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Home My WebLink About02-5759 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0::<- .57.5 9 C,'v, J NOTICE OF APPEAL Notice is 9i""" that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the dale and in the case rnentianed below. NAMf: Of APPElLANT :. ! ' iLL/ ~ He (' r MA tv ADDRESS OF APPElLANT OTY I MN:i OlSt NO OR ...... OF ~! STATE '3 f:.fv<,r Ol~ r:c o..TEOF.Jl..[)GMfNT DR/VG IN THE CASE OF (Plaintiff) ZF CODE A ''''''''''''->ti 17 Os-D f:.IA/l LI/tcr::r:rv.4, ~ HAvI3 /v1.Ae.. J{) t/. I t was CLAIMANT (see Pa. R.CP.JP. No. 1001 (6) in action before District Justice, he MUST FtLE A COMPLAtNT within twenty (20) days after fHing his NOTICE of APPEAL. CV LT This block will be signed ONLY when this notation is required undo< Po. R.cP. 1008&. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS 10 the judgment far possession in this case. Signature of Prothonotary 0( Deputy (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. HCP.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from ccpy of notice of appeal to be served upon appellee). PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Prothonotary '5 HA L' B 10 A. rz y J 0 EnIe<ruleupon fl'l i lI!Jlk., .' ~1...fI-;-I,"",~' f'Ci" ""'11 .'~ppellee(s),tofileacomPlaintinthisappear Name of appellee(s) (Common Pleas No. () ~ - -) 1]~ ~ 7 ('; v; l ) within twenty (20) days aller service o~ or suffer entry of judgment of non pro~ /1'/11--- / SIgnature of appellant '" his allomey '" agant RULE: To S HAVf3, M A'12:it Name of appe s) J[; ,oppellee(s). (1) You ore notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days ofler the dale of service of this rule upon you by pe<sonol so<vice or by certified or registered maiL (2) If you da not file a complaint within this time. a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. Dale: / X -.,.3-0 A.. (3) The date of service of this rule ~ service was by mail is the date of mailing. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER liling the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . S5 AFFIDAVIT: I hereby swear or affirm that I served o a copy 01 the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service! 0 by personal service 0 by (certil!ed) (registered) mail, sender's receipt attached hereto, and upon the appellee, (namel on o by personal service by (registered) mail, sender's receipt attached hereto. o and furiher that I served the Rule to File a Complaint accompanying the above Notice et Appeal upon the appellee(s) to whom tbe Rule was addressed on m'~' 0 by personal serv'ce 0 by (certitied) (registered) mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY vi/iF My commisslvi OLI'()['I #. u'd'd (,.i-de pei 1.....1 , . . "(')'I)) ~C't'""(' ,C_;:t, .. I 'r-" 'v'iNVIIlASNN=1d AL~ln(YI '.1-' ':;':"^'n" , -,' '~." ." ~~ ~ I ":: ill I\.) 22:f I'd C- J,jU 20 }"b'V.!Ci ------~-----~~---_...__.._._._---_.._-_.._---_._----_.-._"------~_.- -.---.-----.. THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.lI.iNTTFF [iJ Judgment was entered for: (Name) !:n;lll.rm. MlI.RV .Tn [iJ Judgment was entered against: (Name) HOll'FMlI.1IT MF.~HlI.1ITT~lI.T./RMTI.V HOll'FMlI.1IT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag_ Dis1. No. . OJ Name: Hon 09-3-04 THOMAS A. PLACEY A,jd,,,,, 104 S. SPORTING HILL MECHANICSBURG, PA RD. T"'ph"" (717) 761-8230 17050 HOFFMAN MECHANICAL/EMILY HOFFMAN 55 KEYSTONE DRIVE MECHANICSBURG, PA 17050 in the amount of $ 2 QR,; <;0 on: o o o o Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ o Levy is stayed for days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Time: O()-,j 75~ Ci vi I NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'sHAUB, MARY JO I 861 MANDy LANE CAMP HILL, PA 17011 L ~ VS. DEFENDANT: NAME and ADDRESS' 'HOFFMAN MECHANICAL/EMILY 55 KEYSTONE DRIVE MECHANICSBURG, PA 17050 L HOFFMAN, E ~ . Docket No.: CV-0000430-02 Date Filed: 8/27/02 (Date of Judgment) 11/2<;/02 (Date & Time) Amount of Judgment $ 2.880.00 Judgment Costs $ 106.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,986.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGM!'iNIr,BY I7IL.ING A NOTICE , _. "'i OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA%>'Ci,VIL DIVISIJIIN.:'YOU MUST INCLUDE A COpy OF THIS N E OF JUDG T NS RIPT FORM WITI1,"YOUR NOTICE OF APPEAl. :: "",,' '. '. , 2 c; Iv eN (J].,. Date I certify that this is a true a carr , , ,~,( ...--- " , ,vQP VI- Date .. , - My commission expires first Monday of January, AOPC 315,99 2004 ----.. - -------- -- --'--"---"---'- "District JtJstiGe: , .. .- j.:~ p oceedings conli1in(ng the judgment: """ , Di~!rict Justice SEAL () ~ <. vt:.::.: q}L ~~;..~. i~ .Pc Z _J -< -' f'J o '-"I ~J I (......' -',' '-......, 10 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF(~L1!..Yld~__~__; S5 AFFIDAVIT: I hereby swear or affirm that I served D a copy 01 the Notice 01 Appeal, Common Pleas No. ______, upon the District Justice designated therein on (date of servicej D by personal serv~'ce by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, ... . ..... .." ~~................. .,........_, on _,___ D by personal servi~~r. glsterea) mail, sender's receipt attached hereto. D and further that I served the......Rule to F....i..I..e.....a.. ComPI.a....i..n...t.. acco.~....... .....nnyying t..h.. e above Notice 01 Appeal }(PO the appellee(s) to whom the Rule was addressed on..___ ,__ ,,_, D by personal service by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS---h2-~_ DAY OF lL~~ I Iso wish to receive the 1~lowIng services (for an :r.=m C" N ole tt;ms 1 andIor 2 for addit\onelse'-' we can rolum lhis extra lee): i ce ::tENL J .eomeom"'p1ole items 3. 41, and 4b.on the reverse of this fol11180 that 1 0 Addressee's Address c: " .eomp . · orne and address _ not. ~ 'ii .eomr : ':;;:io~. t thefrontofthemailpieC8.oronthebackitSP~ce mbll 2.0 Restricted Delivery I 'Print) ~ .Attach Ihi. tonn 0 .' below the articla nu r. I lee i . card It)> penntt. ..__...... on the 11lIII(liIC8 deltY8l8d and the date Consult postmaster or . 9! > .Attach! w~_'~m Receipt ROCIu'."t- "~m the erticle was 1& ! permit.' ,,- .pt will shOW 0 w.~ a: . 'Write'j ~ .TheR mRIlC8I 4a Article Number rE ~ .TheR' C deliver. . :I C delivll' 0 3 Article Addressed to: ~ f b .. 3 Artic 'i ~ 4b. elvlce ype certified ~ ~ ~ ~ ~HllJ/I) ~ W' t - "~.1J I G \ e..- 6,'e egistered 0 Insured -i I \1]L ~ 9~) I vn{vd c [Afl/10 II =:e: for IMroh8I1disa 0 COD i " IOl C !i II /t .DateoIDel~ez.._t''-_! 'Y\ tc U ~ B. Addr ~'s ~ress (only if requested I and tee is paid) ... (") C> 0 C N -/1 s: C> ::;3 -0 l1J ,.., il~ ~m n ~'-l .,- ~j>.., &,C ~g~ I))"> N -<2: (~;;~C) r=C") ~: -0 ! '?~~~ 33 z\.' ::1: c5 '70 J>c - ;c'-)m .. ~-=t ~ l='" ~ (,v ~ 5. Received By: (Print Name) 5. Racel' Domestic Return Receipt ~ :I ~ Domestic Return Receipt PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OFJ!..J.!...tl'J~'LLI.Yld~~ ~_; S5 AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. ______, upon the District Justice designated therein on (date of servicej __._,_' 0 by personal serv~'ce by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (namej ... .__ ,.... ~...........,.... ."......_, on ____,___ 0 by personal servicem~r. glster~) mail, sender's receipt attached hereto. o and further that I served the......Rule to F....i..I..e.....a.. ComPla....i...n..t. acco.~........ .....nn.y ying t..h. e above Notice of Appeal U}(O the appellee(s) to whom the Rule was addressed on..___ ,_,_ . . ,_, 0 by personal service by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS~~_DAYOF lL~~ I also wish to receive the following services (for an = cai S 0 ;ms 1 andIor 2 for addil\OnaI 88I'J\C88. ralum lhi. extra fee): i .. SENL :g .eomeomplpl::~e""'3.4a,end4b. the.._oflhisfolmOOthatwecan 0 Addressee's Address ~ '0 .Camp . · eme end add.... on _ nol 1 . " 'ii . Cam~ : .~;;: io~. nt of \he mallpieC8. or on \he back it space 2 0 Restricted Delivery UI : · pnnt ) ~ .AI\ach thi. tonn 10 \he fro . . the artickl number.' a Ii =: ~ penntt. R uestsd" on the 1I18I1~ b8IoW deIiY8red end \h8 date Consult postmaster for fee. i >' . ~ 'Wrile"~m R",*P!will':l.ow to whom the er\icIe.... ! ! '~j ~ .ThO R~~ R8C8IpI 4a Article Number rE ~ .The R' C deliver. . . :I C delive. 0 3 Article Addressed to: ~ f ~ .. 3 Artie ";:) 4b. eMce ype Certified c:. ~ ~ i ~HL1,J/f). . AX ~ - ~ , 'UJ I L \ e..- 6.'e egistered 0 Insured ~ I I'Di. (, 9 ((I ~ rnc~(\d cOlli 0 II ::~:~ lor Merch8l1dise 0 COD i " IOl C'. !f, II /'r I .DateofDel~e~_t''--_! 'Y\ tc U n1> B Addr ~'s Address (only if requested I . and fee is paid) ... (") C> 0 C N ~n s: 0 ....I -0 l1J ,.." ...,. ~rn n l:-l~ .'-1 .,_ ~j>.c, i7,C ~?~ e3 f) J> N -<: ". /-.... j "", i~::_~C) r:::C) );;c' \J ~-T~ 33 =1: "-0 ';70 >c - ~c=)m .. :'::t ~ ~ ~ (,v ~ 5. Received By: (Print Name) 5. Recei' Domestic Return Receipt Domestic Return Receipt .. :I ~ .!! MARY JO SHAUB Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA S'1S9 : NO. 02-599 CIVIL EMILY HOFFMAN - HMI/CDI Defendant : CIVIL ACTION .. LAW NOTICE 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, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVE. CARLISLE, PA 1 7013 717 -249-3166 MARY JO SHAUB Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA v. : NO. 02-599 CIVIL EMILY HOFFMAN - HMI/CDI Defendant : CIVIL ACTION - LAW AVISO USTED HA 5100 DEMANDDO 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 esrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puedo proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda or por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTEO. LLEVE ESTA OEMANDA A UN ABOGADO INMEDIATAMENTE. 51 USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITAABAJO PARA AVERIGUAR DON DE PUEDE OBTENERASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVE. CARLISLE, PA 17013 717-249-3166 MARY JO SHAUB Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : C?S9 : NO. 02-599 CIVIL EMILY HOFFMAN - HMI/CDI Defendant : CIVIL ACTION .. LAW COMPLAINT AND NOW this 23rd day of December 2002, by and through her attorneys her attorneys, Rupp and Meikle and Richard C. Rupp, and files the following Complaint against the Defendant as follows: 1. Mary Jo. Shaub is an adult individual residing at 861 Mandy Lane, Camp Hill, PA 17011. 2. The Defendant is Emily Hoffman with a principal place of business at 3 Keystone Drive, Mechanicsburg, PA 1 7055. 3. On or about March or April of 2002, the parties entered into a verbal contractual arrangement whereby the Plaintiff was to perform various consulting services to the Defendant whereby she was to be compensated. 4. The Plaintiff did not charge the Defendant for her services in the month of March 2002 but informed the Defendant that her services would be charged beginning in April 2002. 5. The Plaintiff rendered services in April and May of 2002 against which she offset services received from one of the Defendants for plumbing repairs at Plaintiff's residence. 6. The Plaintiff continued to provide services to the Defendants through the months of June and July 2002. 7. The Defendant stated to Plaintiff that a check in payment of her services for her billings for June and July would be forthcoming. 8. No payment was made by Defendant for the billed services for June and July of 2002 from Defendant to Plaintiff. 9. Despite demand, Defendant has failed or refused to make payment for Plaintiff. 10. Plaintiff has suffered damages by reason of Defendant's failure or refusal to make payment for Plaintiff's services in the sum of $2,800. 11 . In addition, the Plaintiff incurred the cost of some design work which Plaintiff paid to a designer. 12. Plaintiff paid the designer the sum of $120 for designing services on behalf of Defendants for Defendant's design work. 13. Despite demand, Defendant has failed or refused to pay Plaintiff the sum of $120 for the said design work incurred by Plaintiff on behalf of Defendant. COUNT I - BREACH OF CONTRACT 14. Paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference. 15. By reason of the aforesaid averments of Plaintiff, the Defendant has breached her contract with Plaintiff. 16. As a result of the aforesaid breach of contract, the Plaintiff has suffered damages in the sum of $2,800. WHEREFORE, Plaintiff makes demand upon this Honorable Court for judgment in favor of Plaintiff and against Defendant in the sum of $2,800 plus attorney fees plus reasonable costs. COUNT II - UNJUST ENRICHMENT 17. Paragraphs 1 through 16 of Plaintiff's Complaint are incorporated herein by 2 reference. 18. In the alternative, if the Court finds there was no contract between the parties, then the Defendant has been unjustly enriched by the provision of Plaintiff's services to Defendant which the Defendant received and benefitted from. 19. The reasonable value of the said services provided from Plaintiff to Defendant in the months of June and July of 2002 were $2,800. 20. The Plaintiff expected to be paid for these services and the Defendant has been unjustly enriched by the value of the sum of $2,800. WHEREFORE, Plaintiff makes demand upon this Honorable Court for judgment in favor of Plaintiff and against Defendant in the sum of $2,800 plus attorney fees plus reasonable costs. COUNT'" - UNJUST ENRICHMENT 21. Paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference. 22. The Plaintiff arranged for design work to be provided to Defendant at the request of Defendant. 23. When the designer who had been arranged by Plaintiff for Defendant had not been paid, the Plaintiff paid said bill from the designer for the said design work for Defendant. 24. By reason of said design work, the Defendant has been unjustly enriched by the value of said design work. 25. The reasonable value of said design work is the sum of $120 which the Plaintiff paid on behalf of Defendant. 26. The Defendant has been unjustly enriched by the sum of $120 by reason of the said provision of design work which Defendant has failed or refused to pay for and which Plaintiff for on behalf of Defendant. 3 . WHEREFORE, Plaintiff makes demand upon this Honorable Court for judgment in favor of Plaintiff and against Defendant in the sum of $120 plus attorney fees plus reasonable costs. WHEREFORE, Plaintiff makes demand upon this Honorable Court for judgment in favor of Plaintiff and against Defendant in the total sum of $2,920 plus attorney fees plus reasonable costs, which sum does not exceed the amount for mandatory arbitration. ./ Ri hard C. Ru , Esquire Atty. I. D. No. 34832 355 N. 21 st St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Plaintiff 4 VERIFICATION I, the undersigned, attorney for Plaintiff, am familiar with the facts in the foregoing Complaint and verify the averments in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and the source of my information as to matters not stated upon my knowledge is based on information known to me or from information from the Plaintiff. I am making this verification on behalf of the Plaintiff because Plaintiff is out of the Court's jurisdiction and is not available to sign the Verification in time for filing. I understand that false statements herein are made subject to the penalties of 18 Date: --/12( 1/}/iJ I Pa.C.S. 4909 relating to the unsworn falsification to authorities. ~ Richard C. Rupp, Esquire CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that the foregoing document was served on the person named below by hand delivery and by placing the same in the United States Mail, Certified, First Class, Postage Prepaid on the date stated below. Ms. Emily Hoffman 3 Keystone Drive Mechanicsburg, PA 1 Z Ric ard C. Rupp, Attorney 1.0.# 34 32 355 North 21 st St eet, Suite 205 Camp Hill" Pennsylvania 17011 . (717) 761..3459 Attorney for Plaintiff Dated: J,J -a )--02-. 0 C", (-=:) c: I'.,) n 0 1:.1 (', r, 1 !'1j ':~) , ;;~ i'-) (I) Co .' ~:-~. "-::; Z C ):.> c, :.) ~- :::::~ L' r::- --I ~.TJ -<:, ( n -< MARYJOSHAUB Plaintiff IN THE COlJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A NO. 02-5759 CIVIL v. EMILY HOFFMAN - HMIlCDI Defendant CIVIL ACTION - LAW DEFENDANT'S RESPONSE TO COMPLAINT AND NEW MATTER AND NOW, comes Emily Hoffman by and through her attorney, Emily Long Hoffman, and in response to Plaintiff's Complaint avers as follows: 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that on or about March or April of 2002, the parties entered into a verbal contractual arrangement whereby the Plaintiff was to perform various consulting services to the Defendant whereby she was to be compensated. By way of further explanation, Plaintiff never gave Defendant a proposal until June 28, 2002. (Please see Exhibit "A" which is attached hereto and incorporated herein fully). There was never a verbal contract. 4. Denied. It is specifically denied that the Plaintiff informed the Defendant that her services would be charged beginning in April 2002. Plaintiff never gave Defendant a proposal until June 28,2002. 5. Denied. It is specifically denied that the Plaintiff rendered services in April and May of 2002, against which she offset services received from one of the Defendants for plumbing repairs at Plaintiff's residence. 6. Denied. It is specifically denied that the Plaintiff continued to provide billable services to the Defendant through the months of June and July 2002. By way of further explanation, Plaintiff did not give Defendant a proposal until June 28, 2002. Defendant never accepted that proposal and in early July informed Plaintiff that they would have to hold off on everything until July. 7. Denied. It is specifically denied that the Defendant stated to Plaintiff that a check in the payment of her services for her billings for June and July would be forthcoming. 8. Admitted in part, denied in part. It is specifically denied that there were any monies owed to Plaintiff for June and July 2002. 9. Admitted. 10. Denied. It is specifically denied that Plaintiff has suffered damages by reason of Defendant's failure of refusal to make payment for Plaintiff's services in the sum of $2,900. By way of further explanation, Defendant does not owe Plaintiff any money. 11. This is an averment to which no response is required as Defendant has no knowledge of what monies, if any, Plaintiff paid to a designer. 12. This is an averment to which no response is required as Defendant has no knowledge of what monies, if any, Plaintiff paid to a designer. Furthermore, Defendant never authorized any design work. 13. Denied. It is specifically denied that design work was incurred by Plaintiff on behalf of Defendant. COUNT I - BREACH OF CONTRACT 14. Paragraphs one through thirteen of Plaintiff's Complaint and Defendant's Response thereto are incorporated herein by reference. 15. Denied. It is specifically denied that the Defendant has breached her contract with Plaintiff. By way of further explanation, there was no contract with Plaintiff. 16. Denied. It is specifically denied that there was a contract and that the Plaintiff has suffered damages in the sum of $2,800. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff's demand for judgment plus attorney fees plus reasonable costs. COUNT II - UNJUST ENRICHMENT 17. Paragraphs one through sixteen of Plaintiff's Complaint and Defendant's Responses thereto are incorporated herein by reference. 18. This is a legal argument to which no response is required. 19. Denied. It is specifically denied that there were any services provided from Plaintiff to Defendant in June and July of 2002. 20. Denied. It is specifically denied that the Plaintiff expected to be paid for these services and it is also denied that Defendant has been unjustly enriched by the value of the sum of $2,800. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff's request for judgement in favor of Plaintiff. COUNT III - UNJUST ENRICHMENT 21. Paragraphs one through twenty of Plaintiff's Complaint and Defendant's Responses thereto are incorporated herein by reference. 22. Denied. It is specifically denied that Defendant requested Plaintiff to arrange for design work to be provided to Defendant. 23. Denied. It is specifically denied that Defendant requested Plaintiff to arrange for design work to be provided to Defendant and, furthermore, Defendant has no knowledge as to any bills paid by Plaintiff. 24. This is a legal argument to which no response is required. 25. Denied. It is specifically denied that Defendant authorized Plaintiff to do anything or pay anything on her behalf. Furthermore, Defendant has no knowledge that the reasonable value of the diesign work is the sum of$120 and thus this response is deemed denied. 26. This is a legal argument to which no response is required. WHEREFORE, Defendant request that this Honorable Court deny Plaintiff's demand for judgement against Defendant in the total sum of $2,920 plus attorney fees plus reasonable costs. NEW MATTER 27. Paragraphs one through twenty-six of Plaintiff's Complaint and Defendant's Responses thereto are incorporated herein by reference. 28. Plaintiff's claims are barred by the Statute of Fraud Doctrine. WHEREFORE, Defendant respectfully requests that this Honorable Court bar Plaintiff's claims. By: Respectfully submitted, ~4!r Emily Long Hoffman Sup. Ct. I.D. 66307 P.O. Box 11475 105 N. Front Street Harrisburg, PA 17108 (717)233-1112 Attorney for Defendant Date: May 14,2003 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by depositing into U.S. First Class Mail addressed as follows: Richard C. Rupp, Esquire 355 N. 2lS\ Ste. 205 Camp Hill, PA 17011 Respectfully submitted, By: E~~~ire Sup. Ct. ill # 66307 105 North Front Street P.O. Box 11475 Harrisburg, P A 17108 (717)233-1112 Date: May 16, 2003 VERIFICATION I, Emily F. Hoffman upon my personal knowledge, information, and belief, aver that the facts averred and statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements or Averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: Date: ~( Ii ( ." 3 1 <16'"' 1 V 1 1 Message Emily Hoffman From: Mary Jo Shaub [maryjoshaub@paonline.com] Sent: Friday, June 28, 2002 7:25 AM To: Emily Hoffman Subject: retainer agreement Finally got around to finishing this. Take a look and we'll discuss! MJ ~~. EXHIBIT A 11/8/2002 Hoffman Mechanical, Inc. Creative Distribution, Inc. Marketing Program A Proposal Presented by Shaub Marketing 861 Mandy Lane Camp Hill, PA 17011 717.730.9396 717.730.0878 fax marvjoshaub@paonline.com Background Hoffman Mechanical, Inc. (HMI) is an emerging growth small business founded in 1999. The company sells and supports a wide variety of mechanical contracting products and services. It is a recognized leader in geothermal technologies. Creative Distribution, Inc. (CDI) is a start-up businesses specializing in niche market items that support the HV AC and geothermal markets. In addition, it distributes water and air quality equipment and supplies. HMI and CDI seek to increase sales by expanding its market base in specific sectors within various geographical limits. In order to achieve this, a review of marketing strategies and recommendations for growth is needed. The Markets HMI: high-end residential, commercial with concentration on the hospitality industry, government. Geographic regions include central Pennsylvania with niche markets in New Jersey, Delaware, Virginia. CDI: involves direct sales and dealership relationships. Direct sales: food service industry in Central Pennsylvania; high-end residential to markets in Central Pennsylvania with niche markets in New Jersey, Delaware, Virginia; government installations. Duct grooving as a niche market in Central Pennsylvania and possible expansion. Dealerships: targeting the geothermal and mechanical contracting industries in Northeastern United States. Objectives HMI -Build/manage the HMI brand through a rework on collateral sales material and web site. -Create a sales plan to target specific goals for sales staff. -Establish customer outreach through company sponsored events, timely updates that will enhance cross selling, up selling opportunities. -Promote the benefits of geothermal technologies. -Media outreach to promote the success of HMI. -Establish HMI as a progressive mechanical contractor that focuses on new technologies and environmentally friendly solutions. -Expand speaking engagements (seminars) for greater awareness. -Raise visibility of HMI as the key source on new technologies to include heating, water and air quality alternatives. CDI -Build/manage the CDI brand through the development of collateral sales material and a web site. -Create a sales plan to target specific goals for sales staff. -Identify key markets based upon WBE status and complete filing requirements. -Develop public relations plan for company transition; timely updates and customer appreciation. -Review plan in six months. Media Relations Strategy -Develop consistent message to brand. -Create a press area on the company web site. -Develop relationships with key reporters, whereas eventually they will call upon HMI and CDI as a knowledge resource. -Leverage Emily Hoffman as an attractive media personality - a young, innovative executive who has creatively built a successful small business. Strategy -Position HMI and CDI as "better" solutions through the development of taglines. -Employ a mix of media to deliver the message including direct mail, targeted email, trade show, seminar presentations and speaker presentations. -Create a strong, simple, consistent message. Program Benchmarks Tracking procedures must be established prior to start of program: Customer response: -brand awareness -percent increase in sales -customer retention Specific Tasks Develop Sales/Marketing Plan -HMI -CDI -process evaluation Develop sales collateral material -Develop message points -Product sheets -Backgrounder on company -Backgrounder on key personnel -White papers on technologies -Testimonials -Article reprints Re-develop web sites -Define benefits and selling points -Create media sections -Encourage subscriber base for informational updates -Create an "Ask the Expert" section -Testimonials -Power Point presentations available as "online seminars" -Corporate profiles Proposal Date Client: Project: Schedule: June 21,2002 Hoffman Mechanical, Inc. Creative Distribution, Inc. Monthly Service Agreement Recommended June-November, 2002; renewable every three months thereafter based on client review. Contact: Emily Hoffman Account Services Brand building, strategic business planning, marketing, public relations, account management, research and general accounting and administration. 40 hours @ $60 hour $2400.00 *Public relations includes, but is not limited to, development of media targets, strategic planning, research, program development, writing and editing of press release, feature story pitches and by-fined articles, direct media contact, assistance with trade shows and arranging press conferences. Notes Prepared By: Agency service rate is $60 an hour. Administration and accounting are billed at $20 per hour. Agency production costs and media buys will be invoiced separately. The service fee is reconcilable on a monthly basis. Mary-Jo Shaub Acceptance of this proposal confirms that we have been contracted by you for the service agreement described above. We agree to provide the services described under the terms specified. Acceptance Date_ (,.. \.D ~..~~ :. ~,~ ,," :..< 5>, :"J ,..-"-: c~ -- C~) () -q ~ -if co MARY JO SHAUB Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA v. : NO. 02-5759 CIVIL EMILY HOFFMAN - HMI/CDI Defendant : CIVIL ACTION - LAW . . PLAINTIFF'S REPLY TO NEW MAnER AND NOW comes Mary Jo Shaub, Plaintiff, through her aUorneys, Rupp and Meikle and Richard C. Rupp, who make the following Reply to Defendant's New MaUer: 27. Paragraphs 1 through 26 of PlaintiWs Complaint are incorporated herein by reference. 28. The averment in Defendant's New MaUer in Paragraph 28 constitutes a legal conclusion to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's New MaUer with prejudice and enter judgment in favor of Plaintiff In accordance with PlaintlWs Complaint. By: Ichard. pp, Atty. I. D. No. 34832 AUorneys for Plaintiff 355 N. 21st St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Date: ,/~? I 06/24/2003 22:58 7:77300878 FROM: Rupp &. ~ikll! SI-\<\UB MARK[T~NG PAGE 02 F~ NO. 730 0214 Jun. 252003 le:10AM p~ va....atlON I. Mary .Ie ....U.., If""" that the $fa'..,,"'" In 1M ........... dMum.... ar. true anti correct to .... b_ of nor 1cnowI..... In'-"'atlon and IMII". lal41 ,'___ems are IMIMC1 on my _ knewlHle. ....1.. .r Informatlon. I und....nclthat false .....ment. heroin .r. m....lUIlIed to penalti....'. Ita. ColA · "'"" rttlatlne to un_m t.lllflctItlo" to .uthorhl... Dclte: ~)~ ~~;f- _.. CERTIFICATE OF SERVICE AND NOW, this ~ay of June, 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Emily L. HoHman, Esquire P. O. Box 11475 Harrisburg, PA 17108-1475 . . 2 ... -oi'.2' mrTJ z-'..' ze' w,.:\, ../ ' ~c.' ~c ",,0 ....c: ~ ... o w o '"Tl .-1 --~i fD ---,In :? '_~(.J .-' -r, '~"2 ~~ ~.m ~~ ;p. ::rJ -< , c: % N -.J -0 ::;:: ~ N \0 M "R~ Iftl J~A(,I-& '1 c.., ^ -t; (F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02".$15'1 CIVIL Jlo.:n.. v, ~ml\~ "o~tIl~.. II 1"1 e.D , C. N\ l A-v -n OAJ - l...kW RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ~ r "''''...... '- (.,. ~ "'f' ~ .r)~ counsel for the~~ in the above action (" . .u), respectfuJly represents that: \........) I. The above-captioned action (. . ) is (_ at issue. 2. The claim of the plaintiff in the action is $ ~ _ q :2.. C) ", ,Ii> The counterclaim of the defendant in the action is' 0 The foJlowing attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Ja.,.,.. t'\~\:JF"J'1Ar; N E SGl . I WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shaJl be submitted. R~2 submitted, .p'f> \>" --Me .'\I::tL e 1 ~ e.JCl ORDER OF COURT foregoing petition, , . Esq., and actions) as prayed for. ,1'921.1,>,'in conside.ration of the /J < Esq., )/addd/ ~~ Esq., are appointed arbitrators in the above captioned ac IOn (or B'~ PJ. "". (") ~ l;& ..::r '0 g :;:>6 (1 ~ ~ ~)~ "'i:A- c: ~ uJk. ~ '~):;:C. ~ 90 =.3 ""'O~f.' E: ~:!1 v--r- ~ ....... ('1"'(';' v...~::: 1n ':" ~:;-' "',", % -0 tri ~Q (") ~ ~( 0- - ~~::; 7:)" - :ot( ...... ~ . .-r-- ~ *:;' 0 0 r;.:~ -''C'''; <:2,c. ,_.(c): ~ .:>';lD- -0 ~-c::t1 .'- 'Y' "' ':02(5 .n ~" ---.. ;2'c: ':> ? -c' Brit '6 ~ 0 ~ ~ ~C: r """ <-" Z y' C ~ '2 0 ?l ~ ~ u> ~ ~ ~ - --- V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5759 CIVIL TERM MARY JO SHAUB EMILY HOFFMAN-HMI/CDI IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, June 21, 2005, the appointment of Robert Saidis, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Edward Schorpp, Esquire, shall be appointed in his stead; Michael Cassidy, Esquire, and Douglas Marcello, Esquire, shall remain as arbitrators. By the Court, P.J. Robert Saidis, Esquire PO Box 560 26 West High Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 ~ /W'~ L.;)/'OS l '-;-" Court Administrator g'1 : II H\J I 2 fini sOU?, A):.lVJ.C;\Q;.L(jUJ 3Hl :::10 :J8::l:l0-{J::1l1J V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5759 CIVIL TERM MARY JO SHAUB EMILY HOFFMAN-HMI/CDI IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, June 21, 2005, the appointment of Robert Saidis, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Edward Schorpp, Esquire, shall be appointed in his stead; Michael Cassidy, Esquire, and Douglas Marcello, Esquire, shall remain as arbitrators. By the Court, P.J. Robert Saidis, Esquire PO Box 560 26 West High Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 ~.~ L .,)/.05 :)-. Court Administrator , !F.!(-".',' 1\1.1\1:\ . "/:no -y 9 ~ : III!V I Z /!nf SOOZ AtlVJ.C;\UHlUUJ 3Hl :10 :jJ,:loiO-G:1l1:J MARY 10 SHAUB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5759 Civil Term v. CIVIL TERM EMILY HOFFMAN and HOFFMAN MECHANICAL, INC., Defendants NOTICE OF STAY NOTICE IS HEREBY GIVEN that Hoffman Mechanical, Inc., the above named Defendant, has filed a Petition under Chapter I I of the United States Bankruptcy Code to Case No. 05-bk-00012-MDF and as a result thereof, the above captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only and the providing of this Notice is not intended to enter an appearance in the within case. home/tlf/notices/hoffman MARY 10 SHAUB, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5759 Civil Term v. CIVIL TERM EMILY HOFFMAN and HOFFMAN MECHANICAL, INC., Defendants CERTIFICATE OF SERVICE I, Stacy A. SOlIenb!~ Secretary, hereby certify that on the /i day of Notice of stay was served by depositing s ith he law firm of Cunningham & Chemicoff, P.c., , 2005, a true and correct copy ofthe e in e first-class U.S. Mail, postage prepaid, to: Richard C. Rupp, Esquire Rupp & Meikle, P.C. 355 North 21" Street, Suite 205 Camp Hill, PA 17011-3707 Attorney for Plaintiff Michael J. Cassidy, Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Arbitrator Edward L. Schorpp, Esquire Martson Deardorff Williams & Otto, P.C. 10 East High Street Carlisle, P A 17013 Arbitrator, Chairman Court Administrators Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Douglas B. Marcello, Esquire Thomas Thomas & Hafter LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Arbitrator C By: Stacy A. S enberger 2320 North Second Street Harrisburg, PA 17110 , r-,~ ,U) Z~?~ ~i-l c"rl .-1 ~c: rl1 I t'-' ":9 U1 MARY JO SHAUB v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-5759 CIVIL TERM : CIVIL ACTION - LAW EMilY HOFFMAN and HOFFMAN MECHANICAL, INC. IN RE: ARBITRATION ORDER OF COURT AND NOW, August 9,2005, the Court having been informed that the above case has been settled prior to hearing, the Board of Arbitrators previously appointed is hereby vacated, and Edward L. Schorpp, Esquire, Chairman, shall be paid the sum of $50.00. Edward L. SChorpp, Esquire ) 35 South Thrush Drive Carlisle, PA 17013 By the Court, Ge~ P.J. . '.. rI.9/" ,'- ~/". -- /' - Court Administrator 1- , ) \IlNV^lASNN3d AL\jno~ nrr,,"1j.i:i8iNm e lJ :9 WV 6- ~nv SOOZ Ab"VIONOHl08d 3Hl :10 3C11.:J:4(}-Q311:!