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HomeMy WebLinkAbout05-2773 Respectfully Submitted, . West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs IN THE eOURT OF eOMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA vs. ease No. CY;;-.?"'rT.1 Cvi.tT'CIZ..{ eUMBERLAND VALLEY HOSE eOMP ANY, MIeHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eurnberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose eompany, Defendants eIVIL AenON - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. The Writ of Summons shall be issued and forwarded to the eumberland eounty Sheriff. J J. est, squire Supreme eourt LD. No. 331 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 (717) 234-7517 - fax Dated: May 26, 2006 eounsel for Plaintiffs (:J -f4 V 7' R f#:-. -- ~() ~ ~ .9v ~ c> ~ ~ (~ t:~ ~~~ -C.T. ,--, ~ I',:, (. ; '-,! ~Jl '_, .......... 'rr:\ \J , West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs IN THE eOURT OF eOMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA eUMBERLAND VALLEY HOSE eOMP ANY, MIeHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose eompany, Defendants ease No. ('). <> ;)"17. 2, {!; u<t/~- vs. eIVIL AenON - LAW WRIT OF SUMMONS TO: Cumberland Valley Hose Company 56 West King Street Shippensburg, PA 17257 Michael Weimer 120 Rustic Drive Shippensburg, PA 17257 Christopher Fisher 610 Westover Road Shippensburg, P A 17257 You are notified that the above-named plaintiffs have commenced an action against ~ you. Dated: ~';:} y ;J /.., , 2005 (SEAL) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANNON JOHN E ET AL VS CUMBERLAND VALLEY HOSE CO ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FISHER CHRISTOPHER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 16th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 6.00 9.00 10.00 46.40 .74 72 .14 06/16/2005 WEST LONG ~o answe ~ ~?_~~ ~~ --':'-- ~-- ~~~-- -~~--- ft'. Thorn;;'; 'en"€' ' Sheriff of Cumberland County Sworn and subscribed to before me this .(314{ day of C}(JH, ~ A.D. ~1U~O fn,jJL # Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANNON JOHN E ET AL VS CUMBERLAND VALLEY HOSE CO ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FISHER CHRISTOPHER AS V PRES OF CUMBERLAND VALLEY HOSE CO but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS 16th , 2005 , this office was in receipt of the On June attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/16/2005 WEST LONG So a~~-8::7' . '.;:' ':::~:. __~ ";;;~.~;;:-~:~:-, R~ Thoma; Kline Sheriff of Cumberland County Sworn and subscribed to before me this -<3.<.</.. day of y~, ..2b-O ,,' A . D . ll~Q~p. ,~ /I Prothonotary' SHERIFF'S RETURN - REGULAR CASE NO: 2005-02773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANNON JOHN E ET AL VS CUMBERLAND VALLEY HOSE CO ETAL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND VALLEY HOSE COMPANY the DEFENDANT , at 1840:00 HOURS, on the 13th day of June 2005 at 52 WEST KING STREET SHIPPENSBURG, PA 17257 by handing to JOHN YURKO, PRESIDENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 .r~-;~~~ R. Thomas Kline 06/16/2005 WEST LONG Sworn and Subscribed to before B1:'~k,,+ -\3,~~ Deputy Sherif1 me this ,) 34A day of Ll" f .2utJ/'( / \ L)~r~tanof:;tt,. ~ ~. A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-02773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANNON JOHN E ET AL VS CUMBERLAND VALLEY HOSE CO ETAL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WEIMER MICHAEL the DEFENDANT , at 1840:00 HOURS, on the 13th day of June , 2005 at 52 WEST KING STREET SHIPPENSBURG, PA 17257 by handing to JOHN YURKO, PRESIDENT OF CV HOSE COMPANY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Additional Comments 120 RUSTIC DRIVE IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r.w::.~t'~<~ R. Thomas Kline 06/16/2005 WEST LONG Sworn and Subscribed to before BY1~~+ --6:-iA\1 Deputy Sheriff me this .2:3 M day of '- lu~,,, ,21M.;' A.D. j 4I'- (J ,...-- 1.-<- . h.lp&" ~ P othonotary , SHERIFF'S RETURN - REGULAR CASE NO: 2005--02773 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHANNON JOHN E ET AL VS CUMBERLAND VALLEY HOSE CO ETAL ROBERT BITNER , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WEIMER MICHAEL AS ASST CHIEF OF CUMBERLAND VALLEY HOSE CO the DEFENDANT , at 1840:00 HOURS, on the 13th day of June 2005 at 52 WEST KING STREET SHIPPENSBURG, PA 17257 by handing to JOHN YURKO, PRESIDENT OF CV HOSE COMPANY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~<r 6.00 .00 .00 10.00 .00 16.00 .;",,"'/ /J " i ,~t~1'.7;"~-~:.l;'t _4.__# ,,__J'7 R. Thomas Kline 06/16/2005 WEST LONG Sworn and Subscribed to before me this day of BY~ ~ . M" A+-"'\C\' M VI Deputy Sheriff A.D. Prothonotary In' The Court of Common Pleas of Cumberland County, Pennsylvania John D. Shannon et al VS. Cunberland Valley Hose Canpany et al SERVE: Christopher Fisher No. ~5- II&T ~d<..-~ 05--2773 civil Now, June 3, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~"d<~..f> Sheriff of Cumberland County, PA Affidavit of Service cA//f'~ and made known to . ~ ;;J?/,Y ~ within ~/f17 upoC///f1~//<9f' F/..s;;z/~ AsC y/./ at ~'/O ~.JYbV<9? ~ ~~~,.40'~G> P /70/? - . bYhanding?.,.L~-r'/JTOr'/"/<=x ~J;:L/~ As--' c?L/'4 /'~, 0~ /. .//7 a copy of the original ~r'/ 7' "LJ -. OJ//-/ / /~7? /ls the contents thereof. Now, o 7 ,2~.5,"at?"'-Y$ o'clock ~M. served the So answers, rL~'1H (JA' ~: 7-v~ ( Sw'tm and SUbSCribey;~o: me this ..!L day of ,20 ~S; {~.~ JJ. 7v:(~~ $ $ %40 Notaria):)eaJ Rich.." D, McCarty.~NIIio OaIrnbf'rsburg Boro. FnaakIia eo..., MyCOfl i:l~Slon Expires Jan. 29,2G07 In The Court of Common Pleas of Cumberland County, Pennsylvania John D. Shannon et al YS. Cumberland Valley Hose Ccnwany et al SERVE: Christopher Fisher as vice president of Cumberland Valley Hose Ccxnpany i1S-II~'- 1-~ 05-2773 civil No. Now, June 3, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, r/ ?/y~ 07,2005',at3".....<;;/So'c1ock ~M. served the within ~/P/T upon C~/~#~ //~~ at &/0 ~S" /VJrd9'f /pCY4tt:? by handing toC~S-~k7? S-$~~~~/?P. /70/ .? p'Jr/~ a ~ copy of the original ~/7 and made known to~~ RJ::~'/c-'7? the contents thereof. So answers, Sworn and sUbscrib~ me this L day 0 , 20 tfJ!> ~~,'-~~fttUf ~ 0~4q~ ~7'j Sheriff of ,.c::; ,~Kc::.</I---- County,PA /702cV LJ/-7"4"7Y CC/J "/pL,?X/oC/ COSTS SERVICE MILEAGE AFFIDAVIT $ ~.~A, C!..A, It -tel-- JbR,: ',' Notarialtieal Richard n McCarty, NotafY ~ Chambf",l -s HMO, Frankhn Couaty My Co.,...... 1":rilt"sJan.29,W07 $ 1/-6>.</-<) , JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs IN THE eOURT OF eOMMON PLEAS eUMBERLAND eOUNTY, PENNSYLVANIA v. eASE NO. 05-2773 eIVIL TERM eUMBERLAND VALLEY HOSE eOMPANY, MleHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRlSTOPHER FISHER, individually, and in his capacity As Vice President ofeumberland Valley Hose eompany, eIVIL AeTION - LAW Defendants DEFENDANTS' MOTION FOR A PROTEeTIVE ORDER AND NOW, this 5th day of January, 2006, come Defendants Michael Weimer and ehristopher Fisher and the eumberland Valley Hose eompany, by their attorney, Peter B. Foster, Esquire, and move for a protective order pursuant to Pa.R.e.P. No. 4012 (a) to bar all discovery by Plaintiffs and, in support thereof, aver as follows: I. Plaintiffs have brought this Action against Defendants by means of a Writ of Summons. 2. Plaintiffs claim that this Action is brought against Defendants for the alleged torts of libel and slander, but nowhere in the pleadings is present a verified statement or affidavit by Plaintiffs stating that Defendants have committed the tortious acts oflibel or slander. 3. Absolutely no evidence exists to show that Defendants have committed the acts of libel or slander against Plaintiffs. 4. The instant civil action is a sham brought by Plaintiffs in order to conduct criminal discovery relative to a criminal investigation of Plaintiffs conducted by the Shippensburg Police and the eumberland eounty District Attorney's Office. 5. Plaintiffs are suspects in a current, criminal investigation brought by the Shippensburg Police relative to $247,564.75 in missing bingo game revenues for bingo games run by Plaintiffs for the eumberland Valley Hose eompany. 6. Plaintiffs have attempted to take discovery from Defendants by conducting oral depositions on January 4, 2005 of Defendants Weimer and Fisher, but the substantive questions asked of said Defendants at said depositions were properly objected to as being irrelevant. 7. Said attempted discovery is being instituted by Plaintiffs to unreasonably annoy, embarrass, oppress and burden Defendants by causing unnecessary expense in that Plaintiffs have brought a sham civil action in order to conduct criminal discovery relative to an investigation of them. 8. Defendants request that the eourt order that Plaintiffs be required to pay their attorney's fees as a sanction for bringing this sham, civil action. WHEREFORE, Defendants Michael Weimer, ehristopher Fisher and the eumberland Valley Hose eompany request this Honorable eourt to order that Plaintiffs John E. and Joyce D. Shannon be prohibited from discovery in this Action. Respectfully submitted, January 5, 2006 ~~,~ Peter B. Foster, Esquire Attorney for Defendants Pinskey & Foster 114 South Street Harrisburg, P A 17101 717-234-9321 , VERIFIeATION I, Michael Weimer, hereby verify that the statements made in the foregoing Motion for Protective Order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties set forth in 18 Pa.e.S.A. S 4904, relating to unsworn falsification to authorities. January 5, 2006 ggW" . ~ " , '. \ eERTIFIeATE OF SERVIeE I hereby certify that on this date, January 5, 2006, I served a copy of the foregoing Motion for Protective Order on the Plaintiffs by mailing said copy by first class mail at Harrisburg, P A to the attorney for Plaintiffs at the following address: James J. West, Esquire 105 North Front Street, Suite 205 Harrisburg, PA 17101 January 5, 2006 ~~.~ Peter B. Foster, Esquire C) C) "i'i c_ , C1 ] ,f;- CI ,---- JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs IN THE eOURT OF eOMMON PLEAS eUMBERLAND eOUNTY, PENNSYLVANIA v. eASE NO. 05-2773 eIVIL TERM CUMBERLAND V ALLEY HOSE eOMPANY, MIeHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRISTOPHER FISeHER, individually, and in his capacity As Vice President of eumberland Valley Hose eompany, eIVIL AenON - LAW Defendants ENTRY OF APPEARANeE To the Prothonotary: Please enter my appearance for the Defendants in this Action. January 4, 2006 ~~.'~ Peter B. Foster, Esquire Attorney for Defendants Pinskey & Foster 114 South Street Harrisburg, PA 17101 717-234-9321 . ---.. eERTIFIeATE OF SERVIeE I hereby certify that on this date, January 4, 2006, I served a copy of the foregoing Entry of Appearance on the Plaintiffs by mailing said copy by first class mail at Harrisburg, P A to the Attorney for the Plaintiffs at the following address: James J. West, Esquire 105 North Front Street Harrisburg, PA 17101 January 4, 2006 \J~~,~ Peter B. Foster, Esquire Attorney for Defendants (~~ (--, -"-j."l (M~ ~-;:l ",....- en?,.,: C) o o . ,J \ - JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs .IAN !J (; LUuo IN THE eOURT OF eOMMON PLEAS ,JII< CUMBERLAND eOUNTY, I PENNSYLVANIA v. eASE NO. 05-2773 eIVIL TERM eUMBERLAND V ALLEY HOSE eOMP ANY, MICHAEL WEIMER, individually, and in his capacity as Assistant Fire Chief of eurnberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity As Vice President ofeurnberland Valley Hose eompany, CIVIL ACTION - LAW Defendants RULE TO SHOW eAUSE AND NOW, this -.!i:..... day of January, 2006, upon consideration of Defendants' Motion for Protective Order, a Rule to Show eause is hereby issued, directed to Plaintiffs, to show cause why the relief requested in Defendants' Motion should not be granted. .,...., '1 ( z..) Rule returnable..teu (lOJ days after service. BY THE eOURT: 7'~ A J I J. ""-.,~ '(-'...0 t:, t ~ U~ t t.~ \' , . ~ L ~~ \ C ~j ~ t j .C- S i 'U ,,.., "'~117 I. ~"" I d, ,'V.... f:-,- f\ '.' ~ "v ~O C'_, ~, C"~ ~.... ....""'" eUMBERLAND v ALLEY HOSE eOMPANY, MleHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose eompany, Defendants ease No. 05-2773 eIVIL TERM , ~ West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 Plaintiffs IN THE eOURT OF eOMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA JOHN E. SHANNON and JOyeE D. SHANNON, vs. eIVILAeTION - LAW PLAINTIFFS' ANSWER TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND NOW, this 30th day of January, 2006 comes the Plaintiffs John E. Shannon and Joyce D. Shannon, by and through their counsel James J. West, Esquire, and files the following Answer to the Motion for Protective Order filed by the Defendants in the above-captioned case and in support thereof, alleges as follows: 1. The allegation of Paragraph I of Defendants' Motion that the Plaintiffs commenced this action by filing a Writ of Summons is admitted. 2. The allegations of Paragraph 2 of Defendants' Motion are denied as stated. By way of further answer, the Notice of Deposition issued in this case on June 24, 2005 specifically states the nature of the cause of action as arising "out of defamation, libel, fitlse lights, and intentional -2- , infliction of emotional harm and related torts arising out of allegations made, promulgated, and published throughout the Shippensburg, Pennsylvania area and in other areas, accusing the Plaintiffs of dishonesty, theft, embezzlement, and other criminal activity relating to certain funds raised by and entrusted to the Plaintiffs." This Notice of Deposition was issued pursuant to Rule 4007.1 Pa. R. Civ. P. for the purpose of preparing a eomplaint. (See Exhibit I attached hereto.) 3. The allegation of Paragraph 3 of Defendant's Motion is denied. To the contrary, attached hereto as Exhibit 2 is a sworn Proof of Loss Statement in which the Defendant ehristopher Fisher indicates that he has been informed by Mike Weimer that the Plaintiffs have "dishonestly misappropriated amounts to $247,500.00". This allegation was promulgated throughout the community to Plaintiffs' friends and neighbors. The Plaintiffs deny that any such misappropriation occurred. 4. The allegations of Paragraph 4, to the effect that this action is a sham brought by the Plaintiffs to conduct criminal discovery relative to a criminal investigation of the Plaintiffs' conduct by the Shippensburg Police Department and the eumberland eounty District Attorney's Office are denied. To the contrary, Plaintiffs' counsel is pursuing a legitimate civil case. Moreover, Plaintiffs' counsel has been in touch with the former District Attorney ofeumberland eounty (Skip Ebert) on December I, 2005, the appropriate Assistant District Attorney of eumberland eounty (Michelle Sibert) on September 26, 2005, and both have indicated that they are not requesting the depositions in this matter to be stayed pending the outcome of any criminal investigation. Moreover, counsel has indicated to the Defendants' counsel, Harry Baturin, as well as new counsel, Peter B. Foster (entering his appearance on the day of the depositions), that if there was any legitimate request from the District Attorney's Office to delay or stay the depositions pending completion of any -3- investigation, Plaintiffs' counsel would comply with such a request, but no request has been forthcoming from the District Attorney's Office and just the opposite has been stated, i.e., that the District Attorney's Office is not requesting that discovery in this civil case be stayed. (See also letter to Assistant District Attorney Sibert attached hereto as Exhibit 3.) 5. The allegations of Paragraph 5 of the Defendants' Motion are denied as stated. Plaintiffs' are without knowledge as to whether or not they are presently subjects in any pending criminal investigation. Members of the District Attorney's Office have indicated that a Shippensburg police officer named Varner (who they believed to be a friend and associate oftlle two Defendants in this case) has contacted the District Attorney's Office to discuss this matter and has met with an Assistant District Attorney, and possibly the District Attorney, but no formal criminal investigation has been announced, nor have the Plaintiffs been formally advised that they are targets of any investigation. On the other hand, the Mayor of Shippensburg has indicated to the Plaintiffs and their counsel that the Police ehief of Shippensburg has told him that the Shippensburg Police Department has no criminal investigation involving the Shannons. It would appear that after the depositions were noticed in this case on June 24, 2005, one police officer has attempted to initiate an investigation by contacting the District Attorney's Office and that the District Attorney's Office, while given full opportunity, has specifically refused to request Plaintiffs' counsel to stay civil discovery in this matter. Under these facts, the depositions were scheduled to go forward. 6. It is admitted that on January 4,2006, the Plaintiffs', for the fourth time, attempted to take depositions in this case, and that the Defendants both appeared for the first time but refused to answer questions. It is denied as an inaccurate legal conclusion that the questions being asked were properly objected to as being irrelevant. The questions asked clearly met the standard for -4- . proper questions during a discovery deposition and within the scope of discovery as set forth in Rule 4003.1 of the Pennsylvania Rules ofeivil Procedure. (The transcribed deposition is attached hereto as Exhibit 4.) 7. The allegations of Paragraph 7 of the Defendants' Motion are denied. It is specifically denied that discovery is being initiated by the Plaintiffs to annoy, embarrass, oppress, or burden the Defendants. To the contrary, the Defendants' actions in forcing the Plaintiffs to reschedule this matter on the eve of deposition on four (4) separate occasions and then appearing on January 4, 2006 and refusing to answer relevant questions has been obviously calculated to annoy, embarrass, oppress, and burden the Plaintiffs and to cause them unnecessary expense. 8. The allegations of Paragraph 8 of the Defendants' Motion are a conclusion oflaw and a request for relief to which no answer is required. By way offurther answer, the depositions in this matter have been undertaken on four (4) occasions and at all times, frustrated by the actions of the Defendants and under the facts and circumstances of this case, the Plaintiffs' attorneys fees should be assessed against the Defendants as a sanction for the bad faith actions in frustrating legitimate civil discovery. Dated: January 30, 2006 By: est, Esquire preme ourt J.D. 331 ] 05 North Front Street, Suite 205 Harrisburg, PA ]7]0] Telephone: (717) 233-5051 Facsimile: (717) 234-7517 . WHEREFORE, the Plaintiffs John E. Shannon and Joyce D. Shannon request this Honorable eourt to order that the discovery go forward and that the Plaintiffs' counsel present his fees incurred after the initial Notice of Deposition on June 24, 2005 for court approval for payment by the Defendants. Respectfully submitted, Attorneysfor Plaintiffs -6- Date: January 30, 2006 JrllL t ft..fi r0"'-f'" J~m E. Shannon, Plaintiff West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 Plaintiffs IN THE eOURT OF eOMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA JOHN E. SHANNON and JOyeE D. SHANNON, vs. ease No. 05-2773 eUMBERLAND V ALLEY HOSE eOMPANY, MIeHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland VaHey Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose eompany, Defendants eIVIL AenON - LAW VERIFICATION I, JOHN E. SHANNON, hereby verify that the facts set forth in the foregoing Plaintiffs' Answer to Defendants' Motion for Protective Order are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of] 8 Pa. C.S.~4904 relating to unsworn falsification to authorities. , Exhibit I FILE West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 Plaintiffs IN THE eOURT OF eOMMON PLEAS OF CUMBERLAND eOUNTY, PENNSYLVANIA JOHN E. SHANNON and JOyeE D. SHANNON, vs. ease No. 05-2773 eivil Term CUMBERLAND V ALLEY HOSE COMPANY, MleHAEL WEIMER, individually, and in his capacity as Assistant Fire Chief of Cumberland Valley Hose eompany, and CHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose Company, Defendants eIVIL AeTION - LAW NOTICE OF DEPOSITION PLEASE TAKE NOTIeE that the Plaintiffs, John E. Shannon and Joyce D, Shalmon, in the above-captioned case will take the depositions of MICHAEL WEIMER and CHRISTOPHER FISHER, pursuant to Rule 4007 ofthe Pelmsylvania Rules ofeivil Procedure on Friday, June 24, 200S at 9:00 a.m., and continuing thereafter until completed at the offices of WEST LONG LLe, 105 North Front Street, Suite 205, Harrisburg, PA 17101. Pursuanlto Pa.R.C.P. 4007.1 (d)(l), MICHAEL WEIMER and CHRISTOPHER FISHER are requested to bring with him, to and produce at, the taking oftheir depositions the documents and tangible things as set forth in the Attachment to this Notice. an s . W squire iJ>.uPreme eourt I.D. No. 331 105 North Front Street Suite 205 Harrisburg, PA 1710J (717) 233-5051 (717) 234-7517 - fax Dated: May 26, 2006 Counsel for Plaintiffs 2 A TT ACHMENT Notice Pursuant to Rule 4007.1. Pa.R.Civ.P. The Plaintiff has noticed your deposition for Ihe purpose of preparing a Complaint. The nature of this cause of action arises out of defamation, libel, false lights and intentional inD iction of emotional harm and related torts arising out of allegations made, promulgated and published throughout the Shippensburg, PelU1sylvania area and in other areas, accusing thc Plaintiffs of dishonesty, theft, embezzlement and other criminal activity relating to certain funds raised by and entrusted to the Plaintiffs. It is the intention of Plaintiffs' counsel to inquire into all matters relating to any allegations made against the Plaintiffs, or either of them, relating to acts of dishonesty, The Defendants are further directed to bring with them to the deposition, all documents, investigative rep011s, insurance claims and correspondence within their control dealing with any such claims of dishonesty. ln the event of a substantial conflict and the need to reschedule the scheduled date of this deposition, immediately contact Deborah Gordon at (7] 7) 233-5051. CERTIFICATE OF SERVICE I hereby certify that on this 27''' day of May, 2005, a true and correct copy of the foregoing Notice (j{ Deposition was served upon the parties named below by the Sheriff of Cumberland County, Pennsylvania and by depositing same in the United States mail, eertified First Class postage prepaid, return-receipt requested, and addressed as follows: Michael Weimer 120 Rustic Drive Shippensburg, P A 17257 ehristopher Fisher 610 Westover Road Shippensbur b 17257 . . EX~Jhr+ 1 ,< ! "'worn Statement In Proof of Lor~ I,~J;U~ (Authorized Signature) sustained loss through the dishonesty of ,hereby certify that Cumberland Vallev Hose Companv #2. Inc, J",hl1 E ,)h..""",V\ I J (Name of Individual) engaged as Of'r-.;t2y ~",Inr (Social Security No.) , (Position) and that the amount of money. securities or property other than money and securities dishonestly misappropriated amounts to i DU ..J h dollars ($ :J<j7J~4~U:) as more fullv stated in the _ ~ '7 ,_ here 0; that the following is a detailed statement of the said loss, and of all sums due or owing said / It /~, I ~ schedule the true net loss sustained beginning on or about individuals, and it is /jn 17ft, .IN\,'l I further certify that knowledge of this misappropriation was fIrst discovered on or about Nov 17<{1,,2oo~, J9 , [g by me OR i8t by /'1; Ie e... We-l"Mv- (Name of Individual) secuntles or property other than money and securities was misappropriated as follows: We .fee-I -H.e. pt.6"ey' W~ +ake... A-s- Cc.-$ "- r- /tor ~",~J ,"l1m Ot<.... /S....I<:. Ace..............s.11.a 6..s1. .v...~ d/'/"ih,..J J-{,..,,-~ Se.111k7 o~ s""..I! k....s Cl~ c..l.......ce.. that nothing has been suppressed, wit1ilield, or misrepresented by me that is material to knowledge of the facts of t~ loss, and = that the above statement, together with all attachments hereto, is a complete and truthful recital of the facts and c~putation of = the loss. = There is no other insurance or suretyship under which the above claim, or any portion thereof, is claimable, except~ and the manner in which the money, following: salary, cormnissions, cash or other sums due except the following: and there are no sums due said indi~al for =:3 = U1 The submission of information in, or in connection with, the Proof of Loss, including the submission of th'einfonnatlon specified above, is intended to facilitate, and is not in derogation of, the right of the American Alternative Insurance Corporation ("Company") to investigate the claim presented, In connection with any such investigation, and generally, the Company reserves the right to require the submission of such other information and materials as it may from time to time deem appropriate. NOTARIAL SEAL ADELE C KIR8Y, NolarvPubiic Shippensburg, Cumberland CO:Jnty " I j sian E\[')f(ss .il.U-gI..'S! 13 2000 J "-r;-~,, (Name and Title) }lirA-- day of Jcmua f7J-- 20 05 Notary Public . A detailed Schedule wi documentary or other evidence to support and explain all of the items included in tbe. claim must be attached hereto. . Complete all portions of this Proof of Loss and specifically identify all documents referenced within ac~ attached thereto. . Delivery of this form and any investigation of the claim is not a waiver of any rights or defenses, or an admission of liability and is entirely without prejudice. . Please be advised and take notice that copy of this Proof of Loss and any atta~hg1~_I1tsmay be presented to the alleged dishonest individual(s) and/or their attorney, if so prese' Notice/Page 2 to -- - 11 ~ ~ (, /' \ \' \.-3 ~fY'-\V\\ lallll;~ I. \Vl;~( /{o!Jc:rtk,J,llIl,t;,)l !.'a<;sim;Jc (717) 2:14-7517 j\\'l:n((il\\,(;SI-11111L'.cl,nl West Long UL j\ ttorney' j\ t Law Ins North Front Street Suitt: 205 r':larrisburg, rennsylvania 171 en (717) 233-5051 FILE October] ], 2005 Michelle Sibert, Asst. District Attorney Cumber/and COlm~1' Courthouse One Courthouse Square Carlisle, P A ] 7013 Via Facsimile: (717) 240-6164 /lIld First Class U.S. Mail Re, John E. and Joyce D. Shannon v. eumberland Valley Hose Company, Michael Weimer, Individually, and in his capacity as Assistant Fire Chief of Cumberland Valley Hose Company, and Christopher Fisher, individually, and in his capacity as Vice President of Cumberland Valley Hose Compan}' Dear Ms. Sibert: As you are aware, ] have called off depositions in the above-captioned proceeding on three (3) separate occasions base an representations thatthere was some type of pending investigation involving John Shannon being conducted by the Shippensburg Police Department. ] have attached hereto the letter from Attorney Baturin on behalf of his client's, Weimer and Fisher, and its attachment that purports to be from Shippensburg Police Department's Office Varner. ] have been informed by Mayor Hockersmith of Shippensburg that he recently spoke to the Chief of Police of Shippensburg relating to any pending investigation involving John Shannon and was told that to the Chief's knowledge, no such investigation exists, Obviously, something is very wrong with the information flow in this case, Because of my prior experience as a prosecutor, I have three times canceled depositions on the basis that it was the desire ofthe District Attorney's Office to complete work on the case, At the present time, it is my intention to go forward with these depositions as soon as possible unless the District Attorney's Office specifically asks me not to. ] would request that you review the information contained in this letter and its attachment and let me know at your earliest convenience whether YOll are formally requesting that Inot go forward with these depositions at this time. Thank you for YOllr diligence and courtesy in this matter. Sincerely, JJW:dlg Enclosures cc: Mayor Bruce Hockersmith Mr. and Mrs. John Shannon Harry Baturin, Esquire u,\r OF~ll.f8 BATUR1N & BATUP.IN lM4 ,\lmrT}-1 ~ECDl\D ~TReF.T H^JH!lE.9t.:RG, PIiN:-J~YLVA~IA 11111\ J''J.~'i\'\I M 1\,,\1'\ 'll!,\ Mi\lJjiL/II;\I: \, 1",n'~'I~' M\'l.\'ll',\ I: )J^T\'~IS IIAR!,'\ M 111~TI '~!J:-''''t l'['i\,EPH(~~A (717,234.'''27 ~A.(~S\~\H,(: f?'HI.2~."~" ,\.I. t:, BATUWI:-.; OlU)j.j!.l8bJ '1.1. \1, 1:-\ T,\XA'J'I~'\: tAl.Se' ADMl'li'!!!J '1'('1'1,,"1[; }J^~ OlB"IrlIC'j'ClFl:111,L'MIIl.I Wesl Long U.C 1 05 NOJ~h Front Street Suile 205 Harrisburg, PAl 71 01 September 23, 2005 Via Facsimile (717) :234-7517 RE: Shannon - Weimer, Fisher Dcur .Iumes: Via Facsimile (717) 234-75l7 PUfsunnllO specific instructions from Officer Eric S, Varner, SPD and the Cumberland County Districtl\ttomcy's Office via Eric Varner (the Cumberland County District All,~mey's OfTIce has advist,d our office through Eric Varner that they will not respond to allY additional contact. until thi; investigation is resolved), our office is advising you that there is, unequivocally, a crimillul investigation in this malter, and that Mr. Weimer and Mr fisher have bcen in,ll1Jcled rot to impede said investigation and any undue pressure by the Shannon's on Mr, Fishcr Hnd Mr. Weimer not to cooperate with said criminal investigation is unacccptabl,e. More importantly, our office has received correspondence (copy enclosed) from Officer Vamcr that the cuse is currcntly being reviewed by District Altomey Ebert and that he will bc advising Mr. Varncr and ultimately our clients after his review of same next week (plcasc note that our orfice did nol contact Mr, Varner as he unilaterally contacted our offioe). Accordingly, as there is an ongoing criminal investigation in connec,tion to thc above. captioned matter (confirmetl by Eric Varner) and that Mr, Fisher and Mr, Weimer arc not to in any way impede said investigation, this letter will serve to confirm that our clients have advised our office that they are willing to reschedule said deposition to a later date. Lastly, you will note that in our conversation on August 22, :2005 that you stated tl1at you would "certainl)/llo1 push" this deposition ifthere is "in actuality" a criminal investigation, ospecially ifsal1lc involved "the District Attorney's Officc." Please contact O\lf office to schedule another deposition date at a more appropriate datc Bnd time and we will bc more than willillg 10 obllg!:. l(you have any questions with respect to this correspondence, please immodialely contact o~r office as WI will'10t be attending said deposition scheduled pursuant to our telerhone convcrslllion wilh you until further written instructions from your office with a mutua.lly agreed Deposition dale with an appropriate Notice ofDeposilion to all parties and approprillte counsel. Thank you very much for )lour customary, close and careful attention to this matter, HMBljkd enclosure cc: Christopher Fisher Mikc Weimer R..pectful1y, BATURlN & BATURIN IY'I )1,...,... By: ~{' I. ~"""''- Harry M. Balurin P.0Z SHIPPENSBURG POUCE DEPARTMENT GO Wen /lllrd Sueer Shlppen.\burr. VA 172.\7 Phl.m~: ili-~32.7361 Fax: iJ7.~32-2)D Fn:\t ,~('(flt lhjef' Ill' l-','~Il~\,: Scplelllbr:r 23. 2005 llMlIrin " DlItllrlll Law Oflicc 2fi04 Nmln S~c(md Street HNTn<purg. retlD!)'1v~ni~ 17110 Allemi,'I): Hllny B.!ur!n Me Balllri,,; r ha~e h,~tl!1 in conine!' with SeniCl, A~~IRlan! DIstrict Allomey Mlcbell~ Sibert (,[111e Cumb~lanll Ct,unly !)i,lri~1 Aht,rney'i omcererClClICC to rho C3.lC involving John SlJ1lMNI. The me i~ clJmml,ly p"lulil1H und being nlviewarl by DistricI Allorncy Ebe11 snd his :;taff on Monday. SeNemb~r 26. ('., alnnk )'<>11, .._--- , ""..-- '.C TIrie S, Vcmer SFfJ Cl~ HP Laser Jet 3330 West Long LLC 717-234-7517 Oct-ll.2005 3 29PM Fax Call Report Job Date Time Type 79 10111/2005 3:28:16PM Send (hf]@ i n v e n t Identification Duration Pages Result 1: 04 4 OK 2406164 West Long LLC Attom~Y5 At Law 105 N...rlI rro"'s...., SuI,.20S H,rri&bu'8,PA17Hll (717):tll.5(l51 /,,,,,,.].117... 1lnb<~11.~.J<. P.........(l17)2.l4-'Sl1 "fli~r;,......t_I''''.rnm FACSIMILE COVER SHEET TO Michelle Siben, Assistant District Attorney FAX#; (717) 240-6164 FROM JllfficsJ.Wc5t,Esquirc DATE: Octnberll,2005 Np.ofP_ge.ot;Follr{4),llIcludingCoverSheet MellSagc: TI-IE INFORMAnON CONT...INED IN mrs COf,(MUN!CATION MA \' BE ArrOmfVICLIlrNl P!VVILfOlID, MIl Y CONSTTI1JTE rwSIDE INFORMATION AND IS INTENDED om. Y FOIl. TllE USt oynlE ADDRESSEE lfNAUTHOlllttDUSE,D1SCLOSUIUlORCOPVlNGISSTR1CTLVPItOH1BlTEOA}.TlMAVBEt1Nu..WFut. If 'fOU HAVE kECEIVEDmlS COMMUNICAl'IONINEAAOR, ruJA.5ENa1lTYUS IMM/llIIATIlL I' AI (111) 2JJ 50Sl TIlANKYOU. ------- ~ f ! ~ l /' \ ,I't Lj ~'fV\\'Pl l~fl~\ rr-"':\'>,v? ( 'L--') \ // ",,"-,.;.,l ..::./" ,,' i' ---- : I COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. SHANNON AND JOYCE D. SHANNON, PLAINTIFFS VS NO. 05-2773 CUMBERLAND VALLEY HOSE COMPANY, MICHAEL WEIMER, INDIVIDUALLY, AND IN HIS CAPACITY AS ASSISTANT FIRE CHIEF OF CUMBERLAND VALLEY HOSE COMPANY, AND CHRISTOPHER FISHER, INDIVIDUALLY, AND IN HIS CAPACITY AS VICE PRESIDENT OF CUMBERLAND VALLEY HOSE COMPANY, DEFENDANTS DEPOSITION OF: CHRISTOPHER L. FISHER TAKEN BY: PLAINTIFFS BEFORE: DAWN YOUNG DIETRICH, REPORTER NOTARY PUBLIC DATE: JANUARY 4, 2006, 10:00 A.M. PLACE: WEST LONG, LLC 105 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA GEIGER & LORIA REPORTING SERVICE - 1-800--222-4577 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 APPEARANCES: 2 WEST LONG, LLC BY, JAMES J. WEST, ESQUIRE 3 FOR - PLAINTIFFS PINSKEY & FOSTER BY: PETER B. FOSTER, ESQUIRE AND BATURIN & BATURIN BY, HARRY M. BATURIN, ESQUIRE FOR -- DEFENDANTS ALSO PRESENT: JOHN SHANNON JOYCE SHANNON MICHAEL WEIMER GEIGER & LORIA REPORTING SERVICE - 1--800--222--4577 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TABLE OF CONTENTS 2 WITNESS 3 FOR PLAINTIFFS DIRECT 4 Christopher L. Fisher 5 5 6 7 8 9 DEPOSITION EXHIBIT NO. PRODUCED AND MARKED 1 -- Sworn Statement in Proof of Loss 4 2 - Not Introduced 3 - Notice of Deposition 16 4 - Notice of Deposition 16 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 4 1 (Sworn Statement in Proof of Loss marked as 2 Deposition Exhibit Number 1.) 3 MR. FOSTER: As the leading attorney in the 4 case, we are not willing to enter into the usual 5 stipulations. We do not waive our right to object to 6 questions and have a Common Pleas Court judge in Cumberland 7 County make a decision as to whether they would be required 8 to answer the questions. 9 MR. BATURIN: That's exactly right. 10 11 12 13 14 15 16 17 you do have an objection as to the form of the question, it 18 would be good if you would state it and I'll try to reform 19 the question. And if you have any other objections, if you 20 could simply state them, then I'll try to meet the 21 objection, okay, and go around it whether it's hearsay or 22 whatever. 23 24 CHRISTOPHER L. FISHER, called as a witness, 25 being sworn, testified as follows: MR. WEST: Okay. So we don't have the MR. FOSTER: We do not have the usual stipulations. MR. WEST: And do you want to read and sign and all of that? MR. FOSTER: Yes, right. MR. WEST: So we'll get that up front. And if GEIGER & LORIA REPORTING SERVICE - 1-800--222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 DIRECT EXAMINATION BY MR. WEST: Q Could you state your full name and spell your last name so we have it right on the record. A My name is Christopher Lynn, L--y-n-n, Fisher, F-i-s-h-e--r. Q A Q A Q A Q A And how old are you, sir? Thirty-four. Presently employed? That's correct, through Cumberland County. And what do you do? 911 dispatcher. 911 dispatcher? Correct. Q Where do you work at physically just -- A In the communications center in the basement of the prison. Q Oh, in the Cumberland County Prison? A Correct. Q In the basement, okay. Married? A Yes. Q How long? GEIGER & LORIA REPORTING SERVICE - 1-800-222--4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 A Been married for ten years. Q Any children? A One. Q Boy or girl? A Girl. Q And how old? A She is eight. Q This is just background information. Education background? A High school diploma. Q Where? A Shippensburg Area Senior High School. Q And what year? A Graduated in '89. Q And any postgraduate, post high school education, vo-tech or community college, college? A No. Q What did you do before you became the --- dealing with the communications center and 911 responses? A Worked in a food service plant. Q And how long? Just looking for years. A Roughly five years, maybe more. Q Five years. And what was the name of that company? A It was Borden, Incorporated. GEIGER & LORIA REPORTING SERVICE - 1--800--222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 Q And did they go out of business or something along those lines? You say it was Borden. A They changed names a couple different times. Q And why did you leave them? A To better myself in the communications field. Q And what would be the exact title of your job in the communication field? A 911 telecommunicator. Q Okay. And basically you would answer the 911 calls? A Correct. Q Now, have you been involved with any of the fire departments in Cumberland County, mainly Cumberland Valley Hose? A I've been involved with Cumberland Valley Hose since I was fourteen. Q Okay. So that's twenty years with Cumberland Valley Hose? A Correct. Q And just start at the beginning. What has your involvement been with Cumberland Valley Hose in your own words? A Mainly a firefighter/EMT starting when I was sixteen and then progressed forward into a board member, then served as vice president for two years, now back to GEIGER & LORIA REPORTING SERVICE -- 1--8DD-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 just a firefighter/EMT. Q And did you get any special training for the EMT position? A Yes. I'm state certified. Q That's what I was looking for. And firefighting training also? A Advanced firefighting. Q Would that be at HACC or A Yes. Q firefighting A Q And you have certificates for the advanced Correct. --- EMT? Okay. And that would be some post high school education. A Yeah, I guess you'd say that. I took it when I was in high school, but --- Q I'd count it. I'd count it. Okay. Tell me about being a board member. When did that start and when did it end approximately? A I want to say roughly 2001 and ended 2003 when I became vice president. Q Okay. And this board member's an elected position? A Yes. GEIGER & LORIA REPORTING SERVICE -- 1-800--222--4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 Q And how many board members are there? A There's actually five, but there's only well, outside of the top administration of the company, there's only one outside board member from the membership. The others are made up of community members. Q Okay. A So there's actually a total of eight board members altogether. Q I didn't really understand what you were saying about outside members and whatever. I understand that there are eight board members. Could you restate that as to how the board is composed? You said something about five -- A The board is made up of the company administration which is the president, vice president, fire chief. Q officials? A Q board? A Q A Q Okay. Let me stop you. They're elected Correct. So those three people are automatically on the Right. And then there would be five at large members? That are considered community members. Okay. So they have to be members of the fire GEIGER & LORIA REPORTING SERVICE - 1--800--222-4577 10 A Q A Q A Q the president A Q GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 1 A Yes. 2 Q It's just they have to reside I guess .... 3 A Within the first do area, what we consider our 4 first do area, which is anywhere that we would run on first 5 alarm assignments. 6 Q Oh, okay. Within the area covered by the 7 jurisdiction of the fire company? 8 A Correct. 9 Q And do you know how the fire company is 10 created and set up, whether it's a corporation, whether it 11 has bylaws or the legal setup of the fire company? 12 A It has constitution and bylaws. 13 Q And is it incorporated or is it just set up 14 under a special statute for fire companies, if you know? 15 A I'm not exactly sure. 16 Q Did you have a solicitor that set up the 17 company that 18 A There is a solicitor there, but I don't know 19 if he set it up or not. 20 Q Who is the solicitor? 21 A Perkins, David Perkins. 22 Q Basically what were your duties as a board 23 member and then as a vice president? That's compound, so 24 I'll strike that. 25 Let's start with a board member and then I'll GEIGER & LORIA REPORTING SERVICE - 1-800"222-4577 12 1 ask you about your duties as the vice president. 2 A As a board member, we just sit on the board 3 and actual I guess you'd say the running of the company 4 as far as the business aspect of it. 5 Q Do you have regular meetings? 6 A That's correct. 7 Q Monthly? 8 A Monthly. 9 Q And you vote? 10 A Yes. 11 Q And people put up resolutions or put up 12 proposals and they're voted on, and if passed, implemented? 13 A That's correct. 14 Q Okay. So it's run much like a corporation 15 would be run or much like an organization. Roberts Rules of 16 Order apply? 17 A That's correct. 18 Q And somebody would conduct the meetings which 19 would probably be the president? 20 A That's correct. 21 Q And what kind of business did you handle as a 22 board member just to give us an idea of what a board member 23 does? 24 A Any types of business as far as paying the 25 bills, expenditures and any type of disciplinary action GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 13 1 brought forth by the membership or the fireside officers. 2 Q Is that all controlled by the bylaws? 3 A That's correct. 4 Q And the bylaws would be I guess available 5 through the secretary? 6 A That's correct. 7 Q When is the last time you took a look at the 8 bylaws? 9 A It's been probably a year or so, I mean, as 10 far as a general look. 11 Q Fundraising, is that part of what is done by a 12 fire department? 13 A That's correct. 14 Q Tell us a little bit about that, your 15 perspective insofar as being a board member and fundraising 16 is concerned. 17 MR. FOSTER: Objection; relevancy. Don't 18 answer that question. 19 MR. WEST: Oh. We're going to wind up with a 20 longer deposition. 21 BY MR. WEST: 22 Q Is Bingo part of fundraising? 23 MR. FOSTER: Objection; relevancy. Don't 24 answer that question. 25 BY MR. WEST: GEIGER & LORIA REPORTING SERVICE -- 1--800--222-4577 14 1 Q Do you know my client --- two clients, John 2 Shannon and Joyce Shannon? 3 A I know them through the firehouse. 4 Q And how do you know them? What has your 5 dealings with them been? 6 MR. FOSTER: Objection; relevancy. Don't 7 answer that question. 8 BY MR. WEST: 9 10 11 12 13 14 involved with Bingo at the fire department? 15 MR. FOSTER: Objection; relevancy. Don't 16 answer that question. 17 MR. WEST: That's the heart of what we're 18 talking about. 19 MR. FOSTER: Okay. Jim-- 20 MR. WEST: What do you intend to object to? 21 MR. FOSTER: For the purpose of the record, a 22 writ of summons has been filed in this case. The plaintiffs 23 are the Shannons. No cause of action has been set forth in 24 the bare bones writ of summons. 25 MR. WEST: Except I've attached a statement Q How long have you known the Shannons? A I'd say at least five years, maybe more. Q How did you meet them? A Through the fire department. Q Are you familiar with Mr. Shannon being GEIGER & LORIA REPORTING SERVICE -- 1--800-222-4577 . ' ' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 telling you what the case is about, a fairly detailed statement. MR. FOSTER: Yes, you have. And you, of course, are a leading criminal defense attorney in Central Pennsylvania. The Shannons are under investigation MR. WEST: I'm flattered. MR. FOSTER: -- by the Shippensburg Police for a $247,000 fraud in connection with Bingo operations by the Shannons in connection with this fire company. MR. BATURIN: The investigation is active at this point. MR. FOSTER: It's our position, the defendants' position, that this is a ploy to conduct criminal discovery relative to representing the shannons in a criminal case. And there's no complaint or affidavit or sworn statement connected with the pleadings in this case indicating what, if any, libel or slander was committed by the defendants. It's a ploy. Furthermore, these questions are irrelevant to the issue of whether Mr. Fisher, Mr. Weimer defamed or libeled the Shannons. MR. WEST: Well, it's not a ploy and we have a notice under Rule 4007.1 of the pennsylvania Rules of Civil Procedure as to what we're going to inquire into and that's been attached to both of the notices and that is the scope GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 I I I . 16 1 of this. 2 For the record -- and I think Mr. Baturin 3 would agree with me that we put these depositions off, my 4 recollection, approximately four or five times, and the 5 record will speak for itself, because an Officer Varner had 6 indicated there was some type of investigation. 7 I have talked to the assistant district 8 attorney that was allegedly handling this, and she's off on 9 maternity leave, and I've talked to Mr. Ebert. And the 10 indications are there's no reason not to go forward and they 11 are not asking me not to go forward with the deposition and 12 not to go forward with the inquiry insofar as this matter is 13 concerned, which is a defamation matter. 14 Now, I believe the questions that I've asked 15 are relevant to the defamation in a discovery deposition, 16 especially one where we're trying to draft a complaint. 17 These are the types of questions we need. But I'm going to 18 go right to the heart of it and we'll see what we can come 19 up with, Mr. Foster. 20 First I would ask the court reporter to make 21 the notices of deposition part of the record. We'll call 22 them Exhibits 3 and 4. 23 (Notice of Deposition marked as Deposition 24 Exhibit Number 3; Notice of Deposition marked as Deposition 25 Exhibit Number 4.) GEIGER & LORIA REPORTING SERVICE - 1-800--222-4577 I I' , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MR. WEST: For the record, Mr. Foster, I'm flattered that you said leading criminal attorney, but all my criminal work's in federal court. Very little is in state court. There is some, but very little. MR. FOSTER: Well, maybe there will be federal charges brought in this case, Mr. West. MR. WEST: Well, it will be up my alley then, but I don't think so based on my experience. BY MR. WEST: Q sir, I'm going to show you Exhibit 1, and I have copies for your counsel so that you can look at it and for your associate counsel and I'll give one to the Shannons so they can look at it. And can you identify this document? It says Sworn Statement in Proof of Loss. MR. FOSTER: Objection; relevancy. Don't answer that question. BY MR. WEST: Q Well, is that your signature on the document where it says this form must be executed before a Notary Public and it says Christopher L. Fisher, Bingo Chairman? Is that -- MR. FOSTER: Objection; relevancy. Don't answer that question. MR. WEST: Okay. GEIGER & LORIA REPORTING SERVICE - 1-800--222-4577 , , ' , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 BY MR. WEST: Q Did you swear to this statement in front of Notary Public Adele Kirby as shown on the form? I don't know if I'm pronouncing it right. A--d-e-l--e, Kirby, K-i--r-b-y. MR. FOSTER: Objection; relevancy. Don't answer that question. BY MR. WEST: Q On this form, did you swear that, quote, we feel the money was taken as cash and not deposited in our bank accounts, the cash was obtained through the selling of small games of chance? MR. FOSTER: Objection; relevancy. Don't answer that question. MR. WEST: Okay. BY MR. WEST: Q And in this statement, did you indicate that John E. Shannon, an operator/member of your organization, had taken an amount of money or property dishonestly and misappropriated amounts totaling $247,564 and some cents? MR. FOSTER: Objection; relevancy. Don't answer that question. MR. WEST: Mr. Foster, do you intend to assert an objection to all questions relating to the statements made on this form, proof of loss, that purports to be signed GEIGER & LORIA REPORTING SERVICE - 1-800-222--4577 , I' , 19 1 by Christopher L. Fisher? 2 MR. FOSTER: Yes, I do, on the basis of 3 relevancy. 4 MR. WEST: Okay. And do you intend to object 5 to all questions relating to whether Christopher L. Fisher 6 has told any individual that John Shannon and/or his wife 7 embezzled money from the Cumberland Valley Fire Company? 8 MR. FOSTER: Yes, on the basis of relevancy. 9 It's not relevant to a defamation or slander or libel 10 action. 11 MR. WEST: And do you intend to object to any 12 questions insofar as what the basis for this allegation if 13 it was made by your client would be; in other words, what 14 his information was that caused him to say that John Shannon 15 had dishonestly misappropriated $247,000 and some dollars? 16 MR. FOSTER: Okay. You're referring to this 17 exhibit, Exhibit 1? 18 MR. WEST: Yes. 19 MR. FOSTER: Yes. 20 MR. WEST: I mean, that's the ultimate 21 question. I want to ask your client to explain why he said 22 what is said in Exhibit 1. 23 MR. FOSTER: Yeah. Objection on the basis of 24 relevancy. There's nothing in the pleadings in this case to 25 indicate that this is a defamation or libel action. It's GEIGER & LORIA REPORTING SERVICE -- 1--800-222-4577 . " I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 our position that it is a ploy to conduct criminal discovery. Furthermore, these questions are irrelevant to a libel or defamation action and I'm instructing the witness not to answer the questions regarding the statement allegedly made in Exhibit 1 as being irrelevant. MR. WEST: And I'll just read into the record the attachment to the notice of deposition. It says Notice Pursuant to Rule 4007.1, Pennsylvania Rules of Civil Procedure. The plaintiff has noticed your deposition for the purpose of preparing a Complaint. The nature of this cause of action arises out of a defamation, libel, false lights and intentional infliction of emotional harm and related torts arising out of allegations made, promulgated and published throughout the Shippensburg, Pennsylvania area and in other areas, accusing the Plaintiffs of dishonesty, theft, embezzlement and other criminal activity relating to certain funds raised by and entrusted to the Plaintiffs. It is the intention of Plaintiffs' counsel to inquire into all matters relating to any allegations made against the Plaintiffs, or either of them, relating to acts of dishonesty. The Defendants are further directed to bring with them to the deposition all documents, investigative reports, insurance claims and correspondence within their GEIGER & LORIA REPORTING SERVICE - 1--800--222-4577 , .' I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 control dealing with any such claims of dishonesty. In the event of a substantial conflict or the need to reschedule the date for the deposition, immediately contact Deborah Gordon at my office number. Do you intend to object to questions relating to this notice pursuant to 4007.1? MR. FOSTER: Yes, I do. There is no verified statement or affidavit connected with the pleadings or notice of deposition in this case indicating that libel or slander was committed by the defendants, my clients in this case. Furthermore, there have been no stipulations regarding a waiver of their rights to object on the basis of relevancy. Furthermore, the Shippensburg Police are actively today conducting a criminal investigation involving the Shannons and $247,000 missing from Bingo operations over which the Shannons had control. It is my clients' position that this is a ploy to conduct criminal discovery for the Shannons and I'm instructing my client not to answer questions on the basis of relevancy because there is no showing in any of the facts, statements, verified statements or affidavits in this case that my clients committed slander or libel. There are no published statements. GEIGER & LORIA REPORTING SERVICE -- 1--800-222-4577 " .." , 22 1 There's an insurance claim. My clients were 2 legitimately making an insurance claim. That's not a 3 libelous statement. It's privileged in making an insurance 4 claim. S So there's just no basis to this lawsuit which 6 has no legitimate basis to it. I'm instructing my clients 7 not to answer those questions on the basis of relevancy. 8 MR. WEST: Well, you've said the plural now, 9 clients, and I just want to make sure on the record. Do you 10 intend to do the same insofar as your client, Mr. Weimer, is 11 concerned, Michael Weimer? 12 MR. FOSTER: But when you say the same, if 13 there are --- 14 MR. WEST: Well, do you intend to impose the 15 same objections to the same questions if asked to Michael 16 Weimer? 17 MR. FOSTER: Yes, for the same reasons. 18 MR. WEST: And I noticed that this form, sworn 19 proof of loss, indicates I further certify that knowledge of 20 this misappropriation was first discovered on or about 21 November 17, 2003 by me or by Michael Weimer, and there's a 22 check mark beside the by Michael Weimer. 23 And you would intend to object to any 24 questions I ask him about allegations of dishonesty made 25 against the plaintiffs in this case; is that correct? GEIGER & LORIA REPORTING SERVICE -- 1--800-222-4577 f ..' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 MR. FOSTER: I would object and instruct Mr. Weimer not to answer the questions from the standpoint that they are irrelevant and for the other reasons previously mentioned. MR. WEST: Okay. And you've made no motion to quash this deposition; is that correct? MR. FOSTER: That's correct. But following this deposition, I intend to file a motion for a protective order in that this deposition is part of criminal discovery --- it's a ploy I think into criminal discovery, and ask a Common pleas Court judge of Cumberland County to issue a protective order precluding my clients from submitting to further criminal discovery. MR. WEST: I wish you'd have done that before this. It would have saved us a lot of expense. I'm going to terminate the deposition at this point in time. I don't think there's anything that we can do. Off the record. (Discussion held off the record.) MR. BATURIN: I'm just going to confirm that there is an active investigation pending. I've been in contact with the Shippensburg Police Department within the last few weeks. The investigation was still pending. The District Attorney's Office would not deny GEIGER & LORIA REPORTING SERVICE - 1--800--222--4577 I .." \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 that there was an investigation pending. They confirmed that there was an investigation pending. The assistant district attorney who had been handling that case who was on assignment was out on maternity leave and it was assigned to a different district attorney. I will be in contact with that district attorney later today and will forward that information to Mr. West. Thank you. MR. WEST: For the record, we canceled this deposition last time because you indicated that the police officer was meeting with the assistant district attorney -- MR. BATURIN: That's correct. MR. WEST: and Mr. Ebert and that there was going to be a decision made at that point. MR. BATURIN: That's absolutely right. MR. WEST: And that was not correct. There was no decision to be made and the District Attorney's Office has indicated that they're in no position to make any decision --- MR. BATURIN: Do you have any information to that effect? Do you have any confirmation of that? MR. WEST: Well, I spoke to Mr. Ebert. I called him up before I issued these notices of deposition and he said four times we have to go forward with this deposition. MR. BATURIN: From my understanding, there was GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 i. . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 no denial that there was an investigation pending. MR. WEST: If the district attorney -.. MR. BATURIN: There's no confirmation, no denial. MR. WEST: There might be an investigation pending, but there's no request that we hold off on this discovery deposition, and we have held off -" MR. BATURIN: That's not what we were just referring to. MR. WEST: .... based on your representations repeatedly. And the indications from the District Attorney's Office at this point are they're not asking us to hold off. If they would ask, I would hold off. MR. BATURIN: We've never made that statement. We've just confirmed -.. MR. WEST: I've always indicated to you that if the District Attorney's Office doesn't want us to go forward with this, we won't do it. I've canceled them four or five times because of it. Now we find ourselves in this position. So please make your motion, Mr. Foster, as quickly as possible if you can. MR. FOSTER: The basis of the motion is that these discovery efforts are a ploy to conduct criminal discovery. MR. WEST: Okay. GEIGER & LORIA REPORTING SERVICE .. 1..800..222-4577 ..... , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MR. BATURIN: There is a distinction with the information we got from MR. WEST: Make a motion. MR. BATURIN: -- the detective what the motion is. Thank you. (The deposition was concluded at 10:30 a.m.) GEIGER & LORIA REPORTING SERVICE -- 1-800-222-4577 .... , 27 1 STATE OF PENNSYLVANIA ss 2 COUNTY OF DAUPHIN 3 4 I, Dawn Young Dietrich, a Reporter 5 Notary-Public, authorized to administer oaths within and for 6 the Commonwealth of Pennsylvania and take depositions in the 7 trial of causes, do hereby certify that the foregoing is the 8 testimony of CHRISTOPHER L. FISHER. 9 I further certify that before the taking of 10 said deposition, the witness was duly sworn; that the 11 questions and answers were taken down stenographically by 12 the said reporter, Dawn Young Dietrich, a Reporter 13 Notary-Public, approved and agreed to, and afterwards 14 reduced to typewriting under the direction of the said 15 Reporter. 16 I further certify that the proceedings and 17 evidence are contained fully and accurately in the notes 18 taken by me on the within deposition, and that this copy is 19 a correct transcript of the same. 20 In testimony whereof, I have hereunto 21 subscribed my hand this 11th day of January, 2006. 22 23 a~~8~ 24 25 My commission expires: May 5, 2007 GEIGER & LORIA REPORTING SERVICE - 1--800-222--4577 eUMBERLAND v ALLEY HOSE eOMPANY, MleHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity as Vice President of eumberland Valley Hose eompany, Defendants eIVIL AeTION - LAW ~ ... .-. 'to West Long LLC 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 233-5051 Plaintiffs IN THE eOURT OF eOMMON PLEAS OF eUMBERLAND eOUNTY, PENNSYLVANIA JOHN E. SHANNON and JOyeE D. SHANNON, vs. ease No. 05-2773 CERTIFICATE OF SERVICE I hereby certify that on this 30th day of January, 2006, a true and correct copy of the foregoing Plaintiffs' Answer to Defendants' Motion for Protective Order was served upon the party named below by depositing same in the United States Mail, First elass postage prepaid, and addressed as follows: Harry M. Baturin, Esquire BA TURIN & BA TURIN 2604 North Second Street Harrisburg, P A 17110 Peter B. Foster, Esquire PINSKEY & FOSTER 114 South Street Harrisburg, P A 17101 lC1bO-'1oh~ .t1 O-i rlm Deborah L. Gordon, Legal Assistant n ...., 0 '-"~ , - ;, ., ~~ " (.,- ~ :l- _.l_~ :n n~ ...- 1"--- -n :-~-1 , ., .;::1 0 C' ~:,1 ~. -) '. -0 C,I 'j --,:- C) l T, .c- , ~ -< <...n -< JOHN E. SHANNON and JOYCE D. SHANNON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2773 CIVIL CUMBERLAND V ALLEY HOSE COMPANY, MICHAEL WEIMER, : individually and in his capacity as Assistant Fire Chief of Cumberland VaHey Hose Company, and CHRISTOPHER FISHER, individually and in his capacity as Vice President of Cumberland VaHey Hose Company, Defendants IN RE: MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this Z-.l day of February, 2006, a brief argument on the defendants' motion for protective order and the answer filed thereto is set for Wednesday, February 22, 2006, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, James J. West, Esquire _ For the Plaintiffs ) Harry M. Baturin, Esquire - . Peter B. Foster, Esquire ~ ~ For the Defendants TAd ~ :;.0) +. -01,. :rlm dd ".::"~'1nJ CI'IIII\1 "J . ;.',.1 2 - 83.:l9DDZ ,\~:lV,LC:\:::;: -"'",' j ...;".1,-.,_ :.J.':Hd 3H1 ,}-(!3ll:l :If' \.) JOHN E. SHANNON and JOyeE D. SHANNON, Plaintiffs IN THE eOURT OF eOMMON PLEAS eUMBERLAND eOUNTY, PENNSYL VANIA v. eASE NO. 05-2773 eIVIL TERM CUMBERLAND V ALLEY HOSE COMPANY,MIeHAEL WEIMER, individually, and in his capacity as Assistant Fire ehief of eumberland Valley Hose eompany, and eHRISTOPHER FISHER, individually, and in his capacity As Vice President of eumberland Valley Hose eompany, elVIL AenON - LAW Defendants AFFIDAVIT OF DEFENDANT MleHAEL WEIMER February 21,2006 ~~.~ Peter B. Foster, Esquire Attorney for Defendants PINSKEY & FOSTER 114 South Street Harrisburg, PA 17101 717-234-9321 AFFIDAVIT I, Michael Weimer, Assistant Fire ehief ofeumberland Valley Hose eompany, make the following statement. On approximately November 17,2003, I discovered that approximately $247,564.75 in cash was missing from the proceeds of bingo game operations run for the benefit of the eumberland Valley Hose eo. #2, Inc., which had been conducted by John E. and Joyce D. Shannon. Following this discovery, a closed meeting ofeumberland Valley Hose eompany officers and officials was held. At this meeting, it was decided and agreed by the officials present not to release any written statements or make public utterances by Hose eompany officials implicating the Shannons in any criminal conduct involving these missing monies from the bingo operations. I was Public Information Officer for the Hose eompany at the time ofthis meeting. Following this meeting, the only written statement issued by the Hose eompany involving the Shannons was a release indicating that the bingo operation for the Hose eompany was under new management. This written statement was the only writing issued by the Hose eompany or anyone connected with the Hose eompany regarding the Shannons and the Hose eompany. To my knowledge, no officials or officers of the Hose eompany has made any verbal statements to anyone outside the Hose eompany implicating the Shannons in any criminal activity. February 20, 2006 ~mrr eOMMONWEAL TH OF PENNSYL VANIA SS: eOUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said eommonwealth and eounty, Michael Weimer, who, being duly sworn according to law does depose and say that the facts set forth in the foregoing Statement are true and correct to best his wledge, information and belief. Sworn to and subscribed before me, this 20th day of Febru\ll'Y, 2006. ~R.~ Notary Public My eommission expires: COMMONWEALTH OF PENNSYLVANlk Natanal Seal Cynthia R. Dreibelbis. Notary Public City Of Hamsflu'!l. Dauphin County My Commission Expres Sept 3. 2007 Member, PennSV!v3;1!i' Association Of Notaries . CERTIFICATE OF SERVICE I hereby certify that on this date, February 21, 2006, I served a copy of the foregoing Affidavit of Defendant Michael Weimer on the Plaintiffs to this Action by mailing said copy by first class mail at Harrisburg, P A to the Attorney for Plaintiffs at the following address: James J. West, Esquire 105 North Front Street, Ste. 205 Harrisburg, PA 17101 February 21,2006 ~h'~ Peter B. Foster, Esquire Attorney for Defendants ., '. 1. ~. ..', \ -1 C. "'" , ~!" '''', , (. . (. ;...."~d t;.;'i;(" :;';-il ;:;0 JOHN E. SHANNON and JOYCE D. SHANNON, Plaintiffs V. CUMBERLAND VALLEY HOSE COMPANY, MICHAEL WEIMER, individually and in his capacity as Assistant Fire Chief of Cumberland Valley Hose Company, and CHRISTOPHER FISHER, individually and in his capacity as Vice President of Cumberland Valley Hose Company, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2773 CIVIL IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 22nd day of February, 2006, the Motion for Protective Order is denied. James J. West, Esquire For the Plaintiffs Peter B. Foster, Esquire For the Defendants :lfh By the Court, ~-;(/t-. )4 J KCV~' "eee, J. J:..'f'";'J*,"~~ ;l.:J y-. ()& c).. \,~- ..- (i') ,~ .J \~ .c ----- JOHN E. SHANNON and JOYCE D. SHANNON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO. 05-2773 CIVIL TERM CUMBERLAND V ALLEY HOSE COMPANY, MICHAEL WEIMER, individually, and in his capacity as Assistant Fire Chief of Cumberland Valley Hose Company, and CHRISTOPHER FISHER, individually, and in his capacity As Vice President of Cumberland Valley Hose Company, CIVIL ACTION - LAW Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT To the Prothonotary: Please enter a Rille to File a Complaint upon the Plaintiffs. February 27, 2006 ~~~. Peter B. Foster, Esquire Attorney for Defendants Pinskey & Foster 114 South Street Harrisburg, PA 17101 717-234-9321 J.D. # 15357 March 3, 2006, Rule to File Canplaint Issued. rothonotary if 1 CERTIFICATE OF SERVICE I hereby certify that on this date, February 27, 2006, I served a copy of the foregoing Praecipe for Rule to File a Complaint on the Plaintiffs by mailing said copy by first class mail at Harrisburg, P A to the attorney for Plaintiffs at the following address: James J. West, Esquire West Long 105 North Front Street, Suite 205 Harrisburg, PA 17101 February 27, 2006 ~~.'~. Peter B. Foster, Esquire Attorney for Defendants ! ( ... , THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire LD. No. 70] 02 305 North Front Street 6th Floor POB 999 Harrisburg. PA ]7]08-0999 (717) 255-7626 Attorneys for Defendants JOHN E. SHANNON and JOYCE D. SHANNON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2773 CIVIL TERM vs. CIVIL ACTION - LA W CUMBERLAND V ALLEY HOSE COMPANY, MICHAEL WEIMER, individually and in his capacity as Assistant Fire Chief of Cumberland Valley Hose Company, and CHRISTOPHER FISHER, individually and in his capacity as Vice President of Cumberland Valley Hose Company, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendants Cumberland Valley Hose Company, Michael Weimer and Christopher Fisher in the above matter. Respectfully submitted, by: THOMAS, THOMAS & HAFER, LLP /I 6"z~iffJ~ /? /to[lVI.-/irtp Brooks R. Foland, Esquire . LD. No. 70102 305 North Front Street, 6th floor POB 999 Harrisburg, P A 17108-0999 (717) 255-7626 415977.1 .. ~ . CERTIFICATE OF SERVICE '1h Y1 AND NOW, this JL day of I (1 a/veL , 20ck, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: James J. West, Esq. West Long LLC 105 North Front Street Suite 205 Harrisburg, PAl 71 0 I Peter B. Foster, Esq. Pinskey & Foster 114 South Street Harrisburg, PA 17101 (6117 7- Coleen M. Polek - (") F: r--> r;':::l ~;';: -;,'" ~-:: :;0 -' o -11 ..... ""L--rl rnr;. J3~ ~'-):S2 ,~f~': v ~? <:.11 \,;:1 '-,...",. 0::;"1 :.< West Long LLC 105 North Front Street Suite 205 Harrisburg, P A 17101 (717) 233-5051 JOHN E. SHANNON and JOYCE D. SHANNON, Plaintiffs vs. CUMBERLAND V ALLEY HOSE COMPANY, MICHAEL WEIMER, individually, and in his capacity as Assistant Fire Chief of Cumberland Valley Hose Company, and CHRISTOPHER FISHER, individually, and in his capacity as V ice President of Cumberland Valley Hose Company, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 05-2773 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter as discontinued pursuant to Pa.R.Civ.P. 229. Date: April 5, 2006 Respectfully submitted, es . West, squir e Court 1.0.331 105 North Front Street, Suite 205 Harrisburg, PA 17101 Telephone: 717.233.5051 Facsimile: 717.234.7517 Attorney for Plaintiffs ! ...~ ., oJ.::.