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HomeMy WebLinkAbout13-2428 Supreme Co ennsylvania Cou Comoro leas For Prothonotary Use Only: et T,.1pr, b Docket No: Cu `rlarid ✓ County 't r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S O Complaint 0 Writ of Summons O Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Phillip Johansen Shea Quinn Dollar Amount Requested: Owithin arbitration limits O I Are money damages requested? ?<i Yes ®No (check one) loutside arbitration limits N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Ryan P. Siney, Tucker Arensberg, PC Check here if you have no attorney (are a Self-Represented Pro Se Litigant) P I 1 Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS O Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card O Board of Assessment O Motor Vehicle O Debt Collection: Other O Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability B Statutory Appeal: Other S O Product Liability (does not include E mass tort) 0 Employment Dispute: O Slander/Libel/ Defamation Discrimination C O Other: O Employment Dispute: Other O Zoning Board T O Other: I O Other: O MASS TORT O Asbestos N O Tobacco O Toxic Tort - DES O Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste O Other: O Ejectment 0 Common Law /Statutory Arbitration B O Eminent Domain/Condemnation 0 Declaratory Judgment O Ground Rent Mandamus O Landlord/Tenant Dispute Non- Domestic Relations O Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial 0 Quo Warranto O Dental 0 Partition O Replevin O Legal 0 Quiet Title K Other: O Medical ® Other: Trademark Dispute O Other Professional: Updated 1/112011 PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. V. SHEA QUINN and Civil Action - Law and Equity C , 4 STEVEN SWISHER, Mw Defendants. ; rn r` t C:) PRAECIPE TO ISSUE WRIT OF SUMMONS =c:) C), To the Prothonotary: ° Please issue a Writ of Summons against the above -named Defendants. Respectfully submitted, Dated: May 1, 2013 TUCKER ARENSBERG, P.C. By: ®RyP.Siney, R ID #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717- 234 -4121 Facsimile: 717- 232 -6802 Attorneys for Plaintiff HBGDB:13 5079 -1 028487 - 158381 0-:3 S�03 : Sp A a , a ���3 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas PHILLIP JOHANSEN Plaintiff Vs. No. 13 -2428 SHEA QUINN 119 EAST MAIN STREET SHIREMANSTOWN, PA 17011 STEVEN SWISHER 4905 LOCUST LANE HARRISBURG, PA 17109 In CivilAction -Law To: SHEA QUINN, STEVEN SWISHER You are hereby notified that the Plaintiff, PHILLIP JOHANSEN, has commenced an action in Civil Action -Law against you which you are required to defend or a default judgment may be entered against you. ' rl (SEAL) .- ` David D. Buell, Prothonotary Date 5/2%13 B Deputy Attorney: RYAN P. SINEY, ESQUIRE Address: TUCKER ARENSBERG, P.C. 2 LEMOYNE DRIVE, SUITE 200 LEMOYNE, PA 17043 Attorney for: Plaintiff r a Telephone: 717- 234 -4121 Supreme Court ID No. 209190 SHERIFF'S OFFICE OF CUMBERL 4No 3eq } F Ronny R Anderson 2013 11A y 2 Sheriff � �ti�afafa�rr�, � ���� p Jody S Smith k ceUf�T. �,. Chief Deputy PEPJNS YLVA NIA Richard W Stewart T Solicitor OFFICE OF THE #RSFF Phillip Johansen Case Number vs. 2013-2428 Shea Quinn (et al.) SHERIFF'S RETURN OF SERVICE 05/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Steven Swisher, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 05/10/2013 07:25 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Shea Quinn at 119 East Main Street, Shiremanstown Borough, Shiremanstown, PA 17011. RYAN BURGETT, DEP 05/13/2013 03:48 PM-The requested Writ of Summons served by the Sheriff of Dauphin County upon Steven Swisher, personally, at 4905 Locust Lane, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, 6�� op -May 16, 2013 RONY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 13-2428 V. SHEA QUINN and Civil Action-Law and Equity STEVEN SWISHER, , Defendants. M rn Fri �. r cl FOR PLAINTIFF: Ryan P. Siney, I.D. #209190 C' 2 Lemoyne Drive, Suite 200 r, =X cis Lemoyne, PA 17043 .. o�ry Phone: (717) 234-4121 ry Fax: (717) 232-6802 CO rsiney @tuckerlaw.com FOR DEFENDANTS: Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Pro Se Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 Pro Se PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' DISCOVERY RESPONSES Submitted by Plaintiff Phillip Johansen PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 13-2428 V. SHEA QUINN and Civil Action- Law and Equity STEVEN SWISHER, Defendants. PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' DISCOVERY RESPONSES NOW COMES Plaintiff, Phillip Johansen, (hereinafter "Plaintiff'), by and through his counsel, Tucker Arensberg, P.C., pursuant to Pa.R.C.P. 4019(a)(i)(vii) to move this Honorable Court to enter an Order compelling Defendants, Shea Quinn and Steven Swisher, (hereinafter "Defendants"), to respond to Plaintiffs First Set of Interrogatories and First Request for Production of Documents, and in support thereof avers as follows: 1. Plaintiff commenced this action on May 2, 2013 by filing a Writ of Summons. 2. On June 28, 2013, Plaintiff served his First Set of Interrogatories and First Request for Production of Documents Upon Defendants. True and correct copies of Plaintiffs First Set of Interrogatories and First Request for Production of Documents are attached hereto as Exhibits "A" and`B." 3. Responses to Plaintiffs discovery requests were due on July 29, 2013, but were not provided by Defendants. 4. By correspondence dated September 4, 2013, Plaintiff's counsel notified Defendants that Plaintiff would file a Motion to Compel Defendants' discovery responses if such responses were not received by September 13, 2013. A true and correct copy of the September 4, 2013 correspondence is attached hereto as Exhibit"C." 5. To date, Plaintiff has not received Defendants' responses to the outstanding discovery requests, nor has an extension of the time required to respond to such discovery responses been requested by Defendants. 6. The documents and information requested by Plaintiff are sought because such information is relevant to the above-captioned matter and essential to the preparation of Plaintiff's Complaint. 7. Counsel for Plaintiff attempted to resolve this matter without the intervention of the Court, however, a resolution has not been obtained. 8. Defendants are not represented by counsel and therefore concurrence of Defendants' counsel is not possible. 9. Accordingly, Plaintiff requests this Honorable Court to issue an Order compelling Defendants to provide responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents within ten(10) days of the date of this Court's Order. WHEREFORE, Plaintiff, Philip Johansen, respectfully requests this Honorable Court to enter an order compelling Defendants, Shea Quinn and Steven Swisher, to respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents within ten (10) days of the date of the Court's Order. Respectfully submitted, TUCKER ARENSBERG, P.C. Dated: September 25, 2013 By eg7lt�--� RyaAP. Siney, I.D. #209 AO 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Attorneys for Plaintiff HBGDB:138874-1 028487-158381 EXHIBIT " A" PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 13-2428 V. SHEA QUINN and Civil Action-Law and Equity STEVEN SWISHER, Defendants. PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa.R.C.P. 4005 and 4006, to serve upon the undersigned a copy of your answers and objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service upon you. The answers and objections shall be inserted in the space provided following each Interrogatory. If there is insufficient space to respond to an Interrogatory, the remainder of the response shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4. If between the filing of your original answers to these Interrogatories.and the time you or anyone acting on your behalf learn the identity or location of additional persons having knowledge of discoverable facts and/or the identity of persons expected to be called as witnesses at trial and not already disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he or she knows that an Answer, though correct when made, is no longer true, then you shall.promptly supplement your original Answers, under oath, to include such information thereafter acquired, and promptly furnish the same as Supplemental Answers to the undersigned. DEFINITIONS As used in these Interrogatories, the following terms are to be interpreted in accordance with these defudtions: 1. The terms "person" and "individual' include any natural person, individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the state, its agencies or political subdivisions, any court or any other governmental entity. 2. "You" or "your" shall mean the Defendant (Shea Quinn or Steven Swisher) responding to these Interrogatories, as well as any agent or other person or entity acting on your behalf. 3. The terms "document" or "documents" include all writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by you through detection devices into reasonably usable form, including but not limited to e-mail and other electronically stored information. 4. As used herein, "involving," "in connection with," "concerning," "relating" or that which "relates" to any given subject means any fact, information, event, transaction or occurrence or document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with or is in any way per to that subject, including, without limitation, documents concerning the preparation of other documents. 2 5. The terms "identify," "identity" or "identification," when used herein in reference to a natural person, require you to state that person's full name, last known address, home and business telephone numbers, and present business affiliation. When used in reference to a person other than a natural person, the terms "identify," "identity" or "identification".require you to describe the nature of such person (that is, whether it is a corporation, partnership, etc.,under the definition of"person" above), and to state that person's last known address, telephone number and principal place of business. Once any person has been identified properly, it shall be sufficient thereafter when identifying that same person to state the name only. 6. The terms "identify," "identity" or "identification," when used herein in reference to a document, require you to state the date, the author (and, if different, the signor or signors), the addressee and the type of document (e.g., letter, memoranda, telegram, chart, etc.). If any such document was, but is no longer in your possession or subject to your control; state what disposition was made of it and the reason for such disposition. In lieu of so identifying a document, at your option you may attach an accurate copy of it to your answers to these Interrogatories, appropriately labeled to correspond to the Interrogatory in response to which it is being produced. 7. The terms "identify," "identity" or "identification," when used herein in reference to an oral communication, require you to state the communications medium (i.e., in person, telephonic, etc.); the place and date of each such communication; the name and current business and residence address of those who were present at each communication; and the substance and nature of each such communication. 8. The terms "state" or "describe" shall mean to set forth, with the highest degree of 3 specificity and particularity, all of the information which is necessary to fully respond to the Interrogatory, including all facts, events, occurrences, communications, documents, events or transactions which relate, refer to or contain information concerning the subject matter of the Interrogatory or which directly or indirectly, in whole or in part and without regard to materiality, are connected with, impinge upon, impact, affect, analyze or result from the subject matter of the Interrogatory. 9. As used herein, "and" as well as "or" shall be construed either conjunctively or disjunctively so as to bring within the scope of the request,-any information which might otherwise be construed to be outside its scope. 10. As used herein, "each" and "any" shall be construed broadly so as to bring within the scope of the request all information which might otherwise be construed to be outside its scope. 11. The terms "contend" or "contention" shall mean any position, allegation or argument you have made or asserted concerning the subject matter of the Interrogatory or which you intend to make or-assert. 12. Where the singular is used with reference to any person, document or item, it shall include the plural. Where the plural is used with respect to any person,document or items, it shall include the singular 13. The term "action" shall mean the above-captioned lawsuit, along with any allegations, defenses, matters, claims and pleadings filed therein. 4 INTERROGATORIES 1. Identify each and every person who assisted in the preparation of your response to these Interrogatories or in the preparation of your response to the First Request for Production of Documents served concurrent hereto. RESPONSE: 5. 2. State with particularity the date upon which the musical,band "The Luv Gods" was formed, and identify the individuals who participated or contributed in any way to its formation. RESPONSE: 6 3. State with particularity how the name "The Luv Gods" was selected for the musical band, and identify the individual(s)who participated or contributed in any way to its selection. RESPONSE: 4. State whether you contend that Plaintiff participated or contributed to the selection of the name"The Luv Gods," and describe any such participation or contribution by Plaintiff. RESPONSE: 8 1 5. Identify each and every person who you believe may possess information relevant to or concerning the selection of the name"The Luv Gods." RESPONSE: 9 6. Identify the individual(s) who you contend possess any right, title or interest in the name"The Luv Gods"and state the legal and factual basis for your contention. RESPONSE: 10 7. State whether you contend that Plaintiff has at any time possessed any right, title or interest in the name"The Luv Gods." RESPONSE: 11 8. If you contend that Plaintiff did not or does not possess any right, title or interest in the name"The Luv Gods," state with particularity the factual and legal basis for your contention. RESPONSE: 12 9. State whether Plaintiff has at any time transferred, assigned, licensed or in any way conveyed his right, title or interest in the name "The Luv Gods" to you or to any other person or entity. RESPONSE: 13 10. State the revenue generated by the musical band "The Luv Gods," on a monthly basis, since January 1,2012. RESPONSE: 14 11. State whether, at the time Plaintiff rejoined "The Luv Gods" in or about July 2012, you intended or represented to Plaintiff that his position in the musical band would be a permanent one. RESPONSE: 15 12. State whether at the time Plaintiff rejoined"The Luv Gods" in or about July 2012, you knew that Plaintiff resigned from another musical band in order to re join"The Luv Gods." RESPONSE: TUCKER ARENSBERG, P.C. Dated: June 28, 2013 13 R/fn P. Siney, ID#20919 emoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Fax: (717) 232-6802 Attorneys for Plaintiff 16 1 CERTIFICATE OF SERVICE AND NOW, this 28th day of June 2013, I, Ryan P. Siney, hereby certify that I have this day served the foregoing First Set of Interrogatories Directed to Defendants by depositing a true and correct copy of the same in the United States Mail, first class,postage prepaid, addressed as follows: Shea Quinn 119 East Main Street Shiremanstown,PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 an P. Siney HBGDB:136637-1 028487-158381 17 EXHIBIT " B " PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff Docket No. 13-2428 V. SHEA QUINN and Civil Action-Law and Equity STEVEN SWISHER, Defendants. PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa.R.C.P. 4009.1, et seq., to serve upon the undersigned a copy of your written responses and produce for inspection, examination and copying, at the offices of Tucker Arensberg, P.C., 2 Lemoyne Drive, Suite 20,0, Lemoyne, Pennsylvania 17043, not later than thirty (30) days after service of this Request, the following documents. This Request for Production of Documents shall be deemed continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4. If between the filing of your original responses to this Request for Production of Documents and the time you or anyone acting on your behalf learn of additional facts and/or documents responsive to any request, or if any response, though correct when made, is no longer true, then you shall promptly supplement your original responses, under oath,to include such'information and/or documents thereafter acquired, and promptly furnish the same as Supplemental Answers to the undersigned. DEFINITIONS As used in this Request for Production of Documents, the following terms are.to be interpreted in accordance with these definitions: 1. The terms "person" and "individual" include any natural person, individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the State, its agencies or political subdivisions, any court, or any other governmental entity. 2. "You" or "your" shall mean the Defendant (Shea Quinn or Steven Swisher) responding to these requests, as well as any agent or other person or entity acting on your behalf. 3. The term"ESI" shall mean electronically stored information and shall include,but not be limited to: digital communications (e.g. e-mail, voice mail, instant messaging); word processing documents (e.g. Word or WordPerfect documents and drafts); spreadsheets and tables (e.g. Excel or Lotus 123 worksheets); accounting application data (e.g. QuickBooks, Money, Peachtree data files); image and facsimile files (e.g. PDF, TIFF, JPG, and GIF images); sound recordings (e.g. WAV and MP3 files); video and animations (e.g. AVI and MOV files); databases (e.g. Access, Oracle, SQL Server data, SAP); contact and relationship management data (e.g. Outlook, ACT!); calendar and diary application data (e.g. Outlook PST, Yahoo, blog tools); online access data (e.g. temporary internet files, history, cookies); presentations (e.g. PowerPoint, Corel Presentations); network access and activity logs; project management application data computer aided design/drawing files; and backup and archival files (e.g. Zip, GHO). 4. The terms "document" or "documents" include all ESI, writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by you through detection devices into reasonably usable form. 2 5. As used herein, "involving,» "in connection with," "concerning," "relating," or which "relates" to any given subject means any fact, information, event, transaction or occurrence or document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents. 6. The terms "identify," "identity," or "identification," when used herein in reference to a natural person, require you to state that person's full name, last known address, home and business telephone numbers, and present business affiliation. When used in reference to a person other than a natural person, the terms identify, identity, or identification" require you to describe the nature of such person (that is, whether it is a corporation, partnership, etc., under the definition of"person" above), and to state that person's last known address, telephone number, and principal place of business. Once.any person has been identified properly, it shall be sufficient thereafter when identifying that same person to state the name only. 7. The terms "identify," "identity," or"identification," when used herein in reference to a document, require you to state the date, the author (and, if different, the signor or signors), the addressee, and the type of document (e.g., letter, memoranda, telegram, chart, etc.). If any such document was, but is no longer, in your possession or subject to your control,.state what disposition was made of it and the reason for such disposition. 8. The terms "identify, or "identification," when used herein in reference to an oral communication, require you to state the. communications medium (i.e., in person, telephonic, etc.); the place and date of each such communication; the name and current business and residence address of those who were present at each communication; and the substance and nature of each such communication. 3 1 9. As used herein, "and" as well as "or" shall be construed either conjunctively or disjunctively so as to bring within the scope of the request, any information which might otherwise be construed to be outside its scope. 10. As used herein, "each" and "any" shall be construed broadly so as to bring within the scope of the request all information which might otherwise be construed to be outside its scope. 11. The terms "contend" or "contention" shall mean any position, allegation or argument you have made or asserted concerning the subject matter of the request or which you intend to make or assert. 12. Where the singular is used with reference to any person, document or item,it shall include the plural. Where the plural is used with respect to any person, document or items, it shall include the singular. 13. The term "action" shall mean the above-captioned lawsuit, along with any allegations, defenses, matters, claims and pleadings filed therein. 14. if you object to producing any document on the basis of privilege (or for any other reason),you must nevertheless provide the following information in the form of a privilege log: a. the nature of the privilege claimed (including work product); b. if the privilege is being asserted in connection with a claim or defense governed by state law, the state privilege rule being invoked; C. the date of the document or oral communication; d. if a document: its type (correspondence,. memorandum, facsimile, etc.), custodian, location, and such other information sufficient to identify the document for a subpoena duces tecum or a document request, including where appropriate the author, the 4 addressee, and, if not apparent, the relationship between the author and addressee; e. if an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and f. the general subject matter of the document, oral communication or other information. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. Any and all documents which relate to or concern the selection of the name "The Luv Gods." RESPONSE: 5 2. Any and all documents which relate or concern the identity of the individual(s)who may possess any right,title or interest in the name"The Luv Gods." RESPONSE: 3. All documents identified in your Answers to the Interrogatories propounded to date in this action and all documents reviewed by you (or by anyone acting on your behalf of Defendants) in the preparation of Answers to those Interrogatories. RESPONSE: 6 4. Any and all documents or exhibits which you intend to offer as exhibits at any hearing or trial which relates to or concerns the question of who possesses any right, title or interest in the name "The Luv Gods." RESPONSE: TUCKER ARENSBERG, P.C. Dated: June 28, 2013 B 12emoyne#Drive, 190 2,� Lemoyne, PA 17043 Telephone: (717) 234-4121 Fax: (717) 232-6802 - — Attor_neys_f-or-,Plaints . _ 7 CERTIFICATE OF SERVICE AND NOW, this 28th day of June 2013, I, Ryan P. Siney, hereby certify that I have this day served the foregoing First Request for Production of Documents Directed to Defendants by depositing a true and correct copy of the same in the United States Mail, first class,postage prepaid, addressed as follows:. Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 P. Siney HBGDB:136635-1 028487-158381 8 EXHIBIT " C " TucKE ®I1 1s1ENSBERG Ryan P.Scom Attorneys rsiney @tuckerlaw.com September 4, 2013 Via First Class Mail Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 Re: Phillip Johansen v. Shea Quinn and Steven Swisher Cumberland County Court of Common Pleas, No. 13-2428 Our File No.: 028487-158381 Dear Messrs. Quinn and Swisher: On June 28, 2013, we served upon you Plaintiff's First Set of Interrogatories Directed to Defendants and Plaintiff's First Request for Production of Documents Directed to Defendants. You were required to provide responses to those discovery requests by July 29, 2013. To date, we have not received your responses. Unless we receive full and complete responses to the outstanding discovery requests on or before September 13, 2013, we will have no choice but to file a motion to compel your responses. Please provide full and complete responses no later than September 13, 2013 so that we can avoid unnecessary judicial intervention. Sincerely, TU R ARENSB G C. Ry P. Siney RPS/clt cc: Phillip Johansen (via e-mail) H BG D B:138364-1 028487-158381 Tucker Arensberg,P.C. 2 Lemoyne Drive Suite 200 Lemoyne,PA 17043 p.717.234.4121 f.717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh,PA 15222 p.412.566.1212 f.412.594.5619 CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Plaintiff's Motion to Compel Defendants' Discovery Responses on this date by depositing a copy of the same in the possession of the United States mail, first-class,postage prepaid, addressed as follows: Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 Dated: September 25, 2013 P. Si HBGDB:13 8874-1 028487-158381 PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW • SHEA QUINN and • STEVEN SWISHER, Defendants : NO. 13-2428 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 3rd day of October, 2013, upon consideration of Plaintiffs Motion To Compel Defendants' Discovery Responses, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, Christ ee L. Peck, J. 1n P. Siney, Esq. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff Shea Quinn C-3 119 East Main Street c Shiremanstown, PA 17011 rY;ct; o z c� rte__. Defendant, pro Se "YD�-- .teven Swisher • , . .,._, 4905 Locust Lane Harrisburg, PA 17019 ' ' Defendant, pro Se :, , 7," c.rc /9/ /13 PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 13-2428 v. SHEA QUINN and : Civil Action-Law and Equity STEVEN SWISHER, • Defendants. • FOR PLAINTIFF: Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 r"/Fri E Lemoyne, PA 17043 ,, Phone: (717)234-4121 _.<:3> co Fax: (717) 232-6802 ! cp rsiney @tuckerlaw.com . FOR DEFENDANTS: Shea Quinn `-"' r 119 East Main Street Shiremanstown, PA 17011 Pro Se Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 Pro Se PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE Submitted by Plaintiff Phillip Johansen PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 13-2428 v. SHEA QUINN and : Civil Action- Law and Equity STEVEN SWISHER, • • Defendants. PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Plaintiff, Phillip Johansen ("Plaintiff'), to respectfully move this Court to make absolute the previous Rule to Show Cause why Plaintiff's Motion to Compel Defendants' Discovery Responses should not be granted, and in support thereof, avers as follows: 1. On September 25, 2013, Plaintiff filed a Motion to Compel Defendants' Discovery Responses. 2. On October 3, 2013, this Court entered a Rule to Show Cause it d ectin g Defendants to show cause why Plaintiff's Motion to Compel Discovery Responses should not be granted. A copy of the October 3, 2013 Rule to Show Cause is attached hereto as Exhibit"A". 3. The Rule was returnable on November 4, 2013. 4. Defendants have neither shown cause why Plaintiff's Motion to Compel Discovery Responses should not be granted nor provided discovery responses. 5. Due to Defendants' failure to provide Plaintiff with responses to all outstanding discovery requests, Plaintiff requests that the Rule be made absolute and an Order entered compelling the Defendants to provide responses to Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter an Order compelling Defendants, Shea Quinn and Steven Swisher, to provide responses to Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents with in ten(10) days, and any other relief which this Court deems appropriate. Respectfully submitted, TUCKER ARENSBERG, P.C.Air 19 Dated: November 14, 2013 B Ry..,• P. Siney, I.D. #20. 90 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Attorneys for Plaintiff HBGDB:140038-1 028487-158381 • PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW SHEA QUINN and STEVEN SWISHER, f; . Defendants 1 : NO. 13-2428 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 3rd day of October, 2013, upon consideration of Plaintiff's Motion To Compel Defendants' Discovery Responses, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, • Christ ee L. Peck, J. Ryan P. Siney, Esq. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff Shea Quinn T. 119 East Main Street "` Shiremanstown, PA 17011 m' -'' a `-�F. Defendant,pro Se cnr' 2't% ■ < Steven Swisher 4905 Locust Lane y _ r Harrisburg, PA 17019 ; Defendant, pro Se :rc EXHIBIT tt Afr CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Motion to Make Rule Absolute on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 je,e;14.9\ Dated: November 14, 2013 / �t Ryan P. Siney PHILLIP JOHANSEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 13-2428 V. SHEA QUINN and Civil Action-Law and Equity rn STEVEN SWISHER, z � Defendants. ORDER , , T 0i AND NOW, this day of&Zte-4 2013, upon consideration of Plaintiff's Motion to Make Rule to Show Cause Absolute, IT IS HEREBY ORDERED that Defendants, Shea Quinn and Steven Swisher, shall provide full and complete responses to Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents within t of the date of this Order. do (b. BY THE COURT J. vibution: Ellea an P. Siney,Esquire,Tucker Arensberg,P.C.2 Lemoyne Drive, Suite 200,Lemoyne,PA 17043 ./ Quinn 119 East Main Street, Shiremanstown,PA 17011 Steven Swisher 4905 Locust Lane,Harrisburg,PA 17109 Co r tat Lc.L =M THE NO- 1 HON 1: .- 7.1I3 DEC -9 PM I: t CUMBERLAND COUNT'': PENNSYLVANIA PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 13-2428 v. SHEA QUINN and : Civil Action-Law and Equity STEVEN SWISHER, • • Defendants. A,.s40 ELs `-72 PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS PLEASE TAKE NOTICE that you are hereby regnired, pursuant to Pa.R.C.P. 4005 and 4006, to serve upon the undersigned a copy of your answers and objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service upon you. The answers and objections shall be inserted in the space provided following each Interrogatory. If there is insufficient space to respond to an Interrogatory, the remainder of the response shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4. If between the filing of your original answers to these Interrogatories and the time you or anyone acting on your behalf learn the identity or location of additional persons having knowledge of discoverable facts and/or the identity of persons expected to be called as witnesses at trial and not already disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he or she knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers, under oath, to include such information thereafter acquired, and promptly furnish the same as Supplemental Answers to the undersigned. DEFINITIONS As used in these Interrogatories, the following terms are to be interpreted in accordance with these definitions: 1. The teuus "person" and "individual" include any natural person, individual, general or limited partnership, joint stock company, unincorporated association or society, municipal or other corporation, incorporated association, limited liability partnership, limited liability company, the state, its agencies or political subdivisions, any court or any other governmental entity. 2. "You" or "your" shall mean the Defendant (Shea Quinn or Steven Swisher) responding to these Interrogatories, as well as any agent or other person or entity acting on your behalf. 3. The teiliis "document" or "documents" include all writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by you through detection devices into reasonably usable form, including but not limited to e-mail and other electronically stored information. 4. As used herein, "involving," "in connection with," "concerning," "relating" or that which "relates" to any given subject means any fact, infollnation, event, transaction or occurrence or document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents. 2 5. The tends "identify," "identity" or"identification," when used herein in reference to a natural person, require you to state that person's full name, last known address, home and business telephone numbers, and present business affiliation. When used in reference to a person other than a natural person, the terms "identify," "identity" or "identification" require you to describe the nature of such person (that is, whether it is a corporation, partnership, etc., under the definition of"person" above), and to state that person's last known address, telephone number and principal place of business. Once any person has been identified properly, it shall be sufficient thereafter when identifying that same person to state the name only. 6. The terns "identify," "identity" or"identification," when used herein in reference to a document, require you to state the date, the author (and, if different, the signor or signors), the addressee and the type of document (e.g., letter, memoranda, telegram, chart, etc.). If any such document was, but is no longer in your possession or subject to your control; state what disposition was made of it and the reason for such disposition. In lieu of so identifying a document, at your option you may attach an accurate copy of it to your answers to these Interrogatories, appropriately labeled to correspond to the Interrogatory in response to which it is being produced. 7. The terms "identify," "identity" or"identification," when used herein in reference to an oral communication, require you to state the communications medium (i.e., in person, telephonic, etc.); the place and date of each such communication;the name and current business and residence address of those who were present at each communication; and the substance and nature of each such communication. 8. The terms "state" or "describe" shall mean to set forth, with the highest degree of 3 specificity and particularity, all of the information which is necessary to fully respond to the Interrogatory including all facts, events, occurrences, communications, documents, events or transactions which relate, refer to or contain information concerning the subject matter of the Interrogatory or which directly or indirectly, in whole or in part and without regard to materiality, are connected with, impinge upon, impact, affect, analyze or result from the subject matter of the Interrogatory. 9. As used herein, "and" as well as "or" shall be construed either conjunctively or disjunctively so as to bring within the scope of the request, any information which might otherwise be construed to be outside its scope. 10. As used herein, "each" and 'any" shall be construed broadly so as to bring within the scope of the request all information which might otherwise be construed to be outside its scope. 11. The terms "contend" or "contention" shall mean any position, allegation or argument you have made or asserted concerning the subject matter of the Interrogatory or which you intend to make or assert. 12. Where the singular is used with reference to any person, document or item, it shall include the plural. Where the plural is used with respect to any person,document or items, it shall include the singular 13. The term "action" shall mean the above-captioned lawsuit, along with any allegations, defenses, matters, claims and pleadings filed therein. 4 . INTERROGATORIES 1. Identify each and every person who assisted in the preparation of your response to these Interrogatories or in the preparation of your response to the First Request for Production of Documents served concurrent hereto. RESPONSE: �,e r S�-tver, 5 ,is 5. 2. State with particularity the date upon which the musical band"The Luv Gods" was formed, and identify the individuals who participated or contributed in any way to its formation. RESPONSE: � � heLc,v � b�S was flamed d 6 ,S-1A«- tin i,n tv v v1 u p�/s f3ar 4.161 rr l I L,ui he s c petscr+ `y tNladk Swa~ f kcieci 6 3. State with particularity how the name "The Luv Gods" was selected for the musical band, and identify the individual(s)who participated or contributed in any way to its selection. RESPONSE: keek ( ■Arh n named fCic per ,tcir rv►,tre "I-11c i.-.vU&oar"le (+©L ? SAC- OLUi4n dc..ryVCCA +St t'tc 4 - Sole (c 7 4. State whether you contend that Plaintiff participated or contributed to the selection of the name "The Luv Gods," and describe any such participation or contribution by Plaintiff. RESPONSE: �' -� d i d n a f r/1 tt wce c�e / ��C c e ti 1y'/ L t i fC dr a-r c. " +14c vIawL i1 `j c �.c�v �bd_s 8 5. Identify each and every person who you believe may possess infokmation relevant to or concerning the selection of the name"The Luv Gods." RESPONSE: Nark Sw tt. f S�IU^r Ott f • • • 9 6. Identify the individual(s) who you contend possess any right, title or interest in the naive"The Luv Gods" and state the legal and factual basis for your contention. RESPONSE: Stilt GI tJiist11 l5 1G�ru'f( ficd us -Pile �^tlr '�rcc, 0wctC( 0 k( L u t, (q-6ds 11 Pis e so(c -rou tdu o-F M uNc \t ii S k & 146,s p cI-Formed c o;44-ifl cousl qn� co61s'i �'4- f'� S�vtCC 2003 n 5 "I4tc I Ca&( unc P b ncq� crE` c Luv ('0d s- �� afcl ► s rc1o,rt-f'ed tS sttCtt r4 -i-1/i,L U R 0 CI S S G f tr I C G GL.V1 a- A.b i,tl A e °l Ct Gt��� �bd,1'�l i�r KC e Fe r', � k Cy b.o u rc�11 '�'or � p�blc.s '►' , 4ffG �4 (Acts ,bccn Laed as a- ic,�ca+►�lcr si(ALC 1-11 ikccpi-iovl cA 20©� # 10 7. State whether you contend that Plaintiff has at any time possessed any right, title or interest in the name"The Luv Gods." RESPONSE: .'1,c P ecin TlT4 flocs vt©4 1"a'''' r 14` s V t, 1 o a c '' h A-kr w(take- Ili c �tv {-i lc r 11 8. If you contend that Plaintiff did not or does not possess any right, title or interest in the name"The Luv Gods," state with particularity the factual and legal basis for your contention. RESPONSE: ��.t►� did na+ oriy10a- � v�cc c, �►c Lc,v(9Qd it f [� L r / C �41'It� T' kaI no perd-orAir m 4- k44444�C( +44 t"/(4-4i les TS -1 tiC fit ctwt c gilt CCU V ( di 1, etAI I) LriGA+-f o r S L as bczn aN a t c curr-en4-I { PGi vt•ti643 S c ( t c, ra A �J ,J 5'14(.4. r occ or. �tS 4-1L-C `adc_r 07 Ook ti'�iC. Luu 6 of slr a/IG (f Ywt/rIp 144,C ��tx_f 6-f i "` a'0 L l at Iw COW/(dad ' S`46 c nvl'�F�tci-oe �r 40J ctv� C ovtt1OC.al'cefcd 's st-cL� wI a 10 r7 OA (sc , do( -{-&x euv-p0sc› 00 it& 12 9. State whether Plaintiff has at any time transferred, assigned, licensed or in any way conveyed his right, title or interest in the name "The Luv Gods" to you or to any other person or entity. • RESPONSE: � - ka5 no r1��► s e_ n a , r" • • • • 13 10. State the revenue generated by the musical band "The Luv Gods," on a monthly basis, since January 1, 2012. RESPONSE: (pc t 5 n o �por d ret t,cc_ -�nr c band �-t.cu Gods j1Ac Lov 6od1 `' �ln c rl awn.tL j cicily d so by ,S'�tz cc�rtn� �c id f1 -Ht d w�i�c� 43 frt.cv k Co( w k c L 5 k a C ' S r PLC a U �j t`' 6 � p c °rw r l avid (vii-c-rrr uPTt o✓∎ , Rc.vt .Ucs ar-�. dtjf/yhc ( d rvterul ( d(uo d4 el 414x- bceud ,Lc.C4"6er- L, �, s c c c�rc a4td SC-l�t�d p er d r -1 v j ca l._ D'.( u- 'oh t .s �n tuvtz ca vzpolfcd tndi ��et �(� U c .} r~" b �t oVV. ( oI9 M LSC 14 11. State whether, at the time Plaintiff rejoined "The Luv Gods" in or about July 2012, you intended or represented to Plaintiff that his position in the musical band would be a permanent one. rr � L �� f/ RESPONSE: �l�t yr 114 kci6al td); d'� l...c.�v (9 e e_.)i � ti .S�' �� G1 (44 L k,ed -i P( fP - ctsJE.sd fiLc buvLd eve. (�'' in�-Cn.4( ))__ L 1(kj or A. Cu { �rvz w � ha l�o�(ccc�1®v1 U c ( 4 T1 W et ex. p e-rma (144-6 f a 15 12. State whether at the time Plaintiff re-joined "The Luv Gods" in or about July 2012, you knew that Plaintiff resigned from another musical band in order to re-join"The Luv Gods." / /f RESPONSE: 1k , 4 ...f dial etof Jr� iv� �xnLi+it.rnq , (k plc i n11t7f L �cc.t�, cJ waf ct a at_r�e� �,.,�'-( t yro:.:I' durtol fit c Ifa -u1 0 � b o cli I J o�c Kcc.c(C( u.Ato GtQJ r \\ ct �t 8 t �..,u a �0��1 v d• c rt t�S �air-144 tNd1 1' CcrA`cet sc �c� 26© �'� � p � P o a s � �J k�r' c� i p'1 1 LA-4 �- �er+.c�7a`ctr rC �e,rf and tA c 0. t Ltietel �, s r , u�.uc t c L+ P TUCKER ARENSBERG,P.C. Dated: June 28, 2013 By R:. P. Siney, ID#209196 . emoyne Drive, Suite 200 Lemoyne,PA 17043 Telephone: (717) 234-4121 Fax: (717)232-6802 Attorneys for Plaintiff 16 CERTIFICATE OF SERVICE AND NOW, this 28 th day of June 2013, I, Ryan P. Siney, hereby certify that I have this day served the foregoing First Set of Interrogatories Directed to Defendants by depositing a true • and correct copy of the same in the United States Mail, first class,postage prepaid, addressed as follows: Shea Quinn • 119 East Main Street Shiremanstown,PA 17011 Steven Swisher • 4905 Locust Lane Harrisburg, PA 17109 11-"Ag_ • . •an P. Siney HBGDB:136637-1 028487-158381 17 PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 13-2428 v. c •• SHEA QUINN and : Civil Action - Law and Equity r-- q Y STEVEN SWISHER, Defendants. • z — �- r NOTICE ;' You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 AVISO Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 TUCKER ARENSBERG, P.C. Dated: February 10, 2014 B RyJP. Siney, I.D. #2091•0 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Attorneys for Plaintiff PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Docket No. 13-2428 v. SHEA QUINN and : Civil Action- Law and Equity STEVEN SWISHER, • • Defendants. COMPLAINT AND NOW COMES Plaintiff, Phillip Johansen, ("Plaintiff'), by and through his counsel, Tucker Arensberg, P.C., to state the following Complaint against Defendants, Shea Quinn and Steven Swisher, ("Defendants"), and in support thereof avers as follows: 1. Plaintiff, Phillip Johansen, is an adult individual residing at 155 South East Street, Carlisle, Pennsylvania 17013. 2. Defendant, Shea Quinn, is an adult individual with a last known address of 119 East Main Street, Shiremanstown, Pennsylvania 17011. 3. Defendant, Steven Swisher, is an adult individual with a last known address of 4905 Locust Lane, Harrisburg, Pennsylvania 17019. 4. Plaintiff and Defendants were the founding members of a musical group called "The Luv Gods,"which was formed in or about August 2003. 5. Plaintiff selected the name "The Luv Gods" for the musical group and permitted the musical group to use that name with Plaintiffs consent and license. 6. The name selected by Plaintiff, "The Luv Gods," is original and, upon information and belief, used exclusively in Pennsylvania by Plaintiff and/or by the parties' musical group with Plaintiffs consent and license beginning in August 2003. 1 7. At the time the musical group was formed, it was explicitly understood and agreed among the parties that the name "The Luv Gods"had been created by Plaintiff and would be used by their musical group with Plaintiff's consent and license for so long as Plaintiff consented to such use. 8. Because Plaintiff selected the name "The Luv Gods" for the parties' musical group, Plaintiff is the sole and exclusive owner of all right,title and interest in that name. 9. Plaintiff is the sole member of The Luv Gods, LLC, a Pennsylvania limited liability company organized on December 3, 2012. 10. Plaintiff is the registrant of a Pennsylvania trademark registration for "The Luv Gods,"registered December 20, 2012 at No. 3342317. 11. All right, title and interest in the name "The Luv Gods" belongs solely and exclusive to Plaintiff, and cannot be used in Pennsylvania without Plaintiff's consent or license. 12. Even if Defendants claim to possess some right, title or interest in the name "The Luv Gods," Plaintiff's right, title and interest in that name is at least equal to any right, title or interest in that name possessed by Defendants. 13. Because of the long history of the musical group, the marketing and publicity efforts of Plaintiff and others and group's significant fan base, Plaintiff is strongly identified by the public as a member of"The Luv Gods." 14. Through Plaintiff's efforts in promoting the musical group and arranging for high- profile and frequent performances, "The Luv Gods" became a distinctive, famous and well- known mark in Pennsylvania. 2 15. In 2005, Plaintiff voluntarily left his permanent position with "The Luv Gods," but granted to Defendants an oral, indefinite, temporary and royalty-free license to continue performing as and using "The Luv Gods." 16. Beginning in 2005, Defendants were and remain the principals of the musical group "The Luv Gods" and are responsible for the management and operation of the group. 17. Beginning in 2005, Defendants were the sole proprietors, partner, owners and operators of the musical group "The Luv Gods," excluding any ownership interest in the name "The Luv Gods,"which remained the sole and exclusive property of Plaintiff. 18. Defendants knew in 2005 that their use of "The Luv Gods" was subject to Plaintiff's consent and license. 19. The 2005 license agreement did not constitute any abandonment, conveyance or assignment by Plaintiff of any right, title or interest in "The Luv Gods" other than the temporary license which permitted Defendants to continue to perform under that name. 20. Although he stopped performing with "The Luv Gods" on a permanent basis in 2005, Plaintiff frequently performed with the group when there was a need and when Plaintiff was available. 21. In July 2012, Defendants requested that Plaintiff permanently rejoin "The Luv Gods"because of the need for Plaintiff's musical talents on a full-time basis. 22. Defendants knew that, when they requested that Plaintiff rejoin "The Luv Gods" in July 2012, Plaintiff was frequently performing with another musical group, "The Cheap Sneakers." 3 • • 23. Defendants knew that, when they requested that Plaintiff rejoin "The Luv Gods" in July 2012, Plaintiff would have to leave"The Cheap Sneakers" and forgo opportunities to earn income as a member of"The Cheap Sneakers." 24. Defendants represented to Plaintiff in July 2012 that, if Plaintiff rejoined "The Luv Gods," he would be doing so on a permanent basis and would resume the rights and responsibilities of a founding member of the group. 25. Notwithstanding Defendants' representations, Defendants did not intend for Plaintiff to rejoin "The Luv Gods" on a permanent basis and knew that Plaintiff's position in the group would last only until November 2012. 26. Indeed, in November 2012, Defendants asked Plaintiff to leave "The Luv Gods." 27. Defendants' actions in forcing Plaintiff to leave "The Luv Gods" in November 2012 left Plaintiff unemployed, as Plaintiff had already given up his position in "The Cheap Sneakers" in reliance on Defendants' representations. 28. In or about November 2012, after being forced from "The Luv Gods," Plaintiff notified Defendants that the 2005 license agreement, pursuant to which Defendants had continued to use the name "The Luv Gods,"was terminated and revoked. 29. In or about November 2012, Plaintiff notified Defendants that they had no right, title or interest in the name "The Luv Gods" and that they must immediately cease and desist from using that name and performing under that name. 30. Defendants ignored Plaintiff's demands and continue to use and perform under the name "The Luv Gods"without Plaintiff's consent or license. 4 31. To protect his sole and exclusive rights in the name "The Luv Gods," in December 2012, Plaintiff organized The Luv Gods, LLC and obtained a Pennsylvania trademark registration for"The Luv Gods." 32. Despite Plaintiff's attempt to reach a mutually agreeable resolution with Defendants, Defendants refused to negotiate with Plaintiff and continued to use "The Luv Gods" after Plaintiff's consent and license was revoked in November 2012. 33. Plaintiff commenced this action on May 2, 2013 by the filing of a Writ of Summons. 34. Plaintiff initiated this action by Writ of Summons so as to conduct pre-complaint discovery regarding the extent of Defendants' infringement upon and dilution of Plaintiff's trademark rights in"The Luv Gods." 35. On June 28, 2013, Plaintiff served Plaintiff's First Set of Interrogatories and First Request for Production of Documents Directed to Defendants. 36. Defendants have failed or refused to respond to Plaintiff's discovery requests. 37. Plaintiff has not received Defendants' responses to those discovery requests, nor has an extension of the time required to respond to such discovery responses been requested by Defendants. 38. On September 26, 2013, Plaintiff filed a Motion to Compel Defendants' Discovery Responses. 39. On November 20, 2013, this Court issued an Order directing the Defendants to provide Plaintiff with full and complete responses to Plaintiff's First Set of Interrogatories and Plaintiff's First Request for Production of Documents within 20 days of the date of the Order. 5 40. No responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents were served by Defendants in response to the November 20, 2013 Order. COUNT I STATUTORY TRADEMARK INFRINGEMENT 41. The averments of Paragraph 1 through 40 above are incorporated herein as if set forth in their entirety. 42. Plaintiff is the owner of a Pennsylvania trademark registration for the name "The Luv Gods,"pursuant to the Pennsylvania Trademark Act, 54 Pa.C.S. §§1101 et seq. (the "Act"). 43. "The Luv Gods" is a valid and legally protectable trademark registered in Pennsylvania by Plaintiff. 44. Defendants, without Plaintiff's consent or license, have infringed upon Plaintiff's trademark "The Luv Gods" by using that name in connection with the sale, offering for sale and advertising of goods and services in Pennsylvania. 45. Defendants, without Plaintiff's consent or license, have used Plaintiff trademark "The Luv Gods" in Pennsylvania in a manner which is likely to cause confusion or mistake and to deceive as to the source or origin of the goods and services offered in connection with that name. 46. Defendants, without Plaintiff's consent or license, jabe reproduced and copied Plaintiff's trademark "The Luv Gods" and applied ssuch reproductions and copies to signs, advertisements and other communications intended to be used in connection with the sale of goods and services in Pennsylvania. 6 47. Defendants have used "The Luv Gods" in a manner which has caused actual confusion among consumers. 48. Defendants' use of "The Luv Gods" has caused and is likely to cause injury to Plaintiff's business reputation. 49. Upon information and belief, Defendants have used "The Luv Gods" in a manner which constitutes trademark infringement on at least 52 occasions since December 2012, and Defendants continue to use "The Luv Gods" in a manner which constitutes trademark infringement. 50. Defendants' use of"The Luv Gods" has caused and is likely to cause confusion by implying an affiliation with or sponsorship by Plaintiff and/or implying that Plaintiff is still a member of the musical group. 51. Defendants knew that, since November 2012, they have not had permission from Plaintiff to use the name "The Luv Gods" and knew that their use of that name infringed upon Plaintiff's trademark rights. 52. Since November 2012, Defendants have received revenues estimated to exceed $50,000.00 which are the direct result of Defendants' infringement upon Plaintiff's trademark rights in"The Luv Gods." 53. Defendants' trademark infringement has caused losses to Plaintiff of at least $50,000.00. 54. Defendants must be required to disgorge their wrongfully gained profits, pay monetary damages to Plaintiff and be ordered from continuing to use "The Luv Gods" in Pennsylvania. 7 55. Defendants must be enjoined from using "The Luv Gods" in Pennsylvania in a manner which is likely to cause mistake or confusion regarding the source or sponsorship of Defendants' goods and services. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an amount not less than $50,000.00 plus costs, and to enter an order permanently enjoining Defendants from using "The Luv Gods" in any manner which infringes upon Plaintiffs rights in that trademark, along with any other relief which this Court deems appropriate. COUNT II COMMON LAW TRADEMARK INFRINGEMENT 56. The averments of Paragraph 1 through 55 above are incorporated herein as if set forth in their entirety. 57. If Plaintiffs Pennsylvania registered trademark "The Luv Gods" cannot be enforced against Defendants as set forth in Count I, then, in the alternative, Plaintiff is the owner of a common law trademark for"The Luv Gods." 58. "The Luv Gods" is a valid and legally protectable common law trademark owned by Plaintiff. 59. Although Plaintiff claims sole and exclusive ownership of any common law trademark rights in "The Luv Gods," in the alternative, Plaintiff is the owner of not less than a one-third interest in those common law trademark rights. 60. Defendants, without Plaintiffs consent or license, have used Plaintiffs trademark "The Luv Gods" in Pennsylvania in a manner which is likely to create confusion among consumers. 8 61. Defendants have used "The Luv Gods" in a manner which has caused actual confusion among consumers. 62. Defendants' use of"The Luv Gods" has caused and is likely to cause confusion by implying an affiliation with or sponsorship by Plaintiff and/or implying that Plaintiff is still a member of the musical group. 63. Defendants' knew that, since November 2012, they have not had permission from Plaintiff to use the name "The Luv Gods" and knew that their use of that name infringed upon Plaintiff's trademark rights. 64. Since November 2012, Defendants have received revenues estimated to exceed $50,000.00 which are the direct result of Defendants' infringement upon Plaintiff's trademark rights in"The Luv Gods." 65. Defendants' trademark infringement has caused losses to Plaintiff of at least $50,000.00. 66. Defendants must be required to disgorge their wrongfully gained profits, pay monetary damages to Plaintiff and be ordered from continuing to use "The Luv Gods" in Pennsylvania. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an amount not less than $50,000.00 plus costs, and to enter an order permanently enjoining Defendants from using "The Luv Gods" in any manner which infringes upon Plaintiff's rights in that trademark, along with any other relief which this Court deems appropriate. 9 COUNT III DILUTION 67. The averments of Paragraph 1 through 66 above are incorporated herein as if set forth in their entirety. 68. "The Luv Gods" is inherently distinctive and famous in Pennsylvania, and capable of distinguishing the goods and services offered by the musical group known as "The Luv Gods"from other musical groups. 69. "The Luv Gods," if not inherently distinctive, acquired secondary meaning prior to November 2012. 70. The Defendants' use of "The Luv Gods" without Plaintiff's consent or license occurred after that trademark became distinctive and famous in Pennsylvania. 71. Defendants' use of the name "The Luv Gods"constitutes actual dilution pursuant to the Act. 72. Defendants' use of"The Luv Gods" impairs the uniqueness and distinctiveness of Plaintiff's trademark, and prevents Plaintiff from using "The Luv Gods" for his own goods and services and from fairly competing with Defendants. 73. Defendants' use of"The Luv Gods" has resulted in the lessening of the capacity of a famous mark to identify and distinguish goods or services. 74. Plaintiff cannot now use his trademark "The Luv Gods" to identify his own goods or services because of Defendants' continuing infringing use of that trademark. 75. Defendants' use of"The Luv Gods" has resulted in that trademark being blurred, as it formerly referred to a musical group associated with Plaintiff and in which Plaintiff performed, but now does not. 10 76. Defendants' use of"The Luv Gods"has tarnished that trademark. 77. Defendants' use of"The Luv Gods" has caused actual confusion and a likelihood of confusion by consumers. 78. Defendants' use of"The Luv Gods" implies a connection with, affiliation with or sponsorship by Plaintiff that does not exist. 79. Defendants must be required to disgorge their wrongfully gained profits, pay monetary damages to Plaintiff and be ordered from continuing to use "The Luv Gods" in Pennsylvania. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an amount not less than $50,000.00 plus costs, and to enter an order permanently enjoining Defendants from using "The Luv Gods" in any manner which infringes upon Plaintiff's rights in that trademark, along with any other relief which this Court deems appropriate. COUNT IV DECLARATORY JUDGMENT 80. The averments of Paragraph 1 through 79 above are incorporated herein as if set forth in their entirety. 81. There is an actual controversy between Plaintiff and Defendants regarding the ownership of the name "The Luv Gods" and the respective rights of the parties to use that name in connection with the offering of goods and services in Pennsylvania. 82. A declaratory judgment of this Court is necessary to confirm Plaintiffs sole and exclusive right in the trademark"The Luv Gods." 11 83. This direct, substantial and present interest creates an imminent and inevitable prospect of litigation concerning the respective rights and interests of the parties, creating an actual controversy which cannot be resolved without a declaration by this Court concerning the respective rights and interests of the parties. 84. Plaintiff is entitled to a declaratory judgment from this Court declaring that he is the owner of all right, title and interest in the trademark "The Luv Gods" and ordering Defendants to immediately cease any and all uses of "The Luv Gods" which are inconsistent with Plaintiffs trademark rights pursuant to the Act. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher, by declaring that he is the owner of all right, title and interest in the trademark "The Luv Gods" in Pennsylvania, and permanently enjoining Defendants from using "The Luv Gods" in any manner which infringes upon Plaintiff's rights in that trademark, along with any other relief which this Court deems appropriate. COUNT V BREACH OF CONTRACT 85. The averments of Paragraph 1 through 84 above are incorporated herein as if set forth in their entirety. 86. In 2005 (on a date which is unknown), the parties entered into an oral agreement whereby Plaintiff would leave his permanent position with "The Luv Gods" but grant to Defendants his consent and license to continue to use the name "The Luv Gods"for their musical group. 12 87. Plaintiff's consent and license was predicated on the fact that, despite leaving the musical group as a permanent performer, Plaintiff would continue to be associated with the musical group by performing with the group on various occasions when needed. 88. As part of the 2005 oral agreement, the parties agreed that the consent and license granted to Defendants by Plaintiff was revocable at any time by Plaintiff. 89. As part of the 2005 oral agreement, Defendants agreed to immediately end their use of the name "The Luv Gods" if Plaintiff revoked his consent and license to use that name. 90. The 2005 oral agreement was a legally enforceable contract supported by consideration and performed by all parties until November 2012. 91. From 2005 through November 2012, Defendants used the name "The Luv Gods" only with Plaintiff's consent and license, and Plaintiff permitted such use in reliance on the 2005 oral agreement. 92. In November 2012, after Defendants unilaterally removed Plaintiff from the musical group, Plaintiff revoked his consent and license for Defendants to use the name "The Luv Gods"because Plaintiff was no longer associated with the musical group. 93. Defendants breached the 2005 oral agreement by continuing to use the name "The Luv Gods" despite the revocation of Plaintiff's consent and license and despite Plaintiff's demands that Defendants cease and desist from using that name. 94. Defendants' breach of contract has caused Plaintiff to suffer damages of at least $50,000.00. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an 13 amount not less than $50,000.00, plus costs and any other relief which this Court deems appropriate. COUNT VI BREACH OF CONTRACT 95. The averments of Paragraph 1 through 94 above are incorporated herein as if set forth in their entirety. 96. In July 2012, Defendants asked Plaintiff to rejoin "The Luv Gods" and offered Plaintiff a permanent position in the group, which Plaintiff accepted. 97. In July 2012, Plaintiff and Defendants entered into an oral agreement whereby Plaintiff agreed to leave his position with "The Cheap Sneakers" to rejoin "The Luv Gods" on a permanent basis. 98. As part of the July 2012 oral agreement, the parties agreed that Plaintiff's permanent position in"The Luv Gods"would continue for at least one year. 99. The July 2012 oral agreement was a legally enforceable contract supported by consideration and performed by all parties until November 2012. 100. In reliance on the July 2012 oral agreement, Plaintiff gave up a permanent position performing with "The Cheap Sneakers" so that he could rejoin"The Luv Gods." 101. In November 2012, Defendants breached the July 2012 oral agreement by terminating Plaintiff's position with "The Luv Gods" and preventing him from performing with the group. 102. Defendants' breach of contract has caused Plaintiff to suffer damages of at least $8,000.00. 14 • w WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an amount not less than $8,000.00, plus costs and any other relief which this Court deems appropriate. COUNT VII PROMISSORY ESTOPPEL 103. The averments of Paragraph 1 through 102 above are incorporated herein as if set forth in their entirety. 104. If the July 2012 oral agreement referenced in Count VI above cannot be enforced or if Defendants take the position that no such agreement existed, then Defendants are liable to Plaintiff by way of promissory estoppel. 105. In reliance on Defendants' representations that Plaintiff could rejoin "The Luv Gods" on a permanent basis for a period of at least one year, Plaintiff resigned his position with "The Cheap Sneakers" and forwent at least $8,000.00 in income that such position would have provided to him. 106. Plaintiff reasonably relied to his detriment on Defendants' representations. 107. Defendants knew when they offered Plaintiff a permanent position in "The Luv Gods" in July 2012 that Plaintiff would resign his position with "The Cheap Sneakers" in reliance on Defendants' representations. 108. As a result of Plaintiff's reasonable reliance on Defendants' representations, Plaintiff has suffered damages of at least $8,000.00. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an 15 4 amount not less than $8,000.00, plus costs and any other relief which this Court deems appropriate. COUNT VIII FRAUDULENT MISREPRESENTATION 109. The averments of Paragraph 1 through 108 above are incorporated herein as if set forth in their entirety. 110. In July 2012, Defendants represented to Plaintiff that they wished for him to rejoin"The Luv Gods" on a permanent basis. 111. Defendants knew in July 2012 when they made such statements to Plaintiff that those statements were false, as another former member of the musical group, Tory Keefer, intended to take Plaintiff's place in"The Luv Gods" in or about November 2012. 112. Defendants knew, despite their representations to the contrary, that the position they offered to Plaintiff was temporary and not permanent. 113. Upon information and belief, Defendants knew that Plaintiff would not resign his position with"The Cheap Sneakers" and rejoin"The Luv Gods"unless Plaintiff believed that the position with"The Luv Gods"was to be a permanent one. 114. As Defendants intended, Plaintiff reasonably relied on Defendants' misrepresentations and resigned his position with"The Cheap Sneakers." 115. In November 2012, Defendants revealed to Plaintiff that Tory Keefer was to rejoin the group and that Plaintiff's services were no longer required. 116. Defendants' representations to Plaintiff were false when made or were made by Defendants with reckless disregard of their truth or falsity. 16 117. Defendants knew that their representations were false but intended for Plaintiff to rely on those representations as if they were true. 118. As a result of his reliance on Defendants' misrepresentations, Plaintiff has suffered Damages of at least $8,000.00. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants, Shea Quinn and Steven Swisher in an amount not less than $8,000.00, plus costs and any other relief which this Court deems appropriate. Respectfully submitted, TUCKER ARENSBERG, P.C. Dated: February 10, 2014 Ry P. Siney, I. . #20919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Attorneys for Plaintiff 17 T VERIFICATION I, Phillip Johansen, hereby certify that I am the Plaintiff in this action and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904,relating to unworn falsification to authorities. Dated: February 10, 2014 - ` 2 c/j..11-1 Phi ip Jo . sen CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Complaint on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 i Dated: February 10, 2014 (' l Rya''. Siney PHILLIP JOHANSEN, Plaintiff v. SHEA QUINN and STEVEN SWISHER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13 -2428 : Civil Action - Law and Equity PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To: Prothonotary -0 Pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure, please enter judgment as to liability on all counts against Defendants, Shea Quinn and Steven Swisher, and in favor of Plaintiff, Phillip Johansen for failure to answer the Complaint filed against them within ten days of the attached Important Notice. Dated: April 23, 2014 B HBGDB:143554 -1 028487 - 158381 TUCKER ARENSBERG, P.C. Ry P. Siney, I.D. #20919 2 Lemoyne Drive, Suite 20 Lemoyne, PA 17043 Telephone: (717) 234 -4121 Attorneys for Plaintiff p, \NA ct ■ to ,eA a+l� CAL-4 3-)Sti 3s N C PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. SHEA QUINN and STEVEN SWISHER, To: Defendants. : Docket No. 13 -2428 : Civil Action - Law and Equity IMPORTANT NOTICE Shea Quinn, Defendant 119 East Main Street Shiremanstown, PA 17011 Steven Swisher, Defendant 4905 Locust Lane Harrisburg, PA 17019 Date of Notice: March 4, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249 -3166 - Toll Free (800) 990 -9108 H BG D B:142653 -1 028487- 158381 A: AVISO IMPORTANTE Shea Quinn, Defendant 119 East Main Street Shiremanstown, PA 17011 Steven Swisher, Defendant 4905 Locust Lane Harrisburg, PA 17019 FECHA DEL AVISO: March 4, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO. 0 A, TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUY-A SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Dated: March 4, 2014 HBGDB:142653-1 028487-158381 LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 TU R ARENSBERG, P.C. Ry P. Siney, I.D. #20919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Attorneys far Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE—POSTMASTER Received From: Tucker Arensberg, P.C. Drive, Suite 200 — 2 Lemoyne Lemoyne, PA 17043 — One piece of ordinary mail addressed to: 028487-158381 Shea Quinn 119 East Main Street Shirpmarmtnwn PA 17n11 PS Form 3817, January 2001 D73 (/) r,314, .---0-10• LO IDO--.1 33 01. CA.C5S.--4-13 LA.3 r- -- - -1 A • 33 00 "3 CI D TUCKER ARENSBERG Attorneys March 4, 2014 Via First Class Mail Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Re: Phillip Johansen v. Shea Quinn and Steven Swisher Cumberland County Court of Common Pleas, No. 13 -2428 Our File No.: 028487 - 158381 Ryan P. Siney rsiney @tuckerlaw.com Dear Mr. Quinn: Enclosed is an Important Notice directed to you pursuant to Pa.R.C.P. 237.1(a)(2)(ii). Sincerely, TU ER ARENSBERG, P.C. n P. Siney RPS /mbl. Enclosure cc: Phillip Johansen (via e-mail) H BGDB:142654 -1 028487 - 158381 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE—POSTMASTER Received From: -/, Tucker Arensberg, RC: 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 . One piece of ordinary me -d,"-.°4 028487-158381 Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 - Ij PS Form 3817, January 2001 TUCKER ARENSBERG Attorneys March 4, 2014 Via First Class Mail Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 Re: Phillip Johansen v. Shea Quinn and Steven Swisher Cumberland County Court of Common Pleas, No. 13 -2428 Our File No.: 028487 - 158381 Ryan P. Siney rsiney @tuckerlaw.com - Dear Mr. Swisher: Enclosed is an Important Notice directed to you pursuant to Pa.R.C.P. 237.1(a)(2)(ii). Sincerely, TUCKER ARENSBERG, P.C. • Ryan P. Siney RPS /mbl Enclosure cc: Phillip Johansen (via e-mail) HBGDB:142654-1 028487 - 158381 Tucker Arensberg, P.C. . 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 CERTIFICATE OF SERVICE I, Ryan P. Siney, hereby certify that I have this day served the foregoing Praecipe for Entry of Default Judgment by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, addressed as follows: Dated: April 23, 2014 HBGDB:143554 -1 028487 - 158381 Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 PHILLIP JOHANSEN, Plaintiff v. SHEA QUINN and STEVEN SWISHER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13 -2428 : Civil Action - Law and Equity CERTIFICATION w --o -1 r- The undersigned hereby certifies that true and correct copies of the attached Important Notice, said notices conforming to Pa.R.C.P. No. 237.1, were sent to Defendants, Shea Quinn and Steven Swisher, by U.S. mail, postage prepaid on March 4, 2014. Dated: April 23, 2014 HBGDB:143554-1 028487 - 158381 By TUCKER ARENSBERG, P.C. Ry. ► P. Siney, I.D. #20919 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234 -4121 Attorneys for Plaintiff PHILLIP JOHANSEN, Plaintiff v. SHEA QUINN and STEVEN SWISHER, To: Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 13 -2428 : Civil Action - Law and Equity IMPORTANT NOTICE Shea Quinn, Defendant 119 East Main Street Shiremanstown, PA 17011 Steven Swisher, Defendant 4905 Locust Lane Harrisburg, PA 17019 Date of Notice: March 4, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER. REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249 -3166 - Toll Free (800) 990 -9108 H B G D B:142653 -1 028487 - 158381 A: AVISO IMPORTANTE Shea Quinn, Defendant 119 East Main Street Shiremanstown, PA 17011 Steven Swisher, Defendant 4905 Locust Lane Harrisburg, PA 17019 FECHA DEL AVISO: March 4, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Dated: March 4, 2014 HBGDB:142653 -1 028487 - 158381 LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249 -3166 - Toll Free (800) 990 -9108 TU R ARENSBERG, P.C. Ry P. Siney, I.D. #209190/ 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Phone: (717) 234 -4121 Fax: (717) 232 -6802 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Ryan P. Siney, hereby certify that I have this day served the foregoing Important Notice by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, addressed as follows: Dated: March 4, 2014 HBGDB:142653-1 028487-158381 Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE NOT PROv1DE FOR INSURANCE—POSTMASTER Received From: ' Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 --- Lemoyne, PA 17043 One piec of ordinary mail addresse to: 028487'158381 Shea Quinn 119 East Main Street nh(rennnnptmmn PA 17011 PS Farm 3817, January 2001 � � 0). co TUCKER ARENSBERG Attorneys March 4, 2014 Via First Class Mail Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Re: Phillip Johansen v. Shea Quinn and Steven Swisher - Cumberland County Court of Common Pleas, No. 13 -2428 Our File No.: 028487 - 158381 Ryan P. Siney rsiney@tuckerlaw.com Dear Mr. Quinn: Enclosed is an Important Notice directed to you pursuant to Pa.R.C.P. 237.1(a)(2)(ii). Sincerely, TU ER ARENSBERG, p.c. n P. Siney RPS /mbl. Enclosure cc: Phillip Johansen (via e-mail) H BG D B:142654 -1 028487- 158381 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE— POSTMASTER Received From: Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 One piece of ordinary me11 028487- 158381 Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 PS Form 3817, January 2001 UCKER ARENSBERG Attorneys March 4, 2014 Via. First Class Mail Steven Swisher 4905 Locust Lane Harrisburg, PA 17019 Re: Phillip Johansen v. Shea Quinn and Steven Swisher Cumberland County Court of Common Pleas, No. 13 -2428 Our File No.: 028487 - 158381 Ryan P. Siney rsiney@tuckerlaw.com Dear Mr. Swisher: Enclosed is an Important Notice directed to you pursuant to Pa.R.C.P. 237.1(a)(2)(ii). Sincerely, TUCKER ARENSBERG, P.C. Ryan P. Siney RPS /mbl Enclosure cc: Phillip Johansen (via e-mail) H B G D B:142654 -1 028487-158381 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 PHILLIP JOHANSEN, Plaintiff v. SHEA QUINN and STEVEN SWISHER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13-2428 : Civil Action - Law and Equity AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Ryan P. Siney, being duly sworn according to law, hereby depose and say that the Defendant, Shea Quinn, is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Sworn and subscribed before me, this 23rd day of April, 2p.14. ‘Ifta/C)4-) Not Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Marla B. LaRue, Notary Public Lemoyne Bora, Cumberland County My Commission Expires Nov. 8, 2017 Ktmati, PENNSYLVANIA Assoc:Anal Of NOTARIES HBGDB:143554-1 028487-158381 PHILLIP JOHANSEN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 13 -2428 SHEA QUINN and : Civil Action - Law and Equity STEVEN SWISHER, Defendants. AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Ryan P. Siney, being duly sworn according to law, hereby depose and say that the Defendant, Steven Swisher, is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Sworn and subscribed before me his 23rd day of April, + 14. ct Q„ r1.,tr,� 3 Not -Public My Commission Expires: i\ © �� COMMONWEALTH OF PENNMyANU Maria B. L Notarial N Sul Lemoyne Bono, Cumberland County My Commission Expires Noy. 8, 2017 MdMBER. PEM$s A A HBGDB:143554-1 028487 - 158381 .■• PHILLIP JOHANSEN, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13-2428 SHEA QUINN and : Civil Action - Law and Equity STEVEN SWISHER, Defendants. AFFIDAVIT OF SERVICE Before me, a notary public, personally appeared, Ryan P. Siney, who, being duly sworn according to law, deposes and states that: On February 10, 2014, he caused a true and correct copy of the Complaint to be served upon Defendant, Shea Quinn, via United States Mail, at 119 East Main Street, Shiremanstown, PA 17011, and Defendant, Steven Swisher, via United States Mail, at 4905 Locust Lane, Harrisburg, PA 17109, as evidenced by the Certificate of Service attached hereto as Exhibit "A". Sworn to and subscribed before me, this oo — day of April, 2014 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Lemoyne Saco, Cumberland County My Commission Expires Nov, 8, 2017 ME114111111. PEISASYLYAMIA ASSOCATIO0 01 ISOTAIUU HBGDB:143645-1 028487-158381 EXHIBIT "A" CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Complaint on this date by depositing a copy of the same in the possession of the United States mail, first- class, postage prepaid, addressed as follows: Dated: February 10, 2014 Shea Quinn 119 East Main Street Shiremanstown, PA 17011 Steven Swisher 4905 Locust Lane Harrisburg, PA 17109 PHILLIP JOHANSEN, Plaintiff v. E.) -OFF: 1L PRO HO U 2011i JUN 13 PM 2: 40 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.13-2428 SHEA QUINN and STEVEN SWISHER, Civil Action — Law and Equity Defendants. PETITION TO OPEN DEFALUT JUDGMENT NOW COMES Defendants, Shea Quinn and Steven Swisher, by and through their attorneys, The Shagin Law Group LLC, and files the within Petition as follows: 1. Plaintiff is Phillip Johansen, an adult individual who resides at 155 South East Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter "Johansen"). 2. Defendant Shea Quinn is an adult individual residing at 119 East Main Street, Shiremantown, Cumberland County, Pennsylvania. ( hereinafter "Quinn") 3. Defendant Steven Swisher is an adult individual residing at 4905 Locust Lane, Harrisburg, Dauphin County, Pennsylvania. ( hereinafter "Swisher.") 4. On or about February 11, 2014, Plaintiff filed suit in the Court of Common Pleas of Cumberland County to the above -captioned term and number. 5. In the Complaint, Johansen asks for relief of monetary damages as well as for an order permanently enjoining Quinn and Swisher from using "The Luv Gods" in any manner. 6. In addition, Johansen alleges an oral agreement between the parties named herein whereby he asks for damages under a breach of said oral agreement. 7. While no formal Answer to the Complaint was filed by either Quinn or Swisher, and without benefit of counsel, by responding to Interrogatories they believed that those responses constituted an "Answer" so that no default judgment could be entered against them. 8. The Praecipe for Entry of Default Judgment does not state with any specificity what the judgment entails, and a hearing would be necessary in any event to determine what, if any, liability Quinn and Swisher would have Johansen. 9. In addition, as the two main performers in "The Luv Gods" band, there would be no musicians to use that name should Quinn and Swisher be permanently enjoined from playing under the name that has been used consistently by them since 2002. 10. There remain may disputed issues of material fact in order to assist any trier of facts to determine what, if any, relief should be granted, and an evidentiary hearing would be necessary. 11. Should the judgment stand, in any form without an evidentiary hearing, it would cause substantial harm to Quinn and Swisher from which they would never recover. WHEREFORE Defendants respectfully asks This Honorable Court to open the Default Judgment and to allow an evidentiary hearing on the merits. OJT //, 20 / l By: THE SHAGIN LAW GROUP LLC Jo tf."Kopec y, Esqu c/ Supreme Court ID #53147 120 South Street Harrisburg, PA 17101 (717)221-1111 Attorney for Defendants PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SHEA QUINN and STEVEN SWISHER, Defendants : NO. 13-2428 CIVIL TERM IN RE: DEFENDANTS' PETITION TO OPEN DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 18th day of June, 2014, upon consideration of Defendants' Petition To Open Default Judgment, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Ryan P. Siney, Esq. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff nna J. Kopecky, Esq. 120 South Street Harrisburg, PA 17101 Attorney for Defendants .rc edni p 'es LI 9/14/ —771e1 BY THE COURT, Christy! e L. Peck, J. PHILLIP JOHANSEN, Plaintiff v. SHEA QUINN and STEVEN SWISHER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 13-2428 : Civil Action - Law and Equity CO RESPONSE IN OPPOSITION TO PETITION TO OPEN DEFAULT JUDGfilEr AND NOW COMES Plaintiff, Phillip Johansen, by and through his attorneys, to state the following Response in Opposition to Petition to Open Default Judgment: 1 Plaintiff, Phillip Johansen, initiated this litigation by Writ of Summons issued May 2, 2013, which was personally served on Defendant, Shea Quinn on May 10, 2013 and on Defendant, Steven Swisher on May 13, 2013. 2. Plaintiff served pre -complaint discovery upon Defendants on June 28, 2013. 3 Defendants failed to respond to Plaintiffs pre -complaint discovery requests. 4. On September 26, 2013, Plaintiff filed a Motion to Compel Defendants' Discovery Responses, and on October 3, 2013 this Court issued a rule to show cause why Plaintiff's Motion to Compel Defendants' Discovery Responses should not be granted. 5. Defendants did not submit responses to Plaintiff's discovery requests and did not show cause why Plaintiffs Motion to Compel Defendants' Discovery Responses should not be granted, and therefore, this Court issued an Order on November 2, 2013 requiring Defendants to provide full and complete responses to Plaintiffs discovery requests. 6. Notwithstanding this Court's November 2, 2013 Order, Defendants have still not provided full and complete responses to Plaintiffs discovery requests. 7. On February 11, 2014, Plaintiff filed a Complaint. c. ) 8. Plaintiff's Complaint alleges that Defendants engaged in statutory and common law trademark infringement by using Plaintiff's trademark THE LUV GODS (Counts I and II), alleges that Defendants diluted Plaintiffs trademark THE LUV GODS (Count III), seeks a declaratory judgment regarding Plaintiff's sole and exclusive rights to the THE LUV GODS trademark and ordering Defendants to cease their unauthorized use of THE LUV GODS (Count IV), alleges that Defendants breached two contracts with Plaintiff (Counts V and VI) and asserts additional claims for promissory estoppels and fraudulent misrepresentation (Counts VII and VIII). 9. Defendants did not file any response to the Complaint, and a Praecipe for Entry of Default Judgment as to liability was filed on April 29, 2014. 10. Other than the Writ of Summons which was served on Defendants personally, each and every pleading filed by Plaintiff in this litigation has been mailed to Defendants at the address at which they were personally served with the Writ of Summons, and no mail has been refused or returned. 11. On June 13, 2014, 45 days after the filing of Plaintiff's Praecipe for Entry of Default Judgment, Defendants filed a Petition to Open Default Judgment. 12. The Petition to Open Default Judgment is the first pleading of any kind filed by Defendants since this litigation commenced more than one year ago. 13. A petition to open a default judgment can be granted only where (1) the petition to open is promptly filed; (2) the petitioners' failure to appear or file a timely answer must be excused; and (3) the party seeking to open the judgment shows a meritorious defense. Cintas Corp. v. Lee's Cleaning Servs., 549 Pa. 84, 93-94, 700 A.2d 915, 919 (1997) (citations omitted). 14. Defendants' Petition to Open Default Judgment satisfies none of the three requirements referenced above, and must therefore be denied. 15. As an initial matter, Defendants fail to satisfy the first requirement of a petition to open a default judgment because Defendants' Petition to Open Default Judgment was not filed promptly and Defendants offer absolutely nothing to explain their significant delay in seeking relief from the default judgment. See, ,ems., Pappas v. Stefan, 451 Pa. 354, 304 A.2d 143 (1973) (fifty five day delay in filing petition to open was not prompt and petitioner offered no satisfactory explanation for the delay); Madrid v. Alpine Mt. Corp., 2011 PA Super 117, 24 A.3d 380, 383 (citations omitted)("unexplained delays of 37, 41, and 47 days render a petition to open [judgment of non - pros] untimely"); Kelly v. Siuma, 2011 PA Super 234, 34 A.3d 86 (2011) (citations omitted) (trial courts were "generous" in determining that petitions to open after twenty four day delay and forty four day delay were prompt, but the delay must still be explained by the petitioner). 16. Defendants' Petition to Open Default Judgment was filed June 13, 2014, 45 days after Plaintiffs Praecipe for Default Judgment was filed on April 29, 2014. 17. Defendants only explanation for not filing a response or pleading before the Petition to Open Default Judgment is that "without the benefit of counsel, by responding to Interrogatories they believed that those responses constituted an `Answer' so that no default judgment could be entered against them." Petition to Open Default Judgment at ¶7. 18. Neither Plaintiff nor Plaintiffs counsel received any responses to the discovery requests served upon Defendants on June 28, 2013, and thus Plaintiff and Plaintiff's counsel are unaware of what responses are referenced in Paragraph 7 of Defendant's Petition to Open Default Judgment. 19. Additionally, "mere ignorance or inexperience with the legal process is by itself an insufficient justification for a default." Kilgallen v. Kutna, 226 Pa.Super. 323, 326 n. 5, 310 A.2d 396, 398 n. 5 (1973). See also Parkway Corp. v. Edelstein, 2004 PA Super 307, 861 A.2d 264, 269 (ignorance of procedural rules is not a "reasonable explanation or legitimate excuse" for non- compliance). 20. Defendants' Petition to Open Default Judgment cannot be granted where, as here, the delay in filing the petition is significant and there is no reasonable explanation or legitimate excuse for that delay. 21. Second, Defendants also fail to meet the requirements of a petition to open a default judgment because they offer nothing to explain their failure to file a timely response to Plaintiff's Complaint other than their own ignorance of the rules of civil procedure. See Petition to Open Default Judgment at ¶7. 22. Pennsylvania courts have repeatedly found that ignorance or misunderstanding of the rules of civil procedure are not justifiable excuses for purposes opening a default judgment after the failure to file a responsive pleading. See, e.g., Chester v. Stapleton, 72 Pa. Commw. 141, 148 456 A.2d 673, 676-77 ("Defendant cannot rely on an erroneous interpretation of the Rules of Civil Procedure and claim ignorance that an answer was due on or before the date specified"); Kilgallen, supra, 310 A.2d at 398 n.5; Parkway Corp., supra, 861 A.2d at 269. 23. Because they have offered no sufficient excuse for their failure to timely file a responsive pleading, Defendants fail to satisfy the second requirement of a petition to open and their Petition to Open Default judgment must be denied. 24. Lastly, Defendants' Petition to Open Default Judgment does not show any meritorious defense and instead baldly alleges that there are "disputed issues of material fact" without alleging what those disputed facts are. Petition to Open Default Judgment at ¶10. 25. "[I]n order to state a meritorious defense, a petitioner need only allege a defense that entitles him to a judgment in his favor, if proven at trial." Reid v. Boohar, 2004 PA Super 304, 856 A.2d 156, 162 (2004). A meritorious defense must be asserted in "precise, specific, clear and unmistaken terms" so as to justify grating a petition to open a default judgment. City of Philadelphia v. New Sun Ray Drug, Inc., 39 Pa. Commw. 111, 394 A.2d 1311, 1313 (1978). 26. Defendants' Petition to Open Default Judgment does not allege any defense that would, if proven, entitle them to judgment in their favor and does not allege any defense in precise, specific, clear or unmistaken terms. 27. Defendants claim that "[s]hould the judgment stand, in any form without an evidentiary hearing, it would cause substantial harm to [Defendants] from which they would never recover. Petition to Open Default Judgment at 1111. 28. Defendants do not offer any legal authority for the proposition that harm resulting from a default judgment is a factor to be considered by the Court when deciding a petition to open default judgment, and Plaintiff is not aware of any such authority. 29. While no hearing is necessary on the default already entered as to the fact of Defendants' liability to Plaintiff, Plaintiff acknowledges that a hearing is necessary to determine the monetary damages to which Plaintiff is entitled. 30. Although it is believed that Plaintiffs monetary damages exceed $50,000.00, Plaintiff is unable to determine with precision the amount of damages to which he is entitled without receiving the information sought in Plaintiff s discovery requests (to which no responses have been received). 31. Now that Defendants are represented by counsel and apparently intend to participate in this litigation, Plaintiff intends to complete discovery and file a motion to assess damages so that the monetary damages for which Defendants are liable can be determined by this Court. 32. Defendants are not entitled to open the default judgment already entered in this matter as to their liability to Plaintiff for the claims asserted in Plaintiff's Complaint, but may present their position regarding damages at the appropriate procedural opportunity. WHEREFORE, Plaintiff, Phillip Johansen, respectfully requests that this Honorable Court deny the Petition to Open Default Judgment filed by Defendants, Shea Quinn and Steven Swisher. TUCKER ARENSBERG, P.C. Dated: July 7, 2014 B HBGDB:144894-1 028487-158381 Rya P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717) 234-4121 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Ryan P. Siney, hereby certify that I have this day served the foregoing Response in Opposition to Petition to Open Default Judgment by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, addressed as follows: Dated: July 7, 2014 Johnna J. Kopecky, Esquire 120 South Street Harrisburg, PA 171 Ryan P. Siney PHILLIP JOHANSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW SHEA QUINN and STEVEN SWISHER, Defendants : NO. 13-2428 CIVIL TERM IN RE: DEFENDANTS' PETITION TO OPEN DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 17th day of October, 2014, upon consideration of Defendants' Petition To Open Default Judgment and Plaintiff's response thereto, it is hereby ordered that Defendants' Petition to Open Default Judgment is GRANTED. Defendants shall file an answer to Plaintiff s Complaint within twenty (20) days of the date of this Order. Ryan P. Siney, Esq. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 Attorney for Plaintiff Johnna J. Kopecky, Esq. 120 South Street Harrisburg, PA 17101 Attorney for Defendants :rc &pies ince., 7ed BY THE COURT, Christlee L. Peck, ie,/,'" 1/,/9 0 PHILLIP JOHANSEN, Plaintiff v. J : IN THE COURT OF COMMON PLEAS OF :CUMBERLANDCOUNTY, PENNSYLVANIA : DOCKET NO.13-2428 SHEA QUINN and STEVEN SWISHER, Civil Action — Law and Equity Defendants. ANSWER TO COMPLAINT NOW COME Defendants, Shea Quinn and Steven Swisher, by and through their attorneys, The Shagin Law Group LLC, and states in support of its Answer, as follows: 1. Admitted 2. Admitted. 3. Admitted. 4. Admitted as to the Plaintiff and Defendants being original members of The Luv Gods, but denied as to the inclusion of the Plaintiff as to part of the formation of The Luv Gods. 5. Denied; it is denied that Plaintiff selected the name; "The Luv Gods" was named by Shea Quinn. 6. Denied; it is denied that Plaintiff selected the name, as The Luv Gods name was selected by Shea Quinn. 7. Admitted in part, denied in part; it is admitted that the name "The Luv Gods" would be used by the group, but denied that it was agreed by the other members "with Planitff's consent and license" 8. Denied; it is denied that Plaintiff selected the name, as The Luv Gods name was selected by Shea Quinn. 9. Denied; The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 10. Denied; The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 11. Denied; The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 12. Denied; The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 13. Denied; the history of the musical group The Luv Gods is most closely associated with the Defendants. 14. Denied; the efforts of the Plaintiff had nothing to do with the success of The Luv Gods, which is most closely associated with the Defendants. 15. Admitted in part, denied in part; it is admitted that Plaintiff left the group in 2005 to join "Cheap Sneaker" but it is denied that the existing members of The Luv Gods needed his permission to use the name., In additions, the allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 16. Admitted. 17. Admitted in part, denied in part; it is admitted that Defendnats were the sole proprietors and operators of The Luv Gods, but the rest is denied, and part of this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 18. Denied. 19. Denied; The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 20. Admitted in part, denied in part; it is admitted that on occasion, Plaintiff rejoined the group for performances, but it is denied that it was frequently. 21. Denied. To plead further, Defendants did not ask Plaintiff at any time to permanently rejoin The Luv Gods. 22. Denied. To plead further, Defendants did not ask Plaintiff at any time to permanently rejoin The Luv Gods. 23. Denied.; to plead further, Defendants did not ask Plaintiff at any time to permanently rejoin The Luv Gods. 24. Denied. 25. Denied. 26. Denied. 27. Denied. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 28. Denied. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 29. Denied. 30. Denied. 31. Admitted that Plaintiff filed organizational documents with the State, but he did so only to frustrate the Defendants and to cause issue with the group. 32. Denied. 33. Admitted. 34. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 35. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 36. Denied. 37. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 38. Admitted. 39. Admitted. 40. Denied; the record speaks for itself. COUNT I: STATUTORY TRADEMARK INGRINGEMENT 41. No response is required. 42. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 43. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 44. Denied.The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 45. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 46. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 47. Denied; there is no confusion as to whom The Luv Gods are associated, as it is well known in the community that it the group owned by the Defendants. 48. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 49. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 50. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 51. Denied; the Defendants never needed permission of the Plaintiff. 52. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 53. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 54. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 55. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT II: TRADEMARK INFRINGEMENT 56. No response is required. 57. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 58. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 59. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 60. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 61. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 62. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 63. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 64. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 65. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 66. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT III: DILUTION 67. No response is required. 68. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict 69. The allegation response is required, and strict 70. The allegation response is required, and strict 71. The allegation response is required, and strict 72. The allegation response is required, and strict 73. The allegation response is required, and strict 74. The allegation response is required, and strict 75. The allegation response is required, and strict proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. 76. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 77. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 78. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 79. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT IV: DECLARATORY JUDGMENT 80. No response is required. 81. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 82. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 83. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 84. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT V: BREACH OF CONTRACT 85. No response is required. 86. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict 87. The allegation response is required, and strict 88. The allegation response is required, and strict 89. The allegation response is required, and strict 90. The allegation proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no proof is demanded at the time of trial. in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 91. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 92. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 93. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 94. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT VI: BREACH OF CONTRACT 95. No response is required. 96. Denied. 97. Denied. 98. Denied. 99. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 100. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 101. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 102. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request Your Honorable Court to dismiss the Complaint of the Plaintiff. COUNT VII: PROMISSORY ESTOPPEL 103. No response is required. 104. The allegationin this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 105. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 106. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 107. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 108. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, the Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff. COUNT VIII: FRAUDULENT MISREPRESENTATION 109. No response is required. 110. Denied. 111. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 112. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 113. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 114. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 115. Admitted in part, denied in part; it is admitted that Tory Keefer did join the group but it is denied that there was any promise to Plaintiff for a permanent position. 116. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 117. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. 118. The allegation in this paragraph constitutes a conclusion of law to which no response is required, and strict proof is demanded at the time of trial. WHEREFORE, Defendants respectfully request This Honorable Court to dismiss the Complaint of the Plaintiff 7tnrer�1- L/, 20/ By: THE SHAGIN LAW GROUP LLC Johnna J/ opeck ( squire Supreme Court ID #53147 120 South Street Harrisburg, PA 17101 (717)221-1111 Attorney for Defendants VERIFICATION I verify that the statements; made in this ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DA.1 ha Lit 1/ PHILLIP JOHANSEN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF :CUMBERLANDCOUNTY, PENNSYLVANIA : DOCKET NO.13-2428 SHEA QUINN and STEVEN SWISHER, Civil Action — Law and Equity Defendants. CERTIFICATE OF SERVICE I, Johnna J. Kopecky, Esquire hereby state that I caused a true and correct copy of Defendants' Answer to Complaint to the following recipient, First Class Mail, Postage Prepaid, on November 4, 2014: Ryan P. Siney, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Johnna ,/" opec , Esquire The Shagin Law Group, LLC 120 South Street Harrisburg, PA 17101 717-221-1111 Attorney for Defendants