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Home My WebLink About03-1505COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT co. o. ,.AS .. Ox- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned belo~ "1"o 'lR I p p /,. A~'GkE~C)~AF'~ELLANT This ~ck will ~ ~ ONLY ~n ~is ~fi~ is mqui~ u~e P~ R.CPJP. ~ # ~11~ ~$ ~LAI~ANT (s~ ~. ~.O.P.d.P. NO. 1008K This ~e of A~al, ~ ~ei~ by ~ District Justice, will ~ as a ~ 00 ~ (~) in ~i~ ~e Dis~ct d~ice, be MUST ~PERSEDEAS ~ ~ j~t ~ ~s~sd~ in this case FILE ~ OOMPLAINT within t~nly (~0) da~ a~er filing bis NOTICE ol A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (THi~ section o! form to L~ used ONLY when ~opell~nt wes D£F£NDANT (see 1>8. FtC. P.J.P. No. 1001 (7) in ection belore District Ju~#¢e. If: NOT U,~D, de~h from ¢o~y o! notice o! al~)e~l to be served ulx~n ~oellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No , appellee(s), to file a complaint in this appeal ~ame o~ al~e~e(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~ S/gnature o/a/~oe//ant or his attorney or agent RULE: To Ne~ne of appellee(s) , appe#ee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC312-90 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 filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L. .......................... ; SS AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on [] (date of service) ...................... ' ....................................... . '~'...~.-ii-~'""l~-~'~r-s~'~'~'~(;ice [] by (certified)(registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ............................................................................................................................. on [] by personal service FI by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on .......................................................................... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ......................... DAY OF .................................................... Title of official My commission exF, res on .............................................................................. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUt~~ Mag, Disl. No.: 09-3-05 DJ Name: Hon. GAY~E A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, PA Te~epho,e: (717) 766-4575 17055 TOM RIPPLE 900 MARKET ST C/O GREGORY KATSHIR, LEMOYNE, PA 17043 ESQ NOTICE OF JUDGMENT/TRANSCRIPT p,^,.-r,FF/j UDGMEC ASE 900 MARKET ST C/O GREGORY KATSHIR, ESQ ~EMOYNE, PA 17043 ~ VS. DEFENDANT~UDGMENTC~,A~?~DRESS FRHOAD~ II, BOB ~ 1160 W. TRINDLE ROAD APT#/SUITE# C MECHANICSBURG, PA 17055 DocketNo-: ~/'-0000022-031~ DateFiled: 1/29/03 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ _ oo Defendants are jointly and severally liable. Damages will be assessed on: ~----~ This case dismissed without prejudice. ~--] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ FOR DEFENDAN~ RIPPLR: TOM on: (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ .00 $ .oo $ .oo $ .oo $ .oo $ $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A "OTIC£ OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,~t3/03 Date eof t~~ rl -~0~ r~O~t h~e""~ro' , District Justice certify that this is a true and correct py p ceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . AOPC 315-03 SEAL 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) SWORN (AFF~IRMED) AND SUBSCRIBED BEFORE ME COMMONWEALTH OF PENNSYLVANIA ;,,_........ _.. .___.............~_ .,,_,.,.,,._,.,.,,__, ss AFFIDAVIT: I hereby swear or affirm that I served j~. copy of the Notice of ,Appeal, Common Pleas No. ~-',~- ~ ~ , upon the District Justice designated therein o,n_ (date of service) ~./~~ ................ _.--., ~-by pers~"~'~-~ice J]~by (certfied)(registered) mail senders rec.ei t tached ~e~i~'"'-an~ upon thene,~ elteel (n" / zz ,¢, i,~ ~ m. J , ' ' , pp ~ ame) ~-j~tlfi,. .... ~,,~l--,,... ,...-, ;~...[:,~.~ O.?, ....... .~,, _~._..;.. ~,b, p..erso,na, servic-e I]~'by (;~ertifieTd"i" ('iegiste-'~i)mail---~-'~ender's r~-"e~-eip, LC,~nd rurmer ma( ~ serveo ~ne h~ute ~o_ ~i~e a Corc~lai~t accompanying the above Notice of Appeal uponJhe appellee(s) to whom the Rule was addressed on .~! ~/~,.~__ , [] by personal service b certified re istered mail, sender's receipt attach~8~ ....... .................. till y ( ) ( g ) My commissior~ expires on.......~ NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendemcl by the District Justice an the date and in the case mentioned below. l~S& 1001(6 ) in ~ti~ ~f~ Ois~ict J~t~e, ~ ~ST ~ ~fice of A~I, ~ ~ei~d ~ t~ ~s~ ~s~e, ~11 ~ as a ~ERSEDEAS ~ ~ j~t ~ ~ssi~ in ~is case ~j~.:_- FILE A COM~AINT within ~ (20) d~ a~ filing h~ ~TICE of A~AL. S~a~m of ~y ~ ~y PRAECIPE TO ENTER RULE TO FILE COMPLAIHT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District JustiCe. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary , appellee(s), to file a complaint in this appeal Enter rule upon ~eme of app~e( s ) (Common Ple~ Nc~ ) within twenty (20) days aftra service of rule or suffer entry of judgment of non pros, RULE: To - -. , oppdlee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you I~. personal service or by ~ or registered maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WlLL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. · AOPC 312-90 COURT FILE m (Endc~sement Req Restricted Deliver/ Fee (Endorsement Req Jir,gd) Total Poatage & Fees 'b:~'~{~¢~,'2/~ ;~ ....................................................................... ................. Certified Mail Provides: · A mailing receipt · A unique identifier for your mailpiece · A signature upon delivery · A record of delivery kept by the Postal Service for two years Important Reminders: ' "~ ' · Certified Mail may ONLY be combined with First'-Class Mail or Criority Mail. · Certified Mail is not available for any clas$:?f international mail. · NO INSURANCE .C~OVERAGE IS PRov[DED with Certified Mail. For valuables,,j~ease cons?er Insured or Registered Mail. iFor an a(:Jc~itiO~al fee a Return Receipt may.be requested to pr~vid.e pr~oo.f of de veljOViC3 oUt~ n Return Receipt service pre·se complete ano a~tac, n a Neturn Recelfft~PE~ Form 3811) td the art c e and add applicable postage t~ cover the fee. En(~)rse ma p ece "R~turn Race pt Requested". To receive a fee waiver for a duplic~,te return receipt, a USPS posth~ark on your Certified Mail receipt is required,'~ FOr an add~ona t~e,' de very may .ibe ..restricted to the .address~,e..or addressee's authorized agent. Advise the clerk or mark the real,piece wire me endorsement "Restricted Delivery". · If a postmark on the Cer[ified Mail receipt is desired, please present the arti- cle at the post off ce for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 (Reverse) 102595-01-M-1049 Return Receipt (Endot~:~ment Requir~ (Endo~ement ReqUm~(, Total postage & ~e~f;?er; ~"/'aff Provides. Ii \ j~ i:d~. i t ~mi~ier for your mailpiece I ,~ r~c ora o teli,,e~y kept by the Postal ~f ?~l~ tce.¢ ,inders: Se~ice for two years t = r f ,~ I :~ ~ n ay ONLY be COmbined~with Fi~t-~l~ss Mai)"b¢ PriOrity Mail. a E ,~¢ i,~., ¢'4~, is ,.~(,,, avaffable for any class of international mail. m '~ ;~ ~E AGE IS ' ~ urea or~~i~.h Oem~fed Mail. For ,We~/.~o o~) ~ur · Receipt ma be ~ R~e/ "po h Receipt se ' equested to ' f~ E~.XI o~ 1) ~ th~ adi¢ ~ce P~ase corn ~V,~e proof of ~' L~u'~e ~] iec ' ' ~ ..... ,~ and ad . plete an~acn ~ ~uph~aie .=,.~P~ece. Return Recei~* ~-- d CPPhcable post= .... a Return re~ir=A ~.~,r rece~pf; a USP~ ~' 2~ques[ed'' To r¢¢~ -L'u~~tu COVer the 'r ~"*, ~: ¢~ , ~ pos~m~ on your r~.~ a re~ Waiver for a Forth ~d~i~ . . . - ...... ~ed Ma¢l recei t is addresS&, ~ma .:~, derive m P s aut~¢ed agent ~ . ay be. restricted t endorsement "Res~n'c. ted Defi;/~~se the C~erk or m o the. aCdressee o -.~ry ark the ma~lPCece · r w~th the · If a postm~trk or ft~'Ce~. '. . ' o, ¢or' 21H r¢oe. s ' '~isrotr*,= =~ ._. ~y~unarKng Ifa , ~uasepresentt d_~ uuraon and ,m.. ~_, . postmar~ o- *~ .... he a~l- ~,,,* ravel with nos,--" "? ~e~med Mail ~ .-~e and mail. IMPORTANT: Save t~is receipt and present il when makino an inquiry. PS Form 3~0C dapu~r, 2091 (Reverse2 102595-01-M_1049 Certified Mai/Provides: I~ A r~ailin~l 'eceipt II ,~ ~[~qLl(.~ identifier for your mailpiece Ii ~ ';:~natJr~ upon delive~ I~ A record c¢ deJive~ kept by the Postal Se~ice for two years a Ce l i~;e~,M~F~ey QNL~ be combined with First-Crass Mail or E~iority Mail. a Cedi'~d M~ snot available for any class of international mail. a NO ~NS~ANC OVERAGE . vai~l~, pieas~'~iderlnsure~%r%~r~.~[~h Cerh~ed Mail. For · e;('; ..- ,v,a,,. ?~t~¢~et.rn Receipt se~e -~¢, ~ue~t~d to ~r,vi~e proof of per, pi ~ 3811) to the ad c e an~ ~ ~m~?[e an~ a~cn a Return re~.. ~¢¢e~¢~'¢p ece 'Return Receipt ~e~.~DIe Pqs[agezo cover the a eup~iSa[e return r~i~t a U°~o ~_.~V~u . ~o receive a f~ waiver required~. . . ~., oro put, marK on your Cedifi~ Mail r~eiptf~[ · For an a~ ¢~,' delive~ may 'be restricted to ad~resse~'zed agent Advisetk~ ~1 ....... the..aCdressee or enoorsemen' "Restr/cted Defi~ery" ,,~ ~.~m or mark me mal~p~ece with the · if a postm~r~ on the Ce~ified Mail receipt is desired, lease present the ocli- cie at the po~ t office for postmarking, if a postmar~ on the Ced/fled Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipl and present it when making an inquiry. ~ PS Form 3¢00, Jaqua~/2001 (Reverse) 102595-01-M-1~9 j YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN W~ITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. "OU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WI PHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W iTHOUT FURTHER NOTICE FOR ANY IdIONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTI{ER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU ~AY LOSE MONEY OR PROPERTY OR OTHER RIGHTS I[~PORTANT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~ERLANDOOUNTYBAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717 249 3166 TOM RIPPLE ) Plaintiff ) ) VS. ) NO. 03-1505 ) BOB RHOADS, H ) CML ACTION LAW Defendant ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT AND NOW, comes the Plaintiff, Tom Ripple and files this Complaint upon a cause of action whereof the following is a statement: PARTIES Plaintiff, Tom Ripple (hereafter referred to as "Plaintiff') is an adult individual residing at 324 Equus Drive, Camp Hill, Pennsylvania, 17011. Defendant, Bob Rhoads, II (hereafter referred to as "Defendant") is an adult individual with an address of 1160 W. Trindle Road, Suite C, Mechanicsburg, PA 17055 3. In next paragraphs, plaintiff will provide sufficient facts to state cause of action: FACTS 4. February 6, 2002 - Plaintiff received a recruiting call from Defendant at place of employment, asking him if he would be interested in investing in his "shredder" business. Defendant was aware of the quality of PlaintiWs work because of some past networking with Plaintiff through his current employer. Although the information Defendant offered to Plaintiff via the phone was very vague, Plaintiff agreed to meet Defendant at his place of business in Mechanicsburg, PA in order to make better sense of the opportunity. 5. February 16a', 2002 - Plaintiff met Defendant at his place of business and spent 2-3 hours discussing why he was looking to bring a partner into his shredder/bailer business (Besco). Primarily, Defendant said that (after being in business for 30 years), he wanted to try to grow this part of the business as quickly as possible because his goal was to retire soon, and had no substantial source of retirement income. Defendant said that he needed someone who had solid business and salesmanship abilities, and could oversee the development of new business immediately. Defendant would move out of the daily activities of the business, and act as a consultant with lifetime ownership. Plaintiff found it to be very difficult understanding Defendant because he strained to express his thoughts and had a hard time focusing. Defendant discussed his successes as well as many hardships, including the fact that he had a tbrmer employee who embezzled significant company funds that Defendant took years to recover from, was still feeling the repercussions of. Plaintifflefi Defendant's office with many concerns and unanswered questions. and 6. Plaintiff did not meet again with Defendant regarding the "Besco" opportunity and made a decision not to pursue it based on the information discussed in February 16 meeting. Plaintiff called Defendant shortly (approx. 1-2 weeks) thereafter, informing him that he was not interested because of Defendant's financial difficulties and other concerns. Plaintiff thanked Defendant for giving him the consideration and wished him luck in his pursuit of an investor/partner. Plaintiff considered the discussion to be concluded. 7. Several months later (approx. May), Plaintiff was again approached by Defendant during a phone conversation to reconsider investing in Besco. Defendant claimed that he had not yet found a suitable candidate that compared to Plaintiff's credentials and integrity. Plaintiff felt that despite his concerns, he would at least agree to revisit the opportunity. Plaintiff requested from Defendant historical/current financial statements, a documented business plan for the division, and a clear picture of Plaintiff's potential role in the Besco company. Plaintiff waited for several weeks before Defendant provided him with the material. 8. July 6, 2002 - Plaintiff and his Wife, Gina Ripple both attended meeting with Defendant at his place of business to discuss potential investment opportunity. Plaintiff and wife questioned the financial viability of Defendant's business, especially showing concern for $200,000 tax liability showing on books. Defendant did not clarify Plaintiff's concerns but instead made a new revelation to Plaintiff and wife that the Besco opportunity no longer existed, and there was a new direction he wanted Plaintiff to consider in another division of his company concerning his recycling business (ARWS). Plaintiff was not knowledgeable in recycling and requested an explanation of the processes. Defendant made an attempt to explain. Plaintiff left meeting with a request from Defendant to make a proposal and come up with his own ideas and get back to him with concerns. 9.August 13, 2002 - Plaintiff met briefly with Defendant and his partner, Paul Sloninger at the Besco office for the purpose of making an acquaintance. General conversation was regarding Plaintiff' s concern about the partnership arrangement and where he might fit in the partnership. Plaintiff did not make a decision to invest, but requested Defendant to provide a detailed, documented partnership offer / agreement for Plaintiff to review and study. Defendant said he would discuss it with his legal counsel and arrange for a meeting. 10. August 22, 2002 - Plaintiff and wife met with Defendant and his attorney / legal Counsel, Craig Diehl in counsel's office in Camp Hill, PA. Attorney Diehl made an opening statement that while Defendant asked him to draw up an agreement, he did not know know exactly why he was invited to the meeting and that he had done very little work in preparing a partnership agreement. Attorney then presented Plaintiff and wife copies of a "boiler plate" limited partnership agreement that was not complete. Defendant and Attorney Diehl suggested to Plaintiff that he and wife Gina take the document home and make their own changes, suggestions and recommendations, and get back to them with concerns. 11. August 30, 2002 - Plaintiff met with Defendant in his Mechanicsburg office to review PlaintiWs comments and questions about the potential agreement. Plaintiff expressed serious concerns about partnership arrangement and the fact that Defendant made significant changes to the business operation since the beginning of the discussions. No definite conclusions were drawn. Defendant said he would have Attorney Diehl draw up potential "Buy-Sell" and "Non-Compete" documents. Plaintiff's potential financial investment was discussed for the first time in terms of the exact amount that would be required. Defendant informed Plaintiff that he wanted the total sum of $50,000, paid in full at the time of a contract execution. In return, Plaintiff would receive 1/3 interest in ARWS, as well as stock certificates representing the transaction. Plaintiff explained that he was not in a position to make such an offer. Plaintiff suggested that he could provide no more than $25,000 initially, and would present this amount to Defendant at the time that a contract was agreed upon and signed. The remaining balance of $25,000 would be paid to Defendant within one year after the agreement was executed. At this time, there was no agreed upon contract. Plaintiff and Defendant agreed to meet again to continue to refine details. 12. September 10, 2002 - Plaintiff and wife met with Defendant in Attorney Diehl's office to again discuss revisions. Meeting resulted in additional questions and concerns from Plaintiff regarding still unresolved areas of proposed agreement. It was agreed by all parties present that the proposed contract and all other documents still needed to be finalized. Plaintiff wanted all concerns to be clarified and documented before actually signing any documents of any kind but made an "goodwill" offering of $5,000 to show that he was serious about moving toward an agreed upon contract. Plaintiff inquired to Attorney Diehl about to whom he should write the check. Attorney Diehl said he had no interest in and that Plaintiff should discuss the issue with Defendant. Plaintiff asked Defendant if he should write the $5,000 check to ARWS. Defendant recommended that Plaintiff write the check to the order of Defendant personally, and in his name. Plaintiff did so, with the expectation that the check would be escrowed and held in reserve in the event that a contract was agreed upon and signed at a future date. Plaintiff also commented that the $5,000 payment would be deducted from the $25,000 initial investment payment, in the event that the contract was executed. Defendant accepted the check and agreed to Plaintiff's suggestions. Plaintiff received no receipt, company shares or letter of intent in return for his goodwill offering. Defendant made a comment to close the meeting that he wanted Plaintiff be ABSOLUTELY sure and comfortable on all issues before Plaintiff made a final decision to enter a partnership contract and to let him know if there were any other outstanding issues that might stand in the way. Defendant made a plan to finalize documents and get them back to Plaintiff, which he failed to provide. 13. Week of September 23, 2002 - Plaintiff called Defendant to inform him that his wife Gina had unexpectedly discovered a potentially serious health problem the week before, and that he would not be in a position to move forward because it could have a serious impact on Plaintiff' s family's financial and emotional well being. Plaintiff withdrew himself from consideration at that time and expected that Defendant would return his $5,000 offering. Defendant was sympathetic to news and tried to salvage Plaintiff's withdrawal. Defendant made a suggestion that Plaintiff take 30 days to see his wife through her health problem and also to tell him about any other issues that might sway Plaintiff's decision to withdraw from entering a contract. Plaintiff did not intend to change his mind and told Defendant that he did not expect any concessions on Defendant's part. Defendant INSISTED that Plaintiff take the 30 days and that Plaintiff should clear his mind of the contract negotiations and that they could re-open the dialogue once more in 30 days. Again, Plaintiff was not in favor of moving forward. 14. October 12, 2002. Plaintiff called Defendant and met with him in Defendant's office to again state that he would not pursue the opportunity and also to return all documents and materials provided to Plaintiff by Defendant thorough the course of the discussions. Plaintiff expressed that while his wife's health problem was ongoing, he finally concluded that he was ultimately not comfortable with the fact that ARWS was not an established entity afterall, and had only one existing account and it was not a viable enough business to make a $50,000 investment in. Defendant understood that Plaintiff's decision was final and graciously expressed his concern for Plaintiff's wife, wishing her well. Realizing there was no legal obligation on the Plaintiff's part since no agreement was ever reached, no documents were signed, Plaintiff made a fair offer of goodwill to help offset some or part of Defendant's legal costs in the amount of $500. Plaintiff based arbitrary amount of $500 on the statement made by Attorney Diehl that he did very little work on the project. Defendant then stated that he did not know what his legal costs were, but would find out and get back to Plaintiff. Three weeks passed and DEFENDANT never called Plaintiff. Plaintiff fully expected his prior goodwill offering to be returned to him in full, since Plaintiff assumed it was being held in escrow, as agreed upon earlier. 15. November 1, 2002 - Plaintiff called Defendant after 3 weeks since he had not heard from Defendant regarding $5,000 check Defendant was holding in escrow. Defendant informed Plaintiff that eventhough he could not tell Plaintiff how much his legal fees were, that he decided he was willing to return ½ ($2,500) of the escrowed amount to Plaintiff and that he would hold the other ½ ($2,500) in the event that the contract would be executed in the future. Plaintiff was adamant and very clear that there would definitely be no future contract and that this was not acceptable. Plaintiff asked Defendant to give him the legal basis of his decision, which Defendant was not able to do. Defendant became very confrontational and was not willing to have any further discussion. Plaintiff informed Defendant that he would seek other remedies including potential legal action. 16. November 14, 2002. In an attempt to avoid a legal confrontation, Plaintiff again made an attempt to settle issue without legal counsel. Plaintiff again called Defendant, increasing his offer of goodwill to $1,000 and that Defendant should return to Plaintiff only $4,000. Defendant stated that he would consult with Attorney Diehl and get back to Plaintiff the next day. 17. November 19, 2002. Plaintiff called Defendant since Defendant failed again to get back to Plaintiff. Defendant informed Plaintiff that Attorney Diehl claimed that Defendant had no obligations to return any of the amount whatsoever and should keep the entire $5,000. Plaintiff again asked Defendant to point out the legal ruling that would allow him to do so, since there was no accepted agreement executed, no documents signed, and no final deal made. 18. Plaintiff decided to seek legal remedy. WHEREFORE, Plaintiff claims damages of Defendant, Bob Rhoads, II in the amount of $5,000 plus costs and interest. Respectfully submitted, VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. TOM RIPPLE Plaintiff Vo BOB RHOADS, II Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-01505 CIVIL ACTION NOTICE TO PLEAD TO PLAINTIFF: You are hereby notified to plead to the enclosed Preliminary Objections of Defendant within twenty (20) days from service hereof or a default judgment may be filed against you. Dated: LAW OFFICES OF CRAIG A. DIEHL ~]~inda .~: Clotf~lter, Esquire ]Supreme Court I.D. No. 72963 ~ 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attomey for Defendant TOM RIPPLE Plaintiff V. BOB RHOADS, I1 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-01505 CIVIL ACTION DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Bob Rhoads II, by and through his counsel, Law Offices of Craig A. Diehl, and preliminary objects to Plaintiff's Complaint as follows: o I. Preliminary Objection Raising Failure to Conform to Pa.R.C.P. 1018.1 Upon information and belief, on or about April 11, 2003, Plaintiff filed the Complaint against Defendant. This specific filing date is unknown as Defendant was not served with a time-stamped copy of Plaintiff's Complaint. Plaintiff's Complaint was served upon counsel for Defendant by certified mail, although the specific date of service is not known. Plaintiff's Complaint as filed fails to conform to the Pennsylvania Rules of Civil Procedure. Plaintiff's Complaint as served did not have a Notice to Defend attached thereto in violation of Pa.R.C.P. 1018.1. Defendant's counsel was served by hand-delivery a Notice to Defend at a date subsequent to the service of Complaint by certified mail. 6. Defendant also preliminary objects to Plaintiff's Notice to Defend as being deficient pursuant to Pa.R.C.P. 1018.1 which designates the form to which a Notice to Defend must substantially conform. 7. Defendant objects to Plaintiff's Complaint as filed for failure to comply with Pennsylvania Rules of Civil Procedure 1018.1 and 1028(a)(2) which requires the attachment of a Notice of Defend that complies with the Pennsylvania Rules of Civil Procedure. 8. Under Pa.R.C.P. 1028(a)(2), a party may preliminary object by way of Motion to strike off of pleading because of lack of conformity to a Rule of Court. The appropriate form of relief is to strike the pleading of the nonconforming portions thereof. 9. Plaintiff's Complaint is defective under Pa.R.C.P. 1018.1 and 1028(a)(2) and must be striken. WHEREFORE, Defendant respectfully requests that Honorable Court grant Defendant's Preliminary Objections thereby striking Plaintiff' s Complaint due to Plaintiff' s non-compliance with Pennsylvania Rules of Civil Procedure. II. Preliminary Objection Raising Failure to Conform to Pa.R.C.P. 1019(h) and 1028{a)(2) 10. Paragraphs 1 through 9 are incorporated herein as fully set forth herein. 11. Plaintiff's Complaint fails to conform to Pennsylvania Rules of Civil Procedure in that same fails to comply with Pennsylvania Rule of Civil Procedure 1019(h) which requires that any agreement be specified as oral or written. 12. Plaintiff seems to be alleging that some type of agreement existed, yet Plaintiff has not specified if the agreement is oral or written nor has he specified the terms thereof. As a result, Plaintiff's Complaint is defective. 13. Under Pa.R.C.P. 1028(a)(2), a party may preliminary object by way of Motion to Strike Pleading because a lack of conformity to the Rules of Court. 14. Plaintiff' s Complaint must be striken as Plaintiffhas not properly alleged the nature of the agreement between the parties. WHEREFORE, Defendant respectfully requests that Honorable Court grant Defendant's Preliminary Objections thereby striking Plaintiff' s Complaint due to Plaintiff' s non-compliance with Pennsylvania Rules of Civil Procedure. Ill. Preliminary Objection Raising Failure to Conform to Pa.R.C.P. 1025 and 1028(a)(2) 15. Paragraphs 1 through 14 are incorporated as set forth herein. 16. Plaintiff' s Complaint is deficient because it is not properly endorsed as required by Pennsylvania Rule of Civil Procedure 1025. 17. Pa.R.C.P. 1025 requires that the Complaint be endorsed with the name and address of the Plaintiff when not represented by counsel. 18. Plaintiff's Complaint is deficient because it does not include his address and telephone number as required by Pa.R.C.P. 10251. 19. Under Pa.R.C.P. 1028(a)(2), a party may preliminary object by way of Motion to Strike Pleading because of lack of conformity to Rule of Court. 20. Plaintiff's Complaint must be striken as same is not properly endorsed as required by Pa.R.C.P. 1025. WHEREFORE, Defendant respectfully requests that Honorable Court grant Defendant's Preliminary Objections thereby striking Plaintiff's Complaint due to Plaintiff' s non-compliance with Pennsylvania Rules of Civil Procedure. IV. Preliminary_ Objection Raising Legal Insufficient of Pleading (Demurrer) 21. Paragraphs 1 through 20 are incorporated as set forth herein. 22. If Plaintiff' s Complaint as alleged to admitted to be true by Defendant, same does not set forth a cause of action upon which relief can be granted, because the allegations of same are insufficient for the Plaintiff to proceed upon or require Defendant to answer. 23. Due to the insufficiency of the allegations of the Plaintiff' s Complaint, the Complaint must be dismissed for failure to state a claim upon which relief may be granted. 24. Under Pa.R.C.P. 1028(a)(4), a party may preliminary object by way of Motion to Strike Pleading for failure to state a claim upon which relief may be granted. The appropriate form of relief is to strike Plaintiff' s Complaint. WHEREFORE, Defendant respectfully requests that Honorable Court grant Defendant's Preliminary Objections thereby striking Plaintiff' s Complaint due to Plaintiff' s non-compliance with Pennsylvania Rules of Civil Procedure. V. Preliminary_ Objection Raising Inclusion of Scandalous or Impertinent Matter 25. Paragraphs 1 through 24 are incorporated herein as set forth. 26. Plaintiff's Complaint as filed violates Pa.R.C.P. 1028(a)(2) in that it includes throughout scandalous or impertinent matter that should be striken. 27. Due to the inclusion of sufficient amount of scandalous or impertinent matter in Plaintiff's Complaint, it must be dismissed due to it's violation ofPa. R.C.P. 1028(a) (2). 28. Under Pa.R.C.P. 1028(a)(2), the appropriate form of relief is to strike Plaintiff's Complaint. WHEREFORE, Defendant respectfully requests that Honorable Court grant Defendant's Preliminary Objections thereby striking Plaintiff's Complaint due to Plaintiff' s non-compliance with Pennsylvania Rules of Civil Procedure. Respectfully submitted, Dated: LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 17011 (717) 763-7613 TOM RIPPLE : Plaintiff : V. : BOB RHOADS, II : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-01505 CIVIL ACTION CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a tree and correct copy of the Defendant's Preliminary Objections to Plaintiff's Complaint was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Tom Ripple 324 Equus Drive Camp Hill, PA 17011 LAW OFFICES OF CRAIG A. DIEHL Date: L~cy~A. ~a~} Lega~sis~a~t 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 TOM RIPPLE Plaintiff V. BOB RHOADS, II Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 03-01505 CIVIL ACTION PRAECIPE TO SETTLE, DISCONTINUE AND END TO: THE CUMBERLAND COUNTY PROTHONOTARY Kindly mark the above-captioned case SETTLED, DISCONTINUED and ENDED, with prejudice. Date: By: ~7~ )~ ~ / Top/Rifle, l~ro Se 324 Equus Drive Camp Hill, PA 17011 (717) 774-8090 LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A.//Diehl, Esquire Attorney No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant