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HomeMy WebLinkAbout03-5136COMMIbft rX9TN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT J,IrA'ERED IN PRUTHY'S OFFICE 9-26-03ibs NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASNs 03-5136 Civil Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below NAME OF A TEUANT( Dwv; _?l?.I{??e OF llo AFf?HIAIa R©vfld H J AO a I MAG. DST. NO OR NAME OF DJ. O7-I-0Zk y SrATE Car. Y Al I Pro DATE of N nt ASE a rPmx.rn) 71 / lDerenaev) $ age/03 C)avij q / tIIC) saNA K 950 HIS 4ATT?ORre/oRCACU+r an;°I 'SI7?a 'ovl IT Q4Cln 68 - 03 IC<X IT This block will be signed ONLY when this notation is required under Pa. R.CPJP. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of tam to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appeltee(s), to file a complaint in this appeal Name of appelOWS) (Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sigrleture of appeuant or he stromey or agent RULE: To oppellee(s). Name of appeEee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by moil is the date of mailing. Date: _. SipratuP of wovranmry or Deputy ZIP CODE /?o!t AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service), ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee. iname! on _ ._, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to wham the Rule was addressed on ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __ _ ---- $%4I717X v.p711" t4tc l,i?tR ?rva?:'S?i5G;3C2 Ti ,.!e of official My commission expires Of signature of arhant C7 ? w rn 2.-7 m 17- `^ m Q?- _ ti '(0O MONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-1-02 DJ Name'. Hon. ROBERT V. MANLOVE Add,ess: 1901 STATE STREET CAMP HILL, PA Taiephone.(717) 761-0583 DAVID AIELLO 4 ROUND HILL RD CAMP HILL, PA 17011 T_HIS_ IS TO NOTIFY YOU THAT: Judgment: ?X Judgment was entered for: 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rAIELLO, DAVID ? 4 ROUND HILL RD CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS f-STARNET/CALEDONIA CONSTRUCTION 1845 MARKET ST CAMP HILL, PA 17011 L DocketNo.: CV-0000268-03 Date Filed: 6/16/03 FOR PT.ATNTIFF (Name) ATRT,T.n, nAVTn Ids 7 Judgment was entered against: (Name) RTARNRrP/CAT,RnONTA CONSTRUCTTON in the amount of $ 1,114-9;n on: (Date of Judgment) R/2R/A-A 7 Defendants are jointly and severally liable. Damages will be assessed on: F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 1,000.00 Judgment Costs $ 114.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,114.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ !. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE - OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. o / Va-yDate I certi that this is a true q? ?'s Date copy My commission expires first Monday of January, 2006 . District Justice the proceedings containing the judgment. , District Justice SEAL J AOPC 315-03 DATE PRINTED: 8/28/03 1:46:11 PM w O v..l -vv ?? 1_ , ?"? ? m fp (..? C' y"' J j c a ? .? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served Ss ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) _ , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I -served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to wham the Rule was addressed on E] by personal service I] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS. - DAY OF __. ...,._. signature o afficl, be ore wbowiPcuo: wasmade - -- My commission expires on Signature of alfiant W Cri O -' -o rs' n < _ ? C rn ? J cn ?r M COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS JUDICIAL DISTRICT IIwnm xN PlrOMIS 0rnCB 9-26+03 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Ns 03-5136 Civil Team NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF MPEUANT MAG MSC NO OR NAME OF DJ. 4v dlo /y[7 O9-1-Da, 0VJ':8 H• /\0a Crry STATE ZP C4?, ?I.il PA ??o? Nin?E (Haintirl) (CebrMaNl 8 as a3 +.Jav;d Ado ? sf,tn?f cvl??an; Clars?rre :on A AGENT Cv 6000 aS w 03 _ .? IT This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Nacre of appease(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Squtae of appeaant a his attorney or agW RULE: To , appellse(s). Name of agoeffWs) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dote of service of this rule upon you by personal service or by certified or registered mall. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moiling. Date: S?Rra<ue of Homarafry or Dapury AOPC312-s0 COURT FILE DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGY, INC., CALADONIA CONSTRUCTION Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. CERTIFICATE OF SERVICE I, David Aiello, hereby certify that a copy of the NOTICE OF APPEAL was served upon the persons and in the manner indicated below: SERVICE BY US CERTIFIED MAIL RETURN RECEIPT REQUESTED POSTAGE PREPAID: Ron Blystone Doug Morrow Starnet Technologies, Inc. / Caladonia Construction 1845 Market Street Camp Hill, PA 17011 Mark K. Emery, Esquire 410 North Second Street Harrisburg, Pennsylvania 17101 Attorney for Defendants Starnet Technologies, Inc. / Caladonia Construction DATED: October 1, 2003 BY: Zj- alie David Aiello postow se r ?. Ir W o PA 1ju? ? r ra rI Fr. - li/? G fte t r Pee ipl Foe m s 0 'tstl etlD Fe, (i ??1? O -1 r r ?.rt nq,?e 1) _@_ 5 O k lal'ostage E. FcaS .p L . \5 S ? t}TC -' V J' -_- 5 i ef. Apt. N. D f eiox rvo -!/0 -1-"------------ p r State, ZIPa 1--- 0 I!: r[ t nrFitR qu reel O O 1. t i d Ddbc,, Fee O 4 r,> se^rel.t Pequirca7 I -nta. postage 8 Fees -- - - - - - - - - - - - - - - - - - --- - - U.S. POST,IL SERVICE t,**x. EST BERLIN PA [716 4122128 ^..00 W ID i E: 03 1Ei-01-03 C2:40 CUSTOMEP RECEIPI 109 POST VAL IMP 4.42 109 POST VAL IMP 4,42 TOTAL 8.84 (.'ASH T E;.84 CHANGE .00 :r*w THANM YOU **t. C al 5?rvice . All RECEIPT imOWic"MW Only; No Insurance Coverage Provided) ? Q rn l L_ w :r T. -ir ro 1 ui DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. NOTICE TO DEFEND 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 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, PENNSYLVANIA 17013 TELEPHONE NUMBER 717-249-3166 -Ij BYO Z - 4g&y_ David Aiello, pro se Dated: October 16, 2003 DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. PLAINTIFF'S COMPLAINT NOW COMES Plaintiff, David Aiello, and files the following Complaint: 1. Plaintiff David Aiello, ("Aiello"), is an adult individual residing at 4 Round Hill Road, Camp Hill, Pennsylvania 17011. 2. Defendant Stamet Technologies, Inc., ("Starner:"), is a Pennsylvania Corporation with its principal place of business at 1845 Market Street, Camp Hill, Pennsylvania 17011. 3. Defendant Starnet Technologies, Inc., tdba Caladonia Construction, ("Caladonia"), is the fictitious name currently used by Starnet to transact some of its business operations. Caladonia's principal place of business is at 1845 Market Street, Camp Hill, Pennsylvania 17011. 4. Defendant Ronald B. Blystone, ("Blystone"), is an adult individual residing 329 North 17s' Street, Camp Hill, Pennsylvania 17011. Blystone is the President and an owner of Starner. 5. Defendant Douglas L. Morrow, ("Morrow"), is .m adult individual residing at 366 North 28th Street, Camp Hill, Pennsylvania 17011. Morrow is an officer and owner of Starner and Caladonia. Morrow is also the Mayor of Camp Hill, Pennsylvania. 6. Aiello is one of three original founders of Starnet, along with Defendant Blystone and a third party, Cory D. Dailey, ("Dailey"), of Carlisle:, Pennsylvania. 7. Starner was formed to provide telecommunication and network cabling services to large commercial customers including Bechtel and Exel, local construction network Page - 1 cabling services and high-speed broadband communications services through strategic partnering agreements. 8. As a part of Aiello's services in establishing the business, Aiello initiated organizational and operational procedures and provided services from January 21, 2002 through August 20, 2002 which are enumerated below: (a) Prepared and produced Corporation business plan. (b) Engaged legal counsel for incorporation. (c) Paid PA state incorporation fee with personal funds. (d) Secured office space at 119 S. 5 h St., Lemoyne, PA from Aiello's brother William A. Aiello, ("William Aiello"). (e) Secured and paid with personal funds initial premium for Business liability insurance. (f) Rented Business Post Office Box with personal funds. (g) Arranged for and set-up business telephone and broadband communication systems. (h) Actively sought venture capital for the Business operations. (i) Provided technical consulting services. 0) Provided Business Operations oversight. (k) Provided cash advances to Dailey, to cover a portion of his living expenses. 9. Aiello loaned money and advanced materials to the Defendants over a period of time beginning January 21, 2002 and ending August 4, 2002. 10. Aiello loaned money and advanced materials to the Defendants to begin a business venture with the Defendants on the premise and agreement that Aiello would be repaid for all his monetary advances, with interest, when a third party investor was secured to fund the venture as outlined in the original business plan. 11. Aiello has advanced a total of $6,655.32 to date in funds and materials. 12. On or about April 1, 2002, Stamet, by a resolution of its Board of Directors, entered into an agreement with William Aiello, whereby William Aiello provided interim funding to Starnet in the form of lines of credit and credit support for vehicle and equipment leases. Page - 2 13. Contemporaneous with the Starnet's interim funding agreement with William Aiello, the Board of Directors declared the then current Board of Directors, consisting of Aiello, William Aiello, Blystone and Dailey, to each own equal portions of the entire business. 14. On or about April 11, 2002 Defendants repaid Aiello $266.11 of the outstanding balance. 15. On or about July 22, 2002, Starnet moved it offices and principal place of business to 1845 Market Street, Camp Hill, PA due to a dispute with William Aiello concerning the lease of William Aiello's property at 119 S. 5a' Street, Lemoyne, PA for Starnet's continued use. 16. The property at 1845 Market Street, Camp Hill, PA, is a multi building complex that was owned by a single party and had been on the market for sale for at least one year when Stamet began renting office space on or about July 22, 2002. 17. During the early part of August 2002, Starnet purportedly agreed to hire Morrow as the head of a general construction group called Caladonia to operate within Starnet. Morrow also was to become a member of the Board of Directors of Starnet at the same time. 18. It is believed and therefore averred that during July of 2002 and continuing through October of 2002, Blystone and Morrow converted Stamet funds and used Stamet corporate resources of manpower and equipment for their own personal use in an effort to purchase the building complex at 1845 Market Street, Camp Hill, PA. 19. On or about August 20, 2002, the Defendants secured a third party investor, David L. Liberator, ("Liberator"), and funded the venture as outlined in the original business plan. 20. On or about August 20, 2002, Aiello was employed by Defendant Stamet as its Chief Operating Officer and its Corporate Secretary. 21. On or about August 20, 2002, after securing a third party investor and funding the venture, the Defendants agreed to make an additional payment to Aiello toward the outstanding balance in the amount of $3,896.60, to be paid by the end of October 2002. 22. Throughout July, August and September of 2002, Aiello continually asked for a financial accounting of Starnet's financial records. Page - 3 23. Despite Aiello's repeated demands for Starner's financial records, the Defendants refused and continue to refuse to provide a complete accounting. 24. Defendants did not pay Aiello $3,896.60 by the end of October 2002 as agreed to on or about August 20, 2002 despite Aiello's legal right to payment. 25. It is believed and therefore averred that on or about August 28, 2002, Blystone, Morrow, Liberator and Dailey used Stantet funds and used Starner corporate resources of manpower and equipment for their own personal use, unbeknownst to Aiello, to form a partnership and purchase the building complex at 1845 Market Street, Camp Hill, PA for the purchase price of $590,000.00. 26. It is believed and therefore averred that the partnership that was formed to purchase the property is called Starner Properties LLC as the general partner and Starnet Group LP as the limited partner. 27. It is believed and therefore averred that Blystone and Morrow also used Starner funds and used Stamet corporate resources of manpower and equipment for their own personal use, unbeknownst to Aiello, to pursue a real estate development project in Gettysburg, PA. 28. It is believed and therefore averred that Blystone and Morrow also used Starner funds and used Stamet corporate resources of manpower and equipment for their own personal use, unbeknownst to Aiello, to engage in political activities and fund raising events for the campaign of Morrow for Mayor of Camp Hill. 29. Defendant Starner made weekly payments of $100.00 to Aiello from October 1, 2002 through February 14, 2003 totaling $2,000.00 toward the outstanding balance owed Aiello. 30. Aiello has advanced a total of $6,655.32, of which $2,266.11 has been repaid as of February 14, 2003. Defendants owe Aiello an outstanding balance of $4,389.21 plus interest thereon of 6% from February 14, 2003 until the present. 31. Aiello has made repeated demands to the Defendants to repay the remaining outstanding balance with interest. 32. Aiello's employment with Stantet was terminated without cause on September 20, 2002, by a vote of the Board of Directors. Blystone, Morrow and Liberator voted to terminate Aiello's employment, Aiello and Dailey voted no. Page - 4 33. On or about September 24, 2002 the Board of Directors, without Aiello present, voted to remove Aiello from the Board without cause. 34. It is believed and therefore averred that Aiello has not been paid the money he is 1 legally owed, was terminated from employment with Starnet and was removed from the Board of Directors to hinder and obstruct Aiello's attempts to revel the Defendants illegal activities. Count I - Breach of Imn6ed or Quasi Contract Aiello v. Starnet, Caladonia, Blystone and Morrow 35. The averments of paragraphs 1-34 above are hereby incorporated by reference as though fully set forth herein. 36. Aiello provided services, loaned money and advanced materials to the Defendants to start a business venture and ultimately build it into a going concern. 37. The Defendants accepted the services of Aiello knowing Aiello expected to be repaid the money he loaned and be compensated for his services through an employment agreement and company ownership. By accepting Aiiello's loan and services without repaying the loan or compensating Aiello for those services, the Defendants have been unjustly enriched. 38. The Defendants have been unjustly enriched in the amount of $4,389.21 plus interest thereon for the loan and the loss of company profits for the services. WHEREFORE, Aiello demands judgment in his favor and against Defendant Starnet, Defendant Caladonia, Defendant Blystone and Defendant Morrow in an amount in excess of $4,389.21, plus punitive damages, interest and costs. Page - 5 Count II - Promissorv Estoppel Aiello v. Starnet, Caladonia, Blystone and Morrow 39. The averments of paragraphs 1-38 above are hereby incorporated by reference as though fully set forth herein. 40. The Defendants promised that they would repay Aiello's loan and would compensate him for his services. 41. Aiello justifiably relied on the promise of the Defendants. 42. As a direct and proximate result of Aiello's reasonable reliance on the promise of the Defendants to repay Aiello's loan and compensate him for his services, Aiello suffered damages in the amount of $4,389.21 plus interest thereon and the loss of company profits, representing the value of the contribution provided by Aiello. 43. The Defendants are estopped from denying their promise to repay the loan and compensate Aiello for his services, which promise was relied upon by Aiello in providing the loan and services. 44. Injustice can only be avoided by enforcing the promise made by the Defendants to Aiello. WHEREFORE, Aiello demands judgment in his favor and against Defendant Starnet, Defendant Caladonia, Defendant Blystone and Defendant Morrow in an amount in excess of $4,389.21, plus punitive damages, interest and costs. Count III - Ouantum Meruit/Uniust Enrichment Aiello v. Starnet, Caladonia, Blystone and Morrow 45. The averments of paragraphs 1-44 above are hereby incorporated by reference as though fully set forth herein. 46. The Defendants have received the loan and valuable services of Aiello and the substantial benefits resulting from the profits of a going concern, for which the Defendants have not compensated Aiello. Page - 6 47. The loan and services which the Defendants have received from Aiello include funds and materials during the critical initial formation of the business; Organizational, technical and operational services from January 2002 through September 2002. 48. Had it not been for the critical loan and the valuable services provided by Aiello, for which Aiello has not been compensated, the company would not exist and Defendants would not receive the substantial benefits from the company operations. 49. It is unjust for the Defendants to have received and enjoy such services and substantial benefits from Aiello without compensating Aiello for them and repaying his loan. WHEREFORE, Aiello demands judgment in his favor and against Defendant Stamet, Defendant Caladonia, Defendant Blystone and Defendant Morrow in an amount in excess of $4,389.21, plus punitive damages, interest and costs. Count IV - Conversion Aiello v. Blystone and Morrow 50. The averments of paragraphs 1-49 above are hereby incorporated by reference as though fully set forth herein. 51. The balance remaining on the loan equals $4,389.21 plus interest thereon, rightfully belongs to Aiello. 52. Blystone and Morrow, without privilege, have retained monies, which belong to Aiello and converted those monies to their own use. WHEREFORE, Aiello demands judgment in his favor and against Defendant Blystone and Defendant Morrow in an amount in excess of $4,389.21, plus punitive damages, interest and costs. Count V - Conso MVE Aiello v. Blystone and Morrow 53. The averments of paragraphs 1-52 above are hereby incorporated by reference as though fully set forth herein. Page - 7 54. Blystone and Morrow were aware of the terms of the loan repayment and the promise of employment and company profits to Aiello for his services. 55. Blystone and Morrow were aware that the loan repayment was due when the company was funded on or about August 20, 2002. 56. Blystone and Morrow were aware that Aiello had not consented to any extension of the repayment of his loan. 57. Blystone and Morrow wrongfully and illegally agreed to convert Aiello's monies for their own use and benefit. 58. In furtherance of their unlawful conspiracy Blystone and Morrow agreed to convert Starnet funds for their personal use, terminate Aiello's employment and effect Aiello's removal from the Board of Directors in an attempt hide their illegal activities. These things were done in furtherance of their illegal agreement to deny Aiello his money and compensation. WHEREFORE, Aiello demands judgment in his favor and against Defendant Blystone and Defendant Morrow in an amount in excess of $4,389.21, plus punitive damages, interest and costs. A JURY TRIAL IS DEMANDED AS TO ALL COUNTS SO TRIABLE David Aiello, pro se Dated: October 16, 2003 4 Round Hill Road Carap Hill, PA 17011 761-9422 Page - 8 DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. CERTIFICATE OF SERVICE I, David Aiello, hereby certify that a copy of the Plaintiff s COMPLAINT was served upon the persons and in the manner indicated below: SERVICE BY THE SHERIFF OF CUMBERLAND COUNTY PENNSYLVANIA: Stamet Technologies, Inc. 1845 Market Street Camp Hill, PA 17011 Stamet Technologies, Inc. / Caladonia Construction 1845 Market Street Camp Hill, PA 17011 Mark K. Emery, Esquire 410 North Second Street Harrisburg, Pennsylvania 17101 Attorney for Defendants Stamet Technologies, Inc. / Caladonia Construction Ronald D. Blystone 329 North 17`x' Street Camp Hill, Pennsylvania 17011 Douglas L. Morrow 366 North 28a' Street Camp Hill, PA 17011 DATED: October 16, 2003 BY: I (V David Aiello Page - 9 n f7 C_ _ ? r. i ? ' L-,. c rte. " _ D t . ?-, <c G .? :; J - l D DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. 03-5136 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 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER 717-249-3166 BY? David Aiello, pro se Dated: November 13, 2003 C C?.> CJ ? ? 7 _ Zr ? ? _ G. ' i Wit,. -y ,, ,, ? , t ; T ?-' ??- -_? '<? ? "n a ?. -? t0 -,? DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. 03-5136 CERTIFICATE OF SERVICE I, David Aiello, hereby certify that a copy of the foregoing notice was served upon the persons and in the manner indicated below: SERVICE BY US FIRST CLASS MAIL POSTAGE PREPAID: Starner Technologies, Inc. 1845 Market Street Camp Hill, PA 17011 Starnet Technologies, Inc. / Caladonia Construction 1845 Market Street Camp Hill, PA 17011 Mark K. Emery, Esquire 410 North Second Street Harrisburg, Pennsylvania 17101 Attorney for Defendants Stamet Technologies, Inc. / Caladonia Construction Ronald D. Blystone 329 North 17'h Street Camp Hill, Pennsylvania 17011 Douglas L. Morrow 366 North 28' Street Camp Hill, PA 17011 DATED: November 13, 2003 BY: S > David Aiello Page - 2 c::) O Mr n 1 ` C-0 :tJ -G l0 -C David Aiello Plaintiff V. StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JoN, NO. 03-t+344- CIVIL ACTION - LAW AND EQUITY NOTICE TO PLEAD TO: David Aiello 4 Round Hill Road Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDEGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 David Aiello : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 513(0 StarNet Technologies, Inc., : NO. 033i' Tfr- StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow : CIVIL ACTION - LAW AND EQUITY Defendants ANSWER TO COMPLAINT NOW COMES the Defendants by and through their attorney, Mark K. Emery, Esquire, and files this Answer as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. It is admitted that Aiello was an original member of the Board of StarNet. 7. Admitted. 8. Denied. Defendants do not possess sufficient information to either admit or deny each of the averments in paragraph 8 and strict proof of such allegations is hereby demanded. It is admitted that Aiello provided services in establishing the business as did the other original shareholders and members of the Board of Directors. 9. Denied. It is specifically denied the Aiello loaned money and/or advanced materials to the Defendants. 10. Denied. It is specifically denied that the Defendants entered into any agreement with Aiello whereby Aiello would be repaid for his monetary advance, with interest, when an investor was secured to fund the business plan. 11. Denied. It is specifically denied that Aiello advanced any funds or materials to the cooperation. 12. Admitted. StarNet entered into a agreement with William Aiello in which William Aiello provided certain financial support to the cooperation. 13. Denied. It is specifically denied that the Board of Directors of the corporation made any declaration regarding the ownership of the corporation, and any such ownership would be controlled by the Pennsylvania Business Corporation Law. 14. Admitted. It is admitted that the Defendants made payments to Aiello of certain sums of money. 15. Admitted. StarNet moved its offices due to a dispute with William Aiello regarding the lease of William Aiello's property. Such dispute arose due to the actions of David Aiello. Such actions specifically injured the corporation by creating a dispute with William Aiello, whereby David Aiello breached his fiduciary duty to the corporation. 16. Admitted. The relevant party is divided into various leased spaces. 17. Admitted. It is admitted that Morrow was hired to operate Caladonia Construction and subsequently became a member of the Board of Directors of StarNet. 18. Denied. It is specifically denied that Blystone and Morrow ever converted funds of StarNet or used StarNet's manpower or equipment for their own personal use. 19. Admitted. It is admitted that David L. Liberator provided investment funding to StarNet. 20. Admitted. It is admitted that Aiello was employed by StarNet as its Chief Operating Officer and Secretary. 21. Denied. It is specifically denied that StarNet agreed to make additional payments to Aiello in the amount of $3,896.60. 22. Admitted that Aiello requested a financial accounting. During that period Aiello was consistently provided financial information at each meeting, including financial speadsheets. 23. Denied. By way of further response, Aiello was provided all financial records generated by StarNet. 24. Admitted. It is admitted that StarNet made no payments to Aiello as no such payments were required. 25. Denied. It is specifically denied that Blystone, Morrow, Liberator and Dailey used any StarNet funds or resources to purchase the property at 1845 Market Street. 26. Admitted that StarNet Propertties, LLC was created to purchase real estate. 27. Denied. It is specifically denied that Blystone and Morrow used any StarNet funds or corporate resources for their own personal use or for any other improper purposes. 28. Denied. Defendants incorporate their answer in paragraph 27 fully herein. 29. Admitted. It is admitted that StarNet made payments to Aiello, although such payments are not evidence of their consent to Aiello's demand for additional funds due. 30. Admitted and Denied. It is admitted that certain payments were made to Aiello. It is denied that any further payments are due Aiello. 31. Admitted. It is admitted that Aiello has made repeated meritless demands for payment. 32. Denied as stated. It is admitted that Aiello's employment with StarNet was terminated due to Aiello's misfeasance and malfeasance. 33. Admitted. It is admitted that Aiello was removed from the Board of Directors due to his misfeasance and malfeasance as well as his termination of employment with StarNet. 34. Denied. It is specifically denied that Defendants' conduct is in anyway motivated other than for the sole reason that Aiello is not due any additional monies from the cooperation. COUNTI Breach or Implied or Quasi Contract Aiello v. StarNet, Caladonia, Blystone and Morrow. 35. Paragraphs 1 through 34 are incorporated fully herein by reference. 36. Denied. It is specifically denied that Aiello loaned money or advanced materials to the Defendants. Rather, Aiello, as all shareholders, provided services and advancements as consideration of the shares issued him as required under the Pennsylvania Business Corporation Law. 37. Denied. It is specifically denied that the corporation accepted the services with the expectation that Aiello would be paid for such monies. 38. Denied. It is specifically denied that the Defendants have been unjustly enriched. By way of further response, paragraph 38 is denied as a legal conclusion. WHEREFORE, Defendants respectfully request this Court to enter judgement for them and against Plaintiff and award Defendants all costs and attorney's fees as required by 42 Pa.S.C.A . §8351. COUNT II Promissory Estoppel Aiello v. StarNet, Caladonia, Blystone and Morrow. 39. Paragraphs 1 through 38 are incorporated fully herein by reference. 40. Denied. It is specifically denied that any Defendant made promises to Aiello, that any alleged loan would be repaid to him. 41. Denied. After reasonable investigation Defendants do not have sufficient information to be able to determine Aiello's mental state regarding his reliance on any alleged promise. 42. Denied as a legal conclusion. 43. Denied as a legal conclusion. 44. Denied as a legal conclusion. WHEREFORE, Defendants respectfully request this Court to enter judgement for them and against Plaintiff and award Defendants all costs and attorney's fees as required by 42 Pa.S.C.A. §8351. COUNT III Quantum Meruit-Unjust Enrichment Aiello v. StarNet, Caladonia, Blystone and Morrow. 45. Paragraphs 1 through 44 are incorporated fully herein by reference. 46. Denied. It is specifically denied that any loans were provided by Aiello and therefor no benefits accrued to the Defendants. 47. Denied. 48. Denied. It is specifically denied that Aiello provided anything of value to the corporation at any point in time. By way of further response, Aiello's actions, including misfeasance and malfeasance, have substantially injured the corporation. 49. Denied as a legal conclusion. WHEREFORE, Defendants respectfully request this Court to enter judgement for them and against Plaintiff and award Defendants all costs and attorney's fees as required by 42 Pa.S.C.A. §8351. COUNT IV Conversion Aiello v. Blystone and Morrow. 50. Paragraphs 1 through 49 are incorporated fully herein by reference. 51. Denied as a conclusion of law. 52. Denied. It is specifically denied that Blystone and Morrow have retained any such monies. By way of further response, since Aiello has stated that the alleged loans were made to the corporation, individual shareholders, such as Blystone and Morrow, cannot be held legally responsible for the corporation's alleged failure to repay such loans. WHEREFOR, Defendants respectfully request this Court to enter judgement for them and against Plaintiff and award Defendants all costs and attorney's fees as required by 42 Pa.S.C.A. §8351. COUNT V Conspiracy Aiello versus Blystone and Morrow. 53. Paragraphs 1 through 52 are incorporated fully herein by reference. 54. Denied. It is specifically denied that any loan existed. Therefore, Blystone and Morrow could not have been aware of such terms. 55. Denied. Defendants incorporate paragraph 54 fully herein by reference. 56. Denied. Defendants incorporate paragraph 54 fully herein by reference. 57. Denied. Defendants incorporate paragraph 54 fully herein by reference. 58. Denied. It is specifically denied that Blystone and Morrow's actions as members of the Board of Directors were at any times unlawful. Any conduct by the corporation towards Aiello is due to Aiello's misfeasance, malfeasance, misuse of corporate funds and general improper conduct. WHEREFOR, Defendants respectfully request this Court to enter judgement for them and against Plaintiff and award Defendants all costs and attorney's fees as required by 42 Pa.S.C.A. §8351. NEW MATTER 59. Paragraphs 1 through 58 are incorporated fully herein by reference. 60. Aiello did not make any cash payment for his shares in StarNet. 61. Pursuant to the Pennsylvania Business Corporation Law, a shareholder must provide value for the issuance of shares. 62. At no time has StarNet ever entered into a written loan agreement with Aiello. 63. At no time did StarNet's Board of Directors establish a resolution whereby it agreed that the start-up funds provided by any individual, including Aiello, would be considered loans subject to repayment. 64. No other shareholder of StarNet has been repaid the funds he advanced to the corporation to pay for start-up costs. 65. Aiello improperly used corporate funds to pay for a rental car he utilized. 66. Aiello improperly used corporate funds to pay for gas and personal expenses. 67. At no time was Aiello authorized to use corporate funds for his personal expenses. 68. At no time did StarNet authorize Aiello's use of a rental car. AFFIRMATIVE DEFENSES 69. Aiello has failed to state a claim for which relief may be granted. 70. Aiello's claims are barred by the statute of limitations. 71. Aiello's claims are barred by the doctrine of laches. 72. Aiello's claims are barred by the doctrine of unclean hands. 73. Aiello's claims are brought in bad faith and therefore are subject to the penalties set forth in 42 Pa.S.C.A. §8351. Respectfully submitted, DATE: 11-d1(-o3 THE LAW OFFICES OF MARK K. EMERY By: Mark K. Emery Supreme Court I.D. #72787 410 North Second Street Harrisburg, PA 17101 717-238-9883 Attorney for Defendants VERIFICATION We, Ronald D. Blystone, Douglas L. Morrow, individually and on behalf of StarNet Technologies, Inc., hereby verify that I have read the foregoing Answer and that the information contained therein is hue and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. f- I' I O. B o ougla Mono DATE' -.) - 3 CERTIFICATE OF SERVICE AND NOW, this 241h day of November, 2003, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer by mailing a true and correct copy via United States first class mail, addressed as follows: David Aiello 4 Round Hill Road Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Marc K. Emery n C> r ? : ? , ,?..; ' ,? ` ?: ? . _ -. ? a .-? c. _ ` '? 3) [ : i J -` .. . I DAVID AIELLO, Plaintiff V. STARNET TECHNOLOGIES, INC., STARNET TECHNOLOGIES, INC., TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW AND EQUITY NO. 03-5136 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS, STARNET, CALADONIA, BLYSTONE AND MORROW AND NOW comes Plaintiff, David Aiello, pro se, ("Aiello") and files this Reply to the New Matter of all Defendants to Plaintiff's Complaint, stating: 59. Plaintiff hereby incorporates herein by reference paragraphs 1-58 of his Complaint. 60. Denied as stated. It is specifically denied that Aiello did not make any cash payments to Starnet and/ or its founders. On the contrary, Aiello loaned significant funds to Starnet and its founders for the formation and operation of the business. It is also specifically denied that Aiello received ownership in the business in the form of shares of stock. 61. Paragraph 61 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. 62. Admitted in part and denied in part. It is admitted that Defendant Starnet did not memorialize in a writing, Aiello's loan of money to it and its founders. It is specifically denied that Starnet did not enter into a loan agreement with Aiello. 63. Denied. It is specifically denied that at no time did Starnet and its board of directors and founders agree to repay Aiello for his substantial contribution to them in the loan of monies, providing equipment and services. 64. Denied. After reasonable investigation, Aiello does not have sufficient information at this time to be able to admit or deny the averments in paragraph 64, and strict proof thereof is hereby demanded at trial. Page - 1 65. Denied. It is specifically denied that Aiello, at any time, improperly used corporate funds to pay for a rental car and strict proof thereof is hereby demanded at trial. 66. Denied. It is specifically denied that Aiello, at any time, improperly used corporate funds to pay for gas and personal expenses or any other use and strict proof thereof is hereby demanded at trial. 67. Denied as stated. It is specifically denied that Aiello, at any time, used corporate funds to pay for personal expenses and strict proof thereof is hereby demanded at trial. 68. Denied. 69. Paragraph 69 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. 70. Paragraph 70 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. 71. Paragraph 71 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. 72. Paragraph 72 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. 73. Paragraph 73 of the Defendant's New Matter sets forth a conclusion of law that requires no response. By way of further answer, denied. WHEREFORE, Plaintiff David Aiello continues to demand judgment in his favor and against Defendants in an amount in excess of $4,389.21, plus punitive damages, interest and costs, and such other and further general relief as requested in his Complaint and deemed proper by the Court. Respectfully submitted, BY? David Aiello, pro se Dated: December 15, 2003 Page - 2 DAVID AIELLO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. STARNET TECHNOLOGIES, INC., CIVIL ACTION - LAW AND EQUITY STARNET TECHNOLOGIES, INC., NO. 03-5136 TDBA, CALADONIA CONSTRUCTION, RONALD D. BLYSTONE, DOUGLAS L. MORROW Defendants CERTIFICATE OF SERVICE I, David Aiello, hereby certify that a copy of the Plaintiffs REPLY TO NEW MATTER OF DEFENDANTS, STARNET, CALADONIA, BLYSTONE AND MORROW was served upon the persons and in the manner indicated below: SERVICE BY US FIRST CLASS MAIL POSTAGE PREPAID: Mark K. Emery, Esquire 410 North Second Street Harrisburg, Pennsylvania 17101 Attorney for Defendants Starnet Technologies, Inc. / Caladonia Construction Ronald D. Blystone 329 North 17`h Street Camp Hill, Pennsylvania 17011 Douglas L. Morrow 366 North 281' Street Camp Hill, PA 17011 DATED: December 15, 2003 BY: David Aiello Page - 3 c? N t - ?-? ,-. - ?-, , - ?:? r. i ; ii7 Ti r __ _ r)! n L•; r 'u .: ?_? ?r _ _? 1 _ '; Cl i; ' _G David Aiello Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants NO. 03-5-1.346 6'13f- CIVIL ACTION - LAW AND EQUITY MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion to Withdraw as Counsel, as follows: 1 2. 3. 4 Movant, Mark K. Emery, Esquire commenced representing the Defendants in this matter in or about June 2003. Since the commencement of representation, Defendants have failed to abide by the terms of the Representation Agreement entered into by the Defendants. Defendants have failed to maintain proper communications with Movant, thereby limiting the ability to provide full and adequate representation. Defendants have been advised, in writing, that their continued failure to abide by the terms of the Representation Agreement would result in Movant's withdraw as counsel. 5. No matters are currently scheduled before the Court which would be delayed by the withdraw of counsel. WHEREFORE, the Movant, Mark K. Emery, Esquire, respectfully requests this Honorable Court grant him leave to withdraw as counsel for the Defendants. Respectfully submitted, LAW OFFICES OF MARK K. EMERY l By: 'Mark K. Emery Supreme Court I.D 787 410 North Second Street Harrisburg, PA 17101 717-238-9883 DATE: I - l -O q CERTIFICATE OF SERVICE AND NOW, this 16`" day of January, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Withdraw as Counsel for Defendants by mailing a true and correct copy via United States first class mail, addressed as follows: David Aiello 4 Round Hill Road Camp Hill, PA 17011 Starnet Technologies Ronald D. Blystone Douglas L. Morrow 1845 Market Street Suite 200 Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: v Mark K. Emery r?i c:o -) ? _a ?- . •;i ? David Aiello Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants NO.03-54ate- G CIVIL ACTION - LAW AND EQUITY RULE TO SHOW CAUSE AND NOW, this &day of January, 2004, a Rule is issued upon Defendants and any other interested party to show cause why the Movant, Mark K. Emery, Esquire, should not be granted leave to withdraw as counsel for the Defendants. Rule returnable within 15 days of service. Distribution: lArark K. Emery, Esquire -S9rnet Technologies, Inc. nald D. Blystone v/Doualas L. Morrow avid Aiello c1?9 Off. U _Z4 L? I) David Aiello Plaintiff V. StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-544-* si 36 CIVIL ACTION - LAW AND EQUITY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion to Make Rule Absolute, as follows: 1 2. 3. Movant, Mark K. Emery, Esquire filed his Motion to Withdraw as Counsel for Defendants on January 20, 2004. A Rule to Show Cause was issued on January 23, 2004, with a returnable date of 15 days from date of service. A copy of the Rule is attached hereto as Exhibit "A". Service of the Rule was made upon all interested parties on January 26, 2004. 4. No response has been filed by any interested party as of the date of this Motion, this date being beyond the 15 day return period. WHEREFORE, the Movant, Mark K. Emery, Esquire, respectfully requests this Honorable Court make the Rule absolute, and grant him leave to withdraw as counsel for the Defendants. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By. Mark K. Emery Supreme Court I.D. #72787 410 North Second Street Harrisburg, PA 17101 717-238-9883 DATE: February 18, 2004 EXHIBIT A Jilt`! w UU David Aiello : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., : NO. 03-5='6k8 Si3L StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow : CIVIL ACTION - LAW AND EQUITY Defendants RULE TO SHOW CAUSE AND NOW, this, day of January, 2004, a Rule is issued upon Defendants and any other interested party to show cause why the Movant, Mark K. Emery, Esquire, should not be granted leave to withdraw as counsel for the Defendants. Rule returnable within 15 days of service. Distribution: Mark K. Emery, Esquire Starnet Technologies, Inc. Ronald D. Blystone Douglas L. Morrow David Aiello TRUE COPY FROM FP^ ~ .D In Testimony viher°rf I here untc set my hand ilnd jhe seal of sai? Court at Carlisle, Pa. CERTIFICATE OF SERVICE AND NOW, this 181h day of February, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Withdraw as Counsel for Defendants by mailing a true and correct copy via United States first class mail, addressed as follows: David Aiello 4 Round Hill Road Camp Hill, PA 17011 Starnet Technologies Ronald D. Blystone Douglas L. Morrow 1845 Market Street Suite 200 Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery -o 77 1 _1 FEB 2 0 2004 W David Aiello : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., : NO. 0351246 SIJ(= StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow : CIVIL ACTION - LAW AND EQUITY Defendants ORDER AND NOW, this J - day of February, 2004, upon consideration of Movant's Motion to Make Rule Absolute, it is hereby ORDERED that Movant, Mark K. Emery, Esquire, is granted leave to withdraw as counsel for all Defendants. Distribution: &.Wark K. Emery, Esquire v,*arnet Technologies, Inc. J ,,31onald D. Blystone ,/Douglas L. Morrow David Aiello BY TH T J. 1P oa-dq r I.. riLe r 0,i 1-lUE- Ui= 'fi-Ic F,a?TFCr?;G1Au?'`, 200 FEB 24 f'ii 4: 06 David Aiello Plaintiff V. StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5*W S) 66 CIVIL ACTION - LAW AND EQUITY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Movant, Mark K. Emery, Esquire, and files this Motion to Make Rule Absolute, as follows: 1. Movant, Mark K. Emery, Esquire filed his Motion to Withdraw as Counsel for Defendants on January 20, 2004. 2. A Rule to Show Cause was issued on January 23, 2004, with a returnable date of 15 days from date of service. A copy of the Rule is attached hereto as Exhibit "A". 3. Service of the Rule was made upon all interested parties on January 26, 2004. 4. No response has been filed by any interested party as of the date of this Motion, this date being beyond the 15 day return period. WHEREFORE, the Movant, Mark K. Emery, Esquire, respectfully requests this Honorable Court make the Rule absolute, and grant him leave to withdraw as counsel for the Defendants. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery Supreme Court I.D. #72787 410 North Second Street Harrisburg, PA 17101 717-238-9883 DATE: February 18, 2004 EXHIBIT A JAN w :. _iU4 David Aiello : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., : NO. 03-5 S13C> StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow : CIVIL ACTION - LAW AND EQUITY Defendants ` RULE TO SHOW CAUSE AND NOW, this day of January, 2004, a Rule is issued upon Defendants and any other interested party to show cause why the Movant, Mark K. Emery, Esquire, should not be granted leave to withdraw as counsel for the Defendants. Rule returnable within 15 days of service. Distribution: Mark K. Emery, Esquire Starnet Technologies, Inc. Ronald D. Blystone Douglas L. Morrow David Aiello TRUE COPY FROM R£? ?D In Testimony vihergef, I here unto set my hand or flhe seal of sai? Court at Carlisle, Pa. J,5/ 76. CERTIFICATE OF SERVICE AND NOW, this 18th day of February, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Withdraw as Counsel for Defendants by mailing a true and correct copy via United States first class mail, addressed as follows: David Aiello 4 Round Hill Road Camp Hill, PA 17011 Starnet Technologies Ronald D. Blystone Douglas L. Morrow 1845 Market Street Suite 200 Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery ?;) o O .-_ ? , -ri ?? il-?: 1"il i'- G? ? __ ? W (_i? _ I -r. ' I_-i? _ ? :?C1 "G G.1 -y `, {? `:'7 _% ...1 - ??? c` ?1? J David Aiello Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow Defendants NO. 03-5136 CIVIL ACTION - LAW AND EQUITY PRAECIPE TO WITHDRAW AS COUNSEL FOR DEFENDANTS TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel for all Defendants. Leave to withdraw was granted upon Order of Court, attached hereto as Exhibit "A". Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery Supreme Court I.D. #72787 410 North Second Street Harrisburg, PA 17101 717-238-9883 DATE: March 9, 2004 FEB 2 0 2004 David Aiello : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. StarNet Technologies, Inc., : NO. 0344346 5131. StarNet Technologies, Inc., TDBA, Caladonia Construction, Ronald D. Blystone, Douglas L Morrow : CIVIL ACTION - LAW AND EQUITY Defendants AND NOW, thisAgA day of February, 2004, upon consideration of Movant's Motion to Make Rule Absolute, it is hereby ORDERED that Movant, Mark K. Emery, Esquire, is granted leave to withdraw as counsel for all Defendants. BY THE COURT TT Distribution: Mark K. Emery, Esquire Starnet Technologies, Inc. Ronald D. Blystone Douglas L. Morrow David Aiello CERTIFICATE OF SERVICE AND NOW, this g`h day of March, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Praecipe to Withdraw as Counsel for Defendants by mailing a true and correct copy via United States first class mail, addressed as follows: David Aiello 4 Round Hill Road Camp Hill, PA 17011 Starnet Technologies Ronald D. Blystone Douglas L. Morrow 1845 Market Street Suite 200 Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery n? ?' G - .? 'n 7;7 f"(7 N .'7<? Cl -7 -(_ r i ..?" - -C7 ^? f?l !.; .. ? _.? C11 ?: LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net WENDY WICKENHEISER Plaintiff, V. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2003•-CV-5136-DJ APPEAL BRYAN FISHER and TRISHA CIVIL ACTION - LAW FISHER, husband and wife, Defendants. JURY TRIAL DEMANDED ANSWER TO NEW MATTER 27. The allegations of paragraph 27 state conclusions of law to which no response is required. To the extent a response may be required, however, it is Denied. To the contrary, Defendants were negligent in the maintenance of their condominium unit; particularly, its heating and air conditioning system. Respectfully Submitted, LAW OFFICE OF SHANE B. KOPE Date: By: - ?" SHA B.KOPE Attorney for Plaintiff VERIFICATION I, Shane B. Kope, Esquire, attorney for the Plaintiff in this matter, verify that the statements made in the foregoing Plaintiffs Answer to NeIN Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that his statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1/3/2005 Shane B. Kope. Esquire CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on January 3, 2005, 1 served a copy of the within Answer to New Matter by depositing sarne in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Richard H. Wix, Esquire Wix, Wegner & Weidner 4705 Duke Street Harrisburg, PA 17109 Shane B. Kope, Esquire Supreme Court I.D. # 92207 LAW OFFICE OF' SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele. (717) 761-7573 -`' Curtis R. Long Prothonotary OfflLe of the Protbonotarp QCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?3 - •5 _ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573