HomeMy WebLinkAbout03-5671S. ELLIS & COMPANY IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V.
KAP, INC. d/b/a NO. 03 - S`7'
NATURE ZONE
Defendant.
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Effective September 1, 2003 Complaint
EN LA CORTE DE ALEGATOS COMUUN DEL CONDADO DE CARLISLE,
PENNSYLVANIA
DIVISION CIVIL
AVISO PARA DEFENDER
Conforme a PA RCP Num. 101 8A
USTED HA SIDO DEMANDADOIA EN LA CORTE. Si usted desea defender conta
demanda puestas en las siguientes pdginas, usted tienen que tomar acci6n dentroo veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente
o por an abogado y archivando por escrito con la Corte sus defensas o objeciones a ]as demandas
puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin
usted y un j azgamiento puede ser entrado contra used por la Corte sin m" aviso por cualquier dinero
reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted
puede perder dinero o propiedad o ostros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA, SI USTED NO
TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUi
ABAJO. ESTA OFICINA PUEDE PROVEERE CONINFORMACIONDE COMO CONSEGUIR
UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS
LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Efectivo 1 de septiembre, 2003 Queja
S. ELLIS & COMPANY
Plaintiff,
V.
KAP, INC. d/b/a
NATUREZONE
Defendant.
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 63 - S'L71
et V X-?
COMPLAINT
The Complaint of S. Ellis & Company, P.C., by and through its counsel, Cunningham &
Chernicoff, P.C., against KAP, Inc. is as follows:
1. Plaintiff is S. Ellis & Company, P.C. ("Plaintiff'), a Pennsylvania business
corporation with a principal address located at 3607 Rosemont Avenue, Suite 205, Camp Hill, PA
17011.
2. Defendant is KAP, Inc., d/b/a Nature Zone ("Defendant'), is a Pennsylvania
corporation with a principal place of business located at 792 Brent Water Road, Camp Hill,
Pennsylvania, 17011.
COUNT I
BREACH OF CONTRACT
3. The allegations of Paragraphs 1 through 2 of this Complaint are hereby realleged and
incorporated herein by reference as if more fully set forth.
4. On or about July 1, 2001, Defendant and Plaintiff entered into a client engagement
agreement whereby Plaintiff agreed to provide tax and accounting services to Defendant in exchange
for Defendants' promise to pay for such services. A true and correct copy of the client's engagement
agreement is attached hereto and labeled Exhibit "A".
5. Pursuant to the agreement, services were to be performed on a month-to-month basis
and fees for such services were due and payable monthly on the first day of the month during which
the services were performed.
6. Pursuant to the terms of the agreement, Defendant also agreed to pay a finance charge
of 1.5% per month on any balance overdue by more than thirty (30) days.
7. Between July 1, 2001, and June 30, 2003, and pursuant to the agreement, Plaintiff
provided tax and accounting services to Defendant in the aggregate amount of $2,114.41. True and
2
correct copies of the invoices issued by Plaintiff to Defendant demonstrating these charges is
attached hereto as Exhibit "B".
8. Plaintiff provided the aforementioned tax and accounting services to Defendant with
the understanding that such services would be paid for in accordance with the parties' agreement.
9. On or about July 7, 2003, and again on August, 8, 2003, Plaintiff demanded that
Defendant pay for the services provided by Plaintiff as set forth above.
10. Defendant has wrongfully refused and failed to pay Plaintiff for such services.
11. Defendant has breached the agreement by failing and refusing to pay Plaintiff for the
services provided in accordance with the terms of the agreement.
12. Defendant has no legal excuse for its failure of refusing to perform under the
agreement as regards to paying the Plaintiff for the services provided as alleged and set forth above.
13. All conditions precedent to recovery by Plaintiff have occurred.
3
14. Because of the Defendant's failure and refusal to pay for the services provided for by
Plaintiff in accordance with the agreement, Plaintiffhas been damaged in the total sum of $2.114.41,
not including additional interest and charges, no part of which has been paid to Plaintiff.
WHEREFORE, Ellis S. & Company, P.C., respectfully requests a judgment in its' favor and
against Defendant KAP, Inc. d/b/a Nature Zone for:
a. Money damages in the amount of $2,114.41;
b. Prejudgement interest at the rate of 18% annually;
C. Costs of suit;
d. Post judgment interest at the legal rate of 6% annually;
e. Reasonable attorney fees; and
Such further and additional relief as the Court deems proper and just.
COUNT II
UNJUST ENRICHMENT
15. The allegations of Paragraphs I through 14 of this Complaint are hereby realleged
and incorporated by reference as if more fully set forth.
4
16. Between July 1, 2001 and June 20, 2003, Plaintiff, at the request of Defendant,
provided tax and accounting services to or for the benefit of Defendant, and Defendant promised to
pay Plaintiff for same.
17. The services provided by Plaintiff to Defendant have a cash value of $2,114.41, not
including interest from the date of this Complaint or other costs.
18. No part of the sum set forth above has been paid by Defendant to Plaintiff, although
Plaintiff has demanded payment of that sum on prior occasions.
19. As a result of the services having been provided to and for the bank for the Defendant,
the Defendant has been injustly enriched at the expense of the Plaintiff. In engaging in the conduct
herein above averred, Defendant has acted willfully, maliciously, and with wonton disregard of
Plaintiffs rights and interest.
WHEREFORE, Ellis S. & Company, P.C., respectfully requests a judgment in its' favor and
against Defendant KAP, Inc. d/b/a Nature Zone for:
a. Money damages in the amount of $2,114.41;
b. Prejudgement interest at the rate of 18% annually;
C. Costs of suit;
d. Post judgment interest at the legal rate of 6% annually;
e. Reasonable attorney fees; and
f. Such further and additional relief as the Court deems proper and just.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: ?0IR7/03 By: ?•
Henry W. Eck, Esquire
I.D. #8308
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
msm\docs\comp1ain\e11is
6
VERUMATION
k Shaun Ellis, President of Ellis S. & Company, P. C., hereby vetify that the statements
made in the foregoing Complaint and Notice are true and correct to the best of my knovAedge. 1
understand that false statements herein are made subject to the penalties of 19 Pa.C.S. §4904,
relating to unworn fklsification to authorities
Date: /o- 20 - 03 vft"
Shaun Ellis
EXHIBIT "A"
S. Ellis & Company, PC ?. C L I E N T
CERTIFIED PUBLIC ACCOUNTANT Co E N G A G E M E N T
Tel: (717) 761-6030 / Fax: (717) 761-6031 A G R E E M E N T
LEGAL NAME: K r
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Show an X for personal tax returns x Address City Sales Accounts Sales Accounts
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Owner's Name: l`oT
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Security#:
Social MONTHLY SERVICES:
Balance Sheet
TAX REPORTS
Title Peiorrnance Graphs - ' Federal Depositories
(PA
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O Operating Statements
Detailed General Ledger State Depositories
Sales Tax
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roll Re
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Quarterly Federal
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Reconcile Bank Account Quarterly State
Consultation Quarterly Unemployment
Owner's Name:
Social Security YEAR END SERVICES:
Title: FINANCIAL STATEMENTS TAX REPORTING
Close Out Year Tax Consultaion
Ownership %: DOB: `13th Month Statement Business Tax - Federal
SZ Open New Year Business Tax - Stale
Home Tel. #: PAYROLL REPORTING Estimated Taxes
W-2's, W-3, and State Personal Tax - Federal
CLIENT WILL DO THE FOLLOWING: 1099's. 1096, and State Personal Tax- State
Mail Duplicate Checks Monthly ? Submit Module Information Monthly Reconcile Employee Withholdings Reconcile Sales Tax
Annual Local ?
Other Worker's Comp. Audits ?
% Mail Sales • Cash Details:
Payables Inventory Receivables INSTALLMENT SERVICES:
RECEIPT FOR MATERIALS PICKED UP:
SEE MATERIALS CHECKLIST Initial Business Consultation Statement Binder
)
( Review Prior Statements Deliver Client Supplies
Sample Check for Order Yes ? No Quantity , Color_ Style_ Set Up Char' of Accounts ? Review Prior Year Taxes
-V
Monthly Service to Begin
/ Input YearmeDate Figures
first Statement Review
IRS Correspondence
iscui Problem
Monthly Investment $ 140, Fee Review Date /
Other I
(630 AMOUNT AND DESCRIPTION OF
Year End Investments
. BACKWORK TO BE COMP LETED:
One Time Installation Investment c3 aO
Backwork Investment
Client Module Installation
Total Amount Received $ Check Number
This letter is written to confirm our understanding as to the services to be provided to the Company referred to above on a monthly basis. We will compile the Statement of Assets
Liabilities and Equity-Income Tax Basis, and the related Statement of Revenue and Expenses-Income Tax Basis, in accordance with Statements on Standards for Accounting and
Review Services.
In addition to the compiled financial statements, we will rovitle addi al services as marked. Our fees for these services are stated above. The fees are based on the amount
of time spent on your account eve nth. The f ment on an annual basis. If the foregoing is in accordance with your understanding, please sign this letter in
the space p\rovviiided.
Accepted: Y Date:
The services detailed above are to be performed currently on month-to-month basis and the fees shall be due and payable monthly on the first day of the month in which
services are pedormeit. In the ve action pros nforce payment, the client will be charged reasonable costs, including attorney's fees. Confidentiality
of client's records will be ither pa days written notice.
Client Signature _ Date'. By:_
.. .,, nno'.. ,t "Amt 1,,
1. TEAM - This client service agreement ("Agreement") shall be one year with guaranteed payment of the
full annual fee and then on a month to month basis which after the one year term may be ended with thirty
days advance written notice to terminate.
2. PAYMENT - Monthly fees shall be due the first day of each month after signing this agreement, except
upon a default in payment under this agreement at which lime the full annual fee shall be due and payable
at sole discretiorc of S. Ellis & Company, P.C.
3. BANK DRAFT - The Undersigned (client) understands and agrees that the monthly fee will be drawn
directly from the bank and checking account as specified on a voided check from such account. In the
event that the Undersigned (client) changes checking account from which payment is drawn, the monthly fee
'wi.ll be drawn from the account to which the Undersigned (client) changed, without further authorization
from the Undersigned 1clientl. In addition, if further authorization 0 necessary then Undersigned
(client) hereby agrees to execute any and all additional d-rKni deemed necessary to ef.`ectuate the
:erns of this agreement.
4. DEMAND NOTE - Eor vale- received, and intending ., b= legally bound, the Undersigned (client)
promise(s) to pay on demand in the event of a client default. to the order of S. Ellis & Company, P.C.,
P.O. Box 127, Mechanicsburg, PA 17055, the principal stun as stated in the total guaranteed annual fee
whether of not the one year full services are provided.
5. CONFESSION OF JUDGMENT - To further secure Maker's liabilities to S. Ellis G Company, P.C.,
hereunder, If permitted by law, Maker hereby authorizes irrevocably, the Prothonotary, Clerk of Court, or
any Attorney of any Court of Record to appear for Maker, or any one or more of them, in such Court, at
any time before or after default hereunder, and confess judgment against Maker, or any one or more of
them, with or without declaration in favor.o£ S. Ellis G Company, P.C., for such amounts as may be unpaid
hereon, together, with costs, and reasonable Attorney's fees, but in no event less than the sum of Three
Hundred ($300.00) Dollars, and waives and releases all errors and consents to immediate execution upon
such judgment, hereby ratifying and confirming all that said Attorney may do by virtue hereof. The
authority herein granted to confess judgment shall not be exhausted by one exercise thereof, but shall
continue from time to time and at all times until full payment of all liabilities hereunder.
6. ATTORNEY'S FEES - Flaker shall pay upon demand t.. J. Fiji, b Company, P.C. all costs and expenses
(including reasonable Attorney's fees) which may l.o in"nu rl by S. Ellis & Company, P.C. in the
enforcement of this ?..te and the collection of the indnbtevinnss evidenced by this agreement.
7. WAIVERS - Maker gives demand/ protest, ,al la, protest and nonpayment in connecti"n with
the delivery, accept,in Performance or enforcement 1K, r? MO', Any failure of S. Ellis e t?vnhany,
P.C. to exercise any iin' n^teunder shall. not be _ ,?M waiver of the right to esercis? Line same
-i any other Qght a, thet time or times The - -I-, Ellis & Company, P .C. of a breach or
defauLL of any F'r . this Note shall hot ofeta .:onstrued as a waiver of any subsequ=nt
breach or violaLLon t?h-,-f.
a. STATED G UNSTATED LIABILITIES - This Note shall ovidenno and secure both the stated amount due 5.
Ellis & Company, P.:'. 1 i.ender and any other ifebl.i.,i-s, direct contingent, matured, unmatured,
primary, secondary, i"int-, or several, due to bea..niN 13?, "r which may be hereafter contracted or
acquired, of Maker to v, Ellis s Company, P.C.
9. GOVERNING LAWS - I'his Agreement and Note shall 1- -"strued and governed by the laws or the
Commonwealth of i'ewsyl „ia. Any notice pursuant t? this Agreement or Note shall be sufficient it made
in written form and , first -lass U.S. postag,- wiepain mail. The provisions of this Agreement and
Note are soverahlo -i lidity or unenfoic ahilt n y provision shall not alter i i,.{'-sit the
remainingprevis., '.ii, Agreement and Note. Na a .i 3.lon I?erecf shall be binding or rfar:_-eable
unless in writing +i. ...in i cy Maker and an 3uth iir.,,}i,.-?Ktitive of S. Ellis & Compan';, P.C. This
R.n_e shall Lnure , - A. Ellis & Company, ._. Ann is successors and assigns.
10. LATE PAYMENTS - A tinance =barge shall accruo in , 'wh,,h are not received by the d-ty of
the due month. 'the fruan -h?tae shall be an n, l-c ernige rate of Eighteen
eal?ulated at. a MetiMl9 m^n<hly rate of 1.5% of the all, I ialance, at the end of Lhe r iitn_ -?tent
agrees to pay es ntaledl and costs together -. ; fees and costs actually in-utt.,-l for
:oileution of an'; an;i it ,
11. OWNERSHIP - ?_ .nail remain Lh" 1.: 1 h_ client. All cc klacec: oral! remain
'he l.ro,r,ly 0 .:. ?onftdania.. , f records shall r,^ in ..r.. w.'h.
.a^ro untaul ', p_.a q ,_- r... 1 '•1 a...: laws.
12. LIABILITY - , i, agree that. au-ountaut 1:it '.ty On accounting serric^s rendered ;m i
o-pjulons given r1 a ..! .eJ to tnat of a Certified P'ahlic Accounting firm practicing in Pennsylvania.
The client underr.tan-e; t!. Lno financial reporLS and tax returns will be prepared from the informal van
as submitted w 'b.-?,t rv ..cation. Acccunlihl Mall , ° hell harmless for all unaudited sorviees
rrzndF=r.?d.
NOTICE: THE CLIENT'S SOURCE DOCUMENTS (eg. CASH DISBURSEMENTS, CASH RECEIPTS AND DEPOSIT SLIPS) ARE DUE
AND MUST BE RECEIVED BY ACCOUNTANT NO LATER THAN BY THE 10TH OF THE MONTH FOLLOWING THE PRIOR MONTHS
BUSINESS ACTIVITY (eg. JANUARY'S SOURCE DOCUMENTS ARE DUE NO LATER THAN FEBRUARY 10TH). OTHERWISE
ACCOUNTANT WILL NOT INCUR ANY LIABILITY RESULTING FROM LATE FILINGS.
EXHIBIT "B"
STATEMENT OF ACCOUNT
6 30 03
PAGE 1
Ellis S. & Company, PC 7/31/03
456.75
* Finance Charge 6.85
1.5°s per month (18°s annual)
any balance 30 days or over
Please Pay This Amount 463.60
P?ydF F '3H STATINJENT PATE Y -
OVER 120 90-120 60-90 30-60 CURRENT TOTAL
234.25 50.00 165.75 6.75 6.85 463.60
Referrals = FREE Months Accounting or Payroll
pETACN AND RETURN WiT;i F'+'+'.'LNT -
Ellis S. & Company, PC
Certified Public Accountant 07/31/03
• 3607 Rosemont Avenue, #205 ELLI 622
Camp Hill, PA 17011 463.60
S
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Ellis S. & Company, PC Kap, Inc.
Certified Public Accountan- dba Nature Zone-Naples, F1
3607 Rosemont Avenue, #205 792 Brentwater Road
Camp Hill, PA 17011 Camp Hill, PA 17011
STATEMENT OF ACCOUNT
PAGE 1
Ellis S. & Company, PC 7/31/03
7MICRIPTION t ox
..'
'
6 30 03 Beginning Balance 1626.41 ?
* Finance Charge 24.40
1.5e per month (18% annual)
any balance 30 days or over
r
! Please Pay This Amount 1650.81
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•ms^}.v s Y '. pi: '+.°. .. M "1` ! '. :f'a•IG`'tv?e2' 'R r J..:
OVER 120 90-120 60-90 30-60 CURRENT TOTAL 'f,?
1209 .24 180.66 212.47 24.04 24.40 1650.81
Refer rals = FREE Months Acco unting or Payroll
E74CH AND R ETURN WITH PAYMENT
Elli s S. & Company, PC
Cert ified Public Accountant 07/31/03
3607 Rose mont Avenue, #205 ELLI 494
Camp Hill , PA 17011 1650.81
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Elli s S. & Company, PC Kap, Inc. R
es Cert ified Public Accountan dba Nature Zone
3607 Rose mont Avenue, #205 792 Brentwater Road
Camp Hill , PA 17011 Camp Hill, PA 17 011
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05671 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
S ELLIS & COMPANY
VS
KAP INC D/B/A NATURE ZONE
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KAP INC D/B/A NATURE ZONE the
DEFENDANT , at 1934:00 HOURS, on the 7th day of November , 2003
at 792 BRENT WATER ROAD
CAMP HILL, PA 17011
by handing to
CANT UNDERKOFLER, PRESIDENT, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /y fe day of
7? u? w ?au? a/tty 3 A.D.
P othonotary '
So Answers:
ell
" kl
R. Thomas Kline
11/10/2003
CUNNINGHAM & CHERNICOFF
By:
G 91.v1
eputy Sheriff
S. ELLIS & COMPANY,
Plaintiff,
V.
KAP, INC. d/b/a NATURE ZONE,
Defendant.
Civil Action - Law
No. 03 - 5671 Civil Term
ANSWER WITH NEW MATTER
AND NOW, comes Defendant, Kap, Inc. d/b/a Nature Zone ("Defendant")
by and through its attorneys, MILLER LIPSITT LLC, and files this Answer with
New Matter to the Complaint of Plaintiff, S. Ellis & Company ("Plaintiff'), and in
support thereof avers:
1. Admitted upon information and belief.
2. Admitted.
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
CountI
BREACH OF CONTRACT
3. No responsive pleading is necessary.
4. Denied. The allegations contained in this paragraph attempt to
characterize a written document, which written document speaks for itself.
5. Denied. The allegations contained in this paragraph attempt to
characterize a written document, which written document speaks for itself.
6. Denied. The allegations contained in this paragraph attempt to
characterize a written document, which written document speaks for itself.
7. Denied. After a reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the averments of this
paragraph.
8. Denied. After a reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the averments of this
paragraph.
9. Denied. After a reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the averments of this
paragraph.
10. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
11. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
12. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
13. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
14. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
WHEREFORE, Defendant respectfully requests that judgment be entered in
its favor and against Plaintiff.
Count II
UNJUST ENRICHMENT
15. No responsive pleading is necessary.
16. Denied. After a reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the averments of this
paragraph.
17. Denied. The allegations contained in this paragraph constitute a
conclusion of law to which no responsive pleading is required.
18. Denied. After a reasonable investigation, Plaintiff is without knowledge
or information sufficient to form a belief as to the truth of the averments of this
paragraph.
19. The allegations contained in this paragraph constitute a conclusion of
law to which no responsive pleading is required.
WHEREFORE, Defendant respectfully requests that judgment be entered in
its favor and against Plaintiff.
NEW MATTER
20. Paragraphs 1 through 19 are hereby incorporated herein as if fully set
forth at length.
21. The services allegedly provided by Plaintiff were unnecessary,
negligent, and the fees sought are unreasonable.
22. Plaintiff has failed to allege a cause of action upon which relief can be
granted.
23. Plaintiff has been fully compensated for any and all services rendered.
24. Plaintiff's claims are barred by the doctrine of unclean hands.
Respectfully submitted,
MILLER LIPSITT LLC
Date: Z ? By Cr Ir r,-*) ?
Bradley A. Schutjerr
Attorney I.D. No.: 83755
(717) 909-5920
P.O. Box 959
Attorney I.D. No.: 75954
(717) 909-5921
Chadwick O. Bogar
Camp Hill, PA 17001-0959
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of
the Answer with New Matter was served via first class United States mail, postage
pre-paid upon the following:
Henry W. Van Eck, Esquire
Counsel for Plaintiff
2320 North Second Street
Harrisburg, PA 17106-0457
Dated: 1 By: C" 1\ O ,
Chadwick O. Bogar
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ANITA LOWE, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : NO: 02-5671
CIVIL ACTION - LAW
CHARLES McGARRY, and
ROBERT CASSEL, JURY TRIAL DEMANDED
Defendants.
ANSWER TO MOTION TO COMPEL DISCOVERY
AND NOW, comes the Plaintiff, Anita Lowe, by and through her attorneys,
Mancke, Wagner, Tully & Spreha, and files the following Answer to Motion to
Compel Discovery:
1. Admitted.
2. Admitted.
3. Admitted.
4. Plaintiff is without knowledge as it relates to averment 4, therefore, the
same is denied and strict proof is demanded at the time of trial.
5. Admitted in part, however, it is denied that the authorizations are required
to be signed by the Plaintiff.
6. Denied. It is denied that the condition has any bearing on the alleged
injuries in the case, and it is further denied that Plaintiff has an obligation to provide
authorizations as requested by the Defendant.
7. Denied. It is denied that the Defendant's ability to prepare a defense is in
any way prejudiced.
8. Admitted.
9. Admitted, however, it is expressly denied that Plaintiff is required to made
available the records requested by the Defendant.
10. Admitted.
11. Denied. It is denied that the Plaintiff should have to execute any kind of
authorization as requested by the Defendant.
12. Admitted.
-2-
WHEREFORE, Plaintiff requests the Court to deny the request for the
Motion to Compel Discovery.
Respectfully submitted,
Mancke, Wagner & Spreha
By
ieha'rd Wagner, Esquire
#23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for
Date: o?/ ??Y
-3-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: C:?_ I q L4
CERTIFICATE OF SERVICE
I, Debra K. Spinner, secretary in the law firm of MANCKE,
WAGNER, and SPREHA, do hereby certify that. I am this day serving
a copy of the foregoing document to the following persons and in
the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing the same in the United States Mail, Harrisburg,
Pennsylvania, with first class postage, prepaid, and addressed as
follows:
John R. Ninosky, Esquire
320 E. Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Stephen Geduldig, Esquire
P.O. Box 999
Harrisburg, PA 17108
By ) ' J L
Debra K. Spinne
MANCKE, WAGNER,
2233 North Fror
Harrisburg, PA
Secretary
& SPREHA
t Street
17110
P. Richard Wagner, Esquire
Attorneys for Plaintiff
DATE: 4 ?a y
TT
C1;n
c};
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberfanb Cnuntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
103 - S1. Y/ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 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