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Home My WebLink About04-3364Leonard M. Woodring, Plaimiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. O/-'~-...q'3'6~,- NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAOES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 Leonard M. Woodring, Plaintiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. PRAECIPE FOR WRIT OF SUMMONS TO: CUMBERLAND COUNTY PROTHONOTARY Kindly issue a writ of Summons in this matter against the Defendant, Harry Houdeshell at the address listed below. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Thank you. Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 Date Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS LEONARD M. WOODRING Plaintiff Vs. HARRY HOUDESHELL 811 WERTZVILLE ROAD ENOLA, PA 17025 Defendant Court of Common Pleas No. 04-3364 In CivilAction-Law To HARRY HOUDESHELL, 811 WERTZVILLE ROAD, ENOLA, PA 17025 You are hereby notified that LEONARD M. WOODRING the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date JULY 12, 2004 Attorney: Name: VICKI PIONTEK Address: CURTIS R. LONG Prothonotary Deputy 24 WEST GOVERNOR ROAD HERSHEY, PA 17033 Attorney for: Plaintiff Telephone: (717) 533-7472 Supreme Court ID No. SHERIFF'S RETURN - CASE NO: 2004-03364 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOODRING LEONARD M VS HOUDESHELL HARRY REGULAR KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon HOUDESHELL HARRY DEFENDANT , at 1842:00 HOURS, on the 14th day of July at 811 WERTZVILLE ROAD ENOLA, PA 17025 by handing to HARRY HOUDESHELL a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Subscribed to before me this /~ ~ day of ~ ~ A. D ! P~othonotary [ ' So Answers: R. Thomas Kline 07/15/2004 LEONARD WOODRING e iff LEONARD M. WOODRING, Plaintiff HARRY HOUDESHELL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03364 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant Harry Houdeshell. We are authorized to accept service of all documents in this matter. Respectfully submitted, Dated: August 12, 2004 R°be~'~el~l ' Jr'~Attomey I~'~1925 Joshua S. Mazin Attomey No. 87680 KELLY, HOFFMAN & GODUTO LLP Commerce Towers - 10th Floor 300 North Second Street Post Office Box 62003 Harrisburg, PA 17101 (717-920-8100) rkell¥(~khgllp.com Counsel for Defendant Harry Houdeshell _C. ERTIFICATE OF SERVIC.__~E On this 12th day of August 2004, I, Pamela L. Russell, a legal secretary in the law firm of Kelly, Hoffman & Goduto, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 Counsel for Plaintiff LEONARD M. WOODRING, Plaintiff HARRY HOUDESHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03:364 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff Leonard M. Woodring to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. Respectfully submitted: Dated: August 12, 2004 Robe~E. K41Y,I Jr. Attorney No.k2,tf925 Joshua S. Mazin Attorney No. 87680 KELLY, HOFFMAN & GODUTO LLP Commerce Towers - 10th Floor 300 North Second Street Post Office Box 62003 Harrisburg, PA 17101 (717-920-8100) Lkell¥(~khgllp~,com Counsel for Defendant Harry Houdeshell CERTIFICATE OF SERVICE On this 12th day of August 2004, I, Pamela L. Russell, a legal secretary in the law firm of Kelly, Hoffman & Goduto, LLP, hereby certify that I have, this day, served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT upon the person(s) and at the address(es) below named by United States First Class Mail, postage prepaid, in Harrisburg, PA: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 Counsel for Plaintiff LEONARD M. WOODR1NG, Plaintiff HARRY HOUDESHELL, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03364 JURY TRIAL DEMANDED RULE TO FILE COMPLAINT AND NOW, this JJa~_'Xday of~004, a Rule is entered upon Plaintiffto file a Complaint within twenty (20) days after service of this Rule by the Defendant. PRO~I~O~NOTARY --ff-~ ~7 Leonard M. Woodring, : Plaintiff : Vs. : Harry Houdeshell : 811 Wertzville Road : Enola, PA 17025 : : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.2004-03364 Jury Trial Demanded AMENDED NOTICE OF DEPOSITION Please take notice that on Wednesday, September 15, 2004, at 10:00 A.M., Plaintiff, Leonard M. Woodring, will take the oral deposition of the following parties at 683 Magaro Road, Enola, PA 17025, before a person authorized by law to administer oaths. The oral examination will continue from day to day until completed. The cause of action in the above captioned matter involves an action against Defendant for DEFAMATION, LIBEL and SLANDER. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Len Woodring 683 Magaro Road Enola, PA 17025 Steve Davin 1041 Oyster Mill Road CampHill, PA 17011 Ed Freed 1290 Oyster Mill Road Camp Hill, PA 17011 Steve Swope 6 Canterbury Court Mechanicsburg, PA 17050 Robert Gardner 547 Appalachian Avenue Mechanicsburg, PA 17055 24 West Governor Road Hershey, PA 17033 717-533-7472 Leonard M. Woodring, Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Plaintiff : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.2004-03364 Jury Trial Demanded CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned Plaintiff, and that on the ~ day of~, 2004, she sent a mae and correct copy of the attached AMENDED NOTICE OF DEPOSITION upon the following parties at the following addresses: Harpy Houdeshell 811 Wertzville Road Enola, PA 17025 Kelly, Hoffman and Goduto, LLP Attention: Robert E. Kelly, Jr., Esquire Attorney for Defendant 300 North Second Street Harrisburg, PA 17101 Len W~dring 683 Magaro Road Enola, PA 17025 Also By Fax: 717-920-0691 Steve Davin 1041 Oyster Mill Road Camp Hill, PA 17011 Ed Freed 1290 Oyster Mill Road Camp Hill, PA 17011 Steve Swope 6 Canterbury Court Mechanicsburg, PA 17050 Robert Gardner 547 Appalachian Avenue Mechanicsburg, PA 17055 Vicki Piontek, Esquire 24WestGovemor Road Hershey, PA 17033 717-533-7472 Leonard M. Woodring, : Plaintiff : Vs. : Harry Houdeshell : 811 Wertzville Road : Enola, PA 17025 : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CiVIL ACTION - LAW No. 2004-03364 Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE IvlAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 800-692-7375 Leonard M. Woodring, Plaintiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION' - LAW No. 2004-03364 Jury Trial Demanded COMPLAINT Plaintiff is an adult individual residing at 683 Magaro Road, Enola, Pennsylvania 17025, Cumberland County. Defendant is Harry Houdeshell, 811 Wertzville Road, Enola, Pennsylvania 17025, Cumberland County. The Plaintiff, at the times mentioned and since his birth, has been a person of good name, credit and reputation and was deservedly enjoying the esteem and good reputation of diverse persons. The Defendant, at the times herein mentioned, was the owner and publisher of a certain cardboard sign approximately 4 feet square in diameter, depicted in Plaintiff's Exhibits A through B. On or about June 21, 2004, in Cumberland County, Pennsylvania, Defendant maliciously published the said sign referred to in Paragraph 4, and depicted in Exhibits A through B. The statements contained in the aforementioned sign which Defendant published are wholly false. At the time of the publication, the Defendant knew or should have known that its statements contained therein were untrue. It is believed and averred that Defendant also made numerous defamatory verbal statements to member of the local community regarding Plaintiff, Len Woodring's business practices, of which were malicious and false. At the time that Defendant verbally made such malicious and false defamatory statements, Defendant knew or should have known that such statements were defamatory and false. 10. As a result of the Defendant's libel and slander, the Plaintiffhas been and is greatly injured in his good name, credit and reputation all of which has been to his great financial loss and damage. 11. As a result of Defendant's libel and slander, many person who, before and at the time of the Defendant's libel, had been used and accustomed to dealing with the Plaintiff in his business known as "Independent Handiman Service," and who otherwise would have continued to do business with the Plaintiff neglected and refused to continue to do business with the Plaintiffto the Plaintiff's great special financial loss and damage. 12. As a result of Defendant's libel and slander, Plainfiffhas suffered harm including personal humiliation, and mental anguish and suffering. 13. Plaintiff believes and avers that nominal damages, at least, are appropriate, and due and owed to him by Defendant. 14. Plaintiff also believes and avers that special particular damages can and will be proven upon discovery, and at trial. 15. Plaintiff also believes and avers that exemplary ptmitive damages can and will be proven upon discovery, and at trial. 16. After discovery, Plaintiff expects to amend his complaint to show both the special damages as well as the punitive damages. Wherefore, the Plaintiff prays for damages from Defendant in the form of nominal damages, special damages and punitive damages. Vicki Piontek, Esquire 24 West Govemor Road Hershey, PA 17033 717-533-7472 Date RUG 28 ~Q04 2=$9PH LR~ OFFICES OF ¥ICK! PIOH 434-447-35q~ P,? $ll W~nz~ille Romt Baol~ PA t702~ pENNb'YLyANL~ CIVIL ACTION "I~.W No. 100d-03364 V~RIFICATION I, Leonard M. Wood,ins, .fl~m ~hat the stniernmts in lbo COMPI.~IHT fi,led by my attorlley ~ hue and accurnt~ to file best of my knowledse, u~lt~n~ and b~lief. Leonard M. Woodring, Plaintiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2004-0336;4 Jury Trial Demanded CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned Plaintiff, and that on the .~,~ h, day o f ~_~_*gr~r~,2004, she sent a tree and c°rrect c°py of the attached COMPLAINT by First Class U.S. Mail, postage pre-paid, upon the following parties at the following addresses: Kelly, Hoffman and Goduto, LLP Attention: Robert E. Kelly, Jr., Esquire 300 North Second Street Harrisburg, PA 17101 Vicki Piontek, Esqu!ire 24 West Governor Road Hershey, PA 17033 717-533-7472 Leonard M. Woodring, Plaimiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03364 PRECIPE TO DISCONTINUE CIVIL ACTION Kindly discontinue the above captioned civil action. The parties have settled the matter. Thank you. Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 Date Leonard M. Woodring, : Plaintiff : Vs. : Harry Houdeshell : 811 Wertzville Road : Enola, PA 17025 : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03364 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned Plaintiff, and that on the '~ ~ * ~ day of O ~-/-'~t_.q~ 2004, she sent a tree and correct copy of the attached PRECIPE TO DISCONTINUE CIVIL ACTION by First Class U.S. Mail, postage pre-paid, upon the following parties at the following addresses: Kelly, Hoffman and Goduto, LLP Attention: Robert E. Kelly, Jr., Esquire 300 North Second Street Harrisburg, PA 17101 Vicki Piomek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 Date LEONARD M. WOODRING, Plaintiff Vo HARRY HOUDESHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW No. 2004-03364 JURY TRIAL DEMANDED AMENDED PRAECIPE TO DISCONTINUE CIVIL ACTION Kindly discontinue the above-captioned civil action with prejudice. Dated: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 Leonard M. Woodring, Plaintiff Vs. Harry Houdeshell 811 Wertzville Road Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 2004-03364 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the above captioned Plaintiff, and that on the q-t, i,~ day of h} O ¥ ,2004, she sent a tree and correct copy of the attached AMENDED PRECIPE TO DISCONTINUE CIVIL ACTION by First Class U.S. Mail, postage pre-paid, upon the following parties at the following addresses: Kelly, Hoffman and Goduto, LLP Attention: Robert E. Kelly, Jr., Esquire 300 North Second Street Harrisburg, PA 17101 Cumberland County Courthouse Attention: Prothonotary One Courthouse Square Carlisle, PA 17013 Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 717-533-7472 Date