Loading...
HomeMy WebLinkAbout05-2823MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, : INTHE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05- aR3 CIVIL TERM CHAD E. RANKIN, Defendant : ACTION IN DECLARATORY JUDGMENT 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05- 1 P22 CIVIL TERM CHAD E. RANKIN, Defendant : ACTION IN DECLARATORY JUDGMENT COMPLAINT AND NOW, comes the Plaintiff, Dawn & Associates Realty, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: Plaintiff, Dawn and Associates Realty, LLC, is a limited liability company with a principal place of business at 950 Walnut Bottom Road, Suite 16, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant Chad E. Rankin, is an attorney with a place of business at 53 North Duke Street, Suite 309, Lancaster, Pennsylvania, 17602. 3. On or around the month of April, 2005, Plaintiff and Defendant discussed the possibility of working together to form a title insurance company. 4. Plaintiff did not agree to form a title insurance company with Defendant; nor did Plaintiff sign a contract with Defendant signifying an agreement to form a title insurance company. 5. Plaintiff notified the Defendant that it had decided not to open a title company with him. 6. On or around April 26, 2005, Defendant filed a Certificate of Organization and a Docketing Statement with the Pennsylvania Department of State, forming a Limited Liability Company called, "D.A.R. Investors, LLC" 7 initial tax reports on the Docketing Statement. Defendant named Dawn Shughart as the individual responsible for the company's 8. Defendant's signature was the only signature on the Certificate of Organization filed with the Pennsylvania Department of State. 9. Plaintiff never gave permission to Defendant to form an LLC or to use Dawn Shughart's name in connection therewith. 10. On May 5, 2005, Defendant sent a letter to Plaintiff's place of business in Cumberland County, Pennsylvania, demanding that it pay Defendant $5,160.24. A copy of this letter is attached hereto as Exhibit "A." 11. Plaintiff never hired Defendant to perform legal services on its behalf. 12. Plaintiff never received or signed an engagement letter or other written agreement from Defendant notifying it of Defendant's intent to perform legal services or the fees for Defendant's legal services. 13. Plaintiff is not indebted to the Defendant for the costs of starting his own law practice or for legal services he performed for which Plaintiff did not consent. 14. Plaintiff believes, and therefore avers, that there is no contract between Plaintiff and Defendant requiring it to pay Defendant. 15. Because Defendant is demanding payment from Plaintiff to which the Defendant is not entitled and has threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal rights between the parties. 16. This action is an action for declaratoryjudgment pursuant to 42 Pa.C.S. §7531 etseq., for the purposes of determining whether Plaintiff is indebted to Defendant. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount of $5,160.24 and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO By. l Q ?Ut? illuy A. De squire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: May 31, 2005 Chad E. Rankin Cbad E. Rankin Attorney at Law Dawn Sbughart Dawn & Associates Realty 950 Walnut Bottom Road Suite 16 Carlisle, Pa 17013 May 5, 2005 Re: D.A.R. Settlement Services Dear Dawn: 53 North Duke Street Stute 309 Lancaster, Pa 17602 Phone: (717) 735-3877 Cell: (717) 368-8165 Fax: (717) 396-0924 Email: chadranldn@dejand.com 1 am writing to provide you with details of the negative consequences that I have incurred as a result of your May 2, 2005 decision to pull out of our business deal. We met on March 5, 2005 to discuss the possibility of creating and running a title company together. You informed me that the new title company would be located at your new strip mall location once it was finished. But, in the meantime, settlements could be rum from your current location. We discussed the fact that if we created the title company together that I would leave my current job to form my own practice. In fact, you stated that I could have my office inside the new location for the title company once it was completed. A .few of weeks later we agreed to become partners to form a title company. 1 indicated to you that I would begin the work necessary to form the business entity, and do the work necessary to become licensed as a title agent, In the fiurtherance of our title company, I also interviewed a number of title insurance companies to see who could provide us with the best service. I also indicated that I would start my own office here in Lancaster, and that I would provide title work for our company from that location. On April 8, 2005, I wrote to you detailing the work that I had already completed, and listing the work that needed to be completed. We met again on April 14, 2005 to finalize the details of our operating agreement, Then, I began drafting the agreements. 1 also filed certificates of organization for the creation of our Limited Liability Companies. As a result of our agreement to start the title company, I started my own law practice. I rented office space, T bought a computer, I hooked up phone and internet lines, I bought office supplies, I bought private health insurance for my family, I ordered personalized stationary, I had EXHIBIT "A" 4201200 d 1L98 8S2 !11(Xdj) 611t13d S31HIDOSSU ONH NMUO 20:E1 (NOW)S002-60-fidW my name stenciled onto the office door, and I spent a large number of hours bringing it all together. Specific to the title company, I thoroughly researched the possible business entities that would fit our desires, I spoke with a number of attorneys whose expertise involved such arrangements, I interviewed a number of title insurance companies, and. I spent many hours thinking about and creating the documents necessary to support our title company. All of my time and money spent going out on my own, and forming the title company went to waste when you decided to break our deal. To make matters worse, as I indicated to you at our first meeting, I needed guaranteed income, such as the title agent work, to go out of my own. Therefore, without our title company, I will have to shut down my own practice, and search for a job with a local law firm. You made a business decision when you decided to drop me and go with your personal attorney for the title company. Making a business decision such as this is fine if you are willing to pay for the decision. In this case you have cost me quite a bit of money, time, and lost opportunities. In thinking about this situation over the past few nights, I have come to the conclusion that you should be willing to pay for your decision. If I discounted all of the time and money that I spent on both projects I would be penalizing my family for your business decision. Therefore, I am requesting that you pay me the following damages that I incurred as a result of your decision to break our business arrangement: Filing fees for LLC Certificates of organization (DAR Settlement Services, LLC. & DAR Investors, LLC.) $250.00 Title Agent Study Materials My Attorneys fees for working on this project $900.00 (At least 16 hours @$125 per hour) $2000.00 (I have not billed you for any time spent on my own practice) Office rent from April 11 throu h M 31 g ay Verizon Cell Phone (First month plus cancellation fee ) $490.00 $ 49 Internet & Telephone Connection . Personalized Stationary $332020.73 Office Door Lettering $352.46 Private Health Insurance (First month & application fee) $121.90 $183 Office Supplies . Labtop Computer (I was able to get Dell to take back the computer 46 2 $ 36 40 however, I was required to pay for shipping) . $5,160.24 that Following payment of the above expenses, I will send you any of the following materials I acquired including any and all documentation concerning the formation of the LLCs, Title Agent study materials, and Office Supplies. 420/EOO d 1188 B52 11L(Xti3) filld38 5318130SS8 ONU NM80 20 E1 (NOW)5002-60-fiNW I have provided you copies of proof for most of the above expense as well as copies of the documents that were filed with the Commonwealth for the LLCs. Dawn, I will not have any hard feelings if you pay for your business decision. However, if I do not receive payment for the above expenses by May 28, 2005, I will be forced to commence litigation here in Lancaster. If we litigate this claim, I will seek all damages available under the law including lost profits. Sinccr?clj? Chad B. Rankin Encl. V20/VOO d 1AS 8S2 1 W xuj) fi11838 S31813OSSH ONu NM80 20 el (NOW)SO02-60-68W VERIFICATION I, Dawn M. Shughart, of Dawn & Associates Realty, LLC, acknowledge I have the authority to execute this Verification on behalf of Dawn & Associates Realty, LLC, and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DAWN & ASSOCIATES REALTY, LLC Dawn M.Shughart 3 0 F G J Chad E. Rankin, Attorney at Law Attorney ID# 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff CHAD E. RANKIN, V. Civil Action in Declaratory Judgment Defendant Notice to Plead TO: Dawn & Associates Realty, LLC. C/o Carl C. Risch 10 East High Street Carlisle, Pa 17013 You are hereby notified to file a written response to the enclosed preliminary objections below within twenty (20) days from service hereof or a judgment may be entered against you. Chad E. Rankin, Esq. Preliminary Obiections 1. The Court of Common Pleas of Cumberland County, Pennsylvania lacks jurisdiction to hear this declaratory judgment action for two reasons. First, the Plaintiff's principal, Dawn Shughart, is the potential defendant in a cause of action surrounding the essence of this declaratory judgment action. Ms. Shughart's filing of this action is a strategic decision attempting to prevent the Defendant in this declaratory judgment action from bringing an action in his chosen forum. See Osram Sylvania Products, Inc. v. Comsup Commodities, Inc., 845 A.2d 846 (2004). Second, this declaratory judgment action only serves to test an affirmative defense that should be raised when and if a lawsuit is filed by the Defendant in this declaratory judgment action. See Id. 2. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue to hear this declaratory judgment action. The Plaintiff's principal in this declaratory judgment action is the potential defendant in the underlying action. The Plaintiff in this declaratory judgment action is attempting to circumvent long-standing Pennsylvania law that allows a Plaintiff to choose its forum for a lawsuit by racing to the courthouse to file a declaratory judgment action. See Osram Sylvania Products, Inc. v. Comsup Commodities, hic., 845 A.2d 846 (2004). Furthermore, the issue of whether a contract existed, upon which the Plaintiff to this declaratory judgment action is liable, should be raised as an affirmative defense when and if the Defendant to the declaratory judgment action files a lawsuit. See Id. 3. Demurrer as to the cause of action filed by the Plaintiff. This is not a proper cause of action, but rather, an affirmative defense that should be raised when and if the Defendant to the declaratory judgment action files a lawsuit. See Osram Sylvania Products. Inc. v. Comsup Commodities, hic., 845 A.2d 846 (2004). 4. The Plaintiff in this declaratory judgment action lacks the capacity to sue because the agreement underlying this action involves Dawn Shughart, as an individual, as opposed to the entity to which she is the principal. Respectfully Submitted, had E. Rankin, Esquire Attorney I.D.# 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff V. Civil Action in Declaratory Judgment CHAD E. RANKIN, Defendant Certificate of Service AND NOW, this 14th day of June, 2005, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Notice to Plead and Preliminary Objections by United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Marston Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 (counsel for Plaintiff) ,???' Chad E. Rankin, Esquire Attorney I.D. # 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 ?, ? o _ ??, u' -?, -, ' t.?z `I ' ca r ; . ? 'C`; ,?„ `S.[: ?) w Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2823 CIVIL TERM CHAD E. RANKIN, Defendant ACTION IN DECLARATORY JUDGMENT NOTICE TO: Defendant Chad E. Rankin YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MARTSON DEAR RFF WILLIAMS & OTTO By: -S Hillary A. Dean., Esquire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: June I) , 2005 F? LESS AFAFILMG=er Curteat\11018.21-a dco? Created'. 6/20105 0 WPM Rcviscd: 6120105 0 '.33PM Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2823 CIV:Q, TERM CHAD E. RANKIN, Defendant : ACTION IN DECLARATORY JUDGMENT AMENDED COMPLAINT AND NOW, comes the Plaintiff, Dawn & Associates Realty, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Dawn and Associates Realty, LLC, is a limited liability company with a principal place of business at 950 Walnut Bottom Road, Suite 16, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant Chad E. Rankin, is an attorney with a place of business at 53 North Duke Street, Suite 309, Lancaster, Pennsylvania, 17602. 3. On or around the month of April, 2005, Plaintiff and Defendant discussed the possibility of working together to form a title insurance company. 4. Plaintiff did not agree to form a title insurance company with Defendant; nor did Plaintiff sign a contract with Defendant signifying an agreement to form a title insurance company. 5. Plaintiff notified the Defendant that it had decided not to open a title company with him. 6. On or around April 26, 2005, Defendant filed a Certificate of Organization and a Docketing Statement with the Pennsylvania Department of State, forming a Limited Liability Company called, "D.A.R. Investors, LLC." 7. Defendant named Dawn Shughart as the individual responsible for the company's initial tax reports on the Docketing Statement. 8. Defendant's signature was the only signature on the Certificate of Organization filed with the Pennsylvania Department of State. 9. Plaintiff never gave permission to Defendant to form an LLC or to use Dawn Shughart's name in connection therewith. 10. On May 5, 2005, Defendant sent a letter to Plaintiffs place of business in Cumberland County, Pennsylvania, demanding that it pay Defendant $5,160.24. A copy ofthis letter is attached hereto as Exhibit "A." 11. Plaintiff never hired Defendant to perform legal services on its behalf. 12. Plaintiff never received or signed an engagement letter or other written agreement from Defendant notifying it of Defendant's intent to perform legal services or the fees for Defendant's legal services. 13. Plaintiff is not indebted to the Defendant for the costs of starting his own law practice or for legal services he performed for which Plaintiff did not consent. 14. Plaintiff believes, and therefore avers, that there is no contract between Plaintiff and Defendant requiring it to pay Defendant. 15. Defendant, an attorney, has threatened litigation against Plaintiff; the probability of imminent litigation placed Plaintiff in an uncertain and insecure position with respect to her legal rights, status, and other relations. See Osram Sylvania Products. Inc. v. Comsun Commodities. Inc., 845 A.2d 846, 849 (Pa. Super 2004). 16. Defendant attempted to use his status as an attorney as an intimidation tactic to coerce Plaintiff to pay for the costs of starting his own law practice and for legal services he performed without Plaintiff s consent or without notice to Plaintiff of the fee for such legal services. 17. Plaintiff has not filed this declaratory judgment action solely in anticipation of litigation; Plaintiff would suffer severe legal injury should the Court delay in the determination of the issues at bar. 18. Should Plaintiff be compelled to wait for judicial proceedings to be filed by Defendant, Plaintiff would be subject to legal injury as she would remain unsure of her legal ability to form a title insurance company with another party. See Osram Sylvania Products. Inc. v. Comsup Commodities. Inc., 845 A.2d 846, 849 (Pa. Super 2004). 19. Plaintiff operates and conducts business in Cumberland County, Pennsylvania. Plaintiff does not conduct or operate any business in Lancaster County, Pennsylvania. The Cumberland County Courts are the proper forum to adjudicate this case and determine the legal rights between the parties. 20. Because Defendant is demanding payment from Plaintiff to which the Defendant is not entitled and has threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal rights between the parties. 21. This action is an action for declaratoryjudgment pursuant to 42 Pa.C.S. §7531 etseq., for the purposes of determining whether Plaintiff is indebted to Defendant. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount of $5,160.24 and grant such other and further relief as may be proper. MART ORFF WILLIAMS & OTTO BY. Hillary A. Dean, Esquire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: June,?? , 2005 Il?il , r ! :?r Chad E. Rankin Attorney at Law May 5, 2005 Dawn Shughart Dawn & Associates Realty 950 Walnut Bottom Road suite 16 Carlisle, Pa 17013 Re: D.A.R. Settlement Services 'Dear .Dawn: Chad E. Rankin 53 North Duke Street Suite 309 L.ancaeter, Pa 17602 Phone: (717) 735-3877 Cell: (717) 368-8165 Fax; (717) 396-0924 Email: chadrankin(o dejazzd.eom I am writing to provide you with details of the negative consequences that 1 have incurred as a result of your May 2, 2005 decision to pull out of our business deal. We met on March 5, 2005 to discuss the possibility of creating and running a title company together. You informed me that the new title company would be located at your new strip mall location once it was finished. But, in the meantime, settlements could be run from your current location. We discussed the fact that if we created the title company together that I would leave my current job to form my own practice. In fact, you stated that I could have my office inside the new location for the title company once it was completed. A few of weeks later we agreed to become partners to form a title company. 1 indicated to you that I would begin the work necessary to form the business entity, and do the work necessary to become licensed as a title agent. In the furtherance of our title company, I also interviewed a number of title insurance companies to see who could' provide us with the best service. I also indicated that I would start my own office here in Lancaster, and that I would provide title work for our company from that location. On April 8, 2005, I wrote to you detailing the work that I had already completed, and listing the work that needed to be completed. We met again on April 14, 2005 to finalize the details of our operating agreement. Then, I began drafting the agreements. 1 also filed certificates of organization for the creation of our Limited Liability Companies. As a result of our agreement to start the title company, I started my own law practice. I rented office space, T bought a computer, T hooked up phone and internet lines, l bought office supplies, l bought private health insurance for my family, l ordered personalized stationary, I had EXHIBIT "A" D20/200'd 1189 8S2 ili(XUA fi11N38 S3181JOSS8 GNU NANO 20:F1 (NnNlcnna-Fn-r'uw my name stenciled onto the office door, and I spent a large number of hours bringing it all together. Specific to the title company, I thoroughly researched the possible business entities that would fit our desires, I spoke with a number of attorneys whose expertise involved such arrangements, I interviewed a number of title insurance companies, and I spent many hours thinking about and creating the documents accessary to support our title company. All of my time and money spent going out on my own, and forming the title company went to waste when you decided to break our deal. To make matters worse, as I indicated to you at our first meeting, I needed guaranteed income, such as the title agent work, to go out of my own. Therefore, without our title company, I will have to shut down my own practice, and search for a job with a local law firm. You made a business decision when you decided to drop me and go with your personal attorney for the title company. Making a business decision such as this is fine if you are willing to pay for the decision. In this case you have cost me quite a bit of money, time, and lost opportunities. In thinking about this situation over the past few nights, I have come to the conclusion that you should be willing to pay for your decision. If I discounted all of the time and money that I spent on both projects I would be penalizing my family for your business decision. Therefore, I am requesting that you pay me the following damages that I incurred as a result of your decision to break our business arrangement: Piling fees for LLC Certificates of Organization $250.00 (DAR Settlement Services, LLC. & DAR Investors, LLC.) Title Agent Study Materials $900.00 My Attorneys fees for working on this project $2000.00 (At least 16 hours @$125 per hour) (I have not billed you for any time spent on my own practice) Office rent from Apri I I 1 through May 31 $490.00 Verizon Cell Phone (First month plus cancellation fee) $247.49 Internet & Telephone Connection $320.73 Personalized Stationary $352.46 Office Door Lettering $121.90 Private Health Insurance (First month & application fee) $183.80 Office Supplies $257.46 Labtop Computer (I was able to get Dell to take back the computer $ 36.40 however, 1 was required to pay for shipping) $5,160.24 Following payment of the above expenses, I will send you any of the following materials that I acquired including any and all documentation concerning the formation of the LLCs, Title Agent study materials, and Office Supplies. D20/E00'd LL99 8S2 L W XdI) filIU3d SAIMOSSU ONd NM80 20:E1 (NOW)SO02-60-fidW I have provided you copies of proof for most of the above expense as well as copies of the documents that were filed with the Commonwealth for the LLCs. Dawn, I will not have any hard feelings if you pay for your business decision. However, if I do not receive payment for the above expenses by May 28, 2005, I will be forced to commence litigation herein Lancaster. Ifwe litigate this claim, T will seek all damages available under the law including lost profits. Sinccrcl G Chad. E. Rankin Encl. P201VOO d Me BS2 LIMED) fii]83d 511HI30SSH ONH NMUG 20:E1 (NOW)SO02-60-fiHW VERIFICATION I, Dawn M. Shughart, of Dawn & Associates Realty, LLC, acknowledge I have the authority to execute this Verification on behalf of Dawn & Associates Realty, LLC, and certify the foregoing Amended Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Amended Complaint is that of counsel and not my own. I have read the document and to the extent the Amended Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DAWN & ASSOCIATES REALTY, LLC /??? ?tl. Dawn M. Shughart CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the Amended COMPLAINT was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Chad E. Rankin, Esquire 519 State Street Lancaster, PA 17603 MARTSON DEARDORFF WILLIAMS & OTTO By Mary . Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Date: ?k7 /or r> ?..? r a : ? rn? , . r.. ._.. ???? r,..,Z ? :CJ,ti} ?'=? Yi _-?l _. =.c ft ?? `: 1 ? ?+ C, Chad E. Rankin, Attorney at Law Attorney ID# 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, Plaintiff No. 05-2823 v. Civil Action in Declaratory Judgment CHAD E. RANKIN, Defendant Notice to Plead TO: Dawn & Associates Realty, LLC. C/o Carl C. Risch 10 East High Street Carlisle, Pa 17013 You are hereby notified to file a written response to the enclosed preliminary objections below within twenty (20) days from service hereof or a judgment may be entered against you. Chad E. Rankin. Esq. Preliminarv Obiections 1. The Court of Common Pleas of Cumberland County, Pennsylvania lacks jurisdiction to hear this declaratory judgment action for two reasons. First, the Plaintiff s principal, Dawn Shughart, is the potential defendant in a cause of action surrounding the essence of this declaratory judgment action. Ms. Shughart's filing of this action is a strategic decision attempting to prevent the Defendant in this declaratory judgment action from bringing an action in his chosen forum. See Osram Sylvania Products. Inc. v. ComsuD Commodities. Inc., 845 A.2d 846 (2004). Second, this declaratory judgment action only serves to test an affirmative defense that should be raised when and if a lawsuit is filed by the Defendant in this declaratory judgment action. See ;rd. 2. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue to hear this declaratory judgment action. The Plaintiff s principal in this declaratory judgment action is the potential defendant in the underlying action. The Plaintiff in this declaratory judgment action is attempting to circumvent long-standing Pennsylvania law that allows a Plaintiff to choose its forum for a lawsuit by racing to the courthouse to file a declaratory judgment action. See Osram Sylvania Products. Inc. v. ComsuD Commodities. Inc., 845 A.2d 846 (2004). Furthermore, the issue of whether a contract existed, upon which the Plaintiff to this declaratory judgment action is liable, should be raised as an affirmative defense when and if the Defendant to the declaratory judgment action files a lawsuit. See Id. 3. Demurrer as to the cause of action filed by the Plaintiff. This is not a proper cause of action, but rather, an affirmative defense that should be raised when and if the Defendant to the declaratory judgment action files a lawsuit. See Osram Svlvania Products. Inc. v. ComsuD Commodities. Inc., 845 A.2d 846 (2004). 4. The Plaintiff in this declaratory judgment action lacks the capacity to sue because the agreement underlying this action involves Dawn Shughart, as an individual, as opposed to the entity to which she is the principal. 5. Paragraph 16 of the Plaintiff's complaint should be stricken as impertinent. Respectfully Submitted, Chad E. Rankin, Esquire Attorney I.D.# 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, Plaintiff No. 05-2823 V. CHAD E. RANKIN, Defendant ORDER AND NOW, this day of Civil Action in Declaratory Judgment 2005 upon consideration of the Defendant's preliminary objections and any response thereto, it is hereby ORDERED that the Defendant's preliminary objections are SUSTAINED, and the Plaintiff's Declaratory Judgment Action is dismissed with prejudice. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff CHAD E. RANKIN, V. Civil Action in Declaratory Judgment Defendant Certificate of Service AND NOW, this 6th day of July, 2005, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Notice to Plead and Preliminary Objections to the Amended Complaint by United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Marston Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 (counsel for Plaintiff) Chad E. Rankin, Esquire Attorney I.D. # 87896 519 State St. Lancaster, Pa 17603 (717) 399-3371 TI >' - c T =- r n mr __ -0 m =r C5h C W U ? K C ~ D Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 9287E Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. CHAD E. RANKIN, Defendant TO: Defendant Chad E. Rankin CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2823 CIVIL TERM ACTION IN DECLARATORY JUDGMENT NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MA:Hillary F WILLIAMS & OTTO By: A. Dean, squire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: July 26, 2005 F.TILEWATA fLMGenereRCur A1I01B.21-2ndemendcomp Creerod? 6120/05 0,00PM Revised. ]/26/05 9.50AM Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN & ASSOCIATES REALTY, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2823 CIVIL TERM CHAD E. RANKIN, Defendant : ACTION IN DECLARATORY JUDGMENT SECOND AMENDED COMPLAINT AND NOW, comes the Plaintiff, Dawn & Associates Realty, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Dawn and Associates Realty, LLC, is a limited liability company with a principal place of business at 950 Walnut Bottom Road, Suite 15, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant Chad E. Rankin, is an attorney with a place of business at 53 North Duke Street, Suite 309, Lancaster, Pennsylvania, 17602. 3. On or around the month of April, 2005, Plaintiff and Defendant discussed the possibility of working together to form a title insurance company. 4. Plaintiff did not agree to form a title insurance company with Defendant; nor did Plaintiff sign a contract with Defendant signifying an agreement to form a title insurance company. 5. Plaintiff notified the Defendant that it had decided not to open a title company with him. 6. On or around April 26, 2005, Defendant filed a Certificate of Organization and a Docketing Statement with the Pennsylvania Department of State, forming a Limited Liability Company called, "D.A.R. Investors, LLC." 7. Defendant named Dawn Shughart as the individual responsible for the company's initial tax reports on the Docketing Statement. 8. Defendant's signature was the only signature on the Certificate of Organization filed with the Pennsylvania Department of State. 9. Plaintiff never gave permission to Defendant to form an LLC or to use Dawn Shughart's name in connection therewith. 10. On May 5, 2005, Defendant sent a letter to Plaintiff's place of business in Cumberland County, Pennsylvania, demanding that it pay Defendant $5,160.24. A copy ofthis letter is attached hereto as Exhibit "A." 11. Plaintiff never hired Defendant to perform legal services on its behalf. 12. Plaintiff never received or signed an engagement letter or other written agreement from Defendant notifying it of Defendant's intent to perform legal services or the fees for Defendant's legal services. 13. Plaintiff is not indebted to the Defendant for the costs of starting his own law practice or for legal services he performed for which Plaintiff did not consent. 14. Plaintiff believes, and therefore avers, that there is no contract between Plaintiff and Defendant requiring it to pay Defendant. 15. Defendant, an attorney, has threatened litigation against Plaintiff, the probability of imminent litigation placed Plaintiff in an uncertain and insecure position with respect to her legal rights, status, and other relations. See Osram Sylvania Products. Inc. v. Comsup Commodities. Inc., 845 A.2d 846, 849 (Pa. Super 2004). 16. Defendant attempted to use his status as an attorney to coerce Plaintiff to pay for the costs of starting his own law practice and for legal services he performed without Plaintiff s consent or without notice to Plaintiff of the fee for such legal services. 17. Plaintiff has not filed this declaratory judgment action solely in anticipation of litigation; Plaintiff would suffer severe legal injury should the Court delay in the determination of the issues at bar. 18. Should Plaintiff be compelled to wait for judicial proceedings to be filed by Defendant, Plaintiff would be subject to legal injury as she would remain unsure of her legal ability to form a title insurance company with another party. See Osram Sylvania Products, Inc. v. Comsun Commodities. Inc., 845 A.2d 846, 849 (Pa. Super 2004). 19. Plaintiff operates and conducts business in Cumberland County, Pennsylvania. Plaintiff does not conduct or operate any business in Lancaster County, Pennsylvania. The Cumberland County Courts are the proper forum to adjudicate this case and determine the legal rights between the parties. 20. Because Defendant is demanding payment from Plaintiff to which the Defendant is not entitled and has threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal rights between the parties. 21. This action is an action fordeclaratoryjudgmentpursuant to42Pa.C.S.§7531etseq., for the purposes of determining whether Plaintiff is indebted to Defendant. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount of $5,160.24 and grant such other and further relief as may be proper. MART F WILLIAMS & OTTO By: Hillary A. Dean, Esquire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: Julyj? , 2005 olio Cbad E. Nankin Attorney at Law Chad E. Rankin 53 Nonh Duke Street Suite 309 Lancaster, Pa 17602 Phone: (717) 735-3877 Cell: (717) 368-8165 Fax: (717) 396-0924 Email: chadrankinQo deja=d.com May 5, 2005 Dawn Shughart Dawn & Associates Realty 950 Walnut Bottom Road Suite 16 Carlisle, Pa 17013 Re: D.A.R. Settlement Services Dear Dawn: I am writing to provide you with details of the negative consequences that I have incurred as a result of your May 2, 2005 decision to pull out of our business deal. We met on March 5, 2005 to discuss the possibility of creating and running a title company together. You informed me that the new title company would be located at your new strip mall location once it was finished. But, in the meantime, settlements could be run from your current location. We discussed the fact that if we created the title company together that I would leave my current job to form my own practice. In fact, you stated that I could have my office inside the new location for the title company once it was completed. A few of weeks later we agreed to become partners to form a title company, 1 indicated to you that I would begin the work necessary to form the business entity, and do the work necessary to become licensed as a title agent. In the furtherance of our title company, I also interviewed a number of title insurance companies to see who could provide us with the best service. I also indicated that I would start my own office here in Lancaster, and that 1 would provide title work for our company from that location. On April 8, 2005, I wrote to you detailing the work that I had already completed, and listing die work that needed to be completed. We met again on April 14, 2005 to finalize the details of our operating agreement. Then, I began drafting the agreements. 1 also filed certificates of organization for the creation of our Limited Liability Companies. As a result of our agreement to start the title company, I started my own law practice. I rented office space, T bought a computer, 1 hooked up phone and internet lines, I bought office supplies, I. bought private health insurance for my family, I ordered personalized stationary, I had EXHIBIT "A" 201200 d 1188 8S2 1t1(X0j) h0d3d S316I3055H ONH NoHn PV,l WWlcnm-Fn-cup my name stenciled onto the office door, and I spent a large number of hours bringing it all together. Specific to the title company, I thoroughly researched the possible business entities that would fit our desires, I spoke with a number of attorneys whose expertise involved such arrangements, I interviewed a number of title insurance companies, and I spent many hours thinking about and creating the documents necessary to support our title company. All of my time and money spent going out on my own, and forming the title company went to waste when you decided to break our deal. To make matters worse, as I indicated to you at our first meeting, i needed guaranteed income, such as the title; agent work, to go out of my own. Therefore, without our title company, I will have to shut down my own practice, and search for a job with a local law firm. You made a business decision when you decided to drop me and go with your personal attorney for the title company. Making a business decision such as this is fine if you are willing to pay for the decision. in this case you have cost me quite a bit of money, time, and lost opportunities. In thinking about this situation over the past few nights, I have come to the conclusion that you should be willing to pay for your decision. IfI discounted all of the time and money that I spent on both projects I would be penalizing my family for your business decision. Therefore, I am requesting that you pay me the following damages that I incurred as a result of your decision to break our business arrangement: Filing fees for LLC Certificates ofOrganization $250.00 (DAR Settlement Services, LLC. & DAR Investors, LLC.) Title Agent Study Materials $900.00 My Attorneys fees for working on this project $2000.00 (At least 16 hours @$125 per hour) (I have not billed you for any time spent on my own practice) Office rent from Apri l 11 through ..May 31 $490.00 Verizon Cell Phone (First month plus cancellation fee) $247.49 Internet & Telephone Connection $320.73 Personalized Stationary $352.46 Office Door Lettering $121.90 Private Health Insurance (First month & application fee) $183.80 Office Supplies $257.46 Labtop Computer (I was able to get Dell to take back the computer $ 36.40 however, 1 was required to pay for shipping) $5,160.24 Following payment of the above expenses, I will send you any of the following materials that I acquired including any and al l documentation concerning the formation of the LLCs, Title Agent study materials, and Office Supplies. V201E00 d LL88 8S2 LIL(XNd) U1838 S318130SS6 ONH NMUQ 20 el (N0W)S002-50-htJW I have provided you copies of proof for most of the above expense as well as copies of the documents that were filed with the Commonwealth for the LLCs. Dawn, I will not have any hard feelings if you pay for your business decision. However, if I do not receive payment for the above expenses by May 28, 2005, I will be forced to commence litigation here in Lancaster. If we litigate this claim, I. will seek all damages available under the law including lost profits. Stilerel G 4L ??7? Chad B. Rankin Encl. P201POO'd Z08 8S2 Z1Z(Xttd) h11838 51181DOSSU GNU N<80 20:E1 (NOW)SO02-60-5UP VERIFICATION I, Dawn M. Shughart, of Dawn & Associates Realty, LLC, acknowledge I have the authority to execute this Verification on behalf of Dawn & Associates Realty, LLC, and certify the foregoing Amended Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Amended Complaint is that of counsel and not my own. I have read the document and to the extent the Amended Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DAWN & ASSOCIATES REALTY, LLC ? ' v`? ism Dawn M. Shughart CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the Amended COMPLAINT was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Chad E. Rankin, Esquire 519 State Street Lancaster, PA 17603 MARTSON DEARDORFF WILLIAMS & OTTO By T Uwe M Tensary . Price t High Street Carlisle, PA 17013 (717) 243-3341 Date: - 7160o1?F ??, ?? <. ? ?„ T ?- --, r.? _ ?.?.: _o?;? o, - ,? ;:_ ? c_, - r __ <?r`> {.) °ri :J !"l 'D -' Li -` Chad E. Rankin Attorney ID# 87896 519 State St. Lancaster, Pa 17603 (717) 735-3985 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff V. Civil Action in Declaratory Judgment CHAD E. RANKIN, Defendant Notice to Plead TO: Dawn & Associates Realty, LLC. C/o Carl C. Risch 10 East High Street Carlisle, Pa 17013 You are hereby notified to file a written response to the Defendant's preliminary objections to the Plaintiffs Second Amended Complaint below within twenty (20) days from service hereof or a judgment maybe entered against you. Chad E. Rankin, Esq. Preliminary Objections to Plaintiffs Second Amended Complaint AND NOW, comes the Defendant Chad E. Rankin to abject to the Plaintiff's Second Amended Complaint as follows: 1. The Court of Common Pleas of Cumberland County, Pennsylvania lacks jurisdiction to hear this declaratory judgment action for two reasons. ]First, the Plaintiff's principal, Dawn Shughart, is the potential defendant in a cause of action surrounding the essence of this declaratory judgment action. Ms. Shughart's filing of this action is a strategic decision attempting to prevent the Defendant in this declaratory judgment action from bringing an action in his chosen forum. See Osram Sylvania Products, Inc. v. Comsup Commodities, Inc., 845 A.2d 846 (2004). Second, this declaratory judgment action only serves to test an affirmative defense that should be raised when and if a lawsuit is filed by the Defendant in this declaratory judgment action. See Id. 2. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue to hear this declaratory judgment action. The Plaintiff's principal in this declaratory judgment action is the potential defendant in the underlying action. The Plaintiff in this declaratory judgment action is attempting to circumvent long-standing Pennsylvania law that allows a Plaintiff to choose its forum for a lawsuit by racing to the courthouse to file a declaratory judgment action. See Osram Sylvania Products Inc v. Comsun Commodities. Inc., 845 A.2d 846 (2004). Furthermore, the issue of whether a contract existed, upon which the Plaintiff to this declaratory judgment action is liable, should be raised as an affirmative defense when and if the Defendant to the declaratory judgment action files a lawsuit. See Id. 3. Demurrer as to the cause of action filed by the Plaintif£ This is not a proper cause of action, but rather, an affirmative defense that should be raised when and if the Defendant to the declaratory judgment action files a lawsuit. See Osram Sylvania Products, hie. V. Comsun Commodities hic., 845 A.2d 846 (2004). 4. The Plaintiff in this declaratory judgment action lacks the capacity to sue because the agreement underlying this action involves Dawn Shughart, as an individual, as opposed to the entity to which she is the principal. 5. Paragraph 16 of the Plaintiff s Second Amended Complaint should be stricken as impertinent. Respectfully Submitted, I/ Chad E. Rankin, Esquire Attorney I.D.# 87896 519 State St. Lancaster, Pa 17603 (717) 735-3985 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, Plaintiff No. 05-2823 V. CHAD E. RANKIN, Defendant ORDER AND NOW, this day of Civil Action in Declaratory Judgment 2005 upon consideration of the Defendant's preliminary objections to the Plaintiff's Second Amended Complaint and any response thereto, it is hereby ORDERED that the Defendant's preliminary objections are SUSTAINED, and the Plaintiff's Declaratory Judgment Action is dismissed with prejudice. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff CHAD E. RANKIN, V. Civil Action in Declaratory Judgment Defendant Certificate of Service AND NOW, this 28th day of July, 2005, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Notice to Plead and Preliminary Objections to the Amended Complaint by United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Marston Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 (counsel for Plaintiff) Chad E. Rankin, Esquire Attorney I.D. # 87896 519 State St. Lancaster, Pa 17603 (717) 735-3985 n? C w? C. -n N -?. ?C7 GJ ' Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN M. SHUGHART & DAWN & ASSOCIATES REALTY, LLC, Plaintiffs V. CHAD E. RANKIN, Defendant TO: Defendant Chad E. Rankin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2823 CIVIL TERM ACTION IN DECLARATORY JUDGMENT NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN THIRD AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MARTSON DEARDORFF WILLIAMS & OTTO 4B, , A. Dean, quire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: August 17, 2005 F:\FIUS\DATAF E\G mm[\Cument\11018.21-3rdemendc mp CreatW U20/05 O:OOPM Reviud: 8/17/05 3:NPM Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAWN M. SHUGHART & DAWN & ASSOCIATES REALTY, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2823 CIVIL TERM CHAD E. RANKIN, Defendant : ACTION IN DECLARATORY JUDGMENT THIRD AMENDED COMPLAINT AND NOW, come the Plaintiffs, Dawn M. Shughart and Dawn & Associates Realty, LLC, by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Dawn M. Shughart, is an adult individual residing at 14 Farm Lane, Carlisle, Pennsylvania, 17013. 2. Plaintiff, Dawn and Associates Realty, LLC, is a limited liability company owned and operated by Plaintiff Dawn M. Shughart, with a principal place of business at 950 Walnut Bottom Road, Suite 16, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Defendant Chad E. Rankin, is an attorney with a place of business at 53 North Duke Street, Suite 309, Lancaster, Pennsylvania, 17602. 4. On or around the month of April, 2005, Plaintiff and Defendant discussed the possibility of working together to form a title insurance company. 5. Plaintiff did not agree to form a title insurance company with Defendant; nor did Plaintiff sign a contract with Defendant signifying an agreement to form a title insurance company. 6. Plaintiff notified the Defendant that it had decided. not to open a title company with him. 7. On or around April 26, 2005, Defendant filed a Certificate of Organization and a Docketing Statement with the Pennsylvania Department of State, forming a Limited Liability Company called, "D.A.R. Investors, LLC." 8. Defendant named Dawn Shughart as the individual responsible for the company's initial tax reports on the Docketing Statement. 9. Defendant's signature was the only signature on the Certificate of Organization filed with the Pennsylvania Department of State. 10. Plaintiff never gave permission to Defendant to form an LLC or to use Dawn Shughart's name in connection therewith. 11. On May 5, 2005, Defendant sent a letter to Plaintiffs place of business in Cumberland County, Pennsylvania, demanding that it pay Defendant $5,160.24. A copy of this letter is attached hereto as Exhibit "A." 12. Plaintiff never hired Defendant to perform legal services on its behalf. 13. Plaintiff never received or signed an engagement letter or other written agreement from Defendant notifying it of Defendant's intent to perform legal services or the fees for Defendant's legal services. 14. Plaintiff is not indebted to the Defendant for the costs of starting his own law practice or for legal services he performed for which Plaintiff did not consent. 15. Plaintiff believes, and therefore avers, that there is no contract between Plaintiff and Defendant requiring it to pay Defendant. 16. Defendant, an attorney, has threatened litigation against Plaintiff; the probability of imminent litigation placed Plaintiff in an uncertain and insecure position with respect to her legal rights, status, and other relations. See Osram Sylvania Products. Inc. v. Comsup Commodities, Inc., 845 A.2d 846, 849 (Pa. Super 2004). 17. Defendant attempted to use his status as an attorney to coerce Plaintiff to pay for the costs of starting his own law practice and for legal services he performed without Plaintiff's consent or without notice to Plaintiff of the fee for such legal services. 18. Plaintiff has not filed this declaratory judgment action solely in anticipation of litigation; Plaintiff would suffer severe legal injury should the Court delay in the determination of the issues at bar. 19. Should Plaintiff be compelled to wait for judicial proceedings to be filed by Defendant, Plaintiff would be subject to legal injury as she would remain unsure of her legal ability to form a title insurance company with another party. See Osram Sylvania Products, Inc. v. Comsup Commodities, Inc., 845 A.2d 846, 849 (Pa. Super 2004). 20. Plaintiff operates and conducts business in Cumberland County, Pennsylvania. Plaintiff does not conduct or operate any business in Lancaster County, Pennsylvania. The Cumberland County Courts are the proper forum to adjudicate This case and determine the legal rights between the parties. 21. Because Defendant is demanding payment from Plaintiff to which the Defendant is not entitled and has threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal rights between the parties. 22. This action is an action for declaratoryjudgment pursuant to 42 Pa.C. S. §7531 etseq., for the purposes of determining whether Plaintiff is indebted to Defendant. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount of $5,160.24 and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO B 7k? Dean, uire 4A orney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 Attorneys for Plaintiff Date: August 17, 2005 Y G1D Chad E. Rankin Attorney at Law May 5, 2005 Dawn Shughart Dawn & Associates Realty 950 Walnut Bottom Road Suite 16 Carlisle, Pa 17013 Re. D.A.R. Settlement Services Dear.Dawn: Chad E. Rankin 53 North Duke Street Suite 309 Lancaster, Pa 17602 Phone: (717) 735-3877 Cell: (717) 368-8165 Fax: (717) 396-0924 Email: chadrankln@deja=d.com i am writing to provide you with details of the negative consequences that I have incurred as a result of your May 2, 2005 decision to pull out of our business (lea). We met on March 5, 2005 to discuss the possibility of creating and running a title company together. You informed me that the new title company would be located at your new strip mall location once it was finished. But, in the meantime, settlements could be run from your current location. We discussed the fact that if we created the title company together that I would leave my current job to form my own practice. In fact, you stated that I could have my office inside the new location for the title company once it was completed. A few of weeks later we agreed to become partners to form a title company. 1 indicated to you that I would begin the work necessary to form the business entity, and do the work necessary to become licensed as a title agent. In the furtherance of our title company, l also interviewed a number of title insurance companies to see who could provide us with the best service. I also indicated that I would start my own office here in Lancaster, and that 1 would provide ti.tle work for our company from that location. On April S, 2005, I wrote to you detailing the work that I had already completed, and listing the work that needed to be completed. We met again on April 14, 2005 to finalize the details of our operating agreement. Then, T began drafting the agreements. 1 also filed. certificates of organization for the creation of our Limited Liability Companies. As a result of our agreement to start the title company, I started my own law practice. I rented office space, T bought a computer, I hooked up phone and internet lines, 1 bought office supplies, I bought private health insurance for my family, 1 ordered personalized stationary, I had EXHIBIT "A" my name stenciled onto the office door, and I spent a large number of hours bringing it all together. Specific to the title company, I thoroughly researched th.e possible business entities that would fit our desires, I spoke with a number of attorneys whose expertise involved such arrangements, I interviewed a number of title insurance companies, and I spent many hours thinking about and creating the documents necessary to support our title company. All of my time and money spent going out on my own, and forming the title company went to waste when you decided to break our deal, To make matters worse, as I indicated to you at our first meeting, I needed guaranteed income, such as the title agent work, to go out of my own. Therefore, without our title company, .I will have to shut down my own practice, and search for a job with a local law Em. You made a business decision when you decided to drop me and go with your personal attorney for the title company. Making a business decision such as this is fine if you are willing to pay for the decision. In this case you have cost me quite a bit of money, time, and lost opportunities. In thinking about this situation over the past few nilghts, I have conic to the conclusion that you should be willing to pay for your decision. If I discounted all of the time and money that I spent on both projects I would be penalizing my family for your business decision. Therefore, I am requesting that you pay me the following damages that I incurred as a result of your decision to break our business arrangement: Filing fees for LLC Certificates of Organization $250.00 (DAR Settlement Services, LLC. & DAR Investors, LLC.) Title Agent Study Materials $900.00 My Attorneys fees for working on this project $2000.00 (At least 16 hours @$125 per hour) (I have not billed you for any time spent on my own practice) Office rent from April 11 through May 31 $490.00 Verizon Cell Phone (First month plus cancellation fee) $247.49 Internet & Telephone, Connection $320473 Personalized Stationary $352.46 Office Door Lettering $121.90 Private Health Insurance (First month & application fee) $183.80 Office Supplies $257.46 Labtop Computer (I was able to get Dell to take back the computer $ 36.40 however, i was required to pay for shipping) $5,160.24 Following payment of the above expenses, I will send you an.y of the following materials that I acquired including any and all documentation concerning the formation of the LLCs, Title Agent study materials, and Office Supplies. I have provided you copies of proof for most of the above expense as well as copies of the documents that were filed with the Commonwealth for the LLCs. Dawn, I will not have any hard feelings if you pay for your business decision. However, ifI do not receive payment for the above expenses by May 28, 2005, I will be forced to commence litigation here in Lancaster. If we litigate this claim„ I will seek all damages available under the law including lost profits. Sinocrc G Chad B. Rankin Encl. _n,_nn i „II .i./Vii I I I I I II II I II T l I II PI 1 ull IP.I.i /\Il1IJ\flllll II ruu VERIFICATION I, Dawn M. Shughart, of Dawn & Associates Realty, LLC, acknowledge I have the authority to execute this Verification on behalf of Dawn & Associates Realty, LLC, and certify the foregoing Amended Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Amended Complaint is that of counsel and not my own. I have read the document and to the extent the Amended Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Amended Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. DAWN & ASSOCIATES REALTY, LLC ," 1pq V2, Dawn M.Shughart CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the Third Amended Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Chad E. Rankin, Esquire 519 State Street Lancaster, PA 17603 MARTSON DEARDORFF WILLIAMS & OTTO B 1 /L , Y L'2?? Mary Price Ten Bait High Street Carlisle, PA 17013 (717) 243-3341 Date: ?/?71 e ?? r? ? ?:. o ?, ,?. ? c? ? -v m ? ?? ? '- _, I, c? ?i C7 , , ,a •.; fYl :.? -. d? D '< Chad E. Rankin Attorney ID# 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs V. CHAD E. RANKIN, Defendant Notice to Plead TO: Dawn Shughart. C/o Carl C. Risch 10 East High Street Carlisle, Pa 17013 Civil Action in Declaratory Judgment You are hereby notified to file a written response to the Defendant's preliminary objections to the Plaintiffs' Third Amended Complaint below within twenty (20) days from service hereof or a judgment may be entered against you. Chad E. Rankin, Esq. Preliminary Obiections to Plaintiffs' Third Amended Complaint AND NOW, comes the Defendant Chad E. Rankin to object to the Plaintiffs' Third Amended Complaint as follows: The Court of Common Pleas of Cumberland County, Pennsylvania lacks jurisdiction to hear this declaratory judgment action for two reasons. First, the Plaintiff, Dawn Shughart, is the potential defendant in a cause of action surrounding the essence of this declaratory judgment action. Ms. Shughart's filing of this action is an improper strategic decision attempting to prevent the Defendant in this declaratory judgment action from bringing an action in his chosen forum. See Osram Sylvania Products. Inc, v. Comsup Commodities, Inc., 845 A.2d 846 (2004). Second, this declaratory judgment action only serves to test an affirmative defense that should be raised when and if a lawsuit is filed by the Defendant in this declaratory judgment action. See Id. 2. The Court of Common Pleas of Cumberland County, Pennsylvania is an improper venue to hear this declaratory judgment action. Plaintiff, Dawn Shughart, is the potential defendant in the underlying action. The Plaintiffs in this declaratory judgment action are attempting to circumvent long-standing Pennsylvania law that allows a plaintiff to choose its forum for a lawsuit by racing to the courthouse to file a declaratory judgment action. See Osram Sylvania Products. Inc. v. Comsup Commodities. Inc., 845 A.2d 846 (2004). Furthermore, the issue of whether a contract existed, upon which the Plaintiff to this declaratory judgment action is liable, should be raised as an affirmative defense when and if the Defendant to the declaratory judgment action files a lawsuit. See Id. Demurrer as to the cause of action filed by the Plaintiffs. This is not a proper cause of action, but rather, an affirmative defense that should be raised when and if the Defendant to the declaratory judgment action files a lawsuit. See Osram Sylvania Products. Inc. v. Comsun Commodities, Inc., 845 A.2d 846 (2004). 4. One of the Plaintiffs, Dawn & Associates Realty, LLC., in this declaratory judgment action lacks the capacity to sue because the agreement underlying this action involves Dawn Shughart, as an individual, as opposed to the entity to which she is the principal. Respectfully Submitted, Chad E. Rankin, Esquire Attorney I.D.# 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, DAWN SHUGHART, Plaintiffs No. 05-2823 V. CHAD E. RANKIN, Defendant ORDER AND NOW, this day of Civil Action in Declaratory Judgment 2005 upon consideration of the Defendant's Preliminary Objections to the Plaintiffs' Third Amended Complaint and any response thereto, it is hereby ORDERED that the Defendant's Preliminary Objections are SUSTAINED, and the Plaintiffs' Declaratory Judgment Action is dismissed with prejudice. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs CHAD E. RANKIN, V. Civil Action in Declaratory Judgment Defendant Certificate of Service AND NOW, this 25th day of August, 2005, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Notice to Plead and Preliminary Objections to the Third Amended Complaint by United States Mail, addressed to the party or attorney of record as follows: Carl C. Risch, Esquire Marston Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 (counsel for Plaintiff) Chad E. Rankin, Esquire Attorney I.D. # 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 "' i;; `-; O -n cn z^' •? S- .: n m "r= ?: ?.? ?? ?C7 f _t_ _,,7 ?(.J ` "? {"G 4 i (? .- _ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Dawn & Associates Realty, LLC VS. Chad E. Rankin No. 05-2823 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Praliminar. Objections Term 2. Identify counsel who will argue cases: (a) for plaintiff; Carl C. Risch, Esq., 10 East High Street, (Name and Address) Carlisle, PA 17013 (b) for defendant Chad E Rankin Esa 2173 Etnbascv nriVe, (Name and Address) Lancaster, PA 17603 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 23, (Plaintiff) (Defendant) Chad E Rankin, Es.q_ Print your narne Defendant Date: November 1, 2005 Attorney for ?? ?. ? ? ? ? ; t Q rn ? `?:f,? _-rr ` -a `>?n :x- 'J .. t ? ? 'iJ ` ' ' L ? i : DAWN & ASSOCIATES REALTY, LLC., Plaintiff VS. CHAD E. RANKIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2823 CIVIL IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT BEFORE HESS AND OLER, J.J ORDER AND NOW, this S' day of December, 2005, the court agreeing with the defendant that declaratory relief should be withheld when the request for relief is an attempt to adjudicate the validity of a defense to a potential future law suit and that a declaratory judgment action is not meant to be a vehicle by which a defendant may usurp the plaintiff's right to select a forum, and it further appearing that there is an action pending in Lancaster County between the same parties and arising from the same transaction, the preliminary objections of the defendant are SUSTAINED and the captioned action is DISMISSED. See Osram Sylvania Products, Inc. v. Comsup Commodities, Inc., 845 A.2d 846, 848 (Pa.Super. 2004). BY THE COURT, A-Iillary A. Dean, Esquire V` ?arl C. Risch, Esquire 1 v For the Plaintiff \,Vhad E. Rankin, Esquire Defendant ' ?; ; ?; Chad E. Rankin Attorney ID# 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs V. CHAD E. RANKIN, Defendant Civil Action in Declaratory Judgment ORDER AND NOW, this day of , 2006, upon the Defendant's Motion for Sanctions under Pa.R.C.P. 1023.1 and any response thereto, it is hereby ORDERED that the motion is GRANTED and the Plaintiff must BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, Plaintiff V. CHAD E. RANKIN, Defendant ORDER AND NOW, _ hereby ordered that No. 05-2823 CIVIL ACTION IN DECLARATORY JUDGMENT upon consideration of the foregoing motion, it is (1) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested; (2) the respondent shall file an answer to the motion within days of this date; (3) the motion shall be decided under Pa. R.C.P. No. 206.7; (4) depositions shall be complete within days of this date; (5) argument shall be held on in Courtroom of the Cumberland County Courthouse; and (6) notice of entry of this order shall be provided to all parties by the moving party. By the Court J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, Plaintiff V. CHAD E. RANKIN, Defendant ORDER No. 05-2823 CIVIL ACTION IN DECLARATORY JUDGMENT AND NOW, _ upon consideration of the foregoing motion, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested; (2) the respondent shall file an answer to the motion within days of this date; (3) the motion shall be decided under Pa. R.C.P. No. 206.7; (4) depositions shall be complete within days of this date; (5) argument shall be held on in Courtroom of the Cumberland County Courthouse; and (6) notice of entry of this order shall be provided to all parties by the moving party. By the Court J Chad E. Rankin Attorney ID# 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs V. Civil Action in Declaratory Judgment CHAD E. RANKIN, Defendant Motion for Sanctions under Pa.R.C.P. 1023.1 Judges Kevin A. Hess and Wesley J. Oler, Jr. have been involved in this matter as they have heard argument on the Defendant's preliminary objections and issued an Order based on the preliminary objections. This motion arises from the Defendant's preliminary objections. 2. The Plaintiff to this declaratory judgement action, Dawn Shughart, is the potential Defendant for actions sounding in breach of contract and detrimental reliance. The Defendant to this declaratory judgement action filed preliminary objections to jurisdiction and venue on June 14, 2005. 4. Along with the preliminary objections, the Defendant sent a letter to Plaintiffs counsel which included Pennsylvania case law directly on point which supported the preliminary objections holding that a Defendant cannot preempt the Plaintiff s choice of a forum by racing to another courthouse to file a declaratory judgement action. Furthermore, the case held that a declaratory judgement action was not meant to test an affirmative defense. (See Defendant's June 14, 2005 correspondence and accompanying case law attached as Exhibit "A"). 5. The Defendant's June 14, 2005 correspondence indicated that a motion for sanctions would be presented if the Plaintiff continued with the action as required by Pa.R.C.P. 1023.1. (See Defendant's notice of a motion for sanctions attached as Exhibit "A"). 6. Subsequent to the Defendant's letter, the Plaintiff filed three amended complaints even though the Defendant's preliminary objections basically remained the same each time. In addition to responding to each of the three Amended Complaints, the Plaintiff forced the Defendant to travel to Cumberland County to argue this matter. 8. On December 5, 2005, Judge Hess issued an Order granting the Defendant's preliminary objections based on the very law that was provided to the Plaintiff. (See Judge Hess' Order attached as Exhibit `B"). 9. The Defendant spent the following time defending against the Plaintiff's frivolous declaratory judgment action after notice of a motion for sanctions was mailed on June 14, 2005: a. One and one half (1.5) hours preparing and filing three additional preliminary objections to the Plaintiffs three amended complaints. b. Four (4) hours writing a brief in support of the preliminary objections; and c. Three (3) hours traveling to and arguing the preliminary objections. 10. The Defendant spent a total of eight and one half (8.5) hours defending against this declaratory judgment action after the June 14, 2005 notice was sent to the Plaintiff. 11. The Defendant works at a rate of $150 per hour. 12. Additionally, this matter was scheduled for a hearing on December 6, 2005 before a District Magisterial Judge. 13. Plaintiff's counsel Carl Risch called the Defendant shortly before the District Magisterial Judge hearing requesting a continuance, which was not provided. 14. During this conversation, Plaintiff s counsel inquired about the "legal fees" that the Defendant asserted the Plaintiff owed him. The Defendant informed Plaintiffs counsel that the claim was for sweat equity in the failed business relationship and not legal fees from an attorney/client relationship. 15. Despite the conversation, Plaintiffs counsel then sent a letter to the Defendant's employer threatening monetary sanctions against the Defendant's employer for allowing the Defendant to proceed with the action before the District Magisterial Judge and Pennsylvania Supreme Court. Disciplinary Board action against the Defendant for the above discussed "legal fees." (See Plaintiffs December 1, 2005 correspondence attached as Exhibit "C"). 16. Plaintiff counsel's letter was an inappropriate attempt to threaten and intimate both the Defendant and his new employer. 17. Plaintiff counsel's actions could be grounds for disciplinary action. The Defendant will leave this to the Court's discretion. 18. The hearing before the District Magisterial Judge was cancelled and the Defendant lost his filing and subpoenas fees which totaled $201.52. (See District Magisterial Judge Hearing costs attached as Exhibit "D"). WHEREFORE, The Defendant requests that this Honorable Court impose monetary and disciplinary sanctions on the Plaintiff and/or Plaintiff s counsel as it deems fit. RESPECTFULLY SUBMITTED: MCDONALD AT LAW Date: FebruaU 23.2006 By: Chad E. Rankin, Esquire Attorney I.D. 987896 Attorney for Defendant 2173 Embassy Drive Lancaster, PA 17603 (717) 431-3093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs V. Civil Action in Declaratory Judgment CHAD E. RANKIN, Defendant Certificate of Service AND NOW, this 23rd day of February, 2006, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Motion for Sanctions under Pa.R.C.P. 1023.1 by First Class U.S. Mail, postage prepaid on: Carl C. Risch, Esquire MARTSON DEARFORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pa 17013 Chad E. Rankin, Esquire Attorney I.D. # 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 ??,?? __-- Chad E. Rankin 519 State Street Lancaster, Pa 17603 chad2jodi@dejazzd.com June 14, 2005 Carl C. Risch Marston Deardorff Williams & Otto 10 East High Street Carlisle, Pa 17013 Re: Dawn & Associates Realty v. Rankin Dear Carl: Please find enclosed a copy of the preliminary objections filed in this matter. I have also attached a Pennsylvania Superior Court case on point. Please review the case, and get back to me if you still feel as though you have a basis to pursue this declaratory judgment action. Specifically, it is improper to use a declaratory judgment action to test your affirmative defense to a potential action. Furthermore, it is improper for a potential defendant to race to the courthouse and file a declaratory judgment action in an effort simply to choose the forum. If you insist on pursing this action, this letter will also serve as notice that I may make a motion to the court for sanctions under Pa.R.C.P. 1023 including attorney's fees and costs. Thank you for your attention to this matter, and I look forward to hearing from you. Sincerely, 4? S /? Chad E. Rankin Encl. Westlaw. 845 A.2d 846 845 A.2d 846, 2004 PA Super 35 (Cite as: 845 A.2d 846) C Briefs and Other Related Documents Superior Court of Pennsylvania. OSRAM SYLVANIA PRODUCTS, INC., Appellant, V. COMSUP COMMODITIES, INC., Appellee. Argued Dec. 9, 2003, Filed Feb. 18, 2004. Background: Defendant in contract dispute filed declaratory judgment action, which sought declaration that no contract existed between the parties or, in the alternative, that any oral contract between parties was barred by statute of frauds, subsequent to plaintiffs filing of lawsuit for breach of same contract in another forum. The Court of Common Pleas, Bradford County, Civil Division, No. O1-EQ-000492, Mott, J., dismissed declaratory judgment action. Defendant seeking declaratory action appealed. Holding: The Superior Court, No. 391 MDA 2003, Klein, J., held that Court of Common Pleas acted within its discretion in declining to exercise jurisdiction over declaratory judgment action. Affirmed. West Headnotes Ill Declaratory Judgment C=4 118Ak4 Most Cited Cases Page I a matter of sound judicial discretion. 42 Pa.C.S.A. § 7537. 121 Declaratory Judgment C'393 118Ak393 Most Cited Cases [2) Declaratory Judgment X394 118Ak394 Most Cited Cases Appellate court's scope of review in a declaratory judgment action is limited to determining whether the trial court committed an abuse of discretion or error of law. [31 Declaratory Judgment X68 118Ak68 Most Cited Cases Declaratory relief should be withheld when the request for relief is an attempt to adjudicate the validity of a defense to a potential future lawsuit. [41 Venue C?24 401k24 Most Cited Cases Pennsylvania law clearly gives great weight to the plaintiffs choice of forum. 151 Declaratory Judgment X45 118Ak45 Most Cited Cases Trial court acted within its discretion in declining to exercise jurisdiction over declaratory judgment action filed by defendant in contract dispute, which sought declaration that no contract existed between the parties or, in the alternative, that any oral contract between parties was barred by statute of frauds, where plaintiff had previously filed lawsuit in another forum for breach of same contract; declaratory action was tactical maneuver designed to test validity of defense to future lawsuit and to deprive plaintiff of choice of forum. 42 Pa.C.S.A. § 7537, I1) Declaratory Judgment X5.1 118Ak5.1 Most Cited Cases A declaratory judgment is not obtainable as a matter of right; whether a trial court should exercise jurisdiction over a declaratory judgment action is [61 Declaratory Judgment C'2 I I8Ak2 Most Cited Cases The purpose of a declaratory judgment action is to afford relief from uncertainty and insecurity with C 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works, http://print.westlaw.com/delivery.html?dest=atp&forTnat=HTMLE&dataid=B 0055800000... 06/09/2005 845 A.2d 846 845 A.2d 846, 2004 PA Super 35 (Cite as: 845 A.2d 846) respect to legal rights, status, and relations; it is not meant to be a vehicle by which a defendant may usurp the plaintiffs right to select jurisdiction. 171 Declaratory Judgment C?2 I I8Ak2 Most Cited Cases The prime purpose of the Declaratory Judgment Act is to speedily determine issues that would be delayed, to the possible injury of those interested, if they were compelled to wait the ordinary course of judicial proceedings. 42 Pa.C.S.A. § 7537. 181 Declaratory Judgment X5.1 118Ak5.1 Most Cited Cases It is within the trial court's discretion to determine whether a declaratory judgment action would assist in resolving the issues between the parties. *847 Nicholas M. Centrella, Philadelphia, for appellant. David R. Fine, Harrisburg, for appellee. discretion. [FNI) $ 2 In dismissing the Bradford County action, the trial judge, John C. Mott, relied on alternate grounds and declined to exercise jurisdiction over the declaratory judgment action. First, Judge Mott held that he should not entertain a declaratory judgment action because another action is pending in California in which the same issues may be adequately adjudicated. Second (and the reason on which we base our affirmance), he found that the relief ought was in effect a declaration that OSRAM had a valid defence to the California contract action. We affirm. [1][2] $ 3 A-Aeclaratorv iudement is not obtainable as a matter of right. Whether a trial court sou exercise jurisdiction over a eclaratory Iu lament ac ton sound judicial screhon. American Nuclear Insurers v. etrohT? Edison Co., 399 Pa.Super. 375, 582 A.2d 390, 393 (1990); see 42 Pa.C.S.A, § 7537. Judge Mott found that OSRAM"s filing of the deciaratorv Before: KLEIN, BENDER and OLSZEWSKL JJ. KLEIN, J. ¶ 1 OSRAM Sylvania Products, Inc. appeals from the order of the Court of Common *848 Pleas of Bradford County, dismissing a declaratory judgment action. The underlying issue in this case is Comsup Commodities, Inc. 's claim that OSRAM reneged on an oral agreement to purchase approximately $13 million worth of tungsten from Comsup. OSRAM denies there was any oral contract and further claims that even if there were an oral contract, it is unenforceable. Initially, Comsup filed an action in California state court against OSRAM for breach of contract. One month later, OSRAM filed the instant action in Bradford County, Pennsylvania, seeking a declaration that no contract exists between OSRAM and Comsup or, in the alternative, that any oral contract is barred by the statute of frauds. The California court found that it had personal jurisdiction but stayed its action under the doctrine of forum non conveniens on the condition that OSRAM submit to jurisdiction in Pennsylvania. Page 2 efore, he declined to find no abuse of FNI. Our scope of review in a declaratory judgment action is limited to determining whether the trial court committed an abuse of discretion or error of law. Chambers v Aetna Cos. & Surety Co., 442 Pa.Super. 155, 658 A.2d 1346, 1347 (1995); American Nuclear Insurers, supra. [3] $ 4 We agree with the following statement of Judi We should also decline jurisdiction because it appears that [OSRAM] filed this action and its motion in the California Action, as tactical maneuvers designed to force Comsup to litigate any claim not just in Pennsylvania, but here in Bradford County, and thereby circumvent Pennsvlvania law that normally allows the Pla;ntiff the choicc of forum. Fu ore declanto r f_...should..-_be withheld when t e rem.e?r £ . relief is an attempt © 2005 Thomson/West. No Claim to Ong. U.S. Govt. Works. http://print.westlaw.comldelivery.hlml?dest=atp&format=HTMLE&dataid=BO055800000... 06/09/2005 845 A.2d 846 845 A.2d 846, 2004 PA Super 35 (Cite as: 845 A.2d 846) to adjudicate the validity of a defense to a potenta Tfr Com., Dept. o men i e? ervices v. Frank Briscoe Company, Inc., 502 Pa. 449, 459, 466 A.2d 1336, 1341 (1983). That, in essence, is what [OSRAM] is seeking here. The fact that it did so after a law suit had been initiated in another state, rather than solving that problem, further aggravates the problem, as we have discussed above. In addition, if the California Action is dismissed, [OSRAM]'s action here would be seeking to accomplish exactly what Com. Dept. of General Services v. Frank Briscoe Company, Inc., supra, specifically cautions courts to avoid. *849 Therefore, we decline to exercise jurisdiction over this action. [OSRAM] should simply raise its defense in the California Action, or, if that action is dismissed, it sho ly r? ? when and if Comsup sues it on the alleged contract in a court with appropriate jurisdiction and venue. (Trial Court Op., 1/30/03, at 4-5.) ¶ 5 It very well may be that the California court was accurate in noting that California is an inconvenient forum and it is better that the action be heard in Pennsylvania. That is what happens when forum non conveniens is raised. ver, the norma proce ure is for the plaintiff to refit a more convem?lr jurisdiction. not for the defendant to jump into court and pick its own venue by filing a declaratory judgment action, which is what OSRAM did here. In fact, once the Bradford County action was dismissed, Comsup did file an action against OSRAM in Pennsylvania, but in Philadelphia County. [4] ¶ 6 As Judge Mott recognized in his Pa.R.A.P.1925(a) opinion, Pennsylvania law clearly gives great weight to the plaintiffs choice of forum. See Cheeseman v. Lethal Exterminator, Inc., 549 Pa. 200, 701 A.2d 15 199 Humes v. Eckerd Corp., 807 A.2d 290 (Pa.Super.2002). Judge Mott found that "[OSRAM] was clearly attempting to tactically maneuver [Comsup] into litigating this matter not only in Pennsylvania, but in Bradford County, Pennsylvania, [OSRAM]'s choice of forum." (Trial Court Op., 3/25/03, at 2.) We agree that this was improper. [5][6] ¶ 7 action contract Page 3 and declaratory judgment action. The purpose of a declaratory Ju gment action " 'is to afford relief from uncertainty and insecurity with respect to legal rights, status and other relations.' " Keystone Aerial Surveys, Inc. v. Pa. Prop. & Cas. Ins. Guar. Assn, 777 A.2d 84, 88 (Pa.Super.2001) (citation omitted), affd, 574 Pa. 147, 829 A.2d 297 (2003); see 42 Pa.C.S.A. § 7541. It is not meant to be a vehichhv which a defendant may usurp the plaintiffs right to select iurisdiction. ¶ 8 Here, OSRAM was not actually seeking clarification with respect to its legal rights, status, or other legal relationships. As determined by Judge Mott, OSRAM was forum-shopping and trying to preempt Comsup's right to file a lawsuit. OSRAM placed before the Bradford County court the exact issues Comsup sought adjudicated, as the issue of breach necessarily involves the determination of the existence of a contract. OSRAM is no more entitled to do this via declaratory judgment than it is via the filing of any other duplicative lawsuit. [7] ¶ 9 The prime purpose of the Declaratory Judgment Act is to speedily determine issues that "would ... be delayed, to the possible injury of those interested if they were compelled to wait the ordinary course of judicial proceedings." Grambo v. South Side Bank & Trust Co., 141 Pa.Super. 176, 14 A.2d 925, 927 (1940). The Act never set up a procedure where defendants could so easily bypass a plaintiffs chosen fouun as attempted in this case. ¶ 10 A declaratory judgment proceeding is one in equity. It is true that no hard and fast rules should be established where a trial court automatically dismisses a declaratory judgment action just because it is commenced "in anticipation © 2005 Thomsom'West. No Claim to Orig. U.S. Govt. Works. http://print.westlaw. comldelivery.html?dest=atp&format=HTMLE&dataid=BO05580000O... 06/09/2005 845 A.2d 846 845 A.2d 846, 2004 PA Super 35 (Cite as: 845 A.2d 846) of litigation." Situations can easily be envisioned where a *850 declaratory judgment action that is commenced "in anticipation" of a future lawsuit serves the purposes of the Declaratory Judgment Act. ¶ 11 However, this is clearly not one of those situations. The parties have been in litigation over the supposed contract for more than two years; ' a QSKAM-never that it was enny continuing harm that nee n h redressed qui M's declaratory judgment action 6nly sought to adjudicate defenses it had to Comsup's original claims and, far from OSRAM commencing this declaratory judgment action "in anticipation" of future litigation, Comsup had already commenced suit against OSRAM before OSRAM filed the declaratory judgment action. Page 4 • 2003 WL 23975025 (Appellate Brief) Reply Brief for Appellant Osram Sylvania Products, Inc. (Sep. 19, 2003) • 2003 WL 23975024 (Appellate Brief) Brief for Appellee (Sep. 03, 2003) • 2003 WL 23975026 (Appellate Brief) Brief for Appellant Osmm Sylvania Products, Inc. (Aug. 04, 2003) END OF DOCUMENT [8] ¶ 12 It is within the trial court's discretion to determine whether a declaratory judgment action would assist in resolving the issues between the parties. See American Nuclear Insurers, supra; 42 Pa C.S.A. § 7537. As Judge Mott pointed out, not only would a declaratory judgment action not solve the problem in this case, it would aggravate it. Therefore, Judge Mott properly dismissed the. declaratory judgment action. [FN2] FN2. We do not reach the issue of what effect the California lawsuit has on the propriety of a declaratory judgment action in general. Nor do we express any opinion on whether Philadelphia County is an appropriate forum within Pennsylvania. We note, however, that on December 18, 2003, the trial court in the Philadelphia action denied OSRAM's petition to transfer on the basis of forum non conveniens. ¶ 13 Order affirmed. 845 A.2d 846, 2004 PA Super 35 Briefs and Other Related Documents (Back to top) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. http://print.westlaw.comldelivery.html?dest=atp&fonnat=HTMLE&dataid=B00S 5800000... 06/09/2005 ?,rh v DAWN & ASSOCIATES REALTY, LLC., Plaintiff vs. CHAD E. RANKIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2823 CIVIL IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT BEFORE HESS AND OLER, J.J. ORDER AND NOW, this Sr clay of December, 2005, the court agreeing with the defendant that declaratory relief should be withheld when the request for relief is an attempt to adjudicate the validity of a defense to a potential future law suit and that a declaratory judgment action is not meant to be a vehicle by which a defendant may usurp the plaintiff s right to select a forum, and it further appearing that there is an action pending in Lancaster County between the same parties and arising from the same transaction, the preliminary objections of the defendant are SUSTAINED and the captioned action is DISMISSED. See Osram Sylvania Products, Inc. v. Comsup Commodities, Inc., 845 A.2d 846, 848 (Pa.Super. 2004). BY THE COURT, Hillary A. Dean, Esquire Carl C. Risch, Esquire For the Plaintiff Chad E. Rankin, Esquire Defendant ?1-??? MARTSON DEARDORFF WILLIAMS & OTTO MDW O INFORMATION • ADVICE • ADVOCACY 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com December 1, 2005 VIA FACSIMILE (717-431-3093) AND U.S. MAIL Michael P. McDonald, Esquire McDonald At Law 2173 Embassy Drive Lancaster, PA 17603 ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARTsoN JOHN B. FOWLER III DANIEL K. DEARDORFF THOMAS J. WILLIAMS* NO V. OTTO III GEORGE B. FALLER JR.* CARL C. RISCH DAVID A. FITZSIMONS CHRISTOPHER E. RICE JENNIFER L. SPEARS HILLARY A. DEAN HOARD CERTIPIFD CIVIL TRIAL SPECIALIST RE: Chad Rankin v. Dawn Shughart, Docket No.: CV-0000511-05 Our File No.: 11018.21 Dear Mr. McDonald: This letter is to notify you that a13 attorney in your firm has filed a lawsuit in the Magisterial District Court in Lancaster which is in violation of Pa.R.C.P. 1023.1(c)(1) and (2). We represent Dawn Shughart in this matter. Ms. Shughart filed an action in Declaratory Judgment against attorney Chad Rankin in the Cumberland County Court of Common Pleas on May 31, 2005. On October 20, 2005, Mr. Rankin filed the above suit in Lancaster with full knowledge that it involves the same cause of action currently under litigation in Cumberland County. The suit filed in the Magisterial District Court is not warranted by existing law and is frivolous. As you know, PaR.C.P. 1028(a)(6) allows a party to preliminarily object to a pleading due to the pendency of a prier action. A Plaintiff cannot "race to the courthouse" in a parTicuiar Magisterial District or county of his choice when the action he seeks to pursue is currently under litigation in another jurisdiction. Mr. Rankin's actions as defendant/attomey in this case bring your law firm in violation of Pa.R.C.P. 1023.1(c)(2), as it is clear that such action is not warranted by existing law (See attached Exhibit "A," in which your firm's letterhead is used in a subpoena request). We ask that you withdraw the suit filed in the Magisterial District Court in Lancaster. Should you refuse, we see no other alternative but to file the appropriate motion for sanctions and seek attorney's fees in this matter. Further, we wanted to mention that Mr. Rankin sent a demand letter to Ms. Shughart, which demanded attorney's fees (See Exhibit "B," attorney Rankin's demand letter). However, there was no written fee agreement given to Ms. Shughart. In fact, she does not believe she ever entered into an attorney-client relationship with Mr. Rankin. Such action is a serious violation of the Rules of INFORMATION • ADVICE • ADVOCACY SM Professional Conduct. We have advised Ms. Shughart, and she wishes to take the appropriate action with the Supreme Court of Pennsylvania Attorney Disciplinary Board. At this time, we demand that the Lancaster action be withdrawn no later than Monday, December 5`h, 2005, at noon. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Hillary A. an Enclosures cc: Ms. Dawn Shughart F:\FlLES\DATAFILE\Gcnerel\Curtrnt\1101821.u 1 INFORMATION • AD V ICH • ADVOCACY SM D ?X, ;NA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Lancaster 02-2-03 MDJ Name: Hon. Mary Mongiovi-Sponaugle Add,eae: 1351 Elm Avenue Lancaster. Pa 17603 Teaphone: (717)299-7898 AMOUNT DATE PAID FILING COSTS $ POSTAGE $ 100 SERVICE COSTS $ CONSTABLE ED. $ ! l? TOTAL $ ( ` d l UJ p? CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS r - Chad E. Rankin 519 State St. Lancaster. Pa 17603 I DEFENDANT: NAME nd ADDRESS r Dawn Shughart 950 Walnut Bottom Road Suite 16 Carlisle, Pa 17013 VS. Docket No.: ?-511???? Date Filed: C7 oS Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party 7 I TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for 5372,24 together with costs upon the following claim (Civil fines must Include citation of the statute or ordinance violated): The Plaintiff and Defendant entered into an oral agreement to start a title company. The Defendant understood that in order to start the title company, the Plaintiff would have to leave his job and start his own law practice. The Defendant also understood that the Plaintiff could not sustain his own law practice without the business from the title company. The agreement between the parties induced the Plaintiff to start his own law practice and to create and register the title company. The Plaintiff incurred $5,372.24 in expenses to start his own law firm and to provide legal work to form the title company. A few months after the parties agreed to form the title company and the Plaintiff started his own law practice, the Defendant backed out of the deal. The Plaintiff seeks damages under the theories of breach of contract, promissory estoppel, and/or unjust enrichment. 1, Chad E. Rankin verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. (signature o ant or ut for zed gent) Plaintiff s Attorney: Chad E. Rankin Address: 2173 Embassy Drive Telephone: (717)431-3093 Lancaster, Pa 17603 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT, If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 COMMONWEALTH OF PENNSYLVANIA RECEIPT OF PAYMENT "(:nl INTV nF• LANCASTER 02-2-03 MOJ Name: Hon. MARY MONGIOVI SPONAUGLE Address 1351 ELM AVENUE LANCASTER, PA Tafeph e: (717) 299-7898 17603-4632 REMITTER : CHAD E. RANKIN 519 STATE ST LANCASTER, PA 17603 PLAINTIFF: NAME and ADDRESS CHAD E IRANKIN , 519 STATE ST LANCASTER, PA 17603 L J VS. DEFENDANT: NAME and ADDRESS rSHUGHART, DAWN ? 950 WALNUT BOTTOM RD #16 CARLISLE, PA 17013 L Docket No.: CV-0000511-05 Date Filed: 10/20/05 RECEIPT NO: 109617 DATE: 11/04/05 PAGE: 1 SOURCE: PAID BY MAIL AMOUNT RECEIVED: $ 33.02 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 33.02 CHECK#: 01247 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATION#: NEXT PAYMENT AMOUNT : COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: ESCROW DESCRIPTION COLLATERAL TOTAL CURRENT BALANCE DUE RECVD FROM RANKIN, CHAD E MM THANK YOU! BALANCE FWD 50.00- 50.00- .00 AMT APPLIED 33.02- -------------- -------------- 33.02- CURRENT HAL 83.02- -------------- -------------- 83.02- DATE PRINTED: 11/04/05 13:24:05 PM AOPC 450-99 _, Chad E. Rankin, Attorney at Law Attorney ID# 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff V. CIVIL ACTION IN DECLARATORY JUDGMENT CHAD E. RANKIN, Defendant Praecipe to Withdraw Defendant's Motion for Sanctions under Pa.R.C.P. 1023.1 AND NOW, comes the Defendant and respectfully requests that the Defendant's Motion for Sanctions under Pa.R.C.P. 1023.1 be withdrawn from consideration. Dated: March 1, 2006 RESPECTFULLY SUBMITTED: Chad E. Rankin, Esquire MCDONALD AT LAW 2173 Embassy Drive Lancaster, Pa 17603 (717)431-3093 Attorney I.D. 487896 -? ? -a -i ,..7 ?- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 DAWN SHUGHART, Plaintiffs CHAD E. RANKIN, V. Civil Action in Declaratory Judgment Defendant Certificate of Service AND NOW, this 1 st day of March, 2006, I, Chad E. Rankin, hereby certify that I have this date served a copy of the Praecipe to Withdraw Defendant's Motion for Sanctions under Pa.R.C.P. 1023.1 by First Class U.S. Mail, postage prepaid on: Carl C. Risch, Esquire MARTSON DEARFORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pa 17013 Chad E. Rankin, Esquire Attorney I.D. # 87896 2173 Embassy Drive Lancaster, Pa 17603 (717) 431-3093 ?... ? ?. { '; Q.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN & ASSOCIATES REALTY, LLC, No. 05-2823 Plaintiff V. CIVIL ACTION IN DECLARATORY JUDGMENT CHAD E. RANKIN, Defendant ORDER AND NOW, AIVein c zo c- upon consideration of the foregoing motion, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested; (2) the respondent shall file an answer to the motion within Zo days of this date; (3) the motion shall be decided under Pa. R.C.P. No. 206.7; (4) depositions shall be complete within 0 days of this date; (5) argument shall be held on 1 Y?Zr,,?n Courtroom/ of the Cumberland County Courthou ; and (6) notice of entry of this order shall be provided to all parties by the moving party. By the ourt J fit t i ._ .. ?_ .... ''._. .. i,......i Curtis R. Long Prothonotary office of the protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OJ -282A CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573