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THE LINDEN GROUP, I NC. ,
PI il i nt if f
IN TilE COURT Of" COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-&877 CIVIL
CIVIL ACTION - LAW
v.
KATIE JO LOIIR,
Defendant
COMPLl\INT
And now comes the Plaintiff, the Linden Group, Inc., by and
through its attorneys, Friedman & King, P.C. and brings this
complaint, averring as follows:
1. Plaintiff is the Linden Group, Inc., a corporation duly
organized and existing under the laws of the Commonwealth of
Pennsylania, with its principal place of business at union Square
number 410, 3863 Union Deposit Road, Harrisburg, Dauphin County,
Pennsylvania 17109.
2. Defendant is Katie Jo Lohr, an adult individual who
resides at 14 Maybelle Court, Mechanicsburg, Cumberland County,
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Pennsylvania, 17055.
3. Plaintiff was incorporated on August 20, 1987, and has
as its sole shareholders, directors, and officers, Robert R.
Gagne, and Defendant Katie Jo Lohr.
4. Robert R. Gagne is the President and secretary of
Plaintiff, and Defendant, Katie Jo Lohr, is its Vice President
and Treasurer.
5. Robert R. Gagne and Defendant, Katie Jo Lohr, served as
officers, directors and shareholders of Plaintiff for
approximately five years prior to November, 1996.
6. For approximately one year, Plaintiff produced golf
yardage books, utilizing the fictitious name "Yardage Plus".
7. In November, 1996, Plaintiff entered into an agreement
with Mid Atlantic custom Publishing to sell the business known as
Yardage Plus for a total sum of $50,000,00 plus interest, to be
paid by Mid Atlantic Custom Publishing in monthly payments from
January, 1997 through December, 1998.
8. Prior to receipt of the first said payment, Robert R.
Gagne agreed, on behalf of plaintiff, to loan Defendant, Katie Jo
Lohr, the first five payments so as to assist Defendant with the
purchase of her home situate 14 Maybelle Court, Mechanicsburg.
It was further agreed by Robert R. Gagne and Defendant, Katie Jo
Lohr, that Defendant would repay all said payments to Plaintiff
at the time Defendant sold her house situate 250 Chippenham
Court, Mechanicsburg, pennsylvania.
9. Defendant therefore received the following payments in
the form of a loan from Plaintiff:
a. January 1997 - $ 2,083.53.
b. February 1997 - $ 2,656.01.
c. March 1997 - $ 2,118.39
d. April 1997 - $ 2,251,14
e. May 1997 - $ 2,267,12
Defendant thereby received a total of $11,376.19.
10. subsequent to the May, 1997 payment by Mid Atlantic
Custom Publishing, said Mid Atlantic custom PUbliShing ceased
doing business, as a result of which no further payments have
been received by Plaintiff.
11. On or about March, 1997, Defendant sold said house at
250 Chippenham Court, Mechanicsburg.
12. Somc time prior to April 22, 1997, Defendant approached
Robert R. Gagnc and asked him to loan to Defendant Five Thousand
Dollars ($5,000.00) to assist Defendant in closing costs on
Defendant's house situate 14 Maybelle Court, Mechanicsburg, to
which Robert R, Gagnc agreed.
13. At the request of Defendant, Robert R. Gagne loaned
said $5,000,00 to Plaintiff, and Plaintiff, with the permission
of Robert R. Gagne, loaned said $5,000.00 to Defendant.
14. Defendant verbally agreed to repay said $5,000.00 upon
demand.
15. sometime in or prior to July 1998, Plaintiff commenced
doing business as a seller of an electronic directory information
system, which business was entirely funded by Robert R. Gagne.
16. Robert R. Gagne and Defendant, Katie Jo Lohr, entered
into a verbal agreement whereby Defendant would serve as a
manager, consultant and marketer of said electronic directory
information system business, for which she would receive
withdrawals of Ten Thousand Dollars ($10,000.00) per month as an
independent contractor and not as an employee of Plaintiff.
17. Said agreement was contingent upon Plaintiff having the
financial wherewithal to make said payments, and further
contingent upon Defendant providing the anticipated services to
Plaintiff for which she was receiving remuneration.
18. Defendant, without the permission or knowledge of
Robcrt R. Gagnc, CEO of plaintiff, cngaged Paychex, Inc. to
perform payroll services for Plaintiff.
19. Aftcr approximately six weeks, being sometime in
August, 1998, it becamc obvious that Defendant was performing no
services for Plaintiff, and that the electronic directory
information business had no chance of success.
20. Because Defendant generated no business for plaintiff,
and therefore no revenues, there was no money available to pay
Defendant's withdrawals.
21. On or about September 30, 1998, without the knowledge
or permission of Robert R. Gagne, and during a period of time
when Defendant was providing no services to Plaintiff, Defendant
instructed the above-referenced Paychex, Inc., to pay to
Defendant a check in the amount of Four Thousand Nine Hundred
Fifty One Dollars and Fifty Eight Cents ($4,951.58), totally
dissipating Plaintiff's funds, which action was improper and
contrary to the agreement between Robert R. Gagne and Defendant
as shareholders and officers of Plaintiff.
22. All corporate records evidencing the above-pleaded
loans and improper conversion of funds are in the possession of
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Defendant, who has continually refused to make said records
available to said Robert R. Gagne.
23. Plaintiff has made numerous demands upon Defendant to
repay the loans and improper conversion of funds referenced
above, which sums Defendant has failed and refused, and continues
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to fail and refuse, to pay.
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THE LINDEN GROUP, INC.,
Plaintiff
III TilE couln OF COMMOII I'''EM;
CUMIJEHLAIID COlJll'I'Y. 1'1:f11I::Y loVAtll A
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110. 'J8-(,877 CIVIl.
CIVIl, AC'I'IOlI - I.IIH
KATIE JO LOHR,
Defendant
CERTI FICATE QF Sl'HVJcl;
Respect [~Il Y subm i t ted,
FRIEDMAN!& KIIIG, I'.C.
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I, Richard S. Friedman, Esquire, hereby C(!I't i I Y that on
February 12, 1999, I served Q copy of the within Co~)lalnt, by
depositing same in the United states Mail, Ilrst claus, postage
prepaid, addressed as follows:
George Faller, Esquire
10 East lIigh Street
Carlisle, I'll 1710)
1/
Richarl.s. Friedman, Esquire
600 N. Second Street
P,enthouse Su i te
P.O. Dox 984
Harrisburg, PA 17108
(717) 2)6-8000
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THE LINDEN GROUP, INc..
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
Cl![\IIlERLAl\:[) COUNTY, PENNSYLVANIA
v,
NO,9S-(,S77-CIVIL
CIVIl. ACTION-LA W
KATIE JO LOIIR,
Delemlant
JURY TRIAL OF TWELVE DEMANDED
l'RAEClfE
TO THE PROTHONOTARY OF CUi\18ERI.ANI> COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant inlhe nbove maller, Delendant hereby demands n twelve juror jury trial in the above
cnptioned nction, Issue a rule upon the Plaintiffs to lile a Complaint within twenty (20) days from
service thereof or suffer judgmcnt of non pros,
MARTSON DEARDORFF WILLIAMS & OTTO
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By . "///. . _
Gcofge B. Faller, Jr,';-E 'Ill"
J.D. No, 49813 II
Ten East High Street
Carlisle,PA 17013
(717) 243-3341
Allomeys for Dcfcndant
Dated: January 13, 1999
Rlli.E
AND NOW, this/3cLday of'ru'~7' 1999, a Rule is issued upon the Plaintiff to file a
Complaint within twenty (20) days from scrviee hereof.
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Prothonotary
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CIVIl. ^CTION - IJ\l~
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110.
\IH-hH77 CIVIL
Kat ie ,/0 1.0111'
To 1".-'1" Oefend;\nt(s)
t"/a C....al~.... 11. r.lll....1, ..
~ I vS'.\! arc hereby potified that on
dmTl ",> , 19"::, the following :-.(:~M;~~~XX\~~ff.\~~~
(Judgment) has been entered against you In the a~ove-
cllptionerl cnse.
Il;:>ralllt jUllgncllt in tll",S~I.~~7,77. togetlll'r "itll costs.
1'01' rai lure to :U1SWel' tile c0l111laint.
"^TE.
rrothonota ry
I hereby cert ify that the name and address of the
proper pe~son(s) to receive this notice is:
Kati e ,]0 Loll!'
C/O lcorge IS. j'aller, J;~qlll rc
10 East lIigll 51.
Carlisle. P^ 17013
Katie .10 Loll I'
^ re/o rcorp" Jl, I'll 1 1,,1', P<;q' Defendido/a
Defendidos/as
porheste merlio se Ie estn notificando que el
de ~larc 23 del 19 99 . el/la siguiente
X~<<K1XX:-.~~~~~aX, (f'nllor-hi side anotarlo en contra
suya en el caso In~ncionado en el epigrafe.
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l'rotonotario
certlfico que In niguiente direccion es la del
defendido/a segun il1clicada en el certificado de
residencia:
Katie .10 LollI'
c/o lcol'ge 11. I'aller, bsqu.l.re
10 East IIj i~1I 5t,
Carlisle. P^ 17013
^bogado dp.l Demandant e
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TilE LINDEN GROUI', INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
98-6877 CIVIL TERM
KATIE JO LOHR,
CIVIL ACTION - LAW
Defendant
PRAECIPE
Kindly make the attached ten (10) day notice and
certified mail card part of the record in the above case,
indicating service of the ten (10) day notice upon the
Defendant's attorney, George B. Faller, Esquire.
Dat~J11Q~( i.,;;.-S, (977
Respectfully submitted,
FRIEDMAN & KING, P.C.
j(
Richard S. Friedman, Esquire
GOO/N. Second Street
Penthouse suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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THE LINDEN GROUP, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98-6877 CIVIL
CIVIL ACTION - LAW
KATIE JO LOHR,
Defendant
IMPORTANT NOTICE
TO: Katie Jo Lohr c/o George B. Faller, Esquire
DATE OF NOTICE:
March 10, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. 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
2 Liberty Avenue
carlisle, PA 17013
(717) 249-3166
NOTICIA IMPORTANTE
A: Katie Jo Lohr c/o George B. Faller, Esquire
FECHA DE NOTICIA: March 10, 1999
USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO
EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO
ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA BECHA DE ESTA NOTICIA, ES
POSIBLE QUE u,N FALLO SERIA REGISTRADO CONTRA US TED SIN UNA
AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS
IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS
SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO
PARA AVERIGUAR A DONDE US TED PUEDE OBTENER LA AYUDA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
carlisle, PA 17013
(717) 249-3166
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CARlisLE. PENNSYLVANIA 171113
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TilE LINDEN GROUP. INC..
Phlimiff
IN TilE COURT OJ: COMMON PLEAS OF
ClIMBERLAND COUNTY. I'ENNSYLV ANIA
v.
NO, lJX-(,X77-CIVIL
CIVIL ACnON.LAW
KATIE JO LOHR.
Defendant
JURY TRIALOF1WELVE DEMANDED
ORnER
AND NOW. thi~
day of
. upon consideration
of Defendant's Petition to Open Judgll'Cnt. it is hereby ORDERED that the default judgment entered
on behalf of the Plaintiff in the above referenced matter is hereby opened and Defendant is given leave
of Court to file her Answer with New Matter as appended to her Petition,
J.
THE LINDEN GROllI'. INC..
Plaintiff
IN TIlE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 9H.('H77.CIVIL
CIVIL AC!'ION.LAW
KATIE JO LOIIR.
Defendant
JlJR Y TRIAL OF lWEL VE DEMANDED
DEFENDANT'S PETITION TO OPEN .nJl)(;M~:NT
AND NOW. comes the Defendant. by and through her attorneys MARTSON DEARDORFF
WILLIAMS & OTIO. and petition this Honomble Court to open a judgment entered in the above
captioned matter and in support thereof alleges as follows:
I. Plaintiff filed a complaint in this matter against Defendant.
2, Defendant. due to no fault of her own. failed to file an answer to the complaint within
20 days of service.
3. On March 23. 1999. Plaintiff entered judgment against Defendant for failing to me an
answer.
4, Plaintiff failed to properly notice the default as required by Pa,R,C.P, 237,1 by failing
to give notice of the default to the Defendant and by failing to attach a copy of the notice to the
Praecipe entering judgment.
5, Defendant allaches hereto as Exhibit "A" a verified copy of her Answer with New
Matter which she requests leave to file with this Court after the opening of the judgment is entered,
6, As set forth in Defendant's Answer with New Maller, a meritorious defense is stated
and does exist for the Plaintiffs complaint. Defendant contends. inter alia. that all SUI11S paid to her
as alleged in the complaint were due and owing 10 her,
WlfEREFORE. having filed IhL~ I'elilioll wilhinlen (10) days i1fll'r l'nlry of the judgl11el1lol1
thc dockct and having alleged a meritorious defense pursuant to l'a,R.C.I'. 237.3. Defcndant
respa:tfully requests that this Coun opcnthc judgment and permit the Defendant to file lhe allached
Answer with New Maller.
MARTSON DEARDORFF WILLIAMS & OTTO
By t:/~} ff)/!/
George :'faller. Jr.. Esquire
I.D. Number 49813
Ten East High Street
Carlisle. PA 17013-3093
(717) 243-3341
AlIorneys for Defendant
Date: '(V\01cY1 ~) )010.9
Exhibit A
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nm LINDEN GROUP. INC..
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY . PENNSYLVANIA
v.
NO. 9X.6ll77-CIVIL
CIVIL ACTION-LAW
KATIE JO LOHR.
Defendant
JURYTRIALOFlWELVE DEMANDED
HEJo'ENDANT'S ANSWER WITH NEW MA'nER TO I'LAINTIJo'F'S COMPLAINT
TO: THE LINDEN GROUP. INC.. Plaintiffs. and their alln01ey. RICHARD S, FRIEDMAN. ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRmEN RESPONSE TO THE ENCLOSED NEW
MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE
ENTERED AGAINST YOU.
1-4, Admilled.
5. Denied as stated. To the contrary. Robert R, Gagne served since 1'194.
6, Admilled.
7, Denied a~ stated, To the contrary. Robert Gagne indicated that he would handle the
sale of the business known as Yardage Plus to Mid Atlantic Custom Publishing, The proceeds from
that sale would be divided under a 50/50 split between the Defendant and Mr. Gagne.
8. Denied. To the contrary. it was agreed between the Defendant and Mr, Gagne that
the Defendant would receive the first five payments for the purposes indicated. However. no
agreement that the Defendant would pay back any payments whatsoever. including the condition
mentioned regarding the sale of her house located on Chippenham Court. Mechanicsburg. P A. To
the contrary. it was agreed that Robert Gagne would receive the next five payments from Yardage
Plus,
9, It is admilled that the Defendant receive the following payments. however. the
payments were not a loan as set forth in the answer to paragraph 8,
10. It is believed and therefore averred that some time subsequent to May of 1997 that
the owners of Mid Atlantic Custom Publishing denied the existence of any agreement for the purchase
of Yardage Plus and fired Robert Gagne along with the entire staff of Mid Atlantic Customer
Publishing due to alleged gross financial improprieties,
II. Denicd 10 Ihc conlrary. Thc propcrly is loc<llcd <It 3H1l3 Chippcnh<lm Court <lnd W<lS
sold in November of 1997.
12. Denied to the contmry. Although $5.000 W<lS given to the Defend<lnt it was an
adv,lI1ce on the monies to be received by the PI<lintiff from Mid Atlanlic Custom Publishing from the
sale of Yardage Plus.
13. Denied as slated. To the contrary. Ihe exch<lnge of funds was an advance on the
payments to be made by Mid Atlantic Publishing and was agreed to by Robert Gagne.
14. Denied to the contrary. Robert Gagne agreed that the exchange was to be
characterized as an advance on funds received from sale of Y <lrdage Plus.
15. Denied as stated, In June of 1991!. Robert Gagne proposed the funding of electronic
information directory and Mr, Gagne provided financial statements to assure the financing of the
venture,
16, Denied as stated, In lieu of the Defendant accepting any employment elsewhere,
Robert Gagne agreed to hire the Defendant on a full time basis as <In employee with specific duties
and parameters finalized during a discussion on September 3, 1998, Robert Gagne voluntarily agreed
to fund the business of electronic information directory and compensate the Defendant $10,000 a
month as an employee.
17. Denied as stated, To the contrary. Robert Gagne assured the Defendant of the
fmancial ability to fund the venture.
18. Denied, To the contrary. Robert G<lgne was fully aware of engaging Paycheck Jnc,
for payroll services and a representative from Paycheck Inc, was present when a telephone
conversation occurred with Robert Gagne, Robert Gagne in fact m<lde a deposit in August of 1998
for a total sum of $11 ,750 to cover payroll and taxes evidence for the August of 1998 payroll.
19, Denied, To the contrary, <IS indicated in this Answer. Robert Gagne had indicated the
financial ability to fund the venlure and get it off the ground. including start up costs that would have
covered more than the first six weeks,
20, Denied, To the contrary. Robert Gagne's primary responsibilities were for sales which
did not occur as quickly as he h<ld projected and envisioned,
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21. Denied. Tn the ~nll\rary. Rnhcrl G:lgnc assured the financial ~apabilit>, to fund the
venture and that induding paying the I'laintiffs salary as indicated in paragraph 16 nfthis Answer.
22. Denied. To the ~ontrary. Dcfendant has repeatedly offered to make the re~ords and
equipment available to Mr. Gagne. In addition. the Plaintiff has mischaracterized the events as more
fully set forth in this Answer.
23. Denied. To the contr.uy. although Plaintiff had engaged counsel. there was never any
demand to "repay" the loans and improper conversion of funds transmitted but only to return the
equipment which Defendant has in fact offered to do.
WHEREFORE. Defendant demands judgment in her favor and dismissal of Plaintiffs
Complaint with prejudice.
NEW MATI'ER
24. The responses in paragraphs I through 23 are incorporated herein as if fully set forth.
25. Plaintiffs complaint is barred by the Statute of Frauds,
26, Plaintiffs complaint is barred by the Doctrine of Laches,
27, Plaintiffs complaint is barred by the Doctrine of Waiver and Estoppel.
28. Plaintiff lacks capacity to sue on those issues where no benefit was due or owing to
the corporate Plaintiff.
29. Defendant had express, implied. and/or apparent authority to take any and all actions.
and enter into all contracts or other agreements. on behalf of the Plaintiff.
30. Plaintiff implicitly or expressly ratified all actions taken by Defendant and/or Robert
Gagne on behalf of the Plaintiff, regardless of their purported authority to so act, thus barring Plaintiff
from renouncing those agreements,
31, Plaintiff has failed to state a claim at law upon which relief can be granted,
32. No contract existed between Plaintiff and Defendant due to lack. or failure of,
consideration,
33. Defendant was due and owing all funds paid to her.
34, Defendant was not fully compensated for her period of employment with Plaintiff as
explained in Paragraph 16. supra,
CERTIFICATE OF SERVICE
I. Nichole L. Myers. an authorized agent of Martson Deardorff Willialn~ & Otto. hereby
certify that a copy of the foregoing was served this date by depositing same in the Post Office at
Carlisle. PA. first class mail. postage prepaid. addressed as follows:
Richard S, Friedman. Esquire
FRIEDMAN & KING. P.C,
1i00 N. Second Street
Harrisburg. P A 1710H
MARTS ON DEARDORFF WILLIAMS & OTTO
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By li,'I(" (, ,I, hll'i
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
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PAGE: <J2
FBIEDMAN & KINO, P. C.
ATTORNEYS AT w.w
600 N, SI!CONO ST,
Fll'TIf FLOOR
PO, Box 984
RAIUlJ!o1ltlao, F'BNNBYLV.....U. 11l0B
(717111:1."000
TII1.8\:o)p,_. tll'), 11171 O(l.,.,ODI)
RtC1U.DD S. PVUt1;lKAH
Jam! F, K.tNO
FAX TRANSMISSION
May J, 1999
Fax: 243-1850
GeorgB B. Faller, Jr., Esquire
Hartson, Deardorff, williams' Otto
10 East High St.
Carlisle, PA 17013
In ref ~he Linden Groua. Inc. v. Katie Jo LohX
No. 98-6877 - Civil
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Dear George:
we are not going to proceed with contesting the Petition to
open Judgment in the acove-captioned matter. It is now time for
ue to proceed on both c&ses against your client, Katie Jo Lohr.
I wish to take depositions and rather than just scheduling them,
I am offering you the coureesy of contacting my otfice to set up
a convenient time tor depositions in both matter~. I think it
would be appropriate if we could do them both at the same time &0
that both parties would save money.
I trust that I will heer from you at your earliest
convenience regarding SCheduling depositions. In the meantime, I
will forward a list of documents we wish to be brought to
depositions. Kindly advise as to whether we can handle this
inrormally, or whether you want an actual Notice of Deposition
together with the items that are requested.
Very tr 1y
Richard . Friedman
RSF/mt.corresaf\fall,esq
cc: Robert Gagne
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TIlE LINDEN GROUP, I:-':C"
Plaintiff
1:-': TilE COURT OF CO;vlMON PLEAS OF
('U:VlllERLM,m ('OUNTY,I'ENNSYLVANIA
v,
NO, 98-()877-(,IVIL
CIVIL ACTION-LA W
KATlE.lO LOIIR,
Defendant
JURY TRIAL OF TWELVE DEMANDED
IlliEE1~JM N'J"S .\NSWJ::IC'tnTliI'iJ::'t\~~L\ITJ::llI.o_l'LAl1-"lTIEE5-COMllAI.N:r
TO: TilE LINDEN GROlJP,INC.. Plaintiffs, anu thclr allumcy, RICIIARD S, FRIEDMAN. ESQUIRE
YOU ARE HEREBY NOTlFJEIHO FILE A WIUlTEN RESPONSE TO TilE ENCLOSED NEW
MATI'ER WITIIIN TWENTY (20) DAYS FROM SERVICE IIEREOF OR A JUDGMENT MAY BE
ENTERED AGAINST YOU,
1-4, Admilled,
5, Denied as stated, To the eontrury, Robert R, Gagne served since 1994,
6, Admilled,
7, Denip.d as stated, To the eontntry, Robcrt Gagne indicated that he would handle the
sale of the business known as Yardage Plus to Mid Atlantic Custom Publishing, The proceeds from
that sale would be divided lindeI' a 50/50 split between the Defendant and Mr, Gagne,
8, Denied, To the eontrury, it was agreed between the Defendant and Mr, Gagne that
the Defendant would receive the lirst live payments lor the purposes indicated, However, no
agreement that the Defendant would pay back any payments whatsoever, including the condition
mcntioned regarding the sale of her house located on Chippenham Road, Mcchanicsburg, P A, To
the contrury, it was agrced that Robert Gagne would receive the next five payments from Yardage
Plus,
9, It is admitted that the Defendant receive the following payments, howevcr, the
paymcnts were not a loan as set forth in the answer to parugraph 8,
10, It is believed and therefore averred that some time subsequent to MayoI' 1997 that
the owners of Mid Atlantic Custom Publishing deniell the existence of any agreement for the
purchase of Yardage Plus and fired Robert Gagne along with the entire staff of Mid Atlantic
Customer Publishing duc to alleged gross linancial improprietics,
II, Dcnicd to the eontrury, The propcrty is located at 3803 Chippcnham Road and was
sold in Novembcr of 1997,
12, Denied 10 the contrary, Ahhough S5,()lJ() was givcn to the Defemlant it was an
advance on the llIullies to he receivcd hy the PlainlilT Irmll Mid Atlanlic CustOIll Puhlishing from
the sale of Yardage Plus,
13, Denied .IS stated, To the contrary, the exchange of funds W.IS an advance on the
payments to he m.lde by Mid Atlantic Publishing and was agreed to by Robert Gagne,
14, Denied 10 the contrary, Robert Gagne agreed that the exchange was to be
characterized as an advance on funds received from sale of Yardage Plus,
IS, Denied as stated, In June of 1998, Robert G.lgne proposed the funding of electronic
information directory and Mr, Gagne provided financial statements to assure the financing of the
venturc,
16, Denied as stated, In lieu of the Defendant accepting any employment elsewhere,
Robert Gagne agreed to hire the Defendant on a full time basis as an employee with specilic duties
and parameters finalized during a discussion on September 3, 1998, Robert Gagne voluntarily
agreed to fund the business of electronic infonnation directory and compensate the Defendant
$10,000 a month as an employee,
17, Denied as stated, To thc contrary, Robert Gagne assured the Defendant of the
linancial ability to fund the venture,
18, Denied, To the contrary, Robert Gagne was fully aware of engaging Payeheck Inc,
for payroll services and a representative from Paycheck Inc, was present when a telephone
conversation occurred with Robert Gagne, Robert Gagne in fact made a deposit in August of 1998
for a total sum 01'$11,750 to cover payroll and taxes evidence for the August of 1998 payroll,
19, Denied, To the contrary, as indicated in this Answer, Robert Gagne had indicated
the linancial ability to fund the venture and get it off the ground, including start up costs that would
have covered more than the lirst six weeks,
20, Denied, To the contrary, Robert Gagne's primary responsibilities were for sales
which did not occur as quickly as he had projceted and envisioned,
21, Denied, To the contrary, Robert Gagne assured the financial capability to fund the
venture and that including paying the Plaintifrs salary as indicated in paragraph 16 of this Answer,
22, Denied, To the contrary, Defendant has repeatedly offered to make the records and
equipment available to Mr, Gagne, In addition, the PlainlilThas mischamctcrilcd Ihe events as more
fully set forth in this Answer.
23, Denied. To the eontmry, although Phlinliffhad engaged counscl, there \V,IS never any
demand to "repay" the loans and improper conversion of funds transmitted bul only to return the
equipment which Defendant has in fact offered 10 do,
WHEREFORE, Derendant demands judgment in her favor and dismiss,11 of Plaintiffs
Complaint with prejudice,
NEW MATTER
24, The responses in paragraphs I through 23 arc incorporated herein as i r fully set forth,
25, Plaintifrs complaint is barred by the Statute or Frauds,
26, Plaintifrs complaint is barred by the Doctrine of Laches,
27, Plaintifrs complaint is barred by the Doctrine of Waiver and Estoppel.
28, Plaintiff lacks capacity to sue on those issues where no benelit was due or owing to
the corporate Plaintiff.
29, Defendant had express, implied, and/or apparent authority to take any and all actions,
and enter into all contracts or other agreements, on behalr of the Plaintiff.
30, Plaintifr implicitly or expressly ratilied all actions taken by Defendant and/or Robert
Gagne on behalr or the Plaintifr, regardless or their purported authority to so act, thus barring
Plaintifr rrom renouncing those agreements,
31. Plaintifrhas railed to state a claim at law upon which rc1iercan be granted,
32, No contract existed between Plaintirr and Derendant due to lack, or railure of,
consideration,
33, Derendant was due and owing all runds paid to her,
34, Derendant was not rully compensated ror her period or employment with Plaintirr as
explained in Paragraph 16, supra,
35, Because Derendant is still owed money by Plaintirr ror this period or employment,
any runds deemed to have been wrongrully received by Derendant from Plainlirrmay be orrset by
amounts due and owing to Derendantl'or this period or employment.
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TIlE LINDEN GIWUP, INC..
Plaintiff
IN TilE COURT OF CO:\lMON PLEAS OF
CUMBERLAND COllNTY, PENNSYI.V ANIA
v.
NO,lJS.6877-ClVIL .,/
CIVIL ACTION.LA W
KATIE JO LOHR,
Defendant
JURY TRIAL OF TWELVE DEMANDED
.................................................................................
ROBERT R, GAGNE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 98-6876-CIVIL
CIVIL ACTlON.LA W
KATIE JO LOHR,
Defendant
JURY TRIAL OF TWELVE DEMANDED
~ ORDER
AND NOW, this ~., day of ~ ,1999, upon consideration of the attached
Motion to Consolidate Civil Actions Pursuant to Pa, R,C,P. Rule 213 and the agreement of counsel,
it is hereby ordered that the abovc captioned civil actions shall be consolidated iRL IJI II . ",I"" l~
.
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TilE LINDEN GIHlIJ/', INC"
I'laillliff
IN TilE COURT OF cmlMON I'LEAS OF
CUMBERLAND COUNTY, I'ENNSYL VANIA
v,
NO,ljS.hS77.CIVIL
CIVIL ACTION-LA W
KATIE JO LOIIR,
Defcndalll
JURY TRIAL OF TWELVE DEMANDED
.................................................................................
ROBERT R, GAGNE,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 'I8-687(,-CIVIL
CIVIL ACTION-LAW
KATIE JO LOHR,
Defendant
JURY TRIAL OF TWELVE DEMANDED
DEFENDANTS' MOTION TO CONSOI.IDATE PIJRSIIANT TO PA. RC.P. 213
AND NOW, comes Defendant Katie Jo Lohr, by and through her attomeys, MARTSON
DEARDORFF WILLIAMS & OTTO, and hereby, and hereby avers as follows:
I, Plaintiff is the Linden Group, Inc" a corporation duly organized and existing under
the laws of the Commonwealth of Pennsylvania, with its principal place of business at Union Square
number 410, 3863 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania 17109.
2, The Plaintiff, Robert R, Gagne is an adult individual residing at 14 Peach Drive,
Lititz, Pennsylvania, 17543,
3. Defendant is Katie Jo Lohr, an adult individual who resides at 14 Maybelle Court,
Mechaniesburg, Cumberland County, Pennsylvania, 17055,
4, PlaintiffThe Linden Group was incorporated on August 20, 1987, and has as its sole
shareholders, directors, and officers, Robert R. Gagne, and Defendant Katie Jo Lohr,
5, On or about December 7, 1998, Plaintiff The Linden Group, Ine, commenced the
above-captioned case via praecipe for writ of summons; Plainti 1'1' filed a Complaint on or about
February 17, 1999, A copy of Plaintiff The Linden Group,lnc, is attached hereto as Exhibit "A",
6, On or about December 7, 1999, Plaintiff Robert R, Gagne filed the Complaint in the
above-captioned case, A copy of Plainti 1'1' Robert R, Gagne's Complaint is attached hereto as Exhibit
UB".
v.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-6877 CIVIL
CIVIL ACTION - LAW
THE LINDEN GROUP, IIIC.,
Plaintiff
KATIE JO LOHR,
Defendant
COMPLAINT
And now comes the Plaintiff, the Linden Group, Inc., by and
through its attorneys, Friedman' King, P.C. and brings this
complaint, averring as follows:
1. Plaintiff is the Linden Group, Inc., a corporation duly
organized and existing under the laws of the Commonwealth of
Pennsylania, with its principal place of business at Union square
number 410, 3863 Union Deposit Road, Harrisburg, Dauphin county,
Pennsylvania 17109.
2. Defendant is Katie Jo Lohr, an adult individual who
resides at 14 Maybelle Court, Mechanicsburg, Cumberland county,
Pennsylvania, 17055.
3. Plaintiff was incorporated on August 20, 1987, and has
as its sole shareholders, directors, and officers, Robert R.
Gagne, and Defendant Katie Jo Lohr.
4. Robert R. Gagne is the President and secretary of
Plaintiff, and Defendant, Katie Jo Lohr, is its Vice President
and Treasurer.
5. Robert R. Gagne and Defendant, Katie Jo Lohr, served as
officers, directors and shareholders of Plaintiff for
approximately five years prior to November, 1996.
Exhibit ItA"
6. For approximately one year, Plaintiff produced golf
yardage books, utilizing the fictitious name "Yardage Plus".
7. In November, 1996, Plaintiff entered into an agreement
with Mid Atlantic Custom Publishing to sell the business known as
Yardage Plus tor a total sum of $50,000,00 plus interest, to be
paid by Mid Atlantic Custom PUblishing in monthly payments from
January, 1997 through December, 1998.
8. Prior to receipt of the first said payment, Robert R.
Gagne agreed, on behalf of Plaintiff, to loan Defendant, Katie Jo
Lohr, the first five payments so as to assist Defendant with the
purchase of her home situate 14 Maybelle Court, Mechanicsburg.
It was further agreed by Robert R. Gagne and Defendant, Katie Jo
Lohr, that Defendant would repay all said payments to Plaintiff
at the time Defendant sold her house situate 250 Chippenham
Court, Mechanicsburg, Pennsylvania.
9. Defendant therefore received the following payments in
the form of a loan from Plaintiff:
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a. January 1997 - $ 2,083.53.
b. February 1997 - $ 2,656.01.
c. March 1997 - $ 2,118.39
d, April 1997 - $ 2,251.14
e. May 1997 - $ 2,267.12
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Defendant thereby received a total of $11,376.19.
10. Subsequent to the May, 1997 payment by Mid Atlantic
Custom Publishing, said Mid Atlantic Custom Publishing ceased
doing business, as a result of which no further payments have
been received by Plaintiff.
11. On or about March, 1997, Dofendant sold said house at
250 chippenham court, Mechanicsburg.
12. Some ~imc prior to April 22, 1997, Defendnnt approached
Robert R. Gagne and asked him to loan to Defendant Five Thousand
Dollars ($5,000.00) to assist Defendant in closing costs on
Defendant's house situate 14 Maybelle court, Mechanicsburg, to
which Robert R. Gagne agreed.
13. At the request of Defendant, Robert R. Gagne loaned
said $5,000.00 to Plaintiff, and plaintiff, with the permission
of Robert R. Gagne, loaned said $5,000.00 to Defendant.
14. Defendant verbally agreed to repay said $5,000.00 upon
demand.
15. Sometime in or prior to July 1998, Plaintiff commenced
doing business as a seller of an electronic directory information
system, which business was entirely funded by Robert R. Gagne.
16, Robert R. Gagne and Defendant, Katie Jo Lohr, entered
into a verbal agreement whereby Defendant would serve as a
manager, consultant and marketer of said electronic directory
information system business, for which she would receive
withdrawals of Ten Thousand Dollars ($10,000.00) per month as an
independent contractor and not as an employee of Plaintiff.
17. Said agreement was contingent upon Plaintiff having the
financial wherewithal to make said payments, and further
contingent upon Defendant providing the anticipated services to
Plaintiff for which she was receiving remuneration.
18. Defendant, without the permission or knowledge of
Robert R. Gagne, CEO of plaintiff, engaged Paychex, Inc. to
perform payroll services for Plaintiff.
19. After approximately six weeks, being sometime in
August, 1998, it became obvious that Defendant was performing no
services for plaintiff, and that the electronic directory
information business had no chance of success.
20. Because Defendant generated no business for plaintiff,
and therefore no revenues, there was no money available to pay
Defendant's withdrawals.
21. On or about September 30, 1998, without the knowledge
or permission of Robert R. Gagne, and during a period of time
when Defendant was providing no services to Plaintiff, Defendant
instructed the above-referenced Paychex, Inc" to pay to
Defendant a check in the amount of Four Thousand Nine Hundred
Fifty One Dollars and Fifty Eight Cents ($4,951.58), totally
dissipating Plaintiff's funds, which action was improper and
contrary to the agreement between Robert R. Gagne and Defendant
as shareholders and officers of Plaintiff.
22. All corporate records evidencing the above-pleaded
loans and improper conversion of funds are in the possession of
Defendant, who has continually refused to make said records
available to said Robert R. Gagne,
23. Plaintiff has made numerous demands upon Defendant to
repay the loans and improper conversion of funds referenced
above, which sums Defendant has failed and refused, and continues
to fail and refuse, to pay.
VERIFICATION
I, Robert R, Gagne, hereby acknowledge that I am the
President of The Linden Group, Inc" Plaintiff in the within
action; that I have read the foregoing Complaint; and the facts
contained therein are true and correct to the best of my
knowledge, information and belief.
I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
Q4.\J/J. 1 _a_ ~-
ROber~~'~ Pres.
The Linden Group, Inc.
ROBERT R. GAGNE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. . NO.
.
.
.
I<ATIE JO LOHR, : CIVIL ACTION - LAW
Defendant .
.
COMPLAINT
AND NOW comes the Plaintiff, Robert R. Gagne, by and
through his attorneys, Friedman and Friedman, P.C., and brings
this Complaint, averring as follows:
1. The plaintiff, Robert R. Gagne, is an adult
individual residing at 14 Peach Drive, Lititz, pennsylvania
17543.
2. The Defendant, Katie Jo Lohr, is an adult
individual residing at 14 Maybelle Court, Mechanicsburg,
Cumberland county, Pennsylvania 17055.
3. On or about May 19, 1998, Plaintiff loaned to
Defendant the sum of Four Thousand ($4,000.00) Dollars. A copy
of the check from Plaintiff to Defendant evidencing said
$4,000.00 loan is attached hereto, and marked Exhibit "A".
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4. The loan from Plaintiff to Defendant took place
in Cumberland county.
5. At the time of entering into said loan, Plaintiff
and Defendant verbally agreed that the loan would be a demand
loan payable at any time upon demand by Plaintiff.
Exhibit liB"
6. Despite numerous demands, Defendant has failed and
refused, and continues to fail and refuse, to repay said loan to
Plaintiff.
7. On or about September 1, 1998, Plaintiff loaned to
Defendant certain newly purchased items of personal property.
8. The items of personal property which were loaned
by Plaintiff to Defendant are set forth below, together with
their respective values:
Hewlett Packard Laser Printer
GBC Binding Machine
Binding Supplies
$ 741.99
201.66
50.00
325.07
162.38
94.32
30.00
250.00
25.00
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Hewlett Packard Scanner
File Cabinet
Mapping Software
Clip Art Software
Office Supplies
Laminated Map, plus pens
9. Despite numerous demands, Defendant has failed and
refused, and continues to fail and refuse, to re'turn said items
of personal property, or pay Plaintiff the value thereof.
10. Plaintiff seeks payment from Defendant of the
value of said items of personal property,
WHEREFORE, Plaintiff requests judgment in his favor and
against the Defendant in the amount of $5,880.42, representing
the $4,000.00 loan, and the $1,880.42 value of the loaned
personal property, together with interest on the $4,000.00 loan
at the rate of six (6%) percent per annum from and after the date
of the loan, and together with costs of this action, a sum not in
excess of $25,000.00, exclusive of costs and interest, and
therefore bound for compul~ory dcbitration.
Respectfully submitted,
Date: 9i'O~~~{~F
FRIEDMAN AND
c.
rledman, Esqulre
600 N. See nd street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
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CERnnCATE,OESERV1CE
I, Nichole L. Myers, un uuthorizeu ugenl of Murtson Deurdorff Williul11s & Olio, hereby
eertify tlml u eopy oflhe foregoing Defenuunt's Motion to Consoliuute Pursuunt to Pu, R,C,P, 213
was served Ihis uute by depositing sume in the Post Office ut Curlisle, PA, first cluss muil, postage
prepuid, :Iddressed us follows:
Richard S, Friedman, Esquire
FRIEDMAN & FRIEDMAN
600 N, Seconu Street
Harrisburg, pA 17101
MARTSON DEARDORFF WILLIAMS & OTTO
By~v:du0 Yl /{tt.{f!X,J/
Niehole L. Myers (j
Ten East High Streel
Carlisle, PA 17013
(717) 243-3341
Dated: June 18, 1999
express authority to self-deal contrary to the best interest of
the corporation.
7. The allegations contained in paragraph 30 of the
Defendant's New Matter are denied as a conclusion of law.
Moreover, to the extent an answer is required, the plaintiff at
no time ratified the actions taken by Defendant, and at all times
complained about the impropriety of her actions.
8. The allegations contained in paragraph 31 of the
Defendant's New Matter are denied as a conclusion of law.
9. The allegations contained in paragraph 32 of the
Defendant's New Matter are denied as a conclusion of law.
10. The allegations contained in paragraph 33 of the
Defendant's New Matter are denied, Moreover, it is averred that
the Defendant was entitled to no funds and acted improperly to
her benefit and to the detriment of the corporation,
11. The allegations contained in paragraph 34 of the
Defendant's New Matter are denied. It is further averred that
Defendant was fully compensated for her period of employment, and
it is further averred that the corporation overpaid Defendant who
was not acting in her capacity as an officer and director of the
corporation in the best interest of the corporation and was not
devoting her full time and effort to the business of the
corporation.
12. The allegations contained in paragraph 35 of the
Defendant's New Matter that Defendant is still owed money by
Plaintiff are denied, Moreover, it is averred that Defendant
breached the material terms of her employment agreement with
Plaintiff and no setoff is owed.
13. It is denied that the payments not received by
Plaintiff were due to Plaintiff's financial mismanagement and due
to the actions of Robert Gagne. Moreover, it is averred that
payments were not received as a result of insolvency of the
purchaser and the Defendant at all times was in breach of her
agreement with Mr. Gagne and with the corporation.
14. The allegations contained in paragraph 37 of the
Defendant's New Matter are denied as a conclusion of law.
WHEREFORE, Plaintiff demands judgment in its favor and
against Defendant in the amount of $21,327.77, together with
interest and costs of the within action, a sum not in excess of
$25,000.00, exclusive of costs and interest, and therefore bound
for compulsory arbitration.
Respectfully submitted,
Date:~^^O~,,')()) (799
"'''~I~C.
Richard S. Friedman, Esquire
6UO N. Second Street
Penthouse suite
P. O. Box 984
HarriSburg, PA 17108
(717) 236-8000
f/p:pleadings\gagne,ans
it
,
,
THE LINDEN GROUP, INC.,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLMlD COUNTY, PENNSYLVANIA
v.
NO, 98-6811 CIVIL
KATIE JO LOHR,
CIVIL ACTION - LAW
Defendant
Date:
/)/,\ 14'~
Richard/S, rledman, Esqulre
600 N./Second street
Penthouse suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
PRAECIPE
Kindly mark the above-captioned matter as settled and
discontinued with prejudice,
Respectfully submitted,
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