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Home My WebLink About04-6502COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM CUMBERLAND DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.o4 NOTICE OF APPEAL l Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. Petz Unlimited,, Inc. 9-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP CODE 6560 Carlisle Pike, Mechanicsburg, PA 17050 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 12-9-04 Rehm, Adrian P., et al. VS Petz Unlimited, Inc. DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000697-04 This block will be signed ONLY when this notation is required and P . If appellant was Claima (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Adrian P. Rehm and Brian Ritter appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. C-Y4 0!U ( ) within twenty (20) da after service of rule or suffer entry of judgment of non pros. 'rim ,?. ??'00' ' A?of.ppliant or attorney or agent RULE: To Adrian P. Rehm and Brian Ritter ap ell s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. n Date: I{ 2 /? lJ?r?o C' ?/l1 p ) SS [l ?FC - -- /- - -- \? Sign lure of Prothonotary dr D p YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of fficiai My commission expires on AOPC 312A - 02 ,20 w ? 0 C: o c O '71 Q C-) CCD ' -te ' ?a n M COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist No.. 09-3-04 DJ Name. Hon THOMAS A. PLACEY Address. 104 s. SPORTING HILL RD. MECHANICSBURG, PA Telephone: 1717 761-8230 17050 ATTORNEY DEF PRIVATE : ROBERT S. MIRIN 2515 NORTH FRONT ST. HARRISBURG, PA 17110 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ FREHM, ADRIAN P, ET AL. 2540 GRANDVIEW DRIVE YORK HAVEN, PA 17370 L VS. DEFENDANT: NAME and ADDRESS FPETZ UNLIMITED 6560 CARLISLE PIKE MECHANICSBURG, PA 17050 L Docket.No.: CV-0000697-04 Date Filed: 11/04/04 4A DPFAUT•T MMr.NF:NT PT.TF 0 Judgment was entered for: (Name) RRHM, AnIRTAN P, F.T AT.- Fx? Judgment was entered against: (Name) 1PRT7 UW.TMTTF T) in the amount of $ 1,S9()-4() on: (Date of Judgment) ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) 12/09/04 Amount of Judgment $ 1,441.99 Judgment Costs $ 87.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,529.49 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date District Justice J I certify that this is a true a d correct copy of the record of the p oceedings containing the judgment. Date , District Justice My commission expires first Monday of January. 2010. SEAL AOPC 315-03 DATE PRINTED : 12/10/04 11:24:41 AM I 7 I ORIGINAL REHM, ADRIAN P. and RITTER, BRIAN Plaintiff, Appellee V. PETZ UNLIMITED, INC. Defendant, Appellant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6502 Civil Term DJ Docket No. CV 0000697-04 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. Personally appeared before me, a Notary Public in and for the said Commonwealth and County, on this 4th day of January 2005, DEBRA R. MEHAFFIE, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on December 28, 2004, I caused a Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File to be filed in the above referenced matter. 2. That on December 29, 2004, I forwarded by certified mail, return receipt requested, a copy of the Notice of Appeal and Praecipe to Enter Rule to File Complaint and rule to File to Brian Ritter and Adrain Rehm, as evidenced by the attached certified mail receipt. 3. That the aforesaid copy of the Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File sent to Brian Ritter and Adrain Rehm was delivered on December 31, 2004 as evidenced by the return receipt card signed by Plaintiff Ritter and attached hereto. 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Brian Ritter. SWORN TO and subscribed before me this 4th day of January 2005 N ary Public My Commission Expires: LAW OFFICES OF ROBERT S. MIRIN Harrisburg, PA 17110 717-909-9900 BY, e R. Mehaffie e?zl ID. No. 90951 2515 N. Front Street Notarial Seal Joann M. Potteiger, Notary Public City Of Harrisburg, Dauphin Comity My Coor m jon Expires July 23, x!006 Member, Perwvylvenia Association Of Notaries 2 CERTIFIED MAIL,.. RECEIF ' (Domestic Mail Only; No Insurance Covera r-l Y H A 7 *? Posta e s g W. 37 $2.30 O Certified Fee ` Postma O Return Reclept Fee (Endorsement Required) $] .7 _r , ,', •` x Herd J C3 Restricted Delivery Fee $(i , i I(I -0 (Endorsement Required) ru Total Postage & Fees $ $4.42 12/2912004 M 1-7 C3 ant To °- --------- reet Apt. No.; ----------------------- -------------------------------- PO Box No. or OPIGINAL REHM, ADRIAN P. and RITTER, BRIAN Plaintiff, Appellee V. PETZ UNLIMITED, INC. Defendant, Appellant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6502 Civil Term DJ Docket No. CV 0000697-04 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and for the said Commonwealth and County, on this 4th day of January 2005, DEBRA R. MEHAFFIE, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on December 28, 2004, I caused a Notice of Appeal to be filed in the above referenced matter. 2. That on December 29, 2004, I forwarded by certified mail, return receipt requested, a copy of the Notice of Appeal to District Judge Thomas A. Placey, as evidenced by the attached certified mail receipt. 3. That the aforesaid copy of the Notice of Appeal was delivered on December 30, 2004 to District Judge Thomas A. Placey as evidenced by the return receipt card attached hereto. 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Deb Ochs, a representative of District Judge Thomas A. Placey. LAW OFFICES OF ROBERT S. MIRIN B J ra R. Mehaffie ID. No. 90951 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SWORN TO and subscribed before me this 4th day of January 2005 tary Public My Commission Expires: Notarial Seal Joann M. Potteiger, Notary Public City Of Harrisburg, Dauphin County My Canmission Expires Jury 23, 2006 Member, Pennsylvania Association Of Notaries 2 1., Ileilo1s10c r i 13 R-ECEj,V D, JAN 0 3 2005 Oft pw 7003 2260 0007 0551 2969 PS-Fame 5U11, i4Mi?r?r 4 D?ntarllo Mlun RMt*t M11gi?N?ti . U.S. Postal Ser vice Ir M CERTIFIED R AIL ECEIPT -o T. • Only; No Insuranc e Coverage Provided) ru • y A 170 JA L ? Ln C3 Postage $ 0.37 Q.1S U 17 U. p Certified Fee , C3 lark p Retum Reclept Fee q --here (Endorsemerd Required) Rea=cted Delivery Fee (1. ,l -0 (ErWoraement Required) $4.42 12/29/21104 Total Postage S Fees M C3 ° o SON f : ........ -- --- ------- ----- ---- ----------- PO Box No. ------------------- Ctty, St16e, ZIf44 i7 l ADRIAN P. REHM BRYAN A RITTER Plaintiff VS. PETZ UNLIMITED Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No: 04-6502 CIVIL CIVIL ACTION- LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance personally or by attorney and filling in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complain or for any other claim or relief requested by the Plaintiff. You may lose money or property or other right important to you. Cumberland County Bar Association 32 S. Bedford St Carlisle, PA 17012 ADRIAN P. REHM IN THE COURT OF COMMON PLEAS BRYAN A RITTER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No: 04-6502 CIVIL PETZ UNLIMITED Defendant CIVIL ACTION- LAW COMP1G?f1?' 1. On October 31, 2004 we noticed our dog, Shorty didn't seem like him normal self. He laid around the house most of the day. Later that night he started hacking badly and seemed to have trouble breathing. We called the Silver Springs Animal Clinic Emergency Service number, we had to leave a message and they would get back to us but also in the message it said, " some calls may not get through". We waited for 15 minutes; on one bad called us back. When waiting for a call back, we called Willow Mill Animal Emergency Medical Center; we had made an appointment for 5:30 pm. At that time we called Petz Unlimited and spoke to Tim, he also could not get a hold of anyone at that number and said to us he would try the doctors' cell phone number and get back to us. We waited at home till 5:29 pm, when Tim finally called back and said he "could not get a hold of anyone either". We then called Willow Mill Animal Emergency Medical Center and said we were going to be late. 2. We proceeded up to Willow Mill Animal Emergency Medical Center where he was admitted into the overnight hospital due to pneumonia. They took X-rays showing that his lungs were very congested. We were required to make a $200.00 deposit upfront and the balance upon pick up the next morning. When we arrived the next morning we paid the balance of $17.00. The doctor explained to us his breathing had improved a little, but should be checked out by a daytime clinic. We also received drops to give him twice a day. 3. On Monday, November 1, 2004, we arrived home around 7 am and saw that Shorty was still hacking pretty badly. We called Silver Springs Animal Clinic to try to bring him in immediately due to we still noticed Shortys' trouble in breathing. The woman on the phone said "we could only bring him in with an appointment" the earliest one available was 11:30 am. So we called VCA Westshore Animal Hospital, which is Willow Mills' daytime hospital. We could bring Shorty in as soon as possible, which was 9:16 am. We bad taken the X-rays and drops we had received from Willow Mill. Dr. Albright, from VCA Westshore Animal Hospital, had looked at the X- rays taken and had also come to the conclusion Shorty had a severe case of pneumonia. The doctor requested we leave him in the hospital for 3 days, were he could be given the proper fluids and medications. We had to make a $298.00 deposit on the first day of hospitalization. 4. On Tuesday, November 2, 2004 we had gone into Petz Unlimited to try to resolve this matter and just get reimbursed for the medical bills. I had asked the women at the counter iF a manager or store manager was available, she said no. I, Adrian the talked to the woman about how when we purchased the dog on October 24, 2004, we noticed some slight coughing, we were told it was "just kennel cough, nothing major". I proceeded to tell her about the 10-day guarantee and how it stated in their own contract " You must supply Petz Unlimited with your veterinarian's written report, within 2 business days of diagnosis. I gave her all the estimates, diagnosis and a written statement from Dr. Albright. At that time the woman I was speaking to, went back to make copies; then some guy came up to us and asked if the dog had been lethargic, we told him yes. Then he just walked away, not saying who he was, or his name. We asked the woman I had spoke to and she replied "Port, the Owner of Petz Unlimited". That night Bryan and I went to the hospital to visit Shorty, and see how well he was improving. Shorty would be able to come home with us on November 3 2004. 5.On Wednesday, November 3, 2004 we had received a call from Debra Mehaffie, Petz Unlimited' Attorney at 12:10 pm. Ms Mehaffre asked us to fax all the papers concerning the dog due to the fact that, Port had only given her a few of the papers. So we faxed over the papers once, she called and said she did not receive them, so we faxed them again and did not hear anything back from her. Later that day we picked up the dog and received the new bill. The new bill was $1,208.17 due to further medications being needed. 6. On Friday, November 5, 2004 we received a letter from Ms Mehaffie stating she had only received " a medical record with no medical information, an invoice from the Animal Emergency Center, and an estimate of cost from VCA Westshore Animal Hospital". On Thursday, November, 2004 we received the same letter stating she still had not received anything. On Monday, November 15, 2004 we wrote up a letter to Ms Mebaffie and included every document we had on Shorty. We sent one packet out regular mail and the second pack out certified mail. 7. We had our court date set for Thursday, December 9, 2004 were Petz Unlimited stating that they were " attempting to resolve this matter, we do not intend to defend at the hearing". The only document we had received from Ms Mehaffie and Pet Unlimited was a letter on December 29, 2004 stating the file a Notice of Appeal. Adrian P. Rehm Bryan A. Ritter VERIFICATION PURSUANT TO Pa. R.C.P. No 1024 BRYAN A. RITTER states that all the information given is truthful and is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unworn falsification to authorities. BRYAN A. RITTER DATE: I /+ `i/GS ADRIAN P. REIB4 states that all the information given is truthful and is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unworn falsification to authorities. 1 C.&ac - C? ??la'712? 1 - /A4 -U5 ADRIAN P. REHM DATE: C ? J _?I .?1 _ ! NOTICE TO PLEAD TO: ADRIAN P. REHM AND BRYAN A. BITTER You are hereby notified to file a written response to the enclosed Preliminary Objections ofPetz Unlimited to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted: REHM, ADRIAN P. and RITTER, BRYAN A. Plaintiff V. PETZ UNLIMITED Defendant. ra R.. Mehaffie, Esquir Attorney for Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, :PENNSYLVANIA : NO. 04-6502 Civil Term PRELIMINARY OBJECTIONS OF PETZ UNLIMITED TO PLAINTIFFS' COMPLAINT Defendant, Petz Unlimited, by and through their attorneys, Law Offices of Robert S. Mirin, Debra R. Mehaffie, Esquire, hereby submit their Preliminary Objections to Plaintiffs' Complaint and respectfully request that the Complaint be dismissed with prejudice for the reasons set forth below. I. Preliminary Objection Pursuant to Pa.R.Civ. P. 1028(a)(1) Improper Form of Complaint Pa.R.C.P. 1028(a)(1) provides in pertinent part: "[p]reliminary objections may be filed by any party to any pleading and are limited to ... improper form ... of a complaint." 2. Plaintiffs improperly designate Petz Unlimited in the caption of the Complaint. 3. Plaintiffs fail to properly identify the parties throughout the Complaint. II. Preliminary Objection Pursuant to Pa.P Civ.P. 1028(a)(2) Failure To Conform to Law or Rule of Court and Inclusion of Impertinent Matter 4. Answering Defendant hereby incorporates each and every paragraph above as though set forth at length. 5. Pa.R.C.P. 1028(a)(2) provides that "[p]reliminary objections may be filed by any party to any pleading and are limited to ... failure of a pleading to conform to law or rule of court or inclusion of .... impertinent matter." 6. Pa.R.C.P. 1019(a) provides in pertinent part that "material facts on which a cause of action or defense is based shall be stated in a concise and summary form." The Complaint must do more than "give the defendant notice of what the plaintiff's claim is and the grounds upon which it rests." It should formulate the issues by fully summarizing the material facts. "Material facts are ultimate facts, i.e., those facts essential to support the claim ... Allegations will withstand challenge under [Rule] 1019(a) if (1) they contain averments of all of the facts the plaintiff will eventually have to prove in order to recover, and (2) they are "sufficiently specific so as to enable defendant to prepare his defense." Smith v. Waener, 588 A.2d 1308, 1310 (Pa. Super. 1991), citing Baker v. Rangos, 324 A2d 498, 505-506 (Pa. Super. 1974). Pa.R.C.P. 1019(0 provides in pertinent pan: that "[a]verments of time, place, and items of specific damages shall be specifically stated." 9. Pa.R.C.P. 1019(h) provides in pertinent part that "when any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 10. Pa.R.C.P. 1019(1) provides "[w]hen any claim or defense is based upon a writing, the pleader shall attach a copy of the writing ...... 11. Pa.R.C.P. 1020(a) provides that "the plaintiff may state in the complaint more than one cause of action against the same defendant heretofore asserted in assumpsit or trespass. Each cause of action and any special damages related thereto shall be stated in a separate count containing a demand for relief" 12. Pa.R.C.P. 1022 provides in pertinent part that "[e]very pleading shall be divided into paragraphs ... [and] [e]ach paragraph shall contain as far as practicable only one material allegation." 13. On or about January 14, 2005, Plaintiffs filed a civil complaint naming Defendant Petz Unlimited as a defendant. 14. Plaintiffs' Complaint fails to conform to the aforementioned Pennsylvania Rules of Civil Procedure because: (a) Plaintiffs fail to properly designate the defendant in the caption and throughout the Complaint; (b) Plaintiffs fail to set forth material facts in concise and summary form; (c) Plaintiffs fail to specifically aver time, place and items of specific damages; (d) Plaintiffs fail to attach the alleged contract referred to in paragraph four (4) of their Complaint nor do they explain the absence thereof, (e) Plaintiffs fail to identify any specific cause of action or theory of liability actionable under Pennsylvania law for which they are seeking recovery under; (f) Plaintiffs fail to request any remedy. 15. Plaintiffs' Complaint contains impertinent material not relevant to any cause of action cognizable under Pennsylvania law. III. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(3) Insufficient Specificity in a Pleading 16. Answering Defendant hereby incorporates each and every paragraph above as though set forth at length. 17. A Complaint must give the Defendants fair notice of the Plaintiff's claims and a summary of the material facts that support those claims. Pa. R.C.P. 1019(a); McClellan v. Health Maintenance Organization of Pennsylvania, 604 A.2d 1053, 413 Pa. Super. 128 (Pa.Super.Ct. 1992). The purpose of pleading is to ;place the Defendant on notice of the claims upon which they will have to defend. Id. 4 18. The Plaintiffs cannot recover on the vague facts as pled because Plaintiffs consistently fail to plead the requisite specific facts to place Defendant on notice of the claims they are pursuing or the theories of liability they rely on. IV. Preliminary Objection Pursuant to Pa.R.C.P.1028(a)(4) Legal Insufficiency of a Pleading (Demurrer) 19. Answering Defendant hereby incorporates each and every paragraph above as though set forth at length. 20. Pa. R.C.P. 1028(x)(4) provides that "[pjreliminary objections may be filed by any party to any pleading and are limited to ... legal insufficiency in a pleading." 21. A demurrer to a Complaint must be granted when the Court is certain that, as a matter of law, there would be no recovery upon the facts alleged. See e.g., Wurth by Wurth v. City of Philadelphia, 584 A.2d 403,136 Pa. Commw. Ct. 629 (Pa. Commw.Ct. 1990). In evaluating the Complaint in the context of a demurrer, "all well-pleaded material, factual averments and all inferences fairly deducible therefrom" are presumed true. Smith v. Wapner, 588 A.2d 1308, 1311 (Pa. Super 1992), citing Wicks v. Milzoco Builders. Inc., 470 A.2d 86,91 (1983). However, conclusions of law may not be considered. Id. 22. Pursuant to the standard for granting a demurrer, Plaintiffs' Complaint should be dismissed with prejudice because Plaintiffs fail to scat forth any cause of action and fail to pled material facts. Answering Defendant should not be required to guess what causes of actions Plaintiffs are pursing. V. Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(5) Lack of Capacity to Sue 23. Answering Defendant hereby incorporates each and every paragraph above as though set forth at length. 24. Pa. R.C.P. 1028(a)(5) provides in pertinent part that "[p]reliminary objections may be filed by any party to any pleading and are limited to ... lack of capacity to sue ...." 25. Plaintiffs' complaint improperly names Adrian P. Rehm as a Plaintiff because she lacks the capacity to sue since she was not the original purchaser. WHEREFORE, for all the foregoing reasons, Answering Defendant respectfully requests that this Court sustain their preliminary objections and dismiss Plaintiffs' Complaint in its entirety, with prejudice. Respectfully submitted, LAW OFFRICES OF ROBER S. MIRIN Date Id. No. 90951 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 CERTIFICATE OF SERVICE I hereby certify that on February 1, 2005 a copy of the foregoing Preliminary Objections of Petz Unlimited to Plaintiffs' Complaint was served upon the following by first class U.S. mail: Adrian P. Rehm and Brian A. Ritter 2540 Grandview Drive York Haven, PA 17370 C? C` ?? ? i _'? T _r` k?'' ... C'' ? ,,_' C.J -? ?.. . t f,'y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BRIAN RITTER & ADRIAN REHM, Plaintiffs : CIVIL ACTION-LAW vs. PETZ UNLIMITED, Defendant TO: PROTHONOTARY No. 2004 - 6502 PRAECIPE Please enter my appearance on behalf of the Plaintiffs, Brian Ritter and Adrian Rehm. Respectfully submitted, BAYLEY & WHARE Dated: March 2, 2005 lames elson, Esquire ttorney ID No. 91144 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiffs 1; User Folder Firm DorsTomisTrSyatiomemry. apperm,mce.wpd C :3 ?- . -1 ... .! -? ?1 7"7 ,i rt ? . .. Y` # 5 {:J ?? ?j 1, x ? , t 1 ' ? `t Curtis R. Long Prothonotary office of the Protbonotarp 11 Renee K. Simpson Cumberranb Countp Deputy Prothonotary John E. Slike Solicitor _Q41 - 1.5d? -CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717)7an_AcP7'2