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Home My WebLink About06-1806 F\FILESIDAT AFILE\GeneralICurrenl\ 11734.I.com I Created 9/22/047:18PM Revised 3/28106120PM GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION NO. ()(,., - {p(j t.,. J!.l ~d-, ~0L1 KIMBERLY BRENNEMAN, Defendant 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 LA WYER, 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, PAl 70 13 (717)232-7536 MAR)10N YEARDORFF WILLIAMS & OTTO ~I J '7 re-- By ~ Christopher E, Rice, Esquire PA Attorney LD. No, 90916 Michael J. Collins, Esquire PA Attorney LD, No, 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneysfor Plaintiffs March 28, 2006 GARY MCCARREN and JENNIFER FOX, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v, NO. KIMBERLY BRENNEMAN, Defendant COMPLAINT 1. Plaintiffs, Gary McCarren and Jennifer Fox, are adult individuals with a business address of340 East Louther Street, Carlisle, Pennsylvania 17013, 2, Defendant, Kimberly Brenneman, is an adult individual residing at 90] Sadler Court, Carlisle, Pennsylvania 17013. 3, On or about April 2005, Plaintiffs and Defendant entered into a partnership to own and operate a hair design business called Studio East Hair Design (the "business"). 4, All three partners owned and operated the business until November 2005. 5. Thereafter, Defendant left the business and was paid for her share of the business, 6. On or about March 27, 2006, the telephone service was terminated and telephone number of 717-258-4427 (the "telephone number") for the business was placed on inactive status by Defendant. 7, Defendant placed the telephone number on inactive status without permission and without warning to Plaintiffs, 8, The telephone number was in the name of the business and owed by the business; however, Defendant had activated the telephone number using her social security number rather than the EIN of the business, which was not the intention of the Plaintiffs when the business began, 9. Plaintiffs continued to maintain the telephone number and make payments since November200S, In fact, Plaintiffs recently published the telephone number in Sprint's local yellow pages, which cannot be changed as of this date. IO, Plaintiffs attempted to reactivate the telephone number and service, but the telephone service provider, Sprint, declined their request stating that the number would remain unavailable to the public for 60 days because Defendant placed the number on inactiv(: status. II, During the 60 days, Defendant maintains sole control over the telephone number and can reactivate it at any time, 12, Sprint cannot provide a new telephone number or telephone service to the business until April 3, 2006, In addition, the telephone number will be published for the business in the new telephone directory for this area and cannot be changed, 13, Plaintiffs have requested the Defendant reactivate and transfer the telephone number into Plaintiffs name, but Defendant has refused to do so. 14, Plaintiff believes, and therefore avers, that Defendant's action to place the telephone number on inactive status was malicious and done to directly harm the Plaintiffs. COUNT I - Injunction and Declaratory Relief IS. Paragraphs 1-14 are incorporated herein by reference as if fully set forth below, 16. Plaintiffs will suffer irreparable harm if the Defendant is not enjoined withholding the telephone number and keeping it on inactive status, 17. Plaintiffs are unable to determine which or how many customers or potential customers are attempting to contact them in regard to hair and nail appointments or any other services or goods provided or offered by Plaintiffs, Plaintiffs cannot recceive messages from since both their phone service and telephone nmber are unavailable as a direct result of Defendant's actions, ]8, Defendant could release the telephone number to Plaintiffs without harm to Defendant. ] 9, Plaintiffs will be forced to operate without a number until April 3, 2006, which is the soonest date Sprint, the local telephone service provider, can provide them with a new number and new service, 20. In addition, the telephone directory for Sprint has already been published for the 2006-2007 year and cannot be amended to represent a new number. Therefore, the inactive telephone nmber will be listed as the number for the business in the telephone directory. 21. For everyday that Plaintiffs are forced to operate without the telephone number, Plaintiffs are losing future business and injuring relationships with existing clients, WHEREFORE, this Court is requested to permanently enjoin Detendant from withholding and maintaining the telephone nmber on inactive status and declare that Defendant has no interest in the business, or, in the alternative, the telephone number. COUNT II - Tortious Interference 22. Paragraphs 1-21 are incorporated herein by reference as if fully set forth below, 23, Plaintiffs believe, and therefore aver, that Defendant is intentionally and maliciously attempting to damage Plaintiffs' business by placing the telephone nmber on inactive status and withholding the telephone number from further use by the Plaintiffs at this time, 24, Plaintiffs believe, and therefore aver, that Defendant is attempting to use the telephone number as a way to demand monies from the Plaintiffs. 25. It is believed, and therefore averred, that Defendant knew or should have known that her actions in regard to the telephone number would directly interfere with Plaintiffs' business, including, but not limited to, relationships with existing clients and relationships with potential clients, 26. It is believed, and therefore averred, that Defendant knowingly and maliciously placed the telephone number on inactive status in order to, among other things, demand money from Plaintiffs and damage Plaintiffs' business, and one week prior to the new Sprint telephone directory being released to the public, 27, Although the telephone number was issued under Defendant's social security number, Defendant was not permitted to make decisions regarding the telephone number individually, but rather such decisions were made by the business only, The telephone number was solely owned by the business, 28, Plaintiff has suffered both court costs and attorney fees as a result of Defendant's conduct and actions, WHEREFORE, Plaintiff requests this Honorable Court award damages against Defendant for loss of business, punitive damages and access court costs and attorney fees, along with any other such relief the Court deems necessary and proper. Dated: March 28, 2006 Respectfully submitted, MA9'10N ~EARDORFF WILLIAMS & OTTO ByL--e~ .c:;. ~ Christopher E, Rice, Esquire PA Attorney 1.D, No, 90916 Michael J. Collins, Esquire PA Attorney 1.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneysfor Plaintiffs , ' VERIFICATION I, Gary McCarren, hereby verifY that, to the best of my knowledge, information, and believe, all averments in this document are true and correct, and that I have the authority to make this verification, This statement of verification is made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsifications to authorities, which provides that if! make knowingly false averments, I may be subject to criminal penalties. Date: March 28, 2006 /f)1If,~ ~ ~ {g, n ,,~ (,,:- C':') CJ .~ ,'~ ~ <:7', -'1 ~ ,-, - :r: -r. :-:::0 r"11f.: '-- ~ f'_' ,n ~ "- CO \~ (> ~ --- r- -;.., -- Jv ~ _..~ ~-) ( Lv - ~.~) rn -- ;:"'-{ 0 ~' r-,,.. ..< ':.::J 0 .-< ~ ~ GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION NO, ofs-,- IP~(!iuJ~79VI KIMBERL Y BRENNEMAN, Defendant PLAINTIFFS' MOTION FOR PRELIMINARY OR SPECIAL INJUNCTION AND NOW, comes the Plaintiffs, Gary McCarren and Jennifer Fox, by and through their attorneys, Martson Deardorff Williams & Otto, and hereby move this Court for a preliminary injunction under Pa.R,C.P, 1531 enjoining and restraining Defendant pending final hearing and determination of this action from discontinuing service of a Sprint telephone number 717 - 258-4427 used solely for the business of Studio East Hair Design and in support avers as follows: I. Unless Defendant is effectively restrained and enjoined from terminating and withholding the telephone number of 717-258-4427 ("telephone number") as set forth above, Plaintiffs will suffer immediate, substantial, and irreparable harm through the lose of business as more fully explained below and as set forth in Plaintiffs' complaint, which is attached hereto and incorporated herein by reference as Exhibit "A." 2. Plaintiffs and Defendant together operated a business, Studio East Hair Design, located at 340 East Louther Street, Carlisle, Pennsylvania 17013 since approximately April of2005 (the "business"), 3, The telephone number was in the name of the business and used solely by the business, The business acquired the telephone number through the acquisition of a former business, 4, Defendant decided to leave the business in November of2005, Thereafter, settlement negotiations took place in order to buy the remaining interest of the Defendant. Plaintiffs have retained the sole right to own and operate the business, including the telephone number. 5, Unbeknown to Plaintiffs, Defendant had used her own social security number rather than the business EIN to set up the telephone number with Sprint. 6. Plaintiffs have maintained the telephone number as the sole business number since the first date of operation and the business has paid for all bills related to the telephone number since the date Defendant left, 7, On or about Monday, March 27, 2006, Defendant placed the telephone number for the business on inactive status without notice or permission from the Plaintiffs, 8, Plaintiffs attempted to reactivate the telephone number and service, but the telephone service provider, Sprint, declined their request stating that the number would remain unavailable to the public for 60 days because Defendant placed the number on inactive status, During the 60 days, Defendant maintains sole control over the telephone number and can reactivate it at anytime because the Defendant used her social security number to establish the account, Sprint cannot provide a new telephone number or telephone service to the business until April 3, 2006, In addition, the telephone number will be published for the business in the new telephone directory for this area and cannot be changed. 9, Because Plaintiffs rely on the telephone number and service as their primary means of communication with clients, Defendant's termination of the telephone number and, as a direct result, the telephone service, would further irreparably damage the financial health of the business as both the Plaintiffs and their employees cannot receive calls from clients or potential clients, Plaintiffs' business is based upon scheduling appointments with customers for hair and nail services. The Plaintiff is simply requesting that this Court maintain the status quo, 10. The issuance of a preliminary injunction will not cause undue inconvenience or loss to the Defendant, but will prevent irreparable injury to the Plaintiffs. II. As a matter of law, Plaintiffs have no adequate remedy at law to redress the injury that will be caused by the Defendant's actions in regard to the telephone number. 12. Plaintiffs are likely to succeed in proving at trial. 13. Plaintiffs are required to pay a fixed amount of money as determined by the Court to the Prothonotary of Cumberland County pending final resolution of this matter. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order preliminarily enjoining and restraining Defendant from withholding the telephone number of717-258-4427 and keeping it on inactive status. MARTSON DEARDORFF WILLIAMS & OTTO By (!,(~ <; r? Christopher E. Rice, Esquire PA Attorney J.D. No. 90916 Michael J. Collins, Esquire P A Attorney J.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs - Date: March 28, 2006 F.\FILES\DA T AFILEIGeneraJICurrenl\ I ] 734.1 com I CI1:ated 9122104 7\'ilPM Revised: 3/28/06 120PM GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. NO. KlMBERL Y BRENNEMAN, Defendant 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 MAYBE 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)232-7536 MAR)10N YEARDORFF WILLIAMS & OTTO (U, I -/ C, rC---- By ~ Christopher E. Rice, Esquire P A Attorney LD. No. 90916 Michael J. Collins, Esquire PA Attorney LD. No. 200427 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs March 28,2006 Exhibit "An GARY MCCARREN and JENNIFER FOX, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. NO. KlMBERL Y BRENNEMAN, Defendant COMPLAINT I. Plaintiffs, Gary McCarren and Jennifer Fox, are adult individuals with a business address of340 East Louther Street, Carlisle, Pennsylvania 17013. 2. Defendant, Kimberly Brenneman, is an adult individual residing at 90 I Sadler Court, Carlisle, Pennsylvania 17013. 3. On or about April 2005, Plaintiffs and Defendant entered into a partnership to own and operate a hair design business called Studio East Hair Design (the "business"). 4. All three partners owned and operated the business until November 2005. 5. Thereafter, Defendant left the business and was paid for her share of the business. 6. On or about March 27, 2006, the telephone service was terminated and telephone number of 717-258-4427 (the "telephone number") for the business was placed on inactive status by Defendant. 7. Defendant placed the telephone number on inactive status without permission and without warning to Plaintiffs. 8. The telephone number was in the name of the business and owed by the business; however, Defendant had activated the telephone number using her social security number rather than the EIN of the business, which was not the intention of the Plaintiffs when the business began. 9. Plaintiffs continued to maintain the telephone number and make payments since November 2005. In fact, Plaintiffs recently published the telephone number in Sprint's local yellow pages, which cannot be changed as of this date. 10. Plaintiffs attempted to reactivate the telephone number and service, but the telephone service provider, Sprint, declined their request stating that the number would remain unavailable to the public for 60 days because Defendant placed the number on inactive status. 11. During the 60 days, Defendant maintains sole control over the telephone number and can reactivate it at any time. 12. Sprint cannot provide a new telephone number or telephone service to the business until April 3, 2006. In addition, the telephone number will be published for the business in the new telephone directory for this area and cannot be changed. 13. Plaintiffs have requested the Defendant reactivate and transfer the telephone number into Plaintiffs name, but Defendant has refused to do so. 14. Plaintiff believes, and therefore avers, that Defendant's action to place the telephone number on inactive status was malicious and done to directly harm the Plaintiffs. COUNT I - Injunction and Declaratory Relief 15. Paragraphs 1-14 are incorporated herein by reference as iffully set forth below. 16. Plaintiffs will suffer irreparable harm if the Defendant is not enjoined withholding the telephone number and keeping it on inactive status. 17. Plaintiffs are unable to determine which or how many customers or potential customers are attempting to contact them in regard to hair and nail appointments or any other services or goods provided or offered by Plaintiffs, Plaintiffs cannot receive messages from since both their phone service and telephone number are unavailable as a direct result of Defendant's actions. 18. Defendant could release the telephone number to Plaintiffs without harm to Defendant. 19. Plaintiffs will be forced to operate without a number until April 3, 2006, which is the soonest date Sprint, the local telephone service provider, can provide them with a new number and new service. 20. In addition, the telephone directory for Sprint has already been published for the 2006-2007 year and cannot be amended to represent a new number. Therefore, the inactive telephone number will be listed as the number for the business in the telephone directory. 21. For everyday that Plaintiffs are forced to operate without the telephone number, Plaintiffs are losing future business and injuring relationships with existing clients. WHEREFORE, this Court is requested to permanently enjoin Defendant from withholding and maintaining the telephone number on inactive status and declare that Defendant has no interest in the business, or, in the alternative, the telephone number. COUNT II - Tortious Interference 22. Paragraphs 1-21 are incorporated herein by reference as if fully set forth below. 23. Plaintiffs believe, and therefore aver, that Defendant is intentionally and maliciously attempting to damage Plaintiffs' business by placing the telephone number on inactive status and withholding the telephone number from further use by the Plaintiffs at this time. 24. Plaintiffs believe, and therefore aver, that Defendant is attempting to use the telephone number as a way to demand monies from the Plaintiffs. 25. It is believed, and therefore averred, that Defendant knew or should have known that her actions in regard to the telephone number would directly interfere with Plaintiffs' business, including, but not limited to, relationships with existing clients and relationships with potential clients. 26. It is believed, and therefore averred, that Defendant knowingly and maliciously placed the telephone number on inactive status in order to, among other things, demand money from Plaintiffs and damage Plaintiffs' business, and one week prior to the new Sprint telephone directory being released to the public. 27. Although the telephone number was issued under Defendant's social security number, Defendant was not permitted to make decisions regarding the telephone number individually, but rather such decisions were made by the business only. The telephone number was solely owned by the business. 28. Plaintiff has suffered both court costs and attorney fees as a result of Defendant's conduct and actions. . . WHEREFORE, Plaintiff requests this Honorable Court award damages against Defendant for loss of business, punitive damages and access court costs and attorney fees, along with any other such relief the Court deems necessary and proper. Dated: March 28, 2006 Respectfully submitted, MA~ON :DEARDORFF WILLIAMS & OTTO By L-J2Jcr<. c;. r?- Christopher E. Rice, Esquire PA Attorney LD. No. 90916 Michael J. Collins, Esquire PA Attorney LD. No.. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaint!fJs . . VERIFICATION I, Gary McCarren, hereby verify that, to the best of my knowledge, information, and believe, all averments in this document are true and correct, and that I have the authority to make this verification. This statement of verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities, which provides that in make knowingly false averments, I may be subject to criminal penalties. Date: March 28, 2006 ~ 111 /!, ~ (? r--' .-:.C_' , ;'~ :;:::l r-,' U' ~.i-' ~ " ~i-\ .-l -:t"-'"1\ in-::--- ;-, 'i- " ., " -. " ~ -"-.--: J ( .- ,<\.q -:::~ ",'.0. s:- (-~) '0 ::< RECEIVED MAR 2 81~ GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION NO. Ob - /[b,gutt-/€fL, KIMBERLY BRENNEMAN, Defendant ORDER ~ AND NOW, this ~ day of March, 2006, upon consideration ofthe attached Motion for Preliminary of Special I~unction, Defendant is hereby immediately ENJOINED from withholding the telephone number of 717-258-4427 and keeping it on inactive status, unless Defendant immediately transfers the telephone number to Plaintiffs, pending a hearing on this matter. Plaintiffs will deposit with the Prothonotary an amount of $ 1 COO. ci) . A hearing in the above-captioned matter is hereby set for M,Q.rv\-. :, \ , 2006, at \ : \ ~ ~t\ o'clock, in Courtroom #~, Cumberland County, Pennsylvania. BY THE COURT ~i~\ J, ~ ~ ~ , ~ ----0 i<\- Vj "I) ~ G \lJ \'-... r--... ---< -...Q , c t c5- ~~ f' '- T"--' .' ~: -~ ~,; .C"') Sf\ ..- w .__...--.--.--.~ F:IFJLESIDA T AFJLEIGenerallCurreml1 I 734_ I .3cceptservice Created: 9/22104 7:18PM Revised 3/28/062:37PM GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v, NO. 06 - 1806 CIVIL TERM KIMBERLY BRENNEMAN, Defendant ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C,P, 402(b) I accept service of Plaintiff's Motion for Preliminary or Special Injunction, Complaint and Order of Court, March 28,2006 on behalf of Defendant, Kimberly Brenneman, and certify that I am authorized to do so, March 28, 2006 ~_..~0~1~ Michael T. Traxler, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, P A 17013 (2 , ;"',) Co' '" Cl -i"} '-\ ~-ii rn (--;--; '2 .,1 C...'"l I::;::; GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION v. NO. 06-1806 KIMBERLY BRENNEMAN, Defendant CONSENT The legal representatives below state that they are authorized to execute this Consent on behalf of their clients, that they agree to continue the Preliminary or Special Injunction Hearing set for March 31, 2006, at 1: 15 p.m., in the Cumberland County Court of Common Pleas within sixty (60) days, and that either party can reschedule the hearing within the sixty (60) day period. C/~4-L- f /L..;.. Christopher E. Rice, Esquire, on behalf of Gary McCarren and Jennifer Fox ~~--- JJ I(~.... Michael T. Traxler, Esquire, on be alfof Kimberly Brenneman Date: March 30, 2006 C) --'1'1 (,) C.) F:\FILES\DA T AFlLE\General\CurrentIl1734, l,reIeasebonddraft, wpd Created: 9/22/04 7: 18PM Revised: 6/6/06 9:20PM ...- GARY MCCARREN and JENNIFER FOX, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. NO. 06 - 1806 CIVIL TERM KIMBERLY BRENNEMAN, Defendant PETITION TO RELEASE FUNDS NOW, come the Plaintiffs, Garry McCarren and Jennifer Fox, by their attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and request that the Cumberland County Prothonotary release to Planitiffs' counsel, MARTSON DEARDORFF WILLIAMS & OTTO, on behalf of Plaintiffs, Garry McCarren and Jennifer Fox, the funds deposited in escrow with the Prothonotary on March 28, 2006, for the following reasons: 1. On or about March 28, 2006, Plaintiffs initiated this action against Defendant seeking damages and injunctive relief. 2. As part of the action, Plaintiffs deposited $2,000.00 in escrow with the Cumberland County Prothonotary's Office. 3. Thereafter, the parties entered into a Settlement Agreement and Release. 4. In accordance with the Settlement Agreement, Plaintiffs are required to discontinue this action. 5. Plaintiffs now request that this Court release the money deposited with the Prothonotary in the amount of $2,000.00 upon the filing of a Praecipe to Settle and Discontinue. 6. Defendant does not object to the release ofthe funds that were deposited by Plaintiffs. .,..,. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order releasing the funds deposited in escrow with the Prothonotary. Respectfully Submitted, MARTS ON DEARDORFF WILLIAMS & OTTO BY:C,e..t,.L 7 t? Christopher E. Rice, Esquire Attorney J.D. No. 90916 10 East High Street Carlisle, PAl 7013 (717) 243-3341 June 8, 2006 Attorneys for Plaintiffs ~ ..,/' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this dated by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Abom & Kutulakis 36 South Hanover Street Carlisle, PAl 7013 Kim Brenneman 901 Sadler Court Carlisle, PAl 7013 MARTSON DEARDORFF WILLIAMS & OTTO By Cl-e IrR- ? K: Christopher E. Rice, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 8, 2006 0 ,.....,,) 0 ,= C.::- (~--::) -n C'" C._ ~ C' nl ......,.,,"" ~':;',. -,.-, I -LJ -.J ) ,- C":1 :D co --:: '. ... .~ F:IFILESIDA T AFlLE\General\Current\ 11734, l,releasebondorderdraf\, wpd Created: 9/'2:}j04 7:18PM Revised: 6/6106 9:22PM !J ,. GARY MCCARREN and JENNIFER FOX, Plaintiffs JUN 0 8 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. NO. 06 - 1806 CIVIL TERM KIMBERLY BRENNEMAN, Defendant ORDER \'\\ AND NOW, this ~ day of June, 2006, upon Plaintiffs' Petition, it is hereby ordered that the Prothonotary release to Plaintiffs' counsel, MARTS ON DEARDORFF WILLIAMS & OTTO, the funds in the amount of $2,000.00, which was deposited in escrow with the Prothonotary on or about March 28, 2006. It is further ordered that Plaintiffs discontinue this action upon the release of such funds. ~-t J. 0J r ~ ~ 'P ,"", r:-r 1 \'. '- Ul \ ~ f ~ of. ~ go :01 E: I lJnr 9DDZ Ad\/i ON ::;;U :iN'..!.' -10 -~ ':, /,\~",;;::.,..",~ _,~.,.J ~, :(II:::'i":-(b If:! :", -:;, 'i '"' r,v RECEIPT FOR TRANSFER -------------------- -------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Receipt Time Receipt No. 06/20/2006 14:42:35 179370 MCCARREN GARY 340 EAST LOUTHER STREET CARLISLE, PA 17013 Case Number 2006-01806 Remarks ORDER OF COURT TO RELEASE THE BOND ---------------------- Distribution Of Adjustment --------------------------- Transaction Payee PROTHONOTARY ESCROW CUMBERLAND CO GENERAL FUND PROTHONOTARY ESCROW MDW&O This Adj 49.70- 49.70 1,950.30- 1,950.30 BOND BOND BOND BOND F:\FILES\DAT AFlLE\General\CUlTentll 1734, l.reJelsebondorderdraft.wpd Created: 9122/04 7:18PM Revised: 616f06 9:22PM . ) ...../ GARY MCCARREN and JENNIFER FOX, Plaintiffs JUN () 8 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION v. NO. 06 - 1806 CIVIL TERM KIMBERLY BRENNEMAN, Defendant ORDER ~ AND NOW, this ~ day of June, 2006, upon Plaintiffs' Petition, it is hereby ordered that the Prothonotary release to Plaintiffs' counsel, MARTSON DEARDORFF WILLIAMS & OTTO, the funds in the amount of $2,000.00, which was deposited in escrow with the Prothonotary on or about March 28, 2006. It is further ordered that Plaintiffs discontinue this action upon the release of such funds. ~-L J. j~O()o.gg _ 30/0 6ng~s-t ~1.0r0.cm 30. ) pouido...o-e 'lql~'?S-I()/O U 1J1,9.5030 C~ eDEWXEOD-:l/9Ol1041 C_u~f 00-.' g 00 5 :;! c: ill 1\ i: ?\ n~lll"'tll Hn~~ =Or KJ 'Q(? Cn";!!; . t\ "C: j;o~", o~ ~ C:)O "a Z _ 't ~~g~O .. P-- .... ol s:1'l ~8go(') :~' 0" o;~~zO zl"" oc: 0'" :t i!z ~t ...g ~ ~ ~ ""(? "" "' \ 0 "0 \ ...... 0<. [f' .... - .. . <0 ... \J1 0 c:> 0 ... ~ ... s.. ..., (/)~ '" ...\ c.J 1; "' ""', 0 , " ..... (.1- \ .., ~ gd "'... !Bffi o ... ~ 0 0 ..... r- r- , > ~ " ~ '" ~ D '" 0 C1l . ~ ~ I\) ~ C1l . 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