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HomeMy WebLinkAbout14-1406Supreme Courfof ;Pennsylvania Courtwof- Common, Pleas Civil COVeriSheet CUMBERLAND County For Prothonotary Use Only: rJ j,� �� r . .r. Docket No: /1/ / e, 7 NeA Ril 1 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: Petition Declaration of Taking Complaint * Writ of Summons * J Transfer from Another Jurisdiction * Lead Plaintiff's Name: DONNA SNYDER Lead Defendant's Name: DAN RAWLINGS QUARTERHORSES, LTD. Dollar Amount Requested: i within arbitration limits Are money damages requested? 13 Yes *1 No (check one) outside arbitration limits Is this a Class Action Suit? • * Yes l3 No Is this an MDJAppeal? * Yes ® No Name of Plaintiff/Appellant's Attorney: GARY E. THOMPSON (are a Self - Represented (:Pro Sel Litigant) Check here if you have no attorney 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) ▪ Intentional O Malicious Prosecution Motor Vehicle O Nuisance Premises Liability Product Liability (does not include mass tort) O Slander/Libel/ Defamation Other: MASS TORT Asbestos Tobacco O Toxic Tort - DES O Toxic Tort - Implant Toxic Waste 0 Other: PROFESSIONAL LIABLITY El Dental El Legal Medical Other Professional: CONTRACT (do not include Judgments) O Buyer Plaintiff 0 Debt Collection: Credit Card Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other Other: BUSINESS REAL PRO?ERTY 0 Ejectme. t Emineri. Domain /Condemnation Ground "cent Landlc- Tenant Dispute O Mortgac.. Foreclosure: Residential Mortga_ : Foreclosure: Commercial O Partition. O QuietTi•'e O Other: CIVIL APPEALS Administrative Agencies Board of Assessment O Board of Elections Dept. of Transportation Statutory Appeal: Other O Zoning Board • Other: MISCELLANEOUS O Common Law /Statutory Arbitration Declaratory Judgment 0 Mandamus 0 Non - Domestic Relations Restraining Order Quo Warranto Replevin Other: 1 Updated 1/1/2011 CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire I.D. # 48339 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) THIS IS AN ARBITRATION MATTER. THIS IS NOT A MOTOR VEHICLE CASE ASSESSMENT OF DAMAGES IS NOT REQUIRED. Attorney for Plaintiffs Donna Snyder 7328 Wertzville Road Carlisle, PA 17015 Plaintiffs v. Dan Rawlings Quarterhorses, Ltd. 1629 Treasure Lake Dubois, PA 15801 And Daniel Rawlings 1629 Treasure Lake Dubois, PA 15801 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL N /�1 _ I �� /2t tO i a') C) .r -0 a -t rri 00 r r; _ -2 -[ > —J ,-:..; i >7" C (\J t[ 1 — -..: -I :'M3 --C cn :: 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 by 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 or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERENCE AND INFORMATION SERVICE .1/0317S/ ' 96 s1:) 302 6 s3 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)- 249 -3166 CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(0 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES IS NOT REQUIRED. THIS IS NOT A MOTOR VEHICLE CASE. Attorney for Plaintiffs Donna Snyder 7328 Wertzville Road. Carlisle, PA 17105 Plaintiffs v. Dan Rawlings Quarterhorses, Ltd 1629 Treasure Lake Dubois, PA 15825 AND Daniel Rawlings 1629 Treasure Lake Dubois, PA 15825 Defendants : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA • • CIVIL ACTION NO. COMPLAINT AND NOW, comes the Plaintiff, Donna Snyder, by and through her attorney, Gary E. Thompson, and files the following Complaint against the Defendants, Dan Rawlings Quarterhorses, Ltd. And Daniel Rawlings COUNTI 1. Plaintiff, is an adult individual residing at 7328 Wert zville Road, Carlisle, PA 17015 2. Defendant, Dan Rawlings Quarterhorses, Ltd., hereinafter referred to as the "Company ", is a Pennsylvania Corporation with a principal place of business at the aforesaid address. 3. At all times material hereto, the Company acted through their duly authorized agents, employees, workmen and servants who were acting in the course and scope of their employment or authority. 4. From various times beginning October, 2012 to present, Plaintiff and the Company engaged in various business transactions related to the buying, selling and general overall maintenance and upkeep of various horses at the Company's horse farm in Dubois, PA. 5. Accurate records of all debits and credits of the aforementioned business relationship were maintained by Plaintiff. 6. As of January 31, 2014, the amount due and owing Plaintiff from the Company was seventeen thousand and nineteen dollars and thirty five cents ($17,019.35) 7. Despite repeated demands, said sum remains outstanding. WHEREFORE, Plaintiff Donna Snyder demands judgment against Defendant, Dan Rawlings Quarterhorses, Ltd., for the sum of Seventeen Thousand and Nineteen Dollars and Thirty-Five Cents ($17,019.35) together with cost of suit and interest. COUNT II 8. Plaintiff, Donna Snyder, repeats and alleges each and every allegation of Count I as if same were set forth in full, herein. 9. Defendant, Daniel Rawlings, hereinafter referred to as "Rawlings ", is an adult individual residing at the aforesaid address. 10. Rawlings personally authorized and agreed to be responsible for all of the business transactions in question. 11. The amount due and owing from Rawlings is seventeen thousand and nineteen dollars and thirty-five cents ($17,019.35). 12. Despite repeated demands, said sum remains outstanding. WHEREFORE, Plaintiff Donna Snyder demands judgment against Defendant Daniel Rawlings, for the sum of Seventeen Thousand and Nineteen Dollars and Thirty -Five Cents ( $17,019.35) together with cost of suit and interest. Res ctftilly s Gary E. ."T.s meson, Esquire Attorney for Plaintiff VERIFICATION I, Donna Snyder, hereby state that I am a party to the within action and that the Pleading is based upon factual information that I have furnished to my counsel. The factual information contained in the aforementioned Pleading is the language of myself. I have read the Pleading and to the extent that the Pleading is based upon legal issues, I have relied on my attorney. I have read the Pleading and to the extent that the Pleading is based upon information that I have given to my attorney, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Pleading are that of counsel, I have relied upon counsel in making this verification. 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. onna Snyder CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire I.D. # 48339 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) THIS IS AN ARBITRATION MATTER. THIS IS NOT A MOTOR VEHICLE CASE ASSESSMENT OF DAMAGES IS NOT REQUIRED. Attorney for Plaintiffs Donna Snyder IN THE COURT OF COMMON PLEAS 7328 Wertzville Road OF CUMBERLAND COUNTY, Carlisle, PA 17015 PENNSYLVANIA Plaintiffs v. CIVIL ACTION -LAW Dan Rawlings Quarterhorses, Ltd. 1629 Treasure Lake Dubois, PA 15801 And Daniel Rawlings 1629 Treasure Lake Dubois, PA 15801 Defendants NO. 14 -1406 C tt Z rn -`v (/) J ca in PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Complaint filed in this matter on March 7, 2014, a copy of which is attached hereto. C ELLA & ASSOCIATES, P.C. G' E. Thompso , Esquire Attorney for Plaintiffs Atty. I.D. ## 48339 $ 61.`?5 Pc Air``/ Coq (0466 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA SNYDER, Plaintiff, vs. DAN RAWLINGS QUARTER HORSES, LTD, and DANIEL RAWLINGS, Defendants. D0138727.I CIVIL DIVISION NO. 14-1406 PRAECIPE FOR APPEARANCE Filed on behalf of: Dan Rawlings Quarter Horses, Inc., and Daniel Rawlings, Defendants Counsel of record for this party: Deanna Lyn Fahringer, Esquire Attorney ID # 310602 DAVIS & DAVIS 107 East Main Street Uniontown, PA 15401 (724) 437-2799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONNA SNYDER, Plaintiff, : NO. 14-1406 vs. DAN RAWLINGS QUARTER HORSES, : LTD, and DANIEL RAWLINGS, Defendants. PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Please enter my Appearance on behalf of the Defendants, Dan Rawlings Quarter Horses, LTD., and Daniel Rawlings, in the above- captioned case. Respectfully submitted, Date: May 15, 2014 D0138719.1 yn DAVIS & DAVI PA Attorney ID#310602 107 East Main Street Uniontown, PA 15401 724-437-2799 DONNA SNYDER, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAN RAWLINGS QUARTER HORSES, LTD, and DANIEL RAWLINGS, Defendants. D0138727.1 CIVIL DIVISION NO. 14-1406 DEFENDANT'S PRELIMINARY OBJECTIONS TO THE PLAINTIFFS COMPLAINT Filed on behalf of: Dan Rawlings Quarter Horses, Inc., and Daniel Rawlings, Defendants Counsel of record for this party: Deanna Lyn Fahringer, Esquire Attorney ID # 310602 DAVIS & DAVIS 107 East Main Street Uniontown, PA 15401 (724) 437-2799 DONNA SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL DIVISION DAN RAWLINGS QUARTER HORSES, LTD., and DANIEL RAWLINGS, : No. 14-1406 Defendants. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, by and through their attorney, Deanna Lyn Fahringer, Esquire, of Davis & Davis, file the within Preliminary Objections to the Plaintiff, Donna Snyder's, Complaint, and avers as follows: I. FACTS The Plaintiff', Donna Snyder, was a previous client of the Defendant, Dan Rawlings Quarter Horses, LTD, wherein she would board her horses at the Defendant, Daniel Rawlings, facility. The Defendant, Daniel Rawlings, is the owner and/or operator of Dan Rawlings Quarter Horses, LTD, and currently trains the horses boarded at his facility. While the Plaintiff, Donna Snyder, boarded her horses at the facility of the Defendants, Dan Rawlings would train her horses, take them to horse shows, prepare them for horse shows, show them, etc. The Plaintiff, Donna Snyder, filed a Complaint in the Court of Common Pleas of Cumberland County filed March 7, 2014. In the Complaint the Plaintiff, Donna Snyder, asserts and alleges that the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, owes her $17,019.35, without any proof or asserting any legally cognizable claims. The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, pursuant to D0138723.1 Rule 1028 of the Pennsylvania Rules of Civil Procedure, and for all of the reasons set forth below, file the following Preliminary Objections: a.) Failure to State a Legally Cognizant Claim; b.) Improper Venue; and, c.) Failure to Plead with Specificity. The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint in its entirety, with prejudice. A. FIRST OBJECTION: PLAINTIFF HAS FAILED TO STATE A LEGALLY COGNIZABLE CLAIM (DEMURRER) Pursuant to Rule 1019 of the Pennsylvania Rules of Civil Procedure, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, object to the Plaintiff's Complaint because she has failed to allege a legally cognizable claim. 1. The Plaintiff, Donna Snyder, states in her Complaint that the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, owe her $17,019.35, having no facts to support that contention, or no legal claims to support that contention. 2. The Plaintiff's claim is barred as a matter of law, and is not legally cognizable under any facts which she has articulated in her Complaint or which she could articulate in any subsequent proceeding. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, ask this Honorable Court to dismiss the Plaintiff's Complaint as she has failed to plead a legally sustainable cause of action. D0138723.1 B. SECOND OBJECTION: VENUE DOES NOT LIE IN CUMBERLAND COUNTY Pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, object to the Plaintiff's Complaint on the basis of improper venue. In support of their objection, the Defendants aver as follows: 1. The Defendant, Daniel Rawlings, resides at 1629 Treasure Lake, Dubois, Clearfield County, Pennsylvania 15801. 2. The Defendant, Dan Rawlings Quarter Horses LTD, has a place of business at 1629 Treasure Lake, Dubois, Clearfield County, Pennsylvania 15801. 3. The basis of the within Complaint arose out of an actions and/or transactions that occurred in Clearfield County, Pennsylvania. 4. The Plaintiff, Donna Snyder, resides at 7328 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015. 5. That the Plaintiff, Donna Snyder, admits in her Complaint that she and the Defendants "engaged in various business transactions related to the buying, selling, and general overall maintenance and upkeep of various horses at the Company's farm in Dubois, Pennsylvania." 6. The Plaintiff, Donna Snyder, admits, by way of her Complaint, that the business transactions occurred in Dubois, Clearfield County, Pennsylvania. 7. That Pennsylvania Law stated that a Plaintiff can only file suit in the county where the Defendant resides, the county where the Defendant has a business address, or the county where the events and/or transactions occurred. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel D0138723.1 Rawlings, ask this Honorable Court to dismiss the Plaintiff's Complaint based on improper venue. C. THIRD OBJECTION: THE PLAINTIFF'S ALLEGATIONS ARE NOT PLED WITH SUFFICIENT SPECIFICITY Pursuant to Rule 1019 of the Pennsylvania Rules of Civil Procedure, the Defendants object to the Plaintiff's Complaint because she has failed to allege with specificity averments of time, place, and special damages. The Defendants aver the following in support of this Objection: 1. Rule 1019 requires that special damages shall be specifically stated. The Plaintiff, Donna Snyder, has failed to plead her alleged damages with specificity. There is absolutely no support documentation to support the extraordinary amount of funds allegedly due and owing to her for various business transactions. 2. The Plaintiff, Donna Snyder, has failed to specifically plead the allegations set forth in the Complaint. The allegations are based entirely on what the Plaintiff, Donna Snyder, believes she is owed, without any supporting documentation. 3. The Plaintiff, Donna Snyder, does not plead dates and times in which any of these alleged business transactions took place. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, ask this Honorable Court to dismiss the Plaintiff's Complaint based on improper venue. D0138723.1 Respectfully Submitted, DAVIS & BY Dated: D0138723,1 y for Esquire ants VERIFICATION 1, Daniel Rawlings, Individually and as Owner/Operator of Dan Rawlings Quarter Horses, ,, verify that the statements made in this foregoing Answer to Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904; relating to unsworn falsifications to authorities. Date: 001.187311 1 2-014 Daniel Rawlings, Individually and as Owner/Operator of Dan Rawlings Quarter Horses, CERTIFICATE OF SERVICE I do hereby certify that I have this date mailed a true and correct copy of the within document to the following persons and/or counsel by first class mail and email: Gary E. Thompson, Esquire Carosella & Associates, P.C. 882 South Matlack Street, Suite 101 West Chester, PA 19382 Attorney for the Plaintiff Respectfully submitted, Date: WI Is! W14 D0138723.1 ey for the Defen Ronny R Anderson Sheriff Jody S Smith Chief Deputy. Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1:)FICE OFTkE, &k RIF= EI :); THE FROTH 2014 MAY 23 AM 10:16 CUMBERLAND COUNTY PENNSYLVANIA Donna Christina Snyder vs. Dan Ralwings Quarthorses, LTD (et al.) Case Number 2014-1406 SHERIFF'S RETURN OF SERVICE 03/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Ralwings Quarthorses, LTD, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Clearfield, Pennsylvania to serve the within Complaint & Notice according to law. 03/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Rawlings, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Clearfield, Pennsylvania to serve the within Complaint & Notice according to law. 04/16/2014 The Sheriff of Clearfield County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Rawlings, but was unable to locate the Defendant in his bailiwick. The Clearfield County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 1629 Treasure Lake, Dubois, PA 15801. 04/16/2014 The Sheriff of Clearfield County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Ralwings Quarthorses, LTD, but was unable to locate the Defendant in his bailiwick. The Clearfield County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 1629 Treasure Lake, Dubois, PA 15801. 04/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Ralwings Quarthorses, LTD, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Clearfield, Pennsylvania to serve the within Complaint & Notice according to law. 04/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dan Rawlings, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Clearfield, Pennsylvania to serve the within Complaint & Notice according to law. 05/13/2014 02:50 PM - The requested Complaint & Notice served by the Sheriff of Clearfield County upon Dan Rawlings, personally, at 1629 Treasure Lake, Dubois, PA 15801. Wesley B. Thurston, Sheriff, Return of Service attached to and made part of the within record. 05/13/2014 02:50 PM - The requested Complaint & Notice served by the Sheriff of Clearfield County upon Dan Rawlings, who accepted for Dan Ralwings Quarthorses, LTD, at 1629 Treasure Lake, Dubois, PA 15801. Wesley B. Thurston, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $98.00 SO ANSWERS, May 20, 2014 (c) CourtySuite Sheriff, Teleosoft, bac. RONZ ANDERSON, SHERIFF To Deputy 05/05/2014 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 14-1406 DONNA SNYDER vs DAN RAWLINGS QUARTERHORES, LTD. AND DANIEL RAWLINGS SERVICE # 2 OF 2 PRAECIPE TO REINSTATE / COMPLAINT SERVE BY: 05/24/2014 HEARING: PAGE: 111784 DEFENDANT: DANIEL RAWLINGS ADDRESS: 1629 TREASURE LAKE DUBOIS, PA 15801 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/AAR CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT OCCUPIED SHERIFF'S RETURN NOW,Z 1 `Q 1,1 0\ 4 A r AM PM SERVED THE WITHIN PRAECIPE TO hEINSTATE / COMPLAINT ON DANIEL RAWLINGS, DEFENDANT BY HANDING TO 1 axn\�\ 0,.L.J\\K /-YAkC,v1A A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM / HER THE CONTENTS THEREOF. ADDRESS SERVED 1 C2-,-1 S \---Th`l� ��� S% O\ MResidence ( ) Employment ( ) Sheriffs Office ( ) Other NOW AT AM / PM POSTED THE WITHIN PRAECIPE TO REINSTATE / COMPLAINT FOR DANIEL RAWLINGS AT (ADDRESS) NOW AT AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO DANIEL RAWLINGS REASON UNABLE TO LOCATE SWORN TO BEFORE ME THIS AY OF rnSgt 2014 BRIAN K. S'ENCER Prothonotary My Commission Expires 1st Monday in January 2018 Clearfield Co., Clearfield, PA So Answ; rs:W SLEY = - ON, SHERIFF BY: Signature 1 Deputy Name To Deputy 05/05/2014 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 14-1406 DONNA SNYDER vs DAN RAWLINGS QUARTERHORES, LTD. AND DANIEL RAWLINGS SERVICE # 1 OF 2 PRAECIPE TO REINSTATE / COMPLAINT SERVE BY: 05/24/2014 HEARING: PAGE: 111784 DEFENDANT: DAN RAWLINGS QUARTERHORSES, LTD. — 71 I — q\ ADDRESS: 1629 TREASURE LAKE DUBOIS, PA 15801 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/PIC CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT OCCUPIED NOW, PRAECIPE TO R NSTATE / COMPLAINT ON DAN RAWLINGS QUARTERHORSES, LTD., DEFENDANT SHERIFF'S RETURN (3, AT r AM / ERVED THE WITHIN BY HANDING T A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM / HER THE CONTENTS THEREOF. ADDRESS SERVED r-'LCt,.S v re— DO -(yjResidence ( ) Employment ( ) Sheriffs Office ( ) Other NOW AT AM / PM POSTED THE WITHIN PRAECIPE TO REINSTATE / COMPLAINT FOR DAN RAWLINGS QUARTERHORSES, LTD. AT (ADDRESS) NOW AT AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO DAN RAWLINGS QUARTERHORSES, LTD. REASON UNABLE TO LOCATE SWORN TO BEFORE ME THIS 1 D Y OF BRIAN K. SPE CER Prothonotary My Commission Expires 1st Monday In January 2018 Clearfield Co., Clearfield, PA 2014 L So Answers:WESLEY BY: STON, SHERIFF To Deputy 03/21/2014 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 14-1406 DONNA SNYDER vs DAN RAWLINGS QUARTERHORSES, LTD. AND DANIEL RAWLINGS COMPLAINT vb SERVE BY: 04/0:012014 HEARING: PAGE: 111659 DEFENDANT: DAN RAWLINGS QUARTERHORSES, LTD. ADDRESS: 1629 TREASURE LAKE DUBOIS, PA 15801 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/PIC SERVICE # 1 OF 2 CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT OCCUPIED SHERIFF'S RETURN NOW, AT AM / PM SERVED THE WITHIN COMPLAINT ON DAN RAWLINGS QUARTERHORSES, LTD., DEFENDANT BY HANDING TO / A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM / HER THE CONTENTS THEREOF. ADDRESS SERVED ( )Residence ( ) Employment ( ) Sheriff's Office ( ) Other NOW AT AM / PM POSTED THE WITHIN COMPLAINT FOR DAN RAWLINGS QUARTERHORSES, LTD. AT (ADDRESS) NOW aLi- AT 1 ' d AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO DAN RAWLINGS QUARTERHORSES, LTD. REASON UNABLE TO LOCATE wii ss 14.,../.5k `-t'a dtrtAk$ Se4+4/103' DAT G 1* S'� Dv4 rg pier)/ SWORN TO BEFORE ME THIS So Answers:WESLEY B THURSTO , HE FF BY: t° DAY OF Afsl 1 2014 De.uty Signature BRIAN K. SPENCER Prothonotary My Commission Expires 1st Monday in January 2018 Clearfield Co., Clearfield, PA To Deputy 03/21/2014 IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA NO: 14-1406 DONNA SNYDER vs DAN RAWLINGS QUARTERHORSES, LTD. AND DANIEL RAWLINGS COMPLAINT 0c SERVE BY: 04/0/2014 HEARING: PAGE: 111659 DEFENDANT: DANIEL RAWLINGS ADDRESS: 1629 TREASURE LAKE DUBOIS, PA 15801 ALTERNATE ADDRESS SERVE AND LEAVE WITH: DEFENDANT/AAR SERVICE # 2 OF 2 CIRCLE IF THIS HIGHLIGHTED ADDESS IS: VACANT OCCUPIED SHERIFF'S RETURN NOW, AT AM / PM SERVED THE WITHIN COMPLAINT ON DANIEL RAWLINGS, DEFENDANT BY HANDING TO / A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM / HER THE CONTENTS THEREOF. ADDRESS SERVED ( )Residence ( ) Employment ( ) Sheriffs Office ( ) Other NOW AT COMPLAINT FOR DANIEL RAWLINGS AM / PM POSTED THE WITHIN AT (ADDRESS) NOW 64 a1— t AT I : 60 PA.. AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK, I MAKE RETURN OF NOT FOUND AS TO DANIEL RAWLINGS -6T>pu'EatS litAykeLE AkE 5e.2✓rcg Dua To Com- SS d6.l W' Y J Ava d..M t k/ REASON UNABLE TO LOCATE SWORN TO BEFORE ME THIS 1° DAY OF (1V 2014 Lam;//'� BRIAN K. SPENCER Prothonotary My Commission Expires 1st Monday in January 2018 Clearfield Co., Clearfield, PF+ So Answers:WELEY B TH1TfdN, SHRIF BY:“Ai— eputy Signature Print Deputy Name CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire I.D. # 48339 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) CUIISEi?L PEi",#iS r14Al/ NT y Attorney for Plaintiffs Donna Snyder 7328 Wertzville Road Carlisle, PA 17015 Plaintiffs v. Dan Rawlings Quarterhorses, Ltd. 1629 Treasure Lake Dubois, PA 15801 And Daniel Rawlings 1629 Treasure Lake Dubois, PA 15801 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.: 14-1406 PETITION FOR CHANGE OF VENUE AND NOW COMES the Petitioner, Donna Snyder, by and through her underdersigned counsel, and avers as follows: 1. The Petitioner, DONNA SNYDER, is the Plaintiff in the case. 2. The Respondents, DAN RAWLINGS QUARTERHORSES, LTD., and DAN RAWLINGS are the Defendants in the case. 3. On or about March 13, 2014 Plaintiff filed a complaint against defendant. A true and correct copy of the Complaint is hereto attached and marked Exhibit "A". 4. On or about April 24, 2014, the complaint was re -instated. 5. On or about May 15, 2014, Defendants Accepted Service and filed Preliminary Objections. A true and correct copy of the filing by Defendants' is hereto attached and marked Exhibit "B". 6. Of Defendant's preliminary objections, Defendants' argue that venue is improper, because Defendants are located in Clearfield County, and the complaint arose out of actions and/or transactions that occurred in Clearfield County, Pennsylvania. See Exhibit 1355. 7. The parties, along with Counsel for Plaintiff and Defendants, agree that this matter should be heard in Clearfield County. 8. Petitioner further requests that all costs associated with the change of venue shall be paid by the Petitioner. WHEREFORE, the Petitioner requests this Honorable Court enter an Order to change the venue of this matter to Clearfield County, Pennsylvania, and Order the Prothonotary to transfer said case. Date: C (t 1 �L/ RESPECTFULLY SBMITTED, Gary E. Thompson, Esquire Attorney for Petitioner EXHIBIT «A» Supreme Court=of ennsylvania Court of'Common aPleas xF over Sheet CUMBERLAND County For Prothonotary Use Only: Docket No: /t The information collected on this. form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lair' or rules of court. Commencement of Action: Petition Declaration of Taking 121 Complaint r Writ of Summons illi I Transfer from Another Jurisdiction I Lead Plaintiffs Name: DONNA SNYDER Lead Defendant's Name: DAN RAWLINGS QUARTERHORSES, LTD. Dollar Amount Requested: £2 within arbitration limits Are money damages requested? Id Yes r No (check one) * outside arbitration limits Is this a Class Action Suit? It Yes No Is this an MDJAppeal? * Yes 12 No Name of Plaintiff/Appellant's Attorney: GARY E. THOMPSON a Self -Represented JPro Se] Litigant) I Cheek here if you have no attorney (are 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) O Intentional O Malicious Prosecution 0 Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation O Other: MASS TORT 0 Asbestos Tobacco O Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABLITY O Dental. O Legal 0 Medical O Other Professional: CONTRACT (do not include Judgments) 0 Buyer Plaintiff • Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other. Ox Other: BUSINESS REAL PROPERTY Ejectment. 0 Eminent Domain/Condemnation O Ground Rent 0 Landlorr;l/Tenant Dispute —O-Mortgag Foreclosure: Residential - 0 Mortgag,, , Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies O Board of Assessment Board of Elections 0 Dept. of Transportation O Statutory Appeal: Other 0 Zoning Board O Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration Declaratory Judgment Mandamus 0 Non -Domestic Relations Restraining Order 01 Quo Warranto 0 Replevin D Other: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet: (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule., (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at.www.pacoi:::ts.us. CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire I.D. # 48339 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) THIS IS AN ARBITRATION MATTER. THIS IS NOT A MOTOR VEHICLE CASE ASSESSMENT OF DAMAGES IS NOT REQUIRED. Attorney for Plaintiffs Donna Snyder 7328 Wertzville Road Carlisle, PA 17015 Plaintiffs v. Dan Rawlings Quarterborses, Ltd. 1629 Treasure Lake Dubois, PA 15801 And Daniel Rawlings 1629 Treasure Lake Dubois, PA 15801 Defendants IN TH N; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CT) rn• (`, 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 by 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, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERENCE AND INFORMATION SERVICE CD Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)-249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the s al of said Co at C-rl'sle, pa. 20 T Prothonotary This 7 day of //IL CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES IS NOT REQUIRED. THIS IS NOT A MOTOR VEHICLE CASE. Attorney for Plaintiffs Donna Snyder 7328 Wertzville Road. Carlisle, PA 17105 Plaintiffs V. Dan Rawlings Quarterhorses, Ltd 1629 Treasure Lake Dubois, PA 15825 AND Daniel Rawlings 1629 Treasure Lake Dubois, PA 15825. Defendants : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY :PENNSYLVANIA CIV G E , ACTION NO. COMPLAINT AND NOW, comes the Plaintiff, Donna Snyder, by and through her attorney, Gary E. Thompson, and files the following Complaint against the Defendants, Dan Rawlings Quarterhorses, Ltd. And Daniel Rawlings COUNTI 1 Plaintiff, is an adult individual residing at 7328 Wertzville Road, Carlisle, PA 17015 2. Defendant, Dan Rawlings Quarterhorses, Ltd., hereinafter referred to as the "Company", is a Pennsylvania Corporation with a principal place of business at the aforesaid address. 3. At all -times matendfliereto, the Company acted throuig their duly authorized agents, employees, workmen and servants who were acting in the course and scope of their employment or authority. 4. From various times beginning October, 2012 to present, Plaintiff and the Company engaged in various business transactions related to the buying, selling and general overall maintenance and upkeep of various horses at the Company's horse farm in Dubois, PA. 5. Accurate records of all debits and credits of the aforementioned business relationship were maintained by Plaintiff. 6. As of January 31, 2014, the amount due and owing Plaintiff from the Company was seventeen thousand and nineteen dollars and thirty five cents ($17,019.35) 7. Despite repeated demands, said sum remains outstanding. WHEREFORE, Plaintiff Donna Snyder demands judgment against Defendant, Dan Rawlings Quarterhorses, Ltd., for the sum of Seventeen Thousand and Nineteen Dollars and Thirty -Five Cents ($17,019.35) together with cost of suit and interest. COUNT II 8. Plaintiff, Donna Snyder, repeats and alleges each and every allegation of Count I as if same were set forth in full, herein. 9. Defendant, Daniel Rawlings, hereinafter referred to as "Rawlings", is an adult individual residing at the aforesaid address. 10. Rawlings personally authorized and agreed to be responsible for all of the business transactions in question. 11. The amount due and owing from Rawlings is seventeen thousand and nineteen dollars and thirty-five cents ($17,019.35). 12. Despite repeated demands, said sum remains. outstanding. WHEREFORE, PlaintiffDonna Snyder demands judgment against Defendant Daniel Rawlings, for the sum of Seventeen Thousand and Nineteen Dollars and Thirty -Five Cents ( $17,019.35) together with cost of suit and interest. Res. - ctfull-y-s Gary E. :son, Esquire Attorney for Plaintiff VERIFICATION I, Donna Snyder, hereby state that I am a party to the within action and that the Pleading is based upon factual information that I have furnished to my counsel. The factual inforuiation contained in the aforementioned Pleading is the language of myself. I have read the Pleading and to the extent that the Pleading is based upon legal issues, I have relied on my attorney. I have read the Pleading and to the extent that the Pleading is based upon information that I have given to my attorney, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Pleading are that of counsel, I have relied upon counsel in making this verification. 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. Dat Donna Snyder EXHIBIT air IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA SNYDER, Plaintiff, vs. CIVIL DIVISION NO. 14-1406 DAN RAWLINGS QUARTER HORSES, LTD, and DANIEL RAWLINGS, PRAECIPE FOR APPEARANCE Defendants. DOI30727. Filed on behalf of: Dan Rawlings Quarter Horses, Inc., and Daniel Rawlings, Defendants Counsel of record for this party: Deanna Lyn Fahringer, Esquire Attorney ID # 310602 DAVIS & DAVIS 107 East Main Street Uniontown, PA 15401 (724) 437-2799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONNA SNYDER, Plaintiff, : NO. 14-1406 vs. DAN RAWLINGS QUARTER HORSES, : LTD, and DANIEL RAWLINGS, Defendants. PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Please enter my Appearance on behalf of the Defendants, Dan Rawlings Quarter Horses, LTD., and Daniel Rawlings, in the above- captioned case. Respectfully submitted, Date: May 15, 2014 D013B719.1 yn DAVIS & DAV PA Attorney ID#310602 107 East Main Street Uniontown, PA 15401 724-437-2799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA SNYDER, Plaintiff, vs. DAN RAWQUARTER UARTER HORSES, .� a LTD, andtDANIEL RAWLINGS',' t 1'Defendants.' 1)01.18727. I CIVIL DIVISION NO. 14-1406 DEFENDANT'S PRELIMINARY OBJECTIONS TO THE PLAINTIFFS COMPLAINT Filed on behalf of: Dan Rawlings Quarter Horses, Inc., and Daniel Rawlings, Defendants Counsel of record for this party: Deanna Lyn Fah'ringer, Esquire Attorney ID # 310602 ,DAVIS -84 DAVIS 107 East Main Street Uniontown; PA, 15401 (724) 4.37=2799 Rule 1028 of the Pennsylvania Rules of Civil Procedure, and for all of the reasons set forth below, file the following Preliminary Objections: a.) Failure to State a Legally Cognizant Claim; b.) Improper Venue; and, c.) Failure to Plead with Specificity. The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint in its entirety, with prejudice. A. FIRST OBJECTION: PLAINTIFF HAS FAILED TO STATE A LEGALLY COGNIZABLE CLAIM (DEMURRER) Pursuant to Rule 1019 of the Pennsylvania Rules of Civil Procedure, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, object to the Plaintiff's Complaint because she has failed to allege a legally cognizable claim. 1. The Plaintiff, Donna Snyder, states in her Complaint that the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, owe her $17,019.35, having no facts to support that contention, or no legal claims to support that contention. 2. The Plaintiffs claim is barred as a matter of law, and is not legally cognizable under any facts which she has articulated in her Complaint or which she could articulate in any subsequent proceeding. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, ask this Honorable Court to dismiss the Plaintiffs Complaint as she has failed to plead a legally sustainable cause of action. DO I3723. B. SECOND OBJECTION: VENUE DOES NOT LIE IN CUMBERLAND COUNTY Pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, object to the Plaintiff's Complaint on the basis of improper venue. In support oftheir objection, the Defendants aver as follows: 1. The Defendant, Daniel Rawlings, resides at 1629 Treasure Lake, Dubois, Clearfield County, Pennsylvania 15801. 2. The Defendant, Dan Rawlings Quarter Horses LTD, has a place of business at 1629 Treasure Lake, Dubois. Clearfield County, Pennsylvania 15801. 3. The basis of the within Complaint arose out of an actions and/or transactions that occurred in Clearfield County, Pennsylvania. 4. The Plaintiff, Donna Snyder, resides at 7328 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015. 5. That the Plaintiff, Donna Snyder, admits in her Complaint that she and the Defendants "engaged in various business transactions related to the buying, selling, and general overall maintenance and upkeep of various horses at the Company's farm in Dubois, Pennsylvania." 6. The Plaintiff, Donna Snyder, admits, by way of her Complaint, that the business transactions occurred in Dubois, Clearfield County, Pennsylvania. 7. That Pennsylvania Law stated that a Plaintiff can only file suit in the county where the Defendant resides, the county where the Defendant has a business address, or the county where the events and/or transactions occurred. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel D0138723.1 Rawlings, ask this Honorable Court to dismiss the Plaintiff's Complaint based on improper venue. C. THIRD OBJECTION: THE PLAINTIFF'S ALLEGATIONS ARE NOT PLED WITH SUFFICIENT SPECIFICITY Pursuant to Rule 1019 of the Pennsylvania Rules of Civil Procedure, the Defendants object to the Plaintiff's Complaint because she has failed to allege with specificity averments of time, place, and special damages. The Defendants aver the following in support of this Objection: 1. Rule 1019 requires that special damages shall be specifically stated. The Plaintiff, Donna Snyder, has failed to plead her alleged damages with specificity. There is absolutely no support documentation to support the extraordinary amount of funds allegedly due and owing to her for various business transactions. 2. The Plaintiff, Donna Snyder, has failed to specifically plead the allegations set forth in the Complaint. The allegations are based entirely on what the Plaintiff, Donna Snyder, believes she is owed, without any supporting documentation. 3. The Plaintiff, Donna Snyder, does not plead dates and times in which any of these alleged business transactions took place. WHEREFORE, the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, ask this Honorable Court to dismiss the Plaintiff's Complaint based on improper venue. 1)0138723.1 Dated: D0138723.1 Respectfully Submitted, DAVIS & DA BY y for Esquire ants VERIFICATION I. Daniel Rawlings, Individually and as Owner/Operator of Dan Rawlings Quarter Horses, , verify that the statements made in this foregoing Answer to Preliminary Objections are true and correct to the best of my knowledge, information and belief. 'understand that statements herein are made subject to the penalties of 18 Pa.C..S.A. § 4904, relating to unsworn falsifications to authorities. Date: M0k4 r 7014 MI 1677.1 I Daniel Rawlings, Individually and as Owner/Operator of Dan Rawlings Quarter Horses, CERTIFICATE OF SERVICE I do hereby certify that I have this date mailed a true and correct copy of the within document to the following persons and/or counsel by first class mail and email: Gary E. Thompson, Esquire Carosella & Associates, P.C. 882 South Matlack Street, Suite 101 West Chester, PA 19382 Attorney for the Plaintiff Respectfully submitted, D01387211 ey for the Defen CAROSELLA & ASSOCIATES, P.C. BY: Gary E. Thompson, Esquire I.D. # 48339 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.63630 Attorney for Plaintiffs Donna Snyder IN THE COURT OF COMMON PLEAS 7328 Wertzville Road OF CUMBERLAND COUNTY, Carlisle, PA 17015 PENNSYLVANIA Plaintiffs v. CIVIL ACTION -LAW NO.: 14-1406 Dan Rawlings Quarterhorses, Ltd. 1629 Treasure Lake Dubois, PA 15801 And Daniel Rawlings 1629 Treasure Lake Dubois, PA 15801 Defendants • CERTIFICATE OF SERVICE I, Gary E. Thompson, Esquire, certify that on this day, a true and correct copy of the Petition to Change Venue was served via first class U.S. mail, addressed to as follows: DEANNA LYN FAHRINGER, ESQ. Davis & Davis 107 East Main Street Uniontown, PA 15401 Date: ary E. Thompson, Esquire Attorney for Petitioner DONNA SNYDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL DIVISION DAN RAWLINGS QUARTER HORSES, LTD., and DANIEL RAWLINGS, : No. 14-1406 Defendants. DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, by and through their attorney, Deanna Lyn Fahringer, Esquire, of Davis & Davis, file the within Preliminary Objections to the Plaintiff, Donna Snyder's, Complaint, and avers as follows: L FACTS The Plaintiff, Donna Snyder, was a previous client of the Defendant, Dan Rawlings Quarter Horses, LTD, wherein she would board her horses at the Defendant, Daniel Rawlings, facility. The Defendant, Daniel Rawlings, is the owner and/or operator of Dan Rawlings Quarter Horses, LTD, and currently trains the horses boarded at his facility. While the Plaintiff, Donna Snyder, boarded her horses at the facility of the Defendants, Dan Rawlings would train her horses, take them to horse shows, prepare them for horse shows, show them, etc. The Plaintiff, Donna Snyder, filed a Complaint in the Court of Common Pleas of Cumberland County filed March 7, 2014. In the Complaint the Plaintiff, Donna Snyder, asserts and alleges that the Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, owes her $17,019.35, without any proof or asserting any legally cognizable claims. The Defendants, Dan Rawlings Quarter Horses, LTD, and Daniel Rawlings, pursuant to D0138723.1 CAROSELLA & ASSOCIATES,P.C. BY: Gary E. Thompson,Esquire - 11). #48339 882 South Matlack Street, Suite 101 West Chester,PA 19382 (610) 431.3300; (610) 431.6363(f) Attorney for Plaintiffs Donna Snyder : IN THE COURT OF COMMON PLEAS 7328 Wertzville Road : OF CUMBERLAND COUNTY, Carlisle, PA 17015 : PENNSYLVANIA Plaintiffs V. CIVIL ACTION-LAW c NO.: 14-1406 !7= FZZ Dan Rawlings Quarterhorses,Ltd. N) 1629 Treasure Lake W Dubois, PA 15801 > And Daniel Rawlings 1629 Treasure Lake < Dubois, PA 15801 Defendants ORDER AND NOW, this day of, Quw"X 20t4_' upon the Petition aq44vemi g, and it appearing that there are no legal objetions to the granting of the prayer of the Petition, it is ORDERED and DECREED that the petition for change of venue is GRANTED. It is further ORDERED that the Prothonotary of Cumberland County, Pennsylvania shall forward all records and files associated with this case and transfer this matter to the Prothonotary for Clearfield County, Pennsylvania, and take any other action necessary to complete the change of venue. Additionally,it is ORDERED that all costs associated with the change of venue shall be paid by the Petitioner. BY cou foes J.