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Home My WebLink About10-7002I °_`-C; - m= F!r T ?,4e?;w r1 nr STRATEGA MARKETING, INC., a corporation, Plaintiff, VS. BETHEL POINTE FOUNDATION, a corporation, t/a BETHEL POINTE AT HILL FARM ESTATE and t/a HILL FARM ESTATE, Defendant. ?Lri ik 4 Ii I ' ff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW DOCKET NO. /0- 700 ? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle PA 17013 717-249-3166 800-990-9108 Gates, Halbruner, Hatch & Guise, P.C. By: Mark E. Halbruner, Esquire Attorney ID No. 66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone (717) 731-9627 facsimile Attorneys for Plaintiff STRATEGA MARKETING, INC., a corporation, Plaintiff, VS. BETHEL POINTE FOUNDATION, a corporation, t/a BETHEL POINTE AT HILL FARM ESTATE and t/a HILL FARM ESTATE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKRT Nn_ COMPLAINT /D 706 C AND NOW, comes Stratega Marketing, Inc. (hereinafter "Plaintiff'), by and through its undersigned counsel, and makes the following complaint: 1. Plaintiff is a Pennsylvania corporation with its office located at 1526 St. James Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Bethel Pointe Foundation (hereinafter "Defendant") is a corporation with an office at 200 Kauffman Road, Annville, Pennsylvania 17003. 3. Defendant owns and operates a maintenance-free home community in Pennsylvania under the fictitious name, Bethel Pointe at Hill Farm Estate. 4. Defendant owns and operates an assisted living facility in Pennsylvania under the fictitious name, Hill Farm Estate. 5. Plaintiff is in the business of supporting clients with various marketing functions such as advertising, printed materials, copy writing, website design, public relations. COUNT I: BREACH OF CONTRACT 6. Paragraphs 1 through 5 above are incorporated herein by reference. 7. Defendant contracted with Plaintiff for certain marketing services and materials in support of its Pennsylvania operations. 8. The marketing services and materials were described in several Project Estimates prepared by Plaintiff on or after June 5, 2008, copies of which are attached hereto as Exhibit "A" and incorporated herein by reference. 9. The Project Estimates were signed by a representative of Defendant to approve the estimates and to authorize the work to be performed by Plaintiff. 10. In reliance on the signed Project Estimates, Plaintiff provided the services and materials described therein. 11. Defendant has breached the parties' contract by refusing to pay Plaintiff for the services and materials described on the Invoices attached hereto as Exhibit "B" and incorporated herein by reference. 12. The outstanding balance, including monthly service charges, due from Defendant to Plaintiff was $14,923.03 as of September 30, 2010. 2 WHEREFORE, Plaintiff respectfully demands judgment in its favor against Defendant in the amount of $14,923.03, together with additional monthly service charges accruing during the pendency of this action, costs, and such other relief as the Court deems proper. COUNT II: UNJUST ENRICHMENT 13. Paragraphs 1 through 12 above are incorporated herein by reference. 14. Defendant knew or should have known that Plaintiff would provide services and materials in reliance on the Project Estimates signed by Defendant's representative, as well as other oral, electronic and written communications from Defendant. 15. In such reliance, Plaintiff did provide Defendant with the services and materials described in the attached Project Estimates and Invoices. 16. In the event the Court determines there was no contract between the parties, Plaintiff alternatively invokes the doctrine of unjust enrichment, and respectfully demands judgment for the reasonable value of the services and materials it provided to Defendant as described in the attached Project Estimates and Invoices. 17. Defendant has received Plaintiff's services and materials, and it would be unjust for Defendant to retain those services and materials without compensating Plaintiff. 18. Plaintiff believes and therefore avers that the reasonable value of the services and materials provided to Defendant is the balance shown on the attached Invoices. 3 WHEREFORE, Plaintiff respectfully demands judgment in its favor against Defendant in the amount of $14,923.03, together with interest accruing during the pendency of this action, costs, and such other relief as the Court deems proper. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. 7 y ?t-3 -? ?o By: Mark E. albruner, squire Attorneys for Plaintiff 4 (.,- k kt l ?lt Strate a MARKETING, INC. PROJECT ESTIMATES TO: Bethel Pointe at Hill Farm Estate FROM: Tina Prins DATE: June 5, 2008 SUBJECT: Marketing Collateral & Advertising 717-691-3161 fax 717-791-0186 www.strategamarketing.com Stratega Marketing is pleased to provide this proposal to create marketing pieces for Bethel Pointe at Hill Farm Estate. Printing estimates are contingent upon desired paperstock, number of colors and quantity; printing estimates will be provided for each project upon project start. To initiate projects, please check-off and initial the desired project boxes, sign and. fax both pages of the estimate back to Stratega at 717-691-7222. Thank you for this opportunity to quote on your projects. BETEHL POINTE FOUNDATION it Nyebsite for Bethel Pointe Foundation ............................................................. $3,000 riting and design for new website with up to four pages. BETEHL POINTE AT HILL FARM ESTATE W,,Tri-fold Brochure Creative brainstorming, client interviews/research, writing and design of a three-panel brochure. Design .................................................................................................. $2,500-3,500 Printing Small Anchor Brochure ........................................................................... $3,500-5,500 Creative brainstorming, client interviews/research, writing and design of a four-page brochure stitched into a pocket folder to cover services and amenities. Inserts .................................................................................................................. $3,600 Writing and design for four - six inserts to contain floor plans, financial plans, amenities and services, etc. - page I of'2 - Stratega Marketing Project Estimates - Bethel Pointe at Hill Farm Estate page 2 1 BETEHL POINTE AT HILL FARM ESTATE (continued) I Direct Mail Postcard ........................................................................ $800 - 1,000/card Writing and design for an oversized card that will introduce prospects to the new offerings. Includes mailing list development. . Tabloid Direct Mailer .............................................................................. $3,500-4,500 Includes the writing and design of a four-panel mailer, which can feature floor plans, renderings and photographs to support pre-sales and ongoing marketing efforts. Includes mailing list development. Piece also can be used as a pre- printed insert for newspaper advertising. ? Marketing Newsletter .............................................................................. $1,100-1,400 Two-page newsletter with a marketing spin to regularly reach prospective residents who are still in the decision-making process or individuals who've already made reservations to support retention of the sales. Quote includes writing and design services per issue. Newspaper Insert .................................................................................. $1,200 - 1,500 Writing and design for a double-sided, 8.5 x 11 flyer to insert into local n newspapers. Print Ads ...................................$750 for ls' ad in series $350 each add'1 ad i ( in series) ................................................................................. $750 for new ad not part of a series Concept development, copywriting and design of unique print ads. Includes resizing of each ad once. Cost for additional resizes contingent upon ad dimensions and the effort involved to resize the ad. Cost of the ad space not included. Website - Phase I ..................................................................................... $3,500-55000 Writing and design for new home page, contact us electronic form and potentially a Splash page; quote includes development of up to six sub- pages. On behalf of Bethel Pointe at Hill Farm Estate, I approve these estimates and authorize the work for thes selected projects. Signature: l?iL Date: 0 Name: (S IA Lmlt Title:` 4 - Strate a MARKETING, INC. 717-691-3161 fax 717-691-7222 www.strategamarketing.com PROJECT ESTIMATE TO: Bethel Pointe at Hill Farm Estate FROM: Tina Prins DATE: March 27, 2009 SUBJECT: Website Development Stratega Marketing is pleased to present this estimate to develop a new website for Bethel Pointe at Hill Farm Estate. This estimate provides the specific details (# of pages, page names and special programming) for the final website to be constructed. This estimate replaces any preceding website estimates and stands as the final quote and detail of the work to be delivered. Website ................... ............................................................................................................ $7,000 Write, design and construct a new website consisting of the 21 pages outlined below. All subpages will open up to a new window for ease of navigating back to the main site pages. Stock photograph is included in the cost of this proposal, unless a specific requested photo topic is unavailable in Stratega's photo library. Home/Welcome* Upcoming Events Expansion Project** Community Features Floor Plans*** Townhome rendering Willow Villa rendering Magnolia Carriage House Apt. rendering Primrose Iris Mansion House Apt rendering Sage Lavender with Den Financial Plans Assisted Living Perfect Locale** Directions Contact Us (with a form or email link) Map & Directions *Page with have two Flash driven photo windows (one large, one small) "Pages will have one large Flash driven photo window * "Pop-up window showcasing floor plans and renderings On behalf of Bethel Pointe at Hill Fogm Estate, I approve this estimate and Signature Datet Name: u` . ?? Title: the work for this project. Strate a MARKETING, INC. 717-691-3161 fax 717-691-7222 Y~.strategamarketi ng.com PROJECT ESTIMATE TO: Bethel Pointe at Hill Farm Estate FROM: Tina Prins DATE: June 25, 2009 SUBJECT: Vinyl Banner production Stratega Marketing can create a vinyl banner for Bethel Pointe at Hill Farm Estate to display at the Mt. Gretna Theater. Banner will be sized 8 feet wide x 3 feet tall with grommets on all four corners and along top edge every 2 feet for hanging. Material will be an indoor/outdoor grade white vinyl. The banner will be printed in full color. Banner Design .............................. :...................................................... $330 Printing ................................................................................................$135 On behalf of Bethel Pointe at Hil?rFarm Estate, l approve this estimate and authorize the work for this project. Signature:' I Date;--a . 1111)0-1 Name:' f ?. ( lr I ?. ?? =' Title: C r !l `''l. --, Strate a MARKETING, INC. 717-691-3161 fax 717-691-7222 www.strategamarkefing.com PROJECT ESTIMATE TO: Bethel Pointe at Hill Farm Estate FROM: Tina Prins DATE: October 1, 2009 SUBJECT: Stock photography purchase Bethel Pointe at Hill Farm Estate has requested stock photograph images for its holiday print ad and anchor brochure that are not contained in Stratega Marketing's stock library. Therefore, the specific images must be purchased. The selected and approved images, as well as costs are listed below: Print Ad Holiday Perfect Gift - Mature Adult Couple ........................................$25 Anchor Brochure Kitchen photo .................................... Tile/Flooring photo ........................... Senior Couple/Sales Person photo .... Exercise Woman ............................... Asian Man with Grandson ................. Couple on Veranda .................................................. $18 . ........................................ ................................. $15 ......... I $250 ................................. $15 ................................. $10 ................................. $15 On behalf of Bethel Pointe at gHi Estate, I approve the purchase of these stock photographs. -TVM Signature: Date: c2-CJ(,! Name: M Eh&S-AA 11 Mims Title: Strate a MARKETING, INC. 717-691-3161 fax 717-691-7222 www.strategamarketing.com PROJECT ESTIMATE TO: Bethel Pointe at Hill Farm Estate FROM: Tina Prins DATE: October 1, 2009 SUBJECT: 35mm Slide Scanning Bethel Pointe at Hill Farm Estate has six 35mm slides of the estate's buildings and grounds that it would like to have scanned and burned to a CD for future use. Stratega can coordinate scanning services and provide the six slides in electronic format on a CD. Coordination, proof review and direct color corrections .....................$100 Scanning, color proofs, I round of color corrections & CD ................$325 On behalf of Bethel Pointe at Hill arm Estate, I approve this estimate and authorize the work for this project. Signature: 4)? I) /YyJ Date: Name: Title: NA N Strate a MARKETING, INC. 717-691-3161 fax 717-791-0186 www.strategamarkefing.com PROJECT QUOTE TO: Hill Farm Estate FROM: Tina Prins DATE: December 1, 2009 SUBJECT: Business card - new name and printing Hill Farm Estate has requested that a new card be created for Saundra Hamilton and a quantity of 500 printed. The cost estimate for this project is as follows: Design edits: No more than $70 Printing 500: $150 Shipping is additional On behalf of Bethel Pointe at Hill Farm Estate/Hill Farm Estate, I approve this estimate and authorize the work for this pr ct. Signature: Date: le)q I/ A) b 10 Name:I_?'_ 01 Title: L) LT - 1-f B 1526 St. James Circle Mechanicsburg, PA 17055 tel 717-691-3161 Strate a MARKETING, INC. fax 717-691-7222 PAST DUE 305 days September 30, 2010 INVOICE Date: 10/30/09 Invoice #: 495 Terms: Net 30 Due: 11/29/09 Bill To: Melissa Williams Bethel Pointe Foundation 210 Kauffman Road Annville, PA 17003 Website Completion QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: $1,952.50 Website design completion $1,952.50 3UDIUTAL $1,952.50 TAX RATE EXEMPT SALES TAX $0.00 MONTHLY SERVICE CHARGE $292.87 1.5% x 10 months TOTAL DUE $2,245.37 Overdue accounts are subject to a monthly 1.5% service charge Please make checks payable to: Stratega Marketing THANK YOU FOR YOUR BUSINESS! Strate a MARKETING, INC. Bill To: 1526 St James Circle Mechanicsburg, PA 17055 tel 717-691-3161 fax 717-691-7222 PAST DUE 292 days September 30, 2010 INVOICE Date: 11/12/09 Invoice #: 508 Terms: Net 30 Due: 12/12/09 Hill Farm Estate attn: Sara Thompson, EMA Management 200 Kauffman Road Annville, PA 17003 Hill Farm Estate Marketing Services July - October QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: $1,512.50 Music on Lawn Flyer Updated $52.50 Summer 2009 Newspaper Insert Zipcode review and recommendations $150.00 Writing & Design $800.00 Fa#2009 Newspaper Insert Edits to bursts, layout changes & new stock photos $510.00 Expenses: $35.00 Stock photos (2) for Fall Insert $35.00 SUBTOTAL $1,547.50 TAX RATE EXEMPT SALES TAX $0.00 MONTHLY SERVICE CHARGE $232.12 1.5% x 10 months TOTAL DUE $1,779.62 Overdue accounts maybe subject to a montly 1.5% service charge Please make checks payable to: Stratega Marketing THANK YOU FOR YOUR BUSINESS! r '00, awAM Strateia MARKETING, INC. Bill To: 1526 St. James Circle Mechanicsburg, PA 17055 tel 717-691-3161 fax 717-691-7222 Saundra Hamilton Hill Farm Estate 200 Kauffman Road Annville, PA 17003 PAST DUE 235 days September 30, 2010 INVOICE Date: 12/29/09 Invoice #: 521 Terms: Net 30 Due: 1/28/10 Business Card QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: Business card for S. Hamilton - typset, add cell $62.50 $62.50 print coordination Expenses: 500 Printing business cards for S. Hamilton $149.42 $157.16 Shipping $7.74 wDIUihL $219.66 TAX RATE EXEMPT SALES TAX $0.00 MONTHLY SERVICE CHARGE $26.36 1.5% x 8 months TOTAL DUE $246.02 Please make checks payable to: Stratega Marketing THANK YOU FOR YOUR BUSINESS! Strate a MARKETING, INC. 1526 St. James Circle Mechanicsburg, PA 17055 tel 717-691-3161 fax 717-691-7222 PAST DUE 245 days September 30, 2010 INVOICE Date: 12/30/09 Invoice #: 523 Terms: Net 30 Due: 1/29/10 Bill To: Melissa Williams Bethel Pointe at Hill Farm Estate 200 Kauffman Road Annville, PA 17003 Marketing Services July - December QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: $4,288.50 Advertising Resize 50+ Living ad (Aug 2009) $65.00 Holiday Perfect Gift Ad - Central PA Mag (Oct 2009) $750.00 Location Ad #2 - resize for Central PA Mag Feb 2010 $112.50 and insert new high-res Baddurf photo Direct Mail AIQ mailing list counts $70.00 Marketing Collateral Anchor Brochure - balance $1,710.00 Inserts for Anchor (7 total inserts) - balance $1,144.00 Misc. Mt. Gretna Banner - design/print coord. (July 2009) $323.50 Slide scanning coord./proof review, direct color correct. $85.00 Floral swoosh artwork to Melissa $28.50 Expenses: $806.64 Printing 3 x 8 Vinyl Banner for Mt. Gretnta Theatre $134.40 Slide scanning (6 slides with proofs and color correcting) $324.24 Stock photo - Holiday Perfect Gift Ad (couple in red/green) $25.00 Anchor stock photos: Kitchen photo $18.00 Tile/Flooring photo $15.00 Senior Couple/Sales photo $250.00 Exercise Woman $15.00 Asian man with grandson $10.00 Couple on veranda $15.00 JIJbIUTAL $5,095.14 TAX RATE EXEMPT SALES TAX $0.00 CREDIT $30.35 MONTHLY SERVICE CHARGE $611.42 1.5% x 8 months TOTAL DUE $5,676.21 Please make checks payable to: Stratega Marketing THANK YOU FOR YOUR BUSINESS! 1526 St. James Circle Mechanicsburg, PA 17055 tel 717-691-3161 Strate a MARKETING, INC. Bill To: fax 717-691-7222 Melissa Williams Bethel Pointe Foundation 200 Kauffman Road Annville, PA 17003 PAST DUE 120 days September INVOICE 30, 2010 Date: 5/18/10 Invoice #: 542 Terms: Net 15 Due: 6/2/10 Website Edit QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: Website page edit to Annville Project page $50.00 $50.00 make text edit and reload corrected page to server JUD I V 1 AL $5UMU TAX RATE EXEMPT SALES TAX $0.00 MONTHLY SERVICE CHARGE $3.00 1.5% x 4 months TOTAL DUE $53.00 Please make checks payable to: Stratega Marketing Overdue accounts are subject to a montly 1.5% service charge THANK YOU FOR YOUR BUSINESS! Stratega MARKETING, INC. Bill To: 1526 St. James Circle Mechanicsburg, PA 17055 tel 717-691-3161 fax 717-691-7222 PAST DUE 120 days September 30, 2010 INVOICE Date: 5/18/10 Invoice #: 543 Terms: Net 15 Due: 6/2/10 Melissa Williams Bethel Pointe at Hill Farm Estate 200 Kauffman Road Annville, PA 17003 Website Development Completion QTY DESCRIPTION UNIT COST T TOTAL Professional Fees: $4,630.00 Design of site, including two pages with Flash driven $4,630.00 photo windows, edits, launch site live and check links Expenses: $14.16 Shipping - high-res artwork files to designer $14.16 allD Iv IAL $4,b44.1b TAX RATE EXEMPT SALES TAX $0.00 MONTHLY SERVICE CHARGE $278.65 1.5% x 4 months TOTAL DUE $4,922.81 Please make checks payable to: Stratega Marketing Overdue accounts may be subject to a montly 1.5% service charge THANK YOU FOR YOUR BUSINESS! VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: i 3 22?- /J "? Ti a S. Prins, President Stratega Marketing, Inc. STRATEGA MARKETING, INC., a corporation, Plaintiff, VS. BETHEL POINTE FOUNDATION, a corporation, t/a BETHEL POINTE AT HILL FARM ESTATE and t/a HILL FARM ESTATE, Defendant. L : IN THE COURT OF COMMON P Se A : CUMBERLAND COUNTY, PA $ '. CIVIL ACTION - LAW DOCKET NO. 10-7002 CIVIL 3 -f cn PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Pursuant to Pa.R.C.P. 401, please mark the Complaint in the above-captioned action as "Reinstated". Respectfully submitted, Gates, Halbruner, Hatch & Guise, P.C. Date: k?--D. D_,?> kO Tx?,f: By: Mark E. Halbruner 10 13 Mumma Road, Suite 100 Lemoyne PA 17043 Telephone 717-731-9600 (Attorneys for the Plaintiff) rid, 0 6 Pd Jy c4sh Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor = tar` ;3 "t!SY Stratega Marketing, Inc. vs. Bethel Pointe Foundation t/a Bethel Pointe at Hill Farm Estate and t/a Case Number 2010-7002 SHERIFF'S RETURN OF SERVICE 11/29/2010 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: Bethel Pointe Foundation t/a Bethel Pointe at Hill Farm Estate and t/a Hill Farm Estate, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within Complaint and Notice according to law. 12/04/2010 10:20 AM - Lebanon County Return: And now December 4, 2010 at 1020 hours I, Michael J. DeLeo, Sheriff of Lebanon 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: Bethel Pointe Foundation t/a Bethel Pointe at Hill Farm Estate and t/a Hill Farm Estate by making known unto Jennifer Singer, Director of Wellness at Bethel Pointe Foundation at 200 Kauffman Road, Annville, Pennsylvania 17003 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, January 04, 2011 RONtV R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Tj-jE pr- .?, 6ASttt4 tt1 C. dP(t t;.?%t.r 21111 JAN -6 AM 9:214 REINSTATED CIVIL COMPLAINT No. 10-7002 Mark E. Halbruner, Esquire (Return to Cumberland County) 1013 Mumma Road, Suite 100 Stratega Marketing, Inc. Lemoyne, PA 17043 717-731-9600 VS. Bethel Pointe Foundation, a corporation, Docket Page 33461 t/a Bethel Pointe at Hill Farm Estate and t/a Hill Farm Estate STATE OF PENNSYLVANIA COUNTY OF LEBANON } SS: Kirk Juliani, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within REINSTATED CIVIL COMPLAINT upon BETHEL POINTE FOUNDATION, A CORPORATION, T/A BETHEL POINTE AT HILL FARM ESTATE AND T/A HILL FARM ESTATE, the within named DEFENDANT, by handing a true and attested copy thereof, personally to JENNIFER SINGER, she being the Director of Wellness and Person in Charge at time of service on December 4, 2010 at 10:20 A.M., at 200 Kauffman Road, Annville (North Annville Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me SO ANSWERS, this > 7t" day of December, 2010 otary Public DEPUTY SHERIFF Is (?----- By Authorization Of: NOTARL-kL. SEAL Lytmette Smith, Notary Public Lebanon City, Lebanon County , My Commission Expires April 23, 2012'. Is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on: 12/02/10 Check No. 14243 Amount $ 100.00 Costs Incurred: Amount $ 54.10 Refund: Check No',, %H,5Amount $ 45.90 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 i FILED-OFFICE OF THE PROTHONOTARY 2011 C5 CUi is Y STRATEGA MARKETING, INC., : IN THE COURT OF COMMON PLEAS a corporation, : CUMBERLAND COUNTY, PA Plaintiff, : CIVIL ACTION - LAW VS. DOCKET NO. 10-7002 CIVIL BETHEL POINTE FOUNDATION, a corporation, t/a BETHEL POINTE AT HILL FARM ESTATE and t/a HILL FARM ESTATE, Defendant. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter judgment by default in favor of plaintiff, Stratega Marketing, Inc., and against defendant, Bethel Pointe Foundation, for failure to file an answer to the Complaint or otherwise plead thereto, and assess damages according to the Complaint as follows: $14,923.03 plus monthly service charges of 1.5% per month beginning September 30,20 10. It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached hereto. Date: 1 l \/? Mark E. Halbruner, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone tAs 114ao Q? ai Attorneys for Plaintiff tk-7o V1 as$ 13g?ed Nov ce Judgment is entered and damages are assessed as requested above. rothonotary ? _ l STRATEGA MARKETING, INC., a corporation, Plaintiff, VS. BETHEL POINTE FOUNDATION, a corporation, t/a BETHEL POINTE AT HILL FARM, ESTATE and t/a HILL FARM ESTATE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 1.0-7002 CIVIL To: Bethel Pointe Foundation, 200 Kauffman Road, Annville PA 17003 IMPORTANT NOTICE ?- J YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 South Bedford Street Carlisle PA 17013 717-249-3166 800-990-9108 Date: l C % , Mark E. Halbruner, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone Attorneys for Plaintiff M U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Cates, Halbruner, Hatch & Guise, P.C 1013 Mumma Road, Suite 100 PA 17043 One piece of ordinary mail addressed to: Bethel Pointe Foundation 200 Kauffman Road Annville PA 17003 PS Form 3817, January 2001 HASLER ? o N v I Vt ?'o I o N US POSTAGE Ib - P100 11 WRIT OF EXECUTION No. 10-7002 Law Offices of Gates, Halbruner, Hatch & Guise, P.C. (Return to Cumberland County) Mark E. Halbruner, Esquire Stratega Marketing, Inc. 1013 Mumma road Suite 100 Lemoyne, PA 17043 0 a VS. 717-731-9600 s -a -b r- Bethel Pointe Foundation Docket Page 34178 t?v -a 5-n STATE OF PENNSYLVANIA } a0 - COUNTY OF LEBANON } SS: y? v cn Kirk Juliani, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within WRIT OF EXECUTION upon BETHEL POINTE FOUNDATION the within named DEFENDANT, by handing a true and attested copy thereof, personally to JENNIFER SINGER, she being the Director of Wellness and Person in Charge at the time of service on April 4, 2011 at 9:25 A.M., at 200 Kauffman Road, Annville (North Annville Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me SO ANSWERS, this 4th day of April, 2011 Notary Public Is DEPUTY SHERIFF By Authorization Of: NOTARIAL SEAL Lynn to Smith, Notary Public Lebanon City, Lebanon County i My Conunj ssion Exp:Ues Aprii 23, 2012 SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Cost paid on 04/01/11 Check No. 14644 Amount $ 100.00 Costs Incurred: Amount $ 53.62 Amount of Ref d: Check Noa?*gAmount $ 46.38 All She iff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof Sec. 2, Act of June 20, 1911, P.L. 1072