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Home My WebLink About09-4574 Bryan W. Shook, Esquire I D # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookO-dcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 61" Civ' ? ?crn STERLING PROPERTY CIVIL ACTION - LAW MANAGEMENT, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. 3. Defendant, Sterling Property Management, Inc., is a Pennsylvania corporation with a registered business address of 1442 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff believes, and, therefore, avers, that Defendant, Sterling Proeprty Management, Inc., was acting, at all times material hereto, as the general contractor, owner or agent for owner with respect to properties were the work identified on the attached invoices was performed. 5. The agreement between Plaintiff and Defendant was an oral contract wherein Plaintiff would be compensated within thirty days of invoicing for services and material provided at the request of Defendant for Defendant's projects. COUNT I - BREACH OF CONTRACT HAMAD'S TOUCH OF COLOR, INC. v. STERLING PROPERTY MANAGEMENT, INC. 6. Plaintiff, Hamad's Touch of Color, Inc., incorporates and makes part of this Count paragraphs 1 through 5 of this Complaint as if fully set forth. 7. As a result of several conversations between Plaintiff and Defendant, an oral contract was formed for the installation of flooring at Defendant's request at various addresses where Defendant was having work performed. 8. At the request of Defendant, Plaintiff performed work at various times and at various locations from August 2008 through November 2008 as more particularly identified on the invoices attached to this Complaint. (True and correct copies of the outstanding invoices from Plaintiff to Defendant are attached hereto, made part hereof and marked as Plaintiff's Exhibit "A") 9. In the past, Defendant had paid Plaintiff for work requested by Defendant and performed by Plaintiff without delay and without objection. X 10. Defendant has never formally objected to Plaintiff's services and material which is itemized on the attached invoices. 11. Plaintiff promptly invoiced Defendant for all work performed under the direction i and at the request of Defendant. 12. Specifically, Defendant was issued the following Invoices: a. Invoice # 14059, dated August 14, 2008, in the amount of $2,624.22 b. Invoice # 14231, dated August 23, 2008, in the amount of $3,384.90 c. Invoice # 14325, dated August 25, 2008, in the amount of $3,099.29 d. Invoice # 14328, dated August 26, 2008, in the amount of $3,434.90 e. Invoice # 14494, dated September 8, 2008, in the amount of $695.00 f. Invoice # 14604, dated September 20, 2008, in the amount of $710.88 g. Invoice # 15150, dated November 1, 2008, in the amount of $1,386.60 h. Invoice # 21665, dated March 5, 2009, in the amount of $2,129.16 1! 1E S. Defendant has failed to pay all invoices referenced in paragraph 12, above. I.. Plaintiff has made requests for payment of the invoices referenced in paragraph 12, above. i. The total outstanding amount from the invoices identified above is $17,464.95. i. From February 2, 2009 through March 11, 2009 Plaintiff and Defendant exchanged several emails. (True and correct copies of emails sent between Plaintiff and Defendant are attached hereto, made part here and marked as Exhibit B). 01 17. On February, 23, 2009, March 5, 2009 and March 11, 2009, Defendant, by and through Mike Adler, acknowledged that Defendant owed Plaintiff the amount indentified in paragraph 12 above. 18. Despite acknowledgment of the debt, Defendant has failed to pay Plaintiff. WHEREFORE, Plaintiff, Hamad's Touch of Color, Inc., respectfully requests that this Honorable Court enter Judgment in their favor and against Defendant, Sterling Property Management, Inc., in the amount of $17,464.95 plus costs of suit and any other relief that this honorable court deem necessary and just COUNT II - VIOLATION OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT - 73 P.S. § 501 et seq. HAMAUS TOUCH OF COLOR, INC. v. STERLING PROPERTY MANAGEMENT, INC. 19. Plaintiff, Hamad's Touch of Color, Inc., incorporates and makes part of this Count paragraphs 1 through 15 of this Complaint as if fully set forth 20. Plaintiff hereby alleges this Counterclaim of Defendant's Counterclaim pursuant Contractor and Subcontractor Payment Act, 73 Pa. C.S. § 501, et seq., hereinafter the "CSPA." 18. Defendant is a "Contractor" as defined by the CSPA, a "Subcontractor" as defined by the CSPA, or Defendant is an "Owner" as defined by the CSPA. 21. Plaintiff is a "Subcontractor" as defined by the CSPA. 22. The CSPA is applicable to the oral contract entered into between Plaintiff and Defendant. 19. Plaintiff fully executed his duties and performed his obligations in accordance with the provisions of the contract. 23. Plaintiff is not in breach of the contract. 24. At all times relevant and material hereto, Plaintiff provided goods and services to Defendant, at the request of Defendant, without objection of the Defendant. 25. The time for payment of invoices referenced in paragraph 12, herein, is thirty (30) days from the date of the invoice. 26. The invoices referenced in paragraph 12, herein, are past due. 27. Defendant has not identified any deficiencies in Plaintiff's goods provided or services rendered. 28. By reason of non-payment of Plaintiff's invoices, by Defendant, Defendant is in violation of the CSPA. 29. By reason of Defendant's violation of the CSPA, Defendant shall pay the Plaintiff, interest at a rate of 1 % per month or fraction of the month on the balance that is currently due and owing beginning with the eighth day past the due date pursuant to 73 P.S. § 505(d). 30. Pursuant to 73 P.S. § 512, Plaintiff hereby requests that this Honorable Court assess a penalty upon Defendant equal to 1 % per month of the amount withheld and attorneys fees and expenses, as outlined in § 512. WHEREFORE, Plaintiff, Hamad's Touch of Color, Inc., respectfully requests that this Honorable Court enter Judgment in their favor and against Defendant, Sterling Property Management, Inc., in the amount of $17,464.95 plus interest at a rate of 1 % per month or fraction of the month on the balance that is currently due and owing beginning with the eighth day past the due date pursuant to 73 P.S. § 505(d), plus a penalty upon Defendant equal to 1 % per month of the amount withheld and attorneys fees and expenses, as outlined in 73 P.S. § 512 plus costs of suit and any other relief that this Honorable Court deems necessary and just. COUNT III - UNJUST ENRICHMENT HAMAD'S TOUCH OF COLOR, INC. v. STERLING PROPERTY MANAGEMENT INC 31. Plaintiff, Hamad's Touch of Color, Inc., incorporates and makes part of this Count paragraphs 1 through 30 of this Complaint as if fully set forth. 32. Plaintiff believes, and, therefore, avers, that by way of not paying the invoices referenced in paragraph 12, above, Defendant has realized the benefit of having work done to real property to Plaintiff's detriment. 33. The work done by Plaintiff was a benefit conveyed unto Defendant whereby Defendant realized the gain and use of Plaintiff's services without payment to Plaintiff. 34. Plaintiff believes, and, therefore, avers, that Defendant appreciated the benefit. 35. Plaintiff believes, and, therefore, avers, that Defendant was unjustly enriched by receiving the material, labor and services provided by Plaintiff and then not paying for the material, labor and services requested. 36. Plaintiff believes, and, therefore, avers, that it would be unconscionable for Defendant to not be required to pay Plaintiff the material, labor and services rendered, supplied and performed by Plaintiff for Defendant's benefit. WHEREFORE, Plaintiff, Hamad's Touch of Color, Inc., respectfully requests that this Honorable Court enter Judgment in their favor and against Defendant, Sterling Property Management, Inc., in the amount of $17,464.95 plus costs of suit and any other relief that this honorable court deem necessary and just. Respectfully Submitted, Dated: 7--w'-o`1 Bryan W. Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Touch of Color Flooring 11.0. Box 4785 Harrisburg, PA 17111 Bill To Sterling Property Management 337 Lincoln St. Carlisle. PA 17013 Invoice Date Invoice # 8/14/2008 14059 Address 264 1 lanovcr St. Apt. #I Carlisle, PA carpet P.O. No. Terms Net 30 Service Date Item Description Quantity Rate Amount &:7%08 ' Carpeting Install new carpet and pad throughout 264 Hanover St.. Apt. # I. Carl isle... includes new tack-strip 1 2,624.22 2,624.22 Sales "I'a3 6.001/o 0.00 \ v i ?'1 i;an1 you lilt .our business. Please remit to above address. ?. Y Total % Payments/Credits. '. , $0.00 Balance Due.- .!$2b2-4.22 EXHIBIT Am wry + wu S j?ec? o.yCAi^ L YWS. Bill To Sterling Property Management 337 Lincoln St. Carlisle. PA 17013 Tc uch of C?lor Flooring P.O. Box 4785 Harrisburg,', PA 17111 Invoice Date Invoice # 8/23/2008 14231 I Address Sterling Property Mgt. 223 High St. Shippensburg, PA carpet & vinyl P.O. No. Terms Not 30 Service Date Item Description Quantity Rate Amount S!15,08 vinyl Install new vinyl in kitchen, both baths &, rear entry of 336 2.00 672.00T 223 High St.. Shippcnshurg skim coat Skim coat / level floor for proper installation 336 0.61 204.96 Carpeting Install new carpet and pad throughout 1 2,327.94 2,327.94T Sales Tax 6.00% 180.00 z? 'thank you for your business. Please remit to above address. Total $3.384.90 Payments/Credits $0.00 Balance Due $3,384.90 I -)uch of Color Flooring P.O. Box 4785 Harrisburg, PA 17111 Bill To Sterling Property Management 337 Lincoln St. Carlisle. PA 17013 Invoice Date Invoice # 8/2512008 14325 Address 342 Fort St. Shippensburg, PA carpet & vinyl P.O. No. Terms Net 30 Serviee Date Item Description Quantity Rate Amount 8;19/i)8 vinyl Install new vinyl in kitchen, entry and both baths of 408 2.00 816.OOT 342 Fort St., Shippensburg skim coat Skim coat / level floor for proper installation 408 0.61 248.88 Carpeting Install new carpet and pad throughout 1 1,945.45 1,945.45 Toilet removal Remove and replace toilet to complete installation 1 40.00 40.00 Sales Tax 6.00% 48.96 i I'hxnk you Ibr'vour business. Please remit to above address. Total $3,099.29 Payments/Credits. $0.00 Balance Due $3,099.29 Touch of Color Flooring P.O. Box 4785 Harrisburg, PA 17111 Bill To Sterling P roperty Management 337 Linco ln St. Carlisle. A 17013 Invoice Date Invoice # 8/2612008 14328 . Address 221 High St. Shippensburg. PA carpet & vinyl P.O. No. Terms Net 30 Service Date Item Description Quantity Rate Amount 9/31108 vinyl Install new vinyl in kitchen, baths and entry of 221 336 2.00 672.OOT High St.. Shippensburg skim coat Skim coat / level floor for proper installation 336 0.61 204.96 Carpeting Install new carpet and pad throughout 1 2.327.94 2,327.94T I steps Custom steps 2 25.00 50.00 i II i i i Sales 'Tax 6.00% 180.00 'I'haank you ro your business.' Please remit to above address. Total $3,434.90 Payments/Credits $0.00 Balance Due $3,434.90 Touch of Color Flooring P.O. Box 4785 Harrisburg, PA 17111 Bill To Sterling Property Management 337 Lincoln St. Carlisle. PA 17013 Invoice Date Invoice # 918/2008 14494 Address 29 Pitt St. Carlisle, PA Apt. #2 carpet P.O. No. Terms Net 30 Service Date Item Description Quantity Rate Amount 8/25108 Carpeting Install new carpet and pad in 29 Pitt St., Apt #2 1 695.00 695.00 Carlisle, PA Sales Tax 6.00% 0.00 ?-y I Mink you Or yogr business- Ple:ue remit to above address. Total $695.00 Payments/Credits $0.00 .Balance Due $695.00 Touch of Color Flooring P.O. Box 4785 Harrisburg, PA 17111 Bii1 To Stetting Property Management 337 Lincoln St. Carlisle, PA 17013 . Invoice Date Invoice # 9/20/2008 14604 Address Stcdwg ropety Mgt 123 Porter Ave, Carlisle, PA Apt. #1 vinyl P.O. NO. Terms r Net 30 Service Date Item Description Quantity Rate Amount 9/12108 vinyl lnsWl new vinyl where needed in 123 Porter Ave, 183 2.00 366.OOT Apt #1, Carlisle skim coat Skim coat / level floor for proper instal ladon 183 1.00 183.00 Scrape existing vinyl f orn floor cOVe base Install new cove ban where needed 8 2.00 16.OOT 1/4 molding Install new 1/4 molding 58 2.00 116.OOT Sales Tax 6.00% 29.88 l Thank you for your business. Please remit to above address. Total $710.88 Payments/Credits $0.00 Balance Me $710.88 Touch of Color Flooring P.O. Box 4785 Harrisburg, PA 17111 Bill To Sterling Prpperty Management 337 Lincoln St. Carlisle, PA 17013 Invoice Date Invoice # 11!1/2008 15150 Address East Park Gardens #213, 204 carpet k 7 . e Touch of Color Flooring (Q) P.O. Box 4785 Harrisburg, PA 17111 Bill To Mike & Shyla Sterling Property Management 337 Lin oln St. Carlislel PA 17013 Invoice Date Invoice # 31512009 J 21665 Ship To P.O. Numbed Terms Rep Ship va F.O.B. Project Interest Net 30 JH 3/5/2009 2810 INTEREST Quantity Item Code Description U/M Price Each Amount 1 Late Payment Ch... Late Payment Charge on invoice 21215 from 01 /16109 126.13 126.13 through 03/05/09 I Late Payment Ch... Late Payment Charge on invoice 14325 from 09/18/08 513.55 513.55 through 03/05/09 1 Late Payment Ch... Late Payment Charge on invoice 14231 from 09/14/08 574.23 574.23 through 03/05/09 I Late Payment Ch... Late Payment Charge on invoice 14328 from 09/20/08 562.38 562.38 through 03/05/09 1 Late Payment Ch... Late Payment Charge on invoice 14494 from 09/24/08 111.05 111.05 through 03/05/09 1 Late Payment Ch... Late Payment Charge on invoice 14604 from 10/12/08 100.96 100.96 through 03/05/09 1 Late Payment Ch... Late Payment Charge on invoice 15150 from 11/22/08 140.86 140.86 ?I iI through 03/05/09 Total $2,129.16 Page 1 of 2 From: jr?adler@comcast.net Sent: Friday, February 06, 2009 1:16 PM To: Jerry Bankes Subject:' Re: FW: Agreement with Touch of Color Attachments: ATT02874.jpg; Agreement with Touch of Color (33.5 KB) Jerry, Financing goes before the board next Tuesday. I hope that everything will go well there. Unfortunately, I have not yet read the document but will try to do so today and get back to you. Mike ----- Original message -------------- From: 'iJerry Bankes" <Jerry@floorpro.biz> Mike, I wanted to touch base with you regarding the signing of this agreement. I have not received it yet? Also, haw did you make out with your refinancing? Jerry C Bonkes Controller Touch of, Color Flooring FloorPro',USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLIR.PR01 toll free 717-939-4390 Telephone 717-939-4391 fax X mail''Llogo From: J rry Bankes Sent: onday, February 02, 2009 9:43 AM To: 'jm dler@comcast.net' Subje : Agreement with Touch of Color Mike, Here is the agreement that we would like you to sign regarding your outstanding balance the agreement fax it back to me. Thanks Jerry C Bankes Controller Touch of Color Flooring FloorPro !USA 1591 S 19th St. PO BOX 4785 Please sign E EXHIBff B file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 r Harrisburg, PA 17104 1.888.FLFR.PR01 toll free 717-9394390 Telephone 717-9394391 fax k mailJogo Page 2 of 2 file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 11 1 By signin below, I recognize and agree that Sterling Property Management owes Hamad's Touch of Color $12,711. 7. Also by signing below, I agree to make the following payments on the following dates to pay off this balance: 07/15/2009 1500.00 0/15/2009 1500.00 04/15/2009 1500.00 05/15/2009 1500.00 Of /15/2009 1500.00 07/15/2009 1500.00 15/2009 1500.00 2211.57 By signin below I am personally guaranteeing and agree to pay personally all past and future purchases that are made by Sterling Property Management in the event that Sterling Property Management does not pay the amounts. I also and rstand that failure to pay on the dates above will result in claims being filed in the courts and liens being pla ed against properties owned by Sterling Property Management and/or myself. (Signature) Michael Al Ier Home Address: Social Security Number Date • Page 1 of 2 From: jrmadler@comcast.net Sent: Monday, February 16, 2009 8:16 AM To: Jerry Bankes Subject: IRe: Agreement with Touch of Color Jerry, I wante to go over the agreement with you because my numbers don't match yours. I tried to email you back but it wouldn't go through. I have a "situation" to deal with today and tomorrow so if youl could give me a ring on Wed, that would be great. Thanks Mike ----- Ori inal Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jma(lier@comcast.net Sent: Fr day, February 13, 2009 12:22:12 PM GMT -05:00 US/Canada Eastern Subject: RE: FW: Agreement with Touch of Color Mike, I have n?t heard back from you. Can you please give me an update. Also we need the agreem nt signed. Let me know. Thanks Jerry C B nkes Controller Touch of olor Flooring FloorPro SA 1591 S 19 th St. PO BOX 785 Harrisburg , PA 17104 1.888.FL .PRO1 toll free 717-939-4390 Telephone 717-939 4391 fax mail logo From: jm dler@comcast.net [mailto:jmadier@comcast.net] Sent: Fri ay, February 06, 2009 1:16 PM To: Jerry nkes Subject: Re: FW: Agreement with Touch of Color Jerry, Financing goes before the board next Tuesday. I hope that everything will go well there. Unfortunately, I have not yet read the document but will try to do so today and get back to you. Mike file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 2 of 2 -------------- Original message -------------- From: "Jerry Bankes" <Jerry@floorpro.biz> Mike, I wanted to touch base with you regarding the signing of this agreement. I have not received it yet? Also, how did you make out with your refinancing? Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PR01 toll free 717-939-4390 Telephone 717-939-4391 fax X mail-logo From: Jerry Bankes Sent: Monday, February 02, 2009 9:43 AM To: 'jmadler@comcast.net Subject: Agreement with Touch of Color Mike, Here is the agreement that we would like you to sign regarding your outstanding balance. Please sign the agreement fax it back to me. Thanks Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PR01 toll free 717-939-4390 Telephone 717-939-4391 fax X? mail logo file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 1 of 1 From: jmadler@comcast.net Sent: Monday, February 23, 2009 8:30 AM To: Jerry Bankes Subject: Re: Touch of color Flooring Jerry, I had tried to send out previous emails which would not forward. Not sure what was going on. My previous email said that I questioned a few of the numbers and wanted to go over them with you and asked you to give me a call. I also called you after the email would not send. We have determined what the "big" problem in our office was. We had(have) an embezzlement situation. We are trying to work through what actually transpired but now realize why our finances were placing us in difficult situations such as yours. Please contact me at your convenience to discuss further and thank you for your patience. Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadier@comcast.net Sent: Friday, February 20, 2009 3:08:35 PM GMT -05:00 US/Canada Eastern Subject: Touch of color Flooring <<Report_from_Touch_of Color .pdf>> Mike, Can you, please sign the attached agreement and forward it to me ASAP. We still have not received any payments. The amount that was on the last agreement was what was outstanding at the time that I created the report. I attached a report that contains all outstanding invoices as well as the agreement. Please sign and either fax the agreement to me or send me 'a PDF file ASAP. I need to hear from you right away. Thanks Sincerely, Jerry Bankes Controller Touch of Color Flooring file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 ll Page 1 of 2 From: jmadler@comcast.net Sent: Thursday, March 05, 2009 8:46 AM To: Jerry Bankes Subject: Re: Touch of color Flooring Jerry, I understand the anger I sense in the email. Although I have been put in a very difficult position because of the actions of others, I am still, ultimately responsible. There is no question about whether or not you will be paid. I will pay every penny that is owed to you. Can I change what is happening at the present time - No. I will mail a check out to you today and ask that, if someone is in the area, to stop and see me at the office(if someone is nearby, please let me know and I will have the check here for them). I would prefer to sit down and talk to someone than handle everything this way. Sincerely, Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmad,ler@comcast.net Cc: team ass ist@com cast. net, "Joe Hamad" <JoeHamad@floorpro.biz>, "Scott Appel" <sja@floorpro.biz>, "Bill Hamad" <Bill@floorpro.biz> Sent: Wednesday, March 4, 2009 4:50:53 PM GMT -05:00 US/Canada Eastern Subject: 'FW: Touch of color Flooring <<Report_from_Touch_of Color .pdf>> Mike, As of the date and time of this email, the attached agreement is no longer valid. We will not accept this agreement. We are now asking for the full payment of all of the invoices. In addition, we will be assessing late payment charges which will need to be paid. We are moving forward with the complaint and court hearing. We will be asking for the amount of the invoices, Late payment charges, and any related attorney fees. In addition we will be securing liens and reporting these invoices and non-payments to DnB and other credit bureaus where applicable. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX4785 Harrisburg, PA 17104 1.888.FLR.PRO1 toll free 717-939-4390 Telephone 717-939-4391 fax file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 2 of 2 -----Original Message----- From: Jerry Bankes Sent: Friday, February 20, 2009 3:09 PM To: 'jmadler@comcast.net' Subject: Touch of color Flooring Mike, Can you please sign the attached agreement and forward it to me ASAP. We still have not received any payments. The amount that was on the last agreement was what was outstanding at the time that I created the report. I attached a report that contains all outstanding invoices as well as the agreement. Please sign and either fax the agreement to me or send me a PDF file ASAP. I need to hear from you right away. Thanks Sincerely, Jerry Bankes Controller Touch of Color Flooring file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 1 of 3 From: jTadler@comcast.net Sent: Thursday, March 05, 2009 9:15 AM To: Jerry Bankes Subject: Re: Touch of color Flooring Jerry, I will have to send someone to the bank to do that. Let me check the schedules here and then get back to you with a time when it will be completed by. If you could please check the payment schedule that was attached, it says a payment in Sept then one in Oct and then another in Sept. Not sure if that was what was intended or not? Mike ----- Ori(inal Message ----- From: "J rry Bankes" <Jerry@floorpro.biz> To: jma(lier@comcast.net Sent: Thursday, March 5, 2009 8:57:24 AM GMT -05:00 US/Canada Eastern Subject: j RE: Touch of color Flooring Mike, Could youi make that a certified check and then someone could stop by and pick up the check? Jerry C Barjkes Controller Touch of Color Flooring FloorPro USA 1591 S 19t? St. PO BOX 47§5 Harrisburga PA 17104 1.888.FLR.PR01 toll free 717-939-1390 Telephone 717-939-4391 fax }E mail_I?ic From: jm dler@comcast.net [mailto:jmadler@comcast.net] Sent: Th 'rsday, March 05, 2009 8:46 AM To: Jerry nkes Subject: ke: Touch of color Flooring Jerry, I understand the anger I sense in the email. Although I have been put in a very difficult position because of the actions of others, I am still, ultimately responsible. There is no question about whether or not you will be paid. I will pay every penny that is owed to you. Can I change what is happening at the present time - No. I will mail a check out to you today and ask that, if someone is in the area, to stop and see me at the office(if someone is nearby, file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 2 of 3 please let me know and I will have the check here for them). I would prefer to sit down and talk to someone than handle everything this way. Sincerely, Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadler@comcast.net Cc: teamassist@comcast.net, "Joe Hamad" <JoeHamad@floorpro.biz>, "Scott Appel" <sja@floorpro.biz>, "Bill Hamad" <Bill@floorpro.biz> Sent: Wednesday, March 4, 2009 4:50:53 PM GMT -05:00 US/Canada Eastern Subject: FW: Touch of color Flooring <<Report_from_Touch_of Color .pdf>> Mike, As of the date and time of this email, the attached agreement is no longer valid. We will not accept this agreement. We are now asking for the full payment of all of the invoices. In addition, we will be assessing late payment charges which will need to be paid. We are moving forward with the complaint and court hearing. We will be asking for the amount of the invoices, Late payment charges, and any related attorney fees. In addition we will be securing liens and reporting these invoices and non-payments to DnB and other credit bureaus where applicable. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.88814R.PRO1 toll free 717-9394390 Telephone 717-939-4391 fax -----Original Message----- From: Jerry Bankes Sent: Friday, February 20, 2009 3:09 PM To: 'jmadler@comcast.net' Subject: Touch of color Flooring Mike, Can you please sign the attached agreement and forward it to me ASAP. We still have not received any payments. The amount that was on the last file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 3 of 3 agreement was what was outstanding at the time that I created the report. I attached a report that contains all outstanding invoices as well as the agreement. Please sign and either fax the agreement to me or send me a PDF file ASAP. I need to hear from you right away. Thanks Sincerely, Jerry Bankes Controller Touch of Color Flooring fileMADocuments and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 1 of 2 From: jmadler@comcast.net Sent: Thursday, March 05, 2009 9:31 AM To: Jerry Bankes Subject: Re: Touch of color Flooring have printed off the attached documents and provided them to the new bookkeeper. Presently, she is completely overwhelmed by the new position and the mess left behind by the person who was fired from this position because of the embezzlement of money from my office. I will ask her to make this a priority and get me an answer by today. Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadler@comcast.net Cc: tea massist@comcast. net, "Joe Hamad" <JoeHamad@floorpro.biz>, "Scott Appel" <sja@floorpro.biz>, "Bill Hamad" <Bill@floorpro.biz> Sent: Wednesday, March 4, 2009 4:50:53 PM GMT -05:00 US/Canada Eastern Subject: FW: Touch of color Flooring <<Report_from Touch_of Color .pdf>> Mike, As of the date and time of this email, the attached agreement is no longer valid. We will not accept this agreement. We are now asking for the full payment of all of the invoices. In addition, we will be assessing late payment charges which will need to be paid. We are moving forward with the complaint and court hearing. We will be asking for the amount of the invoices, Late payment charges, and any related attorney fees. In addition we will be securing liens and reporting these invoices and non-payments to DnB and other credit bureaus where applicable. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PRO1 toll free 717-939-4390 Telephone 717-939-4391 fax -----Original Message----- From: Jerry Bankes Sent: Friday, February 20, 2009 3:09 PM To: 'jmadler@comcast.net' Subject: Touch of color Flooring file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 2 of 2 Mike, Can you please sign the attached agreement and forward it to me ASAP. We still have not received any payments. The amount that was on the last agreement was what was outstanding at the time that I created the report. I attached a report that contains all outstanding invoices as well as the agreement. Please sign and either fax the agreement to me or send me a PDF file ASAP. I need to hear from you right away. Thanks Sincerely, Jerry Bankes Controller Touch of Color Flooring file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 % Page 1 of 1 From: jmadler@comcast.net Sent: Wednesday, March 11, 2009 10:46 AM To: Jerry Bankes Subject: Re: Agreement with Touch of Color Jerry, Help me out to understand why you would send a check back and then accept checks in the future? As I told you, you will be paid the entire balance owed, however, at the present time, this situation is beyond my control. Please accept my apologies and let me know when you will accept payments. Thank You Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadler@comcast.net Sent: Wednesday, March 11, 2009 10:15:26 AM GMT -05:00 US/Canada Eastern Subject: RE: Agreement with Touch of Color Mike, As stated in our email we will not accept the signed agreement. We are asking to be paid in full including late payment charges. We will be sending the agreement back to you along with the check that you sent. We will not be depositing this check. We will accept checks in the future which will reduce your balance, but we are unwilling to stop actions against you and your company until the balance is paid in full plus all late payment charges. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PR01 toll free 717-939-4390 Telephone 717-939-4391 fax X mail logo From: jmadler@comcast.net [mailto:jmadler@comcast.net] Sent: Tuesday, March 10, 2009 9:01 PM To: Jerry Bankes Subject: Re: Agreement with Touch of Color Jerry, I never did hear back from you but went ahead and sent the documentation and a check. I am truly sorry for the delays but many were beyond my control even though I do take responsibility for the situation. Mike file:HCADocuments and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Pagel of 3 From: jmadler@comcast.net Sent: Wednesday, March 11, 2009 3:46 PM To: Jerry Bankes Subject: Re: Agreement with Touch of Color Jerry, Thanks for the clarification. No matter what the case, I will do the best that I can. I have never "stiffed" anyone and don't intend to start now. I know that you feel the need to go the route you have chosen, even though I believe it is unneccessary. Just for verification purposes, if some type of collection agency and/or attorney contacts me, I will have a difficult time talking to them because, as is typical, they are extremely aggressive which will not help matters. I will continue to correspond with you until you tell me not to do so. If you choose to go that route, will do everything via written correspondence and not with the collection/attorney. I hope you understand my position. Sincerely Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadler@comcast.net Sent: Wednesday, March 11, 2009 12:35:27 PM GMT -05:00 US/Canada Eastern Subject: RE: Agreement with Touch of Color Mike, We are asking to be paid in full immediately. By depositing the check may show our interest in the payment program or agreement which is no longer being offered. As stated in the e-mail we will accept future payments and will apply them towards the total balance but not to any sort of payment plan. In addition, we cannot stop any actions against you or your company until your balance is paid in full including late payment charges. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PR01 toll free 717-939-4390 Telephone 717-939-4391 fax :x mail logo From: jmadler@comcast.net [mailto:jmadler@comcast.net] Sent: Wednesday, March 11, 2009 10:46 AM file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 « Page 2 of 3 To: Jerry Bankes Subject: Re: Agreement with Touch of Color Jerry, Help me out to understand why you would send a check back and then accept checks in the future? As I told you, you will be paid the entire balance owed, however, at the present time, this situation is beyond my control. Please accept my apologies and let me know when you will accept payments. Thank You Mike ----- Original Message ----- From: "Jerry Bankes" <Jerry@floorpro.biz> To: jmadler@comcast.net Sent: Wednesday, March 11, 2009 10:15:26 AM GMT -05:00 US/Canada Eastern Subject: RE: Agreement with Touch of Color Mike, As stated in our email we will not accept the signed agreement. We are asking to be paid in full including late payment charges. We will be sending the agreement back to you along with the check that you sent. We will not be depositing this check. We will accept checks in the future which will reduce your balance, but we are unwilling to stop actions against you and your company until the balance is paid in full plus all late payment charges. Jerry C Bankes Controller Touch of Color Flooring FloorPro USA 1591 S 19th St. PO BOX 4785 Harrisburg, PA 17104 1.888.FLR.PRO1 toll free 717-939-4390 Telephone 717-939-4391 fax 'X' mail_..Iogo From: jmadler@comcast.net [mailto:jmadler@comcast.net] Sent: Tuesday, March 10, 2009 9:01 PM To: Jerry Bankes Subject: Re: Agreement with Touch of Color Jerry, I never did hear back from you but went ahead and sent the documentation and a check. I am file://C:\Documents and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 Page 3 of 3 truly sorry for the delays but many were beyond my control even though I do take responsibility for the situation. Mike file://CADocuments and Settings\Admin\My Documents\Bryan's Files\Active Files\Corpora... 7/8/2009 A `9' VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: G ` C, Hamad,s Touch of Color, Inc. By: l«c 6ve I 17G.,,,,I, Title: } re J,`Oi , (2D r.~ TF ?? -76y R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County ?gLtNtq Cf ?ltUt?/ct*?h? OFFICE OF THE S"ERIFF OF m'? 1 ?l?1J ' f 16 f ':P i 2G04 JUL 16 10: Q I Hamad's Touch of Color, Inc. vs. Sterling Property Management 07/13/2009 SHERIFF COST: $39.24 SO ANSWERS, July 14, 2009 s',Yr'rr<r R THOMAS KLINE, SHERIFF Deputy Sheriff Case Number 2009-4574 SHERIFF'S RETURN OF SERVICE 01:39 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2009 at 1339 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sterling Property Management, by making known unto Donna Brobst, Accounts Manager at 337 Lincoln Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 1442 Trindle Road Carlisle, PA 17013 no longer exists the structure has been torn down. c HAMAD' S TOUCH OF COLOR, INC. Plaintiff VS. STERLING PROPERTY MANAGEMENT, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-4574 CIVIL TERM CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes the Defendant, Sterling Property Management, Inc., and makes the within Answer to Complaint, and in support thereof, avers as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED IN PART. DENIED INPART. Defendant, Sterling Property Management, Inc., is a Pennsylvania corporation with a registered business address of 337 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 5. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. COUNT I - BREACH OF CONTRACT 6. ADMITTED. 7. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 8. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 9. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 10. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 11. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 12. ADMITTED. 13. ADMITTED. 14. ADMITTED. 15. ADMITTED. 16. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 17. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 18. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. WHEREFORE, Defendant, Sterling Property Management, Inc., respectfully requests that this Honorable Court dismiss the foregoing action with prejudice. COUNT II - VIOLATION OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT - 73 P.S. § 501 et seq. 19. ADMITTED. 20. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner pursuant to Contractor and Subcontractor Payment Act, 73 Pa. C.S. § 501, et seq. 18. ADMITTED IN PART. DENIED IN PART. Defendant is a "Contractor" as defined by the CSPA, a "Subcontractor" as defined by the CSPA, but is not an "Owner" as defined by the CSPA. 21. DENIED. Plaintiff is a "Contractor" as defined by the CSPA. 22. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. At no time, did the Defendant act as the general contractor, owner or agent for owner. 19. ADMITTED. 23. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 24. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 25. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 26. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 27. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 28. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 29. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 30. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. WHEREFORE, Defendant, Sterling Property Management, Inc., respectfully requests that this Honorable Court dismiss the foregoing action with prejudice. COUNT III - UNJUST ENRICHMENT 31. ADMITTED. 32. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 33. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 34. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 35. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. 36. DENIED. Defendant does not have the knowledge as to the matter. Such knowledge is within the control of the Plaintiff. WHEREFORE, Defendant, Sterling Property Management, Inc., respectfully requests that this Honorable Court dismiss the foregoing action with prejudice. Respectfully ?dbmitted, "?4'0 , LMQ Dated: g 13 I ?9 san Whitacre, Secretary Sterling Property Management, Inc. 337 Lincoln Street Carlisle, PA 17013 Telephone: (717) 258-5800 VERIFICATION I, Susan Whitacre, Secretary of Sterling Property Management, Inc., hereby verifies that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Date: b h 9 Ster ing Property Management, Inc. By: Susan Whitacre Title: Secretary FWKF OF PROTHOH)TARY 2M AUG 13 PM 3: 53 E AQ CXXM PDNSYi.V" Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook iudcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STERLING PROPERTY MANAGEMENT, INC. Defendant No: 2009-4574 CIVIL ACTION - LAW NOTICE TO PLEAD To: Sterling Property Management 337 Lincoln Street Carlisle, Pennsylvania 17013 Pro se You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, ,1 / , Date: 3 -0 Bryan W ook, E uire I. D. # 20 250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook,01dcdlaw.net Attorney for Plaintiff HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. No: 2009-4574 STERLING PROPERTY CIVIL ACTION - LAW MANAGEMENT, INC. Defendant PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER AND NOW comes Plaintiff, Hamad's Touch of Color, Inc., by and through their counsel, The Law Office of Darrell C. Dethlefs, by Bryan W. Shook, Esquire, and files the within Preliminary Objections to Defendant's Answer to Plaintiff's Complaint and in support thereof, avers the following: 1. On or about July 9, 2009, Plaintiff filed a Complaint in the above-captioned matter. 2. Defendant filed an Answer to Plaintiff's Complaint on August 13, 2009. 3. As alleged in paragraph 3 of Plaintiff's Complaint, Defendant, Sterling Property Management, Inc., is a corporation maintaining with a registered business address of 1442 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Upon information and belief, Defendant currently maintains an office at 337 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. r 5. Defendant's Answer is not signed by an attorney authorized to practice law in the Commonwealth of Pennsylvania; rather, upon information and belief, Defendant's Answer is signed by Susan Whiteacre, Secretary of Defendant, Sterling Property Management, Inc. 6. - Thus despite being a corporate entity, Defendant is proceeding pro se in the above-captioned matter. PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(2) 7. Paragraphs 1 through 6 are incorporated herein by reference and as though fully set forth below. 8. Rule 1028(a)(2) allows a party to preliminarily object to a pleading if the pleading fails to conform to law or rule of court. 9. Defendant's Answer fails to conform to Pennsylvania law. 10. Under Pennsylvania law, a corporation may not be may not be represented in a Pennsylvania court by a person who is not licensed to practice law in the Commonwealth of Pennsylvania. Walacavage v. Excell 2000, Inc., 331 Pa.Super 137, 480 A.2d 281 (1984). 11. Here, Defendant, is a corporate entity and, upon information and belief, is proceeding pro se in the above-captioned matter, without being represented by an attorney license to practice in the Commonwealth of Pennsylvania. 12.A corporation can do no act except through its agents and that such agents representing the corporation in Court must be attorneys at law who have been admitted to practice, are officers of the court and subject to its control. Id. (citations omitted). WHEREFORE, Plaintiff respectfully requests that this Honorable Court order that Defendant retain counsel and that a conforming Answer be filed within 20 days of the receipt of the Order of this Court. Date: T, 3 /- 6 Respectfully,Submitted, Bryan W. Wok, Esquire - ID # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: L? 0 Hamad's Touch o ,,Color,1 c. By: A&,-tc/ 4 Title: lkex HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 2009-4574 STERLING PROPERTY CIVIL ACTION - LAW MANAGEMENT, INC. Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Plaintiffs Preliminary Objections to Defendant's Answer, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Sterling Property Management, Inc. 337 Lincoln Street Carlisle, Pennsylvania 17013 oate T- 3 /-0 9 Respectf Subm-pAitted, Bryan W ook, Esquire I. D. # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff 21109 SEEP - I PjN 1: 4. i HAMAD'S TOUCH OF COLOR, INC., Plaintiff V. STERLING PROPERTY MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 2009-4574 CIVIL ACTION - LAW JUDGMENT STIPULATION AND NOW, this 17th day of September, 2009, Plaintiff, Hamad's Touch of Color, Inc., and Defendant, Sterling Property Management, Inc., stipulate to the following provisions being made an Order of Court: 1. On or about July 9, 2009, Plaintiff filed a Complaint in the above-captioned matter. 2. Defendant filed an Answer to Plaintiff's Complaint on August 13, 2009. 3. Plaintiff filed Preliminary Objections to Defendant's Answer on September 1, 2009. 4. The parties agree that Defendant breached its Contract with Plaintiff by not paying Plaintiff for goods and services provided. 5.- The parties agree that Defendant owes Plaintiff $17,504.90. 6. Defendant does not dispute the validity of the $17,504.90 debt owed to Plaintiff. 7. The parties wish to resolve this matter as expeditiously as possible. 8. Defendant, Sterling Property Management, Inc., hereby consents to the entry of a judgment to be indexed against them in the amount of $17,504.90. 9. The parties have had equal opportunity to review this stipulation and Defendant, Sterling Property Management, Inc., further acknowledges they have had the opportunity to have this document reviewed by legal counsel of their choice and has chosen to proceed without legal representation in this matter. 10. An Order of Court will be entered in accordance with the terms of this Stipulation. 11. No Judge has previously decided or ruled upon any issue in this case. 12. Both parties concur in the filing of a Stipulated Judgment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: Hamad's Touch of Color, Inc., Plaintiff Name: a Title: BryanNV. Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Sterling Property Management, Inc., Defendant Name: -S, - u Title: Tz.& s , nr FILED-- %s"FUE OF THE pf';.?rr,r.?n?gy 2009 SEP 17 Tijj' 10: L 5 LI"J IL ?_ .. vi4a ? f HAMAD'S TOUCH OF COLOR, IN THE COURT OF COMMON PLEAS INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. No: 2009-4574 STERLING PROPERTY CIVIL ACTION - LAW MANAGEMENT, INC., . Defendant ORDER AND NOW, this ?_ day of S tv? tf , 2009, it is hereby ORDERED and DECREED that the Judgment Stipulation, dated September 17, 2009 be adopted as an Order of Court. Furthermore, the Prothonotary is DIRECTED to enter judgment in the above captioned case in favor of the Plaintiff, Hamad's Touch of Color, Inc. and against Defendant, Sterling Property Management, Inc. in the amount of $17,504.90. Pursuant to the requirements of Pa. R. C. P. 236(a) (2), (b), (d), the Prothonotary shall immediately give written notices of entry of this Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party, and shall note in the docket the giving of such notice and time and manner thereof. BY THE COURT: J. FILE[. , r - ol: T1? I „ Rl' 2009 S EP 214 PH 12: 4 3 eo s fs s4ezLj;u? C &CL ?k