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HomeMy WebLinkAbout13-0380DOUGLAS WOTRING, Plaintiff V MARGARET STUSKI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 13-380 CIVIL ACTION - LAW NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: MARGARET STUSKI, Esq.: You are hereby notified that: (1) Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the Complaint. A copy of the Complaint and Motion are attached to this notice; (2) There will be a hearing on this Motion at - : 30 o'clock P M on the floor, Cumberland 134"day of Moiff'A , 29k0; Courtroom # on the County Courthouse, Carlisle, Pennsylvania. (3) You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized; (4) Your failure to appear at the hearing may result in the seizure of the property claimed by the plaintiff before a final decision in this case. i Date: O t,- Plc;ry41-d A] w e,4 f e,4 /i1 _._1 4 ..l DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013-0380 CIVIL TERM MARGARET STUSKI, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 26th day of April, 2013 , following a hearing on Plaintiff ' s Writ of Seizure, pursuant to Pa.R. C. P. 1075 . 1, we find that the Plaintiff has failed to demonstrate the probable validity of his claim, and, therefore, no Writ shall issue and the Motion is DENIED. By the Court, Albert H. Masland, J. Ancent M. Monfredo, Esquire For the Plainitff Mrgaret M. Stuski, Esquire CD ro Se a w r vae �� T— C<> N CD CD C'.,) O-t O L:) 70 DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Plaintiff,Douglas Wotring,by and through his counsel, Vincent M. Monfredo,Esq., and submits the following answers: 1. Admitted. = 2. Admitted. ,-- -C 3. Denied. Strict proof of the same is requested at trial. Plaintiff denies eN-& threatening to kill himself. Plaintiff states that he initially moved in,because hd needed a place to live and because Defendant needed assistance caring for her dogs (not Oreo and Casey). 4. Admitted in part. Denied in part. It is admitted that he lived there open ended. It is denied that he lived there on and off. Plaintiff lived there full time from 2001 until March 2012. 5. Denied. By way of further answer, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this paragraph. By way of further answer,Plaintiff denies and requests strict proof of the same at trial. 6. Denied. Strict proof of the same is demanded at trial. By way of further answer, if Defendant is referring to the dog known as "Oreo"then Plaintiff claims that he is the one who found Oreo on Petfinder while looking for a dog for himself. 7. Admitted. 8. Admitted. 9. Denied. Strict proof of the same is demanded at trial. By way of further answer, Plaintiff and Defendant had a conversation about Plaintiff keeping the dog as a gift even after Defendant paid for Oreo. 10. Denied. Strict proof of the same is demanded at trial. By way of further answer, Plaintiff found the dog"Casey" and showed the Defendant the information regarding him. 11. Admitted. 12. Denied. Strict proof of the same is demanded at trial. By way of further answer, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this paragraph. 13. Admitted. 14. Admitted. By way of further answer, Plaintiff was concerned with Defendant's ability to raise another dog and did not believe she should commit to one. To be more specific,Plaintiff was worried because at this point he had become the one caring for Oreo full time and she was only home two days a week while working in or near Philadelphia. 15. Admitted. 16. Denied. Strict proof of the same is demanded at trial. By way of further answer, the original contracts have to be produced and Plaintiff is therefore without the knowledge to admit or deny this paragraph. By way of further answer,this paragraph calls for a conclusion of law and is therefore denied. 17. Denied. Calls for a conclusion of law is therefore denied. By way of further answer, strict proof of the same is demanded at trial. 18. Denied. Defendant's only involvement with OES rescue from 2001 to 2012 was when she helped two dogs be transported to a foster home. 19. Denied. Plaintiff contends that the dogs were given to him by Defendant as gifts. 20. Admitted. By way of further answer,Plaintiff moved out after purchasing his own home after the Defendant almost lost her home due to court action. 21. Denied. Plaintiff maintained ownership the entire time of the relationship and showed this by caring for the dogs, purchasing their expenses, and paying for the visits to the groomer and doctor. By way of further answer, strict proof of the same is demanded at trial. 22. Denied. Calls for a conclusion of law. By way of further answer strict proof of the same is demanded at trial. 23. Denied. Strict proof of the same is demanded at trial. By way of further answer, Plaintiff never attempted to "ruin her life"but merely has only acted to get his dogs back. 24. Denied. Calls for a conclusion of law. Strict proof of the same is demanded at trial. By way of further answer, when Plaintiff moved out,the dogs resided with him for a time and then a 50150 agreement was reached. At no point was Plaintiff stalking or harassing Defendant. 25. Denied. Plaintiff admits to using such a website but not to harass or threaten Defendant. Plaintiff admits to using the website on another person. 26. Denied. After reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this paragraph. By way of further answer,Defendant has no reason to fear Plaintiff and her"fear" is merely a way to disparage Plaintiff s character, a lie, or possible a figment of her imagination or a misreading of the situation. Plaintiff and Defendant originally had a 50/50 agreement where the two parties would regularly have to meet and discuss the dogs. 27. Denied. Plaintiff is willing to work out a visitation or custody agreement with the dogs and poses no threat to Defendant. Plaintiff already did this with Defendant and she did not keep the deal. By way of further answer, strict proof of the same is demanded at trial. 28. Denied in part. Admitted in part. Plaintiff admits to making valid complaints that he believes are founded and denies to making numerous unfounded complaints. By way of further answer, strict proof of the same is demanded at trial. 29. Admitted in part. Denied in part. Plaintiff admits to contacting people regarding this case for support, witness testimony and evidence. Plaintiff denies that he keeps telling them he will ruin her life. Strict proof of the same is demanded at trial. 30. Denied in part. Strict proof of the same is demanded at trial. By way of further answer this paragraph calls for a conclusion of law. Plaintiff admits he did contact the Human Society but not that it was for harassing purposes. 31. Denied. Strict proof of the same is demanded at trial. Plaintiff admits he pursued the complaint but not that it was unfounded. 32. Denied. Strict proof of the same is demanded at trial. Plaintiff contends he was not asked to move his items before he moved out. Plaintiff still remained in possession of the keys and was allowed in the house and had further access to his items. 33. Denied. Strict proof of the same is demanded at trial. Plaintiff kept his items at the Defendant's property with her permission upon moving out. He continued to come over to the Defendant's house to pick up the dogs per their 50/50 agreement and he still had keys and a garage door opener. 34. Admitted. 34. Denied. Calls for a conclusion of law. By way of further answer, Plaintiff denies abandoning his property and was not allowed on the property following July 14, and prior to July 14 the Defendant allowed Plaintiff to keep his property there. 35. Admitted. 36. Denied. Calls for a conclusion of law. 37. Denied. Plaintiff did attempt to get his items back from Defendant. Strict proof of the same is demanded at trial. 38. Admitted. 39. Denied. Plaintiff was fired after Defendant caused problems between her Mother and her Stepfather. Stepfather stated that Plaintiff could continue to work as there were several ongoing projects. Defendants Stepfather then offered continued employment for strictly property maintenance going forward. Plaintiff Resigned following Defendant becoming involved in Building maintenance side of the business,to avoid any potential conflicts. 40. Denied. Strict proof of the same is demanded at trial. Plaintiff never took advantage of Defendant's stepfather and believes Defendant is again using lies to disparage his character. 41. Denied. This paragraph is too vague to respond to without a date or time period. By way of further answer strict proof of the same is demanded at trial. By way of further answer,the paragraph calls for a conclusion of law. 42. Denied. This paragraph is too vague to respond to without a date or time period. By way of further answer strict proof of the same is demanded at trial. 43. Admitted. 44. Admitted. By way of further answer,Plaintiff had access to Defendant's PSECU account to pay for household items and personal bills while the Defendant was working in Philadelphia. This happened after shut off notices and nonpayment notices were being sent for several months. 45. Admitted. By way of further answer,Plaintiff would reimburse himself for large bills that he loaned to the Defendant to pay for such things as heating oil, garage door replacement,boiler replacement, water heater replacement, window replacement, etc... 46. Denied. Undersigned counsel has attempted numerous conversations with Defendant which have resulted in unprofessional conduct toward him. Defendant refuses to listen to anything anyone has to say and does not care to hear undersigned counsel's position. Defendant seems unable to grasp that Plaintiff claims these dogs were gifted to him. 47. Admitted. 48. Admitted. 49, Denied. Strict proof of the same is demanded at trial. By way of further answer, Plaintiff denies any harassing conduct. By way of further answer, the paragraph calls for a conclusion of law. 50. Admitted. 51. Admitted. Plaintiff learned of this after the fact. 52. Denied. Calls for a conclusion of law. Strict proof of the same is demanded at trial. 53. Admitted. PRELIMINARY OBJECTION—LACK OF CAPACITY.TO SUE 54. No response required. 55. Admitted. 56. Denied. By way of further answer, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief. By way of further answer,Plaintiff denies and requests strict proof of the same at trial. By way of further answer, calls for a conclusion of law and is therefore denied. 57. Denied. By way of further answer, after reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief. By way of further answer, Plaintiff denies and requests strict proof of the same at trial. By way of further answer, calls for a conclusion of law and is therefore denied. PRELIMINARY OBJECTION—LEGAL INSUFFICIENCY OF PLEADING 58. No response required. 59. Admitted. ' 1 60. Denied. Conclusion.of law required. 61. Denied. Conclusion of law required. 62. Denied. Conclusion of law required. 63. Denied. Conclusion of law required. 64. Denied. Conclusion of law required. 65..Denied. Conclusion of law required. 66. Denied. Conclusion of law required. 67. Denied in part. Admitted in part. It is admitted that Defendant is listed on the licenses. It is denied that she is the clear owner of the dog based on Plaintiff's raising and care of the dogs. By way of further answer, strict proof of the same is demanded at trial. 68. Denied. Conclusion of law. WHEREFORE,Plaintiff respectfully requests that this Honorable Court overrule Defendant's Preliminary Objections. Respectfully Submitted, Date: Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. DOCKET NO.: 13-3 80 MARGARET STUSKI CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE I, Vincent M. Monfredo,Esquire, do hereby certify that I served a copy of the Answers to Preliminary Objections upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle,Pennsylvania, addressed as follows: Margaret M. Stuski, Esq. 908 W. Walnut St. Wormleysburg,PA 17043 Respectfully Submitted, Date: Vincent M. Monfredo, Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant PLAINTIFF'S MOTION TO COMPEL DISCOVERY 'c-) � �-C AND ;�� TO SET A PRETRIAL SCHEDULE AND MOTION TO REQUEST VISITATION AND NOW, comes Plaintiff,Douglas Wotring,by and through his counsel, Vincent M. Monfredo,Esq., and submits the following answers: HISTORY 1. This case has been handled previously by the Honorable Judge Albert H. Masland. 2. Plaintiff initiated this action in replevin on or about January 22, 2013 by filing a Complaint against Defendant. 3. Plaintiff filed an Amended Complaint on or about February 12, 2013. 4. Plaintiff then filed a Motion for Writ of Seizure on or about February 14, 2013. 5. The Honorable Albert H. Masland entered an order on March 14, 2013 setting a schedule to follow for the upcoming hearing on the writ of seizure. 6. A hearing was then held before the Honorable Albert H. Masland on April 26, 2013 and Plaintiff's motion for a writ of seizure was denied. 7. On or about June 5, 2013 the Plaintiff by way of undersigned counsel served via mail upon the Defendant written interrogatories and production of document requests. (Attached as Exhibit A.) a � 8. To this date,the Defendant has yet to respond to the discovery requests. MOTION TO COMPEL DISCOVERY AND SET SCHEDULE 9. Previous paragraphs are incorporated herein as if full set forth. 10. "...a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, content, custody, condition and location of any books, documents, or other tangible things and the identity and locations of persons having knowledge of any discoverable material." Pa.R.Civ.P. 4003.1(a). 11. "...any party may serve upon any other party written interrogatories to be answered by the party served..." Pa.R.Civ.P. 4005(a). 12. "The answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories." Pa.R.Civ.P. 4006(a)(2). 13. "Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise,methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery." Pa.R.Civ.P. 4007.3. 14. Undersigned counsel has e-mailed the Defendant twice to request the discovery and to request deposition dates. (Attached as Exhibit B). 15. Defendant has not responded to the discovery requests and Defendant has stated she has no available dates for her deposition to be taken in either August or September. 16. Defendant continues to make no effort to participate in discovery and undersigned counsel believes the Defendant will make no effort unless there is court intervention. 17. Plaintiff believes that this Court should set a schedule and timetable for this case up and through trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his motion to compel discovery and that this Honorable Court set a timetable for the completion of the case through trial. MOTION TO ORDER VISITATION 18. Previous paragraphs are incorporated herein by reference as if full set forth. 19. This case ultimately involves the issue of the ownership of two dogs, Oreo and Casey. 20. Plaintiff is concerned about the ages of the dogs and that he will not get to see them because of the delay in this trial. 21. Plaintiff is seeming a visitation schedule so that he may able to spend some time with the dogs. 22. Plaintiff was the previous caretaker at the very least, although our position remains that the Plaintiff is the rightful owner of the dogs. 23. Defendant continues to delay the litigation process in order for a judge or jury to determine who rightfully owns the dogs. WHEREFORE,Plaintiff respectfully requests that this Honorable Court grant this motion and set a visitation schedule for Plaintiff to see the dogs named r Oreo and Casey. Respectfully Submitted, Date: _ Li Vincent M. Monfredo,Esquire 5000 Ritter Rd Suite 202 Mechanicsburg, PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff THE LAW OFFICE OF VINCENT loo MONFRED0 vrmonl'redo @ginail.com 5000 Ritter Rd. Tel: 717.585.2061 www.vincenlmonfredo.com Smite 202 Fax: 888.959.1331 Medhanicsburg;PA 17055 June 5, 2013 Margaret M. Stuski, Esq. 908 W. Walnut St. Wormleysburg,PA 17043 RE: Doug Wotring v. Margaret Stuski Docket No.: 13-380 Dear Attorney Stuski: Enclosed please find a time-stamped copy of the Plaintiff's Answers filed in response to your preliminary objections. Also enclosed are two(2) copies of Plaintiff's First Interrogatories and two (2) copies of Plaintiff's request for production of documents. Please respond to them and return them to me in accordance and within the time limits set by the Pennsylvania Rules of Civil Procedure. Once again, my client asks that you reconsider and work out a visitation agreement with him in regards to the dogs. We believe this is not only in the best interests of the parties but of the dogs. If you wish to work out a visitation agreement please do not hesitate to e-mail me at vmonfredo @gmail.com. Sincerely, Vincent M. Monfredo, Esquire cc: Doug Wotring www.vincentmonfredo.com (I J t4— 4 DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant PLAINTIFF'S FIRST SET OF INTERROGATORIES TO: Margaret M. Stuski, Esq. 908 W. Walnut St. Wormleysburg, PA 17043 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001 et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your answers in writing under oath to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein,it includes (whether or not specifically called for)all printed,typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document,the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof (1) The nature of the document, letter, memorandum, computer print-out, minutes, resolution,tape recording, etc.); Its date (or if it bears no date, the date when it was prepared); (2) The name, address, employer and position of the signer or signers (or if r there is no signer, of the person who prepared it); (3) The name,address, employer and position of the person, if any,to whom the document was sent; (4) If you have possession, custody or control of the document,the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (5) If you do not have possession,custody or control of the document,the present location thereof and the name and address of the organization having possession, custody or control thereof, and (6) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication,the following information should be given as to each oral communication of which you are aware,whether or not you or others were present or participated therein: (1) The means of communication(telephone,personal conversation,etc.); (2) Where it took place; (3) Its date; (4) The names,addresses, employers and positions(a)of all persons who participated in the communication; and(b)of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document(however informal)and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person,the following information should be given: (1) The name,present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so,the title and nature of any such proceeding,the date of the testimony,whether you have a copy of the transcript thereof,the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for and shall also be deemed to refer to,but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any 1 f other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in the Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional infonnation requested herein,but not supplied in your answers,then you shall promptly furnish a supplemental under oath containing the same. a y INTERROGATORIES 1. State the following: a. Your full name and any other name by which you are or have been known; b. Date and place of your birth; c. Your present home address; d. Your present business address; e. Your present occupation. 2. For each occupation you have had over the last ten(10)years, please identify: a. The name and address of your employer; b. The dates of each employment; c. The nature of your occupational duties; and d. The reason for the termination of employment. 3. For each address you have resided at(either full or,part-time) over the last ten(10)years, please identify: a. The complete address; b. The dates of residence; and c. Identify every individual who resided with you at that location. 4. Have you ever been married? If so please identify: a. The name of each spouse; b. The date and place of each marriage; c. The date of termination of each marriage, if applicable; d. State the period of time of any separate from your current spouse. 5. Were there occasions where you would reimburse the Plaintiff for Oreo and Casey's expenses? If the answer to this interrogatory is yes,then please provide the following: a. The date on which the reimbursement was made, what specifically the Plaintiff was being reimbursed for,the total amount of the reimbursement,and the form of payment. 6. Please identify every individual or expert you expect to call as a witness at the trial in this matter and for each state: a. Each individual's name, address, telephone number and present employer; b. His or her relationship to you, if any; c. Each fact the individual has told you or your representative about this case. 7. Did you give the Plaintiff permission to use any of your financial accounts? If so please state: a. The name of the financial institution and type of account; b. The purposes for which you gave permission to the Plaintiff to use this account; c. The time period for which you gave the Plaintiff permission to use the account; d. For each transaction in which the Plaintiff used the account,please state the date, the amount spent, and the purpose of the transaction. Respectfully Submitted, Date: �� ,�0 3 Y--- Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE 1,Vincent M. Monfredo,Esquire, do hereby certify that I served a copy of the Plaintiff's Interrogatories upon the following by depositing same in the United States snail, postage prepaid, , at Carlisle,Pennsylvania., addressed as follows: Margaret M. Stuski,Esq. 908 W. Walnut St. Wormleysburg,PA 17043 Respectfully Submitted, Date: t Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO: Margaret M. Stuski,Esq, 908 W. Walnut St. Wormleysburg,PA 17043 Defendant is hereby requested to produce, in accordance with the Pennsylvania Rules of Civil Procedure,the below listed documents and/or items. The documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced;tapes shall be heard and a copy made. The below listed documents and/or items are to be produced at the Law Office of Vincent M. Monfredo at 5000 Ritter Rd. Suite 202, Mechanicsburg,PA 17055. DEFINITIONS A. "You," "your" or"Plaintiff"refer to Defendant,Home Depot U.S.A, and to all. other persons acting or purporting to act on behalf of Plaintiff, including,without limitation, agents, representatives or attorneys. B. "Communications" shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings,telephone conversations, letters, correspondence, notes,telegrams,telexes, advertisements, or other forms of verbal intercourse. ti C. Documents" shall mean all written or graphic matter of every kind or description,however produced or reproduced, whether draft or final, original or reproduction signed or unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to written communications, letters, correspondence, memoranda, minutes,notes, films, recordings of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations of personal conversations, diaries, desk calendars, inter-office communications, reports, studies,bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing,however denominated,by whomever prepared,and to whomever addressed,which are in your possession, custody or control or to which you have had or can obtain access. D. "Persons" means an individual, corporation,partnership,trust, associations, company, organization, or any form of business or commercial entity. E. "Identify" when used with respect to an individual, means to state (1)his name; (2)business affiliation and officialtitle; and, (3)his last known address. F. ddentify " when used with respect to a document,means to state (1)the type of document(e.g., letter, memorandum, handwritten note); (2) its date; (3) its author and addressee; (4) its subject matter and size. In lieu of identifying any documents, you may attach a copy of it to your answer, indicating the question to which it is responsive. G. "Identify" when used with respect to a company or other business entity, means to state, (1)the company's legal name and the name under which it does business; (2)the address of its principal place of business;and (3)the identity of its chief executive officer. H. "Relate to" means consist of, refer to, reflect or be in any way logically or factually connected with the matter discussed. I. These requests are to be deemed continuing in effect and should any documents that are requested herein become available, if not presently available, such documents are to be furnished immediately upon their availability. If any document is not available, a statement is requested explaining why it is not available when it will become available, if ever. J. If any document requested to be produced is not in your possession, custody or control, identify each person who has possession, custody or control of the original or any copy of the document; if the document requested to be produced was, but no longer is, in your possession, state the disposition of it and the reasons for such disposition-, if the document requested to be produced has been destroyed, state the time the document was destroyed,the reason for its destruction,and the identity of the person who destroyed the document and the identity of any person who directed that the document be destroyed. r ,t t � • DOCUMENTS TO BE PRODUCED 1. Any and all financial documents, including but not limited to receipts, cancelled checks, cashed checks, copies of checks, and any other document which shows Defendant's reimbursement to Plaintiff for expenses the Plaintiff paid in regards to Oreo or Casey. 2. Any and all financial documents, including but not limited to receipts, cancelled checks, cashed checks, copies of checks, and any other document which shows Defendant's payment of expenses for Oreo and Casey. 3. Copies of any and all records in regards to Casey and/or Oreo, including but limited to their adoption contracts,their grooming, medical, and veterinary records, licenses, and their vaccination records, during the time period since they were adopted. 4. Any and all copies of your EZ Pass records during the time in which you worked in or near Philadelphia. 5. Any and all documents you plan to introduce at trial as evidence. Respectfully submitted, Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID 4 206671 Attorney for Plaintiff Dated: h DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 13-380 MARGARET STUSKI CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE I, Vincent M. Monfredo,Esquire, do hereby certify that I served a copy of the Plaint's Production of DocuTnents upon the following by depositing same in the United States mail, postage prepaid, , at Carlisle,Pennsylvania, addressed as follows: Margaret M. Stuski,Esq. 908 W. Walnut St. Wormleysburg, PA 17043 Respectfully Submitted, Date: Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff 811/13 Gmail-Wotring v StusW M-0 I Wotring v. Stuski Vincent Monfredo <vmonfredo @gmail.com> Thu, Jul 18, 2013 at 8:26 AM To: Margaret Stuski <mstuski @yahoo.bom> Bcc: Doug Wotring <tekebird@yahoo.com> Attorney Stuski, I served you with interrogatories and production of document requests over thirty days ago. If you could kindly return the answer to me to avoid any further litigation that would be appreciated. If I do not hear from you within seven (7)days I will look to file a motion to compel. I would also like to schedule your deposition and if you would like to depose Mr. Wotring or anyone else we can set that up to. For your deposition could you kindly provide me dates in August when you may be available? Lastly, if you have considered a visitation schedule my client would still be open to that. Thank you, Sincerely, Vincent M. Monfredo, Esq. The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel: 717.585.2064 Fax: 888.959.1331 vmonfredo @gmaii.com www.\Ancentmonfredo.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain. confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission,is illegat If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. Margaret Stuski <mstuski @yahoo.com> Fri, Jul 19, 2013 at 9:22 AM Reply-To: Margaret Stuski <mstuski @yahoo.com> To: Vincent Monfredo<vmonfredo@gmail.com> Attorney Mondfredo, T . have no available dates in August or September . j ://mail.google.oorrVmail/u/0/?ui=2&ii-d677216930&Vevv--pt&q=stus16&qs=true&searcF--querW& F IM W1253aa485 x (d!� 1/2 8/1/13 Gmail-Wotring v.Stusl6 There is no visitation schedule with a person who stalked me and has committed the offenses that your client has done . These are my dogs and not his, as the Court has stated. Sincerely, Margaret M. Stuski, Esq. From: Vincent Monfredo <umonfredo @gm ail.corn> To: Margaret Stuski <mstuski @yahoo.com> Sent: Thursday, July 18, 2013 8:26 AM Subject: Wotring v Stuski [Quoted text hidden] Vincent Monfredo <vmonfredo @gmail.com> Wed, Jul 31, 2013 at 10:55 AM To: Margaret Stuski <mstuski @yahoo.com> Attorney Stuski, Do you have any dates available in October or November? Do you plan on responding to my discovery requests? [Quoted text hidden] https://mail.google.conVrrtail/u/0/?ui=2&it c—d677216930&wew=pt&q=stusl4&qs=true&search=q uerAth=13ff1b(1253aa485 W DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 13-3 80 MARGARET STUSKI CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE I, Vincent M. Monfredo,Esquire, do hereby certify that I served a copy of the Answers to Preliminary Objections upon the following by depositing same in the United States mail,postage prepaid, , at Carlisle,Pennsylvania, addressed as follows: Margaret M. Stuski, Esq. 908 W. Walnut St. Wormleysburg,PA 17043 i Respectfully Submitted, Date: Vincent M. Monfredo,Esquire 5000 Ritter Rd. Suite 202 Mechanicsburg,PA 17055 717.585.2064 Supreme Court ID#206671 Attorney for Plaintiff DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : DOCKET NO.: 13-380 MARGARET STUSKI : CIVIL ACTION—LAW Defendant -ORDER OF COURT AND NOW,this 34day of 2013, after review of Plaintiff's Motion to Compel Discovery a hearing is hereby set to be held in Courtroom# at the Cumberland County Courthouse in Carlisle, PA at a.m./pAn. on the 40 day of 2013. By the Co Distribution: Vincent M. Monfredo,Esq., 155 S. Hanover St. Carlisle,PA 17013 ourt Administration Cumberland County Margaret Stuski,Esq., 1.908 W. Walnut St. Wormleysburg,PA 043 ' MCD � X113 ..h r D .. cF C:) C-> 2- A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CD C-? .y s� Mm ^"�r DOUGLAS WOTRING �' ' "- Plaintiff DOCKET NO: 13-380 CD V. n `-D MARGARET STUSKI CIVIL ACTION—LAW t Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND TO SET A PRETRIAL SCHEDULE AND MOTION TO REQUEST VISITATION Defendant,Margaret M.Stuski, Esq., ("Stuski") pro se,files this Answer to Plaintiff's Motion to Compel Discovery and To Set a Pretrial Schedule and Motion to Request Visitation and in support thereof avers as follows: 1.) Admitted. 2.) Admitted. 3.) Admitted. 4.) Admitted. 5.) Admitted. 6.) Admitted. 7.) Admitted. 8.) No response is necessary. By way of further answer, Defendant was in the process of responding and has now responded to the discovery requests. (See attached Exhibit showing emails between counsel.) 9.) No response is necessary. 10.) No response is necessary as the paragraph calls for a conclusion of law. 11.) No response is necessary as the paragraph calls for a conclusion of law. 12.) No response is necessary as the paragraph calls for a conclusion of law. 13.) No response is necessary as the paragraph calls for a conclusion of law. 14.) Admitted. Stuski answered the first email and did not have time to respond to the second email as Plaintiffs counsel filed this Motion the very next day. In contrast,Stuski filed Preliminary Objections on March 20,2013 and no response was received by Plaintiffs counsel until June 5, 2013. Stuski did not file a Motion to Compel,against Plaintiffs counsel. 15.) Admitted in part and denied in part. Stuski has responded to the discovery requests and still does not have available dates in August and September,2013 for depositions. 16.) Denied. Strict proof thereof is demanded at trial. By way of further answer, Plaintiffs counsel conveniently fails to mention that Preliminary Objections are outstanding in this matter. Stuski has asked the Court to list them and decide them on the Briefs. If granted,they are in the form of a demurrer and would resolve this litigation in favor of Stuski. 17.) Denied. By way of further answer,Stuski asks that the dispositive Preliminary Objections be resolved prior to further expense and burden to Stuski. 18.) No response is necessary to this paragraph. 19.) Admitted in part,denied in part. By way of further answer,Oreo has passed away and any issues concerning his ownership are now moot. 20.) No response is necessary. 21.) No response is necessary. 22.) No response is necessary as the paragraph calls for a conclusion of law. 23.) Denied. Strict proof thereof is demanded at trial. By way of further answer,Stuski would like to have the Preliminary Objections ruled in her favor so this matter can be resolved and she can live in peace without the continued harassment by Wotring in pursuing a non- existent legal theory. WHEREFORE, Defendant asks this Honorable Court to dismiss the Amended Complaint with prejudice and to award Stuski any appropriate remedy that this Honorable Court may see fit. Respectfully Submitted, -fIARGAR T M.ST Slel, ESQUIRE PA Supreme Court ID 42478 908 W.Walnut Street Wormleysburg, PA 17043 (717) 599-2429 Pro Se Defendant DATED: August 6, 2013 VERIFICATION I,Margaret M. Stuski, Esq. Pro Se Defendant verify that the statements made in this Answer to Plaintiff's Motion to Compel Discovery and to set a Pretrial Schedule and Motion to Request Visitation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: August 6, 2013 argaret M.Stuski, sq CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440,the undersigned does hereby verify that a true and correct copy of the within Answer to Plaintiff's Motion to Compel Discovery and to set a Pretrial Schedule and Motion to Request Visitation was served on August 6,2013 on the following by'first-class mail, email or by personal service,to Vincent Monfredo, Esq. 5000.Ritter Road, Suite 202 Mechanicsburg,PA 17055 Date: 08/06/13 &__� argaret M. Stuski,tse Attorney ID 42478 908 Walnut Street Wormleysburg,PA 17043 717-599-2429 717-730-9891 (Fax) 817/13 Print Subject: Re: Wotring v. Stuski From: mstuski (mstuski@yahoo.com) To: vmonfredo@gmaii.com; Date: Monday, August 5, 2013 9:56 AM Thank you for your response to resolve this discovery matter. Sent from my Galaxy SUIT Thank you for your response to resolve this discovery matter. Sent from my Galaxy SOM -------- Original message -------- From Vincent Monfredo<vmonfredo@grnailcon-f> Date:08/05/2013 9:26 AM (GMT-05-00) To:Margaret Stuski<rnstuski@yahoo.com> Subject:Re:Wotring v. Stuski Look in the mirror. On Mon,Aug 5, 2013 at 9:25 AM, Margaret Stuski<rnstuski@yahoo.com>wrote: I am sure the Court appreciate your manner . Margaret M. Stuski From: Vincent Monfredo <vmonfredo@grnaiI.corn> To: Margaret Stuski <mstuski@yahoo.com> Sent: Monday, August 5, 2013 9:23 AM Subject: Re: Wotring v. Stuski My motion to compel was filed because it has been well over 30 days and there has been no response. On Aug 5, 2013 9:18 AM, 'Margaret StuskP<mstuski@yahoo.com>wrote: Obviously because I did not respond within one day of your email, then it was necessary for you to file a Motion to Compel . I am asking for sanctions in my Answer . This is a blatant abuse of the judicial system destined to further cause me economic aboutblark 117 81711 3 Print damage and to attempt to paint me in a bad light to the Court . It is not me who stalked Wotring, it is he who committed the criminal offense . Margaret M. Stuski . Esq. From: Vincent Monfredo <vmonfredo @gmail.com> To: Margaret Stuski <mstuski @yahoo.com> Sent: Wednesday, July 31, 2013 10:55 AM Subject: Re: Wotnng v. Stuski 4 � Attorney Stuski, Do you have any dates available in October or November? Do you plan on responding to my discovery requests? 4 On Fri, Jul 19, 2013 at 9 : 22 AM, Margaret Stuski <mstuski @yahoo . com> wrote : Attorney Mondfredo, I have no available dates in August or September . There is no visitation schedule with a person who stalked me and has committed the offenses that your client has done . These are my dogs and not his, as the Court has stated. 4' Sincerely, Margaret M. Stuski, Esq. From: Vincent Monfredo <vmonfredo @gmail.com> To: Margaret Stuski <mstuski @yahoo.com> Sent: Thursday, July 18, 2013 8:26 AM Subject: Wotnng v. Stuski Attorney Stuski, I served you with interrogatories and production of document requests over thirty days ago . If you could kindly return the answer to me to avoid any further litigation that would be appreciated. If I do not hear from you within seven (7) days I will look to file a motion to compel . abudtlank 2(7 8/1/13 Print I would also like to schedule your deposition and if you would i like to depose Mr . Wotring or anyone else we can set that up to . For your deposition could you kindly provide me dates in August when you may be available? ; Lastly, if you have considered a visitation schedule m would still be open to that . Thank you Y client i , 4 Sincerely, Vincent M. Monfredo, Esq. The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel : 717 . 585 . 2064 Fax: 888 . 959 . 1331 vmonfredo @gmail . com www.vincentmonfredo . com f CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is ¢ intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. Sincerely, X Vincent -M Monfredo, Est The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel : 717 . 585 . 2064 Fax: 888 . 959 . 1331 abart:biank 3/7 W/13 Print vmonfredo @gmail . com www.vincentmonfredo . com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. Sincerely, Vincent M. Monfredo, Esc The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel- 717.585.2064 Fax: 888.959.1331 vmonfredo @gmaiLcom www.vincenhmnfredo.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby noted that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. Look in the mirror. On Mon, Aug 5, 2013 at 925 AM, Margaret Stuski<MStuski @yahoo.com>wrote: I am sure the Court appreciate your manner. Margaret M. Stuski abwt:blank 4P 8(7/13 Print From Vincent Monfredo<vmonfredo@grnailcom> To:Margaret Stuski<mstuski@yahoo.con-i> Sent:Monday, August 5, 2013 9:23 AM Subject:Re:Wotring v. Stuski My motion to compel was filed because it has been well over 30 days and there has been no response. On Aug 5, 2013 9:18 AM, 'Margaret Stusk?'<mstuski@yahoo.com>wrote: Obviously because I did not respond within one day ofyour email, then it was necessary for you to file a Motion to Compel. I am asking for sanctions in my Answer. This is a blatant abuse of the judicial system destined to further cause me economic damage and to attempt to paint me in a bad light to the Court. It is not me who stalked Wotring it is he who committed the criminal offense. Margaret M. Stuski Esq. From Vincent Monfredo<vmonfredo@gm;aIcom> To:Margaret Stuski<rristuski@yahoo.com> Sent:Wednesday, July 31, 2013 10:55 AM Subject:Re:Wotring v. Stuski Attorney Stuski, Do you have any dates available in October or November? Do you plan on responding to my discovery requests? On Fri, Jul 19, 2013 at 9:22 AM,Margaret Stuski<mstuski@yahoo.com>wrote: Attorney Mondfredo, I have no available dates in August or September. There is no visitation schedule with a person who staked me and has committed the offenses that your client has done. These are my dogs and not his, as the Court has stated. Sincerely, Margaret M. Stuski, Esq. From Vincent Monfredo<vmonfredo@gmailcom;> To:Margaret Stuski<mstuski@yahoo.coM> Sent:Thursday,July 18, 2013 8:26 AM Subject:Wotring v. Stuski about:biank 817/13 Print Attorney Stuski, I served you with interrogatories and production of document requests over thirty days ago. If you could kindly return the answer to me to avoid any further litigation that would be appreciated. If I do not hear from you within seven(7) days I will look to file a motion to compel. I would also hike to schedule your deposition and if you would like to depose Mr. Wotring or anyone else we can set that up to. For your deposition could you kindly provide me dates in August when you may be available? Lastly, if you have considered a visitation schedule my cfient would still be open to that. Thank you, Sincerely, Vincent M. Monfredo, Esq. The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel: 717.585.2064 Fax:888.959.1331 vonfredo@gmail.com www.vincentmonfredo.com CONFIDENTIALITY NOTICE:This e-mail transmission(and/or the attachments accompanying it)may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient,you are hereby notified that any disclosure, copying., distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error,please promptly notify the sender by reply a-mail, and then destroy all copies of the transmission. Sincerely, aboutblank W 8(7/13 Print Vincent M. Monfredo,Esq. The Law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel- 717.585.2064 Fax: 888.959.1331 vmnfredo@gmicom www.vincentrnonfredo.com CONFIDENTIAUTY NOTICE:This e-mail transmission(and/or the attachments accompanying it)may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient,you are hereby notified that any disclosure, copying distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error,please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. Sincerely, Vincent M. Monfredo, Esq. The law Office of Vincent M. Monfredo 5000 Ritter Rd. Suite 202 Mechanicsburg, PA 17055 Tel 717.585.2064 Fax:888.959.1331 vmonfredo@grmicom www.vincentrnonfredo.com CONFIDENTIALITY NOTICE:This e-mail transmission(and/or the attachments accompanying it)may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal If you have received this transmission in error,please promptly notify the sender by reply e-rnaiL and then destroy all copies of the transmission. about:blank 7/7 elk PRAECIPE.EQts�S•Ttl�i6 (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) r CAPTION OF CASE (entire caption must be stated in full) ' �' ` ° C) . Douglas C. Wotring '"T {M} vs. _CD CD 1, Margaret M. Stuski �- No. 13-380 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial,defendants demurrer to complaint, etc.): Preliminary Objections of Defendant 2. Identify all counsel who will argue cases: (a) for plaintiffs: Vincent Monfredo, Esq. (Name and Address) 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 (b) for defendants: Margaret M. Stuski, Esq. (Name and Address) 908 W. Walnut Street, Wormleysburg, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 1 am requesting that the matter be decided on Briefs. nature Print you ame �l Defendant Date: August 1, 2013 Attorney for INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. am� iq9.7.5p�1�- C'I�ae�dP �� a 9yal g DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARGARET STUSKI, Defendant 13-0380 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of September, 2013 , before the Court is Plaintiff ' s Motion to Compel Discovery, and To Set a Pretrial Schedule, and Motion to Request Visitation, to which the Defendant filed an Answer on August 9 , 2013 . The Defendant has also filed a Praecipe listing her preliminary objections for argument on August 9 , 2013 , which would be heard by the Court on September 27 , 2013 . However, the Defendant having failed to appear and having given no explanation for her absence, the Court finds it appropriate to enter the following order: 1 . Defendant ' s preliminary objections are overruled. Argument shall not occur on September 27, 2013 . 2 . Although some relief may be warranted with respect to Defendant ' s Motion, we find it more expedient to direct the parties to appear for a final hearing on the merits of this case on Friday, November 1, 2013 , at 9 : 00 a.m. , in Courtroom No. 1, at which time the Court will receive evidence and arguments from the parties and issue a final decree . By the Court, cu -,- r > N CD CD CD Albert H. Mas nd, J.. { -- W u (Wotring v. Stuski, Docket No. 2013-0380 Civil) Vincent M. Monfredo, Esquire For the Plaintiff / argaret M. Stuski, Esquire Pro Se Defendant :vae q7C ES / '[�..,� ;,V/3 DOUGLAS WOTRING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARGARET STUSKI, Defendant NO. 13-0380 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2013 , Count 1 having been rendered moot because of the death of the Old English Sheepdog Oreo and Count 3 having been withdrawn by Plaintiff, before the Court is solely Count 2 relating to the Old English Sheepdog Casey. Because we find Plaintiff has failed to meet his burden, we rule as follows : 1 . The Defendant is the owner of the Old English Sheepdog named Casey. 2 . The Defendant did not gift or otherwise transfer ownership of Casey to Plaintiff. 3 . Judgment is entered in favor of Defendant . 4 . No further relief is granted to either party. By the Court, Albert H. Ma and, � Vincent M. Monfredo Esquire F9r Plaintiff Margaret M. Stuski, Esquire -p Pro Se Defendant x� p °ter= prs gip. . C) co