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Home My WebLink About04-3413 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 7. I ".0,/ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 '1- 3'1 13 ~ T:- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. N~~;Z'\1L ar, ~~ I ~Gr~N3 - ()~ I N7-;;"m,~ ;1, fJlace y ADDRESS OF APtE(iNT CITY STATE / ZIP CODE f,;&~foGME~UI' VI ~~~Asa{f,;;,~f 7..2 J4.""LJ./tI JI:S) m b (o.'.nd."r..2 /9"" ~ DOCKE'N//-, ~.I"~ [''lfs hn.n(f,'4 / S ~~/(I"",; ;;ruQ,' F ~r/ ~i~../ :;~ O~ () 0 ht. ? -0:3 I SIGNATURE~~TORA , RNEY:::'~ This block will be signed ONLY when this notation is ,equired under Pa, IICZ::.nt was Claimant (see Pa, R.C.P.D,J, No, 1001(6) in action RC,P,D,J, No, 1008B, This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this l;ase. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD,J, No, 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary Enter rule upon HS PI /?t::l/l r l:q / .. f e /' V/C ~"'i Name of appel1ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No, 0 <./ - 1 <f \ 3 ) within twenty (20) days after service 01 rule or sufler entry 01 judgment 1 non pros, RULE: To H-.s F: I7q /1 C/4.../ .....:r.U.v tI::....."pellee(s) Name of appel/ee(s) (V/dr " -,JL./ 7 I Signature of appelant or attorney or ~nt (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date 01 service of this rule upon you by personal service or by certified or registered mail. (2) ,llypu do pot file a complaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU, (3) The date of service of this, rule if service was by mail is the date of the mailing. Date:~ Ii ,200Y n _Q~ '--I'-'fu ~, Signatu,," or Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT MU8T BE WrfHfN TF3:N COMMONWEAL AFFIDA vir: THIS Title of officii;! My AOPC 3" 2A " serV!ce; SUBSCHl8ED whom r:)k:as ;<A2ni1i(}Uj d82xjtL':\(ed t;'ltJrein it::i:'F' personal (n0glstered) ina'l\, t,y ~ ?: ~, <;> -....., "- -...:. -f' v., "" -0 "" " \>> ~ r " t. \ )..., "'-.. ~;i!F!A!tJ!i-/ of ,dfi/yo{ ~...~, ...--) ...::::> CJ -n --I 01~; -yt::; -:;::;......... ~s :':.:~~;:: s;- -:-J c.) c..) 'i,:'" .- w, COMMONWEALTH OF PENNSYLVANIA .COUNTY OF: CUMBERLAND 09-3-04 '\'OTICE OF ,JUDGMENT/TRANSCRIPT CIVIL CASE 1)[ All\f;"Ii=F. '1,".~.~f ald tlDCFESS rES FINANCIAL SERV::CE3, LI,C I 4323 EAST TRINDLE RD EUITE 200 l~ECHANICSBUIlG, PA, 17)50 .J 'IS. j)[; :::E:.I\IDJ\NT . :11,I.'F :1'10 ADC"'E:33 fGRIEBEL, JUDITH E I 2018 QUAY VILLAGE CT APT/STE T2 ANNAPOLIS, MD 21403 L .J [g:~:i';,~~ ~;~::~:;7 'OJ .. M,,'I Dlsl ~Jc ,)" 'Lw" H:.:n THOMAS A. PLACEY ,''','' 104 S. SPORTING HILL RD. MECHANICSBURG, PA T.:..,,,,,,,,, 0171 761-8230 17050 JUDITH E. GRIEBEL 2018 QUAY VILLAGE CT APT/STE T2 ANNAPOLIS, MD 21403 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.A TN'I'IFF [!J [!J Judgment was entered for: (Name) Hl'l FTNANC".TAT. l'lRRVTC".F.l'l, TIT.e. Judgment was entered against: (Name) GRTRRRT" _,nIDT'I'H E in the amount of $ 7, 6"Q. 67. on: (Date of Judgment) 6/1"/04 o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on ,Judgment Attorney Fees Total $ 7,548.12 $ 111.50 $ .00 $ .00 $ 7,659.62 O Amount of Judgment Subject to AttachmenV42 Pa,C,S, S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 OAYS AFTER THE ENTRY OF JUDGMENT BY FiLiNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FOIlM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE .JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLE/\S, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLiES WITH THE JUDGMENT, to \ I 5 \eA Date qa2~"'''''""~'"' ~"5--rr ~ _::'5' roo"'"'"' '"~ ~;:~:~'::,""' I certify that this is a true a G\ I S\ 04 Date My commission expires first Monday of January. 2010 SEAL AOPC 315'03 DATE PRINTED: 6/15/04 3:35:13 PM Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I.D.# 75897 Attorneys for Plaintiff 320 Market Street Sttawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E. GRIEBEL, Defendant CIVIL ACTION - LAW NO. 04-3413 Civil Tenn NOTICE TO PLEAD TO: Judith E. Griebel 2018 Quay Village Court, Apt. 2 Annapolis, MD 21403 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 ajudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTlCIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 By: en E. Grubb, Esquire Attorney I.D. #75897 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Goldberg Katzman, P.C. Steven E. Grubb, Esquire, 1.0.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4]61 HS FINANCIAL SERVICES, LLC., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E. GRIEBEL, Defendant CIVIL ACTION - LAW NO. 04-3413 Civil Tenn COMPLAINT Plaintiff, HS Financial Services, LLC., by and through its counsel, Goldberg Katzman, P.C., allege the following in support of this Complaint: J. Plaintiff, HS Financial Services LLC (hereinafter "HSFS"), is a Corporate entity providing financial investment and counseling services, with offices located at 4823 E. Trindle Road, Suite 200, Mechanicsburg, P A 17050. 2. Defendant, Judith E. Griebel, is an adult individual with an address of2018 Quay Village Court, Apartment 2, Annapolis, MD 21403. 3. Beginning in January, 2002, HSFS employed Defendant as a financial advisor. 4. Prior to her employment as a financial advisor, Defendant worked for the Hartman & Scheuchenzuber accounting finn as a CPA. 5. While employed by HSFS, HSFS and Defendant entered into an oral employment agreement under which HSFS agreed to pay Defendant a salary and benefits for her employment at HSFS. 6. At the time of her employment, Defendant was an authorized financial advisor for Raymond James Financial Services, Inc. (Raymond James). 7. As part of her arrangement with Raymond James, she received commissions from Raymond James for selling financial products. 8. Defendant agreed that any commissions she earned from Raymond James would be endorsed and turned over to HSFS. 9. This arrangement was requested by Defendant to assure a steady flow of income and benefits, since her financial planning services, and commissions generated therefrom, were not generating enough income. 10. While employed by Hartman and Scheuchenzuber, and then HSFS, Defendant was extended two interest free loans: a. In September of 200 I, Hartman & Scheuchenzuber loaned Defendant $2,250.00, interest free, for housing expenses. When Defendant became employed by HSFS, the loan was transferred from Hartman & Scheuchenzuber to HSFS. b. In May of2002, HSFS loaned Defendant an additional $1,250.00, interest free, for repairs to Defendant's vehicle. II. On September 4, 2003, Defendant resigned from her position at HSFS. 12. Upon Defendant's resignation. Defendant agreed to have the outstanding loan balances deducted from her forthcoming paychecks. 13. HSFS deducted a total of $1,541.00 from her final paychecks and withheld a $65.88 expense reimbursement owed to Defendant and credited these amounts against the outstanding loan. 14. An outstanding balance 0[$1,893.12 remains on the loans. COUNT I - BREACH OF CONTRACT 15. The allegations of paragraphs 1-14 above are incorporated by reference as if set out in full. 16. The contract under which HSFS agreed to pay Defendant salary and benefits in exchange for Defendant's employment, and under which Defendant agreed to turn over any commissions earned from Raymond James to HSFS, is a valid and enforceable contract. 17. Defendant failed to turn over her commissions through September 4, 2003, the amount of which is $5,655.00. 18. Defendant's failure to pay the commissions is a breach ofa valid contract. 19. HSFS, at all times, pursuant to the tenns of its contract, paid Defendant the appropriate salary and benefits and has complied fully with its obligations under the contract. WHEREFORE, Plaintiffs demand $5,655.00, plus interest, and costs oflitigation, including reasonable attorneys fees, an amount which is less than the compulsory arbitration limit in Cumberland County. COUNT II - BREACH OF LOAN AGREEMENT 20. The allegations of paragraphs 1-19 above are incorporated by reference as if set out in full. 21. The aforementioned loan agreements between HSFS and defendant are valid and enforceable loan agreements. 22. Defendant currently Owes HSFS a balance of $1 ,893.12 for the two loans. 23. Defendant's failure to pay H5FS the remaining balance of the loans is a breach of valid loan agreements. WHEREFORE, Plaintiffs demand $1,893.12 plus interest, and costs of litigation, including reasonable attorneys fees, an amount which is less than the compulsory arbitration limit in Cumberland County. Respectfully submitted, Date: '5/ J / (J ~ 5t en E. Grubb, squire (ID No. 75897) 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff - -.. U~;~tsa Ha~tman & SCheUchenZUbe~ (717) 761-4241 p. ~~ YERIFICATION r, Sleven G. SCheuchenzuber, hereby acknowledge that r am an authorized -" or"", -tiff; ... J ha" ""'~, _,'" C=p"'" "'" OM "'" "'. ''''''' therein are true and correct 10 the besl of my knowledge, infonnation, and belief. r underSland that any false slatements herein are made subject to penalties of I 8 Pa. C.S. ~4904, relating to unswom falsificalion to authorities. Dale: J/-1~OOrf By: --.1" r, ':.~.' ' \:....~. ;.~:..;..- :2 (") C" _.~. r--' ,~ ~~? -- '(-:: ,,' \ c,) ~ ~ o -n ..... ";1': .." 11'f:-- -nq ~ "Io.i t..." C' :,~ :;; ')r=, :.i.\ ...; ..-' . . .."., :.:% - - J:'" a' . -.--,...~... .-... -........ ...-.~~. .....:...~.-,T"..:.. ___~-..,., " 7'. ....... ..- .."- -~ ~-"",~",~",~."''-"'''-.i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM "1-1'/0'1 DISTRICT JUSTICE JUDGMENT \ COMMON PLEAS No. ["1-' '11 3 ('t..:.. ( -r;. _. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below, c. y O~tJO" ?-03 This block will be signed ONLY when this notation is required under Pa. R.C,P.D.J, No, 1008B. This Notice of Appeal. when received by the District Justice. will operate as a bafors a District Jus/ice. A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment tor possession in this case. (20) days allor nling the NOTICE of APPEAL. SvnaIunr 01 ProIhonaIlIIY Of' Depuly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (sea Pa.R.C.P.D.J. No. 1001(7) in action bafore District Justice, IF NOT USED, da/ach from copy of notice of appaal to be sarvad upon appallaa. PRAECIPE: To Prothonotary Enterruleupon. #,5 ,c.#Rnr/q/ .f,~y"cr.~ Name of appellee(s} appellee(s). to file a complaint in this appeal (Common Pleas No, '1 d "II" ... ., - _.~ ..,J ) within twenty (20) days aller service of rule or suffer entry of judgmen RULE: TO~.s F:/'D"t:'~"'/ .s-..,V,;.......jPpellee(s) Name of appellee(s} . U,S, Postal Service", CERTIFIED MAil." RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) l"- II'" (1) You are notified that e rule is hereby entered upon you to file e complaint I"- of this rule upon you by personel service or by certified or registered mail, II'" ..... ....~.~ M (2) If yOu ~notile,a cC;mplaint within this time, a JUDGMENT OF NON PRC I1J . '" , rn (1J Th'j; date of service of l!Jls' rule if service was by mail is the date of the ma rn ;~.- , ~ Dai: q,.", 'I ,<f.. J, . 20 OY g ; : ~ ~~,.. D ~.~.. M Y'l;>U"UST INCLUDE A cOpY OF THE NOTICE OF JUDGMENT/TRJ ;:;'l , ' , '. I,; ~ . . rn , c I" D .,.,. ,. I"- ..~ ~ :.s; ~i,;~. "- . ~Fee __Fee (El."'. Required) __Fee (6.4..-'1..1 fIecPNd) S2.3O 11.75 so.oo , COUll' FILE -._.._ $ S4.42 ~'i_fw.'Z.t:!.c~L.s5:e.c.J/.d:.~r.._._.__._._._",1 ~s:-~..r.~"_;';;'1-..7i.,t~~~~1 e: AOPC 312-02 .' I ~ "0 ~4: 'g ~ ~3~ ~6 Go- ,-,"3 ~:r. ;,,;.: ~.k t'::: (") .~.:" i;Q ~Q , .1:4 ca:. .'-tIJ _._,_~..._ ~____.,__..._......._'_......._.n'..,n_.............'m.........._.......................,_. .... ..... ... ..,.,-... ......... .... ....' .. .... ' ~" Pi. ~I ~i~~~~.s~:~~~~:.~~:~I~i~~:.~~;o~:.~ ~:~;~i:f~i~1 ~~~:-,..':~,~I.~~!.~~~~;~:~,I~:'i'Pio"'I'f'''' v'.' cor...1MOr-.Jifil:.N. ;"H OF PENNSYLVANlr... U,UNOY nr ~"Je.. /A..,d ;.;~ AFFIDAVIT: ! i~l~r{~I."1 {.;.'hea: 1 {iitfirp~., :(l;;t i ~~~!.',,:'d n i._.J ..~ ropy i)t th? No:.(.;(' e.f A;:-~It:.L'I:. "'~(,:T:nh::~ ~:'I(:~t~ r.~;,: . Uf.:::~'-: ::H~ Ul:"\~~(;! J..l:,tlt.r1 !1,:..~!t:~.1::l'>1 :!I':".:'." : '":'. ~.j'Jlt!. "f .)P/....,...~t":! ..,.; :...i 0'1 pf~I'5.X,d; d;f..'if.~; ~~ J", ,:,:;';,i ,t"!..:.: : '.f~f:l .: I. '~'.~ !: !. :;.~:; ;~';..,:(.!<.:.:. ~~ ;"-:l'.l.,,:ip: ..li:;'H.tu~{~ ;.Q(.;",I.l;. i!ili; ,.:~:,.-.:.! /tll' :.~~.,bil::...f... i....:,;Ii(..~ 20 i.J 1j.~ i)f!r':O<:'ll~; ~,~."Vj(.f: !..! r,\ : ;;f.'i~';.I:. .: :" '""(P;,::': 'I:..~.r : 1";11'. (,(;II'J:,:(;'~ h~ .....:!p! .:~I.h.:.;'I~'1Iu,Fd() {SIt/uRN} tAFrll~ME1!j ArJ~ SI,!P,S:.~HIBt:;D BEP;~!:: r:li.; T1'IIS [~A'y OF . 20 . .,;r'..'. ('l ." . 'i~: "~ S;;;,.!~"(,,, ..1 ':'f/l~77i)(;i;..~~7:;;;i;:;;i;:;:-:;;;;;;;'_.."-~.'_..'- .. --_.--_.._..._--_.__.._....__.__...-_..~ r~!i'1 ,'r! "~I':r.~: My '~I)rnml"SK""\ ~t;(f'lr(:::~ 'Y': .20 ) J flope .: 1 ~~A . '" g\ . ' ~- ~ ~ ~,., t:r~ ;i'~' 1\\ i , \~i '" \, \~ ~ yo. .~~ '- ~' ~~ }., ~~ ~\. .Q ~ ~{ ~ , ~ ~ ~ )\~ ~ ~ ~ ~ ...... .........(.J ~ , >oJ -- -,- == :.:.:~: '" o ,., '" ,....1 .'" .. ,.., ... o (', ... HS FINANCIAL SERVICES, llC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. CIVil, ACTION - LAW JUDITH E. GRIEBEL, Defendant NO, 04-3413 Civil Term PETITION TO APPEAR PRO HIAC VICE Petitioner, Pauline A. Constantino, an attorney, hereby. petitions this Court for permission to appear pro hac vice on behalf of Defendant, JUDITH E. GRIEBEL, in the above captioned matter, and affirms the following: 1, Petitioner currently resides in and practicel; law in the State of Maryland. at 2016 Quay Village Court. #101, Annapolis, Maryland, 2. Petitioner is an attorney in good standing Bldmitted to practice in the following states: . New York as of February 26, 1986, Attorney Registration Number 2023497 . Maryland as of December 18, 2000, Attorney Registration Number 118341797 3, Petitioner is an attorney in good standing in each of the above referenced states, 4, Petitioner's appearance in the State of Pennsylvania is limited solely to appearance and representation of Defendant in the abov,e captioned matter, Petitioner respectfully requests that permission for appearance and representation be granted on an expedited basis since the time is of the essence for service of the responsive pleadings in the above captioned matter, Respectfully submitted, ~:~flc- . Pauline A. Constantino Attorney at law ~ [Attorney Appearance Follow] Defendant Counsel: Pauline A. Constantino, Esq. Business Venture ConsUlting llC 2016 Quay Village Court #101 Annapolis, MD 21403-3795 443-482-9046 Plaintiff Counsel: Goldman & Katzman, PC Steven E. GrUbb, Esq, 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 \',t t~^:;' \ " /< u_: n (~;; ~"'- ~ cf? (/) en --0 I (.0) ~C> ',('-- :;:::::i po ::';: o -11 ..... :C"'T1 rn~ :9,0 '.' L "~l_) "s:i} ")0 --~ rn ij :-\ 9 :-:q -'- w c::> Goldberg Katzman, p.e. Steven E. Grubb, Esquire, I.D.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square p, 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E, GRIEBEL, Defendant CNIL ACTION - LAW NO. 04-3413 Civil Term NOTICE TO PLEAD TO: Judith E. Griebel c/o Pauline A. Constantino, Esquire Business Venture Consulting, LLC 2016 Quay Village Ct. #101 Annapolis, MD 21403-3795 YOU ARE REQUIRED to plead to the within Answer to Counterclaim with New Matter to Counterclaim within twenty (20) days of service hereof or a default judgment may be entered against you, By" en E. Grubb, Eire, LD.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. 0, Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: September 22, 2004 Goldberg Katzman, P.C. Steven E, Grubb, Esquire, I.n,# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. 0, Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E. GRIEBEL, Defendant CNIL ACTION - LAW NO. 04-3413 Civil Term ANSWER TO COUNTERCLAIM WITH NEW MATTER TO COUNTERCLAIM HS Financial Services, Inc. (HSFS), by and through its counsel, Goldberg Katzman, P.C, alleges the following in this Answer to Counterclaim with New Matter to Counterclaim. 5, Admitted with the qualification that Defendant Griebel was hired by Hartman & Scheuchenzuber (H&S) accounting firm. 6. Upon information and belief, admitted, 7. Denied as a legal conclusion to which no response is necessary. It is admitted that while she served as an accountant with H&S, Griebel was going to continue as a certified financial planner with Raymond James Financial Services, LLC (Raymond James). 8. After reasonable investigation, Plaintiff is without knowledge as to the truth of this allegation, and, thus, it is denied. 9, Denied that Griebel received fees and commissions "on behalf of Raymond James." Griebel received the fees she generated from her branch manager and she would endorse the check representing the fees and commissions directly over to HSFS every month, for approximately 20 months, pursuant to the agreement described in the Complaint. 10. Denied, as it is unknown what time period this allegation pertains to. Admitted that around the September 2001 time period, none of the partners at H&S were financial advisors. 11. The answer to paragraph 10, above, is incorporated by reference as if set out in full, as the allegation as to time is vague. Admitted that none of the partners at H&S could provide financial planning services, Denied that the partners at H&S could not participate in the functions of a financial services company, as that allegation is a legal conclusion to which no response is necessary, 12. Denied. Griebel did not perform up to expectations as an accountant. Short of terminating her, the principals ofH&S allowed Griebel to stay affiliated with H&S through her offering of financial services to H&S' clients and to Griebel's minimal customer base. H&S always intended that one of its partners would become licensed and "build" the financial advisory firm, 13. Denied. The only agreements ever existing between the parties are the ones described in the Complaint. 14, Denied. The partners ofH&S never attempted to register any entity as a registered investment advisory firm. 15. Denied. The answer to paragraph 14, above, is incorporated by reference as ifset out in full, 2 16. Denied, It is unknown what "principals" means. HSFS is a Pennsylvania limited liability company and does not have "principals." Admitted that H&S' partners are the members ofHSFS. Griebel was never identified as a principal or member ofHSFS. 17. Denied. Short ofterminating her because of her poor accounting work, the partners ofH&S offered Griebel the opportunity to stay affiliated with H&S by allowing her to continue with her financial services through HSFS. The answer to paragraph 12, above, is incorporated by reference as if set out in full. 18. Denied. Since the Complaint fails to state the alleged terms under which Griebel would be a "partner," HSFS denies that it ever "restated" those unknown terms. The answers to paragraphs 12 and 17, above, are incorporated by reference as ifset out in full. Griebel was never offered a "partnership," 19. Denied. Griebel never trained or assisted anyone from HSFS in their efforts to become a licensed financial advisor. 20. Admitted in part and denied in part. It is admitted that Griebel offered financial advisory services through Raymond James. It is denied that she built a "book of business." Griebel utilized H&S' client lists to contact H&S' clients to sell financial services. Without H&S' assistance, Griebel had a negligible book of business. 21, Denied. It is believed, and therefore, averred that Griebel received commissions directly from her branch manager. The answer to paragraph 9, above, is incorporated by reference as if set out in full. 22. Denied. Griebel made no such explanation, as is evidenced by her acceptance of salary, benefits and a percentage of her commissions from HSFS. 3 23. Denied. Griebel made no such explanation. It is also denied as a legal conclusion to which no response is necessary. The answer to paragraph 22, above, is incorporated by reference as if set out in full. 24. After reasonable investigation, it is unknown what Griebel informed Raymond James, and, thus, this allegation is denied. Based on information provided under oath by Griebel, no such presentation was given by Griebel to Raymond James, and no such approval of such an arrangement was given. 25. Denied. Pursuant to the agreement described in the Complaint, Griebel, freely and willingly, endorsed Raymond James checks for fees and commissions over to Plaintiff for approximately 20 months. In return, as described in the Complaint, Plaintiff provided Griebel a regular salary, health, life and disability insurance benefits, paid vacation, unemployment and workers' compensation benefits and a percentage of fees generated. The answers to paragraphs 9 and 22, above, are incorporated by reference as if set out in full. 26. Admitted that there were discussions on this topic between Griebel and Greg Hartman, but, based on the answer to paragraph 25, above, there was never an agreement as evidenced by Griebel's continued acceptance, in full, of salary and benefits described above in paragraph 25. Raymond James was never involved in these discussions, 27. Denied, Griebel was aware, through conversations with members at HSFS, that she would not be considered for "partnership" due to HSFS' losses caused by payment of Griebel's compensation and her inability to generate income to cover these losses. Admitted that one of the members ofHSFS became licensed as a financial advisor, but he never stated to Griebel that HSFS 4 would operate without her. It was always intended that Greg Hartman would work with Griebel at HSFS. 28. Denied. The answers to paragraphs 25 and 26, above, are incorporated by reference as if set out in full. 29. Denied. The answers to paragraphs 25, 26 and 28, above, are incorporated by reference as if set out in full. 30. Denied. Since this was never a condition of any agreement between the parties, neither Griebel nor HSFS kept track of these statistics. 31. The answers to paragraphs 25, 26, 28 and 30, above, are incorporated by reference as if set out in fill. This paragraph is also denied as a legal conclusion to which no response is necessary. 32. Denied. Griebel submitted a termination letter as a professional partner with the partners ofH&S on September 3,2003. Griebel also verbally resigned from HSFS on September 3,2003. At this point, Griebel had already removed all of her client files from HSFS. HSFS asked her to confirm her resignation in writing, for unemployment compensation purposes, on September 4, 2003, using a letter HSFS prepared. 33. Denied. HSFS fOlwarded all mail and informed all of its clients that Griebel was no longer affiliated with HSFS. Griebel's own negligence in failing to inform her clients of her new location is not the fault ofHSFS. 5 COUNT I - BREACH OF CONTRACT 34. The answer to paragraphs 5 through 33, above, are incorporated by reference as if set out in full, 35. Denied as a legal conclusion to which no response is necessary. The answers to paragraphs 12, 13, 18 and 27, above, are incorporated by reference as ifset out in full, There was no "oral contract." 36. Denied as a legal conclusion to which no response is necessary. The answer to paragraph 35, above, is incorporated by reference as if set out in full. 37. Denied as a legal conclusion to which no response is necessary. The answers to paragraphs I 9, 25, 26, 27 and 35, above, are incorporated by reference as ifset out in full. WHEREFORE, Griebel's Counterclaim should be dismissed and the court should enter judgment in favor ofHSFS along with all other costs of court, including attorneys fees. COUNT II-FRAUDULENT INDUCEMENT 38. The answers to paragraphs 5 through 37, above, are incorporated by reference as if set out in full. 39. Denied as a legal conclusion to which no response is necessary. The answer to paragraph 17, above, is incorporated by reference as if set out in full. 40. Denied. The answers to paragraphs 18 and 27, above, are incorporated by reference as if set out in full. 41. Denied. No such promise was made. The answer to paragraph 40, above, is incorporated by reference as if set out in full. In any event, Griebel failed to build any business. 6 Instead, H&S permitted her to contact its client base on behalf ofHSFS. Her inability to get H&S's clients to purchase financial services, or build her own book of business, cost HSFS substantially. 42. Denied as a legal conclusion to which no response is necessary. The answers to paragraphs 26, 40 and 41 above, are incorporated by reference as if set out in full. No "partnership" was ever promised to Griebel. 43. Denied as a legal conclusion to which no response is necessary. WHEREFORE, Griebel's Counterclaim should be dismissed and the court should enter judgment in favor ofHSFS along with all other costs of court, including attorneys fees. COUNT III - TORTIOUS INTERFERENCE WITH BUSINESS 44. The allegations contained in the answers to paragraphs 5 through 43 above are incorporated by reference as if set forth in full. 45. The answer to paragraph 42, above, is incorporated by reference as if set out in full. 46. Denied as a legal conclusion to which no response is necessary. The answer to paragraph 42, above, is incorporated by reference as if set out in full, 47. Denied. Plaintiff has handled Griebel's resignation professionally and has said nothing about Griebel's poor performance to HSFS' clients that have chosen to continue to utilize her. 48. The answer to paragraph 47, above, is incorporated by reference as if set out in full, 49. After reasonable investigation, Plaintiff is without knowledge as to the truth ofthis allegation, and, thus, it is denied. HSFS denies any liability for the alleged losses. 7 WHEREFORE, Griebel's Counterclaim should be dismissed and the court should enter judgment in favor ofHSFS along with all other costs of court, including attorneys fees. NEW MATTER 50, The allegations contained in the answers to paragraphs 5 through 49 above are incorporated by reference as if set forth in full. 51. Counterclaim Plaintiff s claims are barred by the gist of the action doctrine, in that allegations of fraud and breach of contract claims in assumpsit are asserted together. 52. Counterclaim Plaintiff has failed to state a claim upon which relief can be granted. 53. There is not a statutory or contractual basis for Counterclaim Plaintiff's demand for attorneys fees. 54. To the extent Counterclaim Plaintiff asserts equitable actions, these are barred by the doctrine of laches. 55, To the extent Counterclaim Plaintiff asserts legal causes of action, these actions are barred by the applicable statute of limitations. 56. Counterclaim Plaintiff never raised the existence of her "partnership" interest at any time prior to the instant counterclaim. 57. Plaintiff voluntarily resigned from HSFS. 58, Plaintiff's claim is barred by the doctrine of waiver. 59. At the time Counterclaim Plaintiff joined H&S, and while she worked for HSFS, she was short on cash and needed a steady stream of income. 8 60. The amounts Counterclaim Plaintiff made through providing financial advisory services were not sufficient to sustain her lifestyle, and Griebel needed to continue her employment with a fixed salary similar to what she earned as a CPA for H&S, WHEREFORE, Griebel's Counterclaim should be dismissed and the court should enter judgment in favor ofHSFS along with all other costs of court, including attorneys fees. Respectfully Submitted, By: / / ven E. Grubb, EsqUlre (ill No. 75897) 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: September 22, 2004 9 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing docwnent upon the person( s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Pauline A. Constantino, Esquire Business Venture Consulting, LLC 2016 Quay Village Ct. #101 Annapolis, MD 21403-3795 Date: September 22, 2004 By: VERIFICATION I hereby acknowledge that r have read the foregoing document and thaI the facts stated therein are true and correct to lhe best of my knowledge. information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to WlSWorn falsifications to authorities, &~{~Jl~~ HS Financial Services, LLC Date; 1! ').tJ--'(oC{ , (, (') 2~:.; f-.'" C) -;~ i.;:,) ~'- c"'\ r ' ::;1 roo, f',; c' " :S,'~ c:-> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN'SYL VANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. JUDITH E. GRIEBEL, CIVIL ACTION - LAW No. 04-3413 Civil Terms Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Joseph F. Murphy, and the law firm of Capozzi & Associates, P.C., on behalf of Defendant and Counterclaim Plaintiff Judith E. Griebel in the above-captioned matter. Dated: '0/12/6/ Capozzi & Associates, P,C. J i ~ ;10s . : urphy, IE . o""Y!.D. No.1 I 2933 North Front St. Harrisburg, P A 17] 10 (7] 7) 233-410] Attorney for Plaintiffs I, Joseph F. Murphy, Esquire, hereby certifY that I have served a true and correct CERTIFICATE OF SERVICE copy of the foregoing Entry of Appearance by means of first class mail, postage prepaid, ""'^-- upon the following counsel of record, this 1.2:. day of October, 2004. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market S1. Strawbeny Square P.O. Box 1268 Hanisburg, P A 17108-1268 Capozzi & Associates, P,C. ~j , ,/ l! II o ' " I. Murphy, Attorney J.D. No. 119 2933 North Front S1. Hanisburg, P A 17110 (717) 233-4101 Attorney for Plaintiffs " "', C;) (;.:,~, ...1.';- c.') C) -'.'1 -' , , .~i' j w -0 r:~? U1 W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E, GRIEBEL, No. 04-3413 Civil Terms Defendant ANSWER OF COUNTERCLAIM PLAINTIFF JUDITH E. GRIEBEL TO PLAINTIFF HS FINANCIAL SERVICES' NEW MATTER 50. No response is required. To the extent that a response is required, the averments of the counterclaim are incorporated herein by reference. 51. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. I029(e). 52. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. l029(e). 53, The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 1 54. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R,C.P. I029(e). 55. The averments contained herein are legal conclusions to which no responsive pleading is required, To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 56. Denied. To the contrary, at numerous times during her association with Plaintiff, Counterclaim Plaintiff Judith E. Griebel discussed this issue with Plaintiff. 57. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). 58. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. I029(e). 59. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. l029(e). 2 60. The averments contained herein are legal conclusions to which no responsive pleading is required. To the extent that a response is required, the averments contained in this paragraph are denied generally, pursuant to Pa. R.C.P. 1029(e). Dated: lOI(q{Olf Capozzi & Associates, P.C. '~ / \) ,. 'Z\,;. M"'Phy, ,Ok. Attorney 1.D. No. 78119 2933 North Front St. Harrisburg, P A 1711 0 (717) 233-4101 Attorney for Plaintiffs 3 CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance by means of first class mail, postage prepaid, upon the following counsel of record, this I q *1-ay of October, 2004. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Capozzi & Associates, P.C. e 4 . . ,...., C".) ("] :~::; -'I, ~-,~1 l,l "',' , (.,) '-::' U.I Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I.D.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA mDITH E. GRIEBEL, Defendant CIVIL ACTION - LAW NO. 04-3413 Civil Term MOTION TO COMPEL DISCOVERY Plaintiffs, by their attorneys, Goldberg Katzman, P.C., move the Court for an Order requiring Defendant, Judith E. Griebel, to produce discovery requested by Plaintiffs for the reasons set forth below. No judge has been assigned or heard any other proceeding in this case. I. On November 16, 2004, PlaintiffHS Financial Services, LLC (HSFS), served the attached Request for Production of Documents and Interrogatories (attached hereto as Exhibits A and B, respectively) upon Defendant Judith Griebel, through her counsel, Joseph Murphy, Esquire, of Capozzi & Associates. 2. Most of the discovery pertains to the Defenses and Counter-Claims Ms. Griebel made in the pleadings stage of the case. 3. Under Pa. R.C.P. 4006 and 4009.2, responses to this discovery were due in thirty (30) days. 4. Well over thirty (30) days have elapsed since the service of this discovery without answer from Defendant Griebel. 5. Several calls and letters requesting the discovery have been made by undersigned counsel to Attorney Murphy. Pursuant to Local Rule 208.2( d), undersigned counsel made a final request by telephone on May 4 for the outstanding discovery, alerting counsel that a motion would be filed ifHSFS did not receive the discovery by May 11. This was that latest call of several made to Attorney Murphy inquiring about the status of the discovery. 6. Based on discussions between the undersigned counsel and Attorney Murphy, it appears as if Ms. Griebel is non-responsive to Attorney Murphy's requests, and, thus, he has been unable to provide discovery responses. 7. Based on communications between counsel, it does not appear as if Ms. Griebel objects to the discovery. 8. Based on the communications between counsel, it appears as if Ms. Griebel is non-compliant with the discovery requests, despite the efforts of her counsel, with no reason to expect compliance from her in the future. 9. As a result of Ms. Griebel's failure to comply with Pennsylvania's Rule of Civil Procedure, sanctions, per Pa. R.C.P. 4019(c), are requested as follows: a. An order striking Ms. Griebel's Counterclaim and defenses, or parts thereof, or entry of judgment of non pros as to Ms. Griebel's Counterclaim, pursuant to Pa. R.C.P. 4019(c)(iii); b. An order prohibiting Ms. Griebel from supporting claims made in her Counterclaim, as well as the defenses raised in her Answer and New 2 Matter, with evidence that would have been responsive to the discovery requests, pursuant to Pa. R.C.P. 4019(c)(ii); and/or c. Any other order this court deems appropriate, including an order compelling Ms. Griebel to answer the discovery, and an order compelling Ms. Griebel to pay all costs and fees associated with the preparation and prosecution of this Motion to Compel Discovery. WHEREFORE, it is respectfully requested that the court grant HSFS' Motion to Compel Discovery and accord the requested relief and sanctions. Respectfully Submitted, By: St en E. Grubb, Esquire (ill No. 75897) 320 Market Street, P.O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: May :~, 2005 3 ,,~<::~c~H:> @ ~:x\~\\~ ~ ---'"' Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I.D.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E. GRIEBEL, Defendant CIVIL ACTION - LAW NO. 04-3413 Civil Term REQUEST FOR PRODUCTION OF DOCUMENTS To: Judith E. Griebel c/o Joseph F. Murphy, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 HS Financial Services, Inc. (HSFS), by their attorneys, Goldberg, Katzman & Shipman, P.C., request you to produce copies of the following documents, in accordance with Pa. R.C.P. 4009.1 et seq.: INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received. (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, electronic, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, computer hard drives, tapes, computer disks, contracts, agreements, notes, electronic mail (e-mail), memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. 2 DOCUMENTS REQUESTED I. All personal tax returns indicating your wages from 1997 through the year of your termination. 2. All documents identified in your Answers to Interrogatories served contemporaneously herewith. 3. All expert reports you will attempt to introduce at time of trial. 4. Your "book of business," or list of all clients you claim are yours. 5. All documents in support of your claim for damages as made in all counts of your Counterclaim. Respectfully Submitted, By: GOLDBE..~.p~)tATZ, ' P.C>./,/ . '.'; .' ? / ":1;/, p1 I /'" ~ _ - t /) -- '0::::: -,-"" ;'-,... '7- ;. t~ ".. ,_." c ~ ' Stevn E. Grubb, Esquire ( o. 75897) 320 Market Street, P.O. Box 1268 Harrisburg, P A 171 08-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: /1// ?: ,2004 3 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person( s) indicated below by depositing a copy ofthe same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Joseph F. Murphy, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, P A 17110 Date ,2004 By: Steven E. Grubb, Esquire RECYClW@ 0\\~J\ ~ -, Goldberg Katzman, P.C. Steven E. Grubb, Esquire, I,D.# 75897 Attorneys for Plaintiff 320 Market Street Strawberry Square P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH E. GRIEBEL, Defendant CIVIL ACTION - LAW NO. 04-3413 Civil Term INTERROGATORIES DIRECTED TO DEFENDANT To: Judith E. Griebel c/o Joseph F. Murphy, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that, pursuant to Pa. RC.P. 4006, you are hereby required to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing, under oath, to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature ofthe document~, letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or ifit bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control ofthe document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement ofthe subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (I) The means of communication (~, telephone, personal conversation, etc.); 2 (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (I) The name, present address and present employer and position ofthe person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or 3 statement if not in your possession. F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. 4 INTERROGATORIES I. Identify all individuals who provided information; assisted in preparing; and prepared the answers to these interrogatories. 5 2. Identify all documents you will use at time of trial. For each document, identify the date, author, intended recipient, and a summary of the substance of each document. 6 3. Identify all witnesses you will call at time of trial. For each witness, identify their name, address and telephone number, and summarize their anticipated testimony. 7 4. Identify all experts you will use at time of trial. For each expert, state the subject matter on which the expert is expected to testify and a summary of the grounds for each opinion. Pursuant to Pa. RC.P. 4003.5(a)(1 )(b), you may answer this interrogatory by filing a report of the expert or have the interrogatory answered directly by the expert. 8 5. At paragraph 12 of your Counterclaim, you allege that Plaintiff made an "offer of partnership." Describe this "offer." Include the date the offer was made; who made the offer; identify the other intended partners in the partnership; and all other information pertaining to the "partnership. " 9 6. At paragraph 13 of your Counterclaim, you allege an "oral agreement setting up the terms and conditions of this partnership." Describe all terms and conditions contained in the oral agreement, including the participants; the consideration for the oral agreement; and the benefits you were to realize as a result of the oral agreement. 10 7. At paragraph 17 of your Counterclaim, you allege that you were induced to become an employee in 2002. Describe in detail all actions taken by the Counterclaim Defendant to "induce" you to become an employee. Include the time, date and specific words that were said to "induce" you. 11 8. Describe in detail the other opportunities you gave up when you were "induced" to be employed with Counterclaim Defendant in 2002. Include all other business opportunities available to you, as well as the state of your employment at the time of your "inducement." 12 9. Identify all salary and financial remuneration made you received, regardless of its source, from 1997 through 2002. 13 10. In paragraph 19 of your Counterclaim, you state that you "trained and assisted at least one of the principals of Plaintiff in becoming a Licensed Financial Advisor." Identify who you trained; when these training sessions occurred; what information you imparted upon the trainee; and how long the training went on. 14 II. Identify all of your customers/clients as of your termination from Counterclaim Defendant and what products and services you provided each of these clients. 15 12. In paragraphs 22 through 24 of your Counterclaim, you state that you allegedly explained to Plaintiff/Counterclaim Defendant that fees and commissions for fmancial advisory services could not be exchanged for salary and benefits. Describe each and every date you explained this to Counterclaim Defendant, together with information as to the participants in each communication; the substance of the communications; and the time when the alleged conversations occurred. 16 13. In paragraph 24 of your Counterclaim, you allege an arrangement between you and Counterclaim Defendant that Raymond James agreed to. Identify all communications with Raymond James pertaining to this "arrangement;" all persons involved in the communications; all writings associated with the communications; the substance of the communications; and the dates when said communications occurred. Also identify all occurrences when Raymond James agreed with the "arrangement." 17 14. In paragraph 26 of your Counterclaim, you allege that you and Raymond James repeatedly informed Counterclaim Defendant of your concern that the amount of the checks was exceeding the amount of the direct expenses of operating the financial services office. Identify every time you and/or Raymond James informed Counterclaim Defendant of your "concern." Identify all participants in any communications; all writings associated with any communications; and the date and substance of any identified communications. 18 15. In paragraph 27 of your Counterclaim, you allege that you were advised by a principal at Counterclaim Defendant that he could operate without you and that there was to be no written partnership agreement. Identify which principal of Counterclaim Defendant advised you of this information; the date you were advised; and the substance of the communication. 19 16. In paragraph 28 of your Counterclaim, you allege that in July of2003, the checks you were providing Counterclaim Defendant began to exceed the expenses of Counterclaim Defendant. Provide all evidence in support of this assertion. Include any financial records or documents you have to support this allegation. 20 17. In paragraph 29 of your Counterclaim, you allege that in July of2003, you brought information to the attention of Counterclaim Defendant that the checks you were submitting to Counterclaim Defendant were exceeding the expenses made by Counterclaim Defendant. Identify all information you brought to Counterclaim Defendant's attention. Include the date and time when the information was brought to Counterclaim Defendant's attention; the substance of the information brought to Counterclaim Defendant's attention; the person who brought the information; who received the information; and all documents associated with the information you brought to Counterclaim Defendant's attention. 21 18. In paragraph 32 of your Counterclaim, you allege that Counterclaim Defendants presented you with a letter of resignation, and you resigned. Identify which principals presented you with the letter of resignation; when it was presented to you; and whether you believe you were forced to resign, against your will, from Counterclaim Defendant's employ. 22 19. In paragraph 33 of your Counterclaim, you allege that Counterclaim Defendant did not forward mail or inform your clients of the new location of your business. Identify what mail you believe was not forwarded; what clients you believe were not informed of your new location; and all documents in support of this allegation. 23 20. Identify all efforts you made at making sure your clients knew of your new location and all efforts you made at having your mail forwarded to you at your new location. 24 21. You make a damage claim in Count I of your Counterclaim for $10,167. Explain how this figure is arrived at. Include all documents in support of your damage figure. 25 22. At paragraph 45 of your Counterclaim, you allege that Counterclaim Defendants had no intention to make you a partner of the alleged business entity that was to be formed. State all facts in support of your allegation, including why you believed, at the time said statements were made, that Plaintiff had no intention of making you a partner; how this was conveyed to you; and all documents associated with this allegation. 26 19. In paragraph 33 of your Counterclaim, you allege that Counterclaim Defendant did not forward mail or inform your clients of the new location of your business. Identify what mail you believe was not forwarded; what clients you believe were not informed of your new location; and all documents in support of this allegation. 23 20. Identify all efforts you made at making sure your clients knew of your new location and all efforts you made at having your mail forwarded to you at your new location, 24 21. You make a damage claim in Count I of your Counterclaim for $10,167. Explain how this figure is arrived at. Include all documents in support of your damage figure. 25 22. At paragraph 45 of your Counterclaim, you allege that Counterclaim Defendants had no intention to make you a partner ofthe alleged business entity that was to be formed. State all facts in support of your allegation, including why you believed, at the time said statements were made, that Plaintiff had no intention of making you a partner; how this was conveyed to you; and all documents associated with this allegation. 26 23. In paragraph 46 of your Counterclaim, you allege malice on the part of Counterclaim Defendants. Provide all evidence in support of your allegation that Counterclaim Defendant purposely and maliciously attempted to financially injure you. State how you were financially damaged; all communications which lead you to allege that Counterclaim Defendant purposely and maliciously attempted to financially destroy you; and identify all individuals at Counterclaim Defendant who manifested a purposeful and malicious intent to financially injure you. 27 24. At paragraph 47 of your Counterclaim, you allege that Counterclaim Defendant fostered distrust and urged your clients not to do any further business with you. Provide all evidence in support ofthis allegation. Include all individuals who reported to you that Counterclaim Defendant was fostering distrust and urged them to do no further business with you. Identify the substance of each communication. Identify all documents associated with this allegation. Respectfully Submitted, By: GOLDBERG KATZMAN, P.C. /.<'J ' / <,,/ ?/ -0" ;.: /' I' _" Ste-ic E:Grubb, Esquir' - ill No. 75897) 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: II /I~ ,2004 28 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: II (Ita Joseph F. Murphy, Esq. Capozzi & Associates, P.C, 2933 North Front Street Harrisburg, P A 17110 /0 Date ,2004 By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Joseph F. Murphy, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, P A 1711 0 Date: May~, 2005 ~<<iIP By' / -;:, ( :,./ teven E. Grubb, Squire ' Attorney for Plaintiff (".' ~ v~ ;; "'" --'- " :\1 A ~ '-'" .""C '.3- ..r,- "" v.> " ...'.;., " , HS FINANCIAL SERVICES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of May, 2005, upon consideration ofPlaintitI's Motion To Compel Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J Steven E. Grubb, Esq. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney for Plaintiff ~ /1'YU~~ .- 5-/Y'.O; Joseph F. Murphy, Esq. 2933 North Front Street Harrisburg, P A 1711 0 Attorney for Defendant C}.-. :rc L S ,L'j r '~'f ;0 !1TJSCDZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant ANSWER OF DEFENDANT/COUNTERCLAIM PLAINTIFF JUDITH E. GRIEBEL TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY I. Admitted. 2. It is admitted only that some of the discovery pertains to defenses and counterclaims made by Judith E. Griebel in the pleadings stage of the case. Plaintiff's characterization of the discovery is denied. 3, The averments contained in this paragraph are denied as stated. Pursuant to the Rules of Civil Procedure, the parties may modify the procedures provided by the Rules by agreement and may agree to extend the time within which to respond to discovery, and Plaintiff did, in fact, agree to extend the deadline for answers. 4. It is admitted that more than 30 days has elapsed since service of the discovery and that the defendant has not yet served answers. However, answering defendant is in the process of finalizing and verifYing the answers for service. 5. Admitted. 6, Admitted; however, it is believed that Ms. Griebel is in the process of finalizing and verifying the answers to the discovery. 1 ............ . 7. Denied as stated. Some of the interrogatories and requests are objectionable in part. 8. See answer to paragraph number 6. 9. It is submitted that the sanctions requested herein are inappropriate, except an Order compelling Ms. Griebel to answer the discovery. Answering Defendant/Counterclaim Plaintiff Judith E. Griebel respectfully requests that this Honorable Court enter an Order compelling discovery answers within 30 days from the date of the Order, and if the discovery is not answered by that time, Plaintiff may apply to the Court for additional relief WHEREFORE, it is respectfully requested that this Honorable Court enter an Order compelling Defendant/Counterclaim Plaintiff Judith E. Griebel to answer Plaintiffs discovery within 30 days, and that the remainder of the relief requested by Plaintiff be denied. Dated: '-:>!) 0/(:, S Capozzi & Associates, P.C. ,J<#,p . Murphy, 'E u re -Attorney J.D. Np, 781 2933 North Front St. Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintiffs r: 2 .. . CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certify that I have served a true and correct copy of the foregoing Answer of Defendant/Counterclaim Plaintiff Judith E. Griebel to Plaintiffs Motion to Compel Discovery by means of first class mail, postage prepaid, . ""\;\ upon the following counsel of record, this ~ day of May, 2005. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Capozzi & Associates, P.C. " c._.-',,- , ..,. Jos<tP.n R-,' 'rphy, s Attorney I.D. No:-1S119 2933 North Front St. Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintiffs 3 HS FINANCIAL SERVICES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of May, 2005, upon consideration of Plaintiffs Motion To Compel Discovery, and of the Answer of Defendant/Counterclaim Plaintiff Judith E. Griebel to Plaintiffs Motion To Compel Discovery, Plaintiffs motion is granted to the extent that Defendant is directed to serve answers to Plaintiffs Interrogatories and docurnents in response to Plaintiffs Request for Production of Documents upon Plaintiffs counsel within 20 days of the date of this order. BY THE COURT, esley Oler, J. Steven E. Grubb, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Joseph F. Murphy, Esq. 2933 North Front Street Harrisburg, PA 17110 Attorney for Defendant ~,~ t.,~DI-O,j Cr,. :rc 8~; "';,1 1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant MOTION OF DEFENDANT'S/COUNTERCLAIM PLAINTIFF'S COUNSEL TO WITHDRAW FROM REPRESENTATION AND MOTION TO STAY PROCEEDINGS FOR 30 DAYS 1. Plaintiff instituted this civil action by the filing of a Complaint on or about August 2, 2004. 2. On September 7, 2004, prior counsel for Defendant Griebel, Pauline A. Constantino, Esquire, filed an Answer to Plaintiffs Complaint with a counterclaim. 3. On October 13, 2004, Joseph F. Murphy ofthe Law Firm of Capozzi & Associates, P .C. entered his appearance as counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel. 4. During the course of the case there has developed an irretrievable breakdown of the attorney/client relationship, such that counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel can no longer effectively represent Ms. Griebel. 5. Undersigned counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel respectfully requests that this Honorable Court grant this motion and permit the undersigned to withdraw as counsel for Ms. Griebel. I 6. In the event that this Honorable Court is inclined to grant the undersigned counsel's Motion to Withdraw, counsel respectfully requests that this Honorable Court enter an Order staying the case for a period of 30 days to afford Defendant/Counterclaim Plaintiff Judith E. Griebel an opportunity to secure other counsel. WHEREFORE, counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel respectfully requests that this Honorable Court grant this Motion, enter an Order permitting counsel to withdraw, and enter an Order staying the case for 30 days to afford Defendant/Counterclaim Plaintiff an opportunity to secure other counsel. Dated: '7(2--'7/ D5 Capozzi & Associates, P.C. , lit1-' 'F. Mu ,s ire I Attorney J.D. o. 119 2933 North Front St. Harrisburg, P A l7llO (717) 233-4101 Attorney for Plaintiffs 2 CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certifY that I have served a true and correct copy of the foregoing Motion of Defendant's/Counterclaim Plaintiff's Counsel to Withdraw from Representation and Motion to Stay Proceedings for 30 Days by means of r- first class mail, postage prepaid, upon the following, this a2-- day of May, 2005. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Judith E. Griebel 2018 Quay Village Ct., Apt. T2 Annapolis, MD 21403 Capozzi & Associates, P.C. Ltt- JoseF F. Murphy, s u' e AMrney J.D. No.7 I 2933 North Front St. Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintiffs 3 () '" ~ = c <= <.r' '''1''.1 l~.,: '- ::? rr' ~--: c= ffi:D ;;":1 ;.e -0 F;; t~~<' I -.J ?~g r.O -' , '<' .." =roT, ;?:~:C) :.5""" :x ~_-70 ~~~ om '--\ ~ )> (.) ,n ,j;- .< HS FINANCIAL SERIVCES, LLC, Plaintiff v. JUDITH E. GRIEBEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2005, upon consideration of Motion of Defendants/Counterclaim Plaintiff's Counsel To Withdraw from Representation and Motion To Stay Proceedings for 30 days, a Rule is hereby issued upon both parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. vto'seph F. Murphy, Esq. 2933 North Front Street Harrisburg, P A 17110 Attorney for Plaintiffs I .....steven Grubb, Esq. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 :rc BY THE COURT, \i'l\tV'/\lAS,i\) :\1:1,.! } "'I~'" ,,, ': ' '.:;=,,,,~,, \.1.)\1 .'l' : :' ";, <_ :1;":1: 10 9 I : II WV +j I NonUilZ . U.J' "'I' '0" , ',' 'd ::IHl :10 Aovlv \1 :"L.!.\AJ ... 301:HCK131I:l Goldberg Katzman, P.C. Steven E, Grubb, Esquire, I.D,# 75897 Attorneys for Plaintiff 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION .. LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 Civil Term PLAINTIFFS' MOTION FOR SANCTIONS FOR FAILURE TO PROVIDE DISCOVERY Plaintiffs HS Financial Services, LLC (HSFS), by and through its counsel, Goldberg Katzman, P.C., makes this Motion for Sanctions for Failure to Provide Discovery: I. On or about May 31, 2005, this Court granted Plaintiff's Motion to Compel Discovery ordering Defendant Judith E. Griebel to produce answers to Interrogatories and Request for Production of Documents within twenty (20) days of the court order. The order is attached hereto. 2. Well over twenty (20) days have elapsed, and Griebel has failed to produce the ordered discovery. 3. Griebel has violated the court's May 31 Order, as well as the Pennsylvania Rules of Civil Procedure pertaining to discovery. 4. The parties had been discussing potential settlement of the case, but no extensions oftime had been requested or granted as to compliance with the Court's Order. 5. Sanctions per Pa. RC.P. 40l9(c) are appropriate and requested as follows: a. An order striking Ms. Griebel's Counterclaim and defenses, or parts thereof, or entry of judgment of non pros as to Ms. Griebel's Counterclaim, pursuant to Pa. R.C.P. 40l9(c)(iii); b. An order prohibiting Ms. Griebel from supporting claims made in her Counterclaim, as well as the defenses raisl:d in her Answer and New Matter, with evidence that would have been responsive to the discovery requests, pursuant to Pa. R.C.P. 4019(c)(ii); and/or c. Any other order this court deems appropriate, including an order compelling Ms. Griebel to pay all costs and fees associated with the preparation and prosecution ofthls Motion to Compel Discovery. WHEREFORE, it is respectfully requested that the cow:! grant HSFS' Motion to Compel Discovery and accord the requested relief and sanctions. Respectfully Submitted, Date: f/Jtt/tJ5 By: GOLDBERG KATZMAN, P.C. I ;' ~ f". '~ V teven E. Grubb, quire Attorney I. D. No. 75897 320 Market Stree:t, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs 2 .. --,...'" ~ '..,'" ',." ~,~. ,'<' ,...."'" ,'. '~'" ~<"" ~-- ~, " .".__~<,..,"",''''''' - '~'-""","."__. o,"','~';"." '-","'~~."~'_"C.'.~.X,,-"'.,.,,':""',,~'e""~~"'f'""'-.".""".; ...~~....,,,.,.. ~c.". - .. ,.. '. "',,,~~:""" HS FINANCIAL SERVICES, LLC, IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COU1\fTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW ruDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of May, 2005, upon consideration of Plaintiffs Motion To Compel Discovery, and of the Answer of DefendantlCounterc1airn Plaintiff Judith E. Griebel to Plaintiffs Motion To Compel Discovery, Plaintiff's motion is granted to the extent that Defendant is directed to serve answers to Plaintiffs Interrogatories and documents in response to Plaintiffs Request for Production of Docurnents upon Plaintiff's counsel within 20 days of the date of this order. BY THE COURT, es1ey Olei:, Steven E. Grubb, Esq. ~ Market Street /P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiff Joseph F. Murphy, Esq. 2933 North Front Street Harrisburg, PAl 711 0 Attorney for Defendant :rc TI:tUE COP\' FROM RECOR In reallrflOfly whereat. I her. uoto set mY ~nc1 ' GIld 1110 MIl " salcI ~ ~ PI. Thil.. /, ~6 . _- 1)>;.~1If f) . ( ~~~ PtottlOIlOlltY . CERTIFICATE OF SERVICE; I hereby certifY that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Joseph F. Murphy, Esq. Capozzi & Associates, P.C. 2933 North Front Street Harrisburg, PA l7ll0 GOLDBE~RG KATZMAN, P.c. By: / ~ Steven E. Grubb, ES~ Attorney I. D. No. 75897 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs Date: 1/~'t /06 126765,) o c ,..., CC~ C:;;J C.." (/'J Pl -0 f'.' U) o -n s=! rn 'TI r- ~rJrr: ::ty ....::jC) :~~ ::-ri ",{-; Srn "" ;- "0 =< <:i' ... Vi Goldberg Katzman, r.c. Steve" E, Grubb, Esquire, I.D,# 75897 Attorneys for Plaintiff 320 Market Street, p, 0, Box 1268 Harrisburg, P A 17108-1268 (717)234-41.61 HS FINANCIAL SERVICES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JUDITH E, GRIEBEL, Defendant NO. 04-3413 Civil Term PLAINTIFFS' RESPONSE TO MOTION TO MAKE RULE ABSOLUTE PlaintitTs HS Financial Services, LLC (HSFS), by and through its counsel, Goldberg Katzman, P.c., hereby responds to Judith E. Griebel's attorney's "Motion To Make Rule Absolute" as follows: I. Admitted with the qualification that Ms. Griebel asserted various counterclaims which demanded amounts well in excess of the amounts Plaintiffs requested. Plaintiffpropounded discovery upon Ms. Griebel to ascertain information and the basis for these counterclaims to which Ms. Griebel, while being represented by Attorney Murphy, failed to respond. JSFS was then forced to file a Motion To Compel. The Motion To Compel was granted in the Order attached hereto. The Order granted Ms. Griebel twenty (20) days to provide discovery from the May 31, 2005 Order. Well over twenty (20) days has elapsed and Ms. Griebel is now overdue in her production of discovery and in clear violation of the Court's Order. While counsel for Plaintiff does not seek to compel Attorney Murphy to remain in the case, any stay that the Court would consider should in no way affect the pending motions pertaining to Ms. Greibel's discovery violations and the appropriate sanction for her non-responsiveness. 2. Plaintiff is without knowledge as to the relationship between Plaintiff and her counsel, other than that Ms, Griebel, through her attorney, asserted counterclaims with demands which exponentially exceeded the value ofHSFS's claims. 3. Admitted, 4. Admitted, 5. Admitted, 6. Admitted, 7. Admitted. WHEREFORE, counsel for Plaintiff, HS Financial Services, Inc., does not object to the withdrawal of Attorney Murphy as counsel for Ms. Griebel. However, it is respectfully requested that the requested stay not effect pending discovery issues that occurred while her present counsel was employed. Respectfully Submitted, Date: 9 j1f)/t/5 By: 126765.1 St€ven E. Grubb, uire Attorney I. D. No. 75897 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs 2 .. .'" ~,"""'-, .~~....,~ -.......".,........,."..', "'.', ._ -" ,-"';"''i'",',' ~.,," ' ,,' '. .~": ~f~.. ,'" ~.__ '~"'..":,J1IIIII HS FINANCIAL SERVICES, LLC, IN TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiff v. CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 31 ,t day of May, 2005, upon consideration of Plaintiffs Motion To Compel Discovery, and of the Answer of Defendant/Counterclaim Plaintiff Judith E. Griebel to Plaintiffs Motion To Compel Discovery, Plaintiffs motion is granted to the extent that Defendant is directed to serve answers to Plaintiffs Interrogatories and documents in response to Plaintiffs Request for Production of Documents upon Plaintiffs counsel within 20 days of the date of this order. BY THE COURT, esley Oler, r., J. Steven E. Grubb, Esq. ~ Market Street /P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney for Plaintiff Joseph F. Murphy, Esq. 2933 North Front Street Harrisburg, P A 17110 Attorney for Defendant :rc TRUE COPY FROM RECORU In Tfttll'flOlly WhellJOf, Iller. UOID set rwi hallCl &Ild the ... " sald ~1IsIe PI. r {" ~..... .~ (,~~~ay/) .. 4f:r ~, CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pcnnsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Joseph F. Murphy, Esq. Capozzi & Associates, P,C. 2933 North Front Street Harrisburg,PA 17110 GOLDBERG KATZMAN, P.C. By: Steven E. bb, Esquire Attorney I. D. No. 75897 320 Market Street, P.O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs Date: Cj /3DID'7 126765] n ...., 0 ~ C'- ..~:') -n c.,n (/J ...... ~- r'!''. [-I') -';,,) c., 0 -', ,'-' ,i_: ...-1 {)l -< 1.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant MOTION TO MAKE RULE ABSOLUTE I. Plaintiff instituted this civil action by the filing of a Complaint on or about August 2, 2004. 2. During the course of the case there has developed an irretrievable breakdown of the attorney/client relationship, such that counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel can no longer effectively represent Ms. Griebel. 3. On June 7, 2005, counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel filed a Motion to Withdraw as Counsel and a Motion to Stay Proceedings for 30 days. 4. On June 13, 2005, the Honorable J. Wesley Oler, Jr., entered a Rule to Show Cause why the relief requested by Defendant's counsel should not be granted. 5. The Rule issued was returnable within 20 days of service. 6. On June 21, 2005, counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel served the Rule to Show Cause upon said Defendant/Counterclaim Plaintiff. (A 1 true and correct copy of the letter serving the Rule to Show Cause is attached hereto as Exhibit A). 7. It has now been more than 20 days since service of the Rule to Show Cause, and no response to the Rule has been filed. WHEREFORE, counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel respectfully requests that this Honorable Court enter an Order making the Rule absolute, permitting counsel to withdraw, and enter an Order staying the case for 30 days to afford Defendant/Counterclaim Plaintiff an opportunity to secure other counsel. Dated: Capozzi & Associates, P.C. ~. urphy, ~~I.D.NO. II 2933 North Front St. Harrisburg, P A 17110 (717) 233-4101 Attorney for Plaintiffs 2 Louis J, Capozzi, Jr" Esquire Daniel K, Natirboff. Esquire Donald R, Reavey, Esquire Doreena C. Sloan. Esquire Michael B, Yolk, Esquite Joseph F, Murphy, Esquire Bruce G, Baron, Research Coordinator Robert G, Sobanski, Reimb, Analyst Karen L. Fisher, Paralegal Susan Courchesne, Paralegal p.c. 2933 North Front Street Harrisburg, PAl 711 0 Telephone: (717) 233-4101 Fax: (717) 233-4103 www.capozziassociates.com Of Counsel: Steven T, Hanford, Esquire June 21, 2005 Judith E. Griebel 2018 Quay Village Ct., Apt. T2 Armapolis, MD 21403 Re: HS Financial Services, LLC v. Judith E. Griebel Dear Ms, Griebel: Enclosed please find the Rule to Show Cause issued by Judge Oler. Since dictating 1his letter, we spoke about the possibility of settling this case. I am currently awaiting a call from Plaintiffs counsel with regard 10 your settlement proposal. As soon as I hear from him I will let you know, Very truly yours, Capozzi & Associates, P.C. ;. - I (" \(, I v' J ' I ,/ Jgseph F. Murphy, Esquire JFM/sc Enclosure EXHIBIT I A ,------ ; -~,--' r~lt HS FINANCIAL SERIVCES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2005, upon consideration of Motion of Defendants/Counterclaim Plaintiff's Counsel To Withdraw from Representation and Motion To Stay Proceedings for 30 days, a Rule is hereby issued upon both parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Jo;;eph F, Murphy, Esq, 2933 North Front Street Harrisburg, P A 17110 Attorney for Plaintiffs Steven Grubb, Esq. 320 Market Street Strawberry Square P,O, Box 1268 Harrisburg, P A 17108-1268 :rc . CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certify that I have served a true and correct copy ofthe foregoing Motion of Defendant's/Counterclaim Plaintiff's Counsel to Withdraw from Representation and Motion to Stay Proceedings for 30 Days by means of ,,~v ~c-rr~f"-- first class mail, postage prepaid, upon the following, this dl day of .,' 2005. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P .C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Judith E. Griebel 2018 Quay Village Ct., Apt. T2 Annapolis, MD 21403 Capozzi & Associates, P.C. 3 ....., = = 0,'" C> (") -l , .::- ~ .... ~1: "11 fnp _(j01 ~"O .~~~ " ":., :i:; ,., ", ~~: ~9 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs, CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR SANCTIONS I. Admitted. 2. Admitted. By way of further answer, as set forth in Defendant's counsel's Motion to Withdraw, there has developed during the course of the case an ilTetrievable breakdown of the attorney/client relationship, such that counsel for Defendant/Counterclaim Plaintiff Judith E. Griebel can no longer effectively represent Ms. Griebel. This breakdown in the attorney/client relationship has resulted in Defendant/Counterclaim Plaintiff being unable to provide full, complete, and verified answers to Plaintiffs written discovery. Accordingly, Defendant/Counterclaim Plaintiffs counsel requested that the Court issue an Order staying these proceedings for 30 days in order to afford Defendant/Counterclaim Plaintiff the opportunity to secure new counsel and properly respond to Plaintiffs Discovery. It is respectfully submitted that a 30-day stay is reasonable and will not in any way prejudice Plaintiff. Plaintiff does not allege any such prejudice in its motion. Defendant/Counterclaim Plaintiff respectfully requests that this Honorable Court grant the Motion to Stay the Proceedings, enter an Order proceedings for 30 days, and issue a Rule to Show Cause on Defendant/Counterclaim Plaintiff as to why Plaintiffs Motion for Sanctions should not be granted, with the Rule Returnable within 30 days from the date of the Order granting the Motion to Stay. 3. The averments contained in this paragraph are legal conclusions. Accordingly, no response is required. To the extent that a response is required, it is respectfully submitted that good cause exists for Defendant's inability to comply with this Court's May 31, 2005 Order. It is further submitted that no prejudice has resulted to Plaintiff, and Defendant's Request for the issuance of a Rule to Show Cause, as set forth above, is reasonable and appropriate under the circumstances. 4. It is admitted that the parties have been discussing a potential settlement of this case and that no extensions of time have been requested or granted as to discovery. However, Defendant submits that a Rule to Show Cause, as requested above, is reasonable and appropriate under the circumstances. 5. (a) - (c) Sanctions are inappropriate at the present time for reasons set forth herein and in Defendant's counsel's Motion to Withdraw and Motion to Stay. Plaintiff has not suffered, nor will Plaintiff suffer, any prejudice by this Honorable Court's issuance of a Rule to Show Cause in response to Plaintiffs Motion. Accordingly, it is submitted that the sanctions requested by Plaintiff are premature. 2 WHEREFORE, Answering Defendant/Counterclaim Plaintiff Judith E. Griebel respectfully requests that This Honorable Court issue a Rule to Show Cause why the relief requested in Plaintiff's Motion for Sanctions should not be granted, with a Rule Returnable within 30 days from the date that the Court enters an Order staying these proceedings. Dated: I)l '{ l ()5 Capozzi & Associates, P.C. 3 CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certify that I have served a true and correct copy of the foregoing Defendants' Answer to Plaintiff's Motion for Sanctions by means of first class mail, postage prepaid, upon the following counsel of record, this 4th day of October, 2005. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Judith E. Griebel 2010 Quay Village Ct., Apt.T2 Annapolis, MD 21403 Capozzi & Associates, P.C. 4 " ,..., r~ 0 5.,; = 'Tl w, 0 ;:! ,; Ai ." -l i~;':; rT~ I c;:; --.I r '._.! -" ::r:r, "', ""J .....-,. c) C-) ,...... fit / .::.=.j .<- ~~, ,'; CJ ')j ,-( CO :", RECEIVED OCT 0 6 ?OnS~ ^y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant ORDER H- AND NOW, this lQ. day of () (. { . , 2005, upon consideration of the Motion to Make Rule Absolute filed by Attorney Joseph F. Murphy, it is hereby ORDERED that said Motion is granted. jt lC furt.Rer ORDERED dull t11~~ IIH:lll~J. b"" JtaY68 fo~ J0 day;, fJ.UIH the Elate gfthls , or.Qllr te afield DdcH811HtlCe1lfl1erelllilfl PlaiHtiff an Cll'I'el'll:lnit) t~ '''lOU'\;; ull,,,, C5I:lHse!~ 7 v--- .<"~nJ }.Jj\!{:,,'"': C,.. 'I~\ l"'! .:,:v 'dl ~;'!.'" Z \ l~ru ~UDZ ::\0 HS FINANCIAL SERIVCES, LLC, Plaintiff v. JUDITH E. GRIEBEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-3413 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of October, 2005, upon consideration of Plaintiffs Motion for Sanctions for Failure To Provide Discovery, a hearing is scheduled for Wednesday, December 14,2005, at 11 :00 a.m., in Courtroom No.1, Curnberland County Courthouse, Carlisle, Pennsylvania. ~ven E. Grubb, Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Plaintiffs J~dith E. Griebel J 2010 Quay Village Ct. Apt. T2 Annapolis, MD 21403 Defendant, pro se :rc BY THE COURT, ,tp ,V \0 6,~.7 1" '" (',I lJ <.J <L. Z I J:}O SUGZ -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HS FINANCIAL SERVICES, LLC Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Ter.ns Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant Judith E. Griebel in the above-captioned matter. Attached hereto as Exhibit A is the Order of Judge Oler, Jr., entered on October 10, 2005, granting the Motion to make Rule Absolute. Dated: 'lt1/05 Capozzi & Associates, P.c. CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire, hereby certifY that I have served a true and correct copy of the foregoing Praecipe to Withdraw by means of first class mail, postage prepaid, upon the following, this \1^ day of October, 2005. Steven Grubb, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market St. Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Judith E. Griebel 2018 Quay Village Ct., Apt. T2 Annapolis, MD 21403 Capozzi & Associates, P.C. RECEIVED OCT 0 6 ZUO~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HS FINANCIAL SERVICES, LLC OCT I 4 2005 , I Plaintiff, vs. CIVIL ACTION - LAW JUDITH E. GRIEBEL, No. 04-3413 Civil Terms Defendant ORDER AND NOW, this~~ayoflOT ,2005, upon consideration of the Motion to Make Rule Absolute filed by Attorney Joseph F. Murphy, it is hereby ORDERED that said Motion is granted. It 15 turtnt:l OItBEREQ thQUhis matter p.e.Jt"J""d [VI 36 d"y:s fiVUL Lna g~tP nfthi~ onley 1a ...ffv.d uClendauuCouuu:iu...la;.u Pl~:uLJr au uppud.uuiiy Lv ~"al:lr9 9tR9l' li:SU.l.!,GI. t5!.1 -i (:J 1 (fJtM,-1 EXHIBIT I .~ . ~! <-' () C~;l ,'_~__J -1'1 C',1"1 c:~ ,-1 --I- e) i\"'I -\ C.) -:-) C,,) C"j HS FINANCIAL SERIVCES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant NO. 04-3413 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS FOR FAILURE TO PROVIDE DISCOVERY ORDER OF COURT AND NOW, this 13th day of December, 2005, upon relation of Steven E. Grubb, Esq., attorney for Plaintiff, that a discontinuance is being filed in the above matter, the hearing previously scheduled for December 14,2005, is CONTINUED GENERALLY. Counsel for Plaintiff is directed to contact the Court if he desires a hearing in this matter or when a discontinuance is filed. BY THE COURT, J. vSteven E. Grubb, Esq. 320 Market Street ""- P.O. Box 1268 . . ' Harrisburg, PA 17108-1268 . .A"udith E. Griebel / \:CY 2010 Quay Village Ct. ((\ /\ \Y Apt. T2 \1'"" Annapolis, MD 21403 Defendant, pro se .' , Goldberg Katzman, P.c. Steven E. Grubb, Esquire, I.D.# 75897 Attorneys for Plaintiff 320 Market Street, P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 HS FINANCIAL SERVICES, LLC, Plaintiff/Counterclaim Defendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JUDITH E. GRIEBEL, Defendant/Counterclaim Plaintiff NO. 04-3413 Civil Term PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended with respect to all claims filed by the Plaintiff/Counterclaim Defendant and Defendant/Counterclaim Plaintiff. I' . .Jj , -zJr:::<(/ . ~ / ) /...fd:'[ ._/.'~' [:-r.../ By: JuditlyE. Griebel .- GOLDBERG KATZMAN, P.c. _/~/~ 17/, Z"""'"" ( :(,,-{; I, St en E. Grubb, Esquire Attorney I. D. No. 75897 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs/Counterclaim Defendants 7016 Channel Village Ct., Apt. 21. Annapolis, MD 21403 Defendant/ Counterclaim Plaintiff Dated: J tl /.?"7 / US 129353.1 r--? ~:~~, ,:.Y~ c_ :,,- , uJ "'c.,;" c.