HomeMy WebLinkAbout01-3217 IN THE COURT OF COMMON PLEAS OF CUMBERLA~
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL : NO. 2001-SU-3217-CIVIL
PA, INC. :
Plaintiff, :
: CIVIL ACTION - LAW
V.
:
GEORGE FERREE and SUSAN FERREE, :
Husband and Wife, and TAMMY BEHRENS, :
CAROL WAGNER & GRACE GILBERT, :
Defendants.
MOTION FOR PROTECTIVE ORDER UNDER
PA. ILC.P. NO. 4012(n)
AND NOW, July 16, 2001, George Ferree, Susan Ferree, Tammy Behrens, Carol Wagner
and Grace Gilbert, Defendants in the above-captioned proceeding, whose depositions have been
noticed for July 31, 2001, move the Court for a Protective Order under Pa. R.C.P. 4012(a).
The relief demanded is as follows:
1. That depositions for the purpose of filing a Complaint be prohibited or,
alternatively;
2. That depositions be limited to issues not already referred to the Office of Attorney
General and/or the IRS; and
3. That the Plaintiffbe required to file a Complaint stating a cause of action.
In support of this Motion, the following reasons are assigned:
Background
4. Several of the above-captioned Defendants were formerly a~soeiated with Collie
Rescue of Central Pa., Inc., an organization believed to be a nonprofit organization. In such
capacity the Defendants were unpaid volunteers to such organization.
5. During the year 2000, one or more of the Defendants resigned from the Plaintiff's
organization and formed a new nonprofit organization known as Susquehanna Valley Collie &
Sheltie Rescue.
6. Since their resignation and the formation of their own nonprofit organization,
which has a similar purpose, the Director of Collie Rescue of Central Pa. has been on a personal
vendetta to cause the Defendants unreasonable annoyance, embarrassment, oppression, burden
and expense.
7. In support of this accusation, and attached hereto and marked a~ Exhibit A, is a
letter from Plaintiff's Counsel directed to the President of Susquehanna Valley Collie & Sheltie
Rescue (hereinai~er "SVCSR"), which includes various accusations and allegations.
8. The Defendants responded to each of the allegations in the June 16, 2000 letter
from Attorney Emery by June 19, 2000. The allegations in Mr. Emery's letter are substantially
similar to the areas to be covered in the Notice of Deposition (copy enclosed) noticed by
Attorney John M. Ogden.
9. By August 23, 2000, the President of SVCSR then received correspondence from
the Bureau of Charitable Organizations Special Investigation Unit (Exhibit B attached hereto)
wherein allegations were made that that organization was soliciting funds on behalf of the
Plaintiffwithout written permission.
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10. By January 16, 2001, this matter was referred to the Office of Attorney General,
and not only was Susan Ferree named as a Defendant in this action, but also SVCSR was sent a
letter fi'om the Office of Attorney General which accused SVCSR of conducting solicitations
without registration.
11. It is believed that these investigations were conducted solely as a result of
accusations made by the President (Thom Lewis) ofthe Plaintiff.
12. By March 15, 2001, the Office of Attorney General had completed its review and
concluded that no enforcement is warranted (Exhibit C attached hereto).
13. Not being satisfied with the havoc caused by his unsubstantiated accusations, the
Plaintiff (through its President, Thom Lewis), then contacted the Internal Revenue Service in an
effort to jeopardize SVCSR's request for exempt status under IRC Section 501(c)(3).
14. In support thereof, enclosed is Exhibit D, the organization's response to the
Internal Revenue Service who had requested an inordinate amount of information solely because
of accusations made.
15. The Court's attention is directed to IRS response #2 where the Internal Revenue
Service indicated: "We have information that a criminal complaint has been filed against one or
more members of the officers of your organization." Furthermore, in response #3, the IRS
stated: "We have information that one or more of the officers of your organization were removed
as volunteers of Collie Rescue of Central Pa., due to misrepresentation and misuse of the
organization's name and property."
16. Again, this was responded to by SCVSR. In IRS request #4, the Internal Revenue
Service stated: "We have information that Susan Ferree has been collecting animals by
misrepresenting herself as Collie Rescue of Cenl~'ai Pa., Inc. and reselling them under the name
of Susquehanna Valley Collie & Sheltie Rescue."
17. In IRS response #7, the Internal Revenue Service indicated: "We have
information that Susan Ferree requested donors to make donations in her name."
18. All the information (misinformation) supplied to investigatory divisions of either
the Office of the Attorney General, which resulted in unwarranted investigations, was supplied
by the Plaintiff.
19. Plaintiff had sufficient information to make baseless accusations to these entities,
they have sufficient information to file a complaint without the need to take pre-complaint
depositions intended solely to harass the Defendants.
20. The Plaintiff, through its officers, directors or agents, has continually harassed the
Defendants in their effort to pursue their mission as unpaid volunteers at SVCSR. When all
other efforts failed, to wit: threats of Counsel, false reports to Bureau of Charitable Organization,
false reports to the Office of Attorney General, false reports to the Internal Revenue Service,
they now want to further burden the Defendants by causing them to give depositions in a case
where all of the issues raised in the Notice of Deposition have either been referred to a
governmental body, whom after investigation found that no further action was warranted and any
information to be derived from the proposed depositions is well within the control of the
Plaintiff.
WHEREFORE, Defendants request that this Honorable Court prohibit depositions for the
purpose of filing a enmplaint beeanse all information to be gathered therefrom is already in the
control of Plainfiffor it does not exist. In the alternative, Defendants request that this Court limit
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the depositions to issues not previously referred to investigative bodies such as the Internal
Revenue Service or the Office of Attorney General and, if depositions are allowed to proceed
prior to the filing of a complaint, that any depositions be conducted in Harrisburg,..p.a.
.,...~~ '~hn D. Sheridan, Esquire
Pa. Supreme Court ID# 82275
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON
2080 Linglestown Road, Suite 201
Harrisburg, PA 171 l0
(717) $40-9170
Dated: July 19, 2001 Attorney for Defendants
5
VERIFICATION
I, Susan Ferree, hereby swear and affirm that the facts and matters set forth in the
foregoing document are true and correct to the best of my knowledge, information, and belief.
I understand that the statements made herein are made subject to the penalties of Pa. C.S.
§ 4904 relating to unswom falsifications to authorities.
~C-S~san Ferret
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-SU-3217-CIVIL
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAb.AY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
NOTICE OF DEPOSITION
TO: GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT
Please take notice that Attomey John M. Ogden, will take the deposition of
GEORGE FERREE, SUSAN FERREE, TAM_MY BEHRENS, C,~R. OL WAGNER
AND GRACE GILBERT on the 31st Day of July, 2001, at the Law Offices of Holt
& Ogden. 34 North Queen Market Street, York, PA 17403, begiiming at i 0:00
o'clock a.m., as authorized under the Pennsylvania Rules of Civil Procedure tbr
the purpose of' discovery, more specifically authorized without leave of court
under Pa.R.C.P. 4007.1. A notary public or some other officer authorized by law
to administer oaths will be present. The deposition may continue from day to day.
but is expected to conclude before noon.
This deposition is being held for the purposes of the filing of a complaint
against the aforementioned persons. Under Pa.R.C.P. 4007.1(c), the following
areas are to be inquired at the deposition:
l. Whether any of the parties were at one time a member of, or affiliated
with Collie Rescue of Central PA, Inc.
2. Whether any of the parties hereto ever impersonated an Officer of Collie
Rescue of Central PA, for the purpose of accepting donations in the form of cash,
picking-up dogs, food donations, etc.
3. The effective date that the Susquehanna Valley Collie & Sheltie Rescue
has been in operation, incorporated and a 501 (c)(3)tax exempt organization, if
applicable.
4. The extend to which donations meant for Collie Rescue of PA, Inc., were
intercepted by the above named Defendants and funneled to Susquehanna Valley
Collie & Sheltie Rescue, and the dates that the donations were diverted.
5. The extent to which Susan FERREE has represented herself as being an
Officer or member of Collie Rescue of Central PA., Inc., and more specifically has
taken a dog from Eastem Shore Shelter under the auspices of being a part of the
Collie Rescue of Central PA, Inc.
2
6. The knowledge of, and extent to which cards were manufactured or
ordered to be manufactured using the name and logo of Collie Rescue of Central
PA, Inc. without the corporations knowledge or consent, and the extent to which
these cards were used to divert donations away from Collie Rescue of Central PA,
Inc.
7. The extent to which dogs were acquired using the name and/or likeness
of Collie Rescue of Central PA, Inc. and then taken by the Susquehanna Valley
Collie & Sheltie Rescue, and the extent to which those dogs were sold or disposed
of in any manner whatsoever.
8. Any and all donations which were intended for the Collie Rescue of
Central PA, Inc. but were diverted by the above named Defendant, or others in
their charge.
9. The extent to which the Defendant represented to donors that the
telephone number for Collie Rescue of Central PA, Inc. was changed to Susan
FERREE's telephone number or to some other telephone number without the
corporations, knowledge, under consent or approval.
10. The extent to which application forms of Collie Rescue of Central PA,
Inc., were altered or amended without the knowledge or consent of the corporation
to reflect a telephone number other than that of the corporation.
11. The whereabouts of a dog picked-up by Susan FERREE on October 27,
1999, representing herself as a representative of the Collie Rescue of Central PA,
Inc. from the Humane Society. of Harrisburg, Inc., Eastern Shore Shelter.
12. Who would have advised Wetland owner, Port Dare, that the telephone
number for Collie Rescue of Central PA, Inc. had been changed on May 22, 2000
to 717-761-61 I0. Whose number the 717-761-6110 belongs to.
Further, under Pa.R.C.P. 4007.1 (d)(l), the Plaintiff requests that the
Defendants bring the following documents to the deposition:
A. A complete and true copy of the Articles of Incorporation, By-Laws and
any amendments for any organizations or corporations that the Defendants are a
member of, an officer or director in, or employed by whose mission is, in whole or
part, to protect, defend, place or save or offer treatment to dogs, even if that
specific mission is not expressly stated in the Articles of Incorporation or
partnership agreement or LLC or LLP certificates.
B. Copies of any and all business cards, posters, adoption applications or
letters bearing the name Collie Rescue of Central PA, Inc. which is in the
possession of any of the Defendants.
C. Records of any and all dogs which have been taken-in or collected by
any of the Defendants and records which show where the dogs have been placed
4
or the disposition of the dogs after they left the control or possession of any of the
Defendants or of the Susquehanna Valley Collie & Sheltie Rescue, including any
and all adoption records and any and all state forms which were submitted to the
Commonwealth of Pennsylvania, such as 990 forms.
D. Records of any and all donations to the Collie Rescue of Central PA,
Inc., which were diverted to anyone other than that corporation, or to the
Susquehanna Valley Collie & Sheltie Rescue from January 1, 1999 to the present
time, by the Defendants.
E. Records of all correspondence from the Defendants to anyone where the
Defendants represented themselves, collectively or individually, as members or
officers or directors or agents of the Collie Rescue of Central PA, Inc.,
F. Any and all records of any dogs being picked-up from the Eastern Shore
Shelter under the representation that the dog was being picked-up by, or taken to
the Collie Rescue of Central PA, Inc.
The depositions will proceed as follows:
10:00 o'clock a.m. GEORGE FERREE
10:30 o'clock a.m. SUSAN FERREE
11:00 o'clock a.m. TAMIVIY BEHRENS
11:30 o'clock a.m. CAROL WAGNER
5
12:00 o'clock a.m. GRACE GILBERT
Prevailing time.
.~ HOLT & OGDEN, LLP
~4 ~ Queen Street
York, PA 17403
(717) 846-0550
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL PA, : NO. 2001-SU-3217 4 CIVIL
INC., :
Plaintiff, :
: CIVIL ACTION - LAW
VS. :
GEORGE FERREE and SUSAN FERREE, :
Husband and Wife, and TAMMY :
BEHRENS, CAROL WAGNER & :
GRACE GILBERT, :
D~fendants. :
CERTIFICATE OF SERVICE
I am the attorney for the above captioned party in this action, and hereby certify, that
on this date, I served a true and correct copy of a NOTICE OF DEPOSITION through the
U.S. Postal Service, postage pre-paid, which satisfies the requirements of Pa.R.C.P. 440, to
the following address:
GEORGE FERREE & SUSAN FERREE
7 OAK STREET
ENOLA, PA 17025
TAMMY BEHRENS
9 OAK DRIVE
ENOLA, PA 17025
CAROL WAGNER
3236 VALLEY ROAD
MARYSVILLE, PA 17053
GRACE GILBERT
21 FRISCH DRIVE
DUNCANNON, PA [7020
Esquire
34 North Queen Street
York, PA 17403
(717) 846-0550
Exhibit A
FENSTERMACHER AND ASSOCIATES, P.C ...... ;
MARK K. ~ ~QUIRE
DIRE~ D~L (717) 691-~39
June 16,2000
VIA CERTIFIED MAIL Z 089 202 490
Susan Ferree
7 Oak Avenue
Enola, PA 17025
RE: Collie Rescue of Central Pennsylvania, Inc.
Dear Ms. Ferree:
This office represents Collie Rescue of Central Pennsylvania, Inc. It has come to our
attention that you have engaged in certain actions outlined below which, if continued, will
necessitate filing suit against you. This correspondence shall act as formal notice and demand
that you immediately cease these actions.
First, you are to immediately cease and desist from any use of the name Collie Rescue
of Central Pennsylvania, Inc. It appears you are continuing to utilize published materials
identifying Collie Rescue with your personal phone number and e-mail address.
As you will recall, you improperly advertised your phone number and e-mail address as
that belonging to Collie Rescue. This was done without the authorization of Collie Rescue and,
in fact, you were specifically told on more than one occasion to refrain from listing your personal
information on Collie Rescue materials. You were in no way authorized to act on behalf of
Collie Rescue, as you were a volunteer, nothing more. Any contact by third parties under their
belief that you are affiliated with Collie Rescue should be referred to Collie Rescue.
It is well documented that you misrepresented yourself as being a director or officer of
Collie Rescue. It is demanded that you immediately cease and desist from any
misrepresentation of involvement, control or connection with Collie Rescue.
~-C~'~q~SaUnG OF'~C£ TIlE dONAS RUPP HOUSE
108 LINCOLN STREET 5115 EAST TRINDLE ROAD OCEAN crrY OFFICE
HARRISBURG. PA 17112 MECHANICSBURG, pE~NN'$~..Vp.I~A 17055 26 I~k¥ AVE3~JE
(717) 545-861o (717) 691-5400 OCE. a,N crrY. Nd 0S226
FAX (717) 691-5441 (60~) 391-9~61
Susan Ferree
Page 2
June 16, 2000
Second, you are advised to immediately cease and desist in making disparaging
remarks about Collie Rescue and Thom Lewis. This includes, but is in no way limited to,
comments made to current or past volunteers of Collie Rescue. This also includes immediately
ceasing making false statements about volunteers being removed from the Collie Rescue
mailing list. Should you fail to do so, we will institute litigation against you. I also wish to stress
that should you attempt to harass Collie Rescue by making accusations about it or its officers or
directors to any administrative agency, we will pursue every possible remedy against you.
Third, you are to immediately cease using any mailing lists which you misappropriated
from Collie Rescue, or any forms, such as applications, which you also misappropriated from
Collie Rescue. These materials are proprietary to Collie Rescue and you have no authority to
utilize their materials. Should you fail to do so, we will initiate litig~l.t, ion against you. ·
Fourth, you are advised to immediately cease and desist from accepting donations
meant for Collie Rescue. We are aware of at least one incident where you obtained supplies
meant for Collie Rescue from a local pet store. As you are well aware, you retained those
supplies. Should you continue to do so, Collie Rescue will explore both civil and criminal
remedies.
It is unfortunate that you chose these actions, which simply prohibit what it would appear
is everyone's goal, that being the care and welfare of the animals. I stress again that these
matters are taken very seriously by Collie Rescue, and will no longer be accepted. The matters
I have addressed are well documented, and therefore this is not open to debate.
You, or anyone acting on your behalf, are to have no further communication with Collie
Rescue, the officers or directors. Any communication should be directed to my office.
Please be guided accordingly.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:~ Mark K. Emery
crs
cc: Thom Lewis
June 19, 2000
Mark K. Emery, Esquire
Fenstermacher and Associates, P.C.
5115 East Trindle Road
Mechanicsburg, PA 17055
RE: Collie Rescue of Central Pa., Inc.
Dear Mr. Emery:
I am in receipt of your letter dated June 16, 2000 regarding several issues end your formal
notice and demand to cease these actions.
First, I have not used nor do I continue to use the above referenced name or published
materials. I do, however, use materials obtained from a horse rescue which were given to us to
adapt and use for Suaquehanna Valley Collie & Sheltie Rescue. I have no need for Collie Rescue
of Central Pa., In~'s materials since I am no longer a volunteer with Ihe Collie Re~cue of Central
Pa., Inc. I have not used or will use any docurnent~ or mailing mate(als from that Collie Rescue.
Please produce samples of my misappropriation since my departure from the Collie Rescue of
Central Pa., Inc., I will welcome them for revtewand comment. The personalphone numberlejust
that, our personal phone number. It has always been listed under George B. Ferree. We Initially
took a second phone line in our home since the Collie Rescue of Central Pa, Inc. nor Mr. Lewis
could pay the telephone charges accrued on the rescue'e designated telephone number (717-795-
9611) which had been disconnected. The emall address you refe~ to was basically used as
communication between volunteers. The Rescue'e web page designated an emall address
specifically for contacting the rescue. Any calls, donations, or questions for Collie Rescue of
Cenlrel Pa., Inc., have been referred to Mr. Lewis since my departure. As an example, I reference
a recent call from Petland's manager, Jim, which was referred to Mr. Lewis' home telephone
number.
As far as misrepresenting myself as the director or an officer of the rescue, please provide
this documented information as I am at a loss as to the nature of these comments. The only thing
I represented myself as while volunteering for this Rescue was Adoption and Foster Home
Coordinator which Is what I was (attachment highlighted).
As for my making false statements concerning volunteers being removed from the mailing
list, any statement I am accused of making would not have been false, just fact! I am attaching
an email in which Mr. Lewis directs me to remove a name from the weekly status updates who was
an active volunteer.
Since my departure from this Rescue, I have not and will not accept anything on behalf of
the Collie Rescue of Cenlrel Pa, Inc. I was not aware that I did retain anything belonging to the
Collie Rescue of Central Pa., Inc. I personally delivered several bags of Nature's Recipe dog food,
canine treats and biscuits, all the folders, correspondence, and a CD of photos taken with our
personal digital camera, of each Rescue collie, Rescue events, and various other occasions. I
spoke with Mr. Lewis shortly after delivering all the items to his home and he did not seem to be
missing anything at that lime.
RESPONSE TO EXHIBIT A
June 19, 2000
Page Two
At this time I would like to remind Mr. Lewis about my pa~cipation in the Collie Rescue of
Central Pa., Inc. My husband nor I have NEVER asked for reimbursement for gasoline used,
mileage driven, paper supplies utilized for printing and mailing purposes, postage stamps.
computer supplies, two clasaified newspaper advertisements, flea preventative medicines applied
to Rescue collies, or damages to our home caused by Rescue collies. We knew the Rescue had
limited funds and we were happy to do this as volunteers. We did submit one receipt for personal
reimbursement from the Collie Rescue of Central Pa., Inc. for toll calls (for one month only) and
two receipts for veterinarian care for rescue collies (five poodle/collies' first check up and
immunizations and the o~er vet visit for a worm check up for 'Bear' and dental cleaning for
'Smokey'). Mr. Lewis was either out of town or getting ready to go out of town and gave his
approval for the Nm veterinarian visits.
On several occasions dudng Mr. Lewis' extensive travel for the purpose of his to~r, my
husband and I were asked for assistance by Mr. Lewis to either check, feed, or exercise his pets.
On one occasion, Mr. Lewis had asked us to keep one of his pets for an extended pedod of lime.
NOT ONCE did we decline his requests to do any of these things. This was done as a personal
favor, not as onlys volunteer. If Mr. Lewiswas unhappywith any servicas oractionswepmvided
to him or on behalf of the Collie Rescue of Central Pa., Inc., he never stated those feelings to us
or anyone to our knowledge.
In closing, I would like to state that I believe Mr. Lewis is just upset because we have
decided to start Iho Susquehanna Valley Collie & Shelfie Rescue. There is no reason that more
than one rescue cannot exist. All it means is that more dogs will be saved and that is what it is
all about.
cc: Mr. Thom Lewis
attachment
Exhibit B
coMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
BUREAU OF CHARfl'ABLE ORGANIZATIONS
SPECIAL INVESTIGATIONS UNIT
OFFICE OF THE P.O. BOX 8723
SECRETARY OF THE COMMONWEALTH HARRISBURG. PA 1710~
71 ?.787-B700
1.8(X}-732-0999 (within PA)
August 23, 2000
C;I~R-I Ii;t~'..O MAIL 7099 3400 0U02 2095 3551
RETURN RECIEPT REQUESTED
Ms. Susan Ferree
7 Oak Lane
Enola, Pa 17025
Dear Ms. Ferree:
The Bureau has received an allegation that you are soliciting contributions on behalf of
Collie Rescue of Central Pennsylvania without the organization's written permission as
required by Section 15 (3} of the Pennsylvania Solicitation of Funds Act, 10 P.S. § 162.15 (3).
Consequently, please contact me at your earliest convenience so I can schedule a
meeting with you to discuss this allegation in greater detail.
I can be reached at (717) 787-0700.
Doreen A. Harr
Special Investigator
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
January 16, 2001
MIKE FISHER
ATTORNEY GENERAL Charitable Trusts and
Organizations Section
14th Fir., Strawberry Sq.
Harrisburg, PA 17120
Telephone: (717) 783~2853
Facsimile: (717) 787-1190
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Susan Ferree
7 Oak. Ave.
Enola, PA 17025
Re: Solicitation of Funds for
Charitable Purposes Act/
Information Request
Dear Ms. Ferree:
It has come to the attention of this office that Susquehanna Valley Collie & Sheltie
Rescue (SVCSR) may be conducting solicitations in Pennsylvania in violation of the
Solicitation of Funds for Charitable Purposes Act, Act of December 19, 1990, P.L. 1200, as
amended, 10 P.S. §§162.1 - 162.24 (Act). The Act requires that charitable organizations
soliciting funds in Pennsylvania register with the Department of State, Bureau of Charitable
Organizations (Bureau). Section 5(a) of the Act states that "[n]o charitable organization
shall solicit contributions or have contributions solicited in its behalf before approval of its
registration statement .... "10 P.S. §162.5(a). (Emphasis added). If your organization is
currently registered with the Bureau, please provide a copy of the registration documents.
The Act provides that some entities may be excluded or exempted from its registration
requirements. If your organization has received a determination of exemption or exclusion
or if you feel that your organization is entitled to such an exemption or exclusion, please
provide a copy of the determination or state, in writing, the basis of your claim.
Susan Ferree
January 16, 2001
Page 2
The Bureau is responsible for the registration process. You may obtain information
or request registration forms by writing or calling the following:
Department of State
Bureau of Charitable Organizations
P.O. Box 8723
Harrisburg, PA 17105
(717) 783-1720
In addition, the Act requires registration of any telemarketing firms contacting
Pennsylvania residents on your behalf. These firms must register as a professional solicitor
and otherwise comply with the Act.
This office received information that SVCSR may be operating in violation of the
Act's provisions, in order to better evaluate the merit of these allegations and determine
what action, if any, may be appropriate, it is necessary that we obtain additional
information regarding SVCSR's activities. Accordingly, pursuant to our authority under
Section 12 of the Act, 10 P.S. §162.12, you must submit to this office the following records
or information for inspection:
(If you believe any requested information does not apply to SVCSR, please state so in writing with an
explanation of why the request does not apply.)
1. Exemplary copies of bylaws, articles of incorporation and minutes of board
of directors' meetings for the period January 1, 1998, to the present.
2. Complete and accurate list of all officers, directors, trustees, employees and
volunteers for your organization, to include full name, address, title, date of
employment/service and termination (if applicable) and contact phone
number for the period January 1, 1998, to the present.
3. Describe, in detail, any methods by which your organization solicits
contributions from Pennsylvania residents or by which contributions are
solicited by another on your behalf.
4. Describe, in detail, any contests, sweepstakes, promotions, product sales or
any other events or campaigns which directly or indirectly benefit your
organization or which utilize the name SVCSR or any variation of SVCSR.
Susan Ferree
January 16, 2001
Page 3
5. Identify any person, business or other entity which is compensated, directly
or indirectly, to plan, manage, advise, consult or prepare materials for or
with respect to solicitations for your organization or which is or was
authorized to conduct or solicit contributions on SVCSR's behalf.
6. Identify any person, business or other entity which promotes, plans,
conducts or manages any contests, sweepstakes, sales promotions or other
programs which directly or indirectly benefit your organization for the period
January 1, 1998, to the present.
7. Provide complete and accurate copies of any contracts or other written
agreements or correspondence with any person, business or entity identified
in items #5 or #6. In the absence of any written contract or agreement, state
the terms of your verbal agreement or other arrangement with any such
person or entity.
8. Provide complete and accurate copies of any Internal Revenue Service (IRS)
determination letter of tax-exempt status or any notice of refusal or denial of
tax-exempt status, and a copy of IRS Form 1023, Application for Recognition
of Exemption under Section 501 (c)(3) of the IRS Code, for your organization.
If SVCSR has no such determination or has made no request for such a
determination, state so, in writing.
9. Complete and accurate copies of any written materials utilized as part of anv
solicitation in Pennsylvania on your behalf, or any contests, sweepstakes or
sales promotions to benefit your organization, including, but not limited to,
invoices, receipts, posters, letters, brochures, telephone scripts, etc. Please
include any related documents reflecting any review, modification and/or
approval of any provided materials.
10. Complete and accurate copies of any reports, settlements or other documents
which evidence revenues or contributions collected to benefit your
organization and/or expenses incurred.
11. Identify each location from which solicitations, contests, sweepstakes, sales
promotions or other activities to benefit your organization are / were
conducted, to include (If none, state so in writing):
a. complete street, city and state address;
b. complete name of the person or entity leasing or renting the
facility;
Susan Ferme
January '16, 2001
Page 4
c. name and title of the person supervising the activities;
d. a description of activities conducted them; and
e. start and, if applicable, stop date of the activities for the
benefit of your organization.
12. Identify each address, P.O. Box, telephone number, e-mail address, mail service or
caging service which receives contributions, payments or fees to benefit your
organization, 1o include (If none, state so in writing):
a. complete street, city and state address;
b. complete name of the person or business which occupies the
address;
c. a description of the services provided to your organization
from that address; and
d. start and, if applicable, stop date of the authorization to
provide services for your organization.
13. Identify each bank account to which contributions or other revenues for your
organization were deposited for the period January 1, 1998, to the present, to
include:
a. name and address of the financial institution;
b. title of the account;
c. account number;
d. date the account was opened; and
e. name and title of all authorized signers on the account.
14. Identify any other names under which your organization did business in the past or
is currently doing business.
15. Describe, in detail, any efforts made by your organization, to date, towards fulfilling
its stated charitable purpose and identify any other organization which your
Susan Ferree
Janua~ 16, 2001
Page 5
Organization assisted or with which your organization is associated. With regard to
assistance provided to any other organization(s), please provide specific details of
the type, date, and amount of assistance provided.
16. Any other documents or information which SVCSR wishes to provide for this
office's review.
We realize that this may seem to be a large amount in information and, therefore,
are willing to provide you with fourteen (14) days from your receipt of this letter to submit
these records to us. If any of the requested information is not immediately available, please
provide the available information and contact me to discuss the other material(s).
If you have any questions or concerns about enforcement of the Act or this letter,
please feel free to contact me at (717) 783-2853. I look forward to your cooperation in this
matter, and thank you for your time and attention.
Sincerely,
Rona~'cl'W. Hill
Special Investigator
RHW/srh
cc: Karl E. Emerson, Director
Bureau of Charitable Organizations
Department of State
Exhibit C
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
March 5, 2001
MIKE FISHER
ATTORNEY GENERAL Charitable Trusts and
Organizations Section
14th Fir., Strawberry Sq.
Harrisburg, PA 17120
Telephone: (717) 783-2853
Facsimile: (71 7) 787-1190
Mrs. Susan Ferme
Susquehanna Valley Collie and Sheltie Rescue, Inc.
7 Oak Lane
Enola, PA 1 7025
Re: Office of Attorney General's Review of Allegations
Dear Ms. Ferree:
This office has completed its review of your activities on behalf of the Collie Rescue
of Central PA, Inc., and the Susquehanna Valley Collie and Sheltie Rescue, Inc. After a
thorough review we have concluded that no enforcement action is warranted.
I have enclosed for your convenience a copy of the Solicitation of Funds for
Charitable Purposes Act, Act of December 19, 1990, P.L. 1200, as amended, 10 P.S. §§
162.1 - 162.24 (Act). As the President of Sheltie Rescue, I encourage you to familiarize
yourself with its provisions.
Thank you for your cooperation with this matter. Please feel free to contact me or
Special Investigator Ronald W. Hill, should you have any questions.
Senior Financial Investigator
R[S/srh
Enclosure
Exhibit
~ I;3~'B~UE SERVICE DEPARTMENT OF TREASURY
4330 Watt Avenue
North Highlands. CA 95660
SA- 6209 S. Lee
Date: January 24, 2001
Case Number: 17053291057000
Susquehanna Valley Collie & Sheltie Person to Contact: Su Yim Lee
Rescue
7 Oak Ave Employee ID Number: 95-08707
Enola, PA 17025
Contact phone number: (916)974-5361
Response Due Date: February 14, 2001
Dear applicant:
Before we can determine whether your organization is exempt from Federal income tax, we must have
enough information to show that you have met all legal requirements. You did not include the infon'netion needed
to make that determination on your Form 1023, Application for Recognition of Exemption Under Section 501(c)(3)
of the Internal Revenue Cede.
To help us determine whether your organization is exempt from Federal income tm(, please send us the
requested information by the above date. We can then complete our review of your application.
If we do not hear from you within that time, we will assume you do not want us to consider the matter
further and will dose your case. In that event, as required by Code section 6104(c). we will notify the eppropdete
state officials that, based on the information we have, we cannot recognize you as an organization of the kind
described in Code section 501(c)(3). As e result, the Internal Revenue Service will treat your organization as a
taxable entity. If we receive the information after the response due date. we may ask you to send us a new Form
1023.
In addition, if you do not provide the requested information in · timely manner, we will consider that you
have not taken all reasonable steps to secure the determination you requested. Under Code section 7428(b)(2),
your not taking all reasonable steps in a timely manner to secure the determination may be considered as failure
to exhaust administrative remedies available to you within the Sewice. Therefore, you may Jose your rights to a
declaratory judgment under Code section 7428.
If you have any questions, please contact the person whose name and telephone number are shown in
the heading of this letter.
Thank you for your cooperation.
Sincerely yours,
Su Yim Lee
Exempt Organizations Specialist
Enclosure:
Envelope, Form 8718
Letter 1312 (CG)
Susquehanna Valley Collie & Shsitie Rescue 2
Re: Application t'or Rg~ognition or'Exemption
ALL INFORMATION SHOULD BE SUBMI'i'I'ED OVER THE SIGNATURE OF AN iNDIVIDUAL HAVING
AUTHORITY TO ACT ON BEHALF OF THE ORGANIZATION.
1. Please sign end return Form 8718.
2. We have information that crfminel complaint has been filed against one or more members of the officers of
your organization. Please provide documentation of the complaint.
3. We have information lhat one or more members of the oflicere of your organization were removed es
volunteers of Collie Rescue of Central PA, Inc. due to misrepresentation and misuse of the organization's
name and property. Please explain why one or more officers of your organization were removed as
volunteers of Collie Rescue of Central PA, Inc?.
4. We have information that Susan Ferree has been collecting animals by misrepresented herself as Collie
Rescue of Central PA, Inc., and reselling them under the name of Susquehanna Valley Collie and Sheltie
Rescue. Please explain whore and how animals ere being sold.
5. How many animals have you sold through the interest or other channels?
6. How is the activity of selling animals a charitable activity?
7. We have information that Susan Ferree requested potential donors to make donations in her name. How
often does this happen? This practice does not appear acceptable, due to potential misuse of funds. How
can you insure that donations mede out to officers or other individuals will go to the organization?
8. Please note that the fair market value of payments for servic_~,~__ and products are not considered donation.
How many adoptions have been made without payment of "adoption donations'?
9. Please explain how adoption donations ars determined. How is this amount mede known to the general
public?
10. Please explain how your activities are different from for-profit pet shops that sale pets?
11. How many hours a week do Susan and George Ferrse devote to the organization? Please describe any
outside employment and the couple's source of financial support.
12. Please supply copies of literature regarding your organization including, but not limited to, newsletters,
newspaper articles, brochures, pamphlets, solicitations for donations, etc.
13. Section 1.501(c)(3)-1(D)(1)(ii) of the Income Tax Regulations states that an organization which serves
private interests rather than public purposes does nc~ qualify for exempt status. To ensure that your
organization will service public interests, you should modify your Board of Directors to place control in the
hands of unrelated individuals selected from the community you will serve. Please submit the names and
qualifications of the new Board members, as well as statement signed by each that they will lake an active
part in your operations.
14. To be considered for tax-exempt status under section 501(c)(3), an organization must be both organized
and operated exclusively for one or more of the purposes specified in that section. Also, its activities must
be restdctad to those permitted a section 501(c)(3) organization and its assets in operation and upon
dissolution must be permanently dedicated to a section 501(c)(3) purpose. Your organizational document
does not meet the organization test of section 501(cX3) and, therefore, must be amended. Please add the
three paragraphs below to your existing provisions. Please note that amendments made by corporations
must be approved by, or filed with the appropriate state official. Please submit a copy of the approved
amendment as soon as you receive it from the apprepdate state agency.
"This organization is organized and operated exclusively for charitable and educational purposes within
Susquehanna Valley Collie & Shalfie Rescue
Re: Application t'or Recognition of Exe3aption
the meaning of section 501(c)(3) Internal Revenue Coda."
"Nolwithstending any other provision of these articles, The organization shall not carry on any other
activities not permitted to be carried on by an organization exempt from Federal income tax under section
501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United
States Internal Revenue law) or by an organization contributions to which are deductible under section
170(cX2) of the Internal Revenue Code of 1986 (or CO;Tesponding provision of any future United States
Internal Revenue law)."
"Upon the dissolution of this organization, assets shall be dislributed for ane or more exempt purposes
within the meaning of section 501(c)(3) of the Internal Revenue Code (or corresponding section of any
future federal tax code), or shall be distributed to the Federal government, or to a state or local
government, for a public purpose. Any such assets not so disposed of shall be disposed by the Court of
Common Pleas of the county in which the principal office of the Association is then located, exclusively for
such purposes or to such organization or organizations as said Court shall determine, which are organized
and operated exclusively for such put13oses."
Susquehanna Valley Collie & Sheltie Rescue
7 Oak Avenue
Enola, PA 17025
April 16, 2001
Su Yim Lee
Exempt Organizations Specialist
Internal Revenue Service
Department of Treasury
4330 West Avenue
North Highlands, CA 95660
CASE No.: 1705329105700
Dear Su Yim Lee:
Enclosed please find our responses to your data requests as contained in you letter
dated January 24, 2001.
If you have any questions regarding this request, please feel free to contact me at
(717) 766-6110.
Thank you in advance for your prompt attention to this matter.
Respectfully submitted,
Mrs. Susan L. Ferree, President
Susquehanna Valley Collie
& Sheltie Rescue
Islf
enclosures
RESPONSE TO EXHIBIT D
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-1. Please sign and return Form 8718.
Resoonse: Form 8718 has been signed and return, via the pre-addressed envelope on
Friday, February 9, 2001.
Susquehanna Valley Coflie & Shaitie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-2. We have information that criminal complaint has been filed against one or
more members of the officers of your organization. Please provide
documentation of the complaint.
Reseonse: Enclosed please find IRS attachment 2.1, which is a letter received from Mr.
Ronald W. Hill, Special Investigation, Commonwealth of Pennsylvania,
Office of the Attorney General, Charitable Trusts and Organizations Section,
14"' Floor, Strawberry Square, Harrisburg, PA. IRS attachment 2.2 is
SVCSR's response to Mr. Hill's requests.
Also, enclosed is a copy of the followup letter from the Office of the Attorney
General regarding the disposition of the inquiry and identified as 2.3.
Please supply any other specific information regarding this request, such as,
odgin of complaint, criminal charges alleged, individuals involved, and any
documentation available.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-3. We have information that one or more members of the officers of your
organization were removed as volunteers of Collie Rescue of Central PA,
Inc. due to misrepresentation and misuse of the organization's name and
property. Please explain why one or more officers of your organization were
removed as volunteers of Collie Rescue of Central PA, Inc?
Resoonse: Currently, we have received no formal or informal documentation or
notification to substantiate that one or more members of the officers of our
organization were removed as volunteers of Collie Rescue of Central PA,
Inc.
Please supply any other specific information regarding this request, such as,
name(s) of individuals removed as volunteers of Collie Rescue of Central
PA, Inc., reasons for removal, when removal occurred, documentation of
notification of removal, and any documentation which would be helpful in
preparing a response to this request.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-4. We have information that Susan Ferree has been collecting animals by
misrepresenting herself as Collie Rescue of Central PA, Inc. and reselling
them under the name of Susquehanna Valley Collie & Shelfie Rescue.
Please explain where and how animals are being sold.
Response: Please refer to the response to question IRS-2. More specifically question
15, SVCSR response, and SVCSR accompanying attachment !5.2 for
details on origin of all rescues.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-5. How many animals have you sold through the intemet and other channels?
Response: No collies or shelties have been sold through the internet or other channels.
We currently post our available collies and shelties on ~ as
does over 2,000 other shelters, humane societies, and rescues. Each
inquiry is sent an edoption request (attachment IRS 5.1). Applications, when
returned, are screened, references called, and home inspections performed
by members of the SVCSR.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-6. How is the activity of selling animals a charitable activity.
Resoonse: Please see IRS attachment 6.1 - Mission Statement. We do not sell animals.
We ask for an adoption donation to continue to help rescue, rehabilitate, and
nurture abandoned, neglected and abused collies and shelties. Also, please
refer to IRS-2, IRS attachment 2.2. More specifically Office of Attorney
General question 3 and accompanying attachment 3.1 for a detailed listing
of adoptions donations, private donations, and expanses incurred dudng the
period June 2000 through December 2001. Many of our rescues have been
from shelters and had special needs, such as, elderly, health, handicapped,
or behavioral problems and were considered unadoptable and would surely
have been euthanized by the shelter.
Our rescue takes these collies and shelties into our foster network and
provides veterinarian care (spay and neuter, if necessary), food, a loving
environment, and loving and kind care. We evaluate each rescue for a
minimum of two (2) weeks. Application for adoption are reviewed and the
approved applicant is offered the collie or sheltie that would best fit their
family.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-7. We have information that Susan Ferrse requested potential donors to make
donations in her name. How often does this happen? This practice does not
appear acceptable, due to the potential misuse of funds. How can you
insure that donations made out to officers or other individuals will go to the
organization?
Resoonsa: Please refer to IRS-2, attachment 2.2, more specifically, Office of Attorney
General question 3 and accompanying attachment 3.1 and Office of Attorney
General question 13. A total of $292 was collected prior to when a checking
account was officially opened for SVCSR. Datails of the disposition of thesa
monies are included on Office of Attorney General attachment 3.1.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-8. Please note that the fair market value of payments for services and products
are not considered donation. How many adoptions have been made without
payment of 'adoption donation'.
Reseonse: SVCSR has placed two rescues in forever homes and received NO adoption
donation. Please find attached the adoption agreement for LaCota
(identified as IRS attachment 8.1 ) and the adoption agreement for Jesse
(identified as IRS attachment 8.2) which been executed and accepted by our
rescue.
Please provide us with what would be considered "fair market value" of a
collie or sheltie. The SVCSR asks for a donation fee of $150.00. More often
then not, the adoption fee does not cover the expenses associated with the
rescue process.
We are a non-profit corporation and tax exempt corporation registered in
State of Pennsylvania and all monies received are used to cover expenses
incurred by rescue operations. There is no rescue that we are aware of that
DOES NOT charge an adoption fee, otherwise, howwould a rescue continue
operations.
Also, please refer to IRS-2, attachment 2.2, and more specifically Office of
Attorney General question 1, attachment 1.2.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-9. Please explain how adoption donations am determined. How is this amount
made known to the general public?
Response: The adoption fee of $150 was determined to be consistent with the costs of
veterinarian, food, and care of each rescue, but the fee varies depending
upon the age, health, and disposition of a given dog. Each rescue is unique
in circumstance and cost. On averege veterinarian costs average $115-125
for care of a healthy unaltered, unimmunized collie or sheltie rescue. The
remainder is used for grooming, bowls, collars, harnesses, etc.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-10. Please explain how your activities are different from for-profit pet shops that
sale pets?
Resoonse: Pet stores sell pets for substantial amounts, most in excess of $500. These
pets come with pedigrees, and are generally puppies, unaltered, and require
additional medical immunizations. As a generalization, if a perspective
customers has the asking price for a pet in a pet store, they go home with a
pet.
Our rescue asks for an adoption fee of $150, we rarely have a rescue under
the age of 2 years, most rescues have physical or behavior special needs,
and we screen our homes much more thoroughly than pet stores, before
placing our rescue. If for some reason, the adoption does not work out, we
accept the collie or sheltie back into the rescue network - a pet store
operates on a ~fair market value for services and products'.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-11. How many hours a week do Susan and George Fen'se devote to the
organization. Please describe any outside employment and the couple's
source of financial support.
Resoonsa: On average, during weekdays, at least two to throe hours each day is spent
on the caro and upkeep of rescue operations.
Susan and George Ferroe have each been employed by their current
employers for nearly 20 years. A 1999 Federal Income Tax return is on file
with the IRS and reflects income from their employment.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-12. Please supply copies of literature regarding your organization including, but
not limited to, newspapers, newspaper articles, brochures, pamphlets,
solicitations for donations, etc.
Resoonse: Please refer to IRS-2, attachment 2.2 and more specifically to the Office of
Attorney General question 9 and accompanying attachments 9.1 and 9.2.
No newsletters, newspaper articles, brochures, pamphlets currently exist.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-13. Section 1.50(c)(3)-1(D)(1)(ii) of the Income Tax Regulations states that an
organization which serves private interests rather than public purposes does
not qualify for exempt status. To ensure that your organization will service
public interests, you should modify your Board of Directors to place control
in the hands of unrelated individuals selected from the Community you will
serve. Please submit the names and qualifications of the new Board
members, as well as statement signed by each that they will take an active
part in your operations.
Reseonse: Please be advised that until January 27, 2001, NO Board members were
nominated or approved, due to serious illness within the Ferree family.
During the meeting of January 27, 2001, Board members were nominated
and voted upon. Refer to IRS-2, attachment 2.2, and more specifically to the
Office of Attorney General's question 1 and accompanying attachment 1.3
for minutes of the January 27, 2001 meeting and Board members.
SVCSR has also joined the Pennsylvania Association of Non-Profit
Organizations (PANO). We have consulted with PANO and have attached
a copy of our new by-laws (attachment IRS 13.1 ) which were approved at a
March 29, 2001 meeting.
Susquehanna Valley Collie & Sheltie Rescue
RE: Application for Recognition of Exemption
Case No. 17053291057000
IRS-14. To be considered for tax-exempt status under section 501(c)(3), an
organization must be both organized and operate exclusively for one or more
of th purposes specified in that section. Also, its activities must be restricted
to those permitted a section 501(c)(3) organization and its assets in
operation and upon dissolution must be permanently dedicated to a section
501(c)(3) purpose. Your organization document does not meet the
organization test of section 501(c)(3) and, therefore, must be amended.
Please add the three paragraphs below to your existing provisions. Please
note that amendments made by corporation must be approved by, or filed
with the appropriate state official. Please submit a copy of the approved
amendment as soon as you receive it from the appropdete state agency.
Resoonse: Please refer to IRS-13, attachment IRS 13.1, which contained the new by-
laws for SVCSR. These by-laws have also been amended to reflect an
updated Article 13 - Dissolution of Corporation in accordance to IRS
verbage. These by-laws will also be supplied to the Department of State in
accordance with our Pennsylvania Tax Exempt status.
On the advice of the Pennsylvania Association for Non-profit Oganizations
(PANO), SVCSR has also amended Article 13 to reflect changes as per IRS
recommendations.
Susquehanna Valley Collie & Sheltie Rescue {SVCSR)
A Pennsylvania Nonprofit Corporation
BY LAWS
Adopted - April 30, 2000
ARTICLE I - PURPOSES
1.1 The purposes of the organization are set forth in the Articles of Incorporation.
ARTICLE II - OFFICE
2.1 The registered office of the Corporation shall be at such location in Pennsylvania as the
Board may from time to time determine.
2.2 The Corporation may also have offices at such other places as the Board may select and
the business of the Corporation may require.
ARTICLE III - ME~JBER$
3.1 Qualifications. Currently SVCSR is not a membership organization.
3.2 Annual Meetinos. The annual meeting shall be held as determined by the Board. At the
annual meeting, election of directors and transaction of such other business as may be
properly brought before the meeting.
3.5 Soecial Meetinos. Special meetings shall be celled by the Board or at the written request
of ten percent (10%) of the volunteers. At least ten (10) days notice stating the time, place
and purpose of any special meeting shall be given to the volunteers entitled to participate.
3.6 Quorum. Those volunteers present at a meeting shall constitute a quorum for the
transaction of business at the meeting.
3.7 ~Any absent volunteer eligible to vote at any meeting of volunteers may be
represented and may vote at such a meeting by proxy authorized in writing. Such written
authorization must specify the matter or matters with respect to which the proxy is granted
and the person entitled to vote, must be signed and dated by the volunteer granting the
proxy, and must be filed with the Secretary of the Corporation.
3.8 Exoulsion from Oroanization. Any volunteer may be expelled f~om the organization,
without the assignment of any cause, upon an affirmative vote of two-thirds (2/3) of the
Board of Directors at a meeting of the Board, provided that written notice of the intention to
expel and reasons therefore have been provided to the volunteer. No volunteer shall be
expelled without having the opportunity to be heard at such meeting, but no formal hearing
procedure need be followed.
ARTICLE IV - SEAL
4.1 If a Corporate Seal is deemed to be necessary, it shall be in a circular form and shall bear
the name of the Corporation and the words "Corporate Seal, Pennsylvania 2000".
ARTICLE V - BOARD OF DIRECTORS
5.1 Mananement. The business and affairs of the Corporation shall be managed by the Board
of Directors. The powers of the Corporation shall be exercised by the Board except as
otherwise authorized by statute, these Bylaws or a resolution duly adopted by the Board.
5.2 Qualifications of the Board of Directors. Each Director shall be an individual of full age who
need not be a resident of Pennsylvania. A majority of the Board shall be representatives of
volunteers.
5.3 Number of Directors. The Board shall consist of not less that three (3) nor more than nine
(9) persons, the exact number of which shall be fixed from time to time by the Board of
Directors.
5.4 Election and Terms of Office. Directors shall be elected by the volunteers at the annual
meeting of volunteers and shall serve three-year staggered terms, an approximately equal
number of which shall expire each year. Each Director shall hold office until the expiration
of the term for which he or she was elected and until his or her successor has been
elected and qualified, or until his or her earlier death, resignation or removal.
5.5 Removal of Directors. Any Director may be removed from office for cause by a vote of a
majority of all other Directors at a regular or special meeting of the Board, provided that
written notice of the intention to consider removal of a Director has been included in the
notice of the meeting. No Director shall be removed without having the opportunity to be
heard at such meeting, but no formal hearing procedure need to be followed.
5.6 Quorum. Forty percent (40%) of the volunteers of the Board shall constitute a quorum for
the transaction of business at any meeting. The acts of the majority of the Board present at
a meeting at which quorum is present shall be the acts of the Board.
5.7 Unanimous Consent of Directors in Lieu of Meetino. Any action which may be taken at a
meeting of the Board may be taken without a meeting, if a consent or consents in writing
setting forth the action so taken shall be signed by all of the Directors in office and shall be
filed with the Secretary of the Corporation.
5.8 ~Every Director shall be entitled to one vote in person.
5.9 ~J3~iL~0.g~The annual meeting of the Board shall be held not more than thirty (30)
days after the annual meeting of the volunteers.
5.10 ~ Regular meetings of the Board shall be held at least quarterly and as
otherwise determined by the Board.
5.1 ' lJ~J~Special meetings of the Board may be Celled by the President or by
one-third (1/3) of the Board at any time. At least ten (10) days notice stating the time, place
and purpose of any special meeting shall be given to volunteers of the Board.
5.12 ~ WI?eh a.meeting is adjourned, it shall not be necessary to give any
no[ice ot the adjoume~ meeting or of the business to be transacted at an adjourned
meeting, other than by announcement at the meeting at which such adjournment is taken.
ARTICLE VI - COMMITTEES
6.1 ~The Board may, by adoption of a resolution, establish one (1) or more
other committees to consist of one (1) or more Directors of the Corporation. Any such
commiffee, to the extent provided in the resolution of the Board, shall have and may
exercise all of the powers and authority of the Board, except that no committee shall have
any power or authority as to the following:
(A) The filling of vacancies on the Board.
(B) The adoption, amendment or repeal of the Bylaws.
(C) The amendment or repeal of any resolution by the Board.
(D) Action on matters committed by the Bylaws or by resolution of the Board to another
Committee of the Board.
ARTICLE VII - OFFICERS
7.1 Number and Oualificetions of Officers. The Officers of the Corporation shall include a
President, one or more Vice Presidents, a Secretary and a Treasurer and such other
officers whose positions shall be created from time to time by the Board. A person may
hold more than one office except that the same person may not be President and
Secretary.
7.2 Election and Term of Office. OffiCers shall be elected by the Board from among the
volunteers of the Board at the annual meeting of the Board and shall serve for a term of
one (1) year and until their successors are elected and qualified. Officers may be elected
for consecutive terms.
7.3 Duties. The duties of the Officers shall include the following:
(A) The President shall preside et all meetings of the volunteers and Directors; shall
generally supervise of the business of the Corporation; and shall execute
documents on behalf of the Corporation. The President shall be an ex-officio
volunteer of every Corporation committee. The President shall appoint volunteers of
all committees which are created by the Board.
(B) A Vice President shall have such powers and perform such duties as the Board of
Directors may prescribe or as the President may delegate.
(C) The Secretary shall assure that minutes are prepared and maintained for all
meetings of the Board and the volunteers; shall assure that appropriate notice is
given for all meetings of the Board and volunteers; and shall perform such other
duties as may be prescribed by the Board or by the President.
(D) The Treasurer shall assure that accurate accounts of the receipts and
disbursements or the Corporation are maintained; shad cause financial reports to be
provided to the Board and the volunteers; and shall perform such other duties as
may be prescribed by the Board or by the President.
7.4 ff~EL~r~ Any Officer or agent may be removed by the Board whenever in its
judgement the best interests of the Corporation will be served thereby, but such removal
shall be without prejudice to the contract rights of any person so removed.
ARTICLE VIII - VACANCIES
8.1 Reeionations. Any volunteer, Director or otficar may resign such position at any time by
written notice to the Board. Such resignation shall take effect from the time of its receipt by
the Corporation, unless some later time may be fixed in the resignation. Acceptance by
the Board shall not be required to make a resignation effective.
8.2 .F~lf the position of any Director or officer becomes vacant, by an increase
in the number of Directors or officers, or by reason of death, resignation, disqualification or
otherwise, the remaining Directors may choose a successor or successors who shall hold
office for the unexpired term.
ARTICLE IX - MEETINGS AND NOTICE
9.1 Place ~Meetings may be held at such place within or without Pennsylvania
as the Board may from time to time determine.
9.2 Notice. Notice may be given to any person either (a) personally, (b) by sending a copy
thereof by first class mail, or by electronic transmission to the address appearing on the
books of the Corporation or supplied to the Corporation for the purpose of notice by such a
person, or (c) by telephone. If the notice is sent by mail or electronic transmission, it shall
be deemed to have been given when deposited in the mail or transmitted. Such notice will
specify the place, day and hour of the meeting and in the case of a special meeting or
where otherwise required, the general nature of the business to be transacted.
9.3 Waiver of Notice. Any required notice may be waived by the written consent of the person
entitled to such notice, and attendance of a person at any meeting shall constitute a waiver
of notice of such meeting, except where a person attends a meeting for the express
purpose of objecting to the transaction of any business because the meeting was not
lawfully called or convened.
ARTICLE X - INDEMNIFICATION
10.1 ~A Director shall not be personally liable for monetary damages as Director
for any action taken, or any failure to take action, unless:
(A) the Director has breached or failed to perform the duties of Director in accordance
with the standard of conduct contained in Section 5712 of the ACt and any
amendments and successors acts thereto; and
(B) the breach or failure to perform constitutes serf-dealing, willful misconduct or
recklessness; rovided however the foregoing provision shall not apply to:
(I) the responsibility or liability of a Director pursuant to any criminal statute or
(ii) the liability of a Director for the payment of taxes pursuant to local, state or
federal law.
10.2 Indemnifications. The Corporation shall indemnify any officer or Director who was or is a
party or is threatened to be made a party to any threatened, pending or completed action,
suit or proceeding, whether civil, criminal, administrative or investigative, (and whether or
not by, or in the right of, the Corporation) by reason of the fact that such person is or was a
representative of the Corporation, against expense (including attorney's fees), judgements,
fines and amounts paid in settlement actually and reasonably incurred in connection with
such action or proceeding if such person acted in good faith and in a manner he or she
reasonably believed to be in, or not opposed to, the best interests of the Corporation, and
with respect to any criminal preceeding, had no reason to believe such conduct was illegal,
previded, however, that no person shall be entitled to indemnification pursuant to this
Article in any instance in which the action or failure to take action giving dse to the claim
for indemnification is determined by a court to have constituted willful misconduct or
recklessness; and provided, further, however, in instances of a claim by or in the right of
the Corporation, indemnification shall not be made under this section in respect to any
claim, issue or matter as to which the person has been adjudged to be liable to the
Corporation unless and only to the extent that the court of common pleas of the judicial
district embracing the county in which the registered office of the Corporation is located or
the court in which the action was brought determines upon application that, despite the
adjudication of liability but in view of all circumstances of the case, such person is fairly
and reasonably entitled to indemnity for such expenses that the court of common pleas or
other court shall deem proper.
10.3 Procedures. Unless ordered by a court, any indemnification under Section 10.2 or
otherwise permitted by law shall be made by the Corporation only as authorized in the
specific case upon a determination that indemnification is proper in the circumstances
because he or she has met the applicable standard of conduct set forth under that section.
Such determination shall be made:
(A) by the Board of Directors by a majority vote of a quorum consisting of Directors who
are not parties to the action or proceeding;
(B) if such quorum is not obtainable or if obtainable and a majority vote of a quorum of
disinterested Directors so directs, by independent legal counsel in a written opinion;
or
(C) by the volunteers.
10.4 Advancement of Excenses. Expenses incurred by a person entitled to indemnification
pursuant to this Article or otherwise permitted by law in defending a civil or criminal action,
suit or proceeding, may be paid by the Corporation in advance of the final disposition of
such action, suit or procccding upon receipt of an undertaking by or on behalf of such
person to repay the amount so advanced if it shall be ultimately be determined that such
person is not entitled to be indemnified by the Corporation.
10.5 Continuino Rioht to Indemnification. The indemnification and advancement of expenses
provided pursuant to the Article shall continue as to any person who has ceased to be an
officer or Director of the Corporation and shall inure to the benefit of the heirs, executors
and administrators of such person.
10.6 ~This Art,:le shall not be exclusive of any other right which the Corporation
may have to indemnify any person as a matter of law.
ARTICLE Xl - AMENDMENTS
11.1 The Articles of Incorporation or Bylaws of the Corporation may be amended by a majority
vote of those volunteers present at any duly convened meeting of volunteers after notice of
such purpose has been given.
11.2 The Bylaws may be amended, to the extent not prohibited by law, by a majority vote of all
Directors in office at any duly convened annual, regular or special meeting of Directors
after notice of such purpose.
ARTICLE Xll - MISCELLANEOUS
12.1 Fiscal Year. The fiscal year of the Corporation shall be determined by the Board.
12.2 The Corporation shall be authorized, by resolution of the Directors, to accept subventions
on terms and conditions not inconsistent with the Act and to issue certificates therefore.
ARTICLE Xlll - DISSOLUTION OF ORGANIZATION
13.1 This organization is organized and operated exclusively for charitable and educational
purposes within the meaning of section 501(c)(3) Internal Revenue Code.
13.2 Notwithstanding any other provision of these articles, the organization shall not carry on
any other activities not permitted to be carried on by an organization exempt from Federal
income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any futura United States Internal Revenue law) or by an
organization contributions to which are deductible under section 170(c)(2) of the Internal
Revenue Code of 1986 (or corresponding provision of any future United States Intemal
Revenue law).
13.3 Upon the dissolution of this organization, assets shall be distributed for one or more
exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code (or
corresponding section of any future federal tax code), or shall be distributed to the Federal
government, or to a state or local government, for a public purpose. Any such assets not
so disposed of shall be disposed by the Court of Common Pleas of the county in which the
principal office of the Association is then located, exclusively for such purposes or to such
organization or organizations as said Court shall determine, which ara organized and
operated exclusively for such purposes.
Adopted: April 30, 2001
CERTIFICATE OF SERVICE
I, John D. Sheridan, Esquire, hereby certify that I have served a true and correct copy of the
foregoing document by depositing such in the regular U.S. Mail, addressed as follows:
John M. Ogden, Esquire
Holt & Ogden, LLP
34 North Queen Street
York, PA 17403
? / Harrisburg, PA 17110
(7 7) 540-9 70
Dated: Suly 18, 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-SU-3217--CIVIL
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
NOTICE TO PLEAD ... _o 5/
TO: JOHN D. SHERITAN, ESQUIRE '?..-. '
COUNSEL FOR DEFENDANTS ,~ .~'
2080 LINGELSTOWN ROAD
SUITE 201 /
HARRISBURG, PA 17110
You are hereby notified to file a written response to the enclosed
petition within twenty (20) days from services hereof or judgment may be
entered against you.
Respectfully Submitted,
HOLT & OGDEN, LLP
~ueen Street
q'Bi~,~A~ 7403
(717) 846-0550
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
.~.~. j~ ~ -F".~.._
COLLIE RESCUE OF CENTRAL NO. 2001-SU-3217-CIVIL
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE, --.,
Husband and Wife, and TAMMY BEHRENS, ~-~. ii_: ~/~'
CAROL WAGNER & GRACE GILBERT, --~' ~.'
Defendant. ~n
ANSWER TO MOTION FOR PROTECTIVE ORDER-
DATED JULY 16, 2001
NOW COMES the Plaintiff, COLLIE RESCUE OF CENTRAL PA, INC., by
its counsel and files this Answer in response to the Motion for Protective Order
file July 1, 2001 by the Defendants and in response to the Rule to Show Cause
entered by the Court on July 25, 2001, per the Honorable Kevin K. Hess, Judge:
1. No answer is required. The purpose of the deposition is to prepare for
the filing of a complaint which is authorized under Pa.R.C.P. 4007.1(c).
2. The issues that were referred to the Attorney General and the IRS were
never completely investigated. The Plaintiff has witnesses who represented that
they had information but were never contacted by either office who were
supposedly investigating the matter. ~'8091 0B0~55
3. The Plaintiff is not required to file a complaint until it completes its due
diligence and conducts a deposition so that the correct causes of action may be
stated and the correct Defendants may be named. Counsel for the Defendants
has indicated that he will seek attorney's fees for any frivolous actions which are
filed. In order to file a well pleaded complaint, we need to take the depositions
and request the documents stated in the Notice of Deposition.
4. Admitted.
5. Admitted. The persons named in the Notice of Deposition were asked
to leave the corporation on or about April 13, 2000 due to the fact that they were
improperly taking dogs and donations from the corporation. For example,
Susan Ferree took a dog from a private owner and represented that it was taken
by the corporation, when in fact she took it herself personally and sold the dog
to another party. The corporation never had any involvement with the dog.
When this fact was learned, she was asked to leave the agency.
6. Denied. The Plaintiff simply wants to obtain any donations in money
and in kind and dogs intended for the Plaintiff corporation and which were
converted by the Defendants to their own use. The Plaintiff needs to find out
the extent of the misrepresentation which was conducted by the Defendants
both before they formed a new corporation and possibly afterwards.
7. The letters to the Defendants wer~ose of asking them to
stop representing themselves as Collie Rescue of Central PA, Inc. improperly
2
and to stop taking donations meant for the Collie Rescue of Central PA, Inc. and
using those donations for their own personal use.
8. Denied. The Defendants have never responded adequately to any of
the allegations.
9. It is true that the Plaintiff went through the proper channels to try to
stop the Defendants from diverting funds from the Collie Rescue of Central PA,
Inc. and also to stop misrepresenting themselves as being a part of the Collie
Rescue of Central PA, through the use of bogus business cards, letter head and
other bogus identifying items.
10. Admitted.
11. Denied. These investigations were made by the agencies for the stated
purposes in their letter.
12. It is admitted that the Attorney General found no reason to prosecute
the Defendants. It is denied that the Defendant have not converted the
donations of Collie Rescue of Central PA, Inc. to their own use and represented
themselves as members of Collie Rescue of Central PA, Inc., using bogus
business cards.
13. Denied. The IRS was contacted by the Plaintiff for the purpose of
objecting to the tax exempt status of their ci~.~[~i,~~
14. Denied. The IRS had to make a determination as to whether the
3
organization was tax exempt entity.
15. Admitted. It is true that one or more of the Defendants were asked to
leave the Collie Rescue of Central PA, Inc. due to misuse of the organization
name, failure to follow procedures and converting of donations to their own use.
16. Admitted.
16A. Susan Ferree was doing these things but the Plaintiff is not
sure to what extent and not sure who her accomplices may be. Susan
Ferree never answered the allegation. In her purported answer, found at
Exhibit of the Motion, Answer IRS-4, she refers to IRS-2 and to attachment
15 and 15.2. IRS-2 never answered the allegation, it simply restates that
the Attorney General refused to prosecute. Attachments 15 and 15.2 were
not attached to the Motion at all.
16B. Susan Ferree never explained why she made business cards
using the name, Collie Rescue of Central, PA, Inc. with her telephone
number on it and collected donations on her own which were never
turned over to the "real" Collie Rescue of Central PA, Inc. See copy of
bogus business card, attached hereto and made a part hereof as Exhibit
"B'. This card shows a bogus and unauthorized e-mail address and
telephone number, i' 8091 0 B~ 155
16C. Also see a poster made by Susan Ferree using Collie Rescue of
4
Central PA, Inc.'s logo and name, but with an unauthorized telephone
number and e-mail address. Attached hereto as Exhibit "C'.
16D. Another example: On October 27, 1999, Susan Ferree picked-
up a dog, Daniel from the East Shore Humane Society under the name
Collie Rescue of Central, PA, and representing the corporation. This was
an improper pick-up since the dog was not a collie, but an Eskimo Dog
Mix. See copy of Pet Adoption Contract, dated October 27, 1999, attached
hereto as Exhibit "D". It was also improper since all dog pick-ups must
go through the corporation since the Dog Law requires records to be kept
of dogs picked-up and adopted out. When the corporation found out that
the dog was taken, Thom Lewis inquired where is the dog? About a
month later, Thom Lewis learned that Susan Ferree had the dog. Later, he
found the dog on the web site of Petfinder. Org. The dog is listed as being
for sale by the Susquehanna Valley Collie & Sheltie Rescue. And, the
same telephone number, (717) 766-6110 was listed on the Petfinder. Org
website. This number had been used on Bogus Business cards. See
Petfinder.Org website page, dated 7/3/00, attached hereto and made a
part hereof as Exhibit "E'. The adoption records were obtained from the
East Shore Shelter who had them waiting for the Attorney General to pick-
.
, o91080 Le ords
up. The Attorney General never p~cKec~- up and never
investigated it.
17. Admitted. This is a true allegation and we wish to inquire into this at
the deposition so that we can learn the extent of the misuse of donations. For
example, attached hereto as Exhibit "A", is an e-mail from Susan Ferree dated
4/13/00, wherein she was soliciting donations, in her own name, and
representing that they were for Collie Rescue of Central PA, Inc. Susan Ferree
never answered the allegation.
18. Denied. Representative of the IRS advised the Plaintiff's director,
Thom Lewis that he was such a small charity it had neither resources nor the
incentive to investigate further. There was never any documentation that the
Plaintiff received that the allegations were unwarranted. Apparently, other
persons or corporations filed complaints against SVCSR and on May 7, 2001,
those were investigated. The Plaintiff has no irrformation about the outcome of
the investigation. To our knowledge, the Defendants have never had to account
for the dogs that it picked-up using the name Collie Rescue of Central PA, Inc.
19. Dertied. The Plaintiff needs the information requested in the Notice of
Deposition in order to file a well pleaded complaint and in order to name the
wrong-doers. Since the Plaintiff was placed on notice that the Defendant's
intend to file a complaint against them for ~s and other sanctions,
2-8091080155
the Plaintiff has every reason to take pre-complaint discovery prior to filing its
6
lawsuit. It is authorized under the Rules of Civil Procedure.
20. Denied. The allegations were never properly answered. The Plaintiff
has no intent to harass anyone. However, the Plaintiff has a right under the
Rules of Civil Procedure to obtain pre-complaint discovery. The Notice of
Deposition was detailed and consistent with the causes of action for conversion,
misrepresentation, theft, fraud and interference with a business relationship.
Under the Dog Law, Section 459-207(c), every keeper of a kennel shall maintain
records for each dog kept for a period of two years. This includes whom the dog
is adopted out to and their name and address. The state dog law office supplies
kennels with the ledger for this purpose. Accordingly, most of the records
requested should be at the fingertips of the Defendants.
WHEREFORE, the Plaintiff requests that this Honorable Court permit the
depositions to go forward and deny the request for a protective order.
NEW MATI~ER
21. The only person to sign the verification was Susan Ferree.
22. The Motion for Protective Order should be stricken as to all
Defendants except for Susan Ferree under Pa.R.C.P. 1024.
2'8091080q55
WHEREFORE, the Plaintiff respectfully requests that this Honorable
Court strike the Motion for Protective Order against all Defendant except Susan
Ferree for failing to file a verification.
Respectfully Submitted,
HOLT & OCpDEN, LLP
BY: ~
J~ M~gden
A't~?ney at Law
34 North Queen Street
York, PA 17403
(717) 846-0550
2'809108 q55
SubJ: I~: donation
Date: 4/13/00 4:53:54 PM Placigc [~ylLgllt 'time
I=fom: Stnaxy
To: LI NAN~Y
CC: RescueCol
Plemle make it a mode.t amount .nd I will purcll~e ixtxluct~ from the 8pecialbt Bakmy in MalysMIle. ~ have a small
bakmy outlet them and I will purchale Items on your behalf to dmmte. $o I gueee you can make it to me, and I will Ixodde
you Mth · recei~ for your recoils.
111~1ks tx yours end Kedn~ continued .~q~xt of the rescue, ii me.r4 a lot to me -, wMI .. 1bom tll~ we h~e kin]lies like
you~ IrmMd. Hem ~ grM~ time ov~ the n~t bw msek~ ,mci enjoy th~ one year old gnmd ImbY-
By the v,~f, I ,mt sum I dM net mention this. but Geo mci I will be grandparents .ommime I,,*. In Augmt. Our olcl~t
dlugMer hid alked us n(~ to se/InytNng until Mierthe II~t three moMh., well we ere m ~ ~ ~ M b ~- Ihope
Its W gld. i just Iow to buy all those cute, tliy dresses.
P.S. And thanks again.
o9 O80 55
Susan I- Ferree
Foster Home Coordinator
2'8091080155
Adoption Requirements:
~. Must own home
2. Must be an inside pet
3. No children under 9yrs old
CO[~t~ Ca~~-6110
O~ ~td, P&~. WWW..collie.rescue.org
e.mail: collie_respa~_,hotmail, com
~I FR;,; I~,], 7i? 56~ ;86? F, 02
0CT-~5-'30 5I. tl 1;:4B RM ~IUM~NE SOOIETY/HBG
L' .....('~,¢~,c¢ '~<,,,,'-'~C..~.,,.,' ,':'~'~_,'l~t.l' ¢.._,~ ',[ .~. "~.-ofu
C(}NSI '1 ,T YOUR VI(TERINA RIAN &BOUT
,- Petflnder PetNotes Page ! of I
eisouec~s
-o: ......
SU~ OUR S~N~
Free Education in Your Inbox ~top~a
} your email addm~
If ~ =~ ~ii~, p~ ~ G~ ~us FRE~
Send on e-gi~ ce.~ficote ~t~halink~t~
to o homeless pet ~n~k. ThB~II
click ~ ~ ~om a~ ~e Kil d ~4 our ~s.
~vr IKal ~ and mc~
Pet Notes
Daniel
Dog
Amefi~n Eskimo D~
Size: Medium
Age: A~ult
~ex: Male
I.D:
No~s: Dsniel is a 4 year old Amefi~n Eskimo/~heltie mix. 5usq.ue~afl~a
S~elfie Rescue
Enola,
~i,e~. a~ st~x~ag.l.~
~f_e_v!ou_~ R_et_um_.&p.kq_de_x_ _Ne_~
8091080155
http.../pet .cgi?action=2&pet=gGSOS&SessionlD=39613 t~032dt9601 &display=&previcw=&row= 7/3/00
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-SU-3217-CIVIL
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREA and SUSAN FERREA,
Husband and Wife, and TAMMY BAHRAINI$,
CAROL WAGNER & GRACE GILBERT,
Defendant.
VERIFICATION
The statements contained in this pleading are those of my attorney,
however, I have reviewed the complaint and verify that the averment or
denial contained therein are true and correct to the best of my personal
knowledge or information and belief. The undersigned understands that
false statements herein are made subject to the penalties of 18 Pa.C.S. Sec.
4904, relating to unsworn falsification.
Date: ~ ~o0 ~ TH~~i~WiS
PRESIDENT
COLLIE RESCUE OF CENTRAL
-PAr TNTC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-SU-3217-CIVIL
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREA and SUSAN FERREA,
Husband and Wife, and TAMMY BAHRAINIS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
CERTIFICATION OF SERVICE
I am the attorney for the above captioned party in this action, and
hereby certify that on this date, I served a true and correct copy of the
ANSWER TO PROTECTIVE ORDER through the U.S. Postal Service,
postage pre-paid with the to the following address:
JOHN D. SHERIDAN, ESQUIRE
SERRATELLI, SCHIFFMAN, BROWN & CALHOUN
2080 LINGELSTOWN ROAD
HARRISBURG, PA 17110
Respectfully Submitted,
HOLT & OGDEN, LLP
Date: July 31, 2001 B~
'~3-4-N~th Queen Street
4o3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001- .~l'~
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife. and TAMMY BEHRENS.
CAROL WAGNER & GRACE GILBERT,
Defendant.
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons against the Defendants, GEORGE
FERREE and SUSAN FERREE. Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT.
Respectfully Submitted.
HOLT & OGDEN, LLP
BY: ~GDEN
QUEEN STREET
YORK, PA 17403
(717) 846-0550
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
SUMMONS IN CIVIL ACTION
TO: SUSAN FERREE
GEORGE FERREE
7 OAK AVENUE
ENOLA, PA 17025
YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
PROTHONOTARY OF CUMBERLAND COUNTY,
BY:
DATE:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
SUMMONS IN CIVIL ACTION
TO: TAMMY BEHRENS
9 OAK AVENUE
ENOLA, PA 17025
YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
PROTHONOTARY OF CUMBERLAND COUNTY,
BY:
DATE:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
SUMMONS IN CIVIL ACTION
TO: CAROL WAGNER
3236 VALLEY ROAD
MARYSVILLE, PA 17053
YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
PROTHONOTARY OF CUMBERLAND COUNTY,
BY:
DATE:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL NO. 2001-
PA, INC.
Plaintiff,
CIVIL ACTION - LAW
V.
GEORGE FERREE and SUSAN FERREE,
Husband and Wife, and TAMMY BEHRENS,
CAROL WAGNER & GRACE GILBERT,
Defendant.
SUMMONS IN CIVIL ACTION
TO: GRACE GILBERT
21 FRISCH DRIVE
DUNCANON, PA 17020
YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS
COMMENCED AN ACTION AGAINST YOU.
PROTHONOTARY OF CUMBERLAND COUNTY,
BY:
DATE:
Commonwealth of Pennsylvania
County of Cumberland
Collie Rescue of Central
PA, Inc.
George Ferree and Susan
Ferree, Husband and Wife
7 Oak Drive
Enola PA 17025
Tammy Behrens
9 Oak Drive
Enola PA 17025 Courtof Conunoa Ple~
Carol Wagner and
3236 Valley Road No. 01-3271 Civil Term 19 ....
Marysville PA 17025 Civil Action - Law
Grace Gilbert In .............................................
21 Frisch Drive
Duncanon PA 17020
Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s
Carol Wagner & Grace Gilbert:
To
You a~ he~bv no~fi~ ~at
............ ' Collie Rescu,f Central PA, Inc.
· e Plain~ff has comme.~d an ac~o. in ---~_~_~_~vil Action - Law
a~inst ~u w~ch ~u am ~qui~d to de'nd or a default judgment may ~ en~md against ~u.
(SEAL)
CURTIS R. LONG
................... ~-&~ ..................
D~.ty~ .......... (~ .....
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-0.~u7~l p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COLLIE RESCUE OF CENTRAL PA
VS
FERREE GEORGE ETAL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
GILBERT GRACE
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On June 26th , 2001 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answe~.~ /~.~./~.~T,-~
Docketing 6.00 -~ ~' ~/~/- ~/~---~~
Dep Perry County 100.00 .
Surcharge 10.00 ~ Kline
.00 Sheriff of Cumberland County
.00
116.00
06/26/2001
JOHN M. OGDEN
Sworn and subscribed to before me
this /3'~ day of ~
~ A.D.
! ; Prbthonota~ '
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-03271 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COLLIE RESCUE OF CENTRAL PA
VS
FERREE GEORGE ETAL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDA/Fr
FERREE GEORGE but was
unable to locate Him in his bailiwick. He therefore returns the
WRIT OF SUMMONS ,
, NOT FOUND , as to
the within named DEFENDANT , FERREE GEORGE
EXPIRED PRIOR TO MAKING SUCCESSFUL SERVICE. CORREC
ADDRESS IS BELIEVED TO BE AVENUE INSTEAD OF DRIVE..
Sheriff's Costs: So answ~s:
Docketing 18.00 ~~~.
Service 9.92
Not Found 5.00 Re 'Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
42.92 JOHi~ M. OGDEN
06/26/2001
Sworn and subscribed to before me
this /3~- ~
day of~
~/ A.D.
Pro~h6notary ' ~ '
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-03271 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COLLIE RESCUE OF CENTRAL PA
VS
FERREE GEORGE ETAL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
FERREE SUSAN
but was
unable to locate Her in his bailiwick. He therefore returns the
WRIT OF SUMMONS
, NOT FOUND , as to
the within named DEFENDANT , FERREE SUSAN
UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION.
ADDRESS BELIEVED TO BE AVENDE INSTEAD OF DRIVE.
Sheriff,s Costs: So an~~ ~
Docketing 6.00 .~~?. ~~~.... "'""
Not Found 5.00 ..
Affidavit .00 R-/Thoma Kline
s
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 JOHN M. OGDEN
06/26/2001
Sworn and subscribed to before me
this /~_~. day of~_~
2 c~/ A.D.
honotary ·
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-03271 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COLLIE RESCUE OF CENTRAL PA
VS
FERREE GEORGE ETAL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
BEHRENS TAMMY
but was
unable to locate ~er in his bailiwick. He therefore returns the
WRIT OF SUMMONS
, NOT FOUND , as to
the within named DEFENDANT , BEHRENS TA~94Y
UNABLE TO SERVE PRIOR TO EXPIRATION.
ADDRESS BELIEVED TO BE AVENq/E NOT DRIVE.
Sheriff,s Costs: So answers.
Not Found 5.00
Affidavit .00 Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 JOHN M. OGDEN
06/26/2001
Sworn and subscribed to before me
this /3~ day of ~
-~! A.D.
Pro~h6notary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03271 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COLLIE RESCUE OF CENTRAL PA
VS
FERREE GEORGE ETAL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
WAGNER CkROL
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania, to
serve the within WRIT OF SUb~MONS
On June 26th , 2001 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answers: .~ .,. ~
Docketing 6.00 . ~ - ... -'. .......
.00
Surcharge 10.00 R .' Thoma: -
s Kline
.00 Sheriff of Cu~erland County
.00
25.00
06/26/2001
JO~ M. OGDEN
Sworn and subscribed to before me
this J~ ~ day of ~.~..
D~.I A.D.
' ~ Pr0thonotar~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Collie Rescue of Central PA
VS.
George Fez-cee etal
SERVE: Grace Gilbert NO. 2001 3271 civil
Now, May 30, 2001 ., I, SHER/FF OF CUMBERLAJ~D COUNTY, PA, do
hereby deputize the Sheriffof Perry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
SheriffofCumberland County, PA r
Affidavit of Service
Now. June 19, 2001
,20 ,at 6:45 o'clock P M. sea, ed ~e
within Writ of Summons
Grace Gilbert
upon
~£ 21 Frisch Dr. Duncannon, Pa. 17020
by handingto Grace Gilbert, Defendant
True & Attested
a copy of the original Writ of Summons
and made knov~a to Her the contents thereof.
So answcr~,
~(~na ld E. Smith
DeputySher~ff°f Perry ~ County, PA
COSTS
Sworn and subscribed before SERVICE 1 2 _ On $
me this ~20/~ day of ,.g'tt,¢. ,20ol MILEAGE ~'~_ 00
[ .or~w..~m. .... ] $50.00
MARGARET[ FIICKINGE~, NOTARY PUSLIC
BI.OOMF1E1B BORO., PERRY COUNIY
MY COMMfSSION EXPIRES FEB. 16. 2004
In The Court of Common Pleas of Cumberland County, Pennsylvania
Collie Rescue of Central PA
VS.
George Ferree etal
SERVE: Carol Wagner No. 2001 3271 civil
Now, ~ay 30, 2001 , I, SI-IERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of ~erry County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland Count, PA
Affidavit of Service
Now, June 5, ,20 01 , ~ 10:55 o'clock A M. servedthe
within Writ of Summons
Carol Wagner
upon
at 3236 Valley Rd. Marysville, Pa. 17053
by handing to Carol Wagner, Defendant
a True & Attested copy of the originalWrit of Summons
and made known to Her the contents thereof.
So answers,
Deputy/~h~dffof Perry Coun., PA
COSTS
Sworn an.,d_s.}lbscribed before SERVICE 1 i. o 0 $
me this o?o~ day of ~J'un~, ,20 t~/ MILEAGE ~
, 0.o0
{ mm~tR.m~N~,NmAm'mm-~ I
I M~COMMISSIONEXPIRESFEB. I6.20il4 ·
Commonwealth of Pennsylvania
~ t ~I ~ '
County of Cmberland
George Ferree and Susan
Ferree, Husband and Wife
7 Oak Drive
Enola PA 17025
Tammy Behrens
9 Oak Drive
Enola PA 17025 C.',ur~ vf Cc. mmon Plem
Carol Wag~er and N ...... 9-%7~-~7-~ .q~Z~!_T. EF/E ....... ~9 ....
3236 Valley Road
Marysville PA 17025 h. Civil Action - Law
Grace Gilbert .............................................
21 Frisch Drive
Duncanon PA 17020
Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s
Carol Wagner & Grace Gilbert:
'%"(,t~ ar. hel'ebv notified dlat
................. ............... c_9_~' ki_ _e__ _~_e_ .s?. _u_ _~_ .f_ _?_e_n_ _t.r_ .a_~_. _v. _~_,__ _~_ _n_c_: ................
the Plait,uff has commenced an action in .__$_u_o~_m_o_O_s___-___C.i.Y.t_l___&.q_t_~_9_n___-..b~_w. ............
a~amst you which you are required w defend or a defauh judgment may be entered against you
iSEAL~
CURTIS R. LONG
Prothonotary
o~ .:'-. ~
Commonwealth of Pennsylvania :~ g ~!'~'1 ~.~---.
I~_~ ~1 ".~
County of Cumberland ,, .~ o ~.1-..,
Ferree, Husband and Wife
7 Oak Drive
Enola PA 17025
Tammy Behrens
9 Oak Drive C,,urt ,,l' (.'f,nun,.~tl Pleaa
Enola PA 17025
Carol Wagner and N. ..... 9-1---:3.~7]:.-~-~..v-~-~-_T_e-F-m- ....... ,9 ....
3236 Valley Road
Marysville PA 17025 In .... _C_ _i_v..i.I.. _A_ .c _t. ~ .o.n_ _ _-_ _ _L_ .a? ..............
Grace Gilbert
21 Frisch Drive
Duncanon PA 17020
Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s
Carol Wagner & Grace Gilbert:
'You are hereby no6fied that
................. i ............... c_ _o_L~_L%. _~ _~ ~ .% _c. _?_ _V_ .~.~. _ £ _~_,__ _~_ _~_%·_ .................
thc Plai, t~ff has commenced an action in ___~_Lj.m.m_o__n_s_._-.._C_±_y__i.1..~_q.tj.__o_rl_._-.._L~_w_ ............
against you which you are r~quired to del,md or ~ d~fault judgment may be entered against you
r 5E:\L,
Commonwealth of Pennsylvania ." - ·
County of Cumberland
George Ferree arid .q_Lisan
Ferree, Husband and Wife
7 Oak Drive
Enola PA 17025
Tammy Behrens
9 Oak Drive C,,urt ,.[ (:,,n,~on Ple~
Enola PA 17025
Carol Wagner and N~ .... 9~_-3~7_%_~__T_~?] ..... ~9 ....
3236 Valley Road
Marysville PA 17025 h, ..... q ~ ~.~ _ :5~A ~R9_ _5_ _qg~ ..............
(;race Gilbert
21 Frisch Drive
Duncanon PA 17020
Georg and Susanm Ferree, Husband and Wife, and Tammy Behrens,s
Carol Wagner & Grace Gilbert:
%'~,u 3r,. helebv nodfi~d Lhat /
................. I .............. £_o)_ALe__.r_e__s~_u.~_~.._c_e_n__t37.~..~_a.:. !95: .................
thc PlailltJt' has commenced art actk,n in ___-S-LJ-~I-ffI-°-~-s-------C-~'-i-1-._A_c~_t_i__o_n..._-._.L_~___w. ............
.~gaiust v()u which you are requ~rt'd to defend or a default judgment ,nay be entered against you
~SEAL
CURTIS R. LONG
Prothonotary
May 25, . ~(~01 liv ~J ~ ' ~'t ~ ,
.................................. . ..... '-.._:l~ ........... -_.----~ L.'i. ' ......
ep
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL PA, : NO. 2001-SU-3217 - CIVIL
INC., :
Plaintiff, :
: CIVIL ACTION - LAW
VS. ·
GEORGE FERREE and SUSAN FERREE, : !'
Husband and Wife, and TAMMY : ..: ~_-_ .
BEHRENS, CAROL WAGNER & : ~..... .
GRACE GILBERT, :
Defendants. : _. .,
CERTIFICATE OF SERVICE '"~
I am the attorney for the above captioned party in this action, and hereby
on this date, I served a true and correct copy of a NOTICE OF DEPOSITION through the
U.S. Postal Service, postage pre-paid, which satisfies the requirements of Pa.R.C.P. 440, to
the following address:
GEORGE FERREE & SUSAN FERREE
7 OAK STREET
ENOLA, PA 17025
TAMMY BEHRENS
9 OAK DRIVE
ENOLA, PA 17025
CAROL WAGNER
3236 VALLEY ROAD
MARYSVILLE, PA 17053
GRACE GILBERT
21 FRISCH DRIVE
DUNCANNON, PA 17020
DATED:~
Esquire
34 North Queen Street
York, PA 17403
(717) 846-0550
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COLLIE RESCUE OF CENTRAL : NO. 2001-SU-3217-CIVIL
PA, INC. :
Plaintiff, :
: CIVIL ACTION - LAW
:
GEORGE FERREE and SUSAN FERREE, :
Husband and Wife, and TAMMY BEHRENS, :
CAROL WAGNER & GRACE GILBERT, :
Defendants.
RULE TO SHOW CAUSE
AND NOW, this :~ ~' day of (1,.,~. , 2001. a Rule is issued upon
! I '
Plaintiff to show cause why the Motion for Protective Order denying depositions prior to the
filing of a complaint, filed by Counsel for Defendants, should not be granted. Rule returnable
within ~.o days. ,q g~.ot"u. ,
BY THE COURT:
COLLIE RESCUE OF CENTRAL : IN THE COURT OF COMMON PLEAS OF
PA., INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: 01-3217 CIVIL
VS.
: CIVIL ACTION- LAW
GEORGE FERREE and SUSAN :
FERREE, husband and wife, and :
TAMMY BEHRENS, CAROL :
WAGNER and GRACE GILBERT, :
Defendants :
IN RE: MOTION FOR PROTECTIVE ORDER
ORDER
AND NOW, this 6z' day of October, 2001, following argument thereon, the
motion of the defendants for protective order is DENIED.
BY THE COURT,
Ke~ Hess, J.
J;oZ[Me .piOa~nd~nf~ Esquire .
COLLIE RESCUE OF CENTRAL : IN THE COURT OF COMMON PLEAS OF
PA., INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: 01-3217 CIVIL
VS. ~
: CIVIL ACTION- LAW
GEORGE FERREE and SUSAN :
FERREE, husband and wife, and :
TAMMY BEHRENS, CAROL :
WAGNER and GRACE GILBERT, :
Defendants :
IN RE: MOTION FOR PROTECTIVE ORDER
ORDER
AND NOW. this .~o~' day of August, 2001, argument on the above captioned
motion for protective order set for Thursday, August 30, 2001, is continued to Thursday, October
4, 2001, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse. Carlisle, PA.
BY THE COURT,
K v 'ess, J.
John M. Ogden, Esquire
For the Plaintiff
John D. Sheridan, Esquire
For the Defendants
:rhn
COLLIE RESCUE OF CENTRAL : IN THE COURT OF COMMON PLEAS OF
PA., INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
: 01-3217 CIVIL
VS. ·
: CIVIL ACTION- LAW
GEORGE FERREE and SUSAN :
FERREE, husband and wife, and :
TAMMY BEHRENS, CAROL :
WAGNER and GRACE GILBERT, :
Defendants :
IN RE: MOTION FOR PROTECTIVE ORDER
ORDER
AND NOW, this t'~" day of August, 2001, a brief hearing on the above captioned
motion for protective order is set for Thursday, August 30, 2001, at 3:30 p.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle. PA.
BY THE COURT,
Hess, J.
John M. Ogden, Esquire
For the Plaintiff
John D. Sheridan, Esquire
For the Defendants (~.
:rim
PRAECIPE FOR LISTING CASE FOR TRIAt
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) (~r ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full) (check one)
( ) Assumpsit
Sharon L. #itter and her ilueband,
~/tll/a~ I;. litter, ( ) Trespass
( ) Trespass (Motor Vehicle)
(Plaintiff) (other)
vs.
Kt.clmel ['~agene ~eers The trial list will be called on ~
and
-" Trials commence on Ks? 3. 2004.
(Defendant) Pretrials will be held on A~rtl 14.. 200/,
vs. (Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214-1.)
No. 00 Civil 3217 19 ....
Indicate the attorney who will try case for the party who files this praecipe:
Gu~' H. Broolm, Esquire
Indicate trial counsel for other parties if known:
Todd D. Cet~en. R~.u~re
This case is ready for trial. .~__~/.~.~"~ ..........
Signed:
Print Name: _~;~Y__~=_~Eoolm. __Eequtre
Date: liarch 12. 2004. Attorney for: Defendan_~._
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon
all counsel of record by depositing the same in the United States Mail, first class, postage prepaid,
at Harrisburg, Pennsylvania, on the ]~(~141 day of~, 2004, addressed as
follows:
Todd D. Getgen, Esquire
Schmidt, Ronca & Foamer, P.C.
209 State Street
Harrisburg, PA 17101
GOLDBERG, KATZMAN & SHIFMAN, P.C.
~c~da J. ~be~so~, Secretary for- ~
Guy H. Brooks, Esquire
I.D. No. 49672
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
49005. I (717) 234-4161