-1751 Douglas R. Washinger In CivilAction-Law Defendant To Douglas R Washinger, You are hereby notified that William F. Washinger, Jr., and Patricia A. Washinger the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may Jae entered against you. (SEAL) Mrtis R ro Vnotary Date 03/20/2049 By Deputy Attorney: Christopher E. Rice, Esq. Name: Address: 10 East High Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 J . F.\FILES\C1ia"\12995 Washings\12995.I.gpo1.Wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM F. WASHINGER, JR. and PATRICIA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 17S I CIVIL TERM PLAINTIFF'S FIRST PRE-COMPLAINT REQUEST FOR PRODUCTION OF DOCUMENTS TO: Douglas R. Washinger AND NOW, this 4day of March, 2009, pursuant to Pa. R.C.P. 4009, as amended, come the Plaintiffs, by their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, Ten East High Street, Carlisle, Pennsylvania, and requests Defendant to produce for inspection, examination and copying, at the above office, not later than thirty (30) days after service of this Request the following documents: 1. Copies of all leases relating to the property located at 140-142 East King Street, Shippensburg, Pennsylvania, from July 1, 1988, through the present date. 2. Copies of all leases relating to the property located at 215 East King Street, Shippensburg, Pennsylvania, during the time you have had joint ownership in the property. 3. Copies of any agreements entered into with Plaintiffs relating to the payment of rents and expenses for the property located at 140-142 East King Street, Shippensburg, Pennsylvania. 4. Copies of any agreements entered into with Plaintiffs relating to the payment of rents and expenses for the property located at 215 East King Street, Shippensburg, Pennsylvania. 4 . 5. Copies of documentation, including receipts, relating to expenses you paid and rents you received relating to the property located at 140-142 East King Street, Shippensburg, Pennsylvania. 6. Copies of documentation, including receipts, relating to expenses you paid and rents you received relating to the property located at 215 East King Street, Shippensburg, Pennsylvania. MARTSON LAW OFFICES gy. '-. Ir Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs F:IFILES\Clientsll2995 WashingerM995.1.intimpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM F. WASHINGER, JR. and PATRICIA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - CIVIL TERM PLAINTIFF'S FIRST SET OF PRE-COMPLAINT INTERROGATORIES PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are' required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS "Document" means any written, printed, typed, or other graphic matter of anykind or nature, however produced or reproduced, including computer data, photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, computer discs, data cells, drums, diaries, logs, manuals, regulations, rules, forms and other data compilations from which information can be obtained. "Identify or "Identity" means when used in reference to - a. A natural person, his or her: L full name; and ii. present or last known residence and employment address (including street name and number; city or town, and state or country); b. A document: i. its description (e.g., letter, memorandum, report, etc.), title, and date; ii. its subject matter; iii, its author's identity; iv. its addressee's identity; V. its present location; and vi. its custodian's identity; C. An oral communication: i. its date; ii. the place where it occurred; iii. its substance; iv. the identity of the person who made the communication; V. the identity of each person to whom such communication was made; d. A corporate entity: i. its full corporate name; ii. its date and place of incorporation, if known; and iii. its present address and telephone number; e. Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. agency. "Person" means a' natural person, partnership, association, corporation, or government "Concern", "concerned", or "concerning" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. "You", "your" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. As used herein, the term "Statement" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. STANDARD INSTRUCTIONS (1) Duty to answer. The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. MARTSON LAW OFFICES By: Date: 5#0 0 7 e'('4 5- K-- Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for William F. Washinger, Jr. and Patricia A. Washinger Interrogatory No.1 Identify all agreements pertaining to rent and expenses entered into between Douglas Washinger and his parents, William and Patricia Washinger, relating to the property located at 140- 142 East King Street, Shippensburg, Pennsylvania. Answer: Interrogatory No. 2 Identify each individual or entity that rented or leased the premises located at 140-142 East King Street, Shippensburg, Pennsylvania, from July 1, 1988, through the present date. Your answer should include the following: a. The length of time each individual or entity rented the premises at 140-142 East King Street, Shippensburg, Pennsylvania; b. The amount of rent paid by each individual during the time they rented or leased the premises at 140-142 East King Street, Shippensburg, Pennsylvania; and C. To whom rent payments were made from July 1, 1988, through the present date. Answer: Interrogatory No. 3 Identify each individual who paid expenses for the property located at 140-142 East King Street, Shippensburg, Pennsylvania, from July 1, 1988, through the present date. The expenses for the property located at 140-142 East King Street include, but are not limited to, county taxes, school taxes, insurance, and maintenance. Your answer should identify the amount each individual paid for each category of expenses. Answer: Interrogatory No. 4 Identify each individual or entity that rented or leased the premises located at 215 East King Street, Shippensburg, Pennsylvania, throughout the entire time frame that you were a joint owner of the property located at 215 East King Street. Your answer should include the following: a. The length of time each individual or entity rented or leased the premises located at 215 East King Street, Shippensburg, Pennsylvania; b. The amount of rent paid by each individual during the time they rented or leased the premises located at 215 East King Street, Shippensburg, Pennsylvania; and C. To whom rent payments were made throughout your time as a joint owner of the property located at 215 East King Street. Answer: Interrogatory No. 5 Identify each individual who paid expenses for the property located at 215 East King Street, Shippensburg, Pennsylvania, throughout the time you have been a j oint owner of the property located at 215 East King Street. The expenses for the property located at 215 East King Street include, but are not limited to, county taxes, school taxes, insurance, and maintenance. Your answer should identify the amount each individual paid for each category of expenses. Answer: Interrogatory No. 6 Identify all agreements pertaining to rent and expenses entered into between Douglas Washinger and his parents, William and Patricia Washinger, relating to the property located at 215 East King Street, Shippensburg, Pennsylvania. Answer: St, :E u 0 ? Bw ®Lul l Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM F. WASHINGER, JR. and PATRICIA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 1751 CIVIL TERM PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reissue the Writ of Summons upon: DOUGLAS R. WASHINGER, 142 East King Street, Shippensburg, Cumberland County, Pennsylvania and deliver to the Sheriff for service. MARTSON LAW OFFICES By: 0,4 -/, r. /*(--- Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: //D 9 Attorneys for Plaintiffs Tk ICIT' Y iL. 2 13 9 ? i A Gu, rS .. ,TY xt is 0 #% Ila( o960 P?* ?aIV7d Sheriffs Office of Cumberland County R Thomas Kline IV of clurib", Edward L Schorpp Sheriff 0 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE '?F'"E SPERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 08:28 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 29, 2009 at 2028 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Douglas R. Washinger, by making known unto Jeffery Butt, adult in charge at 142 East King Street Apt. A Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SO ANSWERS, SHERIFF COST: $46.00 June 01, 2009 2009-1751 William Washinger V Douglas Washinger R THO AS I E SHERIFF 1 De erif 77 rs hf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William F. Washinger, Jr. and Patricia A. Washinger Plaintiffs vs. Douglas R. Washinger Defendant TO THE PROTHONOTARY: No. No. 09-1751 Civil Term PRAECIPE Please enter my appearance in the above captioned matter for the Defendant, Douglas R. Washinger. Respectfully, Date: ~ la' ~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Attorney ID No. 25502 (717) 532-3270 7 alt=.l.. "'...: r...i..: ~':.. !~i GuP ~- a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William F. Washinger, Jr Patricia A. Washinger Plaintiffs vs. Douglas R. Washinger Defendant No. 09-1751 Civil Term NOTICE TO PLEAD To: William F. Washinger, Jr. and Patricia A. Washinger C/O Christopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer with New Matter to the Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: ~ ~a d H. Anthony Adams, Esquire Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William F~. Washinger, Jr. and : No. 09-1751 Civil Term Patricia A. Washinger Plaintiffs vs. Douglas R. Washinger Defendant Judge ANSWER Now comes the Defendant, Douglas R. Washinger and makes the following answer to the Complaint of William F. Washinger, ]r. and Patricia A. Washinger. 1. Admitted 2. Admitted 3. Admitted. The property location is actually numbered 138-140-142 East King Street, Shippensburg, PA 17257. 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted COUNT 1 9. The answers to Paragraphs 1 through 8 of the Complaint are incorporated herein by reference as fully as if set forth at length. 10. Denied, Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred. 11. Admitted 12. Admitted COUNT II 13. The answers to paragraphs 1 through 12 of the Complaint are incorporated herein by reference as fully as if set forth at length. 14. Admitted 15. Admitted 16. Denied, the real property taxes imposed by the various taxing authorities were paid from the rents collected or by the Defendant. 17. Denied, all real property taxes imposed were either paid by Defendant or from the rents received by him. It is admitted that Defendant resides in an apartment at the 140-142 East King Street property. 18. Admitted 19. Denied, no agreement existed that required reimbursement to Plaintiffs. By way of further answer the PlaintifFs until and including 2007 received the benefit of the loss of the rental of the building. The property at 140-142 East King Street has never made a profit from rent. COUNT III 20. The Answers to Paragraphs 1 through 19 of the Complaint are incorporated herein by reference as fully as if they had been set forth at length. 21. Admitted 22. Admitted 23. Admitted 24. Admitted 25. Denied, all taxes imposed by any taxing authority were paid from rents collected or were paid by the Defendant. 26. Admitted 27. Admitted 28. Denied, the rents collected were not retained by Defendant but used to pay taxes, utilities, maintenance and mortgage payments. Defendant further answers that until the year 2007 the Plaintiffs have received the sole benefit of the loss from the rental of the properties for tax purposes. 29. Denied, the rental income has been used to make payment on mortgages, to maintain the property and to pay taxes and utilities. To Defendant's knowledge the property has never made a profit and all the loss has been used by the Plaintiffs to reduce their federal income tax. Defendant has not received a "benefit." 30. Defendant has not received a benefit as set forth in the Answer to Paragraph 29 which is incorporated herein by reference. Defendant further answers that he performed 95% of all property management making the retention of any benefit not unjust. NEW MATTER 31. To the extent that the claimed requirement of payment and or reimbursement at Count II and Count III are based upon a contractual obligation, the present action is barred by the statute of limitations. 32. To the extent that Count II and Count III are based upon the theory of unjust enrichment the present action is barred by the statute of limitation. 33. On February 20, 2009 the Plaintiffs and Defendant conveyed the property to a third party and agreed to an amicable division of the proceeds and payment of taxes. 34. The sale, division and acceptance of proceeds while the matter was in dispute acted as a new promise which satisfied the previous contact, if any, concerning the properly at 215 East King Street, Shippensburg, Pennsylvania. WHEREFORE, Defendant Douglas R. Washinger prays your Honorable Court dismiss the complaint for declaratory judgment. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -----~-. Date: ~~~ D las R. ashinger FiL~'~- i :r. ~ _.. ;.f1: Ui: _ . t I ~. F:\FILESCCIienu\12995 Washinger\12995.1.ans.nm Revised: 8/13/09 3:53PM Christopher E. Rice, Esquire Attorney I.D. No. 90916 Jacob M. Theis, Esquire Attorney I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs WILLIAM F. WASHINGER, JR. and : IN THE COURT OF COMMON PLEAS OF PATRICIA A. WASHINGER, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 09 - 1751 CIVIL TERM DOUGLAS R. WASHINGER, Defendant PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW come Plaintiffs, William Washinger, Jr. and Patricia Washinger, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answers Defendant's New Matter as follows: 31. Denied as a conclusion of law. 32. Denied as a conclusion of law. 33. Admitted in part and denied in part. It is admitted that on February 20, 2009, Plaintiffs and Defendant conveyed property to a third party. It is denied that there was an amicable division of the proceeds and payment of taxes. 34. Denied as a conclusion of law. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor in an amount representing Plaintiffs' unreimbursed tax expenses and for their proportionate share of the rents from the leasing of the property located at 215 East King Street and issue an Order directing partition of the property located at 140-142 East King Street, Shippensburg, Pennsylvania, or in the alternative that the Property be immediately listed .for sale. MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Jacob M. Theis, Esquire Attorney I.D. No. 208631 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~~/3~0 9 Attorneys for Plaintiffs ~• CERTIFICATE OF SERVICE I, Mary M, Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiffs' Answer to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 MARTSON LAW OFFICES By: M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~'` /,3/D 9 ~i ~~ P~4`~~TARY 110 Al1Ia f 4 AM 9~ ~8 Ct~~~,~:r ~'~~3Y .va~a ~ II WILLIAM F. WASHING R, JR. and PATRICIA A. WASHING R, Plaintiffs/P titioners v. DOUGLAS R. WASHIN ER, Defendant/ espondent JUI. 14 ZU10 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 1751 CIVIL TERM ORDER u~ ~ , 2010, in consideration of the foregoing AND NOW, this day of Petition it is hereby or. (1) a Rule is i~ to the relief requested; (2) the Responden (3) the Petition shy (4) argument shall of the Cumberland Count (5) notice of the BY THE COURT, a J. Distribution: '~ H. Anthony Adams, Esgi 49 West Orange Street, S Shippensburg, PA 17257 Christopher E. Rice, 10 East High Street Carlisle, PA 17013 that upon the Respondent to show cause why the Petitioner is not entitled shall file an answer to the Petition within.3~ days of this date; t be decided under Pa.R.C.P. No. 206.7; -e held on oZ , 2010 at 9'~ /h , in Courtroom ~ Courthouse; and of this order shall be provided to all parties by the Petitioner. 3 ~op;~s naa, ~~ 7~ ~s~/o N ~~ ~ , ~.. .a ('~ r_.. r ~ " y ~ , ,.. o\ ... 3 ;:, ~ I r FILED-OFFICE r.,' THE PROTHONOTA R', F TILEST iepts112995 WashingeW2995. 1. prat Christopher E. Rice, Esquire CUMBERLAND COUNT`( Attorney I.D. No. 90916 PENNSYLVANIA R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MART ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MART ON LAW OFFICES 10 East High Street Carlisle PA 17013 (717) 2 3-3341 Attorne s for Plaintiffs WILLI M F. WASHINGER, JR. and PATRI IA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant To the 2011 APR 26 PM 1= 57 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - 1751 CIVIL TERM PRAECIPE lease mark Count I in the above-reference action against Defendant, Douglas R. Washinger, settled nd discontinued with prejudice. Plaintiffs reserve their rights to pursue Defendant under Counts I and III. MARTSSONpLAW OFFICES By: Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date:_ Attorneys for Plaintiffs ? E a ?39o I 1 Q?- as$?3Y CERTIFICATE OF SERVICE Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 MARTSON LAW OFFICES Dated ce By *nnaa p gh Street Carlisle, PA 17013 ? !/ (717) 243-3341 FILED-OFFICE 10" THE PROTHONOTARY F?\FILES\Clients\12995 Washinger\12995.1.pW 2011 AUG 29 PM 12= 09 Christopher E. Rice, Esquire Attorney I.D. No. 90916 CUMBERLAND COUNTY R. Christopher VanLandingham, Esquire PENNSYLVANIA Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs WILLIAM F. WASHINGER, JR. and PATRICIA A. WASHINGER, Plaintiffs V. DOUGLAS R. WASHINGER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - 1751 CIVIL TERM PRAECIPE Please mark the above-reference action, which includes Counts II and III against Defendant, Douglas R. Washinger, settled and discontinued with prejudice. MARTSON LAW OFFICES By: '/' S /(-- Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 MARTSON LAW OFFICES By. / M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: V Oqq/?/