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HomeMy WebLinkAbout11-3370STANLEY A. HANDIBOE, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11 "33-70 C I y SALLY J. HARPER and +=? .__ H2 TRANSCRIPTION, INC., CIVIL ACTION - LAW c--: DEFENDANT. W a?,4 D CZ) NOTICE C zC:> ' YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clarj et forth--+' in the foregoing pages, you must take action within twenty (20) days after this Complainf-an&' Notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court you 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA (717) 249-3166 3) and Ib P ail C2$s as7aS? STANLEY A. HANDIBOE, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. SALLY J. HARPER and H2 TRANSCRIPTION, INC., CIVIL ACTION - LAW DEFENDANT. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA (717) 249-3166 STANLEY A. HANDIBOE, PLAINTIFF, V. SALLY J. HARPER, 480 Sample Bridge Road, Enola, PA 17025 And H2 TRANSCRIPTION, INC., 426 South Third Street, Lemoyne, PA 17043: DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Stanley A. Handiboe, by and through is attorneys, Caldwell & Kearns, P.C., files the following Complaint against Defendants, H2 Transcription, Inc., and Sally J. Harper, stating in support thereof the following: 1. Plaintiff, Stanley A. Handiboe, is an individual residing at 112 South Fourth Street, Halifax, Dauphin County, Pennsylvania, 17032. 2. Plaintiff is a stockholder of Defendant, H2 Transcription, Inc., and brings this action on behalf of himself. 3. Plaintiff was a stockholder at the time of the transactions complained of herein, having acquired forty (40) shares of common stock of Defendant, H2 Transcription, Inc., on July 15, 2006, the date the corporation was formed. 4. Defendant, H2 Transcription, Inc., is a corporation, organized and existing under the laws of the Commonwealth of Pennsylvania for the purpose of a typing transcription business, with its principal please of business at 426 South Third Street, Suite 202, Lemoyne, Pennsylvania, 17043. 5. Defendant, Sally J. Harper, is an individual residing at 480 Sample Bridge Road, Enola, Pennsylvania, 17025. 6. Defendant, Sally J. Harper, was elected Director of Defendant, H2 Transcription, Inc., on July 15, 2006, and has served continuously as Director to the present time. 7. Defendant, Sally J. Harper, was appointed to her respective offices of President and Secretary on July 15, 2006, and has served continuously in those positions to the present time. 8. Plaintiff, Stanley A. Handiboe, was appointed to his respective office of Treasurer on July 15, 2006, and was prevented from continuing to serve as Treasurer on or about March 1, 2007, the date Plaintiff, Stanley A. Handiboe, and Defendant, Sally J. Harper, ended their personal relationship. 9. Plaintiff believes and therefore avers that Defendant, Sally J. Harper has been serving as Treasurer continuously since the date Plaintiff and Defendant, Sally J. Harper, ended their personal relationship. 10. As a result of Defendant, Sally J. Harper's acceptance of and service in her respective offices in Defendant, H2 Transcription, Inc., Defendant, Sally J. Harper owed to Plaintiff a fiduciary duty to conduct the affairs of the corporation without fraud and to properly account for the monies of the corporation. 11. At all times pertinent hereto, Defendant, Sally J. Harper committed fraud, gross neglect and inattention, breach of trust and fiduciary duty, willful and fraudulent mismanagement and malfeasance in the control of the affairs, interests and transactions of Defendant, H2 Transcription, Inc., in that she fraudulently and improperly loaned the money of Defendant, H2 Transcription, Inc., amounting in all to a sum in excess of Fifty-Thousand Dollars ($50,000.00), to herself and/or for her own use, for personal gain, agrandisement and benefit, and in fraud of Plaintiff's rights. 2 12. No demand has, or could have, successfully been made upon the Board of Directors of Defendant, H2 Transcription, Inc., to institute this action for the following reasons: A. Defendant, Sally J. Harper controls H2 Transcription, Inc., and Defendant, Sally J. Harper is the sole director of Defendant, H2 Transcription, Inc. B. Defendant, Sally J. Harper has committed the acts which are the subject of this action and, thus, it would be necessary for her to sue herself in order to properly prosecute this action. C. Despite Defendant, Sally J. Harper's knowledge of the matters complained of herein, she has willfully failed and refused to cease her unlawful conduct or permit redress for her actions. D. By reason of the foregoing, any demand by Plaintiff for H2 Transcription, Inc., to commence this action in its own right would have been, and is, futile. 13. On or about July 10, 2006, Plaintiff, Stanley A. Handiboe loaned Defendant, H2 Transcription, Inc. Forty-Eight Thousand Dollars ($48,000.00). 14. Pursuant to Plaintiff's loan agreement with H2 Transcription, Inc., Plaintiff was to be paid back in monthly installments of Eight Hundred Dollars ($800.00) over a period of sixty (60) months. 15. To date, Plaintiff has received thirty-six (36) payments of Eight Hundred Dollars ($800.00) for a total of Twenty-Eight Thousand Eight Hundred Dollars ($28,800.00). 16. Defendant, H2 Transcription, Inc., stopped making monthly payments on or about October 1, 2010, and a as a result, defaulted on the loan agreement. 17. Defendant, H2 Transcription, Inc., owes Plaintiff Nineteen Thousand Two Hundred Dollars ($19,200.00) in regard to the loan. 3 18. Plaintiff believes and therefore avers that Defendant, H2 Transcription, Inc., is making a profit, however, it has failed to pay any dividends to Plaintiff, who is a forty percent (40%) stockholder. WHEREFORE, Plaintiff, Stanley A. Handiboe, respectfully requests that the Court take the following action: a. Issue a preliminary injunction until a hearing on this matter enjoining and restraining Defendant, Sally J. Harper from disposing of the assets of H2 Transcription, Inc.; b. Order Defendant, Sally J. Harper to individually account for and pay to Defendant, H2 Transcription, Inc., all monies loaned by Defendant, H2 Transcription, Inc.; Order Defendant, H2 Transcription, Inc., to pay dividends with interest to Plaintiff; d. Order Defendant, H2 Transcription, Inc., and/or Defendant, Sally J. Harper to account for and pay to Plaintiff, Stanley A. Handiboe the remaining amount of the loan, Nineteen Thousand Two Hundred Dollars ($19,200.00); e. Appoint a receiver to take charge of the assets and property to Defendant, H2 Transcription, Inc.; f. Order Defendant, H2 Transcription, Inc., and Defendant, Sally J. Harper to pay Plaintiff's attorney fees and costs; and g. Such other relief as the Court may deem appropriate. Respectfully submitted, Date: March 28, 2011 By: Eliz eth H. Feather, Esquire Attorney I.D. #92618 Caldwell & Kearns, P.C. 3631 North Front Street 07009-2-174851 Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (Fax) & efeather@cklegal.net 6 VERIFICATION I, Stanley A. Handiboe, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief and further state that any false statements herein are made subject to the penalties of 18 Pa.C.S § 4944 relating to unworn falsification to authorities. Dated: ??? Z L???, t L C Stanley A. H boe SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderso OFFIC-t H l, Sheriff F6~tD" Ott of sir+riGr ??f? C THr RR T I t`)I 'I', Jody S Smith Chief Deputy 2011 APR 21 AM 10* 13 Richard W Stewa >z, =?`+Solicitor OFFICE (r E S-?RIFF CUMBERLAND C1 PENNS t:VANI' Stanley A. Hand boe vs Case Number . Sally J Harper ( al.) 2011-3370 SHERIFF'S RETURN OF SERVICE 04/12/2011 01:0 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 011 at 1306 hours, he served a true copy of the within Complaint and Notice, upon the within named defe dant, to wit: H2 Transcription, Inc., by making known unto Whitney Bielawa, Receptionist for H2 Transcription, Inc. at 2161 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true a cor copy of the same. A SHALL, PUTY 04/14/2011 03:0 PM - Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 011 at 1505 hours, he served a true copy of the within Complaint and Notice, upon the within named defe dant, to wit: Sally J. Harper, by making known unto herself personally, at The Cumberland County Sheriff's Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true a correct c of the same. SHANNON SHERTZER, DEPUTY SHERIFF COST: April 19, 2011 44 SO ANSWERS, RON R ANDERSON, SHERIFF of Coi"ItYSL e SheIM, Teleosott_ OIC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STANLEY A. HANDIBOE C_? Plaintiff, NO 11-3370 r 4 rnco `r5 r - v .. CIVIL ACTION - LAW ?, C:) SALLY HARPER, Individually and r?-*= =?=-`` t/d/b/a H2 TRANSCRIPTIONS, INC. c~. Defendants m ANSWER TO COMPLAINT AND COUNTERCLAIM AND NOW, comes the above-named Defendants, by and through their attorney, William C. Felker, files this Answer to Complaint and Counterclaim, sets forth and answers as follows: Admitted based on information and belief. 2. Denied. Plaintiff may possess stocks of Defendant, H2 Transcription, Inc.; however, the stock has been purchased back from plaintiff by defendant, Sally Harper, at plaintiff's demand. Plaintiff has the responsibility to return the shares. 3. Denied. Plaintiff is no longer a stockholder of H2 Transcription Inc. 4. Denied. Defendant, H2 Transcriptions, Inc., no longer maintains a principle place of business at 426 South Third Street, Suite 202, Lemoyne PA 17043. Due to stalking, harassment and threats of harm by plaintiff against defendant, Sally Harper, and her family, including the pointing of a firearm by plaintiff at defendant, Sally Harper, and pending criminal charges against plaintiff, defendant, Sally Harper, wishes to keep this address private as she fears for her life; however, said address is in Cumberland County, Pennsylvania. 5. Denied. Defendant, Sally Harper, no longer resides at 480 Sample Bridge Road, Enola PA 17025. Due to stalking, harassment and threats of harm by plaintiff against defendant, Sally Harper, and her family, including the pointing of a firearm by plaintiff at defendant, Sally Harper, and pending criminal charges against plaintiff, defendant, Sally Harper, wishes to keep her address private as she fears for her life; however, said address is in Cumberland County, Pennsylvania 6. Admitted. 7. Admitted. 8. Denied in part. Plaintiff was not prevented from continuing to serve as Treasurer. Plaintiff decided to leave and demanded through threats and intimidation that his shares be purchased back. 9. Admitted. 10. Denied. No response is required to the extent that the averments of paragraph 10 state a conclusion of law. With regard to any factual allegations, Denied. By way of further answer, defendant, Sally Harper, has never committed fraud and owed no duty to plaintiff. 11. Denied. No response is required to the extent that the averments of paragraph 11 state a conclusion of law. With regard to any factual allegations, Denied. By way of further answer, defendant, Sally Harper, has never committed fraud, gross neglect and inattention, breach of trust and fiduciary duty, willful and fraudulent mismanagement and malfeasance in the control of the affairs, interest and transactions of defendant, H2 Transcription Inc. Defendant, Sally Harper, never fraudulently and improperly loaned the money of defendant, H2 Transcription Inc. to herself and/or for her own use, for personal gain, agrandisement and benefit, and in fraud of plaintiffs rights. 12. Denied. No response is required to the extent that the averments of paragraph 12 state a conclusion of law. With regard to any factual allegations, Denied. 13. Denied. Plaintiff never loaned defendant, H2 Transcription Forty-Eight Thousand Dollars ($48,000.00), and proof thereof is demanded at the time of trial. 14. Denied. There is no loan agreement between plaintiff and H2 Transcription Inc. 15. Admitted. 16. Denied in part. There was no loan agreement. Payments made to plaintiff by defendant, Sally Harper, were for the purchase back of the stock of H2 transcription Inc. Defendant, Sally Harper, has over paid plaintiff by Five Thousand Eight Hundred Dollars ($5,800.00). 17. Denied. There was no loan and plaintiff owes defendant, Sally Harper, a over- payment refund in the amount of Five Thousand Eight Hundred Dollars ($5,800.00). 18. Denied. Defendant, H2 Transcription Inc. is making a minimal profit. Plaintiff is not entitled to dividends and plaintiff is not a stockholder. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss with prejudice plaintiff's Complaint for failure to state a cause of action and being malicious, and award Defendants' Five Thousand Eight Hundred Dollars ($5,800.00), attorney's fees, costs and any other relief this Honorable Court deems just against Defendant. COUNTERCLAIM NOTICE TO PLEA: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 19. Counterclaim, Plaintiff, Sally Harper, is an individual residing in Cumberland County, Pennsylvania. 20. Counterclaim, Defendant, Stanley A. Handiboe, is a individual residing at 112 South Forth Street, Halifax, Dauphin County, Pennsylvania, 17032. 21. Counterclaim defendant purchased forty (40) shares of common stock of H2 Transcription Inc. for Twenty Three Thousand Dollars ($23,000.00), by paying Twenty Thousand Dollars ($20,000.00) in August of 2006 and Three Thousand Dollars ($3,000.00) in October of 2006. 22. In early 2007, Counterclaim Defendant and Counterclaim Plaintiff ended their personal relation. 23. At the end of the personal relation between the parties Counterclaim Defendant demanded that Counterclaim Plaintiff purchase Counterclaim Defendant's forty (40) shares of common stock in H2 Transcription Inc. for Twenty Three Thousand Dollars ($23,000.00). 24. Counterclaim Plaintiff has paid Counterclaim Defendant Twenty Eight Thousand Eight Hundred Dollars ($28,800.00) to buy back Counterclaim Defendant's forty (40) shares of common stock in H2 Transcription Inc.; thereby over paying Counterclaim Defendant by Five Thousand Eight Hundred Dollars ($5,800.00). 25. Counterclaim Plaintiff has made demand of Counterclaim defendant to return the forty (40) shares of common stock of H2 Transcription Inc. to Counterclaim Plaintiff, however, to date Counterclaim defendant continues to possess the forty (40) shares of common stock of H2 Transcription Inc. 26. Since the end of the personal relation between the parties Counterclaim Defendant has used harassment, physical violence, extortion, physical harm and treats of permanent harms to Counterclaim Plaintiff, her husband and family, including the pointing of a firearm by Counterclaim Defendant at Counterclaim Plaintiff, to force Counterclaim Plaintiff to pay nearly Twenty Thousand Dollars ($20,000.00) of Counterclaim Defendant's personal debts. WHEREFORE, Counterclaim Plaintiff respectfully requests this Honorable Court to award Plaintiff Twenty Five Thousand Eight Hundred Dollars ($25,800.00), return of the Forty shares of common stock of H2 Transcription in Counterclaim Defendant's possession, attorney's fees, costs and any other relief this Honorable Court deems just against Defendant. Respectfully Submitted; Date: 06/15/2011 Ailliaamm ??? C. elker, Esquire P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I verify that the statements made in this ANSWER TO COMPLAINTAND COUNTERCLAIM are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. cr Date: 06/15/2011 Sally r H2 scription Inc. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Elizabeth H. Feather, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 Date:06/16/2011 Qlliam. C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 STANLEY A. HANDIBOE, Plaintiff V. SALLY J. HARPER and H2 TRANSCRIPTION, INC., Defendants PETITION OF V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI A NO. 11-3370 - `' CIVIL ACTION - LAW, :X cn 75 ?UNSEL FOR LEAVE TO WITHDI' r3 RULES OF CIVIL PROCEDURE 10Q 0-- AND NOW come Caldwell & Kearns, P.C., and Elizabeth H. Feather, Esquire ("Petitioners"), and file this Petition of Plaintiff's Counsel for Leave to Withdraw, stating the following: 1. Petitioners are Caldwell & Kearns, P.C., and Elizabeth H. Feather, Esquire. 2. Respondent is Stanley A. Handiboe, 112 South 4th Street, Halifax, PA 17032. 3. Petitioners were retained to represent Respondent in the above-captioned civil action. 4. Defendants are Sally J. Harper and H2 Transcription, Inc., who are represented by William C. Felker, Esquire. 5. Respondent has notified the Petitioners that he no longer needs representation. 6. Respondent has made it clear to the Petitioners that the Petitioners no longer have any authority to act on his behalf. 7. It is the Petitioners' understanding that the Respondent will appear pro se for any future court appearances in this matter. 8. There are no scheduled court hearings in this matter. 9. Petitioners believe that their withdrawal at this time can be accomplished without material effect on the interests of Plaintiff. 10. Petitioners will cooperate with Plaintiff in transmitting this matter to Plaintiff and/or other counsel by surrendering any papers or property to which the Respondent is entitled under Rule 1.16(d) of the Pennsylvania Rules of Professional Conduct. 11. Petitioners request leave to withdraw their appearance in this matter for a good cause shown under Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct. 12. Petitioners spoke with Defendant's attorney, William C. Felker, Esquire, who raised no objection to Petitioners' withdrawal as counsel. 13. Respondent consents to Petitioners' withdrawal as his counsel. A copy of Respondent's Consent is attached hereto and incorporated herein as Exhibit "A". WHEREFORE, Petitioners respectfully request that this Honorable Court grant Petitioners leave to withdraw Petitioners' appearance as attorneys for Plaintiff in this action. Respectfully submitted, CALDWELL & KEARNS, P.C. Date: 1? J? By: ati Eliz eth H. Feather, Esquire Attorney I.D. #92618 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (Facsimile) efeather e,ckle a Attorneys for Plaintiff, Stanley A. Handiboe 07009-002/188088 ?? ?? STANLEY A. HANDIBOE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-3370 SALLY J. HARPER and CIVIL ACTION -LAW H2 TRANSCRIPTION, INC., Defendants CONSENT I, STANLEY A. HANDIBOE, hereby consent to my counsel of record, Elizabeth H. Feather, Esquire, of Caldwell & Kearns, P.C., withdrawing from the Cumberland County civil action No. 11-3370. I understand she will be filing a Petition to Withdraw as counsel of record with the Court and attaching this Consent as an exhibit. I understand that I have the right to retain other counsel; however, I have chosen to represent myself and appear pro se at this time. Dated: q1, 2 /a tanle tAHandibde 07009-002!188060 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this o?d D day of 4pR.1(. , 2012, on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Stanley A. Handiboe 112S.4 th Street Halifax, PA 17032 William C. Felker, Esquire P. O. Box 1401 Camp Hill, PA 17001 Caldwell & Kearns, P.C. By: STANLEY A. HANDIBOE, Plaintiff V. SALLY J. HARPER and H2 TRANSCRIPTION, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3370 : CIVIL ACTION -LAW / RULE TO SHOW CAUSE AND NOW, this 4;'l '7 , day of 2012, a Rule is hereby issued upon Plaintiff, Stanley A. Handiboe, and Defendants Sally J. Harper and H2 Transcription, Inc., to show cause why the attached Petition for Leave to Withdraw Appearance should not be granted. RULE RETURNABLE ? DAYS FROM SERVICE. BY THE COURT: 1 1 IVI 1 Ja n. . .U..,.. Commo Pleas Judge Distribution: V Elizabeth H. Feather, Esquire, Caldwell & Kearns, P.C., 3631 North Front Street, Harrisburg, PA 17110 ?William C. Felker, Esquire, P. O. Box 1401, Camp Hill, PA 17001 Stanley A. Handiboe, 112 S. 4"' Street, Halifax, PA 17032 lop;r's LIISb"I /it A?rTl -u CD ` -_