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HomeMy WebLinkAbout09-1161 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 047_ 1/1,/ CI un.( -rl. I ala(- / o4 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPIDIANT Ir /iC, ADDRESS OF APPELLANT CITY 0A OF I GI .S?r P? Pt, TE T IN THE CASE OF (PLAINTIFF) ?!' ' ! • 2U .J?? ?o, CLAIM NO. CV YEAR (V `" 0 L2 9-09 CC-001 LT YEAR t,00014 This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. VS. MAG. DIST. NO. OR NAME OF D.J. tJ -1 -.S -u Z STATE ZIP CODE Le /r; 7 T / IR HIS ATT EY OR AGENT / c b ee.l fl6lLmarj If appellant was Claimant (see PA R. C. P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. a 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 l Enter rule upon ?G?ri r ?1 i S , appellee(s), to file a complaint in this appeal Name of appemee(s) (Common Pleas No. D 9 - within twenty (20) days after service of rule or suff r entry of j ment of non pros. W%ks of appellant or his attorney or a nt RULE: To J ? a C. F flif-( , appellee(s) Name of appeUee(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 Huhu r vu UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: -,Year .2GV 9 White - Prothonotary Copy Green - Court File Copy Yellow - Appelant`s Copy Pink - Appellee Copy Gold - D. J. Copy a 7 X'4_ .4 kkd 2'w ur Signature of Prothonotary or Deputy Proth. - 76 PROOF OF SERYWCE OF NOTICE OF APPM ;AMMO A TO F COMPUW*T (This service MUST BE FILED WITHIN-TEN (10) DAYS AFTER Ming the notice of appeal. Check appiiaabie boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I temby awear or aim owd l served 0 a copy of the Notice of Appeal. Common Pleas No, upon the District austioe dear therein on (date of service) year 0 by psrsorrll service 0by t ) (ra0s ) rnaali, sender's recut attached hereto, and upon the appellee, (name on , year , ? by personal service t b (carded) (registered) mail, sender's receipt attached hereto. 0 and further that I served the Rule to File a,Complaint ac companyll flit qbp%w Notice of A?91 upon the appellee to whom the Rule was addressed on , year 0 by personal service []by (certified) (registered) mail, sender's ref attached hereto. SWOM }g.fiUB$RIBED BEFORE ME THIS DAY OF , YEAR soon" o/ r SjgnA" Gf~ h it whom affdow was mods TVs Of~ My commission expires on , Year v 4 ''` 4 U -?-r rr m " - . ?'Ti n? r.?- 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMG RLAW Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD NzCHMNzCSBURG, PA Telephone: (717 ) 761-8230 17050 HANADS TOUCH OF COLOR, INC. 1591 S. 19TH STREET HARRISBURG, PA 17104 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFZZDANT NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: , NAME and ADDRESS f iaxADS TOUCH OF COLOR, INC. ? 1591 S. 19TH STREET HARRISBURG, PA 17104 L J VS. DEFENDANT: NAME and ADDRESS rELLIS, JAM -I 204 INDIAN CREEK DRIVE =CHAMCSBURG, PA 17050 L J Docket No.: CV-0000629-08 Date Filed: 9/17/08 (Date of Judgment) 2/02/09 Judgment was entered for: (Name) ZEUS, JAM ® Judgment was entered against: (Name) HANADS TOUCH OF COLOR, INC. in the amount of $ • 0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 Amount of Judgment $ .00 Judgment Costs $ • Interest on Judgment $ .00 Attorney Fees $ : 0"0 Total $ .00 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 MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. TA 27 Date I certify that this is a true Date My commission expires first Monday of January, 2010 A0Pr ?1Fi-07 , Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUILSERLA= Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THON" A. PLACEY Address: 104 S SPORTING SILL 'RD MZCRMICSBURG, PA Telephone: (717) 761-8230 17050 RAKADS TOUCH OF COLOR, INC. 1591 S. 19TH STREET HARRISBURG, PA 17104 THIS IS TO NOTIFY YOU THAT: ent. -.-FOR-PLAINTIFF Judgm (bate of judgment) - 2/02/09-= ® Judgment was entered for: (Name) ELLIS, JAI= ® Judgment was entered against: (Name) HANAD8 TOUCH OF COLOR, INC. in the amount of $ 8,006.00 D Defendants are jointly and severally liable. D Damages will be assessed on Date & Time 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 $ 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR .MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLOEA ELECTS TOINTER THE JUpGMENT-IN THE,000RT OFCOMMON PLEAS; ALL FURTHER PROCESS MUST,' COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, . „ 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES', OR OTHERWISE COMPLIES WITH THE,JUDGMENT. h ,. Date r, fuFagi tefiai Distnq ut e I certify that this is a true an correc fie record of the proceedings containing the' judgment ` O Date ? A , Magisterial DistridJudge My commission expires first Monday of January, 2010 SEAL A013r.l1 F_(17 i NOTICE OF JUDGMENT/TRANSCRIPT _ CIVIL CASE PLAINTIFF: i-ELLIS, J NAME and ADDRESS 204 IIWIAN CREE[ DRIVE =CHANIC88URQ,, PA 17050 L J DEFENDANT: VS. NAME and ADDRESS 'R M=i; TOUCH OF "COLOR, INC. 1591 S. 19TH ST?tEET HARRISBURG, PA 17104 L J Docket No.: CV-0000629-08 Date Filed: 10/16/08 CROSS COMPLAINT 001 cc] r M N . Er O Y. "u Fee O . ? Y059ar 0 Return Receipt Fee C3 Reran He ? O (Endorsement Required) os O (EndorseI'll C3 C3 Restricted Delivery Fee Restricted - E3 (Endorsement Required) 13 (Endorsem 3 [7 p V') Total Postage & Fees $ u'1 Total Post ?. . _. d E3 co Sent To Sent 70 ------CC) O G ?! C3 Sitre I l s ° °- --°..._. - {r/ et, APENo.j S{re0 O - -° Box No. T!1 lQ? - or P. I'- or PO /Q (/ s .. .... N x R. 1.-----?.V ...------ 'e, B%5; ! , - ?? / City, State. '' 7 !; 7U J? ZJ , PROOF OF SERVICE OF NICE OF APPEAL AND RULE TO FILE (This prodpf service "T BE FILED WfTHIN TEN (10) DAYS AFTER filing the notice of apDr . , heck ept ble bwtes) COMMONWEALTH OF PENNMVANIA COUNTY OF ` ,?C1,,_ WI D ; ss AFFIDAVIT: I hereby swear or sAtrm that I served a copy of to No** of AppMM, Common Plow No. 0 C ` 114 upon tt f i r; Juayft 4ollp tied ftwein an (dabs of satvft , ywr 00 ?by personal service JEbv R ( m1e. aeOdsr'>t receipt albeded h e upon the appeMila, G..•w?C Ell ; S . On FOL. 2-.7A . year 200' d . Eby personal sw** ;ffby (certified) (registered; i :,a nder's or ipt aftchad hereto. 1 and fW1W #* t serwad #0 iprls b Flea CarnpkM panyft" above Notice of Appeal upc r l1 + i:i pl s) bo. _whcm In Rrlts vws addressed an t.?rr Yaw O by Persona C se ce (MlIlled) (re&ti W) mafi, serKlsr's receipt etisehs?An?s?o. SWORN (AFFWAI AW SA alt(' ftQEFORE ME Cathy Maims, NoWy pftjj? MWdGetowt r . My c on 600 )al*W 6 rr< D? ? or?iAartt t*a ca o q -'1= ?y 9:13 r N W C C'n My corrWnlssion expires on & 12(9 , M_ r a COMMONWEALTH OF PENNSYLVANIA COURT OF &`Ml1 & PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0q- i 1 i' l (?, j 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 Dis- trict Justice on the date and in the case merttioned below. NAME OF APPELLANT MAG. OW. NQ. OR NAME OF O.J. E864 APPEA-AFT CITY STATE ZIP CODE +1, IN Tt# i c 0I,*s CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. !net If appellant was Claimant (see PA R. C. P. J. P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) day't-.etter N N4 NOTICE of APPEAL. (This section of form to be used ONLY when was DEFENDANT (see PA R.C.P.J.P. No. 1001 M in action before District Justice. IF NOT USED, detach from copy of notion of t seW*W upon aMeitee. PRAECIPE: To Prothonotary Enter rule upon ni? , C , appellee($), to ft a complaint in this appeal Name of )'AMWs (Common Pleas No.? within twenty (20) days after service of rule or cuff entry of ju ment of non pros. T*WWaFPNWFVWaxwmy or t RULE: To ,rA,- rP app (s) tasi?. fa (1) You are notified that a rule is hereby entered upon you to file a complaint in tMs appeal within twenty(20) days after the dateof service of #ft rule lion you by personal service or by ca d'orregistered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAiN-s YOU UPON PRAECIPE. j'. k, (3) 40e role if service was by mail is the data of the mailing. r •? 3 w„ ; Vie' Year f' Lire ary or Deputy dopy White - Prothonotary Green - Coto giig Copy. Yellow - Appel$caft Copy Pink - Appelldiee4t'. Proth. - 76 Gold - D. J. Copy', x ,, a- Hamad's Touch of Color, Inc IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION -- AT LAW VS. Jamie Ellis Defendant NO. 1 4 1 OF 2409 NOTICE YOUHAVEBEENSUEDW 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 Notice have been served, by entering a written appearance personally or by attorney and filling in writing with the Court your defense 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 request by the Plaintiff. You may lose money or property or other rights important to you. YOUSHOULD TAKE THIS PAPER TO YOURATTORNEYAT ONCE IF YOUDONOT HAVEA LA WYER OR CANNOTAPFORD ONE, GO TO OR TELEPHONE THE 0MCESETAORTH BELOW TO FWD OUT WHERE YOU CANGETLEGAL HELP. Hamad's Touch of Color, Inc. : IN THE COURT OF COMMON PLEAS OF Cumberland :COUNTY CIVIL ACTION -- AT LAW Plaintiff VS. Jamie Ellis Defendant NO. 1161 OF 2409 (09 11 COMPLAINT 1. Plaintiff, Hamad's Touch of Color, Inc., is a corporation, with an address of 1591 S. 19th Street Harrisburg, PA, Dauphin County, Pennsylvania. 2. Defendant, Jaime Ellis, resides at 204 Indian Creek Drive Mechanicsburg, PA 17050, Cumberland County, Pennsylvania. 3. The defendant, Jamie Ellis is the owner of the property at 204 Indian Creek Drive Mechanicsburg, PA 17050, Cumberland County, Pennsylvania. 4. The defendant, Jamie Ellis, acting as her own general contractor, independently contacted different subcontractors to perform remodeling work on her home. 5. In May of 2008, the defendant, Jamie Ellis, spoke to Scott Appel, co-founder of the plaintiff, Hamad's Touch of Color, Inc. regarding the installation of flooring and remodeling. 6. Scott Appel, co-founder of plaintiff, Hamad's Touch of Color, Inc. informed the defendant, Jamie Ellis, that the plaintiff, Hamad's Touch of Color, Inc. was a flooring company and that we were not general contractors. 7. The plaintiff, Hamad's Touch of Color, Inc, had a discussion with the defendant, Jamie Ellis, regarding getting permits and having inspections. 8. Through the advice of the defendant's, Jamie Ellis's brother, Shaun Ellis, CPA, the defendant, Jamie Ellis, decided not to have inspections and get permits for the remodeling. 9. Work was done under the direction of the defendant, Jamie Ellis by the plaintiff, Hamad's Touch of Color, Inc., throughout June and July of 2008 at the defendant, Jamie Ellis's home. 10. The plaintiff, Hamad's Touch of Color, Inc. was working as a subcontractor to the defendant, Jamie Ellis. 11. The defendant, Jamie Ellis, became unsatisfied with the work completed by the Plaintiff, Hamad's Touch of Color, Inc, in July 2008. 12. The defendant, Jamie Ellis, abruptly removed the plaintiff, Hamad's Touch of Color, Inc. from the job and did not allow the Plaintiff, Hamad's Touch of Color, Inc. the opportunity to fix any items that the defendant, Jamie Ellis, claimed were substandard. 13. The defendant's, Jamie Elvis's, counterclaim that the work was substandard and violated the Commonwealth's mandated code is not justified nor supported given that the Plaintiff, Hamad's Touch of Color, Inc. was not complete with the work. 14. Furthermore, the, plaintiff, Hamad's Touch of Color, Inc. was not given the opportunity to correct anything that was not up to the Commonwealth's mandated code because they were abruptly removed from the job. 15. Furthermore, the plaintiff, Jamie Ellis, herself, decided not to get the proper permits and have the proper inspections. 16. The plaintiff, Hamad's Touch of Color, Inc. could have easily fixed any problems that the defendant, Jamie E11is had regarding the work of the Plaintiff, Hamad's Touch of Color, Inc., if they were given the opportunity. 17. The defendant, Jamie Ellis, paid bills from the Plaintiff, Hamad's Touch of Color, Inc. in the amount of $5,100.00 and are attached in Exhibit A. 18. The defendant, Jamie Ellis, has outstanding bills due to the Plaintiff, Hamad's Touch of Color, Inc. in the amount of $4,750.00 and are attached in Exhibit B. WHEREFORE, plaintiff demands judgment against defendant in an amount of $4,750.00 with costs and interest, which represents the amount still remaining under the original contract. Respectfully submitted: VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin ss. I, Nabeel Hamad, owner of Hamad's Touch of Color, Inc. being duly sworn according to law deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. Sworn to and subscribed before me this day of March, 2009. Notary Public My commission expires: Wc6y ouJ 2W7 a6fic MY c nty 09 ak E,j,;bit A I'Ach of Color 591 South 19th Street llarrisburg, PA 17104 Bill To JAMIE ELLIS ?` . 4 KENSINGTON SQUARE MECHANICSBURG. PA 17050 Invoice Date Invoice # 6/9/2008 5108 Ship To 0. Number Terms Rep Ship Via F.O.B. Project 6/9/2008 Quantity Item Code Description U/M Price Each Amount I Labor Remove and replace water heater. price includes water 450.00 450.00 heater and other supplies I MISC Miscellaneous contracting work in kitchen includes all 1,725.00 1,725.00 labor for this work. auik you for your business. Please remit to above address Total $2,175.00 Touch of Color 1591 South 19th Street Harrisburg, PA 17104 Bill To 1,\MIF. ELLIS 4 KENSINGTON SQUARE MECHANICSBURG. PA 17050 ,v Invoice Date Invoice # 7/4/2008 5202 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project 7/4/2008 Quantity Item Code Description U/M Price Each Amount ^ 1 Plumbing Remove and Install Hot water heater, Install drain & 800.00 800.00 supply to W/D hook up, Install drain and supply to sink, remove unused supply and drain lines. Remove & move exterior water line shut off valve insulate water supply lines in attic I Carpentry Remove previous carpentry closet and install new one. 600.00 600.00 Repair drywall from laundry plumbing install. Remove studs and prep master bath ceiling 1 Labor Remove ceramic tile and scrape concrete. Remove & 1,125.00 1,125.00 dispose of all trash. Move cabinets and appliances to garage. Clean-up construction debris from house. Clean and organize garage. Cover heat vents throughout house. Cut in pieces & remove shower enclosure. Remove master bath ceiling drywall and insulation 1 MISC Plumbing Parts - Supply & drain 400.00 400.00 PA SALES TAX 6.00% 0.00 ? ;•. ou for our business. Please remit to above address Total $2,925.00 Exhibit B Touch of Color 1591 South 19th Street Harrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice Date Invoice # 7/11/2008 5240 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/11/2008 Quantity Item Code Description U/M Price Each Amount 1 Labor General labor for week ending July 11, 2008 1,500.00 1,500.00 1 Materials Misc. materials for job 500.00 500.00 REVISED INVOICE, PLEASE DISREGARD PREVIOUS PA SALES TAX 6.00% 0.00 a ?a Thank you for your business. Please remit to above address Total s2,000.00 Touch of Color 1591 South 19th Street Harrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice Date Invoice # . 7/26/2008 5274 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/26/2008 Quantity Item Code Description U/M Price Each Amount I Labor General labor for week ending July 25, 2008 PA SALES TAX 950.00 6.00% 950.00 0.00 ZD Thank you for your business. Please remit to above address Total $950.00 T T Touch of Color 1591 South 19th Street Harrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice Date Invoice # 7/26/2008 5275 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/26/2008 Quantity Item Code Description UIM Price Each Amount I Tile Restocking Fee for Floor tile and wall tile for bathroom PA SALES TAX 400.00 6.00% 400.00 0.00 a D Thank you for your business. Please remit to above address Total $aoo.oo Touch of Color 1591 South 19th Street Harrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice Date Invoice # 7/18/2008 5265 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/18/2008 Quantity Item Code Description U/M Price Each Amount 1 Drywall General labor for week ending July 18, 2008 PA SALES TAX 1,400.00 6.00% 1,400.00 0.00 p D Thank you for your business. Please remit to above address Total $1,400.00 `=?i _.-t ??. : ??? -- . ?? ?, y. ; ?`` _ ?v, ?,,,? :.c --2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Defendant Jamie Ellis HAMAD'S TOUCH OF COLOR, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW V. NO. 09 1161 JAMIE ELLIS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Nabeel Hamad Hamad's Touch of Color, Inc. 1591 S. 19th Street Harrisburg, PA 17104 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. RHOADS SINO LLP By: o A.I acone One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Jamie Ellis Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Defendant Jamie Ellis HAMAD'S TOUCH OF COLOR, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. NO. 09 1161 JAMIE ELLIS, Defendant JURY TRIAL DEMANDED DEFENDANT, JAMIE ELLIS'S PRELIMINARY OBJECTIONS NOW COMES, Defendant, Jamie Ellis, by and through her counsel, Rhoads & Sinon, LLP, and files the within Preliminary Objections to the Complaint filed by Plaintiff, Hamad's Touch of Color, Inc., ("Plaintiff') and in support thereof, avers the following: 1. On or about March 17, 2009, Plaintiff filed a Complaint in the above-captioned matter naming Jamie Ellis as a Defendant. 2. As alleged in the Complaint, Plaintiff is a corporation maintaining an address of 1591 S. 19th Street, Harrisburg, PA. (Compl. ¶1.) 3. Plaintiff's Complaint is not signed by an attorney authorized to practice law in the Commonwealth of Pennsylvania; rather, upon information and belief, Plaintiffs Complaint is signed by the owner of Hamad's Touch of Color, Nabeel Hamad. 4. Thus, despite being a corporate entity, Plaintiff is proceeding pro se in the above- captioned matter. 5. Plaintiff's Complaint alleges that Defendant, Jamie Ellis, owes Plaintiff $4,750.00 for remodeling work performed on Plaintiff's Home. Specifically, Plaintiff alleges, "The defendant, Jamie Ellis, has outstanding bills due to the Plaintiff, Hamad's Touch of Color, Inc. in the amount of $4,750.00 and are attached in Exhibit B." (Compl. ¶18.) 6. However, the invoices attached at Exhibit B are from "Touch of Color" and not from Plaintiff, "Hamad's Touch of Color, Inc." 7. Touch of Color and Hamad's Touch of Color, Inc. are separate and distinct business entities. 8. Plaintiff s Complaint fails to allege whether an oral or written agreement existed. 9. Assuming, arguendo, that Plaintiffs claim is based upon a written agreement, Plaintiff fails to attach the written agreement to the Complaint. Preliminary Objection I Failure of Pleading to Conform to Law 10. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 11. Pennsylvania Rule of Civil Procedure 1028(a)(2), permits a party to file preliminary objections to a pleading on the basis that the pleading fails to conform to law or rule of court. Pa. R. Civ. P. 1028(a)(2). 12. Under Pennsylvania law, a corporation may not be represented in a Pennsylvania court by a person who is not licensed to practice law in the Commonwealth of Pennsylvania. Walacavage v. Excell 2000, Inc., 331 Pa. Super. 137, 480 A.2d 281 (1984). 13. Here, Plaintiff is a corporate entity and, upon information and belief, is proceeding pro se in the above-captioned matter, without being represented by an attorney licensed to practice in the Commonwealth of Pennsylvania. -2- 14. Accordingly, Plaintiff's Complaint in this Court fails to conform to law in that Plaintiff has filed same without being represented by an attorney licensed to practice in the Commonwealth of Pennsylvania. WHEREFORE, this Court should sustain Defendant's Preliminary Objection and dismiss Plaintiff's Complaint. Preliminary Objection II Demurrer 15. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 16. Pennsylvania Rule of Civil Procedure 1028(a)(4), permits a party to file preliminary objections to a pleading on the basis of legal insufficiency of a pleading (demurrer). Pa. R. Civ. P. 1028(a)(3). 17. Plaintiff's Complaint "The defendant, Jamie Ellis, has outstanding bills due to the Plaintiff, Hamad's Touch of Color, Inc. in the amount of $4,750.00 and are attached in Exhibit B." (Compl. ¶18.) 18. However, the invoices attached at Exhibit B are from the different legal entity of "Touch of Color" and not from Plaintiff, "Hamad's Touch of Color, Inc." 19. Accordingly, Plaintiff's complaint fails to plead a cause of action against Jamie Ellis, in as much as any alleged monies owed by Plaintiff would be due to Touch of Color, the entity that invoiced Jamie Ellis, and not Plaintiff, Hamad's Touch of Color, Inc. WHEREFORE, this Court should sustain Defendant's Preliminary Objection and dismiss Plaintiff's Complaint. -3- Preliminary Objection III Failure of Pleading to Conform to Law 20. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 21. Pennsylvania Rule of Civil Procedure 1028(a)(2), permits a party to file preliminary objections to a pleading on the basis that the pleading fails to conform to law or rule of court. Pa. R. Civ. P. 1028(a)(2). 22. Pursuant to Pennsylvania Rule of Civil Procedure 1019(h), "[w]hen any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." Pa. R. Civ. P. 1019(h). 23. Plaintiff's Complaint is based upon allegations of an agreement between Plaintiff and Defendant, Jamie Ellis, however, Plaintiff has failed to allege whether the agreement was oral or written. 24. Pursuant to Pennsylvania Rule of Civil Procedure 1019(i), "[w]hen any claim or defense is based upon a writing the pleader shall attach a copy of the writing, or the material part thereof ...." Pa. R. Civ. P. 1019(i). 25. Assuming, arguendo, that Plaintiff's claim is based upon a written agreement, Plaintiff fails to attach the written agreement to the Complaint. WHEREFORE, this Court should sustain Defendant's Preliminary Objection and dismiss Plaintiff's Complaint. -4- Respectfully submitted, RHOADS & SINON LLP By: 'AIA 1'1f1ft1Q4AAv--- - ry.Ian acone One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Jamie Ellis -5- CERTIFICATE OF SERVICE I hereby certify that on this L?- day of LA , 2009, a true and correct copy of the foregoing Defendant, Jamie Ellis's Preliminary Objections were served by means of United States mail, first class, postage prepaid, upon the following: Nabeel Hamad Hamad's Touch of Color, Inc. 1591 S. 19th Street Harrisburg, PA 17104 f OF THE MNO! DT 2009 APR 15 PIM 3! G6 V w Cory A. Iannacone, Esq. Attomey I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Defendant Jamie Ellis HAMAD'S TOUCH OF COLOR, INC., Plaintiff V. JAMIE ELLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09 1161 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Rhoads & Sinon, LLP and Cory A. Iannacone, Esq. as attorneys for Defendant, Jamie Ellis, in the above-captioned matter. Respectfully submitted, RHOADS & SINON LLP By: 6//"41 ory A. I acone One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Jamie Ellis If CERTIFICATE OF S I hereb E R I I C E y certify that on this 9 day of ` , Of the foregoing Praecipe for En , a true and correct copy ?' of Appearance 200 was served b first class, Postage Prepaid, u by means of United States mail, pon the following: Nabeel Hamad Hamad's Touch of Color, Inc. 1591S. 19th Street Harrisburg, PA 17104 t I" ICE OF THE ," TI ?P ' Y 2009 APR 15 PM 3: 06 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorn eys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant TO: Touch of Color 1591 S. 19th Street Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : NO. 09 1161 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 your 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 YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 742070.2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant TO: Touch of Color Flooring 1591 S. 19th Street Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09 1161 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 t6 you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 18 7420'70.2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant TO: Floor Pro USA, LLC 1591 S. 19th Street Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09 1161 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 19 742070.2 Cory A. Iannacone, Esq. Attomey I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09 1161 JURY TRIAL DEMANDED Defendant TO: SJN Realty Holdings LLC d/b/a Touch of Color Flooring 1591 S. 19th Street Harrisburg, PA 17104 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clai' set forth in the following pages, you must take action within twenty (20) days after this Complain, and Notice are served, by entering a written appearance personally or by attorney and filing in tmg 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 YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 742070.2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant TO: Hamad's Touch of Color, Inc. 1591 S. 19th Street Harrisburg, PA 17104 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : NO. 09 1161 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 742070.2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorn eys for Plaintiff`' Jamie Ellis JAMIE ELLIS, Plaintiff V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant TO: Scott D. Appel 1704 Breckenridge Drive Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09 1161 • JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 your 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 YOU 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 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 742070.2 Cory A. Iannacone, Esq. Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 (717) 232-1459 E-Mail: ciannacone@rhoads-sinon.com Attorneys for Plaintiff Jamie Ellis JAMIE ELLIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. TOUCH OF COLOR, TOUCH OF COLOR FLOORING, HAMAD'S TOUCH OF COLOR, INC., SJN REALTY HOLDINGS LLC d/b/a TOUCH OF COLOR FLOORING, FLOOR PRO USA, LLC and SCOTT D. APPEL, Defendant NO. 09 1161 JURY TRIAL DEMANDED COMPLAINT ON BEHALF OF PLAINTIFF. JAMIE ELLIS NOW COMES, Plaintiff, Jamie Ellis ("Plaintiff' or "Ms. Ellis"), by and through her counsel, Rhoads & Sinon, LLP, and files the within Complaint and in support thereof, avers the following: Introduction 1. This is an action to recover damages caused to Ms. Ellis' house along with monies wrongfully received and withheld from Ms. Ellis through fraudulent and/or deceptive conduct of the above-named Defendants. 2. As set forth in greater detail below, Defendants Touch of Color and, Scott Appel made misrepresentations to Ms. Ellis that they could perform certain construction/remodeling work on Ms. Ellis's house, specifically including, plumbing, and carpentry work, when in actuality they had no experience or expertise in performing such work. As a result lof their lack 742070.2 4 i of experience and expertise, Touch of Color and Appel damaged Ms. Ellis's house. When Ms. Ellis subsequently obtained a judgment against Touch of Color, Touch of Color had the judgment changed so that it was against one of the various other names under which it operates, specifically, "Hamad's Touch of Color, Inc.," in order to defraud Ms. Ellis of the monies she was owed. Parties 3. Ms. Ellis is an adult individual residing at 204 Indian Creek Drive, Mechanicsburg, Pennsylvania 17050. 4. Upon information and belief, Defendant Touch of Color is a Pennsylvania business with a principal place of business at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104. 5. Upon information and belief, Defendant Touch of Color Flooring is a Pennsylvania business with a principal place of business at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104. 6. Upon further information and belief, Defendant, SJN Realty Holdings LLC, is a Pennsylvania corporation with a principal place of business at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104 and does business as Touch of Color Flooring. 7. Upon information and belief, Defendant Hamad's Touch of Color, Inc. is a Pennsylvania corporation with a principal place of business at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104. 8. Upon information and belief, Defendant Floor Pro USA, LLC is a Pennsylvania corporation with a principal place of business at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104. 2 742070.2 9. Upon information and belief, Scott D. Appel is an adult individual maintaining a residence at 1704 Breckenridge Drive, Harrisburg, Pennsylvania 17112. Upon further information and belief, Defendant Appel is the president and owner of Touch of Color, Touch of Color Flooring, SJN Realty Holdings LLC, d/b/a Touch of Color Flooring, and Floor Pro USA, LLC, operating all of said businesses at 1591 S. 19th Street, Harrisburg, Pennsylvania 17104. Jurisdiction and Venue 10. Jurisdiction and venue properly lay with this Court in that this is an appeal from Magisterial District Justice Thomas A. Placey, 104 S Sporting Hill Rd., Mechanicsburg, Pennsylvania, Cumberland County, No. CV-629-08 ("District Justice Action"), and the transaction or occurrence from which this action arises occurred in this County. Factual Background 11. Ms. Ellis files the within Complaint in response to a Rule to File a Complaint issued by Defendant Hamad's Touch of Color, Inc. after a judgment in the amount of $8,006.00 (the jurisdictional limit) was entered in favor of Ms. Ellis and against Hamad's Touch of Color, Inc. in the District Justice Action. Underlying Facts 12. Ms. Ellis works at the Ellis Group LLC as a certified public accountant. She has no background or expertise of any type in the areas of home construction and/or remodeling. 13. In or about February 2008, Ms. Ellis became a first time home owner when she purchased her first house located at 4 Kensington Square, Mechanicsburg, Pennsylvania 17050 (the "house"). 14. The house required some construction/remodeling work. Because 11'vls. Ellis had no expertise or background in home construction and/or remodeling, she consulted !with various contractors for the work to be performed at the house. 3 742070.2 15. Touch of Color was one of the contractors with whom Ms. Ellis consulted. Ms. Ellis dealt directly with Defendant Appel. 16. Initially, Ms. Ellis only consulted with Appel regarding flooring at the house. However, in discussions with Ms. Ellis, Appel made representations that he and Touch of Color could perform additional construction and remodeling needs for Ms. Ellis, specifically including, but not limited to, plumbing and carpentry ("additional construction/remodeling needs"). 17. Upon information and belief, contrary to the representations mace by Appel, neither Appel nor his business, Touch of Color, had the expertise necessary to (perform Ms. Ellis's additional construction/remodeling needs. 18. Upon further information and belief, Appel made these representations to induce Ms. Ellis to hire Touch of Color to perform the additional construction/remodeling work at the house as opposed to the limited flooring work, which was what Ms. Ellis initially consulted Touch of Color and Appel for. 19. Ms. Ellis relied upon these misrepresentations and hired Touch of Color to perform the additional construction/remodeling needs at her house. 20. In or about May or June 2008, Touch of Color began the construction/remodeling work at the house. "Hector" was the employee from Touch of Color performing the services at the house. 21. Hector was incompetent, causing damage to the house-specificallyb removing a load bearing wall in the kitchen after specifically being instructed not to do so, and emptying a hot water heater onto the floor of the house. 22. As a result of Hector's incompetency, Touch of Color took Hector of, the job and replaced him with another employee named "Humberto." 4 742070.2 23. Humberto was to be supervised by another Touch of Color employee, Darron Judy, who was to oversee managing the entire construction/remodeling work at the house. 24. During the course of the construction/remodeling work on the house, Touch of Color sent invoices to Ms. Ellis. 25. All invoices were sent under the name "Touch of Color," which was the entity hired by Ms. Ellis to perform the construction/remodeling work. (Copies of the initial invoices sent to Ms. Ellis from Touch of Color are attached hereto at Exhibit "A".) 26. Ms. Ellis paid the initial invoices from when the construction/remodeling work first began. Checks were made out to both Touch of Color, the entity who sent the ?nvoices, and Appel, personally-specifically a. check no. 570 in the amount of $1,200 payable to Scott Appel for plumbing work; b. check no. 575 in the amount of $2,175 payable to Touch of Color for invoice #5108 (removal and replacement of hot water; heater and contracting work in kitchen, including removal of kitchen' wall, which should not have been removed in the first place); C. check no. 582 in the amount of $2,925 payable to Touch of Color for invoice #5202 (plumbing, carpentry, labor). (A copy of the checks sent by Ms. Ellis to both Touch of Color and Appel are attached hereto at Exhibit `B".) 27. All of the checks were cashed by either Touch of Color or Scott Appel, personally. 28. As set forth above, a total of $6,300 was paid by Ms. Ellis to Touch of Color and Appel-specifically, $1,200 to Appel, and $5,100 to Touch of Color. 29. Because of their lack of experience and expertise, Humberto and Touch of Color were unable to perform the additional construction/remodeling work which Appel and Touch of Color had previously represented to Ms. Ellis that they could do during the initial consult. 5 742070.2 30. In addition, in attempting to perform the additional construction/remodeling work that they lacked experience and expertise in, Touch of Color, through its agents and employees, caused approximately $8,486 in damages to the house, including but not limited to: a. Drywall workmanship was very poor in that it was not glued and was not installed properly. The drywall had to be torn out and replaced in the Master Bath, Kitchen, Laundry Room and Powder Room. $2,500 b. The trim work was improperly installed. The casing and j access door to the hot water heater, the trim at the pocket door, as well as the trim around the bathroom window, all had to be replaced. $800 C. The support beam in the kitchen to carry the upstairs master bedroom, master bathroom and main bathroom was under- sized and improperly installed with no bearing at one end of the beam. The beam installed consisted of two 2 X 10 nailed instead of the proper size of three 1 3/4X 14 LVL engineered by Stock Building Supply. The old beam had to be removed and replaced with a properly sized beam. $2,200 d. In removing the drywall, numerous plumbing problems were discovered, specifically including, but not limited to: i. shower valves were installed upside down in the Master Bath and had to be removed and reinstalled; ii. 1 1/2" waste to shower lines in the Master Bath had to be removed and replaced with 2" waste and trap as needed; iii. %' copper water line from the outside wall to the vanity in the Master Bath had to be removed and reinstalled through the floor to prevent freezing; iv. 1 1/2' waste to washer line in the Second Floor Laundry was never glued, and thus had to be removed, a 2" waste and washer box was installed in the wall; V. the floor in the laundry area had to be removed so that water lines to the water heater could be installed. The water lines had been installed through the attic and would have frozen in the colder weather; 6 742070.2 vi. the water heater drain had to be repiped to prevent sewer odor to safety drain in the furnace room; vii. the waste line to the Powder Room had to be repiped in that it was installed running down hill; viii. waste and water lines for vegetable sink had to be moved in order to install the ice maker water line box to the refrigerator; and ix. 3" femcoco coupling and waste line to sink was running downhill and thus, had to be removed and replaced. $2,136 e. The Master Bath Shower walls were not aligned, which was a major issue because the shower was all ceramic with glass doors. The shower walls had to be removed and rebuilt. $600 f. The Powder Room fan vent pipe and central vac lines were crushed by the incorrect support beam in the kitchen and had to be repaired and replaced. $250 TOTAL $8,486 31. Thus, although having invoiced Ms. Ellis for construction/remodeling work on the house, the work was substandard and, in actuality, damaged the house. 32. Despite having performed substandard work and caused damage to the house, Touch of Color continued to invoice Ms. Ellis for alleged work performed on the house- specifically: a. No. 5240 dated July 11, 2008 for $2,000; b. No. 5265 dated July 18, 2008 for $1,400; C. No. 5274 dated July 26, 2008 for $950; and d. No. 5275 dated July 26, 2008 for $400. (Copies of these invoices are collectively attached hereto at Exhibit "C".) 33. These invoices, like the previous invoices, all were sent under the name "Touch of Color" and requested that payment be made to "Touch of Color." 7 742070.2 34. By mid July, Ms. Ellis had come to the realization that Touch of Color and Appel lacked the experience and expertise to perform the construction and remodeling work on the house which Appel and Touch of Color had previously represented to Ms. Ellis that they could do during the initial consult. 35. Accordingly, Ms. Ellis ordered that Touch of Color and Scott Appel cease work on the house. In addition, Ms. Ellis ceased making payments to Touch of Color andj Appel. 36. By late July, Touch of Color, through its employees and/or agents, acknowledged Touch of Color's substandard performance along with Touch of Color's lack of experience and expertise in general construction/remodeling work-statements contrary to Appel's previous representations to Ms. Ellis at the initial consult that he and Touch of Color could perform these additional construction/remodeling needs. District Justice Action 37. Despite Touch of Color's inability to perform the construction/remodeling work at the house (which was the result of Appel and Touch of Color's lack of experience and expertise), the damage Touch of Color caused to the house, and Touch of Color's admission of substandard work performed at the house as a result of Touch of Color's lack of experience and expertise, Touch of Color, through Scott Appel, continued to pursue payments from Ms. Ellis. 38. Specifically, Touch of Color commenced the District Justice Action by filing a Complaint against Ms. Ellis, alleging that "Plaintiff [sic] has not paid monies owedl, to us (TOC) for work completed on her home." (A copy of the District Justice Complaint is attached hereto at Exhibit "D".) 39. Despite all of the work being performed by Touch of Color, the invoices being sent to Ms. Ellis under the name Touch of Color, and payments made by Ms. Elli to Touch of 742070.2 Color, Touch of Color Flooring is the named Plaintiff in the District Justice Complaint. (See Ex. D, District Justice Complaint.) 40. Touch of Color Flooring's Complaint was baseless and an unjust attempt to recover monies which neither Touch of Color nor Touch of Color Flooring were 41. Specifically, as explained above, Touch of Color and/or Touch of Color Flooring were attempting to recover monies from Ms. Ellis despite Touch of Color's inability to perform the construction/remodeling work at the house, the damage Touch of Color caused Ito the house, and further despite Touch of Color's admission of substandard work performed at the house as a result of Touch of Color's lack of experience and expertise. 42. In response thereto, Ms. Ellis filed a counterclaim against Touch of Color seeking to recover for the damages caused by Touch of Color to the house and the monies paid by Ms. Ellis to Touch of Color and Appel. Ms. Ellis's counterclaim sought the jurisdictional limit of $8,000, despite additional damages having been incurred. 43. After a hearing, judgment was entered in favor of Ms. Ellis on her counterclaim for the jurisdictional limit of $8,000 plus judgment costs. 44. However, at the hearing, and over Ms. Ellis's objection, Touch of (Color and/or Touch of Color Flooring had its name changed to Hamad's Touch of Color, Inc. so that the judgment would not be against Touch of Color or Touch of Color Flooring, but rather, would be against Hamad's Touch of Color, Inc.. (A copy of the judgment entered against Hamad's Touch of Color, Inc. instead of Touch of Color and/or Touch of Color Flooring is attached hereto at Exhibit "E".) 45. This name change was done despite the fact that Touch of Color wasl the name of the entity who was performing work at the house, who sent the invoices for payment to Ms. Ellis, who accepted payment from Ms. Ellis, and, most importantly, despite the fact that Touch of 742070.2 9 Color Flooring had filed the District Justice Complaint against Ms. Ellis, naming itself as the Plaintiff to the action. 46. Touch of Color and/or Touch of Color Flooring changed their name on the judgment to Hamad's Touch of Color, Inc. in an attempt to avoid paying the judgment to Ms. Ellis and to further defraud Ms. Ellis of the monies she is rightfully entitled to. Count I (Pennsylvania Unfair Trade Practices and Consumer Protection La? 9 73 Pa. C.S.A. §§201-1 et Mg.) i and Scott D. Appel 47. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 48. Ms. Ellis had initially met with Touch of Color, Scott Appel, specifically, regarding flooring work to be performed at the house. 49. However, during this initial discussion, Appel made material representations that he and Touch of Color could perform Ms. Ellis's additional construction/remodeling needs, specifically including, but not limited to, plumbing and carpentry work. 50. Contrary to the representations made by Appel, neither Appel nor Touch of Color had the expertise necessary to perform Ms. Ellis's additional construction/remodelin? needs. 51. Appel, as the President of Touch of Color, knew that neither he r or Touch of Color had the expertise necessary to perform Ms. Ellis's additional construction remodeling needs. 52. However, Appel made these misrepresentations to induce Ms. Ellis to hire Touch i of Color to perform all construction and remodeling work at the house as opposed to the limited 10 742070.2 flooring work which was the purpose of Ms. Ellis's initial consult with Touch of Color, and in turn collect additional monies from Ms. Ellis. 53. Ms. Ellis justifiably relied upon these misrepresentations and hired Touch of Color to perform all of her construction and remodeling needs at her house. 54. Touch of Color and Appel's fraudulent and/or deceptive conduct continued while Touch of Color was performing work on the house. Specifically, Touch of Color and Appel operated under various other names, including Touch of Color Flooring and Floor Pro USA, LLC, in performing work at the house. 55. Touch of Color and Appel's fraudulent and/or deceptive conduct continued after Ms. Ellis obtained a judgment against Touch of Color in the District Justice Action when Touch of Color had its name changed on the judgment to Hamad's Touch of Color, who, was never a party to the action, in order to avoid paying any monies to Ms. Ellis. 56. As a direct and proximate result of her reliance on Appel's misrepresentations along with his and Touch of Color's fraudulent and/or deceptive conduct, Ms. Ellis suffered damages as set forth in more detail in the preceding paragraphs. 57. Touch of Color and Appel's fraudulent and/or deceptive conductl, violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. §§201-1 et sec ("UTPCPL"). 58. Under the UTPCPL, Ms. Ellis is entitled to treble damages and attorneys fees. WHEREFORE, Plaintiff, Jamie Ellis, hereby demands judgment in her favor and against Touch of Color, Touch of Color Flooring, Hamad's Touch of Color, Inc., SJN Realty Holdings LLC d/b/a Touch of Color Flooring, Floor Pro USA, LLC, and Scott D. Appel, in an amount in excess of $14,786 plus interest, costs, attorneys fees, treble damages and puniti permitted by law. 11 742070.2 damages as Count II (Fraud) of Color, Touch of Color Floorine. Hamad's Touch of Coll and Scott D. Appel 59. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 60. As set forth above, Touch of Color, through Appel, knowingly made material representations that he and Touch of Color could perform Ms. Ellis's construction and remodeling needs, when in reality neither Appel nor Touch of Color had the expertise necessary to perform such services. LLC, in performing work at the house. 63. Touch of Color and Appel's fraudulent and/or deceptive conduct continued after Ms. Ellis obtained a judgment against Touch of Color in the District Justice Actio6 when Touch of Color had its name changed on the judgment to Hamad's Touch of Color, Inc. who was never 61. Ms. Ellis, a first time home buyer, justifiably relied upon these misrepresentations and hired Touch of Color to perform her construction and remodeling needs at her house. 62. Touch of Color and Appel's fraudulent and/or deceptive conduct continued while Touch of Color was performing work on the house. Specifically, Touch of Color and Appel operated under various other names, including Touch of Color Flooring and Floor Pro USA, a party to the action, in order to avoid paying any monies to Ms. Ellis. 64. As a direct and proximate result of Touch of Color and Appel' conduct, Ms. Ellis suffered damages as set forth in more detail in the preceding pars WHEREFORE, Plaintiff, Jamie Ellis, hereby demands judgment in her fav, Touch of Color, Touch of Color Flooring, Hamad's Touch of Color, Inc., SJN Re LLC d/b/a Touch of Color Flooring, Floor Pro USA, LLC, and Scott D. Appel, in 12 742070.2 s fraudulent and against .y Holdings amount in excess of $14,786 plus interest, costs, attorneys fees, treble damages and punitive damages as permitted by law. Count III (Negligence) of 91 and Scott D. Appel 65. All preceding paragraphs are hereby incorporated by reference as though fully set forth herein. 66. In performing construction/remodeling work at the house, Touch of Color or, in the alternative, Touch of Color Flooring, or SJN Holding LLC d/b/a Touch of Color Flooring, deviated from the standard of care in the relevant industry, which resulted in d?mage to the house which was never contemplated in the work to be performed by Touch of 67. Specifically, as explained above, Touch of Color or, in the alternati Color Flooring, or SJN Holding LLC d/b/a Touch of Color Flooring, caused a] $8,486 in damage to the house which had to be corrected by other contractors. WHEREFORE, Plaintiff, Jamie Ellis, hereby demands judgment in her favo Touch of Color, Touch of Color Flooring, Hamad's Touch of Color, Inc., SJN Re,- LLC d/b/a Touch of Color Flooring, Floor Pro USA, LLC, and Scott D. Appel, in excess of $8,486 plus interest, costs, and all other damages as permitted by law. Count IV (Unjust Enrichment) e Ellis v. Touch of Color, SJN Realty Holdings LLC d/b/a Touch of C and Scott D. Appel 68. All preceding paragraphs are hereby incorporated by reference as forth herein. Touch of and against ty Holdings n amount in fully set 13 742070.2 69. Touch of Color and Appel promised Ms. Ellis that they would perform construction/remodeling work at the house. 70. Ms. Ellis relied on this promise and made payments to both Touch of Color or, in the alternative, Touch of Color Flooring, or SJN Holding LLC d/b/a Touch of Color Flooring, and Appel, specifically $6,300. See Ex. B.) i 71. As outlined above, despite this promise, Touch of Color and Appel failed to properly perform construction/remodeling work at the house. 72. Touch of Color and Appel knew, or should have known, that Ms. Ellis would rely upon their promise. 73. Accepting Ms. Ellis's payments without properly performing the construction/remodeling work has unjustly enriched Touch of Color and Appel. 74. It would be unconscionable and unjust for Touch of Color and Appel to retain the benefit of Ms. Ellis's payments without adequately performing the construction/rem?deling work as promised. 75. As set forth above, Ms. Ellis has suffered damages as a result of Touch of Color and Appel accepting payments from Ms. Ellis without adequately pei construction/remodeling work as promised. WHEREFORE, Plaintiff, Jamie Ellis, hereby demands judgment in her favc Touch of Color, Inc., Touch of Color Flooring, SJN Realty Holdings LLC d/b/a Tc Flooring, and Scott D. Appel in an amount in excess of $6,300 plus interest, costs, damages as permitted by law. the and against ch of Color all other 14 742070.2 Respectfully submitted, RHOADS & S1NON LLP 'Coil A. Iannacone One South Market Square PO Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Jamie Ellis 15 742070.2 74.V70.z VERIFICATION Jamie Ellis, deposes and says, subje unworn falsification to authorities, that she facts set forth in the Complaint are true and s and belief. - lrv?, /,IQ Dat CERTIFICATE OF SERVICE I hereby certify that on this day of , 2009, a true and correct copy of the foregoing Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Touch of Color 1591 S. 19th Street Harrisburg, PA 17104 Touch of Color Flooring 1591 S. 19th Street Harrisburg, PA 17104 SJN Realty Holdings LLC d/b/a Tour 1591 S. 19th Street Harrisburg, PA 17104 Hamad's Touch of Color, Inc. 1591 S. 19th Street Harrisburg, PA 17104 Floor Pro USA, LLC 1591 S. 19th Street Harrisburg, PA 17104 Scott D. Appel 1704 Breckenridge Drive Harrisburg, PA 17112 Bryan Shook, Esq. Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 742070.2 EXHIBIT A Touch of Color 4,91 South 19th Street ciarrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG. PA 17050 0. Number Terms Quantity Item Code I Labor I MISC ?, - *1 F, Ship To A Rep Ship Via 6/9/2008 Description Remove and replace water heater. price includes water heater and other supplies Miscellaneous contracting work in kitchen includes all labor for this work. you for your business. Please remit to above address Invoice Rate Invoice # 6/4/2008 5108 F.O.B. Project ON Price ach Amount 450.00 450.00 1,725.00 1,725.00 Total $2,175.00 Touch of Color 591 South 19th Street Jarrisburg, PA 17104 Bill To JAM11=. ELLIS 4 KENSINGTON SQUARE N•11-CHANICSBURG. PA 17050 B Ship To P.O. Number Terms Rep Ship Via 7/4/2008 Quantity Item Code Description I Plumbing Remove and Install Hot water heater, Install drain & supply to W/D hook up, Install drain and supply to sink, remove unused supply and drain lines. Remove & move exterior water line shut off valve insulate water supply lines in attic I Carpentry Remove previous carpentry closet and install new one. Repair drywall from laundry plumbing install. Remove studs and prep master bath ceiling I Labor Remove ceramic tile and scrape concrete. Remove & dispose of all trash. Move cabinets and appliances to garage. Clean-up construction debris from house. Clean and organize garage. Cover heat vents throughout house. Cut in pieces & remove shower enclosure. Remove master bath ceiling drywall and insulation I MISC Plumbing Parts - Supply & drain PA SALES TAX N uu Fur )-Our business. Please remit to above address Invoice ate Invoice # 7/4/2008 5202 F.O.B. 1 !, Project U%M I Price Each ` Amount 800.00 800.00 600.00 600.00 1,125.00 1,125.00 400.001 400.00 6.00% 0.00 Total $2,925.00 1 EXHIBIT B Lnea image Page 1 of 1 NUMF ftQUT Ua L.UN IA[:I Uu Nena 6 -'s i a - -v...n....na Account Summary ' Transfers eStatements Bill Payer Services Visa Loan Applications My Profile I Messages . i N _Check Image Close Front of Check: sxeztuxtq z JAMIE L ELUS 5 7 O M INDIAN MEK MVB MK AACSOUM PA 17053 a,?re 1"t hAYY 7"F OUP fV1V F !?t tC ?[A:?'7111? '7WO i ' i .....are?wrs Back of Check: Ss r? Cj M N'T1Hd-a84 [ronaaoteo UE MIZO 3«2606 MFMeERE 1ST FEDERAL CREDIT UNION MECNANIE PURL PENNSYLVANIA +NTFRNET TFRMS OF LI?AGE I FNNACY STATEMENT I FRAUD I SEC IIRITI CENTER wal Ds://rnI online. members l st.org/OnlineBanking/AccountSummarv/( her.kTmarTA Check Image Page 1 of 1 •......-..?_ -A A EVENTS PUEIi IATIONS RE3;'Ur2C.E8 Account Summary Transfers aStatements Bill Payer Services Visa Loan Applications My Profile Messages *MW Check )Ai++fMI.-RIE 2 Wanton 575 34kII?3etNCR?pAIVE &i£CPfWCMLMG,AA 17W DAIE t a T?r11? ?. ? 1 A Sam I - Back of Check: i i O Z tr ZtLim, Z.0, , I } U JO O 0 UJ?I*O?.dDp o mat =38L £oC r -LK3 _ VI I Hd-gad _ovoOoareo CL 3: tai. e ? Eli ? y?oaa Window ?I 0,2006 MEMBERS 1'9FEPE. raNS CREDIT UNILN ME.naNlc s6uq INTERNET TER'4S Cr V..AU I CRIVACV STtTEMEt:T f TRAU'O S SEC%IRIT: CENTER " - iJ„,i r.nl;nP members 1st.orp,/OnlineBankinia/Accountfi»mma,??!rhP?UT'"""° Check Image Page 1 of 1 HOME ABOUT US VNTACT US NEWS E EVENTS PUBLJ:4TIOHS RESOURCES Account Summary . Transfers eStatements Bill Payer - Services ` Visa ' Loan Applications My Profile , Messages Check Image Close Front of Check: JAMEL .Lis; fg-L72 ?i3 58:2 1.Qt'Lw@MaM I7w. MEa4ANlC UR%PA D W p?rE-7 6 ('? Fz1'iCih . Cot I ?j WOMOF l' r s s/ "+Y( r -- lW-,01 ?? rv v cars . ?. 1 Back of Check- I Ostar._wlnd2w P2008 MEMBERS 151 FEDERAL CREDIT UNinN' ME.^.1 ANI, RUNG PENNSYLVANIA INTERNETTERMSOFU':AGE I PRIVACYbTATEMEUT I FRAUD3SECUNIT CENTER ittps://m1online.members1st.org/OnlineBanking/AccountSummgrv/( ..b-PrkTmarTP , ^'^'^^^" EXHIBIT C Touch of Color >41 South 19th Street a?arrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice D t o Invoice # 7/11 008 5240 P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/11/2008 Quantity Item Code Description Ulm Price ch Amount 1 1 Labor Materials General labor for week ending July 11, 2008 Misc. materials for job REVISED INVOICE, PLEASE DISREGARD PREVIOUS PA SALES TAX 1 1500.00 500.00 6.000/a 1,500.00 500.00 0.00 711-SK you for your business. Please remit to above address Total $2,000.00 Touch of Color 591 South 19th Street _.amsburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHAMCSBURG, PA 17050 Invoice Date Invoice # . 7/26 2008 5274 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/2612008 Quantity Item Code Description Ulm Price ach Amount 1 Labor I General labor for week ending July 25, 2008 950.00 950.00 PA SALES TAX 6.00% 0.00 1.. -you for your business. Please remit to above address . TOta 1 $950.00 4 ' Touch of Color ' 591 South 19th Street _.Arrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE MECHANICSBURG, PA 17050 Invoice D to Invoice # 7/26 2008 5275 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7126/2008 Quantity Item Code Description U/M Price E ach Amount 1 Tile Restocking Fee for Floor tile and wall We for bathroom PA SALES TAX 400.00 6.00% I I I? i 400.00 0.00 Team T., you for your business. Please remit to above address Total $400.00 < Touch of Color `591 South 19th Street _.arrisburg, PA 17104 Bill To JAMIE ELLIS 4 KENSINGTON SQUARE M ECHANICSBURG, PA 17050 Invoice Date Invoice # 7/18/2008 5265 Ship To P.O. Number Terms Rep Ship Via F.O.B. Project Due on receipt 7/18/2008 Quantity Item Code Description Ulm Price ach Amount 1 Drywall General labor for week ending July 18, 2008 PA SALES TAX 1,400.00 6.00% I I 1,400.00 0.00 1. you for your business. Please remit to above address Total $1,400.00 EXHIBIT D COMMONWEALTH OF PENNSYLVANIA rni im r'Y nz• CCMBRIJM CIVIL COMPLAINT Mag. Dist. No.; 09-3-04 MOJ Name: Non. THOKAS A. PLACEY Address: 104 S SPo$TIig BILL RD 3112CRLMICSSUW, PA 17050 Telephone: (717 ) 761-8230 AMOUNT DATE PAID FILING COSTS $ 1;:1A 1 ,.91,4/ O8' POSTAGE $ _ 71. A) o SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ 12 f .ibb O PLAINTIFF: NAME and ADDRESS /S?? Sau l L LA i'sbi J V$. DEFENDANT: ? AME and ADDRESS I -i L j,???n r' c,SbuR? l a` ?-Z o s J Docket No.: a_ 0040 W QQ Date Filed:, i rr Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing parry, TO THE DEFENDANT: The above. named. plaintiff(s) asks. judgment against you. for $ costs upon a followin c (Ivil. fines rnu t include pit tion .o the st violated): ? )'a b r-.rrL A1Ra G ,Ja verify that the.facts set forth in this co c it a best my knowledge, information, and belief. This statement is made subject to Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related t/cfis?i m' falsification to autV 5r together with ite or ordinan laint are true and penalties of CONTACT PHONE N0 : O 7 3?B-?3o b natur PlaMtlff orAutho zed Agent) Plaintiffs Attorney: Address: Telephone: /Vf IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is. within magisterial district judge jurisdiction d which you, intend to assert of the hearing, you must file it on a complaint form at this office at least ive days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the M gisterial District Court and its services, please contact the Magisterial District Court at the above addr s or telephone number. We are unable to provide transportation. AOPC 30SA-05 - • a EXHIBIT E COMMONWEALTH OF PENNSYLVANIA . ' tent mrrv nc• CflMHERL11.16t1D Mag. Dist. No.: 09-3-04 MDJ Name: Han, THOMAS A. PLAC" Address: 104 S SPORTING HILL RD MECHAMICSBURG, PA Telephone: (717 ) 761-8230 17050 Jk1Nz $LLIS 204 INDIAN CREEL DRIVE MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P'LA33MIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r-ELLIS, JAIME - 204 nWIAN CREE>I 1 RIVE MECHANICSBURG, Pt, 17050 L_ - VS. DEFENDANT: NAME and ADDRESS rIIAMADS TOUCH OF LOR, INC. 1591 S. 19TH S HARRISBURG, PA 17 04 L Docket No.: CV-000062 -08 Date Filed: 10116108 CROSS COMPLAINT 00 Ila (Date of Judgment) !02/x09 Judgment was entered for: (Name) ELLIS, JAIME Judgment was entered against: (Name) HAMADS TOUCH OF COLOR, r in the amount of $ 8,006.00- Amount of Judgr Defendants are jointly and severally liable. Judgment Costs Damages will be assessed on Date & Time Interest on Judgi Attorney Fees 0 This case dismissed without prejudice. Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ F] Portion of Judgment for physical damages arising out of residential lease $ Post Judgment C Post Judgment C $ 8,000.00 $ x.00 $ .00 $T .011 $ 8,006.00 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 JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPE L. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT J DGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHE PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGIS RIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT of COMMON PLEAS, ANYONE INTERESTED IN THE UDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT D BTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. A-i Date I certify that this is a true Date Magisterial Dis r of the pr ceedings containing the jud i Magisterial Dist My commission expires first Monday of January, 2010 SEAL AnPC: R1..5-()7 Judge nt; Judge FI LED 4-IFIR r" "" 2003 JUAN 10 PI 1j: v 7 'N-,Y Bryan W. Shook, Esquire I D # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook(a-dcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No:09-1161 JAMIE ELLIS CIVIL ACTION - LAW Defendant IN ARBITRATION PRAECIPE To The Prothonotary of Cumberland County: Please kindly enter my appearance on behalf of the Plaintiff, Hamad's Touch of Color, Inc., only in this above captioned matter. / Respectfully Submitted, ? Dated: (? ^ q? ADO o . -:?? Bryan . Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 R I1_; l ' ZOO Ji 22 Pi 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 _dcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMIE ELLIS Defendant No:09-1161 CIVIL ACTION - LAW IN ARBITRATION 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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[c-dcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMIE ELLIS Defendant No:09-1161 CIVIL ACTION - LAW IN ARBITRATION AMENDED COMPLAINT AND NOW, comes the Plaintiff, Hamad's Touch of Color, Inc., by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, and makes the within Complaint against the Defendant, Jamie Ellis, and, in support thereof, avers as follows: 1. Plaintiff, Hamad's Touch of Color, Inc., is a Pennsylvania corporation with an address of 1591 S. 19th Street, Harrisburg, Dauphin, Pennsylvania 17104. 2. Plaintiff, Hamad's Touch of Color, Inc., does business as Touch of Color. 3. Defendant, Jamie Ellis, is an adult individual who is believe to be currently residing at 204 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. At some point prior to or during May 2008, Defendant, Jamie Ellis, commenced a remodeling project upon 4 Kensington Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. Prior to May 2008, Dan Haslam, an owner of HCS Landscaping, Inc., did some landscaping work for Plaintiffs in exchange for flooring work for the owners of HCS Landscaping, Inc. 6. Upon information and belief, Plaintiff, avers that Dan Haslam is currently or was at all times material hereto, the boyfriend of Defendant, Jamie Ellis. 7. Plaintiff believes, and, therefore, avers, that Defendant, Jamie Ellis, was acting, at all times material hereto, as the general contractor for the work contracted for at 4 Kensington Square, Mechanicsburg, Cumberland County, Pennsylvania 17050. 8. Plaintiff believes, and, therefore, avers, that Defendant, Jamie Ellis, was referred to Plaintiff by Dan Haslam. 9. Plaintiff believes, and, therefore, avers, that Defendant, Jamie Ellis, first contacted Plaintiff, by calling the cellular telephone of Mr. Scott Appel co- founder/consultant of Plaintiff. 10. Defendant, Jamie Ellis, stated to Mr. Appel, that she was remodeling 4 Kensington Square and wanted new flooring. 11. After the telephone conversation of Defendant and Mr. Appel, Plaintiff sent Darren Judy, project manager, to 4 Kensington Square to measure the townhome for flooring. 12. During the time while Mr. Judy was performing the flooring measurements, Defendant spoke with Mr. Judy about other items that she wanted to do to improve 4 Kensington Square. 13.At all times, material hereto, Plaintiff, by and through, Scott Appel, informed and reminded Defendant that Plaintiff was a flooring company and not a general contractor and further was not in the business of doing remodeling work. 14. During the early stages of Defendant's project with respect to 4 Kensington Square, Plaintiffs, by and through Scott Appel had a discussion with Defendant specifically about Defendant acquiring permits for the work being performed at 4 Kensington Square. 15. Upon information and belief, Plaintiff avers that through the advice of Defendant's brother, Defendant decided not have inspections or acquire permits for the remodeling work in an effort to save time and money. COUNT I - BREACH OF CONTRACT HAMAD'S TOUCH OF COLOR, INC. v. JAMIE ELLIS 16. Plaintiff, Hamad's Touch of Color, Inc., incorporates and makes part of this Count paragraphs 1 through 15 of this Complaint as if fully set forth. 17. As a result of several conversations between Plaintiff and Defendant, an oral contract was formed initially for flooring. 18. At some point later, and at the special request of Defendant, the scope of work of Plaintiff under the contract evolved from simply flooring to flooring and various general remodeling aspects relative to Defendant's project at 4 Kensington Square. 19. Under the agreement of the parties, materials were provided to Defendant at Plaintiff's cost with little or no mark-up and labor was provided at approximately twenty dollars ($20.00) per hour. 20.At all times material hereto, all work performed by Plaintiff in June and July of 2008, was performed under the direction of and at the request of Defendant, Jamie Ellis at 4 Kensington Square. 21.At all times material hereto, Plaintiff was working as a subcontractor to the Defendant, Jamie Ellis. 22. Plaintiff promptly invoiced Defendant for all work performed under the direction and at the request of Defendant. (Copies of invoices from Plaintiff to Defendant are attached hereto, made part hereof and marked as Exhibit "A"). 23. Specifically, Defendant was issued the following Invoices: a. Invoice # 5108, dated June 9, 2008 in the amount of $2,175.00 b. Invoice # 5202, dated July 4, 2008 in the amount of $2,925.00 c. Invoice # 5240, dated July 11, 2008, in the amount of $2,000.00 d. Invoice # 5265, dated July 18, 2008, in the amount of $1,400.00 e. Invoice # 5274, dated July 26, 2008, in the amount of $950.00 f. Invoice # 5275, dated July 26, 2008, in the amount of $400.00 24. Defendant, paid invoice numbers 5108 and 5202. 25. Defendant paid invoice number 5108 and 5202 on time without objecting. 26. Defendant paid invoice number 5108 and 5202 without objecting. 27. Defendant has failed to pay invoice numbers 5240, 5265, 5274 and 5275. 28. Plaintiff has made requests for payment of invoice numbers 5240, 5265, 5274 and 5275. 29. The total outstanding amount from the invoices identified in paragraphs 27 and 28 above is $4,750.00. WHEREFORE, Plaintiff, Hamad's Touch of Color, Inc., respectfully requests that this Honorable Court enter Judgment in their favor and against Defendant, Jamie Ellis, in the amount of $4,750.00 plus costs of suit and any other relief that this honorable court deem necessary and just COUNT II - UNJUST ENRICHMENT HAMAD'S TOUCH OF COLOR. INC. v. JAMIE ELLIS 30. Plaintiff, Hamad's Touch of Color, Inc., incorporates and makes part of this Count paragraphs 1 through 29 of this Complaint as if fully set forth. 31. Plaintiff believes, and, therefore, avers, that by way of not paying invoice numbers 5240, 5265, 5274 and 5275 Defendant had realized the benefit of having work done to her property to Plaintiff's detriment. 32. The work done by Plaintiff was a benefit conveyed unto Defendant whereby Defendant realized the gain and use of Plaintiff's services without payment to Plaintiff. 33. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 34. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving the material, labor and services provided by Plaintiff and then not paying for the material, labor and services requested. 35. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the material, labor and services rendered, supplied and performed by Plaintiff for Defendant's benefit. WHEREFORE, Plaintiff, Hamad's Touch of Color, Inc., respectfully requests that this Honorable Court enter Judgment in their favor and against Defendant, Jamie Ellis, in the amount of $4,750.00 plus costs of suit and any other relief that this honorable court deem necessary and just. Dated: b -? S - ? oo 9 Respectfully Submitted Bryan . Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 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: zZ Hamad's T Mr,,, of Color, By: l? Nc.^ Title: }7rezdg-'?' HAMAD'S TOUCH OF COLOR, INC. Plaintiff V. JAMIE ELLIS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 09-1161 CIVIL ACTION - LAW IN ARBITRATION CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Corey lannacone, Esquire Rhodes & Sinon, LLP One South Market Square PO Box 1146 Harrisburg, Pennsylvania 17108-1146 Attorney for Defendant Date: 6-,)s- ? DD y Respectfully Submitted, C Bryan . Shook, Esquire I.D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff FIB. _ . - 2 DI Ln I t Sheriff s Office of Cumberland County R Thomas Kline Sher ~4,~vtr q{ ~~t~hurrfy~b A~ r'' ~f,_ QFF3~E ~F T}~~ $I~EFxIFF ~l~~-~-~ r~ {'[~{Q~ 2~~9 J~S~ 22 Q~ 3~ 1 b ., +~ t~~`+, .a t"L.t~h~~~di», Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Hamad's Touch of Color, Inc. vs. Touch of Color Case Number 2009-1161 SHERIFF'S RETURN OF SERVICE 07/16/2009 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: Touch of Color, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/16/2009 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: Touch of Color Flooring, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/16/2009 R. Thomas Kline, Sheriff who being duty sworn according to law states that he rnade a diligent search and inquiry for• the within named defendant, to wit: SJN Realty Holdings LLC dlb/a Touch of Color Flooring, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/16/2009 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: Floor Pro USA, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/16!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: Scott D. Appel, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve they within Complaint and Notice according to law. 07/20/2009 01:45 PM -Dauphin County Return: And now July 20, 2009 at 1345 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that l served a true copy of the within Joinder Complaint, upon the within named defendant, to wit: Touch of Color by making known unto Scott Appel, President at 1591 S. 19th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 07120!2009 01:44 PM -Dauphin County Return: And now July 20, 2009 at 1344 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Joinder Complaint, upon the within named defendant, to wit: Scott Appel by making known unto himself personally, defendant at 1591 S. 19th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/2012009 01:45 PM -Dauphin County Return: And now July 20, 2009 at 1345 hours 1, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Joinder Complaint, upon the within named defendant, to wit: Floor Pro. USA LLC by making known unto Scott Appel, President at 1591 S. 19th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/20!2009 01:45 PM -Dauphin County Return: And now July 20, 2009 at 1345 hours I, Jack; Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Joinder Complaint, upon the within named defendant, to wit: SJN Realty Holdings LLC d/b/a Touch of Color Flooring by making known unto Scott Appel, President at 1591 S. 19th Street Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/20/2009 01:45 PM -Dauphin County Return: And now July 20, 2009 at 1345 hours I, ,lack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Joinder Complaint, upon the within named defendant, to wit: Touch of Color Flooring by making known unto Scott Appel, President at 1591 S. 19th Street Harrisburg, PA 17104 its contents andl at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $101.00 July 22, 2009 SO ANSWERS,,,. .,, ~..,-- - --~, lw ~~ R THOMAS "-INE, SHERIFF Mary Jane Sn~der Real Estate Depu ~,•.':. ~~ William T. Tully °^-®~ Solicitor Dauphitt County Harrisburg, Pennsylvania 17101 ph:(717)780-6590 fax:(7l7)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy HAMAD'S TOUCH OF COLOR INC. VS TOUCH OF COLOR Sheriff s Return No. 2009-T-2026 OTHER COUNTY N0.2009-1161 And now: JULY 20; 2009 at 1:45:00 PM served the within JOINDER COMPLAINT upon TOUCH OF COLOR by personally handing to SCOTT APPEL 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at 1591 S 19TH STREET HBG PA 17104 PRESIDENT Sworn and subscribed to before me this 21ST day of July, 2009 So Answers, NOTAP.IAL SEAL ARY JANE 3NYDER, Notary Puh1i I-lighspire, Dauphin County M Commission Ex fires Set 3 2010 Sheriff of D in Co t P . 1 -- QJ By Deputy Sheriff Deputy: R HOPK]NS Sheriffs Costs: $137.25 7/17/2009 Mary Jane Snyder Real Estate Depu William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HAMAU'S TOUCH OF COLOR INC. VS TOUCH OF COLOR Sheriff s Return No. 2009-T-2026 OTHER COUNTY N0.2009-1161 And now: JULY 20, 2009 at 1:45:00 PM served the within JOINDER COMPLAINT upon TOUCH OF COLOR FLOORING by personally handing to SCOTT APPEL 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at 1591 S 19TH STREET HBG PA 17104 PRESIDENT Sworn and subscribed to before me this 21ST day of July, 2009 NOTARIAL SEAL ARY JANE SNYDER, Notary Puolic HiBhspire, Dauphin County M Commission Ex fires Set 1 2010 So Answers, p !' ~~ /\ i~"~ ~____ Sheriff of D u~phin C n ~~!~~ c QJ By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $1.37.25 7/17/2009 Mary Jane Sn~der Real Estate Depu ~' William T. Tully f Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania HAMAD'S TOUCH OF COLOR INC. VS County of Dauphin TOUCH OF COLOR Sheriffs Return No. 2009-T-2026 OTHER COUNTY N0.2009-• 1161 And now: JULY 20, 2009 at 1:45:00 PM served the within JOINDER COMPLAINT upon SJN REALTY HOLDINGS LLC DBA TOUCH OF COLOR FLOORING by personally handing to SCOTT APPEL 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at 1591 S 19TH STREET HARRISBURG PA 17104 PRESIDENT Sworn and subscribed to before me this 21 ST day of July, 2009 NOTARIAF,-SEAL MARY JANE SNYDER, Notary' Puhli Highspire; Dauphin County My Commission Expires Sept 1, 2010 ___._._, So Answers, p i ~\ i~%~~ Sheriff of Dauphin County, Pa. B ~ Y Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $].37.25 7/17/2009 Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisbwg, Pennsylvania 17101 ph: (717) 780-6590 fax: (7I7) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HAMAD'S TOUCH OF COLOR INC. VS TOUCH OF COLOR Sheriff s Return No. 2009-T-2026 OTHER COUNTY N0.2009-1161 And now: JULY 20, 2009 at 1:45:00 PM served the within JOINDER COMPLAINT upon FLOOR PRO USA LLC by personally handing to SCOTT APPEL 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at 1591 S 19TH STREET HARRISBURG PA 17104 PRESIDENT Sworn and subscribed to before me this 21ST day of July, 2009 NOTARIAL SEAT. ARY JANE SNYDER, Notary Public Highspi:e, Dauphin County M Commission Ex Tres Se t 1 2010 So Answers, ~~°i~~~ Sheriff of Dau in Co a.- '~.J By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $137.25 7/17/2009 Mary Jane Sn~der Real Estate Depu : , , , , w; William T. Tully t Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania HAMAD'S TOUCH OF COLOR INC. County of Dauphin VS TOUCH OF COLOR Sheriff s Return No. 2009-T-2026 OTHER COUNTY N0.2009-1161 And now: JULY 20, 2009 at 1:44:00 PM served the within JOINDER COMPLAINT upon SCOTT D APPEL by personally handing to SCOTT D APPEL 1 true attested copy of the original JOINDER COMPLAINT and making known to him/her the contents thereof at 1591 S 19TH STREET HARRISBURG PA 17104 Sworn and subscribed to before me this 21 ST day of July, 2009 ~cc/ NOTARY IAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex ices Set 1 2010 So Answers, ~~r /~'--" `- Sheriff of Dauphin County, Pa. By De' eriff Deputy: R HOPKINS Sheriffs Costs: $137.25 7/17/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Hamad's Touch of Color, Inc. vs. Touch of Color, Touch of Color Flooring, SJN Realty Holdings LLC dCb/a Touch of Color Flooring and Floor Pro USA, LLC 1591 S. 19th Street Harrisburg, PA 17104 Civil No. 2009-1161 Now, July 16, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~.r~..~,~,. Sheriff Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of ,20_ COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA 20 , at o'clock County, PA M, served the copy of the original, In The Court of Common Pleas of Cumberland County, Pennsylvania Hamad's Touch of Color, Inc. vs. Scott D. Appel 1704 Breckenridge Drive Harrisburg, PA 17112 Civil No. 2009-1161 Now, July 16, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do ]iereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and. risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock Pv1, served the within upon at by handing to a -copy of the original, and made lrnown to Sworn and subscribed before me this day of ,20_ So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA