HomeMy WebLinkAbout13-2749 Supreme Co-5 a'~ ; ennsylvania
Cour O o Pleas For Prothonotary Use only:
T
C4, i� y ve�r S�h -et
Docket No:
CU Ct� County
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Commencement of Action:
S
MA Complaint D Writ of Summons 0 Petition
❑ Transfer from Another Jurisdiction U Declaration of Taking
E
C Lead Plaintiff s Name: Lead Defendant's Name:
Derek R. Sheaffer Betty K. Sheaffer
T Dollar Amount Requested: X within arbitration limits
I Are money damages requested? U Yes No (check one) E outside arbitration limits
O
N Is this a Class Action Suit? i Yes Ili No Is this an MDJAppeal? 0 Yes ER No
A Name of Plaintiff /Appellant's Attorney: Dennis R. Sheaffer, Esquire
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T 0 Other:
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Updated 111/1011
DEREK R. SHEAFFER, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. CV - 2013
BETTY K. SHEAFFER,
Defendant, CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff, DEREK R. SHEAFFER, by and through his counsel,
Tucker Arensberg, P.C., and brings this claim against, Defendant, BETTY SHEAFFER, and in
support thereof alleges as follows:
1. Plaintiff, Derek R. Sheaffer, (hereinafter "Plaintiff ") is an adult individual who resides
at 403 North Star Drive, Harrisburg, Dauphin County, Pennsylvania 17112. Plaintiff's date of birth
is May 16, 1993.
2. Defendant, Betty K. Sheaffer, (hereinafter "Defendant ") is an adult individual who
resides at 321 Briar Ridge Circle, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant is the mother of Plaintiff.
4. As Plaintiff was growing up, he resided part -time with Defendant.
5. As Plaintiff was growing up, he was given certain gifts, some of which he kept at
Defendant's residence.
6. As Plaintiff was growing up, he received money as gifts and he placed some of that
money into one or more bank account(s). Defendant was listed as a custodian of said bank
account(s) because Plaintiff was a minor.
7. As Plaintiff was growing up, he was given gifts of U.S. Savings Bonds and
Defendant was named as custodian on said bonds because Plaintiff was a minor.
8. Plaintiff turned 18 years old on May 16, 2011.
9. After turning 18 years old, Plaintiff requested that Defendant give him his property
that was at Defendant's house, to turn over his bank account(s), and to give him his U.S. Savings
Bonds.
10. After Plaintiff's request, Defendant refused to return Plaintiff's property, bank
account(s) and U.S. Savings Bonds.
11. Defendant had closed out one of Plaintiff's bank account(s) at PSECU and taken all
the funds for herself. Defendant did not give the Plaintiff any of the money from his PSECU
account, nor has Defendant given Plaintiff any of the money from his bank account(s) since.
12. Defendant is wrongfully withholding Plaintiff's personal property without just cause.
COUNT
CONVERSION
13. Paragraphs 1 through 12 are incorporated herein by reference.
14. By refusing to return Plaintiff's property to him, Defendant has converted to her use
and for her purposes, the Plaintiff's personal property, money and U.S. Savings Bonds.
15. After demand by Plaintiff, Defendant has refused to return Plaintiff's property,
money and U.S. Savings Bonds.
16. As a result of the Defendant's failure to return Plaintiff's property, Plaintiff has
suffered significant emotional distress and loss of use, interest and income from the items that the
Defendant continues to retain without the Plaintiff's permission.
17. It is believed that the Defendant does not intend to return Plaintiff's personal
property, money, or U.S. Savings Bonds.
18. Defendant only had possession of Plaintiff's property as a custodian for the Plaintiff
until Plaintiff reached the age of majority.
19. Defendant is exercising unlawful control of Plaintiff's personal property, money and
U.S. Savings Bonds.
2
20. Defendant has no right, title or claim to the ownership or possession of Plaintiff's
personal property, money and U.S. Savings Bonds.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter Judgment in
favor of the Plaintiff and against the Defendant for the value of his personal property, bank
account(s) and U.S. Savings Bonds, plus compensation for emotional distress and loss of use,
attorney's fees, costs, and other such relief as this Court may deem just and proper. The amount
requested is believed to be less than the jurisdictional limits for compulsory arbitration.
COUNT II
REPLEVIN
21. Paragraphs 1 through 20 are incorporated herein by reference.
WHEREFORE, Plaintiff respectfully requests this Court to enter a judgment in replevin for
the Plaintiff and against the Defendant for the return of all of Plaintiff's personal property, money
and U.S. Savings Bonds. If Defendant does not deliver said items to the Plaintiff, the Plaintiff
respectfully requests this Court to enter Judgment in his favor for the value of his personal
property, money and U.S. Savings Bonds, plus compensation for emotional distress and loss of
use, attorney's fees, costs, and such other relief as the Court may deem proper.
COUNT III
BREACH OF FIDUCIARY DUTY AND MISAPPROPRIATION OF FUNDS
22. Paragraphs 1 through 21 are incorporated herein by reference.
23. By virtue of her relationship to the Plaintiff, the Defendant owed the Plaintiff a
fiduciary duty.
24. The Defendant has misappropriated and used for her own purposes, Plaintiff's
personal property and funds which were entrusted to her for the Plaintiff and for the Plaintiff's
benefit.
3
25. As a direct result of Defendant's actions, Plaintiff has suffered significant emotional
distress and loss of use, interest and income from the items that the Defendant has taken from
Plaintiff and refuses to return.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter Judgment in
favor of the Plaintiff and against the Defendant for the return of his personal property, money and
Savings Bond, or, alternatively, for the value of his personal property, bank account(s) and U.S.
Savings Bonds, along with compensation for emotional distress and loss of use, attorney's fees,
costs, and other such relief as this Court may deem just and proper. The amount requested is
believed to be less than the jurisdictional limits for compulsory arbitration.
COUNT V
PUNITIVE DAMAGES
26. Paragraphs 1 through 25 are incorporated herein by referenced.
27. At all relevant material times, Defendant has acted in bad faith and exercised
unlawful control over the Plaintiff's personal property, money and U.S. Savings Bonds.
28. Defendant's conduct in this matter has been and continues to be intentional, wanton
and outrageous.
29. It is believed that Defendant intends to continue to deprive the Plaintiff of his
personal property, money and U.S. Savings Bonds.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter Judgment in
favor of the Plaintiff and against the Defendant for punitive damages, attorney's fees, costs, and
4
such other relief as the Court may deem just and proper. The amount requested is believed to be
less than the jurisdictional limits for compulsory arbitration.
Respectfully Submitted,
TUCKER ARENSBERG, PC
By:
Dennis . She fer
Attorney I.D. #39182
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108 -0889
(717) 234 -4121
Dated: May 15, 2013 ATTORNEYS FOR PLAINTIFF
5
VERIFICATION
I, the undersigned, Derek R. Sheaffer, hereby certify that I am the PLAINTIFF in
the foregoing action, and that the statements made in the foregoing document 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 unsworn falsification to authorities.
DATE: � IS
Derek R. Sheaffer
H BG D B:121997 -1 999999 - 999999
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ff RAnderson
Sheri
Jody S Smith ��
Chief Deputy
Richard W Stewart
Solicitor 0MCE TH,,!R fPRfF CU B yL%4N
Derek R. Sheaffer
Case Number
vs.
Betty K. Sheaffer 2013-2749
SHERIFF'S RETURN OF SERVICE
05/20/2013 07:07 PM Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Betty K. Sheaffer at 321 Briar Ridge Circle, East Pennsboro, Enola, PA 17025.
RYAN BURGETT, DE
SHERIFF COST: $45.41 SO ANSWERS,
May 24, 2013 RbNW R ANDERSON, SHERIFF
{c}CountySuite Sheriff,Teleosoft,Inc.
Betty K.Sheaffer,Pro Se -
Defendant
321 Briar Ridge Circle
Emtla. PA 171025 -
717-602-3919
b"hcm(fel)I0'6,jgrndiw om
DEREK R. SHEAFF'ER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNI'Y,PA
V. NO. 13-2749 Civil Term
BETTY K. SHEAFFER,
Defendant CIVIL ACTION—LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Betty K. Sheaffer, pro se, for Defendant in the above-
captioned case.
Respectfully submitted,
n
~
Bet K caffer, Pro _.._
321 Briar Ridge Circle
Enolaa PA 17625
(717) 662-3919
bkshc Llcr()165(algmail.com
Dated: -/1 6
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person and
in the manner indicated below:
VIA FIRST-CLASS MAIL
Dennis R. Sheaffer, Esquire
Tucker Arensberg, P.C.
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
Betty K. SJ eaffer;Pro Se
321 Briar Ridge Circle
Enola, PA 17025
(717) 602-3919
bksheaffer0105 @gmai I.com
Dated: �����
e.,
r`
Betty K. Sheaffer,Pro Se
Defendant
321 Briar Ridge Circle
Enola, PA 17025
(717)602-3919
bksheafter0105'a ginad.corn
DEREK R. SHEAFTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 13-2749 Civil Term
BETTY K. SHEAFFER,
Defendant CIVIL ACTION —LAW
ANSWER TO COMPLAINT OF PLAINTIFF,
DEREK R. SHEAFFER
AND NOW, comes Defendant, Betty K. Sheaffer,pro se, and hereby submits her Answer
to the Complaint filed by Plaintiff, Derek R. Sheaffer. In support thereof, Defendant, Betty K.
Sheaffer, avers and represents as follows:
1. Admitted.
2. Admitted.
3. Admitted.
1
4. Admitted in part; denied in part. It is admitted that Defendant had shared legal and
physical custody with Plaintiff until 2010. It is denied that Defendant had Plaintiff"part-time"
since Defendant had to pay child support after 2010 when Plaintiffs attorney, his father, Dennis
R. Sheaffer, forced Plaintiff to reside with him one more day a week.
5. Admitted.
6. Admitted in part; denied in part. It is admitted that Plaintiff received money as gifts. By
way of further response, Defendant opened one account in 2003 for Plaintiff at PSECU and was
listed as custodian because Defendant wanted Plaintiff to learn the meaning of saving some of
his money that he received. It is denied that Plaintiff placed this money into the account and
strict proof therefore is demanded at trial.
7. Admitted in part; denied in part. It is admitted that Plaintiff received savings bonds from
Defendant's place of employment and that these savings bonds are in both Defendant and
Plaintiff's name.
8. Admitted.
9. Denied. Plaintiff has never initiated any conversation with Defendant to turn over his
savings bonds, his PSECU account, and any personal properly to him. Furthermore, on June 2,
2011, Plaintiff told Defendant that if she did not drop the appeal that was before the Superior
Court against his father, and now attorney, that Plaintiff would never be allowed to see
Defendant again. Defendant never dropped the appeal and Plaintiff has never since called
Defendant (Plaintiffs cell phone was taken away from him in 2011 by his father and now
attorney, Dennis R. Sheaffer), and Plaintiff has never stopped by her residence or been in contact
with any of Defendant's family members or friends. However, Defendant has been at Drexel
2
(where Plaintiff was going to college), his place of employment at Purkey Will and has sent him
cards and letters but Plaintiff has never once asked Defendant for his savings bonds, his PSECU
account,or any of his personal properly. Strict proof thereof is demanded at trial.
10. Denied. Plaintiff'has never initiated any conversation with Defendant to turn over his
savings bonds, his PSECU account, and any personal property to him. Furthermore, on June 21
2011, Plaintiff told Defendant that if she did not drop the appeal that was before the Superior
Court against his father, and now attorney, that Plaintiff would never be allowed to see
Defendant again. Defendant never dropped the appeal and Plaintiff has never since called
Defendant (Plaintiffs cell phone was taken away from him in 2011 by his father and now
attorney, Dennis ll- Sheaf7er), and Plaintiff has never stopped by her residence or been in contact
with any of Defendant's family members or friends. However, Defendant has been at Drexel
(where Plaintiff was going to college), his place of employment at Turkey Hill and has sent him
cards and letters but Plaintiff has never once asked Defendant for his savings bonds, his PSECU
account,or any of his personal property. Strict proof thereof is demanded at trial.
IF Admitted in part; denied in part. it is admitted that Defendant closed out
Plaintiffs account at PSECU in February of 2011 due to the fact that Defendant did not want
Plaintiff to take these funds out when he turned 18 years of age. It is denied that Defendant used
these funds for herself. These funds are still available for Plaintiff. Strict proof thereof is
demanded at trial.
12. Denied. It is denied that Defendant is wrongfully withholding Plaintiff's personal
property without just cause. By way of further response,attached hereto and made a part hereof
as Defendant's Exhibits A and B are Plaintiffs attorney, his father, Dennis R. Sheaffer's letter
3
dated February 27,2013, and Defendant's reply to said letter dated March 4, 2013. Furthermore,
Defendant demands strict proof thereof at trial.
WHEREFORE, Defendant, Betty K. Sheaffer, respectfully requests that Plaintiff's
Complaint be dismissed and/or denied in its entirety-
COUNT I
CONVERSION
13. No responsive pleading is required.
14.-20. Defendant hereby incorporates preceding Paragraph 12 as if fully set forth herein.
WHEREFORE, Defendant, Betty K. Sheaffer, respectfully requests that Plaintiffs
Complaint he dismissed and/or denied in its entirety.
COUNT II
REPLEVIN
21,No responsive pleading is required.
WHEREFORE., Defendant, Betty K. Sheaffer, respectfully requests that Plaintiff's
Complaint be dismissed and/or denied in its entirety.
COUNT 111
BREACH OF FIDUCIARY DUTY AND MISAPPROPRIATION OF FUNDS
21 No responsive pleading is required.
21-25. Defendant hereby incorporates preceding Paragraph 12 as if fully set forth herein.
4
WHEREFORE, Defendant, Betty K. Sheaffer, respectfully requests that Plaintiffs
Complaint be dismissed and/or denied in its entirety.
COUNT V(should be M
PUNITIVE DAMAGES
26. No responsive pleading is required.
27-29. Defendant hereby incorporates preceding Paragraph 12 as if fully set forth herein. By
way of further response, attached hereto as Exhibit C is Defendant's letter dated May 22, 2013,
indicating that Plaintiff can have said items in exchange for a Release from both Plaintiff and his
father and attorney, Dennis R. Sheaffer. Defendant received a letter dated May 24, 2013,
indicating that he, Dennis R. Sheaffer, would not sign a Release.
WHEREFORE, Defendant, Betty K. Sheaffer, respectfully requests that Plaintiff's
Complaint be dismissed and/or denied in its entirety.
Respectfully submitted,
Betty . Sheaffer, Pro Se,
321 Briar Ridge Circle
Eno]& PA 17025
(717)602-3919
bksheaffeT0105 @gmail.com
Dated:
S
TucKERARENSBERG
Artorneys
Dennis shea '
do fterouckeiiawcom
February 27, 2013
Betty K. Sheaffer
321 Briar Ridge Circle
Enola, PA 17025
Re: Derek Sheaffer
Dear Ms. Sheaffer
Your son, Derek, would like you to return all the funds you have taken from his bank accounts,
his savings bonds and all other items of property that you have taken or still retain. Please
return all the money, bonds and property to my office within the next seven (7) days or we will
be proceeding on his behalf to obtain the return of those funds and property. Your prompt
attention is expected.
Very truly yours,
Ve �tr
Dennis R. Sheaffer
DRS/ppt
cc: Derek Sheaffer
HB66B:13349 1 49999&999399
Tucker Arwrberg.HC. 2Lennwne.Dnw WW200 Lernoyne,PAi7W p.717.234AI21 f.717.232AW2 www.Wekerlawxom
1500 One PPG Puce Pittsburgh,PA 15222 p.412.566.1212 f 412.594.5619
Betty K Sheaffer
321 Briar Ridge Circle
Enola,PA 17025
(717)602-3919
March 4,2013
Dennis R.Sheaffer,Esquire
TUCKER ARENSBERG,P.C.
2 Lemoyne Drive
Suite 200
Lemoyne,PA 17043
RE: Derek Roger Sheaffer
Dear Mr. Sheaffer:
Thank you for your letter dated February 27, 20I3. It is always wonderful to hear from
you! Once again, it is all about money that you want from me NOT ABOUT OUR SON'S
WELL-BEING! This is my concern! I pray one day You will realize that he does need his
mother in his life.
Your letter surprises me in that I have been in contact with Derek numerous times and we
have talked about MONEYI Because you do not want our son to have a relationship with me(f
he does,you will not pay for his college and this is what he wantsj,I am not willing to just hand
over money that I SAVED for him. I might also remind you that the bonds I have for Derek are
in my name as well as his, and yes, I still have them just like I had his graduation money that I
gave him that were from my frieads (in fact, he would have received a lot more had you not
isolated him from me, my family,and my friends). Do you really think this is healthy for him?
Wbat did my parents and family ever do to him except love him!S What have my friends done?
What have I done except stand up to you! I hate what you are teaching our son! I hate how you
tell him that I am stealing HIS money! If it wasn't for me. he would not have this money_
The bonds were from my place of employment and were given to me. It does not say anywhere
on these bonds that they are for Derek's college??? For that matter, I can do what I want with
these! Furthermore,the money that I saved for him and that is in his savings account also came
from money that I saved and money that my friends and family gave him for birthdays. I opened
an account early on because I wanted him to learn the meaning of saving money. AGAIN,IF IT
WASN'T FOR ME BEING SO DILIGENT IN SAVING THIS MONEY, HE WOULD NOT
HAVE IT!
This is to let you know, just like I told Derek, that I WAS GOING to help him with
college just like my parents would have helped him with college. They inherited a lot of money
from my Uncle who passed away and were going to give their graadclvidren money for college,
however,because of you telling Derek that if I did not drop the appeal,I would not see him
Dennis R Sheeffer,Esquire -2- Match 4,2013
again! It is because of your interference and cutting him off from my side of the family and
everyone that laves him, they,just !tike me, are not lust swiaa to band over maim to him
NOWT I mean seriously,my father had a stroke last year and was not expected o Live. I called
Derek numerous times on his cell phone and Aunt Chris even f icelooked him bur yet we heard
nothing from him! Ob,how sad!
This is your doing, Bennis, am mine! Abo, if Derek wants anything from me, I
believe he is old enough to ask me...just like be did almost the last three years of high
school, HOW MUCH AM I PAYING FOR COLLEGE? HOW MUCH AM I PAYING
FOR COLLEGE? It was like a broken record! I surely do not miss those days at all!
I wish all of you the very beat! I sincerely mean that! I really have had enough of your
threats and your most bizarre behavior. You really do need to stop doing drugs. I understand
you still go out to the track(Hollywood Casino),people tell me they see you there and I have run
into some of your high school friends that have done drugs with you! In fact, I have been in
contact with Tina and she filled me in on your brother(was in jail for drugs and you represented
him) and what your life was like after I left(and you have the nerve to talk about me!). We also
visited your parents who told me THEY WERE PAYING NOTHING FOR DEREK'S
COLLEGE! They told me they bought him a laptop, which I bad purchased for him the year
before but he told me that you were going to buy one for him so he didn't want the one that I
bought him. So I really am py lexed as to why Derek wants anything from me! He dkln_'t
want the Deis lamtom that I bought for him,,he doesn't want to stay by to net his birtbdav
Rifts, etc., he doesn't want a relations with me but HE DOES WANT ALL THE
MONEY I.SAVED FOR MM?? At his 18'birthday party,he didn't want gas cards that my
sister had purchased for him, he wanted Itunc cards and he made it known! I Could not believe
what I was hearing! I talked to him later about it because I was so shocked and disappointed that
he was not grateful for what he received! Also, he talked like he was so much better than
everyone else! He kept repeating how you bought hum his vehicle(I said he could have my Audi
since I was buying a new car), his cell phone, and that he was going to Dresc!! Well, we all
know what happened there! So look at what you have crested,Dennis! It is just so sad! I pray
every day that our son WILL GROW UP TO BE A RESPONSIBLE ADULT, HAVE
EMPATHY FOR OTHERS, BE ABLE TO GIVE AND RECEIVE LOVE IN A HEALTHY
MANNER,HAVE AMBITION, SET GOALS, ALWAYS BE THE BEST THAT FIE CAN BE
AND BE HIS OWN PERSON (not what you want him to be) AND learn that life is not ALL
ABOUT MONEY! This is what I tried to teach him! You don't think thinking out of Drexel;
not going to class had anything to do wAh us! He kept telling me he couldn't wait to go to
college to get away from us! I really think Derek should see a counselor but I know this will
never happen because he thinks the way you do!
Dennis R. Sheatfer -3- March 4,2013
Do you know how many children are out there that wished they had a mother that cared
and loved them the way that I did and still do about Derek?? I know firsthand and I have plenty
of love to give to this child. Yes, I have made mistakes (what patent hasn't, except you!) but
Derek to this day knows l will always love him and be there for him if he needs me despite all
that has happened.
Sincerely,
BcnydS.Sneaffer
fbks
P.S. I am not going to cc Derek because he already knows my position on this topic.
Betty K. Sheaffer
321 Briar Ridge Circle
Enoia,PA 17025
(717)602-3919
May 22,2013
Dennis R.Sheaffer,Esquire
TUCKER ARENSBERG,P.C.
2 Lemoyne Drive,Suite 200
Lemoyne,PA 17043
RE: Derek R. Sheaffer,Plaintiff v.Betty K Sheaffer,Defendant
No. 13-2749 Civil Term
Dear Mr. Sheaffer.
This is to confirm the message I left you on Monday,May 20,2012,and my conversation
with you on Tuesday, May 21, 2013, wherein I indicated that Derek could have his savings
bonds,all of his personal belongings, and all of his money in his account at PSECU in exchange
for a Release basically indicating that I (Defendant) hold nothing else of Plaintiffs in my
possession and that no further contact in the future will ever be initiated between Plaintiff, Derek
R. Sheaffer, and you, his father, Dennis R. Sbeaffer (also his attorney). You indicated that you
would not sign a Release because you are not a party to this action. However, you are his father
and you are the one representing him and YOU are the one who wants the money;otherwise,just
like I stated in my letter to you dated March 4, 2013, Derek is now of legal age and he can ask
me for said items if he wants them. (See letter dated March 4,2013,enclosed herein.)
If you are in agreement, I will have Aunt Chris come to your office to drop off
everything; however, both you and Derek will have to sign the Release. You will have five (5)
business days from the date of this letter to respond. If I do not hear from you, I will file my
Answer to the Complaint and we will proceed in Court. If we proceed that way, I will be filing
discovery and taking your client's deposition. I will also be retaining counsel and seeking
attorney's fees.
Also, I see that your address on the Complaint is 111 North Front Street, P.G. Box 889,
Harrisburg Pennsylvania, 17108-0889. Please advise which address is correct since your letter
dated February 27,2013,is from 2 Lemoyne Drive, Suite 200,Lemoyne,Pennsylvania, 17043.
Thank you for your attention to this matter.
Sin ly,
Ibks Betty
Enclosure
, r
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document upon the person and
in the manner indicated below:
VIA FIRST-CLASS MAIL
Dennis R. Sheaffer,Esquire
Tucker Arensberg, P.C.
2 Lemoyne Drive,Suite 200
Lemoyne,PA 17043
I'
Betty Pro ge
321 Bridr Ridge Circle
Enola,PA 17025
(717)602-3919
bksheaffer0I05(u gmail.com
Dated:
6
VERIFICATION
I, Betty K. Sheaffer, hereby verify that the statements contained in the foregoing
document are true and correct to the best of my knowledge, information and belief. I understand
that false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unswom falsification to authorities.
Betty K..S teaffer ,
DATED: 6-�1i12
DEREK R. SHEAFFER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-2749 CIVIL TERM
BETTY K. SHEAFFER,
Defendant : CIVIL ACTION - LAW
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff, Derek R. Sheaffer, certify that:
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date on which the
subpoena is sought to be served;
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate,
(3) no objection to the subpoena has been received, and
(4) the subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the subpoena.
TUCKER ARENSBERG, P.C.
By.
Dated: January 7, 2015
HBGDB:148132-1 999999-999999
Dennis Sheaff
Attorney I.D. #39182
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
(717) 234-4121
Attorney for Plaintiff
TUCKER
ARENSBERG
Attorneys
December 17, 2014
Via First Class Mail
Betty Kline Caylor
321 Briar Ridge Circle
Enola, PA 17025
Dennis R. Sheaffer
dsheaffer@tuckerlaw.com
Re: Derek R. Sheaffer v. Betty K. Sheaffer
Docket No.: 13-2749
Dear Ms. Caylor:
Enclosed is Plaintiff's Notice of Intent to Serve Subpoena on PSECU, in the above -referenced
action.
Please advise whether you have any objections, and if not, whether or not you will waive the
twenty (20) day notice period. If you intend to waive the twenty (20) day notice period, please
countersign this letter and return to our office.
Thank you for your attention to this matter.
Very truly yours,
TUCKER ARENSBERG, P.C.
Dennis R!'Sheaffer
DRS/mbl
Enclosures
cc: Derek R. Sheaffer
I hereby agree to waive the twenty (20) day
notice period for PSECU
Betty Kline Caylor
Dated: December , 2014
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
DEREK R. SHEAFFER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13-2749 CIVIL TERM
BETTY K. SHEAFFER,
Defendant : CIVIL ACTION - LAW
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff, DEREK R. SHEAFFER, intends to serve a subpoena on PSECU, identical to the
one that is attached to this notice. You have twenty (20) days from the date listed below in which
to file of record and serve upon the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Dated: December 17, 2014 By:
HBGDB:147775-1 999999-999999
TUCKER ARENSBERG, P.C.
Dennis R. eaffer
Attorney I.D. #39182
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
Telephone: (717) 234-4121
Attorneys for Plaintiff,
Derek R. Sheaffer
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEREK R. SHEAFFER
Plaintiff
VS.
BETTY K. SHEAFFER
TO: PSECU
Defendant
. File No. 13-2749
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
See attached Exhibit "A".
at Tucker Arensberg, P.C.,'2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAIL: Dennis R. Sheaffer, Esquire
ADDRESS: Tucker Arensberg, P.C.
2 Lemoyne Drive, Suite 200
Lemoyne, PA 17043
TELEPHONE: (717) 234-4121
SUPREME COURT ID # 39102
ATTORNEY FOR: Plaintiff
Date:
IrQ (lb
Seal of the Court
BY THECOUR
Prothonotary, Civil Division
Deputy
Exhibit "A"
Any and all documents in your possession (including electronically stored information),
including but not limited to all account numbers and statements, regarding any accounts
held by or in the name of Derek R. Sheaffer, individually or jointly, or which was held on
his behalf (custodial accounts) from May 16, 1993 to present.
CERTIFICATE OF SERVICE
AND NOW, this 17th day of December, 2014, I, Maria B. LaRue, Paralegal to Dennis R.
Sheaffer, Esquire, for the firm of TUCKER ARENSBERG, P.C., hereby certify that a copy of the
within document was served by placing it in the United States Mail, postage prepaid, addressed to
the following:
Betty Kline Caylor
321 Briar Ridge Circle
Enola, PA 17025
By: 1 Y
Maria B. aRue
H BG DB:147775-1 999999-999999
,6 igoL&Q_
CERTIFICATE OF SERVICE
AND NOW, this 7th day of January, 2015, I, Maria B. LaRue, Paralegal, for the law firm
of Tucker Arensberg, P.C., hereby certify that I have this day served the foregoing Certificate
Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 by depositing a true and correct
copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Betty Kline Caylor
321 Briar Ridge Circle
Enola, PA 17025
('/
By: (Y0t,�j,(r��
MariB. LaRue
H B G D B :14 813 2-1 999999-999999