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Home My WebLink About05-1882NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ()J NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. rvwME OF PVIELLgNT 2 ZeLtlin's Security Group 09-150E AOOR . OF APPELLANT Poe 2026 Market Street, p.0. Box 144, Camp Hill, PA 17011 OAT. GF au OCM ENT THE CASE 3-29-05 rv Zeplin's Security Group v. Tsoukatos, Sonata CLAIM NO. Orv ATUHE OF AF ELLANT OR F1-5 ATTORNEY OF AGENT TA 19 -CV nnnrn 5 05 r-L LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant /see Pa. R.C.P.J.P. No. 100166) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE /This section of form to be used ONLY when appellant was DEFENDANT /see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal Name of appellees) -) within twenty (20) days after service of rule or suffer entry of judgment of rlon pros. Signature of appellant or h,s attorney or agent RULE: Tc Name of appellee (sl appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 19 -. of Prothonotary or Deputy AOPC 319-R4 . •• +^ ?r ??? Y`r1 ??n TLJ ?OrITLIlIPIYlT A1JV PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST RE FILED WITHlN FIVE (5) (JAYS AFITR filing the nolwo ni appeal. Clw? /, )pi)lirable boxes/ COMMONWEALTH OF PENNSYLVANIA COUNTY ; ss AFFIDAVIT: tic reby swear or affirm that served L a copy of the Notice of ,Appeal, Common Pleas No upon the District Justice (I esigIT ared therein on (date ofsurvee)-- 19-_, by personal service by (carllfiod) (registered) mail, sender's receipt attached hereto, and upon the appellee. rill 19byp'i>onal'ci vI(v by (cei t i fi e(I) if eg is ifedimail, sender's teceipt a ttached hereto_ and ttu-ther that I served the Rule to File a Complaint accompanying thu ahov(! Notice of Appeal upon the appellees) Io whom the Rule was addressed on. , 19- by persoocll '('lm('(' f _? by (c,erti Fred) (re(istered) mail, sender's receipt attached heretc, SWORN (AFFIRMLD) AND SUBSCRIBED BEFORE ME THIS __-_ _.__DAY OF_- 19_. S,m u , of a1fiant S )n,rtum v > I cidr h?aurr whunnrlr do v9 w..sncu/c 7Rlc ill olgdal - - ? My commission expires of - 19-. \ 4Q Cri d J 7j (I- C7 a -r Till T Fri Cr?;: N _r7 IF- Q ) n ? cn w APR-12-2005 08:47AM FROM-MANCKE WAGNER SPREHA UUW11V1UNVVCAL I t1 Vt- l'tNNSYLVANIA r:nl INTv nF- CUMBERLAND 09-1-02 MDJNBm. Dion ROBERT V. MANLOVE Aua'215 ' 1901 STATE ST CAMP HILL, PA Taws e. (77,7) 761-0583 17011-0000 ZEPLIN%9 SECURITY CROUP 2026 MARKET STREET PO BOX 144 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT:- a] dgment:, Judgment was entered for: +717-234-7080 T-144 P.002/002 F-166 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF CIVIL CASE NANIE and ADDRESS rZHPLINIS SECURITY CROUP 2026 MARKET STREET PO BOX 144 CAMP HILL, PA 17011 J Vs. DEFENDANTS NAMEa,d ADDRESS rTSOUKATOS, SONATA 6 A RICHLAND IN APT/STE 101 CAMP HILL, PA 17011 ? J Docket No.: CV-0000045-05 Date Filed: 1/19/05 (Name) T5%o=Amna., gnwPoph, ® Judgment was entered against: (Name) 71MT JNv A Rie Un TTY r"ROIIP in the amount of $ ? Defendants are jointly and severally liable. ? Damages will be assessed on: F1 This case dismissed without prejudice. Amount of Judgment Subject to ? Atta0ment/42 Pa.C-S. § 8127 $ Portion of Judgment for physical ? damages arising out of residential lease $ (Date & Time) Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT 01= COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MAR 2 9 2005DateTd1 \,A(& 64"4 l Magisterial District Judge I certify that this is a true and correct copy of the record of the pr eedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2006 . on: (Date of Judgment) 3.119440G SEAL AOPC 315-05 DATE PRINTEDt 3/29/05 3:07:44 PM r 9 {n cr T . J ]ll PROOI- OF SERVICE OF NOTICE OF APPEAL AND RULE TO F"L >MPLA9rJT (rhispiool otsc-,icr•,MCSTBE FILED W/TH/NFIVE(6)DAYSAFIf F, fi;inq the no+-o(ui to a/. C4cc ". /y-h:abJ ,rxesl COMMONWEALTH OF PENNSYLVANIA COUNTY OF?/r !> AFFIDAVIT: herby svwedr uw afilnn that served a copy " the Notice of Appeal Common Pled No.615' /8.91.2-upon Olt Di,u;cl r+ g; n d thus writ ?Ja tcoLc vcP/_ _ /? -t?a1DJ5 by p(lcolial slivic h/Ic'1ifi if , rst ci me, 1, wmit I's Icceipt au a hcrl t -" to, and upont aply Ilet, (Immo) 19 by ruon;da vice, by tent ti led"1eyistw?Ird wai cenlu iecui[' tlased herafo. and tulI 1"; fhat I served the Rule to File a Complaint sc(.oOtpan y;ny Ih,, ahooc No it Pvnwal ,.pot) h_ :,?rell"o)s? "o whom tlv Rule IV addlesscd On- by ;wr;c,I al scrvi: -ww Ice; r 1 II Ire"7istw"d mail, sen"se"s IT" Pt attached hercto_ SP'OIRN (AMPMED) ND IF3,`j['RIRED REEORE NIE/ TNDDAY C'I-.- bbb __ Si l????rure or.Ll ,?74ofort n nr ;: f/ h was naa?? TN oto(G n. Arun or ,7tr.,nt My ccm?n ,.on exDII ° "I , 19-.-_. ONiMONWEAL i H OF PENNSYLVANIr'1 Notarial Seal Debra K. Spinner, Notary Public Gty Of Fiartisburg, iSauPhint 3W2007 My t:,ommission Fires SeP Merc?hs:. Pe^.^•'";!va'?i2 Fsso?iation Of Notari"s NC-'C' cc /\oocn,l_ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Zeplin's Security Group __ 2026 Market Street, P.O. Box 144, Cwap Hill, PA 17011 09-1-02r ,.E o ME r-.,,, 3-29-05 Ze 11n's Security GrouF?fv. `PSOUkatost Sonati M G.AY... .AP IL TA 19 of QQQ0045 05 LT 19 _ ?- This block will be signed ONLY when this notation is required under Pa. R.C.P J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Pro thono tart' or Deputy 1, If appellant was Claimant (see Pa. R. C. P. J. P. No. 1001(6! in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No. 10070 in action before District Justice. IF NOT USED, detach from copy of notice of appeal to he served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. RULE: Name of appellee te) appellee(s), to file a complaint in this appeal Name of appellee (s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. appellant or his attorney or agent appellce(s) (1) You are notified that a rule is hereby entered upon you to tile a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 19- Signature of Prothonotary or Deputy AOPC 31284 _ _ ZEPLIN'S SECURITY GROUP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 05-1882 CV SONATA TSOUKATOS CIVIL ACTION - LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ZEPLIN'S SECURITY GROUP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 05-1882 CV SONATA TSOUKATOS CIVIL ACTION - LAW Defendant NOTICIA Les ban demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apapriencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en copra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ZEPLIN'S SECURITY GROUP, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 05-1882 CV SONATA TSOUKATOS CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, by and through his attorneys, Mancke, Wagner & Spreha and files the following Complaint: 1. Plaintiff, Zeplin's Security Group, is a Pennsylvania Corporation having a business at 2026 Market Street, Box 144, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Sonata Tsoukatos, is an adult individual residing at 6A Richland Lane, Suite 101, Camp Hill, Cumberland County, Pennsylvania. 3. At all times pertinent hereto, Defendant was an employee of the Plaintiff. 4. At all times pertinent hereto, the Plaintiff was anticipating the sale of part of his business, which if sold, could have adversely effected the continued employment of the Defendant. 5. In anticipation of the sale of the business, Plaintiff had an understanding which was oral in nature with the Defendant, that Plaintiff would advance approximately $6,200 to the Defendant, that represented pay through the calendar year of 2004, so that if the business was sold during the calendar year 2004, the Defendant would be paid so as to have sufficient sums of money as though she worked for the balance of the year. 6. As further part of the understanding, if the sale of the business did not occur during the calendar year 2004, the money would have to be returned. 7. The anticipated sale of the business never occurred. 8. As a result, Plaintiff requested the return of the $6,200 from Defendant, but Defendant refused to return the same. 9. Plaintiff believes and therefore avers that the condition for the receipt by the Defendant of the aforementioned sum did not occur, (i.e. the sale of the business), the Defendant is required to return the aforementioned sum as part of the agreement with Plaintiff. WHEREFORE, Plaintiff requests the Court to grant judgment in the amount of $6,200 together with costs and interest. COUNT II - UNJUST ENRICHMENT 10. Paragraphs I - 9 are incorporated herein by reference. 11. Defendant continued to work for the Plaintiff throughout the entire calendar year of 2004. 12. The Plaintiff did not sell its business as it anticipated in the calendar year 2004. 13. In addition to the aforementioned $6,200, Defendant received her regular salary throughout the year 2004. 14. Since Defendant was paid the $6,200 in anticipation of a sale, which sale never occurred, Defendant otherwise was paid her full salary, the advancement of the $6,200 represents an unjust enrichment to the Defendant for which she provided no service or consideration in return. WHEREFORE, Plaintiff requests the Court to grant judgment against the Defendant in the amount of $6,200 together with costs and interests. Respectfully submitted: " P. rd Wagner, Esquire ID #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 0 DATE: i? .A f;' _, i t` ., G,: t? ( ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ZEPLIN'S SECURITY GROUP, INC. Plaintiff V. No. 05-1882 CV Civil Action - Law SONATA TSOUKATOS, Defendant NOTICE TO PLEAD TO: Zeplin's Security Group, Inc. You are hereby notified to file a written response to the enclosed ANSWER AND NEW MATTER WITH COUNTERCLAIM within twenty (20) days from service hereof or a judgment may be entered against you. Ldp 1[. v)w..r' Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 I.D. # 23989 (717) 737-1300 Attorney for Sonata Tsoukatos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ZEPLIN'S SECURITY GROUP, INC Plaintiff V. No. 05-1882 CV Civil Action - Law SONATA TSOUKATOS, Defendant ANSWER AND NEW MATTER WITH COUNTERCLAIM Defendant, Sonata Tsoukatos, by and through her attorney, Debra K. Wallet, Esquire, answers the Complaint as follows: ANSWER 1. ADMITTED. (It is believed that the proper corporate name is "Zeplin's Security Group, Inc."). 2. ADMITTED. 3. ADMITTED in part and DENIED in part. It is ADMITTED that Defendant Sonata Tsoukatos [hereinafter Tsoukatos] was an employee of Plaintiff Zeplin's Security Group, Inc. [hereinafter Employer] until she was fired by Fred W. Zeplin [hereinafter Zeplin] on January 17, 2005. For certain times pertinent to this complaint, Tsoukatos was not an employee of Employer. 4. ADMITTED. 5. DENIED. It is denied and legally impossible for an incorporated entity to have had any "oral understanding" with Tsoukatos. To the extent that Employer contends that a discussion occurred between Tsoukatos and Zeplin, Tsoukatos admits that Zeplin told Tsoukatos he was selling the business. Tsoukatos specifically denies any "oral understanding" between Tsoukatos and Employer. Tsoukatos specifically denies that Zeplin described the payment of money as anything other than a bonus. By way of further answer, Zeplin told Tsoukatos that he was paying her additional sums of money as a bonus to compensate her if the business were to be sold and she lost her job. Zeplin also told Tsoukatos that a further benefit of the sale would be that she could collect unemployment compensation when she lost her job. 6. DENIED. It is specifically denied that any oral understanding occurred between the parties that this "bonus" would "have to be returned." There was no consideration for the payment of the bonus and thus there was no oral agreement. 7. It is ADMITTED that the sale of the business did not occur on or before January 17, 2005, the date of Tsoukatos's termination by Employer. Tsoukatos has no information or knowledge about whether the business was sold at some later time. 8. It is ADMITTED that Zeplin requested the "return" of $6,200.00 and that Tsoukatos has refused to return any money paid to her. It is DENIED that Tsoukatos received $6,200. It is further DENIED that the return of any pay was a part of some "oral understanding." 9. To the extent that this averment represents a CONCLUSION OF LAW, it is DENIED that there was any contract between Tsoukatos and either Employer or Zeplin. To the extent that it may be deemed factual, it is DENIED that any oral understanding or agreement was made between Employer and Tsoukatos or Zeplin and Tsoukatos. It is specifically DENIED that Tsoukatos has any obligation or legal requirement to return any money paid to her by Employer. 10. The responses to Paragraphs 1 to 9 are incorporated herein by reference. 11. ADMITTED. 12. ADMITTED. 13. ADMITTED. 14. To the extent that this averment represents a CONCLUSION OF LAW, it is DENIED that there was any unjust enrichment. To the extent that it may be deemed factual, it is DENIED that any oral understanding or agreement was made between Employer and Tsoukatos or Zeplin and Tsoukatos that this money was an ,,advancement." If it was an "advancement" then Employer should have stopped paying Tsoukatos on a weekly basis on the theory that the "advancement" already paid for her labors. It is specifically DENIED that Tsoukatos has any obligation or legal requirement to return any money paid to her by Employer. NEW MATTER 15. Tsoukatos was an employee-at-will of Employer. 16. In an employment-at-will state, such as Pennsylvania, the law does not recognize oral agreements between employees and employer unless they involve specific promises concerning continued work in exchange for specific consideration. 17. Employer made no promises to Tsoukatos about continued work. 18. Zeplin made no promises to Tsoukatos about continued work. 19. Zeplin told Tsoukatos that after the business was sold she would have no work. 20. The money paid by Employer to Tsoukatos, over and above her regular salary, was described to Tsoukatos by Zeplin as a "bonus." 21. Zeplin paid himself a bonus of approximately $15,000 at the same time Tsoukatos received the bonus payments. 22. Zeplin paid another employee, Tammy Walker, a bonus at the same time Tsoukatos and Zeplin received the bonus payments. 23. Tsoukatos received the gross sum of $ 2,187.50 in each of three payments. 24. Tsoukatos paid her employee share of tax on the full amount of the bonus received. 25. After the deduction of taxes, Tsoukatos actually received $ 1,688.20 in each of three payments. 26. The 2004 W-2 statement prepared by Employer and sent to Tsoukatos included these sums as wages paid during tax year 2004. 27. If the alleged agreement was that the money would be paid back if the business did not sell during 2004, then Tsoukatos had no control over the sale and the alleged agreement was no agreement at all. 28. Tsoukatos worked through mid-January, 2005 and was paid hourly for those hours worked until her termination. 29. At no time during 2004 did Employer cease paying Tsoukatos on the theory that she had already been paid for this same period of time. 30. Tsoukatos had no understanding, oral or otherwise, that she would have any obligation to return any portion of the bonus for any reason. 31. Zeplin turned down at least one offer to buy his business in 2004. 32. As a matter of law, one party to a contract cannot collect for non- performance of the contract when his own actions prevented the non-performance. 33. Zeplin brought the identical action but for a slightly different amount of money against Tsoukatos before District Justice Clement who, after hearing testimony and other evidence presented by both parties, awarded no money to Zeplin on any legal theory. 34. Zeplin had a romantic relationship with Tsoukatos which ended. 35. Employer's bringing of this action was arbitrary, vexatious, or in bad faith and Tsoukatos is therefore entitled to a reasonable counsel fee as part of taxable costs of this matter, pursuant to 42 Pa. C.S.A. §2503(9). WHEREFORE, Defendant Sonata Tsoukatos respectfully requests that the Court grant judgment in her favor and against Plaintiff, together with all costs, including a reasonable attorney's fee. COUNTERCLAIM 36. In or about October 2003, Employer by its president Fred W. Zeplin engaged Tsoukatos to perform duties related to the collection of overdue and past due accounts. 37. The person previously engaged to collect Employer's accounts was terminated by Employer. 38. These collection duties were in addition to the responsibilities assigned to Tsoukatos for which she was paid an hourly rate. 39. The duties were added to Tsoukatos' regular duties, but her hourly rate was not increased because Employer negotiated a commission to be paid for all collection efforts. 40. Employer agreed to pay Tsoukatos ten percent (10%) of all money collected. 41. Tsoukatos submitted to Employer a spreadsheet of the account number, name of the customer, amount due, comments about efforts, and amount paid with the date. 42. Tsoukatos no longer has possession of the spreadsheet, but the amounts collected exceeded $20,000. 43. The spreadsheet is in the exclusive possession and control of Employer. 44. Employer owes Tsoukatos in excess of $2,000 representing ten percent of all monies collected for Employer between October 2003 and January 2005. WHEREFORE, Defendant Sonata Tsoukatos respectfully requests that the Court grant judgment in her favor and against Plaintiff on the Counterclaim in an amount to be proven at trial but believed to be in excess of $2,000, together with all costs. Respectfully submitted, 1.Q,tln,. V.W)41 ? Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 I.D. # 23989 (717) 737-1300 Attorney for Sonata Tsoukatos IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ZEPLIN'S SECURITY GROUP, INC Plaintiff V. No. 05-1882 CV Civil Action - Law SONATA TSOUKATOS, Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. hiAg it 2006 DATE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ZEPLIN'S SECURITY GROUP, INC., Plaintiff V. No. 05-1882 CV Civil Action - Law SONATA TSOUKATOS, Defendant PROOF OF SERVICE I, Debra K. Wallet, Esquire, hereby certify that on May 19, 2005, I served a true and correct copy of the ANSWER AND NEW MATTER WITH COUNTERCLAIM by first-class mail, postage pre-paid, addressed as follows: P. Richard Wagner, Esquire MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 4c? ti. Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 I.D. # 23989 (717) 737-1300 Attorney for Sonata Tsoukatos __ ? , C, ? ?, OJ +.yi ZEPLIN'S SECURITY GROUP, INC., Plaintiff V. SONATA TSOUKATOS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1882 CV CIVIL ACTION - LAW ANSWER OF PLAINTIFF TO THE NEW MATTER AND COUNTERCLAIM OF DEFENDANT NOW COMES, the Plaintiff, Zeplin's Security Group, Inc., by and through its attorneys, Mancke, Wagner and Spreha, and files the following Answer to New Matter and Counterclaim: 15. Admitted. 16. To the extent that averment 16 is a conclusion of law, there is no answer required. To the extent that there is an implication there was no oral agreement, such is expressly denied by the Plaintiff. 17. Denied. It is denied that no promises were made to the Defendant about continued work. 18. Denied. It is denied that no promises were made to the Defendant about continued work. 19. Denied. It is denied that Zeplin told Tsoukatos that after the business was sold she would have no work. 20. Denied. It is denied that the money paid to the Defendant was described by the Plaintiff as a bonus. 21. Admitted. However, it was not a bonus. 22. Denied. It is denied that another employee, Tammy Walker, was paid a bonus. 23. Admitted. 24. Admitted. However, it is denied that it was a bonus. 25. Admitted. 26. Admitted. 27. This is a legal conclusion for which no answer is required. 28. Admitted. 29. Admitted in part. It is denied that it was not requested to be returned by the employer. 30. Denied. It is expressly denied that the Defendant had no understanding that she would have an obligation to return the monies that were given to her. 31. Admitted. 32. This averment is a conclusion of law for which no answer is required. 33. Admitted that there was an action brought, however, it is denied that the decision by the District Justice has any relevancy to the current proceeding. 34. Admitted. 35. Denied. It is denied that this action is arbitrary, vexatious, or in bad faith or that the Defendant is entitled to reasonable counsel fees. WHEREFORE, Plaintiff requests the Court to dismiss the New Matter of the Defendant. COUNTERCLAIM 36. Admitted. 37. Denied. It is denied that the person previously engaged to collect the employer's account work was terminated by the employer. 38. Admitted. 39. Denied. It is denied that there was any commission negotiated to be paid for the Defendant's regular duties at her place of employment. 40. Denied. It is denied the employer agreed to pay Defendant 10% of all money collected. 41. Denied. It is denied that any spreadsheet with accounts, customer names, amounts due, etc., was submitted to the employer for purposes of collecting a commission. 42. Denied. It is denied that there was collected by the Defendant any sums of money for which a commission is due. 43. Denied. The Plaintiff is without knowledge concerning this averment. 44. Denied. It is denied employer owes Tsoukatos in excess of $2,000 representing 10% of all monies collected. WHEREFORE, Plaintiff requests the Court to dismiss the Counterclaim of Plaintiff. Wagner, Esquire ID #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: -T? CERTIFICATE OF SERVICE I, P. Richard Wagner, Esquire, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 Attorney for Plaintiff DATE: 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 (: ?? ? C EEi ? '? yr - C? Tt f?l _. ?J -; j :!j CJ ? Tt - h? ?f iZ : _ ? Cl "': Curtis R. Long Prothonotary office of the Protbonotarp ?Cum6erYanD ?Louttrp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n5 -/A e ;?,- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29T' DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573