Loading...
HomeMy WebLinkAbout10-2977 r r !. ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff ON-LINE PUBLISHERS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v AMY RUSSELL individually and trading as WITHOUT- A - HITCH, Defendant(s) NO. 10 - All (?;tviL %e t-?A CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 O 44A.oo Po arr`-/ 14 oa y AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en [as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado Una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ON-LINE PUBLISHERS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. AMY RUSSELL individually and trading as WITHOUT- A - HITCH, Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, ON-LINE Publishers, Inc., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant(s) to recover the sum of THREE THOUSAND TWENTYTHREE DOLLARSAND EIGHTY-NINE CENTS ($3,023.89), along with interest thereon at the rate of 1.5% per month from November 27, 2009 upon a cause of action of which the following is a statement: 1. The Plaintiff, ON-LINE Publishers, Inc., is a corporation organized and existing under the laws of the State of Pennsylvania, having its principal office and place of business at 3912 Abel Drive, Columbia, Pennsylvania 17512. 2. The Defendant, AMY RUSSELL individually and trading as WITHOUT-A-HITCH, is an adult individual residing at 11 SCHOOLHOUSE ROAD, P.O. BOX 311, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA 17241. F:A USE.IZ\ TONYA\COMMON PLEAS CMPS\COMPLAINTS\ON-LINE PUBLISHERS. 36036mpd 3. On or about July 23, 2008 Defendant(s) submitted a Advertising Contract to Plaintiff, which was granted to Defendant(s) for a start date of November 2008, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 4. On or about July 23, 2008 Defendant(s) submitted a Advertising Contract to Plaintiff, which was granted to Defendant(s) for a start date of February 2009, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 5. On or about July 23, 2008 Defendant(s) submitted a Advertising Contract to Plaintiff, which was granted to Defendant(s) for a start date of November 2008, a true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 6. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Statement of Account hereto attached, marked Exhibit "D" and made a part hereof, Plaintiff, at the special instance request of the Defendant(s), sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit and/or performed labor and provided services of the kind and description set forth on said Exhibit to the total amount of TWO THOUSAND FOUR HUNDRED SIX DOLLARS AND ZERO CENTS ($2,406.00). F:AUSF,R\TONYA\COMMON PLEAS, CMPS\COMPLAINTS\ON-LINE PUBLISHERS.36036.wpd 3 7. The prices charged for said goods, wares and merchandise and/or labor performed or services provided, were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant(s) promised and agreed to pay to Plaintiff. 8. Due to Defendant(s) default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of ONE HUNDRED THIRTEEN DOLLARS AND NINETY-ONE CENTS ($113.91). 9. The balance due and owing by Defendant(s) to Plaintiff is the sum of TWO THOUSAND FIVE HUNDRED NINETEEN DOLLARS AND NINETY-ONE CENTS ($2,519.91). 10. Due to the default of Defendant(s), and pursuant to the terms and conditions of the Advertising Contract executed by Defendant(s) attached hereto as an Exhibit, attorney's fees in the total amount of FIVE HUNDRED THREE DOLLARS AND NINETY-EIGHT CENTS ($503.98) have been added to said account. 11. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant(s). F:\USER\TONYA\COMMON PLEAS CMPS\COMPLAINTS\ON-LINE PUBLISHERS.36036.wpd 4 12. Plaintiff frequently demanded payment from Defendant(s) of said amount due and owing as aforesaid, but Defendant(s) refused and neglected and still refuse(s) and neglect(s) to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant(s) the sum of THREE THOUSAND TWENTY THREE DOLLARS AND EIGHTY-NINE CENTS ($3,023.89), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire ID# 18041 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff F:\USER\TONYA\COMMON PLEAS CMPS\COMPLAINTS\ON-LINE PUBLISHERS.36036.wpd 4VOWLINE PU13L ISHERS-9 INC. ADVERTISING SPACE /INSERTION ORDER Company: Address: Name: Phone:, Fax: E-mail: A4 0-o&at'- G_4 ADVERT fNG SPACE /INSERTION DETAILS Size of Ad: I A , yk-41 Publication: , 4p,? ,?..- Start Date: # of insertions: zr ` Special instMctions: x Ad rate: '. ai ,Z Position/Color Charge:'/ A';/ Preparation charge: Total. Cost: o4jo? ifn :i, 471 Payable: Advertiser understands and acknowledges this contract is not valid or binding until accepted by the Publisher. (Publication of advertisement eonfums %cceptance.) Advertiser is solely responsible for material and copy submitted and for the content of advertisements. Advertiser agrees that cancella- tions received by the Publisher after established deadline are billable to Advertiser and acknowledges an obligation to pay Publisher for this advertis- ing space. Wbenever possible, Advertiser will approve advertisement before publication. In cases of multiple insertions, the Publisher will not be responsible for errors not corrected after the first printing. In cases where Publisher has caused an advertisement error or omission, the Pubbsher's liability to the Advertiser shall not exceed the amount charged the Advertiser for the advertisement. Advertiser will indemnify and hold harmless the Publisher from and against any loss, expense, or other liability arising from any and all claims or suits that may arise out of the publication of such advertisement(s). I further understand that by providing my fax number(s) and/or L-mail address, I authorize and hereby consent on behalf of the company to receive faxes and E-mails sent by On-Line Publishers, Inc. By signature below, Advertiser agrees to the aforementioned terms and conditions of this contract and to the Publisher's payment terms as follows; Payment terms are NEVI 10 days. Interest on toy unpaid balance is applied at a rate of 13% per month. Any legal or other costs associated in the collection of adv unpaid balances ape-ppyable by the Mw,ertiser. Signature: ,•T -.F ,? k .? ?.. Print Name: , / Date: Representative for Ou-Line Publishers, Inc: ;, ,-( - F 3912 Abel Drive, Columbia, PA 17512 -phone; (717)' 285-1350.• , f • (717) 285-1360 PO Box 370, Now Cumberland, PA 17070 • phone: (717) 770-01X0 (717) 770.0149 PO Box 104, Exton, PA 19341 • phone. (610)'675-62400 • faxx: (484) 678-9031 email: info@onlinepub.com • w*w.onlinepub.com White and Yellow Copies - On-Line Publishers, Inc., Fink - Customer Copy BILL TQ: ?'`? fF f V U 1. L 1. L V I V ,. J L 1111, VII L l .11 I V U I I J 11 b I J I l l1 1. i IV. V J I U . T ONwLik ~ PUBLISHERS, INC.. ' vlllll:.viwII.NMIMMlO[IiOMWI11f?YY? e?IlAyl ¦ III ?? ? ADVERTISING SPACE/INSERTION ORDER ADVERTISER Company:rf?f?`-r'f.%??s"?-' Address:' Name: Phone:' - c?`cfc - -`' S Fax: ADVERTISING SPACE/INSERTION DETAILS r' Size ofA.d: 4'.11'1Z A,?'f.? ALIEL Publication: Start Date: a e??C0 # of insertio?s?? 442 ,,/Zgl-.? ?! Special instructions: ' x Ad rate: Lel; -- •- . i?r7 .? ' 1. Posirtioz(Color Eharge: r/ e,:i aration Char e: e P g r p i/se Total Cost: ? Payable: r Advertiser understands and acknowledges this contract is not valid or binding until accepted by the Publisher. (Publication of advertisement confirms acceptance.) Advertiser is solely responsible for material and copy submitted and for the content of advertisements, Advertiser agrees that cancella- tions received by the Publisher after established deadline are billable to Advertiser and acknowledges an obligation to pay Publisher for this advertis- ing space. Whenever possible, Advertiser will approve advertisement before. publication'. In cases of multiple insertions, the Publisher will not be responsible for errors not corrected after the first printing. In cases where Publisher has caused an advertisement error or omission, the Publisher's liability to the Advertiser shall not exceed the amount charged the Advertiser for the advertisement Advertiser will indemnify and hold harmless the Publisher from and against any loss, expense, or other liability arising from any acid all claims or suits that may arise out of the publication, of such advertisement(s). I further understand that by providing my far: number(s) and/or E-mail address, I authorize and hereby consent on behalf of the comprrtry to receive faxes and E-mails sent by On-Line Publishers, Inc. By signature below, Advertiser agrees to the aforementioned terms and conditions of this contract and to the Publisher's payment terms as follows: Payment terms are NU: 10 days. Interest on any unpaid balance its applied at a rate of 1.5% per month. Any legal or other costs associated is the collection of $MYI npaid balances )qe payable by the Advertiser. Signature: Print Name: Date: i - Representative for On-Line Publishers, Inc.: " f'' ,i. • , ,? `-'?? ": '` s' 3912'Abel Drive, Columbia, PA 17512 -phone: (717) 285-1356s°x: (717) 285-1360 PO Box 370, New Cumberland, PA 17070 • phone. (717) 770-0140 - fax: (717) 770-0149 PO Box 104, Exton, PA 19341 -phone: (610) 675-6240 - fax: (484) 678-9031 email. info@orxlinepub.com - www.onlinepub.com White and Yellow Copies - On-Line Publishers, Inc., Pink - Customer Copy .Ilk BILL TO: 11 11 IV, V j I V J 'OWLIN PUBLISHERS, INC. ADVERTISING SPACE /INSERTION ORDER Company: Address: Name: Phone: BILL TO. Fax: E-mail: : 1< c %?Cr?r'°Ci -??r -?- -r- ADVERTISING SPACE/INSERTION DEALS f. Size of.AAd: f? Publication: d` fs'J.! x,?J .? StartDate: Z'1,116 1V X00 Special instructions: # of insertions: x Ad rate: Position/Color Charge:. /''r' -zz e'az'g l''o Preparation Charge: Total Cost: Payable: .r"d'i'rk? J,4` Advertiser understands and acknowledges this contract is not valid or binding until accepted by the Publisher. (Publication of advertisement corms acceptance.) Advertiser is solely responsible for material, and copy submitted and for the content of advertisements. Advertiser agrees that cancella- tions received by the Publisher after established deadline are billable to Advertiser and acknowledges an obligation to pay Publisher for. this advertis- ing space. Whenever possible, Advertiser will approve advertisement before publication. In cases of multiple insertions, the Publisher will not be responsible for errors not corrected after the first printing. In cases where Publisher has caused an advertisement error or omission, the Publisher's liability to the Advertiser shall not exceed the amount charged the Advertiser for the advertisement. Advertiser will indemnify and hold harmless the Publisher from and against any loss, expense, or other liability arising from any and all claims or suits that may arise out of the publication of such advertisement(s). I further understand that by providing my fax number(s) and/or E-mail address, I authorize and hereby consent on behalf of the company to receive faxes and &mails seat by On-Line Publishers, Inc. By signature below, Advertiser agrees to the aforementioned terms and conditions of this contract and to the Publisher's payment terms as follows: Payment terms are NE days. Interest on any unpaid balance is applied at a rate of 1.5% per month. Any legal or other costs associated in the collection of any p d balan payable by the Advertiser. $i ature: ? ? vvl` t? . C / ?,` ti-? x e: t k =Date: l1? _• k? ter e?' Print Nam ? Representative for On-Line Publishers Inc.: 3912 Abel Drive, Columbiq,-PA-17512 -phone: (717) 285-13 • fal (717) 285-1360 (717) 770-0149 PO Box 370, New Cumberland, PA 17070 • phone: (717) 770-04,40 -f PO Box 104, Exton, PA 19341 -phone: (610) 675-6240 • fa-x--(,484) 678-9031 email: info@onlinepub.com • www.onlinepub.com White and Fellow Copies - Orr-Line Publishers, Inc., Pink - Customer Copy On-Line Publishers, Inc. 3912 Abel Drive Columbia, PA 17512 717-285-1350 BILL TO Without-A-Hitch Amy Russel PO Box 311 Newville, PA 17241 Statement DATE 7] 10/27/2009 AMOUNT DUE AMOUNT ENC. $2,406.00 DATE DESCRIPTION AMOUNT BALANCE 07/31/2009 Balance forward 2,406.00 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE AMOUNT DUE 0.00 0.00 0.00 0.00 2,406.00 $2,406.00 VERIFICATION 1, X?.. a /a I /I- C , L "Ye.? I (name) (title) Of verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. ON-LINE PUBLISHERS, INC. .............. . ........ By: Title: Dated: o 38038/783819 WITHOUT A HITCH ON-LINE PUBLISHERS, INC., Plaintiff, v. AMY RUSSELL n/b/m AMY C. ANDRADE individually and trading as WITHOUT-A-HITCH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-2977 CIVIL ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD To: ON-LINE Publishers, Inc. ~~ ~~ ~; ~-';-~ ' a ~- ~' c/o Robert D. Kodak, Esquire ~ ~- ,__ _,_ Kodak & Imblum, P.C. N ~`~% ~ c,~~ 407 N. Front Street -m ---~ _ P.O. Box 11848 ~ f ~ `~ ~~ Harrisburg, PA 17108-1848 _ ~' ~• ~ _ ~: 4 You aze hereby notified to file a written response to the New Matter that was filed on July 28, 2010 within twenty (20) days from service hereof or a judgment may be entered against you. By: Andrew I~. Shaw, Esquire Sup. Ct. LD. No. 87371 200 S. Spring Gazden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Defendant Amy C. Andrade ON-LINE PUBLISHERS, INC., Plaintiff, v. AMY RUSSELL n/b/m AMY C. ANDRADE individually and trading as WITHOUT-A-HITCH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 10.2977 CIVIL ACTION JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Amy Russell, now by marriage, Amy C. Andrade individually and trading asWITHOUT-A-HITCH, by and through her attorney, Andrew H. Shaw, and files this Answer and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. 4. 5. 6. Denied as stated. Exhibit A speaks for itself. Denied as stated. Exhibit B speaks for itself. Denied as stated. Exhibit C speaks for itself. Denied. It is specifically denied that Plaintiff provided the services as outlined in Exhibit D, as Exhibit D provides no description of services rendered. Defendant denies the total amount owed is $2,406.00. Specific proof thereof is demanded at trial. As a matter of further response, Plaintiff failed to provide services as outlined in the contracts identified above as Exhibits A, B and C. 7. Paragraph 7 of Plaintiff s Complaint is a legal conclusion to which no response is required. To the extent a response is required, it is denied that Plaintiff provided the services outlined in the contracts identified above as Exhibits A, B and 8. Pazagraph 8 of Plaintiff s Complaint is a legal conclusion to which no response is required. To the extent a response is required, it is denied that Defendant defaulted in payment of said amount due. Further, after reasonable investigation, Defendant Andrade is without information or knowledge sufficient to answer the averments made by Plaintiff in Pazagraph 8 of its Complaint related to the calculation of interest due. 9. Denied. It is denied the balance due and owing by Defendant to Plaintiff is $2,519.91. Specific proof thereof is demanded at trial. 10. Denied. It is denied that Defendant is in default. It is further denied that Defendant owes any attorney fees related to Plaintiff's demand. Further, after reasonable investigation, Defendant Andrade is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 10 of its Complaint related to the calculation of attorney's fees due. 11. Denied. It is specifically denied that Plaintiff has previously provided invoices to Defendant. Strict proof thereof is demanded at trial. 12. Denied. It is denied that Defendant refused and neglected to pay said amount or any part thereof due to Plaintiff. Further, Defendant denies any inference that a balance is due to Plaintiff. Strict proof thereof is demanded at trial. WHEREFORE, Defendant Andrade respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. NEW MATTER 13. Paragraphs 1 through 12 aze incorporated herein by reference as though set forth in full. 14. Plaintiffs' Complaint fails to state any cause of action upon which relief may be granted. 15. Plaintiffs' claims aze barred by the doctrine of unclean hands. 16. To the extent that Plaintiffs have suffered any damage, said damage was caused by Plaintiffs, and not by the action or inaction of Defendants. 17. Plaintiffs' claims are barred because they have failed to mitigate any damages they may have suffered. 18. Plaintiffs' claims aze barred by the doctrine of estoppel. 19. Plaintiffs' claims aze barred by the doctrine of lathes. 20. Plaintiffs' claims aze barred by the defense of accord and satisfaction. 21. Plaintiffs' claims aze barred by the statute of fraud. 22. Plaintiffs' claims aze barred by the doctrine of consent. 23. Plaintiffs' claims aze barred by the doctrine of duress. 24. Plaintiffs' claims aze barred by the doctrine of release. 25. Plaintiffs' claims aze bazred by the doctrine of waiver. 26. Plaintiffs' claims aze barred by the doctrine of res judicata. 27. Plaintiffs' claims aze barred by the doctrine of collateral estoppel. 28. Plaintiff failed to provide the service(s) described in the contract attached to Plaintiff's Complaint as Exhibit A. 29. Plaintiff failed to provide the service(s) described in the contract attached to Plaintiff's Complaint as Exhibit B. 30. Plaintiff failed to provide the service(s) described in the contract attached to Plaintiff's Complaint as Exhibit C. WHEREFORE, Defendant Andrade respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. Respectfully Submitted, Date: ~ " ~'/ Q By: Andrew H: Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Defendant Amy Andrade, individually and trading asWITHOUT- A-HITCH VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ Z~ 10 Amy R ssell, n/b/m Amy C. Andrade CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer with New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Date: ~ ~ ~~ `~ 10 Andrew H. Slaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Amy C. Andrade r7 nfl!"17?? ;Q AUK; 25 PM 3: 45 CUESYLVANIA ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX "11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff ON-LINE PUBLISHERS, INC. IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA v NO. 2010-2977 AMY RUSSELL n/b/m AMY C.. ANDRADE individually and trading as WITHOUT-A-HITCH CIVIL ACTION - LAW Defendant(s) Plaintiff's Reply to Defendant's New Matter The Plaintiff, ON-LINE PUBLISHERS, INC., by its attorneys, KODAK & IMBLUM, P.C., files its Reply to Defendant's New Matter as follows: 13. Plaintiff incorporates by reference the averments of Paragraphs 1 through 12 of its Complaint, the same as if fully set forth herein. 14. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). F:\USER\R0BIN\MISC\36036 reply to NM.wpd 15, Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 16. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 17. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). By way of further Answer, Plaintiff did, in fact, mitigate its damages. When payment was not forthcoming from Defendant, Plaintiff pulled the remaining three (3) publications of the advertising described on Plaintiff's Exhibit "A", and pulled the publication of the advertising on Plaintiff's Exhibit "B". Had Plaintiff not pulled the advertising when Defendant's payments were not forthcoming, the total amount sought by Plaintiff would be Six Thousand Two Hundred Twenty-Six Dollars ($6,226.00) plus interest and attorney fees. 18. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). F:\ USER\ ROBIN\ MISC\36036 reply to NM.wpd 2 19, Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 20. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 21. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 22. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 23. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 24. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are F:\USER\ROBIN\A4ISC\36036 reply to NM.wpd 3 denied pursuant to Pa. R.C.P. §1029(e). 25. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 26. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a :response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 27. Denied. This allegation is a legal conclusion to which no responsive pleading is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. §1029(e). 28. Denied. Pursuant to the contract attached to Plaintiff's Complaint as Exhibit "A", Plaintiff prepared and ran advertising in B Magazine in November of 2008. The advertising was also supposed to run February, May and August of 2009, but was pulled prior to February 2009 due to Defendant's lack of payment. Therefore, as per the contract attached to Plaintiff's Complaint as Exhibit "A", Plaintiff only seeks compensation for the advertising that was published in November of 2008. 29. Denied as stated. Pursuant to the contract attached to Plaintiff's Complaint as F:AUSER\ROBIN\M[SC\36036 reply to NM.wpd 4 Exhibit "B", Plaintiff prepared a profile ad that was to appear in Business Woman Resource Directory. However, the advertising was pulled due to Defendant's non- payment of the account. The total amount sought by Plaintiff in its Complaint does not include the amount that Plaintiff was to be paid under this contract. 30. Denied. Plaintiff prepared a three-eighth page ad, which was published in Business Woman Magazine in November 2008. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor, and against Defendant, for the amount prayed for in Plaintiff's Complaint in the amount of Three Thousand Twenty-Three Dollars and Eighty-Nine Cents ($3,023.89), together with interest thereon and court costs. Respectfully submitted, KODAK & IMBLUM, P.C. Z JHfA-y 'L. Troutman, Esquire for Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 53984 Attorney for Plaintiff F:\ USER\ ROBIN\ NtISC\ 36036 reply to NM.wpd 5 VERIFICATION (name} (title) of ON-LINE PUBLISHERS, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §49C4, relating to unsworn falsification to authorities. Dated: 36036 t 763819 Russell/With ut A Hitch CERTIFICATE OF SERVICE I, Robin Z. Shahan, Secretary to Jeffrey L. Troutman, Esquire and Robert D. Kodak, Esquire, hereby certify that on a true and correct copy of the Plaintiff's Reply to Defendant(s) New Matter, in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: Andrew H. Shaw, Esquire 200 S. Spring Garden St Ste 11 Carlisle PA 17013 KODAK & IMBLUM, P.C. -7- kp--,rl Robin Z. Shaha ecretary to Jeffrey L. Troutman, Esquire and Robert D. Kodak, Esquire F:\USER\R0BIN\MIS036036 reply to NM.wpd:12Aug10 1 d ON-LINE PUBLISHERS, INC. Plaintiff v AMY RUSSEL nbm Amy C. Andrade, individually and trading as WITHOUT-A- HITCH Defendant(s) CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS --,. C T Y .,.? r r...? N J --k -" TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintifffdefendmit in the above action, respectfully represents that: 1. The above-captioned action(s) isMm at issue. 2. The claim of plaintiff in the action is $3,023.89, plus interest collection fees and costs. The counterclaim of the defendant in the action is: NONE The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert D. Kodak, Esquire (Kodak Law Offices, P.C.) Andrew H. Shaw, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, toNey . Troutman, Esquire dak taw Offices P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7159 .211. 00 pcj_4t? ORDER OF COURT AND NOW, , 2011, in consideration of the foregoing petition, Esq., and Esq., and (or actions) as prayed for. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2977 Esq., are appointed arbitrators in the above captioned action BY THE COURT: J CERTIFICATE OF SERVICE I, Robin Z. Shahan, Secretary for ROBERT D. KODAK, ESQUIRE, hereby certify that on Oct , 1:? , I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: ANDREW H SHAW ESQUIRE 200 S SPRING GARDEN STREET SUITE 11 CARLISLE PA 17013 KODAK LAW OFFICES, P.C. Robi hahan, secretary for Robert D. Kodak, Esquire ON LINE PUBLISHERS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 10-2977 CIVIL AMY RUSSELL, nbm AMY C. ANDRADE, individually and trading as WITHOUT-A-HITCH, Defendants: ORDER AND NOW, this A# e day of December, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Stephanie Chertok, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Hess, P. J. -/ Stephanie Chertok, Esquire d Court Administrator :rlm Copy Mated //&/I# ?L - { Ica cl i m r3, cr% -?;