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Home My WebLink About04-2615COMM(~NWEALTH OF PENNSYLVANIA cOURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Coud of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAMEOFAPPELLANT ~'~,~__~ ~,~,,.~"' ~ ~G. DIS~O, NAMEOF~.J . ~/ ~ R.C.P.D.J, No. This Notice of Appeal, when received by the District Justice, will operate as a before a Oistdct Justice, A COMP~INT MUST BE FILED within ~enty SUPERSEDEAS to t~e judgment for possession in this case. (20) days a~er filing the NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C,P.D.J. No. 'i001(7) in action before District Justice. IF NOT USED. detach from copy of notice of appeal to be se~'ed upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~'1_' ~:=/'~ ~ )~ i/~1,'-_~~ ~[. j't appellee(s), to file a complaint in this appeal -- Name of' apPellee(s) ' (Common Pleas No. ~~ ~ ) within twenty (20) days after service of rule or suffer entry of judgment of non ~ros, Name~of appellee(si/J ~/ -- (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) ~f y~u d~ n~t fiie a c~mp~aint wlthin this time~ a JUDGMENT ~F NON PR~S MAY BE ENTERED AGA~N$T Y~U~ (3) Thedate°fservJce°fthJsruJeifservicewasbymailJsthedate°fthemaiflng' ~~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CO~PLAtNt T~' l proof o£ ~ervlc~, MUS ~ ~E Ft L-D i~TI fT~ffV ['~ fV ' (J/ DA Y~ ~';? ~ ?~:.7 ~ r ~ (~! ~t r~ ~x~tlce o a~;pe~ Chc, ck ~ pphcab~e hoxc COMMONV t:.Ai" ti OF I'~EI',INS ([ VANIA COBNTY O ; ss AFFIDAVIT: I [ et)y (swea0/affir n) fha I sere! 20 (]] by personal .,erv, a · ,c ['~ by (ce~ifier.,)('egistered) mail (SWORN) (AFF RMED) AND SUBSCRIBED BEFORE ME THiS DA"/OF 20 AOPC 3!2A - 6~ · 2O NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE COMMONWEALTH OF PENNSYLVANIA ICOURT OF COMMON PLEAS JudiCial District, County Of C~.II~J) r'~ ~. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMION PLEAS No. (~/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Er- 0oo z - d / This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. C~IAT U R~,~ APPELI-ANT O~ ATTORNEY OR' AGENT ! ~1~ I -Y¥'~ ~ ~ ~-~' ~ ~If appellant was Claimant (see Pa~.C.P.D..L No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon k~ ~'f~)~i~/'l ~'1~ C~I'~I~~'t appellee(s), to file a complaint in this appeal Name ~appellee(s) (Common Pleas No. ~. ~/~ ~ ) within twenty (20) days after sen/ice of rule or suffer ent~ of judgment of non pros. ' Slgnatu~ofappellantora~omeyoragent RULE= To k[ ~<~1~/, ~[~ (~t~ ,appellee(s) (1) Yo~ar~notified that a rulejs hereby entered upon you to file a complaint in this eppeal within twenty (20) days after the date of se~ice of this rule u~n you by personal se~ic9 or by ce~ified or registered mail. (2) If you do not file a complaint within ~is time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of se~ioe of this rule if se~ice was by mail is the date of the mailing. '~ ~ /~20~. , ; ' ~- '[ S,~,u~of~thonota~orDeputy YOU MUST INC[~E A:COPY OF THE NOTICE OF JUDGMENT~RANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN 7~N (lQ) DAYS AFTER fitieg of the notice of appeat Check appficabk? COMMONWEALTH OF PENNSYLVANIA COUN' YOF ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (dateefaervice) ~ I [~ ,20 O~, [i~ by personal service ~'by(certitied)(register¢;d)-rlai¢ sender's receipt attached hereto, an~ ~pon the appellee, (~ame) ~, ~1~.~ ~ ~¢o~.. ~l%.., on sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,20 m $ , 3'7 Postmark IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREGG CARIGNAN & KI ENSMINGER Plaintiffs V. TRACY WAGNER, TERRY WAGNER, : T/B/A T-N-T TREASURES, A/P/S/P,: A/P/PA/P/C, ET AL. : Defendants : PLAINTIFF'~ CIVIL ACTION-LAW : APPEAL FROM DISTRICT JUSTICE NO. 04-2615 CIVIL COMPLAINT AND NOW, comes the Plaintiffs, Gregg Carignan and Ki Ensminger and avers the following; 1. This action arises from the actions of Tracy Wagner who has unlawfully withheld moneys due the Plaintiffs from the sales of their goods consigned to T-N-T Treasures. 2. Gregg Carignan and Ki Ensminger, herein refereed to as the plaintiffs, are adults individuals having a mailing address of 45 Thomson Creek Drive, Shippensburg Pa 17257. 3. Tracy Wagner, Terry Wagner, T/B/A T.-N-T Treasures, a possible sole proprietorship, a possible partnership, a possible corporation, herein refereed to as the Defendants, are adult individuals having a mailing address of 16 West King Street, Shippensburg, PA 17257 4. T-N-T Treasures is a retail co-op, specializing in sales of country style decorator items, antiques, and collector items, operated by Tracy Wagner. 5. K i Ensminger has had a presence in T-N-T Treasures since July of 2001. 6. Ki Ensminger presence at T-N-T Treasures as of December of 2001 was changed from a rental basis to a commission only fee at the rate of 20% of her total sales and this would be the only compensation due T-N-T Treasures. 7. About May 2003 K I Ensminger with the help of Gregg Carignan expanded her presence at T-N-T, mostly into unused parts of the building in order to help the Defendants expand their business. 8. The Plaintiffs expanded into the back room and the vacant second floor with the expressed knowledge and .consent, free of charge, of Tracy Wagner. 9. Starting in September without any prior warning to the Plaintiffs the Defendants up the commission they withheld from the Plaint~ from the agree 20% to 25%. 10. The plaintiffs seek return of the .~ over charge for the total sales from September 2003 to current sales. 11. July 2003 sales, as reported by T-N-T, were $167.25. 12. August Z003 sales, as reported by T-N-T, were $377.75. 13. September Z003 sales, as reported by T-N-T, were $186.35. 14. October 2003 sales, as reported by T.-N-T, were $213.00. 15. November Z003 sales, as reported by T-N-T, were $288.35. 16. 17. December 2003 sales, as reported by T-N-T, were $478.00. All sales figures for 2004 have been withheld from Plaintiffs by the Defendants. 18. For the purpose of the suit the Plaintiffs have added the sales from July Z003 to December 2003 divided by 6 months for average sales per month of 285.12 the figure the Plaintiffs willl use for each of the month of 2004 to which the Defendants have kept all of the sales proceeds and all sales reports for Z004 from the Plaintiffs. 19. Starting November 2003 the Defendants kept a I I the moneys from the total sales of the Plaintiffs goods. 20. Plaintiffs seeks the following; September sales 5% difference amounts to $9.32. October sales 5% difference amounts to $10,65. November sales less 20% Commission $230.68 December sales less 20% Commission $382,40 January sales less 20% Commission $228.10 February sales less 20% Commission $228.10 March sales less 20% Commission $228.10 April sales less 20% Commission $228,10 May sales less 20% Commission $228.10 June sales less 20% Commission $228.10 July sales less 20% Commission $228.10 August sales less 20% Commission S228.10 Total Due Plaintiffs $2,457.58 21. Mastercard fees as follows; July @ 4,5% of sales August @ 4.% of Sales September @ 4.5% Sales October @ 4.5% Sales Total Due Plaintiffs In addition Plaintiffs seek the return of moneys withheld for $2.82 $0.87 $2.10 $6.60 22. Plaintiffs seek damages which they estimate to be $1000,00. for interest, hardships, and the loss of goods caused as the result of the actions of the Plaintiffs. 23. Plaintiffs seek the cost of the suit before the District Justice which amounts to $93.00. 24. Total moneys to which the Plaintiffs seek 20.+21.+22.+23.= $3,557.18: 25. The Plaintiffs pray for what ever relief and penalties that the court may impose upon the Defendants. Respectfully Submitted, Gregg R. Carignan 45 'Thomson Creek Drive Shippensburg, PA 17257 (717) 802-7333 Date; August 9, 2004 Certificate of service I, Gregg Carignan, hereby on this day the 9t:h of August am serving the preceding document upon the following parties in the following manor so described; By First Class Certified mail Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Gregg Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 (717) 802-7333 Date; August 9, 2004 VERIFICATION I, GREGG R. CARIGNAN, verify that these fac:ts are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Ss 4904, relating to unsworn falsification to authorities. Gregg Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 (717) 802-7333 Date; August 9, 2004 GREGG CARIGNAN & KI ENSMINGER, : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. No. 04-2615 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED TRACY WAGNER, TERRY WAGNER, T/B/A T-N-T TREASURES, A/P/S/P, A/P/PA/P/C, ET AL. Defendants DEFENDANTS' pRELIMINARY OBJECTIONS TO~LAINTIFF GREGG CARIGNAN'S COMPLA INT AND NOW come the Defendants, by and through their attorney, Jeann6 B. Costopoulos, · · ' 's Complaint' Esquire, with the following preliminary objections to Plaintiff Gregg Cangnan · pL~AINTIFF'S COMPLAINT FAILS TO CONFORM T(_) LAW OR RULE OF COURT 1. Plaintiff GreggCarignan did n°t serve his C°mplaint pursuant t° Pa'R'C'P' 400(a)' 2. Plaintiff Gregg Carignan's Complaint does not conform with Pa.R.C.P. 1018.1 in that it did not contain a Notice to Defend. 3. PlaintiffGregg Carignan's Complaint does not corrform to Pa.R.C.P. 1019(a) in that it fails to state material facts upon which to base a cause of action. 4. Plaintiff G-regg Carignan's Complaint does not conform to Pa.R.C.P. 1019(f) in that it fails to aver specific facts regarding time, place ard items of specific damage. 5. PlaintiffGregg Cadgnan's Complaint does not corfform to Pa.R.C.P. 1019(h) in that it does not state with specificity whether any claim set forth therein is based upon a writing, and if so, Plaintiff C~regg Carignan did not attached copies of the writing or other such requiremem of 1019(h). PLAINTIFF_LACKS CAPACI~_{ TO_SUE_ 6. Paragraphs one (1) through four (4) above are incorlx,rated herein by reference as though fully s~t forth. 7. Plaintiff Gregg Cadgnan lacks capacity to sue. (a) PlaintiffCrregg Carignan's Complaint states that plaintiffKi Ensminger, not Plaintiff Gregg Cafignan, "had a presence" in T-N-T- Treasures. (b) Plaintiff Gregg Carignan does not allege that he is an agent of Ki Ensminger authorized to file suit on her behalf against Defendants. (c) plaintiff Gregg Carignan's Complaint mere]ky alleges that he helped Ki Ensminger "expand her presence at T-N-T", he does not allege that he had any relationship whatsoever with Defendants. WHEREFORE, Defendants respectfully requests this Honorable Court to dismiss Plaintiff Gregg Cadgnan' s Complaint with prejudice. Dated: _~rv~ y_¢20crC~/ By: RES~ULLY SUBMITTED: Jeann~ B. Costopouios, Esquire ATTORNEY !FOR DEFENDANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 GREGG CARIGNAN 8,: Ed ENSMINGER, Plaintiffs VS. TRACY WAGNER, TERRY WAGNER, T/B/A T-N-T TREASURES, A/P/S/P, A/P/PA/P/C, ET AL. Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2615 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : CERTIFICATE OF SERVICE_ I, Jeann6 B. Costopouios, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Ki Ensminger 45 Thomson Creek Drive Shippensburg, PA 17257 Gregg Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 Dated: '~t~)dt-2 c')d ~ By: Jeann~ B. Costopoulos, Esquire ATTORNEY F'OR DEFENDANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 GREGG CARIGNAN & KI ENSMINGER, : THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACY WAGNER, TERRY WAGNER, T/B/A T-N-T TREASURES, AJP/S/P, A/P/PA/P/C, ET AL. Defendants : No. 04-2615 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT NON PROS TO THE PROTHONOTARY: Please enter judgment non pros in favor of the Defendants as to Ki Ensminger. A Rule to File Complaint was properly served Ki Ensminger on June 28, 2004 via certified restricted delivery mail no. 7000 1530 0001 6002 0063. See attached Exhibit A, Affidavit of Service with return receipt. No Complaint has been filed by Ki Ensminger. Notice was served upon Ki Ensminger on July 29, 2004, by certified, restricted delivery mail no. 7000 1530 0001 6002 0131. A copy of that notice and the remm receipt are presented herewith as Exhibit B. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: RE:~LY SUBMI:D: Je~6 B. Costopoulos, Esquir~'"'- ATTORNEY FOR DEFENDANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 GREGG CARIGNAN & KI ENSMINGER, Plaintiffs VS. TRACY WAGNER, TERRY WAGNER, T/B/A T-N-T TREASURES, A/P/S/P, A/P/PA/P/C, ET AL. Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-2615 : : CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Ki Ensminger 45 Thomson Creek Drive Shippensburg, PA 17257 Gregg Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 Dated: ~/~ FO/ 2OC~/ By: Je~6 B.~Costopoulos, Esquir~ ATTORNEY FOR DEFENDANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 EXHIBIT A GREGG CARIGNAN & KI ENSMINGER, : THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACY WAGNER, TERRY WAGNER, T/B/A T-N-T TREASURES, A/P/S/P, A/P/PA/P/C, ET AL. Defendants : No. 04-2615 : : C1VIL ACTION - LAW : : JURY TRIAL DEMANDED : AFFIDAVIT OF SERVICE I, Jeann~ B. Costopoulos, Esquire, verify that the Praecipe to Enter Rule to File Complaint and Rule to File was served upon Ki Ensminger on June 28, 2004, by first class, postage prepaid, return receipt requested, restricted delivery mail, receipt no. 7000 1530 0001 6002 0063. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. By: Dated: Jeann6 B. Costopoulos, Esquire ATTORNEY FOR DEFENDANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 · Complete Jtems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpieca, or on the front if sipace permits. t. Article Addressed to: PS Form 3811, Mamh 2001 A. Received I~ C. 3. Service Type ~-~dlfled Mall [] Express Mail [] Registered [] Return Receipt for Memhandlae [] Insured Mail [] C.O.D. 4. Reetdcted Deliver? (E~tre Fee) [] Yes 0000 Domestic Return Receipt EXHIBIT B TRACY WAGNER, TERRY WAGNER, : 1N THE COURT OF COMMON PLEAS TNT TREASURES, Appellants : CUMBERLAND COUNTY, PENNSYLVANIA ICI ENSMINGER & GREGG GARIGNAN, Appellees No. 04-2615 CIVIL CIVIL ACTION - LAW APPEAL FROM DISTRICT JUSTICE TO: KI ENSMINGER and GREGG CARIGNAN 45 Thomson Creek Drive Shippensburg, PA 17257 VIA CERTIFIED MAIL NO, 7000 1530 000l 6002 0131 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Dated: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 By: Je~stopoulos, Esquire ATTORNEY FOR APPELLANTS 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 38t 1, August 2001 [] ~3ent y ( Printed Name) /1 J~ O~e of ~li~ If YES, ent~ delive~ addre~ ~low: ~ No 3. Se ' Type ~ified Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. ReStricted Delivery? (Extra Fee) r-i Yes Domestic Return Receipt 102595-01-M-2509 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREGG CARIGNAN & KI ENSMINGER Plaintiffs V. TRACY WAGNER, TERRY WAGNER, CIVIL ACTION-LAW : APPEAL FROM DISTRICT JUSTICE : NO. 04-2615 CIVIL T/B/A T-N-T TREASURES, A/P/S/P,: A/P/PA/P/C, ET AL. : Defendants : PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY 13BJFCTIONS 1. Plaintiff's served the complaint via Certified mail, see Exhibit 'A", such service in no way has created any prejudice to the Defendant nor have they claimed any. ?. I t i s true that no 'Notice to Defend" was included, as this case was an appeal from District Justice Harold E. Bender district #09-3-01 case # CV-92-04, the Defendant was already represented by Attorney Costopoulos, as the filing of the appeal reflects, the service of this complaint was upon Attorney Costopoulos's office, the omission of this notice in no way has created any prejudice to the Defendant nor have they claimed any. 3. The Plaintiff believes that the complaint contains the information necessary for the Defendants to formulate their defenses and answer the complaint further specific facts and or information is available to the Defendant through the discovery process. 4. See answer paragraph (3). 5. Any such writings were provided to the Plaintiff by the Defendants many of which the Plaintiff hopes to attain from the Defendants through the discovery process as the Defendants hold all the cards and the Plaintiff's monies. · 6. The answer in paragraphs (1) through (4) is incorporated herein by reference as though fully set forth. 7. Plaintiff does not lack the capacity to sue. (a) Carignan's presence occurred when Ki Ensminger expanded her presence with Carignan's goods. (b) This complaint was filed on behalf of both Ki Ensminger and Gregg Carignan as set forth in the Complaint. (c) Paragraph (a) i s herein incorporated by reference as though fully set forth, by way of further answer Tracy Wagner is well aware that the expansion of Ki Ensminger's presence was done with Gregg Carignan's goods. WHEREFOR, the Plaintiff respectfully request this Honorable Court to deny the Defendant's objections and allow amendment of the complaint to satisfy those items, if any, the court deems meritorious. Respectfully_ Su~mit~ted, .... Gregg R. Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 (717) 802-7333 Date; September 29, 2004 Certificate of service I, Gregg Carignan, hereby on this day, the 29th of September 2004, am serving the preceding document upon the following parties in the following manor so described; By First Class regular mail Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Gregg Carignan 45 Thomson Creek Drive Shippensburg, PA 17257 (717) 802-7333 Date; September 29, 2004