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Home My WebLink About01-4599IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOWAWAY EXPRESS, INC., TRAILER TRANSPORT, : and THOMAS S. SHEAFFER, : VS. Plaintiff, CIVIL DIVISION NO.: JUANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to (.,t) Attorney (XX) Sheriff. Edward P. Seeber. Esauire P.O. Box 650 J~' Signature"- Hershey, PA 17033-0650 c. (717) 533-3280 Date: ~7J./?.//0 / Names/Address/Telephone No. // WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED Prothonotary ~ Date:~O ! b~ Deputy I0: PEAINT[t+: DEFENDANT(S); TYPE OF WRIT OR COMPLAINi: SERVE AT: Sir: SHERIFF'S INSTRU( TION Slncri['l' of' CLtmberland County, Pcnnsvl xama Tox~away Express, Inc., Trailer Transport and I homas 5;. Sheafl}'r Juanda E. Calaman and Samuel A. ('alaman WRIT OF SUMMONS 456 Mount Rock Road, Newville, PA 17241 Please serve the Defeodaut, Juauita E. Calamau, OR an adult member of the family with ~'hom she resides, OR an adult indMdual in charge of the resideuce with a true and correct reiustated cop)' of the Writ of Summons. Date of Scr; ice: Time: Scrxcd Upon (il'someone other than Defendant): Address (i f di f~krent lhan as stated above): Cumberland County Sheriff% Office: Name: Title: Date: PLEASE RETERN SERVICE TO THE FOLLOWING ADDRESS IN THE ENCLOSED SELF- ADDRESSED, STAMPED ENVELOPE TO: James, Smith, Durkin & Connelly El.I) ATI'N: Edward P. Seeber, Esquire P.O. Box 650 ltcrshcy, PA 17033 DATED: JAMES, SM124'i. DURKIN & CON%'ELLY LLP B'f: Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 10: PI. \INTiFF: DEEENDANT(S): TYPE OF WRFI OR COMPLAINT: SERVE AT: Sir: SHERIFF'S INSTRUCTION SherilTol'('umbcrIa~qd ('okmty, l~ennsx ix ania /'o~ a~x ay Express~ inc., Trailer Transport and thomas S. Sheaf'for Juanita E. Ca]amah and Sam~lel A. Calaman WRIT OE SUMMONS 456 Mount Rock Road, Newville, PA 17241 Please serve the Defendant, Sanmel A. Calaman, OP, an adult member of the family with whom he resides, OR ao adult individual in charge of the resideoce ',',ilh a true and correct reinstated copy of the Writ of Summons. Date of Service: Time: Served Upon (If somcone other than Defendant): Address (it diflkrent than as stated above): Cumberland County SherifCs O£fice: Date: Title: PLEASE RETURN SERVICE TO THE FOLLOWING ADDRESS IN THE ENCLOSED SEEF- ADDRESSED, STAMPED ENVELOPE TO: James, Smith, Durkin & Connclly LLP AFl'N: Edward P. Sceber, Esquire P.O. Box 650 Hershey, PA 17033 DATED: JAMES, SMITIt, DURKIN & CONNELLY LLP /~dward P. }~6cger, Esquire t Attorneys Gr Plaintiff P.O. Box 650 llershey, PA [7033 (717) 533-3280 TOWAWAY EXPRESS, INC., TRAILER TRANSPORT and THOMAS S. SHEAFFER, Plaintiffs JUANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : NO. 01-4599 CIVIL TERM : . PETITION IN OPPOSITION TO DISMISSAL OF THE ACTION AND NOW come your Plaintiffs, Thomas Sheaffer, Cheri Sheaffer, Towaway Express, Inc., t/d/b/a American Trailer Transportations, and Trailer Transport, Inc. by and through their counsel, Cunningham & Chemicoff, P.C. who file this Objection to Purge and in support thereof avers the following: 1. This action was filed on behalf of the Plaintiffs against the Defendants in an action at law seeking recovery under a theory of breach of fiduciary duty. 2. On March 21, 2002, Plaintiffs also filed an action in equity filed to Equity No. 02- 1394 Civil Term under which equity action, this Court enjoined the Defendant, Juanita Calaman from selling any and all property and enjoining any and all deeds transferring an interest in property until resolution of the equity action. 3. Plaintiffs, pursuant to a theory of breach of contract, entered into a Settlement Agreement with M&T Bank, Plaintiffs' business bank, under which Agreement Plaintiff Sheaffers have a duty and obligation to pursue the litigation against Samuel and Juanita Calaman for her embezzlement of Plaintiffs' corporate funds and that any funds acquired by Sheaffer as against the Defendants Calaman are to be shared proportionally between the Sheaffers and M&T Bank in recognizing the contribution which M&T Bank paid to Sheaffer in settling their claim against M&T Bank. 4. M&T Bank did not take any action to cross claim against the Calamans seeking indemnification based upon the agreement reached with the Plaintiff Sheaffers. 5. Plaintiffs were delayed in their pursuit of their claim against Defendants as Defendant Juanita Calaman was charged with embezzlement of Plaintiffs' monies in 2001 at docket number 01-2455, Court of Common Pleas of Cumberland County, Pennsylvania, and sentenced to 18 months to 7 years imprisonment on August 27, 2002. 6. The Plaintiffs object to the dismissal of this action as significant discovery has been undertaken in the parallel equity case and it desires to protect and preserve any and all fights which it has as against the Calamans in the action at law which may differ from those in equity and in order to protect M&T Bank's fights as it agreed it would under the documents of settlement executed with that entity. 7. Defendant, Juanita Calaman, was released from imprisonment in February 2004. WHEREFORE, Plaintiffs respectfully request this Honorable Court not to purge this matter for inactivity and to eventually consolidate this matter with the parallel action filed in equity. Respectfully submitted, CUNNIN~Pt~~ICOFF, P.C. ~an ,~unningham, Esquire Attorn I.D. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717.238.6570 CERTIFICATE OF SERVICE I do hereby state that on the 19th day of October 2004, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Gail Guida Souders, Esquire Guida Law Offices 111 Locust Street Harrisburg, PA 17101 (Attorney for Juanita Calaman) Donald R. Reavey, Esquire Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 (Attorney for Samuel Calaman) ~v~ll~tin~X. ~aring ~ - / TOWAWAY EXPRESS, INC., TRAILER TRANSPORT and THOMAS S. SHEAFFER, Plaintiffs JUANITA E. CALAMAN and SAMUEL A. CALAMAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-4599 CIVT[L TERM ORDER AND NOW, this ~' day of October 2004, upon consideration of Plaintiffs' Petition in Opposition to Dismissal of the above-captioned action, it is hereby ORDERED and DECREED that the above-captioned matter remain open on the docket. BY THE COURT: