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HomeMy WebLinkAbout10-2199O FLED-urF1 2 ?OTAPY 2010 MA-R 31 x,1;11: 5a Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Cornerstone Adminisystems, Inc. CORNERSTONE ADMINISYSTEMS, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10 -Alqq GivII -Tore AMERICAN HOSE & CHEMICAL FIRE COMPANY, Defendant CIVIL ACTION - LAW 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET O CARLISLE, PA 17013 s 1-800-990-9108 4 qa m, PI) A Tl `/ 717-249-3166 1 (Z?d ?'1 a3 CORNERSTONE ADMINISYSTEMS, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. AMERICAN HOSE & CHEMICAL FIRE COMPANY, Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Cornerstone Adminisystems, Inc., is a Pennsylvania corporation with a business address at P.O. Box. 726, New Cumberland, Pennsylvania 17070. 2. Defendant, American Hose & Chemical Fire Company, is an unregistered entity conducting business operations in Pennsylvania with a mailing address of 203 South Poplar Street, Mt. Carmel, Pennsylvania 17851, and a physical address of 250 South Vine Street, Mt. Carmel, Pennsylvania 17851-1561. 3. Plaintiff and Defendant entered into a written agreement whereby Plaintiff would provide cash advances to Defendant to address short-term operational cash flow shortages. (See Exhibit "A" for an accurate copy of the written Agreement.) 4. Plaintiff provided Defendant with several cash advances to assist them with their business operations from July 2008 through August 2009, totaling Sixty Thousand Nine Hundred Thirty-Seven dollars ($60,937.00). (See Exhibit "B" for a true and correct copy of the various cash advances.) 5. Despite demand for payment, Defendant has refused and failed to make payments to Plaintiff for the balance owed. 6. The amount in controversy requires submission to compulsory arbitration. WHEREFORE, Plaintiff, Cornerstone Adminisystems, Inc., respectfully requests judgment to be entered in its favor and against Defendant, American Hose & Chemical Fire Company in the amount of Sixty Thousand Nine Hundred Thirty-Seven dollars ($60,937.00), plus interest, costs, and reasonable attorney fees. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: a? /to By: Craig ilr Diehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff, Cornerstone Adminisystems, Inc. EXHIBIT "A" CORNERSTONE ADMINISYSTEMS, INC. CASH ADVANCE AGREEMENT FOR BILLING CLIENT THIS AGREEMENT, made this I day of S-AwLL" Le , , by and between Cornerstone Adminisystems, Inc„ a Pennsylvania corporation with its principal place of business in New Cumberland, Pennsylvania (hereinafter referred to as "Cornerstone") and American Hose & Chemical Fire Company #1, a non-profit corporation with its principal place of business in 250 South Vine, Mount Carmel, PA 17851 (hereinafter referred to as "Client"). Cornerstone is willing to provide a cash advance to Client to cover short-term operational cash flow shortages at the request of the client. The amount and approval of the cash advance(s) is solely based on the discretion of Cornerstone. If Client receives a cash advance from Cornerstone, the client agrees to allow Cornerstone to withhold billing revenue received on behalf of Client in order to repay cash advance. Cornerstone has full authority in establishing the amount and frequency of the billing revenue it will withhold to repay the cash advance(s). Client agrees that Cornerstone has full discretion in withholding all future billing and collection reimbursements received by Cornerstone on behalf of Client until cash advance balance is paid in full. Agreement is subject to applicable state and federal laws and regulations and shall be construed so as to be consistent with the parties' obligations thereunder. In the event that any provision hereof is adjudged to any extent to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision hereof. The individual executing this Agreement has been authorized by the Client to enter into this Agreement on the Client's behalf and does so as an agent of the Client. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Cornerstone Adminisystems, Inc. By: Thomas Minnich Signature American Hose & Chemical Fire Co #1 By: Thea Tafner ?: ?,W:LQI 0 A P Signature Thomas Minnich Print Name Vice President. Corporate Title Date Thea Tafner Print Name C?'Ij Title il?lo$ Date F:\Client Contracts\Cash Advance Agreement.doc EXHIBIT "B" rrpCornerstone Date Prepared: March 4, 2010 Ambulance Billing Experts American Hose & Chemical Fire Co #1 Cash Advances made by Cornerstone Adminisystems, Inc. Date Advance Amount Advance Balance Funding Method 7/9/2008 25,000.00 25,000.00 2;19/2009 8,000.00 33,000.00 6/12/2009 4,000.00 37,000.00 6/26/2009 8,000.00 45,000.00 7/23/2009 11,907.00 56,907.00 8/7/2009 4,030.00 60,937.00 Cash Advance through 7/9/08 Collection Settlement (ACH) - --- ----------------------------------------------------- Cash Advance through separate. direct wire ---------------------- -------------------------------------- Cash Advance through separate direct wire -------------------------------------------- ------ Cash Advance through separate direct wire ---------------------------- -------- Cash Advance through separate direct wire -----------------------------------------------------------. Cash Advance through separate direct wire ----------------- -------------------------------------- Total Advance Due Cornerstone 60,937.00 Susquehanna Request for Domestic Funds Transfer - WR1 Rev. 9-3-2008 IVUr T I-dilsfet AI!tVUlll ?p - 4000.00 Wire Transfer Fee $ 30.00 .......... .... ....................... .. ._._.. _ .. . .... ..._: Total $ 4030.00 © Wire TO Information Destination Bank Name Destination Bank Address Destination ABA Number Beneficiary Name Beneficiary Address Account Number Special Instructions © Customer Authorization I hereby authorize Susquehanna to initiate a wire transfer on my behalf, or on behalf of the entity I represent, as show above. I understand the above request is subject to Susquehanna's Retail Funds Transfer Agreement and the originator agrees to be bound by the terms of the Retail Funds Transfer Agreement. ?; / 7/0 7 Customer Signature Printed Name Date Employee Verification (Bank Use Employee accepting request Over-Limit Approval Approval required below if wire exceeds the check signing / wire authority of the employee accepting the request. Over-Limit Approval Signature EMPLOYEE INSTRUCTIONS: (1) Call 1-866-350-9473. Record name of Wire Room Operator: (2) Fax wire request to 1-717-627-2854 (3) Record name of Wire Room Operator conducting call-back: (4) Record name of Branch / Dept employee receiving call-back: - CS/2 Printed Name & Title Employee ID # ?« r Printed Name & Title Employee ID # Susquehann4 Request for Domestic Funds Transfer - WR1 j Ref # - -------?-- Date 1 7/23/2009 Time lO:Olam j Q Wire FROM Information Debit account 119002078 ! -? Type ®DDA ?-Savings ? G/L Customer Name Cornerstone Adminisystems___ - SSN / EIN L 23-2770384 For businesses, list the person placing the request: I Thomas N Minnich j IDENTIFICATION (of person placing the request) ® In Person ? WR2 Attached Prima Type adl ! ID Number - - ?! 24404925 Issued By a- - Issue Date j 115/2006 ( Expiration Date i 12/31/2009 I.D. 1 ID Number * 1 e•trade I Issue Date j Expiration Date ' 8110 • If using a credit card for secondary ID, list the issuer, and NOT the number. _ Wire Transfer Amount $ 11877.00 j Wire Transfer Fee I $ 1 30.00 Total $ 11907.00 ? © Wire TO Information Destination Bank Name Destination Bank Address Destination ABA Number Beneficiary Name Beneficiary Address Account Number Special lnstrucbons The Union National Bank - 1 North Oak Street, PO Box 367, Mount Carmel, PA 17851 031303093 - ?- - -? - - American Hose & Chemical Fire Company -- Sixth & Vine Streets, Mount Carmel, PA 17851 0155891501 I ---- - - _- -- -- - © Customer Authorization I hereby authorize Susquehanna to initiate a wire transfer on my behalf, or on behalf of the entity I represent, as show above. I understand the above request is subject to Susquehanna's Retail Funds Transfer Agreement and the originator agrees to be bound by the terms of the Retail Funds Transfer Agreement. r _ X f _ A4 4414S> frLt/1.i. f. L) Customer Signature Prin ed Name Employee Verification (Bank Use Only) - - Employee accepting request x Signature Printed Name i Employee ID # Approval required below if wire exceeds the check signing / wire authority of the employee accepting the request. Over-Limit Approval Over-Limit Approval Signature EMPLOYEE INSTRUCTIONS: (1) Call 1-866-350-9473. Record name of Wire Room Operator: (2) Fax wire request to 1-717-627-2854 (3) Record name of Wire Room Operator conducting call-back: (4) Record name of Branch / Dept employee receiving call-back: Rev. 9-3-2008 7/9 1 Date Printed Name & Title Employee ID # Susquehanna Request for Domestic Funds Transfer - WR1 Rev. 9-3-2008 Date 06/26/2009 Time 9:56 am o Wire FROM Information Ref # ._ ........................................... - - --- ----........_, ---- ---- .................... ._.............. _._.._ --......_._.._........__..................... .... ._._........._._........, Debit account 119002078 4 Type ® DDA ? Savings ? G/L ...... .......... - --- .....----........---._......- -.------- ....... _.._..__ Customer Name CORNERSTONE ADMINISY5TEMS ! SSN / EIN ........ ..... .._..........__......_...._. For businesses, list the person placing the request: ! THOMAS MINNICH IDENTIFICATION (of person placing the request) ? In Person ? WR2 Attached Prima I D T PADL_ _ ' ID Number 24404925 - ry ..... ................. _ .................._...YP.e _... _ '. --- .... - ---- ......._._-._ _..._........--..............._......... Issued BY i PA - _ _ -.- , _Issue Date 1/5/06 _ _ _._. ....... Expiration Date ; 12/31/09 -- ... _..........._. I.D. .._._._._.Type VISA Issued By E`TR Issue Date I Expiration Date 8/2010 If using a credit card for secondary ID, list the issuer, and NOT the number. .. --....... .._- Wire Transfer .Arnuunt $ 8000.00 ..._........ ....-- ............................_._..._......._....._........_. Wire Transfer Fee $ ' 30.00 Total $ ! 8030.00 © Wire TO Information Destination Bank Name THE UNION NATIONAL BANK Destination Bank Address' 1 NORTH OAK STREET, PO BOX 367 MOUNT CARMEL PA 17851 Destination ABA Number , 031303093 Beneficiary Name AMERICAN HOSE & CHEMICAL FIRE COMPANY - _- --- -- - Beneficiary Address ! SIXTH & VINE STREETS MOUNT CARMEL PA 17851 Account Number ! 0155891501 ! 589150 Special Instructions Q Customer Authorization I hereby authorize Susquehanna to initiate a wire transfer on my behalf, or on behalf of the entity I represent, as show above. I understand the above request is subject to Susquehanna's Retail Funds Transfer Agreement and the originator agrees to be bound by the terms of the Retail Funds Transfer Agreement. X Customer Signature Employee Verification (Bank Use Only) Employee accepting request Signature Printed Name Date Printed Name & Title Employee ID # Approval required below if wire exceeds the check signing / wire authority of the employee accepting the request. Over-Limit Approval X Over-Limit Approval Signature EMPLOYEE INSTRUCTIONS: (1) Call 1-866-350-9473. Record name of Wire Room Operator: (2) Fax wire request to 1-717-627-2854 (3) Record name of Wire Room Operator conducting call-back: (4) Record name of Branch / Dept employee receiving call-back: Printed Name & Title Employee ID # Susquehann4 Request for Domestic Funds Transfer - WR1 Rev. 9-3-2008 Date 6/12/09 ! Time 19:36am Ref # 0 Wire FROM Information Debit account 119002078 _-__ - ? Type ®DD g A ? Savin s GIL Customer Name Cornerstone Adminisystems--_ SSN / EIN 1 23-2770384 For businesses, list the person placing the request: I-Thomas N Minnich i IDENTIFICATION (of person placing the request) Primary i.D_- - - Tyke Lp Issued by ; pa Secondary LD...... _ Type visa Issued By ® In Person ? WR2 Attached --r--._.---- - !_ ID Number 1 2440492...5 -i Issue Date ! 1/5/2006 j I - - ! ID _Number • e'trade - -Issue Date i E If using a credit card for secondary ID, Wire Transfer Amount $ 4000.00 i Wire Transfer Fee ! $ --'-----'-----.___-__ ? 30.00 i Total -- ---'-- -'-'-- -'' $- ---------'---- 4000.00- Q Wire TO Information Destination Bank Name j The Union. National Bank Destination Bank Address _ - - - --C_..-armel Pa '-1-7851- , 1 North Oak-St-re.-et, PO Box 367 Mount.. Destination ABA Number , 1 031303093 Beneficiary Name i American Hose & Chemical Fire Company Beneficiary Address Sixth & Vine Streets Mount Carmel PA 1 7851 Account Number _ 1155891501 - ^ -- Special Instructions an Date ! 8/10 issuer, and NOT the number. Q Customer Authorization I hereby authorize Susquehanna to initiate a wire transfer on my behalf, or on behalf of the entity I represent, as show above. I understand the above request is subject to Susquehanna's Retail Funds Transfer Agreement and the originator agrees to be bound by the terms of the Retail Funds Transfer Agreement. X Customer Signature Printed Name Employee Verification (Bank Use Only) Employee accepting request X Signature Printed Name & Title Employee ID # Approval required below if wire exceeds the check signing / wire authority of the employee accepting the request. Over-Limit Approval X Over-Limit Approval Signature EMPLOYEE INSTRUCTIONS: (1) Call 1-866-350-9473. Record name of Wire Room Operator: (2) Fax wire request to 1-717-627-2854 (3) Record name of Wire Room Operator conducting call-back: (4) Record name of Branch / Dept employee receiving call-back: 12/31 Printed Name & Title Employee ID # Date Susquehann4 Request for Domestic Funds Transfer - WR1 Rev. 9-3-2008 Date f 2/19/2009 Time 9:06am Ref # 0 Wire FROM Information Debit account 1 119002078 ! 4 Type E DDA _? Savings ? G/L Customer Name L-Comerstone Adminis ems 1 SSN / EIN , 23-2770384 For businesses, list the person placing the request: ! Thomas N Minnich - -- j IDENTIFICATION (of person placing the request) ® In Person ? WR2 Attached Prima 2_.I _D ._. ...................-...._TYPe.. rp..adl ------- ? ?D Number i 24404925 T----- ---- Issued By t pa - ! Issue Date 11/5!2006 -- i Expiration Date 12/31/2009 visa _ Issued By E*trade Issue Date_ Expiration Date 1 _8/10_ • If using a credit card for secondary ID, list the issuer, and NOT the Wire Transfer Amount 8000.00 Wire Transfer Fee $ 30.00 Total $ I 8030.00 Q Wire TO Information Destination Bank Name j The Union National Bank Destination Bank Address 1 North Oak Street, PO Box 367 Mount Carmel, Pa 17851 Destination ABA Number 031303093 Beneficiary Name American Hose & Chemical Fire Company Beneficiary Address i Sixth & Vine Streets Mount Carmel PA 17851 Account Number ; 0155891501 ??- - Special Instructions © Customer Authorization I hereby authorize Susquehanna to initiate a wire transfer on my behalf, or on behalf of the entity I represent, as show above. I understand the above request is subject to Susquehanna's Retail Funds Transfer Agreement and the originator agrees to be bound by the terms of the Retail Funds Transfer Agreement. x z _ ustomer Signature Employee Verification (Bank Use Only) Employee accepting request Signature Approval required below if wire exceeds the check signing / wire authority of the employee accepting the request. Over-Limit Approval x Over-Limit Approval Signature EMPLOYEE INSTRUCTIONS: (1) Call 1-866-350-9473. Record name of Wire Room Operator: (2) Fax wire request to 1-717-627-2854 (3) Record name of Wire Room Operator conducting call-back: (4) Record name of Branch / Dept employee receiving call-back: Printed Name Printed Name & Title Employee ID # ,;2h4 lc Dat Printed Name & Title Employee ID # 03/11/2010 12:39PM Prepared By: CAW For Period: 06/2912008 To: 07/05/2008 Thea Tafner American Hose Co Ambulance C/O Creations By Carter 498 Elysburg Road (Route 54) Danville, PA 17821 Payments posted to patient accounts: Fee, 10.0% of collected amount: -849.05 Advance: Less payments received by American Hose Co Ambulance: 06/30/2008, Medicare EFT 882467905: -313.25 07/01/2008, Medicare EFT 882470464: -320.08 Amount due American Hose Co Ambulance: This amount will be transferred electronically to your account. 1 Reprint 8,490.54 $8,490.54 25,000.00 $32,641.49 $32,008.16 $32,008.16 Notes: Advance- Repayment terms to be determined. 000807090002 July 9 2008 Void After. 0 110 5/2 0 09 Thirty two thousand eight and 161100 Dollars '32,008.16 American Hose Co Ambulance C/O Creations By Carter 498 Elysburg Road (Route 54) Danville, PA 17821 Non-Negotiable L?JILrriLrlrr lr';'I I:? VERIFICATION I, THOMAS N. MINNICH, Vice-President of Plaintiff Cornerstone Adminisystems, Inc., above-named, being duly sworn according to law, deposes that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: o? OMAS N. MINNICH Vice-President HUMMEL &LEWIS, LLP ;Y~ ~' ; " ~~" ~ '- f;n`1 Michael B. Smith, Esquire I.D. No. 207158 ~~~~ Pic't' -5 Pi~l ~' 49 3 East Fifth Street Bloomsburg, PA 17815 ~~~~` ;`-~ ;~'~"_ '~ (570) 784-7516 , , , ~~ ~ ~"' "~ ~' Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC PLAINTIFF, CIVIL ACTION -LAW V"S. AMERICAN HOSE & CHEMICAL FIRE COMPANY, DEFENDANT NO. 10-2199 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, American Hose & Chemical Fire Company, and direct all further correspondence in this matter to me at the address indicated above. LAW OFFICES HUMMEL &LEWIS, LLP DATE: MAY 4, 2010 /-I ~(,~I MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC. CNIL ACTION -LAW PLAINTIFF, VS. NO. 10-2199 AMERICAN HOSE & CHEMICAL : FIRE COMPANY, DEFENDANT. CERTIFICATE OF SERVICE I, MICHAEL B. SMITH, ESQUIRE, do hereby certify that I served a true and correct copy of the attached document in the above-captioned matter by first class mail, postage prepaid, on the 4th day of May, 2010, upon the following individuals: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 LAW OFFICES HUMMEL & LEWIS, LLP ,( MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FiL':!.~--~..': '_;L. Sheriff ~ ~ ~^~ ~ ~ ~ - ~ .- ~ I ~~y~~1dS' ~t 4117tl tlr~*~(~~~~ `.~~ E'~-. ~.~~~ ~ (~`t~Y Jody S Smith Chief Deputy ~ Z~~~ ~~ -~ Y!'= ~: ++i3 Richard W Stewart Solicitor ~f~ ~ . ~ ~~~~~ C~1~~~- ._ ,yl~',irl' Cornerstone Adminisystems, Inc. vs. American Hose & Chemical Fire Company (et al.) Case Number 2010-2199 SHERIFF'S RETURN OF SERVICE 06/07/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thea Tafner, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Northumberland County, PA to serve the within Complaint and Notice according to law. 06/30/2010 Northumberland County Return: And now June 30, 2010 at 1530 hours I, Chad A. Reiner, Sheriff of Northumberland County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thea Tafner by making known unto herself personally, at The Northumberland County Sheriffs Office, 201 Market Street, Sunbury, PA 17801 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 06, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~; CounrySuite Sne;-*t. Teiecsc?T_ Inc. SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY Chad A Reiner Sheriff >E~t. ,.~~~~.. ` ,. _' ~.~ ..,' L «4~ Tony Matulewicz, Esq Solicitor Randy Coe Chief Deputy CORNERSTONE ADMINISYSTEMS, INC. vs. AMERICAN HOSE & CHEMICAL FIRE COMPANY (et al.) Case Number 10 CV 02199 SHERIFF'S RETURN OF SERVICE 06/30/2010 03:30 PM -SERVED THE REQUESTED CIVIL ACTION BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: THEA TAFNER AT THE NORTHUMBERLAND COUNTY SHERIFF'S OFFICE, 201 MARKET ST., SUNBURY, PA 17801 BY: CHAUNDY, BERNADETTE SHERIFF COST: $112.00 July 01, 2010 SO ANSWERS, CHAD A REINER, SHERIFF Sworn to ar~d Subscribed b~e.,fcor~e ' ~-;-;~ tb;c j ~~y of ~~' °°~~ ~r'1~ ,.~,' q 1.1 ,°1. ~J . i:. ~: B ~~ty Ccmm. c xp. 1si n,1on. Jan. 2014 . ~ ' Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Cornea A. DIEHL Adminisystems, Inc. ,~c T ,~ ~ ,.r, Y 20(~ ~uL I C~ ~t~~ I. 3f Per=`~li`.. ~~j, dr^`'i;,'a, CORNERSTONE ADM INC., v. AMERICAN HOSE & C FIRE COMPANY, NOW COMES ] Law Offices of Craig A. 7. Denied. transferred. Proof of the 8. Denied. pleading is required. 9. Denied. pleading is required. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JISYSTEMS, Plaintiff . NO. 10-2199 Civil Term Defendant CIVIL ACTION -LAW intiff, Cornerstone Adminisystems, Inc., by and through its counsel, ehl, answering the pleadings as follows: NEW MATTER e copies attached to the Complaint merely substantiate the amounts ire transfer amounts received by Defendant will be proven at trial. ie averment contains a conclusion of law to which no responsive averment contains a conclusion of law to which no responsive i 10. Denied. pleading is required. 11. Denied. pleading is required. 12. Admitte 13. Denied. Tafner. The averment contains a conclusion of law to which no responsive The averment contains a conclusion of law to which no responsive transactions were entered into by the Chairman of Defendant, Thea 14. Denied. 15. Denied. pleading is required. 16. Denied. pleading is required. 17. Denied. ~ 18. Denied. Defendant to accept the c 19. Denied. pleading is required. 20. Denied. pleading is required. 21. Denied. prejudicial averment and 22. Denied. pleading is required. efendant did receive reports reflecting the outstanding cash advances. The averment contains a conclusion of law to which no responsive The averment contains a conclusion of law to which no responsive transactions occurred with the Chairman of Defendant, Thea Tafner. intiff was unaware that Thea Tafner did not have authority from advances. averment contains a conclusion of law to which no responsive averment contains a conclusion of law to which no responsive itiff has no idea what Defendant is even suggesting by this proof thereof is demanded at trial. averment contains a conclusion of law to which no responsive i COUNTERCLAIM 23. Denied. o responsive pleading is required. 24. 25. Admi 26. Denied. efendant's President, James Reed was fully aware of the monies being withheld by Corners one Adminisystems, Inc. A representative from Cornerstone Adminisystems, Inc. me in person with James Reed on several occasions regarding this issue. WHEREFORE, ornerstone Adminisystems, Inc. respectfully requests that judgment be entered in favor of Co erstone Adminisystems, Inc. and against American Hose & Chemical Fire Company, and for s~ch other relief this Court deems just and reasonable. NEW MATTER TO COUNTERCLAIM 27. Cornersto e Adminisystems, Inc. admits that it has withheld the sum of Thirty- Four Thousand Six Hun ed Ninety-Five Dollars and Ninety Cents ($34,695.90) from American Hose & Chemical Fire Company with full knowledge of American Hose & Chemical Fire Company. 28. A compan on case docketed with this Court at No. 10-2200 also seeks an offset of the same amount. 29. Only one ffset of Thirty-Four Thousand Six Hundred Ninety-Five Dollars and Ninety Cents ($34,695.9 )should be granted in this proceeding and should not be duplicated in the companion case dock ted at 10-2200. 30. Defenda~t has received the cash advances and the benefits associated therewith and should be barred by the doctrine of estoppel from claiming otherwise. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: p By, r Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff Cornerstone Adminisystems, Inc. ~~R~zCA~'~IC~N I, Thoma Minnick, 'V'ice President of Plaintiff, Cornerstone Adzz~nisystems, Inc., above- nauied, being d y swarzt according to law, deposes that the facts set forkh in the fare~oing Plaintiffs Answ r to I7gfendant's New Matter and Counterclaim with New ~ Matter to Counterclaim ~ira txue and cot~ect to the best of my lznowledge, itlformation, and belief. The undersigned untie steatda that the statements made therein. are made subject to the penalties of 18 Pa. C.S. ~4~04 re acing to unsworn falsification to authorities, ~_ Thomas Minnick, Vice President Cornerstone Adminisystems, Inc, CERTIFICATE OF SERVICE AND NOW, th /Cp `~ day of July, 2010, the undersigned hereby certifies that a true and correct opy of the foregoing Plaintiffls Answer to Defendant's New Matter and Counterclaim with Ne Matter to Counterclaim was served upon the opposing party by way of United States first class ail, postage prepaid, addressed as follows: Michael B. Smith, Esquire Hummel & Lewis, LLP 3 East Fifth Street Bloomsburg, PA 17815 De A. Fike, Legal Secretary Laurence C. Kress Attorney and Counselor at Law PA Bar No. 93137 P.O. Box 247 Duncannon, PA 17020 (717) 834-4137 Counsel for Thea Tafner GF THE PRp THQ r E 1011 APR ?dt? TAR Y -1 AM 8:46 CU BERL Y D CVA AY IN THE COURT OF COMMON PLEAS FOR THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC., Plaintiff, V. AMERICAN HOSE & CHEMICAL FIRE COMPANY, Defendant, V. THEA TAFNER, Additional Defendant. Docket No. 10-2199 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Laurence C. Kress, Esquire, as counsel for the Defendant, Thea Tafner, in the above-captioned case. Respectfully submitted, Date: _ i1?n ce C. Kress, Esquire CERTIFICATE OF SERVICE I hereby certify that on the date set forth below, I served a copy of the foregoing Praecipe for Entry of Appearance via 1St class mail, postage pre-paid upon the following: Craig A. Diehl, Esquire LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Counsel for Cornerstone Adminisystems, Inc. Michael B. Smith, Esquire HUMMEL & LEWIS, LLP 3 East Fifth Street Bloomsburg, PA 17815 Counsel for American Hose & Chemical Fire Company Date: Laurence C. Kress, Esquire Laurence C. Kress Attorney and Counselor at Law PA Bar No. 93137 P.O. Box 247 Duncannon, PA 17020 (717) 834-4137 Counsel for Thea Tafner 0C THE Ra off ?-1Cr NOTARY 2911 APR CUMBFRLANO PENMS Y(, VA N)ANT Y IN THE COURT OF COMMON PLEAS FOR THE 9t' JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC., Plaintiff, v. AMERICAN HOSE & CHEMICAL FIRE COMPANY, Defendant, V. THEA TAFNER, Additional Defendant. Docket No. 10-2199 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT THEA TAFNER'S ANSWER TO DEFENDANT AMERICAN HOSE & CHEMICAL FIRE COMPANY'S COMPLAINT AGAINST HER AS ADDITIONAL DEFENDANT AND NOW comes the Defendant, Thea Tafner, by and through her counsel, Laurence C. Kress, Esquire, and answers Defendant American Hose & Chemical Fire Company's Complaint Against her as Additional Defendant as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Additional Defendant Tafner served as Defendant American Hose's Chairperson of the Ambulance Committee during the specified period. After reasonable investigation, Additional Defendant Tafner is without information sufficient to form a belief as to the truth of the averment that she had unfettered control over Defendant American Hose's financial affairs during that time. Strict proof thereof is demanded. 6. Averment states a conclusion of law to which no answer is required. 7. Averment states a conclusion of law to which no answer is required. Admitted in part and denied in part. It is admitted that Additional Defendant Tafner converted funds for her personal use during her tenure as Chairperson. of the Ambulance Committee. After reasonable investigation, Additional Defendant Tafner is without information sufficient to form a belief as to the truth of the averment that the conversion of funds resulted in Defendant American Hose being unable to meet its financial obligations. Strict proof thereof is demanded. 9. Averment states a conclusion of law to which no answer is required. 10. Admitted in part and denied in part. It is admitted that Plaintiff Cornerstone mailed invoices to Additional Defendant Tafner at her residence. It is denied that said invoices were mailed to Additional Defendant Tafner personally. The invoices were addressed to Additional Defendant Tafner in her capacity as Chairperson. 11. Averment states a conclusion of law to which no answer is required. 12. Averment states a conclusion of law to which no answer is required. WHEREFORE, Additional Defendant Tafner respectfully demands: A. Judgment in her favor and against Defendant American Hose; 2 B. Judgment that, if there is any liability to Plaintiff Cornerstone, Defendant American Hose is solely liable to Plaintiff Cornerstone; C. In the event that Plaintiff Cornerstone obtains a judgment against Defendant American Hose, that Additional Defendant Tafner is not liable to Defendant American Hose by way of indemnification and/or contribution for the amount recovered by Plaintiff Cornerstone against Defendant American Hose; D. Costs and attorney's fees; and E. Any other appropriate relief as determined by the Court. NEW MATTER 13. Additional Defendant Tafner acted in her capacity as Chairperson of the Ambulance Committee in signing the Cash Advance Agreement. 14. Additional Defendant Tafner had authority to bind Defendant American Hose. 15. Defendant American Hose, and specifically its president, James Reed, was well aware of the Agreement and its terms, and ratified the Agreement. 16. All funds advanced by Plaintiff Cornerstone were used for payroll and other legitimate expenses of Defendant American Hose. None of the advanced funds were converted by Additional Defendant Tafner for her personal use. 17. Additional Defendant Tafner asserts the defense of waiver. 18. Defendant American Hose has failed to mitigate its damages. 19. Defendant American Hose's Complaint against Additional Defendant Tafner fails to state a claim upon which relief can be granted. 20. If Additional Defendant Tafner is liable to Defendant American Hose, any 3 judgment must be reduced by the amount paid by Additional Defendant Tafner to Defendant American Hose as restitution pursuant to a criminal judgment. WHEREFORE, Additional Defendant Tafner respectfully demands: A. Judgment in her favor and against Defendant American Hose; B. Judgment that, if there is any liability to Plaintiff Cornerstone, Defendant American Hose is solely liable to Plaintiff Cornerstone; C. In the event that Plaintiff Cornerstone obtains a judgment against Defendant American Hose, that Additional Defendant Tafner is not liable to Defendant American Hose by way of indemnification and/or contribution for the amount recovered by Plaintiff Cornerstone against Defendant American Hose; D. Costs and attorney's fees; and E. Any other appropriate relief as determined by the Court. Respectfully submitted, Dated: Laurence C. Kress, Esquire Counsel for Thea Tafner 4 Mar 31 11 04:00p Wetzel Notary Services 5702756521 p.1 VERMCATION I hereby verify that the information contained in the foregoing Answer is true and correct to the best of my knowledge. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification. Date: 3 I CIZ? 5 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below, I served the foregoing Answer via Pt Class United States mail, postage pre-paid upon the following: Craig A. Diehl, Esquire LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 170113 Counsel for Cornerstone Adminisystems Michael B. Smith, Esquire HUMMEL & LEWIS, LLP 3 East Fifth Street Bloomsburg, PA 17815 Counsel for American Hose & Chemical Fire Company Date: f l / G „o_ tatiience C. Kress, Esquire 6 HUMMEL & LE WIS, LLP Michael B. Smith, Esquire ` c it }3 : I.D. No. 207158 i? 3 East Fifth Street C?D SERLAND COUNTY Bloomsburg, PA 17815 PENNSYLVANIA 570) 784-7516 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC. CIVIL ACTION - LAW PLAINTIFF, VS. NO. 10-2199 AMERICAN HOSE & CHEMICAL FIRE COMPANY, DEFENDANT, : JURY TRIAL DEMANDED VS. THEA TAFNER, ; ADDITIONAL DEFENDANT. : DEFENDANT'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER Defendant, by its attorney, Michael B. Smith of Hummel & Lewis, LLP, files this Reply to Additional Defendant's New Matter as follows: 13. Additional Defendant Tafner acted in her capacity as Chairperson of the Ambulance Committee in signing the Cash Advance Agreement. ANSWER: It is denied that Additional Tafner acted in her capacity as Chairperson of the Ambulance Committee in signing the Cash Advance Agreement. In further answer thereto, Additional Defendant Tafner signed the Agreement without the knowledge or consent of anyone else within the Fire Company or Ambulance Committee. 14. Additional Defendant Tafner had authority to bind Defendant American Hose. 1 ANSWER: The allegation in the preceding paragraph is a conclusion of law to which no response is required. In further answer thereto, Additional Defendant Tafner only had authority to bind Defendant American Hose after discussing the venture at a meeting and receiving approval by vote, which she did not do in this circumstance. In further answer thereto, Plaintiff Cornerstone knew that Additional Defendant Tafner had no authority to bind Defendant American Hose relative to the cash advances. 15. Defendant American Hose, and specifically its president, James Reed, was well aware of the Agreement and its terms, and ratified the Agreement. ANSWER: It is denied that Defendant American Hose, and specifically its president, James Reed, was well aware of the Agreement and its terms, and ratified the Agreement. 16. All funds advanced by Plaintiff Cornerstone were used for payroll and other legitimate expenses of Defendant American Hose. None of the advanced funds were converted by Additional Defendant Tafner for her personal use. ANSWER: It is denied that all funds advanced by Plaintiff Cornerstone were used for payroll and other legitimate expenses of Defendant American Hose. It is further denied that none of the advanced funds were converted by Additional Defendant Tafner for her personal use. In further answer thereto, Additional Defendant Tafner pleaded guilty to converting Medicare funds that were intended for Defendant American Hose. 17. Additional Defendant Tafner asserts the defense of waiver. ANSWER: The preceding allegation is a conclusion of law to which no response is required. 18. Defendant American Hose has failed to mitigate its damages. ANSWER: The preceding allegation is a conclusion of law to which no response is 2 required. 19. Defendant American Hose's Complaint against Additional Defendant Tafner fails to state a claim upon which relief can be granted. ANSWER: The preceding allegation is a conclusion of law to which no response is required. 20. If Additional Defendant Tafner is liable to Defendant American Hose, any judgment must be reduced by the amount paid by Additional Defendant Tafner to Defendant American Hose as restitution pursuant to a criminal judgment. ANSWER: The preceding allegation is a conclusion of law to which no response is required. In further answer thereto, Defendant American Hose has other creditors seeking payment because of the acts of Additional Defendant Tafner. Defendant American Hose will use all monies received as restitution from Additional Defendant Tafner to pay its creditors. Therefore, any reduction should be proportionate to the amount for which Defendant American Hose is liable to Cornerstone relative to the total amount Defendant American Hose is responsible to all creditors on account of Additional Defendant Tafner's actions. LAW OFFICES HUMMEL & LEWIS, LLP DATE: APRIL 26, 2011 A .,t,• MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT 3 VERIFICATION I, James Reed, President of American Hose & Chemical Fire Company, being vested with full authority to make this Verification, do hereby verify that the facts set forth in the foregoing document are true and correct to the best of my personal knowledge, information, and belief. I further understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsifications to authorities. /11??S REED IN THE COURT OF COMMON PLEAS OF THE 9'H JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC. PLAINTIFF, VS. AMERICAN HOSE & CHEMICAL : FIRE COMPANY, DEFENDANT, VS. THEA TAFNER, ; ADDITIONAL DEFENDANT. CIVIL ACTION - LAW NO. 10-2199 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MICHAEL B. SMITH, ESQUIRE, do hereby certify that I served a true and correct copy of Defendant's Reply to Additional Defendant's New Matter in the above-captioned matter by first class mail, postage prepaid, on the 26th day of April, 2011, upon the following individuals: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Laurence C. Kress, Esquire P. O. Box 247 Duncannon, PA 17020 Attorney for Additional Defendant LAW OFFICES HUMMEL & LEWIS, LLP MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT i i Ji ! a i., t- HUMMEL & LEWIS, LLP' [ i's q Michael B. Smith, Esquire PR 2 7 P' I.D. No. 207158 3 East Fifth Street C MBER AND CQUt4T Bloomsburg, PA 17815 (570) 784-7516 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC. PLAINTIFF, CIVIL ACTION - LAW VS. AMERICAN HOSE & CHEMICAL FIRE COMPANY, DEFENDANT, VS. THEA TAFNER, ADDITIONAL DEFENDANT. JURY TRIAL DEMANDED DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER TO COUNTERCLAIM Defendant, by its attorney, Michael B. Smith of Hummel & Lewis, LLP, files this Reply to Plaintiff's New Matter to Counterclaim as follows: 27. Cornerstone Adminisytems, Inc. admits that it has withheld the sum of Thirty-Four Thousand Six Hundred Ninety-Five Dollars and Ninety Cents ($34,695.90) from American Hose & Chemical Fire Company with full knowledge of American Hose & Chemical Fire Company. REPLY: Admitted. 28. A companion case docketed with this Court at No. 10-2200 also seeks an offset of the same amount. REPLY: Admitted. 29. Only one offset of Thirty-Four Thousand Six Hundred Ninety-Five Dollars and NO. 10-2199 1 Ninety Cents ($34,695.90) should be granted in this proceeding and should not be duplicated in the companion case docketed at 10-2200. REPLY: Admitted. 30. Defendant has received the cash advances and the benefits associated therewith and should be barred by the doctrine of estoppel from claiming otherwise. REPLY: It is denied that Defendant received cash advances. It is further denied that Defendant received any benefits associated with any alleged cash advanced. It is alleged that Additional Defendant Tafner received the cash advances and used them for her personal gain. With respect to the allegation that Defendant should be barred by the doctrine of estoppel, the allegation is a conclusion of law, to which no response is required. LAW OFFICES HUMMEL & LEWIS, LLP DATE: APRIL 26, 2011 /- ? #" MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT 2 VERIFICATION 1, James Reed, President of American Hose & Chemical Fire Company, being vested with full authority to make this Verification, do hereby verify that the facts set forth in the foregoing document are true and correct to the best of my personal knowledge, information, and belief. I further understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. ES REED IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CORNERSTONE ADMINISYSTEMS, INC. PLAINTIFF, VS. AMERICAN HOSE & CHEMICAL FIRE COMPANY, DEFENDANT, VS. : THEA TAFNER, ADDITIONAL DEFENDANT. CIVIL ACTION - LAW NO. 10-2199 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MICHAEL B. SMITH, ESQUIRE, do hereby certify that I served a true and correct copy of Defendant's Reply to Plaintiff's New Matter to Counterclaim in the above-captioned matter by first class mail, postage prepaid, on the 26th day of April, 2011, upon the following individuals: Craig A. Diehl, Esquire Laurence C. Kress, Esquire 3464 Trindle Road P. O. Box 247 Camp Hill, PA 17011 Duncannon, PA 17020 Attorney for Plaintiff Attorney for Additional Defendant LAW OFFICES HUMMEL & LEWIS, LLP k - ", MICHAEL B. SMITH, ESQUIRE ATTORNEY FOR DEFENDANT Craig A. Diehl, Esquire I.D. No. 52801 LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Cornerstone Adminisystems, Inc. 7 S v4 to CORNERSTONE ADMINISYSTEMS, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 10-2199 Civil Term AMERICAN HOSE & CHEMICAL FIRE COMPANY, Defendant THEA TAFNER, To the Prothonotary: Date: : CIVIL ACTION — LAW v. Additional Defendant : PRAECIPE TO SETTLE AND DISCONTINUE Kindly mark the above -captioned proceeding as settled and discontinued. By: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL ets' Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, the / day of June, 2014, the undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Michael B. Smith, Esquire Hummel & Lewis, LLP 3 East Fifth Street Bloomsburg, PA 17815 Laurence C. Kress, Esquire P.O. Box 247 Duncannon, PA 17020 Debra A. Fike, Legal Secretary