The URL can be used to link to this page

Home My WebLink About07-1571r QUALITY BUILDERS WARRANTY CORPORATION Plaintiff v ROY D. MUNSTER Defendant NOTICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 407 " iS"71 CIVIL ACTION el 0 Z*w "-*?T 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, PA 17013 (717) 249-3166 l A QUALITY BUILDERS WARRANTY CORPORATION Plaintiff v ROY D. MUNSTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION DOCKET NO. 07 - l 571 OA7?zn COMPLAINT AND NOW, this 22nd day of March, 2007 comes the Plaintiff, Quality Builders Warranty Corporation (QBW) and files the within Complaint against the above named Defendant and avers in support hereof the following: Count I 1. Plaintiff is Quality Builders Warranty Corporation (QBW) a Pennsylvania corporation engaged in the Ten Year New Home Warranty business with its principal place of business situate at 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 2. Defendant, Roy D. Munster (Munster) is an adult individual residing at 8332 Charing Lane, Glen Allen, VA 23059. 3. On January 2, 2007 Munster became an employee of QBW with the title of Mid Atlantic Regional Sales Director. 4. Munster executed an agreement dated December 5, 2006 indicating that, other than collecting residual commissions from his prior position at AFLAC, he would devote his full efforts to the A. business of QBW. A true and correct copy of the agreement is attached hereto incorporated herein and marked as Exhibit A. 5. Munster was to work from his territory. 6. In connection with Munster's position, Munster was required to enter telephone calls and meeting information into a laptop computer provided by QBW wherein Munster would document his activity. 7. On February 14, 2007 Munster entered information into the computer indicating that he cold called a builder by the name of Gemcraft Homes Inc. and met with Rick Vornadore. 8. Munster made another entry on February 21, 2007 indicating that he had a first time meeting with the builder, and that he had an additional meeting with Rick Vornadore and that Mr. Vornadore would call Munster by the end of the week. 9. On February 21, 2007 Joseph M. Olshefski, president of QBW spoke to Munster concerning the meeting at Gemcraft and Mr. Munster confirmed the meeting took place at the builders office located at 8003 Franklin Farms Drive, Richmond, VA. 10. QBW's office contacted the builders main office who indicated that their office on Franklin Farms Drive had been closed for at least 7 to 8 months and that Rick Vornadore had not worked for the company since at least October 2006. 11. On February 22, 2007 Munster's employment with QBW was terminated for willful misconduct, fraud and deceit. 12. Based on the fraudulent and contrived entries concerning Gemcraft Homes, QBW has reason to believe that Munster was engaged in other activities and did not devote his full efforts to the business of QBW as required. QBW requested a full accounting of time in which Munster indicated he was working on behalf of QBW. As of this date Munster has not provided the requested accounting. 13. QBW believes and therefore avers that Munster was not working on behalf of QBW and was involved in other endeavors and therefore request reimbursement of all salary and expenses paid to and occurred by Munster as follows: Salary $7,174.34 Asst. Salary $327.50 Health $1,636.12 Hotel/Training $1,185.84 Jan. Auto $500.00 Total: $10,823.80 14. Jurisdiction is proper in Pennsylvania since the parties' agreement indicates "this agreement shall be interpreted under Pennsylvania Law and any suit shall be instituted in Pennsylvania in a court of competent jurisdiction. Employee consents to the personal jurisdiction of the Pennsylvania Courts." Wherefore, Plaintiff, Quality Builders Warranty Corporation, demands that the defendant, Roy D. Munster, be required to provide a full accounting of time expended where he claims he was working on behalf of QBW for the period January 2, 2007 to February 22, 2007 and that he be ordered to pay the sum of $10,823.80 to reimburse QBW for the cost incurred, including attorney's fees and cost and such other relief deemed advisable by the court, said amount being less than the jurisdictional limits required by arbitration. Respectfully Submitted, Gill, Esq. 325 North Second Street Wormleysburg, PA 27043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation 12/06/2006 09:42 -8049340085 AFLAC CENTRAL VA PAGE 02/02 vurLut:rc ttnKKnnl`1 IfHX)flf fjl 9169 P. 003!003. G EME This Agreement is made on the 5e' day of ' 6er, Co"OR?1'TION " ,'2006 between QLTAT M BUILDERS WA UUNTY QBW,and ROY D, MUN "EMPLOYEE". WHEREAS, QBW desires to employ EMPLO' employed by QBW as =.It-will employee, WHEREAS. as prarerpiki to for employment v restrictive covenant, ac Rn at-will CmPloyce and whereas, EMPLOYEE duvinm to be QBW' E1tiII'LOYM umst execute this agreement containing a N6w,113MFORE? in consideration of tho mute it is agreed between QBW and EMPLOYEE as.fr E11DLOYE7E agrees that at no time during rho t following the termination of employment, will hcJ be employed by or in soy way become aiBliawd member in the QBW Pam at any time during affiliated with any other warranty program or cud competitor of QBW in the stares where QBW dog an agreement with AFLAC. Upon signing this ap with AFI.,AC. It is understood that EMPLOYEE mo=U far aceouttts previously wdm, however t his fall efforts to the business of Q73W and is not; the expimdon of I1 mocrthc EMPLOYER will sue cmflmissiom as outlined above, EMPLOYEE sb Prokssional nature to any other person or orgaai EbWLOYElu also agrees that any and all record addresics of bui.1ders registered in the Program i business and operation of QBW applicant brilde Pmparcd by EMPLOYEE, or o6arwise corning irrl be the exclusive property of QBW and will be 1 EMPLOYEE agrece not w make copies of any in1 computer sofl<watc. EMPLOYEE shall not at any, QBW and its duly authorized offcm and employ builders, their credit clasications, records, std builders, or infbrnutgoa lcmad eaucerning the policy limits, etc., acquired by EMPLOYEE or an capacity whatsoever since this Wartmdon is coo any manner, directly or indirectly, aid or be party ? me good will or business of QBW, or its relation] business and regulatory relationships. No comps, bardwam or software, am returned in good and woe tea' e-Scepted. Additionally no commissions will b? with employment. EMPLOYEE will be responsii asaoeiated with any dwnasc to or rexum of the eq Pennsylvania law and any suit sball be instiArted consents to the personal jurisdiction of the Penury Ie connection with employment you will receive an QUALITY BUILDERS WARRANTY CORPORA By: !o F. 0 r -Vice Pncsident I D. 12/06 sec fbrdt herein and intending to be legally bound bereby, ra o f employment, and for a period of two (2) y? immc&tely , for himselflherself or on bchalF of any pawn otber than QBW, any builder who appiiod :for mcmbcrst,ip or who wa, or is a, ptoyee's employment or be employed by or in any way become e in t1w recruitar mt of builders for and in connection with any ?uiaess. EMPLOYEE 10 eatrrently Collecting commissions under ant, EMPLOYEE will resign his curt+ettt position / rely continue to celled residual commissions f ern AFLAC For I I servicing of the accounts is required. EMrLOVEE will devote to refer or co-broke any business on behalf of AFLAC. At rdderr 11 AFLAC writing mmbets. Other than Collecting r(Sidual irectly Or Mr ectIy render anY services of a business or r compensation wiles consented to in writing by QBW. computer or other, including but not limited to the names and +d at?v Other records relating in, any manner whatsoever to the or prospective Vplicaab, prospect caz&, whether compiled or his/her possession, inchWbg copies, or computer databas%, shall turned to QBW immediatcly upon termination of employment. rrmation provided to him/her or ropy aoy information on or from ime directly or indirectly, use or disclose to any person, except to 0J entitled thereto, the list of prospective, fa&9red or applicant cs, or other information with respect to rcgistored or applicant 3W program including rates, mvcaucs, insuraum relationships, pnc else in the course of ft perfotmauce of his/her duties in any actin! and not available to the public. EMPLOYEE shall rM In any acts, the effect of which would divert, diminish or prciadice tips with its employees, past and present or fid= as well as its sation due will be paid until all materials, including ceunputcr ng condition and is tltc same wndition reccivcd, normal west and Paid afm the last day of employmuu slant commission's cease a for any tampering with information on the computer and cost ?mcnt and materials. This Agreement shall be interproted under 'ennsyrlvania in a court of competent jurisdiction. EMPLOYEE da courts. handbook which provisions arc incorporated herein. BIT A VERIFICATION I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Complaint is true and correct to the best of my knowledge, information and belief, and that I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unworn falsification to authorities. Quality Builders Warranty Corporation Date: 3 -,Z2 - O 7 By: oseph ;.q,,, resident IN4 clt/ lJ b C T__ C- C_ C=3- C=2 rv -ca w 0 w ?i Per.Kr-r 07-1571 SERVICE OTHER THAN BY VIRGINIA SHERIFF -6es&No ................................................................................. COMMONWEALTH OF VIRGINIA Court Of Common Pleas Cumberland County, Pennsylvania ..................................................................................................................... Quality Builders Warranty Corporation v Roy D. Munster ............................. .......... ............... .............................................. Roy D. Munster, 8332 Charing Lane, Glen Allen, Virginia 23059 ............................................................................................................................................................................................................................................................. is the name and address of the person upon whom service of the following is to be made: ® Summons and Complaint ............................................................................................. Noticeand Complaint............................ I, the undersigned, swear/affirm that 1. ? I am an official or an employee of an official who is authorized to serve process of the type described in the attached Proof of Service and my title and bailiwick are as follows: ................................................................................................................................................................................. or, ® I am a private process server (list name, address and telephone number below). George F. Cameron (Cameron Investigations, LLC) .................................................................................................................................................................................................................................... P. O. Box 6195 Glen Allen, Virginia 23058 804-366-5347 ....................................... ................................................................................................................................. 2. I am not a party to, or otherwise interested in, the subject matter in controversy in this case. 3. I am 18 years of age or older. 4. I served, as shown below, the above-named person upon whom service of process was to be made with copies described above. p - Date and time of service: ....3??.7 :t.7..P. M ................................................................................................... - Place of service:..... ..!v fC I ..................................... STREET ADDRESS, CITY AND STATE - Method of service: Personal Service I F] Not Found ? Being unable to make personal service, a copy was delivered in the following manner: (If served outside of ? Delivery to family member (not temporary sojourner or guest) age 16 or older at Virginia, use only usual place of abode of person to be served after giving information of its purport. personal service.) List name, age of recipient, and relation of recipient to party ....................................... ... . ...................................................... ............ .. .. .. ........... -o- .... Posted on front door or such other door. .as.appears.. . to be the main entrance of usual place of abode (other authorized recipient not found). ? (Gamishment Summons Only, § 8.01-511) Copy mailed to judgment debtor after serving the garnishee on date of service below unless a different date of mailing is shown. .............................................................................................................................................................. DATE OF MAILING :l....1 /. ................................... DATE M.....' Name (Print or Type). W w . V.' '? ........................................................................................................................................................................................ State of ............... ................................................................ , ? City County of......yr..........A......................... ...... Subscribed and sworn to/affirmed before me this day by.... ?7??!l:...... r...! ............................ H )1710-1 ............................ DATE ,-g - - V? NOTARY PUBLIC My Commission Expires:.... FORM CC-1407 (MASTER) 1/06 PDF VA. CODE §§ 8.01-293,8.01-320,8.01-325 z}r ;;o rri 6, W QUALITY BUILDERS WARRANTY IN THE COURT OF COMMON PLEAS CORPORATION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v ROY D. MUNSTER CIVIL TERM Defendant DOCKET NO. 07-1571 To: Roy D. Munster 8332 Charing Lane, Glen Allen, VA 23059 Date of Notice: May 7, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Respectfully Submitted, John A. Gill, Esquire orth Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation t CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Notice of Default was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Roy D. Munster 8332 Charing Lane Glen Allen, VA 23059 ate Peg rrison, Secretary _ ` [lift. ' t LTA- 1 7- <e 40 1 Jason M. Weinstock, Esquire PA I.D. No. 69272 Maggi E. Colwell, Esquire Pa. I.D. No. 88632 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Attorneys for: Fax: 717-238-6691 DEFENDANT QUALITY BUILDERS WARRANTY IN THE COURT OF COMMON PLEAS CORPORATION, CUMBERLAND COUNTY, PENNA. Plaintiff, vs. DOCKET NO.: 07-1571 ROY D. MUNSTER, Defendant. CIVIL ACTION NOTICE TO PLEAD TO THE WITHIN NAMED PARTIES: You are hereby notified to file a written response to the within New Matter within twenty (20) days of service hereof, or judgment may be entered against you. IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: N M. WEINSTOCK Dated: June 6, 2007 Jason M. Weinstock, Esquire PA I.D. No. 69272 Maggi E. Colwell, Esquire Pa. I.D. No. 88632 IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Fax: 717-238-6691 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff, vs. ROY D. MUNSTER, Defendant. Attorneys for: DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO.: 07-1571 CIVIL ACTION ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Roy D. Munster, by his undersigned attorney, hereby answers Plaintiffs complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted only that Defendant executed an agreement with Plaintiff indicating that, other than collecting residual commissions from his prior position at AFLAC, Defendant would devote his full efforts to the business of Plaintiff. All of the remaining aspects of this averment are denied in that Defendant executed the agreement on December 6, 2006, not December 5, 2006. 5. Admitted. 6. Admitted. By way of further pleading, Defendant was not contractually obligated to document his activity by entering telephone calls and meeting information into a laptop computer provided by Plaintiff. In fact, Defendant did not become aware of this requirement until after his date of hire. Defendant was of the understanding that this requirement only applied to a Territory Sales Representative position and not Defendant's position as a Regional Sales Director. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied, as after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 11. Admitted in part, denied in part. It is admitted only that Defendant's employment with Plaintiff was terminated on February 22, 2007. All of the remaining aspects of this averment are denied in that Defendant did not commit willful misconduct, fraud or deceit. 12. Admitted in part, denied in part. It is admitted only that Plaintiff requested a full accounting of Defendant's time and Defendant did not provide the requested accounting. All of the remaining aspects of this averment are denied in that Defendant devoted his full efforts to the business of Plaintiff, did not engage in other activities, and abided by the terms of the parties' agreement. 13. Denied. To the contrary, Defendant was not involved in other endeavors and was working on behalf of Plaintiff only. 3 14. Denied. The allegations contained in paragraph 14 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiff, together with reasonable costs. NEW MATTER 15. Paragraphs 1-14 of Defendant's Answer are incorporated herein by reference as if fully set forth. 16. Defendant, Roy D. Munster, was terminated by Plaintiff, Quality Builders Warranty Corporation, on February 22, 2007. 17. On December 5, 2006, Plaintiff provided Defendant with an engagement letter setting forth the terms of Defendant's compensation. A true and correct copy of the engagement letter is attached hereto as Exhibit "A." 18. Pursuant to the terms of the engagement letter, Defendant is owed the following compensation: $ 50.00 Cell Phone Purchase Expenses; $ 60.00 January 2007 Cell Phone Expense; $ 60.00 February 2007 Cell Phone Expense; $ 1,678.88 January 2007 Rent; $ 1,678.88 February 2007 Rent; $ 69.00 Thomson Prometric Test; $ 245.00 Financial Academy Class; 4 $ 53.69 Envelopes and Stamps; $ 14.62 Cold Calling Gifts; $ 30.61 Fed Ex Expenses; $ 711.80 Richmond Times Dispatch Expense; $ 500.00 February 2007 Car Allowance; and $ 1,072.80 Defendant's Salary from February 16, 2007 to February 23, 2007. $ 6,225.28 TOTAL 19. The amounts due Defendant by Plaintiff constitute wages under the Pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. Ann. § 260.1, and the action of Plaintiff constitutes a violation of the Pennsylvania Wage Payment and Collection Law. 20. In accordance with 43 Pa. Cons. Stat. Ann. § 260. 10, Defendant is entitled to liquidated damages in an amount equal to twenty-five (25%) percent of the wages due. 21. In accordance with 43 Pa. Cons. Stat. Ann. § 260.9a(f), owing to Plaintiff's action, Defendant is entitled to attorney's fees associated with this action. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiff in an amount owed to Defendant, together with interest, costs and attorney's fees. 5 Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: JASON M. WEINSTOCK VERMCA'ITON I, Roy D. Munmer, verify that the statements in the foregoing ANSWER AND NkW MATTER are true and correct. I undarstand that any false statements herein are made subject W the penalties of I$ Pa. C. S, $ 4904 relating to unsworn falsifications to authorities. Dated: 3 ?®O ? r? 1tC)Y1). MUNSTER UCH-U]-CUUb Ib:US Dccember 5; 2006 UUALITY BUILDERS WARRANTY (FAX)T1T T'T 9189 F. 002/003 :. ...... ,uuuvyu u,aa.ra?ab waa? ww.. ... ,........) ........r.avJ...v...,...... .... .......-....J ?-- -- ------- ____ coizipensatiort;; terms are as follows: base salary; w'ill' 'be '.$70;000:00.::: ln.:,tns of commission; you will receive 1% on all approved builders: sigiled:'by,::yaur Territory IVltii gcrs;for a period of 4 or 5 years ;'dependini.on.the'-196i.ider Agreerncat,.,plus a one- -ti;nie $140:commission for every approved bualder.(excluding aI'filiatc applications).. For builders;thal you pc}rsanally;sign-up;: you -,vnll seceive,`$200.pcr approved liuilder'($100 upon approval and $100 uponl receipt of Crst :paioenrollment„.excitiding aCCl?ate; applications) and a 3%..comrriiss10114plus the Ma Saes ManagerconiinisSton,:ror a:period of 4 6r°5 years, depending on the Builder A,gxvement. Your personal sales: r1lYota will: be of a approved builder per montli'totaling::501,onies per year or $10:N1illion.in salesfor tlic prcv%ous fiscal year. The expectation for:ilic:siic of your'saies..team will be aaninimum of five Territory Managers. QByV will reimburse you for ezpensr s, including your-puirent office:lease, for use of ivas a` QB.W office. Additionally; :yoa: will rc ccivtw _a onthly $SOO:ear allowance fl at`:will commence upon your first day in the, corporate :.office, January: 8: 2007:: 'Your: Health Tnsuran. for you and your: family! will..be..,'provirlcd thrau?Yi 133ue . Crgss...or. a.. cal provider:.which includes dental, vision and prc;cziption. You will be enrolled in.QBW's profit .sharing program on July 1,:.2003 and eligible: for cotiWbution for year ending 42/3112008: You will be required to obtain your Virga:Insurance :License..for Property and Casualty as a condition of being: a nployed. as. the :Regional: `Sales-Director by February 2$; 2007. QBW will reimburse you'for the cost of the test 'and training when license. 5 granted. When you'arrive at QBW for training, you will ,receivaI 'top with . .4p Goldmine:Sales software. As part of the hiring praccdures,:you wi.lf.be regdired to: take a drug. test, on., your*. first day in the office. Additionally, please bring.. two:.falms of identification:(such; as<Driver's License and. Social Security'Car- and a cancelled check, if you wish to sign-up-for direct deposit. 1 have enclosed the non-compete contract. Upon signing and returnm. g..the,non. compete we will -forward the sales manual. to you for your at home study.' Roy, we :are.extremcly, excited about-having you.as'a member of our team: We feel that.your personality, -skill set and bdsincss ethics will be. quite the compliment to our management team. Sincerely, Tor an F. shefski 325, Nnrth Second Street, Wormleys6urg, IA '17043. Vice President ph:. 717.737.2522 fax: 717.737.4238 www,gbwc.cum EXHIBIT M AN CERTIFICATE OF SERVICE AND NOW, this 6th day of June, 2007, I, Jason M. Weinstock, Esquire, attorney for Defendant, Roy D. Munster, hereby certify that I served the within ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 By:_ M , - L.?? JASON M. WEINSTOCK C? ?' O -r QUALITY BUILDERS WARRANTY CORPORATION Plaintiff V. ROY D. MUNSTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-1571 CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Quality Builders Warranty Corporation (QBW), by its undersigned counsel, hereby files the following reply to Defendant's New Matter as follow: 15. Paragraphs 1-14 of QB W's Complaint are incorporated herein by reference. 16. Admitted. By way of further answer Defendant's employment was terminated on said date for willful misconduct, fraud and deceit. 17. Admitted in part and denied in part. It is admitted that QBW provided the Defendant with a letter attached to Defendant's New Matter and marked as Exhibit A. It is the Defendant's characterization of the letter as an "engagement letter" is specifically denied. 18. Denied. It is specifically denied that QBW owes Defendant any amounts. 19. Denied. It is specifically denied that Defendant is due any amounts from QBW and it is specifically denied that the itemization of expenses are wages. 20. Denied. The allegation contained in 120 is a conclusion of law to which no reply is required. Additionally, said allegation is improper for allegations in New Matter. 21. Denied. The allegation contained in 121 is a conclusion of law to which no reply is required. Additionally, said allegation is improper for allegations in New Matter. WHEREFORE, Plaintiff, Quality Builders Warranty Corporation respectfully requests that they be awarded the relief sought in its Complaint filed against Defendant, Roy D. Munster. Respectfully submitted, AJO Gill, Esquire orth Second Street Wormleysburg, PA 27043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Cowration VERIFICATION I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing Plaintiff's Reply To Defendant's New Matter is true and correct to the best of my knowledge, information and belief; and that I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 6- ? 7- A o o Quality W Corporation By: L Joseph M. Olshefski, President CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Plaintiffs Reply To Defendant's New Matter, was sent via U.S. Mail, first class postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, addressed as follows: Jason M. Weinstock, Esquire Ira H. Weinstock, PC 800 North Second Street Harrisburg, PA 17102 19 a.aa ?dZ i Date Peggy orrison, Secretary -Z t t'TS" -r' Tj _ 2? tV rn -`? C=.. t 1 QUALITY BUILDERS WARRANTY CORPORATION Plaintiff V. ROY D. MUNSTER Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 07-1571 : CIVIL TERM STIPULATION/PRACIPE The Parties stipulate that Defendant's ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT filed in the within action be amended to state "Answer and Counter Claim to Plaintiff s Complaint" and that the New Matter be considered a "Counter Claim". The Prothonotary is directed to mark the above-captioned matter, including Plaintiff s Complaint against Defendant, and Defendant's Counter Claim against Plaintiff as "Settled, Discontinued and Forever Ended." Respectfully Submitted, JQt,. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 Attorney ID #41532 Attorney for Plaintiff Quality Builders Warranty Corporation Maggi E. ?? Esquire Ira H. We P.C. 800 N. Second Street, Suite 100 Harrisburg, PA 17102 (717) 238-1657 Attorney ID #88632 Attorney for Defendant/Counter Claimant Roy D. Munster C7 r -r I n v Z, . Q -<