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Home My WebLink About01-2664 FX ,. - III In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division v. } No. 01-. .;).b(,L.( } } } } Judge } } } } } } } Jury Trial Demanded C~~L 't~ Michael A. Shaffer, Plaintiff, Susan Graybill as an individual llnd as Administratrix of the Estate of Dennis M. Graybill; Minuteman Press International, aNew York corpor- lltionj and Robert Emmett Defendants. NOTICE TO DEFEND Notice You have been sued in court. If you wish to defend against these claims, you must take action within twenty (20) days after this complaint and notice are served by entering an appearance personally or by an attorney and filing in writing with the Court your defenses or objections. You lire 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. A judgment may also be entered against you for any other claim or relief requested by the plaintiff. You may lose Illoney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 :~-~_."..,... - - _"'" ---, 'f"- ,~ - "\IlI~11_ '-I ,-, c ~~.,. . j A VISO Usted ha sido domandado en corte. Si usted quiere defenderse en contra de estas demandas, usted debe tomar accion dentro de viente (20) dias despues que esta queja y aviso sean servidos, registrando una comparacencia personalmente 0 por su abogad y llenando en esccrito en la corte su defensa u objectiones con la corte. Usted esta advertido que si fallah de hacerIo, el casa puede seguir sin usted y un desicion pued ser registrado en contra suya por la corte sin ningun otra aviso. Ademas, la corte pued decidir a favor del demandante y requiere que usted cumpia con todas Ias provisiones de esta demanda. Usted puede perder dinero 0 sus propriedades u otros derechos importante para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO NO PUEDE PAGAR UNO V AYA 0 LLAME POR TELEFONO A LA OFFICINA ESCRITA ABAJO PARA A VERIGULAR DONDE USTED PUED CONSEQUlRE ASSIST ANCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ;~!!lII _1'- Il , f . , \ "= . In the Court of CommOn Pleas of Cumberland County, Pennsylvania Civil Division Michael Shaffer, Plaintiff, } No. r7J- .2((,1 ~ } } } } } Judge } } } } } Jury Trial Demanded -.- J~ v. Susan Graybill as an individual and as Administratrix of the Estate of Dennis M. Graybill, Minuteman Press International, Inc., and Robert Emmett Defendants. Complaint in Law with Action for Declaratory Judgment Comes now Plaintiff and complains of each Defendant as follows. Parties, Jurisdiction and Venue I. Plaintiff is Michael Shaffer who resides at 88 Bentz Mill Road, East Berlin, P A 17316. 2. Defendant Susan Graybill is an individual who operated a Minuteman Press franchise in Lemoyne, P A, and may be served in person at 1145 Highland Drive, Mechanicsburg, P A 17055. 3. Defendant Susan Graybill as Administratrix of the Estate of Dennis M. Graybill, deceased, may be served in person at 1145 Highland Drive, Mechanicsburg, P A 17055. 4. Defendant Minuteman Press International, Inc. (hereafter MMPI) is a New York corporation with its home office in Farmingdale, New York. It may be served by certified mail addressed to its registered agent, Peter T. Bauer, General Counsel, Minuteman Press International, Inc., 1640 New Highway, Farmingdale, NY 11735. 5. Defendant Robert Emmett is an individual and representative ofMMPI and maintains ., .~ _.,. "co _ '_lr_ . ,~ I' 1 "40 an office in Wayne, P A. He may be served in person at 489 Devon Park Drive, Suite 307, Wayne, PA 19087. 6. The court has jurisdiction over these proceedings because the Minuteman Press franchise sold to Plaintiff by Defendants Graybill is located in Cumberland County and the amount in controversy exceeds the minimum jurisdictional amounts of the court. 7. The court has venue over these proceedings because all or part of the cause of action arose in Cumberland County and Defendants Graybill maintained a place of business in Lemoyne, Cumberland County, PA, and reside in Cumberland County, PA. Facts Common to All Counts 8. On or about August, 2000, Defendants Graybill were operating a Minuteman Press franchise in Lemoyne under contract with Defendant MMPI. Defendants Graybill were desirous of selling the franchise to Plaintiff and did so on September 6, 2000. Plaintiff entered into various contracts with Defendants Graybill, Defendant MMPI in pursuance ofthe purchase of the franchise. Count I 9. This count sounds in tort. 10. Throughout the relevant time frame alleged in Paragraph 9, all Defendants entered into a conspiracy with one another to unload a failing business on Plaintiff by agreeing to materially defraud Plaintiffby falsely inducing him to enter into a contract to purchase and to purchase the Minuteman Press franchise located in Lemoyne, P A. Defendant Emmett was the regional representative of Defendant MMPI and had authority speak for and to bind the corporation. ,.-""-'=. ~*,o ,~ ,", - ,~ 1'1. T , .. 11. Defendants Graybill were the owners ofthe franchise. Defendants Graybill made material misrepresentations as to the financial viability of the fraochise and these were made to falsely induce Plaintiff to purchase the Minuteman Press franchise ofLemoyne as an ongoing and viable enterprise with sufficient income to pay expenses and support the store owner and two employees. 12. Defendaots Graybill conspired with one aoother, MMPI and Emmett to represent the Lemoyne franchise as a viable entity that would make a profit aod that Plaintiff would start seeing those profits within three months. Defendants Graybill materially misrepresented the financial viability of the Lemoyne fraochise. Defendants MMPI and Emmett materially assisted Defendants Graybill to do so. Defendants MMPI and Emmett also made material misrepresentations to induce Plaintiffto purchase the franchise and materially assisted Defendants Graybill in unloading an unprofitable franchise on Plaintiff; these misrepresentations were made by Defendant Emmett, MMPI's regional representative. 13. The following misrepresentations were made by one or more of the Defendants: a. Defendants Graybill materially misrepresented the financial viability of the Lemoyne franchise by representing that monthly operating expenses were in the range of$7,000.00 when in fact monthly operating expenses were in the range of$12,000.00. Plaintiff expressly obtained copies of the checks written for expenses by the franchise and refused to purchase the franchise because the operating expenses were too high at $12,000.00 per month. Defendant Emmett represented to Plaintiff in response that many of the checks were for personal expenditures and that the operating expenses for the fraochise were only $7,000.00 per month. Defendants Graybill confirmed Emmett's misrepresentation. This was a very material factor to Plaintiff because the franchise's monthly income was only in the $5,000.00 ~_"'J .,'" ., 1-.1 , ~ ~ ~-- - ~ -~- .. range, b. Defendant Emmett materially misrepresented the financial viability of the Lemoyne franchise by representing that Plaintiff need earn only $2,000.00 per month over and above what the franchise was bringing in in order to make a profit when in fact Plaintiff needed more than $7,000.00 more per month in gross sales just to break even. c, Defendants MMPI and Emmett materially misrepresented to Plaintiff the financial viability of the Lemoyne franchise by making the same representations as set forth in Paragraphs 13a and 13b. Said Defendants conspired with Defendants Graybill to make these misrepresentations. d. Defendants MMPI and Emmett materially misrepresented to Plaintiff that he would not only be able to meet expenses within a very short period of time but that he would also realize a gross profit of 30% of gross sales within that same time merely by following MMPI's marketing program, which was to make twenty new contacts per day. Plaintiff did so but was unable to make a profit on the franchise. e. Defendants MMPI and Emmett materially misrepresented to Plaintiff that the only reason why the Lemoyne franchise was not already making a profit was because Defendant Dennis M. Graybill, now deceased, was not able due to his poor health to make enough marketing calls to generate additional sales. 14. Plaintiff was damaged by these misrepresentations in the loss of the amounts that he paid to Defendants Graybill to purchase the franchise, in the amounts that he paid Defendant MMPI for the transfer ofthe franchise and to attend its school for new owners, and in the loss of working capital and the amounts that had to be borrowed to operate the franchise from month to month. Consequential damages were suffered by Plaintiff in the amounts that he could not earn t'_~__, ~_ _, -" I ' 1<;':;1!jifj JJ .. because he was devoting his fun time to operation of the franchise instead of his former employment as wen as amounts he owes to his landlord and Textron Financial Corporation from contracts that were necessitated by his purchase of the franchise. Further consequential damages stemmed from the inevitable loss of credit reputation when he was unable to repay the money he borrowed to keep the franchise operating from month to month. Count II 15. On or about September 1,2000, Plaintiff entered into a written contract with Defendant MMPI which was labeled as the Franchise Agreement. Immediately upon entering the Agreement, Plaintiff was sent to New York for an explanation of what to do to make the franchise viable. He was promised in writing all needed technical assistance and advice. This assistance and advice was based on the express corporate formula that if the franchisee did what MMPI told him to do, he would meet expenses and make a profit. Plaintiff was expressly told by MMPI that all he would have to do was manage the franchise, make twenty cold calls a day, leave an work to the employees, and, by doing so, he would make significant profits. These promises were made in order to induce Plaintiff to enter into the franchise agreement and were again made in the training school in New York. These promises were made in the Franchise Agreement or were made in supplementation of the written agreement or were made in order to induce Plaintiff to enter into the written agreement. In other words, follow our program and you win realize a pretax profit of one third of your gross sales. 16. These promises were breached by MMPI. At no time was the income from the franchise sufficient to even meet expenses and within six months of purchasing the franchise, Plaintiff was forced to close his doors due to excessive expenses. 18. Damages that flow from these breaches of contract and false promises include the ~ 4 1'~-1 - 'JJt~ " loss of the money that was paid to MMPI to transfer the franchise to Plaintiff and send him to training school in New York. Consequential damages include the loss of what was paid by Plaintiff to the franchise owners to purchase the franchise, the loss of operating capital, the waste of the assets of Plaintiffs franchise, and the various contractual payments needed to pay the landlord and the equipment lessor. Further direct damages resulted from the extreme mental anguish suffered by Plaintiff which were intentionally inflicted as the result of the torts alleged in this Complaint. These damages are in an amount in excess of the minimum jurisdictional limits of the court. Count III 19. Defendant MMPI would not transfer the franchise to Plaintiff without first receiving a financial application from the Plaintiff calling for a disclosure of all assets.. After reviewing Plaintiffs financial statements, MMPI caused the sale ofthe franchise in Lemoyne to Plaintiff and transferred the franchise to Plaintiff and caused him to expend significant amounts for training and for anticipated losses from operation of the franchise within the first three months. 20. Having required Plaintiff to submit a financial application listing all assets of Plaintiff, Defendant MMPI at all times material to this Complaint, knew or should have known that Plaintiff had insufficient income and assets to operate the franchise for even the three months at the end of which Plaintiff was promised that he would be making profits. As the superior bargaining party, MMPI was under a duty to disclose to Plaintiff that he had insufficient income and assets with which to purchase the Lemoyne franchise. This negligence on the part of MMPI caused Plaintiff to suffer not only monetary damages but also an entitlement to damages for extreme emotional distress in amounts in excess of the minimum jurisdictional limits ofthe court. , .1"..., -fI!'i! ~, ~'"""I "T . ~ , ,,~~- .... I verify that the facts contained in the Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification. /'J'J / May 1,2001. ~ ~_ ~_ _'C :. ". ;;c",- . ~I 'r ' ~~- - ~c . '" 20.1. Plaintiff has further been consequentially damaged by these defendants in an amount in excess of the minimum jurisdictional amount of the court for extreme mental anguish intentionally inflicted upon him as the result ofthe loss of his life savings. Count IV 22. Each ofthetorts complained about were committed with such deliberateness and willfulness and in such reckless disregard of the rights of Plaintiff so as to entitle him to punitive damages in an amount in excess of the minimum jurisdictional amounts of the court. Incorporation by Reference 23. Each Count hereof is incorporated in each other Count by reference. Each Paragraph hereof is incorporated in each other Paragraph by reference. Wherefore, Plaintiff prays that after trial hereof, he be awarded actual and consequential and punitive damages, each in an amount in excess of the minimum jurisdictional limits of the court against each defendant and against all defendants jointly and severally for their joint misconduct and for such other and further relief in law and in equity to which Plaintiff may be justly entitled. Respectfully Submitted, 1;4IMl~ Robert J. White Counsel for Plaintiff PBN 32487 PO Box 3005 York,PA17402 (717) 699-4534 FAX (717) 699-2895 Verification .. . ~ -. - - - .---- - --,,---_. -, ,------_.,-----~-,,- 'C"" ~'--"--~- . . , - - - - . - ------- -,,-~, ----- .,,~---- -,;[~ - ..".,!II ., , I "" IT' > F' o g , >'., ", ,.... -, .... -..., , .\ , , ~f),~. -~,-.-,-. ,.....; -OJ 40 .."" ~. '. In the Court of Common Pleas of Cumberland County, Pennsylvania Z. (J4 I CiviJ.19 ..........;...,,"'...,. -",I!',.~,~~j;C;...":"': YS. No. If> / - "Zb~ f'" 7~~~ . i---1;f/Z~... . 1~ ... 'o~./listr~ft_.. f3e. L.~~~"""~~."'!"~''''''i':~''' ,''-'' _ Of' '.. 2:~~ ~ -~_~-,.." !.o;-.-::._- ~. . u...r'<>._',,' .......;~M::,j.,.;;,_~~_'i'l!J..~!f-.~:.,. """'",~'-!!f!-'-""'<- ;-_".Jij;t~-~~"~ "",c--., !l" ,.~ ,-.--<~ "",,''''' .:..i.<._ .... '~..L<.'~*,.i;.,:~:t,....~~..~_~'P.,;,;,;,"i!f~~?,~~~"'i~~-"r:f,-'~_ "';- . ".,,,-,~k/ '_",:,:':' ~_.<~;;':~Lj.-, '..~, .~i -.<;-~~J" .,.;-.;-;;<:.ni,;.....-;~--:'''''p; . - ._n__. ':;'::C.,::;.!t'-. .........j.._-~ <...~_.........._-'"". ~\~!";. .,,,,,'..-' . "'.',r:: ,,,'.., J~", __ "_', ~~_~ .-r~~"";'f!:.:.'=-'.~."".'~..-'-'i'#:c~"'!':. "'-:--"'-!o'""!":,~'\'-".".,~_ -~"..,.:-: -----'T',."-~o-- - . ,-_";~_~\>".iil!!'_.-- .. ..._..:_:--"..:.;o.,~.~~~~-'i!~.":;':';<::-'h:'lil.!f:'''"'''':;;''",,,;,: >:i~'f""""~'" .~.' .,"'-:.. '~-'~-'~"w..':.t'~,:~;:;;~";;" . '-....- ,,,.., .~""" u. ....-..i.. __-~".=--,~~..--,r)'k~.'_"-;''''~ ';-i'.,:'~_~~~fJ._M' ,>'1."7:-:....'~"r-t'~~:l' ...~~. .e'J', S!-.~. ,I' _.....:..!...~ ~",~",c. ---"f' To .=<~~'-~'"~~S~\~'~Prothoni:>fury __~ w~~u~ ,'!!'t_~'l",_'-'"',~-,!!'19 /f?~/~ Attorney for Plaintiff , . . .' - " ' . -~ - . ... ~~~~~_~! ':_i;;i;t.i-~ ; :' . , . '"-Z. ~,' l~.~~'~,'"~,~-':'.;....',,.' -- , .. ~;""':<'J.: ~ "~~'!:'!:~~'" ?:;'-!-t:;--,::, ~.k,~-~ ,~~ '=- ~,.~. . ~.-- - -- . , , ~ ~ " t " k' . -.' ~,t.. ~,'-_ ~,~ ~ ~l ~! ~.~r~ ~-.~, '~ , In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Michael A. Shaffer Plaintiff, }No. 01 L(;.t;;-V {!;J/;/ /C-r/?1 } } } } Judge } } Jury Trial Demanded v. Susan A. Graybill, et a\., Defendants. NOTICE TO DEFEND Notice You have been sued in court. If you wish to defend against these claims, you must take action within twenty (20) days after this complaint and notice are served by entering an appearance personally or by an attorney and filing in writing with the Court your defenses or objections, 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. A judgment may also be entered against you for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. York County Lawyer Referral Service 137 E. Market Street York, PA 17401 (717) 854-8755 ~ ,~,~ ,-~ - 1--\ , . no, b'll">~ ~ , AVISO Usted ha sido domandado en corte. Si usted qui ere delcnderse en contra de estas demandas, usted debe tomar accion dentro de viente (20) dias despues que esta queja y aviso sean servidos, registrando una comparacencia personalmente 0 pOl' su abogad y llenando en esccrito en la corte su defensa u objectiones con la corte. Usted esta advcrtido que si fallah de hacerlo, el casa puede seguir sin usted y un desicion pued ser registrado en contra suya por la corte sin ningun otra aviso. Ademas, la corte pued decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propriedades u otros derechos importante para LIsted. USTED DEBE LLEV AR ESTE DOCUMENTO A S V ABOGADO NO PUEDE P AGAR UNO VAYA 0 LLAME POR TELEFONO ALA OFFICINA ESCRlTA ABAJO PARA A VERlGULAR DONDE USTED PUED CONSEQ VIRE ASSIST ANCIA LEGAL. York County Lawyer Referral Service 137 E. Market Street York,PA 17401 (717) 854-8755 == -. ~ 'I,_~~" , "- In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Defendants } No. 2001-2664 Civil Term } } } } } } } Jury Trial Demanded Michael A. Shaffer Plaintiff, v. Susan Graybill et a!., Plaintiffs First Amended Complaint with Action for Declaratory Judgment Comes now Plaintiff and amends his Complaint with Action for Declaratory Judgment and states the fol1owing additional causes of action: Count VI 32. Plaintiffs Complaint is incorporated herein by reference, the same as if fully set forth herein. 33. In the Disclosure Document of Minuteman Press International, Inc. which which was required by FTC rules and is dated August, 1999, the following disclosure is made on page 12 about an FTC action against Defendant MMPI and others: Federal Trade Commission. Plaintiff. v. Minuteman Press International. Inc.. Soeedv Shm-A-Arama. USA. Inc.. Roy W. Titus and Jeffrev Haber. Defendants (CV 93-2496) Filed on June 4, 1993, in the United States District Court, Eastern District of New York. On December 18, 1998, an injunction was filed prohibiting the Defendant's excluding Haber from doing the fol1owing: A. Making, or assisting in the making of, expressly or by implication, oral1y or in writing, to any prospective franchisee any statement of past, present or future sales, income, or gross or net profits of any existing or prospective franchisee or group of franchisees, unless at the time of making such representation the defendant possesses written material that provides a reasonable basis for the representation. B.Violating any provision of the Rule 16 C.F.R. Part 436 or the rule as it may later be amended and the disclosure requirements of the UFOC in effect at the time. '-'~J~r~;;;1t'J!ili!l.iWi\,...... ~ _ "._ ,v_ 11'-' ,.= C. Assessing or collecting a transfer/training fee from any franchisee who sells or assigns its franchise unless the selling franchisee received a copy of a disclosure statement indicating that such fee would be charged. D. Failing to monitor and investigate any complaints about compliance with the rule or the injunction. E. To cooperate with the Conunission in the enforcement of this injunction. Section A of this disclosure relates to precisely the same marketing methods and misrepresentations that are set forth in Counts I through IV of the Plaintiff s Complaint, which are incorporated herein by reference. The disclosure omits material facts and is affirmatively misleading. 34. Defendant MMPI's misrepresentations, omissions, false statements, actions and inactions violate state blue sky laws, federal FTC rules, federal securities laws, the criminal law of the Conunonwealth ofPeunsylvania, and federal criminal law. Not only has MMPI violated civil law but also criminal law in the manner in which it falsely induced Plaintiff to purchase the existing Minuteman franchise in Lemoyne. 35. Defendant Enunett materially assisted MMPI to do or fail to do those actions set forth in Paragraph 34. 36. Defendants Graybill mayor may not have assisted MMPI and Enunett to do or fail to do those actions set forth in Paragraph 34. Defendants Graybill materially assisted Defendants MMPI and Enunett to market by unlawful methods as set forth in Counts I through IV ofthe Plaintiffs Complaint and has therefore assisted the latter Defendants to violate state blue sky laws, federal FTC rules, and federal securities laws and state and federal criminal laws.. 37. In particular, the following written misrepresentations or omissions to state material facts needed to make the misrepresentation true have been made or not made with respect to the Disclosure Statement disclosure of then existing litigation as set forth in Paragraph 33: ':~~,_ ~,~ ,~c~,!,,'m """1,] a. MMPI and Emmett failed to disclose that the FTC was complaining about the precise marketing methods that MMPI and Emmett used in the marketing of existing franchises to particular franchisees, all as more fully set forth in Counts I through IV, which are incorporated herein by reference. b. MMPI failed to disclose the full nature and extent ofthe relief sought by the FTC by omitting all those disclosures set forth in Paragraph 34, in particular the fact that the FTC was attempting to prohibit it from marketing any existing franchise in the manner in which the Lemoyne franchise was marketed to Plaintiff as more fully set forth in Counts I through IV, which are incorporated herein by reference. c. Defendants Graybill, MMPI and Emmett failed to disclose to Plaintiff material financial information as required by the FTC request for injunctive relief when Emmettt falsely told Plaintiff that the Graybill expenses to operate the franchise were about $7,000.00 per month and made the other misrepresentations set forth in Counts I through IV. d. MMPI failed to disclose to Plaintiff that the FTC was alleging that MMPI and others were liable for false and misleading claims about earnings, gross sales and profitability levels. Emmett and unnamed co-conspirators in the home office ofMMPI were making those same false and misleading claims to Plaintiff. Defendants Graybill were materially assisting Emmett to do so. e. MMPI failed to disclose that the litigation involved FTC claims that it and its officers violated federal consumer protection and franchise disclosure laws f. MMPI failed to disclose that the FTC was complaining about sales pitches made by MMPI to prospective franchisees about gross earnings and profits they could expect to see by buying and operating MMPI's quick print and sign shops. ~- ~-~_." ,~ ,. ~I I' ~'I ~ , g, MMPI failed to disclose that the FTC was seeking hefty monetary damages to those prospective franchisees who suffered monetary damage from the violation of the federal consumer protection and franchise disclosure laws. h. MMPI failed to disclose that the FTC accused MMPI and its sales force of an unlawful pattern of providing false and unsubstantiated information about earnings to people interested in buying one ofMMPI's franchises. i. MMPI failed to disclose that the FTC was attacking its written disclaimer statement that no earnings claims were made or authorized by MMPI as being unenforceable in the FTC action. j. MMPI failed to disclose that the contradiction between its written disclaimers and a franchisor's actual practices was a violation of the FTC Act. The actual practices in this case were committed by Defendants Graybill, MMPI and Emmett.and certain unnamed co- conspiratorss in MMPI's home office. k. MMPI failed to disclose that the FTC was complaining about the common-sense net impression from its actions in marketing its franchises that the purchaser was being furnished important specific earnings claims information to assist in the decision making process, notwithstanding the general disclaimers about earnings.. 38. Defendants are therefore estopped from relying on their disclaimer clauses in their contracts with Plaintiff as a defense made to the claims of Plaintiff by collateral estoppel and their own misrepresentations made as part of a common scheme to defraud purchasers ofMMPI franchises that the purchaser was being furnished important specific earnings claims information to assist in his decision making process and then forcing the purchaser to sign a bald faced lie that the precise information had not been provided. Plaintiff. The conspiracy between :''ffIj1!li'!""="!''",,,r'" -~, .~- _ -I'" --"1~-'''!l " l~~~,r - Defendants Graybill, Emmett and MPI was so specific that all Defendants are liable for all misrepresentations and the actions and inactions of one another, the same as if they had performed the misrepresentations, actions and inactions as an individual. Count VII 39. This Count sounds in equity. 40. Plaintiff was presented with a written Franchise Agreement which affirmatively requires him to seek non-binding arbitration of his claims against MMPI. This clause is a contract of adhesion, since Plaintiff simply had no bargaining power when he entered into the Agreement. The contract was dictated by MMPI on a take it or leave it basis; no input from Plaintiff was permitted; this clause is required of all who wish to purchase a franchise from MMPI. In addition, under all the circumstances ofthis case, it would be inequitable to enforce this provision of the contract because this clause was designed by MMPI to further its unlawful schemes and activities as set forth in the other Counts ofthis action 41. Plaintiff aks the court for a declaratory judgment canceling that clause ofthe contract and for rescission ofthe contract. Wherefore, in addition to the relief requested in Plaintiffs Complaint with Action for Declaratory Judgment, Plaintiff requests such other and further relief at law and in equity as arise from these additional Counts together with a declaratory judgment that the arbitration clause ofthe MMPI contract with Plaintiff be rescinded. Notice to Plead Plead to the First Amended Complaint within 20 days of service or default judgment may be entered against you. . . ,. ,- - ,-, "- ~ "-. ~----~-~ --~,--~---,-------------- - '. ~ ,.,,'--=-~' . " = \ , Respectfully Submitted, 1,d/ ~ Robert J. White Counsel for Plaintiff PO Box 3005 York, PA 17402 (717) 699-4534 FAX (717) 699-2895 Certificate of Service The undersigned certifies that he has mailed a copy of this First Amended Complaint with Action for Declaratory Judgment to each Defendant on May 19, 2001 by first class mail addressed as follows: MMPI by serving Peter T. Bauer, General Counsel, Minuteman Press International, Inc., 1640 New Highway, Farmingdale, NY 11735 Defendant Robert Emmett at 489 Devon Park Drive, Suite 307, Wayne, PA 19087 ~4/~ Robert J. White Verification I verifY that the facts contained in this First Amended Complaint with Action for Declaratory Judgment are true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification. Michael Shaffer :.,.. -- '!~4,,:I'!W ~ - , -~ ' I,' ." "~.' ,.< ".~~ ---~~ f BUCHANAN INGERSOLL 'pROFESSIONAL CORPORATION By: Harris J. Chernow PA J.D. No.: 52577 By: Arthur L. Pressman PA I.D. No.: 10124 By: John J. Jacko, III PA J.D. No.: 67477 Eleven Penn Center, 14th Floor 1835 Market Street Philadelphia, PA 19103-2985 (215) 665-3854 Attorneys for Defendants Minuteman Press International, Inc. and Robert Emmett Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. SHAFFER, v. DOCKET NO.: 2001-2664 SUSAN GRAYBILL AS INDIVIDUAL AND AS ADMINISTRATRIX OF THE ESTATE OF DENNIS M. GRAYBILL;. MINUTEMAN PRESS INTERNATIONAL, INC., and ROBERT EMMETT, Defendants. NOTICE THAT ACTION HAS BEEN REMOVED TO: Prothonotary Court of Conunon Pleas Cumberland County, Pennsylvania Robert J. White, Esquire P.O. Box 3005 York,PA 17402 Marvin Beshore, Esquire Milspaw & Beshore 130 State Street P.O. Box 946 Harrisburg, P A 17108-0946 PLEASE TAKE NOTICE that on this 13th day of June 2001, Defendants Minuteman Press International, Inc, ("Minuteman Press") and Robert Enunett have, pursuant to federal law, filed with the Clerk ofthe United States District Court for the Middle District of Pennsylvania, the attached copy of their Notice of Removal in the Court of Common Pleas of Cumberland County, Pennsylvania. Pursuant to 28 U.S.C. 9 I 446(d), this court is respectfully requested to =- - - -- -. ,-.-.- -- - -~=-::--=---,---_._- . ~""'~'""'F",:j!~U~.. 1Jj[. - I ~ ". 11 ,~ ,-,,.....,, " proceed no further in this action, unless and until the action is remanded by the United States District Court. Notice of the Removal has also been given to all of the other parties in this action, This action was removed to the United States District Court under the authority of 28 US.C.91446, c;g~--- hur L. Pressman John J. Jacko, III PA J.D. Nos.: 52577/10124/67477 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 11 Penn Center, 14th Floor 1835 Market Street Philadelphia, PA 19103 Phone: (215) 665-8700 Fax: (215) 665-8760 Dated: June 15,2001 2 . . ,,- -,-' -. - - - ,--- - < --- - ~ ~- - ,- .- -- - -- --- - -~ -...----. -~~ - ---------.- ". ~,"-~~----':-:"'~~~~'--'--"",-;;;' ~ -,l:f~iJ~L """'''''. ",,.,!ll!m.I'll1!'l -I r ., ,~ ""l}lIiinldjd"""'"" . '"" IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MICHAEL A, SHAFFER, Plaintiff, 1. · ~ CIN:CTIo~l-~ -UJ65 (Judge ) v, SUSAN GRAYBILL AS AN INDIVIDUAL AND AS ADMINISTRATRIX OF THE ESTATE OF DENNIS M. GRAYBILL, MINUTEMAN PRESS INTERNATIONAL, INC., and ROBERT EMMETT, FILED HARRISBURG JUN 1 ~ 2001 MARY E. D'AND Per AND NOW, Defendants Minuteman Press Intemational, Inc. ("Minuteman ~R!l Defendants. NOTICE OF REMOVAL , CLERK RK Robert Enunett, by and through their counsel, Buchanan Ingersoll Professional Corporation, and pursuant to 28 U.S,C. 9 9 1331, 1367, 1441 and 1446, hereby provide Notice of Removal ofthis action from the Court of Common Pleas of Cumberland County, Pennsylvania to the United States District Court for the Middle District of Pennsylvania" As grounds thereof, Minuteman Press and Robert Emmett state as follows: I, This is an action of a civil nature in which the District Courts of the United States have been given original jurisdiction in that it arises under the laws of the United States within the meaning of28 U.S,C. 91331. ~.", ,', _ _ r >-, 0' "'1'-1--' I'" " , 2, Minuteman Press and Robert Enunett are defendants in a civil action filed in, and presently pending before, the Court of Conunon Fleas of Cumberland County, Fennsylvania, captioned Michael A. Shaffer v, Susan Graybill as an individual and as Administratrix of the Estate of Dennis M Graybill; Minuteman Press International, a New York corporation; and Robert Emmett. Docket No.: 2001-2664. 3. Minuteman Press received a copy of the Complaint in Law with Action for Declaratory Judgment ("Complaint") via certified mail on or shortly after May 3, 2001. A copy of the Complaint is attached hereto as Exhibit "A." 4, In the Complaint, Plaintiff allegedly asserted claims, inter alia, for fraud in the inducement, conspiracy, misrepresentation, breach of contract and negligence against the defendants with respect to Plaintiffs purchase of a Minuteman Press franchise located in Lemoyne, Pennsylvania and a certain franchise agreement ("Franchise Agreement").dated September I, 2000 to which Plaintiff and Minuteman Press were parties. 5. On or shortly after May 19, 2001 and before any defendant answered moved or otherwise pled to the Complaint, Plaintiff filed his First Amended Complaint with Action for Declaratory Judgment ("First Amended Complaint"), 6, The certificate of service attached to the First Amended Complaint states that Plaintiff served the First Amended Complaint on Minuteman Press via First-Class, U.S. Mail on May 19,2001. Minuteman Press received a copy of the First Amended Compliant on or shortly after May 21, 200 I - the date postmarked on the envelope. A copy of the First Amended Complaint is attached hereto as Exhibit "B," 7, In the First Amended Complaint, Plaintiff incorporates the Complaint by reference and adds Count VI alleging misrepresentation, omissions, false statements and -2- ;,-,!!~_" '~,' _'!~m ","'1'1 -",., - conspiracy in violation of various unspecified "blue sky laws, federal FTC rules, federal securities laws, the criminal law of the Commonwealth of Pennsylvania, and federal criminal law," See Exhibit "B" at ~34 (emphasis added). The First Amended Complaint alleges in Count vn that a clause in the Franchise Agreement requiring non,binding arbitration of Plaintiffs claims against Minuteman Fress is a contract of adhesion and seeks "such other and further relief at law and in equity as arise from these additional Counts together with a declaratory judgment that the arbitration clause of the contract be cancelled and the contract be rescinded," Exhibit "B" at Count VII. 8. The First Amended Complaint is the pleading setting forth the federal laws, claims and issues upon which removal of this action is based. This Notice is timely filed pursuant to 28 U.S,C. 9 1446(b) as it is being filed within thirty (30) days of Minuteman Press' receipt of a copy of the First Amended Complaint raising for the first time the federal questions which support this removal. 9. The other bases of relief asserted by Plaintiff in the Complaint and the First Amended Complaint all arise out of the same set of facts and are part of the same case and controversy, such that this Court has supplemental jurisdiction of them within the meaning of 28 U,S,c. l367(a), 10. To date, Minuteman Press and Robert Emmett have not received any other process, pleadings or orders in this matter aside from the above-referenced Complaint and First Amended Complaint. I I, Minuteman Press and Robert Emmett will promptly file a copy of this Notice with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania and will serve a copy of this Notice upon counsel for Plaintiff -3, ~;,!K1\iJ ~""",~~,,,,""~ _ 1-'1"< 12, Minuteman Press and Robert Enunett specifically reserve and do not waive their right to assert any defenses and claims, including but not limited to the defenses of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process, failure to state a claim upon which relief can be granted, or failure to join a party indispensable under Rule 19, consistent with Fed.R.Civ.P. 12 and DiCesare-Engler Productions, lnc" v. Mainman Ltd., 421 F. Supp. 116 (W.D. Pa. 1976). 13, Co-defendant Susan Graybill, as an individual and as Administratrix of the Estate of Dennis M. Graybill joins in this Notice of Removal as evidenced by the Joinder in Removal attached hereto as Exhibit "c." WHEREFORE, Defendants Minuteman Press Intemational, Inc. and Robert Enunett request that this matter proceed before this Court as an action properly removed. r;;;:~.- arris J. e ow, Esquire Arthur 1. Pressman, Esquire John J. Jacko, III, Esquire PA J.D. Nos.: 52577/10124/67477 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION Eleven Penn Center, 14th Floor Philadelphia, P A 19103-2985 (215) 665-8700 - Telephone (215) 665-8760 - Facsimile Attomeys for Defendants Minuteman Press International, Inc. and Robert Enunett Dated: June 15,2001 -4, 'Jf,:1iil!i "-[-.-- _F""'~ ......., _, . ., NOTICE OF JUDI.CIAL ASSIGNMENT This case 'has been assigned to the Judicial Officer indicated below. Cmmsel and all parties are advised that there is an Office of the Clerk in the Federal Courthouses in Scranton, Harrisburg and Williamsport, Pennsylvania. Please file: all pleadings directly with the Clerk's Office in which the: Judicial Officer is stationed. Do not file any courtesy copies with the court. In accordance with the local rules, counsel will file the original and two copies of all pleadings, motions, memoranda and other documents except discovery material, with the Clerk's Office. Counsel should file any additional copies with the Clerk's Office as may be required by the Local Rules, an Order of Court, or as required by the assigned Judicial Officer listed below. JUDICIAL ASSIGNMENT ~ Judge James M. Munley _ Judge William J. Nealon , CLERK'S OFFICE ADDRESS William. J. Nealon Federal Building & U.S. District Courthouse 235 N. Washington Avenue P.O. Box 1148 Scranton, Pennsylvania 18501 (570) 207.5600 _ Judge Thomas I. Vanaskie _ Judge A. Richard Caputo .......... ____,...Judge Richard P. Conaboy _ Judge EdwinM. Kosik "I Judge Sylvia H. Rambo _ Judge Yvette Kane U.S. District Courthouse 228 Walnut Street P.O. Box 983 Harrisburg, Pennsylvania 17108 (717) 2?-1-3920 . ~.' 'C'- . n _ Judge William W. Caldwell ~ Judge James F. McClure ~ Judge Malcolm Muir u.s. District Courthouse 240 W. Third Street , P.O. Box 608 Williarnsport, Pennsylvania 17701 (570) 323-6380 " ,..;, NOTE: This case has been referred to the U.S. Magistrate Judge noted below. Please file aU documents at the location indicated. _ Magistrate Judge J. Andrew Smyser Harrisburg Address _Magistrate Judge 1-1alachy Mannion Scranton Address _ Magistrate Judge Thomas M. Blewitt Scranton Address ,,;: J::, 44 , (REV 07/89) CIVIL COVER SHEET . APFENDlX B . The JS-44 ':1\'i\ cover sheet and the infonnatiofl contained herein neither replace nor supplement the filing and service of plead 109 or other papers as reqUired by law, except as proVH~ bv local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of lmtliHI lhe civ'iJ docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I (a) PLAINTIFFS MiCHAEL A. SHAFFER (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U,S, PLAINTIFF CASES) (c) A TIORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER) HARRlS J. CHERNOW. ESQUIRE ARTHUR L PRESSMAN. ESQUIRE JOHN 1. JACKO. III. ESQUIRE BUCHANAN INGERSOLL. PC 1 $35 MARKET STREET II PENN CENTER; 14TH FLOOR PHILADELPHIA. PA 19103 215-665-8700 DEFENDANTS SUSAN GRAYBILL AS AN INDIVIDUAL AND AS ADMINISTRATRIX OF THE EST A TE OF DENNIS M GRAYBILL. MINUTEMAN PRESS INTERNA TIONAL.INC; AND ROBERT EMMETI COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U,S, PLAINTIFF CASES ONL YI NOTE; IN LAND CONDEMNATION CASES. US THE-,U:X;:-AHON-BF-'f-!il:4'RAC LAND INVOLVED A TIORNEYS (IF KNOWN) ....-------.- ROBERT j, WHITE. ESQUIRE P,O, BOX J005 YORK. PA 17402 JUN 1 5 '2001 I ,- , ( I~PI (TV r;L~RK MARVIN BESHORE. ESQUIRE MILSPA W AND BESHORE 130 STATE STREET PO, BOX 946 HARRlSBURG. PA \710&.0946 , PER i HARRISBURG, riA, II. BASIS OF JURISDICTION \PLACEANX\NONHOXONLy) m. CITIZENSHIP OF PRINCIPAL PARTIESwLACEANXlNONBOX (For Dh'enlty Case:s Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) o 1 U.S. Government Plaintiff 1813 Federal Question (U.S. Government Not a Party) (J4 Diversity (Indicate Citizenship of Parties in Item III) 02 V.S, Government Odendant DEF DEF Citizen of This Sate 01 01 Incorporated or Principal 04 04 Place of Business in This Sate 05 05 Citizen of Another State 02 02 Incorporated and Principal Place of Business in Another 06 06 Citizen or Subject of a OJ 03 State Foreign Nation Foreign Country IV. NATURE OF SUITE (PLACE AN X IN ONE BOX ONLY! I CONTRACT TORTS FORFEITUREIPENALTY BANKRUPTCY OTHER STATUES O]]OIm;urance PERSONAl INJURY PERSONAl IN/VRY o 610 Agriculture o 422 Appc:al 28 USC lS8 o 400 SI.aIe,Reapponionmem o ]20 Manne o 310 Airplane 0362Personalll1jury-Med o 620 Other Food & Drug D423Wilhdrawal o 410 AnlilnJSt Dl3ljMiUerAct o 3\5 Airplane. PrOOucl Malpmc.tice o 625 Dnlg Rdated Seizure of 2&USC IS? o 430 Ranks;md Ban\:.lllg o 140 Negotiabk Inslrument Liability o 365Personalll1jury-ProduCl Propeny21 USC881 0450 CommercelICC Rales/elc o 150 Reco~1'T)' ofO~erpaymenl & o 320 Assault. Libe] & Liability o 630 Liquor Laws o 460 Deponation Enforcemem of Judgment Slandc:r 0368Asbeslosf'ersonallnjury 0640 R,R & Truck PROPERTY RIGHTS o 470 RackClttr Influence and OISIMedicareAct o 330 Federal Employers' Producl\...iability o 650 Airline Regs o 820 Copyrights COrT1.lplOrganizations o 15; Reco~eryofDe.fau]ted Liahiht)' D6600ccupa\;on\l.ISafetyfHealth DS30Patienl D810Selecti..eSeNice StudenlL.oans{Excl o 340 Marine PERSONAL PROPERTY o 6900tht:T o 840 Trademarl; 1818S0SecuriliesJCorrU"OOdllie's/ Veterans) o 34S Marine Product o 370 Other Fraud LABOR SOCIAL SECURITY Exchange o \ S} RecovCT)" of O~erpayment of Liability 0371 Truth in L.ending o &7S Ctmomer Challenge Veleran'sBenefils OJSOMOlorVehiclc o 380OtherPersonalJ'ropc:ny o 7]0 Fair Labor Standards ACl 0&61 HIA{139SF} 12 USC.34]0 o \OQS[ockh.o\d~r!i'SlJ.it!i D!55MotmVchicle D..mage D&62BlackL\ltt~(9121 Dg91A.gr;cl.>hl.>raIActs o 100 01her Comract ProductL,abilil) D!8SPropc:rtyDamageProduCl o no LaborlMgml_ Relations 0863 DIWC!DIWW (40S{g)) O&nEconom'cSlabilizationAcl o 19~Contrnct ProduclLiabi\i1} o 360 Other Personal Liab,lity 0864 SSlD Tlll~ XVI o 893 EnvitpnmentalMallt:rS Injury o no LaborlMgml_ Reponing & o 865 RSI{40S(g)) o 894 EnergyAllocaliOnAcl Disclosure Act o 89Sfr<.:edomoflnfoffilallOnAcl REAL PROPERTY CIVIL RIGHTS PRISONER PETITiONS FEDERAL T AX SUITS 0900 Appealofl'<< o ~IOLandCondc:mnation 0441V01ing 0501 MOlionstoVacaleSl'Iltence o 740 Railway Labor AC1 o &70 Taxes (US Plaimiffof Determination Under o 2~OForeclosure o 44~ Employment Habeas Corpus o 79001herL..borLitigation Defendant} Equal Access to Justice o ~30 Rem Leas~ & Ejectment o 443 Housmg! DS30G=eral 0871 IRS-Third Party 0950 Constitutionality of Slate o 240 Tons lO Land Accommodalions 053SDeathPenalty 26USC760<J Statues D~4STo(\Produc\Liabi\ity o 444 Wdf"/J"<: o 540 Mandamus & 0111.,,- o 791 Emp\ Ret Inc Security Act ~89()Otl=Sta\u\oryAc\ioflS 0290 All Other Real Propmy o 4400lherC,,,il R,ghls o 550 Other V ORIGIN OIOngmal T',{\~etd\,,% (PLACE AN X IN ONE BOX ONLY) o 4 Reinstated or Transferred from) Reopened OSa,u:>lherdlslrict (specify) VI. CAUSE OF ACTION (CITE THE U S CIVIL STATUE UNDER WHICH YOU AREF1UNG AND WRlTEA BRIEF STATEMENT OF CAUSE [)Q NOT ("ITE JURISDICTIONAL STATUES UNLESS DIVERSITY) "FEDERAL FTC RULES, FEDERAL SECURITIES LA WS ..FEDERAL CRIMfNAL LA w" VII. REQUEST IN CHECKlFTHlS IS A CLASS ACTION COMPLAINT: 0 UNDERFRCP 23 VIII. RELATED CASE(S) (See ;""uCl;On5) IF ANY ~ 2 Removed !Tom StaleCoun o 3 Remanded ITOm Appe\1<neCO\lT1 DATE: Ii'- 15-0 1 UNITED STATES DIHRlCT COURT "'_"'"01"'1':"""_ I~ r 06 (Multi,dislrict Lillgation Appc:alloDistrict 07 JudgefTomMagistrale Judgmem DEMAND $ Check YES only if demanded in Complaml JURY DEMAND o NO IZIm DOCKET NUMBER '1 " - In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division 01- .:J.!_I-I.f 0uc'l T~ Michael A. Shaffer, Plain tiff, v. Susan Graybill as an individual and as Administratrix of the Estate of Dennis M. Graybill; Minuteman Press International, a New York corpor- ation; and Robert Emmett Defendants. I No. I } I I Judge I I I I I I I Jury Trial Demanded () c ~ <;:;: ',' Fe - --:J ._~ n , ,. z ~ .. ~ , I c~ Go - ~' .. .- ~, '''>;: -, " - '- , '.. -' - L :.u :::J -< -.J -< NOTICE TO DEFEND Notice You have been sued in court. If you wish to defend against these claims, you must take action within twenty (20) days after this complaint and notice are served by entering an appearance personally or by an attorney and filing in writing with the Court your defenses or objections. 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. A judgment may also be entered against you 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. IFYOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9 I 08 ~8:SU~ jyr, ~ "r- "1,_""1 T f RUE COpy FROM RECORD In i ;;~tjmoJny wnamct. I haill unto set my haM J.)(j the seal 01 said Court at Cartlsle. Pa. '___ rhis~~~y ~.~~};~ onotary A VISO U sted ha sido domandado en corte. Si usted qui ere defenderse en contra de estas demandas. usted debe tomar accion dentru de viente (20) dias despues que esta queja y aviso sean servidos, registrando una comparacencia personalmente 0 por su abogad y llenando en esccrit0 en la corte su defensa u obje,ctiones con la corte. Usted esta advertido que si falIah de hacerlo, el casa puede seguir sin usted y un desicion pued ser registrado en contra suya por la corte sin ningun otra aviso. Ademas, la corte pued decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propriedades u otros der.echos importante para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO NO FUEDE PAGAR UNO VAYA 0 LLAME POR TELEFONO A LA OFFICINA ESCRITAABAJO PAR-\. A VERI GULAR DONDE USTED PUED CONSEQUlRE ASSIST ANCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 1,800,990-9108 '4,~.\Ii!:W .,. ^, - ""', ,p 'n'~~I' 1. r ,. ., I ~ ~ "~~ In the Court of Common Pleas of Cumberland County. Pennsylvania civil Division v. } No. } } } } } Judge } } } } } Jury Trial Demanded Michael Shaffer, Plaintiff, Susan GraybiIl as an individual and as Administratr.ix of the Estate of Dennis M. GraybiIl, Minuteman Press International, Inc., and Robert Emmett Defendants. Complaint in Law with Action for Declaratory Judgment Comes now Plaintiff and complains of each Defendant as follows. Parties, Jurisdiction and Venue 1. Plaintiff is Michael Shaffer who resides at 88 Bentz Mill Road. East Berlin, P A 17316. 2. Defendant Susan Graybill is an individual who operated a Minuteman Press franchise in Lemoyne, P A, and may be served in person at 1145 Highland Drive, Mechanicsburg, P A 17055. 3. Defendant Susan Graybill as Administratrix of the Estate of Dennis M. Graybill, deceased, may be served in person at 1145 Highland Drive, Mechanicsburg, PA 17055. 4. Defendant Minuteman Press International, Inc. (hereafter MMPI) is a New York corporation with its home office in Farmingdale, New York. It may be served by certified mail addressed to its registered agent, Peter T. Bauer, General Counsel, Minuteman Press International, Inc., 1640 New Highway, Farmingdale, NY 11735. 5. Defendant Robert Emmett is an individual and representative ofMMPI and maintains -- - --, __ ___<__._. "" ~, ,__ _. f' ,_ , --- - -- , - ,-,"~___~_.;c_.____ ?~q , . - ..,..".....,1 'I .~" "~ 'an office in Wayne. PA, He may be served in person at 489 Devon Park Drive, Suite 307, Wayne. PA 19087, 6, The court has jurisdiction over these proceedings because the Minuteman Press franchise sold to Plaintiffby Defendants Graybill is located in Cumberland County and the amount in controversy exceeds the minimum jurisdictional amounts of the court 7. The court has venue over these proceedings because all or part of the cause of action arose in Cumberland Cou;uy and Defendants Graybill maintained a place of business in Lemoyne. Cumberland County, PA, and reside in Cumberland County, PA. Facts Common to All Counts 8. On or about August, :WOO, Defendants Graybill were operating a Minuteman Press franchise in Lemoyne under contract with Defendant MMPI. Defendants Graybill were desirous of selling the franchise to Plaintiff and did so on September 6, 2000. Plaintiff entered into various contracts with Defendants Graybill, Defendant MMPI in pursuance of the purchase of the franchise, Count I 9. This:ount sounds in tort. 10. Throughout the relevant time frame alleged in Paragraph 9, all Defendants entered into a conspiracy with one another to unload a failing business on Plaintiff by agreeing to materially defraud Plaintiff by falsely inducing him to enter into a contract to purchase and to purchase the Minuteman Press franchise located in Lemoyne, P A. Defendant Emmett was the regional representative of DefendanlMMPI and had authority speak for and to bind the corporation. ":<;':-'/"'l;--' ".~" -. -, , 1- ~- .-.-- - '1-1- . 11. Defendants Graybill were the owners of the franchise. Defendants Graybill made material misrepresentations as to the financial viability of the franchise and these were made to falsely induce Plaintiff to purchase the Minuteman Press franchise of Lemoyne as an ongoing and viable enterprise with sufficient income to pay expenses and support the store owner and two employees. 12. Defendants Graybill conspired with one another, MMPI and Emmett to represent the Lemoyne franchise as a viable entity that would make a profit and that Plaintiff would start seeing those profits within three months. Defendants Graybill materially misrepresented the financial viability of the Lemoyne franchise. Defendants MMPI and Emmett materially assisted Defendants Graybill to do so. Defendants MMPI and Emmett also made material misrepresentations to induce Plaintiff to purchase the franchise and materially assisted Defendants Graybill in unloading an unprofitable franchise on Plaintiff; these misrepresentations were made by Defendant Emmett, MMPI's regional representative. 13. The following misrepresentations were made by one or more of the Defendants: a. Defendants Graybill materially misrepresented the financial viability of the Lemoyne franchise by representing that monthly operating expenses were in the range of 57,000.00 when in fact monthly operating expenses were in the range of 512,000.00. Plaintiff expressly obtained copies of the checks written for expenses by the franchise and refused to purchase the franchise because the operating expenses were too high at 512,000.00 per month. Defendant Emmett represented to Plaintiff in response that many of the checks were for personal expenditures and that the operating expenses for the franchise were only $7,000.00 per month. Defendants Graybill confirmed Emmett's misrepresentation. This was a very material factor to Plaintiff because the franchise's monthly income was only in the $5,000.00 I"~""",,~. - ", '."'''''1'1 . 'range. b. Defendant Emmett materially misrepresented the financial viability of the Lemoyne franchise by representing that Plaintiff need earn only 52,000.00 per month over and above what the franchise was bringing in in order to make a profit when in fact PlalOtiff needed more than $7,000.00 more per month in gross sales just to break even. c. Defendants MMPI and Emmett materially misrepresented to Plaintiff the financial viability of the Lemoyne franchise by making the same representations as set forth in Paragraphs 13a and l3b. Said Defendants conspired with Defendants Graybill to make these misrepresentations. d. Defendants MMPI and Emmett materially misrepresented to Plaintiff that he would not only be able to meet expenses within a very short period of time but that he would also realize a gross profit of30% of gross sales within that same time merely by following MMPI's marketing program, which was to make twenty new contacts per day. Plaintiff did so but was unable to make a profit on the franchise. e. Defendants MMPI and Emmett materially misrepresented to Plaintiff that the only reason why the Lemoyne franchise was not already making a profit was because Defendant Dennis M. Graybill. now deceased, was not able due to his poor health to make enough marketing calls to generate additional sales. 14. Plaintiff was damaged by these misrepresentations in the loss of the amounts that he paid to Defendants Graybill to purchase the franchise, in the amounts that he paid Defendant MMPI for the transfer of the franchise and to attend its school for new owners, and in the loss of working capital and the amounts that had to be borrowed to operate the franchise from month to month. Consequential damages were suffered by Plaintiff in the amounts that he could not earn -~.i;i_"""!l'~M,r n ; "",. .~- 1~"~ - I', . . - 'because he was devoting his full time to operation of the. franchise instead of his former employment as well as amounts he owes to his landlord and Textron financial Corporation from contracts that were necessitated by his purchase of the franchise. further consequential damages stemmed from the inevitable loss of credit reputation when he was unable to repay the money he borrowed to keep the franchise operating from month to month. Count II IS. On or about September 1,2000, Plaintiff entered into a written contract with Defendant MMPI which was labeled as the franchise Agreement. Immediately upon entering the Agreement, Plaintiff was sent to New York for an explanation of what to do to make the franchise viable. He was promised in writing all needed technical assistance and advice. This assistance and advice was based on the express corporate formula that if the franchisee did what MMPI told him to do, he would meet expenses and make a profit. Plaintiff was expressly told by MMPI that all he would have to do was manage the franchise, make twenty cold calls a day, leave all work to the employees, and, by doing so, he would make significant profits. These promises were made in order to induce Plaintiff to enter into the franchise agreement and were again made in the training school in New York. These promises were made in the franchise Agreement or were made in supplementation of the written agreement or were made in order to induce Plaintiff to enter into the written agreement. In other words, follow our program and you will realize a pretax profit of one third of your gross sales. 16. These promises were breached by MMPL At no time was the income from the franchise sufficient to even meet expenses and within six months of purchasing the franchise, Plaintiff was forced to close his doors due to excessive expenses. 18. Damages that flow from these breaches of contract and false promises include the '-jj~~l:~_, -, ,~r-'~ ~I -1 ~ . 'loss of the money that was paid to MMPI to transfer the franchise to Plaintiff and send him to training school in New York. Consequential damages include the loss of what was paid by Plaintiff to the franchise owners to purchase the franchise, the loss of operating capital. the waste of the assets of Plaintiffs franchise, and the various contractual payments needed to pay the landlord and the equipment lessor. further direct damages resulted from the extreme mental anguish suffered by Plaintiff which were intentionally inflicted as the result of the torts alleged in this Complaint. These damages are in an amount in excess of the minimum jurisdictional limits of the court. Count III 19. Defendant MMPI would not transfer the franchise to Plaintiff without first receiving a financial application from the Plaintiff calling for a disclosure of all assets.. After reviewing Plaintiffs financial statements, MMPI caused the sale of the franchise in Lemoyne to Plaintiff and transferred the franchise to Plaintiff and caused him to expend significant amounts for training and for anticipated losses from operation of the franchise within the first three months. 20. Having required Plaintiff to submit a financial application listing all assets of Plaintiff, Defendant M1\1PI at all times material to this Complaint, knew or should have known that Plaintiff had insufficient income and assets to operate the franchise for even the three months at the end of which Flaintiffwas promised that he would be making profits. As the superior bargaining party, MMPI was under a duty to disclose to Plaintiff that he had insufficient income and assets with which to purchase the Lemoyne franchise. This negligence on the part of MMPI caused Plaintiff to suffer not only monetary damages but also an entitlement to damages for extreme emotional distress in amounts in excess of the minimum jurisdictional limits of the court. - v_,,..,~__ _ 4'IlI!'l__ . __ 1 ' =1' 1 ' - . ,[ verify that the facts contained in the Complaint are true and correct to the best of my knowledge, information and belief. I understiind that iiny false statements are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification. /. . /7 /) ) /Y ~~ May 1,2001. (/"2../' I ./7, V'/"-:/ 50/,' ichael Shaffer J ____~ ~.o_~._ -. ~- - ,:~~"J1!'~ ~, "1"1 "-"'-1' - ----~ ~ , ,~ ~ 20.1. Plaintiff has further been consequentially damaged by these defendants in an amount in excess of the minimum jurisdictional amount of the court for extreme mental anguish intentionallv inflicted upon him as the result of the loss of his life savings. Count IV 22. Each of the torts complained about were committed with such deliberateness and willfulness and in such reckless disregard of the rights of Plaintiff so as to entitle him to punitive darrages in an amount in excess of the minimum jurisdictional amounts of the court. Incorporation by Reference 23. Each Count hereof is incorporated in each other Count by reference. Each Paragraph hereof is incorporated in each other Paragraph by reference. Wherefore, Plaintiff prays that after trial hereof, he be awarded actual and consequential and punitive darrages, each in an amount in excess of the minimum jurisdictional limits of the court against each defendant and against all defendants jointly and severally for their joint misconduct and for such other and further relief in law and in equity to which Plaintiff may be justly entitled. Respectfully Submitted, ?-:d ,-, /'. I ,/. 7. <",- .;..)C(-z'L- Robert J. White Counsel for Plaintiff PBN 32487 PO Box 3005 York, PA 17402 (717) 699-4534 FAX (717) 699-2895 Verification ; - -, --'- . .. ____________ __-'--~~__n_ ---- -",. --- :_-..:.-_~ - " - -'. - ---,- -----.. -~--- ,,,-It~ -~".., -~" -~ ! _~~" _"1" -= I I 1 -- T In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division Defendants } ~o. 2001.2664 Civil Term } } } } } } } Jury Trial Demanded :\Iichael A. Shaffer Plaintiff, v. Susan Graybill et aI., Plaintiffs First Amended Complaint with Action for Declaratory Judgment Comes now Plaintiff and amends his Complaint with Action for Declaratory Judgment and states the following additional causes of action: Count VI 32. Plaintiffs Complaint is incorporated herein by reference, the same as if fully set forth herein. 33. In the Disclosure Document of Minuteman Press lntemational, Inc. which which was required by fTC rules and is dated August, 1999, the following disclosure is made on page 12 about an fTC action against Defendant MMPI and others: Federal Trade Commission. Plaintiff. v. Minuteman Press International. Inc.. Soeedv Sign.A-Arama. USA. Inc.. Rov W. Titus and Jeffrev Haber. Defendants (CV 93.2496) filed on June 4,1993, in the United States District Court, Eastem District of New York. On December 18,1998, an injunction was filed prohibiting the Defendant's excluding Haber from doing the following: A. Making, or assisting in the making of, expressly or by implication, orally or in writing, to any prospective franchisee any statement of past, present or future sales, income, or gross or net profits of any existing or prospective franchisee or group of franchisees, unless at the time of making such representation the defendant possesses written material that provides a reasonable basis for the representation. B.Violating any provision of the Rule 16 C.f.R. Part 436 or the rule as it may later be amended and the disclosure requirements of the UFOC in effect at the time. :"'*"""<" "',-'1.... r-.I{ ~ r-o " .~" C Assessing or collecting a transfer/training fee from any franchisee who sells or assigns its franchise unless the selling franchisee received a copy of a disclosure statement indicating that such fee would be charged. D. failing to monitor and investigate any complaints about compliance with the rule or the injunction. E. To cooperate with the Commission in the enforcement of this injunction. Section A of this disclosure relates to precisely the same marketing methods and misrepresentations tfmt are set forth in Counts I through IV of the Plaintiffs Complaint, which are incorporated herein by reference. The disclosure omits material facts and is affirmatively misleading. 34. Defendant MMPI's misrepresentations, omissions, false statements, actions and inactions violate state blue sky laws. federal FTC rules, federal securities laws. the criminal law of the Commonv,;ealth of Pennsylvania, and federal criminal law. Not only has MMPI violated civil law but also criminal law in the manner in which it falsely induced Plaintiff to purchase the existing Minuteman franchise in Lemoyne. 35. Defendant Emmett materially assisted MMPI to do or fail to do those actions set forth in Paragraph 34. 36. Defendants Graybill mayor may not have assisted MMPI and Emmett to do or fail to do those actions set forth in Paragraph 34. Defendants Graybill materially assisted Defendants MMPI and Emmett to market by unlawful methods as set forth in Counts I through IV of the Plaintiff s Complaint and has therefore assisted the latter Defendants to violate state blue sky laws, federal fTC rules, and federal securities laws and state and federal criminal laws.. 37. In particular, the following written misrepresentations or omissions to state material facts needed to make the misrepresentation true have been made or not made with respect to the Disclosure Statement disclosure of then existing litigation as set forth in Paragraph 33: ~~.w. ~_.."o - _1'~ , ~ "",..~" I ~ 1-1 a. MMPI and Emmett failed to disclose that the FTC was complaining about the precise marketing methods that :VIMPI and Emmett used in the marketing of existing franchises to partIcular franchisees. all as more fullv set forth in Counts I through IV, which are incorporated herein by reference. b. \;fMPI failed to disclose the full nature and extent of the relief sought by the fTC by omitting all those disclosures set forth In Paragraph 34, 10 particular the fact that the FTC was attempting to prohibit it from marketing any existing franchise in the manner in which the Lemoyne franchise \Vas marketed to Plaintiff as more fully set forth in Counts [ through IV. which are incorporated herein by reference. c. Defendants Graybill, 2'vEvIPI and Emmett failed to disclose to Plaintiff material financial information as required by the fTC request for injunctive relief when Emmetlt falsely told Plaintiff that the Graybill expenses to operate the franchise were about 57,000.00 per month and made the other misrepresentations set forth in Counts I through IV. d. MMPI failed to disclose to Plaintiff that the fTC was alleging that MMPI and others were liable for false and misleading claims about earnings, gross sales and profitability levels. Emmett and unnamed co.conspirators in the home office ofMMPI were making those same false and misleading claims to Plaintiff. Defendants Graybill were materially assisting Emmett to do so. e. MMPI failed to disclose that the litigation involved fTC claims that it and its officers violated federal consumer protection and franchise disclosure laws f. MMPI failed to disclose that the fTC was complaining about sales pitches made by MMPI to prospective franchisees about gross earnings and profits they could expect to see by buying and operating MMPI's quick print and sign shops. ~Jt 1 .HJ!" '7_., .~..,~" , ~ ~, . g. MMPl failed to disclose that the FTC was seeking hefty monetary damages to those prospective franchisees who suffered monetary damage from the violation of the federal consumer protection and franchise disclosure laws. h. ',>IMPI failed to disclose that the fTC accused MMPI and its sales force of an unlawful pattern of providing false and unsubstantiated information about earnings to people interested in buying one of MMPl's franchises. i. :VIMPI failed to disclose that the FTC was attacking its written disclaimer statement that no earnings claims were made or authorized by MMPI as being unenforceable in the fTC action. j. MMPI failed to disclose that the contradiction between its written disclaimers and a franchisor's actual practices was a violation of the fTC Act. The actual practices in this case were committed by Defendants Graybill, MMPI and Emmett.and certain unnamed co. conspiratorss in MMPI's home office. k. MMPI failed to disclose that the fTe was complaining about the common-sense net impression from its actions in marketing its franchises that the purchaser was being furnished important specific earnings claims information to assist in the decision making process, notwithstanding the general disclaimers about earnings.. 38. Defendants are therefore estopped from relying on their disclaimer clauses in their contracts with Plaintiff as a defense made to the claims of Plaintiff by collateral estoppel and their own misrepresentations made as part ofa common scheme to defraud purchasers ofMMPI franchises that the purchaser was being furnished important specific earnings claims information to assist in his decision making process and then forcing the purchaser to sign a bald faced lie that the precise information had not been provided. Plaintiff. The conspiracy between .,;;~'"r' M ~ ~I ~1 Defendants Graybill. Emmett and :VIPI was so specific that all Defendants are liable for all misrepresentations and the actions and inactions of one another, the same as if they had performed the misrepresentations, actions and inactions as an individual. Count VII 39. This COtlnt sounds in equity. 40. Plaintiff was presented with a written franchise Agreement which affirmatively requires him to seek non.binding arbitration of his claims against ylMPL This clause is a contract of adhesion. since Plaintiff simply had no bargaining power when he entered into the Agreement. The contract was dictated by MylPI on a take it or leave it basis: no input from Plaintiff was permitted; this clause is required of all who wish to purchase a franchise from MMPL In addition, under all the circumstances of this case, it would be inequitable to enforce this provision of the contract because this clause was designed by MMPI to further its unlawful schemes and activities as set forth in the other Counts of this action 41. Plaintiffaks the court for a declaratory judgment canceling that clause of the contract and for rescission of the contract. Wherefore, in addition to the reliefrequested in Plaintiffs Complaint with Action for Declaratory Judgment, Plaintiff requests such other and further reliefa.t law and in equity as arise from these additional Counts together with a declaratory judgment that the arbitration clause of the MMPl contract with Plaintiffbe rescinded. Notice to Plead Plead to the First Amended Complaint within 20 days of service or default judgment may be entered against you. ~ - ,~--. - . -, -- ----~ ----,---.---- -,' ~._--..;--------'- ,. _.:..:.,- )-'~_I~I!'!b ~ r ~",' ="-.. :wlll ,., "., - , ~--- . Respectfully Submitted. 1~/ d.L Robert J. White Counsel for Plaintiff PO Box 3005 York. PA 17402 (717) 699.4534 fA..X (717) 699.2895 Certificate of Service The undersigned certifies that he has mailed a copy of this first Amended Complaint with Action for Declaratory Judgment to each Defendant on May 19,2001 by first class mail addressed as follows: MMPI by serving Peter T. Bauer, General Counsel, ~linuteman Press International, Inc.. 1640 New Highway, farmingdale, NY 11735 Defendant Robert Emmett at 489 Devon Park Drive, Suite 307, Wayne, P A 19087 /J j / I ;!;.# -1 ftf-, i J-~/./\-- Robert J. White Verification I verifY that the facts contained in this first Amended Complaint with Action for Declaratory Judgment are true and correct to the best of my knowledge, information and belief. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification. Michael Shaffer ~. .-. '-' - '" '" ~,- ".' ". '~ ~.- ~ i:'jl~~~ ~-," "-1 "'" I~"r "~ _.~=~ . ., ,j.y,___;FJf~ IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA MICHAEL A. SHAFFER, Plaintiff, v. CIVIL ACTION NO. 01.CV. SUSAN GRAYBILL AS AN INDIVIDUAL AND AS ADMINISTRATRIX OF THE ESTATE OF DENNIS M. GRAYBILL, MINUTEMAN PRESS INTERNATIONAL, INC., and ROBERT EMMETT, Defendants. JOINDER IN REMOVAL Defendants Susan Graybill as an individual and as Executrixl of the Estate of Dennis M. Graybill, co.defendants in the above.captioned action,join in the Notice of Removal by Defendants Minuteman Press International, Inc. and Robert Emmett to which this Joinder is attached. Beshore, squire PA .D. No.: 31979 MILSPAW & BESHORE 130 State Street P.O. Box 946 Harrisburg, P A 17108-0946 Telephone: 717-236.0781 Facsimile: 717.236-0791 Dated: June J!f, 2001 Attomeys for Defendants Susan Graybill as an individual and as Administratrix ofthe Estate of Dennis M. Graybill Misidentified in the Complaint as "Administratrix". - .. - - -- - --- - ---- rn ~'~-"."'l"" .' ,--- - , > '. CERTIFICATE OF SERVICE !, John J. Jacko, III, hereby certify that on or about this 15th day ofJune 2001, ! hereby served a true and correct copy of attached Notice of Removal, via First-Class, U.S. Mail or as otherwise specifically indicated, upon the following: Robert J. White, Esquire P.O. Box 3005 York,PA 17402 Marvin Beshore, Esquire (via hand delivery) Milspaw & Beshore 130 State Street P.o. Box 946 Harrisburg, PA 17108.0946 Prothonotary (via hand delivery) Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, P A 17013 Jo(Z1:.c;t~a- 457843 -I ;eHLI - - - -- .~._......: __ _.--'________. ,r_, ___ - ----- -- ----- -, -,.. ",~!!'>!i~'"" , ., ~?"I. (, .', CERTIFICATE OF SERVICE I, John J. Jacko, Ill, hereby certify that on or about this 15th day of June 2001, I hereby served a true and correct copy of attached Notice That Action Has Been Removed, via first.Class, U.S. Mail or as otherwise specifically indicated, upon the following: Robert J. White, Esquire P.O. Box 3005 York,PA 17402 Marvin Beshore, Esquire (via hand delivery) Milspaw & Beshore 130 State Street P.O. Box 946 Harrisburg, P A 17108.0946 Prothonotary (via hand delivery) Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, P A 17013 ~.:::if,tf J J.Jack, 3 457840 -l;PHLl ""::;'-0..'-'. ~...:.~.. :y~~ 'f'~r If ",/.; 'n" Curtis R. Long Prothonotary , Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor . <!&fftce of, tbe tlrotbonotarp Q[:umherlanl:l Q[:ountp 1 ~ CV- 01-1065 Court of Common Pleas - Cumberland County, Pennsylvania Docket No. 01- dC,(P 'I CI~' j jVlicJ'o"d A: :shaU'e.r vs Susan G-rayb, II UA I. THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PRomONOTARY OFFICE ,,- CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: Date: One Courthouse Square. Carlisle, Pennsylvania 17013 . (717) 240.6195 . Pax (717) 24()'6573 -'~~ ~,~l" ,"" 1-1 , SHERIFF'S RETURN - U.S. CERTIFIED MAIL . , CASE NO: 2001-02664 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHAFFER MICHAEL A VS. GRAYBILL SUSAN ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MINUTEMAN PRESS INTERNATIONAL INC by United States Certified Mail postage prepaid, on the 3rd day of May ,2001 at 0008:00 HOURS, at 1640 NEW HIGHWAY FARMINGDALE, NY 11735 , a true and attested copy of the attached COMPLAINT & NOTICE Together with REINSTATED The returned receipt card was signed by 00/00/0000 on Additional Comments: RETURN CARD NEVER RECEIVED IN SHERIFF'S OFFICE TO DATE. Additional Comments Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6.00 3.95 .00 10.00 .00 19.95 So v7-~~ ~ R. Thomas Kline Sheriff of Cumberland County Paid by ROBERT J. WHITE on 07/02/2001 . Sworn a&d sUbscr~to before this q - day of ~/ A.D. ~h .(1nujl,,, $. othonotary / me 1.,-. r-~ .-.,,<-- 1-1--" , ~ r" , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02664 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER MICHAEL A VS GRAYBILL SUSAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GRAYBILL SUSAN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 2nd , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 18.00 9.00 10.00 33.80 .00 70.80 07/02/2001 ROBERT J. WHITE S~~ ~7 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this q'S: day of (:;"1'1 J.uvl A.D. ~f~ .0 'hJJ, / 'F" Prothonotar i'~-S1l!ll~ ".. , l' ", ,_ <,_ I '~' , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02664 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER MICHAEL A VS GRAYBILL SUSAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GRAYBILL SUSAN AS ADMIN OF EST OF DENNIS M. GRAYBILL but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 2nd , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/02/2001 ROBERT J. WHITE So answer ~ ~7 ~~ /.~~ R. Tomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 9 ~ day of rJ,-'7 ~/ A.D. ~(1.~ prothonot<!r~ ~jTH, ~, '; '1~'" 1lIIlIlII", , ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02664 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAFFER MICHAEL A VS GRAYBILL SUSAN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EMMETT ROBERT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 2nd , 2001 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge Dep. Chester Co 6.00 9.00 10.00 150.00 .00 175.00 07/02/2001 ROBERT J. WHITE So answers: --7 '~ ~~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me day OfC)." A.D. this 9f:- dool 0,11,0- () nA,p;'d'~ prothonota y '~__'" ~.A, - _,,, ~", t~~, , 'I -1 - _~ .. . :.. ~..i.c:-'nae1. S'naffer _.c" VS. Susan Graybill, et. Serve: Robert Emmett ".-: :I~ The Court of Common Pleas of Cumbedand County, Pennsylvania ~le~iL'2.."'bL/ - J /3tzdw .f uf(r. a1. No. 01-2664 Civil_ Now, 5/3/01 ....._., 20<QC,J, SHERIFF OF CUMBERL.ANI5 COUNTY, P A, do hereby deputize the Sheriff of Chester., CQunty.tQexecute this Writ, this deputation being made at the request and risk of the Plaintiff. SHERIFF'S COSTS . ~~Irt'l~~$ Date .5=-?-cJ I Sheriff of Cumberland County, PA '" $ 'o' /St1.tJtJ Paid is ;:e, ... _ M~ Receipt No. ~oF'73? ~ ~;;::o l....l!aylllsemce Affidavit of Sei'"Vice r ","",'" ~ -.J G -rl;'? .s-.;t(,-(;?( OU>'-' Now, M/ft o/Th . _~__,,,_.~,,2QJ2.C,.at J:I~ .,,(/clock '"'P M.~e~~e a ;<~ ..... c-:: within ,/IIP-lit>-€ A>t/D ~o~./"0/:.,v~__~_. ~.::::;~,.." , upon RUbe<A-+ f /f/t i'I1J:~d:t}j!i(!v ~-.&.!1'1::I~;o.~ ~.;J;;rfe"'/'A!/'Wd//,A/e.. at. 'fg'l ))eveoAJ ?K_.~~~,,!-:,,~._'?~'4h_t;JAY~r__fh.__. ,.,./r'~{<! . " .,. by handing to lie tr Ahlj.n(L_G-.Q.~~__~ rfiV'.{V.,.; I":' _n(J!M'vz.r e.. a r-eC4-+~F;ed.n__._~" ,_..copy ofthe original (1o.Ay:'4/.A/"';-- and made mown to ,;11//1;<.<> ../-.e.4J::!..!./lJg'._5:L:;t(d~_f/f!C.. 'th.e cOJ).1;entS thereof. I ~'jj" M ~1'6~ - r:--:. N(~'iARIAL SEAL , ,."'"uM!>\ELVN, Notary PubDc : i',.. . - " I::'<~M, Chester Coun!y . ,.. , 'c,,:):'~s 1\;lliI14, 200S ~-_.- "''-.~ ~-~,',,-~,,, Sberiff of County, PA Sworn and subscribed before me this ~ day of ~_ ; 200/ r/$~7-- COSTS SERVICE MILEAGE .AFFIDAVIT $ $ -,=, -""c_ ._ "<' ~ '~'. '>, -~.~. -,','--t",^, "Y'e",'_' ',-,~--~ ,,,,<,,--. ''"Yo, "~""'~r'- ~ i i: !I I! I'i . .. Ii , .' !I i ,I,! '. i] - ~~~'~'j!R'"~~'ll1'Ji~~~~"*~w4~~'''''riNW-'';''i'~''~'-''',"'''-'-s7''''V~yo;_- , ;,''''''''''-''*'0-(~:\')F')~![''''~i'';<:''''''''j;'~;'''''' . ... r ~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 -- ---' ~ ... ~~ ~ST MARKIT.~!:,' ~~ ~A ..'Jl1P.L-~_",.,-~" ",.~_...,?- --.-"",i:---_...~'<ii!:....; _ ~,-.'", ';<'i-"" - . -'.g, , ~~i;.GI INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 2001-2664 C:):VIL SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINT1FF]SI Michael l',. Sbi'lffer 3, DEFENDANT/Sf SusanGravbill et. al.. ." . ~einstate<!. Notice SERVE { 5. NAME OF INDIVIDUAL. COM. PA.NY, CORPORATION; ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO Be ll:VlED, ATIACHED. OR SOLD, .. 6. ;~~~ (~~~~~R~;F6 WITH BOX NUMBER, APT. NO.: CITY.-BOR-'O~- Th\JP., STATE AND ZIP co;~) ~ .. . ~- - ..""::-t< AT s v 7. INDtCAl'ESERVICE: D:,PER~~NAL- o PERSON IN C.HARGE DEPUTIZE DeER-T !lM.IL O'tSTCLA.SSMAiL QpOSTED o OTHER NOW 6/8 /01 . -'-__~, 2~ ,. -. ~ I: ~;HERI'FF'O~'e(~r~erebY d~putize the sheriff of York ~.." _ . COUNTY to exe~ . nd ma ret eof according to law. This deputization being made at the request and risk of the plaintiff. r.- ...._ ,~.....--._~........._~...._;,.~ ~,...,. ..,.........-, - ~-SH~_R[Ff.~ GOUNTY 6. SPECIAL IN"STRUCTIONS' OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICI:: "~Cunber land .-.. .;...;c. ~""~--=-- '.~' '. --~ . 4.-IYPE OF WRIT OR COMPLAINT ..- AI5VANCEFEE: PAID BY CUMBERLAND COUNTY SHERIFF - ~,-..~:-_~_... ... .......-'="='".~....~--...-~...~,~-.'O::'. ~.""""'.""'1"'.\;'~'" -." ~'~=>i' ~ ~ ~ NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any propert/imdetwithin...Y-'rit may leave same without a watchman, In custody of whomever is found in possession, .after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff hereinforanyros~destruction.orremovalofanypropertyb.!f2~h~'!;>.~_!f:lerE!9f,~ -I' lrr_."!'_ ~.2:'''''-- 'H':: .- .~.> ..:..:.~' '"' ", _ 9. Tff~a~~~~f:~.EY/ORI~INATORandSI~NATURE 10. TELEPHONE NUMBER 11. DATE FILED PO BOX 3005, YOPJ<, PA 17402 ._.C_~d ~~___ (717) 699-4534 6/8/01 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (ThIs area must be completed if notice is to be mailed). CUl'lBF.PLI\ND COUNTY SHERIFF ~.. _Sf'AC!; BEI"Q].. FO U 13. I acknowledge receipt of the writ or complaint as indicated above. ,J.~. ~l!Q'kllc;,;_ ,~_' SHl;RIFE - ~--... ,.,- ~-",---"., 15. Expiration/Hearing Date 7/8/0l sEE.: REMARKS.BELOW 22, ~ efund 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this 77 42. d.y 0' JUNE '. ,2o-Dl3, ...r '. NOTARIAL SI;AL J. SHAP-FER, . 'Y of Y)>(I<.,Y"'k . x' i~;. OWLEDGE RECEIPT OF THE SHERIFF'S THORIZEP I~?"'ING AUTHORITY ~ND T!T.[g:._. 44. Signature of Dep. Sheriff 6. Signature of York County Sheriff FOR lJILLIA 46. Signature of Foreign County Sheriff NATURE 45f:T ~..'gI 47. DATE HOSE p h:J.. .6-2Z-01._ 49. DATE v 51, DATE RECEIVED .-... ~.~!;. .'....~..:d!:.- .I ~ WHITE - Issumg Alrthority 2. PINK - Attorney '3. CANARY - Stleriffs office 4. BLUE. - Sheriffs Office '''I.' ";~ ,,: \ .- - COUNTY OF YORK OFFICE OF THE SH~,BIF'F ~; C,': " j- 28 EAST MARKET ST. YOR~ PA 17401 " ~ '. .-foi i.' , j'," SERVICE CALL (717) 771-9601 PLAINTIFF/51 Michae 1 A. Shaffer $. DEFENDANTISI Susan Graybill, "t. 13l. SERVE { 5, N,!-ME OF INDIVIDUAL. COMPANY. CORl?O ...... Susan Garybill .,.. . 6, ADllRESS (STREET OR RFO WITH BOX NUMBER. APT. NO.. CITY. BORO. 'IWP.. STATE AND ZIP CODE) AT 1145 Highland Drive. MeChai,cSburq. Pi\. 17055 7, INDICATE SERVICE: 0 PERS. ONAL 0 PERSON.IN CHARGE EPUTIZE R CERT. ~ d 0 1ST CLASS MAIL .,. d.:1l~:r:..u:1'[1' NOW , 6/8/01. ..;' " 20-,,--1, SH8.BIFFpf.~OUNTY, PA, do hereby deputize the sheriff of . ,., " Yor~., . ' ,:' ;coql'\lTY to ,execute this Writ and make retum thereof according to law. This depulization being made.at thTieq~~~tan~riskotthe'Plaintilf. SHERIFFOF~~OUN'lOY . S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, CUmberland'" '~ 4. TYPE OF WRIT OR COMPLAINT Reinstated Notice , SHERIFF SERVICE PROCESS RECEIPT ahd AFFIDAVIT OF RETURN ~, ION. ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHeb', OR SOLD. o POSTED o OTHER .Jj-' ADVANCE FEE PAlO BY CUMBERLAND COUNTY SHERIFF t.I~TE: ON\. Y APPLI~AalE"ON WR'T OF ~~CUTI<?N: N:a. ~AIVER OF ~~TCHMAN - Anytdeput/ sheriff ~ing u~n ~ attaching any propertv ..under within wri~ may .leave ~me wIthout a watchmC!n. In custody of whomever ,IS found In posseSSIon, 'after'notlfymg person of levy or attachment, without liability on the part of such deputy, or the shenff to !ilny pr~m1ff herein for any loss., destruction, or removal of any property before sheriff'&,sale thereof . 9. TY~51j~'l'l~D~fT!!~~~Y I ORIGINATOR and SIGN~TURE 10, TELEPHONE NUMBER .11. DATEFILED , Po ~X 3005, YORK, PA i 7402 (717) 699-4534 6/8/01 ~2. SE.ND NOTiCE OF SERVICE.COPY TO NAME AND ADDR.ESS BELOW. (This area must be complete~,1f notice is t6 be mailed). CU!4BEFLAND COUNTY SHERIFF .,../,..,......'.'.,. :.,J:"',,_""" ~. <,"'if'4;"i'J:;;'~~0 13. I acknowledge, receipt of the writ or complaint as indicated above. J.. LODWIG 16 HOW SERVED, PERSONAL ( POSTED ( SEE REMARKS BELOW ,. ff.i < ! ~\' """tj " (Pjz1JQ) ~~~. ;3, Advance Costs ,::- 100.00 33. Costs Due or Refund Check No. 66.20 1'-10.14:8 '40. Costs'Due or Refund 41. AFFIRMED and SUbscrib~d,to,b~fOre"'~~,'thi's< '27 4t, day of JUNE:;",.',26::"O:.\., ".. " . ~RcmW ".r. ~ /../ .. ' J ' . ..' ~.r/-(fY7'.'- , If ,...-'J " /4, /...~ .. '.:~/::p!..~<.e.r- (/ j/(f-z;----,~~'~_'~. 47. DATE HOSE 6-27-01 49. DATE 8,. Signature of r=oreign County Sheriff t. RN SIGNATURE ! \.~ -J , 51, DATE RECEIVED >H",-' 1': \.vHtTE - Issuing Authority 2. PINK - Att~rn~y 3.. CANARY - Sheriff~ 'Office ~.~ BLUE -' Sh'~ri;'~"O~cEr