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Home My WebLink About02-2588 HEATHER E. McGINNIS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2002- .;l Sf 'I CIVIL TERM PORT DARE, tldIb/a PEllAND, Defendant CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, PORT DARE tld/b/a PETLAND, and enter my appearance on behalf of the plaintiff, Heather E. McGinnis. Please direct the Sheriff to serve the defendant as follows: PORT DARE IId/b/a PETLAND -- 6520 Carlisle Pike, Suite450 Mechanicsburg, P A 11055 " Respectfully submitted, By: May 27, 2002 Marcus A. eight 60 West PomJTet Stre arlisle, PA 17013 (7t7) 249-2353 Supreme Court l.O. No: 25476 To: PORT DARE tld/b/a PETLAND You are hereby notified that Heather E. McGinnis. plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entere against ou. By: DEPUTY ~.y~ Date:7YL"j oL !L , 2002 ~ <:) c:> 0 c ......, -n <"" :J:: ~ ~ ~ "'"0(1:1 "'" 'J CS) n1q-; -c ...;. L Z_, j-:::;;: zI;:'.: N .:;:~~ 23 ',.J OJ .... co .') r l:; "0 .. ?t: I(~' .... :.-"",.. -'0 /~3J lr-, (" ~ ~c) <' v, z("';J ';,j-(') ~ 'd ~c":: '-I? Onl 7 -.\ =< N ?:o (::l -< SHERIFF'S RETURN - REGULAR CASE NO: 2002-02588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCGINNIS HEATHER E VS DATE PORT T/D/B/A PETLAND ROBERT BITNER , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DARE PORT T/D/B/A PETLAND the DEFENDANT , at 1255:00 HOURS, on the 30th day of May , 2002 at 6520 CARLISLE PIKE SUITE 450 MECHANICSBURG, PA 17055 by handing to ANDREW OTT, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.90 .00 10.00 .00 34.90 r~r;-,~~ R. Thomas Kline 05/31/2002 IRWIN MCKINGHT HUGHES Sworn and Subscribed to before me this It) <!::' day of C),.., . .JIM.J-- A. D. ~. 0 ~ ~ othonotary , B~..+~ Deputy Sheriff JOSEPH A. JULIANA, ESQUIRE Attorney J.D. No: 59523 LAW OFFICES OF MICHAEL W. CASEY 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 610 687-8303 HEATHER E. McGINNIS ATTORNEY FOR DEFENDANT, PORT DARE, t/d/b/a PETLAND v. PORT DARE, Vd/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY .JURY OF 12 DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance m the above captioned matter on behalf of Defendant, Port Dare, t/d/b/a PetLand. LAW OFFICES OF MICHAEL W. CASEY ~~~ Attorney for Defendant, Port Dare, Vd/b/a PetLand <:) C 7 --CJ-?>:; Irq ~;:.; / Ch .-.... ~-:"- --,> -- ~;t-,:' ~..:::: ___I -; ~;1 "1" (;"'I -r; ~:';) <T> :JJ ---::; JOSEPH A. JULIANA, ESQUIRE Attorney J.D. No: 59523 LAW OFFICES OF MICHAEL W. CASEY 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 610 687-8303 HEATHER E. McGINNIS ATTORNI<;Y FOR DEFENDANT, PORT DARE, t/d/b/a PETLAND v. PORT DARE, t/d/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive ofaIternates, are hereby demanded by Defendant, Port Dare, Vd/b/a PetLand, in the above captioned matter. LAW OFFICES OF MICHAEL W. CASEY ~L~~ Attorney for Defendant, Port Dare, Vd/b/a PetLand <:) ~ v{";, nlf" ~~F' -< ~'':;; --'C ~. "" ' 1~:S~ 2~ =< L, .' --'-I -n " ~;"J i"'...:: ., ~:: :.') en :D -< JOSEPH A. JULIANA, ESQUIRE Attorney J.D. No: 59523 LAW OFFICES OF MICHAEL W. CASEY 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 610 687-8303 HEATHER E. McGINNIS ATTORN]~Y FOR DEFENDANT, PORT DARE, t/d/b/a PETLAND v. PORT DARE, Vd/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. LAW OFFICES OF l'vIICHAEL W. CASEY ~o,.~ JOS HA.JULIANA,ESQUIRE Attorney for Defendant, Port Dare, t/d/b/a PelLand RULE TO FILE COMPLAINT AND NOW, this I~y of 92.pl;- 20~ a Rule is hereby granted upon Plaintiff to Judgment of Non Pros. file a Complaint herein within (20) days after service hereof or suffer the entry of a (Li;. i2 ~ Prothonotary ~ o c: :<"':" tJ!-~'.: :2~!" 2:: ~::,"! " ~-:; ~;~F ~:C....., ---I -< o ~/') .., -::J ':? ~- :..') :':'""J ~..J -< MATTHEW E. MCGUIRE Attorney J.D. No: 86822 LAW OFFICES OF MICHAEL W. CASEY 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 (610) 687-8303 HEATHER E. McGINNIS ATTORNEY FOR DEFENDANT, PORT DARE, tld/b/a PETLAND v. PORT DARE, tld/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance in the above captioned matter on behalf of Defendant, Port Dare, Vd/b/a PETLAND. JO~I~~~ Identification No.: 59523 ENTRY OF APPEARANCE Kindly enter my appearance in the above captioned matter on behalf of Defendant, Port Dare, tld/b/a PETLAND. ~~ Identification No.: 86822 Dated: /(/;;103 <:) C ? -06'"; mrT Z:~i zr w'" ...- . r::"': ~-- ;<'- ~'c :So :J>c: ~ '"l'!: . ',::;:' ~_J C-) G..:t -~ l_'u: ;t; ,';n1 --=-:j '~ :D -< (...> HEATHER E. McGINNIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 2002-2588 PORT DARE, tJdIb/a PETLAND, JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND 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, order 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. HEATHER E. McGINNIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 2002-2588 PORT DARE, tld/b/a PETLAND, JURY TRIAL DEMANDED Defendant COMPLAINT COUNT I - NEGLIGENCE AND NOW, this 6th day of February 2004, comes the Plaintiff, HEATHER E. (McGINNIS) McKNIGHT, by and through her attorneys, Irwin & McKnight, and make the following Complaint against the Defendant, PORT DARE, Vd/b/a PETLAND, averring as follows: I. The Plaintiff is Heather E. (McGinnis) McKnight, an adult individual principally residing at 151 Candlelight Drive, Carlisle, Cumberland County, Pennsylvania I70I3. 2. The Defendant is Port Dare tld/b/a PETLAND, an adult individual owning and operating a business now known as Petz Unlimited, 6560 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On June 16, 1999, the Plaintiff purchased a two (2) month old purebred English Bulldog from Port Dare tld/b/a PetIand, 6520 Carlisle Pike, Mechanicsburg, Pennsylvania for a total amount of $2,120.00. 4. On or about May 27, 2000, while in her home, without warning, provocation or justification, the Plaintiff was attacked by the dog she had previously purchased from the I Defendant. The dog lunged at the Plaintiff and continued to attack her repeatedly biting both of her legs. 5. The unprovoked attacked continued until the Plaintiff was able to shut herself in her nearby laundry room. She waited approximately two hours until her boyfriend, Jesse McKnight, came home as she was in fear for her life. 6. During the time she spent in the laundry room awaiting help, she suffered extreme pain and loss of blood from approximately 17 open wounds caused by the dog's attack. 7. The Plaintiffs boyfriend immediately took her to the emergency room at Carlisle Regional Medical Center where approximately 17 dog bite wounds were cleaned and sutured. 8. Solely as a result of the attack by the dog Defendant sold to Plaintiff, the Plaintiff suffered various injuries including but not limited to approximately 17 puncture wounds to both her legs, all or some of which has caused permanent scarring. 9. As a result of the attack by the dog, the Plaintiff was unable to walk for several days and was hindered from attending to her usual and daily occupation and from performing her normal daily activities. 10. Due to the unprovoked attack, the Plaintiff missed a week of work from her place of employment at Giant Corporate Headquarters. I I. As a result of the unprovoked attack, the Plaintiff has also experienced severe emotional trauma which has caused severe depression, sleep disturbances, and panic attacks for which she was prescribed various medications. 2 12. The Defendant knew, or should have known, that since the dog was of a dangerous and vicious nature and which by its breeding and training was prone to attacking and biting humans. 13. The Defendant was negligent, careless and reckless in that he: 1. Failed to adequately warn the Plaintiff that the dog was of a dangerous and vicious nature and which by its breeding and training was prone to attacking and biting humans. 2. Failed to research the breeder of said dog as to the breeder's knowledge, reputation, and skill at breeding quality traits into their dogs. 3. Failed to disclose to the Plaintiff that the dog had only one testicle and had surgery to repair a hernia prior to its sale to the Plaintiff. 14. The negligence of the Defendant, Port Dare, t1d/b/a Pelland, is the proximate cause of the injuries sustained by Plaintiff Heather E. (McGinnis) McKnight.. 15. The Plaintiff, Heather E. (McGinnis) McKnight seeks compensation for injuries sustained by the dog attack, such injuries causing significant pain and suffering as well as mental anguish. 16. The Plaintiff seeks refund of the $2,120.00 for the purchase of said dog which had to be destroyed following the attack. 3 17. The Plaintiff seeks a week of lost wages in the amount of Five Hundred Twelve and no/IOO ($512.00) Dollars. WHEREFORE, the Plaintiff seeks damages from the Defendant for a sum less than Twenty-Five Thousand ($25,000.00) Dollars. COUNT II BREACH OF CONTRACT 18. The Averments of Fact contained in paragraph One through Seventeen of Count I of the Complaint are incorporated by reference and made a part of this Count. 19. The Defendant breached the contract with the Plaintiff in that he failed to supply a dog that was a safe house pet due to the manner in which it was breed and sold to the Plaintiff. 20. The Defendant breached its warranty of fitness for a particular purpose since the Defendant knew that the Plaintiff sought the dog as a house pet. 2 I. The dog was sold with undisclosed defects in that it only had one testicle and an umbilical hernia repaired by the Defendant which he failed to disclose to the Plaintiff. 22. The dog as sold breached the implied warranty of merchantability which the Defendant owed to the Plaintiff. 23. The Plaintiff seeks damages for her injuries, the cost of the dog and her suffering and inconvenience. 4 WHEREFORE, the Plaintiff, Heather E. (McGinnis) McKnight, respectfully requests that this Honorable Court enter judgment against Defendant, Port Dare tld/b/a PETLAND, in an amount less than the arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, By: (~'Y g Dated: February 6, 2004 5 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: February 6, 2004 4 HEATHER E. McGINNIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION. LAW v. PORT DARE, t/d/b/a PETLAND, NO. 2002-2588 Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Matthew E. McGuire, Esquire Law Offices of Michael W. Casey Walnut Hill Plaza 150 South Warner Road, Suite 270 King of Prussia, PA 19406 By: Date: February 6, 2004 G:fMMcKNIGHTIPERSONAL INIURY/McGINNIS, HEATHERlCOMPLAlNT-McGINNIS 7 <:) c 73~~ ~;~ S_~ r:: ~~i ~ ....., C~ "", ..,. ....., fT1 co t c,..... o " -I :::t:~ n1~ , -U,Tl 3? :-';39 (3--d ~-7(") c5rn --l '"1:> ~:J -< ..." :Jl: <2 .s::- U1 MATTHEW E. McGUIRE, ESQUIRE Attorney J.D. No: 86822 LAW OFFICE OF ROBERT J. McDADE 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 (610) 687-8303 HEATHERE.McGINNIS ATTORNEY FOR DEFENDANT, PORT DARE, tld/b/a PETLAND v. PORT DARE, tld/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED DEFENDANT PORT DARE, tldlb/a PETLAND'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT I. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments in this paragraph of Plaintiff's Complaint, and therefore, denies same and demands strict proof thereof at trial. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiff's Complaint, and therefore, denies same and demands strict proof thereof at trial. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiff's Complaint, and therefore, denies same and demands strict proof thereof at trial. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs Complaint, and therefore, denies same and demands strict proof thereof at trial. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plain tift's Complaint, and therefore, denies same and demands strict proof thereof at trial. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plain tift's Complaint, and therefore, denies same and demands strict proof thereof at trial. 8. Denied. The allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. Moreover, Answering Defendant has no knowledge or means of ascertaining the truth or falsity ofthe averments respecting the injuries, sufferings, and/or damages alleged to have been sustained by Plaintiff and the same are accordingly denied and strict proof thereof is demanded at the trial of this case. 9. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the averments respecting the injuries, sufferings, and/or damages alleged to have been sustained by Plaintiff and the same are accordingly denied and strict proof thereof is demanded at the trial of this case. 10. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the averments respecting the injuries, sufferings, and/or damages alleged to have been sustained by Plaintiff and the same are accordingly denied and strict proof thereof is demanded at the trial ofthis case. 11. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity of the averments respecting the injuries, sufferings, and/or damages alleged to have been sustained by Plaintiff and the same are accordingly denied and strict proof thereof is demanded at the trial of this case. 12. Denied. Answering Defendant has no knowledge or means of ascertaining the truth or falsity ofthe averments respecting the injuries, sufferings, and/or damages alleged to have been sustained by Plaintiff and the same are accordingly denied and strict proof thereof is demanded at the trial of this case. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and therefore, Answering Defendant denies the allegations. Moreover, the allegations contained in this paragraph are conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 14. Denied. The allegations contained in this paragraph are conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 15. No answer required. 16. No answer required. 17. No answer required. WHEREFORE, Answering Defendant prays that Plaintiffs Complaint be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendant. COUNT II BREACH OF CONTRACT 18. Answering Defendant incorporates by reference the answer to paragraphs I through 17 inclusive, as fully as though the same were here set forth at length. 19. Denied. The allegations contained in this paragraph are conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 20. Denied. The allegations contained in this paragraph are conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 2 I. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe averments contained in this paragraph and therefore, Answering Defendant denies the allegations. Moreover, the allegations contained in this paragraph are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 22. Denied. The allegations contained in this paragraph are conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no responsive pleadings and are therefore denied. 23. No answer required. WHEREFORE, Answering Defendant prays that Plaintiff's Complaint be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendant. NEW MATTER 24. By the actions at the date, time and place stated in the Plaintiffs Civil Action- Complaint, the Plaintiff did assume the risk of any and all injuries or damages which she is alleged to have suffered. 25. It is averred that the appropriate Statute of Limitations has elapsed since the accrual of the causes of action and the institution of suit. The instant action is thus barred by the applicable Statute of Limitations. 26. The Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 27. At all times concerned with this litigation, Answering Defendant acted in a manner which was proper, reasonable, lawful and in the exercise of good faith. 28. On November 7,1988 the Pennsylvania Supreme Court promulgated amended Pennsylvania Rule of Civil Procedure 238, hereinafter "Rule 238" with an immediate effective date. Rule 238, on its face and as applied, violates the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution; 42 U.S.C.A. Section 1983 ofthe Civil Rights Acts; Article I, Sections 1,6,11,26; and Article IV, Section 10(c) of the Pennsylvania Constitution. Ifthere is a judicial determination that Rule 238 is constitutional, then liability for any interest imposed by this rule should be suspended during the period of time that Plaintiffs fail to convey to the Defendants a settlement demand figure, delays in responding to discovery, delays in producing requests made by the Defendant, and as a result of any delay, the Plaintiffs should be estopped from obtaining interest because of any violation of the discovery rules. 29. Defendant denies any negligence on Defendant's part. 30. Plaintiffs causes of action alleged and any damages claimed by the Plaintiff were caused by individuals and/or entities over whom Answering Defendants had no control nor right to control. 31. Plaintiffs claims are barred because of an expressed or implied contract and/or release. 32. Plaintiffs claims are barred because of statutory and/or common law. 33. Answering Defendant had no notice of any condition of said product at issue or thing under its control that constituted a danger or hazard to any persons. 34. No act, action or omission on the part of Answering Defendant was the proximate cause of Plaintiffs alleged injuries or damages. 35. Additional Defendant hereby raises all defenses contained in the Uniform Commercial Code. 36. The sole proximate cause of any injuries, damages, or losses allegedly sustained by the Plaintiff or any other person or party, were the acts, and conduct, and negligence, carelessness, breaches of contract, warranties, duties or obligations by persons or parties other than Answering Additional Defendant. WHEREFORE, Answering Defendant prays that Plaintiff's Complaint be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendant. Dated: 1/ l ~/&'-( MATTHEW E. McGUIRE, ESQUIRE Attorney for Defendant, Port Dare, t1d/b/a Pelland VERIFICATION Matthew E. McGuire, Esquire, hereby states that he is the attorney of record for defendant, Port Dare, tld/b/a Petland, in this action and verifies that statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:JioL( MATTHEW E. McGUIRE, ESQUIRE Attorney for Defendant, Port Dare, tldIb/a Petland MATTHEW E. McGUIRE, ESQUIRE Attorney J.D. No: 86822 LAW OFFICE OF ROBERT J. McDADE 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 (610) 687-8303 HEATHER E. McGINNIS ATTORNEY FOR DEFENDANT, PORT DARE, Vd/b/a PETLAND v. PORT DARE, Vd/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, Matthew E. McGuire, Esquire, hereby certify that a true and correct copy of the Answer with New Matter to Plaintiffs Complaint was sent via First Class United States Mail, postage prepaid on February Ii:' 2004, to the following counsel: Marcus A. McKnight, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 MATTHEW E. McGUIRE, ESQUIRE Attorney for Defendant, Port Dare, Vd/b/a Petland (> c~=- ~:: .- ;.-~ ~~ ....., c:::::> C:::J ...- ..." Pl c.o r-.' D o 'TI .-1 ::I: n1=rJ " ,)nl -F.C] (-:=) I ~~~B ;-~. () (j,11 <:-f ~:o -< -;:1 -' t:? o +.'. HEATHER MCGINNIS IN THE COUFtT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-2588 CIVIL PORT DARE, tJd/b/a PETLAND PETITION FOR APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, October 1,2004, in consideration of the foregoing petition, Jacqueline Verney, Esquire, Dawn Sunday, Esquire, and Carl Risch, Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, VNV!ll,i,SNI'.!~d 111\'n,-r. ;...'....,'-.".,,""^ t\i.! ~j ,u_ '__'."":-:;--:-,!\lIIJ LS:6 ~!\j l-lJO 100l AtiVl.Gi'iOhJ.Odd 3H1 jO :Di:::~O-G:nH MATTHEW E. McGUIRE, ESQUIRE Attorney J.D. No: 86822 LAW OFFICE OF ROBERT J. McDADE 150 South Warner, Road, Suite 270 King of Prussia, PA 19406 (610) 687-8303 HEATHERE.McGINNIS ATTORNEY FOR DEFENDANT, PORT DARE, t/d/b/a PETLAND v. PORT DARE, t1d/b/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002-2588 TRIAL BY JURY OF 12 DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF SAID COURT: Matthew E. McGuire, counsel for the defendant in th<e above action respectfully represents that: I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $25,000. The counterclaim of the defendant in the action is$O.OO. The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esquire, Roger B. Irwin, Esquire, Douglas G. Miller, Esquire. WHERFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. LAW OFFICE OFlfuBERT L~ ~ // ~ / Matthew E. McGuirct; Esquire Attorney for Defendant ;uP ~ ~'"[ ~ C> C> " -- fl ~ ~ ex ~ JJ ~ t..J ~ -...t... }..J t <:) ~;; s,.. -OUJ ~:iJ n'i .0;-".,. "c._,._", (lJ,,,,':' ~C ~?; f.~ )>c ~ ,.." = = ...,... u> r"" -0 N W o 'Tl ..... ::t: -rl m~ iB? ~-:f~ :J'--n 0- :;~~ 01 -l 55 -< :g -"li. ~ 00 SUNDAY&SUNDAY 7177857280 12.14.2004 11:57 FRO~IRWIN , M,KNIG~T LAW OFFIces +7172496354 I-ko..~ M'Mnr1"S Plaintiff' 12/14/04 01:22pm P. 002 r-039 P 002/002 F-066 In The Court of Common Pleas of Cumberland County) Pennsylvania No.~._ ,., .'f'?~ P n<+ nil II'P. t {.rJ I b I~. fJ.erkuvL Defendant Oatb We do solemnly swear (or affirm) that we will8Upport. obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will dischuge the duties of our office with tidelity. \\ .1 -111t1~' ~ () :r~II\r.LNLI11, V:~,t'7 Nam: (Cbaimzan) I LA-W C F-Fl c. L. o+' .J~/Il~ N L~' lIc:tellJu Law Firm / 111 5. l+~d1f{; ifLI!. ~ (' , Adckess ~sLi.{ f~ ()613 City, Zip Civil Action - Law. Q.QCUD SigDS.ture (c..~\ ~. ~~<,<-""' NtIml: " /\fv\lrr.... ';,lJ" ~ '-....r.),"r~.-r \r.s',\\"~",,,,> ~ 0\-\ \l Law Firm ~() t. ~~e>-- S-\ _ Address ~~r\~ \\1I.. ~~ \IO\"'\, J" . City, Zip ~f)~~~~ Signature P A-w I' / S; J (.V~.4-(1 Name tJi JJ 1'0. m L. 8 Llnr\cuy Law Firm _l:i Q \ 39/,J.11W>>n ~ Address (t1 E.cht4-~/U bWl.4> 11+ 170 '5,- S-- . Ci!Y. Zip Award We, the undersigned arbitrators, having been duly appointed and swom (or affinned), make the follDwing award: (Note: If damages for delay are awarded. they shall be separately stated.) WE. -{l( r/J:>_ IN -PAVQ,L of f-At... p~f~,v~AN.~ Date of Hearing: ,~~ I 4 -6 cf Date of Award: l:;)... -/ \.{ -(J 1 ._ -, . Arbitrator, disSC1lts. (Insert name if app licable.) ~,V~). .. x' (O~~. ~ -Jj~---d.LJ.~1 ~&C Notice of Entry of Award Now, the. / t./ day of f) P ~.. ' 20 ~ at r I' . ~.M.. the above award was entered upon the docket and notice the.reof given by mail to the parties or their attorneys. be paid upon appeal~ $ i qO . 0 0 By: /fnoi Q'~AbY) otbQootary ~~ ~ ~~~ -- ~ ~ ~ ~t G ~ ~ --- -0 ~ G ~ ~ -..J C) .~ I. (: - _..1 _(:1 _ -0 HEATHER E. McGINNIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PORT DARE, t/d/b/a PETLAND, DEFENDANT NO. 2002-25138 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that HEATHER E. McGINNIS from the award of the board of arbitrators entered in this case on DECEMBER 14. 2005 appeals A jury trial is demanded C!). (Check box if a jury 1rial is demanded. Other wise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid, or NOTE: (b) No affidavit or verification is required. ~~~ ~ ?:~ ~ ~~\ '-/' ~ 0..J ~ B S' .... (-) ~ c' = t;~~ = -I . {.J't C- --I --... :r..t.JO hi -n " f"::O IT! CJ ( I - 9 r~: ., '. -' " c'! " " f:;~ "") ,-' ~ ~-:_:f :::- , 0 ............. DEC-02-2005 11:51 LAW OFFICE/ROBERT MCDADE 61002258150 P.05/06 MATTHEW E. McGUIRE. ESQUIRE Attorney I.D. No: 86822 LAW OFFICE OF ROBERT 1. McDADE 150 South Warner. Road, Suite 270 King of Prussia, PA 19406 (610) 687-8303 HEATHERE.McG~S ATIOR.c~EY FOR DEFENDANT, PORT DARE, Vd/b/a PETLAND v, PORT DARE, t/dIb/a PETLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 2002.2588 TRIAL BY JURY OF 12 DEMANDED ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this matter settled, discontinued and ended upon payment of costs only. Dated I;p. ;;'Ios I . Marcus A;Mc 1 Attorney for Plaintiff, Heather McGinnis .,.........,.........' .....,."...- .............,."... ------ c:~! - -