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HomeMy WebLinkAbout07-4137 ARLENE L. MIXELL, Plaintiff v. DANYELLE L. SCHEIBELHUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO . ~ ~ ~ ~~ CIVIL ACTION - LAW CIVIL TERM N O T I C E 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 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 THI5 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By: Jennif B. Hipp, Esquire Pa. I.D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Arlene L. Mixell ARLENE L. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v , DOCKET NO . 0 ~ ~ y ~ 3 CIVIL ACTION - LAW DANYELLE L. SCHEIBELHUT, . Defendant CIVIL TERM COMPLAINT Arlene L. Mixell, Plaintiff, by and through her attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is Arlene L. Mixell, an adult individual, with an address of 2106 54th Avenue, Vero Beach, Florida 32966. 2. Defendant herein is Danyelle L. Scheibelbut, an adult. individual with an address of 315 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. In accordance with a proposal made by Plaintiff, which proposal was made upon the request of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to loan the sum of $10,000.00 with interest at the rate of seven percent (7~) per annum to Defendant. 4. Plaintiff and Defendant entered into a Promissory Note, as executed by Defendant and dated August 8, 2006. A copy of the Promissory Note, along with an Amortization Schedule is attached hereto, marked Exhibit "A" and incorporated herein. 5. Pursuant to the terms and conditions of the Promissory Note, Defendant is obligated to make forty-eight (48) monthly installments to Plaintiff, said monthly installments to be in the amount of $239.46. See Exhibit "A" 6. Defendant's first installment payment was due to Plaintiff on or before September 1, 2006. See Exhibit "A". 7. If Defendant was more than five (5) days late in making the monthly installment payment, a $75.00 late fee is assessed and Plaintiff may declare the entire balance of unpaid principal due immediately, together with interest and late fee penalties. See Exhibit "A". 8. Defendant last made a payment to Plaintiff for the month of February, 2007. 9. Defendant has failed to make the monthly installment payments due to Plaintiff since February, 2007. 10. Plaintiff and/or Plaintiff's daughter and representative, Angela L. Kotinsly, made repeated requests of Defendant for payment, all of which Defendant has ignored. 11. Payments of all amounts due were to be made to Kotinsly at Kotinsly's address of 1016 South Market Street, Mechanicsburg, Pennsylvania 17055. COUNT NO. 1 - BREACH OF CONTRACT 12. The averments of Paragraphs 1 through and including 11 hereinabove are incorporated herein by reference thereto. 13. By virtue of the contract entered into between Plaintiff and Defendant, Defendant agreed to pay, in full, the principal amount of $10,000.00 and interest at the rate of seven percent (7~) per annum, which outstanding balance as of March 1, 2007 is $8,897.00, plus interest in the amount of seven percent (7~) per annum and a $75.00 late fee. 14. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought her account current. WHEREFORE, Plaintiff demands judgment against Defendant, Danyelle L. Scheibelhut, in the amount of $8,972.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO 2 - 4UANTUM MERUIT/IMPLIED CONTRACT 15. The averments of Paragraphs 1 through and including 14 hereinabove are incorporated herein by reference thereto. 16. Pursuant to the requests made by Defendant, Plaintiff provided Defendant with the sum of $10,000.00. 17. Pursuant to the terms and conditions of the Promissory Note, Defendant was required to pay the principal sum of $10,000.00 to Plaintiff, plus interest at the rate of seven (7~) per annum on the unpaid balance and a $75.00 late fee. 18. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought her account current. 19. By reason of Defendant's request for the loan of the sum of money of $10,000.00, Defendant impliedly promised to pay Plaintiff the amount of $10,000.00, plus interest in the amount of seven percent (7~) per annum. WHEREFORE, Plaintiff demands judgment against Defendant, Danyelle L. Scheibelhut, in the amount of $8,972,00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICI~IENT 20. The averments of Paragraphs 1 through and including 19 hereinabove are incorporated herein by reference thereto. 21. Defendant obtained the sum of $10,000.00 from Plaintiff as set forth herein. See Exhibit "A". 22. Plaintiff fully and adequately provided the sum of $10,000.00 as requested by Defendant. 23. As a direct and proximate result of Defendant's refusal to pay and perform pursuant to the terms of the Promissory Note from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $8,972.00. WHEREFORE, Plaintiff demands judgment against Defendant, Danyelle L. Scheibelhut, in the amount of $8,972.00, plus interest, together with the costs of this action, attorneys fees and any and all other relief deemed just and appropriate. Date: July~2 2007 By : -~; Jenni fez Pa. I.D. Hipp, Esquire 86556 Bogar and Kipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Arlene L. Mizell For value received, -I:promise:to_pay. Arlene.L.~Nli~ell, $10,OgQ.00 and interest at the rate of 7% per annum on the unpaid balance as follows: 1. I will pay 48 monthly installments of $239.46 each. 2. I will pay the first installment on September 1, 2006 and a similar inst~ICment on the first day of each month after that until principal and interest have been paid in full. 3. Payments will be applied first on interest and then on principal. 4. I will pay the entire amount of princi-pal and interest within 4 years front the date of this note. 5. I may prepay all or any part of the principal without penalty. 6. If I am more than 5 days late in making any .payment a late fee of $75.OQ will be assessed and Arlene L. Mixell may declare that the entire balance of unpaid principal is due immediately, together with the interest that has accrued. Danyelle heibelhut Date EXHIBIT ,,A ~, Premier Rate ~ 7 ," .,, Total tntenest Paid» . $1,4 ~ ~ pa ment Balance Ingest" Tottnt-Pch $$paiEt$aek- 1 Se-p-06 $10,000 58.33 $181.13 $58.33 -$181.13 2 Oct 06 $9,819 57.28 $ 82- 171 $546:5- . 3 hbd~ ~ $9;637- 56:21 • 183:25- $ : $ . 4 Dec-06 $9,453 55.15 7 $184.32 39 $185 $226:97 $281.04 $730.88 $9fi627 5 6 Ja~-U7 Feb-07 $9,269. $9,084 - . 54.0 52:99- . $486:47 $334:03 $1,102.75.. 7 Altar-D7 $8.897 51..90 1 $187.56 66 $188 $385.93 73 $436 $1,290:31 $1,47-8.97 8 Apr-07 $8,710 50.8 . . 44 486 72 668 $1 9 May-Q7 $8,521_... 49_7.1. $.189_7 . $ - . ,. 10 Jun-07 $8,331 " 48.64 : $190.86 ...$191:98... $535.04 . $582:53 $1,$53.58 . "$'L;fl51.56 11 .:~ufi-07 $8;140 7.49 4 89 8 $2 244fi6 12 Au -07 948 _ $7 46.37 $193.10 . $62 13 Se 7 , $7,~ 45.24 $194.22 $674.15 $2,436.$$ ' 14 -Qct-07 $7;561 ..44•.1 -$195.36 - $718:24 20 $761 2',&34:24 •$ 830.73 $2 15 Nov-07 $7,366 42.97 $196.50 . 03 E}3 , 37 028 $3 16 Qec-tT7 $7,169 4?:82 $187.64 . $8 . , 17 -dart-08 - $6;972 40:67 51 - $498.79 95 $199 ~ -$843:69 $883.20 --$3;?27.17 $3,427.12 18 Feir08 $6,773 39: . 921:5- $3;628;2~t- . 19 Mar-08 $6,573 38:34 $201.12 $ 20 --R{ar~l8 $6,372. 37,17 $202:29 - $958.71 -$:1,830.54 21 May-Ofl $6,169 _. .. 35.99 0" ~ $203.47 $2tT4~fifi' $994.70 50 $1;029 $4,034.01 $4,238:67- 22 Juts-Q8 $5.966 t:8 3 . 11 63 53 444 $4 23 Ju1-08 $5;7fi1 33.61 $205.85 . $1,0 . , . 24 Aug-08 .. $5,555 32.41 $207.06 $1,095.52 $4,651..58 25 Sep=flB - $5.348.. ' .. 31:2E}- 98 $208:26 48 $209 $'t;126.72 156.70 $1 $4,~9:85- $5;069.32 26 Oct-08 140 $5, 29. : , 46 5 02 280 $5 27 Now08 $4,931 28.76 $210.70 . $1,18 . , 28 Dec-08 $4,720 27.53 $211:93- $1.,213.00 $5,_491.95 29 Jana-09 $4,508- 26.30 $213.17 $1,239.29 $5,705.12. 30 Feti-09 $4;295 25:05 $214:41 ~ $1.264.35 $5;919:53 31 Mar-09 $4,080 23:80 $215:66 $1,288.15 $6,135.19 32 Apr-09 $3,865 22:54 28 $216.92- $218:18 $'1;310..69 $`1;331:"97 $6,352.11 $6;570:29 33 1Ma1C-09 $3,648 21. 98 351 74 789 $6 34 Jun-09 $3,430 20.01 $219.46 . $1, . , 35 Jut-09 $3,240 18.73 44 . ' $220.74 02 _$222 $1,370.71 388.14. . $1. $7,010.48 _ $7,232:5fl 36 rAug-09 ' $2,990 17: . , 40429 1 82 455 $7 37 Sep-09 - $2,762 . 16_14_ $223.32. .. . $ , . , .: Page 1 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: June ~g, 2007 Arlene L. Mixell ~-~ C: `;_ N c.=~ ^.,~ (~ -- ` ~-~ i`- .T_ (`zl'Ti ` V ' ..... ?7 ~'7 ~ ~ ~ ~- ,~ - y .. N ~ ~ r ~ tsa }~ ~ ~ ~~ ~ ~~ A 1 /' '.~ ARLENE L. MIXELL, vs. Plaintiff DANYELLE L. SCHEIBELHUT, Defendant T0: Danyelle L. Scheibelhut 315 Seventh Street New Cumberland, PA 17070 DATE OF NOTICE: August 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 07-4137 CIVIL TERM IMPORTANT NOTICE Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (800) 990-9108 By: JENNIF B. HIPP, ESQUIRE Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff 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 JUDGMENT 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 LEGAL HELP: .~ 'v CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Danyelle L. Scheibelhut 317 Seventh Street New Cumberland, PA 17070 . i ~ I 'I' Date. August 7, 2007 Jennifer Hipp, Esquire ~ N°v Q ~. "tat'=.. {7 ~ ~ ~-~s's ~--- :~ ~ ~ _ _. ' ~ ;~ ~ 3~ ~' W ~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04137 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIXELL ARLENE L VS SCHEIBELHUT DANYELLE L WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SCHEIBELHUT DANYELLE L was served upon the DEFENDANT at 1826:00 HOURS, on the 16th day of July 2007 at 315 SEVENTH STREET NEW CUMBERLAND, PA 17070 DANYELLE L SCHEIBELHUT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this So Answers: 18.0 0 .~~~ 16.32 .00 10.00 R. Thomas Kline .41 44.73 07/17/2007 JAMES D BOGAR BY• - r day puty Sheriff of A.D. ARLENE L. MIXELL, Plaintiff v. DANYELLE L. SCHEIBELHUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.07-4137 CIVIL ACTION -LAW CIVIL TERM ANSWER WITH NEW MATTER TO COMPLAINT AND NOW, comes Danyelle Scheibelhut, by her attorney, John M. Kerr, Esquire and files the within Answer and New Matter To Complaint, the nature of which is as follows: 1. DENIED. Defendant lacks sufficient information to form a belief as to the truth of the averment that Plaintiff resides on 54th Avenue in Vero Beach, Florida and, accordingly, denies the same. Strict proof, if relevant, is demanded at time of trial. 2. ADMITTED. 3. ADMITTED in part and DENIED in part. It is admitted that Defendant was furnished with the sum of $10,000.00 and that said sum was to represent a loan. It is expressly denied that Defendant had any dealings with or privity of contract with Plaintiff Arlene Mixell. By way of further answer, Plaintiff has neglected to furnish an essential term of the Agreement, which was between Angela Kotinsly and Defendant. That term was that any repayment of the loan was conditioned and understood to be reliant on Defendant's continued employment by Angie's New Angles Hair Salon. 4. DENIED. Plaintiff and Defendant did not enter into a Promissory Note, as evidenced by the failure of Plaintiff's executed signature to appear on that document. Defendant and Angela Kotinsly entered into an oral agreement whereby Kotinsly agreed to acquire $10,000.00 from her mother in order to loan to Defendant which, as stated above, was conditioned upon the understanding that Defendant would remain employed by Kotinsly's business. The purported Promissory Note, contained at Exhibit "A" to the Complaint, was merely a partial memorialization of this oral agreement. 5. DENIED. The document appended to the Complaint as Exhibit "A"is an instrument which speaks for itself and any attempt to characterize its contents is expressly denied. 6. DENIED. Defendant incorporates by reference her answer to paragraph 5 above as if fully set forth in its entirety. 7. DENIED. Defendant incorporates by reference her answer to paragraph 5 above as if fully set forth in its entirety. ADMITTED. ADMITTED. By way of further answer, Defendant's failure to make payments since her termination on April 12, 2007 by Angela Kotinsly as Salon Manager of Angie's New Angles Hair Salon has been excused by Ms. Kotinsly's breach of the oral agreement described above. 10. DENIED. By way of further answer, Defendant has never been presented with a power of attorney indicating that Ms. Kotinsly acted as representative of her mother. Moreover, this lawsuit has not been brought by Ms. Kotinsly as representative of Arlene Mixell. 11. DENIED. The instrument appended to Plaintiff's Complaint as Exhibit "A" makes no mention of such a term. Since plaintiff has failed to allege the existence of an oral agreement or of any parol terms, this allegation is expressly denied. COUNT I -BREACH OF CONTRACT 12. Defendant incorporates by reference her answers to paragraphs 1-11 of the Complaint, as if fully set forth in their entirety. 13. DENIED. The allegation contained at paragraph 13 of Plaintiff s Complaint represents a conclusion of law, to which no response is required under the Pennsylvania Rules of Civil Procedure. Defendant has no idea what contract to which plaintiff refers. The Exhibit appended to Plaintiff's Complaint purports to represent an instrument under the Uniform Commercial Code, not a contract. 14. DENIED. Instead, Angela Kotinsly has interfered with and made performance impossible and has otherwise breached the oral agreement entered into between herself and Defendant. WHEREFORE, it is requested that judgment be entered in favor of Defendant and against Plaintiff as to Count I of the Complaint. COUNT II -QUANTUM MERUIT /IMPLIED CONTRACT 15. Defendant incorporates by reference her answers to paragraphs 1-11 and 13-14 of the Complaint, as if fully set forth in their entirety. 16. DENIED, as stated. Pursuant to the proposal by Angela Kotinsly, the sum of $10,000 was furnished to Defendant. 17. DENIED. The document appended to the Complaint speaks for itself and any attempt to characterize its contents is expressly denied. 18. DENIED. Angela Kotinsly has breached the terms of the oral agreement as described above, thereby releasing Defendant from any further obligation. 19. DENIED. The allegation contained at paragraph 19 of the Complaint represents a conclusion of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that judgment be entered in favor of Defendant and against Plaintiff as to Count II of the Complaint. COUNT III -UNJUST ENRICHMENT 20. Defendant incorporates by reference her answers to paragraphs 1-11, 13-14, and 16-19 of the Complaint as if fully set forth in their entirety. 21. Defendant incorporates by reference her answer to paragraph 16 of the Complaint, as if fully set forth in its entirety. 22. Defendant incorporates by reference her answer to paragraph 16 of the Complaint, as if fully set forth in its entirety. 23. DENIED. The allegation contained at paragraph 23 of the Complaint represents a conclusion of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that judgment be entered in favor of Defendant and against Plaintiff as to Count III of the Complaint. NEW MATTER 24. Defendant incorporates by reference her answers to paragraphs 1-11, 12-14, 16-18 and 21-23 of the Complaint as if fully set forth in their entirety. 25. Angela Kotinsly breached the oral agreement entered into with Defendant by terminating Defendant's employment on April 12, 2007. 26. Angela Kotinsly has impeded and made performance impossible under the terms of the instrument appended to Plaintiff's Complaint by illegally converting Defendant's customers/clients to her own financial benefit and by otherwise interfering with both prospective and current contractual relationships of the Defendant. 27. Angela Kotinsly has engaged in a pattern of commercial defamation of Defendant, thereby making performance impossible under the terms of the instrument appended to PlaintifYs Complaint. 28. Such actions, as described at paragraphs 25-27 above, excuses non-performance on the part of Defendant. 29. The only contractual agreement -and, hence, privity ofcontract -was between Angela Kotinsly and Defendant. WHEREFORE, it is requested that judgment be entered in favor of Defendant and against Plaintiff as to the Complaint. Respectfully submitted, ~"/- Jo n M. Kerr, Esquire Attorney I.D. # 26414 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 17, 2007 VERIFICATION I, Danyelle Scheibelhut, hereby state that I am an adult individual and authorized to execute this Verification and that any factual statements in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties contained at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1 Danyelle Scheibelhut ARLENE L. MIXELL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET N0.07-4137 DANYELLE L. SCHEIBELHUT, CIVIL ACTION -LAW Defendant CIVIL TERM CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Answer With New Matter To Complaint," upon the following named individual in the manner indicated: First Class Mail, postage prepaid Jennifer B. Hipp, Esquire Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 Dated: August 17, 2007 John M. Kerr, Esquire Law Office of John M. Kerr, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 (717) 766-4008 , _ ..... ~ "Tt F.j ;. "--~ ~ ' S ~ ~ ~ - J ~T1 t'. ', ~ _ "'~~ 'y is-~~ s ~. ARLENE L. MIXELL, . Plaintiff vs. DANYELLE L. SCHEIBELHUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4137 CIVIL TERM ANSWER TO NEi~I MATTER AND NOW comes Plaintiff Arlene L. Mixell, by and through her attorney, Jennifer B. Hipp, Esquire, and files this Answer to New Matter as follows: 24. Plaintiff, Arlene L. Mixell, hereby incorporates by reference thereto the facts set forth in Paragraphs 1 through and including 23 of her Complaint as if fully set forth herein in their entirety. 25. Denied. It is specifically denied that any so-called "oral agreement" between Angela L. Kotinsly and Defendant existed. By way of further answer, it is admitted that Defendant was employed by Kotinsly and that Defendant's employment was terminated on or about April 12, 2007, due to willful misconduct on the part of Defendant. 26. Denied. All of the allegations as set forth in Defendant's Paragraph No. 26 are specifically denied; .and, further, are deemed irrelevant to the facts and claims set forth in Plaintiff Mixell's Complaint. 27. Denied. The allegations set forth in Defendant's Paragraph No. 27 are specifically denied; and further, are deemed irrelevant to the facts and claims set forth in Plaintiff ~. Mixell's Complaint. By way of further answer, it is specifically denied that any so-called "oral agreement" existed. 28. Denied. The allegations set forth in Defendant's Paragraph No. 28 are conclusions of law to which no response is necessary pursuant to Pennsylvania Rules of Civil Procedure and, thus, are specifically denied. 29. Denied. Plaintiff Mixell hereby incorporates by reference her answers to Defendant's Paragraph Nos. 25, 26, and 27. By way of further answer, the allegations set forth in Defendant's Paragraph No. 29 are conclusions of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure and, thus, are specifically denied. WHEREFORE, Plaintiff Arlene L. Mixell demands judgment against Defendant, Danyelle L. Scheibelhut, in the amount of $8,972.00, plus interest, together with the costs of this action, attorney's fees and any and all relief deemed just and appropriate. Respectfully submitted, Date: August 29, 2007 I~. ~~ By: Jennifer B. Hipp, Esquire Pa. I.D. No. 86556 Bogar and Hipp Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Arlene L. Mixell 4 i VERIFICATION I verify that the statements made in this Answer to New Matter are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: ~~a~ 3 ~ Arlene L. Mixell w ARLENE L. MIXELL, . Plaintiff vs. . DANYELLE L. SCHEIBELHUT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 07-4137 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Answer to New Matter as required by Fa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: John M. Kerr, Esquire Law Offices of John M. Kerr, Esquire 500 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant Date: August 29, 2007 Jenn fer B. Hipp, Esquire c ~ '.' r~ ca O . . ...., ~ ~ r-~ ~ ; c.~_ ~ -rt _ ~ ~ r- :- -Y r"F`; [~J :.. - F _ ~ % j i .... ak' --~. ~ Yt~~i ~ r ~`"- ...~ ("t~ ~.~ •• ARLENE L, MIXELL, • IN THE COURT OF Plaintiff CUMBERLAND COUNTyO~ON PLEAS OF vs• ENNSYLVANIA DANYELLE L• CIVIL ACTION SCHEIBELHUT, - LAW 1V0. 07-4137 CIVIL TERM Defendant PETITIOW FOR APpOI~E TO THE HONO~BLE, THE J NT OF ARBITRATORS Jennifer URGES OF SAID COURT: ca , ptioned B Hipp Esquire action ~ attorne . respectfully rep e entslaintiff in 1' that: the above- The above-captioned act' 2. The clai ion is at issue. princi m of Plaintiff in Pal amount of $g,972tpo action is in the The Defendant has not f' action sled a counterclaim in this otherwilowing attorne se disquali f1edstors ~ntereste d in the James D• as arbitrators: case as counsel Bogar Es or Kerr, Esquire ~ ~lre; Murrel R • Walters, III, Esqui WHEREFORE, re; John M• three Your petitioner (3) arbitrators prays to who heyour Honorable Co m t case shall be submitted appoint Respectfully submitted Date: ~~ 2007 Jen i er B• 1 We Main Step' Esquire Shiremanstown eet (717) 737- PA 17011 Attorney ID 761 Attorne NO' 86556 Y for Plaintiff CERTIFICATE OF SERVICE We hereby certify that we are this date servin a co Plaintiff's Petition for Appointment of Arbitratorsgby senpdinf the same upon the person and in the manner indicated below: g Service by first-class mail addressed as follows: John M. Kerr, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Attorney of record for DANYELLE L. SCHEIBELHUT By: Jenn fer Hipp, Esquire Attorney for Arlene L. Mixell Date: ~ a ~ ~ 2007 ^ ARLENE L. MIXELL, Plaintiff vs. DANYELLE L. SCHEIBELHUT, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 07-4137 CIVIL TERM ORDER OF COURT AND NOW, ~ ~ .~.__, 2007, in consideration of the foregoing Petition for Appointment of Arbitrators, • ~ Esq., and ~ •~ and ~~~ - Esq. are appointed arbitrators in the above-captioned action as prayed for. By rt, ,, ~ a~ EDGAR B. BAYLEY ~V G` ~` Vii,; U.` ~ r ^+,~ ~ ~ i=,>> ~~-~. _ ~_~ 1 5~ t` .....~ G ~ t.~ - _ . ~` ~ LL% ~ at TCC/G/j~~~/_ w ~ tr.... ,.-~ r' ~ V - ~~ ~~._ ~ icy ~ ~~, ~ hw ~~~~ ~. .Y ~'~ ~~le ~ ~ I~-I~ ~0`1 pa '~ a~' t'? r-J ' '~ ° ~ ~ 'T "'~'~ _ ~y a C,~. ~ ';"' ..S r ; i . '~ , r~r. 7 c ;. _ ; Y' 3 =t `.=s ~ 7 ;~ .~~_ ~ ARLENE L. MIXELL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANYELLE L. SCHEIBELHUT, DEFENDANT 07-4137 CIVIL TERM ORDER OF COURT AND NOW, this 2- t day of February, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Daniel K. Deardorff, Esquire, Chairman, shall be paid the sum of $50.00. By the Ctt? Edgar B. Bayley, J. Daniel K. Deardorff, Esquire Court Administrator sal cry a?a??os P? P?? ?? ????