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HomeMy WebLinkAbout06-0622 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 06 - w.~ C;uL~02-vYI Debra K. Falls, Plaintiff vs. Gordon D. Myers, Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET I,EGAL HEI,P. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (800) 990-9108 JURY TRIAL DEMANDED A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte pOT escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defienda, e\ caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE FERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL Lawyer Reterral Service Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania \ 70 13 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Debra K. Falls, No.: O/..., -t,;l,A.. Ct'(J; L Itfl-""'\ Plaintiff vs. JURY TRIAL DEMANDED Gordon D. Myers, Defendant COMPLAINT IN EOUITY AND NOW, TO WIT, this 30th day of January, 2006, comes the Plaintiff, DebraK. Falls, by her attorneys, Charles B. Calkins, Esquire, and Kristi A. Gohn, Esquire, and GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, and does file this Complaint, a statement of which is as follows: 1. Plaintiff, Debra K. Falls, is an adult individual residing at 613 W. Chocolate Avenue, Rear, Hershey, Pennsylvania, 17033. 2. Defendant, Gordon D. Myers, is an adult individual residing at 25 Eastgate Drive, Camp Hill, Pennsylvania, 17011-1311. 3. Plaintiff and Defendant are the registered owners of a certain 2002 Harley Davidson Motorcycle, Vehicle Identification no. IHDlJABIX2Y033992. 4. Plaintiff and Defendant acquired title to the 2002 Harley Davidson Motorcycle, Title No. 57517590801FA on or about June 1,2002. 5. The first lien in favor of Harley Davidson Credit was satisfied and released on December 17, 2003. 6. No person other than the parties to this suit have any interest in the property which is presently in the possession of Defendant's son. 7. No partition or division of the property has ever been made, although Plaintiffhas requested that Defendant remove his name from the title as he has not contributed financially to the purchase of said property. WHEREFORE, Plaintiff demands that the Court order Defendant to sign off the title or, in the alternative, order partition ofthe personal property with a ninety percent (90%) share awarded to Plaintiff and a ten percent (10%) share to Defendant and such other and further relief be granted as Court deems proper. Respectfully submitted, Dated: January 30,2006 AN, By: Char es . aikins, squire Attorney I.D. No. 36208 By: ~a.L {i~:~f KristV . Gohn, Esquire S.C.I.D. No. 84738 110 S. Northern Way York, Pennsylvania 17402 (717) 757-7602 (Attorneys for Plaintiff, Debra K. Falls) , . '''. . . VERIFICATION I, Debra K. Falls, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. ~ 4904 related to unsworn falsifications to authorities. Dated: /{l-/p -05 {).J.~ K~M-- Debra K. Palls PIh - 12/1105 - F:\wpdoclKag\falls\ComplaintlnEquity.doc D -to.. l) 'J'.. tg \:L ~ L( -- ~ ~ "-.) 0 W )..J -U ~ ~ P- C> ~ --J:: o c;; ,..., ,...::.,':1 c:-:::J <.',:;;.... o -r' _-1 frlfJ. 8 -('If1 ' ":be? '<lh V) -::".J --y, ~-~,?;' N ~ o '- :.;y x ,-^> SHERIFF'S RETURN - REGULAR CASE NO: 2006-00622 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FALLS DEBRA K VS MYERS GORDON D MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon MYERS GORDON D the DEFENDANT , at 2046:00 HOURS, on the 2nd day of February, 2006 at 25 EASTGATE DRIVE CAMP HILL, PA 17011-1311 by handing to GORDON MYERS a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 12.32 .39 10.00 ,00 40.71 r'~~ R. Thomas Kline 02/03/2006 GRIFFITH STRICKLER Sworn and Subscribed to before By: _ --- ERMAN SO~ iff me this 'fi, 7~ day of .D, :.. THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@.comcast.net Attorney for Defendant DEBRA K. FALLS Plaintiff, vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2006-622 GORDON D. MYERS Defendant. : CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Defendant, Gordon D. Myers, in connection with the above-captioned action. Respectfully Submitted, '--------( .... ....~ ...----) ~---~:;-.-/ By( . '-.,</- ~ B. Kope, Esquire ID#92~ 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: February 24, 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant DEBRA K. FALLS Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. : NO. 2006-622 GORDON D. MYERS Defendant. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 24th day of February, 2006, I served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Kristi A. Gohn, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 THE ~~G: ~. KOPE BY:~~--- Shal'leJLKope, Eh I.D. 92207H-- 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant r',,::> f<; C - ., {." KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@.comcast.net Attorney for Defendant DEBRA K. FALLS Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO. 2006-622 GORDON D. MYERS Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD To: Debra K. Falls c/o Kristi A. Gohn, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. KOPE & ASSOCIATES ~ By: pe, Esq. Date: March 9, 2006 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 DEBRA K. FALLS Plaintiff, GORDON D. MYERS Defendant. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 DEBRA K. FALLS Plaintiff, GORDON D. MYERS Defendant. JURY TRIAL DEMANDED ANSWER TO COMPLAINT IN EQUITY AND NOW comes the Defendant, Gordon D. Myers, by and through his attorney, Shane B. Kope, Esq., and files the following Answer with New Matter and Counterclaim to the Plaintiff's Complaint in Equity and in support thereof avers the following: 1. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of such averments. The averments are therefore denied and proof thereof demanded, if relevant. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, the lien of Harley Davidson Credit was released when payment was made by Stephen C. Myers. 6. Denied. Plaintiff and Defendant served as facilitators for the purchase of said motorcycle, which was acquired and paid for with the assets and monies of Defendant's son, Stephen C. Myers. It is further denied that defendant's son, Stephen C. Myers, is in possession of the subject motorcycle. 7. Admitted in part and denied in part. The Defendant does not dispute that no partition or division of the property has ever been made; the Defendant denies, however, that Plaintiff has requested that Defendant remove his name from the title for his lack of financial contribution. WHEREFORE, Defendant (1) respectfully requests this Honorable Court to dismiss Plaintiff's claim; and (2) demands judgment against Plaintiff for costs of this action, including attorney's fees, and such other relief as the Court finds appropriate. NEW MATTER 8. The trade-in value of a 2001 Harley Davidson motorcycle that belonged to Defendant's son, Stephen C. Myers, constituted the majority of the purchase price for the subject motorcycle; the remaining amount was financed by Defendant's son, Stephen C. Myers. 9. The amount financed for the purchase price of the subject motorcycle was ultimately paid for, including principal and interest, by Defendant's son, Stephen C. Myers. COUNTERCLAIM 10. The responses in Paragraphs 1 through 7 and the New Matter contained in Paragraphs 8 through 9 are incorporated herein by reference as if set forth in full. Page 2 of3 11. The Plaintiff has not contributed financially to the purchase of the subject motorcycle and has only acted as facilitator for the purchase of the subject motorcycle by Defendant's son, Stephen C. Myers; accordingly, the Plaintiff has contributed nothing more then her signature to the acquisition of the motorcycle. WHEREFORE, the Defendant, Gordon D. Myers, demands the. Court order the Plaintiff to sign off the title of the subject motorcycle so that the Defendant may transfer the same to his son. Respectfully Submitted, B K- K - Date: March 9, 2006 , Esq. Page 3 of3 VERIFICATION I, Gordon D. Myers, Defendant in this matter, verify that the statements made in the foregoing Answer, New Matter and Counterclaim to Plaintiff's Complaint in Equity are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. .~b~ Gordon D. Myers Date: March 9, 2006 CERTIFICATE OF SERVICE I, Shane B. Kope, Esq., do hereby certify that on this 9th day of March, 2006, I served a true and correct copy of the foregoing Answer, New Matter and Counterclaim to Plaintiff's Complaint by depositing the same in the United States Mail, first class, postage pre-paid, addressed as follows: Kristi A. Gohn, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 (Attorney for Plaintiff) KOPE ---- By: ) -~ ~~ Ko e, ~q. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DEBRA K. FALLS, Plaintiff, No. 2006-622 v. CIVIL ACTION - REPLEVIN GORDON MYERS, JURY TRIAL DEMANDED Defendants. REPLY TO DEFENDANT'S NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW . h' h lilli, , to WIt, t IS t e ./ day of (,Vu'''- 2006, comes Plaintiff, Debra K. Falls, by and through her attorneys, Charles B. Calkins, Esquire, and Kristi A. Gohu, Esquire and GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS and files the following Reply to Defendant's New Matter and Answer to Counterclaim. NEW MATTER 8. Denied. It is specifically denied that a 2001 Harley Davidson motorcycle that "belonged" to Defendant's son, Stephen C. Myers, was traded in for the purchase of the subject motorcycle. It is further specifically denied that the remaining amount due following the trade-in of the 2001 Harley Davidson motorcycle was financed by Defendant's son, Stephen C. Myers. To the contrary a 2001 Harley Davidson motorcycle titled to the Plaintiff was traded in for the purchase of the subject motorcycle and the remaining amount was financed by Plaintiff as previously described in Plaintiffs Complaint, and strict proof to the contrary is hereby demanded. 9. Denied. It is specifically denied that the amount financed for the purchase price of the subject motorcycle was paid for including principal and interest by Defendant's son, Stephen C. Myers, and proofthere of is demanded at trial. WHEREFORE, Plaintiff, Debra K. Falls, respectfully request this Honorable Court to enter judgment in her favor and against Defendant, Gordon D. Myers, and order Defendant to sign off the title or in the alternative order partitioning of the personal property with a ninety percent (90%) share awarded to Plaintiff and a ten percent (10%) share to Defendant and such other and further relief be granted as this court deems proper. COUNTERCLAIM 10. Plaintiff incorporates herein her Complaint and Reply to New Matter by reference as if fully set forth at length. 11. Denied. It is specifically denied that Plaintiff has not contributed financially to the purchase of the subject motorcycle and has only acted as a facilitator to the purchase of the subject motorcycle. By way of further answer Defendant's son, Stephen C. Myers, is not a party to this action nor does he have any legal interest in the subject motorcycle and strict proof to the contrary is hereby demanded. WHEREFORE, Plaintiff, Debra K. Falls, respectfully request this Honorable Court to enter judgment in her favor and against Defendant, Gordon D. Myers, and order Defendant to sign off the title, or in the alternative, order partition of the personal property with a ninety percent (90%) share awarded to Plaintiff and a ten percent (10%) share to Defendant and such other and further relief be granted as this court deems proper. Respectfully Submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS / I( ~~ARli~0~~ g~~~s, ESQUIRE Supreme Court ID No. 36208 KRISTI A. GOHN, ESQUIRE Supreme Court ID No. 84738 Attorneys for Plaintiff, Debra K. Falls 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, No. 2006-622 Plaintiff, v. CIVIL ACTION - REPLEVIN GORDON MYERS, JURY TRIAL DEMANDED Defendants. VERIFICATION I verify the foregoing facts are true and correct, upon my personal knowledge or information and belief This verification is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: l.tl1cvd, .J.~ :Jl;00 {J~~ i! ~ Debra K. Falls IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, No. 2006-622 Plaintiff, v. CIVIL ACTION - REPLEVIN GORDON MYERS, JURY TRIAL DEMANDED Defendants. CERTIFICATE OF SERVICE AND NOW, this )1 {~ay of i\~u LI- ,2006, I, Kristi A. Gohu, Esquire a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Reply to Defendant's New Matter and Answer to Counterclaim as indicated below, addressed to the attorney of record as follows: Shane B. Kope, Esquire Kope & Associates 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: r//"I~': :)tJL-- CHARLES B. CALKINS, ESQUIRE Supreme Court ID No. 36208 KRISTI A. GOHN, ESQUIRE Supreme Court ID No. 84738 Attorney for Plaintiff, Debra K. Falls 110 South Northern Way York, Pennsylvania 17402-3737 (717) 757-7602 .-."1 . ,-~) -';" .-~ ".' c..J _r; (.~ ') r-'~) ~ - ------ II BRW< J. GAu ArrORNI"'" &: (;0,-,"""1.0R ....T 1...." 1Q.3 Jc-:'ST ElRINKT.RSmEn o.'Nl>10R~. PF..I>.",,,,n.,'SlA If!i\12 . MASON-NORTON COMPANY, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA VS. PACE CONSTRUCTION MANAGERS, INC., : CIVIL ACTION - LAW DEFENDANT : NO. 06-662 CIVIL TERM ............................................................................................................. ............................................................................................................. ANSWER NOW COMES, the Defendant, Pace Construction Managers, Inc.. by and through its Attorney, Brian J. Cali, Esquire and files the following Answer: 1. Admitted. 2. Admitted. 3. Neither admitted nor denied. The contracts, quotations and change orders entered into between Plaintiff and Defendant speak for themselves. 4. Neither admitted nor denied. The averments contained in said paragraph are conclusions of law to which no response is deemed required. In the event a response is deemed required, said averments are specifically denied and strict proof is demanded at the time of the trial of this matter. 5. Admitted and Denied. It is admitted that Plaintiff shipped, delivered and installed various items, however, it is specifically denied that final payment is due and owing to Plaintiff in that Plaintiff failed and continues to fail to provide the documentation requisite to receive payment. By way of further II BRlAN J. CAll !\TTOR>,',;Y &. r ,oI..'I';,;f;I.OR AT I...". 100')EA."TlJm.N!{l':RS11'<F:l'CT OI.':'.'MORf:.I'f:N:.<.'>"YI""'''.... 18;')12 -. answer, Plaintiff's product and workmanship has not been accepted by the owner and various wall pads supplied and installed by Plaintiff are alleged to be improper and not in accordance with contract specifications. 6. Neither admitted nor denied. The invoices attached to Plaintiff's Complaint speak for themselves. 7. Admitted and denied. It is admitted that Defendant made a partial payment. It is denied that the balance of $10,523.80 is due and owing to the Plaintiff in that Plaintiff failed and continues to fail to provide the documentation requisite to receive payment. By way of further answer, Plaintiff's product and workmanship has not been accepted by the owner and various wall pads supplied and installed by Plaintiff are alleged to be improper and not in accordance with contract specifications. 8. Denied. The terms and conditions of the contract speak for themselves. The remaining averments are conclusions of law to which no response is deemed required. In the event a response is deemed required, said averments are specifically denied and strict proof is demanded at the time of the trial of this matter. 9. Denied. It is denied that despite demand Defendant has failed to pay the balance owed. By way of further answer, it is denied that the unpaid balance as alleged in Plaintiff's complaint is due and owing in that Plaintiff failed and continues to fail to provide the documentation requisite to receive payment. By way of further answer, Plaintiff's product and workmanship has not been accepted by the owner and various wall pads supplied and installed by Plaintiff BroAN J. CAlJ ArI'ORNF:Y &. CO\~''''f''.oR AT Lo"" IO.'lu..'<TORINKF:RSTREET Dl)~'MORF..~,,,Y[v"-"lAlflI';12 II ~ , . are alleged to be improper and not in accordance with contract specifications. WHEREFORE, the Defendant, Pace Construction Managers, Inc., requests this Honorable Court to dismiss the Plaintiff's Complaint and to enter Judgment in favor of the Defendant. BRIA " All, ESQUIRE Attorney for Defendant 103 East Drinker Street Dunmore, PA 18512 (570) 344-2029 ID#26069 The undersigned officer of PACE CONhRUCTION MANAGERS, INC" for and on behalf of said corporation hereby V~ifies that the statements made in ' the attlllched pleading are true and correct. I understand that false statements herein are made subject to the penalties 0 18 Pa. C,S. S4904 related to unswo"n falsification to authorities. Date:.3 /2710<&. BY: l3Rt...",..I. C'",u ~~"'''~''''''''''''',Q/'l'''TJ.,.o.I IO:)~'t'~~ ....~.~_...I..~I~ II BRIAN ,J. CAu A~&('..Dl"'SEI..oR,"Tl..." (00 EA."", ~\\F.R STI\l'_= Dlw:.tOAF:, f"F:"'NS'onw.w. 18512 ~ MASON-NORTON COMPANY, INC., PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA VS. PACE CONSTRUCTION MANAGERS, INC., DEFENDANT : CIVIL ACTION - LAW ............................................................................................................. : NO. 06-662 CIVIL TERM ............................................................................................................. CERTIFICATE OF SERVICE 91+/ day OfJjj) 1 \' t \ ,2006, I hereby certify that NOW, this I served a true and correct copy of the Defendant's Answer on the following, by forwarding such via United States Mail - First Class Mail, addressed as follows: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1 71 9 North Front Street Harrisburg, PA 17102 BRIA J CA ESQUIRE Attorney for Defendant 103 East Drinker Street Dunmore, PA 18512 (570) 344-2029 10#26069 ,-) ='~ ~ ......" :~':' ~~ u -f1 ----f -r i~?, ['-) 0) -~ ,.! f~...." j'...; PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) 'IO THE PIDI'HONJI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next tenn of civil court. x) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption rrust be stated in full) (check one) Debra K. Falls Civil Action - Law Appeal from Arbitration (x ) C;~d 1 AI"H nn IF-qui ty (other) (Plaintiff) vs. Gordon D. Myers The trial list will be called on and Trials commence on ( Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2006-622 Civil Action/Equity 19 2006 Indicate the attorney who will try case for the party who files this praecipe: Kristi A. Gohn, Esquire Indicate trial counsel for other parties if known: Shane B. Kope, Esquire This case is ready for trial. Signed: ~: ~ESqUire Print Narre: Da te: \'v\f~\ ':\ )k:0.o Attorney for: Debra K. Falls (") r; ~,.,.-, -oc: fll rr !;;- .~"" ..c::_ 0-:; 2:i: -,".~ : 5~_: ::;J -, r-.3 = <::::;) c:I"' ::E > -< o -n -I :C""T1 fl1r= -om -on aT '--I~'~ ~.J: ~'-f-1 00 ;'{)-m ~:-l -t>- ':0 =< \D -0 ::il: w c.n DEBRA K. FALLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GORDON D. MYERS, Defendant NO. 06-622 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of May, 2006, a pretrial conference in the above matter is scheduled for Monday, July 24, 2006, at 9:30 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, August 10, 2006, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ti A. Gohn, Esq. 110 S. Northern Way York, PA 17402 Attorney for Plaintiff ~ane B. Kope, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Defendant Court Administrator's Office - ~ ~L .t:) I ~;66 /IV t. E : \ \ \4~ OE ~,V" 9uUZ J..BVl.ONOHl.OBd 3Hl ::10 -\1"'1 ' ,,..., n-::r'\J ::J.J,::::;-"J\...J::l1::J .- DEBRA K. FALLS, IN THE COURT 0F COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION ~ LAW GORDON D. MYERS, Defendant NO. 06-622 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the above-captioned case in the chambers of Judge Oler on July 24, 2006. Present on behalf of the Plaintiff, Debra K. Falls, was Kristi A. Gohn, Esquire; present on behalf of the Defendant, Gordon D. Myers, was Shane B. Kope, Esquire. This is a partition action filed by one legal owner of a certain motorcycle against the other legal owner. It has been stipulated by counsel that the value of the motorcycle as of June 15, 2005, was $13,130.00. This will be a nonjury trial which is expected to last for one-half day. Pursuant to a separate Order of Court, the presently scheduled trial date of August 10, 2006, will be changed at the request of Plaintiff's counsel due to her attachment for another trial to Thursday, October 26, 2006. With respect to settlement negotiations, it does not appear that the case will be settled. At least 5 days prior to the commencement of the trial term, counsel are requested to supply to the Court briefs indicating their positions with respect to the relief which the By the \ Crurt, Court can grant in cases of this type. J. \ i\ '::.. ;~/~ ;.,.l~ ~: ~.! ..:... LL C:, . ,:;) , ., .:".,,) .... Kristi A. Gohn, Esquire 110 S. Northern Way York, PA 17402 For Plaintiff Shane B. Kope, Esquire 4660 Trind1e Road Suite 201 Camp Hill, PA 17011 For Defendant Court Administrator :mae " ,..11. ~ ~.O(, ~~"" . DEBRA K. FALLS, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GORDON D. MYERS, Defendant NO. 06-622 CIVIL TERM IN RE: NON JURY TRIAL DATE CONTINUED ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of an oral motion made by Plaintiff's counsel at the pretrial conference in this case, and without objection on the part of Defendant's counsel, the nonjury trial previously scheduled for Thursday, August 10, 2006, at 9:30 a.m., in this partition case is rescheduled to Thursday, October 26, 2006, at 9:30 a.m. By the Court, Kristi A. Gohn, Esquire 110 S. Northern Way York, PA 17402 For Plaintiff Shane B. Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, PA 17011 For Defendant .~ ~ 1- 2-Y.AJl. CJ.-, Court Administrator :mae '.;-i Eh!:l ~:: I '-'^"- (',-) ..;j' ,.-., ". " >--, .' t. KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY ID 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 Attorney for Defendant DEBRA K. FALLS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-622 GORDON D. MYERS, Defendant. JURY TRIAL DEMANDED MOTION FOR PERMISSIVE JOINDER OF ADDITIONAL DEFENDANT TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: NOW COMES Defendant, Gordon D. Myers, by and through his counsel, Kope & Associates, LLC, and respectfully requests this Honorable Court to join Steven C. Myers as a defendant in this case and in support thereof alleges the following: 1. On or about January 30, 2006, a Complaint in Equity was filed by Debra K. Falls (hereinafter "Plaintiff') against Gordon D. Myers (hereinafter "Defendant"). 2. In the Complaint, Plaintiff alleges that she and Defendant are the registered owners of a 2002 Harley Davidson Motorcycle. 3. Plaintiff further alleges that Defendant made no financial contributions to the purchase of the motorcycle. 4. Plaintiff seeks to have Defendant's name removed from the title or partition of the personal property. . ~ 5. Pennsylvania Rule of Civil Procedure 2229(e), governing permissive joinder of parties, state that "[i]n an action to adjudicate title to or an interest in real or personal property...any person whose claim is adverse to that of the plaintiff may be joined as a defendant." 6. In the present case, Steve Myers, Defendant's son, withdrew approximately $14,000.00 from an IRA account established in his name by Defendant. 7. This money was applied to the purchase of a 2001 Harley Davidson motorcycle, said amount constituting the majority of the purchase price. 8. The remaining purchase price was secured through financing by Plaintiff and Defendant, who acted as co-signor for Steve Myers, because he was unable to obtain financing due to poor credit history . 9. In 2002, Steve Myers traded in the 2001 motorcycle for a 2002 Harley Davidson Motorcycle, said motorcycle the vehicle at issue in the present case. 10. The trade-in value of the 2001 motorcycle constituted the majority of the purchase price for the 2002 motorcycle; however, the remaining amount was financed. 11. As with the 2001 motorcycle, the financing was secured by Plaintiff and Defendant. 12. At all times relevant, Steve Myers made the required monthly payments on both the 2001 motorcycle and the 2002 motorcycle. 13. Accordingly, Steve Myers has a financial and ownership interest in the 2002 motorcycle at issue in this case. 14. Because Steve Myers' interest in the motorcycle is adverse to that of the Plaintiff, Steve Myers should be joined as a defendant in the present case. .... " WHEREFORE, Defendant, Gordon D. Myers, respectfully requests this Honorable Court to join Steve Myers as a defendant in this case. Respectfully Submitted, Dated: August 7, 2006 ,- . . KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY ID 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 Attorney for Defendant DEBRA K. FALLS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. GORDON D. MYERS, Defendant. NO. 2006-622 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jacob M. Jividen, Esquire, hereby certify that on August 9, 2006, I served a copy of the foregoing Motion to Join Additional Defendant by first class, United States Mail addressed to the following: Kristi A. GoOO, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 g s: "U 0) IIln. 7"T .c;;;....,. _.-,.' (h';~_: -< ~-~ !<C) )> --- ZC; o-.n >c z ~ , .. '" ~ ~ c;r. ::boo c: (;"') I \.0 ~ :i!.." n1- -alii j ~ ~ -< -" =-= N h (X) DEBRA K. FALLS, Plaintiff v. GORDON D. MYER , Defendant ", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 06-622 CIVIL TERM ORDER OF COURT AND NOW, t is 14th day of August, 2006, upon consideration of Defendant's Motion for Pennissiv Joinder of Additional Defendant, a Rule is hereby issued upon Plaintiff to show caus why the relief requested should not be granted. RULERET Kristi A. Gohn, Esq. 110 South Northern W y York, PA 17402 Attorney for Plaintiff Shane B. Kope, Esq. 4660 Trindle Road Suite 20 I Camp Hill, PA 17011 Attorney for Defendan :rc ABLE within 20 days of service. BY THE COURT, J. ~-/~-()(P ~ ~ ~ i i I i , I I I ! 1 ~ \ VlNV^lASNN3d "Nnr'(l i1'.i,/.'i-:::i>:!'^'n..... I\.L .....-',_' ,,- ',_ "''''V~ v I I I I , i I +j I : II W\I 91 :JnV 900Z Atfv'10NOHJ.Oi::ld 3H1 :\0 38f:l~o-a311:1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, Plaintiff, NO. 2006-622 v. JURY TRIAL DEMANDED GORDON D. MYERS, Defendant. RESPONSE OF PLAINTIFF. DEBRA K. FALLS TO DEFENDANT'S MOTION FOR PERMISSIVE JOINDER OF ADDITIONAL DEFENDANT NOW COMES Plaintiff, Debra K. Falls, by and through her counsel, Charles B. Calkins, Kristi A. Gohu and the Law Offices of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS and respectfully responds to Defendant's Motion for Permissive Joinder of Additional Defendant, Steven C. Myers. I. Admitted. By way of further response the Complaint speaks for itself. 2. Admitted. By way of further response the Complaint speaks for itself 3. Admitted. By way of further response the Complaint speaks for itself. 4. Admitted. By way of further response the Complaint speaks for itself. 5. Denied. This averment states a conclusion oflaw to which no answer is required. 6. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further response this action does not involve a 2001 Harley Davidson Motorcycle. 8. Denied. It is specifically denied that Plaintiff and Defendant acted as co-signer for Steven Myers. 9. Denied. It is specifically denied that Steven Myers traded in the 2001 motorcycle for a 2002 Motorcycle. 10. Denied. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 11. Denied. The averment in paragraph 11 refers to a written document which speaks for itself. 12. Denied. It is specifically denied that Steven Myers required monthly payments on the 2001 motorcycle and the 2002 motorcycle. 13 Denied. It is specifically denied that Steven Myers has a financial and ownership interest in the 2002 motorcycle. 14. Denied. It is specifically denied that Steven Myers has an interest in the motorcycle and should be joined as a Defendant in the present case. By way of further response, this matter has been pre-tried and scheduled for trial in October. The Permissive Joinder of Steven C. Myers as a Defendant in this case would be prejudicial to Plaintiff at this juncture and would necessitate additional discovery. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendant, Gordon D. Myers' Motion for Permissive Joinder of Additional Defendant Steven Myers, as Defendant Steven Myers has no interest in the motorcycle at issue in this case and the joinder of Steven Myers at this juncture would be prejudicial to Plaintiff. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY ~CtJhi. . KRISTI . HN, ESQUIRE Supreme Court ill No. 84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, Plaintiff, NO. 2006-622 v. JURY TRIAL DEMANDED GORDON D. MYERS, Defendant. CERTIFICATE OF SERVICE AND NOW, this the ~daY of .5lpl- ,2006, I, Kristi A. Gohu, Esquire, member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Response of Plaintiff, Debra K. Falls to Defendant's Motion for Permissive Joinder of Additional Defendant, addressed to the party as follows: Shane B. Kope, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (Attorney for Defendant) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: ~()J:!J&t-- KRISTI . GOHN, ESQUIRE Supreme Court ID No. 84738 Attorney for Plaintiff 110 South Northern Way York, P A 17402-3737 Telephone: (717) 757-7602 . . , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, Plaintiff, NO. 2006-622 v. JURY TRIAL DEMANDED GORDON D. MYERS, Defendant. VERIFICATION I, Kristi A. Oahu, Esquire, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing Response to Motion are true and correct to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. 230 ~4904 relating to unsworn falsification to authorities. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS BY: J~~ KRISTI A. HN, ESQUIRE Supreme Court ID No. 84738 Attorney for Plaintiff 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 o <;.~. .0_. ,..., c~? ~ cr </' ....e....\ '-0 \ 0'" ~!:\ .-'- Q, .-4 :r:-:n Cl.'r--: <1\'11 ."lQ ;-:'~\~\, ,--,'\ ;::,J,r:, _.\\1 'S~ "?1j '':<:; -" ::;; t:? 0) UO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, No. 06-622 Plaintiff, v. CIVIL ACTION - REPLEVIN GORDON D. MYERS, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of David E. Cook, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Plaintiff, Debra K. Falls, in the above- captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ---------- --- ~ - --- By:":'- -- --' DAVID E. COOK, ESQUIRE Supreme Court ID No. 78318 Attorney for Plaintiff, Debra K. Falls 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Dated: (':t4..,.. h , 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, No. 06-622 Plaintiff, v. CIVIL ACTION - REPLEVIN GORDON D. MYERS, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of October, 2006, I, David E. Cook, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance, by United States Mail, addressed to the party or attorney of record as follows: Shane B, Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, P A 17011 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS ~~-- DAVID E. COOK, ESQUIRE Supreme Court ID No. 78318 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 ~ 9 ~7 ~'':';~- i,"t. ~ C> c:.:r"" <:::) C'*) __1 - n 11 ,-\ :r: -r. rl1P': ~1tC~] ~~~:~ ~~,~ -0 -:"" ~'.. ~, () c - :) 1-.' \ ~::i ~'~-? "'.0 '-<,: ;;::" -l . KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~kopelaw.com Attorney for Defendant DEBRA K. FALLS Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY I PA VS. NO. 2006-622 GORDON D. MYERS Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: 1. a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served; 2. a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; 3. no objection to the subpoenas has been received; and 4. the subpoenas which will be served are identical to the subpoenas that are attached to the notice of intent to serve the subpoenas. Respectfully Submitted, Date: If/lr q (OC KOPE & ASSOCIATES, LLC '" ~---? ~B.RO~SQ - . L KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 DEBRA K. FALLS Plaintiff, GORDON D. MYERS Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: COUNSEUPARTIES OF RECORD Defendant, Gordon D. Myers, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date' listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. KOPE & ASSOCIA lES, LLC DATE: '1/2-0, It)' ~ t- CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on September 29, 2006, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 on Defendant's counsel, via first class mail, postage prepaid, addressed as follows: Kristi A. Gohn, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 KOPE & ASSOICA TES, LLC :2? 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I. D. 92207 Attorney for Defendant .- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA K. FALLS Plaintiff, VS. NO. 2006-622 GORDON D. MYERS Defendant. JURYTR~LDEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MaNY Life Insurance Company of America Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All records associated with the Flexible Payment Variable Annuity Contract Quarterly Report - Regular IRA, Annuitant: Mr. Stephen V. Myers Contract No. B60024483 Contract Date: 07/20/92 End Date: January, 2001 (approximately) Broker Dealer: MaNY Securities Corporation You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed below. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party requesting this subpoena may seek a court order compelling you to comply with it. This Subpoena was issued at the request of the following person: Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 717-761-7573 10# 92207 Attorney for the Defendant, Gordon D. Myers By the Court: Date: ~~al ~he~';~ b .. CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on October 11, 2006, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 on Defendant's counsel, via first class mail, postage prepaid, addressed as follows: David E. Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 KOPE & ASSOICA TES, LLC . ." Juh 46 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ~ c;'.:J c:f' g -' ~ '?'" ~(,j). lfj\T ~ ~:"'(', .....,,__i__ -"$' t .t.. - (f'" /' r:~ ,.,- )7\"" --7 .. ~~() >:-~ c:: ; - (j;J --0 :;$. o -n ~ i'1,,:P. ~ -On '0, Of-~ ri'--' ~,l.:):;1 \~7 (~ ort; .--1 2D ";:4 - .' cJ\ CP . KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant V5. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 DEBRA K. FALLS Plaintiff, GORDON D. MYERS Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants hereby certify that: 1. a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served; 2. a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; 3. no objection to the subpoenas has been received; and 4. the subpoenas which will be served are identical to the subpoenas that are attached to the notice of intent to serve the subpoenas. Respectfully Submitted, Date: '1/2.. C( /0 C . KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant DEBRA K. FALLS Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 GORDON D. MYERS Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND . THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: COUNSEUPARTIES OF RECORD Defendant, Gordon D. Myers, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. . KOPE & ASSOCIATES, LLC DATE: q ! l..-q !fJ' ,. CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on September 29, 2006, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 on Defendant's counsel, via first class mail, postage prepaid, addressed as follows: Kristi A. Gohn, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 KOPE & ASSOICA TES, LLC ane B. Kope, E q. 466 oad, Suite 201 Camp Hill, PA 17011 (717) 761-7573 1.0. 92207 Attorney for Defendant , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA K. FALLS Plaintiff, VS. NO. 2006-622 GORDON D. MYERS Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vreeland's Harley-Davidson, Inc. Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 1. Copy of the purchase agreement for the 2001 Harley-Davidson Dyna Glide VIN No. 1 HD1 GTU 111 Y309582, 2. Copies of all financial records related to the purchase of above referenced motorcycle, including but not limited to a payment history and cancelled checks 3. Copy of the title tot his motorcycle You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed below. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party requesting this subpoena may seek a court order compelling you to comply with it This Subpoena was issued at the request of the following person: Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 717-761-7573 10# 92207 Attorney for the Defendant, Gordon D. Myers By the Court: Date: ad- ~ 2tYJb Seal 0 the Court ~~ ~ CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on October 11,2006, I served a true and correct copy of the foregoing Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 on Defendant's counsel, via first class mail, postage prepaid, addressed as follows: David E. Cook, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 KOPE & ASSOICA TES, LLC J e Wehnert. 4 60 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (') ~ 0 <:::) c- ~ ""TI ~ Q'"'\ ~~! 0 :i!:n c-:> -of ~Fn ..,. ,~ tj, J:: CO :aX J..<....._ () ~(-' --j ,...) -0 -,''''', ~i::: c'5 ::0 ::J: '.;;"0 ~. l, (3m ;P,c ~ );! tn :0 .... \.0 -< KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 DEBRA K. FALLS Plaintiff, GORDON D. MYERS Defendant. JURY TRIAL DEMANDED MOTION FOR CONTINUANCE Defendant, Gordon 0, Myers (hereinafter "Defendant"), by and through her attorney, Shane B. Kope, Esq., asks this Honorable Court to continue the Trial currently scheduled in the above-captioned matter for October 26, 2006. In support thereof, Defendant sets forth the following: 1. By civil complaint Plaintiff filed the above captioned action on or about January 31, 2006. 2. On August 9, 2006, Defendant filed a Motion for Permissive Joinder of an Additional Defendant. This Motion was filed to join the son of the Defendant, Stephen C. Myers, who is an indispensable party in this matter and has an ownership interest in the property at the heart of this matter. r' 3. On September 6, 2006, a Response of Plaintiff, Debra K. Falls to Defendant's Motion for Permissive Joinder of Additional Defendant was filed. 4. As of the date of this there has been no ruling by this Honorable Court on Defendant's Motion for Permissive Joinder of Additional Defendant. 5. Therefore, a request for continuance for the Trial on October 26,2006 is now requested until there is a ruling on the Motion for Permissive Joinder of Additional Defendants. 6. The Attorney for the Plaintiff has agreed to this continuance. 7. This is Defendant's first request for a continuance. WHEREFORE, Defendant respectfully requests this Court to continue the trial scheduled on October 26, 2006 until Defendant's Motion for Permissive Joinder has been ruled upon. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: '--- ~~--)/ -~- Shane B. Kope, Esq. Date: October 24, 2006 . . . I r. r' CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on October 24, I served a copy of the foregoing Motion for Continuance by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: David Cook Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 KOPE & ASSOCIATES, LLC r- I -~ . Kope, Esq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I. D. 92207 (Attorney for Defendant) tJ P"-..) ~ ~ C e::J ~ c::J"> "1:J cr: <:) :t n'r' (J nl:!J -".:..;' -C .;;;-...... -oF.:; Z"( N v:: .::- :-OC[J -, ~~() r: < -p ;j=ij -~,: -~:.:. :"-- ::it: "-7(; 5 ....j (5fTI C ..- Z -I :l> -'.J c., ::u -<: 0 .< ~.~~._~ ItJ !~5/CJ ~ ~ It( esley Oler, By the Court, of Defendant's Motion for Continuance, it is hereby Ordered that the Motion is GRANTED. The new Trial in this matter will be scheduled for the 3~ day of c:x:tJ7 , 2(300 at I ~ 30 -p-.m. in Courtroom ---1- , 2006, upon consideration ad ~ ORDER AND NOW, this zstt day of JURY TRIAL DEMANDED GORDON D. MYERS Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-622 vs. DEBRA K. FALLS Plaintiff, Attorney for Defendant KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbko2!@comcast.net ...... RLED-OfFICE OF THE PROTHONOTARY 200G OCT 25 PM 2: li 4 CU,~.L....- . . 'I'" It.iTV 11;'1.....1,.....,.' 'J.,~"')l \i I , PEi'.Ji\)~;YLVN\j:/\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA K. FALLS, Plaintiff, NO. 2006-622 v. JURY TRIAL DEMANDED GORDON D. MYERS, Defendant. ORDER it L AND NOW this 2b day of D (.\. 2006, upon consideration of Defendant's Motion for Permissive Joinder of Additional Defendant and Plaintiffs Objection thereto, it is HEREBY ORDERED that Defendant's Motion is DENIED. By the Court J. '["''I \ {'",~ c,...\ \i\I<N. \ \,l'\..,.:.\'~\"i.~,'~~., ..t1f'\,,' r'\ \ \~\C~(:,.{, (\ 'v"'.\..,,})'I\1 \0..) t'\J..\ .,,' \'", L t. : tl W~ 1.1 t, ~ ':}\.l 'I\\I'i1. " ," c ,,' rJ ~1\-\1. -},O "t~4 ~.J\ :.;-) ,'> \;:.1"\:\1\ ~i ~j~)\'\ :\"j' '."; .\.- DEBRA K. FALLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW GORDON D. MYERS, Defendant NO. 06-622 CIVIL TERM IN RE: CASE TRANSFERRED ORDER OF COURT AND NOW, this 5th day of March, 2007, upon consideration of the complaint filed in the above-captioned matter, and pursuant to an agreement of counsel in the person of David E. Cook, Esquire, on behalf of the Plaintiff, and Shane B. Kope, Esquire, on behalf of the Defendant, this case is transferred to the Court of Cornman Pleas of York County, Pennsylvania, for consolidation with the pending case ln York County of Debra Falls versus Keith Myers at Docket Number 2005-SU-02104-Y01. Any costs associated with the transfer shall be borne by the Defendant. By the Court, :mae n(vid E. Cook, Esquire vllO South Northern Way York, PA 17402 For Plaintiff cLane B. Kope, Esquire \ ~660 Trindle Road ~ Suite 201 Camp Hill, PA 17011 For Defendant '?;. ~ .-.,. \..l-I~~ gt.~, ~(~,S~ r-~'\ o~~ ';;!\..U u--'- F ~ Cf"\ o c'''") ..,.,... <<W- 0- If) , o~ d:!. ~ ..... 'C ~ :5 (.)