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Home My WebLink About09-1518commaommTet OF NIA WLVANIA NOTICE OF APPEAL COURT OF COMMON N"s FRO? JUDICIAL DISTRICT DISTRICT JUSTIC E JUDGMENT COMMON PL[" Na 04 - is ($ 0 1 Yi I °i k-M .. - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comrnon Pleas an appeal from the judgm ent rendered by the District justice an flee date and in the case mentioned below PAW OF ANCLOW Duff Forsythe MAU D 0 UE NQ CORN 9-1-02 2575 Hepplewhite Drive York STATE PA 17 0 OM OF JAXMGW 2/24/09 N TM CAN OF (PWNW) Maura Donley V. Whe Gtfityf urg Cham ionship, Duff vs ors e A Cy2009-0000003 LT 20 Thb.blo& will be signed CKY when this notation is required under Pa. RjCPJP. him If appellant CLAIMANT (See Pa. R.C.P.JA No. 10066 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COM HINT within twenty (20) days after fifng hiS NO E of APPEAL. or y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RU LE TO FILE (This section of loan to be used ONLY when appellant was DEFENDANT (see Pa R.C.P.J.P. No. 100 (7) in action be#bm District Justice. F NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Maura Donley s), to file a complaint in.Nrs appeal name of uippexeasl (Common Pleas Na ?- 1518 & Vi-1 -7-erm ) within twenty (20) days after service of rule or suffer entry of judgment of non Plop SOW" 'Of ait% I go w of his MNWW or apart RULE: To Maura Donley , apPaNee(s? Nsmq pr eAwNpOs) (1) You an noliRed that a rule is hereby entered upon you to file a complaint in this appeal within (20) days after the dole of service of this rule upon you by personal service or by certified or m9istered mail (2) If you do not fie a complaint wONn this time, a AJDGMENT OF NON PROS WILL BE ENTERED AGAW YOU. (3) The date of service of this rule if service was by mail is the date of mai'ineg 4 DoW March LL. 20-k9 ' Ld I - ? /aloe or morwro y or umm AOPCat2-9o COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE C LAWT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ; as AFFIDAVIT: I hereby swear of affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) . ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelie, (name) , on , 20 0 by personal service, ?'by (oertiilsd) ()+ ; sender's receipt attached twet+o. ? and further that 1 served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed`on , 20 0 by eervioe ? by (ceNlAed) (r"IsWed) mail, serf's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20. Signature ofoMdatbe*" whom afiMavlt wee made True of official Mycommissiwwores on yq a F ` S.of a1liant ,20 7r4 °•C t ; 3 . . ..D TTItr; D r -0 Ay 0 .. ? / V W 03-11-'09 12,02 FROM-MMK, P,C, COMMONWEALTH OF PENNSYLVANIA rnI IKITV nF• CWWZRLAND MagMag. Di 3t. NpNp.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Address; 1901 STATE ST CAMP HILL, PA T,Mepnone: (717 ) 7 61- 0 5 8 3 717-854-4362 T-010 P002/002 F-678 NOTICE OF J DGMENT/TRANSCRIM CIVIL CASE PLAINTIFF: NAME and ADDRESS FDOMEY, KAUR4 1140 DIIMLIN T 17011-0000 ATTORNEY DEF PRIVATE : N C. MENGES 145 8 MARKET ST YORK, PA 17401 MECHANICSBUR , PA.17050-8335 L VS. DEFENDANT: NAME and ADDRESS 11PORSYTHE, DII F -t 2575 HEPPL ITX DR C/O PROFORMA FORSYTHE MRA LYORK, Pal 174114 4 Docket No.: CV-0 00003-09 Date Filed: 1/ 2/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgmen) 2/24/09 ® Judgment was entered for, (Name) DONLEY, MAURA ® Judgment was entered against: (Name) FORSYTHE, DUFF in the amount of $ 7, 4507 `5 Defendants are jointly and severally liable. Amount of Judgment $ 7,553.00 Judgment osts $? Damages will be assessed on Date & Time Interest on Judgment $ Attorney Fees $ 100 El This case dismissed without prejudice. Total $ 7,687.50 El Amount of Judgment Subject to Attachment/42 Pa.C.S..§ 8127 Post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of --^-^ residential lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIV ION. 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, LL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED B 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. ,tt?9j°1J' F late 111???bIStrICt.?Ui?gB: VIP I c 711 th t hi i true a?n rrect c ypf?the••r e t ce 6gs-aon i 1-i he l ata ' Cial frict'JudgL 2012 ?a, SEAL My commission expires first Monday of January, %,,, "Opt.." AOPC 315-07 DA'T'E PRINTED: 2/24/09 3:27:00 PM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proot of service MUST BE FILED IMTHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF YO PC? ; ss AFFIDAVIT I hereby swear of afFlFm that I served a• copy of the.Notice,o Appeal, Common Pleas No. Oj-- IS 1 Ci A T&&%upon the District Justice designated therein on (date of service) . M by personal se ice' by (certified) (register4d) mail, sender's r "pt a died here o, a Ad upon the appelle, (name) Nlaiu a flora sa , on 511 L. rm -, 20 ? by personal service ? by (certified) (regis ) mail, sender's receipt attached hereto. and Krthhr that I served the Rule to F'le a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 3114 , 20 ? by personal serviae"(by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS- jlrj?k DAY OF 20 Signature of afiant k;-D1 11 4kA& /? s Signature of of flat before whom affidavit was ft& Title of official My commission expires on 4C ?`°? 1 , 20 -- --__ Ai#Smm0WrjVAW ARNICiAL O ttKT FROM WSMCT J l CCM11101/ NAAf«Ma 01- 15 Is C Y1( I eirm HOME OF AMA1, ' Notice is gb+ Mat Mee has flied in the above Court of. Con+mon Pleas an t? agpeMont appeal from fhe ++snderfd by the District Juat7ce on the do =Win the 10- -to' , Duff Forsythe 09-1-02 2575 Hepplewhite Drive 2/24 York PA "a Lpm or fps"MI Maury Donley v. bur 17 ip, buff Fors LT 20 This Made will-be d::CltilY whom" a mquiow undetAL ac-JA Sjc? If appemW#, WW CLAli F7, j40e Pa P.C. 1008L PJP. ft. . This Notice of Appeal, received by the DistTid Atoke, will apm to as a 1001 f6) in aotion 4Wbm QjWtt Atice, he A&W SEAS to the judgment for po scion in this cc" PAI:E A CO PLA w ? twenty (20) days after NkV his NOTICE of APPEAL. a or PRAMMM INT R - SCE Cam"N#T secgw of fc mr: to be used t .Y when- a rt was DEFEMJIANT (see Pa. R.C.PJA No. 1001(7) In at n bato Dbr& Ad*e. U NOT USED, detWh from copy of notice of appeal to be std upon appellee). , CLUE: To Pmomo/ary E"W, nj6 Mm Maura Donley weme of ,No rerets) *0460K to file st,"Woil4tt im #6 q*" (Common Pow N. E - 1518 l:.t Vc'1 E'•rm ) Wmin tww*y (20) days afwrof j-' of non pros cr he ?UmW a.ov RYI Et To ,aura Donley ,s' ? veF'r1?L rw4Ag? ?.F?+.SSA. v (1) You are that a rule is hweby a *nW upon you to fie a oonVl *0 in Chit apped w*M n tww*y (20) days oiler the do* of wvm cf =,**rj6 by pwmW servim or by cnrtitied or gko mad. 1, '0 ,mot (g) ff you do AOt fW a within this tk*. Q AX)GA1fiW 0F.MW- 1PWS1tY1 ,1, ice' AGAW*T YOU. 1 J M - t (3) Thr *ft of urvice of A4 rule: 0 smite wm by mall is lice date of ma** n- m ? C r ' fTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAURA DONLEY NO: 09-1518 Plaintiff, vs. CIVIL ACTION - LAW THE GETTYSBURG CHAMPIONSHIP, DUFF FORSYTHE & FORSYTHE MARKETING : Defendants. PRAECIPE TO THE PROTHONOTARY: Please attach the enclosed sender's receipt to the Proof of Service of Notice of Appeal and Rule to File Complaint which was filed on March 17, 2009 for the above- captioned case. Respectfully submitted, Date: March 20, 2009 Matthew D. Menges, Esquire ID #PA208132 Menges, McLaughlin & Kalasnik P.C. 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges(a?yourlawfirmforlife.com w 0 m?Retum---'- ?Fe?e 1 1 O (REndo WlWl! PAXF GM N s. lL Total Postage & Fees $ 492A, ...a l.....^..........». orPOt3ourNa . 61ak-? M m F ll L tt Ir Postage $ Ln 0 Cwftd Fee C3 (fttum G RnW,,Wd Debmy Fee 0 (FM..reFrt ) fU Total Postage & Fees rU rl al Q N Poste a k Here N Maura Tobin Donley I.D. No. 49086 1140 Dunlin Court Pro Se Mechanicsburg, PA 17050 717-574-5918 Maura Tobin Donley, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. Paul Forsythe/Proforma Forsythe Marketing, : CIVIL ACTION -- LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 Maura Tobin Donley I.D. No. 49086 1140 Dunlin Court Pro Se Mechanicsburg, PA 17050 717-574-5918 Maura Tobin Donley, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Paul Forsythe d.b.a. Proforma Forsythe Marketing, : CIVIL ACTION - LAW Defendant COMPLAINT Maura Tobin Donley, Plaintiff, pro se, hereby files this Complaint against Mr. Paul Forsythe and avers the following: The Parties 1. Plaintiff Maura Tobin Donley ("Plaintiff') has a principal place of residence at 1140 Dunlin Court, Mechanicsburg, Pennsylvania 17050. Plaintiff provides media, public relations and corporate communication services. 2. Defendant Paul "Duff' Forsythe, d.b.a. Proforma Forsythe Marketing ("Defendant") is doing business and has a principal place of business at 2575 Hepplewhite Drive, York, Pennsylvania, 17404. Defendant provides promotional products, golf tournament planning and graphic design and print services. Factual Background 3. On or about April 15, 2008, Defendant contacted Plaintiff for the purpose of engaging Plaintiff to provide media and public relations services for Defendant in connection with Defendant's work on a golf tournament known as The Gettysburg Championship, a so-called "LPGA Duramed FUTURES Tour" event held during the week of August 18, 2008. 4. Defendant and Plaintiff met on April 22, 2008 at the Panera Bread Restaurant in Camp Hill, Pennsylvania and agreed upon the details of Plaintiff's services. 5. Defendant, according to his web site (www.forsythemkt.com) "is a specialist in golf tournament planning. He has served on hundreds of golf committees in South Central PA for several years and has gained a reputation for his golf experience and expertise. Duff can provide assistance with all aspects of your tournament from location, agenda, tournament format, food, invitations, tournament program, giveaways, pre-event promotion & more!" 6. In addition, the aforementioned web site states that Defendant provides graphic design services. 7. Defendant orally offered, and Plaintiff orally agreed to, a fee of $8,000 for her media and public relations services. Plaintiff began providing services immediately. 8. For a span of five months, Plaintiff's services included writing press releases, media advisories and newsletter stories, organizing press conferences, ongoing media relations, attending tournament meetings, developing and placing advertisements, tracking of media stories, developing promotional pieces, contacting local chambers, business organizations and colleges and universities, 2 drafting radio spots, writing talking points for events, creating media kits and attending and managing all aspects of media during tournament week. 9. Plaintiff took all of her direction for services directly from Defendant or indirectly from Defendant through Sue Forsythe, an employee of Proforma Forsythe Marketing. 10. In furtherance of the services provided, Plaintiff often worked directly with, and received approval on work from Sue Forsythe, an employee of Proforma Forsythe Marketing. 11. Plaintiff also worked with Amber Creznic, an employee of Proforma Forsythe Marketing, for all graphic design and print needs, as directed by Defendant, in providing services to Defendant. 12. Plaintiff continued providing services until August 29, 2008, one week after the tournament ended. 13. Plaintiff sent an invoice to Defendant on Saturday, August 30, 2008 for services rendered in the agreed upon amount of $8000. Plaintiff sent two follow-up notices of non-payment on September 15 and September 24, 2008, respectively. 14. On September 27, 2008, Defendant contacted Plaintiff asking for a meeting and a detailed list of services rendered. Attached hereto as Exhibit "A" is a true and correct copy of what Plaintiff provided to Defendant in a meeting on October 1, 2008 to illuminate the detailed nature of services rendered. Defendant did not dispute the information contained in the detailed list of services rendered. 15. Defendant told Plaintiff that he did not have the funds to pay Plaintiff at the time but that he was in the process of raising sponsorship dollars for a 2009 tournament and that he would be able to pay her once those proceeds were received. 16. On October 9, 2008 Plaintiff sent Defendant a registered letter seeking agreement to a payment plan with payments proposed by Plaintiff to be made on October 15, November 15 and December 15, 2008. 17. Defendant agreed via email with the proposed payment plan but asked for an adjustment of due dates to November 1, December 1 and January 1. Plaintiff agreed via email. 18. On October 31, 2008 Defendant called Plaintiff and left three voicemail messages indicating that he did not have the funds to make the first payment and that he was still raising money for a 2009 tournament. Based on information and belief, Plaintiff understood that there were no plans for a 2009 tournament. 19. Defendant offered Plaintiff a post-dated check during one of the phone messages. 20. Plaintiff responded via email to Defendant's message indicating that she was unwilling to accept a post-dated check from Defendant. 21. On November 12, 2008 Plaintiff received a payment of $900. 22. Plaintiff issued new invoices representing the remaining balance due of $7100. Plaintiff has received nothing further from Defendant. 4 23. Based on all information and belief, on or about the beginning of December 2008, the Duramed FUTURES Tour awarded the 2009 tournament to another entity not affiliated with Proforma Forsythe Marketing. 24. Defendant continues to owe Plaintiff $7,100 for services rendered under her oral agreement with Defendant plus late fees of 1 % per month totaling $595, bringing the amount now due to $7695. COUNT ONE Breach of Contract 25. The averments set forth in Paragraphs 1 through 24 are incorporated herein by reference as if set forth at length. 26. On or about April 22, 2008, Defendant and Plaintiff reached an oral agreement whereby Plaintiff would provide media and public relations services for the 2008 Gettysburg Championship golf tournament. 27. Defendant offered $8000 for Plaintiffs services and Plaintiff accepted Defendant's offer and agreed to perform such services for the amount offered. 28. Plaintiff performed the services that Plaintiff agreed to provide. 29. Defendant failed to compensate Plaintiff for her services in the full amount agreed upon by the parties and is therefore in breach of its agreement with Plaintiff. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant Paul Forsythe d.b.a. Proforma Forsythe Marketing in an amount less than $50,000, the amount required for mandatory arbitration, together with interest, costs of suit and other such relief as this Court deems just. 5 COUNT TWO Quantum Meruit/Unlust Enrichment 30. The averments set forth in Paragraphs 1 through 29 are incorporated herein by reference as if set forth at length. 31. There is no written agreement between Plaintiff and Defendant that outlines the details of the agreement for services. 32. Plaintiff performed 212 hours of valuable service for the Defendant from April 2008 until August 2008. See Exhibit A. Based on the agreement between the Defendant and the Plaintiff, Defendant was invoiced for 89 of those hours which represents the Plaintiffs regular hourly rate of $90.00 provided to non-profit organizations, as Defendant's organization was held out to be. 33. Plaintiff performed these services under the direction of the Defendant and all services were rendered to the Defendant and approved by the Defendant. 34. Defendant accepted, used and benefited from the services rendered by the Plaintiff. 35. Defendant knew that Plaintiff, in performing the services, expected to be compensated for those services. WHEREFORE, in the absence of an enforceable agreement, Plaintiff demands judgment in her favor under the doctrine of Quantum Meruit/Unjust Enrichment, against Defendant Paul Forsythe d.b.a. Proforma Forsythe Marketing in an amount less than $50,000, the amount required for mandatory arbitration, together with reasonable expenses related to travel, printing, copying and including interest, costs of suit and other such relief as this Court deems just. 6 7 By (1,,, _ f c? 6 c Maura Tobin Donley, Esq. I.D. No. 49086 1140 Dunlin Court Mechanicsburg, PA 17050 717-574-5918 Attomey for Plaintiff Dated: April, 2009 7 Exhibit A The Gettysburg Championship Hours/Tasks Weekrrasks Hours Worked April 8-11 Initial meeting with Duff, develop task time line 2 April 14-18 Hanover Evening Sun meeting, Altland House meeting, finalize media lists, revise Bets Kin press release. 3 April 21-25 Contact local chambers regarding championship. 3 Aril 28 -May 2 Work with Amber on college volunteer posters, contact local college athletic directors, phone calls, emails, intros to Duramed Staff 4 May 5-9 Media Advisory for Media Day - draft/distribute, phone calls, emails. 4 May 12 -16 Altland House meeting, media advisory for media day, work with Heather Cross on ad for the Evening Sun. rsvps for media day. 8 May 19-23 Ad placements in the Evening Sun, Gettysburg Times, Patriot, Frederick, Herald-Mail, cancel media day - make contacts, emails, phone calls. 6 May 26-30 Rescheduled media advisory draft/distribution, phone calls, emails. 2 June 2-6 Skill Challenge Press release, work with Josh, draft talking points for Betsy King, follow-up media advisory, prepare media kits with bios, draft media day release, rsvps for golf and media event. 0 June 9-10 Media Event with Betsy King, media inquiries, internet tear sheets on coverage, phone calls, emails. 8 Week/Tasks Hours Worked June 16-20 Draft talking points for Joe Nehila, write press releases for Honey Run, the Bridges, Dauphin Highlands and Glade Valley, contact golf courses, distribute release, buy ads in local papers for the skills challenge, work with Josh. 8 June 23-27 Whitney Myers press release, Whitney Myers story for The Links Newsletter, work with Amber on Skills Challenge Ads, place ads, WGET contacts for piece on skills challenge. 2 June 30 - Jul 4 Whitney Myers follow-up/tracking, calls with Todd Sadowski 2 July 7-11 Skill Challenge media advisory, encampment schedule of events, encampment press release, work with Gettysburg Visitors Bureau -- Carl Whitehill, get new info out on changes to the skills challenge. Contact sponosrs for sponsor golf event, collect rsvps. 2 Jul 14-18 Sponsor golf event, update media credentials information, place on web site, send info out to reporters, phone calls, emails, weekly update to sports reporters. Joe Nehila taping of Comcast Newsmakers 0 Jul 21-24 Weekly email to reporters, skills challenge media advisory sent, rsvps collected, work with Josh, media contact for the event, TGC meeting. 6 Jul 28-Aug. 1 Weekly email to reporters, amateur exemption press release, skills challenge finalist release, final Big Break media advisory, youth clinic press release, write program piece for Amber on Fortier, update ad schedule for the Evening Sun. Revise radio spot for the PEAK. 2 Week/Tasks Hours Worked Aug. 4-8 Big Break Results release, weekly email to reporters, Create Tournament Week Schedule, charity press release, revise and re-release encampment press release and schedule of events. Joe Nehila taping Sylvia Maus radio show. 9 Aug. 11-15 Weekly email to reporters, media advisory, media credentials reminder, prepare media credentials, respond to media inquiries. Fox 43 spot review and revise. Work with Duramed staff on schedule and media inquiries. Finalize championship week release 8 Aug. 18-24 Sunday/Monday -- weekly email to reporters, finalize media credentials, respond to media inquiries. 7 Tuesday - Youth Clinic - manage media/assist with event - day spa media advisory 8 Wednesday - Press Conference, media inquiries, media convera a tracking. 5 Thursday - Pro-Am participation/media coverage (WHP on site for stories) Work with Duramed officials 3 Friday - Tournament work, media inquiries, camera crew shuttle, media coverage tracking. Work with Duramend officials. 13 Saturday - Tournament work, media inquiries, camera crew shuttle, media coverage tracking. 15 Sunday - Tournament work, media inquiries, sports anchor shuttle, camera crew shuttle, work with Duramed officials. 16 Aug. 25-29 Clean-up work, thank you emails to reporters, gather photos, update web site, pro-am winners, Connie Shorb research, write press release, media advisory, award presentation. 6 Total Hours 212 X$90 Hourly Rate - Total Amount Due $19,080 Agreement/Invoice Amount $8000 89 hours) $8,000 123 Hours Donated to TGC $11,080 ALED-{Y-PI CE OF llrE: P -fit C'• OTNQy 2009 AieR -2 AM I I *- 3 1 Maura Tobin Donley, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-1518 Civil Term Paul Forsythe d.b.a. Proforma Forsythe Marketing, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Maura Tobin Donley, this 6"' day of April, 2009, hereby certify that a true and correct copy of the Complaint in the abovementioned action was served on all interested parties by certified first class mail, postage prepaid, at Mechanicsburg, Pennsylvania, on Thursday, April 2, 2009, addressed as follows Mr. Matthew D. Menges, Esq. Menges McLaughlin & Kalasnik, P.C. 145 East Market Street York, PA 17401 Mr. Paul Forsythe Proforma Forsythe Marketing 2575 Hepplewhite Drive York, PA 17404 tAAAA- ,? ,?? Gl , ':7? V U F?"`r`''; +TRRY OF THE 2009 APR -6 PM t : 36 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded ANSWER TO: Maura Tobin Donley You are hereby notified to file a written response to this New Matter within twenty (20) days from service hereof or a judgment may be entered against you. AND NOW, this 17th day of April, 2009 comes the Defendant, Paul Forsythe d/b/a Proforma Forsythe Marketing (hereinafter "Defendant"), by and through his attorneys, Menges, McLaughlin & Kalasnik, PC and Matthew D. Menges, Esquire and files this Answer and New Matter to Plaintiff s Complaint: 1. Admitted. 2. Admitted in part and denied in part. Admitted that Defendant's principal place of business is located at 2575 Hepplewhite Drive, York, PA 17404. Defendant specifically denies that he "provides" the items outlined in this paragraph. To the contrary, Defendant is in the business of selling, for a profit, products and services. 3. Admitted in part and denied in part. Admitted that Paul "Duff' Forsythe (hereinafter individually "Forsythe") contacted Plaintiff on or about the date stated. Defendant specifically denies that said contact was for the purposes described in this paragraph. To the contrary, Forsythe contacted Plaintiff to negotiate for her services to provide media and public relations services to The Gettysburg Championship, a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, of which Forsythe is the Executive Director. 4. Admitted in part and denied in part. Admitted that Forsythe and Plaintiff met on or about April 22, 2008. Defendant specifically denies that an "agreement" was reached "upon the details of Plaintiff's services." To the contrary, Plaintiff stated that the alleged agreement was made in "May." Further, Defendant specifically denies that Plaintiff and Forsythe met at "the Panera Bread Restaurant in Camp Hill." To the contrary, said meeting took place at the Holiday Inn, 148 Sheraton Drive, New Cumberland, York County, PA. 5. Admitted. 6. Admitted. 7. Denied. Defendant specifically denies that Plaintiff ever provided services to Defendant. Further, Defendant made no offer to Plaintiff for any services. Defendant denies that Plaintiff began providing service to Defendant immediately. To the contrary, at no time relevant to the Complaint did Plaintiff provide any services to, at the direction of, or for the benefit of, Defendant. 8. Admitted in part and denied in part. Admitted that Plaintiff engaged in the activities described in this paragraph intermittently during a period of time spanning four-five months. Any implication that Plaintiff engaged in these activities at the request of or for the benefit of Defendant is specifically denied. 9. Denied. Defendant, whether directly or indirectly, gave no direction to Plaintiff. 10. Admitted in part and denied in part. Admitted that Plaintiff and Sue Forsythe communicated regarding matters pertaining to The Gettysburg Championship. It is specifically denied that Sue Forsythe gave "approval" of "services provided." Further, it is specifically denied that the "services" referenced in this paragraph were provided to, at the request of, or for the benefit of Defendant. 11. Admitted in part and denied in part. Admitted that Plaintiff and Amber Cremic communicated regarding matters pertaining to The Gettysburg Championship. It is specifically denied that the "services" referenced in this paragraph were provided to, at the direction of, or for the benefit of Defendant. 12. Admitted in part and denied in part. Admitted that any services Plaintiff provided with terminated no later than August 29, 2008. Any implication that Plaintiff engaged in these activities at the request of or for the benefit of Defendant is specifically denied. 13. Admitted in part and denied in part. It is specifically denied that Plaintiff sent Defendant an invoice on August 30, 2008. To the contrary, Plaintiff issued an invoice dated February 22, 2009 for "Services to The Gettysburg Championship." Admitted that Plaintiff sent two follow-up notices. It is specifically denied that notices were sent to Defendant. 14. Admitted in part and denied in part. Admitted that Defendant did not dispute the document attached to Plaintiffs Complaint as Exhibit "A." Defendant denies any implication that he had a duty to dispute said document. Further, Defendant specifically denies that he contacted Plaintiff on September 27, 2008 to request a meeting and a detailed list of services. By way of further response is a document which speaks for itself. As such, no response is required. Notwithstanding, Defendant specifically denies that Exhibit "A" "illuminate[s] the detailed nature of services performed. Further, any implication that Plaintiff engaged in these activities at the request of or for the benefit of Defendant is specifically denied. 15. Denied. Defendant specifically denies that he represented to Plaintiff that "he" did not have the funds to pay Plaintiff, that "he" was in the process of raising sponsorship dollars, and that "he" would be able to pay her at any time. 16. Admitted in part and denied in part. Admitted that Plaintiff mailed a letter to Defendant dated October 9, 2008. Said letter is a document which speaks for itself. As such, no response is required. By way of further response, any implication that said letter obligates Defendant to Plaintiff in any fashion is denied. 17. Denied. At no time did Defendant agree to the "proposed payment plan" Plaintiff describes in this paragraph. 18. Denied. It is specifically denied that Defendant contacted Plaintiff and indicated that "he" did not have the funds to make the first payment and that "he" was still raising money for the 2009 tournament. Further, any implication that Defendant agreed to make any payment to Plaintiff at any time is specifically denied. Defendant, after reasonable investigation, is without sufficient knowledge or information to form a belief as to Plaintiffs state of mind with respect to "plans for a 2009 tournament" and, thus, it is specifically denied. 19. Denied. It is specifically denied that "Defendant offered a post-dated check during one of the phone messages." Further, any implication that is obligated to, or has offered to, pay Plaintiff is specifically denied. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore it is specifically denied. 21. Admitted in part and denied in part. Admitted that on or about November 12, 2008 Plaintiff received a payment in the amount of $900. It is specifically denied that Defendant tendered said payment, or that Defendant has any obligation to tender payment to Plaintiff. 22. Admitted in part and denied in part. Admitted that Plaintiff issued a new invoice for "Services for the Gettysburg Championship" showing a remaining balance of $7100. Admitted that Plaintiff has received nothing further from Defendant. Any implication that Defendant is, or ever was, obligated to Plaintiff is specifically denied. 23. Admitted in part and denied in part. Admitted that the Duramed Futures Tour awarded the 2009 tournament to another entity. It is specifically denied that Proforma Forsythe Marketing is or was affiliated with the Duramed Futures Tour. 24. Denied. Plaintiff states a legal conclusion to which no responsive pleading is required. To the extent deemed to be factual, however, Defendant specifically denies that it owes any obligation to Plaintiff. COUNT ONE Breach of Contract 25. Defendant incorporates all averments of this Answer and New Matter as if fully pled herein at length. 26. Denied. Plaintiff states a legal conclusion to which no responsive pleading is required. To the extent deemed factual, Defendant specifically denies that it reached any agreement or contract with Plaintiff. 27. Denied. Defendant specifically denies that it offered Plaintiff $8000 for her services and, further, denies that Plaintiff accepted any offer of Defendant to perform services. 28. Admitted in part and denied in part. Admitted that Plaintiff provided services. Defendant specifically denies that Plaintiff provided services to, at the direction of, or for the benefit of, Defendant. 29. Denied. Plaintiff states a legal conclusion to which no responsive pleading is required. To the extent deemed to be factual, Defendant specifically denies that Defendant had any obligation to compensate Plaintiff. WHEREFORE, Defendant respectfully request this Honorable Court to dismiss Plaintiff s Complaint with prejudice. COUNT TWO Quantum Meruit/Uniust Enrichment 30. Defendant incorporates all averments of this Answer and New Matter as if fully pled herein at length. 31. Admitted in part and denied in part. Admitted that there is not a written agreement between Plaintiff and Defendant. Any implication that Plaintiff and Defendant entered in to any agreement for Plaintiff to provide services to, at the direction of, or for the benefit of, Defendant is specifically denied. 32. Admitted in part and denied in part. Defendant admits that at all times relevant to this Complaint, Forsythe held himself out to be a representative of a non-profit organization known as the Gettysburg Championship and further, that Plaintiff was aware of said representation causing her to reduce her billable rate. Defendant specifically denies that Plaintiff performed 212 hours of "valuable services;" that Defendant and Plaintiff had an agreement; and that Defendant was "invoiced for 89 of those hours." 33. Denied. Defendant specifically denies that any services performed by Plaintiff were: "under the direction of Defendant;" "rendered to the Defendant;" or "approved by the Defendant." 34. Denied. Defendant specifically denies that it accepted, used, and/or benefited from any service performed by Plaintiff. 35. Denied. Defendant specifically denies that Defendant knew that Plaintiff expected compensation from Defendant for any services Plaintiff performed. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice. NEW MATTER 36. Defendant incorporates all averments of this Answer and New Matter as if fully pled herein at length. 37. Plaintiff's Complaint fails to state a cause of action against Defendant upon which relief can be granted. 38. Plaintiffs Complaint fails to join an indispensible party. 39. Plaintiff s Complaint is not properly verified in accordance with Pa.R.C.P. 1024. 40. Plaintiff's Complaint fails to properly plead alternative causes of action in accordance with Pa.R.C.P. 1020. 41. At all time relevant to Plaintiff's Complaint, Forsythe was acting as the Executive Director of a non-profit corporation known as the Gettysburg Championship. 42. At no time relevant to Plaintiff s Complaint was Forysthe acting individually or as a representative of Proforma Forythe Marketing. 43. At all time relevant to Plaintiff's Complaint, Defendant was an independent contractor of the Gettysburg Championship. Respectfully submitted, Matthew D. Menges, squire Sup. Ct. ID No. 208132 MENGES, MCLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges@yourlawfirmforlife.com VERIFICATION I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Rachel M. Peck, Paralegal to Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Answer and New Matter was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Maura Donley, Esquire 1140 Dunlin Court Mechanicsburg, PA 17050 Pro Se Plaintiff Date: April 17, 2009 QM, pa- Rachel M. Peck MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 OF THE P7`7 "t"' AT 2C!}14 APR 20 Pi i 1: 49 fC ?i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSIONS, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: April 17, 2009 Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmengesna,yourlawfirmforlife. com Attorney for Defendant 5 FILE D-0 OF THE f C':'.. i ? „ t,?.E F!1'3Y 2609 PR 27 Pf" 3: C L.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe.d/b/a Proforma Forsythe Marketing, Defendant. : No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: April 17, 2009 Matthew D. Menges, squire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmengea,yourlawfirmforlife. com Attorney for Defendant 6 FILCi? OF THC # E'LY 2009 APR 27 Fri 3: 04 CUM—_ ;? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. No.: 09-1518 Civil Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. : CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: April 17, 2009 k0+0 K_ Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmengesAa yourlawfirmforlife.com Attorney for Defendant FILE C-10 FRC") OF RY 2009 APR 27 Ph 3: 04 r?.?r aI `{l ?' ! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Arbitration Requested Defendant. REPLY TO NEW MATTER Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff'), hereby submits the Wowing Reply to Defendant's New Matter. REPLY NEW MA'!?R 36. Plaintiff incorporates all averments of Plaintiffs Complaint as if fully set forth herein. 37. Denied. See Plaintiffs Complaint. 38. Paragraph 38 of Defendant's New Matter states a conclusion of law to which no response is required. 39. Praecipe to Attach Verification to the Complaint has Wen filed with the Prothonotary in Cumberland County. Copy attached. 40. Denied. See Plaintiff s Complaint. 41. Denied. Defendant at all times identified himself as the "Tournament Director." 42. Denied. On the contrary, Defendant entered into a verbal agreement with Plaintiff. 43. Denied. After reasonable investigation, Plaintiff does not have sufficient knowledge regarding the averment of Paragraph 43, the same is therefore denied. Respectfully submitted, Mauia, Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 mauradonley@comcast.net v VERIFICATION I verify that the statements made in this Reply to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: RLED-0?""ACE OF THE PROTHONOTARY 2009 MAY -6 PM 1: 25 cutAbv:r ,v;-4? i1; !!i?TY PENNSYLVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND C6UNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE I, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Reply to Defendant's New Matter was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 Maura Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 LED- FF"CC OF 11 PFOTHONOTARY 2009 MAY -6 PM 1: 25 PENNMANA C I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Civil Action - Law PRAECIPE TO ATTACH VERIFICATION TO THE PLAINTIFF'S COMPLAINT FILED APRIL 2, 200'9 The undersigned, Maura Tobin Donley, respectfully submits this Praecipe to Attach Verification to Plaintiff's Complaint filed in The Court of Common Pleas of Cumberland County on April 2, 2009. / -l Date: May 6, 2009 (ti•----?- 1? Mau?a Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 t VERIFICATION I verify that the statements made in Plaintiff's Complaint, filed on April 2, 2009, in The Court of Common Pleas, Cumberland County in the matter of Donley v. Forsythe, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: S 1, / 0? OF ? PROTHONOTARY 2009 MAY -6 PM 1: 2 5 CUMbE r -wb t"UUIN PEN3 W VA!'dIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE I, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Praecipe to Attach Verification to Plaintiff's Complaint was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 Maura Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 OF 11-E FR T?MTARY 2019 MAY -6 PM I '. 25 cumib?: tt sit' (;QUINTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested PLAINTIFF'S REPLY TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff'), hereby submits the following response to Defendant's Request for Admissions REQUESTED ADMISSION A. That the following statements are true: 1. Admitted. By way of further clarification, Plaintiff was first made aware of the non-profit status of the Gettysburg Championship through a correspondence from Defendant's attorney, Attorney Menges, in a letter dated January 20, 2009. 2. Admitted. By way of further clarification, Plaintiff was made aware of the incorporation date of The Gettysburg Championship during a hearing in front of The Honorable Robert Manlove, Magisterial District Judge (09-1+2) on February 23, 2009 when Defendant submitted the Articles of Incorporation into evidence. 3. Admitted in part, denied in part. Plaintiff denies that this has any bearing on the causes of action set forth in Plaintiffs Complaint. By way of further answer, Plaintiff had a contract with Mr. Forsythe and in the alternative, plaintiff performed services for Mr. Forsythe. 4. Denied. Plaintiff worked directly for Defendant Mr. Paul Forsythe, d/b/a Proforma Forsythe Marketing. 5. Denied. Plaintiff worked directly for Defendant Mr. Paul Forsythe, d/b/a Proforma Forsythe Marketing. 6. Admitted. 7. Admitted in part and denied in part. Plaintiff admits that she did enter into a verbal agreement with Defendant for services related to The Gettysburg Championship. Plaintiff denies that the Defendant was acting as the Executive Director. To the contrary, Defendant was the Tournament Director. By way of further answer, this fact has no bearing on Plaintiff's causes of action set forth in the Complaint. 8. Denied. Plaintiff's services were much broader than "disseminating" information. See original complaint for services provided. Respectfully submitted, 0 Donley, Pro Se MMaw?a 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonley(&comcast.net VERIFICATION I verify that the statements made in these Reply to Defendant's First Set of Requests for Admission are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: S (4, 0 FILM-O-rr,E OF TNT TNONOTARY 2009 MAY -6 Phi 1: 2 5 pr- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE I, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Reply to Defendant's First Set of Requests for Admission was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 Maur Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 FU D-OFRCE OF ? PPOTPIO ARY 2009 MAY -6 Pik is 25 PE(' NSYLVP41A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested PLAINTIFF'S ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES TO: Mr. Paul Forsythe Proforma Forsythe Marketing 2575 Hepplewhite Drive York, PA 17404 DATE: May 6, 2009 Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff'), hereby submits the following Answers to Defendant's First Set of Interrogatories. ANSWER TO INTERROGATORIES 1. STATE any and all admissions of Defendant you intend to use or are contemplating using at the time of trial in YOUR defense. ANSWER: a. Defendant admitted owing Plaintiff $8,000 and therefore admitted that there was an enforceable agreement via email (dated October 13, 2008, 10:40 p.m.) when he acknowledged receipt of certified letter recommending a payment plan and asking for an adjustment to the payment plan with due dates for payment of November 1, 2008, December 1, 2008 and the end of December. Plaintiff agreed. b. Defendant admitted his obligation to Plaintiff via voice messages left on Plaintiff's cell phone on October 31, 266 the day before his first payment was due under the agreed upon payment plan. c. Defendant admitted owing $8000 when, on November 12, 2008, Plaintiff received a payment of $900. 2. IDENTIFY all witnesses that YOU are contemplating or that YOU intend to call at trial, including their names and addresses and a brief description of the facts to which you believe each witness is expected to testify. ANSWER: At a minimum Plaintiff will call as witnesses Amber Creznic, and employee of Proforma Forsythe Marketing to discuss her work on The Gettysburg Championship and Mr. Joe Nehila, Executive Director of the First Tee of the Susquehanna Valley as one of the charitable beneficiaries of The Gettysburg Championship. Plaintiff reserves the right to supplement this response as discovery proceeds. 3. IDENTIFY any DOCUMENTS or objects that YOU are contemplating or that YOU intend to use as exhibits at trial. ANSWER: Objection. This is attorney work product. 4. IDENTIFY each PERSON whom YOU expect to call as an expert witness at trial and STATE the subject matter on which the expert is expected to testify. ANSWER: Plaintiff is not aware of any experts she may need at this time but reserves the right to supplement this answer as discovery proceeds. 5. For each expert IDENTIFIED in the immediately proceeding Interrogatory, STATE the substance of the facts and opinions to which the expert is expected to testify and provide a summary of the grounds for each opinion. ANSWER: Plaintiff is not aware of any experts she may need at this time but reserves the right to supplement this answer as discovery proceeds. 6. IDENTIFY the name of each PERSON(S) who provided information used in YOUR answers and responses to these Interrogatories. ANSWER: Plaintiff has not relied on anyone for information used in these answers. 7. STATE the nature of any litigation, if any, YOU were involved in over the past five (5) years by SPECIFYING: (a) the docket number and County in which the action litigated; (b) whether "YOU" were a Plaintiff or Defendant; and (c) the nature and outcome of the particular litigation. ANSWER: Plaintiff has not been involved in any litigation in the last five years. 8. IDENTIFY and DESCRIBE YOUR educational background from high school to present. ANSWER: Please see Attached resume. (Document DON-013) 9. IDENTIFY and DESCRIBE YOUR work history from high school to present. ANSWER: Please see attached resume. (Document DON-013) In addition, Plaintiff worked at the Wooden Angel Restaurant during spring and summer breaks during college. From February to July 2007, Plaintiff worked at Arcus, LLC. 10. IDENTIFY the facts, including calculations, upon which you base your claim for damages. Please state and particularize the amount arrived at. Provide supporting documents. ANSWER: Please see original complaint and all attached documents. Plaintiff assessed a 1% interest charge on $8,000 from April to November and a 1% interest charge on $7100 from December to the present. 11. IDENTIFY with specificity each and every document of any nature whatsoever that YOU may introduce or rely upon at trial in support of YOUR complaint. ANSWER: See documents provided pursuant to Defendant's Request for Production of Documents. Plaintiff reserves the right to supplement this as discovery proceeds. 12. STATE and IDENTIFY the name, current address and telephone number of each and every individual who has provided any information, data or statements to YOU or any other person working for or on YOUR behalf which is or may be used in pursuit of YOUR claim(s) or as part of YOUR defense. ANSWER: Denied. This interrogatory is overly broad and unduly burdensome. As such if violates the Pennsylvania Rules of Civil Procedure. By way of further answer, this interrogatory calls for disclosure of attorney work product. 13. STATE and INDENTIFY the name of each PERSON(S) who participated in the preparation of YOUR answers and responses to these Interrogatories. ANSWER: No one other than Plaintiff. 14. IDENTIFY any statements of which YOU are aware given by any PERSON that relates in any way to the facts and circumstances giving rise to the current lawsuit. ANSWER: Plaintiff is not aware of any such statements. 15. STATE with particularity all elements of the verbal contract YOU allege between YOU and Defendant. ANSWER: Please see Plaintiffs Complaint. 16. STATE with particularity each and every act YOU allege that YOU performed for Defendant. ANSWER: Please see Plaintiff's Complaint. Respectfully submitted, Ma Donley, Pro Se 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonley@comcast.net VERIFICATION I verify that the statements made in these Answers to Defendant's First Set of Interrogatories Directed to Plaintiff are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: S RD-OFFICE OF THE PROTHONOTARY 2009 MAY - 6 PM 1: 2 a 'JIUNTY PENIr`SYL1 AN.to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maury Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Maury Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Answers to Defendant's First Set of Interrogatories was served on the below named, by placing same in the United States Mail, first- class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Attorney for Defendant Date: May 6, 2009 Ma Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 RLED-OFFIOE rAr C W THWW 2009 MAY -6 PPS 1: 25 ii. ?u PENNSYLVANIA f .p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Arbitration Requested Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO: Mr. Paul Forsythe Proforma Forsythe Marketing 2575 Hepplewhite Drive York, PA 17404 DATE: May 6, 2009 1. Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff'), hereby submits the following response to Defendant's Request for Production of Documents. REPLY TO REQUESTS 1. See attached documents. 2. See attached documents. 3. See attached documents 4. None. 5. Objection. This request requires the disclosure of personal and confidential information which is not relevant to the action, nor reasonably calculated to lead to the discovery of admissible information. f Ab Respectfully submitted, Ma Donley, Pro Se 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonley_kcomcast.net 1 VERIFICATION I verify that the statements made in this Reply to Defendant's First Request for Production of Documents are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 5 U- RLED-O! OF THE PROTHONOTARY 2009 MAY -6 PM 1: 26 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE I, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Reply to Defendant's First Request for Production of Documents was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 0 ??" Maury Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 OF rrE MARY 2H9 MAY -6 PM 1: 26 ;... ,-,.. :t to ? =-1I " Y PENNSYLVANIA LVANI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, No.: 09-1518 Civil V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Civil Action , Law Arbitration Requested PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT TO: Mr. Paul Forsythe Proforma Forsythe Marketing 2575 Hepplewhite Drive York, PA 17404 DATE: May 6, 2009 Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff'), hereby propounds the following written Interrogatories to be answered by the Defendant, Paul Forsythe d/b/a Proforma Forsythe Marketing, (hereinafter "Defendant"), within 30 days as is required by the Pennsylvania Rules of Civil Procedure, separately and fully in writing under Oath and furnishing all such information as is available to Defendant, in response thereto, with Defendant furnishing any additional information which he acquires as soon as it is acquired to Maura Tobin Donley, 1140 Dunlin Court, Mechanicsburg, PA 17050. 1. INSTRUCTIONS A. If objection is made to any of these Interrogatories, the reasons therefore shall be stated. B. If you claim that any of these Interrogatories are covered by any privilege, you shall set forth fully the basis for the claim of the privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. If you claim privilege to part of an interrogatory request, answer all parts of the interrogatory request to which no privilege is claimed. C. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. D. Except as otherwise provided by the Pennsylvania Rules of Civil Procedure, it is not grounds for objection that the information sought involves an opinion or contention that relates to a fact or the application of law to fact. E. These Interrogatories are continuing in nature. If between the time of your answers to these Interrogatories and the time of trial you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts, and not previously identified in your answers, or if you or anyone acting on your behalf obtain or become aware of additional information not previously supplied in your answers or upon the basis of which you know that an answer was incorrect or incomplete when made, or, though correct when made, is no longer true, then you promptly shall furnish same to the undersigned by supplementing your original answers under oath to include such information thereafter acquired. II. The following definitions shall apply to these Interrogatories: 1. "YOU" and "YOUR" shall mean Plaintiff and/or officers, directors, shareholders, partners, associates, principals, agents, employees, accountants, insurance providers, and any other person acting on behalf of or at the direction of the answering ley 2. "PERSON" shall have the broadest meaning and shall mean any natural individual, partnership, proprietorship, firm association, joint venture, corporation, subsidiary or other government, legal or business entity, as well as individuals and their agents, representatives or any other person acting on their behalf. 3. "IDENTIFY", when used in reference to COMMUNICATIONS, means to state with respect to each oral communication or conversation (in whole or in part): (a) the name of each person who made, and each person to whom it was made; (b) the date and place of the communication; (c) the names of every witness thereto; (d) the content, substance and subject matter of the communication, including an indication of the person speaking and the person(s) spoken to; and (e) the source of your information about the communication. 4. "IDENTIFY", when used in reference to PERSONS, means to state to the fullest extent possible the full name and present or last known address and telephone number of each such PERSON, the present or last known business position and employer of the PERSON, and the business position of the PERSON at the time in question, and if a business entity, the names under which it does business and the location or address and nature of each of its facilities. 5. All verbs are intended to include all tenses. 6. References to the singular are intended to include the plural and vice versa. 7. "Any" as well as "all" shall be construed to mean "each and every." 8. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 9. "DESCRIBE" and "SPECIFY" and/or "STATE" shall mean to set forth fully and unambiguously using technical terms or words of art if necessary each and every fact relevant to the answer called for by the Interrogatory to which the answering parry and/or its agents, employees or representatives have knowledge. 10. "COMMUNICATION" or "'COMMUNICATIONS" means written and verbal exchanges between any person or persons or entities, including, but not limited to verbal conversations, telephone calls, letters, memoranda, reports, telegraphs, exhibits, drawings and other documents which confirm or relate to the written or verbal exchange. 11. "DOCUMENT" OR "DOCUMENTS" includes writing, book, document or other things within the meaning of the Pennsylvania Rules of Procedure and evidence and includes the originals and non-identical copies of all of the following: (a) all writings of any kind, including but not limited to letters, telegrams, memoranda, reports, studies, calendar and diary entries, notes, records of meetings and conversations, tabulations, analyses, statistical or other accumulations of information, raw and refined data, drawings, graphs, charts, viewgraphs and other illustrations of any kind, including all drafts of any such writing; (b) photographs, films, slides, surveillance recordings, and other photographic material of any kind, including sound recordings; (c) bills, contracts, invoices, brochures, advertisements, certificates, checks, transcripts and other mechanical, magnetic and electronic records of any kind, including sound recordings; (d) all documents stored in or retrievable by computer; and (e) any other data compilations not covered by (a) through (d) herein. III. INTERROGATORIES 1. STATE any and all admissions of Plaintiff you intend to use or are contemplating using at the time of trial in YOUR defense. ANSWER: 2. IDENTIFY all witnesses that YOU are contemplating or that YOU intend to call at trial, including their names and addresses and a brief description of the facts to which you believe each witness is expected to testify. ANSWER: 3. IDENTIFY each PERSON whom YOU expect to call as an expert witness at trial and STATE the subject matter on which the expert is expected to testify. ANSWER: 5. For each expert IDENTIFIED in the immediately proceeding Interrogatory, STATE the substance of the facts and opinions to which the expert is expected to testify and provide a summary of the grounds for each opinion. ANSWER: 6. IDENTIFY the name of each PERSON(S) who provided information used in YOUR answers and responses to these Interrogatories. ANSWER: 7. STATE the nature of any litigation, if any, YOU were involved in over the past five (5) years by SPECIFYING: (a) the docket number and County in which the action litigated; (b) whether "YOU" were a Plaintiff or Defendant; and (c) the nature and outcome of the particular litigation. ANSWER: 8. IDENTIFY and DESCRIBE YOUR educational background from high school to present. ANSWER: 9. IDENTIFY and DESCRIBE YOUR work history from high school to present. ANSWER: 10. Set forth all dates, times and locations, whether by conference call or in person, of all board meetings, of the non-profit organization The Gettysburg Championship. ANSWER: It. Set forth all dates, times and locations, whether by conference call or in person of all board committee meetings, of the non-profit organization The Gettysburg Championship. ANSWER: 12. Set forth all names of the officers of The Gettysburg Championship, including addresses, phone numbers and email addresses for each officers. ANSWER: 13. IDENTIFY with specificity each and every document of any nature whatsoever that YOU may introduce or rely upon at trial in support of YOUR complaint. ANSWER: 14. STATE and IDENTIFY the name, current address and telephone number of each and every individual who has provided any information, data or statements to YOU or any other person working for or on YOUR behalf which is or may be used in pursuit of YOUR claim(s) or as part of YOUR defense. ANSWER: 15. STATE and INDENTIFY the name of each PERSON(S) who participated in the preparation of YOUR answers and responses to these Interrogatories. ANSWER: 16. IDENTIFY any statements of which YOU are aware given by any PERSON that relates in any way to the facts and circumstances giving rise to your defense of this law suit. . ANSWER: 17. IDENTIFY the names of any accountant or accounting firm utilized in the business of The Gettysburg Championship and provide addresses and phone numbers. ANSWER: 18. IDENTIFY any and all sponsors, donators. underwriters, supporters, financial contributors, or in-kind contributors to The Gettysburg Championship for 2007 and 2008. ANSWER: 19. IDENDTIFY any and all agreements, written or verbal, for services and products from Proforma Forsythe Marketing for the benefit of The Gettysburg Championship. ANSWER: Respectfully submitted, Maui6 Donley, Pro Se 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonleyAcomcast.net Fax (717) 854-4362 CP Iva 2049 MAC "?' ?? , ?? cumb, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, No.: 09-1518 Civil V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE 1, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing First Set of Interrogatories Directed to Defendant was served on the below named, by placing same in the United States Mail, first- class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Attorney for Defendant Date: May 6, 2009 V Maura Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 RLED-aTiCE OF dTARY 2009 MAY -6 PM 1: 26 [" EN! IS L AMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT TO: Mr. Paul Forsythe Proforma Forsythe Marketing 2575 Hepplewhite Drive York, PA 17404 DATE: May 6, 2009 Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., come the Plaintiff, Maura Donley, Pro Se and requests the Defendant, Mr. Paul Forsythe d//b/a Proforma Forsythe Marketing, to produce for inspection, examination and copying the following items at the home of Maura Donley, 1140 Dunlin Court, Mechanicsburg, PA 17050, within thirty (30) days after service of this request. Photocopies delivered to the above address will be accepted in lieu thereof. I. INSTRUCTIONS A. If objection is made to any of these Requests for Production of Documents, the reasons therefore shall be stated. B. If you claim that any of these Production of Document requests are covered by any privilege, you shall set forth fully the basis for the claim of the privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. C. These Production of Document requests are continuing in nature and must be supplemented promptly if Defendants obtain or learn further or different information between the date of the response and the time of trial by which Defendants know that a previous response was incorrect when made, or though correct when made, is then no longer true. U. The following definitions shall apply to this Request for Production of Documents: "YOU" and "YOUR" shall mean Paul "Duff' Forsythe, and/or officers, directors, shareholders, partners, associates, principals, agents, employees, accountants, insurance providers, and any other person acting on behalf of or at the direction of the answering party. 2. "PERSON" shall have the broadest meaning and shall mean any natural individual, partnership, proprietorship, firm association, joint venture, corporation, subsidiary or other government, legal or business entity, as well as individuals and their agents, representatives or any other person acting on their behalf. 3. "IDENTIFY", when used in reference to communications, means to state with respect to each oral communication or conversation (in whole or in part): (a) the name of each person who made, and each person to whom it was made; (b) the date and place of the communication; (c) the names of every witness thereto; (d) the content, substance and subject matter of the communication, including an indication of the person speaking and the person(s) spoken to; and (e) the source of your information about the communication. 4. "IDENTIFY", when used in reference to PERSONS, means to state to the fullest extent possible the full name and present or last known address and telephone number of each such PERSON, the present or last known business position and employer of the PERSON, and the business position of the PERSON at the time in question, and if a business entity, the names under which it does business and the location or address and nature of each of its facilities. 5. All verbs are intended to include all tenses. 6. References to the singular are intended to include the plural and vice versa. 7. "Any" as well as "all" shall be construed to mean "each and every." 8. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 9. "DESCRIBE" and "SPECIFY" and/or "STATE" shall mean to set forth fully and unambiguously using technical terms or words of art if necessary each and every fact relevant to the answer called for by the Interrogatory to which the answering party and/or its agents, employees or representatives have knowledge. 10. "COMMUNICATION" or "COMMUNICATIONS" means written and verbal exchanges between any person or persons or entities, including, but not limited to verbal conversations, telephone calls, letters, memoranda, reports, telegraphs, exhibits, drawings and other documents which confirm or relate to the written or verbal exchange. 11. "DOCUMENT" OR "DOCUMENTS" includes writing, book, document or other things within the meaning of the Pennsylvania Rules of Procedure and evidence and includes the originals and non-identical copies of all of the following: (a) all writings of any kind, including but not limited to letters, telegrams, memoranda, reports, studies, calendar and diary entries, notes, records of meetings and conversations, tabulations, analyses, statistical or other accumulations of information, raw and refined data, drawings, graphs, charts, viewgraphs and other illustrations of any kind, including all drafts of any such writing; (b) photographs, films, slides, and other photographic material of any kind, including sound recordings; (c) bills, contracts, invoices, brochures, advertisements, certificates, checks, transcripts and other mechanical, magnetic and electronic records of any kind, including sound recordings; (d) all documents stored in or retrievable by computer; and (e) any other data compilations not covered by (a) through (d) herein. III. I . Any and all DOCUMENTS referenced in your Answers to Plaintiff s First Set of Interrogatories. 2. Any and all DOCUMENTS YOU allege create, describe, clarify, define, reference, or in any other way refer to any element of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. 3. Any and all notes, memorandum, summaries, or other DOCUMENT of which you have knowledge or possession which refer to any conversation which YOU allege constitute any elements of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. 4. Any and all notes, memorandum, summaries, email, or other DOCUMENT of which you have knowledge or possession which refers to any COMMUNICATION YOU had with any other PERSON with respect to the instant action. 5. The By-laws of non-profit organization, The Gettysburg Championship. 6. Any and all notes, memorandums, summaries, emails, meeting minutes, or other DOCUMENT, of which you have knowledge or possession related to the business and operations of the non-profit The Gettysburg Championship. 7. Any and all written agreements between YOU and the non-profit entity, The Gettysburg Championship. 8. Any and all accounting DOCUMENT related to the operations and business of The Gettysburg Championship including, but not limited to, Financial Statements, Balance Sheets, Revenue and Expense sheets, Audited Financial Reports, from the date of incorporation to the present date. 9. Any and all tax forms required by or filed under the Internal Revenue Code of the United States of America or with the Pennsylvania Department of Revenue for tax years 2006, 2007 and 2008 for or on behalf of The Gettysburg Championship. 10. Copies of all 1099-MISC forms filed for The Gettysburg Championship. 11. Any and all bank statements for or related to The Gettysburg Championship for 2006, 2007, 2008. 12. Any and all bank statements for or related to the business of ProForma Forsythe Marketing from December 2007 to January 2009. 13. Any and all invoices sent to The Gettysburg Championship from Proforma Forsythe Marketing for 2007, 2008 and 2009 for either services rendered or products sold. 14. Any and all timesheets submitted to or created for, Proforma Forsythe Marketing for services, related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. 15. Any and all timesheets submitted to or created for The Gettysburg Championship for services related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. 16. Any and all canceled checks or deposit statements for payments made from sponsors, underwriters, supporters, and financial contributors to The Gettysburg Championship, whether or not checks were written out payable to the order of The Gettysburg Championship. Respectfully submitted, a ""? ?? Ma onley, Pro Se 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonley(&comcast.net O THE PP,01"OTARY 1009 MAY - 6 PM 1: 20" CtlM???: ? ?tt1i?JTY P&MYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S FIRST SET OF INTERROGATORIES, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: June 4, 2009 Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax(717)854-4362 mmenges(a,yourlawfirmforlife com Attorney for Defendant 6 F t} i=NUC OF THE PPOTH NOTARY 2009 JUN -4 PM 2: 41 CLWS&i A? -? ? "UUNN PENWYLAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: June 4, 2009 ? r Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges(rbyourlawfirmforlife com Attorney for Defendant 6 ALED- "s3 OF THE PPOTHOI C?TARY 2049 JUN -4 PM 2: 4 1 CUM8&-;Ljv'L; ?;Juw PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. No.: 09-1518 Civil Civil Action -Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 AND NOW, this 31St day of August, 2009, comes the Defendant, Paul Forsythe d/b/a Proforma Forsythe Marketing by and through his attorney, Matthew D. Menges, Esquire, submitting this objection to the proposed subpoena that is attached for the following reasons: 1. The information sought is not admissible, or reasonably calculated to lead to admissible evidence. Respectfully submitted, Date: ~ ~ I ~q ~ ~ - Y I C l Matthew D. Menges, Esquire ID # 208132 MENGES, MCLAUGHLIN & KALASNIK, P.C. 145 E. Market St. York, PA 17401 Phone: 717-843-8046 Fax: 717-854-4362 mmenges@yourlawfirmforlife. com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, No.: 09-1518 Civil v. Civil Action -Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Matthew D. Menges, attorney for the above named Defendant, do hereby certify that on this date, a true and correct copy of this Objection in the above-captioned action was served pursuant to the Rules of Court on the following: VIA FIRST CLASS MAIL Carol Steinour Young McNees, Wallace & Nurick, LLC P.O. Box 1166 100 Pine St. Harrisburg, PA 17108-1166 Respectfully submitted, g131lo9 ~ ~~ Matthew D. Menges, Esquire ID # 208132 MENGES, MCLAUGHLIN & KALASNIK, P.C. 145 E. Market St. York, PA 17401 Phone:717-843-8046 Fax:717-854-4362 mmenges@yourlawfirmforlife. com Attorney for Defendant 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, NO. 09-1518 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Gettysbura Championship, 2575 Hepplewhite Drive, York, PA 17404 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Rider. at McNees Wallace & Nurick LLC. 100 Pine Street. Harrisbur4, Pennsvlvania 17108-1166. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOW/NG PERSON: Attorney's Name: Carol Steinour Young. Esquire Address: 100 Pine Street. P.O. Box 1166. Harrisbur4, Pennsvlvania 17108-1166 Telephone: (717)137-5342 Supreme Court ID# 55969 Attorney for: Plaintiff. Maura Tobin Donley BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy RIDER: You are required to produce the following documents and/or information: 1) The By-laws of The Gettysburg Championship. 2) Any and all notes, memorandums, summaries, emails, meeting minutes, or other document related to the business and operations of The Gettysburg Championship. 3) Any and all written agreements between Paul Forsythe d/b/a Proforma Forsythe Marketing and The Gettysburg Championship. 4) Any and all accounting documents related to the operations and business of The Gettysburg Championship including, but not limited to, Financial Statements, Balance Sheets, Revenue and Expense sheets, Audited Financial Reports, from the date of incorporation to the present date. 5) Any and all tax forms required by or filed under the Internal Revenue Code of the United States of America or with the Pennsylvania Department of Revenue for tax years 2006, 2007 and 2008 for or on behalf of The Gettysburg Championship. 6) Copies of all 1099-MISC forms filed for The Gettysburg Championship. 7) Any and all bank statements for or related to The Gettysburg Championship for 2006, 2007 and 2008. 8) Any and all invoices sent to The Gettysburg Championship from Proforma Forsythe Marketing for 2007, 2008 and 2009 for either services rendered or products sold. 9) Any and all timesheets submitted by Proforma Forsythe Marketing to The Gettysburg Championship for Paul Forsythe d/b/a Proforma Forsythe Marketing, Sue Forsythe and/or Amber Creznic for work performed in 2008. 10) Any and all timesheets submitted to or created for The Gettysburg Championship for services, related to The Gettysburg Championship from Paul Forsythe d/b/a Proforma Forsythe Marketing, Sue Forsythe and/or Amber Creznic for work performed in 2008. 11) Any and all cancelled checks or deposit statements for payments made from sponsors, underwriters, supporters, and financial contributors to The Gettysburg Championship, whether or not checks were written out payable to the order of The Gettysburg Championship. 12) Any and all payments made from The Gettysburg Championship to Paul Forsythe d/b/a Proforma Forsythe Marketing for services rendered or products purchased from Defendant for 2007 and 2008. 13) All board committee minutes of The Gettysburg Championship. 14) All officers of The Gettysburg Championship, including addresses, phone numbers and email addresses for each officer. 15) The names of any accountant or accounting firm utilized in the business of The Gettysburg Championship and provide addresses and phone numbers. 16) All sponsors, donators, underwriters, supporters, financial contributors, or in-kind contributors to The Gettysburg Championship for 2007 and 2008. 17) All agreements, written or verbal, for services and products from Paul Forsythe d/b/a Proforma Forsythe Marketing for the benefit of The Gettysburg Championship. i `t~'.'>>'~ ~0~9 SAP - f Pit P ~ 4 7 ~' '~ ~.. ~ ,R Cl.J7Y ~_:._ JlJ.~71 Carol Steinour Young I.D. No. 55969 McNees Wallace &Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant NO. 09-1518 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S PRAECIPE TO SUPPLEMENT RECORD AND RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Maura Tobin Donley, by and through her attorneys, McNees Wallace & Nurick LLC, hereby files this Answer to Defendant's Motion to Strike Plaintiff's Praecipe to Supplement Record and Response to Defendant's Motion for Summary Judgment, and in support of this Answer, states as follows: 1.-7. Admitted. 8. Denied as stated. At oral argument, counsel for Plaintiff indicated that the record included Plaintiff's Motion to Compel, which included an Affidavit of Plaintiff. The Affidavit attached to the Motion to Compel clearly states that Plaintiff believed she was entering into a contract with Defendant Paul Forsythe, d/b/a PROforma Forsythe Marketing. See Exhibit A, Plaintiffs Motion to Compel and attachments, which included the Affidavit that was also filed as part of Plaintiffs Praecipe to Supplement the Record. The Affidavit also clearly states that at the time she entered into the contract with Defendant, Plaintiff was not aware that The Gettysburg Championship was a separate legal entity. See Exhibit A. Thus, the record in this case establishes a genuine issue of material disputed fact as to the parties to the contract. Defendant has utterly failed to establish that the record supports his claim for summary judgment. By way of further answer, at oral argument, the Court directed Plaintiff to file a Praecipe to Supplement the Record, which Plaintiff complied with the very next day. The documents which are part of the Supplemental Record are Bates-Stamped and were produced by Plaintiff to Defendant in discovery. Thus, Defendant cannot credibly argue that he was prejudiced by Plaintiff filing documents which were already in his possession. 9. Admitted. By way of further answer, Plaintiff filed a Praecipe to Supplement the Record at the direction of the Court. The Affidavit attached to Plaintiff's Praecipe was already part of the record. By way of further answer, the Supplemental Record establishes that Duff Forsythe, d/b/a PROforma Forsythe Marketing, promised to pay the debt. R. 10-11. -2- 10. Admitted. By way of further answer, the Affidavit filed with the Praecipe to Supplement the Record was already part of the record. See Exhibit A. 11. Admitted. The Pennsylvania Rules of Civil Procedure, Rule 126, also provide that "[the) rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties." 12. Denied. To the contrary, this Court directed Plaintiff to file a Praecipe to supplement the record, which Plaintiff did the day after the oral argument. 13. Denied. To the contrary, the Affidavit filed with the Praecipe to Supplement Record was already part of the record, having been attached as an exhibit to Plaintiffs Motion to Compel. See Exhibit A. 14.-16. Denied. To the contrary, the Plaintiff filed a Praecipe to Supplement Record at the direction of the Court. The record already included an Affidavit of Plaintiff in which she specifically states that she believed she was entering in to a contract with Defendant. The Supplemental Record includes documents that were produced in discovery by Plaintiff to Defendant, and establish that Defendant directed Plaintiffs work and that Defendant promised to pay the debt that is the subject of this lawsuit. R.4-20. -3- 17.-18. Denied. Plaintiff's Affidavit that was included in Plaintiffs Praecipe to Supplement Record was already filed in response to Plaintiffs Motion to Compel. See Exhibit A. Defendant has already filed an Answer to that Motion to Compel, and specifically responded to Plaintiffs Affidavit. See Exhibit B. Thus, Defendant is in no way prejudiced by the filing of Plaintiffs Affidavit, as he has already had a full opportunity to respond to the averments contained therein. 19. Denied. The court in Myers v. Volvo Cars of North America, lnc., 852 A.2d 1221 (Pa. Super. 2004) reversed the lower court's grant of summary judgment and remanded the case to the lower court, giving Plaintiff an opportunity to amend its complaint. The Myers court specifically stated that the defendant was not prejudiced in allowing the plaintiff to amend the complaint because it had been aware of a certain claim since plaintiff originally filed his complaint. In this matter, Defendant has already had a full and fair opportunity to respond to the averments of Plaintiff's Affidavit, which specifically state that she believed she was entering into an agreement with Defendant. See Exhibits A and B, which have been a part of the record since August 27, 2009 and August 31, 2009, respectively. Defendant has suffered no prejudice whatsoever by Plaintiffs filing of the Praecipe to Supplement the Record, which in any event was done at the direction of this Court. Neither was Defendant prejudiced by Plaintiff's filing of an Answer to the Motion for Summary Judgment, which was filed in direct response to a question by the Court. -4- WHEREFORE, Plaintiff Maura Tobin Donley respectfully requests that this Honorable Court dismiss Defendant's Motion to Strike. McNEES WALLACE & NURICK LLC By Carol Steinour o I.D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: October 13, 2009 -5- AUG 2 8 2009 (~ MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 09-1518 Civil PAUL FORSYTHE d/b/a PROFORMA :CIVIL ACTION -LAW FORSYTHE MARKETING, JURY TRIAL DEMANDED Defendant ORDER AND NOW, this day of , 2009, upon consideration of Plaintiffs Motion to Compel Discovery Responses, IT IS HEREBY ORDERED that Defendant is to submit full and complete answers to the Second Set of Interrogatories and to the Request for Production of Documents, within ten days of the date of this Order. BY THE COURT: J. Carol Steinour Young I.D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff c~ ti r ° .:~ ` - .c, - rl - ~ ~ ,- ~ ? ? ,~~ ~ ~, -:, ;-~ = - = -,~ : , `_ - 4_. > = __\_ ~ ~~ MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant NO. 09-1518 Civil CIVIL ACTION -LAW JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY RESPONSES This Motion to Compel Discovery is filed pursuant to Rule 4019(a) of the Pennsylvania Rules of Civil Procedure, and Cumberland County Local Rule 208.3(a). 1. Plaintiff Maura Tobin Donley ("Plaintiff') instituted this action against Defendant Paul Forsythe d/b/a Forsythe Proforma Marketing ("Defendant") by filing a complaint on April 2, 2009. 2. Plaintiff alleges that she had a oral agreement with Defendant to provide media and public relations services for Defendant in connection with Defendant's work on a golf tournament known as The Gettysburg Championship, a so-called "LPGA Duramed FUTURES Tour" event held in August 2008 in Adams County, Pennsylvania. l 3. At the time she entered into the contract, Plaintiff believed the Defendant was acting in his individual capacity as the owner of Proforma Forsythe Marketing. See Affidavit of Plaintiff, attached as Exhibit "A." 4. At the time she entered the contract, Plaintiff was not aware that the Gettysburg Championship was a separate legal entity. Id. 5. Defendant claims that at the time Plaintiff and Defendant entered into the contract, Defendant was acting on behalf of the Gettysburg Championship. See Answer with New Matter; see also letter from Defendant's counsel, admitting that he offered to stipulate to the entry of judgment against the Gettysburg Championship, attached as Exhibit "B." 6. The Gettysburg Championship was incorporated as a non-profit corporation on August 8, 2006, "exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. ." See Articles of Incorporation, attached as Exhibit "C." 7. The Articles of Incorporation for The Gettysburg Championship were prepared by Defendant's law firm. !d. 8. Defendant Duff Forsythe is listed as the incorporator in the Articles of Incorporation. Id. 9. The address of The Gettysburg Championship is the same address for Proforma Forsythe Marketing, 2575 Hepplewhite Drive, York, PA 17404. Id. -2- 10. The Gettysburg Championship is not registered as a charity with the Pennsylvania Department of Charitable Organizations. See Affidavit of Plaintiff. 11. When the undersigned counsel brought this to the attention of counsel for Defendant, counsel for Defendant denied that The Gettysburg Championship was a charity, despite knowing that this was an untrue statement. 12. In his work for the golf tournament, Defendant Paul Forsythe solicited donations for the benefit of charities, namely The First Tee of Susquehanna Valley and the Golf Fore Africa. 13. Defendant is not a registered charitable solicitor. 14. Proforma Forsythe Marketing and the Gettysburg Championship shared the same telephone number in the summer of 2008. See Affidavit of Plaintiff. 15. Defendant Paul Forsythe admitted that he commingled funds between the Gettysburg Championship and Proforma Marketing. Id. 16. Plaintiff served on Defendant a Second Set of Interrogatories and a Request for .Production of Documents on Defendant, to which Defendant replied on or about July 15, 2009. See Defendant's Answers to Interrogatories, attached as Exhibit "D", and Defendant's Response to Request for Production of Documents, attached as Exhibit "E." 17. In light of Defendant's claims that the debt in this matter was incurred by the Gettysburg Championship, Plaintiff asked Defendant to provide specific information about the relationship between Defendant and the Gettysburg Championship -3- ' ~ . 18. In Request 13, for example, Plaintiff asked Defendant to provide copies of invoices sent to the Gettysburg Championship for Proforma Forsythe Marketing. 19. Defendant objected on the basis that the request does not seek "admissible evidence or information which is reasonably calculated to lead to the discovery of admissible evidence." See Exhibit "E." 20. In Request 14, Plaintiff asks for time sheets submitted to or created for Proforma Forsythe Marketing for services related to the Gettysburg Championship for YOU (Defendant), Sue Forsythe and/or Amber Creznic. 21. Defendant also refused to provide information in response to this Request. See Exhibit "E." 22. Plaintiff is entitled to the discovery requested, as Defendant has made the Gettysburg Championship an issue in this case. 23. At a minimum, Defendant is obligated to provide any information regarding the relationship between Proforma Forsythe Marketing and The Gettysburg Championship. 24. Plaintiff has also provided Defendant with a Notice of Intent to Serve a Subpoena on The Gettysburg Championship. WHEREFORE, Plaintiff Maura Tobin Donley respectfully requests that this Court issue an Order, submitted herewith, directing Defendant to submit full and complete answers to the Second Set of Interrogatories and to the Request for Production of -4- Documents, within ten days of the date of the Order, and for such further relief as the Court may deem appropriate under all the circumstances. McNEES WALLACE & NURICK LLC By Carol Steinour u I.D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: August 26, 2009 -5- Exhibit A Carol Steinour Young I . D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff (717) 232-8000 MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 09-1518 Civil PAUL FORSYTHE d/b/a PROFORMA :CIVIL ACTION -LAW FORSYTHE MARKETING, JURY TRIAL DEMANDED Defendant AFFIDAVIT OF MAURA TOBIN DONLEY The undersigned Affiant, being duly sworn according to law, deposes and says as follows: 1. Affiant is the Plaintiff in the above-captioned case. 2. At the time I entered into the contract with Defendant Paul "Duff' Forsythe, I believed he was acting on behalf of himself and Proforma Forsythe Marketing. 3. At the time I entered into the contract with Defendant, I was not aware that The Gettysburg Championship was a separate legal entity. ~ ~ a 4. To the contrary, Duff Forsythe and Proforma Forsythe Marketing held themselves out and continue to hold themselves out as golf tournament planning. 5. I first learned that The Gettysburg Championship was a separate legal entity on January 22, 2009, which was a few weeks prior to the Magisterial District Justice hearing on my breach of contract claim. 6. At the Magisterial District Justice hearing, counsel for Defendant offered to stipulate to entry of judgment against The Gettysburg Championship, even though The Gettysburg Championship was not named as a party. 7. Research of the Department of State Charitable organizations website does not show any evidence that The Gettysburg Championship is a registered charity, even though the Articles of Incorporation provided by Defendant's counsel state that it is being organized "exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code... " 8. Defendant and The Gettysburg Championship share the same address and the same telephone number. -2- 9. At the Magisterial District Justice hearing in February 2009, Defendant Duff Forsythe admitted under oath that he commingled funds between Proforma Forsythe Marketing and The Gettysburg Championship. Ma ra Tobin Donley SWORN TO AND SUB CRIBED BEFORE ME THIS c?(v~AY OF August, 2009 TA Y PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Josephine M. Brinley, Notary PubNc City of Harrisburg, Dauphin Counter My Commission Expires dec.11, 20pg -3- Exhibit B. I~ENGES I~CLAUGHLIN ~ALASNIK. P.c. ATTORNEYS AT LAW ~'~~~'~ ~'~° cT, a"~ ~' ~ N. CHRISTOPHER MENGES -- _1 ~ - SHAWN P. MCLAUGHLIN ~1a5 1 ~~ JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES Writer's email: nunenges@yourlawfirmforlife.com August 21, 2009 VIA FACSIMILE: 717-237-5300 Carol Steinour Young McNees, Wallace & Nurick, LLC P.O. Box 1 166 100 Pine St. Harrisburg, PA 17108-1166 RE: Donley v. Forsythe Cumberland Cty. No.: 09-1518 Civil Dear Attonrey Young: Thank you for your letter of today's date. First, let me correct the record with respect to your client's previous requests for information from the Gettysburg Championship. I never refused to provide information regarding the Gettysburg Championship. I have only required your client to request that information in the proper manner under the Pennsylvania Rules of Civil Procedure. The Gettysburg Championship is not a party to this action, and that is by your client's own decision. Thus, she, and now you, are bound to request that information in the proper manner. Second, whether the Gettysburg Championship is listed as a charitable organization is not has absolutely no bearing on, and is in no way relevant, to the instant dispute. Again, your client chose to not make the Gettysburg Championship a party to this action. The question in dispute here is whether your client had a contract with anyone, and if so, with whom. Our allegations with respect to t11e Gettysburg Championship simply reference the fact that the Gettysburg Championship is an incorporated organization. As such, they enjoy limited liability, making my client not individually liable for any debts of the corporation. Third, the partial payment your client received was made by the Gettysburg Championship. You •I,i.. n 1 t tt ~ ~: i ,. , . t ' a:..,.t~,, t 1' r.,~ f,„~ lj ht CaiiliGt jivSSiv.y auC~C itu. ~7Li pa ~.ui p.e'y'I~.Ci~. lnu..,u..... Pii.;d v~:.lSatiCli cn the t.~.. O ~~ C e ~. individually. Finally, 1 do not believe that continuing discovery or depositions will reveal any information relevant to my Motion. My Motion is based upon your client's verified answer to Interrogatories, Request for Production of Documents, and Admissions. It seems to me that your client would have to perjure herself at a deposition to change any of that information. Accordingly, I do not believe that my Motion is premature. Therefore, I intend to continue presenting it to the Court September 9, 2009. (Continued on Next Page) PLEASE REPLY TO: 14S EAST MARKET STREET U I S EAST KWG STREET 2ND FLOOR ^ ~ 1 1 KENNEDY COURT SUITE 8 YORK, PA 174OI LANCASTER, PA 17602 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 TOLL FREE ]-S'66-=16-~-5?97 TOLL FREE 1-866-464-5297 ~1'OLL FREE 1-866-632-]784 Email York@YourLa~~FirmForLife.com Email Lancaster@YourLawFirmForLife.com Email Hanover@YourLawFirmForLife.com \1`~V'ti'.YOliRLA~~I~FIRAIFORLIFE.COA~1 Letter to Attorney Young August 21, 2009 Page -2- At the Magisterial District Judge hearing in this matter, I asked your client to stipulate to a judgment against the Gettysburg Championship, as that is the party with whom she contracted. She refused to do so. Upon our appeal in this matter, she had the opportunity to name the Gettysburg Championship as a party to this action and pursue her claim against them. She chose not to. My educated guess is that she chose not to because she became aware that the Gettysburg Championship has no assets. The fact that the Gettysburg Championship has no assets does not give your client recourse against my client individually. He is still protected by the corporate shield. Further, even if you intended to make some sort of clai..: for piercing the corporate veil, the Complaint has been filed and no facts to support that have been alleged. Rather than asking me to withdraw my Motion, you should be asking your client to withdraw her Complaint, as she has no facts to support a contract between she and Mr. Forsythe. I humbly suggest that you review my Brief and case law cited therein carefully when I serve it upon you late next week. Given the circumstances of this action, particularly your client's failure to name the Gettysburg Championship as a Defendant, 1 am inclined to advise my client to request attorney fees based on inter alia vexatious and dilatory conduct. Now that you are representing her, you would certainly be at risk in continuing this litigation. If you wish to discuss this matter, I am happy to do so. Otherwise, I look forward to meeting you September 9`~' for the oral argument. Thank you. Very truly yours, ~`~ a v V Matthew D. Menges MDM/rn~p Exhibit C ~`~ I~S DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE P.O. BOX 9003 HOLTSVILLE NY 11742-9003 000869.262124.0004.001 1 MB 0.326 532 ~ni~~~ur~r~u~~~uu~u~ui~~~i~~~~ii~~i~~~i~in~r~~~rr~~lr~ .i_~ GETTYSBURG CHAMPIDNSHIP DUFF FORSYTHE 2575 HEPPLEWHITE DR YORK PA 17404 )0869 Date of this notice: 07-31-2006 Employer Identification Number: 20-5219516 Form: SS-4 Number of this notice: CP 575 E X For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 20-5219516. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label we provided. If this isn't possible, it is very important that you use your EIN and complete name and address exactly as shown above on all federal tax forms, payments and related correspondence. Any variation may cause a delay in processing, result in incorrect information in your account or even cause you to be assigned more than one EIN. If the information isn't correct as shown above, please correct it using tear off stub from this notice and return it to us so we can correct your account. To receive a ruling or a determination letter recognizing your organization as tax exempt, you should complete Form 1023 Revision 1D24, Application far Recognition of Exemption at: Internal Revenue Service PO Box 192 Covington, KY 41012-D192 Publication 557, Tax Exempt for Your Organization, is available at most IRS offices or you can download this Publication from our Web site at www.irs.gov. This Publication has details on how you can apply. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. ~ Usa this EIt~! and y;,ur name Ex;;ctly as tf-iey appear- above un all yuur federal tax forms. * Refer to this EIN on your tax related correspondence and documents. If you have questions, you can call or write to us at the phone number or address at the top of the first page of this notice. If you write, please tear off the stub at the end of this notice and send it along with your letter. Thank you for your cooperation. Entity #:3666965 Date Filed: 08/08/2006 Pedro A. Comes i ~. cretary of the Commonwealth Please return filed document to: N. Christopher Menges, Esquire 145 East Market Street York, PA 17904 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU ARTICLES OF INCORPORATION-NONPROFIT CORPORATION In compliance with the requirements of 15 Pa.C.S. ~ 5306 (relating to articles of incorporation), the undersigned desiring to incorporate a Pennsylvania nonprofit corporation, hereby certifies that: 1. The name of the corporation is: Gettysburg Championship 2. The address of this corporation's initial registered office in this Commonwealth is: c/o Duff Forythe, 2575 Hepplewhite Drive, York, PA 17404 3. The corporation is incorporated under the Pennsylvania's Nonprofit Corporation Law of 1988, as amended, exclusively for charitable purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any further United States Internal Revenue Law (hereinafter referred to as the "Code"), including, for such purposes, the making of distributions to organizations that qualify as exempt organizations within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any further United Commonwealth of Pennsylvania ARTICLES OFINCORPORATION-NON-PROFIT 5 Page(s) PA DEPT. OP STATP ! l f ` AUG 0 S 2006 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIIIIIIIiIIIIIIIIIIIII rosnttttss States Internal Revenue Law (hereinafter referred to as the "Code"). These services are to include and yet not restrict the operation of the corporation to an annual golf event to raise funds for charitable purposes. 4. The corporation shall have all powers accorded to nonprofit corporations under the Pennsylvania Nonprofit Corporation Law of 1988, as amended. 5. The corporation is one which does not contemplate pecuniary gain or profit, incidental or otherwise. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to it trustees, directors, or officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 3 hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in'(including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501 (c)(3) of the Code or (b) by a corporation contributions to which are deductible under Section 170(c)(2) of the Code or (c) by a corporation, not a private foundation by virtue of Section 509 (a)(3) of the Code. 6. The Board of Directors shall conduct all the business of the corporation and shall be the only members of the corporation and consequently have all voting authority of the corporation. Other than the Board of Directors, the corporation shall have no 2 ^ members. The number of Directors on the Board shall not less than three (3) but otherwise the number shall be established in the bylaws of this corporation. The qualifications of members of the Board of Directors and the manner of their admission shall be fully provided for in the Bylaws. The incorporator shall act as the initial Directors until their successors are duly qualified and elected. 7. The name and address of each incorporator is: Duff Forsythe, 2575 Hepplewhite Drive, York, PA 17404 8. The corporation is organized on a nonstock basis. 9. The private property of the members of the Board of Directors shall be non-assessable and shall not be subject to the payment of any corporate debts, nor shall the members of the Board of Directors or any officers or employees of the corporation become individually or corporately liable or responsible for any debts or liabilities of the corporation. 10. The term of its existence is perpetual. 11. Upon dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of the remaining assets of the corporation (a) to one or more organizations that at the time qualify as tax exempt under Section 501 (c)(3) of the Code, or (b) to one or more governmental units described in Section 170 (c)(1) of the Code, as the Board of Directors shall determine, to be used exclusively for charitable, educational, religious or scientific purposes. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located to one or more such organizations, as said Court shall determine, to be used exclusively for charitable, 3 educational, religious or scientific purposes. Under no circumstances shall any assets be distributed to trustees, directors, officers, or employees of the corporation. IN TESTIMONY WHEREOF, the incorporators have executed these Articles of Incorporation this 6th day of August, 2006. Duff For the ncorporator 4 Exhibit D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action -Law Jury Trial Demanded DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S SECOND SET OF INTERROGATORIES General Objections 1. Defendant objects to each Interrogatory to the extent that it seeks information protected from discovery by the attorney/client privilege, work-product doctrine or any other applicable privilege. 2. In the event that Defendant produces any privileged or confidential document in response to this or other discovery, the production of such documents is not intended as, and shall not be deemed, a waiver by Defendant or its attorneys of any privilege as to the document or the subject matter thereof, nor does Defendant by producing any document, waive its right to assert the privileged or confidential status of any other document that Defendant has requested or may subsequently request. 3. Defendant objects to each Interrogatory to the extent that it seeks to impose on Defendant any obligation other than those set forth in the Pennsylvania Rules of Civil Procedure and applicable case law. 4. Defendant has not completed either its discovery or preparation for the trial of this matter. Accordingly, these responses are made without prejudice to Defendant's right to produce additional information or documents hereinafter obtained or found. 5. Defendant objects to each Interrogatory to the extent that it seeks to have Defendant particularize facts obtained from documents where Defendant is equally able to derive said facts from each such document. 6. Defendant objects to each Interrogatory to the extent that it seeks to have Defendant produce facts or information that are matters .of public record or otherwise equally available or are of greater availability to Defendant. 7. The Defendant reserves generally the right to supplement these responses in a timely fashion in such a manner as not to delay the effective trial of this matter as certain information may be recalled subsequent to the date of these responses and/or may have been inadvertently omitted herefrom, due to clerical error or otherwise, or may first become known or available or applicable subsequent hereto. ANSWERS TO INTERROGATORIES 1. STATE any and all admissions of Plaintiff you intend to use or are contemplating using at the time of trial in YOUR defense. ANSWER: Without waiving Defendants right to supplement this answer at a later date, Defendant intends to use: 1. Plaintiff s admission that the Gettysburg Championship is anon-profit corporation organized under the laws of the Commonwealth of Pennsylvania on August 8, 2006; 2. Plaintiff s admission that all services alleged performed were for the benefit of the Gettysburg Championship; 3. Plaintiff s admission that Plaintiff and Defendant did not enter into a written agreement; and 4. Plaintiff s admission that any verbal agreement entered into between Plaintiff and Paul "Duff' Forsythe was for services related to the Gettysburg Championship and the Gettysburg Championship only. 2. IDENTIFY all witnesses that YOU intend to call at trial, including their names and addresses and a brief description of the facts to which you believe each witness is expected to testify. ANSWER: Without waiving Defendants right to supplement this answer at a later date and further reserving the right to call rebuttal witnesses and Plaintiff's witnesses as on cross, Defendant intends to call Paul Forsythe to testify as to the formation, parties, and scope of any verbal contract alleged by Plaintiff. IDENTIFY each PERSON whom YOU expect to call as an expert witness at trial and STATE the subject matter on which the expert is expected to testify. ANSWER: Without waiving Defendants right to supplement this answer at a later date, Defendant does not intend to call any expert witness at this time. 4. For each expert IDENTIFIED in the immediately proceeding Interrogatory, STATE the substance of the facts and opinions to which the expert is expected to testify and provide a summary of the grounds for each opinion. ANSWER: N/A 5. IDENTIFY the name of each PERSON(S) who provided information used in YOUR answers and responses to these Interrogatories. ANSWER: Paul Forsythe. 6. STATE the nature of any litigation, if any, YOU were involved in over the past twenty- five (25) years by SPECIFYING; (a) the docket number and County in which the action litigated; (b) whether "YOU" were a Plaintiff or Defendant; and (c) the nature and outcome of the particular litigation. ANSWER: Defendant objects to this Interrogatory as unduly burdensome and impermissible. Without waving this objection, Defendant has not been aparty to any litigation, excluding the present action, in the last five (5) years. 7. IDENTIFY and DESCRIBE YOUR educational background from high school to present. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. 8. IDENTIFY and DESCRIBE YOUR work history from high school to present. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. 9. STATE all dates, times and locations, whether by conference call or in person, of all board meetings which YOU attended related to The Gettysburg Championship. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. 10. STATE all dates, times and locations, whether by conference call or in person of all board committee meetings that YOU attended for The Gettysburg Championship. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. 11. IDENTIFY all officers of The Gettysburg Championship, including addresses, phone numbers and email addresses for each officers. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 12. IDENTIFY with specificity each and every document of any nature whatsoever that YOU may introduce or rely upon at trial in support of YOUR defense. ANSWER: Defendant reserves the right to use any document exchanged in discovery or allowed under the Rules of Evidence or Rules of Civil Procedure. Defendant has not specifically identified any particular document for use at trial. Defendant will supplement this response by identifying its trial documents as required by the Rules of Civil Procedure. 13. STATE and IDENTIFY the name, current address and telephone number of each and every individual who has provided any information, data or statements to YOU or any other person working for or on YOUR behalf which is or may be used in pursuit of YOUR claim(s) or as part of YOUR defense. ANSWER: Maura Tobin Donley, address of record. 14. STATE and INDENTIFY the name of each PERSON(S) who participated in the preparation of YOUR answers and responses to these Interrogatories. ANSWER: Paul Forsythe. 15. IDENTIFY any statements of which YOU are aware given by any PERSON that relates in any way to the facts and circumstances giving rise to your defense of this law suit. ANSWER: Statements and admissions of Plaintiff, Maura Donley, as previously identified herein and exchanged in discovery. 16. IDENTIFY the names of any accountant or accounting firm utilized in the business of The Gettysburg Championship and provide addresses and phone numbers. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 17. IDENTIFY any and all sponsors, donators, underwriters, supporters, financial contributors, or in-kind contributors to The Gettysburg Championship for 2007 and 2008. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 18. IDENTIFY any and all agreements, written or verbal, for services and products from YOU for the benefit of The Gettysburg Championship. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. 19. IDENTIFY all officers, directors, shareholders, partners, associates, principals, agents, employees, and accounts of YOUR company Proforma Forsythe Marketing. ANSWER: Objection. This Interrogatory is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it seeks information which is not admissible in the present action, nor reasonably calculated to the lead to the discovery of admissible evidence. Respectfully submitted, Date: July 15, 2009 ~~~r`~-d ~--' Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 nimen~es a~yourlawtirmforlife.com Attorney for Defendant VERIFICATION I verify that the statements made in these Defendant's Responses to Plaintiff Maura Tobin Donley's Second Set of Interrogatories Directed to Plaintiff are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~,/ `~ - ~ Dated: ~ ~ ~~ Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action -Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S SECOND SET OF INTERROGATORIES, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: July 15, 2009 ~~-`~,~--0 t'~ Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717)843-8046 Fax (717) 854-4362 mmen~~es~awourlawfirm forli fe.com Attorney for Defendant Exhibit E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, v. Civil Action -Law Paul Forsythe d/b/a Profornla Forsythe Marketing, Jury Trial Demanded Defendant. DEFENDANT'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS General Objections Defendant objects to each request for production of documents to the extent that it seeks information protected from discovery by the attorney/client privilege, work-product doctrine or any other applicable privilege. 2. In the event that Defendant produces any privileged or confidential document in response to this or other discovery, the production of such documents is not intended as, and shall not be deemed, a waiver by Defendant or its attorneys of any privilege as to the document or the subject matter thereof, nor does Defendant by producing any document, waive its right to assert the privileged or confidential status of any other document that Plaintiff has requested or may subsequently request. 3. Defendant objects to each request for production of documents to the extent that it seeks to impose on Defendant any obligation other than those set forth in the Pennsylvania Rules of Civil Procedure and applicable case law. 4. Defendant has not completed either its discovery or preparation for the trial of this matter. Accordingly, these responses are made without prejudice to Defendant's right to produce additional information or documents hereinafter obtained or found. 5. Defendant objects to each request for production of documents to the extent that it seeks to have Defendant particularize facts obtained from documents where Plaintiff is equally able to derive said facts from each such document. 6. Defendant objects to each request for production of documents to the extent that it seeks to have Defendant produce facts or information that are matters of public record or otherwise equally available or are of greater availability to Plaintiff. 7. The Defendant reserves generally the right to supplement these responses in a timely fashion in such a manner as not to delay the effective trial of this matter as certain information may be recalled subsequent to the date of these responses and/or may have been inadvertently omitted herefrom, due to clerical error or otherwise, or may first become known or available or applicable subsequent hereto. RESPONSES TO DOCUMENT REQUESTS Any and all DOCUMENTS referenced in your Answers to Plaintiff's First Set of Interrogatories. ANSWER: None. 2. Any and all DOCUMENTS YOU allege create, describe, clarify, define, reference, or in any other way refer to any element of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. ANSWER: None. Any and all notes, memorandum, summaries, or other DOCUMENT of which you have knowledge or possession which refer to any conversation which YOU allege constitute any elements of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. ANSWER: None. 2 4. Any and all notes, memorandum, summaries, email, or other DOCUMENT of which you have knowledge or possession which refers to any COMMUNICATION YOU had with any other PERSON with respect to the instant action. ANSWER: Objection. This Request is overly broad and places an undue burden on the answering party. 5. The By-laws of non-profit organization, The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 6. Any and all notes, memorandums, summaries, emails, meeting minutes, or other DOCUMENT, of which you have lalowledge or possession related to the business and operations of the non-profit The Gettysburg Championship. ANSWER: Objection: This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 7. Any and all written agreements between YOU and the non-profit entity, The Gettysburg Championship. ANSWER: None. 8. Any and all accounting DOCUMENT related to the operations and business of The Gettysburg Championship including, but not limited to, Financial Statements, Balance Sheets, Revenue and Expense sheets, Audited Financial Reports, from the date of incorporation to the present date. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 9. .Any and all tax forms required by or filed under the Internal Revenue Code of the United States of America or with the Pennsylvania Department of Revenue for tax years 2006, 2007 and 2008 for or on behalf of The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 10. Copies of all 1099-MISC forms filed for The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 11. Any and all bank statements for or related to The Gettysburg Championship for 2006, 2007, 2008. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 12. Any and all bank statements for or related to the business of ProFonna Forsythe Marketing from December 2007 to January 2009. ANSWER: Objection. This Request does not seek admissible evidence or information which is reasonably calculated to lead to the discovery of admissible evidence. 13. Any and all invoices sent to The Gettysburg Championship from Proforma Forsythe Marketing for 2007, 2008 and 2009 for either services rendered or products sold. ANSWER: Objection. 'This Request does not seek admissible evidence or information which is reasonably calculated to lead to the discovery of admissible evidence. 14. Any and all timesheets submitted to or created for, Proforma Forsythe Marketing for services, related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. ANSWER: None. 15. Any and all timesheets submitted to or created for The Gettysburg Championship for services related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. ANSWER: None. 4 16. Any and all canceled checks or deposit statements for payments made from sponsors, underwriters, supporters, and financial contributors to The Gettysburg Championship, whether or not checks were written out payable to the order of The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. Respectfully submitted, Date: June 4, 2009 ~~~'~ ~± ~ Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges~yourlawfinnforlife.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, v• Civil Action -Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: June 4, 2009 ~~v' ~~~' ~ b Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717)843-8046 Fax (717) 854-4362 mmen es a,yourlawfirmforlife.com Attorney for Defendant 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secre ry to Carol Steinour Young Dated: August 26, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. No.: 09-1518 Civil Civil Action -Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. ANSWER TO MOTION TO COMPEL DISCOVERY AND NOW this 31S` day of August, 2009 comes the Defendant, Paul Forsythe d/b/a Proforma Forsythe Marketing by and through his attorney, Matthew D. Menges, Esquire and files this answer to Plaintiff's Motion to Compel Discovery Responses, of which the following is a statement: 1. Admitted. 2. Admitted in part and denied in part. Defendant admits that Plaintiff alleges the facts contained within this paragraph. Defendant specifically denies that he had an oral agreement with Plaintiff to provide medium public relation services for his benefit in connection with his work on a golf tournament known as the Gettysburg Championship, a so called "LPGA Dunned Futures Tour" event held on August 2008 in Adams County, Pennsylvania. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. Admitted that Gettysburg Championship is not registered as a charitable organization with the Pennsylvania Bureau of Charitable Organizations. Defendant specifically denies that a Department of Charitable Organizations exists. Any implication that the Gettysburg Championship is required to register with the Bureau of Charitable of Organization is specifically denied. 11. Denied. Counsel for Defendant did not deny that the Gettysburg Championship was a charity. To the contrary, counsel for the Defendant simply stated that the Gettysburg Championship is incorporated as anon-profit entity. Further, counsel for Defendant stated that whether or not the Gettysburg Championship was registered with the Bureau of Charitable Organizations is irrelevant to the instant action. 12. Admitted in part and denied in part. Defendant admits that his capacity as Executive Director of the Gettysburg Championship he solicited donations for the benefit of charities. Defendant also admits that the First Tee of Susquehanna Valley and the Golf Fore Africa are among the charities benefited. Defendant specifically denies the allegation that this work was performed in his individual capacity, or in his capacity as a representative of Proforma Forsythe Marketing. Further, Defendant specifically denies that this work was performed for the benefit of the "golf tournament." To the contrary, Defendant's work was performed for the benefit of The Gettysburg Championship. 13. Admitted. 14. Denied. Defendant specifically denies that Proforma Forsythe Marketing and the Gettysburg Championship shared the same telephone number in the summer of 2008. To the contrary, the Gettysburg Championship had a telephone number independent of that of Proforma Forsythe Marketing. Proof of same was provided to Plaintiff at the time of trial before the Magisterial District Judge. 15. Denied. Defendant specifically denies that he admitted comingling funds between the Gettysburg Championship and Proforma Forsythe Marketing. To the contrary, the Gettysburg Championship maintained a separate and distinct bank account from Proforma Forsythe Marketing at all times relevant to the instant action. 16. Admitted in part and denied in part. Defendant admits that Plaintiff served upon him a second set of Interrogatories and a second Request for Production of Documents to which Defendant replied on or about July 15, 2009. Defendant specifically denies that the Request for Production of Documents served upon this Defendant at this time were the first set of Request for Production of Documents. To the contrary, Defendant was served with the exact same Request for Production of Documents on or about May 6, 2009. Further, Defendant responded to this Request for Production of Documents on June 4, 2009. 17. Admitted in part and denied in part. Defendant admits that Plaintiff asked Defendant to provide specific information about the relationship between Defendant and the Gettysburg Championship. Defendant is, after reasonable investigation, with out knowledge or information sufficient to form a belief as to Plaintiff s motivation for requesting this information. Further, Defendant specifically denies that Defendant "claims that the debt in this matter was incurred by the Gettysburg Championship." To the contrary, Defendant has simply pleaded that at all times relevant to this action, Paul Forsythe was acting in his capacity as the Executive Director of the Gettysburg Championship. Any implication that Defendant has admitted to the alleged debt is specifically denied. 18: Admitted. 19. Admitted. 20. Admitted. 21. Denied. Defendant specifically denies that he "refused to provide information." To the contrary, Defendant responded that the does not have the requested information. 22. Denied. This paragraph states the conclusion of law to which no responsive pleading is required. To the extent deemed factual, Defendant specifically denies that "Plaintiff is entitled to the discovery requested, as the Defendant has made the Gettysburg Championship an issue in this case." To the contrary, Plaintiff is not entitled to the discovery requested, as it is not admissible in this case nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further denies that he has "made the Gettysburg Championship an issue in this case." To the contrary, Defendant has only pleaded that at all times relevant to this action he was acting in his capacity as the Executive Director of the Gettysburg Championship. 23. Denied. This paragraph states a legal conclusion to which no responsive pleading is required. To the extent deemed factual, Plaintiff specifically denies that he is "obligated to provide any information regarding the relationship between Proforma Forsythe Marketing and the Gettysburg Championship." To the contrary, Plaintiff is not entitled to any of this information, as the instant action involves only an alleged contract between Plaintiff and Paul Forsythe, d/b/a Proforma Forsythe Marketing. 24. Admitted. WHEREFORE, Defendant, Paul Forsythe, d/b/a Proforma Forsythe Marketing, respectfully request this Honorable Court to dismiss Plaintiff's Motion to Compel Discovery Responses. Respectfully submitted, Date: ~ l?~ ~ ~Ci'.~l ~~~'~~~~--~ Matthew D. Menges, Esquire ID # 208132 MENGES, MCLAUGHLIN & KALASNIK, P.C. 145 E. Market St. York, PA 17401 Phone: 717-843-8046 Fax: 717-854-4362 mmenges@yourlawfirmforlife.com Attorney for Defendant • r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action -Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, attorney for the above named Defendant, do hereby certify that on this date, a true and correct copy of this Objection in the above-captioned action was served pursuant to the Rules of Court on the following: VIA FIRST CLASS MAIL Carol Steinour Young McNees, Wallace & Nurick, LLC P.O. Box 1166 100 Pine St. Harrisburg, PA 17108-1166 Date: ~ ~l ~,a Melissa H. Calvanelli, District Court Administrator Cumberland County Courthouse 1 Courthouse Square, Room 400 Carlisle, PA 17013 Respectfully submitted, ~~•~ Matthew D. Menges, Esquire ID # 208132 MENGES, MCLAUGHLIN & KALASNIK, P.C. 145 E. Market St. York, PA 17401 Phone: 717-843-8046 Fax: 717-854-4362 mmenges@yourlawfirmforlife.com Attorney for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secrets to Carol Steinour Young Dated: October 13, 2009 ~y{- 1- ~ , Z~~PC~?' f ~ P~91%~ ~~ 1 t"`'' ~ ter, i+, MAURA TOBIN DONLEY, Plaintiff vs. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-1518 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT' S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, OLER AND GUIDO J.J ORDER AND NOW, this /3" day of October, 2009, it appearing that there are disputes with respect to material facts in this case, the motion of the defendant for summary judgment is DENIED. / Carol Steinour Young, Esquire For the Plaintiff / Matthew Menges, Esquire For the Defendant :rlm c~,~ ,„~,~c. ,o~,~/rn ~,7 BY THE COURT, FiL~C1_~~i ~; 20x9 C,; i ~ A"t I~• .~.~ 1 ~. .. _'. ;E; IN THE COURT OF COMMON PLEAS Maura Dobin Donley CUMBERLAND COUNTY, PENNSYLVANIA 09-1518 Civil ~ ~ ~ , vs No. Paul Forsythe d/b/a Proforma Forsythe Marketing ~;~ ~ -~' t..- ~ %~ ~ . ~~ ~ -'t3 X1'33 3'; `- N F =17 ~ ~ . ~~ N t ~ NOTICE OF APPEAL ~ FROM AWARD OF BOARD OF ARBITRATORS ~" "~ TO THE PROTHONOTARY: Notice is given that Paul Forsythe d/b/a Proforma Forsythe Marketing appeals fr om the award of the board of arbitrators entered in this case on May 25, 2010 A jury trial is demanded ~X (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that ~1. the compensation of the arbitrators has been paid, or ~2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) ~~~ Appellant or Attorney for Appellant NOTE:. The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). ^(b) No affidavit or verification is required. g>3~U_ add/`CQT~ !-l EA~G/~ ~ # S/UO MAURA TOBIN DONLEY, Plaintiff vs. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-1518 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION TO MOLD THE ARBITRATION AWARD TO INCLUDE PRE- AND POST-JUDGMENT INTEREST RULE TO SHOW CAUSE AND NOW, this 28 r day of June, 2010, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for Thursday, August 19, 2010, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. 5. notice of the entry of this order shall be provided to all parties by the petitioner. " f, ^ -~.., Y. ~~ .. . r: , ~^ ~ . 1. _: ~~ 1, Lt.l ~ 1- ,.. c_'.:a LL- .- :~lm c~-+ , Co- ~£S ~~tC~C, ~+~ ~~ ~ ~~£S A~+ C. Y (o ` 8~ l U ~,r BY THE COURT, MAURA TOBIN DONLEY, Plaintiff VS. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1518 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION TO MOLD THE ARBITRATION AWARD TO INCLUDE PRE- AND POST-JUDGMENT INTEREST ORDER AND NOW, this day of August, 2010, this matter having been listed for argument but the Court having since learned that an appeal from the arbitrators' award has been filed by the defendant, the motion to mold the arbitration award is DISMISSED as moot. BY THE COURT, Hess, J. Carol Steinour Young, Esquire For the Plaintiff ./ Matthew D. Menges, Esquire For the Defendant :rlm (201-3 L Q.S rna (C ?--L A-CV10 0 !s 0 1 O fem. /~ .•..w dlr. - FI~EIZ-OFI+ICE QF i'HE PRCTNCI~OTARY PRAECIPE FOR LISTING CASE FOR TRIAL 2D10 OCT -8 PM ~~ 5 (Must be typewritten and submitted in triplicate) CU p~l~I~SY ~'A~ A TY TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MAURA TOBIN DONLEY, vs. (Plaintiff) PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, vs. (Defendant) (check one) ^ vil Action -Law [Appeal from arbitration (other) The trial list will be called on November 2, 2010 and Trials commence on December 6 , 2010 Pretrials will be held onNovember 10. 2010 (Briefs are due S days before pretrials No. 09-1518 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Carol Steinour Young, Esquire Indicate trial counsel for other parties if known: Matthew D. Menges, Esquire This case is ready for trial. Signed: ( ~7`~,cn~ Print Name: Carol Stei Date: ~~ `~(~ Attorney for: Plaintiff _~wA~ ~~~~~~'' ~~a ~v' . ~~ ~ ~~a~~ S ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~? Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. : No.: 09-1518 Civil ~ ~~ Civil Action -Law c' ; __ `~ ~~>c~, Previous Judge: J. Wesley Oler, Jr..~ a :h-~ Jury Trial Demanded ~ DEFENDANT'S MOTION IN LIMINE c-a rv a -~ c.3 AND NOW, this oL6~ay of October, 2010 comes the Defendant, Paul M. Forsythe d/b/a Proforma Forsythe Marketing, and files this Motion in Limine, of which the following is a statement: Evidence of Defendant's 28 years old criminal conviction 1. Defendant was convicted of a crime that involves dishonesty as defined for purposes of Pa.R.E. 609 in 1982. 2. Defendant believes that Plaintiff will attempt to introduce evidence of his conviction, even though more than ten years has passed. 3. Pa.R.E. 609(b) prohibits admitting evidence of a criminal conviction involving n -~~ --+ "~" r-~ ~~ .,.~_: ~ r.~ , ~ ~.~ ,~ __ c ~~:. dishonesty when more than ten years has passed "unless the court determines, in the interests of justice, that the probative value of the conviction substantially outweighs its prejudicial value." (emphasis added). 4. Plaintiff's claim involves a contract claim, in which Plaintiff does not plead any facts which even hint at fraud or dishonesty. 5. Since Plaintiff s claim sounds purely in contract, raising Defendant's 28 year old conviction has no probative value. 6. Even if Defendant's 28 year old conviction has limited probative value, the prejudicial value to Defendant far outweighs any potential limited probative value. 7. Accordingly, Pa.R.E. 609(b) prevents Plaintiff from introducing any evidence of Defendant's 28 year old conviction. WHEREFORE, Defendant Paul M. Forsythe respectfully requests this Honorable Court enter an Order precluding Plaintiff, her counsel, or any witness from testifying or attempting to introduce any evidence in any way related to Defendant's prior criminal conviction involving dishonesty. Evidence of operation of Gettysburg Championship 8. Defendant believes that Plaintiff will attempt to introduce evidence regarding the operation of the Gettysburg Championship, which is not a party to this action. 9. Defendant believes the evidence Plaintiff intends to introduce consists of: a. Evidence as to whether the Gettysburg Championship was registered with the Pennsylvania Bureau of Charitable Organizations; b. Evidence as to whether the Gettysburg Championship had obtained 501(c)(3) status; c. Evidence as to the Gettysburg Championship's stated purpose; d. Evidence as to the record keeping of the Gettysburg Championship; e. Evidence as to unrelated business transaction of the Gettysburg Championship; and f. Evidence as to whether the funds of the Gettysburg Championship were co- mingled with Defendant's personal funds. 10. Plaintiff s claim involves an alleged verbal contract between Plaintiff and Defendant, not the Gettysburg Championship. 11. Plaintiff has admitted that she was aware, prior to the filing of the instant action, that the Gettysburg Championship is anon-profit corporation separate and apart from Defendant. 12. Plaintiff s admissions are binding in the instant action, unless "the court on motion permits withdrawal or amendments of the admission." Pa.R.C.P. 4014(d). 13. Plaintiff has listed this matter for trial without having sought to withdraw or amend her admissions, and thus, they are binding upon her at trial. 14. Because Plaintiff has admitted that the Gettysburg Championship is a separate legal entity, and Plaintiff has chosen not to make Gettysburg Championship a party to this action, any evidence as to the operation of the Gettysburg Championship is irrelevant. 15. Evidence that is not relevant is not admissible. Pa.R.E. 402. WHEREFORE, Defendant Paul M. Forsythe respectfully requests this Honorable Court enter an Order precluding Plaintiff, her counsel, or any witness from testifying or attempting to introduce any evidence in any way related to the operation of the Gettysburg Championship, specifically including those items listed above. Evidence contradicting Plaintiff s admissions 16. On April 17, 2009, Defendant served Plaintiff with Requests for Admissions. A true and correct copy of Defendant's First Set of Requests fro Admissions is attached hereto, incorporated herein by reference, and marked, Exhibit "A." 17. On May 6, 2009, Plaintiff filed her Reply to Defendant's First Set of Requests fro Admissions. As these were field of record, they are not attached hereto, but are incorporated herein by reference. 18. Plaintiff admits that "The Gettysburg Championship is anon-profit corporation organized under the laws of the Commonwealth of Pennsylvania." While Plaintiff attempts to qualify her admission, this attempt does not fairly meet the substance of the requested admission, and thus, it is a complete admission. 19. Plaintiff admits that "All services Plaintiff alleged [sic.] performed were for the benefit of the Gettysburg Championship." While Plaintiff states that her reply is a partial admission and partial denial, her denial is only "that this has any bearing on the causes of action set forth in Plaintiffs Complaint," which does not fairly meet the substance of the requested admission, and, thus, is a complete admission. 20. Plaintiff admits that "At not time relevant to the instant action did Plaintiff perform any act for the benefit of Defendant in his individual capacity." Here, Plaintiff attempted to deny the request, but again, Plaintiff s denial fails to fairly meet the substance of Defendant's request. Plaintiff states that she "worked directly Defendant." Defendant's request is focused on the party benefiting from Plaintiff's acts. Plaintiff's response focused on to whom she reported. Thus, it fails to fairly meet the substance of Defendant's request, and constitutes an admission. 21. Plaintiff admits that "At not time relevant to the instant action did Plaintiff perform any act for the benefit of Proforma Forsythe Marketing." Again, Plaintiff attempted to deny the request, but again, Plaintiff's denial fails to fairly meet the substance of Defendant's request. Plaintiff states that she "worked directly Defendant." Defendant's request is focused on the party benefiting from Plaintiff's acts. Plaintiff s response focused on to whom she reported. Thus, it fails to fairly meet the substance of Defendant's request, and constitutes an admission. 22. Further, Plaintiff admits that her action consists of only action "with respect to the Gettysburg Championship." Plaintiff again attempts a denial that fails to meet to substance of Defendant's request. Plaintiff responded only that her "services were much broader than `disseminating' information." Plaintiff does not deny that her services were only with respect to the Gettysburg Championship, though. Thus, she has failed to fairly meet the substance of Defendant's request, constituting an admission. 23. Finally, Plaintiff admitted that she "did enter into a verbal agreement with Defendant for services related to The Gettysburg Championship." Plaintiff's admission to this point is unqualified. 24. Pa.R.C.P. 4014(c) allows Defendant, as the propounding party, to move to seek the sufficiency of Plaintiff s answers. 25. Plaintiffs admissions are binding in the instant action, unless "the court on motion permits withdrawal or amendments of the admission." Pa.R.C.P. 4014(d). 26. Plaintiff has listed this matter for trial without having sought to withdraw or amend her admissions, and thus, they are binding upon her at trial. WHEREFORE, Defendant Paul M. Forsythe respectfully requests this Honorable Court enter an Order precluding Plaintiff, her counsel, or any witness from testifying or attempting to introduce any evidence that in any way contradicts the admissions Plaintiff made in her Reply to Defendant's First Set of Requests for Admissions. Respectfully submitted, Matthew D. Menges, Es uire ID #208132 Menges, McLaughlin & Kalasnik P.C. 145 East Market Street York, PA 17401 (717)843-8046 Fax (717) 854-4362 mmenges(a,yourlawfirmforlife. com ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, v. Civil Action -Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Motion in Limine was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Carol Steinour Young McNees, Wallace & Nurick, LLC P.O. Box 1166 100 Pine St. Harrisburg, PA 17108-1166 Attorney for Plaintiff Date: October'-~a , 2010 Matthew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street ' York, PA 17401 (717)843-8046 Fax (717) 854-4362 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Jury Trial Demanded DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSIONS Pursuant to Pa. R.C.P. No. 4014, Defendant, Paul Forsythe d!b/a Proforma Forsythe Marketing, by his undersigned attorneys, hereby requests that Plaintiff make the following admissions within thirty days after service, for the purposes of this action only and subject to all pertinent objections as to relevancy which may be interposed at the trial of this case. INSTRUCTIONS 1. Plaintiff, Maura Tobin Donley must answer these Requests for Admissions within thirty days from receipt thereof. Any Request that goes unanswered within the time allowed will be deemed admitted pursuant to Rule 4014(b) of the Pennsylvania Rules of Civil Procedure. 2. Each Request shall specifically be admitted or denied, including the authenticity or accuracy of any documents referenced or attached. 3. In the case of a Request for Admission seeking to admit or deny the accuracy of information or data contained in a document or table, each entry of data or factual information contained in the document or table shall constitute a separate Request for Admission. Therefore, No.: 09-1518 Civil FILE COPY Civil Action -Law if Plaintiff considers that a specific datum or other portion of the information contained within a document or table presents a genuine issue for trial or considers that the information cannot for some other reason be admitted, Plaintiff may deny only that portion of the information contained in the document or table and shall admit all true information contained in the document or table. 4. If a matter contained in any Request cannot be admitted or denied, the reasons for this shall specifically be set forth in detail in the Response to the Request, including lack of sufficient information as to the matter in question obtained after reasonable inquiry. 5. A denial shall fairly meet the substance of the requested admission. 6. If Plaintiffs, response to a Request is an objection, the reasons for the objection must be stated with particularity. 7. When good faith requires that Plaintiff qualify its answer or deny only a part of the matter for which an admission is requested, Plaintiff must specify the portions of the Request to which it admits and then deny or qualify its answer as to the remainder. Wherever a denial or partial denial is made, Plaintiff shall state each and every fact that forms the basis for the denial or partial denial, and shall identify all documents that support or tend to refute its denial or partial denial. When a portion of information contained in a document cannot be admitted, Plaintiff shall deny only that portion of the information which cannot be admitted and shall admit the remainder of the document or table. 8. Plaintiff may not give lack of information or knowledge as a reason for failure to admit or deny, unless it has made reasonable inquiry and unless the information known or readily obtainable by it is insufficient to enable it to admit or deny the matter for which an admission is requested. In such case, Plaintiff shall set forth the nature of the inquiry undertaken. 2 REQUESTED ADNIISSIONS A. That the following statements are true: 1. The Gettysburg Championship is anon-profit corporation organized under the laws of the Commonwealth of Pennsylvania. 2. The Gettysburg Championship was incorporated on August 8, 2008. 3. All services Plaintiff alleged performed were for the benefit of the Gettysburg Championship. 4. At no time relevant to the instant action did Plaintiff perform any act for the benefit of Defendant in his individual capacity. 5. At no time relevant to the instant action did Plaintiff perform any act for the benefit of Proforma Forsythe Marketing: 6. Plaintiff and Defendant did not enter into a written agreement. 7. Plaintiff entered into a verbal agreement with Paul "Duff' Forsythe at a time during which Forsythe was acting in his capacity as Executive Director of the Gettysburg Championship. 8. Plaintiff acts relevant to the instant action consist of disseminating information only with respect to the Gettysburg Championship. 3 Respectfully submitted, Date: April 17, 2009 Y - V Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843=8046 Fax (717) 854-4362 mmen es(a~yourlawfirmforlife.com Attorney for Defendant ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, v. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1 S 18 Civil Civil Action -Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSIONS, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: April 17, 2009 N~~-ova,, Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges (c~yourlawfirmforlife. com Attorney for Defendant 5 MAURA TOBIN DONLEY, Plaintiff v PAUL FORSYTHE D/B/A PROFORMA FORSYTHE MARKETING, DEFENDANT IN THE COURT OF C MMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LA 09-1518 CIVIL IN RE: CALL OF CIVIL LIST ORDER OF COURT AND NOW, this 2nd day of November, 2010, upon consideration of the call of the civil trial list, and counsel for the parties having called the case for trial, but having indicated that there is an outstanding motion in limine, the case shall be deemed called for trial, and counsel are requested to discuss the motion in limine with the Court at the pretrial conference. By the Court, J v, Carol Steinour Young, Esqui 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 For Plaintiff Matthew D. Menges, Esquire 145 E. Market Street York, PA 17401 For Defendant Court Administrator mae it 110 =r 1 e)-, ,?'J . > C, f Carol Steinour Young I. D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff (717) 232-8000 MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant : NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO MOTION IN LIMINE AND NOW comes Plaintiff, Maura Tobin Donley, and files the following Answer to Defendant's Motion in Limine: EVIDENCE OF DEFENDANT'S 28 YEAR OLD CRIMINAL CONVICTION 1. Admitted. By way of further response, Defendant is a felon, having been convicted of a crimen falsi, specifically Mail Fraud, 18 USC 1314. Defendant was convicted in the United States District Court for the Middle District of Pennsylvania on or about December 11, 1981 . 2. Admitted. Attached as Exhibit A is a copy of Defendant's certified record of conviction which Plaintiff intends to utilize pursuant to Pa.R.E 609(b) to impeach the credibility of Defendant. Plaintiff has previously provided notice to Defendant pursuant to Pa.R.E. 609(b). 3. Admitted in part; denied in part. By way of further response, the ten year period during which evidence of crimen falsi convictions are admissible per se runs from the later of the date of conviction or date of release from prison. Defendant was released from federal prison. on or about July 2, 1982. However, to Plaintiffs knowledge and belief Defendant remains under active federal probation subject to a restitution order issued on or about June 30, 1982 and a later restitution order issued on or about June 22, 1987. 4. Denied. Plaintiff's Complaint, and its separate counts for breach of contract and unjust enrichment, speak for themselves. 5. Denied. Defendant's conviction for Mail Fraud is highly probative of Defendant's credibility as a testifying witness regarding his version of the dispute between Plaintiff and Defendant. 6. Denied. Defendant's conviction is of high probative value with regard to his credibility. To the extent Defendant establishes some type of prejudicial effect, which Plaintiff denies Defendant has established, Defendant may request the Court to use an appropriate jury instruction such as Pennsylvania Suggested Standard Civil Jury Instruction 6.20 (Impeachment-Proof of Conviction of Crime). -2- 7. Denied. Evidence of Defendant's conviction for mail fraud is relevant and highly probative of his credibility. As such, it is admissible pursuant to the five-part test set forth in Commonwealth v. (Montez) Harris, 884 A.2d 920, 925 (Pa.Super. 2005) (citing Commonwealth v. Randall, 515 Pa. 410, 413, 528 A.2d 1326, 1328 (1987). WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Motion in Limine. EVIDENCE OF OPERATION OF GETTYSBURG CHAMPIONSHIP 8. Denied. By way of further response, it was Defendant, not Plaintiff, who brought the issue of the non-profit corporation "the Gettysburg Championship" into this litigation. Paragraph 41 of Defendant's Answer and New Matter identifies the Gettysburg Championship as a non-profit corporation. Paragraph 43 of Defendant's Answer and New Matter avers that Plaintiff was an independent contractor for the Gettysburg Championship. Defendant cannot in good faith assert that Plaintiff should be prohibited from introducing evidence regarding the entity Defendant alleges is the true party to the contract with Plaintiff. Plaintiffs position is that the Gettysburg Championship is simply the name of a golf tournament, for which the Defendant was the tournament director. In response to Defendant's Answer and New Matter, Plaintiff maintains that the non-profit corporation Defendant formed and named the Gettysburg Championship is nothing but a sham corporation and alter ego of Defendant. 9. Admitted. See Answer to Paragraph 8. -3- (a) Admitted. The Gettysburg Championship (each of the non-profit corporation and the tournament) was not registered with the Pennsylvania Bureau of Charitable Organizations. (b) Admitted. The non-profit corporation the Gettysburg Championship had not applied for nor obtained Section 501(c)(3) status from the Internal Revenue Service. (c) Admitted. The Plaintiff intends to introduce evidence as to the stated purpose of the non-profit corporation the Gettysburg Championship. (d) Admitted. The Plaintiff intends to introduce evidence as to the record keeping of the non-profit corporation the Gettysburg Championship. (e) Denied. The Plaintiff does not intend to introduce evidence as to the unrelated business transaction of the non-profit corporation the Gettysburg Championship. By way of further response, Plaintiff intends to introduce evidence as to transactions between the non-profit corporation the Gettysburg Championship and Defendant and Defendant's sole proprietorship. (f) Admitted. The Plaintiff intends to introduce evidence as to the comingling of funds between Defendant and the non-profit corporation the Gettysburg Championship. 10. Admitted. 11. Denied. Plaintiff was not aware that there was a non-profit corporation called the Gettysburg Championship until after the initiation of this action. It is specifically denied that the non-profit corporation the Gettysburg Championship is -4- separate and apart from Defendant. The non-profit corporation the Gettysburg Championship is a sham corporation and Defendant's alter ego. 12, Denied as a conclusion of law. 13. Denied as a conclusion of law 14. Denied as a conclusion of law. By way of further response, evidence with regard to the non-profit corporation the Gettysburg Championship is highly relevant in . response to Defendant's defense that Plaintiffs contract was with the corporation, not him. 15. Denied as a conclusion of law. By way of further answer, Defendant cannot use The Gettysburg Championship as a defense to Plaintiffs claim and then argue that the Gettysburg Championship is not relevant. This is an illogical and indefensible position. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Motion in Limine. EVIDENCE CONTRADICTING PLAINTIFF'S ADMISSIONS 16. Admitted that Defendant served Requests for Admission. 17. Admitted that Plaintiff responded to the Requests for Admission. Plaintiffs Answers to Requests for Admission are attached as Exhibit B. 18. Denied. While Plaintiff admits that the Gettysburg Championship is a non- profit corporation, she stated clearly, and has continued to state clearly, that she did not know this fact at the time she entered into a contract with Defendant. By way of further answer, Plaintiff denies that her response constitutes "a complete admission." -5- 19. Denied. To the contrary, Plaintiff denies that "all services were for the benefit of the Gettysburg Championship." As stated above, The Gettysburg Championship was the name of the golf tournament run by Forsythe's company and the name of a non-profit corporation. Defendant failed to identify which Gettysburg Championship in the request for admission. By way of further answer, Plaintiff provided media and public relations services for the golf tournament through a verbal contract with Defendant. At the time she entered into the contract with Defendant, she did not know the Gettysburg Championship was a non-profit organization. By way of further answer, Plaintiff denies that her response constitutes "a complete admission." 20. Denied. Remarkably, Defendant represents to this Court that Plaintiff admitted something which she actually denied. (See Exhibit B, paragraph 4.) Defendant's argument on this point is specious, at best. Plaintiff had a contract with Forsythe Pro Forma Marketing, which benefited from her services to the golf tournament. Plaintiff denies that her response constitutes an admission. 21. Denied. Again, Defendant represents to this Court that Plaintiff admitted something which she actually denied. See Exhibit B, paragraph 5. Plaintiff had a contract with Forsythe Pro Forma Marketing, which benefited from her services to the golf tournament. Plaintiff denies that her response constitutes an admission. 22. Denied. Again, Defendant represents to this Court that Plaintiff admitted something which she actually denied. See Exhibit B, paragraph 8. All of the work Plaintiff performed was for the golf tournament known as the Gettysburg Championship. -6- She did not perform any other work for Defendant. Plaintiff denies that her response constitutes an admission. 23. Admitted. 24. Denied as a conclusion of law. 25. Denied as a conclusion of law. 26. Admitted in part, denied in part. Plaintiff admits that the admissions she made are binding upon her. Plaintiff denies that Defendant's arguments set forth in the Motion in Limine constitute admissions and further denies that these are binding on her. WHEREFORE, Plaintiff Maura Tobin Donley respectfully requests that this Honorable Court deny Defendant's Motion in Limine in its entirety. McNEES WALLACE & NURICK LLC. By Carol Ste nour Yc(unO I.D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: November 9, 2010 -7- EXHIBIT A ited States of America vs.- `U-? $ahed ?7L4=?, css District Court for LPLUL--0- Qg:i T' 11E?JR___-__--?j Middle District-of Pennsylvania -J ;EFENDANIL - - - - - - - - - - - - - - -- - - - j DOCKETNO. 01 CE 81-00137-01 In the presence of the attorney for the government io1TH DAY Y'RR the defendant appeared in person on this date ?12 11 $1 COUNSEL ?J WITHOUT COUNSEL However the Court sdoised defenda,',t of -;,ht to counsel and asked -whether defendant desired to have rounsel appoir.nd by the court and ;he defeodant ,hereupon 'r:aiv-d assistance of c--el. IX 1 WITH COUNSEL L_ William C. Costopoulos, Esq^ -_---^-__--- J - (Name of counsel) t0 One Count ,f, matipri PLEA I xJ GUILTY, and the court being satin le t tat tJ NOLO CONTENDERS, I_ 1 NOT GUI LTY there is a factual basis for the plea, T GUI LTY. Defendant is discharged t INO There being a findingjmdx Xof L X1 GUILTY, Defendant has been convicted as charged of the offense(s) of ENDING & UDGMENT.. 18 U.S.C. 1314: Mail Fraud The court asked whether defendant had anything to say why judgment should riot be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the court, the court adjudged the defendant guilty as charged and convicr,,d and ordered that: The defendant is herehy committed to the custody of the Attorney General or his authorized represenrative for imprisonment for a period of four years. ;GNTENCE OR ROBATION ORDER SPECIAL )NDITIONS' or MATION DITIONAL %.NDITIONS OF ;08ATION `.IMITMENT COMMEN- )ATION FlLEt3 HARRISBURG, PA. tare ?.1 I?U? i sir ..??.,.?t; V?. _ --'.?, ?.G?• ? .'] DONALD R BERRY, CLERK PER..:.:....... .:. .; DEFJiY CLERK to addition to the special conditions of probation imposed above, it is hereby ordered that the genera; conditions of. probation sat out on ti-e reverse side of this judgment be imposed. J he Court may change the conditions of probation, reduce or -,tend the period of probation, end at any time during the probation period or within a maximum probation period of five years permitted uy law, may issue a wartdnt and reyo.:c probat;on for a violation occurring during the probation period, The court orders commitment to the custody of the Attorney General and recommends, ;NED BY U.S. District Judge .-? u. S. t.tao;st, atz -"..`'""'-f%??r'-C , lvia H. Rambo Date 12/11/81 It is ordered that the Clerk deliver a certified copy of this judgment f and commitment to the U'.+. 2:1ac. I shal or other qualified offic6r. certified from 9MMUMM" ,'4 -,J6 r. DAndrea, Clerk 14 Per ra1 Daputy? Clerk UNITED STATES OF AMERICA VS. PAUL M. FORSYTHE, JR. O R D E R CRIMINAL, NO. 51-00137-01 AND NOW, this 30th day of June 1982, the Judgment the above case, imposed on December 11, 1981, reading: FILED HARRISBURG, PA. JUN 301982 DONALD R.p LERh and Sentence ntm drewc The defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a term of four (4) years. is hereby amended to read: The defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a term of four (4) years; and on condition that the defendant be confined in a jai!-type or treatment institution for a period of six months, the execution of the remainder of sentence of im- prisonment is hereby suspended and the defendant placed on pro- bation for a period of five years, to commence upon the defendant's release from confinement. The defendant shall, during the period of probation, conduct him- self as a law-abiding, industrious citizen, and abide by all general and special conditions of probation prescribed by the Court. As a special condition of probation, the defendant shall make restitution, through the Clerk of the Court, to the Connecticut General Life Insurance Company, Hartford, Connecticut, in the sum of $302,301.79. The restitution may be paid in installments as _ arranged with the Probation Office. As a further special condition of probation, the defendant shall apply toward restitution,as soon as possible, the full amount of money available to him from his Connecticut General Life Insurance Company retirement plan. f ertified from the mood Date 5 - io d 4 M ry E. D'Andres, flak 14 A_ SYL A IS . R MBO Deputy Clark Un TED TATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 4C? ? HARR??SeURG p UNITED STATES DISTRICT COURT 3 fG3 FOR. THE MIDDLE DISTRICT OF PENNSYLVANIA ALD PER ?_,?RY, CLFRK UNITED STATES Or AMERICA Y CLERK V. ) CRIMINAL NO. 81-00137-01 PAUL M. FORSYTHE, JR. ) AGREEMENT REGARDING UNPAID RESTITUTION The following agreement is entered into by Paul M. Forsythe., Jr.`, a defendant in t?,e above-captioned case, in recognition of his obligations to the victim to whom restitution is owed based upon the offenses charged at the above-captioned number and the judgment and commitment entered 'by the District Court in the above-cantione.d case.. In recognition of these. obligations, and fully intending to be legally bound, the defendant acknowledges and agrees as follows: 1. On December 11, 1981, the defendant was sentenced based on his conviction at the above-captioned criminal number. On June 30, 1982, United States District Judge Sylvia H. Rambo directed the defendant, as a condition of probation, to make restitution in the amount, of $302,301.79 to the Connecticut General Life Insurance. Company, Hartford, Connecticut, over a Deriod of Probation of five years. 2. The defendant acknowledges that he has failed to comply with the re.stitutionary portion of the Court's sentence a that he presently owes the victim the amount of. [ I S It 2-?-p- 7y rertfied from the r9cord Date -ScQ Y i_O - aty E. D'Andres, Clem Per -? Deputy Clerk 3. The United States Probation Office has determined that in consideration of the defendant agreeing to fulfill his re.stitutionary obligations under the above-described sentence., consideration will-be given to allowing the defendant's probationary period to expire as originally set by the Court. The defendant realizes that his failure to pay the above re.stitutionary obligation could form a basis for the revocation of probation and resentencing by the District. Court. 4. Based on the above., and in consideration of forbearance. on immediate execution upon assets owned by the defendant, the defendant hereby agrees to make res titutionary payments at this time of $100 a month directly to the Connecticut General Life Insurance Comnanv. Restitution payments are to increase in amount in the future as the, defendant's ability to pay increases. 5. The defendant further agrees and confesses judgment for the. total unpaid restitution in the amount of2.g&-,22_4o.7 a' authorizes the named victim, or its attorney, to enter judgment against him for said amount. It is the defendant's intention that he be bound by this confession of judgment and that judgment be entered pursuant to Rule 2951(a) of the PA Rules of Civil Procedure. efendan-e Witness ?0 L f`7 Date. EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Arbitration Requested Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION Pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the Plaintiff, Maura Donley (hereinafter "Plaintiff"), hereby submits the following response to Defendant's Request for Admissions REQUESTED ADMISSION A. "That the following statements are true: 1. Admitted. Byway of further clarification, Plaintiff was first made aware of the non-profit status of the Gettysburg Championship through a correspondence from Defendant's attorney, Attorney Menges, in a letter dated January 20, 2009. 2. Admitted. By way of further clarification, Plaintiff was made aware of the incorporation date of The Gettysburg Championship during a hearing in front of The Honorable Robert Manlove, Magisterial District Judge (09-1-02) on February 23, 2009 when Defendant submitted the Articles of Incorporation into evidence. 3. Admitted in part, denied in part. Plaintiff denies that this has any bearing on the causes of action set forth in Plaintiff s Complaint. By m=ay of further answer, Plaintiff had a contract with Mr. Forsythe and in the alternative, plaintiff performed services for Mr. Forsythe. 4. Denied. Plaintiff worked directly for Defendant Mr. Paul Forsythe, d/b/a Proforma Forsythe Marketing. . 5. Denied. Plaintiff worked directly for Defendant Mr. Paul Forsythe, d/b/a Proforma Forsythe Marketing. 6. Admitted. 7. Admitted in part and denied in part. Plaintiff admits that she did enter into a verbal agreement with Defendant for services related to The Gettysburg Championship. Plaintiff denies that the Defendant was acting as the Executive; Director. To the contrary, Defendant was the Tournament Director. By way of further answer, this fact has no bearing on Plaintif#'s causes of action set forth in the Complaint. 8. Denied. Plaintiff's services were much broader than "disseminating" .information. See original complaint for services provided. Respectfully submitted, Maura Donley, Pro Se 1140 Dunlin Court Mechanicsburg, PA 17050 (717) 574-5918 mauradonl eykeomcast.net VERIFICATION I verify that the statements made in these Reply to Defendant's First Set of Requests for Admission are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma : Forsythe Marketing, Arbitration Requested Defendant. CERTIFICATE OF SERVICE 1, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Reply to Defendant's First Set of Requests for Admission was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC' 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 Maura Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secr ry to Carol Steinour Young Dated: November 9, 2010 MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 09-1518 CIVIL PAUL FORSYTHE d/b/a : PROFORMA FORSYTHE MARKETING, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held November 10, 2010, were Carol Steinour Young, Esquire, attorney for the plaintiff, and Matthew D. Menges, Esquire, attorney for the defendant. This is a claim involving the breach of a verbal contract which the plaintiff alleges she had with the defendant, Paul Forsythe. The defendant has contended that he is not a proper defendant in the case but, instead, the plaintiff's agreement was with a corporate entity known as The Gettysburg Championship. The defendant has filed various motions in limine. These matters are left to the trial judge. This trial should be of no more than two days' duration with each side having four peremptory challenges. Kevin ess, J. Carol Steinour Young, Esquire J For the Plaintiff o =' Matthew D. Menges, Esquire For the Defendant "' 4 ?MM Court Administrator :rlm __ ?.. MAURA TOBIN DONLEY, Plaintiff V PAUL FORSYTHE d/b/a . PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09-1518 CIVIL TERM IN RE: DIRECTED VERDICT ORDER OF LOUR AND NOW, this 6th day of Decomber, 2010, we direct a verdict in this case, and therefore enter judgment in favor of the plaintiff aid against the defendant in the amount of $7,100.00 together with interest at the legal rate from and after August 30,Ii2008. By Ithe Court, Carol Steinour Young, Esquire For Plaintiff thew D. Menges, Esquire For Defendant :bg oz Cr, fic) z o? I ?y co 1 A- ` ! ` V J?JJ Q CO LL I II ? ( V C ? /? L) ,r. ' FILED-OFFICE OF THE PROTHONOTARY 21 l i 7 A Carol Steinour Young I.D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR AWARD OF COUNSEL FEES FROM AND AGAINST DEFENDANT AND DEFENDANT'S COUNSEL, JOINTLY AND SEVERALLY, PURSUANT TO SECTION 2503 OF THE PENNSYLVANIA JUDICIAL CODE Plaintiff Maura Tobin Donley, through counsel, hereby petitions this Honorable Court to award to her counsel fees pursuant to Section 2503 (7) and (9) of the Pennsylvania Judicial Code, 42 Pa. C.S. §2503(7), (9), from and against Defendant Paul Forsythe and Defendant's counsel Menges, McLaughlin & Kalasnik, P.C., jointly and severally, and in support thereof, states and avers as follows: .WI 1. On December 6, 2010, following a jury trial, this Court entered a directed verdict in favor of Plaintiff Maura Tobin Donley and against Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing "in the amount of $7,100.00 with interest at the legal rate from and after August 30, 2008." See Order of Court, filed December 8, 2010. 2. This matter arose more than two years earlier, when Defendant failed to fully pay Plaintiff for work she performed for Defendant in connection with the Gettysburg Championship, a professional golf tournament held in August 2008. Plaintiffs complaint in Magisterial Court 09-1-02 was resolved in her favor in February 2009. Upon Defendant's appeal and rule to file complaint, Plaintiff filed a Complaint with this Court on or about April 2, 2009. 3. Based on her knowledge of the facts of her contract with Defendant Forsythe, Defendant Forsythe's testimony at the hearing before District Magistrate Manlove', and Defendant Forsythe's counsel's assertions that "The Gettysburg Championship" was a non-profit corporation, Plaintiff identified the Defendant in her Complaint as "Paul Forsythe d.b.a. Proforma Forsythe Marketing." Plaintiff did not name "The Gettysburg Championship" as a party in her complaint as she did not believe she entered into a contract with that entity. 4. Plaintiffs testimony throughout this case, corroborated by Defendant's testimony before this Court, was that Plaintiff believed she was contracting with Defendant and Defendant's marketing business to provide public relations services for a Forsythe testified that the Gettysburg Championship had no money. Defendant also testified that he comingled funds between himself and the Gettysburg Championship. -2- j' golf tournament called the Gettysburg Championship and that she was unaware Defendant had incorporated a non-profit corporation under the same name until Defendant's counsel informed her of that fact by letter dated January 20, 2009. 5. Defendant's only defense was to assert that he did not contract with Plaintiff in his individual or sole proprietorship basis but did so only on behalf of the non- profit corporation.2 6. Nothing in Defendant's testimony supported this defense whatsoever. The conduct of Defendant and Defendant's counsel in maintaining this specious defense as their sole argument against Defendant's liability to Plaintiff was in bad faith or otherwise arbitrary, dilatory, obdurate and/or vexatious. 7. Defendant and Defendant's counsel conducted themselves in bad faith, and in a dilatory, obdurate, arbitrary and vexatious manner throughout the entire proceeding. 8. In fact, from the beginning of the litigation, Defendant's counsel seemed intent on avoiding a resolution on the merits of this case, and instead sought to make this litigation costly and protracted, without a reasonable basis for the legal positions he took. 9. At the commencement of this litigation, Plaintiff acted pro se. 2 In Paragraphs 41-43 of Defendant's New Matter, Defendant asserted "At all times relevant to Plaintiffs Complaint, Forsythe was acting as the Executive Director of a non-profit corporation known as the Gettysburg Championship. At no time relevant to Plaintiffs Complaint was Forsythe acting individually or as a representative of Proforma Forsythe Marketing. At all time [sic] relevant to Plaintiffs Complaint, Defendant was an independent contractor to the Gettysburg Championship." -3- Alp 10. Before the District Justice hearing, Defendant's counsel sent a letter to Plaintiff, threatening to file sanctions against her if she did not withdraw her complaint against Defendant: "Accordingly, your suing [Mr. Forsythe] personally is out of line. You certainly have every right to sue Gettysburg Championship who I believe may have entered into this contract with you relative to the payment of your services. However, Duff Forsythe, individually has no obligation to pay and you should not be suing him personally." Counsel went on to request that Plaintiff amend her complaint to drop Mr. Forsythe individually or they "may counterclaim for attorney's fees for your filing suit against the wrong entity..." See Exhibit A, letter of N. Christopher Menges, to Plaintiff, dated January 20, 2009. This pattern of threats and harassment continued throughout the litigation. See Exhibit B. 11. While acting pro se, Plaintiff served Defendant with discovery requests. 12. Despite the obvious relevance of the "non-profit corporation known as the Gettysburg Championship" Defendant's counsel obdurately and vexatiously opposed Plaintiffs efforts to conduct discovery related to the non-profit corporation the Gettysburg Championship. 13. Defendant's counsel objected to Plaintiffs interrogatories and requests for production of various documents relating to the corporate entity the Gettysburg Championship (such as bylaws, tax returns and financial documents) by stating "Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not -4- i a party to this action." However, the discovery was directed to Defendant, not the non- profit corporation and Defendant (and Defendant's counsel) possessed the information sought to be discovered. See Exhibit C. 14. Defendant also denied the existence of any documents responsive to the requests, or objected on the basis of relevance. See Exhibit C. 15. Despite the fact that discovery was not yet complete, and that he had objected to properly served discovery without a reasonable basis to do so, Defendant's counsel filed a Motion for Summary Judgment. 16. In response to Defendant's counsel's bullying, threat to seek counsel fees and subsequent threats to report Plaintiff to the Disciplinary Board3, when Defendant filed his Motion for Summary Judgment in July 2009, Plaintiff, a then admitted but non- practicing attorney, felt it necessary to obtain counsel to maintain her claim against Defendant. Had it not been for these multiple threats, Plaintiff would not have obtained counsel and would not have incurred counsel fees to pursue her claim. 17. The undersigned attempted to persuade Defendant's counsel that the matter was not yet ripe for summary judgment, but Defendant's counsel refused to withdraw the motion and threatened Plaintiff with sanctions for pursuing the cause of action: Rather than asking me to withdraw my Motion you should be asking your client to withdraw her Complaint, as she has no facts to support a contract between she and Mr. Forsythe. I humbly suggest that you review my Brief and case law cited therein carefully when I serve it on you late next week. Given the circumstances of this action, particularly your client's 3 See Exhibit B, letters from Matthew Menges to Plaintiff dated April 17, 2009, May 8, 2009 and June 4, 2009. -5- failure to name the Gettysburg Championship as a Defendant, I am inclined to advise my client to request attorneys fees based on inter atia vexatious and dilatory conduct. Now that you are representing her, you would certainly be at risk in continuing this litigation. (Emphasis added, italics in original). See letter dated August 21, 2009 attached as Exhibit D. 18. With respect to discovery, Defendant's counsel insisted to the undersigned that he did not object to answering the discovery requests directed to the Gettysburg Championship, a non-party, but merely wanted Plaintiff to follow the Rules of Procedure with respect to non-party related discovery. See correspondence dated August 21, 2009, attached as Exhibit D. 19. Pursuant to the Pennsylvania Rules of Civil Procedure and counsel's correspondence described in Paragraph 18, Plaintiff served Defendant's counsel with a Notice of Intent to serve a subpoena on the Gettysburg Championship, which is the proper procedure to follow in order to obtain non-party related discovery. 20. Defendant's counsel filed an objection to the subpoena on the basis that the information was not relevant and was not reasonably calculated to lead to the discovery of admissible evidence. This was directly contrary to the representations made in his letter dated August 21, 2009 and referenced in Paragraph 18 above. See Exhibit D. 21. Having received objections to most of her discovery requests, Plaintiff was forced to file a motion to compel responses by Defendant. 22. By order dated November 10, 2009, this Court granted Plaintiffs motion and ordered Defendant to produce the discovery requested. -6- 23. By order dated October 14, 2009, this Court denied Defendant's motion for summary judgment on the basis that there are disputed issues of fact. 24. Defendant, true to his pattern of obdurate, dilatory and vexatious behavior, filed a motion to certify the order for interlocutory appeal, even though there are no "controlling issues of law" which are in dispute. 25. Further, Defendant's counsel blatantly ignored the documents of record in this case in which his client admits he owes the outstanding debt to Plaintiff. 26. Defendant continued this pattern of obdurate, dilatory and vexatious behavior by filing a motion in limine to preclude Plaintiff from introducing evidence at trial with regard to the operations of the Gettysburg Championship - the key element of the defense. 27. Plaintiff had to incur fees to respond to this Motion, which was poorly conceived and rejected out of hand by this Court (which referred to the argument as "baffling") 28. At this point, we respectfully remind the Court that the testimony of both Plaintiff and Defendant, as well as the documentary evidence introduced at the trial in this case, established as a matter of law the existence of the contract between Plaintiff and Defendant individually such that this Court entered a directed verdict for the Plaintiff for Defendant's breach of the contract. Thus, despite the relentless and over the top defense of this case, the facts were undisputed -that Plaintiffs contract was with Defendant individually. -7- 29. Nonetheless, despite this uncontroverted fact, throughout the litigation Defendant's counsel chose to ignore any evidence supporting Plaintiffs claim against Forsythe individually and created out of thin air a defense of their choosing - that Plaintiffs contract was with the corporate entity. This assertion was based on smoke and mirrors, conflating the golf tournament called the Gettysburg Championship with Defendant's corporation of the same name. However, Defendant and his counsel never presented any evidence whatsoever to show that Plaintiff knew there was a corporate entity with that name, much less that she intended to enter into a contract with that entity. 30. Thus, Defendant's and his counsel's assertions throughout this case4 that Plaintiff "has no facts to support a contract between she and Mr. Forsythe" cannot be considered simply zealous advocacy. Defense counsel's ignorance of the facts can arise only from one of two causes. Most charitably, despite the obligations of Pa. R.C.P. 1023.1(c) and Rules 3.1 and 3.3 of the Rules of Professional Conduct, defense counsel could have failed to adequately investigate the factual assertions made by both Plaintiff and Defendant or otherwise erred in determining that the proposed defense had evidentiary support. Less charitably, Defendant and his counsel could have intentionally decided to act through threats and bullying tactics, to delay the matter by obstructing discovery and by filing frivolous motions with the intent of needlessly 4 See also Defense counsel's statements quoted in Paragraph 13 above. Defense counsel made similar assertions in his Motion for Summary Judgment (see.e.g., Paragraphs 13-19 and 25-31), Brief in Support of Motion for Summary Judgment (e.g. page 4-6), -8- increasing the time and expense for Plaintiff to maintain her action in order to force Plaintiff to abandon her claim. 31. Absent targeted discovery to Defendant as to his attorney's intentions, Plaintiff cannot determine the actual cause for their conduct. Plaintiff only knows that she was forced to incur significant attorneys' fees for a $7,100 claim despite her success at every step, before the District Magistrate, in opposing Defendant's Motion for Summary Judgment, before an arbitration panels and at trial. Plaintiff respectfully submits that an inquiry into Defendant and his counsel's intent is unnecessary as their actions establish sufficient bad faith and actual obdurate, arbitrary, dilatory and vexatious conduct to justify an award of counsel fees pursuant to Section 2503(7) and (9). 32. Counsel for Plaintiff has represented Ms. Donley in as cost effective a manner as possible. Plaintiff did not conduct a single deposition and served minimal discovery requests. The bulk of Plaintiffs legal costs were incurred in responding to Defendant's vexatious and dilatory discovery objections, in opposing his specious motions for summary judgment and certification for interlocutory appeal, in presenting the case before the board of arbitrators, opposing a largely frivolous motion in limine and preparing for and trying the matter before a jury. The legal fees to date are After the denial of Defendant's Motion for Summary Judgment, the matter was heard by a board of arbitrators at which Plaintiff prevailed. At this point, Plaintiff made a gracious offer to settle the case for $7,225 (the $7,100 contractual amount and costs of $125) by waiving her right to prejudgment interest in the amount of $781.00. Nonetheless, Defendant appealed and the matter proceeded to a jury trial. Defendant's sole "settlement" offer throughout this litigation was made before the District Magistrate hearing, at which time the Defendant, through counsel, offered to stipulate to entry of judgment against the Gettysburg Championship non-profit corporation (when Defendant's counsel knew the Corporation had no funds) in return for Plaintiff dropping her action against Defendant in his individual capacity. -9- $$13,257.00 and are detailed in Exhibit E. This amount does not include time spent in researching and preparing this Petition on this issue of counsel fees. 33. Section 2503 of the Judicial Code, 42 Pa. C.S. § 2503 provides that certain litigants "shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: (7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. (9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith." 42 Pa. C.S. §2503(7), (9). 34. An award of counsel fees is intended to reimburse an innocent litigant for expenses made necessary by the conduct of an opponent. Am. Mut. Liab. Ins. Co. v. Zion & Klein, P.A., 339 Pa. Super. 475, 489 A.2d 259 (1985). 35. A court can sanction a defendant and his counsel, jointly and severally, under Section 2503, where the attorney's conduct is vexatious or in bad faith. Pursuing a claim or defense with no reasonable possibility of success and prolonging litigation justifies award of counsel fees under 42 Pa. C.S. §2503. In re: Estate of John Liscio, 432 Pa. Super. 440, 638 A.2d 1019 (1994), appeal denied 539 Pa. 679, 652 A.2d 1324 (1994) (relying on Simmons v. City of Phila., 80 Pa. Commw. 354, 471 A.2d 909 (1984)). -10- 36. Vexatious conduct is defined as conduct "instituted without sufficient grounds and serving only to cause annoyance." Santoro v. City of Philadelphia, 59 Pa. Commw. 114, 121, 429 A.2d 113, 117 (1981). 37. Because the language of Section 2503 is disjunctive, a trial court can award counsel fees if it determines the questioned conduct was either arbitrary, vexatious, or in bad faith. In re Estate of Roos, 305 Pa. Super. 86, 451 A.2d 255 (1982) ("Bad faith, as that term has been defined, is 'fraud, dishonesty, or corruption."' Frick v. McClelland, 384 Pa. 597, 600, 122 A.2d 43, 45 (1956) (quoting McNair's Petition, 324 Pa. 48, 187 A. 498, 106 A.L.R. 1373). Additionally, the word "arbitrary" means "based on random or convenient selection or choice rather than on reason or nature."). 38. "A party's conduct has been vexatious if he brought or continued a lawsuit without legal or factual grounds and if the suit served only to cause annoyance. Obdurate is defined, inter alia, as'unyielding; stubborn."' Scalia v. Erie Ins. Exch., 878 A.2d 114 (Pa. Super. 2005) (citations omitted). 39. As long as the hours billed and hourly rate are reasonable, it does not matter whether the recoverable attorneys' fees are disproportionately large in relation to the verdict as Pennsylvania does not have a rule of proportionality when counsel fees are recoverable by statute. Ambrose v. Citizens Nat'l Bank of Evans City, 5 A.3rd 413 (Pa. Super. 2010). 40. An evidentiary hearing is not required when the facts supporting the vexatious, arbitrary, dilatory or obdurate conduct are undisputed. Kulp v. Hrivnak, 756 A.2d 796 (Pa. Super. 2000). In this case, an evidentiary hearing is particularly -11- unnecessary as the Defendant and Defendant's counsel conduct at trial established the type of conduct justifying an award of counsel fees. 41. As support for a specific finding to establish bad faith, Plaintiff refers the Court to Defendant's testimony at trial. Defendant testified that he knew as early as July 2008 he would not have sufficient funds to pay Plaintiff, yet he continued to request and accept her services. That testimony alone is sufficient evidence of bad faith to award counsel fees to Plaintiff. 42. The undersigned counsel has attached a Declaration setting forth the hours spent and the standard billing rate for breach of contract cases. See Exhibit F. 43. Plaintiff also incurred costs in the amount of $303.02. WHEREFORE, Plaintiff respectfully requests that this Court award Plaintiff her attorneys' fees in the amount of $13,257.00 and costs in the amount of $303.02, and enter an Order jointly and severally against Defendant and Defendant's counsel. Respectfully submitted, McNEES WALLACE & NURICK LLC By Carol Steinour Yo I.D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: January 6, 2011 -12- Verification I, Maura Tobin Donley, on this 4`" day of January 2011, hereby verify that the facts contained in the foregoing PLAINTIFF'S PETITION FOR AWARD OF COUNSEL FEES PURSUANT TO 42 PA.C.S. § 2503 FROM AND AGAINST DEFENDANT AND DEFENDANT'S COUNSEL are true and correct to the best of my knowledge, information and belief. I make this Verification subject to the penalties of Section 4904 of the Crimes Code, 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ?? ?'?I? MENGES McLAUGHLIN KALASN I K. P.c. ATTORNEYS AT LAW Sender's Email (',%IengeS(«?yourla\vfirmforlitc.com January 20, 2009 (Dictated on January 19, 2009) Ms. Maura Donley 1 140 Dunlin Court Mechanicsburg, PA 17050-8335 Re: Maura Donley v. Duff Forsythe Docket No. CV-0000003-09 Dear Ms. Donley: N. CHRISTOPHER MENGES SHA\N'N P. MC'LAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHU,x B. BODENE MAT'THEw D. MENGES Relative to the above-referenced matter, please be advised that this office represents the Defendant, Duff Forsythe. Mr. Forsythe has entered a defense at District Justice Manlove's office and intends to take this matter to a hearing. I wish to advise you that Gettysburg Championship is a non-profit corporation organized under the Non-Profit Corporation Law of the Commonwealth of Pennsylvania and that Mr. Forsythe was merely an officer thereof. Accordingly, your suing him personally is out of line. You certainly have every right to sue Gettysburg Championship who I believe may have entered into this contract with you relative to the payment of your services. However, Duff Forsythe, individually has no obligation to pay and you should not be suing him personally. would ask that you contact District Justice Manlove's office and advise the District Justice that you wish to amend your Complaint to drop Mr. Forsythe individually and to file suit instead against Gettysburg Championship. (Continued on Page 2) PLEASE RF.i,i.Y To: 1 145 EAsr M NRKt.r S wi rn J 18 EAsr KING Srab6?r 2ND FLUOR -1211 KENNEDY COI'RT SLrrt: 8 YORK. PA 17-101 LAM ASII%R. PA 17602 H:\xrnrR. PA 17331 Pit 717-843-8046 hi 717-560-5068 1)1 717-632-1784 FAx 717-85-1--3362 F\x 717-735-7709 Fix 717-632-2433 TOU. FRt+ 1 866--36-3-5_'97 TOi.L Farr: 1-866-464-5297 TOLL FREE 1-866-632-1784 Email 1'ixk(?'YrnirL.Iti_Fi_rln?=??rLifc.?um Email Lancaster(«'Yo?urLawFirmForLife.com Email Hanover((! YOUrLa?k'FirmFoi-Life.com ?v wNv .Yot?itL.??N FIRNiFoRLIFF.COn? Page -2- January 20, 2009 Letter to Ms. Donley If you do not do that within twenty (20) days of the date of this letter, we will have no choice but to contest the suit on behalf of Mr. Forsythe individually. In addition, we may counterclaim for attorney's fees for your filing suit against the wrong entity and the matter will get quite complicated with a hearing and so forth. I strongly advise you to either amend your suit so that Mr. Forsythe is not being sued individually or to take this letter to your attorney. Thank you. Very truly yours, Menges, McLaughlin & Kalasnik, P.C. N. Christopher Menges NCM/ill ,,IF AiENGES MCLAUGHLIN KALASNIK. P.c. ATTORNEYS AT LAw April 17, 2009 Maura Donley, Esquire 1140 Dunlin Court Mechanicsburg, PA 17050 RE: Donley v. Forsythe Cumberland County CCP No. 09-1518 Civil Dear Ms. Donley: N. CHRISTOPHER MENGES SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES Writer's email: mmenges@yourlawfirmforlife.com Enclosed herewith for service upon you please find Defendant, Paul Forsythe d/b/a Proforma Forsythe Marketing's, Answer and New Matter, First Set of Interrogatories, Request for Production of Documents, and Request for Admissions. Please respond to same within the time allowed by the Pennsylvania Rules of Civil Procedure. According to the Certificate of Service you filed April 6, 2009, you served a copy of your Complaint directly upon my client, a represented party. This is the last such violation of the Rules of Professional Conduct that I will tolerate before referring your action to the disciplinary board. I entered my appearance for Mr. Forsythe prior to your mailing the Complaint, making your action clearly improper. If you wish to discuss this matter, please do not hesitate to contact me. Thank you. Very truly yours, Matthew D. Menges Pc: Mr. Paul Forsythe Enc.: Answer/New Matter Interrogatories RFPOD Admissions PLEASE REPLY TO: 145 EAST MARKET STREET ? 18 EAST KING STREET 2ND FLOOR ? 211 KENNEDY COURT SUITE 8 YORK, PA 17401 LANCASTER, PA 17602 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourLawFirmForLife.com Email Lancaster@YourLawFirmForLife.com Email Hanover@YourLawFirniForLife.com W W W.YOURLAwFIRMFORLIFE.COM MENGES MCL,AUGHLIN KALASNIK, P.c. ATTORNEYS AT I.AW May 8, 2009 Maura Donley, Esquire 1140 Dunlin Court Mechanicsburg, PA 17050 RE: Donley v. Forsythe Dear Ms. Donley: N. CHRISTOPHER MENGES SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES Writer's email: mmenges@yourlawfirmforlife.com I have received your letter dated May 6, 2009. I suggest that you review the Pennsylvania Rules of Professional Conduct, specifically Rule 4.2, in preparation of your defense of the disciplinary Complaint that I must now file. Unfortunately, you have given me no choice, as Rule 8.3 (a) states that I have the positive duty to report your violation of professional conduct to the Disciplinary Board. Had you simply acknowledged that you erred, it would not raise a substantial question as to your honesty, trustworthiness, or fitness as a lawyer; therefore, my report would not be required. However, your reply indicates that you have every intention of proceeding in violation of the Rules of Professional Conduct and, thus, I have no choice but to report this violation. Of course, if you feel that you have not violated the Rules of Professional Conduct, then you should feel comfortable in your position before the Disciplinary Board. Thank you. Very truly yoursl,? Matthew D. Menges MDM/rmp PLEASE REPLY TO: 145 EAST MARKET STREET ? 18 EAST KING STREET 2ND FLOOR ? 211 KENNEDY COURT SUITE 8 YORK, PA 17401 LANCASTER, PA 17602 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourLawFirmForLife.com Email Lancaster@YourLawFirmForLife.com Email Hanover@YourLawFirmForLife.com W W W.YOURLAWFIRMFORLIFE.COM MENGES MCL.AUGHLIN KALASNIK. P.c. ATTORNEYS AT LAw Ms. Maura Donley 1140 Dunlin Court Mechanicsburg, PA 17050-8335 N. CHRISTOPHER MENGES SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES Writer's email: mmenges@yourlawfirmforlife.com June 4, 2009 (Dictated on June 2, 2009) RE: Donley v. Gettysburg Championship, et al. Dear Ms. Donley: Enclosed herewith please find for service upon you Defendant's Answers to Plaintiff's First Set of Interrogatories and Defendant's Responses to Plaintiff's Request for Production of Documents. With respect to my earlier correspondence stating that I would be reporting your conduct to the disciplinary board, upon further reflection I have decided to withhold that complaint at this time. While the statement in your letter does indicate that you do not intend to comply with the Rules of Professional Conduct, I note that your Certificate of Service indicates that you have only served your responses to discovery upon me on behalf of my client. Accordingly, while you have stated your intend to not comply with the rules, you have, in fact, complied with the rules. Therefore, I do not believe that a report would be appropriate as of yet. Moving to your responses to my discovery, I would like to verify that you are objecting to certain information that we have requested. First, you have objected to our Interrogatory number 3, citing the attorney work-product doctrine. Further, you have objected to Interrogatory number 12 stating that it is "overly broad and unduly burdensome." You also state that response would violate attorney work-product doctrine. Further, you objected to our Request for Production of Document number 5 based on your perception that your 2008 tax return is not "relevant to the action, nor reasonable calculated to lead to the discovery of admissible information." I will address each of these in reverse order. First, with respect to the 2008 personal tax return, you attached an exhibit to your Complaint which stated that you "donated" a certain amount of time, and therefore money, to the Gettysburg Championship. By making the allegation that you donated your time and/or money to a non-profit organization, you have now made your personal tax return relevant. Specifically, it is relevant for me to determine whether you did, indeed, list that time and/or money as a charitable donation on your 2008 tax return. The gravamen of your Complaint is that you were not aware that the Gettysburg Championship was a non-profit corporation. Whether or not you claimed a charitable donation to the Gettysburg Championship in your 2008 tax return relates directly to your knowledge as to its existence as a non-profit corporation. Accordingly, your 2008 tax return is relevant, and if you will not agree to provide it, then I will consider a Motion to Compel discovery of this information. (Continued on Next Pagel PLEASE REPLY TO: 1$145 EAST MARKET STREET ? 18 EAST KING STREET 2ND FLOOR ? 211 KENNEDY COURT SUITE 8 YORK, PA 17401 LANCASTER, PA 17602 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourLawFimiForLife.com Email Lancaster@YourLawFirmForLife.com Email Hanover@YourLawFirmForLife.com W W W.YOURLAwFIRMFORLIFE.COM Letter to Maura Donley June 3, 2009 Page -2- Turning to Interrogatory number 12, you have objected based on the Interrogatory being overly broad and unduly burdensome. I disagree. This Interrogatory only requires you to name and identify those people who have provided you information upon which you base your claim. Further, this Interrogatory does not require a violation of the attorney work-product. For your edification, the attorney work-product doctrine only covers information which is formulated in the process of an attorney representing a client. Therefore, it does not cover factual information such as I have requested in Interrogatory number 12. Further, it only applies when you have an attorney representing a client. Because you are a pro se litigant, you simply do not have this protection. As to Interrogatory number 3, the same principles apply to your objection based on attorney work- product. Further, the Rules of Civil Procedure require you to indentify your exhibits for use at trial. While you may not have concretely identified what those exhibits may be at this point, these Interrogatories are ongoing in nature, and as you identify your exhibits, I expect, as the Rules of Civil Procedure require, that you will disclose these. Again, I am asking you to please answer Interrogatories 3 and 12 in the Defendant's First Set of Interrogatories Directed to Plaintiff. Further, I am asking you to provide your 2008 tax return in response to request number 5 as stated in Defendant's First Request for Production of Documents Directed to Plaintiff. If you do not comply with these requests, I will consider filing a Motion to Compel Discovery. If I am forced to do that, I will have no choice but to seek sanctions and attorneys fees on behalf of my client. As always, if you wish to discuss this matter, please do not hesitate to contact me. Thank you. Very truly yours, K"Vv Matthew D. Menges MDM/rmp Enc.: Defendant's Responses to Plaintiff's Request for Production of Documents Defendant's Answers to Plaintiff's First Set of Interrogatories b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. DEFENDANT'S RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS General Obiections 1. Defendant objects to each request for production of documents to the extent that it seeks information protected from discovery by the attorney/client privilege, work-product doctrine or any other applicable privilege. 2. In the event that Defendant produces any privileged or confidential document in response to this or other discovery, the production of such documents is not intended as, and shall not be deemed, a waiver by Defendant or its attorneys of any privilege as to the document or the subject matter thereof, nor does Defendant by producing any document, waive its right to assert the privileged or confidential status of any other document that Plaintiff has requested or may subsequently request. 3. Defendant objects to each request for production of documents to the extent that it seeks to impose on Defendant any obligation other than those set forth in the Pennsylvania Rules of Civil Procedure and applicable case law. 4. Defendant has not completed either its discovery or preparation for the trial of this 1 matter. Accordingly, these responses are made without prejudice to Defendant's right to produce additional information or documents hereinafter obtained or found. 5. Defendant objects to each request for production of documents to the extent that it seeks to have Defendant particularize facts obtained from documents where Plaintiff is equally able to derive said facts from each such document. 6. Defendant objects to each request for production of documents to the extent that it seeks to have Defendant produce facts or information that are matters of public record or otherwise equally available or are of greater availability to Plaintiff. 7. The Defendant reserves generally the right to supplement these responses in a timely fashion in such a manner as not to delay the effective trial of this matter as certain information may be recalled subsequent to the date of these responses and/or may have been inadvertently omitted herefrom, due to clerical error or otherwise, or may first become known or available or applicable subsequent hereto. RESPONSES TO DOCUMENT REQUESTS 1. Any and all DOCUMENTS referenced in your Answers to Plaintiff's First Set of Interrogatories. ANSWER: None. 2. Any and all DOCUMENTS YOU allege create, describe, clarify, define, reference, or in any other way refer to any element of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. ANSWER: None. 3. Any and all notes, memorandum, summaries, or other DOCUMENT of which you have knowledge or possession which refer to any conversation which YOU allege constitute any elements of the verbal agreement YOU allege between Plaintiff and The Gettysburg Championship. ANSWER: None. 2 4. Any and all notes, memorandum, summaries, email, or other DOCUMENT of which you have knowledge or possession which refers to any COMMUNICATION YOU had with any other PERSON with respect to the instant action. ANSWER: Objection. This Request is overly broad and places an undue burden on the answering party. 5. The By-laws of non-profit organization, The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 6. Any and all notes, memorandums, summaries, emails, meeting minutes, or other DOCUMENT, of which you have knowledge or possession related to the business and operations of the non-profit The Gettysburg Championship. ANSWER: Objection: This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 7. Any and all written agreements between YOU and the non-profit entity, The Gettysburg Championship. ANSWER: None. 8. Any and all accounting DOCUMENT related to the operations and business of The Gettysburg Championship including, but not limited to, Financial Statements, Balance Sheets, Revenue and Expense sheets, Audited Financial Reports, from the date of incorporation to the present date. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 9. Any and all tax forms required by or filed under the Internal Revenue Code of the United States of America or with the Pennsylvania Department of Revenue for tax years 2006, 2007 and 2008 for or on behalf of The Gettysburg Championship. 3 ANSWER: Objection: This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 10. Copies of all 1099-MISC forms filed for The Gettysburg Championship. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 11. Any and all bank statements for or related to The Gettysburg Championship for 2006, 2007, 2008. ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. 12. Any and all bank statements for or related to the business of ProForma Forsythe Marketing from December 2007 to January 2009. ANSWER: Objection. This Request does not seek admissible evidence or information which is reasonably calculated to lead to the discovery of admissible evidence. 13. Any and all invoices sent to The Gettysburg Championship from Proforma Forsythe Marketing for 2007, 2008 and 2009 for either services rendered or products sold. ANSWER: Objection. -T'his Request does not seek admissible evidence or information which is reasonably calculated to lead to the discovery of admissible evidence. 14. Any and all timesheets submitted to or created for, Proforma Forsythe Marketing for services, related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. ANSWER: None. 15. Any and all timesheets submitted to or created for The Gettysburg Championship for services related to The Gettysburg Championship from YOU, Sue Forsythe and/or Amber Creznic for work performed in 2008. ANSWER: None. 4 16. Any and all canceled checks or deposit statements for payments made from sponsors, underwriters, supporters, and financial contributors to The Gettysburg Championship, whether or not checks were written out payable to the order of The Gettysburg Championship, ANSWER: Objection. This Request is outside the scope of discovery provided by the Pennsylvania Rules of Civil Procedure. Specifically, it is directed to an organization not a party to this action. Respectfully submitted, Date: June 4, 2009 Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges(a-,yourlawfirmforlife. com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF MAURA TOBIN DONLEY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, was served upon the below named, by placing same in the United states Mail, first-class postage prepaid thereon, addressed as follows: Maura Tobin Donley 1140 Dunlin Court Mechanicsburg, PA 17050 Plaintiff Pro Se Respectfully submitted, Date: June 4, 2009 Pa, L r Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmenges a yourlawfirmforlife.com Attorney for Defendant 6 ????T MENGES MCLAUGHLIN KALASNIK, P.c. ATTORNEYS AT LAW ?"?l N. CHRISTOPHER MENGES ?rO 1 SHAWN P. MCLAUGHLIN JOSEPH A. KALASNIK SYDNEY C. H. BENSON JOSHUA B. BODENE MATTHEW D. MENGES Writer's email: nimenges@yourlawfirmforlife.com August 21, 2009 VIA FACSIMILE: 717-237-5300 Carol Steinour Young McNees, Wallace & Nurick, LLC P.O. Box 1166 100 Pine St. Harrisburg, PA 17108-1166 RE: Donley v. Forsythe Cumberland Cty. No.: 09-1518 Civil Dear Attonrey Young: Thank you for your letter of today's date. First, let me correct the record with respect to your client's previous requests for information from the Gettysburg Championship. I never refused to provide information regarding the Gettysburg Championship. I have only required your client to request that information in the proper manner under the Pennsylvania Rules of Civil Procedure. The Gettysburg Championship is not a party to this action, and that is by your client's own decision. Thus, she, and now you, are bound to request that information in the proper manner. Second, whether the Gettysburg Championship is listed as a charitable organization is not has absolutely no bearing on, and is in no way relevant, to the instant dispute. Again, your client chose to not make the Gettysburg Championship a party to this action. The question in dispute here is whether your client had a contract with anyone, and if so, with whom. Our allegations with respect to the Gettysburg Championship simply reference the fact that the Gettysburg Championship is an incorporated organization. As such, they enjoy limited liability, making my client not individually liable for any debts of the corporation. Third, the partial payment your client received was made by the Gettysburg Championship. You 1,? 1.y , a111 C that this pai `tia! puy t eun.-1:..c.4nn any obligation on n the part of < ?yn,ic. IlPnt ii?Ci.? v. cannot Nossi l , 11 t y ...,. individually. Finally, I do not believe that continuing discovery or depositions will reveal any information relevant to my Motion. My Motion is based upon your client's verified answer to Interrogatories, Request for Production of Documents, and Admissions. It seems to me that your client would have to perjure herself at a deposition to change any of that information. Accordingly, I do not believe that my Motion is premature. Therefore, I intend to continue presenting it to the Court September 9, 2009. (Continued on Next Page) PLEASE REPLY TO: 145 EAST MARKET STREET ? 18 EAST KING STREET 2ND FLOOR ? 211 KENNEDY COURT SUITE 8 YORK, PA 17401 LANCASTER, PA 17602 HANOVER, PA 17331 PH 717-843-8046 PH 717-560-5068 PH 717-632-1784 FAx 717-854-4362 FAx 717-735-7709 FAx 717-632-2433 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-464-5297 TOLL FREE 1-866-632-1784 Email York@YourLawFirmForLife.com Email Lancaster@YourLawFimiForLife.com Email Hanover@YourLawFinnForLife.com W W W.YOURLAwFIRMFORLIFE.COM Letter to Attorney Young August 21, 2009 Page -2- At the Magisterial District Judge hearing in this matter, I asked your client to stipulate to a judgment against the Gettysburg Championship, as that is the party with whom she contracted. She refused to do so. Upon our appeal in this matter, she had the opportunity to name the Gettysburg Championship as a party to this action and pursue her claim against them. She chose not to. My educated guess is that she chose not to because she became aware that the Gettysburg Championship has no assets. The fact that the Gettysburg Championship has no assets does not give your client recourse against my client individually. He is still protected by the corporate shield. Further, even if you intended to make some so:-t of clai::: for piercing the corporate veil, the Complaint has been filed and no facts to support that have been alleged. Rather than asking me to withdraw my Motion, you should be asking your client to withdraw her Complaint, as she has no facts to support a contract between she and Mr. Forsythe. I humbly suggest that you review my Brief and case law cited therein carefully when I serve it upon you late next week. Given the circumstances of this action, particularly your client's failure to name the Gettysburg Championship as a Defendant, I am inclined to advise my client to request attorney fees based on inter alia vexatious and dilatory conduct. Now that you are representing her, you would certainly be at risk in continuing this litigation. If you wish to discuss this matter, I am happy to do so. Otherwise, I look forward to meeting you September 9"' for the oral argument. Thank you. Very truly yours, Matthew D. Menges MDM/rmp ?x??? ATTORNEYS' FEES OF CAROL STEINOUR YOUNG, ESQUIRE AND McNEES WALLACE & NURICK LLC Date Hours Description 8/23/09 2.0 Drafting reply to motion for summa judgment 8/25/09 .2 Letter to M. Menges 8/26/09 .2 Letter to M. Menges re notice of intent 8/26/09 1.5 Drafting motion to compel 8/27/09 2.0 Research to defend motion 8/31/09 1.0 Reviewing Defendant's brief in support of motion for summa judgment 9/3/09 5.0 Drafting brief in opposition to motion for summa judgment 9/4/09 .5 Reviewing Defendant's answer to motion to compel 9/9/09 1.0 Attending oral argument 9/14/09 .5 Researching Bureau of Charitable Organizations 10/11/09 1.0 Drafting answer to motion to strike 11/12/09 .5 Receipt and review of motion to certify interlocutory order forappeal 11/23/09 2.0 Drafting answer to motion 12/28/09 .2 Letter to M. Menges 3/19/10 .2 Preparing petition fora ointment of arbitrators 3/19/10 .2 Letter to Prothonotary 5/19/10 1.5 Preparing arbitration memorandum 5/21/10 .2 Letter to M. Menges re arbitration memorandum 5/21/10 .2 Letter to Prothonotary 5/24/10 2.0 Preparing for arbitration 5/25/10 3.0 Attending arbitration 5/28/10 .2 Letter to M. Menges re settlement 10/6/10 .2 Preparing raeci a to list case for trial 10/29/10 1.0 Reviewing Defendant's motions in limine 11/2/10 1.0 Preparing retrial memorandum 11/3/10 2.0 Preparing answer to motion in limine 11/8/10 .5 Receipt and review of Defendant's retrial memorandum 11/10/10 1.7 Attending retrial conference 11/30/10 1.0 Preparing points for charge 12/3/10 .5 Preparing verdict slip 12/3/10 5.0 Preparing for trial 12/6/10 7.5 Attending trial 45.5 Total hours Billing rates applicable: Costs - $303.02 12/1/08 - 11/30/09 - $285.00 12/1/09 - 11/30/10 - $290.00 12/1/10 - 11/30/11 - $310.00 17.6 hours x $285.00 = $5,016.00 20.4 hours x $290.00 = $5,916.00 7 .5 hours x $310.00 = $2,325.00 Total fees - $13,257.00 Total costs - $303.02 ?? ?'?1 ? • MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DECLARATION OF CAROL STEINOUR YOUNG, ESQUIRE, IN SUPPORT OF PLAINTIFF MAURA TOBIN DONLEY'S MOTION FOR ATTORNEYS' FEES AND COSTS I, Carol Steinour Young, Esquire, hereby declare: 1. I have personal knowledge of the following and could competently testify thereto if called as a witness. 2. 1 am counsel to Plaintiff Maura Tobin Donley in the above-captioned matter. 3. 1 am an attorney in good standing in the Commonwealth of Pennsylvania, and admitted to practice before the United States District Courts for the Eastern, Middle, and Western Districts of Pennsylvania, and the United States Court of Appeals for the Third Circuit. 4. 1 graduated from Chestnut Hill College with a Bachelor of Science degree in 1982. 5. 1 received my J.D. in 1989 from the Georgetown University Law Center. 6. 1 am a Member of McNees Wallace & Nurick LLC, and have practiced in the Litigation Group in its Harrisburg office since 1989. 7. 1 have practiced extensively in Courts of Common Pleas in Central Pennsylvania and in the United States District Court for the Middle District of M Pennsylvania, and have tried a number of cases before various judges within the Middle District and throughout Central Pennsylvania. 8. The issue of attorneys' fees comes before this Court as a result of the obdurate, dilatory and vexatious behavior of Defendant Paul Forsythe and his attorney, Matthew Menges. 9. In response to the persistent threats and harassment by Defendant's counsel, Plaintiff was forced to retain counsel in order to obtain payment for her services to Mr. Forsythe and his company. 10. Attached as Exhibit "E" to the Motion for Attorneys' Fees and Costs is a true and correct copy of the fees and costs incurred by Ms. Donley from the outset of my law firm's involvement in this litigation.' 11. Exhibit E to the Motion accurately records the number of hours expended by the undersigned counsel and the applicable rates for each professional involved in the case. 12. The total amount of hours billed by each professional associated with the prosecution of this action from August 2009, and their applicable fee, are as follows: Attorney Hours Hourly Rate Carol Steinour Young 17.6 $285 20.4 $290 7.5 $3102 These rates are the standard billing rates for each professional. The invoice has not yet been prepared. 2 Carol Steinour Young's hourly billing rate increased from $275 to $290/hr. on December 1, 2009 and from $290 to $310/hr on December 1, 2010. -2- • w 13. Therefore, the total sought by Ms. Donley, representing all fees incurred by Ms. Donley from August 2009 until December 6, 2010, is $13,257.00.3 14. In addition, Ms. Donley expended $303.02 on costs associated with this matter, which costs are also recorded in Exhibit E to the Motion for Fees and Costs. 15. The hourly rates set forth above are the same that my firm charged, and collected, from other parties in breach of contract cases. 16. In my opinion, the fees charged by my firm to Ms. Donley are a reasonable market rate. McNEES WALLACE & NURICK LLC By. Carol Steinour Y u I . D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: January 6, 2011 Sworn to and subscribed before me this day of January, 2011. CoMMONVVEALTM of pENNSYLVANIA Note ; seal MW*W S. Beery, Notary pty of MwfWbUM e , DNWW CW*Y MY CWrg(jN Mom 3W 5, 2014 Notary Public 3 Time expended in preparing the Motion for Award of Counsel Fees has not been included in this lodestar. -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secreta o Carol Steinour Young Dated: January 6, 2011 6 FILED-OFFICE OF THE PROT!iONOTAR`f CL'A T Carol Steinour Young I.D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 09-1518 Civil Defendant JURY TRIAL DEMANDED PLAINTIFF'S AMENDMENT TO HER MOTION FOR AWARD OF COUNSEL FEES FROM AND AGAINST DEFENDANT AND DEFENDANT'S COUNSEL Plaintiff Maura Tobin Donley, through counsel, hereby files this Amendment to PAUL FORSYTHE d/b/a PROFORMA CIVIL ACTION - LAW FORSYTHE MARKETING, her Motion for Award of Counsel Fees, pursuant to Cumberland County Local Rules 208.3(a)(2) and/or Rule 208.3(a)(9), and states as follows: 1. Judge Hess conducted trial on this matter and entered a directed verdict on December 6, 2010. 2. Because this Motion is for post-trial relief, Plaintiffs counsel did not seek the concurrence of Defendant's counsel. WHEREFORE, Plaintiff respectfully requests that this Court award Plaintiff her attorneys' fees in the amount of $13,257.00 and costs in the amount of $303.02, and enter an Order jointly and severally against Defendant and Defendant's counsel. Respectfully submitted, McNEES WALLACE & NURICK LLC By. Carol Steinour Y u I.D. No. 55969 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: January 10, 2011 -2- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secr ry to Carol Steinour Youn Dated: January 10, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Maura Tobin Donley, No.: 09-1518 Civil c -n Plaintiff, _ r ?.+ CD CD V. Civil Action - Law -.< ?c Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demande d Defendant. -» DEFENDANT'S MOTION FOR A NEW TRIAL 1. The Honorable Judge Hess entered a directed verdict against Defendan t and in favor of Plaintiff on December 6, 2010. 2. This Motion seeks post-trial relief, and therefore no concurrence is required under C.C.R.P. 208.2(d). 3. Plaintiff filed a Motion for Post-Trial Relief on or about January 10, 2011. 4. Pa.R.C.P. 227.1(c) provides that, "any other party may file a post-trial motion within ten-days after the filing of the first post-trial motion," now extending Defendant's deadline to file post-trial motions until January 20, 2011. 5. The Court erred in refusing to grant Defendant, Paul 1?orsythe's, Motion in Limine with respect to making a determination of the alleged denials Plaintiff made in her Reply to Defendant's First Set of Requests for Admissions. 6. Pa.R.C.P. 4014(c) allows Defendant, as the propounding party, to move to seek the sufficiency of Plaintiff's answers. 7. Defendant filed his Motion in Limine on October 26, 2010, 2 weeks prior to the pre- trial conference scheduled, and more than 1 month prior to the scheduled trial. 8. Defendant brought the Motion to the attention of the Court at the Call of Trial List held November 2, 2010 and the matter was still certified for trial. 9. Defendant brought his Motion to the attention of the Court at the Pre-Trial Conference held November 10, 2010. 10. The same day, this Honorable Court issued an Order stating, "These matters are left to the trial judge." 11. At the outset of the trial, Defendant brought his Motion to the attention of the Court. 12. The Court denied Defendant's Motion for the reason that it should have been addressed prior to the time of trial. 13. The Defendant filed his Motion in Limine prior to the Pre-Trial Conference and raised the issue at the Pre-Trial Conference according to Pa.R.C.p. 212.3(b). 14. The issues presented in Defendant's were properly and timely raised. 15. The Court erred in refusing to grant Defendant, Paul Forsythe's, Motion in Limine with respect to barring Plaintiff from introducing evidence regarding the operation of the Gettysburg Championship, which is not a party to this action. 16. Plaintiff admitted that "The Gettysburg Championship is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania." See Mot. in Lim. at Ex. "A." 17. Pennsylvania courts have long held that the, "corporate entity should be recognized and upheld, unless specific, unusual, circumstances call for an exception." Miners, Inc. v. Alpine Equip. Corp., 722 A.2d 691, 694 (Pa. Super. 1998). 18. Not all non-profit corporations are required to obtain IRC 501(c)(3) status. Rather, obtaining 501(c)(3) status simply allows an income tax exemption for the organization. N. Cal. Cent. &rvs. v. United States, 591 F.2d 620 (U.S.Ct.CI. 1979); see also 15 Pa.C.S. § 5301. (which states, "Purposes (a) GENERAL RULE.-- Except as provided in subsection (b), corporations may be incorporated under this article for any lawful purpose or purposes, including, but not limited to, any one or more of the following or similar purposes: athletic; any lawful business purpose to be conducted on a not-for-profit basis; beneficial; benevolent; cemetery; charitable; civic; control of fire; cultural; educational; encouragement of agriculture or horticulture; fraternal; health; literary; missionary; musical; mutual improvement; patriotic; political; prevention. of cruelty to persons or animals; professional, commercial. industrial, trade, service or business associations; promotion of the arts; protection of natural resources; religious; research; scientific and social.") 19. Evidence of whether The Gettysburg Championship had obtained 501(c)(3) status had no bearing on the matter before the Court, as it had no bearing on whether The Gettysburg Championship was a non-profit corporation or not. 20. Accordingly, the evidence was irrelevant and inadmissible. Pa. R. E. 402. 21. Further, the question of whether The Gettysburg Championship was registered with the Bureau of Charitable Organizations had no bearing on the matter before the Court, as it had no bearing on whether The Gettysburg Championship was a non-profit corporation or not. 22. The questions of the Gettysburg Championship's stated purpose, the record keeping of the Gettysburg Championship, unrelated business transaction of the Gettysburg Championship, and whether the funds of the Gettysburg Championship were co- mingled with Defendant's personal funds had no bearing on the matter before the Court, as it had no bearing on whether The Gettysburg Championship was a non- profit corporation or not. 23. The only purpose for which the above evidence could be relevant would be to pierce the corporate veil; however, Plaintiff pled no facts to support a cause of action for piercing the corporate veil. See Anflick v. Gruhler, 353 Pa. 470, 46 A.2d 161, 162 (1946) (where the Court stated, "Facts not pled, regardless of the evidence adduced do not allow recovery. The pleadings determine the issues in any given case. Proof must conform to the facts alleged. A plaintiff cannot allege one set of facts and recover upon another. Neither allegations without proof nor proof without allegations nor allegations and proof which do not substantially correspond will entitle a plaintiff to recover unless such defect be remedied by amendment.) 24. Because the Plaintiff admitted that the Gettysburg Championship was incorporated, evidence as to its operation was not relevant to Plaintiff's contract claim, and should not have been admitted at trial. 25. The Court erred in refusing to grant Defendant's request for mistrial. 26. During the course of Plaintiff's testimony, she stated in the presence of the jury that she had prevailed before Magisterial District Judge Manlove. 27. Defendant is entitled to a de novo appeal from the findings of the Magisterial District Judge. Pa.R.C.P.M.D.J. 1007(x). 28. Plaintiffs statement was not in response to a question asked by Defendant. 29. Plaintiffs statement was made intentionally and for the purpose of improperly influencing the decision of the jury. 30. Defendant immediately moved for a mistrial after Plaintiff's statement. 31. The Court improperly denied Defendant's Motion. 32. The Court erred in granting Plaintiff's request for a directed verdict. 33. During Plaintiff's examination on cross of Defendant, Plaintiff moved for a directed verdict. 34. At the time the Court denied Plaintiff's motion as premature, but indicated that it would probably grant Plaintiff s motion if it were made at the close of testimony. 35. "A motion for directed verdict may only be granted where the facts are clear and there is no room for doubt. Cooke v. Travelers Insurance Co., 350 Pa. Super. 467, 504 A.2d 939 (1986). A trial court may not properly enter a directed verdict if there are factual issues to submit to the jury." Austin v. Harnish, 227 Pa. Super. 199, 323 A.2d 871 (1974). 36. "[B]efore entering a directed verdict, a trial court must consider the facts in the light most favorable to the party against whom the motion for directed verdict is made... and must accept as true all evidence which supports that party's contention and reject all adverse testimony." Cooke v. Travelers Insurance Co., 350 Pa. Super. 467, 504 A.2d 939 (1986). 37. In entering the directed verdict, the Court relied primarily upon Plaintiff's testimony that she was not aware that The Gettysburg Championship was incorporated at the time she alleges she entered into the contract. 38. Pennsylvania courts have said that, "in ascertaining the intent of the parties to a contract, it is their outward and objective manifestations of assent, as opposed to their undisclosed and subjective intentions, that matters." Ingrassia Const. Co., Inc. v. Walsh, 486 A.2d 478, 483 (Pa. Super. 1984). 39. The Court ignored, or did not give the proper weight to, evidence admitted suggesting that Plaintiff knew she was working for The Gettysburg Championship, as she ultimately invoiced The Gettysburg Championship for her work. 40. The question of whether plaintiff s contract was with Defendant or with the Gettysburg Championship is a question of fact to be submitted to the jury. WHEREFORE, Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing respectfully requests this Honorable Court grant a new trial. Respectfully submitted, Matthew D. Menges, Esquire Sup. Ct. ID No. 208132 MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmengesgyourlawfirmforlife.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action -- Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Rachel M. Peck, Paralegal to Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Motion for a New Trial was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Carol Steinour-Young, Esq. NcNees, Wallace & Nurrick, LLC 100 Pine Street P.O. Box 116 Harrisburg, PA 17108-1166 Attorney for Plaintiff Date: January 14, 2011 wvu 177 _61 - Rachel M. Peck MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 4 -0a = --i zr'? M- N r ,? 1 N c V C) Carol $teinour Young I.D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORS'YTHE MARKETING, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR A NEW TRIAL !Plaintiff Maura Tobin Donley, through counsel, hereby files this Answer to the Motion for a New Trial filed by Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing: 1.- 40. Denied. Pursuant to Pa.R.Civ.P. 227.1, Defendant had ten (10) days from the dame of the entry of the Directed Verdict to file his Motion for a New Trial. The appealperiod expired on December 18, 2010. Thus, Defendant's Motion for a New Trial is untimely and should therefore be denied. By way of further answer, the filing of a Petitilon for Attorneys' Fees does not extend the time for filing a Motion for New Trial. See Miller v. DeWeese, 907 A.2d 1051 (PA 2006) (where the court held that a petition for attorneys' fees pursuant to 42 Pa.C.S.A. § 2503 is not a post-trial motion). WHEREFORE, Plaintiff Maura Tobin Donley respectfully requests that this Court deny Defendant's Motion for a New Trial. McNEES WALLACE & NURICK LLC By Carol Steinour 1. D. No. 55969 U0 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: January 21, 2011 -2- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esquire Menges, McLaughlin & Kalasnik, PC 145 East Market Street York, PA 17401 Michele Beery, Secret o Carol Steinour Young Dated- January 21, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA --O3 ; Maura Tobin Donley, No.: 09-1518 Civil M-0 + o -vim Plaintiff, V. Civil Action - Law ;> vJ = j 7 Paul Forsythe d/b/a Proforma = r Forsythe Marketing, Jury Trial Demanded ? Defendant. NOTICE OF APPEAL Notice is hereby given that Paul Forsythe d/b/a Proforma Forsythe Marketing, defendant above named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 26`h day of January, 2011. This order has been entered on the docket as evidenced by the attached copy of the docket entry. Respectfully submitted, Matthew D. Menges, squire Sup. Ct. ID No. 208132 MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 mmen eskyourlawfirmforlife.com Q d y, 001 a aA y a* 5-q IN /C #F c:oe, w?i«l?v 5?d a fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, No.: 09-1518 Civil Plaintiff, V. Civil Action - Law Paul Forsythe d/b/a Proforma Forsythe Marketing, Jury Trial Demanded Defendant. CERTIFICATE OF SERVICE I, Rachel M. Peck, Paralegal to Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Notice of Appeal was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Carol Steinour-Young, Esq. NcNees, Wallace & Nurrick, LLC 100 Pine Street P.O. Box 116 Harrisburg, PA 17108-1166 Attorney for Plaintiff Date: February 9, 2011 t'zL M r 70nk Rachel M. Peck MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 PYS511 Cumberland County Prothonotary 's Office Page 1 Civil Cape Print 2009-01518 DONLEY MAURA (vs) FORSYTHE DUFF ET AL Reference No..: Filed........,: 3/11/2009 Case Type.....: Z - APPEAL Judgment......: - DJ .00 Time.........: Execution Date 12:46 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disosed Date. 1 h i 0/00/0000 ------------ Case Comments - ------------ .: er Crt H g Higher Crt 2.: General Index Attorney Info DONLEY MAURA PLAINTIFF STEINOUR CAROL A 1140 DUNLIN CT MECHANICSBURG PA 17050 8335 FORSYTHE DUFF DEFENDANT 2575 HEPPLEWHITE DRIVE YORK PA 17404 PROFORMA FORSYTHE MARKETING DEFENDANT 2575 HEPPLEWHITE DRIVE YORK PA 17404 GETTYSBURG CHAMPIONSHIP THE DEFENDANT 2575 HEPPLEWHITE DRIVE YORK PA 17404 FORSYTHE PAUL DEFENDANT 2575 HEPPLEWHITE DRIVE YORK PA 17404 ******************************************************************************** Judgment Index Amount Date Desc PROFORMA FORSYYTHE PAUL YTHE MARKETING 7,100.00 12/008/2010 ORDER OF COURT ORDER OF COURT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/11/2009 APPEAL FROM DISTRICT JUSTICE JUDGMENT FILED BY DEFT ------------------------------------------------------------------- 3/11/2009 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ------------------------------------------------------------------- 3/17/2009 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ------------------------------------------------------------------- 3/23/2009 PRAECIPE TO ATTACH ENCLOSED SENDERS RECEIPT OF THE PROOF OF SERVICE NOTICE OF APPEAL AND RULE TO FILE COMPLAINT - BY MATTHEW D MENGES ATTY FOR DEFTS ------------------------------------------------------------------- 4/02/2009 COMPLAINT - BY PLFF ------------------------------------------------------------------- 4/06/2009 CERTIFICATE OF SERVICE - COMPLAITN UPON DEFT AND DEFTS COUNSEL - BY PLFF ------------------------------------------------------------------- 4/20/2009 ANSWER - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 4/27/2009 CERTIFICATE OF SERVICE - DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSIONS UPON PLFF - BY MATTHEW D MENGES ESQ FOR DEFT ------------------------------------------------------------------- 4/27/2009 CERTIFICATE OF SERVICE - DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTFF UPON PLFF - BY MATTHEW D MENGES ESQ FOR DEFT ------------------------------------------------------------------- 4/27/2009 CERTIFICATE OF SERVICE - DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF UPON PLFF - BY MATTHEW D MENGES ESQ FOR DEFT ------------------------------------------------------------------- 5/06/2009 REPLY TO NEW MATTER BY PLFF ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - REPLY TO DEFTS NEW MATTER ------------------------------------------------------------------- 5/06/2009 PRAECIPE TO ATTACH VERIFICATION TO THE PLAINTIFF'S COMPLAINT FILED PY.S511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2009-01518 DONLEY MAURA (vs) FORSYTHE DUFF ET AL Reference No... Filed......... 3/11/2009 Case Ty e..... . Z - APPEAL - DJ Time. ... . 12:46 Judgment.. .00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: APIRL 2 2009 BY PLFF Higher Crt 2.: ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - PRAECIPE TO ATTACH VERIFICATION ------------------------------------------------------------------- 5/06/2009 PLAINTIFF'S REPLY TO DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION FILED ------------------------------------------------------------------ 5/06/2009 CERTIFICATE OF SERVICE - REPLY TO DEFTS FIRST SET OF REQUESTS FOR ADMISSION ------------------------------------------------------------------- 5/06/2009 PLAINTIFF'S ANWER TO DEFENDANT'S FIRST SET OF INTERROGATORIES ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - ANSERS TO DEFTS FIRST SET OF INTERROGATORIES ------------------------------------------------------------- 5/06/2009 PLAINTIFF'S-REPLY-TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION-OF --- DOCUMENTS ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - REPLY TO DEFTS FIRST REQ FOR PROD OF DOCUMENTS ------------------------------------------------------------------- 5/06/2009 PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - FIRST SET OF INTERROGATORIES DIRECTED TO DEFT ------------------------------------------------------------------- 5/06/2009 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFT ------------------------------------------------------------------- 5/06/2009 CERTIFICATE OF SERVICE - REQUEST FOR PROD OF DOCUMENTS DIRECTED TO DEFT ------------------------------------------------------------------- 6/04/2009 CERTIFICATE OF SERVICE - DEFTS ANSWERS TO PLFF MARUA TOBIN DONLEYS FIRST SET OF INTERROGATORIES UPON PLFF - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 6/04/2009 CERTIFICATE OF SERVICE - DEFTS ANSWERS TO PLFF MAURA TOBIN DONLEYS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS UPON PLFF - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 7/16/2009 CERTIFICATE OF SERVICE - DEEFT'S ANSWERS TO PLFF MAURA TOBIN DONLEY'S SECOND SET OF INTERROGATORIES - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 7/16/2009 CERTIFICATE OF SERVICE - DEFT'S ANSWERS TO PLFF MAURA TOBIN DONLEY'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 7/16/2009 CERTIFICATE OF SERVICE - DEFT'S ANSWERS TO PLFF MAURA TOBIN DONLEY'S SUPPLEMENTAL (THIRD) SET OF INTERROGATORIES - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 8/03/2009 PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFTS MOTION FOR SUMMARY JUDGMENT - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 8/03/2009 DEFENDANT PAUL FORSYTHES MOTION FOR SUMMARY JUDGMENT - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 8/19/2009 PRAECIPE FOR ENTRY OF APPEARANCE FOR PLFF - BY CAROL STEINOUR YOUNG ESQ ------------------------------------------------------------------- 8/27/2009 MOTION TO COMPEL DISCOVERY RESPONSES - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 8/31/2009 ORDER OF COURT - 8/31/09 IN RE: PLFFS MOTION TO COMPEL DISCOVERY RESPONSES - A RULE IS HEREBY ISSUED UPON DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 14 DAYS OF SERVICE - BY J WESLEY OLER JR J - COPIES MAILED PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print 2009-01518 DONLEY MAURA (vs) FORSYTHE DUFF ET AL Reference No... Filed......... 3/11/2009 Case Tyye..... . Z - APPEAL - DJ Time. ... . 12.46 Judgmen?...... : .00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 8/31/09 Higher Crt 2.: ------------------------------------------------------------------- 9/01/2009 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 9/10/2009 PRAECIPE TO SUPPLEMENT RECORD - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 9/11/2009 ORDER OF COURT - 9/1109 - IN RE: DISCOVERY CONFERENCE SCHEDULED IN CHAMBE MAILED 9/11/09/20/09 T 10 AM - BY J WESLEY OLER JR J - COPIES ------------------------------------------------------------------- 9/23/2009 ORDER OF COURT - 921/09 IN RE: PLFFS MOTION TO COMPEL DISCOVERY - THE DISCOVERY CON/F RECEN PREVIOUSLY SCHEDULED FOR 10620/09 IS RESCH JUDGEE- BYDJTWESLEYOOLERAJR3J30 CPM IN OPIESCMAILEDS9/23 09ERSIGNED ------------------------------------------------------------------- 10/05/2009 PLAINTIFF'S RESPONSE TO DEFTS MOTION FOR SUMMARY JUDGMENT - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 10/08/2009 DEFENDANT'S PAUL FORSYTHES MOTION TO STRIKE PLFFS PRAECIPE TO SUPPLEMENT RECORD AND RESPONSE TO DEFTS MOTION FOR SUMMARY JUDGMENT - BY MATTHEW D MENGES ATTY FOR PAUL FORSYTHE ------------------------------------------------------------------- 10/14/2009 PLAINTIFF'S ANSWER TO DEFTS MOTION TO STRIKE PLFFS PRAECIPE TO SUPPLEMENT RECORD AND RESPONSE TO DEFTS MOTION OF SUMMARY JUDGMENT - BY CAROL STEINOUR YOUNF ATTY FOR PLFF -------------//-----------------------------------------------------09 IN S MOTION 10/14/2009 ISDDENIEDO/1BY KEVINRA HESSTJ - COPIESFOMAILR SUMMARY 110/14/09ENT - MOTION ------------------------------------------------------------------- 11/04/2009 MOTION TO CERTIFY INTERLUCOTRY ORDER FOR APPEAL - BY MATTHEW D MENGES ATTY FOR DEFT -------------------------------------------------------------------PLFFS 11/23/2009 ORDERJOF COOURTOLE11/10/09 CIN RE: OPIES MAILEDMOII/ON T COMPEL DISCOVERY ------------------------------------------------------------------- 11/30/2009 PLAINTIFF'S RESPONSE TO DEFTS MOTION TO CERTIFY INTERLOCUTORY ORDER FOR APPEAL AND COUNTER MOTION FOR ATTYS FEE - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 12/04/2009 ORDER - 12/3/09 IN RE: PLFFS RESPONSE TO DEFTS MOTION TO CERTIFY INTERLOCUTORY ORDER FOR APPEAL AND COUNTER MOTION FOR ATTYS FEE - MOTION IS DENIED - BY KEVIN A HESS J - COPIES MAILED 12/4/09 ------------------------------------------------------------------- 2/19/2010 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 3/23/2010 PETITION FOR APPOINTMENT OF ARBITRATORS - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 3/29/2010 ORDER OF COURT - DATED 326/10 - IN RE PETITION FOR APPOINTMENT OF ARBITRATORS - HUBERT GIL OY ESQ CHAIRMAN - LISA M COYNE - AND ANDREW DOLLMAN ARE APPOINTED ARBITRATORS - BY KEVIN A HESS PJ - COPIES MAILED 3/29/10 ------------------------------------------------------------------- 5/25/2010 AWARD OF ARBITRATORS - DAED 15/10 - IN FAVOR OF PLAINTIFF MAURA DONLEY AND AGAINST DEFENDANT PAUL FORSYTHE IN THE AMOUNT OF $7,100.00 COYNE L ESQ COSTS - ANDREW Y P HDOLLMAN ESQ R- COPIES MAILED 5- LISA /24/10 ------------------------------------------------------------------- 6/23/2010 PLAINTIFF'S MOTION TO MOLD THE ARBITRTION AWARD TO INCLUDE PRE AND POST JUDGMENT INTEREST - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 6/24/2010 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS - BY MATTHEW R MENGES ATTY FOR DEFT ------------------------------------------------------------------- 6/28/2010 RULE TO SHOW CAUSE - 6/28/10 IN RE: PLFFS MOTION TO MOLD THE PYS511 Cumberland County Prothonotary's Office Page 4 Civil Case Print 2009-01518 DONLEY MAURA (vs) FORSYTHE DUFF ET AL Reference No... Filed......... 3/11/2009 Case Tyyppe..... . Z - APPEAL - DJ Time. ... 12.46 Judgmenb...... : .00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ARBITRATION AWARD TO INCLUDE PRE AND POST JUDGMENT INTEREST - IT IS ORDERED AND DECREED THAT 1- A RULE IS ISSUED UPON THE PLFF TO SHOW CAUSE WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED 2- THE RESPONDENT SHALL FILE AN ANSWER TO THE PETITION WITHIN 20 DAYS OF SERVICE 3- THE PETITION SHALL BE DECIDED UNDER PA RCP NO 206.7 4- ARGUMENT IS SET FOR 8/19/10 AT 2:30 PM IN CR4 CUMBERLAND COUNTY COURTHOUSE 5- NOTICE OFF THE ENTRY OF THIS ORDER SHALL BE PROVEDED TO ALL PARTIES BY THE PETITIONER - BY KEVIN A HESS PJ - COPIES MAILED 6/28/10 ------------------------------------------------------------------- 8/20/2010 ORDER DATED 8-19-10 IN RE PLAINTIFF'S MOTION TO MOLD THE ARBITRATION AWARD TO INCLUDE PRE- AND POST- JUDGMENT INTEREST - MOTION TO MOLD THE ARBITRATION AWARD IS ***DISMISSED*** AS MOOT - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 8-20-10 ------------------------------------------------------------------- 10/08/2010 PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 10/28/2010 DEFENDANT'S MOTION IN LIMINE - BY MATTHEW D MENGES ATTY FOR DEF -------------------//--//---------------------------------------------- 11/04/2010 ORDERJOFJCOUCOPIESIMAILEDINIE: CALL OF CIVIL LIST - BY J WESLEY 14/10 ------------------------------------------------------------------- 11/09/2010 PLAINTIFF'S ANSWER TO MOTION IN LIMINE - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 11/12/2010 PRETRIAL CONFERENCE - BY KEVIN A HESS PJ ------------------------------------------------------------------- 12/08/2010 ORDER OF COURT - DATED DECEMBER 6, 2010 - IN RE: DIRECTED VERDICT AND NOW THIS 6TH DAY OF DECEMBER 2010 WE DIRECT A VERDICT IN THIS CASE AND THEREFORE ENTER JUDGMENT IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT IN THE AMOUNT OF $7100.00 TOGETHER WITH INTEREST AT THE LEGAL RATE FROM AND AFTER AUGUST 30 2008 BY THE COURT KEVIN A H?SS P J COPIES MAILED 12/8/2010 ----------------------------------------------------------------- 1/07/2011 PLAINTIFF'S-MOTION-FOR AWARD OF COUNSEL FEE FROM AND AGAINST DEFENDANT AND DEFENDANTS COUNSEL JOINTLY AND SEVERALLY PURSUANT TO SECTION 2503 OF THE PENNSYLVANIA JUDICIAL CODE - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 1/11/2011 PLAINTIFF'S AMENDMENT TO HER MOTION FOR AWARD OF COUNSEL FEES FROM AND AGAINST DEFENDANT AND DEFENDANT'S COUNSEL -BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------ 1/13/2011 ANSWER-TO-PLAINTIFF'S-MOTION FOR AWARD OF COUNSEL FEES-AND --------- AMENDMENT THERETO - BY MATTHEW D MENGES ATTY FOR DEF ------------------------------------------------------------------- 1/18/2011 DEFENDANT'S MOTION FOR NEW TRIAL - BY MATTHEW D MENGES ATTY FOR DEFT ------------------------------------------------------------------- 1/24/2011 PLAINTIFF'S ANSWER TO DEFTS MOTION FOR NEW TRIAL - BY CAROL STEINOUR YOUNG ATTY FOR PLFF ------------------------------------------------------------------- 1/26/2011 ORDER - 1/26/11 IN RE: DEFTS MOTION FOR NEW TRIAL - MOTION IS DENIED AS UNTIMELY - BY KEVIN A HESS PJ - COPIES MAILED 1/26/11 - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* APPEAL D.J. 55.00 55.00 .00 TAX ON APPEAL .25 .25 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 PYS511 Cumberland County Prothonotary's Office Page 5 Civil Cape Print 2009-01518 DONLEY MAURA (vs) FORSYTHE DUFF ET AL .: Reference No Filed........: 3/11/2009 . Case Tyyppe..... : Z - APPEAL - DJ Judgment......: .00 Time.......... Execution Date 12:46 0/00/0000 Judge Assigned: HESS KEVIN A Disposed Desc.: Jury Trial.... Disposed Date. 0/00/0000 ----------- t C -- : Higher Crt 1 s ommen ------------ Case . Higher Crt 2.: APPT OF ARBITRA 24.00 24.00 .00 APPEAL ARBITRAT 350.00 350.00 .00 PRAECIPE TRIAL 25.00 - 25.00 ---------- --- .00 --------- ------------- 477.25 477.25 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testknony wtweaf. I here unto set my hand and the of said coo # cam", Pa TNe of cow" ?t 20 ",»` MAURA TOBIN DONLEVY, IN THE COURT OF COMMON PLEAS OF Appellee CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , VS NO. 09-1518 CIVIL ' . _. PAUL FORSYTHE d/b/a r M 7K? (^e'i I" PROFORMA FORSYTHE MARKETING, = 7? Appellant IN RE: APPEAL OF DEFENDANT = - ORDER AND NOW, February 17, 2011, in accordance with Rule 1925 of the Rules of Appellate Procedure, the Defendant having filed a notice of appeal, the appellant is directed to file of record, within twenty-one (21) days hereof, and serve upon the undersigned a concise statement of the matters complained of on the appeal. Carol A. Steinour Young, Esquire For the Appellee Matthew D. Menges, Esquire For the Appellant Mated 18111 BY THE COURT, c- ?.IZ X Kevin . Hess, J. :rlm T1 r, f ?f k I i 'T-.A r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Jury Trial Demanded AP PELLANT'S, PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING'S, STATEMENT OF MATTERS COMPLAINED OF PURSUANT TO Pa R A P No 1925(b) AND NOW, this 3'1 day of March, 2011 comes the Defendant/Appellant, Paul Forsythe d/b/a Proforma Forsythe Marketing who, by and through his attorneys, Menges, McLaughlin & Kalasnik, P.C., and files the instant Statement of Matters Complained of on Appeal, whereof the following is a statement: 1. The trial court committed error by denying Defendant's motion for post-trial relief when it was filed within 10 days of Plaintiff filing a motion for post-trial relief. This Court entered a directed verdict on the record, in open court, on December 6, 2010. On January 7, 2011 Plaintiff filed a motion which seeks to add taxable costs under 42 Pa.C.S. § 2503. The Plaintiff specifically identified her motion as a motion for post-trial reliefs, and it is, in fact, such a motion as defined by Pa.R.C.P. 227.1(a). While Rule 227.1 allows only ten days after the entry of a verdict2, Plaintiff filed her post-trial motion 32 days after the entry of the verdict, and yet the Court is entertaining the motion. As the Court did not No.: 09-1518 Civil Civil Action - Law ' See ¶ 1 of Plaintiffs Amendment to Motion for Sanctions 2 Pa.R.C.P. 227.1(c)(1) deny Plaintiff's post-trial motion as untimely, Rule 227.1 allows Defendant to file a post- trial motion "within ten days after the filing of the first post-trial motion. ,3 Said differently, the deadline for Defendant's post-trial motion does not accrue from the date of the entry of the verdict, but accrues from the date of Plaintiff's post-trial motion. Defendant's post-trial motion was filed within 10 days4 of Plaintiff's post-trial motion, and is, therefore, timely. Respectfully submitted, MENGES, MCLAUGHLIN, & KALASNIK, PC Matthew D. Menges, Esquire Sup. Ct. ID No.: 208132 145 East Market Street York, PA 17404 Telephone (717) 843-8046 Facsimile (717) 854-4362 Email: mmenges@yourlawfirmforlife.com Attorney for Defendant 3 Pa.R.C.P. 227.1(c) a January 17, 2011 was Martin Luther King, Jr. Day, holiday on which the Courthouse is closed, making January 18, 2011 last day for Defendant's filing. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, No.: 09-1518 Civil V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. Civil Action - Law Jury Trial Demanded CERTIFICATE OF SERVICE I, Rachel M. Peck, Paralegal to Matthew D. Menges, Esquire, do hereby certify that a true and correct copy of the foregoing Motion for a New Trial was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Carol Steinour-Young, Esq. Honorable Kevin A. Hess NcNees, Wallace & Nurrick, LLC Cumberland County Court of Common Pleas 100 Pine Street 1 Courthouse Sq. P.O. Box 116 Carlisle, PA 17013 Harrisburg, PA 17108-1166 Attorney for Plaintiff Date: March '2 , 2011 j4 Rachel M. Peck MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 MAURA TOBIN DONLEY, Plaintiff VS. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1518 CIVIL JURY TRIAL DEMANDED IN RE: MOTION FOR AWARD OF COUNSEL FEES ORDER rn? ? N AND NOW, this I `L day of March, 2011, argument on the above-captioned motion set for March 1, 2011, is continued to Thursday, March 17, 2011, at 9:30 a.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA. `Karol Steinour Young, Esquire For the Plaintiff 'Matthew Menges, Esquire For the Defendant :rlm 00Pies Mai IPA .311/11 Did -C rnz- c7 --? ca C "In ? M' BY THE COURT, r , MAURA TOBIN DONLEY, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW c °- s rn- PAUL FORSYTHE d/b/a/ PROFORMA No. 09-1518 - Law urn FORSYTHE MARKETING, ,. w ?°C? Defendant. JURY TRIAL DEMANDED <o • ®?? za s = cn IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 ""c --?M HESS, P.J., March ZZ , 2011. In this civil case, Plaintiff filed an action alleging the breach of an oral contract for media and public relations services. (Plaintiff's Complaint, filed Apr. 2, 2009). During a December 6, 2010, jury trial, the undersigned entered an order directing a verdict in favor of Plaintiff and against Defendant in the amount of $7,100.00 together with interest at the legal rate from and after August 30, 2008. (Order of Court, Dec. 6, 2010). On January 7, 2011, Plaintiff filed a Motion for Award of Counsel Fees which sought to recover costs under 42 Pa.C.S. § 2503(7), (9). (Plaintiff's Motion for Award of Counsel Fees From and Against Defendant and Defendant's Counsel Jointly and Severally Pursuant to Section 2503 of the Pennsylvania Judicial Code, filed Jan. 7, 2011). On January 18, 2011, Defendant filed a Motion for a New Trial alleging error with this Court's denial of an earlier Motion In Limine. (Defendant's Motion for a New Trial, filed Jan. 18, 2011). On January 26, 2011, the undersigned entered an order denying Defendant's Motion for a New Trial as untimely. (Order of Court, Jan. 26, 2011). From the entry of that order, Defendant now appeals tp the Pennsylvania Superior Court. (Defendant's Notice of Appeal, filed Feb. 9, 2011). The bases for appeal have been expressed in a statement of matters complained of on appeal as follows: The trial court committed error by denying Defendant's motion for post-trial relief when it was filed within 10 days of Plaintiff filing a motion for post-trial relief. This Court entered a directed verdict on the record, in open court, on December 6, 2010. On January 7, 2011 Plaintiff filed a motion which seeks to add taxable costs under 42 Pa.C.S. § 2503. The Plaintiff specifically identified her motion as a motion for post-trial relief, and it is, in fact, such a motion as defined by Pa.R.C.P. 227.1(a). While 227.1 allows only ten days after the entry of a verdict, Plaintiff filed her post-trial motion 32 days after the entry of the verdict, and yet the Court is entertaining the motion. As the Court did not deny Plaintiff's post-trial motion as untimely, Rule 227.1 allows Defendant to file a post-trial motion "within ten days after the filing of the first post-trial motion." Said differently, the deadline for Defendant's post-trial motion does not accrue from the date of the entry of the verdict, but accrues from the date of Plaintiff's post-trial motion. Defendant's post-trial motion was filed within 10 days of Plaintiff's post-trial motion, and is, therefore, timely. (Appellant's, Paul Forsythe d/b/a Proforma Forsythe Marketing's, Statement of Matters Complained Of Pursuant to Pa.R.A.P. No. 1925(b), filed March 7, 2011). The facts of this case are only tangentially relevant to the instant appeal. It is the motions of the parties following the entry of a verdict that are the issue. Defendant appeals from our denial of his post-trial motion, arguing that, because we are entertaining Plaintiff's Motion for Award of Counsel Fees, filed January 7, 2010, and since his post-trial motion, filed January 18, 2010, was filed within 10 days of Plaintiff's motion it is, therefore, timely. We continue to be satisfied, however, that the Plaintiff's Motion for Award of Counsel Fees is not a post-trial motion subject to the time requirements of Pa.R.C.P. 227.1. As a result, Defendant's post-trial motion was not filed within 10 days of either the entry of a final verdict (December 6, 2010) or Plaintiff's filing of a post-trial motion. Pa.R.C.P. 227.1(c). Pursuant to Pennsylvania Rule of Civil Procedure 227. 1, after trial and upon the written Motion for Post-Trial relief filed by any party, a court may: (1) order a new trial as to all or any of the issues; or (2) direct the entry of judgment in favor of any party; or (3) remove a nonsuit; or (4) affirm, modify or change the decision; or (5) enter any other appropriate order. 2 Pa.R.C.P. 227.1(a). The purpose of Rule 227.1 is to "provide the trial court with an opportunity to correct errors in its ruling and avert the need for appellate review." Warfield v. Shermer, 2006 Pa. Super. 303 ¶ 9, 910 A.2d 734, 737 (citing Chalkey v. Roush, 569 Pa. 462, 467 n.9, 805 A.2d 494, 495 n.9 (2002)). The explanatory note following §227.1(a) explains that the Rule 227.1 Motion for Post- Trial Relief was intended to replace "the following motions and exceptions: motion for new trial, motion for judgment notwithstanding the verdict, motion upon the whole record after disagreement of a jury, motion in arrest of judgment, motion to remove a nonsuit and exceptions following the decision of the judge in a trial without jury." Official Note of the Civil Procedural Rules Committee Note to Pa.R.C.P. No. 227.1(a). These previous motions and exceptions were repealed by Section 2(a) of the Judiciary Act Repealer Act (JARA), Act of April 28, 1978, P.L. 202, as amended, 42 P.S. §20002(a). See Crawford v. Commonwealth, 125 Pa. Cmwlth. 85, 87, 556 A.2d 547, 547 (1989). The rule also provides time limits for a party desiring to file a post- trial motion. Subsection (c) provides as follows: (c) Post-trial motions shall be filed within ten days after (1) verdict, discharge of the jury because of inability to agree, or nonsuit in the case of a jury trial; or (2) notice of nonsuit or the filing of the decision in the case of a trial without jury. If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion. Pa.R.C.P. 227.1(c). It is clear, therefore, that if a party files a post-trial motion more than ten days after a verdict, or after a 10 day period following an opposing party's post-trial motion, the trial court should deny the post-trial motion as untimely. Pa.R.C.P. 227.1(c). 3 A Motion for Award of Counsel Fees is not a post-trial motion falling within the ambit of Rule 227.1. Instead, the award of counsel fees is authorized by statute, specifically, 42 Pa.C.S. § 2503. In this case, Plaintiff invokes subsections (7) and (9), which provide, in pertinent part, as follows: The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: (7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. (9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith. 42 Pa.C.S. §2503(7), (9). As opposed to the purpose of Rule 227. 1, which is to allow a trial court to correct its own errors and avoid the need for appellate review, the award of counsel fees "is intended to reimburse an innocent litigant for expenses made necessary by the conduct of an opponent." Am. Mut. Liab. Ins. Co. v. Zion & Klein, P.A., 339 Pa. Super. 475, 480, 489 A.2d 259, 262 (1985). In addition to the fact that a Motion for Award of Counsel Fees is not included in the list of Rule 227.1 post-trial motions, the underlying rationale of the two different types of after-trial practice are simply not the same. Our Pennsylvania Supreme Court has also held as much. The case of Miller Elec. Co. v. DeWeese is slightly procedurally different from the case sub judice in that Miller Elec. Co. dealt with the timeliness of an appeal and a motion to quash that appeal, as well as the post-trial practice of a motion for attorney's fees pursuant to Section 2503. Miller Elec. Co. v. DeWeese, 4 589 Pa. 167, 171, 907 A.2d 1051, 1053 (2006). In that case, Miller unsuccessfully attempted to collect a judgment it had received against DeWeese, the president of Birmingham Bistro, Inc. Id. at 169. As a result, Miller instituted garnishment proceedings against Birmingham and claimed that it was entitled to garnish compensation and benefits paid by Birmingham to DeWeese and to attach property held by Birmingham. Id. The trial court disagreed and entered a verdict for Birmingham on February 14, 2002. Id. The next day, Birmingham filed a motion for attorney's fees pursuant to 42 Pa.C.S. §2503(3). Id. at 170. On February 26, 2002, Miller filed a motion for post-trial relief. Id. That post-trial motion contained a motion for judgment notwithstanding the verdict, a motion to compel, and a motion for attorney's fees. Id. Because the trial court never entered an order disposing of Miller's post-trial motion, it was deemed denied on June 26, 2002, 120 days after it was filed, pursuant to Pa.R.C.P. 227.4. Id. On June 27, 2002, Birmingham filed a praecipe to enter judgment on its verdict and the prothonotary entered final judgment in favor of Birmingham. Id. On July 10, 2002, the trial court entered an order denying Birmingham's Feb. 15 motion for attorney's fees. Id. On August 8, 2002, Birmingham filed a notice of appeal from the July 10 order, and Miller moved to quash the appeal as untimely. Id. The Pennsylvania Supreme Court took the case as a result of the "procedural conundrum" that resulted when the prothonotary entered judgment in favor of Birmingham on June 27, 2002, and the trial court denied Birmingham's motion for attorney's fees on July 10, 2002. Id. at 171. Birmingham argued that its notice of appeal was timely because a motion for attorney's fees under 42 Pa.C.S. § 2503(3) is not a post-trial motion, and, as a result, was not disposed of by entry of final judgment. The Pennsylvania Supreme Court agreed and held that "[a] motion for fees under §2503(3) is not a post-trial motion...." Id. The Court also held that a Motion for 5 Attorneys fees under § 2503 is "not a separate suit for fees, but rather, a matter that is connected but ancillary to the underlying action...." Id. at 176. A request for attorneys fees is not the type of matter addressed in Rule 227.1. Rather, it involves an "ancillary" issue relating to the conduct of an opposing party. See Am. Mut. Liab. Ins. Co., 339 Pa. Super. at 480. Accordingly, Defendant's Motion for a New Trial, filed January. 18, 2011, is untimely because it was not filed within 10 days of either the entry of a final verdict (December 6, 2010) or Plaintiff's filing of a post-trial motion (which did not occur). March a2 , 2011 Carol Steinour Young, Esquire For the Plaintiff Matthew Menges, Esquire For the Defendant rlm Cop' ?Mailed 1/. 151,044 Hess, P.J. 6 TIFICATE AND TRANSMITTAL OF RECORDS UNDER 3YLVANIA RULE OF APPELLATE PROCEDURE 19310 To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The ndersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by P R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proc edings, if any, and the docket entries in the following matter: Donley Maura VS. Forsythe Duff, Proforma Forsythe Marketing, Gettysburg Championship, Forsythe Paul 2009-1518 CIVIL 279 MDA 2011 The documents comprising the record have been numbered from No. 1 to 436, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 04/27/2011 . Dav' 11, Prot notary Regina Lebo of this Signature & Title Connmonwealth of Pennsylvania ss: County of Cumberland I 1, David D. Buell Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Donley Maura Plaintiff, and Forsythe Duff, Proforma Forsythe Marketing, Gettysburg Championship, Forsythe Paul Defendant, as the same remains of record before the said Court at No. 2009 1518 of Civil Term. I TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 27 day of April A D., 2011 i Prot honoatrv l Kevin A. Hess President Judge of e Ninth Jud cial District, composed of the County of Cumberland, do certify that David D. Buell by whom the annexed record, certificate and atte tation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said. Countv, was, at the time of so doing. and now is Pro honotarv in and for said County of' Cumberland in the ommonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, cert ficate and attestation are in due form of law and made by t proper off'tcel President Jude Co nonwealth of Pennsylvania / County of Cumberland ss: 1 David D. Buell Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A, Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of aking thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified: to all whose acts ass such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. I1 'TESTIMONY WHEREOF, I have hereunto set v hand and affixed the seal f said Court this 27 oaf April A. D, 2011 Prothonotnn No. Term 19 Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county c ` in the Commonwealth of Pennsylvania to No. 2009-1518 Term, 19 is contained the following: PY OF Appearance DOCKET ENTRY Donley Maura VS. Duff, Proforma Forsythe Marketing, Gettysburg Championship, Forsythe Paul **SEE CERTIFIED COPY OF DOCKET ENTERIES** CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Donley Maura VS. Forsythe Duff, Proforma Forsythe Marketing, Gettysburg Championship, Forsythe Paul 2009-1518 CIVIL 279 MDA 2011 The documents comprising the record have been numbered from No. 1 to 436, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 04/27/2011 . An additional co of this certificate is enclosed. Please sig&UAjo b acknowledaine receipt of this record. Date Signature & Title APR 2 7 2011 MIDDLE Karen Reid Bramblett, Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O. Box 62435 Milan K. Mrkobrad, Esq. 601 Commonwealth Avenue, Suite 1600 Deputy Prothonotary Harrisburg, PA 17106-2435 (717) 772-1294 www.superior.court. state. Pa. uS CERTIFICATE OF REMITTAL/REMAND OF RECORD TO: David D. Buell Prothonotary RE: Donley, M. v. Forsythe, P. 279 MDA 2011 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 09-1518 Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part April 27, 2011 Additional Item(s): Certified copy of Superior Court Order dated 4/13/11. Remand/Remittal Date: 05/23/2011 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, /vs I Enclosure cc: Matthew Donald Menges, Esq. The Honorable J. Wesley Oler Jr., Judge Carol A. Steinour Young, Esq. Milan K. Mrkobrad, Esq.3 -- -+ Deputy Prothonotary =M rn- z? r -< - -ate ?D <> r j 'P- - ? <C3 x.• ? -n C ccz-n F3 ?, EJ ?M .Donley, M. v. Forsythe, P. 279 MDA 2011 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaVRemand of Record (to be returned): Signature Date Printed Name Maura Tobin Donley V. Paul Forsythe, d/b/a Proforma Forsythe Marketing ORDER IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County No. 09-1518) No. 279 MDA 2011 Filed: April 13, 2011 The motion of appellee is hereby GRANTED and this appeal is DISMISSED. Appellee's request for counsel fees is DENIED. Per Curiam a c z? n '- ?m .` ?x ? N oc, r-Z -4c7 3 ... TRUE Mpy FROM XBWRD 3 9n 1l CowtofPA_Mhalt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?@tii»tp at lrrrt+G?r??ry QFFI;'E ,..T.yE q-zR[FF ?F?}ILED-OFFICE OF THE PROTHONOTARY I1 N Trisl• Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MAY 27 AM g. 48 CUMBERLAND COUNTY PENNSYLVANIA Maura Robin Donley I vs. Paul Forsythe Case Number 2009-1518 SHERIFF'S RETURN OF SERVICE 05/19/2011 01:05 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 19, 2011 at 1302 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Paul Forsythe D/B/A Proforma, in the hands, possession, or control of the within named garnishee, Fulton Bank, NA, 3344 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Lauren Green, Head Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 25, 2011 to Paul Forsythe, D/B/A Proforma at 2575 Heppelwhite Drive, York, PA 17404. SO ANSWERS, r2 May 25, 2011 RON R ANDERSON, SHERIFF (C) CourItyguite 5henff. Teleosoft. Ina. Rona d Hoover, Deputy MAURA TOBIN DONLEY, Plaintiff VS. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1518 CIVIL JURY TRIAL DEMANDED IN RE: CLAIM FOR EXEMPTION ?y Q3 ORDER AND NOW, this 0' day of June, 2011, the Court being in receipt of --a ?'- -3M correspondence from counsel for the plaintiff to the effect that plaintiff does not contest the defendant's right to the $300.00 statutory cash exemption or an exemption from any and all bank accounts that defendant, Paul Forsythe, holds as tenants by the entireties with his wife, the claim of defendant, Paul Forsyth d/b/a Proforma Forsythe Marketing, for exemption from writ of execution is GRANTED. Our hearing set for June 16, 2011, at 3:30 p.m. is CANCELLED. BY THE COURT, 'l Dana Windisch Chilson, Esquire For the Plaintiff Matthew Menges, Esquire For the Defendant Sheriff -in bin ies Mai fed C? 61 10 II ?b rlm FILED-OFFICE OF THE PROTHONOTARY Dana Windisch Chilson I.D. No. 208718 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant 1311 JUN 1 i PM 2.33 ;U PENNSYLUVANI?A TY Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT To: Prothonotary Pursuant to Pa.R.C.P. No. 227.4 and in accordance with the Order of Court dated April 28, 2011 in the above-captioned matter, please enter judgment in favor of Plaintiff Maura Tobin Donley and against Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing for the cumulative sum of $13,559.02, which consists of $13,256 in attorney's fees and $303.02 in costs, along with continuing interest at the legal rate from and after April 28, 2011. The April 28, 2011 Order of Court is attached hereto as Exhibit "A" and incorporated herein by reference. Date: June 16, 2011 MINE S WALLACE & NURICK LLC By Dana Windisch Chilson, I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff C),_%A S y. oo pd a*-t V)a a&o qo 1lO"6 uL Maw MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA C) V. CIVIL ACTION - LAW PAUL FORSYTHE d/b/a/ PROFORMA No. 09-1518 - Law o a FORSYTHE MARKETING, ?a oo -ag Defendant. JURY TRIAL DEMANDED - : IN RE: PLAINTIFF'S MOTION FOR AWARD OF COUNSEL FEES = ; c ORDER OF COURT AND NOW, this 21 'day of April, 2011, upon consideration of Plaintiffs Motion for Award of Counsel Fees From and Against Defendant and Defendant's Counsel, Jointly and Severally, Pursuant to Section 2503 of the Pennsylvania Judicial Code, filed January 7, 2011, and Plaintiffs Amendment to her Motion for Award of Counsel Fees, filed January 11, 2011, and Defendant's Answer to Plaintiff's Motion for Award of Counsel Fees, filed January 13, 2011, and following argument held on March 17, 2011, Plaintiff s Motion for Award of Counsel Fees is GRANTED IN PART and DENIED IN PART. Judgment for attorney's fees of $13,256.00 plus costs in the amount of $303.02 is hereby entered against Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing. No judgment is entered against Defendant's counsel, Attorney Matthew D. Menges. BY THE COURT, .,"ew D. Me Aess, Carol S*inour Y&n9, ?gq o°' ooP;? M ? Certificate of Service The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by regular, first-class mail, postage prepaid, upon the following: Matthew D. Menges, Esq. Menges, McLaughlin & Kalasnik, P.C. 145 East Market Street York, PA 17401 Date: June 16, 2011 Dana Windisch Chilson FILED-OFFICE CF THE* PROTHONOTA c'i- Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 2a I I CC, 15 PH 3: 2 4 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT AGAINST GARNISHEE To: Prothonotary Pursuant to Pa.R.C.P. No. 3146(b)(1), please enter judgment in favor of Plaintiff Maura Tobin Donley and against the Garnishee, Fulton Bank, N.A., in the amount of $1,506.29, for the following property of the Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing ("Defendant"): Any and all funds found in the accounts of Defendant Paul Forsythe d/b/a Proforma Forsythe Marketing, identified in the Answer to Interrogatories filed by Fulton Bank, N.A., which are attached hereto as Exhibit "A" and incorporated herein by reference. Garnishee admitted in its Answer to Interrogatories that it is in possession of said property. The judgment amount takes into account the $300 claimed exemption filed by Defendant and approved by the Court pursuant to the June 10, 2011 Order. Moreover, pursuant to arA? aIq.06-Pd 01? +( a64039 ??h ? rYIG?'led Pa.R.C.P. No. 3146(b)(2), this judgment is not being entered as to funds identified by the Garnishee in its answer to interrogatory no. 7 or 8 of the garnishment interrogatories. McNEES WALLACE & NURICK LLC By uaroi ominour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: August 12, 2011 MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 To: Fulton Bank, N.A., Garnishee YOU ARE NOTIFIED that on t*, IS, 2011, the following judgment has been entered against you in the above-captioned case: Judgment for Plaintiff and against Garnishee, in the amount of $1,506.29, pursuant to admissions made in Garnishee's Answer to Interrogatories. Date: August IS, 2011 Jtono ary 2- I hereby certify that the name and address of the proper person to receive this Notice is: Fulton Bank, N.A. ATTN: Chris Land 4429 Bonney Road, Suite 300 Virginia Beach, VA 23462 McNEFJ WALLACE & NURICK LLC By Dana Windisch Chilson I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Date: August 12, 2011 Attorneys for Plaintiff ?X?i(??T Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 McNees Wallace & N urick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES TO: Fulton Bank You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. A copy of the answers must be served on the undersigned. 1. a. At the time you were served with these interrogatories or at any subsequent time, did you owe Paul Forsythe or Proforma Forsythe Marketing any money or were you liable to Paul Forsythe or Proforma Forsythe Marketing on any negotiable or other written instrument, or did Paul Forsythe or Proforma Forsythe Marketing claim that you owed him any money or were liable to Paul Forsythe or Proforma Forsythe Marketing for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: 00 v -3- b. To the extent that your abo pends in whole or part on documents, account records, other papers, electronic data, escribe each in exact detail (or attach a copy of each). ANSWER: 2. a. At the time you were served with these interrogatories or at any subsequent time, was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons any property of any nature owned solely or in part by Paul Forsythe or Proforma Forsythe Marketing? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: b. To the extent that your abov ends in whole or part on documents, account records, or other paper r electronic at describe each in exact detail (or attach a copy of each). ANSWER: -4- 3. a. At the time you were served with these interrogatories or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by Paul Forsythe or Proforma Forsythe Marketing or in which Paul Forsythe or Proforma Forsythe Marketing held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: ?/? / ?' b. To the extent that your above er ends in whole or part on documents, account records, or other papers o ectronic data describe each in exact detail (or attach a copy of each). ANSWER: -5- 4. a. At the time you were served with these interrogatories or at any subsequent time, did you hold as a fiduciary any property in which Paul Forsythe or Proforma Forsythe Marketing had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: b. To the extent that your abov a ends in whole or part on documents, account records, or other papers electronic data, escribe each in exact detail (or attach a copy of each). ANSWER: -6- 5. a. At any time before or after you were served with these interrogatories, did Paul Forsythe or Proforma Forsythe Marketing transfer or deliver any property of any nature to you or to any person, entity or place pursuant to your direction or consent and, if so, what was the consideration therefore? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: b. To the extent that your above a e ends in whole or part on documents, account records, or other papers o ectronic data, escribe each in exact detail (or attach a copy of each). ANSWER: -7- 6. a. At the time you were served with these interrogatories or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to Paul Forsythe or Proforma Forsythe Marketing or to any person, entity or place pursuant to the direction of, or any undertaking for or for the account of, Paul Forsythe or Proforma Forsythe Marketing, or otherwise discharge any claim of Paul Forsythe or Proforma Forsythe Marketing against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. ANSWER: b. To the extent that your above answer depends in whole or part on documents, account records, or other papers o tonic data, scribe each in exact detail (or attach a copy of each). ANSWER: -8- 7. a. At the time you were served with these interrogatories or at any subsequent time, did Paul Forsythe or Proforma Forsythe Marketing have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy, or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. ANSWER: b. To the extent that your above an ends in whole or part on s documents, account records, or other papers or?!? cribe each in exact detail (or attach a copy of each). ANSWER: -9- 8. a. At the time you were served with these interrogatories or at any subsequent time, did Paul Forsythe or Proforma Forsythe Marketing have funds on deposit in an account with you in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ANSWER: /V b. To the extent that your above ans ends in whole or part on documents, account records, or other papers or ctronic data, scribe each in exact detail (or attach a copy of each). ANSWER: McNEES WALLACE & NURICK LLC By Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5342 Attorneys for Plaintiff Date: May 12, 2011 -10- For signature by Garnishee: C 4L41S ZaIll) states, subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are true and correct to the best of his/her knowledge, information and belief. Dated: For Fulton Bank -11- MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 09-1518 Civil PAUL FORSYTHE d/b/a PROFORMA CIVIL ACTION - LAW FORSYTHE MARKETING, _ JURY TRIAL DEMANDED Defendant ORDER ` AND NOW, this ZG, day of 2012, upon consider Plaintiff Maura Tobin Donley's Motion to Compel the Deposition of Defendant and Donley's Motion to Make Rule Absolute, it is hereby ORDERED that the Rule to Show Cause issued on December 6, 2011 is made absolute. Paul Forsythe is hereby ORDERED to appear at the office of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17101 for a deposition in aid of execution within 20 days of service of said Order, at a date and time mutually convenient with Plaintiffs counsel. It is further ORDERED that Defendant Paul Forsythe shall remit to Donley the sum of $1,118 in relation to the expenses Donley incurred for the October 26, 2011 deposition and the December 19, 2011 deposition. Distribution: Dana Windisch Chilson, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 Paul Forsythe, 2575 Hepplewhite Drive, York, PA 17404 f / BY THE COURT Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I . D. No. 208718 cy Geoffrey B. Fehling X ;R r I.D. No. 311711 W M rn r n McNees Wallace & Nurick LLC M , = r co -.0m 100 Pine Street y ' N ?tn P.O. Box 1166 r2: Cp -fQ Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff 2p MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 09-1518 Civil PAUL FORSYTHE d/b/a PROFORMA CIVIL ACTION - LAW FORSYTHE MARKETING, JURY TRIAL DEMANDED Defendant PLAINTIFF'S MOTION FOR SANCTIONS Pursuant to Pa.R.C.P. No. 4019, Plaintiff Maura Tobin Donley ("Donley"), by and through her undersigned counsel, requests this Court sanction Defendant Paul Forsythe ("Forsythe") for failing to appear at a court-ordered deposition, and in support thereof avers as follows: 1. Relevant Factual Background This action arises out of the breach of an oral agreement between Donley and Forsythe for Donley to provide media and public relations services to Forsythe in connection with Forsythe's work on a golf tournament known as The Gettysburg Championship. 2. Forsythe defaulted under the terms of the parties' agreement by failing to pay Donley for the services she rendered in regard to The Gettysburg Championship. 3. On April 2, 2009, Donley instituted the above-captioned action against Forsythe. 4. By Order of Court filed on December 8, 2010 and entered by the Honorable Kevin A. Hess, President Judge, Donley received a directed verdict against Forsythe in the amount of $7,100, together with interest at the legal rate from and after August 30, 2008. 5. By Order of Court filed on April 28, 2011, the Honorable Kevin A. Hess, President Judge, ordered that Forsythe was required to remit to Donley the sum of $13,256.00 in attorney's fees. 6. On May 13, 2011, the Cumberland County Prothonotary entered judgment against Forsythe in the amount of $7,100, together with interest at the legal rate from and after August 30, 2008. 7. On June 17, 2011, the Cumberland County Prothonotary entered judgment against Forsythe in the amount of $13,256.00, along with continuing interest at the legal rate from and after April 28, 2011. 8. Forsythe currently has judgments entered against him and in favor of Donley in the principal sum of $20,356, plus interest accruing at the legal rate until both the judgments are satisfied. 9. On August 30, 2011, counsel for Donley sent counsel for Forsythe a letter requesting dates and times which Forsythe and his counsel would be available for a deposition in aid of execution. 10. Upon no response, on September 20, 2011, counsel for Donley sent counsel for Forsythe an email again requesting the availability of Forsythe and his counsel for a deposition in aid of execution. 11. Upon still no response, on October 4, 2011, counsel for Donley served upon counsel for Forsythe a Notice to Take Deposition In Aid Of Execution, pursuant to -2- Pa.R.C.P. Nos. 3117 and 4007.1, demanding that Forsythe appear at the office of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17101 on October 26, 2011 at 10:00 a.m. 12. On October 26, 2011 counsel for Donley appeared at the above-referenced date, time, and place to take Forsythe's deposition. 13. Forsythe failed to appear for the October 26, 2011 deposition. 14. In response to Forsythe's failure to attend the October 26, 2011 deposition, on November 29, 2011, counsel for Donley filed a Motion to Compel the Deposition of Defendant ("Motion to Compel"), requesting (1) that Forsythe be directed to appear at a deposition in aid of execution within twenty (20) days of service of the order, and (2) that Forsythe be directed to remit to Donley $658 in relation to expenses Donley incurred for the October 26, 2011 deposition. 15. In the meantime, Donley scheduled another deposition in aid of execution of Forsythe. On December 5, 2011, counsel for Donley served Forsythe with a Notice to Take Deposition in Aid of Execution, pursuant to Pa.R.C.P. Nos. 3117 and 4007.1, demanding that Forsythe appear at the office of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17101 on December 19, 2011 at 10:00 a.m. 16. Forsythe failed to show for his December 19, 2011 deposition. Counsel for Donley, however, did receive a call from Attorney David Mersky 45 minutes before the start of Forsythe's deposition. Attorney Mersky informed Donley's counsel that he had been retained by Forsythe to file for bankruptcy, and that Forsythe did not intend to appear for his December 19, 2011 deposition. Attorney Mersky made it clear that he does not represent Forsythe in regard to the instant matter and that Forsythe has not yet filed for bankruptcy. 17. By Order of Court filed on January 26, 2012, the Honorable Kevin A. Hess, President Judge, granted Donley's Motion to Compel, awarded fees and expenses relating -3- to Forsythe's failure to appear for the October 26, 2011 and December 19, 2011 depositions, and compelled Forsythe to attend a deposition in aid of execution within twenty days of service of the order upon Forsythe (the "January Order"). A true and correct copy of the January Order is attached hereto as Exhibit "A." 18. On January 31, 2012, pursuant to the January Order, counsel for Donley served upon Forsythe a Notice Of Deposition In Aid Of Execution, pursuant to Pa.R.C.P. 3117, demanding that Forsythe appear at the office of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17101 on February 15, 2012 at 10:00 a.m. A true and correct copy of the Notice Of Deposition In Aid Of Execution dated January 31, 2012, is attached hereto as Exhibit "B." 19. Upon no response, on February 14, 2012, counsel for Donley sent bankruptcy counsel for Forsythe an email inquiring whether Forsythe intended to appear at the deposition in aid of execution scheduled for the following day. Counsel for Forysthe responded that same day, advising that Forysthe did not intend to appear at the February 15, 2012 deposition. A true and correct copy of the February 15, 2012 email exchange is attached hereto as Exhibit "C." II. Request for Relief 20. Forsythe failed to attend a properly noticed deposition in aid of execution, thereby violating this Court's January Order compelling Forsythe's attendance at such deposition. 21. Because of Forsythe's repeated failure to attend a deposition in aid of execution, Donley has incurred substantial costs in an attempt to abide by this Court's January Order and depose Forsythe. 22. Specifically, Donley incurred $558.00 in attorneys' fees for preparation of this Motion for Sanctions. -4- 23. Because Forsythe has repeatedly failed to attend depositions in aid of execution, Forsythe should be required to remit payment to Donley for her costs related to the preparation of this Motion. 24. Forysthe is in contempt of this Court's Order dated January 26, 2012 for failing to appear at a deposition in aid of execution within twenty (20) days of the date of service of the January Order. 25. Forsythe's blatant disregard for the rules and orders of this Court warrant issuance of a bench warrant for Forsythe's arrest and incarceration. Furthermore, staying such a warrant for twenty (20) days will allow Forsythe to avoid arrest and/or incarceration by obeying this Court's Order and attending a deposition in aid of execution. III. Statement Pursuant to Local Rules 208.3(a)(9) 26. Pursuant to C.C.R.P. No. 208.3(a)(9), and as discussed in detail above, Forsythe has been completely non-responsive with regard to Donley's proper requests under the Pennsylvania Rules of Civil Procedure to take Forsythe's depositions in aid of execution. As noted above, however, counsel for Donley did email Forsythe's bankruptcy counsel, Attorney Mersky, to inquire about Forsythe's intentions regarding the February 15, 2012 deposition. Attorney Mersky advised counsel for Donley that Forsythe did not intend to appear for that deposition. As such, counsel for Donley believes and avers that Forsythe does not concur in this Motion. 27. The Honorable Kevin A. Hess, President Judge, has made numerous rulings in the above-captioned action. WHEREFORE, Plaintiff Maura Tobin Donley respectfully requests that the Court enter an order: (a) sanctioning Defendant Paul Forsythe for failing to appear at the Court- ordered deposition and violating the January 26, 2012 Order of Court; (b) issuing a bench warrant for Forsythe's arrest and incarceration; (c) staying the execution of the warrant for -5- twenty (20) days, during which Forsythe must appear for a deposition in aid of execution at a time and place mutually agreed upon with Donley's counsel; and (d) awarding Donley its attorneys' fees in connection with the prosecution of the Motion For Sanctions. McNEE WALLACE & NURICK LLC By WVIIJ / - Caro einour oung I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 Geoffrey B. Fehling I.D. No. 311711 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: Februaryell , 2012 -6- ?? ??.? ?, MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS r, :. CUMBERLAND COUNTY, PENNSS V11A?j Plaintiff rnW ?- a? - °n r f- : V. NO. 09-1518 Civil Ul ?'f PAUL FORSYTHE d/b/a PROFORMA CIVIL ACTION - LAW c? FORSYTHE MARKETING, P, c-_? JURY TRIAL DEMANDED Defendant ORDER AND NOW, this >)6 L9 day of , 2012, upon consideration of ZI/ el Plaintiff Maura Tobin Donley's Motion to Compel the Deposition of Defendant and Donley's Motion to Make Rule Absolute, it is hereby ORDERED that the Rule to Show Cause issued on December 6, 2011 is made absolute. Paul Forsythe is hereby ORDERED to appear at the office of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, Pennsylvania 17101 for a deposition in aid of execution within 20 days of service of said Order, at a date and time mutually convenient with Plaintiffs counsel. It is further ORDERED that Defendant Paul Forsythe shall remit to Donley the sum of $1,118 in relation to the expenses Donley incurred for the October 26, 2011 deposition and the December 19, 2011 deposition. BY THE COURT Kevin A. Hess, P.J. Distribution: Dana Windisch Chilson, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 Paul Forsythe, 2575 Hepplewhite Drive, York, PA 17404 ?? ??? L Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, NO. 09-1518 Civil : CIVIL ACTION - LAW : JURY TRIAL DEMANDED Defendant NOTICE OF DEPOSITION IN AID OF EXECUTION TO: PAUL FORSYTHE, Defendant, PLEASE TAKE NOTICE THAT, pursuant to Pennsylvania Rules of Civil Procedure 3117 (a) and (b), Plaintiff, by its undersigned attorneys, will take the deposition, upon oral examination, of PAUL FORSYTHE at the offices of McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17101 on February 15, 2012 at 10:00 a.m. before a Notary Public, or other person authorized to administer oaths, for the purposes of discovery in aid of execution on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned action. The deponent is required to bring with him the following: (1) federal and state tax returns, including all schedules and attachments, filed by you or on your behalf, for the years 2008, 2009, and 2010; (2) current bank and brokerage statements; (3) deeds, stocks, bonds, notes and any other securities; (4) certificates of motor vehicles; (5) mortgages, judgments, or other liens or security interests against any property; (6) agreements of sale of real or personal property, or advances due under any contract; (7) promissory notes, guarantees, or any other negotiable or other written instruments; (8) any and all documents from Plaintiff Maura Donley. The person so named is requested to appear at the aforesaid time and place and submit to examination under oath. McNEES WALLACE & NURICK LLC r, By C4A J Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: January 31, 2012 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice of Deposition in Aid of Execution was served by regular, first-class mail, postage prepaid, upon the following: Paul Forsythe 2575 Hepplewhite Drive York, PA 17404 Date: January 31, 2012 ry Dana Windisch Chilson C--",, Harlacher, Dawn From: Chilson, Dana Sent: Tuesday, February 14, 2012 9:22 AM To: 'david.mersky@clymerlaw.com' Cc: Steinour Young, Carol Subject: Paul Forsythe David, I hope all is well. I understand you are out for the day and I hoped I may be able to catch you via email. I took a look at the bankruptcy docket and see that Paul still has not filed for bankruptcy. Paul has yet another deposition in aid of execution scheduled tomorrow. Can you advise if he intends to appear? Thanks, Dana Dana Windisch Chilson McNEES WALLACE & NURICK LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 717.237.5457 (Direct Dial) 717.260.1780 (Fax) dchilson mwn.com JlJJ McNees Wallace & Nurick L.c NOTICE: The foregoing message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it. Thank you. Harlacher, Dawn From: David Mersky [David.Mersky@clymerlaw.com] Sent: Tuesday, February 14, 2012 10:52 AM To: Chilson, Dana Subject: Re: Paul Forsythe He does not. We are meeting next week to sign and file petition. Sent via iPhone - please excuse shorthand On Feb 14, 2012, at 9:22 AM, "Chilson, Dana" <dchilson@a,mwn.com> wrote: David, I hope all is well. I understand you are out for the day and I hoped I may be able to catch you via email. I took a look at the bankruptcy docket and see that Paul still has not filed for bankruptcy. Paul has yet another deposition in aid of execution scheduled tomorrow. Can you advise if he intends to appear? Thanks, Dana Dana Windisch Chilson McNEES WALLACE & NURICK LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 717.237.5457 (Direct Dial) 717.260.1780 (Fax) dchilson mwn.com <image001.gif> NOTICE: The foregoing message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read it. Please reply to the sender that you have received the message in error, then delete it. Thank you. Carol Steinour Young I.D. No. 55969 Dana Windisch Chilson I.D. No. 208718 Geoffrey B. Fehling I.D. No. 311711 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff MAURA TOBIN DONLEY, Plaintiff V. PAUL FORSYTHE d/b/a PROFORMA FORSYTHE MARKETING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1518 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Plaintiffs Motion For Sanctions was served by regular, first-class mail, postage prepaid, upon the following: Paul Forsythe 2575 Hepplewhite Drive York, PA 17404 Date: February 21, 2012 Geo i . FehW MAURA TOBIN DONLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYWANJA ?- Plaintiff ` V. NO. 09-1518 Civil m PAUL FORSYTHE d/b/a PROFORMA CIVIL ACTION - LAW G FORSYTHE MARKETING, > c-. MIN ---- JURY TRIAL DEMANDED yc Defendant RULE TO SHOW CAUSE AND NOW, this 2:V day of 2012, upon consideration of the foregoing Plaintiffs Motion For Sanctions, it is hereby ordered that: (1) A rule is issued upon the Respondent, Paul Forsythe, to show cause why the Movant is not entitled to the relief requested; (2) The Respondent shall file an Answer to the Motion within twenty (20) days of service upon the Respondent; (3) In the event of a response, the Motion shall be decided under Pa.R.C.P. No. 206.5 and Cumberland County Rule of Civil Procedure 206.4(c); and (4) Notice of the entry of this Rule to Show Cause shall be provided to all parties by the Movant, Maura Tobin Donley. rery evp;es ma.led 3/??/ll e? BY THE COURT: /