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HomeMy WebLinkAbout13-4098 OUR FILE NO. 00- 85905 -0 Supreme Co>ti-%t"�ennsylvania COUrfbf p leas For Prothonotary Use Only: Cavil�Cov r Sheet Docket No: tS7,t t, UMBEiLANI? County . . The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint D Writ of Summons l Petition Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T GEORGE B. HELDMANN, JR TRUST dba Mercer Chiefi MICHELLE WINTERS Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? Yes No (check one) []outside arbitration limits O N Is this a Class Action Suit? 0 Yes Q No Is this an MDJAppeal? El Yes El No A Name of Plaintiff/Appellant's Attorney: ALISON B. WEINROTH -SHAW, ESQUIRE Check here if you have no attorney (area Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS �l Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card Board of Assessment Motor Vehicle ®x Debt Collection: Other Board of Elections Nuisance BREACH OF CONTRACT Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) [I Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: El Employment Dispute: Other Zoning Board T Other: El Other: O MASS TORT Q Asbestos N E] Tobacco 0 Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment El Common Law /Statutory Arbitration B Eminent Domain/Condemnation Declaratory Judgment Ground Rent Mandamus Q Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 11 Quo Warranto El Dental Q Partition 11 Replevin El Legal [3 Quiet Title 0 Other: Medical E] Other: Other Professional: Updated 11112011 MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alison B. Weinroth -Shaw, Esquire Attorney I.D. No.: 84407 401 Route 70 East, Suite 100 L i j JUL Cherry Hill, New Jersey 08034 (856) 429 -5507 ( "U `1B cLA N0 COUNTY Y Attorneys for Plaintiff PEN SYLVANIA Our File Number: 00- 85905 -0 GEORGE B. HELDMANN, JR. TRUST COURT OF COMMON PLEAS d /b /a Mercer Chiefs/ice Land Cumberland County P.O. Box 235 Gwynedd Valley, PA 19437 Plaintiff, ................................................... ...................... ............................. +- ............. ._ ...... ........_._.........._ �V �... vs. No.: ......................................................................................................;........_...........-----..................._.......................... ............................... MICHELLE WINTERS "ARBITRATION MATTER 622 Woodland Avenue ASSESSMENT OF DAMAGES Mount Holly Springs, Pennsylvania 17065 HEARING NOT REQUIRED" Defendant. CIVIL ACTION COMPLAINT CIVIL ACTION: (1. CONTRACT) 1060 - Contracts for Goods, Enforcement of Accounts NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las paginas siguientes, usted tiene veinte (2) dias de plazo al partlr de la fecha de la demanda y la notificacion. Hace falta ansentar una comparesencia escrita o en persona o con un abogado'y entragar a la corte wn forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la coret tomar' medidas u puede continuar is demanda en contra suya sim previo aviso o notificacion. Ademas, la corte puede decidir a favor del emandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importsntes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI LISTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. Cumberland CountyBAR ASSOCIATION /Lawyer Referral Service - 32 S. Bedford Street Carlisle, PA 17013 � �'� ' 7 f dI Telephone: 800 - 990 -9108 a ' 2 3��5 MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alison B. Weinroth -Shaw, Esquire Attorney I.D. No.: 84407 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 (856) 429 -5507 Attorneys for Plaintiff Our File Number: 00- 85905 -0 GEORGE B. HELDMANN, JR. TRUST COURT OF COMMON PLEAS d /b /a Mercer Chiefs /Ice Land Cumberland County P. O. Box 235 Gwynedd Valley, PA 19437 Plaintiff, ................................................................................................................................. ............................... --------- vs. No.: ......................................................................................................,.....---....._............-----...-----................------.........----- ................_...__.... MICHELLE WINTERS 622 Woodland Avenue Mount Holly Springs, Pennsylvania 17065 Defendant. CIVIL ACTION COMPLAINT Plaintiff, GEORGE B. HELDMANN, JR. TRUST d /b /a Mercer Chiefs /Ice Land ( "collectively known as The Club "), with an mailing address of P.O. Box Office,Gwynedd Valley, PA 19437, by way of Complaint against the above named Defendant says: 1. Defendant, MICHELLE WINTERS, is an adult individual residing at 622 Woodland Avenue, Mount Holly Springs, Pennsylvania 17065. 2. On or about 5/23/10, the Defendant executed and delivered to Plaintiff an Ice Land /Mercer Chiefs Youth Hockey 2010 -2011 Player Agreement, (herein "Agreement ") for minor child, WINTERS. (Exhibit "A "). 3. The terms and conditions of accepting a roster spot on the team for minor child WINTERS, were clearly communicated (via the "Agreement ") to the Defendant, MICHELLE WINTERS, before Defendant signed the Agreement including cost, adherence to applicable league rules, the no refund policy, and the commitment that was required by both parent and player. 4. The team enrollment fee was $4,000.00. On or about 5/25/10, the Defendant paid $1,520.00 to Mercer Chiefs leaving a balance due of $2,480.00. (Exhibit "B "). 5. The Defendant made a request to alter the terms of the agreement. 6. The Defendant also made a request for a release for minor child WINTERS from the Mercer Chiefs. 7. Defendant's requests to alterthe terms of the agreement and also for a release were denied; however, the Mercer Chiefs organization was willing to give a formal release to minor child WINTERS upon Defendant, MICHELLE WINTERS, satisfaction on the balance due. 8. Plaintiff avers that the balance due amounts to $2,480.00. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part hereof. 10. The Defendant, MICHELLE WINTERS, is in default under the terms of the Agreement for failure to make payments as they became due. The following amounts are due: Principal + $ 2,480.00 TOTAL $ 2,480.00 WHEREFORE, Plaintiff demands Judgment against the Defendant, in the amount of $2,480.00, plus attorney's fees and costs of suit. . MATTLEMAN, WEINROTH & MILLER, P.C. Dated: jy Ij By: Alison . Weinroth -Shaw, Esquire Attorney I.D. No.: 84407 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. 2. This is an attempt to collect a debt and any information obtained will be used for that purpose. 3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 4. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy such verification of the debt of copy of the Judgment against you and a copy of such verification or Judgment will be mailed to you by our offices. 5. Upon written request, within 30 days, this office will provide you with the name and address of your original creditor concerning this debt, if different from the current creditor. LC uLi states that he /she is a representative for GEORGE B. HE MANN, JR. TRUST d /b /a Mercer Chiefs /Ice Land, Plaintiff herein; that they are acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of his /her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.A. section 4904 relating to unsworn falsification to authorities. Date: D� i i I i a i i . f i f _ i i I _ i c I j i i EXHI B i .- gs9os cull I" IV - L'l IO:Cb W"iii fil i - A h:rl Ili Y •tt:T fee Land/Mercer Chiefs Youth Hockey 2010 Play ement This do Wft1ent Constitutes a binding agreement tender the haws of the State of New 1vuy between (The Paratt or L-:VI Guardian refeirod to be dkw as "The parex n, Ott bohatf �� and die George 0. l ieldmann, Jr, Trust doing buslums as duo Mercer ChieWli;e Land (" Co 1tx1 as Tho Club "� a yob hockey orgaudzUien regis and with USA Hockey. The Club ptcvides a Tier I and Tier 11 hockey PK Or= that is considered highly compotitive and tn:qubw p stgrtlt"iaatt time con Mitment by both the player g,la d the parent. which she lid be tmdaratood by the player and the parent befoac Sigating this agr-cmenL 1. let conrtidera6m of the animal fee to be paid to the Club. tbo player is a member of tho M .F. A 6 N TION,s team for die 201 a- 2011 season, which tarts froth April 13.2010 to ,April 10, 2011. Durkt the reason, the cr p ataaimtr hockey exclusively for the club, except that the player' may panic in plc ing hockey for him scc hpolude (high school or prepaAfty school) roam. 2< The player nVom to attend an ice practim games, off -Ice training, insmcdonal Smi and otgpnized team meetaa$s When pr+evenmd by subatarrtlaood educational obl*utkm or medical reasons, Th player a� to mamtala high "pt standard" of acatiemlc achiovanee4 good citizenship and behavior at all club events, good pmumanship, and represent the club is a positive "earner. 3, In order to WVMe the highest level of competition. tbg regular league games are suppl with udditional non. ae i ad muttmment gamM which may rquim more substantial trawl than league games and is datory for all players. Failure l iciiW wilhow pod ztCttson may tMit in loss of play time andlor suspensions, Hot sl aocmmmodatiM tegairod for selected away games will bo booked by die Club's travel coordinmor through a laaguC greeted ttarvel represrrrtativr. A aWit card is needW In resorvr the roservation In yotr netme. please Complete the credit rd Inforrrmtion fa the tabu. A section below. 4. The dub dons n gamttuitec equal Icx limo to the player. S. The player and the parent $Stet to oblde by all rules and rcgulodons of all leagues and tions under which the Mercer m eta participate including USA Hockey, The Atlantic Amaxeur Hockey Assoelai oA. at Nor Jersey Youth Hockey Site, and the 1► er ChieMm Land organizt;on. Failure to follow these roles and reg lations may resuk In pr%etim agAiM the player but is no way will relieve tho parent of th financial obligations established this apment m 6. The USA Hockey individual membership t;04 is requit* but iS net ineWed and eta ail fees for the membmship mast be paid by rho parent. On -lino y cmatirnhacion is r+eouitnd w tratiott Cats be completed sow. . A_,LS {ll411 &> 4 Additioast Meths that ar he Mquvcd bat arc rhos i laded in the teanj f" are te0m imeys. socks. and the player's a wor the patW5 travel expenses. 7. The player and the parent acluwwbdgt that ice hockey is a contact sport. The player and d 0 par+rnt "gene dW ateMw the Motcer Chiefs. Ice land, The COUP 13 . Trust, nor any of its tn:sbees. ts, employees, and sponsors (coiloc dvdy "Ibe hockey organt sha11� J lefor , coy Injury or damp resulting 4 'reedy or iqd partkipadon with tho club. whekr tide 6nh from any Isy uclmrge tbt "hoc l� del lion occurs on or off the ice. The p the parent tba•thd' agree that they here d key orgmnircation" from any and all Actions, Ciaynrs. and do for injury or damage. it is undcedood that saint release and discharge shall bind the hairs, lepi roptssentatives, success turd assigns 4f fho pautles to this agrbomenL It is further apmd that the Club shall rtes be Wn%IdcrQd a guarantor of the saky of any eq ipal or t6cility provided for th,t benefit of both the player and the parent. >l. The Club r+osesrwes the tight to use anY PlctUrm ftd4n during any Club activity for promotional purposes without comper►satlon to either the player or the patent. The Merge" Chiefs name and logo are fat the clusivo its co use of the Club acrd corporate aE�liatiom. 9. During or utter the sensm the player n request a rolvase tram tho club tc participate wl another club the following. senson. The issuaneo of a release may by governed by league rules and is totally at the d' tlon of the Clab, under no club � will such a release be granted by tier Club u »loss botch tiro pleycr and the paraat In good standing with the payments doo the Club have ben paid in g !0, tom Sel wl The psrvnt to pay the Club as annual team fco or; AO . A minimum f 50%. ofthe foe Is tree team tlocton to secure the roster Spot, Four (4) payment plans are available for your co vordeata. A S %- dkeaunt E pap 1 of y i I � . I I I I _ { 4 I j 1 B EXHIBIT g S Cvf I' IV lb;cG Erl'rtclfxJGr rti Li;� llcJr ta4v� �� r Jf�l FACILITY: Ice Land YOUTH CHIEFS OPEN HOCKEY ENROLLMENT Date Entered O8/WS 010 EruW[Mont No! Pricc $4,000.00 mpl ID: � Note: =T0HgR INI�ORMAT N Now Nm; Last NNW. 68314ar Home Pt Wort R!t 1At11VT can phoIIQ: Fax N umber. _ Oraid an. EMAIl Addm a Address: 6x21M1►4d AV E $� Ptovi^r-a z p, MTHOLLYS PA 17ou PIT Mt aA—YMENTSC; DLL? DATE ANAT ouli PARR DATE AMTpAD POS TPAW =ON tNVI�tYO, osam010 - Not Paid SP, o6125/2410 SI.SZp osasmo $1.820. 0914 mlo $1,tloo Not Paid $a. 1001 /2010 $1.a0o Not Peld t0. TOW] EnMftft Agou S4.000. T otal Paid r Tatai Amount Outstancong $2,400. F - YER I OLLMENT Ii1�ORWiA71 t W49oN: MC 101 _ DMSOM T1 MAT]OK 94. R691t� 7EAkk r NATfW f AAi '� ..... TEAM CDST. SOLO$ �. INDIVIDUAL COST $]4.000,00 WROUMENr7YPE O + • INDMOUAL `— COACH: PLAYER PjWr NAND PLAYER LAST NAME DA L3,; SS�k WINTERS 111!8/1995_ SCROWCOLLEGE! OMDEN ALA PLAYING FXPMMM; _ PREVIOUS YEAR TEAK PREFFEM TEft - - -- - SPECIAL R24tq . PAID ASSN. FFE; - ' - O YES ONO ASSIV.>Y: 18 PAREW W84ESl IN CgAC W-0 O YES N O �L?.gsLO t2l;PaRr at�o oN THURSRAY, OCT 26.2Q1 t 1 1:09 AAA Page 1 of 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t ��_� � ;, Sheriff ,,ut r rats p E P 0 ( I .,� , I� � I�t lJ�I�1..��v� (/'1 t� Y Jody S Smith . Chief Deputy , � y 26 13 JUL 26 AM (Q: 3 U Richard W Stewart s MCE, TI a HERIFr CUMBERLAND COIJNT I Solicitor PENNSYLVANIA George B. Heldmann, Jr. Trust d/b/a Mercer Chiefs/Ice Land Case Number vs. 2013-4098 Michelle Winters SHERIFF'S RETURN OF SERVICE 07/16/2013 08:46 PM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michelle Winters at 1358 Centerville Road, Penn Township, Newville, PA 17241. A IE DIMAR E, LITY SHERIFF COST: $49.47 SO ANSWERS, July 17, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. GEORGE B. HELDMANN, JR. TRUST COURT OF COMMON PLEAS OF d/b/a Mercer Chiefs/tee Land CUMBERLAND COUNTY PENNSLVANIA Plaintiff V. No. 13-4098 Civil MICHELLE WINTERS ARBITRATION MATTER Defendant ASSESSMENT OF DAMAGES HEARING NOT REQUIRED � � W : CIVIL ACTION COMPLAINT rn NOTICE TO PLEAD c, ; TO: Alison B. Weinroth-Shaw, Esquire " 401 Route 70 East, Suite 100 Cherry Hill,New Jersey 08034 You are hereby notified to file a written response to the enclosed within twenty(20)days from service hereof or a judgment may be entered against you. Respectfully Submi ed, DEYO & IN Date: Drew F. Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Attorney I.D. # 308857 Attorney for Defendant GEORGE B. HELDMANN, JR. TRUST COURT OF COMMON PLEAS OF d/b/a Mercer Chiefs/Ice Land CUMBERLAND COUNTY PENNSLVANIA Plaintiff V. No. 13-4098 Civil MICHELLE WINTERS ARBITRATION MATTER Defendant ASSESSMENT OF DAMAGES HEARING NOT REQUIRED CIVIL ACTION COMPLAINT DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS COMPLAINT AND NOW, comes Defendant, Michelle Winters, by and through her attorney, Drew F. Deyo,Esquire, and pursuant to her Preliminary Objections, avers as follows: I. Legal demurrer pursuant to Rule 1028(a)(4) of Civil Procedure 1. Plaintiff alleges that it formed an agreement with Ms. Winters, and that Ms. Winters breached the agreement by not making timely payments. 2. The agreement attached to the Complaint by Plaintiff is not signed by Plaintiff, or any representative of Plaintiff. 3. Without a signature on the document,the alleged contract is not valid. WHEREFORE,Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice. II. Insufficient Specificity in Pleading 4. All previous paragraphs are incorporated by reference as though fully set forth herein. 5. Plaintiff alleges that Ms. Winters owed $4000.00 under the contract, and that she paid $1520.00, and therefore owes $2480.00. 6. However, Plaintiff fails to state why Ms. Winters only paid $1520.00, and not$2000.00, as stated in Plaintiff's Exhibit A. 7. Plaintiff s Complaint fails to state the terms of other agreements between the parties and the dates of those agreements WHEREFORE,Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice. III.Legal demurrer pursuant to Rule 1028(a)(4) of Civil Procedure for Plaintiff's Request for Attorney's Fees 8. Previous paragraphs are incorporated herein by reference thereto as if fully set out. 9. Plaintiff s;Complaint makes a request for attorney's fees. 10. Plaintiffs Complaint identifies no document that would entitle Plaintiff to Attorney's Fees. 11. Likewise,Plaintiff s Complaint does not cite to any law that would entitle it Attorney's Fees. WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's request for Attorney's fees with prejudice. Respectfully Submitted, DEYO & KULLING Date: Drew eyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Attorney I.D. # 308857 Attorney for Defendant GEORGE B. HELDMANN, JR. TRUST COURT OF COMMON PLEAS OF d/b/a Mercer Chiefs/Ice Land CUMBERLAND COUNTY PENNSLVANIA Plaintiff V. No. 13-4098 Civil MICHELLE WINTERS ARBITRATION MATTER Defendant ASSESSMENT OF DAMAGES HEARING NOT REQUIRED CIVIL ACTION COMPLAINT CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Defendants Preliminary Objections to Plaintiff's Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Alison B. Weinroth-Shaw, Esquire 401 Route 70 East, Suite 100 Cherry Hill,New Jersey 08034 Respectfully Submitted, DEYO & K LING Date: Drew F. Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Attorney I.D. # 308857 Attorney for Defendant 1 MATTLEMAN,WEINROTH& MILLER,P.C. CF FREE PROTHONOTARY BY: Stephen H. Barrett, Esquire Attorney ID# 313709 2M 13 MCI 3 0 PM 1: 4 7 401 Route 70 East, Suite 100 CUMBERLAND COUNTY Cherry Hill,New Jersey 08034 PENNSYLVANIA (856) 429-5507 Attorneys for Plaintiff File No.: 00-85905-0 GEORGE B HELDMANN JR. TRUST COURT OF COMMON PLEAS d/b/a Mercer Chiefs/Ice Land ; Cumberland County PO Box 235 Gwynedd Valley, PA 19437 Plaintiff -----------------------------------------L---------------------------------------- VS. NO: 13-4098 Civil -----------------'------------=---------------------------------------------------- MICHELLE WINTERS 1358 Centerville Road Penn Township ; Newville, Pennsylvania 17241 Defendant(s) PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff, George B. Heldmann, Jr. Trust d/b/a Mercer Chiefs/Ice Land, by and through its undersigned counsel, responds to Defendant's Preliminary Objections and, in support thereof, avers as follows: I. Legal Demurrer Pursuant to Rule 1028(a)(4) of Civil Procedure 1. Admitted. 2. Denied as stated. The averments of this paragraph contain disputes as to the written agreement appended to Plaintiff's Complaint and, as such,this paragraph requires no response as the writings at issue speak for themselves. By way of further response, Defendant's name clearly appears on page 2 of the Contract attached as Exhibit"A"to Plaintiff's Complaint and Defendant is the party to be bound in this matter. 3. Denied. The averments of this paragraph contain conclusions of law to which no response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to Overrule Defendant's Preliminary Objections. II. Insufficient Specificity in Pleading 4. Plaintiff incorporates their responses to paragraphs 1 through 3 above as if fully restated i herein. 5. Admitted. 6. Denied. The averments of this paragraph contain disputes as to the written agreement appended to Plaintiff's Complaint and, as such, this paragraph requires no response as the writings at issue speak for themselves. By way of further response, Exhibit"A"to Plaintiff's Complaint represents the intended payment arrangement, whereas Exhibit`B" reflects the payment as it actually occurred. 7. Denied. The averments of this paragraph contain disputes as to the written agreement appended to.Plaintiff's Complaint and, as such,this paragraph requires no response as the writings at issue speak for themselves. By way of further response, Plaintiff attached the agreement at issue and the terms set forth therein are properly incorporated by reference in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court to Overrule Defendant's Preliminary Objections. i i III. Legal Demurrer Pursuant to Rule 1028(a)(4) of Civil Procedure for Plaintiff's Request for Attorney's Fees 8. Plaintiff incorporates their responses to paragraphs 1 through 7 above as if fully restated herein. 9. Denied as stated. By way of further response, Plaintiff is not seeking a separate recovery of attorney's fees such that would warrant a demurrer, rather, Plaintiff included "attorney's fees" generally as a potential damage to be awarded in the Court's discretion. 10. Admitted in part and denied in part. It is admitted that Plaintiff s Complaint does not specifically identify a document allowing for the recovery of attorney's fees,however, the implication that Plaintiff is ultimately barred from recovering attorney's fees amounts to a legal conclusion and is specifically Denied. 11. Admitted in;part and denied in part. It is admitted that Plaintiff s Complaint does not specifically identify a statute or other law allowing for the recovery of attorney's fees, however,the implication that Plaintiff is ultimately barred from recovering attorney's fees amounts to a legal conclusion and is specifically Denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court to Overrule Defendant's Preliminary Objections. Dated: Stephen H. Barrett, Esquire Attorney I.D.No.: 313709 MATTLEMAN, WEINROTH&MILLER, P.C. 401 Route 70 East, Suite 100 Cherry Hill,NJ 08034 P: 856-429-5507 ext. 424 F. 856-429-9036 E: sbarrett@mwm-law.com Attorneys for Plaintiff MATTLEMAN,WEINROTH & MILLER,P.C. BY: Stephen H. Barrett, Esquire Attorney ID# 313709 401 Route 70 East,Suite 100 Cherry Hill,New Jersey 08034 (856) 429-5507 Attorneys for Plaintiff File No.: 00-85905-0 GEORGE B HELDMANN JR. TRUST COURT OF COMMON PLEAS d/b/a Mercer Chiefs/Ice Land ; Cumberland County PO Box 235 Gwynedd Valley, PA 19437 Plaintiff -----------------I------------------------1'---------------------------------------- 1 1 vs. NO: 13-4098 Civil -----------'-----!------------------------1----------------------------------------- MICHELLE WINTERS 1358 Centerville Road Penn Township Newville, Pennsylvania 17241 1 I I I Defendant(s) CERTIFICATION OF SERVICE I, Stephen H. Barrett, Esquire, hereby certify that on August 28, 2013, I caused a copy of the foregoing Plaintiff's Response to Defendant's Preliminary Objections to be served upon the following, by U.S. First Class Mail: Drew F. Deyo, Esquire Deyo & Kulling 50 East High Street Carlisle, PA 17013 Dated: Step en H. Barrett, Esquire Attorney I.D.No.: 313709 MATTLEMAN, WEINROTH&MILLER, P.C. 401 Route 70 East, Suite 100 Cherry Hill,NJ 08034 P: 856-429-5507 ext. 424 F. 856-429-9036 E: sbarrett@mwm-law.com Attorneys for Plaintiff i I i I I I EXHIBIT "A" Cite!" tV'G:7 tU:tJ [!3"tresttubr'b / ltti r �r/3 AM fee lAnd/M mer Chief`s Y nth Hockey 2010-2011 Player . ems T' is doottaueht constitatts a binding aV*ft art tinder the hm of the Statt of New?ctssy bet 11 {f he Parptt or Lap)titmt`din referred to bm!ft er as`"lieu parean,CA bohalfpE'+��- rTht Phydi. And the Gc omp$.Heldmeort Jr.Trust doing bustnoss as to MCrea ChiEfAco 1.autd{" giltxtfv vn .The C3ob"),a yotrdt bogy otgatstzadon t'tgi aed with USA Hockey.'Cho Club pW a Tier land Vert[6cso2sty 6W is waidered highly compotitive and tequlrcs a s Igalfwa cttttt contrAkment by both the playa Od the patent,which she be tan OU00d by rho player and the patent b sfom slgntng this ar-mem- 1, in coau>€dtut af the annual feet ut be paid to she dttb.the ptapa is a meunitcr ot'the,M AFT AAA fi N Tit}tH,� wam for the 2010-2011 sc asc&whkh tuns from Apr11 13,20 10 to April 10,2011.Durinj tM season,thv playa ugt=to play ats SM b t:atclusivoly ROr due etnb,wccept that talc playa may partk see lit 00 4 hockty for his/her scholastic (high schoot Ear vrep �t txti ' 2. The player agroas,m isttetgd nn ice practices, gsroes,off a traiAing,lnstrrtcticrrta+i msial and.Orgbaizoi tai)a motoop 1 c=pt when pt+tvcmed by su}tvt ndatrdt cducatimal ob]Wdom or medical Tr}as O&The Platycr RVM to-unaintarla Wgh sbtnttw*ofmadwaft;ad0ovemeo4 good cWz=Wp auul bakaviar at all club evonm good ip,and(epresent the club in a posidve man=. X In otdot'to provide the hlghc o lavrl of compotifion,deal regukr league games arc supplem ated with uddtlonai Mn-k and wurwuucnt gamm wWch may mquira more substantial traW than)ago gsmas tool is i Mdatory far all players.Failtut to ptattciPata vrl&=good reason stay result in loss of play dwo and/or suspanians.Hot j socomumda6m required for z: sOmed aumy games will be bookil by to Clots ttmvet Coordinaw through a IaagnC dix ignewd travel rat vm A credit card is ncedod to tesorvt the rvsavalion in ypw name.Pte "W alto creft inkfmadon in the Payment section below. 4. Tfat dub does s»rt gnurrzee equal lee tutus to the playa. S. That player and the Parana to abide by all rules arid rtguhsr ws of alt kapes and OMM utions under which tbo Maier griefs pmticipm in;ktft USA Hockey,The Atlmuk A.madei r Hockey Associatim Wow Tcmy Y,oatb Hockey 1 tagtte,and the Momer Cl kWke Land arV nlra6on,Failure to follow blase rules and rcV latices may molt In pfttiom aprinst t#te ply but in to way will tallevC tits pwtat of tht fi;meial obligbikm cs>ablis1►od this avrea ttm 6. The USA)'Hockey individual membota*rogistratatrri is trclu'ar�but it not included and arty all fees for the lmtnt WAIllp no be}raid by tb* pwz nt. OrAine tegisttatiao tan bo completed at . A rceitttra<tion cm[*Mft ia:_r' jMd�:rhh jbfi nrraeutmt.lld&floaga nodes teat are rogairaxl bat acs not' ludo}in the taunt fm ate team jo eys,socks.end the player's 2 Wcc tho putt's navel taRptmm 7_ The player and the Parent w1mowledge heat ib--Wty is a contact smelt.13te playor and d patrol Woe tent itthlwr#ta MO=r Chiefs. Im t.ar4`be Gtmga D. Hekhuftzt.Jr.Trus4 rani any of its hnabees- aenployees and sponsors (callocdv*"Ihc hockey otganinfion')shall be)anent for any injury or damage resuultiag diremly or irtdirtotlj+from any pia"paution whb tho cltdt;whether Bach pardctp*tion oeetns on or off for ice The player w d Ott:parent kdw agree that they hmby disr�the"hockey otgaolwiae from any and all etas.Clatims,and dome Kis fwr Injury or damage.It is undt rAc*d that said rebuses and dlselaw Sc stall bind the baiq,legal ropmsentatives,sucecsss And assigns of On pattles to this agooment It Is foals ngrced that the Club shall slot be conslikred a guarantor of dw sak y of any eguiprac at or faeithy provide!.far ft bmitftt of bout the plga and the p acct The Chub rosarvet the Agee to-use any Pictures td" during any Ruts "vity for ionaal purposes tnilho ut ,compoisadon to rithtrr the player or the pain.Tea Aiet+ces'C*4 haute and IiW ata Tor tlto atsiva use of the dub and its cotpotate.aMlatlorls. t }'wrung or alder the xnsoL the player treaty"out a release fi+orn the crab to patticlpatc wl h a:rotlw club the tollowtng soason.The ilFbuttncp of it totem may bo governed by leatgue roles nand is tdu dly at the disc vdea of tarn Glob.lender no cif•Wm snob as rtldpae ba gtmatcd by ft Club u»lass bath rho player and titw parent am in good stattdittg with ttrc chib and all paytrtem dray the Club have boat paid In fop, 1 R PAYMHN7,The paivatt upooa to putt'the CM an annual team foo of .00.A mlMmurrl of 30%of the fee Is duo upon team sdoction to stoat the roster spot: PCctr(4)pa0mxm}Amts are available, for your ew veniento. A SWdEmount 1s ?Wiaf2 cu.t r-Jul" s o:c� tit atst tisk3t y tuns t t s a t c 7t ra�tui avat;abio pafing tots fea#d iii"m tam aotaetim no kaft cau pica wdi permit 2S%)Wft the&a a bakmce paid in tbu by ItAnom VAM&C ! Stns the amb or is dRV xjrow waIot m geesfabllstl nft FAD=to moo Or mim wmants by the dvo d"may of ed t ho st um ordw pkyst Et the&OmdoA afae Ch b, Phmya AOCtptzytnant Option beer. f1 Pxla6ali�xdi {�. ❑ PgytnGnt is iitll�/546 dtaaouai(txaditau� 1 tr''I Haa�wah a Paymo�gI{t3t tbztc of tram +odtQ by .. sti/Ittl�1�aartt>ua by it�oro. �.F bm( cardj F�yaat #1(at timc of tarsm sotccr ae � by stIM10; Pr►}�amtiiC3Q�by Y(tJJ�►1!b - i".QIxR Crtd I For Poo po menb uad/er hotel Rvmrvaw +.Nola:sy the e yW c%ca cad Cos tba dery.na i prmaoms a k uoWd. Er d►e�� tt fm 9by�b s�uf,the=tirc amzmW ibe lass 0 s%dieootm wia be to Yb It card at the dWddS F 'typo ofCad(click me); V4a Mastemd Dispow Aa�erkx4 i Nmae oII Csrci Cad Nmmbor Ct?Y2JCVG Co4K s' 1 I. Due to the c=pkadW of udieduft pomodA raqursft f spedfiC pme and ptaetkt tines x»d' iR eqmaot be. mmmmWattxL A best tlWd w M bt»*o W tie Clab to mw*otm"mtkimm for an pbq= and pamat0i the xlvtn comma aft ten�aaa xas smeaiapa at rot L L't- FAR RAW AM?IAYIM ONLY Pkm"lots dioib owing Wxu� ?= Sdmol A in iFnd 5mm stow, wewaw- 13- DQCUi $VbQUIRBD'R TEH TMS AGRMWIENT ti Copy a!'pl yWS bh*txtti$cate " o Cm**USA Ho*t7- Madicnt WsU*y Faim 13 LISAy J l Q LISA HOC166y Pa*fptaCodaofd ❑ AYNLFlow-B4 0tcmaatPolicy(Tkr10*) 'ibe phgw and tba ptunnthm*by joW iyWo to ft p mjakw of#*�i3e,its dmdcmy. e x to far tl n rmaevoo&a al f.4opbyer is a oo with&C establhw�nab,seal need to bik&(W- oWW60ea Oma pky"Astarter hucbL I'ARWrltBM.L GUARIDM l MZW,�SK GBWWCS LAND t Wamfx Data: t f �zafz i i i i I i i I i I I I I ' I EXHIBIT " B" I cut l-iv-G7 �C):GC AjlvCi#mvu r1issLlf! JICJf IJ�VJ f� ' r .7,1;t FACwTY: let Lmd YOUTH CHIEFS OPEN 14ocKEy ENROUMENT Date Enterett: Q51 smia Eftrojmwnt No: aw Prke; U.DW-W I mpl ILA Note. TpMER tAll`ORMA NN Flret LasttVan+o� GWMAW.. Noma PhD= W-k Phow wMam, Coll Ph ow. PBX Number: VQioPhc w. L ttt*l)Addmm: Aiklrem Ststol Ambum AVE --- CAV -- MTHOLLYSOW PA 17tl85 PA1t�+[FhtT MIS7'bRY FAYMElV7Ss;}�nr11 i= OW DAM Al4f1 PAW OATS At�t1rPAW POS lArvtlit NO. PS126t�1C Not Paid Su 05t25rLDt0 ¢ osms a10 08101DA4t) S4 .W Paid } tWIWO S1,8no Not Pa Total EMWORm¢ut AgM1oU S4CDb_ ToWPaid 7otai Amount Quxstandtng $'2.480. t1T3 Af+IO�ypOF St i F—LAYM/EMM&WHIL INFORMA N SEASON: MC iatl - DMWft 'N MYONALS 04.115 YSAM rtwzLWdAti _ Tt:AAM txt5i; SD 40 tND1Ymum.Cosr u.00a,on COACK PLAYER f:11W Nqe PLAYER tA5-f NAW 11.033.: SSt+k N'WTM str78/1885 SCROMCOUEGE! �t#�►Ult72NN) _ _ CdRAOt IYEAfir PtAYNG 0W PREVIOUS YEAR T&q& PREFFeFtW TFANR u PREFERREP POSITION: PAID ASSN.FM 0 YES O Alp � ASSM 9: 1S PAREW WMMM MI WAC N&I YES NO 9P9810NS A E 1 REPOR 'Q9G RATM ON TN1ltt8DAY.OCTCM 20.201 t 11:03 AM Page 1 of 1 i ' Our File No.: 00-85905-0 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court,) CAPTION OF CASE i (entire caption rrvust be stated in full) -_ GEORGE B. HELDMAN JR. TRUST iii C:) d/b/a Mercer Chiefs/Ice Land © W5. ivy c I MICHELLE WINTERS 13 4098 Z CD CD i No. 1. State matter to be argued(i.e., plaintiffs motion for new trial,defendant's demurrer to - - complaint,etc.): DEFENDANT'S PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: STEPHEN H. BARRETT, ESQUIRE Mattleman, Weinro�tiNiOTU AdH.U. 401 Route 74 East, Suite 100, Cherry Hill, NJ 08034 p (b) for defendants: DREW F. DEYO, ESQUIRE DEYO & KULLINGName and Address) 50 East High Sheet, Carlisle, PA 17013 3_ 1 will notify all parties in writing within two days that this case has been listed for argument. 4- Argument Court Date: December 20, 2013 I _ Signature Stephen H. Barrett Print your name PLAINTIFF-George B.Heldman Jr.Trust Attorney for Date: 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 14 days prior to argument. 3.The responding party shall file their brief 7 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. 048)9:7�pd a. 6 iv 0,4 GEORGE B. HELDMANN, JR. TRUST : COURT OF COMMON PLEAS OF d/b/a Mercer Chiefs/Ice Land : CUMBERLAND COUNTY PENNSLVANIA Plaintiff v. : No. 13-4098 Civil MICHELLE WINTERS : ARBITRATION MATTER Defendant : ASSESSMENT OF DAMAGES : HEARING NOT REQUIRED : CIVIL ACTION COMPLAINT PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Please withdraw the Preliminary Objections filed by the Defendant in the abce cp c captioned case. ' -ri rn er -- u'c� �► �c:a C© -co Q-'1 c», I3**= -4 Respectfully submitted, DEYO & KULLING Date: t) / 1-7 / 13 • Drew " . Deyo, Es uire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308857 Attorney for Defendant GEORGE B. HELDMANN, JR. TRUST : COURT OF COMMON PLEAS OF d/b/a Mercer Chiefs/Ice Land : CUMBERLAND COUNTY PENNSLVANIA Plaintiff v. : No. 13-4098 Civil MICHELLE WINTERS : ARBITRATION MATTER Defendant : ASSESSMENT OF DAMAGES : HEARING NOT REQUIRED : CIVIL ACTION COMPLAINT CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of this Praecipe to Withdraw Preliminary Objections upon the following by depositing the same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stephen H. Barrett, Esquire Mattleman, Weinroth& Miller, P.C. 401 Route 70 East, Suite 100 Cherry Hill, PA 08034 Respectfully submitted, DEYO & KULLING te: ( c) 1r7! 13 Dre �yo, E••uire 50 Eas High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID# 308857 Attorney for Defendant GEORGE B. HELDMANN, JR. d/b /a Mercer Chiefs /Ice Land PENNSLVANIA Plaintiff v. MICHELLE WINTERS Defendant TRUST : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY e m No. 13 -4098 Civil r : ARBITRATION MATTER c : ASSESSMENT OF DAMAGES P : HEARING NOT REQUIRED > : CIVIL ACTION COMPLAINT NOTICE TO PLEAD TO: Alison B. Weinroth -Shaw, Esquire 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 0 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: '5-1°— I Respectfully submitted, DEYO & KULLING Drew F. Deyo, squire 50 East High Street Carlisle, PA 17013 (717) 386 -5639 Supreme Court ID # 308857 Attorney for Defendant Fri GEORGE B. HELDMANN, JR. TRUST : COURT OF COMMON PLEAS OF d/b /a Mercer Chiefs /Ice Land : CUMBERLAND COUNTY PENNSLVANIA Plaintiff v. : No. 13 -4098 Civil MICHELLE WINTERS Defendant : ARBITRATION MATTER : ASSESSMENT OF DAMAGES : HEARING NOT REQUIRED : CIVIL ACTION COMPLAINT DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Michelle Winters, by and through her counsel, Drew F. Deyo, Esquire, and in response to Plaintiff's Complaint, answers as follows: 1. Admitted. 2. Denied, and strict proof of the same is demanded. Plaintiff never executed any agreement. 3. Denied, and strict proof of the same is demanded. 4. Defendant admits paying $1520.00 to Mercer Chiefs. The rest of paragraph four is denied, and strict proof of the same is demanded. 5. Denied and strict proof of the same is demanded. 6. Denied and strict proof of the same is demanded. 7. Denied and strict proof of the same is demanded. 8. Admitted. 9. Paragraph 9 is a conclusion of law to which to no responsive pleading is required. 10. Paragraph 10 is a conclusion of law to which to no responsive pleading is required. WHEREFORE, Defendant respectfully request Plaintiffs' Complaint be dismissed. NEW MATTER 11. All previous paragraphs are incorporated by reference as though fully set forth herein. 12. Plaintiff's Complaint in contract fails for a lack of acceptance. 13. Plaintiff's Complaint in contract fails for a lack of consideration. 14. On March 4, 2011, Plaintiff, by and through its agent, Michel Petit, released Defendant of any financial obligation owed to it. A true and correct copy of Mr. Petit's letter is attached hereto as Attachment A. 15. Defendant's son only played a couple of games with the Mercer Chiefs Youth Hockey team, and the $1520.00 that Defendant paid would easily have covered any ice team that her son participated in. 16. Plaintiff's Complaint in contract is barred by the doctrine of promissory estoppel insofar as Plaintiff promised to release Defendant of any financial obligation, which was reasonably relied upon to Defendant's detriment. 17. Plaintiff's Complaint is barred by the doctrine of laches, insofar as the alleged agreement took place on May 23, 2010, but Plaintiff did not file suit until July 2, 2013. 18. Plaintiff's Complaint is barred by the doctrine of equitable estoppel. Date: WHEREFORE, Defendant respectfully request Plaintiffs' Complaint be dismissed. C) Respectfully submitted, DEYO & KULLING 770 Drew i/111 . Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308857 Attorney for Defendant GEORGE B. HELDMANN, JR. TRUST : d/b/a Mercer Chiefs/Ice Land PENNSLVANIA Plaintiff v. MICHELLE WINTERS Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 13-4098 Civil : ARBITRATION MATTER : ASSESSMENT OF DAMAGES : HEARING NOT REQUIRED : CIVIL ACTION COMPLAINT CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of this Answer upon the following by depositing the same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Alison B. Weinroth-Shaw, Esquire 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Date: Respectfully submitted, DEYO & KULLING Drew F. Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308857 Attorney for Defendant March 4, 2011 To whom it may concern, I was employed as the Director of hockey for the Mercer Chiefs from March 2010 until September 29, 2010. During this period of time, I personally offered Michelle and Kace Winters a contract for Kace to play for my Midget National Mercer Chief team. At some point Michelle Winters came to my office at Ice Land and we had a long discussion about her financial situation. She expressed to me that she thought that she was going to have been charged less because her son was only going to be able to attend about half of the practices and since she lived so far it was really costing her a lot of money. If she was not able to have a price break, she was going to have to have Kace released because she could not afford it. I told her that I completely under tood her situation but I needed to clear that with the owners first and would let her know what they were willing to do. Later, that same day, I met with Alan Criswell in my office at Iceland and explained Michelle Winters entire situation and how she either needed a price reduction or an outright release. Alan Criswell said absolutely NOT to the price break for Michelle Winters or anyone else. He said that everyone needed to pay the same amount without exception. He told me that she would have to pay the full amount or I could give her the release for her son to go and play somewhere else. I verbally told Michelle Winters what Alan Criswell's decision was and that we agreed for her to be given the release for Nece. The paperwork was never given to Michelle Winters because the Criswells terminated me a few days later out of blue. I feel really bad for what Michelle and Kace Winters are going through because I know for a fact that his release was authorized and given. Kace is a great kid and deserves to have all of this behind him. The Winters have done everything the right way and I feel have been really mistreated throughout this entire ordeal. Sincerely, Michel Petit NOTARIAL SEAL wwmmELLT JOHNSON Notary Public MEDIA SORO, DELAWARE CNTY My Commission Expires Apr 22, 2014 MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alicia M. Sandoval, Esquire Attorney I.D. No.: 311874 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 Telephone: 856- 429 -5507 Attorneys for Plaintiff Our File Number: 00- 85905 -0 F I'= f HHf_ "R i T ti 01'4 0 T; cI MAR 28 MI 10: 35 CUMBERLAND COUNTY PENNSYLVANIA GEORGE B. HELDMAN JR. TRUST d /b /a Mercer Chiefs /Ice Land Plaintiff(s), vs. MICHELLE WINTERS Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY Case Number: 13 -4098 Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the Plaintiff, GEORGE B. HELDMAN JR. TRUST d /b /a Mercer Chiefs /Ice Land. Date: March 27, 2014 By: MATTLEMAN, WEINROTH & MILLER, P.C. jfr/( Alicia M. Attorney 1 �andokral, Esquire or PJ intiff MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alicia M. Sandoval, Esquire Attorney I.D. No.: 311874 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 (856) 429 -5507 Attorneys for Plaintiff Our File Number: 00- 85905 -0 f. }iE PROTHON0 7A 2 IIf!U R28 IHI3 :35 CUMBERLAND COUNTY PENNSYLVANIA GEORGE B. HELDMANN, JR. TRUST d /b /a Mercer Chiefs /Ice Land Plaintiff, vs. MICHELLE WINTERS Defendant. 4 COURT OF COMMON PLEAS Cumberland County No.: 13 -4098 Civil REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff George B. Heldmann, Jr. Trust d /b /a Mercer Chiefs /Ice Land (hereinafter, "Plaintiff "), by and through its undersigned counsel, Mattleman, Weinroth & Miller, P.C., and hereby replies to Defendant Michelle Winters' (hereinafter, "Defendant ") as follows: REPLY TO NEW MATTER 11. Plaintiff incorporates the allegations of its Complaint as if set forth fully herein. 12. Denied as a conclusion of law to which no response is required. 13. Denied as a conclusion of law to which no response is required. 14. Denied. It is strictly denied that Plaintiff released Defendant of any financial obligation owed to it. Strict proof is demanded at trial. 15. Denied. Plaintiff is without sufficient information to admit or deny the allegations contained in the corresponding paragraph of Defendant's New Matter, so they are denied. Further, the Plaintiffs Attachment "A" is a document that speaks for itself. Strict proof is demanded at trial. 16. Denied as a conclusion of law to which no response is required. It is further denied that Plaintiff promised to release Defendant of any financial obligation. Strict proof is demanded at trial. 17. Denied as a conclusion of law to which no response is required. 18. Denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff. Respectfully submitted, MATTLEMAN, WEINROTH & MILLER, P.C. Dated: 3/27/14 Alicia M. Sandov.l Esquire No. 3111874 Attorney I Attorneys for Plaintiff MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alicia M. Sandoval, Esquire Attorney I.D. No.: 311874 401 Route 70 East, Suite 100 Cherry Hill, New Jersey 08034 (856) 429 -5507 Attorneys for Plaintiff Our File Number: 00- 85905 -0 GEORGE B. HELDMANN, JR. TRUST d /b /a Mercer Chiefs /Ice Land Plaintiff, vs. MICHELLE WINTERS Defendant. COURT OF COMMON PLEAS Cumberland County No.: 13 -4098 Civil CERTIFICATE OF SERVICE I, Alicia M. Sandoval, Esquire, do hereby certify this 27th day of March, 2014, that I duly served a true and correct copy of the foregoing Reply to New Matter upon the following counsel via U.S. certified and first class mail, postage prepaid: Dated: 3 /27 1q Drew F. Deyo, Esquire DEYO & KULLING 50 East High Street Carlisle, PA 17013 Attorney for Defendant Michelle Winters Alicia oval, Esquire