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HomeMy WebLinkAbout99-067331 L 1? ?v :? ? c. ? ?.? w` r?? n i®! t i 7HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ESTHER M. WALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW 7?3 WALTER S. HOFFMAN, INC. and : NO. 99 -? CIVIL TERM JEFFREY S. HOFFMAN, individually, Defendants : IN ASSUMPSIT NOT/CE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 243-3166 ESTHER M. WALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW WALTER & HOFFMAN, INC. and : NO. 99 - 6, 7 ' _y CIVIL TERM JEFFREY S. HOFFMAN, individually, Defendants : IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint, representing as follows: 1. The plaintiff is Esther M. Walter, and adult individual residing at 707 Gobin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant Walter & Hoffman, Inc. is a Pennsylvania corporation with a mailing address of 150 West Hanover Street, Dillsburg, York County, Pennsylvania 17019. 3. Defendant Jeffrey S. Hoffman is an adult individual residing at 9 East Willow Terrace Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On August 20, 1993, plaintiff loaned to the defendants the sum of $8,956.05. A copy of the loan agreement is incorporated herein by reference and attached hereto as Exhibit "A". 4. Under the terms of the loan agreement, defendants agreed to pay interest on the unpaid principal balance at the rate of 10% per year. They also agreed that the loan could be terminated by either party with a minimum of 60 days notice. 5. On or about March 24, 1999, plaintiff sent written notice to the defendants that the loan was being terminated and further advising defendants that the entire principal balance and accumulated interest thereon was due to her within 60 days. 6. Subsequently, plaintiff provided and additional verbal notice to defendant Hoffman that the balance, including interest, was to be paid within 60 days. 7. The defendants have failed and refused to make any payments of principal or interest to the plaintiff and continue so to refuse despite the fact that the 60 day period provided for in the agreement expired on or about May 24, 1999. WHEREFORE, plaintiff demands judgment against defendant in the sum of Fourteen Thousand Three Hundred Twenty-nine and 68/100 ($14,329.68) Dollars, computed as follows: Principal Balance Interest from 8/20/93 @ 10% Total $ 8,956.05 $ 14,329.68, plus costs of this action. November 6 , 1999 L0 HAROLD S. IRWIN III Attorney for plaintiff 35 East High Street Carlisle, PA 17013 (717) 249-2353 VERIFICATION I hereby verify that I am the plaintiff in this action and that the facts in stated in the above complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. November, 1999 ESTHER M. WALTER EXHIBIT #A " r- R I as I ? ?S i WALTER 8 HOFFMAN DIST 150 WEST HANOVER STEET DILLSBURG PA 17019 ON 8l2(M THE BOARD OF DIRECTORS VOTED TO ACCEPT A LOAN FOR 8956.05 . AT A YEARLY INTREST RATE OF 10% PAID ANNUALLY THIS CONTRACT WILL BE IN EFFECT FROM THE TIME EACH PARTY SIGNS. THIS LOAN CAN BE TERMINATED BY EITHER PARTY WITH A MINIMUM OF SO DAYS NOTICE OR REPAYMENT OF THE LOAN. PRESIDENT i ESTHER M.WALTER_ C-iG DATE 2a AJ y3 DATE 043?j SEAL KL? ' :,, .273-o 220 SHERI FMS RETUPN OUT OF COUNTY CASE NO: 1999-05733 P C0:,iMONL9EALTH OF PENNSYLVANIA: COUNTY OF CUMDERLAND PIALTER ESUER i-i vs. WALTER & HOFFI%IAN, 1.,:C ETC R. Thomas Kline Sheriff, who being duly S7iOr:^. according to lavV says, that he made a dilioc-nt :search and inquiry for the within named defendant, to wit: ,SALTER & HOFFi4AN !NC but %..as unable to locate Them in his bailiwick. He therefore dep utized the sheriff of YORK Counts, Pennsylvania. to serve the within Cti•IPL-.INT IN ASS UMPSIT/NOTICE On December 2nd, 1999 _ this office was in receipt or the attached return from YORE; County, Pennsylvania. Sheriff's Costs: So ans%-jei-: _ Docketing 6.00 Out of Ccuiay 9.u? Surche.''ge cc^.CO /Tiiiin,s ::1_rie-5re Irr•. Dcp. York County 15.75 'joo:%6 r.AOiD S.. IR:•]iAi, ii 1 ? /1i l ?•GJ Sworn and subscribed to before me this /31" day of 19 9y A. D. ?i `fl`?ros"Liiono ? i=yr-f? - SHERIFF'S RETURN - REGULAR CASE NO: 1999-06733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALTER ESTHER M VS. WALTER & HOFFMAN INC ETC CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT IN ASSUMPSIT was served upon HOFFMAN JEFFREY S defendant, at 13:58 HOURS, on the 1st day of December 1999 at 9 EAST WILLOW TERRACE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to HEIDI HOFFMAN (WIFE) a true and attested copy of the COMPLAINT IN ASSUMPSIT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 6.20 ??L 2 Affidavit 00 Surcharge 8.00 omas ine, nerif? $3Z-Z0-HAROLD S. IRN]IN, I 12/02/1999 by -?/ y ze L r. Sworn and subscribed to before me this !3 x - day of 19 QCl A. D. ? - onoary rULT ' rl'-7- the COUNTY OF YORK. OFFICE OF THE SHERIFF 5(;;; 771-9601 26 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIOEI PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LPLAIDO NOT DETACH AEsthe Walter 2.000RTNUMSER g9-6733 EFENDANT/SM 4. TYPE OF IVRIT OR COM,`Walter & Hoffman, Inc & Jeffrey S. Hoffman SERVE 5. NAME OF INDIVIDUALCOh1PANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROP RTa TO OE LEVIEDATA ED OR SOLD. I Walter & Hoffman, Inc. 11 6. ADDRESS (STgE OR RFD WITH BO% NUMBER. APT NO , CITY, pORO TVJR b- AND ZIP CODE AT 150 West Hanover Street, Dillsburg; PA 17019 u rensurvAl G PEgSON IN CHARGE O DEPUTIZE 0 CERT. MAIL G IST CLASS MAIL Cl POSTED ? OTHER NOW 19 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of to law. Thfs deputation being made at the request and risk ofCthe OUpNa n„fexecute this Writ and make return thereof according a. SPECIAL INSTgUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN E%PEDITING SEflVICE: ovnrv OUT OF COUNTY CUMBERLAND ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF ExECUT10N: N. B. WAIVER OF WATCHMAN -Any deputy sheriff levying same without a Watchman, in custody of whomever is found in possession, afha nobl in plaintiff TV herein to, any loss, tl05iruclion, or removal of any properly before shenll's Sala thereof. y g person of levy or mtacnenl wahoui liability on Iho pa of such deputy or the Sher 11 to a y n 9. TYPE NAME AND AND ADDRESS al Ha ATTOgNEY/ORIGINATOR and SIGNATURE 1 arrjo`lld d} 3. Irwin, III , ESC. 'RE _?Jp ?? 0 TELEPHONE NUMDER 1. DATE FILED 12 RD F167(CE S Op 5 VI E ?p?pytTE-N ?'gND AD SS geLp 1 Ibis area must be eomplated it notlca Is to be m7il 7 249-2353 11/ 8/99 Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I a.1 acknowledge receipt of the wnt SIGNATURE OF AUT?LERK Or eomplainl as indicated above 14. Date ROccrvetl 15. Espuaf mvlK}QQQ( B Fees r 11/15/99 12/8/99 16 HOW SERVED PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SIfERIFF S OFF ( ) OTHER ( ) SEE REMARKS 17 I flerebyaondy and return a NOT FOUND because I am unable to locate the individual, company, corporahen. etc. named above. (SOO remarks below.) 16.NAMEAND TITLE OF INDIVIDUAL SERVED/LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendanfi to. Date of Serve 20. Time of Service !1. ATTEMPTS i?? fl Tlmol Miles Int. DatO j7lmo; Miles. Int. Datc Time Miles Inf. Date Time Miles Int Date Time Miles Int. Date Time Miles Inf. 19 2. REMARKS: 15!1.?Li 93 sr. 1^n PT `,' FS C•iLnSl.i C, /)SL(_:6i--C' LFF7 N:• rc;.7 ?. A. l>i%? G 3 ?C? 23. Atlvane . Casts 0 24. Service Costs 25. N/F 26. Mdeaga 27. Postage 28. Sub Total 20. Pound 30. Notary Fee $75o 0 I 31. Surcharge 32 To,,[ Costs 33 Cost Due Refund 9,00 5 00 29 76 3a Fora gn co I costs 43 76 2 00 45.76 Y 35 Ad ante 11136. c $29.24 C70 ?n 41.AFFI Mwft?WJr1 gQri1 1!.lnis d 44. Signature of SO ANSWER. A Pubic D h ng N_ 42.dar Yo tow lg 99 45. Signatureal York TAMES V. 43. County Shenlf VAAG ACT le HOSE, SHERIFF'? COUNTY OF YORK OFFICE OF THE SHERIFF S(1;) 7 ; y 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 . n DO NOT DETACH ANY COPIES. _ A'alter & Hoffman, Inc & jeLfrey S. iioft .an i Complaint In Assuapsit ,I . SERVE 5 NAME OF INDIVIDUA4 COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD. I' Vlaltar a i o£ffran, 1rc. 6. ADDRESS (STREET OR RFD WITH BO% NUMBER, APT NO., CITY, BORO, TWP., STAT E AND ZIP CODE AT 1.SC vast Hanover Str?'t, Giiisburg, PA 1701.9 11 7. INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE 0 DEPUTIZE ? CERT. MAIL D 1ST CLASS MAIL O POSTED 0 OTHER Ili NOW 19 _ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SnEnli L Y nR IINiY ia. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CUT OF COUNTY CUMBERLAND ADVANCE PEE PD BY CUi•li? CThNI) COUf*rY SHE4F.Pf same without a watchman, in custody of whomever Is found in possession, alter noti/ in r "wul r >innjjt ,°vpny upon ur auacmn9 any property under within wnt may leave y g person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any properly before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Harold S. irein, 111, Essq. oc L -? r?1-.1, c1•.?-? ra a 1 Dn 17n1a %17-2?9-2353 11/8/99 12 Ku [JUL U• SERVICE COP TO NAME AND ADDRESS BELOW: urns area must be com ilered 11 nnden re In Fn mdlnA\ Culrlberland County Shari-fZ SPACE BELOW FOR USE OF THE SHERIFF ONLY - C 13. 1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK or complaint as Indicated above. $ p'2PSPr 16. HOW SERVED: PERSONAL( ) RESIDENCE () POSTED ( ) POE ( ) 17401 hereby certify and return a NOT FOUND because I am unable to locate the individual. mmoanv in, i.,= 23. Advance Ce<. $75.00 9.00 1,.00 129.76 14. Date Receive .11/.15/99 SHERIFF'S OFF( ) ation, etc, named above. (See ship to Defendanp 19. 12/8/99 OTHER (j SEE REMARKS arks below.) of Service 20. Time of Service si Int. Date Time Miles Int. 26. 76 ` SOANSWER.'t 41.AFFIRMED and subscribed to before me this 23rd 44.Signaturoof Sheriff 42. day of` NOVe7?tlflr 1999 45.Signatureol Yori jA.%lIi5 V Vri'NI?tT . , County Sheriff 1 43. ? ) //r', HOSE, :,1'EPIFF I r! <.. , JPJou /aSwtaryM ry ?DYe 46. signature of Foreign MY COMMISSION EXPIRES, 1 rln - Coun Sheriff s „v O,v? f 50.1 ACKNOWLEDGE RECEIP p HE SHERIFF'S RETURN SIGNATURE "gOF71VI}IORIZED'ISSI1jIJA-tO lYnh•VXK16141••ri'r^^^^^wA'+?^-^•+•.•,--..?.--. .... `?. .?c?-.,. t-WHITE-issuing AUlhonry 2.PINK•Aeomey 3. CANARY. Shedlfs Office 4. BLUE - ShedlrS Office -, +J ^O 45.76 $29.24 11 7osls 40. Cost Due or Refund N. 1 99 ESTI IrR \4. WALTER. ) IN THE COURT OF CO,NINION PLEAS OF ) CU\1BI-RL.AND000N-F)'.I'I--NNS)'LVAN'IA Plaintiff, ) CIVIL ACTION - LA %V NO. 99-6733, - CIVIL TERN1 WALTER &, 1-I0FFNAN, INC. and ) JEFFREY S. HOFFMAN, Individually, ) Defendants ) ORDER NOW this - day of . 1999, upon consideration of the preliminary objection filed by defendant Jeffrey S. Hoffman, said preliminary objection is granted and the complaint is dismissed as to defendant Jeffrey S. Hoffman. Individually. "file caption of the complaint shall be amended to reflect this dismissal. BY TI IE COURT ESTHER M. WALTER. Plaintiff, vs. WALTER & HOFFMAN, INC. and JEFFREY S. HOFFilIAN, Individually, Defendants > IN -f1H3 COURT OF CONINION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6733 - Cl VI L TERM ) I'll ELIMINARY 013.1ECI'ION OF I)EFENDAN l' JEFFREY S. I IOFFiUAN AND NOW, comes defendant Jcffrcy S. Hoffman and files this preliminary objection to the complaint io the above matter averring as follows: 1. LEGAL INSUFFICIENCY OP THE PLEADING (DEMURRER). The caption of the complaint lists Walter & Hoffman, Inc. and Jeffrey S. Hoffman, Individually, as the defendants. 2. Paragraph 3 of the complaint (there are two paragraphs designated as paragraph 3, this reference is made to the second paragraph 3), states that the plaintiff loaned to the "defendants" the sum of SS,956.05. It further indicates that a copy of the loan agreement is referred to and incorporated as Exhibit "A." 3. Exhibit "A" to the complaint clearly reflects that the loan was made to Waller & Hoffman Distributors on August 20, 1993, and on that date the Board of Directors of Walter & Hoffman Distributors voted to accept the loan on the stated terms. 4. The signature of Jcffrcy Hoffman on Exhibit A is as President of Walter & Hoffman Distributors, not individually. 5. There is no reference in the complaint or in Exhibit A that the loan was to Jeffrey S. Hoffinan, individually, nor is any other basis alleged in the complaint that would form the basis for personal liability on the part of Jeffrey S. Hoffman, individually. WHEREFORE-, defendant Jeffrey S. Hoffman requests that the complaint as to him individually be dismissed, since there is no factual basis alleged for individual liability and Exhibit A reflects that there is no personal liability on behalfofdefendant Jeffrey S. Hoffman. To the contrary, Exhibit °A" confirms that the loan was to and accepted by the corporation, not to Jeffrey S. Hoffman individually. Respectfully submitted, KEEFER WOOD ALLEN S RAHAL, LLP BY ,k n4-J 0 5 • /&+ Ste hen L. Grose, Esquire Attorney I.D. #31006 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17105-1963 (717) 255-5052 Attorney for Defendants Dated: December t5 , 1999 CERTIFICATE OF SERVICE. 1, Stephen L. Grose, Esquire, one of Ilie attontcys for defendants hereby certify that I have served the foregoing Preliminary Objection, upon COUnSCI of record this date by depositing a true and correct copy of the same in the United Stales mail, first-class postage prepaid, addressed as follows: Harold S. Irwin, 111, Esquire 35 East High Street Carlisle, PA 17013 KEEFER WOOD ALLEN & RAHAL, 1-1-11 By- Ateen L. Grasc Dated: December 15 , 1999 ,. `,: HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717)243.0090 ATTORNEY FOR PLAINTIFF ESTHER M. WALTER, Plaintiff VS. WALTER & HOFFMAN, INC. and JEFFREY S. HOFFMAN, Individually, Defendants : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99 - 6733 CIVIL TERM : IN ASSUMPSIT PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please settle and discontinue the above matter, without prejudice to the Plaintiffs. January 14, 1999 ZI HARIOLD S. IRWIN, II Attorney for Plaintiff 35 East High Street, Suite 202 Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 ?' ` ? - _ 1`s ? < - :: «'? ? ' ,. ; .,,, - _ ?<: ` ' J ? .)` U ?'