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HomeMy WebLinkAbout08-6336JAVIER ALMANZA and LINDA ALMANZA Plaintiffs V. SAFE HARBOR MORTGAGES, : INC, SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN FINANCIAL : CONSULTING, INC. Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 4?-' 6 336 cry! -f" CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Javier Almanza, Plaintiff, by and through his attorney, Doreena L. Sloan, Esquire, who files this action for Breach of Contract, Fraud and Misrepresentation, and violation of the Consumer Protection Act, and in support thereof avers as follows: PARTIES 1. Plaintiff, Javier Almanza, is an adult individual who resides at 1424 Naudain Street, Harrisburg, Dauphin County, Pennsylvania. 17104. 2. Defendant, Safe Harbor Mortgages, Inc., is a Pennsylvania Corporation with a business address registered with the Pennsylvania Department of State as 624 North Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043 and doing business at 5010 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The incorporator and Chief Executive Officer of Safe Harbor Mortgages, Inc., is Robert Mylnek who resides at 170 SI Rode Lane, York Haven York County, Pennsylvania 17370. 4. Defendant Safe Haven Financial Consulting, Inc., is a Pennsylvania Corporation with a business address registered with the Pennsylvania Department of State as 624 North Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043 and doing business at 5010 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. The incorporator and Chief Executive Officer of Safe Haven Financial Consulting, Inc., is Robert Mylnek who resides at 170 SI Rode Lane, York Haven York County, Pennsylvania 17370. FACTS 6. On or about March of 2007, Plaintiff was solicited by Defendant Robert Mylnek to become a partner with him in two businesses which he had incorporated under the names of Safe Harbor Mortgages, Inc., and Safe Haven Financial Consulting, Inc. 7. Defendant Robert Mylnek promised Plaintiff that, in exchange for payment of $50,000.00, Defendant would give Plaintiff a fifty (50%) interest in these businesses with him. 8. Defendant Robert Mylnek promised Plaintiff that he would complete all paperwork regarding Plaintiff's purchase of fifty (50%) percent interest in these businesses but failed to do so through the filing of this complaint. 9. Plaintiff relied upon Defendant Robert Mylnek's representations that he was purchasing a fifty (50%) percent interest in these businesses with him and paid forty- nine-thousand-eight-hundred twenty dollars and twenty-one cents ($49,820.21) to Defendants on or about April 19, 2007. 10. Defendant neither prepared a formal contract as promised nor issued stock pursuant to the Pennsylvania Business Corporation Law of 1988. 11. On August 16, 2007, Plaintiff Linda Almanza paid Defendant Safe Haven Financial, Inc., nine-thousand ($9,000) dollars based upon representations made by Defendant Robert Mylnek that additional funds were needed from his `partner' Javier Almanza, Plaintiff for the businesses. 12. In spite of Plaintiff Javier Almanza's efforts to get Defendant Robert Mylnek to complete the transaction by preparing and filing the proper documents to reflect their agreement and his `partnership' status, Defendant Robert Mylnek failed and/or refused to do so and his failure and/or refusal has continued through the filing of this complaint. 13. Plaintiff Javier Almanza and Defendants' oral contract was not reduced to writing due to the inaction and/or fraudulent actions of Defendants in inducing Plaintiffs to pay money to them for partnership in Defendant businesses. 14. The Defendants individually and collectively breached the oral contract with Plaintiff and the direct and proximate result of Defendant's breach of the contract with Plaintiff is that Plaintiffs incurred costs to borrow money to `purchase a fifty (50%) percent partnership interest' in Defendants' businesses. 15. The Defendants through Robert Mylnek requested an additional five-thousand ($5,000.00) from Plaintiffs as Javier was a `partner' which Plaintiffs paid. CAUSES OF ACTION COUNT 1: BREACH OF CONTRACT 16. The averments contained in paragraphs 1-15 are incorporated by reference herein as if set forth in full. 17. Plaintiff and Defendants entered into an oral contract in which Plaintiff Javier Almanza was purchasing a fifty (50%) partnership interest in the Defendant businesses. 18. Pursuant to the oral contract, Defendant Robert Mylnek was to prepare all proper documents evidencing the Plaintiff's newly purchased 50% interest in these businesses. 19. Defendant breached such contract by failing to perform or being unable to complete it 20. As a direct and proximate result of Defendants' breach, Plaintiff has incurred significant expense to pay for the `partnership interest' that was to be conveyed by Defendants under their oral contract. 21. On or about April 2007, Plaintiff Javier Almanza began working in the Defendants' business office at 5010 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania to fulfill his role as `partner.' 22. The oral agreement between Plaintiff Javier Almanza and Defendants included Defendants' agreement to pay Plaintiffs' mortgage monthly, pay Plaintiff Javier Almanza a regular salary and return Plaintiffs' investment in the businesses after Plaintiff paid for his `partnership' interest in the businesses. 23. Defendants have failed to pay Plaintiffs' mortgage monthly, failed to pay Plaintiff Javier Almanza a regular salary and have failed to return Plaintiffs' investment in the businesses. 24. As a direct and proximate result of Defendants' breach, Plaintiff has had to take measures to correct and remedy such errors, omissions and deficiencies has sustained damages totaling in excess of $63,00000. WHEREFORE, Plaintiffs Javier Almanza and Linda Almanza pray this Honorable Court award them damages of $63,000.00 for breach of contract and other remedies that this Honorable Court deems appropriate. COUNT TWO: FRAUD AND MISREPRESENTATION 25. The averments contained in paragraphs 1 - 24 are incorporated by reference herein as though set forth in full. 26. The oral contract contains Defendants' promises to the Plaintiff that he/they would complete all proper documents to evidence Plaintiff Javier Almanza's purchase of a fifty-percent (50%) share of the Defendants' businesses. 27. The Defendant Robert Mylnek represented himself to Plaintiff Javier Almanza as a person who possessed all the normal and reasonable skills, diligence and knowledge of his mortgage, financial and educational businesses, including but not limited to statements he made such as, "I've been in this business a long time and I know what I am doing." 28. The Defendant Robert Mylnek promised Plaintiff Javier Almanza that he would complete all appropriate documents after receiving payment for his `partnership' investment in Defendant businesses. 29. The Defendant failed or refused to complete the appropriate documents, pay Plaintiff s mortgage monthly, return Plaintiff's investment or pay Plaintiff Javier Almanza a salary from April 2007 to prior to the filing of this complaint. 30. The Defendant's statements and representations averred in Paragraph 27 were false. 31. The Plaintiffs relied on such representations, and such reliance was reasonable. 32. Based upon Defendants' misrepresentations, Plaintiff Javier Almanza was induced to enter into and/or continue a contractual relationship with Defendants for partnership in the Defendant businesses. 33. As a direct and proximate result of Defendant's fraud and misrepresentation of his knowledge and skill as a educational, financial, and mortgage expert, Plaintiffs sustained damages of approximately $63,000.00. 34. After receiving Plaintiffs money to purchase the 50% share, Defendant Robert Mylnek continued to represent to the public that he was the sole owner of these businesses and continuously failed to mention the partner status of Plaintiff Javier Almanza. WHEREFORE, Plaintiffs requests this Honorable Court to award $63,000.00 in damages for Fraud and Misrepresentation and any other remedies that this Honorable Court deems 'appropriate. !WHEREFORE, Plaintiffs further prays that this Honorable Court award them counsel fees of $5,000.00. COUNT THREE: VIOLATION OF THE CONSUMER PROTECTION LAW 35. Plaintiff's averments in paragraphs 1 - 34 are incorporated herein as though set forth in full. 36. Defendant Robert Mylnek represented to Plaintiff Javier Almanza that, in exchange for payjment of $50,000.00, Defendant would give Plaintiff a fifty (50%) interest in Defendant businesses with him. 37. Defendant Robert Mylnek received the required monies from Plaintiffs but failed to provide Plaintiff Javier Riviera with the agreed upon 50% interest in the businesses. 38. After receiving Plaintiffs money to purchase the 50% share, Defendant Robert II Mylne? continued to represent to the public that he was the sole owner of these businesses and failed ?o mention the partner status of Plaintiff Javier Almanza. III?? 39. Pennsylvania's Unfair Trade Practices and Consumer Protection Law (CPL) provides for a cause of action when person, including a corporation, engages in any other conduct which creates a likelihood of confusion or of misunderstanding " 73 P.S. Sec. 20 -2(4)(xvii) WHEREFORE, Plaintiff prays This Honorable Court award treble damages pursuant to the Pe svlvania Unfair Trade Practices and Consumer Protection Law. 73 P.S. Sec. 201-9.2(a). Res ly bmitted, Doreena L. Sloan, Esquire PA Supreme Court ID #44880 1849State Street Harrisburg, PA 17103 (717) 232-0577 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in this COMPLAINT FOR BREACH OF CONTRACT, FRAUD, AND VIOLATION OF THE CONSUMER PROTECTION AT are true an4 correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: o d a Linda Almanza Plaintiff VERIFICATION hereby verify that the statements made in this COMPLAINT FOR BREACH OF , FRAUD, AND VIOLATION OF THE CONSUMER PROTECTION AT are true an4 correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, to unsworn falsification to authorities. Date: 0 =?-?•a? Almanza Plainh lk if (N 2 r.l m r? CS? 0 A r . y n Cr? ?? Cry ?? ???Zr? ?S. °Irc; ??rcC? Snk vt?kAyx 1 ne Ic i a'(Kk'p Vt'M rte b (I A In the Court of Common Pleas of Cumberland County, Pennsylvania No. civil. 17$ Zv0 ?er?- ? Intk +?/b?? W h,Vtr f---'?\- . C cx_?? 61\ ?\k To A vc, Prothonotary ? Z.tsa J ?/tT?q L- S (UaY? Attorney for Plaintiff Tom-a vs. PRAEC IPE Filed 19 A. Pt b / -c i?- .S s-7 Z? r -Yj ? 9t:J 8-W SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06336 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALMANZA JAVIER ET AL VS SAFE HARBOR MORTGAGES INC ET A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MYLNEK ROBERT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT the within named DEFENDANT MYLNEK ROBERT NOT FOUND , as to 170 SI RODE LANE YORK HAVEN PA OR: 624 N. FRONT ST WORMLEYSBURG, PA 17043 DEFENDANT MOVED FROM WORMLEYSBURG ADDRESS, MS. SLOAN DID NOT FORWARD ADDL COSTS TO DEPUTIZE YORK COUNTY PRIOR TO EXPIRATION. Sheriff's Costs: So answers • _ Docketing 18.00 Service 15.30 G=. NOT FOUND RETURN 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 48.30 DOREENA SLOAN 02/10/2009 Sworn and Subscribed to before me this day of A. D. ? -T PC LIJ i _ L&J .. LY L; LA- C L f'l .. .J Cy ?? t JAVIER AI MANZA and LINDAALMANZA Plaintiffs V. SAFE HA OR MORTGAGES, : INC, SAFE HAVEN FINANCIAL : CONSULT NG, INC., ROBERT : MYLNEK, individually and ROBERT YLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and OBERT MYLNEK d/b/a SAF HAVEN FINANCIAL CONSULT NG, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-6336 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE TO THE P40THONOTARY: Plea?e reinstate the attached Complaint. Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 (717) 232-0577 Attorney for Plaintiffs 0 ?.1FILE OF T' 'r a A 1 rrry 2009" 2Uf`€ ii 1 , 4 lo. oc P n A rrY Gw o ! oa-7 Z to , C ? x 00 Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkosh(ddcdlaw.net JAVIER ALMANZA and LINDA ALMANZA Plaintiffs V. SAFE HARBOR MORTGAGES, INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants IN THE COURT OF COMMON I CUMBERLAND COUNTY, PEN No: 08-6336 Civil Term CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE i TO THE PROTHONOTARY: Robert Mlynek VANIA Please kindly enter my appearance in the above captioned matter on behalf of Robert Mlynek, only. Date: Cc 11t C)?4'- Attornev for Deft t .. JAVIER ALMANZA and LINDA ALMANZA Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 08-6336 Civil Term CIVIL ACTION - LAW SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of was hereby served by depositing the same within the custody of the Postal Service, First Class, postage prepaid, addressed as follows: Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 RespectfujjySubmitted, Date: nited States Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Ort Mlynek FILED- 01. FiCF OF THE F^CT ,,? ?n ?AFY 2009 31ar-1 12 PM 3.38 PE N -TVA; Sheriffs Office of Cumberland County R Thomas Kline qtr of +cutnbrrl Edward L Schorpp Sheriff Solicitor Ronny R Anderson `* ? Jody S Smith Chief Deputy QFflCE OF T HZ sKsRIFF Civil Process Sergeant Javier Almanza Case Number vs. 2008-6336 Safe Harbor Mortgages, Inc. SHERIFF'S RETURN OF SERVICE 05/20/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Robert Mylnek, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 05/26/2009 02:36 PM - York County Return: And now May 26, 2009 at 1436 hour I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Complaint and Notice, upon the within named defendant, to wit: Safe Harbor Mortgages, Inc. by making known unto himself personally, defendant at 170 SI Rode Lane York Haven, PA 17370 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 17, 2009 SO ANSWERS, ?r R THOMA KLINE, SHERIFF o O T COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL. (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ JAVIER ALMANZA & LINDA ALMANZA 3 DEFENDANTS/ SAFE HARBOR MORTGAGES INC., SAFE HAVEN FINANCIAL 2 GvuK I numocn 2008-6336 4 TYPE OF WRIT OR COMPLAINT NOTICE, C ICA Y'WPT,ATNT AND NOTICE CONSULTING INC. & ROBERT MYLNEK SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD y 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 170 SI RODE LANE YORK HAVEN PA 17370 7. INDICATE SERVICE U PERSONAL M PERSON IN CHARGE U DEPUTIZE U CERT MAIL U 1ST CLASS MAIL U POSTED J OTHER NOW MAY 20 , 2092_. I, SHERIFFWW*WUNTY, PA, do hereby deputize the sheriff of YORK COUNTY to execute this return ther -a rding -------------- to law. This deputization being made at the request and risk of the plaintiff. , SHERIFF - ------------------ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO CUMBERLAND ADV FEE PAID ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff hsrain fnr anv toss. destruction. or removal of any property before sheriffs sale thereof. DATE LED 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE Oo cz>r ro. 1. Sao ? gy ? s k s? N 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (T CUMBERLAND COUNTY SHERIFFS OFFICE 13. 1 acknowledge receipt of the writ or complaint as indicated above 16. HOW SERVED PERSO i 17 . U I hereby n r" rn a E AN ED f 1 21 PTS E Da Time M 22. REMARKS 10. TELEPHONE NUMBE15-20-'0'9 -- f p, k -) (O 3 a3 a ps 7 "? a must be completed a notice is to be mailed) HE SHERFF - DO NOT WRITE BELOW THIS LM 14 DATE RECEIVED 15 Expiration/Hearing Date MJ MCGILL YCSO 5-21-2009 6-19-09 RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW because I am unable to locate the individual, company, etc named above (See remarks below.) EDJ1l.?T ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service Time r m o vi ice, -, Y4, Jr 1c 5 Date Time Miles Int Date Time Miles Int Dale Time Miles s Int. Date Time Miles Int Date Time Miles Int. 23 Advance Costs 24 Service Costs 25 N/F 26 Mileage 27. Postage 28 Sub TOUT 29. Pound 30 No 31 Surchg. 32 Tot. Costs 33 Costs Due or elund Check n o /, r 00 ' ©C1 1 , 6,5 $100 fi V C J? nd R f D . 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mleage/Postage/Not Found 39 Total Costs I u ue or e 40 Costs SO ANSWERS 11th 41. AFFIRMED and subscribed to bef re me this 44. Signature of tr J 45. D r `09 42 day of Dep. Sheriff 7 DATE -- -- - 46. Signature of Y ??/ G Z` L ?, ?; U6LIC County Sheriff RICHARD P. KEUERLEBER, SHER FF 6-11-09 49 DATE Tj 2009 j"j MY;. 48 Signature of Foreign County Sheriff __ 50 1 ACK VNLDGE RECEIPT OF THE SHERIFF'S RETURN SI GNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3 CANARY - S heriffs Office 4. BLUE - ShenRs Office JAVIER ALMANZA and LINDA ALMANZA Plaintiffs V. SAFE HARBOR MORTGAGES, : INC, SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN FINANCIAL : CONSULTING, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-6336 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY OR TO 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 JUDGMEMNT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 A 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 JAVIER ALMANZA IN THE COURT OF COMMON PLEAS and LINDA ALMANZA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.: 08-6336 Civil Term SAFE HARBOR MORTGAGES, : CIVIL ACTION - LAW INC, SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK D/b/a SAFE HAVEN FINANCIAL : CONSULTING, INC. Defendants JURY TRIAL DEMANDED A: Safe Harbor Mortgages, Inc., Safe Haven Financial Consulting, Inc., Robert Mylnek, individually and Robert Mylnek d/b/a Safe Harbor Mortgages, Inc., and Robert Mylnek d/b/a Safe Haven Financial Consulting, Inc. (Defendido(s)) FECHA DEL AVISO: July 7, 2009 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OB. JECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BA.JO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 FILE"U OF Tf-`` "?'f 2609 JUl' -7 Pr,1 : 212 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook cc;dcdlaw.net Attorney for Defendants JAVIER ALMANZA and IN THE COURT OF COMMON PLEAS LINDA ALMANZA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: 08-6336 Civil Term V. SAFE HARBOR MORTGAGES, INC., SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants CIVIL ACTION - LAW NOTICE TO PLEAD To: Javier Almanza and Linda Almanza c/o Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully /Submitted, Date: -7 -/y-D 9 ?,-"?,? 4&A - Bryan W. Shook, squire I. D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendants Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookrdcdlaw.net Attorney for Defendants JAVIER ALMANZA and IN THE COURT OF COMMON PLEAS LINDA ALMANZA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No: 08-6336 Civil Term CIVIL ACTION - LAW SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants DEFENDANT'S, PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants, Safe Harbor Mortgages, Inc., Safe Haven Financial Consulting, Inc., Robert Mlynek, individually and Robert Mlynek d/b/a Safe Harbor Mortgages, Inc., and Robert Mlynek d/b/a Safe Haven Financial Consulting, Inc., by and through its attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, and hereby files Preliminary Objections to the Plaintiffs' Complaint, and aver as follows: 1. On or about October 27, 2008, a Complaint was filed in the above captioned case alleging, three causes of action, Count I - Breach of Contract, Count II - Fraud and Misrepresentation, and Count I I I -Violation of the Consumer Protection Law. 2. On or about May 20, 2009, a Praecipe to Reinstate the aforementioned Complaint was filed with the Prothonotary. 3. On or about May 26, 2009, the above referenced Complaint was served upon the Defendants by the Sheriff of York County. 4. Defendants now file the instant Preliminary Objections to Plaintiffs' Complaint pursuant to Pa. R.C.P. 1028. PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(3) 5. Paragraphs 1 through 4 are incorporated herein by reference and as though fully set forth below. 6. Pa. R.C.P. 1028(a)(3) allows a party to preliminary object for insufficient specificity in a pleading. 7. Plaintiff has failed to specifically specify the amount of damages. 8. Plaintiff has failed to specifically specify how the damages they allege have been calculated. WHEREFORE, for all the reasons set forth above, Defendants respectfully request that this Honorable Court sustain Defendants' Preliminary Objections, and dismiss Plaintiffs' Complaint for insufficient specificity pursuant to Pa. R.C.P. 1028(a)(3). PRELI PURSUANT TI 9. Paragraphs 1 through 8 are incorporated herein by reference and as though fully set forth below. 10. Pa. R.C.P. 1028(a)(4) allows a party to preliminarily object to a pleading for legal insufficiency. 11. Count I I I of Plaintiffs' Complaint alleges a violation of the consumer protection law. 73 P.S. § 201-1 et seq. 12. Count I I I of Plaintiffs' Complaint is legally insufficient. 13. The Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-9.2(a) provides for the right of individuals to bring a private action when a "person... purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal...." 14. Plaintiffs, throughout their Complaint allege that they invested with Defendants as part of a business relationship. 15. The Pennsylvania Unfair Trade Practices and Consumer Protection Law is inapplicable to the case at bar. WHEREFORE, for all the reasons set forth above, Defendants respectfully request that this Honorable Court sustain Defendants' Preliminary Objection in the form of a demurrer, and strike Count I I I Plaintiffs' Complaint for legal insufficient pursuant to Pa. R.C.P. 1028(a)(4). PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(8) 16. Paragraphs 1 through 15 are incorporated herein by reference and as though fully set forth below. 17. Pa. R.C.P. 1028(a)(8) allows a party to preliminary object to a pleading if there is a full, complete and adequate non-statutory remedy at law. 18. Plaintiffs have, throughout their Complaint, averred allegations that Defendants have failed to transfer stock to Plaintiffs as per agreement of the parties. 19. Plaintiffs demand that this Honorable Court award them $63,000.00 in damages against Defendants. 20. Plaintiffs have failed to demand specific performance for the issuance of the stock. 21. In the alternative, Plaintiffs have failed to request that this Honorable Court issue a Writ of Mandamus against the Defendants to force the Defendants to transfer the shares of stock that Plaintiffs allege that they are entitled to. 22. As Plaintiffs have alleged that they should be stockholders in Defendant corporations, Safe Harbor Mortgages, Inc. and Safe Haven Financial Consulting, Inc., Plaintiff's remedy, at law of specific performance or the issuance of a Writ of Mandamus, would be adequate. WHEREFORE, for all the reasons set forth above, Defendants respectfully request that this Honorable Court sustain Defendants' Preliminary Objections, and dismiss Plaintiffs' Complaint with prejudice. Respectfully Submitt d y Date:-7- 0-0 Bryan . Shook, Esquire ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendants JAVIER ALMANZA and LINDA ALMANZA Plaintiffs V. SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 08-6336 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Preliminary Objections, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Javier Almanza and Linda Almanza c/o Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 Date: -7 -"-/-Oq Respectfully Submitted, Bryan . Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendants VERIFICATION I, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification t,,a ities. Date: ? ??o l v obert Mlynek VERIFICATION I, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification tpu_horities. Date: '-- -1 Ll? afe Harbor Mortes, Inc. By: Title:_ Q•.?-5 VERIFICATION I, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Safe Ien Fina al Consulting, Inc. BY: M-Lqor-K Title: pxll? I # -iC j i ;a C ?t "r .. E u f-y JAVIER ALMANZA and LINDA ALMANZA V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-6336 CIVIL TERM SAFE HARBOR MORTGAGES, : INC, SAFE HAVEN FINANCIAL : CONSULTING, INC, ROBERT : MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN FINANCIAL : CONSULTING, INC. JURY TRIAL DEMANDED NOTICE OF INTENT TO PROCEED TO THE JUDGES OF THIS HONORABLE COURT: Plaintiffs intend to proceed with this litigation. ? ?.,? ion rn -?-, rte- CD ? Respectfully submitted, Doreena L. Sloan, Esquire PA Supreme Court ID# 44880 P.O. Box 3401 Harrisburg, PA 17105 (717) 232-0577 (717) 232-3991 (fax) Date: October 13, 2011 r= A:ED-Ot FICr OF THE PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA 2p 14 OCT 2 9 PM :4 : 2 S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY PENNSYLVANIA JAVIER ALMANZA and LINDA ALMANZA Plaintiffs v. SAFE HARBOR MORTGAGES, INC., SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants • NO.: 2008-6336 CIVIL ACTION — AT LAW • • • . • • • . PETITION TO STOP. PURGE AND/OR REOPEN MATTER AND NOW, comes, Plaintiffs, by and through the undersigned counsel who Petitions this Honorable Court to Stop the Purge of this Matter and/or Reopen Matter if it has been purged at the time of filing this petition, and in support thereof, submits the following: 1. The undersigned counsel personally appeared in the Office of the Prothonotary during the late morning of October 29, 2014 with a Statement of Intent to Proceed on this matter dated October 28, 2014. 2. The Prothonotary's Office advised that they would not accept the filing and that the purge had not been done on this matter yet. 3. The matter has not been administratively terminated. 4. The Plaintiffs are prepared to proceed expeditiously with this matter. 5. Neither party will be prejudiced by stopping the purge or reopening the matter if it has been purged prior to a ruling on this Petition. 6. The undersigned counsel had previously prepared a Statement of Intent to Proceed and, upon realizing that I had not received a receipted copy, timely prepared another for filing. 7. Rule 230.2 of the Pennsylvania Rules of Civil Procedure Regarding Termination of Inactive Cases was suspended on April 23, 2014 and has not been reinstated. 8. While Pa.R.J.A. 1901, Miscellaneous Administrative Provisions, was not affected by the suspension of Rule 230.2, it does require that the parties be given an opportunity for hearing on the proposed matter and notice. (1901(c)). 9. The mailed Notice of Proposed Termination does not include an opportunity for hearing on the proposed matter. 10. Pa.R.J.A 1901(c)(2) provides for reinstatement of a terminated matter upon written application for good cause shown. 11. Good cause has been shown to reinstate this matter. WHEREFORE, this Honorable Court is moved to stop the purposed purge of this matter and/or in the alternative, if the purge has occurred to reopen the case. R v . ip. ubmitted, Esquire PA De eena L. Sloan, Esquire PA Sup. Court ID #44880 P.O. Box 3401 Harrisburg, PA 17105 (717) 232-0577 (717) 232-3991 (fax) Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have deposited the foregoing document in the United States mail first class, postage prepaid to the following: Bryan W. Shook, Esquire 2132 Market Street Camp Hill, PA 17011 (d $4. Doreena L. Sloan, Es • uire P.O. Box 3401 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAVIER ALMANZA and LINDA ALMANZA Plaintiffs v. SAFE HARBOR MORTGAGES, INC., : SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN • FINANCIAL CONSULTING, INC. Defendants NO.: 2008-6336 CIVIL ACTION — AT LAW STATEMENT OF INTENT TO PROCEED TO THE PROTHONOTARY: Please be advised that the Plaintiffs intend to proceed with this matter. y submitted, 7/ Doreena L. Sloan, Esquire P.O. Box 3401 Harrisburg, PA 17105 (717) 232-0577 (717) 232-3991(fax) iYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2008-06336 ALMANZA JAVIER ET AL (vs) Reference No..: Case Type • CONTRACT Judgment Judge Assigned: Disposed Desc.: Case Comments - OTHER .00 SAFE HARBOR MORTGAGES INC ET A Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 10/27/2008 1:16 0/00/0000 0/00/0000 ******************************************************************************** General Index ALMANZA JAVIER 1424 NAUDAIN STREET HARRISBURG PA 17104 ALMANZA LINDA 1424 NAUDAIN STREET HARRISBURG PA 17104 SAFE HARBOR MORTGAGES INC 624 NORTH FRONT STREET WORMLEYSBURG PA 17043 5010 RITTER ROAD SAFE HAVEN FINANCIAL CONSULTING INC 624 NORTH FRONT STREET WORMLEYSBURG PA 17043 5010 RITTER ROAD MYLNEK ROBERT 170 SI RODE LANE YORK HAVEN YORK CO PA 17370 PLAINTIFF PLAINTIFF DEFENDANT DEFENDANT DEFENDANT Attorney Info SLOAN DOREENA L SLOAN DOREENA L SHOOK BRYAN W SHOOK BRYAN W SHOOK BRYAN W ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY 10/27/2008 COMPLAINT - CIVIL ACTION FILED BY DOREENA L SLOAN ESQ FOR PLFFS 1/08/2009 PRAECIPE TO REINSTATE COMPLAINT - Y DOREENA L SLOAN ATTY FOR PLFF 2/10/2009 SHERIFF'S FILE RETURNED FILED. Case Type: NOTICE Ret Type.: Not Found Litigant.: MYLNEK ROBERT Address..: 170 SI RODE LANE YORK HAVEN PA OR: 624 N. FRONT ST Cty/St/Zp: WORMLEYSBURG, PA 17043 Costs • $48.30 Pd By: DOREENA SLOAN 02/10/2009 Service Attempts: 1st: 0/00/0000 2nd: 0/00/0000 DEFENDANT MOVED FROM WORMLEYSBURG ADDRESS, MS. SLOAN DID NOT FORWARD ADDL COSTS TO DEPUTIZE YORK COUNTY PRIOR TO EXPIRATION. Addl Info Sent: COMPLAINT 5/20/2009 6/12/2009 6/19/2009 7/07/2009 7/15/2009 10/13/2011 PRAECIPE TO REINSTATE COMPLAINT - BY DOREENA L SLOAN ATTY FOR PLFF PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT ROBERT MLYNEK - BY MICHAEL PYKOSH ESQ SHERIFF'S RETURN - COMPLAINT AND NOTICE UPON DEFT - UNABLE TO LOCATE YORK COUNTY RETURN - COMPLAINT AND NOTICE UPON DEFT AT 170 SI RODE LANE YORK HAVEN 17370 SHERIFF'S COST $37.44 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) DEFENDANT'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY BRYAN W SHOOK ATTY FOR DEFTS NOTICE OF INTENT TO PROCEED - BY DOREENA L SLOAN ATTY FOR PLFFS PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2008-06336 ALMANZA JAVIER ET AL Reference No..: Case Type • CONTRACT - OTHER Judgment Judge Assigned: Disposed Desc.: Case Comments 10/29/2014 PETITION ATTY FOR (vs) SAFE HARBOR MORTGAGES INC ET A Filed Time • .00 Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: TO STOP PURGE AND/OR REOPEN MATTER - BY DOREENA L SLOAN PLFFS 10/27/2008 1:16 0/00/0000 0/00/0000 LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * ******************************** ******** ****** ******************************* COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE REINSTATE COMPL REINSTATE COMPL 55.00 .50 8.00 5.00 10.00 10.00 10.00 55.00 .50 8.00 5.00 10.00 10.00 10.00 .00 .00 .00 .00 .00 .00 .00 98.50 98.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** .4 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAVIER ALMANZA and LINDA ALMANZA Plaintiffs v. SAFE HARBOR MORTGAGES, INC., : SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MYLNEK, individually and ROBERT MYLNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MYLNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants AND NOW, this 17114 day of • • : NO.: 2008-6336 CIVIL ACTION — AT LAW ORDER CD UI , 2014, upon consideration of the Petition to Stop Purge and/or Reopen Matter, and any response, it is hereby ORDERED AND DECREED that the Office of the Prothonotary is directed not to purge this matter and maintain this case in active status. FURTHER, it is hereby ORDERED AND DECREED that any order purging this matter is hereby VOIDED, the matter continues in an active status and a status conference is hereby scheduled for i / g o2D/y at /1; 30 a.m./p.m: in the chambers of the President Judge. s /*.t la "i ofze,..)L. S' l 4.44112.yt Sok BY THE COURT: J. 0 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax — (717) 975-2309 BShook a dplglaw.com THE FILED -OFFICE OF E PROTHONO TAR 2B1' NOV.-7 PM 3: 43 CUMBERLAND COUNTY PENNSYLVANIA Petitioner JAVIER ALMANZA and LINDA ALMANZA Plaintiffs • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA v. SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MLYNEK, individually and : ROBERT MLYNEK d/b/a SAFE : HARBOR MORTGAGES, INC., : and ROBERT MLYNEK d/b/a . SAFE HAVEN FINANCIAL CONSULTING, INC. • Defendants • No: 08-6336 Civil Term CIVIL ACTION — LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE PURSUANT TO PA. R.C.P. 1012 AND NOW, comes DETHLEFS PYKOSH SHOOK & MURPHY, by and through Bryan W. Shook, Esquire, present legal counsel for Defendants, Safe Harbor Mortgages, Inc., Safe Haven Financial Consulting, Inc., Robert Mylnek, individually and Robert Mylnek d/b/a Safe Harbor Mortgages, Inc., and Robert Mylnek d/b/a Safe Haven Financial Consulting, Inc., and files this Petition to Withdraw as Counsel of Record and in support thereof avers the following: 1. Your Petitioner is DETHLEFS PYKOSH SHOOK & MURPHY, by Bryan W. Shook, Esquire, 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Attorneys from Petitioner's law firm, including, but not necessarily limited to, Michael J. Pykosh and Bryan W. Shook, may have entered an appearance on behalf of Defendants in this matter. 3. Petitioner makes this Petition on behalf of all attorneys associated with Petitioner's law firm relative to this matter. 4. In June of 2009, Defendant, Robert Mlynek, contacted Petitioner seeking legal counsel for this matter concerning Plaintiffs. 5. Mr. Mlynek, has not kept up with its obligations as a client with Petitioner in this matter and consequently has Petitioner is unable to adequately represent Plaintiff. 6. Specifically, Petitioner has not had any contact with Mr. Mlynek since July 2009 and Mr. Mlynek has an aged, outstanding balance with Petitioner. 7. Petitioner's continued representation of Defendants has been rendered unreasonably difficult by virtue of its failure to fulfill its obligations as a client in this matter, and good cause exists under Rule 1.16(b)(7) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 8. Based upon all of the foregoing, Your Petitioner respectfully requests that the Honorable Court Order that the Petitioner and all attorneys associated with Petitioner is formally withdrawn as counsel for Defendants. WHEREFORE, Your Petitioner, The Dethlefs-Pykosh Law Group, LLC, respectfully requests this Honorable Court to grant leave for the entry of an Order allowing its Withdrawal from legal representation of the Defendants pursuant to Pa. R.C.P. 1012. Date: 11- 7- /9 Respectfully submitted, Dethlefs Pykosh Shook & Murphy By: BW. Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 JAVIER ALMANZA and : IN THE COURT OF COMMON PLEAS LINDA ALMANZA •CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • • No: 08-6336 Civil Term v. CIVIL ACTION - LAW SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MLYNEK, individually and : ROBERT MLYNEK d/b/a SAFE : HARBOR MORTGAGES, INC., : and ROBERT MLYNEK d/b/a • SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition to Withdraw as Counsel of Record, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Robert Mlynek Safe Harbor Mortgages, Inc. Safe Haven Financial Consulting, Inc. 170 Si Rode Lane York Haven, PA 17370 Doreena L. Sloan, Esquire 1849 State Street Harrisburg, PA 17103 Respectfully submitted, Date: 11- By: 61.,/, Bryan . Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 JAVIER ALMANZA and LINDA ALMANZA, Plaintiffs vs. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-6336 CIVIL SAFE HARBOR MORTGAGES, INC., SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE • HARBOR MORTGAGES, INC., • and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC., Defendants C) rfl C.7) IN RE: PETITION FOR LEAVE TO WITHDRAW APPEARANCE ORDER AND NOW, this /3 day of November, 2014, a rule is issued on the defendants to show cause why the relief requested in the within Petition for Leave to Withdraw Appearance ought not to be granted. This rule returnable on Tuesday, November 18, 2014, at 11:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Doreena L. Sloan, Esquire For the Plaintiffs Bryan W. Shook, Esquire For the Defendants Mlynek aopes P2-1 CEL JAVIER ALMANZA and IN THE COURT OF COMMON PLEAS OF LINDA ALMANZA, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW SAFE HARBOR MORTGAGES, : NO. 2008-6336 CIVIL TERM INC., SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MLYNEK, Individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, : INC., and ROBERT MLYNEK: d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC., Defendants IN RE: MOTION TO WITHDRAW & DEFENDANTS' PRELIMINARY OBJECTIONS TO BE LISTED FOR ARGUMENT ORDER OF COURT AND NOW, this 18th day. of November, 2014, after pretrial conference, the motion of Brian W. Shook, Esquire, to withdraw as counsel for the defendants is granted. The Prothonotary is ordered and directed to list the defendants' preliminary objections for argument on December 19, 2014, at 9:00 a.m. Doreena 1. Sloan, Esquire For the Plaintiffs /�ryan W. Shook, Esquire For the Defendants Robert Mlynek :bg t'CZ f L By the Court, JAVIER ALMANZA and : IN THE COURT OF COMMON PLEAS LINDA ALMANZA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No: 08-6336 Civil Term v. CIVIL ACTION — LAW SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MLYNEK, individually and . ROBERT MLYNEK d/b/a SAFE : HARBOR MORTGAGES, INC., : and ROBERT MLYNEK d/b/a . SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants C") - C - ▪ --r • a3rn r, 3; t_,, N) <O -o C. -."•-r' 'Z c7 PRAECIPE To The Prothonotary: Pursuant to the November 18, 2014 Order of the Honorable Judge Hess, please withdraw my appearance in the above captioned matter along with all other attorneys associated with Dethlefs Pykosh Shook & Murphy including Michael J. Pykosh, Esquire. Date: Noun... aO/y Respectfully submitted, Dethlefs Pykosh Shook & Murphy By: B !n W. Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 JAVIER ALMANZA and LINDA ALMANZA Plaintiffs v. • • SAFE HARBOR MORTGAGES, : INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT : MLYNEK, individually and . ROBERT MLYNEK d/b/a SAFE : HARBOR MORTGAGES, INC., : and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 08-6336 Civil Term CIVIL ACTION — LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Robert Mlynek Safe Harbor Mortgages, Inc. Safe Haven Financial Consulting, Inc. 170 Si Rode Lane York Haven, PA 17370 Doreena L. Sloan, Esquire Po Box 3401 Harrisburg, PA 17105 Respectfully submitted, Dethlefs Pykosh Shook & Murphy Date: Ain vcM. be& 5 ao(y By: kt, BryarN. Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAVIER ALMANZA and LINDA ALMANZA Plaintiff • CIVIL ACTION - LAW v. NO.: 2008-6336 CIVIL TERM SAFE HARBOR MORTGAGES, INC. SAFE HAVEN FINANCIAL CONSULTING, moi' a w INC., ROBERT MLYNEK, Individually and - r-' ROBERT MLYNEK d/b/a SAFE HARBOR ' • �'�� MORTGAGES, INC., and ROBERT re- c --a MLYNEK d/b/a SAFE HAVEN FINANCIAL �' �.) = CONSULTING, INC. may- `') �' Defendants x ca' PETITION TO DISMISS FOR NON PROS AND NOW, this '1 day of December, 2014, come the Defendants, by and through their attorney, Andrew H. Shaw, Esquire and files the instant Petition, and in support thereof avers as follows: 1. On or about October 27, 2008, Plaintiffs filed their Complaint in this matter. 2. On or about January 8, 2009, Plaintiffs reinstated their Complaint. 3. Defendants were served on February 12, 2009, more than thirty (30) days beyond the date Plaintiffs reinstated the Complaint. 4. On or about May 20, 2009, Plaintiffs again reinstated the Complaint. 5. On or about May 26, 2009, Defendants were served with the Complaint. 6. On or about July 15, 2009, Defendants filed Preliminary Objections to Plaintiffs' Complaint. 7. Plaintiffs took no steps forward in prosecuting the case, but then filed a Notice of Intent To Proceed on October 13, 2011. 8. Again, Plaintiffs took no steps forward in prosecuting the case, but then filed a Petition to Stop Purge And/Or Reopen Matter on October 29, 2014 after the case was scheduled to be purged. 9. On or about November 4, 2014, this Honorable Court issued an Order directing the Prothonotary not to purge the case, and also scheduled a status conference for November 18, 2014. 10. On or about November 7, 2014, Counsel for Defendants filed a Petition For Leave To Withdraw Appearance. 11. After the status conference on November 18, 2014, this Honorable Court issued an Order granting the Petition to Withdraw, and also directed the Prothonotary to list Defendant's Preliminary Objections for argument on December 19, 2014. 12. On or about November 26, 2014, counsel for Defendants withdrew their appearance for the Defendants. 13. Defendants have just retained the Law Office of Andrew H. Shaw, P.C. as their counsel. 14. With the exception of requesting the case be removed from the purge list, Plaintiffs have taken no action on this matter since reissuing their Complaint on or about May 20, 2009. 15. The last docket activity of any kind was when Defendants filed Preliminary Objections to Plaintiffs' Complaint on July 15, 2009. 2 16. More than five (5) years have passed since Plaintiff has taken any action in prosecuting this matter. 17. Said passage of time represents a lack of due diligence on the part of the Plaintiffs to proceed with reasonable promptitude. 18. Further, Plaintiffs have no compelling reason for the delay. 19. Lastly, Defendants have been prejudiced by the delay, including but not limited to the following reasons: a. Defendants have lost contact with certain witnesses; b. Defendants have lost evidence related to this matter; c. Some evidence in the possession of Defendants is in a format that Defendants are either unable to retrieve or will be costly to convert into a retrievable format. 20. Due to Plaintiffs' failure to prosecute this matter in a timely fashion, it is appropriate for this Court to dismiss this case with prejudice. 21. Defendant's Counsel has contacted Plaintiffs' counsel, and Plaintiffs' counsel does not concur in this Petition. 22. The Honorable Kevin Hess has ruled on previous issues related to this case. 3 WHEREFORE, Defendants request that this Court dismiss this case for non pros. Date: 72'f7/7Z7Z By: 4 Respectfully submitted, Andrew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendants CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Petition To Dismiss For Non Pros upon the following person by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Doreena L. Sloan, Esquire P.O. Box 3401 Harrisburg, PA 17105 Attorney for Plaintiffs Date: 7;77 /4 By: Respectfully Submitted, Andrew H. Shaw, Esquire 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAVIER ALMANZA and LINDA ALMANZA Plaintiff CIVIL ACTION - LAW v. NO.: 2008-6336 CIVIL TERM SAFE HARBOR MORTGAGES, INC. • SAFE HAVEN FINANCIAL CONSULTING�' -_,: : "C3 t t i .f ;. INC., ROBERT MLYNEK, Individually and`- ROBERT MLYNEK d/b/a SAFE HARBOR.sjt C MORTGAGES, INC., and ROBERT '`x° MLYNEK d/b/a SAFE HAVEN FINANCIAL f C •-1-3c- 'S7 ) ', —, r CONSULTING, INC. gam-_ w Defendants ' =3, cr MOTION TO REMOVE FROM ARGUMENT LIST AND NOW, this 'Tday of December, 2014, come the Defendants, by and through their attorney, Andrew H. Shaw, Esquire and files the instant Motion, and in support thereof avers as follows: 1. On or about October 27, 2008, Plaintiffs filed their Complaint in this matter. 2. On or about January 8, 2009, Plaintiffs reinstated their Complaint. 3. Defendants were served on February 12, 2009, more than thirty (30) days beyond the date Plaintiffs reinstated the Complaint. 4. On or about May 20, 2009, Plaintiffs again reinstated the Complaint. 5. On or about May 26, 2009, Defendants were served with the Complaint. 6. On or about July 15, 2009, Defendants filed Preliminary Objections to Plaintiffs' Complaint. 7. Plaintiffs took no steps forward in prosecuting the case, but then filed a Notice of Intent To Proceed on October 13, 2011. 8. Again, Plaintiffs took no steps forward in prosecuting the case, but then filed a Petition to Stop Purge And/Or Reopen Matter on October 29, 2014 after the case was scheduled to be purged. 9. On or about November 4, 2014, this Honorable Court issued an Order directing the Prothonotary not to purge the case, and also scheduled a status conference for November 18, 2014. 10. On or about November 7, 2014, Counsel for Defendants filed a Petition For Leave To Withdraw Appearance. 11. After the status conference on November 18, 2014, this Honorable Court issued an Order granting the Petition to Withdraw, and also directed the Prothonotary to list Defendant's Preliminary Objections for argument on December 19, 2014. 12. On or about November 26, 2014, counsel for Defendants withdrew their appearance for the Defendants. 13. Defendants have just retained the Law Office of Andrew H. Shaw, P.C. as their counsel. 14. Defendants' new counsel will be unable to fully prepare for argument court, and file the necessary briefs in a timely manner for argument court on December 19, 2014. 15. Consequently, Defendants will be unfairly prejudiced should they be required to proceed with argument court on December 19, 2014. 2 16. Conversely, since Plaintiffs have failed to prosecute this matter for more than five (5) years, they will not be prejudiced by this Court removing this matter from the argument list for December 19, 2014. 17. Further, simultaneously with the filing of this Motion, Defendants are filing a Petition To Dismiss For Non Pros. 18. Defendants believe it is likely that the Court will grant the Petition To Dismiss For Non Pros, thus rendering the need for argument court moot. 19. It would be judicially efficient to remove the matter from the argument list pending the outcome of the Petition To Dismiss For Non Pros. 20. Defendant's counsel has contacted Plaintiffs' counsel, and Plaintiffs' counsel does not concur in this Motion. 21. The Honorable Kevin Hess has ruled on previous issues related to this case. WHEREFORE, Defendants request that this Court issue an Order removing this matter from the argument list scheduled for December 19, pending the outcome of Defendants' Petition To Dismiss Case For Inactivity. Date: /.0"--171 By: Respectfully submitted, Andrew H. Shaw, Esquire Pa. Supreme Ct. LD. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendants CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Motion To Remove From Argument List upon the following person by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Doreena L. Sloan, Esquire P.O. Box 3401 Harrisburg, PA 17105 Attorney for Plaintiffs Date: 6 g .- ti _ 4 By: Respectfully Submitted, rew H. Shaw, Esquire 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff LAW OFFICE OF ANDREW H SHAW, P. C. By: Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 i Yi4DEC --1+ Fti D: Db 3EE�EHIIC COli i T `{ r,U P t.NNSYL\i'Ati\ Attorney for Defendants JAVIER ALMANZA and LINDA ALMANZA Plaintiff v. SAFE HARBOR MORTGAGES, INC. SAFE HAVEN FINANCIAL CONSULTING, INC., ROBERT MLYNEK, Individually and ROBERT MLYNEK d/b/a SAFE HARBOR MORTGAGES, INC., and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC. Defendants • • • • CIVIL ACTION - LAW NO.: 2008-6336 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants in the above -captioned matter. Date: / — — /"/ By: Respectfully Submitted, A "drew H. haw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendants CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Praecipe For Entry of Appearance upon the following person by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Doreena L. Sloan, Esquire P.O. Box 3401 Harrisburg, PA 17105 Attorney for Plaintiffs Date: 0 — 4.1 lit By: Respectfully Submitted, Andrew H. Shaw, Esquire 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff JAVIER ALMANZA and LINDA ALMANZA, Plaintiffs vs. : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 08-6336 CIVIL SAFE HARBOR MORTGAGES, INC., SAFE HAVEN FINANCIAL : CONSULTING, INC., ROBERT MLYNEK, individually and ROBERT MLYNEK d/b/a SAFE : HARBOR MORTGAGES, INC., : and ROBERT MLYNEK d/b/a SAFE HAVEN FINANCIAL CONSULTING, INC., Defendants Crl7 Cri ORDER AND NOW, this / 9- day of December, 2014, at the request of counsel for the parties, this case is removed from the Argument Court scheduled for December 19, 2014, and to be relisted at the request of either party. ✓ Doreena L. Sloan, Esquire For the Plaintiffs drew Shaw, Esquire For the Defendants Court Administrator :rlm l BY THE COURT, Kevi, A. Hess, P.J.