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Home My WebLink About11-3025IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~v ABEL PERSONNEL Plaintiff VS. MANN REALTY, INC. Defendant M %,v zXM NO. 11-3025 >C') CIVIL ACTION - LAW C) NOTICE TO DEFEND i -v 3 ca c? 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 is served, by entering a written appearance, personally of 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ?rn --+ca r, -r{ t)-n r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABEL PERSONNEL NO. 11-3025 Plaintiff vs. : CIVIL ACTION -LAW MANN REALTY, INC. Defendant NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABEL PERSONNEL Plaintiff NO. 11-3025 VS. MANN REALTY, INC. Defendant COMPLAINT CIVIL ACTION -LAW AND NOW, this _ day of April, 2011, comes the Plaintiff, Abel Personnel, and files the within Complaint, and in support avers as follows: 1. Plaintiff, Abel Personnel, is located at 3356 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant, Mann Realty, Inc., is a Pennsylvania corporation with a principal place of business situated at 840 Market Street, Suite 164, Lemoyne, Cumberland County, Pennsylvania 17043. 3. In or around November 2008, Defendant sought employment services from Plaintiff. 4. Defendant signed the Customer Terms of Agreement, which states, in part, "The customer agrees that failure to pay invoices when received will result in late charges, and that if the invoice is placed for collection, court costs and legal fees will be added to the total." A true and correct copy of the Customer Terms of Agreement is attached hereto, incorporated herein and marked as Exhibit "A". 5. Defendant was provided with invoices by Plaintiff showing the balance due and owing each month. A true and correct copy of the running EXHIBIT "A" `v'u iu.c? rna !1f 001 Vls4 ABEL PERSONNEL CUSTOMER TERMS OF AGREEM ! LL It ENT By your signature you are ce that o F:a eox are authorized on behalf of- the cuustomar tn I Nom" PA 1711 agree to the following: The hours shown are the hours the employee worked for you. The customer will pay the invoice for these hours when received. I The customer understands that all hours worked over 40 in a week will be billed at time and half. Abel Temps makes substantial efforts and incurs substantial expenses in order to provide our clients with quality employees. Therefore a reasonable sum will be charged if the employee is hired by the clients, transferred to an affiliated company, or to another staffing service within a six month period after completion of an assignment. The customer agrees that the employee will not be made a permanent staff member, transferred to an affiliated company, or other staffing service without payment of our agency I conversion charge. The customer agrees that failure to pay invoices when received will result in 'late charges, and that if the invoice is placed for collection, court costs and legal fees will be added to the total. Please call us with any comments or suggestions. Abel Temps thanks you for your business! Ia003 110 Pftni o ply t?lgYk'iE BKiNA F" O) HOUR 0111i PW 9&OWVM PER OAY ttM'!!! 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'""""' cue: i?at???,?y I'd EXHIBIT "B" 4:11 PM 021111 10 ABELTEMPS Customer QuickReport All Transactions T pe Data Wum M enlo Accent Or Spot AMOUM MANN REALTY Mvotca 0511112005 42984 1410 , Accounts Re001vaDlea -SPLIT- 869.00 Invoice 05111/2005 42985 1410 - Accounts Receivables SPLIT- 916.38 Payment 05!20/2005 1499 UndeposlMd q 1410 A000Unts RWAOVsbles 1,785.47 Invoice 0512412005 43134 1410 - Accounts Receivables SPLIT- 1.72035 Payment 0810212005 1499 • Unosposaed J 1410, Accounts Receivables 1,72&35 Invoice 0610612005 43302 1410 ACOOUnts Receivables -SPLIT- 1,507.60 Payment 06!1012006 1499 Undepos8eo J 1410 Accotads Receiables 1,507.60 Invoice OW2f2006 43460 1410 AC=Mts ROMables -SPLIT- 1.802.19 Payment 07/068005 1499 Undeposeed v 1410 - Accounts Receivables 1,602.19 Invoice 07/06/2005 43586 1410 • Accounts Receivables -SPLIT- 73902 Invoice 07/0612005 43567 1410 Accounts Receivables -SPLIT- 490.71 Payment 07!2012005 1499 Undopostkd J 1410 - Accounts Receivables 1,229.73 Invoices 071201211115 43468 1410 Aceeunts Receivables -SPLIT 649.63 Invoice 0610212006 43924 1410 - Accounts Receiablea -SPLIT- 750.84 Payment OSM38005 1499 Urdeposoed J 1410 Accounts Receivables 549.83 Invoice 061172005 44068 1410 Accounts Receivables -SPUT- 1,81401 Payment 0411712005 1499 Undeposided J 14,10 Accounts Receivables 750.84 Payment 08/2412005 1499 UndoposRao v 1410 Accounts Receivables 1,614.01 Invoice 08130/2005 44195 1410 Accounts Receivables -SPLIT 1,625.33 Payment OW(MO05 1499 - Undeptlsile0 J 1410 Aexounta Receivables 1,525.33 Invoice 091132005 44363 1410-Accounts Reo webies -SPLIT- 1,537.15 Invoice 09/13200S 44366 1410 - Accounts Receivables -SPLIT- 827.70 Payment 09/1212005 1499, Uneepvsited J 1410. Accounts RecewaDlea 1,53715 Invoice 09128/2005 44529 1410. Accounts Receivables SPLIT- 1,80320 Invoice 08!2&2005 44530 1410 Ac0alnts Receivables -SPLIT- 1,499.48 Payment 10/1012005 1499 - UndepOS4no J 1410 . Accounts Receivables 1,803.20 Invoice 10112/2005 44660 1410 Acawnts Receivables -SPLIT 1.608.17 Invoice 101122005 44682 1410 - Accounts Receivables -SPLIT- 1.891,88 Payment 1011412005 1409 Undsposited J 1410 Accounts Receivables 2.317.56 Payment 10120!2005 1499 Undeposited q 1410 Accounts Receivables 3,500.05 Invoice 10282005 44828 1410 Accounts Receivables SPLIT- 1,489.88 Invoice 10/213!2005 44829 1410 AccountsReceivables -SPLIT- 1,519.42 Invoice 1110812006 44992 1410 - Accounts Receivables -SPLIT- 1.791.38 Invoice 1110812005 44093 1410 Accounts, Receivables -SPLIT- 1,891.88 Payment 11114!2005 1499 - Uldeposited J 1410 Actnunte Reoeivabes 3,009.28 Payment 11117/2005 1499 Undeposited +1 1410 Accealnts ReOMObles 1,791.36 Invoice 11/2312005 45080 1410 ACOOunta Receivable3 -SPLIT- 1,890.90 Invoice 11/2312005 45067 1410 ? Accounts Reoewahim -SPLIT- 1,702.89 Payment 1112812005 1499 Unoopoalted J 1410 - Accounts Receivables 1,691.88 Payment 12MS12005 1499 Utleeposoed q 1410 Accounts Receivables 3.393.59 C-?PO POW1104 4:11 PM 02104/10 ABEL TEMPS Customer QuickReport All Transactions Cate ?. M ?e Acomm _ Or sale Anwwvt Invoice 1210712005 45233 1410 • Accounts Receivables -SPLIT- 1,486.21 Invoice 12/07/2005 45234 1410 Accounts Receivables -6PUr- 1,136.13 Payment 12118!2005 1499 Undeposded 1410 Acoounls Receivables 2,801.34 Mvoicio 12123/2005 45434 1410 Accounts Recelvabks -SPLIT- 1,673.14 Invoice 01105/2006 45500 1410 * Accounts Receivables -SPLIT- 1,237.07 Payment 0110612006 1499 - Un(I%Mifed J 1410 Accounts Retetvabies 1,673.14 Payment 0111312008 1499 - Undeposiled J 1410 - Accounts Receivables 1,237.07 Invoice 01118!2006 46880 1410 Accounts Receivables -SPLIT- 1,80017 Invoice 01131/2000 45763 1410 Accounts Receivables -SPLIT. 1,832.76 Payment 02102/2008 1499 UrldepOStted v 1410 Accounts Receivables 1,f=87 Payment 02106!2008 1499 - Undepoeited v 1410 Accounts Receivables 1.832.76 Invoice 02114!2006 e.5954 1410 • Accounts Receivables -SPLIT- 1,679.04 Payment 0212712006 1499 Undeposiled J 1410 • Accounts Receivables 1,679.04 Invoice 0310112006 46024 1410 Accounts Receivables SPLIT- 1.900.75 Payment 0310812008 1499 - Undeposeed ti 1410, Accounts Receiv.[Aes 1,900.75 Invoice 031142006 46206 1410 Accounts Receivables -SPLIT- 1,832.76 Payment 032272008 1499 Undeposea0 1410 Accounts Receivables 1,832.70 Invoicx 03128/2008 48278 HALLMARK PERM 1410 Acrnunts Receivables SPLIT- 1,060.00 Invoice 03292006 46264 1410 Accounts Receivables -SPLIT- 898.64 Payment 0410712006 1499 Un OW"Ied J 1410, Accounts Receivables 1,968.64 Invoice 06/19x2006 47890 1410 Accounts Receivables -SPLIT- 394.40 In"oe 08/252008 47756 1410 Accounts Recelvables -SPLIT- 246.56 Invoice 082612008 47703 1410 Accounts Receivables -SPLIT- 260.65 Invoice 09106/2006 47855 1410 Accounts ROcecvables -SPLIT- 324.05 Payment 091082006 1499 Urdeposited J 1410 Aocqums Receivables 901.70 Invoice 09/1312006 47949 1410 Acxceunts Receivables -SPLIT. 140.69 Payment 09/1512008 1499 Undeposiled v 1410 Accounts Receivables, 324.05 Payment 09/25/2006 1499 Undeposited 1 1410 • Accounts Receivables 140,89 Invoice 091272006 48025 1410 Accounts Receivables -SPLIT- 281.78 Invoice 092712006 48026 1410 Accounts Receivables -SPLIT- 14089 Invtlke 1M3/2006 48120 1410 Accounts Receivables -SPLIT- 464.94 Invoice 10/102006 48205 1410 Accounts Receivables -SPLIT- 260.65 Payment 10/1912006 1408 Undeposiled 4 1410 - Accounts Receivables 464.94 Payment 101192006 1499 Undepoelled y 1410 Accounts Receivables 422.67 Invoice 10125/2006 46373 1410 Accounts Receivables -SPLIT- 380.41 Payment 10272008 1499 1lndepoated d 1410 Account Recoivables 26085 Payment 112012006 1409. Undepoeted 4 1410 Accounts Receivables 380.41 Invoice 11202007 52299 1410 Acceunta ReoeivalolOS -SPLIT- 724.46 Invoice 1112012007 52300 1410 - Accents Receivables -SPLIT- 1,014.24 Invoice 11/28c2007 52364 1410 Accounts Receivables -SPLIT- 933.74 Payment 1113(17200/ 1499 Undeposited J 1410 Accounts Receivables 2,672.44 Pape 2 of 4 4:11 PM 02104110 ABEL TEMPS Customer QuickReport All Transactions Type Date Num mom A0009n/ Gh Split Amount Invoice 12104/2007 52410 1410 ? Accounts Receivables -SPLIT- 1,132.10 Invoice 1211112007 52517 1410 ACCOUMS Receivables -SPLIT- 1,00271 Payment 12114/2007 1499 UnOepo$W d 1410 - Acoounla Receivebles 1,13210 Invoice 1211712001 !2595 1410 Ac0ounts Racetvabies SPLIT- 08,02 Payment 12120/2007 1499- U1ldepostrod J 1410 Accounts Receivables 1.002.71 Invoice 1212&2007 62682 1410 - Accounts Receivables -SPLIT 1,229.13 Invoice 01/02/2008 52744 1410 Accounts Receivables -SPLIT- 970.37 Payment O7/07/200B 1499 Undellosited 4 1410 Accounts Recevables 2,167.16 Invoice 011091008 52819 1410 Accounts Receivables -SPLIT- 824.81 Payment 0111012008 1499 Undepc$W v 1410 - Atmunts Receivables 97037 Invoice 01!1412008 62873 1410 Accounts Receivables -SPLIT- 2,045.88 Invoice 01121!2008 52963 1410 Accounts Receivables -SPLIT- 2,482.52 Payment 01124/2008 1499 - Undeposited J 1410 ? Accounts Receivables 824.81 Invoice 01/2&!2008 53021 1410 Accounts Receivables -SPLIT- 1132.10 Payment 02104/2008 1499 Undepos8ed v 1410 - Accounts ReceivOWos 4,528.38 Invoke 02107/2008 53100 1410 Accounts Receivables -SPLIT- 1,261.48 Payment 02111/2008 1499 UndeoNlIed J 1410 - Accounts Receivables 1,132.10 "toe 02/11/2008 53170 1410 Accounts Receivables -SPLIT- 1,196.79 Payment 02115/2008 1499 Umleposited J 1410 Accounts Receivables 2.458.27 Invoice 02118!2008 53269 1410 • Accounts Receivables -SPLIT- 1,261,48 kwoiee 0212512008 53377 1410 - Accounts Receivables -SPLIT- 2,191.41 Payment 0310312008 1499 Undeposked i 1410 Accounts Receivables 1,26148 Invoice 0311112008 53409 1410 Accounts Rewivables -SPLIT- 1,851.79 Invoice 03/11/2008 53410 1410 - Accounts ROCelvables -SPLIT- 1,293.82 Payment 03117!2008 1499 , Undeposiled v 1410 Accounts Receivables 2,191.41 Invoice 03118!2008 53552 1410 Aawlls Receivables -SPLIT- 1.180,61 Payment 03122/2008 1499 Undeposited J 1410 Aoceunls Receivables 3,145.61 Imeice 03/2412008 53819 1410 Accounts Receivables SPLIT- 1,730.49 Payment n3t2712006 1499 Undepolaed 4 1410 • Accounts Receivables 1, Imel Invoice 0410112008 63896 1410 Accounts Receivables -SPLI r- 1,245.31 Payment 0410712000 1499 UndeponaW 1410 Acownte Receivabes 1.730,49 Invoice 04/08!2008 53834 HALLMARK PERM 1410 Accounts Receivables -SPLIT- 1.060.00 Payment 04/16!2008 1499 • Unldeposiled 1410 Acco its Receivables 1,245.31 Payment 07268008 1499 Untleposited v 1410 • Accourds Recevables 1,080.00 Invoke 10/28/2008 55998 1410 Accouclffi Receivables -SPLIT- 1,248.54 Invoice 1110412008 66065 1410 ACZWrd& Receivabes -SPLIT- 1,248,54 Invoice IIIT I2008 56129 1410 Albmmts Receivables -SPLIT- 1,246.54 Payment 1111712008 0002929 1499 Undellosited d 1410 Accounts Receivables 2,497,08 invoice 111182008 56213 1410 Accounts Receivables -SPLIT- 1,771.95 Payment 1112112008 0002951 1499 UndepoSW 4 1410 - Accounts Receivables 1.235.20 Invoiice 11/2412008 56281 1410 - Accounts Receivables -SPLIT- 1,248.54 Pape 3 o14 4:13 PIN 02!04110 Accrual Bale ABEL TEMPS Customer Open Balance All Transactions ?? Date ? ? Due Date O S l MANN REALTY - ? I wn a anco Amount Invoice 11/11/2008 56129 11121/2008 13.34 1 248 54 Invoice 120812008 56438 1211872006 1,459.23 , . 1 459 23 Invoice Invoi 12116/2008 56529 12/26!2008 1,470.94 , , 1.470.94 ce Invoice 1272212008 12/3(/2008 66816 56702 01/0W009 1,412.41 1,412.41 Invoice 01/062009 56776 01/0912009 819.35 819.35 Invoice 02)20/2009 FC 102 Finance Charge 01116/2009 02/20/2009 1,123.69 1,12169 Invoice 051t4/2009 FC 103 Finance Charge 05114/2009 .32 158.48 Invoice 0712112009 FC 104 Finance Char 9e 64 ? 40 225.32 Total MANN REALTY 225,40 ,40 _ 22 6.947.16 ` 8,182.36 TOTAL 6,947.16 8,18138 Page 1 of 1 VERIFICATION I, Deborah Abel, Owner of Abel Personnel, hereby acknowledge that I have the authority to execute this Verification on behalf of Abel Personnel in the within action, and verify that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information, and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Deborah Abel Abel Personnel 3356 Paxton Street Harrisburg, PA 17111 Pro Se Plaintiff Date: f J / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABEL PERSONNEL NO. 11-3025 Plaintiff VS. : CIVIL ACTION -LAW MANN REALTY, INC. Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Complaint upon Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of April, 2011, to: Mann Realty, Inc. 840 Market Street, Suite 164 Lemoyne, PA 17043 Deborah Abel Abel Personnel 3356 Paxton Street Harrisburg, PA 17111 Pro Se Plaintiff ABEL PERSONNEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MANN REALTY, INC., Defendant NO. 11-3025 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO COMPLAINT NOTICE TO PLEAD: TO: ABEL PERSONNEL AND DEBORAH ABEL, PRO SE PLAINTIFF C"') t,,, <:°f C, N) CD E. *rD C71 , C' YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Mann Realty, Inc., by and through counsel, James G. Gault, Esquire, who files the following Preliminary Objections to the Plaintiff's Complaint pursuant to Pa.R.C.P. 1028(a) stating as follows: On or about April 1, 2011, Plaintiff filed a Complaint against the Defendant seeking the total sum of $8,182.36 with respect to allegedly unpaid amounts due for "employment services." 2. Attached to Plaintiff's Complaint as Exhibit A is the "Customer Terms of Agreement" for the "final week" ending date of January 2, 2009; attached to Plaintiff's Complaint as Exhibit B is a "running tabulation of invoices" entitled as "Abel Temps Customer QuickReport" and "Abel Temps Customer Open Balance." 1 Plaintiff is identified in Paragraph #1 of the Complaint as "Abel Personnel" and "is located at 3356 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17111" - neither Paragraph #1 nor elsewhere in Plaintiff's Complaint is Abel Personnel further identified as a business corporation, a partnership, a joint venture, an unincorporated association, or as any other specific business or commercial entity. 4. Plaintiff s Complaint fails to explain or identify the relationship or association involving the named Plaintiff "Abel Personnel" vis-a-vis "Abel Temps" as listed on Exhibits A and B. 5. Plaintiff's Complaint was verified by Deborah Abel as "Owner of Abel Personnel" on April 1, 2011. 6. Paragraph #3 of Plaintiff's Complaint alleges that Defendant sought "employment services" from Plaintiff "in or around November 2008." 7. Although referenced in its Paragraph #3, the Complaint does not specify or further identify the "employment services" which would form the basis for the account stated theory of recovery as claimed by Plaintiff. Paragraph #4 of Plaintiff's Complaint avers that "Defendant signed the Customer Terms of Agreement" which is attached as Exhibit A. 9. Although referenced in its Paragraph #4, the Complaint does not specify or further identify the agent, employee, or other individual allegedly affiliated with the Defendant who signed Exhibit A, nor does it specify or further identify whether there are other "Customer Terms of Agreement" for other prior week ending dates, nor does it specify or further identify whether there is one or more than one employee at issue, all of which would relate to the basis for the account stated theory of recovery as set forth in Plaintiff's Complaint. 10. Paragraph #5 of Plaintiff's Complaint avers that Plaintiff provided the Defendant with invoices showing an alleged balance due each month as evidenced by "the running tabulation of invoices" attached as Exhibit B. 11. Although referenced in its Paragraph #5 and elsewhere, the Complaint does not specify or further identify the "necessary" "employment services" as same relate to "the running tabulation of invoices," nor does it otherwise explain or relate how the "Customer Terms of Agreement" for the final week ending January 2, 2009 for the employee designated on Exhibit A ("Joyce Shelburne") comprises the amount(s) reflected in Exhibit B. 12. Paragraph #6 of Plaintiff's Complaint avers that an account has been stated against the Defendant for the sum of $8,182.36; however, the Complaint does not aver that Defendant ever acquiesced, assented, and/or agreed to the account rendered, and, accordingly, for this reason and others, the complaint fails to plead properly any action based upon the theory of recovery upon an account stated. 13. Although seeking payment of amount(s) allegedly due for "employment services" sought from Plaintiff, the Complaint does not plead or aver the type, nature, quantity, individuals, locations, time periods, or otherwise specify or identify said "employment services" as same allegedly comprise the account stated for $8,182.36. 14. Paragraph #7 of Plaintiff's Complaint avers that Plaintiff has made "reasonable and repeated demands for payment"; however, the Complaint contains no further allegations as to the form, type, manner, time, place, or location of said repeated demands for payment. 1. MOTION TO DISMISS FOR INSUFFICIENT SPECIFICITY IN A PLEADING AS TO AN ACCOUNT STATED THEORY OF RECOVERY - Pa. R.C.P. 1028(a)(3). 15. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 16. Plaintiff's Complaint avers that the amounts are due under an account stated theory of recovery; however, the Complaint insufficiently pleads the requisite facts necessary to support said recovery. 17. Plaintiff's Complaint fails to plead sufficiently the nature or extent of the following elements of an account stated as delineated by Pennsylvania decisional law: (i) That the Defendant ever acquiesced, assented, or agreed to the account rendered for $8,182.36; (ii) That there was ever any acceptance of the account rendered or any account for $8,182.36; (iii) That there was a matured debt discharged by a manifestation of assent in good faith by debtor and creditor to a stated sum as an accurate computation of the amount of the matured debt or debts due the creditor, or that there were cross demands as the amount of the difference between 4 the total indebtedness due one party and the total indebtedness due the other party; (iv) That there was retention for an unreasonably long time by the Defendant of any statement of account rendered by Plaintiff, (v) That there was mutual assent to the correctness of the computation of for $8,182.36; (vi) That the account stated bound the parties inasmuch as the Defendant never repudiated same; (vii) That the account stated is not subject to impeachment for mistake or fraud; (viii) That the employment services which comprised the account stated were itemized with sufficient specificity; (ix) That the account stated is based on a subsisting debt; and/or, (x) That the performance of the Plaintiff and/or Plaintiff's personnel relative to the alleged account was satisfactory to the Defendant. 18. To the extent the Complaint purports to seek recovery of the alleged total amount due under an account stated theory of recovery, yet fails to aver with specificity the appropriate elements of such a theory or action, same is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(3). II. MOTION TO DISMISS FOR LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) - Pa. R.C.P. 1028(a)(4). 19. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 20. Plaintiff's Complaint seeks payment of a specified total amount under an account stated theory of recovery without asserting the necessary and requisite facts which would support the application of such a theory of recovery in this matter, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). 21. To the extent the Complaint is considered to be in the nature of a suit on a written or a parol contract, Plaintiff's Complaint does not aver the existence of any formal contract, agreement, or similar terms which constitute binding contractual obligations imputing contractual liability to the Defendant, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). 22. Plaintiff s Complaint fails to properly plead the identity of the Plaintiff as the named Plaintiff regarding its corporate status or origin, and otherwise fails to identify "Abel Personnel" vis-a-vis "Abel Temps" as listed on Exhibits A and B. 23. Therefore, Plaintiff s Complaint fails to set forth an appropriate theory of law upon which its demand for payment must be granted, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). III. MOTION TO DISMISS FOR FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT - Pa.R.C.P. 1028(a)(2). 24. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 6 25. To the extent that Plaintiff's Complaint seeks payment based upon any contractual theory of recovery, said Complaint does not specify if the Plaintiff s claim is based upon an oral agreement or a written agreement (see, Pa. R.C.P. 1019(h)), and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(2). 26. To the extent that Plaintiff s Complaint seeks payment based upon an account stated theory of recovery, said Complaint does not specify if the Plaintiff s claim is based upon an oral agreement or a written agreement (see, Pa. R.C.P. 1019(h)), and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(2). 27. To the extent the Complaint is considered to be based upon a written agreement, the complaint does not have attached thereto a copy of any contract, agreement, or similar writing which establishes the liability of the Defendant to the Plaintiff (see, Pa. R.C.P. 1019(i)), and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(2). WHEREFORE, the Defendant respectfully requests that this Honorable Court GRANT the instant Preliminary Objections and dismiss Plaintiffs Complaint with prejudice. Respectfully submitted, DATE: April 26, 2011 J ' es G. Gault, Esquire Pa. Supreme Ct. ID #: 49687 840 Market Street - Suite 153 Lemoyne, PA 17043 (717) 350-0328 jggault@comcast.net Attorney for Defendant Mann Realty, Inc. VTRIFICATION I, Robert M. Mumma, II, Def mdant, do hereby verify that any stets of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to twsworn. falsification to authorities. ION, obert M. Mumma,11 CERTIFICATE OF SERVICE I hereby certify that on April 26, 2011, I caused to be served a true and correct copy of the foregoing Preliminary Objections to Complaint by U.S. Mail, first class, postage prepaid, addressed to: Deborah Abel -pro se c/o Abel Personnel 3356 Paxton Street Harrisburg, PA 17111 Jam`s G. Gault, Esquir Attdrney for Defendant Mann Realty, Inc. ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. MANN REALTY, INC., a/k/a, MANN REALTY ASSOCIATES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 --- MW ? ? z;Z:, cn ? CIVIL ACTION - LAW ? rv -a PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT NOTICE TO PLEAD: TO: ABEL PERSONNEL AND STEVEN M. WILLIAMS, ESQ. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Mann Realty, Inc., a/k/a, Mann Realty Associates, Inc., by and r- -?oM o' 4CD through counsel, James G. Gault, Esquire, who files the following Preliminary Objections to the Plaintiff's Amended Complaint pursuant to Pa.R.C.P. 1028(a) stating as follows: 1. On or about April 1, 2011, Plaintiff filed a pro se Complaint against the Defendant seeking the total sum of $8,182.36 with respect to allegedly unpaid amounts due for "employment services." Defendant filed preliminary objections to the Complaint on April 26, 2011. Plaintiff's counsel entered their appearance on May 9, 2011; Plaintiff filed an Amended Complaint on May 12, 2011 seeking the total sum of $7,204.20 plus interest, costs, and counsel fees. 1 2. Plaintiff's Amended Complaint refers to multiple "Time Sheets" regarding Abel's employee candidate named "Joyce Shelburne;" it further refers to multiple "Invoices" that it issued relative to an eleven week period encompassing 10-28-2008 to 01-06-2009. 3. Plaintiff's Amended Complaint avers that there was a breach of contract for an account has been stated against the Defendant for the sum of $6,298.96; however, the Complaint does not aver that Defendant ever acquiesced, assented, and/or agreed to the account rendered, and, accordingly, for this reason and others, the Amended Complaint is legally insufficient. 4. Plaintiff's Amended Complaint is factually insufficient to the extent that if fails to plead any averments regarding Joyce Shelburne's departure on or about the week of 01-06-2009 after the Defendant had expended considerable time, effort, and expense in providing training and other instruction to Ms. Shelburne. Plaintiffs Amended Complaint is factually insufficient regarding the fulfillment of its obligations to Defendant regarding any alleged terms of the "temporary-to-permanent basis" associated with Ms. Shelburne, especially in light of her departure after said training and instruction. 1. MOTION TO DISMISS FOR INSUFFICIENT SPECIFICITY IN A PLEADING UNDER Pa. R.C.P.1028(a)(3). 5. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 6. Plaintiff has insufficiently plead the necessary facts pertaining to its obligations to the Defendant with respect to the cessation of the alleged "temporary-to-permanent basis" placement of Ms. Shelburne after an eleven week period of training and instruction. 2 7. Plaintiff s Amended Complaint avers that the amount of $6,298.96 is due for a breach of contract of an account stated; however, the Amended Complaint insufficiently pleads the requisite facts necessary to support said recovery as delineated by Pennsylvania decisional law: (i) That the Defendant ever acquiesced, assented, or agreed to the account rendered for $6,298.96; (ii) That there was ever any acceptance of the account rendered or any account for $6,298.96; (iii) That there was a matured debt discharged by a manifestation of assent in good faith by debtor and creditor to a stated sum as an accurate computation of the amount of the matured debt or debts due the creditor, or that there were cross demands as the amount of the difference between the total indebtedness due one party and the total indebtedness due the other party; (iv) That there was mutual assent to the correctness of the computation of for $6,298.96; (v) That the account stated bound the parties inasmuch as the Defendant never repudiated same, especially regarding the circumstances on or about the week of 01-06-2009; and/or, (vi) That the account stated is not subject to impeachment for fraud. 8. To the extent the Amended Complaint purports to seek recovery of the alleged total amount due under a breach of contract for an account stated, yet fails to aver with specificity the 3 appropriate elements of such a theory or action, same is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(3). II. MOTION TO DISMISS FOR LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) UNDER Pa. R.C.P.1028(a)(4). 9. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 10. Plaintiff's Amended Complaint seeks payment of a specified total amount under an account stated without asserting the necessary and requisite facts which would support the application of such a theory of recovery in this matter, and, as such, is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(4). III. MOTION TO DISMISS FOR NONJOINDER OF A NECESSARY PARTY UNDER Pa.R.C.P.1028(a)(5). 11. The Defendant hereby incorporates all preceding paragraphs of the instant Preliminary Objections as though fully set forth at length herein. 12. To the extent that Plaintiff's Amended Complaint states that recovery for the stated sum is premised upon the placement of Ms. Shelburne, and given that her presence in this matter, while not indispensable, is essential for the court to resolve this controversy completely and to render complete relief, Ms. Shelburne is a necessary party under the rules and the decisional law. 4 13. To the extent that Plaintiff's Amended Complaint purports to seek recovery of the alleged total amount due under an account stated for Ms. Shelburne, yet fails to join her in this matter, same is legally objectionable by way of preliminary objection pursuant to Pa. R.C.P. 1028(a)(5). WHEREFORE, the Defendant respectfully requests that this Honorable Court GRANT the instant Preliminary Objections and dismiss Plaintiff's Amended Complaint with prejudice. DATE: June 2, 2011 Respectfully submitted 4sJ G. Gault, Esquire Pa. Supreme Ct. ID #: 49687 840 Market Street - Suite 153 Lemoyne, PA 17043 (717) 350-0328 jggault@comcast.net Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on June 2, 2011, I caused to be served a true and correct copy of the foregoing Preliminary Objections to Amended Complaint by U.S. Mail, first class, postage prepaid, addressed to: Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall 240 North Third Street - 7th Floor Harrisburg, PA 17101 Attorney for Plaintiff 4s es G. Gault, Esq ' •e Attorney for Defendant 0? P PRAECIPE FOR LIST IN CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff vs. MANN REALTY, INC., a/k/a, MANN REALTY ASSOCIATES, INC., Defendant C'7 w (List th ithi tt f h ?' C? ..t.1 e w n ma er or t Rexi .! r nW c ---------------------------------- .. x-%I rrtF r--x > O Ss --4c:) S.-n -n D? 4 --gym No. 11-3025 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Obiections to Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Steven M. Williams, Cohen Seglias Pallas Greenhall & Furman, P.C. (Name and Address) 240 North Third Street, 7th Floor, Harrisburg, PA 17101 (b) for defendants: James G. Gault (Name and Address) 840 Market Street, Suite 153, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Yes 4. Argument Court Date: July 15, 2011 Signature 4 Steven M. Williams, PA I.D. # 62051 Print your name Plaintiff Date: Attorney for N r' INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. r CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class mail, postage prepaid this day to the following: James G. Gault, Esquire 840 Market Street Suite 153 Lemoyne, PA 17043 Attorney for Defendant Date: jt1l /( Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: fem. Alison A. Zortman egal Assistant 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1316368-v1 02101-0003 ciLED-Or F ICE 6," 1 tL PROTHONOTARY 4PJ 1 I JuNi 15 AM 40: 5 9 C111,93ERLAND COUNTY PENNSYLVANIA COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff v: MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC. , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Plaintiff, Abel Personnel, Inc., t/a Abel Temps, by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and files this Answer to Defendant's Preliminary Objections, stating the following: 1. Admitted in part and denied in part. It is admitted that the referenced pleadings were filed on or about the dates alleged. The pleadings are written documents that speak for themselves, however, and Defendant's allegations regarding them are specifically denied to the extent not wholly consistent therewith, and proof is demanded. 2. Admitted in part and denied in part. The Amended Complaint is a written document that speaks for itself, and Defendant's allegations regarding it are specifically denied to the extent not wholly consistent therewith, and proof is demanded. 3. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiff's Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. 4. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer the facts alleged by Defendant are irrelevant to Plaintiff s breach of contract claim asserted in this case. 1. Motion to Dismiss For Insufficient Specificity in a Pleading Under Pa R C P 1028(a)(3) 5. Paragraphs 1 through 4 hereof are incorporated herein by references as if fully set forth. 6. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer the facts alluded to by Defendant are irrelevant to Plaintiff's breach of contract claim asserted in this case. 2 7. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiff s Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. 8. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiff s Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. WHEREFORE, Plaintiff, Abel Personnel, Inc., tla Abel Temps, respectfully requests that this Honorable Court overrule Defendant's Preliminary Objection, order Defendant to file an Answer to the Amended Complaint, and grant such other relief as this Court deems just and appropriate. In the alternative, and without admitting that any deficiencies exist in Plaintiff's Amended Complaint, if this Court is inclined to sustain Defendant's Preliminary Objection, Plaintiff requests the right to file a Second Amended Complaint to cure whatever deficiencies this Court finds with Plaintiff s Amended Complaint. II. Motion to Dismiss For Leizal Insufficiency of a Pleading (Demurrer) Under Pa.R.C.P. 1028(a)(4) 9. Paragraphs 1 through 8 hereof are incorporated herein by reference as if fully set forth. 10. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiff s Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. WHEREFORE, Plaintiff, Abel Personnel, Inc., t/a Abel Temps, respectfully requests that this Honorable Court overrule Defendant's Preliminary Objection, order Defendant to file an Answer to the Amended Complaint, and grant such other relief as this Court deems just and appropriate. In the alternative, and without admitting that any deficiencies exist in Plaintiff s Amended Complaint, if this Court is inclined to sustain Defendant's Preliminary Objection, Plaintiff requests the right to file a Second Amended Complaint to cure whatever deficiencies this Court finds with Plaintiff s Amended Complaint. III. Motion to Dismiss For Non-Joinder of a Necessary Party Under Pa R C P 1028(a)(5) 11. Paragraphs 1 through 10 hereof are incorporated herein by reference as if fully set forth. 12. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiffs Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. Furthermore, Ms. Shelburne is not a necessary party and is not required to be joined in this case. 4 13. Denied. This paragraph states conclusions of law to which no answer is required. To the extent that this Court deems an answer is required, this paragraph is specifically denied, and proof is demanded. By way of further answer, contrary to Defendant's contention, Plaintiff's Amended Complaint alleges a simple breach of contract claim; it does not expressly, impliedly or otherwise allege an account stated or a claim for an account stated. Furthermore, Ms. Shelburne is not a necessary party and is not required to be joined in this case. WHEREFORE, Plaintiff, Abel Personnel, Inc., t/a Abel Temps, respectfully requests that this Honorable Court overrule Defendant's Preliminary Objection, order Defendant to file an Answer to the Amended Complaint, and grant such other relief as this Court deems just and appropriate. In the alternative, and without admitting that any deficiencies exist in Plaintiff's Amended Complaint, if this Court is inclined to sustain Defendant's Preliminary Objection, Plaintiff requests the right to file a Second Amended Complaint to cure whatever deficiencies this Court finds with Plaintiff's Amended Complaint. Date: ? ? ? &'I 11 Respectfully submitted, COHEN SEGLIA,"ALLAS GREENHALL & FURMAN, C. By: Steven M. Williams, PA I.D. # 62051 silliams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 5 VERIFICATION I have read the foregoing Answer and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Abel Personnel Inc., t/a Abel Temps Date: B Deborah Abel CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer was sent by first class mail, postage prepaid this day to the following: James G. Gault, Esquire 840 Market Street Suite 153 Lemoyne, PA 17043 Attorney for Defendant Date: 61'11-l l Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Alison A. o man, Le Assistant 240 North Third Street, to Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff # 1315382-v 1 02101-0003 ABEL PERSONNEL, INC., t/a ABEL C-} r C.", IN THE COURT OF COMMON AE))Lg! Ol? TEMPS, CUMBERLAND COUNTY, PfW&*VA1A Plaintiff v. rte- G7 E_. NO. 11-3025n =a' MANN REALTY, INC., a/k/a, MANN 5.-= c7IiT, REALTY ASSOCIATES, INC., --;+ -- xn Defendant CIVIL ACTION - LAW MOTION OF JAMES G. GAULT, ESQUIRE FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT MANN REALTY ASSOCIATES, INC Attorney James G. Gault, counsel of record for Defendant Mann Realty Associates, Inc., hereby moves this Honorable Court for leave to withdraw as counsel for the Defendant, and in support of said Motion avers as follows: On November 7, 2007, the undersigned counsel was retained by Robert M. Mumma, II ("Mumma") on an hourly basis to perform various legal research and legal writing projects. Mumma is the president and owner of Defendant Mann Realty Associates, Inc. Said legal work was performed in different office suites located at 840 Market St., Lemoyne, Pennsylvania. 2. Over the ensuing months and years, Mumma requested the undersigned counsel to represent his interests or the interests of his companies and/or entities in a variety of legal matters before county, state, and federal courts. Said legal work included representation of the Defendant Mann Realty Associates, Inc. 1 In a letter dated September 25, 2010 sent to Mumma, the undersigned counsel indicated that he had recently undergone cardio-vascular assessment and testing secondary to an ongoing and sustained increase in work-related stress, anxiety, and tension. Said letter further advised that the treating cardiologist had recommended a reduction in work hours and other proactive measures to reduce exposure to work-related stress. Although the initial plan was to institute a 3.5 day work week, work demands and ever-present court filing deadlines often required working in excess of 3.5 days per week. (A copy of said letter will be made available to the Court for in camera review if so directed). 4. In a letter dated May 2, 2011 sent to Mumma, the undersigned counsel indicated that he would be relocating to Maryland secondary to upcoming wedding nuptials and that his last day to report to the Lemoyne office would be September 2, 2011, thereby providing Mumma with a four (4) month advance notice regarding the retention of successor counsel. However, said letter specified that the undersigned counsel reserved the right to adjust the departure date for an earlier cessation of work as dependent on the following two factors: (#1) if he was not paid timely or regularly, or (42) if he was subjected to further intolerable work demands or conditions, including both professional working relationships and inter-personal relationships. (A copy of said letter will be made available to the Court for in camera review if so directed). 5. With respect to factor #1 of the two factors delineated above in Paragraph 4, the undersigned counsel is currently owed in excess of $8,000 for legal services provided to Mumma; in the context of this written Motion, professional considerations weigh against the disclosure of any more specific details concerning Factor #2. 6. In a letter dated May 1. 8, 2011 authored by the undersigned counsel's treating cardiologist, Dr. Keith Rice of Moffitt Heart and Vascular Group in Wormleysburg, Pennsylvania, Dr. Rice stated that all of the undersigned counsel's cardiac complaints and symptoms "are stress related and secondary to his job." Dr. Rice further states therein that he suspects the symptoms will improve when the undersigned counsel leaves the area in September and looks for a new job. (A copy of said medical report will be made available to the Court for in camera review if so directed). 7. During the first part of July 2011, when it became self-evident that the two factors delineated above in Paragraph 4 would not be honored by Mumma, the undersigned counsel consulted and retained an ethics law specialist in Harrisburg, Pennsylvania for professional legal guidance on the appropriate manner to extricate himself from the situation in accordance with the Rules of Professional Conduct. That guidance plan was followed for all pending projects and all court filings due in county, state, and federal courts during the week of July 11, 2011. 8. In an email sent by Mumma on July 12, 2011 at 11:45 a.m., the undersigned counsel was advised by Mumma to return all files to the Lemoyne office. 9. In an email sent by Mumma on July 14, 2011 at 5:52 p.m., the undersigned counsel was advised by Mumma that he was no longer authorized to enter the office building located at 840 Market St., Lemoyne, Pennsylvania or to in anyway access the office computers. 10. In an email sent by Mumma on July 15, 2011 at 7:45 a.m., the undersigned counsel was advised by Mumma that he had hired replacement counsel. The identity of said counsel was not further disclosed by Mumma. 3 11. Pursuant to Rule of Professional Conduct 1.16(a)(2), a lawyer "shall withdraw from the representation of a client if- .... the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client." (emphasis added). As confirmed by the undersigned counsel's treating cardiologist, the cardio-vascular symptoms are related to the representation. 12. Pursuant to Rule of Professional Conduct 1.16(a)(3), a lawyer "shall withdraw from the representation of a client if:... the lawyer is discharged." (emphasis added). As confirmed by Mumma's emails, the undersigned counsel has been discharged or constructively discharged from the representation. 13. Pursuant to Rule of Professional Conduct 1.16(b), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or, (7) other good cause for withdrawal exists. 14. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3) requiring mandatory withdrawal and pursuant to Rules of Professional Conduct 1.16(a)(1), (5), (6), and (7) allowing permissive withdrawal, and for all the reasons set forth herein, the undersigned counsel cannot continue to represent Defendant Mann Realty Associates, Inc. in this matter. 4 15. Concurrence from opposing counsel is not necessary in light of the mandatory withdrawal obligations set forth in Rule of Professional Conduct 1.16(a). 16. As reflected by the attached Certificate of Service, a copy of the foregoing Motion has been served upon opposing counsel and upon the Defendant Mann Realty Associates, Inc. 17. No hearing or argument is requested, and discovery is not necessary. 18. With respect to a matter listed for Argument Court on July 15, 2011, the above-captioned action was assigned to Judge Masland. WHEREFORE, the undersigned counsel respectfully requests leave of Court to withdraw as counsel for the Defendant Mann Realty Associates, Inc. DATE: July 19, 2011 Jam G. Gault, Esquire PA t preme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net 5 VERIFICATION I, James G. Gault, Esquire, the Movant, verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. DATE: July 19, 2011 Jams G. Gault, Esquire PA Supreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 j ggault@comcast.net 6 CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, James G. Gault, Esquire, the Movant, have not sought to obtain the concurrence of opposing counsel, nor ascertain the non-concurrence of opposing counsel, insofar as concurrence and/or non-concurrence from opposing counsel is not necessary in light of the mandatory withdrawal obligations set forth in Rule of Professional Conduct 1.16(a). DATE: July 19, 2011 17 . Gault, Esq ire Jameppr PAS e me Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 j ggault@comcast.net CERTIFICATE OF SERVICE I, James G. Gault, Esquire, do hereby certify that I served a copy of the foregoing Motion this date by U.S. Mail, first class, postage prepaid, addressed to: Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall 240 North 3`d St. - 7U' Floor Harrisburg, PA 17101 Counsel for Plaintiff Mann Realty Associates, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant 41, DATE: July 19, 2011 ' Jam G. Gault, Es wire PA tupreme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (717) 350-0328 jggault@comcast.net 8 s ABEL PERSONNEL, INC., t/a ABEL IN THE COURT OF COMMON PLEAS OF TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-3025 MANN REALTY, INC., a/k/a, MANN'_ REALTY ASSOCIATES, INC.,'m M M "n F Defendant CIVIL ACTION - LAW ;0 -nom C-; 7 ORDER -? AND NOW, this day of ??1/t / , 2011, upon consideration of the Motion of James G. Gault, Esquire for Leave to Withdraw as Counsel for Defendant Mann Realty Associates, Inc., the Motion is GRANTED. Among other reasons and for other good cause, said Motion is granted pursuant to the mandatory withdrawal provisions of Rule of Professional Conduct 1.16(a). Defendant Mann Realty Associates, Inc. shall notify the Court and opposing counsel within A days as to the identity of successor counsel. B E T, Distribution: ? James G. Gault, Esquire 503 Magaro Rd. Enola, PA 17025 ? Mann Realty Associates, Inc. c/o Robert M. Mumma, II 840 Market Street Lemoyne, PA 17043 Defendant .? Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall 240 North 3rd St. - 7' Floor Harrisburg, PA 17101 Counsel for Plaintiff CDoe-$ Ma,6d ABEL PERSONNEL, INC., t/a ABEL TEMPS, PLAINTIFF V. MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-3025 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW, this ORDER OF COURT f day of July, 2011, upon consideration of Defendant's preliminary objections and the briefs submitted in lieu of argument, IT IS ORDERED AND DIRECTED that all of Defendant's preliminary objections are DISMISSED. Defendant is given twenty (20) days from the date of this order to file an answer to Plaintiffs complaint. By the Court, Albert H. MasIan , J. , - - =M ° r= Steven M. Williams, Esquire For Plaintiffs < > ° ies < C3 James G. Gault, Esquire y?l?( For Defendant :saa ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. MANN REALTY, INC.,, a/k/a MANN REALTY ASSOCIATES, INC. ENTRY OF APPEARANCE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 CIVIL TERM JUDGE MASLAND rn rn Q) MIN C_.} Kindly enter my appearance on behalf of Defendant, Mann Realty, Inc. in the above- ?ohn 5020 Ritter Road State 104 Mechanicsburg, PA 17055 PRONE: 717.766.4008 FAx: 717.766.4066 captioned matter. Dated: August 5, 2011 Respectfully submitted, aw;?? Joh M. Kerr, Esquire Attorney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individual in the manner indicated: First Class Mail, Postage Prepaid Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall 240 North 3rd St. - 7th Floor Harrisburg, PA 17101 ?f,)# e??, . Jo n M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 8, 2011 Y_.", r,,Y,,,,, Est 5020 Ritter Road Suite 104 MechaNCSburg, PA 17055 Pr10NH: 717.766.4008 FAx: 717.766.4066 OF TH E PROTHONO BAR; 2011 AUG 29 AM g: p 1 CUMBERLAND COUNTY PENNSYLVANIA ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. MANN REALTY, INC.,, a/k/a MANN REALTY ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 CIVIL TERM JUDGE MASLAND DEFENDANT'S ANSWER TO AMENDED COMPLAINT AND NOW, comes Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. (hereinafter, ?ohn Kerr l' PC 5020 Potter Road Suite 104 Mechan iCSbUrg, PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 "Mann"), by its counsel, John M. Kerr, Esquire and files the within Answer To Amended Complaint, the nature of which is as follows: 1. ADMITTED. 2. ADMITTED. 3. DENIED. The allegation contained at paragraph 3 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED in part and DENIED in part. It is admitted that Mann contacted Abel for the purpose of finding a bookkeeper. Defendant lacks sufficient information to form a belief as to the truth of the averment as to the date of this contact and, accordingly, denies the same. Strict proof is required at time of trial. 8. ADMITTED in part and DENIED in part. It is admitted that Mann had previously utilized Abel prior to the incident forming the basis of the alleged cause of action. Since Abel has not defined what it means by its "business practices," Mann denies that portion of the averment. 9. ADMITTED in part and DENIED in part. It is admitted that Abel forwarded resumes for Mann's consideration. Mann is unable to state whether those resumes were sent on September 24 and October 2, 2008. 10. DENIED.. The document appended to the Amended Complaint as Exhibit "A" is a writing which speaks for itself. Any attempt to characterize its contents is expressly denied. By way of further answer, Mann lacks sufficient information to form a belief as to whether it ever received said clerical staffing policy and, accordingly, denies the same. 11. DENIED. Said "TTP Policy" is a writing which speaks for itself. Any attempt to characterize its contents is expressly denied. 12. ADMITTED in part and DENIED in part. Candidate Joyce Shelburne was not one of the candidates first presented to Defendant. In fact, this individual was a personal friend of one of the principals of Plaintiff, who asked if Defendant would interview her. She was ultimately chosen for the position with the understanding that she would become a permanent employee if found acceptable to Defendant. 13. ADMITTED. 14. DENIED. Defendant lacks sufficient information as to the exact amount agreed upon ohn err air, PC 0 5020 Ritter Road Suite 104 MecharUCSburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 and, accordingly, denies the same. Strict proof is demanded at time of trial. 15. ADMITTED in part and DENIED in part. It is admitted that Shelburne continued on a TTP basis while she was being trained as a bookkeeper. It is denied that Defendant intended her to remain as such. 16. DENIED. The document appended to the Amended Complaint as Exhibit "B" is a writing Y"""' rrr aw. FC: 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Prtoree: 717.766.4008 FAx: 717.766.4066 which speaks for itself. Any attempt to describe its content is expressly denied. 17. DENIED. The documents appended to the Amended Complaint as Exhibit "C" are writings which speak for themselves. Any attempt to characterize their content is expressly denied. 18. DENIED. The documents appended to the Amended Complaint as Exhibit "C" are writings which speak for themselves. Any attempt to characterize their content is expressly denied. 19. DENIED. The documents appended to the Amended Complaint as Exhibit "C" are writings which speak for themselves. Any attempt to characterize their content is expressly denied. 20. ADMITTED in part and DENIED in part. It is admitted that various invoices were issued to Defendant. It is denied that Defendant is liable for the full amount of the invoices. 21. ADMITTED. 22. DENIED. It was apparent to Defendant that the provision of bookkeeper Shelburne was not in good faith. Rather than accepting a permanent position after Mann had spent resources to train her, she accepted other employment. Inasmuch as she was a friend of the principal of Plaintiff, Mann was used as a training ground and, consequently, Plaintiff should not be equitably entitled to anything more than the sum it paid its employee. 23. ADMITTED, only that Mann may have paid certain invoices before it became aware that it had been used by Plaintiff, who did not furnish this employee in good faith. 24. ADMITTED. 25. ADMITTED. 26. DENIED. The allegation at paragraph 26 of the Amended Complaint represents a Y1.1 n rerrY. w°. PC 5020 Rttter Road State 104 Mechanicsburg, PA 17055 Ptiom: 717.766.4008 FAx: 717.766.4066 conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 27. DENIED. The allegation contained at paragraph 27 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 28. DENIED. The allegation contained at paragraph 28 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 29. DENIED. The allegation contained at paragraph 29 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 30. DENIED. Defendant incorporates by reference, as if fully set forth in its entirety, its answer to paragraph 22 of the Amended Complaint. 31. DENIED. The allegation contained at paragraph 31 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 32. DENIED. The allegation contained at paragraph 32 of the Amended Complaint represents a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 33. DENIED. Defendant lacks sufficient information to form a belief as to the truth of the allegation contained at paragraph 33 of the Amended Complaint and, accordingly, denies the same. Strict proof is demanded at time of trial. 34. DENIED. The allegation contained at paragraph 34 of the Amended Complaint represents a conclusion of law, to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that the Court dismiss the Amended Complaint, with prejudice. Respectfully submitted, U. * Kam.' Jo0h M. Kerr, Esquire Attorney I.D. #26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 29, 2011 ?ohn err aw. PC 5020 Ritter Road State 104 MechandcSbOr$, PA 17055 Prom: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, John M. Kerr, Esquire, hereby states that he is counsel to Defendant Mann Realty and is aware of Defendant's position in the foregoing matter and, consequently, can state that any factual statements in the preceding Answer To Amended Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. John M. Kerr, Esquire CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant's Answer To Amended Complaint," on the below-named individual in the manner indicated: First Class Mail Postase Prepaid Steven M. Williams, Esquire Cohen Seglias Pallas Greenhall 240 North 3rd St. - 7th Floor Harrisburg, PA 17101 VW, W, ?gw Jo n M. Kerr, Esquire 5 20 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: August 8, 2011 Yn, _,- 1 ? Y, " _"P c 5020 Ritter Road Suite 104 Mechanicsburg. PA 17055 FN-tow 717.766.4008 FAx: 717.766.4066 1 ~ „ _I.., iDF i' iL;•~ "'T i'y T"t ~ IUi9' C : s- !_S r n,r r e fe! . fi 4 tJ{ r1~ i COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL . IN THE COURT OF COMMON PLEAS TEMPS, . CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff . v. . . NO.11-3025 MANN REALTY, INC., a/k/a MANN . REALTY ASSOCIATES, INC. . Defendant . CIVIL ACTION - LAW Motion to Compel Answers to Discoverv Requests AND NOW, comes Plaintiff, Abel Personnel, Inc., t/a Abel Temps ("Abel"), by and through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and hereby files this Motion to Compel Answers to Discovery Requests seeking an appropriate Order against the Defendant, Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. ("Mann"), pursuant to Pennsylvania Rule of Civil Procedure 4019, and in support thereof avers as follows: , f 1. Pursuant to Cumberland County Local Rule 208.3(a)(2), the Honorable Judge Albert H. Masland has ruled on other issues in this case. 2. Abel's Amended Complaint was filed in this case on May 13, 2011. 3. Mann filed Preliminary Objections to the Amended Complaint, which this Court dismissed by Order dated July 25, 2011. 4. On August 31, 2011, Abel served on Mann its First Set of Interrogatories and Request for Production of Documents ("Discovery Requests"), true and correct copies of which (together with the transmittal letter) are attached hereto as Exhibit A and are incorporated herein by reference. 5. Mann's answers to the Discovery Requests were due by September 30, 2011. 6. As of October 13, 2011, and despite the passage of the answer deadline, Mann had still not served its answers to the Discovery Requests. 7. By letter dated, and sent via email and first class mail on, October 13, 2011 to Mann's attorney, John M. Kerr, Abel's attorney demanded that Mann serve its answers to the Discovery Requests "immediately to prevent the necessity of Court intervention and the resulting costs on" Mann. True and correct copies of said letter and email transmittal are attached hereto as Exhibit B and are incorporated herein by reference. 8. On October 19, 2011, after receiving no response to the said October 13, 2011 letter/email, Abel's attorney sent another email to Mann's attorney again inquiring about Mann's answers to the Discovery Requests that were overdue. 9. Mann's attorney responded on the same day to the October 19 email asking for an extension until November 7 within which to serve Mann's answers to the Discovery Requests. By return email on October 19, 2011, Abel's attorney granted an extension until November 7, 2011. True and correct copies of the October 19 emails are attached hereto as Exhibit C and are incorporated herein by reference. 10. Notwithstanding the extension, Mann did not serve its answers to the Discovery Requests on November 7, 2011. 11. By email on November 8, 2011, Abel's attorney again inquired about Mann's answers to the Discovery Requests that were again overdue. 12. In response, on November 9, 2011, Mann's attorney sought an additional one week extension, saying that he had "just delivered" the Discovery Requests to Mann. By return email, Abel's attorney notified Mann's attorney that Abel was not willing to grant another extension and intended to proceed with a motion to compel. A true and correct copy of the email exchange regarding Mann's request for an additional extension is attached hereto as Exhibit D and is incorporated herein by reference. 13. Mann was given more than ample time to respond to Abel's Discovery Request (over 70 days), and as of the date of this Motion, Mann has not served its answers to Abel's Discovery Requests, nor has Mann served objections of any kind to the Discovery Requests. 14. The Pennsylvania Rules of Civil Procedure 4006 and 4009.12 provide that answers to interrogatories and requests for production of documents shall be answered within thirty (30) days after service of them. 15. The issues in this case are not complicated, the Discovery Requests are not overly burdensome, and the Discovery Requests do not ask for information that is not, or should not be, readily accessible to Mann. , t 16. Pennsylvania Rule of Civil Procedure 4019(a)(1)(i) and (vii) provides that the Court may, on motion, make an appropriate order if a party fails to serve responses to interrogatories and requests for production of documents. 17. Pennsylvania Rule of Civil Procedure 4019(c)(5) provides that the Court, when acting under subdivision (a), may make such order with regard to the failure to make discovery as is just. 18. As a result of Mann's unexcused failure to serve answers to Abel's Discovery Requests, which has unnecessarily delayed this case, Abel has incurred attorney's fees that it would not have had to incur if Mann had complied with its obligations under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Abel Personnel, Inc., t/a Abel Temps, respectfully requests that this Honorable Court enter an Order compelling Defendant, Mann Realty, Inc., alk/a Mann Realty Associates, Inc. to serve upon Plaintiff's attorney, its full and complete answers to the Discovery Requests within ten (10) days, order Defendant to pay Plaintiff's attorney's fees incurred in connection with Defendant's failure to timely answer the Discovery Request, in an amount to be determined by the Court, and grant such other relief as this Court deems just and appropriate. 1 ' Respectfully Su ' ed, Cohen Seg ' Pallas G nhall & Furman, PC Date: November 10, 2011 By: Steven M. Williams, PA I.D. #62051 swilliams@cohenseglias.com 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ~ EXHIBIT A ? ~ Steven M. Williams Attorney At Law COHEN SEGLIAS PALLAS GREENHALL&FURIVIAN PC 240 North Third Street, 7th Floor Harrisburg, PA 17101 T: 717.234.5530 I F: 717.307.3427 swiiliamsCa?cohenseglias.com August 31, 2011 www.cohenseglias.com John M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Re: Abel Personnel, Inc. et. al. v. Mann ReaITy, Inc. et. al. No.: 11-3025 Dear John: Enclosed for service upon is you are Abel Personnel, .'s First Set of Interrogatories and Request for Production of Documents regarding the abov r erenced case. Very yours, teven M. Williams /aaz Enclosures Philadelphia l Pittsburgh I Wilmington I Harrisburg #1393801-v1 02101-0003 Maryland I New Jersey I West Virginia COHEN SEGL[AS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire [dentification No: 62051 swi(liams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717)234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL . IN THE COURT OF COMMON PLEAS TEMPS, . CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff . v. . NO.11-3025 MANN REALTY, INC., a/it/a MANN . REALTY ASSOCIATES, INC. . Defendant . CIVIL ACTION - LAW PLAINTIFF'S FIRST SET OF INTERROGATORIES ADDRESSED TO DEFENDANT To: Defendant, Mann Realty, Inc., a/k/a Mann Realty Associates, Inc., c/o John M. Kerr, Esquire, John Kerr Law, P.C., 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055, Attorney for Defendant Pursuant to Pennsylvania Rules of Civil Procedure 4001, et. seg., Plaintiff, Abel Personnel, Inc., t/a Abel Temps, by its attorneys, Cohen Seglias Pallas Greenhall & Furman, PC, serves, and requests Defendant to answer under oath, the following Interrogatories. You shall answer the following Interrogatories separately and fully in writing and shall include all information known or available to you, including but not limited to, information known or available to your attorneys, consultants, agents and representatives. If there is insufficient space to answer an Interrogatory, you shall put the remainder of the Answer on a s y supplemental sheet. Your Answers shall be verified by you and shall be served on Plaintiff within thirty (30) days from the date hereo£ These Interrogatories are to be deemed continuing so as to require supplemental answers if you obtain further information after your answers are served upon Plaintiff. If the information requested in an Interrogatory is wholly or partly contained in documents, you may answer the Interrogatory by attaching a copy of the documents to your answers to these Interrogatories to the extent that the documents contain the requested information. If you have any objections to any Interrogatory, you shall identify fully the substance of, and the legal authority for, the objections and provide sufficient information to substantiate the obJ'ections. Definitions l. "Document" is used in the broadest sense of the word and means all written, printed, typed, recorded, electronic, or graphic matter, including originals, copies, and drafts, however produced or reproduced, of every kind, nature, and description, including, but not limited to, conespondence, telegrams, faxed communications, notes and any other written and/or electronically transmitted communications; notes of oral communications, telephone conversations, meetings or other notes recording any information, discussion, directives, questions or conversations; calendars, appointment books, logs, diaries, notebooks or similar materials; investigative files and related materials; contracts or agreements; memoranda; reports; studies; recordings, films, photographs, video materials, charts or other visual materials; computer print-outs or media; tapes or cassettes; analyses; projections; work papers; orders, 2 ~ k work orders, change orders, extra work orders, additional work orders and account orders and related documents; invoices, telephone messages; e-mail; computer disks; computer assisted drawing files; digital files; digital voice mail messages; compilations of data or information; plans, drawings and specifications; test results; or other materials from which data or information can be obtained. 2. The words "written communications" shall include all letters, memoranda, emails, notes, and all other means of communicating that are in any other paper or electronic format. 3. As used herein, the terms "relates to" or "related to" means relating to, referring to, pertaining to, consisting of, reflecting, evidencing, concerning or in any way logically or factually connected with the matter discussed. 4. "Person" or "entity" includes, but is not limited to, an individual, a limited partnership, a corporation or other business association, or government agency or entity, or any i other entity. All references to "person" in the singular number includes the plural number and vice versa. 5. "Statement" means any oral communication, whether ar not made in the presence of another person, in a telephone conversation, or in any other context, and regardless of whether it has been reduced to writing or otherwise recorded or referred to in any document. 6. "Identify" when used with respect to an individual includes providing the following information: a. the individual's full name; b. the individual's present or last known home and business addresses; c. the individual's home and business telephone numbers; 3 . + d. the identity of the individual's employer or employers at the time of the matter inquired into and the individual's position at that time; and e. the identity of the present employer of the individual and the position now held by the individual. 7. "Identify" or "identity" when referring to an entity such as a corporation, partnership, firm or other organization includes providing the following information: a. the full name of the entity; b. the entity's present or last known address; c. the full name and business address of the entity at the time of the matter inquired into; and d. the type of business conducted by the entity. 8. "Identify" or "identity" when used with respect to a document includes providing the following information: a. a description of the type of document; b. date or dates appearing on the face of the document or, if no date appears, the date upon which the document was prepared; c. the identity of its originator, including all persons who authored, wrote, signed, initiated, dictated, reviewed, approved or otherwise participated in creating the document; d. the identity of the addressee(s) and of each other recipient; e. the title and the general subject matter of the document and the number of pages of the document; 4 f. any numerical or alphabetical designation applied to the document; g. the designation and location of the file(s) where the original and each copy are presently being kept and the identity of each custodian thereof; and h. if the document no longer exists, a statement describing the disposition that was made of it and the identity of the person who disposed of it. 9. "And" as well as "or" shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of the Interrogatory all responses which might otherwise be construed to be outside of the scope. "Each" shall be construed to include the word "every," and "every" shall be construed to include the word "each." "Any" shall be construed to include the word "all," and "all" shall be construed to include the word "any." 10. References to the singular shall include the plural, and references to the plural shall include the singular. 11. The use of a verb in any tense shall be construed as the use of the verb in the past or present tense, whenever necessary to bring within the scape of the Interrogatory all responses which might otherwise be construed to be outside its scope. 12. The term "Plaintiff' means and includes Abel Personnel, Inc., t/a Abel Temps, its attorneys and agents, and all other persons in privity with Plaintiff, with respect to the matters herein inquired about. 13. The terms "Defendant" "you," and/or "your" mean and include Defendant, Mann Realty, Inc., a/k/a Mann Realty Associates, Inc., its attorneys and agents, and all other persons in privity with Defendant, with respect to the matters herein inquired about. 5 14. The term "Amended Complaint" means and includes the Amended Complaint filed by Plaintiff in this case on or about May 13, 2011. 15. The term "Answer" means and includes the Answer filed by Defendant in this case on or about August 29, 2011. 16. The term "Agreement" means and includes the arrangement more particularly described in paragraphs 7- 19 of the Amended Complaint whereby Plaintiff supplied Joyce Shelburne to Defendant for employment. 6 . + InterroLyatories l. Identify each and every person having knowledge of the facts, claims and/or defenses asserted by the parties in this case, and as to each person so identified, state: a. the manner in which the individual acquired his/her knowledge; b. the substance of the individual's knowledge; c. whether the individual's knowledge was recorded or memorialized; and d. if your answer to (c) is in the affirmative, identify the individual(s) having custody of such recording or memorialization. ANSWER: 7 ? ` 2. Identify each person you intend to call as a witness at the hearing/trial of this action, including in your answer for each person his/her name, address, telephone number, accupation, name of employer, and the subjects and matters upon which you expect him/her to testify. ANSWER: 8 3. Identify all persons whom you expect to call at the hearing/trial of this case as expert witnesses. As to each such expert, set forth with particularity: a. the subjects upon which he or she is expected to testify; b. the sum and substance of the facts and opinions to which he or she is expected to testify and a summary of the grounds of each opinion; c. his or her field of expertise; d. his or her qualifications and training including professional and practical experience, educational institution attended and degrees obtained; and e. the relevant date and the nature and identity of each institution attended and place at which experience or training was received ANSWER: 9 . ~ 4. With respect to each such expert named by you above, state whether he or she has ever written any other reports and/or testified on anyone's behalf within the past five (5) years on a subject matter similar in any way to the instant case andlor for which such expert was engaged in this matter. If so, set forth the following: a. by whom was such expert was hired; b. for whom such expert was hired; c. a description of the facts of the incident for which the expert was so hired; d. if there was a legal proceeding, set forth a complete caption indicating the counsel who was involved; e. whether or not said reports were consistent with the report rendered in this matter, and if not, set forth the difference and reason; and f. attach copies of said reports hereto ANSWER: 10 5. If you claim that the Plaintiff made any statements or admissions regarding the subject matter of this case, identify each and state for each: a. the date made; b. the name of the person by whom made; c. the name and address of the person to whom made; d. where made; e. the name and address of each person present when made; f. the contents of the admission; and g. if in writing, identify such writing ANSWER: 11 . ~ 6. State whether there have been any admissions related to the subject matter of this litigation by any third-party. If so, as to each state: a. the person making said admission; b. whether it was written or oral; c. if in writing, identify such writing; and d. if oral, state the substance of said admission and to whom it was made ANSWER: I 12 7. Identify all documents: (a) upon which you relied or that you consulted or reviewed in connection with your claims in this case and/or the drafting of the Answer; (b) that you have in your possession that relate to, in any way, the claiins and/or defenses raised in the Amended Complaint and/or the Answer; and (c) that you had at one time in your possession, but no longer have, that relate to, in any way, the claims and/or defenses raised in the Amended Complaint and/or the Answer. In the case of documents identified in response to subpart (c), state why you no longer have such documents and identify the person who currently has them. ANSWER: 13 J ~ 8. Identify all exhibits that you intend to use at the hearing/trial of this case and state whether each will be used during the liability or damages portions of the hearing/trial. ANSWER: 14 R ~ 9. Identify all written, oral and other contracts, agreements and/or understandings between Plaintiff and Defendant, other than the Agreement, if any, that relate to the claims and/or defenses in this case. ANSWER: 15 10. Identify fully each and every term of the Agreement as you understood it. ANSWER: 16 . 11. Identify Joyce Shelburne's job title and each of ller job duties and responsibilities during the time she was employed by you. ANSWER: 17 • 12. Identify fully all amounts you paid to Plaintiff in connection with the employment services rendered to you by Joyce Shelburne and identify which of Plaintiff's invoices each payment you made to Plaintiff relates to and/or was to be applied toward. ANSWER: 18 A 13. Identify each and every employee, agent, representative and/or owner/principal of Plaintiff with whom you and/or any of your employees, agents, representatives and/or owners/principals spoke or communicated via written communications, as that term is defined above, relating in any way to: (1) the Agreement, (2) the candidates that Plaintiff submitted to you for consideration for employment, (3) your choosing of .loyce Shelburne for employment, (4) Joyce Shelburne's employment with you, (5) Joyce Shelburne's resignation from her employment with you, (6) the compensation you were to pay for Joyce Shelburne's employment, (7) the amounts Plaintiff billed to you relating to Joyce Shelburne's employment, and/or (8) the facts, allegations, claims and disputes in this case. ANSWER: I 19 R ~ 14. Identify fully the substance of each communication that is referenced in your Answer to Intei-rogatory 13. ANSWER: 20 _ - -l 15. Identify fully each and every reason why you have failed and/or refused to pay the amounts that Plaintiff is seeking to recover in this case. ANSWER: 21 . 16. Identify fuliy the factual basis for your contention in paragraph 12 of your Answer that Joyce Shelburne "was a personal friend of one of the principals of Plaintiff, who asked if the Defendant would interview her," and identify the source of your information. ANSWER: 22 17. Identify fully the factual basis for your contention in paragraph 12 of your Answer that Joyce Shelburne "was ultimately chosen for the position with the understanding that ' she would become a permanent employee if found acceptable to Defendant," and identify fully who shared in such understanding, and identify any and all documents that relate to such understanding. ANSWER: 23 . 18. Identify all amounts and resources spent by Defendant to train Joyce Shelburne, as alleged in paragraph 22 of your Answer. ANSWER: i 24 . I 19. Identify fully the factual basis for your contention in paragraph 22 of your Answer that Defendant "was used as a training ground," and identify the source of your knowledge. ANSWER: 25 20. Identify fully the reasons why Joyce Shelbuc-ne left your employ and state the source of your knowledge regarding said reasons. ANSWER: 26 il 21. Do you contend that Plaintiff was in any way responsible for, participated in, I encouraged, or otherwise had any prior knowledge of Joyce Shelburne's intent and/or decision to resign from your employment? If the answer to this Interrogatory is yes, identify fully the factual basis for your contention and the source of your knowledge. ANSWER: 27 22. Do you contend that Plaintiff was involved in, or benefited from, the placing of Joyce Shelburne in another employment position after her resignation from her employment with you? If the answer to tliis Interrogatory is yes, identify fully the factual basis for your contention and the source of your knowledge. ANSWER: 28 23. Identify each person who assisted in the preparation of, and/or who provided information for, your answers to these Interrogatories. ANSWER: Respectfully Submitted, Cohen, Segli , a , Gr nh & Furman, PC Date: qI 3 By: teven M. Williams, PA I.D. #62051 swilliams@cohenseglias.com 240 North Third Street, 7`h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 29 CERTIFICATE OF SERVICE I hereby certify that the foregoing document was sent by first class mail, postage prepaid this day to the following: .iohn M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Attorney for Defendant Date: Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: lw4' Alison A. Zortman, al Assistant 240 North Third St t, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 30 VERIFICATION I have read the foregoing Answer and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. Date: By: #1393105-v1 02101-0003 COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL . IN THE COURT OF COMMON PLEAS TEMPS, . CUMBERLAND COUNTY, . PENNSYLVANIA Plaintiff . v. . NO.11-3025 MANN REALTY, INC., a/k/a MANN . REALTY ASSOCIATES, INC. . Defendant . CIVIL ACTION - LAW To: Defendant, Mann Realty, Inc., a/k/a Mann Realty Associates, Inc., c/o John M. Ken, Esquire, John Kerr Law, P.C., 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055, Attorney for Defendant You are hereby requested, pursuant to Pennsylvania Rules of Civil Procedure 4001, et seg., to produce the following documents for inspection and copying, within no more than thirty (30) days after service hereof, at the offices of Cohen Seglias Pallas Greenhall & Furman, PC, counsel for Plaintiff, Abel Personnel, Inc., da Abel Temps, 240 North Third Street, 7th Floor, Harrisbur Pennsy1 g, varua 17101, or, alternatively, by delivenng copies of the same to Plaintiff's counsel at the aforesaid address. Documents for which a proper claim of privilege can be substantiated are expressly excluded from this Request, except that you shall identify all documents for which privilege is ; claimed and shall specify the exact grounds upon which the claim for privilege is based. i ~ ` Y If you object to any document requested on the grounds of over breadth, you must respond to the document request as narrowed to conform to your objection within the period allowed for a response. You are required to produce the requested documents as they are kept in the usual course of business and/or to label them to correspond with the categories of this Request. This Request for Production is to be deemed continuing, and if you obtain further information after your responses are served on Plaintiff, you shall supplement these responses at that time. Definitions l. "Document" is used in the broadest sense of the word and means all written, printed, typed, recorded, electronic, or graphic matter, including originals, copies, and drafts, however produced or reproduced, of every kind, nature, and description, including, but not limited to, correspondence, telegrams, faxed communications, notes and any other written and/or electronically transmitted communications; notes of oral communications, telephone conversations, meetings or other notes recording any information, discussion, directives, questions or conversations; calendars, appointment books, logs, diaries, notebooks or similar materials; investigative files and related materials; contracts or agreements; memoranda; reports; studies; recordings, films, photographs, video materials, charts or other visual materials; computer print-outs or media; tapes or cassettes; analyses; projections; work papers; orders, work orders, change orders, extra work orders, additional work orders and account orders and related documents; invaices, telephone messages; e-mail; computer disks; computer assisted drawing files; digital files; digital voice mail messages; compilations of data or information; 2 pians, drawings and specifications; test results; or other materials from which data or information can be obtained. 2. The words "written communications" shall include all letters, memoranda, emails, notes, and all other means of communicating that are in any other paper or electronic format. 3. As used herein, the terms "relates to" or "related to" means relating to, referring to, pertaining to, consisting of, reflecting, evidencing, concerning or in any way logically or factualty connected with the matter discussed. 4. "Person" or "entity" includes, but is not limited to, an individual, a limited partnership, a corporation or other business association, or government agency or entity, or any other entity. All references to "person" in the singular number includes the plural number and vice versa. 5. "Statement" means any oral communication, whether or not made in the presence of another person, in a telephone conversation, or in any other context, and regardless of whether it has been reduced to writing or otherwise recorded or referred to in any document. 6. "Identify" when used with respect to an individual includes providing the following information: a. the individual's full name; b. the individual's present or last known home and business addresses; c. the individual's home and business telephone numbers; d. the identity of the individual's employer or employers at the time of the matter inquired into and the individual's_position at that time; and 3 ? ' , II e. the identity of the present employer of the individual and the position now held by the individual. 7. "Identify" or "identity" when referring to an entity such as a corporation, partnership, firm or other organization includes providing the following information: a. the full name of the entity; b. the entity's present or last known address; c. the full name and business address of the entity at the time of the matter inquired into; and d. the type of business conducted by the entity. 8. "Identify" or "identity" when used with respect to a document includes providing the following information: a. a description of the type of document; b. date or dates appearing on the face of the document or, if no date appears, the date upon which the document was prepared; c. the identity of its originator, including aIl persons who authored, wrote, signed, initiated, dictated, reviewed, approved or otherwise participated in creating the document; d. the identity of the addressee(s) and of each other recipient; e. the title and the general subject matter of the document and the number of pages of the document; f. any numerical or alphabetical designation applied to the document; 4 . g. the designation and location of the file(s) where the original and each copy are presently being kept and the identity of each custodian thereof; and h. if the document no longer exists, a statement describing the disposition that was made of it and the identity of the person who disposed of it. 9. "And" as well as "or" shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of the Interrogatory all responses which might otherwise be construed to be outside of the scope. "Each" shall be construed to include the word "every," and "every" shall be construed to include the word "each." "Any" shall be construed to include the word "all," and "all" shall be construed to include the word "any." 10. References to the singular shall include the plural, and references to the plural shall include the singular. 11. The use of a verb in any tense shall be construed as the use of the verb in the past or present tense, whenever necessary to bring within the scope of the Intenogatory all responses which might otherwise be construed to be outside its scope. 12. The term "Plaintiff ' means and includes Abel Personnel, Inc., da Abel Temps, its attorneys and agents, and all other persons in privity with Plaintiff, with respect to the matters herein inquired about. 13. T'he terms "Defendant" "you," and/or "your" mean and include Defendant, Mann Realty, Inc_, a/k/a Mann Realty Associates, Inc., its attorneys and agents, and all other persons in privity with Defendant, with respect to the matters herein inquired about. 14. The term "Amended Complaint" means and includes the Amended Complaint filed by Plaintiff in this case on or about May 13, 2011. 5 15. The term "Answer" means and includes the Answer filed by Defendant in this ~ case on or about August 29, 2011. 16. The term "AgreemenY" means and includes the arrangement more particularly described in paragraphs 7- 19 of the Amended Complaint whereby Plaintiff supplied Joyce Shelburne to Defendant for employment. 17. The terms "Interrogatory" and "Interrogatories" mean and include Plaintiff's First Set of Interrogatories to Defendant served on Defendant contemporaneously herewith. 6 Produce the following documents: 1. All statements or memoranda of statements of any person who has any knowledge of the facts detailed in the parties' pleadings, and/or who may be called as a witness at the hearing/trial of this case. 2. All statements or memoranda of statements of any party to this action concerning the subject matter of this case and the events surrounding it. 3. The resume, curriculum vitae, or similar document of each and every expert you ~I I expect to call at the hearing/trial of this case. 4. The final report and all draft reports of each and every expert you expect to call at the hearing/trial of this case. 5. All correspondence, memoranda, reports, comparisons, summaries, tabulations, analysis and other documents prepared by each and every expert you expect to call at the hearing/trial of this case. 6. All documents, written communications and information you provided to each and every expert you expect to call at the hearing/trial of this case. 7. All documents upon which you relied and/or that you consulted or reviewed in connection with your claims and defenses in this case and/or the drafting of your pleadings. 8. All documents that you have in your possession that relate to, in any way, the claims and defenses raised by the parties in their respective pleadings in this case. , 9. All exhibits that you intend or expect to, or may, use at the hearing/trial of this case, whether during the liability or damages portions of the hearing/trial. 7 10. All written communications from you to Plaintiff and from Plaintiff to you that relate to, in any way, the claims and/or defenses in this case. 11. All written communications from you to any other person(s) and/or entity(ies), and/or from any other person(s) andlor entity(ies) to you that relate to, in any way, the claims and/or defenses in this case. 12. All other written communications that relate to, in any way, the claims and/or defenses in this case. 13. All of your internal memoranda, emails and other internal correspondence that relate to the claims and/or defenses in this case. 14. All of your telephone voicemail messages that relate to the claims and/or defenses in this case. 15. All contracts, agreements and/or written understarzdings between Plaintiff and you, other than the Agreement, if any, that relate to the claims and/or defenses in this case. 16. All canceled checks, ledgers, statements, receipts and other documents that show, evidence or indicate payments you made to Plaintiff that relate to Joyce Shelburne's employment with you. 17. All canceled checks, ledgers, sta.tements, receipts and other documents that show, evidence or indicate payments you contend in paragraph 22 of your Answer that you made that relate to the training you provided to Joyce Shelburne. 18. All documents, written communications and other information that relate to your contention in paragraph 12 of your Answer that Joyce Shelburne "was a personal friend of one of the principals of Plaintiff, who asked if the Defendant would interview her." 8 V ` 19. All documents, written communications and other information that relate to your contention in paragraph 12 of your Answer that Joyce Shelburne "was ultimately chosen for the position with the understanding that she would become a permanent employee if found acceptable to Defendant." 20. All documents, written communications and other information that relate to your contention in paragraph 22 of your Answer that Defendant "was used as a training ground." 21. All documents, written communications and other information that relate to the reason(s) why Joyce Shelburne left your employ. 22. If you contend that Plaintiff was in any way responsible for, participated in, encouraged, or otherwise had any prior knowledge of Joyce Shelburne's intent and/or decision to resign from your employment, all documents, written communications and other information that relate to such contention. 23. If you contend that Plaintiff was involved in, or benefited fram, the placing of Joyce Shelburne in another employment position after her resignation from her employment with you, all documents, written communications and other information that relate to such contention. 24. All documents, exhibits or other materials identified in your answer to Plaintiff's Interrogatories that have not been produced in response to the foregoing Requests. 25. All other documents that relate to, in any way, Plaintiff's claims and/or defenses in this case that have not been produced in response to the foregoing Requests. 26. All other documents that relate to, in any way, your defenses and/or claims in this case that have not been produced in response to the foregoing Requests. 9 Respectfully Submitted, Cohen, Seglias, Pallas, /y: & Furman, PC Date: illiams, PA I.D. #62051 cohenseglias. com 240 North Third Street, 7t1' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 10 . CERTIFICATE OF SERVICE I hereby certify that the foregoing document was sent by first class mail, postage prepaid this day to the following: JolTn M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Attorney for Defendant Date: v Respectfully submitted, COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. . ~ By: 6 ( Alison A. Zortman, L g sistant 240 North Third Stre "'As Floor Harrishurg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ~ , ~ , i ll ~ #1393111-v1 02101-0003 . EXHIBIT B • ' Page 1 of 1 Steven M. Williams From: Steven M. Williams [swilliams@cohenseglias.com] Sent: Thursday, October 13, 2011 1:29 PM To: 'John Kerr' Cc: 'Debby AbeP Subject: Abel Personnel v. Mann Realty [CSPGF-Active.FID333885] Attachments: 10_13_11 Ltr to John Kerr re_ overdue discovery answers.PDF John, Please see attached letter and respond immediately. Thank you. website I bio I vCard I email I offices Steven M. WiIliams I Partner P:-717.234.5530 • F:-717.307.3427 CamvSFiCUA5C'AUAsGk8nafAU.&ftRMA.N PC 240 North ThirdStreet, Tth Floor • HarrisburE PA17101 ~ ~ • 3 . : ~ . `r „s , . ~ r > , . ~ r ~ ~ _ ~ ~ , s , ~ i " ~i ;~'ii. , . , ~i- . . _ , , , , ~ _ . . , . . . . . ~ . , . . ~ , . ~ ~ ~ . , z. ~ i . . . ~fi . 1_ . . _ . .~.r . . _ . . , ~ ~•frt~ ~ `iV~il~ . 3 11 /9/2011 Steven M. Williams Attorney At Law Co-IEx SECUas PM.ias GxMAHMI &,~''URMAN PC 240 North Third Street, lth Floor Harrisburg, PA 17101 T. 717.234.55301 F: 717.307.3427 swi IliamsOcohensegl ias.com October 13, 2011 www.cohenseglias.com VIA EMAIL and FIRST CLASS MAIL John M. Kerr, Esquire John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Re: Abel Personnel, Inc. et. al. v. Mann Realty, Inc. et. al. No.: 11-3025 Dear John: More than thirty days have passed since I served Abel Personnel, Inc.'s First Set of Interrogatories and Request for Production of Documents on you, and I have not received your client's answers. Please serve the answers immediately to prevent the necessity of Court intervention and the resulting costs on your client. Very yours, Steven . Williams /aaz cc: Abel Personnel, Inc. Philadeiphia l Pittsburgh I wlmington I Harrisburg i11434255-v1 02101-0003 Maryland I New Jersey I West Yrginia ! EXHIBIT C Page 1 of 2 Steven M. Williams From: Steven M. Williams [swilliams@cohenseglias.com] Sent: Wednesday, October 19, 2011 12:20 PM I To: 'John Kerr' ' Cc: 'Debby Abel' Subject: RE: Abel Personnel v. Mann [CSPGF-Active.FID333885] John, No problem. i look forward to having your answers by November 7. From: John Kerr [mailto:kerrlaw@comcast.net] Sent: Wednesday, October 19, 2011 11:52 AM To: Steven M. Williams Subject: RE: Abel Personnel v. Mann [CSPGF-Active.FID333885] Steve: My apology. It has been entirely my fault - and not Mr. Mumma's - that you have not received the discovery. Can you give me until Monday, November 7? Thanks John K. From: Steven M. Williams [mailto:swilliams@cohenseglias.com] Sent: Wednesday, October 19, 2011 11:14 AM To: 'John Kerr' Cc: 'Debby Abel' Subject: Abel Personnel v. Mann [CSPGF-Active.FID333885] John, I have not heard from you regarding our outstanding discovery requests, despite my letter last week. I tried to call you today, but your voicemail box is full, so I could not leave a message. Please call me today so we can discuss when you expect to have your discovery answers in my hands. If I do not hear from you today, I will advise Abel Personnel to file a Motion to Compel and seek from your client the fees we incur in so doing. website ( bio ( vCard I email I offices Steven M. Williams I Partner P:-717.234.5530 ¦ F:-717.307.3427 CaluvSEMltcP1!?i1,tsGti2'rarati&f~`t.nu?uN1c 240 North Third Street, Tth Floor - HarrisburC PA17101 1 1 /9/2011 . ; EXHIBIT D # 1459006-v 1 02101-0003 ~ • Page 1 of 2 Steven M. Wiiliams From: Steven M. Williams [swilliams@cohenseglias.com] Sent: Wednesday, November 09, 2011 9:47 AM To: 'John Kerr' Cc: 'Debby Abel' Subject: RE: Abel Personnel v. Mann Realty [CSPGF-Active.FID333885] John, Sorry, but I cannot accommodate any longer. t have no confidence that Mann Realty will provide you what you need within the next week. This debt has been outstanding entirely too long, and Mann Realty has delayed this case too long. My instructions are to proceed with the Motion. From: John Kerr [mailto:kerrlaw@comcast.net] Sent: Wednesday, November 09, 2011 7:54 AM To: Steven M. Williams Subject: RE: Abel Personnel v. Mann Realty [CSPGF-Active.FID333885] Steve: You are correct. In fairness to Mr. Mumma, I just delivered the discovery to him. If you hold off, I can have it to you in a week. John K. Pohn i~errZaw, PC lohn M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 P. (717) 766-4008 F. (717) 766-4066 Email: kerrlaw@comcast.net website: www.johnkerrlaw.com From: Steven M. Williams [mailto:swilliams@cohenseglias.com] Sent: Tuesday, November 08, 2011 9:58 AM ~ To,. John Kerr' Cc: 'Debby Abel' Subject: Abel Personnef v. Mann Realty [CSPGF-Active.FID333885] John, You asked for, and I granted you, an extension through yesterday for service of your answers to our discovery requests, but I have received nothing from you. If I do not have your answers today, I intend to file a Motion to Compel, which will include a request for attomey's fees from your client. website I bio I vCard I email I offices Steven M. WiIliams I Partner P:-717.234.5530 ¦ F:-717.307.3427 11 /9/2011 Page 2 of 2 Cn1u7.vSwuASFAwmG1th2m Lw.&I-LtAi,tN IC: 240 North Third Street, 7th Floar ~ Harrisburg, PA1T101 ~9Aq I 11 /9/2011 CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion was sent by first class, postage prepaid mail this day to the following: John M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Defendant's Attorney Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. , 0 /1 . I (2 r2x ~ Date: //0/// By: 4n 't A son A. Zortman, LeV7th ssistant 240 North Third Street l oor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CAF ja PfljHC?CTA? ?: 23 2012 JAS _9 FM T? C13M????-AND CpUN cvt ?Qp,N?l? Abel PersAV, , tta Abel Temps Plaintiff vs. Mann Realty, Inc., a/k/a Mann Realty Associates Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 20 11 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Steven M. Williams , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $7.204.20 pus interest, costs & attorney fees. The counterclaim of the defendant in the action is 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Steven M. Williams, Esquire and John M. Kerr, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) ar ators to whom the case shall be submitted. Respectfully submitted, 1 I ??/ Z Steven M. William , PA ID # 62051 240 North Third Street, 7th Floor struf •a S: sapd a? Sao Harrisburg, PA 1(71171} 234-5530 c?µ a(pq .5s% ORDER OF COURT AND NOW, petition, _ Esq., and captioned action (or actions) as prayed for. 200, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to trial de novo on appeal from a decision entered by a judge. CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition was sent by first class, postage prepaid mail this day to the following: John M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Defendant's Attorney Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. 171 Date: By: Lf Alison A. Zortman, Legal stant 240 North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1501994-v1 02101-0003 S t, ? 7012 J0 -9 PM t: 23 CUM$ERtAKd CO?N?Y a W "'R Abel Persdq' V, Abel Temps Plaintiff vs. Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 20 11 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Steven M. Williams counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $7,204.20 plus interest, costs & attorney fees. The counterclaim of the defendant in the action is 0 _ The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Steven M. Williams, Esquire and John M. Kerr, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) ar ators to whom the case shall be submitted. Respectfully submitted, 1 K'/ Z Steven M. William , PA ID # 62051 240 North Third Street, 7th Floor ar"f •?$ sopd a Harrisburg, PA 1(111 1234-5530 cy,0 ORDER OF COURT P- a?? q S3? AND NOW, 20901 , in consideration of the fbregi?!*W = = tr ' --t petition, Esq., and MUW Esq., and Esq., are appoin ed arbi ators %Q abiwo captioned action (or actions) as prayed for. mac, 00, By the Court, i Kevi . Hess, P.J. -x; ` ) This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to trial de nova on appeal from a depision entered by a judge. ?6'h n wt; r,?1 ?pp;es n4a: I-eat 11Ig11at f - A v a CERTIFICATE OF SERVICE I hereby certify that the foregoing Petition was sent by first class, postage prepaid mail this day to the following: John M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Defendant's Attorney Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. Date: By A6on A. Zortman, Legal stant 240 North Third Street, 7 h Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1501994-v1 02101-0003 IN THE COURT OF COMMON PLEAS ABEL PERSONNEL, INC., T/A ABEL TEMPS CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 11-3025 CIVIL TERM MANN REALTY, INC.,A/K/A MANN REALTY ASSOCIATES, INC. ?. P. i Cllr ?`-,?1 NOTICE OF APPEAL < CMAN FROM AWARD OF BOARD OF ARBITRATORS X C-f=-' c- d C) TO THE PROTHONOTARY: c-n Notice is given that DEFENDANT MANN REALTY, INC. appeals from the award of the board of arbitrators entered in this case on APRIL, 18, 2012 A jury trial is demanded F1 (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 7 1. the compensation of the arbitrators has been paid, or F2. a (Strike out the inapplicable clause.) a U ?dz Ap lant or Attorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. 00?-O?a 173 P7* a7 5-30 3 ! y,#" PR0T{ ONGTAt 20112 MAY 23 PM 2: 10 CUMBERLAND COUNTY PENNSYLVANIA COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. IN THE COURT OY COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3025 MANN REALTY, INC., aWa MANN REALTY ASSOCIATES, INC. Defendant CIVIL ACTION - LAW To the Prothonotary: PRAECIPE Please note on the docket of this case that Defendant has paid to Plaintiff the sum of $1,140.00 in accordance Judge Masland's November 30, 2011 Order granting Plaintiffs Motion for Attorney's Fees. Please also note that this Praecipe does not indicate or reflect a satisfaction of, or act to satisfy, the claims that Plaintiff has asserted in this case against Defendant, which claims remain unpaid and unsatisfied. Plaintiff reserves all of its rights and remedies with regard to such claims, and intends to further pursue them in this case. Respectfully Cohen & Furman, PC Date: 51.?/ 112 _ By: Z/ k teven M. Williams, PA I.D. #62051 silliams@cohenseglias.com 240 North Third Street, 7 h Floor. Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class, postage prepaid mail this day to the following: John M. Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Defendant's Attorney Date: ??o?/?/•2 Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. By: r 'CIC+ Alison A. Zortman, $th egal 240 North Third Stre Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff # 1631787-v1 02101-0003 PRAECIPE FOR LISTING CASE FOR TRIAL r, • ,,,r? i r . z ?7 .1 t v. (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY i r `? i Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Abel Personnel, Inc. t/a Abel Temps, The trial list will be called on June 26, 2012 and (other) (Plaintiff) vs. Mann Realty, Inc., a/k/a'Mann Realty Associates, Inc. vs. (Defendant) Trials commence on July 23, 2012 Pretrials will be held on July 11, 2012 (Briefs are due 5 days before pretrials No. 11-3025 Indicate the attorney who will try case for the party who files this praecipe: Steven M. Williams, Esq., 240 North Third Street, 7th Floor, Harrisburg, PA i Signed: Indicate trial counsel for other parties if known: John M. Kerr, Esq., 5020 Ritter Road, Suite 104, Mechanicsbur A 17055 This case is ready for trial. (check one) ? Civil Action - Law X? Appeal from arbitration Civil Term 01 Steven M. Williams, Esquire ame: Date: S Z? ?Z Attorney for: Plaintiff a V&% gq. 75 d x,14 49S P- 9 Des 9?8 ABEL PERSONNEL, INC., T/A, IN THE COURT OF COMMON PLEAS OF ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ?T CZ 3 V. - rrIM CIVIL ACTION - LAW Z ? " n;•.y I MANN REALTY, INC., a/k/a MANN Fns ii REALTY ASSOCIATES, INC., -tZ rn :) Defendant 11-3025 CIVIL TERM ? t D r-: "tz ?; PRETRIAL CONFERENCE ( ' AND NOW, this 11th day of: July, 2012, after l?av?kng'J had a pretrial conference in this matter, and the Plaintiff being represented by Steven M. Williams, Esquire, and the Defendant and defense counsel having failed to appear for the pretrial conference, this matter hereby remains on the trial list. The trial is scheduled for Monday, July 23, 2012, at 9:30 a.m. This Court will address any discovery violation by the Defendant prior to the trial. The trial is expected to be no longer than one day Plaintiff's counsel has moved for the case to be helc by a non-jury trial. Because, however, neither the Defendant nor its counsel were present at the pretrial conference, Plaintiff's request was denied at this time. Plaintiff's counsel has been directed to bring any authority that allows for a jury trial in absentia or a non-jury trial in the event Defendant fails to appeE at trial. By the Court, ?r Christylee L. Peck, J. Steven M. Williams, Esquire 240 N. Third Street, 7th Floor Harrisburg, PA 17101 For the Plaintiff John M. Kerr, Esquire 5020 Ritter Road, STE 104 Mechanicsburg, PA 17055 For the Defendant Court Admin Prothonotary pcb ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, MANNN REALTY, INC., a/k/a : MANN REALTY ASSOCIATES, : INC., Defendant CIVIL ACTION - LAW NO. 11-3025 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL TO DEFENDANT ORDER OF COURT Cl) Mr r* fem.. tn' C3 = <_ T' N . AND NOW, this 19th day of July, 2012, upon consideration of the Motion To Withdraw as Counsel to Defendant, and it being represented to the Court that Defendant's principal has terminated defense counsel and no longer wishes defense counsel to represent Defendant, the motion is granted. The Defendant shall have 21 days to secure replacement counsel. This shall be the last defense continuance of this matter. DUE TO the Defendant having to secure new counsel and not being able to do so by the trial currently set for Monday, July 23, 2012, the trial is hereby continued until the civil trial term commencing on September 17, 2012. `Steven M. Williams, Esq. 240 N. Third Street Harrisburg, PA 17101 Attorney for Plaintiff BY THE COURT, Christylee L. Peck, J. 1 0 John M. Kerr, Esq. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Robert M. Mumma, II 840 Market Street Suite 33333 Lemoyne, PA 17043 Court Administrator :rc etpp, P.s ma,1ed 7/1R //..X_ A? I . i ED-OFFICE HLE PROTHONOTAR iGl2 AUK _6 PM 2: 44 CUMBERLAND COUNTY PENNSYLVANIA COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL IN THE COURT OF COMMON TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. 11-3025 MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC. Defendant CIVIL ACTION - LAW MOTION TO CONTINUE TRIAL AND NOW, comes Plaintiff, Abel Personnel, Inc., t/a Abel Temps ("Abel"), by through its attorneys, Cohen Seglias Pallas Greenhall & Furman, P.C., and hereby files Motion to Continue Trial, and in support thereof avers as follows: 1. Pursuant to Cumberland County Local Rule 208.3(a)(2), the Honorable J Albert H. Masland and Christylee L. Peck have ruled on other issues in this case. However, Motion is filed at the request of, and should be ruled on by, Judge Peck. 2. This case was scheduled for trial during this Court's July 2012 jury trial with jury selection to occur on Monday, July 23 and trial to begin on Tuesday, July 24. 3. On July 16, 2012, Defendant's former counsel filed a Motion to Withdraw as Counsel to Defendant (the "Withdrawal Motion"). 4. In a conference with Judge Peck on July 18, 2012, and because Judge intended to grant the Withdrawal Motion, Defendant's counsel and the undersigned agreed trial could not occur during the July trial term. 5. By Order dated July 19, 2012, Judge Peck granted the Withdrawal Motion continued the trial in this case to the September 2012 trial list. 6. Plaintiff and at least one of its witnesses is not available for trial on Mondays or Tuesday, September 16 or 17, 2012 because of the Jewish holiday of Rosh Hashanah. 7. The undersigned is not available for trial on Wednesday through Friday, September 16 - 17, 2012 because of a previously-scheduled business trip. 8. Thus, Plaintiff is not available to try this case during the September 2012 *i term, and by this Motion requests that the trial be continued to the November 2012 jury *i term. This is Plaintiff's first continuance request. 9. Plaintiff also has a minor scheduling issue for the November trial term: ono of Plaintiff's witnesses and the undersigned are not available for trial on Monday, November 2012 due to long-standing travel plans; thus, Plaintiff requests that the trial begin on T November 27, 2012. 10. The undersigned is also not available for a Pretrial Conference on November 2012, as scheduled on the Court's calendar; thus, Plaintiff requests that the Pretrial be specially scheduled by the Court after consultation with Defendant and the undersigned. 7 14, 2 11. On July 25, 2012, the undersigned sent an email to Robert Mumma, Defendant's principal, requesting Defendant's concurrence in the continuance sought in this Motion, Defendant has not indicated to the undersigned whether it concurs or does not concur in request. WHEREFORE, Plaintiff, Abel Personnel, Inc., tla Abel Temps, respectfully requests this Honorable Court grant this Motion to Continue Trial, enter the attached Order, and such other relief as this Court deems just and appropriate. Respectfully Cohen & Furman, PC Date: August 1, 2012 By: even M. Williams, PA I.D. #62051 Williams@cohenseglias.com 240 North Third Street, 7t' Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion was sent by first class, postage prepaid this day to the following: Mann Realty Associates, Inc. P.O. Box 5 Camp Hill, PA 17001 Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. Date: By: Alison A. Zortman, Legal sistant 240 North Third Street, 7 Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL TEMPS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MANN REALTY, INC., t/d/b/a : MANN REALTY ASSOCIATES,: INC., Defendant NO. 11-3025 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CONTINUE TRIAL ORDER OF COURT AND NOW, this 9t' day of August, 2012, upon consideration of Plaintiff s Motion To Continue Trial, 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. IT IS FURTHER ordered and directed that the Court will not accept any communications by electronic mail and any communications must be through respective counsel. / Steven M. Williams, Esq. 240 N. Third Street, 7t' Floor Harrisburg, PA 17101 Attorney for Plaintiff 'Mann Realty Associates, Inc. P.O. Box 5 Camp Hill, PA 17001 Defendant, pro Se BY THE COURT, Christyl66 L. Peck, J. : rcD - -v . -? ' o =-? 7 ABEL PERSONNEL, INC., t/a, ABEL TEMPS, Plaintiff v. • MANN REALTY, INC., t/d/b/a MANN REALTY ASSOCIATES, INC., Defendant IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 11-3025 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 21st day of August, 2012, Plaintiff' counsel having appeared, and neither Defendant's counsel nor any person appearing on behalf of the Defendant, Mann Realty, Inc., having appeared for the call of the list, and it being represent d to the Court that there is a continuance motion filed on behalf f the Plaintiff that is still pending, and a rule to show cause having been issued against Mann Realty, Inc., to show cause why he continuance should not be granted, and there being an outstandin motion that Mann Realty, Inc., obtain corporate counsel, and thi Court having not had notification that Mann Realty, Inc., has ye obtained corporate counsel, this matter will stay on the trial 1'st pending the resolution of Defendant obtaining counsel and answer'ng the rule to show cause as to why the continuance request should of be granted. By the Court, '`~ ~ ~~~ c~..~'~- Christyle L. Peck, J. N r ~,; _ '°` .. --~ ca -•c ~+ arc, ~~ ~_ li li Q ~ ~~ rc~~-s' ~'"' _~: j` Steven M. Williams, Esquire 240 N. Third Street, 7th Floor Harrisburg, PA 17101 For the Plaintiff ,~ Mann Realty Associates, Inc. P.O. Box 5 Camp Hill, PA 17001 Defendant, Pro Se / Court Admin Prothonotary pcb Lpptes ~,~,,~l,ed ~~.x/~ia. ~~~ ABEL PERSONNEL, INC., t/a, ABEL TEMF~S , Plaintiff `r . MANN REALTY, INC., t./d/b/a MANN REALTY ASSOCIATES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 11-3025 CIVIL TERM IN RE: APPEAR FOR TRIAI~ ORDER OF COURT AND NOW, this 26th day of October, 2012, the Plaintiff having been represented by Steven M. Williams, Esquire, and neither_ the Defendant nor any counsel for the Defendant having appeared for the pretrial conference, this matter is hereby listed for jury trial, jury selection to begin at 9:30 a.m. on Monday, November 26, 2012, and trial to commence on Tuesday, November 27, 2012, at 9:30 a.m. i:n a courtroom to be determined by the Court Administr.at:or. By the Court, ,~ e~ r., ~~~ / `n Christyle L. Peck, J. [Steven M. Williams Esquire max' `"~ ~~ ~ --;'~ =~:-' , 240 N. Third Street, 7th Floor rte- ~ ~ ' ~ «.-. --:~; Harrisburg, PA 17101 =~ '~ , ="~~_~ For the P:laintiff ~~ ~ ~? ` ~` • _: c '~ Mann Reali~y Associates, Iric. P.O. Box 5 ._ `~ '_ Camp Hill,, PA 17001 Defendant,, Pro Se ~ Court Admin Prothonot~_~ry ~~ ABEL PERSONNEL, INC., IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW MANN REALTY, INC., t/d/b/a MANN REALTY ASSOCIATES, INC., Defendant NO. 11-3025 CIVIL TERM IN RE: PLAINTIFF'S POST-TRIAL MOTION TO MOLD VERDICT TO INCLUDE AN AWARD FOR ATTORNEY'S FEES AND COSTS AND TO CORRECT INTEREST AWARD AND DEFENDANT'S POST TRIAL MOTION FOR NEW TRIAL Q&IN THE ALTERNATIVE,A MODIFICATION OF THE VERDICT AND DEFENDANT'S RESPONSE TO PLAINTIFF'S POST TRIAL MOTION ORDER OF COURT AND NOW, this day of April, 2013, upon consideration of Plaintiffs Post- Trial Motion To Mold Verdict To Include An Award For Attorney's Fees And Costs And To Correct Interest Award ("Plaintiffs Motion'), Defendant's Post-Trial Motion For New Trial Or, In The Alternative, A Modification Of The Verdict And Defendant's Response To Plaintiff's Post-Trial Motion ("Defendant's Motion"), IT IS HEREBY ORDERED that Defendant's Motion is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion is GRANTED. The verdict entered on December 3, 2012 is hereby amended to include: (1) attorney's fees in the amount of$45,558.00 through the date of the Plaintiff s Motion; (2) court and other legal costs in the amount of$795.66; (3) pre judgment interest through November 27, 2012 in the amount of$1,477.41; (4) additional pre judgment interest on the amount of$6,298.96 at the rate of six percent (6%) per annum from November 28, 2012 until the date of this Order; and (5) post judgment interest at the rate of six percent (6%)per annum from the date of this Order until the judgment is paid. In sum of the above, IT IS ORDERED that the Prothonotary shall amend the judgment previously entered as follows: Judgment is entered in favor of Plaintiff and against Defendant in the total amount of $54,130.03, plus additional pre judgment interest on the amount of $6,298.96 at the rate of six percent (6%) per annum from November 28, 2012 until the date of this Order, and post judgment interest at the rate of six percent(6%)per annum from the date of this Order until the judgment is paid. BY THE COURT, Christ3iya!. Peck, 3. < 123 il C-1 Steven M. Williams, Esq. C-- nj C-.1 240 N. Third Street, 7h Floor Harrisburg, PA 17101 _. Attorney for Plaintiff Darrell C. Dethlefs, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant C�pfeS 144a,/r/ //3 G j COHEN SEGLIAS PALLAS ? rya GREENHALL& FURMAN, P.C. �� - .T By: Steven M. Williams. Esquire Identification No: 62051 silliams @cohenseglias.com 4 �, 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL IN THE COURT OF COMMON PLEAS TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. 11-3025 MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC. Defendant CIVIL ACTION -LAW PRAECIPE To the Prothonotary: Please enter judgment on the attached Order of Court dated and entered April 11, 2013, in favor of Plaintiff and against Defendant in the amount of $54,130.03, plus pre judgment interest in the amount of$6,298.96, plus the costs of this action and post judgment interest at the rate of six percent(6%) per annum from April 11, 2013 until the judgment is paid. $11 .50 Pt, AX'tY e ?a( 161 489 �a-Fcce ��. Respectfully Sub itt , Cohen Segl' s llas Gree 11 Furman, PC Date: April 16, 2013 By: /240 even M. Williams, PA I.D. #62051 illiams @cohenseglias.com North Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing Praecipe was sent by first class, postage prepaid mail this day to the following: Mann Realty, Inc. a/k/a Mann Realty Associates, Inc. c/o Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 Respectfully submitted, Cohen Seglias Pallas Greenhall & Furman, P.C. IQ � Date. April W, 2013 By cz. Alison A. Zortman, Le Assistant Assistant 240 North Third Street, 7t" Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff #1786048-v1 02101-0003 ABEL PERSONNEL, INC., IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, CUMBERLAND COUNTY; PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW MANN REALTY, INC., t/d/b/a MANN REALTY ASSOCIATES, INC., Defendant NO. 11-3025 CIVIL TERM IN RE: PLAINTIFF'S POST-TRIAL MOTION TO MOLD VERDICT TO INCLUDE AN AWARD FOR ATTORNEY'S FEES AND COSTS AND TO CORRECT INTEREST AWARD AND DEFENDANT'S POST TRIAL MOTION FOR NEW TRIAL OR, IN THE ALTERNATIVE A MODIFICATION OF THE VERDICT AND DEFENDANT'S RESPONSE TO PLAINTIFF'S POST TRIAL MOTION ORDER OF COURT AND NOW, this// day of April, 2013, upon consideration of Plaintiff's Post- Trial Motion To Mold Verdict To Include An Award For Attorney's Fees And Costs And To Correct Interest Award ("Plaintiff's Motion"), Defendant's Post-Trial Motion For New Trial Or, In The Alternative, A Modification Of The Verdict And Defendant's Response To Plaintiff's Post-Trial Motion ("Defendant's Motion"), IT IS HEREBY ORDERED that Defendant's Motion is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion is GRANTED. The verdict entered on December 3, 2012 is hereby amended to include: (1) attorney's fees in the amount of$45,558.00 through the date of the Plaintiff's Motion; (2) court and other legal costs in the amount of $795.66; (3) pre judgment interest through November 27, 2012 in the amount of$1,477.41; (4) additional pre judgment interest on the amount of$6,298.96 at the rate of six percent (6%) per annum from November 28, 2012 until the date of this Order; and (5) post judgment interest at the rate of six percent (6%) per annum from the date of this Order until the judgment is paid. In sum of the above, IT IS ORDERED that the Prothonotary shall amend the judgment previously entered as follows: Judgment is entered in favor of Plaintiff and against Defendant in the total amount of $54,130.03, plus additional pre judgment interest on the amount of $6,298.96 at the rate of six percent (6%) per annum from November 28, 2012 until the date of this Order, and post judgment interest at the rate of six percent (6%)per annum from the date of this Order until the judgment is paid. BY THE COURT, T/ Christyl e L.-Peck; - ccnr- r Steven M. Williams, Esq. - 4 240 N. Third Street, 7`h Floor -. Harrisburg, PA 17101 Attorney for Plaintiff Darrell C. Dethlefs, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant COHEN SEGLIAS PALLAS GREENHALL & FURMAN, P.C. By: Steven M. Williams. Esquire Identification No: 62051 swilliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717) 234-5530 Attorneys for Plaintiff ABEL PERSONNEL, INC., t/a ABEL IN THE COURT OF COMMON PLEAS TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-3025 MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC. Defendant CIVIL ACTION- LAW To: Mann Realty, Inc. a/k/a Mann Realty Associates, Inc., c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, PA 17011 You are hereby notified that on Apr) 2013, the following Judgment has been entered against you in the above-captioned case. $54,130.03, plus pre judgment interest in the amount of$6,298.96, plW the costs of this action and post judgment interest at the a--p t ( er annum o April 11, 2013 until the judgment is paid. DATE: notary I hereby certify that the name and address of the proper persons to receive this notice are: Mann Realty, Inc. a/k/a Mann Realty Associates, Inc. c/o Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 A: Mann Realty, Inc. a/k/a Mann Realty Associates, Inc., c/o Darrell C. Dethlefs, Esquire, 2132 Market Street, Camp Hill, PA 17011 Defendido/a Por este medio se le esta notificando que el Pallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. 2013, el/la siguiente FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mann Realty, Inc. a/k/a Mann Realty Associates, Inc. c/o Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 F ILED-OF IC's 10F T h PROTHCN167TARY Darrell C. Dethlefs, Esquire 2013 MAY 13 PH 3' 46 I D#58805 Bryan W. Shook, Esquire CUMBERLAND COUNTY ID#203250 PENNSYLVANIA Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ABEL PERSONNEL, INC., Va IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant NOTICE OF APPEAL Notice is hereby given that Mann Realty Inc., a/k/a Man Realty Associates, Inc., Defendant in the above captioned matter, hereby appeals to the Superior Court of Pennsylvania from the Judgment entered in this matter on April 22, 2013 pursuant to the Verdict entered on December 3, 201,a and the April 11, 2013 Order. The judgment was entered upon the record on April 22, 2013, the Order was entered upon the record on April 11, 2013 and the Verdict was entered upon the record on December 3, 2012 as shown on the attached docket entries. A non-jury trial was held in this matter before the Honorable Judge Peck on November 27 and November 28, 2012. A notice of appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Respectfully submitted Date: Mcr�, 3. c2 O 13 By: ryan W. Shook, Esq. ID# 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 157. 0 O P CV 1#f c 13gy goe197 �� pe�r or .o✓/I ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE I hereby certify that I am, this day, serving the foregoing NOTICE OF APPEAL, upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Services by first class mail addressed as follows: Steven M. Williams, Esquire 240 North Third Street, 7t" Floor Harrisburg, Pennsylvania 17101 Telephone Number— (717) 234-5530 Attorney for Appellee Honorable Christylee Peck Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, Pennsylvania 17013 Judge of the Court of Common Pleas of the Ninth Judicial District Official Court Reporter Cumberland County Court of Common Pleas 1 Courthouse Square, Rm 301 Carlisle, Pennsylvania 17013 Official Court Reporter responsible for transcript Court Administrator Cumberland County Court of Common Pleas 1 Courthouse Square, Rm 301 Carlisle, Pennsylvania 17013 Court Administrator of the Court of Common Pleas of the Ninth Judicial District Respectfully Submitted Date: Q y J 3, 0/3 By: Bryan W. Shook, Esquire I.D. # 203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 PYS511 Cumberland County Prothonotary' s Office Page l Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Type . . . . . : CONTRACT - DEBT COLLEC Time . . . . . . . . . : 1 : 55 Judgmen . .. . . . : 54 , 130 . 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : ******************************************************************************** General Index Attorney Info ABEL PERSONNEL PLAINTIFF WILLIAMS STEVEN M 3356 PAXTON ST HARRISBURG PA 17111 MANN REALTY INC DEFENDANT GAULT JAMES G ATTN: BOB MUMMA KERR JOHN M 840 MARKET ST STE 164 LEMOYNE PA 17043 ******************************************************************************** Judgment Index Amount Date Desc MANN REALTY INC 6, 298 . 96 12/03/2012 VERDICT MANN REALTY INC 54130 . 03 411Z2012 ORDER OF MANN REALTY INC 54, 130 . 03 4/22/2013 JUDGMENT ON COURT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 3/14/2011 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 3/14/2011 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 3/14/2011 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT - BY JAMES G GAULT ATTY FOR DEFT - ------------------------------------------------------------------ 4/01/2011 COMPLAINT - BY PLFF - ---------------------------------- ---------------- ---------------- 4/26/2011 PRELIMINARY OBJECTIONS TO COMPLAINT - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 5/11/2011 PRAECIPE TO ENTER APPEARANCE - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 5/13/2011 AMENDED COMPLAINT - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 5/13/2011 CERTIFICATE OF SERVICE - AMENDED COMPLAINT UPON JAMES G GAULT ATTY FOR DEFT - BY ALISON A ZORTMAN LEGAL ASSISTANT FOR STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 6/02/2011 PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 6/15/2011 PRAECIPE FOR LISTING CASE FOR ARGUMENT -DEFENDANT' S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 6/15/2011 PLAINTIFF' S ANSWER TO DEFENDANT' S PRELIMINARY OBJECTIONS - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 7/20/2011 MOTION OF JAMES G GAULT ESQUIRE FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT MANN REALTY ASSOCIATES INC - BY JAMES G GAULT ATTY FOR DEF ------------------------------------------------------------------- 7/22/2011 ORDER DATED 7-22-11 IN RE MOTION OF JAMES GAULT FOR LEAVE AS COUNSEL IS **GRANTED** - DEFENDANT SHALL NOTIFY THE COURT AND OPPOSING COUNSEL WITHIN 14 DAYS - BY THE COURT ALBERT H MASLAND J- COPIES MAILED 7-25-11 ------------------------------------------------------------------- 7/26/2011 ORDER OF COURT - 7/25/11 - IN RE: DEFT' S PRELIMINARY OBJECTIONS TO PYS511 Cumberland County Prothonotary' s Office Page 2 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Typpe . . . . . : CONTRACT - DEBT COLLEC Time . . . . . . . 1 : 55 Judgment . . . . . . : 54 , 130 . 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : COMPLAINT - ORDERED THAT ALL OF DEFT' S PRELIMINARY OBJECTIONS ARE DISMISSED - DEFT IS GIVEN 20 DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO PLFF' S COMPLAINT - BY THE COURT - ALBERT H MASLAND J - COPIES MAILED 7/26/11 ------------------------------------------------------------------- 8/08/2011 PRAECIPE TO ENTER APPEARANCE - BY JOHN M KERR ATTY FOR DEFT - ------------------------------------------------------------------ 8/29/2011 DEFENDANT' S ANSWER TO AMENDED COMPLAINT - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------------------------------- 11/14/2011 MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 11/16/2011 ORDER - 11/16/11 - IN RE: PLFF' S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS - ORDERED THAT SAID MOTION IS GRANTED - DEFT SHALL PROVIDE FULL AND COMPLETE ANSWERS WITHOUT OBJECTIONS TO PLFF' S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 10 DAYS FROM THE DATE OF THIS ORDER - FURTHER ORDERED THAT DEFT IS LIABLE FOR ATTY' S FEES INCURRED BY PLFF IN CONNECTION WITH DEFT' S FAILURE TO TIMELY ANSWER THE DISCOVERY REQUESTS IN AN AMOUNT TO BE DETERMINED BY FURTHER ORDER AFTER PLFF PROVIDES TO THIS COURT DOCUMENTATION OF THE ATTY' S FEES SO INCURRED - BY THE COURT ALBERT H MASLAND J COPIES MAILED 11/16/11 ------------------------------------------------------------------- 11/21/2011 MOTION FOR ATTORNEYS FEES - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 12/01/2011 ORDER DATED 11-30-11 IN RE MOTION FOR ATTORNEYS FEES -MOTION IS **GRANTED** - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 12-1-11 ------------------------------------------------------------------- 1/09/2012 PETITION FOR APPOINTMENT OF ARBITRATORS - BY STEVEN W WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 1/19/2012 ORDER OF COURT - DATED JANUARY 19, 2012 - IN RE: APPOINTMENT OF ARBITRATORS - WAYNE SHADE ESQ CHAIRMAN GREGORY KATSHIR ESQ AND SHERI COOVER ESQ ALSO APPOINTED BY THE COURT KEVIN A HESS P J COPIES MAILED 1/19/2012 ------------------------------------------------------------------- 4/18/2012 AWARD OF ARBITRATORS - DATED 4/18/12 - IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE AMOUNT OF $26, 619 .47 PLUS COSTS AND INTEREST FROM APRIL 18, 2012 - BY WAYNE F SHADE ESQ CHAIRMAN - GREGORY J KATSHIR ESQ - SHERI D COOVER ESQ - COPIES MAILED 4/18/12 ------------------------------------------------------------------- 5/17/2012 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------ ------------------------- 5/23/2012 PRAECIPE/30/11 PD PLFF SUM OF M WILLLIAMS4ATTY FOR pLMFAFSLAND' S ----------------------------------------------- -------------------- 5/31/2012 PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 7/16/2012 MOTION TO WITHDRAW AS COUNSEL TO DEFENDANT - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------------------------------- 7/16/2012 PRETRIAL CONFERENCE - DATED JULY 11, 2012 - THE TRIAL IS SCHEDULED FOR MONDAY JULY 23 , 2012 AT 9 : 30 A M BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 7/16/2012 ------------------------------------------------------------------- 7/19/2012 ORDER OF COURT - DATED 7/19/12 - IN RE MOTION TO WITHDRAW AS COUNSEL TO DEFENDANT - GRANTED - DEFENDANT SHALL HAVE 21 DAYS TO SECURE COUNSEL - TRIAL IS CONTINUED UNTIL THE CIVIL TRIAL TERM COMMENCING ON 9/17/12 - BY THE COURT CHRISTYLEE L PECK J - COPIES ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary' s Office Page 3 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . : Filed. . . . . . . . : 3/14/2011 Case Ty pe . . . . . : CONTRACT - DEBT COLLEC Time . . . . . . . . . : 1 : 55 Judgmet .. . . . . : 54 , 130 . 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ---- -------- Case Comments ------------- Higher Crt 1 . : Higgher Crt 2 . : 8/06/2012 MOTION TO CONTINUE TRIAL - BY STEVEN M WILLIAMS ATTY FOR PLFFS ------------------------------------------------------------------- 8/10/2012 ORDER OF COURT DATED 8-9-12 IN RE PLAINTIFF' S MOTION TO CONTINUE TRIAL - RULE ISSUED UPON DEFT TO SHOW CAUSE - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE - BY THE COURT CHRISTYLEE L PECK J- COPIES MAILED 8-10-12 ------------------------------------------------------------------- 8/24/2012 ORDER OF COURT - 8/21/12 - IN RE: THIS MATTER WILL STAY ON THE TRIAL LIST PENDING THE RESOLUTION OF DEFT OBTAINING COUNSEL AND ANSWERING THE RULE TO SHOW CUASE AS TO WHY THE CONTINUANCE REQUEST SHOULD NOT BE GRANTED - BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 8/24/12 ------------------------------------------------------------------- 8/31/2012 MOTION TO MAKE RULE ABSOLUTE - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------ ------------------------------------------------------- 9/10/2012 ORDER OF COURT - 9/7/12 - IN RE: PLFF' S MOTION TO MAKE RULE ABSOLUTE - GRANTED - ORDERED THAT THIS CASE IS SPECIALLY LISTED FOR THE NOV 2012 JURY TRIAL LIST - JURY SELECTION TO BEGIN 9 : 30 AM 11/26/12 AND TRIAL TO BEGIN 11/27/12 @ 9 : 30 AM IN A COURTROOM TO BE DETERMINED BY THE COURT ADMIN - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 9/10/12 ------------------------------------------------------------------- 11/02/2012 ORDER OF COURT - 10/26/12 - IN RE: APPEAR FOR TRIAL - MATTER IS HEREBY LISTED FOR JURY TRIAL - JURY SELECTION TO BEGIN AT 9 : 30 AM 11/26/12 AND TRIAL TO COMMENCE ON 11/27/12 @ 9 : 30 AM IN CR TO BE DETERMINED BY THE COURT ADMINISTRATOR - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 11/2/12 ------------------------------------------------------------------- 12/03/2012 VERDICT - NON JURY TRIAL - DATED DEC 3 , 2012 - AFTER HAVING HEARD A NONJURY TRIAL ON NOV 27 & NOV 28 2012 THIS COURT HEREBY GRANTS JUDGMENT IN FAVOR OF PLFF AND AGAINST DEFT IN THE AMOUNT OF 2 8 PLUS INTEREST COSTS OFA THE MACTION R Y 11, AND REASONABLE PLFF' S ATTORNEY' S FEES IN AN AMOUNT TO BE DETERMINED BY FURTHER ORDER AFTER PLFF PROVIDES TO THIS COURT DOCUMENTATION OF THE ATTY' S FEES INCURRED BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 12/3/2012 ------------------------------------------------------------------- 12/OS/2012 ORDER OF COURT DATED 10-28-12 IN RE NONJURY TRIAL - BY THE COURT CHRISTYLEE L PECK J- COPIES MAILED 12-5-12 ------------------------------------------------------------------- 12/07/2012 PLAINTIFF' S POST-TRIAL MOTION TO MOLD VERDICT TO INCLUDE AN AWARD FOR ATTORNEYS FEES AND COSTS AND TO CORRECT INTEREST AWARD - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 12/13/2012 DEFENDANT' S POST-TRIAL MOTION FOR NEW TRIAL OR IN THE ALTERNATIVE A MODIFICATION OF THE VERDICT AND DEFENDANTS RESPONSE TO PLAINTIFF' S POST-TRIAL MOTION - BY DARRELL C DETHLEFS ATTY FOR DEFT ------------------------------------------------------------------- 12/13/2012 PRAECIPE - ENTER APPEARANCE - BY DARRELL C DETHLEFS ATTY FOR DEFT ------------------------------------------------------------------- 4/11/2013 ORDER OF COURT - DATED 04/11/13 - IN RE PLFFS POST-TRIAL MOTION TO MOLD VERDICT TO INCLUDE AN AWARD FOR ATTYS FEES AND COSTS AND TO CORRECT INTEREST AWARD AND DEFTS POST TRIAL MOTION FOR NEW TRIAL OR IN THE ALTERNATIVE A MODIFICATION OF THE VERDICT AND DEFTS RESPONSE TO PLFFS POST TRIAL MOTION - DEFTS MOTION IS DENIED ***** PLFFS MOTION IS GRANTED - THE VERDICT ENTERED ON 12/03/12 IS HEREBY AMENDED TO INCLUDE 1) ATTYS FEES IN THE AMOUNT OF $45, 558 . 00 THROUGH THE DATE OF PLFFS MOTION 2) COURT AND OTHER LEGAL COSTS IN THE AMOUNT OF $795 . 66 3) PRE-JUDGMENT INTEREST THROUGH 11/27/12 IN THE AMOUNT OF $1477 . 41 4) ADDITIONAL PRE-JUDGMENT INTEREST ON THE AMOUNT OF $6298 . 96 AT A RATE OF 6% PER ANNUM FROM 11/28/12 UNTIL THE DATE OF THIS ORDER AND 5) POST-JUDMENT INTEREST AT THE RATE OF 6% PER ANNUM FROM THE DATE OF THIS ORDER UNTIL THE JUDGMENT IS PAID - JUDGMENT IS ENTERED IN FAVOR OF PLFF AND AGAINST DEFT IN THE TOTAL AMOUNT OF $54 , 130 . 03 - PYS511 Cumberland County Prothonotary' s Office Page 4 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . : Filed. . . . . . . . . 3/14/2011 Case Type . . . . . : CONTRACT - DEBT COLLEC Time . . . . . . : 1 : 55 Judgment. . . . . . : 54 30 . 03 Execution Date 0/00/0000 Hl Judge Assigned: PECK CHRIYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ---------- -- Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : BY THE COURT CHRTSTYLEE L PECK J - COPIES MAILED 4/11/13 ------------------------------------------------------------------- 4/22/2013 PRAECIPE FOR ENTRY OF JUDGMENT AND JUDGMENT ENTERED IN THE AMOUNT OF $54 , 130 . 03 PLUS PRE-JUDGMENT INTEREST IN THE AMOUNT OF $6298 . 96 PLUS THE COSTS OF THIS ACTION AND POST-JUDGMENT INTEREST PURSUANT TO ORDER OF COURT DATED 04/11/13 - BY STEVEN M WILLIAMS ATTY FOR PLFF -------------------------------------------------------- ----------- 4/22/2013 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 4/22/2013 EXEMPLIFIED RECORD FOR DAUPHIN COUNTY - BY ALLISON ZORTMAN/LEGAL ASSIST FOR PLFFIS ATTY - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - Escrow Information Fees & Debits BeV*Bal***Pymts/Adi End Bal APPEAL D.J. 55 . 00 55 . 00 . 00 TAX ON APPEAL .25 . 25 . 00 SETTLEMENT 8 . 00 8 . 00 . 00 AUTOMATION FEE 5 . 00 5 . 00 . 00 JCP FEE 23 . 50 23 . 50 . 00 APPT OF ARBTTRA 28 . 50 28 . 50 . 00 APPEAL ARBITRAT 416 . 50 416 . 50 . 00 PRAECIPE TRIAL 29 . 75 29 . 75 * 00 JDMT 16 . 50 16 . 50 . 00 EX RECORD 19 . 00 19 . 00 . 00 ------------------------ ------------ 602 . 00 602 . 00 . 00 End of Case Information TRUE COPY FROM RECORD In Testimony whereof,:l.her6 unto set my hand and the of said at.Cadisle,Pa. .20 46u>perior Court of pennop1bania Karen Reid Bramblett,Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O.Box 62435 Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600 Deputy Prothonotary Harrisburg,PA 17106-2435 May 15, 2013 (717)772-1294 www.pacourts.us Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Abel Personnel, Inc. t/a Abel Temps V. Mann Realty Inc. a/k/a Man Realty Associates, Inc. Appellant 853 MDA 2013 Trial Court Docket No: 11-3025 Civil Dear David D. Buell: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /alv Enclosure 11-:21 A,M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 853 MDA 2013 Page 1 of 2 Secure May 15, 2013 CAPTION v Abel Personnel, Inc. t/a Abel Temps V. Mann Realty Inc. a/k/a Man Realty Associates, Inc. Appellant CASE INFORMATION' , Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: May 15, 2013 Awaiting Original Record Journal Number: Case Category: Civil Case Type(s): Civil Action Law CONSOLIDATED CASES RELATED CASESr _ �m . SCH)*DULED;EVENT . t a" G,� w t. . , I, a . Next Event Type: Receive Docketing Statement Next Event Due Date: May 29, 2013 Next Event Type: Original Record Received Next Event Due Date: July 12, 2013 COtNSEL'INFORMATION Appellant Mann Realty Inc. a/k/a Man Realty Associates, Inc. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Shook, Bryan William Bar No: 203250 Law Firm: Dethlefs-Pykosh Law Group, LLC Address: Dethlefs Pykosh Law Group Llc 2132 Market St Camp Hill, PA 17011 Phone No: (717) 975-9446 Fax No: Receive Mail: Yes Receive EMail: Yes EMail Address: bshook @dplglaw.com Appellee Abel Personnel, Inc. t/a Abel Temps Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Williams, Steven Moreno Bar No: 062051 Law Firm: Cohen, Seglias, Pallas, Greenhall & Furman, P.C. Address: 240 N Third St 7th FI Harrisburg, PA 17101 Phone No: (717) 234-5530 Fax No: (717)213-0731 Receive Mail: Yes Receive EMail: Yes EMail Address: swilliams @cohenseglias.com 11:21 AJV. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 853 MDA 2013 Page 2 of 2 Secure May 15, 2013 W MA FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 05/15/2013 Notice of Appeal 73.50 05/15/2013 2013-SPR-M-000417 73.50 'COURT INF AGENCY I bkMlObW rrR AL Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: April 22, 2013 Judicial District: 09 Documents Received: May 15, 2013 Notice of Appeal Filed: May 13, 2013 Order Type: Judgment Entered OTN(s): Lower Ct Docket No(s):11-3025 Civil Lower Ct Judge(s): Peck, Christylee L. Judge iK , ORIGINAL RECORD CONTENT N -Y Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None ENTRY Filed Date Docket Entry Representing Participant Type Filed By May 15, 2013 Notice of Appeal Docketed Appellant Mann Realty Inc. a/k/a Man Realty Associates, Inc. May 15, 2013 Docketing Statement Exited (Civil) Middle District Filing Office ABEL PERSONNEL, INC., IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., Defendant NO. 11-3025 CIVIL TERM ORDER OF COURT AND NOW, this 17`h day of May, 2013, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Errors Complained of on Appeal no later than 21 days after entry of this Order. Any issues not properly included in the statement timely filed and served pursuant to this order shall be deemed waived. BY THE COURT, . /11 ZC4 Chr*stylee L. Peck, J. Steven M. Williams, Esq. . 240 North Third Street, 7`h Floor -` Harrisburg, PA 17101 M� Attorney for Plaintiff /Darrell C. Dethlefs, Esq. sa 6") . Bryan W. Shook, Esq. c ., Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant I/ (� Court Administrator — ".'6'.L C'.o i es t7z�t LC rr7 .�.G -2t rT7 rte— N CQ � Cam,- - t ?fit Darrell C. Dethlefs, Esquire I D#58805 Bryan W. Shook, Esquire ID#203250 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant DEFENDANT'S MOTION TO ESCROW APPEAL SECURITY AND NOW, comes the Defendant, Mann Realty Inc., a/k/a Mann Realty Associates, Inc., by and through their legal counsel, Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire and Bryan W. Shook, Esquire, who, pursuant to Pa. R.A.P. 1731-1734 and in support thereof states: 1. Plaintiff, Abel Personnel, Inc., t/a Abel Temps, is a Pennsylvania Corporation with offices located at located at 3356 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17111. 2 2. Defendant, Mann Realty Associates, Inc., is a Pennsylvania Corporation with offices located at 614 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 3. A non-jury trial was held on November 27 and November 28, 2012 before the Honorable Judge Peck. 4. On December 3, 2012, a verdict was signed by Judge Peck awarding Plaintiff judgment in the amount of$6,298.96 plus costs and interest. 5. The December 3, 2012 verdict also awards to Plaintiff its reasonable attorney's fees. 6. On December 7, 2012 Plaintiff filed a Motion for Post-Trial relief to mold verdict to include an award for attorney's fees and costs and to correct interest award. 7. On December 13, 2012, Defendant, by and through its undersigned counsel filed a Motion for Post-Trial Relief. 8. On April 11, 2013, Judge Peck granted Plaintiff's Motion for Post-Trial Relief and denied Defendant's Motion for Post-Trial Relief. 9. On April 22, 2013, Judgment was taken by Plaintiff in the amount of $54,130.03 plus pre judgment interest in the amount of $6,298.96 plus costs of this action and post-judgment interest at the rate of six percent (6%) per annum from April 11, 2013. 10.On May 13, 2013, Defendant filed a Notice of Appeal from the April 22, 2013 Judgment taken from the December 3, 2012 Verdict as well as the April 11, 2013 Order of Judge Peck. 3 11.Pursuant to Pa. R.A.P. 1735 Defendant is herewith depositing a sum equal to the amount of$73,010.31 an amount sufficient to cover 120% of the Judgment total. 12.Pursuant to Pa. R.A.P. 1731(a), Defendant requests that this Honorable Court accept the aforementioned irrevocable letter of credit and order the same. to operate as a supersedeas. WHEREFORE, Defendant respectfully requests that this Honorable Court order the Prothonotary of Cumberland County to hold the $73,010.31 deposited herewith to operate as a supersedeas pursuant to Pa. R.A.P.1731(a), to be released only upon order of the Court. Respectfully Submitted: Date: Da I C. Dethlefs, Esquire D# 58805 Bryan W. Shook, Esquire D # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 Attorneys for Defendant 4 ABEL PERSONNEL, INC., Va IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion to Escrow Appeal Security, was hereby served by depositing the same within the custody of the USPS 1St Class Mail, postage prepaid, addressed as follows: Steven M. Williams, Esquire 240 N. 3`d St., 7th Floor Harrisburg, PA 17101 Respectfull Submitted* Date: )V"a013 Bryan ff Shook,lEsquire ID# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 BShook _dplglaw.com Attorney for Defendant O 5 ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM CD MANN REALTY, INC., a/k/a ' MANN REALTY -T, CO ASSOCIATES, INC., CIVIL ACTION — LAW Defendants N _t c, Q-I CERTIFICATE OF CONCURRENCE DEFENDANT'S .MOTION TO ESCROW APPEAL SECURITY .= Please be advised that after receipt and review of Defendant's Motion to Escrow Appeal Security, Plaintiff, through its counsel, has contacted Defendant's counsel and has indicated that they do not oppose the Motion. Respectf y Submi Date: 1�0„ 2 3, 2013 Darr C. Dethl fs, Esquire D# 58805 Bryan W. Shook, Esquire D # 203250 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 Attorneys for Defendant 1 ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS . ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 —CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Certificate of Concurrence was hereby served by depositing the same within the custody of the USPS 1 st Class Mail, postage prepaid, addressed as follows: Steven M. Williams, Esquire 240 N. 3rd St., 7th Floor Harrisburg, PA 17101 Respectfully Submitt Date: 1'��;, 3, a.0 r 3 Bira_pM. Shook, Esquire ID# 203250 2132 Market Street Camp Hill, Pennsylvania 17011 717-975-9446 BShookCa�dplglaw.com Attorney for Defendant 2 Darrell C. Dethlefs, Esquire l�Y _ � I D#58805 + Bryan W. Shook, Esquire I D#2033 250 CUMBERLAND CQUIKFT r Dethlefs-Pykosh Law Group, LLC PENNSYLVANIA 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 —CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes the Defendant, Mann Realty, Inc. a/k/a Mann Realty Associates, Inc., by and through their legal counsel, Darrell C. Dethlefs, Esquire and Bryan W. Shook, Esquire, who file this Concise Statement of Matters Complained of on Appeal pursuant to Pa.R.A.P. 1925(b), as Ordered by this Honorable Court on May 17, 2013, docketed on May 17, 2013 and served upon the undersigned May 17, 2013: 1. The Court erred as a matter of law when it concluded that Plaintiff was entitled to their reasonable attorney's fees in this action. 2. Assuming arguendo that the Court properly found that there was a clear agreement of the parties to provide for fee shifting, the Court erred as a matter of law when it did not conduct an evidentiary hearing on the reasonableness of Plaintiff's counsel's claim for attorney's fees. 3. The Court erred as a matter of law when it concluded that Plaintiff's claimed attorney's fees of $46,698.00 were reasonable given the $6,298.96 in controversy. 4. The Court erred as a matter of law when it concluded that there existed an agreement between Plaintiff and Defendant, when at trial Defendant's President testified that it was not Defendant who contracted with Plaintiff and Plaintiff offered no evidence to refute this. Respectfully ubmitt d: Date: B Darrell C.FI)—,&tKlefs, Esquire (58805) Bryan W. Shook, Esquire(203250) 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 v w • ABEL PERSONNEL, INC., Va IN THE COURT OF COMMON PLEAS ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No.: 11-3025 — CIVIL TERM MANN REALTY, INC., a/k/a MANN REALTY ASSOCIATES, INC., CIVIL ACTION — LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Concise Statement of Matters Complained of on Appeal, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: Steven M. Williams, Esquire 240 North Third Street, 7t" Floor Harrisburg, Pennsylvania 17101 Telephone Number— (717) 234-5530 Attorney for Appellee Honorable Christylee Peck Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, Pennsylvania 17013 Court Administrator Cumberland County Court of Common Pleas 1 Courthouse Square, Rm 301 Carlisle, Pennsylvania 17013 Respectfully Submitted, Dated: 3/3 By: B W. Shook, Esquire ABEL PERSONNEL, INC., IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW MANN REALTY, INC., t/d/b/a MANN REALTY ASSOCIATES,: INC., Defendant NO. 11-3025 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ESCROW APPEAL SECURITY ORDER OF COURT AND NOW, this 4`h day of June, 2013, upon consideration of Movant's Mann Realty, Inc., a/k/a Mann Realty Associates, Inc., Motion To Escrow Appeal Security, and with no objection from Steven M. Williams, Esq., attorney for Plaintiff, it is hereby ORDERED and DIRECTED that the Movant's Motion is GRANTED and the Prothonotary is ORDERED to hold Defendant's $73,010.31 as a supersedeas pursuant to Pa. R.A.P. 1731(a). It is further ORDERED that said deposited amount into an interest- bearing account is to be released only upon Order of Court. BY THE COURT, / �i J i' " t Christylee L. Peck, J. Steven M. Williams, Esq. 240 N. Third Street, 7a'Floor Harrisburg, PA 17101 �s Attorney for Plaintiffs-; �- Darrell C. Dethlefs, Esq. ? r{f �1 Bryan W. Shook, Esq. ;. 2132 Market Street Camp Hill, PA 17011 Attorneys for Defendant RECEIPT FOR PAYMENT -------------------- -------------------- Cumberland County Prothonotary' s Office Receipt Date 6/06/2013 Carlisle, Pa 17013 Receipt Time 9 : 01: 09 Receipt No. 291457 ABEL PERSONNEL 3356 PAXTON ST HARRISBURG, PA 17111 ABEL PERSONNEL (vs) MANN REALTY INC Case Number 2011-03025 Received of DEP IN MIDPENN BANK - 05-05-13 ACCT #17003708 - PAYEE #3978 Total Non-Cash. . . . . + . 00 Total Cash. . . . . . . . . + 73 , 010 . 31 Change. . . . . . . . . . . . . - . 00 Receipt total . . . . . . = $73 , 010 . 31 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount BOND 73, 010 . 31 17003708 - 10-9999 $73, 010 .31 _1.� Y!? :'A?T .:- F!T .,c:'"YY :.:.:,=YTG :.;-YrY' ..:......Fri _.,.=YTY ...£. 4T4 , YTY—.:� - Yf4 -,. —7�'Z=•- 'YTY--' ZTY- ...�.'' WLIJ T > _l:- 00006772 ° BANK ��.�>> '_lCl�l ' p p 3801 PAXTON STREET w If fi °z�-- HARRISBURG,PA 17111 60-184 V �w�ui 313 1 W I=mw° May 21 , 2013 dr >2 p : DATE Z �mWO PAY Prothonotary of Cumberland County 72, 998.22 j i� a o TO THE ORDER OF D Uzw DOLLARS oujwo R00 LEA. �_=r ~z ' app Judgment Doc. No. 2011 -3025 IV LL RE: 9 h'0000 6 7 7 211' 1:0 3 L30 L$4EI: ' S L 90009 2 LII' f u DETHLEFS-PYKOSH LAW GROUP Pfac Dank,N.A. oao �4030 GENERAL ACCOUNT so 1273/313 2132 MARKET ST 3953 CAMP HILL, PA 17011-4706 -aa_0203 PH.'(717)975.9446 m o PAY TO THE I I 1 r ) / -" x ORDER OF PRO 7 FvnOfgK O C�►r'bttilj>.,id GDt�nj � � 0 /00 _ DOLLARS V ID)AFTER 180 DAYS MEMO R[a I}, .�D fl^ate LITHO IZED SIGNATURE 11401403011' 1:0313127381: 500 3 7 48 3 2 411° : . r Transaction Receipt +'P Receipt is for your checking account MID PENN BANK unless otherwise indicated below: 1-866.642-7736( midpennbank.com O IVIVIDA 0 Savings 0 Loan Payment 0 Other: Bank Date! Amount of Teller Time Transaction Nbr. Transaction o5 -t�- 0 -36015' 6755P17 351 60513#0199 $73010.31 D This is gear atitciai transaction receipt and,,hou3S be held until 4.¢fied,,nh your next bunk statement_All deposit transactions are subject to term,and conditions printed on the deposit ticket-the detail of,our transaction are printed abo,e.Member FDIC.Equal Housing Lander. BRH1601 t ABEL PERSONNEL, INC., IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW MANN REALTY, INC., t/d/b/a MANN REALTY ASSOCIATES,: INC., Defendant NO. 11-3025 CIVIL TERM IN RE: DEFENDANT'S MOTION TO ESCROW APPEAL SECURITY ORDER OF COURT AND NOW, this 4t' day of June, 2013, upon consideration of Movant's Mann Realty, Inc., a/k/a Mann Realty Associates, Inc., Motion To Escrow Appeal Security, and with no objection from Steven M. Williams, Esq., attorney for Plaintiff, it is hereby ORDERED and DIRECTED that the Movant's Motion is GRANTED and the Prothonotary is ORDERED to hold Defendant's $73,010.31 as a supersedeas pursuant to Pa. R.A.P. 1731(a). It is further ORDERED that said deposited amount into an interest- bearing account is to be released only upon Order of Court. BY THE COURT, Christyl L. Peck, J. ✓Steven M. Williams, Esq. -9 240 N. Third Street, 7t' Floor Harrisburg, PA 17101 ' Attorney for Plaintiff .. n» "'?� �arrell C. Dethlefs, Esq. p� Bryan W. Shook, Esq. 2132 Market Street Camp Hill, PA 17011 Attorneys for Defendant Q &- r ABEL PERSONNEL, INC., t/a IN THE COURT OF COMMON PLEAS OF ABEL TEMPS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Cz V. CIVIL ACTION - LAW MANN REALTY, INC., a/k/a -<> ` MANN REALTY ASSOCIATES, INC., c Defendant. NO. 11-3025 CIVIL TERM IN RE: OPINION PURSUANT TO PA.R.A.P. 1925 Peck, J., August 9, 2013. After a three day bench trial on the merits of a breach of contract claim brought by Abel Personnel, Inc., t/a Abel Temps ("Plaintiff') against Mann Realty, Inc., a/k/a Mann Realty Associates, Inc. ("Defendant"), this Court found in favor of Plaintiff and against Defendant! Defendant's timely appeal followed, and pursuant to this Court's direction, Defendant filed the following concise statement of errors complained of on appeal: 1. The Court erred as a matter of law when it concluded that Plaintiff was entitled to their reasonable attorney's fees in this action. 2. Assuming arguendo that the Court properly found that there was a clear agreement of the parties to provide for fee shifting, the Court erred as a matter of law when it did not conduct an evidentiary hearing on the reasonableness of Plaintiff's counsel's claim for attorney's fees. 3. The Court erred as a matter of law when it concluded that Plaintiff's claimed attorney's fees of $46,698.00 were reasonable given the $6,298.96 in controversy. 4. The Court erred as a matter of law when it concluded that there existed an agreement between Plaintiff and Defendant, when at trial Defendant's President testified that it was not Defendant who contracted with Plaintiff and Plaintiff offered no evidence to refute this.2 Pursuant to Pa.R.A.P. 1925(a), this opinion is written in support of this Court's judgment. ' In Re: Verdict (Dec. 3, 2012); In Re: Pl.'s Post-Trial Mot. to Mold Verdict to Include an Award for Atty's Fees and Costs and to Correct Interest Award and Def.'s Post Trial Mot. for New Trial or, in the Alt., a Mod. of the Verdict and Def's Resp.to Pl.'s Post Trial Mot.,Order of Ct. (Apr. 11, 2013). 2 Notice of Appeal (May 13, 2013); Order of Ct. (May 17, 2013); Concise Stmt. of Matters Compl. of on Appeal(June 3, 2013). PROCEDURAL HISTORY This case has been outstanding for quite some time and has taken time to reach trial. Some of the extensive procedural history is included in this opinion to provide the appellate court with a frame of reference as to the attorney's fees incurred by Plaintiff in advancing its claim. On February 22, 2011, Magisterial District Judge Barbara A. Clare entered a judgment in favor of Plaintiff and against Defendant in the amount of $8,171.54.3 On March 14, 2011, Defendant appealed the judgment to this Court.4 Plaintiff filed a complaint on April 1, 2011, to which Defendant filed preliminary objections.' In response, Plaintiff filed an amended complaint to which Defendant again filed preliminary objections.6 Thereafter, this Court dismissed Defendant's preliminary objections.7 Defendant answered the amended complaint on August 29, 2011.8 On August 31, 2011, Plaintiff served written discovery requests on Defendant.9 After Defendant failed to answer, Plaintiff filed a motion to compel Defendant to answer.10 This Court ordered Defendant to answer Plaintiffs discovery requests, however, Defendant refused to answer.'1 On December 1, 2011, this Court ordered 3 Notice of J./Tr. Civil Case(Feb. 22,2011). 4 Notice of Appeal(filed Mar. 14,2011). 5 Compl. (filed Apr. 1, 2011); Prelim. Objs.to Compl. (filed Apr. 26, 2011). 6 Am. Compl. (filed May, 13,2011); Prelim. Objs.to Am. Compl. (filed June 2,2011). 7 In Re: De£'s Prelim. Objs.to Compl., Order of Ct. (filed July 26,2011). 8 De£'s Answer to Am. Compl. (filed Aug. 29, 2011). 9 Pl.'s Ex. 8. io Mot.to Compel Answer to Disc. Reqs. (filed Nov. 14, 2011). I' Order(filed Nov. 16,2011);Mot. for Att'y's Fees(filed Nov. 21,2011). 2 Defendant pay the sum of$1,140.00 to Plaintiff as a sanction for its refusal to answer.12 Defendant paid the sanctioned amount in May 2012, and answered Plaintiffs discovery request on October 16, 2012, but only after being again ordered to do so by this Court.13 On January 9, 2012, Plaintiff filed a Petition for Appointment of Arbitrators.14 The Board of Arbitrators entered its award on April 18, 2012 in favor of Plaintiff in the amount of$26,619.47, plus costs and interest from April 18, 2012.15 Defendant appealed and demanded a jury trial.16 On May 31, 2012, Plaintiff filed a praecipe to list this case for the July 2012 jury trial term.17 On July 11, 2012, this Court held a scheduled pre-trial conference." Without notice or excuse, Defendant failed to appear at the conference.19 This Court granted Defendant and Plaintiff each a continuance of the trial.20 On October 26, 2012, this Court held a scheduled pre-trial conference.21 Again, without notice or excuse, Defendant failed to appear at the conference.22 12 Order(filed Dec. 1, 2011). 13 Praecipe (filed May 23, 2012); Pl.'s Ex. 9; In Re: Pl.'s Mot. to Make Rule Absolute, Order of Ct. (filed Sept. 10, 2012). 14 Pet.For Appt. of Arbitrators(filed Jan. 9,2012). 15 Oath,Award,Notice of Entry of Award(filed Apr. 18,2012). 16 Notice of Appeal from Award of Bd. of Arbitrators(filed May 17,2012). 17 Praecipe for Listing Case for Trial(filed May 31,2012). 18 Pretrial Conf. (filed July 16, 2012). 19 Pretrial Conf. (filed July 16,2012). 20 In Re: Mot. to Withdraw as Counsel to Def., Order of Ct. (filed July 19, 2012); In Re: Pl.'s Mot. to Cont.Trial,Order of Ct. (filed Aug. 10,2012). 21 In Re: Appear for Trial,Order of Ct.(filed Nov. 2, 2012). 22 In Re: Appear for Trial, Order of Ct. (filed Nov. 2,2012). 3 i On November 26, 2012, the designated day for jury selection in this case, Plaintiff appeared in court.23 Without notice or excuse, Defendant did not appear at, nor was it ready for, trial.24 Robert Mann Mumma, II, the owner of Defendant, appeared on his own behalf and not as a representative of Defendant.25 Plaintiff, therefore, requested that this Court deem Defendant's jury demand to be waived pursuant to Pa.R.C.P. 1007.1 (c)(2), which request was granted.26 On November 27 and November 28, 2012, this Court held the non jury trial.27 On December 3, 2012, this Court entered a verdict in favor of Plaintiff and against Defendant for the full amount of the claim sought by Plaintiff, $6,298.96, plus interest, together with reasonable attorney's fees to be determined by further order of court upon Plaintiff providing documentation of reasonable attorney's fees incurred.28 Upon receiving documentation of the attorney's fees incurred, this Court molded the verdict to include an award of$45,558.00 in reasonable attorney's fees.29 STATEMENT OF FACTS Plaintiff is an employment agency that places both temporary and permanent employees with various employers.30 Deborah Abel is Plaintiff's president.31 In 2008, 23 Notes of Testimony at 4, (filed June 14,2013)(hereinafter"N.T. at 24 N.T. at 23. 25 N.T. at 5-6, 18, 27,44; Mr. Mumma wasn't counsel to Defendant nor was counsel obtained to represent Defendant despite this Court ordering him to do so. 26 N.T. at 23. 27 In Re:Nonjury Trial(filed Dec. 5,2012);N.T. at 1-166. 28 In Re: Verdict(filed Dec. 3, 2012). 29 In Re: Pl.'s Post-Trial Mot. to Mold Verdict to Include an Award for Att'y's Fees and Costs and to Correct Interest Award and De£'s Post Trial Mot. for New Trial or, in the Alt., a Mod. of the Verdict and De£'s Resp.to Pl.'s Post Trial Mot., Order of Ct. (Apr. 11,2013). 30 N.T. at 40-41. 3' N.T. at 80. 4 Barbara Issacman and Barbra Karr were employed as recruiters at Plaintiff.32 Defendant had been Plaintiff s client since April 2005.33 Mr. Mumma is the owner of Defendant.34 on September 19, 2008, Mr. Mumma contacted Ms. Issacman and orally engaged Plaintiff to locate and provide an employee for Defendant.35 Shortly thereafter, Ms. Karr sent the resume of Joyce Shelburne for Mr. Mumma's consideration.36 Mr. Mumma interviewed Ms. Shelburne for the position at Defendant and then notified Plaintiff that he would like to hire Ms. Shelburne.37 Before Ms. Shelburne was hired, Defendant agreed to pay Plaintiff the amount of$30.88.for each regular hour Ms. Shelburne worked, and $46.32 for each overtime hour Ms. Shelburne worked.38 After Ms. Shelburne's interview, Mr. Mumma requested and was provided with Plaintiffs Clerical Staffing Policy Temp-to-Perm Policy ("TTP Policy"), which set out the terms of Plaintiffs engagement.39 Ms. Karr testified that Defendant also had received the TTP Policy in connection with a prior employee placement that Plaintiff had completed for Defendant.40 Plaintiff provided Defendant with times sheets ("Time Sheets") to be completed weekly.41 Ms. Abel testified that Defendant also had received the Time Sheets in connection with prior employee placements that Plaintiff had 32 N.T. at 40, 52, 81. 33 N.T. at 53, 80. 34 N.T. at 44. " 48-49, 104, 109;Pl.'s Ex. 2. 36 N.T. at 55. 37 N.T. at 56. "N.T. at 87-88. 39 N.T. at 42-43, 53, 82;Pl.'s Ex. 1. 40 N.T. at 53, 82. 41 N.T. at 61, 83;Pl.'s Ex. 3. 5 completed for Defendant.42 By signing the Time Sheets, Defendant certified that the hours Ms. Shelburne worked were correct, that Ms. Shelburne's work was satisfactorily performed, and that Defendant would pay Plaintiff's invoices when received.43 Further, the TTP Policy, provided that invoice payments were due in ten days, that payments received after thirty days were subject to interest, and that any enforcement action included the right to reasonable attorney's fees and costs.44 Ms. Shelburne was hired on a temp-to-perm basis for the position at Defendant.45 Ms. Shelburne documented the hours she worked on the Time Sheets.46 According to Ms. Shelburne, Mr. Mumma or an individual authorized by Mr. Mumma then signed the completed Time Sheets on behalf of Defendant.47 The signed Time Sheets were provided to Plaintiff.48 During the period between October 28, 2008 through January 6, 2009, Plaintiff sent eleven invoices to Defendant for the hours worked by Ms. Shelburne, as reflected on the signed Time Sheets.49 Defendant paid in full the following invoices: 55996 - October 25, 2008; 56065 -November 1, 2008; 56213-November 15, 2008; 42 N.T. at 80, 83. 43 N.T. at 60-61; 69; Pl.'s Ex. 3 (Pl.'s Ex. 3 is a blank Time Sheet reflecting what was displayed on the front and back of each of the Time Sheets in Pl.'s Ex.4 that was signed by Defendant on a weekly basis). 44 N.T. at 82-83;Pl.'s Ex. 1. 45 N.T. at 56, 58, 81. 46 N.T. at 69;Pl.'s Ex. 4. 47 N.T. at 69-70;Pl.'s Ex. 4. 4s N.T. at 69-71;Pl.'s Ex. 4. 49 N.T. at 85-86, 88; Pl.'s Exs. 4-5. 6 56281-November 22, 2008; and, 56372-November 28, 2008.50 Defendant did not pay in full the following invoices: 56129 -November 7, 2008; 56436 - December 5, 2008; 56529 - December 12, 2008; 56616 - December 19, 2008; 56702 - December 26, 2008; and, 56776 - January 3, 200951 In December, 2008, Ms. Shelburne gave two weeks notice to Defendant and continued working for Defendant until January 2, 2009.52 Defendant never objected or complained to Plaintiff regarding any of the invoices.53 After Ms. Shelburne gave her two weeks notice, however, Defendant failed to pay the above indicated invoices despite having signed the corresponding Time Sheets.54 The amount of invoices that Defendant refused to pay totaled $6,298.96.55 DISCUSSION This Court, as the finder of fact, is entitled to weigh the evidence and assess the credibility of the witnesses presented at trial, and this Court may believe all, part, or none so N.T. at 86; Pl.'s Exs.4-7. s' N.T. at 86;Pl.'s Exs.4-7. 12 N.T. at 58, 75-76,94. "N.T. at 86, 89, 94. 14 N.T. at 86, 89,94; comparing Pl.'s Ex. 4 with Pl.'s Ex. 5; Ex. 6(reflecting the unpaid invoices). 55 N.T. at 89; See also Pl.'s Ex. 6(reflecting the amount due, less the two finance charges). 7 of the evidence. Williamson v. Williamson, 586 A.2d 967, 972 (Pa. Super. 1991). At trial, Plaintiff introduced the testimony of Ms. Abel, Ms. Issacman, Ms. Karr, and Ms. Shelburne, all of whom this Court found to be credible. The Defendant presented no case. Mr. Mumma testified on his own behalf. Although Mr. Mumma's testimony was informative, this Court found it to be less credible than the testimony of the witnesses presented by Plaintiff. This Court will now address the issues raised by Defendant in its concise statement by starting with an examination of Plaintiffs entitlement to attorney fees, followed by an analysis of the reasonableness of those fees, then by a discussion regarding whether an evidentiary hearing was necessary, and conclude by examining the parties to the agreement. Plaintiff was entitled to reasonable attorney's fees "The general rule in this Commonwealth is that there is no recovery of attorney's fees from an adverse party in the absence of an express statutory authorization, clear agreement between the parties, or the application of a clear exception." Bane v. Smith, 965 A.2d 265, 267 (Pa. Super. 2009). In the present case, a clear agreement existed between the parties that provided for fee-shifting. The basic elements of a contract consist of an offer, acceptance and consideration. Koken v. Steinberg, 825 A.2d 723, 729 (Pa. Commw. Ct. 2003). There was an offer by Plaintiff to place Ms. Shelburne with Defendant. Defendant agreed and hired Ms. Shelburne. As consideration for the placement, Defendant agreed to pay Plaintiff the amount of$30.88 for each regular hour Ms. Shelburne worked, and $46.32 for each overtime hour Ms. Shelburne worked. The TTP Policy and Time Sheets each contained the essential terms of Plaintiffs engagement 8 by Defendant and together constituted a contract between Plaintiff and Defendant. The TTP Policy that was provided to Defendant stated in pertinent part: Your [i.e., Defendant's] acceptance of referrals from this agency [i.e.,Plaintiff] constitutes your agreement with the above fee schedule of service charges and terms. Payments received after 30 days are subject to interest. Any action brought to enforce these terms shall include the right to reasonable attorney's fees and costs whether suit is filed or not including attorney's fees and costs on any appeals. Pl.'s Ex. 1 (admitted at trial, N.T. at 95). In addition, each of the Time Sheets that Defendant signed and returned to Plaintiff stated in pertinent part: The customer will pay the invoice for these hours when received. The customer [Le., Defendant] agrees that failure to pay invoices when received will result in late charges, and that if the invoice is placed for collection, court costs and legal fees will be added to the total. Pl.'s Ex. 3 and 4 (admitted at trial, N.T. at 95). Clearly, this agreement provided for fee- shifting. Defendant materially breached the contract when it failed to pay the amounts invoiced by Plaintiff, despite having signed the corresponding Time Sheets. Defendant's breach began December 11, 2008, thirty days from the date of the November 11, 2008 invoice numbered 56129.$6 This Court, therefore, correctly awarded attorney's fees and costs to Plaintiff, the prevailing party, as provided for by the parties' clear agreement. Defendant contends in its post-trial motion that the contract was not valid, that it was one of adhesion, and that the fee-shifting provision of the contract was unconscionable.57 This Court disagrees. 16 N.T. at 92;Pl.'s Exs. 5-6. 5'Def.'s Post Trial Mot. for New Trial or, in the Alt., a Mod. of the Verdict and Def.'s Resp.to Pl.'s Post Trial Mot., Order of Ct.,$$19,21 (Dec. 13,2012). 9 "Whether a contract is, in fact, an adhesion contract must be determined on an individual basis, in light of the particular circumstances and parties involved." Denlinger, Inc. v. Dendler, 608 A.2d 1061, 1067 (Pa. Super. 1992). "The fundamental nature of this type of contract is such that the consumer who is presented with it has no choice but to either accept the terms of the document as they are written or reject the transaction entirely." Todd Heller, Inc. v. United Parcel Sery Inc., 754 A.2d 689, 700 (Pa. Super. Ct. 2000). "Under such a contract, the parties are usually not of equal bargaining power and the weaker party must adhere to the terms of a form contract which are not negotiable. In other words, its terms are not bargained for but rather dictated ... Not every such contract is necessarily unconscionable." Id. (citing Rudolph v. Pennsylvania, 717 A.2d 508, 511 (Pa. 1998). In the present case, there was no testimony that the terms of the contract were non-negotiable, or that it was futile for Defendant to even ask about modifying the contract's terms and conditions. Defendant was not forced to acquiesce to the form contract and could have obtained similar services elsewhere. Nor was this is a situation where the parties are of unequal bargaining power. In the present case, neither party was a consumer but, rather, Plaintiff and Defendant are commercial enterprises. Even if it is assumed arguendo that the contract is one of adhesion, the fee shifting provision is not unconscionable. "Once a contract is deemed to be one of adhesion, its terms must be analyzed to determine whether the contract as a whole, or specific provisions of it, are unconscionable." Denlin er, Inc., 608 A.2d at 1067. "[A] contract or term is unconscionable, and therefore avoidable, where there was a lack of meaningful choice in the acceptance of the challenged provision and the provision unreasonably 10 favors the party asserting it." Ba yne, 965 A.2d at 267. "The burden of proof generally concerning both elements has been allocated to the party challenging the agreement, and the ultimate determination of unconscionability is for the courts." Id. Defendant did not lack a meaningful choice in accepting the challenged attorney fees provision of the contract. As the Pennsylvania Superior Court has stated, "where, as here, a contract provision affects commercial entities with meaningful choices at their disposal, the clause in question will rarely be deemed unconscionable." Denlinger, Inc., 608 A.2d at 1068 (citation omitted). Plaintiff "is not an exclusive supplier of rare or much-sought-after goods, a situation which could induce one to 'adhere' to an unfavorable contract ...and thereby reduce meaningful choice." Id. Plaintiff is in the business of providing temporary and permanent employees to its clients, which is a service readily available from a variety of sources. If Defendant found the terms of Plaintiffs TTP Policy and Time Sheets onerous, Defendant was at liberty to seek employees elsewhere. Further the contract did not unreasonably favor Plaintiff. A fee- shifting provision for the prevailing party is enforceable and is clearly not unreasonably favorable to the drafter when "it is neutral in its application and is intended as an indemnification for reasonable attorney's fees incurred." Bayne, 965 A.2d at 270. Such is the case here. Plaintiff s attorney's fees were reasonable Attorneys' fees are determined by multiplying the number of hours reasonably expended by a reasonable hourly rate, which yields an amount in attorneys' fees strongly presumed to be reasonable. Logan v. Marks, 704 A.2d 671, 674 (Pa. Super. 1997). Determining the reasonableness of attorneys' fees is a matter within the sound discretion of this Court. In re LaRocca's Trust Estate, 246 A.2d 337, 339 (Pa. 1968). The factors to be considered in deciding the reasonableness of attorney's fees include: the amount of work performed; the character of the services rendered; the difficulty of the problems involved; the importance of the litigation; the amount of money or value of the property in question; the degree of responsibility incurred; whether the fund involved was `created' by the attorney; the professional skill and standing of the attorney in his profession; the results he was able to obtain; the ability of the client to pay a reasonable fee for the services rendered... Id. In addition, the Pennsylvania Rules of Professional Conduct provide the following factors to be considered in deciding the propriety of attorney's fees: (1) whether the fee is fixed or contingent; (2) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (3) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (4) the fee customarily charged in the locality for similar legal services; (5) the amount involved and the results obtained; (6) the time limitations imposed by the client or by the circumstances; (7). the nature and length of the professional relationship with the client; and (8) the experience, reputation, and ability of the lawyer or lawyers performing the services. Pa.R.P.C. Rule 1.5. Plaintiff s attorney provided this Court with a very detailed accounting of the time he expended on this case and the reasonable hourly rate charged therefor.58 Each time interval was documented to the tenth of an hour with a comprehensive narrative of each task performed for the case during that corresponding time interval.59 During the course of its representation, Plaintiff's attorneys expended 159.7 hours on this case.60 The hourly 58 Pl.'s Post-Trial Mot. to Mold Verdict to Include an Award for Att'y's Fees and Costs and to Correct Interest Award(Dec. 7,2012),Ex. B of Ex.C. 59 Id. 60 Id. 12 rates were dependent on the individual who performed the task and ranged from $125.00 to $305.00 per hour.61 The vast majority of the work, however, was performed by one attorney billing at an hourly rate of$300.00 to $305.00.62 Based on the time expended and hourly rate charged, the total amount in attorneys' fees was determined to be $46,698.00.63 This Court, therefore, awarded Plaintiff$45,558.00 which represented the total amount in attorneys' fees determined, less the $1,140.00 Defendant paid Plaintiff in Court ordered sanctions.64 The time expended by Plaintiff s attorney was consistent with the amount of work performed, which included pleadings, discovery, discovery disputes, an arbitration hearing, pre-trial conferences, preparation for trial, and a three day bench trial. The billable hour rate was consistent with the fees customarily charged in Central Pennsylvania for similar legal services.65 Plaintiffs attorney is an experienced litigator with a good reputation.66 Plaintiffs attorney prevailed and obtained the full amount sought by Plaintiff. During the course of its representation, Plaintiffs attorney billed Plaintiff for the full $46,698.00 now sought in attorneys' fees.67 Plaintiff has paid the bill in fUll.68 The underlying claimed amount for the breach of contract, $6,298.96, is not 61 Id. 62 Id. 63 Id. 64 In Re: Pl.'s Post-Trial Mot. to Mold Verdict to Include an Award for Att'y's Fees and Costs and to Correct Interest Award and Def.'s Post Trial Mot. for New Trial or, in the Alt., a Mod. of the Verdict and Def.'s Resp.to Pl.'s Post Trial Mot.,Order of Ct. (Apr. 11,2013). 65 Pl.'s Post-Trial Mot. to Mold Verdict to Include an Award.for Att'y's Fees and Costs and to Correct Interest Award(Dec. 7,2012), Ex. C,¶T 18-20. 66 Id.at Ex. C,11 1-7. 17 Id.at¶57,Ex.C TT, 14-16. 68 Id. 13 a insignificant and represented five weeks of uncompensated work performed by Ms. Shelburne for Defendant. Finally, an "award of attorney's fees in excess of recovered damages is not unprecedented." James Corp. v. N. Allegheny Sch. Dist., 938 A.2d 474, 491 (Pa. Cmwlth. 2007). Pennsylvania appellate courts "have affirmed an attorney's fees award far in excess of the damages recovered." Id. (citing Mt. View Condo. Assoc. v. Bomersbach, 734 A.2d 468 (Pa. Cmwlth. 1999). An award of attorney's fees, therefore, need not bear a direct relationship to the amount in controversy. See, e.g., Mt. View Condo. Assoc., 734 A.2d 468 (where attorney's fees of $46,548.64 were reasonable despite the original delinquent assessment of only $1,200.00); Borough of Bradford Woods v. Platts, 799 A.2d 984 (Pa. Cmwlth. 2002) (where attorney's fees of$27,551.00 were reasonable despite imposition of only a $1.00 fine). Rather, the reasonableness of the attorney's fees are determined irrespective of the amount in controversy. See, e.g., James Corp., 938 A.2d at 490-491; Mt. View Condo. Assoc., 734 A.2d at 471 ("we thus reject Appellant's plea that the Association was bound to accept something less than the full sum to which it was entitled"). Based on the amount in controversy, the amount of work performed by Plaintiffs attorneys, the character of the services rendered, the difficulty of the problems involved, the results obtained, the ability of Plaintiff to pay its attorneys' fees, and the professional skill and standing of Plaintiff's attorneys, this Court concluded that attorneys' fees in the amount of$45,558.00 was reasonable. An evidentiary hearing was not necessary When a contract provides for attorney's fees to a prevailing party in case of a breach, a post-trial motion is the proper means for collecting such fees. See, De Lage 14 Laden Financial Services, Inc. v. Rozentsvit, 939 A.2d 915, 924-25 (Pa. Super. 2007)., The right to counsel fees arise as a function of the favorable verdict in the underlying litigation, therefore, as a practical matter, a party must first prevail on the verdict in order to obtain counsel fees. Id. at 924. This Court made its determination that the amount Plaintiff requested in attorneys' fees was reasonable based on a comprehensive review of Plaintiffs post trial motion and Defendant's response thereto.69 As such, an evidentiary hearing was not necessary. Defendant contracted with Plaintiff "The burden is on the plaintiff to prove by a preponderance of the evidence the existence of the contract to which the defendant is a party." Viso v. Werner, 369 A.2d 1185, 1187 (Pa. 1977). Defendant admitted it was a party to the contract in response to Plaintiffs amended complaint when it admitted it was the corporation that "contacted [Plaintiff] via telephone and orally engaged [Plaintiff] to provide a bookkeeper/administrative assistant ...to [Defendant] on a [temporary-to-permanent] basis." 70 Further, in the interrogatories Plaintiff propounded on Defendant, the term Defendant is defined to include "Mann Realty, Inc., a/k/a Mann Realty Associates, 1 71 nc. , In answering the interrogatories, Defendant stated "Plaintiff Abel Personnel, Inc. agreed to provide an accounting assistant who would become an employee of Defendant, 69 Defendant cited to McMullen v.Kutz, 985 A.2d 769(Pa. 2009), for the proposition that an evidentiary hearing was required. Def's Post Trial Mot. for New Trial or in the Alt., a Mod. of the Verdict and Def.'s Resp. to Pl.'s Post Trial Mot., Order of Ct. at¶36. The McMullen Court, however, held only that the trial court may consider the reasonableness of attorney fees claimed in a breach of contract action where the contract does not specify that the fees incurred must be reasonable.Id. at 770. 70 N.T.at 10-12; See Am. Compl.TT2, 7(admitted in Def's Answer to Am.Compl.�T2, 7). 7'N.T. at 133;Pl.'s Ex. 8,p. 5,¶i3. 15 if found to be acceptable."72 In signing the verification to that answer, Mr. Mumma stated "The undersigned, Robert M. Mumma, II, hereby states that he is a principal of Mann Realty and, as such, is authorized to execute this Verification..."73 Finally, it was the testimony of Ms. Abel, Ms. Issacman, Ms. Karr, and Ms. Shelburne, all of whom this Court found to be credible, that it was Defendant which contracted with Plaintif£74 In addition, Defendant's abbreviated corporate name appeared on each of the Time Sheets.7$ It was Defendant's president or an individual authorized by Defendant's president who signed off on each of the Time Sheets on behalf of Defendant. Plaintiff, therefore, proved privity of contract between itself and Defendant by a preponderance of the evidence. CONCLUSION This Court finds the issues raised by Defendant on appeal are without merit. For the reasons articulated in the above opinion, this Court respectfully requests the Superior Court of Pennsylvania to affirm this Court's order granting judgment in favor of Plaintiff together with interest and reasonable attorney's fees. BY THE COURT, Christflee L. Peck, J. Steven M. Williams, Esq. 240 N. 3rd St., 7d'F1. Harrisburg, PA 17101 Attorney for Plaintiff 72 N.T. at 133; Pl.'s Ex. 9,p. 4,¶9,p. 5,¶10. 73 N.T.at 134;Pl.'s Ex. 9. 74 N.T.at 45,48, 55,65, 81. 7s N.T. at 69-70; Pl.'s Ex. 4. 16 A eryan W. Shook, Esq. 2132 Market St. Camp Hill, PA 17011 Attorney for Defendant (?-c> /lz<LCL 17 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Abel Personnel, Inc., t/a Abel Temps Vs. Mann Realty,Inc., a/k/a Man Realty Associates, Inc. 2011-3025 Civil Term 853 MDA 2013 The documents comprising the record have been numbered from No. 1 to 479, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/14/2013. C Da ' Buell ro onotary Alma Kostjerevac, Deputy An additional cony of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania ss. County of Cumberland I, David D.Buell Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full,true and correct copy of the whole record of the case therein stated, wherein Abel Personnel,Inc.,t/a Abel Temps Plaintiff. and Mann Realty,Inc.,a/k/a Man Realty Associates, Inc. Defendant, as the same remains of record before the said Court at No. 2011-3025 of Civil Term 43*"DA2011 In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 14th day of August A. D„ 2013 thonotary Kevin A.Hess President Judge of the Ninth Judicial District., composed of the County of Cumberland, do certify that David D.Buell by whom the annexed record, certificate and attestation were made and given..and who,in his own proper handwriting,thereunto subscribed his name and affixed the seal of the Court.of Common Pleas of said County,was,at the time of so doing,and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania,duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere,and that the said record, certificate and attestation are in due form of law and made by the pro r officer. President.fudge Commonwealth of Pennsylvania County of Cumberland ss: I David D.Buell Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A.Hess by whom the foregoing attestation was made.and who has thereunto subscribed his name,was,at the time of making thereof, and still is President.)udge of the Court of Common Pleas,Orphan'C:ourtand Court of Quarter Sessions of the Peace in and for said County,duly Commissioned and qualified,to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY !WHEREOF, I have hereunto set my hand and affixed the seal of said Court this . 14th day off August A.D. 2013 Prcnhimotary 1 No. Term 19 No 2011-3025 Civil Term 853 MDA 2013 Abel Personnel, Inc.,t/a Abel Temps Versus Mann Realty, Inc., a/k/a Man Realty Associates, Inc. EXEMPLIFIED RECORD From Cumberland County Debt; $ 1nt. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county c` in the Commonwealth of Pennsylvania 2011-3025 Civil Term to No. 853 MDA 2013 Term; 19 is contained the following: COPY OF Appearance DOCKET ENTRY Abel Personnel,Inc., t/a Abel Temps vs. Mann Realty, Inc., a/lc/a Man Realty Associates, Inc. **SEE CERTIFIED COPY OF DOCKET ENTERIES** i i i PYS511 Cumberland County Prothonotary' s Office Page 1 Civil Case Print .2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Ty e. . . . . : CONTRACT - DEBT COLLEC Time. . . . . . . . . : 1: 55 Judgmen?. . . . . 54, 130. 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial. . . . Disposed Desc. : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1. : 853 MDA 2013 Higher Crt 2. : ******************************************************************************** General Index Attorney Info ABEL PERSONNEL PLAINTIFF WILLIAMS STEVEN M 3356 PAXTON ST HARRISBURG PA 17111 MANN REALTY INC DEFENDANT GAULT JAMES G ATTN: BOB MUMMA KERR JOHN M 840 MARKET ST STE 164 LEMOYNE PA 17043 ******************************************************************************** Judgment Index Amount Date Desc MANN REALTY INC 6, 298 . 96 12/03/2012 VERDICT MANN REALTY INC 54, 130. 03 4/11/2012 ORDER OF COURT MANN REALTY INC 54, 130. 03 4/22/2013 JUDGMENT ON ORDER ******************************************************************************** * Date Entries ******************************************************************************** J-Z 3/14/2011 NOTICE OF APPEAL FROM DISTRICTS JUSTICE JUDGMENT - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 3/14/2011 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- 3 3/14/2011 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT - BY JAMES G GAULT ATTY FOR DEFT ------------------------------------------------------------------- q-1 64/01/2011 COMPLAINT - BY PLFF ------------------------------------------------------------------- ll-314/26/2011 PRELIMINARY OBJECTIONS TO COMPLAINT - BY JAMES G GAULT ATTY FOR DEFT !- ------------------------------------------------------------------- ,31,-3 T 5/11/2011 PRAECIPE TO ENTER APPEARANCE - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 3S-6q 5/13/2011 AMENDED COMPLAINT - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 6q 5/13/2011 CERTIFICATE OF SERVICE - AMENDED COMPLAINT UPON JAMES G GAULT ATTY FOR DEFT - BY ALISON A ZORTMAN LEGAL ASSISTANT FOR STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- qd-75 6/02/2011 PRELIMINADEFTBJECTIONS TO AMENDED COMPLAINT - BY JAMES G GAULT ATTYFOR------------------------------------------------------------------- '16-776/15/2011 PRAECIPE FOR LISTING CASE FOR ARGUMENT -DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT - BY STEVEN M WILLIAMS ATTY FOR PLFF ----------- ------ r7e-846/15/2011 PLAINTIFF'S ANSWER TO DEFENDANT' S PRELIMINARY OBJECTIONS - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- g6-q3 7/20/2011 MOTION OF JAMES G GAULT ESQUIRE FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT MANN REALTY ASSOCIATES INC - BY JAMES G GAULT ATTY FOR DEF ------------------------------------------------------------------- 8S 7/22/2011 ORDER DATED 7-22-11 IN RE MOTION OF JAMES GAULT FOR LEAVE AS COUNSEL IS **GRANTED** - DEFENDANT SHALL NOTIFY THE COURT AND OPPOSING COUNSEL WITHIN 14 DAYS - BY THE COURT ALBERT H MASLAND J- COPIES MAILED 7-25-11 ------------------------------------------------------------------- ad 7/26/2011 ORDER OF COURT - 7/25/11 - IN RE: DEFT'S PRELIMINARY OBJECTIONS TO PYS511 Cumberland County Prothonotary' s Office Page 2 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Ty e. . . . . : CONTRACT - DEBT COLLEC Time. . . . . . . . . . 1:55 Judgmen�. . . . . 54, 130.03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial. . . . Disposed Desc. : Disposed Date. 0/00 0000 ------------ Case Comments ------------- Higher Crt 1. : 853 MD 2013 Higher Crt 2 . : COMPLAINT - ORDERED THAT ALL OF DEFT'S PRELIMINARY OBJECTIONS ARE DISMISSED - DEFT IS GIVEN 20 DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO PLFF'S COMPLAINT - BY THE COURT - ALBERT H MASLAND J - COPIES MAILED 7/26/11 q5`968/08/2011 PRAECIPE TO ENTER APPEARANCE - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------------------------------- q7-1038/29/2011 DEFENDANT'S ANSWER TO AMENDED COMPLAINT - BY JOHN M KERR ATTY FOR ------------------------------------------------------------------- log-1&3 11/14/2011 W�LLOIAMSOATOTYPFOR PLFF TO DISCOVERY REQUESTS - BY STEVEN M j0t� 11/16/2011 ORDER - 11/16/11 - IN RE: PLFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS - ORDERED THAT SAID MOTION IS GRANTED - DEFT SHALL PROVIDE FULL AND COMPLETE ANSWERS WITHOUT OBJECTIONS TO PLFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 10 DAYS FROM THE DATE OF THIS ORDER - FURTHER ORDERED THAT DEFT IS LIABLE FOR ATTY'S FEES INCURRED BY PLFF IN CONNECTION WITH DEFT'S FAILURE TO TIMELY ANSWER THE DISCOVERY REQUESTS IN AN AMOUNT TO BE DETERMINED BY FURTHER ORDER AFTER PLFF PROVIDES TO THIS COURT DOCUMENTATION OF THE ATTY'S FEES SO INCURRED - BY THE COURT ALBERT H MASLAND J COPIES MAILED 11/16/11 ------------------------------------------------------------------- 16�_1�9 11/21/2011 MOTION FOR ATTORNEYS FEES - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- �']Q 12/01/2011 ORDER DATED 11-30-11 IN RE MOTION FOR ATTORNEYS FEES -MOTION IS **GRANTED** - BY THE COURT ALBERT H MASLAND J - COPIES MAILED 12-1-11 ------------------------------------------------------------------- ��' ��2 1/09/2012 PETITION FOR APPOINTMENT OF ARBITRATORS - BY STEVEN W WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- r7 Z 1/19/2012 ORDER OF COURT - DATED JANUARY 19, 2012 - IN RE: APPOINTMENT OF ARBITRATORS - WAYNE SHADE ESQ CHAIRMAN GREGORY KATSHIR ESQ AND SHERI COOVER ESQ ALSO APPOINTED BY THE COURT KEVIN A HESS P J COPIES MAILED 1/19/2012 ------------------------------------------------------------------- 0 3 4/18/2012 AWARD DATED COSTS AND AND AND INTEREST FROM APRIL 18, 2012 - BY WAYNE F SHADE ESQ CHAIRMAN - GREGORY J KATSHIR ESQ - SHERI D COOVER ESQ - COPIES MAILED 4/18/12 ------------------------------------------------------------------- 1?4 5/17/2012 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------------------------------- 'rt� 5/23/2012 PRAECIPE THAT ORDERDB PD PLFF SUM OF - BY STEVEN M WILLIAMS p MASLAND 'S FOR LMFA 'S F ------------------------------------------------------------------- 1?g 5/31/2012 PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- ($j_(grJ 7/16/2012 MOTION TO WITHDRAW AS COUNSEL TO DEFENDANT - BY JOHN M KERR ATTY FOR DEFT ------------------------------------------------------------------- 'p q_ 1gg7/16/2012 PRETRIAL CONFERENCE - DATED JULY 11, 2012 - THE TRIAL IS SCHEDULED 0 O FOR MONDAY JULY 23, 2012 AT 9:30 A M BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 7/16/2012 ------------------------------------------------------------------- ,�_1 �1 ?07/19/2012 ORDER OF COURT - DATED 7/19/12 - IN RE MOTION TO WITHDRAW AS _t COUNSEL TO DEFENDANT - GRANTED - DEFENDANT SHALL HAVE 21 DAYS TO SECURE COUNSEL - TRIAL IS CONTINUED UNTIL THE CIVIL TRIAL TERM COMMENCING ON 9/17/12 - BY THE COURT CHRISTYLEE L PECK J - COPIES ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary' s Office Page 3 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Ty e. . . . . : CONTRACT - DEBT COLLEC Time. . . . . . . . . : 1:55 Judgmen�. . . . . . : 54, 130 . 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial. . . Disposed Desc. : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1. : 853 MDA 2013 ---Hiq-her-Crt 2 . : jqj-'68/06/2012 MOTION-TO-CONTINUE TRIAL - BY STEVEN M WILLIAMS ATTY FOR PLFFS ---------------------- ------------------- 8/10/2012 ORDER OF COURT DATED 8-9-12 IN RE PLAINTIFF'S MOTION TO CONTINUE jq O TRIAL - RULE ISSUED UPON DEFT TO SHOW CAUSE - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE - BY THE COURT CHRISTYLEE L PECK J- COPIES MAILED 8-10-12 ------------------------------------------------------------------- �Q�— I v q 8/24/2012 ORDER OF COURT - 8/21/12 - IN RE: THIS MATTER WILL STAY ON THE -1 TRIAL LIST PENDING THE RESOLUTION OF DEFT OBTAINING COUNSEL AND ANSWERING THE RULE TO SHOW CUASE AS TO WHY THE CONTINUANCE REQUEST SHOULD NOT BE GRANTED - BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 8/24/12 ------------------------------------------------------------------- jC(q-Wj8/31/2012 MOTION TO MAKE RULE ABSOLUTE - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------ 0�9/10/2012 ABSOLUTE - GRANTED/-/ ORDERED THAT PTHIS SCASE IIS SPECI ALLY U ALLYLISTED X02-� FOR THE NOV 2012 JURY TRIAL LIST - JURY SELECTION TO BEGIN 9 :30 AM 11/26/12 AND TRIAL TO BEGIN 11/27/12 @ 9:30 AM IN A COURTROOM TO BE DETERMINED BY THE COURT ADMIN - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 9/10/12 ------------------------------------------------------------------- AQq 11/02/2012 ORDER OF COURT - 10/26/12 - IN RE: APPEAR FOR TRIAL - MATTER IS AM HEREBY LISTED FR 11/26/12ANDTRIALJ Y R TO COMMENCE ON11/27/122 @N9 :30BAMIINACR9TOOBE DETERMINED BY THE COURT ADMINISTRATOR - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 11/2/12 ------------------------------------------------------------------- a0512/03/2012 VERDICT - NON JURY TRIAL - DATED DEC 3, 2012 - AFTER HAVING HEARD A NONJURY TRIAL ON NOV 27 & NOV 28 2012 THIS COURT HEREBY GRANTS JUDGMENT IN FAVOR OF PLFF AND AGAINST DEFT IN THE AMOUNT OF $6298 . 96 PLUS INTEREST AT A RATE OF 6o ON THAT AMOUNT FROM MAY 11, 2011 UNTIL PAYMENT BY DEFT PLUS THE COSTS OF THE ACTION AND REASONABLE PLFF'S ATTORNEY'S FEES IN AN AMOUNT TO BE DETERMINED BY FURTHER ORDER AFTER PLFF PROVIDES TO THIS COURT DOCUMENTATION OF THE ATTY' S FEES INCURRED BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 12/3/2012 ------------------------------------------------------------------- :ZL 12/05/2012 ORDER OF COURT DATED 10-28-12 IN RE NONJURY TRIAL - BY THE COURT CHRISTYLEE L PECK J- COPIES MAILED 12-5-12 ------------------------------------------------------------------- afl 7_24112/07/2012 PLAINTIFF'S POST-TRIAL MOTION TO MOLD VERDICT TO INCLUDE AN AWARD FOR ATTORNEYS FEES AND COSTS AND TO CORRECT INTEREST AWARD - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- Zb312/13/2012 AE MODIFICATIONS OFTTHELVERDICT AND OR IN THE TOTERNATIVE PLAINTIFF'S POST-TRIAL MOTION - BY DARRELL C DETHLEFS ATTY FOR DEFT ------------------------------------------------------------------- �� 12/13/2012 PRAECIPE - ENTER- DATED APPEARAN/CE - BY DARRELL C DETHLEFS ATTY FOR DEFT �b _16r74/11/2013 MOLDRVERDICTRTO INCLUDE OANlAWARD FOR ATTYS PLFFS 11 CORRECT INTEREST AWARD AND DEFTS POST TRIAL MOTION FOR NEW TRIAL OR IN THE ALTERNATIVE A MODIFICATION OF THE VERDICT AND DEFTS RESPONSE TO PLFFS POST TRIAL MOTION - DEFTS MOTION IS DENIED ***** PLFFS MOTION IS GRANTED - THE VERDICT ENTERED ON 12/03/12 IS HEREBY AMENDED TO INCLUDE 1) ATTYS FEES IN THE AMOUNT OF $45, 558 . 00 THROUGH THE DATE OF PLFFS MOTION 2) COURT AND OTHER LEGAL COSTS IN THE AMOUNT OF $795. 66 3) PRE-JUDGMENT INTEREST THROUGH 11/27/12 IN THE AMOUNT OF $1477 .41 4) ADDITIONAL PRE-JUDGMENT INTEREST PER ANNUM FROM11/28/12 UNTIL ATHE DATE OF2 THIS 6ORDER AND OF 6% 5) POST-JUDMENT INTEREST AT THE RATE OF 6% PER ANNUM FROM THE DATE OF THIS ORDER UNTIL THE JUDGMENT IS PAID - JUDGMENT IS ENTERED IN FAVOR OF PLFF AND AGAINST DEFT IN THE TOTAL AMOUNT OF $54, 130. 03 - PYS511 Cumberland County Prothonotary' s Office Page 4 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Typpe. . . . . : CONTRACT - DEBT COLLEC Time. . . . . . . . . . 1: 55 Judgment. . . . . 54, 130. 03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial. . . . Disposed Desc. : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1. : 853 MDA 2013 Higher Crt 2 . : BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 4/11/13 ------------------------------------------------------------------- jg- z? 4/22/2013 PRAECIPE FOR ENTRY PLUS PRE-JUDGMENT JUDGMENT ENTERED E AMOUNT INTEREST IN THE AMOUNT OF $6298 .96 PLUS THE COSTS OF THIS ACTION AND POST-JUDGMENT INTEREST PURSUANT TO ORDER OF COURT DATED 04/11/13 - BY STEVEN M WILLIAMS ATTY FOR PLFF ------------------------------------------------------------------- 4/22/2013 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 4/22/2013 EXEMPLIFIED RECORD FOR DAUPHIN COUNTY - BY ALLISON ZORTMAN/LEGAL ASSIST FOR PLFF'S ATTY ------------------------------------------------------------------- ,��5-28 ( 5/13/2013 NOTICEWOF APPEAL TOFSUPERIOR COURT - REQUESTED TRANSCRIPT - BY DEFT BRYAN------------------------------------------------------------------- Zg'Z 5/16/2013 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 853 MDA 2013 ------------------------------------------------------------------- ggs 5/17/2013 ORDER OF COURT - 5/17/13 - IN RE:APPELLANT DIRECTED TO FILE OF RECORD IN THIS COURT AND TO SERVE UPON THE UNDERSIGNED JUDGE A CONCISE STATEMENT OF ERRORS COMPLAINTD OF ON APPEAL NO LATER THAN 21 DAYS AFTER ENTRY OF THIS ORDER - BY THE COUIRT KEVIN A HESS PJ FOR CHRISTYLEE L PECK J - COPIES MAILED 5/17/13 'p ----------- ------ -- ------ ------ -------- - -- ------- - '46 _, 5/22/2013 DEFENDANT'S-MOTION-TO-ESCROW-APPEAL-SECURITY---BY-DARRELL-C-------- DETHLEFS ATTY FOR DEFT ------------------------------------------------------------------- Z(,��„Ztr ( 5/24/2013 SECURITY A- CONCURRENCE TO ESCROW APPEAL DEFT ------------------------------------------------------------------- Z ZGfCf 6/03/2013 CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY DARRELL C DETHLEFS ATTY FOR DEFT ------------------------------------------------------------------- Q.-610412013 ORDER OF COURT DATED 6-4-13 IN RE DEFENDANT'S MOTION TO ESCROW APPEAL SECURITY - MOTION IS *GRANTED* - PROTHONOTARY IS ORDERED TO HOLD DEFENDANT' S $73010 .31 AS A SUPERSEDEAS - DEPOSIT MONEY INTO A INTEREST-BEARING ACCOUNT TO RELEASED ONLY BY ORDER - BY THE COURT CHRISTYLEE L PECK J- COPIES MAILED 6-5-13 ------------------------------------------------------------------- 6/05/2013 BOND - DEPOSITED $73, 010 .31 IN MIDPENN BANK ACCOUNT #17003708 - DAVID D BUELL PROTHONOTARY ---------------------------------------------------- �J6 -3J 9 6/14/2013 L PECKRJPT OF PROCEEDINGS - 11/26/12 - BEFORE HONORABLE CHRISTYLEE ------------------------------------------------------------------- 330_, 6/14/2013 L PECKRJPT OF PROCEEDINGS - 11/27/12 - BEFORE HONORABLE CHRISTYLEE ------------------------------------------------------------------- 3 qr_Ubr 6/14/2013 L PECKRJPT OF PROCEEDINGS - 11/28/12 - BEFORE HONORABLE CHRISTYLEE ------------------------------------------------------------------- �b Z_gjg 8/09/2013 PECKEJ OPINION PURSUANT8TO P3 RAP 1925 - BY THE COURT CHRISTYLEE L ------------------------------------------------------------------- 8/14/2013 NOTICE OF DOCKET ENTRIES MAILED TO BRYAN WILLIAM SHOOK ESQ AND STEVEN M WILLIAMS ESQ � drM , ;p - --,p- -e� - - y- ! LA yT,ENTRY - �- - - - - - - - - - - * Escrow Information * Fees & Debits Beg Bal Pmts/Ad� End Bal ******************************** ******** ****** ******************************* APPEAL D.J. 55 . 00 55 . 00 . 00 TAX ON APPEAL .25 .25 . 00 SETTLEMENT 8 . 00 8 . 00 . 00 AUTOMATION FEE 5 . 00 5 . 00 . 00 JCP FEE 23 .50 23 . 50 . 00 PYS511 Cumberland County Prothonotary' s Office Page 5 Civil Case Print 2011-03025 ABEL PERSONNEL (vs) MANN REALTY INC Reference No. . . Filed. . . . . . . . . 3/14/2011 Case Type. . . . . : CONTRACT - DEBT COLLEC Time. . . . . . . . . 1: 55 Judgment. . . . . 54, 130 .03 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc. : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1. : 853 MDA 2013 Higher Crt 2 . : APPT OF ARBITRA 28 .50 28.50 . 00 APPEAL ARBITRAT 416 .50 416. 50 . 00 PRAECIPE TRIAL 29 .75 29.75 . 00 JDMT 16 .50 16.50 . 00 EX RECORD 19 . 00 19.00 . 00 APPEAL HIGH CT 57 .00 57 . 00 . 00 BOND 73010 .31 73010 .31 . 00 ------------------------ ------------ 73669 .31 73669 .31 . 00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD.: In Testimony whereof,_I here unto set my hand and the seal of said Court at Carlisle,Pa. This .14f%ay of ,20 CJ ;Prothonota CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Abel Personnel, Inc., t/a Abel Temps Vs. Mann Realty,Inc., a/k/a Man Realty Associates, Inc. 2011-3025 Civil Term 853 MDA 2013 The documents comprising the record have been numbered from No. I to 479, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/14/2013. Da4kr1Y'ffue' l1//Protfi6notary j Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title jqeCeWed in Superior Court AUG 15 2013 MIDDLE Darrel C.Dethlefs, Esquire '( t ( ID#58805 Pt NNS YL , ,11 1`�;, Dethlefs-Pykosh Law Group, LLC 't + �'; 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com ABEL PERSONNEL, • IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY • PENNSYLVANIA v. • No.: 11-3025 MANN REALTY ASSOCIATES, : CIVIL ACTION - LAW INC., Defendant PETITION FOR LEAVE TO WITHDRAW APPERANCE AND NOW, comes the Petitioner, Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire and Bryan W. Shook, Esquire, counsel for the Defendant, Mann Realty Associates, and hereby files, contemporaneously with a Petition filed in the Superior Court, the within Petition for Leave to Withdraw Appearance, and in support thereof avers as follows: 1. On or about April 1, 2011, Abel Personnel, (hereinafter "Plaintiff") commenced this action with the filing of a complaint against Mann Realty Associates, (hereinafter "Defendant"). 2. On or about May 11, 2011, Plaintiff filed an amended Complaint against Defendant. 3. Defendant retained the Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire and Bryan W. Shook, Esquire, as counsel, on an hourly basis to perform legal work in relation to the above-captioned action. Said work was performed at 2132 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Over the ensuing months, Defendant requested undersigned counsel to represent its interests in legal matters before this Court and the Superior Court. 5. Undersigned counsel has contacted Defendant regarding the payment of legal fees currently owed. 6. Defendant has not kept up correspondence and or communication with undersigned counsel regarding the payment of legal fees currently owed. 7. Defendant currently has an outstanding balance of$14,823.36. 8. Pursuant to Rule of Professional Conduct 1.16(b), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or. (7) other good cause for withdrawal exists. 9. Pursuant to Rules of Professional Conduct 1.16(b)(5) and (6), the representation has resulted in an unreasonable financial burden by the client's failure to fulfill an obligation to the lawyer regarding the lawyer's services (in excess of $14,823.36). 10. Pursuant to Rules of Professional Conduct 1.16(a)(2) and 1.16(a)(3) requiring mandatory withdrawal pursuant to Rules of Professional Conduct 1.16(a)(1), (5), (6) and (7) allowing permissive withdrawal, and for all the reasons set forth herein, the undersigned counsel cannot continue to represent the above- captioned Defendant in this action. 11.Withdrawal by undersigned counsel will not further delay this matter insofar as a timely appeal was filed on behalf of Defendant. 12. As reflected by the attached Certificate of Service, a copy of the foregoing petition has been served upon all counsel of record and all parties. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court grant the within petition and enter an Order granting leave to withdraw entry of appearance for the Defendant, Mann Realty Associates Inc., and to grant any other or further relief which the Court deems just and equitable. Respectfully -• bmitted, Date: LC) )—e2" a WY DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs, Esquire Attorney ID #58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs @aol.com Darrel C. Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-2309 Fax—(717)975-2309 Ddethlefs @aol.com ABEL PERSONNEL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY • PENNSYLVANIA v. No.: 11-3025 • MANN REALTY ASSOCIATES, : CIVIL ACTION - LAW INC., . • Defendant . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Leave to Withdraw Appearance was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Steven M. Williams, Esquire Robert M. Mumma, II 240 N. 3rd St. 7th Floor 244 North Lewisberry Road Harrisburg, PA 17101 Mechanicsburg, PA 17055 diRespectful) - bmitted, Date: (G- ) 2--(3 ...../....1 VI" DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs, Esquire Attorney ID #58805 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ddethlefs @aol.com ABEL PERSONNEL, INC., : IN THE COURT OF COMMON PLEAS OF t/a ABEL TEMPS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—LAW MANN REALTY, INC., t/d/b/a : MANN REALTY ASSOCIATES,: INC., Defendant : NO. 11-3025 CIVIL TERM IN RE: PETITION FOR LEAVE TO WITHDRAW APPEARANCE ORDER OF COURT AND NOW, this 25th day of October, 2013, upon consideration of the Petition for Leave To Withdraw Appearance, a Rule is hereby issued upon Steven M. Williams, Esq., and Robert M. Mumma, II, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 177 Christyle-/L. Peck, J. Steven M. Williams, Esq. q 240 N. Third Street, 7th Floor Harrisburg, PA 17101 Attorney for Abel Personnel, Inc. t/a Abel Temps arrell C. Dethlefs, Esq. 2132 Market Street mu) Camp Hill, PA 17011 - — --0 Attorney for Defendant �y. ro tom-,- 74 C r ItZ-bert M. Mumma, II 27.c-) -� _,=-. 244 North Lewisberry Road Mechanicsburg, PA 17055 (1 - President, Mann Realty Associates, Inc. i£S �d I r Abel Personnel, Inc. IN THE SUPERIOR COURT t/a Abel Temps OF PENNSYLVANIA (C.P. Cumberland County V. No. 11-3025 Civil) Mann Realty, Inc. No. 853 MDA 2013 a/k/a Mann Realty Associates, Inc. Filed: November 14 , 2013 ORDER Upon consideration of the application of Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire and Bryan W. Shook, Esquire, for leave to withdraw appearance on behalf of appellant, Mann Realty Associates, Inc., the application is hereby GRANTED. Appellant shall notify the Prothonotary of this Court, within fourteen (14) days of the date of this order, of its intention to retain new counsel, who shall enter his or her appearance forthwith. See Wa/acavage v, Excel/ 2000, Inc,, 480 A.2d 281 (Pa. Super. 1984) (a corporation may appear and be represented in Pennsylvania courts only by an attorney admitted to practice; corporation may not appear in court and be represented by a corporate officer or shareholder who is not an attorney). Per Curiam z M C) CD �� per` co Joseph D. Seletyn, Esq. Prothonotary Mary A. Graybill, l. Deputy Prothonotary §ittperior Court of fiennotOania Middle District Pennsylvania Judicial Center Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www.pacourts.us/courts/superior-court CERTIFICATE OF REMITTAL/REMAND OF RECORD TO: David D. Buell Prothonotary RE: Abel Personnel, Inc. t/a Abel Temps v. Mann Realty 853 MDA 2013 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 11-3025 Civil Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part w/transcript & envelope of August 15, 2013 1 exhibits Remand/Remittal Date: 03/07/2014 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /ca Enclosure cc: Mann Realty Inc. a/k/a Man Realty Associates, Inc. The Honorable Christylee L. Peck, Judge Steven Moreno Williams, Esq. 7.4:1 CD 3-507014-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 ABEL PERSONNEL, INC. T/A ABEL TEMPS IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. MANN REALTY, INC., A/K/A MANN REALTY ASSOCIATES, INC. Appellant ..' .:' C= ..,..- --""i X r/1 = 7D ....-1:3 us r- (D CD i No 853 MDA 2015--- - ,,. ---1 _ 77, Appeal from the Judgment Entered April 22, 2013 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 11-3025 CIVIL BEFORE: MUNDY, J., WECHT, J., and FITZGERALD, 1* JUDGMENT ORDER BY MUNDY, J.: FILED JANUARY 28, 2014 Appellant, Mann Realty Inc., a/k/a Mann Realty Associates, Inc., is a Pennsylvania Corporation and is the defendant in the underlying action in this case. See Amended Complaint, 5/13/11, at 1, 2; Answer to Amended Complaint, 8/29/11, at 1, 11 2. On May 13, 2013, Appellant filed a timely counseled notice of appeal from the judgment entered against it on April 22, 2013. Appellant's counsel filed a timely concise statement of matters complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b). On September 23, 2013, counsel for Appellant filed Appellant's brief and reproduced record. Appellee Able Personnel, Inc., t/a Abel Temps, filed its counseled brief on October 23, 2013. * Former Justice specially assigned to the Superior Court. 3-S07014-14 On October 22, 2013, counsel for Appellant, Dethlefs-Pykosh Law Group, LLC, by Darell C. Dethlefs, Esquire, and Bryan W. Shook, Esquire, filed with this Court an application to withdraw as counsel, citing "an unreasonable financial burden by [Appellant's] failure to fulfill an obligation [for] the lawyer's services." Petition for Leave to Withdraw, 10/22/13, at 2, 9. On November 14, 2013, this Court granted counsel's application to withdraw and further directed Appellant to "notify the Prothonotary of this Court, within fourteen (14) days of the date of this order, of its intention to retain new counsel, who shall enter his or her appearance forthwith." Per Curiam Order, 11/14/13, at 1. To date, Appellant has made no response and no entry of appearance by an attorney has been filed. Our Courts have long held that "a corporation may appear and be represented in our courts only by an attorney duly admitted to practice."1 Walacavage v. Excel! 2000, Inc., 480 A.2d 281, 285 (Pa. Super. 1984). Because Appellant has not complied with this Court's November 14, 2013 order and because there is no appearance by an attorney on Appellant's behalf currently before this Court, we are constrained to dismiss this appeal. Appeal dismissed. 1 This principle is subject to certain exceptions not applicable to the instant appeal. See Harkness v. Unemployment Compensation Bd. of Review, 920 A.2d 162 (Pa. 2007); Walacavage, supra. 2 J-S07014-14 Judgment Entered. 3 seph D. Seletyn, E Prothonotary Date: 1/28/2014 3